HomeMy WebLinkAboutAgenda Council Agenda 020410
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
February 4, 2010
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. Recognition of W.T. Dwyer High School Football State Championship.
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. (Page 4) Approve Minutes from January 7, 2010 City Council meeting.
b. (Staff Report on Page 9, Resolution on Page 11) Resolution 6, 2010 - Interlocal
Agreement with Palm Beach Community College. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an Interlocal
Agreement with Palm Beach Community College for professional development
training for Fire-Rescue personnel; providing an effective date; and for other
purposes.
Mayor Russo
Vice Mayor Levy
Council Member Jablin
Council Member Barnett
Council Member Premuroso
IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing)
a. (Staff Report on Page 18, Ordinance on Page 70) Ordinance 1, 2010 – (1st
reading) Text Amendment to the Capital Improvements Element. An Ordinance
of the City Council of the City of Palm Beach Gardens, Florida adopting an
amendment to its Comprehensive Development Plan in accordance with the
mandates set forth in Sections 163.3177 and 163.3187, et seq., Florida Statutes,
pursuant to a City-initiated amendment which provides for the annual update to
the five-year capital improvements schedule within the capital improvements
element, including revised text necessary to update tabular data in the Capital
Improvements Element; providing that the text and data, as amended or revised,
shall be substituted for and replace the existing text or data in the Capital
Improvements Element; providing for transmittal to the State Land Planning
Agency; providing a conflicts clause, a severability clause, and authority to
codify; providing an effective date; and for other purposes.
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
a. (Staff Report on Page 81, Ordinance on Page 87) Ordinance 5, 2010 – Pain
Clinic. An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida amending Chapter 78. Land Development. by adopting new Subsection
78-159(j)(47.1) and by amending Table 21: Permitted, Conditional and Prohibited
Use Chart in order to adopt regulations pertaining to Medical Offices; further
amending Chapter 78 at Section 78-751. Definitions. by repealing the definitions
of “Drugstore or Pharmacy”, “Office, Medical or Dental”, and “Office, Business
or Professional” and readopting same, as revised, in order to revise and clarify
such definitions; providing that each and every other Section and Subsection of
Chapter 78. Land Development. shall remain in full force and effect as previously
adopted; providing a conflicts clause, a severability clause, and authority to
codify; providing an effective date; and for other purposes.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. (Page 92) AIPP (Art in Public Places) Impact Fee Moratorium discussion
(Councilmember Barnett)
XIII. CITY ATTORNEY REPORT:
XIV. 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.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1
01•07•10
CITY OF PALM BEACH GARDENS 1
CITY COUNCIL 2
REGULAR MEETING 3
JANUARY 7, 2010 4
5
The regular meeting was called to order at 7:02 p.m. by Mayor Russo. 6
I. PLEDGE OF ALLEGIANCE 7
II. ROLL CALL 8
PRESENT: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin, 9
Councilmember Jody Barnett, Councilmember Robert Premuroso. 10
ABSENT: None. 11
III. ADDITIONS, DELETIONS, MODIFICATIONS 12
None. 13
IV. ANNOUNCEMENTS AND PRESENTATIONS 14
a. Mayor’s Veterans Golf Tournament – check presentation. 15
Presented Item: Mayor Russo presented the check to representatives of the West Palm Beach 16
Veterans Administration Medical Center. 17
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 18
Vice Mayor Levy reported he qualified by petition to run in the upcoming municipal 19
election; attended a Plat 1 Crime Watch meeting and that Palm Beach Community College 20
changed its name to Palm Beach State College. Councilmember Barnett, Councilmember 21
Premuroso, and Councilmember Jablin wished everyone a happy New Year. 22
Councilmember Jablin reminded everyone about the Sunday Green Market. Mayor Russo 23
reported he qualified by petition to run in the upcoming municipal election; attended the 24
Annual Economic Forum; discussed SB 360 with County Commissioner Karen Marcus and 25
will discuss the Evergrene School Bus issue with the School Board. 26
VI. CITY MANAGER REPORT 27
None. 28
VII. COMMENTS FROM THE PUBLIC 29
Dr. Mark Marciano, 2610 Prosperity Oaks Court, Palm Beach Gardens. 30
VIII. CONSENT AGENDA 31
a. Approve minutes from December 17, 2009. 32
b. Proclamation – Arbor Day. 33
c. Proclamation – Gary and Jennifer Lesser. 34
Vice Mayor Levy made a motion for approval of the Consent Agenda. 35
Councilmember Jablin seconded. 36
Motion passed 5-0. 37
IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) 38
Mayor Russo announced the procedures for tonight’s proceedings. 39
Those preparing to give testimony were sworn in. 40
The City Clerk read Resolution 2, 2010 by title. 41
a. *Resolution 2, 2010 - PGA National temporary module structure. A Resolution of the 42
City Council of the City of Palm Beach Gardens, Florida approving a miscellaneous petition 43
for the PGA National Resort Community Development of Regional Impact (DRI) / Planned 44
Community Development (PCD), which is bounded by PGA Boulevard to the North, 45
Northlake Boulevard to the South, the Florida Turnpike to the East, and the C-18 Canal to the 46
West, as described more particularly herein, to allow construction of a temporary modular 47
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2
01•07•10
structure at the East end of the existing driving range at the PGA National Resort Core Golf 1
Course; providing conditions of approval; providing an effective date; and for other purposes. 2
Mayor Russo opened the public hearing. 3
No ex parte communication was declared. 4
Presented Item: Anne Booth, Urban Design Kilday Studio. 5
Public Comment: None. 6
Mayor Russo closed the public hearing. 7
Vice Mayor Levy made a motion for approval. 8
Councilmember Jablin seconded. 9
Motion passed 5-0. 10
The City Clerk read Ordinance 24, 2009 by title. 11
b. Ordinance 24, 2009 – (2nd reading and adoption) Hilltop Gardens Large-scale 12
Comprehensive Plan Future Land Use Plan Amendment. An Ordinance of the City 13
Council of the City of Palm Beach Gardens, Florida adopting a large scale amendment to its 14
Comprehensive Development Plan in accordance with the mandates set forth in Chapter 163, 15
Florida Statutes, specifically Section 163.3184, et seq., Florida Statutes, pursuant to 16
application No. CPMA-09-03-000011, which provides for an amendment to the City’s Future 17
Land Use Map designating one (1) parcel of real property comprising approximately twenty-18
three and 16/100 (23.16+) acres, more or less, in size as “(C) Commercial”; such parcel being 19
located generally North of Northlake Boulevard, East of the C-17 Canal, South of the 20
Seacoast Utility Richard Road Plant, and West of the Hilltop Park Mobile Home Park, 21
informally known as “Hilltop Gardens”; providing for compliance with all requirements of 22
Chapter 163, Florida Statutes; providing for transmittal to DCA; providing a conflicts clause, 23
a severability clause, and authority to codify; providing an effective date; and for other 24
purposes. 25
Mayor Russo opened the public hearing. 26
No ex parte communication was declared. 27
Presented Item: Ken Tuma, Urban Design Kilday Studio. 28
Public Comment: Dennis Russo, 2324 Holly Lane, Palm Beach Gardens; Carol Estrada, 29
309 Riverside Drive, Palm Beach Gardens. 30
Staff Comment: Planning Manager Natalie Wong. 31
Mayor Russo closed the public hearing. 32
Vice Mayor Levy made a motion for approval. 33
Councilmember Jablin seconded. 34
Motion passed 5-0. 35
The City Clerk read Ordinance 25, 2009 by title. 36
c. *Ordinance 25, 2009 – (2nd reading and adoption) Hilltop Gardens Rezoning. An 37
Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning one (1) 38
parcel of real property comprising approximately twenty-three and 16/100 (23.16+) acres, 39
more or less, in size; such parcel being located North of Northlake Boulevard, East of the C-40
17 Canal, South of the Seacoast Utility Richard Road Plant, and West of the Hilltop Park 41
Mobile Home Park, informally known as “Hilltop Gardens”; from Residential Medium (RM) 42
to Commercial General (CG1) zoning district; providing that the City zoning district map be 43
revised accordingly; providing a conflicts clause and a severability clause; providing authority 44
to codify; providing an effective date; and for other purposes. 45
Mayor Russo opened the public hearing. 46
No ex parte communication was declared. 47
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3
01•07•10
Mayor Russo directed that the comments from Ordinance 24, 2009 are to be considered for 1
Ordinance 25, 2009 as well. 2
Mayor Russo closed the public hearing. 3
Vice Mayor Levy made a motion for approval. 4
Councilmember Jablin seconded. 5
Motion passed 5-0. 6
The City Clerk read Ordinance 36, 2009 by title. 7
d. Ordinance 36, 2009 – (2nd reading and adoption) Amendment to the City Code 8
regarding platting requirements. An Ordinance of the City Council of the City of Palm 9
Beach Gardens, Florida amending Chapter 78. Land Development. at Section 78-43. Review 10
of Applications for Development Order Approval by repealing Table 1 of Section 78-43 and 11
readopting same, as revised; further amending Chapter 78 by repealing Section 78-426. 12
Variances. and readopting same, as revised, for internal consistency; further amending 13
Chapter 78 by repealing Subsections 78-427 (b)(1) and (b)(2) and Section 78-428 and 14
readopting same, as revised, in order to provide criteria for platting exceptions; further 15
amending Chapter 78 by adopting new Section 78-429, entitled “Requirements in Lieu of 16
Platting” and new Section 78-430, entitled “Other Platting Requirements” in order to provide 17
regulations when Platting is not required; further amending Chapter 78 by repealing Sections 18
78-441, 78-445, and 78-446 and readopting same, as revised, in order to clarify application 19
requirements for subdivision plans and to establish regulations for technical compliance 20
review and approval; providing that each and every other Section and Subsection of Chapter 21
78. Land Development. shall remain in full force and effect as previously adopted; providing 22
a conflicts clause, a severability clause, and authority to codify; providing an effective date; 23
and for other purposes. 24
Mayor Russo opened the public hearing. 25
No ex parte communication was declared. 26
Public Comment: None. 27
Mayor Russo closed the public hearing. 28
Vice Mayor Levy made a motion for approval. 29
Councilmember Jablin seconded. 30
Motion passed 5-0. 31
The City Clerk read Ordinance 38, 2009 by title. 32
e. Ordinance 38, 2009 – (2nd reading and adoption) Amending Fiscal Year 2009/2010 33
Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 34
amending the City of Palm Beach Gardens’ budget for the fiscal year beginning October 1, 35
2009, and ending September 30, 2010, inclusive; providing a conflicts clause and a 36
severability clause; providing an effective date; and for other purposes. 37
Presented Item: Finance Administrator Allan Owens. 38
Mayor Russo opened the public hearing. 39
Public Comment: None. 40
Mayor Russo closed the public hearing. 41
Vice Mayor Levy made a motion for approval. 42
Councilmember Jablin seconded. 43
Motion passed 5-0. 44
The City Clerk read Ordinance 39, 2009 by title. 45
f. Ordinance 39, 2009 - (2nd reading and adoption) Amending Fiscal Year 2009/2010 46
Budgeted Fund Balances Actual Amounts. An Ordinance of the City Council of the City of 47
Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ budget for the fiscal 48
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4
01•07•10
year beginning October 1, 2009, and ending September 30, 2010, inclusive; providing a 1
conflicts clause, and a severability clause; providing an effective date; and for other purposes. 2
Presented Item: Finance Administrator Allan Owens. 3
Mayor Russo opened the public hearing. 4
Public Comment: None. 5
Mayor Russo closed the public hearing. 6
Vice Mayor Levy made a motion for approval. 7
Councilmember Jablin seconded. 8
Motion passed 5-0. 9
The City Clerk read Ordinance 40, 2009 by title. 10
g. Ordinance 40, 2009 - (2nd reading and adoption) Amending the General Employees 11
Pension Plan. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 12
amending Chapter 3. Personnel Program. Article XII. General Employees’ Pension Plan (DB) 13
at Section 3-128. Board of Trustees. by repealing subsections (a) – (d) and readopting same, 14
as revised, in order to amend the composition of the board and to authorize the board to 15
contract with Florida Municipal Pension Trust Fund for administrative and investment 16
management services; further amending Chapter 3. at Section 3-129. Finances and Fund 17
Management. by repealing Subsection (c) and readopting same, as revised, in order to add the 18
Florida Municipal Pension Trust Fund to the list of permitted service providers; providing that 19
each and every other Section and Subsection of Chapter 3. Personnel Program. shall remain in 20
full force and effect as previously adopted; providing a conflicts clause, a severability clause, 21
and authority to codify; providing an effective date; and for other purposes. 22
Mayor Russo opened the public hearing. 23
Presented Item: Finance Administrator Allan Owens. 24
Mayor Russo closed the public hearing. 25
Vice Mayor Levy made a motion for approval. 26
Councilmember Jablin seconded. 27
Motion passed 5-0. 28
X. RESOLUTIONS 29
None. 30
XI. ORDINANCES (For Consideration on First Reading) 31
None. 32
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 33
Mayor Russo congratulated the Dwyer High School Football Team and invited them to 34
attend a February City Council meeting for recognition. 35
XIII. CITY ATTORNEY REPORT 36
The City Clerk read Resolution 4, 2010 by title. 37
Resolution 4, 2010 - Stipulated Agreement with Wendy Ross. A Resolution of the City 38
Council of the City of Palm Beach Gardens, Florida approving a Stipulated Agreement and 39
General Release between the City of Palm Beach Gardens and Wendy M. Ross/Ross 40
Sculpture Studio; providing an effective date; and for other purposes. 41
Presented Item: City Attorney R. Max Lohman. 42
Discussion ensued. 43
Vice Mayor Levy made a motion for approval. 44
Councilmember Jablin seconded. 45
Motion passed 5-0. 46
47
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5
01•07•10
XV. ADJOURNMENT 1
Councilmember Jablin made a motion to adjourn. 2
Vice Mayor Levy seconded. 3
Motion passed 5-0. 4
The meeting adjourned at 7:56 p.m. 5
The next regularly scheduled City Council meeting will be held January 14, 2010. 6
7
APPROVED: 8
9
10
11
Joseph R. Russo, Mayor 12
13
14
15
David Levy, Vice Mayor 16
17
18
19
Eric Jablin, Councilmember 20
21
22
23
Jody Barnett, Councilmember 24
25
26
27
Robert G. Premuroso, Councilmember 28
29
30
ATTEST: 31
32
33
34
35
Patricia Snider, CMC 36
City Clerk 37
38
39
Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of 40
the meeting. A verbatim audio record is available from the Office of the City Clerk. 41
All referenced attachments are on file in the Office of the City Clerk. 42
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: February 4,2010
Resolution 6,2010
SubjectlAgenda Item: Approving an Interlocal Agreement with Palm Beach
Community College for Professional Development Training for Fire Rescue
Personnel
[XI Recommendation to APPROVE
I ] Recornmenadation to DENY /I
Revi
City
I I Submitted by: p-w
eter T. ergel
Fire Chief
Department Director
Approved by: @& I City Madger
Originating Dept.:
CR Brown, Deputy
Chief, Emergency
Services
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
1 x 1 Not required
Sosts: $225,000
(Total)
$75.000
Current FY
Funding Source:
[XI Operating
[ ]Other
Budget Acct.#:
001.1230.522.3810
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 6, 2010
0 Agreement
[ ]None
Meeting Date: February 4,2010
Resolution 6,2010
0 BACKGROUND: Palm Beach Community College (PBCC) provides Fire, EMS
Training Programs, and Promotional Testing services for the department. An
Interlocal Agreement has been negotiated with PBCC in order to continue these
services.
