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Home My WebLink AboutAgenda Council Agenda 041599All those wishing to address the City Council need to complete the necessary form (supply located in bac� of Council Chambers) and submit same to the City Clerk prior to the meeiing being called to order. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING APRIL 15,1999 7:00 P.M. I. PLEDGE OF ALLEGIANCE � �� II. ROLL CALL: Mayor Joseph R. R�us�s ice Mayor Lauren ,urtado, Councilman Eric Jablin Councilman David �'lark and Councilman Sabatello. III. ANNOUNCEMENTS: IV. CITY MANAGER REPORT: 1. Discussion of Issues and Priorities V. PRESENTATIONS: 1. Presentation to George Richetelli for service on the City's Code Enforcement Board. 2. Presentation of Employee Years of Service Awards 3. Presentation of Quarterly Employee Teamwork Awards VI. AWARDING OF BIDS: 1. Awarding of Striping Contract for Roads ��, % ��1� �. -� VII. ITEMS BY MAYOR AND COUNCIL: VIII. CONIlVI�NTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) . � IX. CONSENT AGENDA: �� 1 �� _ � _ - - 1. Consideration of Approva of utes of 3/25/99 Workshop 2. Consideration of Approval of Minutes of 3/29/99 Special Meeting 3. Resolution 56, 1999 - Consideration of Approval a Western Northlake Boulevard Study Interlocal Agreement between the City, Palm Beach County and the City of West Palm Beach. 4. Resolution 57, 1999 - Consideration of Approval of Contractor's Certification Interlocal Agreement. X. PUBLIC HEARINGS: C�� ce 18 19��roviding for Suspension of Acceptance of Applications for , � Development Permits for a Specific Period. (Public Hearing, adv. ''rP'I�'�� 3/22/99 and 4/2/99; Consideration of Second Reading and Adoption) - �t' � XI. RESOLUTIONS: 1. Resolution 58, 1999 - Consideratio�rova,l of an ppointment to the Beau ' cation and Environmental Committee. v 1��%9�� —C� 2. Resolution 59, 1999 - Consideration of App�oval of Forebeazance Agreement re: Development. � �. XII. ORDINANCES: (For Consideration of First Reading) 1. Ordinance 17, 1 99 - a�� e� storic Overlay Protection Zone l d Xlii ITEMS FOR COUNCIL ACTION: 1. Waiver for Mixed-Use - Residential Components (N.E. Quadrant, Parcel 12.04-Located at MacArthur Boulevard and Northlake Boulevard) 2. Waiver for Mixed Use - Residential Components (N.W. Quadrant, Parcel 12.05 - Located at MacArthur Boulevard and Northlake Boulevard) XIV. ITEMS FOR DISCUSSION: Utility Conflicts with Landscaping XV. CITY ATTORNEY REPORT: 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. 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date preparedAprii 5, 1999 : Meeting date April 8, 1999 Annual restri�ing of resurfaced roads � Subject/Agenda item Recommend picJqybacking off of County Contract with Coast'.Line Marking Recommendation/Motion: � Reviewed by: Originating Dept: Costs: $ 4� . 770 . 00 Council Action: Public Works Total City Attorney [ ] Approved Finance ��t A $1 3 0� � � 0. [] Approved Wi ��itians Current �Y ACM � [ ] Denied 1 � ( Human Res. Advertised: Funding Source: [] Continued to: Other Date: [ ] Operating Attachments: Paper: � ] Other �� ±�X �Memo, County Submitted by: p-„�� Not Required Contract Bob Patty ��' Department Director Affected parties Budget Acc�#:: Approved by: [] Notified 16 - 3 0 0 0- 5 3 9. 5 2 6 �� No�e � City Manager [ ] Not required - � BACKCROUND: 0 TO: GITY OF PALM BEACI�-i GARDENS 3704 BURNS ROAD • PALM BEACH GARDENS, FLORIDA 33410-4698 PHONE (561) 775-8274 • FAX (561) 775-8279 MEMORANDUM Richard Diamond, Assistant City Manager FROM: Bob Patty, Director of Public Works �� DATE: Apri151999 RE: Annual striping of resurfaced roads Attached is a list of roads that have been resurfaced from last year's and this year's budget. If the resurfaced roads had existing striping, they must be re-striped as soon as possible. The City currently replaces all stop bars and cross walks in the resurfaced areas. In addition, the department also marks intersections 40 LF to 50 LF each way to depict two-way traffic on the residential streets. The Department has secured a number of striping contractor's prices to do this work and has found the County contractor to be considerably less than the other estimates. I have also attached a copy of the current Palm Beach County Annual Pavement Marking Contract No. 99055 awarded to Coast Line Marking. This contractor has agreed to honor the County prices and complete the City's work on roadways for the 98/99 budget year. The total estimated cost to complete the annual re-striping by unit (costs attached) is $40,770.00 Public Works is recommending that Council consider a motion to piggyback off of the County Contract No. 99055 and hire Coast Line Marking to complete this year's striping work. Funds have been budgeted in the Gas Tax Fund (16-3000-539.5265) for these improvements. As always, I will make myself available at the next Council meeting to answer any questions you may have. cc: file attachments NAME FROM MAP # 1 1 Golfers Circle and Drive E & W lilac Street 2 Spn�ce Lane and Seagrape Way � Holly Drive MAP # 2 3 Hickory Drive 4 Larch Street 5 Larch Court 6 Locust Street 7 Magnolia Drive 8 Oak Street MAP#3 9 Ash Street 10 Banyan Street 11 Bayberry Street 12 Beech Street 13 Birch Street 14 Buttemut Street 15 Catalpha Avenue 16 CedarAvenue 17 Chestnut Avenue 18 Cottonwood Avenue 19 Elm Avenue 20 Ficus Street 21 Fir Street 22 Hackberry Street 23 Hazel Avenue 24 Hemlock Street 25 Hawthom Avenue 26 Linden Avenue MAP # 4 27 Pine Hilf Trail 28 Quail Ridge South 29 Quail Ridge North 30 Shady Lake Circle 31 Wllow Run 32 Whispering Hollow Locus Street Hickory Diive Larch Street Hickory Drive Larch Street Locus Street Suttemut Street Hazel Avenue Elm Avenue Birch Street Beech Avenue Bayberry Street Birch Strest Birch Street CederAvenue Birch Street Birch Street Hazel Avenue Hazel Avenue Hazel Avenue Banyan Street Banyan Street Banyan Street Ash Street TO IENGTH WIDTH SQ YDS Lilic Street 2996 24 Holly Drive 2230 24 TOTAL SQ YDS MAP # 1 PGA Blvd 3460 24 Military Trail 1651 24 Cul-de-Sac 347 24 Cui-de-Sac 634 24 Hickory Drive 1355 24 Larch Street 843 24 TOTAL SQ YDS MAP.# 2 Linden Avenue - River Linden Avenue Cottonwood Avenue Linden Avenue Linden Avenue Linden Avenue Chestnut Avenue Birch Street Beech Street Military Trail Hawthone Avenue Hackberry Street Fir Street Military Trail Linden Avenue Fiscus Street Catalpha Avenue TOTAL SQ YDS MAP 3 Shady Lakes Circle Cul-de-Sac Shady Lakes Circle Cul-de-Sac Shady Lakes Circle Cul-de-Sac Shady Lakes Drive Shady Lakes Drive Pine Hill Trail Cul-de-Sac Shady Lakes Drive Cul-de-Sac TOTAL SQ YDS MAP 4 970 24 2049 24 948 24 854 24 1571 24 925 24 834 24 673 24 673 24 896 24 1680 24 957 24 756 24 620 24 1355 24 1650 24 836 24 1894 24 748 24 540 24 575 24 1945 24 326 24 528 24 7989 7847 15,835 9226 4402 1333 2563 6834 2194 Z6,552 2587 5464 2528 2277 4189 2467 2224 1795 1795 1501 6196 3537 2043 1653 3613 4400 2229 5051 55,549 1994 1440 1533 5186 869 1409 14,923' i _ �� n E �. i�` �'t � . / MAP 5 33 Raintree Lane Raintree Drive Cui-de-Sac 1140 24 34 �ainVee Drive Bums Road Cul-de-Sac 1550 24 35 Raintree Court Raintree Drive Raintree Lane 495 24 36 Prosperity.0aks Court Prosperity Farms Ro: Cul-de-Sac 515 24 , � TOTAL S(� YDS MAP 5 MI!.P F 37 Eagfe Lake Drive Golden Eagle CirciE Cul-de-Sac 1877 24 38 Golden Eagle Circle Hood Road Hood Road 3469 24 TOTAL SQ YDS MAP 6 . MAPS 7,8,9,10,AND 11 39 Applecrest Drive Crestdale Street Arbor Way 1994 24 40 Balsam Street Lighthouse Drive Holly Drive 1338 24 41 Daisy Avenue Holly Drive Dahlia Avenue 925 24 42 Daphne Avenue Holly Drive Dogwood Avenue i 200 24 43 Meridian Way, South Garden East Drive Meridian Way, and North Meridian Way Ga�dens East Drive 4550 24 44 Sandtree Drive Driveway at Home de End 1760 24 TOTAL SQ YDS MAP 7,8,9,90,11 GRAND TOTAL SQUARD YARDS C�ST: 171,115 SQ YDS x$1.24 =$212182.26 _ 30 TONS LEVELING $ 120 TON =$3,600 GRAND TOTAL $ 215.782.26 " TOiAL INCLUDE CUL-DE SACs NGT IN LENTHS 3040 4149 1320 1549 10,058 5005 9250 17,334" 5317 2973 2466 3281 12133 4693 30.863 171,115 � . ..;,.__ ......:.: . x - -......,..,._...,.. , � ,. , �_.. ' ...�J�.-.i.,:..fi..:... . . .. � . 0 �� w n-r �� — �� w ry�� ► t� 'y�j'r=�y i wi �w ir�v-a u�iiiiv�� iiiiV■ L • 708 Commerce Way Jup�ter, �(orida 33458 Broward: (305) 581-&228 _ {800) 432-3404 BIO PROPOSAL COUNTY: �A(.M BEACH J08 LOCATION: CITY QF DALM BEACH GARDENS PLAN DATES: � ITEi4�i # DESCRIPTI�N UNIT ,' 1;,,. , r�"white 7hermo I Lf - 2 I 6" Yeilow ihern�o I Lf 3 its° DAYS: DATE: ENGINEER:� EST BID Q'TY PRICE � _i7.,000 + � 0.60 � i � I - 6,000 { $ 1.20 � ,I • TOTAL 10200 . 7200 N/A 4 , 18" White Thermo ( Lf ( l ., 1 NjA � ,� � S + 24" Whi te Thermo I LF I 800 ,$ 2• 5Q: ' 2000 6 _� IZ" White Ihermo, , LF I 192 � I$ 1.30_ � 250 I 7 � Turn Arrow , j EA (.. I .- ; N/A 8 I Straight Arrow � EA I ' _., ` N�A 9 , I Bike (diamond� EA ( 55 1$ 20.00 �,1100 1�„ � RP}�I;s � EA 900 ($ 2.80 1 2520 �_ _ 11 � Misc Removal � 1200 �$ 0.50 ( 600 12 �6" Skip white, LF , 10,0001 � 0.60 �¢000 __ 13 � j�isc. Messa�e EA , 7�� $ 34.001 850 „ 14 Misc. Paint 1Stripin� � 5000� 15 Misc. Thermo ( � ( �SOOU 'Iliose p�ices are based oa compietiag thc stti�+ic� items rs one ot the IInal iteau on the job. 4 �7 2 � [t waa bid on the basta of mvvittg {n at oac time and oomplcdag nl! iteuu. � �' Prices shaU remain valid [or farey—Gve (43) da}s anly and coatingent oa award of all items bid upvn. In ardcr to complese tha siriping, Coast Line blariclag, I�c. cin71 tcyuire vmrk days. � AddIiionally, two (2) wooics prior notlw edil be aeedcd beforc moving onto thc joh. If a wntract to periorm t�e abwe iteau u grnnted to Coast Line Marking, Iae, then ihis bid d�cumeAt sfisiI bo incocporated intv the watract. Dnlatba ot nny of the qaotcd iUems may effect ihe rcmalning nait prIca. . _ %e'.�':��Y:.� ��,�,,: `T��. �v�w:-,��. °:YK'` � �tiACx C � �°2 � a ;� . . � OR19� Lepartment of Engineering and Pubiic Works P.O. Box 21229 Wesi Palm Beach. FL 33416-1229 (561) 684-4000 www.co. palm-beach.fl.us ■ Palm Seach County Board of County Co�nmissioners Maude Ford Lee, Chair Warren H. Newell. Vice Chairman Karen T. Marcus Carol A. Roberts Mary McCazry 8urc Aaronson Tony Masilotti County Administrator Robert Weisman � An Equat OpporMniry Affirmative Action Emp(oyer" � printed on recyded pape� March 18, 1999 Attn: Dick Holiday Public Works Department City of Paim Beach Gardens 3704 Burns Roaci Palm Beach Ga�dens, FL 33410 SUBJECT: ANNUAL PAVEMENT MARKING CONTRACT Dear Mr. Haliday: The "Annuai Pavement Ma�king" contrac� was issued on February 2, 1999, and accepted by Coastline Marlcing, Inc. as our primary contractor. Highway Valets, Inc. was the second responsive bidder. Highway Valets, Inc. may be issued jobs when Coastline Marking, tnc. is to busy to provide service in time to meet the needs of the client agency. Their contract number is 99055. Their unit prices are enclosed and thei� phone numbers and addresses are listed below. Primary: Coastline Marking, Inc. 2711 S.W. 36th Street 954-581-6278 Ft. Lauderdale, FL 33012 Contact person - Frank Me(ehan Secondary: Highway Valets Inc. 600 Hickman Circle Sanford, FL 32771 407-321-10'10 Contact person - Don Montgomery This contract was awarded for eighteen months with an option to renew. ff you have any questions regarding this contract, or need a copy of the entire cont�act, please contact either Mr. Charlie Rich at 684-4070 or Mr. Owen Miley at 684-4030. Sincerely, O��ICE OF THE COUNTY ENGINEER �� an V�Jeisberg, P.E. Assistant. Director - Traffic Division DW:C'�meo At�achments: Pavement Marking - Unit Price List (3 pages) � pc: Charles Rich, P.E., Director - Engineering Services . File: General- Payement Marking (Generaf) � OJM�holiday.pav i 'AVEMENT MARKING CONTRACT 3ER 27, 1998 ITEM IC PAVEMENT MARKING COMPOUND �HS AS INDICATED (FiJRNISH 3 INSTALL) 'HS AS IIdDICATED, (INSTALL ONLY) ,:__- .c-.- : Q� � ' y � J ; AS INDICATED; WHITE ONLY (FURNISH 8 INSTALL) NS; COMBINATION �IAMOND, ARR01M1� ;AS INDICATED;VYHITE ONLY;(INSTALL ONLY) VS;COMBiNATiON QIIANTITY/UNITS 5,000 LF 5,000 LF 1,900,000 LF 1,250,000 LF 100,000 LF 100,000 LF 20,000 LF 15,000 LF 15,500 LF 500 LF 500 LF 1,500 LF 1,000 LF 500 LF 500 LF 500 LF 500 LF 500 LF 4,000 EA soo �a 500 EA zoo �► �oo � 500 EA 500 EA z,000 � 500 EA 500 EA , .......» ..... Z� EA 10 EA 10 EA 10 EA 10 EA 10 EA 10 EA Coastline Marking, inc. UNIT PRlCE S0.21 50.21 50.34 50.34 S0.60 S1.20 51.30 S1.30 52.50 50.14 30.14 E0.15 50.15 30.32 30.62 30.74 ao.�a a�.a� 532.00 a�s.00 524.00 aao.00 aso.00 570.00 E60.00 s�o.00 520.00 545.00 �N�M�� 523.00 518.00 534.00 550.00 368.00 b68.00 S44.00 � Highway Valets, inc_ TOTAL S1,050.00 51,050.�0 S646,000.00 5425,000.00 560,000.00 5120,000.00 : : 526,000.00 319,500.00 338,950.00 570.00 S70.00 3225.00 3150.00 a�so.00 3310.00 3370.00 3370.00 asss.00 ............. St 28,000.00 a�,soo.00 312,000.00 aa,000.00 ss,000.00 335,000.00 330,000.00 a2o,000.00 510,000.00 522,500.00 3460.00 5180.00 5340.00 5500.00 5680.00 S880.00 5440.00 UNIT PRICE 50.30 S0.30 50.37 S0.35 S0:50 a�.�o S1.35 51.50 32.45 30.12 ao.�z 50.15 50.15 so.2o 50.50 S1.00 a�.00 51.25 .......:» 538.00 ass.00 545.00 St5.00 535.00 $30.00 aso.ao s2o.00 510.00 S5.00 ��N�� 315.00 315.00 b20.00 515.00 S 15.00 S15.00 540.00 TOTAL ....»........ 51,500.00 S1,500.00 5703,000.00 5437,500.00 S5a,000.00 s»o,000.00 527,000.00 b22,500.00 S37,975.00 ' 560.00 560.00 5225.00 5150.00 a�oo.00 5250.00 S500.00 asoo.00 5625.00 .».»....». 3152,000.00 s»,sao.00 522,500.00 S3,000.00 S3,500.00 515,000.00 a3o,000.00 540,000.00 55,000.00 E2,500.00 ��M�1�� 5300.00 5150.00 azoo.00 5150.00 3150.00 5150.00 5400.00 Best Striping, Inc. UN?� PR10E 50.40 50.40 50.60 31:15 a�.�z 31.72 52.15 30.14 ao.�a 30.15 ao., s ao.s2 S0.62 50.74 ao.�a 51.33 542.00 a�s:oo a2o.00 375.00 5100.00 570.00 ssa.oa a�.00 aso.00 b10.00 ��N�HI 540.00 510.0� 515.0 550.00 TOTAL 51,950.00 51,950.00 5 i 60, 000.00 5500,000.00 �560,000.00 15, �00.00 a s�o.00 S225.00 5150.00 s�so.00 5310.0� s� oo.00 51 ,000.00 a .000.00 �10,000.00 $Z.000.00 525,000.00 55,000.00 NN�N��N�� b800.00 5100.00 3150.00 S500.00 5600.00 S600.00 S500.00 J AVERA UNIT PF ,L PAVEMENT MARKlNG CONTRACT �5 �OHER T7� 1998 ITEM Coastline Marlcing, Inc. � 4UAN71TY/UNITS UNIT PR{CE .ECTIVE PAVEMENT MARKEI2S APPLIED WITH THERMOPLASTIC; i AS INDiCA7ED; (FURNISH AND INSTALL) �TIONAL 5,000 EA )IRECTIONAL 500 EA IONAL 45,000 EA tECT10NAL 85,000 EA �OLORS AND 7YPES AS iNDlCATED (INSTALL ONLY) ""•""" ""' �TIONAL 225 EA 11RECTIONAL 225 EA IONAL 225 EA tECTiONAL 225 EA .ECTIVE PAVEMENT MARKERS (APPUED WITH EPDXY) (COLORS """"' "'•• �ATED) (FURNISH AND INSTALL) �TIONAL 2�� EA ►IRECTIONAL 225 EA �NAL 1,500 EA tECiIONAL ZS EA ID TYPES AS INDICATED (INSTALL ONLY) """"' •"" ;710NAL 225 EA �IRECT(ONAL 225 EA 'ONAL 225 EA tECT10NAL 225 EA VT»....... ..... �ES) AND WIDTHS AS INDICATED; (FURNISH 81NSTALL) """^' ""' �ES: WHITE; (FURNISH AND INSTALL) ,RROW :HOOL, MERGE; AND STRAIGHT ARR0IM1Q IARKING REMOVAL PLASTlC 500 LF 500 LF 10,000 LF 1,000 lF 5,000 LF �,000 � 1,000 LF _ 500 LF 500 LF 50 EA ioo � 500 EA ».