HomeMy WebLinkAboutAgenda Council Agenda 030713
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
March 7, 2013
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
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. (Staff Report on Page 4, Resolution on Page 12) RESOLUTION 14, 2013 -
THE MANDEL JCC / ARTHUR I. MEYER ACADEMY PLANNED UNIT
DEVELOPMENT (PUD) PLAT. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE
MANDEL JCC – MEYER ACADEMY PLAT; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
b. (Staff Report on Page 17, Resolution on Page 25) RESOLUTION 15, 2013 -
PARCEL 31.04 PLANNED COMMUNITY DEVELOPMENT (PCD) RE-PLAT. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA APPROVING THE CIMARRON COVE RE-PLAT;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
c. (Staff Report on Page 33, Resolution on Page 37) RESOLUTION 16, 2013 –
SETTING THE DATES FOR THE JULY AND AUGUST CITY COUNCIL
MEETINGS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF REGULAR
CITY COUNCIL MEETINGS FOR THE MONTHS OF JULY AND AUGUST,
2013; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor
Vice Mayor Premuroso
Council Member Tinsley
Council Member Russo
Council Member Jablin
d. (Page 39) PURCHASE AWARD TRANSMITTAL - PURCHASE AWARD FOR
THE SCHEDULED REPLACEMENT OF POLICE CARS AND OTHER MOTOR
VEHICLES FOR CITY DEPARTMENTS.
e. (Page 47) INTERLOCAL AGREEMENT WITH JUNO BEACH.
f. (Page 52) PROCLAMATION – NATIONAL PURCHASING MONTH.
IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing)
a. (Staff Report on Page 53, Ordinance on Page 56) ORDINANCE 1, 2013 - (2ND
READING AND ADOPTION) BUDGET AMENDMENT FOR FISCAL YEAR 2013.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS’
BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND
ENDING SEPTEMBER 30, 2013, INCLUSIVE; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
b. (Staff Report on Page 69, Ordinance on Page 71) ORDINANCE 4, 2013 - (2ND
READING AND ADOPTION) TAX ABATEMENT. AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
AMENDING CHAPTER 66. TAXATION. BY CREATING A NEW ARTICLE VI.
ENTITLED ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION;
SECTIONS 66-301 THROUGH 66-310, INCLUSIVE, TO ESTABLISH AN
ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION; PROVIDING
DEFINITIONS; PROVIDING AN APPLICATION CRITERIA ; PROVIDING A
SUNSET DATE, A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
c. *(Staff Report on Page 84, Resolution on Page 105) RESOLUTION 19, 2013 -
AMENDMENT TO THE DONALD ROSS VILLAGE PLANNED UNIT
DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT
TO THE DONALD ROSS VILLAGE PLANNED UNIT DEVELOPMENT (PUD),
AS MORE PARTICULARLY DESCRIBED HEREIN, TO APPROVE THE
RELOCATION AND RE-ORIENTATION OF A GROUND SIGN; PROVIDING
WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
X. RESOLUTIONS:
a. (Staff Report on Page 115, Resolution on Page 117) RESOLUTION 21, 2013 --
NEIGHBORHOOD IMPROVEMENT ASSESSMENT PROGRAM. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA ESTABLISHING CITYWIDE POLICIES AND
PROCEDURES TO IMPLEMENT THE NEIGHBORHOOD IMPROVEMENT
ASSESSMENT PROGRAM (NIAP) FOR THE CONSTRUCTION OF PAVING
AND DRAINAGE, AND WATER AND SANITARY SEWER IMPROVEMENTS;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XII. CITY ATTORNEY REPORT:
XIII. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
Subject/Agenda Item:
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: March 7, 2013
Petition No.: PLAT-12-03-000040
Resolution 14, 2013
PLAT-12-03-000040: Approving the Mandel Jewish Community Center (JCC) I Arthur L
Meyer Jewish Academy Planned Unit Development (PUD)·Piat.
[ X 1 Recommendation to APPROVE
[ 1 Recommendation to DENY
Approved By:
Originating Dept.:
Planning & Zoning:
Project Manager
~~~~~~~-4 ] Quasi-Judicial
J Legislative
J Public Hearing
·Advertised:
[ ] Required
[X] Not Required
Date: N/A
Paper: N/A
/Affected parties:
[ ] Notified
[X] Not Required
Finance:
Accou/t t
1\
Sarah Varga
Fees Paid: Yes
Funding Source:
[ ] Operating
[X] Other__;_N=/A...:........_
Council Action:
] Approved
] Approved w/ Conditions
] Denied
] Continued to: __
Budget Acct.#: Attachments:
N/A • Development Application
• Resolution 14, 2013 with
Contract/Agreement: Exhibits
Effective Date:
N/A
Expiration Date:
N/A
Meeting Date: March 7, 2013
Petition No. PLAT-12-03-000040
Resolution 14, 2013
Page 2 of2
BACKGROUND: On June 7, 2012, the City Council adopted Resolution 37, 2012,
which approved the Mandel Jewish Community Center (JCC) I Arthur I. Meyer Jewish
Academy Planned Unit Development (PUD) to construct a 54,403-square-foot
community center and a Major Conditional Use to allow a 500-student private school
and 192-student daycare on an approximately 13.6-acre site. The JCC I Arthur I. Meyer
Jewish Academy PUD is located at the northeast corner of Hood Road and Interstate
95.
SUBJECT REQUEST: The subject request is to receive plat approval for the JCC I
Arthur I. Meyer Jewish Academy PUD. The proposed plat is consistent with the
approved site plan for the project.
TECHNICAL COMPLIANCE APPROVAL: On September 24, 2012, the City issued
Technical Compliance Approval (TCA) for the plat of the project pursuant to City Code
Section 78-446(g)2d. ·
STAFF RECOMMENDATION: Staff recommends APPROVAL of Resolution 14, 2013
as presented.
CITY OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION. PL~t-T-/:J-{).3 -t){}()!JLjlJ
··Planning and Zoning Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4243 Fax (561) 799-4281
Request:
[JPlanned Community Development (PCD)
[JPlanned Unit Development (PUD)
[JAmendment to PCD, PUD or Site Plan
[]Conditional Use
. []Amendment to the Comprehensive Plan
[JAdministrative Approval
[JAdministrative Appeal
liAnnexation
0Rezoning
[]Site Plan Review
QConcurrency Certificate
[JTime Extension
[JMiscellaneous
i I]] Other l__~oundary Plat
·----~.......1
Date Submitted:
· 8500 Jog Road
Applicant's Address: Boynton Beach, FL 33472 TelephoneNo. (551) 740-9000
Agent: Johnston Group Land Development Consultants, lni:.
Contact Person: Ryan B. Johnston E-Mail: ryan@johnstongroupinc.com
Agent's Mailing Address: 601 Heritage Drive, Suite 127, Jupiter, FL 33458
Agent's TelephooeNutnben_·___i:(5:..:::6:::.J.i);.:::;5::.:91::_~4:..::S::.:S2:.__ ___________ ....;._ ___ _
FOR OFFICE USE ONLY
PetitionNumber: --'-------
Fees Received
Application $ -
Receipt Number: _____ ..,.----'---
Date & Time Received: -------•
Engineering""----~-----
' ...:,:
Architect:
--~-------------------------------------------------------
Engineer: N/A
--~-------------------------------------------------------
Planner: ~~-------------------------------------------------------
Landscape Architect:
~~-----------------------------------------------
Site Information: Note: Petitioner shall submit electronic digital files of
approved projects. See attachment for details.
General Location: East side of north of Hood Road
----------~-----------------------------------------
Address: N/A --~-------------------------------------------------------
Section: 35 Township: 41 Range: ------------------~---------42
Acreage: 13.60 Current Zoning: --~~-------RequestedZoning: __ N_/A ________ _
Flood Zone __ ----'N...!./_..A _____ Base Flood Elevation (BFE) -to be indicated on sit.e plan __ _
Current Comprehensive Plan Land Use Designation: MXD
--~==-------------------------
Existing Land Use: vacant, partially wooded Requested Land Use: -'-'N/'-A _____________ _
Proposed Use(s) i.e. hotel,singlefamily residence,etc.: N/A _;_;t_;__:__ __ __
Proposed Square FootagebyUse:· -
--~---------------------------------------
ProposedNumberandType of Dwelling Unit{s) i.e. single family, multifamily, etc. (if applicable):
..
Justification
Information concerning all requests (attach additional sheets if needed.)
{Section 78-46, Application Procedures, Land Development Regulations.}
l. Explain the nature of the request: This request is for boundary plat approval consistent with the currently
pending PUD master plan application.
2. What will be the impact of the proposed change on the surrounding area?
None.
3. Describe how the rezoning request complies with the City's Vision Plan and the following elements
of the City's Comprehensive Plan-Future Land Use, Transportation, Housing, Infrastructure,
Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination
and Capital Improvement.
3
4. How does the proposed project comply with City requirements for preservation of natural
resources and native vegetation (Section 78-301, Land Development Regulations)?
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter
78-261, Land Development Regulations)?
N/A
6. Has project received concurrency certification?
Date Received:! J!
-~-----~~-
Legal Descriptio not the Subject Property
(Attach additional sheets if needed)
Or see attached deed for legal description.
See survey enclosed with this submittal.
Location
The subject property is located approximately 1/8 mile(s) from theintersectionof Hood Road
___ a_n_d _ln_te_rs_ta_te_9_5 ____ , on thej I north,@ east,OsouthOwest side of Interstate 95
(street/road).
--------~--------
4
StatementofOwnershipand Designationof AuthorizedAgmt
Before me, the undersigned authority, personally appeared Victor Balestra
who, being by me first duly sworn, on oath deposed and says: -----------------------
1. That he/she is the fee simple title owner of the property described in the attached
Legal Description.
2. That he/she is requesting boundary plat approval in the
City of Palm Beach Gardens, Florida.
3. That he/she has appointed ----~R~va~n~B~·~Jo~h~n~st~on~_t~J~o~hn~s~to~n~G~r~ou~p~ _________ roact
as authorized agent on his/her behalf to accomplish the above project
95 Hood, llC
Victor Balestra, Principal
By: Name/Title
Street Address City, State, Zip Code
P. 0. Box City, State, Zip Code
(305) 854-5209 (305) 704-8910
TelephoneNumber Fax Number
victor@hbcapitalpartners.com '
E-mail Address -~~ r-
. lie
My Commission expires:
5
~J!J(] .
""
.,p'l.~y·~~~ Al.fCO HARAI.AMBIOES
* . . * MY COMMISSION# DO 824577
EXPIRES: October 3. 2012
Bonded 1llru Budget Nol.aiy SeMoos
Applicant's Certification
I!We affirm and certifY that I/we understand and will comply with the land development regulations of
the City of Palm Beach Gardens, Florida. I We further certifY that the statements or diagrams made on
any paper or plans submitted here with are true the best of my/our knowledge and belief. Further,
I/we understand that this application, attaclune s, and application filing fees become a part of the
official records of the City of Palm Beach Gar Florida, and are not returnable.
Applicant is:
0 Owner
D Optionee
0 Lessee
0 Agent
[KJ Contract Purchaser
Jewish Community Center of the Greater Palm Beaches, Inc.
By: Paul L Gross, President
Print Name of Applicant
8500 Jog Road
Street Address
Boynton Beach, FL 33472
City, State, Zip Code
740-9000
TelephoneNumber
(561) 740-3681
Fax Number
PGross@niagroup.com
E-Mail Address
6
1
2 RESOLUTION 14,2013
3
4
5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
6 BEACH GARDENS, FLORIDA APPROVING THE MANDEL JCC -
7 MEYER ACADEMY PLAT; PROVIDING AN EFFECTIVE DATE; AND
8 FOR OTHER PURPOSES.
9
10
11 WHEREAS, City staff has reviewed the Mandel JCC -Meyer Academy Plat; and
12
13 WHEREAS, City staff has determined that the proposed plat meets all the
14 technical requirements of the City's Land Development Regulations (LDRs) and
15 Chapter 177, Florida Statutes, and recommends approval of the plat; and
16
17 WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs;
18 and
19
20 WHEREAS, the City Council deems approval of this Resolution to be in the best
21 interests of the health, safety, and welfare of the residents and citizens of the City of
22 Palm Beach Gardens and the public at large.
23
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
26 OF PALM BEACH GARDENS, FLORIDA that:
27
28 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
29
30 SECTION 2. The Vice Mayor and City Clerk are hereby directed and authorized
31 to execute the Mylar of the Mandel JCC -Meyer Academy Plat consisting of two (2)
32 sheets prepared by Lidberg Land Surveying, Inc., attached hereto as Exhibit "A."
33
34 SECTION 3. This Resolution shall become effective immediately upon adoption.
35
36
37 (The remainder of this page intentionally left blank)
38
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Resolution 14, 2013
PASSED AND ADOPTED this __ day of ________ , 2013.
CITY OF PALM BEACH GARDENS, FLORIDA
BY: -------------------------------Robert G. Premuroso, Vice Mayor
ATTEST:
BY: -----------------Patricia Snider, CMC, City Clerk
APPROVEDASTOFORMAND
LEGAL SUFFICIENCY
BY: --------------------R. Max Lohman, City Attorney
VOTE:
VICE MAYOR PREMUROSO
COUNCILMEMBER TINSLEY
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
AYE NAY ABSENT
G:\attorney_share\RESOLUTIONS\2013\Resolution 14 2013-Mandel JCC -Meyer Academy Plat.docx
Page 2 of 2
Resolution 14, 2013
EXHIBIT "A"
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PLAT POSITION AND ORIENTATION
·COORDINATE SlSTEIII NATIONAL GEODETIC SURVEY! SU.TE PLANE TR.lNSVERSE
WERCUORPROJECTION
•ZONEtFLORIDAEAST
• IIORIZONTAL OUUiill NORTII AIIERICAN D.UUII Of 198), 1990 AOJUSHIENTINA083/901
•BEARINCSSH01NHEREON.lRESTATEPLANEBEARINGSIGRIOIAN0AREREFERENCEO TO
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TOINSHIP ~1 SOUTH, RANCE ~2 EAST
• OISUNCESSHOINHEREONARECROUNOOISTANCES. UNLESSOTKERWISENOT£0,
•LINEARUNITS:u.S.SURYEYFOOT
•SCALEFACTORI1.~02lT
•CROUNOOISTANCEXSCALEFACTOR•GRIOOISTANCE
MANDEL JCC MEYER ACADEMY
A PARCEL OF LAND SITUATE IN SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST,
CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA
JANUARY 2013 SHEET 2 OF 2
ABBREVIATION:
0.8. •OEEDBIXII
ELEV. •ELEVATIC»>
f.O.O.T =HORIDAOEPARTIE.NTOF TRAN~ORTAT(CH
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TOWNSHIP 4TSOUTH,RANGE 42 EAST
S00"49'0i"W
soo• 49'09"W 1022.a1·
S00"49'09"W845.74'
TRACT"A"
(DEVELOPMENT TRACT)
NOO' 49'43"E 623.32'
LEGEND:
S01"15'43"W 176.00'
TRACT"B"
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DESCRIPJ'IO)l SQUARE FEET ACRFJ;
TRACT"A• 53'3.615 12.392
TRACT •a• 52.~25 1.204
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TUTAI. 592.240 13.596 Slt:ET 2 or 2
Subject/Agenda Item:
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: March 7, 2013
Petition No.: PLAT-12-03-000039
Resolution 15, 2013
PLAT-12-03-000039: Approving the Parcel 31.04 PCD I Cimarron Cove Plat Planned
Community Development (PCD) Plat.
[X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.:
Planning & Zoning:
Project Manager
Direct r of Planning &
Zo n Q;
Finance:
Accountant
J{
Sarah Varga
Fees Paid: Yes
Council Action:
] Approved
] Approved w/ Conditions
l Denied
] Continued to: __
'---F=:=-r-=---:---:--:::--:--:--:-1 Funding Source:
Quasi -Judicial
Approved By:
] Legislative
1 Public Hearing
Advertised:
[ ] Required
[X] Not Required
Date: N/A
Paper: N/A
Affected parties:
[ ] Notified
[X] Not Required
[ ] Operating · ,
[X] Other N/ A
Budget Acct.#: Attachments:
N/A • Development Application
• Resolution 15, 2013 with
Contract/Agreement: Exhibits
Effective Date:
N/A
Expiration Date:
N/A
-------------------------------------
Meeting Date: March 7, 2013
Petition No. PLAT-12-03-000039
Resolution 15, 2013
Page 2 of 2
BACKGROUND: On February 2, 2012, the City Council adopted Resolution 17, 2012,
which approved the Parcel 31.04 Mixed-Use Planned Community Development (PCD) to
allow for a revised development program consisting of 15,000 square feet of restaurant,
60,000 square feet of professional office, 35,000 square feet of commercial, 60,000 square
feet of medical office, 10,000 square feet of bank with drive-through, 15,000 square feet of
drugstore with drive-through, 20,000 square feet of health club, and 341 multi-family units.
The Parcel 31.04 PCD is generally bounded by Interstate 95 and Central Boulevard to the
west, Victoria Falls Boulevard to the north, Elm Avenue to the east, and Paloma Planned
Unit Development (PUD) to the south.
On May 15, 2008, the City Council approved the boundary plat for the project via the
adoption of Resolution 36, 2008. The boundary plat was consistent with the previously
approved development order for the project.
SUBJECT REQUEST: The subject request is to receive plat approval for the Parcel 31.04
PCD. Since the master plan was amended in February 2012, the Applicant is requesting
approval of a re-plat of the property to be consistent with the recently adopted master plan.
TECHNICAL COMPLIANCE APPROVAL: On February 14, 2013, the City issued
Technical Compliance Approval (TCA) for the plat of the project pursuant to City Code
Section 78-446(g)2d.
STAFF RECOMMENDATION: Staff recommends APPROVAL of Resolution 15, 2013 as
presented.
CITY OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4243 Fax (561) 799-4281
Request:
!Planned Community Development (PCD)
["':Planned Unit Development (PUD)
!Amendment to PCD, PUD or Site Plan
!Conditional Use
I Amendment to the Comprehensive Plan
!Administrative Approval
!Administrative Appeal
Project Name: Cimarron Cove Re-Piat No.1
Owner: Cimarron Cove, LLC and Hawkeye Central, LLC
!Annexation
I" Rezoning
!Site Plan Review
["Concurrency Certificate
! Time Extension
!Miscellaneous
[X Other I_ B~un~ary Plat _
Date Submitted:
Applicant (if not Owner): Cimarron Cove, LLC
----------~------------------------------------
7900 Glades Road, Suite 600
Applicant's Address: Boca Raton, FL 33434 TelephoneNo. {561) 613-4020
Agent: Johnston Group Land Development Consultants, Inc.
Contact Person: ___;R:..:..t.y-=an"-'J-=o-'-"hn-=s-=to-'-'-n ____________ _ E-Mail: ryan@johnstongroupinc.com
Agent's Mailing Address: 601 Heritage Drive, Suite 127, Jupiter, FL 33458
Agent's TelephoneNumber: {561) 691-4552
~___;~----------------------------------------
FOR OFFICE USE ONLY
Petition Number: ______ _ Date & Time Received: ______ _
Fees Received
Application $ Engineering$ ___________ _
Receipt Number: ________ _
Architect: N/A --~---------------------------------------------------------
Engineer: --~---------------------------------------------------------
Planner: N/A
--~----------------------------------------------------------
LandscapeArchitect: N A
--~~-----------------------------------------------
Site Information: Note: Petitioner shall submit electronic digital files of
approved projects. See attachment for details.
General Location: Southeast corner of Central Boulevard and Victoria Falls Boulevard
Address:
--~----------------------------------------------------------
Section: 35 Township: 41 Range:
----~~----------~~--------42
52-42-41-35-11-001-0010; 52-42-41-35-11-002-0010; 52-42-41-35-11-003-0010;
PropertyControl Number(s): 52-42-41-35-11-018-0040: 52-42-41-35-11-019-0010:52-42-41-35-11-025-0010
52-42-41-35-11-001-0020; 52-42-41-35-11-001-0030; 52-42-41-35-11-002-0020; 52-42-41-35-11-003-0030;
52-42-41-35-11-012-0000; 52-42-41-35-11-018-0010; 52-42-41-35-11-019-0020; 52-42-41-35-11-025-0020
Acreage: 50.58 CurrentZoning: N/A RequestedZoning: N/A ----~~---------=-~------
Flood Zone __ """'N'-"/~A'---__ Base Flood Elevation (BFE) -to be.indicated on site plan N/A
Current Comprehensive Plan Land Use Designation: N/A
--~~--------------------------
Existing Land Use: N/A Requested Land Use: N/A ----~~--------------~~-------------
Proposed Use(s) i.e. hotel, single family residence, etc.: N/A _..;...:.!..'-:..__ __ _
Proposed Square Footageby Use: N/A --~;__ ____________________________________ ___
ProposedNumberandType of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable):
2
Justification
Information concerning all requests (attach additional sheets if needed.)
{Section 78-46, Application Procedures, Land Development Regulations.}
1. Explain the nature of the request: This petition is for a boundary re-plat of the subject property
consistent with the revised master plan approved by Resolution 17, 2012.
2. What will be the impact of the proposed change on the surrounding area?
3. Describe how the rezoning request complies with the City's Vision Plan and the following elements
of the City's Comprehensive Plan -Future Land Use, Transportation, Housing, Infrastructure,
Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination
and Capital Improvement
3
4. How does the proposed project comply with City requirements for preservation of natural
resources and native vegetation (Section 78-301, Land Development Regulations)?
N/A
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter
78-261, Land Development Regulations)?
6. Has project received concurrency certification?
N/A
Date Received:
Legal Description of the Subject Property
(Attach additional sheets if needed)
Or see attached deed for legal description.
See enclosed survey.
Location
The subject property is located approximately o mile(s) from theintersectionof central Boulevard
------------' on thel I north,Q east,0south0west side of Victoria Falls
Boulevard (street/road). -----~~~~---------------
4
StatementofOwnershipand Designationof AuthorizedAgmt
Before me, the undersigned authority, personally appeared Ronnie Pertnoy
who, being by me first duly sworn, on oath deposed and says: ------------------------
1. That he/she is the fee simple title owner of the property described in the attached
Legal Description.
2. That he/she is requesting boundary plat approval in the
City of Palm Beach Gardens, Florida.
3. That he/she has appointed Johnston Johnston act
as authorized agent on his/her behalf to accomplish the above project.
·Ronnie Pertnoy, Manager
By: Name/Title
West Palm Beach, FL 33407
Street Address City, State, Zip Code
P. 0. Box City, State, Zip Code
793-2003 790-3091
TelephoneNumber Fax Number
E-mail Address
Sworn and subscribed before me this ____ day of----------' ____ _
Notary Public
My Commission expires:
5
Applicant's Certification
I/We affirm and certify that I/we understand and will comply with the land development regulations of
the City of Palm Beach Gardens, Florida. I We further certify that the statements or diagrams made on
any paper or plans submitted here with are true to the best of my/our knowledge and belief. Further,
1/we understand that this application, attachments, and application filing fees become a part of the
official records of the City of Palm Beach Garde , Florida, and are not returnable.
Applicant is:
r-• Owner
I Optionee
[".Lessee
fX Agent
I Contract Purchaser
Ryan Johnston
Print Name of Applicant
Johnston Group Land Development Consultants, Inc.
601 Heritage Drive, Suite 127
Street Address
Jupiter, FL 33458
City, State, Zip Code
(561) 691-4552
TelephoneNumber
(561) 691-4553
Fax Number
ryan@johnstongroupinc.com
E-Mail Address
6
1
2 RESOLUTION 15, 2013
3
4
5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
6 BEACH GARDENS, FLORIDA APPROVING THE CIMARRON COVE
7 RE-PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
8 PURPOSES.
9
10
11 WHEREAS, the City staff has reviewed the Cimarron Cove Re-Piat; and
12
13 WHEREAS, City staff has determined that the proposed re-plat meets all the
14 technical requirements of the City's Land Development Regulations (LDRs) and
15 Chapter 177, Florida Statutes, and recommends approval of the plat; and
16
17 WHEREAS, the re-plat is consistent with the City's Comprehensive Plan and
18 LDRs; and
19
20 WHEREAS, the City Council deems approval of this Resolution to be in the best
21 interests of the health, safety, and welfare of the residents and citizens of the City of
22 Palm Beach Gardens and the public at large.
23
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
26 OF PALM BEACH GARDENS, FLORIDA that:
27
28 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
29
30 SECTION 2. The Vice Mayor and City Clerk are hereby directed and authorized
31 to execute the Mylar of the Cimarron Cove Re-Piat No.1 consisting of five (5) sheets
32 prepared by Caulfield and Wheeler, Inc., attached hereto as Exhibit "A."
33
34 SECTION 3. This Resolution shall become effective immediately upon adoption.
35
36
37 (The remainder of this page intentionally left blank)
38
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Resolution 15, 2013
PASSED AND ADOPTED this __ day of ________ , 2013.
CITY OF PALM BEACH GARDENS, FLORIDA
BY: ------------------------------Robert G. Premuroso, Vice Mayor
ATTEST:
BY: -------------------------Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: -------------------------R. Max Lohman, City Attorney
VOTE:
VICE MAYOR PREMUROSO
COUNCILMEMBER TINSLEY
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
AYE NAY ABSENT
G:\attorney_share\RESOLUTIONS\2013\Resolution 15 2013 -Cimarron Cove Re-Piat.docx
Page 2 of 2
Resolution 15, 2013
EXHIBIT "A"
CIMARRON COVE RE-PLAT NO. 1
BEING A REPLAT OF CIMARRON COVE, L£SS AND EXCEPT TRACT Z.
AS RECORDEID IN PLAT BOOK 111, PAGES 102 THROUGH 106, OF THE PUBUC RECORDS OF PAL.t.l BEACH COUNTY, FlORIDA,
LYING IN SECTIONS 35 AND 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, CITY OF PAL.t.l BEACH GARDENS, PAL.t.l BEACH COUNTY, FlORIDA
SAIDLANDSSIT\JATEINSECllONSJ5ANDJe,lOWHSHIP41SOUTH,RANGE4ZEAST,CITYOFPAUIBC:ACH
GARDENS,Pot.UIBEACHCOUNTY,FLORDA.
CONTAJNlNC2,0111J.IIIISOUAREflLTOR4l,SDZACIIESWORt0RU:SS.
~USED 1KE SAME TO BE SURVEYED AND PUITTED, AS SHtllllt<l HER£ON, o1.Nt1 00 HEREBY D£lliCAT[ AS
1. PARCEL A. AS SHOWN HOI[QN, IS t£R!:BY RESERVED BY H.AWKE'JE COilRAL., LLC, A FLORIDA UMITUI
UABIUTY COMPANY, ll's SUCCESSORS AND OR ASSIGNS. FOR OEVEl.OPMENT PIJRPOSES, AND IS THE
PEIIPETVA.L MAINTENANCE RESPONSIB!UTY OF SAID HAWK£YE CENTl'IAL UC, A R.ORIDA Ul.UTED UABIUTY
COMPAHY,IT'SSUCCE5SORSANOORASSIQIS,WITHOUTRECOURSEltl1KEClTYOf"PALY!IEACMCARDENS.
2. PARC£1.. B. AS SHOWN HEREON. IS HEREBY RESERYED BY QI4ARRON CO'o£. UC. A FLORI).I. UWITEO
UABIUTY COMPANY, 11'5 SUCCESSORS AND OR ASSGNS, fCR OCVEl.tlPMENT P\IRI>OS£5, AND IS Tkt PfRPETUAl
MAINTENANCE IIESPONSIBWTY OF SAID QWARRON COVE, UC, A FlClRIDA UYITED UABUTY cow>ANY, IT'S
SUCCESSORS AND OR ASSONS. W!lTHOUT R(C()URS£ TO lHE QTY Of PAI..IoiSEI.Ql CARDENS.
