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HomeMy WebLinkAboutAgenda Council Agenda 080599Alt those wishing to address the City Council need to complete the necessary form (supply located in back of Council Chambers) and submit same to the City Clerk prior to the meeting being called to order. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING AUGUST 5,1999 7:00 P.M. I. PLEDGE OF ALLEGIANCE H. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin Councilman David Clark and Councilman Carl Sabatello. M. ANNO UNCEMENT$ - As Posted on the,Bulletin Boards IV. PRESENTATIONS: 1. Presentation of Award for "Toughest Cop" to Officer Jay Wilbur V. CITY, MANAGER REPORT: 1. Construction Manager Report , VI. AWARDING OF BIDS; 1: Awarding of Bid for Telephone System 2. Awarding of Bid for Solid Waste, Vegetation and Recycling. VII. COMMENTS FROM THE PUBLIC: (_For Items Not on the Aeenda) (Please.submit request card to Clerk prior to thisjtem) VIII. CQNSENT AGENDA; S X25 1. Approval of Minutes of 6/2499 City �Coun il bLddget Workshop. 2. Approval of Minutes of 7/15/99 Regular City Council Meeting. 3. Awarding of Bid for a Fire Engine. O?,.6 Q, 5 --- O 4. Awarding of Bid for Window Treatment 5. Awarding of Bid for Auctioneering Services. 6. Resolution 91, 1999 - Consideration of Approval to Express Council's Declaratory of Intent to Reimburse Certain Original Expenditures. 7. Resolution 92, 1999 - Consideration of Approval of a Uniform Traffic Control Agreement between the City and Lexington Green Condominium Association. 8. Resolution 93, 1999 - Consideration of Approval of Amendments and Modifications to Resolution 166, 1996 and Resolution 84, 1999, to the City's General Obligation Bonds, Series 1999. 9. Resolution 94, 1999 - Consideration of Approval to Support Palm Beach County Ordinance Pertaining to Discharge of Firearms and Firearm Sales in Palm Beach County. IX. PUBLIC HEARINGS; 1. Notice of Proposed Change - Regional Center DRI Use Conversion. (Public Hearing, adv. 6/2/99; Postponed from Regular Meeting of 6/17/99 and 7/15/99; To be postponed to 9/2/99 Regular Meeting) S- 2. Ordinance 30, 1999 - Providing for Amendments to the Palm Beach Gardens Code of Ordinances by Amending Sections 78 -2, 114 -9, 114 -36, 114 -42, and 114 -43 re: Subdivisions. ra(Public Hearing, adv. 7/21/99; Consideration of Second Reading and Adoption) ance 31, 1999 - Providing for Amendments to the Palm Beach Gardens Code of ` Ordinances by Amending Sections 118 -38, 118 -39, 118 -42, 118 -43, 118 =45, 118 -48, 118 - 8 50, Ia 18 -213, 118 -214, and 118 -473 re: Zoning: Development Review Process. (Public Hearing, L-cv. 7/21/99; Consideration of Second Reading and Adoption.) n J, Ordinance 32, 1999 - Providing for Annexation of .33 Acres of Land into the City, Generally 1T� C ocated on the South Side of Idlewild Road; 1/4 Mile East of Prosperity Farms Road. (Public �earing, adv. 7/21/99; Consideration of Second Reading and Adoption; TO BE .� POSTPONED TO THE 8/19/99 REGULAR MEETING) X. V-RESOLUTIONS: 1. Resolution 70, 1999 - Consideration of Approval of a Waiver for Parcel 12.04 N.E. Northlake Boulevard & MacArthur Boulevard Mixed Use Waiver. 2. Resolution 71, 1999 - Consideration of Approval of a Waiver for Parcel 12.05 N.W. Northlake Boulevard & MacArthur Boulevard Mixed Use Waiver. 3. Resolution 83, 1999 - Consideration of Approval of Site Plan for Stainsafe. 4. Resolution 96, 1999 - Consideration of Approval of for an Amendment to the Regional Center S7-0 PCD re: Open Space. XI. ORDINANCES: (For Consideration of First Reading) 1. Ordinance 37, 1999 - Providing for Amendment to Article III of the Palm Beach Gardens Code of Ordinances Entitled "Police Officers Retirement Trust Fund ". (Consideration of First Reading) XII. ITEMS FOR COUNCIL ACTION: 1. Purchase of Double Rainbow Sculpture. /1 XIII. ITEMS FOR DISCUSSION: 1. 1999/2000 Fiscal Year Budget XIV. ITEM$ & REPORT'$ BY MAYOR AND CITY COUNCIL 1. Issues and Priorities XV. CITY ATTORNEY REPORT: 1. USA vs City of Palm Beach Gardens 2. Dismissal of City vs. General Accident Co. Of America XVI. 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 James Waldron, Jr., no later than 5 days prior to the proceeding at telephone number (561) 775 -8255 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. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: 8/5/99 Date Prepared: 7/15/99 Subject/Agenda Item: Telephone System for City Facilities Recommendation/Motion: Staff recommends approval of the BellSouth proposal for Nortel PBX Reviewed by: Originating Dept: Police Costs: $ 177,399.03 Council Action: Total City Attorrnney [ ] Approved Finance 1`�� $ 180,000 [ ] Approved w/ conditions Current FY [ ]Denied ACM Advertised: Human Res. Funding Source: [ ] Continued to: Date: [ ] General Fund Attachments: Other Paper: [ x ] Not Required [ x ] Other Bond Proceeds Su ed • Q � ! W rector Affected parties [ ] Notified Budget Acct #: 22 -0900 - 519.6200 [ ] None Approved by: City Manager [ ] Not required BACKGROUND: In preparation for the new Municipal Complex, Staff is planning the implementation of a digital Private Automatic Branch Exchange (PABX), with stored - program control, for the replacement of the existing telephone equipment, which is mostly stand alone Key Equipment supported by Essx line from BellSouth. The objective of this procurement is to accommodate the expanding capacities of The City of Palm Beach Gardens and secure a telecommunications system that allows the City to take advantage of the latest advances in telecommunication technology. The City of Palm Beach Gardens anticipates a number of benefits from the implementation of the PABX, including reduced telecommunications operating expenses, increased system control, and improvement in the quality of communications services due to the availability of sophisticated, state -of -the -art system and station features. Currently, each telecommunication system at the City operates on a "standalone" basis. The plan is to migrate to a unified network approach at all locations, as soon as communications paths are established to take advantage of the economies available through such advances as centralized maintenance and administration, call accounting and voice messaging, as well as providing an identical system appearance to all system users, regardless of location. As the new PABX system is anticipated to be a part of this network migration to accommodate other current and foreseeable technological advances such as video transmission, broadband data switching, and open architecture features that allow the system to integrate with peripheral systems such as Automatic Call Distribution (ACD), Call Accounting, Voice Mail, Interactive Voice Response, Fax Mail, Telecommunication Management, and other application dependant systems. - Equally important to The City of Palm Beach Gardens is the ability of the selected system to accommodate future advances in technology. The City of Palm Beach Gardens throughout the planning and implementation of the project has projected this equipment to service the City for 10 years or longer. Our objectives are: ➢ Design a 4 Digit Uniform Dialing Plan throughout the City. ➢ Voice Network will be of Digital Equipment and Transmission design, which allows for programmable software to control system functionality. ➢ Year 2000 Compliance for all software and hardware components of the Voice Network. ➢ All Voice Equipment will be capable of 100% expansion capacities, insuring the future growth plans of the City. ➢ A common Voice Mail Platform would be installed in the City for fast and accurate communications for all employees. ➢ The proposed Nortel product is new millennium technology capable of Voice over IP (Internet Protocol) with the Meridian Integrated IP Telephony Gateway and Voice over Frame Relay with the Nortel Passport product line. This is an emerging technology that will allow for voice transmission over data networks that would ultimately provide greater efficiency and lower phone costs for the City. ➢ Centralized Administration for managing all equipment devices and a Call Management Server for identifying and tracking all incoming and outgoing calls in the City PABX, which will be used to manage costs from a support aspect (single site)and system management for call volume tracking or abuse. ➢ Install Digital Trunking arrangements that promote cost reduction and the ISDN communication benefit of Automatic Number Identification (ANI) and Call by Call Selection (trunk bandwidth on demand for incoming and outgoing peak calling). As opposed to having dedicated in bound and out bound static trunk lines. ➢ Retention of ESSX lines at certain offices to maintain cost effective monthly charges versus 2 expensive off premise extensions. ➢ Installation of a digital SunCom circuit capable of 24 simultaneous conversations for long - distance calls and state of Florida inter - agency calls. Employ an overall telecommunications strategy from a single source vendor who provides a full array of hardware and software products, all network transmission facilities and complete responsibility for installing the multi- vendor applications. RECOMMENDATION: Staff is requesting that Council approve the BellSouth proposal and "piggybacking" from the Broward County Contract, which represents a discount of 41% off list price and is below state contract pricing. Broward County received four bids with BellSouth being the low bidder, which has an excellent scale of economy that has provided very low pricing for City of Palm Beach Gardens. Proposed budget for this system was $180,000. Staff recommends that Council accept the proposal from BellSouth in the amount of $177,399.03 CITY OF PALM BEACH GARDENS CITY COUNCIL. Agenda Cover Memorandum Date: 07/27/99 Subject/Agenda Item Vegetative, Recycling and Solid Waste Collection Contract Recommendation /Motion: . Staff recommends awarding the vegetative, recycling and solid waste collection contract to Waste Management. Reviewed by: Originating Dept.: Costs: $1,089,456 Council Action: Total City Attorney Finance [ ] Approved Finance Public Works $ 1,110,000 [ ] Approved w/ conditions Current FY ACM [ ]Denied Advertised: Funding Source: [ ] Continued to: Human Res. Attachments: Date: [ X] Operating Other Paper: [X ] Not Required [ ] Other Memorandum (Copies of submitted Submitted by: Richard Diamo d proposals distributed Kent R. Olson separately) Robert B. Pa Hal Beard Dick Holliday Assistant City Manager Affected parties Budget Acct. #: Finance Director Public Works Director Ass't. Public Works Dir. Project Coordinator [ ] Notified 01- 0900 - 519.3440 [ ] None Approved by: City Manager [ X ] Not required MEMORANDUM TO Bobbie Herakovich, City Manager FROM Richard Diamond, Assistant City Manager? Kent R. Olson, Finance Director Kb Robert B. Patty, Director Of Public Works Hal Beard, Assistant Director Of Public Works/' Richard Holliday, Project Coordinator SUBJECT Solid Waste, Recycling and Vegetative Collection Services DATE July 27, 1999 BACKGROUND The current solid waste, recycling and vegetative collection contract with Waste Management will expire on September 30, 1999. On May 6, the Council declined to extend the existing contract for five years and directed staff to issue a Request For Proposal for these services. The Request for Proposals was advertised on May 20, with four RFPs mailed out to those on our bidders list. The RFP stipulated a five year contract beginning October 1, 1999. The RFP proposes the continuation of twice - weekly collection of residential garbage and weekly collection of both vegetation and recyclable materials. The frequency of commercial solid waste collection depends on the business' needs. Businesses will be billed directly by the hauler; the City will collect a 3% franchise fee on all commercial accounts and on residential collection fees. The collection of construction and demolition debris is not to be provided exclusively by the successful hauler, instead each contractor shall make his own arrangements for its collection. A total of four firms were represented at the pre -bid conference held on June 2. All four firms responded by the June 24 deadline. A staff committee composed of the above evaluated each of the four proposals independently based on the following criteria: 1) Cost of services, 2) Experience, skill and ability, 3) Financial capacity, 4) Possession of necessary equipment and facilities, 5) Ability to provide emergency services, 6) Completeness /quality of proposal and 7) References. The "Cost of Services" factor constituted 40% of the total evaluation points. Part of the evaluation was a visit to each hauler's site to inspect ,facilities and operations. DISCUSSION Based upon the criteria above, Waste Management was the highest rated firm, followed by Sunburst Sanitation, Browning- Ferris Industries and Eagle Sanitation. Below is a listing of the firms and their proposed annual fees. The lowest cost of services submitted was from Eagle Sanitation. At the present time, Eagle has no operations in Florida, but has two potential sites from which to conduct business. Eagle has a firm commitment to share facilities at one site(the site identified in the proposal) and is discussing the possibility of leasing another site(both sites are in West Palm Beach). The first site would be shared with a firm which performs maintenance work on trash containers for some solid waste companies. The property is approximately four acres and has three maintenance bays, but no bay for washing vehicles. The alternate site has three maintenance bays plus a wash bay on approximately two acres. Currently, Eagle has no equipment, no drivers, no helpers, and no administrative staff to manage the operations outside of the owner and two other personnel. Based upon what was submitted, Eagle will not have all of trucks ready by September 30. Eagle has no insurance in place(they have a letter from an insurance broker stating insurance can be obtained), and the financial information provided indicated there was no income received from operations in :the past year. While the rates offered by Eagle are enticing, there is some risk associated with hiring a firm which is conducting no business at the present time(and has not had a contract in five years, according to the proposal) and would have to hire personnel and obtain equipment and vehicles by October 1, 1999. Eagle received positive references from two communities in New Jersey for services provided in 1993 or earlier. Some of Eagle's references were no longer available at the phone numbers provided. Sunburst Sanitation presented the next lowest proposal. Sunburst currently serves Districts Three and Seven in unincorporated Palm Beach County for the Solid Waste Authority(SWA); Sunburst does not have any contracts with a municipality. Sunburst has a minimal amount of staff to handle complaints since the SWA handles all the complaint calls in the County and contacts the hauler to resolve problems as needed. Sunburst Sanitation will likely field more complaint calls if they win our contract since calls are not routed to SWA first, and will probably need to add customer service staff to accommodate this potential increase. Sunburst has a three acre site, but it is negotiating to buy five more acres and has an adjacent site where it can park vehicles and equipment. Their site has four maintenance bays currently and an expansion to add four more bays will begin construction shortly. Washing is contracted out and is done outside the maintenance facility. Sunburst is part of Republic Services and has several sister companies upon which to draw equipment if needed during emergencies. Sunburst was acquired in 1995 by Republic and brought in a new Division Vice President in 1996. Sunburst has aver 75 employees and over 50 vehicles Total Paid Total Paid Company By City By Others Grand Total Eagle Sanitation $1,042,281 $385,466 $1,427,747 Sunburst Sanitation $1,045,425 $540,909 $1,586,334 Waste Management $1,089,456 $505,505 $1,594,961 Browning- Ferris(BFI) $1,325,685 $498,957 $1,824,642 The lowest cost of services submitted was from Eagle Sanitation. At the present time, Eagle has no operations in Florida, but has two potential sites from which to conduct business. Eagle has a firm commitment to share facilities at one site(the site identified in the proposal) and is discussing the possibility of leasing another site(both sites are in West Palm Beach). The first site would be shared with a firm which performs maintenance work on trash containers for some solid waste companies. The property is approximately four acres and has three maintenance bays, but no bay for washing vehicles. The alternate site has three maintenance bays plus a wash bay on approximately two acres. Currently, Eagle has no equipment, no drivers, no helpers, and no administrative staff to manage the operations outside of the owner and two other personnel. Based upon what was submitted, Eagle will not have all of trucks ready by September 30. Eagle has no insurance in place(they have a letter from an insurance broker stating insurance can be obtained), and the financial information provided indicated there was no income received from operations in :the past year. While the rates offered by Eagle are enticing, there is some risk associated with hiring a firm which is conducting no business at the present time(and has not had a contract in five years, according to the proposal) and would have to hire personnel and obtain equipment and vehicles by October 1, 1999. Eagle received positive references from two communities in New Jersey for services provided in 1993 or earlier. Some of Eagle's references were no longer available at the phone numbers provided. Sunburst Sanitation presented the next lowest proposal. Sunburst currently serves Districts Three and Seven in unincorporated Palm Beach County for the Solid Waste Authority(SWA); Sunburst does not have any contracts with a municipality. Sunburst has a minimal amount of staff to handle complaints since the SWA handles all the complaint calls in the County and contacts the hauler to resolve problems as needed. Sunburst Sanitation will likely field more complaint calls if they win our contract since calls are not routed to SWA first, and will probably need to add customer service staff to accommodate this potential increase. Sunburst has a three acre site, but it is negotiating to buy five more acres and has an adjacent site where it can park vehicles and equipment. Their site has four maintenance bays currently and an expansion to add four more bays will begin construction shortly. Washing is contracted out and is done outside the maintenance facility. Sunburst is part of Republic Services and has several sister companies upon which to draw equipment if needed during emergencies. Sunburst was acquired in 1995 by Republic and brought in a new Division Vice President in 1996. Sunburst has aver 75 employees and over 50 vehicles C at a West Palm Beach office. Sunburst received a positive reference from the Solid Waste Authority(SWA), though it was not as strong as the reference SWA provided for Waste Management. Waste Management has served as the City's hauler since 1989. Waste Management has the largest(11 acres) and most state -of- the -art facility of the four proposers at its Boynton Beach facility, as well as the most equipment and employees. Waste Management, by virtue of being the City's current hauler, does not need to obtain additional equipment nor hire additional employees. Waste Management has a disaster response team to help the City recover from a major natural disaster. This is a specialized team that does nothing but disaster recovery in the event of a hurricane or other catastrophic event. Waste Management received higher marks from the SWA than either Sunburst or Browning- Ferris Industries(BFI). Browning- Ferris Industries(BFI) is a very qualified firm based in Delray Beach. BFI acquired County Sanitation in 1994. The cost proposed by BFI, however, was much higher than the other three firms, making it difficult to overcome this obstacle on the rest of the factors. BFI received a strong reference from the SWA, though it was not as strong as the reference SWA provided for Waste Management. Below is a table which shows the average number of residential complaints the SWA received during the second quarter of 1999 for Sunburst Sanitation, Waste Management and BFI. Average Average Monthly Number of Percentage of Firm Complaints Customers Complaints Waste Management 379 79,469 .48% BFI 708 100,439 .70% Sunburst Sanitation 673 66,562 1.01% In sum, there are several factors which led the staff committee to rate the Waste Management proposal as the City's best choice. We are simply not convinced that Eagle Sanitation will be able to get the necessary equipment and personnel in place prior to October 1 to serve the City. In addition, the firm has not been active in the business since 1994 and has not had a solid waste contract to haul trash with any public entity (municipal or county) in Florida. Based upon the SWA references, its appears that changing to Sunburst is likely to increase customer complaints, and therefore, increase staff time spent on monitoring the contract. The advantage of the slightly lower rates could be offset quickly by additional staff time spent resolving complaints and monitoring compliance by the hauler. BFI's much higher proposed cost of services could not overcome the Waste Management proposal. Any change in haulers will likely cause some disruptions and confusion in service initially as containers are exchanged and routes are established by the new hauler. Given Waste Management's competitive price proposal, superior references and the avoidance of disruption of service, the staff committee recommends awarding the solid waste, recycling and vegetative collection contract to Waste Management. Alternative proposals for vegetation collection on either Monday or Tuesday and for Monday, Tuesday and Wednesday collection were requested. Except for Eagle, the proposed cost of providing these alternatives was not competitive. For that reason, we are recommending that the alternatives be rejected. RECOMMENDATION We recommend the City accept the solid waste, recycling and vegetative collection proposal from Waste Management at the per unit costs submitted in its proposal and that the Mayor be authorized to execute an agreement with same. m 0 m m W 0 m v m cn m m W �_ o o 5 co 0 o o m c o = c m m c 1 D o 0 �Q:3 Cl) _ CD cn ? 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W Cl W N O O O Cn 0 N a CO) — rK) N K 0 0 °o °o s ° Ln c 0 cco cNil � a c Cn cn cn cn N --I W O 8,A !A 60 EA w O W OO COn O of r C�If O O C CD r cn m rn G1 40 4A 40 EA m 'v 00 CA Lvt 4, a0 A 0) -4 p N cn to W A � At N V m n m ch v T TO N W S m n r m O TZ Y CITY OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP MEETING JUNE 24, 1999 The June 24, 1999, workshop meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 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. 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 Lauren Furtado, Councilman Eric Jablin, Councilman David Clark, and Councilman Carl Sabatello. CITY MANAGER PRESENTATION City Manager Herakovich reported two items which had impacted the budget were a new fire station and tax cap legislation. The City Manager announced that since the City would issue fewer dollars in bonds than anticipated, debt service millage would increase from .3394 to .4106, which was not as much as originally thought. The proposed operating budget increase was from 3.7265 to 3.8767. Procedures which had been followed by staff to lessen spending were to consider part-time or contracted work, using volunteers, etc. Finance Director Kent Olson reviewed major budget items for different departments, and stated that General Fund expenditures had increased by .91/o. Mayor Russo expressed concern regarding spending budget surplus funds. The Finance Director explained that under the Save Our Homes legislation, property taxes could increase 3% or the rate of inflation, which last year was 1.6 %. A taxpayer with a home valued at $100,000 would experience a tax increase of approximately $23.00 per' hundred. Mr. Olson explained it had been six years since the City had raised taxes. Police Department Budget Chief FitzGerald presented the Police Department budget, and stated that operating costs had increased $4,910 over the current year, and total personnel services had increased $724,000. Chief FitzGerald reviewed personnel needs, efforts made to reduce overtime, and training facilities. Contracting with Palm Beach County for dispatch services was discussed. Chief FitzGerald CITY COUNCIL WORKSHOP MEETING, 6/24/99 2 reported no contract had been signed with the County to date, and that for the City' to operate dispatch properly, seven dispatchers would need to be hired. Vice Mayor Furtado reported the Chief was working on becoming a part of the gang task force. It was requested that holiday pay be removed from the overtime amount to get a true picture of overtime. Chief FitzGerald commented he was comfortable that with the additional personnel requested, the level of service to the residents could be maintained. Mayor Russo requested the City's policy regarding Department Heads attending conventions, so that discussion of this item could be held by the City Council, and commented that Department Heads attending conventions during the next year might need to be limited. Fire Department The Fire Chief reviewed proposed programs, and stated it was believed the current level of service could be maintained with the additional goals and projects presented. The Administration budget was reviewed, the high cost of bringing in a new Fire Station was discussed, and impact fees were also discussed. The City Manager reported the response time of over five minutes throughout the City was being challenged. Other costs, including the cost of additional EMS personnel, were discussed. Human Resources Human Resources Director Waldron explained the proposed budget, which included heavy emphasis on training. The 8% turnover rate was considered good compared to other cities. Councilman Clark requested research on turnover rates for prior years, and also that the introduction to the budget be updated. Parks & Recreation Parks & Recreation Director Sue Miller presented the goals included in the proposed budget, including completion of the skate park, concession/rest room facilities for the roller hockey facility, a parks equipment storage facility, development of the church property after relocation of the Fire Department, and Lake Catherine lakeside property improvements. Requested lightning detectors were discussed. Mayor Russo emphasized that use of lightning detectors would necessitate a strict program whereby fields must be cleared when the alarm went off. The Vice Mayor requested a breakdown of demographics for each recreation program, to which the City Manager responded that figures would have to be based on the 1990 census. The District Park was discussed. It was reported that an agreement was being worked-out with the County, who planned to purchase the property and have the City develop the park. Consensus was that the City should hold title CITY COUNCIL WORKSHOP MEETING, 6/24/99 3 to the land. Vehicles for employee use and car allowances were discussed. A list of personnel for whom cell phones were furnished was requested. Obtaining sponsors for the City's birthday special event was discussed. Possibile locations for fireworks were discussed. Golf Course Raising rates to play golf was proposed for next year. Maintenance and advertising costs were reviewed. Public Works Director of Public Works Bob Patty described proposed goals and objectives: to identify a new site for a public works complex, to reorganize divisions to accommodate a stormwater utility, to improve quality of service in all divisions, to minimize flooding city wide, and to privatize areas where appropriate for better levels of service. Mr. Patty highlighted major costs, and explained that elimination of two positions would allow funding to hire Total Maintenance, a local company which would take care of maintenance of Holly Drive, Military Trail, PGA Boulevard, and interchanges at I -95 and Northlake and I -95 and PGA Boulevard. The difficulty of keeping personnel because of salary limitations was discussed. Mr. Patty introduced Hal Beard, new Public Works Assistant. The overall Public Works budget increase was approximately 4 -1/2 %; however, grant funds were anticipated which would actually reduce the budget by approximately 4 1/6. Space requirements for storage of public works equipment were discussed. Facilities maintenance, canal dredging, mosquito control, certification of mechanics, and gas tax figures were reviewed. Mr. Patty provided input regarding his car allowance and cell phone use. Growth Management Growth Management Director Roxanne Manning expressed her opinion that Planning & Zoning was properly staffed to continue to provide the level of service achieved during the past two years, but not to do special projects. Revenue and expenses for Planning & Zoning and Building were discussed. Proposed changes in Code Enforcement staffing were described, and concern was expressed regarding the need for obtaining and keeping Building inspectors and other Growth Management personnel at current salary levels. Increasing the budget for this department and decreasing in other areas was discussed as a possibility, and projection figures were requested in order to make that decision. Finance Director Olson explained that an extra $1 million in tax revenue would increase the millage rate by .7 1/o, or 4.5842% overall. During review of budget figures, Director Olson explained that personnel services were CITY COUNCIL WORKSHOP MEETING, 6/24/99 0 accelerating and capital outlays were decelerating, and that overall expenses had not increased greatly in this year's budget. Mayor Russo expressed concern that adding additional employees this year would increase expenses too much the following year, and that an 8 % -91/o tax increase would be needed to accommodate the budget and increase reserves. Mayor Russo requested the total cost of adding additional employees and the total budget for next year, and commented that all proposed projects might not be able to be done this year. The high cost of adding a new fire station and its impact on the budget was discussed. Privatizing for vehicle maintenance and in other areas was suggested. Postponing hiring personnel until additional tax revenue and impact fees were received from anticipated development was suggested. The possibility of adding an additional fire truck at an existing location temporarily was discussed. Councilman Sabatello pointed out that police negotiations and adding a new fire station made up 75% of the budget increase. Mayor Russo summarized that the Fire Chief needed to come back to the meeting on July 8, that possibly Code Enforcement could go another year without personnel changes, and that some projects might need to be eliminated to get through the next two years, since a double -digit tax increase next year could scare off future corporate relocations to the City of Palm Beach Gardens. The Mayor indicated that the highest tax increase he could live with was 71/o for this year and 71/o for next year. The City Manager commented the only proposed position which she could think of that might be changed to a contractual position was a proposed additional parks maintenance person. Staff was directed to come back with similar suggestions for reducing the budget, while providing a surplus of $500,000, and a projection of how things would then stand next year. All Department Heads were requested to attend the July 8 meeting with proposals to reduce costs; Growth Management Director Manning was requested to address the "bare bones" Planning & Zoning situation; and Finance Director Olson was requested to project revenues which could be realized from building permit fees, inspection fees, application fees, etc., which could be passed on. Budgets for Administration and Finance were to be reviewed before July 8, 1999 so that the budget could be finalized at that meeting. CITY COUNCIL WORKSHOP MEETING, 6/24/99 5 ADJOURNMENT There being no further business to discuss, upon motion by Councilman Jablin, seconded by Councilman Clark, the meeting was adjourned at p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO CHAIRMAN PRO TEM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL WORKSHOP MEETING JULY 15, 1999 The July 15, 1999, Special Workshop Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 6:30 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. 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 Lauren Furtado, Councilman Eric Jablin, Councilman David Clark and Councilman Carl Sabatello. PRESENTATIONS Planning Discussion Nancy Graham, representative for WCI, commented they would contribute $2500 toward the consultants' fee to develop the PGA Corridor, and explained that there was money available to take care of all traffic plans and the City Council must decide what was wanted. City Manager Herakovich explained that concepts had been prepared by staff and stressed the importance of a theme for the City. Developer Dan Catalfumo expressed willingness to work with the City. Growth Management Director Roxanne Manning discussed implementing the vision for the City by re- writing the zoning code, creating a sense of identity for the City, and teamwork. Four topics were slated for discussion: linkages, gathering spaces, land uses, aesthetics. A City Center zoning overlay was suggested. Consultant David Barth discussed linkages, and explained that at the present time there were very few east -west and north -south main roads; sidewalks that did not connect, bike paths that were not marked, and roadways that did not connect. Growth Management Director Manning commented that the purpose of the overlay grid was to give a developer ability to provide more ingress /egress into their development. Mayor Russo announnced that this discussion would continue during the regulat City Council meeting immediately following the adjournment of this Special Workshop Session. ADJOURNMENT At 7:00 P.M., a motion was made by Vice Mayor Furtado, seconded by Councilman Clark and unanimously carried to adjourn F the meeting. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JULY 15, 1999 The July 15, 1999, 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. 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 Lauren Furtado, Councilman Eric Jablin, Councilman David Clark and Councilman Carl Sabatello. PRESENTATIONS Planning Discussion Consultant David Barth continued the planning discussion from the workshop meeting and presented concepts for linkages which had been used in other cities. Mr. Barth commented that land uses were impossible to separate from linkages and discussed the current pattern. Building/street relationships were discussed. Different types of urban gathering spaces were presented, as well as examples of themes in cities were presented. The Growth Management Director described a lack of certainty in the current process. Principal Planner Kim Glas Castro presented a staff suggestion to expand on the PGA Corridor overlay. Members of the City Council recommended that focus be on linkages, feeling that other items would fall into place The Vice Mayor commented that the City would never have a central center such as those found in older northern cities, and suggested a city center with linkages provided from PGA Boulevard to smaller centers. Councilman Clark recommended putting a plan into place for the future to encourage evolution away from present conditions. The Mayor agreed linkages were the answer, and questioned how to establish linkages in closed communities. Planning and Zoning Commission members who were present commented on the importance of parking availability, and expressed concern that a CITY COUNCIL REGULAR MEETING, 7/15/99 KI predetermined grid could limit development ideas. Discussion ensued regarding whether Palm Beach Gardens had enough thoroughfare roads, that people did not want 6 traffic lanes with delays, and questioned where linkages would go. Suggestions were made that instead of one city, center zone there could be several, and that a study regarding what the City could offer in public gathering places could be done. It was pointed out that 50% of the PGA corridor was not yet developed, but was on the verge of being developed; and the question was posed as to whether the City should now become proactive in establishing Is character. Other suggestions and comments were land use by density - that focus should be on where to connect major parcels - that DOT would dictate some of the roadway linkages; that the City should be ready to work hand in hand with developers; that the visioning process, the planning forum held several years ago, and the PGA overlay had already been established as a basis for this suggested overlay; that emphasis needed to be on pedestrian linkages; that linkages should be specified for pedestrians but the City should not design for the developers; that things should be included to encourage gathering places along the way; and that the existing character did not need to be changed. It was pointed out that the dominant existing component was landscaping, and focus should be on maintaining landscaping and creating linkages, and not limiting creativity. Mr. Channing commented that the City should not mandate forums, and should think in abstract terms of what gathering places and linkages really were; and stated that P &Z was prepared to insist on great architecture, planning, design, and landscaping. The Mayor commented that Planning & Zoning had done a great job, and without the MacArthur Foundation, Planning & Zoning would be the first set of eyes in examining applications. Nancy Graham commented that WCI wanted to provide linkages from their developments to other sites, and had worked very closely with Mr. DiVosta to develop a linkage plan from Donald Ross Road down Military Trail to the mall. Mayor Russo questioned how to achieve traffic concurrency and also better planning. Commissioner Karen Marcus encouraged enhancing sections of PGA Boulevard that were already developed by using pavers, benches, and other items, and instead of building one tall building, to build two shorter buildings with linkages. Commissioner Marcus encouraged the City to look at the intersection at the mall and the courthouse, and to consider walkways over the highway. Commissioner Marcus stated that the County was willing to work with the City to reduce traffic ,lanes and provide landscaped CITY COUNCIL REGULAR MEETING, 7/15/99 4 medians. Mayor Russo indicated that he would like to continue working with the County to pool resources. Nancy Graham commented there was an urgency to work on these issues, with which Mayor Russo agreed. Mayor Russo expressed concern regarding the concept of a public gathering site in the mall and felt that creating a public gathering place in the middle of a group of office buildings might not work well. It was suggested that the City explore moving DMV while Mr. Catalfiuno was still in the design stage of his project. The need for a pedestrian link to the mall site with the M28 site was noted. Councilman Sabatello commented µ- that it was important that large property owners present conceptuals for planning sessions in order to fast track. Dan Catalfumo reported developers' hands were tied by having to show the City separate parcels, and that they needed to be able to present the whole concept of everything in one master plan to show how traffic would be affected. Commissioner Marcus commented that one project at a time was the process everyone had agreed to; that the County still had jurisdiction over roadways and needed to be consulted before Northern on drainage, and that timing and taxing issues would need to be considered. Commissioner Marcus indicated that as projects start coming through the process one by one, capacity would be used up and that the County needed to know soon if the City desired a change in the CRAWLS designation to increase trips, because it was such a lengthy process. Mayor Russo commented he did not want to change the designation without first seeing offsetting benefits. Councilman Sabatello indicated he was in favor of meeting traffic performance first and then following with good planning to meet traffic problems. The Mayor suggested looking at less traffic with a lower designation. Growth Management Director Roxanne Manning commented staff was receiving good direction on the large issues; to look at the issues, and direction to work with the County and the engineers to try to bring this together in some successful way. Principal Planner Kim Glas Castro requested further exploration of developing a sense of identity in the core area of the City Center by setting more specific guidelines of what was expected from developers so that they would have guidance, with flexibility to design their structures using materials for the concept they were trying to promote, and that one means of doing this was to develop a pattern book containing graphic, user - friendly examples. Ms. Glas- Castro suggested that an item that could be included in the pattern book of design guidelines was a streetscape pattern with a common type of light post with matching benches and trash receptacles which might be used in the core area. CITY COUNCIL REGULAR MEETING, 7/15/99 5 Use of similar signage styles was suggested as another way to create a sense of identity in certain areas. Similar landscaping throughout the core area and other areas of the City could be used, and other areas might utilize different styles of street furniture and/or signage to establish a different feel. Consensus was to proceed with development of this concept of design for the overlay and to include the major landowner in the process. Mayor Russo requested frequent workshops with the landowner, staff, and a City Council representative in order to move forward quickly. Growth Management Director Manning expressed her opinion that the overlay could be included in the zoning revisions, and agreed that a schedule for workshops could be ready at the next City Council meeting. Mayor Russo requested that a designated time for petitions be placed on future agendas. Councilmember Sabatello volunteered to be the City Council representative for the workshop meetings. The Regular Meeting was reconvened following a short break. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. CITY MANAGER REPORT The City Manager announced that driveways were being poured and swales were being replaced in Garden Woods; and that in doing restorations it had been discovered that there could be an opportunity to seek additional flood mitigation for which staff was currently researching costs; that telephone problems experienced during the past week had been corrected; that Freedom House had been cited with two notices of violation; and that recent awards received by a police officer and paramedics would be recognized at the next City Council meeting. PRESENTATIONS Dr. Patricia Bidol -Padva Dr. Bidol -Padua explained she would like to meet individually with members of the City Council and senior staff to determine what was needed to increase productivity and morale of elected officials and staff working together. Dr. Bidol -Padva commented that she was an organizational development consultant and also facilitated and mediated complex issues; and described her recent successful efforts with the Palm Beach County Equestrian Task Force Economic Summit. Dr. Bidol -Padva explained that she was highly skilled, knew how to customize, and, that her goal would be to improve the situation within the City, however, would not know how to do that until she had met with the City Council and senior CITY COUNCIL REGULAR MEETING, 7/15/99 D staff individually, after which she ,would provide a report of options. Councilman Sabatello expressed his opinion that the first two steps to be accomplished would be to assess the relationship between the City Manager and Department Heads in order to institute improvements, after which the relationship between the City Manager and the City Council should be assessed. Dr. Bidol- Padva advised that the diagnostic process would take approximately two to two and one -half days, and that her price for the City was well below her normal fee. Council members expressed opinions which included the desire�not to go on a fishing expedition, that it was very important to establish goals, that the City Council worked well together but at times there was some negativity, that the diagnostic process was important, and that the scope of the study should not be too broad. Dr. Bidol -Padua advised that trends would be made public but specific information would be kept confidential, and stressed that honesty on the part of those being interviewed was imperative and that clear goals that could be followed must be established. Direction to the City Manager was to move forward. COMMENTS FROM THE PUBLIC Siro DeGasperis Mr. DeGasperis, President of PGA National Property Owners, described an unsigned, undated letter which had been received by PGA National residents related to the Golf Digest petition and concerns that were made public by some of the residents at the June 22, 1999 Planning & Zoning Commission meeting. Mr. DeGasperis advised that attempts were being made to find out who had been the author of the letter so that he could respond to it properly and reported that so far things had been going well in working with the City regarding issues concerning Golf Digest. CONSENT AGENDA Vice Chair Furtado moved approval of the Consent Agenda. The motion was seconded by Councilman Clark, which carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: 1. Approval of Minutes of City Council 7/1/99 Regular City Council Meeting. 2. Approval of Minutes of City Council 7 /8/99 Workshop City Council Meeting. 3. Resolution 73, 1999 - Consideration of Approval of Plat for Parcel 6A of BallenIsles. 4. Resolution 74, 1999 - Consideration of Approval of Plat for CITY COUNCIL REGULAR MEETING, 7/15/99 7 Parcel 24 of BallenIsles. 5. Resolution 89, 1999 - Consideration of Approval of Support of Little Acorns Children and Family Programs. 5. Resolution 90, 1999 - Consideration of Approval to Ratify the Collective Bargaining Agreement with the Police Benevolent Association for Officers, Sergeants, and Communications Operators Unit. PUBLIC HEARINGS Proposed Change to Regional DRI Mayor Russo declared the public hearing open, duly advertised 6/2/99, postponed from Regular Meeting of 6/17/99, and held on the intent of the Notice of Proposed Change for the Regional Center DRI (Use Conversion). There were no comments from the public. Councilman Jablin made a motion to continue the Notice of Proposed Change for the Regional Center DRI (Use Conversion) to the August 5, 1999 Regular City Council meeting. Councilman Clark seconded the motion. Motion carried by unanimous 5 -0 vote. Resolution 72, 1999 Mayor Russo declared the public hearing open, duly advertised 6/7/99, postponed from the Regular Meeting of 6/17/99, continued to 7/15/99 Regular Meeting of the City Council, and held on the intent of Resolution 72, 1999 - Consideration of Approval of a Sign Variance for Gardens Park Plaza. A representative from Urban Design Studio spoke on behalf of the petitioner requesting a sign variance for five existing ground signs so that they would be in conformity. Staff recommended approval of the variance. Patrick Koenig, Manager of the shopping center provided a history of the existing signage and expressed his opinion that petitioner had cooperated with the City in the past. City Council members expressed their opinion this was a pollution issue. The City Attorney provided legal advice. Councilman Jablin made a motion to continue the Public Hearing for Resolution 72, 1999. Councilman Clark seconded the motion. Motion carried by unanimous 5 -0 vote. Councilman Jablin made a motion to reconsider the motion to continue the Public Hearing for Resolution 72, 1999. Councilman Clark seconded the motion. Motion carried by unanimous 5 -0 vote. Councilman Clark made a motion to continue the Public Hearing CITY COUNCIL, REGULAR MEETING, 7/15/99 8 for Resolution 72, 1999 to the August 19, 1999 Regular City Council meeting. Councilman Jablin seconded the motion. Motion carried by unanimous 5 -0 vote. Ordinance 22, 1999 Staff presented the petition. Mayor Russo declared the public hearing open, duly advertised 7/1/99, and held on the intent of Ordinance 22, 1999 - Providing for Approval of an Amendment to the City's Code of Ordinances re: Automobile Dealerships, for Consideration of Second Reading and Adoption. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to approve Ordinance 22, 1999 upon Second Reading by title only. Vice Mayor Furtado seconded the motion. Motion carried by unanimous 5 -0 vote. The City Clerk read Ordinance 22, 1999 by title only on Second Reading. Ordinance 23, 1999 Mayor Russo declared the public hearing open, duly advertised 7/1/99, and held on the intent of Ordinance 23, 1999 - Providing for Approval of an Amendment to Ordinance 20, 1997, to Provide for Minor Changes in the Elevations and Floor Plan of Building A, B, abd C in the Christ Fellowship Church Planned Unit Development; Providing for Conditions of Approval, for Consideration of Second Reading and Adoption. Staff presented the petition. Comments were made by the Petitioner's attorney, Alan Ciklin. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to approve Ordinance 23, 1999 upon Second Reading by title only. Councilman Jablin seconded the motion. Motion carried by unanimous 5 -0 vote. The City Clerk read Ordinance 23, 1999 by title only on Second Reading. RESOLUTIONS Resolution 87, 1999 Staff presented Resolution 87, 1999 - Consideration of Approval of Concurrent Processing for PGA National DRI Notice of Proposed Change Application, an Amendment to the Planned Community District and Amendment to Site Plan within a PCD. Councilman Clark made a motion to approve Resolution 87, 1999. Councilman Jablin seconded the motion. Motion carried by unanimous 5 -0 vote CITY COUNCIL REGULAR MEETING, 7/15/99 9 1 Ordinance 30, 1999 Staff presented Ordinance 30, 1999 - Providing for Amendment to the Code of Ordinances by Amending Section 78 -2, Section 114 -4, Section 114 -9, Section 114 -36, Section 114 -42 and Section 114 -43 (Subdivisions). Councilman Clark made a motion to place Ordinance 30, 1999 on First Reading by title only. Councilman Jablin seconded the motion. Motion carried by unanimous 5 -0 vote. The City Clerk read Ordinance 30, 1999 by title only on First Reading. Ordinance 31, 1999 Staff presented Ordinance 31, 1999 - Providing for Amendment to the Code of Ordinances by Amending Section 118 -38, Section 118- 39, Section 118 -42, Section 118 -43, Section 118 -45, Section 118- 47, Section 118 -48, Section 118 -50, Section 118 -213, Section 118- 214, and Section 118 -473 (Development Review). Councilman Clark made a motion to place Ordinance 31, 1999 on First Reading by title only. Councilman Jablin seconded the motion. Motion carried by unanimous 5 -0 vote. The City Clerk read Ordinance 31, 1999 by title only, on First Reading. Ordinance 32, 1999 Staff presented Ordinance 32, 1999 - Providing for Annexation of .22 Acres of Land Located on the South Side of Idlewild Road, 1/4 Mile East of Prosperity Farms Road. Staff commented that this parcel was known as Marina Gardens or Soverel North. Councilman Clark made a motion to place Ordinance 32, 1999 on First Reading by title only. Councilman Jablin seconded the motion. Motion carried by unanimous 5 -0 vote. The City Clerk read Ordinance 32, 1999 by title only on First Reading. Ordinance 34, 1999 Staff presented Ordinance 34, 1999 - Providing for Amendment to Ordinance 30, 1990, which Approved a Conditional Use to Allow an Increase in the Maximum Occupancy at the Site known as "Christ Fellowship" and Amendment to the Approved use of the Residence Building to a Youth Center. Alan Ciklin, Attorney for the petitioner, provided the history for this request and expressed the petitioner's agreement with conditions of approval. Concern was expressed by City Council that concurrent use of the new and old facilities could occur. Attorney Ciklin explained that the City's parking requirement would be exceeded, commented on traffic issues, and stated all City Code requirements had been met. The CITY COUNCIL REGULAR MEETING, 7/15/99 10 septic tank issue was discussed and the City Engineer explained that this issue had not yet been resolved and would be worked out. Attorney Ciklin stated petitioner would work with staff to come up with an acceptable condition to assure adequate sewer capacity. Mayor Russo requested information as to when petitions with health and safety or other issues were or were not moved forward. Vice Mayor Furtado made a motion to place Ordinance 34, 1999 on First Reading by title only. Councilman Clark seconded the motion. Motion carried by 4-1 vote, with Councilman Jablin opposed. The City Clerk read Ordinance 34, 1999 by title only on First Reading. ITEMS & REPORTS BY MAYOR AND COUNCIL Issues & Priorities The City Attorney advised that everything possible was being done to obtain receipt of the Surety Bond from WCI, and that the bond was expected to be received the next day. It was the consensus of the City Council that if the Surety Bond was not received within the next three weeks then the moritorium should be extended. The City Engineer explained there were ongoing applications which had been caught in the moritorium process and halted, which were not a part of the WCI process; and that the WCI applications had been listed in the forbearance agreement in the order that they were to be processed. Mr. Lindahl explained that the some of the applications not associated with WCI should be processed first, which the County did not seem to understand. Discussion ensued. The City Council agreed that the scheduling of applications as listed by staff was appropriate. Mayor Russo commented he was very concerned about relaxing the traffic standards and getting more traffic as opposed to relaxing the standards and getting less traffic, and stated the City Engineer would have to be relied upon regarding this issue. The City Engineer explained that it did not make sense to impose extreme limitations when there were other answers, and that there were conferences recognizing this which would be working on solutions in the near future, and that the Intergovernmental Coordinating Council could also work on these types of issues. In reference to the Issues and Priorities report from the City Manager, Councilman Sabatello stated a report date was needed for item 9, and questioned Item 11, to which the City Manager responded the June 28 date shown should have been July 18. CITY COUNCIL REGULAR MEETING, 7/15/99 11 Councilman Sabatello questioned whether the language used in the. RFP listed in Item 12 had been changed, to which the City Manager responded that the language had been changed to make it better and that the City Attorney's office had provided input. Vice Mayor Furtado stated at the last meeting she had requested privatization be added to the Issues and Priorities List, to which the City Manager responded that would be added. The Vice Mayor also requested looking into getting a different grant writer for the City. The City Attorney reported that the possibility of establishing a foundation had been researched and a final report had been issued. Mayor Russo requested addition of either a foundation or fund- raising to the Issues and Priorities list. Vice Mayor Furtado asked that Principal Planner Steve Cramer be requested to obtain a copy of the Boca Tree Assessment, which could provide a revenue stream. BUDGET HEARINGS The dates of September 16 and September 30 were established for budget hearings. The Vice Mayor requested the that the fee structure for the City Engineer's services be provided before the budget hearings, and also requested discussion regarding some budget items before the budget hearings. August 25 was announced as the Town Meeting for residents and September 7 as the Neighborhood Task Force meeting. Mayor Russo requested a presentation regarding utility taxes, as a possible source of revenue. CITY ATTORNEY REPORT City Attorney Post reported on the Vavrus litigation, stating that as of her last report the City had been successful in their Code Enforcement action and Circuit Court action against Mr. Vavrus. Shortly after that Mr. Vavrus' attorneys had met with the City Attorney, City staff, and Vaysus ranch management personnel to seek settlement. A plan of how to move forward was formulated; however, Mr. Vavrus had not followed through on any of the items outlined and several days later had filed multiple appeals with the Florida District Court of Appeals as to the Code Enforcement action and Circuit Court ruling. The City Attorney advised that the injunctions to prevent further clearing remained in place. Councilman Sabatello asked what could be done regarding Freedom House, to which the City Attorney responded a Code CITY COUNCIL REGULAR MEETING, 7/15/99 12 Enforcement action had been filed for illegal use of a commercial operation in a residential district. In response to concerns regarding rumors of an ACLF on Holly Drive, the City Manager explained that the City had received no application for an ACLF on Holly Drive, and that ACLFs were allowed in residential neighborhoods and obtained licensing from the State and came to the City only for site plan issues. The City Manager explained that Freedom House was not an ACLF and described the purpose of an ACLF. The City Manager explained that the City would need to check to see if the State had issued a license, and that any site improvements were the responsibility of the owner and not the taxpayers. Mr. Rose, 4401 Holly Drive, expressed concern regarding the rumor of an ACLF on Holly Drive, and questioned another type of home regarding which the City Attorney stated she would provide a report to the City Council. Mayor Russo requested if the City received information that there was in fact an ACLF on Holly Drive that Mr. Rose be notified. The City Attorney reported that Code Enforcement had allowed Freedom House until September 30 to come into compliance. Mayor Russo asked for information regarding when applications could move forward and could not move forward, and indicated he did not want any applicant treated differently than any other. Councilman Sabatello commented that he was comfortable moving an application forward that had complicated drainage issues so long as the last sign-off was the City Engineer. The City Manager stated staff would prepare a report on all the issues for City Council. CITY COUNCIL, REGULAR MEETING, 7/15/99 13 ADJOURNMENT There being no further business to discuss, upon motion by Councilman Jablin, seconded by Councilman Clark, carried 5 -0, the meeting was adjourned at 11:30 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO CHAIRMAN PRO TEM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: LINDA KOSIER, CMC, CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL J3� Agenda Cover Memorandum Date: July 13, 1999 Meeting Date: August 5, 1999 Purchase of new fire engine. Subject/Agenda Item Staff recommends approval to purchase fire engine from Pierce Manufacturing, Inc. Recommendation/Motion: by "piggy backing" the Cedar Hammock Fire Control District Bid. Reviewed by: Originating Dept.: Costs: $ 270,189.00 Council Action: City Attorney Fire ( Total) [ ] Approved Finance $ [ ] Approved w/ Current FY conditions ACM [ ]Denied Advertised: Other Funding Source: [ ] Continued to: Date: ( ] General Fund Submitted by: Attachments: Peter T. Bergel Q paper: (x] Other Loan Staff Report [ x] Not Required Bid letters Department Director Affected parties [ ] Notified Budget Acct. #: 01 -1230 - 522.6410 Approved by: City Manager [ x] Not required [ ] None BACKGROUND: OFFICE OF THE FIRE CE3IEF INTER OFFICE MEMO DATE: July 13, 1999 TO: Bobbie Herakovich, City Manager FROM: Peter T. Bergel, Fire Chie RE: Awarding of Bid for New Fire Engine Background Fire Rescue's Capital Improvement Plan for 1999 /2000 includes the purchase of an engine to equip Fire Station Three upon opening. This engine is an addition to our fleet in order to maintain spare equipment in the event of breakdowns or scheduled maintenance. Staff believes that this purchase should be awarded no later than September 1, 1999 in order for delivery, setup and testing to be complete by October 2000 when Fire Station Three is scheduled to be operational Fire Rescue is proposing to tag onto a recent bid by Cedar Hammock Fire Control District dated March 2, 1999 for the purchase of this engine. Discussion Staff has evaluated the recent Cedar Hammock Bid (enclosed) and determined that this partic»lar engine will best meet the needs of our department at this time. This partic»l— bid with the exception of the cab of the vehicle, is laid out and constructed identically to two of our existing engines. Purchasing off of this bid will ensure that we continue to maintain standardization of equipment from station to station. The bid price for this piece of equipment is $274,569.00 and allows for a prepayment discount of $4,380.00 for payment of the chassis 60 days prior to delivery of the vehicle. The net cost would then be $270,189.00. This purchase would be made out of Account # 01- 1230 - 522.6410 and the funding source will be a loan. I have presented this information and process to Kent Olson and received his approval for this purchase. The delivery time for this vehicle is estimated to be 180 -240 days Recommendation Staff recommends award of bid for the purchase of a new fire engine to Pierce Manufacturing, Inc. by "piggy backing" off the Cedar Hammock Fire Control District Bid in the amount of $270,189.00 and authority to execute an agreement for same. enc. cc: file 7Z�XZF IN SERVICE TO SERVE YOU July 9, 1999 FIRE EQUIPMENT INC. Chief Peter Bergel City of Palm Beach Gardens . Fire Department 10500 N. Military Trail Palm Beach Gardens, FL 33410 Subject: Prepayment Options Dear Chief Bergel, We greatly appreciate your consideration of our proposal submitted July 7, 1999 for a Pierce Dash 2000 Pumper. The options selected were part of our original proposal to Cedar Hammock Fire Control District. The following prepayment plans are offered for your consideration: Option #1 100% Prepayment at time of order Contract amount Discount amount Due with contract $ 274,569.00 (12,222.00) $ 262,347.00 Option #2 Chassis Prepayment at time of order Contract amount $ 274,569.00 Prepayment amount (146,000.00) Discount amount (7,685.00) Balance on delivery $ 120,884.00 Options #3 Chassis Prepayment 90 days prior to delivery Contract amount. $ 274,569.00 Prepayment amount (146,000.00) Discount amount (4,380.00) Balance on delivery $ 124,189.00 2904 59th AVENUE DRIVE EAST • BRADENTON, FLORIDA 34203 (941) 756 -7779 • Long Distance Call: 1 -800- 228 -8368 • FAX: 1- 941- 756 -2598 July 9, 1999 Chief Peter Bergel City of Palm Beach Gardens Approximately 50% of all our customers take advantage of a prepayment plan. We are anticipating a 34% increase in prices prior to year end. By acting soon you will be purchasing a model year 2000 unit at 1999 prices. Please review these plans and give me a call if you have any questions. i cerely, ti ar Jones Ten -8 Fire Equipment Inc. Pierce ManhActuring Inc. ISO 9001 Quality Certified City of Palm Beach Gardens Fire Dept. 10500 North Military Trail Palm Beach Gardens, FL 33410 Jii 1 y 7 .19 99 PROPOSAL FOR FURNISHING FIRE APPARATUS The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce Manufacturing, Inc., at its home office in Appleton, Wisconsin, the apparatus and equipment herein named and for the following prices: One (1) Model Year 2000 Pierce Dash 2000 Custom $ 267,965.00 Pumper per Cedar Hammock Fire Control District Manatee County, FL Bid dated March 2, 1999 Option selected from bid: 1. Option #10 Raised Roof 10" 2. Option #16 Roll -up doors 3. Option #17 Full depth compartments. 4. Option #19 (5) additional roll -out trays .1,389.00 1,473.00 1,982.00 1,740.00 Total $ 274,569.00 Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached, delays due to strikes, war or international conflict, failures to obtain chassis, materials, or other causes beyond our preventing, 180 -210 calendar control not reventin within about aanaddng days after receipt of this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at Palm Beach Gardens, FL The specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regu- lations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by ustomer specifications. Any increased costs incurred by first party because of future changes in or additions to said OT or NFPA standards will be passed along to the customers as an addition to the price set forth above. Unless accepted within 30 days from date, the right is reserved to thdraw this roposition. P E MAN ACTURING, INC. By. SALES REPR ENTATIVE Mark J nes P7 CSDAR. 4,4MMOGC $1 D I Cedar Hammock Fire Control District and Southern Manatee Fire & Rescue District c/o 5200 26th. St. W. March 2 ,1999 PROPOSAL- FOR FURNISHING � FIRE APPARATUS Bradenton, Florida 34207 The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce Manufacturing, Inc., at its home office in Appleton, Wisconsin, the apparatus and equipment herein named and for the following prices: One (1) or more 1500 GPM Custom Re -scue /Pumpers $ 267.965.00 Discount for second like unit $ 5000.00 Additional Discounts: Pay Chassis Progress Payment approx. 90 days prior to delivery, deduct $ 4380.00. (Payment $ 146,000.00) Additional discounts are available for down payment at time of order. Amount is predicated upon amount of down.pa-yment designated by customer. Total $ 267, 965.00 Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached, delays due to strikes, war or international conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 6 -7 mos . - working- clays -after receipt of this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at Bradenton, Florida The specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regu- lations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer specifications. Any increased costs incurred by first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customers as an addition to the price set forth above. Unless accepted within 30 days from date, the right is reserved to withdraw this proposition. PCE MANUFFACTURING, INC. By- L SALES REPRAENTATIVE Donald J. Bouwer We Build Confdenc 1. Rockwell 24,000 pound rear axle S (986.00) (Subject to weight review) 2. Rear dsc brakes 396.00 (Available with 24,000 pound axle only) 3. Detroit 350 HP Series 50 with HD4060PR (3,802.00) 4. Rockwell 16,540 front axle (Subject to weight review) (966.00) 5. Detroit 320HP Series 50 with MD3060PR (9,167.00) 6. Cummins 320HP ISM with MD3060PR (6,145.00) 7. Detroit 330BP Series 40 with MD3060PR with Saber Cab (32,103.00) 8. Jacobs engine brake in place of transmission retarder (3,254.00) 9. Exhaust retarder - Available with option 6 only (2,169.00) 10. 10" Raised roof cab 1,389.00 11. Rear facing SCBA seats in place of FMS- cabinets in the cab (947.00) 12. 750 Gallon water tank (403.00) 13. Kussmaul 1000 battery charger with auto -eject 1,134.00 14. 500 Gallon water tank (1,273.00) 15. 