HomeMy WebLinkAboutAgenda Council Agenda 082103City of Palm Beach Gardens
Council Agenda
August 21, 2003
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Jablin
Vice Mayor Sabatello
Council Member Clark
Council Member Russo
Council Member Delgado
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
August 21, 2003
7:00 P.M.
L PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV. ANNOUNCEMENTS /PRESENTATIONS:
a. Pace 6 Joint Partnership with School Board /Howell Watkins.
b. (Pa 2e 7 Second Quarter Police Department Report.
C. (Page 24 Quarterly Financial Report June 2003.
V. ITEMS OF RESIDENT INTEREST:
VI. CITY MANAGER REPORT:
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. (Pa 2e 79 Consideration of approving Minutes from the August 7, 2003 Regular
City Council Meeting.
b. (Pa 2e 84 Consider approval of Change Order No. 1 in the amount of $51,658
for Global Electric - installation of conduit to complete Burns Rd street lighting
Infrastructure and fiber optic conduit from city Call to Public Works.
C. (Page 89) Resolution 145, 2003 — Consider approval of a $37,000 work
authorization for LBFH Project 2003 -007 Stormwater Improvement Phase 11.
Approving a work authorization for engineering services with the firm of LBFH,
inc. In connection with Stormwater System Improvements — phase 11, Thompson
River Canal right -of -way surveying and mapping; authorizing the City Manager
to execute said agreement; and providing an effective date
d. (Page 102) Proclamation — Literacy Awareness Month
IX. PUBLIC HEARINGS:
PART I — QUASI- JUDICIAL
a. (Page 103) Ordinance 17, 2003 — Amendment to Banyan Tree Planned Unit
Development (PUD) — Phase I and II (second reading). An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida approving an amendment to
the Banyan Tree Planned Unit Development (PUD) in order to allow
modifications to the previously approved master plan for the PUD and to allow an
extension to the build -out date for the PUD, generally located on both the
Northeast and Northwest corners of Northlake and MacArthur Boulevards
(Parcels 12.04 and 12.05), as more particularly described herein; amending
condition no. 21 of Ordinance 41, 2001 and Condition No. 4 of Ordinance 11,
2003; providing for waivers; providing for conditions of approval; and providing
an effective date.
PART II — NON QUASI- JUDICIAL
a. (Page 153) Resolution 111, 2003 — Garden Oaks Land Use Amendment. A
resolution of the City Council of the City of Palm Beach Gardens, Florida
authorizing the transmittal of an amendment to the future land use map of the
comprehensive plan of the City of Palm Beach Gardens relating to certain
property consisting of approximately 116.3 acres, generally located on the east
side of Military Trail approximately one - quarter (1/4) mile south of Northlake
Boulevard, commonly known as "Garden Oaks," to change the land use
designation from Palm Beach County residential high 8 (RH8) to City of Palm
Beach Gardens residential low (RL); and providing an effective date.
b. (Page 193) Resolution 112, 2003 — Sunset Drive Land Use Amendment. A
resolution of the City Council of the City of Palm Beach Gardens, Florida
authorizing the transmittal of an amendment to the future land use map of the
comprehensive plan of the City of Palm Beach Gardens relating to certain
property consisting of approximately 25.05 acres, generally located on the west
side of Interstate 95, south of Northlake Boulevard, commonly referred to as the
"Sunset Drive" residential development, to change the land use designation from
Palm Beach County residential high 8 (RH8) to City of Palm Beach Gardens
residential medium (RM); and providing an effective date.
X. RESOLUTIONS:
(Page 233) Resolution 130, 2003 — Quit -Claim Deed from the NPBCID for the
lake parcels at Downtown at the Gardens. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida accepting a Quit -Claim deed from the
Northern Palm Beach County Improvement District for the Lake parcel at
Downtown at the Gardens; authorizing the Mayor and City Clerk to execute a
Quit -Claim deed in favor of Downtown at the Gardens, LLC for the Lakes parcel
at Downtown at the Gardens; reserving rights for the public to access and use the
Lake parcel; and providing an effective date.
b. (Page 245) Resolution 136, 2003 — Military Trail Grant Petition. A resolution of
the City Council of the City of Palm Beach Gardens, Florida approving a limited
fifty /fifty matching grant program for single - family and multi - family residential
developments / subdivisions abuttting the East and West sides of Military Trail,
between Northlake Boulevard and the EPB 3 -C canal; and providing an effective
date.
(Page 253) Resolution 141, 2003 — PBG accepting warranty deeds from Taylor
Woodrow Communities at Mirasol conveying park property. A resolution of the
City Council of the City of Palm Beach Gardens, Florida accepting warranty
deeds from Taylor Woodrow Communities at Mirasol, Ltd. Conveying to the City
Park property and the access road adjacent to the park property; and providing an
effective date.
XL ORDINANCES: (For Consideration on First Reading)
(Page 275) Ordinance 33, 2003 — Seacoast Utility Authority at Hood Road/Revise
parking lot & Modify Existing Entrance. An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida amending Ordinance 29, 1990, which
approved a site plan for the Seacoast Utility Headquarters located at the southwest
corner of Alternate AlA and Hood Road, as more particularly described herein to
re- locate twenty -two parking spaces and modify the project entrances as a result
of the hood road widening and improvement project; and providing an effective
date.
XIL ITEMS FOR COUNCIL ACTION/DISCUSSION:
(Page 291) Parcel 27.06 La -Z -Boy Appeal.
XIIL CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 28626, persons
with disabilities needing special accommodations to participate in this proceeding should
contact the City Clerk's Department, no later than 5 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
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
IV. ANNOUNCEMENTS / PRESENTATIONS:
a. Joint Partnership with School Board / Howell Watkins. No Documents
Included
City of Palm Beach Gardens
Police Department
2nd Quarter Report
2003
Chief Stephen J. Stepp
I
Statistical Summary
2nd Quarter — 2003
Crime Statistics
Crime Reuortin2
Reportable crime for the 2nd quarter of the year 2003 is
down —6% compared to the 2nd quarter of 2002. Calls for
Service are up by 160. Residential and business burglaries
are down by 4, auto burglary is down by 10, however, auto
theft is up by 9 and robbery is up by 4.
':'Arrests Statistics
There were 221(25 juveniles, 196 adults) arrests for the 2nd
quarter of 2003, compared to 225 (50 juveniles, 175 adults)
for the same time period 2002. This represents a 2%
decrease in arrests for the 2nd quarter 2003.
+Traffic Statistics
There were 3,946 traffic stops, with 3,042 citations issued,
and 711 accidents reported in the 2nd quarter of 2003.
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' Palm Beach Gardens Police Department
PART I CRIME
2" d Quarter
I APRIL -JUNE CRIME COMPARISON t
7
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CLASSIFICATION
2003
2002
# OF
CHANGE
Murder
0
0
0
Forcible Sex Offenses
6
9
-3
Robbery
12
8
+4
Aggravated Battery
20
17
+3
Burglary (Residential and Business)
65
69
-4
Larceny (Including Retail Theft/Auto
Burglary)
304
343
-39
Auto Theft
33
24
+9
Quarterly Totals
440
470
-30
1
2003
2002
-# OF CHANGE
CALLS FOR SERVICE
1 12,797
12,637
+160
1
003 Part I Crime subject to revision per investi atio
Prepared by Leah Wells, Crime Analyst, 7/10/03
1
40
35
30
25
20
15
10
5
2nd Quarter- Burglary Statistics
0
Burglary /Residence Burglary /Business
Apr - May - Jun
® 2002 ■ 2003
Prepared by Leah Wells, Crime Analyst 7/10/03
' Palm Beach Gardens Police Department
2 °a Quarter — Arrests
April - June 2003
Arrest
Adult
Juvenile
Total
Forcible Sex Offense
1
0
1
Retail Theft
42
11
53
Aggravated Battery
6
0
6
Simple Battery
22
2
24
Robbery
5
0
5
D.U.I.
33
0
33
Homicide
0
0
0
Drugs
26
4
30
Larceny /All Other
2
2
4
Burglary
7
0
7
Auto Burglary
0
0
0
Frauds
35
0
35
Cri minal Mischief
1
1
2
Stolen Vehicle
1
1
2
Arson
0
0
0
Weapons Violations
0
0
0
Liquor Law Violations
2
0
2
Dealing in Stolen Prop.
0
0
0
Miscellaneous
13
4
17
Totals
196
25
221
IPrepared by Leah Wells, Crime Analyst, 7/10/03
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Palm Beach Gardens Police Department
PART I CRIME
U.C.R.
JANUARY- JUNE CRIME COMPARISON
CLASSIFICATION
2003
2002
# OF
CHANGE
Murder
0
0
0
Forcible Sex Offenses
12
11
+1
Robbery
25
19
+6
Aggravated Battery
33
34
-1
Burglary (Residential and Business)
138
192
-54
Larceny (Including Retail Theft/Auto
Burglary)
686
665
+21
Auto Theft
73
46
+27
Quarterly Totals
967
967
0
F.Y.I.
2003
2002
#
Auto-Burglary
282
268
+14
January through June=
2003
2002 =#OF
CHANGE
CALLS FOR SERVICE
1 25,647
25,108
1 +539
003 Part I Crime subject to revision per investi atio
Prepared by Leah Wells, Crime Analyst, 7/10/03
Administrative Operations
2nd Quarter 2003
ICommunications:
' In 2001 Palm Beach County 9 -1 -1 created, and we joined, the 911 Public Education
Team. The purpose of the team is to create and present programs to educate the public on
the proper use of 9 -1 -1. We began presenting the children's program, designed for
' grades K -3, to area children in the fall of 2002. To date, we have presented the program
to approximately 1200 children.
I
In the second quarter of this year, Communications handled a total of 45, 517 calls, both
incoming and outgoing. Of those total calls, 25,606 were non - emergency calls, 13,356
were outgoing calls. There were 6,555 (911) calls, including 4,102 that came from
cellular telephones.
A mock hurricane drill was conducted on May 22, 2003, in the newly established
emergency operations center (EOC) located in the Police Department on the 2nd floor.
Some consolidation of emergency support functions (ESF) was achieved with the new
design, which was successful during this mock drill. Updated software was also
introduced from the Palm Beach County EOC. The software was not used in this
particular drill, but has been installed and appears to provide more efficiency in
operations. Auxiliary air conditioning was added to the new EOC that would function off
the emergency generator should FP &L power be lost.
Records:
In June of this year, we received the Paperless product from VisionAir to commence beta
testing the software. This has been a tedious and consuming project. There are many
issues related to the software that are not conducive to our Agency's procedures. We are
in daily contact with VisionAir computer support, attempting to work out all the "bugs ".
The beta site testing time frame is, at this time, still open ended.
Radio System:
Currently there are seven (7) municipalities who have passed the Inter -local Agreement
regarding the MIA Com Open Sky radio project. West Palm Beach Police Department's
resolution will be expected to pass on August 4`h or August 1 Vh, along with other
scheduled agencies over the next six weeks.
C
SPECIAL OPERATIONS
Second Quarter 2003
The Special Operations Bureau accomplished the following during this quarter:
Detective Division: During this quarter, this division achieved a 59% clearance
rate of assigned cases. The following is a summary of the second quarter
statistics:
Cases Cleared. 50 (including long term cases)
Arrests: 09 (some include multiple charges)
Arrest Warrants Filed: 09
Specialized Units: On 6/1/03 SWAT and Hostage Negotiation Teams
responded to a barricaded subject who exhibited a self- destructive personality
while armed with a handgun. The incident was successfully resolved when, after
negotiations, the subject surrendered to perimeter units.
Training Division:
• Training Division conducted the following in- service training:
Child Abuse Protocol
Juvenile Sex Crimes
Domestic Violence
Tactical Shooting
Evidence -Crime Scene
Diplomatic Immunity
Total: 66 hours of in- service training
• Hostage Negotiations Regional Training was held here on April 15th where
four dozen police officers from several different South Florida police
departments attended.
Volunteers: The total amount of volunteer hours for this quarter is 807 hours
and 20 minutes:
April ... .........................336.45 hrs.
May .... .........................215.20 hrs.
June .... .........................255.15 hrs.
CAGuarterly Reports\2nd Qtr Spec Ops 2003.docPage 1 of 3
u
Crime Prevention Unit:
Progress made toward addressing identified concerns and problems:
• Auto burglaries at Plant Drive Park
• Auto burglaries reduced from sixteen from the start of school to
zero through enforcement efforts.
• Car key thefts at fitness centers
• Met with managers and employees
• Conducted a Senior Safety presentation to residents of Prosperity Oaks
• In response to citizen complaints, two saturation patrols were conducted
throughout the Hilltop Gardens Mobile Home Park, resulting in two drug
arrests and numerous other enforcement activities.
• Decoy cars deployed at locations identified by crime analysis.
DARE
• Instructors conducted graduation ceremonies in six elementary schools.
CPTED (Crime Prevention Through Environmental Design)
• Fourteen plans were submitted for review, with seven receiving their
Certificate of Occupancy, along with eleven building permits reviewed.
Participated in the following community events:
• Police Athletic League Chess Tournament
• Children fingerprinting for a Cub Scout Troop at St. Mark's Church
• Kids' Safety Fair at PBG Elementary School
• Special Olympics Torch Run and fundraising totaled $1,741
• Children Safety Fair at Costco
• Senior Safety Presentation at Prosperity Oaks senior community
• Neighborhood Watch presentations at Prosperity Oaks and Oaks East
Donations for the quarter include:
• $435 for the Police Explorers' Flag Program
• $300 for the DARE Program from the Palm Beach Gardens PTA
• $10,000 for the TIPS Program from Frenchman's Creek
Police Athletic League
CAQuarterly Reports\2nd Qtr Spec Ops 2003.docPage 2 of 3
IActivities for the quarter include:
• Bowling league
' • PBG Flag Football
• Chess
• Soccer
' The Police Explorers
' The Post continues to grow. In June, the Post participated in the annual
state competition. The Police Explorers have also volunteered scores of
hours within the Police Department and assisted in Communications,
Records, Road Patrol, Crime Prevention and Traffic.
The Youth Court Program
• Currently has 35 active cases
' Truancy Interdiction Program (TIP)
' • One hundred twenty truants were processed within the TIP Center this
quarter. Ninety -nine were found in our city with the remainder coming
from surrounding jurisdictions.
Recruitment and Hiring:
• Attended two job fairs. Posted openings on Florida Police Chiefs' website.
• Conducted 14 background investigations
• Hired the following new employees:
' o Seven Police Officers
o One Crime Scene Investigator
o One Records Clerk
n
ICAQuarterly Reports\2nd Qtr Spec Ops 2003.docPage 3 of 3
17
UNIFORM OPERATIONS BUREAU
SECOND QUARTER REPORT 2003
During the month of June we noted that there was illegal use and sales of narcotics in the
residential mobile home park of Hilltop Gardens. We utilized the Rapid Response Team
approach and partnered with Code Enforcement to address the problem. The area was saturated
with plain clothes, K -9, and uniformed officers. Numerous traffic stops were conducted which
resulted in citations being written as well arrests for drug violations. As a result of this
operation, the illegal activity has reduced and we received a letter from a resident thanking us for
our efforts and the outcome and the professional way it was accomplished.
During this quarter, we experienced an increase in auto thefts and robberies in comparison to the
same time period in 2002. We identified the areas within the City where the majority of the auto
thefts and robberies occurred. The Rapid Response Team approach was utilized on Northlake
Boulevard where we identified the largest concentration of these incidents. Directed patrols
were implemented in an attempt to deter these crimes. As a result of these efforts, road patrol
officers made five arrests for auto theft and eight arrests for robbery.
During this quarter, we experienced a rash of auto burglaries in the Gardenia and Honeysuckle
' area. Our Police K -9 Unit tracked two suspects that were responsible for the burglaries. The
suspects were arrested after they were located hiding in the bushes.
' Our Traffic Division participated in the "Click it or ticket" seat belt enforcement campaign from
May 19 to June 1 where a total of 902 citations were issued. We continue to see an increase in
' voluntary compliance since this program's inception. We experienced a 71% pre -wave usage
rate and an 83% post -wave usage rate during this year's campaign. This is attributed to our
enforcement and education efforts.
Aggressive driving continues to be a concern throughout the County and our construction zones.
Since motorists tend to obey all traffic laws in the presence of marked police cars, the Traffic
Division will be utilizing an unmarked vehicle to conduct traffic enforcement in this area. This
vehicle will be equipped with a video camera that will videotape the aggressive drivers' actions.
The video camera was awarded to use for our efforts during the Florida Law Enforcement
Challenge.
A study was conducted on ways to improve the morning traffic flow at Timber Trace Elementary
' School. This study was approved by the area supervisor for the School District's Police
Department and will be presented to the Principal at Timber Trace for implementation prior to
the new school year.
The City was experiencing numerous vehicle crashes on Military Trail at Hood Road. The
Florida Department of Transportation was petitioned to change the traffic signal from a
permissive green to a protected left turn. This was accomplished and now requires drivers
turning to wait for the green arrow.
' Due to the number of severe injury accidents occurring in the construction zone on I -95 between
PGA Blvd. and Northlake Blvd. earlier this quarter, we contacted the Florida Highway Patrol
(FHP) who agreed to partner with our officers to provide high visibility and enforcement in that
' area. Based on the reports from the FHP and our Fire Rescue Department, the severe injury
crashes have reduced.
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Our morning and afternoon shift lieutenants and the crime prevention sergeant are working with
Code Enforcement to reduce false business and residential alarms which continue to tax our
resources. The project requires our crime analyst to identify and provide the addresses of all
repeated false alarms each month. The lieutenants or the crime prevention sergeant visit the
owners of the locations to educate them about the impact on public safety when responding to
the false alarms. Recommendations are made on having the system inspected and/or repaired.
The following is a summary of the activities and accomplishments within the Uniform
Operations Bureau:
Arrests: A total of 221 people were arrested during this quarter. As illustrated below, the
majority of the persons arrested are non - residents and adults.
Y00 M Felony Charges
196 ■ Misdemeanor Charges
150
O DUI
100 O Adults
' t ■Juveniles
50 i M Residents
33 ■ Non - Residents
Traffic Enforcement:
® Traffic Stops
■ Citations
O Crashes
0Commercial Vehicle Enforcement
■Aggressive Driving Enforcement
■ Seat Belt/Child Restraints
K -9 Usage: Our Police K -9 Unit was used 35 times during this period. The following graph illustrates
the types of usages and the community involvement functions they participated in:
O Area Searches
O Building Searches
■ Narcotic/Explosive Searches
M Demonstrations
Off -Duty Activity: The following graph illustrates the off -duty activity of officers with assigned
vehicles. The data reflects a total of 36 incidents handled during off -duty hours:
am
M Disabled Motorist
■Traffic Crashes
•Traffic Stops
• Assist Other Officers
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City of Palm Beach Gardens,
Florida
Quarterly Financial Report
June 30, 2003
Prepared by:
Finance Department
Allan Owens, CPA, CGFO
Finance Administrator
TABLE OF CONTENTS
Transmittal Letter ...................................... ............................... 1
Investment Report ......................................
............................... 8
Risk Management Report ................................
.............................11
Capital Improvement Plan Update ......................
.............................12
Grant Status Report .......................................
.............................22
Financial Statements
General Fund
BalanceSheet ...................................
.............................27
Statement of Revenues and Expenditures
.... .............................28
General Fund Analysis ..........................
.............................29
Special Revenue Funds
Recreation Programs
BalanceSheet ...................................
.............................30
Statement of Revenues and Expenditures
.. .............................31
Gas Tax
BalanceSheet ..................................
.............................32
Statement of Revenues and Expenditures
.. .............................33
Special Revenue Fund Analysis ..............
.............................34
Capital Projects Funds
Recreation Impact Fees
Balance Sheet ..................................
.............................35
Statement of Revenues and Expenditures
.. .............................36
Police Impact Fees
BalanceSheet ...................................
.............................37
Statement of Revenues and Expenditures
.. .............................38
Fire Impact Fees
BalanceSheet ...................................
.............................39
Statement of Revenues and Expenditures
.. .............................40
Road Impact Fees
BalanceSheet ................................... .............................41
Statement of Revenues and Expenditures .. .............................42
Burns Road
Balance Sheet .................................. .............................43
Statement of Revenues and Expenditures .. .............................44
Capital Project Funds Analysis ............. .............................45
Proprietary Funds
Enterprise Fund (Golf)
Balance Sheet ................................ .............................47
Statement of Revenues and Expenditures . ............................... 48
Internal Service Fund (Fleet)
Balance Sheet ............................... .............................49
Statement of Revenues and Expenditures .. .............................50
Proprietary Funds Analysis ................... .............................51
TRANSMITTAL LETTER
Overview
I am pleased to present the financial report for the City of Palm Beach Gardens for the
nine months ended June 30, 2003. The intent of these reports is to better inform not only
Council, but the public as well, throughout the year, of our financial position by
comparing actual results with the adopted budget, and taking corrective actions as
appropriate. Our goal is to provide optimum fiscal responsibility through open disclosure
in a public forum.
Format
A brief description of each section of this report is as follows:
Transmittal Letter — a financial overview and brief discussion of significant items
encountered during the prior quarter.
Investment Report — a summary of investment activity (purchases, sales, calls, etc.); total
cash and investments by fund; rate of return on investments compared with our
benchmark.
Risk Management Report — a summary of significant claims /trends /loss ratios, etc.
Capital Improvement Projects (CIP) Update — a summary of City projects with a status
report on each project to date.
Grant Status Report — a summary of City projects funded in part or in whole by grants
along with a status report on the project to date.
Financial Statements — The following funds' financial statements are presented:
• General Fund
• Special Revenue Funds
Recreation Programs
Gas Tax
• Capital Project Funds
Recreation Impact
Police Impact
Fire Impact
Road Impact
Burns Road
• Proprietary Funds
Enterprise (Golf Course)
Internal Service (Fleet Management)
IFor each of these funds, the following statements and other information are presented:
• Balance Sheet
• Statement of Revenues and Expenditures/Expenses
• Analysis of significant line items
Financial Overview
General Fund
Assuming expenditures occur consistently throughout the year, 75% of a department's
budget could expect to be expended through the third quarter of the fiscal year. No
department was over 75% expended for the quarter ending June 30, 2003.
Department Expenditures - % Expended Through June 2003
85
70
55
40
25
10
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Overall, total General Fund expenditures through the third quarter were $28.3 million, up
from $24.1 million for the same period last year.
General Fund revenues total $39.1 million through the end of the third quarter, up from
$34.4 million for the same period last year, as depicted below:
40,000
38,000
36,000
34,000
32,000
General Fund Revenues - 3rd Quarter
Last Year Vs. This Year (in $1,000s)
2002 2003
K
■ %Spent
The increase in revenue is primarily due to tax receipts ($26.6 as compared to $23.4
million), and $1.15 million received for the construction of fire station # 5 from WCI as
stipulated in the forbearance agreement.
A comparison of some of the other major categories of General Fund revenue from
last year to this year is depicted in the following chart:
General Fund Revenues
For the Period Ending June 2002 as compared to June 2003
3,500,000
3,000,000
2,500,000
2,000,000
1,000,000
500,000�� —
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❑ 3rd Qtr.Jun /02 ■ 3rd Qtr. Jun /03
• Franchise Fees ($2,224,442) — Franchise fees include revenues received from
FP &L ($2,185,024) and Waste Management ($39,418). Revenues earned to date
represent 78% of estimated earnings. Total revenues for the same period last year
were $2,062,818 or 76% of anticipated revenues.
Licenses and Permits ($3,103,597) — Licenses and permit revenues include
Building Permits ($2,081,764) and Occupational Licenses ($1,021,833).
Revenues earned to date represent 115% of estimated earnings, which exceed
budget projections by 40% for the period ending June 30, 2003. Total revenues
for the same period last fiscal year were $2,675,577 or 126% of anticipated
revenues, which exceeded budget projections by 51 %. In addition to building
permits, current year permit revenues include Training Surcharge, Special Events
and Right of Way Permits.
• Intergovernmental ($3,135,632) — Intergovernmental revenues include Half Cent
Sales Tax ($1,944,849), Communications Services Tax ($547,111), State
Revenue Sharing (518,363), County Occupational Licenses ($47,440), Mobile
Home Licenses ($21,199), Firefighters Supplemental Compensation Fund
($18,299), Alcoholic Beverage License Renewals ($26,416), and Fuel Tax
Refund ($11,955). Revenues earned to date represent 75% of estimated earnings
for the period ending June 30, 2003. Total revenues for the same period last fiscal
year were $3,107,597 or 77% of anticipated revenues.
• Charges for Services ($1,365,656) — Revenues include EMS Transport Fees
($910,237), Application Filing Fees ($112,450), Fire Inspection Fees ($224,632),
Tennis Fees ($86,525), Interim Service Fees ($23,646) and Swimming Pool Fees
($8,166). Revenues earned to date represent 117% of estimated budget, which
exceed projections by 42 %. Total revenues for the same period last fiscal year
were ($984,296) or 84% of anticipated revenues, which exceeded budget
projections by 9 %.
• Miscellaneous Revenues ($1,571,212) — Miscellaneous revenues include the
following: Donation for Fire Station #5 - Bay Colony/WCI ($1,150,000),
Landscape Deposit -Bay Colony ($5,000) Dennis Solomon — Sale of land for Fire
Station #4 ($209,633), Fl. Department of Transportation ($4,200), SunTrust Loan
origination fee ($4,613), County Impact Fee Collection Allowance ($56,189),
Kolter Properties ($18,365), American Heart Association ($1,750), Nextel Tower
Revenue ($18,000), Insurance Proceeds ($5,320), Lien Search Fees ($17,703),
Northlake Task Force Reimbursement ($43,955), and Other Miscellaneous
Revenues ($36,484). Revenues earned to date represent 84% of estimated budget,
which exceed budget projections by 9 %. Total revenues for the same period last
fiscal year were ($436,512) or 132% of anticipated revenues.
Signi f cant Items
The third quarter was again extremely busy for the Finance Department and the City as a
whole. Following is a brief summary of some of the more significant items occurring
during the quarter:
• The Finance Department prepared the proposed operating and capital
improvements budget for fiscal year 2004. The budget was presented to Council
at the July 17, 2003 meeting.
• In June the City received the preliminary notification of taxable values from the
Property Appraiser, which indicated an increase of approximately 17 %, to a total
of $5.2 billion.
• The Finance Department prepared Requests for Proposals for Bond Counsel and
I Financial Advisory services in order to move forward with Council's directive to
finance the approximately $5 million of stormwater improvements identified in
our City engineer's report.
• The City was notified by our insurance carrier that our Workers Compensation
experience modification rating had decreased by 11 %, from 1.14 to 1.01.
4
• The Finance and Legal departments began the process of having our impact fees
reviewed and updated, if needed.
• The firm of Rachlin, Cohen & Holtz presented the annual audit report for fiscal
year 2002 to Council in April.
Citywide, staff was again very busy managing the many CIP projects that are currently
I ongoing. During the quarter, some of the more significant projects that were completed,
or are nearing completion, include the following:
Burns Road
Mirasol Park
This project consists of
widening Burns Road from
two -lanes to four -lanes in two
phases: from Military Trail to
Riverside Drive (West) and
from east of Gardens East
Road to Prosperity Farms
Road (East). This project is
required by the CRALLS
designation for PGA Blvd.
issued by Palm Beach County,
and should be completed in
December, 2003.
This project, funded by Taylor Woodrow Communities, included the construction of
basketball courts, baseball field, two volleyball courts, multi - purpose fields, landscaping,
clay walkway, concession stand, recreation building, and picnic areas. The total value of
the project was $3.1 million dollars, and was completed in April.
i� � A r �•�Il. �r-
5
Canal Restoration
Fire Station #3
An agreement was reached
recently regarding the
completion of the intersection at
Howell Lane and Northlake
Boulevard. A deduct change
order was approved in the
amount of $2,500, and the final
payment will be released in July.
The station itself, shown to the
left, was completed in October,
2002.
Roadway Improvements
,1
This project includes the restoration of primary
canals located in the southeast quadrant of the
City as mentioned in the Stormwater
Management Plan, excluding Plat 4. The
anticipated completion for this phase of
restoration is July, 2003. Shown to the left is
an example of one of the canal sections after
restoration work has been completed.
6
This project includes pavement
resurfacing, milling and swale
restoration of several roadways
throughout the City. In addition,
installation of sidewalks according to
the sidewalk linkage plan, sidewalk
rehabilitation, and driveway repairs
were completed. An example of a
section of road after restoration is
illustrated to the right.
Municipal Artwork
This project includes the purchase of outdoor and
indoor artwork. The indoor project, "Triptych"
by Tim Prentice, (shown to the left) was recently
completed and dedicated.
The outdoor piece, "Contiguous Currents" by
Costas Varotsos, (shown to the right) was
dedicated in July.
A complete analysis of all current CIP projects can be found in the separate CIP section
beginning on page 12.
In summary, I would like to thank Ketty Labossiere, Joan Rivard, and Mary Anderson for
their efforts in preparing this document. I would also like to thank Stacy Rundle,
Grants /Contracts Administrator, and Angela Wong, Project Manager, for providing the
information presented in the Grant Status Report, and CIP Update, sections, respectively.
Respectfully submitted,
Allan Owens, CPA, CGFO
Finance Administrator
INVESTMENT REPORT
Security Purchases
During the quarter, we purchased six securities (detailed below) with a range of
maturities in order to enhance our total returns. Four securities totaling $2,000,000
replaced ones that were called during the quarter. An additional two securities totaling
$1,000,000 were purchased with excess cash as the investment rate at the State Board of
Administration continued to fall below the performance of longer -term securities.
• Federal Home Loan Mortgage Corporation Medium Term Note (par amount
$500,000, due 10/15/07, yielding 3.00 %)
• Federal Home Loan Banks Debenture (par amount $500,000, due 3/26/07,
yielding 3.023 %)
• Federal Farm Credit Banks Debenture (par amount $500,000, due 4/15/08,
yielding 3.003 %)
• Federal Home Loan Mortgage Corporation Medium Term Note (par amount
$500,000, due 5/15/08, yielding 3.05 %)
• Federal National Mortgage Association Note (par amount $500,000, due 12/3/07,
yielding 2.5 %)
• Federal Home Loan Bank Note Stepped Coupon (par amount $500,000, due
12/19/08, yielding 2.25 %)
Security Calls. Maturities or Sales
During the quarter, the following securities were called:
• Federal Home Loan Banks Debenture (par amount $500,000, due 7/28/06,
yielding 3.09 %) was called on 4/28/03. The proceeds from the call were placed in
the brokerage money market account, and used to purchase a Federal Farm Credit
Banks Debenture yielding 3% in May.
• Federal National Mortgage Association Note (par amount $500,000, due 2/7/08,
yielding 4.0 %) was called on 5/7/03. The proceeds from the call were placed in
the brokerage money market account, and used to purchase a Federal Home Loan
Mortgage Corporation Medium Term Note yielding 3.05 %.
8
• Federal Home Loan Banks Debenture (par amount $500,000, due 8/19/05,
yielding 2.56 %) was called on 5/19/03. The proceeds from the call were placed in
the brokerage money market account, and used to purchase a Federal National
Mortgage Association Note yielding 2.5 %.
• Federal Home Loan Banks Debenture (par amount $500,000, due 2/20/07,
yielding 3.44 %) was called on 5/20/03. The proceeds from the call were placed in
the brokerage money market account, and used to purchase a Federal Home Loan
Bank Note Stepped Coupon yielding 2.25 %.
Total Investment Earnings to Date
As of the end of the quarter, total investment earnings in the General Fund were
$404,260, or 93% of budget.
Asset Allocation
As of June 30, 2003, the City's investment portfolio totaled $32,829,754, with the
following asset allocation:
2,500,000
26,808,885
0 Federal Home Loan Mtg Corp ■ SBA
13 Federal Home Loan Bank 0 Federal National Mtg Note
■ US Treasury Notes R Money Market
■ Federal Farm Credit Notes
9
State Investment Pool (SBA)
The third quarter balances with the SBA remained relatively stable, with the only activity
other than interest earnings being cash outflow for operating purposes and the purchase of
$1 million of securities. On June 30, 2003, the amount invested at the State Investment
Pool (SBA) totaled $26,808,885, a reduction of $7,552,548 from the prior quarter.
Policy Guidelines
The SBA yield decreased slightly from 1.47% at the beginning of the quarter to 1.46% at
the end of the quarter. The total weighted average yield for the entire portfolio as of the
end of the quarter was 1.80 %, which was .71 % above the one -year Treasury Bill rate as
of June 30, 2003. The percentage of the portfolio maturing within one year was 81.66 %,
well above the minimum investment policy guideline of 40 %. The percentage of the
portfolio maturing beyond five years was 1.52 %, which is well within the 20% maximum
outlined in the investment policy. The percentage of the portfolio invested in commercial
paper remained at zero. Obviously, this percentage is also well within the guideline of
the maximum of 60% for the investment in commercial paper.
Investment Environment
Short-term interest rates continued to decline, with the one -year Treasury bill at 1.09 %,
down from the previous two quarters, 1.19% and 1.32% respectively. Longer -term rates
also declined for the quarter, with the 20 -year Treasury yield at 4.52% as compared to
4.84% from the end of the previous quarter. The post -war pickup in the economy
appears to have fallen short of expectations. Financial conditions are very supportive of
growth; however, downtrends in jobs and manufacturing have been disappointing.
Forecasters predict that economic growth is likely to be moderate in the second half of
the year. With the reduction of the Fed funds rate on June 25`h to 1 percent, a 45 -year
low, Greenspan hopes the economy will pick up momentum in the second half of this
year as low interest rates and President Bush's tax cuts take hold.
Market Values
As of the end of the quarter, the total market value of the various federal agencies and
securities was $6,114,934, compared to the original purchase price of $6,000,000. The
SBA market value is the same as its par value, since that portfolio does not fluctuate with
the change in interest rates. (During a period of falling interest rates, the market value of
a fixed rate security increases. Likewise, values decrease when interest rates rise).
10
RISK MANAGEMENT REPORT
Risk Management continued the defensive driving series, and held several training
programs during the quarter, including a presentation by Biomotion, Inc on
"Ergonomics," the study of how we interact with the tools that we are given to do the job
with. The focus was for all employees, those who work out in the field with tools, as
well as those who work in an office environment. The Safety Council held a Traffic
Safety luncheon during the quarter, which recognized many of our police officers. In
addition, our Risk Manager continues to be active with RIMS.
As of the quarter ended June 30, 2003, we continued to show positive trends in our loss
history. Fiscal year to date, the City's medical treatment costs were $91,086 compared to
$1 19,793 for the same period last year. The costs of auto repair also declined, from last
year's amount of $19,604 to $12,703 this year. The comparison of year to date losses is
illustrated in the following chart:
Auto Accident and Medical Treatment Payments
Year To Date 6/30/02 vs. 6/30/03
$140,000
$120,000
$100,000
$80,000 ■ Auto Accident Costs
$60,000 O Medical Treatment Costs
$40,000
$20,000
2002 2003
Of significance, the City's workers' compensation experience modification rating
declined from 1.14 to 1.0 1, which is an 11 % decrease from last year. This rating is based
on the city's losses the last three years. The decrease in our rating should somewhat hold
the line on our total workers compensation costs as we anticipate an increase in our
premium.
11
CAPITAL IMPROVEMENT PROJECTS
UPDATE REPORT AS OF JULY 3, 2003
A. CONSTRUCTION PHASE PROJECTS
Project
Title
Brief Descr> ptlon/ � Budget Estimate/
No.
Status > Account Codes
5' e O
Burns Road Widening
Reconstruction
ANTICIPATED COMPLETION DATE: December 2003
Project Mgr.: T. Engle
Burns road will be widened from two -lanes to four -lanes in $11,864,83
Other Funding Sources:
two phases: from Military Trail to Riverside Drive (WEST) 026- 0900 - 519.3150 (PS - Other)
2002 -001
PBC Incentive Grant
and from east of Gardens East Road to Prosperity Farms 026- 0900 - 519.3160 (PS - Legal)
$1,341,000
Road (EAST). This project is required by the CRALLS 026- 0900 - 519.3170 (PS - Eng)
FDOT $3,885,000
designation for PGA Blvd. issued by Palm Beach County. 026- 0900 - 519.6300 (LI)
Seacoast $335,670
WEST: The project reached substantial completion on May 9, 2003 with final acceptance on June 20th, with the exception of
landscaping, which occurred on June 23rd. All punch list items are complete, however, the contractor will be monitoring the loop
detector at the new traffic signal exiting BRCRC. LBFH is currently determining final quantities for all contract items.
EAST: The project reached substantial completion on May 16, 2003 and is pending final acceptance until after punch list items
are complete as well as thermoplastic striping, which is scheduled for installation on Thursday, July 10th. A completion
ceremony is scheduled for July 17th at 9:30 a.m. for employees and 10:30 am for dignitaries.
Street Lighting: The City Council awarded a piggyback contract to Global Electric in the amount of $91,000 on June 5th to
install conduit and pull boxes from Military Trail to Prosperity Farms Road. Installation has begun and will continue for
approximately four weeks. After Global Electric has completed the installation, FPL will begin their installation of the light
fixtures. Staff is reviewing FPL Street lighting agreements to finalize the installation process. Sidewalk panels will need to be
removed and replaced on the EAST portion along the south side of the road to install the light fixture loops.
Weiss Parking Lot — In compliance with the settlement agreement, a contract was approved for Ranger Construction on June
5th for approximately $66k to construct a new parking lot for the Weiss School. Construction is anticipated to begin on July 25,
2003. Staff is currently obtaining pricing for landscaping. Global Electric will supply lighting in the amount of $17k, which was
approved with the decorative lighting conduit installation proposal on June 5t h .
Sienna Oaks— A piggyback contract award to Dunworth Construction in the amount of $110k was approved on July 3ro for
UPDATE
hardscape improvements, which include stamped concrete, sidewalk, curbing, and medians. A maintenance agreement with
Sienna Oaks is anticipated for approval at the July 17 Council meeting, Construction is anticipated to begin in late July 2003.
Staff is collecting quotes for landscaping, irrigation and lighting. The B &E Committee will be reviewing the landscaping plans at
their August 5th meeting.
Surmatech Property — D.S. Eakins, Inc. and Dunworth Construction have been hired to complete the driveway apron for
approximately $14k. Construction is anticipated to begin on July 10th.
Frank Shambarger Property— A settlement of $98,454 was awarded to Frank/Shambarger in May 2003 for damages claimed
which included land and improvements, severance damages, all other special damages, prejudgment interest, etc.
Outfall Renovations (BRCRC) — A piggyback contract to DS Eakins in the amount of $120,520.20 was awarded at the June 5th
Council meeting. The pipe is scheduled to be slip -lined from Burns Road to the Thompson River Canal, Construction is
schedule to begin on July 9, 2003.
Vision One — A settlement agreement in the amount of $7k for landscaping and $5k for an easement is scheduled for approval
at the August 7th Council meeting.
Town Oaks — Town Oaks was advised to obtain estimates on rebuilding and replacing the barrier wall from the entrance to the
west property line due to Burns Road widening impacts. A meeting is scheduled for July 8th with the residents to discuss
settlement options.
Sandalwood — A tentative offer was made to Sandalwood `to examine landscaping options for their frontage, which will allow for
a consistent appearance along Burns Road. Sandalwood gill contact a landscaping `architect to review options.
ANTICIPATED COMPLETION DATE: January 2004
This project includes development of a master site plan
Burns Road Community
Recreation Campus (BRCRC)
incorporating new landscaping, a water feature,
$904,724
2002 -003
Project Mgr.: T. Engle
reconstruction of the Westminster daycare facility,
01- 2080 - 519.6300 (Land /Imp)
Other Funding Sources:
informational signs, public restrooms, three bocce courts,
FRDAP $112,500
six horseshoe pits, five shuffleboard courts, picnic
facilities and reconstruction of the jogging trail.
A contract with Coral -Tech, Inc. was awarded by City Council on June 19th. The city is awaiting insurance requirements prior to
UPDATE
commencement. Construction is anticipated to begin on July 10th and will proceed for approximately 180 days. The existing
clay jogging trail has been modified to exclude the project limits. Attendees of the park have been notified of the construction
via informational signs at BRCRC.
12
13
ANTICIPATED COMPLETION DATE: November 2003
This project includes the construction of a baseball facility
Lilac Street Athletic Facility
for use by the PBG High School and is being funded and
2002 -006
Project Mgr.: M. Kelly
constructed by the PBC School District for an amount not
N/A
Other Funding Source: PBCSB
to exceed $850,000. The School Board has also
$850,000
approved to provide up to $5,000 towards the
design /construction of moveable gates for the closure of
Lilac Street during school hours.
The low bidder for the project was Anderson Moore at $873,948. The second low bid was Catalfumo at $892,514. The project
manager is recommending to the School Board on Wednesday, July 16 to award a contract to Anderson Moore. Assuming the
School Board approves the recommendation, a pre - construction meeting will be held as early as July 17, but no later than early
UPDATE
the week of July 21. The construction notice to proceed date will be July 28 and with 100 days to substantial completion
(November 5) and 130 days to final completion (December 5). The actual construction schedule, work hours, progress meeting
schedule, etc, will be discussed at the pre- construction. Staff is developing an amendment to the original agreement with the
School Board to revise the area of construction due to the parking layout.
$1,704,500
COMPLETION DATE: October 2002
13- 1200 - 522.6300 (LI - Impact
2002 -007
Fire Station No. 3
Project Mgr.: S. Fetterman
This project includes construction of a new fire station on
Fees)
13- 1200 - 522.6400 (Equipment)
Northlake Blvd and Howell Lane.
01- 1200 - 522.6200/6210 (LI)
01- 1200 - 522.3150 PS - other
A settlement was reached for the correction of the intersection at Howell Lane and Northlake Blvd. A deduct change order was
UPDATE
approved in the amount of $2,500. The final payment will be released on July 11th. Apreconstruction will be held this week
between Wynn and Sons and LBFH to discuss a work schedule.
$1,529.000
Fire Station No. 5
ANTICIPATED COMPLETION DATE: September 2003
$1,250,000 (Fire UI)
This project includes construction of a new fire station to
2002 -009
Project Mgr.: S. Fetterman
001 - 1200 - 522.6200
Other Funding Source:
be located within Frenchman's Reserve. The target
$229,000 (Fire Impact)
WCI $100,000
completion date is August 2003.
013 - 1200 - 522.6300
$50,000 (Police Impact)
012 -1000- 521.6300
The project is 70 % complete. The interior drywall has been installed and is being finished. The roof is nearly complete and the
UPDATE
contractor expects to begin tile work next week. The contractor has begun to pour the concrete driveways and will finish the
,parking lot after the concrete work is finished. The project is on schedule for substantial com letion on September 29, 2003.
ANTICIPATED COMPLETION DATE: January 2004
This project includes modification of existing drainage
Stormwater System Retrofit -
systems in Plat 4 (Garden Woods) including construction
$592,723
Plat 4 (Phase II)
of the EPB -3D widening in Pine Tree Boulevard, partial
001 - 3040 - 541.6300 ( Stormwater
2002 -010
Project Mgr.: T. Engle
construction of System 2 (Hazel Avenue and Fir Street),
Imp)
Other Funding Source:
completion of System 3 (North Banyan Street), and South
FEMA $350,000
Banyan Street. The stormwater runoff from the site will be
routed via a system of inlets to the EPB -3 Canal, EPB -3C
Canal, and the EPB -3D Canal.
Outfalls have been installed along the EPB -3D Canal as well as the drainage pipe installation on South Banyan. Dunworth
UPDATE
Construction has completed the reconstruction of residential driveways along Banyan Street. Sod will be installed during the
week of July 7°1. Staff is currently discussing construction options for the next phase of construction, which will occur on South
Hazel Avenue in October 2003.
A/C System Modification -
ANTICIPATED COMPLETION DATE: August 2003
2002 -011
City Complex
This project includes a/c system enhancements (ducts, air
$131,000
Project Mgr.: M. Wilson
vanes, static balance) and installation of computer
01- 3030 - 539.6350 (Other Imp)
systems hardware and software controls on site.
UPDATE
a contractor has installed the frequency drives at City Hall and is currently installing controls for BRCRC, Fire Station No. 1
and the Police Department.
Municipal Complex
Art Work
ANTICIPATED COMPLETION DATE: July 2003
$225,000
2002 -013
Project Mgr.: M. Wilson/
This project includes the purchase of outdoor and indoor
17 -1400- 515.6300 (Land /Imp. Art
A. Stepper
artwork for the Municipal Complex.
Impact)
1. OUTDOOR ART: The sculpture is substantially complete and the grand unveiling ceremony was held on July 2 "q. The
contractor will complete the remaining installation of glass (4" on top of the existing) on July 16 -17. Public Works will be
UPDATE
obtaining caps to conceal the bolts located on the bases of the sculpture as well as installing lighting rods. The Art Advisory
Committee met on July 2nd and decided to continue with the design of a lighting system for the piece,. with David Porter
—developing
the plan and Public Works performing the installation.
13
14
ANTICIPATED COMPLETION DATE: July 2003
This project includes the restoration of primary canals
located in the SE quadrant of the City as mentioned in the
$772,334
Stormwater Improvements —
Stormwater Management Plan (excluding Plat 4).
001 - 3040 - 541.6300 (Stormwater
2002 -014
Canal Restoration
Active Projects:
Imp)
Project Mgr.: D. Reyes
1) Thompson River Canal (Lighthouse to Holly)
Funding Yrs: 01/02 & 02/03
2) Thompson River Canal (1 -95 to Military Trail)
Secondary Canal Additions:
1 Bellewood (Honeysuckle Ave to Earman Canal
1) Thompson River Canal — Holly Drive to Lighthouse: All work has been completed.
2) Thompson River Canal -1 -95 to Military: The contractor is grading the maintenance platforms on the south side and has
UPDATE
relocated fill to the Bellewood Canal. Grading will begin on the north side the week of July 14th
3) Bellewood — The contractor was delayed due to utility conflicts but has now resumed construction along the south end of the
canal. The installation of sod is complete. The contractor will return to the complete the area where FPL has yet to address.
Mirasol Community Park
COMPLETION DATE: April 2003
2002
Project Mgr.: M. Kelly
Other Funding Sources:
This project includes the installation of basketball courts, a
$3,126.324
-016
Taylor Woodrow Comm. at
baseball field, two volleyball courts, multi - purpose fields,
Funded by T. Woodrow
Mirasol, Ltd.
landscaping, clay walkway, concession stand, recreation
Communities (TWC)
$3,126,324
building and picnic areas.
Punch list items are still being addressed'. An additional potable water meter will be installed by Seacoast for approximately
UPDATE
$500, which will serve the landscaped areas surrounding the buildings and recreation facilities. Drainage issues on the multi-
,purpose field are still beinq addressed with Taylor Woodrow and Mock Roos. A final acre tance is anticipated for July 215`.
ANTICIPATED COMPLETION DATE: September 2004
The Florida Dept. of Transportation will be constructing
the PGA overpass over Alternate Al and the FEC
$6.126.000
PGA Flyover Beautification
railroad tracks to alleviate traffic congestion along the
City Portion Prepaid $3,148,000
2002
Project Mgr.: A. Wong
PGA Corridor. The Flyover will reach a maximum height
-018
Other Funding Sources:
of 36' and return to grade by Lake Victoria Drive. There
025 -0900- 519.3150 (P /S — Other)
FDOT $2,978,000
will be four eastbound lanes and three westbound lanes
025 - 0900 - 5190 -6200 (Land /Imp)
with landscaped medians. The City entered into Joint
Funding Agreement with FDOT for beautification
amenities for the project on 1/4/01.
The City, Ed Oliver, the City's consultant, and a PGA Corridor Association representative met with the contractor, RS &H and
UPDATE
Delta Consulting to review color samples for the walls and planters on June 11 th. Since the color for the coping was not agreed
upon on site, an alternate color was chosen and additional 'samples will be presented. Delta has confirmed that the mast arms
will be repainted to match the mast arms to the north alon A1A as well as to the east on PGA Blvd.
ANTICIPATED COMPLETION DATE: July 2003
$31,300
2002 -021
Art Wall System
This project includes the installation of an artwork display
017 - 1400 - 515.6300 (Land /Imp. Art
Project Mgr.: M. Wilson
system in the City Hall lobby comprising of beige fabric
Impact)
covering, cherry wood trim, and light fixtures.
The Art Advisory Committee agreed to proceed with the approval of a change order in the amount of $2,038.34 to install
UPDATE
additional wood trim to conceal cut edges of the fabric. The contractor' and the City shared the additional expenses equally.
Construction is anticipated to begin within two weeks.
ANTICIPATED COMPLETION DATE: August 2003
This project includes the installation of fiber optic cable
2002 -024
Voice /Data Cabling System
and copper /voice cable from the Municipal Complex to
$30,000
Project Mgr.: E. Holdt
Burns Road Community Recreation Campus, which will
001 - 0220 - 512.6400
allow BRCRC to access data files and join the City Hall
phone network.
UPDATE
DS Eakins will be installing conduit from Burns Road to approximately 700 ft. south with two additional 2" spare sleeves for
future use. Work is anticipated to begin on July 9th
ANTICIPATED COMPLETION DATE: July 2003
This project includes pavement resurfacing, milling and
2002 -025
Roadway Improvements
swale restoration of several roadways throughout the City.
$838,959
Project Mgr.: D. Reyes
In addition, this project includes the installation of
016 - 3000 - 539.5265
sidewalks according to the sidewalk linkage plan,
sidewalk rehabilitation, and driveway repairs.
UPDATE
Punch list items remain to be completed. The contractor has one roadway, Dania Drive, left that will be completed along with
the Weiss parking lot construction in approximately three weeks.
14
15
Inlet and Stormwater Pipe
ANTICIPATED COMPLETION DATE: August 2003
2003 -003
Cleaning
This project includes inlet and stormwater pipe cleaning to
$100,000
Project Mgr.: M. Morrow
address the various silt and debris issues located within
01- 3040 - 541.6350 (UI)
the system.
UPDATE
The contractor is currently videotaping drainpipes.
Golf Course Renovations
ANTICIPATED COMPLETION DATE: September 2003
2003 -004
project Mgr.: D. Reidy
This project includes renovation of 50% of the tee boxes
$55,000
and renovation of an on -site gas tank.
UPDATE
Three out of eight tees have been reshaped to date.
ANTICIPATED COMPLETION DATE: 2010
Contamination and
This project includes the installation and monitoring of a
$ 574,701 (Ardaman Only)
2003 -006
Remediation Project
soil and groundwater remediation system that is intended
01- 2080 - 519.3150 (Prof Svices-
Project Manager: T. Engle
to clean up a contamination source located in the vicinity
Parks)
of Gardens Park.
ON-
Ardaman & Associates is continuing operation and maintenance as well as the reporting requirements associated with the air
GOING
stripper tower. Legal negotiations are also ongoing.
15
B. DESIGN PHASE PROJECTS
16
Brref s riptrDn
, Budget Est[mate /0 u
•,.wO
4
ttwir7-
t Vde�
F
4
V
ANTICIPATED COMPLETION DATE: June 2004
This project includes the development of an active park to
City Park
be located on approximately 33 acres of city-owned land
Project Mgr.: C. Presensky
originally designated as part of the District Park.
400 000
2003 -008
Other Funding Sources:
Elements include a playground, support facilities, picnic
03- 2000- 572.3150 (Prof Svices)
FRDAP $200,000
areas, exercise trails, hiking trails, bike trails, basketball
courts, handball courts, parking, security lighting,
landscaping, and restrooms. FRDAP's required
,completion date is 11/30/05.
UPDATE
Staff is currently revising the City's design /build bidding process. A RFP package is anticipated for release on July 27,
2003.
PGA Blvd. Boat Ramp
ANTICIPATED COMPLETION DATE: October 2004
FPL agreed to dedicate a park parcel to the City on the
(aka/Sand Hill Crane
$20,000
2002 -017
Access Park)
western portion of the FPL Ryder substation site, which
003 - 2000 - 572.6300
Project Mgr.: J. Doughney
abuts a SFWMD right -of -way containing an existing boat
(Conceptual design only)
access area.
UPDATE
The LWCF grant application has been rescinded due to low eligibility requirements. Staff will be reapplying for a
FRDAP grant. Develo ment fundinq is allocated in fiscal year 03/04.
Bus Shelters
ANTICIPATED COMPLETION DATE: December 2003
This project includes the installation of bus shelters at
Project Mgr.: D. Reyes
$26,300 (Gas Tax)
2002 -019
Other Funding Sources:
approximately eight locations throughout the City. FDOT
FDOT $28,000
will be funding one of the shelters to be located at the
016- 3000 - 539.5265
PBC /Palm Tran $15,000
intersection of PGA Blvd. and US1.
A transit funding agreement with Palm Beach County for $15,000 is scheduled for approval at the July 17 "' Council
meeting. The City has six months after execution of the Interlocal agreement to construct two shelters, one on Military
UPDATE
Trail at the BRCRC /Lakeside Building and the second'on PGA Blvd. at PBCC. Staff is continuing to negotiate an
agreement with PBCC for funding of the proposed bus shelter to be located at their entrance off PGA Blvd. A design/
build RFP for the construction shelters is currently being developed, which is antici ated for release on July 27"'.
MacArthur Blvd.
ANTICIPATED COMPLETION DATE: December 2003
$25,000
This project includes a traffic study and roadway
2002 -020
Beautification
001 - 1450 - 541.3150 (GF — Eng)
Project Mgr.: D. Clark
improvements with traffic- calming features and
landscaping.
UPDATE
Staff is currently working with LBFH to redesign the proposed plans to accommodate the new ingress /egress of the
Howell Watkins Middle School.
ANTICIPATED COMPLETION DATE: TBD
Kyoto Gardens Drive
This project includes the design and construction of a
(Design Only)
2002 -023
Project Mgr.: D. Clark
railroad crossing at Kyoto Gardens Drive and the FEC
019 - 0900 - 541.6300
019 -090
tracks just west of A1A, which includes a proposed traffic
light at the Kyoto /A1A intersection.
UPDATE
FEC is reviewing an agreement regarding the railroad intersection.
ANTICIPATED COMPLETION DATE: November 2003
This project includes construction of a restroom facility
Lake Catherine Park
$85,500
2003 -001
Pavilion /Restrooms
and group pavilion at Lake Catherine Park at the south
03- 2000 - 572.6300 (Recreation
Project Mgr.: M. Kelly
end of the park, towards the eastern property line,
Impact)
between the outfields of fields 3 and 4.
Staff is currently developing a design /build RFP, which is anticipated for release on July 27'". The overall architecture
UPDATE
will resemble the City's Tennis Center.
16
17
BRCC Restroom
ANTICIPATED COMPLETION DATE: August 2003
This project includes renovation of the existing restrooms,
2003 -002
Renovations
$25,000
Project Mgr.: M. Wilson
which includes installation of new sinks, toilets,
01- 2040 - 572.6400
countertops, tile and painting.
UPDATE
The Public Works division will be installing new partitions, counter tops, and fixtures on August 201".
PGA Blvd/Turnpike Turn
ANTICIPATED COMPLETION DATE: TBD
$9,000
2003 -005
Lane Modifications
This project includes modifications of the existing lane
01 -3000- 539.3150 (Prof Svices-
Project Manager: T. Engle
striping approaching the Florida Turnpike to improve
PW Admin)
traffic conditions.
UPDATE
LBFH submitted conceptual plans to the City, which have been forwarded to FDOT for review and approval.
Stormwater System
ANTICIPATED COMPLETION DATE: December 2006
$5,000,000 (Funding not
2003 -007
Improvements — Canal
available
001 - 3040 - 541.6300
This project includes the restoration of primary canals
Restoration - Phase 11
located in the SE quadrant of the City as mentioned in
( Stormwater Imp)
Project Manager: T. Engle
the Stormwater Management Plan.