0 STAFF RECOMMENDATION: Staff recommends approval of Resolution 6,2010.
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A RESOLUTION OF
RESOLUTION 6,2010
THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL
AGREEMENT WITH PALM BEACH COMMUNITY COLLEGE FOR
PERSONNEL; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
PROFESSIONAL DEVELOPMENT TRAINING FOR FIRE-RESCUE
WHEREAS, Palm Beach Community College (PBCC) provides Fire and EMS
Training Programs and Promotional Testing Services for the Fire-Rescue Department;
and
WHEREAS, the City Council wishes to enter into a three (3) year agreement with
Palm Beach Community College to provide professional development training for the
City’s Fire-Rescue personnel, which agreement has been prepared and is attached
hereto; and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION I. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the Agreement with Palm Beach
Community College in an amount not to exceed $75,000 annually, authorizes the Mayor
to execute such Agreement, and authorizes the City Manager to execute any future
renewal Addenda.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
~
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Resolution 6,2010
PASSED AND ADOPTED this day of , 2010.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
R. Max Lohman, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR LEVY ---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER BARNETT ---
COUNCILMEMBER PREMUROSO
G:bttorney-share\RESOLUTlONS\201 O\Resolution 6 201 0 - agmt with PBCC for professional development training svcs.docx
2
EXHIBIT “A”
SCOPE OF SERVICES
Provide certified instructors/instruction and material for the purpose of firefighting and
emergency medical services training and promotional testing
Yearly not-to-exceed amount of Seventy-Five Thousand Dollars ($75,000.00), payable
on a monthly basis upon receipt of an invoice for services rendered.
INTERLOCAL AGREEMENT
FOR TRAINING PURPOSES
THIS AGREEMENT is made and entered into on the day of
2010, by and between PALM BEACH COMMUNITY COLLEGE
(hereinafter referred to as “COLLEGE”) and the CITY OF PALM BEACH GARDENS
(hereinafter referred to as “CITY”) and mutually agree to the following:
WHEREAS, the CITY enters into an agreement for the provision of professional
development training services provided by the COLLEGE; and
WHEREAS, the COLLEGE represents that it is prepared to provide the training.
NOW, THEREFORE, the Parties agree as follows:
The COLLEGE shall:
1. Undertake the provision of training as an independent contractor and shall
be wholly responsible for the methods of training. The CITY shall have no
right to supervise the methods used, but the CITY shall have the right to
observe such training. The COLLEGE shall work closely with the CITY in
production of training under this Agreement. The parties hereto understand
that the COLLEGE shall provide certified instructors/instruction for the
purpose of firefighting and emergency medical services training and
promotion testing for the requisite CITY personnel.
2. Comply with applicable regulatory and other applicable requirements,
including federal, state, and local laws, rules, regulations, orders, codes,
criteria, and standards.
3. Maintain Workers’ Compensation and General Liability in accordance with
Section 768.28, Florida Statutes.
4. Deliver all training sessions (including cost associated with them) as stated
in the Scope of Services for approval by the CITY for each training session.
5. Provide fully-qualified and certified trainer(s).
6. Provide other services to be agreed upon in writing when applicable.
The CITY shall:
1. Submit necessary paperwork to be an approved COLLEGE customer if not
already. Such approval herein shall not be unreasonably withheld.
Pay the COLLEGE as stated in the Scope of Services and as otherwise
provided for herein.
Provide participant enrollment, notification, and registration when applicable.
2.
3.
Both Parties agree:
1.
2.
3.
4.
5.
6.
7.
Either Party reserves the right to cancel this Agreement without obligation
upon written notice thirty (30) days in advance of training; otherwise,
cancellations are subject to sickness, riots, civil disobedience, acts of God,
or other legitimate conditions beyond the control of either Party.
Rescheduling may be done upon mutual agreement of both Parties. This
Agreement is subject to fiscal funding out by the Parties.
All materials, data, personnel information, and other information obtained by
either Party not subject to Florida Sunshine Laws are confidential, and both
Parties shall take all necessary measures to protect any confidential
material. The provisions of this paragraph shall survive the expiration of this
Agreement.
To the extent permitted by Florida law, to indemnify, defend, and hold
harmless each other from and against all claims, damages, losses,
judgments, and expenses, including all reasonable legal fees and costs, if it
is necessary for either Party to defend an action arising out of any alleged
acts or omissions of Party, its agents, servants, or employees.
Provide appropriate training facilities and media equipment at either the
COLLEGE or the CITY site as required in the Scope of Services
They do not discriminate based on race, religion, national origin, gender,
age, or handicap.
This Agreement shall be construed in accordance with the laws of the State
of Florida. Should any dispute arise from this Agreement, venue shall lie in
Palm Beach County, Florida.
The total training cost shall not exceed $75,000 annually, and the cost for
each scope of service shall be mutually agreed to in writing by the Parties
prior to commencement of such services.
2
8. The term of this Agreement will be for a three-year term from January 1,
2010, and ending December 31,2013.
Payment will be due upon completion of each Scope of Services agreed
upon and as provided for in the Florida Prompt Payment Act.
IO. Training shall be delivered as agreed upon in the Scope of Services.
9.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the
dates hereinafter written.
Executed by the CITY this day of , 2010.
CITY OF PALM BEACH GARDENS, FLORIDA
[SEAL]
By:
Joseph R. Russo, Mayor
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY n
By:
Executed by the COLLEGE this day of ,2010.
PALM BEACH COMMUNITY COLLEGE
G:\attorney-share\AGREEMENTS\PBCC TRAINING AGREEMENT FIRE FIGHTERS EMT-201 O.doc
3
PALM BEACH COMMUNITY COLLEGE
CONTRACT SERVICES
4200 CONGRESS AVE.
LAKE WORTH, FL 3346 1-4796
561-868-3455 tel
561-868-3585 fax
rnancusob@pbcc.edu
January 13,2010 I L BY:--- --
Barbara R. Chabre
Legal Assistant
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Dear Barbara:
Enclosed are two (2) copies of the Interlocal Firefighters and EMT Age-m nt.
Please have the designated person sign both copies of the agreement, return one and retain the
other for your files.
If you should need to contact me I can be reached at 561-868-3455.
Sincerely,
Beryl A. Mancuso
Executive Administrative Assistant & Contract Administrator
enc.
BOCA RATON LAKE WORTH PALM BEACH GARDENS WEST PALM BEACH www.pbcc.edu BELLE GLADE
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: February 04,2010
Ordinance 1,2010
Subjcct/Agtnda Item:
Ordinance 01,2010: Text Amendment to the Capital Improvements Element (CIE)
First Reading and Transmittal Hearing: A City-initiated request for the adoption of amendments
to the Capital Improvements Element (CIE) of the City of Palm Beach Gardens Comprehensive Plan
to update the CIE to be consistent with the current City budget in accordance with Chapter 163.3 177,
Florida Statutes.
[X) Recommendation to APPROVE
I ] Recommendation to DENY
A
Reviewed by: //
Development
Compliance
Bhreh Wolfs, AICP
I Kara L. Irwin, AICP
0rigin.dng Dept:
Sr. Planner
[ ] Quasi-Judicial
[ X ] Legislative
[X J Public Hearing
~
Advertised:
Date: 01.26.2010
Paper: PB Post
[XI Renuired
Mected partin:
[ ]Notified
[XI Not Required
FINANCE:
Finance Administrator w
Allan Owens
Corb: SN/A-
Total
S-NIA-
~cnt FY
Funding Source:
[XIOther N/A
r lOPcrah3
Budget Acct#:
NA
Copndl AcHon:
[ ] App. w/ conditions
[ IAPPro~I
Denial
Continued to:--.-
Att8chmenb:
Five Year Projection
CIESUpport
Document
0 Resolution 94,2005
School concurrency
service area report
ordinance 1,2010
Meeting Date: February 04,2010
Petition No. CPTA-09-10-000017
Ordinance 01,20 10
EXECUTIVE SUMMARY
The proposed petition is a City-initiated request to update the Capital Improvements Element
(CIE) to the City’s Comprehensive Plan. The Five-Year Schedule of Capital Improvements and
Summary of Capital Improvements Program, Tables 9A and 9B of the CIE are required to be
updated annully in accordance with Florida Statutes.
BACKGROUND
The City is required by Chapter 163 of the Florida Statutes to maintain an updated Capital
Improvements Element. Furthermore, staff must include the Five-Year Schedule of Capital
Improvements which is needed to implement the Comprehensive Plan, and ensure that adopted
Level of Service (LOS) standards are achieved or maintained. Staff is also required to analyze
the new mandatory general components of the schedule, which include fiscal responsibility and
identification of proportionate fair share projects for transportation.
SUMMARY OF PROPOSED CAPITAL IMPROVEMENT ELEMENT AMENDMENTS
Table 9A: This Table has been updated to be consistent with the current Capital Improvement
Plan. (Contained within Ordinance 01,2010)
Table 9B: This Table has been updated to support Objective 9.1.4 concerning Palm Beach
County School District Level of Service (LOS) and proposed school construction schedules.
(Contained within Ordinance 0 1,20 10)
STAFF ANALYSIS
Staff analyzed the following additional requirements of the annual CIE update for consistency
with the City’s, the County’s and the State’s Comprehensive Plans, as well as the Strategic
Regional Policy Plan.
Fiscal Responsibility
The City is required to provide the revenue sources that will be used to fund each project and
supporting data must demonstrate that sufficient revenues are currently available or will be
available from committed funding sources for projects included in the first three years of the
schedule. Staff has indicated the funding sources as part of the schedule (Table 9A). The City
has transportation projects that are not funded by expected funding sources, such as ad valorem
taxes or impact fees (See Resolution 94, 2005). The attached Five-Year Projection illustrates
that the City maintains excess revenues for every year within the planning period. Those
projects funded by expected funding sources (such as ad valorem taxes) are identified as being
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Meeting Date: February 04,2010
Petition No. CPTA-09-10-000017
Ordinance 01,2010
funded by general funds or impact fees and have been demonstrated to be financially feasible.
Proportionate Fair Share
The City is expected to identify any project that utilizes a proportionate-share process with
regard to transportation concurrency. At this time, the City does not have any approved projects
that propose to utilize the proportionate-share process. Please be advised that via Ordinance 3 1,
2006, the City adopted Land Development Regulations that established the process and regulates
proportionate-share.
Summary of De Minimis Records Report
Pursuant to Section 163.3180 (6), F.S. Statutes, the City is required to submit a summary of de
minimis records to the Department of Community Affairs (DCA) with the annual CIE update.
The summary should include the definition and approval process of developments having de
minimis impact; existing conditions and deficient road links; de minimis trip activity on all
applicable road links; and planned improvements included in the City’s CIE that resolve any
existing deficiencies.
The City of Palm Beach Gardens’ code allows specific projects to be exempt from traffic
concurrency under certain conditions. The code, however, does not permit the exception of
concurrency based on de minimis. None of the land development projects within the City were
granted a traffic concurrency approval through an exemption based on a de minimis
determination.
