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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. E LM � •v O CL �° V m E a N M 00 00 N N 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 MIRT M N r 0 0 Re Re Re Re Re Re m O � •tn c� E O c a� L Q N M O O co cl a b a ' Palm Beach Gardens Police Department PART I CRIME 2" d Quarter I APRIL -JUNE CRIME COMPARISON t 7 U 1 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 N M O O O O N N El 11 a� 0 00 � N � � a M O � � N � W w � w I-D a a N r 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. it u C 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 aml uu t J J LIP I ,� III I I N 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 Pa�� ve r aa9 c `F$ �ec ` �o�ys �O oo �JO a �e�� �es �es Qe 0y QO�e Go $<� se�J c ��V �ON e \� `6 ON G �� 9-e ,e90 Gem e ca\ F01. 04P 0 Q Jpxc Q 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�� — ,Se4 ee5 4et��ts er��� t�e5 ISO �i��cr o5e5� i�o�e��C� e5�o <Se _�`SCe�a G ❑ 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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) 1 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 4 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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. C � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. 5 6 7 C OF CH GARDENS FOR AGAINST ABSENT 8 9 BY: cT 10 Eri or I1 12 r� 13 Ca ello, Vice ayor 14 J 15 16 avid C , C n7 ember 17 18 19 Jo ss o cilmember 20 21 22 Annie Marie Delgado, Councilmember 23 24 25 ATTEST:: 26 27 28 BY: - 29 Patricia S aid6r, City-Clerk 30 31 APPROVED -AS TO: FORM AND 32 LEGAL SUFFICIENCY 33 34 3s BY: 36 Christine P. Tatum, City Attomey 37 38 39 40 41 42 43 44 45 46 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. 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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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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) 37 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. 26 27 28 29 (The remainder of this page left intentionally blank) 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 6 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. 5 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 10 BY: 11 Eric Jablin, Mayor 12 13 14 Carl Sabatello, Vice Mayor 15 16 17 David Clark, Councilmember 18 19 20 Joseph Russo, Councilmember 21 22 23 Annie Marie Delgado, Councilmember 24 25 ATTEST: 26 27 28 29 BY: 30 Patricia Snider, City Clerk 31 32 APPROVED AS TO FORM AND 33 LEGAL SUFFICIENCY 34 35 36 37 BY: 38 Christine P. Tatum, City Attorney 39 40 41 42 43 44 45 46 47 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. ��ul�e? \� } \� ~ / \ \ \ \ \/ \/ \� mmmLiM MENIFIN - i — � #�� /d� r`o_n1 _f11 (,arripn n;;k.q FLOP 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). 4 nH i Al f r Mary C'Ito' k G:a r A,M-Oaks¢ a} �. Sunset O'l r. n "y t Li Jf �. �3 __ 4 @ = � � @ E � } ® � v � U Z � W Z E Z 72 Q @ � � � @ O E @ 2 ■ (D k E7»E NOR EmJN» KEd + CK f / �k : � ^� o c CO) E \ \ 2 / k Z — > / 0) R� K - /20 /\z Z6 \ o, ®�7 \f /G\\ e ] d VN -7Sn (IN V7 MILIAI A.LN007 HO V 79 N7 Vd f dvK 1 C Z CH 3yf...._. _� i sue* • -� � .9�i„ 4 � 2 �' i j.,: - x ? 