J. lRACTS l-1, l-2 AND L-J. THE WAlER MANAGEMENT 1RACT5, AS SHOWN HEREON.
OEOICATEDTOTHECIIU.RRONCOVEIIIASTERASSOCIAllON,INC •• AFLORIDACORPORATlON.
n'S 5UCCES50RS AND 011 ASSIGNS, FOR WillER IAANA!OEMENT PURPQSfS, AND SHAll BE
M"'NTENANCE R£SPON518tl..JTY OF SAID ASSOCIAliCN, 11"$ SUCCESSORS AND OR o>.SSIGNS,
~~~~?BEACH COUHTYiloiPROVDlEHTOISTRICTAHD WITHOUTRECCIURSE
Z. 'TRACts C-1. C-2. AND C-~. lHE CONSERVATION 'TRACTS. AS SHOWN KEREON. ARE HEREBY OEDICAlED
TOTI£CIMARRONCOVEMASTERASSOCIAT10N,INC.,Afl.ORIDACORPORAT10N,NOTfORPRQ'lT,IT'S
SUCCESSORS AND OR ASSIGNS, FOR COMMON AREA CONSERVAT10N PURPOSES, AND SHAll. BE THE PERPElUAL
MAINTENANCE RESPONSIBIUTY OF SAID ASSOOATION. IT'S SUCCESSORS AND OR ASSIGNS. WITHOUT RECOURS£
~~;~A'r :r~¥:. ~~Tc~~~WJ~=~~~~A~~!c~~~TER~
WITHINTHECONSERVATIONAREASIHa..uDEBUTARENDTUWITEDTOTHECOHSTRUCllONORPI.ACIHGOF
6I.IILDINOSONORABOVETHEGROUNO,DUWPINGORPI.ACINGSOILOROTHERSU'BSTANCfSSUCHASlliASH,
REMOVAl OR OES'TRIJCJION OF 'TREES, SHRU8S OR OTHER VEGETATION IIIlTH THE Ellc:EPT10N OF EXOTIC
NUISANCE YEOETATION REMOVAL ANY OTHER ACTI~TI£5 OE'TRlMENTAL TO DRAINAGE. fLOOD CONTROL OR nSH
ANOWilOUf'[HABITATCONSEAVATIONORPREStRVATION.
~ 1RACT Y-1, AS SHO'IoW HEREON, ISHD!EBYRESEAVED I"'R STAT[ ROAD RIGHT-OF-WAY PURPOSES, AND
IS THE MAINTENANCE RESPONSIBIUTY or THE QNARRON COVE NAS'IER ASSOCIATION, INC., A FLORIDA
~~~~OT F'OR PROFlT, IT'S SUCCESSORS AND 011 ASSIGNS MTHOUTRECOURSE TO THE CITY OF PALiol
II. 'TRACT Y-2. AS SHOM<I HEREON, IS HEREBY RESEI!VED FllR COUNTY ROAD RIGHT-OF-WAY PURPClS£S,
ANO 15 TI-lE loiAINTENANCE RESPONStBIUTY or THE QNARRON COVE NASTER ASSOCIATION, INC., A P'LORIIA
CORPORATION, NOTFtlR Pfltx"'T, IT's SUCCESSORS AND OR ASSIGNS 11\THOUTRECOURSE TO THE CITY OF PAL.N
BEACH GARDENS.
1. 1RACT R, AS SHOWN HEREON, IS HEREBY OEOICAlEO TO THE CINARRON COVE WASTER ASS0t:IAT10N, INC.,
A R.ORIOA CORPORATION, NOT F"OR PRtx'lT. IT'S SUCCESSORS AND OR ASSIGNS. FOR ROADWAY, DRAINAGE.
WATER AND SEWER 0151RIBUT10N, LANDSCAPE AND OPEN SPACE PI.IRP05ES, AND SHAlL BE THE PERPElUAL
loiAINTENAHt:£ RESPONSIBIUlY OF SAID ASSOOATION, IT'S SUCCESSORS AN0 OR ASSIGNS, WITHOUT RECOURS£
l01l£CITYOFPAL.NBU.c:HGAI!tlDIS.
II. 'TRACTS R-1, R-2. R-J AND R-4. AS SHOWN HEREON, ARE HEREBY RESERVEll F"OR PRIVATE ACCESS
PURPOSES. AND ARE THE PDIPET\IAL MAINTENANCE RESPONSIBIUTY OF" THE CIMARRON COVE MASTER
ASSOCIATION,INC.,AP'\.ORIDAC0RPORA110N,N0TfORPRQ'lT,IT'SSUCCESSORSANOORASSIONS,WITHOUT
RECOURSETOTHECIT'I"OF"PALioiBEACHGAROENS.
"f..OTICE" lHISP\.AT, ASRECORDroiN ITS GRAPHIC F"ORW.IS n£0f11DALDEPICT10N OF
THE SU8DIVIOEO LAHOS DESCRIBED KERDH AND 'MU. IN NO CI¢WSTANCES BE SUPPLANlED IN
AUTliORITY BY NlY OlHER CAAPHIC OR Oll;trAL f"OAM OF THE P\.AT. "DIERE WAY at ADOiliONAl.
RES1RICTIONS THAT ARE NOT RtCOROEO ON lHIS PLAT THAT NAY Bt rtlUNtiiN THE PU8UC ntiS INSTRUMENT PREPARED BY
DAVID P. UNDLEY RECOIIOSOFPAL.MBEACHCOUNTY.
DEDICATION AND RESERVATIONS OONTINUEID:
IH WITNESS 'I'MEREOF', CIILARRON COVE. UC, A FLORDA LJl,lllED UABUTY COWPAN'I', HAS CAUSED
THESE PRESENTS Ttl BE SICNEO BY ITS:~AGER, THIS---0"""
'MTNESS.:--..=====-PRINTJ<IAWE
Aa<N0\1\.EDGIIENT:
STATEOFFlORilA)
CotJNTYOF____J
llMAR!!ONCOYE.U.C.
AFLORIDALAIITEOUABilJTYCOW'ANY
.E'I'EII'Yilii'OSENIRJIG
~!tANAGER
BUllRE ME PERSONALLY APPEARED ..EfFERY ll ROSENBERC, WHO IS PERSONAU.Y KNOWN Ttl ME.
OR HAS PRODUCED AS IOENTIF1CA110N, AND WHO E~ECUTEO
THE FOREGOINC INS'TRUWENT liS ~!tANAGER Of CIMARRON COVE, UC, A R.ORID.O. UMilED UIIBIUTY
COMPANY AND S£'¥£AALLY ACKNOWI..EDCED TO AND BEFORE ME THAT HE EXECUTEO SUCH
IHSTRUWENT AS SUCH MANAGER OF SAID COMPANY, AND THAT THE SEAL AmKED TO "THE
FOREGOING IHSTRIAI(NT IS THE SEAL OF S.O.IO COMPANY AND THAT IT WAS AmKE:D lO S.W
~;~worroc:i :Vff,;:;:;:: COWPANY AUTHOIIfTY, AND THAT SAID IHS'TRUioiDIT IS THE FREE
WllNESSNYHANOANDOFFlCIAlSEALTHIS __ O._,.,. _____ _
COWliSSION NUiolBER: ____ ;;;;....-...,------
IN MlNESS WHEREOF, H.O.WKm COHRAL., UC, .0. P'LOIIIOA UMITED UA.BIUTY COWPIINY, HAS
CAUSEDTHESEPIIESENTSTDBESICNEDBYITSWANACER,THIS __ DAYOF ---""
Aa<NOIII.EDGIIENT:
STATE OF FlORIDA)
C(UilYOF_____J
HAWKmCEHlRALUC
A FlORIDA U.OTEO UABUTY COMPANY
ROHNIEPERTNOY
""""" = ~=YA::~oo::N:A::OY,
=~~:...~ INS'TRUioiDH BY 0UE AN0 KEQU.R CCIFANY AIJTHtRITY, AND THAT SAl)
ACT .AND DEED OF SAID COWPNIY.
WITN£5SioiYHANtl ANO OFTlCIALSEAL THIS __ QAYQF' _____ _
COI!IIoiSSIONMJIIBER: ____ ;;;;;;rr...,------
Of'
CAULFIELD and WHEELER. INC.
SURVEYORS -ENGINEERS -PLANNERS
7301-A YIEST PALMETTO PARK ROAD. SUITE 100A
BOCA RATON. FlORIDA JJ43J -(581)392-1991
MARCH -2012
NORTHERN PAIJ.t BEACH COUNTY
IMPRO'f91ENT OIS1RICT ACCEPTANCE
STATEOI'FlORDA;
CotJHTYOF"PAL.NWCH;
THt NORTHERN PAlJ,I BEACH COUHTY IW'IIOYOIENT DISlRICT HtRE&Y ACCEPTS THE WATtR
IIIAHAGElt!ENT EAS£14ENTS WATER MANAC£MENT ACCESS E.ASOtENT5 AND THE WATER
WANACDlENT MAINTENANCE EASEWINTS .O.S SHDMI tlEREON, AND HEREBY ACKNDI'IUDCES
THAT S.O.IO OISTIIICT HAS NO IMINTENANCE OGUOATIONS ON OR UNDER THE lANDS OVER
WHICH S.O.ID EASEMENTS UE. AND F"URTHEll ACKNO'M.EDOES THAT NORTHEIIN'S E)(ISllNG
DRUIAGE EASaiENTS. AS RECORDED IN OFFlCIAL RECORD BOOK 2914 AT PACE 666 AND
OfflCIAL RECORD 11001( 21ll4 AT PACE 070 Of TliE PUBUC RECOIIOS Of PAI..N BEACH
COUHTY,n.DfliDAARESHCI'ti!NHEREON.
NORTW£RN PAUl BEACH ~TY lliiPliO'otWDIT DISTRICT liNT OF D£VELOPIIENT NO. 2
OATEO"IliiS---OAYDP'----20><
BY: __ _
RONALDM.ASH,PRESIOENT
aDARO OF" SI.FERVISORS
MASTER ASSOCIATION ACCEPTANCE:
STATEOFf\.OIIIDA)
COUNTY Of PAI..N BEACH)
THE ClldARRON COVE MASTER ASSOOATION, INC., A fl.ORIDA CORPORATION NOT FOR
PROflT, HEREBY ACCEPTS THE OEDICAllONS AND RESERVATlONS 11) SAID ASSOCIAnoN AS
STAlED AND SHOP! HEREON, AND HERtBY ACCEPts ITS NAINttHANCE 06UOATIONS FOR
SAW! AS STAlED KEIIEDH. DATED THIS---DAY OF ________ ,., .
""""'"-""'"'"...,..-"' ___ _
WllfiESS:;:;;,;;;;.,'C,.;;;;.,;-----
ACI<N0\1\.EDGIIENT:
STATEOFR..OIIIOA)
CDUNTYOfPALioiBEACH)
CIMARRON COVE
WASTER ASSOCIAnON, INC.
AF\.ORIDACORPORATIDN
NOTF"ORPIIOFIT
BEl'ORENEPEASDHALLYAPP(AIIEO AND
;;;.""""""';;;;;;;;;;:;.,c;"""""'~;;-:,;..:;·~.::;:~~~~=1~~~~t
A FLORIDA CORPORA 110N NOT Fl)R PIIOFIT, AND SE'IEJU.U. Y ACIQ.Iowu:DCED T1J AND BtF0RE loiE
THAT THEY EXECUlED SUCH lo!SlRUWEHT AS SlJCI..I omcERS OF" SAID ASSOOATION, AND THAT
THE.S£ALArnla::tllOTHE.rORECOIN-CINSTRUWENTISTHECORPORATF.:SEAl()f"SAID
ASSOCIAT10N AND THAT IT WAS AFFl~ED TO SAID INSTRUWENT BY DUE AND REGULAR CORPORATE
AUTHORITY,ANOTHATSAIDINS'IRUWENTISTHEI'IIEEACTANOOEtOOIF'SAIOCCWIPORATION.
~~NY~ AND omciAL SEAL ntS --0.""' ------
lolYCONioiiSSIONEXPIRES:
TITL£ CERTIF1CATION:
STATEOfflORII)4)
COUNTY OF PAI..N BEACH)
I, A DULYUCENstO ATICRNEYIN TH[ STAT[ Of flORIDA. DO HEREBY
CERT1n'TH.ATIHAVEDIAlotNEOTHE11Tl.ETO"IliEHEREONDESCRIBrnPRDPERTY;THATIF1ND
lliE TITlE lO THE PROPEIITYIS VESlEDHCIM.t.RRON COVE, U..C. A F1.DI!IDA LAIITED UABU.JTY
COioiPANY AND HAWKEYE COilRAL. U.C, A Fl.DRIDA UlolrTED UABUTY COioiPANY; THAT THE
CUlRENTlAXE5HAVEBEEHPAO:THATARENOMORTCActSOFRECORO:ANDTHATlHERE
ARE [N(I.N8RANCQ 01" l!t:CORD IIUT THOS£ OIOJIII8RANttS 00 NOT l'fitltWIT THE CRU\ T1DN
OFTHtSU6DI'otSIONDEPICTEDBY1HISPU.T.
~ """"'"'---
1]\
NORTH
KEY MAP
STArt CF" fLORIDA
COU<ITY OF PALM B£Aaf
THIS PlAT WAS F1LEO F"DR """"'AT ___ Y.
lHIS_DAYOF __
A.D. 201_ AND OU.Y RECORDED
IH PLAT IIOOIC ---ON . ..., __ ..., __
SHARON R. BOCk
a..ERK ANI> COioF'lROU.ER
~!J J>f n!:_p.t BEAQi GARDENS APPROVAL OF PLAT:
COUNTYOFPALioiBEACH
THISPI.ATISHERE&Y.t.PPIWYEOFORRECORO,THS __ DAYOF" _______ 2012.
ROBERTC..I'REIWRD$0
~CE WAYOR
ATTEST:"""'~""'""'"'""""""·""'""'CITYQ..ERK
THIS PlAT IS HEREBY APPROVED W,Z.RECORO. THS --DAY OF"
ACI<N0\1\.EDGt.IENT:
STAlEOF"f\.ORIOA
COUNTYOfPAUIBEACH
BtFORE ME PERSONALLY ot.PPEARED DA'>ID J. LEVY AND PA'TRI~IA $HitlER, WHO ARE
PERSONAUYKNOWNTOWEANDWHOEXECUTEDTHEFOREGOINGINSTRUMENTASMA~ANO
CITY ClERK Of THE CITY 01" PALiol BEACH GARDENS. A Fl.DRIDA POUTICAL SUBDI'IISION OF
1HE STAlE OF fl.ORDA, AND SEVERALLY ACKNCI'oii..EDC£D TO AND BUORE loiE THAT THO
EXECUTEOSUCHINS'TRUU(NTASSI.ICHOFfiCEJISOf"SAI{ICITY. THES£ALAfflxt0lOSAIO
INS"TRUioiDoiT IS lliE SU.l Of S.O.IO CITY AND lliAT IT WI<S Afl'U(to BY DUE AND REQJLAR
CITYAUTHORITY.ANDTHATSAtiiiNSlRUMENTISTHEFREEACTANODEEOOfSAIDCITY.
WITNESS MYHAND AND II'1'\CIALSEAL THIS __ OAYOI' ----ZDIZ.
MY COUII.ISSION EXPRES; __ _
CERTIF1CA TE OF RE'IlEW BY CITY'S SURVEYOR:
THISPI.ATHAS BaNRE'oiE'IiED FORCONF"CJR"WTYIN ACCORDANCE WITH CMAPTEIIIn.OIII(1)
Of THE F1.llRIIlA STAT\ITES AND THEOROINANCES OFTHEarrOFPALiol BEACH CARDENS.
THIS RE'oiEW DOES NOT IHCWO£ 1H( VERFICAllDN IF G(Oiol(lRIC DATA OR THE FIElD
VERFICATIONOFMDNUMENTSATLOTCORNERS.
~fW'~~~ AND Not.PPEA
CEAllflCATF.:NO. __ _
SURVEYOR'S CERTIF1CATE:
THISISTOCERTIFYTHATTHEI"'.ATSHIJ'MoiKEREONISAlRUEANDCOIIRECTREPR£SDITAT10N
Of A SU1!VEY MADE UHDER loiY RE5POHS8l£ OIRECTION .O.ND SUP£R~SION; THAT SAIO SURVEY IS
ACCURATE TO THE BEST OF MY KNOWI.£DGE AND BElJEF; THAT PERMANENT RU£RENCE
MONUMENTS (P.R.N.'S) HAVE BEEN PlACED ~S REQUIRED BY LAW AND THAT loiONtlloiEN"IS
ACCOIIDINC IDSEC.177.0111(g), F.S. WILL BE SET UNDER "OlE CUARANTEES POSlEO MTH THE
CITY OF PALiol BEA.Oi GARO£HS Fll'l THE REQURED IMPROYOIENTS. AND F\IRTHER, "lliAT THE
PlAT AND SURVEY DATA COUPUES 'MTH All THE RECUIROlENTS Of CHAPTEII 177, FUlRIDA
STATUltS,ASAWENDEO.
DAW) P.LIH!lLEY
~EO I..ANDSI.RVEYQR#~5
STATE Of flORIDA
'"''"
,-----------··--------------
THIS INSTRUMENT PREPARED BY
DAVID P, UNDLEY
OF CIMARRON COVE RE-PLAT NO. 1
BDNG A REPLAT Of CIMARRON COVE, LESS AND EXCEPT TRACT Z, CAULFIELD and WHEELER. INC.
SURVEYORS -ENGNEERS -PLANNERS
7301-A WEST PAU!ETTO PARK ROAD, SUilE 100A
BOCA RATON. FLORIDA 3J.4JJ -(5S1}392-1HI
MARCH -2012
AS RECORDEO IN PLAT BOOK 111. PAGES 102 THROUGH 106, Of THE PUBUC RECORDS OF PALM BEACH COUNTY. FLORIDA,
LYING IN SECTIONS 35 AND 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA
SURVEY NOTES:
.PRW-PERioiANENTREfU!ENC[UONUWENT
4'U.CONCRElEWOHUid(NT'M'IH
AlUiollHUlollliSIC STAIU'W PRW lB 72&4
{-CDilERUHE
6 -DElTA (CENll!Al ANIU) :===rT CO-CtiOAO OIST#!Nct
""L=~~~aUGHTCO.
LAt-UWITEO o\CCESS EASDIENT
lB-UctMSED 8USIHE:SS
O.R.B. -OFflCIAI. RECt:lRD BOOK
PA!::~TRIAHACCt$$£ASDI[HT
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WME-WAlER WANAGEM[NT EA$Et.I£NT
'MU•IE-WATER WAN.t.CE:WENT UAINTENANCE EASEUENT
1. 1H l1iOSf CASES 'IHERE EASEUEHTS Of DIFFtRENT TYPES CROSS OR OniER'MSE CQNCIOE.
ORAINAC( EASOI£NTS SHAll HAVE nRST PRIORITY, UllUTY EASENENTS SHALL HAVE SECOND
PAIORITY, ACCESS EASEMEIHS SHALL HAVE lHAO PRIORITY, AND AU OlHER EASEMENTS SHALL
et:SUIIORO\HAlETPnltSEW!lH TttEIRPRIORinESIIElNOOt'I!Rt.I!NillUYUSERIGHTS!lRANttO.
2. Bliii.DING SETBACK LINES SHAll 8E AS REQIAAEO BY CURRENT CITY Of PALM BEACH GARDENS
ZOMNGREGI/UillONS.
.1 NO IIUiUliHGS OR AHY KIND 01' Cot<STRUCTION OR lREES OR SHRUBS S1W.L BE PLACED ON
AN tASOIOtT IIITHOUT PIIICIR 'IIRITl[N alNSOn Of AU. EAS04£NT UNUICIA.RICS AHD AU.
APPUCA81.£CITYAPPROVAl$0RP[R1,1)1SASA'ECIUREtlroRSVCMEHCIIOAo.t.tENTS.
4.B[AftNGSSHO\II<oltiEREONA.R£REl.AllYt:lt)ARECORtl~GOI"H.&ll'l''~.At.CNt:
THE SOUTH UNE OF CIWARRON COVE. AS RECORDEO IN PlAT BOOK 11\, PAGES 10l UIH)tJ(lH 105
OF' THE PUUUC RECORtlS OF' PAlM BEACH COUHlY.
UNES INTERStCTING CUIIVES ARE NON-RAUIAL UNLESS SHOWN OTHER'MSE.
"NOTlCE"' THIS PLAT, AS RECORDED IN 115 CllAPHC f'ORiol, IS THE OfFlCIAI.. OEPJCTIOH Of
THE SU801VIOElll.AHI)$DlSC!IIIItO HD!VN AHD MU. NNO CIRt\lltSTAHCES Elf: SliF"PlAHlEDIN
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TO'M4SHIP -'1 SOUTH
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STATE OF' n.oAIDA
COUNTY OF PALM BEACH
1HIS PlAT WAS F1LEO F'OR
R£ccml AT ---M. 1HIS-DAYOF' __
A.D. %01_ AND DUlY RECORl)[O
IH PlAT BOOK ---ON ..... __ ... __
SHARON A. BOCK
Q.ERIC AND COUPTROU..£R
l
THIS INSTRUMENT PREPARED BY
DAVID P. UNDLEY
Of"
CAULFIELD and WHEELER. INC.
SURVEYORS -ENGINEERS -PLANNERS
7301-A WEST PALMETTO PARK ROAD, SUITE 100A
BOCA RATON, FLORIDA 334JJ -(561)392-1981
MARCH -2012
UNPLA11ED
SECTION 35
TO'Mo!SHIP 41 SOUTH
RANGE42 EAST
CIMARRON COVE RE-PLAT NO. 1
BEING A REPLA T OF CIMARRON COVE, LESS AND EXCEPT TRACT Z,
AS RECORDED IN PLAT BOOK 111, PAGES 102 THROUGH 106, OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA,
LYING IN SECnONS 35 AND 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA
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RESlRICTIOh'S 11oiAT ARE NOT REt:aQD ON MS PLAT 11oiAT WAY II£ FllUND IN lHE PU8UC
AEalROSOfPAUIBEAaiCIJUNTY.
STATE CF noRIDA
COUNTY OF PALM BEACH
THIS PLAT WAS AL£0 FOR
RECORD AT ---W.
'DIIS _DAY OF--
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THIS INSTRUMENT PREPARED BY
DAVID P. UHDLEY
Of
CAUL.FlELD and \\HEELER. INC.
SURVEYORS -ENGINEERS -PLANNERS
7301-A WEST PALMETTO PARI< ROAD, SUJ'TE 100A
BOCA RATON, FLORIDA 33433-(S81)382-19SU
MARCH -2012
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BEING A REP LA T OF CIMARRON COvt, LESS AND EXCEPT TRACT Z,
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OF
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SUR:VEYORS -ENQN!ERS -i>l.ANW£RS
7301-A WEST PALȣ1'10 PARt< ROAD. 5UHE 100A
BOCA RAIIlN. fi.ORIDA l343J -(581)302-1001
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BEING A REPL.A T OF CIMARRON COVE, L£SS AND EXCEPT TRACT Z,
AS RECORDED IN PLAT BOOK 111, PAGES 102 lHROUGH 105, OF lHE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA,
L 'llNG IN SECliONS 35 AND 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS. PALM BEACH COUNTY, FLORIDA
IW'tfp .t.BO!BE)'!A'UP'i'$
STATE OF' F\.ORIDA
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"""'"'·
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: March 7, 2013
Resolution 16, 2013
Subject/Agenda Item: Select dates for the July and August regular City Council meeting.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs:$ 0 Council Action:
c~ (Total)
PatJiCiaSilideiMC
City Clerk
1 Approved
$
Current FY 1 Approved w/
R. Conditions
1 Denied
Advertised: NA Funding Source: n/a
1 Continued to:
Date: [ 1 Operating Attachments:
Paper: []Other • Resolution 16, 2013
• Resolution 90, 2010
[ x ] Not Required
-------------------------------
Submitted by: Contract/Agreement:
Department Director Effective Date:
NcMC n/a
Expiration Date:
City Clerk n/a
Affected parties Budget Acct.#:
Approved by: [ 1 Notified
~~equired
Meeting Date: March 7, 2013
Resolution 16, 2013
Page 2 of2
BACKGROUND: Resolution 90, 2010 modified the schedule for regular City Council
meetings to meet once per month on the first Thursday commencing January 2011, with
the exception of the month of July, which was established as the third Thursday of the
month to avoid conflict with the Fourth of July holiday.
At the February 7, 2013, City Council meeting under Items for Council Action/Discussion,
there was consensus to set the July and August meetings on the following dates:
Tuesday, July 16, 2013
Thursday, August 15, 2013
This will provide sufficient time to prepare agenda items, advertisements, and notices.
STAFF RECOMMENDATION: Staff recommends approval of Resolution 16, 2013 as
presented.
1 RESOLunON 90, 2010
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
4 BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF
5 REGULAR CITY COUNCIL MEETINGS; PROVIDING AN
6 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
7
8 WHEREAS, Section 18-3 of the Charter of the City of Palm Beach Gardens
9 provides that the dates of the regular meetings of the City Council shall be set by
10 Resolution or by a vote of the majority of the members of the Council; and
11
12 WHEREAS, pursuant to Resolution 50, 1999, the City Council's regularly
13 scheduled meetings have been held on the First and Third Thursdays of each month;
14 and
15
16 WHEREAS, the City Council has determined that it is in the best interests of the
17 citizens of the City to modify the schedule of regular City Council meetings such that
18 City Council meetings shall be held once per month on the first Thursday of the month
19 at 7:00P.M., with the exception of the month of July during which the subject meeting
20 will be held on the third Thursday at 7:00 P.M.; and
21
22 WHEREAS, the City Council shall. by vote. establish the two (2) required
23 September meetings to adopt the budget; and
24
25 WHEREAS, the City Council may schedule Special Meetings as necessary to
26 conduct the business of the City; and
27
28 WHEREAS, the City Council deems approval of this Resolution to be in the best
29 interests of the health, safety, and wetfare of the residents and citizens of the City of
30 Palm Beach Gardens and the public at large.
31
32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
33 OF PALM BEACH GARDENS, FLORIDA that:
34
35 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
36
37 SECTION 2. The Regular Meetings of the City Council of the City of Palm Beach
38 Gardens, Florida shall convene at 7:00 P.M. on the First Thursday of each month
39 commencing January 1. 2011. with the exception of the month of July during which the
40 subject meeting shall convene at 7:00 P.M. on the Third Thursday of the month. The
41 dates of the two (2) required September meetings, necessary to adopt the City's annual
42 budget, shall be established by vote of the City Council.
43
44 SECTION 3. This Resolution shall become effective immediately upon adoption.
45
Page 1 of2
Resolution 90,2010
1
2
3
:;:;::;
PASSED AND ADOPTED this /8'-day of_..:..).J~IV....;~;........:;:B;.Kjhr\L..,;,.. __ , 2010.
4
5
6
7 8 ~~-· .