Adoption of Projects by Reference
Pursuant to Section 163.3177 (3)(a) F.S., Section 163.3180(13)(d)l F.S., and Section 163.3177
(6)(c), F.S. Statutes, the City is required to adopt specific FDOTMPO, School District and
Water Management District (WMD) projects by reference if the City is relying on these projects
to ensure concurrency. However, staff must also include by reference the adopted Palm Beach
County School Board 5-Year Facilities Plan and attach the concurrency service area report of the
County’s 5-Year Facilities Plan for schools serving Palm Beach Gardens. Staff will include by
reference any FDOTMPO projects specific to meeting City concurrency. At this time, staff is
unaware of any FDOT/MPO projects that are specific to meeting traffic concurrency.
CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN
The proposed CIE amendment is consistent with the Goals, Objectives and Policies
contained within the City’s Comprehensive Plan. These changes described below provide
Meeting Date: February 04,2010
Petition No. CPTA-09- 10-00001 7
Ordinance 01,20 10
for internal consistency between the amended CIE and the City’s Comprehensive Plan.
TransDortation Element:
GOAL 2.1.1.: TO MAINTAIN ADOPTED LEVEL OF SERVICE (LOS) STANDARDS ON
THE CITY’S TRAFFIC CIRCULATION SYSTEM.
Staff Comment: Table 9A of the CIE proposed amendment describes several roadway links to be
constructed or signalized within the next five (5) years to maintain the City’s LOS as growth
occurs. Table 9A identijies the following three (3) developer Jirnded improvements slated to
occur within the next 5 years:
1. Traffic Signal at Hiatt Drive: Developer funded as required by Resolution 94, 2005
(please see attached)
2. Grandiflora Road West of Central to Parkside Drive: Development application is
currently being reviewed and is anticipated to be approved in 2010. The proposed
improvements will be developer funded.
3. Parkside Drive from Donald Ross Road to Grandiflora Road: Development application is
currently being reviewed and is anticipated to be approved in 2010. The proposed
improvements will be developer funded.
Recreation and ODen SDace Element:
Objective 7.1.1.: PROVIDE OPEN SPACE AREAS, AND ACTIVE AND PASSIVE
RECREATION FACILITIES AND AREAS FOR RESIDENTS OF PALM BEACH GARDENS
IN A TIMELY MANNER SO AS TO COMPLY WITH THE LEVEL OF SERVICE (LOS)
STANDARDS SET FORTH BY THIS ELEMENT AND TO MAINTAIN SUCH
COMPLIANCE IN SUBSEQUENT YEARS.
Staff comment: The proposed amendment fulJills the objective to provide Recreation and Open
Space by dejining the year of the construction of certain infiastructure.
Future Land Use Element:
Objective 1.3.: CONTINUE TO PLAN FOR FUTURE NEEDS TO PROMOTE LIVABLE
COMMUNITIES, INCLUDING, BUT NOT LIMITED TO, ECONOMIC DEVELOPMENT
FOR BIOSCIENCE USERS, TRANSIT ORIENTED DEVELOPMENT, AND OTHER
EFFORTS TO PROMOTE SUSTAINABLE GROWTH.
Staff comment: The proposed amendment Jirlfills the objective by promoting bioscience
4
Meeting Date: February 04,2010
Petition No. CPTA-09- 10-00001 7
Ordinance 0 1,201 0
development and transit oriented development planning principles by identijjing improvements
slated to occur within the five-year planning period.
Public Safetv Element:
OBJECTIVE 10.1.2.1 THE CITY SHALL PROVIDE THE FOLLOWING RESPONSE TIME
THAT HAS BEEN ESTABLISHED BY PALM BEACH GARDENS FIRE RESCUE
ACCORDING TO A FRACTILE STANDARD ESTABLISHED DURING ITS
ACCREDITATION PROCESS:
1. THE CITY SHALL PROVIDE AN INITIAL EMERGENCY FIRE AND RESCUE
RESPONSE TO ALL OF THE URBAN SERVICE AREA IN SIX MINUTES THIRTY
SECONDS OR LESS. THIS RESPONSE TIME INCLUDES THE FOLLOWING
PROCESSES: 911 CALLS, ALARM AT FIRE STATION, DEPLOY, AND TRAVEL
TIME.
2. THE RURAL SERVICE AREA SHALL HAVE AN EIGHT (8) MINUTE RESPONSE
TIME.
OBJECTIVE 10.1.2.2 THE CITY SHALL MAINTAIN AN ACCEPTABLE POLICE
SERVICE STANDARD INDEX NOT TO EXCEED 1,000 CALLS PER PATROL OFFICER
PER YEAR TO SERVE THE URBAN AREA. A COMMUNITY ORIENTING POLICING
PHILOSOPHY SHALL BE UTILIZED IN THE URBAN AREA. THE CITY SHALL
SUPPORT A BALANCE BETWEEN RESPONSE TO INCIDENTS AND PROACTIVE
PATROLS.
Staff comment: The proposed amendment fulfills the objective to provide emergency fire rescue
and police response by defining the year of the construction of certain inj-astructure that
facilitates those objectives.
CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN
The proposed CIE amendment is consistent with certain Goals and Objectives within the
Palm Beach County Comprehensive Plan as demonstrated by the following listed examples
from that Plan:
Transportation Element Goal 1. A Level of Service
It is the GOAL of Palm Beach County to provide an interconnected multimodal transportation
system which moves people, goods, and services in a safe, efficient, convenient and economical
manner with minimal adverse impact to the environment.
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Meeting Date: February 04,2010
Petition No. CPTA-09- 10-00001 7
Ordinance 01,20 10
Staff Comment: The proposed CIE amendment is consistent with Palm Beach County’s goal.
The CIE defines the year of the construction of certain roadway segments which allow the City
and County to meet LOS while having the development community pay its pro-rata share.
Capital Improvement Element Goal 1. Uses of the Capital Improvement Program
It is the GOAL of Palm Beach County to utilize a capital improvements program to coordinate
the timing and to prioritize the delivery of public facilities and other capital projects; a program
that supports the growth management Goal, Objectives and Policies of the Palm Beach County
Comprehensive Plan and encourages efficient utilization of its public facilities and financial
resources.
Staff Comment: The proposed CIE amendment will allow the City to coordinate with the County
on the timing of facility, infiastructure and service improvements.
CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN
The proposed CIE amendment is consistent with the overall Treasure Coast Regional
Planning Council’s Strategic Regional Policy Plan as demonstrated by the following listed
goals:
Regional Goal 7.3 - Reduce vulnerability to disasters and increased public safety.
Staff Comment: The proposed CIE amendment includes the scheduled construction of a City
thoroughfare roadway which will allow for an additional arterial to the State designated
evacuation roadways. The proposed CIE also has identijied a schedule for certain public safety
improvements to improve the Police and Fire Departments.
Regional Goal 5.1 - Lives and Property which are less susceptible to disasters.
Staff Comment: The proposed CIE amendment includes scheduled debt payments for
improvements to the City’s drainage system that will reduce the number of high water and
flooding incidents.
CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187,
Florida Statutes)
The proposed land-use amendment is consistent with the overall intent of the State
Comprehensive Plan. The following State Goals and Policies are specific examples of that
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consistency:
Public Facilities - Florida shall protect the substantial investments in public facilities that
already exist and shall plan for and finance new facilities to serve residents in a timely, orderly,
and eficient manner.
Staff Comment: The CIE amendment is consistent with the State’s public facilities goal because
the City has developed and will implement a schedule of public facility and inpastructure needs
which includes the anticipatedJinancing sources.
TransDortation - Florida shall direct future transportation improvements to aid in the
management of growth and shall have a State transportation system that integrates highway, air,
mass transit, and other transportation modes.
Staff Comment: The proposed CIE amendment has scheduled the construction of the extension of
Grandiflora Road and several new roads internal to the proposed Briger Development of
Regional Impact (DRI), which is currently under review by the City and various governmental
agencies.
NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS:
On November 20, 2009, the Palm Beach County Intergovernmental Plan Amendment Review
Committee (IPARC) was notified of the proposed amendment. No objections have been
received to date.
PLANNING, ZONING AND APPEALS BOARD (PZAB)
On December 08, 2009, the Planning, Zoning and Appeals Board (PZAB), sitting as the Local
Planning Agency (LPA), recommended approval of the petition by a vote of 7-0.
STAFF RECOMMENDATION:
Staff recommends APPROVAL of Ordinance 0 1,20 10 on first reading.
7
Meeting Date: February 04,2010
Petition No. CPTA-09-10-000017
Ordinance 01,2010
GENERAL FUND
Revenues
Expenditures
Personnel 8z Operating
Capital Outlay
Debt Service
Transfers
Subtotal Expenditures
SPECIAL REVENUE FUNDS
Revenues
Expenditures
Personnel & Operating
Capital Outlay
Debt Service
Transfers
Subtotal Expenditures
IMPACT FUNDS
Revenues
Expenditures
Personnel & Operating
Capital Outlay
Debt Service
Transfers
Subtotal Expenditures
TOTAL REVENUES
TOTAL EXPENDITURES
Balance Carryforward
Current Year Change
Ending Balance
CITY OF PALM BEACH GARDENS
FIVE YEAR PROJECTION
FISCAL YEARS 2010 - 2014
2009-2010 2010-2011 2011-2012 2012-2013 2013-2014
65,443,620 64,986,091 67,572,792 70,886,755 74,378,13 1
62,142,388 63,282,866 64,033,382 64,822,140 65,751,958
1,156,576 1,520,750 1,114,700 1,706,088 3,986,000
3,276,382 3,272,658 3,265,162 3,442,105 2,861,938
625.000 637.500 650.250 663.255 676.520
67,200,346 68,713,774 69,063,494 70,633,588 73,276,416
5,078,312 5,230,661 5,387,581 5,549,209 5,7 15,685
4,869,974 5,113,473 5,369,146 5,637,604 5,919,484
299,000 399,000 899,000 449,000 6 16,000
5,168,974 5,512,473 6,268,146 6,086,604 6,535,484
1,7 13,600 1,887,612 4,258,336 4,342,914 676,520
305,000 311,100 317,322 323,668 3 30,142
1,420,000 525,000 2,000,000 1,800,000 1,525,000
976,370 979,045 979,545 982,770 979,140
2,70 1,370 1,815,145 3,296,867 3,106,438 2,834,282
$ 72,235,532 $ 72,104,365 $ 77,218,709 $ 80,778,878 $ 80,770,336
$ 75,070,690 $ 76,041,391 $ 78,628,507 $ 79,826,630 $ 82,646,181
$ 20,255,731 $ 17,420,573 $ 13,483,546 $ 12,073,748 $ 13,025,996
(2,835,158) (3,937,027) (1,409,798) 952,248 (1,875,845)
$ 17,420,573 $ 13,483,546 $ 12,073,748 $ 13,025,996 $ 11,150,151
C:\Documents and Settings\rmarrero\Local Settings\Temporary Internet Files\Content.Outlook\LYlVL9NT\Feasibility
Analysis 2010-2014
CITY OF PALM BEACH GARDENS
COMPREHENSIVE PLAN
CAPITAL IMPROVEMENTS
PUBLIC SCHOOL FACILITIES
SUPPORT DOCUMENTS
The City of Palm Beach Gardens
June 2008
CAPITAL IMPROVEMENTS ELEMENT SUMMARY
The Capital Improvement Element (CIE) contains the Goals, Objectives and Policies
which guide the City’s fiscal policies to provide adequate facilities. The proposed
changes to the CIE are minor in nature as part of the EAR-based amendments. They
include:
0 Modification of Level of Service (LOS) standards that reflect proposed changes in
the Public Safety Element;
Included policies which address changes in State Statutes to allow for developer
funded improvements to be located within the Five-Year Schedule; and
0 Modified formatting, updated linguistics in the text formatting, and removed
duplicative information.
Table 9A of this element contains the budget items required to achieve or maintain
levels of service, and it is updated on an annual basis immediately after the adoption of
the City’s Capital Improvement Program (CIP). Because the City must transmit the
EAR-based amendments prior to the adoption of the new CIP, the EAR-based
amendment will not contain updates to Table 9A. The annual CIE update reflecting the
changes to the CIP will be a separate amendment process. The update to Table 9B,
which reflect the School Board’s CIP, is similarly affected.
The following initiatives are part of the proposed Capital Improvement Element:
0 Ensure the construction, replacement and maintenance of capital facilities which
are necessary to achieve and maintain adopted LOS. (Objective 9.1. ?., Page 9-
1, Existing)
0 Future development shall bear a proportionate cost of facility improvements
necessitated by the development in order to maintain LOS standards. (Objective
9.1.2., Page 9-2, Existing)
0 Ensure the provision of needed capital improvements for previously issues
development orders, and for future development and redevelopment. (Objective
9.7.3., Page 9-2, Existing)
0 Maintain a minimum LOS for traffic circulation, potable water and sanitary sewer,
solid waste, drainage, recreation and open space, and public safety. (Objective
9.1.4., Page 9-3, Existing)
Capital Improvement and Public School Facility Elements
City of Palm Beach Gardens Page 9-2 Ordinance 14, 2008
The following studies or actions are recommended as part of the EAR-based
comprehensive plan amendments:
[This section has been intentionally left blank.]
Capital Improvement and Public School Facility Elements
City of Palm Beach Gardens Page 9-3 Ordinance 14, 2008
PUBLIC SCHOOLS FACILITIES ELEMENT SUMMARY
Legislation enacted by the 2005 Florida Legislature (Senate Bill 360, Laws of Florida
2005-290) mandates a comprehensive focus on school planning by requiring local
governments and school boards to adopt a school concurrency system. School
concurrency ensures coordination between local governments and school boards in
planning and permitting developments that affect school capacity and utilization rates.