3 { y E lu WZA- t i T { xg 8 { IL i Le x.: 3 gx s - II 2: "Ell I� r a h —_1- SK 3. ! S , t " 7 RU mpg dt t S 7 wul -Aim e£5A2H A w : AIY�E A I . eEu,:a "T K-5: i � � t7 •n x€ kIt �'. � k � j. RFTOlUY70PK R�iOd.Ui69hi .�...yp �� -„S 1 7 ilflatlFi�Tt,i'IDIRI tR "r.. -,• r = , -.� ie .._._._KII tNNt ®ISib,'i�4 } _- Map 4 PALM BEA CH COUNTY ZONING DISTRICTS 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. 11' � D � F- U) Z _O F- Q � W Z z Q @ >_ Q a) @ c � � � � 2 U � @ � V) � m 0 c @ -a m A fl iN K+ »-7L V 9N <S7J5d « 2 0 � CL � 0 W Q R k � 0 k & R J Q \\ � }{ t ) � � . � a \ : 3 3 ± - _ 'o \j ® $k/ g c 3 P «{ x m a e Q \\ � }{ t ) � � 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 $531,550.00. Potential sources of these funds are various and include the following: 1. City of Palm Beach Gardens Fiscal Year 2003 /2004 Capital Improvements Budget. These improvements are currently unbudgeted expenditures in FY 2003 or beyond. 2. Residents could pay capital improvement fees sufficient to provide the service. 3. The City could create a special district or a special assessment to provide the necessary improvements. 4. The City could apply for supplemental funds from such grant programs as the Community Development Block Grant (CDBG) program or low interest loans for the residents. 5. Certain combinations of the above referenced resources. Since there is currently no citywide requirement that existing septic system be disallowed and property owners forced to hook up to SUXs service, there would be no requirement by the City in newly annexed areas that the use of septic systems be discontinued. 1L L�L yJ z O H Q X W z Z Q (D L 4- U) U) W Q% V L U a cu 2i cf cu O c ai 70 L Y S[ SNI NAY U AIM 3S A2I VIIN VS ONII SIX 19 dvN CKI4 0 0 T U v Z m 0 �- Q w O w Y N r U W {-- m N .a O .' C Q} O Q Z N f6 t6 j o m 67 S U I j J a 0 Q �Q a � rD m . oty a r uQ u z o rnr O C t$ O 0 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. Driver" f :.unseat . v � Mar -y Circle . Y t r Gardenr.0ak's a� - Driver" f :.unseat . v � dVW -Sl1 aNV7 Igni 1IA.LMCO IDV38W7Vd f dvN 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). N a .Mary=CircIt ,.Garden =Oaks a W 7 C A W co r. C•: W 0 U U) co Z 0Y co l W Z Z-2 Q� C6 co 0 i1 M. V-7Y V MOILVX3NNVZdvN Q W AM @ OC o ° o m Q m E oil qZ z Od V o $ @ -x E d- m _ o A V Y W� a u c c U o j � @ C7 s m 2I o (D U) 8 � Q 3�(D _`_� m��sN2:rrkse I .2�� ON- 6 7lY Nall P Xd'�3 j yr y ■. '�"`:�� ' ;• � tit■ ■11� � � ill�l ■1:�� ,. Q W AM @ OC o ° o m Q m E qZ z Od V o $ @ -x E d- m _ o A V Y W� a u c c U o j � @ C7 s m 2I o (D U) 8 � Q 3�(D _`_� 3 dVN.7S11 aNV71?IHDdAIN1100HJV79W7Vd f dPN sit- AT hi $ M010-777 - '- _`rye f a—= =v: "'` -' _ "" BLS' i EM #a:. # t s WAS - #. a F its lit e AS Ott in, Ail 4 E , c 1 € Q Al j 3 + 3 Map 4 PALM BEACH COUNTY ZONING DISTRICTS 1( 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. 11' D D U) Z O H Q X W z Z Q N N C- cn 06 U U a ui O a� P (s M 10 fI SITU VN Y-71 VA DNIL SIX 3 S d'PN Jim Q 0 CL o vQ Lll L U a - � C: O In O C CO ?