«.... ..... i,000 SF 20,000 SF 10,000 SF 52.80 52.50 52.80 52.90 S0.75 50.75 S0.75 So.75 S2.80 E2.8U 53.00 53.50 ........ S1 •UO 30.80 50.80 50.80 «...... �O� � O 50.10 ao., s 50.15 ao.os ao.ao � 30.65 30.65 a�.00 510.00 a�o.00 58.00 S0.50 S0.80 50.90 TOTAL 514,000.00 S1,250.00 5126,000.00 5246,500.00 ...........„ 3168.75 5168.75 b168.75 $168.75 3560.00 3630.00 54,500.00 S87.50 ......»..... 5225.00 5180.00 5180.00 5180.00 ............. ............. aso.00 550.00 S 1,500.00 5150.00 5450.00 aaoo.00 5650.00 $325.00 asoo.00 N��1�N�N 5500.00 31,000.00 54,000.00 .»....,..... 5500.00 516,000.00 59,000.00 Highway Valets, Inc. UNIT PR10E 52.85 33.10 52.85 a2.so .......... 30.85 ao.as 50.85 30.85 53.00 53.25 53.25 53.50 50.95 50.95 50.95 50.95 M�N�wH ��M 30.06 50.08 30.10 ao.�s 30.12 50.75 30.45 E0.75 a�.00 N�NMN� as.00 b5.00 55.00 .,..,...... 30.70 51.15 51.25 TOTAL S14,250.00 51,550.00 S 128,250.00 szas,soo.00 a�s�.zs 5191.25 5191.25 5191.25 ssoo.00 E731.25 54,875.00 387.50 1�M��Mw 3213.75 5213.75 5213.75 5213.75 �M�wM�w�� Nwwh��►�� 530.00 340.00 51,000.00 5150.00 3600.00 5750.00 5450.00 S375.00 5500.00 5250.00 5500.00 32,500.00 .».......... 5700.00 323,000.00 512,500.00 Best Striping, Inc. UNIT PRICE ........ 32.80 52.50 S3.38 32.5Q az�o 52.10 52.10 S2.t0 S3.00 51.00 53.00 53.00 5210 3210 a2.,o 52.10 M�M�N �HNM� 50.15 ao.�s S025 ao.2s ao.2s 51.25 a�.00 51.25 St.50 �YM�M� 535.00 520.00 $40.00 MMM�1 S0.5Q 50.90 31.25 T07AL 514,000.00 S 1,250.00 5152,100.00 52t2,500.00 ............. 5472.50 5472.50 5472.50 5472.50 ....».».... S600.00 5225.00 54,500A0 575.00 Sd72.50 5472.50 3an.�o 547250 575.00 s�s.00 52.500.00 szso.00 a�.2so.00 51.250.00 a�,000.ao 5625.00 5750.00 �� b1.750.00 52.000.00 azo,�o.00 �NMMM�� 5500.00 578,000.00 S12.500.Od AVEI UNIT CITY OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP MEETING MARCH 25, 1999 The March 25, 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 Administrative Assistant to the City Manager called the roll and the following elected officials were found to be in attendance: Vice Mayor Lauren Furtado, Councilman Eric Jablin, Councilman David Clark, and Councilman Carl Sabatello. Mayor Joseph R. Russo arrived at 7:38 p.m. PRESENTATIONS Stormwater Utility Program The presentation was made by City Engineer Len Lindahl and Duncan Rose, who had instituted several stormwater utility programs within the State. Mr. Lindahl explained that a stortnwater utility was being considered for improved flood control, replacement and renewal of infrastructure, water quality issues, and enhanced operation and maintenance. Mr. Rose presented nine steps for a funding solution: to define stormwater management program, define governing structure, establish financial strategy, establish rate structure, gather data, set up billing system, develop legal documents, execute a public information program, and adopt rates. Mr. Rose explained that out of approximately 360 stormwater utilities in the United States, 95 were in Florida, and that stormwater utilities were first implemented in the early 1970's, were serving populations from 4,000 to over 1,000,000, and that significant momentum had been provided by the EPA NPDES. Mr. Rose reviewed services the stormwater utility would sell, the private vs. public burden, decisions to be made regarding levels of service and how those decisions would affect cost. After the stormwater utility program was defined, a financial structure could be established. Decisions would be needed regarding items the City wished to fund from new stormwater utility funds and those which would continue to be funded by the General Fund. Funding would be from a user charge basis rather than from taxes, placing the burden on those causing the problems, and providing economic incentive to correct problems. Fundamental rate design questions CITY COUNCIL WORKSHOP MEETiNG, 3/25/99 2 of who would be billed, for what services, and on what basis must be answered. Mr. Rose explained the fundamental characteristics of utilities and the user cost concept which provided three ways to raise money: (1) taxes, under which there was no legal requirement to provide specific services, (2) user fees, under which there was a legal requirement to provide services for funds collected, and (3) assessments, which carried a legal requirement to provide special services for funds collected. Collection options reviewed were to place charges on the annual tax bill, on the water utility bill, or billed separately by the City as an assessment. A property owner would pay for a stream of benefits resulting from the burden of the property on the community from the runoff generated by that particular property. Mr. Rose described the rubber ducky test as a property hydrologically connected to the City's stormwater system which could be charged or assessed. Mr. Lindahl reported that in establishing their stormwater utility, the City of West Palm Beach had been criticized because they had not excluded areas under the jurisdiction of Northern Palm Beach County Improvement District; and reviewed a matrix and map of Palm Beach Gardens showing City, Northern Palm Beach County Improvement District, and HOA/POA secondary systems; and City and Northern Palm Beach County Improvement District primary systems, and explained how these systenns flowed from and into each other. Major basins and outfalls were pointed out. A conservative billing practice was said to be billing only those parcels hydrologically related to a capital prqject. Standard billing units (Equivalent Stormwater Units) would be based on the number of "standard" households. Runoff would be determined by impervious area, soil group, vegetative cover, antecedent moisture conditions, connectivity, and topography. A median impervious area would be established for a standard single family lot which would become a base billing value of one ESU. Typical rate classes discussed were general, residential or non- residential condominiums, single family residential, duplex, mobile homes, non-billable, and exempt. Tiers of residential properties could be small to very large based on the number of square footage of impervious area. Credits could be given for retention on specific properties. Concern was expressed that accountability to open the flood gates was not a factor being considered. Discussion ensued regarding CITY COUNCIL WORKSHOP MEETING, 3/25%99 � work done after the 1995 and January 2, 1999 floods and needed improvements in other areas of the City. Mr. Lindahl explained that South Florida Water Management District must be held accountable within their own organization and regulations, which was not the subject under discussion. Mr. Lindahl explained that the user fee would be assessed based on a standard equivalent residential unit for impervious areas. Discussion ensued regarding possible credits. The goal was not to have any property owner assessed twice if they were in an area where another entity had control. Mr. Lindahl explained that the answer to flooding in certain sections was lakes and ponds to retain the water, and the program must withstand scrutiny regarding fairness. Mr. Rose discussed obstacles which could be encountered in establishing a stormwater utility, and overcoming those obstacles. Public education and information would be critical. Questions from the City Council members were answered, including fixing small areas. which need drainage improvements, and initial funding sources. Vice Mayar Furtado expressed concern that the City could have the best system in the world, but if other agencies did not perform by opening the gates, it would not work. Mr. Lindahl explained that a recurrent source of funding was needed to replace and renew infrastructure. A third flood gate was discussed. A time period of six to eight months to complete a study regarding the stormwater utility was estimated, with funding to be recovered when the rate structure was established. Informing property owners was discussed. Direction from the City Council was that the City Engineer proceed with a study to determine cost. CITY COUNCIL WORKSHOP MEETING, 3/25l99 4 ADJOURNMENT There being no further business to discuss, upon motion by _ Councilman Clark, seconded by Councilman Jablin, the meeting was adjourned at 9:18 p.m. �»:Z�]��i MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO CHAIRMAN PRO TEM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: CINDY HARVEY, ADMINISTRATIVE ASSISTANT TO THE CITY MANAGER CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL MEETING MARCH 29, 1999 The March 29,1999, special 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 Administrative Assistant City to the City Manager 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. CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda. The motion was seconded by Vice Mayor Furtado. During discussion of the motion, Councilman Jablin reported a comment that some residents were concerned that a deceleration turn lane going into Devonshire might be needed in the future. Motion canied by unanimous 5-0 vote. The following items were listed on the Consent Agenda: Resolution 28, 1999 - Consideration of Approval of an Amendment to the Devonshire Life Care Facility Site Plan. PUBLIC HEARINGS: Ordinance 18, 1999 Mayor Russo declared the Public Hearing open, duly advertised 3/22/99 and held on the intent of Ordinance 18,1999 - Providing for Declaration of a Maratorium on Development within the City, for consideration of First Reading. Attorney Nancy Stroud reviewed changes which had been made to Ordinance 18, 1999 since the last meeting. Changes had been made in section 3(A), pazagraph C, and paragraph F. A request was made to add the word "lot" to the change in section 3(A). Crrowth Management Director Roxanne Manning provided a summary of why staff believed a moratorium was justified. Traffic concerns were discussed, including possibly widening PGA Boulevard west of the turnpike to six lanes. Mayor Russo requested the City Attorney provide direction at the next meeting as to whether this issue should be considered in regard to imposing a moratorium, and what other issues were relevant. Palm _ _ CITY COUNCIL SPECIAL MEETING, 3/29/99 �� Beach County Commissioner Karen Marcus reported all proposed projects would be studied for traffic impacts during the initial time frame, and that if it were determined that PGA Boulevard west of the turnpike would work with four lanes and that was what the City desired, then a request could be made to the County to show it on their thoroughfare plan at four lanes as opposed to six lanes. Commissioner Mazcus answered additional questions. Bill Perry Bill Perry, representing the purchaser of the apartment site adjacent to the MacArthur Center, encouraged the City Council to avoid instituting a moratorium, since as a resident he did not believe it was in the best interests of the City. Mr. Perry requested if a moratorium were established, that developments be allowed to proceed which had been included in traffic counts for years, even with minor variations--so long as those variations did not change the basic character of the development. Mr. Perry proposed language to clarify this issue for staff, which he had submitted to the City Attorney for consideration. Jerry Smoyer Terry Smoyer commented WCI had taken the comments made at the last meeting very seriously and were in the process of working through an agreement which they believed would address the issues laid out by staff. Mr. Smoyer commented they were looking forward to a partnership and addressing those issues in an affirmative, substantial and clear way. Dave Talley Dave Ta11ey, President of the 1100-member Northern Palm Beaches Chamber of Commerce, stated he was present to voice the members' displeasure regarding the proposed building moratorium. Mr. Talley stated in his opinion a moratorium would send the wrong message--anti-growth rather than managed growth. Mr. Talley stated that a building moratorium would have tremendous economic impact, and would prevent developers from turning land into a profit quickly in order to pay off lenders; and that just talking about a moratorium was putting developers in a position of rushing forward- -the very thing the moratorium was meant to avoid. Mr. Talley stated six months was an eternity in the building business, and asked that developers not be penalized because the City lacked sufficient staff in the Planning Department. Mr. Talley requested an extra 45 days to allow companies to present their own proposal on how to handle expanded growth without a moratorium. Mr. Talley stated that the Northern Palm Beaches Chamber of Commerce, on behalf of its development and contractor members, including Catalfumo, CITY COLJNCIL SPECIAL MEETING, 3/29/99 3 The Benjamin School, WCI, DiVosta, and Gardens Mall, was opposed to a building moratorium. Mayor Russo stated that the policy of the City was that they needed proof of a vote on this issue; to which Mr. Ta11ey responded a vote would be taken at their Board meeting the first week in April. Linda Mundt Linda Mundt, resident of Garden Woods, expressed support for the City Council, stated she had been unable to obtain traffic statistics, and asked the City Council ta stand fast and to do the job for which they had been elected, Linda Hughey Resident Linda Hughey spoke in support of the moratorium, which would allow time for the City to position themselves to deal with growth, and expressed her opinion that the developers should work with the City. Growth Management Director Roxanne Manning stated that staff recommended the City Council approve Ordinance 18, 1999. Hearing no further comments from the public, Mayor Russo declared the Public Hearing closed. Mayor Russo made comments regarding developers' efforts to come up with an agreement to address the problems without instituting a moratorium; stated that at the last meeting the City Council had stated what they wanted; and that he would vote in favor of the Ordinance until an agreement had been worked out answering those desires. Mayor Russo stated he welcomed such an agreement and that such a proposed agreement was needed at least a week before the City Council meeting for consideration of second reading and approval of Ordinance 18, 1999, to provide an opportunity for all Council members and staff to review the proposed agreement. Mayor Russo stated everyone had worked through staff during the past ten days, which was how he wished to continue. Mayor Russo commented many business people and developers had commented the City Council was doing the right thing, and that he would vote for the moratorium tonight and also at the next meeting unless an agreement protecting the City had been accepted. Mayor Russo reported VJCI had met many times witti staff even though the point had not been reached to provide