With the passage of Senate Bill 360, school facilities concurrency is no longer optional.
The following sections of Chapter 163, Part II, F.S., should be interpreted as a whole
rather than individually. To implement school concurrency, local governments and
school boards are required to:
Update existing public school interlocal agreements and the Intergovernmental
Coordination Element to include coordinated procedures for implementing school
concurrency (Sections 163.31 77(6)(h)(I), 163.31777, F.S., and 163.31 80( 13),
F.S.;
Adopt a Public School Facilities Element (P.S.F.E.) into the comprehensive plan;
Adopt level-of-service (L.O.S.) standards to establish maximum permissible
school utilization rates relative to capacity, and include L.O.S. standards in an
amended Capital Improvements Element of the comprehensive plan and in the
updated interlocal agreement;
Establish a financially feasible Public School Capital Facilities Program and
include this program in an amended Capital Improvements Element of the
comprehensive plan;
Establish proportionate-share mitigation methodology and options to be included
in the P.S.F.E. and the interlocal agreement;
Establish public school Concurrency Service Areas (C.S.A.s) to define the
geographic boundaries of school concurrency, and include the C.S.A.s in the
updated interlocal agreement and in the supporting data and analysis for the
com p re hensive p Ian;
(Source: www. dca. state. fl. us/fdcp/dc~/SchoolPlanninqhndex. cfm#what)
The Public Schools Facilities Element in the City’s Comprehensive Plan has a single
goal, which is to provide for the future availability of public school facilities consistent
with the adopted Level of Service Standards. Within the subsequent Objectives and
Policies, other areas including safe access to schools, coordination with the School
District on new information, and school capacity related to LOS, are all addressed.
The proposed EAR-based amendments include some minor additions within the Public
Schools Facilities Element. The additional Policies are being added to allow for the:
Capital Improvement and Public School Facility Elements
City of Palm Beach Gardens Page 9-4 Ordinance 14, 2008
Depiction of School facilities on the Future Land Use Map;
Encouragement of safe access to schools, including sidewalks, bike paths, turn
lanes, traffic calming, and signalization;
Encouragement of high quality public school facilities and coordination with Palm
Beach County School Board to promote the architecture and appearance of
public school facilities;
0 Coordination with Palm Beach County and the School District of Palm Beach
County to share data on an annual basis to improve the process; and
0 Coordination with all parties of the PBC Public School Interlocal Agreement in the
event an amendment is necessary.
Capital Improvement and Public School Facility Elements
City of Palm Beach Gardens Page 9-5 Ordinance 14, 2008
Date Prepared June 9,2005
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RESOLUTION 94,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIOA APPROVING AMENDMENTS TO
RESOLUTION 207, 2002, THE DEVELOPMENT ORDER FOR
COMMUNITY DISTRICT (PCD) LOCATED ON THE WEST SIDE OF
THE RONALD REAGAN TURNPIKE, SOUTH OF NORTHLAKE
BOULEVARD, AND NORTH OF THE BEELINE HIGHWAY, AS
MORE PART1 CULARLY DE SCRIBED HE REIN; PROW DING FOR
AN AMENDED CONDITION OF APPROVAL; AND PROWDING AN
EFFECTIVE DATE.
"PARCEL A - SINGLE-FAMILY" WITHIN THE GABLES PLANNED
WHEREAS, on July 18, 2002, the City Council adopted Ordinance 3, 2002,
which approved the rezoning from Planned Development Area (PDA) to a Planned
Community District (PCD) Overlay with an underlying zoning of Residential Low (RL-3),
known as the Gables Planned Community District; and
WHEREAS, on November 21, 2002, the City Council approved 450 multi-family
units In Resolution 206,2002 and 200 single-family units in Resolution 207,2002; and
WHEREAS, the City has received an application (MISC-05-05) from Mr. Marty
Minor, agent for Northlake Boulevard, LLC and Gables Construction, lnc. and M/I
Homes, for approval of a request for an extension of the requirement for the completion
of the single-family recreation facility prior to the issuance of the 60' Certificate of
Occupancy (30%) to the Issuance of the 97' Certificate of Occupancy (50%) for the
single-family homes within "Parcel A - Single-Family" of the Gables PCD, which is
located on the west side of the Ronald Reagan Turnpike, south of Northlake Boulevard,
and north of Beeline Highway, as more particularly described herein: and
WHEREAS, the site is currently zoned Planned Community District (PCD)
Overlay with underlying zoning of Resldentlal Low 3 (RL-3), and has a future land-use
deslgnation of Residential Low (RL): and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best Interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
Date Prepared: June 9,2005 Resolution Q4, 2005
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SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION2. The amended condition of approval for Parcel A - Single-Family
within the Gables Planned Community District (PCD) Is APPROVED on the following
described real property, subject to the conditions of approval contained herein, which are
In addition to the general requirements otherwise provided by ordinance:
LEGAL DESCRIPTION:
GABLES AT NORTHLAKE, ACCORDING TO THE REPLAT NO. 1 THEREOF,
RECORDED IN PLAT BOOK 96 PAGE 194 THROUGH PAGE 109 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LANDS SITUATE AND
LYING, IN THE CITY OF PLAM BEACH GARDENS, PALM BEACH COUNTY,
FLORIDA.
SECTION 3, SaM Site Plan is approved subject to the following conditions,
which shall be the responsibility of the applicant, its successors, or assigns.
Landscaah and Main tenance
1. The single-family main recreation area shall be completed prior to the
issuance of the 97 W’ Certificate of Occupancy for a single-family unit.
(Planning & Zoning)
2. Prior to the issuance of the first single-family or multi-family Certificate of
Occupancy, the main entry signage and landscaping shall be installed.
(Planning & Zoning)
3. The applicant shall maintain a six (6) foot clearance zone between buildings
while determining the placement of mechanical equlprnent and accessory
structures. (Planning & Zoning)
Tranmortation I Traffic Concurrency
4. Pursuant to the terms of Ordinance 10. 2003. Tlhe project buildsut date is
December 31,20031. (City Engineer)
5. Prior to the Jssuance of the first building permit, excluding permits for
clearing of exotic vegetation, the applicant shall submit a Master Sign and Pavement Construction Plan for review and approval by the City. (Planning
& Zoning)
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Date Prepared: June 9,2005
Resolution 94,2005
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6. Prior to the issuance of the first building permit, the applicant shall submit to
the City for review and approval a Pavement Marking and Signage Plan
whlch Identifies the location of all proposed signage and markings, such as
stop signslbars, pedestrian crosswalks and signage, directional signage,
etc. A registered engineer licensed in the State of Florida shall certify the
Pavement Marking and Signage Plan. (City Engineer)
7. Prior to the issuance of the final Certificate of Occupancy, the applicant,
successofs, of assigns shall conduct signal wanant studies of the Hiatt
Drive and Northlake Boulevard intersection beginning at the issuance of the
50th Certificate of Occupancy and every six (6) months thereafter until the
issuance of the final Certificate of Occupancy. Should the warrant indicate
a need for a signal, the applicant, successor, or assigns shall be required to
provlde a pro-rata share of installation costs as determined by the City
8. Prior to the issuance of the first Certificate of Occupancy of a residential
unit, the applicant shall submit the Property Owners Association and
Homeowners Association documents for review and approval by the City
Within ninety (90) days from the issuance of the first Certificate of
Occupancy of a dry model, the sales center located off of Northlake
Boulevard shall be removed and the area restored to the approved Planned
Community District (PCD) Buffer Plan. (Planning 81 Zoning)
10. The applicant, successors, or assigns shall require all homeownem to
maintain a minimum six (6) foot dear zone, within at least one sideyard
setback for each home, which shall be maintained free from air conditioning
equipment, fencing, and landscaping obstructions between all StrUCtUreS.
TMs restriction shall be incorporated within the Gables Master Declaratlon of Covenants, Conditions, and Restridions and recorded in the public
records as a restriction against the property. Building permits for individual
homes shall show all landscaping, fencing, and mechanical equipment, and
shall show the SIX (6) foot clear zone. (Planning & Zoning)
11. Until such time as the issuance of the certfficate of completion for the first
dry model, the applicant, successors, or assigns shall use the sales center
off of Northlake Boulevard for customer parking, and shall use a sales
representative to escort prospective home buyers to the models on site. No
access by the general public shall be allowed to a model unit until the
certificate of completion is issued. (Planning & Zoning, Code Enforcement)
9,
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Date Prepared: June 9,2005
Rmlutkn 94,2005
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12. The applicant shall restrict rear screen enclosures to only allow bronze-
colored structures. (Planning & Zoning)
13. The applicant shall construct the development in accordance with Crime
Prevention Through Environmental Design (CPTED) principles, which
consist of the following:
a. The applicant shall provide metal halide lighting within the entire amenity
(recreation) areas and along the spine road. The applicant shall provide
high-pressure sodium lighting within the single-family community not
fronting on the spine roadway around the central take feature.
b. Landscaping, including long-term tree growth, shall not conflict with
lighting.
c. A timer dock or photocell sensor engaged lighting shall be installed
above or near entryways to residences and all sidewalks.
d. Street and pedestrian walkways shall use lighting that is no greater than
14 feet in height.
e. Numerical addresses shall be illuminated for nighttime visibility, shall
have bidirectional vbibility from the roadway, and shall be a minimum of
six inches in height.
f. The applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (Police)
14. Prior to the issuance of any building permit, the applicant shall:
a, Provide a street address system depicting street names and residential numerical8 for emergency response purposes. Address system
depiction shall be in 8.5” X 11” map format. (Police)
b. Install and have operational, temporary roadways and fire hydrants
approved by the City Engineer and Fire Department for all of the dry
models, (City Engineer, Fire Rescue).
c. Provide canopy trees at the rear of the lots along Jog Road extension
and Northlake Boulevard In lieu of a cluster of palms. (Planning &
Zoning)
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Date Prepared: June 9,2005 Resolution 84.2005
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21 approves the following waivers:
15. The applicant shall post surety prior to the issuance of a building permit for
the model homes for lots 15, 18, and 17 (45-foot models); lots 47 and 48
(60-foot models); lots 47 and 48 (townhouse model lots); and the sales
trailer on lot 5 for the purposes of demdition and lien protection to remain in
effect until the plat is recorded. The amount of the letter of credit shall equal
a total of one-third (1/3) of the hard costs of construction of all of the
16. Prior to December 31 of every year following said project's approval, the
applicant, successors, or assigns shall submit to the Growth Management
Department, Planning and Zoning Division, an annual report of the status of
the project, including, but not limited to, the number of permits issued, the
number of certificates of occupancy issued, and the compliance or status of
any conditions of approval placed on the project by this approval and any
future approval until the project is completed. (Planning & Zoning)
17. All single-family homes shall comply with the design guidelines, which are
attached hereto as Exhibit *Be" (Ptannlng & Zoning)
SECTION 4, The City Council of the City of Palm Beach Gardens, Florida hereby
22
23 1.
24
2s
26
27 2.
28
29
30
31 3.
32
33
34
35 4.
36
37
38
39 5.
40
41
42
43
44
45
46
Section 78-141, Residential Zoning District Regulations, Lot Coverage, to
allow 50% lot coverage. The Land Development Regulations allow a
maximum of 35% lot coverage.
Section 78-141 , Residential Zoning District Regulations, Lot Width, to allow
30-foot lot widths. The Land Development Regulations require a minimurn
of 65 feet in width.
Section 78-141, Residential Zoning District Regulations, Lot Area, to allow a mlnlmum 3,090-square-foot lot area. The Land Development Regulations
require a minimum of 6,500 square feet in area.
Section 78-141, Residential Zoning District Regulations, Front Setback, to allow for a mlnlmum 12-foot front setback. The Land Development
Regulations require a minimum 25-foot front setback.
Section 78-141, Residential Zoning District Regulations, Side Setback, to
allow for a minimum 0-foot side setback. The Land Development
Regulations require a minimum of 7.5 feet or 10% of the lot width,
whichever is greater, for the side setback.
5
I
1
Date Prepared: June 9,2005 Resotulbn 94,2005
1
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46
6, Section 78-141, Residential Zoning District Regulations, Side Street
Setback, to allow for a minimum 10-foot side setback. The Land
Development Regulations require a minimum of 20 feet for the side street
set back.
7. Section 78-141, Residential Zoning District Regulations, Rear Setback, to
allow for a 5-foot rear setback. The Land Development Regulations require
a minimum 10-foot rear setback.
8. Section 78-285, Signs for Residential Development, to allow two (2) sign
faces on the entrance signage. The Land Development Regulations allow a
maximum of one (1) sign face per development.
9. Section 78498, Minimum Rightssf-Way and Pavement Widths, to allow for
a 20-foot minimum right-of-way pavement width. The Land Development
Regulations require a minimum 40-foot right-of-way width.
10. Section 78-341, Intent (off-street parking), to allow for on-street parking.
The Land Development Regulations do not provide for on-street parking.
11. Section 78-441(c), Plat Approval Prior to Dry Model Permits, to allow for the
issuance of building permits for model homes prior to platting. The Land
Development Regulations require that no building permits be issued prior to
recordation of a plat with Palm Beach County.
12. Section 78-506, to allow for sidewalks on one side of the street. The Land
Development Regulations require sidewalks on both sides of the street.
SECTION 5. Said Site Plan within a Planned Community District (PCD) shall be
constructed in compliance with the following plans on file with the City's Growth
Management Department:
1. October 4, 2002, Site Data and Site Plan by Shah Drotos & Associates,
sheets SP-1 through SP-7.