A public workshop was held on July 1, 2003 to inform residents of the upcoming project taking place along the
Thompson River Canal from Military Trait south to Seagrape and Military Trail to Hickory S. of PGA Blvd. Construction
is anticipated to begin in November 2003. Staff is awaiting a proposal from LBFH for surveying services. The
UPDATE
Finance Department is in the process of hiring bond counsel to assist in purchasing a 5 million dollar bond to fund the
projects. Funds will not be available until sometime after October 2003. Staff will be developing a RFP package to
hire several annual contractors to complete all projects within a three -year period, which is anticipated for release in
September 2003.
17
C. PLANNING PHASE PROJECTS
The Master Plan developed by PBC includes construction of a
50,000 s.f. community center, water park, multi - purpose field
with lights, parks equipment and storage facility, amphitheatre
2002 -005 District Park with restrooms, court complex (volleyball, racquetball,
Project Mgr.: C. Presensky basketball, roller hockey rinks, shade structure, and restroom
facility), group picnic area, family picnic area, and upland
nature trails. Estimated construction costs are $19,998,500
which is tentatively scheduled to be included in a bond
referendum in March 2003.
At the meeting with Commissioner Karen Marcus on May 7"', options were discussed of how to proceed with the
construction of the park since the City did not complete the final design by the AprH 2003 deadline. The County is
considering canceling the land lease and developing the park. If so, the City would be able to participate in the design of
UPDATE the park and fund any elements desired by the community. In May, the Recreation Advisory Committee (RAB) ranked the
District Park #9 on their list of capital improvement priority improvements. The RAB then continued to assign funding of
recreation impact fees to the priority list and recommended to allocate funding to the city-owned property only and no
fundinq for the ioint property. A letter will be sent to the Countv with the Citv's`proposal for the park site.
Riverside Playground ANTICIPATED COMPLETION DATE: December 2003
Project Mgr.: C. Presensky 30 000
2003 -009 Other Funding Sources: This project includes the purchase of a replacement 014 - 1000 - 575.6400
Frenchmans' Reserve playground set for the Riverside Community Center.
UPDATE A planning session will be held in August with local children to assist in the design of the playground set. Installation is
anticipated for December 2003.
18
The timetable below contains estimated dates that are used internally for planning purposes only.
ID 1Project No. task Name
100% �sign
I
1
2002 -001
Burns Road Widening
22%
Reconstruction
2 J
r Construction
Planning Phase
3
j
Design Phase
4
Design Phase
Construction Phase - EAST
i-
5
Construction Phase - WEST
6
Sub Construction Elements
7
2002 -003
Burns Road Community
Recreation Campus
8
Planning Phase
9
Design Phase
0
Construction Phase
11 12003-008
City Park- Phase 1
12
Design Phase
13
Construction Phase
14 2002 -006
Lilac Street Athletic Facility
15
Planning Phase
16
Design Phase
17
Construction Phase
18 2002 -009
Fire Station No. 5
19
Planning Phase
20
Design Phase
21
Construction Phase
22
2002 -010
Stormwater System Retrofit -
Plat 4
23
Planning Phase
24
EPB -3D Canal Widening
25
Design Phase
26
Construction Phase
27
North Banyan Street
28
Design Phase
29
Construction Phase
30
S. Banyan Street
31
Design Phase
32
Construction Phase
33
Hazel Ave.
34
Design Phase
35
Construction Phase
6
2002 -011
A/C System Modification - City
Complex
37
Planning Phase
38
Design Phase
39
Construction Phase
40 2002 -013.1
Art Work - Outdoor
41
Planning Phase
42
Design Phase
43
Construction Phase
44
2002 -014
Stormwater Improvements -
�
Canal Restoration
45
Planning Phase
,_ t
46
Design Phase
—a
47
Construction Phase
200_3 - --
Complet- J_, F M A M J! _J_; A� O N D
98%
100%
100%
100% pr Construction Phase
100% fw-, - -wo*m Construction Phase
75% Sub Construction Phase
71%
100%
100% �sign
Phase
0%
Construction Phase
9%
22%
Design Phase
0%
r Construction
54% _.
100%
90%
Design Phase
0%
Construction Phase
80%
100% 1
100% psign Phase
71% IN Construction Phase
90%
100%
100%
100% Design Phase
100% +fir Construction Phase
100%
100% sign Phase
100% a' Construction Phase
91%
100% - i9a 11ir
85% *wwm -j Construction Phase
53%
100% Design Phase
0% 0 Construction Phase
84 % _
100%
100% Design Phase
44 % Construction Phase
98%
100%
100% Design Phase
93% '�, ] Construction Phase
100%
100% ;ign Phase
79% 0mvmPmW= Construction Phase
19
The timetable below contains estimated dates that are used internally for planning purposes only.
ID I Project No. Task Name
%
--
-
Complete
-
JOOF M, A M' -' - -J A j S O N D J0� M A M J J A
S O N
48 2002 -016
MirasolCommunityPark
100%
-" —"
49
Planning Phase
100%
I 50 1
Design Phase
100%
51
Construction Phase
100%
1 -. Construction Phase
52 2002 -017
PGA Blvd. Boat Ramp
85%
I 53 j
Planning Phase
100%
Planning Phase
54
Design Phase
35%
Design Phase
55 j
Construction Phase
0%
Cc
56 2002 -018
PGA Flyover
87%
57
Planning Phase
100%
58
Design Phase
100%
I 59
Construction Phase
55%
Consl
60 1 2002 -019
Bus Shelter
81%
61
Planning Phase
100%
62
Design Phase
84%
Design Phase
63
Construction Phase
0%
Construction Phase
64 1 2002 -021
Art Wall System
96%
65
Planning Phase
100%
-
66
Design Phase
100%
Design Phase
67 j
Construction Phase
80%
D Construction Phase
I68 2002 -023
Kyoto Gardens Drive
41%
69
Planning Phase
100%
Ihase
70
Design Phase
100%
— Design Phase- -�
71
Construction Phase
0%
Cons
72 1 2002 -024
Voice /Data Cabling System
90 °/.
"------- '---------
73
Planning Phase
100%
74
Design Phase
100%
design Phase
75
Construction Phase
78%
"`s4F --� Construction Phase
76 1 2002 -025
Roadway Improvements
95%
—'—" —"
I 77
Planning Phase
100%
78 j
Design Phase
100%
! Phase
79
Construction Phase
92 %k'
"% Construction Phase
I 80 j 2003 -001
Lake Catherine
57°/.
Restrooms/Pavilion
81
Planning Phase
100%
Planning Phase
82
Design Phase
41%
Design Phase
I 83
Construction Phase
0%
Construction Phase
847-
4 2003 -002
BRCC Restroom Renovations
83%
I - 85
Planning Phase
100%
Planning Phase
86
Design Phase
56%
Design Phase
87
Construction Phase
0%
Construction Phase
88 12003 -003
Inlet & Stormwater Pipe
81%
I I
Cleaning
89
Planning Phase
100%
' Planning Phase
�90
Design Phase
100 %esign
Phase
1
Construction Phase
37%
1IIA1� Construction Phase
92 ' 2003 -004
Golf Course Renovations
79%
93
Planning Phase
100%
ping Phase
94
Design Phase
100%
sign Phase
95
Construction Phase
74%
tl"= Construction Phase
20
' The timetable below contains estimated dates that are used internally for planning purposes only.
ID Project No.;
Task Name
%
-
-
Complete
2003
- 2004
J FiMiAiMiJIJfA�SJO N D J F M A M J(J�A S OWN D'
96 ! 2003 -005
-- --
PGA Blvdfrurnpike Turn Lane
92%
Modifications
97
I
Planning Phase
100%
Nanning Phase
98
Design Phase
100%
se
99
Construction Phase
0%
Construction Phase
I 100 2003 -006
Contamination & Remediation
24%
Project
101
Construction Phase
24%
102 2003 -007
Stormwater System Imp. -
1 %
I
Canal Restoration/Phase II
103
Design Phase
8%
Design Phase
J
104
Construction Phase
0%
105 2003 -008
Riverside Playground
24%
106
Planning Phase
71%
Planning Phase
107
Design Phase
0%
Design Phase
108
I
Construction Phase
0%
Construction Phase
21
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris, City Manager DATE: July 17, 2003
Allan Owens, Finance Administrator
Mary Anderson, Finance Manager
FROM: Stacy A. Rundle, Grants /Contracts Administrator
SUBJECT: Grant Status Re
Listed below, by department, are the various City projects funded in part or in whole by
grants along with a status report on the project to date:
PARKS & RECREATION
Project: Westminster Park
Grant Source: FRDAP (FY2000 -2001) - Development
Grant Amount. $112,500.00
City Match: $37,500.00
Grant Deadline: August 31, 2003
Status: A contract for the construction of the primary and support facilities
was awarded to Coral -Tech on June 19, 2003. The primary
facilities, which are five (5) shuffle board courts, three (3) bocce
courts, six (6) horseshoe pits, and five (5) picnic facilities, are
expected to be complete by the grant deadline of August 31,
2003.
Project:
District Park
Grant Source:
FRDAP - Development
Grant Amount:
$200,000.00
City Match:
$200,000.00
Grant Deadline:
November 30, 2005
Status:
Staff is currently preparing the precommencement documentation
for this project.
Project:
Military Trail Median Beautification — 1 -95 north to the EPB -3 canal
Grant Source:
Keep Palm Beach County Beautiful — BCC Funds
Grant Amount.
$66,679
City Match:
$66,679
Grant Deadline:
TBD
Status:
This project was recommended for funding by the Grant
Committee. The County Commission must ratify the Committee's
recommendation before funding is officially awarded. That is
anticipated to happen prior to September 30, 2003.
Project: Military Trail Median Beautification — PGA Boulevard south to the city limit
Grant Source: Keep Palm Beach County Beautiful — MPO Funds
Grant Amount: $89,046.50
City Match: $89,046.50
22
Grant Deadline: TBD
Status: This project was recommended for funding by the Grant
Committee pending redesign in response to FDOT's Landscape
Architect's comments. The City's contractual landscape architect
is in the process of revising the plans.
FIRE DEPARTMENT
Project: Grant Resource Teacher
Grant Source: Florida Department of Health
Grant Amount: $22,500.00
City Match: $7,500.00
Grant Deadline: July 31, 2003
Status: COMPLETE. This project was completed as of May 20, 2003.
Final financial and progress reports were submitted as required on
July 14, 2003.
Project: Fire Operations and Firefighter Safety Program
Grant Source: FEMA — Fire Act Grant FY 2002
Grant Amount: $53,559.00
City Match: $5,951.00
Grant Deadline: January 14, 2004
Status: This project is on- going. To date, staff has drawn down
approximately $25,000 for the purchase of fitness equipment and
operational tools and equipment which will be placed in fire rescue
vehicles.
POLICE DEPARTMENT
Project: Aggressive Driving Project — Year 2
Grant Source: FDOT Highway Safety Funds FY 2002/03
Grant Amount. $41,584
City Match: $13,860
Grant Deadline: September 30, 2003
Status: This project is currently underway. To date, the City has
requested reimbursements totaling approximately $21,000. An
application for funding for year three was submitted in February of
this year. Notification of award is expected this month.
Project: Various equipment purchases
Grant Source: Local Law Enforcement Block Grant (LLEBG)
Year: 2001 2002
Grant Amount: $28,721.00 $26,415.00
City Match: $3,191.00 $2,935.00
Grant Deadline: 11/30/02 10/15/03
Status: The FY 1999 and FY 2000 grants have been closed out and all
funds allocated were spent. Funds from the 2001 grant and 2002
grant will be used to buy computer and electronics equipment.
Applications for FY 2003 funding will be available sometime this
summer via the DOJ.
23
Project. Police Communications Equipment
Grant Source: Palm Beach County E911 Funds
Year: 2004
Grant Amount: $163,575
City Match: N/A
Grant Deadline: N/A
Status: The Police Department participates in the County's 911 Grant
Program. Each year, a list of items, including a percentage of call -
taker salaries, is presented to 911 Management for inclusion in
the program. These funds allow for the purchase of
communications - related equipment and materials, maintenance of
same, and a percentage of call -taker salaries. Funds are provided
on a reimbursement basis.
Project:
Bulletproof Vest Program
I Grant Source:
US Department of Justice
Year.
2003
Grant Amount.
$29,957.58
City Match:
$29,957.58
Grant Deadline:
September 30, 2007
Status:
This application was submitted on May 2, 2003 and approved for
I
the full amount requested, $29,957.58. The funds may be used to
purchase ballistic and stab vest for law enforcement officers.
ENGINEERING &
PUBLIC WORKS
Project:
Stormwater System Retrofit
I Grant Source:
FEMA/DCA, Bureau of Recovery & Mitigation
Grant Amount:
$350,000.00
City Match:
$242,723.00
I Grant Deadline:
July 13, 2004
Status:
This project is currently 90% complete.
Project:
Burns Road
Grant Source:
County Incentive Grant County Impact Fees
Grant Amount.
$3,885,000.00 $1,341,000.00
City Match:
$5,875,000.00
Grant Deadline:
2004 2005
Status:
COMPLETE. A grand reopening and dedication of Burns Road
was held on July 17, 2003 to celebrate completion of this project.
I
Staff will be submitting final reimbursement requests to FDOT
over the next several months to collect the $1.6 million remaining
on the grant. The City received the $1,341,000 in County funds in
full earlier this year.
Project: Sign Graphics and Inventory Program
Grant Source: FDOT Highway Safety Funds FY 2002/03
Grant Amount: $39,675
City Match: $1,422
Grant Deadline: September 30, 2003
24
Status: Public Works staff is moving forward with purchases associated
with this grant.
Project: Bus Shelters
Grant Source: Palm Tran
Grant Amount: $7,500(2)
City Match: N/A
Grant Deadline: TBD
Status: The City was awarded grants in March of this year for two
proposed bus shelters. Construction is scheduled to be complete
within the year.
For fiscal year ended September 30, 2002, the City collected $2,134,540 in grant funds
for all projects combined.
Staff is currently preparing grant applications for the following:
Florida Recreation Development and Assistance Proaram
• Sand Hill Crane Access Park
• Lakeside Building at BRCRC
The following projects /applications have been submitted for consideration to the listed
funding sources:
Department
Project
Funding
Requested
Fiscal
Comments
Source /Program
Funding
Year
Amount
Aggressive
FDOT — Highway
Police
Driving Project —
Safety Funds
$66,707.00
2003/04
Year 3
Program
DUI
FDOT — Highway
Enforcement
Safety Funds
$15,000.00
2003/04
Project
Program
911
Communications
Palm Beach
$190,970
2003/04
Equipment
County PSAP
Emergency
Not
Mobile Incident
Management
Funded
Command
Competitive
$255,000
2003/04
Center
Grant Program
EMPA
Community
Municipal
Not
Notification
Competitive
$42,550
2003/04
Funded
System
Grant Program
Reverse 911
EMPA
Universal Hiring
US DOJ
$375,000
2003/04
Grant
25
26
Mass Casualty
FEMA - Fire Act
Not
Fire Rescue
Incident/Decon
Grant FY 2003
$33,580
2003/2004
Funded
Unit
Specialty
Transport
PBC EMS Grant
$39,000
2003/04
Vehicles
Grant
Thompson River
Program
Community
Canal Quality
HB 851 -Water
$285,000
2003/04
Not
Services
Improvements
Project Funding
Funded by
Phase 1
FL
Legislature
Grant
Lake Worth
Program
Baffle Box
Lagoon
$50,000
2003/04
Not
Structures
Partnership
Funded by
Grant
FL
Legislature
Earmin River
Grant
(MacArthur
Lake Worth
Program
Boulevard to
Partnership
$27,500
2003/04
Funded by
Thompson
Grant
FL
River)
Le islature
Grant
Allamanda
Lake Worth
Program
Spillway
Lagoon
Partnership
$40,000
2003/04
Not
Funded by
Operable Gate
Grant
FL
Legislature
Grant
Erosion Control
Lake Worth
Program
and Bank
Lagoon
$57,500
2003/04
Not
Stabilization
Partnership
Funded by
Project
Grant
FL
Legislature
Withdrawn
Sand Hill Crane
Land and Water
—
Access Park
Conservation
$200,000
2003/04
application
Fund (LWCF)
to be made
to FRDAP
26
City of Palm Beach Gardens
Balance Sheet
General Fund 001
June 2003
Assets
Cash and Investments
$ 19,749,474
Accounts Receivable
1,552,384
Settlement Fund
3,765
WCI Claims Fund
217,731
Total Assets
$ 21,523,354
Liabilities
Due to Other Governments
Escrow Activities
WCI Claims Fund
Compensated Absences
Other Liabilities
Employee Programs
Payroll Liabilities
Total Liabilities
Reserves
Reserve for Law Enforcement
Reserve for Encumbrances
Reserve for Prepaid Expenses
Reserve for Debt Service
Designated Projects
Unreserved Fund Balance
Total Reserves and Fund Balance
502,446
411,276
217,731
71,069
62,574
(5,628)
(8,985)
1,250,482
25,266
433,912
197,811
174,496
1,423,090
7,269,744
9,524,319
Total Liabilities and Reserves and Fund Balance 10,774,801
Revenue to Date 39,075,635
Expenditures to Date (28,327,082)
Total Liabilities $ 21,523,354
27
Revenues
Taxes
Franchise fees
Licenses and permits
Grants
Intergovernmental
Charges for services
Fines and forfeitures
Interest
Miscellaneous revenue
Transfer in
City of Palm Beach Gardens
Revenue and Expenditure Statement
General Fund 001
Year To Date Through June 30, 2003
Annual
$ 199,368 $
137,362 $
110,326
Budget
2002/2003
2001/2002
Percent
$ 27,263,516 $
26,664,271 $
23,415,962
97.80%
2,850,000
2,224,442
2,062,818
78.05%
2,700,000
3,103,597
2,675,577
114.95%
680,173
147,510
356,113
21.69%
4,175,000
3,135,632
3,107,597
75.10%
1,171,000
1,365,656
984,296
116.62%
310,000
239,798
186,542
77.35%
435,000
404,260
202,951
92.93%
1,880,000
1,571,212
436,512
83.58%
292,343
219,257
957,507
75.00%
Appropriated Fund Balance 5,970,244 - - 0.00%
Total Revenues $ 47,727,276 $ 39,075,635 $ 34,385,875 81.87%
Expenditures
City Council
$ 199,368 $
137,362 $
110,326
68.90%
Administration
2,047,098
1,088,038
1,326,606
53.15%
City Clerk
324,600
216,939
-
66.83%
Legal Services
386,908
248,740
-
64.29%
Human Resources
636,529
439,780
375,594
69.09%
Finance
724,485
498,674
381,483
68.83%
General Services
8,125,475
3,151,225
2,560,063
38.78%
Police
12,077,217
8,037,546
7,392,820
66.55%
Fire
11,354,975
7,341,003
6,798,973
64.65%
Growth Management
2,238,422
1,490,690
1,486,190
66.60%
Parks and Recreation
4,765,530
2,820,009
2,184,935
59.18%
Public Works
4,846,669
2,857,076
1,514,030
58.95%
Total Expenditures
$ 47,727,276 $
28,327,082 $
24,131,020
59.35%
Excess of Revenues over Expenditures - 10,748,553 10,254,855
28
GENERAL FUND ANALYSIS
GENERAL NOTE:
The financial reports are formatted for management's use and, as such, generally do not
include all the classifications, accruals and footnotes which would accompany fiscal year-
end reporting.
• Accounts Receivable ($1,552,384) — This amount consist of FP &L franchise fees
($486,000), Solid Waste franchise fees ($13,000), Half cent sales tax ($432,000),
EMS fees ($502,789), Communications Services tax ($61,000), and State
Revenue Sharing Proceeds ($57,595)
• Due To Other Governments ($502,446) — This amount consists of County impact
fees ($495,536), HRS -radon gas payable ($- 7,629), Amounts due to other funds
($14,259), and Sales tax payable ($280).
• Escrow Activity — ($411,276) — This amount consist of Engineering escrow
activity ($192,387) and other miscellaneous escrow activity ($218,889).
REVENUES
General Fund revenues for the period ending June 30, 2003 total $39,075,635. Excluding
fund balance carry - forward, total revenues represent 93% of estimated earnings. Total
revenues for the same period last fiscal year were $34,385,875 or 95% of estimated
earnings. Refer to the Transmittal Letter section of this report for an analysis of general
fund revenues through the third quarter.
EXPENDITURES
Total General Fund expenditures for the 9 months ending June 30, 2003 total
$28,327,082 or 59% of projected budget, compared to last year's total for the same
period of $24,131,020 or 67% of total budget. The percentage expended through June
2003 is down significantly from last year due to the inclusion of 4.1 million dollars
shown as reserves in the general services department, which has not been reflected in
prior years budgets. After allowing for reserves, general fund expenditures through June
2003 are 65% of operating budget, compared to 67% last year.
29
City of Palm Beach Gardens
Balance Sheet
Recreation Special Revenue Fund 014
June 2003
Assets
Cash and Investments 318,755
ITotal Assets $ 318,755
Liabilities
Other Liabilities $ -
Total Liabilities
Reserves
Fund Balance
Total Reserves
114,258
114,258
Total Liabilities and Reserves 114,258
Revenue to Date 1,032,346
Expenditures to Date (827,849)
Total Liabilities $ 318,755
30
City of Palm Beach Gardens
Revenue and Expenditure Statement
Recreation Special Revenue Fund 014
Year To Date Through June 30, 2003
Expenditures
General Programs
Annual
393,978 $
315,089
64.26%
Revenues
Budget
2002/2003
2001/2002
Percent
General Programs
$ 793,205 $
572,465 $
490,232
72.17%
Athletics
264,605
286,471
108,195
108.26%
Aquatics /Seniors
213,589
133,543
44,134
62.52%
Interest Income
I
4,000
1,867
3,010
46.68%
Special Interest
11,403
-
323,448
0.00%
Special Events
-
-
14,575
64.61%
I Sponsorship/Donations
-
38,000
Miscellaneous Revenue
20,571
Appropriated Fund Balance
5,853
-
-
0.00%
I Total Revenues
$ 1,281,252 $
1,032,346 $
1,004,165
80.57%
Expenditures
General Programs
$ 613,124 $
393,978 $
315,089
64.26%
Athletics
212,947
153,732
79,739
72.19%
Aquatics
202,660
99,301
38,755
49.00%
Special Interest
-
-
91,915
Special Events
-
-
31,471
Transfer to General Fund
241,118
180,838
130,204
75.00%
Reserve
11,403
-
-
0.00%
Total Expenditures
$ 1,281,252 $
827,849 $
687,173
64.61%
Excess of Revenues over Expenditures - 204,497 316,992
31
City of Palm Beach Gardens
Balance Sheet
Local Option Gas Tax Fund 016
June 2003
Assets
I Cash and Investments $ 968,827
Accounts Receivable 47,000
Total Assets $ 1,015,827
Liabilities
Accounts Payable $
Total Liabilities -
Reserves
Reserve for Encumbrances
Fund Balance
Total Reserves
1,248,251
1,248,251
Total Liabilities and Reserves
1,248,251
Revenue to Date
430,143
Expenditures to Date
(662,567)
Total Liabilities
$ 1,015,827
32
City of Palm Beach Gardens
Revenue and Expenditure Statement
Local Option Gas Tax Fund 016
Year To Date Through June 30, 2003
Expenditures
Electricity $ 150,000 $ 92,221 $ 92,750 61.48%
Road and Drainage Repairs 1,036,905 570,346 120,244 55.00%
Reserve 749,944 - - 0.00%
Total Expenditures $ 1,936,849 $ 662,567 $ 212,994 34.21%
Excess of Revenues over Expenditures - (232,424) 247,862
33
Annual
Revenues
Budget
2002/2003
2001/2002
Percent
Local Option Gas Tax
$ 600,000 $
422,434 $
450,708
70.41%
Interest
20,000
7,709
10,148
38.55%
Fund Balance
1,316,849
-
-
0.00%
Total Revenues
$ 1,936,849 $
430,143 $
460,856
22.21%
Expenditures
Electricity $ 150,000 $ 92,221 $ 92,750 61.48%
Road and Drainage Repairs 1,036,905 570,346 120,244 55.00%
Reserve 749,944 - - 0.00%
Total Expenditures $ 1,936,849 $ 662,567 $ 212,994 34.21%
Excess of Revenues over Expenditures - (232,424) 247,862
33
SPECIAL REVENUE FUNDS ANALYSIS
GENERAL NOTE:
The financial reports are formatted for management's use and, as such, generally do not
include all the classifications, accruals and footnotes which would accompany fiscal year-
end reporting.
• Gas Tax Special Revenue Fund — Accounts Receivable ($47,000) —This amount
consist of Local Option Gas Tax revenues due from the State of Florida.
REVENUES
• Recreation Special Revenue Fund ($1,032,346) — For the current fiscal year, the
Recreation Special Revenue Fund was reorganized to classify revenues into three
general categories: General Programs, Athletics and Aquatics /Senior activity.
Special Interest and Special Events activities were combined into General
Programs. Overall, revenues are at 81% for the period ending June 30, 2003.
• Gas Tax Special Revenue Fund ($430,143) — Local Option Gas Tax revenues
through the third quarter of the fiscal year are $422,434 or 70% of projected
budget. Revenues for the same period last fiscal year were reported at $450,708
or 75% of total budget. Interest earnings in the fund total $7,709 or 39% of
anticipated revenues as compared to $10,148 for last fiscal year.
EXPENDITURES
• Recreation Special Revenue Fund ($827,849) - Total expenditures in the
Recreation Special Revenue Fund are $827,849 and represent 65% of total
budget. As with the revenues, timing issues exist. Revenues are collected in
advance while expenditures generally lag 30 days after the completion of the
program. Thus, at any given month end, it would be expected that revenues would
exceed expenditures.
• Gas Tax Special Revenue Fund ($662,567) — Excluding amounts budgeted for
reserves, expenditures for the third quarter total $662,567 and represent 55% of
total budget. Budgeted road and drainage improvements did not begin until
February 2003 as reflected in third quarter activity.
34
i
City of Palm Beach Gardens
' Balance Sheet
Recreation Impact Fund 003
June 2003
Assets
Cash and Investments
4,152,633
'
Total Assets
$ 4,152,633
Liabilities
' Due to Other Funds
$
Total Liabilities
Reserves
Fund Balance
I
2,408,389
Total Reserves
2,408,389
I Total Liabilities and Reserves
2,408,389
Revenue to Date
2,076,236
Expenditures to Date
(331,992)
ITotal Liabilities
$ 4,152,633
35
City of Palm Beach Gardens
Revenue and Expenditure Statement
Recreation Impact Fund 003
Year To Date Through June 30, 2003
Expenditures
Professional Services
Annual
158,246 $
191 26.90%
Land and Improvements
Revenues
Budget
2002/2003
2001/2002
Percent
Grant Revenue - FRDAP
$ 215,000 $
15,000 $
3,722,904
6.98%
Interest
30,000
19,751
27,292
65.84%
Recreation Impact Fees
1,967,930
2,041,485
767,786
103.74%
I Appropriated Fund Balance
2,388,631
0.00%
Total Revenues
$ 4,601,561 $
2,076,236 $
795,078
45.12%
Expenditures
Professional Services
$ 588,207 $
158,246 $
191 26.90%
Land and Improvements
181,451
67,650
225,341 37.28%
Equipment
109,000
106,096
- 97.34%
Reserve
3,722,904
-
- 0.00%
Total Expenditures
$ 4,601,561 $
331,992 $
225,532 7.21%
Excess of Revenues over Expenditures - 1,744,244 569,546
36
City of Palm Beach Gardens
Balance Sheet
Police Impact Fund 012
June 2003
Assets
Cash and Investments 584,842
Total Assets $ 584,842
Liabilities
Accounts Payable $ -
Total Liabilities -
Reserves
Fund Balance
Total Reserves
394,252
394,252
Total Liabilities and Reserves 394,252
Revenue to Date 232,372
Expenditures to Date (41,782)
Total Liabilities $ 584,842
37
City of Palm Beach Gardens
Revenue and Expenditure Statement
Police Impact Fund 012
Year To Date Through June 30, 2003
Expenditures
Materials & Supplies
Annual
348
354
Land and Improvements
Revenues
Budget
2002/2003
2001/2002
Percent
Police Impact Fees
$ 169,630 $
230,022 $
164,314
135.60%
Interest
5,000
2,350
3,094
47.00%
Appropriated Fund Balance
228,284
-
-
0.00%
Total Revenues
$ 402,914 $
232,372 $
167,408
57.67%
Expenditures
Materials & Supplies
$ -
348
354
Land and Improvements
50,000
28,030
- 56.06%
Equipment
178,000
13,404
11,307 7.53%
Reserve
174,914
-
- 0.00%
Total Expenditures
$ 402,914 $
41,782 $
11,661 10.37%
Excess of Revenues over Expenditures - 190,590 155,747
38
City of Palm Beach Gardens
Balance Sheet
Fire Impact Fund 013
June 2003
Assets
Cash and Investments 592,876
Total Assets $ 592,876
Reserves
Fund Balance 418,064
Total Reserves 418,064
Total Liabilities and Reserves 418,064
Revenue to Date 472,315
Expenditures to Date (297,503)
Total Liabilities $ 592,876
39
City of Palm Beach Gardens
Revenue and Expenditure Statement
Fire Impact Fund 013
Year To Date Through June 30, 2003
Annual
' Revenues
Budget
2002/2003
2001/2002
Percent
Fire Impact Fees
$ 355,760 $
469,220 $
331,828
131.89%
Interest
7,000
3,095
4,075
44.21%
Appropriated Fund Balance
430,598
$ 793,358 $
297,502 $
0.00%
Total Revenues
$ 793,358 $
472,315 $
335,903
59.53%
Expenditures
Land and Improvements
$ 318,916 $
147,794 $
- 46.34%
Equipment
195,222
15,256
- 7.81%
Vehicle
134,462
134,452
132,102 99.99%
Reserve
144,758
-
- 0.00%
Total Expenditures
$ 793,358 $
297,502 $
132,102 37.50%
Excess of Revenues over Expenditures - 174,813 203,801
40
City of Palm Beach Gardens
Balance Sheet
Road Impact Fund 019
June 2003
Assets
Cash and Investments
Total Assets
3,036,428
$ 3,036,428
Reserves
Fund Balance
1,909,771
Total Reserves
$ 1,909,771
Total Liabilities and Reserves
1,909,771
Revenue to Date
1,129,503
Expenditures to Date
(2,846)
Total Liabilities
$ 3,036,428
41
City of Palm Beach Gardens
Revenue and Expenditure Statement
Road Impact Fund 019
Year To Date Through June 30, 2003
Annual
I Revenues
Budget
2002/2003
2001/2002
Percent
City Road Impact Fees
$ 877,110 $
1,121,323 $
462,046
127.84%
Interest
5,000
8,180
2,060
163.60%
Appropriated Fund Balance
1,623,876
0.00%
Total Revenues
$ 2,505,986 $
1,129,503 $
464,106
45.07%
iExpenditures
Land and Improvements $ 18,339 $ 2,846 $ - 15.52%
Reserve 2,487,647 - 0.00%
Total Expenditures $ 2,505,986 $ 2,846 $ 0.11%
Excess of Revenues over Expenditures - 1,126,657 464,106
42
City of Palm Beach Gardens
Balance Sheet
Burns Road Improvements Fund 026
June 2003
Assets
Cash and Investments 2,508,407
Total Assets $ 2,508,407
Liabilities
Accounts Payable $ -
Total Liabilities -
Reserves
Fund Balance
Total Reserves
3,953,627
3,953,627
Total Liabilities and Reserves
3,953,627
Revenue to Date
3,310,995
Expenditures to Date
(4,756,215)
Total Liabilities
$ 2,508,407
43
City of Palm Beach Gardens
Revenue and Expenditure Statement
i
Burns Road Improvements Fund 026
Year To Date Through June 30, 2003
Expenditures
Professional Services -Other $
Annual
3,403 $
344,071
0%
Revenues
Budget
2002/2003
2001/2002
Percent
Grant Revenue - FDOT
2,748,518 $
1,718,552 $
582,750
63%
County Incentive Grant
1,341,000
1,341,000
-
100%
Interest
100,000
59,820
114,712
60%
Seacoast Utility Reimbursement
340,000
191,623
-
56%
Appropriated Fund Balance
3,349,748
-
-
0%
Total Revenues
$ 7,879,266 $
3,310,995 $
697,462
42%
Expenditures
Professional Services -Other $
- $
3,403 $
344,071
0%
Professional Services -legal
11,642
2,816
53,174
24%
Professional Services - Engineering
530,769
459,302
15,694
87%
Land and Improvements
6,920,190
3,904,729
962,555
56%
Interest Expense
416,665
385,965
350,708
93%
Total Expenditures $
7,879,266 $
4,756,215 $
1,726,202
60%
Excess of Revenues over Expenditures - (1,445,220) (1,028,740)
44
CAPITAL PROJECTS FUNDS ANALYSIS
GENERAL NOTE:
The financial reports are formatted for management's use and, as such, generally do not
include all the classifications, accruals and footnotes which would accompany fiscal year-
end reporting.
REVENUES
• Recreation Impact Fee Fund ($2,076,236) — Recreation Impact Fee revenues
through the third quarter are $2,041,485 or 104% of estimated earnings, which
exceed budget projections by 29% for the period ending June 30, 2003. Total
revenues for the same period last fiscal year were $767,786 or 102% of
anticipated revenues. Interest earnings for the fund total $19,751 or 66% of
anticipated revenues as compared to $27,292 for last fiscal year.
• Police Impact Fee Fund ($232,372) — Excluding fund balance carry- forward,
total revenues, including interest, represent 133% of estimated earnings, which
exceeds budget projections by 58% for the third quarter. Total revenues for the
same period last fiscal year were $167,408 or 106% of anticipated revenues.
• Fire Impact Fee Fund ($472,315) — Fire Impact Fee revenues through the third
quarter are $469,220 or 132% of estimated earnings, which exceed budget
projections by 57 %. Total revenues for last fiscal year were $331,828 or 128% of
anticipated revenues. Interest earnings for the fund total $ 3,095 or 44% of budget
as compared to $4,075 for last fiscal year.
• Road Impact Fee Fund ($1,129,503) — Road Impact Fee revenues for the quarter
ended June 30, 2003 totaled $1,121,323 as compared to $462,046 for the same
1 period one year ago.
• Burns Road Improvements Fund ($3,310,995) — Revenues through the third
quarter include FDOT grant proceeds of $3,059,552 Seacoast Utility
Reimbursement Revenue of $191,623 and interest earnings of $59,820.
EXPENDITURES
• Recreation Impact Fee Fund ($331,992) — Excluding amounts budgeted for
reserves, YTD expenditures total $331,992 or 37% of total budget. Equipment
totaling $106,000 for Mirasol has been purchased in the third quarter, which
coincides with the park's opening.
45
• Police Impact Fee Fund ($41,782) — Excluding amounts budgeted for reserves,
Police Impact Fee Fund expenditures total $41,782 through the third quarter and
represent 18% of the budgeted total for the year. Prior year expenditures for the
period ending June 30, 2003 totaled $11,661 or 5% of total budget. Budgeted
police equipment consisting of mobile radios, data terminals and client licenses is
currently under negotiations and is expected to be purchased within the fourth
quarter.
• Fire Impact Fee Fund ($297,502) — Excluding amounts budgeted for reserves,
Fire Impact Fee Fund expenditures were $297,502 through the quarter and
represent 46% of total budget. It should be noted that the vehicles budgeted for
the current year are paid in fiill and equipment is expected to be purchased in the
fourth quarter.
• Road Impact Fee Fund ($2,846) — Road Impact Fee expenditures were $2,846
for fiscal year ended June 30, 2003. A budget amendment was presented in April
for Kyoto Gardens Drive project in anticipation of fourth quarter activity. No
expenditures were budgeted last fiscal year.
• Burns Road Improvements Fund ($4,756,215) - Burns Road Capital Fund
expenditures through the third quarter totaled $4,756,215 as compared to
$1,726,202 for the same period one year ago.
ADDITIONAL INFORMATION.
Impact Fees exceed budget due to Legacy Place & La Posada developments coming
online earlier than anticipated.
Refer to the CIP Update and Grant Status Report section of this report for information
regarding capital improvement projects.
46
City of Palm Beach Gardens
Balance Sheet
Public Golf Course 009
June 2003
Assets
Cash and Investments
$ 1,005,384
Accounts Receivable
1,242
Pro Shop Inventory
10,215
Food Inventory
3,113
Beverage Inventory
1,447
Deposits
I
1,100
Unamortized Bond Issue Cost
123,549
Fixed Assets (less Accumulated Depreciation)
4,706,204
Total Assets
$ 5,852,254
Liabilities
Accrued Expenses Payable
$ 145,723
Revenue Bonds
7,015,000
Total Liabilities
7,160,723
Reserves
Fund Balance (1,233,836)
Total Reserves (1,233,836)
Total Liabilities and Reserves 5,926,887
Revenue to Date 1,386,326
Expenditures to Date (1,460,959)
Total Liabilities $ 5,852,254
47
City of Palm Beach Gardens
Revenue and Expenditure Statement
Golf Course Fund
Year To Date Through June 30, 2003
Expenditures
Golf Course Pro Shop
Annual
991,680 $
1,001,838 93.98%
Golf Course Restaurant
Revenues
Budget
2002/2003
2001/2002
Percent
Green fees
$ 500,000 $
398,649 $
352,297
79.73%
Cart fees
450,000
447,115
410,074
99.36%
Driving range
25,000
22,383
18,675
89.53%
Pro Shop sales
65,000
38,168
58,102
58.72%
Prepaid permits
126,500
103,538
126,340
81.85%
Food sales
82,000
55,643
57,030
67.86%
Beverage sales
64,500
44,352
39,450
68.76%
Interest
35,000
7,120
15,705
20.34%
Miscellaneous revenue
16,000
15,546
2,064
97.16%
Sprint Lease Proceeds
16,000
-
16,767
0.00%
Transfer In
338,416
253,812
56,250
75.00%
Appropriated Fund Balance
17,423
-
-
0.00%
Total Revenues
$ 1,735,839 $
1,386,326 $
1,152,754
79.86%
Expenditures
Golf Course Pro Shop
$ 1,055,252 $
991,680 $
1,001,838 93.98%
Golf Course Restaurant
114,457
92,937
109,708 81.20%
Golf Course Maintenance
566,130
376,342
290,317 66.48%
Total Expenditures
$ 1,735,839 $
1,460,959 $
1,401,863 84.16%
Excess of Revenues over Expenditures - (74,633) (249,109)
48
City of Palm Beach Gardens
Balance Sheet
Fleet Management 031
June 2003
Assets
Cash and Investments $
599,238
Inventory
34,845
Vehicles and Equipment (less Accumulated Depreciation)
1,611,434
Total Assets $
2,245,517
Liabilities
Accrued Payroll $
4,672
Compensated Absences
595,019
Total Liabilities
599,691
Reserves
Fund Balance 1,332,051
Investments in Capital Assets 271,489
Total Reserves 1,603,540
Total Liabilities and Reserves 2,203,231
Revenue to Date 1,052,946
Expenditures to Date (1,010,660)
Total Liabilities $ 2,245,517
49
City of Palm Beach Gardens
Revenue and Expenditure Statement
Fleet Management Fund 031
Year To Date Through June 30, 2003
Expenditures
Personal Services
Annual
240,556 $
182,942
68.50%
Revenues
Budget
2002/2003
2001/2002
Percent
Interest
$ 15,000 $
3,618 $
10,988
24.12%
Miscellaneous
83,000
-
-
0.00%
Insurance Proceeds
20,000
308
24,972
1.54%
CNG Fuel
-
373
339
0.00%
Transfer in
1,417,329
1,048,647
976,284
73.99%
Loan Proceeds
-
-
-
0.00%
Appropriated Fund Balance
1,003,076
-
-
0.00%
Total Revenues
$ 2,538,405 $
1,052,946 $
1,012,583
41.48%
Expenditures
Personal Services
$ 351,163 $
240,556 $
182,942
68.50%
Operating
561,551
301,098
243,266
53.62%
Capital Outlay
616,565
336,897
227,527
54.64%
Debt Service
93,690
93,690
93,690
100.00%
Transfer to General Fund
51,225
38,419
38,006
75.00%
Reserve
864,211
-
-
0.00%
Total Expenditures
$ 2,538,405 $
1,010,660 $
785,431
39.81%
Excess of Revenues over Expenditures - 42,286 227,152
50
PROPRIETARY FUNDS ANALYSIS
GENERAL NOTE:
The financial reports are formatted for management's use and, as such, generally do not
include all classifications, accruals and footnotes which would accompany fiscal year -end
reporting.
LIABILITIES
Accrued Expenses Payable ($145,723) — Amount includes Accrued interest
payable at 9/30/02 ($142,977) and Sales tax payable ($2,746).
REVENUES
Golf Course Fund ($1,386,326) — Excluding fund balance carry - forward, total
revenues represent 81% of projected budget for the period ending June 30, 2003.
Green fees, cart fees and driving range fees all report an increase in activity when
compared to the prior year.
Fleet Maintenance Fund ($1,052,946) — Excluding fund balance carry - forward,
total revenues represent 69% of projected budget for the period ending June 30,
2003. Budgeted miscellaneous revenues include anticipated auction proceeds
which is expected to occur during the fourth quarter.
EXPENSES
• Golf Course Fund ($1,460,959) — Golf course expenses total $1,460,959 or 84%
of projected budget. Prior year expenditure for the period June 30, 2003 totaled
$1,401,863 or 77% of total budget. The most notable increase when compared to
prior year is in the maintenance department where budgeted equipment for the
current fiscal year has been purchased and ongoing maintenance cost have been
incurred to improve course conditions.
Fleet Maintenance Fund ($1,010,660) — Excluding amounts budgeted for
reserves, YTD expenses total $1,010,660 or 60% of total budget.
51
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR'MEETING
August 7, 2003
The August 7, 2003 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.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Vice Mayor Sabatello, Councilmember Clark, and
Councilmember Delgado. Councilmember Russo was absent from the meeting.
ADDITIONS, DELETIONS, AND MODIFICATIONS:
Councilmember Clark made a motion to approve postponement of Resolution 130, 2003 —
Downtown at the Gardens Quit Claim Deed - -to the next regular City Council meeting, as
requested by the applicant. Councilmember Delgado seconded the motion, which carried by
unanimous 3 -0 vote.
ANNOUNCEMENTS / PRESENTATIONS:
B & E Brochure and Catalina Lakes Beautification Award - City Forester Mark Hendrickson
recognized members of the Beautification & Environmental Committee who were present,
reported the committee's reasons for developing a brochure, and presented a final draft of the
first city map and guide to the city's natural resources and guide to greenways, entitled Palm
Beach Gardens Wild Lands. Comments from the City Council were very favorable.
Presentation of the Catalina Lakes Beautification award was delayed until after the City
Manager's report, when the Catalina Lakes representative arrived. The City Forester
described the project and the beautification of the open space, road shoulder, and median on
Alternate A 1 A. The Catalina Lakes Homeowners Association was recognized with an award
for their maintenance of the landscaping by Councilmember Clark, B & E Committee
Liaison.
Recreation Brochure and Customer Service Survey - Staff described the public works
survey, recreation customer survey, and the new format of the CityLine Newsletter brochure.
In addition to the award received for the brochure, it was reported that an award had been
received by the City for Art in Public Places,. specifically for the banners at the municipal
complex, in cooperation with the School District, which would go on to a national
competition..
ITEMS OF RESIDENT INTEREST:
Councilmember Delgado reported she and Mayor Jablin had attended a national emergency
response and rescue, training institute, expressed concern that a regional hospital was needed
for the northern area of Palm Beach County, and indicated she would pursue this project.
CITY MANAGER REPORT:
Tornado Damage — Staff reported no known serious injuries from that day's tornado but
reported flooding, roads closed, trees down, and traffic lights not working. Most of the
damage had occurred at Riviera Beach, with the most damage at A Garden Walk trailer park.
Fire Chief Bergel reported that the Burns Road Community Center auditorium would be
utilized by the Red Cross as a shelter for people who could not stay in their homes.
CIP Completed Projects - Staff presented an overview of the Capital Improvements
Committee's accomplishments for the past year, including projects in progress and ten
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/7/03
completed projects. Projects Manager Angela Wong was recognized for her excellent work
COMMENTS FROM THE PUBLIC:
Alan Dohert y, 828 Terrace, PGA National, expressed concern regarding comments at the
last meeting regarding informing the residents how the forbearance agreement had come
about, which was to be in the newsletter, and reported he had just received the newsletter and
there had been no information regarding this subject. The City Manager reported an article
was now in draft stage and would be included with the budget mailout within the next 7 -10
days. Mr. Dougherty expressed his opinion that taxpayer money should not be spent on
mailing out this information, but if it was to be included with an already scheduled mailout,
that was okay.
Vito de Francisco, 1049 Shady Lakes, and other residents present requested exploration of
making Shady Lakes Drive a private road. The City Attorney reported a title search had been
requested and when received staff would provide an update to the residents, probably within
the next couple of weeks. Vice Mayor Sabatello disclosed he lived in Shady Lakes and
owned property there and was 1/97 th of an owner of the road right -of -way. The City Attorney
noted adding or removing roads from the thoroughfare plan would require a comprehensive
plan amendment. Mr. de Francisco asked, if that land could be used by a developer in
density calculations. The City Attorney noted developers were allowed to use roadways in
PUD density calculations.
CONSENT AGENDA:
Councilmember Clark made a motion to approve the consent agenda as submitted.
Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 Vote.
a. Consideration of approving Minutes from the July 3, 2003 regular City Council
Meeting.
b. Consideration of approving Minutes from the July 17, 2003 regular City Council
Meeting.
C. Resolution 115, 2003 — Appointing one regular member and clarifies terms of a
previous appointment to the Fire Fighters' Pension Fund. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida appointing a member to the
Board of Trustees of the City of Palm Beach Gardens Fire Fighters' pension plan;
clarifying the terms of a previous appointment to the board; and providing an
effective date.
d. Resolution 128, 2003 — Mobil Data Terminal Communications. A Resolution Of The
City Council Of The City Of Palm Beach Gardens, Florida Awarding a contract to
Bellsouth Telecommunications, Inc. to upgrade communications transmissions for
mobile data terminals (MDTs); and providing an effective date.
e. Resolution 131, 2003 — Award of Bond Counsel contract to Adorno and Yoss. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving
an agreement with Adorno & Yoss, P.A. to provide Bond and Disclosure Counsel
Services; and providing an effective date.
f. Resolution 132, 2003 — Award of Financial Advisor contract to Spectrum Municipal
Services. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving an agreement with Spectrum Municipal Services, inc. to provide
Financial Advisory Services; and providing an effective date.
g. Resolution 13 3, 2003 — Consideration of approval of an agreement for the installation
of Traffic Signal Mast Arms located on the Northwest and Southwest corners of the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/7/03 3
intersection of Military Trail and Burns Road between the City of Palm Beach
Gardens and Vision 1 Homeowners Association, Inc. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an agreement for the
installation and maintenance of the Mast Arm Traffic Signals between the City of
Palm Beach Gardens and Vision 1 Homeowner's Association, Inc. and providing an
effective date.
PUBLIC HEARINGS:
PART I — QUASI- JUDICIAL: None
PART II — NON QUASI- JUDICIAL:
Ordinance 20, 2003 - Architectural Design Guidelines LDR Change. An Ordinance of the
City Council of the City Of Palm Beach Gardens, Florida relating to Architectural Design
Guidelines for non - residential development; creating a new section 78 -192, Code Of
Ordinances to be entitled "Architectural Design Guidelines for Non - Residential
Development "; providing for codification; and providing an effective date — for consideration
of second reading. The City Clerk read Ordinance 20, 2003 by title. Growth Management
Administrator Charles Wu described the guidelines, which were to be used for reference, and
would not be used as a basis for denial. Mayor Jablin declared the public hearing open, held
on the intent of Ordinance 20, 2003. Hearing no comments from the public, Mayor Jablin
declared the public hearing closed. Councilmember Clark moved approval of Ordinance 20,
2003 upon second reading. Councilmember Delgado seconded the motion, which carried by
unanimous 4 -0 Vote.
RESOLUTIONS:
Resolution 134, 2003 — Dialogic Communication Community Notification System (reverse
911 system). A Resolution of the City Council of the City of Palm Beach Gardens, Florida
awarding a piggyback contract for the purchase and installation of a Community Notification
System to Dialogic Communications Corporation; and providing an effective date. The
Police Chief explained the Windows -based computer system, which would be used to notify
emergency personnel, citizen groups, businesses, and the media of emergencies. It was
reported that approximately 20 hazardous material suits had been received for the Police
Department. The Police Chief reported the city was prepared to move forward with the
macom system if other agencies participated, or if not, preliminary discussions had been held
with the county to join their system. Councilmember Clark moved approval of Resolution
134, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0
Vote.
ITEMS FOR COUNCIL ACTION /DISCUSSION:
Councilmember Delgado reported that the Palm Beach County Fire Rescue Ad Hoc
Committee, formed to transfer fire rescue from the cities to the county, had been having
difficulty in that there was resistance from the cities, and several had established a fund to
legally carry this further. The City Manager explained that centralized dispatch would be
phase one, phase two would be establishing a!County -wide standard for fire rescue services,
and these could be very controversial issues. Fire Chief Bergel reported the County Fire
Chiefs Association had not yet taken a position and indicated he was among those pushing
for taking a position because of the current lack of direction, but it could mean double
taxation and several small cities in the south part of the county had now indicated they would
like contractural services from the county, which may have been the original purpose. The
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/7/03 4
Mayor and City Manager provided background on this matter. Councilmember Delgado was
requested to keep the City Council informed on the progress of this issue. Councilmember
Delgado requested the position of alternate to the MPO, for which Councilmember Clark was
the representative, which was agreed to by the City Council. Councilmember Delgado
reported Northlake Boulevard Task Force had two representatives and three alternates from
the City and requested there be one Council liaison and one staff liaison and two alternates.
Discussion ensued. It was explained there were two regular members — Councilmember
Delgado, whose alternate was Mr. Ferris, and Mr. Wu, whose alternate was Mr. Benothman,
to assure that there was at least one representative present. Councilmember Delgado
expressed concern that the three - minute rule was not always observed for speakers and
requested the digital clock, be set on the computer by the City Clerk for each speaker.
Discussion ensued. Consensus was that former Council members and elected officials should
be allowed more time, and that the computer clock would be utilized. Pat Hughey, Reed
Drive, requested clarification as to whether a resident would be allowed to give their time to
another resident, and was told yes, that would be allowed. Vice Mayor Sabatello reported a
memo had been received from former City Attorney Rubin, which was read aloud by the City
Attorney. The memo clarified his comments to the Palm Beach Post reporter and his advice
to Vice Mayor Sabatello regarding whether he should vote on issues regarding Mirasol. It
was requested that Attorney Rubin's memo be forwarded to the Palm Beach Post.
City anager Performance Review – Mayor Jablin indicated he had experienced a good
working relationship with the City Manager over the past year and had found him to be
extremely competent in each discipline, and wanted to give him a "5" on each one.
Councilmember Delgado agreed. Vice Mayor Sabatello expressed his opinion that the City
Manager had done an excellent job and picked excellent people, and indicated he would like
to give him "5's" across the board. Councilmember Clark agreed and congratulated Mr.
Ferris on his performance. It was explained that a perfect score was a "6 ", not a "5 ". All of
the Council members agreed the score should be "6" across the board. Mayor Jablin thanked
Mr. Ferris for his performance. Mayor Jablin commented the City Council had been working
ten years without an increase in pay, and he would like to see a study done with comparable
cities in Florida and to tie increases in so that,in the future the City Council would not have
to raise their own salaries. Councilmember Clark agreed with going forward with a study but
to delay implementation of a salary increase until after the next election. Vice Mayor
Sabatello noted having a study would not mean this would be implemented. Councilmember
Delgado indicated she was not opposed but would like a full Council present when anything
like this was to be implemented. Mayor Jablin indicated this would be an internal survey.
Consensus was to proceed with the study.
CITY ATTORNEY REPORT:
The City Attorney reported the settlement agreement and license agreement with the FEC
had been finalized and they had agreed to defer the licensing payment. A motion would be
filed to dissolve the lawsuit filed by the Gardens Woods residents. Vice Mayor Sabatello
suggested that accomplishments such as this be explained to the residents. The City Attorney
was congratulated on her work on this matter.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/7/03
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at 9:08 p.m.
APPROVAL:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
ATTEST:
PATRICIA SNIDER
CITY CLERK
RECEIVED AUG 1 2 2003
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: August 11, 2003
Meeting Date: August 21, 2003
Subject/Agenda Item: Approval of Change Order No. 1 in the amount of $51,658.00 for
Global Electric, Inc., for Burns Road street lighting infrastructure and the addition of a fiber
optic conduit system that will be installed from City Hall to the Public Works (City Project
No. 2002 -001).
[ X ] Recommendation to APPROVE
r 1 Recommendation to DENY
Reviewed by:
Originating Dept.:
Todd Engle, P.E.
Costs: $51.658.00
(Total)
Council Action:
Civil Engineer
City Attorney
Community Services
[ ] Approved
Department
$51.658.00
[ ]Approved w/
Current FY
conditions
City Engineer
[ ] Denied
Advertised: N/A
Finance Director
Funding Source: N/A
[ ] Continued to:
Attachments:
Date:
[x ] Operating
/��/�
� " "
J0" !
Paper:
[ ] Other
Change Order No, 1
$ullmitted b
/
[ X ] Not Required
ac k Doughn y,
Community Se '
Administrator
Department Director
Affected parties
[ X ] Notified
Budget Acct. #:
026- 0900 - 519.6300
( ] None
Ap ved
ity anager
[ ] Not required
Date Prepared: August 11, 2003
Meeting Date: August 21, 2003
BACKGROUND: Burns Road was widened in an effort to alleviate traffic
congestion within the City by providing an alternate east -west thoroughfare to PGA
Blvd. Included in the Burns Road improvements is the installation of a street
/pedestrian lighting system. City Council approved Resolution 102, 2003 on June 5,
2003 to contract with Global Electric, Inc for the street lighting conduit system for
Burns Road from 1 -95 to Gardens East Drive. In orderto complete the street lighting
circuits, as designed by FPL, for the entire length of Burns Road, additional work is
necessary. The additional work includes the installation of 54 pull boxes, hand
digging for conduit installation, direction and missile bores for the lighting circuit
connection, soft digs for utility locates and restoration work.
In addition to the street lighting conduit system, a fiber optic conduit system will be
installed from City Hall to Public Works, which will link their computer and phone
systems to City Hall. An approximately $12,000/+ per year cost savings will result
by installing the cable, as well as a productivity increase resulting from easier
accessibility to information in the City Hall's network server.
STAFF RECOMMENDATION: Authorizing the execution of Change Order No. 1 in
the amount of $51,658 for the completion of Burns Road street/pedestrian lighting
infrastructure and the addition of a fiber optic conduit system.