-• ;S ---~~-~-c .' . / .,.-_
~n.._,. ·A·-~·/ --1\7. "'\ I · ~ '\
."o I • j '· /"~//" --/ -·, tj·• . '//~::?:-:-';~ ~~--~-:G::~¢--=
-;:.1~-;~ . :-......_ -
·.-:14_~~ ri~f:'Snider, CMC, City Clerk
15'-::. -·--~-.-::-
16 -~-=-
17
18
19
20
CITY OF PALM BEACH GARDENS, FLORIDA
BY: lli~~
D VId Levy, Mayor
21 BY::~~~~~~====~~--
22
23
24
25
26 VOTE:
27
28 MAYOR LEVY
29
30 VICE MAYOR PREMUROSO
31
32 COUNCILMEMBER RUSSO
33
34 COUNCILMEMBER JABLIN
35
36 COUNCILMEMBER TINSLEY
37
38
39
40
41
42
43
44
AYE NAY ABSENT
v
v
45
46 G:\attomey_share\RESOLUTIONS\2010\Resofution 90 2010 estab6shing council meeting dates.docx
Page 2 of2
1
2 RESOLUTION 16, 2013
3
4
5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
6 BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF
7 REGULAR CITY COUNCIL MEETINGS FOR THE MONTHS OF
8 JULY AND AUGUST, 2013; PROVIDING AN EFFECTIVE DATE;
9 AND FOR OTHER PURPOSES.
10
11
12 WHEREAS, Section 18-3 of the Charter of the City of Palm Beach Gardens
13 provides that the dates of the regular meetings of the City Council shall be set by
14 Resolution; and
15
16 WHEREAS, pursuant to Resolution 90, 2010, the City Council modified the
17 regular schedule of the City Council meetings such that the Council meetings shall be
18 held once per month on the first Thursday of the month at 7:00p.m., with the exception
19 of the month of July during which the subject meeting will be held on the third Thursday
20 at 7:00p.m.; and
21
22 WHEREAS, the City Council has determined that it is in the best interests of the
23 citizens of the City to modify the schedule of the July meeting, as well as the August
24 meeting, when necessary, to allow ample time in between meetings to prepare
25 subsequentagendas;and
26
27 WHEREAS, the City Council deems approval of this Resolution to be in the best
28 interests of the health, safety, and welfare of the residents and citizens of the City of
29 Palm Beach Gardens and the public at large.
30
31
32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
33 OF PALM BEACH GARDENS, FLORIDA that:
34
35 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
36
37 SECTION 2. The Regular Meetings of the City Council for the months of July
38 and August, 2013, shall convene at 7:00 p.m. on the following dates:
39
40 July 16, 2013, and August 15, 2013.
41
42 SECTION 3. This Resolution shall become effective immediately upon adoption.
43
44
45
46
Page 1 of 2
1
2
3
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7
8
9
10
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13
14
15
16
17
18
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21
22
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24
25
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47
Resolution 16, 2013
PASSED AND ADOPTED this __ day of_---'-------' 2013.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
--~~~-=-----------Robert G. Premuroso, Vice Mayor
ATTEST:
BY: -------------Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: -------------R. Max Lohman, City Attorney
VOTE: AYE NAY ABSENT
VICE MAYOR PREMUROSO
COUNCILMEMBER TINSLEY
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
G:\attorney_share\RESOLUTIONS\2013\Resolution 16 2013 setting dates for July and August.docx
Page 2 of 2
PALM BEACH GARDENS
':.4 unique place to live, learn, wori & play"
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL, PALM BEACH GARDENS, FLORIDA 33410-4698
PURCHASING AWARD TRANSMITIAL
It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a
newspaper of general circulation, and copies are made available through DemandStar, Public Purchase, the City's Purchasing webpage (Vendors List), and the Office of
the City Clerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides
project information on the procurement action identified below.
SOLICITATION TYPE: Piggyback/Access Contract
TITLE: Purchase of Model Year 2013 Motor Vehicles
DATE ADVERTISED: Not applicable
WAS SOLICITATION OPENLY COMPETED? Not applicable
FUNDING ACCOUNT INFORMATION:
501.3020.539.6410
CONTRACT TERM: Upon delivery
CONTRACT NO.: A12-20-0905
DEPARTMENT: Community Services
BIDS/PROPOSALS DUE DATE: Not applicable
RESPONSES RECEIVED: Not applicable
CONTRACT VALUE: Three Hundred and Sixty Thousand, Six Hundred
and Seventy Two Dollars ($366,672.00)
OPTIONS TO RENEW: Not applicable
BACKGROUND: The City's Fleet Work Group, which is comprised of one (1) staff representative from each City department,
reviews vehicle purchase requests on an annual basis. For FY 2013, sixteen (16) vehicle replacement requests were received. The
Fleet Work Group determined that the vehicles requested for replacement no longer adequately provide the required level of
service needed for daily use due to factors such as high mileage, vehicle condition, and maintenance costs. As part of the City's
"going green" initiative and the desire to be environmentally responsible, all police sedan vehicles are smaller, more efficient six-
(6) cylinder motors rather than the traditional eight-(8) cylinder motors. Past findings with six-{6) cylinder motors have been very
positive due to fuel cost savings and motor performance over the larger eight-(8) cylinder motors.
COMMENTS: Purchase awards to Pembroke Motors, Inc. DBA Maroone Chrysler Dodge Jeep Ram of Pembroke Pines, Maroone
Chevrolet, LLC, Duval Ford, LLC, and Hub City Ford, Inc. for sixteen (16) replacement vehicles via an existing contract with the
Florida Sheriffs Association, Florida Association of Counties, and Florida Fire Chiefs' Association (12-20-0905).
Jack
R. Max Lohman
Finance Allan Owens
Purchasi
~PROVED 0 NOT APPROVED 0 DEFERRED
-----
DATE
PALM BEACH GARDENS
·~ unique p lace to live, learn, work & p lay "
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 3341 0
AGREEMENT
FOR
PURCHASE OF 2013 MOTOR VEHICLES
(ACCESS OTHER CONTRACT)
AGREEMENT NO. A-12-20-0905(A)
THIS AGREEMENT is made and entered into this day of ,
2013 (the "effective date"), by and between the City of Palm Beach Gardens, a Florida
municipal corporation (hereafter referred to as "City"), whose address is 1 0500 North Military
Trail, Palm Beach Gardens, Florida 33410, and Pembroke Motors, Inc. dba Maroone
Chrysler Dodge Jeep Ram of Pembroke Pines, a Delaware corporation (hereafter referred
to as "Contractor"), whose principal address is 13601 Pines Boulevard, Pembroke Pines,
Florida 33027, and whose mailing address is 200 SW 1st Avenue, 14th Floor, Fort Lauderdale,
Florida 33301.
WHEREAS, Section 2-294 of the City's Code of Ordinances permits the City to
"piggyback" an agreement awarded to another governmental agency pursuant to a
competitive sealed bid; and
WHEREAS, the Florida Sheriffs' Association awarded a competitively solicited
Contract No . 12-20-0905 ("Contract") to several motor vehicle dealers for the purchase of
Pursuit, Administrative, and Utility Vehicles, and Trucks and Vans , which is incorporated
herein by reference; and
WHEREAS, the Contract's effective date is November 1, 2012, and expires on
September 30, 2013; and
WHEREAS, the Contract terms and conditions allow the City to access/piggyback the
Contract to purchase vehicles awarded at the prices agreed therein; and
WHEREAS, the City desires to access the Contract to purchase Dodge Charger Police
Vehicles described in the Description of Vehicle and Pricing, which is attached hereto and
incorporated herein as Exhibit "A", under the existing terms and conditions.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter
set forth, the Contractor and the City agree as follows:
Page 11 of6
City of Palm Beach Gardens
Contract Agreement No. A-12-20-0905{A)
ARTICLE 1. DESCRIPTION OF GOODS AND/OR SCOPE OF SERVICES
The Contractor shall supply the vehicles with the listed options as identified in the
Description of Vehicle and Pricing, attached hereto as Exhibit "A". In the event of any conflict
or ambiguity between the terms and conditions set forth in this Agreement and those set forth
in the Contract, the terms and conditions of this Agreement shall control.
ARTICLE 2 . PAYMENT
The City will pay the Contractor based on the terms and conditions in the Contract and
the total cost for the vehicle as shown in the Description of Vehicle and Pricing, attached
hereto as Exhibit "A". In accordance with Section 218.74 , Florida Statutes, the time at which
payment shall be due from the City shall be forty-five (45) days from receipt of a proper
invoice.
ARTICLE 3. TERM OF AGREEMENT
The term of this Agreement shall be from the effective date until the delivery of the
vehicles by the Contractor and inspection and acceptance by the City, inclusive of all
warranty provisions of the Contract.
ARTICLE 4. TERMINATION
This Agreement may be terminated by the City, with or without cause, upon providing
wri tten notice to the Contractor. This Agreement may be terminated by the Contractor upon
written notice to the City. Upon any such termination, the Contractor waives any claims for
damages from such termination, including, but not limited to, loss of anticipated profits.
ARTICLE 5. INDEMNIFICATION
The Contractor recognizes that it is an independent contractor and not an agent or
servant of the City. The Contractor shall indemnify, defend, and hold harmless the City and
its officers, employees, agents, and instrumentalities from any and all liability, losses, or
damages, including attorney's fees and costs of defense, which the City or its officers,
employees, agents, or instrumentalities may incur as a result of claims, demands, suits,
causes of actions, or proceedings of any kind or nature arising out of, relating to, or resulting
from the performance of this Agreement by the Contractor or its employees, agents, servants,
partners, principals, or subcontractors. The Contractor shall pay all claims and losses in
connection therewith, and shall investigate and defend all claims, suits, or actions of any kind
or nature in the name of the City, where applicable, including appellate proceedings, and
shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The
Contractor expressly understands and agrees that any insurance protection required by this
Agreement or otherwise provided by the Contractor shall in no way limit the responsibility to
indemnify, keep and save harmless, and defend the City or its officers, employees, agents,
and instrumentalities as herein provided. This Article shall survive the term of this
Agreement.
Page 12 of6
City of Palm Beach Gardens
Contract Agreement No . A-12-20-0905(A)
ARTICLE 6. MISCELLANEOUS PROVISIONS
a. Notice Format. All notices or other written communications required,
contemplated, or permitted under this Agreement shall be in writing and shall be hand
del ivered, telecommunicated, or mailed by registered or certified mail (postage prepaid),
return receipt requested, to the following addresses:
As to the City:
With a copy to:
As to the Contractor:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 3341 0
Attn: City Manager
Facsimile: (561) 799-4111
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 3341 0
Attn: City Attorney
Email: bchabre@pbgfl.com
Pembroke Motors, Inc.
dba Maroone Chrysler Dodge Jeep Ram of
Pembroke Pines
13601 Pines Boulevard
Pembroke Pines, Florida 33027
Attn: Steve Henry
Email: fleetguy@comcast. net
Mailing Address:
200 SW 1st Avenue, 14th Floor
Fort Lauderdale, Florida 33301
b. Entire Agreement. This Agreement constitutes the entire understanding and
agreement between the parties with respect to the subject matter hereof.
c. Binding Effect. All of the terms and provisions of this Agreement, whether so
expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the
pa rt ies and their respective legal representatives, successors, and permitted assigns.
d. Assignability. This Agreement may not be assigned without the prior written
consent of all parties to this Agreement.
e. Severability. If any part of this Agreement is contrary to, prohibited by, or
deemed invalid under applicable law or regulation, such provision shall be inapplicable and
deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof
shall not be invalidated thereby and shall be given full force and effect so far as possible.
Page 13 of6
City of Palm Beach Gardens
Contract Agreement No. A -12-20-0905(A)
f. Governing Law and Venue. This Agreement and all transactions contemplated
by this Agreement shall be governed by and construed and enforced in accordance with, the
laws of the State of Florida without regard to any contrary conflicts of law principle . Venue of
all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida,
and each party hereby waives whatever its respective rights may have been in the selection
of venue. This Agreement shall not be construed against the party who drafted the same as
all parties to this Agreement have had legal and business experts review the adequacy of the
same.
g. Headings. The headings contained in this Agreement are for convenience of
reference only and shall not limit or otherwise affect in any way the meaning or interpretation
of this Agreement.
h. Construction. The parties acknowledge that each has shared equally in the
drafting and preparation of this Agreement, and accordingly, no Court or Administrative
Hearing Officer construing this Agreement shall construe it more strictly against one party
than the other, and every covenant, term, and provision of this Agreement shall be construed
simply according to its fair meaning.
i. Attorney's Fees. It is hereby understood and agreed that in the event any
lawsuit in the judicial system, federal or state, is brought to enforce compliance with this
Agreement or interpret same, or if any administrative proceeding is brought for the same
purposes, the non-prevailing party will pay to the prevailing party reasonable attorney's fees
and costs, including appellate fees and costs.
j. Equal Opportunity. The City and the Contractor agree that no person shall, on
the grounds of race, color, gender, national origin, ancestry, marital status, disability, religion,
creed, or age be discriminated against in the performance of this Agreement.
ARTICLE 7. ACCESS AND AUDIT OF RECORDS
The City reserves the right to require the Contractor to submit to an audit by an auditor
of the City's choosing at the Contractor's expense . The Contractor shall provide access to all
of its records, which relate directly or indirectly to this Agreement, at its place of business
during regular business hours. The Contractor shall retain all records pertaining to this
Agreement, and upon request make them available to the City for ten (1 0) years following
expiration of the Agreement. The Contractor agrees to provide such assistance as may be
necessary to facilitate the review or audit by the City to ensure compliance with applicable
accounting and financial standards.
Page 14 of6
AR T ICLE 8. OFFICE OF THE INSPECTOR GENERAL
City of Palm Beach Gardens
Contract Agreement No. A-12-20-0905(A)
Palm Beach County has established the Office of the Inspector General, which is
authorized and empowered to review past, present, and proposed City programs, contracts,
transactions, accounts, and records. The Inspector General (IG) has the power to subpoena
witnesses, administer oaths, require the production of records, and monitor existing projects
and programs. The Inspector General may, on a random basis, perform audits on all City
agreements .
ARTICLE 9. PUBLIC RECORDS
Chapter 119, Florida Statutes, the Public Records Law, requires that municipal records
shall at all times be available to the public for inspection. Certain exemptions to public
disclosure are statutorily provided for in Section 119.07, Florida Statutes. The Contractor
shall be cognizant of any exemptions that are applicable to the services to be performed
under this Agreement.
(The remainder of this page intentionally left blank)
Page 15 of 6
City of Palm Beach Gardens
Contract Agreement No. A-12-20-0905(A)
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
hereinabove first written.
CITY OF PALM BEACH GARDENS, FLORIDA
By: __________________ _
Robert G. Premuroso, Vice Mayor
ATTEST:
By:-=------------
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: ____________ _
R. Max Lohman, City Attorney
WITNESSES:
By: __________ _
Print Name: ---------
By: __________ _
Pri nt Name: _______ __
PEMBROKE MOTORS, INC. dba MARCONE
CHRYSLER DODGE JEEP RAM OF PEMBROKE
PINES
By: __________________ ___
James R. Bender, President
G:\attomey_share\AGREEMENTS\Pembroke Motors Inc A 12-20-0905(A) Agreement for 2013 Motor Vehicles-Final.docx
Page 16 of6
ITEM QUANTITY
1. Ten (10)
Option No.
i. TTP
ii. CW6
iii. GXF
iv. TTG
----------------------
EXHIBIT "A"
City of Palm Beach Gardens
Contract Agreement No. A-12-20-0905(A)
DESCRIPTION OF VEHICLE AND PRICING
DESCRIPTION PRICE
2013 Dodge Charger Police Vehicles
Full Size Pursuit Vehicles -Police
Package
Specification #01 $21,216.00
LDDE48
Description
Two Tone Paint $1,450.00
Rear Door Locks Inoperable $24.00
Keyed Alike (New Code) $139 .00
Temporary Tag $25.00
COST FOR EACH VEHICLE: $22,854.00
TOTAL COST FOR TEN (10) $228,540.00
VEHICLES
Page 1 of 5
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT, is made and entered into this ______ day of
March, 2013 by and between the Town of Juno Beach, a municipal corporation
organized and existing under the laws of the State of Florida (“Town”), whose address is
340 Ocean Drive, Juno Beach, Florida 33408, and the City of Palm Beach Gardens, a
municipal corporation organized and existing under the laws of the State of Florida
(“City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida
33410.
WITNESSETH:
WHEREAS, Frenchman’s Creek, Inc, the master association of a subdivision
located within the City, owns and operates a beach club on an approximately 1.3 acre
parcel of real property located at 400 Celestial Way (“Beach Club Property”) within the
Town; and
WHEREAS, on October 1, 2002, the Frenchman’s Creek Yacht, Beach and
Country Club, Inc. merged with the Frenchman’s Creek Property Association, Inc.,
changing its name to Frenchman’s Creek, Inc., and subsequently amended its
declarations and covenants to designate the Beach Club Property as a common
element of Frenchman’s Creek; and
WHEREAS, prior to the merger and designation, the Frenchman’s Creek Yacht,
Beach and Country Club, Inc. had been paying ad valorem property taxes to the Town;
and
WHEREAS, beginning with the 2003 tax year, the County Property Appraiser no
longer assessed the Beach Club Property as a separate parcel; rather, due to its
designation as a common element, the Property Appraiser prorated the market value of
the Beach Club Property among the taxable parcels within Frenchman’s Creek in
accordance with Section 193.0235, Florida Statutes, and such parcels were taxed at the
millage rate established by the City; and
WHEREAS, Section 193.0235, Florida Statutes, does not account for common
elements being located within a different municipality than the subdivision it serves,
thereby resulting in the Town providing services to a property for which it derives no ad
valorem tax revenue; and
WHEREAS, Article 7, Section 2 of the Florida Constitution mandates that ad
valorem taxes shall be at a uniform rate within each taxing unit ; and
WHEREAS, the City and the Town acknowledge the unintended and inequitable
consequences resulting from the application of Section 193.0235, Florida Statutes, to
the Beach Club Property and hereby wish to enter into an Agreement to address these
consequences; and
Page 2 of 5
WHEREAS, Section 163.01, Florida Statutes, allows local government s to make
the most efficient use of their powers by enabling them to cooperate with each other on
the basis of mutual advantage and thereby provide services and facilities in a manner
that will best serve the needs of each unit of government.
NOW, THEREFORE, in consideration of the mutual covenants and obligations
set forth below, and other good and valuable consideration the receipt and sufficiency of
which is hereby acknowledged, the Town and the City agree as follows:
Section 1. Recitals.
The foregoing recitals are true and correct and are incorporated herein by t his
reference.
Section 2. Purpose.
The purpose of this Interlocal Agreement is to provide both a short -term
mechanism to correct the inequities resulting from the application of Section 193.0235 ,
Florida Statutes, to the Beach Club Property and a long-term solution to address the
unintended consequences of this statutory provision.
Section 3. City’s Obligation.
A. The City shall pay to the Town, on an annual basis, an amount equal to
the assessed value of the Beach Club Property (PCN: 28-43-41-28-01-000-0180) as
determined by the Palm Beach County Property Appraiser multiplied by the City’s
assessed millage rate or the Town’s assessed millage rate, whichever is less.
B. The City shall make such annual payments to the Town for five (5)
consecutive years, beginning with the 2012 tax year. Such payment shall be due by
April 1st of the following year. Thus, the City shall pay the Town the amount prescribed
by subsection 3.A above for the 2012 tax year on or before April 1, 2013. The City shall
continue to make such payments on an annual basis through the 2016 tax year, with the
last payment due on or before April 1, 2017. Notwithstanding the foregoing, the City’s
obligation to pay the Town shall be subject to the availability of funds lawfully
appropriated for such purposes. The City shall provide written notice to the Town within
ten (10) days of the occurrence of a non-appropriation event, which shall result in the
immediate termination of this Agreement.
Section 4. Town’s Obligation.
During the term of this Agreement, the Town shall not initiate any action to
recover the ad valorem revenues generated by the Beach Club Property and shall
continue to provide all services to the Beach Club Property, in the same manner is it
provides services to any other parcel of real property located within the Town.
Page 3 of 5
Section 5. Joint Obligation of City and Town.
During the term of this Agreement, the Town shall diligently pursue, promulgate
and support legislation to amend Section 193.0235, Florida Statutes, to correct the
unintended and inequitable consequences that occur when a common element is
located within a different municipality than the subdivision it serves, thereby depriving
the municipality of the taxes generated by the com mon element and resulting in a
disparity in the tax rate applied to the property upon which the common element is
located. The City shall support such legislation provided that it applies prospectively
and does not contain or propose any measure for the retroactive collection of tax
revenue.
Section 6. Term of Agreement.
A. This Agreement shall become effective on the date that it is filed with the
Clerk of the Circuit Court of Palm Beach County and shall expire on December 31,
2017, unless terminated earlier in accordance with th e terms and conditions set forth
herein.
B. Upon mutual written agreement, the parties may renew the term of this
Agreement for an additional five (5) year period. In the event of such renewal, the City’s
annual payment obligation pursuant to Section 3.A. shall be extended for an additional
five (5) tax years.
C. Notwithstanding the foregoing, this Agreement shall automatically
terminate in the event the Florida Legislature provides a mechanism by which the Town
is paid the full measure of ad valorem taxes generated by the Beach Club Property prior
to the expiration of the City’s payment obligation pursuant to Section 3.A.
Section 7. Default.
In the event of default or noncompliance with the terms and obligations of this
Agreement by either party, the non-defaulting party shall provide the defaulting party
with written notice of the default and the non-defaulting party shall have thirty (30) days
to cure the default. In the event the defaulting party fails to cure the default within thirty
(30) days of receipt of written notice, the non-defaulting party may immediately
terminate the Agreement.
Section 8. Notices.
All notices required or contemplated by this Agreement shall be in writing and
shall be hand-delivered or mailed certified mail, return receipt requested to the following
addresses:
Page 4 of 5
For the Town: For the City:
Town of Juno Beach City of Palm Beach Gardens
340 Ocean Drive 10500 North Military Trail
Juno Beach, Florida 33408 Palm Beach Gardens, Florida 33410
Attention: Town Manager Attention: City Manager
Section 9. Miscellaneous Provisions.
A. This Agreement shall not be assigned or transferred by either party
without the prior written consent of the other party.
B. This Agreement shall be signed in triplicate and filed for rec ord by the
Town with the Clerk of the Circuit Court of Palm Beach County in accordance with
Section 163.01, Florida Statutes.
C. Nothing contained in this Agreement shall be construed to constitute or
transfer powers in any way whatsoever.
D. Should any provision of this Agreement be declared invalid by a court of
competent jurisdiction, same shall be deemed stricken herefrom, and all other terms
and conditions of this Agreement shall continue in full force and effect as if such invalid
provision had never been a part hereof.
E. No party shall be considered the author of this Agreement since both
parties hereto have participated in the negotiation and drafting of this document to arrive
at a final agreement. Thus, the terms of this Agreement shall not be strictly construed
against one party as opposed to the other party based upon who drafted it.
F. Time is of the essence with respect to each provision of this Agreement
which requires that action be taken by either party within a stated time period, or upon a
specified date. Any time period provided herein which shall end on a Saturday, Sunday
or legal holiday shall extend to 5:00 p.m. EST of the next business day.
G. This Agreement constitutes the entire understanding of the parties. It may
not be modified or any of its provisions waived unless such modification and/or waiver is
in writing and is agreed to by both parties.
H. Any costs or expenses (including reasonable attorney's fees) incurred by
the parties associated with the enforcement of the terms and/or conditions of this
Agreement shall be borne by the party incurring such cost or expense.
[Remainder of page blank – signatures on next page]
Page 5 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
first written above.
CITY OF PALM BEACH GARDENS, FLORIDA
(SEAL)
By:
Mayor
ATTEST:
By:_________________________________
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:_________________________________
City Attorney
TOWN OF JUNO BEACH, FLORIDA
(SEAL)
By:____________________________________
Mayor
ATTEST:
By:_________________________________
Town Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:_________________________________
Town Attorney
--~~--~~~~~~-~~~~-----
Attest:
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
Whereas, the public procurement profession plays a significant role in the efficiency and
effectiveness of both government and business; and
Whereas, in addition to the purchase of goods and services, procurement adds value to the
organization by performing functions such as executing, implementing and administering contracts,
conducting market research and analyses, developing strategic procurement methodologies, and
cultivating working relationships with suppliers and other departments within the organization; and
Whereas, the primary objectives of a frrst-class procurement organization extend beyond the
traditional belief that procuremenfs primary role is to obtain goods and services in response to
internal needs; and
Whereas, these primary objectives include supporting operational requirements, managing
the purchasing and contracting process equitably, efficiently and effectively; and
Whereas, the objective of the City of Palm Beach Gardens Purchasing and Contracts
Department include supporting operational requirements, managing the purchasing and contracting
needs of the City, developing strong relationships with other functional groups and stakeholders
and supporting organizational goals and objectives; and
Whereas, the Purchasing and Contracts Department is committed to the fair, equitable, and
timely acquisition of goods and services for the City of Palm Beach Gardens and to cultivating an
ethical and professional environment; and
Whereas, using technology, competition, and best practices, we strive to bring the greatest
value to the City and its residents in an efficient and cost-effective manner while embracing the
Values and Guiding Principles of Public Procurement of Accountability, Ethics, Impartiality,
Professionalism, Services and Transparency.
NOW, THEREFORE, I, Robert Premuroso, by virtue of the authority vested in me as Vice
Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim March, 2013:
NATIONAL PURCHASING MONTH
in the City of Palm Beach Gardens and urge all citizens to show their support and expand the
awareness of the purchasing professionals' role to governmental officials, the general public,
business and corporate leaders.
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 1" day of March in the Year of our Lord, Two Thousand Thirteen.
Vice Mayor Robert G. Premuroso
Patricia Snider, CMC, City Clerk
-~-----
----------------
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: March 7, 2013
Ordinance 1, 2013
Subject/Agenda Item: Second and Final Reading and Adoption-Amending the Fiscal
Year 2012/13 budget to adjust fund balance carryovers to actual amounts and to carry
forward amounts committed from the FY 2011/2012 budget for outstanding purchase
orders and open projects that cross fiscal years.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs:$ 1,658,725 Council Action:
Finance (Total)
ri£2 ] Approved
$1,658,725 ] Approved w/ Current FY Allan Owens Conditions
Finance Administrator
] Denied
inistrator
Advertised: Funding Source:
] Continued to:
Date: 2/20/13 [ ] Operating Attachments:
Paper: Palm Beach Post [X] Other • Ordinance 1, 2013
Submitted by: FY 2012 Surplus -Exhibit "1"
-Exhibit "2"
Dm:or
[ ] Not Required Contract/Agreement: -Capital justifications
Effective Date:
Allan Owens N/A
Expiration Date:
N/A
Affected parties Budget Acct.#:
Approved by: ] Notified See attached exhibits
for detail
] Not required
Meeting Date: March 7, 2013
Ordinance 1, 2013
Page 2 of3
BACKGROUND: Section 166.241 , Florida Statutes, requires that amounts available
from taxation and other sources, including amounts carried over from prior fiscal years,
must equal total appropriations for expenditures and reserves. To ensure budgeted
expenditures do not exceed available resources, it is customary to adjust beginning
fund balances to the prior year's actual year-end amounts . This Ordinance amends the
FY 2012/2013 budget by adjusting Fund Balance Carryovers to actual amounts, as
detailed in Exhibit "1 ".
In addition , under Generally Accepted Accounting Principles, as one (1) fiscal year
comes to a close and a new fiscal year begins, the City is required to carry forward the
funds appropriated for prior year obligations that will be paid in the new fiscal year. This
Ordinance amends the FY 2012/2013 budget for amounts reserved and designated
from the FY 2011/2012 budget for outstanding purchase orders and commitments as
they relate to open projects that cross fiscal years, as detailed in Exhibit "2".
On January 10, 2013, Ordinance 1, 2013 was approved by Council on first reading.
The budget amendment as presented at this meeting allocated $1 ,658,725 surplus from
FY 2011/2012 to the Budget Stabilization Reserve Account. This surplus was realized
from a combination of favorable revenue and expenditure results that exceeded our
projections last fiscal year.