2. October 4, 2002, Paving, Grading and Drainage Details by Shah Drotos &
Associates, sheets SP-8 through SP-9.
3. October 4, 2002, Preliminary Engineering Plan by Shah Drotos &
Associates, sheets CE-1 through CE-5.
4. September 3, 2002, Landscape Plan by Murakaml Landscape Architects,
Inc. and Urban Design Studio, sheets L-1 through L-7.
5. July 2, 2002, Main Entrance Plan by Murakami Landscape Architects, Inc.,
sheet L-8.
6
Date Prepared: June g, 2005
Resohrtlon 94,2005
I
2
3
4
5
6
7
8
9
10
11
12
13
14
1s
16
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24
2s
26
27
20
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
6. October 3,2002, Photometric Plan by KTD Consulting Engineers, sheet ES-
1.
7. June 14, 2002, Typical Lot Landscape Plans by Cotleur Hearing, Inc.,
sheets 1 through 5.
8. June 24, 2002, Recreational Facility Site Plan by Cotleur Hearing, Inc., one
sheet.
9. June 14, 2002, Recreation Area and Open Space Landscape Plans by
Cotleur Hearing, Inc., two sheets.
10. July 3, 2002, Temporary Sales Trailer Plan by Cotleur Hearing, Inc., one
sheet.
11. July 5, 2002, Temporary Sales Trailer Elevations by Steven J. Bruh,
Architect, sheet 1 of 1.
12. June 10,2002, Plot Plan for 45' Lot Homes by MA Homes, two sheets.
13. June 10,2002, Floor Plans and Elevations for 45' Lot Home Type "0" by Mn
Homes, sheets D-1 through 0-4 (D-2 & 0-4 dated December 20,2001).
14. June 10,2002, Floor Plans and Elevations for 45' Lot Home Type "E" by MA
Homes, sheet E-1 .
15. June 11,2002, Floor Plans and Elevations for 45' Lot Home Type 'E" by MII
Homes, sheet E-2.
16. December 20,2001, Floor Plans and Elevations for 45' Lot Home Type "E"
by M/I Homes, sheet E-3.
17. June 11,2002, Floor Plans and Elevations for 45' Lot Home Type 'F" by MI1
Homes, sheet F-1 .
18. December 20,2001, Floor Plans and Elevations for 45' Lot Home Type 'F"
by M/I Homes, sheets F-2 through F-3.
1G. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "H"
by M/I Homes, sheets H-1 through H-2.
20. June 11,2002, Floor Plans and Elevations for 45' Lot Home Type 'J" by WI
Homes, sheet J-1 .
21. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "J"
by M/I Homes, sheets J-2 through 5-3.
7
Dale Prepared: June 9,2005
Resolution 94,2005
1
2
3
4
5
6
7
8
9
10
11
12
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23
24
2s
26
27
28
29
30
31
32
33
34
3s
36
37
38
39
40
41
42
43
44
45
46
22. June 11,2002, Floor Plans and Elevations for 45' Lot Home Type 'K" by M/I
Homes, sheet K-1.
23. December 20,2001, Floor Plans and Elevations for 45' Lot Home Type "K'
by MI1 Homes, sheet K-2.
24. June 11,2002, Floor Plans and Elevations for 45' Lot Home Type "L" by MA
Homes, sheet L-I .
25. December 20,2001, Floor Plans and Elevations for 45' Lot Home Type 'L"
by MA Homes, sheets L-2 through L-3.
26. June 10,2002, Plot Plan for 60' Lot Homes by M/I Homes, one sheet.
27. June IO, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme
'2778" by M/I Homes, sheet 1.
28. December 20,2001, Floor Plans and Elevations for 60' Lot Homes Scheme
"2778" by Mn Homes, sheets 2 through 3.
29. December 20,2001, Floor Plans and Elevations for 60' Lot Homes Scheme
"2938" by M/I Homes, sheets 1 and 3.
30. June 11, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme
"2938, by M/I Homes, sheet 2.
31. December 20,2001, floor Plans and Elevations for 60' Lot Homes Scheme
"2941" by MA Homes, sheets 1 and 3.
32. June 11, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme
'2041" by MA Homes, sheet 2.
33. June 10, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme
"31 94" by MA Homes, sheet 1.
34. December 20,2001, Floor Plans and Elevations for 60' Lot Homes Scheme
'3194" by M/I Homes, sheets 2 through 3.
35. June IO, 2002, Plot Plans for Townhouses by MI1 Homes, one sheet.
36. December 28, 2001, Floor Plans and Elevation for Townhorne Type "1" by
M/I Homes, sheets 1-1 through 1-6 (sheets 1-1 and 14 dated June 11,
2002).
8
Date Prepared: June 9,2005
Resolution 94,2005
1
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3 2002).
4
5
6
8
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IS
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28
29
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31
32
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37. December 28,2002, Floor Plans and Elevations for Townhome Type '2" by
WI Homes, sheets 2-1 through 2-6 (sheets 2-1 and 2-4 dated June 11,
38. December 28,2002, Floor Plans and Elevations for Townhome Type '3" by
W1 Homes, sheets 3-1 through 3-6 (sheets 3-1 and 3-4 dated June 11,
SECTION 6. Said approval shall be consistent with all representations made by
SECTION 7. This Resolution shall become effective immediately upon adoption.
7 2002).
the applicant or applicant's agents at any workshop or public hearing.
(The remainder of this page left intentionally blank)
9
Date Prepared: June 9,2005
Resolution 94,2005
1
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PASSED AND ADOPTED this 77” day of T’J.~ , 2005.
ATTEST:
BY:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNElT
-- AYE NAY ABSENT
Concurrency Service Area Report - RZOOA0419
For School Year 08/09 CSA #23
BELLE GLADE
ELEMENTARY
GlADE VIEW
ELEMENTARY
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PAHOKEE
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Concurrency Service Area Report - RZOOA0419
For School Year 08/09 CSA #21
P401012 Run Dab 08/25/08 Data as of 06/25/W
%(
Concurrency Service Area Report - RZOOA0419
For School Year 08/09 CSA #l9
CROSSPOINT€
ELEMENTARY ..
FOREST PARK
ELEMENTARY
GALAXY
ELEMENTARY
HAGEN ROAD
ELEMENTARY (NEW)
POINCIANA
ELEMENTARY
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ELEMENTARY (03-2)
- - - ._ -
P.o.1011 Run Dale 06/25/09 Data as of 06/25/09
1 PARK WSTA
I COMMUNITY HIGH I
~ SANTALUCES
I COMMUNITY HIGH
Concurrency Service Area Report - RZOOA0419
For School Year 08/09 CSA #17
Page2of2 Run Date 08/25/09 Data aa of 06/25/09
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Concurrency Service Area Report - RZOOAO419
For School Year 08/09 CSA #14
27
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ConrrnnCy s.rviCr Arm RepcuI -
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Concurrency Service Area Report - RZOOA0419
For School Year 08/09 CSA #11
--
1 PALM BEACH PUBLIC
SCHOOL
PALMETTO
ELEMENTARY
WEST GATE
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Tohl L Porcont for
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9
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COMMUNITY MIDDLE
Tohl L hmnt for
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ARTS
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ZIoZ*d
Concurrency Service Area Report - RZOOA0419
For School Year 08/09 CSA ##lo
1279 1279 1275 100% 1OC
846 846 1067 79%
92 1192 1091 109% 109
P.p.lo(2 Run Drt. 05/25/09 Data an o( 06/25/09
Concurrency Service Area Report - RZOOAO419
For School Year 08/09 CSA #8
1
P.o.1011 Run Dale o(yzslO9 Data PI of 06/25/09
Concurrency Service Area Report - RZOOA0419
For School Year 08/09 CSA #4
Pageloll Run Date 08/25/09 Data as of 06/25/09
Concurrency Service Area Report - RZOOA0419
For School Year 00109 CSA #2
PmQeJ1011 Aun Data 08/25/08 Data as of W25K)g
City of Palm Beach Gardens
Five Year Capital Outby
General Fund
DEPARTMENT/ PROJECT/ 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014
DIVISION DESCRIPTION
Information Printer Replacement (City)
ID Card Prlntw RepbcMent (Community Swvices)
Laptop Replacement (City)
New Laptops (CW
Network Swtching Equipment Replacement (IT/ Polm)
Kodak Scanner Replacement (City Clerk)
Vieo Projxbr Replacement (City)
BloMetrii 7imecb&s (City)
Server Replacement (IT/ Police)
Large Format Printer Replacement (GIS)
Council Chambers AV Equipment Upgrade (CQ)
Badrup NAS Server Replacement (IT/ Police)
SANS Network Backup and Storage Solution (Police &City Hall)
Vldeo 5XurHy System for All Fire Stations (Fire)
KVM Switch (Police)
Website Content Management Sofhvare (PW Marketing)
Performance Measuring Software/ Executive Dashboards (City)
Additional Eden Modules - Contracts (Finance)
Data Center Racks
GIS Web Furta1
Rewire City Hall and Polk Department (bw voltage)
14,000
3,200
40,000
12,000
5,000
5,000
2,600
10,000
25,000
2,800
14,000
3,200
40,000
32,000
5,000
2,500
2,600
10,000
7,500
25,000
15,000
50,000
14,000
3,200
40,000
12,000
5,000
5,000
2,600
10,000
25,000
15,000
14,000
3,200
40,000
15,000
5,000
5,000
2,600
10,000
25,000
15,000
14,000
3,200
40,000
15,000
5,000
5,000
2,600
10,000
15,000
30,000
Miwsoft Enterprise License Agreement 120,000 120,000 120,000
Totallnlbmnabbn T&nobgy ---, 119 600 206 800 254 800 259 800
EQIb
Administrative
operations
Digital Vi Recorder for Security
Telephone tine Cards
Microwave Hop for Radii System
Card Readers
Security Expansion
Logging Recorder
Radb Receiver/ Transmitter
Mobile Radios
Mullimedia Service Card fw IP Phones
Telephone Equipment Upgrade
New Console Workstatbn for Dkpatch Calltaker
New Console Workstatbn for Dkpatch Radio
Mobile Data Terminals for Motorcyde Officers
High Speed Deluxe Sanner
OSSI (Notification, Ops Center, Forms, Upgmde)
OSSI Sofhvare Upgrades (Radb & Calltaker)
Auto Vehide Locator (AVL)
Wireless Access Poink
5,000
10,000
5,000
450,000
9,000
12,500
47,000
9,000
uuu v
000'E
00O'Sb nnn'n
OOO'S2
000'5
000'9
000'b
005'2
OOS'Z
--- -
005'91
000'E
000'9
005'1
2E2'91
City of Palm Beach Gardens
Five Year Capital Outlay
Internal Service Fund
DEPARTMENTI PROJECT/ 2009/ 20 10 2010/ 20 11 201 l/ 20 12 20121 20 13 2013/2014
DMSION DESCRIPTION
Communitv Serviw
Public Works Replacement Vehicles > $50,000 450,000 450,000 450,000 450,000
Fleet Maintenance Fire Rescue Unit - Replacements 195,000 195,000
TotdHeetMaintenanceFund L 450.000 S 645.000 S 450.000 f 645.000 f -
City of Palm Beach Gardens
Five Year Capital Outlay
Impact Fee Funds
DEPARTMENTI PROJECT/ 2009/2010 2010/2011 20111 2012 20121 2013 201312014
DIVISION DESCRIPTION (new amt) (new amt) (new amt) (new amt) (new amt)
Communi&
Services
Recreation
Impact Fees
epliEe
Impact Fees
fire
Impact Fees
Plant/Lilac Expansion 500,000 800,000
City Park Phase I11 FRDAP Grant
Lilac Park Phase IV FRDAP Grant
Tennis Center Clubhouse Expansion 1,000,000
400,000
400,000
Total Recmation Impact $ 800,000 $ - $ 500,000 $ 800,000 $ 1,000,000
Building Project - Training Facilities/ Shooting Range
Building Project - Emergency Operations Center
500,000 250,000
Radio Coverage for Westward Expansion 250,000 Total police Impact $ - - $ 500,000 $ 500,000 $
Thermal Imaging Cameras 20,000
Extrication Equipment 50,000
Graphics Machine 50,000
Shop Equipment 25,000
Total Hm Impact $ 120,000 $ 25,000 $ $ - -
senrices
Public Works
Intersection Improvement - PGA @ Lake Victoria
Gardens Dr (Turn Lanes) 500,000
Road Impact Fees Traffic Signal - Kew Gardens @ Minsk Gardens Blvd.
Traffic Signal - Fairchild Gardens Dr @ Fairchild Ave.
Traffic Signal - Military Trl @Johnson Dairy Rd.
