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HomeMy WebLinkAboutAgenda Council Agenda 120700e: a • 0 City of Palm Beach Gardens Council Agenda December 7, 2000 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Z 0 Vice Mayor Jablin -� Council Member Clark -� Council Member Furtado Council Member Sabatello ---' • � pntmewd4aNau All those wishing to address the City Council need to complete the necessary form located by the entrance to the Council Chambers and submit it to the City Clerk prior to the meeting being called to order. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING DECEMBER 7, 2000 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: Ig IV. PRESENTATIONS: a. School Concurrency b. Stormwater Utility, . D4w Ca4.tx - C'..+.. m••�..rM.•++ �.r �ArlrPr• V. CITY MANAGER REPORT: a. Public Information Report b. Growth Management Report ' �+ • VI. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) VII. CONSENT AGENDA: a. Consideration of approving Minutes from the November 2, 2000 Regular City Council Meeting. b. Resolution 116, 2000 — Exchange of Surplus Property — Fire Rescue Chassis. Consideration of authorizing the exchange of surplus property. C. Resolution 122, 2000 - Fairway Office Center Plat. Consideration of approving the Fairway Office Center Plat. i a? t �[ v D Y V f1.s PkRt9 ir ©trFr04 �aDC" 73AA6 /-tR•wr* - s(riu,uT s_t. - v A oa"i P.. aw vN, 11 tSSutJ ��r R ro Nope,*W,,ea 14 A • • • • d. Fire Rescue Gear. Consideration of approving the purchase of Turnout Gear for Firefighters from Bennett Fire Products in the amount of $34, 300.00 by "piggybacking" on the Lee - Collier County contract. VIII. PUBLIC HEARINGS: a. Resolution 113, 2000 — Final Assessment Resolution for PGA Flyover. Consideration of adopting a resolution relating to the construction and 1rpf'` funding of certain local improvements; creating the PGA Flyover 1) Assessment Area; amending the initial Assessment Resolution and Pry confirming the initial Assessment Resolution as amended; imposing special assessments and establishing the maximum annual assessment rate; approving the assessment roll; providing for collection of the assessments; and providing an effective date. b. Resolution 114, 2000 - Uniform Method of Collecting Non -ad Valorem C V*f14 v Assessments. Consideration of electing to use the Uniform Method of Collecting Non -ad Valorem Special Assessments levied within certain Ate" areas of the City; stating a need for such levy; providing for the mailing of FF this Resolution; and providing for an effective date. OX C. Resolution 120, 2000 — Tanglewood Density Exemption. Consideration tre V. Lro of providing for an exemption of a non - conforming use for the A,. - JJAL6F �rr� Iun� "v � A y� .Tanglewood PUD, located on the East side of Military Trail, just South AoA.. Sr„.v :�,Wc. of PGA Boulevard, to allow the continuation of the existing residential density. --'P C+•s"i• d. Ordinance 22, 2000 — Citywide Impact Fees. Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, ,A ' u C C�S,�_1 coil P pY V/ P% • a, providing for the amendment of Division IV of Article III of the City's Land Development Regulations, entitled "Citywide Impact Fees," to update the Fire Protection and Emergency Medical Services, Police Protection and Parks and Recreation Impact Fee Schedules, amend the independent calculation formulas, clarify the lien provisions, and make other minor revisions; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. e. Ordinance 29, 2000 — Fire/Police Station. Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of a Conditional Use for an 8,620 square -foot Fire/Police r Station at the Northeast corner of Howell Lane and Northlake Boulevard; Q' providing for severability; providing for conflicts; and providing for an effective date. f. Ordinance 30, 2000 — The Benjamin School. Consideration of an Lea T. Ordinance of the City Council of the City of Palm Beach Gardens, Florida, 14,,.,. g, D IF ►+� i w 24 v •o v^ d .lj L N ,V* y � 1 S TAT-+r %tPPRrs �s er/Z • t¢rjq RD ORIHRw - 00 4r ow "Nor C:r4ouGN Qatic Sw� ✓i- Jo wv ry A 'YKCI�43 VJAI.p �IiG� Qi•p ►s �t�°� `� �-c� ul`(f'v��e �1. s �, s • �J • providing for the approval of the application of the Benjamin Private School, Inc., for rezoning of 50 acres of land, located at the Northwest corner of the intersection of Central Boulevard and an unnamed future East -West Road as more particularly described herein, from Planned Development Area (PDA) to Public /Institutional (PI) with a Planned Unit Development (PUD) overlay, in order to construct a 187,671 square foot private high school campus; providing for waivers; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. IX. RESOLUTIONS: a. Resolution. 29, 2000 - Fairways Office Center Covered Parking. Consideration of amending Resolution 55, 1998 to allow for the construction of 66 covered parking spaces in the Fairway Office Center located within the PGA National Planned Community District. b. Resolution 91, 2000 - Fire/Police Station (Petition # SP- 00 -12). Consideration of approving an application from the City of Palm Beach Gardens for a site plan for an 8,620 square foot Fire/Police Station that will include a 3,363 square foot Fire Station, a 3,448 square foot truck bay, an 1,809 square foot Police sub - station, and a future 4,500 square foot training facility in Phase 2, located at the Northeast corner of Howell Lane i and Northlake Boulevard; and providing for conditions of approval. C. Resolution 98, 2000 - Mirasol (Golf Digest PCD) Golf Club Drive A �� CMpy� Guardhouse. Consideration of providing for Site Plan approval for a q.oL, guardhouse within the right -of -way of Golf Club Drive on the west side of Jog Road within Mirasol (Gold Digest PCD), said development being located along the north side of PGA Boulevard, west of the Florida Turnpike, east of the Loxahatchee Slough, and South of Hood Road; and providing for conditions of approval. d. Resolution 105, 2000 - La Posada. Consideration of approving a site plan for a senior assisted living facility (La Posada) located within the Regional COW'... J - Center Development of Regional Impact (DRI) consisting of 301 units, as more particularly described herein; providing for six waivers to allow the -� addition of 209 covered parking spaces, the location of covered parking spaces within the required 100 -foot setback, the elimination of two sidewalks, a reduction in the 15 foot landscape buffer, the reduction in the street side setback along the eastern perimeter, and the encroachment of structures within the lake maintenance easement tract; providing for an amendment to the Master Signage Program for the DRI as adopted in Resolution 64, 1998 to modify the design and location of the permitted signs and add two directional and two directory signs to the Master Signage Program; providing for conditions of approval. e. Resolution 106, 2000 — Costco Tire Center Addition. Consideration of approving an application from Costco Wholesale, Inc. for an amendment°''a As •vw� -O'� to the Costco Site Plan, located approximately 3/4 of a mile east of the intersection of Northlake Boulevard and Interstate Highway 95, on the south side of Northlake Boulevard, as more particularly described herein, by approving a 2,280 square -foot building addition to house a tire center; 1� providing for conditions of approval. f. Resolution 117, 2000 — Code Enforcement Special Master. Consideration l7 AVV of appointing Kevin M. Wagner to serve as Code Enforcement Special R' e Master on an interim basis and authorizing the Mayor and City Clerk to ►- `� execute an agreement. g. Resolution 121, 2000 — FDOT Roadway Lighting System Maintenance Agreement. Consideration of executing a Roadway Lighting System Maintenance Agreement and Addendum with the Florida Department of Transportation. Ve h. Resolution 123, 2000 — Police Pension Board Appointment. Consideration of appointing Dennis Pierson to the Board of Trustees of ..� the Police Officers' Retirement Pension. • i. Resolution 124, 2000 — Interlocal Agreement for exchange of Geographic a and Land Information with Palm Beach County. Consideration of �t,e authorizing an agreement with Palm Beach County for exchange of �e Geographic and Land Information. X. ORDINANCES: (For Consideration on First Reading) a. Ordinance 35, 2000 — Palm Beach Gardens Medical Center. Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Tenet of South Florida Health Systems for an amendment to the Palm Beach Gardens Medical Center Planned Unit Development which was originally approved by Ordinance 28, 1991 and subsequently amended by Resolution 92, 1992, Resolution 3, 1995 and Ordinance 25, 1995; I s� approving a change in uses of 81,600 square -feet of previously approved unbuilt medical center uses located at the southeast corner of Burns Road and Gardens East Drive, as more particularly described herein; providing as for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. • • XI. ITEMS FOR COUNCIL ACTION: a. Appraisal of Preserve Lands. Consideration of, a motion to approve utilizing highest and best use as the appraisal method for appraising d preserve lands. V&kt b. Executive Search Firm — City Manager. Consideration of selections for an executive search firm to begin the recruitment of a City Manager. XII. ITEMS FOR DISCUSSION: a. Casino (Tanglewood) Commercial Splitting from Residential Redevelopment. XIII. ITEMS & REPORTS BY MAYOR AND COUNCIL: XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, . persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than S days prior to the proceeding at telephone number (561) 799 -4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. • . e. Resolution 106, 2000 — Costco Tire Center Addition. Consideration of approving an application from Costco Wholesale, Inc. for an amendment to the Costco Site Plan, located approximately 3/4 of a mile east of the intersection of Northlake Boulevard and Interstate Highway 95, on the south side of Northlake Boulevard, as more particularly described herein, by approving a 2,280 square -foot building addition to house a tire center; providing for conditions of approval. f. Resolution 117, 2000 — Code Enforcement Special Master. Consideration of appointing Kevin M. Wagner to serve as Code Enforcement Special Master on an interim basis and authorizing the Mayor and City Clerk to execute an agreement. g. Resolution 121, 2000 — FDOT Roadway Lighting System Maintenance Agreement. Consideration of executing a Roadway Lighting System Maintenance Agreement and Addendum with the Florida Department of Transportation. h. Resolution 123, 2000 — Police Pension Board Appointment. Consideration of appointing Dennis Pierson to the Board of Trustees of the Police Officers' Retirement Pension. • i. Resolution 124, 2000 — Interlocal Agreement for exchange of Geographic and Land Information with Palm Beach County. Consideration of authorizing an agreement with Palm Beach County for exchange of Geographic and Land Information. X. ORDINANCES: (For Consideration on First Reading) a. Ordinance 35, 2000 — Palm Beach Gardens Medical Center. Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Tenet of South Florida Health Systems for an amendment to the Palm Beach Gardens Medical Center Planned Unit Development which was originally approved by Ordinance 28, 1991 and subsequently amended by Resolution 92, 1992, Resolution 3, 1995 and Ordinance 25, 1995; approving a change in uses of 81,600 square -feet of previously approved unbuilt medical center uses located at the southeast corner of Burns Road and Gardens East Drive, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. 40 XI. ITEMS FOR COUNCIL ACTION: a. Appraisal of Preserve Lands. Consideration of a motion to approve utilizing highest and best use as the appraisal method for appraising preserve lands. b. Executive Search Firm — City Manager. Consideration of selections for an executive search firm to begin the recruitment of a City Manager. XII. ITEMS FOR DISCUSSION: a. Casino (Tanglewood) Commercial Splitting from Residential Redevelopment. XIII. ITEMS & REPORTS BY MAYOR AND COUNCIL: XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than S days prior to the proceeding at telephone number (561) 799 -4120 for assistance, if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based • ul IV. PRESENTATIONS: a. School Concurrency 0 VERBAL REPORT • IV. PRESENTATIONS: b. Stormwater Utility VERBAL REPORT • PUBLIC INFO' N REPORT Dec �'mla,E;r " 000 Public Information Related Activiti D Some of the written coverage included: • Monthly PGA C.A.N. Article • Ron Ferris, MPA, Interim City Manager (PGA C.A.N) • Mixed Media Exhibition (PGA C.A.N) • PGA traffic crunch worsens (Palm Beach Post) • "Impression 2000" Watercolor Exhibit at PBG City Hall (Weekday) • Gardens to dedicate municipal complex (Palm Beach Post) • Gardens council says tennis work no conflict of interest (Palm Beach Post) • Planners try to recast image of Northlake (Neighborhood Post) • Firefighter to help schools deal with emergencies (Neighborhood Post) • Lawsuits fly in battle over Gardens' drainage (Palm Beach Post) • Play golf nod to a gator (and watch out for that tree (Palm Beach Post) • Letter to the editor ... right move in Gardens (Palm Beach Post) • Short- staffed Gardens assures applicants it's stable (Palm Beach Post) ■ Art & Music in the Gardens (Neighborhood Post) • ■ Homebuilder moving to Gardens (Palm Beach Post) • Gardens Manager tries stomach route to staff s heart (Palm Beach Post • Palm Beach Post editorial Heavy Hand in Gardens • Girls softball group wants better facilities (Neighborhood Post) • 2000 a period of transition in Palm Beach Gardens (Jupiter Courier Answer Book 2000 -2001) • Russo: Gardens going through an important year in its history (Annual Jupiter Courier Answer Book 2000 -2001) • No quorum for Gardens meeting (Jupiter Courier) • County teachers try for Florida grant pot o' gold (Palm Beach Post) • Palm Beach Gardens Tree Lighting and Holiday Concert (Weekday) • Gardens call handling given a C minus (Palm Beach Post). Press Releases • Cancellation of City Council Meeting November 16, 2000 • Arbor Day Celebration November 13, 2000 • November 28, 2000 Neighborhood Program Meeting Special Event Permits Processed • ABC Promotions Unlimited, Inc. Christmas Tree Sale November 15, 2000 - December 25, 2000 • Insight Development Motivational Seminar PGA Resort November 1, 2000 is• Palm Beach Gardens High School Project Graduation Flea Market November 18, 2000 ■ Publix Fairway Drive Christmas Tree Sale November 25, 2000 - December 25, 2000 • Home Depot Christmas tree sale November 6- December 25, 2000 • Howard Alan Events 9`h Annual Art on the Square, January 6 — January 7, 2001 • Neighborhood Program Year End Summary January Meeting ■ 150 attended ■ 63% of Associations attended ■ 64% of Neighborhoods w/o Associations attended April Meeting ■ 127 attended ■ 47% of Associations attended ■ 36% of Neighborhoods w/o Associations attended July Meeting ■ 180 attended ■ 60% of Associations attended ■ 64% of Neighborhoods w/o Associations attended November Meeting ■ 116 attended ■ 47% of Associations attended ■ 64% of Neighborhoods attended Notifications /Resident Meetings • D Meeting with residents of Garden Woods to be held to provide information on the issue of train whistle noise and City Center Linkage plan. D Sent approximately 700 invitations to Neighborhood Associations and Neighborhood representatives for the November Neighborhood Program meeting. Citizen Services Related Activities ■ Requests for service (from November 1 to November 27, 2000): 152 62 outstanding; 90 complete. ■ Held Gardens Neighborhood Association meeting ■ Conducted mailing to associations with annual meeting for updating of newly elected officers. ■ Coordinating City Response Team issue to address speeding in the City's older neighborhoods. • I I 0 "Buy Into the Gardens Program: • Total Purchases for the month of November (up to November 28, 2000): $100 • Total to date: $22,500.00 Volunteer Program (From November 1 to November 28, 2000) • Total hours: 173 • Current National Rate: $14.30 • Total savings to the City: $2,473.90 • Number of Volunteers currently referred to Departments for interviews: 2 • Provided Orientation to Volunteers providing coverage to City Hall lobby Employee- Related Communications • Published monthly employee newsletter, City Hall Gazette • Provided presentation to new employees at Employee Orientation D> Distributed resident newsletter, City Line, to all employees. Upcoming in December: • Resident survey • Training to Department contacts in Civic Tracker database, the system the City purchased for the tracking of all Citizen Requests for Service. • Development of City's New Resident Guide and Community Map and Guide • • • • V. CITY MANAGER REPORT b. Growth Management Report, VERBAL REPORT [--I CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING November 2, 2000 The November 2, 2000, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. A moment of silence was observed for John Nedvins, Chairman of the Planning and Zoning Commission, who had passed away last week. - ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark, Councilmember Lauren Furtado, and Councilmember Carl Sabatello. CITY MANAGER REPORT: Engineering Report - City Engineer Lindahl reported City staff had met with representatives from Northern Palm Beach Improvement District to resolve differences in standards for water management tracts and lake maintenance easements and to incorporate the revised standards into the Land Development Regulations. The City Engineer described proposed procedures for approval of secondary uses within the easements while maintaining access to accomplish lake maintenance tasks, not hindering the drainage process, and consolidating littoral zones. Establishment of performance standards for maintenance was suggested. The City Engineer explained the City would begin annual inspections this year of independent structures for which HOA's were responsible. Public Information Report - There were no questions regarding the Public Information Report that had been provided to the members of the City Council. Presentation of the City's Website Assistant to the City Manager Beth Ingold Love provided a demonstration of the City's website and described possible future additions. The upcoming workshop meeting scheduled for November 13 in regard to the linkages plan, and a Neighborhood Program Meeting for November 28 regarding traffic were discussed. Mayor Russo requested the City Council endorse the original lower traffic numbers. Councilwoman Furtado requested the Resolution regarding the turnpike interchange issue be reconsidered until after the traffic planning forum. Consensus was to wait until receipt of more information to make a decision regarding whether to reconsider the Resolution. Councilmember Sabatello suggested a map showing PGA Boulevard traffic be prepared for the upcoming meeting, and noted there would be an opportunity to revisit the traffic issue each year. Councilwoman Furtado announced a grant of $3,885,000 had been received for Burns Road improvements. Finance Director Olson announced funding for the PGA flyover would be received from the County and the City would issue debt that would be repaid from road impact fees. Mayor Russo requested a letter be written to the Nedvins family notifying theirs the City would like to present them with a plaque for Mr. Nedvins' service to the City when they were ready. • Im CITY COUNCIL REGULAR MEETING, 1.972000 2 Growth Management Report - Interim Growth Management Director Steve Cramer reported residents wanted Prosperity Farms Road kept at 2 to 3 lanes from Donald Ross Road to PGA Boulevard, and wanted the County and City to work on a CRALLS request for Prosperity Farms Road. Mr. Cramer announced the City wanted four lanes from PGA Boulevard to the new Mall entrance south of Edgewater Drive, but north of there it was a County Road on which 3 lanes would be acceptable to staff. Special Recreation Needs Committee - Recreation Director Sue Miller announced proposed committee members, which included representatives from the different recreational activities. Priorities established were girls' softball fields, then long and short -range additions to the existing Lake Catherine facility, and how those improvements would fit into the overall master plan of all the parks and recreation facilities, programs and equipment. Mayor Russo reported he had met with representatives from the high school and School Board regarding the ball field adjacent to the high school, and they favored a long -range plan of purchasing a new ball field for the City so that the City could deed the adjacent field to the school. Municipal Complex Change Orders - Consideration of the proposed change orders was delayed to the next meeting. COMMENTS FROM THE PUBLIC: Susan Daniels - Attorney Daniels requested the help of the City Council to obtain as built plans for the Gardens Mall she had requested September 28. which she indicated were needed in regard to an upcoming administrative hearing on drainage. Staff was to check with Building Official Jack Hanson to attempt to locate the plans. Sam Carsillo - Mr. Carsillo recommended the City Attorney contact the original Mall builder to obtain the information requested by Ms. Daniels. Mr. Carsillo commented he would be unable to attend the traffic meeting on the 28th because of scheduled surgery, complimented staff on the work they were doing, and announced he planned to submit a list of safety hazards, including traffic problems at the new NorthMil Plaza and speeding, following his surgery. Mr. Carsillo expressed his opinion that developers should pay for the new Fire Station. Louis Williams - Attorney Williams announced he had been retained by Councilwoman Furtado because of threatening letters she had received in the course of performing her duty as a City Council member and requested the City defray the cost of her representation, since representation by the City Attorney would be a conflict of interest. Mayor Russo requested information from the City Attorney on this issue. Mr. Williams requested the City's insurance carrier be notified. Councilwoman Furtado indicated she would not be comfortable being represented by the City Attorney, since it was her opinion that would be a conflict of interest. Kevin Bradley - Mr. Bradley, member of the Board of Governors of the Property Owners of PGA National, thanked the City Council for the Ordinance on tonight's Consent Agenda regarding the ability to modernize signage at PGA National. CONSENT AGENDA: Councilman Clark moved approval of all items on the Consent Agenda except item (b). Vice Chair Jablin seconded the motion, which carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: a. Consideration of approving Minutes from the October 5, 2000 Regular City Council Meeting. C. Resolution 99, 2000 - PGA National Street Signs, Consideration of approving an amendment to the Master Signage Plan for the PGA National Resort Community Planned Community District. CITY COUNCIL REGULAR MEETING, 1;9:,�2000 3 PUBLIC HEARINGS: Resolution 47, 2000 - Mayor Russo declared the public hearing open, continued from October 19, 2000 City Council meeting, and held on the intent of Resolution 47, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, granting two variances to the 15 -foot front setback and 300 -foot street frontage requirements for an existing ground sign located at 2700 PGA Boulevard, providing for repeal of resolutions in conflict; and providing for an effective date. Petitioner was not present. Hearing no comments from the public, motion was made by Councilman Clark, seconded by Vice Mayor Jablin, to approve Resolution 47, 2000. Motion carried by unanimous 5 -0 vote. RESOLUTIONS: Resolution 86, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, relating to the Construction of Certain Local Improvements within the Proposed PGA Flyover Assessment Area; Determining the Estimated Capital Cost of the PGA Flyover Enhancements; Establishing the Terms and Conditions of the Proposed Special Assessments, Establishing a Public Hearing to consider imposition of the Proposed Assessments and the method of their collection; Directing the provision of Notice; and Providing an effective date. Finance Director Kent Olson reviewed proposed payment of the project costs. Discussion of maintenance costs ensued. Councilmember Clark made a motion to approve Resolution 86, 2000. Motion was seconded by Vice Mayor Jablin, and carried by unanimous 5 -0 vote. Mayor Russo advised he had voted in favor of the motion but wanted to hear the comments at the public hearing, and expressed concern over the cost and whether it was cost effective. Mayor Russo requested assessment calculations for the year 2003 when Legacy Place would be on the tax rolls. Resolution 100, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, authorizing the Mayor and City Clerk to execute an Embankment Easement in Favor of Palm Beach County in Exchange for Compensation in the Amount of $1,982.00; and Providing for an Effective Date. Councilman Clark made a motion to approve Resolution 100, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 102, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the Appointment of One (1) Member to the Board of Trustees of the City of Palm Beach Gardens Firefighters' Pension Trust Fund, and Providing for an Effective Date. Councilman Clark made a motion to approve Resolution 102, 2000 with appointment of Hugh Perry. Councilwoman Furtado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 103, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the Appointment of One (1) Member to the Board of Trustees of the City of Palm Beach Gardens Police Officers' Retirement Trust Fund, and Providing for an Effective Date. Councilman Clark made a motion to approve Resolution 103, 2000, with appointment of Ken Altman. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. ORDINANCES: Ordinance 30, 2000 - Senior Planner Edward Tombari presented the project for Ordinance 30, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for Approval of the Application of the Benjamin Private School, Inc., for rezoning of 50 acres of land, located at the Northwest corner of the Intersection of Central Boulevard and an Unnamed Future East -West Road as More Particularly Described Herein, from Planned Development Area (PDA) to Public /Institutional (P /1) with a Planned Unit Development (PUD) Overlay, in order to Construct a 187,671 Square Foot Private High School Campus; Providing for Waivers; Providing for Conditi ft CITY COUNCIL REGULAR MEETING, 19/2000 4 of Approval; providing for Severability; providing for Conflicts; and providing for an Effective Date. Henry Skokowski spoke on behalf of the petitioner. Architect Mike Rossin presented the site plan. Councilman Clark recommended designation of the school for hurricane shelter under the new guidelines unless cost was a significant factor. The Landscape Architect reviewed proposed landscaping. Issues discussed included petitioner's request to have a sidewalk on one side of the road, art in public places, access, stacking, parking, possible shared median installation and maintenance, and staggered schedules with Dwyer High School. It was the consensus of the City Council that sidewalks should be provided on both sides of the roadway. Councilman Clark made a motion to place Ordinance 30, 2000 on First Reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 30, 2000 on First Reading by title only. Ordinance 32, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for Approval of an Application from St. Mark's Church, Inc., for an Amendment and Expansion of a Planned Unit Development by Approving the Construction of a 14,000 square -foot School Building, a 945 square -foot Church Addition, and a two (2) year Time Extension for a Trailer on an 11 acre site, Located at the Northeast and Northwest Corners of Burns Road and Gardens East Drive, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. Planner John Lindgren presented the project on behalf of the City. Lance Courtemanche, Fanning/Howey Associates, Inc., agent for the petitioner, provided a slide presentation of the existing school campus and described the proposed architectural elements. Melba Hardy, President of St. Mark's School, presented options to alleviate traffic concerns, and Applicant was requested to provide further information regarding this issue. Staff was directed to research the history and status of the temporary trailer. Harvey Stem, President of The Oaks East Homeowners Association, spoke on behalf of The Oaks East and Sun Terrace, whose only access to the City's roadways was Gardens East Drive, and expressed concerns for which he requested satisfactory responses at the time of the public hearing. Mr. Stern requested monitoring of the school population so that it would not increase again, requested assurance that the traffic analysis had included the widening of Burns Road, and asked for measures to be taken to improve traffic flow. Petitioner was directed to return with a plan for improved traffic flow and to be sure the number of students worked with the traffic analysis. Fred Schwartz, Traffic Engineer for the project, explained there was a total number of students that came to the campus each day, but some were present only in the morning or only in the afternoon, and the traffic analysis had been done for the total number of students that came each day. Mr. Schwartz indicated that petitioner would return with traffic flow option plans. Mr. Stem requested The Oaks East be notified when this item was scheduled again. ITEMS FOR COUNCIL ACTION - Appraisals of Preserve Lands - Finance Director Kent Olson presented the proposal that the City utilize the highest and best use method for appraising properties under Section 118 of the Land Development Regulations. Attorney John Gary representing Dan Catalfumo, owner of a great deal of property which would be affected by this Ordinance, noted 20 -1/2 acres of Mr. Catalfumo's land would be taken for roads under the linkages plan, additional acreage would be designated preserve areas, and the alternative form of mitigation was economically unfeasible for the developers. Mr. Gary advised these properties were being unduly burdened by linkage road requirements, some with additional drainage requirements, and that all were within the area for the PGA Flyover assessment. Mr. Gary stated something must be found to help developers, and suggested the possibility in cases 0 CITY COUNCIL REGULAR MEETING, 172000 5 where a linkage road was involved that an alternative mitigation method could be used by paying cash based on the average the County had paid for environmentally sensitive lands they had purchased during the past 3 -5 years, which would be cheaper than highest and best use. During ensuing discussion, it was noted the City was willing to work with Mr. Catalfumo. Councilmember Sabatello did not favor using highest and best method, but rather identifying a large area of land to be mitigated, and using the value of that land as a base, which could fluctuate. Mayor Russo advised discussion on this issue must be discontinued in order to have time for the next agenda item of Items and Reports by Mayor and Council. At the conclusion of the reports, this discussion continued. Rick Greene, representative of DiVosta and Company, expressed concern with the interpretation of "highest and best use" in connection with their property purchased for The Isles project, and requested a lesser number be used. Since time had run out, Mayor Russo announced this item would be scheduled for the next agenda. ITEMS & REPORTS BY MAYOR AND COUNCIL - Councilwoman Furtado requested drainage issues be added to the next agenda. Councilman Sabatello requested an update on the facilitator and on the search for a new City Manager. Consensus was to do a national search for a new City Manager. The duties of a facilitator were discussed. Direction was that the facilitator's duties would be to go back in the City's history and try to analyze past actions and activities, and then try to help the City develop where they wanted to go from there, which would help the City Council define what they wanted in a City Manager. The City Manager was directed to bring back a list of facilitators for the City Council to review. Councilmember Clark reported he had attended the quarterly Intergovernmental Forum meeting. Councilman Clark announced that a conference call was to be held with municipalities on November 9 regarding the shelter retrofit program between the State and County, which he mentioned in case it was worthwhile for the City to participate. Mayor Russo announced the Chamber of Commerce was taking a leadership role in promoting economic development, and a conference of all North County Mayors would be held on this subject with the possibility of an Economic Planning Forum to follow. Mayor Russo expressed thanks that Officer Wayne Sidey had survived a recent accident. ADJOURNMENT: There being no further business to discuss, upon motion by Vice Mayor Jablin seconded by Councilman Clark, carried 5 -0, the meeting was adjourned at 11:30 p.m. APPROVAL: • MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK i CITY COUNCIL REGULAR MEETING, 1'/2000 6 ATTEST: CAROL GOLD CITY CLERK • • COUNCILWOMAN LAUREN FURTADO • • ��N_ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 7, 2000 Date Prepared: November 8, 2000 Subject/Agenda Item Trade in surplus Rescue Chassis for generator, lighting and installation of equipment. Recommendation/Motion: Staff recommends approval of Resolution 116, 2000 for a trade with Ten -8 Fire Equipment of oeneratnr linhtinu and installation for surplus rescue chassis. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: City Attorney Fire Rescue Total [ ] Approved Finance $ 0 Current FY [ ] Approved w/ conditions ACM [ ]Denied Human Res. - Advertised: Funding Source: [ ] Continued to: Other Attachments: Date: [ ] Operating Paper: [ X ] Not Required [ X ] Other Staff Report Appraisals Submitted by: Peter T. Bergey IC Trade -in Proposal Department Head zd Affected parties otified Budget Acct. #:: [ ]None Approve City J [ X ] Not required BACKGROUND: See attached Staff Report, appraisals and proposal. CITY OF PALM BEACH GARDENS I MEMORANDUM v J TO: Mayor & City Council DATE: November 8, 2000 APPROVED: Ronald M. Ferris, Interim City Manager FROM: Peter T. Bergel, Fire Chie SUBJECT: Trade in of surplus Rescue Chassis Background Rescue 61 was budgeted to be refurbished in the 1999/2000 Fiscal Year. Part of the refurbishment including replacing the chassis on this vehicle. Therefor, Fire Rescue has a used chassis that was declared surplus at the November 16, 2000 City Council Meeting. Discussion During the 1999/2000 Fiscal Year bids were received for the refurbishment of Rescue 61. Upon opening and examination of the bids submitted it was determined that all bidders did not give an allowance for the trade in value of the old chassis. Fire Rescue determined at that point that the chassis would be retained by the City for future sale either by sealed bid or auction. Fire Rescue attempted to determine the trade -in or "book" value of a surplus rescue chassis through appraisals. Three separate appraisals were received in an effort to determine market value of the chassis. The appraisals ranged in price from $8,500 wholesale to $11,000 retail. Additionally, it is important to note that the City does not have the ability to sell this chassis at a retail price. However, Ten -8 Fire Equipment submitted a proposal to take the rescue chassis in trade for a generator and lighting (including installation) equipment that would be installed on an existing fire engine not equipped with such equipment. This trade is valued at $11,872, which is $3,372 greater than the appraisals received. Recommendation Staff recommends approval of trade -in with Ten -8 Fire Equipment of generator, lighting and installation in consideration for surplus rescue chassis. Ptb: PTB 0 cc: file FREIGHTLINER TRUCKS OF SOUTH FLORIDA W.B. "BRUCE" WYMAN VOICE MAIL: (561) 691 -6070 HM. FAX: (561) 691 -0408 CELL: (561) 818 -1545 /EST PALM BEACH BRANCH (561) 840 -1066 +945 FISCAL COURT FAX (561) 840 -0031 WIERA BEACH, FL 33404 WWW.FREIGHTLI ERSF OR DA.COM Rear Axle jueii rn4 TIRE %I M-a—ker Fr Rr a Cap 3HT TRUCK APPRAISAL f/ e Stock # Location R -94, S -95, T -96, V -97, W -98, X -99, Y -00, 1 -01, 2-02.3-03,4-04 Y�1 St Hm Ph# Fax# Date 1 ! - ? - n "� , Miles Hours on Unit Date Available (oC:• , / ,, -1 Approx Miles @Turn -in Salesman • I Year : ', �� , s Make f- /C Model (aT , Engine I';,,,.�.ti.�y•_�'.,,.; [J Cab Over [] Nose Cone Eng Brake k }Conventional [] Forklift Package [] Turbo Color c1 r,(/e d [j Stakes w/ Sides [] Under CDL Interior Scuff Board Trans..`r!il.� nv�v Frame Visor (] Sleeper Cab to Axle [j Chrome Exhaust , Type k) o-4 e- Body Type/V;,,?- [j Horizontal Exhaust Suspension Iq tAL Co;!L Body S# E -Track Brake Type Body Make /Model [] Double Frame Rear End Ratio [J Cold Plates GVWR Length Insulated Body Fr Axle Cap. V" o Height [] Lift Gate Rr Axle Cap.r S-o o 7� Door Height Capacity .. Wheelbase Crossmember Ctrs (] Roll -up Rear Door Fr Wheels Wall Material [] Hinged Rear Door Rr Wheels Floor [] Side Door Tire Size ?-`c += � 0 icy% `i •s Reefer Make/Model [] Translucent Roof jjAr Conditioning [] Cargo Restraints (Power Steering Fuel Tank Gallons [] Landing Gear i # of Axles #1 5-0 Brakes Electrical System Instruments Battery Exhaust Mirror, Horn, Wiper Seats & Mats Glass Body Interior Paint ;JLzw L <3 ov Cooling System Air Conditioner Suspension of oors Lift ate Box -J ,a-v f Other 6 S a b Other Cleaning & Pre Total.Recon TIRE %I M-a—ker Fr Rr a Cap 3HT TRUCK APPRAISAL f/ e Stock # Location R -94, S -95, T -96, V -97, W -98, X -99, Y -00, 1 -01, 2-02.3-03,4-04 Y�1 St Hm Ph# Fax# Date 1 ! - ? - n "� , Miles Hours on Unit Date Available (oC:• , / ,, -1 Approx Miles @Turn -in Salesman • I Year : ', �� , s Make f- /C Model (aT , Engine I';,,,.�.ti.�y•_�'.,,.; [J Cab Over [] Nose Cone Eng Brake k }Conventional [] Forklift Package [] Turbo Color c1 r,(/e d [j Stakes w/ Sides [] Under CDL Interior Scuff Board Trans..`r!il.� nv�v Frame Visor (] Sleeper Cab to Axle [j Chrome Exhaust , Type k) o-4 e- Body Type/V;,,?- [j Horizontal Exhaust Suspension Iq tAL Co;!L Body S# E -Track Brake Type Body Make /Model [] Double Frame Rear End Ratio [J Cold Plates GVWR Length Insulated Body Fr Axle Cap. V" o Height [] Lift Gate Rr Axle Cap.r S-o o 7� Door Height Capacity .. Wheelbase Crossmember Ctrs (] Roll -up Rear Door Fr Wheels Wall Material [] Hinged Rear Door Rr Wheels Floor [] Side Door Tire Size ?-`c += � 0 icy% `i •s Reefer Make/Model [] Translucent Roof jjAr Conditioning [] Cargo Restraints (Power Steering Fuel Tank Gallons [] Landing Gear i # of Axles #1 5-0 Notes I `�. -1, �► ;...� /'C�'Ir �L,�.lr� --• Trade $$ By Date good for 30 days Retail $$ � � , n o ic> H Wholsale $$ �' `bSoo Whlsl to #2 5`a p 2 -Speed Rear Axle Rear Bum r Notes I `�. -1, �► ;...� /'C�'Ir �L,�.lr� --• Trade $$ By Date good for 30 days Retail $$ � � , n o ic> H Wholsale $$ �' `bSoo Whlsl to � MTFRAAtIR�u� RECHTIEN INTERNATIONAL TRUCK, INC. 7227 Northwest 74th. Avenue MIKE AUDETTE ZONE NO. : 3058659230 ACCOUNT MANAGER NEW TRUCK SALES Nov. 06 2000 11:19HM Pl (305) 888-0111 - Ext. 242 `ONE STOP" ALL MAKES PARTS CAPABILITY • FL WATS (800) 654 -2383 FAX (305) 885 -9230 M Z CELLULAR (954) 647 -1230 diami, Florida 33166 , RNATIONAL TRUCKS, INC. t _ , TRUCKS 4th Avenue, Miami FL 33166 m nc U. W cc >� oc W Q DC 1-- Y U n ar u, ac oc U 111 • Fax (305) 885 -9230 A. E -mail: rechtien@rechtien.com 0 TRUCKS 5 r m N Z _ O c D When it comes to trucking needs... We're at your service 24 hours a day. ri -a M M v z Cn z w TO: _ 4, 4:! s O FIRM: ,css �� E %C£Sc Ir o FROM:,,G, ks fftit1 F7�� F�c ;%%J2 . z Cie DATE: /l %7 - � o v _ # OF PAGES j M M 05 including this page MEMO:- /l� �� /X�r i Y /�i E°o/t�t �' Al _ �D K W �a 4 s J � " J J Q z Al r• ae W Z • JERR -DAN lhi �-- / '71 llu y, ' //t1, s 6 X 7 i .141J,6 1 ?a5 z D LS �i¢�f E�SOOa m N z m • UD TRUCKS "ONE STOP" SERVICE CAPABILITY • APE 7zFIRE , EQUIPMENT IN SERVICE TO SERVE YOU I N C' November 3, 2000 Chief Peter Bergel City of Palm Beach Gardens Fire Department 10500 N. Military Trail Palm Beach Gardens, FL 33410 Dear Chief Bergel, Ten -8 Fire Equipment Inc. agrees to take a 1995 Freightliner FL60 ambulance chassis in payment as full for the following generator and equipment package; -Onan IOKW HDKAG diesel generator with pusher fan, muffler kit, (2) start/stop controls, dual wiring harnesses. -Two (2) Fire Research FC570 -L20 2000 Watt Top mount, Focus light heads - Wiring, circuit breakers to existing panel, exhaust piping, remote oil drain, support mounts for generator, complete installation and testing per NFPA Total value of materials and labor furnished is $11,872.00 per O.E.M. Pierce Manufacturing Inc. net dealer cost for the above options. If you have any questions please give me a call. We greatly appreciate your consideration of this offer. Sincerely, Mark Jones Sales Manager 'i � w Hlils► I:T�+ i� fir;,•± � `���•��� 2904 59th AVENUE DRIVE EAST - BRADENTON, FLORIDA 34203 (941) 756 -7779 - Long Distance Call: 1 -800- 228 -8368 - FAX: 1- 941 - 756 -2598 BEACH GARDENS FLORIDA CITY OF PALM , RESOLUTION 116, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE EXCHANGE OF SURPLUS PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 16, 2000, the City Council declared Fire Rescue chassis No. 1 FV3GFBC8SL671712 a surplus asset; and WHEREAS, the Fire Department has received a proposal from Ten -8 Fire Equipment to exchange the Fire Rescue chassis for a generator and lighting equipment (including installation) valued at $3,372 more than the appraisals received for the chassis and recommends approval of such proposal; and WHEREAS, the City Council has determined the recommended disposition of the surplus chassis to be in best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby authorizes the Fire Department to accept the proposal of Ten -8 Fire Equipment and to exchange the surplus chassis for a generator and lighting equipment, including installation in accordance with such proposal. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2000. 0 -1- El MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK 0 -2- • • • M+ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: November 29, 2000 Meeting Date: December 7, 2000 Subject/Agenda Item Resolution 122, 2000 — Fairway Office Center Plat Recommendation /Motion: There are no Engineering concerns with this plat, therefore approval is recommended. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Growth Management (Total) City Attorn� Finance ( J Approved $ 0 [ ] Approved w/ Finance Current FY conditions ( )Denied ACM Advertised: Funding Source: ( ] Continued to: Other Date: [ ] Operating Attachments: Paper: [ X ] Not Required [ ] Other Memorandum Submitted b Sean C. Donahue, P.E. Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ X ] Not required BACKGROUND: See attached memorandum. RESOLUTION 122, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE FAIRWAY OFFICE PLAT AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Fairway Office Plat; and WHEREAS, the City Engineer has determined that the proposed plat meets all the technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the Plat is consistent with the City's Comprehensive Plan and LDRs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Fairway Office Plat, consisting of two (2) sheets dated October 13, 2000, prepared by RPB Consulting, Inc, attached hereto as Exhibit "A ". SECTION 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF Joseph R. Russo, Mayor ATTEST: APPROVED AS TO LEGAL FORM AND SUFFICIENCY. Carol Gold, CMC, City Clerk VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello • City Attorney AYE NAY ABSENT 0- P'.. CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS • CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIS "Partners For Results Value by Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax: (561) 286 -3925 www.lb(h.com MEMORANDUM TO: Carol Gold FROM: Sean C. Donahue, P.E. DATE: November 8, 2000 FILE NO. 98 -0103 SUBJECT: Fairway Office Center Attached please find the original plat for the referenced project prepared by RPB Consulting, Inc. We have reviewed the plat for technical compliance with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens requirements and found it to be acceptable. The City engineer has signed the plat and we recommend its approval. Also attached are paper copies of identifying sections of the plat for reference. SCD/ cc: Steve Cramer Jack Hanson Bahareh Keshavarz Robert Blaszyk -RPB Consulting, Inc. P:\PROJECTs\PBGMEM0\0103\0103x C, E 4 -_8VE L City Clerk �r V I l ivv • • • PF 14 qw o® O ebm elm J a AM mw Dom ONE FO W a O W -J U. } W ~ Z Z D a 0 ¢ U � U CO m O N N V a °' CL cc CO � m Z W 30� Q w O ri) Z U Oa W m ? a z } J f,. U - - io f1 a nN O o z z z .09 iwi �.00 � 0 N a lL of - G 0 J m- O ZD O p W m W r 3 ,Q 0 V z d S? 0 0 i 0 W N I I 4 O z la I� J O N� Ii Oz 1 z z l z O z 30V380V tI 66'48L 8£'06 �\ 14I IWI 3n zl S\ I ° `�y. ( 10'29 Y > I IN v Si s2. N 1 g5. I wI ; � rte\ � 75 U Ell. N N N0 o r Z N M M N 1.10" N F to N aL--a rriiN oa �C4 OW wm 3 C 3 3o Wa �� aa. °1 O z ICI Dui O M D! 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O U O r < D U • CITY OF PALM BEACH GARDENS CITY COUNOL Agenda Cover Memorandum Meeting Da Z Odeeirruer ±9(J8 Date Prepared: November 27, 2000 Subject/Agenda Item Purchase of turn-out Gear for Fire Rescue Recommendation /Motion: Staff recommends approval of purchase from Bennett Fire Products for thirty-five (35) sets of PBI Globe GX -7 Rear by "Di22vbackin ion the Lee - Collier Countv contract: Reviewed by: Originating Dept.: Costs: $ 34,300.00 Council Action: Total City Attorney Fire Rescue [ ] Approved Finance $ 35,625.00 [ ] Approved w/ Current FY conditions ACM [ ]Denied Human Res. - Advertised: Funding Source: [ ] Continued to: Other Attachments: Date: [ X ] Operating Paper: [ )Other Staff Report [ X ] Not Required Lee- Collier County Bid Submitted by: Peter T. Berge Department Head Affec ed parties J Notified Budget Acct. #:: 01- 1230 - 522.5294 [ ] None Approved by: / 01- 1240 - 526.5294 City Manage [ X ] Not required BACKGROUND: See Attached Staff Report „��; CITY OF PALM BEACH GARDENS MEMORANDUM G l 0 O Q O TO: Mayor & City Council DATE: November 27, 2000 APPROVED: Ronald M. Ferris, Interim City Manager FROM: Peter T. Bergel, Fire Chie�� SUBJECT: Purchase of Firefighter Turnouts Background Purchase of new Personal Protective Equipment (Turnout coats and pants) is necessary to maintain current levels of protection. Many sets of turnouts are in need of replacement to conform with OSHA guidelines. Replacement of current "NOIVIEX” turnout gear was started in the 98 -99 fiscal year budget. Starting that year twenty sets of "PBI" gear were purchased. Discussion During budget preparations Fire Rescue discussed the need to begin the overall replacement of all personal protective equipment for all personnel. Research began into the type of gear and the most cost- effective way to purchase the gear. By attempting to buy with other bids (Lee - Collier County) it was determined that it would be possible to purchase thirty-five sets in the current budget year. Bids were sought and types of gear were evaluated until the best quality and value were determined. Recommendation Staff recommends approval of purchase from Bennett Fire Products for thirty-five sets of PBI Globe GX -7 gear by "piggy backing" on the Lee- Collier County contract. • • • Nqv 27 00 11:22a BENNETT FIRE PRODUCTS CO. 770- 591 -4232 June 6- 2000 Quotation To: Captain Scott Raynor Palm Beach Gardens Dire Rescue 10500 North Military Trail Palm Beach Gardens, Florida 33410 ftces in reference to Lee- Collier County 2000/2001 Contract Dated January 12, 2000 — expires December 31, 2000. Globe #81082 -4 P131 GX7 Jacket per PBGFR specifications $570.50 Globe #91082 -4 PDf GX7 Trousers per PBGFR specifications $410.00 Delivery: 90-100 days after receipt of order F. U.S. Palm Beach Gardens, FL Terms: net 30 days Thanks for gh ing me the opportunity to serve you! Danny Burnett &-� t-- p.2 195 Stockwocd Drive, Suite 170 P.O. Sax 2458 Woodstock, GA 30188 Office (770) 591 -0520 1- 800.991.0520 Fax (770) 59' -4332 27 • [7 Nov 27 00 11:22a BENNETT FIRE PRODUCTS CO. 770 -591 -4332 P.3 IONA MCGREGOR EIRE PROTECTION AND RESCUE SERVICE DISTRICT 15961 WINKLER ROAD FORT MYERS, FLORIDA 33905 Business: 433 -0660 Fire Only: 911 Jan. 12, 2000 To: Bennett Fire Products Co. 195 Stock-wood Dr. Suite 170 Woodstock, Ga. 30188 From: Lee and Collier County Cooperative Bid Committee Thank you for your bid on the items listed in the 2000 /2001 Bid. The following items, have been awarded to you by the Bid Committee as the lowest and /or the hest bid. Thank you for your interest. Items Awarded: Bunker Gear — Globe Lee/Collier Specifications COATS 41 3 .00 PANTS 29 Outer Shells Advance 26.00 22.00 PB1/Kevlar 105.00 38.0 Basofil 32.00 26.00 Omega System 540.00 403.130 Aluminized PBI 83.00 64.00 Thermal liners Caldura 23.00 18.00 Moisture Barriers Crosstech on PI 7.00 19.00 Aquatech -20.00 -14.00 Retective Trim NYC Triple Trim 25.00 6.00 HV Triple Trim 3 00 OO NFPA Reflective 7.00 3.00 I4V Reflective 33.00 6.00 con't • Nov 27 00 11:22a RENNETT FIRE PRODUCTS CO. 770 -591 -4332 {0.4 Pockets/Accessories Radio Pocket Flashlight Pkt. Universal CIip 3" Letters. S ,'v suspenders Leather Boots Warrington Pro 93003 8" Warrington Pro #3005 8" Warrington Pro #3007 10" Warrington Pro 93009 14" Yours truly, Gerald Adema Chief and Co- Chairman of Bid Comnuttee 15.00 20.117 11.00 14.00 4.00 5.00 Se1.50= 750 2.00 14.00 155.00 197.00 207.00 207.00 1] • hqv 27 00 11:23a BENNETT FIRE PRODUCTS CO. 770 -591 -4332 p.5 1-3 25 F.iS 94143J2073 IONA MCGRECOR -- — — :boo: YOUR` AITTENTION IS DIRECTED TO THE LEE AND COLLIER COUNTY COOPERATIVE BID Bid is for 28 fire dep2rtMents Npv 27 00 11:23a BENNETT FIRE PRODUCTS CO. 770- 591 -4332 These bids are for the following items- 1 ) Protective Buaer Gear 2) Airpacks Bid 3) Hose Aid 4) Uniforms Bid 5) lvliscellaneous Equipment Bid This is a joint bid for the Lee County Fire Chief's Association, the Collier County Fire Chief s Association, and the Lee and Collier County Cooperative Purchasing Program: All bids shall be made upon the official bid response form, and must conform to the specifications, and insmictions to bidders. "I-ne committee reserves rbe tight to reject any and all bids and to waive formalities. Bids will be. from San. 2000 thru Ian. 2001 . Enclosed are the specifications and instructions to bidders and general or special conditions. Late Bids will be re)ected. For further information, please comact me at 941 -433 -0660. • M • Sincerely, Gerald Me= Fire Chief p.6 Nov 27 00 11:23a BENNETT FIRE PRODUCTS CO. 770-591-4332 p.7 JVA MCCPEOR 0003 • November 22, 999 Scaled bids will be received by the Lee and Colhor County Cooperative purchasing committee at the Lon& McGregor Fire District: 15961 Winkler Rd., Foil Myers, Fla 33908 until 3:00 p.m. local, Time. on Wednesdav December 27, 1999. • • Ngav 27 00 11:23a BENNETT FIRE PRODUCTS CO. 770- 591 -4332 p.8 1::20:99 10:26 FAX 9414332673 �iYEC1AL CON'AIT1014i SCOPE It is the intent of the Invtation for Bid to include requirements and to obtain on behalf of the following entity; but not limited to: Lee County Fire Chiefs Association And Collier County Fire Chiefs Association Other members of the Lee and Coilier Counties Cooperative Purchasing Program not listed may Purchase under this agreement. All other entities must be included in the bidders proposal. No bid will be considered unless all locations are accepted by the bidder. Award will be ,mad: by the Lee and Collier Counties Cooperativc Purchasing Committee. CQNTI L ADmIMSTRATION Each pa zcipant will! issue its individual purchase order or contract and will be billed separately. Vendor will deliver product a3 required by the Invitation for Bid. When non - conforming shipments occur parti ipants will seek their own remedy with the vendor. CONTR ACT DISPf 7TLS A_i corttovetsies relating to specifications or other provisions of the invitation to Bid and the Evaluation of bids or to subsequent contractual matters including failure to comply with deli` cries. or specifications is the responsibility of the Lee and Collier Counties Cooperative Purchasing. Cormranee. (2) • • No,v 27 00 11:24a BENNETT FIRE PRODUCTS Co. 770- 591 -4332 P.9 12,20,99 10:28 FAX 9414332673 rQ \'A NcGRErOA - - -- - -- - -- -- — __ -- a oos A.ny rather controversies of which the Lec and Collier Counties Cooperative iurcha$ing Comnvttee has no control, should not be accountable, or have to resolve, such as violation of contractual conditions, including late puymem on the part of other participating entities, shall be resolved with that entity and the vendor. GOji?ZA GT L-- _ It is the intension of each participating agency to enter into a contract from Date of Award Tan. 1, 3000 to Jan 1,20-31. CONTRACT AWARD The participant reserves the right to make an award of this bid, item by item, or in the aggregate. to the lowest responsible bidders) meeting specifications is the best interest of the Lee County ire Chief Association, Collier County Fire Chiefs Association and the Lee and Collier Counties Cooperative Purchasing Comrnittee. 1•_O B. POfNT isUriiess otherwise specified, ail prices quoted by the bidder must be F.0 B. destination with all delivery costs and charges included in the bid pace. F-S T Z.JATFU 0UANTiT-Ra 11t quarttitics indicated on the bid form are estimated only. Any contract entered into will be of the "open end" type. The contractor will delivcr such quantities as may be ordered from hires and, The contract shall be binding only for the actual quantities ordered during the contract period. O.RPERs Purchase Orders will be issued by the respective agencies for actual quantities of items required during the period of performance. Blanket Purchase Orders may be issued by the agencies allowing departmental personnel to order actual quantities. Q) • Nou 27 00 11:24a BENNETT FIRE PRODUCTS CO. 770 -591 -4332 P.10 ;0.28 FAX 941433287J �0 .JtA 1QcGRFGOR _._..------ •-�.�..._. 46coe E, It is the bidder's responsibility to submit two (2) copies of invoices directly to the ordering ag nry. for payment and to inform the Purchasing Agent of his billinE cyete with respect to monthly cut, off dates FiFINI PRICE The biddcr warrrnts that p6;ee, terms acd conditions quoted is tus bid are aim for the contract period as stated ir, the .Irivitation for Bid. AU- MORIZEDAGEN The bidder ccriifics that he is an authorized distributor to sell to the fire service in the State of f'lorida. • (4) • • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 11/27/00 Meeting Date: 12/07/00 Subject/Agenda Item Resolution 113, 2000, Authorizing the Final Assessment Resolution for the PGA Flyover Assessment Area. Recommendation /Motion: Consider a motion to approve Resolution 113, 2000. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: (Total) City Attorn Finance [ ] Approved $ 0 [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other Date: [ ] Operating Attachments: Paper: [ X ] Not Required ( ] Other Memorandum Submitted by: ((�� Kent R. Olson ao Department Director Affected parties [ ] Notifie Budget Acct. #: [ ]None Approv d by City ana r [ X ] Not required I BACKGROUND: See attached memorandum. • w • • CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ronald M. Ferris, Interim City Manager DATE: November 27, 2000 FROM: Kent R. Olson, Finance Director NV SUBJECT: Resolution 113.2000 — Final Assessment Resolution BACKGROUND The City of Palm Beach Gardens hired Government Services Group and Nabors, Giblin & Nickerson at the May 18, 2000 Regular City Council Meeting to devise a plan that provided for an appropriate public /private partnership for funding the PGA Flyover enhancements that will benefit both the businesses in the area and'the City. The City of Palm Beach Gardens will be issuing debt to fund these improvements, paying our share of the cost directly to the Florida Department of Transportation. The consultants recommended and the Council agreed to move forward with a Special Assessment Area overlayed with a Tax Increment Financing District. Ordinance 27, 2000, adopted in October, provides the City with the authority to levy a special assessment. Resolution 86, 2000, approved at the November 2, 2000 City Council Meeting, specified, among other things, the area to be included in the assessment as well as how the assessment will be distributed. After passage of Resolution 86, 2000, a final assessment resolution was prepared for the December 7 Council Meeting, which is Resolution 113, 2000. On December 7, Resolution 113, 2000 will be considered for adoption after a public hearing. DISCUSSION Resolution 113, 2000 provides the specifics for the assessment area and the Tax Increment Financing (TIF) District that will fund the amenities for the PGA Flyover. The assessment area will include only commercial properties along the PGA Boulevard corridor from I -95 to the Intracoastal waterway. The TIF will contribute 50% of the growth in existing properties toward the repayment of the debt for the project. However, the TIF will be adjusted to exclude the first year new improvements come on the tax rolls. The remainder of the annual debt service will be distributed among the assessment area properties. Based upon historical trends, these assessments will decline annually, likely going down to zero after three or four years. State law requires the mailing of notices with the proposed assessment amounts after the initial resolution is adopted and prior to the public hearing on the final assessment. Notices were mailed out to the affected property owners the week of November 13. Since the TIF cannot be guaranteed to increase in value, the notices indicate the property owners may pay the full assessment for 20 years. With the TIF providing funding in the first year of the assessment, our latest projections indicate the property owners will pay about 80% of the full assessment the first year (tax bill distributed on November 1, 2002), about 40% the second year and 15% in the third year, with no assessments after the third year. We have included information in the mailed notice that indicated that the assessment is likely to end after three or four years, though judging by at least one phone call I received subsequent to the mailing, we may have some property owners focusing only on the assessment amount. As you can see, it is anticipated that the overwhelming majority of the funding for this project will come from the TIF District. Should the City decide not to impose the assessments, the City will have two options with respect to the PGA Flyover enhancements: 1) fund the enhancements with debt paid for by the general revenues of the City, or 2) choose not to fund the enhancements at all, which will require FDOT to spend several hundred thousand dollars to redesign the project and delay its construction for at least several months or perhaps for a few years. RECOMMENDATION Staff recommends approval of Resolution 113, 2000, providing for an assessment area with a Tax Increment Financing (TIF) District overlay to fund the amenities for the PGA Flyover project. U, • RESOLUTION NO. 113, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, RELATING TO THE CONSTRUCTION AND FUNDING OF CERTAIN LOCAL IMPROVEMENTS; CREATING THE PGA FLYOVER ASSESSMENT AREA; AMENDING THE INITIAL ASSESSMENT RESOLUTION AND CONFIRMING THE INITIAL ASSESSMENT RESOLUTION AS AMENDED; IMPOSING SPECIAL ASSESSMENTS AND ESTABLISHING THE MAXIMUM ANNUAL ASSESSMENT RATE; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR COLLECTION OF THE ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. 0 WHEREAS, the City Council (the "City Council ") of the City of Palm Beach Gardens, Florida (the "City "), enacted Ordinance No. 27, 2000 on October 5, 2000 (the "Ordinance "), to provide for the creation of special assessment areas and authorize the imposition of special assessments to fund the construction costs of Local Improvements to benefit property located in the proposed special assessment areas; and WHEREAS, on November 2, 2000, the City Council adopted Resolution No. 86, 2000, the Initial Assessment Resolution, proposing creation of the PGA Flyover Assessment Area (the "Assessment Area ") and describing the method of assessing the capital cost of the PGA Flyover Enhancements against the real property that will be specially benefitted thereby, and directing preparation of a tentative Assessment Roll and provision of the notices required by the Ordinance; and • 1 ] WHEREAS, pursuant to the Ordinance, the City Council is required to confirm or repeal the Initial Assessment Resolution, with such amendments as the City Council deems appropriate, after hearing comments and receiving objections of all interested parties; and WHEREAS, the Assessment Roll has heretofore been filed with the office of the City Clerk, as required by the Ordinance; and WHEREAS, as required by the Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices B and C respectively; and WHEREAS, a public hearing was held on December 7, 2000 and comments and objections of all interested persons have been heard and considered as required by the Ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the Ordinance, Chapter 166, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This Resolution is the Final Assessment Resolution as defined in the Ordinance. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance and the Initial Assessment Resolution. 0 2 SECTION 3.. AMENDMENTS TO INITIAL RESOLUTION. The Initial Assessment Resolution is hereby amended as follows: (A) The definition of "Grant" set forth in Section 1.01 is hereby amended to read as follows: SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. "Grant" means any sum of money received by the City from any public or private agency as or on account of a grant or contribution for 40 construction of the PGA Flyover Enhancements, that is restricted as to use and not repayable by the City other than upon the occurrence of a default thereunder. (B) Section 1.03(G) of the Initial Assessment Resolution is hereby amended to read as follows: SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined and declared that: CODING: Words stricken are deletions; words underlined are additions. 3 (G) Based upon the foregoing, Commercial Property located within the Assessment Area will derive a special benefit from construction of the PGA Flyover Enhancements. Accordingly, the City Council hereby finds it reasonable to allocate the Capital Cost to each Tax Parcel containing Commercial Property based on each Tax Parcel's relative value compared to the aggregate value of Commercial Property located within the Assessment Area. (C) Section 3.02(C) of the Initial Assessment Resolution is hereby amended to read as follows: SECTION3.02. PGA FLYOVER ENHANCEMENT FUNDING. (C) The proceeds of any Grant received by the City shall be used to reduce the Capital Cost of the PGA Flyover Enhancements if received prior to the issuance of Obligations. After the issuance of the Obligations, proceeds of any Grant shall be used to redeem pay debt service on the Obligations. (D) Section 3.04 of the Initial Assessment Resolution is hereby amended to read as follows: SECTION 3.04. COMPUTATION OF ASSESSMENTS. The Assessments will be imposed for each Fiscal Year in ;which Obligations CODING: Words stricken are deletions; words underlined are additions. 