City of Palm Beach Gardens
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. One 1 PROJECT NO. 2002 -001 DATE: August 1, 2003
PROJECT TITLE: Burns Road lighting conduit installation and Weiss School parking lot lighting
TO CONTRACTOR: Global Electric, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT
TO ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION: Install 54 additional pull boxes, additional hand diqqing, pull string, directional and
missile bores, soft digs and concrete and sod restoration for the Burns Road lighting project and the
addition of a conduit run from City Hall to Public Works for a fiber optic line that will be used to link Public
Works computer and phone system to City Hall.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
$91,905.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
$0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
$91,905.00
COST OF CONSTRUCTION CHANGES THIS ORDER
$51,658.00
ADJUSTED CONTRACTED AMOUNT INCLUDING THIS CHANGE ORDER
$143,563.80
Percent Increase This Change Order 36%
Total Percent Increase To Date 36%
Extension Of Contract Time Allowed By This Change, 0 Calendar Days.
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate; that the prices quoted are fair and
reasonable and in proper ratio to the cost of the original work contracted
for under benefit of competitive bidding.
R
CONTRACTOR ARCHITECT/ GINEER
(sign & sea[)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Community Services Department 026 - 0900 - 519.6300
DEPARTMENT ACCOUNT NUMBER
• \� \.` - 24
CITY OF PALM BEACH GARDENS, FLORIDA
MAYOR
ATTEST:
CITY CLERK
\ \pbgsfile\Admin \COMML N-1 \CI Projects\2002 -001 Burns Road Widening \lighting \Global Change Order
No. l .doc
L�E�TRIC, 1I`�.
1129 SILVER BEACH ROAD, LAKE PARK,
Todd B. Engle
Town of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
• 15611848-7260 FAx [5611848-7433 • EIN 59- 1827016 o Lic .# EC- 0002449
DATE: 29 JULY 2003
GLOBAL ORDER No.:CO- 3073002
TEL No.: Mob 719 -1318
FAX No.:799 -4134
PLEASE RETURN SIGNED COPY OF THIS CHANGE ORDER
Re: Project 2002 -001, Burns Rd. lighting CHANGE ORDER # 2
SCOPE OF WORK: To supply and install the following miscellaneous items to facilitate the completion of the Burns
Road Lighting Project
INCLUDES THE FOLLOWING:
1)
2- Pallets of sod.
2)
1,455' — of hand digging.
3)
1,765'— of pull string.
4)
690' — of directional bore.
5)
100' — of missile bore.
6)
6 - soft digs.
7)
64 — cut, remove and restore concrete.
EXCLUDES THE FOLLOWING:
1) Any repairs or liability for any concealed damage to underground utilities, irrigation, etc., not properly
located or located at all.
2) Layout of station marks.
3) All material provided by City of Palm Beach Gardens.
4) Tax.
5) Overtime labor
6) It is understood and agreed by all parties to this contract that everything in and adjacent to the project
area is either in good working order or noted otherwise, prior to commencement of work.
7) All delays due to other contractors, or their sub - contractors will be billed at our Municipal Contract
hourly labor rate.
Estimated cost of project: $ 25,738.80
TERMS: Mobilization - 25% of contract amount due at contract signing.
Material Handling — 10% of contract amount due at commencement of work.
Material layout - 10% of contract amount due at co ncement work.
Balance due upon completion — Net 10. 1
CONTRACTOR'S SIGNATURE / xAf� Date / b
Alan J. Lyes Presid
PLEASE HAND DELIVER, FAX BACK, OR MAIL SIGNED COPY OF CHANGE ORDER.
CUSTOMER'S SIGNATURE Date
Arw L
ELE'CTRIG, INC.'
1 129 SILVER BEACH ROAD, LAKE PARK, FLORIDA 33403 -3025 *[5611848-7260 FAx [561 ] 848 -7433 • EIN 59- 1827016 . Lic .# EC- 0002449
Todd B. Engle
Town of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
DATE: 29 JULY 2003
GLOBAL ORDER No.: CO-3073001
TEL No.: Mob 719 -1318
FAX No.:799 -4134
PLEASE RETURN SIGNED COPY OF THIS CHANGE ORDER
Re: Project 2002 -001, Burns Rd. lighting CHANGE ORDER # 1
SCOPE OF WORK: Install 54 owner supplied direct burial pull boxes in various locations along Burns Road as directed,
to facilitate the completion of Burns Road Lighting Project
INCLUDES THE FOLLOWING:
1) Installation of 54 owner supplied pull boxes.
EXCLUDES THE FOLLOWING:
1) Any repairs or liability for any concealed damage to underground utilities, irrigation, etc., not properly
located or located at all.
2) Layout of station marks.
3) All material provided by City of Palm Beach Gardens.
4) Tax.
5) Overtime labor
6) It is understood and agreed by all parties to this contract that everything in and adjacent to the project
area is either in good working order or noted otherwise, prior to commencement of work.
7) All delays due to other contractors, or their sub - contractors will be billed at our Municipal Contract
hourly labor rate.
Estimated cost of project: $ 25,920.
TERMS: Mobilization - 25% of contract amount due at contract signing.
Material Handling — 10% of contract amount due at commencement of work.
Material layout - 10% of contract amount due at co ement of w
Balance due upon completion —Net 10.
CONTRACTOR'S SIGNATURE Date Z
Alan J. Lves Presiden
PLEASE HAND DELIVER, FAX BACK, OR MAIL SIGNED COPY OF CHANGE ORDER.
CUSTOMER'S SIGNATURE Date
RECEIVED AUG 1 2 2001
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: August 11, 2003
Meeting Date: August 21, 2003
Resolution: 145, 2003
Subject/Agenda Item: Resolution 145, 2003: Authorization for LBF &H, Inc. to supply
engineering services related to Project No. 2003 -007, Stormwater System Improvements —
Phase II, in the amount of $37,000.
[ X ] Recommendation to APPROVE
j ] Recommendation to DENY
Reviewed by:
Originating Dept.:
Costs: $ 37.000.00
Council Action:
Angela Wong, Project
(Total)
Manager
City Attorney
Community Services
Department
[ ] Approved
$ 37,000.00
[ ]Approved w/
Current FY
conditions
Civil E
[ ] Denied
Advertised: N/A
Finance Director
Funding Source:
( ] Continued to:
Attachments:
Date:
[ X ] Operating
AM P% -40 ,
Paper:
[ ] Other
• Resolution 145, 2003
• Exhibit A: Proposal from
LBFH for Professional
Services — North and
South Sections
. Exhibit B: Site Map
SuVk
[ X ] Not Required
Jac ey
Community Services
Administrator
Department Director
Affected parties
X ]Notified
Budget Acct. #:
001- 3040 - 541.6300
[ ] None
'Cityrove y:
anager
L ] Not required
Date Prepared: May 27, 2003
Meeting Date: June 5, 2003
Resolution: 145, 2003
BACKGROUND: On April 4, 2002, the City Engineer made a presentation to Council of
the City's Stormwater Management Plan, which was created for use as a planning tool to
ensure the future capacity of the system. The main focus of the report is on the City's
primary drainage system. As part of the plan, ten ranked capital projects were selected and
recommended for restoration as follows:
Projects
Ranking
Estimated
Construction
Cost
Thompson River Canal (Lighthouse to Holly)
1
$200,000
Thompson River Canal 195 to Military Trail
2
$250,000
FEC Ditch Burns to RCA Blvd.
3
$168,000
Thompson River Canal (Military south to Sea ra e
4
$367,000
Allamanda Spillway Operable Gate
5
$80,000
Plat 4 — Phase 2 (Secondary Drainage System)
5
$1,340,230
Thompson River Canal ( Earman Canal to Lighthouse
Dr.
6
$49,800
Thompson River Canal (Holly to 195
6
$153,250
Earman River Canal MacArthur Blvd to Thompson)
7
$55,000
Thompson River Canal Mil to Hickory S. of PGA Blvd
8
$750,500
The City is currently completing the first two priorities as directed by the City Council.
Planning has begun for the implementation of the remaining projects on the priority list
according to rank. The City recently approved a contract with Adorno and Yoss, Inc. for
bond counsel services and Spectrum Municipal Services for financial advisory services to
obtain a five million dollar bond to complete the remaining projects within three years.
Funds are expected to be received in October 2003.
In regards to the FEC Ditch, the City is negotiating with the FEC for removal of vegetation
within the FEC right -of -way. The ditch from Burns Road to RCA Boulevard is tentatively
scheduled to be complete by June 2004.
Staff is currently developing a Request For Proposal for annual general contracting
services for all of the necessary services to complete the remaining projects. The RFP is
due for release by mid September 2003.
The City is moving forward with the fourth ranked priority project, Thompson River Canal
from Military Trail to Seagrape. Since the eighth ranked priority project, Thompson River
Canal from Military Trail to Hickory, encompasses the same canal and is located adjacent
to priority no. 4, staff has decided to include this portion in the next phase of reconstruction.
Under the City's continuing contract for services with LBFH, Inc., a proposal has been
received in the amount of $37,000 to provide surveying and mapping services for this
portion only. Upon approval, work will begin in approximately two weeks and continue for
eight weeks. LBFH, Inc. will also provide stakes in the right -of -way that will allow the
residents to identify encroachments such as landscaping, fencing, irrigation, etc. that will
need to be removed.
STAFF RECOMMENDATION: Approve Resolution 145, 2003 authorizing the execution of
the proposal with LBFH, Inc. in the amount of $37,000.00 for professional services related
to the Stormwater System Improvements — Phase II project.
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Date Prepared: August 12, 2003
RESOLUTION 145, 2003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A WORK
AUTHORIZATION FOR ENGINEERING SERVICES WITH THE FIRM
OF LBFH, INC. IN CONNECTION WITH STORMWATER SYSTEM
IMPROVEMENTS — PHASE II, THOMPSON RIVER CANAL RIGHT -OF-
WAY SURVEYING AND MAPPING; AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens has a continuing
contract for engineering services with the engineering firm of LBFH, Inc.; and
WHEREAS, the City Manager has negotiated a Work Authorization with LBFH, Inc.
to perform certain services in connection with Stormwater System Improvements — Phase
II, Thompson River Canal right -of -way surveying and mapping; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves a Work Authorization for
engineering services with the firm of LBFH, Inc. for services in connection with Stormwater
System Improvements — Phase II, Thompson River Canal right -of -way surveying and
mapping and hereby authorizes the City Manager to execute the Work Authorization on
behalf of the City. A copy of said Work Authorization is attached hereto as Exhibit "A" and
incorporated herein by this reference.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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PASSED AND ADOPTED this
ATTEST:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
M.
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
Date Prepared: August 12, 2003
Resolution 145, 2003
day of , 2003.
CITY OF PALM BEACH GARDENS, FLORIDA
wj
Eric Jablin, Mayor
AYE NAY ABSENT
GARESOLUTIONS \Engineering Services work authorization - reso 145.doc
2
1 l..
Date Prepared: August 12, 2003
EXHIBIT A
LBF &H, Inc. Proposal — Thompson River Canal — North and South Sections
Request for Legal or Engineering Assistance
File Opening Authorization
City of Palm Beach Gardens
Department Requesting Service: Community Services Department
Type of Assistance: X City Engineer Consultant
City Attorney Special Counsel
Contact Person Angela Wong, Project Manager Phone Extension 799-4234
Brief Description of Legal Question or Issue: Project No. 2003-007 /
Stormwater System Improvements — Phase II — Thompson River Canal
Surveying and Mapping Services.
Account Number= 001 - 3040-541.6300
The City Council/City Manager authorizes the City Attorney, Labor or
Special Counsel to work on the above-referenced issue at an hourly rate. The
City Council/City Manager may limit this authorization as set forth below, or
as may be set forth in an attached writing.
Maximum Number of Hours:
Maximum Hourly Rate:
Other: For an amount not to exceed $37,000.00
Department Head Authorization
City Manager Prioritization/Notes:
Original to City Clerk
Copies to: Contact Person
Finance Administrator
Consultant
City Manager /City Councilperson
lbfb
Exhibit A
Scope of Services
Project Number 03 -4296
Thompson River Canal Right -of -way Staking "North"
Scope:
LBFH Inc. shall provide the following Surveying and Mapping services
for the following route — "Thompson River Canal" from the crossing of
the Thompson River Canal under Military Trail, north to where the canal
crosses Hickory Drive (approximately 6,500 L.F. of canal).
Task A — Canal right -of -way staking
The canal right -of -way shall be staked at 100 -foot intervals with lath on
tangents and 50 -foot intervals along curves. All stakes shall be visible
between themselves and if needed intermediate stakes will be set. No
offset stakes shall be provided. This is a one -time staking any re- staking
shall be done on a Time and Expense Basis.
Task B — Topographic Survey
LBFH Inc. shall prepare a topographic survey for the above referenced
route meeting the Minimum Technical Standards, Chapter 61g17, Florida
Administrative Code. The topographic survey shall show the following:
1) Location of all above ground improvements in the canal right -of -way,
and any adjacent 12 -foot utility easement such as: fences, docks,
concrete pads, walks, or decks, irrigation intakes, pool drains,
specimen and exotic trees, utilities, outfall culvert pipes, with invert
elevations and pipe sizes, drainage structures, and headwalls.
2) Cross - sections from right -of -way line to right -of -way line at
approximately 400 -foot intervals, one cross - section at the confluence
with the finger canal and two cross - sections within each finger canal.
Deliverable:
Six (6) signed and sealed topographic surveys with sections labeled and
proposed sections overlaid. Rough cut and fill estimates shall be
computed from the sections.
\ \pbgsfile\Admin \COMMUN —1 \CI Projects\2003 -007 Canal Restoration PhII\Rev Exhibit A Scope from
Military north to Hickory.doc
Schedule:
The project shall commence two weeks from notice to proceed, and shall
be completed approximately eight (8) weeks thereafter.
Fee:
The surveying and mapping service will be provided for the following
fee:
Lump Sum Fee: $22,500
Special Provisions:
The Services shall be subject to the following special conditions:
None
City of Palm Beach Gardens, FL
Ronald Ferris, City Manager
LBF &H, Inc.
Dan Clark, P.E.
\ \pbgsfile\Admin \COMMUN -1 \CI Projects\2003 -007 Canal Restoration PhII\Rev Exhibit A Scope from
Military north to Hickory.doc
Lh
Exhibit A
Scope of Services
Project Number 03 -4296
Thompson River Canal Right -of -Way Staking "South"
Scope:
LBFH Inc. shall provide the following Surveying and Mapping services
for the following route — "Thompson River Canal" from the crossing of
the Thompson River Canal under Military Trail, south, and then west
(approximately 2,600 feet) to the termination point east of Seagrape Way;
Together with two divisions of the canal off of the aforementioned route
that branch off to the west, and also terminate east of Seagrape Way
(approximately 1000 feet) for a total route of approximately 3,600 feet of
canal right -of -way.
Task A - Canal Right -of -Way Staking
The canal right -of -way shall be staked at 100 -foot intervals with lath on
tangents and 50 -foot intervals along curves. All stakes shall be visible
between themselves and if needed intermediate stakes will be set. No
offset stakes shall be provided. This is a one -time staking any re- staking
shall be done on a Time and Expense Basis.
Task B — Topographic Survey
LBFH Inc. shall prepare a topographic survey for the above referenced
route meeting the Minimum Technical Standards, Chapter 61gl7, Florida
Administrative Code. The topographic survey shall show the following:
1) Location of all above ground improvements in the canal right -of -way,
and any adjacent 12 -foot utility easement such as: fences, docks,
concrete pads, walks, or decks, irrigation intakes, pool drains,
specimen and exotic trees, utilities, outfall culvert pipes, with invert
elevations and pipe sizes, drainage structures, and headwalls.
2) Cross - sections from right -of -way line to right -of -way line at
approximately 400 -foot intervals, one cross - section at the confluence
with the finger canal and two cross - sections within each finger canals
CA\Documents and Settings\awong \Local Settings \Temporary Internet Files \OLKBA\Rev Exhibit A Scope from
Military south to Seagrape.doc
Deliverable:
Six (6) signed and sealed topographic surveys with sections labeled and
proposed sections overlaid. Rough cut and fill estimates shall be
computed from the sections.
Schedule:
The project shall commence two weeks from notice to proceed, and shall
be completed approximately eight (8) weeks thereafter.
Fee:
The surveying and mapping service will be provided for the following
fee:
Lump Sum Fee: $14,500
Special Provisions:
The Services shall be subject to the following special conditions:
hr.7T
City of Palm Beach Gardens, FL
Ronald Ferris, City Manager
LBF &H, Inc.
Dan Clark, P.E.
CADocuments and Settings\awong \Local Settings \Temporary Internet Files \OLKBA \Rev Exhibit A Scope from
Military south to Seagrape.doc
Date Prepared: August 12, 2003
Resolution 145,2003
EXHIBIT B
Site Map
Thompson River Canal
I
r
Source: city of vaim meaui v11JUV.10, —.— I ...... a -. --
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, in Palm Beach County it is estimated that as many as 22% of the adults function
at the lowest level of literacy, and
WHEREAS, the Palm Beach County Literacy Coalition serves to promote the learning of basic
reading, writing and English to engage in programs to further literacy within our county, and
WHEREAS, businesses are invited to begin workplace literacy programs at their business site;
and
WHEREAS, hundreds of volunteers are needed to become literacy tutors with adults and
children, and
WHEREAS, celebrity readers will be reading to hundreds of children at the September 6
READ A -THON at City Place; and
WHEREAS, elementary school children and staff' all over Palm Beach County will be
celebrating International Literacy Day on September 8 wearing "READ WITH ME" stickers; and
WHEREAS, many businesses will be competing in the Coalition's "Great Grown -Up Spelling
Bee " on September 20 to raise literacy awareness; and
WHEREAS, the Literacy Coalition is asking each individual in Palm Beach County to
"Celebrate Reading" in September by initiating or renewing the reading habit.
NOW, THEREFORE, I, Eric Jablin, by virtue of the authority vested in me as Mayor of the
City of Palm Beach Gardens, Florida, do hereby proclaim the month of September 2003
LITERACYARARENESS MONTH
in the City of Palm Beach Gardens and urge all citizens in acquiring services or information
regarding literacy to contact the Palm Beach County Literacy Coalition.
Attest:
Patricia Snider, 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 affixed on this 21st day ofAugust, Two Thousand and
Three.
Mayor Eric Jablin
RECEIVED AUG U a 2003
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: July 29, 2003
Meeting Date: August 21, 2003
Ordinance 17, 2003
SUBJECT /AGENDA ITEM
Ordinance 17,2003: Amendment to Banyan Tree Planned Unit Development (PUD) - Phases I &
II
Public Hearing /Second Reading: A request by Stephen S. Mathison, Esq., on behalf of South Florida
Blood Banks, Inc., for approval of an amendment to the Banyan Tree Planned Unit Development (PUD)
to allow for modifications to the previously approved Master Plan and to allow an extension to the
build -out date for the PUD. The approximately 12.64 -acre Banyan Tree PUD is generally located on
both the northeast and northwest corners of MacArthur and Northlake Boulevards.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Originating Dept.:
FINANCE: N/A
City Council Action:
Growth Management:
[ ] Approved
Principal Planner
Costs: $ N/A
[ ] App. w/ conditions
Talal M. Benoth ma ICP
Project -
Total
[ ] Denied
City Attorney
Manager
[ ] Rec. approval
Christine Tatum
Michael J. Sa hez
$ N/A
[ ] Rec. app. w/ conds.
Senior Planner
Current FY
[ ] Rec. Denial
Finance N/A
[ ] Continued to:
Development
Funding Source:
Advertised:
Attachments:
Compliance
Bahareh Keshavarz - Wolfs,
Date: August 14, 2003
. Table 1: Land Use
and Zoning
AICP
Paper: Palm Beach Post
[ ]Operating
Designations
[X] Required
[X] Other N/A
• Ordinance 41, 2001
Growt na e t
[ ] Not Required
• Ordinance 11, 2003
Direct r
• Project Narrative
Charles K. Wu, AICP
Budget Acct. #:
• Site Plan
N/A
• Landscape Plan
• Fuel Storage Tank
Approved By:
Letters
City Manag r 22
• Build -out Date
Affected Parties:
Ronald M. Ferris
[X] Notified
Extension Letters
[ ] Not Required
• Proposed
Amendments to
Ordinance 17, 2003
• Ordinance 17, 2003
Date Prepared: July 29, 2003
Meeting Date: August 21, 2003
Ordinance 17, 2003
BACKGROUND
The MacArthur Banyan Tree was located in the City of Palm Beach Gardens by the City founder, John D.
MacArthur. It has since gained historical significance with the residents of the City and become a
landmark identifying the City. In order to ensure the protection and preservation of the MacArthur
Banyan Tree, the City, in February of 2003, adopted Ordinance 3, 2003 (please see attachment), which
designated the MacArthur Banyan Tree as a locally designated historic and/or archaeologically significant
site.
In August of 1999, the City Council adopted Resolution 70, 1999, and Resolution 71, 1999, thereby
granting approval of a waiver from the residential requirements of the Comprehensive Plan Mixed Use
Category in order to allow the parcels, now referred to as the Banyan Tree PUD, to be developed without
a residential component.
The Banyan Tree PUD was approved by the City Council on February 21, 2002, by the adoption of
Ordinance 41, 2001. The approval included phasing for the PUD and site plan approval for Phase I of the
PUD. Phases II and III were granted conceptual approval only and were required to obtain future site plan
approval from the City as amendments to the PUD. Ordinance 41, 2001 established the following:
• Phase I (approximately 5.2 acres): 40,900 square feet of office use for the Blood Bank;
• Phase II (approximately 2.2 acres): 38,500 square feet of retail use; and
• Phase III (approximately 5 acres): 27,000 square feet of retail and 25,000 square feet of office use.
In February of 2002, the property owner of Phase III of the PUD submitted a petition to the City for site
plan approval in order to construct two (2) office buildings totaling 24,700 square feet, a 2,780 square -
foot bank, and a 5,000 square -foot restaurant on Phase III (Parcel 12.04). Said petition was approved by
the City Council at Second Reading on May 15, 2003.
LAND USE & ZONING
The subject site has a Mixed Use (MXD) Future Land -Use designation and is zoned Mixed Use (MXD)
with a Planned Unit Development (PUD) Overlay with office and commercial underlying zoning districts.
Please see attached Table 1 for details of the surrounding properties.
CONCURRENCY
The original Banyan Tree PUD received concurrency on June 7, 2000, with the traffic concurrency
expiring on December 31, 2003. The applicant has since applied for approval of a time extension to the
build -out date of the PUD. Both the City Engineer and the City's Traffic Consultant have reviewed said
application and determined that the request for a time extension meets the City of Palm Beach Gardens
Traffic Performance Standards and have no objections to extending build -out date of the Banyan Tree
PUD to December 31, 2006. A copy of the approval letters from the City Engineer and City's Traffic
Consultant relating to the concurrency extension are attached hereto. Proposed Ordinance 17, 2003
includes language which will extend the build -out date of the PUD until December 31, 2006. It is
important to note that the build -out date time extension is contingent upon the following conditions,
2
Date Prepared: July 29, 2003
Meeting Date: August 21, 2003
Ordinance 17, 2003
which have been included in Ordinance 17, 2003:
1) Prior the issuance of the first Certificate of Occupancy for Phase I, the applicant shall construct an
exclusive westbound right -turn lane at the access driveway into Phases I and II along Northlake
Boulevard. (City Engineer)
2) Prior the issuance of the first Certificate of Occupancy for Phase I, the applicant shall construct an
exclusive northbound left -turn lane at the access driveway into Phases I and II along MacArthur
Boulevard (City Engineer)
PROJECT DETAILS
The applicant is seeking approval of an amendment to the Banyan Tree PUD to allow the following
modifications to the previously approved Master Plan for Phases I and II of the PUD:
• An increase in the height of the screening wall between the Blood Bank facility and the Sun
Terrace at Lake Catherine property to the north from six (6) feet, as previously approved, to eight
(8) feet. This modification is being proposed in order to satisfy a request made by the Sun
Terrace at Lake Catherine's HOA. The City's Land Development Regulations (LDR's) allow for
fences and walls in nonresidential zoning districts to be erected and maintained at a height not to
exceed eight (8) feet.
• The construction of a landscape median within the access drive isle from Northlake Boulevard to
Phases I and II. This access drive isle, which straddles the property line between Phases I and II,
was previously approved at a width of 25 feet and without a median. The applicant is proposing to
increase the width of the drive isle to 33 feet (13 -foot drive isle + seven (7) foot landscape median
+ 13 -foot drive isle).
• The construction of two (2) monument entry signs located at the Northlake Boulevard entrance to
Phases I and II. The applicant is proposing to construct a marble- engraved wall sign,
approximately 52 feet in length and six (6) feet in height, on each side of the access drive isle.
The monument signs will replace one (1) ground sign previously approved on the west side of the
entrance to the site from Northlake Boulevard. The entry walls will include the names of the two
(2) campuses (Phases I and II), as well as plaques engraved with the names of financial donors to
the Blood Bank. However, only the westernmost entry wall (Phase I) will contain lettering at this
time; the lettering on the easternmost entry wall will be added in the future. The proposed size
and number of signs on site require waivers from the City's Land Development Regulations
(LDR's). These waivers are discussed in further detail in the subsequent section of this report.
• A dedication of right -of -way for the City's planned right -of -way improvements along MacArthur
Boulevard.
3
Date Prepared: July 29, 2003
Meeting Date: August 21, 2003
Ordinance 17, 2003
Waivers
The applicant is requesting approval of three (3) waivers with the subject request:
1) Number of Ground Signs: The applicant is requesting a waiver to allow for a total of five (5)
ground signs within the Banyan Tree PUD.
Code Requirement: Section 78 -285 of the City's Land Development Regulations (LDR's) allows
for one (1) ground sign for the first 300 linear feet of ROW frontage and one (1) additional
ground sign for each additional 700 linear feet of public ROW frontage. The Banyan Tree PUD
has 2,101 linear feet of public ROW frontage; therefore, the PUD is only permitted three (3)
ground signs. However, the original Banyan Tree PUD approval included a waiver to allow for
four (4) ground signs within the PUD.
Applicant's Justification: The applicant is incurring the construction cost of increasing the wall
height between the Blood Bank site and the Sun Terrace at Lake Catherine residential community
to the north, as requested by the City. In return, the applicant is requesting approval of the subject
waiver.
Staff Recommendation: Staff has reviewed the requested waiver and has no objection to the
request. Staff recommends APPROVAL of the requested waiver.
2. Maximum Size of Ground Signs: The applicant is requesting approval of a waiver to allow for
two (2) ground signs which are approximately six (6) feet in height and 52 feet in width.
Code Requirement: Section 78 -285 of the City's LDR's limits the size of ground signs to ten (10)
feet in height by 15 feet in width. Section 78 -229, Signage and Outdoor Displays within the
Northlake Boulevard Overlay Zone, limits the sign area of a ground sign to 36 square feet.
Applicant's Justification: The applicant is incurring the construction cost of increasing the wall
height between the Blood Bank site and the Sun Terrace at Lake Catherine residential community
to the north, as requested by the City. In return, the applicant is requesting approval of the subject
waiver.
Staff Recommendation: Staff has reviewed the requested waiver and has no objection to the
request. Staff recommends APPROVAL of the requested waiver.
3. Application Fee: The applicant is requesting approval of a waiver of the application fee
associated with the amendment to the PUD.
Master Fee Schedule (Resolution 133, 2002): The application fee for a PUD amendment is
$1,750.00.
Applicant's Justification: The applicant is a non - for - profit organization. Furthermore, the
applicant is incurring the construction cost of increasing the wall height between the Blood Bank
site and the Sun Terrace at Lake Catherine residential community to the north, as requested by the
City. The applicant has stated that the cost of increasing the wall height exceeds $30,000.00. In
return, the applicant is requesting approval of the subject waiver.
11
Date Prepared: July 29, 2003
Meeting Date: August 21, 2003
Ordinance 17, 2003
Staff Recommendation: This fee waiver is not a planning matter, but a policy decision by the
City Council.
PLANNING AND ZONING COMMISSION
At its April 28, 2003 meeting, the Planning and Zoning Commission held a public hearing to review the
subject petition. The Commission voted 6 -1 to recommend approval of the subject petition with the
following conditions in addition to those conditions of approval listed in the staff report:
• The monument entry sign details shall be amended to reflect the exact size, proportions, materials,
and colors of the entry signs.
The monument entry sign details have been amended by the applicant to reflect the size,
proportions, materials, and colors of the entry signs.
• The front and sides (ends) of the monument entry signs shall consist of a marble finish that is of a
color consistent with that of the Blood Bank building.
The applicant has amended the monument entry sign details to reflect the aforesaid requirement.
• The top of the monument entry signs shall consist of a precast concrete cap to match the precast
architectural features on the Blood Bank building.
The applicant has amended the monument entry sign details to reflect the aforesaid requirement.
• The rear of the monument entry signs shall consist of a stucco finish with a color to match that the
Blood Bank building.
The applicant has amended the monument entry sign details to reflect the aforesaid requirement.
• The letter height of the campus name on the monument entry signs in relationship to the height of
the vertical wall on which the signage will be affixed shall not exceed a ratio of 16:24 (or 2:3).
The letter height of the campus name on the monument entry sign will be 16 inches, and the
height of the vertical wall on which the signage will be affixed will be 24 inches, as is reflected on
the submitted signage details. Therefore, the applicant has complied with the aforesaid
requirement.
• The sidewalk adjacent to the monument entry signs, which extends north into the property from
the meandering sidewalk along Northlake Boulevard, shall extend across the entry drive to allow
pedestrians observing the entry wall feature to continue across the entry drive without having to
backtrack to the meandering sidewalk along Northlake to cross the entry drive.
The City Engineer has indicated such a crosswalk, which is not located at a stop condition,
5
Date Prepared: July 29, 2003
Meeting Date: August 21, 2003
Ordinance 17, 2003
creates a pedestrian safety issue. If it is the desire of the applicant to continue the sidewalk,
which is adjacent to the monument entry signs across the entry drive, then a speed control device
(i.e. speed table) and signage, acceptable to the City Engineer, shall be included to ensure the
safety of pedestrians.
Commissioner Solomon did not agree with the justification for waivers #1 and #2 and did not concur with
the inclusion of the names of financial contributors to the facility on the monument entry walls.
CITY COUNCIL
On June 19, 2003, the City Council continued the First Reading for Ordinance 17, 2003 to July 17, 2003.
On July 17, 2003, the City Council reviewed the subject petition on First Reading. No major concerns
were voiced by the Council with regards to the applicant's request. The Council voted 5 -0 to approve
Ordinance 17, 2003 on First Reading, along with two (2) requested waivers (number of ground signs and
maximum size of ground signs), subject to the conditions listed therein. In addition, the City Council
decided unanimously to deny the applicant's request for a waiver of the application fee associated with
the PUD Amendment, concluding that doing so would set precedence for other applicants seeking fee
waivers in the future.
PROPOSED REVISIONS TO ORDINANCE 17, 2003
Subsequent to First Reading for Ordinance 17, 2003, the applicant has proposed certain modifications to
the conditions of approval listed therein. Conditions No. 5 and No. 8 of Ordinance 17, 2003, as presented
at First Reading, required the replat of Phase II, to include the right -of -way dedication for the MacArthur
Boulevard improvements, and the installation of the required art in public places prior the issuance of the
Certificate of Occupancy for the Blood Bank building (Phase I). The applicant has stated that the Blood
Bank is expecting to be issued its Certificate of Occupancy in the very near future and that the aforesaid
conditions, not previously imposed in the original development order for Phase I, cannot be satisfied prior
the issuance of the Certificate of Occupancy for Phase 1. The applicant has since worked with staff to
compose modifications to the previously imposed conditions of approval, which will satisfy the requests
of the applicant, while leaving staff with a needed comfort level that the necessary improvements will be
completed in a timely manner. The proposed amendments to the conditions of approval are attached
hereto and should be read into the record as part of the motion for approval since said amendments were
not presented at First Reading.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Ordinance 17, 2003, along with two (2) requested waivers (number
of ground signs and maximum size of ground signs), subject to the conditions listed therein. Due to the
fact that the waiver request relating to the application fee is not a planning matter, but a policy decision
by the City Council, staff is not making any recommendation relating to same.
2
Date Prepared: July 29, 2003
Meeting Date: August 21, 2003
Ordinance 17, 2003
II EXISTING USE I ZONING I LAND USE II
Subject Property
Banyan Tree Parcels
North
Lake Catherine & Lake
Catherine Sports Complex
South
Costco, Wendy's, Northlake
Executive Park, & Sports
Authority
West
Sun Bank
(Unincorporated Palm Beach
County)
East
Pep Boys
Mixed Use (MXD) with a
Planned Unit Development
(PUD) Overlay
Residential Low Density — 2
(RL -2) with a Planned Unit
Development (PUD) overlay
& Public or Institutional (P /I)
General Commercial
(CG -1) with a Planned Unit
Development (PUD) overlay
( Costco only)
General Commercial (CG) &
Special Use (SE)
General Commercial
(CG -1)
7
Mixed Use
(MXD)
Residential Medium (RM) &
Recreation Open Space
(ROS)
Commercial (C)
Commercial (C)
February 21, 2002
ORDINANCE 41, 2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF
AN APPLICATION FROM SOUTH FLORIDA BLOOD BANKS FOR
REZONING OF 12.64 ACRES OF LAND LOCATED ON BOTH SIDES
OF MACARTHUR BOULEVARD, ON THE NORTH SIDE OF
NORTHLAKE BOULEVARD (PARCELS 12.04 AND 12.05), AS MORE
PARTICULARLY DESCRIBED HEREIN, TO A PLANNED UNIT
DEVELOPMENT (PUD), AND THE APPROVAL OF THE "BANYAN
TREE" MASTER PUD PLAN FOR PHASE 1 OF THE PUD TO
CONSTRUCT AN APPROXIMATELY 40,900 SQUARE -FOOT OFFICE
BUILDING (BLOOD BANK); 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 (PUD- 01 -09)
from the South Florida Blood Banks for approval of the `Banyan Tree" Master Planned
Unit Development (PUD) Plan and the first phase of the PUD located at the northwest
(Phases 1 and 2) and the northeast (Phase 3) corners of Northlake Boulevard and
MacArthur Boulevard, so as to construct a 40,900 square -foot office building (Blood
Bank) on the western portion of the 7.43 -acre Parcel 12.05, as more particularly
described in Exhibit "A" attached hereto; and
WHEREAS, the list of approved and conditionally approved uses for Phases 1, 2
and 3 of the Banyan Tree PUD are listed in Exhibit "B" attached hereto; and
WHEREAS, the approvals of Phases 2 and 3 of the "Banyan Tree" PUD Master
Plan shall be done as future amendments to the `Banyan Tree" PUD approval, including
review by the Planning and Zoning Commission and City Council; and
WHEREAS, the Growth Management Department has recommended approval of
the rezoning of Parcels 12.04 and 12.05 and the "Banyan Tree" Master PUD Plan for
Phase 1; and
WHEREAS, on October 23, 2001, the City's Planning and Zoning Commission
reviewed said application and recommended that it be approved with the requested
waivers, subject to certain conditions stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
Ordinance 41, 2001
Meeting Date: February 21, 2002
Date Prepared: February 5, 2002
Petition PUD -01 -09
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the rezoning of Parcels 12.04 and 12.05, as more particularly described in
Exhibit "A" attached hereto, to a PUD, and a master planned unit development (PUD)
plan known as the "Banyan Tree" PUD for Phase 1 of the PUD to permit the construction
of an approximately 40,900 square -foot office building (blood bank) on the western
portion of Parcel 12.05.
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 the issuance of the first building permit, the applicant shall meet all of
South Florida Water Management District's ( SFWMD) requirements, which
includes the certification of the Lake Catherine project, and submit to the City a
SFWMD permit or a letter of approval for the Blood Bank's surface water
management system. The SFWMD approval shall include approval of the water
quality, site storage calculations (shall be consistent with the assumption made for
the Lake Catherine permit issued in 1990), and stormwater discharge
requirements. (City Engineering)
2. Prior to the issuance of a certificate of occupancy, the applicant shall place $8,400
into an escrow account for its share of the beautification of the Northlake
Boulevard road shoulders and median adjacent to Phase 1 of the Banyan Tree
PUD. The money placed into escrow for the beautification of the road shoulders
and median adjacent to Phases 2 and 3 shall be addressed when these phases
request development approval. (Planning and Zoning)
3. Construction access for Phases 1, 2 and 3 shall only occur from Northlake
Boulevard; no construction access shall be permitted from MacArthur Boulevard.
(Code Enforcement)
4. The applicant shall work with the City to address the MacArthur Boulevard right -of-
way drainage during the development of Phases 2 and 3 of the PUD.
(City Engineering)
5. All lighting shall be metal halide. (Police)
6. Landscaping shall not conflict with lighting (including long term tree growth).
(Police)
7. The rear door shall be equipped with a peephole viewer. (Police)
8. All perimeter doors shall be equipped with hinges that utilize non - removable hinge
pins. (Police)
9. All strike areas of perimeter doors shall be equipped with reinforced, case
hardened strike plate. (Police)
10. Glass perimeter doors shall be equipped with case hardened guard rings to
protect the mortise lock cylinder. (Police)
11. A timer clock or photocell sensor engaging lighting above or near entryways /exits
shall be provided. (Police)
2
Ordinance 41, 2001
Meeting Date: February 21, 2002
Date Prepared: February 5, 2002
Petition PUD -01 -09
12. The building shall have an alarm system. (Police)
13. Numerical addresses on site shall be illuminated for nighttime visibility, and shall
have bi- directional visibility from the roadway. (Police)
14. The awnings on the Blood Bank building in Phase 1 shall be one color (green).
(Planning & Zoning)
15. The sidewalk along Northlake Boulevard for Phases 2 and 3 of the PUD shall
continue the meandering path that has been established in phase 1.
(Planning & Zoning)
16. The sidewalk and the right turn lane along Northlake Boulevard into Phases 1 and
2 shall be constructed with Phase 1. (City Engineering)
17. The architecture for Phases 2 and 3 shall contain compatible treatments, styles,
materials, and colors as those approved in Phase 1, including vertical elements
such as towers or design elements, smooth and textured painted stucco surfaces,
cement tile roofing, multi -paned windows of mixed design (flat head and arched
heads), dormer windows or other similar treatments, railings, louvered shutters,
awnings, and entry porticos and building interconnections. (Planning & Zoning)
18. The site layout for Phases 2 and 3 shall reflect and respect the uniqueness of the
Banyan Tree in the MacArthur Boulevard median by employing best urban design
and site planning techniques that emphasize the urban space, pedestrian quality
and city entryway feature. The design of Phases 2 and 3 shall include, but not be
limited to, the following principles:
a. Appropriate spacing and location of buildings that adequately frame the
open space in and around the Banyan Tree area;
b. Sensitive building massing and bulk that do not overshadow the Banyan
Tree;
C. Proper symmetry of site design and architectural treatments for areas
immediately adjacent to the Banyan Tree;
d. Full integration of the Banyan Tree open space with the site design of
Phases 2 and 3 oriented toward the Banyan Tree. This area is not
appropriate for the location of excessive asphalt pavement, dumpsters,
intrusive signage, and loading areas.
e. Careful consideration may include but is not limited to street furniture,
landscape enhancements, accent lighting, public art, and open space that
enhances the pedestrian environment in and around the Banyan Tree.
(Planning and Zoning)
19. The applicant, successors or assigns shall submit revised traffic analyses with the
submission of the development applications for Phases 2 and 3. The traffic
analysis for Phase 2 shall show the exit from the site onto MacArthur Boulevard as
a right -out only. The traffic analysis for Phase 3 shall show the exit from the site
onto MacArthur Boulevard as a left -out only; alternatively, this access point may
be shown as an ingress only to the site (no egress). Subsequent amendments to
the PUD to include Phases 2 and 3 shall reflect these access points as described
3
Ordinance 41, 2001
Meeting Date: February 21, 2002
Date Prepared: February 5, 2002
Petition PUD -01 -09
above. (Planning & Zoning)
20. Phase 1 of the PUD shall be limited to no more than 41,000 square feet of office
space (without a bank) and Phase 2 shall be limited to 38,500 square feet of retail
space, as referenced in the August 21, 2001 Traffic Equivalency Statement
prepared by Yvonne Ziel Traffic Consultants, Inc. Phase 3 shall be limited to
27,000 square feet of retail use and 25,000 square feet of office use, as
referenced in the April 19, 2001 Traffic Impact Analysis (Parcel 12.04) prepared by
Yvonne Ziel Traffic Consultants, Inc. These square footages may be amended in
the future through amended traffic analyses or traffic equivalencies prepared by
the applicant, successors or assigns, and approved by the City.
(Planning & Zoning)
21. The build -out date for this project is December 31, 2002, as referenced in the April
19, 2000 Traffic Impact Analysis (Parcel 12.04) and the April 24, 2000 Traffic
Impact Analysis (Parcel 12.05) prepared by Yvonne Ziel Traffic Consultants, Inc.
(Planning & Zoning)
SECTION 3. The following waivers are hereby granted with this approval:
1. Section 78 -285 of the City's Land Development Regulations (LDRs) and Section
5 -6 of the Northlake Boulevard Overlay Zoning (NBOZ) District Design Guidelines
that limit the number of ground signs to three (3) for 2,101 linear feet of public
road right -of -way frontage, to allow for a fourth ground sign on the site.
2. Section 78- 508(b) of the City's Land Development Regulations (LDRs) that
requires a 150 -foot minimum distance between a proposed and an existing
intersection, to allow for a separation of approximately 110 feet.
3. Section 6 -2 of the Northlake Boulevard Overlay Zoning (NBOZ) District that limits
the height of a building to 55 feet, to permit a maximum building height of 58 feet.
4. Section 5 -6 of the Northlake Boulevard Overlay Zoning (NBOZ) District that
requires a flat wall sign to be located at the first floor level, to allow for one (1) flat
wall sign immediately below the fourth floor roof line.
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 (dates represent the date plans are received and stamped in):
1. Master PUD Plan by Jeffrey A. Ornstein, P.A. and date stamped (October 24,
2001) into the Planning and Zoning Division, sheet 01.
2. Site Plan by Jeffrey A. Omstein, P.A. and date stamped (October 24, 2001) into
the Planning and Zoning Division, sheet 1.
3. Detail Sheet by JeffreyA. Ornstein, P.A. and date stamped (October 2, 2001) into
the Planning and Zoning Division, sheet 1 a.
4. First Floor Plan by Jeffrey A. Ornstein, P.A. and date stamped (September 12,
4
Ordinance 41, 2001
Meeting Date: February 21, 2002
Date Prepared: February 5, 2002
Petition PUD -01 -09
2001) into the Planning and Zoning Division, sheet 2.
5. Second Floor Plan by Jeffrey A. Ornstein, P.A. and date stamped (August 24,
2001) into the Planning and Zoning Division, sheet 3.
6. Third Floor Plan by Jeffrey A. Ornstein, P.A. and date stamped (August 24, 2001)
into the Planning and Zoning Division, sheet 4.
7. Roof Plan by Jeffrey A. Ornstein, P.A. and date stamped (August 24, 2001) into
the Planning and Zoning Division, sheet 5.
8. Transverse Section 'A' Plan by Jeffrey A. Ornstein, P.A. and date stamped
(August 24, 2001) into the Planning and Zoning Division, sheet 8.
9. South and East Elevations by Jeffrey A. Ornstein, P.A. and date stamped
(October 24, 2001) into the Planning and Zoning Division, sheet 15.
10. North and West Elevations by Jeffrey A. Ornstein, P.A. and date stamped
(October 24, 2001) into the Planning and Zoning Division, sheet 16.
11. Landscape Development Plan by Gentile Holloway O'Mahoney & Associates, Inc.
and date stamped (October 15, 2001) into the Planning and Zoning Division, sheet
L -1.
12. Landscape Specification Sheet by Gentile Holloway O'Mahoney & Associates, Inc.
and date stamped (October 15, 2001) into the Planning and Zoning Division, sheet
L -2.
13. Site Lighting Plan by Chane, Inc. and date stamped (October 24, 2001) into the
Planning and Zoning Division, sheet SL1.
14. Conceptual Irrigation Plan by Gentile Holloway O'Mahoney & Associates, Inc. and
date stamped (August 24, 2001) into the Planning and Zoning Division, sheet IR-
1.
15. Site Engineering Plan by Tom McCarthy and date stamped (October 2, 2001) into
the Planning and Zoning Division, sheet 1 of 1.
16. Traffic Impact Analysis (Parcel 12.04) by Yvonne Ziel Traffic Consultants, Inc. and
dated April 19, 2000.
17. Traffic Impact Analysis (Parcel 12.05) by Yvonne Ziel Traffic Consultants, Inc. and
dated April 24, 2000.
18. Traffic Equivalency Statement (Parcel 12.05) by Yvonne Ziel Traffic Consultants,
Inc. and dated August 21, 2001.
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.
5
Ordinance 41, 2001
Meeting Date: February 21, 2002
Date Prepared: February 5, 2002
Petition PUD -01-09
SECTION 7. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS 15th DAY OF NOVEMBER 2001.
PLACED ON SECOND READING THIS a21 DAY OF r"Ptu ors y 2002.
PASSED A P O 4OPTED THIS P I L DAY OF V &gRuAR)/ 2002.
JOSEPH R. RUSSO
ILMAN DAVID CLARK
,C.
COUNCIL AN CARL SABATELLO
ATTEST-BY :�,`
CAROL -GO.L
CITY-CL`-I�KE,_
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
g /john: pud0109.or3
COUNCILWOMAN LAUREN FURT DO
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY ATTORNEY
AYE
6
NAY ABSENT
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 12.04
Ordinance 41, 2001
Meeting Date: February 21, 2002
Date Prepared: February 5, 2002
Petition PUD -01 -09
A parcel of land situate in Section 18, Township 42 South, Range 43 East; within
the City of Palm Beach Gardens, Palm Beach County, Florida, and being more
particularly described as follows:
That part of the Southeast Quarter (SE %) of said Section 18, lying Westerly of
the West right of way line of the C -17 Canal; lying Southerly of the South line of
that certain parcel of land described in Official Record Book 6377, at page 310;
lying Easterly of the East right of way line of MacArthur Boulevard, formerly
Gardens Boulevard, as described in Official Records Book 1332, page 6 and
Official Records Book 4418, page 788, and lying Northerly of the North right of
way line of Northlake Boulevard.
LEGAL DESCRIPTION:
PARCEL 12.05
A parcel of land situate in Section 18, Township 42 South, Range 43 East; within
the City of Palm Beach Gardens, Palm Beach County, Florida, and being more
particularly described as follows:
That part of the Southeast Quarter (SE Y44) of said Section 18, lying Westerly of
the West right of way line of MacArthur Boulevard, formerly Gardens Boulevard
as described in Official Records Book 1332, page 6 and Official Records Book
6738, page 43; lying Southerly of the South line of that certain parcel of land
described in Official Records Book 6356, at page 1768; and lying Northerly of the
North right of way line of Northlake Boulevard.
7
Ordinance 41, 2001
Meeting Date: February 21, 2002
Date Prepared: February 5, 2002
Petition PUD -01 -09
EXHIBIT "B"
BANYAN TREE PUD
LIST OF PERMITTED & CONDITIONALLY PERMITTED USES (* = conditional use)
RETAIL & COMMERCIAL
Appliance and Electronic Store
Bakery
*Barber /Beauty Supplies and Equipment Sales (no wholesale; retail only)*
Bicycle Sales and Repair
Bookstore
Clothing and Accessory Store
*Drugstore or Pharmacy, General*
Drugstore or Pharmacy, Ltd.
Floral or Florist Shop (Retail Only)
Fruit and Vegetable Market
Gift and Card Shop
Grocery Store, Retail (specialty; under 20,000 square feet)
Hardware, Paint, Glass, Wallpaper and Floor Covering Store
Hobby, Fabric, and Craft Shop
Jewelry Store, including Repair of Jewelry and Clocks
Medical and Dental Supply Sales (no wholesale; retail only)
Pottery Shop
Restaurant, General
Restaurant, Specialty
Restaurant, Quality
*Retail, General (Growth Management Director has discretion to require a conditional use
permit on a case by case basis)*
PERSONAL SERVICES
*Bank/Financial Institution w /Drive Through*
Bank/Financial Institution w/o Drive Through
*Barber /Beauty Shops*
Catering Service
Clinic, Medical or Dental
Clinic, Veterinary
Data Processing Service
*Day Care, Child and Adult*
CONTINUED NEXT PAGE
8
Ordinance 41, 2001
Meeting Date: February 21, 2002
Date Prepared: February 5, 2002
Petition PUD -01 -09
Express or Parcel Delivery Office
*Health, Physical Fitness, Weight Reduction, and Spa*
Laboratory, Dental, or Medical
Laundry and Dry- Cleaning Pickup Station
Mail and Packing Store, Private
*Personal Services*
Picture Framing
Photo Studio and Processing
Print Shop
Studio, Instructional
Studio, Professional
Travel Agency
*Video Rental and Sales*
OFFICE
Employment Office
Interior Design, including Sales
Office, Medical or Dental
Office, Professional and Business
Optical, Optician or Optometrist Offices
Veterinary Office and Clinic (no boarding)
PUBLIC AND INSTITUTIONAL
Post Office
Post Office, Accessory
*Schools, Public and Private*
CULTURAL ENTERTAINMENT AND RECREATIONAL
Art Gallery and Museum, Public or Private
Club or Lodge, Private
*INDUSTRIAL AND MANUFACTURING*
*Laboratory, Industrial R &D (not heavy industrial)
*Printing and Publishing (not heavy industrial) *
NOTE: Industrial and Manufacturing uses shall not use noxious chemicals or odor
producing chemicals and /or equipment. These uses shall emphasize technology,
laboratory research and testing, medical research and testing, and high tech publishing
that uses modern printing and replication technologies (i.e.: digital scanning).
CONTINUED NEXT PAGE
9
OTHER
Accessory Uses
Satellite Dishes, Accessory
10
Ordinance 41, 2001
Meeting Date: February 21, 2002
Date Prepared: February 5, 2002
Petition PUD -01 -09
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As Amended and Approved by council May 15, 2003
Ordinance 11, 2003
ORDINANCE, 11, 2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA PROVIDING FOR THE APPROVAL
OF AN AMENDMENT TO THE BANYAN TREE PLANNED UNIT
DEVELOPMENT (PUD) IN ORDER TO CONSTRUCT PHASE III OF
THE PUD, GENERALLY LOCATED ON THE NORTHEAST
CORNER OF NORTHLAKE AND MACARTHUR BOULEVARDS
(PARCEL 12.04), AS MORE PARTICULARLY DESCRIBED
HEREIN; PROVIDING FOR A WAIVER; PROVIDING FOR
CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Palm Beach Gardens previously approved Ordinance 41,
2001 thereby approving the Banyan Tree PUD, including site plan approval for Phase I
of the PUD, a 40,900 square -foot office building (blood bank), and conceptual approvals
for Phases II and III of the PUD; and
WHEREAS, the City of Palm Beach Gardens received an application (PUD -02-
02) for an amendment to the Banyan Tree PUD to allow the construction of Phase III of
the PUD, which is comprised of two (2) office buildings totaling 24,700 square feet, a
2,780 square -foot bank, and a 5,000 square -foot restaurant building, generally located
on the northeast corner of Northlake and MacArthur Boulevards on Parcel 12.04, as
more particularly described in Exhibit "A" attached hereto; 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 has recommended
approval of the petition; and
WHEREAS, on January 28, 2003, the City's Planning and Zoning Commission
reviewed said application and recommended that it be approved subject to the
conditions stated herein; and
WHEREAS, the City Council has determined that the adoption of this Ordinance
to be in the best interest of the citizens and residents of the City of Palm Beach
Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
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As Amended and Approved by Council May 15, 2003
Ordinance 11, 2003
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the amendment to the Banyan Tree'PUD to allow the construction of Phase III
of the PUD, which is comprised of two (2) office buildings totaling 24,700 square feet, a
2,780 square -foot bank, and a 5,000 square -foot restaurant building on Parcel 12.04, as
more particularly described in Exhibit "A" attached hereto.
SECTION 3. Said amendment to the Planned Unit Development is approved
subject to the following conditions, which shall be the responsibility of the applicant, its
successors, or assigns:
1. The applicant shall comply with all applicable conditions listed in Ordinance
41, 2001. (Planning and Zoning)
2. The awnings on the buildings in Phase III shall be one color (green).
(Planning and Zoning)
3. The applicant shall submit, within 30 days of approval of this petition, a
separate application for an amendment to the Banyan Tree PUD in order to
obtain approval of a signage program for Phase III. (Planning and Zoning)
4. The build -out date for this project is December 31, 2003, per Ordinance 50,
2002. (Planning and Zoning)
5. Construction access for Phases 1, II, and III shall only occur from Northlake
Boulevard; no construction access shall be permitted from MacArthur
Boulevard. (Planning and Zoning)
6. The applicant shall comply with Crime Prevention Through Environmental
Design (CPTED) guidelines in accordance with Ordinance 41, 2001.