Traffic Study Update 25,000
500,000 Traffic Signal Installation
Grand Total Impact Fee Funds $ 2 000 000 525 000 1800 000 1 525 000
500,000
500,000
500,000
Total Road Impact $ - 500,000 $ 1,000,000 $ 500,000 $ 525,000
b 000 9T9 000 6W 000'66E 4 000'662 4 pund xei ses iem
nnn'7r --- --
OOO'OT ooo'sc
000'00T
000'6PP 000'6Ct 000'6PP 000'66E 000'662
Clty of Palm Beach Gardens
Five Year Capltal Outlay
General Fund
DEPARTMENT/ PROJECT/ 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014
DIVISION DESCRIPTION
Communitv 5mYm
Maintenance
Parks &Grounds
Communltv
s9IYkM
Public Fadlltk
Fadlitias
Maintenance
Communitv
SaYiSs
Public Fadllties
Stormwater &
Gardens Park Renwatims
Mirasol Park Renwations
Pbnt Drive Roller Rink Replacement
Gardens Park Sports Lighting
Mowers for athleWccnnmon areas
Parks Smurity Call System
Tennis/Basketball Cwrt Timers- Sport Lighting
Gardens Park Badstop and Fencing
FG4 SB Turf Renovation
Playground Replacement
Gardens Park Electrical Addition
Oaks Park Playground
Irrigation Controllers - Upgrades
Fertilizer Spder/Hopper
Spray Rig
Stump Grinder
Self-loading Grapple Truck
Soil Sensor Technology
Irrigation Pump Station - Bums Rwd
150,000
135,000
65,000
35,000
195,000
4,500
30,000
20,000
150,000
100.000
1,360,000
50,000
60,000
30,000
150,000
15,000
150,000
10,Ooo
20.000
LC Passive Irrigation Pump Replacement 15;Ooo
TotalRa&s and Gmmls Mainhmanm -$, 235 000 249500 $ 250,000 $ 1,860,000
Lakeside Building - Paint 25,000
Lakeside Building - Fboring 25,000
Cty Hall Chiller Replacement 300,000
Painting of City HalVPD Building/R #I
BRRC Painting of all buildings (invext)
Paint All Ci Owned Buildings
Parking Lots Re-bmping for Energy Effkiency Program; City Hall,
Parks
150,000
100,000
100,ow
100,000
F.S.#2 - Concrete Pad Replacement - Install Hurricane Shutters
Paint Mwkr of Parks Building
60,000
15,000
Parks Chiller 12,m
Subtotal Facilities Maintenance $ 300,000 $ 125,000 $ - $ 100,000 $ 362,000
Replacement of Fmnt-end Loader
ReDlacement of -hoe
strtst Maintenance Rebbcement of ~utmta ~ren~her
230,000
1 x nnn
4'i nm ._,_"_ Replacement of Graffiti Truck F250 4x4 35,000
Subtotal Stormwater & Street Maintenance $ 0 35,000 $ $ $ 400,000
Total Rtblic Fadtities m, 300 000 100 000 $ 76 2, 000
Grand Total Getten1 FundBl56,576 $ 1,655,750 $2114,700 $ 1,706,08~3,986,000
ooo'or
000'21
000'0s
000'01
000'0s
000'OE
000'SL
000'001
000'521
000'OE
000's
000'01
000'001
000'E
000'5
32 000 *E1 000'06 000 9LT 000'06 000 BE $ 000'Eir-T 3-m my IWOJ
000'E 8E 000'06 000'06
000'6 ooo'os1
000'6 000'6 000'6
000'8b 000'86
000'01
000'52
000'02 000'02
000'6
000'02 000'02
o00'06
000'521
NOISINa
/lN3WlYVd3Q
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2
3
4
5
6
7
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26
27
28
29
30
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46
ORDINANCE I, 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS
COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH
THE MANDATES SET FORTH IN SECTIONS 163.3177 AND
INITIATED AMENDMENT WHICH PROVIDES FOR THE ANNUAL
SCHEDULE WITHIN THE CAPITAL IMPROVEMENTS ELEMENT,
INCLUDING REVISED TEXT NECESSARY TO UPDATE TABULAR
DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING
THAT THE TEXT AND DATA, AS AMENDED OR REVISED, SHALL
BE SUBSTITUTED FOR AND REPLACE THE EXISTING TEXT OR
DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING
FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A CITY-
UPDATE TO THE FIVE-YEAR CAPITAL IMPROVEMENTS
WHEREAS, the City Council adopted the City of Palm Beach Gardens
Comprehensive Development Plan on January 4, 1990; and
WHEREAS, the City Council adopted Ordinance 8, 2005 on June 16, 2005,
which required an annual update of the Five-Year Schedule of Capital Improvements;
and
WHEREAS, Policy 9.1.1.1. of the City’s Comprehensive Development Plan
requires all capital facility projects (renewal and replacement) needed to achieve and
maintain the adopted level of service and which are over $50,000 in estimated costs to
be included in the Five-Year Schedule of Capital Improvements; and
WHEREAS, the City Council has determined that it is necessary to repeal Table
9A & Table 9B of the Capital Improvements Element and readopt same, as revised, in
order to update the Capital Improvements Element consistent with Policy 9.1.1.1. and
Ordinance 8, 2005; and
WHEREAS, on December 8, 2009, the Planning, Zoning, and Appeals Board,
sitting as the Local Planning Agency, recommended approval of this amendment to the
Capital Improvements Element of the Comprehensive Plan by a vote of 7-0; and
Ordinance 1, 2010
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WHEREAS, the City of Palm Beach Gardens has held all duly required public
hearings and has received public input and participation through public hearings before
the Local Planning Agency and the City Council in accordance with Section 163.3184,
et seq., Florida Statutes; and
WHEREAS, the City Council finds that this amendment is consistent with the
City’s Comprehensive Development Plan; and
WHEREAS, the City Council desires to adopt the amendment to the current
Comprehensive Development Plan to guide and control the future development of the
City, and to preserve, promote, and protect the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Capital Improvements Element of the City’s Comprehensive
Plan is hereby amended by repealing Tables 9A and 9B and readopting same as revised;
providing that Tables 9A and 9B shall hereinafter read as follows:
Table 9A
CITY OF PALM BEACH GARDENS
CAPITAL IMPROVEMENTS ELEMENT
(This replaces the old Table 9A)
FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS
Total $ 2,098,700 $ 1,328,400 $ 7,036,500 $ 1,878,890 $ 2,147,060
Ordinance 1, 201 0
I
POLICE
I Land & Improvements $500,000 1 $250,000 I
rota/ $3,533,000 $215,000 $550,000 51,010,000 $235,000
I I I I General
FIRE RE
I Hurricane Shutters
rota/ $433,000 $715,450 $440,450 $0 $150,000
PGA Park Construction-Prior Year Cany Forward
Mirasol Park Renovation
On Course Restrooms
General
General
General
General
General
$1,400,000 Impact Fees
General
$195,000 Fund
$300,000 Special
DRAIN
rota/ $369,200 $368,400 $367,000 $369,800 $366,985
PUBLIC
$0 $195,000 $0 $195,000 $455,000
Ordinance I, 201 0
Mowers for AthletidCommon Areas
Gardens Park Backstop and Fencing
Oaks Park Playground
Self Loading Grapple Truck
Irrigation Pump Station - Bums Road
I I I I I I I Revenue I
$65,000 Fund
$So,000 Fund
$150,000 Fund
$150,000 Fund
$100,000 Fund
General
General
General
General
$2,628,500 $375,000 $1,345,000 $1,150,000 53,000 Total
Grand Total All Elements
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$9,062,400 $3,197,250 s9,73a,950 S~,SO;~,S~O $4374,045
Table 9B
CITY OF PALM BEACH GARDENS
Summary of Capital Improvements Program for Palm Beach County School Board
Adopted on September 09,2009
(This replaces the old Table 9B)
(Table 9B on the following pages)
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SECTION 3. The City's Growth Management Administrator is hereby directed to
transmit one (1) copy of the amendment to the current Comprehensive Development Plan
to the State Land Planning Agency within ten (IO) working days of adoption, along with a
copy of the executed adopting ordinance, ordinance effective date, a copy of the public
hearing notice, and all other necessary documents in accordance with Section 163.31 87,
et seq., Florida Statutes. A copy of the above shall also be sent to the Treasure Coast
Regional Planning Council and to any other unit of local government that has filed a written
request for same.
SECTION 4. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 5. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
SECTION 6. Specific authority is hereby granted to codify this Ordinance.
SECTION 7. This amendment shall become effective thirty-one (31) days after
adoption. No development orders, development permits or land uses dependent on this
amendment may be issued or commence before it has become effective. If the
Ordinance is timely challenged by an "affected person" as defined in Chapter 163,
Florida Statutes, the amendment does not become effective until a final order is issued
finding the amendment in compliance.
(The remainder of this page intentionally left blank)
Ordinance 1,201 0
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46 47
PASSED this day of , 2010, upon first reading.
PASSED AND ADOPTED this day of , 2010, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Jody Barnett, Councilmember
Robert G. Premuroso, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
G:kttorney_share\ORDlNANCES\201 O\Ordinance 1 201 0 - CIE.doc
11
FOR AGAINST ABSENT
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: February 4,2010
Petition: LDRA-10-01-000028
Ordinance 5,2010
Subject/Agenda Item:
Ordinance 5, 2010: Code Amendment to Land Development Regulations Chapter 78,
expanding the definition of medical and dental office
Public Hearing & First Reading: A City initiated request to amend the Palm Beach Gardens
Code of Ordinances by adopting new subsection 78- 159(j)(47.1) which contains new regulations
pertaining to medical offices; and amending Chapter 78 -75 1 to revise and clarify the definitions
of “drugstore or pharmacy”, “office, medical or dental”, and “office, business or professional.”
[ X ] Recommendation to APPROVE
I 1 Recommendation to DENY
Reviewed by:
City Attorney
Development Compliance
Bahareh Wolfs, AICP
Growth ManageY$/
Administrator
Kara Irwin, AICP
NA
Na & alie . Wong, AICP
Originating Dept.:
Growth Management:
Project w-f 6
Manager
Richard J. Marrero
Senior Planner
[ ] Quasi-Judicial
[ X ] Legislative
[ X ] Public Hearing
Advertised:
Date: NIA
Paper: PB Post
[ X 3 Not Required
-parties:
[ X ] Not required
EXECUTIVE SUMMARY
Finance Dept.:
NIA
Allan Owens
Administrator
Senior Accountant:
N/A
Tresha Thomas
FeesPaid: [ ]Yes
Funding Source:
[ 3 Operating
[XIOther NA
Budget Acct.#:
NA
Council Action:
[ ]Approved
[ ] Approved wl conds
[ ] Denied
[ ] Continued to:
Attachments:
Section 78-75 1,
Definitions of
medical or dental
office, pharmacy, and
office professional or
business
0 Ordinance 520 10
The subject request is to amend the Palm Beach Gardens Code of Ordinances by creating new
subsection 78- 159(j)(47.1) which adopts additional regulations pertaining to medical offices, and
amending section 78-751. Definitions. in order to clarify and revise the existing definitions of
“drugstore or pharmacy”, “office, medical or dental”, and “office, business or professional”.
The subject amendment will establish regulations identifling where and under what
circumstances narcotic drugs may be dispensed in order to deter criminal activity, and prevent
the proliferation of illegal drug use and distribution associated with pain management clinics.
BACKGROUND
In October of 2009, the City of Delray Beach amended its LDRs to provide clarification
regarding the dispensing of narcotic drugs and certain definitions contained therein. This
ordinance was adopted by the Delray Beach City Council on October 20,2009.
At the December 8,2009 Palm Beach County Board of County Commissioner’s (BCC) meeting,
the Board voted unanimously to declare Zoning in Progress in order to allow County staff to
amend the Unified Land Development Code (ULDC) to establish regulations for pain
management clinics. This action was taken in an effort to address the proliferation of pain
management clinics in the unincorporated areas of the County.
The BCC is expected to adopt regulations pertaining to pain management clinics in March of
2010. The County’s regulations will only apply to the unincorporated areas of the County and
not to the City of Palm Beach Gardens. Therefore, the City of Palm Beach Gardens has initiated
the subject amendment.
In a letter to the Palm Beach County League of Cities dated December 8, 2009, Commissioner
Burt Aaronson, Commission Chair, urged all municipalities to consider the regulation of pain
management clinics.
On January 25, 2010, the City of West Palm Beach approved a moratorium on first reading
similar to Palm Beach County’s, in order to prevent new pain management clinics from opening
in order to provide West Palm Beach the opportunity to develop and adopt appropriate
regulations . The second reading is scheduled for February 9,2010.
PROPOSED CITY CODE AMENDMENT:
Staff recommends approval of a text amendment to the following Code Sections: (Deletions are
.skttek, new language is underlined):
Sec. 78- 159. Permitted uses, minor and major conditional uses, and prohibited uses.
(a> - (0 (These subsections shall remain in full force and effect as previously enacted.)
Meeting Date: February 4,2010
Petition: LDRA- 10-01 -000028
Ordinance 5,2010
Page 2 of 4
I
Meeting Date: February 4,2010
Petition: LDRA-10-01-000028
Ordinance 5,2010
Page 3 of 4
Table 2 1 : Permitted, Conditional, and Prohibited Use Chart. is hereby amended such that “47.’
shall be added to the “Note” column at “Office, Medical or Dental.”
(i) “Note” column of Table 2 1.
(1) - (47)
l47.1) Offices, medical or dental. Medical or dental offices shall be subiect to the following
regulations:
- a. On-site dispensing of controlled substances that are identified in Schedule 11, 111,
or IV in Sections 893.03, 893.035 or 893.036, Florida Statutes, is strictly prohibited,
unless otherwise expressly permitted by statutory or general law. However, the following
are exempt from this prohibition:
- 1. A health care practitioner when administering a controlled substance directly to a
patient if the amount of the controlled substance is adequate to treat the patient during
that particular treatment session.
- 2. A pharmacist or health care practitioner when administering. a controlled
substance to a patient or resident receiving care as a patient at a hospital, nursing home,
ambulatory surgical center, hospice, or intermediate care facility for the developmentally
disabled which is licensed by the state.