material for discussion at tonight's meeting. Terry Smoyer, representing WCI, reported meeting with staff and members of the development community and exploring alternatives to a moratorium. Some progress had been made, and CITY COLTNCIL SPECIAL MEETING, 3/29/99 4 a proposed agreement was anticipated by April 8. Vice Mayor Furtado expressed disappointment that no material was available for discussion at this point. Vice Mayor Furtado made a motion to approve Ordinance 18, 1999 on First Reading by Title Only. Councilman Jablin seconded the motion. Vice Mayor Furtado withdrew the motion; Councilman Jablin withdrew the second, in order to hear further comments from the WCI representative, who stated this was complicated material, there were many things to go over, and the members of the development community were well aware of how complicated this was and how serious the City was, and they would seriously continue work with the hope to provide a realistic alternative to a moratorium by April 8. Vice Mayar Furtado recalled that in January, Mr. Hoffman of WCI had made a presentation to the City Council which had been lacking in issues important to the City, and expressed disappointment that the work had only been done during the last eleven days. Councilman Sabatello urged that focus be on the future rather than the past. Mayor Russo expressed understanding for frustrations created because work had not been started earlier, but asked that as many hours as possible be devoted by WCI to working on an agreement. Vice Mayor Furtado clarified she was not looking to the past, but hoped more progress would be made during the next two weeks than had been made in the last four months. Vice Mayor Furtado made a motion to approve Ordinance 18, 1999 on First Reading by Title Only.. Councilman Jablin seconded the motion. Motion carried 4-1, with Councilman Clark voting against the motion. The Administrative Assistant to the City Manager read Ordinance 18, 1999, on First Reading by Title only. CITY COUNCIL SPECIAL MEETING, 3/29/99 5 ADJOURNMENT There being no further business to discuss, upon motion by Councilman Jablin, seconded by Councilman Clark, the meeting was adjourned at 7:50 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO CHAIRMAN PRO TEM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: CINDY HARVEY, Administrative Assistant to the City Manager CITY OF PALM BEACH GARDENS � CfTY COUNCIL Agenda Cover Memorandum Meeting Date: April 15, 1999 SubjectlAgenda item: Resolution 56, 1999 - Interlocal Agreement refated to the Western Northlake Boulevard Corridor Land Use Study Recommendation/Motion: Staff recommends approval of Resolution 56, 1999. Reviewed by• Originating Dept: Costs: $_0 Council Action: �3 � 7ota1 City Attorney Planning Division [ j Approved ACM � $ 0 [ ] Approved Wi�«,a�� Cur�ent FY Other NIA [ ] Denied Advertised: Funding Source: [] Continued to: Date: [ J Operating Attachments: Paper. � [] Other NlA Interloca{ Agreement Resolution 56, 1999 Resolution 114, 1998 Submitted by: [ x] Not Required Growth M t. C�ctor Affected arties Bud et Acct#: 9 p 9 Approved by: [ ] Notified [ ] None City Manager [ x] Not reguired BACKGROUND: The draft interlocal agreement was workshopped with the City Council at its February 4, 1999 meeting. All three jurisdictions (West Palm Beach, Palm Beach County and the City) have approved resolutions which acknowledge the Western Northlake Corridor Study as a planning tool and policy guide. An interlocal agreement has been prepared which provides for `heightened review' of all land use change and development permit petitions in the subject area. This is not a Chapter 163, F.S. joint planning agreement. � SUMMARY: The major components of the draft interlocal are summarized below: Creation of Planning Area: The planning area is the same as the subject area of the study (west of the Water Catchment Area to Seminole Pratt Whitney Road, south of Beeline Hwy to first local road south of Northlake Blvd). It includes all of the City's western area south of the Beeline Hwy, including Vavrus Ranch. Commitment in Comprehensive Plans: Each jurisdiction's corrnprehensive plan would be amended to show the boundaries of the planning area and to provide general policy language regarding the joint planning effort. Planning Procedures: Two procedures are established to consider 1) land use changes and 2) site-specific development petitions. Land Use A joint review process is established. Changes First, all petitions undergo review for a determination of consistency with the Western Northlake Corridor Study. If consistency is determined by all three governments, the land use change process continues as normal, with no additional participation needed from the advising governments. If the petition is deemed inconsistent with the Western Northlake Corridor Study by any one of the governments, `heightened review' processes are required. "Heightened review" is simply the opportunity for the advising governments to review and comment on the petition. These comments will be formally incorporated into the jurisdictional government's staff report and presentation. The jurisdictional government can approve the land use change over the objection of the advising government(s), however, the advising government's recommendation/objection must be part of the transmittal package. Develop- All three local governments participate in the review of site-specific ment development proposals. Comments/recommendations are due to the Petitions jurisdictional government within ten days of receipt of the petitions. The interlocal agreement does not provide much more standing than to�+ay's IPARC and public participation processes, however, it does represent a desire to cooperate better and attempt a coordinated planning effort in the western area. Heightened Review Agreement Page 2 RESOLUTION 56, 1999 March 26, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY AND THE CITY OF WEST PALM BEACH FOR HEIGHTENED REVIEW WITHIN THE WESTERN NORTHLAKE BOULEVARD CORRIDOR PLANNING AREA; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens has adopted Resolution 114, 1998 which acknowledges the Western Northlake Corridor Land Use Study as a policy and growth management guide; and WHEREAS, the City Council of the City of Palm Beach Gardens desires to further coordinate planning efforts along said corridor with Palm Beach County and West Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1: The City Council of the City of Palm Beach Gardens hereby authorizes the Mayor and City Clerk to execute the Interlocal Agreement, attached as Exhibit "A", which provides for heightened review of comprehensive plan amendments and development proposals within the Western Northlake Boulevard Corridor Planning Area. SECTION 2: This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF 1999. JOSEPH R. RUSSO, MAYOR __ ATTEST: APPROVED AS TO FORM AND LINDA V. KOSIER, CMC, CITY CLERK LEGAL SUFFICIENCY VOTE: AYE NAY ABSENT MAYOR RUSSO V10E-MAY4R FURTADO COUNCILMAN JABL{N COUNCILMAN CLARK COUNCILMAN SABATELLO RESOLUTION 56, 1999 PAGE 2 r � INTERLOCAL AGREEIVIENT ENTERED INTO BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, THE CITY OF PALM BEACH GARDENS AND THE CITY OF WEST PALM BEACH PROVIDING FOR HEIGHTENED REVIEW REGARDING LANDS LOCATED WITHIN THE WESTERN NORTHLAKE BOULEVARD CORRIDOR PLANNING AREA. This InterlocalAgreement is madethis dayof between the City of Palm Beach Gardens, the Cityof West Palm Beach, hereinafter referred to as "Cities," and Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "County." (The Cities and the County are jointly referred to herein as "parties.") WHEREAS, both the County and the Cities exercise comprehensive planning authority pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, as set forth in Part I I of Chapter 163, Florida Statutes (herein, the "Planning Act"), and enforce land development regulations to regu{ate the deve{opment of land within the respective areas of jurisdiction of each party; and WHEREAS, the general administration of this agreement is governed by the provisions of Section 163.01, Florida Statutes (1997); and WHEREAS, Palm Beach County and the Cities have determined that it is appropriate to enter into an Interlocal Agreement hereinafter referred to as "Agreement" in order to ensure efficient and orderly development, and intergovernmental coordination and cooperation and provide heightened review of development proposals; and WHEREAS, the orderly planning for future development of both the County and the Cities requires that the procedures set forth herein be followed; and WHEREAS, on September 16, 1998, the Palm Beach County Board of County Commissioners executed a resolution acknowledging the Western Northlake Corridor Land Use Study as a policy and growth management guide and an expression of the desires of the community, in the review of development proposals and plan amendments; and WHEREAS, on November 5, 1998, the City of Palm Beach Gardens executed a resolution acknowledging the Western Northlake Corridor Land Use Study as a policy and growth management guide and an expression of the desires of the community, in the review of development proposals and plan amendments; and WHEREAS, on January 11,1999, the Cityof West Palm Beach executed a resolution acknowledging the Western Northlake Corridor Land Use Study as a policy and growth management guide in the review of development proposals and p'lan amendments in order to preserve and enhance the character within the study area; and 1 WHEREAS, Policy 1.4-d ofthe Intergovernmental Coordination Element of the 1989 Palrri Beach County Comprehensive Plan callsforthe Countyto pursue interlocal agreements with municipalities that have identified future land use designations for adjacent unincorporated areas; and WHEREAS, Objective 1.1.8 of the Future Land Use Element of the Palm Beach Gardens Comprehensive Plan ca�ls for the City to improve coordination with affected and appropriate governments and agencies to maximize their input into the planning and development process and mitigate potential adverse impacts of future development and redevelopment activities; and, WHEREAS, Policy 1.1.8.3 of the Future Land Use Elemenfi of the City of Palm Beach Gardens Comprehensive Plan calls forthe City to coordinate requests fordevelopment orders or permits, as required, with Palm Beach County, adjacent municipalities, the Countywide Intergovemmental Coordination Program, Treasure Coast Regional Planning Council, South Florida Water Management District, and state and federal agencies; and, WHEREAS, Objective 1.1 of the Intergovemmental Coordination Element ofthe 1989 City of West Palm Beach Comprehensive Plan calls for the City to maintain or develop a formal process for intergovemmental coordination with Palm Beach County and adjacent municipalities which establishes specific coordination activities to occur on a regular basis. NOW THEREFORE in consideration of the covenants made by each party, the mutual obligations, undertakings, and advantages to be realized by the parties hereto, the parties do hereby covenant and decree as follows: Section 1. Incorporation of Recitals The foregoing recitals are true and coRect, were relied on by the parties entering into this Agreement and are a part of and incorporated into this Agreement. Section 2. Authority This Agreement is entered into pursuant to the general authority of Section 163.01, Florida Statutes, relating to interlocal agreements. Section 3. Definitions For purposes of this agreement the following terms are defined as follows: A. Advising Local Government - the governments other than the jurisdictional local government reviewing a development proposal pursuant to this agreement. B. Joint Review - review by jurisdictional govemment and one or both of the advising governments. � 2 C. � Jurisdictional Local Go"vernment -the local govemment processing the development application. D. Western Northlake Boulevard Corridor Planning Area - area described and depicted in Exhibit A, genera{{y consisting of lands located: south of the Beefine Highway; west of the West Palm Beach Water Catchment Area; east of the J.W. Corbett Wildlife Management Area and Seminole Pratt Whitney Road; and north of the southem boundary of Ibis, Rustic Ranches, Bay Hill Estates, and Hamlin Boulevard; is hereby designated as the Western Northlake Boulevard Corridor Planning Area, hereinafter referred to as the "Pla�ning Area." E. Planning Director- the planning official designated by each�ofthe parties to implement this Agreement. F. Study -Westem Northlake Corridor Land Use Study acknowledged by the three local governments party to this Agreement, dated June 8, 1998, as amended, and acknowledged by the parties to this Agreement. Section 4. Term A. This agreement shall remain in effect until such time that the agreement is terminated by one or both of fhe Cities orthe County, following the adoption of a resolution forthat purpose. As a condition precedent to the termination of this Agreement, the party proposing to take such action shall provide nine (9) months advance written notice of its intention to terminate this agreement unless a shorter period of time is jointly agreed to by the Cities and the County. If one partyterminates the agreement, the agreement shall remain in effect for the remaining parties unless an additional party term inates the agreement. B. The agreement shall not be applicable to ihe following comprehensive planning and land development activities within the Planning Area: Preparation, adoption and implementation of optional sector plans prepared pursuant to Section 163.3245, Florida Statutes (Supp. 1998). 2. Preparation, adoption and implementation of Developments of Regional Impact (DRI) adopted pursuantto Chapter380, Part 1, The F{orida Environmental Land and Water Management Act of 1972. 