At the February 7 , 2013 Council Meeting, the City Council directed staff to develop a
plan to reallocate the $1',658,725 surplus from last fiscal year to provide for the following
items:
• A 2% Cost of Living Adjustment (COLA) for all full-time and year-round part-time
employees
• A one-time 1.5% lump-sum payment for all full-time and year-round part-time
employees
• Funding for capital improvement projects that need to be addressed in the
current fiscal year that are unbudgeted
The above adjustments have been provided for in the attached Exhibit "1 ", and
reallocate the $1,658,725 surplus as follows:
• Increase in Personnel Costs-2% COLA
• Increase in Personnel Costs-1.5% lump-sum
• Increase in Capital
Grand Total
$ 399 ,479
476 ,493
782 ,753
$1,658 ,725
Meeting Date: March 7, 2013
Ordinance 1, 2013
Page 3 of3
Attached to this Agenda Cover Memorandum are written justifications from
management for the capital projects that are recommended for funding in the current
fiscal year, which consist of the following:
• Golf course irrigation modernization
• City-wide security system enhancements
• Covered structure for Fire Department generator
• Youth Enrichment Center fenced multipurpose area
Grand Total
$610,753
50,000
50,000
72,000
$782,753
In addition to the above adjustments, the ordinance as presented on second reading
reflects the following changes:
• A donation of $30,000 from the PBGYAA Palm Beach Gardens Predators Soccer
Program has been added to Contributions/Donations in the Recreation Impact
Fund . This donation augments the existing Gardens Park concession building
project in the current fiscal year.
• A grant of $10,000 for gun storage racks has been added. This grant is from the
U.S. Department of Justice, through the Florida Department of Law Enforcement.
• A donation of $20,000 from the Ballenlsles Charities Foundation has been added
to Contributions/Donations in the General Fund for the purchase of 1 Stryker
Power-loaded Cot Fastener for Emergency Medical Services.
• A donation of $50,000 from Florida Blue, Health Insurance Provider, for
employee related wellness programs and activities has been added to the Self-
Insurance Fund .
• Revenue in the amount of $140,131 was received from Palm Beach County for
$12.50 traffic fine collections and has been added to the General Fund .
STAFF RECOMMENDATION: Staff recommends approval of Ordinance 1, 2013 as
presented on second and final reading.
1
2
3 ORDINANCE 1, 2013
4
5
6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
7 BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM
8 BEACH GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING
9 OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013,
10 INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
11 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
12 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
13
14
15 WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted
16 a Budget for the 2012/2013 Fiscal Year; and
17
18 WHEREAS, the City Council has determined that an amendment needs to be
19 made to the previously adopted Fiscal Year 2012/201~ Budget; and
20
21 WHEREAS, the City Council deems approval of this Ordinance to be in the best
22 interests of the health, safety, and welfare of the residents and citizens of the City of
23 Palm Beach Gardens and the public at large.
24
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
27 OF PALM BEACH GARDENS, FLORIDA that:
28
29 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
30
31 SECTION 2. The City Council hereby amends the revenues and expenditures
32 listed in the attached Exhibits "1" and "2" and adopt such amendments as to the Budget
33 of the City of Palm Beach Gardens for the Fiscal Year October 1, 2012, through
34 September 30, 2013, inclusive.
35
36 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are
37 hereby repealed.
38
39 SECTION 4. Should any section or provision of this Ordinance or any portion
40 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
41 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
42
43 SECTION 5. This Ordinance shall become effective immediately upon adoption.
44
45
46
Page 1 of 2
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Ordinance 1, 2013
~
PASSED this /O-day of .) rp:U ~1 , 2013, upon first reading.
PASSED AND ADOPTED this __ day of ________ , 2013, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY:
----~~-------------------Robert G. Premuroso, Vice Mayor
Marcie Tinsley, Councilmember
Joseph R. Russo, Councilmember
Eric Jablin, Councilmember
ATTEST:
BY: --------------------------Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: --------------------------R. Max Lohman, City Attorney
FOR
G :\attorney_share\ORDINANCES\2013\0rdinance 1 2013 -budget amendment.docx
Page 2 of 2
AGAINST ABSENT
City of Palm Beach Gardens
Budget Amendment-Ordinance 1, 2013
FYE 09/30/13
Exhibit "1"
Expenditures (Uses)
Salaries and Wages
FICA
Retirement Contributions
Salaries and Wages
FICA
Retirement Contributions
Salaries and Wages
Part-time Salaries
FICA
Retirement Contributions
Salaries and Wages
FICA
Retirement Contributions
Salaries and Wages
FICA
Retirement Contributions
Salaries and Wages
Part-time Salaries
FICA
Retirement Contributions
Salaries and Wages
FICA
Retirement Contributions
Salaries and Wages
Part-time Salaries
FICA
Retirement Contributions
Salaries and Wages
FICA
Retirement Contributions
Salaries and Wages
FICA
Retirement Contributions
Salaries and Wages
Part-time Salaries
FICA
Retirement Contributions
Salaries and Wages
FICA
Retirement Contributions
Salaries and Wages
Part-time Salaries
FICA
Retirement Contributions
Salaries and Wages
FICA
Retirement Contributions
Salaries and Wages
FICA
Retirement Contributions
Salaries and Wages
FICA
Retirement Contributions
001.0100.511.1210
001.0100.511.2110
001.0100.511.2210
001.0200.512.1210
001.0200.512.2110
001.0200.512.2210
001.0220.512.1210
001.0220.512.1310
001.0220.512.2110
001.0220.512.2210
001.0230.512.1210
001.0230.512.2110
001.0230.512.2210
001.0240.514.1210
001.0240.514.2110
001.0240.514.2210
001.0211.513.1210
001.0211.513.1310
001.0211.513.2110
001.0211.513.2210
001.0260.515.1210
001.0260.515.2110
001.0260.515.2210
001.0300.513.1210
001.0300.513.1310
001.0300.513.2110
001.0300.513.2210
001.0600.513.1210
001.0600.513.2110
001.0600.513.2210
001.1000.521.1210
001.1000.521.2110
001.1000.521.2210
001.1020.525.1210
001.1020.525.1310
001.1020.525.2110
001.1020.525.2210
001.1030.521.1210
001.1030.521.2110
001.1030.521.2210
001.1200.522.1210
001.1200.522.1310
001.1200.522.2110
001.1200.522.2210
001.1220.522.1210
001.1220.522.2110
001 .1220.522.2210
001.1230.522.1210
001.1230.522.2110
001.1230.522.2210
001.1400.515.1210
001.1400.515.2110
001.1400.515.2210
Increase (Decrease)
3,313
253
209
6,863
525
581
12,242
625
984
325
6,086
466
168
1,658
127
37
2,368
500
219
64
4,431
339
99
7,556
325
603
216
16,432
1,257
415
65,977
5,047
9,196
39,610
859
3,096
900
152,160
11,640
30,741
16,135
825
1,297
2,347
9,401
719
1,161
182,537
13,964
28,782
3,857
295
86
Continued on page 2
1
Salaries and Wages
FICA
Retirement Contributions
Salaries and Wages
FICA
Retirement Contributions
Salaries and Wages
Part-time Salaries
FICA
Retirement Contributions
Salaries and Wages
FICA
Retirement Contributions
Part-time Salaries
FICA
Retirement Contributions
Part-time Salaries
FICA
Retirement Contributions
Part-time Salaries
FICA
Retirement Contributions
Salaries and Wages
FICA
Retirement Contributions
Part-time Salaries
FICA
Retirement Contributions
Salaries and Wages
Part-time Salaries
FICA
Retirement Contributions
Salaries and Wages
Part-time Salaries
FICA
Retirement Contributions
Salaries and Wages
Part-time Salaries
FICA
Retirement Contributions
Salaries and Wages
FICA
Retirement Contributions
Salaries and Wages
Part-time Salaries
FICA
Retirement Contributions
Transfer out
Materials and Supplies
City of Palm Beach Gardens
Budget Amendment-Ordinance 1, 2013
FYE 09/30/13
Exhibit "1"
Aid to Gov Agencies-Radio Consortium
Capital
001.1410.515.1210
001.1410.515.2110
001.1410.515.2210
001.1420.515.1210
001.1420.515.2110
001.1420.515.2210
001.1430.524.1210
001.1430.524.1310
001.1430.524.2110
001.1430.524.2210
001.1460.515.1210
001.1460.515.2110
001.1460.515.2210
001.2000.572.1310
001.2000.572.2110
001.2000.572.2210
001.2031.572.1310
001.2031.572.2110
001.2031.572.2210
001.2032.572.1310
001.2032.572.2110
001.2032.572.2210
001.2033.572.1210
001.2033.572.2110
001.2033.572.2210
001.2040.572.1310
001.2040.572.2110
001.2040.572.2210
001.2080.519.1210
001.2080.519.1310
001.2080.519.2110
001.2080.519.2210
001.3000.539.1210
001.3000.539.1310
001.3000.539.2110
001.3000.539.2210
001.3030.539.1210
001.3030.539.1310
001.3030.539.2110
001.3030.539.2210
001.3040.541.1210
001.3040.541.2110
001.3040.541.2210
001.3090.524.1210
001.3090.524.1310
001.3090.524.2110
001.3090.524.2210
001.0900.519.9100
001.1000.521.5200
001.1000.521.8120
001.1000.521.6400
001.3000.539.6400
001.12350.522.6400
001.1230.522.6900
Capital
Capital
CIP
CIP
Restricted for Law Enforcement
Assigned for Other Purposes
001.3000.539.6900 csa0149
001.0900.519.9926
001.0900.519.9929
Continued from page 1
Continued on page 3
7,484
572
166
5,589
428
124
7,607
1,500
697
202
2,606
199
58
2,085
160
46
630
48
14
2,027
155
45
1,769
135
39
1,126
86
25
26,573
2,200
2,201
640
5,495
1,000
497
187
19,362
1,190
1,572
457
11,323
866
252
23,273
3,000
2,010
588
87,746
10,000
140,131
50,000
72,000
20,000
50,000
610,753
626,283
114,229
2
--~ ----------------------------------~-
City of Palm Beach Gardens
Budget Amendment-Ordinance 1, 2013
FYE 09/30/13
Revenues (Sources)
Police Grant -Federal
$12.50 Traffic Fines
Contributions and Donations
Fund Balance Carryover
Expenditures (Uses)
Exhibit"r
001.331.2000
001.351.1040
001.366.2000
001.389.0000
Restricted Reserve 103.3000.539.9924
Revenues (Sources)
Fund Balance Carryover 103.389.0000
Expenditures (Uses)
Salaries and Wages
Part-time Salaries
FICA
Retirement Contributions
Salaries and Wages
Part-time Salaries
FICA
Retirement Contributions
Salaries and Wages
Part-time Salaries
FICA
Retirement Contributions
Salaries and Wages
Part-time Salaries
FICA
Retirement Contributions
Salaries and Wages
Part-time Salaries
FICA
Retirement Contributions
Salaries and Wages
Part-time Salaries
FICA
Retirement Contributions
Assigned Reserves
Transfer In
Fund Balance Carryover
Revenues (Sources)
104.2000.519.1210
104.2000.519.1310
104.2000.519.2110
104.2000.519.2210
104.2030.575.1210
104.2030.575.1310
104.2030.575.2110
104.2030.575.2210
104.2032.572.1210
104.2032.572.1310
104.2032.572.2110
104.2032.572.2210
104.2033.572.1210
104.2033.572.1310
104.2033.572.2110
104.2033.572.2210
104.2040.575.1210
104.2040.575.1310
104.2040.572.2110
104.2040.575.2210
104.2042.575.1210
104.2042.575.1310
104.2042.572.2110
104.2042.575.2210
104.2000.519.9931
104.381.0000
104.389.0000
Continued from page 2
10,000
140,131
20,000
2,399,237
Increase (Decrease)
(9,576)
(9,576)
Increase (Decrease)
7,829
2,240
770
224
4,157
850
383
111
3,519
4,241
594
172
2,235
1,824
310
91
5,096
3,114
628
182
8,()06
7,005
1,148
334
8,029
55,063
8,029
3
City of Palm Beach Gardens
Budget Amendment-Ordinance 1, 2013
FYE 09/30/13
Exhibit "1"
Police T~_.""-F_u_n_d ___ .. ....__ -----_c
Increase (Decrease)
Expenditures (Uses)
Restricted Reserves 002.1000.521.9924 (1,154)
Revenues (Sources)
Fund Balance Carryover 002.389.0000 (1,154)
,__ ---------------Art ~Fund
Increase (Decrease)
Expenditures (Uses)
Committed Reserves 304.1400.515.9932 (106,888)
Revenues (Sources)
Fund Balance Carryover 304.389.0000 (106,888)
Road l~act Puncl
Increase (Decrease)
Expenditures (Uses)
Restricted Reserve 305.0900.541.9924 (355)
Revenues (Sources)
Fund Balance Carryover 305.389.0000 (355)
Police Impact Fund
Increase (Decrease)
Expenditures (Uses)
Restricted Reserves 302.1000.521.9924 11,585
Revenues (Sources)
Fund Balance Carryover 302.389.0000 11,585
Fire !J!tpaet Fund
Increase (Decrease)
Expenditures (Uses)
Restricted Reserves 303.1200.522.9924 1,241
Revenues (Sources)
Fund Balance Carryover 303.389.0000 1,241
4
City of Palm Beach Gardens
Budget Amendment-Ordinance 1, 2013
FYE 09/30/13
Exhibit "1"
R ~Fun_d ___________________________
1
Expenditures (Uses)
CIP
Restricted Reserves
301.2000.572.6900 csa0150
301.2000.572.9924
Revenues (Sources)
Contributions and Donations
Fund Balance Carryover
Expenditures (Uses)
Salaries and Wages
FICA
Retirement Contributions
Unrestricted Reserves
Reserved Net Assets
Transfer In
Fund Balance Car over
Revenues (Sources)
Expenditures (Uses)
Part-time Salaries
FICA
Retirement Contributions
Salaries and Wages
FICA
Retirement Contributions
Salaries and Wages
FICA
Retirement Contributions
Assigned Reserves
Transfer In
Fund Balance Car over
Revenues (Sources)
301.366.2000
301.389.0000
501.3020.539.1210
501.3020.539.2110
501.3020.539.2210
501.3020.539.9920
501.3020.539.9921
501.381.0000
501.389.0000
106.2500.572.1310
106.2500.572.2110
106.2500.572.2210
106.2540.572.1210
106.2540.572.2110
106.2540.572.2210
106.2550.572.1210
106.2550.572.2110
106.2550.572.2210
106.2500.572.9931
106.381.0000
106.389.0000
~Insurance~
Contractual Services
Materials and Supplies
Unrestricted Reserves
Reserved Net Assets
Miscellaneous Revenue
Fund Balance Carryover
Expenditures (Uses)
Revenues (Sources)
505.0950.519.3400
505.0950.519.5200
505.950.519.9920
505.950.519.9921
505.369.0000
505.389.0000
Increase (Decrease)
30,000
531,747
30,000
531,747
Increase (Decrease)
15,156
1,159
393
(226,521)
1,251,589
16,708
1,025,068
Increase (Decrease)
2,932
224
65
8,356
639
186
3,252
249
72
(51,632)
15,975
(51,632)
·-Increase (Decrease)
25,000
25,000
(217,267)
42,393
50,000
(174,874)
5
GLAccount
001.0220.512.3 150
001.0220.512.4420
001.0220.512 .4650
001.0220.512 .640 0
001 .0900.519.3150
001.1000.521 .6400
001.1000.521.8120
001.1030.521.4600
001.1030.521.6420
001.1400.515 .3150
001.2000.572.6900
001.2080.519 .4600
001.3000.539.5200
001.3000.539.6400
00 1.3000.539.6900
00 1.3000.539.6900
001.3030.539.5200
001.3030.539.6900
001.3030.539.6900
001.3030.539.6900
001.3040.541.4600
001.3040.54 1.6900
GLAccount
001.389.0000
103.3000.539.4600
103.3000.539.6900
GLAccount
103.389.0000
City of Palm Beach Gardens
Budget Amendment-Ordin ance 1, 2013
FYE 09/30/2013
Exhibit "2"
Exoend iture/Project Name
Additional Budget
Adjustment
GENERAL FUND
Professional Services-Other 10,000.00
Equipment Rental -
Maintenance Contracts -
Cap ital Equ ipment -
Professional Services -Other -
Cap ital Equipment -
Aid to Gov Agencies-Radio Consortium -
Repa i r and Maintenance -
Controlled Ca pital-Type Equipment -
Professional Services -Other -
CIP -Muni ci pal Complex Civic Enhancement -
Repair and Maintenance -
Materials and Supplies -
Cap ital Equ i pment -
CIP -Klock M ulti-purpose Fields Renovations -
CIP -Equ ipment Upgrades for Energy Efficiency -
Materials and Supplies -
CIP -Golf Course Sewer Connecti on -
CIP -Council Chamber Improvem ents -
CIP -Lobby Conference Room Im proveme nts -
Repair and Maintenance -
CIP -Allamanda Water Control Structure -
Total Increase to Expef'ldltures $ • "··"· 0 10,000.00
Revenues
Appropriate d Fund Balance 10,000 .00
Total Increase to Revenues $ 10,000.00
LOCALO~O NGASTAXFUND
Repair and Maintenance -
CIP -Brid ge Refurbi shment -
Total increase to Ex~endltures s -
Revenues
Appr opriated Fund Ba lance -
Total Increase to Revenues $ -
Reserved for
Encumbrances
-
468.00
3,212.00
-
35,500.00
-
-
3,232.00
5,560.00
51,060.00
ll,BBO.OO
17,056.00
-
18,794.00
1,950.00
2,500.00
1,070.00
-
1,018.00
-
15,521.00
-
$ 168,821.00
168,821.00
$ 168,821.00
57,718.00
42,79 7.00
$ 100,515.00
100,515.00
$ 100,515.00
Designat ed f or
Projects
10,000.00
-
-
10,000.00
65,000.00
47,000.00
77,742.00
-
-
-
195,216.00
-
48,409.00
15,000.00
8,908.00
1,205.00
-
10,465.00
13,490.00
7,288.00
-
98,149.00
$ 607,872.00
60 7,872.00
$ 607,872.00
1,22 8,340.00
$ 1,228,340.00.
1,228,340.00
$ 1,228,340.00
ln crease/(Decrease)
t o Budget
20,000.00
468.00
3,212.00
10,000.00
100,500.00
47,000.00
77,742.00
3,232.00
5,560.00
51,060.00
207,096.00
17,056.00
48,409.00
33,794.00
10,858.00
3,705.00
1,070.00
10,465.00
14,508.00
7,288.00
15,521.00
98,149.00
$ 786,693.00
786,693.00
$ 786,693.00
57,718.00
1,27 1,137.00
$ ~28,lli:l!Q_
1,328,855.00
$ 1,328,855.00
GLAccount
301.2000.572.6900
301.2000.572.6900
30 1.2000.572 .6900
301.2000.572.6900
GLAccount
301.389.0000
302.1000.521.6900
GLAccount
302.389.0000
303.1200.522.6410
GLAccount
303.389.0000
304.1400.515.4600
GLAccount
304.389.0000
305.0900.541.6900
305.0900.541.6900
305.0900.541.6900
GLAccount
305.389.0000
City of Palm Beach Gardens
Budget Amendment -Ordinance 1, 2013
FYE 09/30/2013
Exhibit "2"
Expenditure/Project Name
Addit ional Budget
Adjustment
..... RECREATION IMPACT FUND
CIP -PGA Park Improvements -
CIP -Plant/Uiac Expansion -
CIP -Oty Park Expansion (Phase Ill) -
CIP-Gardens Park Parking Lot Expansion -
Total Increase to..J;_xpendlturi!S S .
Revenues
Appropriated Fund Balance -
Total Increase to Revenues $ .
POLICE IMPACT FUND
CIP -Police Emergency Operations Center .
302.1000.521.6900 Total -
Total Increase to Ex~endlture$ $ .
Revenues
Appropriated Fund Balance .
Total Increase to Revenues $ .
FIRE IMPACT FUND
Capital Equipment-Vehicle .
303.1200.522.6410 Total .
· Tqt a lJ!l~reaseJo • .Expe odJtures $· ' -
Revenues
Appropriated Fund Balance .
Total Increase to Revenues $ .
ART IMPACT FUND -·
Repair and Maintenance -
304.1400.515.4600 Total .
Total Increase to ExJ!!!ndlturi!S $ .
Revenues
Appropriated Fund Balance -
Total Increase. to Revenues $ -
ROAD IMPACT FUND
CIP -Traffic Signa l -Gardens Pkwy & Kew Gardens -
CIP-Traffic Signal-PBGHS Ulac & M ilitary Trail -
CIP-Intersection Im provements-PGA & Lake Vicotoria Gardens -
305.0900.541.6900 Total .
Total Increase to Ex~endltures S -
Revenues
Appropriated Fund Balance -
Total Increase to Revenues $ -
Grand Total All Funds $ 10,000.00
$
10,000.00
10,000.00
Reserved for
Encumbrances
19,087.00
-
3,248.00
-
$ 22,335.00
22,335 .00
$ 22,335.00
16,471.00
16,471.00
$ 16,471.00
16,471.00
$ 16,471.00
41,562.00
41,562.00
$ 41,562.00
41,562.00
$ 41,562.00
-.
$ .
-
$ .
323,261.00
-
-
323,261.00
$ 323 261,00
323,261.00
$ 323,261.00
$ 672,965.00
672,965.00
$ 672,965.00
Designated for
Projects
134,429.00
465,140.00
34,625.00
6,7 25.00
$ 640,919.00
640,919 .00
$ 640,919.00
178,820.00
178,820.00
$ 178,820.00
178,820.00
$ 178,820.00
.
.
$ -
-
$ .
118,864.00
118,864.00
$ 118,864.00
118,864.00
$ 118,864.00
32,094.00
215,774.00
498,100.00
745,968.00
$ 745968.00
745,968.00
$ 745,968.00
$ 3,520,783.00
3,520, 783.00
$ 3,520,783.00
Increase/( Decrease)
to Budget
$
$
$
$
$
$
$
$
s
$
$
$
153,516.00
465,140.00
37,873.00
6,725.00
663,254.00
663,254.00
663,254.00
195,291.00
195,291.00
195,29!&1t
195,291.00
195,291.00
41 ,562.00
41,562.00
41562.00
41,562.00
41,562.00
118,864.00
118,864.00
118864.00
118,864 .00
118,864.00
355,355.00
215,774.00
498,100 .00
1,069,229.00
1 069,229.00
1,06 9,229.00
1,069,229.00
4,2o3,748.oo I
4,203,748.00
4,203, 748.00
TO:
DATE:
FROM:
CITY OF PALM BEACH GARDENS
MEMORANDUM
Community Services Department
Ron Ferris, City Manager
1/17/2013
Tim Kasher, Golf Operati~irector --(l-"
Todd Engle, City Engineer 1~
RECEIVED
JAN 1 7 2013
CITY MANAGER
THROUGH: J .E. Doughney Ill, Deputy City Manager S::::~~<s~~
SUBJECT: Capital Funding Prioritization: Golf Course Irrigation Modernization
In reviewing all approved Community Services Department projects within the five-(5) year
Capital Improvement Program (CIP), we believe that the Golf Course Modernization Project will
most benefit the City. The Golf Course is the last public facility to undergo modernization.
Accelerating the irrigation portion of the project will provide a foundation for the remaining
project elements.
The Palm Beach Gardens Golf Course is currently operating with the original 22-year old
irrigation system. The ageing system has provided challenges for the Golf Division over the
past several years. Some of these challenges include:
1. Main Breaks: Over the past years, irrigation breaks have become more prevalent
and costly, consuming staff time, operation expenses and resources.
2 . Location of System: The irrigation system is approximately six-(6) feet below
grade making any type of maintenance on the system extremely difficult.
3. Disruption of Play -Repairs can cause disruption of course traffic angering golf
patrons and taking holes out of commission, which, in turn, affect revenues.
4. Wiring: The current wiring is a direct bury. The wiring needs to be in conduit to
protect against the elements and protect the City's investment.
5. Turf Protection: If the system fails during summer months when temperatures are at
there highest, or if there is a threat of no water on a green, this could produce
irreversible effects.
6. Isolation Valves: During an irrigation break, zones may require to be shut down due
to numerous malfunctioning isolation valves.
Many steps have been taken in the past several years to operate as efficiently as possible with
the outdated irrigation infrastructure. One example of this is that an irrigation software control
system was installed, which can be accessed remotely and helps better monitor watering
patterns seven (7) days per week. This control system, when partnered with new infrastructure,
will bring the irrigation system up to best practice standards in the golf industry. The
acceleration of this project will help alleviate potential future operating expenses, as well as best
serve the golf course patrons with providing the most efficient and effective irrigation system. If
approved, the irrigation modernization can be completed within this fiscal year.
cc: Todd Engle, City Engineer
ooJ. f::«;;. 53'1. ~co .
(!Ga. 01tj~
TO:
CITY OF PALM BEACH GARDENS
MEMORANDUM
Ron Ferris, City Manager DATE: February 14, 2013
FROM: Stephen J. Stepp, Chief of Police ~
SUBJECT: Security Upgrades to City Facilities
Due to the increase of 'active shooter' incidents around the country, we have
had recent discussions about overall security at our City buildings. Based on
an initial committee meeting, involving participants from each department,
we are in the process of reviewing and upgrading our physical infrastructure,
training, and the formulation of a multi-hazard crisis response plan.
The infrastructure upgrades include additional security cameras at strategic
locations, some target hardening, and a warning system. The security
camera enhancements also include monitors and a recording device. The
target hardening includes several door and locking devices to strengthen
certain areas. The warning system includes monitors, buzzers, and alarm
systems. The estimated cost of these upgrades, along with training and
developing an enhanced crisis response plan should not exceed $50,000.
SJS/km
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ronald M. Ferris, City Manager DATE: January 17 ,2013
APPROVED:
FROM: Peter T . Berge!, Fire Chief ~
SUBJECT: Capital Projects
Per our discussions concerning capital projects at the January 16 , 2013 Department Head
Meeting please find below Fire Rescue 's recommendations for capital items not funded
in the current year budget. -
Emergency Generator for Fire Station 1: Currently , Fire Rescue receives emergency
power from the City Hall generator. Fire Station 1 will be removed from the City Hall
generator and isolated as a stand-alone building. Fire Rescue has budgeted $48,000 to
install this emergency generator for Fire Station 1.
We are currently in the planning and purchasing stage of this project and have determined
that the generator should be housed in a covered structure to increase the longevity of this
equipment. However, the current budgeted amount will not cover the cost of
constructing a structure to house the generator.
Fire Rescue has proposed that we construct an addition on the west side of the fire
training tower for this purpose. Additionally, we are proposing to make the addition
large enough to accommodate the storage of all equipment utilized at the Green Market.
This will allow us to remove the unsightly trailer and equipment that is used at the Green
Market and clean up the site behind Fire Station 1.
Based on preliminary meetings with City Staff we have estimated that we would need an
additional $50 ,000 to complete this project in an acceptable manner while providing the
appropriate protection for the emergency generator.
PAL~ BEACH GA~DENS
'"A illllqalt j,l4ce to II"-/~ •'Ott & play ..
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris, City Manager
DATE: February 14, 2013
FROM: Laura Schuppert, Director of Recreatio&
THROUGH : J. E. Doughney, Ill, Deputy City Manag~
SUBJECT: Riverside Youth Enrichment Exterior Court/Play Area Capital
Project
The Riverside Youth Enrichment Center (RYEC) currently has two (2) outdoor
play areas that consist of modular play equipment made for ages one (1) to five
(5). However, RYEC serves children ranging from infants to eleven (11) years of
age due to the aftercare program. There is a desire for greater variety in outdoor
play space to accommodate all children who participate at the Center.