152" Overall body length in place of 161" (1,352.00) 16. Roll-up doors 1,473.00 17. Full depth compartments- subject to engineering review 1,982.00 18. Additional shelves each 87.00 19. Additional roll -out trays each 348.00 20. Ladders stored below hose bed in place of hydraulic ladder rack (3,197.00) 21. Waterous CSLY 1500 GPM Single Stage Pump 0.00 22. Waterous CSY 1250 GPM Single Stage Pump (2,189.00) 23. Side panel controls in place of top mount (3,060.00) 24. (2) Crosslays in place of (3) speedlays (1,975.00) 25. Credit AMPS 6KW Generator, lights, receptacles (12,427.00) 26. Honda 5000 generator in place of AMPS 6 KW - (7,306.00) 27. Onan 7.5 diesel generator in place of AMPS 6 KW (2,196.00) 28. Federal Nightfighter lights each 1,154.00 29. Foam System, 95 GPM Eductor w /30 gallon tank 41187.00 All pricing quoted in this proposal is valid for a minimum of 30 days. Thereafter all pricing and options are subject to a maximum 3% price increase for the 1999 calendar year . Units purchased off this proposal may be purchased through lease purchase options including, standard lease purchase, walk-away leases, and trade -in leases. Pricing may also be extended to a multi-year contract based upon yearly increases of the.Producer Price Index. Commodity Code "Heavy Motor Trucks" 14- 11 -08 as it.has changed from the original implementation month of this contract to the most cnrreut.iudez available compoun_ d_ed on a yearly basis. Subject to acceptance by Pierce Manufacturing Inc. 30. Foam Pro single agent 3�outlet w /30 gallon tank 15,309.00 31 Foam Pro Dual Agent 3 -o � •- , ` ._ :.- .. .. -- , ._� : Ag ' _ outlet w /30 .gallon tanks � 17,208100 Mar -09 -99 09:44 CHFD & SMFD SOUTHERN MANATEE FIRE & RESCUE DISTRICT PURCHASE ORDER VENDOR: Pierce Manufacturinc, Inc. DATE: 3/9/99 ' • ►iYY!•i�l YY�u ti 4t: I�dY • ♦ l�iY •J: :I. , Q : � d• it 'y •n u•• •- '• !1 •• /i '1 �. Chassis ' •. :f if :1 ii --Discount-(146,000 •i !. • to Delivery) (Attach additional sheets if need XX Multiple Unit Discount of $2,500.00 Pendinc; Final Cost $261.085. Page 1____ of cn o � II I ca CIO CN Im = w D m = O U o -12 Z 3 cf) I L o 'OII ° a j LL c Q ° a O c m +-+ L ( f cn n cz c �— -�- co Z � Q LI 2I Q a" \ L w o ON aaj R W 0) E r-4 U > 3 0 o - aj �} L N C� L i ILL• O GI m q w a)I x 14 ��W-- G C.�' o a mL,ylw R R M U n 3 Z Z Z m d m in o a c s c 0 m � � n m m t- .a° R Q m m m Q u� Ica 9 m C. m Fo Q m CO a a. N N N l3 U cz U{ m U a` N J Lm C � � W U liJ � a L." CITY'OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 7/27/99 Subject/Agenda Item Window Treatment award Recommendation /Motion: Staff recommends awarding the window treatment proposal to M. Rahman Inc. Reviewed by: Originating Dept.: Costs: $ 10,175 Council Action: Total City Attorney Administration A [ J pproved, Finance Growth Management $ 25,000 [ J Approved w1condi8ons n Current FY ACM 7 Finance [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Paper: [ X] Other, Bond Proceeds Memorandum Submitted by: [X ] Not Required Kent R. Olson Dn J�IJ Finance Director Affected parties [ ] Notified Budget Acct. #: 23- 0900 - 519.3150 [ J None Approved by: City Manager [ X J Not required TO FROM SUBJECT DATE BACKGROUND MEMORANDUM Bobbie Herakovich, City Manager Kent R. Olson, Finance Director). Ko Window Treatment Proposals July 27, 1999 The new Municipal Complex will require window treatments for the new City Hall, Police Station and renovated Main Fire Station. The City advertised for proposals on April 16, 1999 and received one response on May 18, 1999. DISCUSSION The proposal submitted by M. Rahman Inc. was in the amount of $10,175 for the materials and installation of the blinds. The City's interior design consultant, Susan Bardin of Peacock and Lewis, has confirmed the proposal meets the City's specifications which she prepared. RECOMMENDATION Staff recommends the City accept the proposal from M. Rahman Inc. in the amount of $10,175 for the materials and installation of the window treatment for the City Hall, Police Station and Main Fire Station and that the Mayor be authorized to execute an agreement with same. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date preparecP /28/99 Meeting date Subject/Agenda Item Awarding of the Annual City Auction Recommendation /Motion: Karlin Daniel & Associates be awarded the bid for the annual auction. t Reviewed by: Originating Dept: Costs: $. NA Council Action: City Attorney Total [ ] Approved Finance KkO $ NA [ ] Approved Wiconamau Current FY ACM � [ ]Denied Human Res. Advertised: yes Funding Source: [ ] Continued to:_ Other Date: Paper. Yes Submitted by: V? [ ] Not Required Duepartimenf bi�ec or Affected parties Approved by: [ xJ Notified City Manager [ ] Not required BACKGROUND: [ ] Operating [ ] Other Budget Acct #:: Attachments: 1 Proposal Copy of bid recommendation and evaluation [ ] None Telephone- 775 -8274 City of Palm Beach Gardens Public Works Department MEMORANDUM To: Richard Diamond, Assistant City Manager From: Bob Patty, Director of Public Works Subject: Proposal Review for Annual Auction Date: July 29, 1999 Fax- 775 -8279 An Evaluation Committee was formed to evaluate the RFP applicants for the Annual City Auction. The Committee members were Dick Holiday, Hal Beard and Bob Patty. Each committee member reviewed the two (2) proposals with respect to the bid price, support services, staffing and qualifications. I have attached the memo sent to me from Hal and Dick addressing their findings. Karlin Daniel & Associates and Jim Graham Co. were the two bids received for the auction. The following are the findings from that committee: 1. Both bids were -for 10% of buyer's premium. 2. Jim Graham Co. will require two paid (2) City employees with first hand knowledge of all vehicles from the Vehicle Maintenance Division to be present at the auction. Karlin Daniel does not have that requirement. 3. The RFP requested a financial statement to protect the City's interest, which Karlin Daniel. & Associates complied with but, Jim Graham Co. did not. 4. The City has had an excellent working relationship in the past with Karlin Daniel & Associates. They have always proven to be very professional in handling the auction. Recommendation: At this time, the Public Works Department is requesting council to consider a motion to award to Karlin Daniel & Associates the Annual City Auction for 1999. The Auction date will be September 11, 1999 or later, depending on the advertising schedule of the auction company. Should you have any questions regarding this recommendation, please contact me. I will make myself available for the next Council meeting to answer any questions. Cc: Bobbie Herakovich Hal Beard Dick Holiday Holly Luzader File Telephone- 775 -8274 City of Palm Beach Gardens Fax- 775 -8279 Public Works Department MEMORANDUM To: Bob Patty, Director of Public Works From: Hal Beard, Asst. Director Public Work Dick Holiday, Special Projects Coordinator Subject: Proposal Review for Annual Auction Date: July 29, 1999 As per your request, the following is a summary of findings from Dick Holiday and Hal Beard. Karlin Daniel & Associates and Jim Gram Co. were the two bids received and reviewed. Both bids for the Annual City Auction were approximately the same but; for the following reasons we recommend that Karlin Daniel & Associates be awarded the bid: 1. Jim Graham Co. will require two paid (2) City Employees with first hand knowledge of all vehicles from the Vehicle Maintenance Division to be present at the auction. Karlin Daniel does not have that requirement. 2. RFP requested a financial statement to protect the City's financial interest, which Karlin Danial & Associates provided and Jim Graham Co. did not. 3. The City has had an excellent working relationship in the past with Karlin Daniel & Associates. They have always proven to be very professional in handling our auctions. Cc: File i CAI Jim Graham Auction Company 561- 841 -7181 745 US 1, Suite 101, North Palm Beach FL 33408 July 20, 1999 Mr. Bob Patty, Director of Public Works The City of Palm Beach Gardens 3704 Burns Road Palm Beach Gardens, FL 33410 RE: RFP for Facilitate Annual City Auction Dear Mr. Patty: Letter of Transmittal Thank you for the invitation to bid. Jim Graham Auction Company is a full service auction com- pany licensed, insured and bonded to do business in the State of Florida. As you know, a City auction can be highly reflective of the City's image. There's a wide differ- ence in auction companies, their statewide reputation, the treatment to all bidders, the smoothness of the auction, and the NET CASH GENERATED! This difference can amount to thousands of dollars! Further, all Auctioneers - and auction companies - are not equal in criti- cal. No one can NET Palm Beach Gardens what we can! Even if they conduct the auction for you at no charge! It's widely known that: it's not what an Auctioneer charges, it's the net residual he generates that counts. We have, herein, reflected some of our credentials for your strict review. Jim Graham Auction Company, Inc., has conducted auctions for governmental agencies, Banks, The United States Bankruptcy Court Attorneys, Trustees, Personal Representatives, Private businesses and individuals for the past 44 years. Our auctioneers have a combined experience of over 100 years experience conducting auctions disposing of motor vehicles, heavy construction equipment, agricultural machinery, industrial equipment, yachts, boats, submarines, aircraft, medical, industrial, retail, and commercial inventories. Plus commercial and residential real estate of all types. We invite your strictest scrutiny of our company, through your attorneys or elsewhere. You'll find that we are clean and courteous, irreproachably above board and really know the business. And. . NET our sellers more than anyone else can. Please inquire widely! Jim Graham Auction Company has a superior mailing list for Florida and unequaled marketing expertise! Our in -house mailing list of over 200,000 names is specifically categorized including "key" active buyers for equipment, autos, trucks and vans, motorcycles, office furniture and "Thousands of Followers Nationwide for 44 years. Page two equipment, computers, jewelry and surplus. This list is purged daily to assure effectiveness. We also access a huge database of 55,000,000 businesses and residences, when needed, to target market specific buyers locally and nationwide. We would anticipate a mailing of 1,500 - 3,000 pieces for you, depending on the inventory schedule. We have a professionally designed web site to offer prospective bidders up to date information on all upcoming auctions. We also offer "Fax on demand" for those bidders not "on line" but have access to a fax machine. In addition we have a voice mail system that allows callers to get information during off hours. All three allow 24 hour, 7 days a week access to your auc- tion information. Of significant Seller benefit: We run calendar ads almost weekly in which all auction ads can be included. These group ads are economical and highly effective! Further, it should be factored in .. that we have contracts with many Florida papers and get discounts. These discounts benefit our Sellers. Outside Auctioneers cannot offer this! Jim Graham's advertising delivers "significantly more mileage!" The "Buyer's Bidding Terms" .. that we give to each bidder, are totally exclusive with our com- pany and are in both english and Spanish. (This accommodates the large Spanish speaking community in Florida) . They are re- written, strengthened, and individualized for each auction! Ours are extremely clear, comprehensive, court proven, and highly protective of our Sellers. Seller's attorneys admire them. (Just a simple error, or inadvertent omission in these terms could cause the Seller a huge problem. Through 43 years of tough experience (and mis- takes) we have them "almost" air - tight. _{ We never buy at our own auctions, nor do we "participate" with bidders in the audience. And, we don't bring our own items to "blend in" and sell .. at our client's expense. (It is wide- ly known that many. Auctioneers do.) We proclaim, further, that any matters which may have been inadvertently left unaddressed in this bid, that our company well qualifies in all pertinent matters as recited in your invitation and that we will comply with all dictates of it. Additionally, we declare that the response to this RFP was prepared without collusion with any other person or entity submitting a response pursuant to _this solicitation. Jim Graham Auction Company has conducted thousands of auctions and has a proven and successful history for integrity and results! We are a professional. company with a strong statewide and national reputation .. and, have unequaled marketing expertise Thank you. 1 Proposal: Facilitate Annual City Auction City of Palm Beach Gardens July 20, 1999 Proof of Licensing: See attached References: See Attached Fees to be paid by the City: The City will pay no fees. Fees to be paid by purchaser-: 10% Buyers Premium & State of Florida Sales tax: The department of Revenue mandates that sales tax be collected on all sales. We will collect and remit all sales tax to the Department of Revenue. Services of Auctioneer Coordination of the Auction: Set -up, Inspection, Registration, Clerking, Cashiering, Title Transfer, Check -out, Recording the Auction The Jim Graham Auction Company will coordinate, set -up, tag and list all auction items for sale order. At this time we will determine the sale order emphasizing sale of the higher priced items to maximize sale prices. Items will be pre - entered into our computer so that a sale catalog can be generat- ed for all prospective bidders. Normal Inspection times for an auction of this size would be from 7:30AM - 9AM the morning of the auction. Additional days and times of inspection can be added at the Districts request. The Jim Graham Auction Company shall supply a full staff of Auctioneers, Ring People, Registrars, Clerks, Cashiers, Notary and Title Clerk, and check out staff to properly handle a municipal auction of this size. Every bidder will be required to register and obtain a bidders number in order to bid. This registration by our staff ensures all bidders are given a copy of the terms and conditions of the Auction (in both English and Spanish) See Attached Exhibit - to ensure all bidders understand the terms of the auction. Our Auction Computer System: Zeos and NEC lap top computers, linked to allow two computer operators to enter information simultaneously, equipped with the auction industry's state of the art Maxa Auction program. During the auction our program allows one operator to continue to register bidders while another operator can print invoices for bidders wanting to cash out. Each computer is equipped with it's own printer and battery back up. Computerized Accounting: The computer program prints both taxable and non - taxable duplicate NCR invoices (resale certificate prints at the bottom of this invoice for bidder's signa- ture). This program has the capability to enter a variety of tax rates and /or premiums to be charged as well as customization for an entity's particular require- ments for departmentalizing items. This will allow for up to 5 lines of information per item including, departments, asset numbers, vin numbers, serial numbers and for the police department case numbers' ust to name a few. All of these reports can be reviewed at anytime during the auction and a un audit- ed final copy will be furnished at the conclusion of the auction. Final reports and auction proceeds will be delivered to the City within three business days after the auction. All reports can be reproduced in any quantity desired by the City. The clerk records all item numbers, description, sale price and bidder numbers. The clerk sheets are then turned into our Computer Operators and assistants who enter information from the clerk sheets which are brought to them after every twelve items. Each clerk sheet is added and verified to the computer sale total. The successful bidders names and addresses are entered on a continual basis. . The cashiers, and title work staff, assist the bidder's who are ready to pay and leave. Bidder's can pay for - and pick up their items - anytime during the auction as. soon as the last item they purchased is entered from the last clerk sheet. The cashier retains a copy of the invoice and the bidder gets a copy .. which he must present to a check -out person for verification. The Jim Graham Auction Company will prepare bills of sale for each individual titled or registered piece being sold. On the Day of the auction and the Monday following the auction we will provide staff members will full knowledge of title transfer and a Notary Public. Every Item shall be paid in full by either cash or cashiers check prior to removal. Note: The Jim Graham Auction Company has retained the services of Loomis Fargo to carry the auction proceeds form the auction site to the bank for added safety and security. All auction events from the opening announcements through the last item sold will be tape recorded. We carry three portable PA's that can be linked in many configurations to accom- modate any auction site for maximum coverage. We will also arrange for a professional auction concessionaire to be on site 1 hr prior to the auction and will stay until the auctions conclusion. Auction Staff Auctioneer: Jim Graham, Auctioneer Jim Graham has been successful in the auction business for 44 years. He is rec- ognized nationally as one of the nation's most powerful Auctioneers! He has co ductd thousands of auctions - some of the country's largest - and is now an approved RTC and U.S. Government Auctioneer. He previously owned a National Auction School and taught Professional Auctioneering to men and women throughout the world. He's a past State President of the Florida Auctioneer's Association, a past State President of the Florida CCIM Chapter, past State Chairman of the Florida Association of. Realtors Speaker's Bureau, and past President of the Northern Palm Beach County Board of Realtors. Charities have been important to him. Every year he raises hundreds of thou- sands of dollars for Palm Beach County charities through free auction service and professional market counseling to assure the good success of fund - raising pro- grams. Auctioneer: Carlene McGlone, Auctioneer Carlene McGlone has been successful in the auction business for 19 years. She is recognized nationally as one of the states finest Auctioneers! She owned Florida Auctioneers and has conducted hundreds of auctions. Her experience and professionalism is a.huge asset to the company. Project Manager: Peggy Berkoff, CEO 15 years auction experience, coordinates each auction. She arranges the inven- tory list, tagging, facility requirements such as tents, electric, etc. She schedules and assigns all help needed, coordinates target marketing as per that specific auction's inventory, coordinates meetings with the auctioneer and the districts auction personnel, supervises all activity on auction day including collection of funds, title work, checking out items, and all other prior to, during and subsequent to the auction. Notary. Our support staff has been with the company for many years. They are a team of professionals who have the experience of hundreds of auctions working together to make every auction successful. The following is a permanent crew roster of indi- viduals working for Jim Graham Auction Company, Inc. Shirley Graham, Assistant Auctioneer /Ringman, Clerk, registration: 43 years auc- tion experience. Bill Graham, Assistant Auctioneer /Ringman, Clerk, registration: 17 years auction experience. Jill Pariseau, Ringman, Clerk, registration, Cashier, Title Transfer: 25 years auction experience. Amy Cavender, Computer operator, registration, Title Transfer: 13 years experi- ence Carla Watson: Head Cashier, Money verification, Computer operator, registration, Title Transfer, Notary, 9 years auction experience, Assistant Branch Manager, First Bank of Florida Sharon Sadler: Ringman, Clerk, Cashier, Money verification, registration, Title Transfer, Notary, 3 years auction experience, Assistant Branch Manager, First Bank of Florida. Mari Phillips: Cashier, registration, Title Transfer, Notary, 5 years auction experi- ence. Kent Phillips: Cashier, registration, Title Transfer, Notary, 6 years auction experi- ence. David Blakney: Ring man, Cashier, registration, Title Transfer, 5 years auction experience. Michael Berkoff: Cashier, registration, Title Transfer, 8 years auction experience. We have additional professional individuals, on call, who work in every auction related capacity as needed, including an attorney. We are never short of profes- sional staff. City Staff The only staff needed would be 2 staff members from the Fleet Department who has first hand knowledge of all vehicles and rolling stock to be sold. They can start vehicles and assist in getting "problem" vehicles started. Budget and advertising plan See attached Financial Statement. Jim Graham Auction Company, Inc. is a privately held company and does not submit financial statements because it is proprietary information and in accor- dance with Florida State Statute, is not subject to public inspection. Our past and present auction calender will demonstrate. the financial stability of Jim Graham Auction Company, Inc. The City should require. a letter of our finan- cial stability, this can be acquired form our accountant. Payment of Auction Proceeds The Jim Graham Auction Company will present the District with an itemized com- puter generated list of items sold, sale amount and winning bidder at the immediate conclusion of the auction. Final reports and auction proceeds for the total sales minus the agreed upon Auctioneer Fees and Authorized out of pocket expenses will be delivered to the City within three business days after the auction. All reports can be reproduced in any quantity desired by the City. . Auction Fee Jim Graham Auction Company, Inc., proposes to charge the Buyer a 10% buyer's premium and pay all expenses of the auction. We have found that buyers bid the same whether they are paying this or not. So, obviously our procedure is better for the Seller. since the expenses are considerably less than a commission. Additional Information Auction Date: The Jim Graham Auction Company currently has the following auc- tions scheduled for the month of August: Aug 6 - Palm Beach County School District Aug 14 - Solid Waste Authority Aug 21- The Town of Palm Beach Aug 28 - Palm Beach County & Palm Beach County Sheriffs Office September 11 - City of Atlantis September 18 - City of Royal Palm Beach Samples of computer reports are available upon request. Web site address: WWW.jimgrahamauction.com E -mail address: peggy @pb.quik.com ��Seriaus [�i1111a5:1�U[�lJ .:::...:... Not equal in. . • the Net Cash one Auctioneer can generate over another • their Marketing expertise and advertising benefits to client • Auctioneer's integrity in putting Seller's interests over any "special buyer friends" the public Image of the Setter remaining after the auction • his earned reputation and established public trust • his ability to attract the "right" buyers • his court establishment as an expert witness, if needed • is dedication to detail • his settlement procedures • he and his staff's complete. professionalism • his crucial "grey" in -office computer mailing lists • his "proven_ "critical auction terms and conditions which widely protect the Seller An ex_ ecutive's judgement is never questioned when he hires nationally known Jim Graham! Auction Project Management Dian (August 21 st Auction Date) Week of July 26th 1. Meet, with representatives of Palm Beach Gardens to receive & review auction inventory. Review site location and discuss preliminary auction layout. 2. Photograph vehicles, motorcycles, heavy equipment, high value or unique items for the brochure (if necessary). 3..Make listing or receive auction inventory. 4. Imput inventory into office computers to generate, brochures, ads, web site list- ing and fax on demand brochure. 5. Fax information to all national auction publications for free listings in their papers. Week of August 2nd 1. Pick up printed brochures and deliver copies to the City for internal distribution and public distribution at City Hall. 2. Place street signs in strategic locations. Suggested sites for high visibility: cor- ner of A1A and Burns Road & corner of Military Trail and Burns Road. 3. Hang on site banner and post mailbox for additional brochure distribution. Note: We are located only approximately 5 miles from the auction site and can refill as often as needed. 4. Start advertising campaign. Send camera ready copy to all papers and trade magazines. 5. Mail public service announcements to all newspapers, radio and TV stations including all cable companies. Week of August 9th 1. Mail out all brochures. 2. Meet with city representatives to review site plan and answer any questions. 3. Print flyers to pass out at August 3rd Palm Beach. County School District Auction. Week of August 16th 1. A Jim Graham Auction Company representative will arrive 1 to 3 days prior to the auction to lot tag and list inventory. 2. Pre - enter all tagged items into auction computer. 3. Accept and review all titles and emission certificates. Verify vin numbers on titles and vehicles to make sure they match. Auction Day 1. Remote call forward all office phone lines to on site cellular phones. This enables staff to answer any, questions, give directions, Etc.. 2. Arrive at auction site place directional signs in strategic locations. Set up regis- tration and cashier stations. 3. Assist (if necessary) concessionaire in getting set up. 4. Registration begins at 8:OOAM. 5. Auction starts at 9:00AM sharp! 6. Jim Graham Auction Company staff remains on site until items are picked up and site is cleaned. 7. Preliminary auction computer reports are turned over to City representatives. Monday following auction 1.. Jim Graham Auction Company staff returns for check exchange and additional check out. Wednesday following auction 1. Turn over Auction proceeds and final reports to City. Please note: Jim Graham Auction Company offices are located approximately 5 miles. forn the city auction site. Staff is able at very short notice to stop by at auc- tion site any time. Clay of Palm Beach Gardens Propo*sp-ed Aucl3on Budget July 20, 1999 Palm Beach Post Display Ads Classified: Auction, Misc Vehicles, Heavy Equipment Boca /Delray News Display Classified: Auction, Misc Vehicles, Heavy Equipment Miami Herald Classified: Auction, Misc Vehicles, Heavy Equipment Stuart/Jupiter News Classified: Auction, Misc Vehicles, Heavy Equipment Okeechobee News Belle Glade News Imokolee Bulletin Clewiston News Frost Proof News Caloosa Belle News We will also advertise in national trade publications as needed: Equipment Trader, Auto Trader, Truck Trader, Bargain Trader National Auction Bulletin Contractor's Hot line Rock and Dirt Public Service Announcements, 69 mailed to radio, newspaper and TV sta- tions . Brochures: typesetting, layout and printing, individual mailings Professionally typeset Web brochure Postage: Bulk mailing, Professionally typeset Fax on Demand Brochure. Special printing: Terms and Conditions , Bills of Sale, Release of Liability Forms, flyers to pass out at prior auctions Auctioneers Assistants day of auction: Clerks, Cashiers, registration, ring people, check out, Ttle transfer and notary service. Monday following auction: Check exchange, check out, Title transfer and notary service The exact costs for advertising, promoting and staffing the auction cannot be determined until and Inventory is received by the auction company. The cost for these services will be borne by Jim Graham Auction Company The final advertising budget will be presented to the City prior to initiation of the cam- paign for approval. Documentation of advertising and staffing costs are available to the City for audit purposes. i. a".4 �r�r`��r%Mt Does the Auctioneer you are planning to hire have Does he Buy and Sell equipment as a p­art of his regular, daily business? If so, wouldn't this mean a conflict of interest" if he had "friends" in' the audience who were quietly buying for him? Could he be "knocking-off" items too., cheap to these "friends?" Wouldn't it mean that,4hat Auctioneer-, wouldn't want . a big crowd which would drive prices Isn't it clear that the business of Buying and e i q and Auctioneerinq are totally diverse? An Auc obeer who buys.. :V and sells can cost a Seller several thousand dollars? References o Auct�orrs coed e -< t V Ue tai fyy _.�% Gral��m :A ucon co. .` x Palm Beach County Sheriffs Office \t'City of- Hallandale Lisette Alfonso, Dir of Purchasm g Art Andrews, pir of Purchasing 3 3228 Gun Club Rd 644 NW 2nd St, ,Hallan.'dale, FL 33009 West Palm Beach, FL 33406 57-10 954 -463 1 561 =688 3032 So FL Water Management Distnct } Palm Beach County School Distnct ' Mr, Moms:Sewell 'Property.Manager Joe.ReedAsst Dir,of Transportation'' 3301 Gun'Glub Rd 3376 Summit Blvd k , West Palrn Bch, FL 33406 r West Palm Beach, FL 33406 i ' 561 686 8800 561 6'-8­8­'--'-7'5i'; 03 f Y ` i ` J t M `' .• i iii , ! yJ 5 _ City of 1- lollywood ',i Ot B each County; " " x T c J si r Y s John Weyrauch Director of Purchasing t t rArt Hackney, Director of Fixed Assets t ' 0 Hollyw ' ~{ 301 ;N Olive Ave ` ' , 26Q . E U�. ood Blvd Room 303 ' Hollywood FL 33020' *1 ; West Palm Beach, FL 33401 ` y 954;921.3299 s ' , ' L 355 7 8400 'L ` ! City of Cocoa" Town of Palm Beach' Hank Rowan., Purchasing Manager ; 95 s P :Charles 13o Director of urchasing 155 N Wlso :n Ave;, Cocoa, FL X2922 951 Old Okeechobee Rd •Ste:,D 467 -639, 7542 West Palm Beach, FL 33480 f A t .561 835 -4678 City fo Ft Pierce Tony Bames'Director of Purchasing City.of Delray MR US 1 Jackie Roone Sr Bu er X . Y Ft- Pierce, FL 34954 x 1U0 NW 1 st Aye 200 561.460 pelray Beach, FL 33444 ' r .. :.: < t s village of Palm Spnngs T ke Worth , , ; Bill L'eas:ure, Public Service Director } Tom Anderson :Supervisor of Purchasing 226 cypress. Lane:;. =rv, f 900 -2n ' 1 d Ave N.;,Lake Worth, FL 33461 � `Palm Spnngs; fL 33461• r ,569 X5 86 1676 , X407 9 26 s , t M.. '.~ y. ucti �„ .±y �,.5 .�,t -!,5 , _ r♦{ -r•� , Y`� -♦r - -71t -i:rtr J r � ' . - r r q e Rellford, pir of Purchasing: � City of Coca Bea "� Y R •2391 Ave L i�wera .BeacFa` FL'�334 x �, . ; � - ....... _ -.._ _ `. ,.•+ - ,, .... _., u_cf19(ie+S'Hrnllanri t, Pi rnFh��.r;.:'; /,..:4.ar _.... '.:.. 04: s PROPOSAL FORM In completing the information- questions below, if additional space is needed, attachments to this form are acceptable. ( ) Individual . ( ) Partnership ( X ) Corporation ( ) Other (Specify) Name of Organization 1iM QV-l- AAA AUCTION COMPANY (Or Individual) Address 7'r+5 \)S 1 S V 1 Tt:- j 01 City t4. PA L w1 State F L. Telephone Number Jr� i -' S L4 f Tax I.D. # Business Address -74 S U S{ ST E 10 1 City 1 J PALM i .SIP-AC 4 State -P LCD tZA DA Zip Code 33 4 O ej Organized Date 1 a Ss Proposer's Representative. PE(261 (5FiV,1!f0FF Title GEp Proposed Total Fee to Provide Requested Services t j E PRICES SET FORTH ABOVE ARE FIRM PROPOSALS AND ARE NOT SUBJECT TO PRICE ADJUSTMENT EXCEPT AS DEFINED IN THE GENERAL AND TECHNICAL SPECIFICATIONS. ATTEST: 1A V - V Sign e ?fi�/, Title Date 7 (Corporate Seal) PROPOSER: n Sigfratv V t - 0 Title Date i • APPENDIX A DRUGFREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that JIM GV-A 4A w1 A V GT' Iot J 6t, , doe does not (circle appropriate response): (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the danger of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling. . cation . The ViLLAGE of NQfT1 PALM BEACH i , Occupational Subject b sueDer!sion or revocation in accoroagce with YiUage Ordkanceaand Florida State Statytes NOT TRANSFERAQ,LE t Occupational `Clasifieation -- Village,of North Palm Beach { - j t Department.ofPublic.Services i.:' �:IiI•`i i t�F.`f•`�•`I �l:i►f/€ �N �'t! �`i+� ` : i 1 �- ; S - S i 645 Prosperity Farms Rd 2 ` € North Palm, Beach, FL-,-. r . ,. t • I t , I - , ti • ti �{ Sj R - ` =GRAHAM: JIM-.. AUCTION .: CQM#'ANY _ € i t LicenselReg Year, Fee +' s 7,45 U S RIGHWAY< 7 ; 4107, l ; NORTH - PALM BEACH, : FL € _': 33408 :.Licensee /Registrant -, 211 09/23/98 Registration Effective Date 09/05/96 This Certifies That Florida Department of Revenue Certificate of Registration Issued Pursuant to Chapter 212, Florida Statutes Opening Date 09/01/96 JIM GRAHAM AUCTION COMPANY 74,9 US HIGHWAY 1 STE 101 NORTH PALM BEACH FL 33408 -9999 Is Hereby Authorized and Empowered to Collect Sales and Use Taxes For The State of Florida. Certificate 60- 23 -,11 THIS CERTIFICATE MUST BE POSTED IN A CONSPI4 This Certificate is DR -11 Non - transferable. R. 12/97 To This Number i:Ret>ortina Tax. P R O F E S S I [J N A L. (M I S C) STATE OF FLORIDA cLASSIFCAnorr PALM BEACH COUNTY OP -035 COUNTY OCCUPATIONAL LICENSE 1995-18999 • dub, AMEL JIM GRAHAM AU N *L Ep° GRAHAM JIM a W CNTY $30. BERKOFF PEGGY E 745 US ONE ,, NORTH.PALM_;EACH.FL 33408 TOTAL $30. THIS IS NOT A BILL - DO NOT PAY r PAID. P8C TAX COLLECTOR CK .AUaQQO Q(� $30.00 OCC 49 36846 09-30 -98 4r�i1. JOHN K. CLARK, CFC THIS LICENSE VALID ONLY WHEN RECEIPTED BY TAX COLLECTOR TAX COLLECTOR, PALM BEACH COUNTY LICENSE MUST BE DISPLAYED CONSPICUOUSLY AT ESTABLISHMENT OR PLACE OF BUSINI AUCTION HOUSE STATE OF FLORIDA cvssiFrAnON PALM BEACH COUNTY OA-022 COUNTY OCCUPATIONAL LICENSE 1998 - 1.8994 - JIM GRAHAM AUC *L Ep BERKOFF PEGGY. CNTY $301-t 745 US ONE "I __99 NORTH:PALM.BEA P JOHN K. CLARK, CFC TAX COLLECTOR, PALM BEACH COUNTY TOTAL %30.1 THIS ISNOTABILL - DO NOT PAY PAID, PBC TAX COLLECTOR CK $30.00 OCC 49 36845.09 -30 -98 THIS LICENSE VALID ONLY WHEN RECEIPTED BY TAX COLLECTOR LICENSE MUST BE DISPLAYED CONSPICUOUSLY AT ESTABLISHMENT OR PLACE OF BUSINE: Karlin Daniel & Associates, Inc. Licensed Real Estate Brokers Transmittal Letter July 19, 1999 City of Palm Beach Gardens Office of the City Clerk 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Subject: Invitation to Propose for Annual City Auction Dear Selection Committee Members: Thank you for inviting Karlin Daniel & Associates, Inc. to submit this proposal for Auction Services. KD &A is a full service auction company licensed and authorized to do business in the State of Florida. Karlin Daniel & Associates has extensive experience with governmental resource recovery projects. In accordance with the terms and conditions of this Invitation to Propose, hereby offers these services to the City of Palm Beach Gardens and any other governmental entity within the State of Florida, for a period of one year from the date of award by the City. Karlin Daniel & Associates, Inc. will consider extending these services for two additional one -year terms of contract under the same terms, conditions and compensation upon request by the City of Palm Beach Gardens. Karlin Daniel & Associates, Inc., has recruited a full time staff of eight professional auctioneers whom only market and conduct auctions. Our professional staff as well as our support personnel are dedicated to Karlin Daniel's business philosophy which is to provide the most professional auctions in order to maximize sale revenue. Karlin Daniel & Associates, Inc., is aware of the special requirements of governmental entities to maintain an audit trail for all surplus capital equipment to assure that the taxpayer is served in the most cost effective manner. We also understand that governmental agencies typically work with limited storage facilities and a major concern is simply moving surplus items off the entity's site. KD &A has the experience to recommend the most cost effective means of reaching both these goals expeditiously and with the least amount of resource expenditure. (561) 220 -2557 • Facsimile (561) 220 -2544 • 1- 800 -329 -0036 Karlin K. Daniel, C.A.I., Principal Auctioneer • FL AB878AU1207 50 SE Kindred Street • Suite 103 • Stuart, Florida 34994 http: / /www.KarlinDaniel.com Karlin Daniel & Associates, Inc., and its governmental representative are located approximately 40 miles from the City of Palm Beach Gardens. This proximity, along with our toll -free telephone number and Internet/E -mail access, we will be able to address any special needs that the City may have. Karlin Daniel & Associates, Inc., financial stability is of the highest quality. Combining real estate auctions and personal property auctions, KD &A has generated more than nine million dollars for our customers thus far this calendar year. We conduct from 150 to 180 auctions per year. We have conducted personal property auction sales for estates, as well as surplus property sales for private businesses and governmental entities. Mr. Daniel has conducted auction sales disposing of complete factories, industrial equipment, inventories of majof wholesale suppliers, retail inventories, medical facilities, motor vehicles, water craft, construction equipment and agricultural machinery. Our credit rating and reputation within the auction industry are of the highest order. This proposal is submitted without collusion with any other person or entity submitting a proposal pursuant to this Invitation to propose. We look forward to discussing your auction and this proposal with you in detail. Should you require further information or if we might be of any assistance, do not hesitate to contact me at our office in Stuart, Florida. Sincerely, KARLIN DANIEL & ASSOCIATES, INC. Robert K. Smith Auctioneer /Senior Associate RKS/hwd Enclosure s- %wodanitM0g1"%trdo REQUEST FOR PROPOSAL TO FACILITATE ANNUAL CITY AUCTION City of Palm Beach Gardens 10500 N. Nfilitary Trail Palm Beach Gardens, Florida 33410 June,1999 CITY OF PALM BEACH GARDENS, FLORIDA 10500 N. MYETTARY TRAYL PALM BEACH GARDENS, FLORIDA 33410 INVITATION TO PROPOSE PROPOSAL NAME: Facilitate Annual City Auction The City of Palm Beach Gardens is soliciting proposals to facilitate the City of Palm Beach Gardens Annual Auction which will be held on August 21,1999. Proposals shall be sealed and plainly marked on the outside of the envelope: Facilitate Annual City Auction. Proposals must be received on or before July 20,1999 at 2 p. m. local time, at the office of the City Clerk, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m, to 4:30 p.m., Monday through Friday, except holidays. Any proposal received after the specified time will not be considered. All proposals will be opened in the City Council Chambers at 2 p.m. on July 20, 1999. All proposals not submitted on the required forms will be subject to rejection. Forms are available in the City Clerk's office during normal_ City business hours. Proposals must be signed in ink in the space(s) provided on the Proposal Form(s). The proposals shall include all information requested on the form(s). It is agreed by the Proposer that the signing and delivery of the Proposal represents the Proposer's - acceptance of the terms and conditions of the Specifications. The City of Palm Beach Gardens reserves the right to reject any or all proposals, in whole or in part, with or without cause, to waive any informalities and technicalities, and to award the Contract on such coverage and terms it deems will best serve the interest of the City. Criteria utilized bythe,City of Palm Beach Gardens for determining the most responsible proposer includes, but is not limited to, cost, whether the bidder meets the City of Palm Beach Gardens published Specifications, the Proposer's experience, skill; ability, business judgement, financial capacity, integrity, previous performance, reputation, promptness, and any other factor which could reasonably be asserted as being relevant to successful perform- nnce. Any questions regarding the RFP Specifications and process should be directed to Bob Patty, Director of Public Works 3704 Burns Road Palm Beach Gardens, Florida 33410 (561) 775 -8274 1 INSTRUCTIONS TO PROPOSERS SPECIFICATIONS All sections of the City's Specifications and all supplementary documents are essential parts of the City's contract and requirements occurring in one area are deemed as though occurring in all. BOND REQUIREMENTS Bond requirements, if any, are detailed in the City's Specifications. PREPARATION OF PROPOSALS Proposals shall be submitted in triplicate on the prescribed form provided in the Specifications. All copies must be plainly marked by the Proposer who will be responsible for their correctness. All blank spaces must be filled in as noted in ink or type. Proposals having erasures or corrections must be initialed in ink by the Proposer. Only one proposal form from any individual firm, corporation, organization or agency under the same or different name shall be considered. Should it appear to the City that any Proposer is interested in more than one proposal, all proposals in which such Proposer has interest will be rejected. Any deviation from the Specifications must be explained in detail; otherwise, it will be considered that the proposal is in strict compliance with the Specifications and the successful Proposer will be held responsible for meeting the Specifications. Any exceptions or clarifications to any section of the Specifications shall be clearly indicated on a separate sheet (s) attached to the Proposal Form and shall specifically refer to the applicable specification paragraph and page. A Proposer is expected to fully inform himself as to the requirements of the Specifications and failure to do so will be at his own risk. A Proposer shall not expect to secure relief on the plea of error. QUALIFICATIONS OF PROPOSERS The City reserves the right to make such investigations as it may deem necessary to establish the competency and financial ability of any Proposer to perform the work.. RECEIPT AND OPENING OF PROPOSALS All Proposals must be submitted in a sealed envelope, addressed, and mailed or delivered as stated in the Invitation to Propose. Any Proposer may withdraw his proposal either personally, or by telegraphic or written communication at any time prior to opening of the proposal. All proposals must be in the possession of the City Clerk's office at the time of the proposal opening. The Proposer shall submit his proposal on the form furnished along with all information indicated on the form. The Proposer sb_ a1 enter the company name wherever the Proposal Form so indicates and shall sign the Proposal Form wherever the Proposal Form so indicates. Unsigned proposals will be considered incomplete. Proposals shall be opened and publicly read at the time and place indicated in the Invitation to Propose. CONSIDERATION OF PROPOSALS AND AWARD CONTRACT The City anticipates awarding the Proposal to the successful Proposer at the August 5, 1999 regular meeting of the City Council. The City of Palm_ Beach Gardens reserves the right to reject any or all proposals, in whole or in part, with or without cause, to waive any informalities and technicalities, and to award the Contract on such coverage and terms it deems will best serve the interest ofthe City. Criteria utilised by the City of Palm Beach Gardens for determining the most responsible proposer includes, but is not limited to, cost, whether the proposer meets the City of Palm Beach Gardens published Specifications, the proposer's experience, skill, ability, financial capacity, previous performance, and any other factor which could reasonably be asserted as being relevant to successful performance. CONFLICT OF INTEREST The award hereunder is subject to the provision of State Statutes and City Ordinances. The Proposer, by affixing his signature to the Proposal Form, declares that the proposal is made without any previous understanding, agreement, or connections with any City official or persons, firms, or corporations making a proposal on the same items and without any outside control, collusion or fraud. By signing the Proposal, the Proposer further declares that no City Council Member, other City officer, or City employee directly or indirectly owns more than five (5) percent of the total assets or capital stock of the Proposer entity, nor will directly or indirectly benefit by more than five (5) percent from the profits or emoluments of this, contract. LEGAL REQUIREMENTS Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Proposer will in no way be a cause for relief from responsibility. 1. Vendors doing business with the City are prohibited from discriminating against any employee, applicant for employment or client because of race, creed, color, ancestry, religion, national origin, sex, or age with regard to, but not limited to the following: Employment practices, rates of pay or other compensation methods and training selection. 2. A person or affiliate who has been placed on the convicted vendor list following a conviction for a pubic entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a'bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of begin placed on the convicted vendor list. 3. The obligations of the City under this award are subject to the availability of funds lawfully appropriated for this purpose: 4. This request for proposal shall be included and incorporated into the final award. WOMEN9MNORITY BUSINESS ENTERPRISE (W/MBE) POLICY It is the policy of the City to provide minorities and women equal opportunity for participating in all aspects of the City's contracting and procurement programs, including but not limited to employment, construction, development projects and lease agreements, consistent with the laws of the State of Florida. It is further the policy of the City to prohibit discrimination against any person or business in pursuit of these opportunities on the basis of race, color, national origin, creed, sex, age, handicap or veteran's status. PROPOSEWS RESPONSIBILITY Each Proposer is required, before submitting his or her proposal, to carefully examine the Proposal specifications and to completely familiarize himself or herself with all of the terms and conditions that are contained within this document. Ignorance on the part of the Proposer will in no way relieve him or her of any of the obligations and responsibilities that are a part of this Proposal. CONTRACTUAL AGREEMENT This invitation to Propose shall be included and incorporated in the final award. The order of contractual precedence will be the purchase order, proposal document and response. Any and all legal action necessary to enforce the award will have venue in Palm Beach County and the contractual obligations will be interpreted according to the laws of Florida. Any contract or agreement required by vendor must be enclosed at the time of Proposal submittal. PUBLIC RECORDS LAW In conformance with the Florida Public Records law, all proposal documents or other material submitted by the Proposer in response to this request, other than any financial statements submitted, shall upon proposal opening be available for public inspection by any person. 4 CODE OF ETHICS If any Proposer violates the Code of Ethics of the State of Florida with respect to thi t proposal, such Proposer may be disqualified from performing this work and future work for the City. ADDENDA Addenda issued by City prior to the bid opening shall be binding as if written into the Specifications. Proposer shall acknowledge receipt of the same as indicated on the Proposal Form. ATTACHMENT TO PROPOSAL FORM The Proposer is required to submit each of the attached appendices to his/her completed proposal form: Appendix Description A. Drug -Free Workplace Certification (If Applicable) 5 SPECIFICATIONS TO Facilitate City of Palm Beach Gardens Annual Auction Facilitator will provide the following services listed below for the City of Palm Beach Gardens AnnnA Action to be held August 21 1999 at the Public Works Department. The gates will be open at 9 am. Items to be sold will include trucks and surplus City equipment. 1. Facilitator is required to produce proof of licensing or certification. 2. Facilitator shall include a list of references to include all govemment agencies that have used their services in the past. 3. Facilitator shall list all fees to be paid bythe City. 4. Facilitator shall list all fees to be paid by the purchaser at the time of auction. 5. Facilitator shall provide the following services: 1. A cashier. 2. Tag and title service. 3. Three (3) support personnel minimum. 4. Hold harmless agreement. 5. PA system. 6. Facilitator shall include the size of their staff and any City staff that will be required. 7. Facilitator shall provide a detailed budget and advertising plan. 6 PROPOSAL FORM In completing the information questions below, if additional space is needed, attachments to this form are acceptable. ( ) Individual ( x ) Corporation ( ) Partnership ( ) Other (Specify) Name of Organization Karlin Daniel & Associates, Inc. (Or Individual) Address ' 50 SE Kindred St., Ste. 103 City Stuart State FL Telephone Number 561 - 220 -2557 Tax LD. # Business Address Same State OrgnnizedDate 4/92 Proposer's Representative City Zip Code Robert K. Smith Title Auctioneer /Seni6r Associate 65- 0339932 Proposed Total Fee to Provide Requested Services S -0- PRICES SET FORTH ABOVE ARE FIRM PROPOSALS AND ARE NOT SUBJECT TO PRICE ADJUSTMENT EXCEPT AS DEFINED IN THE GENERAL AND TECHNICAL SPECIFICATIONS. ATTEST: Z &'6-1xt5 U� Title // Date , 7 (Corporate Seal) PROPOSER: .twos Signature Title 7/.0/9 Date APPENDIX A DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that Karlin Daniel & Associates, Inc. does/daesiiet (circle appropriate response): (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the danger of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling. 8 SPECIFICATIONS TO FACILITATE CITY OF PALM BEACH GARDENS ANNUAL AUCTION FACILITATOR RESPONSE 1. Licensing: pages 1 — 12 2. References and Government agencies: pages 13 — 26 3. Fees to be paid by City: -0- 4. Fees to be paid by purchaser at the time of auction. 10% Buyer's Premium 6% Florida sales tax, where applicable 5. Services: 1. Cashier: page 29 2. Tag & title service: page 28, 29 and 34 3. Three support personnel minimum: pages 27, 28, 35 - 41 4. Hold Harmless agreement: page 42 5. PA system: page 30 6. Number of Karlin Daniel & Associates Staff at auction 10 Assignments of each staff member: pages 37 - 41 7. City staff required: -0- 8. Advertising Budget: page 32 9. Financial Statement: ATTACHED 10. Proceeds distribution: 10' banking day following auction; page 43 11. Auctioneer Compensation: page 43 12. Auction Agreement: ATTACHED M 741 8�.Val Rt At�}�:, ".•,y,, v - •lio. .3l.t- ..•"°;; -. .. �.'�{'�tZ A Fria :+.� :'t �F "r "'%'. '�"P ?��}hr.'/ `�.?v+•' ,�:.:_ . s ::;� lea. �: r'.. - _ ;�2r c .'Yt• -' '°fit•'•' -Jr',a :.- arx-.- .:"+.'!:R � i.�.` �IidI�OR lidt� i�E�Cix .��' T ��t� :... k „„ � .�.,�� -^3�a ., - •,., :: _...g zEt :Y' Fr .ct`'�f qa _ �.+ •see �3'st c - s",.y.-- �o- i.s9�• t / :.`wh C '' +J^ i; •.f?.-- ^S�§rhirex- q,.r.Fas. -�-[ . _ y .: M•zl' 'R �� :a'•: . � - 4 � 1 .� �,,,,,,TT u•r ' � � rot x' t j :..� .� _ .7i^r Yi i s � aY.w ...+.- Y -4'+�,. f 3 - � �� .. : •i_ Y _ � a _ KARLI1f K DANIEL & ASSOC KARL 14 K DANM - -5�.4. �'�.�• LC";l�st " # l.A --_ S T VA XM' }y"Sb �+ .,. `�T•.^� ,,,"y,G� �'t -.,+ go T ., �• - r �; ir:. �,� r� � - tY., � � 4:�,,.1� � � �. r � �'-. y �.Y: � r,.. +� -Cia �'y+'.�" -�.,,.. . -J3� = . �� RICHARD T.. ARRELL LAWTON CH�ILES DISPLAY AS REQUIRED BY LAW ate`: � "Y���. ��..•- cif +y: :- G0VLRIN0R - - Al - RY WTQN CHILES GOVERNOR 1 " - C '' +J^ i; •.f?.-- ^S�§rhirex- q,.r.Fas. -�-[ . _ •r r d. „ i :- .. i fit = . �� '�5,��_�- c•.. ate`: � "Y���. ��..•- cif +y: . - r_ -_'�_ v 0 - Al - ,�1 o• 1 DISPLAY AS REQUIRED BY LAW RICHARD T. FARREL.L SECRETARY 1 - - - - - - - --- - - - - - - - - - - - - ST �ORID A STATE -FL Of -47A182 A -'Fl F-4 E A . .... .. AR DEf?j .&Ka a '44 A� W, Name Tietovs W ZI C ENSE D ' thdo the pum="d Chanter - ,-475 '-- Expiraflolt date: MAR Zll, -2001 KARLIWK 9.6 SW CABANA POINT CIE �-_34994z:�; ..S-TUAR,F- 14 JEB BUSH DISPLAY AS REQUIRED BY LAW CYNTHIA A. GOVERNOR SECRETARY TARY 1 17 CT FBI W-k c te oMj&fdgo Expiration datr— a- 2- p Z' a; 6 Aid 1 EL KARL M L 76 SW CABARA. il�i� Q� 45-SC A;_W ­77 ­4 ;M3 3 r H A R 1) T RREL DISPLAY AS REQUIRED BY LAW T A R y LAW -1O N CHILES Go V OFFLOME)k�".7- A bb 'A RT- t '.OF ­11US INE -AND­'FR0F._'_ F, IENT ES b7NA REGULATI-ON:': 'ISION' '44 A� W, Name Tietovs W ZI C ENSE D ' thdo the pum="d Chanter - ,-475 '-- Expiraflolt date: MAR Zll, -2001 KARLIWK 9.6 SW CABANA POINT CIE �-_34994z:�; ..S-TUAR,F- 14 JEB BUSH DISPLAY AS REQUIRED BY LAW CYNTHIA A. 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"�ic�i�•�. �TsC �..'7•� .w ]r=� �• t+s.E ".��'.�'3¢ _ Cliff K-AR - - ON-, A;S" New ism_ L�(rttI CHES - ~mss SPUIYAS REQUIRED EA111t �,'_€I#tlI`iFRf€�C a x �: CaOVtQf rx4 ` ., SECRETARY -� '= .i%7i -:: ea- .�'r- vr.luc:r� � valS:arRV .�:4�ry*- :.;¢'•t.:!2�.as :+-'� .. �+�.:_ ��.- µa�_,o.�L u�- 3�'7.�si�.- ' *'`^�•'.�'� .��.,.�a -'t ,j„� co,;. J,:�•: ..� -; G�An >�:....m' 'sue:::•.{._ _ _- _ _:;i:�: :i:. :;_::::jam:; ::..- ':•: : . '. - y�.�+v4- a;v. ...gam:: r.,„1+..-3 -.. Y„ isra: aa- - 7..a"< "7ir '•s-+wfi� -c: >w i y,,. rod �` -,y�q yt �r�- h.t y �- '.�`d3�- '3t- � � �_ =�+�'s ..- =:..•t.`�� s ",� ,rs� ��. ��'S°�,� - ��y�•��'�„�, � �,.�.-- ai =� -''- -• � ��� '- �°,�:s�• ter. ` .x., ,.,;� -, �`ti; ..�� ... . -.h, ax r py. .�..+��_c .I��. -,i^, s, �•a•..�y...Z , `n: x '�f ^r- .'Y',• -- r, >[ +:... ''-`r; _ ;' - 5": „�:. . ! ..._ �r ��. ��'• - � , .'�" �"'y~, -;y ^' <,y 4 +k"sy �- `..MIT.;s, ,� '�. a�,.,, , �c r- _: wrw � tiro,?- ''dry •-,� ,-i - .. a;,'^�3.�`"i'..��j. .' -`.�" -%y,� '�:;� �� _ �+" •ic: ;„r �. '. •1 -7 `3x tie' r a, x,.a� ° - •.'+`_ i . �t•9- y_ . -�.-" `i - .+�. �- '�^`'�. 'SFI`�::ROBERT. K -_:. . - _ .\, •,.a- ��^ l,� _ - � - `� 127 FAIRVIEW WEST .. lisM jAEGUEa iiP W • - ,�.., `l -3'.' _ j — _;.-g� -'� .*,'fir -'"�,'` :,g, `+ � "`� }� �:,� c 1.zr .._ .r _= r ,. _ - LA CHILES E GOVERNOR , y DISPLAY AS REQUIRED BY LAW RICHARD T. FARRELL GOVERNOR .SECRETARY •1: - .'or�'iY S.. .A�a.. r�t- 1..�'� �iMLL Vic.'. F�i�?' 'i.�iL!.�. I - i I y�_ 4r-. y.-=y -L OFFLORIDA'., -c g1v LICENSc LI '77 NBR ...... N W, _Z- 9 a�d fg- 9GE os- 00 tZ6. �wh W�a- -,L�OT AiM - V i�TCTNE-t %7* -W N29le*IieIdWN-, *L Eft On" * VI) Undes e p=on&-0 f Ch ..NOVTO Expiration date: OM ----------- X At' 4w 5AKER--' FREDRICK .', V y- 1330 ZND DRIVE VE-RO REACW 4;14 RICHARD T- FARRELL. L T CHILES. DISPLAY AS REQUIRED BYLAW SECRETARY GOVERN.OR Expirat! a a -date:g�-p- KAR! BAKER? FREDR 1830 CHARL(IT LAWTON CHILE' GOVERNOR, 5 Y� A -X DISPLAY AS REQUIRED BY LAW S I C``ARO T R cl Z EEL R-E-- ARV 5 - -. - -. ----- - - - -z— " y 3 —+ •' ,� . . waglrAA�tW�tttitl ly�w�YYop pdl�.Quvea- it' y'r�L-�T {f ,- V +• - i - S /�a � ' s�'.�. ._ �. J i''> , q• i•'•-- v- "y-i'"•.". t"^,yi S�._ 'i i t 1i'• w T„ �'~ 7 - .ztw -- _ � � � � 'S „_�' '..•y�.�, v.�.., �- q t> ..yam �jy� . }�' `'v' - .c. -s. n - - cw�>: :,,;iF�r :'fib' �"x:•w",s =,•Y ."*n _ ,,,,�x -7- �``a• -s --ALAN BLAJ N� t ntN:LEL F �+[' t.t�. _C�Y ��-ag2'a.t �t _ _ �j _�” '. .� ✓ F�-� � �' �� � � t3 tt � °�� '_ �. }y-�i� �asS -' 2w•F• yg� t it �.{,,,, � � 3•Y ��3 ��.s�.s�j � : _hn L� �yLlti U _ � - ' �+` �C 'T. Latr�IT!��`O`''Ai C{:�i; i[.�5 : R T Ci RD F A4F , DISPLAY AS REQUIRED BY LAW vL �i{it Li'OVERNEIR r:. 1 n/ •.� L �i1.1' a 1t i •.l � .�1 .s r. i at- -wf � i-a,. 5 7.4151 : STATE OFFLORiDA r r r' Y "UEFART LENT . fdF ° HCJS INESS- AIVD PROFESSIONAL RE66 AT I ON . L _ 'MLVISION OF..RFAL :.,:. .ESTATE ;fAtHAAllJJ:14;F LICENSE NBR ZZ 6lQ`/`4489Q2BK O6E117 `. r ��: #� Named 6eloS= L-I C ENSED ::• - �z �»; r ulidet•°theprovwowd: tery =`475 Expira_tion date: MAR 1,_: 2001 FRENKEL,'ALAN BLAINE 412 RAEHN ST - ORLANDO <32906� JEB BUSH DISPLAY AS REQUIRED BY LAW CYNTHIA A. HENDERSON GOVERNOR SECRETARY Expiration date: :'NE1V 30 s 1.9.99 �. is . +' .,,u• :; a' Y. _ - "FI1CKEit BRANDON 3207' SE BROOK `SIRE, -:,T " yo-".y D y4� ARP z� -� r 49- r� y « 3stt .r`"z LAWTLHU CHILES DISPLAY AS REQUIRED BY LAW RI CHART] T FARREi-i_ :1 SECRETARY SMM OF MO R DA t DEPARTMENT. OF BUSINESS AND. `PROWE SSI'Oi>tAC. REGElLlrr7' 01� .S; N � �s. DIVLSION._OF;_REAL :STATE Y+'' .- _.air a;n- Tfe 7ES=ALESEERSON 'w.'_ •'St ti' ".. _.. .; na hider the provisions of Ch a - 475`rFS pw bmiration date: MAR : 1, , 200 i -- ,:.. _ aix TUCKER, .BRANDON.DWAYNE. r' IC L -~'wi -� _ �,;�`- }ice`,•'' - :' --r�J' ' : } Z Y Expiration date: :'NE1V 30 s 1.9.99 �. is . +' .,,u• :; a' Y. _ - "FI1CKEit BRANDON 3207' SE BROOK `SIRE, -:,T " yo-".y D y4� ARP z� -� r 49- r� y « 3stt .r`"z LAWTLHU CHILES DISPLAY AS REQUIRED BY LAW RI CHART] T FARREi-i_ :1 SECRETARY SMM OF MO R DA t DEPARTMENT. OF BUSINESS AND. `PROWE SSI'Oi>tAC. REGElLlrr7' 01� .S; N � �s. DIVLSION._OF;_REAL :STATE Y+'' .- _.air a;n- Tfe 7ES=ALESEERSON 'w.'_ •'St ti' ".. _.. .; tameiF6elor 'I_S. LICENSED hider the provisions of Ch a - 475`rFS bmiration date: MAR : 1, , 200 i -- ,:.. _ TUCKER, .BRANDON.DWAYNE. 3207 SE BROOK STREET STL?ART L- 3497 - = } Z Y P ' JEB BUSH CYNTHIA A.' HENDERSON . DISPLAY AS REQUIRED BY LAW GOVERNOR ..SECRETARY .ie.� '. _ � �1:�1 �1:�i►I�CUh'�I�l�iit P TC:FhI�F NAR _ _.._ _ - __. ' .- _. ,. ... k ik06f Vg g 9dt-774� 0_00 �W41+1'rJ' �R.c' h t` ..� .. _ +�.7 7 -'*.c •'�+oe# �jc - �TEREII:= IFS: Underthe rovisrons`3f P 47 S Expiration NOV 30, 2000._ •z A — r TUCKER, BRANDON D N/E u 50 -SE KINDRED ST „STS -103 STUART` t}L �` '-ate# rte+ ]a�e�� $ : . fY � 3. -_ - :,u C .0 "',.Y. "L' � FC'r <"�.. 1.r .`C .J _ ,uq _• y._ } -^. f'�,. --y+ h�'aG- c•�' -d . • S°' _ sy,-sL } Yf •: •S^� Y• ! - b = q:. _ P -' - .-kba"1. -?_ . 9C- Y _.. - �S• i9"r`_ ,.aF 3�^ S_�! ~ •cS -•aa +j,R.s .4� _ ;. ri _ ­LAWTON CHILES DISPLAY AS REQUIRED BY LAW RICHARD T FARRELL �=rw: GOVERNOR '.- _ _ -.SECRi=TARY -.. - -�_ '�l`'�_ fir' ~- tee..- r. --' �.- ..:s... _ err �.+•_z — -_ .1'Y :5� _ _ ,_ _ ExpImdolldat8: NCY, ZLI.r '�+' a •�i+' •r "�"7y {-.n . Y y F-�. -,a. -a�.ay ':w�": • r.�j: b L .. _ +A i ;• ;._ •`- ' ``, s � �"� -1 -t ?i. .r Ate. �7�•, ��`o„ r, .. --€4�- N .+ a w 3 2 455�5} S -' ii -4 It h`��..i- 1.4.J_ i+,C_t" ��+= "ty 'i Dl ~�' 3t •ice t `^r r i. 2- -• �i-- n .. Ev{i rA s c* F = ?t ?s` -� _Y3}_ ` Y + r�+ -,.y r , - "'' x I '• t' -�" Y �i DI �' '_ 7 �? - "' '+i' m;k ;.°.�. 'f '?itC2Y 4 kA L LATE =Y�RLES _ DISPLAY AS REQUIRED BY LAW RIC;fAR� T :CELL i ni:• a�V.., t, �. SAC cETrR t JAIL .. „mss•'_`- ..��.::_.. s z -..-:: �'•D taK. - _ �L...i3;x! - Y.i.,�Jl•. \a�ry!'T .._ _ rviac- r ,i•�e ��������,,.. y rtT fir'°' Ai-R- #d-• fJi7yCi•Pi�[T/+ -.� '-� } .xpirahon dafe• 5ER f 49.4 '`�. `I-Jr � .lEt�- -. ��_t f+sif �Y1J- } ,fly -•y `•y�} ��� � th��"S,O i� � •-f �p Tyy� �, -�,.� �j� (��r`bA � �� -.{ —.a rye+ ri+ �{.'IY � Y' ` y�- ^.% i� ' . ._.� .. -4 T `X"7•L` -S� - yll,�,., t. - _ j' �j�Ywb •1... r� �N ^• ' ..y .. - .rt, �, g`va3 .. , � �_ " •: ;7ti. -! Oro 'sxx 7 r„ '° u { • -VYS LVII MI y .T +� �y yt'G �'.r'a"'r- � .- yo ••t- _xr �* - '}%ra. :a r .r�� I VER SOiV, GHARC:E `,ERR' W 2455. S HW1f A1A �• i _. :� - ,HERO READ " ' - �' _ � a 10 zf-'" �.�.. -S LAWTON CHILES GOVERNOR DISPLAY AS REQUIRED BY LAW R IC.HAR� T. FARP.ELf_ SECRETARY 8 kFITE3 CHTLEE p` DISPLAY AS REQUIRED- BYLAW RIE�iARD T.. FNIRRELL GOV= RNf3R. SECRETARY �1:ti1 = 1:�iH�1�U1i51�1�� LICENSE �/. �Zr��C- 74.�.���71� _� �CGTCsGTit .,,r .�?^ o � "�3 �- y � ,.�• . #� -x; • •v �R ,�.,= f"" ,yk .. Y _ -6•� �a y4ef - x \ .�L` rr. '...� '�'- c' ,.. -•' x�� -��,y '°'�- - n E SP-LE lametteioaE a S Y CENSED =, t; n� v f. r Wider-the pmvrsions Chaofer. X475'" :=IFS 3 Expiration date MAR 1. 200 t. EWALD;: - `ROBERT HOLDEN 502 - HALLOWELL. CIRCLE- -ORLANDO ,AFL 32828 - - i .�, - �' .hyy Ste' _ >�, c � < - _ --r' � - n .•y t,.- -^r ;-•-P � _ . { � t• �,. `ado : ._, w,ac �'3- �h � -� ,_ � +'__•�. ;.; - ~•� ;.ij �`_ _.tf,: -` -� . -Y�,.. ". _:: " Y •- ..,,r,F-. �-"� ,,,r�r.? - �i�.�: , � -�4� +ec .� :. =his � JEB`BUSH - CYNTHIA A. HENDERSON GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY j' - _ ..y��# y'3 f'a,. . •?}... mix y yiY► �i {' ^3: �G --iY r ,•- c +Q -"" rte+ '�". r Y a �- vf�5. Kam.- .,'r_` - '�Y S_ .S„ k.-. _ •1.. r- ` 9'Y§. ei�y }:. -- +5"?5- �.0 LAWTON- CHILES sr . -_ x4 GOVERNOR DISPLAY AS REQUIRED BY LAW RICHARD T. FARRELL f, .. 10 i I COUNTY OCCUPATIONAL LICENSE Larry C. O'Steen.Tax Collector, P.O. BOX 9013. Stuart, FL 34995 (561) 288-s604 LICENSEI092 125 070 cEmAS 000087,a PRONE561 220 2557 sicNo— 7309 LocAmom .50-KINORED ST -S TE it 63 -N -3 :,7 TOTAL 25.00 bANIEL _y IS HEAEBY LICENSED TO ENGAGE IN THE BUSINESS. PROFESSION OR OF AUCTION all SINESS Occup'T�" -7 STREET AT ABOVE ADDRESS FOR THE PERIOD BEGINNING ON THE cmyoF OCTOBER - STUART FL: 034994 1998 AND 9400IG 39IT13;BER -199 9 SEC-_ 9980 81701 18-75 PAID CITY OF STUART OCCUPATIONAL LICENSE 14655 008000 1998 — 1999 TAX YEAR BEGINS OCTOBER 1 AND ENDS SEPTEMBER 30 OWNER - BUSINESS LOCATION -TYPE PAYMENT AFTER OCTOBER 1 CONSTITUTES VIOLATION BROKER-KARLIN X DANIEL ;50 KINDRED ST AUCTIONEER -T"'AU 0001207/BY,0583791 OF CITY CODE OF ORDINANCES This occupational license does not Pernik to holder to operate In violation of any City law, ordinanc or regu1atIop.—,&T__rAIarVes In location or ownership must be approved by the City License Section, subjett,r6:ib'i��V This License does not constitute an endorsement, approval, or dis- approyg of the holders sltii►or competence or of the compliance or non-compliance of the holder vwidikh6c law, s—i"ations`,iir Standards. 100: 0.001 0.001 100.00 KARLIN DANIEL & ASSOCIA—TESY NAME AND BROKER-KARLIN X DANIEL MAILING 50 KINDRED ST STE 103 www0"5**ffij 1 09/03/98 ADDRESS r. --STUART __FL 3.4951-- CITY OF STUART OCCUPATIONAL LICENSE fil= 282 14655 189001 1998 - 1999 OWNER -BUSINESS LOCATION -TYPE TAX YEAR BEGINS OCTOBER 1 AND ENDS SEPTEMBER 3( PAYMENT AFTER OCTOBER 1 CONSTITUTES VIOLATION BROKER-KARLIN X DANIEL OF CITY CODE OF ORDINANCES 50 KINDRED ST REAL ESTATE AGENCY This occupational He— d— not permit the holder to operate in violation of any aW law, ordlrwx or regulation ,..Any changes in location orovw wshi = pmbeappmvedbythockyu w censocdon, ' . AU 0001207/BK0583791 suboctto'rorm ng sirictio "a This License does not constitute an endorsement, approval, or die- app oval of the WdOeS slaor competence or at the compliance or non - compliance of the holder with other laws, " Ireaulffdons var standards. 100.00 NAME KARLIN DANIEL & ASSOCIA AND BROKER-KARLIN K DANIEL MAILING 50 KINDRED ST STE 103 ADDRESS STUART, FL 34994 SRC 007 (REV 09196) Do' F` 0.00 0.001 100.0( 09/03/98 DIANNE O'DONNELL CITY CLERK 4-iA in PREV YFL S 0*00 LIC. FEE S S 0-00 PENALTY S Q. O 0000 COL FEE 5 O.-ba S TRANSFER $ 0 Ila— LICENSEI092 125 070 cEmAS 000087,a PRONE561 220 2557 sicNo— 7309 LocAmom .50-KINORED ST -S TE it 63 -N -3 :,7 TOTAL 25.00 bANIEL _y IS HEAEBY LICENSED TO ENGAGE IN THE BUSINESS. PROFESSION OR OF AUCTION all SINESS Occup'T�" -7 STREET AT ABOVE ADDRESS FOR THE PERIOD BEGINNING ON THE cmyoF OCTOBER - STUART FL: 034994 1998 AND 9400IG 39IT13;BER -199 9 SEC-_ 9980 81701 18-75 PAID CITY OF STUART OCCUPATIONAL LICENSE 14655 008000 1998 — 1999 TAX YEAR BEGINS OCTOBER 1 AND ENDS SEPTEMBER 30 OWNER - BUSINESS LOCATION -TYPE PAYMENT AFTER OCTOBER 1 CONSTITUTES VIOLATION BROKER-KARLIN X DANIEL ;50 KINDRED ST AUCTIONEER -T"'AU 0001207/BY,0583791 OF CITY CODE OF ORDINANCES This occupational license does not Pernik to holder to operate In violation of any City law, ordinanc or regu1atIop.—,&T__rAIarVes In location or ownership must be approved by the City License Section, subjett,r6:ib'i��V This License does not constitute an endorsement, approval, or dis- approyg of the holders sltii►or competence or of the compliance or non-compliance of the holder vwidikh6c law, s—i"ations`,iir Standards. 100: 0.001 0.001 100.00 KARLIN DANIEL & ASSOCIA—TESY NAME AND BROKER-KARLIN X DANIEL MAILING 50 KINDRED ST STE 103 www0"5**ffij 1 09/03/98 ADDRESS r. --STUART __FL 3.4951-- CITY OF STUART OCCUPATIONAL LICENSE fil= 282 14655 189001 1998 - 1999 OWNER -BUSINESS LOCATION -TYPE TAX YEAR BEGINS OCTOBER 1 AND ENDS SEPTEMBER 3( PAYMENT AFTER OCTOBER 1 CONSTITUTES VIOLATION BROKER-KARLIN X DANIEL OF CITY CODE OF ORDINANCES 50 KINDRED ST REAL ESTATE AGENCY This occupational He— d— not permit the holder to operate in violation of any aW law, ordlrwx or regulation ,..Any changes in location orovw wshi = pmbeappmvedbythockyu w censocdon, ' . AU 0001207/BK0583791 suboctto'rorm ng sirictio "a This License does not constitute an endorsement, approval, or die- app oval of the WdOeS slaor competence or at the compliance or non - compliance of the holder with other laws, " Ireaulffdons var standards. 100.00 NAME KARLIN DANIEL & ASSOCIA AND BROKER-KARLIN K DANIEL MAILING 50 KINDRED ST STE 103 ADDRESS STUART, FL 34994 SRC 007 (REV 09196) Do' F` 0.00 0.001 100.0( 09/03/98 DIANNE O'DONNELL CITY CLERK 4. a t7'- W �. `'' Z O _ o o n �Z O� o Q. ~ 7i -4 iA 7C Q [� - - D-Z, ca rt 3 e _ p m O gN YY k� f l f � - C.-: < �• � . �, � v -i 3 `i .�� -"'itx 4 {. `t�' -X' 1wr �' µ _ - �.. (or: -P2 c _a£ F, '4 t the -/^ 3 - •:•. :+`?'- Ff r E chi- C-r CD 7.T" REFERENCES OF PREVIOUS SIMILAR AUCTION CAMPAIGNS Previous governmental and surplus property auctions performed by Karlin Daniel & Associates, Inc., are attached for your review. In addition to these auction campaigns, KD &A currently has active annual requirement agreements with the South Florida Water Management District, Lake County, Okeechobee County and Martin County. Each of these agreements was awarded for one year with the possibility of renewal for two additional one year terms. 13 REFERENCES OF SIMILAR AUCTION CAMPAIGNS CONDUCTED BY KARLIN DANIEL & ASSOCIATES, INC. 5.22.99 Indian River County Sheriff Contact: Mrs. Martha Asher, 561/569 -6700 Ext. 414 4055 41st Street Vero Beach, FL 32960 5.22.99 Indian River County Mosquito Control Contact: Mr. Doug Carlson, 561/564 -5045 • �_ « 5655 41" Street Vero Beach, FL 32967 ?a 5.22.99 City of Vero Beach Contact: Mr. John O'Brien, 561/770 -6836 1053 20th Place, PO Box 1389 Vero Beach, FL 32961 -1389 VE40 !lACM �rov"s 5.22.99 Indian River County Contact: Ms. Fran Boynton- Powell, 561/567 - 8000' 2625 19`h Avenue 3 < Vero Beach, FL 32960 5.15.99 St. Lucie County Sheriff's Office Contact: Maj. Bucky Walters, 561/462 -3340 4700 Midway Road Ft. Pierce, FL 34981 4.10.99 Martin County School District ��XN CoG Contact: Mr. John Klatt, 561 219 -1255 Ext. 6 �' 2845 SE Dixie Hwy. Stuart, FL 34997 -5037 �cHOO�'y 4.10.99 Martin County Board of County Commissioners Contact: Betsy Iverson, 561/288 -5511 2401 SE Monterey Road Stuart, FL 34994 3.27.99 Central Florida Reqional Transportation Authority dba Lynx Contact: Mr. Doug Tyson, 407/841 -2279 225 E Robinson Street, Suite 300 ` Orlando, FL 32801,,,,,,�„tl,,,,�.,, 14 3.20.99 Okeechobee County Board of County Commissioners Contact: Mr.-George Long, 941/763 -6441 Okeechobee County Courthouse, Room 106 304 NW 2nd Street Okeechobee, FL 34972 3.13.99 Martin County Sheriff Contact: Mr. Carl Amerson, 561/220 -7092 800 SE Monterey Road Stuart, FL 34994 1.16.99 St. Lucie County School Board Contact: Mr. Jeff Carver, 561/468 -5066 2809 Delaware Avenue Ft. Pierce, FL 34947 12.12.98 City of Stuart Contact: Mr. Stu Beebe, 561/288 -5320 121 S Flagler Avenue Stuart, FL 34994 12.12.98 City of Port St. Lucie Contact: Mr. David Pollard, 561/871 -7391 121 SW Port St. Lucie Boulevard Port St. Lucie, FL 34984 10.17.98 City of Vero Beach Contact: Mr. John O'Brien, 561/978 -5471 1053 20th Place, PO Box 1389 Vero Beach, FL 32961 -1389 10.10.98 Lake County Contact: Bruce Conway, 352/343 -9839 315 W Main Street, Rm. 416 Tavares, FL 32778 -7800 10.10.98 City of Leesburq Contact: Mark Raiford, 352/728 -9880 2010 Griffin Road PO Box 490630 Leesburg, FL 34749 -0630 10.10.98 City of Eustis Contact: Cindy Cottec, 352/483 -5447 10 N Grove Street PO Drawer 68 Eustis, FL 32727 -0068 15 • a��� fir'' �_�� �'ORi ST ROR 10.10.98 City of Clermont Contact: Joe- VanZile, 352/394 -4081 1 West Gate Plaza Clermont, FL 34712 -0567 10.10.98 City of Mount Dora Contact: Jim DeLong, 352/735 -7151 1250 N Highland Street Mount Dora, FL 32757 10.10.98 City of Tavares Contact: Charlie Pell, 352/742 -6215 100 N Disston Avenue Tavares, FL 32778 10.10.98 City of Umatilla Contact: Bill Yocum, 352/669 -3125 1 South Central Avenue PO Box 2286 Umatilla, FL 32784 9.19.98 South Florida Water Manaqement District Contact: Jim Bartlett, 561/682 -6411 PO Box 24680 3301 Gun Club Road West Palm Beach, FL 33416 -4680 9.12.98 City of Palm Beach Gardens Contact: Mr. Al Perkins, Fleet Manager, 561/775 -8276 3704 Burns Road Palm Beach Gardens, FL 32964 8.29.98 St. Lucie County School Board Contact: Richard Stabile, 561/468 -5000 2809 Delaware Avenue Ft. Pierce, FL 34947 8.15.98 St. Lucie County Contact: Mr. Charlie Bicht, 561/462 -1700 2300 Virginia Avenue Ft. Pierce, FL 34982 8.8.98 Martin County Board of County Commissioners Contact: Betsy Iverson, 561/288 -5511 2401 SE Monterey Road Stuart, FL 34994 16 _� /� %Q= p Zi 6.27.98 Evans Properties, Inc. Contact: Ms.