(Police)
7. Prior to the issuance of the first building permit for Phase III, the applicant
shall meet all of the City of Palm Beach Gardens' and the South Florida
Water Management District's (SFWMD) drainage requirements. (City
Engineer)
8. Prior to the issuance of the first building permit for Phase III, the applicant
shall provide a vehicular pavement marking and signage plan to the City for
review and approval by the City Engineer. (City Engineer)
9. Prior to the issuance of the first building permit for Phase III, the applicant
shall sign a cross - parking agreement with the City in order to allow users of
the Lake Catherine Sports Complex to park on the subject site during off -
work hours and weekends at no cost to the City. (City Engineer)
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As Amended and Approved by Council May 15, 2003
Ordinance 11, 2003
10. Prior to the issuance of the first building permit for Phase III, the applicant
shall replat Phase III of the Banyan Tree PUD to incorporate all proposed
easements and provide limited access easements along Northlake
Boulevard and MacArthur Boulevard. (City Engineer)
11. Prior to the issuance of the first Certificate of Occupancy for Phase III, the
applicant shall construct a drainage pipe system and fill the existing ditch
along the north property line to accommodate pass- through drainage from
MacArthur Boulevard. A sufficient easement for the drainage pipe shall be
provided in favor of the City, and the drainage easement dedication shall be
reviewed and approved by the City on the replat. (City Engineer)
12. Prior to the issuance of the first building permit for Phase III, the applicant
shall provide to the City proof of the abandonment of the gas regulator
easement. (City Engineer)
13. Prior to the issuance of the first building permit for Phase III, the applicant
shall provide a letter of authorization from FP &L allowing the applicant to
pave and landscape within the FP &L easement and to eliminate the anchor
and anchor easement. (City Engineer)
14. Within six (6) months of the issuance of the first clearing permit for Phase
III, the applicant shall install the landscaping, irrigation, hardscape, and
lighting within the entire median and all of the northern roadway shoulder of
Northlake Boulevard between the eastern and western termini of the
property based on the Michael Redd and Associates Northlake Boulevard
Streetscape Plans dated November 22, 2002. Upon completion, the City
shall reimburse the applicant for one -half (1/2) of the cost of said
improvements within said median. (City Forester)
15. In the event that the City of Palm Beach Gardens, or another entity, forms a
special district pertaining to the landscape maintenance of Northlake
Boulevard, then the applicant, successors, and assigns shall automatically
become a member of such special district. This condition may be amended
at any time by separate agreement between the applicant and the City of
Palm Beach Gardens. In the event a special district is not created, the City
of Palm Beach Gardens reserves the right to bill the applicant, successors,
or assigns for their fair share of the maintenance of the aforementioned
Northlake Boulevard right -of -way enhancements. (City Forester)
16. The landscape plan for the portion of MacArthur Boulevard between
Northlake Boulevard and the northern terminus of the subject property shall
be submitted by the applicant and approved by the City Staff simultaneously
with the construction plan for the road improvements thereon. (City
Forester)
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As Amended and Approved by Council May 15, 2003
Ordinance 11, 2003
17. Prior to the issuance of the first building permit for Phase III, the applicant
shall replat Phase III to include the dedication of right -of -way for the
MacArthur Boulevard improvements (as approved by the City), limited
access easements, utility easements, etc. (City Engineer)
18. The property owners for Phases II & III shall construct the MacArthur
Boulevard improvements (landscaping, irrigation, hardscape, lighting,
median drainage, traffic calming measures, and right -of -way dedication), as
approved by the City, within the MacArthur Boulevard right -of -way between
Northlake Boulevard and the northern terminus of the property. The
construction of the roadway improvements shall commence within six (6)
months of this approval. (City Engineer and Planning and Zoning)
19. Prior to the issuance of the first building permit for Phase III, the applicant
shall work with the City Engineer and City Staff to complete the detailed
design of the required MacArthur Boulevard improvements and upon
completion, submit a final site plan for review and approval by the Growth
Management Department. (City Engineer and Planning and Zoning)
20. The City of Palm Beach Gardens reserves the right to bill the applicant,
successors, or assigns for their fair share of the maintenance of the
aforementioned MacArthur Boulevard right -of -way enhancements. (City
Forester)
21. Prior to the issuance of the first building permit for Phase III, the applicant
shall pay the required 1% of construction cost towards Art in Public Places
for the building project or provide art in public places on the site equal to the
cumulative construction value, should the aggregate cost of the project
exceed the $1,000,000.00 threshold for construction value. If the applicant
chooses to provide the art on site, the applicant shall be required to install
the approved art on site, as approved by the Art Advisory Committee and
City Council, prior to issuance of the first Certificate of Occupancy for Phase
III. (Planning and Zoning)
22. Prior to the issuance of the first Certificate of Occupancy for Phase III, the
applicant shall dedicate the required right -of -way and construct westbound
right -turn lanes at both the project's Northlake Boulevard entrance and the
MacArthur Boulevard /Northlake Boulevard intersection as approved by
Palm Beach County, the City Forester, and the City Engineer. The right -of-
way shall be dedicated to and maintained by Palm Beach County. (City
Engineer)
23. Within thirty (30) days of the effective date hereof, the applicant shall submit
revised site and landscape plans to reflect the westbound right -turn lanes at
both the project's Northlake Boulevard entrance and the MacArthur
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As Amended and Approved by Council May 15, 2003
Ordinance 11, 2003
Boulevard /Northlake Boulevard intersection as approved by Palm Beach
County, the City Forester, and the City Engineer. (Planning and Zoning)
24. The applicant shall comply with Section 78 -324 of the City's Land
Development Regulations, Roadway Beautification Plan, which requires the
applicant to maintain the landscaping on the rights -of -way adjacent to
Phase III. (City Forester)
SECTION 4. Condition No. 19 of Ordinance 41, 2001, is hereby amended to
read as follows:
19. The applicant, successors or assigns shall submit a revised traffic analyseis
with the submission of the development application for Phases 2 and 23. The
traffic analysis for Phase 2 shall show the exit from the site onto MacArthur
Boulevard as a right -out only. The tFaffiG analysis fbF Phase 3 shall show
................_. .r , ....v --v- r..v.... .......v vv v..v.... ...v ........y. --- v. .., — •. — _-
(no
egress)-. Subsequent amendments to the PUD to include Phases 2 and
3 shall reflect these said access points as described above. (Planning and
Zoning)
SECTION 5. The following waiver is hereby granted with this approval:
1. Section 78- 157(h)(7) of the City's Land Development Regulations (LDR),
which requires all applications for mixed use planned unit development
districts (MXD), or amendments thereto, to submit a signage program, to
allow for approval of the subject petition without the submission of a signage
program at this time.
SECTION 6. All development for Phase III of the PUD shall be in compliance
with the following plans on file with the City's Growth Management Department:
1. Sheet SP -1: Site Development Plan, prepared by Gentile, Holloway,
O'Mahoney & Associates, Inc., last revised on April 14, 2003, and received
and stamped by the Planning and Zoning Division on April 25, 2003.
2. Sheet SP -2: Site Development Details, prepared by Gentile, Holloway,
O'Mahoney & Associates, Inc., last revised on January 15, 2003, and
received and stamped by the Planning and Zoning Division on April 25,
2003.
3. Sheet L -1: Landscape Development Plan, prepared by Gentile, Holloway,
O'Mahoney & Associates, Inc., last revised on April 14, 2003, and received
and stamped by the Planning and Zoning Division on April 25, 2003.
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As Amended and Approved by Council May 15, 2003
Ordinance 11, 2003
4. Sheet L -2: Landscape Specification Sheet, prepared by Gentile, Holloway,
O'Mahoney & Associates, Inc., last revised on April 14, 2003, and received
and stamped by the Planning and Zoning Division on April 25, 2003.
5. Sheets A -1 and A -2: Bank Building Elevations, prepared by Tektonica,
dated February 6, 2003, and received and stamped by the Planning and
Zoning Division on April 14, 2003.
6. Sheet A -3: Bank Building Floor Plan, prepared by Tektonica, dated January
16, 2003, and received and stamped by the Planning and Zoning Division
on April 14, 2003.
7. Sheet A -1: Office Buildings Elevations, prepared by Tektonica, dated
February 6, 2003, and received and stamped by the Planning and Zoning
Division on April 14, 2003.
8. Sheets A -2 and A -3: Office Buildings Floor Plan, prepared by Tektonica,
dated February 6, 2003, and received and stamped by the Planning and
Zoning Division on April 14, 2003.
9. Sheet A -1: Restaurant Building Floor Plan, prepared by Tektonica, dated
October 10, 2002, and received and stamped by the Planning and Zoning
Division on April 14, 2003.
10. Sheets A -2 and A -3: Restaurant Building Elevations, prepared by Tektonica,
dated January 16, 2003, and received and stamped by the Planning and
Zoning Division on April 14, 2003.
SECTION 7. This approval expressly incorporates and is contingent upon
representations made by the applicant or applicant's agents at all workshops and public
hearings pertaining to this project.
SECTION 8. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
G
Date Prepared: April 23. 2003
Ordinance 11, 2003
1 PASSED this %05�' day of IW&i I- , 2003, upon first reading.
2
3 PASSED AND ADOPTED this day of, 2003, upon
4 second and final reading.
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7 C OF CH GARDENS FOR AGAINST ABSENT
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9 BY: cT
10 Eri or
I1
12 r�
13 Ca ello, Vice ayor
14 J
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16 avid C , C n7 ember
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19 Jo ss o cilmember
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22 Annie Marie Delgado, Councilmember
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25 ATTEST::
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28 BY: -
29 Patricia S aid6r, City-Clerk
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31 APPROVED -AS TO: FORM AND
32 LEGAL SUFFICIENCY
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34
3s BY:
36 Christine P. Tatum, City Attomey
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7
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 12.04
Date Prepared: April 23, 2003
Ordinance 11, 2003
A parcel of land situate in Section 18, Township 42 South, Range 43 East; within the
City of Palm Beach Gardens, Palm Beach County, Florida, and being more particularly
described as follows:
That part of the Southeast Quarter (SE' /) of said Section 18, lying Westerly of the West
right of way line of the C -17 Canal; lying Southerly of the South line of that certain
parcel of land described in Official Record Book 6377, at page 310; lying Easterly of the
East right of way line of MacArthur Boulevard, formerly Gardens Boulevard, as
described in Official Records Book 1332, page 6 and Official Records Book 4418, page
788, and lying Northerly of the North right of way line of Northlake Boulevard.
i
STEPHEN S. MATHISON, P.A.
ATTORNEYS AT LAW
Stephen S. Mathison, P.A.
Of Counsel.
Frederic T. DeHon, Jr., P.A
March 26, 2003
Via Hand Delivery
Mr. TalaI Benothman
Principal Planner
City of Palm Beach Gardens
Planning and Zoning Department
10500 North Military Trail
Palm Beach Gardens, Florida 33410
j1
PGA Concourse Building
5606 PGA Boulevard, Suite 211
Palm Beach Gardens, FL 33418
Telephone: (561) 624 =2001
Telecopier: (561) 624 -0036
Re: South Florida Blood Banks - Northlake Boulevard Facility
Banyan Tree P.U.D. Ordinance 41 - 2002
Our File Number 4144
Dear Talal:
I am pleased to file South Florida Blood Banks, Inc.'s Application for P.U.D. /Site Plan Amendment.
As you know, the purpose of the attached Application is to facilitate the request of the adjacent
Property Owner's Association to increase the buffer wall between the Blood Bank facility and the
Property Owner's Association property from 6' to 8'. The request also provides for enhancement of
the Northlake Boulevard entrance to the project and right -of -way for the MacArthur Boulevard
round -about at the historic Banyan Tree located to the east of the project. For your information, I
am enclosing a letter Gf support for the Application received from Association President Shirley
Goodson.
As stated in the Application, South Florida Blood Banks, Inc. is seeking a- waiver as to the height
rei4uirement for the wall in order to increase its height from 6' to i3' and is requesting waiver of the
application fee in the amount of $2,200.00. The basis for the Application fee waiver is the Blood
Bank agreeing upon final approval of this Application to incur the cost of increasing the wall height
from its current approved height of 6' to 8'. lam informed by Blood Bank representatives that the
cost of increase of the wall height exceedn.is tly in excess of the $2,200.00
fee waiver requested.
`k
Mr. Talal Benothman
Principal Planner
City of Palm Beach Gardens
March 26, 2003
Page Two
As you know, we are proceeding on a very time sensitive basis with respect to construction
schedules. As such, your assistance in facilitating a fast track of this Application would be most
greatly appreciated_
KII
Ste
SSM/sh
Attachments
cc: Mayor Eric Jablin w /out attachments
Ronald Ferris w /out attachments
Charles Wu w /out attachments
John H. Flynn w /out attachments
STEPHEN S. MATHISON, P.A.
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CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698
May 12, 2003
Mr. Louis J. Satriano, President
Property Owners Association at Lake Catherine
4703 Lakemont Court
Palm Beach Gardens, Florida 33403
Re: Eight -Foot Wall and Fuel Storage Tanks at South Florida Blood Bank
on Northlake Blvd.
Dear Mr. Satriano,
Thank you for your letter dated April 17, 2003, regarding the wall and fuel storage
tanks on the South Florida Blood Bank property. You raised a question on the
wall and several on the fuel storage tanks.
First, the eight -foot wall will be installed after the pending amendment to the
Banyan Tree Planned Unit Development (PUD) is approved by the City Council.
The applicant is requesting approval to increase the height of the wall from six to
eight feet, as part of the PUD amendment application.
Second, the Blood Bank received permits from permitting agencies for two fuel
tanks, each with a capacity of 2,000 gallons. The total capacity of both tanks is
4,000 gallons, as confirmed by Mr. Mathison, legal representative of the Blood
Bank, in his recent letter dated May 8, 2003. One tank will be used for gasoline
storage and the other for diesel fuel storage. The South Florida Blood Bank
employees will fill the trucks (Blood Mobiles) and operate the fuel storage tanks,
as is the case on the Blood Bank facility located on 45t` Street in West Palm
Beach, according to Mr. Mathison.
Third, the approved site plan for the South Florida Blood Bank facility on
Northlake Boulevard reflects two above ground fuel storage tanks, and does not
reflect the capacity of the tanks since the City does not regulate fuel storage
tanks. The State and County regulate such facilities. If you would like a copy of
the approved site plan, please feel free to visit our Planning and Zoning Division
who will provide you with the requested copy.
Fourth, in our letter dated November 20, 2002, we mentioned that the South
Florida Blood Bank "plans to install two above ground fuel tanks, each with a
capacity of one thousand gallons." This information was provided to you based
on the information we received from the South Florida Blood Bank.
Blood Bank Letter
May 12, 2003
Page Two
The attached correspondence from Mr. Mathison answers the questions raised in
your recent letter, and confirms the permitted capacity of the fuel tanks.
If you need additional information or have additional questions, please feel free to
contact our Department of Growth Management at 799 -4243.
Sincerely,
d*& r, Ut,
Charles K. Wu, AICP
Growth Management Administrator
CKW /tb
Attachment: Stephen S. Mathison, P.A. Letter
CC: Ron Ferris, City Manager
Talal Benothman, Principal Planner
Michael Sanchez, Senior Planner
Stephen Mathison, P.A.
Tbenothman /Satna no ltr
05/08/2003 10:53 5616240036 MATHISON PA PAGE 02
STEPHEN S. MATI#SON, P.A.
ATTORNEYS AT LAW!!
Stephen S. Mathison, P.A.
Of Counsel
Frederic T. DcHon, Jr., Y.A.
May 8, 2003
VIA FACSIMILE - 799 -4281
Mr. Talal Benothrnan
Principal Planner
City of Palm Beach Gardens
Planning and Zoning Depaxty ent
10500 North Military Trail
Palm Beach Gardens, Florida 3410
Re: South Florida Blood Panks, Inc.
Our File Number 4144
Dear Talal:
Per your request, I am writing this letter in response to coi
City anager on enri , 3-.-A copy o
attached for your reference. I i response to Mr. Satriano's
follows: r !
1. As a part of the PUD
the South Florida Blood Ban
between the Blood Bank pro
Lake Catherine from 6 feet i
of the adjacent residents and
Amendment Application.
2. As to the fuel storage
permitting agencies, and hav,
each 2,000 gallons in capacit
diesel fuel. The fuel tanks w
site plan.
As we have discussed, there
capacity of the tanks for the
the Blood Bank, however, a
governmental agencies refle
diesel fuel-
G.A. Concourse Building
i06 PGA Boulevard, Suite 211
tlm Beach Gardens, FL 33418
elephone: (561) 624 -200t
elecopier: (561) 624-0036
from Louis I Satriano to
please be advised as
amendment Application currently under consideration by the City,
s, Inc. is proposing to increase the he ght of the buffer wall
arty and the adjacent residential neie borhoods of Sun Terrace and
height to 8 feet in height. This increa a in height is per the request
he City, and as you know is continge t upon approval of the PUD
anks, I have made inquiries with the lood Bank and appropriate
determined that the fuel storage facil Lty will consist of two tanks,
. One tank will be for gasoline, and I he other tank will be for
.1 be located and screened in accordar ce with the current approved
as apparently been some confusion ith respect to the actual
lood Bank facility. I apologize if a113 of this confusion arose from
records with respect to permitting and approvals by all
a capacity of 2,000 gallons for gasol ne and 2,000 gallons for
05/00/2003 10:53 5616240036
City of Palm Beach Gardens
ATTN_ Talal Benothman
Page 2
May 8, 2003
The Blood Bank facility vehi
same manner as has been the
facility on 45th Street in We!
been absolutely no incident a
gasoline tanks or fueling of F
Talal, l trust this letter adequ
correspondence of April 17,
additional questions or if I c�
Sincerely,
Stephen S. Mathison
SSM/pcw
cc: Mr. John Flynn
Mr. Jeffrey Ornstein
INIU .-.�le�
PAGE 03
(Blood Mobiles) will be filled by I Ilood Bank employees in the
;tire of the Blood Bank for over my years at its existing
Im Beach. Please note that during hat time period there has
fated with spillage or other problei is associated with either fuel
1 Bank vehicles.
-ly responds to the questions contained in Mr. Satriano's
03. As always, please feel free to co tact me should you have any
be of additional assistance to you an City Staff.
05/08/2003 10:53 5616240036
SENT 8N: GROWTH MANAGEMENT;
April 17, 2003
Mr. Ron Ferris, City MW.
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach (}ardens, FL 334
Re:: Eight foot Wall & Fuel
Dnmr Mr. Ferris,
I'm writ* in regard to the eight
27, 2003 letter, to Shirley Goodw
adiaomt to the South Florida Blo
The installation of the wall. would
making a mess oa their patios. Th
W.- would also Wcs to know, was
The next big issue is in regaud to t
to install. As you know we had tr
meeting we had with Your Charfre
and Myself at City Flail.
Could you please respond to the f
MATHISON PA PAGE 04
5617994281; APR - X22 -03 3:OOPU; PAGE 2/2
CGG .
Louis J- Sattiano, President �l
y Owncm Association at Lake Cath"e
4703 Laketnont Court
Palm Beach Garden FL 33403 «�
18
Tanks at South Florida Blood Bank, inc.
it wall that Mr. Mathison said we will }re getting, per his February
KO -A President of Sun Terrace, Lak# Catherine. The homeowners
Bank property are asking, when will the eight foot wall be put up?
event the dust and dirt coming t}om thb construction area and
ust is also creating health problems to Isome of our homeowners.
permit ever issued for the installation orthe wall?
above ground Fuel Storage Tank that Iso, Fl. Blood Bank is going
y questions that were not answeued at he: January 16, 2003
u, City Attorney, Ivir. Mathison, Robeh Sheehan, Shirley Goodson
1- Request for a copy Qt. the So. FL Bloo
2. Fuel Storage Tank
a) What size tank was approver Mr
b) What type of Fuel would be shored
c) Who would fill the trucks? ;
Yvur earliest response would be
Sincerely,
"�4� A—z
Louis I Satxian,o
J Bank written site plan. (Origuudland any changes)
Wu said two 1,000 gal tanks & L nvironmental said 4,000 gal.
in the tank?
i
ted. '
Pr��sidcnt .
Cc. Shirley Goodson, President, Sun Terrace at Lake Catherine H.O.A
Aamin Jacksori� President, Dedf rd H.O.A,
Robert Sheehan,.Secretany, Sun reffam at Gardens tLO.A
M...yor Frio lnfalin
i
Q Aft
JUN -25 -2003 09:59 LBFH PALM CITY FL 561 286 3925 P.03i05
LbF
INC
CONSULTING CIVIL ENGINEERS,
SURVEYORS &MAPPERS
CIVIL
AGRICULTURAL
WATER RESOURCES
WATER & WASTEWATER
TRANSPORTATION
SURVEY tic MAPPING
GIS
"Partners For Results
Value By Design"
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
(772) 286 -3883
Fax (772) 286 -3925
www.lbih.com
MEMORANDUM
TO:
Michael Sanchez
FROM:
Sean C. Donahue, P.E.
DATE:
June 25, 2003
FILE NO.
99 -4051
SUBJECT: Banyan Tree PUD Phase III (AKA Parcel 12.04)
The City's traffic consultant has determined that the time extension request meets the City
of 'Palm Beach Gardens Traffic Performance Standards. A copy of MTP Group's
memorandum is attached. We have no engineering concerns with approving the time
extension as requested to the year 2006.
SCD/
cc: Talal Benothman
PA\Pbgmcmo\4051\4051r.doc
JUN -25 -2003 09:59 LBFH PALM CITY FL 561 286 3925 P.02i05
INC.
CONSUMNG CML ENGINEERS,
SURVEYORS &?&TPER$
CIVIL
AGRICULTURAL
WATER RESOURCES
WATER & WASTEWATER
TRANSPORTATION
SURVEY & MAPPING
GIS
"Partners For Rcsults
Valuc By Design"
3550 S.W. Corporatc Pkwy.
Palm City, FL 34990
(772) 286 -3883
Fax (772) 286 -3925
www.lbfh.com
MEMORANDUM
TO:
Michael Sanchez
FROM:
Sean C. Donahue, P.E.
DATE:
June 25, 2003
FILE NO.
99 -4052
SUBJECT: Banyan Tree PUD Phases 1 & H (AKA Parcel 12.057
The City's traffic consultant has determined that the time extension request meets the City
of Palm Beach Gardens Traffic Performance Standards. A copy of MTP Group's
memorandum is attached. We have no engineering concerns with approving the time
extension as requested to the year 2006. Please be sure to include the conditions of
approval on MTP Group's memorandum in the development order.
5CD/
cc: Talal Benothman
PAPBGM 8M014052\4052zhhdoc
JUN -25 -2003 09:59 LBFH PALM CITY FL 561 286 3925 P.04i05
V -405-1
MTP Group, Inc.
12798 Forest Hill Boulevard, Suite 303
Wellington, R 33414
Phone: (561) 795 -0678 Te/efex: 15611 795 -0230
MEMORANDUM RECEIVED
JUN 2 0 2003
To: Sean C. Donahue, P.E. LBFH, x. palm City
LBFH, Inc. n !
From: Maria M. Tej era, P. E.
Date: June 19, 2003 1
Subject: Banyan Tree PUD (Parcel 12.04) Time Extension
We have completed a review of the Concurrency Traffic Impact Analysis for Parcel 12.04 dated
October 21, 2002 and additional information included in a fax dated June 18, 2003 for the project
entitled Banyan Tree PUD (Parcel 12.04) pursuant to the Traffic Performance Standards (TPS)
in Article 15 of the Palm Beach County Land Development Code. The project is to be located
on the northeast quadrant of the intersection of Northlake Boulevard and MacArthur Boulevard.
Access to the site is provided through a right- turn -in /right - turn -out access driveway on Northlake
Boulevard and two driveway connections to MacArthur Boulevard. The northern driveway on
MacArthur Boulevard allows right turns only while the southern driveway allows right turns in
and out. The proposed development plan consists of 24,700 square feet of office use, a 5,000
square foot quality restaurant and a 3,900 square foot drive -in bank. The project buildout has
been analyzed for the year 2006.
We find the project in compliance with the City of Palm Beach Gardens Traffic Performance
Standards.
Any revisions to site access will trigger a reevaluation of traffic impact.
Additional tra,, f j°ic related issues may arise during the site plan approval process. The City of Palm
Beach Gardens may impose traffic conditions in the Development Order to assure safe, convenient
and orderly flow of vehicular traffic within the City.
CADoguments and SellingslMny" DocumenisXmlp"OPemel 12.04 Time ExdeneionAppr.wpd
JUN -25 -2003 09:59 LBFH PALM CITY FL 561 286 3925 P.05i05
Af TP Group, Inc. /
12798 Forest H111 Boulevard, Suite 303
Wellington, R 33414
Phone: (561) 795 -0678 Telefax: (5611 795 -0230
MEMORANDUM
To: Sean C. Donahue, P.E.
LBFH, Inc. f
From: Maria M. Tejera, P.E.
Date: June 19, 2003
Subject: Parcel 12.05 Time Extensions
We have completed a review of the Concurrency, Traffic Impact Analysis for Parcel 12.05 dated
October 21, 2002 and additional information included in a fax dated June 18, 2003 for the project
entitled Parcel 12.05 pursuant to the Traffic Performance Standards (TPS) in Article 15 of the
Palm Beach County Land Development Code. The project is to be located on the northwest
quadrant of the intersection of Northlake Boulevard and MacArthur Boulevard. Access to the site
is provided through a right- turn -in /right -turn -out access driveway on Northlake Boulevard, and
a right- turn- in/right- turn- out/left- turn-in access driveway on MacArthur Boulevard. The
proposed development plan consists of 38,500 square -feet of retail use and 41,000 square -feet of
office use. The project buildout has been analyzed for the year 2006.
We find the project in compliance with the City of Palm Beach Gardens Traffic Performance
Standards subject to the following conditions:
1. An exclusive right -turn lane is required at the project access driveway along
Northlake Boulevard.
2. An exclusive left -turn lane is required at the project access driveway along
MacArthur Boulevard.
Any revisions to site access will trigger a reevaluation of traffic impact.
Additional traffic related issues may arise during the site plan approval process. The City of Palm
Beach Gardens may impose additional traffic conditions in the Development Order to assure safe,
convenient and orderly flow of vehicular traffic within the C7ty.
G.\)ocwn=1A nod Seakp\Milyft Domn+rnt.\tntpWBG\P*rce112.05 Time Fxtm ion.Appr.wpd
TnT01 P CIR
Ordinance 17, 2003
Proposed Amendments
(Page 1 of 2)
Existing:
SECTION 3: Said amendment to the Planned Unit Development is approved
subject to the following conditions, which shall be the responsibility of the
applicant, its successors, or assigns:
5. Prior to the issuance of the Certificate of Occupancy for Phase I, the
applicant shall replat Phase II to include the dedication of right -of -way for
the MacArthur Boulevard improvements (as approved by the City). (City
Engineer)
Proposed:
SECTION 3: Said amendment to the Planned Unit Development is approved
subject to the following conditions, which shall be the responsibility of the
applicant, its successors, or assigns:
1 I r MINE
5. Prior to the effective date hereof, the applicant shall dedicate the right-of-
way for the MacArthur Boulevard improvements (as approved by the City).
(City Engineer)
6. Within 10 days of the effective date hereof, the applicant, successors or
assigns shall submit a replat of Phases I and II indicating all
encumbrances, limited access easements, etc. on -site for review and
approval by the City. (City Engineer)
7. Within 90 days of the effective date hereof, the applicant, successors or
assigns shall complete the replat of Phases I and II and the plat shall be
recorded in the Public Records of Palm Beach County. (City Engineer)
Ordinance. 17, 2003
Proposed Amendments
(Page 2 of 2)
Existing:
SECTION 3: Said amendment to the Planned Unit Development is approved
subject to the following conditions, which shall be the responsibility of the
applicant, its successors, or assigns:
8. Prior to the issuance of the Certificate of Occupancy for Phase I, the
applicant shall pay the required 1% of construction cost towards Art in
Public Places for the building project or provide art in public places on the
site equal to the cumulative construction value, should the aggregate cost
of the project exceed the $1,000,000.00 threshold for construction value.
If the applicant chooses to provide the art on site, the applicant shall be
required to install the approved art on site, as approved by the Art
Advisory Committee and City Council, prior to issuance of the first
Certificate of Occupancy for Phase I. (Planning and Zoning)
Proposed:
SECTION 3: Said amendment to the Planned Unit Development is approved
subject to the following conditions, which shall be the responsibility of the
applicant, its successors, or assigns:
8. Within 30 days of the effective date hereof. the applicant shall submit to
the City a Self - Executing Cash Escrow Letter, signed by the President of
the South Florida Blood Bank, Inc., which requires the applicant to pay to
the City a sum of $38,000.00 (which constitutes 1% of the construction
cost of the Blood Bank) within 120 days from the effective date hereof,
should the applicant fail to install art in public places on Phase I, as
approved by the Art Advisory Committee and City Council, within 120 days
of the effective date hereof. (Planning and Zoning)
the ifiGate Of 1 'GG panGY fGF Phase I,- he apppliGan+_ shall pay +ho
Fequired 0
value, should the aggregate GGSt of the prejeGt.
eXG8ed the $1,000,000.00 thFesheld fGF GenGtFUGVE)n value. I" the
site, the appliGaRt shall be FequiFed
to install the approved aFt en site, as appFE)ved by e
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Date Prepared: June 25, 2003
Revised for Second Reading: August 5, 2003
ORDINANCE 17, 2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
THE BANYAN TREE PLANNED UNIT DEVELOPMENT (PUD) IN
ORDER TO ALLOW MODIFICATIONS TO THE PREVIOUSLY
APPROVED MASTER PLAN FOR THE PUD AND TO ALLOW AN
EXTENSION TO THE BUILD -OUT DATE FOR THE PUD,
GENERALLY LOCATED ON BOTH THE NORTHEAST AND
NORTHWEST CORNERS OF NORTHLAKE AND MACARTHUR
BOULEVARDS (PARCELS 12.04 AND 12.05), AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING CONDITION
NO. 21 OF ORDINANCE 41, 2001 AND CONDITION NO. 4 OF
ORDINANCE 11, 2003; PROVIDING FOR WAIVERS; PROVIDING
FOR CONDITIONS OF APPROVAL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens previously approved Ordinance 41,
2001 thereby approving the Banyan Tree PUD Master Plan, including site plan approval
for Phase I of the PUD, a 40,900 square -foot office building (blood bank), and
conceptual approvals for Phases II and III of the PUD; and
WHEREAS, the City of Palm Beach Gardens received an application (PUD -03-
03) for an amendment to the Banyan Tree PUD, generally located on both the northeast
and northwest corners of Northlake and MacArthur Boulevards (Parcels 12.04 and
12.05), as more particularly described herein, to allow for modifications to the previously
approved Master Plan; 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 has recommended
approval of the petition; and
WHEREAS, on May 13, 2003, the City's Planning and Zoning Commission held
a public hearing and recommended approval of the amendment with the conditions
stated herein; and
WHEREAS, the City Engineer received an application to extend the build -out
date for the Banyan Tree PUD, previously established in Ordinance 41, 2001 and
restated in Ordinance 11, 2003, from December 31, 2003, to December 31, 2006; and
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Date Prepared: June 25, 2003
Revised for Second Reading: August 5, 2003
Ordinance 17, 2003
WHEREAS, the City Engineer and City's Traffic Consultant have indicated that
the request for a time extension meets the City of Palm Beach Gardens Traffic
Performance Standards and have no objections to extending the build -out date of the
Banyan Tree PUD to December 31, 2006.
WHEREAS, the City Council has determined the adoption of this Ordinance to be
in the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The application for modification to the previously approved Master
Plan and extension of the build -out date for the following described property is hereby
approved:
LEGAL DESCRIPTION:
PARCEL 12.04
A PARCEL OF LAND SITUATE IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43
EAST; WITHIN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PART OF THE SOUTHEAST QUARTER (SE 1/) OF SAID SECTION 18, LYING
WESTERLY OF THE WEST RIGHT OF WAY LINE OF THE C -17 CANAL; LYING
SOUTHERLY OF THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN OFFICIAL RECORD BOOK 6377, AT PAGE 310; LYING EASTERLY
OF THE EAST RIGHT OF WAY LINE OF MACARTHUR BOULEVARD, FORMERLY
GARDENS BOULEVARD, AS DESCRIBED IN OFFICIAL RECORDS BOOK 1332,
PAGE 6 AND OFFICIAL RECORDS BOOK 4418, PAGE 788, AND LYING
NORTHERLY OF THE NORTH RIGHT OF WAY LINE OF NORTHLAKE BOULEVARD.
PARCEL 12.05
A PARCEL OF LAND SITUATE IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43
EAST; WITHIN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PART OF THE SOUTHEAST QUARTER (SE 11) OF SAID SECTION 18, LYING
WESTERLY OF THE WEST RIGHT OF WAY LINE OF MACARTHUR BOULEVARD,
FORMERLY GARDENS BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS
BOOK 1332, PAGE 6 AND OFFICIAL RECORDS BOOK 6738, PAGE 43; LYING
SOUTHERLY OF THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND
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Date Prepared: June 25, 2003
Revised for Second Reading: August 5, 2003
Ordinance 17, 2003
DESCRIBED IN OFFICIAL RECORDS BOOK 6356, AT PAGE 1768; AND LYING
NORTHERLY OF THE NORTH RIGHT OF WAY LINE OF NORTHLAKE BOULEVARD.
SECTION 3. Said amendment to the Planned Unit Development is approved
subject to the following conditions, which shall be the responsibility of the applicant, its
successors, or assigns:
1. The applicant shall comply with all applicable conditions listed in Ordinance
41, 2001. (Planning and Zoning)
2. The build -out date for this project is December 31, 2006. (Planning and
Zoning)
3. Within 60 days of the effective date hereof, the applicant shall apply for a
permit from Palm Beach County to install the landscaping, irrigation,
hardscape, and lighting within the entire median and all of the northern
roadway shoulder of Northlake Boulevard between the eastern and western
termini of Phases I and II based on the Michael Redd and Associates
Northlake Boulevard Streetscape Plans dated November 22, 2002. Said
improvements shall be completed within six (6) months of the issuance of
said permit by the County. Upon completion, the City shall reimburse the
applicant for one -half (1/2) of the cost of said improvements within said
median. (City Forester)
4. In the event that the City of Palm Beach Gardens or another entity forms a
special district pertaining to the landscape maintenance of Northlake
Boulevard, the applicant, successors, and assigns shall automatically
become a member of such special district. This condition may be amended
at any time by separate agreement between the applicant and the City of
Palm Beach Gardens. In the event a special district is not created, the
applicant, successors, or assigns shall be responsible for payment of their
annual fair share of the maintenance of the aforementioned Northlake
Boulevard right -of -way enhancements. (City Forester)
5.
E giReer)
Prior to the effective date hereo-
way for the MacArthur Boulevarc
(City Engineer)
6. Within 10 days of the effective
assigns shall submit a replat of P
limited access easements, etc., c
(City Engineer)
3
the a
t
1 7.
Date Prepared: June 25, 2003
Revised for Second Reading: August 5, 2003
Ordinance 17, 2003
s 6:8. Prior to site plan approval by the City Council for Phase II, the property
6 owner for Phase II shall reimburse the City for one -half (1/2) of the cost of
7 the MacArthur Boulevard improvements (landscaping, irrigation, hardscape,
8 lighting, median drainage, traffic calming measures, and right -of -way
9 dedication), as approved by the City, within the MacArthur Boulevard right -
10 of -way between Northlake Boulevard and the northern terminus of the
11 property, along with interest in accordance with Florida Statutes. The
12 property owner for Phase II shall have input and participation in the
13 determination of cost and contract letting for said improvements. (City
14 Engineer and Planning and Zoning)
15
16 7—.9. The applicant, successors, or assigns shall be responsible for payment of
17 their annual fair share of the maintenance of the aforementioned MacArthur
18 Boulevard right -of -way enhancements. (City Forester)
19
20 9-.10.Drier to tho ioci�nnno of �ZVeFtifiGato of QGG pa v for Phase 1, i�- rvT— iv-- mc���garrvc -vT— crrmv�crc����ai� ,
21 appliGant shall pay the Fequired 1%
22
23 site equal to the GUmulatiVe GGRGtFUGtiGR value,
24 the pFojeGt 8XGeed the $1,000,000.00
25 appliGant Ghooses to pFovide the art en site, the appliGant shall be FequiFed
26 to install tthear�P d .art eR site, approved by the 4dyion�
27 Committee and Gity GeunGil,
28
29 Within 30 days of the effective date hereof, the applicant shall submit to the
30 City a Self-Executing Cash Escrow Letter, signed by the President of the
31 South Florida Blood Bank, Inc., which requires the applicant to pay to the
32 City a sum of $38,000.00 (which ! constitutes 1% of the construction cost of
33 the Blood Bank) within 120 days from the effective date hereof, should the
34 applicant fail to install art in public places on Phase 1, as approved by the Art
35 Advisory Committee and City Council, within 120 days of the effective date
36 hereof. (Planning and Zoning)
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38 9-.11.Prior to the issuance of any additional building permits for Phases I and 11,
39 the applicant shall provide a vehicular pavement marking and signage plan
40 to the City for review and approval by the City Engineer. (City Engineer)
41
42 4- 0-:12. The applicant shall comply with Section 78 -324 of the City's Land
43 Development Regulations, Roadway Beautification Plan, which requires the
44 applicant to maintain the landscaping on the rights -of -way adjacent to
45 Phases I and 11. (City Forester)
46
Date Prepared: June 25, 2003
Revised for Second Reading: August 5, 2003
Ordinance 17, 2003
1 4-4-13. Prior to the issuance of the first Certificate of Occupancy for Phase I, or
2 prior to the issuance of the first building permit for Phase II, whichever
3 occurs first, the applicant shall complete the construction of the eight (8) foot
4 screen wall located along the northern and a portion of the western property
5 lines. (Planning and Zoning)
6
7 414. Prior the issuance of the first Certificate of Occupancy for Phase I, the
8 applicant shall construct an exclusive westbound right -turn lane at the
9 access driveway into Phases I and 11 along Northlake Boulevard. (City
10 Engineer)
11
12 4.3 -:15. Prior the issuance of the first Certificate of Occupancy for Phase I, the
13 applicant shall construct an exclusive northbound left -turn lane at the
14 access driveway into Phases I and II along MacArthur Boulevard (City
15 Engineer)
16
17 SECTION 4. Condition No. 2 and Condition No. 21 of Ordinance 41, 2001 shall
18 be amended to read as follows:
19
20 2. PraeF to the issuanGe ef a GeFtifiGate Gf OGGUpanGy, the appliGaRt shall p!
21 $8,400
22
23 Banyan Tree DUD. The men y planed inte esGre\11/ far the heau}ifina }inn of
the readshe� ld and median adjan } to Phases `: and 3 shall he
24 cr,��vu vurcreFS- �+rra-�rr eF�� - ,-- rru�c�- �a„�v- �„z.-,��
25 addFessed when these phases request d y amen} approval (Planning
26 and Zeninn)
27
28 21. The build -out date for this project is December 31, 2006. 2002 as
29 TeferenGed an the flnril 19 2000 Traffin Imnar.} Analysis (Darnel 12.04) and
30 the nril 2 PTrGel 12.05) nrepaFed h"
31 Vyenne Zoe! Traffic Consultants, Inn (Planning & Zoning) `'YY`"��`"'``^' "�'J�
32
33 SECTION 5. Condition No. 4 of Ordinance 11, 2003 shall be amended to read as
34 follows:
35
36 4. The build -out date for this project is December 31, 2006. 2003 -pef
37 QFdiRanG8 50, 2002 (Planning and Zoning)
38
39 SECTION 6. The following waivers are hereby granted with this approval:
40
41 1. Section 78 -285 of the City's Land Development Regulations (LDR's),
42 Permitted Signs - to allow for a total of five (5) ground signs within the
43 Banyan Tree PUD.
44
45 2. Section 78 -285 of the City's Land Development Regulations (LDR's),
46 Permitted Signs - to allow for two (2) ground signs which are approximately
47 six (6) feet in height and 52 feet in width.
5
Date Prepared: June 25, 2003
Revised for Second Reading: August 5, 2003
Ordinance 17.2003
1 SECTION 7. All development for Phases I and II of the PUD shall be in
2 compliance with the following plans on file with the City's Growth Management
3 Department:
4
5 1. Sheet 01: Site Development Plan, prepared by Jeffrey A. Ornstein, P.A., last
6 revised on June 24, 2003, and received and stamped by the City on June
7 24, 2003.
8
9 2. Sheet 01x: Entry Wall Details, prepared by Jeffrey A. Ornstein, P.A., last
10 revised on May 28, 2003, and received and stamped by the City on May 30,
11 2003.
12
13 3. Sheet L -1: Landscape Development Plan, prepared by Gentile, Holloway,
14 O'Mahoney & Associates, Inc., last revised on May 22, 2003, and received
15 and stamped by the Planning and Zoning Division on May 28, 2003.
16
17 4. Sheet L -3: Entry Landscape Plan, prepared by Gentile, Holloway,
18 O'Mahoney & Associates, Inc., dated March 20, 2003, and received and
19 stamped by the Planning and Zoning Division on May 28, 2003.
20
21 SECTION 8. This approval expressly incorporates and is contingent upon
22 representations made by the applicant's agents at all workshops and public hearings
23 pertaining to this project.
24
25 SECTION 9. This Ordinance shall become effective immediately upon adoption.
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Date Prepared: June 25, 2003
Revised for Second Reading: August 5, 2003
Ordinance 17, 2003
1 PASSED this day of , 2003, upon first reading.
2
3 PASSED AND ADOPTED this day of , 2003, upon
4 second and final reading.
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7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
8
9
10 BY:
11 Eric Jablin, Mayor
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14 Carl Sabatello, Vice Mayor
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17 David Clark, Councilmember
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20 Joseph Russo, Councilmember
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23 Annie Marie Delgado, Councilmember
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25 ATTEST:
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29 BY:
30 Patricia Snider, City Clerk
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32 APPROVED AS TO FORM AND
33 LEGAL SUFFICIENCY
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37 BY:
38 Christine P. Tatum, City Attorney
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48 G: \attorney_share \ORDINANCES \Ordinance 17 2003 - REVISED FOR SECOND READING 8- 21- 03.doc
7
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: July 28, 2003
Meeting Date: August 21, 2003
Resolution 111, 2003
Subject /Agenda Item:
Resolution 111, 2003: Transmittal of Large -Scale Land -Use Amendment for Garden Oaks
Residential Development
Transmittal Hearing: A City- initiated request for a large -scale land -use map amendment for a
newly annexed site to change the current land -use designation of the Garden Oaks residential
development, consisting of approximately 116.3 acres, from a Palm Beach County Residential
High 8 (RH8) land -use designation to a City of Palm Beach Gardens Residential Low (RL) land -
use designation. The subject site is generally located approximately 1,250 feet south of
Northlake Boulevard on the east side of Military Trail. (Petition CP- 03 -01)
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Originating Dept.:
FINANCE: NA
City Council Action:
Growth Management:
[ ] Approved
Principal Planner
I
Costs: $ NA
[ ] App. w/ conditions
Talal Benothman, AI P
Project
Total
[ ] Denied
City Attorney
Manager
[ ] Rec. approval
Christine Tatum
Michael J. S chez
$ NA
[ ] Rec. app. w/ conds.
Development Compliance
Senior Planner
Current FY
[ ] Rec. Denial
NA
Funding Source:
[ ] Continued to:
Bahareh K. Wolfs
Advertised:
Attachments:
Growt a e /
Direct `
Date: August 14, 2003
[ ] Operating
• Location Map
Paper: Palm Beach Post
[X] Other NA
• Palm Beach Count
Charles . Wu, AICP
Future Laud Use Map
[X] Required
• Proposed Future Land
] Not Required
Use Map (PBG)
Approved by:
Budget Acct. #:
• Level of Service
Affected parties:
City Manag
NA
Analysis
Ronald M. Fe is
[X] Notified
• Resolution 111, 2003
[ ] Not Required
[ ] None
Date Prepared: July 28, 2003
Meeting Date: August 21, 2003
Resolution 111, 2003
Page 2 of 6
BACKGROUND:
Garden Oaks is a built -out, single - family Planned Unit Development (PUD) built by DiVosta.
The Planned Unit Development, approved by Palm Beach County on December 12, 1989, is
separated into six (6) major sections which are accessed by a spine road surrounding a central
patio home parcel. There are four (4) stormwater retention lakes on -site totaling approximately
14.6 acres. The site includes an eight (8) acre recreation parcel with a swimming pool, pool
house, tennis courts, and four and one -half (4.5) acres of open space. According to the Palm
Beach County Property Appraiser, the 116.3 -acre Garden Oaks development contains 418 zero -
lot -line parcels, which are under individual ownership, and 35 parcels which are classified as
"Outdoor Recreation/Park Land," which includes common open space, lakes, roadways, and a
recreation area.
Garden Oaks has a Palm Beach County land -use designation of Residential High (RH8), which
permits up to eight (8) dwelling units per acre on parcels larger than ten (10) acres (County
Resolution Number R -89 -2232, December 12, 1989).
On August 15, 2002, the City Council adopted Ordinance 31, 2002, thereby establishing
language for the annexation referendum ballot and for the annexation of the subject area, Garden
Oaks, as well as Mary Circle & Sunset Drive. The proposed referendum was voted upon at the
November 5, 2002 general election and passed by 89 %. The City incorporated the annexation
areas within the City's boundaries on November 15, 2002.
LAND USE COMPATIBILITY WITH SURROUNDING AREA:
The subject area is completely built -out. The site is bounded by the Mary Circle residential area
to the north, Grover Park Elementary School (PBC) and the Garden Walk manufactured home
community (PBC) to the south, the Square Lake residential development (PBC) to the west, and
the Interstate 95 to the east.
The development has identical models to those approved by City Council in The Oaks Planned
Unit Development located on Gardens East Drive between RCA Boulevard and Burns Road.
DiVosta developed both projects in 1989 as zero -lot -line communities.
The requested City of Palm Beach Gardens Residential Low (RL) land -use designation is
consistent with the adjacent residential parcels and existing development of the area and is
compatible with the Vision Plan designations of the adjacent parcels.
CONSISTENCY WITH COMPREHENSIVE PLAN:
The proposed land -use amendment is consistent with many of the Goals, Objectives, and Policies
of various elements within the City's adopted Comprehensive Plan. Examples of goals,
objectives and policies, which are consistent with and furthered by the proposed amendment, are
listed below.
Date Prepared: July 28, 2003
Meeting Date: August 21, 2003
Resolution 111, 2003
Page 3 of 6
Future Land -Use Element
Policy 1.1.4.3.: Prior to major annexation, a facilities and services extension plan shall be
prepared and adopted. This plan shall:
a. Establish the location, level of service standards and phasing for each facility and service
to be extended by the City;
b. Require all development or redevelopment activities to occur in conjunction with the
provision of the community facilities and services without exceeding the level of service
standards established in the Capital Improvements Element of the Plan;
C. In order to encourage infill development and reduce urban sprawl, future annexation
ordinances shall reserve the right of the City to discourage development and
redevelopment activities within proposed future annexation areas until such time as
facilities and services are extended in accordance with the plan, even if facilities and
services are offered by a developer in advance of the plan phasing.
d. A comprehensive plan amendment shall be undertaken by the property owner during the
City's next round of amendments to incorporate the parcel into the Plan. Upon _the
effective date of the comprehensive plan amendment, rezoning to a City zoning district
shall be initiated.
The proposed land -use amendment from a Palm Beach County Residential High 8 (RH8)
land -use designation to a City of Palm Beach Gardens Residential Low (RL) land -use
designation meets the requirements of Policy 1.1.4.3.d, which requires a land -use
amendment for annexed parcel.
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 1.1.6.3.: 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.
The Comprehensive Plan encourages the annexation of designated areas as a means to
expand the City's economic base, which was accomplished with the successful referendum
for the Garden Oaks area. The proposed land -use amendment provides for the final steps
in the annexation process for the Garden Oaks area by changing the land -use from the
current County designation to a City of Palm Beach Gardens land -use designation in
conformance with the City's Comprehensive Plan.
Date Prepared: July 28, 2003
Meeting Date: August 21, 2003
Resolution 111, 2003
Page 4 of 6
Transportation
GOAL 2.1.: The transportation system in Palm Beach Gardens shall be convenient, safe, and
efficient for all persons living in and traveling through the City.
Objective 2.1.1.: To maintain specific level of service (LOS) standards on the roadways.
Policy 2.1.1.1.: Level of service standards shall be as shown on Table 2A and shall be
applicable to the urban and rural service areas. Level of service for FIHS roads will be measured
utilizing the FDOT Generalized Peak Hour Directional Volumes for Florida's Urbanized Areas
(Table 2B), or FDOT Generalized two -way Peak Hour Volumes for Florida's Urbanized Areas
(Table 2C), or utilizing the FDOT Florida Highway System Plan Level of Service Standards and
Guidelines Manual (FDOT Manual) and the 1994 Highway Capacity Manual (HCM) procedures
contained in the Special Report 209, 3rd Edition, 1994.. Level of service for non -FIRS roads that
are part of the County thoroughfare system will be measured utilizing the volumes provided in
the 1997 Palm Beach County Comprehensive Plan Transportation Element (Table 2D), or
utilizing the methodologies provided in the TPSO. Level of service for city roads will be
measured utilizing the service volumes and capacities adopted in the City's Traffic Performance
Standards Ordinance (Table 2E) or utilizing the FDOT Manual and 1994 HCM procedures.
The proposed amendment promotes a potential reduction in net new daily trips estimated
by comparing the most intense use of the parcel as provided in the County's
Comprehensive Plan against the most intense use of the parcel as provided in the proposed
Palm Beach Gardens land -use designation. The reduction in vehicular trips minimizes the
impact of this parcel on the adopted level of service standards of the affected roadways.
Conservation
Objective 6.1.7.: The City shall continue to maintain land development regulations and
development policies to ensure the provision of conservation measures on newly annexed lands
in accordance with the goals, objectives, and policies of this Comprehensive Plan.
Policy 6.1.7.1.: The City shall review the master development plans of all subdivisions
approved by the county but later annexed by the City for the provision of conservation/
preservation areas as required by the original development order.
Policy 6.1.7.2.: Where development orders granted by another governmental agency are silent,
the comprehensive plan, land development regulations, and policies of the City of Palm Beach
Gardens shall apply.
The master plan of the Garden Oaks development sets aside eight (8) acres of an existing
oak hammock as preserve area on the southern portion of the site.
Date Prepared: July 28, 2003
Meeting Date: August 21, 2003
Resolution 111, 2003
Page 5 of 6
HISTORICAL AND ARCHEOLOGICAL RESOURCES:
No historical and/or archeological resources have been identified on site.
ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND -USE:
The site is currently built -out.
MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING LAND -USE
DESIGNATION:
The maximum vehicular trips allowed under the existing land -use designation of Palm Beach
County Residential High 8 are 9,304 daily trips (116.3 acres x 8 du/ac x 10 daily trips /du). The
potential impacts of development under the existing land -use designation are as follows:
POTENTIAL IMPACTS UNDER EXISTING LAND -USE OF RESIDENTIAL HIGH 8 (RH8)
Max.
External Trip
Recreation/Parks
Sanitary Sewer
Potable Water
Solid Waste
Density/Intensity
8 du/acre
9,304 Daily
N/A
Adequate
Adequate
Adequate
trips
capacity
capacity
capacity
MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND USE
DESIGNATION:
The maximum vehicular trips that are allowed under the proposed land -use designation of Palm
Beach Gardens Residential Low (RL) are 4,652 daily trips (116.3 acres x 4 du/ac x 10 daily
trips /du). The potential impacts of development under the proposed land -use designation are as
follows:
POTENTIAL IMPACTS UNDER PROPOSED LAND -USE OF RESIDENTIAL LOW (RL)
Max.
External Trip
Recreation/Parks
Sanitary Sewer
Potable Water
Solid Waste
Density/Intensity
4 du/acre
4,652 Daily
N/A
Adequate
Adequate
Adequate
trips
capacity
capacity
capacity
The trip generation analysis reflects that there will be a potential net DECREASE of
approximately 4,652 external trips.
LEVEL OF SERVICE STANDARDS:
The development is currently built -out; therefore, there will be no direct, adverse impacts on the
adopted Level of Service (LOS) standards for water, sewer, solid waste, police and fire services,
and traffic.
Date Prepared: July 28, 2003
Meeting Date: August 21, 2003
Resolution 111, 2003
Page 6 of 6
NEARBY LOCAL GOVERNMENT COMMENTSIOBJECTIONS:
The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has
reviewed the proposed amendment and has raised no objections to date.
STAFF COMMENTS:
The proposed land -use map designation of Residential Low (RL) is compatible with the
surrounding land -uses of adjacent properties and with the designation of the adjacent parcels on
the City's Vision Plan. Staff has no outstanding issues with the proposed land -use amendment.
In conclusion, the project is consistent with other developments within Residential Low (RL)
land -use areas within the City; the density is consistent with the Comprehensive Plan
Regulations for the Residential Low (RL) land -use; and the land -use is compatible with the
land -uses proposed and existing in the surrounding areas.
LOCAL PLANNING AGENCY
On June 24, 2003, the Planning and Zoning Commission, sitting as the Local Planning Agency,
held a public hearing to review the subject petition. The Local Planning Agency had no adverse
comments on the proposed amendment to the City's Comprehensive Plan and voted 7 -0 to
recommend approval of the subject petition to the City Council.
NOTICE OF PUBLIC HEARING
On July 25, 2003, a notice of public hearing was sent, via certified mail, informing all property
owners within 500 feet of the area affected by the proposed land -use change of this transmittal
hearing for Resolution 111, 2003.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 111, 2003, thereby authorizing the transmittal of
the proposed amendment to the Department of Community Affairs of the State of Florida.
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GARDEN OAKS FUTURE LAND USE PLAN AMENDMENT
ANALYSIS
REPORTS
1. Size of the site in acres or fraction thereof.
Approximately 116.3 acres
2. Description of existing land uses (not designations) of subject property and
surrounding properties.
Existing use of subject property: Built -out single - family development of
418 single family units.
Existing use of surrounding properties:
North: Mary Circle residential community (Palm Beach Gardens)
South: Garden Walk manufactured home community (Palm Beach County)
Grove Park Elementary School (PBC)
East: Interstate 95
West: Square Lake residential community (Palm Beach County)
3. A narrative which summarizes:
a) The maximum allowable development under the existing designation for
the site:
The existing land -use designation for the 116.3 acre site is Palm Beach
County Residential High 8 (11118). Parcels ten (10) acres or more are
allowed a maximum of eight (8) dwelling units per acre. Therefore,
the maximum allowable development under Palm Beach County
Land -Use on approximately 116.3 acres would be 930 dwelling units.
b) The maximum allowable development under the proposed designation for
the site:
The proposed land -use designation for the 116.3 acre subject site is
Palm Beach Gardens Residential Low (RL). The City's
Comprehensive Plan allows a maximum of 4 dwelling units per acre.
Therefore, the maximum allowable development under the proposed
land -use on approximately 116.3 acres would be 465 dwelling units.
C) A description of the proposed use and information on its compatibility
with the surrounding area.
Garden Oaks is a built -out single- family community. The Planned
Unit Development was approved by Palm Beach County on December
12, 1989. The parcels are classified by the Palm Beach County
Property Appraiser's Office as 418 zero - lot -line parcels and the
remainder 35 parcels are Outdoor Recreation /Park Land, which
includes common open space, lakes, roadways, and recreation area.
This use is compatible to the surrounding uses as the overall site is
adjacent to residential communities: Square Lake, Mary Circle, &
Gardens Walk Manufactured Home Community. This is a zero -lot-
line residential development type similar to other DiVosta
developments within the City.
4. A statement of justification or reason for the proposed land use amendment,
which is based on the physical characteristics of the site, the impact on public
facilities and services, and the policies of the City.
The subject 116.3 acres is completely built -out. Although the County land -
use allowed up to eight (8) dwelling units per acre, the parcel was developed
consistent with the City's Residential Low (RL) land -use designation. The
parcel was recently annexed and the City is required to provide an
appropriate land -use designation and amend the comprehensive plan
accordingly after the annexation is complete.
The City completed an Urban Services Report (attached), which addressed
the impact of the development on the City's public facilities and services
prior to the annexation and determined that the development would not have
a negative impact.
5. A description of the ability of and demand on public facilities, indicating the
proposal's impact on established level of service standards: traffic circulation,
sanitary sewer, potable water, solid waste, drainage, recreation and open space.
(NOTE: The most dense or intensive use allowed under the land use category
should be analyzed for its impact on facilities and services.)
The availability of and demand on public facilities have been analyzed based
on the "maximum allowable development" as referenced in question number
3.b) above.
Traffic Circulation:
The maximum vehicular trips allowed under the existing land -use
designation of Palm Beach County Residential High 8 are 9,304 daily
trips (116.3 acres x 8 du /ac x 10 daily trips /du).
The maximum vehicular trips that are allowed under the proposed
land -use designation of Palm Beach Gardens Residential Low (RL)
are 4,652 daily trips (116.3 acres x 4 du /ac x 10 daily trips /du).
The trip generation analysis'. reflects that there will be a potential net
DECREASE of approximately 4,652 external trips.
Santa Sewer:
Sanitary sewer services are provided by the Seacoast Utility
Authority.
The Citv's Comprehensive Plan provides for the following standards:
Sanitary Sewer - LOS (107 gallons per day per capita)
2000 = 4.03 (City peak daily flow - mgd)
8.16 (Utility average daily flow - mgd)
2005 = 5.5 (City peak daily flow - mgd)
9.98 (Utility average daily flow - mgd)
Existing Land Use Designation — PBC Residential High 8 (RH8)
238,824 gallons per day based on a maximum of 930 residential units
(930 units x 2.4 persons per unit x 107 gallons per day per capita)
Proposed Land Use Designation — PBG Residential Low (RL)
119,412 gallons per day based on a maximum of 465 residential units
(465 units x 2.4 persons per unit x 107 gallons per day per capita)
Please note that only 418 single family homes are developed within the
Garden Oaks PUD, which generate 107,342 gallons per day.
Potable Water:
Potable water services are provided by the Seacoast Utility Authority.