4 • o remain outstanding and collected on the ad valorem tax bill in the manner authorized by the Uniform Assessment Collection Act. The annual hnpiovernent Assessment shall be computed for each Tax Parcel containing Commercial Property in the manner set forth in this Section 3.04. (B) ADJUSTED TAX INCREMENT. An "Adjusted Tax Increment" shall be computed for each Fiscal Year by ;i wiuui8 multiplying (1) the amount computed by subtracting (a) the amount of ad valorem taxes which would have been levied within the Tax Increment Area by applying the same City's ad valorem millage rate for such Fiscal Year to the sum of (i) the aggregate Taxable Value of Commercial Property in the Assessment Area for the Base Year, and (ii) the initial year value of improvements appearing on the ad valorem Tax Roll for the first time in years following the Base Year, from (b) the amount of ad valorem taxes levied by the City within the Tax Increment Area for such Fiscal Year, exclusive of any amount from any debt service millage, by (2) the factor of 0.95. SECTION 4. CREATION OF ASSESSMENT AREA. The Assessment Area is hereby created to include the property described in Appendix A hereto. The Assessment Area is created for the purpose of improving the use and enjoyment of property located therein by funding the construction of the PGA Flyover Enhancements. CODING: Words stricken are deletions; words underlined are additions. 0 5 SECTION 5. CONFIRMATION OF INITIAL RESOLUTION. The Initial Assessment Resolution, as modified by Section 3 hereof, is hereby ratified and confirmed. SECTION 6. APPROVAL OF ASSESSMENT ROLLS. The Assessment Roll, which is currently on file with the City Clerk and attached hereto as Appendix D, is hereby approved. SECTION 7. ASSESSMENTS. (A) The Tax Parcels described in the Assessment Roll are hereby found to be specially benefitted by construction of the PGA Flyover Enhancements in the amount of the maximum annual Assessment set forth in the Assessment Roll. The methodology for computing annual Assessments described in the Initial Assessment Resolution is hereby approved. Annual Assessments computed in the manner described in the Initial Assessment Resolution are hereby levied and unposed on all Tax Parcels described in the Assessment Roll. Tax Parcels located in the Assessment Area shall have a maximum annual Assessment rate of $.95 per $1,000 of taxable value for a period of twenty (20) years, commencing with the tax bill mailed in November, 2002. (B) Upon adoption of the Annual Assessment Resolution for each Fiscal Year, the Assessments shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The lien shall be deemed perfected upon 0 6 • • • adoption by the City Council of the Annual Assessment Resolution and shall attach to the property included on the Assessment Roll as of the prior January 1, the lien date for ad valorem taxes. SECTION & COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act. Upon adoption of the Annual Assessment Resolution for each Fiscal Year, the City Manager shall cause the certification and delivery of the Assessment Roll to the Tax Collector by September 15, in the manner prescribed by the Uniform Assessment Collection Act. The Assessment Roll, as delivered to the Tax Collector, shall be accompanied by a Certificate of Non -Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix E. SECTION 9. EFFECT OF FINAL ASSESSMENT RESOLUTION. The adoption of this Final Assessment Resolution shall be the final adjudication of the issues presented herein and in the Initial Assessment Resolution (including, but not limited to, the method by which the Assessments will be computed, the Assessment Roll, the maximum annual Assessment and the levy and lien of the Assessments) unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Council action on this Final Assessment Resolution. SECTION 10. ASSESSMENT NOTICE. The City Clerk is hereby directed to record a general notice of Assessments in the Official Records Book in the office of the Palm Beach County Clerk of Courts. Such notice shall be in substantially the form attached 7 • • as Appendix F hereto. The preliminary Assessment Roll and each annual Assessment Roll shall be retained by the City Clerk and shall be available for public inspection. SECTION 11. EFFECTIVE DATE. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED this 7th day of December, 2000. MAYOR JOSEPH R RUSSO ATTEST APPROVED AS TO LEGAL FORM AND SUFFICIENCY CAROL GOLD, CMC, CITY CLERK CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO E • APPENDIX A LEGAL DESCRIPTION • • �J LEGAL DESCRIPTION OF PGA FLYOVER ASSESSMENT AREA Certain parcels residing in the Section - Township- Ranges of 001- 42 -42, 005- 42 -43, and 006- 42-43, with a western boundary of the I -95 corridor and an eastern boundary of the Intercoastal Waterway, including the following parcel identification numbers: 52424201000003010 52424201000003020 52424201000005010 52424201000005011 52424201000005013 52424201000005014 52424201000005070 52424201000005090 52424201000005100 52424201000005110 52424201150000020 52434205000001100 52434205000001112 52434205000001113 52434205000001114 52434205000001420 52434205000001450 52434205000001460 52434205000001480 52434205000003010 52434205000003020 52434205000003030 52434205000003090 52434205000003110 52434205000005030 52434205000005130 52434205000005214 52434205000007010 52434205000007040 52434205000007060 52434205000007070 52434205060000140 52434205060000161 52434205060000170 52434206000001020 A -1 52434206000001090 52434206000001100 52434206000003040 52434206000003080 52434206000003090 52434206000005050 52434206000005060 52434206000005070 52434206000007030 52434206000007040 52434206020001010 52434206020001020 52434206020001030 52434206020001040 52434206020001060 52434206020001070 52434206030030000 The attached map depicts the PGA Flyover Assessment Area. • 0 A -2 :;0. tim • 50 • APPENDIX B PROOF OF PUBLICATION • s • • • THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Tyler Dixon who on oath says that she is Classified Advertising Manager, Inside Sales of The Palm Beach Post, a daily and Sunday newspaper published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising, being a Notice in the matter of PGA Flyover -- in the Court, was published in said newspaper in the issues of November 17, 2000. Affiant further says that the said The Post is a newspaper published at West Palm Beach , in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she/he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before this 17 day of November -A.D. Personally known XX or Produced [dentifi tics on ) 9�►"r��p, �MFRF.r)lrs4 I. nntnlr lc 4 Type of Identification Produced 4 MY COMMINSION N CCAS139J �f p� ""oQ EXPIRE-: Oct 20.2003 1.8003NOTMY Fla. N01ery Service a F3ondirp RE C E IV Er i City Clerk's Offic; NO. 7! :. NOTICE:OF HEARING30IM :..COLLECTION OF NON -AD I Notice is hereby given that: the Cif Florida; -will conduct a public heorini .Flyover Assessment Area, as shown a6 assessnients:iagainst certain- property 'as'sessments_,on the ad valorem tax bil; RK:'on December. 7,'2000 in the Ci- Militory .Trail;_1,.Palni': Beach Gardens, Americans with Disabilities : ties Ad, perso or an' interpreter to' participate m this Clerk's office at (561) 799 -4120 at lec hearing. All affected property owners K and to file written objections with the notice. Any person wishing to appeal c respect to any matter considered will ne that a verbatim record is made. The assessments have been prol construction of flyover enhancements to serve the PGA Flyover Assessment Are( commercial proppeerly.within the. PGA Fh upon the taxable: value of the parcel. credit equal to fifty percent of the-annuc determining the• credit; annual growth value of improvements added to the tc will apply this credit first to pay: the a <- property located in the assessment assessment payable by commercia Kmore specific description is set adopted by. e, City. Council. on`I prettmtnary assessment rons are ovallal City. Clerk,-• jocated.= ots10500 N. M Annual.caPitol; assessments to fund be:collecfed' the;_ ad valorem ta. ori` commencing.:, ,A the' tax bill to be m, pay the ossessments'will Sause a tax property which may - result in a loss of ti If you have any questions, please co 799 -4163. PUBLISH: POST ty, Florida ON Dixon who on oath says that she Im Beach Post, a daily and Sunday unty, Florida; that the attached copy ver -- in the Court, was published blished at West Palm Beach , in er has heretofore been continuously nday and has been entered as second aid Palm Beach County, Florida, for he attached copy of advertisement; nised any person, firm or :he purpose of securing this ,A.D. —Z �MTZF1F.r)1-r -" r 1.11111 9 4 MYCOMMIS`510NNCC881393 (9 ?pr�oQ EXPIRES: 01120,2003 00.3NOTARY Fla. Nolary Service & Bonding Co. • NO. 75526. I t. 1. t. ;..: ,— NOTICE. OF HEARING�TO1IMPOSE�AND PROVIDE FOR COLLECTION OF: NON =AD VALOREM ASSESSMENTS Notice is hereby given that: the City' Council of Palm Beach Gardens, Florida, will conduct a Oublic hearing to consider. creation, of the PGA Flyover Assessment Area, as sho\vn above, and to impose non -ad valorem assessments against certain' propery located therein and collecting the assessments on the ad valorem tax bill. The hearing will be held at 7:00 P.M. on December 7,'2000 in the City Council Chambers at 10500 N. Military Trail,:' Palm. Beach Gardens, Florida. In accordance with the Americans with Disabilities Act, Persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City. Clerk's office at (561) 799-4120 at least 48 hours prior to the date of the hearing. All affected property owners have a right to appear at the hearing and to file written objections with the City Council within 20 days of this notice. Any person wishing to appeal an decision of the City Council with respect to any matter considered w111 need a record and may wish'to ensure that a verbatim record is made: The assessments., . have been . proposed" :to, fund capital costs for construction 'bf fl over-enhancements to the AlA /PGA Boulevard flyover to serve the PGA F over Assessment Area. The assessment for each parcel of commercial proppeerty "within, the f'GA Flyover Assessment Area will be based upon the taxable value of the parcel. Each year the -City will calculate a credit equal to fifty percent . of the annual growth in the surrounding area. In determining the-:credit; 'annual'growth.would- not include the initial year value of improvements added to the tax roll. in subsequent years. The City will apply. this credit first to pay; the assessment attributable to government property located in the assessment ark. and 'second to reduce the - assessment payable by commercial Property located 'in the assessment area:' A more specific descriPlion is set foith in the .Initial Assessment Resolution adopted by� the City. Council.on_`November 2, 2000. Copies of the Initial Assessment Resolution, the plans 'and 'specifications for the project, and the preliminary assessment rolls are available for inspection at the offices of the City Clerk, f ocoted, at'• 10500 N. Military Trail, Polm Beach Gardens, Florida... . Annual capital. assessments to fund the PGA Flyover Enhancements will be ,collected .•ori the =:ad valorern :,.tax bill for a period of 20 'years, commencing. with thWtax bill to" be' mailed in November 2002. Failure to .pay the assessments will Souse -a Aox certificate .to be issued agoinst the property which may- result in a loss.of tide. If you have any questions, please contact the Director of Finance at (561 j 799 -4163. PALM BEACH GARDENS, FLORIDA PUBLISH: November 17, 2000 • APPENDIX C AFFIDAVIT OF MAILING • • • AFFIDAVIT OF MAILING STATE OF FLORIDA COUNTY OF LEE - BEFORE ME, the undersigned authority, personally appeared Camille Gianatasio, who, after being duly sworn, deposes and says: 1. I, Camille Gianatasio, have been designated by the City Clerk of Palm Beach Gardens, Florida, to mail the notices required by Section 2.05 of Resolution No. 86, 2000, adopted by the City Council of Palm Beach Gardens, Florida, on November 2, 2000 (the "Initial Assessment Resolution "). 2. On or before November 17, 2000, I mailed, or directed the mailing of, a notice in accordance with Section 2.05 of the Initial Assessment Resolution by first class mail, to each owner of property within the PGA Flyover Assessment Area in conformance with the requirements of the Ordinance No. 27, 2000, enacted by the City Council of Palm Beach Gardens, Florida, on October 5, 2000, at the address shown on the real property assessment tax roll maintained by the Palm Beach County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. FURTHER AFFIANT SAYETH NOT. Afiiant 9 C -1 STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me by Camille Gianatasio, who is personally known to me or who has produced as identification and did (did not) take an oath. WITNESS, my hand and official seal this _ day of , A.D., 2000. My commission expires: • C -2 Signature of person taking acknowledgment Name of acknowledger (printed) • APPENDIX D ASSESSMENT ROLL ul 1] • • • W C ' CO c E Q Go G* va Q T C J- O C7 a-+ 60 `� o bD ° o m v v O m G V O C.2 bd CD 4- G 1 C cm L C COO C3 cm O V' (a fa IS cc C= C* C T7 D V E CO L Co C- C32 O O O O c O O O O O G O O C/3 O O C O O m O O O O O C- O O CU O GM N O .0 LO c0 ca ri 00 CO r C33 c0 go n O O° Cl) E Xm M c0 O ` M V X69 1� N CO CL. 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I.— C32 c 6 Q M P, 03 Q T C s`° cc lY] cc G y O tYJ C �m m w � m G d w O C.2' �+ m •+ a c3 c m m G L O CM p C40 E cz C.2 CD m a m CCOO 7cc ofG G7 co to x C- C* 3 0 8I U a 00 00 0O o0 oO 00 00 00 00 00 00 00 00 00 00 00 to h w (O N N M (O O m c-- 0 O N f O O W O (-- O V M O N to O (D N O N �O V 1n 1� 'V N ' 1n cc f� m 0) N O N It M V V% V) 6% V> to 60 fill di M to Vi V> O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C) n (0 0 o v w m m m o N m V 0) O_ N to V C] N O co co M 0 o0 n c0 VMi m Vi 6% 0% U% V) 6% In H V) Vi co V Vl O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 o O O o 0 0 to LO r M M h c0 M h to M m n N to co VT r 6% Vi to (- b ti N n v to 69 N to f9 6% ti 64 V) to W. to V! V9 C) O o 0 0 0 0 0 0 C. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N to P W w O M 0 V u) n (C cl M c0 M m (D a2 tO n 0 � to N m m M V n 60 M a V v t[> o o to V n co N � 14 N N O n O � O 0) 61, V) tff 69 fA 6% F 11, 69 V) V) V3 cH O O O O O O O O O O O O O O O O 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v v 0 0 0 0 CO o 0 0 0 0 0 0 o m m to o 0 v N o 0 0 0 0 0 0 o rn n to to o M r o O o C C 0 0 O to O O V O tO O O O O Co O O O O O O co _ tO tO �t 0) O O O O O O O O O c0 tO n tO U') M '7 0) O M tO O O) O N t9 N c0 V) N N 00 � N M V) 69 Vi w w 6% N V) 0% N M V) V) Vi d) V! (A 01 O O M M M O tO M M M M M O) r r r r r r N V O r r r r r r r V) Z W J fq 0- � a F (A p (n ( a > Z p 0 o O W ~ J O a W (j W W a z z a CO o z Y W U W W O -J W Z U U v o � W � LL Z Z w N D O W W o W W ° O � M W 5= o .�S l- a a o v a o Z o } } Z U (n O Z Z i a n a a o a a > °° a(� 2 T 3 g W2 O o t0 O O o O O co ( O o 0 0 o O 0 LO to 1- M g N M v- (O t- O _ M m � LO to t0 O . O O O_ O_ O_ O_ _O 00 O O O O O O O O O O O O O O O Cl) O O O O O O Co Co O O O O O O O O O O O O O O O O O O O O O O O O O O O Co O O O O Co N N N N N N M O O O O O O O O O O O O O O o O to O O to to to c0 O (o O O O O O O (o O O O O o O O O O O O O O O O O N N N N N N N N N N N N N N N N V V 'Q 'R V 'R "Cr V 'V V V IT V V V V M m co m Cl) Cl) m Cl) Cl) M Cl) M Cl) Cl) M co V V 't t It V v V ' 'Q V V IT It V V N N N N N N N N N N N N N N N N tO tO to LO tO tO tO to tO tO tO tO tO tO tO to 0 0 Cl) N N Cl) Vi 0 a m GO N 69 O 0 tT N LO V) 0 0 c0 O co of N 60 0 Mt0 n N O V Cl) V) N (0 O t-- CV LO _N O i cu IL 0 M N lT a 2 c a) E N Q CL N c m v A 0 c0 m E m CL O a u APPENDIX E FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL • • • • • CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, I am the Mayor of the City of Palm Beach Gardens, Florida (the "City "); as such I have satisfied myself that all property included or includable on the non -ad valorem assessment roll for the PGA Flyover Assessment Area (the "Non -Ad Valorem Assessment Roll ") for the City is properly assessed so far as I have been able to ascertain; and that all required extensions on the above - described roll to show the non -ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non -Ad Valorem Assessment Roll will be delivered to the Palm Beach County Tax Collector by September 15, 20 IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Palm Beach County Tax Collector and made part of the above described Non -Ad Valorem Assessment Roll this day of , 20 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA IC Mayor [to be delivered to Tax Collector prior to September 151 E -1 • APPENDIX F FORM OF ASSESSMENT NOTICE • • 0 NOTICE OF ASSESSMENTS On December 7, 2000, the City Council of Palm Beach Gardens, Florida, adopted Resolution No. 113, 2000, which imposed special assessments against property located within the PGA Flyover Assessment Area to finance the construction of certain enhancements to the flyover at the intersection of AIA and PGA Boulevard. Attached as Exhibit I to this notice is a list of the affected tax parcel numbers and property owners (as shown on the Palm Beach County ad valorem tax assessment roll as of the effective date of Resolution No. 113, 2000 and the property value attributable to each tax parcel. Annual assessments will be payable for a period of twenty (20) years, commencing with mailing of the November, 2002 ad valorem tax bill, as authorized by Section 197.3 632, Florida Statutes The method of computing the annual capital and maintenance assessment for any parcel of property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number is set forth in Resolution No. 86, 2000. The assessment roll, which identifies the property value attributable to each parcel of property is on file in the office of the City Clerk and is open to public inspection. Resolution No. 113, 2000 establishes a maximum annual Assessment rate of $.95 per $1,000 of taxable value. This notice is recorded to provide constructive notice of the annual Assessment to purchasers of property located within the PGA Flyover Assessment Area. Neither Resolution No. 113, 2000 nor this notice will create a lien upon the property described above. The City Council will adopt an annual assessment resolution for each fiscal year. Upon adoption of each annual assessment resolution, assessments shall constitute a lien F -1 • against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem assessments. The lien shall be deemed perfected upon adoption of each annual assessment resolution and shall attach to the property included on the assessment roll as of the prior January 1, the lien date for ad valorem taxes. This notice does not and shall not be construed to require that individual liens or releases be filed in the Official Records. PALM BEACH GARDENS, FLORIDA (SEAL) MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, CMC, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 0 F -2 • EXHIBIT I PGA FLYOVER ASSESSMENT AREA The following table includes tax parcel numbers included within the PGA Flyover Assessment Area, the property owner of each parcel and the taxable value attributable to each parcel (as shown on the Palm Beach County ad valorem tax assessment roll as of the effective date of Resolution No. 113, 2000. Each annual Assessment will be computed using the most recent taxable value certified to the City pursuant to Section 200.065(1), Florida Statutes. • 0 F -3 • • • W m o0 C0 C0 00 00 00 C0 00 00 00 00 00 00 00 00 C0 00 Oo E co cv o n_ u) co tb r a_o m r to (a r r Q _ (D V (o O m N O (h V 69 r c O O mcc a) O co (0 00 V ch V 00 r M _N O a) O Gal63 w r w Ki M to to b9 fi) to 69 d7 Q Vi 69 to to Vi Eo 69 T �.s 9 j � O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O y O ('7 V l'7 co r M O M a) A O r O 00 N M U1, N FA m N to M V! 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G. M O N O M O LO W (O 0 0 O O O (O U') ~' i� 6 a 0 • • . CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 11127400 Meeting Date: 12/07/00 Subject/Agenda Item Resolution 114, 2000, Authorizing the City to Utilize the Uniform Method of Collecting Non - ad Valorem Assessments. Recommendation /Motion: Consider a motion to approve Resolution 114, 2000. Reviewed by Originating Dept.: Costs: $ 0 Council Action: (Total) City Attorn Finance [ ] Approved $ 0 [ ] Approved w/ Finance Current FY conditions [ )Denied ACM Advertised: Funding Source: [ ] Continued to: Other Date: [ ] Operating Attachments: Paper: [ X ] Not Required [ )Other Memorandum Submitted by: Kent R. Olson KKO Department Director Affected parties ( ] Notified Budget Acct. #: [ ] None Approved by: City M age ( X ] Not required BACKGROUND: See attached memorandum. e • • CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ronald M. Ferris, Interim City Manager DATE: November 27, 2000 FROM: Kent R. Olson, Finance Director KRU SUBJECT: Resolution 114, 2000 — Uniform Method of Collecting Non -ad Valorem Assessments BACKGROUND The City of Palm Beach Gardens has two projects under consideration that are planned to be funded using non -ad valorem taxes. Non -ad valorem taxes are collected on the property tax bill and remitted to the appropriate jurisdiction by the Palm Beach County Tax Collector. Several jurisdictions use this method to collect non -ad valorem assessments from some or all of our residents, including the Solid Waste Authority of Palm Beach County for the cost of disposing of trash and vegetative waste, and the Northern Palm Beach County Improvement District for street and drainage infrastructure and maintenance. The City is contemplating this method of collection for the assessment area for the PGA Flyover enhancements as well as the establishment of a stormwater utility. State Statutes require a public hearing before the end of the year in order to utilize this funding method. DISCUSSION Resolution 114, 2000, is similar to a resolution the City adopted last December that would have permitted us to utilize non -ad valorem taxes to collect the stormwater utility fees had we gone ahead with that project earlier this year. Resolution 114, 2000 indicates that we will begin the assessment for the PGA Flyover beginning November 2002 and in November 2001 for the stormwater utility. For both the PGA Flyover and the stormwater utility, another resolution will be required to actually assess property owners before these assessments would appear on a tax bill. RECOMMENDATION Staff recommends approval of Resolution 114, 2000, providing for the utilization of the Uniform Method of Collecting Non -ad Valorem Assessments for a stormwater utility and the PGA Flyover assessment area. • • • RESOLUTION NO. 114, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN CERTAIN AREAS OF THE CITY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council (the "City Council ") of Palm Beach Gardens, Florida (the "City ") is contemplating the imposition of special assessments for the construction of certain local improvements and provision of stormwater management services and facilities; and WHEREAS, the City Council intends to use the uniform method for collecting non- ad valorem special assessments, as authorized by Section 197.3632, Florida Statutes, for the cost of (a) providing stormwater management services and facilities within the incorporated area of the City (such area is specifically identified in Exhibit A hereto), and (b) constructing local improvements to property within certain areas of the City (such area is specifically identified in Exhibit B hereto) because this method will allow such special assessments to be collected annually commencing in November 2001 (in the case of the stormwater management services and facilities) and November 2002 (in the case of the local improvements), in the same manner as provided for ad valorem taxes; and WHEREAS, the City Council held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit C; NOW, THEREFORE BE IT RESOLVED by the City Council of Palm Beach Gardens, Florida, as follows: 1. Commencing with the Fiscal Year beginning on October 1, 2001, and with the tax statement mailed for such Fiscal Year, the City intends to use the uniform method of collecting non -ad valorem assessments authorized in section 197.3632, Florida Statutes, as 72 amended, for collecting non -ad valorem assessments for the cost of providing stormwater management services and facilities. Such non -ad valorem assessments shall be levied in the incorporated area of the City. A legal description of such area subject to the assessment is attached hereto as Exhibit A and incorporated by reference. 2. Commencing with the Fiscal Year beginning on October 1, 2002, and with the tax statement mailed for such Fiscal Year, the City intends to use the uniform method of collecting non -ad valorem assessments authorized in section 197.3632, Florida Statutes, as amended, for collecting non -ad valorem assessments for the cost of constructing local improvements. Such non -ad valorem assessments shall be levied within certain areas of the incorporated area of the City. A legal description of such area subject to the assessment is attached hereto as Exhibit B and incorporated by reference. 3. The City hereby determines that the levy of the assessments is needed to fund the cost of (a) stormwater management services and facilities and (b) certain local improvements, all within the incorporated area of the City. 4. Upon adoption, the City Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Palm Beach County Tax Collector, and the Palm Beach County Property Appraiser by January 10, 2001. 5. This Resolution shall be effective upon its adoption. • INTRODUCED, PASSED AND ADOPTED AT A PUBLIC HEARING this 7th day of December, 2000. MAYOR JOSEPH R. RUSSO ATTEST APPROVED AS TO LEGAL FORM AND SUFFICIENCY CAROL GOLD, CMC, CITY CLERK CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEMBER CLARK is COUNCILMEMBER SABATELLO 0 1] APPENDIX A STORMWATER MANAGEMENT SERVICES AND FACILITIES AREA LEGAL DESCRIPTION The incorporated area of the City of Palm Beach Gardens, Florida. A -1 APPENDIX B PGA FLYOVER ASSESSMENT AREA LEGAL DESCRIPTION Certain parcels residing in the Section - Township - Ranges of 001- 42 -42, 005- 42 -43, and 006- 42 -43, with a western boundary of the I -95 corridor and an eastern boundary of the Intercoastal Waterway. B -1 • • • APPENDIX C PROOF OF PUBLICATION [TO BE ATTACHED] C -1 • I CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 7, 2000 Date Prepared: November 16, 2000 SUBJECT /AGENDA ITEM Public Hearing: Resolution 120, 2000, to provide for an exemption of a non - conforming use at the Tanglewood PUD to allow for existing residential density to remain. RECOMMENDATION Staff is recommending approval of Resolution 120; 2000. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorne eN Growth Management [ ] Approved Finance ACM i' $ Current FY [ ] Approved w/ conditions Human Res. NA [ ] Denied Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other • Resolution 120, 2000 Letters: Property Owners Not Required • Legal Description anagement Affected parties Budget Acct. #:: Director Notified [ ] None Approved City Man a (X] Not required REQUEST Tanglewood CSC, Limited, owners of the residential component of the Tanglewood PUD, are requesting an exemption to density requirements as designated by the City's Comprehensive Plan. The petitioner wishes to rehabilitate 542 dwelling units on 28.45 acres of land. (12- 42S -42E) • • . City Council Meeting Date: December 7, 2000 Date Prepared: November 16, 2000 BACKGROUND The Tanglewood PUD was approved by Ordinance 7, 1969, including both residential units and a commercial shopping center. The property has since been subdivided. The owners of the residential component wish to rehabilitate the 542 dwelling units located on their property. LAND USE & ZONING The property currently has a PUD overlay zoning designation with underlying zoning of RH - Residential High for the residential component and CG -1 General Commercial for the commercial component. CONCURRENCY The project is vested for concurrency based on the number of dwelling units existing. PROJECT DETAILS The residential component of the PUD currently has a density of 19.05 dwelling units per acre. When the PUD was approved by City Council in 1969, the City Council had the ability to establish densities when approving a PUD. Subsequently, the City has a adopted a Comprehensive Plan, which has capped housing density at 12 dwelling units per acre in a PUD. Policy 1.1.5.8 of the Comprehensive Plan allows for the City Council to "on a case -by -case basis, exempt a non - conforming use only after a public hearing is held to consider its compatibility with surrounding properties. The City Council may require additional buffering, screening and modifications to bring the property more into compliance with the Comprehensive Plan and the Land Development Regulations. These uses will not be allowed to expand, and if damaged or destroyed by more than 50% of their value, will not be allowed to be reestablished." Expansion of Use The petitioner is not proposing to increase the number of dwelling units; however, the petitioner is proposing to expand the number of bedrooms per unit, which will require more parking spaces. City Council may grant an exemption to the existing non- conforming density only if it is determined that the petitioner is not expanding their use. PA City Council Meeting Date: December 7, 2000 Date Prepared: November 16, 2000 use designations within the Future Land Use Plan have created an area of intense uses around the subject site. Based on this analysis, the present densities on this site are compatible with surrounding properties. Bifurcation Issue Ordinance 7, 1969 approved the Tanglewood PUD, which included both the residential apartments and the commercial shopping center, known today as the Abbey Road Plaza. Currently, the shopping center is under different ownership. The owner of the shopping center component has expressed no interest in the PUD amendment for the rehabilitation of the apartments. Bifurcation of the PUD would allow for a legal separation of the zoning district into two separate zoning districts. This would allow for the residential component to proceed with a PUD amendment, while a separate PUD would be approved for the shopping center to remain as existing, notwithstanding the existence of various nonconformities. Bifurcation does not require separate action by City Council at this time. STAFF RECOMMENDATION Based on compatibility with surrounding properties, staff is recommending approval of Resolution 120, 2000, to provide for an exemption to allow for existing residential density to remain. GAShort Rangeltangle.cc.doc • 4 L CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 120, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN EXEMPTION OF A NON- CONFORMING USE FOR THE TANGLEWOOD PUD, LOCATED ON THE EAST SIDE OF MILITARY TRAIL, JUST SOUTH OF PGA BOULEVARD, TO ALLOW THE CONTINUATION OF THE EXISTING RESIDENTIAL DENSITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received a request from Tanglewood CSC, Ltd. for the approval of an exemption of a non - conforming use at the Tanglewood Planned Unit Development (PUD) to allow for the continuation of the existing residential density, which exceeds the density allowed by the City's Comprehensive Plan; and WHEREAS, Policy 1.1.5.8 of the City's Comprehensive Plan allows the City Council, after a public hearing, to exempt a non - conforming use once it considers its compatibility with surrounding properties; and WHEREAS, the 28.45 acre "Tanglewood" site is currently zoned Planned Unit Development (PUD), with an underlying zoning of Residential High (RH) and a future land use of Residential High (RH); and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of an exemption of a non - conforming use at the Tanglewood Planned Unit Development (PUD) to allow for'the existing residential density to remain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens hereby approves the exemption of a non - conforming use at the Tanglewood Planned Unit Development (PUD), located on the east side of Military Trail, just south of PGA Boulevard, as more 0 5 • • • particularly described in Exhibit "A" attached hereto and incorporated herein, to allow for the continuation of the existing residential density in excess of the maximum density currently permitted under the City's Comprehensive Plan. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2000. MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK C- i I i Resolution 120, 2000 Meeting Date: December 7, 2000 Date Prepared: November 17, 2000 EXHIBIT "A" • • e • • OyERAL -4 PARCEL A CERTAIN PARCEL OF LAND IN THE NORTH ONE -IIALP (N 1/2) OF THE NORTHEAST -ONE QUARTER (NE 1/4) OF SECTION 12, TOWNSHIP 42 SUUTU, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS F61UOWS: BEGINNING AT THE POINT OF INTERSECTION OF A LINE PARALLEL TO AND 30.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH. LINE OF THE NORTH ONE HALF (N 1/2) OF THE NORTHEASTIONE QUARTER (HE 1/4) OF SAID SECTION 12, WITH A LINE PARALLEL TO AND 50.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF SAID NORTHEAST ONE QUARTER (NE 1/4) OF SECTION 12, THENCE FROM SAID POINT OF BEGINNING, SOUTH 09'40'44" EAST (FOR THE PURPOSE OF THIS DESCRIPTION, TILE SOUTH LINE OF THE NORTH ONE HALF (N1 /2) OF THE NORTHEAST ONE QUARTER (HE 1/4) OF SAID SECTION 12 IS ASSUMED TO BEAR NORTH 89'48'.44" WEST AND ALL OTIIER BEARINGS MENTIONED HEREIN ARE RELATIVE THERETO) ALONG A LINE PARALLEL TO AND 30.00 FEET NORTH OF�qAS MEASURED AT RIGHT ANGLES; TO THE SOUTH LINE OF THE NORTH ONE HALF (N 1/2) OF THE NORTHEAST ONE QUARTER (NE 1/4) OF SAID SECTION 12, A DISTANCE OF 1320.00 FEET; THENCE SOUTH 00'11'16" WEST, A DISTANCE OF 5.00 - FEET; '1'NENCL•' SOUTH 09'48'44" EAST ALONG A LINE PARALLEL TO AND 25.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE NORTH ONE HALF (N 1/2) OF THE NORTHEAST ONE QUARTER (NE 1/4) OF SAID SECTION 12, A DISTANCE OF 643.78 FEET, MORE OR LESS, TO A POINT ON THE WEST RIGILT- OF•WAY OF STATE ROAD NO. 9 (INTERSTATE 95) AS SAME IS SHOWN ON A PLAT RECORDED IN ROAD PLAT BOOK 3, PAGES 224 THROUGH 230, INCLUSIVE, PUBLIC RECORDS OF PALH BEACH COUNTY, FLORIDA; THENCE NORTH 32'43'50" WEST, ALONG THE WEST RIGHT -OF -WAY OF SAID STATE ROAD NO. 9 (INTERSTATE 95), A DISTANCE; OF 824.15 FEET; THENCE NORTH 37'05'26" WEST, A DISTANCE OF 136.13 FEET: THENCE NORTH 89'48'44" WEST, ALONG TILE NORTH LINE OF THE SOUTH 825.00 FEET OF TILE NORTH ONE HALF (N 1/2) OF TILE NORTHEAST ONE QUARTER (HE 1/4) OF SAID SECTION 12, A DISTANCE OF 1136.97 FEET: THENCE SOUTH 00'17'34" WEST, A DISTANCE OF 375.00 FEET; THENCE NORTH 89'48'44" WEST, A DISTANCE OF-295.00 FEET, MORE OR LESS, TO A POINT ON A LINE 50.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, 'PILL•' WEST LINE OF SAID NORTHEAST ONE QUARTER (NE 1/4) OF SECTION 12; THENCE-SOUTH 04'17'36" WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 420.00 FEET, MORE OR LESS, TO TILE POINT OF BEGINNING. TOGETHER WITH ALL OF THE RIGHTS OF TANGLEWOOD ASSOCIATES LIMITED PARTNERSHIP, A'i C014IIEC71CUT LIMITED PARTNERSHIP, AS TO THOSE LANDS DESCRIBED IN THE FOLLOWING INSTRUMENTS: O.R. BOOK 4839, PAGE 320; O.R. BOOK 2001, PAGE 725; O.R. BOOK 1915. PAGE 1907; O.R. BOOK 1836. PAGE 1179; O.R. 'Book 1757, PAGE 876; O.R. BOOK 2149, PAGE 813. LESS THE FOLLOWING SEVEN (7) DESCRIBED PARCELS OF LAND: l'LRCEKI NO. g b 4A BEGINNING AT THE POINT OF INTERSECTION OF A LINE PARALLEL WITH AND '.70.0 FEET NORTII OF THE SOUTH LINE OF THE NORTH ONE HALF OF THE ; ORTHEAST ONE QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH. RANGE 42 EAST, WITH A LINE PARALLEL WITH AND 50.0 FEET EAST OF THE WEST LINE OF SAID NORTHEAST ONE QUARTER OF SECTION 12, THENCE NORTH 0'17'36" EAST ALONG LAST SAID PARALLEL LINE A DISTANCE OF 80.0 FEET; (FOR THE PURPOSE OF THIS DESCRIPTION, THE SAID SOUTH LINE OF THE NORTH ONE HALF OF THE NORTHEAST ONE QUARTER OF SECTION 12 15 ASSUMED TO BEAR NORTH 89'40'44" WEST AND ALL OTHER BEARINGS MENTIONED HEREIN ARE RELATIVE THERETO); THENCE SOUTH 89'40'44" EAST A DISTANCE'OF 355.0 FEET; THENCE SOUTH 0- 17'36" WEST A DISTANCE OF 420.00 FEET TO A LINE PARALLEL WITH AND 30.0 FEET NORTH OF THE SOUTH LINE OF THE NORTH ONE HALF OF THE NORTHEAST ONE QUARTER OF SAID SECTION 12; THENCE NORTH 09'48'44" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 60.0 FEET; THENCE NORTH 0'17'36" EAST A DISTANCE OF 340.0 FEET; THENCE NORTH 09'40'44" WEST A- DISTANCE OF 295.0 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. Page 1 6f 4 r ' 28 �` ? • • • • PARCEL NO. A L 4B BEGINNING AT THE POINT OF INTERSECTION OF A LINE PARALLEL AND 380.00 FEET NORTH OF THE SOUTH LINE OF THE NORTH ONE RALF OF. THE NORTHEAST ONE QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42.EAST, WITH A LINE PARALLEL WITH AND 405.0 FEET EAST OF THE WEST LINE 'OF SAID NORTHEAST ONE QUARTER OF SECTION 12, THENCE (FOR THE PURPOSE OF THIS DESCRIPTION THE WEST LINE OF SAID NORTHWEST ONE QUARTER OF SECTION 12 IS ASSUMED TO BEAR NORTH 0'17'36^ EAST AND ALL OTHER BEARINGS HERETO MENTIONED ARE RELATIVE THERETO.) SOUTH 89'4844 "'EAST A DISTANCE OF 360.11 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 137.81 AND A CENTRAL ANGLE OF 50'58'41"; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 122.61 PEET TO TILE END OF SAID CURVE; THENCE SOUTH 30'50'03" EAST A DISTANCE OF 146.74 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 111.11 FEET AND A CENTRAL ANGLE OP 39'01'.19 "; THENCE SOUTHERLY ALONG TILE ARC OF JUST SAID CURVE A DISTANCE OF 75.67 rzET TO THE END OF SAID CURVE. THENCE SOUTH 0'11'16" NEST A DISTANCE OF 115.00 FEET, I4ORE OR LESS, TO A POINT IN A LINE THAT IS 30.00 PEET NORTHERLY FROM AND PARALLEL WITH THE SOUTH LINE OF THE NORTH ONE HALF OF NORTHEAST ONE QUARTER OF AFORESAID SECTION 12,�§;AID POINT BEING ALSO 990.00 FEET EAST OF THE WEST LINE OF THE NORTH ONE HALF OF THE NORTHEAST ONE QUARTER OF SAID SECTION 12 AS MEASURED ALONG THE JUST SAID PARALLEL LINE; THENCE SOUTH 89'48'44" EAST ALONG SAID' PARALLEL LINE A DISTANCE OF 60.00 FEET; THENCE NORTH 0'11'16" EAST A DISTANCE OF 115.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 171.11 FEET AND A CENTRAL ANGLE OF 39'01'19 "; THENCE NORTHERLY ALONG THE ARC OF JUST SAID CURVE A DISTANCE OF 116.54 FEET TO THE END OF SAID'CURVE; THENCE NORTH 38'50103" WEST A DISTANCE OF 146.74 *FEET TO THE BEGINNING. OF A CURVE CONCAVE TO THE SOUTHWEST,• HAVING A RADIUS OF 197.01 FEET AND A CENTRAL ANGLE OF 50'58'41 "; THENCE NORTHWESTERLY ALONG ARC OF JUST SAID CURVE A DISTANCE OF 176.00 FEET TO THE END OF SAID CURVE; THENCE NORTH 89'48'44" WEST A DISTANCE OF 360.00 FEET; THENCE SOUTH 0'17'36" WEST A DISTANCE OF'60.00 FEET TO THE POINT OF BEGINNING. PARCEL NO. 8 FROM THE SOUTHWEST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, RUN NORTH 0'17136" CAST ALONG THE WEST LINE OF THE SAID NORTHEAST QUARTER OF SECTION 12, A DISTANCE OF 440.0 FEET; THENCE SOUTH 89'40'44" EAST 764.53 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL AND THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST,.IIAVING A RADIUS OF 135.0 FEET AND A CENTRAL ANGLE OF 52'00'00 "; THENCE NORTHEASTERLY. ALONG TILE ARC OF SAID CURVE 122.52 FEET TO THE END OF SAID CURVE; -THENCE NORTI[ 30'11'16" EAST 22G.80 FEET TO THE FOINT IN THE ARC OF A 3224.60 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST. A LINE RADIAL TO SAID CURVE PASSING THROUGH SAID POINT REARS' NORTH 32'46'01" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND THROUGH AN ANGLE OF 12'22'34 ", A DISTANCE OF G96.S2 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 120.0 FEET, THROUGH AN ANGLE OF 37'14'01 ", A 'DISTANCE OF 77.90 FEET; THENCE SOUTH 29'48'44" EAST 69.43 FEET TO A POINT IN THE ARC OF A 100.0 FOOT RADIUS CURVE, CONCENTRIC WITII SAID 120.0 FOOT RADIUS CURVE; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 100.0 FOOT RADIUS CURVE AND THROUGH AN ANGLE OF 50'53'00" A DISTANCE OF 159.86 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF A 3164.60 FOOT RADIUS CURVE, WHICH IS CONCENTRIC WITH AFORESAID 3224.60 FOOT RADIUS CURVE; THROUGH AN ANGLE O1' 10'58'00 ", A DISTANCE OF 605.72 FEET TO A P0114T OF COMPOUND CURVATURE; THENCE WESTERLY AND SOUTHWESTERLY ALONG -THE ARC OF A 25.0 FOOT RADIUS CURVE CONCAVE TO THE SOUTH, (LAVING A CENTRAL ANGLE OF 05'59'19 ", A DISTANCE OF 37.52 FEET TO THE END OF SAID CURVE;' THENCE SOUTH 30'11'1G" WEST 129.54 FEET, TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO TILE EAST, HAVING A RADIUS OF 95.0 FEET AND A CENTRAL ANGLE OF 77 "01'17 "; THENCE SOUTHERLY ALONG THE ARC OF SAID'CURVE 127.71 FEET TO THE END OF SAID CURVE; THENCE NORTH 38 "50'03" WEST 19.47 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING RADIUS OF 197.01 FEET AND A CENTRAL ANGLE OF 50'50'41 "; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 176.0 FEET TO THE END OF SAID CURVE; THENCE NORTH 89'48'44" WEST 0.47 FEET TO THE POINT OF BEGINNING. • P a ., n 1 ,. c ,, • Ll PARCEL NOS, 11 FROM THE SOUTHWEST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42,,EAST, RUN NORTH 0-17'3G" EAST ALONG THE WEST.LINE OF THE SAID NORTHEAST QUARTER OF 9eCTION 12, A DISTANCE OF 440:0 'FEET; THENCE SOUTH 89'48'44" EAST 764.53 PEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS* OF 135.0 FEET AND A CENTRAL ANGLE OF 52'00'00 "; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 122.52 FEET TO THE END OP SAID CURVE; THENCE NORTH 38'11'16" EAST 226.80 FEET TO TILE POINT IN TILE ARC OF A 3224.60 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST AND THE POINT OF BEGINNING OF TILE HEREIN DESCRIBED PARCEL: A LINE RADIAL TO SAID CURVE PASSINO THROUGH SAID POINT BEARS NORTH 32'46'01 "' EAST; THENCE NORTH 38'11'16" EAST. 126.18 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTIIEAST, HAVING A RADIUS OF 130 $EET AND A CENTRAL ANGLE OF 52'; THENCE NORTHEASTERLY- ALONG THE ARC OF SAID CURVE 117.98 FEET TO THE END OF SAID CURVE; THENCE SOUTH 89'48'44" EAST 244.19 PEET TO THE BECIHNINO OF A CURVE , CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 100 FEET AND A CENTRAL ANGLE OF 55'08'05 "; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 96.23 PEET TO THE END OF SAID CURVE; THENCE SOUTH 34 "40'39" EAST 77.03 FEET; THENCE SOUTH 32'43'50" EAST 552.03 FEET; THENCE SOUTH 57'16'10" WEST 149.82 FEET TO THE AEGINNING OF A CURVE CONCAVE TO TUE'NORTH HAVING A RADIUS OF 180 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, SUBTENDING AN ANGLE OF 26 "59'25 ", A DISTANCE OF 84.79 FEET; THENCE NORTH 29'48'44" WEST 69.43 FEET TO A POINT IN THE ARC OF A 120 FOOT RADIUS CURVE. THAT IS CONCENTRIC WITH THE HEREINBEFORE DESCRIBED 180 FOOT RADIUS .CURVE; THENCE EASTERLY AND NORTHEASTERLY ALONG THE ARC' OF SAID CURVE, SUBTENDING AN ANGLE OF 40'38'24" A DISTANCE OF 85.12 FEET TO THE END OF SAID CURVE; THENCE NORTH 57'16'10" EAST TANGENT TO SAID CURVE 89.82 FEET; THENCE NORTH 32'43'50" WEST 491.01 PEET; THENCE NORTH 34'40'39" HEST 76.01 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 40 FEET AND A CENTRAL ANGLE OF 55'08'05 "; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 38.49 FEET TO THE. END OF SAID CURVE; THENCE NORTH 89'48'44" WEST, 244.19 FEET TO THE DECINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIOS OF 70 FEET AND A CENTRAL ANGLE OF 52'; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 63.53 FEET TO THE END OF SAID CURVE; THENCE SOUTH. 38011'1(" WEST 1.21.05 FEET TO A POINT IN THE ARC OF THE HEREINBEFORE DESCRIBED - 3224.60 FOOT RADIUS CURVE; TIIVNCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, SUBTENDING AN ANGLE OF. 01-04'12", A DISTANCE OF 60.22 FEET TO THE POINT OF BEGINNING. PARCEL COMMENCING AT THE POINT OF INTERSECTION OF THE EASTERLY RICHT'-OP -WAY LINE• OF MILITARY TRAIL (S.R. 809) AND TILE NORTHERLY RIGHT OF WAY LINE OF JOHNSON DAIRY ROAD; THENCE NORTH 0'17'36" EAST, ALONG SAID EASTERLY RIGHT OF HAY LINE A DISTA;;CZ OF 800.00 FEET; Tl=HC£' SOUTH 89'48'44'.' EAST, ALONG THE NORTH PROPERTY LINE, A DISTANCE OF 1431.97 FEET TO THE WEST RIGHT OF WAY LINE OF STATE ROAD 9 (I -95) AND THE POINT OF BEGINNING. THENCE SOUTH 37'05'26" EAST ALONG SAID WEST RIGHT OF WAY LINE OF STATE ROAD 9 (I -95) A DISTANCE OF 6.29 FEET; THENCE NORTH 09'48'44" WEST A DISTANCE OF 295.36 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 130.0 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 52 00'00 ", A DISTANCE OF 117.98 FEET; THENCE SOUTH 30'11'16" WEST A DISTANCE OF 20.90 FEET'; THENCE NORTII.25'17 ;09 ""HEST. A DISTANCE OF 78,35,,,,EET , TO SAID NORTH PROPERTY LINE; THENCE SOUTH 89'48'44" EAST, ALONG SAID NORTH PROPERTY LINE, A DISTANCE OF 440.00 FEET TO THE POINT OP CEGITINING. CONTAINING 0.049 ACRES, MORE OR LESS. Page 3 of 4 PARCEL I" COMMENCING AT THE POINT OF INTERSECTION OF THE EASTERLY RIGHT OF Y. LINE OF MILITARY TRAIL (S.R. 809) AND THE NORTHERLY RIGHT OF NAY j L NE OF JOHNSON DAIRY ROAD; THENCE NORTH 0 "•17'36" EAST, ALONG THE WESTERLY RIGHT OF WAY OF SAID'HILITARY TRAIL, A DISTANCE OF 000.00 FEET; .THENCE SOUTH 09-40'44" EAST, ALONG THE NORTH PROPERTY LINE, A DISTANCE OF 295.00 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 89'40444" EAST CONTINUING ALONG SAID NORTH PROPERTY LINE, A &ISTANCE OF .476.00 FEET; THENCE SOUTH 0 "11'16" WEST A DISTANCE OF 42.59 FEET TO A POINT ON A CURVE. CONCAVE ZOUTHIJESTERLY, HAVING A RADIUS OF 3224.60 FEET, WHOSE RADIUS BEARS SOUTH 28'52'01" WEST; THENCE,NORTIIWESTLRLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0'40'01 ", A DISTANCE OF 45.04 FEET TO THE •13EGINKING OF A COMPOUND CURVE. CONCAVE SOUTHERLY HAVING A RADIUS OF - 1.40.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27'52'44 ", A DISTANCE OF 68.12 FEET TO TILE POINT OF TAI(GENCY; :'_IENCE NORTH C9 "40'44" WEST A DISTANCE OF 370.80 FEET; THENCE NORTH 0 'i.'3G" EAST A DISTANCE OF 5.00 FEET TO THE POINT OF eL•C_NHINO. CONTAINING 0.007 ACRES, MORE OR LESS. JF PARCEL, N0 15 . FROM THE SOUTHWEST CORNER OF THE NORTH HALF OF THE NORTHEAST• QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, RUN NORTH 0'17'36 EAST ALONG THE WEST LINE OF'THE SAID NORTHEAST QUARTER OF SECTION 12 (TILE WEST LINE OF THE NORTHEAST QUARTER OF SAID, SECTIOU 12 IS ASSUMED TO DEAR NORTH 0'17'36" EAST AND ALL OTHER BEARINGS MENTIONED HEREIN ARE RELATIVE THERETO) A DISTANCE OF 450.0 FEET; THENCE SOUTH.89:48'44" EAST PARALLEL WITH THE SOUTH LINE OF SAID. NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 12 A DISTANCE OF 345.0 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE NORTH O'L7136" EAST 370.0 FEET; THENCE SOUTH 09'40'44" EAST 370.88 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY., HAVING A RADIUS OF 140.0 FEET AND A CENTRAL ANGLE OF 27'52'44 "; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 60.12 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE,CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 3224.60 FEET, THROUGH A CENTRAL ANGLE OF 4'42'01" A DISTANCE OF 264.53 FEET TO THE END OF SAID CURVE; THENCE SOUTH 30'11'16" WEST 60.27 FEET, MORE OR LESS, TO A POINT IN TIIE ARC OF A 3164.60 L•'OOT 14ADIUZ CURVE dONCENTRIC WITH AFORESAID 3224.60 FOOT RADIUS CURVE. A LINE RADIAL TO SAID CURVE PASSING THROUGH SAID POINT BEARS NORTH 32'39150" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 'AND TfIROUGII A CENTRAL ANGLE OF 4'35'50 - A DISTANCE OP '253.92 FEET TO A POINT OF COMPOUND-CURVATURE; THENCE NESTERLY*ALONG THE ARC OF AN 30 FOOT RADIUS CURVE THAT IS CONCENTRIC.WITH'AFORESAID 140 FOOT RADIUS CURVE AND THROUGH A CENTRAL ANGLE OF.27'52'44" A DI*ANCE OF 35.93 FEET TO TIIE END OF SAID CURVE; THENCE NdRTR 89'48'44" WEST 310.99 FEET; THENCE 'SOUTH 0'17'36" NEST 310.,0 FEET; THENCE NORTH 89'40'44" WEST 60.0 FEET, HORS OR LESS, TO THE POINT OF BEGINNINC.- ALSO LESS AND EXCEPTING3 A PARCEL OF LAND LYINB IN SECTION 12. TOWNSHIP'42 SGUTR: R GE 4Z. EAST. CITY OF PALM BEACH GARDENS. PALM BEACH COUNTY., FLORI A. AND DESIGNATED AS PARCEL 32 IN THAT AMENDED ORDER OF TAKING ENT tED IN PALM BEACH COUNTY .CIRCUIT COURT CASE NO. CL -99- 9138 -AE. REC ED. IN OFFICIAL RECORDS BOOK 6550. PAGE 1734. BEING MORE PART CULARLY DESCRIBED AS FOLLOWS3 COMMENCING AT THE NORTH QUARTER CORNER SAID SECTION 123 THENCE SOUTH 01'58'20" WEST (BEARINGS-ARE BASED ON %1N ASSUMED BEARING OF SOUTH 01.58'20" WEST ALONG THE NORTH /SOUTH QUARTER SECTION LINE OF SAID SECTION 12) ALONG THE NORTH /SOUTH'QUARTER SECTION LINE OF SAID SECTION 12. SAID NORTH /SOUTH QUARTER SECTION LINE ALSO BEING. THE CENTERLINE OF MILITARY TRAIL (S.R. 809). A DISTANCE OF' 802.55 FEET: THENCE SOUTH 88'06'02" EAST. A DISTANCE OF 50 ;00 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF SAID MILITARY.TRAIL AND THE POINT OF BEGINNING: THENCE CONTINUE SOUTH 88'06'02" EAST... A DISTANCE OF 3.00 FEET TO A POINT ON A LINE LYING 53.00 FEET EAST . OF (AS MEASURED AT RIGHT. ANGLES TO) AND PARALLEL WITH SAID "NORTH /SOUTH QUARTER SECTION LINE-OF SAID SECTION 121 THENCE SOUTH 011158'20" WEST ALONG SAID PARALLEL LINE. A DISTANCE OF 394.84 FEET TO THE POINT OF CURVATURE OF A CURVE. CONCAVE TO THE NORTHEAST. HAVING A RADIUS ;OF' 25.00 F£ET3 THENCE SOUTHERLY. SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL ANGLE OF 90'05'00 ".i A -DISTANCE • OF 39.31 FEET TO.THE NORTHERLY RIGHT -OF -WAY LINE OF JOHNSON ROAD AND THE POINT OF CUSP% THENCE NORTH 88'06'40" WEST ALONG SAID NORTHERLY RIGHT OF -WAY LINE. A DISTANCE OF. 28.04 FEET TO SAID EASTERLY RIGHT -OF -WA LINE OF MILITARY TRAILt THENCE NORTH 01.58'20" EAST ALONG SAI EASTERLY RIGHT OF WAY LINE. A DISTANCE OF 419.88 FEET TO THE POINT BEGINNING. • • WIMH I fl fl U B I fi Alfred J. Malefatto 561150 -7908 malefattoa®gdaw.com September 27, 2000 By Fax and U. S. Mail Ms. Roxanne Manning, AICP Growth Management Director City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: - Casino Apartments (Tanglewood Redevelopment) Dear Ms. Manning: We are in the process of preparing our response to staff comments on the plans that were submitted to your department in August. As you know, the continuation of the existing density as proposed by our client is a threshold issue and we request that this issue be presented City Council for a determination as soon as possible. This request is made pursuant to Policy 1.1.5.8 of the City's comprehensive plan, and as recommended by City Attorney Leonard Rubin. This request is consistent with and should be read in conjunction with our recent request to amend Policy 1.1.5.8 of the Comprehensive Plan. Additionally, we would like to discuss with the City Council the issue of PUD bifurcation. While we recognize that this is an issue important to the City staff, we do not believe it is fair to hold up the redevelopment of the property because of a neighboring property owner who has shown no interest in participating in the PUD amendment process. We would like to move ahead with our redevelopment plans as soon as possible and would like to come to some agree)gnt with the City on this issue. LtA cc: Hon. Mayor & City Council Members Mr. Adam Schlesinger Mr. Richard Schlesinger Leonard Rubin, Esq. Mr. Edward Tombari, AICP David M. Layman, Esq. John Gary, Esq. 1SPRINGTHORPEB V09701WI\6M710u.DOG19/11/00 c . y eV1l GREENBERG TRAURIG, P.A. 11/ rjf ` P.O. Box 20629 WEST PALM BEACH, FLORIDA 33416 -0629 l ~ 561 -650 -7900 FAX 561 -655 -6222 www.gtlaw.com 777 SOUTH FLAGLER DRIVE SUITE 300 EAST WEST PALM BEACH, FLORIDA 0 MIAMI NEW YORK WASHINGTON, D.C. ATLANTA PHILADELPHIA TYSONS CORNER CHICAGO BOSTON PHOENIX WILMINGTON LOS MER SAO PAULO FORT LAUDERDALE BOCA RATON WEST PALM BEACH ORLANDO TALLAHASSEE • • Oct -30 -2000 04:45pe From - Alrro0l &Iakfalru (561) 650.7904c m�letalr0nln -. corn +5616556222 Gfl�ENBEflG A T T u A A i t i A T I• W IflflflfllG October 30, 2000 By Fax and U. S. Mail Mr. Steven Cramer, AICP Acting Growth Management Director City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: Casino Apartments (Tanglewood PUD) Dear Steve: T -757 P.002/002 F -191 �o lt6 �Ly'�G 2s ticA_ �>Dy can 'O l Thank you for meeting last Thursday with Adam Schlesinger, Barbara Springthorpe and me to discuss the referenced project. As was discussed at that time, this will confirm that the City Council will review the comprehensive plan issues of density and intensity, as well as the bifurcation of the Tanglewood PUD into the residential and commercial areas, at its meeting of November 16, 2000. Please advise if you need any additional information from us prior to the City Council meeting. We look forward to working with you on this project. Please contact me if you have any questions or need any additional information. A!M/gw cc: Mr. Ronald Ferris Leonard Rubin, Esq. Mr. Adam Schlesinger Mr. Richard Schlesinger Barbara Springthorpe, AICP David M. Layman, Esq. John Gary, Esq. WtALUATTOM31468141\6QT501' t)OC110/3a00Q0821014200 Gxr.aNul:x%; TRAUalc. P.A. p G sox 20620 Wk<-r PALM RLACH. FLUAIDA 3341e -4J6w Sol- 6:0 -7VOU FAX S"1.6SS.e222 I.ar.p11��..eoW 717 SuuTH FLACLIa 0JL6VI SUITC 100 £AAT WcsT PAW B1.4ce. F1.-.AIDA 31401 (111AMI Ngw Yusr. W4•OI\GYI-K, U.C. ATLANTA Px114DELrn4. Trsoys COKten CI-LC%Cu 80%7V\ P.Lu►'*L♦ WILMIAGTUN Los A.cC set- rAL.L.I FvRT LAuarsuALL' BucA R.TO:c \VIII PALM BIACl/ OaL ♦ \DD TALLOMASSIX r • C • 5 , 1 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 16, 2000 Date Prepared'.: November 8, 2000 Subject/Agenda Item: Ordinance 22, 2000, updating City impact fee schedules for fire and emergency medical services (EMS), parks and recreation, and police protection Recommendation /Motion: Motion to approve Ordinance 22, 2000, to update city impact fees for fire /EMS, police and park facilities Reviewed by: Originating Dept.: Costs: $ N/A Council Action: Total City Attorn Planning Division [ ] Approved Finance f $ N/A ( ]Approved w1aanaiGaas Other Current FY [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other 1. Ordinance 22, 2000 2. Current impact fee schedules for Fire /EMS, Police and Park facilities 3. Impact Fee Update dated June 2000 from Duncan [ ] Not Required Associates Zrowth Sul ed by: Mgt. Director Affected parties ( ] Notified Budget Acct. #: [ ] None Approved by: City Mana , r _ [ ] Not required - / / 0 BACKGROUND: Section 50 (copy attached) in the City's land development regulations, as adopted by Ordinance 17, 2000, contains impact fee schedules for fire and emergency medical services, police protection, and parks and recreation facilities. These citywide impact fees apply to all new development, redevelopment, and building expansions. The impact fees for police and fire/EMS were adopted in 1993 and updated in 1997. The impact fees for parks were adopted in 1997. All the current impact fees were adopted by Ordinance 39, 1997, in September 1997. Impact fees are paid at the time of building permit issuance. City impact fees are in addition to the Palm Beach County impact fees that are collected for county facilities, such as county roads and county parks. The City has been collecting about $75,000 and $140,000 annually in impact fees for police and fire, respectively. The City has been collecting about $350,000 annually in park impact fees. Section 53 in the City's land development regulations requires the review of City impact fees to update costs, credits and generation rates. The consulting firm on Duncan Associates has been retained for this purpose. The attached report, entitled "Impact Fee Update" (June 2000), from Duncan Associates evaluates City impact fees and proposes updated fee schedules. These new fee schedules are contained in the attached Ordinance 22, 2000. This ordinance indicates that almost all the City impact fees for various land -use categories (e.g., residential, commercial, etc.) are to be increased. The proposed impact fee schedules are to become effective on the first day of the month following adoption. A representative from Duncan Associates is to attend the City Council meeting on September 7' to present the methodology report and findings, and to address any questions or comments. Duncan Associates is also preparing a citywide road impact fee for local roads in the City. The proposed road impact fee will be in addition to the countywide road impact fee for county and state roads. That study is being done separately, and is to be completed in the near future. RECOMMENDATION: Staff recommends adoption of Ordinance 22, 2000, establishing new citywide impact fee schedules for fire/EMS, police and park facilities. g: \sc \txt \ccimpactfess081800 0 2 0 BACKGROUND: Section 50 (copy attached) in the City's land development regulations, as adopted by Ordinance 17, 2000, contains impact fee schedules for fire and emergency medical services, police protection, and parks and recreation facilities. These citywide impact fees apply to all new development, redevelopment, and building expansions. The impact fees for police and fire/EMS were adopted in 1993 and updated in 1997. The impact fees for parks were adopted in 1997. All the current impact fees were adopted by Ordinance 39, 1997, in September 1997. Impact fees are paid at the time of building permit issuance. City impact fees are in addition to the Palm Beach County impact fees that are collected for county facilities, such as county roads and county parks. The City has been collecting about $75,000 and $140,000 annually in impact fees for police and fire, respectively. The City has been collecting about $350,000 annually in park impact fees. Section 53 in the City's land development regulations requires the review of City impact fees to update costs, credits and generation rates. The consulting firm on Duncan Associates has been retained for this purpose. The attached report, entitled "Impact Fee Update" (June 2000), from Duncan Associates evaluates City impact fees and proposes updated fee schedules. These new fee schedules are contained in the attached Ordinance 22, 2000. This ordinance indicates that almost all the City impact fees for various land -use categories (e.g., residential, commercial, etc.) are to be increased. The proposed impact fee schedules are to become effective on the first day of the month following adoption. A representative from Duncan Associates is to attend the City Council meeting on September 7" to present the methodology report and findings, and to address any questions or comments. Duncan Associates is also preparing a citywide road impact fee for local roads in the City. The proposed road impact fee will be in addition to the countywide road impact fee for county and state roads. That study is being done separately, and is to be completed in the near future. RECOMMENDATION: Staff recommends adoption of Ordinance 22, 2000, establishing new citywide impact fee schedules for fire/EMS, police and park facilities. g: \sc \txt \ccimpactfess081800 0 2 September 11, 2000 0 ORDINANCE 22, 2000 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE AMENDMENT OF DIVISION IV OF ARTICLE III OF THE CITY'S LAND DEVELOPMENT REGULATIONS, ENTITLED "CITYWIDE IMPACT FEES," TO UPDATE THE FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES, POLICE PROTECTION AND PARKS AND RECREATION IMPACT FEE SCHEDULES, AMEND THE INDEPENDENT CALCULATION FORMULAS, CLARIFY THE LIEN PROVISIONS, AND MAKE OTHER MINOR REVISIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Palm Beach Gardens Comprehensive Plan provides that land. development shall not be permitted unless adequate capital facilities exist or are assured; and WHEREAS, the Palm Beach Gardens Comprehensive Plan mandates that land development bear a proportionate share of the cost of the provision of the new or expanded capital facilities required by such development; and WHEREAS, the Florida Legislature, through the enactment of Section 163.3202, Florida Statutes, has encouraged local governments to collect impact fees as part of their land development regulations; and WHEREAS, the City Council of the City of Palm Beach Gardens has determined that, in order to maintain its current level of service standards, public safety, police protection, fire protection, emergency medical services (EMS), and parks and recreation facilities must be expanded to accommodate new development and redevelopment, and; WHEREAS, having reviewed the Impact Fee Update prepared by Duncan Associates, dated June 2000, the City Council has determined that it is necessary to update the impact fee schedules and make other minor revisions to its impact fee ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article III, Division IV in the City of Palm Beach Gardens Land Development Regulations, entitled "Citywide Impact Fees," as adopted by Ordinance 17, 2000, to read as follows, with underlining to indicate text to be added and strike - through to indicate text to be deleted: Ordinance 22, 2000 Page 1 • • Division IV. Citywide Impact Fees Sec. 49. Applicability. September 11, 2000 (a) Applicability. This division shall apply to the incorporated portions of the city. (b) Intent and purpose. This division shall implement the city's comprehensive plan. The purpose of this division is to ensure that new development bears a proportionate share of the cost of capital expenditures necessary to provide public safety, police, and fire /emergency medical service protection services in the city as established by the comprehensive plan. (c) Rules of construction. The provisions of this division shall be liberally construed so as to effectively carry out its purpose in the interest of public health, safety and welfare. For purposes of administration and enforcement of this division, unless otherwise stated in this division, the rules of construction listed below shall apply to the text of this division. (1) If there is any difference of meaning or implication between the text of this division and any caption, illustration, summary table, or illustrative table, the text shall control. (2) The term "shall" is always mandatory and not discretionary; the term "may" is permissive. (3) Words used in the present tense shall include the future, and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. (4) The phrase "used for" includes "arranged for," "designed for," "maintained for," or "occupied for." (5) The term "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. (6) Unless the context clearly indicates the contrary, where a regulation involves two -or more items, conditions, provisions, or events connected by the conjunction If "or," or "either ... or," the conjunction shall be interpreted as follows: a. "and" indicates that all the connected items, conditions, provisions or events shall apply; Ordinance 22, 2000 Page 2 September 11, 2000 b. "or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination; and C. "either ... or" indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination. (7) The term "includes" shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character. (8) Unless the context clearly indicates to the contrary, the terms "public safety," "police protection," "fire protection," "emergency medical services (EMS)," and "parks and recreation" shall have the same meanings given those terms in the city's comprehensive plan. (9) The land use types listed in section 50 shall have the same meaning as in article IV pertaining to zoning. (d) Imposition of fees. (1) Fees required. Any person who, after September 23, 1993, seeks to develop land by applying for the issuance of a building permit for one of the land use types specified in section 50, shall be required to pay an impact fee for the following services: police protection, fire protection/EMS, and parks and recreation in the manner and amount set forth in this division. (2) Building permits. A building permit shall not be issued until all applicable impact fees required have been paid. The amount of the impact fees shall be as set forth in the schedules provided herein or as otherwise established pursuant to a city- approved independent calculation. The feepayer shall have the option of using the fee schedule or the independent calculation method. (3) Existing uses. When change of use, redevelopment, or modification of an existing use requires the issuance of a building permit, the impact fees shall be based upon the net increase in the impact fee for the new use as compared to the previous use. Sec. 50. Fees. Amount. The amount of the impact fees shall be determined by the schedules contained herein, unless established by an independent calculation pursuant to section 51 . Ordinance 22, 2000 Page 3 • U.� • September 11, 2000 P-'otoc. eon and EMS Cos. Sctioaute Ordinance 22, 2000 Page 4 n ,.. 1 ,...,, ,..t Marms Nct XT-4- 7 ti4 Q[[Q IA per ., LandTT..,, T.,.a♦. TT..;t t TT.,;t A I- -- TT-4- a... �. a t,. a. ...a ..a. 1.17 17-1., n✓ctache Dwelling n 3 Q7 Z7'7 IA Q2 A5.36 iaa�,. mJ w Wa.,✓ ♦ •✓ , W✓ .✓ Mu! AQ Qoj< 4n Q A4. G1 wawaauaJ .Vaaaub •V ✓✓ W+.,✓ r r .✓ , W a.✓o. ov �-Aeh-ile Home Dwelling n nn7 Q- ^ Ac' 77 Z 1 Q nn e I. . w-'- W ao o UAW 454ete1 P nan Q'7: '" Z A 0')A).)7 RPo+.,:1 Jr .