•Vi McClain, 561/234 -2410 Ex. 219 10410 Bluefield Road Okeechobee, FL 34952 5.2.98 Indian River County Mosquito Control Contact: Mr. Doug Carlson, 561/564 -5045 + • 5655 415` Street Vero Beach, FL 32967 ? 5.2.98 City of Vero Beach Contact: Mr. John O'Brien, 561/770 -6836 1053 20th Place, PO Box 1389 Vero Beach, FL 32961 -1389 veto xwo, 5.2.98 School District of Indian River County Contact: Mr. Rick Chuma, 561/770 -5583 School District of 1990 25th Street Indian River Court Vero Beach, FL 32962 `A C=mUMTY PutSeoAip To W Ed=tiwW Excelkwe 5.2.98 Indian River County Sheriff Contact: Mrs. Martha Asher, 561/569 -6700 Ext. 414 4055 41st Street Vero Beach, FL 32960 4.18.98 Okeechobee County Board of County Commissioners Contact: Mr. George Long, 941/763 -6441 Okeechobee County Courthouse, Room 106 304 NW 2nd Street Okeechobee, FL 34972 3.20.98 Universal Studios Florida Q� Contact: Mr. Scott Campbell, 407/363 -8030 1000 Universal Studios Plaza Orlando, FL 32819 *1z"IC4,111 3.21.98 University of Central Florida Contact: Mr. Matthew M. Taylor, 407/823 -2490 PO Box 163600 Orlando, FL 32816 -3600 3.7.98 City of Palm Bay V Contact: Mrs. Bobbye Marsala, 407/952 -3424 120 Malabar Road, SE Palm Bay, FL 32907 17 12.,13.97 Indian River County Mosquito Control Contact: Mr. Doug Carlson, 561/562 -2393 5655 41st Street Vero Beach, FL 32967 12.13.97 City of Vero Beach Contact: Mr. John O'Brien, 561/978 -5471 1053 20th Place, PO Box 1389 Vero Beach, FL 32961 -1389 12.13.97 School District of Indian River County Contact: Mr. Rick Chuma, 561/564 -5045 1990 25th Street Vero Beach, FL 32962 12.13.97 Indian River County Sheriff Contact: Mrs. Martha Asher, 561/569 -6700 Ext. 414 4055 41st Street Vero Beach, FL 32960 12.13.97 St. Lucie County Fire District Contract: Ms. Donna Beach, 561/462 -1157 2400 Rhode Island Avenue Ft. Pierce, FL 34950 . :- Ww K�C. School District of Indian River Count 'A CommUN71Y Pwwmhip Towud Ejwmimd 9.�- 11.15.97 Central Florida Reqional Transportation Authority dba Lynx Contact: Mr. Doug Tyson, 407/841 -2279 225 E Robinson Street, Suite 300 Orlando, FL 32801 10.28.97 Martin County Sheriff Contact: Mr. Frank Sesta, 561/220 -7092 800 SE Monterey Road Stuart, FL 34994 10.28.97 Martin County School District Contact: Mr. John Klatt, 561/219 -1255 Ext. 6 2845 SE Dixie Hwy. Stuart, FL 34997 -5037 10.11.97 St. Lucie County School Board Contact: Richard Stabile, 561/468 -5066 2809 Delaware Avenue Ft. Pierce, FL 34947 18 v 1 F�flf � a RESL�If 1-,N C OG o- y .1Cy o O;S o,PpRi Sr 8.23.97 City of Port St. Lucie Contact: Mr. David Pollard, 561/871 -7391 121 SW Port St. Lucie Boulevard Port St. Lucie, FL 34984 Rtoaro► 7.19.97 Becker Holdinq Corporation Contact: Mr. Donald Cluff, 561/465 -5858 3450 Whiteway Dairy Road Ft. Pierce, FL 34947 7.19.97 Evans Properties, Inc. Contact: Ms. Vi McClain, 941/234 -2410 Ex. 219 10410 Bluefield Road Okeechobee, FL 34952 6.28.97 Indian River Community Colleqe Contact: Mr. Ken Carpenter, 407/462 -4700 3209 Virginia Avenue Ft. Pierce, FL 34981 -5599 6.28.98 St. Lucie County Contact: Mr. Charlie Bicht, 561/462 -1700 2300 Virginia Avenue Ft. Pierce, FL 34982 6.28.97 St. Lucie County Fire District C,OUNtk Contract: Ms. Donna Beach, 561/462 -1157 \� l9 2400 Rhode Island Avenue ►= o cn D Ft. Pierce, FL 34950 x x 5.1.97 River Country Citrus, Inc. Contact: Mr. Travis E. Murphy, Jr., 561/287 -8677 3565 SW Corporate Pkwy. Palm City, FL 32990 4.26.97 Indian River County Sheriff Contact: Mrs. Martha Asher, 561/569 -6700 Ext. 414 4055 41st Street Vero Beach, FL 32960 3.29.97 Universal Studios Florida Contact: Mr. Scott Campbell, 407/363 -8030 1000 Universal Studios Plaza Orlando, FL 32819 19 3.15.97 University of Central Florida Contact: Mr.•Matthew M. Taylor, 407/823 -2490 PO Box 163600 Orlando, FL 32816 -3600 3.8.97 Martin County Board of County Commissioners Contact: Greg Fleming, 561/288 -5927 2401 SE Monterey Road Stuart, FL 34994 2.15.97 City of Vero Beach Contact: Mr. John O'Brien, 561/770 -6836 1053 20th Place, PO Box 1389 Vero Beach, FL 32961 -1389 2.15.97 Indian River County Mosquito Control Contact: Mr. Doug Carlson, 561/562 -2393 5655 416C Street Vero Beach, FL 32967 2.15.97 School District of Indian River County Contact: Mr. Rick Chuma, 561/564 -5045 1990 25th Street Vero Beach, FL 32962 2.1.97 St. Lucie County Sheriff's Office Contact: Maj. Bucky Walters,. 561/462 -3340 4700 Midway Road Ft. Pierce, FL 34981 •, a IXMSchool District of Indian River Count 'A CommUMTY Partnership To d Edmdonsl Eacdlmcc" ' 1.18.97 Central Florida Reqional Transportation Authority dba Lynx Contact: Mr. Doug Tyson, 407/841 -2279 225 E. Robinson Street, Suite 300 Orlando, FL 32805 1.11.97 City of Palm Beach Gardens Contact: Mr. Al Perkins, Fleet Manager, 561/775 -8276 3704 Burns Road Palm Beach Gardens, FL 32964 10.19.96 Martin County Sheriff's Office Contact: Beverly Auer, 561/220 -7000 800 SE Monterey Road Stuart, FL 34994 10.5.96 St. Lucie County School Board Contact: Richard Stabile, 561/468 -5000 2809 Delaware Avenue Ft. Pierce, FL 34947 0 y � 1• +► a :_ :.�� 2� 11v. 9.28.96 Martin County Board of County Commissioners Contact: Greg Fleming, 561/288 -5927 2401 SE Monterey Road Stuart, FL 34994 9 .14.96 City of Palm Bay Contact: Mrs. Bobbye Marsala, 407/952 -3424 0 120 Malabar Road, SE Palm Bay, FL 32907 �poRr =T 9.14.96 City of Port St. Lucie Contact: Mr. David Pollard, 561/871 -7391 121 SW Port St. Lucie Boulevard Port St. Lucie, FL 34984 ORro' 9.14.96 City of Stuart Contact: Mr. Stu Beebe, 561/288 -5320 121 S Flagler Avenue Stuart, FL 34994 3 ' nx 9.7.96._ School District of Indian River County Contact: Mr. Rick Chuma, 561/564 -5045 C��1, t 1990 25th Street .71x1001 District Of Vero Beach, FL 32962 Indian River Count `A COMMUNRY Partwnhip Toward FA=timal Eacdk=- 6.29.96 Indian River Community Colleqe Contact: Mr. Ken Carpenter, 407/462 -4700 3209 Virginia Avenue Ft. Pierce, FL 34981 -5599 6.27.96 Evans Properties, Inc. Contact: Ms. Vi McClain, 561/234 -2410 Ex. 219 10410 Bluefield Road Okeechobee, FL 34952 6.22.96 City of Vero Beach Contact: Mr. John O'Brien, 561/978 -5471 1053 20th Place, PO Box 1389 Vero Beach, FL 32961 -1389 vtao ae.c� 6.15.96 Indian River County Sheriff Contact: Mrs. Martha Asher, 561 - 569 -6700 Ext.414 4055 41st Street Vero Beach, FL 32960 21 6.15.96 City of Orlando Contact: Mr.-Robert Morley, 407/246 -2335 1104 South Woods Avenue Orlando, FL 32805 4.20.96 University of Central Florida Contact: Mr. Matthew M. Taylor, 407/823 -2490 pgcsNT ; PO Box 163600 Orlando, FL 32816 -3600 oU)c o w a ti 7f��•iee3: �4 4.13.96 St. Lucie County School Board Contact: Mr. Richard Stabile, 561/468 -5000 2809 Delaware Avenue " Ft. Pierce, FL 34947 4.10.96 Martin County Board of County Commissioners Contact: Mrs. Betsy Iverson, 561/288 -5511 2401 SE Monterey Road Stuart, FL 34994 3.28.96 Becker Holdinq Corporation Contact: Mr. Donald Cluff, 561/465 -5858 3450 Whiteway Dairy Road Ft. Pierce, FL 34947 1.20.96 St. Lucie County Sheriff's Department Contact: Maj. Bucky Walters, 561/462 -3340 4700 Midway Road Ft. Pierce, FL 34981 12.2.95 Martin County Board of County Commissioners Contact: Mrs. Betsy Iverson, 561/288 -5511 2401 SE Monterey Road Stuart, FL 34994 12.2.95 Orlando Oranqe County Expressway Authority Contact: Ms. Charlotte Perez, 407/316 -3801 Ar 525 S Magnolia Avenue EXPRESSWAY Orlando, FL 32801 -4414 eureoaZrr 10.28.95 Martin County Sheriff �. Contact: Mr. Frank Sesta, 561/220 -7700 800 SE Monterey Road Stuart, FL 34994 oN. 22 10.28.95 Martin County Board of County Commissioners Contact: Mrs: Betsy Iverson, 561/288 -5511 2401 SE Monterey Road Stuart, FL 34994 10.21.95 Indian River County Sheriff Contact: Mrs. Martha Asher,. 561/569 -6700 Ext. 414 4055 41st Street .�- Vero Beach, FL 32960 10.14.95 School District of Indian River County Contact: Mr. Rick Chuma, 561/564 -5045 School District of 1990 25th Street j T(�( Indian Rimer County Vero Beach, FL 32962 - Ac,niPTowaaEdm,;oW Exmknoc. 10.7.95 City of Palm Beach Gardens Contact: Mr. Al Perkins, Fleet Manager, 561/775 -8276 3704 Burns Road Palm Beach Gardens, FL 32964 • «� ' ru. 9.28.95 Evans Properties, Inc. Contact: Ms. Vi McClain, 561/234 -2410 Ex. 219 10410 Bluefield Road Okeechobee, FL 34952 9.16.95 City of Stuart A . :a Contact: Mr. Carl Coffin, 561/288 -5320 121 S Flagler Avenue Stuart, FL 34994 ITI w 9.16.95 City of Port St. Lucie dvo"*s, ti Contact: Mr. David Pollard, 561/871 -7391 121 SW Port St. Lucie Boulevard 7 Port St. Lucie, FL 34984 "toRm►' 4.1.95 Nova Southeastern University S00Tkp1�. Contact: Dr. Cheryl Gotthelf, 305/983 -7457 0 ■ —�c//—�� 3301 College Avenue N SV z Ft. Lauderdale, FL 33314 S� 12.3.94 City of Vero Beach Contact: Mr. John O'Brien, 561/978 -5471 1053 20th Place, PO Box 1389 Vero Beach, FL 32961 -1389 nco ae,a. „,,,.e 11.19.94 Indian River County Sheriff Contact: Mrs. Martha Asher, 561/569 -6700 Ext. 414 4055 41st Street Vero Beach, FL 32960 23 10.15.94 City of Palm Beach Gardens _ Contact: Mr. Al Perkins, Fleet Manager, 561/775 -8276 3704 Burns Road Palm Beach Gardens, FL 32964 •�� 9.29.94 Evans Properties, Inc. Contact: Ms. Vi McClain, 561/234 -2410 Ex. 219 10410 Bluefield Road Okeechobee, FL 34952 7.9.94 City of Port St. Lucie ��ponrsT c Contact: Mr. David Pollard, 561/871 -7391 • 121 SW Port St. Lucie Blvd Port St. Lucie, FL 34984 Okla 6.4.94 Indian River Community Colleqe Contact: Mr. Ken Carpenter, 561/462 -4700 3209 Virginia Avenue Ft. Pierce, FL 34981 -5599 7.19.99 0 N 24 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 • 407/622 -2111 POLICE DEPARTMENT Chief Jack C. Frazier Assistant Chief Art Stephenson July 2, 1992 Karlin Daniel & Associates, Inc. 701 North Federal Highway - Ste 405 Stuart, FL 34994 Dear Mr. Daniel: Please accept our thanks and appreciation for the manner in which our auction was handled. Everyone who participated in this event had nothing but wonderful things to say about working with you. We have held other auctions, but this was by far the best. We know that it was your company that made the difference. Thank you again for all your enthusiasm, hard work and cooperation! Sincerely, ack C. Fra ' r Chief 'of Police 25 MARSHAL L WR.CO% DENNIS H. ARMSTRONG Disvict I Diwia 2 JANET K GET IG ELIMIRA R. GAINEY DONNA SUTLER MFl 7wq DisO a 7 Dabict t OLIM" S BOARD OF CO UNTY COMMISSIONERS 2401 S.E. Monterey Road • Stuart, Florida 34996 RUSS BLACKBURN COUNTY ADMINISTRATOR COUNTY OF MARTIN August 26, 1998 Mr. Tim Hoza Karlin Daniel & Associates 50 Kindred Street Suite 103 Stuart, Florida 34994 RE: Martin County Auction Dear Tim: PHONE (581) 288.5400 STATE OF FLORIDA I would like to thank you for the most successful County auction ever held! Your efforts to assure that success for us were sincerely appreciated. The participating Departments were amazed and delighted at the return on their dollars. Having only recently had this function returned to the Purchasing 'Division, it was particularly gratifying to the purchasing staff to have it turn out so well. It says a lot to be able to hold such a positive function for the County. Thank you from all of usl /WPurchng on ministrator cc: Karlin Daniel 26 1bam6/blpHrSOn/th"Ir. aw Karlin Daniel & Associates, Inc. Conducts over 150 auction campaigns per year. 8 full time licensed auctioneers with a total of over 75 years of auction experience. Active mailing list of thousands of potential buyers Full time office staff with experts in the field of auction advertising strategies, advertising layouts, bidder requests and accounting. Frequently act as court appointed receivers in litigation matters. Members of Florida Auctioneers Association. Members of National Auctioneers Association. Member of the Certified Auctioneers Institute, C.A.I. Member of the Certified Auctioneers Institute Speakers Bureau. Advertises in national, regional and local papers. 100% repeat business. Currently conducts all county sheriff auctions south of Brevard County to Palm Beach County. Top rated Dunn & Bradstreet firm. 27 1. Trained Staff The full time staff of Karlin Daniel & Associates is its greatest asset. Their professional demeanor is evident in their every task. They are a team who has experience working together and all with one goal in mind - a successful auction. Karlin Daniel, the principal auctioneer with our firm, will attend your auction, take the microphone to call bids, monitor clerking, and review all advertising production. He will remain an integral part of your auction. Robert Smith will be your project coordinator. He and his colleagues will perform the following functions during your auction campaign: receive each entity's inventory list and take photographs for advertising; advertise the auction, see section 4 for specifics; determine sale order emphasizing the higher ticket items at the optimum time of the auction; provide layout map of auction area to City of Palm Beach Gardens' employees with equipment placement; collect keys and maintenance records on all vehicles; be on site a minimum of 3 days prior to auction to lot, tag and catalog all auction items; input all auction information into computer; register and provide bidding paddles to all bidders for the auction; receive all payments for auction (in Karlin Daniel & Associates name) with disbursement to each entity in 10 business days; collect and disburse sales tax to the Florida Department of Revenue; all title work, including notary service for boats; cashiering and clerking; cordon off secured areas of the auction site; post- auction grounds clean-up; on site after auction with full operational office to facilitate pick up of purchased items. W 2. Computerized Accounting System Karlin Daniel & Associates remains on the cutting edge of technology to ensure that every aspect of your auction meets the demand for instant information. We use Sold II software, which is our industry's state of the art program, to enable us to produce on -site, same day reports, perform status reports throughout the auction, and efficiently maintain all bidders registration information. A detailed scope of the computer program we will use at your auction is as follows: Inventory and catalog all items. Detail bidder listing: The information collected on each buyer will be their full name, name for title, address, city, state, zip code, phone number, drivers license state and number, method of payment, tax number, and signature of buyer. Consignment sales detail: This is a breakdown of each governmental entity's items with buyer numbers and amounts of purchase. Buyer invoices: The invoice will include all buyer information, lot numbers and description of lots purchased, sales tax owed, if applicable, and total amount due. This invoice is printed in duplicate. Sales report by lot number. Auction sales tax report. Bidders with a balance due: This report monitors which bidders have outstanding balances as the auction comes to a close. Bidders with items to pick up. Detail by bidder, cashout report: This report includes how each buyer paid, their bidder number, check number, amount paid, and the time the bidder paid. Consignment sales - totals: This report will provide a total sale amount and then an individual governmental entity sale total. Accounting summary of auction: This report includes total sales, sales tax, and total auction revenue. All of these reports can be reviewed at any time during the auction and final copies will be furnished immediately at the conclusion of your auction. All reports are printed in duplicate and can be reproduced in any quantity desired with our on -site copier. Karen Higgins is our office manager and will handle all of the above responsibilities. 29 3. Equipment Our firm continuously updates our equipment in order to advance and meet the incredible time lines demanded on us. Each time we are contracted, immediately our clients recognize that they have stepped up to a top drawer vendor. Naturally, the equipment required to conduct an auction begins somewhere between the receptionist to answer multiple telephone lines and the quality of the cameras used to photograph the equipment for the auction. Beyond the state -of -the art office to orchestrate the promotional phase of auction, we will supply at auction the following equipment: - multiple toll free telephone lines answered by live operators 24 hours -a day, every day. - on -site cellular phone. • self - contained portable office for accounting. - (2) generators to produce electricity. - (4) Liberty wireless sound systems enhanced with background music. • (2) Long Ranger wireless sound systems. - (1) Half Mile Hailer sound system (back -up). - (2) Compaq 486 -75 mhz computers w/battery back -up. - exclusive SOLD II auction software, multi user version. - (2) Printers. - fax machine. • copy machine. - portable "HOT SHOT" battery box to jump start vehicles. - permanently mounted steel drop box safe. - data/fax modem for computer link and/or receive documents. - attractive A -frame custom designed directional signs. all • prominent 4'x 4' double faced on site signage. • check acceptance with thumb print signature procedure. 4. Advertising Advertising plays a critical role in the successful marketing of your auction. In order to attract the greatest number of potential buyers, Karlin Daniel & Associates will advertise your auction as follows: our in -house advertising department will design, produce and distribute a minimum of -2,000 brochures or flyers to targeted buyers; display and distribute your brochures at Karlin Daniel & Associates conducted auctions occurring in the time frames pertinent to the City of Palm Beach Gardens' auction; distribute your brochures at local businesses and to City departments in appropriate quantities; advertise your auction on our Internet web site http: / /www.karlindaniel.com; advertise your auction in pertinent national trade journals as dictated by your inventory profile. National Auction Bulletin Truck Trader Farmer's Hot Line Car Trader Rock & Dirt Heavy Equipment Trader prominent, professional display ads in the following paper: The Palm Beach Post The advertising campaign will be coordinated by our staff specialist Holly Demers and supervised by Robert Smith and Karlin Daniel. 31 i CITY OF PALM BEACH GARDENS ANNUAL AUCTION SATURDAY • AUGUST 21st • 10:00 A.M. PALM BEACH POST (Full Circulation) 1 column by 4 inches Sunday $ 215.92 1 column by 4 inches Friday $ 181.28 1 column by 4 inches Saturday $ 181.28 Total 4 ads BROCHURES 2000 - brochures POSTAGE 1500 mailings @ 1 st. class rate 500 hand distributed MAILING LIST PHOTOGRAPHY SIGNAGE 2 - 4 feet by 4 feet billboard signs INTERNET WEB SITE TOTAL ADVERTISING BUDGET 32 $ 578.48 $ 135.00 $ 495.00 $ 150.00 $ 40.00 $ 125.00 $ 75.00 $1,698.48 Our firm's registration has a HOLD HARMLESS clause which helps to protect our seller from any claims brought by 3rd parties. Our firm's depth in auctioneers allows us to rotate the bid caller, creating a constant atmosphere of energetic bidding. Karlin Daniel, our firm's principal auctioneer with 20 years of auction experience, will actively participate in your auction campaign. We will issue press releases to the media about your auction. We will provide a "HOT SHOT" battery jump starter to display vehicles in running condition whenever possible. Our air - conditioned mobile office will be made available to all your staff. A concessionaire, providing cold drinks and food will be present to serve bidders and keep them on -site throughout the auction. Our staff can assist foreign buyers with translation skills in Spanish, French and German. Two weeks prior we will provide an on -site flyer distribution mailbox. Mr. Smith is often in your area a minimum of 2 times a week and easily accessible. 33 Karlin Daniel & Assistance will handle and transfer all titles to buyers on the day of the auction. We will have a notary available to transfer boat titles, if applicable, but Florida law no longer requires a notary's seal on car titles. Karlin Daniel & Associates will collect sales tax on all items inclusive of any motor vehicles and submit these takes to the State of Florida. 34 1. Personnel The professional auction staff at Karlin Daniel & Associates has set the standard for integrity and attention to detail within the auction industry. Our staff is comprised of full time career professionals with an unparalleled level of dedication and commitment to the auction profession. The full service auctioneers conducting your auction will all be fully licensed professionals suitably attired in matching white shirts, red ties and khaki trousers. This professional image instills confidence in the bidding public and will help insure the success of your auction. Biographies of all applicable staff are included in this proposal. 2. Advertising Karlin Daniel & Associates employs in -house advertising design staff. This ability to render camera ready advertising copy complete with computer scanned mapping graphics and art work insures accurate and consistent media advertising exposure. 3. Mail List Our mailing list consists of thousands of known buyers obtained from conducting auction campaigns from a myriad of governmental units. Custom lists can be then drawn by any combination of the following parameters: Commodity interest Zip code (geographically) Volume of previous purchases Attendance at similar auctions 4. Name Recognition The foundation of an auction firm is its credibility in the marketplace. In the south Florida marketplace, the Karlin Daniel & Associates distinctive logo has become the public's assurance of a credible and professionally conducted auction. This serves to encourage bidding activity providing for the highest possible selling prices. 35 KARLIN K. DANIEL, CAI, has the auction experience and talent to conduct any auction campaign from the initial analysis to the closing. In the past 20 years, Mr. Daniel has conducted over 4,000 auctions ranging in size and type from the minor surplus equipment auction to the major real estate auction. On every auction we contract, Mr. Daniel becomes personally involved and assumes complete responsibility of our auctions. R. TIMOTHY HOZA, combines his years of experience in the marketing of real estate with the research and development skills gained in real estate development, to allow him good knowledge within market trends and pertinent market data. His diligence and enthusiasm in the coordination of an auction campaign will prove to be to your benefit. ROBERT K. SMITH, has long been known in the auction profession as a seasoned and accomplished auctioneer. With over I8 years of experience, Robert has managed and conducted auction campaigns ranging from the Nelson Bunker Hunt bankruptcy in Texas to multi - faceted real estate auctions. Mr. Smith is focused on customer service, long range client relations and is very capable of representing his clients with the highest degree of professionalism. F.W. "RICK" BAKER offers the clients of Karlin Daniel & Associates a broad range of experience including real estate sales, public relations, promotions, marketing and appraisals. His areas of expertise include real estate, furniture, fixtures and equipment marketing at auction. ALAN B. FRENKEL, whose attention to detail and management qualities assure our firm and Alan's clients that all relative tasks and performances required when conducting an auction campaign, has been completed in a timely fashion. Alan's personal interests and accomplishments in the field of antiques and art, further enhances his ability to deliver professional auction services. C. TERRY IVERSON, Municipal Auctions Director, has over fifteen years of public purchasing experience. He is aware of the special requirements of surplus property disposal in the public arena. Terry is available to the governmental clients of Karlin Daniel & Associates to assure that their surplus property is disposed of fairly, legally and cost effectively. BRANDON D. TUCKER, is a Florida native and graduate of Florida State University. Mr. Tucker's long involvement with agriculture provides him with an insight to the change and demand of a seasoned real estate professional. Mr. Tucker is involved in many of the Investment Recovery services provided by Karlin Daniel & Associates with an emphasis in appraisal services. ROBERT H. EWALD, whose background in the financial and legal arenas assures an attention to detail that, result in his clients auctions being handled in an efficient and remunerative manner. Dealing extensively within the various court systems, Mr. Ewald handles his client's matters with an unquestioned degree of proficiency and accountability. KAREN J. HIGGINS, office manager, accountant and head cashier, consistently maintains accurate records and provides you with the assurance of accuracy when you receive your funds. Her good attitude and preciseness provide you and our team with the essentials of success. HOLLY W. DEMERS heads our advertising department. Her innovative layouts and attention to detail is certain to provide accurate advertisements and consistency within your auction marketing. It is Holly's department that assures timely releases of auction events. BARBARA M. DANIEL, is very active in all phases of our company., In addition to being the mainstay at the office, she is responsible for assuring that auction campaigns are delivered without problems. Whenever our company is contracted to dispose of personal items within an estate, all organization is personally supervised and directed by Mrs. Daniel. PATTI R. METCALF, Patti is responsible for what we like to call "The Heart of the Company ", our clients and customers. She is whom we depend on for our D -Base management. With over 15 years experience in retail management, Patti is a great people person and therefore perfect for handling client's and customer's needs. Patti is originally from the State of Florida. In addition to these well qualified professionals, we offer our clients the administrative staff and the personnel necessary to conduct a major auction campaign. 36 Karlin Daniel & Associates, Inc., will provide, at a minimum, staff as specified in the Invitation to Propose. Staff availability for Karlin Daniel & Associates includes eight (8) full time, licensed auctioneers; two (2) cashier /registration clerks; and one (1) accountant. Karlin Daniel & Associates, Inc., will require only enough City staff to assist with transport and final placement of sale items the week of the auction prior to auction day (see Project Approach page 35). The next page is our firm's organization chart and listing of staff assignments. 37 Auctioneers F.W. "Rick" Baker Auctioneer Robert H. Ewald Auctioneer Alan B. Frenkel Auctioneer R. Timothy Hoza Auctioneer Robert K. Smith Auctioneer Organization Chart Karlin K. Daniel President, Owner, Principal Auctioneer Office /Support Staff Karen J. Higgins Office Manager Holly W. Demers Advertising Barbara M. Daniel Customer Service Patti Metcalf Data Base Manager Municipal Division Charles T. Iverson Municipal Auction Director Apprentice Auctioneer Brandon Tucker Apprentice Auctioneer /Appraisal Coordinator 4. ASSIGNMENTS: All auctioneers perform professional auction calling service, serve as ringmen, assist with auction set up on the day of auction and perform any other work required. Karen Higgins is the registration and cashiering supervisor. She will assume all accounting responsibilities. Holly Demers will design and supervise production of auction advertisements and brochures. She will assist with registration and cashiering on the day of auction. Barbara Daniel maintains the bidder lists, expedites mail -outs and serves as primary auction clerk on the day of auction. Karlin Daniel is the principal auctioneer and overall auction advisor. Robert Smith is project manager and primary contact for all governmental auction campaigns. 38 z O U d 0 O R w w H = _F �y J .27 L N N C .r7 v C C cU0 •in �pO D. > > a O J m s�o�mx �} •paj 47 N oQ�sA.g'O O a W Q% > /�I O N R Y > O •fl w $ m v W'5o>8�`Ag > >�o�.$ °w° e> °� o ° 31 R N� o -4j 8 z o LCy Q O S. QfV ¢- ;so. U���; =.s �x C 4 ge- W x 7a0�. Q ao4�od68 °M o s E E W O O O O O M O O Izz 00 M 39 q z a- O,, .. cs 0-4 cd s� .s 8 r � V v 8 EL A of al V y QQ :0Q Z.s to a O N 7 V F, U�, >p �D °A r 105L 0 Ra ..° 0.2 > o o°r� 63 p > gS O y•�•s � O O po =� 9 U O 0 bq p0., qo�o� 202 > y q�tn�x,�a� e° 0 'J" `-9 o A as zbsors�-- R. pg tw x 0 �'~¢ �¢ 3Qv�i aE o a•� 39 q z a- O,, .. cs 0-4 cd s� .s 8 r � V v 8 EL A of al V y QQ :0Q Z.s to a O N 7 V F, U�, >p �D °A r 105L 0 Ra ..° 0.2 Karlin K. Daniel, the founder and President of KARLIN DANIEL & ASSOCIATES, INC., provides our firm and the clients we serve with an excellence of quality in the auction and appraisal industry. Mr. Daniel has been licensed in the real estate industry since 1970 and has been solely engaged in the auction and appraisal profession since 1979. His accomplishments as an auctioneer include being the lead auctioneer in nearly 200 successful auction campaigns per year in the past twenty years with a rate of 99% of the projects undertaken being sold at auction. In addition to the over 4,000 auction campaigns conducted, he has pursued a course of educational improvement within the auction and appraisal industry. Listed are the specialized courses attended: Weikel School of Auctioneering, Lexington, Kentucky; Reich Intl College of Auctioneering, Mason City, Iowa; Certified - Auctioneer's Speakers Bureau; Indiana University School of Continuing Education, Graduate of Certified Auctioneers Institute; University of Kentucky continuing education for real estate appraisals; and other seminars provided by the state and national professional trade organizations. Additionally, he is a member of: National Auctioneers Association; Florida Auctioneers Association; Certified Auctioneers Institute, with C.A.I. designation; Speakers Bureau for the Certified Auctioneers Institute; Civically speaking, Mr. Daniel demonstrates his sense of community responsibility by taking active roles in the leadership of the following: First National Bank & Trust Company- Advisory Board Stuart Martin County Chamber of Commerce - Vice President of the Board of Directors; Historical Society of Martin County - Board of Trustees; Treasurer; Stuart Sunrise Rotary; Tri-County TEC - past board member; Big Brothers/Big Sisters - past board member; Leadership Martin County - past Alumni Board member. Florida Auctioneer's License #: AU1207 Florida Real Estate Broker's License #: BK0583791 Florida Yacht Broker's License #: 2039 40 Karlin Daniel & Associates is very pleased to have Robert Smith on staff as an associate of our firm. Robert's background of over 18 years within the auction industry provides our entire organization and our clients with the competence, skill and insight into the profession of delivering professional auction services for the timely marketing of real estate and personal property. Since ML Smith was raised on a thoroughbred farm in Maryland by his family of respected auctioneers, Robert was introduced to the auction profession at an early age. After graduating from McDonogh Preparatory School, Robert attended Loyola College studying business administration. In order to have the best formal training in the auction industry, Robert graduated from Repperfs School of Auctioneering and has continued to aspire in attending the Certified Auctioneers Institute sponsored by Indiana University. Robert is the seventh licensed auctioneer in the State of Florida and has conducted auctions in thirty-two states within America. He is licensed in Virginia, Maryland and Pennsylvania and has been active in selling real estate in Florida since 1983. He is a member of the Florida and National Auctioneers Associations, has competed on a statewide basis for bid calling and has been the program speaker at state auction conventions. Mr: Smith offers diverse experience to our clients in many ways. He has managed and conducted auction campaigns ranging from the Nelson Bunker Hunt bankruptcy in Texas, to multi- faceted real estate auctions for the U.S. Government, such as projects for the RTC, FDIC, HUD, Corporate America, national, regional and local financial institutions, as well as the private sector. Robert retains auction expertise in all fields of real estate, antiques and estates, industrial and business liquidations, automobiles, heavy equipment, in addition to yachts, thoroughbred horses, and charitable auction campaigns. Civically speaking, Robert is active in several organizations. He is a member of The Hobe Sound Chamber of Commerce, Hobe Sound Rotary, a board member for the National Advisory Board of the Adam Walsh Children's Fund, involved in fund raising for Hospice, Home Safe and many other worthwhile organizations. Robert Smith compliments a professional team of high integrity individuals within Karlin Daniel & Associates. Mr. Smith is focused on customer service, long range client relations and is available to assist within the marketplace. Florida Auctioneer's License #: AU007 Florida Real Estate Broker's License #: BK0424249 41 BID s UC. # AUCTION REGISTRATION Karlin Daniel & Associates, Inc. Lleeas.a Peal Estate Bc ke • FL M87SAU1207 50 SE Kindred Street • Suite 103 Stuart, FL 34994 (561)220 -2557 NAME: COMPANY NAME: ADDRESS: CITY: STATE: ZIP BUS. TEL. # HOME TEL. # CODE: DO YOU PAY SALES TAX? Yes No - If no, please fill remaining portion of blanket certificate of resale: This is to certify that all material, merchandise, or goods purchased by the undersigned from and thereafter is purchased for the following purpose. (Today's Date) _Resale as tangible personal property. To be incorporated as a material or part of other tangible personal property to be produced for sale by manufacturing, assembling, processing or refining. To be exported for sale, use, or consumption outside the continental limits of the United States. Other This certificate shall be considered a part of each order which we shall hereinafter place provided such order contains our certificate number. This is to continue in force until revoked in writing. Certificate No. Dated CHECK METHOD OF PAYMENT: Cash: - -- Check with Bank Letter of Credit: Buyer acknowledges that tendering a check which is returned for insufficient funds or in any other way dishonored could result in civil and/or criminal liability and penalties attendant thereto. Buyer further acknowledges that if Buyer or his agents, employees or anyone acting on Buyer's behalf tenders a check which is dishonored for any reason whatsoever, Buyer will 4w--diately, upon notice from Auctioneer or Seller of the dishonor, tender a certified check equal to the amount of the dishonored check, plus $25.00 as a returned check charge. Buyer's failure to tender a certified check plus $25.00, will result in a police report being filed and charges pressed accordingly. TERMS AND CONDITIONS OF SALE 1. EVERYTHING IS SOLD 'AS ISM WHERE IS' - "NO GUARANTEES OR WARRANTIES ". There are no express warranties or implied warranties of merchantability or fitness for a particular purpose whatsoever. 2. ALL SALES ARE SUBJECT TO 10% BUYER'S PREMIUM, ADDED TO THE BID PRICE. 3. ALL ITEMS MUST BE PAID IN FULL ON DAY OF SALE. 4. ALL ITEMS MUST BE REMOVED ON DAY OF SALE, (UNLESS OTHERWISE STATED IN THE OPENING ANNOUNCEMENTS), or they will be considered forfeited and become the property of the seller or the auctioneer. 5. ALL SALES ARE SUBJECT TO FLORIDA SALES TAX UNLESS A COMPLETED FLORIDA SALES TAX CERTIFICATE OF RESALE IS ON FILE AT THE TIME OF REGISTRATION. NO E)CCEPTIONSL 6. The Auction Company cannot be involved in trading of merchandise betwoon buyers. Buyer numbers cannot be changed or tickets split. These activities must be conducted off the auction premises. 7. Buyer hereby agrees that any suit, action or legal proceeding arising out of or relating to the auction shall be brought solely and exclusively in the courts of the State of Florida in and for Martin County, Florida, and consent to the jurisdiction of such court in any suit, action or proceeding and waive any objection which it may have to the laying of venue of any such suit, action or proceeding in such court. Further, the parties acknowledge and agree that this Auction Registration and all transactions contemplated by this Auction Registration shall be governed by, construed and enforced in accordance with the internal laws of the State of Florida without regard of principles of conflicts of laws. 8. The Buyer, its agents, employees or any other parties acting on'its behalf, specifically agree to HOLD HARMLESS Auctioneer, its officers, directors and employees, for any injuries or damages arising from any activities associated with the auction, including but not limited to, the removal of auction items from the premises. Further, Buyer agrees to indemnify Auctioneer and /or Seller from any claims brought by third parties against Auctioneer arising from or out of the Auction which are in any way attributable to any acts or omissions on the part of the Buyer. 9. The undersigned, in his or her individual capacity, personally guarantees payment of the gross bid. 10. In the event that Auctioneer or Seller are required to take any action to enforce the terms of this Auction Registration, Auctioneer and /or Seller shall be entitled to recover from Buyer all of their reasonable attorneys' fees and costs. Reasonable attorneys' fees shall include those fees incurred before, during and after litigation, including those incurred in attempting collection without litigation, and in litigating in all trial and appellate levels, as well as those incurred in any bankruptcy proceedings and post- judgment proceedings. 11. BUYER DOES HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING IN CONNECTION WITH THIS AUCTION REGISTRATION OR THE AUCTION ITSELF. 12. All parties signing this Auction Registration in any representative capacity represent that they have the authority to sign on behalf of such party or entity. 13. It is further acknowledged by Buyer that this Auction Registration has been read and understood by Buyer before signing it and that Buyer understands and consents to its contents. Signature: Print Name: Individually and as (Title) of (Business Name) CONTINUING APPLICABILITY OF AUCTION REGISTRATION In order to avoid the necessity of completing this form each time an auction is attended, the Buyer registering herein agrees that this Auction Registration shall have continuing applicability to all auctions conducted by Karlin Daniel Auctioneers subsequently attended by Buyer and /or his agents, employees or any other parties acting on behalf of the Buyer. Signature: 42 Print Name: Individually and as (Title) of DISTRIBUTION OF AUCTION PROCEEDS Proceeds form the auction will be distributed on the tenth business day following the auction date. FEE FOR SERVICE A ten percent (10 %) buyer's premium will be charged to each successful bidder. This buyer's premium will be retained by Karlin Daniel & Associates, Inc. as fee for service. The City of Palm Beach Gardens will receive the benefit of the full bid price. Cost of auction service is borne by the successful bidders. It should be noted that all advertising, personnel staff and costs of sale are paid from this fee as well. 5[c3 Karlin Daniel & Associates, Inc. 50 SE Kindred Street • Suite 103 • Stuart, Florida 34994 • (561)220 -2557 • FLN AB878- AU1207 AUCTION AGREEMENT This AUCTION AGREEMENT, made and entered into this 5th day of Auqust 19 99 by and between City of Palm Beach Gardens of Palm Beach Gardens, Florida hereinafter referred to as "SELLER" and KARLIN DANIEL and ASSOCIATES, Inc. Auctioneers, Real Estate Brokers, and Yacht Brokers, hereinafter referred to as "AUCTIONEER ". For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Seller does hereby give Auctioneer the exclusive right to sell at public auction the following described real and /or personal property, to wit; All items listed as per attached list & marked exhibit' A' , to be provided by the City of Palm Beach Gardens Auction location: City of Palm Beach Gardens Public Works Facility, 3704 Burns Rd., Palm Beach Gardens The Seller does hereby agree to pay to the Auctioneer for its services in conducting said sale a fee of N/A percent of the highest and last bid, made and taken on said real property, notwithstanding the owners refusal or inability to transfer title to said property, and -0- percent of the net bid(s) on said personal property. The fee(s) and any costs are to be paid out of first proceeds received from the sale. In no event shall the total fee be less than as stated due and payable the day of sale. However, the fee may be deducted from the Seller's funds at closing in the event Auctioneer elects to delay payment. This auction (is) (ic :ct) subject to a 10% Buyer's Premium; and in the event the Buyer's Premium is a �- term at the auction, all references herein to highest and last bid shall include said Buyer's Premium. The Seller hereby agrees to pay the following auction expenses over and above the fee percentage stated above: Advertising $ -0- Survey $ -0- Tent $ -0- Auction Set -up $ -0- Repairs $ -0- Catering $ -0- Other $ -0- The Seller warrants that (1) it (is)(a*e) the sole and legal owner(s) of all the real and /or personal property mentioned in this agreement; (2) the real and /or personal property is free from any and all liens, adverse claims, encumbrances, concealed physical defects and any environmental problems as defined by Federal or State law except as listed in this paragraph; and (3) it (hasHh_•c) full authority to sell and to dispose of said property in accordance with this agreement and will give marketable title to said property. No liens exist. It is understood and agreed that none of the property herein listed for sale shall be withdrawn from this agreement except by the express written consent of the Auctioneer. The Auctioneer agrees to use its best efforts to obtain the best possible price of said property and to do all things necessary to effect such sale. It is understood and agreed that the Auctioneer by this agreement assumes no liability for the loss by fire, theft, destruction or damage to the property to be sold or to the premises where the sale is to be conducted or for any losses or deficiencies caused by insufficient funds on any checks received for payment for any property sold. The terms of the above mentioned sale are as follows: All items sell ' AS IS' , payment in full day of auction, cash or approved check to bid, a 10% buyer's premium shall be charqed and retained by auctioneer as In the event that the terms of this auction require an earnest money deposit, and the purchaser at auction then defaults, the earnest money deposit will be divided equally between the Seller (as damages) and the Auctioneer (as fee). In no event shall the auctioneer receive more than the fee shown above. The Auctioneer shall also receive accrued interest on any escrowed funds. This Agreement is binding upon the parties hereto and their heirs, successors and assigns. The parties hereby agree that any suit, action or legal proceeding arising out of or relating to the auction shall be brought solely and exclusively in the courts of the,State of Florida in and for Palm Beach County, Florida, consents to the jurisdiction of such court in any suit, action or proceeding and waives any objection which it may have to the laying of venue of any such suit, action or proceeding in such court. Further, the parties acknowledge and agree that this Auction Agreement and all transactions contemplated by this Auction Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida without regard of principles of conflicts of laws. Further, Seller agrees to indemnify Auctioneer from any claims brought by third parties against Auctioneer arising from or out of the Auction which are in any way attributable to any acts or omissions on the part of the Seller. In the event that either party is required to take any action to enforce the terms of this Auction Agreement, the prevailing party shall be entitled to recover all of their reasonable attorneys' fees and costs. Reasonable attorneys' fees shall include those fees incurred (a) before, during and after litigation, including those incurred in attempting collection without litigation, (b) in litigating in all trial and appellate levels, (c) in any bankruptcy proceeding and (d) in any post- judgment proceeding. The parties DO HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING IN CONNECTION WITH THIS AUCTION AGREEMENT OR THE AUCTION ITSELF. All parties signing this Auction Agreement in any representative capacity represent that they have the authority to sign on behalf of such party or entity. Said Auction is to be conducted on the 21st day of Auqust , 19 99 at 10:00 a.m. /p.m The personal property listed herein is being sold on a(n) ABSOLUTE basis. WE HAVE READ THE ENTIRE CONTENTS OF THIS AGREEMENT, UNDERSTAND FULLY THE CONTENTS THEREOF, ACKNOWLEDGE RECEIPT OF A COPY OF SAME. We are not relying upon verbal statements not contained herein. SS# SS# SELLER AUCTIONEER: KARLIN DANIEL & ASSOCIATES, INC. By AUTHORIZATION TO DISCLOSE We authorize the following reason(s) for selling our property to be disclosed: In order to dispose of the following surplus vehicles and equipment, Karlin Daniel & Associates has been authorized to sell the following at public auction to the HIGHEST BIDDER REGARDLESS OF PRICE! Date Seller Signature —"d1f..W Date Seller Signature CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 5, 1999 Date Prepared: July 22, 1999 Expressing the Council's Declaration of Intent to Reimburse Certain Original Expenditures with Proceeds of Certain Tax - Exempt Obligations Subject /Agenda Item Consider a motion to approve Resolution 91, 1999 Recommendation/Motion: Reviewed by: City Attome ^,(J Finance ACM_ Human Res. Other Originating Dept.: Finance Advertised: Date: Paper: Submitted by: KKK [ X ] Not Required Finance Director Affected parties Approved by: [ ] Notified City Manager [ X ] Not required BACKGROUND: Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct. #:: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Resolution 91, 1999 [ ] None MEMORANDUM TO Bobbie Herakovich, City Manager FROM Kent R. Olson, Finance. Director SUBJECT Resolution 91, 1999 DATE July 23, 1999 BACKGROUND The City is allowed by the United States Treasury regulations to reimburse itself for costs incurred for projects which will be financed with debt. The City adopted a similar resolution last year for the construction of the new Tennis Center. DISCUSSION The City's Proposed Fiscal Year 1999/2000 Budget incorporates the issuance of debt to repay the General Fund's expenditures for the construction of Fire Station #3, the acquisition of a Fire Engine for that station and the acquisition of thirty -three acres of land from the MacArthur Foundation, which includes the Tennis Center site. In order to issue debt to repay the General Fund, the City needs to adopt a resolution authorizing the reimbursement of costs incurred with these projects. RECOMMENDATION I recommend that the City adopt Resolution 91, 1999, providing for reimbursement of expenses that will be incurred in the construction of Fire Station 3, the acquisition of a Fire Engine and the acquisition of parkland. July 22, 1999 RESOLUTION 91, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, EXPRESSING THE COUNCIL'S DECLARATION OF INTENT TO REIMBURSE CERTAIN ORIGINAL EXPENDITURES WITH PROCEEDS OF CERTAIN TAX- EXEMPT OBLIGATIONS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens plans to borrow funds to finance the purchase of land improvements and certain equipment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. This Resolution is adopted for purpose of United States Treasury Regulation Section 1.150 -2. Section 2. The City of Palm Beach Gardens, Florida (the "City ") intends to finance the purchase of land for certain recreational facilities, including tennis courts, the purchase of.a fire engine and the construction of a new fire station. The maximum principal amount of debt expected to be issued for the projects is $3,000,000. The City reasonably expects that it will reimburse original expenditures made on the projects with proceeds of the debt. Section 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO DAY OF AUGUST 1999. JOSEPH R. RUSSO, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY AYE NAY ,ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date:, August 5, 1999 Date Prepared: July 22, 1999 Uniform Traffic Control Agreement Lexington Green Condominium Association, Inc. Subject /Agenda Item: Consider a motion to approve Resolution 92, 1999, approving an agreement between the City and Lexington Green Condominium Association, Inc. Regarding uniform traffic control on private streets and roadways in the Lexington Green Condominium Association, Inc. Recommendation/Motion: Reviewed by: „� Originating Dept.: Police Costs: $ 0 Total Council Action: City Attome '041 tia \ [ ] Approved Finance $ [ ] Approved w/ conditions Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Paper [ ] Other Resolution 92, 1999 Agreement Memo from Sgt. Brown Plat Documentation [X ] Not Required Certificate of Insurance Submitted by:ha�� Department Director Affected parties [ X 1 Notified Budget Acct #: N/A [ ] None Approved by: City Manager [ ] Not required BACKGROUND: The Lexington Green Condominium Association, Inc.; a private community, has requested traffic enforcement by the Palm Beach Gardens Police Department. All criteria necessary to execute said agreement has been fulfilled and copies of all pertinent documents are attached. Pursuant to F.S.S. 316.006 (2) (a) (b) (1) (2) and upon execution of an agreement between the community and the City, the Palm Beach Gardens Police Department shall begin enforcing uniform traffic control on the streets and roadways within Lexington Green. July 22, 1999 RESOLUTION 92, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND LEXINGTON GREEN CONDOMINIUM ASSOCIATION, INC. REGARDING UNIFORM TRAFFIC CONTROL ON PRIVATE STREETS AND ROADWAYS IN THE LEXINGTON GREEN COMMUNITY, AUTHORIZING THE MAYOR TO EXECUTE SAME, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statute 316.006(2)(b)(1997) provides that municipal law enforcement officers, upon execution of an agreement between a private community and a municipality, shall then have the power to enforce uniform traffic control on the private streets and roadways within the Lexington Green community; and WHEREAS, Lexington Green Condominium Association, Inc. requested the City provide traffic enforcement on its private streets and roadways in the Lexington Green Community; and WHEREAS, the City agrees to provide such uniform traffic control over the private streets and roadways in the Lexington Green Condominium Association, Inc. pursuant to the provisions of the state statute. 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 authorizes the Mayor and City Clerk to execute a Traffic Control Agreement between the City and Lexington Green Condominium Association, Inc. SECTION 2. This Resolution shall take effect upon the date it is adopted. RESOLUTION 34, 1999 PAGE 2 INTRODUCED, PASSED, AND ADOPTED THIS DAY OF AUGUST 1999. MAYOR JOSEPH R RUSSO ATTEST: APPROVED AS TO LEGAL LINDA V. KOSIER, CMC, CITY CLERK FORM AND SUFFICIENCY CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO MUNICIPAL TRAFFIC CONTROL AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND Lexington Green Condominium Associates, Inc. THIS AGREEMENT, (the "Agreement") made and entered into this day of 199_, by and between the City of Palm Beach Gardens, a Florida municipal corporation (the "City ") and Lexington Green Condominium Associates, Inc., a corporation formed and existing under the laws of the State of Florida (hereinafter referred to as the "Association "), whose address is 300 Avenue of the Champions, Palm Beach Gardens, Florida 33418. WHEREAS, § 316.006(2), Fla. Stat., provides jurisdiction to municipalities over all streets and highways located within their boundaries for purposes of traffic control; and WHEREAS, pursuant to § 316.006(2)(b), Fla. Stat., a municipality may exercise traffic control over private roads located within its boundaries pursuant to a written agreement between the municipality and the party or parties owning or controlling the roads; and WHEREAS, the Association owns or controls the roads located within its community, a description of which is attached hereto as Exhibit "A"; and WHEREAS, the Association seeks to have the City provide uniform traffic control over the roads located within the Lexington Green Community; NOW, THEREFORE, in consideration of the mutual promises made herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows. 1. The Agreement. The City agrees to provide, and the Association agrees to accept the services of the Palm Beach Gardens Police Department enforcing uniform traffic control in and on the streets and roadways located within the Lexington Green Community, as more particularly described in Exhibit "A." 2. The Term. This Agreement shall commence 9 and shall remain in effect until canceled as provided herein. 3. Cancellation. This Agreement may be canceled with, or without cause, by either party upon thirty (30) days advance written notice. Notice of cancellation shall be provided in accordance with the terms herein. 4. Traffip Control $jgnJQevice $chpIple and „Main#enanpe. TheAssociation agrees to provide, erect and maintain, at its sole cost, state - approved traffic control signs and /or devices throughout the Lexington Green Community for the duration of this Agreement. This Agreement shall not take effect until all such signs and /or devices are installed and fully operational. The City shall inspect the Lexington Green Community prior to commencement of this Agreement to insure compliance with this provision. Failure to comply with this provision, including failure to properly maintain the signs /devices, shall relieve the City of all obligations hereunder. 5. Indernnjfic1tion. The Association agrees to indemnify City and its officials, employees and agents (collectively the "City”) against, and to hold City harmless from and against, and to reimburse City on demand by City for any liability, damage, loss, cost or expense (including attomeys' fees and costs of investigation incurred in defending against and /or settling such liability, damage, loss, cost or expense or claim therefor and any amounts paid in settlement thereof) (collectively, "Losses") imposed on or reasonably incurred by City with respect to this Agreement. 6. Insurance. The Association shall, at all times during the duration of this ,. Agreement, maintain adequate and appropriate insurance and liability coverage sufficient to satisfy the indemnification obligations hereunder. The Association shall provide proper documentation of same prior to this Agreement taking effect and at all times thereafter . upon the City's reasonable request. The City shall have sole discretion to determine the adequacy of the insurance and documentation provided hereunder. 7. Jurisdiction and Venue. The parties acknowledge that a substantial portion of negotiations, anticipated performance and execution of this Agreement occurred or shall occur in Palm Beach County, Florida, and that, therefore, without limiting the jurisdiction or venue of any other federal or state courts, each of the parties irrevocably and unconditionally (a) agrees that any suit, action or legal proceeding arising out of or relating 2 a to this Agreement shall be brought in the courts of record of the State of Florida in Palm Beach County or the court of the United States Southern District of Florida; (b) consents to the jurisdiction of each such court in any suit, action or proceeding; © waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts; and (d) agrees that service of any court paper may be effected on such party as may be provided under applicable laws or court rules in said state. 8. Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, including allocated costs of in -house attorneys, court costs, and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 9. Notice. Any notices provided hereunder shall be considered delivered when given in person or when mailed through the U.S. postal service or a recognized express carrier and addressed as set forth below. Addresses may be changed from time to time but shall only be considered effective when notice of such change complies with the provisions for notice hereunder. As to the City: c/o Asst. Police Chief Dennis O'Rourke, Palm Beach Gardens Police Department, 10500 N. Military Trail, Palm Beach Gardens, FI 33410. As to the Association: cto Lexington Green Condominium, 300 Avenue of the Champions, Palm Beach Gardens, FL 33418. 9. Other Considerations. [to be completed if there are additional issues to address for any specific Community, if left blank, no additional considerations east] 3 $jGNATVRES TO FOLLOW IN WITNESS WHEREOF, the parties have set their hands and seals the date first above written. C:IASSIST -1 \TRAFFIC.AG R(319.058) CITY OF PALM BEACH GARDENS By: Mayor By: City Clerk Lexington Green Condominium Association, Inc. Its President (or officer duly authorized to bind Association) (Corporate Seal of Association) 4 EXHIBIT "A" PGA NATIONAL RESORT COMMUNITY PRIVATE STREETS TO BE SUBJECT TO TRAFFIC LAW ENFORCEMENT BY CITY POLICE PRIVATE STREETS DEDICATED TO LEXINGTON GREEN CONDOMINIUM ASSOCIATION, INC. STREET NAME Lexington Lane East Lexington Vane West SUBDIVISION NAME Lexington Green Lexington'Green DEDICATED BY PLAT PGA Resort Community Plat of Lexington Green PGA Resort Community Plat of Lexington Green PLAT BOOR /PAGE PB45, P18 PB45, P18 Private Streets in PGA National Resort Community Pagel To Be Subject to Traffic Enforcement by City Police January 28, 1999 ACORDrm CERTIFICATE OF LIABILITY INSURANCE I CATE(MMM/M 3/04/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE S e d g w i c k.. o f F L, I n c. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1 5 5 5 P a l m B c h L a k e s B l v d # 8 0 0 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. West Palm Beach, FL 33402 INSURERS AFFORDING COVERAGE INSURED INSURER A: A c c e p t a n c e I n s. C o. Lexington Green Condo Assn Inc INSURER B: c/o Communities Management Co INSURER C: 300 Avenue of the Champions INSURER D: Palm Bch Garden FL 33418 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER NWNTIVE DATE EXPIRATION DATE LIMITS GENERAL L I A a L n y C L 0 2 8 4 0 0 1 1 5 7 / 3 0 / 9 8 4 / 0 1 / 9 f EACH OCCURRENCE $ 10 0 0 0 0 0 FIRE DAMAGE ( Any one fire) $ 5 0 0 0 0 COMMERCIAL GENERAL LIABILITY CLAIMS MADE n OCCUR MED EXP ( Any one person) $ PERSONAL & ADV INJURY $ 10 0 0 0 0 0 GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY Fj E0T LOC PRODUCTS - COMP /OP AGG $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS BODILY INJURY NON -OWNED AUTO (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ D(CESS LIABILITY OCCUR F-1 CLAIMS MADE EACH OCCURENCE $ AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' UABIM WC STATU- OTH- FR E.L. EACH ACCIDENT $ E.L. DISEASE -EACH EMPLOYEE $ E.L. DISEASE- POLICY LIMIT $ OTHER TOTAL LIMIT - ......,n.�. w.=— a not lKMng exduskm or Special Provisions. CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS TO L I A B I L T I Y COVERAGE. CEH ( WICATE HOLDER I I ADDITIONAL INSURED; INSURER LE I I tK CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL PALM BEACH GARDENS, FL 33410 ACORD 25S (7/97) Page 1 oft CANCFI I ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCn i — BEFORE THIS EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE To Do So SHALL I IMPOSE NO OBLIGATION OR LIABILITY OF ANY IOND UPON THE INSURER, ITS AGENTS OR REPRESENTATNES. (C)AGORD GORPORATION 1988 interoffice ME M O RA N DU M to: Lt. Facchine L/ cc: from: SGT GLENN T. BROWN ' re: Lexington Green - PGA National date: June 8, 1999 Sir, Regarding the Enforcement agreement requested by Lexington Green in PGA National, I contacted Officer Shackelford who has advised that all signage in this subdivision has been corrected and is now in compliance with DOT standards. from the desk oL SGT GLENN T. BROWN TRAFFIC UNIT COMMANDER PALM BEACH GARDENS POLICE DEPT. 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL 33410 561- 622 -2111 Fax: 561 - 624 -0813 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 07/26/99 Subject/Agenda Item Resolution 93, 1999 - Making certain amendments and modifications to Resolution 166, 1996 and Resolution 84, 1999 Recommendation /Motion: Staff recommends approval of Resolution 93, 1999, authorizing the amendments. Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorney( Finance Total [ ] Approved Finance $ [ ] Approved w/ conditions Current FY ACM, ( [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Paper: [ ] Other Memorandum Submitted by: P(] Not Required Kent R. Olson mo Department Director Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [ X ] Not required BACKGROUND Resolution 166, 1996 - adopted November 16, 1996, authorizing the issuance of bonds in an amount not to exceed $19.1 million. Resolution 84, 1999 - adopted July 1, 1999, authorizing the issuance and sale of bonds in the amount of $3.7 million. Resolution 93, 1999 makes technical changes to convert the 1999 bond issue into a bank loan at the request of the winning bidder, SunTrust Bank. MEMORANDUM TO Bobbie Herakovich, City Manager FROM Kent R. Olson, Finance Directorkko SUBJECT : Resolution 93, 1999 - 1999 Bond Issue DATE July 26, 1999 BACKGROUND The City's last series of bonds for the Municipal Complex were sold on July 20 to SunTrust Bank. Since the bank will be holding the bonds in their portfolio, they have requested to convert the debt into a bank loan format. DISCUSSION As SunTrust did a year ago when they won the bid, SunTrust has asked us to set up the debt retirement as a bank loan rather than as a bond issue with one bondholder. We have made this accommodation for our 1996 and 1998 bonds when they were purchased by banks(First Union and SunTrust, respectively). Mark Raymond, the City's bond counsel, has drafted Resolution 93, 1999 to make the changes needed to meet SunTrust's needs. There is no negative imbact for the City to accommodate this request. RECOMMENDATION I recommend the City adopt Resolution 93, 1999 to convert the 1999 bond issue into a bank loan for SunTrust. RESOLUTION 93, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA MAKING CERTAIN AMENDMENTS AND MODIFICATIONS TO RESOLUTION 166, 1996 AND RESOLUTION 84, 1999 OF THE CITY COUNCIL RELATING TO THE CITY'S GENERAL OBLIGATION BONDS, SERIES 1999; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution 166, 1996 and Resolution 84, 1999 (collectively, the "Bond Resolution ") the City Council of the City of Palm Beach Gardens, Florida (the "Issuer ") authorized the issuance of the City's $3,700,000 aggregate principal amount General Obligation Bonds, Series 1999 (the "Series 1999 Bonds ") and authorized the sale thereof by competitive bid; and WHEREAS, bids were received on July 20, 1999 and the bid proposal offering the lowest interest rate to the City was submitted by SunTrust Bank, South Florida, N.A. (the "Bank ") and the sale of the Series 1999 Bonds was therefore awarded to the Bank; and WHEREAS, because the Series 1999 Bonds are being sold to a financial institution and not for reoffering, certain amendments that are in the interest of the City may be made to Resolution 166, 1996 and Resolution 84, 1999. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Authoz,ity „for this Resolution. This Resolution is adopted pursuant to the provisions of the Act (as defined in the Bond Resolution) and the Bond Resolution. Section 2. Definitions. All terms defined in the Bond Resolution shall have the same meanings herein. Section 3. Terms of the Series 1999 Bonds. Notwithstanding anything to the contrary contained in the Bond Resolution, the terms of the Series 1999 Bonds shall be as set forth in the Series 1999 Bonds, the form of which is attached hereto as Exhibit A. To the extent of any conflict between the terms of the Series 1999 Bonds and the provisions of the Bond Resolution, the Bond Resolution is superseded and amended. Section 4. Continuing Disclosure Compliance; Book- Entr_v System. Resolution 84, 1999 is hereby amended by deleting therefrom Section 9, Entitled "Continuing Disclosure Compliance,” Section 11, entitled "Book -Entry System" and Exhibit D, consisting of the "Letter of Representations" and by renumbering Section 10 thereof as Section 9 and Sections 12 through 16, respectively, thereof as Sections 10 through 14, respectively. Section 5. Resolution to Constitute a Contract. In consideration of the purchase and acceptance of the Series 1999 Bonds authorized to be issued hereunder by those who shall be the Bondholders from time to time, this Resolution shall constitute a contract between the Issuer and such Bondholders, and all covenants and agreements herein set forth to be performed by the Issuer shall be for the equal benefit and security of all of the Bondholders. Section 6. No Implied Beneficiary. With the exception of any rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Resolution or the Series 1999 Bonds is intended or shall be construed to give any person other than the Issuer, the Paying Agent and the Bondholders any legal or equitable right, remedy or claim under or with respect to this Resolution, or any covenants, conditions, or provisions herein contained; this Resolution and all of the covenants, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the Issuer, the Paying Agent or the Bondholders. Section 7. Severabilit_y. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable in any context, the same shall not affect any other provision herein or render any other provision (or such provision in any other context) invalid, inoperative or unenforceable to any extent whatsoever. Section 8. Repealer. All resolutions or parts thereof of the Issuer in conflict with the provisions herein contained are, to the extent of any such conflict, hereby superseded and repealed. Section 9. Effective Date. This Resolution shall be effective immediately upon its adoption. [Signatures are on Page 3] -2- INTRODUCED, PASSED AND ADOPTED this 5th day of August, 1999. MAYOR JOSEPH R. RUSSO ATTEST: APPROVED AS TO LEGAL FORM LINDA V. KOSIER, CMC, CITY CLERK AND SUFFICIENCY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO WATTERSON, HYLAND & KLETT, P.A. CITY ATTORNEY AYE NAY -3- ►91- No. R -1 EXHIBIT A UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF PALM BEACH GARDENS, FLORIDA GENERAL OBLIGATION BOND SERIES 1999 $3,700,000 Interest Maturity Date: Original Dated Date: Rate: 4.85 % July 1, 2019 July 1, 1998 REGISTERED OWNER: SUNTRUST BANK, SOUTH FLORIDA, NATIONAL ASSOCIATION PRINCIPAL AMOUNT: THREE MILLION SEVEN HUNDRED THOUSAND AND N01100 DOLLARS City of Palm Beach Gardens, Florida (hereinafter called the "Issuer "), for value received, hereby promises to pay to the Registered Owner identified above, or to registered assigns or legal representatives, to the extent and from the sources pledged therefor, as described herein, on the Maturity Date identified above (or earlier as hereinafter provided), the Principal Amount identified above, upon presentation and surrender hereof at the office of the City Clerk of the Issuer or its successors, as Paying Agent (the "Paying Agent "), and to pay, to the extent and from the sources herein described, interest on the principal sum outstanding hereunder from the date hereof, or from the most recent interest payment date to which interest has been paid, at the Interest Rate per annum identified above computed on the basis of a year of 360 days consisting of twelve thirty day months, until payment of the principal sum, or until provision for the payment thereof has been duly provided for. Interest will be paid by check or draft mailed on the Interest Payment Dates (hereinafter defined) to the Registered Owner hereof at the address of such Registered Owner as it appears on the registration books of the Issuer maintained by the City Clerk , or its successors, as Bond Registrar (the "Bond Registrar ") at the close of business on the fifteenth (15th) day (whethef or not a business day) of the month next preceding the Interest Payment Date (the "Record Date "), irrespective of any transfer or exchange of this Bond subsequent to such Record Date and prior to such Interest Payment Date, unless the Issuer shall be in default in payment of interest due on such Interest Payment Date. In the event of any such default, such defaulted interest shall be payable to the person in whose name this Bond is registered at the close of business on a special record date for the payment of such defaulted A -1 interest as established by notice deposited by the Issuer in the U. S. mails, postage prepaid, to the Registered Owner of this Bond not less than fifteen (15) days preceding such special record date. Such notice shall be mailed to the person in whose name this Bond is registered at the close of business on the tenth (10th) day (whether or not a business day) preceding the date of mailing. The interest hereon is due and payable on January 1, 2000, on which date the interest accruing from July 1, 1999 to and including December 31, 1999 shall be paid, and thereafter on each January 1 and July 1 (the "Interest Payment Dates "), for the period beginning on the preceding Interest Payment Date and ending on and including the day preceding such Interest Payment Date. Notwithstanding the foregoing, for so long as the Series 1999 Bonds shall be registered to SunTrust Bank, South Florida, N.A., or its successors or assigns, principal of, premium, if any, and interest on the Series 1999 Bonds shall be payable by direct deposit or wire transfer to the Bondholder on the Interest Payment Dates, or in such other manner as shall be agreed upon by the Issuer and the Bondholder, and presentation and surrender of the Series 1999 Bonds shall not be required. Installments of principal shall be due and payable on the Series 1999 Bonds, and shall be paid by the Issuer, on July 1 of the years and in the amounts set forth in the following table: Maturity: Amount: 2000 $120,000 2001 125,000 2002 130,000 2003 135,000 2004 140,000 2005 145,000 2006 150,000 2007 160,000 2008 165,000 2009 170,000 2010 180,000 2011 190,000 2012 195,000 2013 205,000 2014 220,000 2015 230,000 2016 240,000 2017 255,000 2018 265,000 2019 (Maturity) 280,000 A -2 M This Bond is issued to provide for payment of all or a portion of the cost of demolition, acquisition, construction and improving of the City hall, police station, fire station and /or municipal complex recreation facilities of the Issuer, pursuant to the authority of and in full compliance with the Constitution and laws of the State of Florida, including particularly Article VII, Section 12 and Article VIII, Section 2, the Charter of the Issuer, Chapter 166, Florida Statutes and other applicable provisions of law, and Resolution 166, 1996, adopted by the Issuer on November 21, 1996 as amended and supplemented (the "Resolution "). The full faith, credit and taxing power of the Issuer are irrevocably pledged to the prompt payment of the principal of and interest on this Bond. The Issuer has covenanted in the Resolution that in each Fiscal Year while any of the Bonds are outstanding there shall be assessed, levied and collected a tax, on all taxable property within the corporate limits of the Issuer (excluding exemptions as required by applicable law), sufficient in amount to pay the principal of and interest on the Bonds as the same shall become due. The Series 1999 Bonds are not subject to optional redemption prior to July 1, 2007. The Series 1999 Bonds are subject to redemption prior to maturity, at the option of the City, in whole on any date or in part on the first day of any month, on or after July 1, 2007, and if in part in any amount selected by the City at the redemption prices (expressed as percentages of the principal amount of the Series 1998 Bonds to be redeemed) set forth in the table below, plus accrued interest to the redemption date: Redemption Dates Redemption (Inclusive) Prices July 1, 2007 to June 30, 2008 101% July 1, 2008 and thereafter 100% In the event of any optional redemption, the City shall designate the installments of principal against which the amount of Series 1999 Bonds redeemed shall be credited, by notice in writing delivered to the Bondholder, and the schedule set forth above shall be so adjusted. Unless waived by the Owner hereof, notice of call for redemption is to be given by mailing a copy of the redemption notice at least thirty (30) but not more than sixty (60) days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Bond Registrar. Failure to give such notice by mail to any Bondholder, or any defect therein, shall not affect the validity of the proceedings for the redemption of any Bond or portion thereof with respect to which no failure or defect has occurred. All such Bonds called for redemption and for the retirement of which funds are duly provided will cease to bear interest on such redemption date. A -3 This Bond is subject to all the terms and conditions of the Resolution, and capitalized terms not otherwise defined herein shall have the same meanings ascribed to them in the Resolution. Reference is made to the Resolution for the provisions, among others, relating to the terms, lien and security for the Bonds, the custody and application of the proceeds of the Bonds, the rights and remedies of the holders of the Bonds, and the extent of and limitations on the Issuer's rights, duties and obligations, to all of which provisions the registered owner hereof assents by acceptance hereof. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication endorsed hereon shall have been signed by the Bond Registrar. The registration of this Bond may be transferred upon the registration books upon delivery hereof to the principal office of the Bond Registrar accompanied by a written instrument or instruments of transfer in form and with guaranty of signature satisfactory to the Bond Registrar, duly executed by the owner of this Bond or by such owner's attorney -in -fact or legal representative, containing written instructions as to the details of transfer of this Bond, along with the social security number or federal employer identification number, if any, of such transferee. In all cases of a transfer of a Bond, the Bond Registrar shall at the earliest practical time in accordance with the provisions of the Resolution enter the transfer of ownership in the registration books and shall deliver in the name of the new transferee or transferees a new fully registered Bond or Bonds of the same series and maturity and of authorized denomination or denominations, for the same aggregate principal amount and payable from the same source of funds. The Issuer and the Bond Registrar may charge the owner of such Bond for the registration of every transfer or exchange of a Bond an amount sufficient to reimburse them for any tax, fee or any other governmental charges required (other than by the Issuer) to be paid with respect to the registration of such transfer, and may require that such amounts be paid before any such new Bond shall be delivered. If the date for payment of the principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday or a day on which the designated office of the Bond Registrar or Paying Agent, or both, is lawfully closed, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, or a day on which the Bond Registrar or the Paying Agent is lawfully closed, and payment on such day shall have the same force and effect as if made on the nominal date of payment. It is hereby certified and recited that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of the State of Florida, that all acts, conditions and things required to exist, to happen, and to be performed precedent to the issuance of this Bond exist, have happened and have been performed in regular and due form and time as required by the laws and Constitution of the State of Florida applicable hereto, and that the issuance of the Bonds of this series does not violate any constitutional or statutory limitation or provision. A-4 This Bond is and has all the qualities and incidents of an investment security under the Uniform Commercial Code - Investment Securities Law of the State of Florida. IN WITNESS WHEREOF, City of Palm Beach Gardens, Florida, has issued this Bond and has caused the same to be signed by its Mayor and attested and countersigned by its Clerk either manually or with their facsimile signatures, and its seal or a facsimile thereof to be impressed or reproduced hereon, all as of the 1S` day of July, 1999. (SEAL) ATTESTED AND COUNTERSIGNED: BY: City Clerk CITY OF PALM BEACH GARDENS, FLORIDA Mayor [CERTIFICATE OF AUTHENTICATION] This Bond is one of the Bonds designated in and executed under the provisions of the within mentioned Resolution. Date of Authentication: August 6, 1999 City Clerk , as Bond Registrar City Clerk A -5 [Form of Abbreviations for Bonds] The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to the applicable laws or regulations. TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with the right of survivorship and not as tenants in common UNIFORM TRANS MIN ACT - Custodian for (Cust.) (Minor) under the Uniform Transfers to Minors Act of (State) Additional abbreviations may also be used though not in the above list. A -6 [Form of Assignment for Bonds] ASSIGNMENT FOR VALUE RECEIVED, the undersigned (the "Transferor "), hereby sells, assigns and transfers unto (the "Transferee ") PLEASE INSERT SOCIAL SECURITY NUMBER OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints as attorney to register the transfer of the within Bond on the books kept for registration and registration of transfer thereof, with full power of substitution in the premises. Date: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange, a member firm of any other recognized national securities exchange or a commercial bank or a trust company or an institution which is a participant in the Securities Transfer Agent Medallion Program (STAMP) or similar program. NOTICE: No transfer will be registered and no new Bond will be issued in the name of the Transferee, unless the signature(s) to this assignment correspond(s) with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Security or Federal Employer Identification Number, if any, of the Transferee, is applied. A -7 If RESOLUTION 94, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR SUPPORT OF A PROPOSED ORDINANCE OF THE PALM BEACH COUNTY COMMISSION TO AMEND CHAPTER 28 OF THE PALM BEACH COUNTY CODE PERTAINING TO DISCHARGE OF FIREARMS, FIREARM SALES AND A MANDATORY WAITING PERIOD IN PALM BEACH COUNTY; PROVIDING FOR DISSEMINATION; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has determined that increasing the mandatory waiting period in connection with all firearm sales to five days is necessary for the protection of the public health, safety and general welfare of all the citizens of Palm Beach County; and WHEREAS, the City Council of the City of Palm Beach Gardens agrees with and supports an amendment to the Palm Beach County Code Chapter 28 pertaining to the discharge of firearms, firearms sales and a mandatory waiting period for Palm Beach County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH COUNTY, FLORIDA: SECTION 1. The City Council of Palm Beach Gardens, Florida, hereby supports a proposed Ordinance by the Palm Beach County Commission to amend Chapter 28 of the Palm Beach County Code to require a mandatory five day waiting period in connection with all firearm sales in Palm Beach County. SECTION 2. The City Clerk is hereby directed to provide a copy of this Resolution to all members of the Palm Beach County Board of Commissioners, the Palm Beach County Administrator, and each municipality in Palm Beach County. Resolution 94, 1999 Page 2 of 2 SECTION 3, This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF AUGUST, 1999. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO MAYOR JOSEPH R. RUSSO Approved as to Form and Legal Sufficiency. City Attorney AYE NAY ABSENT JUL -06 -1999 14:21 PALM BEACH COUNTY 561 355 2711 P.02i05 NCR C •c Denise Distel Dytrych County Atborney P.O. Box 1989 West Palm Beach. FL 33402.1989 (561) 355.2225 Suncom: (562) 273 -2225 FAX: (561)355 -4398 www.ca.palm-bcach.fl.us ■ Palm Beach County Board of County Commissioners Maude Ford Lee, Chair Warren H. Newell. Vice Chairman Karcn T. Marcus Carol A. Roberts Mary McCarty Burt Aaronson 7bny Masilotti County Administrator Robert Weisman -An Equal opporcunf ty Affirmarlvc Action Employer' printed on recycled paper -7/6 Cc.(-FW) to G,i�- 'i'7s`°"er,fee" 355.308 MEMORANDUM TO: Denise Cote', Director, Public Affairs FROM: Laura Beebe, Assistant County Attorney%? RE: Amendments to Gun Sales Ordinance DATE: July 1, 1999 Per our conversation, I am providing you with a copy of the proposed ordinance amending Palm Beach County's gun sales ordinance. The current version of the ordinance requires a three day waiting period in connection with all handgun sales. The proposed ordinance would increase the waiting period to five days. In addition, the waiting period would apply to all firearm sales. Please forward copies to the Palm Beach County League of Cities for review and comment in accordance with PPM #CW -0-041 prior to first reading on August 24, 1999. If you have any questions, please do not hesitate to contact me at 355 -4396. LMenb Enclosure cc: Gordon P. Selfridge, Chief Deputy County Attorney G: \COMMOMATMwPOATA\ htMRUEEBEICONSTf7Ulpbdeagus.ttr wpd { JUL -06 -1999 14:21 PALM BEACH COUNTY 561 355 2711 P.03i05 1 2 ORDINANCE NO. 3 AN ORDINANCE OF THE BOARD OF COUNTY .4 COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, 5 AMENDING CHAPTER 28 OFTHE PALM BEACH COUNTr 6 CODE (ORDINANCE NO. 92 -15, AS AMENDED)- 7 PERTAINING TO DISCHARGE OF FIREARMS AND. 8 FIREARM SALES IN PALM BEACH COUNTY; PROVIDING 9 FORA MANDATORY WAITING PERIOD; PROVIDING FOR 10 APPLICABILITY; PROVIDING FOR REPEAL OF LAWS IN 11 CONFLICT; PROVIDING FOR SEVERABILITY; 12 PROVIDING FOR INCLUSION IN THE CODE OF LAWS 13 AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE 14. DATE. 15 WHEREAS. Article VUI, Section 5 of the Constitution of the State of Florida, authorizes 16 a county to require a mandatory five -day waiting period, excluding weekends and legal holidays, in 17 connection with all firearm sales within such county; and 18 WHEREAS, the Board of County Commissioners adopted Ordinance 99 -5, amending 19 Ordinance 92 -15, to provide for a mandatory three -day waiting period in connection with handgun 20 sales: and 21 WHEREAS, the Board of County Commissioners has determined that increasing the 22 mandatory waiting period in connection with all firearm sales to five days is necessary for the 23 protection of the public health, safety and general welfare of all the citizens of Palm Beach County. 24 NOW, THEREFORE, BE IT ORDAINED BY. THE BOARD. OF COUNTY 25 COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: 26 SECTION 1. 27 Section 28 -3 of the Palm Beach County Code (Section 3 of Ordinance 99 -5) is hereby 28 amended to read: 29 Sec 28.3. Magdatory waiting ngriod; Crirninpl history records check requirement. 30 (a) No person shall deliver a hmnlgetr fiream to another person, other than a licensed 31 dcaler, licensed manufacturer or licensed importer, in connection with the sale, as defined 32 in Section 28.1. of such-1=dgntr firearm for a period of business days from the 33 date of the sale. i] 34 (b) No person shall deliver a firearm to another person. other than a licensed dealer, 35 licensed manufacturer or licensed importer, in connection with the sale, as defined in Section 36 28 -1, of such firearm until the seller, either directly or through a licensed dealer, licensed JUL -06 -1999 14:21 PALM BEACH COUNTY 561 355 2711 P.04i05 1 manufacturer or licensed importer. has: 2 (1) requested a national criminal history records check of the potential purchaser 3 or transferee of the firearm from FDLE or NICS, and 4 (2) received an approval identification number from FDLE or NICS signifying 5 the potential purchaser or transferee of the firearm would not be prohibited by state 6 or federal law from receiving or possessing a firearm. 7 (c) The provisions of this section shall not apply to holders of a concealed weapons 8 permit issued pursuant to general law of the State of Florida when purchasing a firearm. 9 SECTIQN 2. APPLICABILITY 10 This Ordinance shall be applicable in both the unincorporated and incorporated arras of Palm 11 Beach County, Florida, to the extent permitted by law, 12 SECTION 3. RFPM OF LAWS IN_CQNFUCT: 13 All local laws and ordinances in conflict with any provisions of this Ordinance are hereby 14 repealed to the extent of such conflict. 15 SEMQN 4. $)EVEI2QBI1ITY: 16 If any section. paragraph, sentence, clause. phrase, or word of this Ordinance is for any reason e 17 held by the Court to be unconstitutional, inoperative, or void. such holding shall not affect the 18 remainder of this Ordinance. 19 $ECTIQN S. INCLUSIQN rN TUE CODE, OF LAWS AND ORDWANCES: 20 The provisions of this Ordinance shall become and be made a part of the Code of Laws and 21 Ordinances of Palm Beach County, Florida. The sections of this Ordinance may be renumbered or 22 relettered to accomplish such, and the word "ordinance" may be changed to "section ". "article ", or 23 other appropriate word. , 24 $ECTION6. EFFECTIVED.ATF,: 25 The provisions of this Ordinance shall become effective upon filing with the Department of 26 State. 27 28 APPROVED and ADOPTED by the Board of County Commissioners of Palm Beach County, 29 Florida, on this the day of , 199,,. 30 2' JUL -06 -1999 14 :21 PALM BEACH COUNTY 1 2 561 355 27111 P.05i05 P,&.I1Y1 BEACH COUNTY. FLORIDA. BY ITS BOARD OF COUNTY COMMISSIONERS 3 By. d Chair 5 APPROVED AS TO FORM AND 6 LEGAL SUFFICIENCY 7 By 8 Counry_Attomey 9 EFFECTNE DATE: Fled with the Department of State on the day of , 199 10 C,�rOMMONUTTY�WPOATA04vgk\LSE VCONSTffLV wm .md.,,4 3 TOTAL P.05 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 5, 1999 Subject/Agenda Item: Public Hearing: Notice of Proposed Change (NOPC) to the Regional Center Development of Regional Impact (Conversion of Office to Commercial Use) Recommendation /Motion: Staff recommends that the City Council postpone consideration of this petition and continue the Dublic hearina until the Sentemher ?nri mPPtinrn Reviewed by: Originating Dept.: Costs: $_0 Council Action: City Attorney, N/A Planning Div. Total [ ] Approved VV $ 0 [ ] Approved w/ conditions Other N/A Current FY \V�! [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating June 2, 1999 staff report [ ] Other N/A Paper: Palm Beach Post [ ] Not Required Submitted by: Gro Mg . Director Affected parties [ x ] Notified: Budget Acct. #: [ ] None Approved by: surrounding property owners City Manager [ ] Not required I. REQUEST Hank Skokowski, agent for Mall Properties, Ltd, is requesting an amendment to the Regional Center Development of Regional Impact Development Order (and PCD) to convert approved office use to commercial use. The project is located north of PGA Boulevard, east of Alternate A1A, and west of Prosperity Farms Road. (5, 6- 42S -43E) Petition DRI -99 -02 August 5, 1999 Page 2 II. BACKGROUND The 458 -acre Regional Center project was originally approved as a Development of Regional Impact (DRI) in 1984. There have been three revisions to the development order since its original approval which occurred in 1984, 1986 and 1994. There is a fourth revision in progress to resolve an open space issue. It continues as a mixed -use project with regional uses. Uses include the Gardens Mall, Mira Flores apartments, Mediplex Medical Mall and other office buildings. III. PROPOSED CHANGE, The petitioner has acquired vacant parcels as a result of the Foundation land sales and desires to construct/locate additional commercial uses within the project. Currently, the Gardens Mall has utilized the entire 1,390,000 s.f. of commercial use approved by the development order. The applicant is proposing to convert 118,200 s.f. of approved office/business use to 50,000 s.f. of commercial use, thereby increasing the total amount of regional commercial use within the project from 1,390,000 to 1,440,000 s.f. and reducing the total amount of office/business use from 1,210,000 to 1,091,800 s.f. Further, the master plan is being revised to depict the specific parcels which may be considered for commercial use. These parcels are generally oriented towards PGA Boulevard, but includes the parcel located at the juncture of Kew Gardens Avenue and Gardens Parkway also. The applicant is also clarifying the master plan by denoting the approved neighborhood commercial (26,000 s.f.) and cultural arts (36,400 s.f.) uses within the tabular data. Consideration of the Notice of Proposed Change was advertised for the June 17`h City Council meeting to comply with the maximum 90 -day review period established by state law. Due to unresolved issues, this public hearing had been continued to July 15`'', and then again to this meeting (August 5th). IV. STAFF CONSIDERATIONS The proposed change is presumed to constitute a substantial deviation to the DRI. The applicant has not yet effectively rebutted this presumption at this time, however, additional information is forthcoming from the petitioner. The petitioner is arguing that there are no additional impacts in the conversion of office to commercial use based on traffic equivalency, however, the City Engineer has found an issue, consistent with that of FDOT, due to use of outdated traffic volumes in the traffic study. The petitioner has been requested to modify the traffic analysis. Petition DRI -99 -02 August 5, 1999 Page 3 Staff is concerned that new commercial uses will change the character of the Regional Center. The City has made an effort over the years to keep the project from becoming similar to other malls in the area which are lined with outparcels containing restaurants and "big box" or discount retailers. While the provisions of the PGA Overlay will apply, this amendment to the DRI makes the code applicable to the project, staff is not confident that those provision alone will maintain the integrity of the Regional Center project and keep it consistent with the City's vision for PGA Boulevard. V. STAFF RECOMMENDATION Traffic issues have not been resolved to satisfactorily demonstrate that this petition is not a substantial deviation to the DRI. Staff recommends that the public hearing be continued until the September 2nd meeting. PREPARED BY: THE BANKERSCOMPANY L 0 0 THE EXHIBIT REGIONAL GENERAL LOCATION A CENTER MILES N 0 t 2 4 DATE FEB. 1882 PALM BEACH OAROENB, REV FLORIDA I Revised table located on Exhibit H. The table now shows the 26, 000 s.f of neighborhood commercial and 36,400 s.f. of cultural arts uses. These maximum floor spaces are previously approved (original) uses of the DRI project and are not new uses. The table also shows the resulting change in office and commercial square footage which is the subject of the petition. I � N W O O O O O O C O .- O Q� LL W � Q 0 W _ U o �... O W �-- � W Q CO Z z OQ C2 i5 ICII-) z WW Z3" N O O 0 _z Fn CO U LL O t3' N O O LLJ O W U w W Ui U O to to N' CO O O O O O 1* O N O CO O 'R X LO M o o W LO o O co O J Q CD (D Q Z J � � J H J W H = v � O F; Ol O $ $ v $ t m < N m co M 10 0 0M O q a N O h M N m p O N N H W y < O n N M 0 N tp C) m O O a m W r M M N a m tff 0 y a ch tu Z U Ow o f ° i > 3_ y��j w 'o a =7 a F ! J m F F F ° M w 1�- O i° J J W J cOi. y U < �5! o �gU 0I�,y, O em ~ G V V yS < Fv xe Ci �3 .6 OF y �y m E v0 N w ¢N z z i0 ¢ a 0 ON No m 2N O O d i p = g o° a_ on F-I o R_ a_o o o o �__ ©� ki M —JI—JLJ� Ilrousneva��lnsaesose J L I ui gn a �$ °s� w K 0 09 fz a� j � N QQ ?m u W uS 8 O r s.. $ a�a mz �� S �g 8 S m O .0 O a Wm o LL Wm uz W a a J a Qc� I Z� w m WA ix n z a n 0 VI p J O_ F m ° W z s d i lL e t gn u I um �• s.. $ a�a mz �� S �g 8 S m O .0 O a Wm o LL Wm uz W a a J a Qc� I Z� w m WA ix n z a n 0 VI p J O_ F m ° W z s d i lL e t CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: August 5, 1999 Date Prepared: July 20, 1999 Subject/Agenda Item: Public Hearing /Second Reading: Petition TXT -99 -06 Development Review Process Text Amendments, by City of Palm Beach Gardens staff, to amend the City's Land Development Regulations to provide revisions to chapter 114 entitled "SUBDIVISIONS." Recommendation /Motion: Staff recommends approval of Ordinance 30. 1999 Reviewed bpi: Originating Dept.: Costs: $ 0 Council Action: Total City Attorne,Y CC Growth Management [ ] Approved Finance N/A $ 0 [ ] Approved wiconditions Current FY [ ] Denied ACM Advertised: Human Res. N/A Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Other N/A Paper: [ x ] Not Required [ ] Other N/A Ordinance 30, 1999 Submitted b : Growth ar en Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: At its July 15, 1999 meeting, the City Council reviewed this petition and had no major concerns. Staff is requesting that the City amend its Land Development Regulations to allow for amendments to chapter 114, entitled "SUBDIVISIONS ". The intent of the amendments is to require boundary platting in association with all development orders. Currently, the code requires platting only when land is subdivided into three or more parcels. The proposed language will require platting of all parcels whenever a parcel is subject to a development review process. This language seeks to codify a procedure already being implemented by the Growth Management Department and the City Engineer's office. At its June 22, 1999 public hearing, the Planning and Zoning Commission made a recommendation in favor of approval of petition TXT- 99 -06. There was no comment from the public regarding the proposed revisions to Chapter 114. The Planning and Zoning Commission made only one recommendation regarding language in the "boundary plat" definition. Staff has revised the proposed language accordingly. The following summarizes various issues within the zoning code affected by revisions: CHAPTER 114 (1) New definition: Boundary plat. (2) Per the City Engineer's recommendation, requiring boundary plats in association with all development orders, instead of in association only with subdivision of land. (3) Elimination of repetitive language associated with traffic concurrency requirements for land subdivision. Boundary plats are being required for one parcel or tract of land, when a subdivision plat of multiple lots is not necessary, because all property that is to be developed must be platted in order to be recorded on the "Official Tax Maps" of the Palm Beach County. The recordation of a boundary plat provides a convenience for development order interpretations and monitoring activities which is not afforded by a metes and bounds description. Metes and bounds descriptions can be lengthy and difficult for a layperson (i.e., a planner) to interpret. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 30, 1999. GAShort Range \txt9906.cc.subdivision.st.wpd July 9, 1999 ORDINANCE 30,1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENTS TO THE PALM BEACH GARDENS CODE OF ORDINANCES BY AMENDING SECTION 78 -2, TO ADD DEFINITION FOR BOUNDARY PLAT; SECTION 114 -4, JURISDICTION OF CHAPTER TO INCLUDE DEVELOPMENT REVIEW; SECTION 114 -9, TO CHANGE DEPARTMENT NAME AND ADD "BOUNDARY PLAT "; SECTION .114 -36, TO REQUIRE BOUNDARY PLAT FOR LANDS SUBJECT TO DEVELOPMENT REVIEW; SECTION 114 -41, TO ADD BOUNDARY PLAT IN PLAT REVIEW PROCESS; SECTION 114 -42, TO ADD BOUNDARY PLAT IN PLAT SIGNING AND RECORDATION PROCESS; SECTION 114 -43, DELETING TRAFFIC IMPACT ANALYSIS REQUIREMENT TO AVOID REDUNDANCY; PROVIDING. FOR A REPEAL OF ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City Council desires to amend the chapter of the code regulating subdivision and plat review and recordation. ti. WHEREAS, the proposed revisions are consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Section 78 -2 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words s«ucn): See. 78 -2. Definitions. Plat, Boundary means a map or delineated recordation of a single lot, parcel. or .tract of land for development purposes prepared, approved and recorded in accordance with requirements. and procedures for a boundary plat pursuant to Chapter 177, Florida Statutes, and may include the terms replat,.amended plat or revised plat. SECTION 2. Section 114 -4 of the Code of Ordinances of the City of Palm �3each Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words sti�ucri): 1 Sec. 114 -4. Jurisdiction. (a) This chapter applies to all subdivisions of land, as set forth in article II of this chapter_and all,lands which are the subject of an approved,development order. (b) No land may be subdivided through the use of any legal description, other than with reference to a plat approved by the city council in accordance with this chapter. SECTION 3. Section 114 -9 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words stf uck): Sec. 114 -9. Enforcement, violations and penalties. (a) Generally. Under this chapter: 1 It shall be the du of the director of puuiiuii aad zotw� rowth management to �' t, - -- g �g g enforce this chapter and to bring to the attention of the city manager or the manager's designated agent any violations of this chapter. (b) Approval and recording of plats. No boundary plat or plat of a subdivision shall be offered for recording by the clerk of the circuit court of the county until the plat has been approved by the city. (Code 1987, § 157.010) SECTION 4. Section 114 -36 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words sty ack): Sec. 114 -36. General application procedure. (a) Plan and plat approval required Before any land is subdivided, the owner of the property proposed to be subdivided or his authorized agent shall apply for and secure approval of the following: (1) Subdivision plan; (2) Construction plans; and (3) Plat. (b) Coordination of planned development zoning applications with subdivision approval. Pursuant to the city's zoning regulations in chapter 118, plat approval of the subdivision of land shall be required whenever a planned unit development (PUD) or planned community district (PCD) Ordinance 30, 1999 2 application, which entails the subdivision of land, is approved. Upon approval of a planned unit development (PUD) by the city council or site plan approval of a parcel of an approved planned community district (PCD), the applicant shall proceed with the preparation of the plat and construction plans for the area to be subdivided, as described in these regulations, unless modified by the city council for a PUD or PCD. (c) Boundary plat requirement, All lands not otherwise subdivided which are the subject of an approved development order shall be designated by a boundary plat. The boundary_ plat shall be approved by city council and placed in the official records of the county prior to issuance of I certificate of occupancy for the subject land, (Code 1987, § 157.020) SECTIQN 5, Section 114-41 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words Sec.114 -41. Plat review and approval process. (a) Generally. Where proposed development includes the subdivision of land or land development requires a boundary plat, the final approval of a subdivision plan or development permit application shall be made contingent upon approval by the city council of a plat, as applicable, conforming to the approved plan. (b) Application procedure and requirements. During the effective period of the subdivision plan approval or development order, the applicant shall file with the city an application for approval of a plat. That application shall: (1) Include the required fee. (2) Include the entire subdivision or phase thereof which derives access from an existing state, county or city street or highway. (3) Be accompanied by the required number of copies of the plat. (4) Comply and conform in all respects with the approved subdivision plan. (5) Be accompanied by the development order and surety, if required, in a form satisfactory to the city engineer, city attorney and city manager in an amount established by these regulations. (6) Demonstrate its conformance with F.S. ch. 177. (7) Be accompanied by the following documents: Ordinance 30, 1999 3 a. A certificate of cost estimate prepared by the applicant's engineer. b. A certificate from the city showing city and county taxes current. (8) Include an inspection fee in the amount established by the city council and provide evidence of all permits and/or agreements that provide for the construction of all required improvements. (c) Standards for approval of plats. The purpose of this subsection is to set forth the standards and criteria that the city shall consider in determining whether to approve or deny an application for plat approval. No plat for a proposed subdivision or boundary„ plat for a proposed development permit_ shall be approved unless the applicant proves by clear and convincing evidence that: (1) The application conforms with the requirements of these regulations regarding the form and content of the plat, timely submittal, offers of dedication, and development order; (2) The application conforms with the requirements of F.S. ch. 177, regarding the form and content of plats offered for recording prepared by a land surveyor licensed in the state. If the city chooses to verify the survey data shown on the plat, the city shall utilize a surveyor at the expense of the applicant; and (3) Adequate surety has been provided for the completion of required improvements in accordance with article III of this chapter; (4) The application conforms in all respects to the requirements of the land development regulations of the city; and (5) The plat conforms to the approved subdivision plan. SECTION 6. Section 114 -42 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words str=k): Sec. 114 -42. Signing and recordation of plat. (a) Signing of plat. Signing of the subdivision plat or the boundary plat is subject to the following: (1) The mayor shall endorse approval on the plat after all the conditions of the approval of the plat have been satisfied. Ordinance 30, 1999 4 (2) When installation of improvements is required prior to recordation of the plat, the mayor shall endorse approval on the plat after all applicable conditions of the development order have been satisfied and all improvements satisfactorily completed. There shall be written evidence that the required improvements have been installed in a manner satisfactory to the city as evidenced by certificate of completion signed by the applicant's engineer and approved by the city engineer. SECTION '7, Section 11443 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words str=k): Sec 114 -43. Submission requirements for subdivision approval. (c) Subdivision plan. The subdivision plan shall be prepared in sufficient detail to explain the proposed development such that, once approved, it can be used as a basis for the preparation of construction plans and plat. In addition to the generalized requirements as listed in subsection (b) of this section, the subdivision plan shall include the following: (9) Required improvements. b. Proposed streets including: 1. The name or temporary designation and right -of -way width. 2. A typical design cross section indicating pavement type, width, drainage features, sewer and water main locations, utility locations, and sidewalks/bikeways. Separate cross sections for all entrance roads featuring medians, with a note explaining maintenance and ownership responsibility. 3. Any streets in the county thoroughfare protection plan and the comprehensive plan of the city. 4. Proposed ownership and maintenance of streets. ✓. Tiai �, hnpa� L aiiaiy3i� �iirij wiui uu yivjc� i�u av�ia�c uaiiy iidilii. (ti1Ti T) Ll Vlll Luc - -avpillwit uaDLu Upvii uy rviiviativii laws vvii`laiilvu in uic T- -- ! -- - r'T'--- - - - - -- T'--- '- - --- -- /Tq T", w .f- - ----1 1 - -- 1 - - -- ---�- 111J111u1G Vl 11 a11J�.JV1 Lal1V111il1b'll14C:1J llll:.) 1V1a11Ua1 U111CiJJ VU1c1 atanual UJ alli 'M-- TT A -1--11 a _ _ _ 1' _ _ _ 1_ 1_ JUJ11111.0 allLL aPP1UVCLL.- 111E llt-1 Jllall LLc111V /1JUaw %,0RLjjha11t.G VV1U1 ulc clLy,1IVU11lJ' ua111V P1.11V1111CU1U%, OLanualuJ. SECTION 8. All ordinances and resolutions of the City, or any part thereof, which are in conflict with this ordinance are hereby repealed. Ordinance 30, 1999 SECTION 9. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. SECTION 10. The City Clerk is hereby directed to ensure that the contents of this ordinance be codified as part of the City Code of Ordinances. SECTION 11. This ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF 1999. 1999. 1999. MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY. VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK GAShort Rangelsubdivisionamend.ordl.wpd CITY ATTORNEY AYE NAY ABSENT Ordinance 30, 1999 6 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: August 5, 1999 Date Prepared: July 28, 1999 Subject/Agenda Item: Public Hearing/ 2nd Reading, Ordinance 31, 1999: Petition TXT- 99-06 Development Review Process Text Amendments. Recommendation /Motion: Staff recommends approval of the amendment to Ordinance 31, 1999 and the revised Ordinance 31. 1999. Reviewed b8 Originating Dept.: Costs: $ 0 Council Action: City Attorney (j lJ Growth Management Total [ ] Approved Finance N/A $ 0 [ ] Approved w/oondsons Current FY ACM [ ] Denied Human Res. N/A Funding ource: g [ ]Continued to: Advertised: Other N/A Date: [ ] Operating Attachments: Paper: [ ] Other N/A Ordinance 31 , 1999 Amendment 1 to [ x ] Not Required Affected parties Budget Acct. #:: Ordinance 31, 1999 Submitted b� Growth Mariar�h Director [ ] Notified [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: City Council reviewed this petition at their July 15, 1999 meeting and had no concerns. Staff has made a minor change to clarify the transmission of proceedings from the Planning and Zoning Commission to the City Council. This has been prepared as an amendment to the ordinance. (see attached sheet) Staff is requesting that the City amend its Land Development Regulations to allow for amendments to chapter 118, entitled "ZONING ". The intent of the amendments is to clarify the development review process, to provide adequate time for staff review during the development review process, to provide for submittal of adequate information regarding development petitions, and to provide minimum standards regarding stacking distances in parking areas. The following summarizes various issues within the zoning code affected by revisions: CHAPTER 118 (1) Additional criteria for allowing concurrent processing agreements. (2) Adding language requiring development review committee (DRC) consideration for all review processes. (3) Clarifying language requiring a staff response to an application submittal of 9 7 working days. (4) Creating language requiring a minimum development review period of 914 working days prior to a development review committee meeting. (5) Adding a requirement that applications are in compliance with all applicable codes prior to scheduling for a Planning and Zoning Commission /Site Plan and Appearance Review Committee. (6) Adding a requirement that, should additional information be needed after DRC, a minimum review period of 7 days for minor non - engineering revisions, and 15 working days for revisions requiring engineering review prior to Planning and Zoning Commission /Site Plan and Appearance Review Committee. (7) Adding language requiring a minimum of 7 working days after development review committee certification and prior to Planning and Zoning Commission /Site Plan and Appearance Review Committee meeting. (8) Adding language for a 23 day review period prior to a City Council meeting, after receiving formal recommendation from Planning and Zoning Commission /Site Plan and Appearance Review Committee. (9) Amending language from a 12 day to a 4-9 23 day review period prior to a City Council meeting, after Council has requested additional information from a petitioner. (10) Adding language requiring that public hearing notices be sent at least ten working days prior to the hearing. (11) Adding language requiring that notices for public hearing be sent by certified mail. (12) Amending the review period for miscellaneous petitions from 16 days to 24 days. (13) Amending the Conditional Use review process to be consistent with rezoning, site plan, PUD and PCD processes. (14) Amending the submission requirements to add: (a) photometric plans (b) planting symbols at scale of time of planting (c) roof plan (d) renderings with landscaping at 5 years from date of planting (15) Amending the waiver component of the PUD and PCD approval process to address amendments to PUDs and PCDs. (16) Adding a requirement for minimum stacking distance of 100 feet between arterials and collectors and the first instance of opposing vehicular movement for arterials and collectors, 75 feet from local streets. Agenda Cover Memorandum August 5, 1999 Petition TXT -99 -06 Page 3 At its June 22, 1999 public hearing, the Planning and Zoning Commission made a recommendation in favor of approval of petition TXT- 99 -06. There was one comment from the public. Mr. Hank Skokowski of Urban Design Studio commented that he had a concern about the proposed review time prior to returning to City Council. The proposed language would change that review period from twelve (12) working days to nineteen (19) working days. The extra seven working days is being proposed so that Planning and Zoning staff may have two (2) extra working days to prepare and review staff reports and also five (5) working days for a City Attorney review period. This time frame reflects the current review process being undertaken by staff, although it is not presently codified as such. Mr. Skokowski's concerns were that the proposed language does not take into affect minor versus major changes, as may be requested by Council. The present code language does have a provision in which the City Council may defer such a review period. However, this requires the petitioner to request such a deferment at the City Council meeting. The Planning and Zoning Commission recommended that this power of deferment may more easily be carried out through the City Manager's office instead of City Council. Staff agreed, due to the fact that the City Council agenda is set through the City Manager's office. Staff has therefore revised the proposed draft language to reflect this recommendation. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 31, 1999. July 27, 1999 Amendment 1 to Ordinance 31, 1999 The text of proposed Ordinance 25, 1999, as approved on first reading, shall be amended as follows: A. Amend Sec. 118 -42 (a)(4)(e), so that it shall read: e. Transmission of record and recommendation to city council. A copy oft c accord, summary of the proceedings, together with the planning and zoning commission's recommendation and grounds therefor, shall be transmitted to the city council. B. Amend Sec. 118 -42 (b)(4)(e), so that it shall read: e. Transmission of record and recommendation to city council. A copy cf u, summary of the proceedings, together with the planning and zoning commission's recommendation and grounds therefor, shall be transmitted to the city council. C. Amend Sec. 118 -42 (c)(4)(e), so that it shall read: e. Transmission of record and recommendation to city council. A copy cft �c :ccc�u, summary of the proceedings, together with the planning and zoning commission's recommendation and grounds therefor, shall be transmitted to the city council. D. Amend Sec. 118 -48 (a)(4)(e), so that it shall read: e. Transmission of record and recommendation to city council. A copy cf IL �c accord, summary of the proceedings, together with the planning and zoning commission's recommendation and grounds therefor, shall be transmitted to the city council. GAShort Range \txt9906.develop.ord.amend.wpd July 27, 1999 ORDINANCE 31, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENTS TO THE PALM BEACH GARDENS CODE OF ORDINANCES BY AMENDING: SECTION 118 -38, ADDING CRITERIA FOR CONCURRENT PROCESSING AGREEMENTS; SECTION 118 -39, ADDING REQUIREMENTS FOR CONDUCTING DEVELOPMENT REVIEW COMMITTEE MEETINGS; SECTION 118 -42, REVISING REVIEW PERIODS AND FORMAT FOR REZONING PROCESS; SECTION 118 -43, REVISING REVIEW PERIODS AND FORMAT FOR SITE PLAN REVIEW PROCESS; SECTION 118 -45, REVISING DEPARTMENT NAME FOR MISCELLANEOUS REVIEW PROCESS; SECTION 118 -48, REVISING REVIEW PERIODS AND FORMAT FOR CONDITIONAL USE PROCESS; SECTION 118 -50, ADDING SUBMISSION REQUIREMENTS FOR LIGHTING, ARCHITECTURAL ELEVATIONS, RENDERINGS, LANDSCAPE PLANS FOR REZONING AND SITE PLAN REVIEW PROCESS; SECTION 118 -213, ADDING LANGUAGE TO INCLUDE AMENDMENTS TO PUD; SECTION 118 -214, ADDING LANGUAGE TO INCLUDE AMENDMENTS TO PCD; SECTION 118 -473, ADDING LANGUAGE REQUIRING MINIMUM STACKING DISTANCES; PROVIDING FOR A REPEAL OF ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to revise the City's development review process; and WHEREAS, the proposed revisions are consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. Section 118 -38 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words strucri) r, Section 118 -38. Submission of application. (d) Concurrent processing. Where a proposed site plan/development order is contingent upon 1 approval of a comprehensive plan amendment (CPA), a development of regional impact (DRI), a planned community district (PCD), a planned unit development (PUD), or an amendment to any of the foregoing, for the subject site, the city shall not accept or process the application for the site plan review /development order prior to the final approval and adoption of the CPA, DRI, PCD, PUD, or the amendment to any of the foregoing subj�c< <� Lit VIlowii�g i%sriit�: .,. -,,, -- -��- - - - - -- ___ - - -� - - -� --- - - - - -_ �, -- ----- 1-- -�� - -- r -- - - -�- - -lair 11 f luG GlLy 111a.' aGGG1JL a11U �JIVGG 0 LuG ayjJUL,aLiVll 1V1 a J1LG p ____1 ___ - ___ W- ___al_. _ _'al_ mil__ L.__ *___ C-__ /-lTl a T%nT ll!"� 1lrV1G W /uG VG1V1J111GLL1 V1uG1 GV11G U11 Gll Ll.' WlLll u1G a1JjJ11GaL1V111V1 1...1 h, lJl�l, 1 CD, TIT Ty-" J____ -_� 1_____ _ 1__ -_ �7__ __ '1 J_L_-- ___•____ . 1 Vl Vl a111G11U111G11LJ U1GIGLV W11G11 U1G WLy GVLU1G11 U%,V L11111110 Uy 1GJV1UL1V11 Ulal L11G 1V11V Wlll�' G11LGlla a1G 111GL. The City Council may waive the requirements of this subsection if the applicant can demonstrate the following: (1) If a CPA is proposed: a. It shall not result in a land use which is incompatible with surrounding land uses, including land uses within and outside the City's municipal boundaries; b. No objection has been raised through the Interlocal Plan Amendment Review Committee (IPARC) Clearinghouse or Issues Forum; and C. The proposed CPA is consistent with and furthers the goals set forth in the City's `vision', entitled "Our Vision -,4 Strategic Plan" dated December 5, 1996. (2) If a request for DRI, PCD, or PUD, or an amendment thereto is proposed, no objection has been raised through the Development Review Committee process by a neighboring jurisdiction. (3) If a CPA, DRI, PCD, PUD, or amendment thereto is proposed, the plan must either meet the level of services standards or satisfy concurrency. W The applicant shall sufficiently establish that concurrent processing will benefit the city and shall not cause undue burden or adverse impact to the city. Section 118 -39. Application review procedure. The application review procedures under the article shall be applicable as follows: (1) A rezoning application shall be subject to review by the development review Ordinance 31, 1999 2 committee and by the planning and zoning commission and the city council at public hearings. (2) A site plan review application shall be subject to review by the development review committee and by the site plan and appearance and review committee and, if applicable, the city council at a public meeting. (3) A zoning regulation change (ordinance amendment) shall be subject to review by the development review committee and by the planning and zoning commission and the city council at public hearings. (4) A conditional use application shall be subject to review by the development review committee and by the planning and zoning commission and the city council at public hearings /meetings, as applicable. (5) A variance request application shall be subject to review by the development review committee and by the board of zoning appeals at a public hearing. SECTION 2. Section 118 -42 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words iii Lick* Sec. 118 -42. Rezoning process. (a) STANDARD REZONING. For the purpose of this chapter, standard rezoning shall mean rezoning of a property to any zoning classification other than planned community or planned unit development district. The standard rezoning application will be subject to the review of the development review committee, the planning and zoning commission, and the city council as follows: UUU //L 4J3LU/1 VJ L4,UPtLL.U11u/1�/L4L.1%.UNG3 Lu f/LU/1/U/Lg LMU 1,u/11 /Lb' ur,,U"/ 1 / /1C /11. 111G lU'L d L1 LLL1V U � 11U11' u-G-1 -- V-1 r -V---- - -' -�a- l-- il-- h'i'l-a-�U' U-1-- 1 J-- la-U- '&- a- 6 aJp1icant Jl-la-ll JlV --- ---- - -- Ll7 L11G j.Jlalullllb' 21111 GVlullb' ULJPCLl L111G11L no laLGl Luau 1 V W V1 Ku. l6 day V11V1 LV CL JLd1GL1Uiv lu plalllllllg Zulu Gully,' L.V11U111JJ1V11111GGL111 . VV 1UU1111VG VYUJI' r uayJ Vl L- 1_1•_t__J J_�_______ 4_-a Llll. trJtaU11J111.LL LLl.aU1111G uall.., Llll;+ ULi�.Ial L1111i11L Jllall UGLG1111111L,. Ulal Lill+ a1Jpll,auvll is- (1) Pre - application conference. Prior to submitting an application for rezoning, the applicant shall meet with the staff of the Growth Management Department for a Ordinance 31, 1999 pre - application conference. (t2) Submission of application packages to plunii�iig- uiid '—cult i- growth management department. The applicant shall submit a standard rezoning application along with the appropriate fee. Within wc seven working days of receipt of an application of the '-'=-' the department shall determine that the application is: GJL0.V11J11GLL UG0.U1111G U0. W, a. Complete and proceed with the following procedure; or b. Incomplete and notify the applicant in writing as to the deficiencies. To avoid a resubmittal of a new application and filing fee, the applicant must submit an amended application within 30 calender days of the date of deficiency notification letter. The department director may waive the 30- day requirement if reasonable progress is being made in revising the application. (i3) Development review committee coiiJiUGl LU 1V r1, JuuNUJJ CU�1 1U Pturulif ,' L411" whir% l ViiimiJJiVii.. a. DRC meeting. The applicant shall submit the required number of complete application packages to the growth management department no later than 14 working days prior to a scheduled development review committee meeting. , The department shall forward the completed application to the members of the development review committee. The development review committee shall review the application and submit its comments and recommendations to the applicant. The complete application shall be in compliance with all applicable codes prior to scheduling for a planning and zoning commission meeting, unless deferred by the growth management director. The development review committee may consider the application at more than one meeting, if necessary, to complete its review. to iuc Yiaiuiiiir aiiu /_viiiii , %viiiiiii��ivii vvidlin 0cvV'R wviitinr, uaya V1 U1G 1cri,%iyt V1 111G t V111F1V LG ajJjJ11GauV11. b. Request for additional information. When a petition has been before the development review committee and additional information is needed by a DRC member, the requested information shall be submitted by 12:00 p.m. seven working days prior to the next scheduled planning and zoning commission meeting. Should additional information be required by the city engineer, the requested information shall be submitted by 12:00 P.M. 15 working days prior to the next scheduled development review committee meeting or planning and zoning commission meeting, Ordinance 31, 1999 4 whichever is applicable. (34) Planning and zoning commission. a. Workshop meeting. No sooner than seven working days after all development review committee comments have been satisfied, unless deferred by, the growth management director, the planning and zoning commission shall consider the comments and recommendations from the development review committee at a workshop meeting. The planning and zoning commission may consider the application at more than one workshop meeting, if necessary, to complete review of the request. b. Request for additional information. When a petition has been before the planning and zoning commission and additional information to the application is requested, the requested information shall be submitted by 12:00 p.m. five working days prior to the next scheduled commission meeting. When the requested information requires the review of any development review committee member, resubmittal shall be by 12:00 p.m. 12 working days prior to the next available planning and zoning commission meeting, unless reduced to ftvc worning days by the commission. C. Public hearing. After review of the request at a workshop meeting, the planning and zoning commission shall schedule, public hearing with public notice and shall notify the applicant. The applicant shall provide a courtesy notice to the owners of surrounding property within 500 feet by certified mail at least ten working days prior to the public hearing. The names and addresses of such owners shall be furnished by the applicant. An affidavit must be furnished confirming the mailing of the courtesy notice. d. Record of proceedings. The planning and zoning commission shall hold a public hearing and shall prepare a record of its proceedings on each case. The record shall be filed in the pl wing a fid zoi7i:.7ig growth management department and shall be a public record. Transmission of record and recommendation to city council. A copy cf tlIc summary of the proceedings, together with the planning and zoning commission's recommendation and the grounds therefor, shall be transmitted to the city council. ( +5) City council consideration. a. Workshop and/or first reading. No sooner than 23 working days after the planning Ordinance 31, 1999 5 and zoning commission has made a formal recommendation to city council, the city council shall examine all such applications, reports and recommendations transmitted to it and shall take such action as it deems appropriate. b. Request for additional information. When a petition has been before the city council and additional information to the application is requested, the requested information shall be submitted to the growth management department by 12:00 P.M. live woiiui.g days pnoi iv uic uclii Zcucuwcu ciiy cuuiicu 111ccu116. vvilcii utc -'' L -' - �- r - -- 3- -•- - - - - -- ----- --` - - - - --` -- - - `---- - -- - -- " -- ic�uwwu iiuuiiiiauuii ic�uuw uic icvicw vi a.iy ucvcivjJiiiciiL icvicw wiiuiiiucc -- - - -'.�_i _i -_n 1 -- 1-- icsuU-I ifn ai aIlan Uc �y IZ.,,V 12 not less than 19 working days prior to the next available city council meeting, unless reduced to ftVe worniI.Ir-' days by the council city manager. Public hearing; notice. Dc arc cnactiiis u-1y CUIJA,11"11.1 llt, The city council shall hold a public hearing after giving a due public notice. The applicant shall provide a courtesy notice to the owners of surrounding property within 500 feet by certified mail at least ten working days prior to the public hearing. An affidavit must be furnished confirming the mailing of the courtesy notice. d. kcsclution Ordinance evidencing decision; reasons. Following its public hearing and decision, the city council shall render a written resolution ordinance evidencing its decision, along with reasons supporting its action. (56) Reconsideration. No An application for rezoning which has been denied by the city council shall not be eligible for reconsideration again by the planning and zoning commission or the city council for a rezoning to the same classification for one year from the date such application was denied by the city council. Ordinance 31, 1999 6 CITY OF PALM BEACH GARDENS STANDARD REZONING PROCESS Pre - Application Conference Staff Application DRC P & Z. Workshop P & Z Public Hearing 1 Council 1st Reading Council Public Hearing (Optional) ordinance Council Public Nearing 2nd Reading Site Plan/ Subdivision Review DRC: Development review committee P & Z: Planning and zoning commission Council: City Council (b) PLANNED COMMUNITY DISTRICT REZONING. An application for a rezoning of land to a planned community district or an amendment to an approved planned community district shall wily be subject to the review of the development review committee, the planning and zoning commission, and the city council as follows: Ordinance 31, 1999 Fh /1\ r1--'-'J` -' u- --- 1", -- - ` --'` ---- ' T-- `1) oLturrtt t f uypttLuuurt yul.n.ugtzo to pturtrttrlg urtu zwttrtg "t;pur wi r- tt. 1116 app, caat J11a11 Juu1111L L11G 1GLjLm -%,U 11LU11VG1 Ul appiiG0.L1ull Fak rl a6GJ LU t1LG p1aii11iii-ir alid Gulllllb' wgjal L111G11L 11U lam i wan i u vv Vikiil6 uay a YiLul iu a 1____1_� -L- -- -- -- --' --- --- - -- --- - --- - -a• 117 r7 - -- ------ '-'- -- A_- r scilGUUlGU painnur, allu GVlllllb' t U1111111JJ1U11111GGL111r'. VV lL11t1111VG wVllllllr, Ua.yJ Vl thG l JtaU`HSLIGU UGaulinc uaLG, L11G UGPa1L111Gl1t s11a11 uGLGiluulG ulaL il1G appi.LGatlull L3. (1) Pre - application conference. Prior to submitting an application for rezoning to planned community district, the applicant shall meet with the staff of the Growth Management Department for a pre- application conference. (f2) Submission of application packages to pluit-.til.ig u.I-li zu-iil.ig growth management department. The applicant shall submit a planned community district application along with the appropriate fee. Within five seven working days of receipt of an application of ' - ' -" -' - - - 'atc the department shall determine that the application L11G GJLau11J11GU UG0.UL111G URW, is. a. Complete and proceed with the following procedure; or b. Incomplete and notify the applicant in writing as to the deficiencies. To avoid a resubmittal of a new application and filing fee, the applicant must submit an amended application within 30 calender days of the date of deficiency notification letter. The director may waive the 30 -day requirement if reasonable progress is being made in revising the application. (%3) Development review committee coiisiuei-allu -ii; JuurrctDOtuft tuplu-iiiiiii6 Uri" Gurttf% L.urrtrrtiaawrt. a. ,DRC meeting. The applicant shall submit the required number of complete application packages to the growth management department no later than 14 working days prior to a scheduled development review committee meeting. The department shall forward the completed application to the members of the development review committee. The development review committee shall review the application and submit its comments and recommendations to the applicant.,. The complete application shall be in compliance with all applicable codes prior to scheduling for a planning and zoning commission meeting, unless deferred by the growth management director. The development review committee may consider the application at more than one meeting, if necessary, to complete its review. to —lc plain- --In and Gulllllg GV1111111JJ11J11 Wlllllll JGVGll VVkilr\111r, uayJ Vl till-, LGGGiPL Vl Ordinance 31, 1999 8 Luc wiiiYlcw a��uca�icu. b. Request for additional information. When a petition has been before the development review committee and additional information is needed by a DRC member the requested information shall be submitted by 12:00 p.m. seven working days prior to the next scheduled planning and zoning commission meeting. Should additional information be required by the city engineer, the requested information shall be submitted by 12:00 n.m. 15 working days prior to the next scheduled development review committee meeting or planning and zoning commission meeting, whichever is applicable. (34) Planning and zoning commission. a. Workshop meeting. No sooner than seven working days after all development review committee comments have been satisfied, unless deferred by the growth management director, the planning and zoning commission shall consider the comments and recommendations from the development review committee at a workshop meeting. The planning and zoning commission may consider the application at more than one workshop meeting, if necessary, to complete review of the request. b. Request for additional information. When a petition has been before the planning and zoning commission and additional information to the application is requested, the requested information shall be submitted by 12:00 p.m. five working days prior to next scheduled commission meeting. When the requested information requires the review of any development review committee member, resubmittal shall be by 12:00 p.m. 12 working days prior to the next available planning and zoning commission meeting, unless reduced by the commission. C. Public hearing. After review of the request, the planning and zoning commission shall schedule a public hearing with public notice and shall notify the applicant. The applicant shall provide a courtesy notice to the owners of surrounding property within 500 feet by certified mail at least ten working days prior to the public hearing. The names and addresses of such owners shall be furnished by the applicant. An affidavit must be furnished confirming the mailing of the courtesy notice. d. Record ofproceedings. The planning and zoning commission shall hold a public hearing and shall prepare a record of its proceedings on each case. The record shall be filed in the ylai-,iiiiig and zoaiing growth management department and shall be a public record. e. Transmission of record and recommendation to city council. A copy of t �c :;,cc,:u, Ordinance 31, 1999 9 Summary of the proceedings, together with the planning and zoning commission's recommendation and the grounds therefor shall be transmitted to the city council. ( +5) City council consideration. a. Workshop or first reading. No sooner than 23 working days after the planning and zoning commission has made a formal recommendation to city council, the city council shall examine all such applications, reports and recommendations transmitted to it and shall take such action as it deems appropriate. ab. Request for additional information or changes to master development plan. When a petition has been before the city council and additional information or a revision to the application is requested, the requested information shall be submitted by 12:00 p.m. fivc work -dig days Yiioi to tllG iiclii Jc11GUulcu City cvuucw inn k., wr,. vv 11G11 any Ma.)tci uGVI Wpillclll. plall arc 111auG i:cqulllllg ulG lcvlcw of any ucvclopi-lGlll 1Gvlcw GV1111111L1.GG 111G111UG1, kcsuUllllllaI Jllall UG Uy 12.00 pan. 12 not less than 1 working days prior to the next available city council meeting, unless reduced to ftvc working days by the council city manager. hc. Public hearing; notice. Before enacting any planned community development or amendment thereto, the city council shall hold a public hearing after giving a due public notice. The applicant shall provide a courtesy notice to the owners of surrounding property within 500 feet by certified mail at least ten working days prior to the public hearing. An affidavit must be furnished confirming the mailing of the courtesy notice. I ed. esc/lutioii Ordinance evidencing decision; reasons. Following its public hearing and decision, the city council shall render a written ordinance rcaclution evidencing its decision, along with reasons supporting its action. (�6) n..,.,._a..,.,._ ++ Z,._:...— a:,«..:,.« 1,,..._aary; Site plan review and approval within a X11111.11111 --4- lV LVlllll A.J l-1 1- U11A Planned Community District. Upon approval of the application, the master development plan, and all other applicable information and materials submitted, the application shall be adopted as an amendment to the zoning district boundary. Development of each parcel within an approved master development plan shall be subject to the site plan review procedure, as established in section 118 -43, before a development order is issued. For the purpose of site plan review, each parcel within an approved PCD master development plan shall receive final site plan approval by the city council. Ordinance 31, 1999 10 (c) PLANNED UNIT DEVELOPMENT uwt: 14--t REZONING. The application for a rezoning to planned unit development or an amendment to an approved planned unit development in conformance with Sect. 118 -44 shall be subject to the review of the development review committee, the planning and zoning commission, and the city council as follows: `1 J 1Jt- LU / /ttJJLV /L Vf u`l�/LLLULLV rt �JULd "gt:J tv �JtunruriS urtu L.vrttrtg ucpur wir-fit. J. llV -----''----L -'- -1 Sub -- - -- --3 ------ -' ---- -r -- --- - -'-1- ''- -1' --- ---- '-- --- L- a�J�Jlll,alll Jllall JUV1111L L11G LGgLLLIGU 11u111VC,1 V1 l,VU1I)1GLG aiJFll%,aL1Vll jial,l�arq' '3 LU L11G plallllla and GVlllll�,' W.,JJal LL11G11L 11V 1a.LG1 Mall 1v VVvir, illy' uayJ p1V1 LV a - ---' -3 --A r --- - ----- - , - --- -r JdGUu1Gu pa war, auu GVmn6 t,V1111111JJ1V11 VV 1Llll11 11VG VVVlln111r, UayJ Vl Li__ J_L_ LI__ J____- .a.