The City's Comprehensive Plan provides for the following standards:
Potable Water - LOS (191 gallons per day per capita)
2000 = 7.71 (MGD)
2005 = 9.73 (MGD)
Existing Land Use Designation — PBC Residential High 8 (RH8)
426,312 gallons per day based on a maximum of 930 residential units
(930 units x 2.4 persons per unit x 191 gallons per day per capita)
Proposed Land Use Designation — PBG Residential Low (RL)
213,156 gallons per day based on a maximum of 465 residential units
(465 units x 2.4 persons per unit x 191 gallons per day per capita)
Please note that only 418 single family homes are developed within the
Garden Oaks PUD, which generate the need for 191,611 gallons per
day.
Drainage:
The County approved the drainage for the development prior to
development.
The Citv's Comprehensive Plan provides for the following standards:
Drainage LOS - Comprehensive Plan
Existing Development - 1- day /100 -year storm
New Development greater than 10 acres - 3- day /25 -year storm
New Development less than 10 acres - 1 day /25 -year storm
Solid Waste:
Solid Waste Authority currently services the site.
Solid Waste - LOS
NOTE: COMPREHENSIVE PLAN assumes 7.13 lbs. per day per
capita
The City's Comprehensive Plan provides for the followiny_ standards:
2000 - garbage 52,520 tons per year
2005 - garbage 66,290 tons per year
Existing Land Use Designation — PBC Residential High 8 (RH8)
15,914 pounds per day for 930 units (930 units x 2.4 persons per unit x
7.13 lbs per day per capita)
Proposed Land Use Designation — PBG Residential High (RH)
7,957 pounds per day for 465 units (465 units x 2.4 persons per unit x
7.13 lbs per day per capita)
Please note that only 418 single family homes are developed within the
Garden Oaks PUD, which generate 7,153 pounds per day of solid
waste.
Recreation and Onen Space:
The City's Comprehensive Plan provides for the following standards:
Recreation and Open Space LOS - 3.5 acres per 1000 residents
Comprehensive Plan Projected — Year 2000
Year 2000 - 149.4 acres required /166.9 acres available (17.5 -acre
surplus)
Existing Land Use Designation — PBC Residential High 8 (RH8)
7.81 acres needed to meet the City's LOS of 3.5 acres per 1000
residents for the estimated 2.4 persons per unit per 930 dwelling units.
Proposed Future Land Use Designation — PBG Residential Low (RL)
3.91 acres needed to meet the City's LOS of 3.5 acres per 1000
residents for the estimated 2.4 persons per unit per 465 dwelling units.
Please note that only 418 single family homes are developed within the
Garden Oaks PUD, which require 3.51 acres of recreational land to
meet the City's Level of Service.
CITY OF PALM BEACH
GARDENS
URBAN SERVICES
REPORT
FOR THE PROPOSED ANNEXATION OF THE
AREA INCLUDING GARDEN OAKS, SUNSET
DRIVE, & MARY CIRCLE
July 3, 2002
Prepared For:
Growth Management Department
10500 North Military Trail
Palm Beach Gardens, Florida 33410
TABLE OF CONTENTS
I. Introduction ............................................ ............................... 3
II. General Description of the Annexation Area ................. 4
A. Lccatiaw .................................. ..............................4
R Subject Properties - Existing Land Use ................ 4
C Subject Prnpertzes - Future Land Use .................... 5
D. Subject Pm en es - Zoring ..... ............................... 5
E. Su»n wkng Future Land Use Regulamm and ZoM 'ng Districts: 5
F. Popul atirnz ...............................
III. Compliance with Florida Statutes, Character of the Area to be Annexed 11
IV. Inventory of Public Service Facilities ...........................12
A. Potable Water So-do • ........... ...............................
12
R Sanitary Sereer SerucL�s :......... ...............................
14
C Park anal Recreation Serulm; : ...............................
16
D. Police PrutatioM r ............... ...............................
17
E. Fire Prowion ..............................
F. Cale Erfm mere• ................. ...............................
18
G. General Mwzicipal Gozernvrem ...........................
18
V. Cost Estimates for Providing Public Services ...............19
VI. Potential Sources of Revenue for Providing Public Services 19
VII. Conclusion .......................................... .............................22
2
I. Introduction
This Urban Services Report sets forth a plan by which urban services will be provided to
Garden Oaks, Mary Circle, & Sunset Drive and their residents, if annexed into the City of
Palm Beach Gardens by referendum of voters residing within the area. The information
contained in this document has been prepared pursuant to state statute requirements for
involuntary annexation contained in § 171.042, F.S. As required by that section, the
information listed must be provided or addressed in this urban services plan.
(1) A map of the City and adjacent territory showing the present and proposed
municipal boundary.
(2) A map of the general land -use pattern in the area proposed to be annexed.
(3) A map indicating the location of existing major trunk mains for potable water
and sanitary sewer interceptors and outfalls, and the proposed extension of such
mains and outfalls, if required to serve the area proposed to be annexed.
(4) A statement certifying that the area proposed to be annexed is reasonably
compact, is contiguous to the City, and meets the test for being considered urban
or is undeveloped but is located between the City limits and an area developed
for urban purposes.
(5) A statement that describes the City's plans for providing the area proposed to be
annexed with those municipal services provided throughout the other areas of
the City at the time of annexation.
(6) A proposed timetable for constructing major water trunk mains and sewer mains
to serve the area proposed to be annexed, if existing water and sewer mains are
not available to serve that area.
(7) Plans on how the City will fund the municipal facilities and services needed to
serve the area proposed to be annexed.
Section 171.042, F.S., also requires that a copy of this plan be submitted to the Palm
Beach County Board of County Commissioners prior to the City initiating formal
proceedings and a voter referendum for involuntary annexation.
ISM
II. General Description of the Annexation Area
A. Location:
Garden Oaks, Mary Circle, & Sunset Drive are three residential neighborhoods, which
comprise the proposed annexation area. All parcels are located within unincorporated Palm
Beach County. The 148.86 -acre parcel bounded on the west by Military Trail, to the east by
Interstate 95, to the south by Grove Park Elementary and Garden Walk Manufactured
Home Park and to the north by Garden's Town Square, Garden Park Plaza and Dania Road,
a residential community. Square Lake residential development is to the west of the
development across Military Trail.
B. Subject Properties - Existing Land Use:
Garden Oaks is a built -out single - family home community. The Planned Unit
Development was approved by Palm Beach County on December 12, 1989. The
single - family development is separated into six major sections, which are
accessed by a spine road around a central patio home parcel. There are four
retention lakes provided on -site to deal with stormwater run -off; these lakes total
14.6 acres. The site includes an 8.0 -acre recreation parcel with a swimming pool,
pool house, tennis courts, and 4.5 acres of open space. According to the Palm
Beach County Property Appraiser, the 111.78 -acre area contains 453 parcels, of
which 418 are under separate ownership. The parcels are classified by the Palm
Beach County Property Appraiser's Office as 418 zero lot line parcels and the
remainder 35 parcels are Outdoor Recreation/Park Land, which includes
common open space, lakes, roadways, and recreation area.
2. Mary Circle is primarily developed as a single- family community. The
development has no recorded plat, nor does the Palm Beach County Building
Division have any records of initial development. The parcels are accessed from
Military Trail via South Mary Circle, which turns into North Mary Circle.
According to the Palm Beach County Property Appraiser's information, the 7.46 -
acre area contains 50 parcels of which 50 are under separate ownership. The
parcels are classified by the Palm Beach County Property Appraiser's Office as
46 single- family parcels, three vacant parcels, and one private school.
3. Sunset Drive is primarily developed as a multifamily community located on a
dead -end street. The development, referred to as the Kramer Subdivision after
the developer, Arthur Kramer, has no development approval or recorded plat,
nor does the Palm Beach County Building Division have any records of initial
development. According to the Palm Beach County Property Appraiser's
4
information, the 25.13 -acre area contains 66 parcels of which 64 are under
separate ownership. The parcels are classified by the Palm Beach County
Property Appraiser's Office as 44 multi- family parcels (duplex and triplex units),
16 single - family parcels, one vacant parcel, one non - profit orphanage, one
multistory office building and one retail store.
C. Subject Properties - Future Land Use
1. Garden Oaks has a PBC future land use designation of RW8 (Residential High,
which permits up to eight dwelling units per acre on parcels larger than ten
acres). Resolution Number R-89-2232 approved this designation, on December
12, 1989.
2. Mary Circle has a PBC future land use designation of RW8 (Residential High,
which permits up to eight dwelling units per acre on parcels larger than ten
acres). This area also has a CH designation, which allows for intensive
commercial uses.
3. Sunset Drive has a PBC future land use of RH/8 (Residential High, which
permits up to eight dwelling units per acre on parcels larger than ten acres) The
two parcels located adjacent to Northlake Boulevard have a PBC future land use
designation of CH/8 (Commercial High, which permits intensive commercial
uses).
D. Subject Properties - Zoning
1. Garden Oaks has a PBC zoning designation of RM (Residential Medium),
which permits single and multi - family residential uses.
2. Mary Circle has a PBC zoning designation of RM (Residential Medium), which
permits single and multi- family residential uses.
3. Sunset Drive has a PBC zoning designation of RM (Residential Medium), which
permits single and multi - family residential uses.
E. Surrounding Future Land Use Regulations and Zoning Districts:
Major roadways bound the proposed annexation area to the north (Northlake Boulevard),
east (Interstate 95), and west (Military Trail). There are two commercial developments
(Garden Park Plaza & Gardens Town Square) and a residential street (Dania Road) to the
north that he within the municipal limits of Palm Beach Gardens. To the south is a
manufactured home community separated from the annexation area by a County Road (Park
Avenue).
5
TABLE 1: Surrounding Existing & Future Land Uses & Zoning Districts
DIRECTION
LAND USE
ZONING
Commercial (C) - Garden Park Plaza and
CG -1 (General Commercial)
NORTH
Gardens Town Square (PBG)
(PBG)
Residential Medium (RM) - Dana Road
RM (Residential Medium)
residential communi BG
(PBG)
Park Avenue, then Garden Walk Manufactured
RM (Residential Medium)
SOUTH
Home Community (PBC)
(PBC)
Institutional (I) - Grove Park Elementary
P/I ( Public / Institutional)
PB
B
ROW. Interstate 95, across the interstate is
CG -1 (General Commercial)
Palm Beach Gardens Commercial (C) -
(PBG)
EAST
Crossroads at Northlake (PBG)
PUD (Planned Unit
Professional Office (PO) - Sandtree Office
Development) (PBG)
Buildings BG
WEST
Residential Estate (RE) - Square Lake
RE (Residential Estate)
residential community PB
B
F. Population:
The existing population of the annexation area is estimated by multiplying the number of
dwelling units by the average household size of 2.35 as established by the City of Palm
Beach Gardens Comprehensive Plan. The property appraiser's database identifies a total of
528 dwelling units (single and multi - family). Thus the population would be estimated at
1,241 people (528 X 2.35 persons per household as established by the City's Comprehensive
Plan).
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1(
III. Compliance with Florida Statutes, Character of the Area to be
Annexed
Chapter 171.043 Florida Statutes outlines the general criteria that an area being considered
for annexation must satisfy before a municipal government can proceed with an annexation
of an area by voter referendum. Chapter 171.043 requires that any annexation must be able
to meet Subsections (1) and (2) as written below:
(1) The total area to be annexed must be contiguous with the municipality's boundaries
at the time the annexation proceeding is begun and reasonably compact, and no part of the
area shall be included within the boundary of another incorporated municipality.
(2) Pan or all of the area to be annexed must be developed for urban purposes. An area
developed for urban purposes is defined as an area which meets any of the following
standards.
(a) It has a total residential population equal to at least two persons for each acre of
land included within its boundaries.
(b) It has a total residential population equal to at least one person for each acre of
land included within its boundaries and is subdivided into lots and tracts so that
at least 60 percent of the total number of lots and tracts are one acre or less in
size; or
(c) It is so developed that at least 60 percent of the total number of lots and tracts in
the area at the time of annexation are used for urban purposes, and it is
subdivided into lots and tracts so that at least 60 percent of the total acreage, not
counting the acreage used at the time of annexation for nonresidential urban
purposes, consists of lots and tracts 5 acres or less in size.
Staff Response
The proposed annexation area (Garden Oaks, Mary Circle, & Sunset Drive) is compact and
lies solely in Palm Beach County. The subject site is isolated from the south, east and west
by roadways, and the remaining side (north) of the area is contiguous to the City of Palm
Beach Gardens. Thus, the first standard is met because the proposed annexation area is not
within any other municipal boundary, is contiguous with the City of Palm Beach Gardens'
municipal boundary, and is compact.
With an estimated population of 1,241 persons on this 148± acre site, there are 8.39 persons
per acre. Thus, this proposed annexation fulfills the second standard of development for
urban purposes by having a population density greater than two persons for each acre of
land included within the proposed annexation area.
In summary, the proposed annexation meets the requirements of Chapter 171
concerning the characterof the area to be annexed.
11
IV. Inventory of Public Service Facilities
A. Potable Water Service:
The City currently receives potable water service from the Seacoast Utility Authority (SUA).
The areas to be annexed are within the water service boundaries of the Seacoast Utility
Authority. There are two system improvements necessary to provide the same level of
service to annexed residents as provided to current City residents. These improvements
consist of the following:
1. Mary Circle would require Capital Expenditure expenses estimated at
$184,625.00 to provide service mains to an estimated 46 single- family homes. A
$1,650.00 connection fee / meter cost per unit is also required. Total cost is
estimated at $260,525.00.
2. Sunset Drive and 40`E' Terrace would require Capital Expenditure expenses
estimated at $272,500.00 to provide service mains to 94 individually metered
units. A $1,650.00 connection fee per unit is also required. Total cost is
estimated at $427,600.00.
Potential sources of these funds are various and include the following:
1. City of Palm Beach Gardens Fiscal Year 2003 /2004 Capital Improvements
Budget. These improvements are currently unbudgeted expenditures in FY 2003
or beyond.
2. Residents could pay capital improvement fees sufficient to provide the service.
3. The City could create a special district or a special assessment to provide the
necessary improvements.
4. The City could apply for supplemental funds from such grant programs as the
Community Development Block Grant (CDBG) program or low interest loans
for the residents.
5. Certain combinations of the above referenced resources.
Since there is currently no citywide requirement that existing well system be disallowed and
property owners forced to hook up to SUA's service, there would be no requirement by the
City in newly annexed areas that the use of water well systems be discontinued.
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B. Sanitary Sewer Services:
The City currently receives sanitary sewer service from the Seacoast Utility Authority (SUA).
The areas to be annexed are within the service boundaries of the Seacoast Utility Authority.
There are two system improvements necessary to provide the same level of service to
annexed residents as provided to current City residents, which consist of the following:
Mary Circle would require Capital Expenditure expenses estimated at
$170,620.00 to provide service mains to an estimated 46 single - family home. A
$1,200.00 connection fee per unit is also required. Total cost is estimated at
$225,820.00.
2. Sunset Drive and 4Uh Terrace would require Capital Expenditure expenses
estimated at $418,750.00 to provide service mains to 94 individually metered
units. A $1,200.00 connection fee per unit is also required. Total cost is
estimated at $531,550.00.
Potential sources of these funds are various and include the following:
1. City of Palm Beach Gardens Fiscal Year 2003 /2004 Capital Improvements
Budget. These improvements are currently unbudgeted expenditures in FY 2003
or beyond.
2. Residents could pay capital improvement fees sufficient to provide the service.
3. The City could create a special district or a special assessment to provide the
necessary improvements.
4. The City could apply for supplemental funds from such grant programs as the
Community Development Block Grant (CDBG) program or low interest loans
for the residents.
5. Certain combinations of the above referenced resources.
Since there is currently no citywide requirement that existing septic system be disallowed and
property owners forced to hook up to SUXs service, there would be no requirement by the
City in newly annexed areas that the use of septic systems be discontinued.
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C. Park and Recreation Services:
The City currently owns and operates four neighborhood type parks for a total of 22 acres
and six community type parks with a total of 127.9 acres. Private parks classified as
neighborhood parks consist of 124 acres. The total of all publiclyowned parks is 149.9 acres
and the total of all privately and publicly owned parks is 277.62 acres. Local recreational
needs are also provided through city - directed recreation program. The City organizes,
schedules, and staffs numerous recreation programs and classes including arts and crafts,
dance, athletics, exercise, community theatre, and continuing education classes. Annexation
of Garden Oaks, Mary Circle, and Sunset Drive will require no additional expenses, as all of
these facilities are currently used by City and Palm Beach County residents alike.
TABLE 2: Levels of Service for Recreational Facilities + 1241 Persons
RECREATION
FACILITY
LEVEL OF
SERVICE
STANDARDS
INVENTORY
(1)
DEMAND (2)
SURPLUS (+)
OR DEFICIT
Tennis Courts
1 per 4,000
80
9
+71
Shuffleboard Courts
1 per 7,500
17
5
+12
Racquetball Courts
1 per 15,000
25
3
+23
Basketball Courts
1 per 10,000
11.5
4
+7.5
Soccer Fields
1 per 4,500
10
8
+2
Softball / T -Ball /
Baseball Fields
1 per 6,000/1 per
8,000/1 per 5,000
23
18
+5
Roller hockey Rinks
1 per 20,000
1
1
0
Skate parks
1 per 30,000
1 3
1
0
Pavilions
1 per 10,000
24
4
+20
Picnic Area
1 per 10,000
6
4
+2
Vita Course / Jogging
Trail
1 per 30,000/1 per
20,000
8
3
+5
Playground/Tot Lot
1 per 7,000
13
5
+8
Horseshoes
1 per 7,000
6
5
+1
Fishing Area (non boat)
1 per 20,000
2
2
0
Boat Access
1 per 40,000
2
1
+1
Nature Center
1 per 90,000
1
0
+1
Community Swururung
Pools
0.25 s.f. per capita
49
+9,000 s.f.
+45
Recreation Centers
1 per 25,000
7
2
+5
Golf Course (18 Hole)
1 per 100,000
1 public / 3 private
0
+1/ +3
PARKS Neighborhood
Park/ Community Park
4.2 acres per 1,000
277.62 acres
152.5 acres
+125 acres
Notes:
(1) The inventory of recreational facilities is for existing and committed facilities
(including public and private).
(2) The demand for recreational facilities is calculated using the recreation level
of service standards in Table 2 rounding down to the nearest whole number
and a total population estimate of 36,299 for the City. This estimate is
derived from population projections of 35,058 provided by the Bureau of
1 E
Economic and Business Research (BEBR), University of Florida, and the
additional population for the proposed annexation area of 1,241 persons.
(3) A proposed public Skate Park is currently under construction.
Source: City of Palm Beach Gardens Comprehensive Plan
Palm Beach County is currently responsible for providing park and recreation facilities for
the residents of the subject area. The City of Palm Beach Gardens will provide park and
recreational facilities for the residents of the subject area if they are annexed into the City.
However, it must be noted that due to the proximity of the area to the City of Palm Beach
Gardens, it is possible that these residents already utilize City Park and recreational facilities.
Based on the existing population estimate of 1,241 residents for the proposed annexation
area, the City's existing park and recreation facilities are sufficient to accommodate this
additional population and still maintain the level -of- service standards for park and recreation
facilities adopted in the City's Comprehensive Plan. This is determined by reviewing Table 2
above. Table 2 indicates the City's adopted level -of- service standards for recreation facilities
and the estimated demand on the City's recreational facilities. The total population estimate
for the City used in Table 2 includes the additional population of 1,241 residents of the
proposed annexation area.
D. Police Protection:
Police protection for the annexation area is currently provided by the Palm Beach County
Sheriff's Office. If the area is annexed, the City of Palm Beach Gardens will provide police
protection. The proposed annexation of the subject area will not exceed the established
level of service (LOS) for police. The level of service is established by factoring the number
of calls for service, average time for calls, administrative duties related to calls, and planned
activity/ neighborhood patrols into a formula to determine the required manpower for a
population.
The population estimate of the City of Palm Beach Gardens and the proposed annexation
area is 36,299 (35,058 plus 1,241). There are 90 officers under the Chief of Police. Using
the LOS standard, the City would meet the standard absent any additional population
growth.
E. Fire Protection:
Palm Beach Gardens Fire Rescue is a full service
suppression, advanced life support including transpo
and community education. In 2001 the City's average
citywide was 4.45 minutes.
17
fire rescue agency providing fire
rt, fire inspections, fire investigations
response time for emergency service
Currently Fire Rescue maintains an Insurance Services Office Rating of Class 3 and the City
is actively pursuing accreditation through the Commission on Fire Accreditation
International. Additionally, Fire Station Three, located on Northlake Boulevard, is under
construction with an anticipated occupancy of July 2002. This fire station will be located
approximately one mile from the proposed annexation area.
Upon the effective date of annexation, Fire - Rescue Services will be extended in the same
manner and to the same level of service as provided within current corporate limits. There
would not be a need for increased Fire- Rescue Service if Gardens Oaks, Mary Circle, and
Sunset Drive were to be annexed into the City.
E Code Enforcement:
The City of Palm Beach Gardens Code Enforcement Division currently divides the 56-
square -mile City into three (3) inspection zones. The neighborhood that is identified for the
proposed annexation would be incorporated into Code Enforcement Zone 3, which is
assigned to a specific Code Enforcement Officer. The Division consists of three full time
and one part -time inspector and three marked vehicles. The City anticipates the need for an
intense proactive education on the City Code Enforcement requirements on fences,
setbacks, and parking of commercial and recreational vehicles in the older sections of the
proposed annexation area. The City anticipates no adverse impact on the current workload
by the proposed annexation.
G. General Municipal Government:
The City currently provides community development services through the Growth
Management Department, which issues building permits, reviews site plans, issues
certificates of occupancy, ensures that development complies with the City's Comprehensive
Development Plan and handles other issues relating to the development of the City.
The Growth Management Department also provides for zoning regulation and rezoning of
City land areas. The land use and zoning of the area proposed for annexation may be
redesignated within one to two years of the date of annexation. Particular care will be
exercised in redesignation, in order to assure that full developmental rights will be preserved
for newly annexed areas.
Further inforniation on the proposed annexation may be obtained through the Growth
Management Department.
1f
V. COST ESTIMATES FOR PROVIDING PUBLIC SERVICES
The preceding section indicates that the annexation of the proposed area properties will not
require any additional funding in order to provide required urban services. As this report
noted, that is because the annexation will not adversely affect established level of service for
parks and recreation, police and fire protection, code enforcement, and garbage pickup.
The single cost to the City of Palm Beach Gardens will be for general government services.
The per capita cost of the City providing general government services within the current
municipal boundary is estimated to be $ 468.00 for the year 2001. This estimate is calculated
using the following factors:
a. Annual Audit Report 2001
b. Population projections of 35,058 provided by the Bureau of Economic and
Business Research (BEBR), University of Florida, and the additional
population for the proposed annexation area of 1,241 persons.
The extension of urban services to the proposed annexation areas will not require any
additional overhead.
Estimated Total Costs:
Table 3 below indicates the total estimated annual costs of providing additional public
services to the proposed annexation areas at the time of annexation.
TABLE 3: ESTIMATED COSTS OF PROVIDING
ADDITIONAL PUBLIC SERVICES
PUBLIC SERVICE
ESTIMATED COST
Potable Water
$ 0.00
Sanitary Sewer
0.00
Parks and Recreation
0.00
Police Protection
0.00
Fire Protection
0.00
Refuse Collection
0.00
General Government
0.00
TOTAL
0.00
VI. Potential Sources of Revenue for Providing Public Services
There are various sources of revenue available to the City for maintaining the urban services
needed for the annexation area. These revenue sources include ad Valorem taxes, one -half
cent sales tax for local governments, state revenue sharing, communications service tax, and
19
franchise fees. Each of these revenue sources is based on real property values, utility service
consumption, or population. If Garden Oaks, Mary Circle, & Sunset Drive properties are
annexed into the City of Palm Beach Gardens, each of these factors are anticipated to
provide additional revenues.
A. Ad Valorem Taxes:
It is estimated that the annual ad Valorem taxes that will be generated from annexing the
proposed areas will be approximately $351,104. This figure is calculated by multiplying the
total assessable value of $56,924,404.00 (accounts for properties with existing homestead
exemptions) for the three annexation areas, as determined by the Palm Beach County
Property Appraiser (See appendix A) multiplied by the City `s current millage rate
(0.0057765) plus debt (0.0003914) of 0.0061679.
B. One -Half Cent Sales Tax:
In 2001 the City received $2,489,118 (Annual Audit Report 2001) from the State of Florida
as its portion of the one -cent sales tax allocated to local governments. This amount is
approximately $71.00 per capita, using the most recent population estimate of 35,058
permanent residents for the City as estimated by the City of Palm Beach Gardens Finance
Department for budgeting purposes.
Annexing the proposed annexation area properties will generate approximately $88,111 in
additional revenue from the one -half cent sales tax. This figure is calculated by multiplying
the 2001 per capita figure for the one -half cent sales tax of $71.00 times the estimated
existing population of 1,241 residents within the proposed annexation area.
C. State Revenue Sharing:
In 2001 the City received $666,102 (Annual Audit Report 2001) in state revenue sharing,
which equates to a per capita amount in $19.00. This per capita figure is calculated by
dividing the total amount of state revenue sharing by the most recent population estimate of
35,058 permanent residents for the City.
Annexing the proposed annexation area will generate approximately $23,579 in additional
revenue. This figure is calculated by multiplying the 2001 per capita figure for state revenue
sharing of $19.00 times the estimated existing population of 1,241 residents within the
annexation area.
D. Franchise Tax:
In 2001 the City received $2,769,582 (Annual Audit Report 2001) in revenue from franchise
taxes, which equates to a per capita amount of $79.00. This per capita figure is calculated by
dividing the total amount of state revenue sharing by the most recent population estimate of
35,058 permanent residents for the City.
Annexing the proposed annexation area will generate approximately $98,039 in additional
revenue. This figure is calculated by multiplying the 2001 per capita figure for franchise
2(
taxes of $79.00 times the estimated existing population of 1,241 residents within the
annexation area.
E. Communications Service Tax:
In 2001 the City received $777,276 (Annual Audit Report 2001) in revenue from the
communications service taxes, which equates to a per capita amount of $22.00. This per
capita figure is calculated by dividing the total amount of state revenue sharing by the most
recent population estimate of 35,058 permanent residents for the City.
Annexing the proposed annexation area will generate approximately $27,302 in additional
revenue. This figure is calculated by multiplying the 2001 per capita figure for franchise
taxes of $22.00 times the estimated existing population of 1,241 residents within the
annexation area.
Table 4 shown below indicates the estimated annual revenue that the City of Palm Beach
Gardens can expect to collect in the first year as a result of the proposed annexation. This
table indicates the sources of revenue from ad valorem taxes, the one -half cent tax, state
revenue sharing, franchise taxes, and the communications service tax.
TABLE 4: ESTIMATED
FIRST YEAR REVENUE
REVENUE SOURCE
ESTIMATED REVENUE
Ad valorem taxes
$351,104
One -half cent sales tax
$88,111
State revenue sharing
$23,579
Franchise tax
$98,039
Communications service tax
$27,302
TOTAL
$588,135
21
VII. Conclusion
In conclusion, this proposed annexation of Garden Oaks, Mary Circle, and Sunset Drive, as
shown in this Urban Services Plan, meets all the state requirements noted in Chapter 171,
F.S., to qualify for annexation into the City of Palm Beach Gardens. The subject area is
appropriate for annexation into the boundaries of the City of Palm Beach Gardens because
the subject area is compact and contiguous to the existing borders of the City of Palm Beach
Gardens on the north and the east. In addition, the area can clearly be characterized as a
compact urban location because of the average density of 8.39 persons per acre. Finally, the
proposed annexation of Garden Oaks, Mary Circle, and Sunset Drive is financially feasible
because the benefits of annexation will greatly assist any capital project necessary to provide
for extending urban services on the date of annexation in the same manner as such services
are provided within the rest of the City.
Overall, the annexation of this property will be beneficial to the City of Palm Beach Gardens
and the residents of the proposed annexation area.
2;
Date Prepared: July 28, 2003
1 RESOLUTION 111, 2003
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA, AUTHORIZING THE TRANSMITTAL
6 OF AN AMENDMENT TO THE FUTURE LAND USE MAP OF THE
7 COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH
8 GARDENS RELATING TO CERTAIN PROPERTY CONSISTING OF
9 APPROXIMATELY 116.3 ACRES, GENERALLY LOCATED ON THE
10 EAST SIDE OF MILITARY TRAIL APPROXIMATELY ONE -
11 QUARTER (1/4) MILE SOUTH OF NORTHLAKE BOULEVARD,
12 COMMONLY KNOWN AS "GARDEN OAKS," TO CHANGE THE
13 LAND USE DESIGNATION FROM PALM BEACH COUNTY
14 RESIDENTIAL HIGH 8 (RI-18) TO CITY OF PALM BEACH GARDENS
15 RESIDENTIAL LOW (RL); AND PROVIDING AN EFFECTIVE DATE.
16
17
18 WHEREAS, on November 15, 2002, the City annexed an approximately 116.3-
19 acre development commonly referred to as "Garden Oaks "; and
20
21 WHEREAS, City staff has prepared and reviewed an amendment to the Future
22 Land Use Map of the City's Comprehensive Plan in order to change the land use
23 designation of the newly annexed Garden Oaks residential development, as more
24 particularly described in Exhibit "A" attached hereto, from its current Palm Beach County
25 Residential High 8 (RH8) land use designation to a City of Palm Beach Gardens
26 Residential Low (RL) land use designation; and
27
28 WHEREAS, on June 24, 2003, the Planning and Zoning Commission, sitting as
29 the duly constituted Local Planning Agency for the City, recommended approval of the
30 Future Land Use Map Amendment to the Comprehensive Plan of the City; and
31
32 WHEREAS, after due notice and public hearing, the City Council of the City of
33 Palm Beach Gardens deems it in the best interest of the present and future residents of
34 the City that the proposed Comprehensive Plan Amendment be transmitted to the
35 appropriate public agencies.
36
37
38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
39 OF PALM BEACH GARDENS, FLORIDA that:
40
41 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
42
43 SECTION 2. The Growth Management Administrator is hereby directed to transmit
44 the proposed amendment to the Future Land Use Map of the City's Comprehensive Plan
45 and supporting data, analysis, and other relevant material to the Department of
46 Community Affairs of the State of Florida and other appropriate public agencies.
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Date Prepared: July 28, 2003
Resolution 111, 2003
SECTION 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of
ATTEST:
ION
.2003.
CITY OF PALM BEACH GARDENS, FLORIDA
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
AMA
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
Eric Jablin, Mayor
AYE NAY ABSENT
G: \attorney share \RESOLUTIONS \Reso 111 2003 - Garden Oaks map amendment.doc
2
Date Prepared: June 10, 2003
Resolution 111, 2003
EXHIBIT "A"
LEGAL DESCRIPTION: GARDEN OAKS PLANNED UNIT DEVELOPMENT (PUD)
BEING A PARCEL OF LAND LYING OVER A PORTION OF SECTION 24, TOWNSHIP
42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; SAID PARCEL
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER
OF SAID SECTION 24; PROCEED SOUTH 01 °09'31" WEST, ALONG THE WEST
LINE OF THE EAST ONE -HALF OF SAID SECTION 24, A DISTANCE OF 1328.00
FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE -HALF OF THE
NORTHEAST QUARTER OF SAID SECTION 24; THENCE SOUTH 88 °35'26" EAST,
DEPARTING SAID WEST LINE, AND ALONG SAID SOUTH LINE, A DISTANCE OF
60.00 FEET TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF MILITARY TRAIL
(STATE ROAD NO. S -809) (A VARYING WIDTH RIGHT -OF -WAY) (PER STATE OF
FLORIDA, STATE DEPARTMENT RIGHT -OF -WAY MAP, SECTION 93600 -2609,
LAST REVISED NOVEMBER 27,1989) AND A POINT ON THE NORTH RIGHT -OF-
WAY LINE OF THE MINKIN OUTFALL DITCH (A 50 FOOT WIDE RIGHT -OF -WAY) AS
RECORDED IN OFFICIAL RECORD BOOK 2063, PAGE 826, PUBLIC RECORDS OF
SAID COUNTY AND THE POINT OF BEGINNING; THE FOLLOWING THREE
COURSES ARE ALONG THE NORTH AND EAST RIGHT -OF -WAY LINE OF SAID
DITCH; THENCE SOUTH 88 °35'26" EAST, DEPARTING SAID WEST RIGHT -OF -WAY
LINE, A DISTANCE OF 1916.38 FEET; THENCE SOUTH 01 °23'27" WEST, A
DISTANCE OF 1326.47 FEET; THENCE SOUTH 88 "38'05" EAST, A DISTANCE OF
507.00 FEET TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF INTERSTATE I-
95 (STATE ROAD NO. 9) (A VARYING WIDTH RIGHT -OF -WAY) THE STATE OF
FLORIDA, STATE ROAD DEPARTMENT RIGHT -OF -WAY MAP, SECTION 93220-
2402, LAST REVISED JUNE 28, 1990); THENCE SOUTH 01'28'13" WEST,
DEPARTING SAID NORTH DITCH RIGHT -OF -WAY LINE, AND ALONG SAID WEST
RIGHT -OF -WAY LINE, A DISTANCE OF 1245.38 FEET TO A POINT ON THE NORTH
RIGHT -OF -WAY LINE OF PARK AVENUE (A 80.00 FOOT WIDE RIGHT -OF -WAY) AS
RECORDED IN OFFICIAL RECORD BOOK 7177, PAGE 940, PUBLIC RECORDS OF
SAID COUNTY, SAID POINT ALSO BEING ON THE SOUTH LINE OF THE PLAT OF
GARDEN OAKS SOUTH, AS RECORDED IN PLAT BOOK 69, PAGE 49, PUBLIC
RECORDS OF SAID COUNTY; THENCE NORTH 88 °43'37" WEST, DEPARTING
SAID WEST RIGHT -OF -WAY LINE, AND ALONG SAID NORTH RIGHT -OF -WAY
LINE, AND SAID SOUTH PLAT LINE, A DISTANCE OF 1492.03 FEET TO A POINT
ON THE WEST LINE OF SAID PLAT; THENCE NORTH 15 044'43" WEST,
DEPARTING SAID NORTH RIGHT -OF -WAY LINE, AND SAID SOUTH PLAT LINE,
AND ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 606.56 FEET TO A
POINT ON THE SOUTH LINE OF THE PLAT OF GARDEN OAKS PLAT 1, AS
RECORDED IN PLAT BOOK 66, PAGE 8, PUBLIC RECORDS OF SAID COUNTY;
THENCE NORTH 88 043'37" WEST, DEPARTING SAID WEST PLAT LINE, AND
Date Prepared: July 28, 2003
Resolution 111, 2003
ALONG SAID SOUTH PLAT LINE, A DISTANCE OF 742.81 FEET TO A POINT ON
THE EAST RIGHT -OF -WAY LINE OF SAID MILITARY TRAIL; THENCE NORTH
01009'31" EAST, DEPARTING SAID SOUTH PLAT LINE, AND ALONG SAID EAST
RIGHT -OF -WAY LINE, A DISTANCE OF 414.98 FEET TO A POINT ON THE EAST
LINE OF THE ADDITIONAL DEDICATED RIGHT -OF -WAY FOR MILITARY TRAIL, AS
SHOWN ON THE PLAT OF GARDEN OAKS PLAT NO. 1, AS RECORDED IN PLAT
BOOK 66, PAGE 8, PUBLIC RECORDS OF SAID COUNTY; THE FOLLOWING
THREE COURSES ARE ALONG SAID EAST LINE OF THE ADDITIONAL
DEDICATED RIGHT -OF -WAY, SAID LINE ALSO BEING THE WEST LINE OF SAID
PLAT NO.1; THENCE NORTH 04 °58'22" EAST, A DISTANCE OF 180.44 FEET;
THENCE NORTH 01009'31" EAST, A DISTANCE OF 215.00 FEET; THENCE NORTH
88 050'29" WEST, A DISTANCE OF 12.00 FEET TO A POINT ON SAID EAST RIGHT -
OF -WAY LINE OF MILITARY TRAIL; THENCE NORTH 01 °09'31" EAST, ALONG SAID
EAST RIGHT -OF -WAY LINE, A DISTANCE OF 1187.20 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINING 116.30 ACRES, MORE OR LESS.
°`1'' P NUS 0 L�
CITY OF PALM BEACH GARDENS t Y COUNCIL
Agenda Cover Memorandum
Subject/Agenda Item:
Date Prepared: July 28, 2003
Meeting Date: August 21, 2003
Resolution 112, 2003
Resolution 112, 2003: Transmittal of Large -Scale Land -Use Amendment for the Sunset
Drive Residential Development
Transmittal Hearing: A City- initiated request for a large -scale land -use map amendment for a
newly annexed site to change the current land -use designation for 62 residential parcels,
consisting of approximately 25.05 acres, from a Palm Beach County Residential High 8 (RH8)
land -use designation to a City of Palm Beach Gardens Residential Medium (RM) land -use
designation. The subject site is located on the west side of Interstate 95, south of Northlake
Boulevard. (Petition CP- 03 -03)
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Originating Dept.:
FINANCE: NA
City Council Action:
Growth Management:
[ ] Approved
Principal Planner
Talal Benothman , A CP
Project
Costs: $ NA
Total
[ ] App. w/ conditions
[ ] Denied
City Attorney
Manager
[ ] Rec. approval
Christine Tatu
Michael J. nchez
$ NA
[ ] Rec. app. w/ conds.
Development Compliance
Senior Planner
Current FY
[ ] Rec. Denial
NA
Funding Source:
[ ] Continued to:
Bahareh K. Wolfs
Advertised:
Attachments:
Growt age en ' I -
Direct A.
Date: August 14, 2003
[ ] Operating
• Location Map
•
Paper: Palm Beach Post
[X] Other NA
• Palm Beach County
Charles . Wu, AICP
Future Land Use Map
[X] Required
• Proposed Future Land
[ or Required
Use Map (PBG)
Approved by:
Budget Acct. #:
e Level of Service
Affected parties:
City Manage 21
NA
Analysis
Ronald M. Ferris
[X] Notified
• Resolution 112, 2003
[ ] Not Required
[ ] None
Date Prepared: July 28, 2003
Meeting Date: August 21, 2003
Resolution 112, 2003
Page 2 of 5
BACKGROUND:
Sunset Drive is primarily developed as a multi - family community located on a dead -end street.
The development, referred to as the Kramer Subdivision after developer Arthur Kramer, has no
development approval or recorded plat, nor does the Palm Beach County Building Division have
any records of initial development approval. According to the Palm Beach County Property
Appraiser's information, the 25.05 -acre area contains 62 parcels. The parcels are classified by
the Palm Beach County Property Appraiser's Office as 44 multi - family parcels (duplex and
triplex units), 16 single- family parcels, one (1) vacant parcel, and one (1) non - profit orphanage.
Sunset Drive has a Palm Beach County (PBC) land -use designation of Residential High 8 (RH8),
which permits up to eight (8) dwelling units per acre on parcels larger than ten (10) acres.
On August 15, 2002, the City Council adopted Ordinance 31, 2002, thereby establishing
language for the annexation referendum ballot and for the annexation of the subject area, Sunset
Drive, as well as Garden Oaks and Mary Circle.
A general election was held on November 5, 2002, on which ballot the proposed referendum was
placed. The referendum passed by 89 %, and the City incorporated the annexation areas within
the City's boundaries on November 15, 2002.
LAND USE COMPATIBILITY WITH SURROUNDING AREA:
The site is bounded by two (2) commercial lots and Northlake Boulevard to the north, the
Garden Oaks Planned Unit Development to the south, Gardens Town Square shopping plaza and
Garden Oaks PUD to the west, and Interstate 95 to the east.
The development standards of the existing parcels are consistent with other Residential Medium
(RM) communities within the City of Palm Beach Gardens in terms of lot widths, lot lengths, lot
coverage, and density. These existing developments include, but are not limited to, Golfers
Village residential community (duplexes on 60' x 110' lots), Sienna Oaks PUD (single - family
homes on 95' x 58' lots), the Oaks PUD (attached single - family units on 40' x 40' lots /single-
family units on 50' x 110' lots), and Catalina Lakes PUD (attached single - family units on 95' x
26' lots).
The requested City of Palm Beach Gardens Residential Medium Future Land Use Map
designation is compatible with the surrounding uses.
CONSISTENCY WITH COMPREHENSIVE PLAN:
The proposed land -use amendment is consistent with many of the Goals, Objectives, and Policies
of various elements within the City's adopted Comprehensive Plan. Examples of goals,
objectives and policies, which are consistent with and furthered by the proposed amendment, are
listed below.
Date Prepared: July 28, 2003
Meeting Date: August 21, 2003
Resolution 112, 2003
Page 3 of 5
Future Land -Use Element
Policy 1.1.4.3.: Prior to major annexation, a facilities and services extension plan shall be
prepared and adopted. This plan shall:
a. Establish the location, level of service standards and phasing for each facility and service
to be extended by the City;
b. Require all development or redevelopment activities to occur in conjunction with the
provision of the community facilities and services without exceeding the level of service
standards established in the Capital Improvements Element of the Plan;
C. In order to encourage infill development and reduce urban sprawl, future annexation
ordinances shall reserve the right of the City to discourage development and
redevelopment activities within proposed future annexation areas until such time as
facilities and services are extended in accordance with the plan, even if facilities and
services are offered by a developer in advance of the plan phasing.
d. A comprehensive plan amendment shall be undertaken by the property owner during the
City's next round of amendments to incorporate the parcel into the Plan. Upon _the
effective date of the comprehensive plan amendment, rezoning to a City zoning district
shall be initiated.
The proposed land -use amendment from a Palm Beach County Residential High 8 (RH8)
land -use designation to a City of Palm Beach Gardens Residential Medium (RM) land -use
designation meets the requirements of Policy 1.1.4.3.d, which requires a land -use
amendment for annexed parcel.
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 1.1.6.3.: 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.
The Comprehensive Plan encourages the annexation of designated areas as a means to
expand the City's economic base, which was accomplished with the successful referendum
for the Sunset Drive area. The proposed land -use amendment provides for the final steps
in the annexation process for Sunset Drive by changing the land -use from the current
County designation to a City of Palm Beach Gardens land -use designation in conformance
with the City's Comprehensive Plan.
Housing Element
Objective 3.1.3.: By continuing to designate adequate sites with appropriate land use and density
on the Future Land Use Map, the City shall ensure that adequate supply of land exists in the City
Date Prepared: July 28, 2003
Meeting Date: August 21, 2003
Resolution 112, 2003
Page 4 of 5
for the private sector to provide for the housing needs of the very low, low and moderate income
families and the elderly.
Policy 3.1.3.1.: The City shall maintain an appropriate amount of land designated for high
density residential use to provide for 12 to 15 units per acre to facilitate the construction of
housing for low and moderate income families.
Policy 3.1.3.2.: Designation of high density residential areas intended for the construction of
affordable housing in the City shall take into consideration the proximity of such areas to major
employment centers.
The land -use amendment provides for an area of Residential Medium use within the City
of Palm Beach Gardens. The area is currently developed with duplexes and triplexes,
which provides an area of housing for low to moderate income families.
HISTORICAL AND ARCHEOLOGICAL RESOURCES:
No historical and/or archeological resources have been identified on site.
ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND -USE:
The site is currently built -out, with the exception of one (1) vacant lot.
MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING LAND -USE
DESIGNATION:
The maximum vehicular trips allowed under the existing land -use designation of Palm Beach
County Residential High 8 (RH8) are 2,004 daily trips (25.05 acres x 8 du/ac x 10 daily trips /du).
The potential impacts of development under the existing land -use designation are as follows:
POTENTIAL IMPACTS UNDER EXISTING LAND -USE OF PALM BEACH COUNTY
RESIDENTIAL HIGH 8 (RH8)
Max. Density/Intensity
External Trip
Recreation /Pa
Sanitary
Potable
Solid Waste
rks
Sewer
Water
8 du/acre
2,004 Daily
N/A
Adequate
Adequate
Adequate
trips
capacity
capacity
capacity
MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND USE
DESIGNATION:
The maximum vehicular trips that allowed under the proposed land -use designation of Palm
Beach Gardens Residential Medium are 1,753 daily trips (25.05 acres x 7 du/ac x 10 daily
trips /du). The potential impacts of development under the proposed land -use designation are as
follows:
Date Prepared: July 28, 2003
Meeting Date: August 21, 2003
Resolution 112, 2003
Page 5 of 6
POTENTIAL IMPACTS UNDER PROPOSED LAND -USE OF PALM BEACH
GARDENS RESIDENTIAL MEDIUM (RM)
Max. Density/Intensity
External Trip
Recreation /Pa
Sanitary
Potable
Solid Waste
rks
Sewer
Water
7 du/acre
1,753 Daily
N/A
Adequate
Adequate
Adequate
trips
capacity
capacity
capacity
The trip generation analysis reflects that there will be a potential net DECREASE of
approximately 251 external trips.
It should be noted that the existing parcel is built -out at a density of 3.9 dwelling units per acre,
which generates an average of 976 external daily trips for the parcel.
LEVEL OF SERVICE STANDARDS:
The development is currently built -out with the exception of one (1) vacant lot; therefore, there
will be no direct, adverse impacts on the adopted Level of Service (LOS) standards, solid waste,
police and fire services, and traffic.
The analysis demonstrates that there will be no direct, adverse impacts on the adopted Level of
Service (LOS) standards for water and sewer, if the development requires utility installation.
NEARBY LOCAL GOVERNMENT COMMENTS /OBJECTIONS:
The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has
reviewed the proposed amendment and has raised no objections to date.
STAFF COMMENTS:
The proposed land -use map designation of Residential Medium (RM) is compatible with the
surrounding land -uses of adjacent properties and with the adjacent parcels on the City's Vision
Plan. Staff has no outstanding issues with the proposed land -use amendment. In conclusion,
the project is consistent with other developments within the City's Residential Medium (RM)
land -use areas, the density is consistent with the Comprehensive Plan regulations for the
Residential Medium (RM) land -use, and the land -use is also compatible with the land -uses
proposed and existing in the surrounding areas.
LOCAL PLANNING AGENCY
On June 24, 2003, the Planning and Zoning Commission, sitting as the Local Planning Agency,
held a public hearing to review the subject petition. The Local Planning Agency had no adverse
comments on the proposed amendment to the City's Comprehensive Plan and voted 7 -0 to
recommend approval of the subject petition to the City Council.
Date Prepared: July 28, 2003
Meeting Date: August 21, 2003
Resolution 112, 2003
Page 6 of 6
NOTICE OF PUBLIC HEARING
On July 25, 2003, a notice of public hearing was sent, via certified mail, informing all property
owners within 500 feet of the area affected by the proposed land -use change of this transmittal
hearing for Resolution 112, 2003.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 112, 2003, thereby authorizing the transmittal of
the proposed amendment to the Department of Community Affairs of the State of Florida.
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CP -03 -03 Sunset Drive Resiaential FLUP
260 130 0. 260 Feet
SUNSET DRIVE RESIDENTIAL AREA FUTURE LAND USE PLAN
AMENDMENT ANALYSIS
REPORTS
1. Size of the site in acres or fraction thereof.
Approximately 25.05 acres
2. Description of existing land uses (not designations) of subject property and
surrounding properties.
Existing use of subject property: Multi - family and single - family
development consisting of 89 dwelling units and one (1) vacant lot on 62
parcels of land.
Existing use of surrounding properties:
North: Sunset Drive commercial development (Palm Beach Gardens)
South: Garden Oaks PUD (Palm Beach Gardens)
East: Interstate 95
West: Gardens Town Square shopping center (Palm Beach Gardens)
3. A narrative which summarizes:
a) The maximum allowable development under the existing designation for
the site:
The existing Future Land Use Plan designation for the 25.05 acre site
is Palm Beach County Residential High 8 (RH8). Parcels are allowed
a maximum of 8 dwelling units per acre. Therefore, the maximum
allowable development under Palm Beach County Land -Use on
approximately 25.05 acres would be 200 dwelling units.
b) The maximum allowable development under the proposed designation for
the site:
The proposed Land Use Plan designation for the 25.05 acre subject
site is Palm Beach Gardens Residential Medium (RM). The City's
Comprehensive Plan allows a maximum of 7 dwelling units per acre.
Therefore, the maximum allowable development under the proposed
land -use on approximately 25.05 acres would be 175 dwelling units.
C) A description of the proposed use and information on its compatibility
with the surrounding area.
Sunset Drive is primarily developed as a multifamily community
located on a dead -end street. According to the Palm Beach County
Property Appraiser's information, the 25.05 -acre area contains 62
parcels. The parcels are classified by the Palm Beach County
Property Appraiser's Office as 44 multi- family parcels (duplex and
triplex units), 16 single - family parcels, one (1) vacant parcel, and one
(1) non - profit orphanage.
This use is compatible to the surrounding uses as it provides a
transition between the residential low area to the west and the more
intense commercial development and Interstate 95 to the east and
north.
4. A statement of justification or reason for the proposed land use amendment,
which is based on the physical characteristics of the site, the impact on public
facilities and services, and the policies of the City.
The subject 25.05 acres are completely built -out with the exception of one (1)
vacant parcel. Although the County land -use designation allowed up to eight
(8) dwelling units per acre, the parcel was developed consistent with the
City's Residential Medium (RM) land -use designation at 3.9 dwelling units
per acre. The parcel was recently annexed and the City is required to
provide an appropriate land -use designation and amend the comprehensive
plan accordingly after the annexation is complete.
The City completed an Urban Services Report (attached), which addressed
the impact of the development on the City's public facilities and services
prior to the annexation and determined that the development would not have
a negative impact.
5. A description of the ability of and demand on public facilities, indicating the
proposal's impact on established level of service standards: traffic circulation,
sanitary sewer, potable water, solid waste, drainage, recreation and open space.
(NOTE: The most dense or intensive use allowed under the land use category
should be analyzed for its impact on facilities and services.)
The availability of and demand on public facilities have been analyzed based
on the "maximum allowable development" as referenced in question number
3.b) above.
Traffic Circulation:
The maximum vehicular trips allowed under the existing land -use
designation of Palm Beach County Residential High 8 (11118) are 2,004
daily trips (25.05 acres x 8 du /ac x 10 daily trips /du).
The maximum vehicular trips that allowed under the proposed land -
use designation of Palm Beach Gardens Residential Medium are 1,753
daily trips (25.05 acres x 7 du/ac x 10 daily trips /du).
The trip generation analysis reflects that there will be a potential net
DECREASE of approximately 251 external trips.
Sanitary Sewer:
Sanitary sewer services are provided by the Seacoast Utility
Authority.
The Citv's Comprehensive Plan provides for the following standards:
Sanitary Sewer - LOS (107 gallons per day per capita)
2000 = 4.03 (City peak daily flow - mgd)
8.16 (Utility average daily flow - mgd)
2005 = 5.5 (City peak daily flow - mgd)
9.98 (Utility average daily flow - mgd)
Existin,e Land Use Designation — PBC Residential High 8 (RH8)
51,360 gallons per day based on a maximum of 200 residential units
(200 units x 2.4 persons per unit x 107 gallons per day per capita)
Proposed Land Use Designation — PBG Residential Medium (RM)
44,940 gallons per day based on a maximum of 175 residential units
(175 units x 2.4 persons per unit x 107 gallons per day per capita)
Please note that the subject area contains only 89 dwelling units and is
completely built -out with the exception of one (1) vacant lot. It should
be noted that under the above sanitary sewer standards, the 89 units
generates 22,855 gallons per day.
Potable Water:
Potable water services are provided by the Seacoast Utility Authority.
The City's Comprehensive Plan provides for the followinp- standards:
Potable Water - LOS (191 gallons per day per capita)
2000 = 7.71 (MGD)
2005 = 9.73 (MGD)
Existing Land Use Designation — PBC Residential High 8 (RH8)
91,680 gallons per day based on a maximum of 200 residential units
(200 units x 2.4 persons per unit x 191 gallons per day per capita)
Proposed Land Use Designation — PBG Residential Medium (RM)
80,220 gallons per day based on a maximum of 175 residential units
(175 units x 2.4 persons per unit x 191 gallons per day per capita)
Please note that the subject area contains only 89 dwelling units and is
completely built -out with the exception of one (1) vacant lot. It should
be noted that under the above potable water standards, the 89 units
generate the need for 40,797 gallons per day.
Drainage:
The County approved the drainage for the development prior to
development.
The Citv's Comprehensive Plan provides for the following standards:
Drainage LOS - Comprehensive Plan
Existing Development - 1- day /100 -year storm
New Development greater than 10 acres - 3- day /25 -year storm
New Development less than 10 acres - 1 day /25 -year storm
Solid Waste:
Solid Waste Authority currently services the site.
Solid Waste - LOS
NOTE: COMPREHENSIVE PLAN assumes 7.13 lbs. per day per
capita
The City's Comprehensive Plan provides for the following standards:
2000 - garbage 52,520 tons per year
2005 - garbage 66,290 tons per year
Existing Land Use Designation — PBC Residential High 8 (RH8)
3,422 pounds per day for 200 units (200 units x 2.4 persons per unit x
7.13 lbs per day per capita)
Proposed Land Use Designation — PBG Residential Medium (RM)
2,994 pounds per day for 175 units (175 units x 2.4 persons per unit x
7.13 lbs per day per capita)
Please note that the subject area contains only 89 dwelling units and is
completely built -out with the exception of one (1) vacant lot. It should
be noted that under the above standards, the 89 units would generate
1523 pounds per day of solid waste.
Recreation and Open Space:
The Citv's Comprehensive Plan provides for the following standards:
Recreation and Open Space LOS - 3.5 acres per 1000 residents
Comprehensive Plan Projected - 2000
2000 - 149.4 acres required /166.9 acres available (17.5 -acre surplus)
Existing Land Use Designation — PBC Residential High 8 (RH8)
1.68 acres needed to meet the City's LOS of 3.5 acres per 1000
residents for the estimated 2.4 persons per unit per 200 dwelling units.
Proposed Future Land Use Designation — PBG Residential Medium (RM)
1.47 acres needed to meet the City's LOS of 3.5 acres per 1000
residents for the estimated 2.4 persons per unit per 175 dwelling units.
Please note that the subject area contains only 89 dwelling units and is
completely built -out with the exception of one (1) vacant lot. Using
the above calculation, 0.74 acres of recreational land would be needed
to meet the City's Level of Service.
CITY OF PALM BEACH
GARDENS
URBAN SERVICES
REPORT
FOR THE PROPOSED ANNEXATION OF THE
AREA INCLUDING GARDEN OAKS, SUNSET
DRIVE, 8& MARY CIRCLE
July 3, 2002
Prepared For:
Growth Management Department
10500 North Military Trail
Palm Beach Gardens, Florida 33410
i
I
TABLE OF CONTENTS
I. Introduction ............................................ ............................... 3
IL General Description of the Annexation Area .................
4
A. Loatia .................................. ..............................4
B. Subject Propenies -Existing Land Use ................
4
C Subject Properties - Future Land Use ....................
5
D. Subject Properties - Zorn ng ..... ...............................
5
E. Sing Future Land Use Regulations and Zoning Districts: 5
F. Populatiar ............................... ..............................6
III. Compliance with Florida Statutes, Character of the Area to be Annexed 11
IV. Inventory of Public Service Facilities ...........................12
A . Datable Water Seruce ...... ...............................
12
R Sanitary Sewer Semite :......... ...............................
14
C Park and Recreation Seruces : ...............................
16
D. Pdic ePMWiar .................... ...............................
17
E. Fire Protection r . ...............................
F. Code E nfrnzernm: ................. ...............................
18
G General Murncipal Gownrner2 ...........................