„,„,o« 1' e t' ooY 2.18 ♦ ♦ ✓ , W+.a a.. voaaaaa. Va Vaua 1,000 eaw, Feet M63 57 7 ennn 11 RV awau voaauaava Vawa w«e 1.82 •ZA , Q17� ZA +��y 1 nnn c l:oo* Feet n 1 nn Qom: c77 ZA QZ71 1 n aim a a awa i, a.., a,al : w.� a . . ar,✓ ♦ ✓ . W✓ ♦ + . . 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Va Vaua a,vov ✓alwwa. . vv• io•oi W ✓a+•a..L 1 nnn c,,,, , «o Fcct 1.82 To- Qg Q17� ZA aa.a.a., aa. ✓wawwa,a.wa a,.,.,., i,a1waw., + a,a.a W /a/ a ♦ ✓.✓ T.,,t,,..+ «;.,1 /�1;7, «01...,, 1 nnn c ,,., «� > o�+ Feet n nZ Qo4 Qo 9M! auw ✓uawa. ,.a »Vaao w ✓V .,VVV va�wa..e .93 W'- Ordinance 22, 2000 Page 4 Nct a,..a single Family Detar. 7 ti4 Q[[Q IA Q1 A 0 ZC g QCSQ 'IA Q1 inC G1_ ,. ✓. ✓+ 1.7Q W[G4 IA Q n02 4G 1.17 Wcc4 ,A Q Q2n 7,< a�� 1 nn vi Q[[4 '2A W ✓ ✓V.✓ . Q A�n4 C() W nQ ✓o Ordinance 22, 2000 Page 4 • r] • September 11, 2000 SCHEDULE 1 FIRE PROTECTION AND EMS COST SCHEDULE Land Use Development Calls/ Net Costl Net Cost/ Unit Unit Call Unit Single - Family Detached* Dwelling 0.126 $3,078.50 $388 Single- Family Attached Dwelling 0.055 $3,078.50 $169 Multifamily ** Dwelling 0.055 $3,078.50 $169 Mobile Home/RV Park Pad Site 0.028 $3,078.50 $86 Hotel/Motel Room 0.088 $3,078.50 $271 Retail/Commercial 1,000 sq. ft. 0.137 $3,078.50 $422 Office/Institutional 1,000 sq. ft. 0.199 $3,078.50 $613 Industrial/Warehouse 1,000 sq. ft. 0.077 $3,078.50 $237 SCHEDULE 2 POLICE PROTECTION COST SCHEDULE Land Use Development Functional Net Cost/ Net Costl Unit Pop.lUnit Func. Pop. Unit Single- Family Detached* Dwelling 1.46 $118.16 $173 Single - Family Attached Dwelling 1.08 $118.16 $128 Multifamily ** Dwelling 0.97 $118.16 $115 Mobile Home/RV Park Pad Site 0.80 $118.16 $95 Hotel/Motel Room 2.21 $118.16 $261 Retail/Commercial 1,000 sq. ft. 3.25 $118.16 $384 Office/Institutional 1,000 sq. ft, 1.96 $118.16 $232 Industrial/Warehouse 1,000 sq. ft. 1.16 $118.16 $137 SCHEDULE 3 PARKS AND RECREATION COST SCHEDULE Housing Type Development Peak Net Cost/ Net Costl Unit Population) Person Unit Unit Single- Family Detached* Dwelling 2.91 $689.27 $2,006 Single- Family Attached Dwelling 2.15 $689.27 $1,482 Multifamily ** Dwelling 1.94 $689.27 $1,337 Mobile Home/RV Park Pad Site 1.60 $689.27 $1,103 Hotel/Motel Room 1.40 $689.27 $965 * includes mobile home on separate platted lot outside of mobile home park ** includes apartment, duplex, or residential condominium, excluding townhouses (single - family attached) Ordinance 22, 2000 Page 5 El • • September 11, 2000 Sec. 51. Independent calculations. (a) Method of independent calculations. The feepayer has the option of submitting evidence to the growth management director indicating the impact fees as established in the schedules set forth in section 50 are not appropriate for the particular development or that the feepayer or developer is entitled to additional credit. The growth management director shall adjust the impact fee if substantial evidence is submitted that clearly demonstrates an adjustment is necessary under the methodology upon which the impact fee is based. The burden shall be upon the feepayer to provide ail relevant data, analyses, and reports which would assist the growth management director in making a determination. The analysis and report must be based on generally accepted practices and methodologies and the formulas set forth in this section. (b) Independent calculation formulas. Any independent calculation shall use the formulas listed below. (1) Police protection. a. Cost per unit = Seniee -salt Functional population per unit x Cost per cn'.l Functional population. b. Credit per unit = Cost per unit x 0.03 E5 0.029 plus functional population per unit x debt service credit per functional population. C. Net cost per unit = Cost per unit - Credit per unit. (2) Fire protection. a. Cost per unit = Fire /EMS calls alar^s per unit x Cost per alarm fire/EMS call. b. Credit per unit = Cost per unit x 0.03 uc 0.029 plus fire/EMS calls per unit x debt service credit per fire/EMS call. C. Net cost per unit = Cost per unit - Credit per unit. (3) Parks and recreation facilities. a. Cost per unit = Peak population per unit x Cost per Person b. Credit per unit = Cost per unit x 0.0345 0.029 plus debt service credit per person plus grant credit per person. C. Net cost per unit = cost per unit - credit per unit. Sec. 52. In -kind contributions. Ordinance 22, 2000 Page 6 September 11, 2000 (a) Independent calculations. Independent calculations for credits for in -kind contributions made after the effective date of the ordinance from which this division derives shall be submitted to and approved by the growth management director prior to effecting the contribution. (b) Decision. The growth management director's action in adjusting or refusing to adjust the impact fee pursuant to an independent calculation shall be in writing and must be transmitted by certified mail to the feepayer. (c) Covenant for reduced impact. The growth management director shall require that a covenant running with the land be executed and recorded on the subject property where the following factors apply: (1) the independent calculation is based on a use of land having a lesser impact than that upon which the schedule is based, as applicable; (2) the property could be put to a use having a greater impact than that proposed with such greater use not requiring future approval by the city; or (3) for such other reasons necessary to ensure compliance with this division. The covenant for reduced impact shall indicate the name and address of the person or entity who holds the fee simple interest in the land, and the name and address of the mortgagee, as appropriate. The covenant shall recite the applicability of this division, and the facts and reasons underlying its execution. It shall set forth the restrictions on the property, the terms and conditions under which it may be released, and shall be enforceable by the city. The covenant shall be reviewed and approved by the city attorney prior to execution and recordation. The covenant shall not be amended without prior approval of the city attorney. Sec. 53. Review. (a) Biennial update. Under this division, the schedule of each impact fee shall be reviewed at least once every two years to update costs, credits and generation rates. Where the review warrants changed impact fees, this division shall be amended. (b) Level of service analysis. The review shall include an analysis of the level of service for each impact fee. If the average level of service is not consistent with the level of service upon which the respective impact fee amount is based, the amount shall be adjusted based upon the then - existing average level of service. Where the city desires to charge impact fees for a level of service higher than the existing level of service, non - impact fee trust funds will be used to offset existing deficiencies. The city shall fund such deficiencies in Ordinance 22, 2000 Page 7 September 11, 2000 a reasonable amount of time, but no later that five years from imposition of such fees. See. 54. Trust funds. (a) Trust funds established. There are established three impact fee trust funds, one for police protection, one for fire protection and EMS, and one for parks and recreation facilities. (1) Police protection trust fund. The police protection impact fees shall be deposited in the police protection impact fee trust fund. (2) Fire and EMS trust fund. The fire protection and EMS impact fees shall be deposited in the fire protection impact fee trust fund. (3) Parks and recreation facilities trust fund. The parks and recreation facilities impact fees shall be deposited in the parks and recreation facilities impact fee trust fund. (b) Investment, use and budgeting. (1) Investment. The trust funds shall be invested by the city in interest - bearing sources, and all income derived shall accrue to the applicable trust fund. (2) Use. The funds shall be used only for capital improvement costs for which the impact fee was levied and which would add capacity needed to serve new development. (3) Budgeting. The city manager shall identify in the city's annual budget those new capital improvements for which the police protection, fire protection, and parks and recreation facilities impact fees will be spent. The funds shall remain restricted to their respective trust funds and the requirements of this division, and the city manager shall ensure that the funds are expended and accounted for in accordance with this division. (4) Audit. The city manager shall maintain such records and documentation necessary to allow the effective audit of the use of the police protection, fire protection/EMS, and parks and recreation facilities impact fees. Sec. 55. Collection and administrative fees. (a) Time of payment. The feepayer shall pay the police protection, fire protection/EMS, and parks and recreation facilities impact fees to the city prior to the issuance of a building Ordinance 22, 2000 Page 8 • September 11, 2000 permit which may be required for development listed in the schedules in section 50. A building permit shall not be issued for any development, unless exempt from such fees as provided herein, until such fees have been paid or until the city has accepted title to land area meeting the standards set out in this section. For land uses not requiring a building permit, the authorization to develop shall not be granted until the impact fees have been paid. (b) Alternative payment. In lieu of all or part of the impact fees, the city council may accept an offer by a feepayer to dedicate land or construct all or part of a police protection, fire protection/EMS, or parks and recreation facilities project. Such construction must be in accordance with state, county, or city design standards, whichever is applicable. (1) Project construction. The feepayer shall submit a project description in sufficient detail to allow the city to prepare an engineering and construction cost estimate. (2) Land value. The manner of establishing fair market value of land to be dedicated shall be determined by the city council. Costs to determine the land value, such as an appraisal, shall be paid by the feepayer. (c) Acceptance. If the city council accepts alternative payment, the city manager shall credit the cost of this construction against the police protection, fire protection/EMS, or parks and recreation facilities impact fees otherwise due. The portion of the fee represented by facilities construction shall be deemed paid as follows: (1) when the construction is completed and accepted by the city; or (2) when the feepayer posts security, as provided herein, for the costs of such construction; or (3) when the city has accepted title to land dedicated by the feepayer as full or partial credit for a required impact fee payment. Land dedicated to the city shall be conveyed free of any liens, and the costs of conveyance shall be paid by the feepayer. Title insurance in favor of the city or an attorney's opinion of title shall be provided in a manner acceptable to the city attorney. (d) Surety or security. Security shall be posted with the city council, made payable to the city in an amount approved by the city manager equal to 110 percent of the full cost of such construction. If the construction project will not be constructed within one year of the acceptance of the offer by the city council, the amount of the security shall be increased by ten percent compounded, for each year of the life of the security. The type and form of the security shall be reviewed and approved by the city manager's office prior to acceptance of the security by city council. Ordinance 22, 2000 Page 9 • September 11, 2000 (e) Deposit of funds. All funds collected pursuant to this division shall be promptly transferred for deposit into the appropriate trust fund to be held in separate accounts as determined in section 54. Impact fee collections shall be used exclusively for land acquisition, capital improvements, or expansion related to the public purpose for which such fees were collected, with the exception of impact fee administrative costs pursuant to paragraph (f) below. Funds shall be expended in the order in which they are collected. (1) Administrative fee. The city shall be entitled to retain up to four percent of the impact fees it collects as an administrative fee to offset the costs of administering this division. If impact fee funds which were paid by check, draft, or other negotiable instrument, do not clear, the building permit or development order authorizing the development for which the impact fees were paid shall be suspended. The city shall send to the feepayer by certified mail notice of the suspension of a development order. If the impact fees, together with any charges for the funds not clearing, are not paid within ten business days following mailing of the notice, the building permit or development order shall be of no further force and effect for purposes of this division and a stop work order shall be issued. The stop work order shall not lifted until such time as the impact fees are paid. Sec. 56. Refund. (a) Expiration of building permit. If a building permit expires and no construction has been commenced, the feepayer shall be entitled to a refund of the impact fees paid as a condition for its issuance, less the four percent of the fee retained as an administrative fee by the city. The feepayer shall be entitled to a refund equal to 96 percent of the impact fee paid. No interest will be paid to the feepayer on refunds due to noncommencement. Refunds resulting from the city's miscalculation of impact fees shall not be charged the administrative fees on the amount refunded. (b) Change in status. No refunds shall be given for a change in land use or structure after occupancy has occurred. (c) Return of fees. Any funds not expended or encumbered by the end of the calendar quarter immediately following six years from the date the impact fee was paid shall, upon application of the feepayer within 180 days of that date, be returned to the feepayer with interest at the rate of six percent per annum. Sec. 57. Exemptions and credits. (a) Exemptions. Exemptions from payment of impact fees are established below. (1) No additional demand. Alteration or expansion of an existing building or use of Ordinance 22, 2000 Page 10 September 11, 2000 land where no additional living units are created, where the use is not changed, and where no additional demand for police or fire protection services will be produced over and above that produced by the existing use. (2) No additional living or dwelling units. The construction of accessory buildings or structures which will not produce additional living units over and above those located in the principal building or use of the land. (3) Replacement. The replacement of a building, mobile home, or structure that was in place on the effective date of the ordinance from which this division derives or the replacement of a building, mobile home or structure that was - constructed subsequent thereto and for which the correct impact fee had been paid or otherwise provided for, with a new building, mobile home, or structure of the same use, provided that no additional impact will be produced over and above that produced by the original use of the land. (4) Public facilities. The construction of publicly -owned governmental buildings or facilities. (5) Abandonments. A use of a structure or land which has been abandoned for a period of more than five years shall not be considered an existing or ongoing use for purposes of exemptions or credits. Any previous payment of impact fees under this division shall be credited against the appropriate impact fees owed as a result of the change. The burden of demonstrating the existence of a use or structure or previous payment of impact fees shall be upon the feepayer. When a use is existing, any additional fees shall be based upon the alteration to the existing use or structure. (b) Credit. (1) Improvements. a. All improvements to and/or land dedications for police protection, fire protection and EMS, or parks and recreation facilities required under city development approval shall be credited against impact fees up to the total of the impact fees due. A feepayer proposing credit for land dedication shall present property appraisals prepared by qualified professionals and a certified copy of the most recent assessment of the property for tax purposes to be used in determining the amount of the credit. However, the city retains the right to determine the amount to be credited by preparing engineering and construction cost estimates and/or property appraisals for those improvements and/or land dedications. Ordinance 22, 2000 Page 1 ] • • • September 11, 2000 b. Feepayers claiming credits for construction and/or land dedication shall submit documentation sufficient to permit the growth management director to determine whether such credits are due and, if so, the amount of such credits. (2) Alteration, expansion or replacement. Where alteration, expansion or replacement of a building or unit, or a change in land use existing on September 23, 1993, or presently existing which involves an increase in the number of units or square footage or a change in use resulting in new impacts on police, fire and EMS, or parks and-recreation capital facilities for which the impact fee is assessed, credit shall be allowed as provided herein. Credit shall be given for the number of existing units or square feet based upon the existing or previous land use, and impact fees shall only be assessed on the increased level of impact resulting from such alteration, expansion, or replacement. (3) Residential buildings. For an addition to an existing residential building in which additional living units are created, the feepayer shall provide to the city manager a certification of an architect setting forth the square footage of the existing building. For an addition to an existing residential building, the feepayer, at his sole option, may pay the impact fee for the addition as if it alone was a new building rather than provide the certification of an architect setting forth the square footage of the existing building. (c) Failure to claim. Exemptions or credits must be claimed by the feepayer at the time of the application for a building permit. Any exemptions or credits not so claimed shall be deemed waived by the feepayer. Sec. 58. Appeals. Any decision made by the city manager or designee in the course of administering this division, may be appealed in accordance with those procedures set forth in this division for appeals of administrative decisions. Sec. 59. Liens and withholding of permits for nonpayment. (a) Liens. If through error, omission, or intent the impact fees imposed under this division are not paid in full, the amount unpaid, together with statutory interest accruing from 30 days following the date written notice by certified mail return receipt requested is sent to the then - present owner, shall constitute a lien against the property for which the impact fees are due. Notice of the lien shall be recorded in the official records of the clerk of the circuit court in and for Palm Beach County. The lien shall have priority over all liens, Ordinance 22, 2000 Page 12 September 11, 2000 mortgages, and encumbrances, except taxes. If the notice of lien is not recorded within three years following the date the building permit is issued for the development for which the impact fees are owed, the lien shall be of no force and effect, although th-- i-m -Pact freS are owed, although the impact fee debt shall remain. If the lien remains unpaid for more than 30 days following the recording of the notice, it may be foreclosed in the manner provided by state law for the foreclosure of mortgages on real property. (b) Building permits. If impact fees remain unpaid, no further building permits of any type shall be issued on the property for which the impact fees remain unpaid. Building permits, certificates of occupancy, or occupancy permits may be issued only upon full payment of any previously owed impact fees, together with any interest owing, and current impact fees, if any. Sec. 60. Violations and relief. It shall be unlawful to violate this division, and any violation shall be punishable according to law. However, in addition to or in lieu of any criminal prosecution, the city or any feepayer shall have the power to sue for relief in civil court to enforce the provisions of this division. Knowingly furnishing false information to the growth management director or other city official for any matter relating to the administration of this division shall constitute a violation thereof. 10 SECTION 2. The provisions of this ordinance shall become and be made a part of the code of laws and ordinances of the City of Palm Beach Gardens, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," article" or any other appropriate word. SECTION 3. If any section, paragraph, sentence, clause, phrase or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this ordinance. SECTION 4. All ordinances or parts of ordinances previously adopted that are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 5. This ordinance shall be effective on the first day of the month following the date of adoption. Ordinance 22, 2000 Page 13 • September 11, 2000 PLACED ON FIRST READING THIS DAY OF 2000. PLACED ON SECOND READING THIS DAY OF 2000. PASSED AND ADOPTED THIS DAY OF 2000. JOSEPH R. RUSSO, MAYOR DAVID CLARK, COUNCILMEMBER ERIC JABLIN, VICE MAYOR ATTEST: CAROL GOLD, CITY CLERK VOTE: MAYRO RUSSO VICE MAYRO JABLIN COUNCILMEMBER CLARK COUNCILMEMBER FURTADO COUNDILMEMBER SABATELLO LAUREN FURTADO, COUNCILMEMBER CARL SABATELLO, COUNCILMEMBER APPROVED AS TO FORM AND LEGAL SUFFICIENCY LEONARD G. RUBIN, CITY ATTORNEY AYE NAY ABSENT G ASC \ORDUMPACTFEES082100 Ordinance 22, 2000 Page 14 i I CIt I�G tit T f"�G S PIan. (9) The land use types listed in section 50 shall have the same meaning as in article IV pertaining to zoning. (d) Imposition of fees. (1) Fees required. Any person who, after September 23, 1993, seeks to develop land by applying for the issuance of a building permit for one of the land use types specified in section 50, shall be required to pay an impact fee for the following services; police protection, fire protection/EMS, and parks and recreation in the manner and amount set forth in this chapter. (2) Building permits. A building permit shall not be issued until all applicable impact fees required have been paid. The amount of the impact fees shall be as set forth in the schedules provided herein or as otherwise established pursuant to a city- approved independent calculation. The feepayer shall have the option of using the fee schedule or the independent calculation method. (3) Existing uses. When change of use, redevelopment, or modification of an existing use requires the issuance of a building permit, the impact fees shall be based upon the net increase in the impact fee for the new use as compared to the previous use. Sec. 50. Fees. Amount. The amount of the impact fees shall be determined by the schedules contained herein, unless established by an independent calculation pursuant to section5 I . Schedule I. Fire Protection and EMS Cost Schedule Land Use Type Development Unit Alarms per Unit Net Cost per Alarm Net Cost per Unit Single Family - Detached Dwelling 0.134 $2,577.34 $345.36 Multifamily Dwelling 0.053 $2,577.34 $136.60 Mobile Home Dwelling 0.007 $2,577.34 $ 18.04 Hotel/Motel Room 0.094 $2,577.34 $242.27 City of Palm Beach Gardens land Development Regulations Adopted July 20, 2000 68 • • Schedule 2. Police Protection Cost Schedule Land Use Type Development Alarms per Net Cost per Net Cost per Land Use Type Unit Unit Alarm Unit Retail/ 1,000 Square 0.48 $96.89 $ 46.51 Commercial Feet 0.163 $2,577.34 $420.11 Office/ 1,000 Square 1.12 $96.89 $108.52 Institutional Feet 0.144 $2,577.34 $371.14 Industrial/ 1,000 Square 1.82 $2,577.34 $ 95.36 Warehouse Feet 0.037 $96.89 $ 90.11 Schedule 2. Police Protection Cost Schedule Land Use Type Development Unit Calls per Unit Net Cost per Call Net Cost per Unit Single Family - Detached Dwelling 1.40 $96.89 $135.65 Multifamily Dwelling 0.48 $96.89 $ 46.51 Mobile Home Dwelling 0.54 $96.89 $ 52.32 Hotel/Motel Room 1.12 $96.89 $108.52 Retail/ Commercial 1,000 Square Feet 2.18 $96.89 $211.22 Office/ Institutional 1,000 Square Feet 1.82 $96.89 $176.34 Industrial/ Warehouse 1,000 Square Feet 0.93 $96.89 $ 90.11 City of Palm Beach Gardens/Land Development Regulations Adopted July 20, 2000 69 J � Schedule 3. Parks and Recreation Facility Cost Schedule Land Use Type Peak Population per Unit Net Cost per Peak Resident Net Cost per Dwelling Unit Single Family - Detached 2.68 $558.34 $1,496.35 Single Family - Attached 1.98 $558.34 $1,105.51 Multifamily 1.78 $558.34 $ 993.85 Mobile Home 1.47 $558.34 $ 820.76 Hotel/Motel 1.09 $558.34 $ 608.59 Sec. 5 I. Independent calculations. (a) Method of independent calculations. The feepayer has the option of submitting evidence to the growth management director indicating the impact fees as established in the schedules set forth in section 50 are not appropriate for the particular development or that the feepayer or developer is entitled to additional credit. The growth management director shall adjust the impact fee if substantial evidence is submitted that clearly demonstrates an adjustment is necessary under the methodology upon which the impact fee is based. The burden shall be upon the feepayer to provide all relevant data, analyses, and reports which would assist the growth management director in making a determination. The analysis and report must be based on generally accepted practices and methodologies and the formulas set forth in this division. (b) Independent calculation formulas. Any independent calculation shall use the formulas listed below. (1) Police protection. a. Cost per unit = Service call per unit x Cost per call. b. Credit = Cost per unit x 0.0385. C. Net cost = Cost per unit - Credit. (2) Fire protection. a. Cost per unit = Fire /emergency alarms per unit x Cost per alarm. City of Palm Beach Gardens/Land Development Regulations Adopted July 20, 2000 70 • • IMPACT FEE UPDATE prepared for PALM BEACH GARDENS, FLORIDA prepared by I duncaniassociates September 2000 i 0 Contents • • INTRODUCTION................... ............................... 1 Legal Framework .............. ............................... 1 Benefit Districts ............... ............................... 3 Summaryof Finclino ........... ............................... 4 PARKS............................. ............................... 5 ServiceUnit ................... ............................... 5 Costper Service Unit ........... ............................... 6 Revenue Credits ............... ............................... 9 Maximum Fee Schedule ........ ............................... 11 POLICE........................... ............................... 13 Service Unit .................. ............................... 13 Cost per Service Unit .......... ............................... 13 Revenue Credits .............. ............................... 15 Maximum Fee Schedule ........ ............................... 16 FIRE /EMS ......................... ............................... 18 Service Unit .................. ............................... 18 Costper Service Unit .......... ............................... 20 Revenue Credits .............. ............................... 21 Maximum Fee Schedule ........ ............................... 23 APPENDIX A DEMOGRAPHIC DATA .............................. 24 APPENDIX B: FUNCITONAL POPULATION ........................ 25 APPENDIX C TAX CREDITS ........ ............................... 28 Palm Beach GardensVMPACTFEEUPDATE September 7, 2000, PM • • C� List of Tables Table 1: POPULATION GROWTHS 1990 -2015 ..... ............................... 1 Table 2: IMPACT FEE SUMMARY ............... ............................... 4 Table 3: PEAK POPULATION ESTIMATES, 2000 ...... ........................ 6 Table 4: EXISTING PARK FACILITIES .. ...... ............................... 6 Table 5: PARK REPLACEMENT OOSTS .................. ........ 8 Table 6: PARK COST PER PERSON .............. ............................... 9 Table 7: PARK DEBT SERVICE CREDIT ........ ............................... 10 Table 8: PARK GRANT CREDIT ............................................... 10 Table 9: PARK NET COST PER PERSON ........ ............................... 11 Table 10: PARK MAXIMUM FEE SCHEDULE ..... ............................... 11 Table 11: COMPARATIVE PARK IMPACT FEES .. ............................... 12 Table 12: POLICE BUILDING ODST ............. ............................... 13 Table 13: POLICE VEHI(? F COST .............. ............................... 14 Table 14: POLICE COST PER SERVICE UNIT ..... ............................... 14 Table 15: POLICE DEBT SERVICE CREDIT ...... ............................... 15 Table 16: 'POLICE NET COST PER SERVICE UNIT ............................... 16 Table 17: POLICE MAXIMUM FEE SCHEDULE ... ............................... 16 Table 18: COMPARATIVE POLICE IMPACT FEES ............................... 17 Table 19: FIRE /EMS ANNUAL CAT IS FOR SERVICE ...................... 18 Table 20: FIRE STATION REPLACEMENT COST . ............................... 20 Table 21: FIRE /EMS VEHI(?:F COST ............ ............................... 20 Table 22: FIRE /EMS COST PER SERVICE UNIT .. ............................... 21 Table 23: FIRE /EMS DEBT SERVICE CREDIT . ................... ......... 22 Table 24: FIRE /EMS NET COST PER SERVICE UNIT ............................ 22 Table 25: FIRE /EMS MAXIMUM FEE SCHEDULE ............................... 23 Table 26: OOMPARATIVE FIRE /EMS IMPACT FEES ............................. 23 Table 27: AVERAGE HOUSEHOLD SIZE, 1990 ... ............................... 24 Table 28: DWELLING UNITS BY TYPE, 2000 ..... ............................... 24 Table 29: RESIDENTIAL FUNCTIONAL POPULATIONMULTIPLIERS ............ 25 Table 30: NONRESIDENTIAL FUNCTIONAL POPULATION MULTI-PT MRS ....... 26 Table 31: TOTAL FUNCTIONAL POPULATION, 2000 ............................ 27 Table 32: GENERAL FUND REVENUES ......................................... 28 Table 33: PROPERTY TAXES FROM VACANT LAND ............................ 28 Table 34: VACANT LAND TAX CREDIT ......... ............................... 29 Table 35: OUTSTANDING DEBT BY FACILITY TYPE ............................ 29 Table 36: DEBT SERVICE SCHEDULE ........... ............................... 30 List of Figures Figure 1: LOCATION MAP ....................... ............................... 1 Figure 2: URBAN GROWTHBOU11MARY ......... ............................... 3 Figure 3:' LOCATION OF EXISTING QTY PARKS . ............................... 7 Figure 4: FIRE STATION LOCATIONS ........... ............................... 19 Figure 5: FUNCTIONAL POPULATION FORMULA .............................. 26 Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, P I= 0 INTRODUCTION The purpose of this study is to update the City of Palm Beach Garden's fire/EMS, police and park impact fees. The fire/EMS and police impact fees were originally adopted in 1993 and were updated in 1997. At the time of the 1997 update, the City also adopted a new park impact fee. The current impact fee schedules are based on the consultant study prepared in 1997. The purpose of the current study is to update all three impact fees. Palm Beach Gardens is a growing municipality located in northern Palm Beach County in southeastern Florida. Between 1970 and 1996, the city's population and land area both increased more than five -fold. Today, the City covers over 34,000 acres, the majority of which is undeveloped.' Figure 1 LOCATION MAP The city has historically grown faster than Palm Beach County as a whole, and this trend is expected to continue. In the last ten years, the city's share of county population increased from 2.7 to 3.8 percent, and is expected to be 52 percent fifteen years from now. During the peak tourist season, the city's population is estimated to be 20 percent higher than the permanent, year -round population. Permanent population projections for the county and permanent and peak population projections for the city are shown in Table 1. Table 1 POPULATION GROWTH, 1990 -2015 Jurisdiction 1990 1995 2000 2005 2010 2015 Permanent County Population 863,518 997,889 1,067,900 1,170,300 1,271,100 1,373,800 Permanent City Population 22,965 31,011 40,369 50,944 61,519 72,094 City Share of County Population 2.7% 3.1% 3.8% 4:4% 4.8% 5.2% Source: City of Palm Beach Gardens, Comprehensive Plan Support Documents, Future Land Use Support Document, June 1999, page 1 -2. Legal Framework Impact fees are charges that are assessed on new development to help pay for the capital facility costs they impose on the community. Unlike other types of developer exactions, impact fees are based on a standard formula and a pre- detern fined fee schedule. Essentially, impact fees require that each new residential or commercial project pay its pro-rata share of the cost of new facilities required to serve that development Since impact fees were pioneered in states like Florida that lacked specific enabling legislation, such fees have generally been legally defended as an exercise of local government's broad "police power" to protect the 'Duncan Associates, Fire /EMS, Police and Park Impact Fee Study, City of Palm Beach Gardens, Florida, May.1997. 'City of Palm Beach Gardens, Comprehensive Plan Support Documents, Future Land Use Support Document, June 1999, page 1 -1. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Page® INTRODUCTION health, safety and welfare of the community. The courts have gradually developed guidelines for constitutionally valid impact fees, based on a "rational nexus" that must exist between the regulatory fee or exaction and the development activitythat is being regulated.' The standards set by court cases generally require that an impact fee meet a three -part test: 1) The need for new facilities must be created by new development; 2) The amount of fee charged must not exceed a proportional fair share of the cost to serve new development; and 3) All fee revenues must be spent within a reasonable period of time and benefit the fee - paying development. These principles have some important corollaries, which maybe broadly categorized under the headings of "proportionality," "credits" and "benefit." Tile proportionality rules require that the fees cover onlythose costs that can be attributed to new development. In addition, applicants must have the option of attempting to demonstrate that their development will have less impact on the need for public facilities than is indicated by the fee schedule. The credit rules are designed to ensure that new development is not overcharged. These rules address both revenue credits, which are calculated up -front in the preparation of the fee schedule, and construction credits, which are determined on a case -b ),case basis prior to fee payment. Revenue credits reduce the impact fee schedules to account for any other revenues that will be generated by new development and used to retire 0 debt for existing facilities or to construct new facilities. Construction credits are used to offset an individual development's impact fees by the value of required land dedications or other developer improvements or contributions for the same types of facilities. Finally, the benefit rules require that the fee revenues be spent within a reasonable period of time and within a reasonable proximityto the fee - paying development. The Florida courts have ruled that earmarking of funds for expenditure in the area in which they were collected is generally sufficient to establish reasonable benefit. While impact fees in Florida are primarilygovemed by case law, there are some statutory provisions that do apply. Section 23526(1)(a), Florida Statutes, provides that public schools are exempt from impact fees: ... all public educational and ancillaryplants constructed by a district school board or a community college district board of trustees shall conform to the State Uniform Building Code for Public Educational Facilities Construction, and such plants are exempt from all other state, county, district, municipal, or local building codes, interpretations, building permits, and assessments of fees for building permits, ordinances, road closures, and impact fees or service availability fees... 'There are six Florida cases that have guided the development of impact fees in the state: Contractors and Builders Association of Pinellas County v. City of Dunedin, 329 So.2d 314 (Fla. 1976); Hollywood, Inc. v. Broward County, 431 So.2d 606 (Fla. 1976); Home Builders and Contractors Association of Palm Beach County, Inc. v. Board of County Commissioners of Palm Beach County, 446 So.2d 140 (Fla. 4th DCA 1983); Seminole County v. City of Casselberry, 541 So.2d 666 (Fla. 5th DCA 1989); City of Ormond Beach v. County of Volusia, 535 So.2d 302 (Fla. 5th DCA 1988); and St. Johns County v. Northeast Florida Builders Association, 16 FLW 5264 (April 18, 1991). Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, PM • • • INTRODUCTION Benefit Districts Impact fee case law states that impact fees must be spent so as to provide a reasonable benefit to the fee - paying development. One way of ensuring reasonable benefit is to create multiple benefit districts within which the fees collected must be spent. Multiple benefit districts ensure that the impact fees paid by a development are spent closer to the development than would be the case under a jurisdiction -wide benefit district. On the other hand, the larger the number of benefit districts, the more difficult it is to accumulate sufficient funds in anyone district to rru6 anysignificant improvements. Deciding on the appropriate number and location of benefit districts requires balancing the need to show reasonable benefit to fee payers with the need to maintain sufficient flexibility in impact fee expenditures to address priority improvement needs. Currently, the entire corporate area of the city is designated as a single benefit district for fire /EMS, police and park impact fees. This is a standard approach for fire/EMS and police impact fees, since public safety services tend to function as an integrated system for the delivery of services. For example, fire - fighting apparatus and amb?e1_a_n_ces located in one fire station may respond to the primary service area of another station if the equipment at the neighboring station is already responding to an incident. And both fire/EMS and police facilities include some that serve a centralized, city-wide function, such as training, dispatch or central administration. In contrast, local jurisdictions are often divided into multiple benefit districts for park impact fees. The City's Comprehensive Plan divides the city into two distinct service areas by the Urban Growth Boundary. This boundary, which follows Loxahatchee Slough, divides the city into the "urban" area to the east and the "rural' area to the west, as shown in Figure 2. Figure 2 URBAN GROWTH BOUNDARY Palm Beach GardensVMPACTFEE UPDATE 2 September 7, 2000, Paget Wpw Fulurc Land Use Map 2015 aOm. K.M U. p_,aa..t.ao•.a� City tlf Pd. Onch G.Meas •'N" aatnn.aw... Pa. 0 —hC—V. VI.Wa a..ar�sa e.+ aau i.ra.+.a+pnaw �� �.a�w�.aw� ux+a.�a.+�.a a. "•w.a Palm Beach GardensVMPACTFEE UPDATE 2 September 7, 2000, Paget 0 INTRODUCTION • • Different levels of service (LOS) have been established for the urban and rural areas. However, these differential LOS standards do not necessarily translate into different capital costs to serve new development in the two areas. For example, the fire/EMS LOS standard is a five- minute response time to 90% of all calls (on a district basis) in the urban area, and an eight - minute average response time in the rural area. However, the lower LOS provided in the rural area does not mean that fewer stations and equipment are required per housing unit, but rather that the less compact development pattern in the rural area makes it impossible to provide the same response time. The police LOS standard in the urban area is 1,150 service calls per officer per year using the comrrurnitypolicing philosophy, compared to the use of zone patrol based on rural crime control strategies in the rural area. Thus, while the police LOS standard is different in the two areas, this does not necessarily translate into differential capital costs to serve new development in the two areas. Finally, the level of service for recreation and open space states that "park and recreation facilities will be located to serve the entire citypopulation, and in most cases will be in the urban area. "` While the city encompasses a large land area, much of its area has significant development constraints and the area where most development will occur is relatively compact. For these reasons, it is recommended that the single, city- wide benefit district for park impact fees be maintained Summary of Findings Palm Beach Gardens' current impact fees and the ma?amum fees calculated in this update are sumrnaxized in Table 2. Table 2 IMPACT FEE SUMMARY Parks Single- Multi- Mobile Hotel/ Retail Office Industrial Police Family Family* Home Motel (per 1000 (per 1000 (per 1000 Fire/EMS (per unit) (per unit) (per unit) (per room) sq. ft.) sq. ft.) sq. ft.) Parks $1,496 $994 $821 $609 $0 $0 $0 Police $136 $47 $52 $109 $211 $176 $90 Fire /EMS $345 $137 $18 $242 $420 $371 $95 Total Existing Fees $1,977 $1,178 $891 $960 $631 $547 $185 Parks $2,006 $1,337 $1,103 $965 $0 $0 $0 Police $173 $115 $95 $261 $384 $232 $137 Fire/EMS $388 $169 $86 $271 $422 $613 $237 Total Potential Fees $2,567 $1,621 $1,284 $1,497 $806 $845 $374 Parks $510 $343 $282 $356 $0 $0 $0 Police $37 $68 $43 $152 $173 $56 $47 Fire/EMS $43 $32 $68 $29 $2 $242 $142 Total Potential Increase $590 $443 $393 $537 $175 $298 $189 Potential Percent Increase 30% 38% 44% 56% 28% 54% 102% * existing fee for parks is for apartment, duplex or condominium (townhouse fee is higher); same for potential park and fire /EMS fees. Source: Potential fees are maximum fees calculated in this report in Tables 10, 17 and 25. "City of Palm Beach Gardens, Comprehensive Plan Support Documents, Capita/ Improvement Element Support Document, June 1998, page 9-3. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, P 4= PARKS The City of Palm Beach Gardens operates and maintn;ns a variety of parks and recreational facilities for the benefit of city residents and visitors. The City adopted park impact fees on September 18, 1997 (Ordinance No. 39- 1997), based on a consultant studyprepared in May 1997.5 The current study is intended to provide a basis for updating the park impact fees. The City has been collecting about $350,000 nnnmllyin park impact fees. The Fire Year Capit Inpmenvr Plan for FY 2000 -2004 has programmed park impact fee funds to construct a skate park and rest room/ concession building at Plant Drive Park, construct a restroom/storage building on the soccer fields on the Klock property, help purchase land for a district park and help develop the Nature Center. In addition to park impact fees, the Citys subdivision regulations require residential developers to dedicate land for parks or pay a fee in lieu of land dedication prior to final plat. The amount of the dedication requirement is 600 square feet per dwelling unit. The fee in lieu of dedication is based on the amount that would be required to be dedicated and the appraised value of the property. The value of the land to be dedicated or the in -lieu payment is not to exceed the amount of the park impact fees, "unless the dedication is necessary to maintain adopted level of service standards established in the comprehensive plan "6 The calculation of the park impact fees includes the cost of both park land acquisition and park development. Consequently, credit against the park impact fees is given for the value of prior park land subdivision exactions. The value of any park land dedication or cash payment is deducted from the park impact fees that would otherwise be due at time of building permit issuance. Service Unit Park impact fees are generally assessed only on new residential development. However, Palm Beach Gardens' park impact fees, like those of manyFlorida communities, are also assessed on hotels and motels, under the theory that visitors, as well as residents, use and generate demand for park facilities. The Palm Beach Gardens Carpm ersiw Plan uses the ratio of acres of City -owned park land per 1,000 year - round residents as the park level of service (LOS) standard. The adopted LOS is 3.7 acres per 1,000 residents, although the Plan notes that the goal is to increase the LOS to 4.2 acres/ 1,000 over the next several years. The 1997 park impact fee study did not use a ratio of acres to population in the fee calculations. Instead, the ratio of the total replacement costs of existing Caty -owned park land and facilities to the estimated peak population was used in the park impact fee calculations. This approach essentiaLlyuses the existing LOS rather Ann any forrnally adopted LOS in the fee calculations, and thus does not charge new development for a higher standard that existing development has provided. This approach will continue to be used in this update of the park impact fees. Year 2000 estimates of dwelling units in Palm Beach Gardens yield estimates of the total peak population when multiplied by the average household size multipliers derived from the 1990 census, as shown in Table 3. Note that peak season population assumes that all dwelling units are occupied, and also includes transients occupying tourist accommodations. The peak season population estimate is somewhat lower than the 48,443 projection for the year 2000 contained in the Ca�iw Plan Nevertheless, the peak population estimate calculated here will be used in the park impact fee calculations, since it is more consistent with the dwpll;no unit and average household size estimates. 'Duncan Associates, Fire /EMS Police and Park Impact Fee Study, City of Palm Beach Gardens, Florida, May 1997. 'Palm Beach Gardens Code, 4 114 -421 and 4 114 -423. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Pig= 0 PARKS Table 3 PEAK POPULATION ESTIMATES, 2000 Year 2000 Average Dwellings/ Household Peak Season Land Use Type Units Rooms Size Population Single - Family Dwelling 8,764 2.91 25,503 Multi - Family Dwelling 7,626 2.03 15,481 Mobile Home Dwelling 618 1.60 989 Hotel /Motel Rooms 1,354 1.40 1,896 Total 43,869 Source: Year 2000 dwelling units from Table 28; hotel rooms is 1996 estimate from 1997 impact fee study plus building permits since 1997 for 117 additional rooms per Palm Beach Gardens Growth Management Department, February 23, 2000 memorandum; average household size for dwelling units from Table 27; average hotel room occupancy is one -half average vehicle occupancy on vacation trips from U.S. Department of Transportation, Nationwide Personal Transportation Survey, 1995. Cost per Service Unit The cost per service unit used in the park impact fee calculations is the replacement cost of existing CAty- owned parks facilities divided bypeak season population. The City's parks are concentrated in the eastern, "urban" part of the city, as illustrated in Figure 3. While a portion of the Palm Beach Gardens District Park is owned byPalm Beach County, the City has a 75 -3ear lease on the County land and has sole responsibility for district park improvement and maintenance. Consequently, the entire district park is considered a City facility. Excluding the 15 -mile long Riverside Linear Park, the City's existing parks total almost 267 acres and include a broad array of recreational facilities, as summarized in Table 4. Table 4 EXISTING PARK FACILITIES Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, P E c _ 0 y rn E d oc Mco W E p := 7 5 J cn C — p 6 = .y OI T 41 E _ � G c 'n d V C C C �W Park Acres o ;0> m m m mm � N ;> d O cc a ac m > m a o N LL o Cr o V 2 a. a Gardens Comm Ctr 12.0 2 2 3 1 1.0 1 1 1 1 120 Riverside Comm Ctr 1.0 1 49 Gardens Park Sports 20.0 2 2 8 3 8 1 130 L Catherine Sports 26.0 1 0.5 4 1 110 Lake Catherine 6.3 Lilac 9.5 PGA National Park 36.0 2 1 2 2 2 4 2 2 3 1 1 127 Plant Drive Park 8.0 2 1 1 1 2 1 98 Oaks Park 11.0 0.5 1 1 2 1 35 Soccer Complex 16.9 89 Gardens Dist Park 115.0 1 8 59 Twin Parks 1.0 Westminster 4.0 3 817 Total 266.7 2 2 4 9 1 2.0 1 6 1 1 1 9 6 1'0 4 6 12 3 1 2 3 Source: Palm Beach Gardens Parks and Recreation Department, November 30, 1999 and March 1, 2000 memoranda. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, P • • • PARKS Figure 3 LOCATION OF EXISTING CITY PARKS V Lei~ " �t..� ..' ..�a� 3�4 ��e�oB- •�ro.v W;; fl -� r. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, pagm • • PARKS The park impact fee calculations are based on the net cost to maintain the existing level of service. While park levels of service are often expressed in terms of a simple ratio of park land to population, the City of Palm Beach Gardens provides a wide range of facilities in its parks that, in total, are about one and one -half times as costly as the land value alone. For the purpose of impact fees, a better measure of the amount of park facilities provided is the total replacement cost of these facilities. The quantities, unit costs and total replacement value of the City's existing park facilities are summarized in Table 5. Table 5 PARK REPLACEMENT COSTS Facility Quantity Unit Cost Total Cost Park Land (acres) 266.7 $60,000 $16,002,000 Tennis Courts (hard surface) 4 $20,000 $80,000 Tennis Courts (clay) 8 $35,000 $280,000 Volleyball Courts 2 $32,000 $64,000 Basketball Courts, Outdoor 4 $20,000 $80,000 Basketball Courts, Indoor 2 $50,000 $100,000 Soccer Fields 10 $125,000 $1,250,000 Softball Fields 6 $150,000 $900,000 T -Ball Fields 4 $72,000 $288,000 Baseball Fields 9 $200,000 $1,800,000 Roller Hockey Rinks 2 $175,000 $350,000 Pavilions 6 $50,000 $300,000 Picnic Areas 3 $2,000 $6,000 Disc Golf Course" 1 $5,000 $5,000 Vita Course 1 $25,000 $25,000 Jogging Trails (miles) 2 $15,000 $30,000 Playgrounds/Tot Lots 6 $50,000 $300,000 Fishing Areas 2 $15,000 $30,000 Swimming Pools 1 $1,500,000 $1,500,000 Recreation Center, Large 1 $6,000,000 $6,000,000 Recreation Center, Medium 1 $3,000,000 $3,000,000 Recreation Center, Small 1 $750,000 $750,000 Food Concessions, Large 2 $250,000 $500,000 Food Concessions, Small 1 $75,000 $75,000 Restrooms 9 $50,000 $450,000 Parking Spaces 817 $200 $163,400 Total $34,328,400 Source: Quantities from Table 4; unit costs from Palm Beach Gardens Parks and Recreation Department, June 16, 2000 memorandum. The park facility replacement costs can be divided by total peak population to derive the cost per person. As shown in Table 6, it costs approximately $783 in current dollars to provide a new peak season resident with parks at the City's current level of service. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, P= • • PARKS Table 6 PARK COST PER PERSON Total Park Facility Replacement Cost $34,328,400 Total Peak Season Population, 2000 43,869 Cost per Peak Season Resident $782.52 Source: Total replacement cost from Table 5; peak season population from Table 3. Revenue Credits In calculating park impact fees. the cost per person to maintain the current level of service should be reduced to account for three kinds of revenue credits. The first is the property taxes that have been paid by vacant land that have been used to pay for existing park facilities. The second is the stream of future property tax payments that will be made by new residential development and used to retire bonds used to construct existing park facilities. The third is outside grant funding that will be available on a per capita basis to help fund the costs of growth - related parks improvements. The first of these, the propertytaxes paid byvacant land, is addressed in Appendix C The other two are calculated in this section. As described in Appendix C, almost 30 percent of the Municipal Complex bond issue was used for improvements to Palm Beach Gardens Park sports complex and the purchase of the Westminster (lurch site for future recreational facilities. The park share of the outstanding principal on that bond issue totals about $7.8 million. Approximately 75 percent of this will be repaid by residential development. As shown in Table 7, the net present value of future park debt service payments by future residential development is $62 per peak season resident. The Cary has received some state and county grant funding over the last several years to help pay for park capital costs. Over the past five years, the City received $150,000 from the Palm Beach County Recreation Assistance Program for the development of Oaks Park and Lake Catherine Park It is likely that the City will continue to receive additional grant funding in the future. For example, the City has been notified of an award of a $100,000 grant from the Florida Recreational Development Assistance Program to be used in developing the Gardens Park baseball complex. Based on the grant funding received over the last five years, new residential development will be helping to generate a future revenue stream that is the equivalent of about $8 per person in grant funds that can be used for capacity - expanding park improvements, as shown in Table 8. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, P I= • L' Table 7 PARK DEBT SERVICE CREDIT Table 8 PARK GRANT CREDIT Total Park Grants, Last Five Years $150,000 Annual Grant Funding $30,000 Peak Season Population, 2000 43,869 Annual Grant Funding per Person $0.68 Net Present Value Factor (20 years at 5% discount) $12.46 Park Grant Credit per Person $8.47 Source: Grant amounts from Palm Beach Gardens Parks and Recreation Department. November 23, 1999 memorandum; peak season population from Table 3; 5% discount rate used in net present value calculation is approximate interest rate on City bond issues. Palm Beach GardensVMPACTFEE UPDATE PARKS September 7, 2000, PagAM Total Park Residential Peak Credit/ Year Debt Service Share Share Population Person 2000 $ 1,424,320 $420,174 $315,131 43,869 $7.18 2001 $1,404,829 $414,425 $310,819 46,168 $6.73 2002 $1,401,925 $413,568 $310,176 48,587 $6.38 2003 $1,397,766 $412,341 $309,256 51,133 $6.05 2004 $1,402,127 $413,627 $310,220 53,812 $5.76 2005 $1,400,599 $413,177 $309,883 56,632 $5.47 2006 $1,401,652 $413,487 $310,115 58,982 $5.26 2007 $1,395,935 $411,801 $308,851 61,430 $5.03 2008 $1,399,400 $412,823 $309,617 63,979 $4.84 2009 $1,400,683 $413,201 $309,901 66,634 $4.65 2010 $1,399,028 $412,713 $309,535 69,399 $4.46 2011 $1,395,919 $411,796 $308,847 71,786 $4.30 2012 $1,400,715 $413,211 $309,908 74,255 $4.17 2013 $1,407,470 $415,204 $311,403 76,809 $4.05 2014 $1,401,635 $413,482 $310,112 79,451 $3.90 2015 $1,413,309 $416,926 $312,695 82,184 $3.80 2016 $1,411,554 $416,408 $312,306 84,650 $3.69 2017 $1,417,806 $418,253 $313,690 87,190 $3.60 2018 $678,725 $200,224 $150,168 89,806 $1.67 2019 $336,575 $99,290 $74,468 92,500 $0.81 Total $26,291,972 $7,756,131 $5,817,101 $91.80 Net Present Value (5% Discount Rate) $62.09 Source: Principal debt service payments from Table 36; park share is percent of total debt service from Table 35; residential share is 75% of park share, based on share of total property taxes from developed land from Palm Beach County Property Appraiser, November 1999 memorandum; year 2000 peak population from Table 3; peak population projections based on projected increase in permanent population from Table 1: 5% discount rate used in net present value calculation is approximate interest rate on City bond issues. Table 8 PARK GRANT CREDIT Total Park Grants, Last Five Years $150,000 Annual Grant Funding $30,000 Peak Season Population, 2000 43,869 Annual Grant Funding per Person $0.68 Net Present Value Factor (20 years at 5% discount) $12.46 Park Grant Credit per Person $8.47 Source: Grant amounts from Palm Beach Gardens Parks and Recreation Department. November 23, 1999 memorandum; peak season population from Table 3; 5% discount rate used in net present value calculation is approximate interest rate on City bond issues. Palm Beach GardensVMPACTFEE UPDATE PARKS September 7, 2000, PagAM • PARKS In summary, the park cost per person is reduced by three kinds of revenue credits to determine the park net cost per person. First, it has been determined in Appendix C that vacant land has funded 2.9 percent of existing general fund facilities, and the park cost per person is reduced by that percentage to account for the contribution from the formerly vacant land that is now being developed for residential use. Second, the cost is reduced by the current lump sum payment that is the equivalent of the future stream of property tax payments that new residential development will be making to retire the outstanding debt for existing park facilities. Finally, the park cost per person is reduced by the equivalent of potential future grant funding per person that maybe available to help pay for growth - related park costs. The result is the net cost per person to maintain the current level of service for parks. As shown in Table 9, this net cost is about $689 per person. Table 9 PARK NET COST PER PERSON Park Cost per Person $782.52 Past Property Tax Credit per Person (2.9 %) $22.69 Debt Service Credit per Person $62.09 Grant Funding Credit per Person $8.47 Net Cost per Person $689.27 Source: Park cost per person from Table 6; past property tax credit is percentage from Table 34 times cost per person; debt service credit from Table 7; grant funding credit from Table 8. Maximum Fee Schedule The maximum park impact fees that maybe adopted by Palm Beach Gardens can be calculated by multiplying the average household size (or persons per hotel moq associated with various housing types by the net cost per peak season resident of maintaining the existing level of park facilities. Based on the calculations in Table 10, the maximum park impact fees range from $965 per hotel room to $2,006 per single - family dwelling unit. Table 10 PARK MAXIMUM FEE SCHEDULE Housing Type Unit Single - Family Detached* Dwelling Single - Family Attached Dwelling Duplex, Apartment or Condominium Dwelling Mobile Home /RV Park Pad Site Hotel /Motel Room Average Net Cost/ Net Cost/ Household Size Person Unit 2.91 $689.27 $2,006 2.15 $689.27 $1,482 1.94 $689.27 $1,337 1.60 $689.27 $1,103 1.40 $689.27 $965 includes mobile home on individual platted lot Source: Average household size by housing type from Table 3; net cost per person from Table 9. If adopted at 100 percent of the maximum fees, the park impact fees would increase 34 percent for dwelling units, and would increase by 59 percent for hotels and motel rooms, as shown in Table 11. Palm Beach GardenSVMPACTFEE UPDATE September 7, 2000, Page • • PARKS Table 11 COMPARATIVE PARK IMPACT FEES Palm Beach GardensVMPACTFEEUPDATE September 7, 2000, Page® Existing Maximum Potential Housing Type Unit Fee Fee Change Single - Family Detached* Dwelling $1,496.35 $2,006 34% Single- Family Attached Dwelling $1,105.51 $1,482 34% Duplex, Apartment or Condominium Dwelling $993.85 $1,337 35% Mobile Home /RV Park Pad Site $820.76 $1,103 34% Hotel /Motel Room $608.59 $965 59% * includes mobile home on individual platted lot Source: Existing fees from § 82 -30, Palm Beach Gardens Code; maximum fees from Table 10. Palm Beach GardensVMPACTFEEUPDATE September 7, 2000, Page® • POLICE The City's police impact fees were originally adopted in 1993, and were updated in 1997. The current fees are based on a consultant study prepared in May 1997 ( "1997 update ")' The orr1;nnnce,(No. 39 -1997) was adopted on September 18, 1997. This study is intended to provide a basis for updating -the police impact fees. The Qtyhas been collecting about $75,000 nnnuallyin police impact fees. The Catyhas been accumulating the fee revenues for several years, and the FY 1999/2000 budget proposes to spend $150,000 on a building for radio equipment and $368,000 on mobile data terminals. Service Unit The approach that was used in the original 1993 study and the 1997 update used calls for service as the service unit. The cost of police facilities to serve different types of new development was based upon the capital cost per service call and the expected mimher of calls per unit of each land use type per year. However, due to changes in the waythe Citytracks police calls for service, it is no longer possible to determine calls for service by land use type. Consequently, this update will use an alternative approach, known in impact fee literature as "functional population." This approach is based on the assumption that demand for these types of facilities is generally proportional to the presence of people. The functional population concept is analogous to the concept of "full-time equivalent" employees. It represents the number of "full -time equivalent" people present at the site of a land use. Functional population multipliers for various land use categories, as well as total functional population estimated to exist in the city in the base year 2000, are calculated in Appendix B. Cost per Service Unit The Cu)?s Comprehensive Plan notes that, although "the [Police] Department responds to calls on vacant property (trespassing, disabled vehicles, illegal hunting), future development of land within the City will require additional patrolling and enforcement of laws."' To support that higher level of law enforcement, additional capital facilities will be required The capital facilities utilized by the Police Department include the police station, a training center, vehicles and communication and other equipment. The buildings and land that support the City's police protection capability have a replacement value of about $6.0 million, as summarized in Table 12. Table 12 POLICE BUILDING COST Facilities Building Land Total Police Station $5,779,252 $250,000 $6,029,252 Training Center (leased) na na na Total 8uildinq Cost $5,779,252 $250,000 $6,029,252 Source: Police station building cost from Table 35; police station land cost from Palm Beach Gardens Growth Management Department, February 25, 2000 memorandum; DARE office costs from 1997 update report. 'Duncan Associates, Fire /EMS, Police and Park Impact Fee Study, City of Palm Beach Gardens, Florida, May 1997. CCtty of Palm Beach Gardens Comprehensive Plan, Public Safety Element Support Document, June 1998, P. 10-7. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Page • POLICE In addition to buildings, a significant amount of capital equipment is required to support police protection service. The Police Department's existing inventory of patrol and other vehicles has a total current replacement value of $1.4 million, as shown in Table 13. The Department has initiated a "take home" vehicle policy that will require the acquisition of approximately 45 additional patrol vehicles over the next several years. It is premature to include the cost of this policy in the current impact fee update, although it should be addressed in the next impact fee update. Table 13 POLICE VEHICLE COST Manufacturer Model Quantity Unit Cost Total Cost Chevrolet 1 Ton Truck 1 $30,000-_ $30,000 Chevrolet '/z Ton Truck 2 $23,504 $47,008 Chevrolet 3/4 Ton Truck 1 $20,000 $20,000 Chevrolet Astro 3 $18,200 $54,600 Chevrolet Blazer 1 $21,512 $21,512 Chevrolet Caprice 14 $18,500 $259,000 Chevrolet Corsica 3 $17,100 $51,300 Chevrolet Lumina 3 $17,887 $53,661 Chevrolet Suburban 1 $38,000 $38,000 Dodge Van 150 1 $17,900 $17,900 Ford Crown Victoria" 21 $26,900 $564,900 Ford Expedition 2 $35,771 $71,542 Ford Ranger 1 $11,300 $11,300 Harley Motorcycle 9 $12,500 $112,500 Toyota Pick -Up 1 $11,700 $11,700 Total Vehicle Cost $1,364,923 " excludes one DUI vehicle paid for with grant funds Source: Vehicle descriptions and quantities from Palm Beach Gardens Police Department. 12/17/99 memorandum; unit replacement costs from 2/4100 memo. The Police Department utilizes another $12 million in equipment with a unit cost of $500 or more to the building, land and vehicle costs identified in the previous two tables results in a total capital cost of $8.6 million. Dividing this total capital cost by total existing service units yields a cost of $182 per functional population, as summarized in Table 14. Table 14 POLICE COST PER SERVICE UNIT Building Replacement Cost $6,029,252 Vehicle Replacement Cost $1,364,923 Equipment Cost $1,205,252 Existing Police Facility Cost $8,599,427 Total Functional Population, 2000 47,318 Police Cost per Functional Population $181.74 Source: Building replacement cost from Table 12; vehicle cost from Table 13: equipment cost is original cost from City's fixed asset listings: functional population from Table 31. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Pag= • • 0 POUCE Revenue Credits In calculating police impact fees. the cost per service unit to maintain the current level of service should be reduced to account for two kinds of revenue credits. The first is the property taxes that have been paid by vacant land that have been used to pay for existing police facilities. The second is the stream of future property tax payments that will be made by new development and use to retire bonds used to construct the new police station. A revenue credit would also be due if the City could anticipate significant outside grant funding that would be available to help fund the costs of growth- related police facilities. However, over the past three years, the City has only received grant funding sufficient to purchase a single vehicle, and that vehicle has been left out of the facilities used to calculate the cost of the existing level of service (see note to Table 13). The percent of property taxes paid by vacant land is addressed in Appendix C. Over 20 percent of the Municipal Complex bond issue was used for the expansion of the police station (a portion of the cost of the new 34,919 square foot police station is attributable to replacing/rehabilitating the old 9,000 square foot station, and this portion is not subject to the credit). As shown in Table 15, the net present value of future police - related debt service payments is $58 per service unit. Table 15 POLICE DEBT SERVICE CREDIT Fiscal Total Police Functional Payment/ Year Debt Service Share Population Func. Pop. 2000 $1,424,320 $319,048 47,318 $6.74 2001 $1,404,829 $314,682 49,797 $6.32 2002 $1,401,925 $314,031 52,406 $5.99 2003 $1,397,766 $313,100 55,152 $5.68 2004 $1,402,127 $314,076 58,042 $5.41 2005 $1,400,599 $313,734 61,083 $5.14 2006 $1,401,652 $313,970 63,618 $4.94 2007 $1,395,935 $312,689 66,258 $4.72 2008 $1,399,400 $313,466 69,008 $4.54 2009 $1,400,683 $313,753 71,872 $4.37 2010 $1,399,028 $313,382 74,855 $4.19 2011 $1,395,919 $312,686 77,430 $4.04 2012 $1,400,715 $313,760 80,094 $3.92 2013 $1,407,470 $315,273 82,849 $3.81 2014 $1,401,635 $313,966 85,699 $3.66 2015 $1,413,309 $316,581 88,647 $3.57 2016 $1,411,554 $316,188 91,306 $3.46 2017 $1,417,806 $317,589 94,045 $3.38 2018 $678,725 $152,034 96,866 $1.57 2019 $336,575 $75,393 99,772 $0.76 Total $26,291,972 $5,889,401 $86.21 Net Present Value Payment (5% discount rate) $58.31 Source: Total debt service payments from Table 36; police sharel is percent of total debt service from Table 35; year 2000 functional population from Table 31; functional population projections based on projected increase in permanent population from Table 1; 5% discount rate used in net present value calculation is approximate interest rate on City bond issues. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Page • • POLICE The police cost per service unit is reduced by two lands of revenue credits to determine the net cost per service unit. It has been determined in Appendix C that vacant land has funded 2.9 percent of existing general fund facilities, and the police cost per service unit is reduced by that percentage to account for the contribution from the formerly vacant land that is now being developed. Next, the cost is reduced by the current lump sum payment that is the equivalent of the future stream of property tax payments that new development will be malting to retire the outstanding debt for the new police station. The result is the net cost per service unit to maintain the current level of service for police facilities. As shown in Table 16, this net cost is $118 per functional population. Table 16 POLICE NET COST PER SERVICE UNIT Cost per Functional Population $181.74 Past Property Tax Credit per Functional Population (2.9 %) $5.27 Debt Service Credit per Functional Population $58.31 Net Cost per Functional Population $118.16 Source: Cost from Table 14; past property tax credit based on percent from Table 34 times cost per functional population; debt service credit from Table 15. Maximum Fee Schedule The maximum police impact fees that may be adopted by Palm Beach Gardens, based on current, available data and the methodologies used in this analysis, are calculated by multiplying the functional population per unit associated with various land uses by the net cost per functional population of rm;nta;n;ng the existing level of service. The impact fee calculations are shown in Table 17. V Table 17 POLICE MAXIMUM FEE SCHEDULE Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Pag= Functional Net Cost/ Net Cost/ Land Use Unit Pop. /Unit Func. Pop. Unit Single - Family Detached* Dwelling 1.46 $118.16 $173 Single - Family Attached Dwelling 1.08 $118.16 $128 Duplex, Apartment, or Condominium Dwelling 0.97 $118.16 $115 Mobile Home /RV Park Pad Site 0.80 $118.16 $95 Hotel/Motel Room 2.21 $118.16 $261 Retail /Commercial 1000 sq. ft. 3.25 $118.16 $384 Office/institutional 1000 sq. ft. 1.96 $118.16 $232 1ndustriallWarehouse 1000 sq. ft. 1.16 $118.16 $137 * includes mobile home on individual platted lot Source: Functional population per unit from Tables 29 and 30: cost per functional population from Table 16. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Pag= • • POLICE The maximum fees calculated in this report are compared with the current fees in Table 18. The increase would be a maximum of $81 per residential unit and up to 20 cents per square foot for nonresidential developments. Table 18 COMPARATIVE POLICE IMPACT FEES Current Maximum Potential Percent Land Use Unit Fees Fees Change Change Single Family Detached" Dwelling $135.65 $173 $37 28% Single - Family Attached Dwelling $46.51 $128 $81 175% Duplex, Apartment or Condominium Dwelling $46.51 $115 $68 147% Mobile Home Park Site $52.32 $95 $43 82% Hotel /Motel Room $108.52 $261 $152 141% Retail/Commercial 1,000 sf $211.22 $384 $173 82% Office/Institutional 1,000 sf $176.34 $232 $56 32% Industrial/Warehouse 1,000 sf $90.11 $137 $47 52% ` includes mobile home on individual platted lot Source: Current fees from § 82 -30, Palm Beach Gardens Code: maximum fees from Table 17. Palm Beach GardensVMPACTFEEUPDATE September 7, 2000, Page, • FIRE /EMS The Clols fire/EMS impact fees were originally adopted in 1993, and were updated in 1997. The fees were based on a consultant studyprepared in May 1997 01997 update ").' The ordinance (No. 39 -1997) was adopted on September 18, 1997. The current study is intended to provide a basis for updating the fire/EMS impact fees. The City has been collecting about $140,000 annually in fire /EMS impact fees. The City's FY 2000 -2004 Frye Year C*" Inprownvr Pian has programmed fire/EMS impact fees to purchase a $125,000 rescue vehicle in 2000 and 2001 and to purchase a $250,000 fire engine in 2002. Service Unit The cost of fire/EMS facilities to serve different types of new development is determined based upon the cost per fire/EMS call for service and the expected number of calls per unit per year for various land use types. Ca_ lk for service include medical calls, fires, emergencies, hazardous conditions and false a1_artm. As noted above, the cost of fire/EMS facilities to serve different types of new development is based upon the expected number of calls for service per unit per year. Dividing the number of annual fire/EMS calls received from each land use category by the existing amount of development yields the service units required per development unit (dwelling unit, hotel room or 1,000 square feet of nonresidential building area). The annual number of calls for service per unit for six land categories ranging from single- familydwellings to industrial square footage in thousands is presented in Table 19. Table 19 FIRE /EMS ANNUAL CALLS FOR SERVICE Annual 2000 Calls/ Land Use Type Unit Calls Units Unit Single- Family Detached/Mobile Homes Dwelling 1,183 .9,382 0.126 Multi - Family Dwelling 423 7,626 0.055 Hotel/Motel Room 119 1,354 0.088 Retail /Commercial 1,000 sq. ft. 595 4,329 0.137 Office /Institutional 1,000 sq. ft. 844 4,231 0.199 Industrial/Warehouse 1,000 sq. ft. 65 839 0.077 Total 3,229 Source: Annual calls includes medical, fire alarm, fire and other calls, excluding those on roadways and other calls not associated with a land use, for the period January 1998 through October 1999, adjusted by ratio of 12 out of 22 months, from Palm Beach Gardens Fire Department, November 4, 1999 memorandum; year 2000 residential units from Table 28, nonresidential units from Table 31. °Duncan Associates, Fire /EMS Police and Park Impact Fee Study, City of Palm Beach Gardens, Florida, May 1997. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Page® • • • FIRE/EMS Figure 4 FIRE STATION LOCATIONS Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Page® FIRE/EMS Cost per Service Unit The capital facilities that are used to support the provision of fire /EMS services in Palm Beach Gardens include fire stations, the training tower, firefighting apparatus and vehicles, and other equipment including communications equipment, breathing systems and specialized extrication equipment. The City recently completed the expansion of the main fire station and headquarters building in the municipal complex (the location of each station is shown in Figure 4 on the preceding page). The total replacement cost of the exisr;ng fire stations and fire station sites is about $5.3 million, as shown in Table 20. The Cityplans to complete construction of Station # 3 in 2001. Station # 3 and future stations will include about 1,800 square feet for offices and a meeting room to be used bythe Police Department as a substation. The Fire Department's current inventory of vehicles has a total replacement cost of $4.5 million, as shown in Table 21. • Table 21 FIRE /EMS VEHICLE COST Description Units Table 20 Total Cost Fire Engine 1500 GPW1000 GWT/50 1 FIRE STATION REPLACEMENT COST $350,000 Fire Engine 1250 GPM/500 GWT/25 2 Land Building Replacement Cost Facility (acres) Sq. Ft. Building Land Total Station #1 /HQ 4.00 21,000 $2,247,613 $450,000 $2,697,613 Station #2 2.51 5,950 $750,000 $450,000 $1,200,000 Station #4 0.70 4,650 $600,000 $500,000 $1,100,000 Training Tower na na $350,000 na $350,000 Total 7.21 31,600 $3,947,613 $1,400,000 $5,347,613 • scheduled for construction in 2001 $30,000 $120,000 Staff 4x4 3 $36,667 Source: Fire station #1 building cost from Table 35; other data from Palm Beach Gardens Office of the Fire Chief, • November 4, 1999 memorandum. Public Education Van 1 $30,000 $30,000 Total Vehicle Cost • Table 21 FIRE /EMS VEHICLE COST Description Units Unit Cost Total Cost Fire Engine 1500 GPW1000 GWT/50 1 $350,000 $350,000 Fire Engine 1250 GPM/500 GWT/25 2 $450,000 $900,000 Fire Engine 1250 GPM /1000 GWT /50 3 $325,000 $975,000 Fire Truck 1500 GPM /200 GWT /100 1 $700,000 $700,000 Rescue Vehicle 5 $150,000 $750,000 Utility Vehicle 1 $200,000 $200,000 Brush Truck 3 $60,000 $180,000 Commander 1 $42,007 $42,007 EMS Captain 1 $42,000 $42,000 Boat 1 $30,000 $30,000 Special Events 1 $30,000 $30,000 Pick -Up 4 $30,000 $120,000 Staff 4x4 3 $36,667 $110,001 Staff Car 3 $29,000 $87,000 Public Education Van 1 $30,000 $30,000 Total Vehicle Cost $4,546,008 Source: Palm Beach Gardens Office of the Fire Chief, November 4, 1999 memorandum. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Pag= • FIRE/EMS Based on original acquisition costs from the City's fixed asset listings, the total cost of the City's other fire/EMS equipment with a value of more than $500 is about $0.8 million. Adding that to the fire station and vehicle replacement costs calculated above results in a total fire facility cost of about $10.7 million. Dividing this by the average number of annual fire /EMS calls for service yields a cost of $3,299 per fire /EMS call to maintain the existing level of service, as shown in Table 22. Table 22 FIRE /EMS COST PER SERVICE UNIT Fire Station Replacement Cost $5,347,613 Vehicles and Apparatus $4,546,008 Other Equipment $760,276 Total Facility and Equipment Cost $10,653,897 Annual Fire /EMS Calls 3,229 Cost per Fire/EMS Call $3,299.44 Source: Firestation replacement cost from Table 20 ;fire /EMSvehicle cost from Table 21; other equipment with unit cost of more than $500 is original cost from City's fixed asset listings, September 30, 1999: annual fire/EMS calls from Table 19. Revenue Credits In calculating fire/EMS impact fees. the cost per service unit to maintain the current level of service should be reduced to account for two kinds of revenue credits. The fast is the property taxes that have been paid by vacant land that have been used to pay for existing fire/EMS facilities. The second is the stream of future property tax payments that will be made by new development and use to retire bonds used to expand the main fire station. A revenue credit would also be due if the City could anticipate outside grant funding that will be available to help fund the costs of growth-related fire/EMS facilities. However, over the past three years, the City has not received any grant funding for fire /EMS facilities, and does not anticipate any significant grant funds in the future. The percent of property taxes paid by vacant land is addressed in Appendix C Of the Municipal Complex bond issue, about $2.2 million was used for the expansion of the fire station. The expanded fire station is 21,000 square feet, but the majority of it is the refurbished existing 15,000 square feet, which was essentially replaced with the improvement. Impact fees cannot be used to replace existing facilities, and consequently credit is due only for the percent of the cost applicable to the net addition in square footage, which amounts to about 3 percent of the total bond issue. The net present value of future fire- related debt service payments is $125 per service unit (see Table 23). Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Page® • • • FIRE/EMS Table 23 FIRE /EMS DEBT SERVICE CREDIT Fiscal Total Fire /EMS Annual Payment/ Year Debt Service Share Calls Call 2000 $1,424,320 $47,003 3,229 $14.56 2001 $1,404,829 $46,359 3,398 $1164 2002 $1,401,925 $46,264 3,576 $12.94 2003 $1,397,766 $46,126 3,763 $12.26 2004 $1,402,127 $46,270 3,960 $11.68 2005 $1,400,599 $46,220 4,168 $11.09 2006 $1,401,652 $46,255 4,341 $10.66 2007 $1,395,935 $46,066 4,521 $10.19 2008 $1,399,400 $46,180 4,709 $9.81 2009 $1,400,683 $46,223 4,904 $9.43 2010 $1,399,028 $46,168 5,108 $9.04 2011 $1,395,919 $46,065 5,284 $8.72 2012 $1,400,715 $46,224 5,466 $8.46 2013 $1,407,470 $46,447 5,654 $8.21 2014 $1,401,635 $46,254 5,848 $7.91 2015 $1,413,309 $46,639 6,049 $7.71 2016 $1,411,554 $46,581 6,230 $7.48 2017 $1,417,806 $46,788 6,417 $7.29 2018 $678,725 $22,398 6,610 $3.39 2019 $336,575 $11,107 6,808 $1.63 Total $26,291,972 $867,637 $186.10 Net Present Value Payment (5% discount rate) $125.26 Source: Total debt service from Table 36; fire /EMS share based on percent from Table 35; annual calls for year 2000 include only those calls attributable to a land use per Table 19; calls for future years estimated based on projected population growth from Table 1; 5% discount rate used in net present value calculation is approximate interest rate on City bond issues. Deducting the past property tax credit and the debt service credit per service unit from the cost per service unit yields a net cost per service unit of $3,079 per fire/EMS call, as shown in Table 24. Table 24 FIRE /EMS NET COST PER SERVICE UNIT Cost per Fire /EMS Call- for - Service $3.299.44 Past Property Tax Credit per Fire /EMS Call- for - Service (2.9 %) $95.68 Debt Service Credit per Fire /EMS Call- for - Service $125.26 Net Cost per Fire/EMS Call- for- Service $3,078.50 Source: Cost per call from Table 22; past property tax credit based on percent from Table 34 times cost per call; debt service credit from Table 15. Palm Beach GardensVMPACTFEEUPDATE September 7, 2000, Pag= FIRE/EMS Maximum Fee Schedule The maximum fire /EMS impact fees that maybe adopted by Palm Beach Gardens can be calculated by multiplying the calls per unit associated with various land uses by the cost per call of maintaining the existing level of service. The fire/EMS impact fee calculations are presented in Table 25. Table 25 FIRE /EMS MAXIMUM FEE SCHEDULE Calls/ Net Cost/ Net Cost/ Land Use Unit Unit Call Unit Single - Family Detached* Dwelling 0.126 $3,078.50 $388 Multi - Family Dwelling 0.055 $3,078.50 $169 Mobile Home /RV Park Pad Site 0.028 $3,078.50 $86 Hotel/Motel Room 0.088 $3,078.50 $271 Retail/Commercial 1000 sq. ft. 0.137 $3,078.50 $422 Office /Institutional 1000 sq. ft. 0.199 $3,078.50 $613 Industrial/Warehouse 1000 sq. ft. 0.077 $3,078.50 $237 • includes mobile home on individual platted lot Hotel /Motel Room $242.27 $271 Source: Calls per unit from Table 19 (mobile home assumed Y2 multi - family rate); cost per call from Table 22. The maximum fees calculated in this report are compared with the current fees in Table 26. In absolute dollar amounts, the increases are highest for hotel/motels and office /institutional uses, although the percentage change is greatest for mobile home parks, which payvery nominal fees under the current ordinance. Table 26 COMPARATIVE FIRE /EMS IMPACT FEES Current Maximum Potential Percent Land Use Unit Fees Fees Change Change Single Family Detached Dwelling $345.36 $388 $43 12% Multi- Family Dwelling $136.60 $169 $32 24% Mobile Home Park Site $18.04 $86 $68 377% Hotel /Motel Room $242.27 $271 $29 12% Retail /Commercial 1,000 sf $420.11 $422 $2 0% Office/institutional 1,000 sf $371.14 $613 $242 65% Industrial/Warehouse 1,000 sf $95.36 $237 $142 149% Source: Current fees from § 82 -30, Palm Beach Gardens Code; maximum fees from Table 25. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Page 0 APPENDIX A: DEMOGRAPHIC DATA L-1 An important input into the impact fee calculations is the number of persons associated with dwelling units of various housing types. These residential multipliers will be used in developing the impact fees for park facilities, which are assessed solely on residential development. The level of service for parks will be expressed in terms of peak seasonal population. The peak season population multipliers should be based on the assumption that all units will be occupied. For this reason, average household size (household population divided by occupied units) should be used for the residential multipliers for the park fee. The population per unit multipliers for Palm Beach Gardens from the 1990 Census are presented in Table 27. Table 27 AVERAGE HOUSEHOLD SIZE, 1990 Total Dwelling Units 22,918 9,557 2.40 Multi - Family* 10,149 4,998 2.03 * sum of single - family attached and duplex/apartment/condominium Source: U.S. Census Bureau, 1990 Census Summary Tape File 1 (100% count for basic demographic variables), from website ( http: // venus.census.gov /cdromAookup). The base year for the determ;nntion of existing levels of service is the year 2000. Dwelling unit estimates for the year 2000 were based on total housing counts from the 1990 census and building permits issued for the ten -year period 1990 -1999. As shown in Table 28, it is estimated that there are approximately 17,000 dwelling units in the city in the year 2000. Table 28 DWELLING UNITS BY TYPE, 2000 1990 1990 -1999 Household Occupied Average Housing Type Population Units Household Size Single - Family Detached 12,149 4,172 2.91 Single - Family Attached 4,511 2,097 2.15 Duplex/Apartment/Condominium 5,638 2,901 1.94 Mobile Home 620 387 1.60 Total Dwelling Units 22,918 9,557 2.40 Multi - Family* 10,149 4,998 2.03 * sum of single - family attached and duplex/apartment/condominium Source: U.S. Census Bureau, 1990 Census Summary Tape File 1 (100% count for basic demographic variables), from website ( http: // venus.census.gov /cdromAookup). The base year for the determ;nntion of existing levels of service is the year 2000. Dwelling unit estimates for the year 2000 were based on total housing counts from the 1990 census and building permits issued for the ten -year period 1990 -1999. As shown in Table 28, it is estimated that there are approximately 17,000 dwelling units in the city in the year 2000. Table 28 DWELLING UNITS BY TYPE, 2000 1990 1990 -1999 2000 Housing Type Total Units Permits Units Single - Family Detached 5,027 3,737 8,764 Multi - Family* 6,642 984 7,626 Mobile Home 498 120 618 Total 12,167 4,841 17,008 * includes single - family attached Source: 1990 units U.S. Census Bureau, 1990 Census Summary Tape File 1 (100% count for basic demographic variables), from website ( http:/ /venus.census.gov /cdromAookup); units permitted during 1990 -1999 calendar years from Palm Beach Gardens Growth Management Department, February 8, 2000 memorandum. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Page • APPENDIX B: FUNCTIONAL POPULATION • • A common approach used in impact fee studies for estimating the service demands of various land use types on police facilities is known in impact fee literature as "functional population." This approach is based on the assumption that demand for police facilities is generally proportional to the presence of people. The functional population concept is analogous to the concept of "full-time equivalent" employees. It represents the number of "full-time equivalent" people present at the site of a land use. Since the use of a 24- hour day would result in only residential development being charged for the night -time hours, when police services are also being provided to protect vacant nonresidential property, the functional population calculations are based on a 16 -hour day, rather than on a 24 -hour day. Suppose, for example, that a retail establishment has four employees who work eight hour shifts, and on a typical weekday has 160 visitors, including shoppers and delivery people. Assuming each visitor spends one hour per visit, on an average day employees and visitors spend 192 hours at the site. Dividing by the 16 -hour day described above, the retail establishment has functional population of 12. The residential functional population is considerably simpler than the nonresidential component. Of the 16- hour day used in the functional population calculations, it is assumed that people spend eight hours, or one- half of their waking hours, at home. The other half of the day spent away from home accounts for working, shopping and other away - from -home activities. This factor for residential development essentially distributes the cost of police facilities evenly between residential and nonresidential development. For residential uses, then, functional population is calculated by dividing the number of persons per dwelling unit calculated in Appendix A above in hn1f. The resulting functional population for single - family detached, single - family attached (townhouse), multi - family and mobile home units is shown in Table 29. Table 29 RESIDENTIAL FUNCTIONAL POPULATION MULTIPLIERS Average Occupancy Functional Housing Type Household Size Factor Pop. /Unit Single - Family Detached 2.91 0.50 1.46 Single - Family Attached 2.15 0.50 1.08 Duplex/Apartment/Condominium 1.94 0.50 0.97 Multi - Family's 2.03 0.50 1.01 Mobile Home /RV 1.60 0.50 0.80 " includes single - family attached and duplex/apartment/condominium Source: Average household size from Table 27; occupancy factor assumed. The functional population methodology for nonresidential uses is based on national trip generation data compiled bythe Institute of Transportation Engineers (ITE). Functional population per 1,000 square feet is derived by dividing the total number of hours spent by employees and visitors during a day by 16 hours. Employees are assumed to spend eight hours a day at their place of employment. Visitors are generally assumed to spend one hour per visit (this may vary for some uses). The formula used to derive the nonresidential functional population estimates is st,mmanized in Figure 5. Palm Beach GardensVMPACTFEEUPDATE September 7, 2000, Page • • • APPENDIX B: FUNCTIONAL POPULATION Figure 5 FUNCTIONAL POPULATION FORMULA Functional population /1000 sf = (employee hours /1000 sf + visitor hours /1000 sf) + 16 hours /day Where: Employee hours /1000 sf = employees /1000 sf x 8 hours /day Visitor hours /1000 sf = visitors /1000 sf x hours /visit Visitors /1000 sf = weekday ADT /1000 sf x avg. vehicle occupancy - employees /1000 sf Weekday ADT /1000 sf = one -way average daily trips (total trip ends + 2) Using this form»1a and information on trip generation rates from the ITE Manual, nonresidential functional population estimates per 1,000 square feet of gross floor area (or other applicable unit) were calculated. Table 30 presents the results of these calculations. Table 30 NONRESIDENTIAL FUNCTIONAL POPULATION MULTIPLIERS Trip Persons/ Employees/ Visitors/ Hours/ Functional Land Use (ITE Code) Unit Rate Trip Unit Unit Visitor Pop. /Unit HoteVMotel (310/320) Room 4.56 1.78 0.71 7.41 4.00 2.21 Retail/Commercial (820) 1000 sq. ft. 21.46 1.78 1.96 36.24 1.00 3.25 Office,/Institutional (710) 1000 sq. ft. 5.51 1.47 3.32 4.78 1.00 1.96 Industrial/Warehouse (130) 1000 sq. ft. 3.48 1.16 2.08 1.96 1.00 1.16 Source: Average daily trip rates (�/2 of trip ends) from Institute of Transportation Engineers (ITE) Trip Generation, Sixth Edition, 1997; persons per trip are average vehicle occupancies from US Department of Transportation, 1995 National Personal Transportation Survey; employees per 1,000 sq. ft. from ITE manual (ADT per 1,000 sf divided by ADT per employee - retail rate from National Association of Office and Industrial Parks, America's Future Office Space Needs, 1990 p. 22); visitors /unit and functional population calculated based on formula in Figure 5; hours per visitor assumed. Total functional population for Palm Beach Gardens can be determined based on land use data and functional population multipliers for various land use categories. The base year for the determination of existing levels of service is the )ear 2000. As shown in Table 31, the total functional population of the city is estimated to be about 47,000, which is somewhat higher than the peak population estimate of about 43,000 calculated in the park section of this report. Palm Beach GardensVMPACTFEEUPDATE September 7, 2000, Paget • • P.J APPENDIX B: FUNCTIONAL POPULATION Table 31 TOTAL FUNCTIONAL POPULATION, 2000 2000 Functional Functional Land Use Unit Units Pop. /Unit Population Single- Family Detached Dwelling 8,764 1.46 12,795 Multi- Family Dwelling 7,626 1.01 7,702 Mobile Homes Dwelling 618 0.80 494 Hotel /Motel Room 1,354 2.21 2,992 Retail /Commercial 1,000 sq. ft. 4,329 3.25 14,069 Office/Institutional 1,000 sq. ft. 4,231 1.96 8,293 Industrial/Warehouse 1,000 sq. ft. 839 1.16 973 Total 47,318 Source: Dwelling units and hotel rooms from Table 3; nonresidential square footage from Palm Beach County Property Appraiser, November 1999; residential functional population multipliers from Table 29; nonresidential multipliers from Table 30. Palm Beach GardenSVMPACTFEEUPDATE September 7, 2000, Yag= • I-] • APPENDIX C: TAX CREDITS Two types of credits against the impact fees are appropriate: revenue credits and exaction credits. This section calculates the credits that should be factored into the impact fee calculations to acknowledge past or future tax revenues contributed by new development toward existing capital facilities. In contrast to revenue credits, credits for developer exactions are not reflected in the impact fee schedules. Instead, such credits are calculated on a case -by case basis to reflect the value of developer contributions of fire/ENIS, police or park facilities. The impact fees for such developments should be reduced by the value of prior land dedications, facility construction or monetary payments for the type of facility for which the fee is charged Prior to development, vacant land has generated property tax revenues that have been used, in part, to fund existing capital facilities. As shown in Table 32, property taxes currently comprise 52.6 percent of the City's annual general fund revenues. Table 32 GENERAL FUND REVENUES Revenue Source Amount Percent Property Taxes $12,977,641 52.60% Other Taxes $2,949,698 11.96% Intergovernmental $3,373,253 13.67% Other $5,371,917 21.77% Total $24,672,509 100.00% Source: City of Palm Beach Gardens, 199912000 Annual Budget, October 1, 1999. Vacant land, however, generates only 5.5 percent of property tax revenues, as shown in Table 33. Table 33 PROPERTY TAXES FROM VACANT LAND Land Use Taxable Value Percent Developed $3,065,702,457 94.5% Undeveloped /Agricultural $179,289,556 5.5% Total $3,244,992,013 100.0% Source: Assessed values for City of Palm Beach Gardens from Palm Beach County Property Appraiser. November 1999. Because vacant land generates so little propertytax revenue for the City, even if all existing infrastructure had been financed with general fund revenues, new development would have contributed only 2.9 percent of the cost of its share of existing capital facilities, as summarized in Table 34. The impact fees will be reduced by this percentage to account for past property tax revenues generated by newly developing properties and used to construct existing capital facilities. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, PagW • • APPENDIX C: DEBT SERVICE CREDITS Table 34 VACANT LAND TAX CREDIT Property Tax Percent of General Fund 52.6% Percent Property Taxes Paid by Vacant Land 5.5% Percent General Fund Paid by Vacant Land 2.9% Source: Property tax percent of general fund from Table 32; percent of property taxes paid by vacant land from Table 33. While new development contributed toward the creation of the aty's existing level of service through past property taxes, in the future the existing level of service will be maintained primarilythrough impact fees. To the extent that the City spends some general fund revenues to expand fire/EMS, police and park facilities in the future, the effect will be to increase the level of service. Development that has paid impact fees will be paying for this increased level of service, but on the same footing with existing development that did not pay impact fees. Consequently, no credit is due for future tax revenues that will be paid by new development and used to increase the level of service for fire/EMS, police and park facilities. There are circumstances under which, if there is outstanding debt on existing fue/EMS and police protection and parks and recreation facilities, new development would help retire such bonds and might deserve credits for such payments against its impact fees. Voters authorized a $19 million municipal complex bond issue in 1997 that was used to reconstruct and expand the police station and the main fire station, purchase the Westminster Church across the street, which will be used for recreation activities, improve the park facilities within the municipal complex, and build a new city hall. The portion of the bond issue that was used to reconstruct and replace the existing police and fire stations are not subject to credits, since rehabilitation and replacement costs are not included in the impact fee but are the obligation of all residents and taxpayers, new and existing development alike. As shown in Table 35 below, the percentages of the total bond issue attributable to capital facility expansion are about 22 percent for police, 3 percent for fire/EMS and 30 percent for parks. The remainder of the bond issue was used for replacement/rehabilitation of the existing police and fire stations and for the city hall, Table 35 OUTSTANDING DEBT BY FACILITY TYPE Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Page Police Fire /EMS Parks City Hall Total Construction /Acquisition $4,522,830 $1,847,558 $4,459,316 $4,265,580 $15,095,284 Site Preparation $436,050 $145,350 $436,050 $436,050 $1,453,500 Demolition $56,250 $0 $0 $18,750 $75,000 Architectural/Engineering Fees $255,454 $85,150 $255,454 $255,454 $851,512 Bond Issuance Costs $52,500 $17,500 $52,500 $52,500 $175,000 Art in Public Places $36,494 $12,165 $36,494 $36,494 $121,647 Construction Management $237,207 $79,068 $237,207 $237,207 $790,689 Miscellaneous /Contingency $182,467 $60,822 $182,467 $182,467 $608,223 Total Cost $5,779,252 $2,247,613 $5,659,488 $5,484,502 $19,170,855 Capital Expansion Portion $4,289,711 $642,175 $5,659,488 Capital Percent of Total Issue 22.4% 3.3% 29.5% Source: Breakdown of total bond issue costs and construction /acquisition costs by facility type from City of Palm Beach Gardens, "Municipal Complex Improvements," July 21, 1997; demolition costs allocated 75% to police and 25% to city hall and remaining costs prorated among facility types on the basis of 30% each for police, parks and city hall and 10% for fire, according to City of Palm Beach Gardens Finance Director, March 14, 2000 telephone conversation; capital expansion portion of police is the net 25,919 square feet expansion over the total 34,919 square foot police station; capital expansion portion of the fire station is the 6,000 square foot expansion of the expanded 21,000 square foot station. Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, Page U-1 • • APPENDIX C: DEBT SERVICE CREDITS The Qty has used some interest earnings and has received some donations that it has used instead of bond proceeds to finance some of the costs. To-date, the City has issued $17,225,000 in bonds and estimates that it will need to issue $545,000 more for a total of $17.8 million. Approximately $0.6 million has already been retired. The remaining debt service (including the estimated debt service for the remaining $0.5 million yt:t to be issued) for the municipal complex is summarized in Table 36. Table 36 DEBT SERVICE SCHEDULE Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, PagM Principal Interest Total Year Payments Payments Debt Service 2000 $614,149 $810,171 $1,424,320 2001 $622,676 $782,153 $1,404,829 2002 $648,412 $753,513 $1,401,925 2003 $674,149 $723,617 $1,397,766 2004 $709,885 $692,242 $1,402,127 2005 $741,358 $659,241 $1,400,599 2006 $777,095 $624,557 $1,401,652 2007 $807,831 $588,104 $1,395,935 2008 $849,304 $550,096 $1,399,400 2009 $890,777 $509,906 $1,400,683 2010 $931,514 $467,514 $1,399,028 2011 $972,986 $422,933 $1,395,919 2012 $1,024,459 $376,256 $1,400,715 2013 $1,080,932 $326,538 $1,407,470 2014 $1,127,405 $274,230 $1,401,635 2015 $1,193,878 $219,431 $1,413,309 2016 $1,250,351 $161,203 $1,411,554 2017 $1,317,561 $100,245 $1,417,806 2018 $634,034 $44,691 $678,725 2019 $321,244 $15,331 $336,57': Total $17,190,000 $9,101,972 $26,291,972 Source: Debt service for Series 1996, 1997, 1998 and 1999 bonds from City of Palm Beach Gardens, Comprehensive Annual Financial Report Year Ended September 30, 1999 (debt service schedule for $545,000 unissued debt estimated based on Series 1999 bonds). Palm Beach GardensVMPACTFEE UPDATE September 7, 2000, PagM • c, • bj CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 7, 2000 Date Prepared: October 30, 2000 SUBJECT /AGENDA ITEM Second Reading /Public Hearing: Ordinance 29, 2000, a request for conditional use approval of an 8,620 square -foot fire /police station. RECOMMENDATION Staff recommends approval of Ordinance 29, 2000. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attome Growth Management [ ] Approved Finance NA $ [ ] Approved w/ ACM � Current FY conditions Human Res. NA [ ] Denied Advertised: Other NA Funding Source: [ ] Continued to: Attachments: Date: 11/6/00 [ ] Operating Paper: The Palm [ ] Other • Ordinance 29, 2000 Beach Post [ ] Not Required Squrmitted y: h agement Affected parties Budget Acct. #:: Director JX] Notified [ ] None Approved City Man e [ ] Not required REQUEST Gee & Jenson E -A -P, Inc., agent for the City of Palm Beach Gardens, is requesting approval of a conditional use for an 8,620 square -foot fire /police station that will include a 3,363 square -foot fire station, a 3,448 square -foot truck bay, a 1,809 square -foot police sub - station, and a future 4,500 square -foot training facility in phase 2. The 8 -acre site is located on the northeast corner of Howell Lane and Northlake Boulevard. (14- 42S -42E) • City Council Meeting Date: December 7, 2000 Date Prepared: October 30, 2000 Petition CU -00 -01 BACKGROUND The 8 -acre site was originally given to the City by the Ballenlsles residential development to meet a Community Impacts condition listed under Ordinance 8, 1989. The site had a future land use of Recreation Open Space (ROS), however, the land use was subsequently changed to Public (P), and the site was given to the Fire and Police Departments for their use. The site will house a 3,363 square -foot fire station, a 3,448 square -foot truck bay, a 1,809 square -foot police sub - station, and a future 4,500 square -foot training facility in phase 2 of the site. The location of the site on Northlake Boulevard, west of Military Trail, will enable the station to provide emergency services (with a reduced response time) to the residential and non - residential developments nearby, including Ballenlsles, Gardens Hunt Club, Cypress Hollow, Horseshoe Acres, and Christ Fellowship Church. LAND USE & ZONING The subject site is zoned Public or Institutional (P /1), has a future land -use designation of Public (P), and is listed as Recreation Open Space (ROS) on the Vision Plan. For a complete listing of adjacent uses, land -use designations and zoning districts, see Table 1 on the following page. Table 2 on page four (4) examines how consistent the proposed use is with the City Code. CONCURRENCY The proposed project received concurrency certification on July 7, 2000, which included concurrency for traffic, drainage, solid waste, sewer and water. Per the May 8, 2000 traffic statement prepared by Maria Tejera Palombo, P.E., the buildout date for this project is December 31, 2001. PROCEDURE This is a request for conditional use approval. The request is reviewed by City Staff (Staff evaluates conditional uses using specific criteria established in Section 29 of the City's Land Development Regulations) and the Development Review Committee, who forward comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request for conditional use approval, and makes a final determination of approval, approval with conditions, or denial. 0 2 • City Council Meeting Date: December 7, 2000 Date Prepared: October 30, 2000 Petition CU -00 -01 Subject Property Vacant/Undeveloped Public or Institutional Public (P /I) (P) North Ballenlsles Residential Medium Residential Medium (RM) Density (RM) South Hidden Hollow Residential Low Density — Residential Low (RL) 3 (RL -3) with a Planned Unit Development (PUD) overlay West Church Day Camp in Agricultural Residential Agricultural Residential Unincorporated Palm (AR) (AR) Beach County East FPL Square Lake Public or Institutional Public Substation (P /I) (P) Agricultural Residential Private Nursery in Agricultural Residential Unincorporated Palm (AR) (AR) Beach County 3 I City Council Meeting Date: December T, 2000 Date Prepared: October 30, 2000 Petition CU -00 -01 PROJECT DETAILS General Details The 8 -acre site is located on the northeast corner of Howell Lane and Northlake Boulevard. The site will house an 8,620 square -foot fire /police station that will include a 3,363 square - foot fire station, a 3,448 square -foot truck bay, a 1,809 square -foot police sub - station, and a future 4,500 square -foot training facility in phase 2 of the site. The site will have two (2) curb cuts along Northlake Boulevard and three (3) curb cuts along Howell Lane. The site will also have an access easement through it that will serve the FPL substation along the northeast boundary of the site. Please note that this petition is only for the conditional use being proposed (fire /police station). The evaluation of the actual site plan details, including landscaping, will be done through the review of the site plan petition for the proposed development (SP- 00 -12). Tentatively, the site plan petition (SP- 00 -12) is scheduled for review by City Council at their November 16, 2000 meeting (in conjunction with the second reading and public hearing for the conditional use petition — CU- 00 -01). Landscaping/Buffering The site will have a 15 -foot landscape buffer along its boundaries with Northlake Boulevard and Howell Lane, and an 8 -foot landscape buffer along all other site boundaries. The northern most section of the site (bordering the FPL substation) will be used solely for drainage and screening purposes, and will include a .74 -acre lake. Phasinq The proposed development will be constructed in two (2) phases. The future second phase will house a 4,500 square -foot training facility and will be required to obtain site plan 4 City Council Meeting Date: December 7, 2000 Date Prepared: October 30, 2000 Petition CU -00 -01 approval from the City; concurrency and conditional use for the future second phase shall be established with the approval of this petition. Traffic concurrency will expire on December 31, 2001. Drainaqe The proposed project will utilize on -site inlets, culverts, swales, and facilities for both dry detention and wet retention. The outfall from the project site is via a proposed drainage structure located in the northwest corner of the parcel. This structure will be connected to N.P.B.C.I.D. Unit Number 31 (Ballenisles, Basin 3C) drainage system by a storm drainage system located within Howell Lane. Discharge will be limited to the allowable rate for the SFWMD C -17 canal. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) To date, no objections regarding the proposed use have been received from the following departments and agencies: Planning and Zoning Division, Building Division, Fire Department, Police Department, Parks & Recreation Department, Public Works Department, City Engineering, City Legal, Seacoast Utility Authority, Palm Beach County School District, South Florida Water Management District, Northern Palm Beach County Improvement District, Waste Management, and Florida Power & Light. OUTSTANDING ISSUES To date, there are no major outstanding issues regarding this petition. RECOMMENDATION Staff recommends approval of petition CU- 00 -01. PLANNING & ZONING COMMISSION The Planning and Zoning Commission heard this petition as a workshop on September 12, 2000, and at a public hearing on September 26, 2000. The Commission only voiced comments regarding some of the site plan issues (petition SP- 00 -12). The Commission voted 6 — 0 to recommend approval of petition CU -00 -01. CITY COUNCIL City Council approved this petition on first reading at their October 19, 2000 meeting. gfjohn: cu0001.cc3 September 28, 2000 October 30, 2000 ORDINANCE 29, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A CONDITIONAL USE FOR AN 8,620 SQUARE -FOOT FIRE /POLICE STATION AT THE NORTHEAST CORNER OF HOWELL LANE AND NORTHLAKE BOULEVARD; _ PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from the City of Palm Beach Gardens for conditional use approval for an 8,620 square -foot fire /police station (including a 3,363 square -foot fire station, a 3,448 square -foot truck bay, a 1,809 square -foot police sub - station, and a future 4,500 square -foot training facility in phase 2), to be located at the northeast corner of Howell Lane and Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto; and.. WHEREAS, the 8 -acre "Fire /Police Station #3" site is currently zoned Public or Institutional (P /1); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of said application; and WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved; and WHEREAS, the site plan approval for this site shall be accomplished through the adoption of Resolution 93, 2000; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: • 6 C� Ordinance 29,2000 Meeting Date: December 7, 2000 Date Prepared: October 30, 2000 Petition CU -00 -01 SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the conditional use for a 8,620 square -foot fire /police station at the northeast corner of Howell Lane and Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, to permit the construction of a 3,363 square -foot fire station, a 3,448 square -foot truck bay, a 1,809 square -foot police sub - station, and a future 4,500 square -foot training facility in Phase 2 of the development. SECTION 2. The buildout date for both phases of this project is December 31, 2001, as stated in the May 8, 2000 traffic statement prepared by Maria Tejera Palombo, P.E. SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 4. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 5. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 19' DAY OF OCTOBER 2000. PLACED ON SECOND READING THIS DAY OF 2000. PASSED AND ADOPTED THIS DAY OF 2000. 7 • Ordinance 29, 2000 Meeting Date: December 7, 2000 Date Prepared: October 30,2000 Petition CU -00 -01 ABSENT i i MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST BY: CAROL GOLD CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g /john: cu0001.or3 0 8 ABSENT i i • Ordinance 29, 2000 Meeting Date: December T, 2000 Date Prepared: October 30, 2000 Petition CU -00 -01 EXHIBIT "A" (PROVIDED BY CUENT — O.R.B. 6441. PG. 1405XH) THAT PORTION OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST IN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 460.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION WITH THE WEST LINE OF THE EAST 430.00 FEET OF SAID SECTION; THENCE SOUTH 01'43'07" WEST ALONG SAID WEST LINE A DISTANCE OF 460.00 FEET TO THE SOUTH LINE-OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 88'27'48" EAST ALONG SAID SOUTH LINE A DISTANCE OF 98.79 FEET TO THE WEST LINE OF THE EAST HALF (OF THE SOUTHEAST "ONE - QUARTER) OF THE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE SOUTH 01'44'52" WEST ALONG SAID WEST LINE A DISTANCE OF 664.68 FEET TO THE SOUTH LINE OF SAID SECTION; THENCE NORTH 88'30'27" WEST ALONG SAID SOUTH LINE A DISTANCE OF 331.55 FEET TO THE WEST LINE OF THE EAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTH 01'46'37" EAST ALONG SAID WEST LINE A DISTANCE OF 1,124.94 FEET TO SAID NORTH LINE OF THE SOUTH 460.00 FEET OF SAID NORTH- EAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE CONTINUE NORTH 01'46'37"' EAST ALONG SAID WEST LINE A DISTANCE OF 92.10 FEET; THENCE SOUTH 88'27'48" EAST A DISTANCE OF 231.87 FEET TO SAID WEST LINE OF THE EAST 430.00 FEET OF SAID SECTION; THENCE SOUTH 01'43'07" WEST ALONG SAID WEST LINE A DISTANCE OF 92.10 FEET TO THE POINT OF BEGINNING. • 9 I U : < I it" RLIG _ Y7 lw► oraa"Wa atara •tjN b UIW US 133115 335) 3M1 K11Y71 -------------------- �- --- -may-- r wcsaaem *arm" Koaa11 1 O 1 am <a 0 , I I1 1 1 1 1 1 1 1 1 t 7 1 1 1 t 1 1 { 1 i! 1 5 ` � 1 Y R R 1 R Q 7 J-il 1 1 I I;F ' 1 f fill n...— 4 ' 11d 115 sn= ssi ��� IE i {� 1 1 1 i 13 y 1w1w4 �M M wOy X11 w M. y r � �t11AA Mw • • ©90 s� m= C�� m� s�l Kvtiaaua ,. aavad n ovf►aaorn�ar,totvr�jdo muvc � �� WW � Ltid , CH a * 1 ass 3on(m +3uH s�a ap wad ! N to e ! j8 s3m N3 T" I !I II� WYwO, d IOOV! L0f1 f Ong qqY K I ' I I I �) 1 I a � , i 1 (LS 177115 775) 71Q7 IOIYII IL s R » 'f-` J R _ � � qttX■y ,� 14 s A Y i j � lit , , n d A a �.Y M� r+ fF �wf w •n.. �Y � fN faM Mw 1 • IN CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 7, 2000 Date Prepared: November 21, 2000 SUBJECT /AGENDA ITEM Public Hearing: Ordinance 30, 2000, a request to re -zone a 50 acre parcel of land from Planned Development Area to Public/] nstitutional with an overlay zoning of Planned Unit Development (PUD). RECOMMENDATION Staff recommends approval of petition PUD -00 -01 with nine conditions of approval. Staff is also recommending approval of three waivers from Land Development Regulation ro— 4— nfc I. REQUEST Urban Design Studio, agent for The Benjamin Private School, Inc., is requesting a rezoning to Planned Unit Development (PUD) from the existing Planned Development Area zoning for the development of a high school campus. The site is located approximately Y2 mile north of Hood Road, west of Central Boulevard. The 50 -acre site Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Approved Finance NA $ [ ] Approved w/ ACM Current FY conditions Human Res. NA ( ] Denied Advertised: Other NA Funding Source: [ ]Continued to: Attachments: Date: I ] Operating Paper: [ ] Other * Ordinance 30, 2000 [X] Not Required • Legal Description &YwAta by: G nageme nt Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City an ge [X] Not required I. REQUEST Urban Design Studio, agent for The Benjamin Private School, Inc., is requesting a rezoning to Planned Unit Development (PUD) from the existing Planned Development Area zoning for the development of a high school campus. The site is located approximately Y2 mile north of Hood Road, west of Central Boulevard. The 50 -acre site • • • City Council Meeting Date: December 7, 2000 Date Prepared: November 20, 2000 Petition PUD -00 -01 will contain 187,671 square feet of educational building space as well as athletic fields and amenities. (7- 42S -43E) II. BACKGROUND A. History This is a vacant parcel of land with Planned Development Area zoning. There have been no previous approvals by the City which affect the site, except for the requirement for a thoroughfare plan road to the south. B. Land Use and Zoning The subject site is currently zoned Planned Development Area (PDA). The petitioner is proposing a Planned Unit Development zoning with an underlying zoning of Public /Institutional. The Comprehensive Plan requires that all lands currently zoned PDA be rezoned to either Planned Unit Development or Planned Community District. The property presently has a future land -use designation of Residential Low (RL), and is listed as Residential Low on the Vision Plan. The Comprehensive Plan requires that the City change the land use to Public during the next round of "staff- initiated" Comprehensive Plan amendments following PUD approval. For a complete listing of adjacent uses, land -use designations and zoning districts, see Table 1 below. Table 2 on page four (4) examines how consistent the proposed project is with the City Code and future land -use designation for the site. Subject Property: I Planned Development Area I Residential Low Benjamin High School North I Planned Development Area I Residential Low Vacant South Planned Unit Development Residential Low San Michele Underlying Zoning RL -3 West Planned Development Area Residential Low Vacant East Public/Institutional/ Public Dwyer High School/ Planned Development Area Residential High Vacant 2 C7 City Council Meeting Date: December 7, 2000 Date Prepared: November 20, 2000 Petition PUD -00 -01 C. Concurrency The petitioner received concurrency certification on April 28, 2000 for traffic, drainage, water and sewer. Traffic concurrency is certified until the buildout date indicated in the Traffic Impact Analysis, which is December 31, 2004. Should the square footage indicated in the TIA not be constructed by such time , then the petitioner must undergo an additional Concurrency review prior to construction. Concurrency has been certified with no conditions. D. Development Review Committee The Development Review Committee members, representing public and private agencies affected by the proposed development, reviewed this petition on June 22, 2000. A listing of various departmental comments is attached. The applicant has submitted revised plans and other documents in response to DRC comments. E. Procedure This is a request to rezone to Planned Unit Development. The request is reviewed by City Staff and the Development Review Committee, who forward comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request for, and makes a final determination of approval, approval with conditions, or denial. Ill. PROJECT DETAILS A. Site Location and Existing Conditions The proposed project is located on a 50 -acre tract of land on the western side of Central Boulevard, approximately Y2 mile north of Hood Road. The tract is presently heavily wooded, consisting primarily of Upland Pine Woodland System. This consists primarily of slash pine tree story and saw palmetto understory. There is also a small wetland located on the eastern side property, adjacent to Central Boulevard. To the north, south and west are vacant lands. To the east, across Central Boulevard, are a vacant tract and the William T. Dwyer Public High School. To the south is vacant land, which has recently received development approval for the San Michele residential community, consisting of 90 single family homes. This land was owned by the MacArthur Foundation , was part of the sell -off to WCI, and is subject to the stipulations set forth in the Forbearance Agreement. The Benjamin School now owns the property. The petitioner is proposing a 187,671 square foot educational facility which will include classrooms, a performing arts facility, administrative and media centers, 0 3 C� • • City Council Meeting Date: December 7, 2000 Date Prepared: November 20, 2000 Petition PUD -00 -01 physical education facilities, food service facilities, field house facility, a soccer /track field, softball field, baseball field, football field and four tennis courts. B. Compliance with Land Development Regulations, Section 76 Site = Public/institutional Minimum Building Site Area = 2,178,000 sq. feet Yes 15,000 sf Minimum Site Width= 900 feet Yes 100 feet Maximum Building Lot 9% Yes Coverage 40% Maximum Building Height = 53 feet No 45 feet Front Setback = 155 feet Yes 25 feet Side Setback = 200 feet Yes 15 feet Side Setback Facing a Street = 128 feet Yes 15 feet Rear Setback = 202 feet Yes 15 feet C. Waiver Requests The petitioner is requesting waivers from the following code requirements: • Section 76, to allow for a 53 foot high structure to exceed code requirement by 8 feet. • Section 256, to allow for a sidewalk on only one side of the "Conceptual Thoroughfare Road ". • Section 180 (3) Number of Parking Spaces in excess of 10% required parking. • Section 282, Lake Maintenance Tract, to allow for vertical structures within the required lake maintenance easement. 4 City Council Meeting Date: December 7, 2000 Date Prepared: November 20, 2000 Petition PUD -00 -01 D. Proposed Building The property is intended to be developed as a 50 -acre private high school campus which will include 69,846 square feet of classrooms, 30,305 square feet of performing arts facilities, 18,362 square feet of administrative and media center facilities, 39,247 square feet of physical education facilities, 11,225 square feet of food service facilities, 18,684 square feet in field house facilities, one soccer /track field; one softball field; one baseball field; a soccer /football field; and four tennis courts. Approximately 490 students are expected to attend the private high school. The performing arts facility has a seating capacity of 490 seats. The performing arts facility and the athletic field will not be used simultaneously or during school hours. The high school is designed in a contemporary style featuring stucco buildings with towers and flat concrete tile roofs. The roof styles include mansard and hip. All rooftop equipment will be screened. The color scheme of the buildings will be peach and white. The school facilities will be one and two stories in height. The gymnasium and performing arts center will be greater in height. Art in Public Places The petitioner has been informed of the "Art in Public Places" program, should the cost of development exceed $1,000,000. The petitioner has indicated that they would like to designate an area on the site plan for an "Art in Public Places" location. The petitioner shall provide a note on the site plan indicating that exact location is to be determined in conjunction with the Art Advisory Board, after City Council approval. E. Signage The petitioner is proposing to bring back a sign package for review and approval by the Planning and Zoning Commission and the City Council at a later date. F. Landscaping and Buffering Section 102 of the Code of Ordinances requires a 25% preservation of all upland native communities located on site. Environmental consultant Jim Schnelle has determined that this required preservation area equivalent to 7.92 acres (memo dated November 18, 1999). The petitioner shall be providing 7.92 acres of preserved upland native community. In addition to the upland community preservation, the petitioner is proposing to preserve an existing wetland area. 0 5 City Council Meeting Date: December 7, 2000 Date Prepared: November 20, 2000 Petition PUD -00 -01 The petitioner shall be providing a total of 83,853 landscaping points. The landscape code requires 72,048.2 points of landscaping. The proposed development provides for a surplus of 11,804.8 points of landscaping. Of the 83,538 points provided, 52,900 points, or 63.3 %, are provided by existing vegetation preserved as upland native community and wetland. The petitioner has been notified that they will be required to provide littoral zone plantings. The City Forester has requested that the petitioner refrain from identifying littoral zone plantings and cross sections at this time, as these requirements are subject to change in the near future. Staff shall provide the petitioner with direction on how to meet the code requirements for littoral planting zones prior to City Council approval. Central Boulevard Parkway The proposed development is located along the Central Boulevard Parkway, as defined in Section 106 of the LDRs. This section requires that the developer preserve a 90 foot "parkway easement" of upland native system within the subject site, adjacent to the Central Boulevard right -of -way. Within the parkway shall be a six or twelve foot multi- use pathway shall be provided , pedestrian path, landscape medians, linear parks, greenbelts and landscaping buffers. The petitioner has provided for the 90 foot parkway easement, consisting of upland native system and meandering six foot multi - pathway system. The petitioner has also provided for landscaping within the median and road shoulder, consistent with the upland native community system theme as specified in Section 106 of the LDRs, titled "Parkways ". G. Parking Based on the revised LDRs Section 180 specifies that High Schools provide one space per classroom, plus one space per 250 square feet of office plus one space for every three students. The petitioner is proposing approximately 50 classrooms, 18,364 square feet of office space and 490 students. This would equate to approximately 288 parking spaces required. The petitioner is proposing 328 parking spaces. These spaces shall be located in two areas, adjacent to the administrative and academic buildings, and adjacent to the field house and athletic facilities. The total number of spaces provided is approximately 13.8% above code requirement. The excess parking is being provided for • 6 City Council Meeting Date: December 7, 2000 Date Prepared: November 20, 2000 Petition PUD -00 -01 "visitor' parking. The petitioner is requesting a waiver for exceeding more than 10 % of the number of spaces per code requirement (see attached waiver justification). H. Site Access and Circulation The petitioner is proposing three entrances, two of which shall connect to a roadway, to be constructed by the petitioner, which will run perpendicular to Central Boulevard. This yet to be named roadway is a segment of the Conceptual Thoroughfare Plan. This roadway will eventually run from Donald Ross Road to Alternate A1A, as specified in the Comprehensive Plan. A third entrance shall connect to Central Boulevard. This entrance will have controlled access, and will connect the parking area adjacent to the field house and sports complex. The petitioner will be providing a 6' foot multi -use pathway along Central Boulevard as well as a 5 foot meandering sidewalk along the future east -west road. This will be part of an overall pedestrian /bike system, which will tie in to an overall Citywide system. I. Drainage Drainage concurrency has been approved. Legal positive outfall from this site will be from the northern end of the site, into a Northern Palm Beach County improvement District Canal. The conceptual drainage plan indicates that there will be three retention facilities on site. The water feature in front of the academic campus will accommodate runoff from the proposed roadway (Conceptual Thoroughfare Plan Roadway) and from the parking and drive areas in front of the campus. The wetland will receive runoff from the academic campus area and back portions of the main parking lot. The retention pond in the rear of the property will receive runoff from the academic facilities and the front water feature. Outfall from the site will run from the rear retention pond to the Northern canal along the northern boundary of the site. This development shall be subject to the Northern Palm Beach County Improvement District Unit 2 condition of approval. J. Liqhtinq The petitioner is proposing parking lot lighting throughout the campus area. The petitioner is proposing stadium lighting for the athletic playing fields. The petitioner has submitted a lighting plan, which indicates that the highest footcandle reading bordering future residential property (to the west) is 0.45. Additional shielding on light fixtures may be required once future residential development is initiated. City Council Meeting Date: December 7, 2000 Date Prepared: November 20, 2000 Petition PUD -00 -01 J. Legal Non - Conformities There are no legal non - conformities on site. K. Plattinq The petitioner is proposing to plat and record this parcel, consistent with the approved site and master PUD plan, prior to the issuance of the first building permit. L. Phasing The petitioner has indicated that the development will be constructed in one phase. IV. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) This petition has received DRC certification. DRC certification indicates that all major outstanding issues have been resolved. Planning and Zoning Division Staff is not supporting a waiver from Section 256 of the LDRs entitled "Sidewalks ". Staff is not supporting this waiver based on concerns that this will create a "missing link" once development to the west occurs. To ensure that the western developments will have a continuous link to Central Boulevard Parkway system, staff considers this sidewalk segment to be essential. Therefore, this segment should be completed at this time. Staff has recommended that the petitioner provide irrigation and electrical service to the Central Boulevard medians as part of the City's Citywide Median Improvement Program. This program envisions upgrading the existing Native Upland Community System to include irrigated annuals, flowering species and lighting. The petitioner has indicated that they must "jack and bore" a conduit under Central Boulevard at the northern end of the site in order to extend water and sewer lines from the existing main. Staff is requiring that the petitioner add irrigation and electrical service to the Central Boulevard medians via this conduit and an "open cut" conduit connecting the north and south medians. Also as part of the overall City beautification program, staff is requiring that the petitioner utilize either a paver block system or a "bowmanite" pressed concrete system to delineate the crosswalk at the new "Conceptual Thoroughfare Plan Road ". The • 8 U], City Council Meeting Date: December 7, 2000 Date Prepared: November 20, 2000 Petition PUD -00 -01 petitioner should carry out this construction as part of the overall new construction of this roadway. See Public Works Comments City Forester The City Forester has reviewed this project and has made his recommendations on conditions of approval regarding littoral plant requirements, Central Boulevard Parkway plantings, and removal of exotics (memo dated July 17, 2000). The petitioner has responded to the other comments made by the City Forester. They have also revised landscape plans in response to comments made by the Planning and Zoning Commission at the August 8, 2000 workshop. The City Forester has reviewed the revised plans and has no outstanding concerns. City Engineer The petitioner has addressed the City Engineer's concerns by revising the site plans accordingly. The City Engineer shall review and comment on the revisions prior to Planning and Zoning public hearing. The City Engineer's office has reviewed the revised plans and has indicated that all major outstanding concerns have been addressed. The petitioner shall, however, provide for a letter from NPBCID that verifies the release of all ties /or holdings for the southern lake. Buildinq Division No concerns at this time (transmittal dated June 8, 2000) Public Works Jon Iles, Public Works Supervisor, has submitted a memo addressing the Citywide Median Planting Plan and beautification program. These issues are being worked out with the petitioner (memo dated June 12, 2000) This concern is being addressed through Condition of Approval #1. • 9 City Council Meeting Date: December 7, 2000 Date Prepared: November 20, 2000 Petition PUD -00 -01 Police Department The Department has submitted their Public Safety Recommendation Matrix. The petitioner has responded to the concerns of the Department in their July 5, 2000 memo (Police memo dated June 20, 2000) Fire Department The Site Plan and building elements meet Fire Rescue access standards (memo dated July 12, 2000). Seacoast Utilities Seacoast has reviewed the latest revisions and has made additional comments. Seacoast has identified a conflict between a water main and an exfiltration ditch. The have also identified a conflict between the existing Central Boulevard storm drain and the proposed sanitary sewer line running parallel to Central Boulevard. Seacoast has reviewed the revised plans and has indicated that all their outstanding concerns have been addressed. (Memo dated September 25, 2000) Northern Palm Beach County Improvement District No concerns at this time (memo dated June 13, 2000). V. PLANNING AND ZONING COMMISSION On August 28, 2000 the Planning and Zoning Commission held a public hearing on this petition. The Commission voted 7 -0 to recommend approval of this petition to City Council. The Commission also recommended approval of all four waivers requested by the petitioner by a 6 -1 vote. The Commission recommended approval with fourteen conditions, seven of which have been addressed by the petitioner. VI. CITY COUNCIL Conditions of Approval 9 10 City Council Meeting Date: December 7, 2000 Date Prepared: November 20, 2000 Petition PUD -00 -01 At its November 2, 2000 meeting, the City Council approved the passed Ordinance 30, 2000, which provides for the approval of petition PUD -00 -01 on first reading. Staff notified the City Council that three of the seven conditions need to be revised based on petitioner and staff requests. At this time, the condition modifications are still unresolved. Waiver Requests The City Council also indicated that they would not support the waiver request for the sidewalk requirement on the southern side of the Future East -West Roadway. Due to the fact that this petition was pre- advertised for a November 16 public hearing, staff is recommending that the public hearing be continued to a :date certain. VI. RECOMMENDATION OF APPROVAL At first reading, staff recommends approval of petition PUD -00 -01 with the following waivers from LDR requirements: • Section 76, to allow for a 53 foot high structure to exceed code requirement by 8 feet. • Section 180 (3) Number of Parking Spaces in excess of 10% required parking. • Section 282, Lake Maintenance Tract, to allow for vertical construction within a Lake Maintenance Easement. Staff supports the waiver request for the southern lake only, which is to be privately owned and maintained. Staff does not support a LME waiver request for the northern lake, a portion of which which is to be owned and maintained by Northern PBC Improvement District. Staff also recommended approval of petition PUD -00 -01 with 'the following conditions of approval: (1) Prior to issuance of the certification of completion for the athletic fields, the applicant, successors or assigns shall install and maintain in perpetuity, the Parkway System, including landscaping, irrigation, lighting and related amenities to City specifications per the citywide streetscaping beautification program, in the road shoulders and median within the right -of -way, along Central Boulevard and the future East -West Roadway. The City shall require, as a condition of approval of any new project located on the east side of Central Boulevard, across from subject site, that they bear the proportionate share of the cost of the continued maintenance thereof. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway 9 11 0 • City council Meeting Date: December 7, 2000 Date Prepared: November 20, 2000 Petition PUD -00 -01 maintenance around this project, the property owner, or its successors, shall immediately become a member of said District. The exact location of irrigation lines and electrical sleeving shall be determined at time of construction plan approval. (City Forester) (2) Prior to the issuance of Certificate of Occupancy, all exotic vegetation shall be removed from the site. (City Forester) (3) Prior to site plan approval, the applicant must submit-a letter from Northern Palm Beach County Improvement District (NPBCID) that verifies the release of all ties /holdings that NPBCID has or plans to have in the future with the lakes on the Benjamin School site. Therefore, all lakes will be required to remain privately owned and maintained. (City Engineer, Planning & Zoning) (4) No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 2 has received final approval from the City of Palm Beach Gardens and all other applicable governments and agencies, including a schedule for implementing the plan and a definitive commitment for funding from the required improvements. (City Engineer, Planning and Zoning) (5) The build -out date of this project is December 31, 2004 as referenced in their March 10, 1999 traffic impact analysis. For the purposes of this condition, the project shall be considered built -out if the student enrollment has reached the level as indicated in the traffic impact analysis, or 50% of square footage approved by this ordinance is completed. Enrollment shall be verified by City Staff prior to the build -out date. (Planning and Zoning) (6) Prior to the issuance of the permit for site drainage, the City shall review and approve construction details for littoral zones, including their location, slopes and vegetation. As a requirement, at least 50% of the shoreline shall be planted with wetland trees and /or aquatic plants at ten square feet of littoral zone for every one linear feet of shoreline. There shall be a minimum of one tree for every 80 square feet and plants shall be on three -foot centers, minimum. A sum total of area(s) constituting no less than 15% nor more than 25% of the total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf per running foot of shoreline. (City Engineer) 12 City Council Meeting Date: December 7, 2000 Date Prepared: November 20, 2000 Petition PUD -00 -01 (7) Prior to issuance of certificate of occupancy, the applicant shall submit all legal documents pertaining to ownership and maintenance of the property to the City for review by the City's legal counsel and the City Forester. (8) The open space /landscape maintenance and environmental preserve management plan shall be found sufficient by the City Forester prior to final approval of construction drawings or commencement of land alteration. The City shall review documents for landscaping maintenance and management language that meets or exceeds the City's guidelines included in the City's Landscape Handbook and City Codes. (9) The City will assess the Developer a pro -rata share of the City's cost to review and comment on Northern Palm Beach County Improvement District's (NPBCID) Unit 2 Environmental Resource Permit Modification based upon the project's acreage within NPBCID's Unit 2. Staff is recommending denial of the following waiver request: • Section 256, entitled "sidewalks" which requires both sides of roadways to have a minimum five foot wide sidewalk. The applicant is requesting to build a sidewalk only on the north side of the east -west road. • Section 282, entitled Lake Maintenance Tracts, for the northern lake, a portion of which is to be owned and maintained by the Northern PBC Improvement District. 0 13 nRA I 1001- Pg 161 0 EDIT A LEGAL DESCRIPTION PARCEL ON CENTRAL BOULEVARD A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION of THE SOUTH RIGHT -OF -WAY LINE OF DONALD .ROSS ROAD WITH THE WEST RIGHT -OF -WAY LINE OF CENTRAL BOULEVARD, THENCE, SOUTH 00 °48'04" WEST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1269.31 FEET FOR A POINT OF BEGINNING. THENCE, CONTINUE SOUTH 00 048'04" WEST ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 2335.74 FEET; THENCE, NORTH 8° °11'56" WEST, DEPARTING SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 944.95 FEET TO THE INTERSECTION THEREOF WITH THE WEST LINE OF THE SOUTH ONE -HALF OF SSAID SECTION 25; THENCE, NORTH 01 017'32" EAST, ALONG SAID WEST LINE OF SECTION 25, A DISTANCE OF 1080.56 FEET TO THE WEST ONE- QUARTER CORNER OF SAID SECTION 25; THENCE, NORTH 01 °20'37" EAST, ALONG THE WEST LINE OF THE NORTH ONE -HALF OF SAID SECTION 25, A DISTANCE OF 1274.76 FEET; THENCE, SOUTH 89 051'04" EAST, DEPARTING SAID WEST LINE OF SECTION 25, A DISTANCE OF 923.93 FEET TO THE POINT OF BEGINNING. 0 Ordinance 30, 2000 Date Prepared: November 20, 2000 ORDINANCE 30, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF THE BENJAMIN PRIVATE SCHOOL, INC., FOR REZONING OF 50 ACRES OF LAND, LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF CENTRAL BOULEVARD AND AN UNNAMED FUTURE EAST -WEST ROAD AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PLANNED DEVELOPMENT AREA (PDA) TO PUBLIC /INSTITUTIONAL (P 11) WITH A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY, IN ORDER TO CONSTRUCT A 187,671 SQUARE FOOT PRIVATE HIGH SCHOOL CAMPUS; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from The Benjamin Private School, Inc., for approval of rezoning of 50 acres of land located at the northwest corner of the intersection of Central Boulevard and unnamed future east -west road from Planned Development Area (PDA) to Public /Institutional (P /1) with a Planned Unit Development (PUD) overlay as more particularly described in Exhibit "A" attached hereto; WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the planned unit development (PUD) known as "The Benjamin Private Upper School "; and WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions. L Ordinance 30, 2000 Date Prepared: November 20, 2000 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby rezones 50 acres of land owned by The Benjamin School, Inc., located at the northwest comer of the intersection of Central Boulevard and unnamed future road, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, from Planned Development Area (PDA) to Public /Institutional (P /1) with a Planned Unit Development (PUD) overlay, in order to allow the construction of a 187,671 square foot private high school campus. The PUD will be known as "The Benjamin Private Upper School." SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors or assigns: (1) Prior to issuance of the certification of completion for the athletic fields, the applicant, successors or assigns shall install and maintain in perpetuity, the Parkway System, including landscaping, irrigation, lighting and related amenities to City specifications per the citywide streetscaping beautification program, in the road shoulders and median within the right -of -way, along Central Boulevard and the future East -West Roadway. The City shall require, as a condition of approval of any new project located on the east side of Central Boulevard, across from subject site, that they bear the proportionate share of the cost of the continued maintenance thereof. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance around this project, the property owner, or its successors, shall immediately become a member of said District. The exact location of irrigation lines and electrical sleeving shall be determined at time of construction plan approval. (City Forester) (2) Prior to the issuance of Certificate of Occupancy, all exotic vegetation shall be removed from the site. (City Forester) (3) Prior to site plan approval, the applicant must submit a letter from Northern Palm Beach County Improvement District (NPBCID) that verifies the release of all ties /holdings that NPBCID has or plans to have in the future with the lakes on the Benjamin School site. Ordinance 30 2000 Date Prepared: November 20, 2000 Therefore, all lakes will be required to remain privately owned and maintained. (City Engineer, Planning & Zoning) (4) No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 2 has received final approval from the City of Palm Beach Gardens and all other applicable governments and agencies, including a schedule for implementing the plan and a definitive commitment for funding from the required improvements. (City Engineer, Planning and Zoning) (5) The build -out date of this project is December 31, 2004 as referenced in their March 10, 1999 traffic impact analysis. For the purposes of this condition, the project shall be considered built -out if the student enrollment has reached the level as indicated in the traffic impact analysis, or 50% of square footage approved by this ordinance is completed. Enrollment shalt, be verified by City Staff prior to the build -out date. (Planning and Zoning) (6) Prior to the issuance of the permit for site drainage, the City shall review and approve construction details for littoral zones, including their location, slopes and vegetation. As a requirement, at least 50% of the shoreline shall be planted with wetland trees and /or aquatic plants at ten square feet of littoral zone for every one linear feet of shoreline. There shall be a minimum of one tree for every 80 square feet and plants shall be on three -foot centers, minimum. A sum total of area(s) constituting no less than 15% nor more than 25% of the total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf per running foot of shoreline. (City Engineer) (7) Prior to issuance of certificate of occupancy, the applicant shall submit all legal documents pertaining to ownership and maintenance of the property to the City for review by the City's legal counsel and the City Forester. (Planning and Zoning, City Engineer) (8) The open space /landscape maintenance and environmental preserve management plan shall be found sufficient by the City Forester prior to final approval of construction drawings or commencement of land alteration. The City shall review documents for landscaping maintenance and management language that meets 0 3 • Ordinance 30, 2000 Date Prepared: November 20, 2000 or exceeds the City's guidelines included in the City's Landscape Handbook and City Codes. (Planning and Zoning) (9) The City will assess the Developer a pro -rata share of the City's cost to review and comment on Northern Palm Beach County Improvement District's (NPBCID) Unit 2 Environmental Resource Permit Modification based upon the project's acreage within NPBCID's Unit 2. (City Engineer) SECTION 3. The following waivers are hereby granted with this approval: • Section 76, to allow for a 53 foot high structure to exceed code requirement by 8 feet. • Section 180 (3), Number of Parking Spaces in excess of 10% required parking. • Section 282, Lake Maintenance Tract, to allow for vertical structures within the 25 foot Lake Maintenance Easement. SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. October 3, 2000 Master Site Plan, Urban Design Studio, Sheets SPA through SP -3. 2. September 7, 2000 Engineering and Landscape Plan, Urban Design Studio, 1 Sheet. 3. October 3, 2000 Landscape Plans, Urban Design Studio, Sheets 1 through 6. 4. September 8, 2000 Plant List and Detail Sheet, Urban Design Studio, 1 Sheet. 5. September 7, 2000 PUD Parkway Plan, Urban Design Studio, 12 Sheets. 6. April 5, 2000 Architectural Elevations and Plans, Schwab, Twitty and Hanser, Sheets A -1.1.1 through A -3.1.3 and A- 3.1.5. 7. August 9, 2000 Architectural Elevations, Schwab, Twitty and Hanser, Sheet A- 3.1.4. 8. July 6, 2000 Sports Complex Lighting Design, Hubbell Lighting, 1 Sheet 9. October 2, 2000 Photometric Plan, AGI , 1 Sheet 10. October 6, 2000 Conceptual Drainage Plan, Scheaffer and 0 4 i Ordinance 30 2000 Date Prepared: November 20, 2000 Fagan, 2 Sheets. 11. April 13, 2000 Boundary and Topographic Survey, Benchmark Surveying, 2 Sheets. 12. March 10, 1999 Traffic Impact Analysis, Kimley — Horn Associates, 17 pages 13. March, 1999 Environmental Assessment, E.W. Consultants, 16 pages. SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 6. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THE 2nd DAY OF NOVEMBER 2000. PLACED ON SECOND READING THIS DAY OF 200_ PASSED AND ADOPTED THIS DAY OF 200_ ... MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO 5 • • • Ordinance 30, 2000 Date Prepared: November 20,.2000 ATTEST BY: CAROL GOLD INTERIM CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO 11 FILE_SWCOMPROMShort Rangelpud0001or1.doc 6 NAY ABSENT i i i i • t// �W CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 20,2000 Meeting Date: December 7, 2000 Subject/Agenda Item: Consideration of Approval: Resolution 29, 2000: (Petition MISC- 00 -01): Fairway Office Center Site Plan Amendment, a request by Merin, Hunter, Codman Inc., agent for 7100 Fairway LLC, to consider a petition for an amendment to the approved site plan for Fairway Office Building to incorporate 66 covered parking spaces. Recommendation/Motion: Qtaff rPrnmmPnAc that thA (';tv 1'n17nC;1 9nnrnve. RP.Srll ition 29. 2000_ Reviewed by: Originating Dept.: Costs: $_0_ Council Action: Total City Attorney Growth Management 1 ] Approved Finance N/A $ 0 1 ] Approved w/ Current FY conditions ACM [ 1 Denied Advertised: Other N/A Funding Source: [ 1 Continued to: Date: 1 ] Operating Attachments: Resolution 29, 2000 Paper: [ J Other N/A 3 /8 /00 Plans A -1.1,L -1,L -2 10124/00 NAI Letter 10/23/00 PGA HOA Letter 11/15/00 City Forester Ltr 2/25/00 Fire Dept. Memo 3/14/00 Seacoast Letter 2123/00 LBFH Letter 2/16/00 Bldg. Official Memo [ x J Not Required Details Sheet �Management Affected pa rties ( J Notified Budget Acct. #: 1 ] None App*xi :. City (x ]Not required I/ BACKGROUND: The Fairway Office Center is located on a 12 -acre parcel within PGA National Planned Community District (PCD) and is bound on the north by PGA Boulevard, to the south by Fairway Drive, to the east by the Bascom Palmer Site, and to the west by Avenue of the Champions. The PGA National Date prepared: November 20, 2000 Meeting Date: December 7, 2000 Petition MISC -00 -01 Page 2 of 5 DRI was approved on August 31,1978 by Resolution 43, 1978. On February 1, 1979, City Council approved the PGA National Planned Community District by Ordinance 34, 1978. The site plan for Fairway Office Center was approved on July 16, 1998 by Resolution 55, 1998. The site plan was approved for two office buildings totaling 176,600 square feet, to be completed in two phases. Phase one for this project has been completed (88,300 square feet and 365 parking spaces) and the petitioner will be receiving a Certificate of Occupancy once all staff' comments are satisfied and the plat is approved. This request includes both phase 1 and phase 2, which will be built later. The proposed covered parking is made of metal standing seam roof with a beige color that matches the existing building's canopy entry roof. The support structure is steel tube columns with the same color as the roof. DISCUSSION A. Land Use and Zoning The current land use designation for the subject site is Commercial (C) with a Planned Community District (PCD) zoning. For a complete listing of adjacent uses, land use designations and zoning districts, see Table I. B. Proposed Amendment The petitioner is proposing to provide 66 covered parking spaces where the original spaces were approved. The location of parking spaces and the circulation on the site will remain the same. Except as discussed below under "waiver ", the applicant's proposal complies with all of the code criteria for covered parking found in Section 190. They have submitted a certification from an engineer indicating that the covered parking structure will meet the design criteria for 110 -mph wind speed and wind loading. C. Waivers The petitioner is requesting three waivers as shown below: (1) The number of covered parking spaces allowed for this project. According to Section 190 (g), Maximum Amount, of the Land Development Regulations, "Covered parking structures shall not exceed five percent of the required parking for the site." There are 589 parking spaces required for this project; therefore, the allowable number of covered parking is 30 spaces, whereas, 66 covered parking spaces are proposed. The proposed Date prepared: November 20, 2000 Meeting Date: December 7, 2000 Petition MISC -00 -0 1 Page 3 of 5 number of covered spaces is 11% of the total required spaces. The petitioner has indicated that due to the Class A nature of the office building and the type of tenants who will occupy the building, there is a need to provide covered parking in excess of what is currently allowed by the code. (2) Landscaping. According to Section 190 (f), Landscaping, of the Land Development Regulations, the installation of the covered parking structure shall not interfere with the natural growth of the required landscaping. The petitioner has indicated any landscaping that may be affected by the covered parking will be relocated on site to further screen the structures from local traffic. They propose to install additional shade - tolerant shrubs in those areas where trees are to be removed and relocated to accommodate the proposed covered parking. (3) Location. According to Section 190 (h), Location, of the Land Development Regulations, Covered parking structures shall be located in the rear of the principal building to which the parking structure is accessory. TABLE I F Y9TING ZONING AND LAND USE DESIGNATIONS & SITE ANALYSIS EXISTING USE ZONING LAND USE Subject Property Planned Community District Commercial Office (PCD) (C) North Planned Development Area Commercial Vacant (PDA) (C) South Planned Community District Commercial Fairway Office Plaza (PCD) (C) East Planned Community District Commercial Bascom Palmer Site (PCD) (C) West Planned Community District Professional Office PGA Headquarters (PCD) (PO) • • Date prepared: November 20, 2000 Meeting Date: December 7, 2000 Petition MISC -00 -01 Page 4 of 5 CONSISTENCY WITH THE CODE Consistent Code Requirement Proposed Plan Yes PCD- Planned Community District, Commercial Office Yes Lot Coverage (35 %) 8% Yes Parking 589 Spaces 665 spaces Yes Front Setback: 50' 410'9" Yes Side Setback: 15' -40' 122' Yes Rear Setback (PGA): 55' 8218" Waiver (previously granted) Building Height: 36' Max. 62' Yes Open Space (15 %) 38.5% C. Procedure This request has been classified as a miscellaneous petition since the development review processes outlined in Section 20 are not applicable. The changes are greater than can be approved administratively and less than what would be considered as a major amendment to the site plan. The City Council has the authority to approve the request, approve with conditions, or deny the request. D. Project Details The petitioner is proposing an amendment to the site plan approved by Resolution 55, 1998 for the Fairway Office Center located within the PGA National Planned Community District. The amendment is to construct 66 covered parking spaces where the original parking spaces were proposed. The petitioner has stated in the application that the request is necessary due to the fact that the new building will be a class A office building and will be occupied by corporate executives who need covered parking for the protection of their vehicles. The petitioner has also stated that the covered parking will be surrounded by landscape berms and plantings that are high enough to buffer the structures from PGA Boulevard. Date prepared: November 20, 2000 Meeting Date: December 7, 2000 Petition MISC -00 -01 Page 5 of 5 It should also be noted that the PGA National Property Owners Association Architectural Review Committee has reviewed and approved the covered parking request as submitted using the beige vinyl awning. The attached letter dated October 23, 2000, from the Association also states that no additional trees will be required around parking enclosure due to the existing landscaping in the islands. Any trees removed to construct the structure must be relocated on site. Staff/Agency Comments: City Forester Mark Hendrickson has reviewed the plans and recommends: a. That the awning design for the covered parking be redesigned so that no trees or palms are removed as required under Section 190(f). He does not agree there is room on site to relocate the oaks and palms displaced by this proposal. He further suggests the awning design have openings for each landscaped parking island. b. The location of the phase two covered parking would require a waiver, which he would not support. He believes the location of the covered parking structure should be at the rear of the principal building and not along PGA Boulevard. • Building Official Jack Hanson has reviewed and approved the request. • Fire Department has approved the request. • Assistant City Engineer Sean Donahue has reviewed the petition and has stated that the applicant will need to request a waiver of the number of covered parking spaces. • Seacoast Utility Authority has reviewed and approved the petition. RECOMMENDATION: Staff recommends approval of Petition MISC -00 -01 subject to granting of the three requested waivers. G: short misc0001.cc2 jh • 0 Prepared November 20, 2000 RESOLUTION 29, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING RESOLUTION 55, 1998 TO ALLOW FOR THE CONSTRUCTION OF 66 COVERED PARKING SPACES IN THE FAIRWAY OFFICE CENTER LOCATED WITHIN THE PGA NATIONAL PLANNED COMMUNITY DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Merin, Hunter, Codman, Inc. to amend Resolution 55, 1998 to allow for the construction of 66 covered parking spaces within the PGA National Planned Community District; and WHEREAS, Resolution 55, 1998 was approved for two office buildings, totaling 176,600 square feet, known as The Fairway Office Center; and WHEREAS, the City's Growth Management Department has determined that approval of the requested amendment to Resolution 55, 1998 is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves Merin, Hunter, Codman, Inc.'s request for the construction of 66 covered parking spaces to be located in existing approved parking areas at the Fairway Office Center site located within the PGA National Planned Community District. SECTION 2. The following waivers are hereby granted with this approval: (1) Covered Parking Structures, Section 190 (g), Maximum Amount, which allows a maximum of 5% of the required parking to be designated as covered parking, to allow 11% of the required parking to be covered. (2) Landscaping, Section 190 (f), which requires that the installation of the covered parking structures not interfere with the natural growth of the required landscaping, to allow the relocation of 18 trees on site to further screen the structures from local traffic and to allow the installation of additional shade - tolerant shrubs in those areas where'trees are to be removed and relocated. • • Resolution 29, 2000 (3) Location, Section 190 (h), which requires, in part, that parking structures shall be located in the rear of the principal building to which the parking structure is accessory, to allow the structures to be located east of the Phase H building and south of the Phase 1 building as shown on Site Plan A -1.1. SECTION 3. Said approval shall be consistent with documents on file with the City's Growth Management Department as follows: 1. October 23, 2000, Site Plan A -1.1 by M.J. Anderson Architectural Services, Inc. 2. October 20, 2000 Landscape Development Plan, Sheets L -1 and L -2 by George G. Gentile & Associates, Inc. 3. November 30, 2000, Site Plan — Electrical, Sheet E -1 by M.J. Anderson Architectural Services 4. Color Sample Beige stamped February 3, 2000. SECTION 4. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF • JOSEPH RUSSO, MAYOR 2000 ERIC JABLIN, VICE MAYOR COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTESTED BY: CAROL GOLD, CITY CLERK • APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY it� Resolution 29, 2000 VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK • • AYE NAY ABSENT U] 5611471.6000 FAX 5611471-QM UHL ht1plAvwwmhae8LC0M N A MERIN*HUNTER i CODMAN, INC. COMMERCIAL REAL ESTATE SERVICES, WORLDWIDE. 1601 Forum place, Suite 200 West Palm Beach, FL 33401 November 17, 2000 C�n,OFpA` N� Mg�CyG48,9, Jackie Holloman, Planning Technician 1 City of Palm Beach Garde Growth Management Dept. PIANN/NG4 ? ZOQQ 10500 North Military Trail Z Palm Beach Gardens Florida 33410 QN /N�'QEpj Re: Fairway Office Center - vinyl Covered Parking Structures — Waiver Request Dear Jackie: Based upon your facsimile request of 11/16/00 (enclosed), please accept the following: Section 190 Covered parking structures. (f) Landscaping: The installation of the .................. of the required landscaping. The approved landscaping for Fairway Office Center exceeds the "on -site planting" requirements by 1295.3 pts. or (approx. 8 %). Our request to relocate eight existing trees (phase 1) and ten proposed trees (phase 2) is less than 2% of the trees on the entire site. As noted in our earlier letter of October 24, 2000 (enclosed) our proposal will not only provide "no net loss" of trees, but also increase the amount of landscape materials by adding eighteen shrubs. The displaced trees can be relocated along the perimeter of the site to provide further screening of the "parking structures" from adjacent roadways (including PGA Blvd.). (g) Maximum amount: Covered ................ .........................spaces on site. See earlier justification letter dated October 24, 2000 (enclosed) In over 300 Market) Worldwide: NAI America NAI Aria Pacific NAI Canada NAI Europe NAI 1 (h) Location: Covered parking structures ..................or as an amendment to an approved site plan. The location of the phase 2 covered parking was planned (as in phase 1) to be convenient to the side (secondary) entry of each building. The phase 2 "structure" is placed perpendicular to PGA Boulevard to minimize the "structures" profile from the roadway. This coupled with the large number of existing and proposed trees (approx. 14' in height), including those ten additional trees (relocated), will provide plenty of screening for the "structures" which are ten foot at their peak. The proposed "structures" are in compliance with the `set back" requirements of the section. As noted in earlier correspondence (included for your convenience) we have received approval for our proposal from the PGA ARC with an endorsement from the PGA National Board of Governors. We are herewith requesting approval of the proposal as submitted. Sincerely, MERIN ♦ HUNTER CODMAN, INC. Mike Everett Senior Project Manager Cc: J. Grossman & B. Tracy HAND DELIVERED (11/17/00) New America International MERIN • HUNTER • • MAIMERiN*HUNTER CODMM, INC. COMMERCIAL REAL ESTAITU- SERV1CFS. October 24, 2000 Bahareh Keshavarzy Senior Planner City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 501471 -SM FAA 5611471 -M URL htlp9A+aAKmhawLc= 1601 Foram Fbm S41e 200 KWtPAn Bm* R 33401 Re: Fairway Office Center - Vinyl Covered Parking Structures— Waiver Request and Justification Statement Dear Bahareh: Please find for resubmission six (6) sets each of MJA Architectural Drawing A -1.1 (10/12100) and Gentile & Assoc. Drawings L -1 and L -2 (10/20100) for your review. I've also included three (3) sets each of reduced versions of the plan, elevations of proposed "covered parking" structures and color swatches of the materials proposed for the covered parking at Fairway Office Center. Fairway Office Center with its lush landscaping, high tech facilities and pleasing exterior was conceived as a Class A building. Our building is attracting corporate executives who drive expensive vehicles and have a real need for covered parking for protection of their automobiles, Based on our conversations with prospective clients the demand for covered parking spaces will out pace the present 5% allowed. Aesthetically speaking the covered parking areas are surrounded by landscaped berms that are high enough to conceal the structures from local traffic. Any landscaping that may be affected by the "covered parking" will be relocated on site to further screen the structures from local traffic. We also propose to install additional shade tolerant shrubs in those areas where trees are to be removed and relocated to accommodate the proposed "covered parking". Our proposal has been endorsed by the PGA National Board of Governors and approved by the Community's Architectural Review Committee (see enclosed letter dated 10/23/00). The location of the "covered parking" spaces is essentially the same as earlier submitted and is located out side the Seacoast Utility Easements. to aw 300 Markar Wmidwi& NAI Mmica NAI Aria Pacific NAI Canada NAI Ewips NAI • We now seek your approval to install sixty -six (66) "vinyl covered parking" spaces as noted on the attached plans. Sincerely, MERIN♦ HUNTER* CODMAN, INC. Mike Everett Senior Project Manager HAND DELIVERED (10/24/00) Cc: J. Grossman & B. Tracy vAo 1f- "nT.U7APrrin.:,Aw,1 ur r� PGA P1,-)PERTY OWNERS ASSOCINtION, INC. Shoppes On The Green 7100 Fairway Drive, Suite 29 Palm Beach Gardens, Florida 33418 IFIIMHONE (561) 617 -28M October 23, 2000 Fairway Office Center Merin - Hunter - Codman, Inc. 1601 Forum Place, Suite 200 West Palm Beach, F133401 Re: Architectural Review Request — Parking Structure/Awning Color and Landscaping At its October 19th, meeting, the POA Architectural Review Committee reviewed the above referenced request for aesthetic purposes and compliance with the PGA Property Owners Associations community standards. FAC$IM M (561) 611 -6314 It is the decision of the Committee to approve the request as submitted using the beige vinyl awning as submitted. Framework to be painted to match existing building. It is also noted that, no additional trees will be required around parking enclosure due to the existing landscaping in the islands. Any trees removed to construct the structure must be relocated on site. Owners are responsible to ensure that all modifications comply with state and local law, including, but not limited to, all pertinent building codes. Sincerel , 4irectJ Mett en or of Architectural Review and Compliance PQA Property Owners Association, Inc. jm:pjxl 4�9: kPA A"U'MP Y ^H is ,,,, yn `r�sw�s mluo3inauv �'o s d � o N v • r • vi Y �T i . II ZI31N3� ��I�O .lVf>12�Ity� Y Q IAAAA���q�F !lei cA6E a r � _s fcjy <t`'fa pFFF [y y -- •�,�- Waamom lore) a p ills 83PIlvd 005v9 SYg • .�+G IIl I '� If (I1 .t iY WIM D 1 1 3 S V H d I I ! I j e p l k o I i ' s u a p i e 0 y 3 e a a . 1 9 d � r — N R X31dNOD 3D1330 SAVM211`d3 1; . f s i a6 1!! � �� - won. ! a� a5ga sec c �g ag 3. a e�� ��9115kkkkkkk Sii; $< tit I iv Fg • Bs 0 FFpp��aaappasa s ppi 333 jpgg py"kkk6kRk 2 Ea Fd n. 2� � 0� g�g� yRtg�9jj q Ohio �p Z 9 .. =..R:i16Yx fie. 1 ::.:: •• _Q M _ §k 8 .� .R• €_ i n o[ a > i 21 W , n O < I'L 8ei ; i a �5 CD CD a[� CD 1tr `i `�� Vii• ��q'�� 6" - bi�tt 11 • '� "3��;0.1 1�J1 �f i halr%a. AR 1Hr 0002 OS W :01 OZ 130 EJ3 6M0'NV1d- 3dV3SONVI \II 3SVHd \33I330 AVX8IV3 2010 -96 \0000- 860V3\ 189 ,`� 9NI�NOZ •`� `. 7j - JNINNyb `�� 000 833 V 1 v i' 1 \ WARM f- X\ , - � P' . M W^ IMI ,1 �1 H L 0 o r w y 4 J p C j W J T a �njOC o� c x 4n x r r Xuflpy I W •X �GJC ' v 0 / /App W m � N s LL U Vr 3 3im h 6 � N 04 Z 1 d ac a 1 \ WARM f- X\ , - � P' . M W^ IMI ,1 �1 H L 0 o r w y 4 J p C j W J T a �njOC o� c x 4n x r r Xuflpy I W •X �GJC ' • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 7, 2000 Date Prepared: September 27, 2000 SUBJECT /AGENDA ITEM Consideration of Approval: Resolution 91, 2000, a request for site plan approval of an 8,620 square -foot fire /police station. RECOMMENDATION Staff recommends approval of Resolution 91, 2000, which contains conditions of approval. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorne Growth Management [ ] Approved Finance NA $ [ ] Approved w/ ACM j Current FY conditions Human Res. NA [ ] Denied Advertised: Other NA Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: • Resolution 91, 2000 Paper: [X] Not Required [ ]Other � T ed by: anagement t Affected parties Budget Acct. #:: Director [ J Notified [ ] None Approved b City Mana r [X] Not required REQUEST Gee & Jenson E -A -P, Inc., agent for the City of Palm Beach Gardens, is requesting approval of a site plan for an 8,620 square -foot fire /police station that will include a 3,363 square -foot fire station, a 3,448 square -foot truck bay, a 1,809 square -foot police sub- station, and a future 4,500 square -foot training facility in phase 2. The 8 -acre site is located on the northeast corner of Howell Lane and Northlake Boulevard. (14- 42S -42E) City Council Meeting Date: December 7, 2000 Date Prepared: September 27, 2000 Petition SP -00 -12 BACKGROUND The 8 -acre site was originally given to the City by the Ballenlsles residential development to meet a Community Impacts condition listed under Ordinance 8, 1989. The site had a future land use of Recreation Open Space (ROS), however, the land use was subsequently changed to Public (P), and the site was given to the Fire and Police Departments for their use. The site will house a 3,363 square -foot fire station, a 3,448 square -foot truck bay, a 1,809 square -foot police sub - station, and a future 4,500 square -foot training facility in phase 2 of the site. The location of the site on Northlake Boulevard, west of Military Trail, will enable the station to provide emergency services (with a reduced response time) to the residential and non - residential developments nearby, including Ballenlsles, Gardens Hunt Club, Cypress Hollow, Horseshoe Acres, and Christ Fellowship Church. LAND USE & ZONING The subject site is zoned Public or Institutional (P /1), has a future land -use designation of Public (P), and is listed as Recreation Open Space (ROS) on the Vision Plan. For a complete listing of adjacent uses, land -use designations and zoning districts, see Table 1 on the following page. Table 2 on page four (4) examines how consistent the proposed project is with the City Code and future land -use designation for the site. CONCURRENCY The proposed project received concurrency certification on July 7, 2000, which included concurrency for traffic, drainage, solid waste, sewer and water. Per the May 8, 2000 traffic statement prepared by Maria Tejera Palombo, P.E., the buildout date for this project is December 31, 2001. PROCEDURE This is a request for site plan approval. The request is reviewed by City Staff and the Development Review Committee, who forward comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request for site plan approval, and makes a final determination of approval, approval with conditions, or denial. 0 2 • • City Council Meeting Date: December 7, 2000 Date Prepared: September 27, 2000 Petition SP -00 -12 • 3 0 • • City Council Meeting Date: December 7, 2000 Date Prepared: September 27, 2000 Petition SP -00 -12 Site = Public or Fire and Police Station Yes ' Institutional P/1 Minimum Site Area for P /I: 348,480 square feet Yes 15,000 square feet (8 acres) Minimum Lot Width for P /I: 310 feet Yes 100 feet Maximum Lot Coverage 4% Yes for P /I: 40% Maximum Building Height 33.3 feet Yes for P /I: 45 feet Front Setback for P /I: 159.4 feet Yes 25 feet Side Setback for P /I: 89.2 feet Yes 15 feet Side Setback Facing a 34.75 feet Yes Street for P /I: 15 feet Rear Setback for P /I: 1,055 feet Yes 15 feet PROJECT DETAILS Buildinq Site The 8 -acre site is located on the northeast corner of Howell Lane and Northlake Boulevard. The site will house an 8,620 square -foot fire /police station that will include a 3,363 square - foot fire station, a 3,448 square -foot truck bay, a 1,809 square -foot police sub - station, and a future 4,500 square -foot training facility in phase 2 of the site. 4 City Council Meeting Date: December 7, 2000 Date Prepared: September 27, 2000 Petition SP -00-12 Site Access The site will have two (2) curb cuts along Northlake Boulevard and three (3) curb cuts along Howell Lane. The site will also have an access easement through it that will serve the FPL substation along the northeast boundary of the site. Signage One monument ground sign is proposed. The 4 -foot high X 4.5 -foot wide monument sign will face Northlake Boulevard. The building will also have directional wall signage stating "Fire Rescue" and "Police ". Parking The Gig's Land Development Regulations require a total of 44 parking spaces for phase1 and 2, and the applicant has provided 44 parking spaces. Landsca ping /Bufferin,q The site will have a 15 -foot landscape buffer along its boundaries with Northlake Boulevard and Howell Lane, and an 8 -foot landscape buffer along all other site boundaries. The northern most section of the site (bordering the FPL substation) will be used solely for drainage and screening purposes, and will include a .74 -acre lake. Phasing The proposed development will be constructed in two (2) phases. The future second phase will house a 4,500 square -foot training facility and will be required to obtain site plan approval from the City; concurrency and conditional use for the future second phase shall be established with the approval of this petition. Traffic concurrency will expire on December 31, 2001. Drainage The proposed project will utilize on -site inlets, culverts, swales, and facilities for both dry detention and wet retention. The outfall from the project site is via a proposed drainage structure located in the northwest corner of the parcel. This structure will be connected to N.P.B.C.I.D. Unit Number 31 (Ballenlsles, Basin 3C) drainage system by a storm drainage system located within Howell Lane. Discharge will be limited to the allowable rate for the SFWMD C -17 canal. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) Northern Palm Beach County Improvement District NPBCID has stated that the site is located within Unit of Development Number 12, and that the applicant will be required to apply for and obtain a NPBCID Standard Permit (see attachment). 0 5 • City Council Meeting Date: December 7, 2000 Date Prepared: September 27, 2000 Petition SP -00 -12 To date, no objections have been received from the following departments and agencies: Planning and Zoning Division, Building Division, Fire Department, Police Department, Parks & Recreation Department, Public Works Department, City Engineering, City Legal, Seacoast Utility Authority, Palm Beach County School District, South Florida Water Management District, Waste Management, and Florida Power & Light. PLANNING & ZONING COMMISSION The Planning and Zoning Commission heard this petition as a workshop on September 12, 2000, and as a recommendation to City Council on September 26, 2000. The Commission voted 6 — 0 to recommend approval of petition SP -00 -12 with the conditions recommended by Staff. CITY COUNCIL City Council approved the conditional use petition for this site (CU- 00 -01) on first reading at their October 19, 2000 meeting. is OUTSTANDING ISSUES To date, there are no major outstanding issues regarding this petition. RECOMMENDATION Staff recommends approval of petition SP -00 -12 with the following conditions: 1. Prior to the issuance of a building permit, the applicant shall apply for and obtain a Northern Palm Beach County Improvement District Standard Permit. (Planning & Zoning) 2. Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) 3. The dead -end parking on site. shall be marked with signs indicating for use by City Staff only. (Planning & Zoning) 4. The build -out date of this project is December 31, 2001 as referenced in the May 8, 2000 traffic impact analysis prepared by Maria Tejera Palombo, P.E. grJohn: sp0012 =2 0 6 0 September 27, 2000 RESOLUTION 91, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM THE CITY OF PALM BEACH GARDENS FOR A SITE PLAN FOR AN 8,620 SQUARE -FOOT FIRE /POLICE STATION THAT WILL INCLUDE A 3,363 SQUARE -FOOT FIRE STATION, A 3,448 SQUARE -FOOT TRUCK BAY, A 1,809 SQUARE -FOOT POLICE SUB - STATION, AND A FUTURE 4,500 SQUARE - FOOT TRAINING FACILITY IN PHASE 2, LOCATED AT THE NORTHEAST CORNER OF HOWELL LANE AND NORTHLAKE BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from the City of Palm Beach Gardens for site plan approval for an 8,620 square -foot fire /police station (including a 3,363 square -foot fire station, a 3,448 square -foot truck bay, a 1,809 square -foot police sub - station, and a future 4,500 square -foot training facility in phase 2), to be located at the northeast corner of Howell Lane and Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 8 -acre "Fire /Police Station #3" site is currently zoned Public or Institutional (P /1); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of said application; and WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved; and 0 7 Resolution 91, 2000 Meeting Date: December 7, 2000 Date Prepared: September 27, 2000 Petition SP -00 -12 WHEREAS, the conditional use approval for this site shall be accomplished through the adoption of Ordinance 29, 2000; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the conditional use for a 8,620 square -foot fire /police station at the northeast corner of Howell Lane and Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, to permit the construction of a 3,363 square -foot fire station, a 3,448 square -foot truck bay, a 1,809 square -foot police sub - station, and a future 4,500 square -foot training facility in Phase 2 of the development. SECTION 2. Said site plan is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. Prior to the issuance of a building permit, the applicant shall apply for and obtain a Northern Palm Beach County Improvement District Standard Permit. (Planning & Zoning) 2. Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) 3. The dead -end parking on site shall be marked with signs indicating for use by City Staff only. (Planning & Zoning) 4. The build -out date of this project is December 31, 2001 as referenced in the May 8, 2000 traffic impact analysis prepared by Maria Tejera Palombo, P.E. • 8 Resolution 91, 2000 Meeting Date: December 7, 2000 Date Prepared: September 27, 2000 Petition SP -00 -12 SECTION 3. Construction of the site plan shall be in compliance with the following plans on file with the City's Growth Management Department: Official Exhibits (dates represent date received and stamped in): 1. September 22, 2000 Site Plan, Gee & Jenson, Sheet S1 and S2 (2 sheets total). 2. September 22, 2000 Landscape Plan, Gee & Jenson, Sheet 1-1.1 and L1.2 (2 sheets total). 3. September 22, 2000 Landscape Details and Plant List, Gee & Jenson, Sheet 1-1.3 (1 sheet total). 4. September 22, 2000 Landscape Specifications, Gee & Jenson, Sheet 1-1.4 (1 sheet total). 5. September 22, 2000 Irrigation Specifications, Gee & Jenson, Sheet 1-1.5 (1 sheet total). 6. September 22, 2000 Median Landscape and Irrigation Plan, Gee & Jenson, Sheet 1-1.6 (1 sheet total). 7. September 22, 2000 Median - Irrigation Notes and Details, Gee & Jenson, Sheet 1-1.7 (1 sheet total). i 8. September 22, 2000 Floor Plan, Gee & Jenson, Sheet A2.1 (1 sheet total). 9. September 22, 2000 Building Elevations, Gee & Jenson, Sheet A3.1 (1 sheet total). 10. September 22, 2000 Roof Plan, Gee & Jenson, Sheet A4.1 (1 sheet total). 11. September 22, 2000 Electrical Site Plan, Gee & Jenson, Sheet E1.2 (1 sheet total). 12. September 22, 2000 Site Lighting Calculations, Gee & Jenson, Sheet E100 (1 sheet total). 13. June 21, 2000 Boundary & Topographic Survey, Lindahl, Browining, Ferrari & Hellstrom, Inc., Sheet 1 of 1 (1 sheet total). SECTION 4. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this Resolution is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Resolution. Resolution 91, 2000 Meeting Date: December 7, 2000 Date Prepared: September 27, 2000 Petition SP -00 -12 SECTION 6. All resolutions or parts of resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this Resolution are hereby repealed. SECTION 7. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2000. MAYOR JOSEPH R. RUSSO ATTEST BY: CAROL GOLD CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g/john: sp0012.res2 /jl AYE 10 fZIG\7 ABSENT Resolution 91, 2000 Meeting Date: December 7, 2000 Date Prepared: September 27, 2000 Petition SP -00 -12 EXHIBIT "A" (PROVIDED BY CUENT — O.R.B. 6441, PG. 1405)(H) THAT PORTION OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST IN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 460.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION WITH THE WEST LINE OF THE EAST 430.00 FEET OF SAID SECTION; THENCE SOUTH 01'43'07" WEST ALONG SAID WEST LINE A DISTANCE OF 460.00 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 88'27'48" EAST ALONG SAID SOUTH LINE A DISTANCE OF 98.79 FEET TO THE WEST LINE OF THE EAST HALF (OF THE SOUTHEAST ONE— QUARTER) OF THE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE SOUTH 01'44'52" WEST ALONG SAID WEST LINE A DISTANCE OF 664.68 FEET TO THE SOUTH LINE OF SAID SECTION; THENCE NORTH 88'30'27" WEST ALONG SAID SOUTH LINE A DISTANCE OF 331.55 FEET TO THE WEST LINE OF THE EAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTH 01'46'37" EAST ALONG SAID WEST LINE A DISTANCE OF 1,124.94 FEET TO SAID NORTH LINE OF THE SOUTH 460.00 FEET OF SAID NORTH- EAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE CONTINUE NORTH 01'46'37" EAST ALONG SAID WEST LINE A DISTANCE OF 92.10 FEET; THENCE SOUTH 8827'48" EAST A DISTANCE OF 231.87 FEET TO SAID WEST LINE OF THE EAST 430.00 FEET OF SAID SECTION; THENCE SOUTH 01'43'07" WEST ALONG SAID WEST LINE A DISTANCE OF 92.10 FEET TO THE POINT OF BEGINNING. 0 11 . %% %- • • N. P.B.C. tPF'FlJJtJ"tNI VIbI 5b1 624 'AUJJ r.U1ZU1 NO. 1-I-ERN PALM BEACH COUNT- �4PROVEMENT DISTRICT 357 HIATT DRIVE. PALM BEACH GARDENS, FLORIDA $3d 18 - 561 - 624 -7630 - FAX 561.624 -7939 CC T3--n July 18, 2000 John Lindgren, City Planner VIA FAX ONLY 7994281 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, PL 334104698 Re: Development Review Committee SP -00 -12 -City of PBG Fire/Police Station #3 Unit of Development No. 12 Dear Mr. Lindgren: We are in receipt of your memorandum dated July 18, 2000 to the Development Review Committee members regarding the referenced site plan application. The referenced project iS located within Unit of Development No. 12 and will be required to apply for and obtain a Northern Standard Pcmit. Please feel free to contact me if you have any questions regarding this matter. Thank you for your cooperation. i TCR:vb1 FNi>FN • �7 ° d° Y 1 J VN30M HDVM F(Nd 51! , QN33m H3vm 3rwd jO Am W Z jj ppii l ! 6 .. eyus aonod+mw SNSQM 'I-M rfWd c C9 U 01 it 0 I 1 I I I �N °am R (LS imms 335) 3r1[1 FOLyn <a -- -- }- - - - - - -- aNYA87gOH $YY7HL$ s RX5 ' R o t R kw == �Lv d d 1 1 1 1 1, i ggq t I I���� oil it i • • • vu vKaam Hovm #TWJ va3mH3vmwwdjDAw LUZ UIIU CiNiS 3OrIOJ+3UJ SN3CMVO IM rirWJ 05 EI: - - I c a lii!l • 53'61 N3TrIVS !7 00 t' L — — — — — — — — — — — — — i 1 81 Ell h , P, _ , 1 II �� I 1 � Q�L.�j �:- to. I 11 CL rl MAI Bi bil g �4; I RR� 9 9 bill 30 ;Z —YR IL hh alp, LF A R -A V- 0 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum • 13 Date Prepared: November 13, 2000 Date of Meeting: December 7, 2000 Subject/Agenda Item Consideration of approval for Petition MISC- 00 -17, a request by Urban Design Studio, agent for Taylor Woodrow Communities at Mirasol, Ltd., for a guardhouse within the right -of -way of Golf Club Drive, including landscaping and a parking area /school bus stop. (3- 42S -42E) Recommendation Staff recommends approval of Resolution 98, 2000, which contains conditions of approval. Reviewed by. Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Approved Finance NA $ ( ] Approved wiconaitfons ACM Current FY [ J Denied Human Res. NA Advertised: Other NA Funding Source: [ ]Continued to: Attachments: Date: [ ] Operating Paper: [ ] Other — Resolution 98 , 2000 Site Plan SP -1 Landscape Plan C -1 [ x ] Not Required Elevation Plan 3 N S itt d G nagement Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved City Manag [ ] Not required Background On October 15, 1998, the City Council adopted Ordinance 21, 1998, which approved the rezoning to Planned Community District (PCD) of lands located between PGA Boulevard and Hood Road, west of Florida's Turnpike, known as "Golf Digest." Subsequently, Ordinance 8, 2000, was adopted on May 18, 2000, and amended the development order, provided for amendment of the master development plan to reconfigure golf and residential development parcels, and modified conditions of approval. Petition MISC -00 -17 Golf Digest Guardhouse City Council Meeting: December 7, 2000 Page 2 of 5 Following adoption of Ordinance -8, 2000, mentioned above, Resolution 71, 2000, was adopted on September 7, 2000, and provided for approval of a site plan of development for Parcels 1 through 5. On September 19, 2000, Resolutions 72 and 73, 2000, were adopted and provided for approval of site plans of development for Parcels E, F, and G, and Parcels H and I, respectively. Other miscellaneous and administrative approvals have been granted that are associated with this project, including the East Maintenance Facility, Entries on PGA Boulevard, Pedestrian Lighting, and a Sales Center and Gatehouse. Request/Location This application is a request for approval of the guardhouse within the right -of -way of Golf Club Drive just west of its intersection with Jog Road. The guardhouse is centrally located between the intersection of Jog Road and the rotary that is at the entrances to Parcels E, F, and G and Parcels H and I. Also included is the landscape plan for the roadway, and a parking area that will serve as a school bus stop. History Condition number 4, of Ordinance 8, 2000, allows the 100 -foot section of Golf Club Drive and the Guardhouse site plan application to be processed and reviewed by the City Council, without the review of the Planning and Zoning Commission. The uses proposed and the location of the facility are consistent with the approved Master Plan. Compliance /Land Use The proposed development is in compliance with all environmental ordinances of the City of Palm Beach Gardens. All surrounding property is zoned Planned Community Development District (PCD) and also has a Land Use Plan designation of Residential Low (RL). Development of this roadway and guardhouse are in conformance with the approved Master Plan. The master Golf Digest Architectural Review Committee has reviewed and approved the attached plans. • C7 Petition MISC -00 -17 Golf Digest Guardhouse City Council Meeting: December 7, 2000 Page 3 of 5 Existing Zoning and Land Use Designations & Site Analysis ' ZONING FUTURE LAND USE EXISTING USE Subject Property PCD (Designated on the Vacant/Right -of -way Master Plan as Roadway/ RL Guardhouse) North Proposed Recreation Area PCD RL South Parcel I /Lake Area PCD RL East Jog Road PCD RL West Golf Club Drive Extension PCD RL Phasinq Development of the guardhouse, roadway and temporary parking area will be in a single phase. Access Roadway access to the site, via Jog Road, is currently under construction and will be completed concurrently with roadway and guardhouse construction. Architectural Style and Special Features The guardhouse is designed to share a similar architectural style to the previously approved guardhouse located on the Spine Road in the Southwest community. The " Mizner" style of architecture includes a barrel tile roof, stucco banding and outlookers as trim details. A single porte - cochere over the in -bound (north) lane mirrors the previously approved guardhouse details. The facade includes arches and columns consistent with the Mizner style. The proposed wall and trim colors will be consistent with those previously approved (tones of beige and buff with white window trim). 3 Petition MISC -00 -17 Golf Digest Guardhouse City Council Meeting: December 7, 2000 Page 4 of 5 Liqhtinq The decorative lighting proposed for the residential communities is also being proposed for this roadway. The location of the light poles is shown on the site plan and the landscape plan. Street lights will be field adjusted to avoid conflicts with utilities and trees. Landscape Plans Included with this submission is a landscape plan for the Golf Club Drive roadway from the intersection of Jog Road to the rotary. The planting theme is consistent with the Parkway planting plan and continues the use of native plants including Oaks, Pines, and Palms. Medjool Palms are being used as accent palms along with specimen Oaks and Royal Palms. Included in the landscape design are "monument piers" which will accent the entrance and provide continuity to the signage program for this community. Parking Employee parking for the guardhouse is to be provided at the parking area /bus stop area to the north of the right -of -way. Siqnaqe The location of the entrance monument pier has been noted on both the site plan and the landscape plan. It is the intention of the developer to submit a comprehensively detailed master signage package at a later date for review and approval by the City. Drainage Drainage outfall from the roadway will be incorporated into the master drainage system and directed to the adjacent lakes. Drainage details for the roadway will be submitted as part of the construction plans for the roadway. Waivers The applicant is not requesting any waivers. 0 4 Petition MiSC -00 -17 Golf Digest Guardhouse City Council Meeting: December 7, 2000 Page 5 of 5 Recommendation Staff recommends approval of Resolution 98, 2000, a request for a guardhouse within the right -of -way of Golf Club Drive, including landscaping and a parking area /school bus stop, and a rotary/roundabout, subject to the following conditions: 1. Lighting and photometric plans for off - street parking will be submitted along with plans for the future recreation area. 2. Utility company authorizations shall be secured prior to construction plan approval should any monument signs, under the master signage program, encroach into the utility easements. 3. A bus stop shelter shall be provided in conjunction with the future recreation area building. Jackie/G:short/misc0017cc guardhouse 0 0. • Prepared 11/13/00 RESOLUTION 98, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR SITE PLAN APPROVAL FOR A GUARDHOUSE WITHIN THE RIGHT -OF -WAY OF GOLF CLUB DRIVE ON THE WEST SIDE OF JOG ROAD WITHIN MIRASOL (GOLF DIGEST PCD), SAID DEVELOPMENT BEING LOCATED ALONG THE NORTH SIDE OF PGA BOULEVARD, WEST OF THE FLORIDA TURNPIKE, EAST OF THE LOXAHATCHEE SLOUGH, AND SOUTH OF HOOD ROAD; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from TAYLOR WOODROW COMMUNITIES /GOLF DIGEST, LTD., to approve a site plan for the construction of a guardhouse and rotary/roundabout, including landscaping and a parking area /school bus stop, within the right -of -way of Golf Club Drive at its intersection with Jog Road, to serve as the entrance to Parcels E, F, and G and Parcels H and I of Mirasol (Golf Digest PCD); WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan and Land Development Regulations; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for the development of a guardhouse, rotary/roundabout, landscaping, and parking /school bus stop area for the Golf Digest PCD at Golf Club Drive on the west side of Jog Road approximately three - fourths mile north of its intersection with PGA Boulevard. The development is located along the north side of PGA Boulevard, west of the Florida Turnpike, east of the Loxahatchee Slough, and south of Hood Road. Section 2. Said site plan approval shall comply with the following conditions which shall be applicable to the applicant, its successors, assigns, and /or grantees: 1. Lighting and photometric plans for off - street parking will be submitted along with plans for the future recreation area. • • • Resolution 98, 2000 Page 2 of 2 2. Utility company authorizations shall be secured prior to construction plan approval should any monument signs, under the master signage program, encroach into the utility easements. 3. A bus stop shelter shall be provided in conjunction with the future recreation area building. Section 3. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: 1. Site Plan SP -1 dated September 22, 2000, by Sanders Planning Group. 2. Landscape Plan C -1 dated September 21, 2000, by Krent Wieland Design, Inc. 3. Elevation Plan 3, Mirasol Gatehouse II, dated August 17, 2000, by Jeffrey A. Ornstein. 4. Lighting Pole Detail dated October 12, 2000. Section 4. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS ATTESTED BY: CAROL GOLD, City Clerk VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMEN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO Jackie Glshort/MISC0017 reso DAY OF , 2000. JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: LEONARD RUBIN, CITY ATTORNEY AYE NAY ABSENT 12 5� 12 5� I EAST ELEVATION XX SI Y0ICATES POSRNE AND NEGATNE P WM MCSS� ON OPMMGS STUCCO OVER M--MB METAL LATH BLOCKING NOTE: CONTRACTOR MAY SUBSmlrtE M CDRMCE AND TRW MR DETM D CORNKZ AND TRW SEE SPEC6KArlONS • TE BLOCK 0 TOP Of ARCH 14' -0" FLOOR 0' -0" I B CALV. METAL LATH GRADE PLYWOOD NORTH ELEVATION 1/4• - r-Or • a a x� 8a k: ik N ri ga SSS$ z 9� L (f TRUSS BEARING 17' -0" v X TOP OF ARCH 14' -0" V to O fi f Qi N a >4 a yt F 7 a w co ° _ w 70P OF WINDOW 8' -0" — — k (u � �GNpPPp�S � s a I .3 rc. ,a. Aa000zsa_ �oFe 61ppp � 99430 —A 0 03 -23 —OC { FINISH_FLOOR 0' -0'aa O ts 3 �1 ©i000 YM'°Y A Mul°a 213 O) 1 �I 0 0 J 2 z_ of �I O J O U � I I— O z a m O I tHI- V) O O U) 3S83ASNV8i 33S ' I I I o� 0 0 F. v v F F 2 U + + o O q rL Z j Cz C >r �oz _ n a < i 0 z N Ui$k' o 90 O o � � Z 0 l z z b a �S . 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N O z I I 1 i a J Q' CD ui O Of I.1_I !Z O w LJ V o zl °w O U a ckf z y m p O m o U) N W U 0- _ O z O O I cfl � 1 W N as 1 I O O O J OU I O L LLJ J L.L F- I o m W J W V) 'ol 0 Ld g FD- `� °I 0 W O 00 (n in 4 i — •• • v •• • • •• CROSS SLOPE Uf THE CUTTER ` L=96.87' THE CROSS SLOPE Of THE ADJACENT AVMNT AND THE THICKNESS Of THE UP SH,4LL BE 6- RAISED CURB UNLESS OTHERWISE SHOWN ON THE DRAWINGS. .CURB AND GUTTER TYPE V CURB TYPE T' CURB -S19'32'10 "W 95.51' monument Pier Stop Bar - gnage Wall (typ.) See Notes Stop Sign — Monument Pier (typ.) Future Rec. Center 20' F. Gate S48- 19 -49 "W 1 24.08' .ake rse and Lakes are not uded In Parcel. 0 R= 150.00' 1— an -K a'na" R= 178.00' 1= 18'43'35" L= 58.18' \ :•'ail ;e Rack NJ CJ Ln 4 �r use I � -"F" Curb 1 0 LAKE PINES — SPECIMEN OAK SABAL HEAD 10 -15 SABALS PER HEAD / ROYAL PALM / (TYP.) DJOOL ATE P o 0 i # TO JOG '� KRENT WIELAND �] DESIGN, I � � 1 ' O I / LAND80APE ARCHTECTUFM j O 6801 Lake Worth Road State Ski Lake Worth FL 33467 ` I TEL) (WO 432 -6481 F SOD ' ak 432 -8482 t Kraut L W-kr4 r-L Rao LA Um w SPECIMEN / OOAK E kr QUAD STREET I \ LIGHT CTYP.I W Q�W AWT P19i Q FICUS WE �6 44T. SOD PER s U (L .?' 120 SABAL HEAD w ' 10 -15 SABALS w LL PER H=AD to Q + , . TO JOG AD t North , 1 LL - t f I I I I • PRECAST OAP AND FNWL 2' �{ oPnP/4 Lr Fu�TUr� TO nATCW OTREET LGNTS T! (TT PJ (TT r / 2' -6' P�51C.ML LANDSCAPE LIGHT SYMBOL KEY ,&s Ton.** RLDr.LTwo* WOUSOL ,no,4,�oorfapviza ve a -yaar grown MIRCTOR Tp. V w .."h M' K O' Bpd Epa�c1.A d y�tr Brwlh IO0LY60RIBS 61e.h F'Itr . hulled 7 K . 6' Bpd 6 y..r go.Yl LIw oak / TAP ehCd. lk.. - 6.C.Ssd 16K . O' .pd -1 @60. Red Cady - i.Uildd 6' K . 3' Cpd MOT Note: Plan 69mbol6 repreeant, 5 year growth Loa 6LPiao >4 PRECAST OAP AND FNWL 2' �{ oPnP/4 Lr Fu�TUr� TO nATCW OTREET LGNTS T! (TT PJ (TT r / 2' -6' P�51C.ML LANDSCAPE LIGHT SYMBOL KEY ,&s Ton.** RLDr.LTwo* WOUSOL Ff00EL • TTPE / %"n6 / %CLTAC.E MIRCTOR FOCIWE "am IO0LY60RIBS -1 M.C.1 wad. 39MW If 9T61I MOT PAW ERWE rG Loa 6LPiao >4 PI.UI Naed. 100 - i0m / Oov FLOOD DAMC. ORO= K LONG, Naf V —4 TC.C.I wud. loaf - WM / Llov MOT DAW WARS PG. 6TLC" FNI6N WALL CTTPJ BI -REiER Eft TO IL151ER 6KlLYaE PLAN O Entry Monument Pier w/ Signage Wall v4� L ALL FOCPAMS 6NAL1 BE 6ET OACK A T@o1P1 OF RYE (6) FrET FROM ANY C« OR PAWENT. 