___._L _1__11 _- ___i�__ UlG GJlauu niGu UG0.u1111G UaLG, L11G UGJ.Jal U11G11L Jllall UGLG1111111G L11aL UlU a1J1J11L,aL1V11 (1) Pre - application conference. Prior to submitting an application for rezoning to planned unit development, the applicant shall meet with the staff of the Growth Management Department for a pre - application conference. (2) Submission of application packages to piuii.ii.ig aild zo.LL.ir growth management department. The applicant shall file a planned unit development application along with the appropriate fee. Within five seven working days of receipt of an application of the 113 tahlisl��u the department shall determine that the application is: a. Complete and proceed with the following procedure; or b. Incomplete and notify the applicant in writing as to the deficiencies. To avoid a resubmittal of a new application and filing fee, the applicant must submit an amended application within 30 days of the date of deficiency notification letter. The director may waive the 30 -day requirement if reasonable progress is being made in revising the application. (3) Development review committee conat' eruttvey Juu/rLLJJtvrt 1UPLU/tru/tS urtu a. DRC meeting, The applicant shall submit the required number of complete application packages to the growth management department no later than 14 working days prior to a scheduled development review committee meeting. The department shall forward the completed application to the members of the development review committee. The development review committee shall review the application and submit its comments and recommendations to the applicant. Ordinance 31, 1999 11 The complete application shall be in compliance with all applicable codes prior to scheduling fora planning and zoning commission meeting, unless deferred by the growth management director. The development review committee may consider the application at more than one meeting, if necessary, to complete its review. to Llll+ V1Qill11116 Qllu GVlllllb' 1+V11ll111JJ1V11 Wlllllll J1:VG11 VV Vlt\lllb' UQyJ Vl Wt., 11 Ul A.PL Vi tug wiii�l�w ayYu�aL1Vl1. b. Request for additional information.. information. When a petition has been before the development review committee and additional information is needed by a DRC member the requested information shall be submitted by. 12:00 p.m. seven working days prior to the next scheduled planning and zoning commission meeting. Should additional information be required by the city engineer, the requested information shall be submitted by 12:00 p.m. 15 working days prior to the next scheduled development review committee meeting or planning and zoning commission meeting, whichever is applicable. (4) Planning and zoning commission consi G;-uiivii. a. Workshop meeting. No sooner than seven working days after all development review committee comments have been satisfied, unless deferred by the growth management director, the planning and zoning commission shall consider the comments and recommendations from the development review committee at a workshop meeting. The planning and zoning commission may consider the application at more than one workshop meeting, if necessary, to complete review of the request. b. Request for additional information or site plan changes. When a petition has been before the planning and zoning commission and additional information or lilinor revision to the application is requested, the requested information shall be submitted by 12:00 p.m. five working days prior to the next scheduled commission meeting. When any site plan changes are made requiring the review of any development review committee member, resubmittal shall be by 12:00 p.m. 12 working days prior to the next available planning and zoning commission meeting, unless reduced by the commission. Public hearing; notice. After review of the proposed planned unit development, the planning and zoning commission shall schedule a public hearing and shall notify the applicant. The applicant shall provide a courtesy notice to the owners of surrounding property within 500 feet by certified mail at least ten working days prior to the public hearing. The names and addresses of such owners shall be furnished by the applicant. An affidavit must be furnished confirming the mailing of the courtesy notice. Ordinance 31, 1999 12 d. Record of proceedings. The planning and zoning commission shall hold a public hearing and shall prepare a record of its proceedings on each case. The record shall be filed in the planii -Ing aiiu zoning growth management department and shall be a public record. e. Transmission of record and recommendation to city council. A copy -o IL t� c �cca�u, summary of the proceedings, together with the planning and zoning commission's recommendation and the grounds therefor, shall be transmitted to the city council. (5) City council consideration. The city council shall examine all such applications, staff reports and recommendations transmitted to it and shall take such action as it deems appropriate. a. Workshop or first reading. No sooner than 23 working days after the planning and zoning commission has made a formal recommendation to city council, the city council shall examine all such applications, reports and recommendations transmitted to it and shall take such action as it deems appropriate. ab. Request for additional information; site plan changes. When a petition has been before the city council and additional information or ii haoi revision to the application is requested, the requested information shall be submitted by 12:00 �-' °- -� -- -- -- - --� - I-- - - - - -� -- I---1 --1-, .1 --- --al.-- .11 TI- -- p.m. five � odKiilg days Phut w ul� IIQAL aWucdul�d WL.Y wuiik it lllccLlllg. vvuc,ll 1 -- - 1---- - - -- - - - -j- -- = - - -- -r- - ,- - - - - -- - -'- aiiy �it� plan d gcs aims madu icq , L tU-- iQviQw ul ally d%,vclvYIIILIiL lc.vIk w 1 -- -1_ -11 1 -- 1 - -- 1r1 -nn -_ in coiiuiiiit�� iuQiiivcl, lQ�uuuuual wall v� vy 12.00 y.11l. 12 not less than working days prior to the next available city council meeting, unless reduced -to JAvc, wod. -Ing days by the council city manager. bc. Public hearing; notice. Before enacting any planned unit development or amendment thereto, the city council shall hold a public hearing after giving a due public notice. The applicant shall provide a courtesy notice to the owners of surrounding property within 500 feet by certified mail at least ten working days prior to the public hearing. An affidavit must be furnished confirming the mailing of the courtesy notice. ed. LVJUlU&LV ;L Ordinance evidencing decision; reasons. Following its public hearing and decision, the city council shall render a written :cacl;: on ordinance evidencing its decision, along with reasons supporting its action. Ordinance 31, 1999 13 SECTION 3. Section 118 -43 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words ' -I- �i Sec. 118 -43. Site plan review. (a) The application for site plan review and amendments to an approved site plan shall be subject to the review of the development review committee, the site plan and appearance review committee and the city council, if applicable. (b) The following shall require site plan review and approval by the development review committee and the site plan and appearance review committee prior to the issuance of a building permit, except as allowed in subsection (d)(1) of this section: (1) Any change in traffic circulation or parking layout. (2) Any change in occupancy which increases the amount of parking required beyond what is currently approved for the site. (3) Any change of paint color or color finish on the exterior of the structure. (4) Development of parcels within an approved planned community district master development plan. (c) The following shall not require review and approval by the development review committee and the site plan and appearance review committee prior to issuance of a building permit: (1) A single - family residential structure. (2) Repairs or renovations to a nonsingle- family residential structure when the repairs of renovations shall be made to the interior of the structure or when the facade, roof -line, or exterior dimensions of the structure shall not be changed, unless it meets the requirements of subsections (b)(1) through (4) of this section. (3) The construction of ground level improvements to any structure which changes exterior dimensions such as concrete pads, permanent flower or planter boxes, unless it meets the requirements of subsections (b)(1) through (4) of this section. (d) The site plan and appearance review committee shall be vested with jurisdiction to consider and approve minor site plans. Final approval for major site plans shall be required by the city council. Before submitting a site plan for review, the applicant shall provide the Ordinance 31, 1999 14 a department with sufficient information for the department to make this determination. (1) Major site plan. A site plan shall be designated a major site plan if it satisfies one or more of the following criteria: a. The proposed development involves combined land and water area which exceeds three acres. b. The proposed development is a residential project of more than 12 dwelling units. C. The proposed development involves more than 30,000 square feet of nonresidential floor space. -- d. Any development that the department designates a major site plan because the proposed development is part of a larger parcel for which additional development is anticipated that, when aggregated with the project in question, exceeds the limits of subsection (d)(1)a, (d)(1) b or (d)(1)c of this section. (2) Minor site plan. A site plan shall be designated a minor site plan if it is not a major site plan as described in subsection ( d)(1) of this section. (e) Site plans will be subject to one of the following review procedures: (1) Major site plan; or (2) Minor site plan. (f) SITE PLAN REVIEW PROCESS (1) Pre - application conference. Prior to submitting an application for site plan review, the applicant shall meet with the staff of the Growth Management Department for a pre- application conference. (2) Submission of application packages to yl«;a;;i ;;g a;;u t.;,ri;;g growth management department. The applicant shall file a site plan application along with the appropriate fee. Within fivc seven working days of receipt of an application cf t1:c cstahlishcu a':_,. i�. A-* UULC the department shall determine that the application is: �. uc uuiii a. Complete and proceed with the following procedure; or Ordinance 31, 1999 15 b. Incomplete and notify the applicant in writing as to the deficiencies. To avoid a resubmittal of a new application and filing fee, the applicant must submit an amended application within 30 calender days of the date of deficiency notification letter. The department director may 'Naive the 30- day requirement if reasonable progress is being made in revising the application. (3) Development review committee (DRC) a. DRC meeting. The applicant shall submit the required number of complete application packages to the growth management department no later than 14 working days prior to a scheduled development review committee Meeting. The department shall forward the completed application to the members of the development review committee. The development review committee shall review the application and submit its comments and recommendations to the applicant. The complete application shall be in compliance with all applicable codes prior to scheduling for a planning and zoning commission meeting, unless deferred by the growth management director. The development review committee may consider the application at more than one meeting, if necessary, to complete its review. b. Request for additional information. When a petition has been before the development review committee and additional information is needed by a DRC member the requested information shall be submitted by 12:00 p.m. seven working days prior to the next scheduled site plan and appearance review committee meeting. Should additional information be required by the city engineer, the requested information shall be submitted by 12:00 p.m. 15 working days prior to the next scheduled development review committee meeting or site plan and appearance review committee meeting, whichever is applicable. /1N «7:41_ __— - --- __--- _'._ a1- - -3 _ __ -1 _ uJ1 -_11 lji vv ILU GLV a 1aJV1 310.1 Pan, in-, "v vw%jjJ1uG11L 1GV1Gw GV11u111LLGG Llall _- ___•____ 1GVlGw the plall a11U L10.L1Jlllll its GV11ll11G11LJ and 1GGV11ll11G11U0.L1V11J to L11G site P10.11 a11U -- - - -- -- '---- -- ---- -- '« - - 'a1 - -- - - - - ' -= -- ' -- - ajl JG0.1 a11GG 1GV1GW GVlllllll LLGG Wllmn JGVGll WVL1�1116' Gaya Vl L11G 100011JL Vl LL1L, GV111i.J1G LG 0.J J11G0.L1V11. 1 \liV1G VV Vl G11v11V1111G11La1 1GLG LVIJ VLl 1116 Jitc 11.iCLy UG/0.y 1111:.1 (54) Site plan and appearance review committee dUtics C.;c GLa 1;11cJVVJ. a. Vinor site plan. No sooner than seven working days after all development review committee comments have been satisfied, unless deferred by the growth Ordinance 31, 1999 16 management director, l%1J0/1 L 1N 10L V111111Lr11UU 1011 Vl t l\ LLL YL 1Vyllll llt 1V Y1V W -: -- ` - - _.,':_.... -:`- p' --�, the site plan and appearance review committee N01111111LLCO 101 4 11111101 J1LLJ 1Q.11 shall schedule a review of the site plan at its earliest available meeting time and shall approve, approve with conditions, or disapprove the plan. The site plan and appearance review committee may consider the application at more than one meeting, if necessary, to complete review of the request. b. Major site plan. No sooner than seven working days after all development review committee, comments have been satisfied, unless deferred by the growth management director, the site plan and appearance review committee shall consider the comments and recommendations from the development review committee at a workshop meeting. The site plan and appearance review committee may consider the application at more than one workshop meeting, if necessary, to complete review of the request. bc. Request for additional information or site plan changes. When a petition has been before the site plan and appearance review committee and additional information or minor revision to the application is requested, the requested information shall be submitted by 12:00 p.m. five working days prior to the next scheduled committee meeting. When any site plan changes are made requiring the review of any development review committee member, resubmittal shall be by 12:00 p.m. 12 working days prior to the next available site plan and appearance review committee meeting, unless reduced to five working days by the committee. d. Transmission of record and action to city council. A record of the committee's action will be transmitted to the building official, the, growth management department, and the city clerk. (1) Minor site plan. If the plan was disapproved by the site plan and appearance review committee, a copy of the plan shall be returned to the applicant with reasons supporting its action. The applicant will have the option of revising the plan and/or submitting a new final site plan for review by the committee. (2) Major site plan. The site plan and appearance review committee recommendation and the grounds therefor, shall be transmitted to the city council. (65) City council consideration. a. Workshop. No sooner than 23 working days after the site plan and appearance, review committee has made a formal recommendation for a major site plan to city Ordinance 31, 1999 17 council, 1 V11V VY 111 u lCCV111111C11uaL1V11 ILL lC J1 LC ./lull LLL1LL uYp4cu allCC 1%, V 1C VV • -- I„« ,. --.... VL ..:4., «7,.« the city council shall schedule a review of the site l�Vlllllli LLCC 1V1 a L1 -:VL JLLC -I--, plan. b. Request for additional information; site plan changes. When a petition has been before the city council and additional information or iiiiiivi revision to the application is requested, the requested information shall be submitted by 12:00 G --- t -' - - - "1 ---- -- ` 1- --- 1---1- -1 --1 - - - - •1 TV T1 - --- p.m. 11VG WVirunr, uayJ iliiVl Lv lllC acxt Scll"LLUlcu l.il�' cV Uilcll illGCliilg. VV llCll ally JlLC Plan C11at1gGJ alC lllauC 1CLi LLuwg Ln-, lcvlcw Of ally UCVC10pinc11L lcvlcw 1__111__ 1___ 1l1_nn __ 1'1 cVlllllll LLGC 111c111UC1, 1CJUU1111LLal Jllall UC Uy 1Z. 1- 1.111. 1G not less than 19 working days prior to the next available city council meeting, unless reduced to C- -- - -- - -1 -- _1 -- -- -71 - 11 v c w Vllnulg Jay J by the city w uiicll. 4viiliiiillc�. manager. _.. C. )Zesolution evidencing decision; reasons. Following its decision, the city council shall render a written resolution evidencing its decision, along with reasons supporting its action. C% 1.. ..a-- .........4: «.` ...:4L. 4L.,. a,. «,.«4«.... «4 ..14 41... .. .. 1:,.,.4 :..... � .... «.... 4L.,. ( f Vllly ultCl lllCCllllg Vvltll LlIC uCrcu LlllCllt ut LllC �Jl C- atl�lllCaLl Vll CVlllCl ClICC, LllC 1: CC— 4 ,. C:1 „ „ ,. 1:.,..4: „« F « ., :4„ ...:4L. L%,%,. ., uYrllCttlll llltlfy' 1114 all a�Ji.J 11CaL1V 11 LVl u JltC �.l1Lli1 U�/jJ1V VUl, U1V11� VYlUl tllC uYY1V�J11ULC 1\ ( J T11L14 applicant shall J Ubinit 4L, • a L ,-- I - i:_..4:..« LllC 1Cqu1lcu 11U111VC1 VI CV111tJ1C LC a «jJ'P11C0.L1V 111JaCA.ar'C;, to iuc pialulillg -auu z,viiiii6 ucYai um;ai% iiv laLCl Mall IV wvin111g uay J Ylivi LV u 5C1ICLL_UIC-LL - Pl allllll-lg - a-l- -lu , L-.V- - -ll'l- -lg - C-V- 1--1- 11--1- 11'J- J-1•V-1--1 1- -1-1C- C-`L•__l6_ . RVV r 1:4L1L111-- 1 1.1 - V-4 - -w--V-1- 11 1-l� l--1g - ,-- -- -r UayJ Vl 1__ 7_1'_1__> >__�L___ �_�_ �7__ �_____ 1__11 �_4_____•___ 1__� 1__ 1: __�____ tuc cJlCILMWlcU ucaulluc uaLC, u1c uCllaLunk iii z11au ucucuuiuc ulaL iuc aYYu4allvu 13. a. 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L,,. «.. 1.41.„ GJ 1114 UC�/W u11411L Jllall lvl vva1LL CViJ1CJ VL LllC JlLC 1 l/ l LV LllC 111C111VC1J Vl L114 uCV41Vj1111411� 1CVlC YY CVlllllll tt4C. 1114 LCVlC VY CVlllllll LLCC Jllall CVUJIUCI LllC 1V 11V VY lllr,. /1L....... ..4.. «: ,.4: .... CA-- :4.. «a .. .. a: -- : «.., .. a : «.` ..... ..4.. «4 «w4.. «,.1 a_ a. v11am- CLC11J LLCJ VL L114 J1LC ullu Julie LLLlulll� uiCU, 11141uulug 1LI1FVl LU11L 11aLLUa1 uilll ...., .,an l ..4.. «..... 41.. .. ..: .+.. .. «a .. ....., .. :L, :1:4 -. . 4r4.l -, :4... .. «a ....«« .. «a : «.. 1„ «a 111a11111aLLC 1CaLUL CJ, LL14 J1LC a11U aCCCJJ1V111 Ly Vl LllC JltC, L.L11U Jtl11VU11Ullls 1LLL1U UJCJ. b. TL., «..4,. «., ..r *l-., «.. ..a a,,...,1., ««... ., «4 : «..,..a : «.` 1,. «a ....., 4., «.,.. «a 1114 11th UlC Vl LllC jJl V�./VJCU u4v41V1JU14uL, 11141UU111� 1u11u tLJC L�'�.lCJ CULU uC11J1 L1CJ, Ordinance 31, 1999 18 Lllc "FIJrviiiirlaw LVLUI -----A llU %IV Vcra�c V iJUvGu urcum --- UIU JUUGLU1GJ, "LIU Lyr/cJ V VY ULCl U11U JG VV el LLcUllllelll Jy�J LC111J. rr !'1,. «F .....,.:4— ,.r41... .... ' +L. LL ... .. ..... ....L.,. «,,:�.,. 1,.« +L.:.. C. VV111Vlllll ly Vl Llle 1J1 V1JV Diu Uc Vel ViJlllcllt VVILll LIIG iJ1U11, -LIII. e11UlJ LCl Ullu VLr1G1 upl- /uGUV1G V1 uluCLllwJ of u1G Glly. L,._ ,. 1:,.,.1..1,..0 ,.+,..... a • +„ «:,. ..,... 1, ,.a 1... +1..,. .,,.L.,. «..:_.,. 1-- 1.. «a d. Other appllcttulc LcAoto J and criteria proscliuG11 uy LllG G,Ulll J1 c11c11J1 V c ylall, ICULU UG VCl V1./11rclIL oodc, or L1rG 1J1GVCLlllllr, r1V1IC1cJ Vl L11G GrLy. /1\ 11-- -- ,- -- ---- --`- - - --� -- --- ---- _�La -- ---- _�-�__. _•� -" -' T' -- ',- __-- -`- - - -- -` -1- -17 r_--- -- -- -� d -- `J f JJG VG1VfJ / /LG /LL /GV1GW L.u/ /1//1111GG L.V /LJ LUG /u11V /L, lllc Ul palunlzda Jllall 1V1 Walu u1G coniplcicU a� p' c,aL1V11 LV L11G 111GUlucrJ of l t1- 11G UcVG1V1.J111G11L 1GV1Gw cV1111111L0GG. 1116 UGvclopmclll 1GV1GW GVini-n-ALGc Jllall 1GVlcw Lllc a.1Jpw aL1V11 allU JUU1111L 1W - -- ___________L_ ___J _____________�_L'____ L_ _______1 _4_ Conii11G11W a11U 1GGV11ll11G11Ua11V 11J LV L11G 0.1JiJ11ctLlll. 111G cV111�J1G lG 0.1Jj.J11ca11V11 Jllall ' -- ' -- -- --- -- --- -- - -'�`,- -" ----- 1:__1_1_ ---, -- -- -•'- -- `- - -'-- J--/'- -- r --- - -- -', uc 111 cV111�.J11a11cG Wllll all a1J1J11caU1G GVUGJ 1J11V1 LV JGUGuuullb' Lui a J1LG �.11an anU a�./�1Ga1 a/1cG 1GV1GW GV1111111 LLCG U111GJJ Wa1VGU Vy Lr1G V1V WLIl lv1a110.6G111G11L Tl'�__L___ T7__ 11_-__1 _ _4 /__ 1J 11 cGLVl. 111G 1JGVGIV�.)lllclll l \GV1GW VVlllllll LLGG 11r0.y cV11J1UG1 LLIG appw auVll aL rL1V1G Lllatl V11G 111GGL111�', 1111GGGJJCLLy, LV t VlllYlc LG 1LJ 1GV1c W. LV Lllc FIC11111111r, allU 1 Lt__ 1 ��v�li woinul� uayJ of ulG io�.�.i�li of u1G %oiiijPlcw application. (4) VV rill LcspccA LV a niiiiV1 Jllc plan, U1G UGVc,"Op 11G1111GVLGW GV1111111LLGG Jllall 1GV1cW L11G Plan and L1a11Jlllll AS cV111111G11W 0.11U 1GGV11ll11G11U0.L1V11J LV L11G J1LG FIa11 allu _'__ _____1 -3 ---- _r 4________ -*__ -*__ -L1__ aiJi- 1ca10.11GC 1GVlcw Gv1111111LLGG WlLMil JGVCll WVlnlllr' 1 Uaya aLC1 1cGC1V1116 L11G Coi -nplc LGU appllica ioi-1 LV1 Sit,:; Plan approval. 1 \GVIG VV 'Vl c11V 11 V1LL11c11La1 IaGLV1J vii Ll -- -'`- ------ '-'--• L, -'- -- - - -' - - - - -- - - - - -- 111G Jlle play L1G10.y Luz, 1G V 1G VV �11 VcGJJ. SECTION 4. Section 118 -45 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words ,_ . sti urn . Sec. 118 -45. Miscellaneous review. (a) When a request is not applicable to any of the development review processes mentioned in this article, the plMlning ulllal z:,:li:1g gr6Wth management director, at the director's discretion, shall determine when the request will require review and approval from the city council without the intervention of the planning and zoning commission or the site plan and appearance review committee. (b) The required number of complete applications for any miscellaneous land use issues shall be filed with the f laiiniiig ai,d zoning growth management department -1.6 24 working days prior to a scheduled meeting of the city council or planning and zoning commission, as applicable. Ordinance 31, 1999 19 SECTION 5. Section 118 -48 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words 5ti u%n). Sec. 118 -48. Conditional uses. T'-- - -- -- '' - -- -� C - -- - -- " -' --- - _1]a] -- - -' ____ -I - -" --- ' - - - --� a -- --- -- -'- - --3 ------- ' - --- -r (a) 1116 a�lpn%,Cull 1V1 a GVllll r GViiU1LlVllal uJG Jllall JU1111L L11G IGLi Ulf GU 11U111UG1 Vl wuIYIGLG aYYul auvu �Jal na�w to L11G plalllllllb' a11U GV11111b' UGVa1 U11G11L 11V lau i Llla11 iv wvinul,' days yiivi LV a JGIIGUUIGU palullllr' al1U GV11111r GV11ll111JJ1V11111GGL111r'. VV 1L11111 11VG wvinulg uayJ v1 L11G GJLaunaaGu ult4u1111G uaLG, L11G UG,Pa1L111G11L J110.11 UGLG1111111G ulaL L11G aplJ11G0. IV111J. (a) CONDITIONAL USE PROCESS The application for a conditional use or an amendment to an approved conditional use shall be subject to the review of the development review committee, the planning and zoning commission and the city council, as follows: Pre - application conference. Prior to submitting an application for conditional use, the applicant shall meet with the staff of the Growth Management Department for a pre- application conference. Submission of application packages to pluiiiidag erowth management department. The applicant shall file a conditional use application along with the appropriate fee. Within fivc seven working days of receipt of an r `' ` - ' - - - � the department shall determine that application Vl L11G GJL0.U11J11GU UG0.U1111G UaLG, the application is: (+)a. Complete and proceed with the following procedure; or (z)b. Incomplete and notify the applicant in writing as to the deficiencies. To avoid a resubmittal of a new application and filing fee, the applicant must submit an amended application within 30 calender days of the date of deficiency notification letter. The director may waive the 30 -day requirement if reasonable progress is being made in revising the application. W Development Review Committee (DRC) a. DRC meeting. The applicant shall submit the required number of complete application packages to the growth management department no later than 14 working days prior to a scheduled development review committee meeting. The Ordinance 31, 1999 20 department shall forward the completed application to the members of the development review committee. The development review committee shall review the application and submit its comments and recommendations to the applicant. The complete application shall be in compliance with all applicable codes prior to scheduling for a planning and zoning commission meeting, unless deferred by the growth management director. The development review committee may consider the application at more than one meeting, if necessary, to complete its review. b. Request for additional information. When a petition has been before the development review committee and additional information is needed by the DRC, the requested information shall be submitted by 12:00 p.m. seven working days prior to the next scheduled site plan and appearance review committee meeting. Should additional information be required by the city engineer, the requested information shall be submitted by 12:00 p.m. 15 working days prior to the next scheduled site plan and appearance review committee meeting. (4) Planning and zoning commission. a. Workshop meeting. No sooner than 7 working days after all development review committee comments have been satisfied, unless deferred by the growth management director, the planning and zoning commission shall consider the comments and recommendations from the development review committee at a workshop meeting. The planning and zoning commission may consider the application at more than one workshop meeting, if necessary, to complete review of the request. b. Request for additional information. Whhen a petition has been before the planning and zoning commission and additional information to the application is requested, the requested information shall be submitted by 12;00 p.m. five working days prior to next scheduled commission meeting. When the requested information requires the review of any development review committee member, resubmittal shall be by 12:p0 p.m. 12 working days prior to the next available planning and zoning commission meeting, unless reduced by the commission. C Public hearing. After review of the.request, the planning and zoning commission shall schedule a public hearing with public notice and shall notify the applicant. The applicant shall provide a courtesy notice to the owners of surrounding property within 500 feet by certified mail at least ten working days prior to the, public hearing. The names and addresses of such owners shall be furnished by the applicant. An affidavit must be furnished confirming the mailing of the courtesy. notice. d. Record of proceedings. The planning and zoning commission shall hold a public Ordinance 31, 1999 21 hearing and shall prepare a record of its proceedings on each case. The record shall be filed in the plurm —Ing and zcnirlg growth management department and shall be a public record. e. Transmission of record and recommendation to city council. A copy ;,fthc :ccc,:u, summary of the proceedings, together with the planning and zoning commission's recommendation and the grounds therefor shall be transmitted to the city council. (b) T11i plalllni-,. and Gul -unr Vu1wwoz hill Jllall Jt ivGwu 1G a puUlllJ im cull1r aL llly ''- ' -' -'- ' -1- �- ' - -- -�. cailiwl availavl� uiu�tiil ua« al1Cl a uuv, puullk, uuu%,v- f. Recommendation of approval. In recommending approval of a conditional use, the commission must find that the following conditions exist: (1) It is empowered under the section of this chapter described in the application to grant the conditional use. (2) The regulations governing individual conditional uses, as set out in the chart of permitted and conditional uses in section 118 -246, have been or can be met. (3) Satisfactory provisions and arrangements have been made for the following items, where applicable: a. Ingress and egress to the property and the proposed structures located thereon with particular references to the safety and convenience of motorists and pedestrians, traffic circulation and control, and access in case of fire or catastrophe; b. Off - street parking and loading areas where required, with particular attention to the items mentioned in subsection (b)(3)a of this section and the mitigating noise, glare, or odor caused by the conditional use on adjoining properties and properties generally in the district; C. Refuse and service areas, with particular reference to the items mentioned in subsections (u)(."a aild (u)( -3')b (C)(3)1 and (C)(3)2 of this section; d. Utilities, with reference to locations, availability, and compatibility; e. Screening and buffering of adjoining properties with reference to Ordinance 31, 1999 22 type, dimensions, and character; f. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, and compatibility and harmony with adjacent properties and properties in the district generally; g. Required yards and other open space; and h. General compatibility with adjacent properties and other property in the district. (4) The conditional use will be in harmony with the general purpose and intent of this chapter and the goals, objectives and policies of the city. (5) City Council consideration (e) Upon the recommendation of the planning and zoning commission, the city council shall hold a public hearing on the application at its earliest available meeting time after giving a due public notice. The council may approve, approve with conditions, or disapprove the application as submitted. a. Workshop or fret reading. No sooner than 23, working days after the planning and zoning commission has made a formal recommendation to city council, the city council shall examine all such applications, reports and recommendations transmitted to it and shall take such action as it deems appropriate. b. Request for additional information. When a petition has been before the city council and additional information or iuinol revision to the application is requested, the requested information shall be submitted by 12;00 p.m. 19 working days prior to the next available city council meeting, unless c reduced r- - -- ' ' - ua by the city manager. tv ii wwnlu� y C. Public hearing; notice. Before approving a conditional use or amendment thereto, the city council shall hold a public hearing after giving a due public notice. The applicant shall provide a courtesy notice to the owners of surrounding property within 500 feet by certified mail at least ten working days prior to the public hearing. An affidavit must be furnished confirming the mailing of the courtesy iiotic,c. Tiii Way kJuii%ii Siiaii lIVlu a YuuiiC iicaiuig alwi giving uu0 Yuuu�. iivu%A.. (-i The city council shall have the power to revoke conditional uses for noncompliance with recorded conditions. Ordinance 31, 1999 23 (-2-)g. The city council shall have a right of action to compel offending structures or uses removed at the cost of the violator and may record a lien against the property to recover its costs. (3) The code enforcement officer shall review all conditional uses except those for which all conditions have been permanently satisfied, as necessary or directed, and shall have the power to inspect the land or structure where the conditional use is located in order to ascertain that the landowner is complying with all of the conditions which are listed with the conditional use. If the landowner is not complying with all of the conditions listed with the conditional use, the code enforcement officer shall report the fact in writing to the city council. The report shall state specifically the manner in which the landowner is not complying with the conditions of the conditional use, and a copy of the report shall be furnished to the landowner at the same time that it is furnished to the city council. The city council shall hold a hearing on the report within a reasonable time, and notice of the time and place of the hearing shall be furnished to the landowner as required by law. If the city council finds that the facts alleged in the report of the code enforcement officer are true and that the landowner has not taken the steps necessary to fully comply with the conditions between the date of the report and the date of the hearing, the city council may authorize the city manager to revoke the conditional use and take the necessary legal action to cause the termination of the activity on the land which the conditional use authorizes. SECTION 6. Section 118 -50 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words �ti urn . Section 118 -50. Submission requirements. (2) Planned community district. Review of an application for a planned community development district shall be based upon the submittal of a master development plan for the district. Each development parcel within an approved PCD master development plan shall then be subject to the site plan review process before a development order for that parcel is issued. n. Landscape Plan. A landscape plan which includes the location of landscape buffers or screening walls along external collector and arterial roads, with landscape plans for entrance features, buffers and common areas in compliance with chapter 98, unless waived by the city council. Landscape plans shall indicate the planting symbols on the plan at the Ordinance 31, 1999 24 same scale as the proposed landscaping at the time of planting; (3) Site plan review for parcels within PCD and PUD. Site plan application for individual parcels within an approved PCD master development plan or an approved PUD shall include the following: a. Scale. The site plans shall be at an appropriate scale illustrating the following: 13. Indication of all exterior lighting elements, including, but not limited to, building security lighting, landscaping highlighting, parking garage lighting, porte coche or canopy lighting. signage backlighting or uplighting, building uplighting, parking lot lighting and decorative lighting. The plans shall include location, height, type, footcandles, including cut sheets and photometric plans; g. Landscape plan. A landscape plan which includes the location of landscape buffers or screening walls along external collector and arterial roads, with landscape plans for entrance features, subdivision streets, buffers and common areas in compliance with chapter 98, unless waived by the city council. Landscape plans shall indicate the planting symbols on the plan at the same scale as the proposed landscaping at the time of planting; h. Major architectural elevations of buildings. Illustration of major architectural elevations of buildings /structures for style of architecture, height in stories, type of materials, exterior colors, unusual features, and others. Architectural features shall be included on all elevations of the, buildings /structures. A roof plan shall also be included, For a phased development, this information need not be provided for phases proposed for future development. All mechanical equipment mounted on a roof and wall exhaust fans shall be located on the plans and shielded by plant material or architectural devices compatible with the building. Architectural elevations of signs. Illustration of architectural elevations of all signs on the site indicating the location, size, landscaping, design lettering, type of materials, colors and other features. j. Aerial photograph. An aerial photograph of the appropriate section, township and range of the city, outlining the subject property and delineating all contiguous zoning districts. k. Statement ofplanning assumptions and objectives. A statement by the Ordinance 31, 1999 25 fY l applicant of the major planning assumptions and objectives of the development project, including but not limited to: Projected population; 2. Proposed ownership and form of organization to maintain common open space facilities; and 3. Proposed density and land use for each parcel within the project. 1. Renderings. Perspective renderings indicating how all elevations of the buildings and architectural features interact. Architectural renderings shall depict landscaping, as proposed on the submitted landscape plan, at best estimation, its height and size at five (5) Years from the date of planting. +m. Other documentation. Other documentation necessary to permit satisfactory review under the prevailing policies of the city, and the requirements of these and other applicable regulations as required by special circumstances in the deermination of the planning and zoning department. m.n. Filing fee. The applicant shall pay the official filing fee, as required by the city, at the time of application filing. (4) Planned unit development. The planned unit development application shall include the following: a. Scale. The plans shall be at an appropriate scale illustrating the following: 10. Indication of all exterior lighting elements, including, but not limited to, building security lighting, landscaping highlighting, parking garage lighting, porte coche or canopy lighting, signage backlighting or uplighting, building uplighting, parking lot lighting and decorative lighting, location, height, type, footcandles, including cut sheets and photometric plans; q. Illustration of major architectural elevations of buildings. Illustration of major architectural elevations of buildings /structures for style of architecture, height in stories, type of materials, exterior colors, unusual features, and others. Architectural features shall be included on all elevations of the buildings /structures. A roof plan shall also be included. For a phased development, this information need not be provided for phases proposed for future development. All mechanical equipment Ordinance 31, 1999 26 mounted on a roof and wall exhaust fans shall be located on the plans and shielded by plant material or architectural devices compatible with the building. . S. Landscape plan. A landscape plan which includes the location of landscape buffers or screening walls along external collector and arterial roads, with landscape plans for entrance features, subdivision streets, buffers and common areas in compliance with chapter 98, unless waived by the city council. Landscape plans shall indicate the planting symbols on the plan at the same scale as the proposed landscaping at the time of planting. W. Renderings. Perspective renderings indicating how all elevations of the buildings and architectural features interact. Architectural renderings shall depict landscaping, as proposed on the submitted landscape plan, at best estimation, its height and size at five (5) _years from the date of planting. max. Other documentation. Other documentation necessary to permit satisfactory review under the prevailing policies of the city and the requirements of these and other applicable regulations as required by special circumstances in the determination of the planning and zoning department. -x-y. Filing fee. The applicant shall pay the official filing fee, as required by the city, at the time of application filing. (5) Site plan review (for parcels not in PCD or PUD). The site plan review for parcels not in a PCD or PUD shall include the following: a. Scale. The plans shall be at an appropriate scale illustrating the following: 10. Indication of all exterior lighting elements, including, but not limited to, building security lighting, landscaping highlighting, parking garage lighting, porte coche or canopy lighting, signage backlighting or uplighting, building uplighting, parking lot lighting and decorative lighting, location, height, type, footcandles, including cut sheets and photometric plans; M. Landscape plan. A landscape plan which includes the location of landscape buffers or screening walls along external collector and arterial roads, with landscape plans for entrance features, subdivision streets, buffers and common areas in compliance with chapter 98, unless waived by the city council. Landscape plans shall indicate the planting symbols Ordinance 31, 1999 27 on the plan at the same scale as the proposed landscaping at the time of planting. q. Illustration of major architectural elevations of buildings. Illustration of major architectural elevations of buildings /structures for style of architecture, height in stories, type of materials, exterior colors, unusual features, and others. Architectural features shall be included on all elevations of the buildings /structures. A roof plan shall also be included For a phased development, this information need not be provided for phases proposed for future development. All mechanical equipment mounted on a roof and wall exhaust fans shall be located on the plans and shielded by plant material or architectural devices compatible with the building. U. Renderings. Perspective renderings indicating how all elevations of the buildings and architectural features interact. Architectural renderings shall depict landscaping, as proposed on the submitted landscape plan, at best estimation, its height and size at five (5) _years from the date of.planting. UN. Filing fee. The applicant shall pay the official filing fee, as required by the city, at the time of application filing. �:w. Other information. Any other reasonable information which may be required by the planning and zoning commission. SECTION 7. Section 118 -213 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words St adk). Sec. 118 -213. PUD planned unit development districts. (j) Waiver. Any proposed PUD that does not conform with the PUD standards set forth in these, land development regulations this 3%, tUL �� Vr i�� u�t, 3uyy.Ln��nta�y rkgulaLIVIIS CoLavli�llcu iii ai icic of h s crafter must have a waiver from such standards from the city council. A written request for a waiver from any applicable PUD and underlying zoning district standards established in the thICsC, rcgula—LdO fis LDRs must be filed concurrently with the applications for PUD approval or amendment or site plan approval or amendment of a portion of an approved PUD, as applicable. The uses prohibited in the PGA Boulevard corridor overlay as referenced in subsection 118- 280(d)(1)b may not be waived. The other requirements of the PGA Boulevard corridor overlay may aot only be waived, ua�,lcss approved by the city council. A waiver is considered for innovative design whereby other minimum standards are exceeded. Ordinance 31, 1999 28 yN � ?'st ^Cr SECTION S. Section 118 -214 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words sty Lick-): Sec. 118 -214. PCD planned community districts. (g) Waiver. Any proposed PCD that does not conform with the PCD standards set forth in - r., - - - -�- - -- �- - - •- •-,- v r these land development regulations tu1J Jl l L1V11 �� L11G JU1J1 /ll llll 1110.1 1G�U1CL 11V11J 111 [Li llV1G V Vl ,I- ills claaptcr must have a waiver from such standards from the city council. A written request for a waiver from any applicable standards established in tiic5, �gU-11 1i� DRs must be filed concurrently with the application for PCD master development plan approval or amendments or site plan approval or amendments of individual development parcels of the PCD, as applicable. The uses prohibited in the PGA Boulevard corridor overlay as referenced in subsection 118 - 280(d)(1)b may not be waived. The other requirements of the PGA Boulevard corridor overlay may next only,.be waived, uliicss appio v%u by the city council. A waiver is considered for innovative design whereby other minimum standards are exceeded. SECTION 9. Section 118 -473 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words st ,_ i u�l. : Sec. 118 -473. Location. (d) Parking lot configurations shall maintain a minimum of 100 feet stacking distance from arterial and collector streets to the first instance of two -way traffic. Parking lot configurations shall maintain a minimum of 75 feet stacking distance from local streets to the first instance of two -way traffic_ SECTION 10. All ordinances and resolutions of the City, or any part thereof, which are in conflict with this ordinance are hereby repealed. SECTION I L Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. SECTION 12, The City Clerk is hereby directed to ensure that the contents of this ordinance be codified as part of the City Code of Ordinances. Ordinance 31, 1999 29 ! r SECTION 13. This ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF 1999. 1999. 1999. MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK ATTEST: APPROVED AS TO LEGAL FORM AND SUFFICIENCY. LINDA V. KOSIER, CMC CITY ATTORNEY CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK GALong Range \deve1op.ord1.wpd Ordinance 31, 1999 AYE NAY ABSENT 30 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: August 5,1999 Date Prepared: July 19, 1999 Subject/Agenda Item: Public Hearing /Second Reading, Ordinance 32, 1999: Marina Gardens Lot 8 Annexation Recommendation /Motion: Staff recommends continuing the public hearing to August 19 to satisfy advertising requirements. Reviewed b Originating Dept.: Costs: $_0 Council Action: Total City Attorney j Growth Management [ ] Approved Finance N/A $ 0 [ ] Approved w/ conditions � Current FY ACM [ ]Denied •T ' Human Res. N/A Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Other N/A Paper: [ )Other N/A Ordinance 32, 1999 [ x ) Not Required location map Submitte�� Growth M t Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: This public hearing was advertised per Florida State Statute requirements for the August 19, 1999 City Council meeting. Therefore, staff is recommending that Council continue the public hearing to this date. City Council reviewed this petition at its July 15, 1999 meeting and had no concerns. Hank Skokowski, agent, has requested the annexation of a .33 acre parcel of land currently located within unincorporated Palm Beach County. The site is located approximately 1/4 mile east of Prosperity Farms Road, on the south side of Idlewild Drive. (5- 42S -43E) The parcel currently has a Palm Beach County Future Land Use Designation of Low Residential - 3. The petitioner is proposing to change the land use designation to City of Palm Beach Gardens Future Land Use Designation of Residential Medium (RM) through a concurrent land use amendment application. This parcel is located within the City's Future Annexation Area, as indicated in the Comprehensive Plan. The City has also entered into an interlocal agreement with the County regarding eventually annexing of all unincorporated lands east of Prosperity Farms Road and north of PGA Boulevard. r, •.�. /_ "; - ;�,; .i;� ITT � : t' :\ t i ;� r,k _, ' . � ,yam., � S }�S•.• ii �• _ • r � • {I�'•� •�• � � •r a t:�'' d •7,� AP :r.= e � •"': .GBiQCI: `!` -:.:� ��� I rw� a '' -'°fir + •• Tr;.'"r q17�►= 1"� it } !�('w `.' :� t. '9 _: i. .'.cnc•- 'rys•Ii`�j�ri�.,ffi�5r: '75� >_ .. :,• =- ;.. ^'e :mr Mti ►1 [ Tyr 3i'r g r i *' ^� •�;1 ...�a al� .. � "� , •fj r r '��' P Fir ,.,; .`•�'�� �d y� ?'l„ �.= ' �� • �� �1: • '�: 'ter �• � : � -, +- •ara��' •• " � :,�.i1.r i` s •. ':� f . � .. fly' t •', }.�i { il1i j��I• ' , I.i �.: •i� 41 may, S, 1 ,• 0y�..� ..e✓ ••� -'rs - Wit... � �rr:�., %�J� � , ;�_l y }7 F+���• . {. ,:: .Ji ''.fit ^•i ,;.�' .c' � ..�� ;: • .'...,, _ A... - .��: ,;f , -,.�y k: „ •�, .:� _, ,, - •. ;.:,.yid • I � 1 � August 5, 1999 ORDINANCE X" , 1999 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ANNEXING INTO THE CITY .33 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF IDLEWILD ROAD, 1/4 MILE EAST OFF PROSPERITY FARMS ROAD; AND, REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID REAL PROPERTY; AND, PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City of Palm Beach Gardens received an application from Mutual Land Development Co., Ltd. for the annexation of .33 acres of land south of Idlewild Drive and 1/4 mile east of Prosperity Farms Road, as more particularly described in Exhibit `A' attached hereto; and WHEREAS, the Growth Management Department (the "Department ") has reviewed said application and determined that it is sufficient; and WHEREAS, the proposed annexation is consistent with the City's Comprehensive Plan; RT041 NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City of Palm Beach Gardens, Florida, hereby annexes to the City a compact contiguous parcel of land known as "MARINA GARDENS LOT 8" described in Exhibit "A" attached hereto and made a part hereof. Section 2. The boundaries of the City of Palm Beach Gardens, Florida are hereby redefined and shall include the real property described in exhibit "A" and said property is hereby declared to be within the corporate limits of the City of Palm Beach Gardens, Florida. Section 3. The land use regulations of Palm Beach County shall remain in effect as same pertains to the annexed lands, in accordance with Chapter 171, Florida Statutes, until the City of Palm Beach Gardens amends its Comprehensive Land Use Plan including said lands. Section 4. The City Clerk is authorized to forward the adopted ordinance to the clerk of the circuit court, the chief administrative officer of Palm Beach County, and the Department of Ordinance 32, 1999 State within 7 days after the adoption of such ordinance. Sectipn 4, All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Sectim 5. This Ordinance shall be effective upon date of passage. PLACED ON FIRST READING THIS THE DAY OF , 1999. PLACED ON SECOND READING THIS THE i, DAY OF , 1999. PASSED AND ADOPTED THIS THE DAY OF 51999. ATTEST: LINDA V. KOSIER mm VOTE: MAYOR 'RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO \G: \Long Range \ax9901.ord.wpd Ordinance 32 , 1999 Page 2 JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT Exhibit "A" "MARINA GARDENS - LOT W!I LEGA_T_, DESCRIPTIONS February 23, 1999 BOUNDARY SURVEY FOR: MUTUAL LAND DEVELOPMENT, CORP.. IThis survey Is made specifically and only for the following parties for the purpose of a dosing on the surveyed s • property. I Mutual Land Development, Corp. Attomeys' Title. insurance Fund, Inc. No responslbility.or Qabitity is assumed by the undersigned surveyor for any other purpose or to any other party other than stated above. IPROPERTY ADDRESS: 2326 Idlewiid Road, Palm Beach Gardens, FL; 33410 LEGAL DESCRIPTION: I A parcel of land in the Northeast one - quarter of Section 5, Township 42 South, Range 43 East, Palm Beach County; Florida, more particularly described as follows: From the Northeast comer of said Section 5, run thence South 2' 01' 47" West on the East line of said Section 5 a distance of 1644.62 feet, thence run North 88' 31' 05" West a distance of 1673.93 feet; thence run South 1' 30' 54" West, a distance of 70.74 feet to the POINT OF BEGINNING of the parcel herein conveyed; thence continue South 1' 30' S4" West a distance of 109.88 feet; thence run North 88.29' 06" West a distance of 130.0 feet; thence run North 1' 30' 54" East a distance of 111:46 feet; thence run South 87' 47'42" East a distance of 130.01 feet to the POINT OF BEGINNING.. Subject to easement for utilities over the South 6 feet thereof, and easement for road right of way over the West 30 feet and the North 6 feet thereof. i 1 k •' -- .._.r., • %DLEW /LD'. __ROAD � i o N F(ca aa�a�P,a�io�) 87� 7 • - S_8 / 048'23 "E s ,so. p w^• o�c� b 0 ``? n0� to �\ �� �•' ( : GO �� ,x`• �?'— war- �.,a8'cta: 13.0' ZCOlvc. O'CECP�WALL ry /30.Q0 #sAloo, 0.P s CLR. yf` 3 •(� m L,.Co'C/. S. (O. R. B. /G72, PG. /099) /107-6: PG-74 DOES NOT A,FF'62• 7,Y1S PROAISP7'Y. N N m - } WALLRCE.... YtnG � It�OttAT,ION • 10� tfsm�CM1 MIRMR II+R M, Nlft NIY ftdt 1111101 W0/•�Ni� MOMIt i f1ELO S.C. NO - 709biD "IP.a Bw•�1 -j'I 01"CL Ac- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 5, 1999 Date Prepared: July 29, 1999 Subject/Agenda Item: Consideration of Approval: Petition WV- 99 -03, Consideration of Waiver from Residential Component - Comprehensive Plan Mixed Use Criteria: "Catalfumo Parcel 12.04, northeast corner of MacArthur Boulevard and Northlake Boulevard ". Recommendation /Motion: Staff recommends denial of Resolution 70, 1999. Reviewed Originating Dept.: Costs: $_0 Council Action: QJ` Total n City Attorney Lr k_R Planning Division [ ] Approved $ 0 [ ] Approved w/ conditions ACM \K /' 'may Current FY Other N/A O [ ]Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating . Paper: [ ] Other N/A Resolution 70, 1999 Location Map June 3, 1999 memo: Urban Design Studio Community Meeting Att.: [ ] Not Required Urban Design Studio 4 Submitted by: ' \ Growth Mgt. it —Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: This is a request for a waiver from the mandatory residential requirement for a proposed Mixed Use Development. The location of the proposed development is Catalfumo Parcel 12.04. The 5.2 acre parcel is located on the northeast corner of MacArthur Boulevard and Northlake Boulevard (43E- 42S -18) At its April 15, 1999 meeting the City Council reviewed this petition and had concerns regarding the proposal's consistency with the City's Vision Plan. City Council also Agenda Cover Memorandum August 5, 1999 Page 2 requested that the petitioner come back with a more detailed analysis and justification for their request, addressing especially the potential impact on the neighboring residential uses. The Vision Plan recommended that the parcel in question eventually be developed as a Mixed Use Development with underlying Residential Medium use (up to 9 dwelling units per acre). City Council members had questions concerning the origin of this designation through the Vision Plan development process. Staff has reviewed the history of the Vision Plan development process and provides the following synopsis: The Vision Plan process was carried out with participants of the blue ribbon committee designating the parcels in a forum setting. The reasoning behind designating these parcels with underlying RM at the meeting was that they did not want to designate the parcel as Commercial because of the proximity to Lake Catherine development. They decided to go with RM instead of RL due to the proximity to Northlake Boulevard. In addition, no one felt comfortable giving these parcels just commercial or professional office land use. Part of this is because of the level of service on Northlake Blvd and Council's desire not to adopt the CRALLS. Council feels that a higher /better LOS can be achieved if everyone reduces densities /intensities through land use changes - so MXD with a residential component would be better from a traffic perspective than just non- residential. Per Council's request, the petitioner has met with the Lake Catherine, Sun Terrace, Bedford Estates, and the Plat 1 communities on July 21, 1999. A second meeting was held with the Lake Catherine Homeowners Association on July 26, 1999. (see attachment) Some of the concerns raised by the community included the following: (1) Increased traffic along MacArthur and Northlake Boulevards. (2) Conflicts with drop off pick -up hours at the Watkins Middle School. (3) The safety of school children who ride bikes or walk to the Middle School. The petitioner has responded to Council's inquiries and staff's concerns with a memo dated June 6, 1999. The memorandum has been attached for your review. Staff does not concur with all of the petitioner's interpretations of the Comprehensive Plan and maintains the following analysis for justification: The Comprehensive Plan Future Land Use Designation contains four criteria for allowing a non - residential Mixed -Use Development. The petitioner must demonstrate that their proposed site /development meets at least two of those four criteria to qualify for a waiver. City Council must approve or deny a waiver based on compliance with these criteria. Staff has determined that the petitioner has met only one of the following four criteria: Agenda Cover Memorandum August 5, 1999 Page 3 (1) The parcel represents in -fill development and is surrounded on three sides by non- residential land uses including man -made and natural barriers such as canals and major arterial roadways. The petitioner has met this criterion. The parcel is located east of Interstate 95, which complies with Eastward Ho! Development criteria and is not "leapfrog" development to the west. The parcel is bounded on the north by Recreation and Open Space land use, on the east by the C -17 Canal, on the south by Northlake Boulevard and on the west by vacant land with a Mixed Use (MXD) land use designation. It should be noted, however, that the project to the west will have a residential component unless waived by the City Council. (2) The density /intensity of existing or future land uses immediately surrounding the parcel are compatible with non - residential uses. The petitioner has not met this criterion. Staff has a concern regarding the compatibility of a retail /office development directly adjacent to this recreational area. The parcel is bound to the north by Recreation and Open Space Land Use. This site contains the existing Lake Catherine Sports Complex. The impact, aesthetic and otherwise, of the back of a retail center and all the uses associated with this, including noise and other nuisances, create an incompatible situation. A residential use could act as a transition between these two uses. (3) The adjacent surrounding planned and approved or existing built environment is over 60% residential, and non - residential uses are determined to provide for greater horizontal integration of uses. The petitioner has not met this criterion. There is no adjacent surrounding planned and approved or existing built environment which is residential. (4) Due to the size or configuration of the parcel, the ability to provide and economically feasible, sustainable, integrated residential component that functions to enhance and complement the other MXD uses is limited. The petitioner has not met this criterion. The petitioner has indicated that the site is only 5.2 acres and it is therefore not feasible to provide for office, retail and residential on this site. However, Staff has a concern that the petitioner has provided insufficient information to support this determination. Other mixed use development sites have been approved within the City which were comparable in size and included residential, specifically ;the PGA Commons. Most of the PGA Commons parcels are less than 500' deep, which is the depth of parcel 12.04. Staff is recommending that the petitioner consider combining both the 5.2 acre parcel and Agenda Cover Memorandum August 5, 1999 Page 4 the adjacent 7.25 acre parcel into one project, which may reduce the residential limitations perceived by the petitioner. Staff has determined that the justification presented by the petitioner does not meet two of the four criteria required by the Comprehensive Plan for a Non - residential Mixed Use Development application. Staff therefore recommends denial of a waiver for the residential component of a Mixed Use Development application. GALong Range \wv9903.st.2wpd.wpd PETITIONS WV -99 -03 & WV -99 -04 WAIVER APPLICATION FOR NON - RESIDENTIAL PUD CATALFUMO PARCELS 12.04 & 12.05 m August 5, 1999 RESOLUTION 70,1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A WAIVER FROM THE RESIDENTIAL REQUIREMENTS OF THE COMPREHENSIVE PLAN MIXED USE LAND USE CATEGORY FOR A 5.2 ACRE PARCEL OF LAND LOCATED AT THE NORTHEAST CORNER OF MACARTHUR BOULEVARD AND NORTHLAKE BOULEVARD; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the petitioner, Catalfumo Properties, is requesting a waiver from the residential requirements of the Comprehensive Plan Mixed Use Land Use Category for a 5.2 acre parcel of land located at the northeast corner of MacArthur Boulevard and Northlake Boulevard; WHEREAS, the City Council has determined that the proposed petition meets the criteria set forth in Policy 1.1.1.3 of the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby approves a waiver from the residential requirements of the Comprehensive Plan Mixed Use Land Use Category for a 5.2 acre parcel of land located at the northeast corner of the MacArthur Boulevard and Northlake Boulevard, as described in attachment "A ", which is incorporated as part of this resolution. Section 2. This resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF '1999 MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. CITY ATTORNEY VOTE: AYE NAY ABSENT COUNCILMEMBER RUSSO COUNCILMEMBER FURTADO COUNCILMEMBER JABLIN COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO G: \Short Range \wv9903.re.wpd Resolution 70, 1999 Page 4 V00010 -t -TD m r- 0 -" cD •-•' �' 00 D m EXHIBIT ".A!' �t Moo e o o — 0-10 �•rnn �`� o f -t w mA 0 D r D CD - CD cO o N Q 00 00 � n ZO O o O m p Z7 —Q•m N CD tD�p— 1 coo °'� �� O O Q o CD c-%„A —QO o OCn-z'�pr+ < ao jo CD V) `-° m a° Q o -o -� p � z.< O'< -. M ? =3 0) �0 .. O"' co - `aN C0� vc m c �-4 `1 w v Co ' .+- -+ l< O O CO Q p (b CD 0 -O cQ`<O o � �?• r OD � � .. � Q Wrtp• p N p a.�SQ vi Q. p (n Q- O co - V) o `<00 c �rt CD. O CD 0' S c tp 0 3 0 m— p W W ~ O r% Q CD CD '^�• -p- tin K 7 p m O -+ T� -.0 C) n CA C -. (D CD C) Z CD N Q %0 - rt CD CD �NS0- '. CD fD •O 's m — CD C7 SO 0 o p,T o CD O�O�� :3 QO wv cl T - -• — W CD z 0 y x r 0 r c z d n z y x z z o� H � x� � y y � 7� Or June 3, 1999 Roxanne Manning, Director Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33401 Oki _ "'4- RE: Parcel 12.04- Located on the Northeast corner of Northlake Boulevard and MacArthur Boulevard Waiver from Mandatory Residential Component in a MXD - Additional Justification Dear Roxanne: �-6 urban s,u&io Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics In response to the staff comment (report dated April 9, 1999), the following information is provided as further justification for our request for a waiver from the mandatory residential requirement for a MXD at this location. BACKGROUND The City's Comprehensive Plan requires that two of the four conditions for a waiver be met in order for the City Council to grant a waiver. The request was submitted based on the subject parcel meeting three of the four criteria. The staff agreed that the parcel meets the infill condition (Criteria 1) but failed to find sufficient information to conclude that the parcel met any of the other criteria. ADDITIONAL JUSTIFICATION Criteria 2 requires that the density/intensity of existing or future land uses immediately surrounding the parcel are compatible with non - residential uses. The subject site fulfills this requirement based on both the future land use designations and the existing development. Currently, all but one side of the subject site is developed. This parcel is immediately surrounded on the south by a major arterial, Northlake Boulevard, then Wendy's and Cosco across the street; to the north is a lighted sports complex (Lake Catherine Complex); to the west lies a vacant MXD site and commercial properties; and to east is a canal and more commercial properties including Pep Boys Auto Center. Based on the existing land uses all sides are non - residential uses, thus compatibility with adjacent land uses is maintained. The north side is intense recreational development which is compatible with nonresidential uses. The parcel to the west is vacant but designated for mixed use development which would require nonresidential uses and east is a continuation of commercial uses along Northlake Boulevard. 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409-6582 661.689.0066 561.689.0551 fax G. \COMMONVobs\Cata lfumo \Parl2.04\PBOletterdmft1204.wpd LCC35 Irvine, CA 714.489.8131 Concerns for compatibility of office and retail uses adjacent to the recreational facility seem inconsistent with current policy. As a NM, the parcel is required to have non residential components. Additionally, the Comprehensive Plan designates Lake Catherine Complex as a Community versus a Neighborhood recreational area. Community recreational areas are "for more intense recreational activities" (page 7 -3 PBG Comprehensive Plan ROS Support Document). Other existing community parks have nonresidential uses adjacent to them. See attached map 7 -1. The future land use to the west is Palm Beach Gardens (PBG) MXD and then Palm Beach County Commercial; PBG ROS (Recreation Open Space) lies to the north; to the east is PBG Commercial and to the south across Northlake Boulevard is PBG Commercial. Four sides of the subject site include future land uses which require nonresidential uses already. Please see attached maps for confirmation of the Future Land Use Designations. Criteria 3 requires that the adjacent surrounding planned and approved or built environment is over 60% residential. Based on the above discussion, the petitioner concurs with staff that the surrounding planned and approved or existing development does not represent over 60% residential use in the area. Criteria 4 states that due to size or configuration of the parcel, the ability to provide an economically feasible, sustainable, integrated residential component that functions to enhance and complement the other MXD uses is limited. This parcel due to site constraints is limited in its ability to provide economically feasible and sustainable residential units at this location. The City's Comprehensive Plan recognizes the individuality of parcels and site conditions should provide for flexibility in the design and development of MXD sites. The subject property is only 5.2 acres and has multiple development challenges that physically constrain development at this location. The parcel abuts a major thoroughfare with a strong commercial character. The site is also limited by the fact it is one of only two properties in the City subject to the provisions of the Historic Banyan Tree Ordinance which requires extraordinary landscaping and tree protection considerations in the site design. The staff report suggests combining parcels 12.05 with 12.04 to make the project more feasible. These parcels are in separate ownership. In comparing the subject property to a residential mixed use development like PGA Commons, the existing character of the two areas must be taken into consideration. PGA Commons is located in an area with a mix of both residential and commercial uses unlike the subject site on Norhtlake with its auto oriented commercial character. In fact PGA Boulevard at this location has "residential properties that front PGA and PGA Boulevard provides a pedestrian friendly parkway. The Commons parcel is not subject to the same existing conditions or the Banyan Tree Ordinance requirements which make it more difficult to mitigate the negative externalities of the surrounding area on parcel 12.04. The size of the site also effects economic feasibility and long term sustainability of residential units at this location. Basic macro economics principles include supply and demand and the G:\COMMON\Iobs\Catalftm\Parl2.04\PBOletterdmftl2O4.wpd LCC35 value of an economy of scale in the market place. First, it is clearly recognized the existing auto oriented Northlake corridor does not create a people friendly environment that lends itself to a residential development on this site. The size of the subject site limits the amenities and buffering opportunities to compensate for this fact. Thus demand would suffer and rents would be deflated to below market levels required in order to sustain desirable development. Further limiting economic feasibility is the fact the number of units would not provide an economy of scale that would support site amenities, landscaping and property maintenance considerations that would be required to compensate for the locational constraints and further the intent of the Banyan. Tree Ordinance. REQUEST Based upon this additional information, it is requested that staff re- review our request for a waiver from the residential requirement for a proposed MXD. Should you have any questions about this request, please feel free to contact me at 689 -0066. Sincerely, Urban Design Studio Hank Skokowski, C Principal cc: Ken Blair, Catalfumo Steve Mathison 0: \COMMONV obs\Catalfumo\Parl2 .04\PBOletterdreftl204.wpd LCC35 MEMO TO: File FROM: Dodi Glas DATE: July 27, 1999 RE: Parcel 12.04 and Parcel 12.05 Resident Meeting Our Reference #19023.00 and #19024.00 RESIDENT MEETING held at the Palm Beach County Public Library in Palm Beach Gardens on July 21, 1999 at 7pm. urban Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics INVITEES included residents of the surrounding properties and those that live to the north and west of the subject parcels. The homeowner associations represented included Bedford at Lake Catherine, Sun Terrace at Lake Catherine, and Sun Terrace at the Gardens. A map of the communities and meeting attendance sheets are attached. SUMMARY of comments: There was a good turn out frotn the community. The group seemed pleased with the presentation of the plans and the renderings. The residents expressed the most concerned for traffic particularly along MacArthur Boulevard. Concerns included drive through traffic (from Northlake north) increasing, traffic congestion during school drop -off /pick -up hours and safety of school children, and congestion on Northlake Boulevard. Other comments included questions about the huffering and a possible fence along the north property line of parcel 12.05, site lighting, provisions for additional parking for the Lake Catherine Complex, and the type of uses, tenants expected. There were also several comments regarding the existing conditions of the subject parcels (maintaining the property and trimming the Banyan tree.) PRESENTATION FORMAT: Ken Blair ftom Catalfutno began the presentation with an overview of the project and the anticipated approval process and timing. Hank Skokowski of Urban Design Studio walked through the site plan and renderings and facilitated questions from the residents. The presentation last about thirty minutes and then was followed with about forty minutes of questions and comments. FOLLOW-UP: Ken Blair suggested that residents should decide as a group what they would like to see as landscaping and we would work with them. The residents should also he prepared to support the landscape plan that is developed with their input before the City Council. Ken Blair also said he would address the maintenance of the parcels. It was requested by a board member of the Lake Catherine Home Owners Association that we bring the renderings to their meeting on Monday night, July 26, 2000 Palm Reach Lakes Boulevard 199(). Sint. 600 The C c :v�UMMONUnds Caca�rU ,a��•('ar�2,05WEMoF!1Mes -WM) L xIi oncourse West Palm Beach, Florida 33409-6582 561.689.0066 561.689.0551 tax ti Irvine, CA 714.489.8131 F I LE No. 1:32 47/28 '99 08: *,:Q I D: LFd3PN DES I GN 1 h U d 7 L 1 � vn� �Gi 1A A r r VFV tc Vu ✓,� c� N Mink is e..