3. Development of lands within an approved DRI and lands within an area subject to a conceptual long-term build out overlay which has been adopted by a party - and found in compliance by the Department of Community Affairs. � 3 4. Development of lands subject to a Stipulated Settlement Agreement between the jurisdictional local govemment and the Department of Community Affairs. Section 6. Commitmer�t by each Local Government to Consider the Findings of the Western Northlake Boulevard Corridor Land Use Study The County and the Cities hereby approve of the Westem Northlake Corridor Land Use Study as a policy and growth management guide and an expression of the desires of the community in the review of development proposals and plan amendments, and encourage intergovemmental cooperation and coordination thcough the implementation of the study findings. Section 7. Commitment by each Local Government to Adopt a Policy Providing For A Joint Review Process for Land Use Map Amendments in the Western Northlake Corridor and a map depicting the Western Northlake Boulevard Corridor Planning Area in their respective comprehensive plans The County and the Cities hereby agree to pface a policy describing the area subject to this agreement and to include a map indicating the boundaries of the Planning Area in their respective comprehensive plans within twelve (12) months of the date this agreement is executed. Section 8. Western Northlake Boulevard Corridor Planning Area Procedures After this agreement has gone into effect, the procedure to amend local land use maps in areas subject to this interlocal agreement shall be as follows: A. Pursuant to the requirements of chapter 163, Part II, Florida Statutes, each local government's Comprehensive Plan shall remain in full force and effect over its jurisdiction. The County and Cities shall have full authorifiy for the preparation and adoption of the applicable comprehensive plans and any amendments thereto pursuant to the Planning Act, and for the adoption, amendment and enforcement of land development regulations thereunder. The parties agree that during the period that this agreement is in effect that the jurisdictional local govemment shall receive all fees generated from comprehensive plan amendments and re-zonings/development orders in the planning area. B_ All proposed changes to a land use designation on a party's comprehensive plan land use map or map series within the planning area shall be reviewed for consistency with the findings and conclusions of the Study. Any land use map amendment within the planning area shall require use of a joint review process by the parties as specified in this Agreement. The joint review process shall require that each of the parties process the amendment as outlined below: � 4 Joint Consistency Review a. The jurisdictional local government, shall be responsible for intake of the amendment application, and notification and submittal of the application to the advising local governments. b. Within two (2) working days of �eceipt of the application, the jurisdictional planning director shall forward a copy of the request to the advising planning directors. All three planning directors shall have five (5) working days from the receipt of the application by the advising planning directors to determine, in writing, if the amendment request is consistent or inconsistentwith the;'Study findings and recommendations. No response is considered a response that the amendment is consistent. c. If all of the planning directors determine that the application request is consistent with the Study recommendations, then the joint planning review process shall not be required. The application will be reviewed by the jurisdictional local govemment against its respective Comprehensive Plan and the Study, with the advising local govemments providing comments. d. If one of the planning directors determines that the amendmenf request is inconsistent with the Study recommendations, then thejoint planning review process shall be required as specified below. 2. Joint Planning Review a. Upon determination that the joint planning review process is required, the jurisdictional local govemment shall prepare a full staff report and the advising local governments shall prepare a written assessment and recommendation with comments, which shall become an attachment to the jurisdictional staff report. The report shall be available for distribution at least five (5) working days prior to the jurisdictional local govemment's Local Planning Agency (LPA) public hearing. b. The jurisdictional local government LPA shall hold an advertised public hearing. The advising local govemments shall be afforded the opportunity to address the jurisdictional local govemment LPA during the pubfic hearing_ The jurisdictional local govemment LPA shall considerthe recommendations of the advising local governments during its deliberations. c. The jurisdictional local government elected body shall then hold an advertised -- public hearing. The advising local governments shall be afforded the oppor�unity to address the jurisdictional local govemment elected body during the public hearing. The jurisdictionai local govemment elected body shall consider the recommendations of the advising local governments during its deliberations. 3. Additional Considerations a. The jurisdictional local govemment shall have exclusive authorityto determine consistency with the Study if the joint planning review process is required. b. The jurisdictional local govemment's rules and procedures forthe amendment process sha11 be adhered to in processing the amendment application. The procedures herein shall not be construed to supersede or invalidate the jurisdictional local govemment's rules and procedures. c. During the joint review process, the jurisdictional local government shall be responsible forforwarding any revisions to the application to the advising local governments within two (2) working days of receipt of said revisions. d. The jurisdictional local government shall provide the advising local governments with at least five (5) working days notice of all public hearings. The jurisdictional local government shal! immediately notify the advising local governments of any requests to postpone scheduled public hearings. Section 9. Joint Staff Review of Development Proposals All petitions for development approvals requiring public hearings within the Planning Area shall be subject to review by the County and the Cities. The jurisdictional local govemme�t shall notify the advising local govemments within fifteen (15) working days of the submittal of the application. Each advising local govemment shall have ten (10) working days, upon receipt of the application, to provide any written or oral comments or objections to ensure that the petition meets the recommendations of the Western Northlake Corridor Land Use Study. Section 10. Notification All notifications required in this agreement shall be sent to the Planning Directors of each local government at the following addresses: � City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 775-8295 (561) 775-1014 (FAX) � City of West Palm Beach 200 2"d Street West Paim Beach, FL 33402 (561) 659-8031 (561) 653-2605 (FAX) Palm Beach County 100 Australian Ave. West Palm Beach, FL 33406 (561) 233-5300 (561) 233-5365 (FAX) Section 11. Enforcement This agreement is valid and enforceable. Only the parties to the agreement have standing to enforce the agreement. A violation of the agreement shall not be deemed a violation of a local comprehensive plan. No thi�d party has standing to enforce the agreement. Section 12. Effective Dafe The provisions of this Agreement shall become effective upon the execution of this Agreement by all parties. Section 13. Originals This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original. All of which together shall constitute one (1) and the same instrument. Section 14. Copy filed with the clerk A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. � 7 Palm Beach County ATTEST: DOROTHY H. WILKEN, Clerk : Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENC gy; � _ County Attomey City of Palm Beach Gardens ATTEST: ; City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: �� lA�d�( v City Attomey � � PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS: By: Chair City of Palm Beach Gardens by its City Council : s Mayor City of West Palm Beach ATTEST: : City C1erk APPROVED AS TO FORM AND LEGA ICIENCY By: City Attomey T:�PLANNING\GRWTHMAN\Northlake Study\final interlocal 325.wpd / City of West Palm Beach by its City Commission : Presiding Officer �LLl� , PALM BEACH GARDENS Ible � (3olt aad Connt� Ciub � � � � ' � � � I � . � EXNIBIT A WL°STERN NORTHLAKE BOULlVARD CORRIDOR PLANNiNG AREA LEGEND Municippl Bo�ndC�es �� Urban Service Area Boundary �. (USAB) Mun(cipal/USAB O�erlap � Westem NoMhlake Boulevard � � I Cortidor Plan�ing Area Plaaaing, Zoaiag and Building 100 AusVfllan A�enu� WM Pdm Bacr, 7L JN06 Phme� (36119JJ•EOW October 27, 1998 RESOLUTION 114, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ACKNOWLEDGING THE WESTERN NORTF�AI{E CORRIDOR LAND USE STUDIr AS A POLICY AND GROWTH MANAGEMENT GUIDE AND AN EXPRESSION OF THE DESIRES OF THE COMMUNITY, IN THE REVIEW OF DEVELOPMENT PROPOSALS AND PLAN AMENDMENTS, AND DIRECTING STAFF TO PURSUE THE ADDITIONAL WORK PRODUCTS RECOl��IMENDED IN THE STUDY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Land Use Compatibility Directive of the Land Use Element of the 1989 Pa1m Beach County Comprehensive Plan calls for the County to ensure that the densities and intensities of land uses aze not in conflict with those of the surrounding areas, whether unincorporated or incorporated; and WI�REAS, Goa1 1 of the Intergovemmental Coordinarion Element of the 1989 Palm Beach County Comprehensive Plan calls for the County to provide a continuous coordinating effort with all affected governmental entities in order to accomplish the goals of the Palm Beach County Comprehensive Plan and consider recommendations of affected governmental entities in the County's decision-making process and to ensure consistency with state and regional plans; and WHEREAS, Future Land Use Element Objective 1.1.5. of the Palm Beach Gardens Comprehensive Plan calls for the City to direct future growth, development and redevelopment consistent with sound planning principles; minunal natural lurutations, the goals, objectives and policies of the comprehensive plan, and the desired community character; and WHEREAS, Intergovernmental Coordination Element Objective 8.1.1 of the Palm Beach Gardens Comprehensive Plan calls for the City to establish formal, specific means of coordination with adjacent municipalities and the county; and VVI-�REAS, in 1997, the County received two plan amendment applications in the Nortblake Corridor Area to which the City objected through the Intergovernmental Plan Amendment Review Committee (IPARC) process; and W��REAS, the Board of County Commissioners directed county staff to coozdinate with the City of Palm Beach Gardens on a corridor study along Northlake Boulevard on July 21, 1997; and W��REAS, a staffcommittee was formed by the County, the City of Palm Beach Gardens _ and the City of West Palm Beach to undertake the study; and / WHEREAS, input from area residents and property owners was received at several sfages during the study process; and , VVHEREAS, the Western Northlake Corridor Land Use Study contains recommendations regarding appropriate land uses for the remaining vacant parcels, establishing an effective delineation between iural and urban/suburban uses, and discouraging urban sprawl and the premature conversion of rural land to urban uses, as well as recommendations regarding intergovernmental coordinationlcooperation; and WHEREAS, the City of Palm Beach Gazdens City Council held a workshop on August 10, 1998, made comments on the plan, and directed staff to pursue the recommendations of the study; and WHEREAS, the City of West Palm Beach held a workshop on August 10, 1998, made comments on the plan, and directed its staff to pursue the recommendations of the study; and WHEREAS, the Board of County Commissioners held a workshop on June 23, 1998, then again on September 16,1998 approved Resolution No. 98-1502 which formally aclmowledges the Western Northlake Land Use Study as a policy and growth management guide. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The Western Northlake Land Use Study dated June 8, 1998 attached hereto as Exhibit A, is hereby acknowledged by the Board of County Corrunissioners as a policy and growth management guide, and an expression of the desires of the community, in the review of development proposals and plan amendments. City staff is directed to pursue the additional work products as recommended by the study. Section 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS 5 DAY ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: L��r.� ��Z�f ��, , �� G� � L�j'I't� �''�•- °`�,�1998. � ( � APPROVED AS TO FORM AND LE SUFFICIENCY VOTE: � A�E �TAY ABSENT COUNCILMEMBER RUSSO � COUNCILMEMBER FURTADO. +� COUNCILMEMBER JABLIN � �COUNCILMEMBER CLARK ✓ COIJNCILMEMBER SABATELLO ✓ CITY ATTORNEY _ CITY OF PALM BEACH GARDENS � CITY COUNCIL ' Agenda Cover Memorandum .. Meefing Date: April 15. 1999 � . April 9, 1999 Subject/Agenda Item: Resolution 57, 1999 - Interlocal Agreement for Enforcement of Contractor Licensing Recommendation/Motion: Staff recommends approval of Resolution 57, 1999. Reviewed by: y � Originating Dept: Costs: $_0 Council Action: ��— Total City Attomey � Planning Division [] Approved ACM � ��1 � $ 0 [ ) Approved Wi �«,aa�«,s Current FY Other N/A [ ] Denied Advertised: Funding Source: [} Continued to: Date: [ ] Operating Attachments: Paper: [] Other N/A Interlocal Agreement Resolution 57, 1999 • County Ordinances 97-56 and 98-558 Submi d�� [ x] Not Required Growth Mgt. qire Affected parties Budget Acct#: Approved by: [ ] Notified [ ] None City Manager [ x] Not required BACKGROUND: Through approval of an interlocal agreement, County Ordinance 97-56 can be enforced within the municipal {imits of Palm Beach Gardens. County Ordinance 97-56 regufates the certification and conduct of contractors within Palm Beach County, and provides disciplinary measures for viofations of state 1aw and/or the ordinance. Upon approval of the interlocal agreement, the County will undertake measures to enforce contractors licensing and the laws which regulate contractors' conduct, practices and requirements (such as insurance coverage). Enforcement: The Palm Beach County Contractors Certification division and Sheriff's �ffice can come into the city limits to enforce contractors licensing laws - invited or not (`hot pursuit !aw'). They have the power to arrest contractors for any violation of county, state or city licensing laws, such as certificates of competency, liability insurance and workman's compensation. � Benefits: The City will reap the benefit of better enforcement due to the extra 'eyes and ears' of the county staff. The ultimate result should be better construction through verified competency. Liability/Disadvantages/Cost: There is no cost incurred, liability sustained or position of jeopardy shifted to the Gity. Obligations: The interlocal agreement introduces no additional obligations on either party. This is a type of mutual aid pact. Principal Requirements of County Ordinance: The City of Palm Beach Gardens, Palm Beach County and State of Florida are all working toward the same objectives and enforce identical or parallel ordinances, laws and statutes. The consequences of violations are severe and range from monetary fines to complete loss of license. March 26, 1999 RESOLUTtON 57, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN THE CtTY AND PALM BEACH COUNTY FOR ENFORCEMENT OF COUNTY ORDINANCE 97-56 WITHIN THE MUNICfPAL LiMITS OF PALM BEACH GARDENS REGARDING