- 3. A health care practitioner when administering a controlled substance in the
emergency room of a licensed hospital.
- 4. A health care practitioner when administering or dispensing a controlled
substance to a person under the age of 16.
- 5. A health care practitioner when dispensing a one-time, 72-hour emergency
resupply of a controlled substance to a patient.
(These subsections shall remain in full force and effect as previously enacted.)
Additional Standards. The following standards apply to specific uses as indicated in the
(These subsections shall remain in full force and effect as previously enacted.)
(48) - (70)
[Note: This section was amended to incorporate additional regulations regarding medical
or dental office uses. The additional standards clarify the types of practitioners and
establishments that may dispense controlled substances within the City’s corporate limits.]
Section 78-75 1. Definitions.
Drugstore or pharmacy, general means a retail store which sells or dispenses drugs,
includinp “controlled substances” as defined in Chapter 893, Florida Statutes, pharmaceuticals,
medical supplies, items for personal hygiene, and a wide variety of convenience or consumer
goods such as beverages, pre-packaged foods, books and magazines, beauty products, tobacco
products, and alcoholic beverages.
Office, medical or dental means facility
.. providing health care
services to the public by physicians. dentists, chiropractors, osteopaths, physical therapists,
Meeting Date: February 4,2010
Petition: LDRA-10-01-000028
Ordinance 5,2010
Page 4 of 4
nurses, acupuncturists, podiatrists, optometrists, psychiatrists, (who are also known as health care
practitioners) or others who are duly licensed to practice their respective medical or dental
profession in the State of Florida, as well as others, including but not limited to technicians and
assistants. who are acting under the supervision and control of a licensed health care
practitioner.
Office, business or professional means an establishment providing executive,
management, and professional services to the public, including but not limited to the following:
advertising services, business offices of private companies, business offices of utility companies,
public or nonprofit agencies, trade associations, and employment offices; excluding day labor
and labor pool services; professional or consulting offices for accounting, architecture, computer
technology, design, engineering, landscape architecture, law, urban planning, and similar
professions; property and financial management, real estate; secretarial and telecommunication
services; and travel agencies. This definition does not include offices for the treatment of
animals on the premises nor does it include Medical or Dental Offices.
[Note: This section was amended to repeal the existing definitions of “drugstore or
pharmacy”, “office, medical or dental”, and “office, business or professional”, to clarify the
definitions to be consistent with the additional regulations proposed in new subsection 78-
159(j)(47. l).]
******
STAFF ANALYSIS
The proposed LDR text amendment provides additional regulations pertaining to medical or
dental office uses within the City. Staff has determined that the City’s Code of Ordinances does
not sufficiently regulate when and where narcotic drugs may be dispensed. Therefore, staff
believes it is in the best interest of the City residents, visitors, and businesses to adopt the subject
regulations in order to deter criminal activity, and stop the proliferation of pain management
clinics that have been associated with patterns of illegal drug use in neighboring municipalities
and the unincorporated areas of Palm Beach County.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Ordinance 5,2010 on first reading.
0 78-751 .PALM BEACH GARDENS CODE
Nonconforming premise means a premise which is nonconforming to the present require-
ments of this chapter due to non-structural site elements, including but not limited to the
following: required parking and loading spaces; required dumpster or other trash receptacle
space; vehicle stacking requirements; required access lanes; required screening, landscaping,
or similar site improvements; pedestrian circulation; signs; site lighting; overlay district
requirements; and required site improvements.
Nonconforming use means a land use which was permitted when established, but does not
conform to the regulations of the zoning district in which it is located.
Nonconformity, dimensional means a lot, premises, structure, or building, or any combina-
tion thereof, which does not comply with one or more of the following: minimum building site
area; minimum lot size; minimum lot width; minimum lot depth; minimum building setback;
maximum lot coverage; maximum floor area ratio; maximum building height; minimum open
space; minimum off-street parking; and any other similar dimensional criteria established by
this chapter.
Nonresidential subdivision means a subdivision whose intended use is other than residen-
tial, such as commercial or industrial.
Notice means notifying the public of the time, date, and location of a public hearing by one
(1) Publication in a newspaper of general circulation;
(2) "he provision of required mail notice; or
(3) Posting property with signs provided by the city.
Nursing and convalescent facility means a facility licensed and regulated by the state that
provides lodging and long term skilled nursing care for aged, chronically ill or convalescent
patients, but excluding hospitals, clinics, or similar institutions devoted primarily to the
diagnosis and treatment of the sick or injured.
Office, medical or dental means an establishment offering patients medical services,
examinqtions, and treatments, by professionals trained in healing or health-related practices,
including medial doctors, dentists, chiropractors, osteopaths, chiropodists, naturopaths, op-
tometrists, or any similar profession as is legal in the State of Florida.
Ofice, business or professional means an establishment providing executive, management,
and professional services to the public, including but not limited to the following: advertising
services, business offices of private companies, business offices of utility companies, public or
nonprofit agencies, trade associations, and employment offices; excluding day labor and labor
pool services; professional or consulting offices for accounting, architecture, computer tech-
or more of the following methods:
Supp. No. 13 CD78:412
'. .
LAND DEVELOPhENT Q 78-751
c
ic
tools, paint and hardware items, sporting goods, travel services, optometrist services and
eyeglasses, and other similar goods and services, and where at least four of the following six
conditions are present:
(1) Sales are conducted within a single building or accessory structure to a single building;
(2) Floor areas are divided into departments according to category of merchandise being
sold;
(3) Shopping carts are provided for customer use in carrying merchandise in the store;
(4) Merchandise is arranged predominantly in aides to aid customers' use of shopping
carts;
(5) Customer shopping is self-service (i.e., salespersons are not employed or are limited to
only a few departments such as consumer electronics or jewelry); and
- (6) The actual point of sale is via cash registers located at a centralized facility typically
located near the exit doors at the front of the store, where the customer brings
merchandise for the sales transaction.
Disturbed Zund means land that no longer supports the assemblage of dominant plant and
animal epecies characteristic of native Florida ecosystems and if nurtured by man can never
return to a habitat.
Dock, private means an accessory structure built on or over the water which is designed or
-used to provide anchorage for an access to one or more boats for private use and owned by the
property to which the dock is accessory. A private dock may be prwided with electrical, water,
sewer, and related utilities.
Drip line means a vertical line extending from the outermost branches of a tree to the
ground.
Drive-in facility means any use which by design, physical hcilities, service, or procedure
encourages or permits customers to receive services or obtain goods while remaining in their
vehicles. This term includes drivetbrough and drive-up facilities.
Drugstore or pharmacy, general means a retail store which sells or dispenses drugs,
pharmaceuticals, medical supplies, items for personal hygiene, and a wide variety of
convenience or consumer goods such as beverages, pre-packaged foods, books and magazines,
beauty products, tobacco products, and alcoholic beverages.
Drugstore or phnrmacy, limited means a pharmacy which is limited to the sale of drugs,
pharmaceuticals, and medical supplies.
Dry cleaning means a professional dry cleaning or laundry establishment senring individual
or commercial customers.
Dumpster means a refuse, debris, trash recycling, or garbage container which is construded
so that such can be mechanically lifted from its stationary location and placed on a trash or
rehe collection vehicle ar emptied into an appropriate container.
Supp. No. 10 CD78:397
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47
ORDINANCE 5,2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND
159(j)(47.1) AND BY AMENDING TABLE 21: PERMITTED,
CONDITIONAL AND PROHIBITED USE CHART IN ORDER TO
ADOPT REGULATIONS PERTAINING TO MEDICAL OFFICES;
DEFINITIONS. BY REPEALING THE DEFINITIONS OF
“DRUGSTORE OR PHARMACY”, “OFFICE, MEDICAL OR
DENTAL”, AND “OFFICE, BUSINESS OR PROFESSIONAL” AND
READOPTING SAME, AS REVISED, IN ORDER TO REVISE AND
CLARIFY SUCH DEFINITIONS; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78.
LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
DEVELOPMENT. BY ADOPTING NEW SUBSECTION 78-
FURTHER AMENDING CHAPTER 78 AT SECTION 78-751.
WHEREAS, the City Council of the City of Palm Beach Gardens has determined
that in the absence of regulations identifying where narcotic drugs may be dispensed,
the City’s residents, visitors, and businesses are more vulnerable to criminal actions,
despite the provision of law enforcement services; and
WHEREAS, the City Council finds that the illegal sale, use, and delivery of
controlled substances is a threat to the health, safety, and welfare of the residents of the
City; and
WHEREAS, the City Council has recently been made aware by law enforcement
and news reports that a pattern of illegal drug use and distribution has been associated
with pain management clinics in neighboring municipalities, which dispense narcotic
drugs on site; and
WHEREAS, the City Council has determined that a need exists to adopt
regulations that identify where narcotic drugs may be dispensed in order to deter
criminal activity and promote the public health, safety, and welfare; and
WHEREAS, it is not the intent of this Ordinance to interfere with the legitimate
medical use of controlled substances, but rather to prohibit the dispensing of narcotic
drugs on site at medial offices, to the extent permitted by law; and
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Ordinance 5.2010
WHEREAS, this Ordinance was reviewed by the Planning, Zoning, and Appeals
Board, sitting as the Local Planning Agency, at a public hearing on February 9, 2010,
and the Board recommended approval by a vote of - to -; and
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. Chapter 78, Land Development of the Code of Ordinances of the
City of Palm Beach Gardens, Florida is hereby amended by adopting new subsection
78-1 59(j)(47.1) and annotating Table 21 : Permitted, Conditional and Prohibited Use
Chart at “Office, medical or dental” by adding “Note” 47.1 in order to adopt regulations
regarding the locations and circumstances under which narcotic drugs may be
dispensed; providing that Section 78-1 59 shall hereafter read as follows:
Sec. 78-1 59. Permitted uses, minor and major conditional uses, and prohibited uses.
(a) - (0 (These subsections shall remain in full force and effect as previously
enacted.)
Table 21: Permitted, Conditional, and Prohibited Use Chart. is hereby amended such
that “47.1” shall be added to the “Note” column at “Ofice, Medical or Dental.”
(j) Additional Standards. The following standards apply to specific uses as
indicated in the “Note” column of Table 21.
(1)-(47) (These subsections shall remain in full force and effect as previously
enacted .)
l47.1) Office, medical or dental.
following regulations:
Medical or dental offices shall be subiect to the
a. On-site dispensing of controlled substances that are identified in
Schedules II, Ill, or IV in Sections 893.03, 893,035, or 893.0356, Florida Statutes,
is strictly prohibited, unless otherwise expressly permitted by statutorv or general
law. However, the following are exempt from this prohibition:
- 1. A health care practitioner when administering a controlled
substance directly to a patient if the amount of the controlled substance is
adequate to treat the patient during that particular treatment session.
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Ordinance 5, 2010
- 2. A pharmacist or health care practitioner when administerinq a
controlled substance to a patient or resident receivinq care as a patient at
a hospital, nursing home, ambulatory surgical center, hospice, or
intermediate care facility for the developmentally disabled which is
licensed by the state.
- 3. A health care practitioner when administerinq a controlled
substance in the emergency room of a licensed hospital.
- 4. A health care practitioner when administering or dispensing a
controlled substance to a person under the aqe of 16.
- 5.
emergency resupply of a controlled substance to a patient.
A health care practitioner when dispensing a one-time, 72-hour
b. Additionally, the health care practitioner responsible for the operation or
supervision of any medical or dental office shall execute an affidavit
acknowledging the requlations set forth hereinabove prior to payment of the
required business tax, and annually thereafter upon renewal of same prior to the
issuance of a business tax receipt. Failure or refusal to execute the required
affidavit shall constitute prima facie evidence that the subiect medical or dental
office is operatinq in violation of the code of ordinances, which may result in code
enforcement action, revocation of business tax receipt ,and/or any other actions
permitted by law.
(48)-(70) (These subsections shall remain in full force and effect as previously
enacted.)
SECTION 2. Chapter 78, Land Development of the Code of Ordinances of the
City of Palm Beach Gardens, Florida is hereby amended at Section 78-751.
“Definitions.” by repealing the definitions for the terms “Drugstore or pharmacy”, “Office,
medical or dental”, and “Office, business or professional’’ and readopting same as
revised, proving that each of which shall be placed in alphabetical order in the list of
definitions; providing that “Drugstore or pharmacy”, “Office, medical or dental”, and
“Office, business or professional” shall hereafter be defined and read as follows:
Drugstore or pharmacy, general means a retail store which sells or dispenses
drugs, includinq “controlled substances” as defined in Chapter 893, Florida Statutes,
pharmaceuticals, medical supplies, items for personal hygiene, and a wide variety of
convenience or consumer goods such as beverages, pre-packaged foods, books and
magazines, beauty products, tobacco products, and alcoholic beverages.
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Ordinance 5. 2010
Ofice, medical or dental means a- facility
ef F!& providina health care services to the public by physicians, dentists,
chiropractors, osteopaths, physical therapists, nurses, acupuncturists, podiatrists,
optometrists, psychiatrists (who are also known as health care practitioners), or others
who are duly licensed to practice their respective medical or dental profession in the
State of Florida, as well as others. includinq, but not limited to, technicians and
assistants who are actina under the supervision and control of a licensed health care
practitioner.