Therefore, City staff included in the City's Five-year Capital Improvement Plan for
fiscal year 2013-2014 a new, fenced-in, multipurpose area that can
accommodate traditional games, such as 4-square, hop scotch, basketball, and a
small fitness/play cluster. The proposed project is estimated at $72,000.00 and
will be funded by the General Fund. The play area will be 25' x 40' and be made
up of a poured-in-place playground surface located at the east end of the
Center.
Please feel free to call me at 630-1115 if you have any further questions
regarding this project. Thank you for your consideration.
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: March 7, 2013
Ordinance 4, 2013
Subject/Agenda Item: Second Reading and Adoption -Adoption of proposed criteria and
application procedures for economic development ad valorem tax exemption pursuant to
Ordinance 21, 2012.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs:$ NA Council Action: cit/ (Total)
1 Approved
R~ Ma)(Lohman, Esq. $ NA 1 Approved w/
City Attorney Current FY Conditions
1 Denied
1 Continued to:
Advertised: NA Funding Source:
Date: 2/20/13 [ 1 Operating Attachments:
Paper: The Palm [x 1 Other Ordinance 4, 2013
Beach Post
[ x 1 Not Required
-------------------------------
Contract/Agreement:
Effective Date: NA
Submitted by: cdfE Expiration Date: NA
J!-
R. Ma~ Lohman, Esq.
Affected parties Budget Acct.#: NA
Approved by: [ 1 Notified
Meeting Date: March 7, 2013
Ordinance 4, 2013
Page 2 of2
BACKGROUND: On November 6, 2012, pursuant to Chapter 196, Florida Statutes, the
electorate of the City of Palm Beach Gardens authorized the City Council, through a voter
referendum, to grant property tax exemptions to new businesses and expansions of
existing businesses that are expected to create new jobs in the City. Such tax exemptions
may be granted pursuant to S. 3, Art. VII of the State Constitution.
Staff has developed the necessary criteria to be eligible to apply for the exemption and the
procedures through which such application will be processed. The City Council is under no
obligation to grant a tax exemption even if the requesting business is fully qualified to
receive it. Additionally, granting a tax exemption to one business will in no way establish a
legally sufficient precedent that would compel granting the same exemption to a different
but similarly situated business. All applications and businesses will be reviewed and vetted
on a "case-by-case" basis. Granting a tax exemption is a purely discretionary legislative
function.
By granting property tax exemptions to qualifying businesses, the City Council will be
utilizing an additional means of further developing and improving the economic
sustainability of the City. Staff believes that this Ordinance will provide the necessary
frame work to properly implement Ordinance 21, 2012.
COUNCIL ACTION: On February 7, 2013, the City Council approved Ordinance 4, 2013
on first reading by a vote of 4-0.
STAFF RECOMMENDATION: Staff recommends approval of Ordinance 4, 2013 as
presented on second and final reading.
1
2 ORDINANCE 4, 2013
3
4
5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
6 BEACH GARDENS, FLORIDA AMENDING CHAPTER 66.
7 TAXATION. BY CREATING A NEW ARTICLE VI. ENTITLED
8 ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION;
9 SECTIONS 66-301 THROUGH 66-310, INCLUSIVE, TO
10 ESTABLISH AN ECONOMIC DEVELOPMENT AD VALOREM TAX
11 EXEMPTION; PROVIDING DEFINITIONS; PROVIDING AN
12 APPLICATION CRITERIA ; PROVIDING A SUNSET DATE, A
13 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
14 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
15 AND FOR OTHER PURPOSES.
16
17
18 WHEREAS, the City Council of the City of Palm Beach Gardens desires to
19 support economic growth by providing financial incentives that will encourage new
20 businesses to relocate within its jurisdiction and existing businesses to expand, creating
21 employment opportunities that will benefit the entire community; and
22
23 WHEREAS, the City Council of the City Palm Beach Gardens has determined
24 that the granting of economic development ad valorem tax exemptions to new
25 businesses relocating to the City of Palm Beach Gardens and to businesses already
26 located in the City that are expanding in order to foster economic growth and increase
27 employment as allowed by state law is likely to encourage growth and further economic
28 development; and
29
30 WHEREAS, in accordance with state law, Ordinance 21, 2012 was submitted to
31 the voters for referendum on November 6, 2012 and was approved by the voters,
32 thereby authorizing the City Council to grant Economic Development Ad Valorem Tax
33 Exemptions for qualifying new businesses; and
34
35 WHEREAS, the City Council of the City of Palm Beach Gardens deems approval
36 of this Ordinance to be in the best interests of the health, safety, and welfare of the
37 residents and citizens of the City of Palm Beach Gardens and the public at large.
38
39
40 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
41 OF PALM BEACH GARDENS, FLORIDA that:
42
43 SECTION 1. Chapter 66. TAXATION. of the Code of Ordinances of the City of
44 Palm Beach Gardens is hereby amended to create a new Article VI. Economic
45 Development Ad Valorem Tax Exemption. and new Sections 66-301 through 66-311,
46 inclusive; providing that Article VI. shall hereafter read as follows:
Ordinance 4, 2013
1 ARTICLE VI. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION
2
3 Sec. 66-301. Definitions.
4
5 The following words, terms, and phrases, when used in this article, shall have the
6 meanings ascribed to them in this section, except where the context clearly indicates a
7 different meaning:
8
9 Applicant means any person, firm, partnership, or corporation that files an
10 application with the city seeking an economic development ad valorem tax exemption.
11
12 Business means any activity engaged in by any person, firm, partnership,
13 corporation, or other business organization or entity with the object of private or public
14 gain, benefit, or advantage, either direct or indirect.
15
16 Department means the Florida Department of Revenue.
17
18 Enterprise zone means an area designated as an Enterprise Zone pursuant to
19 Section 290.0065, Florida Statutes.
20
21 Expansion of an existing business means:
22
23 (1) As defined in Section 196.012(16), Florida Statutes, an expansion of an
24 existing business means:
25
26 a. A business establishing ten (1 0) or more jobs to employ ten (1 0) or
27 more full-time employees in the city; provided that such business falls
28 into the following industry clusters: medical and pharmaceutical;
29 aerospace and engineering; information technology; business and
30 financial services; research and development; or any other industry
31 cluster or company headquarters determined to be a targeted industry
32 and approved by the city council;
33
34 b. Any business establishing twenty-five (25) or more jobs to employ
35 twenty-five (25) or more full-time employees in the city, whose sales
36 factor of which, as defined by Section 220.15(5), Florida Statutes, for
37 the facility with respect to which it requests an economic development
38 ad valorem tax exemption is less than 0.50 for each year the
39 exemption is claimed; provided that such business falls into the
40 following industry clusters: medical and pharmaceutical; aerospace
41 and engineering; information technology; business and financial
42 services; research and development; and any other industry cluster or
43 company headquarters determined to be a targeted industry and
44 approved by the city council; or
45
46 c. Any business located in an enterprise zone.
Page 2 of 13
Ordinance 4, 2013
1 (2) Any expansion of an existing business must increase operations on a site
2 collocated with a commercial or industrial operation owned by the same
3 business that results in a net increase of employment of not less than ten
4 (1 0) percent. The ten (1 0) percent requirement does not apply to enterprise
5 zones.
6
7 Exemption Agreement means a written agreement entered into between the City
8 and an Applicant receiving an Exemption pursuant to this article, as described more
9 fully hereinbelow.
10
11 Improvements means physical changes made to real property consisting of
12 structures or other improvements placed on or under the land surface.
13
14 · New business means:
15
16 ® (1) As defined in Section 196.012(5), Florida Statutes, a new business means:
17
18 a. A business establishing ten (1 0) or more jobs to employ ten (1 0) or
19 more full-time employees in the city provided that such business falls
20 into the following industry clusters: medical and pharmaceutical;
21 aerospace and engineering; information technology; business and
22 financial services; research and development; and any other industry
23 cluster or company headquarters determined to be a targeted industry
24 and approved by the city council;
25
26 b. A business establishing twenty-five (25) or more jobs to employ
27 twenty-five (25) or more jobs to employ twenty-five (25) or more full-
28 time employees in this state, the sales factor of which, as defined by
29 Section 220.15(5), Florida Statutes, for the facility with respect to which
30 it requests an economic development ad valorem tax exemption is less
31 than 0.50 for each year the exemption is claimed; provided that such
32 business falls into the following industry clusters: medical and
33 pharmaceutical; aerospace and engineering; information technology;
34 business and financial services; research and development; and any
35 other industry cluster or company headquarters determined to be a
36 targeted industry and approved by the city council;
37
38 c. An office space in this state owned and used by a corporation newly
39 domiciled in the city; provided such office space houses fifty (50) or
40 more full-time employees of such corporation; and
41
42 d. Any business located in an enterprise zone.
43
44 (2) Any new business must first begin operation on a site clearly separate from
45 any other commercial or industrial operation owned by the same business.
46
Page 3 of 13
Ordinance 4, 2013
1 Real property shall have the meaning set forth in Section 192.001(12), Florida
2 Statutes, or any successor or amended version of that statute.
3
4 Sales factor shall be defined as set forth in Section 220.15(5), Florida Statutes.
5 The sales factor is a fraction, the numerator of which is the total sales of the taxpayer in
6 this state during the taxable year or period, and the denominator of which is the total
7 sales of the taxpayer everywhere during the taxable year or period.
8
9 Tangible personal property shall have the meaning set forth in Section
10 192.001 (11 )(d), Florida Statutes, or any successor or amended version of that statute.
11
12 Violation of Law shall mean a violation of any federal, state, or local law which, in
13 the sole discretion of the city council, is sufficiently serious that it would not be in the
14 best interest of the citizens of the City of Palm Beach Gardens that the violator be
15 granted or continue to receive the benefits of an exemption.
16
17 Sec. 66-302. Economic development ad valorem tax exemption established.
18
19 (a) There is herein established an economic development ad valorem tax
20 exemption (hereinafter the "exemption"). The exemption is a local option
21 tax incentive for new or expanding businesses which may be granted or
22 refused at the discretion of the city council.
23
24 (b) The exemption shall not accrue to improvements to real property made by
25 or for the use of new or expanding businesses when such improvements
26 have been included on the tax rolls prior to the effective date of this article
27 specifically granting a business an exemption as provided in this article.
28
29 (c) An exemption granted may apply up to one (100) percent of the assessed
30 value of all improvements to real property made by or for the use of a new
31 business and of all tangible personal property of such new business, or up
32 to one hundred (100) percent of the assessed value of all added
33 improvements to real property made to facilitate the expansion of an
34 existing business and of the net increase in all tangible personal property
35 acquired to facilitate such expansion of an existing business; provided that
36 the improvements to real property are made or the tangible personal
37 property is added or increased on or after the effective date of this article or
38 an ordinance specifically granting a business an exemption as provided in
39 this article.
40
41 (d) Property acquired to replace existing property shall not be considered to
42 facilitate a business expansion.
43
44 (e) No exemption will be granted for the land upon which a new or expanding
45 business is to be located.
46
Page 4 of 13
Ordinance 4, 2013
1 (f) Any exemption granted for a new or expanding business is transferable
2 between businesses; provided the transferee business complies with the
3 following:
4
5 (1) Continues to comply with all exemption requirements and conditions;
6
7 (2) Assumes in writing all of the obligation of the transferor business under
8 the exemption agreement; and
9
1 0 (3) Must receive the written approval of the subject transfer by city council
11 prior to transfer.
12
13 (g) The exemption shall not be available to any business which, at any time
14 within two (2) years prior to filing of the application, or at any time
15 subsequent to filing of the application but prior to adoption of the exemption
16 ordinance, was found guilty of a violation of law.
17
18 (h) The exemption shall. be granted by ordinance for every eligible project, as
19 determined by the city council at its discretion. The exemption may be
20 granted for a period up to ten (1 0) years from the date of adoption of this
21 article granting the exemption.
22
23 (i) No exemption shall be granted for the land upon which new or expanded
24 businesses are to be located.
25
26 0) Completed or Planned Improvements -A business may file under one of
27 the following two conditions:
28
29 (1) Completed Improvements -No exemption shall be granted to any
30 existing improvement or to an addition to an existing improvement
31 unless such improvement or addition was completed within the 12-
32 month period (January 1st to December 31st) preceding the application.
33
34 (2) Planned Improvements-The only exception to 0)(1) above is when a
35 business submits an application and the improvement or addition was
36 not completed within the 12-month period preceding the date of the
37 application and/or all tangible personal property improvements are not
38 in the building or addition at the time of filing the application, but the
39 application identifies all planned improvements, including the total
40 estimated amount of such improvements, none of which can be
41 changed or increased following adoption of the ordinance granting the
42 exemption.
43
44
45
46
Page 5 of 13
Ordinance 4, 2013
1 (k) The exemption shall apply only to taxes levied by the city. The exemption
2 shall not apply to taxes levied by the county, school district, or water
3 management district, or to taxes levied for the payment of bonds or taxes
4 authorized by a vote of the electors pursuant to Section 9 and Section 12,
5 Article VII of the Florida Constitution.
6
7 (I) The ability to receive an exemption for the period granted shall be
8 conditioned upon the applicant's ability to maintain the new business or the
9 expansion of an existing business as defined by the conditions of this
10 application throughout the entire exemption period.
11
12 (m) The decision of the city council to grant or deny an exemption shall be a
13 legislative decision. No precedent shall exist by reason of any decision to
14 grant or deny an exemption.
15
16 Sec. 66-303. Application for exemption.
17
18 (a) Any eligible person, firm, partnership, or corporation which desires an
19 exemption shall file with the city manager, or his designee, a good faith
20 written application prescribed by the department (DR-418) and shall pay the
21 applicable application fee as set forth in the city's fees and charges
22 schedule.
23
24 (b) The public hearing on the exemption ordinance will be held within sixty (60)
25 days of receipt of the property appraiser's report.
26
27 (c) The application must be filed no later than March 151 of the year in which the
. 28 exemption is desired to take effect.
29
30 (d) Within fifteen (15) days of receipt of a complete application, the city
31 manager, or designee, shall perform an initial screening of same in order to
32 determine if it facially meets all requirements to qualify for an exemption.
33
34 (e) If the city manager, or designee, determines that the application does not
35 facially qualify for .an exemption, the city manager shall so notify the
36 applicant in writing, and the applicant shall have thirty (30) days from the
37 date of such notice to appeal the city manager's determination to the city
38 council.
39
40 (f) If the city manager, or designee, determines that the application facially
41 satisfies all requirements to qualify for an exemption, the completed
42 application shall be referred to the property appraiser within fifteen (15) days
43 for evaluation and issuance of a report which shall include the following:
44
45
46
Page 6 of 13
Ordinance 4, 2013
1 (1) The total revenue available to the city for the current fiscal year from
2 ad valorem tax sources or an estimate of such revenue if the actual
3 total available revenue cannot be determined;
4
5 (2) The amount of any revenue lost to the city for the current fiscal year by
6 virtue of exemptions previously granted, or an estimate of such
7 revenue if the actual revenue lost cannot be determined;
8
9 (3) An estimate of the amount of revenue which would be lost to the city
10 for the current fiscal year if the exemption applied for was granted had
11 the property for which the exemption is requested otherwise been
12 subject to taxation; and
13
14 (4) A determination as to whether the property for which an exemption is
15 requested is to be incorporated into a new business or the expansion
16 of an existing business, or into neither, which determination the
17 property appraiser shall also affix to the face of the application. Upon
18 request, the department will provide the property appraiser such
19 information as it may have available to assist in making this
20 determination.
21
22 (g) The application shall request that the city council adopt an exemption
23 ordinance granting the applicant the exemption and shall include the
24 following:
25
26 (1) The name and location of the new business or the expansion of an
27 existing business;
28
29 (2) A legal description of the real property, a description of the
30 improvements to the real property for which an exemption is
31 requested, and the date of intended or actual commencement of
32 construction of such improvements;
33
34 (3) A description of the tangible personal property for which an exemption
35 is requested and the dates when such property was or is to be
36 purchased;
37
38 (4) Proof, to the satisfaction of the city council, that the applicant meets
39 the criteria for a new business or for an expansion of an existing
40 business as defined in this article;
41
42 (5) The following information:
43
44 a. The anticipated number of existing and new employees;
45
46 b. The expected number of employees that will reside in the city;
Page 7 of 13
Ordinance 4, 2013
1 c. The percentage of employees who have resided in the city for a
2 period of more than two (2) years;
3
4 d. The average wage of the employees;
5
6 e. The type of industry or business;
7
8 f. The environmental impact of the business;
9
10 g. The anticipated volume of business or production;
11
12 h. Whether the relocation or expansion would occur without the
13 exemption;
14
15 i. The cost and demand for services;
16
17 j. The sources of supplies (local or otherwise);
18
19 k. Whether the business is or will be located in a community
20 redevelopment area; and
21
22 I. The net positive contribution to the city's economy;
23
24 (6) Any other information deemed necessary by the city manager, or
25 designee.
26
27 (h) If a new business is locating to, or an expansion of an existing business is
28 occurring in, a community redevelopment area, the community
29 redevelopment agency advisory committee overseeing such area shall be
30 provided a copy of the application for review and comment. Such
31 comments shall be completed and provided to the city council within thirty
32 (30) days of receipt of the application by the community redevelopment
33 agency.
34
35 (i) The city manager, or designee, shall review the application based upon the
36 criteria set forth in this article. The review shall include, but not be limited
37 to, impact analysis, including the number of jobs generated, wage rates, and
38 capital investments.
39
40 U) Prior to the public hearing on the ordinance required under this article, the
41 city manager, or designee, will provide a recommendation to the city council
42 as to approval or denial, and degree and length of the exemption.
43
44 (k) All degrees and length of exemption recommendations should be based the
45 overall projected economic impact to the city.
46
Page 8 of 13
-------------------------
Ordinance 4, 2013
1 Sec. 66-304. City council consideration of application.
2
3 (a) Within sixty (60) days of receipt of the property appraiser's report, the city
4 council shall hold public hearings on the enactment of an ordinance granting
5 the exemption. During the time period between submittal of the application
6 to the property appraiser and the public hearing on the exemption
7 ordinance, interested agencies and parties shall have an opportunity to
8 review and comment on the application.
9
10 (b) The threshold for consideration of approval shall be a determination as to
11 whether the business meets the definition of a new business or of an
12 expansion of an existing business as defined in this article, and whether the
13 business is a business which is not ineligible as defined in paragraph (d) of
14 this section.
15
16 (c) The next levels for consideration of approval shall be:
17
18 (1) To determine whether the economic benefit test is met;
19
20 (2) To determine that the improvements or tangible personal property are
21 not currently on the tax roll; and
22
23 (3) To determine that the improvements or tangible personal property are
24 not already substantially complete and usable for their intended
25 purpose.
26
27 (d) Any existing business in violation of any federal, state, or local law or
28 regulation governing environmental matters may not be eligible for an
29 exemption.
30
31 (e) The city council recognizes that a community redevelopment area's funding
32 may be impacted should an exemption be granted in such an area.
33 Therefore, should the council receive an objection to the exemption from a
34 community redevelopment agency advisory committee, the council may
35 consider the objection in their deliberations.
36
37 (f) When considering the adoption of an ordinance granting the exemption, the
38 city council shall consider the city manager's recommendation, the
39 application, and the report of the property appraiser on the application, and
40 the following criteria:
41
42 (1) The number of new jobs projected to be established in the city;
43
44 (2) The average wage paid with respect to the new jobs;
45
46
Page 9 of 13
Ordinance 4, 2013
1 (3) The estimated amount of capital investment to be made by the
2 business in the city;
3
4 (4) The extent to which the business may qualify as (i) an innovation
5 business, as defined in Section 288.1 089(2)0), Florida Statutes, (ii) a
6 business in a targeted industry as identified from time to time by the
7 city council, or (iii) a business which may otherwise encourage the
8 location or expansion of other businesses in the city;
9
10 (5) The extent to which the business is likely to procure materials or
11 supplies from other local businesses; and
12
13 (6) The net positive contribution to the local economy.
14
15 (g) No precedent shall be implied or inferred by the granting of an exemption to
16 a new or expanding business. Applications for exemptions shall be
17 considered by the city council on a case-by-case basis for each application,
18 after consideration of the application, the property appraiser's report on the
19 application, and where appropriate, objections from a community
20 redevelopment agency advisory committee.
21
22 Sec. 66-305. Ordinance granting exemption.
23
24 An exemption ordinance shall be adopted in the same manner as any other
25 ordinance of the city and shall include the following:
26
27 (a) The name and address of the new or expanding business to which the
28 exemption is granted;
29
30 (b) The total amount of revenue available to the City from ad valorem tax
31 sources for the current fiscal year, the total amount of revenue lost to the
32 city for the current fiscal year by virtue of the exemptions currently in effect,
33 and the total estimated revenue loss to the city for the current fiscal year
34 attributable to the exemption of the business named in the ordinance;
35
36 (c) The amount of the exemption, stated as a percentage of the assessed value
37 of all improvements or tangible personal property subject to the exemption;
38
39 (d) The period of time for which the exemption will remain in effect and the
40 expiration date of the exemption; and
41
42 (e) A finding that the business named in the exemption ordinance meets the
43 requirements of section 196.012(15) or (16), Florida Statutes.
44
45
46
Page 10 of 13
Ordinance 4, 2013
1 Sec. 66-306. Exemption agreement.
2
3 No exemption granted hereunder shall be effective until the business enters into
4 an exemption agreement with the City. The exemption agreement shall contain (1) a
5 clear acknowledgment by the business that the exemption shall continue to exist only
6 for so long as the business continues to meet all exemption requirements, and (2) such
7 other matters that may required by the city.
8
9 Sec. 66-307. Revocation of exemption/recovery of funds.
10
11 Should any new business or expansion of an existing business fail to file the
12 annual report or any other report required in this article, or fail to continue to meet the
13 definition of a new business or an expansion of an existing business, and/or fail to fulfill
14 any other representation made to the city council during the application process, the city
15 council may adopt an ordinance revoking the ad valorem tax exemption. An ordinance
16 revoking the ad valorem tax exemption may provide that the city recover any taxes
17 waived during the exemption period. Nothing herein shall prohibit a business from
18 reapplying for an ad valorem tax exemption pursuant to state law and this chapter.
19
20 Sec. 66-308. Continuing performance.
21
22 (a) The business shall continue to meet all exemption requirements during the
23 term of the exemption;
24
25 (b) No later than March 1 of each year during the term of the exemption, the
26 business shall provide an annual report to the city manager, or designee,
27 which shall certify and contain satisfactory proof, that the business
28 continues to meet all exemption requirements as set forth in this chapter,
29 the ordinance granting the exemption, the exemption agreement and the
30 representations made in the application process;
31
32 (c) The business shall timely comply with all requirements of Section 196.011,
33 Florida Statutes, during the term of the exemption; and
34
35 (d) The business shall immediately advise the city of any failure by the business
36 to meet all exemption requirements.
37
38 Sec. 66-309. Revocation of exemption.
39
40 (a) The city council may revoke or revise the exemption at any time if the city
41 council determines in its sole discretion that (i) the business no longer
42 meets all of the exemption requirements; (ii) the application of any annual
43 report contains a materially false statement, such that the exemption likely
44 would not have been granted or continued if the true facts had been known;
45 or (iii) the business is found guilty of a violation of law; and
46
Page 11 of 13
Ordinance 4, 2013
1 (b) If it is determined that the business was not in fact entitled to an exemption
2 in any year for which the business received an exemption, the city, property
3 appraiser or tax collector shall be entitled to recover all taxes not paid as a
4 result of the exemption, plus interest at the maximum rate allowed by law,
5 plus all costs of collection, including, without limitation, reasonable
6 attorney's fees.
7
8 Sec. 66-310. Sunset provision.
9
10 This article shall stand repealed effective November 6, 2022, unless renewed by
11 a referendum at a general or special election held upon, prior to, or in the same month
12 as that date, as is authorized under the provisions of Section 196.1995(1 )(2) and (6),
13 Florida Statutes, or any successor or amended version of that statute.
14
15 Sec. 66-311. Severability.
16
17 If any provision of this Article VI is held invalid, the invalidity shall not affect other
18 provisions which shall be given effect without the invalid provision. To this end, the
19 provisions of this Article VI are declared to be severable.
20
21 SECTION 2. Each and every other section and subsection of Chapter 66.
22 TAXATION. shall remain in full force and effect as previously enacted.
23
24 SECTION 3. All ordinances or parts of ordinances in conflict be and the same
25 are hereby repealed.
26
27 SECTION 4. Should any section or provision of this Ordinance or any portion
28 thereof, any paragraph, sentence, or word be declared by a court of competent
29 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
30 this Ordinance.
31
32 SECTION 5. Specific authority is hereby granted to codify this Ordinance.
33
34 SECTION 6. This Ordinance shall take effect immediately upon adoption.
35
36
37 (The remainder of this page intentionally left blank)
38
39
40
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43
44
45
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----------------
Ordinance 4, 2013
fli-t\
PASSED this day of tt.b(\A.O...r-~ , 2013, upon first reading.
PASSED AND ADOPTED this __ day of _______ , 2013, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY: --------------Robert G. Premuroso, Vice Mayor
Marcie Tinsley, Councilmember
Joseph R. Russo, Councilmember
Eric Jablin, Councilmember
ATTEST:
BY:
--------------~----------Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: --------------------------R. Max Lohman, City Attorney
FOR AGAINST ABSENT
G:\attorney_share\ORDINANCES\2013\0rdinance 4 , 2013 Economic Development Tax Abatement. doc
Page 13 of 13
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: March 7, 2013
Resolution 19, 2013
Subject/Agenda Item:
Donald Ross Village Planned Unit Development (PUD}
Consideration for Approval: A request on behalf of Donald Ross Gas, Inc. for an
amendment to the Donald Ross Village Planned Unit Development (PUD) for approval of two
(2) waivers to amend and relocate the existing monument sign. The Donald Ross Village
PUD is located at the southeast corner of Central Boulevard and Donald Ross Road .
[X] Recommendation to APPROVE with two (2} waivers
[ ] Recommendation to DENY
Reviewe by:
f Planning &
Approved By:
Originating Dept.:
Planning & Zoning:
P ~~ger _
~
Peter Hofheinz, AICP
Planner
Finance:
Accountant
1-------------1 Fees Paid: Yes
[X] Quasi -Judicial
[ ] Legislative
Funding Source:
t-[_X_] _P_u_b_lic_H_e_a_ri_n_g _ _, [ ] Operating
Advertised:
[X] Required
[ ] Not Required
Paper: Palm Beach
Post
Date: 02/20/2013
[X] Other N/A
Budget Acct.#:
N/A
Contract/Agreement:
t----------1 Effective Date:
N/A
[ ] Not Required Expiration Date:
N/A
Council Action:
] Approved
] Approved w/ Conditions
] Denied
] Continued to: __
Attachments:
• Development Application
• Project Narrative
• Location Map
• Resolution 19, 2013 with
Exhibit "A"
EXECUTIVE SUMMARY
Meeting Date: Ma rch 7, 2013
Resolution 19, 2013
Page 2 of6
The subject request on behalf of Donald Ross Gas, Inc. is to amend the Donald Ross Village
site plan to relocate the existing gasoline station monument sign and modify the current sign
elevation. The overall changes will help increase the visibility of the sign due to the existing
conflicts with landscaping. Staff recommends approval of the subject request.