REGULATION OF CONTRACTORS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens desires better enforcement of State contractors' regulations; WHEREAS, the City Council of the City of Palm Beach Gardens desires for Palm Beach County to be authorized to enforce the provisions of said regulations and similar provisions found in County Ordinance 97-56 within the municipal limits of Palm Beach Gardens; and WHEREAS, the provisions of County Ordinance 98-558 provide for the enforcement of Ordinance 97-56 within municipalities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PA�M BEACH GARDENS, FLORIDA: SECTION 1: The City Council of the City of Palm Beach Gardens hereby authorizes the Mayor and City Clerk to execute the Interlocal Agreement, attached as Exhibit "A", which provides for county enforcement of Ordinance 97-56 pertaining to contractors regulations within the municipal limits of City of Palm Beach Gardens. SECTiON 2: This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF _ ATTEST: LINDA V. KOSIER`CMC, CITY CLERK 1999. JOSEPH R. RUSSO, MAYOR APPROVED AS TO FORM AND LEGAL SUFFIClENCY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE-MAYOR FURTADO COUNCILMAN JABLIN COUNCiLMAN CLARK COUNCILMAN SABATELLO RESOLUTION 57, 1999 PAGE 2 � INTERLOCAL AGREEMENT This Interlocal Agreement is made the day of , 199 between the City of Palm Beach Gardens, a municipality located in Palm Beach County, Florida (hereinafter "CITY") and Palm Beach County, a political subdivision of the State of Florida, (hereinafter "COLTN'TY"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the Palm Beach County Board of County Commissioners adopted Ordinance 97-56 which provides for the regulation of contra:,tors and construction activity; and WHEREAS, Section 7 of Ordinance 97-56, codified at Chapter 7, Article II of the Palm Beach County Code of Laws and Ordinances, provides that the Ordinance applies in the unincorporated areas of Palm Beach County and that municipalities may authorize the enforcement of the Ordinance within municipal boundaries; and WHEREAS,nhe CITY desires to authorize the enforcement by Palm Beach County of the provisions of Ordinance 97-56 within the municipality; and NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Purpose The purpose of this Agreement is to allow the Pa1m Beach County Contractor Certifcation Division to enforce the provisions of Ordinance 97-56, codified in Chapter 7, Article II of the Palm Beach County Code of Laws and Ordinances, as may be amended from time to time, within the CTI'Y. Section 2. Definitions The definitions set forth in Ordinance 97-56 (attached hereto as Exhibit "A" and incorporated herein by reference) shall apply to this Agreement. "Agreement" means this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. Section 3. Representative/Monitoring Position The COUNTY'S representative during the term of this Agreement shall be the Director of Contractor Certification, 100 Australian Avenue, West Palm Beach 33406, whose telephone number is (56I) 233-5525. The CTI'Y'S. representative during. the . term of this Agreement shall be r�n°a��nent whose telephone number is ��5-8295 9 Director Section 4. Effective Date/Term This Agreement shall take effect upon execution. The term of this agreement shall be in effect until ternunate�ci by either party as provided herein. 2 Section 5. Responsibilities and Duties CTTY agrees to assist and support the County in enforcement of the provisions of Ordinance 97-56. COUNTY agrees to enforce the provisions of Ordinance 97-56 within the CTTY. Such enforcement includes, but is not limited to, issuance of citations against persons who engage in construction activity that requires licensure, as more fully set forth in Section 3 of Ordinance 97-56 ("Issuance of Citation, Administrative Hearing and Penalties"), issuance of citations against locally licensed contractors who engage in activity prohibited by Ordinance 97-56; conduct of hearings before the Palm Beach County Construction Industry Licensing Board or Special Master, and issuance of Cease and Desist Orders to prohibit any person from engaging in the business of contracting who does not hold the required certification or registration for the work being performed. Section 6. Terminataon This Agreement may be terminated by either party to this Agreement upon fve (5) days written notice to the other party. Section 7. Enforcement Costs Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement sha11 be borne by the respective parties, provided, however., that this clause.pertains only to the parties .to this Agreement. Section 8. Notice All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the fol�owing: � 3 � COUNTY Director, Contractor Certification 100 Australian Avenue West Palm Beach, FL 33406 Section 9. Filing CITY Growth Managem�nt Direc�o�c 10500 N Military Trail Palm Beach Gardens, FL 33410 A copy of this Agreement shall be fled with the Clerk of the Circuit Court in and for Palm Beach County. Section 10. Liabilit,y The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions, and negligence of the other party. Further, nothing herein shall be construed as a.waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. Section 11. Amendments This Agreement may be amended only upon written consent of all the parties hereto. The Palm Beach County Board of County Commissioners must approve of such amendment by Resolution or similar action of the Board of County Commissioners. Section 12. Remedies This Agreement shall be construed by and governed by the laws of the State of Florida. Any and a11 legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy sha11 be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or / 4 partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 13. Time of the Essence The parties expressly agree that time is of the essence in this Agreement and the failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall, at the option of the other party without liability; in addition to any other rights or remedies, relieve the other party of any obligation to accept such performance. Section 14. Equal Opportunit,y Provision The COUNT� and the CITY agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. Section 15. Captions The captions and section designations herein set forth aze for convenience only and shall have no substantive meaning. Section 16. Severabi�it,y In the event that any section, paragraph, sentence, clause, or provision hereof be held by:a. � court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 17. Entiret,y of Agreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. 5 ATTEST: DOROTHY H. WILKEN, Clerk BY= Deputy Clerk APPROVED A5 TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney ATTEST: : WITNESSES: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: -Cc�'—� City Attorney's Office � G:\COMMONWTTY�WPDATA�ENVIRV.BEEBE\CII.B�PALMBEAC.INT , / PALM BEACH COUNTY, FL(JRIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Chair CITY OF P� �ch Gardens PALM BEACH �'�J?'y`T'J (Name and Title) C l I RFSOLUTION NO. R-98- 558 i� ' RESOLUTION OF TI-IE BOARD OF COUNTY COMIVIISSIONERS OF PAI1�I BEACH COUNTY, FLORIDA, AUTHORi7.iNG THE COUNTY ADMINISTRATOR OR DESIGNEE TO EXECUTE STANDARD INTERLOCAL AGREEMENTS WTTH � MUMCIPALTI'IES IN PALM BEACH COUNTY AND PROVIDING FOR ENFORCEMENT OF ORDINANCE 97-56 WITHIN MUNICIPALTTIES; PROVIDING FOR AN EFFECTNE DAT'E. WHEREAS, the Palm Beach County Board of County Commissioners adopted Ordinance � 97-56 on November 18, 1997, providing for the regulation of contractors; and ; I � WHEREAS, pursuant to Section 7 of Ordinance 97-56, the Ordinance applies in the unincorporated areas of Palm Beach County, but municipalities may authorize the enforcement of the Ordinance within the municipalities by Interlocal Agreement with Palm Beach County; and WHEREAS, authorizing the County Administrator or designee to execute a standard Interlocal Agreement with any municipalities who desire to enter into an Interlocal Agreement with the County for enforcement of Ordinance 97-56 within the municipalities will expedite the provision of these enforcement services in municipalities; and WHEREAS, execution by the County Administrator or designee of the Interlocal Agreements necessary to pmvide enforcement within municipalities is a ministerial function and does not constitute a policy-making decision. ' NOW, THEREFORE, BE TI' RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: Section 1. The County Administrator or designee is hereby authorized to execute a standard Interlocal Agreement on behalf of the Board of County Commissioners, which is in ihe form attached hereto as Exhibit "A" which has been previously approved as to legal form and sufficiency by the County Attorney. � � � � � � � Section 2. Should any special provision be requested by a'Ynunicipality or other governmen[al entity for inclusion in the Interlocal Agreement, said Interlocal Agreement shall be presented to the Board of County Commissioners for consideration and approval. � Section 3. This Resolution shall be incorporated into and made a part of the Policies and Procedures Manual of the Contractor Certification Division. - . ; � � / � ; 4 Section 4. The fully executed Interlocal Agreements will be received and filed with the � � i i � Board of County Commissioners � Section 5. T'his Resolution shall be effective on the date adopted. The foregoing resolution was offered by Commissioner r'eweli who moved its adoption. The motion was seconded by Commissioner Lee , and upon being put to a vote, the motion passed as follows: COIVIMISSIONER BURT AARONSON - Aye COMMISSIONER MAUDE FORD LEE - Aye COD�IlVIISSIONER KEN L. FOSTER - Absent COMMISSIONER MARY McCARTY - Aye COMMISSIONER KAREN T. MARCUS - Aye COMMISSIONER WARREN H. NEWELL - Aye COMMISSIONER CAROL A. ROBERTS - Aye The Chairman thereupon declared the resolution duly passed and adopted this 21 day of April ,1998. APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: (% �f,�/� ��I � (�--� Assistant Cou�'ity �mey g:�cofmnvn�wodaro�envirVEcbbaWccky�com.calagrucc.m PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Dorothy H. Wilken, Clerk By: %� .i�✓-�`� Deputy Clerk �� V . 0 2 3 4 5 6 7 8 9 10 Il 12 13 14 IS 16 17 18 19 �a 21 „ �; 24 �� 26 �� 28 29 30 31 __ �� 33 � 34 . 35 � 97- 56 AN ORDINANCE OF THE BOARD OF COUNTY CON[MISSIONERS OF PALM BEACH COUNTY. FL.ORIDA PROVIDING FOR REGULATION OF CONTRACTORS ; REPEALING ORDINANCE 86-8, AS AMENDED; PROVIDING FOR DEFIMITIONS; PROVIDING FOR PROHIBITIONS; PROVIDING FOR ISSUANCE OF CTTATIONS FOR ADNIINIST'RA'I'IVE HEARINGS; PROVIDING FOR CEASE ANI3 DESIST ORDERS; PROVIDING FOR CRIMINAL VIOLATIONS; PROVIDING FOR ISSUANCE OF NOTICES TO APPEAR; PROVIDING FOR REPEAL AND SAVINGS CLAUSE; PROVIDING FOR APPLICABILI'I'Y; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABII.ITY; PROVIDING FOR , INCI.USION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR EFFECTIVE DATE. � VVFiEREAS, the business of constructionand building improvements is a matter substantiaily j af'fecting the public inta�st; and WHEREAS, in order to protcct the health, safety and welfare of thc public, it is neccssary . to ensure that individuals engaged in the construction industry are duly qualified and that _: conswction is done according to code; and WHEREAS, pursuant to Fla. Stat § 489.127, a county may enforce the provisions of Fia. � � Stat. § 489.127(1) and § 489.132 (1) against persons who engag� in activity for which a county : licenst or state certification or registration is reqnired; and .' WI-IEREAS, pursuant to FIa StaL § 489531(3), a county may enforce the provisions of Fia. . Stat § 489.531( I) against persons who engage in activity for which a county certification is rcquired; : and WHEREAS, pursuant to Fla Stat § 489.127(5) and § 489.53 T(3), a county is suthorizcd to � enforcecodesandordinancesagainstunlicens�dcontractorsandmayenactanordinanceestablishing , proccdures for implemrnting same; and � WHEREAS, Laws of Florida, Chaptcr 67-1876, as amended, authorius the C:onstruction Ind�stry Licensing Board of Palm Beach Counry ("CILB") to ovcrsee locat licensure of contractors an�disciplinc of same; and WI-IEREAS. Laws of Florida, Chapter 67-1876, as amrnded. declares it unlawful for any person ta engage in the business of contracting without the required local eertificate of compctency: 1 I 2 3 4 5 6 7 8 9 �0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 � � . � and � . j WHEREAS, Palm Beach County desires to protect the public by restricting and penalizing : construction activities performed by unlicensed contractorsand to enforce tfie provisions of Fla. Stat. � Chapter 489 and Laws of Florida, Chapter 67-1876, as amended. � NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY i C�MMISSIONERS OF PALM BEACH COUNTY, FLORIDA that: I SECI'ION 1. DEFINTTION$ • As used herein, the following terms shall have the meaning described. Any term not defined i herein shall have the meaning found in Fla. Sta� Chapter 489 and/or Laws of Florida, Chapter 67- � � 1876. as amended. � ; A. "Certificate" or "License" shall mean a current valid Ccrtificate of Competency i i issued by the CILB pursuant to Laws of Florida, Chapter 67-1876, as amended, or i a ccrtificate issued by the state of Florida pursuant to Fla StaL Chapter 489. � B. "Certificate holder" or "Licensee° shall mean that contractor who holds a current, i valid ccrtificate issued by the CILB or the state of Florida. � C. "CILB" shall mean the Construction Industry Licensing Boazd of Palm Beach � County , as established by Laws of Florida, Chapter 67-18'76, as amended. I D. "Contractor"shall mean the person who is qualified for and responsible for an entire f , project contracted for and means (except as exempted by Laws of Florida, Chapter � I ' 67-1876, as amended) the person who, for compensation, undertakes to, submits a bid to, or dces him/herself or by others construct, repair, alter, r�emodel, add to, subtract from, or improve any building or structwe, including related improvements i I to real estate, for others or for resale to others. A contractor shall hold a license or i certificate as provided by law before bidding or performing work requiring such � I �cense or certificate. i E. "Code Enforcement officer" or "investigator" shall mean those persons designated / ; by Palm Beach County Contractors Certification Division for enforcement of the I t regulationscontained in Laws of Florida, Chapter 67-1876, Fla. Stat. Chapter'489, i and this ordinance. ( 2 0 1 � 3 4 S 6 7 8 9 1� tt 12 13 14 ' IS 16 17 18 19 20 21 22 23 24 Zs 26 27 28 29 F. "Rcgistrant"shall mcan that cootractor who holds a license issued by the C(LB and who has registered with the state of Florida pursuant to Fla. Stat. Chapter 489. G. "SQecial Act" shall mean Laws of Florida, Chapter 67-1876, as may be amended ; i from time to time. i SECTION 2. PROHIBITIOtYS. � i