2 ALL LIO69 GOUFX E6 /EAR ROADMY6 OR N K= ANS 6f4LL NAVE OLN 641ELM OR 6WFWtD6 MTALLPD AID 64" LSE APED FROTI ON -CO"M TRAMr- • A NTU i Mal 219 • • LUNNAIRE. 50 WATT. METAL. HALIDE � t MVL -7 -` AND BASE INSTALLAIKN/ TYPICAL Pa AND BASE I TION 5 /e' ow x COPPER CU ROD WITH B GROUND WIF c"•) 2- SnUMBERG ACORN 1910/478 PM. 175 WATT -M.H. 1- STERNBERG LINCOLN 2516 FP -14 POLE 1 -POLE BASE LUMINAIRE LIGHTING POLE DETAIL NOT TO SCALE POLE MANUFACTURER RECOMMENDED GFE, 20A RECEPTACLE— WITH WP BOX AND COVER POLE SUPPLIED BY— OWNER AND INSTALLED BY CONTRACTOR TYPICAL. POLE -- AND BASE INSTALLA- TION 5/8' Dw x 10 FT 5/8' Dw x 10 FT CLAD COPPER GROUND COPPER CLAD GROUH ROD WITH 18 AWC FINISH GRADE i4 AWG GROUND WIRE GROUND E SETBACK 4' YIN. FROM BACK OF CURB /—FINISH GRADE LIGHTED BOLLARD DETAIL LUMINAIRE LIGHTING POLE DETAIL NOT TO SCALE 1- STE17NBERG ACORN 1910/476 PM. 175 WATT M.H. 1- STERNBERG RICHMOND 3901 -1.8 PM. 50 WATT M.H. 1- STERNBERG LINCOLN 2516 FP -14 POLE 1-POLE BASE SUPPLIED BY OWNER 1 -POLE BASE • • • z Florida Teske Golf Club Drive and !A4tra.. GatehoUS&I, ot��I • El • City Council Meeting Date: December 7, 2000 Date Prepared: October 24, 2000 Petition SP -99 -18 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 7, 2000 Date Prepared: October 24, 2000 SUBJECT /AGENDA ITEM: Consideration of Approval: Resolution 105, 2000, a request for site plan approval for a senior living facilities located known as La Posada within the Regional Center Development of Regional Impact (DRI) at PGA Boulevard (Blvd.) and Alternate A -1 -A. The gross acreage of subject site is approximately 22.5 acres and consists of a total of 301 living units and beds and a two -story community center. The proposed development is planned for two phases. RECOMMENDATION: Staff recommends approval of Resolution 105, 2000, which contains conditions of approval. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attom Growth Management [ ] Approved Finance NA $ ( ] Approved w/ ACM Current FY conditions Human Res. NA [ ] Denied Other NA Advertised: Funding Source: ( ] Continued to: Attachments: Date: [ ] Operating • Resolution 72, 2000 Paper: ( ] Other • Site plan • Landscape plan • Architectural renderings • DRY PCD Map H • Aerial map • Staff comments • Resolution 64, 1998 with [X] Not Required attachments it by: Growt anagement Director Affected parties Budget Acct. #:: [ ] None Ap by �e Ci (X] Not required 1 • City Council Meeting Date: December 7, 2000 Date Prepared: October 24, 2000 Petition SP -99 -18 I. REQUEST: A request by Urban Design Studio, agent, for site plan approval of a senior retirement community situated on an approximately 22.5 acre site within the Regional Center Development of Regional Impact (DRI). The subject site is located immediately north of the Gardens Mall. The proposed development consists of 301 living units and beds and a two -story community center in a community to be called "La Posada." It is proposed to be completed in two phases. (06- 42S -43E) II. BACKGROUND: The proposed development is located within the Regional Center DRI/PCD. The subject site is located along the north side of Gardens Parkway, south of Cabana Colony, north of Gardens Mall, and immediately east of Mira Flores Apartments. The proposed Kolter apartment project is immediately to the east. On February 16, 1984, City Council approved the Development Order of the Regional Center DRI by Resolution 9, 1984. The DRI was approved for a mixture of land uses consisting of Retail, Office, Hotel, Residential, Open Space, and Community Use. The Development Order has been previously amended four times. It currently permits the development of 1,440,000 square feet of Retail, 1,210,000 square feet of Office (business), 235,200 square feet of Office (Research), 510,000 square feet or 600 rooms of Hotel, and 1,600 dwelling units. The total acreage of the entire DRI is 458.2 acres. The most - recently approved Notice of Proposed Change (NOPC) to the Development Order of the Regional Center DRI was approved by the City Council on April 6, 2000, by Resolution 25, 2000. The NOPC approved the conversion of office research space to 50,000 square feet of commercial use. This conversion was needed for the Catalfumo project along PGA Blvd. at Minsk Gardens Avenue. Currently there are two pending NOPCs to the Development Order of the Regional Center DRI. The Kolter NOPC proposes reconfiguration of the water management tract to maintain the oak preserve on site, designating the oak hammock portion of the site as a preserve, relocating and eliminating internal roadways from the Master Plan of Development, and converting approximately 9.3 acres of Office/Hotel/Community Use to Multifamily /Office/Community Use by converting 151 hotel rooms to 213 additional residential units. This NOPC is associated with the Kolter residential project located immediately east of La Posada. The other remaining NOPC has been proposed by Catalfumo Development and Construction to simultaneously convert various land uses and increase the total square footage of retail and other uses approved for the DRI. Both NOPCs are presumed to be substantial deviations and outstanding issues are yet to be resolved. 0 2 • • City Council Meeting Date: December 7, 2000 Date Prepared: October 24, 2000 Petition SP -99 -18 III. Procedure: This is a request for a major site plan review within a PCD. The request is reviewed by City Staff and the Development Review Committee, who forward comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request for site plan approval, and makes a final determination of approval, approval with conditions, or denial. IV. Land Use and Zoning: The future land -use designation of the subject site, as reflected on the City's Future Land Use Map, is Residential High (RH). The zoning classification of the site is a Planned Community District (PCD). The subject site's land -use designation on the Master Plan of Development (Map H) of the DRI is Multifamily Residential/Office /Community Use. The following tables illustrate the adjacent uses, land use designations, zoning districts, consistency with City Code, and site analysis. ZONING CLASSIFICATIONS, LAND USE DESIGNATIONS EXISTING USE ZONING LAND USE Subject Property Planned Community District (PCD) Residential High (RH) Vacant Lot coverage- 35% 27% North Palm Beach County Residential Medium Palm Beach County Residential Cabana Colon y (RM ) Medium RM South Planned Community District (PCD) Commercial (C) Gardens Mall Parking stall dimensions : 10'X18.5' 10'X18.5' West Planned Community District (PCD) Residential High (RH) Mira Flores Apartments East Planned Community District (PCD) Residential High (RH) & Professional Vacant (Koller) Office (PO) SITE ANALYSIS AND CONSISTENCY WITH CODE Consistent Code Requirement Proposed Plan Yes PCD - Planned Community District Senior living facilities Yes Lot coverage- 35% 27% Yes Parking: 433 spaces 433 spaces No* Covered parking: 5% of required parking 25 covered spaces) 53% of proposed parking (231 spaces) No* Location of covered parking: in rear and 100 -foot setback, from right -of- way Provided in front, rear, and side and a min. of zero setback Yes Parking stall dimensions : 10'X18.5' 10'X18.5' 3 • City Council Meeting Date: December 7, 2000 Date Prepared: October 24, 2000 Petition SP -99 -18 Consistent Code Requirement Proposed Plan N/A PGA Blvd. Corridor Overlay- site plan, landscape, and design requirements N/A 36 units/thrce story SETBACKS Apartment 2 Yes Front: 30' 33' No* Side: 30' 6.3' and 11.3' (Apartment 2 Yes Rear: 23 65' Yes Building hei t : 45' 39' (community center Yes Open s ace: 35% 52% Yes Specialty avers: Allowed Sec alty pavers proposed No Master Signage Program for DRI Different ground and directional signs * Waiver Requested V. Project Details: The applicant is proposing to construct three apartment buildings, one community center, a health center, seven cottage buildings, and a guardhouse on approximately 22.5 acres of land. The following table provides the square footage and the number of units within each proposed building. Project Development Details Building Use Number of Units Square Footage Apartment 1 Independent living 36 units/thrce story 57,000 s . ft. Apartment 2 Independent living 111 units/three story 163,000 s . ft. Apartment 3 Independent living 84 units /three story 118,000 sq. ft. Community Center Amenities center Two story building 28,500 s . ft. Cottage Buildings For independent living 7 buildings/1 I units /one story 20,4000 s . ft. Guard House Controlled access One story 200 s . ft. Health Center: Dependent living: Two story building 62,700 s . Assisted living 30 beds 130 units 28,000 s . ft, Skilled nursing 40 beds 120 units 22,5000 s . ft. Alzheimer 18 beds 19 units 12,000 s . ft, Total 301 units 449,800 s . ft. The proposed development is projected to be completed in two phases of development. One phase consists of all proposed buildings except Apartment 1, which is proposed to be built during phase two of the development. The proposed development consists of 242 independent living units, 30 assisted living units, and 58 skilled nursing and azheimer beds, 3,000 square feet of office space located in the health center, and 28,500 square feet of community center. The setback of the closest building (Apartment 2) to the property line is approximately 6.3 feet. Section 75, Residential Zoning District Regulations, requires that this side setback be thirty feet, 4 • City Council Meeting Date: December 7, 2000 Date Prepared: October 24, 2000 Petition SP -99 -18 based on the minimum required setback of twenty feet and one additional foot for every foot of building height greater than two stories. The subject building consists of three floors with a height of thirty feet measured from the ground to the building parapet. Each floor is approximately ten feet. Therefore, the side setback is thirty feet. The total number of parking spaces proposed by the applicant is 433 spaces. The minimum required number of parking spaces is 433, per Section 180. The proposed development consists of skilled nursing, assisted living, and independent living. Section 180 specifies the parking requirements for these facilities to be one space per four bedrooms and one additional space for every 250 square feet of office space for skilled nursing facilities. As for assisted living, the requirement is one space for every four residents. The requirement for independent living is 1.25 spaces for every dwelling units. Code requires one parking space for every 300 square feet of private club. The community center operates much like a private club and therefore, the parking requirement for the private club is used to calculate the number of spaces for the community center. ' The applicant proposes to provide covered parking (carports) that are aesthetically pleasing and complement the overall architecture of the buildings on site. The covered parking is much better in appearance and function than open space parking (uncovered parking spaces). The proposed material and color to be used on the roof of the covered parking are the same as in the material and color for the roofs of the buildings on site. This is consistent with LDR Section 190(b), which specifies that appearance, and material of such structures is compatible with the architecture, style, and color of the principal structures on site. The total number of net external trips potentially generated by this project is 565. The applicant used the trip generation rates published in the Institute of Transportation Engineers (ITE) manual to estimate the number of trips for skilled nursing and used Palm Beach County rates to estimate trips for independent and assisted living facilities. Staff concurs with the trip generation analysis provided to the City. The Regional Center DRI has allocated 1,260 daily trips for this property, according to the applicant. Therefore, this project generates 695 (55 %) less trips than what has been allocated to it. Whatever the number of vehicular trips allowed for this project by the master developer, all development that has been approved within the DRI (including La Posada) has not exceeded the total number of external trips approved for the Regional Center DRI. The overall layout of the site plan is aesthetically and functionally well done, given the linear configuration of the parcel and the two water bodies on site. Most of the buildings have been situated to take full advantage of the two lakes. City Council Meeting Date: December 7, 2000 Date Prepared: October 24, 2000 Petition SP -99 -I8 The community center is located in the center of the site and serves as the dominant and focal point of the entire development and is visible from the Gardens Parkway. The few open parking spaces provided along Gardens Parkway are screened by a 3 -foot berm. Staff has requested and the applicant has provided additional landscaping in front of these spaces in order to screen them from view along Gardens Parkway. The screening provided for the carports along Gardens Parkway appears to be adequate. An extensive system of well landscaped meandering pedestrian pathways has been proposed throughout the site linking the various buildings together and the subject development with other adjacent parcels within the Regional Center DRI. And applicant has provided additional landscaping along the pedestrian pathway on Fairchild Gardens Avenue, as requested by the Planning and Zoning Commission and staff. A gated pedestrian connection on the site at the corner of Fairchild Gardens Avenue and Atlantic Road is provided. This would provide controlled access to residents from the Cabana Colony development north of Atlantic Avenue. A guardhouse is also provided on site at the main entrance fronting on Gardens Parkway. The guardhouse, however, is situated on a private driveway leading from Gardens Parkway north to New Loop Road. The master developer of the DRI Watermark Community Inc. (WCI) has reviewed the proposed development, along with the proposed signs, and has raised no comments. VI. Architecture of Buildings: A proportioned vertical as well as horizontal massing and deep articulation characterize the architecture of the buildings, which give the elevations pleasant appearance. The apartment buildings have extensive horizontal massing, but the deep articulation, exhibited on most elevations, coupled with the balconies and window treatments lessen the appearance of over whelming horizontal massing. Most of the elevations have a dominant central feature in the form of a tower, balconies with iron rails, and extensive architectural details. Staff believes all elevations have been treated equally and that the architectural style of the individual buildings is consistent with one another. The floor plans of the proposed buildings demonstrate convenience, comfort, and adequate function of space. According to the data provided on the site plan, the maximum number of bedrooms in each unit is two. VII. Site Access: There are four access points to the site from New Loop Road to the north, one from Fairchild Gardens Avenue, and the main entrance from Gardens Parkway. • 6 • • • City Council Meeting Date: December 7, 2000 Date Prepared: October 24, 2000 Petition SP -99 -18 All roadways surrounding the subject development are public roadways and no controlled access /gates are proposed on such roadways. VIII. Art in Public Places: This development is not required to provide development, pursuant to Section 120(a)(2). Art in Public Places, since it is a residential VIII. Signage: The applicant has proposed three ground, two directional, and two directory signs. First, two of the three ground signs are proposed to be located at the main entrance of the site on Gardens Parkway. The other sign is to be located along north New Loop Road. The Master Signage Program for the MacArthur Regional Center approved by Resolution 64, 1998 allows this development three ground signs (labeled as building identification signs), two of which are to be located along Gardens Parkway Blvd. and one along north New Loop Road. The three proposed ground signs are not consistent with the Master Signage Program. The applicant has requested an amendment to Resolution 64, 1998 to modify the signage program in order to accommodate the newly - proposed and non - conforming design of the two ground signs. The amendment also requests relocating one of the ground signs, currently positioned west of the main entrance along Gardens Parkway on the master signage program map, to the main entrance of the site. The two ground entry signs are ten feet in height and 14.3 feet in width. The Master Signage Program provides for seven feet in height and eleven feet in width. Second, the two directional signs are not consistent with the Master Signage Program either. The directional sign located along north New Loop Road has five messages posted on it and its height is 7.1 feet. Whereas the Master Signage Program provides that directional signs are to be no longer than six feet in height and have no more than three messages. Most importantly, the Master Signage Program does not assign any directional signs for this project. Third, the Master Signage Program does not provide for directory signs for this development. However, according to the Land Development Regulations, such signs are allowed for developments with two or more buildings on site provided the copy area does not exceed 18 square feet, one sign face, and placed within a 25 -foot radius from the main entry of a building. The two proposed directory signs comply with these standards. All proposed signs are visible from public rights -of -way. Since these signs are visible along public right -of -ways and are not internal to the site, they should conform to the Master Signage Program for the MacArthur Regional Center, per Resolution 64, 1998. Staff recommends denial of the proposed amendment to the Master Signage Program adopted by Resolution 64, 1998. The three ground and two directional signs should conform to the adopted program. Staff believes that it is the intent of the City Council to have a unified system VA City Council Meeting Date: December 77, , 200200 0 Date Prepared: October 24, 2000 Petition SP -99 -18 of signage for the entire DRI to project a unified identity and serve as landmarks by which a motorist can identify the boundaries of the DRI/PCD when entering or leaving the site. This concept becomes important in the future once the DRI is fully incorporated into the surrounding area. Staff s view is based on the premise that the adoption of Resolution 64, 1998, by the City Council implies that the Council expects all proposed signage located at the exterior of individual sites and along right -of -ways to conform to the master signage program for the DRI. The landscape plan submitted by the applicant for Quad 6 should be revised by deleting a reference indicating that the ground signs are consistent with the Master Signage Program approved for the DRI, since this is not the case. IX. Requested Waivers: The applicant is requesting six waivers from the Land Development Regulations. Staff supports all six waivers. The applicant has also requested an amendment to Resolution 64, 1998, for which staff recommends denial for the reasons given below. The requested waivers are as follows: 1. A waiver to allow an increase in the number of covered parking beyond the maximum 5 %. The total number of parking spaces required by Code is 433. The applicant proposes a waiver from Section 190(g) to allow 231 covered parking spaces. Section 190(g) specifies that the maximum amount of covered parking shall not exceed five percent of the total required parking for the development, which amounts to 22 covered parking spaces. The number of covered parking proposed by the applicant represents 53% of the required parking by Code. The waiver is requested for 209 covered parking spaces. 2. A waiver to allow the setback of covered parking structures to vary. Section 190(h) of the City Code requires that covered parking be "located a minimum of 100 feet from any public right -of- way..." Section 190(h) further requires that covered parking be located in the rear of principal structures on site. The waiver would allow the covered parking to be located in the rear as well as in front of principal structures. Covered parking placed in front of principal structures is fronting on Gardens Parkway and is approximately 30 feet from the public right -of -way. Parking structures located in the rear are at zero feet from the right -of -way. The waiver is requested for 100 feet in the rear along north New Loop Road and 70 feet in the front along Gardens Parkway Boulevard. Staff recommends approval of both requested waivers because the appearance and function of the proposed covered parking complements the architecture of the buildings and protects the residents from the elements, respectively. City Council Meeting Date: December 7, 2000 Date Prepared: October 24, 2000 Petition SP -99 -18 3. A waiver to eliminate two sidewalks. One is on the south side of the north New Loop Road and the other along the western side of the New Loop Road immediately adjacent to apartment building 2. The waiver is requested from Section 256 of the City Code, which specifies that concrete sidewalks that are at least five feet wide must be provided on each side of all streets. The applicant has justified the request on the basis that the sidewalk on the south side of the New Loop Road is not likely to be fully utilized due to its location. There are multiple driveways or access points to the site off of north New Loop Road, which may pose a safety hazard to potential pedestrians using the sidewalk. Instead, a sidewalk along the most northern edge of the buildings fronting on north New Loop Road has been provided. This alternate location is more suitable because it provides safety and better utility of the sidewalk. The justification for the other sidewalk is that alternative walkways are provided throughout the site in addition to the walkways around the entire perimeter that are required by the DRI Development Order. The waiver is requested for one sidewalk along the right -of -way of north New Loop Road and another sidewalk along the eastern right -of -way of New Loop Road. Staff recommends approval of the requested waiver because several DRI landscaped walkways around the site and adequate pedestrian pathways have been proposed on site. 4. The applicant has requested a waiver to allow a reduction in the required 15 -foot landscape buffer on land adjacent to public rights -of -way. Section 160 requires the provision of a 15 -foot buffer perimeter on land adjacent to any public right -of -way. The proposed buffer will not be less than 11.5 feet on the eastern perimeter of the property. However, zero buffer is provided along the northern property line. The applicant has provided a 15 -foot buffer, but within the right -of -way. Therefore, the requested waiver pertaining to the northern perimeter of the property is for the entire 15 feet, since the applicant has proposed zero buffer outside of the right -of -way along that northern boundary. The other waiver is for 4.5 feet along the eastern perimeter of the development. The waiver has been justified on the linear configuration of the parcel and the additional amenities not required but provided on site, such as the elevated walkways and the grotto walk along the water's edge. The applicant has provided an adequate justification for the requested waiver. Staff recommends approval of the requested waiver. The applicant has exceeded the minimum requirements /standards of the Code by providing several non - required amenities on site, such as covered parking and specialty pavers. • 9 City Council Meeting Date: December 7, 2000 Date Prepared: October 24, 2000 Petition SP -99 -18 5. A waiver to allow a reduction in the street side setback. Section 75 requires a minimum setback of twenty feet and one additional foot for every foot of building height greater than two stories. The subject building consists of three floors with a height of thirty feet measured from the ground to the building parapet. Each floor is approximately ten feet in height. Therefore, the side setback is thirty feet. The applicant has proposed a setback of 6.3 feet for apartment, building two. The waiver is requested for 23.7 feet. The applicant has justified the waiver on the basis that the subject building is set back at various distances from the property line. The shortest distance is 6.3. The entire building does not sit at the same distance from the property line because the intent is to create a sense of interaction between the building and the passer -by. The other justification is that the applicant has exceeded other minimum requirements of the Code, such as providing additional landscaping. Staff recommends approval of the requested waiver. 6. A wavier of the required lake maintenance easement slopes and to allow structures and existing vegetation within the lake maintenance easement tract. Section 282 states that a lake maintenance tract must be created around any permanent lakes or water bodies. The dimensions of the required tract are at least 20 feet wide with a minimum slope of 8:1. Primarily, the community center, two sidewalks, enclosed structure with stairs, and the grotto walk are proposed to be partially or completely located within the easement tract. The applicant has justified the waiver on aesthetic value and has proposed to enter into a high - level maintenance agreement with Northern Palm Beach County Improvement District to maintain the lakes on site. The applicant has also agreed to work with the City to determine the boundaries of the lake easement tract during construction plan review by the City. The City Engineer has recommended approval of the waiver. Accordingly, staff recommends approval of the requested waiver as well. 7. An amendment to Resolution 64, 1998 to modify the Master Signage Program by allowing different design of the ground signs and relocating one of the three ground signs to the main entry of the project. As well as adding two directory and directional signs and modifying the design of two directional signs. The Master Signage Program does not provide for directional and directory signs for this development. The applicant has justified the proposed amendment on the bases that the Planning and Zoning Commission requested these signs be located on site during a workshop on June 13, 2000. The purpose for these signs is to provide better direction to residents, visitors, and emergency personnel. 10 City Council Meeting Date: December 7, 2000 Date Prepared: October 24, 2000 Petition SP -99 -18 Staff recommends denial of the proposed amendment to Resolution 64, 1998 because the signs are not consistent with the Master Signage Program approved by Resolution 64, 1998 by the City Council. Staff believes the City Council has set the direction that staff should follow with respect to signage in the Regional Center DRI. The adoption of Resolution 64, 1998 by the City Council implies that the City Council would like to see a unified and consistent Signage plan throughout the Regional Center. Accordingly, staff does not support the proposed amendment to the mentioned resolution because it undermines the purpose of the adopted resolution. Staff, however, supports the intent and purpose of the signs proposed to be added to the Master Signage Program for this development, provided they conform to the Master Signage Program. This is the second amendment proposed to Resolution 64, 1998 within the past four months by the same applicant for two different petitions. Staff seeks clarification and direction from the City Council with regard to the applicability and relevance of the Master Signage Program to future proposed signage in the Regional Center DRI. X. Comments from the Development Review Committee (DRC): To date, no objections have been received from the following departments and agencies: Building, Police Department, Parks & Recreation, City Engineering, Legal, Seacoast Utility Authority, Palm Beach County School District, South Florida Water Management District, Waste Management, and Florida Power & Light. However, a few comments and concerns have been received, primarily from the City Engineer's office regarding the lake maintenance easement tract. Those that have not been adequately addressed by the applicant have been incorporated into the conditions of approval. Please see attached staff comments. XI. Summary of Previous Planning and Zoning Commission: The Planning and Zoning Commission discussed this petition on September 12, 2000. The Commission had a favorable view of the project as a whole and requested that the applicant include the color and material for each building on the same architectural sheets. The Commission also requested architectural renderings of important building corners to show the architectural features in detail and to serve as samples as well. The Commission also expressed its support for the proposed signage by the applicant and recommended approval of all the requested waivers. XII. Planning and Zoning Commission Recommendation: The Commission has recommended approval of Petition SP -99 -18 with conditions. The vote was five to zero in favor of approval. The Commissioners also recommended approval of six waivers and the amendment to Resolution 64, 1998 to modify the Master Signage Program for the Regional Center DRI. 0 11 City Council Meeting Date: December 7, 200c0 Date Prepared: October 24, 2000 Petition SP -99 -18 XIII. Staff Recommendation: A. Staff recommends approval of Petition SP -99 -18 with conditions and recommends approval of five of the six requested waivers and denial for the proposed amendment to Resolution 64, 1998. Staff offers the following conditions of approval: 1. Prior to the issuance of the first building permit, the petitioner shall obtain written authorization from applicable utility companies authorizing the horizontal construction/planting within utility easements (Engineering); 2. No Building Permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 19 has received final approval from the City of Palm Beach Gardens and all other applicable governments and / or agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements (Engineering); 3. Prior to the issuance of the clearing permit, the petitioner shall present to the City of Palm Beach Gardens a permit from the Florida Game and Fresh Water Fish Commission to relocate the Gopher Tortoises off -site (City Forester); 4. The petitioner shall install the 25 -foot Atlantic Boulevard buffer in conjunction with the construction of North Loop Road, including the sidewalk to Atlantic Boulevard (City Forester); 5. The petitioner is responsible for the maintenance of Gardens Parkway, Fairchild Gardens Avenue, and New Loop Road (north and east) landscaping and irrigation abutting the subject property, if for any reason the Regional Center Owners Association terminates its maintenance of said areas. Said maintenance shall comply with landscape maintenance standards recommended by the City of Palm Beach Gardens and shall commence upon installation of landscape materials (City Forester); 6. Prior to issuance of a certificate of occupancy for each building, the Landscape Architect of record shall certify that all landscaping associated with each building is complete. Prior to issuing the last certificate of occupancy for the entire development, the Landscape Architect of record shall certify that all landscaping for the development has been completed per all the approved landscape plans (City Forester); 7. Should the approved land use of the development change in the future, a comprehensive re- evaluation of parking demand on site based on the new land use will be conducted and the petitioner shall comply with the recommendations of the City and the findings of the parking study (Planning and Zoning); 0 12 City Council Meeting Date: December 7, 2000 Date Prepared: October 24, 2000 Petition SP -99 -18 8. All utility equipment located on top of buildings must be effectively screened so that they are not visible from ground level (Planning and Zoning); 9. All covered parking spaces must be assigned and the identified 21 parking spaces on the site plan must be marked for future conversion into parking spaces, should the need arise Planning and Zoning); and 10. The petitioner, the City of Palm Beach Gardens, and Northern Palm Beach County Improvement District, shall establish the boundaries of the Lake Maintenance Easement. In order to accommodate the existing lake condition the easement may vary from the standards of Section 282 as acceptable to Northern Palm Beach County Improvement District, and the City engineer. The attached "Exhibit E" shows the general area in which the easement shall occur (Engineering). B. Staff recommends approval of the following requested waivers: A waiver from Section 190(g) to allow an increase in the number of covered parking beyond the maximum 5 %. The waiver is requested for 209 covered parking spaces; 2. A waiver from Section 190 (h) to allow the placement of covered parking in the front and rear of principal structures and reduce the setback requirement for such structures to less than the required minimum setback of 100 feet. The waiver is requested for 70 feet in the front along Gardens Parkway Blvd. and 100 feet in the rear along north New Loop Road; 3. A waiver from Section 256 to eliminate two on- street sidewalks required by Code. One sidewalk is on the south side of north New Loop Road and the other along the western side of New Loop Road immediately adjacent to Apartment 2; 4. A waiver from Section 160 to allow a reduction in the required 15 -foot landscape buffer on land adjacent to public rights -of -way. The waiver is requested for the entire 15 feet along the northern perimeter of the site on north New Loop Road. Part of this request includes a 3.5 and a 8.7 foot - waiver along the eastern perimeter of the site in front of apartment building 2; 5. A waiver from Section 75 to allow a reduction in the street side setback in front of apartment building 2. The requested waiver is for 23.7 and 18.5 feet. 6. A wavier from Section 282 to allow the club house, the enclosed structure immediately west of the community center, and the existing vegetation surrounding the lakes to remain within the lake maintenance easement tract. These are to be considered as permitted encroachments into the lake easement. The waiver is requested for the 0 13 City Council Meeting Date: December 7, 2000 Date Prepared: October 24, 2000 Petition SP -99 -18 community center, existing trees, and the enclosed and elevated structure next to and west of the community center. The applicant and the City Engineer's office during construction plan review will determine the final boundaries of the lake easement tract. C. Staff recommends denial of the following amendment: 1. An amendment to the Master Signage Program for the Regional Center DRI approved by Resolution 64, 1998, to modify the design and location of proposed ground signs and to add two directional and two directory signs, as reflected on the landscape plan and attached exhibits. G:TalaVSP- 99- 18 -str2 • 9 14 0 November 20, 2000 RESOLUTION 105, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN FOR A SENIOR ASSISTED LIVING FACILITY (LA POSADA) LOCATED WITHIN THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) CONSISTING OF 301 UNITS, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SIX WAIVERS TO ALLOW THE ADDITION OF 209 COVERED PARKING SPACES, THE LOCATION OF COVERED PARKING SPACES WITHIN THE REQUIRED 100 -FOOT SETBACK, THE ELIMINATION OF TWO SIDEWALKS, A REDUCTION IN THE 15 -FOOT LANDSCAPE BUFFER, THE REDUCTION IN THE STREET SIDE SETBACK ALONG THE EASTERN PERIMETER, AND THE ENCROACHMENT OF STRUCTURES WITHIN THE LAKE MAINTENANCE EASEMENT TRACT; PROVIDING FOR AN AMENDMENT TO THE MASTER SIGNAGE PROGRAM FOR THE DRI AS ADOPTED IN RESOLUTION 64, 1998 TO MODIFY THE DESIGN AND LOCATION OF THE PERMITTED SIGNS AND ADD TWO DIRECTIONAL AND TWO DIRECTORY SIGNS TO THE MASTER SIGNAGE PROGRAM; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Urban Design Studio, agent, for approval of a site plan known as La Posada consisting of 22.5 acres for a senior assisted living facility with 301 units, a community center, and a health center located within the Regional Center DRI along PGA Blvd., as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks six waivers and an amendment to Resolution 64, 1998, adopting the Master Signage Program, to allow 209 covered parking spaces, the location of covered parking within the required 100 -foot front and rear setbacks, the elimination of two sidewalks, the reduction in the 15 -foot landscape buffer along the eastern and northern perimeters, the reduction in the street side setback along the eastern perimeter, the encroachment of structures within the lake maintenance easement tract, and a modification to the Master Signage Program to change the design and location of proposed signs and add two directional and two directory signs; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) with future land -use designations of Residential High (RH) and Professional Office (PO); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and 1 Resolution 105, 2000 C� • November 20, 2000 WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Planning and Zoning Commission has recommended approval of the site plan for the subject parcel; and WHEREAS, the Growth Management Department has recommended approval of the site plan for the subject parcel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for a senior living facility with 301 units, a community center, and a health center, located within the Regional Center DRI along PGA Blvd., more particularly described in Exhibit "A" attached hereto and incorporated herein. Section 2. Said site plan approval shall comply with the following conditions which shall be binding upon the applicant, its successors, assigns, and /or grantees: 1. Prior to the issuance of the first building permit, the petitioner shall obtain written authorization from applicable utility companies authorizing the horizontal construction /planting within utility easements. Utilities shall only be allowed in buffers in accordance with Section 147(d) of the City's Land Development Regulations; 2. No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 19 has received final approval from the City of Palm Beach Gardens and all other applicable governments and / or agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements; 3. Prior to issuance of a clearing permit, the petitioner shall present to the City of Palm Beach Gardens a permit from the Florida Game and Fresh Water Fish Commission to relocate the Gopher Tortoises off -site; 4. The petitioner shall install the 25 -foot Atlantic Boulevard buffer in conjunction with the construction of North Loop Road, including the sidewalk to Atlantic Boulevard; 5. The petitioner is responsible for the maintenance of Gardens Parkway, Fairchild Gardens Avenue, and New Loop Road (north and east) landscaping and irrigation abutting the subject property, if for any reason the Regional Center Owners Association terminates its maintenance of said areas; Resolution 105, 2000 November 20, 2000 Said maintenance shall comply with landscape maintenance standards recommended by the City of Palm Beach Gardens and shall commence upon installation of landscape materials; 6. Prior to issuance of the certificate of occupancy for each building, the Landscape Architect of record shall certify that all associated landscaping with each building is complete. Prior to issuing the last certificate of occupancy for the entire development, the Landscape Architect of record shall certify that all landscaping for the development has been completed per all the approved landscape plans; 7. Should the approved land -use of the development change in the future, a comprehensive re- evaluation of parking demand on site based on the new land -use will be conducted and the petitioner shall comply with the recommendations of the City and the findings of the parking study; 8. All utility equipment located on top of buildings must be effectively screened so that they are not visible from ground level; 9. All covered parking spaces must be assigned and the identified 21 parking spaces must be marked for future conversion into parking spaces, should the need arise; 10.The petitioner, the City of Palm Beach Gardens, and Northern Palm Beach County Improvement District, shall establish the boundaries of the Lake Maintenance Easement. In order to accommodate the existing lake condition the easement may vary from the standards of Section 282, as acceptable to Northern Palm Beach County Improvement District, and the City engineer. The attached "Exhibit E" shows the general area in which the easement shall occur. Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following six waivers with this approval: 1. A waiver from Section 190(8) to allow an increase in the number of covered parking beyond the maximum 5 %. The waiver is requested for 209 covered parking spaces; 2. A waiver from Section 190 (h) to allow the placement of covered parking in the front and rear of principal structures and reduce the setback requirement for such structures to less than the required minimum setback of 100 feet. The waiver is requested for 70 feet in the front along Gardens Parkway Blvd. and 100 feet in the rear along north New Loop Road; 3. A waiver from Section 256 to eliminate two on- street sidewalks required by Code. One sidewalk is on the south side of north New Loop Road and the other along the western side of New Loop Road, immediately adjacent to apartment building 2; Resolution 105, 2000 0 November 20, 2000 4. A waiver from Section 160 to allow a reduction in the required 15 -foot landscape buffer on land adjacent to public rights -of -way. The waiver is requested for the entire 15 feet along the northern perimeter of the site on north New Loop Road. Part of this request includes a 3.5 and a 8.7 foot - waiver along the eastern perimeter of the site in front of apartment building 2; • 5. A waiver from Section 75 to allow a reduction in the street side setback in front of apartment building 2. The requested waiver is for 23.7 and 18.5 feet; 6. A wavier from Section 282 to allow the club house, the enclosed structure immediately west of the community center, and the existing vegetation surrounding the lakes to remain within the lake maintenance easement tract. These are to be considered as permitted encroachments into the lake easement. The waiver is requested for the community center, existing trees, and the enclosed and elevated structure next to and west of the community center. The applicant and the City Engineer's office will determine the final boundaries of the lake easement tract during the construction plan review. Section 4. The Master Signage Program for the Regional Center DRI, as approved by Resolution 64, 1998, is hereby amended to modify the design and location of the proposed ground signs and to add two directional and two directory signs, as reflected on the landscape plan and the attached exhibits "B ", "C ", and "D." Section 5. Said approval and construction shall be consistent with plans filed with the Growth Management Department as follows: 1. Site plan and architectural renderings, sheets S -1 to A 30 2h, by Rink Reynolds Diamond Fisher; Greystone Communities, Inc.; and Urban Design Studio, last revised on 9 -18 -2000; 2. Architectural renderings, sheets A 30 1a to A 70 2a, by Rink Reynolds Diamond Fisher and Greystone Communities, Inc., last revised on 9 -18 -2000; 3. Site Lighting and Photometrics, sheets E 1.1 and E 1.2, by Rink Reynolds Diamond Fisher; Greystone Communities, Inc.; and Urban Design Studio, last revised on 9 -18- 2000; 4. Landscape Plan, sheets LA 2.1 to LS 1.1, by Rink Reynolds Diamond Fisher; Greystone Communities, Inc.; and Urban Design Studio, last revised on 9 -18 -2000; 5. Signage Plan and Signage Details, sheets S 1.1 and S 1.2, by Rink Reynolds Diamond Fisher; Greystone Communities, Inc.; and Urban Design Studio, last revised on 9 -18- 2000. Section 6. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. Resolution 105, 2000 4 • November 20, 2000 Section 7. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE DAY OF 2000. JOSEPH RUSSO, MAYOR ATTESTED APPROVED AS TO LEGAL FORM AND BY: SUFFICIENCY: Carol Gold, CMC,City Clerk CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK G:Talal/SP- 99 -18 -re 0 5 Resolution 105, 2000 • Aug. 24. 1999 12:49PM FROM ANN i M i i CHEi.u, i;ueKEY � (WED) 8. 18'99 16:04 '�16:00/Nv. 'UVV6197Uu 11119 . : Exhibit A LAND -- LEGAL DESCRIPTION Parcels 27.17, 27.21, 27.0PN4 and 27.R06 A parcel of land located in Section 6, Township 42 South, Range 43 East, within the municipal limits of the City of Palm Beach Gardens, Palm Beach County, Florida, and being more particularly described as follows: Beginning at the Northeast comer of the plat of Mira Flores, as recorded in Plat Book 75, pages 122 through 125; public records of Palm kl=b County, Florida, proceed along the East line of said plat. through the following 8 courses: Thence South Ol ° 15' 12" West, a dislance of 76.07 feet; thence South 46° 15' 12" West, a distance of 35.36 feet; thence South 01' 15' 12" West, a distance of 152.74 feet to a tangent curve having a radius of 265.00 Uct, and a central finagle of SS* 48' 40 "; thence proceed Southerly and Westerly along the arc of said curse. a distance of 258.13 feet to the end of said curve; thence South 57° 03' 52" West, a distance of 230.54 feet to a tangent curve having a radius of 185.00 feet, and a central angle of 630 44' 16 "; thence proceed Southerly along the are of said curve a distance of 205.80 feet to the end of said curve; thence South 069 40' 24" East, a di4ts= of 75.35 feet; thence South 53° 32' 54" East, a distance of 36.49 feet to a point an the North ri& 'of way line of Gardens Boulevard, as described in Official Records Boole 5072, page 356, public records of Palm Beach County, Florida; thence Nom 7V 34' 36" Vntt, along said North right of way line of Gardens floulevurd, a distance of 1,372_.19 fit to a tangent curve having a radius of 1.190.92 feet, and a central angle of 24° 19'43"; thence pioeeed Easterly along the arc of said curve and North right of way line of Gardens Bgvlcvard, a distance of 505.68 feet to the end of said curve; thence North 60° 12'.06" East, continuing along said North right of way line of Gardens Boulevard, a d4tanre of 34-55 feet;- thence South 73° 30' 08" East, continuing along said North right of way line bf Qatdcw Boulevard, a distance of 7038 feet; thence North 00° 55' 29" East, departing said North right of way tin& of Gardens Boulevard, a distance of 38.78 feet to -a non tangent curve having a radial bearing of South 73° 30' 11" East, a radius of 271.60 feet, and a central angle of 32° 50' 00 ". Thence proceed Northerly and Easterly along the are of said curve, a distance of 155.64 feet to the end of said cum; the= North 49° 08'41" East, a distance of 48.92 feet to a tangent curve having a radius of 331.14 feet, and a central angle of 48° 04'29". Thence proceed Northerly along the arc of said clove, a distance of 277.85 feet to the and of said curve. Thence North 01 ° 06'32- Fast, a dinance of 48.01 feet; thence Notch 46° OT 24" East, a distance of 44.04 fee* thence: North O1° 11' 28" East, a distance of 76.19 fzt to a point on a line 30.00 feet Southerly of and parallel with the North ling: of said Section 6, Township 42 South, Range 43 EAst; thence North 88° 45' 01" West, along !aid urallel line, a distance of 1,829.53 feet; to the POINT OF BEGESNMO of the adacra parcel. zv� LESS AND EXCEPUNG THEREFROM those certain tracts of d d,�4 Official Records Book 5072, page 354, public records of Palm Bench ty,r11.�G • • • I � I ( r r (tit I F m t M l r r I E _ I rE I I :t I 3 { t�r Mfr - i E ff r F O Z` f r 'j +F GFr Y� i 1 Is �r�r rrrrg @ O �rss rrrr� p 1 I I_'II__II I �frr$ oCr rig f t Frf � Hill \\ \ CV pr ��ffP`Pf� 4 � - i E ff r F O Z` f r 'j +F GFr Y� i 1 Is 6 @ O p 1 I I �I I \\ \ CV I 4 � � f ■,,. I P y vu \ I I 1 1 0® - -I— F� ��. 1 rf rf g f — P �k f Fr n [R {r E; e 1 E r _ 1 1 I II �i^ dNr =@ sga a� • • i r d 7 I x go AA Z mt O 0 p� 00 10 O' � �= An x L (30 m ; I $ 9 80E I `_I 1� 1 I m g � /��•i� j 1 I a ��� g �� n s E B LA y ! - POSADA ! I -8° Hw_ . SENIOR LIVING COMMUNITY {�I ��I WESTPORT HOLDINGS, PBG 0 0 � I .� . � �• .2' § T � $ E I �¢ § I . � � . n � � & � «& I � � �I (A II � § . ■ „ � | vim =& � � | ■ . ■ a -- = � � ■ I � .� f �, I/ ///! . '| 2.�� m !� �|! |§| & |, g \ gig g \ .� �j �� ��Q�� ¥ \ 2 6• : . , Jmo LIVING COMMUNITY % � _RT HOLDINGS. � ~ • • • p\ 4+, (n \ •o0 ** p r� E-D [u:3 D ED 0 (�-, Cl Cl a U C� LA POSADA for s SENIOR LIVING COMMUNITY WESTPORT HOLDINGS. PSG m x U m a a2 I' p �'�o rns •o0 ** p r� E-D [u:3 D ED 0 (�-, Cl Cl a U C� LA POSADA for s SENIOR LIVING COMMUNITY WESTPORT HOLDINGS. PSG m x U m • • i TOTAL NUMBER OF AP PROVED AND PROPOSED RESIDENTIAL UNITS WITHIN THE REGIONAL CENTER DRI Development Total Number of Units Approved for DRI Number of Units Proposed and Approved Number of Units Proposed Number of Units Approved Mira Flores 352 352 Kolter 995 995 *Westport 301 301 Medical Mall 120 beds /60 units 120 beds /60 units Total 1,600 1,708 1,296 412 *NOPC to DRI proposes to convert 1 SI hotel rooms to 213 residential units • 00 • • • 1 ;fill rf i �ql E, rtl gc 411 shirt H -,r eeE cc E e F; D r [D �j D :I A T 'A .0 n m 4+ z m r p m RHO I 0 ; rip T a O • • rn X = S v F PPPTP T TT I a 0 g O Oil ca a $ o -v 0 UTOoz H •oa B QOO 7c' a o Y n � C t°o spy,. o m v r o o {job 39 OO • 9� A at z �• + r q d N r u O ' r SJ N N O O w Y M O V O O � O O O v V $ o 0 o a O O 4 • • ISO I** RESOLUTION 64, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A MASTER SIGNAGE PROGRAM FOR THE MACARTHUR CENTER; PROVIDING FOR ADDITIONAL CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS FROM CODE REQUIREMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the MacArthur Regional Center was approved per Resolution 9, 1984; WHEREAS, the City's Growth Management Department has received a petition from the MacArthur Center Property Owners Association for the approval of a Master Signage Program for the MacArthur Regional Center, located at the northeast comer of the intersection of PGA Boulevard and Alternate AIA, Palm Beach Gardens; WHEREAS, the City's Growth Management Department has recommended approval of the MacArthur Center Master Signage Program•, and WHEREAS, the City's Growth Management Department has determined that the proposed Master Signage Program is consistent with the City's Comprehensive Plan and Code provisions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1.. The City Council of the City of Palm Beach Gardens hereby approves a Master Signage Program consisting of seven Main Entry Signs, 13 Directional Signs, 28 Building ID Signs, Regulatory Signs per code and four Temporary Site Signs, for the MacArthur Regional Center located at the northeast corner of the intersection of PGA Boulevard and Alternate Al A, Palm Beach Gardens. Section 2. The Master Signage Program shall be implemented in accordance with the following plans on file with the City's Planning and Zoning Department: 1. April 24, 1998, Sign Location Plan and Message Schedule, Sheet SM 2. April 29, 1998, Typical Landscape Plans, Sheets 1 -2. 3. August 7, 1997, MacArthur Center Signage and Graphics Standards; Main Entry Sign, Building ID Sign, Directional Sign, Temporary Site Sign, Street Name Signs, Routing Signs, and Regulatory Signs (dated May 13, 1998) aSection 3. The Master Signage Program approval shall comply with the following • conditions: (1) The MacArthur Property Owners Association shall maintain all signage.. (2) Prior to the issuance of the first sign permit, the applicant shall submit construction plans and specifications for the break -away design for review and approval. This shall apply to the Main Entry Signs, the Building Identification Signs and the Directional Signs. (3) No sign shall be erected within, over, or adjacent to any existing or future water or sewer line without the prior written consent of Seacoast Utilities, its successors, and or assigns. (4) Each temporary sign shall be removed at the issuance of the Certificate of Occupancy for the building for which the temporary sign was erected. Section 4, The approval of this petition is contingent upon the approval of the following waivers: a. Waiver of Section 110- 36(c), minimum landscaping required around ground signs and minimum front setbacks to allow: 1) Directional Signs and Building ID Signs within medians to be located within one 10 • foot from the edge of the curb (they are required 6 -7 feet of side landscaping, depending on the height of the sign). 2) Building ID Signs in medians to have a 3 foot front setback (15 feet is the required setback). b. Waiver of Section 110- 36(b), maximum length of ground signs (15 feet required) 1) To allow Main Entrance Sign of 16 feet Section 5, This Resolution shall be effective upon adoption. Page 2 • Resolution 64, 1998 • • 00 00 INTRODUCED, PASSED AND ADOPTED THIS &WDAY OF P 199 ; ATTEST: LINDA V. KOSIER BC;Z d9, ,J VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK Page 3 Resolution 64, 1998 J S RUSSO, MAYOR APPROV AS TO LEGAL FORM AND SUFFICIENCY. C ,c r (a r�i' w - CITY ATTORNEY AYE NAY ABSENT COMMUNITIES FINANCE COMPANY 4400 PGA Boulevard Suite 900 Palm Beach Gardens, FL 33410 Phone -561- 775 -2120 Fax - 561 - 775 -1099 December 17, 1999 Via Facsimile and Regular Mail Ms. Dodi Glas Urban Design Studio The Concourse -Suite 600 2000 Palm Beach Lakes Boulevard West Palm Beach, FL 33409 -8582 RE: Parcels 27.17, 27.21, 27.OPN4, and 27.RO6 Dear Dodi: We are in receipt of your plans dated November 17, 1999 for the Westport Senior Living Center. At this time, Community Finance Company (CFC) has no comment on the plans . submitted. Any future modifications to the plans must be forwarded to our office for review. Thank you for your cooperation. Sincerely yours, Nancy . Graham President NMG:bt DEC 2 v 159 --------------------- i Mailing Seacoast Utility Authori Authority Box 1096 0 2 1 Palm Beach Gardens, cc Florida 33410 -9602 EXECUTIVE OFFICE �J July 17, 2000 VIA FAX: 799-4281 Mr. Talal Benothman Planning and Zoning Department City of Palm Beach Gardens 00�' 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Westport La Posada Dear Mr. Benothman: We offer the following comments on your transmittal dated July 6, 2000 concerning the referenced project. 1. The landscaping plans need to be revised to show the proposed location of fire by t�dra i and meter/backflowprev_ente- assemblies. Plans currently show these devices bene� red parkway in several locations. 2. The following comments concerns the typical cross sections shown on Sheet C1.2. Pa. Section A -A - Water main appears to be too close to the covered parking and to the Ole storm sewer. This section location shou e s ted east 75' to reflect covered 1 parking on both sides of the road. � b. Section B -B - Facilities shown in section do not match those shown in the plan view on Sheet C1.11. d C. Section D -D - Water main appears to be too close to the storm sewer. It appears that there will be a conflict between the water main and proposed royal palms along this road. d. Section F -F - The location of the water main and grAWtV sewer line does not appear to be acceptable. It may be necessary to master meter t. a cottage section. Please call if you require additional information. Sincerely, COAST UTIL AUTHORITY Bruce Gregg Director of Operations ad • cc: Rim Bishop, Sean Donahue 0 Jim Lance, Scott Serra 4200 Hood Road, Palm Beach Gardens, Florida 33410 -2174 Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627 -2900 / FAX (561) 624 -2839 i INC. CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIS "Partners For Results Value by Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax: (561) 286-3925 www.lbfh.com MEMORANDUM TO: Talal Benothman FROM: Sean C. Donahue, P.E. CJD DATE: August 8, 2000 FILE NO. 00 -4115 SUBJECT: Westport Senior Living Facility (La Posada) We recommend the following revisions to the Development Order Conditions for the referenced project: 9. Prior to City Council workshop, the petitioner shall revise all relevant plans to reflect the 20 -foot Lake Maintenance Tract, including its maximum 8:1 slope and appropriate access points as required by Section 282 of the City Code. 10. Prior to City Council workshop, the petitioner shall provide a cross - section of the lake bank and proposed sidewalks that shows the required maximum 8:1 slope within the Lake Maintenance Tract 11. Prior to City Council workshop, the petitioner shall revise all relevant plans to show the required 100 -foot stacking distance at the northern entrances. Additional Condition: Prior to City Council workshop the applicant needs to submit for review and approval by the City the "High Level Maintenance Agreement" for the maintenance of the Water Management Tract. Additional Condition: Prior to City Council workshop, the applicant shall work with the City Engineer and the City Forester to resolve the conflicts between the existing vegetation and the proposed Lake Maintenance Tract. SCD/ cc: Roxanne Manning Tim Norquest Dodi Glas-Urban Design Studio P:\PROJEM\PBGMEMO\41 1 1 514 1 1 Sd i CITY OF PALM BEACH GARDENS MEMORANDUM CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS. FLORIDA 33410 -4698 TO: Talal Benothman, Senior Planner DATE: February 17, 2000 FROM: Scott Fetterman, Asst. Chief / Fire Marshal 041�7-- SUBJECT: SP -99 -18 Westport Senior Living Facility The Fire Rescue Depauthent has reviewed the above reference petition and has the following comments or concerns: The �ppeedestrian bridge will need to have a vertical clearance of at least 13' -6 ". 2. Several areas of the parking lot do not allow Fire rescue access. A 20' inside radius is V required as a minimum. 3. The proposed fire hydrants on the water distribution plans are not in compliance with V City Code — requires 300' spacing. Thank you for your continued assistance and consideration in these matters. Please contact me if you have any questions or any future changes are proposed. Memo to File From: Mark Hendrickson, City Forester Subject: SP- 99 -18, Westport #1 /tom Date: May 8, 2000 I have reviewed the revised plans submitted July 6, 2000. The following are my recommendations for the July 25, 2000 P &Z Commission meeting: • The Gopher Tortoises shall be moved off -site per a FGFWFC permit that will be copied to the City, prior to issuing the clearing permit. • The 25' Atlantic Boulevard buffer shall be installed in conjunction with the construction of the North Loop Road, including the sidewalk to Atlantic Boulevard. • Prior to the issuance of the Certificate of Occupancy for each building, the Landscape Architect of record shall certify that all associated landscaping with each building is complete. Prior to issuing the last Certificate of Occupancy for the entire project, the Landscape Architect of record shall certify that all landscaping for the project has been completed per all the approved landscape plans. 100 [7 • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 7, 2000 Date Prepared: November 15, 2000 SUBJECT /AGENDA ITEM Consideration of Approval: Resolution 106, 2000, approving a site plan amendment for " Costco" at 3250 Northlake Boulevard. RECOMMENDATION Staff recommends approval of Resolution 106, 2000, which contains conditions of approval. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Approved Finance NA $ [ ] Approved w/ Current FY conditions ACM NA [ ]Denied Human Res. NA Funding Source: [ ]Continued to: Advertised: Other NA Date: [ ] Operating Attachments: Paper: N Not Required [ ] Other • Resolution 106, 2000 : by: e h anagement Affected parties Budget Acct. #:: Director [ ] Notified [ J None App Tand City er [x] Not required REQUEST Andrew Croasdell (Mulvanny Architects), agent for Costco Wholesale, Inc., is requesting approval of a site plan amendment to expand an existing building by approximately 2,280 square feet for a larger tire center. The 11.144 -acre site is located approximately % of a mile east of the intersection of Northlake Boulevard and Interstate 95, on the south side of Northlake Boulevard. (19- 42S -42E) City Council Meeting Date: December 7, 2000 Date Prepared: November 15, 2000 Petition SP -00 -06 BACKGROUND The Costco site was originally approved on May 19, 1988 with the approval of Resolution 42, 1988; this petition also included the approval of a conditional use for "automotive services for the replacement of tires and batteries sold at retail on the premises." The applicant does not want to alter this conditional use in any way. The applicant wishes to expand the existing building on the 11.1 -acre site by approximately 2,280 square feet for a larger tire center. LAND USE & ZONING The subject site is zoned General Commercial (CG -1), has a future land -use designation of Commercial (C), and is listed as Commercial (C) on the Vision Plan. For a complete listing of adjacent uses, land -use designations and zoning districts, see Table 1 on the following page. Table 2 on page four (4) examines how consistent the proposed project is with the City Code and future land -use designation for the site. CONCURRENCY The proposed project received concurrency certification on February 2, 2000, which included concurrency for traffic, drainage, solid waste, sewer and water. Per the January 27, 2000 traffic statement prepared by Maria Tejera Palombo, P.E., the buildout date for this project is December 31, 2000. PROCEDURE This is a request for a site plan amendment. The request is reviewed by City Staff and the Development Review Committee, who forward comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request for a site plan amendment, and makes a final determination of approval, approval with conditions, or denial. 0 2 City Council Meeting Date: December 7, 2000 Date Prepared: November 15, 2000 Petition SP -00 -06 Subject Property Costco General Commercial Commercial (C) (CG -1) with a conditional use for tire and battery installation 0 3 North Vacant/Undeveloped Planned Development Mixed Use (MXD) (Parcel 12.05) Area (PDA) Wendy's Restaurant General Commercial (CG -1) Commercial (C) South Vacant/Undeveloped Single Family Residential Single Family Residential (Palm Beach County) (RS) (RS) West Sports Authority General Commercial (CG -1) Commercial (C) East C -17 Canal N/A N/A 0 3 City Council Meeting Date: December 7, 2000 Date Prepared: November 15, 2000 Petition SP -00 -06 CodeRe_qui�ement. ` Propose_dP1an� ;_ - Consistent =� Site = General Retail Sales and Tire & Commercial (CG -1) Battery Replacement On Yes Site Minimum Site Area for CG -1: 1 acre 11.1 acres Yes Minimum Lot Width for CG -1: 100 feet 700.24 feet Yes Maximum Lot Coverage for CG -1: 35% 27.6% Yes Maximum Building Height for CG 36 feet -1: 30 feet Yes Front Setback for CG -1: 50 feet 432 feet Yes Side Setback for CG -1: 15 feet 30 feet Yes Side Setback Facing a Street for CG -1: 40 feet N/A N/A Rear Setback for CG -1: 15 feet 60 feet Yes i 4 i • li i i 171 • City Council Meeting Date: December 7, 2000 Date Prepared: November 15, 2000 Petition SP -00 -06 PROJECT DETAILS Buildinq Site The applicant wishes to expand the existing building by 2,280 square feet (or approximately 1.8 %) for a larger tire center. This building addition would occur near the northeast corner of the building, on the east side of the building. Site Access The site will have an ingress /egress at the northwest corner of the site, and an egress only at the northeast corner of the site. The site can also be accessed from the Sports Authority site directly west of Costco. SignaQe The applicant is only requesting one red and blue flat wall sign. Landscapinq/Bufferinq The applicant proposes to replace all missing and dead landscaping, and add landscaping so that the site meets the City's landscaping code requirements. Currently, the site has 9,197 landscape points, but the City's landscape code requires 11,655 points. The applicant is proposing 11,849 landscape points. Parkinq The site currently has 524 parking spaces. With the proposed addition, the site is required by City Code to have 541 parking spaces. The applicant is providing 541 parking spaces on site; therefore, the proposed project meets Code regarding required parking. Phasinq The proposed building expansion will occur in one phase. Drainage The existing Costco facility has been permitted by South Florida District and includes a drainage collection network of piping exfiltration trench, detention and controlled outfall into the C -17 proposed increase in impervious coverage, and the applicant is changes to the existing drainage collection/retention system or s patterns. 