`s� t �� ELM i� Y.. 1 h U d 7 L 1 � vn� �Gi 1A A r r VFV tc Vu ✓,� c� N Mink is e..`s� t �� ELM FILE No .132 0728 '99 08:33 ID:UREM DESIGN Fr4X:5616890551 AA A,l Y r0 11 r,,e j-t!r, Y. Z4�1 4 vj ei... 4—e— (w �24(- 05 C Y- - Ke vp oT r- I r m FAX :5616890551 PACE 5/ 8 %ef„la.► /�� <fi',�rf�ue .�.�. C�•�isw�. /�s�s� -� .�,�.o,ca L', .l..E. s�t.E rsvas 1' Tri�ki4 �cI�O eu 79a 33 / �'v'� k^c�r 'i) 't3r.d�- ccl ��e.� i'1.36� j =L :>.)�/� .Y /�`�0 }1 h '�' `Nla..i�. C• i� Cd. ( �,t c>2C� I! Gk�o �,,1 fi) �' � ?(� G -, T�'L ;� � � /C).s FILE No.132 07/28 199 08:34 ID:LRBm DESIGN I• FAX:5616890551 PAGE 6/ 8 r �/ %� � �AJ" Cpl T,,//t����+•� ,q� � "r��! ' ~�/ .nraz9 3 0 '*6 .Z oi( �Ad Qr: F I L.E No .132 0728 199 08:34 I D :L1 SPN DESIGN MEMO TO: file Urban Design FROM: Dodi Chas urban Planning Land Planning DATE: July 27, 1999 Landscape Architecture Communication Graphics RE: Parcel 12.04 and Parcel 12.05 Resident Meeting with Lake Catherine Horne Owners Association Our Reference # 19023.00 and # 19024.00 RESIDENT MEETING held at the Palm Beach County Public Library in Palm Beach Gardens on July 26, 1999 at 7pm. This was the regularly scheduled meeting of* the Lake Catherine Home Owners Association. An attendance sheet is attached. SUMMARY of comments: Approximately fifteen residents were in attendance. The president of the association, Bill Kelly who attended the previous meeting gave a review of the project and suggested that the Board should take formal action on the preferred landscaping along their property line (and parcel 12.05). He suggested they consider a Fcus hedge. pee Sabers, another Board member who attended the previous meeting, went on to explain she had requested the renderings be shared at tonight's meeting and that she would like the group to form a list of questions on the proposed project. The meeting quickly bet,,an as open comments and questions from the attendees about traffic concerns. Board member Dee Sabers requested that they first review the information and requested that 1 proceed to show the renderings. I briefly reviewed the projects and where the projects are in the process. Several general questions were asked regarding access to the site and what the back side of the buildings would look like. Several comments were made in favor of the building design and preferences for smaller retail in the area and the accessibility to the community (not having to get on Northlake to get some services). There was also a concern expressed about the possible competition to other commercial properties in the area. " PRESENTATION FORMAT: I was the only member of the development team in attendance. Following the board members comments and introduction, I presented the renderings, briefly discussed the projects and answered questions. The meeting lasted approximately an half an hour. FOLLOW -UP: I noted we would stay in touch as we proceed in the land development processes with the City. QACOMM0N\rWi1F0RMATt W-MOLuku Gghvdne.WPD LCC7S 2000 Palm Roach Lakss Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.689.0551 fax Irvine, CA 71 a.a99.8131 FILE No.132 0728 199 08 :35 ID:URBAN DESIGN FAX :5616890551 PAGE 8.• 8 L an L GC `?`x:9.3 . � �..h•.�- n�.o� -�� �. � .. ....... . go C.%^ * 70 3 Lad- '&,• -�c�-t G�7 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 5, 1999 Date Prepared: July 29, 1999 Subject/Agenda Item: Item for City Council Action: Petition WV- 99 -04, Consideration of Waiver from Residential Component - Comprehensive Plan Mixed Use Criteria: "Catalfumo Parcel 12.05, northwest corner of MacArthur Boulevard and Northlake Boulevard ". Recommendation /Motion: Staff recommends denial of Resolution 71, 1999. Reviewed by:` Originating Dept.: Costs: $_0 Council Action: `(l,� Total City Attorney tl � ACM \\o Planning Division 4Vi� $ 0 [ ] Approved [ ] Approved wicondnions '%/ Current FY Other N/A [ )Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ ] Other N/A Location Map Resolution 71, 1999 June 3, 1999 memo: Urban Design Studio Community Meeting Att. [ ] Not Required Urban Design Studio Submitted by: Grow h ector Affected parties Budget Acct. #: Approved by: [ ] Notified [ ] None City Manager [ x ] Not required BACKGROUND: This is a request for a waiver from the mandatory residential requirement for a proposed Mixed Use Development. The location of the proposed development is Catalfumo Parcel 12.05. The 7.43 acre parcel is located on the northwest corner of MacArthur Boulevard and Northlake Boulevard (43E- 42S -18) At its April 15, 1999 meeting the City Council reviewed this petition and has concerns regarding the proposals consistency with the City's Vision Plan. City Council also requested that the petitioner come back with a more detailed analysis and justification for Agenda Cover Memorandum August 5, 1999 Page 2 their request, addressing especially the potential impact on the neighboring residential uses. The Vision Plan recommended that the parcel in question eventually be developed as a Mixed Use development with Residential Medium (up to 9 dwelling units per acre) underlying use. City Council members had questions concerning the origin of this designation through the Vision Plan development process. Staff has reviewed the history of the Vision Plan development process and provides the following synopsis: The Vision Plan process was carried out with participants of the blue ribbon committee designating the parcels in a forum setting. The reasoning behind designating these parcels with underlying RM at the meeting was that they did not want to designate the parcel as Commercial because of the proximity to Lake Catherine development. They decided to go with RM instead of RL due to the proximity to Northlake Boulevard. In addition, no one felt comfortable giving these parcels just commercial or professional office land use. Part of this is because of the level of service on Northlake Blvd and Council's desire not to adopt the CRALLS. Council feels that a higher /better LOS can be achieved if everyone reduces densities /intensities through land use changes - so MXD with a residential component would be better from a traffic perspective than just non - residential. Per Council's request, the petitioner has met with the Lake Catherine, Sun Terrace, Bedford Estates, and the Plat 1 communities on July 21, 1999. A second meeting was held with the Lake Catherine Homeowners Association on July 26, 1999. (see attachment) Some of the concerns raised by the community included the following: (1) Increased traffic along MacArthur and Northlake Boulevards. (2) Conflicts with drop off pick -up hours at the Watkins Middle School. (3) The safety of school children who ride bikes or walk to the Middle Sohool. The petitioner has responded to Council's inquiries and staff's concerns with a memo dated June 6, 1999. The memorandum has been attached for your review. Staff does not concur with all of the petitioner's interpretations of the Comprehensive Plan and maintains the following analysis for justification: The Comprehensive Plan Future Land Use Designation contains four criteria for allowing a non - residential Mixed -Use Development. The petitioner must demonstrate that their proposed site /development meets at least two of those four criteria to qualify for a waiver. City Council must approve or deny a waiver based on compliance with these criteria. Staff has determined that the petitioner has not met any of the criteria: (1) The parcel represents in -fill development and is surrounded on three sides by non- residential land uses including man -made and natural barriers such as canals and a Agenda Cover Memorandum major arterial roadways. August 5, 1999 Page 3 The petitioner has not met this criterion: The parcel is located east of Interstate 95, which complies with Eastward Ho! Development criteria and is not "leapfrog" development to the west. However, the petitioner has not met the second part of this criterion. The parcel is bounded on only two sides by non - residential land use. The north side is Residential Medium and contains the existing Lake Catherine residential development. To the east is Mixed Use (MXD) land use. The Mixed Use (MXD) land use designation is not considered a non - residential land use due to the fact that this designation is required to have a residential component, unless a waiver is granted by City Council. (2) The density /intensity of existing or future land uses immediately surrounding the parcel are compatible with non - residential uses. The petitioner has not met this criterion. Staff has a concern regarding the compatibility of a retail /office development directly adjacent to a residential area. The parcel is bound to the north by Residential Medium (RM) Land Use. This site contains the existing Lake Catherine residential development. The impact, aesthetic and otherwise, of the back of a retail center and all the uses associated with this, including noise and other nuisances, could create an incompatible situation. A residential component could act as a transition between these uses. (3) The adjacent surrounding planned and approved or existing built environment is over 60% residential, and non - residential uses are determined to provide for greater horizontal integration of uses. The petitioner has not met this criterion. The adjacent surrounding planned and approved or existing built environment is not over 60% residential. The adjacent residential land use consists of only 20.3% of the total adjacent properties to this site. (4) Due to the size or configuration of the parcel, the ability to provide and economically feasible, sustainable, integrated residential component that functions to enhance and complement the other MXD uses is limited. The petitioner has not met this criterion. The petitioner has indicated that the site is only 7.25 acres and it is therefore not feasible to provide for office, retail and residential on this site. However, Staff has a concern that the petitioner has provided insufficient information to support this determination. Other mixed use development sites have been approved within the City which were comparable in size and included residential, specifically the PGA Commons. Most of the PGA Agenda Cover Memorandum August 5, 1999 Page 4 Commons parcels are less than 500 feet deep, which is the depth of parcel 12.05. Staff is recommending that the petitioner consider combining both the 7.25 acre and 5.2 acre parcels into one project, which. may reduce the residential limitations perceived by the petitioner. Staff has determined that the justification presented by the petitioner does not meet two of the four criteria required by the Comprehensive Plan for a Non - residential Mixed Use Development application. Staff therefore recommends denial of a waiver for the residential component of a mixed use development. GALong Range \wv9904.st.wpd PETITIONS WV -99 -03 & WV -99 -04 WAIVER APPLICATION FOR NON - RESIDENTIAL PUD CATALFUMO PARCELS 12.04 & 12.05 I e x a � k ��� 0 x'4 a [ t � ✓tt n rf FJy,a '. RP 4 J € `�+� � �'�^ �� `�� ��a' 4�°�.. '' ¢ <� kn ks4 � �qz... �$ ��.. s„•kF^ L:o4��,y 'F S f . ..... . .. . . . .. . . . . . .. ...... { r 4 ll t iiv w: X.: ((¢QQ( a I August 5, 1999 RESOLUTION 71,1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A WAIVER FROM THE RESIDENTIAL REQUIREMENTS OF THE COMPREHENSIVE PLAN MIXED USE LAND USE CATEGORY FOR A 7.43 ACRE PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF MACARTHUR BOULEVARD AND NORTHLAKE BOULEVARD; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the petitioner, Catalfumo Properties, is requesting a waiver from the residential requirements of the Comprehensive Plan Mixed Use Land Use Category for a 7.43 acre parcel of land located at the northwest corner of MacArthur Boulevard and Northlake Boulevard; WHEREAS, the City Council has determined that the proposed petition meets the criteria set forth in Policy 1.1.1.3 of the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby approves a waiver from the residential requirements of the Comprehensive Plan Mixed Use Land Use Category for a 7.43 acre parcel of land located at the northwest corner of the MacArthur Boulevard and Northlake Boulevard, as described in attachment "A ", which is incorporated as part of this resolution. Section 2, This resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF , 1999 MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. CITY ATTORNEY VOTE: AYE NAY ABSENT COUNCILMEMBER RUSSO COUNCILMEMBER FURTADO COUNCILMEMBER JABLIN COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO G: \Short Range \wv9904.re.wpd Resolution 71, 1999 Page 4 3•O'o - � 3�0 C) a°, -a�v o ,,. C4 s(A ,. NOO "SAGO 0 CD Q CD r* 0) A (A = -a c CD p�rtrr ZnacM O(@Q�Q O = -h O A G. o -�• aCDC: .fir fl. ; 0 n O(DoQ(�D o O 3, 0 _.,°�`< O a0�� -„ o-*,Wn A oODOO 1 0'- -10. ._fl N D dip IAN AACD =_T O 0 o. ��'' < O a -. <o -.0.°' �0� 0 FL cr) U cp7o p "{ Q` 00 P (4 � :'O CD VD O� 0) °•°0�'� o -+- ;ocb ==00 Q. A O -� at° EXHIBIT "A" 00D 030 V! W A m� 0 O G7 � 00. 0.0 0 C to p 33 N CQ m Ca A {Oj O ^ J \0 ?1 N O .0 a� � N fl.= CD• �" c0 0 00 �U 0 00 T fl 0. _. CD 00 1. Q 00 W-, r m r a N rn O � O 2 �11r 0 l J �I J c Z O y x r 0 r c �Z d H x z z 0 x y C� O O n y x r! b t� r June 3, 1999 Roxanne Manning, Director Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33401 �S OI �, RE: Parcel 12.04- Located on the Northeast corner of Northlake Boulevard and MacArthur Boulevard Waiver from Mandatory Residential Component in a MXD - Additional Justification Dear Roxanne: K9 urban siuNio Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics In response to the staff comment (report dated April 9, 1999), the following information is provided as further justification for our request for a waiver from the mandatory residential requirement for a MXD at this location. BACKGROUND The City's Comprehensive Plan requires that two of the four conditions for a waiver be met in order for the City Council to grant a waiver. The request was submitted based on the subject parcel meeting three of the four criteria. The staff agreed that the parcel meets the infill condition (Criteria 1) but failed to find sufficient information to conclude that the parcel met any of the other criteria. ADDITIONAL JUSTIFICATION Criteria 2 requires that the density/intensity of existing or future land uses immediately surrounding the parcel are compatible with non - residential uses. The subject site fulfills this requirement based on both the future land use designations and the existing development. Currently, all but one side of the subject site is developed. This parcel is immediately surrounded on the south by a major arterial, Northlake Boulevard, then Wendy's and Cosco across the street; to the north is a lighted sports complex (Lake Catherine Complex); to the west lies a vacant MXD site and commercial properties; and to east is a canal and more commercial properties including Pep Boys Auto Center. Based on the existing land uses all sides are non - residential uses, thus compatibility with adjacent land uses is maintained. The. north side is intense recreational development which is compatible with nonresidential uses. The parcel to the west is vacant but designated for mixed use development which would require nonresidential uses and east is a continuation of commercial uses along Northlake Boulevard. 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.689.0551 fax 0: \COMMONVobs\CatalfumolPar l2.041PBOletundmftl204.wpd LCC35 Irvine, CA 714.489.8131 Concerns for compatibility of office and retail uses adjacent to the recreational facility seem inconsistent with current policy. As a MXD, the parcel is required to have non residential components. Additionally, the Comprehensive Plan designates Lake Catherine Complex as a Community versus a Neighborhood recreational area. Community recreational areas are "for more intense recreational activities" (page 7 -3 PBG Comprehensive Plan ROS Support Document). Other existing community parks have nonresidential uses adjacent to them. See attached map 7 -1. The future land use to the west is Palm Beach Gardens (PBG) MXD and then Palm Beach County Commercial; PBG ROS (Recreation Open Space) lies to the north; to the east is PBG Commercial and to the south across Northlake Boulevard is PBG Commercial. Four sides of the subject site include future land uses which require nonresidential uses already. Please see attached maps for confirmation of the Future Land Use Designations. Criteria 3 requires that the adjacent surrounding planned and approved or built environment is over 60% residential. Based on the above discussion, the petitioner concurs with staff that the surrounding planned and approved or existing development does not represent over 60% residential use in the area. Criteria 4 states that due to size or configuration of the parcel, the ability to provide an economically feasible, sustainable, integrated residential component that functions to enhance and complement the other MXD uses is limited. This parcel due to site constraints is limited in its ability to provide economically feasible and sustainable residential units at this location. The City's Comprehensive Plan recognizes the individuality of parcels and site conditions should provide for flexibility in the design and development of MEX D sites. The subject property is only 5.2 acres and has multiple development challenges that physically constrain development at this location. The parcel abuts a major thoroughfare with a strong commercial character. The site is also limited by the fact it is one of only two properties in the City subject to the provisions of the Historic Banyan Tree Ordinance which requires extraordinary landscaping and tree protection considerations in the site design. The staff report suggests combining parcels 12.05 with 12.04 to make the project more feasible. These parcels are in separate ownership. In comparing the subject property, to a residential mixed use development like PGA Commons, the existing character of the two areas must be taken into consideration. PGA Commons is located in an area with a mix of both residential and commercial uses unlike the subject site on Norhtlake with its auto oriented commercial character. In fact PGA Boulevard at this location has residential properties that front PGA and PGA Boulevard provides a pedestrian friendly parkway. The Commons parcel is not subject to the same existing conditions or the Banyan Tree Ordinance requirements which make it more difficult to mitigate the negative externalities of the surrounding area on parcel 12.04. The size of the site also effects economic feasibility and long term sustainability of residential units at this location. Basic macro economics principles include supply and demand and the 0:\ COMMONVobs\ Catalfu =\Pu12.04\PBOletterdmft1204.wpd LCC35 �l value of an economy of scale in the market place. First, it is clearly recognized the existing auto oriented Northlake corridor does not create a people friendly environment that lends itself to a residential development on this site. The size of the subject site limits the amenities and buffering opportunities to compensate for this fact. Thus demand would suffer and rents would be deflated to below market levels required in order to sustain desirable development. Further limiting economic feasibility is the fact the number of units would not provide an economy of scale that would support site amenities, landscaping and property maintenance considerations that would be required to compensate for the locational constraints and further the intent of the Banyan Tree Ordinance. REQUEST Based upon this additional information, it is requested that staff re- review our request for a waiver from the residential requirement for a proposed MXD. Should you have any questions about this request, please feel free to contact me at 689 -0066. Sincerely, Urban Design Studio Hank Skokowski, C Principal cc: Ken Blair, Catalfumo Steve Mathison 0:\ COMMONVobs\ Catalf umoTar12.04\PBOletterdmft1204.wpd LCC35 FILE No.132 07/28 199 08:31 ID:URBAN DESIGN I MEMO FAX:5616890551 PAGE 2/ 8 TO: File FROM: Dodi Glas DATE: July 27, 1999 RE: Parcel 12.04 and Parcel 12.05 Resident Meeting Our Reference #19023.00 and #19024.00 RESIDENT MEETING held at the Palm Beach County Public Library in Palm Beach Gardens on July 21, 1999 at 7pm. •i Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics INVITEES included residents of the surrounding properties and those that live to the north and west of the subject parcels. The horreowner associations represented included Bedford at Take Catherine, Sun Terrace at Lake Catherine, and Sun Terrace at the Gardens. A map of the communities and meeting attendance sheets are attached. SUMMARY of comments. There was a good turn out from the community. The group seemed pleased with the presentation of the plans and the renderings. The residents expressed the most concerned for traffic particularly along MacArthur Boulevard. Concerns included drive through traffic (from Northlake north) increasing, traffic congestion during school drop- otT'Ipick -up hours and safety of school children, and congestion on Northlake Boulevard. Other comments included questions about the buffering and a possible fence along the north property line of parcel 12.05, site lighting, provisions for additional parking for the Lake Catherine Complex, and the type of uses, tenants expected There were also several comments regarding the existing conditions of the subject parcels (maintaining the property and trimming the Banyan tree.) PRESENTATION FORMAT: Ken Blair from Catalfttmo began the presentation with an overview of the project and the anticipated approval process and timing. Hank Skokowski of Urban Design Studio walked through the site plan and renderings and facilitated questions from the residents. The presentation last about thirty minutes and then was followed with about forty minutes of questions and comments. FOLLOW -UP: Ken Blair suggested that residents should decide as a group what they would like to see as landscaping and we would work with them. The residents should also he prepared to support the landscape plan that is developed with their input beforte the City Council. Ken Blair also said he would address the maintenance of the parcels. It was requested by a board member of the Lake Catherine Home Owners Association that we bring the renderings to their meeting on Monday night, July 26, 2000 palm Reach Lakes Boulevard 1990• Suite 600 The Concourse West Palm Beach, Florida 33409.6582 561.689.0066 $61.689.0551 tax t �:v`UMMOM1ubsK'rsalru,ao'Parl 7,U51(�tE14fQf ilcKca. W Y! Lc:r.)s Irvine, CA 714.489.8131 FILE No .132 07/28 199 08:32 1 D: UZBPN DES I GN l.r 00 . A,w !V11.4 !A y lo"..Bc Ki, FOX:5616890551 PAGE :3/ 8 A I w V1 mns OW N i '1 � 1 '�: & «i + O 70 A mg ui vr I LA I 4b .0 FILE No.132 0728 '99 08:33 1 D: UREM DES I GN FAX:5616890551 PAGE 41 8 9,,1.7-qq A,t Ll . P t. c, /A a of 3'4c 7e- A FILE No.132 07/28 '99 08:33 ID:URBPN DESIGN FAX:5616890551 PAGE 5/ 8 4",e IJVcLt 4-// r*M-e A- itif� y I C 4,bAIG i h K� cir car / 13 J �D�h FILE No.132 07/28 199 08:34 ID:LRBA\l DESIGN .toy rc ,� Z� -F-7 4-rt rc 6-c Nko FAX:5616890551 PPGE 6i 8 c2 e 49-t crO -3 ire kO .2-01( �d �ra,U er. F I L.E No .132 07/28 '99 08:34 I D: U�BPN DES I GN FAX :561to51 PATE 7/ 8 u MEMO TO: File " Urban Design FROM: Dodi Glas Urban Planning Land Planning DATE,. July 27, 1999 Landscape Architecture Communication Graphics RE: Parcel 12.04 and Parcel 12.05 Resident Meeting with Lake Catherine Horne Owners Association Our Reference # 19023.00 and # 19024.00 RESIDENT MEETING held at the Palm Beach County Public Library in Palm Beach Gardens on July 26, 1990 at 7pm. This was the regularly scheduled meeting of the Lake Catherine Horne Owners Association. An attendance sheet is attached. SUMMARY of comments: Approximately fifteen residents were in attendance. The president of the association, Bill Kelly who attended the previous meeting gave a review of the project and suggested that the Board should take formal action on the preferred landscaping along their property line (and parcel 12.05). He suggested they consider a ficus hedge. Dee Sabers, another Board member who attended the previous meeting, went on to explain she had requested the renderings be shared at tonight's meeting and that she would like the group to form a list of questions on the proposed project. The meeting quickly began as open comments and questions from the attendees about traffic concerns. Board member Dee Sabers requested that they first review the information and requested that i proceed to show the renderings. I briefly reviewed the projects and where the projects are in the process. Several general questions were asked regarding access to the site and what the back side of the buildings would look like. Several comments were made in favor of the building design and preferences for smaller retail in the area and the accessibility to the community (not having to get on Northlake to get some services). There was also a concern expressed about the possible competition to other commercial properties in the area. PRESENTATION FORMAT: I was the only member of the development team in attendance. Following the board members comments and introduction, I presented the renderings, briefly discussed the projects and answered questions. The meeting lasted approximately an haif an hour. FOLLOW -UP: 1 noted we would stay in touch as we proceed in the land development processes with the City. 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.669.0551 fax 0AC0MM0MD0dikV09MnTS MWOLuku Caphafinn.WPD LCC 35 ♦I Irvine, CA 714.489.8131 FAX:5616 551 PA( 8: 8 _ ...... ... �, ,• . x`7..0.3 . � go c7e'.. .. r .` 1. r ......... CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 5, 1999 Date Prepared: June 23, 1999 SUBJECT /AGENDA ITEM: Resolution 83, 1999: Site Plan Approval for Petition SP -99 -06 entitled "Stainsafe — Lots 7 & 8 in PGA Commerce Park." RECOMMENDATION /MOTION: Staff recommends that Resolution 83, 1999 be approved with 7 conditions. Reviewed by: � j!/1 Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Approved FinanfQ NA ACM`s / /;? �,, l J / $ Current FY [ ]Approved w/condiGons ddddd����� / ((("'��� VVV [ ]Denied Human R�(:s. NA Other NA Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ]Operating Paper: [ ] Other *Resolution 83, 1999 *Letter from Llwyd Ecclestone dated 5/19/99 /Waiver & justification requests *PGA POA sign -offs dated 5/13/99 & 5/20/99 *Letter from PBC Traffic Division Engineer Al Federico dated 7/26/99 [ x ] Not Required *Site Plan Submitted b Growth Ma Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required REQUEST: A request by Richard Sun, agent for the Stainsafe Companies, for site plan approval of 127,317 square feet of a mixed -use office /warehouse facility to be located within the PGA National Commerce Park (composed of Lots 1 through 8), at the north side of Hiatt Drive, approximately'/ mile from the intersection of Hiatt Drive and Northlake Boulevard within PGA National Planned Community District. The request also includes the repeal of the previously approved development order for Lot 8 (Resolution 71, 1998), and the amending and expanding of the development order for Lot 7 (Resolution 117, 1997) to encompass Lot 8 (see "Background" discussion below). Stainsafe Companies is the owner of both Lots 7 and 8, and consents to this request. (15- 42S -42E) BACKGROUND: Lots 7 and 8 of PGA National Commerce Park are 2.244 and 8.06 acres, respectively, located on the north side of Hiatt Drive, approximately'/ mile from the intersection of Hiatt Drive and Northlake Boulevard within the PGA National Resort Community. It is bordered on the west by a canal and landscape buffer, across which is the PGA National City Park. On the north, across a 30 -foot wide landscape berm and canal is the Cypress Pointe Condominium. On the east are industrial lots approved for industrial office and warehouse uses. On the south across Hiatt Drive are additional industrial office uses and a Montessori private school. Lot 7 is the site of an existing 26,000 square -foot office warehouse building, completed for the Stainsafe Companies in 1998 (approved with Resolution 117, 1997). Lot 8 is a vacant parcel. A previous site plan was approved (Resolution 71, 1998) for PGA Storage and was comprised of six (6) buildings totaling 134,445 square feet of warehouse and office. There were no conditions with the original approval of Lot 7; however there were three conditions with the approval of Lot 8 (see attached Resolution 71, 1998). Two of the conditions of approval listed in Resolution 71, 1998 will be restated in any future approval for this petition. On December 5, 1996 the landscape buffer on the north side of Commerce Park was created by Resolution 173, 1996, which was completely installed at the time the LRP Publication Headquarters was constructed on Lots 5 and 6, to the east of this site. Resolution 173, 1996 also states that land uses within Commerce Park are governed by the terms of the M -1- Research and Light Industrial Park District, as well as by the terms of the "PGA National Commerce Park Development Guidelines" from January 1987. "Professional and Business Offices" and "Warehouses" are permitted uses in both the M -1 Zoning District and the Commerce Park Design Guidelines. 2 LAND USE AND ZONING: The current land use designation for the subject site is Industrial (1) with a Planned Community District (PCD) zoning. For a complete listing of adjacent uses, land use designations and zoning districts, see Table 1 on page 8. The proposed project's consistency with the code and PGA National Commerce Park Design Guidelines are listed in Table 2 on page 9. TRAFFIC CONCURRENCY: The project is located within PGA National Planned Community District; therefore, the proposed project is vested regarding traffic concurrency. However the petitioner dtd establish that there were still traffic trips available in the PGA National "trip pool" and that PGA National would make these trips available (see attached letter from Llwyd Ecclestone dated May 19, 1999). As required by the PGA National development order, the applicant also conducted a Traffic Signal Warrant Study to determine if a traffic light is required at.the intersection of Northlake Boulevard and Hiatt Drive. PROCEDURE: This is a request for a site plan approval. Because the proposed site is 10.304 acres, the request is considered a major site plan. The site plan request is reviewed by the Development Review Committee, who forwards comments and recommendations to the Site Plan and Appearance Review Committee. Acting in an advisory role, the Committee makes a recommendation on the proposed request to the City Council. The City Council reviews the request for site plan approval, and either approves, approves with conditions, or denies the petition. PROJECT DETAILS: The applicant is proposing the combining of Lots 7 and 8 to build a mixed -use office /warehouse facility consisting of three (3) buildings, one of which already exists, within PGA National Commerce Park within PGA National Planned Community District. The two (2) new buildings are planned to be constructed in two phases. With the approval of this petition, Lots 7 and 8 will form one site. Phase 1 will consist of Building B, a 1 -story warehouse building totaling 61,317 square feet. The building will provide warehousing for the Stainsafe Companies and for additional industrial /warehouse tenants. As part of Phase 1, the applicant is proposing to convert 12,000 square feet of existing warehouse on Lot 7 to additional office space for the Stainsafe Companies. The truck loading bays to the north of the existing building will be removed to provide additional parking for the office use. 3 The proposed warehouse building will have landscaped facades and multiple recessed entrances for individual tenants. The building facades facing adjacent north and west property lines will have architectural detailing including decorative reveals, fabric awnings, and blue aluminum storefront with blue tinted glazing. Rear loading doors and air - conditioning equipment will face the interior of the site and will have minimal visibility from adjacent property lines. Phase 2 of the project will consist of Building A, a 2 -story office 'building totaling 40,000 square feet. The office building will contain 20,000 square feet per floor, and have a synthetic stucco finish with continuous blue tinted glazing in blue aluminum storefront framing. The building colors will be consistent with thosE-of the existing Stainsafe building. Lot 7 building coverage remains at 26,000 square feet or 26.6% of the site area. The open and landscaping space totals 18,022 square feet or 18.4 %. Lot 8 building coverage is 81,317 square feet or 23.2% of the site area. The overall lot coverage for the site is 107,317 square feet or 23.9 %. The open and landscaping space totals 105,460 square feet or 30.0 %. The open space exceeds the minimum requirements of the Commerce Park Guidelines, which permit up to 45% lot coverage and require only 15% of the land area be set aside for open space and landscaping. A combined total of 349 parking spaces are required for Lots 7 and 8; a total of 376 parking spaces are provided. Four loading spaces are required for the proposed project. Two (2) 12' x 35' spaces are provided on Lot 8 to service building A and the existing Stainsafe building. Additional loading requirements are met by truck docks at building B. A justification statement from the applicant for the number of loading spaces provided is attached to this report. A field inventory indicates that there are no wetlands, undisturbed uplands or other environmentally sensitive lands on this site. Existing natural vegetation shall be removed as part of the site development process. Accesses to the site will be from Hiatt Drive. The applicant is also requesting a waiver for an additional ground sign and an additional wall sign (each building site is only permitted 2 permanent signs) for a total of 2 ground signs and 2 wall signs on the site (see attachment). The proposed project complies with all of the PGA National Commerce Park Development Guidelines, except for the proposed four (4) permanent signs (2 ground signs and 2 wall signs), which exceeds the number of permitted permanent signs (2 ground and /or wall signs permitted) on a building site within PGA National Commerce Park. The PGA National Property Owners Association (PGA National POA) has approved the request made by the applicant for the earlier mentioned request for a sign waiver (see attachment). PGA National POA has also given their preliminary approval for the proposed project (see attachment). 4 The applicant has also stated that the "Art in Public Places" requirement will be addressed on site. The applicant is currently working with the Art Advisory Board regarding the specifics of the requirement. STAFF COMMENTS: Engineering Assistant City Engineer Tammy Jacobs reviewed the plans and stated that a warrant study was required to determine if a traffic signal is required at the intersection of Northlake Boulevard and Hiatt Drive. The applicant submitted a warrant study that concluded that a traffic light is warranted at the intersection of Northlake Boulevard and Hiatt Drive. However, Palm Beach County's Traffic Division has determined that that the study does not support the installation of a traffic signal at the intersection (see attachment). Staff has proposed a condition of approval which would require the applicant to install a signal at the intersection, should the County Traffic Division's recommendation change in the immediate future. Planning & Zoninq City Forester Mark Hendrickson recommends the following to be included as a condition of approval in the resolution approving this petition: The existing 30' wide PGA Commerce Park landscaped buffer to the north and northwest of Lots 7 and 8 shall be protected during construction. Any and all utilities, including drainage, shall be jacked and bored under the berm and landscaping to protect the integrity of the buffer. SITE PLAN & APPEARANCE REVIEW COMMITTEE WORKSHOP: At its June 8, 1999 meeting, the Site Plan and Appearance Review Committee reviewed this petition. The Committee stated that they did not have any objections to the waiver for the additional permanent signs. The Committee also made the following comments and requests: 1. A cross section of the west property line, including a potential berm, needs to be submitted. 2. A narrative detailing the discussion of the west property line landscaping and berm for the Lot 8 approval (Petition SP- 98 -05) needs to be submitted. 3. A narrative detailing how the proposed landscaping on the eastern boundary of the site will interact with the existing landscaping on the LRP site (directly adjacent to the east of the above - referenced site). The landscape plan sheets need to be revised to include the existing landscaping along the eastern boundary of the LRP site. 4. More detail needs to be provided on the elevational plans regarding ALL the existing and proposed ground and wall signs, including color, manufacturer (and number), dimensions, and location. 5. All mechanical equipment, including any roof top equipment, needs to be shown on the plans. A narrative detailing how the mechanical equipment will be screened also needs to be provided. 5 6. Please address the request for additional handicap parking. 7. Determine whether a unity of title or a replat is needed. The applicant has addressed all of these comments. The applicant feels that the required handicap parking is more than sufficient for the needs of their employees and customers. Planning and Zoning Staff, after consulting with the City Engineer and City Attorney, have determined that a unity of title is needed. STAFF RECOMMENDATION: Staff recommends approval of Petition SP -99 -06 with the following conditions: *(1) Outdoor storage, and outdoor manufacture, assembly, repair, or other work, shall be prohibited, *(2) Buildings on the site shall be used for interior storage only; neither the applicant, nor its successors, shall sell, rent or allow the outside storage of vehicles, including watercraft, (3) Any sign details not shown on the approved plans for this petition shall be submitted to the City for approval, (4) Prior to City Council approval, the applicant shall submit to the City a Unity of Title incorporating lot number 7 and 8 into one (1) lot, (5) The aforementioned Unity of Title shall not be lifted or rescinded without the approval of the City Council, (6) Prior to City Council approval, the applicant shall submit a warrant study, acceptable to the City Engineer, to determine if a traffic signal shall be required at the intersection of Northlake Boulevard and Hiatt Drive, (7) The existing 30' wide PGA Commerce Park landscaped buffer to the north and northwest of Lots 7 and 8 shall be protected during construction. Any and all utilities, including drainage, shall be jacked and bored under the berm and landscaping to protect the integrity of the buffer. * = conditions carried over from Resolution 71, 1998. And the following "Whereas" clause: Whereas, this approval repeals Resolution 71, 1,998 approving Lot 8, and amends and expands Resolution 117, 1997 approving Lot 7. Staff also recommends approval of the sign waiver request, because originally Lots 7 and 8 were to be developed separately, and were each entitled to two (2) permanent signs. Furthermore, the PGA Property Owners Association also supports this waiver request. 0 SITE PLAN & APPEARANCE REVIEW COMMITTEE RECOMMENDATION: At its June 22, 1999 meeting, the Site Plan and Appearance Review Committee voted 7 -0 to recommend approval of petition SP -98 -26 with the previously stated seven (7) conditions recommended by Staff, and with the following condition: • Prior to the final certificate of occupancy, a three (3) foot high berm shall be incorporated along the western boundary of the site, from the western boundary's southern terminus, northward to the beginning of the five (5) foot high berm that runs along the north and northwestern boundaries of the site. The Commission also recommended approval for the sign waiver that would permit the applicant to have two (2) additional permanent signs on the building site (for a total of 4 permanent signs). REVISED STAFF RECOMMENDATION: After County and City review and recommendation regarding the traffic signal warrant study, Staff recommends that item #6 on the "Staff Recommendation" list (see previous page) be modified to read as follows: • Prior to the issuance of the first certificate of occupancy, the applicant shall install signalization at the intersection of Northlake Boulevard and Hiatt Drive if Palm Beach County determines that such signalization is warranted, and that the signalization does not violate the County's Access Management Standards. If this determination is not made prior to the first certificate of occupancy, then the petitioner shall bond the cost of the intersection signalization for twelve (12) months after the first certificate of occupancy. The cost of the improvements to be bonded shall be determined by the petitioner's engineer and confirmed by the City Engineer. g /short: SP9906.mdoc ri 7 wM TABLE 1 EXISTING ZONING AND LAND USE DESIGNATIONS & SITE ANALYSIS EXISTING USE ZONING LAND USE Subject Property Planned Community Industrial Vacant & Existing District (PCD) (I) Stainsafe Building North Planned Community Residential- Medium Cypress Pointe District (PQD) (RM) Condominium South Planned Community Industrial Industrial Office & District (PCD) (1) Montessori School East Planned Community Industrial LRP Publication District (PCD) (1) Headquarters West Planned Community Recreational -Open PGA National District (PCD) Space (ROS) City Park TABLE 2 CONSISTENCY WITH THE CODE & PGA National Commerce Park Design Guidelines IConsistent I) Code Requirement II Proposed Plan Yes PCD- Planned Community Mixed -Use: - District, Industrial Office/Warehouse Yes Maximum Lot Coverage: 23.9% 45% Yes Minimum number of 376 spaces 1 Parking spaces: 349 'I Yes Minimum Parking stall 10'x18.5' 1 Dimension: 10'x18.5' Yes Minimum Front Setback: 87' 1 25' •1 Yes Minimum Side Setback: 10' 55' 'I Yes Minimum Rear Setback: 10' 109.5' Yes PGA Com. Park Guidelines' 109.5' Overall Minimum North 1 Property Line Setback: 20' 1 Yes Minimum Setback from 47' PGA 36 Acre Park: 30' 1 "1 Yes Maximum Building Height: Max. 34' 40' I •1 Yes Minimum Open Space: 30% 15% No Maximum Number of 4 Permanent Signs Permanent Signs: 2 9 July 15, 1999 RESOLUTION 83, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO RESOLUTION 117, 1997 TO COMBINE LOTS 7 AND 8 WITHIN THE PGA NATIONAL PLANNED COMMUNITY DISTRICT AND TO PROVIDE FOR APPROVAL OF A SITE PLAN FOR THE CONSTRUCTION OF A MIXED -USE OFFICEIWAREHOUSE FACILITY CONSISTING OF ONE (1) EXISTING BUILDING AND TWO (2) PROPOSED BUILDINGS CONSTRUCTED IN TWO PHASES, TOTALING 127,317 SQUARE FEET TO BE LOCATED ON A 10.304 -ACRE SITE NORTH OF HIATT DRIVE, APPROXIMATELY % MILE FROM THE INTERSECTION OF HIATT DRIVE AND NORTHLAKE BOULEVARD WITHIN THE PGA NATIONAL PLANNED COMMUNITY DISTRICT; REPEALING RESOLUTION 71, 1998 WHICH APPROVED LOT 8; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR A SIGN WAIVER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Stainsafe Companies, to approve a Site Plan for the construction of a mixed -use office /warehouse facility on 10.304 acres on Lots 7 and 8 of PGA National Commerce Park within PGA National Planned Community District (PCD); and WHEREAS, Resolution 117, 1997 approved the development of Lot 7 which development has already been completed; and WHEREAS, the applicant wishes to expand the use developed on Lot 7 to combine it with the use planned for Lot 8; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan; and WHEREAS, the Site Plan and Appearance Review Committee recommended approval of petition SP -99 -06 with conditions. 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, repeals Resolution 71, 1998 approving the development of Lot 8; and amends Resolution 117, Resolution 83, 1999 Page 2 1997 approving the development of Lot 7, by expanding Lot 7 to encompass Lot 8 into one development. Section 2. The City Council of the City of Palm Beach Gardens, Florida, approves a site plan for the construction of a mixed -use office /warehouse facility on 10.304 acres on Lots 7 and 8 located within PGA National Planned Community District (PCD). Section 3. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: 1. May 13, 1999 Site Plan (SP1), The Sun Group, Inc., 1 Sheet. 2. May 18, 1999 Site Details (SP2), The Sun Group, Inc., 1 Sheet. 3. May 18, 1999 Building Elevations (Al and A2), The Sun Group, Inc., 2 Sheets. 4. April 20, 1999 Roof Plan (A3), The Sun Group, Inc., 1 Sheet. 5. May 20, 1999 Landscape Plans, David W. Lockmiller, ASLA, 4 Sheets. 6. May 19, 1999 Preliminary Water and Sewer Plan, Messler & Associates, 1 Sheet. 7. May 28, 1999 Preliminary Drainage Plan, Messler & Associates, 1 Sheet. 8. May 4, 1999 Boundary and Topographic Survey, Messler & Associates, 1 Sheet. 9. May 18, 1999 Site Plan Photometrics, The Sun Group, Inc., 1 Sheet. Section 4. The following waiver is hereby granted with this approval: the maximum number of permanent signs (PGA National Commerce Park Development Guidelines), to allow for four (4) permanent signs on the site (2 ground signs and 2 wall signs). Section 5. Said site plan approval shall comply with the following conditions which shall be applicable to the applicant, its successors, and assigns: (1) Outdoor storage, and outdoor manufacture, assembly, repair, or other work, shall be prohibited, Resolution 83, 1999 Page 3 (2) Buildings on the site shall be used for interior storage only; neither the applicant, nor its successors, shall sell, rent or allow the outside storage of vehicles, including watercraft, (3) Any sign details not shown on the approved plans for this petition shall be submitted to the City for approval, (4) The City approved Unity of Title for this petition shall be recorded in the public record of Palm Beach County within thirty (30) days of adoption of this Resolution, and shall not be terminated or modified without the approval of the City Council, (5) The existing 30' wide PGA Commerce Park landscape buffer to the north and northwest of Lots 7 and 8 shall be protected during construction. Any and all utilities, including drainage, shall be jacked and bored under the berm and landscaping to protect the integrity of the buffer. (6) Prior to the issuance of the first certificate of occupancy, a three (3) foot high berm shall be incorporated along the western boundary of the site, from the western boundary's southern terminus, northward to the beginning of the five (5) foot high berm that runs along the north and northwestern boundaries of the site. (7) Prior to the issuance of the first certificate of occupancy, the applicant shall install signalization at the intersection of Northlake Boulevard and Hiatt Drive if Palm Beach County determines that such signalization is warranted, and that the signalization does not violate the County's Access Management Standards. If this determination is not made prior to the first certificate of occupancy, then the petitioner shall bond the cost of the intersection signalization for twelve (12) months after the first certificate of occupancy. The cost of the improvements to be bonded shall be determined by the petitioner's engineer and confirmed by the City Engineer. Section 6. This Resolution shall be effective upon adoption. Resolution 83, 1999 Page 4 PASSED AND ADOPTED THIS THE 5T" DAY OF AUGUST, 1999. ATTESTED BY: LINDA V. KOSIER VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK g \short: sp9906.re.doc /p JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CAROLE POST, CITY ATTORNEY AYE NAY ABSENT MAY -20 -96 10:37 FROM-ECCLESTONE ORGANIZATION 5616665553 T -764 P -OV02 F -2T6 NAB. t NAL INVESTMENT LUMI'A.NY POST OFFICE BOX 3267 WEST PALM BEACH, FLOMDA 33402 E LLWYO 6CCi.ESTONE CHAIRMAN May 19, 1999 VIA FAX AND MAIL 775 -1014 James K. Norquest, Principal Planner City of Palm Beach Gardens 10500 North Military Trail Palm -Beach Gardens, Florida 33410 `<A IU a� Re: Stainsafe, Lots 7 and 8, PGA National Commerce Park Dear W. Norquist: TEl f.PhonE 5C1 / 666 -2000 fAX 561 /686 -5553 At the request of Richard Sun, on behalf of Stainsafe, Inc., PGA National Venture, Ltd., the Developer under the Development of Regional Impact for the PGA National Resort Community has reviewed the proposed site plan for Lot 8 at Commerce Park and the proposed redesign of Lot 7 at Commerce Park dated April 20, 1999. The proposed site plan, has shown a net increase in office square footage of 37,180 s.f. beyond that previously approved for Lou 7 and S. The additional trips associated with the office space is to be subtracted from the 75,609 s.f of uncommitted office space within PGA National. In addition, as a result in the modification of the amount of square footage that is to be built on Lots 7 and 8 versus what is currently approved, the now excess warehouse space of 70,318 square feet will need to be added back into the uncommitted space available at PGA National. PGA National Venture, Ltd approves the site plan and resulting trip generation. The approval is conditioned that the square footage of warehouse and office space set forth on the proposed site plan is complied with. Any increase in density for either use would require the additional approval of PGA National Venture, Ltd. If you have any questions or require any further information, please contact my staff attorney, Nannette Gammon, at (561) 686 -2000. -Si r ely, E. Llwyd Ec4c6 Pone cc: Richard Sun �h JI INC May 20, 1999 Mr. John Lindgren City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Re: SP -99-06 Stainsafe Compaines - Lot 7 & 8 PGA Commerce Park Waiver on Wall & Ground Sign Dear Mr. Lindgren: 900 E. Indiantown Rd.. Ste. 11 I Jupiter. Florida 33477 (561) 746.7706 FAX (561) 746.7478 AA0002263 / C00049881 City of P.B Gatdeos 20 1.999 MAC( �Ri)Y�(H MANAGEM,N` We hereby request a waiver from the maximum number of wall and ground signs per building site to allow the addition of 1 new wall sign and 1 new ground sign to be located on Lot 8. The existing wall and ground sign previously approved for Lot 7 will remain. The two new signs will be located at the new west drive entrance and the west portion of the south fagade of the 2 -story office building A. Sincerely, THE SUN GROUP ARCHITECTS & CONTRACTORS, INC. Sun Stainsafe Lot 7 &8 PGA National Cummercc Park 1USUrIcauUtt Jtaac4xtvua v.. rJ:p.. ti ►.. :.•...� June 8, 1999 Stainsafe is hereby requesting a waiver on the number of signs permitted by the Land Development Code for the following reasons, 1. The Stainsafe project consists of two individual lots combined for the purpose of the application. Each lot is allowed 1 wall sign and 1 ground sign by code. 2. For leasing purposes, the proposed 2 -story office building sign may be in the name of a tenant other than "Stainsafe'. 3. The proposed signage along the 540 feet of total street frontage for Lot 7 &8 does not create visual distraction to the streetscape. 4. The PGA. National Property Owners Association has approved tiro ubc wnatruvtion of the additional signs. Please see attached letter. �s ' Ga�ae c`Kia�e0' �ggg O Post-l!" brand fax transmittal memo 7671 Rot pages ► Tb FIOM r CO. Co. Oept. Phone N Fax N IQ 06/01/1999 14:25 5617467478 1 hit: tiUN ONUUr' PGA PROPERTY OWNERS ASSOCIATION, INC, Shoppes On,The Green 7100 Fairway Drive, Suite 29 Palm Beach Gardens, Florida 33418 TELEPHONE (sat) az7•zaoo ;; city ! yo /p May 13, 1999 18 �a�dens ` 199 RUIN 9 Stainsafe Companies DE�'ART EN T C/o Richard Sun The Sun Group Inc. 900 E. Indiantown Rd., Suite I I I Jupiter, FL 33477 Re: Architectural Review — PRELIMINARY PLANS, STAINSAFE EXPANSION LOT 8 COMMERCE PARK Dear Mr. Sun: rNUt nl�nl J,n FAC$ M LE (561) 622.6324 The PGA Architectural Review Committee, at its meeting of May 6, 1999, reviewed the referenced project. It is the decision of the Committee to approve the preliminary plans with the following conditions: 1. Pineapple grove medallions to be added to south elevation facing Hiatt Drive. 2. Provide monument sign detail. Limit the number of tenants on monument sign. 3. Landscaping space between proposed office building and parking area is narrow for the use of Ligustrurn trees and a possible alternative should be considered. 4. Provide clusters of palms as show on marked up landscape plans returned to you. Please submit final working plans for approval. The PGA Architectural Review Committee has reviewed your request for aesthetic purposes and compliance with PGA Property Owners Association community standards. Owners are responsible to insure that all modifications comply with state and local law, including, but not limited to, all pertinent building codes. Sincerely, Hal Beard Director of Architectural Review & Compliance Post -it• Fax Note 7671 Date 5 Z 4- ToM Nan (^,p Co. Phone ♦ Phwt 1 Fax 0 p Fax # tb/ 1 byb 14: d4 Obi /4b /4It$ 1 Ht WN CiK LV PGA PROPERTY OWNERS ASSOCIATION, INC. Shoppes On The Green 7100 Fairway Drive, Suite 29 Palm Beach Gardens, Florida 33418 HONE 61 -2800 May 20, 1999 PAGE 04 FACSIMILE (561) 64.'.•6314 Stainsafe Companies C/o Richard Sun The Sun Group Inc. 900 E. Indiantown Rd., Suite 1 I 1 Jupiter, FL 33477 Re: ' Architectural Review — BUILDING & MONUMENT SIGN - STAINSAFE EXPANSION LOT 8 CONQvI ERCE PARK Dear Mr. Sun: The PGA Architectural Review Conrznittee, at its weeting of May 20, 1999, reviewed the referenced request. It is the decision of the Cornnittee to approve the request as submitted. The PGA. Architectural Review Committee has reviewed your request for aesthetic purposes and compliance with PGA Property Owners Association community standards. Owners are responsible to insure that all modifications comply with state and local law, including, but not limited to, all pertinent building codes. Sincerely, Hal Beard Director of Architectural Review & Compliance pt 009- 99 JUG -26 -1999 14:22 PSC TRAFFIC ENG 561 478 5770 P.01i01 ksMy Date: July 26, 1999 PALM RRACK COUNTY DEPARTMENT OF ENGINEERING AND PUBLIC WORKS TRAFFIC ENGINEERING DivrSYON FACSIMILE TRANSMITTAL Name: Jim Norquest, P,1CP From: Al Federico, P.E. X City of Palm Beach Gardens Senior Traffic Engineer Phone: 561.775.8298 Phone: 561.684.4030 Fax: 561.775.1014 Fax: 561.478.5770 Subject: Northlake Boulevard and Hiatt Drive - Signal Warrant Study Review Pages: , including this cover page The Palm Beach County Traffic Division has reviewed the Signal Warrant Study (dated July 6, 1999) submitted for the intersection of Northlake 13oulevard and HRitt 1)riye. At this time we have the following comments: 1. Signalization of an intersection in Palm Beach County shall satisfy Warrant One and Two, or Warrant Six, as listed below: s. Warrant One (Minimum Volume) - Requires 600 vph on the major street (both directions) and 200 vph on the minor street (highest approach, left turns and through movements, only) for any eight hours. b. 'Alarrant Two (Interruption of Qontinuous Traffic) Requires 900 vph on the major street (both directions) and 100 vph on the minor street (highest approach, left turns and through movements, only) for eight hours. C. Warrant Six (Accident History) i. Five or more reported accidents, of types susceptible to correction by signalization, have occurred within twelve months, and ii. Warrant One and Two are 80% satisfied, and iii. Measures less restrictive than signnImationhave been implemented and have been proven to be ineffective. 2. Palm Beach County Access Management standards require a minimum % mile separation between signalized intersections. 3. The analysis should include future turning movement volumes for the proposed Stainsafe Companies and any additional development proposed development that will impact this intersection. Based on this review the Traffic Division has determined that this study does not support the installation of a traffic signal at this intersection. Please contact me if you have any questions regarding these comments. cc; G eorgr. Webb, P.E. - Pilm Beach County Engineer Qiri Jcc lgunta, E•t. - Palm Beach County Signal 74ming Engtnecr H:\ TRAFb 'iC\apt\tpa\ganeral\PBQ_009.wpd 'lease call ,61.684.4030 if this informat' ,} , ransmitted clearly. efty Of P8, 4 4 25 X99 / -NG ZO & NO TOTAL P.01 ZXMaNZHY 11vu sure � Bxva �xoD �Lvx voa s c ,toz ig t r { SatxvaraoD �vSNIVIS 4 ! ! f all' it� y 3 � t i� it ]ea E ip k It rZ:�'t r r eg It-�pt�l x 41 iii! � $ pit', a . z .g �i U (03llY7dNA) NM'd 7mouYmo3M SN30M HOY39 M Wd !0 A10 17 7 1 I a a CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 5, 1999 Subject/Agenda Item: Resolution 96, 1999: Amendment to the Regional Center Development of Regional Impact and Planned Community District (Open Space) Recommendation /Motion: Staff recommends approval of Resolution 96, 1999. Reviewed by( Originating Dept.. Costs: $ 0 Total City Attorney Planning Div. � V Other N/A W $ 0 Q;�' Current FY Submitted by: Growth Mgt. Director Approved by: City Manager I. PROPOSAL Advertised: Date: Paper: [ ] Not Required Affected parties [ x ] Notified: surrounding property owners [ x ] Not required Funding Source [ ] Operating [ ] Other N/A Budget Acct. #: Council Action: [ ] Approved [ ] Approved w/conditims [ ] Denied [ ] Continued to: Attachments: staff report Resolution 96, 1999 New Table from Exhibit H [ ] None Hank Skokowski, agent for Mall Properties, Ltd, is requesting an amendment to the Regional Center Development of Regional Impact and Planned Community District Development Order to provide clarifying details for open space requirements on the Master Plan. The project is located north of PGA Boulevard, east of Alternate AIA, and west of Prosperity Farms Road. (5, 6- 42S -43E) August 5, 1999 Petition DRI -99 -03 Page 2 II. LAST ACTION At its June 17, 1999 meeting, the City Council determined that the proposed amendment does not constitute a substantial deviation to the Development of Regional Impact. At this public hearing, Ed Oliver, representing AMA, expressed a concern about the proposal. Since that time, staff has met with Mr. Oliver, the MacArthur Foundation, Watermark Communities, and the petitioner to ensure that all interested parties understand the petition and that no issues arise out of the amendment. SUBJECT SITE: Regional Center PCD /DRI August 5, 1999 Petition DRI -99 -03 Page 3 III. BACKGROUND The 458 -acre Regional Center project was originally approved as a Development of Regional Impact (DRI) and Planned Community District (PCD) in 1984. There have been three revisions to the development order since its original approval which occurred in 1984, 1986 and 1994. It continues as a mixed -use project with regional uses. Uses include the Gardens Mall, Mira Flores apartments, Mediplex Medical Mall and other office buildings. IV. PROPOSED CHANGE At the City's request, the applicant is proposing to revise the master plan to better clarify and depict the 92- acres of community serving open space which is required of the project. (The 92 acres represents the 30% open space which is required of PCDs.) The 92 acres includes perimeter buffers, canary island date palm berms and roadway landscaping. V. STAFF CONSIDERATIONS The petitioner has revised the master plan to reflect information that was originally prepared by the MacArthur Foundation (the former master developer of the project). Staff has been working with the new master developer, WCI, to bring this open space issue to closure. There has been a staff concern that 92 acres of `community serving' open space could not be accommodated within the project, or was being doubled counted with the site - specific open space that is required by individual development projects. It has recently come to staff's attention that FDOT will be taking more right -of -way from the southwest quadrant of the project for the PGA Flyover than what was originally anticipated. The figures do not reflect the additional taking - and therefore there is a renewed concern that 92 acres of community serving open space will not be provided within the project. Staff had requested more details from FDOT so that this issue could be further evaluated. FDOT is still considering design alternatives and does not have any definitive information to offer at this point. Staff has learned that approximately 4.61 additional acres are being taken by FDOT at the NE corner and along Alternate AIA. Depending on the final design, the 4.61 acres which is now community- serving open space would be removed and replaced by flyover improvements. The SW corner of the project will be void of the canary island date palm berm and 55 -foot PGA Boulevard and Alternate AIA setbacks. Still, the Regional Center project is able to meet the minimum 92 acres of community serving open space elsewhere in the project. August 5, 1999 Petition DRI -99 -03 Page 4 VI. RECOMMENDATION At its July 13, 1999 the Planning & Zoning Commission unanimously recommended approval of the proposed development order amendment. Staff recommends approval of the proposed DRI/PCD master plan amendment. Resolution 96, 1999 has been prepared to not only approve the revised master plan, but to consolidate previous amendments to the original development order into a single document. OKEECHOBEE BLVD. SOUTHERN BLVD. AIRPORT r w _J co y� D= Z O all, U �I PREPARED BY+ THE - EXHIBIT REGIONAL GENERAL LOCATION A CENTER MILES N LAND o 1 2 OATE FEB. 1982 it THEBANKERSCOMPANY PALM BEACH GARDENS. REV FLORIDA r 01_ u"a L Z m O O O O N O O W G M n n n O M to te Q N w W M N N N .- N �- - O O M O N T - -- w+ ++ w Y N O N M N N O H O N N ID O O O m O N U U O O O W a o 0 't 0 Q - O. 0 o Z W U 8 W -t 'IE a ui a X W z a a o N l a o tl it O� �O xU rc H a JJ f c O ¢ Wfw. O N Va µrd W F H. 7 a «: > t� a J .J O a a� ¢U m 1lo -� 1 U LLi{ZS- 1 W y W ON N3 0: 70 R aM y~ ? W u�K> �E a F F9 U �7 zw °C "U1' off' O U Cio �= E`O OU WW 2m 00661 zU W No Jm �W ioc Q om O� N Ua WW m arc Q> > 00 Xm m �m ¢>. im r Ea o > z < X W a a W (aaa� �aa ooc�a� o u a 10 O W< W¢ < O U U �y < ' �m W ILL n O wt O .