A. No person shall: � (t) falsely hold himself/hecself or a business organization out as a licensee, i ccrtificate hotder, or registiant; � � i (2) falsely impersonate a certificate holder, or registrant; � i (3) present as his/her own the certificate or registration of another, i (4) knowingly give false or forged evidence to the CILB or member thereof; (5) use or attempt to use a certificate or registration which has been suspended � { ilorrevoked; i �, (� cngage in the business or act in the capacity of a contractor or advertise � himself/herself or a business organization as available to engage in the j I business or act in the capacity of a contractor without being duly registered ` or certified. (� operate a business organiza6on engaged in contracting after 60 days I I following the termination of iu only qualifying agent without designating { i another primary qualifying agent, except as provided in Fla Stat§489.119 I and §489.1195; � � (8) commence or perform work for which a building permit is required pursuant j to thc adopted state minimum building code without such buitding permit i � being in effect; ( i (9) willfWly or deliberately disregard any county ordinance related to uncertified ` or unregistered contractors. l B. No person shall: ( (1) engage in the business or act in the capacity of a contractor without having I met the provisions of the Special Act. � 3 0 1 2 3 4 5 6 7 8 9 �0 11 12 13 14 ' IS 16 17 18 19 20 � 21 22 23 24 25 26 27 28 29 / c. i , ; (2) [t is unlawful for a pc�son who is �cquired to posscss a ccctificate of � . � competency, but who does not possess a current certificate of competency: (a) to advcrtise to the public in a newspaper ad, airwave ' transmission, or a telephone directory, or by issuance of a card, or otherwise, thai he/she is a contractor, or is qualified ; I to engage in business as a contractor, � (b) to hold himself/herseif out as a contractor, whether as a � ( plaintiff, defendant or witness in any court in this County; (3) It is unlawful for a contractor or a qualified business organization to fail to identify any of his/her vehicies used to transport materials and equipment to . I a job site. Identification shall be ef%ctuated by placing upon said vehicles the contractor's name or symbol and certificate of competency number, in , � two locations; � (4) It is unlawful for a contractor to fail to include hislher certificate of 1 competency number in any advertising to the public in a newspaper, + I magazine or other periodical, telephone directory display ad, airwave ( f trarumission, business cazd, pamphlet, or other advertising medium announcing, advertising, or promoting services regulated pursuant to the Special Act, excluding a single-line listing in a telephone directory 1 I The foUowing acts are prohibited: (1) willful or deliberate disregard and violation of the applicable building codes or laws of the County or the State of Florida; (2) aiding or abetting an uncertified person or business organization to evade any � provision of the Special Act; � {3) lcnowingly combining or conspiring with an uncertified person w'sth intent to evade the provisions of the Special Act; (4) acting in the capacity of a contractor in any name other than that on the eertificate and/or difFerent from the scope of work for which hdshe is � certified to perform; I 4 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 / (5) divcrsion of funds or property rcceived for prosecution or completion of a� specified construction project or operating where, as a resuit of the diversion the contractor is or will be unable to fulfit! the terms of his/her obligations or � � contract; � (6} failwe in any material respect to comply with the provisions of the Spccial { i Act; ; i (7) failure to maintain insurance coverage as set by the CILB or required by state � i or federal rogulations; • i (8) faIsification of application or testimony given beforo the CILB; i (9) abandonmentof a conscruction project in which the contractor is engaged or ; under contract as a contractor. A project shall be considered abandoned aRer � � 30 days if the contractor terminates the project without written notification j to the owner or the prospective owner without just cause, or fails to � substantially perform work under the contract; � i (10) signing a statement with respect to a project or contract falsely indicating that � the work is bonded, falsely indicating that payment has been made for all ; subcontracted work, labor and material which results in a financial loss to the � owner, purchaser or another contract, or falsely indicating that workers' � t compensation and public liability insurance are provided; � � (I 1) a finding of proofand continued evidence that the certificate holder is guilty ! of fraud or deceit, gross negligence, incompetency and misconduct in the i I practice of contracting; . I I (12) subcontracting any work to any person, firm or business organization not � holding a certificate of competency for work involved in the subcontract; ; (13) obtaining a pernut for any work in which the certificate holder does not � actually supervise, direct and control the construction or installation covered ! � by such permit; � (14) being convicted or found guilty, regardless of adjudication,of a crime in any ` I . � � jurisdictionwhich directly rclates to the practice of contracting or the ability ; 1 5 � 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 ' 15 16 17 18 19 20 • 21 22 23 24 25 26 �� 28 i i _ � I , to practice contracting; � (iS) failure to satisfy, within a reasonable time, the tcrms of a civil judgment � obtaincd against thc licensee relating to the practice of the licensee's : � profession. � (16) Commitiingmismanagementormisconductinthepracticeofcontractingthat causes financial harm to a customer. Financiai mismanagement or i misconduct.occurs when: I l. Valid liens have becn recorded against the property of a contractor's � 1 customer for suppiies or services ordered by ihe contractor for the � customer's job, the contractor has received funds from the customer ; i to pay for the supplics or services, and the contractor has not had the ( liens removed from the property, by payment or by bond, within 75 � . � i days after the date of such liens; I I 2. The con�actorhas abandoned a customer's job and the percentage of � - comple6on is less than the percentage of the total contract price paid to the customer as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is � ': abandoned;or � 3. The contractor's job has been completed, and it is shown that the I 1 customerhas had to pay more for the contracted job than the original ; � ; contract price, as adjusted for subsequent change orders, unless such ( increase in cost was the result of circumstances beyond the control of �, the con�actor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract i between thc contractor and the customer. SE�._ ISSUANCE OF CITATION. ADMINISTRATIYE HEARING AND 6 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 � 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 i A• Ucsienation of Code Enforccment Officers. Palm Beach County hereby designatesthe invutigatorswith the Palm Beach Counry ContractorCertification Division as code enforccmentoFficers with the authority to entorce the provisions of Fla. Stat. § 484.127, Laws of Fiorida, Chaptcr 67-1876 and this Ordinanee ' �against persons who engage in construction activity that rcquires a County Certificate of Competency or state ccrtificationor registration. Nothing in this section shall be conswed � � to authoriu disciplinary proceedings against individuals holding the proper valid state ; certification. , i $. Issuance of Citation. • - I (1) Issuance of Citation, Whenever, based upon personal inv�stigation and in i accordance with policies and proced�res astablished by the Contractor � CcrtificationDivision,the investigatorhas reasonable and probable grounds I . I to believe that a person has committed a pmhibitcd act (as set forth in Sxtion � 2 of this Ordinance), the officer may issue a citation to the respondent which ; ; shall include the following information: j i 1. Dat� and time of issuance. � i 2. Name and address of person to whom the citation is issued. � I 3. Time and date of violation. I 4. A brief dcscrip6oa of the violation and the facts constituting � . i . reasonable cause. . � S. The name of the invcstigator. • _ i 1 6. The procedvre for the person to follow in order to pay the civi'1 + . t penalty or to contest the citation. i 7. The applicable civil pcnalty if the person ciccu not to contcst thc 1 i citation. (2) Citation Penalty. The maximum civil penalty which may be levied by ' i citatio� shall not excced 5500. Montys coilectcd in payment fo� citations i / shalt be retained by Palm Beach County to support futurc enforccment ' • activitics. � � � 7 � 1 2 3 � 5 6 7 8 9 10 11 12 13 14 - IS 16 17 18 19 20 . 21 22 23 24 25 26 27 28 29 / (3) (4) (5) (6) i � � � EfTcct of Citation: Anoeal of Citation. The act for which thc citation is issucd � shall cease upon receipt of the citation, and the person charged with the ; violation shall elect either to correct the violation and pay the civil penalty in . the manner indicated on the citation or. within ten days of receipt of the citation, exclusive of weekends and legal holidays, request an administrative hearing before the CILB oc designated Special Master to appeal the issuance � of the citation by the investigator. If the hearing date is not set forth in the � citation, a notice of hearing shall be served on the Respondent as provided in =. Section 3(G). . Failure of the respondent to appea! the decision of the j investigator within the time period set forth herein shall constitute a waiver i of the violator's right to an adminisirative hearing. A waiver of the right to � an administrative hearing shall be deemed an admission of the violation, and ' penalties may be imposed accordingly. � Administrative �jearinQ_ Administrative hearin s on a I g ppeals of citations i shali be held before the CILB pursuant to the CILB's authority to conduct ( hearings and assess fines as set forth in Fla Stat. § 489.127 and the Special I Act. In the altemative, administrative hearings may be held before I designated Spocial Mazters. The members of the CILB may serve ex officio 1 as Special Masters, with the power to preside individuallyover adminishative ( hearings to hear appeals of the issuance of a citation. The Specia! Master � i shall conduct the hearing in accotdance with the pcocedure described herein. ' Non-Criminal Citation. A person issued a citation for a violation is charged with a noncriminal infraction. Order. Upon written notification by the investigator that a respondent has not contested the citation or paid the penalty within the time allowed on the citation, or if a violation has not been corrected within the timo set forth on the citation, the CILB or Special Master shall enter an order ordering the respondcntto pay thc civil penalty set forth on the citation. A hearing shall not be necessary for the issuance of such an ordc�. The ordcr shall includc 8 1 ? 3 4 5 6 7 8 9 10 Il I2 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 z� 28 29 _ _ _ _ I ' � a notice, if appiicable, that fine(s) were imposed, and that a certiGcd copy of such order may be recorded in the public records of Palm Beach County, ; Fiorida and may thereafter constitute a lien against any real or personal ; property owned by the respondent. C. Administrative Nearinr ; Upon appeal of a citation, or at such other times as may be necessary. a hearing I before the CILB or Special Master may be convened. The meeting shalt be held pursuant � to the requirements of Fla StaL § 162.07 and § 162.08, and ihe foilowing shall apply: I � 1. Minut�s shall be kept of all hearings and alI hearings shaU be open to the ` � public. ' 2. At the hcaring, the burden of proof shall be upon the County to show by a. preponderance of the evidence that a violadon(s) does exist. Where proper ! notice of the hearing has been provided to the respondent as provided for i herein, a hearing may proceed even in the absence of the responden� ' � 3. All testimony shall be under oath and shall be recorded. I I 4. The formal rulcs of evidencc shall not apply but fundamental due proccss � : � shall be observed and shall govem the proceedings. Upon determination by i the chairperson, irrelevant, immaterial or unduly repetitious evidence may be I excluded, but all other evidence of a type commonly relied upon by i reasonably prudent persons in the conduct of their affairs shall be admissible, � � whether or not such evidence would be admissi6le in a trial in the courts of � Florida. - � � 5. Any membct of the CILB or Special Master, the attorney representing the ': CILB or Special Master, the respondent and his/her attorney may inquirc or I question any witness ptesent at the hearing. The respondent or histher � attomey shall be allowed to cross-examine all witnesses present at the I i / hcaring, and present testimony and evidence. � 6. At the conclusion of the hearing, thc CILB or Special Master.shall orally cendcr an order bascd on evidcnce entercd into the record. In thc case of i 9 � 2 3 4 5 6 7 8 9 10 Il 12 13 14 - IS 16 17. 18 19 20 21 22 23 24 25 26 27 28 29 - - . hearings before the CILB, the decision shall bc by motion approvcd by the . affirmative vote of those persons p�esent and voting, cxcept that at least four membcrs of the CILB must vote for the action to be official. An order setting : forth findings of fact and conclusions of law shall then be mailed to the � � respondent within ten days of the hearing. . 