BACKGROUND
On April 10, 2003, the City Council adopted Ordinance 53, 2002, which approved the Donald
Ross Village Planned Unit Development (PUD). The master plan was divided into two (2)
phases of development. Phase I of the Donald Ross Village PUD was approved for 9,000
square feet of professional office, a 3,236-square-foot convenience store with gas sales, a
4,000-square-foot bank, a 14,873-square-foot drug store, 13,000 square feet of restaurant
space, 2,400 square feet of outdoor restaurant seating, 57,487 square feet of retail use, and
156 multi-family dwelling units.
On September 25, 2005, City staff approved an administrative amendment to the site plan of
the gasoline station at Donald Ross Village. The amendment allowed a minor adjustment to
the location of the convenience store , reconfigured the rear dumpster area, expanded the car
wash area, and modified the gasoline station canopy area.
On November 18, 2005, the City Council adopted Resolution 210, 2004, which approved
Phase II of the project. Phase II consists of a 93-room hotel, a 13,500-square-foot retail
building, an 18,387-square-foot medical office building, and a 20,000-square-foot fit ness
center.
On August 19, 2010, the City Council adopted Resolution 51, 2010, which approved an
amendment to the Donald Ross Village PUD to modify the locations of two (2) monument
signs located along Donald Ross Road .
LAND USE & ZONING
The subject site is located within the Donald Ross Village development and has a zoning of
Planned Unit Development (PUD) overlay with an underlying zoning of Mixed Use (MXD) and
has future land-use designations of MXD and Commercial (C).
Table 1. Existing Zoning Land-Use Designations
EXISTING USE ZONING
Subject ProQertv Planned Unit Development (PUD) I Mixed
Donald Ross Village Use (MXD)
North
Abacoa DRI Mixed Use Community Commercial
(Town of Jupiter)
South Public Institutional (PII) Dwyer High School
West Planned Unit Development (PUD) I Mixed
Legends at the Gardens Use (MXD)
East Planned Community Development (PCD) I
Evergrene Residential Low-3 (RL-3)
CONCURRENCY
Meeting Date: March 7, 2013
Resolution 19, 2013
Page 3 of6
FUTURE LAND USE
Mixed Use (MXD) I Commercial
(C)
Mixed Use
Public (P)
Mixed Use (MXD)
Residential Medium (RM)
The subject petition does not propose any modifications to the existing concurrency
approvals.
PROJECT DETAILS
Site Details
The Donald Ross Village PUD is generally located on the south side of Donald Ross Road
between Central Boulevard and North Military Trail and encompasses approximately 45
acres. The PUD is surrounded by a natural preserve buffer that was required as part of the
project's original approval. The site is accessed from six (6) individual entrances: one (1) is
located along Central Boulevard; three (3) along Donald Ross Road; and two (2) along North
Military Trail. The subject site of this petition is the gasoline service station parcel that is
located in the northwest corner of the PUD, at the intersection of Central Boulevard and
Donald Ross Road. The gasoline station site has a direct "right-in only" entrance located on
Donald Ross Road and can be accessed by internal driveways within the PUD. No changes
to the existing access points are proposed with this petition.
Sign age
The PUD has a total of 4,034 linear feet of right-of-way (ROW), which allows for a maximum
of six (6) ground signs per Section 78-285 of the City's Code. Each entrance to the PUD is
identified with a monument sign. No additional signs are being proposed with this petition.
Proposed Signage Modifications
The Applicant is proposing to relocate the gasoline station monument sign. On August 19,
2010, the City Council adopted Resolution 51, 2010, which was a similar request to re-orient
two (2) monument signs located to the east of the gasoline station to improve signage
visibility. The previously approved request was for a five-(5) foot setback, and the current
request is for a seven-(7) foot setback, which is two (2) feet less. The proposed sign is
oriented perpendicular to Donald Ross Road instead of parallel to allow for improved visibility
to motorists. The existing sign maintains a setback of 15 feet from the Donald Ross Road
Meeting Date: March 7, 2013
Resolution 19, 2013
Page 4 of6
ROW as required by City Code. With the proposed relocation, the sign will maintain a setback
of seven (7) feet from the Donald Ross Road ROW. The Applicant's request to reduce the
setback requires the approval of two (2) waivers (see Waiver section).
The Applicant is also proposing to update the sign elevation with this request. The updated
sign elevation will contain two (2) sign faces; which are permitted by City Code. The existing
ground sign has only one (1) sign face . In addition, the Applicant will update the sign to
include the Code-required three-(3) foot sign base. The architectural design, color, and font of
the proposed gasoline station ground sign will remain consistent with the Donald Ross Village
signage program. The proposed sign size is within the dimensional requirements of the City's
Code.
Landscaping
The Donald Ross Village PUD maintains a consistent landscaping theme. The project is
surrounded on three (3) sides (west, north, and east) by an upland preserve that was
required to be protected during the initial approval of the project. The proposed landscaping
around the monument sign will be consistent with the overall project's theme and will have no
impact on the protected preserve.
Waiver Requests
The Applicant has requested two (2) waivers with this petition .
Table 2. Waiver Requests
Code Section Requirement Proposal Waiver Staff
Support
1 78-285, Table 24, Minimum 15' setback 7' Setback 8' Setback Approval Permitted Signs
Front: Minimum 8'5" Front: 4' of landscaping 4 '5" in the width of landscaping front and
2 Section 78-287(b) Sides: Minimum 8'5" East Side: 4 ' of landscaping east sides Approval
width of landscaping of sign
1) The Applicant is requesting a waiver from City Code Section 78-285, Table 24, Ground
Signs, to allow the gasoline station monument sign to be located seven (7) feet from the
Donald Ross Road ROW. City Code requires ground signs to have a minimum 15-foot
setback from the ROW. Approval of the requested waiver will allow the minimum ground
sign setback to be reduced from 15 feet to seven (7) feet.
The gasoline station has very limited visibility due to the natural preserve that surrounds
the Donald Ross Village PUD. This places greater importance on the monument sign for
motorists to locate the site. The original gasoline station monument sign was setback from
the Donald Ross Road ROW 15 feet and was positioned to be parallel to the roadway.
Over time, as the natural preserve has matured and filled in, it has obscured the sign's
visibility from passing motorists. In addition , the sign's parallel orientation has only afforded
the sign to have one (1) sign face, whereas City Code allows for two (2) sign faces .
Meeting Date: March 7, 2013
Resolution 19, 2013
Page 5 of6
The Applicant is requesting the monument sign be moved seven (7) feet from the Donald
Ross Road ROW and oriented perpendicular to the road. In total, the sign will be setback
52 feet from the back of the curb of Donald Ross Road. Staff is supportive of the
Applicant's request because the monument sign's functionality and visibility for site
identification will be significantly improved. The Applicant's proposed sign modifications will
increase motorist and pedestrian safety by making it easier to identify and locate the
gasoline station. In addition, orienting the sign perpendicular to the roadway will allow the
sign to have an additional sign face. The second sign face will allow the sign to be visible
for motorists traveling westbound on Donald Ross Road.
2) The Applicant is requesting a waiver from City Code Section 78-285, Table 24, Note 2:
Ground Sign Landscaping, to allow for a four-(4) foot five-(5) inch reduction in the required
landscaping on both the north (front) and east sides of the gasoline station monument
sign. City Code requires the width of landscaping around a ground sign to be equal to the
height of the sign. The proposed gasoline station monument sign is eight (8) feet five (5)
inches tall, which would require a minimum eight (8) feet five (5) inches of landscaping
around the sign.
The Applicant is able to comply with the monument sign landscaping requirement along
the west side and rear of the sign; however, the new sign location does not allow the
required landscaping on the north (front) or east sides of the sign. It is important to note
that if the sign is setback as proposed, approximately 45 feet of landscaping still remains
between the Donald Ross Road ROW line and the Donald Ross Road back of curb.
There is an existing Art in Public Places (AIPP) statue located in the vicinity of the monument
sign. A suitable position and setback for the sign has been taken into consideration so that
public visibility of the AIPP statue is maintained. The monument sign is positioned in harmony
with the AIPP statue and will be smaller than what is allowed by City Code.
Staff Analysis
Staff is supportive of the Applicant's requested waivers to allow a reduction in the required
monument sign setback and landscaping size requirement. A comparable request was
approved by City Council with Resolution 51, 2010 for the two (2) monument srgns located to
the east of the gasoline station. The previous request included a five-(5) foot setback, which
is two (2) feet more than the current request for a seven-(7) foot setback. The intent of the
signage Code provisions is to prevent visual clutter that could be harmful to vehicular traffic,
pedestrians, and the community's appearance. These provisions help deter signage from
becoming a nuisance to the property itself and adjacent properties. City staff has worked with
the Applicant on finding a suitable location for the sign that meets the overall intent of the
City's signage code. The proposed sign modifications are consistent with the aesthetic quality
of the City and the Donald Ross Village PUD. The ground sign's architecture, color, and
design will remain consistent with the other PUD monument signs and buildings.
DEVELOPMENT REVIEW COMMITTEE (DRC)
On August 21, 2012, the subject petition was reviewed by the DRC. At this time, all
comments related to the project have been satisfied.
PLANNING, ZONING, AND APPEALS BOARD (PZAB)
Meeting Date: March 7, 2013
Resolution 19 , 2013
Page 6 of6
On February 12, 2013, the PZAB recommended approval of the subject petition by a vote of
7-0.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 19, 2013 as presented.
l
l
CITY OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Department 7JtU)A-I;J-o7-dOoo'l/
CITY OF PALM BEACH GARDENS
10 5 00 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4243 Fax (561) 799-4281
Request:
C;Planned Community Development (PCD)
0Planned Unit Development (PUD)
!X:Amendment to PCD, PUD or Site Plan
0Conditional Use
r :Amendment to the Comprehensive Plan
0Administrative Approval
[JAdministrative Appeal
L !Annexation
C ;Rezoning
f!Site Plan Review
[]Concurrency Certificate
0Time Extension
OMiscellaneous
COther ....__( ____ __,___
Date Submitted: 1_ _____ 71 ~~~~12_
Project Name: Donald Ross Village Gas Station Sign Amendment
Owner: Donald Ross Gas, Inc.
Applicant (if not Owner): Donald Ross Gas, Inc.
----------~---------------------------------
Applicant's Address:4750 Donald Ross Road, PBG, FL 30'TelephoneNo.561-329-1195
Agent: Urban Design Kilday Studios
Contact Person: Marty Minor, AICP E-Mail: mminor@udkstudios .com
Agent's Mailing Address: 477 S. Rosemary Avenue, #225, West Palm Beach, FL 33401
Agent's TelephoneNumber:_5_6_1-_36_6-_1_1_o_o -----------------------
FOR OFFICE USE ONLY
Petition Number: _____ _ Date & Time Received: ______ _
Fees Received
Application$
Receipt Number: _______ _
-___ " _____________ _
Architect:N/A -------------------------------
E . N/A ng1neer: _____________________________ _
PI Urban Design Kilday Studios anner: -------------------------------
L d A h . Urban Design Kilday Studios an scape rc 1tect: __________________________ _
Site lnfQrmation: Note: Petitioner shall submit electronic digital files of
approved projects. See attac~ment for details.
G I L
. . Southeast comer of Donald Ross Road and Central Boulevard enera ocat1on: ---------------------------
Add 4750 Donald Ross Road ress: -------------------------------
S . · 25 T h' 41 R 42 ect1on: _·_______ owns 1p: ________ ange: ______ _
P . C IN b ( ) 52-42-41-25-14-003-0020 roperty ontro urn er s : ______________________ _
A 0.8749 acres C z . PUD/MXD R dZ . PUD/MXD creage: urrent onmg: _______ equeste onmg: _____ _
· X500 Flood Zone ______ Base Flood Elevation (BFE) -to be indicated on site plan __ _
Current Comprehensive Plan Land Use Designation: MXD ~----------------
Ex . . L d U Gas Station d d Gas Station 1stmg an se: Requeste Lan Use: ---------------------
Proposed Use(s) i.e. hotel,singlefamily residence,etc.: ____ __
Gas Station
P d S F b U Existing 3,236 s.f. gas station.
ropose quare ootage y se: -----------------------
ProposedNumberandType of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable):
N/A
2
Justification
Information concerning all requests (attach additional sheets if needed.)
{Section 78-46, Application Procedures, Land Development Regulations.}
1. Explain the nature of the request: The applicant, Donald Ross Gas, Inc., is requesting a Planned
Unit Development amendment for the relocation of the approved gas station sign within Donald Ross Village.
Similar to what was approved for the two Donald Ross Village monument signs along Donald Ross Road, the
applicant is seeking to relocate the existing gas station sign five feet from the Donald Ross Road right-of-way.
Currently, the sign can not be seen by motorists. Please see the Project Narrative attached.
2. What will be the impact of the proposed change on the surrounding area?
There will be no impact to the surrounding area.
3. Describe how the rezoning request complies with the City's Vision Plan and the fo11owing elements
of the City's Comprehensive Plan-Future Land Use, Transportation, Housing, Infrastructure,
Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination
and Capital Improvement.
Not applicable.
3
4. How does the proposed project comply with City requirements for preservation of natural
resources and native vegetation (Section 78-301, Land Development Regulations)?
Not applicable.
S. How will the proposed project comply with City requirements for Art in Public Places (Chapter
78-261, Land Development Regulations)?
Not applicable.
6. Has project received concurrency certification?
Yes and the project is currently deemed built out and vested.
Date Received:
Legal Description of the Sub jed; Property
(Attach additional sheets if needed)
Or see attached deed for legal description.
Location
The subject property is located approximately SE mUe{st-fremtheintersectionof Central Bl'fi.
and Donald Ross Road , onthel lnorth,Qeast,0southUwest sideof_D_o_na_ld ___ _
Ross Road (street/road). -----------------------------------
4
Statementof Ownership and Designationof AuthorizedAgmt
Before me, the undersigned authority, personally appeared Jay Goldwasser of Donald
Ross Gas, Inc. who, being by me first duly sworn, on oath deposed and says: -----------------------
1. That he/she is the fee simple title owner of the property described in the attached
Legal Description.
2. Th t h I h . 1. PUD Amendment for Monument Sign Revision a e s e IS reques mg in the
3.
------------------------------------City of Palm Beach Gardens, Florida.
That he/she has appointed Marty Minor and Urban Design Kilday Studio
as authorized agent on his/her behalf to accomplish the above project.
Donald Ross Gas, Inc.
to act
er: ____________________________________________________ _
Street Address
P. 0. Box
561-329-1195
TelephoneNumber
goldwasserj@aol.com
E-mail Address
Sworn and subscribed before me this
My Commission expires: ¥ l~,.;w\le
Jay Goldwasser, President
By: Nameffitle
Palm Beach Gardens, FL 33401
City, State, Zip Code
City, State, Zip Code
Fax Number
5
Applicant's Certificatio-n _______ ----
I!We affirm and certifY that I/we understand and will comply with the land development regulations of
the City of Palm Beach Gardens, Florida. I We further certifY that the statements or diagrams made on
any paper or plans submitted here with are true to the best of my/our knowledg~ and belief. Further,
I/we understand that this application, attachments, and application filing fees become a part of the
official records of the City of Palm Beach Gardens, Florida, and are not returnable.
Applicant is:
I Owner-
C Optionee
C Lessee
P' Agent
I Contract Purchaser
Signatureof Applicant
Marty R.A. Minor, AICP
Print Name of Applicant
477 S. Rosemary Avenue, #225
Street Address
West Palm Beach, FL 33401
City, State, Zip Code
561-366-1100
TelephoneNumber
561-366-1111
Fax Number
mminor@udkstudios.com
E-Mail Address
6
Palm Beach Gardens Planning and Zoning Department
10500 North Military Trail, Palm Beach Gardens, FL 33410
561-799-4230 ..
Permit#----------------------~-----------
Financial Responsibility Form
The owner understands that all City-incurred professional fees and expenses associated with the
processing of this application request are ultimately the responsibility of the owner. A security
deposit shall be deposited in an interest-bearing account with any accrued interest to be retained by the
City of Palm Beach Gardens.
The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not
limited to, consultant engineering services, legal services, advertising costs, and/or any other costs
attributable to the processing of the permit for which the City incurred during the previous month. The
owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is
not received, the City may utilize the security deposit for re-imbursement purposes. All activities related
to the pending permit(s) will cease until any outstanding invoices are paid.
The owner/designee further understands that transfer of this responsibility shall require a
completed form, signed and notarized by the responsible party, and delivered to the City Planning
and Zoning Department if the name and/or address of the responsible party changes at anytime
the appli tion review process.
y Goldwasser, President, Donald Ross Gas, Inc.
Owner printed name
DESIGNEE/BILL TO:
Donald Ross Gas, Inc.
4 750 Donald Ross Road
Palm Beach Gardens, FL 33418
Dat~
52-42-41-25-14-003-0020
Property Control Number
Designee Acceptance Signature
NOTARY ACKNOWLEDGEMENT
STATE OF _E~t:;Y"-1-.l.~\udu.;lA~------
COUNTYOF 1?c&ro fiexG\6
I hereby certify that the foregoing instrument was acknowledged before me this ~ta"ay of
,}\LO£ , 20.ld,._b~ ~~(~\dl~~ : He_ors~eis personally known
to e or has produced 'f'\C?Oa. Q!~ i~t~ as Identification.
Printed name
State of Ft~12e.t at-large
SANDRA J. MEGRUE
Notary Public • Stitt Dl Rorlda
• My CDRIII. bplrn Aug"13, 2018
Commlalion tl EE 19283&
Bonded lbrDUgli Hlllionll Notary Am.
My Commission expires:~~ 1 ~ lo1c;IDH"'
----~---------------------
Request
PROJECT NARRATIVE
Donald Ross Village
PUD Amendment
Gas Station Monument Sign Relocation
Jl:dy 19, 2Q12
Oeteber li, 2Q12
January 16, 2012
Urban Planning and Design
Landscape Architecture
Communication Graphics
The request, on behalf of Donald Ross Gas, Inc., for a Planned Unit Development Amendment, for the
existing Shell gas station in the Donald Ross Village Planned Unit Development located at 4750 Donald
Ross Road in Palm Beach Gardens. The request is to amend the existing gas station sign and relocate it
so it may be seen by passing motorists. Currently, this sign is located parallel to Donald Ross Road and
is difficult to safely view. The sign's parallel orientation has prevented the sign from functioning
properly, much to the impairment of the gas station and the overall PUD. The request to re-orient the
signs to be perpendicular to Donald Ross Road will allow for greater visibility for the gas station and the
overall project without impacting the quality and aesthetics of the project and streetscape. The overall
site has a zoning designation of Planned Unit Deve lopment (PUD) and a Future Land Use Designation of
Commercial and Mixed-Use. To the south is the William T. Dwyer Community High School, to the north
is the Abacoa Shopping Center, to the east is the Evergrene PCD, and to the west is Legends at the
Gardens PUD.
On August 19, 2010, the City Council adopted Resolution 51, 2010 which amended the allowable
signage and signage locations within the Donald Ross Village PUD. With this approvat two project
monument signs located at the entrances along Donald Ross Road were relocated to be five feet from
the road right-of-way. The monument signs have also been re-oriented so they are perpendicular to
the street. As a result, the monument signs are now visible from Donald Ross Road.
Donald Ross Gas, Inc., the owner of the existing Shell Station, is seeking a similar approval. The owner
is seeking approval for a new, code-compliant, elevation for the gas price sign. In addition, the sign
location is proposed to be relocated to seven feet from the Donald Ross Road right-of-way, which is
similar and consistent with the Resolution 51, 2010 approval. Please note that the gas price
monument sign at seven feet from the ROW will still be located approximately 52 feet from the edge of
pavement of the turn lane. The new location allows the sign to be visible to the motoring public
without impact the adjacent upland preserve area.
History
On April10, 2003, the City Council adopted Ordinance 53, 2002, which approved the
development order for Donald Ross Village Mixed-Use (MXD) Planned
Unit Development (PUD). The master plan was divided into two {2)
phases of development. Phase I of the Donald Ross Village MXD PUD
was approved for 9,000 square feet of professional office, a 3,236-477 S. Rosemary Avenue
square-foot convenience store with gas sales, a 4,000 square-foot Suite 225-The Lotts at CityPiace
bank, a 14,873-square-foot drug store, 13,000 square feet of West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
restaurant space, 2AOO square feet of outdoor restaurant seating, www.udkstudios.com
57A87 square feet of retail use, and 156 multi-family dwelling units. LCC000035
On November 18, 2005, the City Council adopted Resolution 210, 2004, which approved an
amendment to the Donald Ross Village MXD PUD for phase II ofthe subject site with a 93-room hotel,
a 13,500-square-foot retail building, an 18,387 square-foot medical office building, and a 20,000-
square-foot fitness center. Within the approval, monument sign locations were identified, but no
signage program was proposed. A year later, the City adopted Resolution 210, 2004, which amended
the PUD and, among other things, adopted a master signage program for the project. The approved
signage program identified eight (8) monument signs along the project's perimeter. Two of the
approved monument signs, at the Central Boulevard and Military Trail intersections with Donald Ross
Road, were provided as City welcome signs. The remaining six monuments sign identify the project and
some of its tenants.
On June 21, 2007, the City Council adopted Resolution 7, 2007, which approved an increase in the size
of the sign age on the west elevation of the hotel from 36 square feet to 53 square feet (Building H) and
approved a waiver to allow one (1) additional flat/wall sign for each tenant located in buildings A, B, C,
0, I, J, and K within the PUD.
/
On January 9, 2008, the City Council adopted Resolution 22, 2008, which approved an amendment to
the development order to remove all conditions of approval associated with shared parking
requirements. Through a previously-approved administrative amendment to the PUD, the applicant
had reduced the amount of proposed office and retail uses and introduced a bank instead of the
previously-approved restaurant to be located on out parcel "D". As a result of the reduction in square
footage, the approved site plan provides more parking than required pursuant to the City's LDRs. Thus,
the conditions of approval related to the provision of shared parking no longer applied.
On August 19, 2010, the City Council adopted Resolution 51, 2010 which amended the allowable
signage and signage locations within the Donald Ross Village PUD. With this approval, two project
monument signs located at the entrances along Donald Ross Road were relocated to be five feet from
the road right-of-way.
Compliance/Land Use
The subject PUD has a Commercial (11.13 acres) and Mixed Use (34.24 acres) land use designation. The
subject gas station, which is 0.87 acres in size, is located within the Commercial portion of the site. The
approved Mixed Use Planned Unit Development is consistent with the underlying land use. The
proposed PUD Amendment is consistent with the underlying land use.
Existing Zoning and Land Use Designations
EXISTING USE ZONING FUTURE LAND USE
SUBJECT PROPERTY:
Shell Gas Station PUD (MXD) Commercial
Mixed Use Community PUD (MXD) Commercial and Mixed Use
TO THE NORTH:
Abacoa DRI DRI Mixed Use
TO THE EAST:
Evergrene PCD PCD Residential Medium
TO THE SOUTH:
Dwyer Community High School P/1 Public
TO THE WEST:
Legends at the Gardens PUD Mixed Use
Signage and Waiver Requests
The award-winning design of the Donald Ross Village Mixed Use PUD has created a unique
environment for its residents and patrons. However, the project's signage and signage program has not
achieved its purpose of identifying the project and its tenants and directing motorists safely into the
site. With the petition, the applicant is seeking to correct this situation. In order to use the sign age in
its most effective manner while maintaining the aesthetic quality ofthe project, waivers are being
requested for the sign age. The requested waiver is for a minimum deviation from the City Sign Code in
order to allow for the project signage to function properly.
Monument Sign Re-Orientation
Waiver to allow monument sign at seven feet from public right-of-way. Section 78-285 of the
City Sign Code regulates the location of monument signs to be a minimum of 15 feet from public
rights-of-way. Donald Ross Village has three monument signs along Donald Ross Road. The two
easternmost monuments signs were reoriented to be perpendicular to the roadway and relocated to
five feet from the property line. The westernmost monument sign identifies the existing gas station
and the federally-required pricing information. This sign is located parallel to the roadway and is 15
feet from the Donald Ross right-of-way. Located to the south and west of the existing gas station
monument sign is the upland preserve.
The orientation and location of this sign has prevented the sign from functioning properly, much to the
impairment of the gas station and the overall project. The request to re-orient the sign to be
perpendicular to Donald Ross Road will allow for greater visibility without impacting the quality and
aesthetics of the project. To avoid impacting the upland preserve area which is immediately adjacent
to the sign, the applicant is requesting a waiver to allow for a seven-foot setback for the northern
portion of this sign. Donald Ross Road, which carries up to 30,000 vehicles daily, is a six-lane, divided
arterial roadway that is not proposed to be expanded. Currently, there is approximately 45 feet of
landscaped right-of-way area between the Donald Ross Road curb and the Donald Ross Village
property line in the location of the gas station monument sign. If the sign setback is modified as
proposed, the sign would be approximately 52 feet from the Donald Ross Road back of curb. As a
result, the requested sign re-orientation will be aesthetically similar to other monument signs within
Donald Ross Village and within the City while allowing the signs to be readable to passing motorists.
The re-oriented sign will be in compliance with the approved project signage program and with the
City's sign ordinance with regards to font, color, height, width and sign area.
Consistent with the requirements of Section 78-158 of the City's LDRs, the waiver request shall comply
with a majority ofthe criteria listed within the code. The City's waiver criteria are listed below in bold
and the responses follow in italics.
(1) The request is consistent with the city's comprehensive plan.
Policy 1.1.3.1. of the Future Land Use Element within the Comprehensive Plan requires the regulation of
signage with the City. The City regulates signage to allow signs to make a clear communication while
not creating visual clutter. As indicated above, the number of monument signs is not proposed to
r-------------------~-~---------
increase and the size of the sign is consistent with City Codes and the Donald Ross Village signage
program. As such~ the request is consistent with the City~s Comprehensive Plan.
{2) The request is consistent with the purpose and intent of this section.
The purpose and intent of this Section 78-158 is to promote creative and innovative design through the
planned development process. The current location of the sign does not allow it to be readily visible
from its intended viewers. With approximately 45 feet of landscaping within the road right-of-way~ the
request to move the sign closer to the road right-of-way allows the sign to be seen while still providing
the desired separation between the street and sign. The request is consistent with this criterion.
{3) The request is in support of and furthers the city's goals, objectives, and policies to establish
development possessing architectural significance, pedestrian amenities and linkages,
employment opportunities, reductions in vehicle trips, and a sense of place.
The requested waiver will allow for the re-location the monument sign so that it may properly function.
The request is consistent with the identical waiver granted to the other two monument signs along
Donald Ross Road for the Donald Ross Village project. The relocated sign will allow for an easy and
attractive means of communicating information consistent with the overall PUD. As such~ the granting
of this waiver request will support and further the City~s goals~ objectives~ and policies.
{4) The request demonstrates that granting of the waiver will result in a development that
exceeds one or more of the minimum requirements for PUDs.
Donald Ross Village is an integrated mixed use development where residents can~ and do~ walk to
restaurants and shops from their homes. The PUD has a consistent look in architecture and signage.
The PUD also provides open space and landscaping above the minimum requirements for the project.
{5) The request for one or more waivers results from innovative design in which other minimum
standards are exceeded.
The request allows for the monument sign to function properly while ensuring that sufficient
landscaping and setbacks are provided from the Janes of travel. With the requested setback waiver~ the
monument sign will still be approximately 52 feet from the nearest lanes of travel. In addition~ the
approved upland preserve located to the east and south of the proposed monument sign will not be
affected with this request.
{6) The request demonstrates that granting of the waiver will result in preservation of valuable
natural resources, including environmentally-sensitive lands, drainage and recharge areas,
and coastal areas.
The relocated monument sign will not impact the existing upland preserve areas or the drainage for the
site. As such~ this criterion has been met.