- Q Q l6 A m �o P ca 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. I u! z O Q X W z z Q N �L 4 Vl 06 V L U a co vi ca O a� 2 L SI SNI V,W X gA YS A U VIIN VS DNII SIX 19 dvN z 0 Q a U w Q V 7 O CK W 0 T U a � z O G o F m z Z; W 0 4 J F} O z H i d J C7 Q (7 rc Ul S U ol l I 0 �Q u7 m Z 2� c" m '� t 8 0 2. Q N 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. 17 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 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, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 3 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 27.12, 27.14 AND LAKE VICTORIA GARDENS AVENUE (P.B. 94. PAGES 40 -42) N 80 004'54 "E 234.50'` N 37 045'07 "E 201.89' --- • OrO oh'�.g2 O C O a 0) O' O M 2 4- 7' P. E. P.B. 90. PAGE 199 A =10 °24'51" L= 191.11' R= 1051.45' O Oa Cl a? S 39 007'38 "E 94.90' -- 3 co Uj M -CDo .) o ° ti tK. Z �C46�0 a F EASEMENI O.R.B. 5373. P AGE 1785 0 n m -' PARCEL 27.13 ;D REGIONAL CENTER PARCELS 27.09. 27.13 AND WATER Co Z r- MANAGEMENT TRACT 3-13 (P.B. 90, PAGES 199 -201) m f1 mo z ' EXISTING LAKE TRACT —WATER MANAGEMENT TRACT 3 -B REGIONAL CENTER PARCELS Z 27.09. 27.13 AND WATER Q�x MANAGEMENT TRACT 3 -B (P.B. 90. PAGES 199 -201) �ld? 3 to 9c o �� aD F� 'Q/ q* 'P. 0° t0 9 r3- / O — � 0 o U) 0 PARCEL 27.14 REGIONAL CENTER PARCELS 27.12. 27.14 AND LAKE VICTORIA GARDENS AVENUE (P.B. 94. PAGES 40 -42) C3 PARCEL 27.09 REGIONAL CENTER PARCELS 27.09. 27.13 AND WATER MANAGEMENT TRACT 3 -13 (P.B. 90. PAGES 199 -201) s so Zcs+ O L.S.E. �.R.B. 8601, PAGE 28 \ 0% L V0 at N 14 003'17 "W 82.72'— .� N 58 041'21 "W 35.68_' L= 49.63' 0 =06 006'14" R= 465.87' ,.so a5s6 Q.JE Co �pG�9 ,QP �ypo�0. Landmark urveying &Mapping Inc. SKETCH AND DESCRIPTION mm 1850 O FOREST HILL BOULEVARD. SUITE 100 ow WEST PALM BEACH. FL 33406 EXISTING LAKE TRACT PHONE :LPS# 396 3 -5405 WATER MANAGEMENT TRACT 3 -13, REGIONAL FIELD: N/A DRAWN: L.C.B. SCALE: I' • 200' CENTER PARCELS 27.09, 27.13 AND WATER BOOK: N/A DATE: MAY. 2003 PRDJ. FILE JOBS/2527 MANAGEMENT TRACT 3 -B (P.B. 90, PAGES 199 -201) PAGE: N/A CHECKED: C.S.P. CADDFILE 2527LAKE I SHEET NO. 2 OF 2 1,108 NO. 2527 2 um -mil a�— Aueduloo xwudomoa ultlgw SUd p leg at 114 MOG _�VU O�U < » 2222 SN20,YV9 07/)VovlV,, I \ T jiv < » 2222 ZQ < < < < C) C5 (i < < < Q) / + cc� cl� 'It __� a LLJ LLJ 0 < LU U) 2 z co co C) U) 00 0 ± � � � } | � � \ � / ■ SN20,YV9 07/)VovlV,, I \ T jiv < » 2222 ZQ SN20,YV9 07/)VovlV,, I \ T jiv O 11110 Aueduloo ;uatudolam?a qluaw '''! mayme!) 0;611 PV U1140.�UIWOa O 11110 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 usipai pua tq . uu ma 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 !gran so a ♦wtV J•occrtAsel (ROWeNOW so New kw em- s fist Ioo tia wm* and sso Pm wit U mb GWCI a RWM 6s " 35 kl.a 460 l 6 and tootle wm vilfe oae� 25 b 2s 4b BOW WU h aid W she W= QM AiF Perihm Two as ad by 25 bd 475 reet.aeb.d Sso ewe wm v 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. F: %F 4' ,t 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: a= .A Secretary w z 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) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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; 30 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. 