7. If the CILB or Special Master finds that a violation exists, the CILB or � Special Master may order the respondent to pay a civil penalty of no more I than S1.000 per day for each violation. In determining the amount of the ` � penalty, the CILB or Special Master shall consider the following factors: � 1. The gravity of the violation; � 2. Any actions taken by the viotator to cornct the violation; and j � 3. Any previous violations committed by the violator. j D. I "ien• . A certified copy of an order imposing a civil penalty against the respondent may be ` recorded in the public records and thereafter shall constitute a lien against any real or personal � i property owned by the respondent Upon petition to the Circuit Court, such order may be enforced � I in the same manner as a court judgment by the sheriffof the state, including a levy against personal � property. The order shall not be deemed a court judgment except for enforcement pwposes. A civil � i penalty imposed pursuant to this part shall continue to accrue until the respondent comes into j compliance or until judgment is rendered in a suit to foreclose on a lien, whichever occnrs first. j 1 After thrce months from the filing of any such lien which remains unpaid, the CILB or designated i Special Master may authoriu the local goveming body's attomey to foreclose on the lien. No lien � created pursuant to this part may be foreclosed on real property which is homestead, under Section � 4, Article X of the Fiorida Constitution � j I E. Dismis$al. I i If the respondentor his designatedrepresentativeproves at the administrativehearing � that the citation is invalid or that the violation has been corrected prior to appearing beforc the CILB I / � or Special Master, the CILB or Special Master may reduce thc fine or dismiss the citation, unless ;� the violation is irreparable or irreversible. i � 10 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 IS 16 17 18 19 20 21 �2 23 24 25 26 27 28 29 i IF. Anneal to Circuit Court. . An aggricved party, including the locai goveming body, may appeal a final : administrative order of the CILB or Special Master to the Circuit Court. Such an appeal � shall not be a hearing de novo but shall be limited to appeilate review of the record crcated �at the hearing. The appcai shall be filed within 30 days of the execution of the order to be ' I appealed. { G. Semce of Notice. j Proper notice of hearing is given where notice has been mailed to the respondent by � certified mail, return receipt requested; by hand delivery by the sheriffor law enforcement ; or invcstigator, by leaving the notice at the violator's usual place of residence with some � I person in the family above fifteen years of age and informing said person of the contents of i the notice; or where an investigator, under oath, testifies that he/she did hand deliver the i citation to the respondent which included a hearing date. • F. Refusal to Aceent Citatipn. � t Any person who willfully refuses to sign and accept a citation issued by an i investigator commits a misdemeanor of the second degree punishable as provided in Fla. ; � � Stat. § 775.082 or § 775.083. ' i SECTION 4. CEASE AND DESIST ORDERS � i , I' The investigatorshave the authority, in accordancewith Article 14 of the Palm Beach County ! 1 Unified Land Development Code and F.S. Chapter 489. to issue a cease and desist order in the form I 1 of a written official order to prohibit any person from engaging in the business of contracdng who • i does not hold the required certification or registration for the work being performed. The cease and � desist order may be posted on the premises where such violation has been committed or exists. . SECTION 5. CRIMINAL VIOLATIONS. I Any person who commits an act prohibited by Section 2 of this Ordinance may be charged ' I with a first degree misdemeanorand may be punished accordingly. In accordance with the Florida ( Statutes § 489.127, any un(iccnsed person who commits a violation of section 2(A) of this I / Ordinance, aftcr having been found previously guilty of such violation, commits a felony of the third � degree. In accordance with Florida Statutes §489.127. any person who rcfuses to acccpt a citation I 11 � 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 � 27 28 29 commits a second degree misdemeanor. SECTION 6. ISSUANCE OF NOTICE TO APPEAR . The investigatorswith the ContractorCertificationDivisionaze designatedcode enforcement ; officers pursuant to Fla. Stat. Chapter 162. Pursuant to the authority set forth in Fla. Stat. Chapte� ; 162, ari investigator may issue a Notice to Appcar at any hearing conducted by county court if the investigator, based upon personal investigation, has reasonable cause to believe that a locally � ( licensed contractor or unlicensed contractor has committed a prohibited act set forth in Section 2 i of this Ordinance. A Notice to Appear means a written order by an investigator in lieu of arcest i requiring a person accused of violating the law to appear in a designated court at a specified date and { I time. Prior to issuing the Notice to Appear, the investigator shall provide writtcn notice of the i violation of this ordinance and shall establish a reasonable time period within which the person mast � i correct the violation. Such time period shall be not less than 5 days and no more than 30 days. If � upon personal investigation, the investigator finds that the person �has not corrected the violation � I � � within the prescribed time period, a Notice to Appear may be issued to the person who committed � the violaGon. The investigator is not required to provide a reasonable time period to correct if there ', I is reason to be(ieve that the violation presents a serious threat to the public health safety and welfare, � or if the violation is irreparable or irreversible. f � $ECTION 7. APPLICABILTTY This ordinance shall apply to the unincorporated areas of Palm Beach County pursuant to � the Special Act, Articie VIII and Ftorida Statutes Sec. 489.127. Municipalities may, by interlocal I : agreement with the County, and ordinance or resolution, authorize enforcement of this ordinance � within the municipality. _ I SECTION 8. ENFORCEMENT. � A. Nothing hecein contained sha11 prohibit the County from enforcing its codes and ordinances by any other means. Nothing herein contained shall prohibit the CILB from exercising its full authority pursuant to the Special Act and Fla. Stat Chapter 489, as amended_ / B_ The Director oC the Contractor Certification Division and CILB arc authoriud to inspect and audit the records ot coristruction firms to detcrmine 12 � i 0 � 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 �q compiiance with this ordinance, the Specia! Act, and Fla. Stat. Chapter 489, based upon reasonablesuspicion that a violation of any law or ordinance has occurred. � C. The Director of the Contractor Certification Division and C(LB are � � � authorized to subpoena records, surveys, drawings, contracts or other � documentary materials regarding activities regulated by this ordinance, the ' Special Act or Fla. Stat. Chapter 489, based upon reasonable suspicion that � I � a violation of any law or ordinance has occurred. , D. The Director of the Contractor Certification Division and CILB are � � authoriz�ed to subpoena telephone company records regarding telephone i i numbers used in advertisements or tistings regarding regulated activity i ! pursuant to this Ordinance, Special Act or Fla. Stat. Chapter 489, where � i address of the telephone number and/or name and address of the subscriber ; is unavailable to the investigator. The information obtained via subpoena ! shall be limited to the name of the person or entity who has obtained phone ; I t service, the mailing address of the person or entity who has obtained phone � service, and the address where the phone line in question is located. � SECTION 9. REPEAL AND SAVINGS CLAUSF. + i Ordinance 86-8, as amended by Ordinance 86-25 and Ordinance 90-23 and Ordinance 94-5, i is hereby repealed in its entirety. All other Ordinances in conflict with this Ordinance are hereby � I repealed to the extent of said conflid. However, all provisions of Ordinance 86-8. as amended, are I preserved for the limited purpose of prosecuting violations of Ordinance 86-8, as amended, which . � violations were committed prior to the effective date of this Ordinance. � � SECTION 10. SEVERABILITY, I If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any rcason � held by the Court to be unconstitutional, inoperative or void, such holding shall not affect the I 1 remainder of this ordinance. / SECTION 11. INCLUSION IN THE CODE OF LAWS AND ORDINANCF.S. The provisions of this ordinance shall bccome and be made a part of the Code of Laws and r 13 0 . , �: 1' Ordinanccs of Palm Bcach Counry, Florida. The scctions of thc ordinancc may bc rcnumbcrcd or 2 rcicttcrcd to accomplish such. and the word °ordinance" may be changcd to "scction". `articic�, or 3 any other appropriau word. - 4 SECT'ION 12. EFFEGTIVE DAT'E 5 The provisions of this ordinance shall bacome effective upon filing with the Secrctar�� of 6 Statc. 7 APPROVED AND ADOPTED by the Board of County Commissioners of Palm Beach 8 County, on the lg�h day of November , 1997. 9 PALM BEACH COUNTY, FLORIDA, 10 BY TI'S BOARD OF COUN'I'1' COMMISSIONERS i l d _ . __ ' . 12 � 13 APPROVED AS TO FORM AND 14 LEGAL SUFFICIENCY OOROTHY H. �NILiCEPJ, CLERn Boar,dJ�f County Commissioners —� !/�� er � +�a•�.�.�. ('�a�o� I � `"'��.C. [`! (/ ' `` -V `� � DEPUTY CIERK 1 1 � F G? �'T� �'y 16 COUNTY ATTORNEY = a. ' G �,�,, =p, �M c`.i,.. �,J',. 'Q GP �- •} : %o: � O tl Pi T,, '' : im. C7$ i • .. _ .. {.� ��i�j�,� � Q �? �G �, C = � '�' — e��,y�� 5��=_ `N......•�� — Filed uith the Deparmpim of State 6� =he = 21 day of November , 1997. S7ATE OF FLORlOA. CAUNTY OF �A1�4 BEACH �, pOROTHY H. WILKEN, ea•otii�io Cie�k ot the Board ot Count� Comm9ssic^e�:: c°'E�'ris to be a true and c�m�ct w� ot ih2 otig��a1 i::a:� w� my �ttice � � � - - • • s - on _ f r : : . . . : -- ' �2��//9T_ . �` DATED est�slm Beach. Fl cn �� ppa Y . WILKcN�lerkl / Bl. �%�l.r / , �C1�r�i,c,P D:c / . � 7 G��COMMOt{�G'PDATMENV(RVtDU1:EKRBKONTCRA.ORD 14 Amendment 1 to Ordinance 18, 1999 Ordinance 18, 1999, as approved on first reading, is amended as follows: 1. The title block is amended so that it shall read: "AN ORDINANCE OF TI� CITY OF PALM BEACH GARDENS PROVIDING FOR SUSPENSION OF ACCEPTANCE OF APPLICATIONS FOR DEVELOPMENT PERMITS FOR A SPECIFIC PERIOD; PROVIDING FOR EXEMPTIONS L' AVL' 1 11V1 V J� PROVIDING FOR A PROCEDURE TO SEEK AN EXEMPTION; PROVIDING FOR SEVERABILIT'Y; AND PROVIDING FOR AN EFFECTIVE DATE." 2. The second `whereas' clause is amended so that it shall read: "WHEREAS, the City Council has approved and the City Administration has begun to implement the revision of the land development regulations so as to accomplish these municipal purposes, including initiating a request for proposals for planning consultant services, initiating certain code revisions, and employing additional in-house plannin� building, and code enforcement division assistance; and" 3. The first enumeration in Section 3 is revised from a`1' to an`a'. __ __ 4/7/99 ORDINANGE 18, 1999 AN ORDINANCE OF TI� CITY COUNCIL OF TI� CITY OF PALM BEACH GARDENS PROVIDING FOR SUSPENSION OF ACCEPTANCE OF APPLICATIONS FOR DEVELOPMENT PERNIITS FOR A SPECIFIC PERIOD; PROVIDING FOR EXCEPTIONS; PROVIDING A PROCEDURE TO SEEK AN EXEMPTION; PROVIDING FOR SEVERABII,ITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens finds and dec]ares that in order to promote the health, safety, mora]s and genera] we]fare of the City, it is necessary to amend the City land deve]opment regulations so that they adequate]y address the maintenance and enhancement of various pub]ic faci]ity and services ]eve]-of-service standards, and to implement the City's comprehensive p]an and its Vision and Strategic P�an, and thereby promote and maintain the quality of deve]opment within the City; and WHEREAS, the City Counci] has approved and the City Administration has begun to imp]ement the revision of the ]and development regu7ations so as to accomplish these municipal purposes, inc]uding initiating a request for proposa]s for p]anning consultant services, initiating certain code revisions, and emp]oying additional in-house p]anning, bui]ding and code enforcement division assistance; and WHEREAS, in recent months, and because of the sa]e of the MacArthur Foundation ]arge city ]andho]dings, the City has been made aware of greatly increased interest on the part of private deve]opers to deve�op large parce]s of heretofore undeve]oped ]and within the City, at a greatly acce�erated pace; and WHEREAS, the City has a responsibility to ensure that growth and deve]opment within the City occurs consistent with the pub]ic hea]th, safety and genera] we]fare, and to maintain its standards for qua]ity growth and deve]opment; and WHEREAS, it is necessary to suspend the acceptance by the City of applications for development permits for projects that wi]] create additiona7 impacts on City services and faci]ities, pending the necessary revisions to the ]and deve]opment regulations. NOW, THEREFORE, BE TT ORDAINED BY TI� CITY OF PALM BEACH GARDENS: Section 1. No app]ications for development pernut approva], except as provided herein, shal� be accepted by the City of Pahn Beach Gardens for a period of one hundred eighty (180) days subsequent to the date this ordinance becomes effective. Section 2. App]ications for deve]opment pernuts which are filed with the City and accepted by staff as comp]ete prior to the effective date of this ordinance sha]� continue to be processed by the City of Pahn Beach Gardens in accordance with the rules, procedures, regulations and ordinances in effect on the effective date of this ordinance. Section 3. The fo]]owing shall be exempted from the suspension provisions of this ordinance, provided that, in the cases of paragraphs b through f be]ow, app]icants proceed under the procedures in Section 4. a. Deve]opment pernut applications for a sing]e family residentiaJ bui]ding an� or its accessory uses to be ]ocated on a platted or unplatted �ot; or b. Deve]opment permit applications for additions or modifications to existing nonresidentia] uses where the addition or modification is equaJ to or ]ess than five percent of the existing square footage; or c. Development permits for use of ]and which, without the permit, wou]d suffer a temporary regu]atory taking under the criteria described in Reahard v. Lee County, 968 F.2d 1131 (11�' Cir. 1992), that is, on the basis of the facts of the particular case, whether the ]andowner wil] be denied substantial]y a]] beneficia] use of the property, considering the economic impact of the temporary suspension and the extent to which the temporary suspension has interfered with the ]andowner's investment- backed expectations. Among the factors to be ana}yzed under these criteria are: the history of the property, the history of the deve]opment, the history of the property's zoning and regu7ation, any change in deve]opment when tit]e passed, the present nature and e�ent of the property, the reasonab]e expectations of the ]andowner and neighboring ]andowners, and any diminution of the ]andowner's investment-backed expectations; or d. Properties which are vested from any changes in ]and development regu]ations pursuant to ]aw; or e. Any development permit for a permitted use that does not increase the burden on the fo]]owing City faci]ities and services, beyond those impacts that reasonab]y can be anticipated under prior existing va�id deve)opment approva]s: roadways, drainage, parks and recreation, fire, po]ice, potab]e wastewater, so]id waste, and emergency medica] services; or f. Rehabilitation or rep�acement of existing structures and associated ]and to correct substandard or obsolete conditions. 