{7) The request clearly demonstrates public benefits to be derived, including but not limited to
such benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages
outside of the project boundaries, preservation of important natural resources, and use of
desirable architectural, building, and site design techniques.
Public benefit will be derived through a monument sign that properly functions in identifying services to
the traveling public. This will help direct motorists to services through the driveway facilities designed
for this traffic. The relocated sign will also allow visitors to find this business located within the City.
This will improve business in the City and benefit the public through increased property values and
higher tax revenues.
(8) Sufficient screening and buffering, if required, are provided to screen adjacent uses from
adverse impacts caused by a waiver.
The relocated monument sign will be buffered with landscaping in excess of the City standards.
(9) The request is not based solely or predominantly on economic reasons.
This request is not based on any economic reason. The requested waiver will allow for the sign to
properly function.
{10) The request will be compatible with existing and potential land uses adjacent to the
development site.
The proposed relocated sign is consistent with the Donald Ross Village signage program and existing
monument signs at the project. No change of land uses is proposed with this request.
(11) The request demonstrates the development will be in harmony with the general
purpose and intent of this section, and that such waiver or waivers will not be injurious to the
area involved or otherwise detrimental to the public health, safety, and welfare.
The request will allow for the monument sign for the Shell service station to properly function and direct
motorists safely and efficiently to the site for services.
Waiver to allow reduction of the width of monument sign-related landscaping. Section 78-287 of the
City Sign Code indicates that the width of landscaping around the front and sides of the monument
sign be equal to the sign height. The proposed monument sign is 8 feet, 5 inches in height, which is
less than the City sign height standard of 10 feet. With this request, 8 feet, 5 inches of landscaping is
required to the east and west sides of the sign. As the proposed sign is proposed to be seven feet from
the Donald Ross Road right-of-way, only seven feet of landscaping in front of the sign will be located on
the gas station site. For this, we are seeking this waiver. In reality, the landscaping in front of the sign
will extend into the Donald Ross Road shoulder and sidewalk area. The proposed monument sign is
located in a 150-foot deep area south of the Donald Ross Road pavement that features landscaping
and upland preserve. Extensive landscaping and vegetation is provided around the sign.
Consistent with the requirements of Section 78-158 of the City's LDRs, the waiver request shall comply
with a majority of the criteria listed within the code. The City's waiver criteria are listed below in bold
and the responses follow in italics.
(1) The request is consistent with the city's comprehensive plan.
With this request, the applicant is seeking have the code-required landscaping for the requested
monument sign placed within the Donald Ross Road right-of-way. As stated above, there is
approximately 45 feet of landscaping between the road right-of-way and the travel lanes of
Donald Ross Road. The request will allow for the monument sign to be seen while providing the
code-required landscaping . As such, the request is consistent with the City's Comprehensive
Plan.
(2) The request is consistent with the purpose and intent of this section.
The purpose and intent of this Section 78-158 is to promote creative and innovative design
through the planned development process. With the waiver request, the applicant will be able
to provide the required landscaping around the monument sign with the reduced setback to
allow the sign to be seen. The monument sign is consistent with the PUD approval and the
landscaping meets and exceeds code requirements. As such, the waiver request is consistent
with the purpose and intent of Section 78-158.
(3} The request is in support of and furthers the city's goals, objectives, and policies to establish
development possessing architectural significance, pedestrian amenities and linkages,
employment opportunities, reductions in vehicle trips, and a sense of place.
With the requested waiver for the relocation of the monument sign, a second waiver is required
to allow for the required landscaping to be located within the adjacent road right-of-way. This
will allow the monument sign to function in a high quality aesthetic environment consistent with
City standards and the Donald Ross Village streetscape.
(4} The request demonstrates that granting of the waiver will result in a development that
exceeds one or more of the minimum requirements for PUDs.
As indicated above, the Donald Ross Village PUD exceeds several of the minimum standards
including the provision of open space and landscaping points. In addition, the proposed
landscaping around the relocated monument sign is more than the current landscaping at the
existing sign.
(5} The request for one or more waivers results from innovative design in which other minimum
standards are exceeded.
The Donald Ross Village PUD employs various innovative techniques in its design, such a
building layouts, creation of plazas, and the interaction between residential and non-residential
uses. The request for the relocated monument sign and for the provision of the required
landscaping is consistent with these efforts.
(6} The request demonstrates that granting of the waiver will result in preservation o~ valuable
natural resources, including environmentally-sensitive lands, drainage and recharge areas,
and coastal areas.
The relocated monument sign and associated landscaping will not impact the existing upland
preserve areas or the drainage for the site. As such, this criterion has been met.
(7) The request clearly demonstrates public benefits to be derived, including but not limited to
such benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages
outside of the project boundaries, preservation of important natural resources, and use of
desirable architectural, building, and site design techniques.
The proposed waiver allows for the proposed relocated monument sign to be landscaped to the
level of quality expected by the City and its residents.
{8) Sufficient screening and buffering, if required, are provided to screen adjacent uses from
adverse impacts caused by a waiver.
The requested waiver will allow for the proposed monument sign to be fully landscaped. As
such, the request meets the referenced criterion.
{9) The request is not based solely or predominantly on economic reasons.
This request will allow for the additional beautification of the public right-of-way and for the
proper landscaping of the proposed relocation monument sign.
{10) The request will be compatible with existing and potential land uses adjacent to the
development site.
As indicated earlier, the requested monument sign and accompanying landscaping are
consistent with the Donald Ross Village PUD and the City Standards.
{11) The request demonstrates the development will be in harmony with the general
purpose and intent of this section, and that such waiver or waivers will not be injurious to the
area involved or otherwise detrimental to the public health, safety, and welfare.
This requested waiver will allow for the Donald Ross Road streetscape to be improved. The
provision of the required landscaping within the road right-of-way will enhance the public view
without any adverse impacts.
l
1 u
Location Map
Donald Ross Village Gas Station
4750 Donald Ross Road
J
I
:i
1 RESOLUTION 19, 2013
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
6 THE DONALD ROSS VILLAGE PLANNED UNIT DEVELOPMENT
7 (PUD), AS MORE PARTICULARLY DESCRIBED HEREIN, TO
8 APPROVE THE RELOCATION AND RE-ORIENTATION OF A
9 GROUND SIGN; PROVIDING WAIVERS; PROVIDING CONDITIONS
10 OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR
11 OTHER PURPOSES.
12
13
14 · WHEREAS, the City Council, as the governing body of the City of Palm Beach
15 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
16 Statutes , and the City's Land Development Regulations , is authorized and empowered
17 to consider petitions related to zoning and land development orders; and
18
19 WHEREAS, on April 10, 2003, the City Council adopted Ord inance 53, 2002,
20 which approved the master site plan for a Planned Unit Development (PUD) of 156
21 multi-family residential units , a 93-room hotel , 9 ,000 square feet of professional
22 (business) office, 3,236 square feet of gas/convenience store, 4,000 square feet of
23 bank, 88 ,987 square feet of general retail, 13,000 square feet of restaurant use, 2,400
24 square feet of outdoor seating area for retail, and 14,873 square feet of drug store on an
25 approximately 45-acre site, generally bounded by Donald Ross Road to the north,
26 Central Boulevard to the west, and Military Trail to the east; and
27
28 WHEREAS, the City has received a request (PUDA-12-07-000041) on behalf of
29 Donald Ross Gas, Inc. for approval of an amendment to the Donald Ross Village PUD
30 to relocate and re-orient the existing ground sign located along Donald Ross Road ; and
31
32 WHEREAS, the Planning and Zoning Department has reviewed the application,
33 has determined that it is sufficient and consistent with the City's Comprehensive Plan
34 and Land Development Regulations, and has recommended approval ; and
35
36 WHEREAS, the Planning , Zoning , and Appeals Board reviewed the petition at its
37 February 12, 2013, meeting and recommended approval to the City Council by a vote of
38 7-0; and
39
40 WHEREAS, the City Council has considered the evidence and testimony
41 presented by the Applicant and other interested parties and the recommendations of the
42 various City of Palm Beach Gardens reviewing agencies and staff; and
43
44 WHEREAS, the City Council deems approval of this Resolution to be in the best
45 interests of the health, safety, and welfare of the residents and citizens of the City of
46 Palm Beach Gardens and the public at large.
Page 1 of 4
Resolution 19, 2013
1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
2 OF PALM BEACH GARDENS, FLORIDA that:
3
4 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
5
6 SECTION 2. The application is hereby APPROVED to amend the Donald Ross
7 Village PUD to relocate and re-orientate the gasoline station ground sign, subject to the
8 · conditions of approval contained herein, which are in addition to the general requirements
9 otherwise provided by resolution for the real property described as follows:
10
11 LEGAL DESCRIPTION:
12
13 A PARCEL OF LAND LYING IN TRACT "C", THE SHOPS OF DONALD ROSS REPLAT
14 OF TRACT "A', ACCORDING TO THE PLAT THEREOF , AS RECORDED IN PLAT
15 BOOK 103, PAGE 142, PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA
16
17 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
18 APPROVES the following two (2) waivers:
19
20 1. Section 78-285, Signage, Table 24, to allow one (1) ground sign located along
21 Donald Ross Road to be setback seven (7) feet from the property line .
22
23 2. Section 78-287(b), Signage Landscaping, to allow a reduction in the required
24 landscaping along the front and east side of the gasoline station ground sign.
25
26 SECTION 4. This approval is subject to the following conditions, which shall be
27 the responsibility of and binding upon the Applicant, its successors, or assigns:
28
29 Planning and Zoning Department
30
31 1. A separate sign permit will be required for the relocation of the proposed
32 ground sign. (Planning & Zoning)
"33
34 2. Prior to the issuance of any sign permit associated with the subject petition,
35 the Applicant shall install protective barriers acceptable to the City at the edge
36 of the adjacent preserve area and maintain the barriers during the
37 construction process to prevent encroachment into the preserve area .
38 (Planning & Zoning)
39
40 3. Prior to the issuance of any permits for the ground sign, the Applicant shall
41 apply for a landscape permit for the landscaping approved with this petition.
42 (Planning & Zoning)
43
44 4. Prior to the issuance of a Certificate of Completion for the ground sign
45 approved with the subject petition, the Applicant shall restore any preserve
46 areas damaged during the relocation process . (Planning & Zoning)
Page 2 of 4
Resolution 19, 2013
1 5. Prior to the issuance of the Certificate of Completion for the ground sign, the
2 Applicant shall complete all landscaping as approved, and have the
3 landscaping inspected and accepted by the City Forester or designee.
4 (Planning & Zoning)
5
6 6. The relocation of the ground sign shall not adversely impact the existing
7 drainage pattern and the perimeter berm required for the project.
8 (Engineering)
9
1 0 SECTION 5. This petition is approved subject to strict compliance with the
11 Exhibits listed below, which are attached hereto and made a part hereof as Exhibit "A":
12
13 1. Monument Sign Plan, Sheet LA-1, prepared by Urban Design Kilday
14 Studios, Inc., dated January 14, 2013.
15
16 2. Monument Sign Plan, Sheet SP-1, prepared by Urban Design Kilday
17 Studios, Inc., dated January 14, 2013.
18
19 3. PUD Site Plan, Sheet 1 of 12, prepared by Urban Design Kilday Studios,
20 Inc., dated January 14, 2013.
21
22 4. PUD Site Plan, Sheet 3 of 12, prepared by Urban Design Kilday Studios,
23 Inc., dated January 14, 2013.
24
25 5. Sign Detail, prepared by Ferrin Signs, Inc., dated December 12, 2012.
26
27 SECTION 6. This approval shall be consistent with all representations made by
28 the Applicant or the Applicant's agent at any public hearing.
29
30 SECTION 7. This Resolution shall become effective immediately upon adoption.
31
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----~---~
Resolution 19, 2013
PASSED AND ADOPTED this __ day of _______ , 2013.
CITY OF PALM BEACH GARDENS, FLORIDA
BY: ------------------Robert G. Premuroso, Vice Mayor
ATTEST:
BY: ---------------Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ----------------R. Max Lohman, City Attorney
VOTE: AYE NAY ABSENT
VICE MAYOR PREMUROSO
COUNCILMEMBER TINSLEY
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
G:\attorney_share\RESOLUTIONS\2013\Resolution 19 2013-Donald Ross Village PUD-siganage.doc
Page 4 of 4
Resolution 19, 2013
EXHIBIT "A"
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LOCATION MAP
COMMERCIAL
ZON I NG (PUD)
FLUP (COMM ERCIA L)
ZONI NG (PUD)
FLUP (MXD)
I
G;] I +I 8-A.~/.:5.8
PROPOSED
BENJAM IN
SCHOOL
A LTERNATIVE DEED
PARKING SPACE
OUT
PARCEL2
OUT
PARCEL3
---------------------------------------------------------------------------------------------!1.5' X 18.5'
PARK ING SPACE
PARALLEL
PARKING SPACE
N.I .S .
ABACOA PLAZA
DRI (TOWN OF JUPITER)
uunA Ku :;~ RuAu
1 0' X 18.5'
PARKING SPACE
PARCEL1
9' X 1 8.5'
PARKING SPACE
"~j~s
HANDICAPPED
P/IRKING S PACE
... *",_.,,....,._..,...., ..... ., .. ,.., ... ,,. •••
• ,...~ .. e ~-.· ~--~
OUT
PARCEL4
OUT
PARCEL S
·;;II . .... --~~D--... -.....
-______ ,7 ____ 1;iT;; ..... --1 .... 1
""'" f-ROPu:>E.u lt:.t"l n.JKN LA~::'" ,
DWYER HIGH
SCHOOL
ZON ING (P/1)
FLUP (P)
PUBLIC/INSTITUTIONAL
Waviers
l jA ..... ,Inlnt .. CIIIHO U -lPIIettiiO Cily ... doiOII ....... OM OO IIflj ... l ljO<I .. jJMIIM"'IIII'IfOtl-.g A,-"'I~I .. IIIICiiniJ,--I·O<Ih
oootooo .. Uo~olli<IWIOI' ... _lt.l.,onlhoOG .. ~--oll~lkll<ogC ON•I oltnonlllt ___ <JI IIMI,noD,.,..-Ilofi...,U.O-
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1 4J A..,IoMirMftlo -1~(1 1DI_C,C-IOo-ll'-l"'"'"'•-fDo _...,_ ..... ,_ ... _1_.., •··-•-... --, ..... c.,_ .. _,.._,,, ___ ,.._..-.. _~ .. ,., ______ _
· 12' UL
P U D SITE D A TA
Zoning, Existing MXD/PUD
Futur~.~;e7~ g se Plan Desig n atio~ 1.13 AC _ Com~~p
Pa rce l 4 04 34 .2 4 AC • MXD
To•vnship 41 S Secti on 25 Range 42 E
MXD PUD
Total Site Area 45.37 AC
Develop men t Program
Co mmerci al
Retail 45 ,000 SF Drugs""'to--re----------14,873 SF
R 5 ~~~~f~!!tl9 2,4oo s~·000 SF
Healt h, Physical Fitn ess 0,000 SF
Medical Office 18,387 SF
Bank 8,587 SF
G~~ ~on v~~n ce Slgre 3,236 SF
r crtaldng 16 umpSia n 115,083SF
Profe ssiona l Office
Office . 9,000 SF
Hotel (estimated @ 70 ,000 SF ) __ 93 Rooms
Tota l 79 ,000 SF
Residential
Dwelling Units 156
Area 20 AC
Dens ity 7.8 DU/AC
Up land Pre serve Req uired (25%) ___ 9.26 AC
Provided (25%) ___ 9.69 AC
Including 6.6 acres on site
Including 3.09 acres of offsite mitigation
Lake Area Required 5.0 AC
(per Schaefer ·Fa gan Engineers)
Provided 5.0 AC
Park ing Requ ire d --------742 SP
Permitted Sig na ge -4 ,033.8 LF of ROW ___ 6 Signs
(1 for First 300 LF, 1 for each additional 700 LF)
Proposed Signage·----------6 Signs
Building Setbacks :
Donald Ross Rd. _______ ,Min . 100'
Military Tra il Min. 55'
Central Blvd . Min . 100'
Sou the rn Property Li ne Min . 1 00'
*Two Story Buil ding Cha ra cter
Two Sklry C l'llractern~quirement: 51%)( 111.260 sf. Nelgtilortlood Commercial• 58,7.211.
Provided: 53% X 111,260 2 58,887 sf (Buldlngs A,l & J)
DONALD ROSS VILLAGE PARKING BREAKDOWN
I
ZONING (PCD)
FLUP (RM)
Evergrene PCD
I ~dT~~~I 12' ROW I fo r Tu m Lane
4' x 4' AC PAD
PLAN
Tf ..........
4' x 10' AC PAQ
PLAN
ZON ING (PCD)
FLUP (RM)
SECTION . --
SECTION. .....
$hopping Center/Mixed Uses
A Retail 18.000 s.f.
General Office 9,000 s.f.
Outdoor Seating 1,200s.l.
B RetaH 13.500 s.f.
Outdoor Seating 1,200s.f. c Restaurant 5,000 s.f.
D Bank wto drive-thru 5,087 &.f.
e Pharmacy t 4,873 s.f.
F Bank w / drlve-thru 3,500 s.f.
G Gas Station 3,236 a.f.
I Retail 13.500 s.f.
J Mf'dicaiOfflce 18,387 s.f.
K HeaHh: Phys. Fitness 20 000 s.f.
TOTAL 126,483 ··'· 11200s.r. 632.41 spaces
Hotei/Emplo~.~~r
H Hotel 93 rooms+ 700 s.f. 1 .1 per room + 11100 s.f. 109.3 spaces
TOTAL 741.7 OR 742 required spaces
no Spaces Provided.
Parcel 4.04 -MXD -34.24 AC
MXD LAND ALLOCATION MXD HEiGHT
OPEN SPACE
MtN. ---15.0%5.14Ac
PROPOSED __ 15%5.14k
COMMERCIAL MAX. ___ 4 FLOORS
COMMERCIA..
PROPOSED-4 FLOORS
RES IDENTIAL rUGH" MAX. ____ 4 FLOORS
MIN. 0.0% 0 Ac
MAX. ___ 30.0% 1C.2 Ac
PROPOSED-. _ 24.5% !1.40 Ac
PROPOSED-3FLOORS
EMPLOYMENT CENTER
MAX.----4 FLOORS
PROPOSED _ 2 FLOORS
RESID ENTI AL HIGH'
MIN . ---20.0%6.8Ac
MAX . ---80.0%20.5 Ac
PROPOSED-58.4%20.0 AI;
MXP LOT COVERAG E
COMMERCIAL
MAX. 70.0%
EMPLOYMENT CENTER PROPOSEo ___ 2UI%
MIN, 2.0% .7 Ac
MAX. ----30.0%10.2 Ac
PROPOSED---2% .70 Ac
RESI DENTIAL HIGH
~~-=se=o:._-_-_---~~=
EMPLOYMENT CENTER
Notes
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design
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Urban Plan nin g & Des ign
landscape Architecture
Comm unication Graph ics
The Lofts at Clly Place
4 77 S. Rosemary Ave., Suite 225
West Palm Beach, Fl 33401
561.366-1100
Fax 561 .366.1111
Email CAD@udsonUne.com
Copyright
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SIGN -------------
EXISTING PLANTING : .
(2) SABAL PALMS (remain)
(10) GREEN ISLAND FICUS (remove)
+
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+ + + ·+ ii=X I STI~G PL~TING:
(2) SABAL PALMS (re
+ (10}tGREE* ISLAND I
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4n S. Rosemary Ave., Suite 225
We8t Palm Beach, FL 33401
561.366.1100 FAX 561 .366.1111
www.udkstudos.com
#lCC000035
Copyright:
All klen, dnlgns, arrangements, and plans
represeltedbyttisdrawingareO'I'Irledby 1
lheproJM~rtyofthednlgnllr,andw .. ereab
rortheexcluslveuseofthespeeifild projKI
• Theseldtas,designs,arrano-ltMintsorplar
shall notbeusedby,ordlsclosed toanype1
firm, or eorporatlon wlhout thewrill.,
permiwionoflhe~r.
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Project No.:
Designed By: NAM
DrawnBy: NAM
Checked By : MM
Revision Dates:
SP-1
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DONALD ROSS RD
TEMPORARY WATER MAIN
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PROPOSED
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GAS STATION ::. ...
The Offic:elatCity Place
4n s. Rosemary Ave., Suite 225
West Palm Beech, Fl 33401
581.366.1100 FAX 561 .366.1111
www.udkstuclios.com
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8'-5"
3'-0"
EMBELUSHMENT FACE RETAINERS
9'-4"
7'-0 1/2.
1'-7 1/2"
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4.67' X 7' = 32.69 SQ.FT.
CHANGEABLE GAS PRICING AREA :
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FAB RICATE & INSTALl ONE (1) DOUBLE FACE MONUMENT SIGN.
CABINET TO BE OF ALUMINUM OVER ALUMINUM ANGLE FRAME , INTERNAllY
ILLUMINATED W/800 M.A .• HJ-OUTPUT. FlUORESCENT LAMPS. CABINET PRIME
COATED & FINISHED BLUE ACRYUC POlYURETHANE . COLUMN END-CAP FINISHED
SIMULATED STUCCO TO MATCH BASE.
·DONALD ROSS VILLAGE• COPY TO BE ROUTED & BACKED WITH WHITE PlEXIGLAS .
MAIN J.D. FACE PANEL TO BE OF WHITE PLEXIGLAS, W/ COMPUTER CUT PREMIUM
TRANSLUCENT VINYL LOGO GRAPHIC .
PRICE SIGN PAN EL TO BE OF .125 AWM ., W/ COPY & PRICE NU MERAL PANELS
ROUTED & BACKED W/ WHITE & YELLOW PLEXIGLAS .
BASE OF ALUMINUM CONSTRUCTION TO BE PRIMED & FIN ISHED SIMULATED
STUCCO. .
D/F MONUMENT SIGN SCALE: 1/2"=1'-0"
THIS DRA\'t.1lNG WAS CREATED TO ASSIST YOU IN VISUALIZING OUR PROPOSAL THE ORIGINAL IDEAS HEREIN ARE THE PROPERTY Of FERRIN. PERMISSION TO COPY OR REVIS E THIS ORAWlNG CAN ONLY BE OfiTAINEO THRU A WRITTEN AGREEMENT WITH FERRIN. SEE YOUR SALES REPRESWTATIVE OR CALL THE OFRCE OF FERRIN SIGNS INC
DESIGN PROPOSAL
. 945 26TH STREET
WEST PALM BEACH, FL
33407
PALM BEAC H (5 61) 802 ·4242 • ~IIIRTI N (5G lt 34 o-4 Sii5 • BROWA.RO !954 t 7B4 ·21142
ARM: SHELL (DONAlD ROSS VILLAGE)
LOCATION: PALM BEACH GARDENS , R..
DESIGN #009785 revised
DATE: 5/20112
SALES: C. CAPPELlA
DESIGNER: C. COOPER
SCALE: AS NOTED DISK: DRAW 9
REVISIONS:
DATE : REVISIONS COLOR SPEC IFICATIONS:
12/6/12 REDUCE OVERALL SIGN SIZE (CRC)
12/12/12 ENLARGE BASE TO 3 '·0 ~ (CRC)
NOTE: ALL COLORS TO MATCH
EXISTING SJGNAGE
I' NOTICE TO CUSTOMER
&U WlllUl~JOif fDAIN wll EII'ICief1lti0!11Dmeieh t'XIIm ..._ JP!!Cilled. -
t .IIWS IECIIII mRt'ISf. card Q.JCIOI'lii!Et e.tt:t I'T'Uctlet ~to ...or#.Q
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-------
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: March 7, 2013
Resolution 21, 2013
Subject/Agenda Item: Establishing Citywide Policies and Procedures to Implement the
Neighborhood Improvement Assessment Program (NIAP).
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs:$ 0 Council Action:
City Attorney (Total)
RMa~
City Attorney [ 1 Approved
~ $
RMaxL
Current FY [ 1 Approved w/
Conditions
[ 1 Denied
Advertised: NA Funding Source: n/a
[ 1 Continued to:
Date: [ 1 Operating Attachments:
Paper: [ 1 Other • Resolution 21, 2013
Submitted by: -Exhibit "A" -SOP
RMa~ [ x 1 Not Required
-------------------------------
Contract/Agreement:
Effective Date:
n/a
Expiration Date:
n/a
Affected parties Budget Acct.#:
Approved by: [ 1 Notified
City~ [X 1 Not required
~AA"");;; -
Ronald ¥· FJfris
-------------------------------------
Meeting Date: March 7, 2013
Resolution 21, 2013
Page 2 of2
BACKGROUND: It is the policy of the City Council of the City of Palm Beach Gardens to
promote public health, safety, and welfare by encouraging the construction of paving and
drainage, and water and/or sewer lines throughout the City.
It is further the policy of the Council to provide a continuing program to construct such
improvements by levying special assessments upon property specially benefited, and to
provide the owners of such property an extended period of time over which annual
installment payments may be made toward satisfaction of their assessment.
The City of Palm Beach Gardens Charter and Chapter 170, Florida Statutes, provides the
authority to create the Neighborhood Improvement Assessment Program (NIAP) and
implementing Standard Operating Procedures (SOP).
The NIAP and this SOP will provide a framework through which City staff will be able to
evaluate potential NIAP projects whether initiated by City staff or by an individual, a
neighborhood group, or association.
STAFF RECOMMENDATION: Staff recommends approval of Resolution 21, 2013 as
presented.
1 RESOLUTION 21, 2013
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA ESTABLISHING CITYWIDE POLICIES
6 AND PROCEDURES TO IMPLEMENT THE NEIGHBORHOOD
7 IMPROVEMENT ASSESSMENT PROGRAM (NIAP) FOR THE
8 CONSTRUCTION OF PAVING AND DRAINAGE, AND WATER AND
9 SANITARY SEWER IMPROVEMENTS; PROVIDING AN EFFECTIVE
10 DATE; AND FOR OTHER PURPOSES.
11
12
13 WHEREAS, it is the policy of the City Council of the City of Palm Beach Gardens to
14 promote public health, safety, and welfare by encouraging the construction of paving and
15 drainage, and water and/or sewer lines throughout the City; and
16
17 WHEREAS, it is further the policy of the Council to provide a continuing program to
18 construct such improvements by levying special assessments upon property specially
19 benefited, and to provide the owners of such property an extended period of time over
20 which annual installment payments may be made toward satisfaction of their assessment;
21 and
22
23 WHEREAS, the City of Palm Beach Gardens Charter and Chapter 170, Florida
24 Statutes, provides the authority to create the Neighborhood Improvement Assessment
25 Program (NIAP) and implementing Standard Operating Procedures (SOP); and
26
27 WHEREAS, the City Council deems approval of this Resolution to be in the best
28 interests of the health, safety, and welfare of the residents and citizens of the City of Palm
29 Beach Gardens and the public at large.
30
31
32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
33 OF PALM BEACH GARDENS, FLORIDA that:
34
35 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
36
37 SECTION 2. The City Council hereby approves and adopts the Standard Operating
38 Procedures as set forth in Exhibit "A", which is attached hereto and incorporated herein,
39 and such procedures will not be amended without the consent of the City Council.