Ofice, business or professional means an establishment providing executive,
management, and professional services to the public, including, but not limited to, the
following: advertising services, business offices of private companies, business offices
of utility companies, public or nonprofit agencies, trade associations, and employment
offices; excluding day labor and labor pool services; professional or consulting offices
for accounting, architecture, computer technology, design, engineering, landscape
architecture, law, urban planning, and similar professions; property and financial
management, real estate; secretarial and telecommunication services; and travel
agencies. This definition does not include offices for the treatment of animals on the
premises nor does it include Medical or Dental Offices.
SECTION 3. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 4. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
SECTION 5. Specific authority is hereby given to codify this Ordinance
SECTION 6. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page intentionally left blank)
4
Ordinance 5, 2010
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46 47
PASSED this day of , 2010, upon first reading.
PASSED AND ADOPTED this day of , 2010, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
-
Jody Bamett, Councilmember
Robert G. Premuroso, Councilmember-
ATTEST:
FOR AGAINST ABSENT
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
G:\attorney-share\ORDINANCESDOl O\Ordinance 5 201 0 - Pain Clinics-Chapter 78.doc
5
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor Russo and City Council Members
DATE: January 28,2010
THRU: Ron Ferris, City Manager 4-/ .1.
FROM: Kara Irwin, AICP, Growth Management Administrator
SUBJECT: Art Impact Fund Discussion
C: Patricia Snider, CMC, City Clerk
On January 19, 1989, the City Council adopted Ordinance 46, 1988, which created the Art in
Public Places program, which set a 2% art fee requirement for private development on site with a
$1,000,000.00 minimum vertical construction cost, as well as an alternative requirement of a 1%
if a developer wanted to contribute the funds to the City. The 2% requirement was later
amended to 1% on September 23, 1993, through the adoption of Ordinance 12, 1993, in order to
encourage art on development sites within the City. The City further updated the Art in Public
Places program through the adoption of Ordinance 19, 199 1 ; Ordinance 36, 199 1 ; Ordinance 9,
1998; Ordinance 12, 1999; Ordinance 14, 1999; Ordinance 17, 2000; Ordinance 1 1, 2002;
Ordinance 17,2004; Ordinance 1,2007; and Ordinance 36,2009.
Since 1995, the Art Impact Fund has accumulated approximately $1,784,822.00 in developer
contributions, as well as $235,960.00 in interest. To date, the City has utilized approximately
$1,207,624.00 on art related projects within the City, including, but not limited to, “Contiguous
Currents”, “Triptych”, “Astralis”, and improvements to the PGA Boulevard Flyover.
On February 4, 2010, the City Council will be discussing the possibility of a one-year
moratorium on the Art in Public Places requirement. Please be advised that the Art Impact Fee is
collected at the time of issuance of the building permit for vertical construction. Either money
must be collected or the applicant is required to place the fees in escrow prior to the issuance of
the permit.
Projects in the City that have received development approval, but have yet to submit for permit,
may benefit from a moratorium, if they request their vertical building permits within the
established time frame of a moratorium. Those projects could possibly include:
0 Catalfumo Parcel 5A,
Latitude at the Gardens (Parcel 3 1.04),
0 Catalfumo Parcel 5B,
NorthCorp Lots 4 &5 (Phase 11),
Gardens Corporate Center (Gosman Site), and
0 The Pointe (Phase I & 11).
Furthermore, development projects that are currently under review that may also be eligible
depending on the established time frame for the moratorium and approval by City Council
include:
St. Mark’s Episcopal School,
0 TheBrigerDRI.
Steeplechase Research & Office Center, and
Please be advised that the most recently issued permit for vertical construction, Frenchman’s
Crossing Planned Unit Development (PUD), has already received approval for their Art in Public
Places requirement. While The Pointe PUD has not been issued a permit for vertical
construction at this time, permits for site clearing and infrastructure have been issued, and the
vertical construction permit is under review.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
February 4,2010
7:OO P.M.
Mayor Russo
Vice Mayor Levy
Council Member Jablin
Council Member Barnett
Council Member Premuroso
J I. PLEDGE OF ALLEGIANCE
JII. ROLLCALL
v Ut. ADDITIONS. DELETIONS. MODIFICATIONS:
* IV ANNOUNCEMENTS / PRESENTATIONS:
a. Recognition of W.T. Dwyer High School Football State Championship.
d V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT
JVa COMMENTS FROM THE PUBLIC (For Items Not on the Agenda. please submit
reuuest form to the Citv Clerk mior to this Item).
VIIL co NSENT AGENDA; 84.9- a. iPaPe 4) Approve Minutes from January 7,2010 City Council meeting. d\O 9*
b. (Staff ReDort on Page 9, Resolution on Page 11 ) Resolution 6,2010 - Interlocal
Agreement with Palm Beach Community College. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an Interlocal
Agreement with Palm Beach Community College for professional development
training for Fire-Rescue personnel; providing an effective date; and for other
purposes.
M. PUBLIC HEARINGS: t* Desipnates Ouasi-Judicirl Hearin@
-mStaff ReDort on Page 18, Ordinance on Page 70) bce 1,2010 re ig) Text Am * to the Ca ' 11 11 rovements Element. An Ordinance
amendment to its Comprehensive Development Plan in accordance with the
mamlates set fbrth in Sections 163.3177 and 163.3187, et seq., Florida Statutes.
pursumt to a Cii-initiated amendment which provides 'for the annual update tc
the five-year capital improvemmts schedule within the capital improvements
element, imluding revised text mxessaq to update tabular data in the Capital
Impnweaoentg E-, pvidingthat the text ami daEa, as amended or revised,
shall be substituted for and repla= the existing text or data in the Capital
hprovememts Element; providing fbr braasmittal to tl$t State Land Planning
Agency; pnnriding a conflicts clause, a severability dause, and authority tc
of the city council of the city of Palm Beech Gardm Florida adopting 8n
&/or 6 '1.
X RESOLUTIONS
XI ORDINANCES (For Consideration on First Reading)
(Staff ReDort on PaPe 81, Ord-on PaPe 87) Ordinance 5, 2010 - I
Clinic. An Or- of the Ci Council of the City &Palm Beach Gardens,
Florida amending Chapter 78. Land Development. by adopting new Subsection
78-15qX47.1) and by amendiag Table 21: Permitted, carditional and Prohibited
Use Chart in order to adopt regdations pertaking to Medical Offices; further
amending Chapter 78 at Section 78-751. Ddinitions. by repealing the definitions
of "Dnqptore or Plmmag", "OBCe, Medid or Dental", and "Office, Business
or hhsional" and readopting same, as revised, in order to revise and clarify
such definitions; providing that each and every other Section and Subsection oi
Chapter 78. Land Development. shall remain in full force and eff' as previously
adoptd, providing a conflicts daus~, a severability clause, and authority3
C0dify;providingan~~vedatqand~ather~~
XIL ITEMSFORCOUNCIL ACTIONlDISCUSS ION:
JPage 92) AIPP (Art in Public Places) Impact Fee Moratorium discussion
(Councilmember Barnett)
Xm. CITY A'lTORNEY REPORT
XIV. ADJOURNMENT
PLEQSE TAKE NOTICE AND BE ADnsED that if any inlaesledparty wikhes to appeal
any decision ma& by the City hncil with respect fo any nralfer considered at this public
hearing, such interestedpersons will need a rtxod of theproccadngs and may need to ensure
that a verbatim record is made, inchling the tstinaony and evidence upon which the apped is
to be based
In acconhnce with the Americrrns with Disabilities Act and Section 286.26, Florida Statutes,
persons with &abiWes needing sjwcial accommDdaa0 ns in order to participate in this
proceeding are entitled to thepmvision of certain asshbnce at no cost please call the City
Clerk's wee at 561-799-4122 no later than 5 hys prior to the hearing if this assistance is
required For hearing impaid assktamce, 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.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
February 4,2010
7:OO P.M.
Mayor Russo
Vice Mayor Levy
Council Member Jablin
Council Member Barnett
Council Member Premuroso
I. J PLEDGE OF ALLEGIANCE
11. /ROLLCALL
111. /ADDITIONS, DELETIONS, MODIFICATIONS:
IV ./ANNOUNCEMENTS / PRESENTATIONS:
a. Recognition of W.T. Dwyer High School Football State Championship.
v. /ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
VII. 4OMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
reauest form to the City Clerk prior to this Item)
/ VIII. CONSENT AGENDA:
a. lpane 4) Approve Minutes from January 7,20 10 City Council meeting. 9*
b. Gtaff Rem rt on Pane 9. Reso lution om P ane 11) Resolution 6, 2010 - Interlocal
Agreement with Palm Beach Community College. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an Interlocal
Agreement with Palm Beach Community College for professional development
training for Fire-Rescue personnel; providing an effective date; and for other
purposes.
4 -0
IX. +JBLIC HEARIN GS: (* Desimates Ouasi-Judicial Hearing)
a. lStrff Rewrt on Pane 18. Ordinanc e on Pane 70) Ordinance 1, 201 0 - (1 st
reading) Text Amendment to the Capital Improvements Element. An Ordinance
of the City Council of the City of Palm Beach Gardens, Florida adopting an
amendment to its Comprehensive Development Plan in accordance with the
mandates set forth in Sections 163.3177 and 163.3187, et seq., Florida Statutes,
pursuant to a City-initiated amendment which provides for the annual update to
the five-year capital improvements schedule within the capital improvements
element, including revised text necessary to update tabular data in the Capital
Improvements Element; providing that the text and data, as amended or revised,
shall be substituted for and replace the existing text or data in the Capital
Improvements Element; providing for transmittal to the State Land Planning
Agency; providing a conflicts clause, a severability clause, and authority to
codify; providing an effective date; and for other purposes.
X. - RESOLUTIONS:
XI / ORDINANCES: (For Consideration on First Reading)
a. fi Qn Pane 81. Ordinance on Pane 87l Ordinance 5, 2010 - Pain
Clinic. An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida amending Chapter 78. Land Development. by adopting new Subsection
78-1 59(i)(47.1) and by amending Table 21: Permitted, Conditional and Prohibited
Use Chart in order to adopt regulations pertaining to Medical Offices; further
amending Chapter 78 at Section 78-751. Definitions. by repealing the definitions
of “Drugstore or Pharmacy”, “Office, Medical or Dental”, and “Office, Business
or Professional” and readopting same, as revised, in order to revise and clarify
such definitions; providing that each and every other Section and Subsection of
Chapter 78. Land Development. shall remain in full force and effect as previously
adopted; providing a conflicts clause, a severability clause, and authority to
codify; providing an effective date; and for other purposes.
54
XII./ITEMS FOR COUNCIL ACTIONLDISCUSSION:
a. age 92) AIPP (Art in Public Places) Impact Fee Moratorium discussion
(Councilmember Barnett)
XIII. ~ITY ATTORNEY REPORT:
vhl- 7r)dLU RvSlpmJ ” V& on~lEJSF/C~ 4-1 XIV. JADJOURNMENT
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 OBce 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.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Y- , Address: 11 o[ \! INT&X %LW City: x u) 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.
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: City: 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.
Comments From The Public Request to Address City Council Please Print Name: -- r* WUIU 6- Address: c5-20 TDH %L W-P Subject: I 1 &aMUT- City: 7Al-d M!f 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: 510 EAST- ew D&s C,*+ City: @G 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 / Name: jh Please Print J Address: City: 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.
COMMENTS FROM THE PUBLIC Request to Address City Council City: 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) minlutes.
Comments From The Public Request to Address City Council Please Print City: 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: 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. rl
DWYERPANTHERSFOOTBALL
William T. Dwyer High Schools Panthers Football Team defeated
Niceville 42-14 to capture the 2009 Florida High School Athletic
Association State Championship on Saturday, December 19th
in Orlando’s Citrus Bowl,
The team scored 669 points and yielded only 79 for an average
score of 45-5 for the entire season, The final Max Preps High
School Football ranking, a CBS affiliated ranking service, had the
Dwyer Panthers High School as #4 nationally.
The championship run wa~ led by several outstanding players,
some of whom are already enrolled in college this semester
including one named as “Florida’s Mr, Football” Matt Elam, at
the University of Florida.
The team was led by Head Coach Jack Daniels in his ~fh season
and a terrific M that have established a powerhouse football
program at Dwyer High School.
Congratulations on your exceptional accomplishment!
Prepare for the event of culinary and cultural indulgence ...
Wine, Dine and Design
March 20,2010 I 3pm-8pm
Proceeds benefiting the Haitian Relief and Damon Runyon Cancer Research Foundation
The region's most exclusive meet and greet. Meet the vintners. The artists. The chefs. The
designers.
Wine, Dine and Design welcomes aficionados of fine culture to enjoy an afternoon of
premium tastings of fine wines and gourmet cuisine. Indulge in a captivating showcase
featuring the region's most celebrated artists and interior designers.
Live Music, Dance Performances, and much more.
Limited Tickets Available.
RSVP by March 17+h
Purchase Your Advanced Tickets For $25
Purchase online at www.winedineanddesian.com
b 1
Hosted by the beautiful and award winning Store Self and Wine Storage in Palm Beach
Gardens
Wine, Dine & Design will feature: Zuccarelli's Italian Restaurant, Spoto's Oyster Bar,
Deerfield Ranch Winery, Tobacco Road Cellars, Wine Guerrilla, Robledo Family Winery,
Black Coyote Chateau, Derbes Wines, DiArie Vineyards & Winery, Arthur Murray Dance
Studio, Cabot Cheese and many more. Visit us online at www.winedineanddesign.com
for complete information.