18
V. Cost Estimates for Providing Public Services ...............19
VI. Potential Sources of Revenue for Providing Public Services 19
VII. Conclusion .......................................... .............................22
2
I. Introduction
This Urban Services Report sets forth a plan by which urban services will be provided to
Garden Oaks, Mary Circle, & Sunset Drive and their residents, if annexed into the City of
Palm Beach Gardens by referendum of voters residing within the area. The infon-nation
contained in this document has been prepared pursuant to state statute requirements for
involuntary annexation contained in § 171.042, F.S. As required by that section, the
information listed must be provided or addressed in this urban services plan.
(1) A map of the City and adjacent territory showing the present and proposed
municipal boundary.
(2) A map of the general land -use pattern in the area proposed to be annexed.
(3) A map indicating the location of existing major trunk mains for potable water
and sanitary sewer interceptors and outfalls, and the proposed extension of such
mains and outfalls, if required to serve the area proposed to be annexed.
(4) A statement certifying that the area proposed to be annexed is reasonably
compact, is contiguous to the City, and meets the test for being considered urban
or is undeveloped but is located between the City limits and an area developed
for urban purposes.
(5) A statement that describes the City's plans for providing the area proposed to be
annexed with those municipal services provided throughout the other areas of
the City at the time of annexation.
(6) A proposed timetable for constructing major water trunk mains and sewer mains
to serve the area proposed to be annexed, if existing water and sewer mains are
not available to serve that area.
(7) Plans on how the City will fund the municipal facilities and services needed to
serve the area proposed to be annexed.
Section 171.042, F.S., also requires that a copy of this plan be submitted to the Palm
Beach County Board of County Commissioners prior to the City initiating formal
proceedings and a voter referendum for involuntary annexation.
II. General Description of the Annexation Area
A. Location:
Garden Oaks, Mary Circle, & Sunset Drive are three residential neighborhoods, which
comprise the proposed annexation area. All parcels are located within unincorporated Palm
Beach County. The 148.86 -acre parcel bounded on the west by Military Trail, to the east by
Interstate 95, to the south by Grove Park Elementary and Garden Walk Manufactured
Home Park and to the north by Garden's Town Square, Garden Park Plaza and Dania Road,
a residential community. Square Lake residential development is to the west of the
development across Military Trail.
B. Subject Properties — Existing Land Use:
1. Garden Oaks is a built -out single - family home community. The Planned Unit
Development was approved by Palm Beach County on December 12, 1989. The
single - family development is separated into six major sections, which are
accessed by a spine road around a central patio home parcel. There are four
retention lakes provided on -site to deal with stormwater run -off; these lakes total
14.6 acres. The site includes an 8.0 -acre recreation parcel with a swimming pool,
pool house, tennis courts, and 4.5 acres of open space. According to the Palm
Beach County Property Appraiser, the 111.78 -acre area contains 453 parcels, of
which 418 are under separate ownership. The parcels are classified by the Palm
Beach County Property Appraiser's Office as 418 zero lot line parcels and the
remainder 35 parcels are Outdoor Recreation/Park Land, which includes
common open space, lakes, roadways, and recreation area.
2. Mary Circle is primarily developed as a single - family community. The
development has no recorded plat, nor does the Palm Beach County Building
Division have any records of initial development. The parcels are accessed from
Military Trail via South Mary Circle, which turns into North Mary Circle.
According to the Palm Beach County Property Appraiser's information, the 7.46 -
acre area contains 50 parcels of which 50 are under separate ownership. The
parcels are classified by the Palm Beach County Property Appraiser's Office as
46 single - family parcels, three vacant parcels, and one private school.
3. Sunset Drive is primarily developed as a multifamily community located on a
dead -end street. The development, referred to as the Kramer Subdivision after
the developer, Arthur Kramer, has no development approval or recorded plat,
nor does the Palm Beach County Building Division have any records of initial
development. According to the Palm Beach County Property Appraiser's
4
information, the 25.13 -acre area contains 66 parcels of which 64 are under
separate ownership. The parcels are classified by the Palm Beach County
Property Appraiser's Office as 44 multi- family parcels (duplex and triplex units),
16 single - family parcels, one vacant parcel, one non - profit orphanage, one
multistory office building and one retail store.
C. Subject Properties - Future Land Use
1. Garden Oaks has a PBC future land use designation of RH/8 (Residential I -ligh,
which permits up to eight dwelling units per acre on parcels larger than ten
acres). Resolution Number R-89-2232 approved this designation, on December
12, 1989.
2. Mary Circle has a PBC future land use designation of RW8 (Residential High,
which permits up to eight dwelling units per acre on parcels larger than ten
acres). This area also has a CH designation, which allows for intensive
commercial uses.
3. Sunset Drive has a PBC future land use of RH/8 (Residential High, which
permits up to eight dwelling units per acre on parcels larger than ten acres) The
two parcels located adjacent to Northlake Boulevard have a PBC future land use
designation of CH/8 (Commercial High, which permits intensive commercial
uses).
D. Subject Properties - Zoning
Garden Oaks has a PBC zoning designation of RM (Residential Medium),
which permits single and multi - family residential uses.
2. Mary Circle has a PBC zoning designation of RM (Residential Medium), which
permits single and multi - family residential uses.
3. Sunset Drive has a PBC zoning designation of RM (Residential Medium), which
permits single and multi - family residential uses.
E. Surrounding Future Land Use Regulations and Zoning Districts:
Major roadways bound the proposed annexation area to the north (Northlake Boulevard),
east (Interstate 95), and west (Military Trail). There are two commercial developments
(Garden Park Plaza & Gardens Town Square) and a residential street (Dania Road) to the
north that he within the municipal limits of Palm Beach Gardens. To the south is a
manufactured home community separated from the annexation area by a County Road (Park
Avenue).
5
TABLE 1: Surroundinz Existinz & Future Land Uses & Zonina Districts
DIRECTION
LAND USE
ZONING
Commercial (C) - Garden Park Plaza and
CG -1 (General Commercial)
NORTH
Gardens Town Square (PBG)
(PBG)
Residential Medium (RM) , Dana Road
RM (Residential Medium)
residential community (PBG)
(PBG)
Park Avenue, then Garden Walk Manufactured
RM (Residential Medium)
SOUTH
Home Community (PBC)
(PBC)
Institutional (I) - Grove Park Elementary
P/I ( Public / Institutional)
B
B
ROW. Interstate 95, across the interstate is
CG -1 (General Commercial)
Palm Beach Gardens Commercial (C) -
(PBG)
EAST
Crossroads at Northlake (PBG)
PUD (Planned Unit
Professional Office (PO) - Sandtree Office
Development) (PBG)
Buildings PBG
WEST
Residential Estate (RE) - Square Lake
RE (Residential Estate)
residential community PB C-)
(PB
F. Population:
The existing population of the annexation area is estimated by multiplying the number of
dwelling units by the average household size of 2.35 as established by the City of Palm
Beach Gardens Comprehensive Plan. The property appraiser's database identifies a total of
528 dwelling units (single and multi - family). Thus the population would be estimated at
1,241 people (528 X 2.35 persons per household as established by the City's Comprehensive
Plan).
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1II. Compliance with Florida Statutes, Character of the Area to be
Annexed
Chapter 171.043 Florida Statutes outlines the general criteria that an area being considered
for annexation must satisfy before a municipal government can proceed with an annexation
of an area by voter referendum Chapter 171.043 requires that any annexation must be able
to meet Subsections (1) and (2) as written below:
(1) The total area to be annexed must be contiguous with the municipality's boundaries
at the time the annexation proceeding is begun and reasonably compact, and no part of the
area shall be included within the boundary of another incorporated municipality.
(2) Part or all of the area to be annexed must be developed for urban purposes. An area
developed for urban purposes is defined as an area which meets any of the following
standards.
(a) It has a total residential population equal to at least two persons for each acre of
land included within its boundaries.
(b) It has a total residential population equal to at least one person for each acre of
land included within its boundaries and is subdivided into lots and tracts so that
at least 60 percent of the total number of lots and tracts are one acre or less in
size; or
(c) It is so developed that at least 60 percent of the total number of lots and tracts in
the area at the time of annexation are used for urban purposes, and it is
subdivided into lots and tracts so that at least 60 percent of the total acreage, not
counting the acreage used at the time of annexation for nonresidential urban
purposes, consists of lots and tracts 5 acres or less in size.
Staff Response
The proposed annexation area (Garden Oaks, Mary Circle, & Sunset Drive) is compact and
lies solely in Palm Beach County. The subject site is isolated from the south, east and west
by roadways, and the remaining side (north) of the area is contiguous to the City of Palm
Beach Gardens. Thus, the first standard is met because the proposed annexation area is not
within any other municipal boundary, is contiguous with the City of Palm Beach Gardens'
municipal boundary, and is compact.
With an estimated population of 1,241 persons on this 148± acre site, there are 8.39 persons
per acre. Thus, this proposed annexation fulfills the second standard of development for
urban purposes by having a population density greater than two persons for each acre of
land included within the proposed annexation area.
In summary, the proposed annexation meets the requirements of Chapter 171
concerning the character of the area to be annexed.
11
IV. Inventory of Public Service Facilities
A. Potable Water Service:
The City currently receives potable water service from the Seacoast Utility Authority (SUA).
The areas to be annexed are within the water service boundaries of the Seacoast Utility
Authority. There are two system improvements necessary to provide the same level of
service to annexed residents as provided to current City residents. These improvements
consist of the following:
1. Mary Circle would require Capital Expenditure expenses estimated at
$184,625.00 to provide service mains to an estimated 46 single - family homes. A
$1,650.00 connection fee 1 meter cost per unit is also required. Total cost is
estimated at $260,525.00.
2. Sunset Drive and 40`k' Terrace would require Capital Expenditure expenses
estimated at $272,500.00 to provide service mains to 94 individually metered
units. A $1,650.00 connection fee per unit is also required. Total cost is
estimated at $427,600.00.
Potential sources of these funds are various and include the following:
1. City of Palm Beach Gardens Fiscal Year 2003/2004 Capital Improvements
Budget. These improvements are currently unbudgeted expenditures in FY 2003
or beyond.
2. Residents could pay capital improvement fees sufficient to provide the service.
3. The City could create a special district or a special assessment to provide the
necessary improvements.
4. The City could apply for supplemental funds from such grant programs as the
Community Development Block Grant (CDBG) program or low interest loans
for the residents.
5. Certain combinations of the above referenced resources.
Since there is currently no citywide requirement that existing well system be disallowed and
property owners forced to hook up to SUA's service, there would be no requirement by the
City in newly annexed areas that the use of water well systems be discontinued.
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B. Sanitary Sewer Services:
The City currently receives sanitary sewer service from the Seacoast Utility Authority (SUA).
The areas to be annexed are within the service boundaries of the Seacoast Utility Authority.
There are two system improvements necessary to provide the same level of service to
annexed residents as provided to current City residents, which consist of the following:
1. Mary Circle would require Capital Expenditure expenses estimated at
$170,620.00 to provide service mains to an estimated 46 single - family home. A
$1,200.00 connection fee per unit is also required. Total cost is estimated at
$225,820.00.
2. Sunset Drive and 4Uh Terrace would require Capital Expenditure expenses
estimated at $418,750.00 to provide service mains to 94 individually metered
units. A $1,200.00 connection fee per unit is also required. Total cost is
estimated at $531,550.00.
Potential sources of these funds are various and include the following:
1. City of Palm Beach Gardens Fiscal Year 2003 /2004 Capital Improvements
Budget. These improvements are currently unbudgeted expenditures in FY 2003
or beyond.
2. Residents could pay capital improvement fees sufficient to provide the service.
3. The City could create a special district or a special assessment to provide the
necessary improvements.
4. The City could apply for supplemental funds from such grant programs as the
Community Development Block Grant (CDBG) program or low interest loans
for the residents.
5. Certain combinations of the above referenced resources.
Since there is currently no citywide requirement that existing septic system be disallowed and
property owners forced to hook up to SUA's service, there would be no requirement by the
City in newly annexed areas that the use of septic systems be discontinued.
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C. Park and Recreation Services:
The City currently owns and operates four neighborhood type parks for a total of 22 acres
and six community type parks with a total of 127.9 acres. Private parks classified as
neighborhood parks consist of 124 acres. The total of all publicly owned parks is 149.9 acres
and the total of all privately and publicly owned parks is 277.62 acres. Local recreational
needs are also provided through city - directed recreation program. The City organizes,
schedules, and staffs numerous recreation programs and classes including arts and crafts,
dance, athletics, exercise, community theatre, and continuing education classes. Annexation
of Garden Oaks, Mary Circle, and Sunset Drive will require no additional expenses, as all of
these facilities are currently used by City and Palm Beach County residents alike.
TABLE 2: Levels of Service for Recreational Facilities + 1.241 Persons
RECREATION
FACILITY
LEVEL OF
SERVICE
STANDARDS
INVENTORY
(1)
DEMAND (2)
SURPLUS ( +)
OR DEFICIT
Tennis Courts
1 per 4,000
80
9
+71
Shuffleboard Courts
1 per 7,500
17
5
+12
Racquetball Courts
1 per 15,000
25
3
+23
Basketball Courts
1 per 10,000
11.5
4
+7.5
Soccer Fields
1 per 4,500
10
8
+2
Softball / T -Ball /
Baseball Fields
1 per 6,000/ 1 per
8,000/1 per 5,000
23
18
+5
Roller hockey Rinks
1 per 20,000
1
1
0
Skate parks
1 per 30,000
1 3
1
0
Pavilions
1 per 10,000
24
4
+20
Picnic Area
1 per 10,000
6
4
+2
Vita Course / Jogging
Trail
1 per 30,000/1 per
20,000
8
3
+5
Playground/Tot Lot
1 per 7,000
13
5
+8
Horseshoes
1 per 7,000
6
5
+1
Fishing Area (non boat)
1 per 20,000
2
2
0
Boat Access
1 per 40,000
2
1
+1
Nature Center
1 per 90,000
1
0
+1
Community Swinuning
Pools
0.25 s.f. per capita
49
+9,000 s.f.
+45
Recreation Centers
i per 25,000
7
2
+5
Golf Course (18 Hole)
1 per 100,000
1 public / 3 private
0
+1/ +3
PARKS Neighborhood
Park/ Community Park
4.2 acres per 1,000
277.62 acres
152.5 acres
+125 acres
Notes:
(1) The inventory of recreational facilities is for existing and committed facilities
(including public and private).
(2) The demand for recreational facilities is calculated using the recreation level
of service standards in Table 2 rounding down to the nearest whole number
and a total population estimate of 36,299 for the City. This estimate is
derived from population projections of 35,058 provided by the Bureau of
V
Economic and Business Research (BEBR), University of Florida, and the
additional population for the proposed annexation area of 1,241 persons.
(3) A proposed public Skate Park is currently under construction.
Source: City of Palm Beach Gardens Comprehensive Plan
Palm Beach County is currently responsible for providing park and recreation facilities for
the residents of the subject area. The City of Palm Beach Gardens will provide park and
recreational facilities for the residents of the subject area if they are annexed into the City.
However, it must be noted that due to the proximity of the area to the City of Palm Beach
Gardens, it is possible that these residents already utilize City Park and recreational facilities.
Based on the existing population estimate of 1,241 residents for the proposed annexation
area, the City's existing park and recreation facilities are sufficient to accommodate this
additional population and still maintain the level -of- service standards for park and recreation
facilities adopted in the City's Comprehensive Plan. This is determined by reviewing Table 2
above. Table 2 indicates the Citys adopted level -of- service standards for recreation facilities
and the estimated demand on the City's recreational facilities. The total population estimate
for the City used in Table 2 includes the additional population of 1,241 residents of the
proposed annexation area.
D. Police Protection:
Police protection for the annexation area is currently provided by the Palm Beach County
Sheriff's Office. If the area is annexed, the City of Palm Beach Gardens will provide police
protection. The proposed annexation of the subject area will not exceed the established
level of service (LOS) for police. The level of service is established by factoring the number
of calls for service, average time for calls, administrative duties related to calls, and planned
activity /neighborhood patrols into a formula to determine the required manpower for a
population.
The population estimate of the City of Palm Beach Gardens and the proposed annexation
area is 36,299 (35,058 plus 1,241). There are 90 officers under the Chief of Police. Using
the LOS standard, the City would meet the standard absent any additional population
growth.
E. Fire Protection:
Palm Beach Gardens Fire Rescue is a full service fire rescue agency providing fire
suppression, advanced life support including transport, fire inspections, fire investigations
and community education. In 2001 the City's average response time for emergency service
citywide was 4.45 minutes.
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Currently Fire Rescue maintains an Insurance Services Office Rating of Class 3 and the City
is actively pursuing accreditation through the Commission on Fire Accreditation
International. Additionally, Fire Station Three, located on Northlake Boulevard, is under
construction with an anticipated occupancy of July 2002. This fire station will be located
approximately one mile from the proposed annexation area.
Upon the effective date of annexation, Fire - Rescue Services will be extended in the same
manner and to the same level of service as provided within current corporate limits. There
would not be a need for increased Fire- Rescue Service if Gardens Oaks, Mary Circle, and
Sunset Drive were to be annexed into the City.
F Code Enforcement:
The City of Palm Beach Gardens Code Enforcement Division currently divides the 56-
square -mile City into three (3) inspection zones. The neighborhood that is identified for the
proposed annexation would be incorporated into Code Enforcement Zone 3, which is
assigned to a specific Code Enforcement Officer. The Division consists of three full time
and one part-time inspector and three marked vehicles. The City anticipates the need for an
intense proactive education on the City Code Enforcement requirements on fences,
setbacks, and parking of commercial and recreational vehicles in the older sections of the
proposed annexation area. The City anticipates no adverse impact on the current workload
by the proposed annexation.
G. General Municipal Government:
The City currently provides community development services through the Growth
Management Department, which issues building permits, reviews site plans, issues
certificates of occupancy, ensures that development complies with the City's Comprehensive
Development Plan and handles other issues relating to the development of the City.
The Growth Management Department also provides for zoning regulation and rezoning of
City land areas. The land use and zoning of the area proposed for annexation may be
redesignated within one to two years of the date of annexation. Particular care will be
exercised in redesignation, in order to assure that full developmental rights will be preserved
for newly annexed areas.
Further infonnation on the proposed annexation may be obtained through the Growth
Management Department.
V
V. COST ESTIMATES FOR PROVIDING PUBLIC SERVICES
The preceding section indicates that the annexation of the proposed area properties will not
require any additional funding in order to provide required urban services. As this report
noted, that is because the annexation will not adversely affect established level of service for
parks and recreation, police and fire protection, code enforcement, and garbage pickup.
The single cost to the City of Palm Beach Gardens will be for general government services.
The per capita cost of the City providing general government services within the current
municipal boundary is estimated to be $ 468.00 for the year 2001. This estimate is calculated
using the following factors:
a. Annual Audit Report 2001
b. Population projections of 35,058 provided by the Bureau of Economic and
Business Research (BEBR), University of Florida, and the additional
population for the proposed annexation area of 1,241 persons.
The extension of urban services to the proposed annexation areas will not require any
additional overhead.
Estimated Total Costs:
Table 3 below indicates the total estimated annual costs of providing additional public
services to the proposed annexation areas at the time of annexation.
TABLE 3: ESTIMATED COSTS OF PROVIDING
ADDITIONAL PUBLIC SERVICES
PUBLIC SERVICE
ESTIMATED COST
Potable Water
$ 0.00
Sanitary Sewer
0.00
Parks and Recreation
0.00
Police Protection
0.00
Fire Protection
0.00
Refuse Collection
0.00
General Government
0.00
TOTAL
0.00
VI. Potential Sources of Revenue for Providing Public Services
There are various sources of revenue available to the City for maintaining the urban services
needed for the annexation area. These revenue sources include ad Valorem taxes, one -half
cent sales tax for local governments, state revenue sharing, communications service tax, and
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franchise fees. Each of these revenue sources is based on real property values, utility service
consumption, or population. If Garden Oaks, Mary Circle, & Sunset Drive properties are
annexed into the City of Palm Beach Gardens, each of these factors are anticipated to
provide additional revenues.
A. Ad Valorem Taxes:
It is estimated that the annual ad Valorem taxes that will be generated from annexing the
proposed areas will be approximately $351,104. This figure is calculated by multiplying the
total assessable value of $56,924,404.00 (accounts for properties with existing homestead
exemptions) for the three annexation areas, as determined by the Palm Beach County
Property Appraiser (See appendix A) multiplied by the City `s current millage rate
(0.0057765) plus debt (0.0003914) of 0.0061679.
B. One -Half Cent Sales Tax:
In 2001 the City received $2,489,118 (Annual Audit Report 2001) from the State of Florida
as its portion of the one -cent sales tax allocated to local governments. This amount is
approximately $71.00 per capita, using the most recent population estimate of 35,058
permanent residents for the City as estimated by the City of Palm Beach Gardens Finance
Department for budgeting purposes.
Annexing the proposed annexation area properties will generate approximately $88,111 in
additional revenue from the one -half cent sales tax. This figure is calculated by multiplying
the 2001 per capita figure for the one -half cent sales tax of $71.00 times the estimated
existing population of 1,241 residents within the proposed annexation area.
C. State Revenue Sharing:
In 2001 the City received $666,102 (Annual Audit Report 2001) in state revenue sharing,
which equates to a per capita amount in $19.00. This per capita figure is calculated by
dividing the total amount of state revenue sharing by the most recent population estimate of
35,058 permanent residents for the City.
Annexing the proposed annexation area will generate approximately $23,579 in additional
revenue. This figure is calculated by multiplying the 2001 per capita figure for state revenue
sharing of $19.00 times the estimated existing population of 1,241 residents within the
annexation area.
D. Franchise Tax:
In 2001 the City received $2,769,582 (Annual Audit Report 2001) in revenue from franchise
taxes, which equates to a per capita amount of $79.00. This per capita figure is calculated by
dividing the total amount of state revenue sharing by the most recent population estimate of
35,058 permanent residents for the City.
Annexing the proposed annexation area will generate approximately $98,039 in additional
revenue. This figure is calculated by multiplying the 2001 per capita figure for franchise
2(
taxes of $79.00 times the estimated existing population of 1,241 residents within the
annexation area.
E. Communications Service Tax:
In 2001 the City received $777,276 (Annual Audit Report 2001) in revenue from the
communications service taxes, which equates to a per capita amount of $22.00. This per
capita figure is calculated by dividing the total amount of state revenue sharing by the most
recent population estimate of 35,058 permanent residents for the City.
Annexing the proposed annexation area will generate approximately $27,302 in additional
revenue. This figure is calculated by multiplying the 2001 per capita figure for franchise
taxes of $22.00 times the estimated existing population of 1,241 residents within the
annexation area.
Table 4 shown below indicates the estimated annual revenue that the City of Palm Beach
Gardens can expect to collect in the first year as a result of the proposed annexation. This
table indicates the sources of revenue from ad valorem taxes, the one -half cent tax, state
revenue sharing, franchise taxes, and the communications service tax.
TABLE 4: ESTIMATED
FIRST YEAR REVENUE
REVENUE SOURCE
ESTIMATED REVENUE
Ad valorem taxes
$351,104
One -half cent sales tax
$88,111
State revenue sharing
$23,579
Franchise tax
$98,039
Communications service tax
$27,302
TOTAL
$588,135
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VII. Conclusion
In conclusion, this proposed annexation of Garden Oaks, Mary Circle, and Sunset Drive, as
shown in this Urban Services Plan, meets all the state requirements noted in Chapter 171,
F.S., to qualify for annexation into the City of Palm Beach Gardens. The subject area is
appropriate for annexation into the boundaries of the City of Palm Beach Gardens because
the subject area is compact and contiguous to the existing borders of the City of Palm Beach
Gardens on the north and the east. In addition, the area can clearly be characterized as a
compact urban location because of the average density of 8.39 persons per acre. Finally, the
proposed annexation of Garden Oaks, Mary Circle, and Sunset Drive is financially feasible
because the benefits of annexation will greatly assist any capital project necessary to provide
for extending urban services on the date of annexation in the same manner as such services
are provided within the rest of the City.
Overall, the annexation of this property will be beneficial to the City of Palm Beach Gardens
and the residents of the proposed annexation area.
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Date Prepared: July 28, 2003
Resolution 112, 2003
RESOLUTION 112, 2003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, AUTHORIZING THE TRANSMITTAL
OF AN AMENDMENT TO THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH
GARDENS RELATING TO CERTAIN PROPERTY CONSISTING OF
APPROXIMATELY 25.05 ACRES, GENERALLY LOCATED ON THE
WEST SIDE OF INTERSTATE 95, SOUTH OF NORTHLAKE
BOULEVARD, COMMONLY REFERRED TO AS THE "SUNSET
DRIVE" RESIDENTIAL DEVELOPMENT, TO CHANGE THE LAND
USE DESIGNATION FROM PALM BEACH COUNTY RESIDENTIAL
HIGH 8 (RI-18) TO CITY OF PALM BEACH GARDENS RESIDENTIAL
MEDIUM (RM); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 15, 2002, the City annexed an approximately 25.05 -
acre development commonly referred to as the "Sunset Drive" residential development
through a general election referendum that passed by 89 %; and
WHEREAS, City staff has prepared and reviewed an amendment to the Future
Land Use Map of the City's Comprehensive Plan in order to change the land use
designation of the newly annexed Sunset Drive residential development, totaling
approximately 25.05 acres, as more particularly described in Exhibit "A" attached
hereto, from its current Palm Beach County Residential High 8 (RH8) land use
designation to a City of Palm Beach Gardens Residential Medium (RM) land use
designation; and
WHEREAS, on June 24, 2003, the Planning and Zoning Commission, sitting as
the duly constituted Local Planning Agency for the City, recommended approval of the
Future Land Use Map Amendment to the Comprehensive Plan of the City; and
WHEREAS, after due notice and public hearing, the City Council of the City of
Palm Beach Gardens deems it in the best interest of the present and future residents of
the City that the proposed Comprehensive Plan Amendment be transmitted to the
appropriate public agencies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1: The foregoing recitals are hereby affirmed and ratified.
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Date Prepared: July 28, 2003
Resolution 112, 2003
SECTION 2: The Growth Management Administrator is hereby directed to transmit
the proposed amendment to the Future Land Use Map of the City's Comprehensive Plan
and supporting data, analysis, and other relevant material to the Department of
Community Affairs of the State of Florida and other appropriate public agencies.
SECTION 3: This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of
ATTEST:
M
.2003.
CITY OF PALM BEACH GARDENS, FLORIDA
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
AM
Christine P. Tatum, City Attorney
VOTE:
I,, ; • : ' : ►
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
Eric Jablin, Mayor
AYE NAY ABSENT
G: \attorney share \RESOLUTIONS \Reso 112 2003 - Sunset Drive map amendment - comp plan transmittal.doc
2
f
Date Prepared: July 28, 2003
Resolution 112, 2003
EXHIBIT "A"
LEGAL DESCRIPTION: SUNSET DRIVE RESIDENTIAL
BEING A PARCEL OF LAND LYING OVER A PORTION OF SECTION 24, TOWNSHIP
42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; SAID PARCEL
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 24; PROCEED
NORTH 88 032'48" WEST, ALONG THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 24, A DISTANCE OF 381.76 FEET; THENCE SOUTH
01 027'12" WEST, DEPARTING SAID NORTH LINE, A DISTANCE OF 100.00 FEET TO
A POINT OF INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OF
NORTHLAKE BOULEVARD (STATE ROAD NO. S- 809 -A) (A VARYING WIDTH
RIGHT -OF -WAY) PER THE STATE OF FLORIDA, STATE ROAD DEPARTMENT
RIGHT -OF -WAY MAP, SECTION 93600 -2606, LAST REVISED MAY 25, 1972, AND
THE WEST RIGHT -OF -WAY LINE OF INTERSTATE 1 -95 (STATE ROAD NO.9) (A
VARYING WIDTH RIGHT -OF -WAY) (PER THE STATE OF FLORIDA, STATE ROAD
DEPARTMENT RIGHT -OF -WAY MAP, SECTION 93220 -2402, LAST REVISED JUNE
28,1990); (THE FOLLOWING THREE COURSES ARE ALONG SAID WEST RIGHT -
OF -WAY LINE OF INTERSTATE 1 -95); THENCE SOUTH 37 012'23" EAST,
DEPARTING SAID SOUTH RIGHT -OF -WAY, A DISTANCE OF 128.06 FEET;
THENCE SOUTH 01000'05" WEST, A DISTANCE OF 209.45 FEET; THENCE SOUTH
08 032'22" EAST, A DISTANCE OF 58.61 FEET TO A POINT ON THE SOUTH LINE OF
THE NORTH 75.00 FEET OF THE SOUTH 2,260.21 FEET OF THE NORTHEAST
QUARTER OF SAID SECTION 24 AND THE POINT OF BEGINNING; THENCE
CONTINUE SOUTH 08 032'22" EAST, ALONG SAID WEST RIGHT -OF -WAY LINE, A
DISTANCE OF 804.53 FEET; THENCE SOUTH 01028'07" WEST, CONTINUING
ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 1392.68 FEET TO A
POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION
24, AND A POINT ON THE NORTH RIGHT -OF -WAY LINE OF THE MINKIN OUTFALL
DITCH (A 50.00 FOOT WIDE RIGHT -OF -WAY) AS RECORDED IN OFFICIAL
RECORD BOOK 2063, PAGE 826, PUBLIC RECORDS OF SAID COUNTY; THENCE
NORTH 88 038'05" WEST, DEPARTING SAID WEST RIGHT -OF -WAY LINE, AND
ALONG SAID SOUTH LINE, AND SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE
OF 507.00 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE -HALF, OF
THE EAST ONE -HALF, OF THE NORTHEAST QUARTER OF SAID SECTION 24,
AND A POINT ON THE EAST RIGHT -OF -WAY LINE OF SAID MINKIN OUTFALL
DITCH; THENCE NORTH 01 023'27" EAST, ALONG SAID WEST LINE, AND SAID
EAST DITCH RIGHT -OF -WAY LINE, THEN DEPARTING SAID EAST DITCH RIGHT -
OF -WAY LINE, A DISTANCE OF 2375.00 FEET TO A POINT ON THE NORTH LINE
OF THE SOUTH 2375.00 FEET OF THE NORTHEAST QUARTER OF SAID SECTION
24; THENCE SOUTH 88 °38'05" EAST, DEPARTING SAID WEST LINE, AND ALONG
SAID NORTH LINE, A DISTANCE OF 190.05 FEET TO A POINT ON THE EAST
Date Prepared: July 28, 2003
Resolution 112, 2003
RIGHT -OF -WAY LINE OF SUNSET DRIVE (A VARYING WIDTH RIGHT -OF -WAY):
THE FOLLOWING THREE COURSES ARE ALONG SAID EAST RIGHT -OF -WAY
LINE; THENCE SOUTH 01 °24'37" WEST, A DISTANCE OF 114.79 FEET; THENCE
NORTH 88 038'05" WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 01 °24'37"
WEST, A DISTANCE OF 75.00 FEET TO A POINT ON THE SOUTH LINE OF THE
NORTH 75.00 FEET, OF THE SOUTH 2260.21 FEET, OF THE NORTHEAST
QUARTER OF SAID SECTION 24; THENCE SOUTH 88 °38'05" EAST, ALONG SAID
SOUTH LINE, A DISTANCE OF 190.15 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 25.05 ACRES, MORE OR LESS.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: July-16, 2003
Meeting Date: August 21, 2003
Resolution 130, 2003
Subject/Agenda Item:
Accepting a Quit Claim Deed from the Northern Palm Beach County Improvement
District; Authorizing the Mayor and City Clerk to Execute a Quit -Claim Deed in Favor
of Downtown at the Gardens LLC for the Lake Parcel adjacent to the Downtown at
the Gardens project within the Regional Center DRI; Reserving certain rights to the
property for public use.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
(Total)
City Attorney
[ ] Approved
$
[ ]Approved w/
Current FY
conditions
[ ]Denied
Funding Source:
[ ] Continued to:
Advertised:
Date:
[ ] Operating
Attachments:
Paper:
[ ] Other
Submitted by:
!/'
, /
[ x ] Not Required
Department Director
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
Approved by:
ity anager
[ x ] Not required
Date Prepared: July 16 2003
Meeting Date: August 21, 2003
Resolution 130, 2003
BACKGROUND: As part of the Downtown at the Gardens project, the developer is
obligated to construct a public area consistent with the Lake Tract Improvements Plan
approved by Resolution 92, 2003. The Lake Tract is currently owned by the Northern Palm
Beach County Improvement District; which will be executing a Quit -Claim Deed to the Lake
Tract in favor of the City of Palm Beach Gardens. The Developer has requested that the
City of Palm Beach Gardens convey the Lake. Tract to Downtown at the Gardens, LLC to
enable Downtown at the Gardens, LLC to construct improvements consistent with the Lake
Tract Improvements Plan, including improved pedestrian walks, public gathering areas,
including street furniture and covered public space, and a 30,000- square foot pavilion for
public use.
Conveyance of the Lake Tract will result in several benefits to the City:
➢ 30,000 square feet public performance area
➢ In excess of $1,000,000.00 in park improvements available for public use
➢ $808,000.00 donation to the City
➢ Net increase of 3 acres of park land
➢ Perpetual maintenance of park facilities at no cost to the City
➢ Open for public access and use
To provide assurances to the City that the Lake Tract Improvement Plan is implemented in
a timely fashion, Downtown at the Gardens LLC has delivered a quit claim deed
reconveying the Lake Tract to the City. This deed will be held in escrow, subject to an
escrow agreement which will provide that if construction of the Lake Tract Improvement
Plan is not commenced by March 1, 2004, and completed by October 1, 2003, the City will
record the quit claim deed and title to the property will revert to public ownership.
STAFF RECOMMENDATION: Staff recommends approval of Resolution 130, 2003.
Date Prepared: July 14, 2003
RESOLUTION 130, 2003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ACCEPTING A QUIT -CLAIM DEED
FROM THE NORTHERN PALM BEACH COUNTY IMPROVEMENT
DISTRICT FOR THE LAKE PARCEL AT DOWNTOWN AT THE
GARDENS; AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A QUIT -CLAIM DEED IN FAVOR OF DOWNTOWN AT THE
GARDENS, LLC FOR THE LAKE PARCEL AT DOWNTOWN AT THE
GARDENS; RESERVING RIGHTS FOR THE PUBLIC TO ACCESS AND
USE THE LAKE PARCEL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Downtown at the Gardens, LLC is developing certain real property in
the City of Palm Beach Gardens known as Downtown at the Gardens; and
WHEREAS, as part of that development, Downtown at the Gardens, LLC is
obligated to construct a public area consistent with the Lake Tract Improvements Plan
approved by Resolution 92, 2003; and
WHEREAS, the Lake Tract is currently owned by the Northern Palm Beach County
Improvement District; and
WHEREAS, Northern Palm Beach County Improvement Districtwill be executing a
Quit -Claim Deed to the Lake Tract in favor of the City of Palm Beach Gardens; and
WHEREAS, Downtown at the Gardens, LLC has requested that the City of Palm
Beach Gardens convey the Lake Tract to Downtown at the Gardens, LLC to enable
Downtown at the Gardens, LLC to construct improvements consistent with the Lake Tract
Improvements Plan, including improved pedestrian walks, public gathering areas, including
street furniture and covered public space, and a 30,000- square foot pavilion for public use;
and
WHEREAS, Downtown at the Gardens, LLC has agreed that the Lake Parcel will
be reconveyed to the City of Palm Beach Gardens in the event that construction of the
Lake Tract Improvements Plan is not commenced and completed in a timely fashion; and
WHEREAS, conveyance of the Lake Tract is determined to be in the public interest
as it will facilitate the construction of park improvements for the benefit of the public at the
expense of Downtown at the Gardens, LLC; and
WHEREAS, a Quit -Claim deed has been prepared and is attached hereto; and
WHEREAS, the City Council has deemed adoption of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
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Date Prepared: July 14, 2003
Resolution 130, 2003
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council accepts the Quit -Claim Deed from the Northern Palm
Beach County Improvement District in favor of the City of Palm Beach Gardens.
SECTION 3. The City Council approves the Quit -Claim Deed in favor of Downtown
at the Gardens, LLC and hereby authorizes the Mayor and City Clerk to execute such Quit -
Claim Deed.
SECTION 4. This Resolution shall become effective immediately upon receipt of an
executed Quit Claim deed from the Northern Palm Beach Improvement District conveying
the Lake Tract to the City.
PASSED AND ADOPTED this day of
ATTEST:
Aw
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
IN
Christine P. Tatum, City Attorney
VOTE
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
, 2003.
CITY OF PALM BEACH GARDENS, FLORIDA
G: \attorney_share \RESOLUTIONS \quit claim deed.Menin.doc
2
Eric Jablin, Mayor
AYE NAY ABSENT
cn/
PREPARED AND RETURN TO:
Christine P. Tatum, Esq.
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
QUIT -CLAIM DEED
THIS QUIT -CLAIM DEED is executed this day of , 2003,
by the City of Palm Beach Gardens, a Florida municipal corporation, whose mailing
address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410 ( "Grantor ") to
Downtown at the Gardens LLC , a Florida Corporation, whose mailing address is 201 N.
U.S. Highway 1, Jupiter Florida 33477 -3401 ( "Grantee ").
Wherever used herein the terms Grantor and Grantee shall include singular and
plural, heirs, legal representatives, and assigns of individuals, and the successors and
assigns of corporations, wherever the context so admits or requires.
WITNESSETH, that the Grantor, for and in consideration of the sum of $10.00 in
hand paid by the Grantee, the receipt whereof is hereby acknowledged, does hereby
remise, release, and quit -claim unto the Grantee forever, all the right, title, interest,
claim, and demand which the Grantor has in and to the following described real
property ( "Property "), situate, lying, and being in the County of Palm Beach, State of
Florida, to wit:
See attached Exhibit "A"
Provided, however, the Grantor's conveyance of the Real Property shall be
subject to the following disclosures, covenants, restrictions, and /or easements which
shall run with the land, namely:
(1) All easements, restrictions, and reservations of record without reimposing
the same by this reference.
(2) Reservation of the perpetual right to the use of the Real Property by the
City and by the public. This reservation includes the right of the City on behalf of the
Public to use the Real Property for events it deems necessary and /or desirable, and
includes a perpetual public access easement to the Real Property, including the plaza
areas located east of Victoria Gardens Drive. Grantor and Grantee will enter into an
Operating Agreement to define and coordinate the use of the Real Property.
(3) Reservation of a perpetual easement in, over, under, and upon the Real
Property reserving unto the Grantor, together with its authorized employees, licensees,
and agents, the exclusive right and authority, but not the obligation to implement, install,
and maintain the lake plan identified in Resolutions 91, 2003 and 92, 2003 of the City of
Palm Beach Gardens, as the same may from Aime to time be amended.
TO HAVE AND TO HOLD the same together with all and singular the
appurtenances thereunto belonging or in anywise appertaining, and all the estate, right,
title, interest, lien, equity, and claim whatsoever of the Grantor, either in law or equity, to
the only proper use and benefit of the Grantee forever.
The Grantor's conveyance of the Property is being given without any statutory,
express, or implied warranties of any nature whatsoever, and the acceptance of the
Property by the Grantee shall be without recourse as to the Grantor.
IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the
day and year first above written.
ATTEST:
By:
CITY OF PALM BEACH GARDENS,
FLORIDA, a municipal corporation
By:
Patricia Snider, City Clerk Eric Jablin, Mayor
WITNESSES:
By:
Print Name:
By:
Print Name:
2
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this day of
, 2003, by Eric Jablin, Mayor, and Patricia Snider, City Clerk of CITY OF
PALM BEACH GARDENS, FLORIDA, a Florida municipal corporation, on behalf of the
corporation, who are personally known to me or who have produced
as identification and did not take an oath.
NOTARY SEAL Notary Public, State of Florida
Print Name:
G:\attorney_share\AGREEMENTS \quit claim deed - downtown atthegardens.doc
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EXHIBIT "A"
G: \attorney_share\AGREEMENTS \quit claim deed - downtown atthegardens.doc
" THIS IS NOT A BOUNDARY SURVEY
LEGAL DESCRIPTION
EXISTING LAKE TRACT
(WATER MANAGEMENT TRACT 3 -13)
ALL OF WATER MANAGEMENT TRACT 3 -B. AS SHOWN ON THE PLAT OF
REGIONAL CENTER PARCELS 27.09, 27.13 AND WATER MANAGEMENT TRACT 3-
B, AS RECORDED IN PLAT BOOK 90. PAGE 199 THROUGH 201. PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA,
CONTAINING 13.494 ACRES MORE OR LESS.
R
L
A
F.P.L.
L.S.E.
P.E.
P.B.
O.R.B.
SURVEYOR'S NOTES :
LEGEND
RADIUS
- ARC LENGTH
CURVE CENTRAL ANGLE
FLORIDA POWER AND LIGHT COMPANY
LIFT STATION EASEMENT
- PEDESTRIAN EASEMENT
PLAT BOOK
- OFFICIAL RECORD BOOK
CENTERLINE
1.) NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS OFFICE.
2.) BEARINGS AS SHOWN HEREON ARE BASED UPON THE EASTERLY LINE OF WATER
MANAGEMENT TRACT 3 —B, AS SHOWN ON THE PLAT OF REGIONAL CENTER PARCELS
27.09, 27.13 AND WATER MANAGEMENT TRACT 3 —B. AS RECORDED IN PLAT BOOK
90, PAGES 199 -201, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, HAVING
A PLATTED BEARING OF SOUTH 06!58'15" EAST.
UNLESS THIS DOCUMENT BEARS THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, MAP,
SKETCH OR PLAT IS FOR INFORMATION PURPOSES ONLY AND IS NOT VALID.
DATE CO S5 o3
CRAIG . PUSE(
PROFESSIONAL SU EYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5019
Landmark Surveying & Mapping Inc. SKETCH AND DESCRIPTION
1950 FOREST HILL BOULEVARD, SUITE 100
WEST PALM BEACH, 405 EXISTING LAKE TRACT
PHONE ) 433 3 -5405
L /5614396 WATER MANAGEMENT TRACT 3 -13. REGIONAL
FIELD: N/A DRAWN: L.C.B. SCALE: S• . 200' CENTER PARCELS 27.09. 27.13 AND WATER
BOOK: N/A DATE: MAY, 2003 PROJ. FILE JOBS/2527 MANAGEMENT TRACT 3 -13 (P.B. 90. PAGES 199 -201)
PAGE: N/A CHECKED: C.S.P. CADDFILE 2527LAKE SHEET NO. I OF 2 JOB NO. 2527
THIS IS NOT A BOUNDARY SURVEY
PARCEL 27.14
REGIONAL CENTER PARCELS
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: July 28, 2003
Meeting Date: August 21, 2003
Resolution 136, 2003
Subject /Agenda Item:
Resolution 136, 2003: Military Trail Grant
Consideration for approval: A City- initiated petition, providing for an expansion of a previously
approved program, to allow for a limited 50150 matching grant for single - family dwellings and
single - family and multi - family developments /subdivisions that abut the east and west sides of
Military Trail, between Northlake Boulevard and the EPB 3 -C Canal.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Originating Dept.:
FINANCE:
City Council Action:
Planner
Growth Management:
Principal
Costs: $20,000
[ ]Approved
Talal Benothman, AICP
Project 'LA /
Total
[ ] App. w/ conditions
City Attorney
Manager_
[ ] Denied
Christine Tatum, Esq.
Natalie Wong
2$ 0,000
[ ] Rec. approval
Allen Owens
Senior Planner
03/04 FY
[ ] Rec. app. w/ conds.
Finance Administrator
[ ] Rec. Denial
- - --
Funding Source:
[ ] Continued to:
Development Compliance
Attachments:
Advertised:
N/A
Date:
[ ] Operating
• Resolution 136, 2003
Bahareh Keshavarz, AICP
Paper:
• Grant procedure
• Resolution 189, 2002
[X] Other N/A
Growth Management c �
[X] Not Required
Director
Charles K. Wu, AICP
Budget Acct. #:
01- 1400 -515 -3150
City l a ag
Affected parties:
eris Rona
[ ] Notified
[X] Not Required
Date Prepared: July 28, 2003
Meeting Date: August 21, 2003
Resolution 136, 2003
Page 2
BACKGROUND
On November 7, 2002, the City Council approved Resolution 189, 2002, which provided for a
limited fifty /fifty matching grant for the single - family homeowners for properties abutting the
east side of Military Trail between Northlake Boulevard and PGA Boulevard. In total, ten
homeowners were rewarded individual grants that enabled them to make various improvements
to their homes and lots facing Military Trail.
Based on the direction given by the City Council at the July 17th meeting, staff is preparing
another Military Trail Grant for the FY 03/04. The proposed grant has been extended from PGA
Boulevard up to the EPC 3 -C Canal for both the east and west sides of Military Trail, and
includes single - family and multi - family developments /subdivisions as well as individual single -
family homes. The proposed grant will also allow for improvements within the right -of -way to
serve as "roadway beautification" for Military Trail.
Staff is proposing a City matching grant program out of the Growth Management Department's
budget since the income of these households will not likely qualify for Community Development
Block grants.
The 50150 matching portion is proposed at $2,000 per single- family dwelling, and $5,000 per
single- family or multi - family subdivision/development per year. The intent of the grant is to
make marked improvements to these specific homes or developments visible from the right -of-
way that would cause an immediate visual impact. The types of these improvements include, but
are not limited to, roof cleaning/repair, exterior walls, paint, landscaping, front fagade building
expansion, driveway, garage door, roadway beautification including signs, and other off -site
improvements, etc.
The budget for this project is $20,000, and has been included in the proposed budget for the FY
03/04. At the end of FY 03/04, staff will provide a status report on the grant programs to the
City Council.
STAFF RECOMMENDATION
Staff recommends approval of Resolution 136, 2003.
RESOLUTION 136, 2003
OA
Date Prepared: July 28, 2003
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA, APPROVING A LIMITED FIFTY /FIFTY
6 MATCHING GRANT PROGRAM FOR SINGLE - FAMILY AND MULTI -
7 FAMILY RESIDENTIAL DEVELOPMENTS /SUBDIVISIONS ABUTTTING
8 THE EAST AND WEST SIDES OF MILITARY TRAIL, BETWEEN
9 NORTHLAKE BOULEVARD AND THE EPB 3 -C CANAL; AND
10 PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS, on November 7, 2003, the City Council of the City of Palm Beach
14 Gardens approved Resolution 189, 2002, which approved a limited fifty /fifty matching grant
15 for single - family homeowners for properties abutting the east side of Military Trail between
16 Northlake Boulevard and PGA Boulevard; and
17
18 WHEREAS, Military Trail within the City limits of City of Palm Beach Gardens was
19 widened in 1995 from two (2) lanes to six (6) lanes that included few mitigating measures;
20 and
21
22 WHEREAS, the single - family and multi - family homes that abut the east and west
23 sides of Military Trail between Northlake Boulevard and the EPB 3 -C Canal have
24 experienced high volume vehicular traffic and its associated negative impacts such as
25 increased noise and fumes; and
26
27 WHEREAS, the negative impacts of the widening of Military Trail have resulted in
28 declining property values in some residential communities that could potentially destabilize
29 these communities; and
30
31 WHEREAS, it is the desire of the City Council of the City of Palm Beach Gardens to
32 provide opportunity for roadway beautification; for signs, and other off -site improvements
33 along Military Trail; and
34
35 WHEREAS, it is the desire of the City Council of the City of Palm Beach Gardens to
36 provide a limited 50/50 matching grant to those specific single - family dwellings and single -
37 family and multi - family developments /subdivisions that have experienced such negative
38 impacts in this area for home and property improvements; and
39
40 WHEREAS, it is the intent of the matching grant to arrest further decline of property
41 values, improve homestead ownership, and provide opportunities for roadway
42 beautification along Military Trail; and
43
44 WHEREAS, the City Council has deemed approval of this Resolution to be in the
45 best interest of the citizens and residents of the City of Palm Beach Gardens.
46
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Date Prepared: July 28, 2003
Resolution 136, 2003
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
approves a limited 50/50 matching grant program, specifically for single - family and multi-
family developments /subdivisions that abut the east and west sides of Military Trail
between Northlake Boulevard and the EPB 3 -C Canal, not to exceed $2,000 per applicant
for individual single - family dwellings and '$5,000 for single - family or multi - family
developments /subdivisions for on -site and adjacent right -of -way improvements, including
roadway beautification.
SECTION 3. The City Council authorizes staff to adopt specific procedures to
implement such grant program on behalf of the City.
SECTION 4. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
2.
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PASSED AND ADOPTED this day of
ATTEST:
MN
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Christine P. Tatum, City Attorney
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
Date Prepared: July 28, 2003
Resolution 136, 2003
2003.
CITY OF PALM BEACH GARDENS, FLORIDA
xw
Eric Jablin, Mayor
AYE NAY ABSENT
G:\attorney_share \RESOLUTIONS \Reso 136 2003 - beautification grants on military trail.doc
3
-4/
Military Trail Grant Procedure
Applicability:
1. The Military Trail Grant ( "Grant ") is applicable to only those single - family and
multi - family homes that abut the east and west side of Military Trail between
Northlake Boulevard and the EPB 3 -C Canal.
2. The Grant is limited to $2000.00 per single - family property, and $5000.00 per
multi- family developments /subdivisions per calendar year.
3. The Grant is a fifty /fifty match, with the homeowner being responsible for half,
and the City responsible for half as the matching portion. The amount is not to
exceed $2000.00 and $5000.00 for single - family dwellings and multi- family
development /subdivisions, respectively.
4. The Grant is limited to home or property improvements visible from Military
Trail such as roof cleaning/repair, exterior walls, paint, landscaping, front fagade
building expansion, driveway, garage door, signs and other related off -site
improvements related to roadway beautification. The grant shall cover material
and labor. Labor costs shall be from a property licensed contractor or estimated by
staff if the homeowner is doing the work.
Procedure:
1. The City staff prepares a Resolution for the City Council's approval authorizing
the initial approval of the Grant.
2. Applications are sent out by the City to all property owners within the designated
area of the Grant. Homeowner and/or subdivision or development representative
files an application, indicating the specifics and nature of the improvements. The
application may include photographs, plans, sketches, and written estimates from
licensed contractors. Additional information may be required, as determined by
the Growth Management Department.
3. Representatives from both the Building and Planning and Zoning Divisions visit
the property to document the need and nature of the proposed improvement and
verify code compliance.
4. The winners of the grant notified via certified mail. The notification will include
a contract that lists the permitted improvements and the amount of grant money
awarded. Within six months of signing the contract, all improvements are
required to be complete.
5. The homeowner proceeds with the home, property and/or off -site improvements.
6. Upon completion, Building staff verifies the work produce "as built" and material
involved.
7. The matching grant funds will be issued to the homeowners once Building
division has verified improvements.
Date Prepared: October 23, 2002
Page I
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 189, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR A LIMITED
FIFTY/FIFTY MATCHING GRANT FOR THE SINGLE FAMILY
HOMEOWNERS WHO OWN PROPERTIES ABUTTING THE EAST SIDE
OF MILITARY TRAIL, BETWEEN NORTHLAKE BOULEVARD AND PGA
BOULEVARD; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Military Trail within the city limits of City of Palm Beach Gardens was widened in
1995 from two (2) lanes to six (6) lanes that included few mitigating measures; and
WHEREAS, the single family homes that abut the east side of Military Trail, between Northlake
Boulevard and PGA Boulevard, have since experienced extremely high volume vehicular traffic and
its associated negative impacts such as increased noise and fumes; and
WHEREAS, the negative impacts of the widening of Military Trail have resulted in declining
property values that could potentially destabilize the residential neighborhood; and
WHEREAS, it is the desire of the City Council of the City of Palm Beach Gardens to provide a
limited 50/50 matching grant to those specific single family homeowners who have experienced such
negative impacts in this area for home and property improvement; and
WHEREAS, it is the intent of the matching grant to arrest the further decline of property values and
to improve homesteaded ownership; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the
citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Council of the City of Palm Beach Gardens, Florida, hereby approves a
limited 5 0/5 0 matching grant specifically for owners of single family homes that abut the east side of
Military Trail, between Northlake Boulevard and PGA Boulevard, not to exceed $2,000 per applicant
per year.
Date Prepared: August 15, 2002
Page 2
SECTION 3: The City Council authorizes staff to adopt specific procedures to implement such grant
program on behalf of the City.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
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: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this day of
-_< h
- �.-
ATTEST:_ =
-Fr
XTRLICT SNIDER; =CITY CLERK
I -HEREBi' CERTIFY that I have
approved this:RESOLUTION as to form.
LEONARD RUBIN
CITY ATTORNEY
\ flct (10,10t.
A
VOTE: AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR SABATELLO r/
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO �
COUNCILMEMBER DELGADO -�
20e2a- .
/O
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: August 12, 2003
Meeting Date: August 21, 2003
Resolution 141, 2003
Subject/Agenda Item: Resolution accepting Warranty Deeds from Taylor Woodrow
Communities at Mirasol, LTD. conveying to the City Park Property and the Access
Road adjacent to the Park Property.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Originating Dept.:
Costs: $ N/A
Council Action:
(Total)
Principal
City
Attorney
[ ] Approved
Planner
Talal Benothman, AI P
Christine Tatum, Esq.
City
$
[ ]Approved w/
Attorney
Current FY
conditions
Christine Tatum, Esq.
[ ]Denied
Civil Enginee
Todd Engle
Advertised:
Funding Source:
[ ] Continued to:
Comm. Service Admin.
Date:
[ ] Operating
Attachments:
Jack Dbu ne
—
i
Paper:
[ ] Other
Submitted by:
[ x ] Not Required
Department Director
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
Approved by:
x ] Not required
Ronal M. Ferris
Date Prepared: August 12 , 2003
Meeting Date: August 21, 2003
Resolution 141, 2003
• BACKGROUND: Ordinance 8, 2000 approved an amended development order
for the Mirasol PCD. As a condition of that approval, the developer, Taylor
Woodrow Communities, Inc. was required to construct a 15 -acre park (Tract Z)
and an adjacent access roadway (Tract U), and convey both parcels to the City
upon completion of the park. Both the park and the roadway have been
completed and accepted for use by the City. Taylor Woodrow has provided
the City with a copy of a title insurance policy relating to the property, and has
supplied the City with an updated Phase I Environmental Assessment for the
Property.
• STAFF RECOMMENDATION: Staff recommends approval of Resolution 141,
2003.
F ILL No .2b3 08/3 '03 1 b : 03 1 D : URbAN UES I GN S I UD 1 U
MEMORANDUM
TO: Christine T m, City Attorney
City of Palm Be h Gardens
FROM: Anne Booth
DATE: August 7, 2003
SUBJECT: Mirasol Park Dedication
FAX : bbl 3bb 1100 NRUE I/ 3
Urban Design
Urban Planning
Land Planning
Landscape Archhedure
Attached please find the Executive Summary of the Phase 1 Environmental Assessment
for the City Park at Mirasol. The complete Phase I ESA report will be available next
week. it is my understanding that you needed this Executive Summary in order to
proceed with placing the acceptance of the park on the agenda It is our hope that this
item can he placed on the August 21" City Council agenda. Please let me know if that
will be possible, or if you will require the entire report before that can. happen,
Should you have any questions, or need any additional information, please let me know.