40
41 SECTION 3. This Resolution shall become effective immediately upon adoption.
42
43
44
45
46
Page 1 of 2
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Resolution 21, 2013
PASSED AND ADOPTED this __ day of ________ , 2013.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
----=-~~~------~~~-------Robert G. Premuroso, Vice Mayor
ATTEST:
BY: --------------------------Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: -------------------------R. Max Lohman, City Attorney
VOTE: AYE NAY ABSENT
VICE MAYOR PREMUROSO
COUNCILMEMBER TINSLEY
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
G:\attorney_share\RESOLUTIONS\2013\Resolution 21 2013-Neighborhood Improvement Assessment Program.doc
Page 2 of 2
Resolution 21, 2013
EXHIBIT "A"
CITY OF PALM BEACH GARDENS
Standard Operating Procedures
TITLE: Neighborhood Improvement Assessment Program (N~ DEPARTMENT: All Departments
PROCEDURE NO.: NIAP-1 EFFECTIVE DATE: March 7, 2013 DIVISION: N/A
REVISION DATE: N/A REVIEW DATE: TBD PAGE NO.: 1 of7
AUTHORIZED SIGNATURE: Original on File ICITY MANAGER: Original on File
Purpose: To establish policies and procedures to implement the Neighborhood Improvement
Assessment Program (NIAP) for the construction/installation of paving and drainage, water, and
sanitary sewer improvements.
Scope: This policy and procedure applies Citywide but only for paving and drainage, sidewalks
(but only as part of a paving and drainage project), water, and sanitary sewer improvements.
Authority: Palm Beach Gardens City Charter and Chapter 170, Florida Statutes.
Policy: It is the policy of the City Council of the City of Palm Beach Gardens to promote public
health, safety, and welfare by encouraging the construction of paving and drainage and water
and/or sewer lines throughout the City. It is further the policy of the Council to provide a
continuing program to construct such improvements by levying special assessments upon
property specially benefited, and to provide the owners of such property an extended period of
time over which annual installment payments may be made toward satisfaction of their
assessment.
Section 1: Petitioning Process-The petitioning process shall normally consist of two (2)
rounds of petitions. The petition form shall be obtained from the City Clerk and shall be made
available on the City's website. The petitioning process may be initiated by the City or any
neighborhood, group, or individual property owner.
1-1. The initial petition is intended to determine property owner interest in the
proposed NIAP project or projects. If the petitioning process is initiated by a neighborhood,
group, or individual property owner, no less than 51% of the affected property owners must vote
"YES" on the initial petition in order for the City to begin the NIAP process. Initiation of the
NIAP process does not guarantee implementation by the City Council.
1-2. In order for a NIAP project to occur on a private road or other private property,
such as within a utility or other easement~hen the right-of-way (ROW) is owned by the adjacent
property owners along the project roadway or other needed property, an additional separate
petition may also be circulated to determine if the property owners are willing to donate the
ROW and/or grant the necessary easements required to facilitate the project. If all of the
property owners are not willing to donate the adjacent ROW or grant necessary easements, then
90% of the property owners must agree to be assessed the cost of ROW and/or easement
acquisition as well as the normal project costs. The ROW must be dedicated to the City, owned
Page I of7
by the City, or the City must be granted a satisfactory easement prior to implementing the
proposed NIAP project.
1-3. A final petition is used to identify to the affected property owners what the cost
will be to them if the City Council implements the project. The cost to the property owners for
the improvements is determined as set forth in Section 4: Assessment Roll Cost Distribution.
When preparing the cost estimate for the project to define what each property owner will be
assessed, the estimate needs to include all costs for the project, including engineering design,
permitting, advertising, testing, purchase of right-of-way, contingencies, and staff costs. This
cost needs to be increased or decreased for special conditions and differences, along with taking
into account inflation for the year it is anticipated to be constructed. The final petition shall be
circulated to inform the affected property owners what the project costs are and to provide a
place to vote "YES" if they are in favor and a place to vote "NO" if they are against the project.
It is preferred, but not required, that more than half of the affected property owners agree to be
assessed for the project costs prior to implementation by the City Council. However, the City
Council retains the ultimate authority to make any and all NIAP improvements and to assess the
benefited properties for the costs of such improvements pursuant to Chapter 170, Florida
Statutes, with or without property owner consent.
When tabulating votes from the property owners, each property gets one ( 1) vote in the decision
process for the petitions. A property owner that owns multiple lots will get one (1) vote for each
lot owned.
Example: On a project that has twenty (20) lots there will be twenty (20) votes
available. If there is a person who owns multiple lots and in this example this
person owns eleven (11) lots, that owner's vote will count eleven (11) times, one
(1) for each lot owned. This owner would then have 55% of the votes.
All petitions must be properly filled out and include the original signature of the property owner
in order to be accepted as valid. Photocopies, facsimiles, or computer-generated signatures will
not be accepted. The validity of any petition shall be determined at the sole discretion of the
City Manager or designee.
Section 2: Assessment Roll Project Costs -To establish a form of determining the
special assessment costs for NIAP projects.
2-1. Assessment roll costs shall include all costs for the-project which typically
include the following:
2-1-1 Legal Advertising -The costs to place legal advertisements in newspapers and
other publications or TV and radio ads, as necessary, to inform the property owners about
the Public Hearing to be held where the property owners may voice their opinions about
the project to the City Council.
2-1-2. Engineering and Surveying-This includes, but is not limited to, the cost paid to
the consulting engineer(s) for the design, soil investigations, surveying and permitting for
the project, and any City staff costs.
Page 2 of7
2-1-3. Rights-of-Way and/or Easements -All costs associated with obtaining any
necessary rights-of-way and/or easements, including water treatment tracts, will include,
but not be limited to, appraisals, legal fees, and the purchase cost paid to the selling
property owner(s).
2-1-4. Construction Contract -The selected contractor's price for the project,
including all contingency items for the project.
2-1-5. Administrative Costs and Contingencies -These are the costs for construction
coordination to inspect the project and include contingencies for construction change
orders due to unforeseen situations. This amount is typically 1 0% of the construction
contract amount for contingencies. These costs typically include $2,000 to $5,000 for
testing, 0.4% of the construction contract amount for engineering services during
construction, and 8% for the construction contract amount for construction coordination.
2-2. Whenever any property rights are acquired for a project, whether it is for the
rights-of-way, easements, or water treatment on site or off site, all costs will be included in the
assessment. This includes, but is not limited to, the appraisal(s), staff costs, land purchase, and
also all other fees paid during any Order of Taking process (alk/a condemnation proceedings).
2-3. A Report of Cost form outlining the project costs will be attached to the
Resolution confirming the special assessment as Exhibit "A". See the attached Report of Cost
form for a sample of the costs and the calculations used to prepare the Report of Cost form.
2-4. The property owner will pay back the connection charges or impact fees to the
City through the special assessment over the time established. The connection charges or impact
fees are established by the responsible utility to which the property owner is connecting and will
also include the water meter fee. However, any deposits charged by the utility are not to be
included in this fee calculation.
Section 3: Terms of Payment for Assessment Roll-To establish the term of payment for
special assessment projects involving construction of single improvements or multiple
improvements.
Assessment roll payment periods are used to enable property owners the ability to spread
their assessment over time, thus reducing the economic impact to the property owner. A
property owner can pay the assessment off in full at any time during the assessment
period without any penalty charges. All property owners will be granted thirty (30) days
to pay the assessment before interest charges begin to accrue. All unpaid assessments
will be charged an Annual Percentage Rate (APR) as established by the City Council.
3-1. Special assessment projects involving only the construction of a single
improvement of paving and drainage, or water shall provide special assessed property owners up
to ten (1 0) years to pay the costs associated with the improvement.
3-2. Special assessment projects involving only the construction of sanitary sewer
improvements may provide specially assessed property owners up to twenty (20) years to pay the
costs associated with the improvement.
Page 3 of7
3-3. Special assessment projects involving the construction of multiple
improvements that are done by the City along with the utility provider shall provide specially
assessed property owners up to twenty (20) years (depending on economic factors of the area and
project costs) to pay the costs associated with the improvements. Multiple improvements as
shown herein are defined to be when the improvements are constructed concurrently. Multiple
improvements shall include the following:
3-3-1.
3-3-2.
3-3-3.
3-3-4.
Potable water and sanitary sewer;
Potable water, paving and drainage;
Sanitary sewer, paving and drainage; and
Potable water, sanitary sewer, paving and drainage.
***However, notwithstanding the foregoing, the City Council, at its sole discretion, shall
determine the length of time of the assessment for each NIAP project.
3-4. Special assessments for connection or impact fees are not considered a separate
special assessment for determination of multiple project purposes, but are an integral part of the
water and/or sanitary sewer project. Special assessments for connection or impact fees shall be
paid over the same period as the associated water and/or sanitary sewer project assessment.
Section 4: Assessment Roll Cost Distribution -The various options for Assessment Roll
cost distributions used in the NIAP project are:
4-1. Abutting Footage Abutting footage calculations are generally used for paving
and drainage projects. The total amount of property footage abutting the road is used for
determining the assessment. The total assessment cost divided by the total amount of abutting
footage equals the assessment for the property, per abutting foot.
4-1-1. For project assessment rolls utilizing an abutting footage basis, any property
that benefits from the roadway improvement that is not abutting on the road(s) being improved
can be assessed. The narrowest (smallest) abutting footage along the roadway being improved
will be the amount of footage used for the benefiting property owner(s) that do not abut the
road(s) being improved. An example of the calculation is provided below:
Example-Inthis example, a roadway is being improved and the lot sizes vary.
In addition, there are two (2) properties beyond the end of the road, and these
properties have a driveway which is connected to where the road ROW ends and
becomes private. The properties abutting the roadway improvements are typically
50 feet, but there are a few properties that have a divided lot, and a portion of the
lot is adjoined to another lot. Some lots are 75 feet, some are 60 feet, and there
are two (2) lots that are 40 feet. The two (2) lots that only have a driveway
connecting to the roadway are both 100 feet deep by 200 feet running parallel to
the roadway centerline. Since these two (2) lots do not receive a benefit greater
than the other property owners, and since the smallest lot is 40 feet, these two (2)
lots will get an assessment based on an abutting footage of 40 feet.
Page 4 of7
4-1-2. For any property that abuts a project with multiple roads (comer lots for
example) and the assessment roll uses an abutting footage assessment, the property will be
assessed on the abutting footage for the one (1) street that is the longest side of that property. An
example of the calculation is provided below:
Example-In this example, a property has abutting footage (fronts) on two (2)
roads being improved by the NIAP project. This example property has an
abutting footage of one (1) road of 1 00 feet and an abutting footage on the other
road of 50 feet. The largest single road is 100 feet. The assessment for the
example would be 100 feet for the abutting footage. To determine the total
assessment cost, multiply the abutting footage of 100 feet by cost per abutting
foot.
4-1-3. For properties that are on a cul-de-sac or that are pie-shaped, the abutting
footage will,be calculated using the average length of the front lot line (the one that abuts the
roadway) and the back opposite lot line. An example of the abutting footage calculation is
below:
Example -In this example, the property is located on a cul-de-sac, and the
property is pie-shaped. The neighboring lots not located on the cul-de-sac have
abutting footage ranging from 130 feet to 165 feet. The property for this example
has a lot line along the cul-de-sac of 39 feet, and the back lot line is 260-feet; the
average of these two (2) is 149.5 feet. For this purpose, the property would be
assigned an abutting footage of 149.5 feet. This shows that the average of the
front and back lot lines is realistic and equitable for computing the abutting
footage for pie-shaped lots and lots on cui-de-sacs.
4-2. Lot-Per-lot calculations are used for water and/or sanitary sewer projects. The
costs are divided evenly over every property, and thus, every property receives the same
Assessment. However, connection and impact fees are lot-specific and shall be calculated
accordingly.
Section 5: Multiple NIAP Projects and Assessment Rolls. Properties on different types
ofNIAP projects will be assessed for each project affecting the property. For example, this may
include assessments for a paving and drainage project, a water system project, and an assessment
for connection fees.
Properties that are comer lots which directly abut roadways that are being improved on different
NIAP projects will be assessed so that the total abutting footage is as described in subsection 4-
1-2 above.
Section 6: Public Information Meeting and Public Hearing -In accordance with this
policy and Chapter 170, Florida Statutes, a Public Information Meeting and a Public Hearing
shall be held.
Page 5 of7
In order to award the contract for construction of the improvements, the City Council shall hold a
Public Hearing on the proposed project. The Public Hearing shall be held not later than twelve
(12) weeks after the date the construction bids are received. A Public Information Meeting
(PIM) shall be held no less than one (1) week prior to the Public Hearing. Property owners to be
assessed shall be notified by regular mail at least ten (1 0) days prior to the PIM of the time and
place of the PIM and the Public Hearing. The mailed notice shall advise each property owner of
his/her/its individual proposed special assessment based on the selected bid, including other
allowable costs and the percentage and method of assessment determined. The mailed notice
shall be based on names and addresses found in the Palm Beach County Tax Collector's records.
In addition, a notice shall be published once each week for two (2) consecutive weeks in a
newspaper of general circulation. The most recent of such publication shall be no less than one
(1) week prior to the PIM. The mailed and published notices shall include a map and a
description of the streets and/or areas to be improved and advise all interested persons that each
property and amount to be assessed may be obtained at the Office of the City Clerk. A single
letter is used to notify all property owners of both the PIM and the Public Hearing. This letter
will also include the times and locations of each meeting, along with the property owners'
proposed assessment and method of assessment.
6-1. The Public Information Meeting (PIM) shall be held at least one (1) week prior
to the Public Hearing and will be held to inform the property owners and residents of the project
and to allow them to review the project and the costs. This meeting will include:
6-1-1. Informing the attendees what is included in the improvements.
6-1-2. Project boundaries.
6-1-3. Project construction commencement date and projected completion date.
6-1-4. Potential impact to their property during and after construction, including mail
delivery and access to their property.
6-1-5. What the costs and tentative assessment will be for each property and how the
costs were calculated.
6-1-6. Informing the property owners that if the project is approved by the City
Council at the Public Hearing that a lien will be filed against their property but the assessment is
not due until after construction has been completed.
6-1-7. The procedure to be followed.
6-1-8. Informing the attendees how the assessment is collected, what happens if they
choose to pay the assessment off early, and what happens if the property is sold or refinanced.
6-1-9. Informing the attendees that the next step is the Public Hearing, at which the
City Council will decide whether to proceed with construction or not to proceed.
6-1-10. Providing the attendees with the ability to review the construction plans to see
where their property is and how it may be affected, along with everything else about the project.
6-2. The Public Hearing shall be held by the City Council. The staff report prepared
for the Public Hearing will include the following:
6-2-1. A Resolution to be adopted confirming the special assessment roll for the
project. The Resolution shall include the following:
Page 6 of7
6-2-1-1. A Report of Cost as Exhibit "A" to the Resolution.
6-2-1-2. An assessment roll prepared in accordance with the method and percentage of
assessment.
6-2-1-3. The assessment roll shall show the lots and lands assessed, and the amount of
benefit to and assessment against each lot or parcel of land.
6-2-1-4. If the special assessment is to be paid in installments, the number of annual
installments into which the special assessment is divided shall also be entered
and shown on the assessment roll.
6-2-2. A location map will be attached to the staff report along with the confirming
Resolution.
6-2-3. Exhibit "B" to the confirming Resolution shall set forth the actual assessment
roll.
Page 7 of7
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
March 7, 2013
7:00P.M.
Mayor
Vice Mayor Prem uroso
Council Member Tinsley
Council Member Russo
Council Member Jablin
I. /PLEDGE OF ALLEGIANCE
II. V ROLL CALL
lf-0 III. V"ADDITIONS, DELETIONS, MODIFICATIONS:
V""IV ANNOUNCEMENTS I PRESENTATIONS:
.,/y, ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VVI. 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)
4 _() VIII. CONSENT AGENDA:
a. (Staff Report on Page 4, Resolution on Page 12) RESOLUTION 14, 2013 -
THE MANDEL JCC I ARTHUR I. MEYER ACADEMY PLANNED UNIT
DEVELOPMENT (PUD) PLAT. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE
MANDEL JCC-MEYER ACADEMY PLAT; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
b. (Staff Report on Page 17, Resolution on Page 25) RESOLUTION 15, 2013-
PARCEL 31.04 PLANNED COMMUNITY DEVELOPMENT (PCD) RE-PLAT. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA APPROVING THE CIMARRON COVE RE-PLAT;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
c. (Staff Report on Page 33, Resolution on Page 37) RESOLUTION 16, 2013 -
SETTING THE DATES FOR THE JULY AND AUGUST CITY COUNCIL
MEETINGS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF REGULAR
CITY COUNCIL MEETINGS FOR THE MONTHS OF JULY AND AUGUST ,
2013; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
---------------------------
d. (Page 39) PURCHASE AWARD TRANSMITTAL-PURCHASE AWARD FOR
THE SCHEDULED REPLACEMENT OF POLICE CARS AND OTHER MOTOR
VEHICLES FOR CITY DEPARTMENTS.
e. (Page 47) INTERLOCAL AGREEMENT WITH JUNO BEACH.
f. (Page 52) PROCLAMATION-NATIONAL PURCHASING MONTH.
IX. PUBLIC HEARINGS:<* Designates Quasi-Judicial Hearing)
a. (Staff Report on Page 53, Ordinance on Page 56) ORDINANCE 1, 2013 -{2ND
READING AND ADOPTION) BUDGET AMENDMENT FOR FISCAL YEAR 2013.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
"'? ,_ f GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS'
/ /~UDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND
Jvtf A'lt ENDING SEPTEMBER 30, 2013, INCLUSIVE; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
b.
c.
(Staff Report on Page 69, Ordinance on Page 71) ORDINANCE 4, 2013 -{2ND
READING AND ADOPTION) TAX ABATEMENT. AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
AMENDING CHAPTER 66. TAXATION. BY CREATING A NEW ARTICLE VI.
ENTITLED ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION;
SECTIONS 66-301 THROUGH 66-310, INCLUSIVE, TO ESTABLISH AN
ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION; PROVIDING
DEFINITIONS; PROVIDING AN APPLICATION CRITERIA ; PROVIDING A
SUNSET DATE, A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
*(Staff Report on Page 84, Resolution on Page 1 05) RESOLUTION 19, 2013 -
AMENDMENT TO THE DONALD ROSS VILLAGE PLANNED UNIT
DEVELOPMENT {PUD). A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT
TO THE DONALD ROSS VILLAGE PLANNED UNIT DEVELOPMENT {PUD),
AS MORE PARTICULARLY DESCRIBED HEREIN, TO APPROVE THE
RELOCATION AND RE-ORIENTATION OF A GROUND SIGN; PROVIDING
WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
X. RESOLUTIONS:
a.
4-0
(Staff Report on Page 115, Resolution on Page 117) RESOLUTION 21, 2013--
NEIGHBORHOOD IMPROVEMENT ASSESSMENT PROGRAM. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA ESTABLISHING CITYWIDE POLICIES AND
PROCEDURES TO IMPLEMENT THE NEIGHBORHOOD IMPROVEMENT
ASSESSMENT PROGRAM {NIAP) FOR THE CONSTRUCTION OF PAVING
AND DRAINAGE, AND WATER AND SANITARY SEWER IMPROVEMENTS;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
I
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XII. CITY ATTORNEY REPORT:
XIII. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
. 7'0iJ SrtA"-tul ' ·
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
March 7, 2013
7:00P.M.
Mayor
~J..: ~:d-~
Vice Mayor Premuroso
Council Member Tinsley
Council Member Russo
Council Member Jablin
.,m.
""IV
"V.
VII.
PLEDGE OF ALLEGIANCE
ROLLCALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS I PRESENTATIONS:
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
CITY MANAGER REPORT:
COMMENTS FROM THE PUBUC: (For Items Not on the Agenda, please submit
request form to the City Oerk prior to this Item)
VIIL CONSENT AGENDA:
a . {Staff Report on Page 4, Resolution on Page 12) RESOLUTION 14, 2013-
THE MANDEL JCC I ARTHUR I. MEYER ACADEMY PLANNED UNIT
DEVELOPMENT (PUD) PLAT. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE
MANDEL JCC-MEYER ACADEMY PlAT; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
b . (Staff Report on Page 17, Resolution on Page 25) RESOLUTION 15, 2013-
PARCEL 31.04 PLANNED COMMUNITY DEVELOPMENT (PCD) RE-PLA T. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA APPROVING THE CIMARRON COVE RE-PLA T;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
c. (Staff Report on Page 33, Resolution on Page 37) RESOLUTION 16, 2013-
SETTING THE DATES FOR THE JULY AND AUGUST CITY COUNCIL
MEETINGS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLbRIDA AMENDING THE SCHEDULE OF REGULAR
CITY COUNCIL MEETINGS FOR THE MONTHS OF JULY AND AUGUST,
2013; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
d . (Page 39) PURCHASE AWARD TRANSMITTAL-PURCHASE AWARD FOR
THE SCHEDULED REPLACEMENT OF POLICE CARS AND OTHER MOTOR
VEHICLES FOR CllY DEPARTMENTS.
e. (Page 47) PROCLAMATION -NATIONAL PURCHASING MONTH.
IX. P t B Ll C HE-\ IN G S : <* Designates Ouasi-.Judicial Bearing)
a .
b.
(Staff Report on Page 48, Ordinance on Page 51) ORDINANCE 1, 2013 -(2ND
READING AND ADOPTION) BUDGET AMENDMENT FOR FISCAL YEAR 2013.
AN ORDINANCE OF THE CllY COUNCIL OF THE CllY OF PALM BEACH
GARDENS, FLORIDA AMENDING THE CllY OF PALM BEACH GARDENS'
BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER . 1, 2012, AND
ENDING SEPTEMBER 30, 2013, INCLUSIVE; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILilY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(Staff Report on Page 64, Ordinance on Page 66) ORDINANCE 4, 2013-(2ND
READING AND ADOPTION) TAX ABATEMENT. AN ORDINANCE OF THE
CITY COUNCil OF THE CITY OF PAlM BEACH GARDENS, FLORIDA
AMENDING CHAPTER 66. TAXATION. BY CREATING A NEW ARTICLE VI.
ENTITLED ECONOM\C DEVELOPMENT AD VALOREM TAX EXEMPTION;
SECTIONS 66-301 THROUGH 66-310, INCLUSIVE, TO ESTABLISH AN
ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION; PROVIDING
DEFINITIONS; PROVIDING AN APPLICATION CRITERIA ; PROVIDING A
SUNSET DATE, A CONFLICTS ClAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
e 79 Resolu 10n on Pa e 10Q} RESOLUTION 19,2013-
AMENDMENT TO E DONALD ROSS VILLAGE PLANNED UNIT
DEVELOPMENT (PUD). RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH ~ ENS, FLORIDA APPROVING AN AMENDMENT
TO THE DONALD ROSS VI GE PLANNED UNIT DEVELOPMENT (PUD),
AS MORE PARTICULARLY D RIBED HEREIN, TO APPROVE THE
RELOCATION AND RE-ORIENTAT OF A GROUND SIGN; PROVIDING
WAIVERS; PROVIDING CONDITION OF APPROVAL; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PUR ES.
X. RESOLUTIONS:
a . (Staff Report on Page 110, Resolution on Page 112) RESOLUTION 21 ,2013--
NEIGHBORHOOD IMPROVEMENT ASSESSMENT PROGRAM. A
RESOLUTION OF THE CllY COUNCIL OF THE CllY OF PALM BEACH
GARDENS, FLORIDA ESTABLISHING CITYWIDE POLICIES AND
PROCEDURES TO IMPLEMENT THE NEIGHBORHOOD IMPROVEMENT
ASSESSMENT PROGRAM (NIAP) FOR THE CONSTRUCTION OF PAVING
AND DRAINAGE, AND WATER AND SANITARY SEWER IMPROVEMENTS;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
XL ITEMS FOR COUNCIL ACTION/DISCUSSION:
XII. CITY ATTORNEY REPORT:
XIII. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED tlud if tuJY interested party wishes to appeal
any decision made by the City Council with respect to tuJy matter considered at this public
hearing, such interested persons will need a record of the proceedings tuJd may need to ensure
that a verbatim record is IIUllk, inclllding the testimony tuJd evidence upon which the appeal is
to be based
In accordance with the AmerictuJS with Disabilities Act tuJd Section 286.26, Florida Statutes,
persons with disabilities needing speciol accollfltiOdations in order to participate in this
proceeding are entitled to the provision of cerlllin assistance at no cost Please call the City
Qerk's Office at 561-799-4122 no later tlum 5 days prior to the hearing if this assistance is
required For hearing impaired assistance, pkase call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY COUNCIL MEETING 03/07/13
PROPOSED ADDITIONS. DELETIONS AND MODIFICATIONS
ADDITIONS
DELETIONS:
NONE
ITEM C.-UNDER PUBLIC HEARING QUASI JUDICIAL
RESOLUTION 19, 2013 -AMENDMENT TO
THE DONALD ROSS VILLAGE PLANNED
UNtT DEVElOPMENT (PUD).
Since the petitioner has not satisfied the
minimum public notice requirements,
this item will not be heard tonight. The
item will need to be re-noticed for the
Apri14, 2013 City Council meeting.
MODIFICATIONS: NONE
Please Print
Name:
Address:
City:
Subject:
Comments From The Public
Request to Address City Council
(
Members of the public may address the City" Council during the "Comments by the Public"
Portion of the agenda and during "Public Hearings". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
Comments From The Public
Request to Address City Council
Please Print
Name:
Address: ] l S l-l u.J s o~ '4a.i . Pr-
City: f~~.l~ fSeg0 t~~.r~~
Subject:
Members of the public may address the CitY Council during the "Comments by the Public"
Portion of the agenda and during "Public Hearings". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
Please Print
Name:
Address:
City:
Subject:
Comments From The Public
Request to Address City Council
..
Members of the public may address the City Council during the "Comments by the Public"
Portion of the agenda and during "Public Hearings". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
Please Print ~
Name : ~6!>a
City:
Subject:
COMMENTS FROM THE PUBLIC
Request to Address City Council
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearings". This Request to Address the City
Council must be delivered to the City Clerk-prior to the commencement of the meeting .
The time limit for each speaker is limited to three (3) minutes.
Please Print
Name:
Address:
City:
Subject:
/029
Comments From The Public
Request to Address City Council
; ::
JLKltll r!JAtc .r cr ll 4J
Members of the public may address the CitY Council during the "Comments by the Public"
Portion of the agenda and during "Public Hearings". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
~--------------------------------------------------------
Please Print
Name:
Address:
City:·
Subject:
i:J:h( I 1
Comments From The Public
Request to Address City Council
Members of the public may address the City Council during the "Comments by the Public"
Portion of the agenda and during "Public Hearings". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
TO:
DATE:
FROM:
THROUGH:
SUBJECT:
CC:
CITY OF PALM BEACH GARDENS
MEMORANDUM
Mayor and City Councilmembers
March 6, 2013 J h
Natalie M. Crowley, AICP, Director of P2 and Zoning j p
Ronald M. Ferris, City Manager ~ / ' •A :S:,
Petition No. PUDA-12-07-000041/Resolution 19,2013-Donald Ross Village
PUD Amendment
R. Max Lohman, City Attorney
Patricia Snider, CMC, City Clerk
Peter Hofheinz, AICP, Planner
In accordance with City Code Section 78-54. Public notice., public notice of a petition for a PUD
amendment must be provided via U.S. Mail, posting of the subject property, and by publication
in a newspaper of general circulation within the city. The Applicant for the subject petition did
provide public notice by posting the property and by publication of a newspaper advertisement.
However, the Applicant failed to send the required U.S. Mail notices for the March 7, 2013 City
Council meeting.
Therefore, since the petition has not satisfied the minimum public notice requirements, as
referenced hereinabove, the public hearing for this item should not be opened and testimony
should not be taken. This item has been rescheduled and will be re-noticed for the April 4, 2013
City Council meeting. It is recommended to delete this item from the March 7, 2013 City
Council agenda under "Additions, Deletions, and Modifications".
If you have any questions regarding this matter please don't hesitate to contact me. Thank you.