¢¢ O O Z 6 4 IIII II I i'Ou SWu,:.Ii wus.Ud sl s 0 0 U i d 4 hill now �a W 4 4 9 = 1 z y R�� F S = i23� X W Z O O O b O O M O o� "! a WL 0 1_ r LL z W U z w j a 2 U OQ w m U w €(I a ct° i. miei COMMUNITY SERVING OPEN SPACE... _ LOCATION Water Management System Existing Proposed Total Water Management Buffers 55' Special Setback Prosperity Farms Road PGA Blvd * PGA/Alt Al A Intersection Alt A1A Total Special Setback .Project. Perimeter Buffers North Property Line (25' Width) Meadows Mobile Home North (50' width) Meadows Mobile Home West (35' width) Meadows Mobile Home South -East (35' width) Total Perimeter Oak Hammock Preserve Canary Island Date Palm Berms Existing Proposed Total Canary Island Major Road Rights of Way ACRES 52.0 up to 7.9 T 2.3 4.5 UP to 4.1 1.6 4.3 2.8 .7 1,�i 2.5 up to 2,Q TOTAL up to 59.9 up to 12.5 9.3 8.0 up to 4.5 11.5 Project Total Not less than 92.0 July 28, 1999 RESOLUTION 96,1999 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF RESOLUTION 9,1984, AS AMENDED, THE DEVELOPMENT ORDER FOR THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT, BY ADOPTING A CONSOLIDATED, AND AMENDED DEVELOPMENT OF REGIONAL IMPACT AND PLANNED COMMUNITY DISTRICT DEVELOPMENT ORDER FOR THE REGIONAL CENTER; PROVIDING FOR INCORPORATION OF THE PROVISIONS OF ORDINANCE 5, 1984, AS AMENDED, APPROVING THE REZONING OF THE SUBJECT LAND TO PLANNED COMMUNITY DISTRICT; PROVIDING FOR AMENDMENT OF THE MASTER DEVELOPMENT PLAN TO CLARIFY COMMUNITY- SERVING OPEN SPACE REQUIREMENTS AND REVISE THE SCHEDULE OF USES AND CERTAIN LAND USE DESIGNATIONS; PROVIDING FOR IMMEDIATE TRANSMITTAL OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, COMMUNITIES FINANCE COMPANY, A DELAWARE CORPORATION AND A WHOLLY OWNED SUBSIDIARY OF WATERMARK COMMUNTIES, INC., A DELAWARE CORPORATION AND MALL PROPERTIES, LTD.; PROVIDING FOR REPEAL OF ORDINANCES AND RESOLUTIONS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 16, 1984, the City Council adopted Ordinance 5, 1984, which approved the rezoning of lands comprising the Regional Center, as approved by Resolution 9, 1984, to Planned Community District ( "PCD "); and WHEREAS, on February 16, 1984, the City Council of the City of Palm Beach Gardens, Florida ( "City Council ") adopted Resolution 9, 1984 as the Original Development Order for the Regional Center Development of Regional Impact ( "Regional Center "), as that term is defined in Section 380.06, Florida Statutes; and WHEREAS, the Original Development Order was subsequently amended by the City Council pursuant to Resolution 23, 1984 (March 15, 1984); Resolution 16, 1986 (May 15, 1986); and Resolution 96, 1994 (July 21, 1994); (which amendments are and shall hereafter be referred to collectively and in combination with the Original Development Order as the "Development Order" for the Regional Center); and WHEREAS, the City Council has received an application from Mall Properties, Ltd. to adopt an amended Master Plan for the Regional Center; WHEREAS, the City Council desires to incorporate the terms of the Original Development Order and the PCD rezoning approval, and all amendments thereto to date, by consolidating all previous amendments to the Development Order into a single document; and Resolution 96, 1999 Page 1 The Regional Center DRI /PCD Development Order WHEREAS, the Planning and Zoning Commission has reviewed the Development Application and has recommended approval of the proposed amendments; and WHEREAS, the City Council has reviewed and considered the Development Application, the Proposed DRI Development Order, the proposed Master Development Plan, the recommendation of the Planning and Zoning Commission, and such other information and testimony presented to it with regard to this Application; and WHEREAS, the City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: • that these proposed amendments and additions to the PCD, Development Order and Master Development Plan are consistent with the Comprehensive Plan of the State of Florida; • that these proposed amendments and additions to the PCD, Development Order and Master Development Plan do not unreasonably interfere with achievement of the objectives of the adopted Land Development Plan of the State of Florida; • that these proposed amendments to the Development Order and the Master Development Plan do not, either individually or cumulatively, constitute "substantial deviations" from the terms of the Development Order, as provided in Section 380.06(19), Florida Statutes; and that therefore, this application does not require further development of regional impact review; and • that the amendment and additions to the PCD, Development Order and the Master Development Plan are consistent with the Comprehensive Plan and the Land Development Regulations of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. CONSOLIDATED PCD and DRI DEVELOPMENT ORDER. A. Exhibit 1, dated July 13, 1999, is hereby adopted as the Consolidated Development Order for the Regional Center Development of Regional Impact, as defined in Section 380.06, Florida Statutes, and the Planned Community District. Said Development Order reflects the incorporation of amended provisions. Henceforth, the Consolidated Development Order shall be used exclusively to apply the requirements of Section 380.06, Florida Statutes and the Comprehensive Plan and Land Development Regulations of the City of Palm Beach Gardens to the Regional Center. B. All Findings of Fact and Conclusions of Law which served as the legislative justification for the Development Order and all prior amendments thereto are hereby ratified and restated as if set forth in this place. All official actions taken in reliance on the Original Development Order and amendments thereto are hereby ratified and restated. Resolution 96, 1999 Page 2 The Regional Center DRI /PCD Development Order C. The term `developer' utilized within this Development Order is intended to mean Communities Finance Company, a Delaware Corporation and a wholly owned subsidiary of Watermark Communities, Inc., a Delaware Corporation, its successors and/or assigns, unless otherwise indicated. SECTION 2. REVISED MASTER DEVELOPMENT PLAN. A. The revised Master Development Plan contained in the City's Planning & Zoning Division files is adopted as the official Master Development Plan for the Regional Center: June 29, 1999 Exhibit H- The Regional Center, Foundation Land Company, 1 Sheet. B. The Master Development Plan is specifically revised to incorporate a clarified schedule of maximum floor spaces associated with the approved land uses. SECTION 3. TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, COMMUNITIES FINANCE COMPANY, A DELEWARE CORPORATION AND A WHOLLY OWNED SUBSIDIARY OF -WATERMARK COMMUNTIES, INC., A DELAWARE CORPORATION AND MALL PROPERTIES, LTD. Certified copies of this Development Order shall be transmitted immediately by certified mail to Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, Communities Finance Company, a Delaware Corporation and a wholly owned subsidiary of Watermark Communities, Inc., a Delaware Corporation, and Mall Properties, Ltd. SECTION 4. REPEALER All Ordinances or Resolutions in conflict herewith are hereby repealed. SECTION 5. EFFECTIVE DATE. This Resolution shall become effective upon adoption. PASSED AND ADOPTED THIS DAY OF '1999. MAYOR JOSEPH R. RUSSO Resolution 96, 1999 Page 3 The Regional Center DRI /PCD Development Order ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMEMBER JABLIN COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT Resolution 96, 1999 Page 4 The Regional Center DRI /PCD Development Order EXHIBIT 1. July 14, 1999 CONSOLIDATED DEVELOPMENT ORDER FOR THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT AND PLANNED COMMUNITY DISTRICT The following shall constitute the Development Order for the Regional Center Development of Regional Impact and Planned Community District This Development Order consolidates and restates the terms of the following Resolutions of the City of Palm Beach Gardens, Florida. All terms and conditions of these resolutions and ordinances which remain effective on this date shall remain in full force and effect, and are incorporated into this consolidated and restated Development Order as provided below: Resolution 9, 1984 (February 16, 1984); Ordinance 5, 1984 (February 16, 1984); Resolution 23, 1984 (March 15, 1984); Ordinance 9, 1984 (March 15, 1984); Resolution 16, 1986 (May 15, 1986); Ordinance 10, 1986 (May 15, 1986); Resolution 96, 1994 (July 21, 1994); Ordinance 35, 1999 LEGAL DESCRIPTION OF THE PROPERTY. This Development Order shall apply to the real property described in Exhibit La.. CONDITIONS OF APPROVAL Application for Development Approval: 1. The Regional Center Application for Development Approval is incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with. the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the Parties, as defined in Subsection 380.07(2), Florida Statutes. For purposes of this condition, the Application for Development Approval (ADA) shall include the following items: ADA, consisting of Volumes I and I1 and Appendixes A, B, and C, dated September 1983, revised and submitted October 14, 1983; Exhibit "H" as revised and dated June 29, 1999 is incorporated hereto and made a part of this Development Order. Resolution 96, 1999 Exhibit Page i The Regional Center DRI /PCD Development Order Notwithstanding anything to the contrary in the Application for Development Approval ( "ADA ") including but not limited to, Exhibit H and the tabulations, notations, labels and designations thereon, nothing in the ADA shall be interpreted to constitute a constraint on the physical location(s) within the boundaries of the DRI of uses in any of the areas designated on Exhibit H for Retail /Office/Hotel (1), Office/Hotel /Community uses (2), or Research/Office /Service Community uses (3); provided the total square footages for uses in the Maximum Floor Space allocations on Exhibit H are not exceeded and; provided that such uses do not intrude into any areas designated on Exhibit H as open space and; further provided that no changes are made to the location(s) of the Major Road Systems as shown on Exhibit H. Commencement of Development: 2. In the event the Developer fails to commence significant physical development within three (3) years from the effective date of the Development Order, development approval shall terminate and the Development shall be subject to further consideration pursuant to §380.06, Florida Statutes. Significant physical development shall mean site preparation work for any portion of the Project. Historic and Archaeological Sites: 3. In the event of discovery of archaeological artifacts during project construction, the Applicant shall stop construction in that area and notify the Bureau of Historic Sites and Properties in the Florida Department of State. Proper protection, to the satisfaction of the Bureau, shall be provided by the Applicant. Vegetation Applicant shall preserve, remove and locate vegetation on site of the Regional Center subject to the following terms and conditions: 4. A minimum of twenty -five percent (25 %) (8 acres) of all Oak Hammock that occurs on the property shall be preserved with intact canopy, understory and ground cover. 5. During construction, all Melaleuca, Brazilian Pepper and Australian Pines which occur in the construction area or any adjacent preserve areas shall be removed. Removal shall be in a manner that avoids seed dispersal by any of these species. Within each phase, complete removal of each of these species shall be accomplished by the completion of development of the phase. 6. The Applicant shall provide and maintain a buffer zone of native upland edge vegetation around all wetland and deep water habitats (e.g. the Surface Water Management System) which are preserved or constructed on -site. The buffer zone may consist of preserved or planted vegetation but shall include canopy, understory and ground cover which consist of species of native origin only. The edge habit, shall begin at the upland limit of any wetland or deepwater habitat and shall include a total area of at least ten (10) square feet per linear foot of wetland or deepwater habitat perimeter. This Resolution 96, 1999 Exhibit - Page II The Regional Center DRI /PCD Development Order upland edge habitat shall be located such that no less than fifty percent (50 %) of the total shoreline is buffered by a minimum width of ten (10) feet of this habitat type. Wildlife: The Applicant shall provide protection to the wildlife found on site of the Regional Center as follows: 7. The Applicant shall provide protection of the Gopher Tortoise population that occurs on the site. Protection may be by preservation of existing on -site habitat, by transfer of individuals to a suitable preserve area offsite, or by combination of these techniques. If any portion of the Gopher Tortoise population is to be moved, the Develope "r shall prepare, prior to commencement of any clearing or land preparation activities, a plan for the safe transfer to an appropriate preservation area of the tortoises, as well as any populations of the following species: Florida Mouse (Peromyscus floridanus), Gopher Frog (Rana areolata), and Eastern Indigo Snake (Drymarchon corais). The plan shall include: (1) a description of the area proposed to receive these species and the reasons the area is appropriate for such a purpose; (2) a description of methods to be used to locate, capture and transfer individuals; and (3) a description of methods to be used in monitoring the success of the transfer; relocation effort. Monitoring shall be carried out and reported for a minimum of two (2) years after the transfer is complete. The plan shall be approved by the City of Palm Beach Gardens in consultation with the Florida Game and Freshwater Fish Commission and the Treasure Coast Regional Planning Council. Any transfer of animals proposed shall occur within eighteen (18) months after commencement of development and shall be carried out in the manner specified in the approved plan. Drainage: The Applicant shall design and construct a drainage system in compliance with the Palm Beach Gardens Code, the requirements of other required permitting agencies and the following requirements: 8. The Applicant shall establish a planted littoral zone as part of the Surface Water Management System. Prior to construction of Surface Water Management System, the Applicant shall prepare a design and management plan for a wetland/ littoral zone that shall be a part of this system. The plan shall: (1) include a topographic map of the zone showing the control elevation contour and the -3 foot contour; (2) specify how vegetation is to be established, including the extent, method, type and timing Resolution 96, 1999 Exhibit - Page iii The Regional Center DRI /PCD Development Order of any planting provided; and (3) provide a description of any water management procedures to be followed in order to assure the continued viability and health of the littoral zone. The established littoral zone shall consist entirely of native vegetation and shall be maintained permanently as part of the water management system. As a minimum, a total of twelve (12) square feet of vegetated littoral zone shall be established for each linear foot of shoreline occurring within the Development. The plan for the littoral zone shall be subject to approval by the City of Palm Beach Gardens in consultation with the Treasure Coast Regional Planning Council prior to beginning any excavation activity. The plan shall be implemented and work inspected no later than eighteen (18) months after the beginning of each phase of construction. 9. The Applicant shall design and construct the Surface Water Management System to retain or detain with filtration, as a minimum, the first one -inch of stormwater runoff. The first one -inch of stormwater runoff from all parking areas and roads must be retained or detained with filtration within the vicinity of the parking area or roads and separate from the Surface Water Management System. In order to assure that all necessary management procedures are incorporated within the storm and Surface Water Management Systems, the final plans and designs for these systems must be approved by the City of Palm Beach Gardens in consultation with South Florida Water Management District and the Treasure Coast Regional Planning Council. Water Supply: 10. In an effort to limit irrigation water demand, the Applicant shall implement either of the two following procedures: (1) The Applicant shall use treated wastewater effluent or a gray water system as the source of all irrigation water; or (2) The Applicant shall minimize potential demand on surficial aquifer water by designing the Surface Water Management System to fully provide for irrigation demand in average rainfall years. If this alternative is elected, the design must provide for irrigation demand without lowering the water table below seasonal levels existing prior to development. In no case shall irrigation water be withdrawn from the Surface Water Management System to the extent that seasonal water tables are lowered below predevelopment levels. 11. The Applicant shall use treated wastewater effluent for irrigation purposes at such time as the dispersal line becomes available within the vicinity of the site. 12. In an effort to decrease potable water supply demand, the Applicant shall require the installation of the following water saving fixtures except where prohibited by any code or Ordinance: three gallon toilets, shower head flow restrictors, and water tap aerators. Resolution 96, 1999 Exhibit - Page iV The Regional Center DRI /PCD Development Order Transportation: 13. The Applicant shall be responsible for providing the following roadway improvements or contributions for improvements according to the timetable specified: (A) Within eighteen (18) months of issuance of any building permit that would result in total development exceeding 300,000 square feet, the Developer shall: (1) Widen PGA Boulevard to six lanes between SR 811 (Alternate AIA) and Prosperity Farms Road; (2) Construct a fourth lane westbound on PGA Boulevard from driveway intersection 4 (as indicated on Exhibits J -3 through J -6 in The Regional Center Application for Development Approval) to the 1 -95 flyover ramp serving the west to south movement. If construction of the 1 -95 ramp has not commenced by the time specified above, the fourth westbound lane west of SR 811 shall be constructed and opened to traffic at the time the 1 -95 ramp is opened to traffic; and (3) Construct the intersection of PGA Boulevard and SR 811 to the following configuration: (a) Eastbound — one right -turn, two left -turn ad three through lanes; (b) Westbound — one right -turn, one left -turn, and four through lanes with transition to three lanes west of SR 811 if the I -95 flyover ramp is not under construction); (c) Northbound - one right -turn, two left -turn, and two through lanes; (d) Southbound - two right -turn, two left -turn, and two through lanes. (B) Within 12 months of issuance of any building permit that would result in total development exceeding 300,000 square feet, the Developer shall construct the intersection of PGA Boulevard and Military Trail to the following configuration (Stage I): (1) Eastbound - one left -turn, one right -turn, and three through lanes; (2) Westbound - one left -turn, one right -turn, and two through lanes; (3) Southbound - two left -turn, and two through lanes; (4) Northbound - one left -turn, one right -turn and two through lanes. Resolution 96, 1999 Exhibit - Page V The Regional Center DRI /PCD Development Order (C) Upon issuance of any building permit that would result in total development in excess of 300,000 square feet, the Developer shall be responsible to provide all improvements, up to the configuration specified, which are necessary to provide Level of Service C operation at the following intersections. Unless otherwise specified below, the improvements shall be completed within twelve (12) months of the identification of the need for them by the traffic monitoring program: (1) Construct the intersection of PGA Boulevard and Military Trail to the following configuration (Stage II). This condition shall not become effective until 1 -95 has been opened for travel between Indiantown Road and PGA Boulevard. In conjunction with these improvements, the landscaping within associated medians will be preserved. (a) Eastbound - one right -turn, one left -turn, and three through lanes; (b) Westbound - one right -turn, two left -turn, and three through lanes; (c) Northbound - one right -turn, one left -turn, and three through lanes; (d) Southbound - one right - turn/through lane, two left -turn lanes, and one through lane. (2) Construct the intersection of PGA Boulevard and SR 811 to the following configuration: (a) Eastbound - one right -turn, two left -turn and three through lanes; (b) Westbound - one right -turn, two left -turn and four through lanes; (c) Northbound - one right -turn, two left -turn, and three through lanes; (d) Southbound - two right -turn, two left -turn and two through lanes. (3) Construct the third southbound through lane at the intersection of PGA Boulevard and SR 811 within eighteen (18) months of the time that the intersection is identified in the Traffic Moni- toring Program to be below Level of Service C and after all other PGA Boulevard and SR 811 improvements described herein have been completed. (4) Improve the intersection of RCA Boulevard and Prosperity Farms Road with a separate left -turn lane northbound, a separate right -turn lane eastbound, and signalization. The separate turn lanes shall be installed when the intersection is signalized if they have not been previously provided. (5) Improve the intersection of RCA Boulevard and Campus Drive with a westbound right -turn lane and signalization. The separate turn lane shall be installed at the time of signalization Resolution 96, 1999 Exhibit - Page Vi The Regional Center DRI /PCD Development Order if it has not been previously provided. (D) Upon issuance of any building permit, that would result in more than 300,000 square feet of any single use, except retail, or more than 300,000 square feet of any combination of uses, or more than 1.2 million square feet of retail, whichever occurs first, the developer shall be responsible to: (1). Widen SR 811 to six (6) lanes between PGA Boulevard and Hood Road within eighteen (18) months of the determination in the annual traffic monitoring program that the average daily traffic volume for that section of roadway exceeds 30,700. (2) Widen SR 811 to six (6) lanes between Hood Road and Donald Ross Road within eighteen (18) months of the determination in the annual traffic monitoring program that the average daily volume for that section of roadway exceeds 30,700. (3) Construct the intersection of PGA Boulevard and Prosperity Farms Road to the following configurations: Improvements will be constructed to provide this configuration as needed to provide Level of Service C. (a) Eastbound - two left -turn, one right - turn., and three through lanes; (b) Westbound - two left -turn, one right -turn, and three through lanes; (c) Southbound - one right -turn, two left- turns, and one through lane; (d) Northbound - one right -turn, one left -turn and one through lane. (E) The Developer shall widen Prosperity Farms Road to four through lanes between PGA Boulevard and the project entrance in conjunction with the construction of the project entrance (driveway intersection number 10). No Certificates of Occupancy shall be issued when peak hour trips for the Development exceed 5,800 unless this entrance is open. (F) All driveway intersections shall initially be constructed to a minimum of single separate left and right -turn inbound lanes and separate left and right turn outbound lanes with traffic separators. Each driveway intersection shall be improved with additional lanes up to the configuration described below and with signalization as needed to provide Level of Service C operations: SR 811 Driveways: ➢Northbound single right -turn lane. ➢ Southbound double left -turn lanes. Resolution 96, 1999 Exhibit - Page VII The Regional Center DRI /PCD Development Order ➢ Westbound double left -turn lanes and double right -turn lanes PGA Boulevard Driveways (from west to east as identified on Exhibit J -3 of the Regional Center Application for Development Approval) #4 ➢ Eastbound double left -turn lane. ➢ Westbound single right -turn lane. ➢ Southbound double left -turn lanes, single through/right -lane and single right -turn lane. #5 ➢ Eastbound double left -turn lane. ➢ Westbound single right -turn lane. ➢ Southbound single left -turn, single through lane, double right -turn lanes. #6 ➢ Eastbound double left -turn lane. ➢ Westbound single right -turn lane. ➢ Southbound single through/left -turn lane and double right -turn lanes. UIN ➢ Eastbound double left -turn lane. ➢ Westbound single right -turn lane. ➢ Southbound double left -turn lanes, single through lane and double right -turn lanes. #8 ➢ Eastbound single left -turn ➢ Westbound single right -turn lane. Resolution 96, 1999 Exhibit - Page Viii The Regional Center DPI /PCD Development Order ➢ Southbound single through/left -turn land and single right -turn lane. Prosperity Farms Road Driveway: ,[l7 ➢ Northbound single left -turn lane. ➢ Southbound single right -turn lane. ➢ Eastbound single left -turn lane and single right -turn lane. (G) Provide a $200,000 clean irrevocable Letter of Credit to the City of Palm Beach Gardens providing therein contribution for roadway improvements. The Letter of Credit shall be obtained by Applicant and delivered to the City at the time of approval of the first Planned Unit Development contained within the Regional Center Project. Funds may be drawn down under said Letter of Credit no sooner than the issuance by the City of its approval of the second Planned Unit Development-to be- contained within the Regional Center Project. Said draw down shall be with the joint approval of the City of Palm Beach Garden and the County of Palm Beach. After issuance, the Letter of Credit shall be adjusted on an annual basis by the change in the Engineering News Record Construction Cost Index as promulgated by the Engineering News Record from the base period which shall begin upon issuance, by the City of final approval for the first Planned Unit Development to be contained within the Regional Center Project. In the event said Index shall. be discontinued and there shall be no successor thereto, then the Consumer Price Index (all items, U.S. City Average (1967 = 100) for all urban consumers are promulgated by the U.S. Department of Labor). The funds drawn may only be used for roadway related improvements available to and substantially benefiting property owners and occupants of property within the Regional Center. Developer may, at any time, in lieu of said Letter of Credit, deposit the sum of $200,000 or the sum remaining under the Letter of Credit together with the accrued additional sum resulting from the annual adjustment in a joint account in the names of the City of Palm Beach Gardens and Palm Beach County. 14. In the event that any of the improvements specified in Condition 13 above are provided by another public or private entity prior to the Developer meeting the obligations therein, the Developer shall provide a monetary contribution in lieu of the actual improvement. The amount of the contribution shall be based on the cost estimates set forth below as adjusted by the change in the Engineering News Record Construction Cost Index from the base period of October 1983 to the index value current at the time of the contribution. All contributions shall be made in cash to the City of Palm Beach Gardens and Palm Beach County jointly at the time a determination is made through the annual traffic monitoring program that the Developer would be required to make the respective improvements according to the requirements of Condition 13 above. Resolution 96, 1999 Exhibit - Page iX The Regional Center DRI /PCD Development Order PGA Boulevard Improvements Driveway intersection #5 to 1 -95 $600,000 Driveway intersection #5 to west of Prosperity Farms Road $550,000 SR 811 PGA Boulevard to Hood Road $694,000 Hood Road to Donald Ross Road $586,000 Prosperity Farms Road $175,000 PGA Boulevard and Prosperity Farms Road $123,000 PGA Boulevard and Military Stage I $ 50,000 Stage II $ 70,000 PGA Boulevard and SR 811 (Third southbound through lane) $120,000 RCA Boulevard and Prosperity Farms Road $ 80,000 RCA Boulevard and Campus Drive $ 35,000 Conveyance of Right -of -Ways: 15. Prior to the issuance of final approval for the first Planned Unit Development to be contained within the Regional Center Project, or within eighteen (18) months after the effective date of the Development Order, whichever comes first, the Developer shall convey to the applicable governmental entity all rights -of -way which are needed for the improvements specified in Condition No. 13 other than the rights -of -way related to the improvement of the intersection of Prosperity Farms Road and PGA Boule- vard. The rights -of -way shall be conveyed free and clear of all liens and encumbrances and shall not be subject to any restrictions or limitations which would interfere with their intended use as public road right -of -way. Further, the Developer shall also provide a contribution equivalent to the fair market value of right -of -ways which are necessary for the improvement specified above for the intersection of Prosperity Farms Road and PGA Boulevard. This contribution shall be made in sufficient time so that the improvements for which it is being required can be made at the time the improvements are required under Condition No. 13. This contribution shall be made to the applicable governmental authority. The funds shall be held in escrow and expended for the purpose of acquiring the rights -of -way necessary for the improvement of the intersection of Prosperity Farms Road and PGA Boulevard. Resolution 96, 1999 Exhibit - Page X The Regional Center DRI /PCD Development Order 16. All improvements shall be designed and built to meet appropriate Florida Department of Transportation, Palm Beach County and City of Palm Beach Gardens standards. The Developer shall provide all improvements such as signal installation, signal upgrading, signal progression, lane marking, signing (including overhead signs) and lighting needed in conjunction with the required improvements. Lighting, as used herein, refers to any modifications to existing street lighting required by roadway improvements as specified in Condition No. 13. All roadway widenings shall be constructed to join with existing comparable cross - sections or shall be carried a sufficient distance through and beyond the intersections to allow for safe and efficient transition to smaller cross - sections. 17. The specific improvements required in Condition 13 above may be modified based on the results of the annual traffic monitoring program. However,—in no case shall the Developer be liable for improvements more extensive than those specified above, except as provided in Condition 19 below. 18. All improvements specified in Condition 13, except 13(C)(3) shall be completed prior to issuance of the last Planned Unit Development, plat, or site plan approval for the Development. 19. In the event that the peak hour traffic produced by The Regional Center exceeds 8,900 trips and Certificates of occupancy have been issued for less than ninety -five percent (95 %) of the maximum floor space listed in Exhibit "H" of the Regional Center Application for Development Approval, the City shall impose, in consultation with the Treasure Coast Regional Planning Council, any additional traffic requirements, including, but not limited to, intersection improvements, roadway widenings, or transportation system management measures that may be necessary to mitigate the impact of the additional traffic which is in excess of that originally projected for the Development. Further, the City of Palm Beach Gardens shall review the transportation system in the area of the Regional Center during each Planned Unit Development application. At each Planned Unit Development application, a review of non - municipal public transportation improvements assumed in the ADA will be completed and a traffic impact report shall be prepared. Based on these reports, the City of Palm Beach Gardens shall report annually to the Metropolitan Planning Organization regarding the Regional Center's progress in relation to needed non - municipal transportation improvements assumed in the ADA. Additionally, every five (5) years after the effective date of the Development Order, the City of Palm Beach Gardens shall review the transportation system outlined in the ADA and issue a report to the Treasure Coast Regional Planning Council regarding needed non - municipal public transportation improvements assumed in the ADA. If it is determined that the needed transportation improvements have not been constructed and that provision has not been made for funding the needed improvements in the Palm Beach County Five Year Transportation Improvement Plan or by a commitment from private or public sources, the City of Palm Beach Gardens in consultation with the Treasure Coast Regional Planning Council shall modify the traffic requirements as necessary to minimize adverse impacts on traffic conditions. The Developer shall have the option of accepting the modified traffic requirements or delaying further development of the Regional Center until funding of the needed improvements has been provided as set forth above. "Except as otherwise provided in this paragraph, the Developer shall Resolution 96, 1999 Exhibit - Page A The Regional Center DRI /PCD Development Order not be subject to obligations, regulations, or restrictions which are not generally imposed on other developments in the area." Further, issuance of building permits and Certificates of Occupancy for a Planned Unit Development in the Regional Center shall not be suspended or withheld as a result of additional traffic conditions after the City of Palm Beach Gardens has approved that Planned Unit Development. The Regional Center shall not be developed in one Planned Unit Development, but shall be developed in not less than four (4) Planned Unit Developments and the City of Palm Beach Gardens shall establish reasonable completion times for each Planned Unit Development, depending upon the size of each such Planned Unit Development. 20. In the event that any impact fee is imposed by any governmental authority upon the Development for the purpose of funding non -site related roadway improvements, -the Developer shall receive a credit against such fee for any sums expended pursuant to Condition 13 above or the Developer's obligations contained in Condition 13 above shall be reduced by an amount equivalent to the fee paid. Non -site related improvements are defined as everything offsite except turn lanes, signalization, and driveway construction at points of access. 21. Commencing the first winter season (January- March) after issuance of the first Certificate of Occupancy, and continuing each winter season thereafter, the Developer shall undertake a traffic monitoring program. The traffic monitoring program shall be conducted by a traffic engineering firm that is qualified by the Florida Department of Transportation in 3.05 - Traffic Operation Studies and 3.06 - Traffic Operation Design or an equivalent. The program shall consist of the following activities: (A) Conduct a two -day, mid -week, twenty -four hour (hourly recording) count at all Regional Center driveways and on the following roadway segments: ➢ PGA Boulevard east of SR 811; ➢ SR 811 between the northernmost development entrance and Hood Road; and ➢ SR 811 between Hood Road and Donald Ross Road. (B) Conduct AM and PM peak hour turning movement counts for or hundred twenty (120) minutes to capture the maximum sixty (60) minutes at all Regional Center driveways and at the following intersections: ➢ SR 811 and PGA Boulevard. ➢ PGA Boulevard and Military Trail. ➢ PGA Boulevard and Prosperity Farms Road. ➢ RCA Boulevard and Prosperity Farms Road. Resolution 96, 1999 Exhibit - Page Xli The Regional Center DRI /PCD Development Order ➢ RCA Boulevard and Campus Drive. (C) Perform critical movement capacity analysis unsignalized and signalized using the AM and PM peak hour traffic counts and using existing lane configuration at the intersections noted in 21(B) above. The analysis shall be based upon criteria relating to Operations and Design as set forth in Transportation Research Circular No. 212, "Interim Materials on Highway Capacity" January 1980 (or its successor). Signal warrant studies shall also be conducted at all driveway intersections and unsignalized intersections as required. (D) Determine current level of service for each Regional Center driveway and the intersections identified in 21-(B) above and identify any intersection improvements needed to provide Level of Service C. Also, determine current twenty -four hour traffic volume relative to threshold volumes set in Conditions 13(D)(1) and 13(D)(2)above (E) Prepare a report presenting existing counts and traffic conditions, including all analysis, specifying any improvements necessary to provide Level of Service C operation, and outlining the schedule for construction of the improvements identified. This report shall be submitted to the City of Palm Beach Gardens, the Treasure Coast Regional Planning Council, Palm Beach County Traffic Engineering, and the Florida Department of Transportation on or before May 1 st of each year. (F) Monitoring of each roadway segment and intersection specified in 21(A) and 21(B) above may cease whenever all related improvements have been completed as outlined in Condition 13 above. 22. Prior to the issuance of Certificates of Occupancy for each Planned Unit Development, Applicant shall submit and implement a directional signage plan for vehicles and pedestrians. Housing: 23. The Applicant shall, on or before January 1, 1989, developor cause to be developed, within five miles of The Regional Center, a minimum of five hundred (500) housing units priced at or below $60,000.00 per unit, such price to be subject to change based on the housing element of the Consumer Price Index, Bureau of Labor Statistics, Southeastern Region. The Applicant shall receive credit towards the satisfactionofthis condition equal to the number of housing units constructed by the Applicant or any other entity vainfiw miles of The Regional Center between January 1, 1984 and January 1, 1989 at or below the price specified above. Energy: 24. In the Final Site Plans, the Developer shall incorporate those energy conservation measures identified on Pages 25 -9 through 25 -16 of The Regional Center Application for Development Approval and, to the Resolution 96, 1999 Exhibit - Page Xlii The Regional Center DRI /PCD Development Order extent feasible, measures identified in the Treasure Coast Regional Planning Council's Regional Energy Plan. 25. The Property Owners Association Architectural Review Board (hereafter referred to as the "Board ") shall develop and implement, with the assistance of its energy consultants, an energy plan for each project phase, covering all aspects of the Development (e.g., site planning, building design, equipment selection and operational procedures). The energy plans shall be submitted to the Treasure Coast Regional Planning Council and the City of Palm Beach Gardens for their review and comment. Copies of the energy plans should also be provided to Florida Power & Light Company and the Seacoast Gas Corporation. The Treasure Coast Regional Planning council and the City shall have a maximum of sixty (60) days to review the plans and comment -before any final Board action and Site Plan approval are made concerning the particular development phase. The Board shall consider those comments in making its development decisions. If the Board is unable to comply with this condition, it shall be the responsibility of the Developer to have the energy plans approved and submitted in accordance with the procedures set out above. 26. Heated swimming pools built on -site shall only be heated by a renewable energy source (e.g., solar energy, waste heat recovery). 27. The Applicant shall consult with Florida Power & Light Company representatives and other energy experts in designing, operating, and maintaining an energy - efficient street lighting system for streets and parking lots. Additionally, the Applicant shall consult with Florida Power & Light Company and Seacoast Gas Corporation representatives to consider the installation of a full line of energy- efficient appliances and equipment, including, but not limited to, energy- efficient heat pumps, waste heat recovery systems, and domestic solar water heaters. Provisions shall be made to offer such energy- efficient appliances and devices (including heating and cooling systems) as options to prospective homebuyers. Atlantic Boulevard /Screening and Right -of -Way 28. The Applicant shall provide screening of and additional right -of -way for Atlantic Boulevard under the following terms and conditions: (A) Within two (2) months from the date that Applicant receives the first Certificate of Occupancy, for any phase of a PUD adjacent to Atlantic Boulevard, a meandering and undulating berm, an average of three (3) feet in height above the crown of Atlantic Boulevard and a six foot (6') high chain link fence will be constructed along Atlantic Boulevard right -of -way in such portion of the PUD. Additional visual screening will be provided by a hedge and trees. Applicant or the Property Owners Association shall maintain the fence and landscaping located on Applicant's Property. Resolution 96, 1999 Exhibit - Page AV The Regional Center DRI /PCD Development Order (B) If Palm Beach County provides funding for the widening of Atlantic Boulevard prior to Applicant filing a plat adjacent to Atlantic Boulevard, then Applicant shall provide, to Palm Beach County without charge, a right -of -way of up to forty feet (40') in width at such time as Applicant files the first plat adjacent to Atlantic Boulevard. Public Safety Building: 29. Within 2 -1/2 years after final approval of the Development Order and after exhaustion of all administrative appeals provided by law, Applicant shall provide the City, without charge, a 5 -1/2 acre site, located on Campus Drive, and a public safety building located on that site. The Applicant's - obligation shall be to provide to the City of Palm Beach Gardens a public safety building containing 3,900 square feet which shall be a "turnkey" fire station facility. Prior to construction thereof, plans and specifications therefor shall be delivered and approved by the City manager, which approval shall not be unreasonably withheld. The Deed of Conveyance shall contain a restriction providing that the property shall be used by the City for public purposes only. Major Streets: 30. All major streets shown on the Master Plan (Exhibit "H" of the ADA) shall be public streets dedicated to the City of Palm Beach Gardens. Any private streets within individual Planned Unit Developments shall be subject to approval by the City Council. Drainage: 31. The maintenance and operation of all drainage facilities shall be the responsibility of a property owners associations, taxing district, or water control district. However, this shall not preclude the jurisdiction of the City of Palm Beach Gardens in the event of default or inaction by any of the above entities. Parks: 32. The Applicant shall provide adequate neighborhood park sites and equipment for same to serve residents of Residential Planned Unit Developments, especially children. These requirements shall be determined by the City in its approval of Residential Planned Unit Developments. 33. Parks in the Development shall be operated and maintained by a property owners association or other entity and the City of Palm Beach Gardens shall have no responsibility for the operation or maintenance of the parks. The requirements of the Ordinances of the City of Palm Beach Gardens, providing that the City may require the dedication of public parks, shall be satisfied by such parks even in the event they are not dedicated to the City of Palm Beach Gardens. 34. The 20 -acre park and lake depicted in Exhibit "H" of the ADA shall be improved as required by the South Florida Water Management District (SFWMD) during the permitting process. Initial improvements may include the excavation of portions of the lake and planting of attendant littoral and Resolution 96, 1999 Exhibit - Page XV The Regional Center DRI /PCD Development Order upland buffer zones. The 20 -acre park site shall be completed as the major roadways depicted on Exhibit "H" of the ADA, abutting the park on the west and south side are constructed. Local Considerations 35.That this Resolution shall constitute the Development Order of this City Council issued in response to the Development of Regional Impact Application for Development Approval filed by BANKERS LAND COMPANY. 36. That the definitions found in Chapter 380, Florida Statutes, shall apply to this Development Order. 37. That the following are hereby incorporated by reference and made a part of this Development Order: Application for Development Approval (ADA) consisting of Volumes I and II, and appendixes A, B, and C, dated September, 1983 revised and submitted to Treasure Coast Regional Planning Council on October 14, 1983. 38. That the following is hereby incorporated into this Development Order for purposes of legislative reference: All materials contained in the assessment report of Treasure Coast Regional Planning Council. 39. That this Development Order shall be binding upon the Developer and its assignees or successors in interest; and, the term "Developer" and "Applicant" as used interchangeably herein shall mean Communities Finance Company, a Delaware Corporation. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Development Order. 40. That in the event that any portion or section of this Development Order is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this Development Order, which shall remain in full force and effect. 41. That the approval granted by this Development Order is conditional; and, such approval shall not be construed to obviate the duty of the Developer to comply with all other applicable local or state permitting procedures. 42. That subsequent requests for development permits shall not require further review pursuant to §380.06, Florida Statutes, unless it is found by the City Council, after due notice and hearing, that one or more of the following is present: Resolution 96, 1999 Exhibit - Page W The Regional Center DRI /PCD Development Order (a) A substantial deviation from the terms or conditions of this Development Order, or other changes to the approved Development Plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which were not evaluated in the review by the Treasure Coast Regional Planning Council, or (b) An expiration of the period of effectiveness of this Development Order as provided herein. Substantial deviation shall be as defined in Chapter 380, Florida Statutes. Upon a finding that any of the above is present, the City Council shall order termination of all development activity until further review in accordance with §380.06(17)(a), Florida Statutes, 43. That this Development Order shall remain in effect for a period of twenty (20) years from the date of its rendition (February 16, 1984), provided that this effective period may be extended by this City Council upon a finding of excusable delay in any proposed development activity and that conditions have not changed sufficiently to warrant further consideration of the Development. 44. During the period of effectiveness of this Development Order, the Developer shall annually provide the City of Palm Beach Gardens, the Treasure Coast Regional Planning Council, and Department of Community Affairs with a summary of completed construction and a schedule of proposed construction over the remaining life of the Development Order. This summary shall be in the form designated by the Treasure Coast Regional Planning Council. 45. The Developer shall, six (6) months from the date of this Order (February 16, 1984) and every six (6) months thereafter, meet with the City Manager and any other governmental agency so designated by the City Council, for the purpose of informing the City of the present status and updated growth projections of the Development. Resolution 96, 1999 Exhibit - Page Xvii The Regional Center DRI /PCD Development Order Exhibit l.a. Regional Center DRI/PCD - Legal Description GALong Range \ORD35.wpd Resolution 96, 1999 Exhibit - Page XViii LEGAL DESCRIPTION A PORTION OF SECTIONS 5 AND 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH.WEST (A'W) CORNER OF SAID SECTION 5, THENCE SOUTH 89`16'50" EAST, ALONG THE NORTH LINE OF SAID SECTION 5, A DISTANCE OF 1932.13 FEET; THENCE SOUTH 00 047'03" WEST, A DISTANCE OF 295.16 FEET; THENCE SOUTH 89 °16'50" EAST, A DISTANCE OF 295.16 FEET; THENCE NORTH 00 °47'03" EAST, A DISTANCE OF 295.16 FEET, THE LAST THREE COURSES BEING COINCIDENT WITH THOSE LANDS AS DESCRIBED IN O.R.B. 2307, PAGE 1868, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89 °16'50" EAST, ALONG THE NORTH LINE OF SAID SECTION 5, A DISTANCE OF 400.00 FEET TO - -THE NORTH ONE - QUARTER CORNER (N1 /4) OF SAID SECTION 5; THENCE SOUTH 89 °36'35" EAST, ALONG THE NORTH LINE OF THE NORTHEAST ONE- QUARTER (NE1 /4) OF SAID SECTION 5, A DISTANCE OF 55.00 FEET; .THENCE SOUTH 01 °05'31" WEST, ALONG THE WESTERLY R/W LINE OF PROSPERITY FARMS ROAD, AS SHOWN ON THAT MAP PREPARED BY THE PALM BEACH COUNTY ENGINEERING DEPARTMENT, NO. 3 -70 -001 R /W, A DISTANCE OF- 660.01 FEET; THENCE'CONTINUE SOUTH 01 °05'31" WEST, ALONG THE SAID WESTERLY R/W LINE, A DISTANCE OF 979.81 FEET, THENCE NORTH 88 °15'18" WEST, ALONG THE WESTERLY EXTENSION OF THE NORTH R/W LINE, OF THAT COUNTY ROAD KNOKN AS IDLLV71LD ROAD, A DISTANCE OF 46.20 FEET, THENCE SOUTH 00 °47'03" WEST, ALONG THE EAST LINE OF THE NORTHWEST ONE - QUARTER (NW1 /4) OF SAID SECTION 5, A DISTANCE OF 12.61 FEET; THENCE NORTH 89 °16'50" WEST, A DISTANCE OF 1323.04 FEET; THENCE NORTH 01 105'58" EAST, A DISTANCE OF 10.54 FEET, THE LAST FIVE (5) COURSES BEING COINCIDENT WITH THOSE LANDS AS DESCRIBED•IN O.R.B. 1637, PAGE 695, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88 °53'53" WEST, P_ DISTANCE OF 1322.96 FEET, TO A POINT ON THE WEST LINE OF SAID SECTION 5; THENCE SOUTH. 01 025'01" WEST, ALONG THE WEST LINE OF SAID SECTION 5, A DISTANCE OF 656.01 FEET; ITHENCE SOUTH.88 °53'53" EAST, A DISTANCE OF 3326.60 FEET, THE LAST THREE COURSES ARE COINCIDENT WITH THOSE LANDS AS DESCRIBED IN O.R.B. 2900, PAGE 77, AND O.R.B. 3317, PAGE 451, OF THE PUBLIC RECORDS, OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 01 005'58" WEST, A DISTANCE OF 595.78 FEET; THENCE NORTH 88 °51'28" WEST, ALONG A LINE SIXTY (60) FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST ONE - QUARTER (NW1 14) OF SECTION 5, A DISTANCE OF 1329.89 FEET, TO A POINT ON THE WEST LINE OF SAID SECTION 5, THENCE NORTH 88 °45'08" WEST, ALONG A LINE SIX.-' (60) FEET NORTH OF AND PARALLEL WITH. THE SOUTH LINE OF THE NORTH ONE -HALF (N1 /2) OF SAID SECTION 6, A DISTANCE OF 2744.17 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY -, ALONG THE ARC OF SAID CL' ?VE, HAVING A R) DIE'S OF 2924.79 FEET, A. CENTRAL ANGLE OF LEGAL DESCRIPTION (Cont'd) 15 018'09 ", AND AN ARC DISTANCE OF 781.15 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 75`56'43" WEST, A DISTANCE OF 1233.86 FEET, THE LAST FOUR COURSES BEING COINCIDENT WITH_ THE NORTH R/W LINE OF P.G.A. BOULEVARD, AS DESCRIBED IN O.R.B. 2353, PAGE 1529, AND O.R.B. 2772, PAGE 1782, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 14 °05'09" WEST, A DISTANCE OF 1233.26 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2654.93 FEET, A CENTRAL ANGLE OF 15 025'02 ", AND AN ARC DISTANCE OF 714.38 FEET TO THE POINT OF TANGENCY; THENCE NORTH 01 "19'52" EAST, A DISTANCE OF 1074.57 FEET, THE LAST THREE COURSES BEING COINCIDENT WITH THAT RAI FOR ALT. A -I -A, AS DESCRIBED IN DOCUMENTS 93090 -2521, PARCEL 100.1R, AS EXECUTED ON JUNE 24TH, 1981; THENCE SOUTH 88 "44148" EAST, A DISTANCE OF 503.33 FEET; THENCE NORTH 01 "34'00" EAST, A DISTANCE OF 303.00 FEET; THENCE NORTH 88 "44'48" WEST, A DISTANCE OF 530.52 FEET, THE LAST THREE .COURSES BEING COINCIDENT WITH THOSE LANDS AS DESCRIBED IN O.R.B. 1310, PAGE 42, OF THE PUBLIC. RECORDS, OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 01 015112" EAST, A DISTANCE OF 0.10 FEET; THENCE NORTH 44 °42'22" EAST, A DISTANCE OF 48.08 FEET; THENCE SOUTH 88 "44'48" EAST, A DISTANCE OF 10.00 FEET; THENCE NORTH 01 °15'12" EAST, A DISTANCE OF 5.00 FEET; THE LAST FOUR COURSES ARE COINCIDENT WITH THE SAID EASTERLY R/W LINE OF ALT. A -1 -A; THENCE SOUTH 88 °44'48" EAST, ALONG THE NORTH LINE OF SAID SECTION 6, A DISTANCE OF 2462.99 FEET, TO THE NORTH ONE- QUARTER (N1 /4) CORNER OF SAID SECTION 6; THENCE SOUTH 88 °45'01" EAST, ALONG SHE NORTH LINE OF THE NORTHEAST ONE - QUARTER (NE1 /4) OF SAID SECTION 6, A DISTANCE OF 2653.21 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. CONTAINING 458.185 ACRES, MORE OR LESS. REGIONAL CENTER DRI Development Order Resolution 9, 1984 original DRI D.O. Resolution 23, 1984 clarification to condition of approval Ordinance 5, 1984 PCD approval Ordinance 9, 1984 amendment to Ord. 5 re: clarification approved by Res. 23 Resolution 16, 1986 decrease office s.f. and increase retail s.f. (Amendment to Exhibit I) Ordinance 10, 1986 amendment to PCD per Res. 16, 1986 Resolution 96, 1994 to allow shifting of approved nonresidential uses /square footage from one pod to another, so long as maximums are not exceeded i Exhibit A.1- Resolution 96, 1994 1ULY 20,1994 RESOLUTION 46, 1994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMRN13I iG RESOLUTION 9, 1984, AS AMENDED, WHICH CONSTiT U ES A DEVEI.OPMENr ORDER CREATING THE RIMONAL CRNTEIt A DEVRIAPMENI` OF REGIONAL IMPACT, BY MAKING CERTAIN FINDINGS OF FACT AND CONCLUSIONS OF LAW; AND, BY AMENDING CONDITION NO. 1 UNDER THE APPLICATION FOR DEVELOPMENT APPROVAL SEC17ON THEREOF; AND, BY ADDING THERETO AN ADDITIONAL PARAGRAPH; AND, PROVIDING FOR THE REPEAL OF Ai,r. RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWPI - ANI D, PROVIDING FOR AN EFFECTIVE DATE HEREOF; AND, PROVIDING FOR IMMEDIA'T'E TRANSMITTAL OF INS RESOLUTION TO THE. FLORIDA DEPARTMENT OF COAD&UNM AFFAIRS AND TREASURE COAST REGIONAL PLANNING COUNCIL. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, has reviewed and considered the "Development Application ", the "Notification of Proposed Change to a Previously Approved DRI", the other inform;1tion presented to it with regaxrd to thin application; and WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, has held a public hearing and has determined that this proposed amendment and addition to the Regional Center DRI development order does not constitute "Substantial Devlatiotu" from the Development order, as previously amended, as provided in Section 380.06(19), Florida Statutts, and that this application does not require further development of regional impact review; and WMMAS, the City Council of the City of Palm Beach Gardens, Florida, has found the proposed amendments and additions to the Regional Center DRI Development Order to be consistent with the Comprehensive Plan and Land Development Regulations of the G.\LANDMGlWRNATEWDWVMACCN R\P27DOCW27ANL95.DDC City of Palm Beach Gardens, NOW, THEREFORE, BE IT RESOLVED by the City Council of Palm Beach Gardens, Florida SECMN 1. Resolution 9, 1984, which constitutes a Development Order creating the Regional Center, is hereby amended and adopted as follows: Condition Number 1 under the Application for Development Approval section of the Development Order is amended by adding a paragraph to read as follows: Notwithstanding anything to the contrary in the Application for Development Approval CADA") In,cluding but not limited to, Exh1hIt H and the tabulations, notations, labels and designations thereon, nothing in the ADA shall be interpreted to constitute a constraint on the physical location(s) within the boundaries, of the DRI of uses in any of the areas designated on Exhibit H for Retail /Office/Hotel (1), Office/Hotel /Commt,ntty uses (2), or Research /Office /Service Community uses (3); provided the total square footages for uses in the Maidmlim Floor Space allocations on Exhibit H are not exceeded and; provided that such uses do not intrude into any areas designated on Exhibit H as open space and; further provided that-ho changes are made to the location(s) of the Major Road Systems as shown on Exhibit H. SECTION L All ordinances or resolutions or parts thereof in conflict herewith are hereby repealed. SECM0N 36 This resolution shall be effective upon the date of passage. SE ON 4. A certified copy of this resolution shall be itnmediateiy transmitted by certified U.S. Mail, return receipt requested, W the Inwida Department of ComTmittity Affairs and Treasure Coast Regional Planning Council. RURODUCED, PASSED AND ADOPTED THIS GA LMDMGT' RIVATENRDWVAACCNMP2MOC1P27AN Lgs.DOC ATTEST. LINDA V. KOSIER, CMG CITY Cr PRK r $Y VOTE: A3m `SAY A Mayor Clack Vice Mayor Monroe Cot -n0firnemba Russo Councilmember Jablin Cmellmember Furtado AS To FORM AND Y EGA! :.Y§ ICMNCY: J. a G_VANDMGTPRIVATEIRDW WACCtMW27DOCY-27ANL95.DOC N /L4 /Ub J ORDINANCE 10, 1986 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING SECTION 2 OF ORDINANCE 5, 1984; INCORPORATING TERMS AND CONDITIONS CONTAINED IN RESOLUTION 16, 1986; AS IT AMENDS RESOLUTION 9, 1984, AS AMENDED BY RESOLUTION 23, 1984; AND PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Section 2 of Ordinance 5, 1984, is hereby amended to read as follows: "In addition to the Requirements of the Planned Community Zoning District, Appendix "A ", Zoning of the Palm Beach Gardens Code, said lands described in Exhibit "A" shall be subject to all of the terms and conditions set forth in Resolution 9, 1984, as amended by Resolution 23, 1984, adopted by the City Council of Palm Beach Gardens, Florida, approving the Development of Regional Impact Order for the Bankers Land Company Regional Center and as further amended by Resolution 16, 1986, is a part of the public records and is hereby incorporated in and made a part of this Ordinance as if fully set out herein." Section 2. Except as amended herein, Ordinance 5, 1984, shall remain in full force and effect. Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 4. This Ordinance shall be effective on date of passage. PLACED ON FIRST READING THIS 17th DAY OF APRIL, 1986 PLACED ON SECOND READING THIS /-5` O -AY OF , 1986 PASSED AND ADOPTED THIS ,L5-4-bAY OF -K 986 COUNCILMAN c VICE MA R //COUNCILMAN J COUNCILMAN ATTEST: �IIO/j► M. HIND, CMC, CITY CLERK RESOLUTION I(Y , 1986 A RESOLUTION OF THE CITY COUNCIL OF PALM BEACH GARDENS, FLORIDA, AMENDING THE DEVELOPMENT ORDER FOR TWAT DEVELOPMENT OF REGIONAL IMPACT KNOWN AS THE REGIONAL CENTER AS ADOPTED BY RESOLUTION 9, 1984, AS AMENDED BY RESOLUTION 23, 1984; PRO- VIDING FOR THE REPEAL OF ALL RESOLUTIONS OR PORTIONS OF RESO- LUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of Palm Beach Gardens, Florida, in public meeting, duly constituted and assembled adopted Resolution 9 -1984, as amended by Resolution 23 -1984, constituting the Development Order for that Development of Regional Impact known as the Regional Center all in accordance with Section 380.06 Florida Statutes; and WHEREAS, Foundation Land Company (f /k /a Bankers Land Company) has filed an Application for Amendment to said Development Order; and WHEREAS, the City Council, as governing body of the local government having jurisdiction, pursuant to Chapter 380, Florida Statutes, has made a finding of fact and determination at a duly noticed public meeting, on May 1, 1986, that said Application for Amendment does not constitute a Substantial Deviation to the Development Order as defined by Florida Statute, Section 380.06(19). THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Beach Gardens, Florida, that Resolution.9 -1984, as amended by Resolution 23 -1984, constituting the Development Order for that Development. of Regional Impact known as the Regional Center is hereby amended as_ follows: 1. Condition No. 1 of the Development Order is hereby amended to provide for the incorporation and substitution of amended Exhibit "H" t n or Development Approval (ADA). Said revised Exhibit "H" ' attached hereto and made a part of this Re 2. As depicted on Ame ed Exhibit "H" attached hereto, those lands devoted to office a are hereby reduced by 7.7 acres. Lands devoted to retail use are ereby increased by 7.7 acres. -1- \ .J &J 1-13`v% ,3. As also depicted on amended Exhibit "H ", attached here- to, the gross leasable area of retail uses may be increased up to 190,000 square feet gross leasable area from 1,200,000 square feet up to 1,390,000 square feet on the condition that as the gross leasable area of retail uses is increased the gross leasable area of office uses is correspondingly decreased utilizing a ratio of one (1) square foot gross leasable retail area to one (1) square foot gross leasable office area. 4. Condition 13(d) is hereby amended to state as follows: "Upon issuance of any building permit, that would result in more than 300,000 square feet of any single use, except retail, or more than 300,000 square feet of any combination of uses, or more than 1.2 million square feet of retail, whichever occurs first, the developer shall be responsible to: a. Widen SR 811 to six (6) lanes between PGA Boulevard and Hood`Road within eighteen (18) months of the determina- tion in the annual traffic monitoring program that the average daily traffic volume for that section of roadway exceeds 30,700. b. Widen SR 811 to six lanes between Hood road and Donald Ross Road within eighteen (18) months of the determina- tion in the annual traffic monitoring program that the average daily volume for that section of the roadway exceeds 30,700. C. Construct the intersection of PGA Boulevard and Prosperity Farms Road to the following configurations: Improvements will be constructed to provide this config- uration as needed to provide Level of Service C. 1. Eastbound - two left -turn, one right -turn, and three through lanes; 2. Westbound - two left -turn, one right -turn, and three through lanes; 3. Southbound - one right -turn lane, two, left - turns, and one through lane; -2- 4. Northbound - one right -turn, one left -turn, and one through lane. S. Except as amended by this Resolution, all terms and conditions of that Development Order dated February 16, 1984, and titled Resolution 9, 1984, as amended by Resolution 23, 1984, shall remain in full force and effect and shall not be revoked or repealed by any portion of this Resolution. 6. All Resolutions and portions of Resolutions in conflict with this Resolution, are hereby repealed. 7. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS /25' DAY OF XX_J, /r , 1986. C / ATTEST: L __PS /CLERK MAYOR, CITY OF PALM BEACH GARDENS -3- f V CITY ^, PALM BEACH GARDENS 1 NORTH MILITARY TRAIL PALM REACK GARDENS, ROMA 93410 March 14, 1984 =- Q Ln ORDINANCE % , 1984 Ul 00 r- AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, C3 FLORIDA, AMENDING SECTION 2 OF ORDINANCE 5, 1984, y„ WHICH ORDINANCE APPROVED A ZONING CLASSIFICATION Gp OF PLANNED COMMUNITY DISTRICT FOR CERTAIN LANDS, AND PROVIDED IN SECTION 2 THEREOF THAT IN ADDITION TO THE REQUIREMENTS OF THE PALM BEACH GARDENS CODE SUCH LANDS WOULD BE SUBJECT TO ALL OF THE TERMS a AND CONDITIONS SET FORTH IN RESOLUTION 9, 1984, ADOPTED BY THE CITY COUNCIL OF PALM BEACH GARDENS, cCt FLORIDA; AND PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. N WHEREAS, Ordinance 5, 1984, was adopted by the City Council of m V Palm Beach Gardens, Florida, on February 16, 1984, and incorporated therein as a part thereof Resolution 9, 1984; and WHEREAS, Resolution 9, 1984, has been amended by Resolution 23, 1984, to delete from said Resolution 9, 1984, the following language in Condition 19 on page 16, to -wit: P A • tra G 0 c1_ M 0 tV "Except as otherwise provided in this paragraph, the Developer shall not be subject to obligations, regulations, or restrictions which are not generally imposed on other developments in the area." NOW THEREFORE, BE IT ORDAINED BY THE CITY.COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Section 2 of Ordinance 5, 1984, of the City of Palm Beach Gardens is hereby amended by inserting therein after the words "Resolution 9, 1984" the following language: "as subsequently amended by Resolution 23 , 1984," Section 2. Except as amended by this Ordinance, Ordinance 5, 1984, remains unchanged and shall remain in full force and effect. Section 3. All Ordinances or parts of Ordinances in con- flict herewith are hereby repealed. Section 4. This Ordinance shall be effective upon the date of passage. PLACED ON FIRST READING THIS 15th DAY OF MARCH, 1984. PLACED ON SECOND READING ON AN EMERGENCY BASIS THIS 15TH DAY OF MARCH,1984 PASSED AND ADOPTED THIS 15TH DAY OF MARCH, 1984. --1 cJ�'�Q'• 4-11.1 l MAYOR � VICE MAYOR ATTEST: CITY CLERK ` to tz O m 0 N Cc, G J` of t to ,y �,crdssa nreLy ee:^ Ydt «h's js,a jrue calm Ca as taxc :rc• t ;!: j ttt 1 :. r -ortls dfs 6e Ci palm Beach G y Clerk, pPptrtyX tick' APPROVED AS TO FORM AND A/ LEGA UFFICIENCY�LJ 7C!4/ - CITY AfT6NEY RECORD VERIFIED PALM BEACH COUNTY FLA JOHN B. DUNKLE Ct FRK CIRCI IIT COURT January 31, 1984 ORDINANCE 5, 1984 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REZONING CERTAIN LANDS LOCATED IN SECTIONS 5 AND 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID LANDS COMPRISING THE BANKERS LAND COMPANY REGIONAL CENTER, TO THE ZONING CLASSIFICATION OF PLANNED COMMUNITY DISTRICT UNDER APPENDIX "A" ZONING OF THE PALM BEACH GARDENS CODE; AND, DIRECTING THE CITY CLERK TO REFLECT SAID ZONING CHANGE ON THE OFFICIAL ZONING 11AP OF THE CITY OF PALM BEACH GARDENS BY COLORING OR HATCHING; A:iD, PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The lands situate, lying and being in Section 5 and 6, Township 42 South, Range 43 East, and more particularly described in Exhibit "A" attached hereto and made a part hereof be and the same are hereby rezoned to the zoning classification Planned Community District. Section 2. In addition to the requixemen�,s of the Plan- ned Community Zoning District, Appendix "A ", Zoning of the Palm Beach Gardens Code, said lands described in Exhibit "A" shall be subject to all of the terms and conditions set forth in Resolution 9, 1984, adopted by the City Council of Palm Beach Gardens, Florida, approving the Development of Regional Impact Order for the Bankers Land Company Regional Center. Said Development Order is a part of the public records and is hereby incorporated in and made apart of this Ordinance as if fully set out herein. Section 3. The City Clerk be and she is hereby authorized and directed to effect the aforesaid zoning change to zoning classi- fication Planned Community District upon the Official Zoning Map of the City of Palm Beach Gardens, Florida, by coloring or hatching. Section 4. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 5. This Ordinance shall be effective upon date of passage. PLACED ON FIRST READING THIS THE 2 DAY OF FEBRUARY, 1984 PLACED ON SECOND READING THIS THE DAY OF u; 1984. PASSED AND ADOPTED THIS THE 1( DAY OF y>'. Crz ��/ 1984. ATTEST: tiE'. Az' MAYOR COUNCILMAN i VICE MAYOR COyNC ILMA -emu COUNCILMAN CITY CLERK %S TO FO 1A AND LC- =''L S ICiE 'CY 74 CITY TTORN V� RESOLUTION D3 1984 A RESOLUTION OF THE CITY COUNCIL OF PALM BEACH GARDENS, FLORIDA, AMENDING RESOLUTION 9, 1984, DATED FEBRUARY 16, 1984, TO DELETE CERTAIN LANGUAGE IN SAID RESOLUTION 9, 1984 AND CONSTITUTING THIS RESOLUTION AS AN AMENDMENT TO A DEVELOPMENT ORDER BY THE CITY OF PALM BEACH GARDENS IN COMPLIANCE WITH LAW AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, upon application of BANKER'S LAND COMPANY, in accordance with Section 380.06, Florida Statutes, the City Council has ordered approval of the Development of Regional Impact Application for development approval subject to certain terms, conditions, restrictions and limitations; and WHEREAS, the BANKER'S LAND COMPANY has requested that certain language be deleted from Condition 19 of said Resolution 9, 1984 in order to prevent a possible misconstruction of language; and WHEREAS, the City Council is willing to grant such request. NOW, THEREFORE, be it resolved by the City Council of Palm Beach Gardens, Florida in public meeting duly constituted and assembled this 15th day of March, 1984, that the Development of Regional Impact Development Approval approved and adopted by Resolution 9, 1984 be and hereby is amended as follows: 1. Condition 19 appearing on Page 16 of Resolution 9, 1984 is amended by deleting from the third unnumbered subparagraph thereof, in lines 19 through 22 the following language: "Except as otherwise provided in this paragraph, the Developer shall not be subject to obligations, regulations, or restrictions which are not generally imposed on other developments in the area." Except as specifically amended herein, the said Resolution 9, 1984, is and shall remain in full force and effect. INTRODUCED, PASSED AND ADOPTED THIS 15TH DAY OF MARCH, 1984. MAYOR ATTEST: APPRO AS TO FORM . �., �Dn �h LE L S FFI� NCY Cf�' CLERIC U " N /`ITV ATrnnk,r A RESOLUTION OF THE CITY COUNCIL OF PALM BEACH GARDENS, FLORIDA, MAKING FINDINGS OF FACT AND DETERMINING CONCLUSIONS OF LAW PERTAINING TO THE REGIONAL CENTER, A DEVELOPMENT OF REGIONAL IMPACT, AND CONSTITUTING THIS RESOLUTION AS A DEVELOPMENT ORDER BY THE CITY OF PALM BEACH GARDENS IN COMPLIANCE WITH LAW; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, BANKERS LAND COMPANY has filed a Development of Regional Impact Application for development approval with the City of Palm Beach Gardens, Florida, in accordance with 5380.06, Florida Statutes; and WHEREAS, said Applicant proposed to develop 458.18 acres, con- stituting a Development of Regional Impact on the real property fully described in Exhibit "A" attached hereto and located in the city of Palm Beach Gardens, Florida; and WHEREAS, the City Council, as the governing body of the local government having jurisdiction, pursuant to Chapter 380, Florida Statutes, is authorized and empowered to consider applications for development approval for developments of regional impact; and WHEREAS, the public notice requirements of the Palm Beach Gardens Code and 5380.06(7), Florida Statutes, have been satisfied; and WHEREAS, the City Council on February 16, 1984, held a duly noticed public hearing on the Development of Regional Impact Applica- tion for Development Approval and has heard and considered the testi- mony taken thereat.; and WHEREAS, the City Council has received and considered the assessment report and recommendations of the Treasure Coast Regional Planning Council; and WHEREAS, this City Council has made the following FINDINGS OF FACT and CONCLUSIONS OF LAW with regard to the Application for Devel- opment Approval: i -1- FINDINGS OF FACT A. The proposed Development is not in an area of critice state concern designated pursuant to the provisions of 5380.06, Florida Statutes; B. The State of Florida has not adopted a land develop- ment plan applicable to the area in which the proposed Develop- ment is to be located; C. The proposed Development is consistent with the report and recommendations of the Treasure Coast Regional Planning Council submitted pursuant to 5380.06(11)(a), Florida Statutes; D. The proposed Development is consistent with the land - use plan and development laws and regulations of the City. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PALM BEAC GARDENS, FLORIDA, in public meeting, duly constituted and assembled this 16th day of February, 1984, that the Development of Regional Impact Application for Development Approval submitted by BANKERS LAN COMPANY is hereby ordered APPROVED, subject to the following conditions, restrictions and limitations: Application for Development Approval: 1. The Regional Center Application for Development Approval is incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under Chapte 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Develop- ment Approval is a condition for approval unless waived or modified by agreement among the Parties, as defined in Sub section 380.07(2), Florida Statutes. For purposes of this condition, the Application for Development Approval (ADA) shall include the following items: ADA, consisting of Volumes I and II and Appendixes A, B, and C, dated September 1983, revised and submitted October 14, 1983. -2- i Commencement of Development: 2. In the event the Developer fails to commence significant physical development within three (3) years from the effec tive date of the Development Order, development approval shall terminate and the Development shall be subject to further cosideration pursuant to 5380.06, Florida Statutes Significant physical development shall mean site prepara- tion work for any portion of the Project. Historic and Archaeological Sites: 3. In the event of discovery of archaeological artifacts during project construction, the Applicant shall stop con- struction in that area and notify the Bureau of Historic Sites and Properties in the Florida Department of State. Proper protection, to the satisfaction of the Bureau, shal be provided by the Applicant. Vegetation: Applicant shall preserve, remove and locate vegetation on site of the Regional Center subject to the following terms and condi- tions: 4. A minimum of twenty -five percent (258) (8 acres) of all Oa: Hammock that occurs on the property shall be preserved wit intact canopy, understory and ground cover. 5. During construction, all Melaleuca, Brazilian Pepper and Australian Pines which occur in the construction area or any adjacent preserve areas shall be removed. Removal shall be in a manner that avoids seed dispersal by any of these species. Within each phase, complete removal of eac of these species shall be accomplished by the completion -c development of the phase. 6. The Applicant shall provide and maintain a buffer zone of native upland edge vegetation around all wetland and deep - water habitats (e.g. the Surface Water Management System) which are preserved or constructed on -site. The buffer -3- zone may consist of preserved or planted vegetation, but shall include canopy, understory and ground cover which consist of species of native origin only. The edge habit shall begin at the upland limit of any wetland or deepwat habitat and shall include a total area of at least ten square feet per linear foot of wetland or deepwater habit perimeter. This upland edge habitat shall be located suc that no less than fifty percent (508) of the total shore- line is buffered by a minimum width of ten (10) feet of this habitat type. Wildlife: The Applicant shall provide protection to the wildlife found c site of the Regional Center as follows: 7. The Applicant shall provide protection of the Gopher Tor- toise population that occurs on the site. Protection may be by preservation of existing on -site habitat, by transf of individuals to a suitable preserve area offsite, or by combination of these techniques. If any portion of the Gopher Tortoise population is to be moved, the Developer shall prepare, prior to commencement of any clearing or land preparation activities, a plan for the safe transfer to an appropriate preservation area of the tortoises, as well as any populations of the following species: Florid Mouse (Peromyscus floridanus), Gopher Frog (Rana areolata and Eastern Indigo Snake (Drymarchon corais). The plan shall include: (1) a description of the area proposed to receive these species and the reasons the area is appro priate for such a purpose; (2) a description of methods to be used to locate, capture and transfer individuals; and (3) a "description of methods to be used in monitori the success of the transfer; relocation effort. -4- Monitoring shall be carried out and reported f< a minimum of two (2) years after the transfer . complete. The plan shall be approved by the City of Palm Beach Gardens in consultation with the Florida Game and Fresh - - water Fish Commission and the Treasure Coast Regional Pli ning Council. Any transfer of animals proposed shall oc< within eighteen (18) months after commencement of develo; ment and shall be carried out in the manner specified in the approved plan. Drainage: The Applicant shall design and construct a drainage system in :Gii''? compliance with the Palm Beach Gardens Code, the requirements of other required permitting agencies and the following requirements: 8. The Applicant shall establish a planted littoral zone as part of the Surface Water Management System. Prior to cc struction of Surface Water Management System, the Applici shall prepare a design and management plan for a wetland littoral zone that shall be a part of this system. The plan shall: (1) include a topographic map of the zone showing t control elevation contour and the -3 foot contour; (2) specify how vegetation is to be established, including the extent, method, type and timing c any planting provided; and (3) provide a description of any water management procedures to be followed in order to assure tt. continued viability and health of the littoral zone. The established littoral zone shall consist entirely of native vegetation and shall be maintained permanently as part of the water management system. As a minimum, a tot of 12 square feet of vegetated littoral zone shall be established for each linear foot of shoreline occurring -5- within the Development. The plan for the littoral zone shall be subject to approval by the City of Palm Beach Gardens in consultation with the Treasure Coast Regional Planning Council prior to begining any excavation activity. The plan shall be implemented and work inspected no later than eighteen (18) months after the beginning of each phase of construction. 9. The Applicant shall design and construct the Surface Water Management System to retain or detain with filtration, as a minimum, the first one -inch of stormwater runoff. The first one -inch of stormwater runoff from all parking areas and roads must-be retained or detained with filtration within the vicinity of the parking area or roads and sepa- rate from the Surface Water Management System. In order to assure that all necessary management procedures are incor- porated within the storm and Surface Water Management Sys- tems, the final plans and designs for these systems must be approved by the City of Palm Beach Gardens in consultation with South Florida Water Management District and the Treasure Coast Regional Planning Council. Water Supply: 10. In an effort to limit irrigation water demand, the Appli- cant shall implement either of the two following proce- dures: (a) The Applicant shall use treated wastewater efflu- ent or a gray water system as the source of all irrigation water; or (b) The Applicant shall minimize potential demand on surficial aquifer water by designing the Surface Water Management System to fully provide for irrigation demand in average rainfall years. If this alternative is elected, the design must pro- vide for irrigation demand without lowering the water table below seasonal levels existing prior to development. In no case shall irrigation -6- water be withdrawn from the Surface Water Manage- ment System to the extent that seasonal water tables are lowered below predevelopment levels. 11. The Applicant shall use treated wastewater effluent for irrigation purposes at such time as the dispersal line becomes available within the vicinity of the site. 12. In an effort to decrease potable water supply demand, the Applicant shall require the installation of the following water saving fixtures except where prohibited by any code or Ordinance: three gallon toilets, shower head flow restrictors, and water tap aerators. Transportation: 13. The Applicant shall be responsible for providing the fol- lowing roadway improvements or contributions for improve- ments according to the timetable specified: (A) Within eighteen (18) months of issuance of any build- _ ing permit that would result in total development exceeding 300,000 square feet, the Developer shall: (1) Widen PGA Boulevard to six lanes between SR 811 (Alternate AIA) and Prosperity Farms Road; (2) Construct a fourth lane westbound on PGA Boule- vard from driveway intersection 4 (as indicated on Exhibits J -3 through J -6 in The Regional Center Application for Development Approval) to the I -95 flyover.ramp serving the west to south movement. If construction of the I -95 ramp has not commenced by the time specified above, the fourth westbound lane west of SR 811 shall be constructed and opened to traffic at the time the I -95 ramp is opened to traffic; and (3) Construct the intersection of PGA Boulevard and SR 811 to the following configuration: (a) Eastbound - one right -turn, two left -turn and three through lanes; -7- (b) Westbound - one right -turn, one left -turn, and four through lanes (with transition to i three lanes west of SR 811 if the I -95 flyover ramp is not under construction); (c) Northbound - one right -turn, two left -turn, and two through lanes; (d) Southbound - two right -turn, two left -turn, and two through lanes. (B) Within 12 months of issuance of any building permit that would result in total development exceeding 300,000 square feet, the Developer shall construct the I intersection of PGA Boulevard and Military Trail to the following configuration (Stage I): (a) Eastbound - one left -turn , one right -turn, and three through lanes; i (b) Westbound - one left -turn, one right -turn, and two through lanes; (c) Southbound - two left -turn, and two through lanes; (d) Northbound - one left -turn, one right -turn and two through lanes. (C) Upon issuance of any building permit that would result in total development in excess of 300,000 square feet, the Developer shall be responsible to provide all improvements, up to the configuration specified, which are necessary to provide-Level of Service C operation at the following intersections. Unless otherwise specified below, the improvements shall be completed within 12 months of the identification of the need for them by the traffic monitoring program: (1) Construct the intersection of PGA Boulevard and Military Trail to the following configuration (Stage 'II). This condition shall not become effective until I -95 has been opened for travel between Indiantown Road and PGA Boulevard. In conjunction with these improvements, the land- -8- scaping within associated medians will be pre- served. (a) Eastbound - one right -turn, one left -turn, and three through lanes; (b) Westbound - one right -turn, two left -turn, and three through lanes; (c) Northbound - one right -turn, one left -turn, and three through lanes; (d) Southbound - one right- turn /through lane, two left -turn lanes, and one through lane. (2) Construct the intersection of PGA Boulevard and SR 811 to the following configuration: (a) Eastbound -.one right -turn, two left -turn and three through lanes; (b) Westbound - one right -turn, two left -turn and four through lanes; (c) Northbound - one right -turn, two left -turn, and three through lanes; (d) Southbound - two right -turn, two left -turn and two through lanes. (3) Construct the third southbound through lane at the intersection of PGA Boulevard and SR 811 within eighteen (18) months of the time that the intersection is identified in the Traffic Moni- toring Program to be below Level of Service C and after all other PGA Boulevard and SR 811 improve- ments described herein have been completed. (4) Improve the intersection of RCh Boulevard and Prosperity Farms Road with a separate left -turn lane northbound, a separate right -turn lane eastbound, and signalization. The separate turn lanes shall be installed when the intersection is signalized if they have not been previously pro- vided. (5) Improve the intersection of RCA Boulevard and Campus Drive with a westbound right -turn lane and signalization. The separate turn lane shall be -9- installed at the time of signalization if it has not been previously provided. (D) Upon issuance of any building permit that would result in more than 300,000 square feet of any single use, except retail, or more than 300,000 square feet of any combination of uses, the Developer shall be respon- sible to: (1) Widen SR 811 to six lanes between PGA Boulevard and Hood Road within eighteen (18) months of the determination in the annual traffic monitoring program that the average daily traffic volume for that section of roadway exceeds 30,700. (2) Widen SR 811 to six lanes between Hood Road and Donald Ross Road within eighteen (18) months of the determination in the annual traffic monitor- ing program that the average daily volume for that section of roadway exceeds 30,700. (3) Construct the intersection of PGA Boulevard and Prosperity Farms Road to the following configura- tions: Improvements will be constructed to pro- vide this configuration as needed to provide Level of Service C. (a) Eastbound - two left -turn, one right -turn, and three through lanes; (b) Westbound - two left -turn, one right -turn, and three through lanes; (c) Southbound - one right -turn, two left - turns, and one through lane; (d) Northbound - one right -turn, one left -turn and one through lane. (E) The Developer shall widen Prosperity Farms Road to four through lanes between PGA Boulevard and the project entrance in conjunction with the construction of the project entrance (driveway intersection number 10). No Certificates of Occupancy shall be issued -10- when peak hour trips for the Development exceed 5,800 unless this entrance is open. (F) All driveway intersections shall initially be con- structed to a minimum of single separate left and right -turn inbound lanes and separate left and right - turn outbound lanes with traffic separators. Each driveway intersection shall be improved with addi- tional lanes up to the configuration described below and with signalization as needed to provide Level of Service C operations: SR 811 Driveways: Northbound single right -turn lane. - Southbound double left -turn lanes. - Westbound double left -turn lanes and double right -turn lanes PGA Boulevard Driveways (from west to east as identified on Exhibit J -3 of the Regional Center Application for Development Approval) #4 - Eastbound double left -turn lane. - Westbound single right -turn lane. - Southbound double left -turn lanes, single through /right -lane and single right -turn lane. #5 - Eastbound double left -turn lane. - Westbound single right -turn lane. - Southbound single left -turn, single through lane, double right -turn lanes. #6 - Eastbound double left -turn lane. - Westbound single right -turn lane. - Southbound single .through /left -turn lane and double right -turn lanes. #7 - Eastbound double left -turn lane. - Westbound single right -turn lane. -11- - Southbound double left -turn lanes, single through lane and double right -turn lanes. #8 - Eastbound single left -turn lane. - Westbound single right -turn lane. - Southbound single through /left -turn lane and single right -turn lane. Prosperity Farms Road Driveway: #10 - Northbound single left -turn lane. - Southbound single right -turn lane. - Eastbound single left -turn lane and single right -turn lane. (G) Provide a $200,000 clean irrevocable Letter of Credit to the City of Palm Beach Gardens providing therein contribution for roadway improvements. The Letter of Credit shall be obtained by Applicant and delivered to the City at the time of approval of the first Planned Unit Development contained within the Regional Center Project. Funds may be drawn down under said Letter of Credit no sooner than the issuance by the City of its approval of the second Planned Unit Development to be contained within the Regional Center Project. Said draw down shall be with the joint approval of the City of Palm Beach Garden and the County of Palm Beach. After issuance, the Letter of Credit shall be adjusted on an annual. basis by the change in the Engineering News Record Construction Cost Index as promulgated by the Engineering News Record from the base period which shall begin upon issuance, by the City of final approval for the first Planned Unit Development to be contained within the Regional Center Project. In the event said Index shall be discontinued and there shall be no successor thereto, then the Consumer Price Index (all items, U.S. City Average (1967 = 100) for all -12- urb consumers are Fromulgatec y the U.S. Department of Labor). The fun, :rawn may only be used for road- way related improvements available to and substantially benefiting property owners and occupants of property witt in the Regional Center. Developer may, at any time, in lieu of said Letter of Credit, deposit the sum of $200,0( or the sum remaining under the Letter of Credit together with the accrued additional sum resulting from the annuz adjustment in a joint account in the names of the City of Palm Beach Gardens and Palm Beach County. 14. In the event that any of the improvements specified in Con- dition 13 above are provided by another public or private entity prior to the Developer meeting the obligations therein, the Developer shall provide a monetary contribu- tion in lieu of the actual improvement. The amount of the contribution shall be based on the cost estimates set forth below as adjusted by the change in the Engineering News Record Construction Cost Index from the base period of October 1983 to the index value current at the time of the contribution. All contributions shall be made in cash to the City of Palm Beach Gardens and Palm Beach County jointly at the time a determination is made through the annual traffic monitoring program that the Developer would be required to make the respective improvements according to the requirements of Condition 13 above. PGA Boulevard Improvements Driveway intersection #5 to I -95 $600,000 Driveway intersection #5 to west of Prosperity Farms Road $550,000 SR 811 PGA Boulevard to Hood Road $694,.000 Hood Road to Donald Ross Road $586,000 Prosperity Farms Road $175,000 PGA Boulevard and Prosperity Farms Road $123,000 PGA Boulevard and Military Trail Stage I $ 50,000 Stage II $ 70,000 -13- PGA Boulevard and SR 811 (Third southbound through lane) $120,000 RCA Boulevard and Prosperity Farms Road $ 80,000 RCA Boulevard and Campus Drive $ 35,000 Conveyance of Right -of -Ways: 15. Prior to the issuance of final approval for the first Planned Unit Development to be contained within the Regional Center Project, or within eighteen (18) months after the effective date of the Development Order, which- ever comes first, the Developer shall convey to the appli- cable governmental entity all.rights -of -way which are needed for the improvements specified in Condition No. 13 other than the rights -of -way related to the improvement of the intersection of Prosperity Farms Road and PGA Boule- vard. The rights -of -way shall be conveyed free and clear of all liens and encumbrances and shall not be subject to any restrictions or limitations which would interfere with their intended use as public road right -of -way. Further, the Developer shall also provide a contribu- tion equivalent to the fair market value of rights -of -way which are necessary for the improvement .specified above for the intersection of Prosperity Farms Road and PGA Boule- vard. This contribution shall be made in sufficient time so that the improvements for which it is being required can be made at the time the improvements are required under Cond.ition.No. 13. This contribution shall be made to the applicable governmental authority. The funds shall be held in escrow and expended for the purpose of acquiring the rights -of -way necessary for the improvement of the inter- section of Prosperity Farms Road.and PGA Boulevard. 16. All improvements shall be designed and built to meet appro- priate Florida Department of Transportation, Palm Beach County and City of Palm Beach Gardens standards. The Developer shall provide all improvements such as signal -14- installation, signal upgrading, signal progression, lane marking, signing (including overhead signs) and lighting needed in conjunction with the required improvements. Lighting, as used herein, refers to any modifications to existing street lighting required by roadway improvements as specified in Condition No. 13. All roadway widenings shall be constructed to join with existing comparable cross - sections or shall be carried a sufficient distance through and beyond the intersections to allow for safe and efficient transition to smaller cross- sections. 17. The specific improvements required in Condition 13 above may be modified based on the results of the annual traffic monitoring program. However, in no case shall the Devel- oper be liable for improvements more extensive than those specified above, except as provided in Condition 19 below. 18. All improvements specified in Condition 13, except 13(C)(3) shall be completed prior to issuance of the last Planned Unit Development, plat, or site plan approval for the Development. 9. In the event that the peak hour traffic produced by The Regional Center exceeds 8,900 trips and Certificates of Occupancy have been issued for less than ninety -five percent (95 %) of the maximum floor space listed in Exhibit "H" of the Regional Center Application for Development Approval, the City shall impose, in consultation with the Treasure.Coast Regional Planning. Council, any additional traffic requirements, including, but not limited to, inter- section improvements, roadway widenings, or transportation system management measures that may be necessary to miti- gate the impact of the additional traffic which is in excess of that originally projected for the Development. Further, the City of Palm Beach Gardens shall review the transportation system in the area of the Regional Center during each Planned Unit Development application. At each Planned Unit Development application, a review of -15- non - municipal public transporation improvements assumed in the ADA will be completed and a traffic impact report shall be prepared. Based on these reports, the City of Palm Beach Gardens shall report annually to the Metropolitan Planning Organization regarding the Regional Center's progress in relation to needed non - municipal transportation improvements assumed in the ADA. Additionally, every five (5) years after the effective date of the Development Order, the City of Palm Beach Gardens shall review the transportation system outlined in the ADA and issue a report to the Treasure Coast Regional Planning Council regarding needed non - municipal public . transportation improvements assumed in the ADA. If it is determined that the needed transportation improvements have not been constructed and that provision has not been made for funding the needed improvements in the Palm Beach County Five Year Transportation Improvement Plan or by a commitment from private or public sources, the City of Palm Beach Gardens in consultation with the Treasure Coast Regional Planning Council shall modify the traffic require- ments as necessary to minimize adverse impacts on traffic conditions. The Developer shall have the option of accept- ing the modified traffic requirements or delaying further development of the Regional Center until funding of the needed improvements has been provided as set forth above. Except as otherwise provided in this paragraph, the Devel- oper shall not be subject to obligations, regulations, or restrictions which are not generally imposed on other developments in the area. Further, issuance of building permits and Certificates of Occupancy for a Planned Unit Development in the Regional Center shall not be suspended or withheld as a result of additional traffic conditions after the City of Palm Beach Gardens has approved that Planned Unit Development. The Regional Center shall not be developed in one Planned Unit Development, but shall be -16- developed in not less than four (4) Planned Unit Develop- ments and the City of Palm Beach Gardens shall establish reasonable completion times for each Planned Unit Develop- ment, depending upon the size of each such Planned Unit Development. 20. In the event that any impact fee is imposed by any govern- mental authority upon the Development for the purpose of funding non -site related roadway improvements, the Devel- oper shall receive a credit against such fee for any sums expended pursuant to Condition 13 above or the Developer's obligations contained in Condition 13 above shall be reduced by an amount equivalent to the fee paid. Non -site related improvements are defined as everything offsite except turn lanes, signalization, and driveway construction at points of access. 21. Commencing the first winter season (January- March) after issuance of the first Certificate of Occupancy, and contin- uing each winter season thereafter, the Developer shall undertake a traffic monitoring program. The traffic moni- toring program shall be conducted by a traffic engineering firm that is qualified by the Florida Department of Trans- portation in 3.05 - Traffic Operation Studies and 3.06 - Traffic Operation Design or an equivalent. The program shall consist of the following activities: (A) Conduct a two -day, mid -week, twenty -four hour (hourly recording) count at all Regional Center driveways and on the following roadway segments: - PGA Boulevard east of SR 811; - SR 811 between the northernmost development entrance and Hood Road; and - SR 811 between Hood Road and Donald Ross Road. (B) Conduct AM and PM peak hour turning. movement counts for c hundred twenty (120) minutes to capture the maximum sixty (60) minutes at all Regional Center driveways and at the following intersections: -17- - SR 811 and PGA Boulevard. - PGA Boulevard and Military Trail. - PGA Boulevard and Prosperity Farms Road. - RCA Boulevard and Prosperity Farms Road. - RCA Boulevard and Campus Drive. (C) Perform critical movement capacity analysis unsignal- ized and signalized using the AM and PM peak hour traffic counts and using existing lane configuration •. at the intersections noted in 21(B) above. The anal- ysis shall be based upon criteria relating to Opera- tions and Design as set forth in Transportation Research Circular No. 212, ".Interim Materials on High- way Capacity ", January 1980 (or its successor). Signal warrant studies shall also be conducted at all- driveway intersections and unsignalized intersections as required. (D) Determine current level of service for each Regional Center driveway and the intersections identified in 21(B) above and identify any intersection improvements needed to provide Level of Service C. Also, determine current twenty -four hour traffic volume relative to thre hold volumes set in Conditions 13(D)(1) and 13(D)(2)abov (E) Prepare a report presenting existing counts and traf- fic conditions, including all analysis, specifying any improvements necessary to provide Level of Service C operation, and outlining the schedule for construction of the improvements :identified. This report shall be submitted to the City of Palm Beach Gardens, the Treasure Coast Regional Planning Council, Palm Beach County Traffic Engineering, and the Florida Department of Transportation on or before May 1st of each year. (F) Monitoring of each roadway segment and intersection specified in 21(A) and 21(B) above may cease whenever all related improvements have been completed as out- lined in Condition 13 above. 3 -18- 22. Prior to the issuance of Certificates of Occupancy for each Planned Unit Development, Applicant shall submit and implement a directional signage plan for vehicles and pedestrians. Housing: 23. The Applicant shall, on or before January 1, 1989, develop or cause to be developed, within five miles of The Regional Center, a minimum of five hundred (500) housing units priced at or below $60,000.00 per unit, such price to be subject to change based on the housing element of the Con- sumer Price Index, Bureau of..Labor Statistics, Southeastern Region. The Applicant shall receive credit towards the satisfaction of this condition equal to the number of hous- ing units constructed by the Applicant or any other entity within five miles of The Regional Center between January 1, 1984 and January 1, 1989 at or below the price specified above. Energy: 24. In the Final Site Plans, the Developer shall incorporate those energy conservation measures identified on Pages 25 -9 through 25 -16 of The Regional Center Application for Devel- opment Approval and, to the extent feasible, measures identified-in the Treasure Coast Regional Planning Council'.s Regional Energy Plan. 25. The Property Owners.Association Architectural Review Board (hereafter referred to as the "Board ") shall develop and implement, with the assistance of its energy consultants, an energy plan for each project phase, covering all aspects of the Development (e.g., site planning, building design, equipment selection and operational procedures). The energy plans shall be submitted to the Treasure Coast Regional Planning Council and the City of Palm Beach Gardens for their review and comment. Copies of the energy i -19- plans should also be provided to Florida Power & Light Company and the Seacoast Gas Corporation. The Treasure Coast Regional Planning Council and the City shall have a maximum of sixty (60) days to review the plans and comment before any final Board action and Site Plan approval are made concerning the particular development phase. The Board shall consider those comments in making its develop- ment decisions. If the Board is unable to comply with this condition, it shall be the responsibility of the Developer to have the energy plans approved and submitted in accord- ance with the procedures set out above. 26. Heated swimming pools built .on- site.shall only be heated by a renewable energy source (e.g., solar energy, waste heat recovery). 27. The Applicant shall consult with Florida Power & Light Com- pany representatives and other energy experts in designing, operating, and maintaining an energy- efficient street lighting system for streets and parking lots. Addition- ally, the Applicant shall consult with Florida Power & Light Company and Seacoast Gas Corporation representatives to consider the installation of a full line of energy -effi- cient appliances and equipment, including, but not limited to, energy- efficient heat pumps, waste heat recovery sys- tems, and domestic solar water heaters. Provisions shall be made to offer such energy- efficient appliances and devices (including heating and cooling systems) as options to prospective home buyers. Atlantic Boulevard /Screening and Right -of -Wax: 28. The Applicant shall provide screening of and additional right -of -way for Atlantic Boulevard under the following terms and conditions: (A) Within two (2) months from the'date that Applicant receives the first Certificate of Occupancy, for any phase of a PUD adjacent to Atlantic Boulevard, a mean- -20- dering and undulating berm, an average of three (3) feet in height above the crown of Atlantic Boulevard and a six foot (61) high chain link fence will be con- structed along Atlantic Boulevard right -of -way in such portion of the PUD. Additional visual screening will be provided by a hedge and trees. Applicant or the Property Owners Association shall maintain the fence and landscaping located on Applicant's Property. (B)l If Palm Beach County provides funding for the widening of Atlantic Boulevard prior to Applicant filing a plat adjacent to Atlantic Boulevard, then Applicant shall provide, to Palm Beach County without charge, a right- of-way of .up to forty feet (401) in width at such time as Applicant files the first plat adjacent to Atlantic Boulevard. Public Safety Buildincp 29. Within 2 -1/2 years after final approval of the Development Order and after exhaustion of all administrative appeals provided by law, Applicant shall provide the City, without charge, a 5 -1/2 acre site, located on Campus Drive, and a public safety building located on that site. The Appli- cant's obligation shall be to provide to the City of Palm Beach Gardens a public safety building containing 3,900 square feet which shall be a "turnkey" firestation facil- ity. Prior to construction thereof, plans and specifica- tions therefor shall be delivered and approved by the City Manager, which approval shall not be unreasonably withheld. The Deed of Conveyance shall contain a restriction providing that the property shall be used by the City for public purposes only. Major Streets: 30. All major streets shown on the Master Plan (Exhibit "B" of the ADA) shall be public streets dedicated to the City of -21- Drainage: 31. Parks: 32. 33. 34. Palm Beach Gardens. Any private streets within individual Planned Unit Developments shall be subject to approval by the City Council. The maintenance and operation of all drainage facilities shall be the responsibility of a property owners associa- tions, taxing district, or water control district. How- ever, this shall not preclude the jurisdiction of the City of Palm Beach Gardens in the event of default or inaction by any of the above entities. The Applicant shall provide adequate neighborhood park sites and equipment for same to serve residents of Residen- tial Planned Unit Developments, especially children. These requirements shall be determined by the City in its ap- proval of Residential Planned Unit Developments. Parks in the Development shall be operated and maintained by a property owners association or other entity and the City of Palm Beach Gardens shall have no responsibility for the operation or maintenance of the parks. The require- ments of the Ordinances of the City of Palm Beach Gardens, providing that the City may require the dedication of public parks, shall be satisfied by such parks even in the event they are not dedicated to the City of Palm Beach Gardens. The 20 -acre park and lake depicted in Exhibit "H" of the ADA shall be improved as required by the South Florida Water Management District (SFWMD) during the permitting process. Initial improvements may include the excavation of portions of the lake and planting of attendant littoral and upland buffer zones. The 20 -acre park site shall be completed as the major roadways depicted on Exhibit "H" of -22- the ADA, abutting the park on the west and south side are constructed. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: 1. That this Resolution shall constitute the Development Order of this City Council issued in response to the Development of Regional Impact Application for Development Approval filed by BANKERS LAND COMPANY. 2. That the definitions found in Chapter 380, Florida Statutes, shall apply to this Development Order. 3. That the following are hereby incorporated by refer- ence and made a part of this Development Order: Application for Development Approval (ADA) consisting of Volumes I and II, and appen- dixes A, B, and C, dated September, 1983 revised and submitted to Treasure Coast Regional Planning Council on October 14, 1983. 4. That the following is" hereby incorporated into this Development Order for purposes of legislative reference: All materials contained in the assessment report of Treasure Coast Regional Planning Council. S. That this Development Order shall be binding upon the Developer and its assignees or successors in interest; and, the term "Developer" and "Applicant" as used interchangeably herein shall mean BANKERS LAND COMPANY. It is understood that any reference herein to any governmental agency shall be construed to mean any future instru- mentality which may be created and designated as successor in inter- est to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Development Order. 6. That in the event that any portion or section of this Development Order is determined to be invalid, illegal or unconstitu- tional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this Develop- ment Order, which shall remain in full force and effect. -23- 7. That the approval granted by this Development Order is conditional; and, such approval shall not be construed to obviate the duty of the Developer to comply with all other applicable local or state permitting procedures. 8. That subsequent requests for development permits shall not require further review pursuant to 5380.06, Florida Statutes, unless it is found by the City Council, after due notice and hearing, that one or more of the following is present: (a) A substantial deviation from the terms or condi- tions of this Development Order, or other changes to the approved Development Plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which were not evalu- ated in the review by the Treasure Coast Regional Planning Council, or (b) An expiration of the period of effectiveness of this Development Order as provided herein. - Substantial deviation shall be as defined in Chapter 380, Florida Statutes. Upon a finding that any of the above is present, the City Council shall order termination of all development activity until further review in accordance with 5380.06(17)(a), Florida Statutes. 9. That this Development Order shall remain in effect for a period of twenty (20) years from the date of its rendition, pro- vided that this effective period may be extended by this City Council upon a finding of excusable delay in any proposed development activity and that conditions have not changed sufficiently to warrant further consideration of the Development. 10. During the period of effectiveness of this Development Order, the Developer shall annually provide the City of Palm Beach Gardens, the Treasure Coast Regional Planning Council, and the Bureau of Land and Water Management with a summary of completed construction and a schedule of proposed construction over the remaining life of the Development Order. This summary shall be in the form designated by the Treasure Coast Regional Planning Council. -24- 11. The Developer shall, six (6) months from the date of this Order and every six (6) months thereafter, meet with the City Manager and any other governmental agency so designated by the City Council, for the purpose of informing the City of the present status and updated growth projections of the Development. 12. Within sixty (60) days from the date herein, the Developer shall submit a revised Master Development Plan and such other revised plans as are appropriate, to the City Manager, the Treasure Coast Regional Planning Council, and the Bureau of Land and Water Management. These revised plans shall incorporate all changes, if any, in the Development as required by this Development Order. 13. This Development Order shall become effective upon passage hereof and being signed by the Mayor and City Clerk (provided such date shall be extended until completion of appellate procedures, if any, relating to the issuance of this Development Order). 14. Certified copies of this Development Order shall be transmitted immediately by certifed mail to the Bureau of Land and Water Management, the Treasure= -Coast Regional Planning Council and Bankers Land Company. INTRODUCED, PASSED AND ADOPTED THIS THE /b DAY OF 1984. MAYOR ATTEST: a� _ -roc nA,�0 C %CITY LERK -25- EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF SECTIONS 5 AND 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULkRLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST (NW) COFLNER OF SAID SECTION 5, THENCE SOUTH 89 °16'50" EAST, ALONG THE NORTH LINE OF SAID SECTION 5, A DISTANCE OF 1932.73 FEET; THENCE SOUTH 00 °47'03" WEST, A DISTANCE OF 295.16 FEET; THENCE SOUTH 89 °16'50" EAST, A DISTANCE OF 295.16 FEET; THENCE NORTH 00 °47'03" EAST, A DISTANCE OF 295.36 FEET, THE LAST THREE COURSES BEING COINCIDENT WITH THOSE Lb1DS AS DESCRIBED IN O.R.B. 2307, PAGE 1866, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89 °16'50" EAST, ALONG THE NORTH LINE OF SAID SECTION 5, A DISTANCE OF 400.00 FEET TO THE NORTH ONE - QUARTER CORNER (NI/4)—OF SAID SECTION 5; THENCE SOUTH 89 °16'35" EAST, ALONG THE NORTH LINE OF THE NORTHEAST ONE- QUARTER (NE1 /4) OF SAID SECTION 5, A DISTANCE OF 55.00 FEET; THENCE SOUTH 01 °05'31 " .WEST, ALONG THE WESTERLY R/W LINE OF PROSPERITY FARMS ROAD, AS SHOWN ON THAT MAP PREPARED BY THE PALM BEACH COUNTY ENGINEERING DEPARTMENT, NO. 3 -70 -001 R /W, A DISTANCE OF 660.01 FEET; THENCE CONTINUE SOUTH 01 °05'31" WEST, ALONG THE SAID WESTERLY R/W LINE, A DISTANCE OF 979.81 FEET, THENCE NORTH 88 °15'18" WEST, ALONG THE WESTERLY EXTENSION OF THE NORTH R/W LINE, OF THAT COUNTY ROAD KNOirN AS IDLEWILD ROAD, A DISTANCE OF 46.20 FEET, THENCE SOUTH 00 °47'03" WEST, ALONG THE EAST LINE OF THE NORTHWEST ONE - QUARTER (NW1 /4) OF SAID SECTION 5, A DISTANCE OF 12.61 FEET; THENCE NORTH 89 °16'50" WEST, P. DISTANCE OF 1323.04 FEET; THENCE NORTH 01 °05'58" EAST, A DISTANCE OF 10.54 FEET, THE LAST FIVE (5) COURSES BEING COINCIDENT WITH THOSE LANDS AS DESCRIBED•IN O.R.B. 1637, PAGE 695, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 86 *53'53" WEST, A DISTANCE OF 1322.96 FEET, TO A POINT ON THE WEST LINE OF SAID SECTION 5; THENCE SOUTH. 01 °25'01" BEST, ALONG THZ HEST LINE OF SP_ID SECTION 5, A DISTANCE OF 656.01 FEET; THENCE SOUTH 88 °53'53" EAST, A DISTANCE OF 1326.60 FEET, THE LAST THREE COURSES ARE COINCIDENT WITH THOSE-. LANDS AS DESCRIBED IN O.R.B. 2900, PAGE 77, AND O.R.B. 3317, PAGE 451, OF THE PUBLIC RECORDS, OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 01 °05'58" WEST, A DISTANCE OF 595.78 FEET; THENCE NORTH 88 °51'28" WEST, ALONG A LINE SIXTY (60) FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST ONE - QUARTER (N`W1 /4) OF SECTION 5, A DISTANCE OF 1329.89 FEET, TO A POINT ON THE WEST LINE OF SAID SECTION 5, THENCE NORTH 88 °45'08" WEST, ALONG A LINE SIXTY (60) FEET NORTH. OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTH ONE -HALF (N1 /2) OF SAID SECTION 6, A DISTANCE OF 2:44.17 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE, CCNCAVE SOUTHERLY; THENCE WESTERLY, ALONG THE ARC OF SAID Ci ?VE, HAVING P_ RADIUS OF 2924.79 FEET, A CENTRAL ANGLE OF EXHIBIT 'A" (cont'd., LEGAL DESCRIPTION (Cont'd) 15 °18'09 ", AND AN ARC DISTANCE OF 781.15 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 75056143" WEST, A DISTANCE OF 1233.86 FEET, THE LAST FOUR COURSES BEING COINCIDENT WITH_ THE NORTH R/W LINE OF P.G.A. BOULEVARD, AS DESCRIBED IN O.R.B. 2353, PAGE 1529, AND O.R.B. 2772, PAGE 1782, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 14 °05'09" WEST, A DISTANCE OF 1233.26 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2654.93 FEET, A CENTRAL ANGLE OF 15 °25'02 ", AND AN ARC DISTANCE OF 714.38 FEET TO THE POINT OF TANGENCY; THENCE NORTH 01 °19'52" EAST, A DISTANCE OF 1074.57 FEET, THE LAST THREE COURSES BEING COINCIDENT WITH THAT R/W FOR ALT. A -1 -A, AS DESCRIBED IN DOCUMENTS 93090 -2521, PARCEL 100.1R, AS EXECUTED ON JUNE 24TH, 1981; THENCE SOUTH 88 °44'48" EAST, A DISTANCE OF 503.33 FEET; THENCE NORTH 01 °34'00" EAST, A DISTANCE OF 303.00 FEET; THENCE NORTH 88 °44'48" WEST, A DISTANCE OF 530.52 FEET, THE LAST.THREE.COURSES BEING COINCIDENT WITH THOSE LANDS AS DESCRIBED IN O.R.B. "1310, PAGE 42, OF THE PUBLIC.RECORDS, OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 01 "15'12" EAST, A DISTANCE OF 0.10 FEET; THENCE NORTH 44 °42'22" EAST, A DISTANCE OF 48.08 FEET; THENCE SOUTH 88 °44'48" EAST, A DISTANCE OF 10.00 FEET; THENCE NORTH 01 °15112" EAST, A DISTANCE OF 5.00 FEET; THE LAST FOUR COURSES ARE COINCIDENT WITH THE SAID EASTERLY R/W LINE OF ALT. A -1 -A; THENCE SOUTH 88 °44'48" EAST, ALONG THE NORTH LINE OF SAID SECTION 6, A DISTANCE OF 2462.99 FEET, TO THE NORTH ONE - QUARTER (N1 /4) CORNER OF SAID SECTION 6; THENCE SOUTH 88 °45'01" EAST, ALONG SHE NORTH LINE OF THE NORTHEAST ONE - QUARTER (NE1 /4) OF SAID SECTION 6, A DISTANCE OF 2653.21 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. CONTAINING 458.185 ACRES, MORE OR LESS. -� REF: Section 13.(A)(- 1 -- i_a - sBr 6 LANE ARTERIAL e0 4 LANE EXPRESSWAY 6a / /.a6t 6 LANE EXPRESSWAY 91616161611 6 LANE EXPRESSWAY ... — it S ' INTERCHANGE e.r ♦ _ TOTAL PHASE 1 DAILY TRAFFIC (1000'6; "a..) (EXISTING OTHER DEVELOPMENT S REGIONAL CENTER ) O` e.f p�o� 1 i� o INOO AO I�.il /� 1) laiil '• wwe ee e.r •" e e011.M1M[[ elw � Is.n Irr.ol .I etu[ MEWM K`jw 7 t �e 7 r - o d w 1 I f` t. I I 1 1 II III I I LEGEND I THE 6 LANE ARTERIAL a LANE ARTERIAL sBr 6 LANE ARTERIAL 1 4 LANE EXPRESSWAY 6a / /.a6t 6 LANE EXPRESSWAY 91616161611 6 LANE EXPRESSWAY ... — FUTURE ROADWAY ' INTERCHANGE e.r REGIONAL CENTER OALY TRAFFIC (JOOO'S) . TOTAL PHASE 1 DAILY TRAFFIC (1000'6; "a..) (EXISTING OTHER DEVELOPMENT S REGIONAL CENTER ) O` INTERSECTION DESIGNATION I 1 1 II III I I _III MEPARED 61 I THE 1 EXHIBIT KMEGIONAL LEY -MORN Aldo ASSOCIATES. INC. MC CENTER' PHASE 1 TRAFFIC J-3 VOLUMES 1 THE13ANKERSCOMPANY PALM BEACH OAROENB, FLORIDA PAGE 1 OF 4 I 1 1 II III I I •i - Z2 - -- 11 ` t I powae wes ���...111 t>ro �l trop tidy toil E L LEGEND .o -t-. \ 2 LANE ARTERIAL = a LANE ARTERIAL [il 1 5 �� • LANE ARTERIAL ti, _ LANE EXPRESSWAY 7 -- !'rV /�7R 6lANE EXPRESSWAY - 418111118" 4 LANE EXPRESSWAY Wwl •"'•"' FUTURE ROADWAY INTERCHANGE ra. uiw, eaw • tii, - _ iiu _ �OM[T „p_ \1 ,• 11 ea REGIONAL CENTER DALY TRAFFIC (100( - e °ol\ ei TOTAL PHASE 2 DAILY TRAFFIC (100( J tww+e Ni a A a.11 , nT el (EXISTING OTHER DEVELOPMENT F Oil REGIONAL CENTER - _ - �I - • • •`J INTERSECTION DESIGNATION 1� _ o. NA, oa It..1• _ � • °.. b["1 (,, \nL 43.) ,A , I KYC Mt10N Kw Wo • ; �.[ ....* .. WT TO -4.1 l t � I P°E►AtIEO tT tN E EXHIBIT - KNILET -/TORN AND ASSOCIATES. NC. R E G' ® 2 Y A L PHASE 2 TRAFFIC J-4 VOLUMES CENTER N TNEBANKERSCOMPANY PALM • — O•f WEACH OAROENS. FLORIOA e[,. PAGE 2 OF 4 f - \ 1 1 - btf Lk 1 e.a eoa Nia t o M. E E- 1 LEGEND tf. et • loaAaO aoss w ,�. ` _ 2 LANE ARTERIAL A LANE ARTERIAL F 4 LANE ARTERIAL t- Igee ep iin (1iit y} r= =_s__ A LANE EXPRESSWAY II j I'Mi00R ! LANE EXPRESSWAY Jr— .II t 219412144 9 LANE EXPRESSWAY '�O , — FUTURE ROADWAY INTERCHANGE laa.a/ e a - eW Kw.. Ma �t • a. n a.lt - a.! REGIONAL CENTER DALY TRAFFIC (1000 � 1 tiit fait ��, TOTAL PHASE 2 DAILY TRAFFIC (1000' euwus w. (aon (EXISTING OTHER DEVELOPMENT 2 REGIONAL CENTER ) •- ff � INTERSECTION OESNL(ATION 0. (nI ass a t. G Jbit ff Ten L. coat AYE - ~ _ (3..t 1 } KYE KwOx K1ve - , - F I f 1 f MEMIIEO 9Y iME EXHIBIT RIMLEY -HORN AND ASSOCIATES, WC. REGIONAL PHASE 3 TRAFFIC J .5 CENTER N T E R VOLUMES THERANKERSCOMP .. �. ,.._ COMPANY PALM aEAOM.OA RO ENS, ... F LORIOA PAGE 3 OF 4 of N 1.0 �o wsa Ia ly. kw i i / }��i1 • •011tKMl( /tY0 JK4M Mwv J � 8 ` tp a s LEGEND THE 1 LANE ARTERIAL 4 LANE ARTERIAL R E C 1 C N A L CENTER - ..PALM SEACN OAgOENS, F I.OFIIOA 4 LANE ARTERIAL - S LANE ARTERIAL 4 LANE EXPRESSWAY 7fO GOP 6 LANE EXPRESSWAY 8111111111 ! LANE EXPRESSWAY FUTURE ROADWAY 40 INTERCHANGE . 64 REGIONAL CENTER DAILY TRAFFIC (1000': TOTAL PHASE A DAILY TRAFM (1000'' a'.) (EXISTING OTHER DEVELOPMENT A REGIONAL CENTER) 0 INTERSECTION DESIGNATION MEPAREO 1Y THE EXHOT .0 KIMIEY -MORN O ASSOCIATES, INC. LAND THEBANKERSco R E C 1 C N A L CENTER - ..PALM SEACN OAgOENS, F I.OFIIOA PHA V 4 TRAFFIC J.8 VOLUMES _ N PAGE 4 OF 4 1 W D m nr 0> �2 O 2 D 33i r 3 m� DO = �Z D Dr D 0 ^ zm Z r Dm D a 33 D o V7 o � o °o N I� 4 f If x ; � i o • C t -- It _ •V t e•yy_r" N A R r• 0 0 y r �o N a w 0 ®Haoa= ®aa 113 F A • M! at Q A D 1 � z A 1 A S! p N RI •e\ O 1 �c� � r■ N e r r M M •, . �. O O • N O N N o • Y N m N Y Y > M P • 8Y . � O O O O M N Y • y O o g • � ! Y y � V g g M � w r � M R • N � N A R r• 0 0 y r �o N a w 0 _J t 1 t� 1 ►1 rJ �J REF: Section 2'. September 1983 1. All construction now must conform to the Florida Model Energy Efficiency Code for Building Construction as outlined below: a. Commercial Structures - Section 8 b. Residential Structures - Section 9 Refer to Exhibits 25 -D.1 through 25 -D.4 for present and future projected energy budgets. 2. Lighting and its resultant heat output is the largest single energy user; therefore, the proposed lighting systems should be selected with the following considerations where feasible: a. Minimize lighting levels to those reduced standards of the Illumination Engineering Society's recommendation. b. Selection of high efficiency luminaires. C. Selection of high efficiency lamps. Following is a list of those differences in efficiency as related to lamp types. PAGE l OF 8 25 -9 J _.1 I J J High Pressure Sodium Metal Halide Fluorescent Mercury Vapor Incandescent September 1983 Lumens /Watt 104 82 79 50 14 d. Office buildings utilizing open office concepts in lieu of the standard partitioned office spaces permit a more efficient selection of illumination methods. 3. Cooling is the second largest energy user and should be examined with the following ooRSiderations where feasible: a. Reduced lighting loads-effect a reduced cooling load by the.reduced resultant heat. b. Central chilled water systems to maximize equipment and system efficiency. C. Provisions for metering of individual energy users, such as chilled water or hot water flow rates to tenants. PAGE 2 OF 8 25 -10 - J �J -J _J J ._J -J J r� :i September 1983 d. Micro processor controllers to monitor individual areas or incremental air conditioning units to condition individual areas as required and unload units when not necessary. e. Dehumidification to reduce cooling load. f. Passive cooling and natural ventilation. g. Mechanical ventilation instead of cooling, i.e. paddle fans, attic ventilation, individual area ventilation. 4. The third major energy use is the generation of hot water. Following are alternattive sources to generate the required hot water which should be examined: a. Waste heat recovery. b. Solar. c. Central hot water generation. d. Biomass (resource recovery). PAGE 3 OF 8 25 -11 a. Passive solar. b. Solar hot water. PAGE 4 OF 8 25 -12 September 1983 Hot water generation by electricity (which is presently derived primarily from petro - chemical sources), is a high- demand factor during peak loads and creates an 1� unnecessary high demand loading effect. _r These loads should be limited by one or more of the following methods: Storage tanks to -peak hour a. allow off generation of hot water. b. Demand controllers. c. Central hot water generatio4 facilities. Non - electrical water heating, such as natural gas. fd. i� i 5. Heating - Electrical resistance heating is discouraged and alternative sources are recommended to limit the high peak demand experienced during heating periods. Recommended alternative sources are as follows: a. Passive solar. b. Solar hot water. PAGE 4 OF 8 25 -12 J. September 1963 c. Natural gas. d. Methane. e. Waste heat from central electrical generation plants. Jf. Thermal storage. 6. Building Design Considerations a. Special consideration is.recommended in site selection and building orientation in relationship with the surrounding site-features such as solar loading and solar reflection from adjacent ponds, lakes, paved areas, etc. b. Exterior landscaping should be located to provide shielding of solar radiation by shading of the structure. C. Building construction should incorporate overhangs and shading of glazing areas. d. open air seating areas for restaurants and sidewalk cafes' reduce the need for air conditioning. PAGE 5 OF 8 25 -13 • a September 1983 ' e. The design of large commercial buildings may, where appropriate, minimize common conditioned areas. _ A This could be affected by designing shopping . ` centers, office buildings,.open air malls, and so forth, so that they utilize open atrium and i exterior walkways. J Other alternative energy sources were considered, but eliminated because of geographical locations. They include: Thermal mass Geophysical " Wind Ocean Thermal 7. Energy Use Review: l All building and site plans for construction within this project will be submitted to the Property Owners' Association for review and acceptance as complying with the intent of this ADA. This acceptance shall include PAGE 6 OF 8 25 -14 September 1983 the implementation of the following energy conservation features: a. All buildings will meet the requirements of the Florida Model Energy Efficiency Code for Building Construction. b. Purchasers of residential units shall be provided the hot water heating systems that employ waste heat recovery, solar or other non - depletable energy sources as the primary energy sources. Gas or electrical power may be utilized as back -up energy sources where desired. C. Residential dwelling units'sHall employ air conditioning systems with a minimum SEER of 8.0. d. Residential dwelling units shall be constructed with the clothes washer and dryer located in non -air conditioned spaces where architecturally feasible. e. Operable glass area must exceed 408 of the total glass area in single family residential dwelling units: As required by the Florida State Statute, each.submittal for building permit request shall.be accompanied by 25 -15 PAGE 7 OF 8 September 1983 certification of compliance with the Florida Model Energy Efficiency Code for Building Construction. This certification shall be prepared, signed and sealed by a professional engineer or a registered architect, who shall be registered in the State of Florida. The applicant will retain energy consultants as members of J the Property Owners' Association's Architectural Review Board. These energy consultants will be i gy professional ! consultants regularly involved in the practice of energy i - conservation. One member shall be an architect and one 1 member shall be a registered professional engineer, each registered in Florida. QUESTION 25 -E i If alternative energy sources have been considered for this development, why were these alternatives selected or discarded? (e.g., solar energy systems, i etc.) ANSWER 25 -E Alternative energy sources are encouraged and projected to be necessary to meet the projected energy budgets as outlined in Exhibit 25 -A.1. Two alternative energy sources being considered are waste heat recovery systems and solar. The actual system PAGE 8 OF 8 25 -16 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 5, 1999 Date Prepared: July 22, 1999 Amending Article III of the Palm Beach Gardens Code, entitled "Police Officers' Retirement Fund;" Amending the Definitions; Amending the Investment Guidelines Subject /Agenda Item Consider a motion to approve Ordinance 37, 1999, for first reading Recommendation/Motion: Reviewed by Originating Dept.: Finance City Attorney Finance ACM Human Res. Advertised: Other Date: Paper: [ X ] Not Required Submitted by: Finance Director km Affected parties [ ] Notified Approved by: City Manager [ X ] Not required BACKGROUND: I Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct. #:: ICouncil Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Ordinance 37, 1999 [ ] None MEMORANDUM TO Bobbie Herakovich, City Manager FROM Kent R. Olson, Finance Director KNd SUBJECT Ordinance 37, 1999 DATE July 22, 1999 BACKGROUND The Police Pension Board has requested the changes found in Ordinance 37, 1999 to provide them with more flexibility in managing the assets of the Police Pension Fund. Florida Statutes provides that police and fire pension boards may invest up to 10% of their assets in foreign stocks. The Statutes also allow local law pension boards to set limits on the amount of stock it may hold in its portfolio, subject to the approval of the municipality's elected officials. _. DISCUSSION As noted above, State law allows for up to 10% of a pension fund's assets to be invested in foreign stocks. Over the long -term investment horizon for a pension fund, this diversification into international stocks is prudent and should lead to higher returns at lower risk. The City's Fire and General Employees' Pension Boards already are able to invest in foreign stocks. The Police Pension Board is also seeking to invest up to sixty- five(65) percent of its assets in stocks. This is the same percentage currently authorized for the City's Fire and General pension funds. Again, the long- term investment horizon of pension funds makes this an appropriate maximum for investment in equities. Finally the Ordinance contains some minor cleanup language to update the depository insurance provisions in the existing Code. RECOMMENDATION 1 recommend that the City adopt Ordinance 37, 1999, providing for revisions in the permitted investments of the Police Pension Retirement Plan. Jul 22 199 Y , 9 i ORDINANCE 37, 1999 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ARTICLE III OF THE PALM BEACH GARDENS CODE; ENTITLED "POLICE OFFICERS' RETIREMENT TRUST FUND;" AMENDING THE DEFINITIONS; AMENDING THE INVESTMENT GUIDELINES; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Palm Beach Gardens Police Officers' Pension Fund ( "Fund ") Board of Trustees ( "Trustees "), at the advice of their financial consultants, desires to add to the asset classes that the Fund may invest in; and WHEREAS, the Trustees of the Fund desire to increase the allowable allocation of investments in equities; and WHEREAS, the Board of Trustees of the Fund has determined that it is in the best interest of the Participants and Beneficiaries of the Fund to diversify their investments; and WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, desires to revise its Police Officers' Pension Ordinance in order to implement this revision to the Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Article 11150 of the Palm Beach Gardens Code is amended by changing Section 50- 87(a)(1) as follows: Section 50 -87. Powers (a) The board of trustees may exercise the following powers: (1) Invest and reinvest the assets of the retirement trust fund in: a. Time or savings accounts of a national bank, a state bank insured by the Bank Insurance Fund Fcucral i cYvsit u,surail.:c Ccipciativii or a savings and loan association insured by the Savings Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered Credit Union whose share accounts are insured Ordinance 37, 1999 Page 1 by the National Credit Union Share Insurance Fund. `dcral J0.vul�� aixl LV0.11 11 suranc . %Col- poradlo11. b. Obligations of the United States or obligations guaranteed as to principal and interest by the United States. c. Bonds issued by the State of Israel. d. Bonds, stocks, or other evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia, except that the board of trustees may invest up to 10% of the assets of the. Fund in foreign equities, provided: 1. The corporation is listed on any one or more of the recognized national stock exchanges and, in the case of bonds only, holds a rating in one of the three highest classifications by a major rating service; and 2. The Board of Trustees shall not invest more than five percent of its assets in the common stock or capital stock of any one issuing company, nor shall the aggregate investment in any one issuing company exceed five percent of the outstanding stock of the company or the aggregate of its investments under this subparagraph at cost exceed sixty -five percent of the fund's assets. e. Invest and reinvest the assets of the fund in annuity and life insurance contracts of life insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all the participants in the municipal police officers' retirement trust fund shall be entitled under the provisions of this article and pay the initial and subsequent premiums thereon from the integral part of the fund. f. Convert into cash any securities of the fund. g. Keep complete record of all receipts and disbursements and of the board's acts and proceedings. h. If the current state contributions are adequate to fund minimum requirements of Florida Statutes, Chapter 185.35, additional state funds may be used to provide benefits that exceed requirements of Florida Statutes, Chapter 185.35. Section 2. The City Clerk is hereby directed to ensure that the contents of this ordinance Ordinance 37, 1999 Page 2 be codified as part of the City Code of Ordinances. The Sections of the 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. Should any section or provision of this ordinance, or any portion, phrase, paragraph, sentence or word thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than that part declared invalid. Section 4. All ordinances and resolutions of the City, or any part thereof, which are in conflict with this ordinance are hereby repealed. Section 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF , 1999. PLACED ON SECOND READING THIS DAY OF , 1999. PASSED AND ADOPTED THIS DAY OF , 1999. MAYOR JOSEPH RUSSO VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK COUNCILWOMAN ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY Ordinance 37, 1999 Page 3 VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO Ordinance 37, 1999 Page 4 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 5, 1999 Date Prepared: July 28, 1999 Subject/Agenda Item: Consideration of purchasing of the Double Rainbow sculpture. Recommendation /Motion: Based on the Art Advisory Committee Recommendation, Staff recommends purchasing of Double Rainbow sculpture. Reviewed by: Originating Dept.: Costs: $ 120,000 Council Action: City Attorney Planning Division Total [ ] Approved ACM t ��/1% $ [ ] Approved w/ conditions Current FY Other [ ] Denied Funding Source: Art in [ ] Continued to: Advertised: Public Places Fund Date:" [ ] Operating Attachments: Paper: [ x ] Other Su by: [ ] Not Required er �wth t. D' Affected parties Budget Acct. #: 17 -1400- [ ] Notified 515.6350 [ ] None Approved by: City Manager [ ] Not required BACKGROUND: Double Rainbow sculpture was created by internationally known sculptor Lila Katzen, whose work is in the permanent collection of museums across the country, including the National Gallery of Art, and the National Museum of American Art in Washington D.C. The 19 -foot tall, steel sculpture was exhibited at World Expo 88 in Australia and was delivered to the City Hall on April 26, 1989. The sculpture has been on loan since 1989 and was originally located at the front of the City Hall. In 1998, the sculpture was relocated to the Burns road Community Center due to the onset of construction of the new Municipal Complex. At its June 21, 1999 meeting, the Art Advisory Committee unanimously recommended purchasing the Double Rainbow sculpture. After reviewing the proposal from the artist's representative for a price of $150,000 to be paid over five years (see attached), the Committee recommended a counter offer for a lower amount of $120,000 to be paid over 3 years, with payments of $40,000 a year. Please be advised that the Artist's representative has been informed regarding the Committee's offer and has accepted the counter offer. It should also be noted that the purchase of the Double Rainbow sculpture would be financed through the Art in Public Places fund. Currently, the amount accrued in the art fund is $440,295. The budgeted amount for miscellaneous art to be purchased by the Art Advisory Committee for year 1999 -2000 was originally proposed to be $30,000 (see attached). With the Committee's recommendation of $40,000 a year, $10,000 would be transferred from the proposed art budget for the new municipal complex to cover the first payment for the Double Rainbow Sculpture. The artist, Lila Katzen passed away in September of 1998 (see attached). Philip Katzen 345 West Broadway New York, NY 10013 (212) 431 -9439 May 12, 1999 Ms. Bobbic Hcrakovich, City Manager Paim Beach Gardens lOSOO Nlitwy'Nail. Palm Beach Gardens, Florida 33410 Dear Ms. Herakovich; This is to conf nrn the offer we propose for the consideration of your city to purchase the Lila Katzen Sculpture "Double Rainbow which is on loan to your city. Lila Katxon recently passed away and her sculptures are in high demand. This particular work has received worldwide publicity and critical acclaim. It was Ms. Katzen's fervent hope that "Double Rainbow" one of her monumental works remain in Palm Beach Gardens, The work is appraised at $300,000, based on her sculptures of equal magnitude. . In accordance with her wish to have the sculpture remain in your city, we offer you a very special price of $150,000, to be paid at $30,000 a year for five years. We await your pleasure in this matter. Sincerely, 0-�-& I( ["Iw� PHILIP KATZE1 From: David Porter To: Sahareh Keshavarn Date: 5/27199 Time: 2:26:20 PM Page 1 of 1 CITY OF PALM BEACH GARDENS ART ADVISORY COMMITTEE (AAC) May 1999 Proposed FY 2000 expenditures from the accumulated funds Li the account known as the "Art Fund." EXPENDITURES: Our total expenditures from the Art Fund are summarized as follows: • The approximate amount of money presently in the Art Fund $440,000 • Cost for Outdoor Art at City Hall, including competition costs & installation ($300,000) • Cost for first - year's Art Fund contribution to Indoor Art at City Hall ($25,000) • Cost for other miscellaneous art to be purchased by the AAC for other areas of ($30,000) the City • Total proposed expenses by AAC for FY 2000 ($355;000) • Balance Remaining In The Art Fund at end of FY 2000 $85,000 Please note that no proposed expenditures are intended to come from taxpayer dollars or supported programs. 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YT f:fi4 __.F 3 '7 f 'S,r!!, a, • .� i JOr�-,'�bi� ,.� ';� • �- � "cS?'� 'BEd �� _y �i •.��"`+rt,�_r - `""'�.� .tr'a-S r Y4iJ i. t y If y� N11 c�•� �'.�li ''ss 5i: � '- ,♦•ae�V ��a � p� d f f = �•-�• a{. � 4.-v5 t.�i� ._ .'� • ye.f � w � :. ,. .. , '.„w. � .. . g- i- i 5 - 3`#�. §y.�7,� V.Ai 7V RM; 4? tl ♦ �I `i jM' *'1' 1 �T'#� S d R•43'i ��r, �. f:4 j f ��yk r Tr\",�/ ' '•ifs, , 6 ate � .> i~��� • • 0 1 I A`f A(#% l! Ir m r 7.•. i► rr� �x. 14"A IX -4 t v � d[ tv _' R - PL - -1t.54 � CX� M E M O R A N D U M WATfERSON, HYLAND & �-,KLEiT, P.A. 4 To: Bobbie Herakovich, City Manager From: Carole W. Post, City Attorney Subject: U.S.A. v. City of Palm Beach Gardens; Order of Dismissal , Date: July 23, 1999 I am extremely pleased to attach a copy of the Final Order to Dismiss entered by U.S. District Judge Daniel T.K. Hurley in the matter of U.S.A. v. City of Palm Beach Gardens. The Order was entered, without hearing, after a Joint Motion to Dismiss was filed by the City in cooperation with the Department of Justice. This is a most successful conclusion to this matter. It reflects the significant achievements of the Police Department to establish and maintain recruitment and hiring policies which meet, and generally exceed, the nation's standards for equal opportunity employment. This result could not have been achieved without the efforts of a great many people. In particular, Mary Smith of Human Resources. Ms. Smith was an invaluable resource to the City and DOJ throughout the course of the consent decree. Among other things, she established and maintained an impeccable monitoring system enabling the City to promptly and accurately respond to DOJ. It is important to note that the Department of Justice, which brought the original claim against the City nearly four years ago, joined in each of the final motions filed with the Court. This demonstrates that DOJ recognizes that the City accomplished the goals and objectives of the consent decree. This is a tremendous success for the City and we are pleased to have contributed to its outcome. cc: Hon. Mayor Joseph Russo and City Council Chief James FitzGerald Mary Smith, Compliance Officer P:\ CP \HISTORY\2327\76.DOC(319.071) IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION Case No. 93- 8654 -CIV- HURLEY MAGISTRATE JUDGE LYNCH UNITED STATES OF AMERICA, Plaintiff, VS. CITY OF PALM BEACH GARDENS, Defendant. ORDER ON JOINT MOTION TO DISMISS CONSENT, DECREE THIS CAUSE, having come before this Court on the Joint Motion to Dismiss Consent Decree and the Court having reviewed the motion and record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the motion be and the same is hereby GRANTED .and the case is dismissed. DONE AND ORDERED, this day of 1999. -- - aniel T. K. H ey -: U.S. District Judge Copies to: Michael F. McAuliffe, Esq. Larry Ward, Esq. Carole Wallace, Esq. WIT] #153282 vl P-:L 1 61