477 S. Rosemary Avenue
Suits 225 The Lofts at City Place
Weal Palm Reach, Florida 33401
581.388.1100 501.366.1111 fax
LCC36
f1Lt No.i�b�3 UU/Q6 "W 1b :U,3 1U:UKbHN Ut51UN �>IUU1U
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RING- -M -200 13:86 DE 8 T
Taylor Woodrow CoumuWtias At Mh 01
Projaat No. 03 -22 -4211
rHx : bbl A)U 11 VU VHbt el 6
561 835 4181 t'.iu/w
RJ GLPITViIC Summ"Y
Vialkelbmger Pagiucem* & Tooft Inc. (DM),iw oompletod a Phase I Rnvuamnental She
Assasemeat MSA) of a 17t -ate pmd of held looted at 12385 Jog Road is Pala &rack
Gardm e, Florida. The RSA was perlbmed is geaelrtxl coufotmarm with the scopa and
limitations of ASTM E 1527-00. Any etcoeptiions t% or deletions fi m, thin omdwd of practice
are disauamd in the r xwL
Land use in tits site eras is nraldediai and racrestioatl in n lure.
Jog Road and Florida's Tumpike sags in place along tho swtdt Bad east property boundaries,
respsovoiy. The San Mwww azWd- family mW4mtW ootmeretttttity oxists on the south side ofJog
Road. A 2.5t -acre ma-umb lake axials slang the wsat p W=ty botmdary. The Mimbella at
Milwi sing1wiamily raidogial community ox o an the went aide of the man -made lake.
Vacant laird abuts ttie site to the m* The vacant land is desipated as a fixture
elone ntary/middle: school site. A unitary wmV lift stances exist at the southwest property
comer.
The site is known as Mimml Community PW1;- It ig toughly reotangat'1ar in a with maximum
pima diawcsious of 750 feet (mm*4outh) by 1,060 eat (east - west). Park amenities include a
soccer field, a baseball Reid, bask" court, to'nib courts, and volleyball coutte. The soeam
field axles within the east half of the site whib the reaaaining fbatim are lacatad within then
west half of the pmpstty. A paved parking an with swim mi pbn dimensions of 300 feat
(neath- south) by 125 foot (amt -wet) aims botwonn the baseball field and the =Kwm field. A
paved two -lase roadway is in place along do oast site boundary.
The site supports four strucbtres of cattoee+ete block oaeuRrtt;dca with eoneretc floors =4 banal
tile: rook- A smazary of the qru ftm, their muse, std Wild= is pmee rated hawk.
$MWft?W
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FILE No .253 08/08 '03 1604 I D : URBAN DESIGN STUD I O
Taylor Woodrow Couamurdtin at MhM1
Project No. 03- 22.4211
FAX:561 366 1100 PRUE �/ :5
5bi dM Aloe r. nyn.3
Review of biatorical pbo%ps* oovasia:;g the period fiat; 1973 to 2002 indicates dw do vets
appeaud as vacant, uttdeveioped land It m 19" to 1998. Yagetatioa had been removed km
the pmpWy !or the cmuuo" of the WUrawl Community Park in 2002.
Historical aerial photographs dating back to 1973 wort else revie W to evaluate the use of the
tracts of lased abutting the site. 'Vacant head was a *mo slaceat to the aite to the West, north.
W south in 1973. Motdda's Turnpike was in play aWng do anal bam4ary in 1973. Farmland
(row crops) existed within do 4somt propsrW to rho not of tbo otdoot site in 1981 ad
oppeared fallow by 1989. JoS Road was is place along *a wulh bmmdary of the sit& in 2002.
The San Mmw multi - family raddeadal com=ity misled on the south side of Jail Road in
2002. A 2 -S# -acre mat -made Wta was is place along fire wart boun4ary of the site in 2002. The
Mimbdb at Wraeol singie-family residendal commualty axiotad west of the cm-made Ww in
2002.
The site nut aijacett properties are oet Hated as any Federal or State eavirosmsasW database
that would bxkc c a possible aurresnt or h mm we involving mmuhatvm storage or disposal of
hazardous or toxic matmials, pabstumn or weata.
This as courant boa revesled sa evidence of reaegasiead anvironssaeaaal coo4fions in connection
with rho property however, it is impaclast to saaliao that A but the most exhaustive studies
could fail to locate a k aslised sweat of toxic of hanse lm wale tm000ltolled dumpim, This
notwitimaanding and given to won preaaaad hemn and lever of my on petfasnod.
we And no evidanaoc a juadty Anther aavisvcuaoatal study of the aft.
This executive summary is no to be teed al one. Tim report must be read in its andraty.
Vi
TOTC L P.03
J I I
4ANT
Taylor Woodrow
July 24, 2003
Christine Tatum, Esquire
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RECEIVED AUG 0 6 2003
Re: Taylor Woodrow Communities at Mirasol, Ltd.
Conveyance of City Park Property and Access Road to
The City of Palm Beach Gardens
Dear Christine:
8430 Enterprise Circle
Suite 100
Bradenton, Florida 34202
Tel 941.554.2000
Fax 941.554.3005
taylorwoodrow.com
Direct Dial: 941 - 554 -2041
I am enclosing for your review and file, Chicago Title Insurance Company Policy No. 10-
2232- 106 - 00000017 which was issued for the acquisition of Mirasol by Taylor Woodrow.
Please be advised that since the issuance of this policy, our entity name has been changed
to "Taylor Woodrow Communities at Mirasol, Ltd. ", a Florida limited partnership.
I am also enclosing fresh copies of the two deeds, one which conveys the City Park property
(Tract Z) and one that conveys the access road adjacent to the Park property (Tract U).
These deeds have previously been approved by you for content and form, and have only
been revised to bring them date current.
I am of the understanding that information regarding the environmental condition of the
property has already been provided, or will shortly be forthcoming, to you.
We would, therefore, respectfully request that you place the approval of these deeds for
conveyance on the agenda for the next Commission meeting and advise us of their
acceptance.
Thank you for your assistance in this regard.
Sincerely,
TAY R WOODROW COMMUNITI AT MIRASOL, LTD
Jana . Longton
Legal ssistant
/jwc
enclosu e
ALTA Owner's Policy (10- 17 -92) (WITH FLORIDA MODIFICATIONS)
AMERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY (10- 17 -92)
(WITH FLORIDA MODIFICATIONS)
10 2232 106 00000017
CHICAGO TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE
INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown
in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or
incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;.
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but
'
only to the extent provided in the Conditions and Stipulations.
In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as
of the Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized
signatory.
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CHICAGO TITLE INSURANCE COMPANY
Issued by: By'
MF SERVICES CORP.
4400 PGA BOULEVARD, SUITE 900 �G
PALM BEACH GARDENS, FLORIDA 33410
(407) 626 -4800 President
Q By:
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Secretary
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ALTA Owner's Policy (10- 17 -92) (WITH FLORIDA MODIFICATIONS)
CHICAGO TITLE INSURANCE COMPANY
OWNERS FORM
SCHEDULE A
Office File Number Policy Number Date of Policy Amount of Insurance
P -30 10 2232106 000017 October 23, 1998 $21,050,000.00
at 4:11 p.m.
Name of Insured:
TWC /GOLF DIGEST, LTD., a Florida limited partnership
2. The estate or interest in the land described herein and which is covered by this policy is:
Fee Simple
3. The estate or interest referred to herein is at Date of Policy vested in the insured.
4. The land herein described is encumbered by the following mortgage or trust deed, and
assignments:
** *NONE * **
and the mortgages or trust deeds, if any, shown in Schedule B hereof:
5. The land referred to in this policy is described as follows:
A parcel of land located in Sections 32, 33 and 34, Township 41 South, Range 42 East, and
Sections 3, 4 and 5, Township 42 South, Range 42 East, within the municipal limits of the City
of Palm Beach Gardens, Palm Beach County, Florida, and being more particularly described as
follows:
That part of said Section 32, Township 41 South, Range 42 East and Section 5, Township 42
South, Range 42 East, lying Southerly and Easterly of the following described line, LESS AND
EXCEPTING THEREFROM the right of way of P.G.A. Boulevard as set forth in deed recorded
in Official Records Book 879, page 549 and as shown in Road Plat Book 6, pages 110 to 112,
inclusive:
Beginning at the Southeast corner of the Northeast Quarter (NE 1/4) of the Northeast
Quarter (NE 1/4) of said Section 32; Thence South 870 51' 32" West, a distance of
2,043.58 feet; Thence South 14° 34'41 " East, a distance of 2,810.32 feet; Thence South
090 24'33" West, a distance of 1,084.59 feet; Thence South 01° 57'52" West, a distance
of 295.24 feet; Thence South 030 21'52" West, a distance of 513.19 feet; Thence South
240 21'40" West, a distance of 330.77 feet; Thence South 050 00' 39" East, a distance
of 432.90 feet; Thence South 25° 49' 16" East, a distance of 727.51 feet; Thence South
12° 36'58" East, a distance of 2,826.15 feet; Thence South 01° 30'59" West, a distance
C:\OFFICE\WPWIN\WPDOCS\MAC\C9805087.POL
Policy Number:
CHICAGO TITLE INSURANCE COMPANY
OWNERS FORM
SCHEDULE A, continued
of 594.59 feet to a point on the South line of said Section 5 and the Point of Terminus
of the herein described line.
Together with the South three quarters (South 3/4) of said Section 33, Township 41 South, Range
42 East, LESS AND EXCEPTING THEREFROM the right of way of Hood Road, as set forth
in Minutes of the County Commission of September 5, 1911 and April 20, 1927 recorded in
Commissioners Minutes Book 1, page 443 and Commissioners Minutes Book 11, page 12,
respectively, and in Right of Way Deed recorded in Official Records Book 5570, page 1087.
Together with that part of the South three quarters (South 3/4) of said Section 34, Township 41
South, Range 42 East lying Southerly of the South right of way line of Hood Road as described
in Minutes of the County Commission of September 5, 1911 and April 20, 1927 and in Right of
Way Deeds recorded in Official Records Book 1139, page 65, Official Records Book 382, page
304 and Official Records Book 5570, page 1144; LESS AND EXCEPTING THEREFROM the
right of way of Florida's Turnpike as described in Deed Book 1119, at page 673 and Minutes of
the Circuit Court Book 74, page 568, and as shown in Road Plat Book 2, pages 66 to 68 and 81,
and those certain parcels of land described in Official Records Book 5668, at page 1095, and
Official Records Book 1380, at page 46, public records of Palm Beach County, Florida.
Together with all of Section 3, Township 42 South, Range 42 East, LESS AND EXCEPTING
THEREFROM the right of way of Florida's Turnpike as described in Minutes of the Circuit Court
Book 67, page 566 and as shown in Road Plat Book 2, pages 66 to 68 and 81, the Turnpike
Interchange as described in Official Records Book 1160, at page 313 and Official Records Book
1160, at page 315, and the right of way of P.G.A. Boulevard, as set forth in deeds recorded in
Official Records Book 879, page 549, Official Records Book 879, page 565 and Official Records
Book 2399, page 1073, and as shown in Road Plat Book 6, pages 110 to 112, inclusive. ALSO
LESS AND EXCEPTING THEREFROM the following described parcel:
COMMENCING at the Southeast corner of said Section 3, thence North 88° 27' 04"
West, along the South line of the Southeast One - Quarter (SE 1/4) of said Section 3, a
distance of 903.50 feet; thence North 01° 35' 04" East, departing from said South line,
a distance of 98.75 feet to a point in the North right of way line of the above - referenced
P.G.A. Boulevard, said point also being the POINT OF BEGINNING of the herein
described LESS OUT parcel; thence from the Point of Beginning, run South 87° 59' 19"
West, along said North line, a distance of 625.00 feet; thence North 43° 30' 10" West,
departing from said North line, a distance of 623.19 feet to a point on a curve concave
westerly (a radial line passing through said point bears North 43° 30' 10" West) having
a radius of 175.00 feet; thence northwesterly along the arc of said curve through a central
angle of 111 ° 36' 20 ", a distance of 340.88 feet to a point on a curve concave easterly
(a radial line passing through said point bears South 83° 33' 56" East) having a radius of
2940.00 feet; thence northerly along the arc of said curve through a central angle of 07°
C: \OFFICE\ WP WIMWPDOCSkMAC1C9805087.POL
Policy Number:
CHICAGO TITLE INSURANCE COMPANY
OWNERS FORM
SCHEDULE A, continued
01' 34 ", a distance of 360.53 feet; thence South 88° 24' 56" East, a distance of 1067.38
feet to the West right of way line of the above referenced Florida's Turnpike; thence
South 01° 35' 04" West, along said West right of way line, a distance of 1041.54 feet to
the POINT OF BEGINNING.
Together with all of Section 4, Township 42 South, Range 42 East, LESS AND EXCEPTING
THEREFROM the right of way of P.G.A. Boulevard, as set forth in deed recorded in Official
Records Book 883, page 731 and as shown in Road Plat Book 6, pages 110 to 112, inclusive.
This Policy is valid only if Schedule B is attached
C:\OFFICE\WPWIMWPDOCS\NlAOC9805087.POL
CHICAGO TITLE INSURANCE COMPANY
OWNERS FORM
SCHEDULE B
Policy Number:
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees
or expenses) which arise by reason of:
General Exceptions:
1. Rights or claims of parties in possession not shown by the public records.
2. Encroachments, overlaps, boundary line disputes, and any other matters which would be
disclosed by an accurate survey and inspection of the premises.
Easements or claims of easements not shown by the public records.
4. Any lien, or right to a lien, for services, or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
5. Taxes or special assessments which are not shown as existing liens by the public records.
Special Exceptions: The mortgage, if any, referred to in Item 4 of Schedule A., if this schedule is
attached to an Owner's Policy.
6. Taxes and assessments for the year 1998 and subsequent years.
7. Canal, reclamation, oil, gas and mineral reservations contained in deed from the Trustees of the
Internal Improvement Fund recorded in Deed Book 763, page 352, as partially assigned to
Central and Southern Florida Flood Control District by instrument recorded in Deed Book 1104,
page 520. (Sections 32 and 33)
8. Canal, reclamation, oil, gas and mineral reservations contained in deed from Everglades Drainage
District recorded in Deed Book 790, page 381. Canal and reclamation reservations were partially
released by instrument recorded in Official Records Book 1730, page 643, as corrected in Official
Records Book 1744, page 885. (Sections 32 and 33)
9. Canal, reclamation, oil, gas and mineral reservations contained in deed from the Trustees of the
Internal Improvement Fund recorded in Deed Book 314, page 371. (Section 32)
10. State road right of way reservations contained in deed from the Trustees of the Internal
Improvement Fund recorded in Deed Book 636, page 424. (Sections 4 and 5)
11. Easement for drainage purposes granted to Eastpointe Development Company and Philip D.
Lewis, recorded in Official Records Book 2249, page 507, as affected by Quit Claim Deeds
C:\OFFICE\WPWfMWPDOCS\MAC\C9805087.POL
CHICAGO TITLE INSURANCE COMPANY
OWNERS FORM
SCHEDULE B, continued
Policy Number:
recorded in Official Records Book 4247, page 567 and Official Records Book 4491, page 1773.
(Sections 5, 32 and 33)
12. Drainage Easement granted to the County of Palm Beach recorded in Official Records Book 973,
page 190. (Section 5)
13. Easements vested in Florida Power & Light Company pursuant to Order of Taking recorded in
Official Records Book 6873, page 1317 and Final Judgment recorded in Official Records Book
7918, page 867. (Sections 5 and 32)
14. Easement for canal and ditch purposes granted to Northern Palm Beach County Water Control
District and Philip D. Lewis, recorded in Official Records Book 4247, page 580. (Sections 5, 32
and 33)
15. Easement granted to Eastpointe Development Company recorded in Official Records Book 2249,
page 510, as affected by Certificate of Completion recorded in Official Records Book 2517, page
481, and as further affected by Easement Agreement recorded in Official Records Book 3830,
page 735. (Section 33)
16. Canal, reclamation, oil, gas and mineral reservations contained in deeds from the Trustees of the
Internal Improvement Fund recorded in Deed Book 155, page 140 and Deed Book 155, page 141.
(Section 33)
17. Oil, gas and mineral royalty reservation contained in deed from Celia Grant and Edward B. Grant
recorded in Official Records Book 82, page 472. (Section 34)
18. Easements granted to Florida Power & Light Company recorded in Official Records Book 2285,
page 631 (Section 33), Official Records Book 2268, page 54 (Section 34), Official Records Book
2268, page 55 (Section 34), and Official Records Book 3171, page 70 (Section 3).
19. Terms, provisions and restrictions contained in Unity of Title Agreements recorded in Official
Records Book 3100, page 29 (Section 34) and Official Records Book 3085, page 1817 (Section
4)
20. Limited access provisions and restrictions prohibiting billboards and other signs contained in
deeds to the Florida State Turnpike Authority recorded in Deed Book 1119, page 673 (Section
34), Official Records Book 1160, page 313 and Official Records Book 1160, page 315 (Section
3).
21. Easements granted to Palm Beach County Utilities Company recorded in Official Records Book
2785, page 1226 and Official Records Book 2785, page 1229, as assigned to John D. and
C:\OFFICE\WPWMWPDOCSkMAC\C9905087.POL
CHICAGO TITLE INSURANCE COMPANY
OWNERS FORM
SCHEDULE B, continued
Policy Number:
Catherine T. MacArthur Foundation in Official Records Book 5542, page 1399, and further
assigned to Seacoast Utility Authority in Official Records Book 6002, page 62 and Official
Records Book 6007, page 1275. (Section 3)
22. Easement for ingress, egress and utilities granted to Philip D. Lewis in Official Records Book
4250, page 1243, as conveyed in Official Records Book 4407, page 1838, and as affected by
Partial Release of Easement recorded in Official Records Book 5465, page 807. (Section 33)
23. Easement granted to Seacoast Utilities, Inc. recorded in Official Records Book 5344, page 1261,
as assigned to Seacoast Utility Authority in Official Records Book 6463, page 1177. (Section
33)
24. Utility Easements granted to John D. and Catherine T. MacArthur Foundation recorded in
Official Records Book 5880, page 1732 (Sections 3 and 4), Official Records Book 5880, page
1735 (Sections 33 and 34), Official Records Book 5880, page 1742 (Section 4), Official Records
Book 5880, page 1745 (Sections 33 and 34), Official Records Book 5880, page 1749 (Section
4), Official Records Book 5880, page 1775 (Sections 3 and 34), Official Records Book 5880,
page 1789 (Section 3), and Official Records Book 5880, page 1795 (Section 4), as assigned to
Seacoast Utility Authority in Official Records Book 6002, page 62 and Official Records Book
6007, page 1275.
25. Access Easement granted to John D. and Catherine T. MacArthur Foundation recorded in Official
Records Book 5926, page 114, as assigned to Seacoast Utility Authority in Official Records Book
6463, page 1186. (Sections 4 and 33)
26. Terms, provisions and easement contained in Drainage Easement Agreement between John E.
Corbally, et al., etc. and John D. and Catherine T. MacArthur Foundation recorded in Official
Records Book 5745, page 1025. (Section 3)
27. Utility Easements granted to Seacoast Utility Authority recorded in Official Records Book 6525,
page 940 (Section 34), Official Records Book 7470, page 1046 (Section 34), Official Records
Book 7470, page 1050 (Section 3), and Official Records Book 7470, page 1054 (Section 34).
28. Easement granted to Florida Power & Light Company, Southern Bell Telephone and Telegraph
Company and Palm Beach County Utilities Company recorded in Official Records Book 2182,
page 900, assigned as to the interest of Palm Beach County Utilities Company to John D. and
Catherine T. MacArthur Foundation in Official Records Book 5542, page 1399, and further
assigned to Seacoast Utility Authority in Official Records Book 6002, page 62 and Official
Records Book 6007, page 1275. (Section 4)
C:\OFFICE\WPWIN\WPDOCS\MAC\C9805087.POL
CHICAGO TITLE INSURANCE COMPANY
OWNERS FORM
SCHEDULE B, continued
Policy Number:
29. Terms and provisions of Addendum to Assignment and Assumption Agreement between Seacoast
Utility Authority and John D. and Catherine T. MacArthur Foundation recorded in Official
Records Book 6002, page 76. (Sections 4 and 33)
30. Matters contained in Notice and Disclosure of Taxing Authority by Northern Palm Beach County
Improvement District recorded in Official Records Book 10293, page 928.
31. Easement for underground water and sewer utility purposes granted to Seacoast Utility Authority
recorded in Official Records Book 9774, page 75. (Section 33)
32. Terms and provisions of the Seacoast Utility Authority Class "A" Reclaimed Water Agreement
recorded in Official Records Book 10483, page 702.
33. All matters disclosed by the survey of Lidberg Land Surveying, Inc., Job No. 98- 237(101), dated
October 6, 1998 and revised October 16, 1998. Said survey states that no exterior or interior
improvements were located thereon; accordingly, this policy is subject to such encroachments,
overlaps, easements or claims of easements which would have been disclosed had such
improvements been located.
34. Unrecorded Lease dated December 20, 1990 between the Trustees of the MacArthur Liquidating
Trust and the City of Palm Beach Gardens, together with Letter Agreement dated June 27, 1991
and Amendment to Lease dated January 25, 1995.
35. Reservations and covenants contained in the Special Warranty Deed from John D. and Catherine
T. MacArthur Foundation to TWC /Golf Digest, Ltd. recorded in Official Records Book 10710,
page 584.
36. Terms, provisions, restrictions and covenants contained in the Agreement of Covenants,
Conditions and Restrictions recorded in Official Records Book 10710, page 595.
Note: General Exceptions I through 5 are hereby deleted.
Countersigned
Authorized signatory
NOTE: Recording references are to the public records of Palm Beach County, Florida, unless otherwise noted.
NOTE: If this schedule is attached to a Loan Policy, junior and subordinate matters, if any, are not reflected herein.
NOTE This policy consists of insert pages labeled Schedule A and B. This Policy is of no force and effect unless
both pages are included along with any added pages incorporated by reference.
C:\OFFICE\WPWMWPDOCSU-AAC\C9805087.POL
ENDORSEMENT NO. 1
Attached to Policy No.
10 2232 106 00000017
Issued by
CHICAGO TITLE INSURANCE COMPANY
THE PURPOSE OF THIS ENDORSEMENT IS TO AMEND THE ABOVE CAPTIONED AS
FOLLOWS:
Item 19 of Schedule B is hereby deleted.
ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
This endorsement is made a part of the Commitment or policy. It is subject to all the terms of the
Commitment or policy and all prior endorsements. Except as shown on this endorsement, the
terms, dates and amount of the Commitment or policy and prior endorsements are not changed.
DATED: February 25, 1999
NJ
Authorized Si
0
ENDORSEMENT
Attached to Policy No.
10 2232 106 00000017
Issued by
CHICAGO TITLE INSURANCE COMPANY
The Company hereby acknowledges the lands described in Schedule A are the same lands described
in the survey prepared by Lidberg Land Surveying, Inc., Job 98- 237(101), dated October 6, 1998,
however, the Company does not insure the accuracy or completeness of said survey.
DATED: February 25, 1999
CHICAGO TITLE INSURANCE COMPANY
Authorized Signa
Note: This endorsement shall not be valid or binding
until signed by an authorized signatory.
ENDORSEMENT
Survey (Florida)
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Date Prepared: August 7, 2003
RESOLUTION 141, 2003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ACCEPTING WARRANTY DEEDS
FROM TAYLOR WOODROW COMMUNITIES AT MIRASOL, LTD.
CONVEYING TO THE CITY PARK PROPERTY AND THE ACCESS
ROAD ADJACENT TO THE PARK PROPERTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Ordinance 8, 2000, as restated by Ordinance 18, 2001, requires the
Taylor Woodrow Communities at Mirasol, LTD. to construct a 15 -acre park and conveythe
completed park to the City; and
WHEREAS, such park has been completed and accepted for use by the City; and
WHEREAS, Taylor Woodrow Communities at Mirasol, LTD. wishes to convey Tract
"Z" (the park parcel) and Tract "U" (the access road parcel) of the Mirasol Plat One to the
City of Palm Beach Gardens; and
WHEREAS, the Warranty Deeds have been prepared and are attached hereto; and
WHEREAS, the City Council has deemed adoption of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council accepts the Warranty Deeds from Taylor Woodrow
Communities at Mirasol, LTD.
SECTION 3. This Resolution shall become effective immediately upon adoption.
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Date Prepared: August 7, 2003
Resolution 141, 2003
PASSED AND ADOPTED this day of , 2003.
CITY OF PALM BEACH GARDENS, FLORIDA
ATTEST:
AN
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
Eric Jablin, Mayor
AYE NAY ABSENT
G: \attorney_share \RESOLUTIONS \special warranty deed mirasol city park- reso 141 2003.doc
2
--C)
This instrument prepared by, and upon
recordinil, return to:
Legal Department
Taylor Woodrow Communities
8430 Enterprise Road, Suite 100
Bradenton, Florida 34202
Property Tax I.D. No. 52- 42- 41- 33 -02- 026 -0000
WARRANTY DEED
THIS INDENTURE entered into and made effective as of the day of , 2003,
between TAYLOR WOODROW COMMUNITIES AT MIRASOL, LTD., a Florida limited partnership, whose
address is 11400 Nursery Lane, Palm Beach Gardens, Florida 33418, hereinafter the "Grantor," to THE CITY OF
PALM BEACH GARDENS, a Florida municipal corporation, whose address is 10500 North Military Trail, Palm
Beach Gardens, Florida 33410, hereinafter referred to as the "Grantee."
WITNESSETH:
That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration to it in hand paid, the receipt whereof is hereby acknowledged, by these presents does grant, bargain,
sell, alien, remise, release, convey and confirm unto the Grantee, and Grantee's successors and assigns forever, all
that certain parcel of land lying and being in the County of Palm Beach, State of Florida, as more particularly
described as follows (the "Property"):
ALL OF TRACT Z ACCORDING TO THE PLAT OF MIRASOL PLAT ONE, LOCATED IN
SECTION 34, TOWNSHIP 41 SOUTH, RANGE 42 EAST, AS RECORDED IN PLAT BOOK
89, PAGES 14 THROUGH 23, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
TOGETHER WITH all the improvements, tenements, hereditaments, and appurtenances thereto
belonging or in anywise appertaining and together with all rights and easements of record.
SUBJECT TO all covenants, restrictions, easements and matters of record and taxes for the current and
subsequent years.
TO HAVE AND TO HOLD the above described premises, with the appurtenances, unto the said Grantee,
its successors and assigns, in fee simple forever.
And the Grantor does hereby covenant with said Grantee that the Grantor is lawfully seized of the Property
in fee simple; that the Grantor has good right and lawful authority to sell and convey the Property, and the Grantor
does hereby fully warrant the title to the Property, subject to the matters referred to above and will defend the same
against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be duly executed, effective on the
date indicated above.
T: \LEGAL \- 5500\LGL5484.doc August 1, 2003
Signed, sealed and delivered
in the presence of: TAYLOR WOODROW COMMUNITIES AT MIRASOL,
LTD., a Florida limited partnership
By: TWC/MIRASOL, INC.
a Florida corporation, its General Partner
Print name:
LE
Print name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
Craig A. Perna, President
The foregoing instrument was acknowledged before me this day of 12003.
by CRAIG A. PERNA, as President of TWC/Mirasol, Inc., a Florida corporation, on behalf of said corporation, as
General Partner of Taylor Woodrow Communities at Mirasol, Ltd., a Florida limited partnership, and he is
personally known to me or has produced as identification.
Printed Name:
Notary Public State of Florida
Commission No.
My Commission Expires:_
T: \LEGAL \ - 5500 \LGL5484.doc
This instrument prepared by
and return to:
LEGAL DEPARTMENT
Taylor Woodrow Communities
8430 Enterprise Circle, Suite 100
Bradenton, FL 32202
Tax Parcel No. 52- 42- 41- 33 -02- 022 -0000
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is executed this day of , 2003,
by TAYLOR WOODROW COMMUNITIES AT MIRASOL, LTD., a Florida limited partnership
(the "Grantor "), whose address is 8430 Enterprise Circle, Suite 100, Bradenton, FL 34202, to
CITY OF PALM BEACH GARDENS, a Florida municipal corporation (the "Grantee "), whose
address is whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410.
WITNESSETH:
That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, to it in hand paid, the receipt whereof is hereby
acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and
confirm unto the Grantee, and Grantee's successors and assigns forever, all that certain parcel
of land lying and being in the County of Palm Beach, State of Florida, as more particularly
described as follows:
Tract U of Mirasol Plat One, according to the plat thereof recorded in Plat
Book 89, Page 14, of the Public Records of Palm Beach County, Florida
TOGETHER WITH all the improvements, tenements, hereditaments, and appurtenances
thereto belonging or in anywise appertaining and together with all rights and easements of
record.
SUBJECT TO all matters of record and taxes for the current year and subsequent years.
TO HAVE AND TO HOLD the above described premises, with the appurtenances, unto
the said Grantee, its successors and assigns, in fee simple forever.
And the Grantor does hereby covenant with said Grantee that the Grantor has good right
and lawful authority to sell and convey said land; and the Grantor does hereby warrants the title
to said land subject to the matters referred to above and will defend the same against the lawful
claims of all persons claiming by, through and under it but against none other.
LGL4844
IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to be duly
executed, effective on the date indicated above.
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
TAYLOR WOODROW COMMUNITIES AT
MIRASOL, LTD., a Florida limited partnership
By: TWC /Mirasol, Inc., a Florida corporation,
Its General Partner
M
Craig A. Perna, Vice President
The foregoing instrument was acknowledged before me this day of
, 2003, by CRAIG A. PERNA, as Vice President of TWC /Mirasol, Inc., a
Florida corporation, on behalf of said corporation, as General Partner of Taylor Woodrow
Communities at Mirasol, Ltd., a Florida limited partnership, and he is personally
known to me or has produced as identification.
PRINTED NAME:
Notary Public State of Florida
Commission No.
My Commission Expires:
Grantee, by acceptance of this Deed, does hereby agree to accept the maintenance
responsibilities for Tract U as contained on the plat recorded in Plat Book 89, Page 14 of the
Public Records of Palm Beach County, Florida.
CITY OF PALM BEACH GARDENS
By:
2
�t RECEIVED AUG 0 1 2003
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: July 24, 2003
Meeting Date: August 21, 2003
Ordinance 33, 2003
Subject /Agenda Item:
Ordinance 33, 2003: Site Plan Amendment - Seacoast Utility Parking Lot
First Reading: Bruce Gregg, agent for Seacoast Utility Authority (SUA), is requesting a site plan
amendment to the Seacoast Utility Authority headquarters to re- locate twenty -two (22) parking
spaces and modify the project entrances as a result of the Hood Road widening and improvement
project. The 40 -acre site is located at the southwest corner of Hood Road and Alternate AIA.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Originating Dept.:
FINANCE:
City Council Action:
Growth Management:
Principal Planner
Costs: $ N/A
[ ]Approved
Talal Benothman, P
Project
Manager
Total
[ ] App. w/ conditions
City Attorney ra
[ ] Denied
Christine Tatu64Ah.
Natalie Wong
$ N/A
[ ] Rec. approval
Senior Planner
Current FY
[ ] Rec. app. w/ conds.
Development Compliance
[ ] Rec. Denial
Funding Source:
[ ] Continued to:
BahareTi Keshavarz, AICP
Advertised:
Attachments:
Date:
[ ]Operating
• Ordinance 33, 2003
Growth Managem
Paper:
• Site & Development
Director
[X] Other N/A
Plans
Charles K. Wu, AICP
[X] Not Required
Budget Acct. #:
NA
Cit an4r:
2
Affected parties:
Ronald . Ferris
[ ] Notified
[X] Not Required
Date Prepared: July 24, 2003
Meeting Date: August 21, 2003
Ordinance 33, 2003
Page 2
BACKGROUND
The proposed changes are within an 8 -acre area located in the northeast portion of the 40 -acre
SUA parcel. The property received zoning and site plan approval concurrently through
Ordinance 29, 1990, by the City Council on December 6, 1990.
The applicant is proposing to reconfigure the parking lot and access driveways as a result of the
Hood Road widening improvement. The proposed reconfiguration of the SUA parking lot is
consistent with the Hood Road improvement plans, and will improve the traffic circulation by
aligning the entrance of the subject site with that of the Evergrene Planned Community
Development (PCD).
LAND USE AND ZONING
The site has a zoning designation of Public Institutional (PI), and a future land -use designation of
Public (P) and is designated Public (P) on the City's Vision Plan.
For land -uses of adjacent properties, please see Table 1 attached.
CONCURRENCY
Since no additional square footage is being added to the site, concurrency is not applicable.
PROJECT DETAILS
Parkin
The seventy -seven (77) parking spaces currently on site meet the minimum parking requirements
for the 14,303 square -foot administration building, based on a 1 space /200 square feet parking
ratio. The proposed amendment will relocate twenty -two (22) parking spaces, currently located
on the north side of administration building, to the south side of the building.
Site Access and Circulation
A new two -way vehicular access point will be constructed to align with the Evergrene PCD main
entrance immediately north of the subject site. The existing entrance, located east of the
proposed driveway entrance, will be reconfigured at the throat to align with the proposed Hood
Road. The new paved parking area on the southern end will connect to an existing parking area
on the eastern end of the site to improve the traffic circulation on -site.
A meandering sidewalk on the road shoulder of Hood Road is proposed as part of the Hood Road
Date Prepared: July 24, 2003
Meeting Date: August 21, 2003
Ordinance 33, 2003
Page 3
improvement plan, and is indicated on the site plan. The applicant is additionally constructing a
new 5' sidewalk connecting the proposed meandering sidewalk to the administration building.
The Hood Road widening and improvement plan also includes a curb cut immediately in front of
the proposed western access to allow for east and west bound traffic to access the site.
Landscaping
The majority of trees existing on site will not be affected as the result of the parking lot
reconfiguration. Three (3) existing live oak trees will be removed and replaced elsewhere on
site, as a result of the improvements. The applicant has upgraded the landscaping of the subject
area, which includes a new two -foot hedge on the front of the property to screen the parking
area. The applicant has provided 5,652 landscape points, which exceeds the 5,148 points
required.
PLANNING AND ZONING COMMISSION
On January 28, 2003, the Planning and Zoning Commission reviewed the subject petition, and
recommended approval by a vote of 7 -0.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 33, 2003
Date Prepared: July 24, 2003
Meeting Date: August 21, 2003
Ordinance 33, 2003
Page 4
EXISTING USE ZONING LAND USE
Subject Property
Seacoast Utility Authority Public Institutional (PI) Public (P)
Maintenance Facility Site Conditional Use (CU) Overlay
North Planned Community Residential Medium (RM)
Evergrene PCD Development (PCD)
South
The Isles PUD Planned Unit Development
(PUD)
West I Planned Unit Development
The Isles PUD 1 (PUD)
Residential Low (RL)
Residential Low (RL)
East I Planned Community I Residential Low (RL)
Frenchman's Reserve PCD Development (PCD)
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Date Prepared: July 24, 2003
ORDINANCE 33, 2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING ORDINANCE 29, 1990,
WHICH APPROVED A SITE PLAN FOR THE SEACOAST UTILITY
HEADQUARTERS LOCATED AT THE SOUTHWEST CORNER OF
ALTERNATE A1A AND HOOD ROAD, AS MORE PARTICULARLY
DESCRIBED HEREIN TO RE- LOCATE TWENTY -TWO PARKING
SPACES AND MODIFY THE PROJECT ENTRANCES AS A RESULT OF
THE HOOD ROAD WIDENING AND IMPROVEMENT PROJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 6, 1990, the City Council approved Ordinance 29, 1990,
which concurrently rezoned and provided site plan approval for the Seacoast Utility
Headquarters site; and
WHEREAS, the City has received an application from Seacoast Utility Authority
(SUA) to reconfigure the parking lot and access driveways as a result of the Hood Road
widening project; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and is consistent with the City's Comprehensive Plan
and Land Development Regulations, and has recommended approval; and
WHEREAS, the Planning and Zoning Commission reviewed the subject petition on
January 28, 2003, and recommended approval; and
WHEREAS, the City Council has deemed approval of this Ordinance to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The amendment to a previously approved site plan to re- locate twenty -
two parking spaces and modify the project entrances as a result of the Hood Road
widening project for the following described property is hereby approved:
Date Prepared: July 24, 2003
Ordinance 33, 2003
1 LEGAL DESCRIPTION:
2
3 A CERTAIN PARCEL OF LAND LYING IN SECTION 36, TOWNSHIP 41 SOUTH, RANGE
4 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
5 DESCRIBED AS FOLLOWS:
6
7 BEGINNING AT A POINT OF INTERSECTION OF THE SOUTHERLY RIGHT -OF -WAY
8 LINE OF THAT CERTAIN 125 FOOT WIDE RIGHT -OF -WAY OF HOOD ROAD BEING
9 REFERRED TO IN DEED BOOK 1083, AT PAGE 141, PUBLIC RECORDS OF PALM
10 BEACH COUNTY, FLORIDA WITH THE WESTERLY RIGHT -OF -WAY LINE OF THAT
11 CERTAIN 100 FOOT WIDE RIGHT -OF -WAY OF THE FLORIDA EAST COAST RAILWAY
12 AS SAID RIGHT -OF -WAY IS INDICATED ON ROAD PLAT BOOK 4, PAGES 222
13 THROUGH 231, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, (BEARINGS
14 CITED HEREIN ARE IN A MERIDIAN ASSUMING NORTH 1 B45' 12" EAST ALONG THE
15 SAID WESTERLY RIGHT -OF -WAY LINE OF THE FLORIDA EAST COAST RAILWAY
16 AND SAID MERIDIAN BEING ALSO THE SAME AS THAT USED ON SAID ROAD PLAT
17 BOOK 4, PAGES 222 THROUGH 231), AND FROM SAID POINT OF BEGINNING RUN
18 THE FOLLOWING COURSES;
19
20 SOUTH 1045'12" WEST, RUNNING ALONG SAID WESTERLY RIGHT -OF -WAY LINE OF
21 THE FLORIDA EAST COAST RAILWAY A DISTANCE OF 1,316.94 FEET;
22
23 THENCE NORTH 88 014'48" WEST, RUNNING ALONG A LINE AT RIGHT ANGLES TO
24 THE PRECEDING COURSE, A DISTANCE OF 1,316.94 FEET;
25
26 THENCE NORTH 1 045'12" EAST, RUNNING ALONG A LINE PARALLEL WITH SAID
27 WESTERLY RIGHT -OF -WAY LINE OF THE FLORIDA EAST COAST RAILWAY, A
28 DISTANCE OF 1,329.19 FEET, MORE OR LESS, TO A POINT IN THE ABOVE
29 MENTIONED SOUTHERLY RIGHT -OF -WAY LINE OF HOOD ROAD;
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31 THENCE SOUTH 87 042'50" EAST, RUNNING ALONG SAID SOUTHERLY RIGHT -OF-
32 WAY LINE OF HOOD ROAD, A DISTANCE OF 1,317.00 FEET, MORE OR LESS, TO
33 THE POINT OF BEGINNING.
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35 CONTAINING 40.00 ACRES, MORE OR LESS.
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37 SECTION 3. Said approval is subject to the following conditions, which shall be the
38 responsibility of the applicant, its successors, or assigns:
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40 1. Within six (6) months of the completion of the Hood Road improvements, the
41 applicant shall pay to the City its fair share of the landscape and irrigation
42 installation for one half of median(s) and all of the southern road shoulder of Hood
43 Road from Alternate A1A to the western terminus of the subject property. The
44 applicant shall work with the Property Owners' Association (POA) of the Evergrene
45 PCD to complete this roadway beautification project concurrent with the Hood Road
46 improvements. (City Forester)
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Date Prepared: July 24, 2003
Ordinance 33, 2003
2. The applicant shall pay its fair share of the landscape and irrigation maintenance for
the same area of Hood Road as described above. The applicant shall work with the
Evergrene POA to provide one common maintenance program for Hood Road prior
to the completion of Hood Road improvements. (City Forester)
3. Prior to the issuance of the first building permit, the applicant shall plat the project in
accordance with Section 78 -446 Code of Ordinances: "Plat review and approval
process." (City Engineer)
SECTION 4. The approval expressly incorporates and is contingent upon all
representations made by the applicant or applicant's agent(s) at any workshop or public
hearing.
SECTION 5. Said approval and construction shall be consistent with plans filed with
the City's Growth Management Department as follows:
1. July 17, 2003. Site and Landscape Plans, received by the City of Palm Beach
Gardens July 30, 2003 (Sheets 1 & 2).
2. June 12, 2003. Paving & Drainage Plans, received by the City of Palm Beach
Gardens June 17, 2003 (Sheets 1 through 4).
3. March 12, 2003. Administration Building Area, received by the City of Palm Beach
Gardens March 19, 2003 (Sheets E1 through E3).
4. March 12, 2003. Photometric Plans, received by the City of Palm Beach Gardens
March 19, 2003 (Sheets Photo 1 & Photo 2).
SECTION 6. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
3
1 PASSED this day of _
2
3 PASSED AND ADOPTED this
4 second and final reading.
5
6
7 CITY OF PALM BEACH GARDENS
Date Prepared: July 24, 2003
Ordinance 33, 2003
, 2003, upon first reading.
day of , 2003, upon
FOR AGAINST ABSENT
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10 BY:
11 Eric Jablin, Mayor
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14 Carl Sabatello, Vice Mayor
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17 David Clark, Councilmember
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20 Joseph Russo, Councilmember
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23 Annie Marie Delgado, Councilmember
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26 ATTEST:
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30 BY:
31 Patricia Snider, City Clerk
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33 APPROVED AS TO FORM AND
34 LEGAL SUFFICIENCY
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38 BY:
39 Christine P. Tatum, City Attorney
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47 G: \attorney_sha re \ORDINANCES \Ord.33 -2003 - seacoast utility parking lot.doc
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RECEIVED AUG 0 12003
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: July 31, 2003
Meeting Date: August 21, 2003
MISC -03 -19
SUBJECT /AGENDA ITEM
MISC- 03 -19: La -Z -Boy Appeal
Appeal Request: A request for appeal to the City Council by Mr. Douglas L. DeSantis, real
estate agent for La -Z -Boy, to appeal staff's decision denying approval for a proposed
tenant, Designer Gallery, Inc., to occupy space within the La -Z -Boy building on Parcel
27.06 located in the Regional Center Development of Regional Impact (DRI), along PGA
Boulevard.
[ ] Recommendation to APPROVE
[ X ] Recommendation to DENY
Reviewed by:
Originating Dept.:
FINANCE: NA
Action:
Growth Management:
[ ] Approved
Principal Planner
Costs:
[ ] App. w/ conditions
Talal M. Benothman, CP
Project
$ N/A
[ ] Denied
City Attorney
Manager
Total
[ ] Rec. approval
Talal M. Benothman
[ ] Rec. app. w/ conds.
Finance NA
$ N/A
[ ] Rec. Denial
[ ] Continued to:
Human Res. NA
Current FY
Advertised:
Attachments:
Growth
Date:
Funding Source:
9
Approval Request
Manag n
Denial Letter
Directo
Paper:
O eratin
[ ] p g
Appeal Request
Charles K. Wu, AICP
Required
4
of Required
Other N/A
Recorded Covenant
Approved by
City Manag �z
Affected parties:
[X] Notified
p None
[ ] Not Required
Budget Acct. #:
Ronald Ferris
Date Prepared: July 31, 2003
Meeting Date: August 21, 2003
Petition: Misc -03 -19
BACKGROUND
During the review and approval process of the previously approved Notice of Proposed
Change (NOPC) to the Regional Center DRI, the then property owner of Parcel 27.06,
Catalfumo Construction and Development, Inc., agreed to a restrictive covenant, which
was recorded with the County's Clerk's Office on May 29, 2002.
The recorded covenant (attached) defines and limits the use of space to be occupied on
Parcel 27.06 by Lay -Z -Boy's co- tenants and Lay -Z -Boy's possible, future replacement
tenants. The language further defines what "exclusive specialty retail" is and sets
restrictions on the maximum number of establishments to occupy the building, in addition
to establishing minimum and maximum square footage thresholds for each establishment.
The covenant further states that prior to issuing an occupational license to any potential
tenant, a designation of "Exclusive Specialty Retail" status must be obtained from the City's
Growth Management Director. Should the Director deny or refuse to grant said status, the
applicant may appeal the decision to the City Council by filing an appeal with the City
Clerk's Office. "The decision of the City Council shall be final, with no right of appeal," per
the recorded covenant.
Designer Gallery, Inc.
The applicant has requested the exclusivity status for a proposed tenant, Designer Gallery,
Inc., (attached). Staff has reviewed the request in conformity with the intent of the
recorded covenant for Parcel 27.06, La -Z -Boy Building, and determined that it does not
meet the intent of the recorded covenant for two reasons.
First, the applicant has not provided support material with respect to the type and style of
the products to be sold by the proposed tenant to enable staff to make a determination as
to whether the proposed tenant is an "exclusive specialty retail" establishment.
Second, the proposed square footage to be occupied by the proposed tenant is more than
the maximum 6,500 square -foot space requirement set forth in the recorded covenant.
The applicant has requested 8,500 square feet to be occupied by the proposed tenant.
Therefore, the applicant has not demonstrated the exclusivity of specialty retail for the
proposed establishment/tenant, and the requested square footage for said tenant does not
meet the requirements of the recorded covenant for Parcel 27.06.
STAFF RECOMMENDATION
Staff recommends denial of the appeal request for two reasons. First, the requested
square footage is greater than the maximum square footage permitted by the recorded
covenant. Second, the applicant has not demonstrated that the proposed tenant is an
"exclusive specialty retail" establishment, as required by the recorded covenant for the La-
Z -Boy Building, located on Parcel 27.06 within the Regional Center DRI.
G:Talal /M ISC- 03- 19- str -cc
2
R e a l t y & I n v e s t m e n t s I n c
4524 Gun Club Road, Suite 212
West Palm hear Florida 33415
(561) 4784W, . Fax (561) 4784442
wwwaetcheh=ttycom
July 8, 2003
VIA: Fax (561) 7994281
Charles Wu and Talal Benothman
City of Palm Beach Gardens Growth Management
10500 North Military Trail
Palm Beach Gardens, Fl 33410
RE: Lazy Boy Vacant Retail Space; 2845 PGA Blvd, Palm Beach Gardens, FL
Dear Mr. Wu:
Please consider, for approval, the following proposed use for the above captioned
property. The prospect is Designer Gallery, Inc. Designer gallery, Inc. currently has a
store located at 10520 Forest Hill Blvd, Store 200 in Wellington and is in the retail sales
of Scandinavian Style and modern furniture. This would be their second location in Palm
Beach County. Designer Gallery, Inc. is very eager to take the vacant 8500s /f location;
which is the east end cap of the Lay -Z -Boy building on PGA.
Your help and diligent response would be greatly appreciated.
Sin ,
Reiche Realty & Investments, Inc.
Douglas L. DeSantis, P.A.
Broker- Associate
Cc Fritz Jackson Jr.
Fritz Jackson Sr. via fax 844 -2126
Bill Reichel via hand delivery
C17 Or PBG
{
PL4 NNINr
& ZONYN03
QM$10,4
m
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698
July 28, 2003
Mr. Douglas L. DesSantis
4524 Gun Club Road, Suite 212
West Palm Beach, FL 33415
Re: Tenant Selection at Parcel 27.06 (La -Z -Boy Building) at the Regional Center
Dear Mr. DesSantis
Thank you for your letter dated July 8, 2003, regarding the above noted subject. Staff
has reviewed your request in conformity with the recorded covenant for Parcel 27.06,
La -Z -Boy Building, and determined that it does not comply with the intent of the recorded
covenant in one respect.
The proposed square footage to be occupied by the proposed tenant, Designer Gallery,
Inc., at the La -Z -Boy Building is greater than the maximum .6,500 square -foot space
requirement set forth in the recorded covenant. You have requested 8,500 square feet,
as your attached letter indicates.
Please carefully review the enclosed, recorded covenant as you continue your search
and selection of potential tenants for the subject building. We will continue to review
your potential tenants in conformity with the recorded covenant.
Good luck in your continued search for appropriate tenants. If you have questions
regarding this matter, please contact me at 561- 799 -4243.
Sincerely,
o1C - U
Charles K. Wu, AICP
Growth Management Director
CC: Mayor and City Council Members
Ron Ferris, City Manager
L.,Tdal Benothman, Principal Planner
Christen Tatum, City Attorney
i
EXHIBIT
BOOK 13749 PAGE 1358
Ddtr•athy H. Wilken, Clerk
Exclusive Speclafty Retail means commercial establishments selling, at retail prices,
items which fit into a single merchandise category or groups of categories and whose
merchandise lines are more limited or focused in scope or include items which are not
typically found in department stores or discount department stores and are not generally
sold at less than retail prices. Examples of Specialty Retail uses include but are not
necessarily limited to individual stores limited to the sales of items from merchandise
categories such as personal gifts, luggage, high- fashion apparel and accessories,
computers and related equipment and supplies, home electronic equipment, housewares,
linens, jewelry, gourmet foods or wines or liquors, books, and china and crystal. No
Exclusive Specialty Retail establishment shall be less than 2000 square foot or exceed
6500 square foot. In addition, there shall never be more than six (6) Exclusive Specialty
Retail establishments in the 25,000 square foot building. Prior to the 'issuance of an
occupational license, any such establishment shall obtain a designation of Exclusive
Specialty Retail status from the Growth Management Director. The Growth Management
Director's refusal to issue such a designation may be appealed by filing with the City
Clerk a request for an appeal to the City Council within ten (10) days of the Growth
Management Director's written decision. The matter will be heard by the City Council
on the next available City Council agenda. The decision of the City Council shall be
final, with no righf of appeal.
PALM BEACH COUNTY - STATE OF FLORIDA
1 hereby certly that the toree�gjn a
.- Nmeleov of the record in W.
^f Day of
PrIgm
July 30, 2003
VIA: US MAIL
Fax: (561) 799 -4281
E -mail TBenothman @pbgfl.com
Charles K. wu, AICP
Growth Management Director
City of Palm Beach Gardens Growth Management
10500 North Military Trail
Palm Beach Gardens, F133410
RE: Lazy Boy Vacant Retail Space Appeal; 2845 PGA Blvd, Palm Beach Gardens,
FL, Parcel 27.06
Dear Mr. Wu:
Thank you for your letter dated, July 28, relating to the denial of occupying the entire
8500 square feet as set forth in the recorded covenant. We believe that the decision
warrants the right of appeal. We also would like a response regarding the prospect as a
permitted use, if they were to occupy the square feet as defined in the covenant.
Please accept this letter as our notification to our right to appeal. If there is any
opportunity to make the next agenda, it would benefit all parties involved.
Sincerely,
Reichel Realty & Investments, Inc.
Douglas L. DeSantis
Broker - Associate
CC Mr. Fritz Jackson Via Fax (561) 844 -2126
�p„cK S
ce I
City of Palm Beach Gardens
Council Agenda
✓Mayor Jablin
August 21, 2003
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
%z Vice Mayor Sabatello
,- Council Member Clark
Y, Council Member Russo
Council Member Delgado
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
August 21, 2003
7 :00 P.M.
41. PLEDGE OF ALLEGIANCE
1 II. ROLL CALL
,sSej d M. ADDITIONS, DELETIONS, MODIFICATIONS:
3-0
j IV. ANNOUNCEMENTS / PRESENTATIONS:
,x a. Joint Partnership with School Board/Howell Watkins.
1b. Second Quarter Police Department Report.
4( C. Quarterly Financial Report June 2003.
!*V. ITEMS OF RESIDENT INTEREST:
J( VI. CITY MANAGER REPORT:
,y VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
reguest form to the City Clerk Prior to this Item)
VIII. CONSENT AGENDA:
a. Consideration of approving Minutes from the August 7, 2003 Regular City
,3-0 Council Meeting.
b. Consider approval of Change Order No. 1 in the amount of $51,658 for Global
Electric - installation of conduit to complete Burns Rd street lighting
Infrastructure and fiber optic conduit from city Call to Public Works.
C. Resolution 145, 2003 — Consider approval of a $37,000 work authorization for
LBFH Project 2003 -007 Stormwater Improvement Phase II. Approving a work
authorization for engineering services with the firm of LBFH, inc. In connection
with Stormwater System Improvements — phase II, Thompson River Canal right -
of -way surveying and mapping; authorizing the City Manager to execute said
agreement; and providing an effective date
V d. Proclamation — Literacy Awareness Month
IX. PUBLIC HEARINGS:
PART I — QUASI - JUDICIAL
a. Ordinance 17, 2003 — Amendment to Banyan Tree Planned Unit Development
(PUD) — Phase I and II (second reading). An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida approving an amendment to the Banyan
Tree Planned Unit Development (PUD) in order to allow modifications to the
previously approved master plan for the PUD and to allow an extension to the
build -out date for the PUD, generally located on both the Northeast and
Northwest corners of Northlake and MacArthur Boulevards (Parcels 12.04 and
12.05), as more particularly described herein; amending condition no. 21 of
Ordinance 41, 2001 and Condition No. 4 of Ordinance 11, 2003; providing for
waivers; providing for conditions of approval; and providing an effective date.
PART H — NON QUASI- JUDICIAL
�+ a. Resolution I I I ZOW — Garden Oaks Land Use Amendment. A resolution of the
�1� C__.Council of the City of Palm Beach Gardens, Florida authorizing the
transmittal of an amendment to the future land use map of the comprehensive plan
3'0 of the City of Palm Beach Gardens relating to certain property consisting of
approximately 116.3 acres, generally located on the east side of Military Trail
approximately one - quarter (1/4) mile south of Northlake Boulevard, commonly
known as "Garden Oaks," to change the land use designation from Palm Beach
County residential high 8 (RH8) to City of Palm Beach Gardens residential low
(RL); and providing an effective date.
b. Resolution 112 _2M — Sunset Drive Land Use Amendment. A resolution of the
City � Council of the City of Palm Beach Gardens, Florida authorizing the
tr
ansmittal of an amendment to the future land use map of the comprehensive plan
of the City of Palm Beach Gardens relating to certain property consisting of
approximately 25.05 acres, generally located on the west side of Interstate 95,
south of Northlake Boulevard, commonly referred to as the "Sunset Drive"
residential development, to change the land use designation from Palm Beach
County residential high 8 (RH8) to City of Palm Beach Gardens residential
medium (RM); and providing an effective date.
X. RESOLUTIONS:
a. Resolution 130, 2003 — Quit -Claim Deed from the NPBCID for the lake parcels at
Downtown at the Gardens. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida accepting a Quit -Claim deed from the Northern Palm
( Beach County Improvement District for the Lake parcel at Downtown at the
1 Gardens; authorizing the Mayor and City Clerk to execute a Quit -Claim deed in
favor of Downtown at the Gardens, LLC for the Lakes parcel at Downtown at the
Gardens; reserving rights for the public to access and use the Lake parcel; and
providing an effective date.
b. Resolution 136, 2003 — Military Trail Grant Petition. A resolution of the City
Council of ie City of Palm Beach Gardens, Florida approving a limited fifty /fifty
pp-f-aa- matching grant program for single- family and multi - family residential
developments / subdivisions abuttting the East and West sides of Military Trail,
-3-0 between Northlake Boulevard and the EPB 3 -C canal; and providing an effective
date.
/ c. Resolution 141, 2003 — PBG accepting warranty deeds from Taylor Woodrow
Co umm nities at Mirasol conveying park property. A resolution of the Citx
Council of the City of Palm Beach Gardens, Florida accepting warranty deeds
"rom Taylor Woodrow Communities at Mirasol, Ltd. Conveying to the City Park
property and the access road adjacent to the park property; and providing an
effective date.
XI. ORDINANCES: (For Consideration on First Reading)
a. Ordinance 33, 2003 — Seacoast Utility Authority at Hood Road/Revise parking lot
& Modify Existing Entrance. An Ordinance of the City Council-of the City of
0��S,o Palm Beach Gardens, Florida amending Ordinance 29, 1990, which approved a
site plan for the Seacoast Utility Headquarters located at the southwest corner of
3 "� Alternate Al A and Hood Road, as more particularly described herein to re- locate
twenty -two parking spaces and modify the project entrances as a result of the
hood road widening and improvement project; and providing an effective date.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
Of a. Parcel 27.06 La -Z -Boy Appeal.