0 5 Water Management and structures with Canal. There is no not proposing any urface drainage flow • • • City Council Meeting Date: December 7, 2000 Date Prepared: November 15, 2000 Petition SP -00 -06 Legal Nonconformities The site has the following legal nonconformities: 1. A five -foot landscape buffer along east and west boundaries exists, but eight feet is required by Code. 2. Carrotwood trees exist on the site, but today's code does not permit them. 3. Code required foundation landscaping does not exist on the west side of the building. 4. There are several areas in the parking lot where landscape islands do not occur every nine parking spaces. These nonconformities will remain even after the approval of this petition. Northlake Boulevard Corridor Task Force The Northlake Boulevard Corridor Task Force was created to establish aesthetic guidelines for development and redevelopment along Northlake Boulevard. This task force includes Palm Beach County and the municipalities of North Palm Beach, Lake Park, and Palm Beach Gardens. The applicant has submitted a narrative letter from their landscape architect (Tom Kasischke) detailing their compliance with the Northlake Boulevard Corridor Beautification Plan (see attachment). In addition to stating their compliance with the Northelake Boulevard Corridor Beautification Plan, the applicant has also submitted a cost estimate of $16,242 for their fair-share of the Northlake Boulevard Corridor Beautification Plan (landscaping and hardscape within the road right -of -way). Staff has reviewed and agreed with this estimate. Prior to the issuance of a certificate of occupancy, the applicant will have to put this money into an escrow account for their share of the beautification of the road shoulders and median adjacent to their property. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) Planning & Zoning Division The Planning and Zoning Staff have the following comments and concerns regarding this petition: 1. Cart storage shall not impede access (including handicap access) to the building on the site; cart storage shall not be located on any walkways on the site. 2. All broken and missing wheel stops shall be replaced. The applicant, successors, or assigns shall be responsible for the maintenance, repair, and replacement of all wheel stops on the site. 6 City Council Meeting Date: December 7, 2000 Date Prepared: November 15, 2000 Petition SP -00 -06 City Engineerinq City Engineer Sean Donahue has stated in a memorandum dated November 20, 2000 (see attachment), that the applicant will have to field locate all of the proposed trees to prevent any conflicts with the drainage system on site. To date, no objections have been received from the following departments and agencies: Building Division, Fire Department, Police Department, Parks & Recreation Department, City Legal, Seacoast Utility Authority, Palm Beach County School District, South Florida Water Management District, Northern Palm Beach County Improvement District, Waste Management, and Florida Power & Light. OUTSTANDING ISSUES To date, there are no major outstanding issues regarding this petition. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission heard this petition as a workshop on September 12, 2000, and as a recommendation to City Council on October 10, 2000. The Planning and Zoning Commission recommended approval of this petition with a vote of 4 — 0. RECOMMENDATION Staff recommends approval of SP -00 -06 with the following conditions of approval: 1. The applicant shall field locate all of the proposed trees to prevent any conflicts with the drainage system on site. (City Engineering) 2. Prior to the issuance of a certificate of occupancy, the applicant shall place $16,242.20 into an escrow account for its share of the beautification of the road shoulders and median adjacent to its property. (Finance) 3. Cart storage shall not impede access (including handicap access) to the building on the site and shall not be located on any walkways on the site. (Code Enforcement) 4. Prior to the final certificate of occupancy, all broken and missing wheel stops shall be replaced. (City Engineering) 5. The applicant, successors, or assigns shall be responsible for the maintenance, repair, and replacement of all wheel stops on the site. (Code Enforcement) 6. Per the January 27, 2000 traffic statement prepared by Maria Tejera Palombo, P.E., the buildout date for this project is December 31, 2000. (Planning & Zoning) g1john: sp0006.cc ri 0 7 October 24, 2000 RESOLUTION 106, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM COSTCO WHOLESALE, INC. FOR AN AMENDMENT TO THE COSTCO SITE PLAN, LOCATED APPROXIMATELY % OF A MILE EAST OF THE INTERSECTION OF NORTHLAKE BOULEVARD AND INTERSTATE HIGHWAY 95, ON THE SOUTH SIDE OF NORTHLAKE BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, BY APPROVING A 2,280 SQUARE -FOOT BUILDING ADDITION TO HOUSE A TIRE CENTER; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Costco Wholesale, Ltd. for approval of an amendment to the Costco site plan, located approximately 3/4 of a mile east of the intersection of Northlake Boulevard and Interstate Highway 95, on the south side of Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 11.144 -acre "Costco" site is currently zoned General Commercial (CG -1) with a future land use of Commercial (C), and a conditional use for tire and battery installation; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application. and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the amendment of the "Costco" site plan; and WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: • Resolution 106, 2000 Meeting Date: December 7, 2000 Date Prepared: November 15, 2000 Petition SP -00 -06 SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby amends the "Costco" site plan located approximately 3/4 of a mile east of the intersection of Northlake Boulevard and Interstate Highway 95, on the south side of Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 2. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. The applicant shall field locate all of the proposed trees to prevent any conflicts with the drainage system on site. (City Engineering) 2. Prior to the issuance of a certificate of occupancy, the applicant shall place $16,242.20 into an escrow account for its share of the beautification of the road shoulders and median adjacent to its property. (Finance) 3. Cart storage shall not impede access (including handicap access) to the building on the site and shall not be located on any walkways on the site. (Code Enforcement) 4. Prior to the final certificate of occupancy, all broken and missing wheel stops shall be replaced. (City Engineering) 5. The applicant, successors, or assigns shall be responsible for the maintenance, repair, and replacement of all wheel stops on the site. (Code Enforcement) 6. Per the January 27, 2000 traffic statement prepared by Maria Tejera Palombo, P.E., the buildout date for this project is December 31, 2000. (Planning & Zoning) SECTION 3. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: Official Exhibits (dates represent date received and stamped in): 1. November 15, 2000 Site Plan (Tire Installation and Site Improvements), Mulvanny Architects, Sheet SDI, 1 sheet total. 2. August 22, 2000 Site Details, Mulvanny Architects, Sheet SD -2, 1 sheet total. 3. November 7, 2000 Landscape Plan, Seminole Bay Land Company, Sheet LS -1, 1 sheet total. 4. October 5, 2000 Landscape Plan, Seminole Bay Land Company, Sheet LS -1 a, 1 sheet total. 2 • Resolution 106, 2000 Meeting Date: December 7, 2000 Date Prepared: November 15, 2000 Petition SP -00 -06 5. November 7, 2000 Landscape Plan, Seminole Bay Land Company, Sheet LS -2, 1 sheet total. 6. November 15, 2000 Floor Plan, Mulvanny Architects, Sheet A -1.1, 1 sheet total. 7. June 15, 2000 Roof Plan & Details, Mulvanny Architects, Sheet A -2.1, 1 sheet total. 8. August 22, 2000 Exterior Elevations, Mulvanny Architects, Sheet A- 3.1, 1 sheet total. 9. November 15, 2000 Enlarged Exterior Elevations, Mulvanny Architects, Sheet A -3.2, 1 sheet total. 10. November 15, 2000 Enlarged Plans & Reflected Ceiling Plan, Mulvanny Architects, Sheet A -5.1, 1 sheet total. 11. June 15, 2000 Photometric Plan, T.E. Inc., SE -1, 1 sheet total. 12. April 6, 2000 Boundary and Topographic Survey, Carney - Neuhaus, Inc., Sheet 1 of 2, 1 sheet total. SECTION 4. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this Resolution is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Resolution. SECTION 6. All resolutions or parts of resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this Resolution, are hereby repealed. SECTION 7. This Resolution shall be effective upon adoption. • • Resolution 106, 2000 Meeting Date: December T, 2000 Date Prepared: November 15, 2000 Petition SP -00 -06 PASSED AND ADOPTED THIS 7' DAY OF DECEMBER 2000. MAYOR JOSEPH R. RUSSO ATTEST BY: CAROL GOLD CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO grohn: sp0006.res /jl 4 NAY ABSENT C� 1] Resolution 106, 2000 Meeting Date: December 7, 2000 Date Prepared: November 15, 2000 Petition SP -00 -06 EXHIBIT "A" Property DescriPtiOn A certain 11.144 acre parcel of Land lying in SCction 19, Township 42 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: CommENCING at the Northwest (NW) comer of the Northeast Quarter (NE1 14) of snid $action 19, thence South 88'26'50^ east _ 3iV�•yj t:.a ::,—VLIL line o? said erection 15 (the iv*ortin line of said Section 19 is assumed to 'bear South 86'26.50 - East, and all other bearinqs mentioned herein are related thereto), a distance of 512.77 feet; thence South 011311.00' West, a distance of 75.00 feet to a point on the South right -o£ -way cf Northlake Boulevard (West Lake Park Road) , said point beirq the POINT OF BEGINNING of tha_ following described parcel of land; thence front said- POINT OF BEGINNING continue South 01131'00' West, a distance of 800.00 feet, thence South 88.26'5:0" East, a 'distance of 480.87 feet,' nore or less, to a point on * the :test right -of -way of • the Canal 17, as same -is shown on a South Florida. Water Management District right -ol -way. map, Drawing C- 17 -13, dated 03/,11/79; thence. North 19'21-45' East along said West right -of -way, a distance of 715.e5 feet; thence Z;orth. 01.30`50- East along said West right of way, a distance cf. 118.45 feet, more or less, to a point on the South right of way o:E' Nct-thlake Boulevard; thence north 88'26'50" West aloe said South right -of -way, a distance of 700.24 feet, ... -e or less, to the PO = : :: O° BEGINNING Conta ° -ning -acres; more or less. .vv vu:c0 me YULVANNY ARCHITECTS ��jj002 6/2000 12:09 5616413797 SEMINOLE BAY LAID - T Pt�GE 02 U SEMINOLE BAY LAND COMPANY INCORPORATED PLANNING 0 ZONING 6 ENVIRONMENTAL PERMITTING ♦ LANDSCAPE ARCHITECTURE CONFOR11 MCE AND COONWINATION WUH T= NORTIEtT.AxE TAsx FoRcx The proposed redesign of the landscape for Costco on NorthlAIre Boulevard makes use of existing Hens trees, Sabal Palms and major shrub groups of Phtlode* ron for the major fixmework of the right of way landscape buffer. Additional plantings of Philodendron sellourn and Vibunmun suspewvm have been used to create a solid, x neandgring and uv4v6f;n_& hedge along the beffi wWch parallels Northlake Boulevard. Ruwelba spp., a bright purple flowering perantutal, has been used in accent plantings to provide seasonal color. The proposed design and plant materials have been discussed with two members of the Northlake Task Force. These members, one of wham is the chairman of the task force, have mpres+ented to us that the task force has no review process m pl ace. nor have any def *ive plans been set in motion to provide such a rcvkw. We have revrwad the design guidelines for Northlake Boulevard, and whit our plants are not on the suggested plant list, we believe that our proposed plant pallette provides the xeriscape and seasonal color dcsiu cd by the designers. As an additional side note, we would suggest that the Northlav- Boulevard Task Force plant list is tremendously limited (o* 11 suggested shrubs and ground covers ) and incl-4-9 highly questionable plants such as dwarf oleander 04* susceptible to caterpillars and very short lived), Croton (wrtr cmely baggy and very poor for use as a b+odgc) and hibiscus (big* tua suscept41eMz1e1>, fungus and insect dage). . • 1N 3W1HVd30 1N3W30VNVW 141Mn )4c) suapie� 8J la !quo 0 1704 NORTH DIXIE HIG11WAY, SUITE ONE. LAKE WORTH, FL. 33460 vtioNE. S61.641.8981 FAX: 561.493.3064 &bf WC. CONSULTING OVAL CNt:1N9I RS. SURVEYORS CIVIL. AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIs "Partners for Results Value by Design" 40 50 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax: (561) 286 -3925 www.lbfh.Com MEMORANDUM TO: John Lindgren FROM: Sean C. Donahue, P.E. DATE: November 20, 2000 FILE NO. 99 -4084 SUBJECT: Costco Tire Center We have reviewed the following plans: Received on November 14, 2000: • Landscape Plans prepared by Seminole Bay Land Company. Received on November • Site Plan prepared by Mulvanny Architects. • Floor and Elevation Plans prepared by Mulvanny Architects. We have the following comments, which are based on our October 30, 2000 memorandum: I. Previously Satisfied. 2. Previously Satisfied. 3. Previously Satisfied. 4. Satisfied. The applicant has revised the angle of the parking spaces to 60° with an aisle width of 14 -feet and a stall depth of 19 -feet, which meets the requirements of Section 179. 5. Previously Satisfied. 6. Previously Satisfied. 6. Previously Satisfied. 8. Previously Satisfied. 9. Previously Satisfied. Costco Page 2 of 2 LBFH File No. 99 -4084 10. Satisfied. The applicant has included a note on the Landscape Plans to field locate all proposed tree to prevent any conflicts with the drainage system. 11. Previously Satisfied. 11. Previously Satisfied. 12. Previously Satisfied. 13. - Previously Satisfied. 15. Previously Satisfied. 16. Previously Satisfied. 14. Previously Satisfied. 18. Previously Satisfied. 19. Previously Satisfied. We have no additional engineering concerns. SCD /ms cc: Steve Cramer P :\PROJF.M\PBOMEMO\4084`40841doc • ss 11� Q— I co uj @�@ C'7 i 1W 111111111 cu lilt luu: p M iflil�l,tt!!f{I� m Lu W _ ! l i 1 5 ° Pa �o�ame�b ®. ■ LU I O ` W .!� fl� i �,f ¢ _ ;4 .; �1 , j ; ! I. lif z ui (h W . ¢ {, LU a E i i l l ti j Q s4 i j LU W !!s �f !s4 �� 44 ,�SS�i Hjs�i l,=44 ,7744 4d 44 1144 4'�i4 ��i 4 t! Qi �il� iQii� 'l,i Hli„ ellQai QlQiii �if,i IIi�4 .iiii !!ii ! .q .► d F ! �! ! 11 1l 1Z IZ$ i�f iiait!l�ii6i14�i�ti {�liiii!!t 6 3 N 1 o' 4��1 (36bi�i6l�E[i44i14�ili4i� :i�6 Z 1 ! • i• . °. . t = Qf Q tt1ltiltlFES:cittQe�ilt,ii ,St.lcllii7 Isi14E a ! 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R-15 a Tic, ;III - off T-il I oil: 41 1 1 4: I • 1] • MVId OMLLH9n V HaAOJ OWS02 waoRm VW• MVId OMLLH9n V HaAOJ LTE± FTM j L L)Q °l bflo �� a e 0 a a VW• 1, i ::Ll 44 4-- _J=t-, Fri fE LTE± FTM j L L)Q °l bflo �� a e 0 a a 1! . tf • z U fo 0, 0 Up <U 4.0 uz F NV'1d omiHon aNy HaAOd - MOLLrM1SNf/S3TVS 31M CO Dul -�7, COASOO e e 0 is 1! . tf • z U fo 0, 0 Up <U 4.0 uz F NV'1d omiHon aNy HaAOd - MOLLrM1SNf/S3TVS 31M Jill' is e e 0 is • LIN CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 7, 2000 Date Prepared: November 27, 2000 Subject/Agenda Item: Consideration of Approval: Resolution 117, 2000 Appointing Kevin M. Wagner to serve as Code Enforcement Special Master on an interim basis and authorizing the Mayor and City Clerk to execute an agreement with Kevin M. Wagner. Recommendation /Motion: If io rcrnmmcnricri that Rccnli if inn 117 goer) hn nnnmvArl Reviewed by: Originating Dept: Costs:* 120.00 per Council Action: Growth Management hour Total City Attorney Code Enfor ent Divi 9 [ ] Approved Finance k $ 4320.00 [ ] Approved wroonaidons Other Current FY [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ x ] Other Professional Services -Other 1. Memorandum from City Attorney dated Nov. 13, 2000. 2. Resolution 117, 2000 [ x] Not Required 3. Agreement ub ed by: o G h Mgt Director Affected parties Budget Acct #: Notified 1430- 515.3150 [ ] None ApprManger j City [ x ] Not required BACKGROUND: On June 1, 2000, the City Council adopted Ordinance 12, 2000, which amended Chapter 2 of the City's Code of Ordinances entitled "Administration," Article IV entitled "Code Enforcement," by providing for Code Enforcement proceedings to be conducted by a Special Master. Mr. Kevin M. Wagner, the former Chairperson of the Code Enforcement Board, has served as a volunteer Special Master since the adoption of Ordinance 12, 2000. RECOMMENDATION: Staff recommends that Council adopt Resolution 117, 2000 on first reading. Staff anticipates it will take approximately 5 days to execute the agreement. COST: $4320.00 was approved in this budget year for the services of a Special Master. This breaks down to an hourly cost of $120.00. • • • • • M E M O R A N D U M WATTERSON, HYLAND & KLETT, P.A. To: Kelvin Wise, Code Enforcement Administrator From: Leonard G. Rubin, City Attorney Subject: Agreement with Interim Special Mas er File No: 319.057 Date: November 13, 2000 Attached please find a revised Agreement between the City of Palm Beach Gardens and Kevin M. Wagner, whereby Mr. Wagner agrees to serve as the City's Code Enforcement Special Master on an interim basis. Because the Code specifically provides that the Special Master is to be appointed by the City Council, this Agreement must be approved by the City Council. To that end, please prepare the necessary agenda cover memorandum for this item to appear on the City Council's December 7, 2000 agenda. I have already attached the necessary Resolution. It is my understanding that Mr. Wagner will serve in this capacity on atemporary basis. Please advise as to whether the City has initiated the process to find a permanent Special Master and when that process will be completed. Should you have any questions relative to the foregoing, please do not hesitate to contact me. P: \CPW i n \H i story\001106A \444.2 D(scw)(319.05 n • November 27, 2000 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 117, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPOINTING KEVIN M. WAGNER TO SERVE AS CODE ENFORCEMENT SPECIAL MASTER ON AN INTERIM BASIS AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH KEVIN WAGER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2 -211 of the City's Code of Ordinances provides that the City Council shall appoint a Code Enforcement Special Master by a majority vote; and WHEREAS, the Code Enforcement Administrator has recommended that Kevin M. Wagner be appointed to serve in this capacity on an interim basis and that the City enter into an agreement with Wagner; and WHEREAS, the City Council has determined the appointment of Kevin M. Wagner to be in best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby appoints Kevin M. Wagnerto serve as Code Enforcement Special Master on an interim basis. The City Council further authorizes the Mayor and City Clerk to execute an agreement with Mr. Wagner, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. 0 -1- • RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2000. MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK PACPWin\ HIST0RY\ 001106A \43F_51(319.062)Igr -doc80 0 -2- AGREEMENT THIS AGREEMENT, made and entered into this day of ,2000 by and between the CITY OF PALM BEACH GARDENS, a municipal corporation organized and existing under the laws of the State of Florida ( "City ") and KEVIN M. WAGNER ( "Wagner"), individually. WITNESSETH: WHEREAS, the City wishes to retain the services of Wagner to serve as the City's Code Enforcement Special Master on an interim basis. NOW THEREFORE, inconsideration of the promises, mutual covenants, conditions, provisions and undertakings herein contained, and for other good and valuable consideration, the parties do mutually covenant and agree with each other as follows: SECTION 1. DUTIES A. Wagner shall serve as the City's Code Enforcement Special Master at all scheduled Code Enforcement hearings in accordance with Chapter 2, Article IV, Division 1 of the City's Code of Ordinances and shall devote such time as is necessary to perform the duties outlined therein. B. Wagner shall exercise all authority granted by Section 2 -213 of the City's Code of Ordinances. SECTION 2. TERM AND TERMINATION A. This Agreement shall remain in effect for a period of one (1) year, unless terminated earlier. B. This Agreement may be terminated at any time by either party, for any or no reason, by serving notice'on the other party. Such notice shall be effective on the day it is delivered or mailed. C. In the event of termination, Wagner will be compensated for all services actually performed prior to the date of termination. SECTION 3. INDEPENDENT CONTRACTOR A. The parties acknowledge and agree that the City is retaining Wagner as an independent contractor and Wagner shall not, for any purpose, be considered a City employee. The parties stipulate that this Agreement is not an employment contract and does not create an employer /employee or principal/agent P relationshi nor will such a relationship be created by reason of Wagner's performance of the services herein specified. B. Wagner is providing a professional service and Wagner will be solely responsible for all payroll taxes, including, but not limited to, federal income withholding tax, worker's compensation, FICA, and federal and state unemployment taxes. Wagner will be responsible for the filing of an IRS Form 1099 and the payment of applicable self - employment taxes. SECTION 5. COMPENSATION A. As compensation for performing the services contemplated by this Agreement, the City will pay Wagner the sum of $120 for each hour worked. B. The City shall pay Wagner on a monthly basis, upon receipt of an invoice detailing all services performed and the amount of time expended to the nearest one -tenth (1/10) of an hour. SECTION 6. NOTICES All written notices required under, or contemplated by, this Agreement shall be hand delivered, telecommunicated, or mailed by certified mail, return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager As to Wagner: Kevin M. Wagner 10168 Siena Oaks Circle East Palm Beach Gardens, Florida 33410 SECTION 6. GENERAL PROVISIONS A. This Agreement shall constitute the entire understanding between the parties and shall be modified and amended only in writing and executed with the same formalities as the original. 0 -2- • B. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. C. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. Attest: Carol Gold, City Clerk Witness: P: \CP Wi n W istory\000616A\F20. gA(1501.000 )l gr CITY OF PALM BEACH GARDENS By: Joseph R. Russo, Mayor KEVIN M. WAGNER -3- U1 • P4 49 Ofp 4 1 SCOTT HARRIS A T T O R N E Y S AT L A W SCOTT, HARRIS, BRYAN, BARRA & JORGENSEN, P.A. August 18, 2000 Mary Smith City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Dear Ms. Smith: I am writing to ask to be considered for the position of special master for the City of Palm Beach Gardens. As you know, I am currently serving -as Interim Special Master and prior to that I served on the Code Enforcement Board as the Chairperson. I have an extensive background in real property law and local government law and I have litigated matters from planning and zoning to code enforcement. If there is any further information you need from please let me know. I have enclosed a copy of my resume for your reference. Kevin M. Wagner KMW/kh L,/.cRoxane Manning, Growth Management Director of the City of Palm Beach Gardens Richard K. Barra • John L. Bryan, Jr. • J. Richard Harris Cynthia J. Jackson • John M. Jorgensen • Kevin M. Wagner • Robert C. Scott (1925- 1982) 4400 PGA Boulevard, Suite 800 • Palm Beach Gardens, Florida 33410 (5011 A24_�O(1(1 • Fa• (5611 67.4 -3Sg1 • Email! infoO)scott- harria.com • www.scott- harria.com • KEVIN MICHAEL WAGNER 10168 Siena Oaks Circle East Palm Beach Gardens Fl. 33410 (561) 691 -6802 EDUCATION: University of Florida College of Law Admitted to The Florida Bar 9/96 J.D. with Honors: May, 1996 - G.P.A.: 3.3 High Honors: Spring 1994, Fall 1995 Honors: Fall 1993, Spring 1995 Florida Journal of International Law Senior Student Works Editor Fall 1994: Top 10% of Class Invitee Russian Academy of Sciences St. Petersburg, Russia Intensive Language Study - Summer 1993 Florida State University B.A.: Magna Cum Laude - May, 1993 Major: International Affairs - Minor: Russian Language G.P.A.: 3.81 HONORS: Phi Beta Kappa - Oldest Greek Honor Society Phi Kappa Phi - National Honor Society Golden Key National Honor Society Deans List: 1989 -1993 Pathfinder Award for Forensic Excellence Book Award - Criminal Procedure - Fall, 1995 EXPERIENCE: Scott, Royce, Harris, Bryan, Barra & Jorgensen, P.A. Palm Beach Gardens, FL Associate Attorney - June, 1996 - Present Government Law, Land Use and Commercial Litigation Sixth Circuit Court of Florida - Clearwater, FL Judicial Law Clerk - 1995 U.F. College of Law Teaching Fellow - Legal Research and Writing 1994 -1996 0 Alpert, Josey & Hughes, P.A. - Tampa, FL Summer Associate - 1994 ACTIVITIES: Florida Bar - Federal Bar - American Bar Association Employment Law Committee - Palm Beach County Bar Association. City of Palm Beach Gardens - Interim Special Master Boy Scouts - Eagle Scout - High School Debate State Champion • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 17, 2000 Meeting Date: December 7, 2000 Subject/Agenda Item: Consideration of approval of Resolution 121, 2000, authorizing the Mayor and City Clerk to execute a Roadway Lighting System Maintenance Agreement and Addendum with the Florida Department of Transportation. Recommendation: Approval of Resolution 121, 2000 Reviewed by: � Originating Dept: Costs: Council Action: City Attomey Finance KA City Attorney ` Not Applicable [ ] Approved [ ] Approved with conditions ACM [ ] Denied Other Advertised: Date: Funding Source: ( ] Operating ( ] Continued to: Submitted by: Paper: [ ] Other City Attorney [ X] Not Required Affected parties: Attachments: Resolution 121, 2000 Appr Maintenance Agreement Notified Addendum City [ X] Not Required M E M O R A N D U M WAITERSON, HYLAND & KLETT, P.A To: Ronald M. Ferris, Interim City Mana From: Leonard G. Rubin, City Attorney Subject: FDOT Roadway Lighting System Maintenance Agreement Date: November 17, 2000 This is a request for approval of Resolution 121, 2000, authorizing the Mayor and City Clerk to execute a Roadway Lighting System Maintenance Agreement and Addendum with the Florida Department of Transportation. In conjunction with the construction of the PGA Flyover improvements, the FDOTwill be constructing a roadway lighting system. FDOT is requiring the Cityto maintain the lighting system, pay for all electrical power and enter into its standard agreement. The Addendum to the Agreement merely clarifies the intent of the indemnification provision. FDOT will not alter the terms of its standard agreement. Should you have any questions relative to the foregoing, please do not hesitate to contact me. P: \CPW in \History\000306A \446.23 (scw)(319.055) 0 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 121, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT AND ADDENDUM WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in conjunction with the construction of the PGA Flyover improvements, the Florida Department of Transportation ( "FDOT) will be installing a roadway lighting sytem, the maintenance of which will be the responsibility of the City; and WHEREAS, FDOT has requested thatthe City enter into a Maintenance Agreement outlining the responsibilities of each party with respect to the roadway lighting system; and WHEREAS, the City and FDOT have negotiated an Addendum to the Maintenance Agreement to clarify certain provisions in the Agreement drafted by FDOT; and WHEREAS, the City Council has determined execution of the Roadway Lighting System Maintenance Agreement and Addendum to be in best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby authorizes the Mayor and City Clerk to execute the Roadway Lighting System Maintenance Agreement and Addendum, copies of which are attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. 9 -1- 0 RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2000. MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK 0 -2- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710- 010 -52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT Rev. 07/00 Financial Project ID: 229771- 1 -56 -01 Federal Project ID: N/A Work Program Item No. (old): 4118815 County /Section No: 93001 State Job No. (old): 93001 -6512 District Document No:N /A THIS AGREEMENT, entered into this day of , year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT," and City of Palm Beach Gardens , hereinafter referred to as the "MAINTAINING AGENCY'; WITNESSETH: WHEREAS, there exists or is about to be installed on the state highway system a lighting system more particularly described in Exhibit A attached hereto, and by this reference made a part hereof, hereinafter referred to as the "Roadway Lighting System "; and; WHEREAS, the FDOT and the MAINTAINING AGENCY desire to enter into an agreement pursuant to the provisions of Rule Chapter 14 -64 of the Florida Administrative Code providing for the maintenance of the Roadway Lighting System; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the MAINTAINING AGENCY hereby agree as follows: 1. Maintenance.of the Roadway Lighting System a. The MAINTAINING AGENCY shall, at its sole cost and expense, maintain the roadway Lighting System throughout its expected useful life. b. In maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall perform all activities necessary to keep the Roadway Lighting System fully and properly functioning at all times for its normal expected useful life in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of nature. Said maintenance shall include, but shall not be limited to, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Roadway Lighting System (including the poles and any and all other component parts installed as part of the Roadway Lighting System), and the locating of facilities as may be necessary. C. All maintenance shall be in accordance with the provisions of the following: (1) Roadway and Roadside Maintenance Procedure, Topic No. 850 - 000 -015; (2) Manual of Uniform Traffic Control Devices and Safe Procedures for Streets and Highway Construction; and (3) All other applicable local, state or Federal laws, rules resolution, or ordinances and FDOT procedures. 2. Operating Costs In addition to the costs of maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall be responsible for all costs of operating the Roadway Lighting System, including, but not limited to, all costs of electrical power consumed by the Roadway Lighting System and all other electrical charges. 3. Record Keeping The MAINTAINING AGENCY shall keep records of all activities performed and costs expended pursuant to this Page 1 of 4 C� 4. 61, • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710 - 010 -52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT Rev. 07100 Agreement. The records shall be kept in such format as is approved by the FDOT. All such records shall be deemed to be public records subject to the provisions of Chapter 119, Florida Statutes. Default In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: a. Pursue a claim for damages suffered by the FDOT or the public. b. Suspend the issuance of further permits to the MAINTAINING AGENCY for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from FDOT until such time as the breach is cured. C. Pursue any other remedies legally available. Perform any work with its own forces or through contractors and seek repayment for the cost thereof from the MAINTAINING AGENCY. e. Require the MAINTAINING AGENCY to remove the Roadway Lighting System at the MAINTAINING AGENCY's sole cost and expense. Indemnification FOR GOVERNMENT -OWNED UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The LIAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the LIAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON - GOVERNMENT -OWNED UTILITIES, The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at. the FDOT's option, to participate and Pape 2 of 4 • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fowm No. I10-00.52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT Rev oiroo associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement. negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen. (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to'defend. 6. Force Majeure ,r Neither the MAINTAINING AGENCY nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non - performing party and which could not have been avoided or overcome by the exercise of due diligence: provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 7. Miscellaneous a. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties. understand and agree that the FDOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the MAINTAINING AGENCY and the FDOT may have entered into joint agreements for Utility Work to be performed by FDOT's highway contractor. To the extent that such a joint agreement exists, this Agreement shall not apply to Facilities covered by the joint agreement. Copies of FDOT manuals, policies, and procedures will be provided to the MAINTAINING AGENCY upon request. . b. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions hereof. c. Time is of the essence in the performance of all obligations under this Agreement. d. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The MAINTAINING AGENCY shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the MAINTAINING AGENCY: City Manaqer, City of Palm Beach Gardens - 10500 North Military Trail - Palm Beach Gardens, FL 33410 - If to the FDOT: FDOT Resident Enqineer - Tom Driscoll - 7900 West Forrest Hill Boulevard West Palm Beach, FL — Page 3 of 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710 -010.52 • ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT Rev. 07/00 08. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the MAINTAINING AGENCY in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled "Changes To Form Document" and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above -named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the MAINTAINING AGENCY hereby represents that no change has been made to the text of this document except through the terms of the Appendix entitled "Changes To Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. MAINTAINING AGENCY: City of Palm Beach Gardens DATE: i i BY: (Signature) i (Typed Name: ) Recommend Approval by the District Utility Office DATE: i i BY: (Signature) a t (Typed Name: ) j I I FDOT Legal Review I I BY: (Signature) DATE: i District Counsel i STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: ) (Typed Title: ) i FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: _ DATE: (Typed Name: • Page 4 of 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710 - 010 -52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT Rev. 07/00 Financial Project ID: 229771- 1 -56 -01 Federal Project ID: N/A Work Program Item No. (old): 4118815 County /Section No: 93001 State Job No. (old): 93001 -6512 District Document No:N /A THIS AGREEMENT, entered into this day of , year of ' , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT," and City of Palm Beach Gardens, hereinafter referred to as the "MAINTAINING AGENCY "; WITNESSETH: WHEREAS, there exists or is about to be installed on the state highway system a lighting system more particularly described in Exhibit A attached hereto, and by this reference made a part hereof, hereinafter referred to as the "Roadway Lighting System "; and; WHEREAS, the FDOT and the MAINTAINING AGENCY desire to enter into an agreement pursuant to the provisions of Rule Chapter. 14-64 of the Florida Administrative Code providing for the maintenance of the Roadway Lighting System; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the MAINTAINING AGENCY hereby agree as follows: 1. Maintenance of the Roadway Lighting System a. The MAINTAINING AGENCY shall, at its sole cost and expense, maintain the roadway Lighting System throughout its expected useful life. b. In maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall perform all activities necessary to keep the Roadway Lighting System fully and properly functioning at all times for its normal expected useful life in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of nature. Said maintenance shall include, but shall not be limited to, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Roadway Lighting System (including the poles and any and all other component parts installed as part of the Roadway Lighting System), and the locating of facilities as may be necessary. C. All maintenance shall be in accordance with the provisions of the following: (1) Roadway and Roadside Maintenance Procedure, Topic No. 850 - 000 -015; (2) Manual of Uniform Traffic Control Devices and Safe Procedures for Streets and Highway Construction; and (3) All other applicable local, state or Federal laws, rules resolution, or ordinances and FDOT procedures. 2. Operating Costs In addition to the costs of maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall be responsible for all costs of operating the Roadway Lighting System, including, but not limited to, all costs of electrical power consumed by the Roadway Lighting System and all other electrical charges. 3. Record Keeping The MAINTAINING AGENCY shall keep records of all activities performed and costs expended pursuant to this Pape 1.of 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. I10-010 -52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT Rev oimo Agreement. The records shall be kept in such format as is approved by the FDOT. All such records shall be deemed to be public records subject to the provisions of Chapter 119, Florida Statutes. 4. Default In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: a. Pursue a claim for damages suffered by the FDOT or the public. b. Suspend the issuance of further permits to the MAINTAINING AGENCY for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from FDOT until such time as the breach is cured. C. Pursue any other remedies legally available. Perform any work with its own forces or through contractors and seek repayment for the cost thereof from the MAINTAINING AGENCY. e. Require the MAINTAINING AGENCY to remove the Roadway Lighting System at the MAINTAINING AGENCY's sole cost and expense. 5. Indemnification FOR GOVERNMENT -OWNED UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO In the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON - GOVERNMENT -OWNED UTILITIES, The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and Page 2 of 4 • • • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Folm No. 710-010-512 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT Rev. 07/00 associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. s. Force Majeure Neither the MAINTAINING AGENCY nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non - performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 7. Miscellaneous This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the MAINTAINING AGENCY and the FDOT may have entered into joint agreements for Utility Work to be performed by FDOT's highway contractor. To the extent that such a joint agreement exists, this Agreement shall not apply to Facilities covered by the joint agreement. Copies of FDOT manuals, policies, and procedures will be provided ,o the MAINTAINING AGENCY upon request. b. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions hereof. c. Time is of the essence in the performance of all obligations under this Agreement. d. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The MAINTAINING AGENCY shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the MAINTAINING AGENCY: City Manaqer, City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 If to the FDOT: FDOT Resident Enqineer - Tom Driscoll 7900 West Forrest Hill Boulevard West Palm Beach, FL Page 3 of4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710.0`10-52 r ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT Rev. 07/00 s. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the MAINTAINING AGENCY in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled "Changes To Form Document" and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above -named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the MAINTAINING AGENCY hereby represents that no change has been made to the text of this document except through the terms of the Appendix entitled "Changes To Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. MAINTAINING AGENCY: City of Palm Beach Gardens DATE: BY: (Signature) (Typed Name: ) Recommend Approval by the District Utility Office DATE: BY: (Signature) (Typed Name: ) FDOT Legal Review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: ) (Typed Title: ) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: DATE: (Typed Name: • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT Financial Project ID: 229771- 1 -56 -01 Federal Project ID: N/A Work Program Item No. (old): 4118815 County /Section No: 93001 State Job No. (old): 93001 -6512 1 District Document No:N /A Form No. 710 -010 -52 UIiIiGes Rev. 07/00 THIS AGREEMENT, entered into this day of , year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT," and City of Palm Beach Gardens, hereinafter referred to as the "MAINTAINING AGENCY "; WITNESSETH: WHEREAS, there exists or is about to be installed on the state highway system a lighting system more particularly described in Exhibit A attached hereto, and by this reference made a part hereof, hereinafter referred to as the `Roadway Lighting System "; and; WHEREAS, the FDOT and the MAINTAINING. AGENCY desire to enter into an agreement pursuant to the provisions of Rule Chapter 14 -64 of the Florida Administrative Code providing for the maintenance of the Roadway Lighting System; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the MAINTAINING AGENCY hereby agree as follows: P4 03, Maintenance.of the Roadway Lighting System The MAINTAINING AGENCY shall, at its sole cost and expense, maintain the roadway Lighting System throughout its expected useful life. In maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall perform all activities necessary to keep the Roadway Lighting System fully and properly functioning at all times for its normal expected useful life in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of nature. Said maintenance shall include, but shall not be limited to, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Roadway Lighting System (including the poles and any and all other component parts installed as part of the Roadway Lighting System), and the locating of facilities as may be necessary. C. All maintenance shall be in accordance with the provisions of the following: (1) Roadway and Roadside Maintenance Procedure, Topic No. 850 -000 -015; (2) Manual of Uniform Traffic Control Devices and Safe Procedures for Streets and Highway Construction; and (3) All other applicable local, state or Federal laws, rules resolution, or ordinances and FDOT procedures. Operating Costs In addition to the costs of maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall be responsible for all costs of operating the Roadway Lighting System, including, but not limited to, all costs of electrical. power consumed by the Roadway Lighting System and all other electrical charges. Record Keeping The MAINTAINING AGENCY shall keep records of all activities performed and costs expended pursuant to this Page 7 of 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 71"10 -52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT Rev. 07100 Agreement. The records shall be kept in such format as is approved by the FDOT. All such records shall be deemed to be public records subject to the provisions of Chapter 119, Florida Statutes. 4. Default In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: a. Pursue a claim for damages suffered by the FDOT or the public. b. Suspend the issuance of further permits to the MAINTAINING AGENCY for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from FDOT until such time as the breach is cured. C. Pursue any other remedies legally available. d. Perform any work with its own forces or through contractors and seek repayment for the cost thereof from the MAINTAINING AGENCY. e. Require the MAINTAINING AGENCY to remove the Roadway Lighting System at the MAINTAINING AGENCY's sole cost and expense. 5. Indemnification FOR GOVERNMENT -OWNED UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the LIAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON - GOVERNMENT -OWNED UTILITIES, The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and Page 2 of 4 • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ions No. 7W-010-52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT Rev oiroo associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 6. Force Majeure Neither the MAINTAINING AGENCY nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non - performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 7. Miscellaneous a. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the MAINTAINING AGENCY and the FDOT may have entered into joint agreements for Utility Work to be performed by FDOT's highway contractor. To the extent that such a joint agreement exists, this Agreement shall not apply to Facilities covered by the joint agreement. Copies of FDOT manuals, policies, and procedures will be provided :o the MAINTAINING AGENCY upon request. b. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions hereof. c. Time is of the essence in the performance of all obligations under this Agreement. d. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The MAINTAINING AGENCY shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the MAINTAINING AGENCY: City Manager, City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 If to the FDOT: FDOT Resident Engineer - Tom Driscoll - 7900 West Forrest Hill Boulevard — West Palm Beach, FL — Pago 3 of 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth No. 710 -010.52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT Rev07100 0s. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the MAINTAINING AGENCY in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled "Changes To Form Document" and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above -named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the MAINTAINING AGENCY hereby represents that no change has been made to the text of this document except through the terms of the Appendix entitled "Changes To Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. MAINTAINING AGENCY: City of Palm Beach Gardens DATE: BY: (Signature) (Typed Name: ) Recommend Approval by the District Utility Office DATE: BY: (Signature) (Typed Name: ) FDOT Legal Review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: ) (Typed Title: ) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: -- DATE: (Typed Name: • Page 4 of 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Farm No. 710. 010 -52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT R 07'100 Financial Project ID: 229771- 1 -56 -01 Federal Project ID: N/A Work Program Item No. (old): 4118815 County /Section No: 93001 State Job No. (old): 93001 -6512 District Document No:N /A THIS AGREEMENT, entered into this day of , year of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT," and City of Palm Beach Gardens , hereinafter referred to as the "MAINTAINING AGENCY "; WITNESSETH: WHEREAS, there exists or is about to be installed on the state highway system a lighting system more particularly described in Exhibit A attached hereto, and by this reference made a part hereof, hereinafter referred to as the "Roadway Lighting System "; and; WHEREAS, the FDOT and the MAINTAINING AGENCY desire to enter into an agreement pursuant to the provisions of Rule Chapter 14 -64 of the Florida Administrative Code providing for the maintenance of the Roadway Lighting System; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the MAINTAINING AGENCY hereby agree as follows: i 1. Maintenance.of the Roadway Lighting System a. The MAINTAINING AGENCY shall, at its sole cost and expense, maintain the roadway Lighting System throughout its expected useful life. b. In maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall perform all activities necessary to keep the Roadway Lighting System fully and properly functioning at all times for its normal expected useful life in accordance with ,the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of nature. Said maintenance shall include, but shall not be limited to, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Roadway Lighting System (including the poles and any and all other component parts installed as part of the Roadway Lighting System), and the locating of facilities as may be necessary. C. All maintenance shall be in accordance with the provisions of the following: (1) Roadway and Roadside Maintenance Procedure, Topic No. 850 - 000 -015; (2) Manual of Uniform Traffic Control Devices and Safe Procedures for Streets and Highway Construction; and (3) All other applicable local, state or Federal laws, rules resolution, or ordinances and FDOT procedures. 2. Operating Costs In addition to the costs of maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall be responsible for all costs of operating the Roadway Lighting System, including, but not limited to, all costs of electrical power consumed by the Roadway Lighting System and all other electrical charges. 3. Record Keeping The MAINTAINING AGENCY shall keep records of all activities performed and costs expended pursuant to this Pape 1 of 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth No. Ito -010-52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT Rev. 07100 Agreement. The records shall be kept in such format as is approved by the FDOT. All such records shall be deemed to be public records subject to the provisions of Chapter 119, Florida Statutes. 4. Default In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: a. Pursue a claim for damages suffered by the FDOT or the public. b. Suspend the issuance of further permits to the MAINTAINING AGENCY for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from FDOT until such time as the breach is cured. C. Pursue any other remedies legally available. d. Perform any work with its own forces or through contractors and seek repayment for the cost thereof from the MAINTAINING AGENCY. e. Require the MAINTAINING AGENCY to remove the Roadway Lighting System at the MAINTAINING AGENCY's sole cost and expense. 5. Indemnification FOR GOVERNMENT -OWNED UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However,. if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON - GOVERNMENT -OWNED UTILITIES, The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and raga 2 or 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710 -010 -52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT Rev. 07100 associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. s. Force Majeure Neither the MAINTAINING AGENCY nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non - performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 7. Miscellaneous a. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the MAINTAINING AGENCY and the FDOT may have entered into joint agreements for Utility Work to be performed by FDOT's highway contractor. To the extent that such a joint agreement exists, this Agreement shall not apply to Facilities covered by the joint agreement. Copies of FDOT manuals, policies, and procedures will be provided 'o the MAINTAINING AGENCY upon request. b. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions hereof. c. Time is of the essence in the performance of all obligations under this Agreement. d. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The MAINTAINING AGENCY shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the MAINTAINING AGENCY: City Manager, City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 If to the FDOT: FDOT Resident Engineer - Tom Driscoll 7900 West Forrest Hill Boulevard West Palm Beach, FL • Page 3 & 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT 108. Certification Form No. 710 -010-52 Utilities Rev. 07/00 This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the MAINTAINING AGENCY in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled "Changes To Form Document' and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above -named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the MAINTAINING AGENCY hereby represents that no change has been made to the text of this document except through the terms of the Appendix entitled "Changes To Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. MAINTAINING AGENCY: City of Palm Beach Gardens DATE: BY: (Signature) , (Typed Name: ) Recommend Approval by the District Utility Office DATE: BY: (Signature) (Typed Name: ) FDOT Legal Review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: ) (Typed Title: ) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: DATE: (Typed Name: ) • Page 4 of 4 ADDENDUM TO ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT THIS ADDENDUM is entered into on even date with the Roadway Lighting System Maintenance Agreement ( "Agreement ") by and between STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, ( "FDOT ") and the CITY OF PALM OF PALM BEACH GARDENS, FLORIDA ( "MAINTAINING AGENCY "). WITNESSETH: WHEREAS, the FDOT and the MAINTAINING AGENCY wish to amend and clarify section 5 of the Agreement to more accurately define the MAINTAINING AGENCY's obligation to indemnify the FDOT. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in the Agreement and this Addendum, the FDOT and the MAINTAINING AGENCY hereby agree as follows: 1. Forthe purposes of Section 5 of the Agreement, the MAINTAINING AGENCY shall be considered a "Government -owned Utility" and shall be referred to by the acronym "UAO." 2. The following language shall be added to the end of the first full paragraph of Section 5: "Nothing contained herein shall be construed as a waiver of the MAINTAINING AGENCY's sovereign immunity protections orthe limitation of liability set forth in section 768.28, Florida Statutes." IN WITNESS WHEREOF, the parties have executed this Addendum on even date with the Roadway Lighting System Maintenance Agreement. Attest: CITY OF PALM BEACH GARDENS, FLORIDA An Joseph R. Russo, Mayor Approved as to form and legal sufficiency: Carol Gold, CMC, City Clerk Leonard G. Rubin, City Attorney Page 1 of 2 • Attest: FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Title: Approved as to form and legal sufficiency: Name: Name: Title: Title: PACPWinW ISTORY\001017A1FB 1.24(319.088)Igr -0oc36 • • ADDENDUM TO ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT THIS ADDENDUM is entered into on even date with the Roadway Lighting System Maintenance Agreement ("Agreement") by and between STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (" FDOT ") and the CITY OF PALM OF PALM BEACH GARDENS, FLORIDA ( "MAINTAINING AGENCY "). WITNESSETH: WHEREAS, the FDOT and the MAINTAINING AGENCY wish to amend and clarify section 5 of the Agreement to more accurately define the MAINTAINING AGENCY's obligation to indemnify the FDOT. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in the Agreement and this Addendum, the FDOT and the MAINTAINING AGENCY hereby agree as follows: Forthe purposes of Section 5 of the Agreement, the MAINTAINING AGENCY shall be considered a "Government -owned Utility" and shall be referred to by the acronym "UAO." 2. The following language shall be added to the end of the first full paragraph of Section 5: "Nothing contained herein shall be construed as a waiver of the MAINTAINING AGENCY's sovereign immunity protections orthe limitation of liability set forth in section 768.28, Florida Statutes." IN WITNESS WHEREOF, the parties have executed this Addendum on even date with the Roadway Lighting System Maintenance Agreement. Attest: Carol Gold, CMC, City Clerk CITY OF PALM BEACH GARDENS, FLORIDA In Joseph R. Russo, Mayor Approved as to form and legal sufficiency: Leonard G. Rubin, City Attorney 0 Page 1 of 2 r Attest: Name: Title: PACPWin\HIST0RYW01017A\FB 1.24(319.088)Igr -doc36 FLORIDA DEPARTMENT OF TRANSPORTATION M Name: Title: Approved as to form and legal sufficiency: Name: Title: 0 Page 2 of 2 ADDENDUM TO ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT THIS ADDENDUM is entered into on even date with the Roadway Lighting System Maintenance Agreement ( "Agreement ") by and between STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, ( "FDOT ") and the CITY OF PALM OF PALM BEACH GARDENS, FLORIDA ( "MAINTAINING AGENCY "). WITNESSETH: WHEREAS, the FDOT and the MAINTAINING AGENCY wish to amend and clarify section 5 of the Agreement to more accurately define the MAINTAINING AGENCY's obligation to indemnify the FDOT. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in the Agreement and this Addendum, the FDOT and the MAINTAINING AGENCY hereby agree as follows: 1. Forthe purposes of Section 5 of the Agreement, the MAINTAINING AGENCY shall be considered a "Government -owned Utility" and shall be referred to bythe acronym "UAO." 2. The following language shall be added to the end of the first full paragraph of Section 5: "Nothing contained herein shall be construed as a waiver of the MAINTAINING AGENCY's sovereign immunity protections orthe limitation of liability set forth in section 768.28, Florida Statutes." IN WITNESS WHEREOF, the parties have executed this Addendum on even date with the Roadway Lighting System Maintenance Agreement. Attest: CITY OF PALM BEACH GARDENS, FLORIDA Joseph R. Russo, Mayor Approved as to form and legal sufficiency: Carol Gold, CIVIC, City Clerk Leonard G. Rubin, City Attorney 0 Page 1 of 2 • Attest: Name: Title: P:1CPWinW ISTORY\001017A1FB 1.24(319.088)1gr -doc36 • • FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Title: Approved as to form and legal sufficiency: Name: Title: Page 2 of 2 • ADDENDUM TO ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT THIS ADDENDUM is entered into on even date with the Roadway Lighting System Maintenance Agreement ( "Agreement ") by and between STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, ( "FDOT ") and the CITY OF PALM OF PALM BEACH GARDENS, FLORIDA ( "MAINTAINING AGENCY "). WITNESSETH: WHEREAS, the FDOT and the MAINTAINING AGENCY wish to amend and clarify section 5 of the Agreement to more accurately define the MAINTAINING AGENCY's obligation to indemnify the FDOT. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in the Agreement and this Addendum, the FDOT and the MAINTAINING AGENCY hereby agree as follows: Forthe purposes of Section 5 of the Agreement, the MAINTAINING AGENCY shall be considered a "Government -owned Utility" and shall be referred to by the acronym "UAO." 2. The following language shall be added to the end of the first full paragraph of Section 5: "Nothing contained herein shall be construed as a waiver of the MAINTAINING AGENCY's sovereign immunity protections orthe limitation of liability set forth. in section 768.28, Florida Statutes." IN WITNESS WHEREOF, the parties have executed this Addendum on even date with the Roadway Lighting System Maintenance Agreement. Attest: CITY OF PALM BEACH GARDENS, FLORIDA In Joseph R. Russo, Mayor Approved as to form and legal sufficiency: Carol Gold, CMC, City Clerk Leonard G. Rubin, City Attorney 0 Page 1 of 2 • Attest: Name: Title: P.\CP Win\H I STORY\001017A \F81.24(319.088)Igr -doc36 • • FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Title: Approved as to form and legal sufficiency: Name: Title: Page 2 of 2 • 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 11/27/00 Meeting Date: 12/07/00 Subject/Agenda Item Resolution 123, 2000, Appointinq Dennis Pierson to the Board of Trustees of the Police Officers' Retirement Pension. Recommendation /Motion: Consider a motion to approve Resolution 123, 2000. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: (Total) City Attorney Finance [ ] Approved $ 0 [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other Date: [ J Operating Attachments: Paper: [ X ] Not Required [ ] Other Memorandum Submitted by. Kent R. Olson Department Director Affected parties [ ]Notified Budget Acct. #: [ ]None Approved b4er' City Ma [ X ] Not required BACKGROUND: See attached memorandum. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ronald M. Ferris, Interim City Manager DATE: November 27, 2000 FROM: Kent R. Olson, Finance DirectorM SUBJECT: Resolution 123, 2000, Appointment to the Police Pension Board BACKGROUND The City's defined benefit pension plan for police officers is governed by a Board of Trustees consisting of five members. The City Council appoints two residents to the Police Officers' Retirement Trust Fund to serve as employer trustees. The police officers elect two trustees, and these four trustees choose a fifth trustee to provide the Board with five members. All trustees serve for a two -year term and may succeed himself or herself. DISCUSSION Leslie Ferris has served as a City of Palm Beach Gardens trustee for the Police Officers' Retirement Trust Fund for the past four years. Unfortunately, Leslie has submitted her resignation from the Board, thus the City Council needs to appoint a replacement to the pension board. Mr. David Pierson, a City resident, has applied for a trustee position on a pension board with the City. Mr. Pierson is a former First Vice President with Merrill Lynch, where he served in that capacity for fourteen years. Mr. Pierson is very knowledgeable regarding investments and would make an excellent addition to the Police Pension Board. RECOMMENDATION Staff recommends adoption of Resolution 123, 2000, appointing David Pierson to the Board of Trustees for the Police Officers' Retirement Trust Fund. • • RESOLUTION 123, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF ONE (1) MEMBER TO THE BOARD OF TRUSTEES OF THE CITY OF PALM BEACH GARDENS POLICE OFFICERS' RETIREMENT TRUST FUND; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 50 -82 of the Palm Beach Gardens Code of Ordinances provides for the appointment of members to the Board of Trustees'of the Police Officers' Retirement Trust Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Pursuant to Section 50 -82 of the Palm Beach Gardens Code of Ordinances, Dennis Pierson is hereby appointed as a member of the Board of Trustees of the Police Officers' Retirement Trust Fund for two (2) years, which term of office shall expire on December 7, 2002. Section 2. Effective Date. This Resolution shall be effective immediately upon its adoption. INTRODUCED, PASSED AND ADOPTED this 7th day of December, 2000. MAYOR JOSEPH R. RUSSO ATTEST: APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CAROL GOLD, CMC, CITY CLERK VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO WATTERSON, HYLAND & KLETT, P.A. CITY ATTORNEY NAY \TILE_SRV\F1NADMIIJIKENI\ ORDINANCES& RESOLUTIONSRESOLUfION1232000 .DOC ABSENT • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 7, 2000 Date Prepared : November 28, 2000 Subject/Agenda Item: Consent Agenda — Resolution 124, 2000 — Inter -local Agreement to exchange Geographic and Land Information with Palm Beach County Florida Recommendation/Motion: Staff recommends approval of Resolution 124, 2000. Reviewed by: Originating Dept.: Costs: $ Council Action: (Total) City Attorney Administration [ ] Approved Finance NA S [ ] Approved w/ conditions ACM Current FY [ ] Denied 1 Human Res. NA Other NA Advertised: Funding Source: [ ]Continued to: [ ] Operating Attachments: ( ]Other Exhibit A Palm Beach County PPM CW -R -007 Submitted by: [ x ] Not Required Administration Affected parties Budget Acct. #: Approv[ x ) N otified NA ( ] None City M [ ] Not required REQUEST: Staff is requesting the authorization to sign and agree to the Palm Beach County Land and Geographic Information Systems (GIS) Information Inter -local Agreement. 