34 35 CONTAINING 40.00 ACRES, MORE OR LESS. 36 37 SECTION 3. Said approval is subject to the following conditions, which shall be the 38 responsibility of the applicant, its successors, or assigns: 39 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) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 8 9 10 BY: 11 Eric Jablin, Mayor 12 13 14 Carl Sabatello, Vice Mayor 15 16 17 David Clark, Councilmember 18 19 20 Joseph Russo, Councilmember 21 22 23 Annie Marie Delgado, Councilmember 24 25 26 ATTEST: 27 28 29 30 BY: 31 Patricia Snider, City Clerk 32 33 APPROVED AS TO FORM AND 34 LEGAL SUFFICIENCY 35 36 37 38 BY: 39 Christine P. 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I I I L m l L If,- j7 '•' �i7i' I I '� i I Imo- - - -� �� —� i .8 , i mI •o `a7 .ELI 1 I I I ISI y � m s armor ss3�or � f ■ �'S _ � "'9I � -�E7 � � a�g a�� im m e I I I I j ° � � z � • �"� C I I Wi° I i 'I I I I I `• _ I r l I � � II ,- .. --- -•`; --------------- - - - - -� °m - - - --- `----------------- LL I i - -_ eMQ1 MOflN313U �' • I j. i m � ■�����uoiiiiioai�iiiiiiii%i�uvi _________ —� L TI � w i ___1`- ---' oxaav`o- ■ �3 L_�_�_�� t�r-� c_� � o i _ �.e� r 3Nn ALl3dONd ti 7t/ :es/> pue7 eAn7nd y se/s/ e41 �v+a�u.ee�nebx iu ccm.w: a+ oa, �ww pro Aaia 0 • • lg lw --Z, —9-31 25 'Zlfl : Fzo oo LU ai 14 V 1 O I" �8 IN M 2H I! 0� lo..;,- UE lg O O IZ --Z, —9-31 25 'Zlfl oo O O O IZ 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. 1 a 0 a � V m •U ao WV I— v 2� LL a H O Z N 3 O U w z c IL m 0 'All ai aNi � L Z Q U N F 0 0 s m +� E � m o C o o c E C 0 E �c N 0 }' s c H .c Ca o o a� _ � o 4J � U o aUE N An o Cd a� co N co � o 0 3 E oEa� o c QU H CI- I ti 0 ai aNi � L Z Q U N F 0 0 s m +� E � m o C o o c E C 0 E �c N 0 }' s c H .c Ca o o a� _ � o 4J � U o aUE N An o Cd a� co N co � o 0 3 E oEa� o c QU H fj a U I� � O a � J _ ao WV �U O L a o z 3 O U U d 11 O J L 0 ro Z q � M -I Z o � � � M J 0 ro Z q � Or., N N N L � Q = O N N N as N E N O c ~ s o M L Y O *' U � a U � C O N s 4J -'ooh _ � a � i N coo o � � N aU � -I N K E U z N CD a a' 0 .D, N Or., N N N L � Q = O N N N as N E N O c ~ s o M L Y O *' U � a U � C O N s 4J -'ooh _ � a � i N coo o � � N aU � U d 0 a � �c a. 03 WV CO) LL Q (no Z *' wa O °C �J c a O m a U d �J E Z N �I N V O N L Q U co * -T L � '0p O Q � O N N N �a a: E a N O +r U C H E 0 o M •c .o m _ O a � U N v o CO 0 N L 0 0 E .O C 'V E 0 7 }, aU H 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) EWA m 17:17 Pf J. • LJ=F IYC/C MESS"' COhtF l'�MATrpN �2 :,2gg3 1s:e� S,R --TIhE DISTANT gYpTION tD MODE 00 , 25 561 139 F'GES "w+LT 01 bK 0000 W /C1 /CCJC7J 1J•1J MESSAGE CONFIRMATION eR�2�• 3.5:09 DATE S,ft-Trmr DISTANT STATION ID MOM X21 00'59° 5617468198 i PAGES RESULr 01 W ow8 .1 1 1 i 15:17 M374 COWIRM;T10t4 X21 15:12 08/21 S'R -�Jl DISTp*4.r STATION ID MoJX 06,25" 4erl/ll MU. 4177 I/!K1 PAGES RESLLT 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 • �i 0 X> cn ° m co ;t w N CD U •� M QJ C-13 NC� C T O O n co U3 M c ca. CD V c ii cf) ::E W uj ti iv C 0 � 'N c V a' E o a 0 ti N U U U U O O o@ M N LL C, C 7 Q .0 C C OO > N O v O a Q b Q a� o •° Q v E Q w U O � Q CID C Cfj t U O U CU Q N C (U U- L (U . _ v L - en C U U C C cz o LA- Cp 0 CZ v =3 O N CU D i.i sown jI raim tseacn mores rioriaa - t.omm>ssioners • 7aww of rage 1 ui 1 t:If i I I . ` , , Click Image For Info 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 r 1 �I 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 Z/Z 'd HE '011 ROS13K 1119 WHE:6 €001 `11 MV Z'd iiii* -66L (19S) S -Aa20a 8118y0161 egt:rr sn ra gnu It ri BILL NELSON FLORIDA United States Senate WA$WG70N, DC 20510.0909 r TELECOPIER COVER SHEET Daft: August 18. 2003 To: Palm Reach County Etecled Officials Fax: From Michelle Oyda McGovem Number ofpages (includWS cover sheet): 2 Commeats Dear Friends, Please see the attached information regardng SerWw NeboWs upcoming visltM$ 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 ill treE ON NOS13N IM 01�t '-6 [001 'Zl MV -.4 T TV L n n♦ f r n n i c. w .. - .. .. ___ ___ __ __ O_ e t r'_.ac*r 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 Z/Z .d �H 'ON NOSNN 1118 Mr. :6 OR -zz VV ? -d itiL_cci Traci 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. 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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. CADocuments and Settings \psnider\Local Settings \Temporary Intginet Files \OLKE \Watkins ILA 7- 21- 03.doc 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. CADocuments and Settings \psnider\Local SettingsWemporary Intgnet Files \OLKE \Watkins ILA 7- 21- 03.doc • 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 CADocuments and Settings \psnider\Local Settings \Temporary Internet Files \OLKE\watkins ILA 7- 21- 03.doc 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 CADocuments and Settings \psnider \Local Settings \Temporary Internet Files \OLKE \Watkins ILA 7- 21- 03.doc 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 CADocuments and Settings \psnider \Local Settings \Temporary Intignet Files \OLKE \Watkins ILA 7- 21- 03.doc 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 A �I i 1 r� L� I 1 LL1 M �j W v •C-) O 7� O .O ct N ct O 'c N +� CA N V1 ct '� O cam' � � • � O �i • � U i C� • � O v1 ^ O ct ct • •� c O Ct °o � O ct U �ct � o j N ct ti ct O U •O �, ct ct Ct C.) 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F-3 U � 0 o 'N > 0 O n cO0 '(a -0-0 � 0 � _ E r� CQ Q O ateJ V cc 0�^ E 1 i > oll - U Q � Q O p u1 O � O��> o c: M'(a V- Q Eu0°-o U-0 01= c 010, E .E 'u � -o 0 O-Oig NO E" -0 V (a 0 ' V ru UJQ)O:3 E'0)0) o�U CQ o0) 2� ra O . 0- 0U a O 0 > 0 J +� ru 0 O�� OvvC�•O �0Z3 0- " -C E C: -J N N 0 O V C: -r- u N rn � 0.— � N N tij -0 0 � ♦ (n (a U 4-J �_ '> O � � N LA cOn O 4-J V) C) O o') _�fo -'�IZ- L V �i0O V) C:) - �0C:" CL 0 � 0 o •O Z3 V0-Op .— — 0��0 _ 010 oC M -001 0 C: N• —4-J �V N Ln • — N �E To rn LL) E ♦ Q) a--� a--� 0 ea s a� E E e CID a� ae cc *me COD N a-J O O 4-J ca O � O O E E O oC m - U- O f p � O J � O o 4-J� a 4-J o o E E E E ru Z u =3 rn E X CD C) 0 0 Cn N U 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. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 s � cap rn r +1 " earl OJ 0 tart t - ,— Pri C, 19 a ® LA- u cl LU aKs® d -j °-1wNn g y �4 O � Hw oa d 4-4 o'"o� cd 0 U °a Z� E� �V OQ Uo U W a r• f' r- m w a a f'