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 286.26, 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
NOTE:
All presentation materials must be received by
the City Clerk prio r to the presentation to the Council.
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08/21/2003 15:15 LAW OFFICCS
BOOSE CASEY CIKUN LUBITZ MARTENS MCBANE bt O /CONNELL
A AARthERL"IP W+CLVOIMG PgOFt%SIONAL AS900AtIO4QS
JOSEPH( L. ACKERMAN. P.A.
4WDA DICAHAAM AGNAMT, P.A.
SRUGE O. ALEXAMOER. P.A.
JERALO S. 96M, P.A.
WWJJAM A. 0003E, IN. P.A.
jot"I O, 90Y1080. P.A.
0^311bCK J, Gf.REY. P.A.
RIC►URD R. C`1AV69
PATRICIA". CMRISTIAMSEN. P.A.
ALA" J. C KI.Ut. P.A.
R09CAT L. Co"E, P.A_
ROMAI.O F. CRESCENZO. P.A.
ROSEFtF C. COA"
Jt"IRCY M. OARD&P
JASON S. MALELKC"0. P.A.
RtCNAgO A. JAROLAEM
OMAN Y. )OSUYN. P.A.
aREOORY S. KIMO. P.A.
M. DANIEL LOOAN
CHARLES A. LvolIZ, P.A.
RICHARD L. MARI HS. P.A.
DAM^ "419.1t MCPHERSON
D/MAM M. O'CO"NELL. P.A.
PHIL O. O'COMRCLL, P.A.
CHARLES L. OICKER
MATr,4e%V M. TN16AUT
DCAM VEGOSEN. P,L.
GARY MYa.K. P.A.
JON" R. YOVMO. P.A.
08- 21- 03P03:28 RCVD August 21, 2003
Ka Fax 799.4139
Christine Tatum, Esq.
City Attorney
City of Palm Beach Gardens
10500 No. Military Trail
Palm Beach Gardens, Florida 33410
PMILUP 0. O'COMMELL. SR. 41907.10&7)
U74,1111 A. MCOANE (RCaR40)
OF COUNSLL
W. JAY MUMMIN. JR., P.A.
PMCM"L J. KENW -0y, P.A.
JOHN L.RENSEM
LeoMw6o O. RUSH
516 MORTM FLAOLCR DRIVE. STE. 1900
WeST PALM 6FAC4, FLORIDA 3340 t•43A3
P.O, box A020
TEL"NoMe! (56It99rsow
FACSIMILE; 6561 >92C�03SI
Re: Downtown At The GardensUke Operating Agreement/Request for 30-Day Extension
Dear Chris:
Because of the delay in our mutual ability to resolve the issues involved in the Lake Operating
Agreement, please consider this my client's request for a 30-day extension. if you have any questions,
please don't hesitate to contact me.
By copy of this letter, I am also advising the City Clerk of our request.
Sin el urs,
Alan J. Ciklin
AJClnc
33530
cc: Patricia Snider, City Clerk (799 -4124)
James Maher (748 -8198)
Don Hearing (747 -1377)
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61 CK 00%
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410 -4698
�3
Proposed Interlocal Elements for
Use of HL Watkins Middle School Media Facility:
Scope
The City seeks to assume use of the Media Center for Senior and Teen Community
Recreation Programs. Senior programming would be centered on providing enriching
activities, links to social services, and provide a beneficial mentoring program for the
school. Additionally, as an outreach program to the youth attending middle school in
the area, we would provide a structured, community service- oriented teen program.
City Commitment
Utilizing the professional experience of the Recreation staff and the support of City
departments, the City would make the financial commitment to assume all operations,
maintenance and repair responsibilities of the Media Center, including structure repair
and utilities.
Benefits
• A partnership would directly benefit the community. This partnership
would be a model that taxpayers see as a positive step towards inter-
governmental cooperation.
• The City and the School have similar needs for facilities. A cooperative
agreement streamlines and reduces funding and operational costs for both
entities.
• Use of the Media Center will provide the community with a link to active
recreational programs and social services for the Senior population. It
could be anticipated that partnerships could be formed with agencies such
as the Senior Services Division of PBC, Area Agency of Aging, Elder
Hotline, Senior Aid & Employment, and other support groups that assist
with programming for those with Alzheimer's, hearing and seeing
impairments.
• With the anticipated use of the Media Center during the day as a base for
active Senior Citizen programs, the School would benefit from a mentoring
program that could be established.
• Anticipated youth programs in the evenings would provide an avenue for
occupying the discretionary time of youth. It could be a direct reduction in
youth crime and undesirable behavior in the surrounding neighborhoods.
Supplemental Support
The City envisions this proposal as supplemental to the original discussion of a joint -use
agreement of the outdoor athletic facilities. In this proposed agreement, the School
would have use of the adjacent park facilities for athletic during construction and the
City would have limited use of the outdoor school facilities after construction. This
agreement is highlighted by an $800,000 commitment from the City to supplement the
construction of the athletic facilities.
CITY OF PALM BEACH GARDENS
10WO N. MRXMW TPA& • PALM BEACH GXWB�M FI-CWV A 33410.4698
August 18, 2003
Mr. Douglas Drymon. Town Manager
Town of Lake Park
535 Park Avenue
Lake Park, FL 33403
RE: Member Contribution and Update to the Interlocat Agreement of the
Northlake Blvd. Task Force
Dear Mr. Drymon:
As you know on May 14, 2003, the Task Force requested that each member
provide proposed amendments to the Northlake Boulevard Task Force Intertocal
Agreement On June 11, 2003, the Task Force requested that the City of Palm
Beach Gardens provide an updated amendment to the agreement for review and
comments by Task Force members.
I would Ike to inform you that the City of Palm Beach Gardens has decided to
postpone updating the Northlake Boulevard Task Force intedocal Agreement at
this time, pending the Town of Lake Park's decision on its $10,000 contribution
and its membership on the Task Force.
If you have any questions or require assistance in this matter, please contact me
at 799 -4110.
0
M. Delgado
City of Palm Beach Gardens
CC: Mayor and City Council Members, PBG
Ronald Ferris, PBG City Manager
Charles Or Meilia, NPB Councilman
David Norris, NPB Councilman
Karen Marcus, PBC Commissioner
Patricia Weaver, PBC Adminstrative Assistant
Andy Hertel, PBC Streetscape Section Manager
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, in Palm Beach County it is estimated that as many as 22% of the adults function
at the lowest level of literacy; and
WHEREAS, the Palm Beach County Literacy Coalition serves to promote the learning of basic
reading, writing and English to engage in programs to further literacy within our county; and
WHEREAS, businesses are invited to begin workplace literacy programs at their business site;
and
WHEREAS, hundreds of volunteers are needed to become literacy tutors with adults and
children; and
WHEREAS, celebrity readers will be reading to hundreds of children at the September 6
READ-A- TWON at City Place; and
WHEREAS, elementary school children and staff all over Palm Beach County will be
celebrating International Literacy Day on September 8 wearing `READ WITH ME" stickers, and
WHEREAS, many businesses will be competing in the Coalition's "Great Grown -Up Spelling
Bee " on September 20 to raise literacy awareness; and
WHEREAS, the Literacy Coalition is asking each individual in Palm Beach County to
"Celebrate Reading" in September by initiating or renewing the reading habit.
NOW, THEREFORE, I, Eric Jablin, by virtue of the authority vested in me as Mayor of the
City of Palm Beach Gardens, Florida, do hereby proclaim the month of September 2003
LITERACY RARENESS MONTH
in the City of Palm Beach Gardens and urge all citizens in acquiring services or information
regarding literacy to contact the Palm Beach County Literacy Coalition.
Attest.
Snider, 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 affixed on this 21st day ofAugust, Two Thousand and
Three.
Mayor E is J Odin
IOU/ eI/em,5 ID; 1 -r nu.41V vela
LAW OFFICES
BOOSE CASEY CIKLIN LUBiTZ MARTENS MCBANE & O'CONNELL
A PAATNEA8Mw wcwo1N0 PROFESBKSNA . AS40CIATIONLS
JOSEPH L. ACKERMAN, P.A.
LP40A DIGRAAUS AGRART, P.A.
BRUCE O. ALEXANDER, P.A.
JERALA S. DCSA. P.A.
WILLIAM R. BOOM. 0, P.A.
JOHN D. BOTKIN. P.A.
PATRICK J. CASEY, P.A.
AICHARO R. CMAVES
PA`MIGIA M. CHAI6TIAN6EN. P.A.
ALAN J. CIKLIN, P-A.
RORERT L. CRANE. P,A.
RONALD C. CRE*CENZ0. P.A.
ROBEAT E. DOAN
JEFFREY N. OARBER
.JASON S. - 000 -KORN, P.A.
RICHARD A. JAROLEM
BRIAN B. JOSLYN, P,A.
GREGORY S. KIND. P.A.
M. DANIEL LOQAN
CNARLFS A. LU61TZ. P-A.
RICHARD L. NAWMN9, P.A.
DANA EARLE MCPNERSON
BRAN M. O'CONNELL. P.A.
PHIL D. O'CONNELL, P.A,
C"ARLE9 L. PICKETT
MATTNEW N. TMIBAUT
DG►N VEGOSER. P.L.
GARY WALK. P.A.
JOHN R, YOUNG, P.A.
08- 21-03P03�28 P•CVD
August 21, 2003
Via Fax 799 -4139
Christine Tatum, Esq.
City Attorney
City of Palm Beach Gardens
I0500 No. Military Trail
Palm Beach Gardens, Florida 33410
PMILUP D. O'CONNELL, SR. 11007-1957W
LOUIS R. MCBANE (ACY1RED)
OF COUNSEL
W. JAY HUNSTON, JR.. P.A.
MICHAEL J. KENNEDY. P.A.
JOHN L- REMSEN
LEONARO o. RUBIN
518 NO RYH FLAoLER OR1ve. STE. 1900
WEiT PALM BEACH, FLORIOA 93401 -4313
P.O. 00)S 4626
TCLEPHONG: 450 8) 193Lv 5960
FACSIMILE' ISG 1) 8260361
Re: Downtown At The Gardens/Lake Operating Agreement/Request for 30 -Day Extension
Dear Chris:
Because of the delay in our mutual ability to resolve the issues involved in the Lake Operating
Agreement, please consider this my client's request for a 30 -day extension. If you have any questions,
please don't hesitate to contact me.
By copy of this letter, I am also advising the City Clerk of our request.
Sinc el urs,
Alan J. Ciklin
AJC /nc
33530
cc: Patricia Snider, City Clerk (7994124)
James Maher (748 -8198)
Don Hearing (747 -1377)
CITY COUNCIL MEETING 08/21/03
PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS
ADDITIONS: NONE
DELETIONS: (1) Under Resolutions:
Resolution 130, 2003 — Quit -Claim Deed from the
NPBCID — lake parcels at Downtown at the Gardens.
A copy of the fax received from Alan Ciklin, Boose Casey:
has been provided for each of you. It states in part:
"Because of the delay in our mutual ability to resolve the
issues involved in the Lake Operating Agreement, please
consider this my client's request for a 30 -day extension."
(2) Under Items for Council Action item (a):
Parcel 27.06 La -Z -Boy Appeal. The petitioner has
requested the appeal be cancelled. They need to complete
some transaction issues before they move forward. Staff
will notify us when it is ready to go back onto the agenda.
MODIFICATIONS: Under Public Hearinas Part I — Ouasi- Judicial
Ordinance 17, 2003
Amendment to Banyan Tree Planned Unit Development
(PUD) — Phase I and II —
A copy of the memo from Talal Benothman dated
August 18, 2003 was hand delivered to each of you on
Tuesday, August 19, 2003 and there is also a copy
provided this evening.
The memo states in part: The applicant has not
submitted the required right -of -way deed with enough
time to allow an adequate review by the City.
Therefore, staff respectfully requests that said petition
be postponed until the September 18, 2003 City Council
meeting.
Mayor: Since this is a public hearing, I will open the
public hearing and ask that anyone here to speak on
Ordinance 17, 2003 please be advised that the petitioner
has asked for a continuance to date certain of September
18, 2003.
Can I have a motion to postpone Ordinance 17, 2003 to
date certain of September 18, 2003?
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and City Council Members
THROUGH: Ron Ferris, City Manag r
FROM: Talal Benothman, Principal Planner
Date: August 21, 2003
SUBJECT: Postponement of La -Z -Boy Appeal
Staff requests postponement of the La -Z -Boy appeal petition at this time. The applicant
has requested postponement of his appeal until further notice. Please see attached
request.
Page 1 of 2
Talal Benothman
From: Douglas DeSantis [ddesantis @reichelrealty.com]
Sent: Wednesday, August 20, 2003 3:39 PM
To: Talal Benothman
Subject: RE: Use approval Lazy Boy Building PGA BLVD
Talal, please cancel our appeal for tomorrow. We need to complete some transaction issues before we move
forward. I will keep you posted as to our need to appeal.
Please confirm this request, with a reply acknowledging our request to cancel.
Thank you.
Best Regards,
(Douglas L. Desantis
Reichel Realty & Investments, Inc.
4524 Gun Club Road, Suite 212
West Palm Beach, FL 33415
Office: (561) 478 -4440
Fax: (561) 478 -4442
E -mail address: www.ddesantis @reicheirealty.com
Website: www.reichelrealty.com
- - - -- Original Message---- -
From: Talal Benothman [mailto:TBenothman @pbgfl.com]
Sent: Wednesday, May 14, 2003 7:23 AM
To: Doug DeSantis
Cc: Charles Wu
Subject: RE: Use approval Lazy Boy Building PGA BLVD
Good Morning Mr. DeSantis,
It looks like your new prospect is good, but we can not make a decision until we receive additional info. and
formal request for the proposed tenant. As to the square footage, we have to go by what the recorded
covenant says. Staff can not deviate from the provisions of the covenant. Thanks
- - - -- Original Message---- -
From: Doug DeSantis [mailto :ddesantis @reichelrealty.com]
Sent: Tuesday, May 13, 2003 3:01 PM
To: Talal Benothman
Cc: lzbfinance@cs.com
Subject: RE: Use approval Lazy Boy Building PGA BLVD
Talal -- Good afternoon to you, sir. I have a prospect for the Lazy Boy space. The use is
Contemporary furniture and high end imported furniture. Would this be a permitted use for the
.,exclusive retail' use, as defined ?
If so, what latitude would be given if they wanted to take the entire 8500s /f as a user ? It stipulates
that the use can be as big as 6500s /f and as small as 2000 s /f. The issue with this type of break is
that it will leave a very odd space to lease, if we can only do a 6500s /f space.
Please advise as soon as possible, so that we can push this deal forward as quick as possible.
Thanks.
8/20/2003
I
Best Regards,
(Douglas L. Desantis
Reichel Realty & Investments, Inc.
4524 Gun Club Road, Suite 212
West Palm Beach, FL 33415
Office: (561) 478 -4440 Cell (561) 222- 4696
Fax: (561) 478 -4442
E -mail address: www.ddesantis @relcheirealty.com
Website: www.reichelrealty.com
8/20/2003
Page 2 of 2
]Ao'
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and City Council DATE: 8/18/03
FROM: Talal M. Benothman, Principal Planner 1 /
THRU: Ronald M. Ferris, City Manager q_;64��
SUBJECT: Second Reading - Ordinance 17, 2003: Amendment to Banyan Tree PUD
CC: Applicant
Patricia Snider, City Clerk
Christine P. Tatum, City Attorney
Charles K. Wu, Growth Management Administrator
Michael J. Sanchez, Senior Planner
The above - referenced petition is scheduled to be heard at the August 21, 2003 City
Council meeting. As a (proposed) condition of approval thereof, the applicant is required
to dedicate right -of -way to the City for the MacArthur Boulevard improvements on Phase
II of the PUD, prior to the effective date of Ordinance 17, 2003. The applicant has not
submitted the required right -of -way deed with enough time to allow an adequate review
by the City. Therefore, staff respectfully requests that said petition be postponed until the
September 18, 2003 City Council meeting.
Professional Firefighters /Paramedics
of Palm Beach County, Inc.
IAFF Local 2928
2328 South Congress Avenue • Suite 2 -13
West Palm Beach, Florida 33406 -7674
561 - 969 -0729 • Fax: 561- 969 -1059
August 19, 2003 If
Peter Bergel, Chief CITY OF PBG AU6 21 2003
Palm Beach Gardens Fire Rescue
10500 North Military Trail FIRE RESCUE
Palm Beach Gardens, Florida 33410
Dear Chief,
This is a follow -up to our correspondence of August 1, 2003 with regards to changing the
work duties for Captains. We are concerned with the impacts of this change due to the
expansion of all responsibilities including, but not limited to, the expansion of the call
load, span of control, incident command, enforcing Fire Prevention laws, recommending
station budget expenditures, and various other changes as noted in the new job
description code #6002 dated 12/121/02.
These changes were implemented without providing the Union with notice and
opportunity to bargain with respect to the changes.
Without waiving our position that the Employer may already have committed an unfair
labor practice, and without prejudice to any grievance that may be filed or pending, we
hereby demand that bargaining commence immediately over the changes and the impact
of the changes in wages, hours, and terms and conditions of employment. We expect the
Employer to resume the status quo pending negotiations.
Please contact me immediately so that we can arrange a mutually convenient date, time,
and location for the commencement of collective bargaining.
Sincerely,
Joel Brier, 2 "d Executive Vice President
Professional Firefighters/Paramedics
of Palm Beach County, lnc:
Affiliated with the International Association of Fire Fighters, AFL -CIO, CLC
It
CITY OF PALM BEACH GARDENS
10500 NORTH MILITARY TRAIL • PALM BEACH GARDENS, FL • 33410 -4698
-I.
Fire Rescue Department
December 11, 2002
Eric Jablin
Mayor
Matthew J. Mierzwa, Jr. Esquire
Carl Sabatello
Vice Mayor
3900 Woodlake Boulevard, Suite 212
Lake Worth, Florida 33463 -3045
David Clark
Mayor Pro Tern
Dear Mr. Mierzwa:
Joseph Russo
Council Member We have gone one step beyond the Union's request and have revised our
Annie Marie Delgado proposal to put it in a legislative format. Articles 20, 27, and 28 have been completely
Council Member replaced because of the extensive revisions the City is proposing. Article 50 is
completely new and at the Union's request we have proposed to include annual
physicals in the contract.
We have also revised Exhibit A so that all salary figures are accurate and
included a chart for slotting purposes. Additionally, we have enclosed a uniform
pricing list.
Finally, enclosed is an explanation of how the reorganization will affect the
Captains. We believe the overall effect is actually minor and the Captains will not be
required to perform any duty they have not performed as part of their regular duties.
If it is really the intent of the Union to bring a "final" proposal on Monday
December 16, 2002, I hope you will genuinely take the City's proposal into account in
making such a proposal. We look forward to meeting with the Union on Monday to
discuss these issues further.
Sincerely,
°fifer T: ;;�l -Hire Chief
cc: R. Ferris
H. Dufour
R. Norton
J. Catoe
S. Fetterman
C.R. Brown
V
I
Fire Rescue Reorganization
Summary and Implementation Schedule
Pursuant to our recent discussions regarding reorganization of the Fire Rescue Department, we
are submitting the modifications and timeline for implementation concerning the Captains.
The current Captains will assume full time shift' leadership roles as opposed to their current
Company Officer level responsibilities. Captains responses to calls will be greatly reduced. It is
anticipated that the Captain will only respond to major scenes for the purpose of incident
command. They will no longer respond on an engine but rather in a command unit. Attached
are new draft position descriptions for Captain, Operations and EMS assignments.
The current Shift Commanders will fill non -shift Division Chief positions to address the rapid
growth and expansion of the department. This will include specific areas of administrative,
training, and fleet/facilities maintenance needs. This proposed change in supervisory
management will advance the goals of the City without negatively impacting the Bargaining Unit
employees.
Please find below an implementation schedule for the reorganization plan:
Action: Officer Candidate School
This program, which was developed and will be delivered by Palm
Beach Community College, will ensure that all officers
demonstrate competency in shift leadership roles. Additionally,
Palm Beach County Fire Rescue will assist us with our daily
staffing of required officers during this training at no cost to the
City.
Implementation: December 9 -12, 2002
Action: Promote Deputy Chief
Promote EMS Commander to Deputy Chief of EMS/ Support
Services to assist in the implementation and coordination of the
reorganization plan.
Implementation: December 16, 2002
Action: Promote Division Chiefs
Promote Commanders to Division Chiefs who will remain on shift
proctor the Captains and step -ups. This will ensure smooth
transition in the change in leadership.
Implementation: December 30, 2002
Action: Division Chiefs to Day shift
Captains assume daily shift leadership roles and responsibility.
Implementation: January 6, 2003
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Commissioners
Meeting Room
Vice Mayor Angela Morlok Mayor Josephine Thomas Sullivan
Bill Hayes Thomas Mills Gosline
Home I News Events I Commissioners I Town Hall I Police I Fire I Pub Wrk
Documents ( Notices I History ( Planning I Photos I Links I Guestbook
For information, contact Town Hall: pbstwn hall(cD-adelphia. net
Phone: (561) 844 -3457 FAX: (561) 863 -1350
Last Revised On 04/10/200319:04:57
All contents Copyright ® 2003 Town of Palm Beach Shores
http: / /townhall.ci.palm- beach - shores.fl.us /commissioners.httn 8/21/2003
i own ck ratm rseacn mores - t-ormssioners imo z+ rage i ui i
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Josephine Gosline
Josephine "Jo" Gosline, a Barry University graduate with a B.S. degree in Business Administration, is a native of
Ohio where she was the CEO of an extrusion factory before moving to Palm Beach Shores, FL.
Prior to being elected a Palm Beach Shores Commisioner, Jo served on the Palm Beach Shores Code
Enforcement Board, and served as Secretary and then President of the Palm Beach Shores Property Owners
Association. Recently, she has served as Chairman of the year long Palm Beach Shores 50th Anniversary
Celebration including the successful FunFest.
In addition to the above, Jo finds time for volunteer work with the American Heart Association, and her favorite
sport. She is an avid golfer.
Close and Return
Maintained by Town of Palm Beach Shores
e -mail: pbstwnhall@adelphia.net
Updated: 4/16/01
http: / /townhall.ci.palm- beach- shores .fl.us /commissioners /cbio4.htm 8/21/2003
.f
BILL NELSON
FLORIDA
Mat" States senate
WASMOTON, DC 2051.0 -0405
�1 11j
lilti�
TELECOM ER COVER SHEET
Dom: August A 2003
To: Pain Beach Courdy Elected Officials
Fax:
Froth: Michelle Oyda McGovern
Number ofpages (mcludigg cover sheet): 2
Comments
I Dear Friends,
Please see the attached information regarding Senator Nelson's upcoming visd M$ FRIDAY to Western
Palm Beach County, We would We for you to attend 1 possible and spread Lim ii `turd WWur constituents.
Fed free to col with any questions.
Have a Great Week!
Michelle _1�
Should you have any questions, please contact:
SW aemake Maze. 500 Ausbaban Avow Suile 125 • West pain Beach. Fbnda 38401
Tekphorw (561) 514 -0189 • Fax(561)614-4070
W 'ON Milk 11H wat;�:6 [001 -11 ,ony
T'd TITti -66G 1195) s.Ja9od aTtayatW F91:11 Co TZ gay
GLADES COMMUNITIES
TOWN MALL MEETING
Come and Meet
US Senator Bill Nelson
Hear the latest news from Washington DC
THIS FRIDAY] AUG. 22
AT 3:00 PM1111
BELLE GLADE CITY HALT.
110 MARTIN LUTHER KING
BLVD.
BELLE GLADE, FL 33430
For more information please call
Senator Nelson's office at 561 -514 -4189
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BILL NELSON
FLORIDA
United States Senate
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TELECOPIER COVER SHEET
Daft: August 18. 2003
To: Palm Reach County Etecled Officials
Fax:
From Michelle Oyda McGovem
Number ofpages (includWS cover sheet): 2
Commeats
Dear Friends,
Please see the attached information regardng SerWw NeboWs upcoming visltM$ E tD Y to Western
Palm Beach County. We would love for you to attend g possible and spread the irord W'gbur constituents.
Fed free to call with any questions.
Have a Great Weekl
Michelle _jy�
Should you have any questions, ptease contact:
500 Oearlake Plaza, 500 Auabalian Avenue. Suite 125 • West Palen Beach, Florida 88401
Tebpnolw (551) 514 -0188 - Fm(661)514-078
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GLADES COMMUNITIES
TowN MALL MEETING
Come and Meet
US Senator Bill Nelson
Hear the latest news from Washington DC
THIS FRIDAY, AUG. 22
AT 3:00 P11 1111
BELLE GLADE CITY HALL
110 MARTIN LUTHER KING
BLVD,
BELLE GLADE, FL 33430
For more information please call
Senator Nelson's office at 561 - 514 -0189
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CITY OF PALM BEACH GARDENS
MEMORANDUM
' At,
TO: Mayor /Council
FROM: Patricia Snider, City Clerk ft
DATE: August 18, 2003
SUBJECT: Joint Partnership with School Board/flowell Watkins
Attached for your review is a copy of the presentation material and Interlocal Agreement
between the City of Palm Beach Gardens and The School Board of Palm Beach County
for the Mutual Use Of Public Facilities. This is the first item under Announcements and
Presentations, Item IV (a).
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9 R F ;�-
INTERLOCAL AGREEMENT
• BETWEEN THE CITY OF PALM BEACH GARDENS
AND
THE SCHOOL BOARD OF PALM BEACH COUNTY
FOR THE MUTUAL USE OF PUBLIC FACILITIES
THIS AGREEMENT ;is entered into this day of ' 2003, between
THE CITY OF PALM BEACH GARDENS, a municipal corporation of the
State of Florida; (hereinafter referred to as "City"), and the SCHOOL DISTRICT OF PALM
BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State
of Florida; (hereinafter referred to as "School District ").
WITNESSETH:
WHEREAS, the School District intends to demolish the existing H.L. Watkins Middle School and
replace the facility with a new middle school (hereinafter referred to as "School "); and
WHEREAS, the School District requested that the City construct certain off -site access
improvements through City property (the Lake Catherine Sports Complex), in conjunction with
the City's MacArthur Boulevard beautification project; and
WHEREAS, the City has agreed to construct these off -site access improvements at the School
District's expense; and
•.4 WHEREAS, the City owns and maintains a recreation facility known as the Lake Catherine
Sports Complex (hereinafter referred to as the "Park ") adjacent to the south side of the School;
and
WHEREAS, the School District; and the City desire to share parking and recreational facilities
between the Park and the School; and
WHEREAS, the City has budgeted to construct enhancements to the School's recreation
facilities above those required by the Educational Specifications, at a cost in excess of
$800,000.00; and
WHEREAS, it is the intent of Part 1 of Chapter 163, Florida Statutes (The Florida Interlocal
Cooperation Act), to encourage cooperation between local government units in the provision of
services and facilities for the needs of local communities; and
WHEREAS, the School District and the City recognize the need and benefit of providing for the
shared use of parking and recreational facilities between the Park and the School; and
WHEREAS, the School District and the City deem that it is necessary and appropriate to
cooperate with each other by entering this Interlocal Agreement,.
NOW, THEREFORE, for and in consideration of the mutual benefits herein contained, the
parties agree as follows:
•
A F �.
• Section 1: General.
The foregoing recitals are true and correct and are incorporated herein as is fully set forth.
All exhibits to this aAgreement are hereby deemed a part hereof. The dates set forth may
be extended by the mutual consent of the parties.
2. The City represents to the School District that it has the authority to enter into this
Agreement.
3. The School District and the School Board represent to the City that it has the authority to
enter into this.Agreement.
4. The purpose of this Interlocal Agreement is to enhance the educational and recreational
opportunities for use by the students of Palm Beach County Schools and the public and
thereby provide a mechanism for the City and the School District to cooperate in the joint
use of facilities.
5. The term of this Agreement shall be from September 1, 2003, through August 31, 2043,
and shall automatically be renewed and extended for additional five —year terms unless
either party shall give at least ninety (90) days' written notice to the other of its intention to
terminate this Agreement.
6. In the event this Agreement is terminated prior to the expiration of the term of the
Agreement. the School District shall reimburse the City for the cost of the design and
installation of the enhancements to the School's recreation facilities, based upon the
10) amortization schedule attached hereto and made a Dart hereof as Exhibit "A ".
Section 2: Obligations of the School District.
The School District will fund the design and construction of the facilities on the School
campus required as a part of the School construction project, as shown on the conceptual
site plan, attached and made part hereof as Exhibit "AB ".
2. The School District agrees, within thirty (30) days of receipt of an invoice, to pay - #air
shaFe of Beets reimburse the City for the design and construction costs incurred by the City
associated with off -site improvements necessary to accommodate safe and efficient flow
of traffic to and from the School;_ These improvements
shall be based upon the design prepared by the City, consistent with the conceptual
improvements plan attached hereto and made a Dart hereof as Exhibit "C ". These
improvements include:
A. A vehicular cross — access connection from the Park to the School to accommodate the
bus loop and staff parking areas located on the south side of the School site. This
cross - access connection will provide the School with access to a full directional
median opening on the Park property for the safe and efficient movement of traffic.
B. A new southbound left --turn lane and median opening at the main entrance to
accommodate parent pick -up /drop -off at the School and the School's visitor parking
10
area.
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3. The School District will prov9 'it AF .
ide access to all of the School's parking and recreation
•` facilities for use by the City in conjunction with the City's recreational activities. The use of
the School's parking and recreation facilities shall be limited to times when school is not in
session. Provided, however, that in the event that the City is granted use of the Media
Center, the School District will additionally provide access to "Parking Lot A" for use when
school is in session. The School District agrees, covenants, warrants: and represents that
parking and recreational facilities shall be open to the public from the end of the regular
school day until 11:00 p.m. on weekdays while school is in session, and open from 7 a.m.
to 11 p.m. on weekends and when school is not in session. The City shall have the
authority to extend such hours or times as is reasonably necessary with the Seheel
DiS FiGUS consent,— of the principal so long as it is consistent with the City's Park and
Recreation policies and procedures.
4. The School District consents to the City enhancing the School's recreation facilities above
those required by the Educational Specifications, at the City's sole expense.
5. The School District shall be responsible for the normal maintenance of the School
recreation facilities. The School District consents to the City augmenting the maintenance
schedule at the City's sole expense, to be coordinated with; and subject to the approval of
the principal.
Section 3: Obligations of the City of Palm Beach Gardens.
1. The City shall design and construct a southbound left —turn lane and median opening to
accommodate the parent pick -up /drop -off and visitor parking areas, and a cross — access
• i connection from the Park to the School to accommodate the bus loop and staff parking
areas located on the south side of the School site. This cross — access connection
through the Park to McArthur Boulevard will provide the School with access to a full
directional median opening for the safe and efficient movement of traffic.
2. The City will allow the use of the Park in conjunction with the recreational activities of the
School. The use of the Park by the School shall be limited to times when school is in
session. The City's agrees, covenants, warrants., and represents that, during the period of
time when the School athletic fields are under construction the recreation facilities shall be
closed to the public while school is in session. Upon completion of the School athletic
fields, the Park recreational facilities will be made available for the use of the School when
scheduling permits, and shall be subject to approval by the City Recreation Department.
3-.3. The City reserves the right, but not the obligation,, to enhance the School's recreation
facilities above those required by the Educational Specifications. The City shall be
responsible for all costs associated with design, construction,, and maintenance of
recreational improvements made at the School above those required by the Educational
Specifications for the School. The School District approves the lighting plan attached
hereto as Exhibit "D ". Any other improvements proposed by the City to the School's
recreational facilities must be approved in advance by the School District.
4. The Citv reserves the right, but not the obliaation. to auament the maintenance of
recreational improvements, at the City's sole expense. Such additional maintenance will
be coordinated with and subject to approval of the Pprincipal.
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• Section 4: Replacement.
In the event all or a portion of the facilities and improvements are damaged or destroyed, each
party to this Agreement shall be responsible for the repair of the facilities and improvements
originally installed by that party. Each party to this Agreement agrees to keep all facilities and
improvements fully insured, and to the extent of a casualty, repair OF replace -the same within a
reasonable time frame. In the event the enhancements to the recreation facilities installed at
the cost of the City are destroyed, it shall be in the sole discretion of the City whether such
facilities are reconstructed.
Section 5: Recognition of Liability.
The School District and the City recognize their respective liability for certain tortious acts of
their agents, officers, employees and invitees, and agree to be responsible respectively for all
claims, liability, losses, and /or causes of action that may arise from any negligent act or
omission due to the acts of its agents, servants, or employees, to the extent and limits provided
by law, said governmental entities subject to the limits provided in Section 768.28, Florida
Statutes, the State of Florida's partial waiver of Sovereign Immunity; provided, however, that
this provision shall not be construed as a waiver of any right or defense that the governmental
entities have under said statute. Each party covenants to maintain sufficient professional,
general liability, and worker's compensation coverage, unless self- insured, regarding its
respective liability, throughout the term of Agreement. This shall include General Liability
Insurance (including Contractual Liability and Completed Operations Liability Insurance) and
Property_ Insurance to specifically cover all liabilities associated with the terms and conditions of
this Agreement. Prior to the commencement of any construction, the School District and the
•) City shall provide a Certificate of Insurance evidencing the insurance coverage as required
herein. All insurance coverage to be maintained by either party shall specifically include the
other party as an "Additional Insured" and shall also provide that no material change or
cancellation of the insurance shall be effective without thirty (30) days' prior written notice to the
School District and the City.
Section 6: Other Agreements.
The City and the School Board agree to cooperate with each other and execute any and all
documents or agreements necessary to effectuate this Agreement for the purposes stated
herein.
Section 7: Modification.
Any modifications to this Agreement shall be in writing and approved by the parties' respective
governing bodies.
Section 8: Notice.
All notices to be given or delivered by or to any party hereunder; shall be given in writing and
shall be (as elected by the party giving such notice) hand delivered by a messenger, courier
service, or Federal Express, or alternately shall be sent by United States Certified Mail; with
return receipt requested. The effective date of any notice shall be the date of delivery of the
• notice if by personal delivery, courier service) or Federal Express, or if mailed, upon the date
which the return receipt is signed or delivery is refused or the notice designated by the postal
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t j
authorities as non - deliverable, as the case may be. The parties hereby designate the following
40J as the addresses to which notices shall be delivered:
City:
Ronald M. Ferris, City Manager
City of Palm Beach Gardens .
4301 BUFns 10500 N. Militaryy Trail
Palm Beach Gardens, FL 33410
With a copy to: Christine P. Tatum, City Attorney
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
School District: Arthur Johnson, Ph.D., Superintendent
School District of Palm Beach County, Florida
3300 Forest Hill Boulevard
West Palm Beach, FL 33406
With a copy to: Chief Counsel
School District Legal Services Department
3300 Forest Hill Boulevard
• West Palm Beach, FL 33406
Section 9: Binding Effect.
All terms and provisions of the Agreement shall be binding, inure to the benefit of, and be
enforceable by the parties and their legal representatives, successors, and assigns.
Section 10: Headings.
Headings herein are for the convenience of reference only and shall not be considered on any
interpretation of this Agreement.
Section 11: Exhibits.
Each exhibit referred to in this Agreement forms an essential part of this Agreement. The
exhibits, if not physically attached, should be treated as part of this Agreement and are
incorporated herein by reference.
Section 12: Waiver.
Failure of the City or School District to insist upon strict performance of any covenant or
condition of this Agreement, or to execute any right herein contained, shall not be construed as
a waiver or relinquishment for the future of any such covenant, condition, or right, but the same
shall remain in full force and effect.
• I
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Section 13: Legal Representation. 'it F
It is acknowledged that each party to this Agreement had the opportunity to be represented by
counsel in the preparation of this Agreement, and, accordingly, the rule that a contract shall be
interpreted strictly against the party preparing same; shall not apply herein due to the joint
contributions of both parties.
Section 14: Joint Defense.
In the event that the validity of this Agreement is challenged through legal proceedings or
otherwise, the parties agree to cooperate with each other in defense of this Agreement, with
each party to bear its own attorney's fees and costs associated with such defense.
Section 15: Severability.
If any provisions of this Agreement shall be held illegal, inoperative, or unenforceable in any
context, said provisions shall not effect any other provisions of the Agreement or render other
provisions invalid, inoperative, or unenforceable.
Section 16: No Third -Party Beneficiary.
This Agreement is made solely and specifically among and for the benefit of the parties hereto,
and their respective successors and assigns subject to the express provisions hereof relating to
successors and assigns, and no other person shall have any rights, interest, or claims
hereunder or be entitled to any benefits under or on account of this Agreement as a third -party
•k beneficiary or otherwise.
Section 17: Remedies.
Each party hereto recognizes and agrees that the violation of any term, provision, or condition of
this Agreement may cause irreparable damage to the other parties which may be difficult to
ascertain, and that the award of any sum of damages may not be adequate relief to such
parties. Each party, therefore, agrees that, in addition to other remedies available in the event
of a breach of this Agreement, any other party shall have a right to equitable relief, including, but
not limited to, the remedy of specific performance.
Section 18: Counterpart Signatures.
This Agreement may be executed in one or more counterparts, each of which shall be deemed
an original but all of which together will constitute one and the same instrument.
Section 19: Venue /Laws.
This Agreement shall be construed in accordance with the laws of the State of Florida. Should
any dispute arise out of this Agreement, venue shall lie in Palm Beach County, Florida. l3eth
shall net be eenGtFued against one paFty as opposed to the etheF based en whe dFafted Note:
Covered in Section 13
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AF
Section 20. Filin .
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach
County pursuant to Section 163.01 (11), Florida Statutes.
Section 21. Time.
Time is of the essence with regard to every term, condition and provision set forth in this
Agreement. Time periods herein of less than six (6) days shall in the computation exclude.
Saturdays, Sundays,, and state or national legal holidays, and any time period provided herein I
which shall end on Saturday, Sunday,. or a legal holiday shall extend to 5:00 p.m. of the next
business day.
IN WITNESS WHEREOF, the parties hereunto have executed this Agreement on the dates set
forth below:
THE SCHOOL BOARD OF PALM BEACH COUNTY,
FLORIDA, as the Governing Body of THE SCHOOL
DISTRICT OF PALM BEACH COUNTY
(SEAL) By:
Thomas Lynch, Chairman
Date:
ATTEST:
SUPERINTENDENT
Reviewed & Approved for Form and Legal Sufficiency:
By:
School Board Attorney
(SEAL)
ATTEST:
Patricia Snider, City Clerk
Date:
CITY OF PALM BEACH GARDENS, FLORIDA
By:
Date:
Eric Jablin, Mayor
Reviewed & Approved Approved as to form and legal sufficiency:
By: Date:
City Attorney
CADocuments and Settings \psnider \Local Settings \Temporary Intgnet Files \OLKE \Watkins ILA 7- 21- 03.doc
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Date Prepared: June 25, 2003
I ORDINANCE 17, 2003
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PALM
4 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
s THE BANYAN TREE PLANNED UNIT DEVELOPMENT (PUD) IN
6 ORDER TO ALLOW MODIFICATIONS TO THE PREVIOUSLY
7 APPROVED MASTER PLAN FOR THE PUD AND TO ALLOW AN
8 EXTENSION TO THE BUILD -OUT DATE FOR THE PUD,
9 GENERALLY LOCATED ON BOTH THE NORTHEAST AND
to NORTHWEST CORNERS OF NORTHLAKE AND MACARTHUR
11 BOULEVARDS (PARCELS 12.04 AND 12.05), AS MORE
12 PARTICULARLY DESCRIBED HEREIN; AMENDING CONDITION
13 NO. 21 OF ORDINANCE 41, 2001 AND CONDITION NO. 4 OF
14 ORDINANCE 11, 2003; PROVIDING FOR WAIVERS; PROVIDING
15 FOR CONDITIONS OF APPROVAL; AND PROVIDING AN
16 EFFECTIVE DATE.
17
18
19 WHEREAS, the City of Palm Beach Gardens previously approved Ordinance 41,
20 2001 thereby approving the Banyan Tree PUD Master Plan, including site plan approval
21 for Phase I of the PUD, a 40,900 square -foot office building (blood bank), and
22 conceptual approvals for Phases II and III of the PUD; and
23
24 WHEREAS, the City of Palm Beach Gardens received an application (PUD -03-
25 03) for an amendment to the Banyan Tree PUD, generally located on both the northeast
26 and northwest corners of Northlake and MacArthur Boulevards (Parcels 12.04 and
27 12.05), as more particularly described herein, to allow for modifications to the previously
28 approved Master Plan; and
29
30 WHEREAS, the Growth Management Department has reviewed said application
31 and determined that it is sufficient and that it is consistent with the City's
32 Comprehensive Plan and Land Development Regulations and has recommended
33 approval of the petition; and
34
35 WHEREAS, on May 13, 2003, the City's Planning and Zoning Commission held
36 a public hearing and recommended approval of the amendment with the conditions
37 stated herein; and
38
39 WHEREAS, the City Engineer received an application to extend the build -out
40 date for the Banyan Tree PUD, previously established in Ordinance 41, 2001 and
41 restated in Ordinance 11, 2003, from December 31, 2003, to December 31, 2006; and
42
43 WHEREAS, the City Engineer and City's Traffic Consultant have indicated that
44 the request for a time extension meets the City of Palm Beach Gardens Traffic
45 Performance Standards and have no objections to extending the build -out date of the
46 Banyan Tree PUD to December 31, 2006.
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Date Prepared: June 25, 2003
Ordinance 17, 2003
WHEREAS, the City Council has determined the adoption of this Ordinance to be
in the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The application for modification to the previously approved Master
Plan and extension of the build -out date for the following described property is hereby
approved:
LEGAL DESCRIPTION:
PARCEL 12.04
A PARCEL OF LAND SITUATE IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43
EAST; WITHIN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PART OF THE SOUTHEAST QUARTER (SE ' /4) OF SAID SECTION 18, LYING
WESTERLY OF THE WEST RIGHT OF WAY LINE OF THE C -17 CANAL; LYING
SOUTHERLY OF THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN OFFICIAL RECORD BOOK 6377, AT PAGE 310; LYING EASTERLY
OF THE EAST RIGHT OF WAY LINE OF MACARTHUR BOULEVARD, FORMERLY
GARDENS BOULEVARD, AS DESCRIBED IN OFFICIAL RECORDS BOOK 1332,
PAGE 6 AND OFFICIAL RECORDS BOOK 4418, PAGE 788, AND LYING
NORTHERLY OF THE NORTH RIGHT OF WAY LINE OF NORTHLAKE BOULEVARD.
PARCEL 12.05
A PARCEL OF LAND SITUATE IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43
EAST; WITHIN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PART OF THE SOUTHEAST QUARTER (SE ' /4) OF SAID SECTION 18, LYING
WESTERLY OF THE WEST RIGHT OF WAY LINE OF MACARTHUR BOULEVARD,
FORMERLY GARDENS BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS
BOOK 1332, PAGE 6 AND OFFICIAL RECORDS BOOK 6738, PAGE 43; LYING
SOUTHERLY OF THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN OFFICIAL RECORDS BOOK 6356, AT PAGE 1768; AND LYING
NORTHERLY OF THE NORTH RIGHT OF WAY LINE OF NORTHLAKE BOULEVARD.
2
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Date Prepared: June 25, 2003
Ordinance 17, 2003
SECTION 3. Said amendment to the Planned Unit Development is approved
subject to the following conditions, which shall be the responsibility of the applicant, its
successors, or assigns:
1. The applicant shall comply with all applicable conditions listed in Ordinance
41, 2001. (Planning and Zoning)
2. The build -out date for this project is December 31, 2006. (Planning and
Zoning)
3. Within 60 days of the effective date hereof, the applicant shall apply for a
permit from Palm Beach County to install the landscaping, irrigation,
hardscape, and lighting within the entire median and all of the northern
roadway shoulder of Northlake Boulevard between the eastern and western
termini of Phases I and II based on the Michael Redd and Associates
Northlake Boulevard Streetscape Plans dated November 22, 2002. Said
improvements shall be completed within six (6) months of the issuance of
said permit by the County. Upon completion, the City shall reimburse the
applicant for one -half (1/2) of the cost of said improvements within said
median. (City Forester)
4. In the event that the City of Palm Beach Gardens or another entity forms a
special district pertaining to the landscape maintenance of Northlake
Boulevard, the applicant, successors, and assigns shall automatically
become a member of such special district. This condition may be amended
at any time by separate agreement between the applicant and the City of
Palm Beach Gardens. In the event a special district is not created, the
applicant, successors, or assigns shall be responsible for payment of their
annual fair share of the maintenance of the aforementioned Northlake
Boulevard right -of -way enhancements. (City Forester)
5. Prior to the issuance of the Certificate of Occupancy for Phase I, the
applicant shall replat Phase II to include the dedication of right -of -way for
the MacArthur Boulevard improvements (as approved by the City). (City
Engineer)
Prior to site plan approval by the City Council for Phase II, the property
owner for Phase II shall reimburse the City for one -half (1/2) of the cost of
the MacArthur Boulevard improvements (landscaping, irrigation, hardscape,
lighting, median drainage, traffic calming measures, and right -of -way
dedication), as approved by the City, within the MacArthur Boulevard right -
of -way between Northlake Boulevard and the northern terminus of the
property, along with interest in accordance with Florida Statutes. The
property owner for Phase II shall have input and participation in the
determination of cost and contract letting for said improvements. (City
Engineer and Planning and Zoning)
3
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Date Prepared: June 25, 2003
Ordinance 17, 2003
The applicant, successors, or assigns shall be responsible for payment of
their annual fair share of the maintenance of the aforementioned MacArthur
Boulevard right -of -way enhancements. (City Forester)
$. Prior to the issuance of the Certificate of Occupancy for Phase I, the
applicant shall pay the required 1% of construction cost towards Art in
Public Places for the building project or provide art in public places on the
site equal to the cumulative construction value, should the aggregate cost of
the project exceed the $1,000,000.00 threshold for construction value. If the
applicant chooses to provide the art on site, the applicant shall be required
to install the approved art on site, as approved by the Art Advisory
Committee and City Council, prior to issuance of the first Certificate of
Occupancy for Phase I. (Planning and Zoning)
9., Prior to the issuance of any additional building permits for Phases I and II,
the applicant shall provide a vehicular pavement marking and signage plan
to the City for review and approval by the City Engineer. (City Engineer)
1,� The applicant shall comply with Section 78 -324 of the City's Land
Development Regulations, Roadway Beautification Plan, which requires the
applicant to maintain the landscaping on the rights -of -way adjacent to
\ Phases I and II. (City Forester)
1 Prior to the issuance of the first Certificate of Occupancy for Phase I
p Y , or
prior to the issuance of the first building permit for Phase II, whichever
occurs first, the applicant shall complete the construction of the eight (8) foot
screen wall located along the northern and a portion of the western property
lines. (Planning and Zoning)
1'2. Prior the issuance of the first Certificate of Occupancy for Phase I, the
applicant shall construct an exclusive westbound right -turn lane at the
access driveway into Phases I and II along Northlake Boulevard. (City
Engineer)
13. Prior the issuance of the first Certificate of Occupancy for Phase I, the
applicant shall construct an exclusive northbound left -turn lane at the
access driveway into Phases I and II along MacArthur Boulevard (City
Engineer)
SECTION 4. Condition No. 2 and Condition No. 21 of Ordinance 41, 2001 shall
be amended to read as follows:
4
-.
.
4
Date Prepared: June 25, 2003
Ordinance 17, 2003
1
2 the Fe ad shouidc°•-rr5 rand median adjaneR4 to Phases 2 and 3- hull be
3
4 and ZGRinn)
5
6 21. The build -out date for this project is December 31, 2006. 2002 as
7 FefeFBRb+ in the_ April 19, 2000 Traffin ImpaGt Ralysis(TaFnoe 12.04) ra
8 the ApFil 24,
9 (Planning & Zoning)
10
11 SECTION 5. Condition No. 4 of Ordinance 11, 2003 shall be amended to read as
12 follows:
13
14 4. The build -out date for this project is December 31, 2006. 2003 —pef
is QFdinaAG8 50, 2002 (Planning and Zoning)
SECTION 6. The following waivers are hereby granted with this approval:
1. Section 78 -285 of the City's Land Development Regulations (LDR's),
Permitted Signs - to allow for a total of five (5) ground signs within the
Banyan Tree PUD.
2. Section 78 -285 of the City's Land Development Regulations (LDR's),
Permitted Signs - to allow for two (2) ground signs which are approximately
six (6) feet in height and 52 feet in width.
28 SECTION 7. All development for Phases I and II of the PUD shall be in
29 compliance with the following plans on file with the City's Growth Management
30 Department:
31
32 1. Sheet 01: Site Development Plan, prepared by Jeffrey A. Ornstein, P.A., last
33 revised on June 24, 2003, and received and stamped by the City on June
34 24, 2003.
35
36 2. Sheet 01x: Entry Wall Details, prepared by Jeffrey A. Ornstein, P.A., last
37 revised on May 28, 2003, and received and stamped by the City on May 30,
3s 2003.
39
40 3. Sheet L -1: Landscape Development Plan, prepared by Gentile, Holloway,
41 O'Mahoney & Associates, Inc., last revised on May 22, 2003, and received
42 and stamped by the Planning and Zoning Division on May 28, 2003.
43 4. Sheet L -3: Entry Landscape Plan, prepared by Gentile, Holloway,
44 O'Mahoney & Associates, Inc., dated March 20, 2003, and received and
45 stamped by the Planning and Zoning Division on May 28, 2003.
46
5
Date Prepared: June 25, 2003
Ordinance 17, 2003
1 SECTION 8. This approval expressly incorporates and is contingent upon
2 representations made by the applicant's agents at all workshops and public hearings
3 pertaining to this project.
4
5 SECTION 9. This Ordinance shall become effective immediately upon adoption.
6
7 PASSED this day of , 2003, upon first reading.
8
9 PASSED AND ADOPTED this day of , 2003, upon
10 second and final reading.
11
12
13 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
14
15
16 BY:
17 Eric Jablin, Mayor
18
19
20 Carl Sabatello, Vice Mayor
21
22
23 David Clark, Councilmember
24
25
26 Joseph Russo, Councilmember
27
28
29 Annie Marie Delgado, Councilmember
30
31 ATTEST:
32
33
34
35 BY:
36 Patricia Snider, City Clerk
37
38 APPROVED AS TO FORM AND
39 LEGAL SUFFICIENCY
40
41
42
43 BY:
44 Christine P. Tatum, City Attorney
45
46
47
48 G:\aftorneyshare\ORDINANCES\banyan tree phases 111 - ORD 17 2003 - revised for first reading.doc
G7
Jackie Holloman
From:
Talal Benothman
Sent:
Tuesday, August 12, 2003 4:56 PM
To:
Ron Ferris; Christine Tatum
Cc:
Charles Wu; Jackie Holloman
Subject:
Parcel 5B Waiver
Hello Everyone,
I received a call from Mr. Bartel this morning. He has stated that he will fax me a letter postponing the 5B waiver petition.
On another subject, he wanted to hold a workshop before the City Council to discuss Parcel 27.9 (across the lake from
Downtown at the Gardens within the Regional Center DRI). I informed him to discuss this issue with Chris when we meet
next week. This meeting has not been scheduled yet. Thanks
LITERACY COALITION
MCECLTIIVE COMMITTEE
President
Michael J. Bracci
Northern Trust Bank
Vice-presidents
Kelly Starling
AT &T Wireless
Treasurer
G. Cotter Cunningham
Bankrate, Inc.
Parliamentarian
Chuck Blaine
Adelphia
Past I' midents
Cheryl Crowley
ImMEDIAcy Public Relations, Inc.
Jonathan E. Btookahirc
Northern Trust Bank
Mark J. Burger
Rachlin Cohen & Holtz, LLP
Chuck Haas
Rachlin Cohen & Holtz, LLP
Sharon Hill
Palm Beach County Library System
Becky Isiminger
Junior League of the Palm Beaches
Cinde Martin
Community Volunteer
Trip Moore
U.S_ Trust Company of Florida
Robert Patterson
Wachovia Wealth Management
Magdala Ray
Palm Beach Community College
Kevin Ross
Lynn University
David Sales
Searcy Denney Scarola Barnhart & Shipley, P.A.
Kristin Scharch
Bank of America
Chuck Shaw
Department of Insnuctional Support
Kathy Trumbull
Sun - Sentinel
EXECUTIVE DIRECTOR
Darlene Kosnub
Mayor Eric Jablin
City of Palm Bch Gardens
10500 N. Military Trail
Palm Beach Gdns, FL 33410
Dear Mayor Eric Jablin:
The Palm Beach County Literacy Coalition is a non-profit organization
whose mission is to promote literacy and provide referral and assistance to
those in need as well as recruit volunteers to serve as literacy tutors. We
manage a Literacy Hotline, a family Iiteracy program in Belle Glade and
Delray Beach, and have many educational programs throughout the county
relating to workplace literacy, as well as adult and children's literacy.
September is Literacy Awareness Month and we are asking each local
municipality to issue a proclamation recognizing this special month.
September will be full of literacy activities such as the Celebrity Read -a-
thon on September 6 and the "Great Grown -Up Spelling Bee" on
September 20. There will be an extensive public relations campaign
focused on encouraging the public to refer literacy students to the Literacy
Hotline and to encourage people to volunteer as tutors.
We believe this awareness campaign celebrated in your community will
benefit your residents and the county at large. Enclosed is a sample
proclamation. Please feel free to contact the Coalition (1- 800 - 273 -1030 or
561- 279 -9103) with any questions.
Thank you for your consideration.
Darlene Kostrub
Executive Director
551 SE 8th Street, Suite 505, Delray Beach, FL 33483 Phonet 561.279.9103 Literacy Hotline: 1.800.273.1030 Fan: 561.265.3579
www.pbcliteracy.org
PROCLAMATION OF THE CITY OF
DECLARING SEPTEMBER 2003 AS LITERACY MONTH.
WHEREAS, in Palm Beach County it is estimated that as many as 22% of the adults function at l/
the lowest level of literacy; and
WHEREAS, THE PALM BEACH COUNTY LITERACY COALITION serves to promote the learning of C�
basic reading, writing, and English to further literacy within our county, and
WHEREAS, the Coalition coordinates workplace literacy programs at many businesses in the t�
county; and
WHEREAS, hundreds of volunteers are needed to become literacy tutors with adults and children;
and
` 1HEREAS, celebrity readers will be reading to hundreds of children at the September 6 READ -A-
'HON at CityPlace; and
WHEREAS, elementary school children and staff all over Palm Beach County will be celebrating l/
International Literacy Day on September 8 wearing READ WITH ME stickers; and /
WHEREAS, many businesses will be competing in the Coalition's "Great Grown -Up Spelling v
Bee" on September 20 to raise literacy awareness; and
WHEREAS, The Literacy Coalition is asking each individual in PALM BEACH COUNTY to V
"Celebrate Reading" in September by initiating or renewing the reading habit.
NOW, THEREFORE, BE IT PROCLAIMED BY THE City Council assembled in regular session this
the day of , 2003, that the month of September is hereby
proclaimed
LITERACY AWARENESS MONTH
All citizens interested in acquiring services or information regarding literacy are urged to contact
The Palm Beach County Literacy Coalition.
BE IT RESOLVED BY THE Mayor and the City Council that this Proclamation, duly back and
ribboned, and executed by the members of this Council, be presented to the Palm Beach County
Literacy Coalition.
Mayor
Date
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