335 Agenda Cover Memorandum December 7, 2000 Page 2 BACKGROUND: Palm Beach County, Florida has reserved the right of authorship and ownership for its Geographic Databases, whether in hard copy or digital form. In order to maintain and update these massive databases the County has developed an Inter -local Agreement for Municipalities to exchange land and geographic data. Currently the County has data sharing agreements in place with Delray Beach, Boynton Beach, Jupiter, Riviera Beach, Palm Beach and West Palm Beach. The City of Palm Beach Gardens executed the Palm Beach County GIS Information Policy Data Licensing Agreement in October of 1999 per resolution 142, 1999. This agreement allowed the exchange and purchase of digital orthophotography and Property Appraiser parcel graphic data. This Agreement will provide for a seamless exchange of geographic data with established standards and procedures. Also providing for mutual benefits between governmental bodies. Staff is currently working on developing the City's GIS system and data sets. This Inter -local Agreement will provide standardized GIS data to flow freely from agency to agency. One data set in particular is the Centerline data set. Through this agreement the City will acquire an intelligent Centerline file complete with to and from address ranges. The City's Police department in conjunction with Crime View, a crime analysis software extension to ArcView, will use this data set to perform detailed crime analysis. Exhibit A of the Agreement outlines in more detail other features that will become available to the City. Staff Recommendation: Staff recommends approval of Resolution, 2000 which authorizes the execution of the Palm Beach County Land and Geographic Information Systems (GIS) Information Inter -local Agreement. Prepared and Submitted by: Melissa Prindivill O GIS Manager NFILE_ SRV\COMPROGI MELISSA\MEMOS\INTERLOCAL_CC.DOC • • CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION tdq , 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYORAND CITY CLERKTO EXECUTE AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY TO EFFECTUATE THE EXCHANGE OF LAND AND GEOGRAPHIC INFORMATION SYSTEM (GIS) DATA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the City staff has recommended approval of an Interlocal Agreement with Palm Beach County that would allow the City and Palm Beach County to share and exchange land and geographic information system (GIS) data; and WHEREAS, the City Council has determined execution of the Interlocal Agreement to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby authorizes the Mayor and City Clerk to execute the Interlocal Agreement with Palm Beach County, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, to effectuate the exchange of land and geographic information system (GIS) data. By executing this Interlocal Agreement, the City agrees to provide and maintain in its geographic and land information system environment the information specified therein. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. 0 -1- • RESOLVED, ADOPTED AND APPROVED THIS DAY OF MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK 40 -2- , 2000. INTERLOCAL AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND PALM BEACH COUNTY This Agreement is entered on , 2000, between "the parties," the City of Palm Beach Gardens (the "City") and Palm Beach County (the "County "). The City and the County are referred to collectively as "the Parties ". WITNESSETH THAT: WHEREAS, the Parties are authorized to enter into this Agreement pursuant to Section 163.0 1, Florida Statutes, as amended which permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage, and WHEREAS, the Parties executing the Agreement desire to share the benefits of exchanging geographic and land information in order to have the most up -to -date and accurate information, WHEREAS, the purpose of this Agreement is to provide a mechanism to share geographic and land information on an ongoing basis, WHEREAS, Parties will develop procedures for the exchange of geographic and land information in an efficient and timely manner, NOW THEREFORE, the Parties, in consideration of the mutual benefits flowing from each to the other do thereby agree as follows: ARTICLE 1— STATEMENT OF AGREEMENT 1.1 The County GIS Service Bureau will provide County copyrighted and licensed geographic data to the City as provided for in Countywide PPM CW -R -007 Geographic Information Maintenance, Management and Dissemination. The City enters into this Agreement to initiate the exchange of updated geographic and land information outlined in Exhibit A with the County on an ongoing basis. ARTICLE 2 — TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on date of execution and remain active for a period of five years from the date shown above, unless terminated earlier under Article 6. • n City Council Meeting Date: December 7, 2000 Date Prepared: November 28, 2000 Petition: PUD -99 -07 C. Concurrency The City Engineering Office has reviewed the concurrency application and has determined that the proposed development has conditional concurrency. Concurrency has been granted with the following conditions: (1) Within six months of the issuance of a development order for this project and prior to the issuance of the first building permit, the applicant shall enter into a Public Facilities Agreement (PFA) with Palm Beach County. The PFA will be for the widening of Alternate All A from RCA Boulevard to the new Loop Road (south of PGA Boulevard) from four lanes to six lanes. (2) The project will be phased and limited to total developments generating no more than 904 new daily trips, prior to the commencement of construction of: • Widening (to six lanes) of Alternate Al A from RCA Boulevard to the new Loop Road. • PGA Boulevard /Alternate Al A interchange. (3) Prior to the issuance of the Development Order, the applicant shall demonstrate that the lane geometry at the intersections between the existing and /or proposed driveways and the external streets are adequate. (4) Prior to the issuance of the Development Order, the applicant shall provide an analysis of the intersection of Burns Road and Gardens East Drive. D. Development Review Committee The Development Review Committee members, representing public and private agencies affected by the proposed development reviewed this petition on July 27, 2000. 3 Palm Beach County, Information Systems Services GIS Service Bureau Attention: Countywide GIS Coordinator 301 N. Olive Avenue, 4th Floor West Palm Beach, FL 33401 Copies to: Palm Beach County Attorney's Office 301 N. Olive Avenue, 6th Floor West Palm Beach, FL 33401 The Parties agree to provide a copy of all such notices under this Agreement to each Project Manager. All notices required by this Agreement shall be considered delivered upon receipt. Should either party change its address for notifications, written notice of such new address shall promptly be sent to the other party. ARTICLE 5 — INDEMNIFICATION & INSURANCE 5.1 The Parties assume any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the Parties and the officers, employees, servants, and agents thereof. Each of the Parties, as a local government agency, warrants and represents that it is self funded for liability insurance, or has liability insurance, both public and property, with such protection being applicable to the Parties by their officers, employees, servants and agents while acting within the scope of their employment with the Parties. The Parties further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. ARTICLE 6- TERMINATION /SUSPENSION 6.1 This Agreement may be terminated by written notice of either Party to the other, to be effective twelve (12) months after receipt. However, termination shall be carefully considered due to the potential cost and disruption of operations to each of the Parties. 6.2 Data sharing may be suspended for failure to adopt County standards or for the adoption of policies or engagement in activities which adversely affect the sharing or maintenance of said information. Notice of proposed suspension shall be delivered to the other Party at least five (5) working days prior to suspension. The notice shall state the reasons for the proposed suspension and suggest corrective actions and a time frame within which these corrective actions may be taken to avoid suspension. Suspended access to shared information shall be restored as soon as reasonably possible following sufficient corrective action has been taken. 6.3 Each Party may enact an emergency suspension of data sharing. The GIS Coordinator shall declare an emergency suspension and temporarily, but immediately, suspend or reduce access to information for just cause. Reasons for emergency suspension include, without limitation, equipment failure; unauthorized geographic information access; high potential for sabotage; failure to adopt and enforce standards; and adoption of policies or engagement of activities which otherwise adversely affect the operation, security or maintenance of the geographic information. • The GIS Coordinator shall notify the County GIS Policy Advisory Committee, and the other affected Party immediately of any emergency suspension. The notice shall state the reasons for the emergency suspension and suggest corrective actions and a time frame within which these correction actions may be taken to safely allow restoration of access to geographic information. If the GIS Coordinator is confident that actions have adequately corrected the situation, access to information shall be restored. ARTICLE 7 — STANDARDS OF COMPLIANCE 7.1 The Parties, their employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulation relating to the performance of this Agreement. 7.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for any party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit Court. 7.3 The Parties shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should any Party assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the asserting party. 7.4 The Parties hereby assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, sex or sexual orientation, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this Agreement. The Parties shall take all measures necessary to effectuate these assurances. ARTICLE 8 — GENERAL PROVISIONS 8.1 Each party shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the Parties. Any attempted assignment in violation of this provision shall be void. 8.2 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or any delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, act of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, acts of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance and restorative aftermath period of such circumstances, but this Agreement shall otherwise remain in effect. 8.3 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 8.4 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this • C, • Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 8.5 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 8.6 This Agreement may be amended only with the written approval of the Parties hereto. 8.7 This Agreement, along with the Personal Use License Agreement and Intergovernmental Rider which are incorporated by reference herein, state the entire understanding and agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the Parties with respect to the subject matter of this Agreement, Personal Use License Agreement and Intergovernmental Rider referenced in this section. The Parties recognize that any representations, statements or negotiations made by the Parties' staff do not suffice to legally bind the Parties in a contractual relationship unless they have been reduced to writing and signed by the Parties' representatives. This Agreement, Personal Use License Agreement and Intergovernmental Rider between the parties shall inure to the benefit of and shall be binding upon the Parties, their respective assigns, and successors in interest. IN Witness WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date first written above. APPROVED AS FORM AND LEGAL SUFFICIENCY City of Palm Beach Gardens Counsel LIM Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY M County Attorney CITY OF PALM BEACH GARDENS By: Title: Joseph Russo, Mayor ATTEST: , City Clerk PALM BEACH COUNTY, FLORIDA By: Title: Steve Bordelon, Director of ISS C • • • EXHIBIT A Current and anticipated geographic data requested from the City includes but is not limited to: - City Situs Address W/Parcel Control Number - Address Range /Centerline Corrections & Updates (with metadata) - County Maintained Roads within jurisdiction (for verification purposes) - Hydrants - Park Locations - Preserves - Existing Land Use - Zoning - Critical Facilities - New Plats (digital) The data to be provided by the County subject to Countywide PPM CW -R -007 (Fee Schedule Page 11) includes: - Centerline File - Parcel Graphics and Database (based on current Tax Roll) - Digital Ortho Photography (with available metadata) - County Situs Address File 0 Mechanisms, attribution and schedules for exchange of data will be decided by the Project Managers upon execution of this Agreement, incorporating the most efficient vehicle and format possible. Specific standards issues which shall be addressed include, but are not limited to: • Geocoding/addressing standards (e.g. street names and addresses) • Information quality control objectives and methods • Information sources and lineages • Positional accuracy /precision of map content and sources • Information category conventions • Information completeness and update cycles Common base map component requirements are as documented and disseminated in data provided by the County, including input scales, legends, symbols and annotation, cartographic generalization and database editing and quality control. Attached hereto is the Countywide PPM CW -R -007 Geographic Information Maintenance, Management, and Dissemination. Documents to be provided upon execution: Countywide Standard for Address Records in Electronic Databases CW -0-047, Metadata Capture Format, Countywide Standard Naming Convention for Layers, Features, Structures, and list of additional planned County data layers. C7 • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 7, 2000 Date Prepared: November 28, 2000 SUBJECT /AGENDA ITEM First Reading: Ordinance 35, 2000, a request to amend the Palm Beach Gardens Medical Center Planned Unit Development (PUD). RECOMMENDATION Staff recommends approval of Ordinance 35, 2000, which contains six conditions of approval and five waiver requests. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorn ey Growth Management [ ] Approved Finance NA $ [ ] Approved w/ ACM Current FY conditions Human Res. NA I ` [ ] Denied Other NA Funding Source: [ ] Continued to: Advertised: Attachments: VTDate: [ ] Operating Paper: [ )Other • Ordinance 35, 2000 [X] Not Required • Legal Description by: owth Management Affected parties Budget Acct. #:: Director [ otifed [ ] None Approve City Mang > [X] Not required 1 • City Council Meeting Date: December 7, 2000 Date Prepared: November 28, 2000 Petition: PUD -99 -07 I. REQUEST Oliver — Glidden & Partners, agent for TENET Health Systems of Florida, is requesting an amendment to the Palm Beach Gardens Medical Center Planned Unit Development. The petitioner is proposing to amend the existing approved expansion, of which 81,600 square feet has yet to be built, to revise hospital and medical office building uses. The petitioner proposes no square footage increase beyond the unbuilt 81,600 square feet. The subject site is located at the southeast corner of Burns Road and Gardens East Drive. (7- 42S -43E) II.BACKGROUND A. History The Palm Beach Gardens Medical Center began as the Palm Beach Gardens Community Hospital, which was opened in the 1960s. The site was approved as a Planned Unit Development by City Council by Ordinance 28, 1991. The PUD has been subsequently amended by the passage of Resolution 92, 1992, Resolution 3, 1995 and Ordinance 26, 1995. The PUD approval and subsequent amendments has provided for a total approved build -out of 324,000 square feet. At the time of the initial PUD approval in 1991, the medical center consisted of 226,000 square feet, including the medical office building. Since this time, 16,400 square feet of the approved expansion square footage has been constructed. The balance of 81,600 square feet is to be constructed in the future. The petitioner is not proposing additional square footage on -site with this amendment. However, the petitioner is proposing changes in uses within the 324,000 square feet proposed which will increase intensity of use on the site. Therefore, the petitioner has undergone a concurrency review. B. Land Use and Zoning The subject site is zoned Planned Unit Development overlay zoning with an underlying zoning of Public /Institutional, has a future land -use designation of Public, and is listed as Professional Office on the Vision Plan. For a complete listing of adjacent uses, land - use designations and zoning districts, see Table 1 below. Table 2 on page four (4) examines how consistent the proposed project is with the City Code and future land -use designation for the site. 0 2 • City Council Meeting Date: December 7, 2000 Date Prepared: November 28, 2000 Petition: PUD -99 -07 C. Concurrency The City Engineering Office has reviewed the concurrency application and has determined that the proposed development has conditional concurrency. Concurrency has been granted with the following conditions: (1) Within six months of the issuance of a development order for this project and prior to the issuance of the first building permit, the applicant shall enter into a Public Facilities Agreement (PFA) with Palm Beach County. The PFA will be for the widening of Alternate Al from RCA Boulevard to the new Loop Road (south of PGA Boulevard) from four lanes to six lanes. (2) The project will be phased and limited to total developments generating no more than 904 new daily trips, prior to the commencement of construction of. • Widening (to six lanes) of Alternate A1A from RCA Boulevard to the new Loop Road. • PGA Boulevard /Alternate Al interchange. (3) Prior to the issuance of the Development Order, the applicant shall demonstrate that the lane geometry at the intersections between the existing and /or proposed driveways and the external streets are adequate. (4) Prior to the issuance of the Development Order, the applicant shall provide an analysis of the intersection of Burns Road and Gardens East Drive. D. Development Review Committee The Development Review Committee members, representing public and private agencies affected by the proposed development reviewed this petition on July 27, 2000. 3 City Council Meeting Date: December 7, 2000 Date Prepared: November 28, 2000 Petition: PUD -99 -07 The applicant has submitted revised plans and other documents in response to DRC comments. This project has received DRC certification. E. Procedure This is a request to approve an amendment to a PUD. City Staff and the Development Review Committee, who forward comments and recommendations to the Planning and Zoning Commission, review the request. Acting in an advisory role, the Commission considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request for an amendment to a PUD, and makes a final determination of approval, approval with conditions, or denial. III. PROJECT DETAILS A. Site Location and Existing Conditions The Palm Beach Gardens Medical Center is located at the southeast corner of Burns Road and Gardens East Drive. The Medical Center site currently contains one, three -story structure containing 242,400 square feet of Hospital and Medical Office Building use. The site currently has a large wooded area along the eastern boundary of the site, and an open bermed area along the southern edge of the property. B. Compliance with Land Development Regulations, Section 78 Site Zonino Public/Institutional Minimum Building Site Area: 22.12 acres Yes 15,000 s.f. Minimum Site Width :100 feet 945.07 feet E -W Yes 1075.87 feet N -S Maximum Building Lot: 15.78% Yes Covera a 40% Maximum Building Height: 49 feet Yes 45 feet Front Setback: 25 feet Yes 25 feet Side Setback :15 feet 250 feet Yes Side Setback Facing a Street: 75 feet Yes 15 feet Rear Setback :15 feet 320 feet Yes 0 4 • • • City Council Meeting Date: December 7, 2000 Date Prepared: November 28, 2000 Petition PUD -99 -07 B. Waiver Requests i ne oeveio er is re uesun ine iuiiuwmy wdivCib. Number of Parking Spaces Section 180 Hospital = 2 spaces per (43) spaces Required: room plus medical 30 Hospital Beds laboratory, clinic or 12,000 sf Hospital Laboratory office = 37,500 sf Medical Office Building 298 spaces 3,300 Warehouse 255 provided Parking stall dimensions: Section 179 Standard parking stall 1 foot less in width. 9 foot wide parking stalls dimension = 18.5 feet X 10 feet Number of Wall Signs: Section 136 One wall sign per 4 wall signs on Hospital Seven principal tenant. Building. 1 wall sign on Medical Office Building. Number of Ground Signs: Section 136 2,020 linear feet of 12 ground signs ROW = three ground 15 ground and directory signs signs permitted. Seven entrances = seven enter /exit signs permitted. Three buildings = three directory signs permitted. Building Height: 49 feet Section 78 Maximum Building Medical Office Building: 1 Medical Office Building Height of 45 4 feet. C. Proposed Building The architectural style proposed for this facility is consistent with the existing architecture of the building for the Hospital Building Expansion. The petitioner is proposing a new three story Medical Office Building, which will be consistent in color with the existing building. However, the new building will have a barrel tile Mansard, while the existing building will maintain a flat parapet. The proposed Medical Office Building will also have cornice detailing which the existing structure lacks. Staff has noted that the approved PUD and subsequent amendment contained architectural elevations, which included architectural upgrades to the existing Hospital Building, including arched windows and barrel the roofing. Renderings submitted with the original PUD application indicated a complete architectural renovation to a Mediterranean style of architecture. The current proposal is not consistent with previous 5 350 • approved elevations. The Should the amendment approved elevations. E. Signage City Council Meeting Date: December 7, 2000 Date Prepared: November 28, 2000 Petition PUD -99 -07 current proposal is consistent with existing architecture. be approved, this proposal would supersede previously The applicant is proposing to maintain existing signage and incorporate new signage into the master site plan. Due to life safety issues, it is imperative that the facility has adequate signage to direct traffic to life safety locations. The code allows for three ground signs on this site based on right -of -way frontage. The code also allows for seven exit/entrance signs based on number of driveways. The code allows for three building directory signs based on the number of buildings proposed in the master plan. This is a total of thirteen signs permitted. The petitioner is proposing fifteen signs, however, twelve of the fifteen signs do not meet language requirements.- Therefore, the petitioner must request twelve waivers from code requirements for ground signs. The petitioner is proposing five wall signs for the Hospital Building. The code allows for one sign. The petitioner is requesting a waiver for four signs. The petitioner is also requesting a waiver to allow for two wall signs on the proposed Medical Office Building. This is one more than is permitted by code. F. Landscaping and Buffering The petitioner is proposing to add new vegetation to the existing landscaping on site. New landscaping shall occur predominantly along the southeastern and southern boundaries of the site, where the new parking area is proposed. The petitioner is also proposing new landscaping within the existing and future parking areas, as required by code. The petitioner is proposing new landscaping around the proposed medical office building as well. The proposed landscape buffer along the southern and southeastern property lines will help to screen this use from adjacent residential uses. The eastern portion of the site currently contains a large wooded area of approximately 2 acres. The petitioner is proposing to preserve a small (approximately ' /z acre) portion of this predominantly pine area within the expanded parking area. The petitioner has not provided for a points count of the proposed vegetation. City Forester Mark Hendrickson has reviewed the landscape plan and has accepted this presentation of the landscape plan due to the amount of existing landscaping to be incorporated into the plan. • 6 • City council Meeting Date: December 7, 2000 Date Prepared: November 28, 2000 Petition PUD -99 -07 G. Parking Of the 81,600 square feet yet to be built, the petitioner is proposing the following uses, as determined by Section 180 of the LDRs, Number of parking spaces required: 37,500 square feet Medical Office Building 3,300 square feet Warehouse 12,000 square feet Medical Laboratory 24,300 square feet Hospital (to be used for 30 bed expansion) 4,500 square feet mechanical equipment 30 Hospital Beds Total Square Footage: 81,600 1 space per 200 = 188 spaces 1 space per 2000 = 2 spaces 1 space per 250 = 48 spaces 0 spaces required 0 spaces required 60 spaces required Total Number of Spaces Required: 298 Number of Spaces Provided: 255 The petitioner has requested a waiver from the LDRs to allow for a deficit of 43 spaces. The petitioner has indicated on the site plan the ability to add the 43 spaces along the southern edge of the site, at the expense of open green space. The petitioner is justifying the waiver from required parking spaces based on the ability to provide additional buffering along the southern boundary of the site from the adjacent residential community. H. Site Access and Circulation This site is located at the corner of Bums Road and Gardens East Drive. The site currently has five egress points accessing the site, three along Gardens East Drive and two along Burns Road. The petitioner is proposing to relocate one entrance drive and add two more, for a total of seven entrance drives. To accommodate the proposed Medical Office Building, the petitioner must relocate existing parking to the southeast corner of the site. Other existing parking areas on the eastern end of the site will be reconfigured to accommodate a new staff entrance at the far eastern edge of the site. The City Engineer has reviewed the site plan and has determined that the additional and relocated entrances meet code requirements. I. Drainage Drainage outfall from this site will be accomplished by drainage into inlets and culverts, City Council Meeting Date: December 7, 2000 Date Prepared: November 28, 2000 Petition PUD -99 -07 outfalling into a canal adjacent to the subject site, bordering on the south. This canal eventually drains into the Earman River. The petitioner is proposing to expand the parking lot and exfiltration system and use on -site detention swales and an existing outfall culvert to drain the site. J. Lighting The petitioner is proposing to utilize existing and new lighting standards within the parking area. The petitioner is proposing new lighting within the expanded parking area along the eastern side of the property. The petitioner has provided a photometric plan which indicates that lighting levels from the parking area do not spill over into the adjacent residential community at greater than 0.5 footcandles, as is required by the LDRs. K. Legal Non - Conformities The site currently contains 9 foot wide parking spaces. The petitioner is proposing to retail the existing spaces. All additional spaces are also proposed to be at 9 foot widths. The petitioner has requested a waiver from the code requirement. The site currently contains directional signs which do not meet code requirement. The petitioner has requested to retain these signs and add additional directional signs at new entrances because they contain life safety information. The petitioner has requested a waiver from the code requirements. In addition, the site currently contains wall signage beyond the number of signs permitted. The petitioner is proposing to retain this signage because they contain life safety information. The petitioner has requested a waiver from the code requirements. L. Platting The petitioner shall be required to plat the subject site and record with Palm Beach County prior to issuance of a building permit. IV. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) This petition has received DRC certification. DRC certification indicates that all major outstanding issues have been resolved. Planninq and Zoning Division 0 8 • • • City Council Meeting Date: December 7, 2000 Date Prepared: November 28, 2000 Petition PUD -99 -07 • The Planning and Zoning Division has reviewed the history of the PUD approval and notes that the elevations have changed substantially from previous approvals. Staff has a concern that the proposed building elevation for the Hospital Building are not consistent with previous approvals, which indicated an upgrade to Mediterranean Style architectural features, including barrel tile mansard and arched window treatments. The current proposal is to continue the existing architecture. This style is inconsistent with the proposed new Medical Office Building architecture, which will detract from creating an aesthetically unified medical campus. The City Forester has reviewed the landscape plans and has commented that Condition 5 of Ordinance 28, 1991 and Condition 4 of Ordinance 26, 1995 be satisfied as part of this approval. (memo dated November 8, 2000) To address unsatisfied conditions of approval from previous approvals and amendments, Planning and Zoning staff recommends the following condition of approval: All previous unsatisfied conditions from Ordinance 28, 1991 and Ordinance 29, 1995 remain in effect. City Engineer The City Engineer has granted conditional concurrency, with four conditions of approval. The City Engineer has also provided conditions of approval based on the review of the site plan. Building Division No concerns at this time. Police Department The Police Department has reviewed the petition and submitted their recommendations to the petitioner (memo dated July 24, 2000). Fire Department The Fire Department has reviewed the revisions and has commented that "they do not support the waiver request to allow for the total number of parking spaces to be less 9 City Council Meeting Date: December 7, 2000 Date Prepared: November 28, 2000 Petition PUD -99 -07 than the code requires. The facility has historically had parking issues and will likely to continue to be a problem during the winter season." (memo dated September 25, 2000) Public Works The Public Works Department has reviewed the petition and has one concern. The area of Gardens East Drive and Bums Road frequently floods as a result of a dry detention area located adjacent to the intersection. Public Works anticipates working with engineering to ensure that additional exfiltration and detention areas will increase storage capacity on site and remedy this problem. (memo dated August 1, 2000) Seacoast Utilities Seacoast Utilities has reviewed the revised plans and has no comments at this time. (memo dated July 25, 2000) Northern Palm Beach County Improvement District No concerns at this time. (Memo: July 31, 2000) V. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission held a public hearing on this petition on November 14, 2000 and recommended approval of this petition by a vote of 4 -0 with conditions of approval recommended by staff. The Planning and Zoning Commission also recommended approval for all five waiver requests. VI. STAFF RECOMMENDATION Staff is recommending approval of petition PUD -99 -07 with the following conditions of approval, eight of which must be satisfied prior to Council approval: (1) Prior to City Council approval, the applicant shall remove the Parking Detail that specifies 16 -foot stall depth requirement. (City Engineer) (2) Prior to City Council approval, the applicant either needs to provide wheel stops at the seven parking spaces north of the helicopter pad or extend the width of the sidewalk to 7.5 feet. (City Engineer) 0 10 City Council Meeting Date: December 7, 2000 Date Prepared: November 28, 2000 Petition PUD -99 -07 (3) Prior to Construction Plan approval, the applicant must submit the original SFWMD permit. (City Engineer) (4) Prior to issuance of first building permit, the applicant needs to submit a Boundary Plat of the subject site to the City for review and approval. The plat shall be recorded prior to the issuance of the first building permit. (City Engineer) (5) Prior to City Council approval, the applicant needs to add the note that all trees /landscaping will be field placed to avoid conflict with the drainage system on the Landscape Plan. (City Engineer and City Forester) (6) Prior to City Council approval, the applicant needs to submit a Conceptual Drainage Plan that is consistent with the Site Plan. (City Engineer) (7) Prior to the issuance of first building permit, the applicant shall enter into a Public Facilities Agreement (PFA) with Palm Beach County within six - months of the issuance of the Development Order for this project and prior to the issuance of the first building permit. The PFA will be for the widening of Alternate A1A from RCA Boulevard to the new Loop Road from four- lanes to six - lanes. (City Engineer) (8) Prior to commencement of construction of the widening (to six lanes) of Alternate Al from RCA Boulevard to the new Loop Road and construction of the PGA Boulevard /Alternate A1A interchange, total developments shall generate no more than 904 new daily trips. (City Engineer) (9) Prior to the issuance of the Development Order, the. applicant shall demonstrate that the lane geometry at the intersections between the existing and /or proposed driveways and the external streets are adequate. (City Engineer) (10) Prior to the issuance of Development Order, the applicant shall provide an analysis of the intersection of Burns Road and Gardens East Drive. (City Engineer) (11) The applicant shall include adequate signage on the site plan, directing traffic to the targeted driveways (emergency, staff and visitors) on Burns Road and Gardens East Drive. (Planning & Zoning, City Engineering) 0 11 City Council Meeting Date: December 7, 2000 Date Prepared: November 28, 2000 Petition PUD -99 -07 (12) All unsatisfied conditions of approvals deriving from Ordinance 28, 1991 and Ordinance 26, 1995 are hereby still in effect. (Planning & Zoning) (13) The build -out date of this project is December 31, 2010 as referenced in the September 29, 2000 traffic impact analysis. For the purposes of this condition, the project shall be considered built -out if all building permits have been issues and the applicant is actively engaged in the development of the site. (Planning & Zoning) (14) Prior to City Council approval, the petitioner shall submit a revised landscape plan indicating additional buffering along the southern boundary to the satisfaction of the City Forester. (Planning and Zoning) The petitioner has submitted revised plans in response to outstanding concern raised by staff and the Planning and Zoning Commission. Eight of the fourteen conditions of approval are hereby satisfied, pending final staff review. This has been reflected in the conditions included within Ordinance 35, 2000 Staff is recommending approval of the following waiver requests: (1) Number of Parking Spaces Required — Section 180, which requires 298 parking spaces based on 2 spaces per bed (30 beds proposed), I space per 200 s.f.. Medical Office Building (37,500 s.f. proposed), 1 space per 250 s.f. medical laboratory (12,000 s.f. proposed), 1 space per 2 „000 s.f. warehouse (3,300 s.f. proposed), to allow for 255 spaces, a deficit of 43 spaces. (2) Minimum width for parking spaces — Section 179, which requires 10 -foot wide parking spaces, to allow for 9 -foot, wide parking spaces. (3) Number of Wall Signs — Section 136, which allows for one wall sign per building /principal tenant, to allow for 4 wall signs on Hospital Building and 2 wall signs on Medical Office Building. (4) Number of Ground Signs — Section 136, which allows for 3 monument signs, 7 entrance /exit signs, and three directional signs, to allow for 13 directional signs. (5) Maximum Building Height in Public /Institutional is 45 feet, to allow for 49- foot high Medical Office Building. 9 12 • November 28, 2000 ORDINANCE 35, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM TENET OF SOUTH FLORIDA HEALTH SYSTEMS FOR AN AMENDMENT TO THE PALM BEACH GARDENS MEDICAL CENTER PLANNED UNIT DEVELOPMENT WHICH WAS ORIGINALLY APPROVED BY ORDINANCE 28, 1991 AND WAS SUBEQUENTLY AMENDED BY RESOLUTION 92, 1992, RESOLUTION 3, 1995 AND ORDINANCE 26,1995; APPROVING A CHANGE IN USES OF 81,600 SQUARE - FEET OF PREVIOUSLY APPROVED UNBUILT MEDICAL CENTER USES LOCATED AT THE SOUTHEAST CORNER OF BURNS ROAD AND GARDENS EAST DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS. OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from TENET of South Florida Health Systems for an amendment to the Palm Beach Gardens Medical Center Planned Unit Development which was originally approved by Ordinance 28, 1991 and was subsequently amended by Resolution 92, 1992, Resolution 3, 1995 and Ordinance 26, 1995 in order to change uses within 81,600 square feet of previously approved, yet unbuilt, Medical Center uses; and WHEREAS, the 22.12 acre Palm Beach Gardens Medical Center site, located at the southeast corner of Burns Road and Gardens East Drive, as more particularly described in Exhibit "A ", is currently zoned Professional Office with a Planned Unit Development Overlay Zone; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and . WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the amendment of the Planned Unit Development (PUD) known as the Palm Beach Gardens Medical Center; and 13 Ordinance 35,2000 Meeting Date: December 7, 2000 Date Prepared: November 15, 2000 Petition PUD -99 -0? WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves an amendment to the "Palm Beach Gardens Medical Center" PUD, located at the southeast corner of Burns Road and Gardens East Drive, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, to permit a change in uses of 81,600 square feet of previously approved, yet unbuilt, medical center uses to allow for the construction of a 37,500 square foot medical office building, the addition of 30 hospital beds, the expansion of operating rooms, the intensive care unit, and the mechanical, storage and service areas. SECTION 2. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: (1) Prior to Construction Plan approval, the applicant shall submit the original SFWMD permit. (City Engineer) (2) Prior to issuance of first building permit, the applicant shall submit a Boundary Plat of the subject site to the City for review and approval. The plat shall be recorded prior to the issuance of the first building permit. (City Engineer) (3) Prior to the issuance of first building permit and within 6 months of the issuance of the Development Order, the applicant shall enter into a Public Facilities Agreement (PFA) with Palm Beach County. The PFA will be for the widening of Alternate A1A from RCA Boulevard to the new Loop Road from four -lanes to six - lanes. (City Engineer) (4) Prior to commencement of construction of the widening (to six lanes) of Alternate Al from RCA Boulevard to the new Loop Road and construction of the PGA Boulevard /Alternate A1A interchange, total development shall generate no more than 904 new daily trips. (City Engineer) 14 359 • Ordinance 35, 2000 Meeting Date: December 7, 2000 Date Prepared: November 15, 2000 Petition PUD -99 -07 4. 11/13/00 Alternate Master Plan (without 43 spaces, Sheet A1.0b 5. 11/13/00 Master Phasing Plan, Sheet A 1.1 6. 11/14/00 Signage Plan,. Sheet A1.2 7. 5/1/00 Radiology Addition, Sheet A2.0 8. 5/1/00 Mechanical and Electrical Additions, Sheet A2.1 9. 5/1/00 3rd Story Hospital Addition, Sheet A2.2 10. 5/1/00 3rd Story Hospital Addition, Sheet A2.3 11. 11/21/00 Medical Office Building, Sheet A3.0 12. 5/1/00 Medical Office Building, Sheet A3.1 13. 5/1/00 Medical Office Building, 2nd and 3rd Floor Plan, Sheet A3.2 14. 5/1/00 Roof Plan, Sheet A3.3 15. 918/00 Building Elevations, Sheet A3.4 16. 11/14/00 Burns Road Street Elevation (M.O.B.), Sheet A3.4a 17. 9/8/00 Building Elevations, Sheet A3.5 18. 9/8/00 Loading /Storage, Material Management, Sheet A4.0 19. 9/8/00 Building Elevation, Sheet 5.0 20. 11/14/00 Lighting Plan, Sheet SPE 21. 11/21/00 Landscape Plans, Environmental Design Group, Sheets 1 -7 22. 11/27/00 Conceptual Drainage Plan, Kimley Horn, Sheet CDP 1 23. 1/21/00 Boundary and Topographic Survey Supportinq Documents: 1. September 29, 2000 Traffic Impact Analysis, Kimley -Horn. SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 6. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS PLACED ON SECOND READING THIS 40 16 DAY OF 2000. DAY OF 2000. Ordinance 35,2000 Meeting Date: December 7, 2000 Date Prepared: November 15, 2000 Petition PUD -99 -01 (5) All unsatisfied conditions of approvals deriving from Ordinance 28, 1991 and Ordinance 26, 1995, to the extent not modified herein, remain in full force and effect. (Planning & Zoning) (6) The build -out date of this project is December 31, 2010 as referenced in the September 29, 2000 traffic impact analysis. For the purposes of this condition, the project shall be considered built -out if all building permits have been issued and the applicant is actively engaged in the development of the site. (Planning & Zoning) SECTION 3. The following waivers are hereby granted with this approval: 1. Number of Parking Spaces Required — Section 180, which requires 298 parking spaces based on 2 spaces per bed (30 beds proposed), I space per 200 s.f.. Medical Office Building (37,500 s.f. proposed), 1 space per 250 s.f. medical laboratory (12,000 s.f. proposed), 1 space per 2,000 s.f. warehouse (3,300 s.f. proposed), to allow for 255 spaces, a deficit of 43 spaces. 2. Minimum width for parking spaces — Section 179, which requires 10 -foot wide parking spaces, to allow for 9 -foot wide parking spaces. 3. Number of Wall Signs — Section 136, which allows for one wall sign per building /principal tenant, to allow for 4 wall signs on Hospital Building and 2 wall signs on Medical Office Building. 4. Number of Ground Signs — Section 136, which allows for 3 monument signs, 7 entrance /exit signs, and three directional signs, to allow for 13 directional signs. 5. Maximum Building Height in Public /Institutional is 45 feet, to allow for 49- foot high Medical Office Building. SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: Official Exhibits: 1. 9/18/00 Cover Sheet/Index of Drawings 2. 11/14/00 Master Plan, Oliver Glidden Partners 3. 11 /14/00 Alternate Master Plan, 10' wide hospital use stalls, Sheet A1.0a 15 • • 11 Ordinance 35, 2000 Meeting Date: December 7, 2000 Date Prepared: November 75, 2000 Petition PUD -99 -07 PASSED AND ADOPTED THIS DAY OF 2000. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST BY: CAROL GOLD, CMC CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILWOMAN FURTADO COUNCILMAN SABATELLO GAShort Range\pud9907or.doc 17 NAY ABSENT Ordinance 35, 2000 Meeting Date: December 7, 2000 Date Prepared: November 15, 2000 Petition PUD -99 -0? EXHIBIT "A" • 0 18 • • 1 EXHIBIT A Legal Description of the Property PARCEL A: A PARCEL OF LAND LYING IN SECTION 7, TOWNSHIP 42 SOUTH. RANGE 43 EAST. PALK BEACH COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLUriWS: COMMENCIN': AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY AND THE FAST -VEST QUARTER SECTION LINE OF SECTION 7. TOWNSHIP 42 SOUTH. RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA; THENCE SOUTH 88'38'15' EAST. ALONG SAID EAST -VEST QUARTER SECTION LINE, A DISTANCE OF 51.86 FEET TO A POINT (ACCORDING TO THE RIGHT OF WAY AND TRACT MAP OF THE FLORIDA EAST COAST RAILWAY CO., SAID CENTER LINE OF THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY BEARS NORTH 14'01'00" VEST AT THIS POINT AND ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE THERETO); THENCE NORTH 75'59'01" EAST A DISTANCE OF 13t.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 283.37 FEET AND A CENTRAL ANGLE OF 15'22'15 ": THENCE EASTERLY. ALONG THE ARC OF SAID CURVE A DISTANCE OF 76.06 FELT TO THE END OF SAID CURVE; THENCE SOUTH 88'38'15" EAST ALONG THE TANGENT TU SAID CURVE. A DISTANCE OF 616.56 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH. HAVING A RADIUS OF 1682.15 FEET AND A CENTRAL ANGLE OF 6.48'!5 "; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE. A DISTANCE OF 199.76 FEET TO THE END OF SAID CURVE; THENCE MOM 84'33'30" EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 631 ;81 FEET TO A POINT: THENCE SOUTH 05'26'30" EAST A DISTANCE OF 30 I= TO THE POINT OF. BEGINNING OF THE HEREIN DESCRIBED PARCEL, SAID POINT BEING ON THE SOUTHERLY RIGHT -OF -VAI LIKE OF BURNS ROAD (60 FEET RIGHT -OF -WAY); THENCE CONTINUE SOUTH 05'26'30" EAST. DEPARTING FROM SAID SOUTHERLY RICHT-OF- -VAT LINE. •A DISTANCE OF 219.16 FEET TO A POINT; THENCE NORTH 81'33'30" EAST A .DISTANCE OF 37.88 FEET TO A POINT; THENCE SOUTH 50'53'08" EAST A DISTANCE OF 23.32 mi TO A POINT; THENCE NORTH 84'33'30" FAST A DISTANCE OF 52.68 FEET TO A POINT; THENCE NOM 05 °26'30" WEST A DISTANCE OF 29.75 FEET TO A POINT; THENCE KOM 84.33' '43" FAST A DISTANCE OF 17.43 FEET TO A POINT: THENCE SOUTH 49'48'48" EAST A DISTANCE -OF '71.82 FEET TO A POINT: THENCE KORTH 84.01'26" EAST A DISTANCE OF 123.89 FEET TO A POINT; THENCE SOUTH 05'26130" EAST A DISTANCE OF 751.93 FEET TO A POINT. SAID POINT BEING ON THE NORTH TINE OF THE PLAT OF MERIDIAN PARR, AS RECORDED IN PLAT BOO[ 26. AT PAGE 51, PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA; THENCE SWTH 75'57'05" VEST, ALONG THE NORTH LINE OF SAID PLAT-OF MERIDIAN PAR[. A DISTANCE OF 565.68 FEET TO A POINT. SAID POINT BEING THE NORTHWEST CORNER OF SAID PLAT OF MERIDIAN PAR[. SAID POINT ALSO BEING ON THE FASTERLT RIGHT -OF -VAT LIKE OF GARDEN FAST DRIVE (60' RIGHT -OF -WAY); THENCE NORTH 14'02'55" WEST, ALONG THE EASTERLY RIGHT -OF -WAT LINE OF SAID GARDEN EAST DRIVE AND DEPARTING FROM THE NORTH LINE OF.SAID PLAT OF MERIDIAN PAR[, A DISTANCE OF 1075.92 FEET TO A POINT OF CURVE CONCAVE TO THE SOUTHEAST. HAVI)w A RADIUS OF 25.0 FEET AND A CENTRAL ANGLE OF 98'36'25 "1 THENCE NORTHERLY. iV NORTHEASTERLY AND EASTERLY. ALONG THE ARC OF SAID CURVE, A DISTANCE OF 13.01 .O FEET TO THE END OF SAID CURVE. SAID POINT BEING ON THE SOUTHERLY RIGHT -OF -WAY •-1 LINE OF SAID BURNS ROAD; THENCE NORTH 86'33'30" EAST ALONG THE TANGL.T TO �O SAID CURVE AND ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID BURNS ROAD, A p: DISTANCE OF 396.69 FEET TO THE P01KT OF BEGINNING, Lm IN All 13.91 ACRES. MORE OR LESS. :00 �{ SUBJECT TO RIGHTS -OF -VAY. FAS12tOM AND OTHER MATTFJC-i .?F RECORD. Lfl �M 020253 -081 /JAR /AFDVT /AFDVAP /5 . 02/17/87 A -1 • M "D �-i IM O. 0 1 L00 .t tn IM PARCEL B: A PARCEL OF LAND LYING IN SECTION 7. TOWNSHIP 42 SOUTH, RANGE 43 EAST, PAUL BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLICaS: COMENCING Ar THE POINT OF INTERSECIIUN OF TIE CENTER LINE OF TIM FLORIDA EAST COAST RAILWAY RIGHT OF WAY #NU THE EAST -VEST QUARTER SECTION LINE OF SECTION 7. TOWNSHIP 42 SOUTH. RANGE 43 EAST, PAIR BEACH COUNTY. FLORIDA; THENCE' SOUTH 88.38'15" EAST, AIMG SAID EAST -VEST QUARTER SECTION LINE, A DISTANCE OF 51.86 FEET TO.A POINT (ACCORDING TO THE RIGHT OF WAY AND TRACT MAP OF TIE FLORIDA EAS" MAST RAILWAY CO.. SAID CENTER LINE OF TIE. FLORIDA EAST COAST RAILWAY RIGHT OF WAY BEARS NORTH 14'01'00" WEST AT THUS POINT AND ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE THERETO); THENCE NORTH 75'59'U1" EAST A DISTANCE OF 131.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH. HAVING A RADIUS OF 283.37 FEET- AND A CENTRAL ANGLE OF 15'22'45 "; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE A DISTANCE OF 76.06 FEET TO THE END OF SAID CURVE: THENCE SOUTH 88'38'15" EAST ALONG THE TANGENT TO SAID CURVE. A DISTANCE OF 616.56 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1682.15 FEET AND A CENTRAL ANGLE OF 6'41'15 "; THENCE FASTERLY. ALONG THE ARC OF SAID CURVE. A DISTANCE OF 199.76 FEET TO THE END O} SAID CURVE. THENCE NORTH 84'33'30" EAST ALONG THE TANGL7.T TO SAID CURVE, A DISTANCE OF 775.71 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 973.91 FEET AND A CENTRAL ANGLE OF 11'41'31'; THENCE. EASTERLY. %LANG 7HE ARC OF SAID CURVE A DISTANCE OF 199.30 YZET TO -THE EMU OF SAID CURVE: THENCE SOUTH 83'43'00 ".EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 248.55 FEET TO A POINT; THENCE SOUTH 14'02'55" EAST A DISTANCE OF 31.99 FEET .10 THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID POINT BEING ON THE SMITHERLT RIGHT -OF -WAY LINE OF BURNS ROAD (60 FEET RIGHT -OF -WAY), SAID POINT ALSO bEING THE NORTHWEST CORNER Or THE PLAT OF SANDALWOOD ESTATE:., AS RECORDED IN PLAT BOCK 32, AT PAGES 167 THROUGH 171, PUBLIC RECORDS OF PAU1 BEACH COUNTY. FLORIDA: THENCE CONTINUE Sf4U H 14.02'55" EAST ALONG TIE WEST.LINE OF SAID PLAT OF SANDALWOOD ESTATES. A DISTANCE OF 888.66 FEET TO A POINT. SAID POINT BEING THE NORTHEAST CORNER OF THE PLAT nF MERIDIAN PARK.'AS RECORDED IN PLAT BOOK 28. AT PAGE 51, PUBLIC RECORDS CF P"i?i BEACH COUNTY. t'IARIDA: THENCE SOUTH 75'57'05" WEST. ALONG THE NORTH LINE. Or SAID PLAT OE HEILMAN PARK AND DEPARTING FROM THE WEST LINE OF SAID PLAT OF SANDALWOOD ESTATES. A DISTANCE OF 379.32 FEET TO A POINT; THENCE NORTH 05'26'30' WEST, DEPARTING FROM THE NORTH LINE OF SAID PLAT OF MERIDIAN PARK. A DISTASCE OF 751.93 FEET TO A POINT; THENCE SOUTH 84'01'26" WEST A DISTANCE OF 123.89 FELT TO A POINT-. THENCE NORTH 49'48'48" WEST A DISTANCE OF 71.82 FELT TO A POINT; THENCE SOUTH 84'33'43" WEST A DISTANCE OF 17.43 FEET TO A POINT; THENCE NORTH 05'26'30" WEST A DISTANCE OF 105,69 FEET TO A POINT LYING ON THE ARC OF A CURVE C014CAVE TO THE SOUTH. HAVING A RADIUS OF 943.91 FEET, A CENTRAL ANGLE OF 10'58'03" AND A RADIAL BEARING AT THIS FOINT OF SOUTH 0041'03" WEST. SAID POINT ALSO BEING ON THE SOUTHERL. RIGHT -OF -WAT LINE OF SAID BURNS ROAD; THENCE EASTERLT. ALONG THE ARC OF SAID CURVE AND THE SOUTHERLY RIGHT-4)F-WAY LINE OF SAID BURNS ROAD, A DISTANCE OF 180.68 FEET TO THE END OF SAID CURVE; THENCE SOUTH 83'43'W" FAST ALONG THE TANGENT TO SAID CURVE AND CONTINUING ALONG THE SOUTHERLY RIGHT -OF -WAT LIKE OF SAID BURNS ROAD. A DISTANCE OF 259.67 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL 7.65 ACRES, MORE OR LESS. SUBJECT TO R1CHT -OF -WAY. EASEMENTS AND OTHER MATTERS OF RECURU. rtf :%f0: IA-Pt;?icq A -2 of 14ritinq. Tyyttµt or I'rt ttinR Sn6ad.tnctory in this document when received- • 7 .X :p d T71 121 PARCEL C: A PAPCCL (IF LAND LYING IN SECTION 7. TOWNSIIIP 42 SOUTH. RANGE 43 EAST. PAIN BEACH COUNTY. FLORIDA. BEING IIORE PARTICULARLY DESCRIBED AS FOL1.06S: COPtiENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THL FLORIDA EAST MAST RAILWAY RIGHT OF-WAY AND THE EAST -WEST (IUAk:ER SECTION LINE OF SECTION 7. IL169SHIP 42 SOUTH, RANGE 43 EAST. PAUi BEACH COUNTY, FLORIDA; THIYCE SOUTII 86'38'15" EAST. ALONG SAID EAST -WEST QUARTER SECTION LINE, A DISTANCE OF 51.86 FEET TO A POINT (ACCORDING TO THE RIGHT OF VAT AND TRACT HAP OF THE FLORIDA EAST COAST RAILWAY CO.. SAID CENTER LINE OF THE FLORIDA EAST COAST RAILWAY RIGHT OF VAT BEARS NORTH 14101100" WEST AT THIS POINT AND ALL UTHER BEARINGS STATED HEREIN ARE RELATIVE THERETO); THENCE NORTH 75'59'01" FAST A DISTANCE OF 131.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH. HAVING A RADIUS OF 283.37 FEET AND A CENTRAL ANGLE OF 15'22'45 "; THENCE EASTERLY. ALONG THE ARC OF SAID CURVE A DISTANCE OF 76.06 FELT TO THE END OF SAID CURVE; - THENCE SOUTTI 88'38'15" FAST ALONG THE TANGENT TO SAID CURVE. A DISTANCE OF 616.56 FEET TV THE BEGINNING OF A CURVE CONCAVE TO THE NORTH. HAVING A RADIUS OF 1682.15 FTXr AND A CENTRAL ANCLE OF 6'48'15 "S THENCE EASTERLY. ALONG THE ARC OF SAID CURVE. A DISTANCE OF 199.76 FEET TO THE END OF SAID CURVET THENCE NORTH 84'33'30" FAST ALONG THE TANGENT TO SAID CURVE. A DISTANCE OF 631.81 FEET TO A POINTS THENCE SOUTH 05'26'30" EAST A DISTANCE OF 30 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID POINT BEING ON THE SOUTHERLY RIGHT -0F -WAY LINE OF BURNS ROAD (60 FELT RILIIT -OF WAT); THENCE CONTINUE-SOUTH 05'26'30" EAST. DEPARTING FROM SAID SOUTHERLY RIpIT- OF -ArAT LINE. A DISTANCE OF 219.16 I= TO A POINT; THENLT NORTH 84'33130" EAST A DISTANCE OF 37.88 FELT TO A POINT; THENCE SOUTH 50'53'08" EAST A DISTANCE OF 23.32 FEET TO A POINT; THENCE NORTH 84'33'30" EAST A DISTANCE OF 52.68 rat TO A POIAT;'THLXCE NORTH 05'26'30" WEST A DISTANCE OF 235.44 FEET TO A POINT. SAID POINT BEING ON THE SOUTHERLY R1CHT -OF-VAT LINE OF SAID BURNS ROAD AND LYING ON THE ARC OF A CURVE CONCAVE TO THE SOUTH. HAYING A RADIUS OF 963.91 FEET. A CENTRAL ANGLE OF 00'45'27" AND A RADIAL BEARING AT THIS POINT OF SOUTH 04'41'03" FAST; 7HENCE WESTERLY. ALONG THE ARC OF SAID CURVE AND ALONG THE SOUTHERLY RICNT -M.WAY LINE OF SAID BURNS ROAD. A DISTANCE OF 12.48 FEET TO THE POINT OF TANGENT OF SAID CURVE: THENCE SOUTH 84'33'30" WEST,.CONTINUIRG ALONG THE SOUTHERLT RIGHT -OF -WAY LINE OF SAID BURNS ROAD. A DISTANCE OF 94.90 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL 0.56 ACRES.MORE OR LESS. SUBJECT TO RIGHTS -OF -WAY. FAS DIEMS AND OTHER KATTERS OF RECORD. : nT \Wliant;. Tv➢j11R `'r ) r; 1tirR rw:Alltiafo- :Wry in Salllntnt whell rtCCl'/od' A -3 nECJMD VERIFIED PALM BEACH COUNTY. FLA. JOHN 8. OUNKLE C1bgK CTlRCXnT OOIIR'T • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 11/27/00 Meeting Date: 12/07/00 Subject/Agenda Item Appraisal of Preserve Lands. Recommendation /Motion: Consider a motion to approve utilizing highest and best use as the appraisal method for appraising preserve lands. Reviewed by: Originating Dept.: Costs: $ (Total) Council Action: City Attorney Finance [ ] Approved $ [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other Date: [ ] Operating Attachments: Paper: [ ] Not Required [ ] Other Memorandum Submitted by: Kent R. Olson t\-R� Steve B. Cramer Affected parties [ ] Notified Budget Acct. #: [ ] None ApF r� d by: G�l City Hager [ X ] Not required BACKGROUND: See attached memorandum. • • CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ronald M. Ferris, Interim City Manager DATE: November 27, 2000 FROM: Kent R. Olson, Finance Director KRb Steven B. Cramer, Principal Planner SUBJECT: Appraisals of Preserve Lands BACKGROUND The City of Palm Beach Gardens Land Development Regulations (LDRs) Section 118 provides for alternative forms of mitigation. The intent of allowing these alternative forms is "to provide a public benefit to the city that equals or exceeds the expected benefit that would have been derived from on -site preservation." These forms include off -site mitigation and payment in lieu of preservation. For payment in lieu of preservation, the payment amount shall be established by averaging two appraisals (one paid by the developer, one by the City) conducted by members of the appraisal institute (MAI). Section 118 further states that "cash payments in lieu of preservation of environmentally significant land, based on appraised land value and as determined by the city council, shall be made to a city fund established for the acquisition of land containing similar native vegetation, other environmentally significant lands, or any ecological or environmental improvements to public lands." DISCUSSION On September 28, several members of the staff held a meeting to discuss the issue of appraisal methodology. The several appraisals the City has conducted over the years have utilized the highest and best use approach to determine the property's value. Given that if the preserve is removed the developer conceivably would develop that section of the property, it would be appropriate to value the property on a highest and best use approach. In addition, were we to purchase preserve to replace preserve destroyed under this provision of the LDRs, we would be paying someone else for their property based upon "highest and best use." We spoke by phone with Ralph Monticello of Palm Beach County's Property and Real Estate Management Division. Mr. Monticello stated that the County has this same provision in their Land Development Regulations, and that the methodology used is the "highest and best use" for determining the property's value. Mr. Monticello also stated that the County uses "highest and best use" for appraisals conducted by the County for the purchase of environmentally sensitive lands. We also spoke to an appraiser who has done appraisal work for the City in the past regarding appraisal methodologies for preserves. He recommended that the best method to be utilized for this process is the highest and best use method noted above. We certainly understand that the cost of land will vary depending on its zoning. However, we will be setting a policy that will be applied to all parcels, and, unless we want to have what preserve land we have in the eastern part of the City denuded, having a policy of appraising at highest and best use is the only option available. Once the preserve is removed, the developer will move to build additional product onto the former preserve land, reinforcing why highest and best use is appropriate. The LDRs provide that the land value is determined by appraisals and by the City Council, thus the Council does have discretion in dealing with the differences in value between commercial and residential lands. Again, we see highest and best use as the general policy that should be applied, with any deviation to be applied if circumstances are warranted. RECOMMENDATION Staff recommends the City utilize the highest and best use method for appraising properties under Section 118 of the Land Development Regulations. 0 Att. • (4) Density transfer. Utilization of the density transfer provisions in section 115 to allow retention of preserve areas in an undisturbed manner, provided suitable means for maintenance and protection of such areas are established. (5) Retention by owners. Retention of the preserve area by a homeowners' or property owners' association subject to the restrictions listed below. a. Such preserve area shall remain undivided, and a lot unit owner or any other person shall not be able to bring any action for partition or division of any part thereof. Each lot or unit owner's undivided interest shall be preserved, protected, and maintained through recorded covenants running with the land or a developers agreement. Title of such area shall be encumbered for the perpetual benefit of the public generally, and all future use shall be consistent with the intent and purpose of the preservation of open space, as provided in the city's comprehensive plan and herein. b. A stated obligation on behalf of the association to pay for the cost of care and maintenance of all preserve areas; and C. A management plan, approved by the city, shall be incorporated into the association documents prior to final approval of construction drawings or commencement of land alteration, whichever occurs first. 0 Sec. 118. Alternative forms of mitigation. • (a) Purpose and intent. The purpose and intent of allowing the approval of an alternative form of mitigation is to provide a public benefit to the city that equals or exceeds the expected benefit that would have been derived from on -site preservation. (b) Alternative mitigation programs. Alternative forms of mitigation that may be approved by the city include, but shall not be limited to, the programs listed below. (1) ' Off -site preservation. Off -site preservation of environmentally significant habitat equal to or greater in size than the requirement stated in section 116. (2) Payment in lieu of preservation. a. Cash payments in lieu of preservation of environmentally significant land, based on appraised land value and as determined by the city council, shall be made to a city fund established for the acquisition of land containing similar native vegetation, other environmentally significant lands, or any ecological or environmental improvements to public lands. b. The beautification and environmental committee shall provide recommendations to City of Palm Beach Garden/ and Devebpment Regulations Adopted July 20, 2000 217 • the city council for use of funds obtained in lieu of preservation of environmentally significant lands. C. The total sum of money required in lieu of preservation of environmentally significant lands shall be determined by the amount of land normally required for preservation and the location thereof. The value thereof shall be determined by two property appraisers, who are members of the appraisal institute (MAI). One appraiser is to be appointed by the city and the other by the developer. Each party shall bear the expense of the respective appraiser appointed. Both appraisals shall meet appropriate city standards. The amount of money determined by averaging the two appraisals shall be paid by the developer to the city at the time of final development order approval by the city council or as the city council may authorize. (3) Environmental restoration or creation. Restoration, reestablishment, or creation of artificial environments which may occur within or outside the limits of a proposed development. The applicant shall provide evidence that such mitigation will be beneficial to species designated as endangered, threatened, or species of special concern. The applicant also must demonstrate the area to be improved is equal to at least one hundred percent (100%) of the preservation area required by these land development regulations. Sec. 119. Removal of invasive nonnative plants and vegetation relocation. Nonnative plants and vegetation relocation. The standards listed below shall apply to invasive nonnative plant species and to vegetation relocation. (1) Nonnative species prohibited. The installation of invasive nonnative species into any preserve area in the city is prohibited. (2) Removal. Prior to the issuance of the first certificate of occupancy, all invasive nonnative plant species, as defined in section 159, shall be removed from the entire site, including the preserve area. (3) Verification of removal. A certificate of occupancy.or other official acceptance of completed work shall not be issued until all required removal of invasive species has been completed and is in accordance with the approved development order or management plan. (4) Removal of native vegetation. Removal of native vegetation shall be minimized in the land development process. When feasible, native material shall be relocated on site. Native vegetation which cannot be transplanted or relocated on -site is encouraged to be offered for donation or to be sold by the applicant. City of Palm Beach Gardens/Land Development Regulations Adopted July 20, 2000 218 • XI. ITEMS FOR COUNCIL ACTION b. Executive Search Firm L • • XH. ITEMS FOR DISCUSSION a. Casino (Tanglewood) Commercial Splitting from Residential Redevelopment. • • U J_ � •C a O WV �U LL Q H O Z *' wa �M O °C U- c 'L M 0 a 4 s E Z 1 ,4 1 �l d > J� s �y N Q U N U a r aoi 4a N 0 C Q 1 � 0 � 0 � V U � c E N ffln �Z 3 ��•P, V o M C 3 'i O N Uoa� *' NaU � CL �aoro N o L d o r U E- J_ jc ao WV rC N G � a L Q O z4-J WU) o U U a' C a� *' E � �Nm °E'oc E ® E V -4c,�E ow �{ o N OW L c T N ++ E U N O M 3 r p N ® U CO Qt c N .� c� CL M c O +� .L a N _ N �' °'p —E N p a p m o ++ E Z Q U N aU H U J a O w �U O L� Q o z *� wa G � o °C U V � U � }�c a s m a� *' E r N o Q c E o E E U c °C €a 3 C �` U a+J Co •.. 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