2 Section 4. Any app�icant desiring an exemption from this ordinance sha]] submit an application for exemption to the growth management department, with accompanying evidence that the app]icant is entit]ed to the exemption pursuant to Section 3. The deparhnent sha]] make a determination of the app]icant's eligibi]ity for the exemption and render a written decision thereon within 30 days of receipt of a complete app]ication. The determination may be appea]ed to the Zoning Board of Appeals, pursuant to Division 2, Artic]e III of Chapter 118 of the City's Code of Ordinances (as amended), within 30 days of the written decision. Section 5. If any provision of this ordinance sha]] be he]d by any court of competent jurisdiction to be unconstitutiona] or inva]id for any cause not essentia]]y contro]]ing the other provisions hereof, the same shal] be considered as e]iminated and not affecting the va]idity of such other provisions. Section 6. This ordinance shal] take effect upon second reading and adoption in accordance with ]aw and the Charter of the City of Pa]m Beach Gardens. Attest: Placed on first reading this 29`� day of March, 1999. P]aced on second reading this day of , 1999. Passed and adopted this day of City Clerk Approved as to Form and Sufficiency City Attorney 3 , 1999. JOSEPH R. RUSSO, MAYOR LAUREN FURTADO, VICE MAYOR ERIC JABLIN, COUNCIL MEMBER DAVID CLARK, COUNCIL MEMBER CARL SABATELLO, COUNCII, CITY O]F PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date:, Apri115,199� Date Prepared: , Apri16,1999 Appointment of One (1) Member to the Beautification and Environmental Committee Subject/Agenda Item Consider a motion to approve Resolution 58, 1999, by inserting the name in Section 1. Recommendation/Motion: Reviewed by: Originating Dept.: Costs: $ Council Action: Administration Total City Attorney [ ] Approved Finance $ [ ] Approved w/ � Current FY conditions ACM [ ] Denied • Human Res. Advertised: Funding Source: [] Continued to: Other Date: [ ] Operating Attachments: Resolution 58, 1999 [] Other List and Copy of Application Paper: Su �mitte by: [ X] Not Required Adm Asst to Ci�ger Affected parties Budget Acct.#: Approved by: [ ] Notified [ ] None City Manager [ X] Not required BACKGROUND: The Beautification and Environmental Committee has one vacancy due to a member resigning. The City has received one application for appointment to the Committee, which has been reviewed by Council Liaison Dave Clark. Staff recommends the approval of Resolution 58, 1999, inserting the name Sandra Foland in Section 1, to fill the unexpired term of Baqir Murtaza Syed, M.D. Apri16, 1999 RESOLUTION 58, 1999 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF ONE (1) MEMBER TO THE BEAUTIFICATION AND ENVIRONMENTAL COMMITTEE OF THE CITY OF PALM BEACH GARDENS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2-101 of the Palm Beach Gardens Code of Ordinances provides for the appointment of inembers to the City's Beautification and Environmental Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Pursuant to Section 2-101 of the Palm Beach Gardens Code of Ordinances, is hereby appointed as a regular mem�ber of the Beautification and Environmental Committee to fill the unexpired term of Baqir Murtaza Syed, M.D., which term of office shall expire June 16, 2001. Section 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS ATTEST: L1NDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO DAY OF APRIL 1999. JOSEPH R. RUSSO, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT CURRENT MEMBERS BEAUTIFICATION & ENVIRONMENTAL COMMITTEE (9 Members - 3 Year Terms) TERM DATE MEMBERS TERM EXPIRES APPOINTED Audrey Marton (3 yrs.) 3/21/2000 4/16/98 119 Lost Bridge Drive Palm Beach Gardens 33410 Home: 626-4355 Jeffrey Renault, Chair ` 11043 Oakway Circle 33410 Home: 626-8806 Work: 626-4653 Bettie B. Marks 5155 Peppercorn Street 33418 Home: 622-3219 John S. (Jack) Hughes 9 Alnwick Road 33418 Home: 622-6995 Work: 627-0707 Sally Wilks 268 Canterbury Drive W. 33418 Home: 627-0771 Connie Premuroso 163 Eagleton Court 33418 Home: 622-9256 Work: 747-5244 Vacancy Joe Royals 611 6th Court 33410 Home: 625-1558 Work: 838-5130 Susan Wood 522 Sth Court 33410 Home: 627-8145 Work: 694-3000 B & E.Mem 4/6/99 (3 yrs.) (3 yrs.) (3 yrs.) (3 yrs.) (3 yrs.) (3 yrs.) (3 yrs.) (3 yrs.) 6/16/2000 6/16/2000 6/16/2000 6/16/2000 6/16/2000 6/16/2001 6/16/2001 6/16/2001 6/16/88 11/20/97 reapp. 6/16/88 11/20/97 reapp. 12/17/98 app. 6/20/96 11/20/97 reapp. 11/20/97 app. 7/2/97 Reap. 7/2/98 9/1/94 Reap. 7/2/98 i i Date Ap�lied 3/19/99 B&E-app.lst 3/25f99 City of Palm Beach Gardens BEAUTIFICATION & ENVIRONMENTAL COMMITTEE Application Applicant Exp. Date 3/19/2001 Sandra Foland 5631 Whirlaway Road Palm Beach Gardens 33410 / Phone Numbers H: 627-3643 W: 863-7446 Occupation Owner of Baron Sign Mfg. 0 _ _ -��-. -- -- --... ..�. __._.. --- --��- CITY OB PALM BFACR GAItUE1�I8 APPLICATION �'OR POSITIONS ON ADVISORY BOARD($) �'he Ciry of Patm Seach (�ar�iatie has sevrrai a,dvlsory/autonomo� boards ns+der� eern oa as wlunoeers. 'Iho follow'sng la a�l:t of tt� boerds et1Q a wery, brief eyaapgis vf theu �espoaeibil'�tice: Art Adrisory Cotnmittee: Mccts.as nocdod (�ninim�un onx pet mo�th) to revlew platuied projecte and subm'sttals of Art to doter�aine complianoe with the Arta in Public Plsces Ordinsrtcs. BcaatH9cation �4 Envfroamencat Coerrn�itoee: Meets at 7:30 p.m. on the 2nd Wedaesday of aach moati�. This board tnakes rmccttunendations ta ti�o Ciry Cauocit te�tding tfK bc�cifkauon of City propecSv and the ststvs of the environment throughout tha Clty. Code ERfoCC��n�nt Boacd: M�ots at i p:m. vn Mondays, w� �med n�assary. This quesi judkial board iasues findings of fact ead coisctvstons of Iaw to 8cing cercairi violations to the City`s Code ia compliance. Edncatioa Ad.dsory Anud: Mccts et 7:30 p.m..aa rhe 2nd Wednosday of esch moath. This board makes recomcndatioaa to the Ciry Couacii ws�cariiug ZE�e needs sad rococtur:ended soaps to lx taken to lmpro�e tetsaonships aa6 perfotman� of locat schools. Ptaarting dt Zonta� Soard: Me.ets cegutariy at 7:34 g.m. on tho 2nd attd 4th �esdaiS's nfesch mo�. Shis hoard is vested wltl� ttto jurisdicsion of matdng fora�al �ccomme��!?�t}oas to rho City Couatii on maftcra pe�taiai;i� w 1A„� usage, and �s �apo,nsiblo �rr caasidcri�� all sitc aad appcataacc plat�s for acw pmjccts wit}�in the City. RacreatSon Advlaory Bcard: Mcofs st 7�0 p.m,.oa �to 1st Y�eaday of each motith. This bonrd tstelces trcommeadations to the CounciI coaco�zittg ci�.e devekpsncat, opefetion. malatdoanc�, flna�ncit�g, etc. of reercat�oi1a1 amu�itice/programs. P�aston Boarda:. Polia, Ffretoea•r a4d G�eral Empioyeea. Thcse boe:d9 meet ai various times, usually anca a momh ar onco Qvay 3 months, attd ma�c Qccisiona tegat�ding prnsioa fuad im+r�tmont portfoiios anC ochdr peaa3ot� taansgaacm iasnp. TC you are willin� to Betve as a tegular or a}ternabc mcmbcr of oao ot morc of th�sc boards, ple�e oott�lete the fallowing applicetton form and forward ii to tho C'�ty p«k's Offu, IOS00 N. Military'I�ail,.Patm Bese9 Gardens; Flotida 33410. _ _ - - � � � _ - �[ease Print in Black 1'Kk City of Palm Beac6 Gardena APPLI� �7,4i�2°fY7'%�_��/�,�if'/'� � � �/%%�,� Board(s) Applied f�/'��i��%�//�ll Q� .!�l/li�_ 4�/�%%%/S Date:. �%� � Name: _ S�i(%�� /�� j Phone: H lv�'��l0__`1'(3 W__ ��,� �:�1'".� �aa�s: _ ��3/ l�i�//<?,G�/i�C/ i�'�� , .Si "��°.�� . - - - - --- -- I - ' / . How long have you bee�n t► resident of Pa]rn $oach Gardens? o� � G1/�S Patrn Beach Councyt Employcr� _ . o,��%�''�(3" Pvsition: - � - - - How Long?1�y.�-�—� Plcase attaeh a resurAe w yovr aQpticacian or use apece beloar to seutus�arize qnalifiesrivns and e�er�enee acquired that would be hetpfitl to the BoarQ(s) for which 1� � aPPtY� CLe., educatiosi, employmcnt, patticipatfon in servico organtzations or elubs): . Si�aaLUre _ _ ,��i -�� v. -. - . _ , � Zd WdL0:S0 666T 6T '-�QW .'ON �NOHd : W021� A�VISIONS: w�a p�;n�a Ssndbiasr,ed Billboards �n�� Laser Engraving nnn s��a�� ([iraillcj . Irtterior Signage aW�ra: screeprintcing Signs 8z Displays Floor Plans sales o�i'�ces Electrical �sntea r.�i�� Pole Signs _ •,n;� ,�� :cal z,n�«s Nean ('.:�hinec s;gns GcapIucs Compuoaixod Lat+�ing Arrt,tcoaural Graphics Signagc SyStems Desigii DcpBZtmenc c�� « Iitclled Glass Marbk Graniu RESUME Sandra Foland 5631 Whirlaway Road Palm Beach Gardens. F�, 33418 Tel: 561 �27,3643 (home) ` Tel: 561-863�7446 (wo�'k) . Maritai Status: Married 1970 Chiidren: One adult claughter Tifusviile High School, Titusviile, FL Florida State University, Ta(lahassee, FL Dale Camegie Training Course Work Experience: F(orida State Boa�d of Regents State of Fiorida Legisfature Pacific intermourrtain Express Seatrain Transportation . .. � � � � � ' Relocated to Genoa,�ttaly,. ~ -�'"'`°=:=:,. :}-�:.:�: �: .�_ Y1xCYr.a• �r:e.�.p:.�, Co founded The Baron= '' � `' ' "� � `" ' �� .'�,�•a,r,.Y:is -Graduated 1960 -Graduated 1965 -Graduated 'f 988 -1963 -1965 -1965 - 1967 - _ 1967 - 1968 -1968 -1970 -1970 - '! 983 � •v�:-`: �?' s'-�i�� '� � �' ..;- ; B r n Manufa :.:-.=;.;:a:.� �.-� � sr�: �;` :=:` . �- _ �j"_ A77t� i�� a on Si9 ��?�� x.. ;�.a�=�;, ••• 1983 resent • Co-founded Baca ��z�:. �� ,:,- .x= _ .-.;��;,;. _ 9� P c��1dJ�eril�ir�(��orp�: " '== ..:...:: :�:� � 1 . . . • . . . a�r.; -^- `t� " �s . `� Nii -..:_ . • . • . . , ' ' r�,'�E's"'irJs-54., a!'=i_��. -"�iif�:� '':Li:E�S: � _... . � : c._ „ 4, .._ .:::.;'. ��. . . - �•, ... • . ., .. . -�. . i"iy•,y : itr' . ' }e. � ' ' . t: a, . . . . •. Oufside..interests aniiiAi�ie��.�eri�e�#s4; •.� ��.. ��:;<: . �: . a : " �. �• ,�, ��L7'� ;'�' •rai �6: 5��9°.y13�._:'=t� � r_ ,�"'. .i. r� . ' . ,� .3:-v: ' i � t'•s�:.. � t.y' .lr� �•�:.��•:. . - i _ Fr.. " .. � `�Ex4j� .. . .�°•'ie;;; �s!-c__• "k?i �..,. _:..:_:�i __ ,..��4? •, t '�'s ,. . �Member ofthe � �"_ •:_ .,.: �. �<_� . ' _ • N �ae�,�aer�s.��d: Coiatract��;a�socFation: � '. . f� IVtemi�er of . .. _.� .. -- `: � ' .: , ._ ��..._ . . - -�.� _._. .� .:�� . ..._ : �ssv'" e+c��eiie�al� =orit�`ai�o " '�' . � . o�''� CS�:_Ft �� ..• . : � '.,?.;<.. •. .•ts:sro` r ��c.� . .��_.:-sr.x�._� S f = .` i:—. r L-' }�J�1n.��'�[�•x_: /� �,�, {'i Y.r.g `ii?. � � -f�1il;e�be��f:fFie��lo�th�er r.F71!�i; �? g�L�it]iilb�f �i n F,l.�i;�.'. , • � _�-•.: • • _ • . .. . ��' �?� fCommeYce��°-��:� . �_'" � .t ' � � � �Fs •.f3.2L�X�.k; a�'Sti.e::w'..n . -'. . • '_'• . : .•.�-�VI�'ember�of,�the Na�io�i�I�EI'�ect��c�Si� -;As�o'cra#ion � .. -..._... ._... , �.;:;.:.. �-,..�..� � _ . . ... .__.. • '1Vie'mf�er"of the Floi'ida��ign-�Xssocia��on�"� . " ' �� '- � • Found,ing Member and: Past Presidenf� of the Executive Association of the Palm Beaches � (009 NcWmnn I2oad • Lake Park. Florida 334n3 • TEI_: (561) 863-7446 • FAX: (561) A48-2270 � INTERNEL- httplwww.btttonsign,com Licenscd Elcctrical Sign Concr�ccor U- [G43U �d Wd80:S0 666T 6T '-�PW . 'ON �NOHd : W02l� � • Member of ihe Minority Counci! for fhe School Board of Palm 6each Gounty • Member of the Community Networlc Committee for the Palm Beach County School board • Board of pirectors �f the Adam Walsh Foundation • Board of Directors of tfie Susiness Develapmerrt 6oard of Pa(m Beach Counfy fior a 4 year #erm • Executive Board of the Busi�ess Developmenf Board of Palm Beach County 1996 -1997 Executive Board of the Private lndustry Council • Nominated fo� the 1993 GovemoPs 6usiness Leadership Award • Advisory Council for the Northem FAU Campus • Newiy insfalled as a Board member for fhe Northern Palm Beaches Chamber of Commerce • Reappointed to the Executive Board of the Business Development Board of Patm Beach County 1998-1999 � Appointed to the Board of Beautiful Palm Beaches, Inc. 1998 • Member o# the Chamber of Commerce of the Pa�m Beaches • Member of the Wome�'s Chamber of Commerce of Palm Beach � County • Appoirtted to the No�Ehem Palm Beaches Chamber of Commerce Political Action Committee a/k!a NORTHPAC 1998 • vice-Chair of ihe Business Development Board of Pa(m Beach County 1999 � bd Wd60:S0 666t 6T '-��W .'ON �NOHd : W02l� RESOLUTION 59, 1999 A RESOLUTION OF THE CITY COUNCII, OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A FORBEAI2ANCE AGREEMENT REGARDING DEVELOPMENT WITHIN THE CITY OF PALM BEACH GARDENS; AND, PROVIDING FOR AN EFFECTNE DATE. WHEREAS, the CFC is the successor-in-interest to certain lands previously owned by the John D. and Catherine T. MacArthur Foundation; WHEREAS, CFC has sold, contracted to sell, or intends to contract to sell approximately 1,912 acres of the lands to certain third-party purchasers ("Successor Group"); WHEREAS, as a result of the sale of the lands to CFC, and thereafter to the successor Group, the development in the City is expected to rapidly accelerate; WHEREAS, as a result of prior experience with the implementation of its land development regulations and the accelerated pace of development in the City, and in order to promote and preserve the health, safety and general welfare of the City, the City has determined that it is necessary to review and revise the City's Land Development Regulations to improve its development standards and procedures to meet public need, including but not limited to, potential changes to level of service standards for various public facilities and services; WHEREAS, current staff constraints contribute to the difficulty of addressing the necessary changes to the City Land Development Regulations, the existing workload and the proposed and anticipated development applications, even while the City akeady has taken steps to obtain sta.ff and consultant assistance; WHEREAS, City staffhas recommended the adoption of a rnoratorium ordinance to enable the City to adequately address the effects of the anticipated acceleration of development; WI�REAS, CFC, and the Successor Group, desire to cooperate with the City to avoid the adoption of the recommended moratorium and to investigate alternative means by which the City can address the anticipated acceleration of development, including, but not limited to, forbearing from applying to the City for development permits for a specified period of time; WHEREAS, CFC has recorded deed restrictions in the public records of Palm Beach County which limit the derisity of development of certain lands; and WHEREAS, CFC, the Successor Group and the City agree that this Agreement will mutually benefit the several parties. Resolution 59, 1999 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the Forbearance Agreement attached hereto, as if fully incorporated herein, between the City, CFC, and the Successor Group. SECTION 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF APRIL, 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 i 04/13/99 15:52 FA% 1 407 392 9228 BLTRRE V9EAVER PR Amendment 2 to Ordinance 18, 1999 Ordinance 18-i999, as approved on first reacl�ng, is amended as follows: 1. 2. 3 �`he title block is amended so that it shall read: "AN ORDINANCE OF THE CI'I'Y OF PALM SEACH G�RDENS PROVIDING FOR SUSPENSION OF ACCEPTANCE OF APPLICATIONS FOR L`� :,�,.,LCn� �:'i' �� CO�I;CURRENCY CI:R7'IFZCATIONS FOR A SPEGIFIC PERIOD; PROVIDING FOI.Z FXEMPTIONS ��'^�'"T'^�'�; PROVIDING FOR A PROCEDURE TO SEEK AN E�MPTION; PROVIDING FOR SEVERABTLITY; AND PROVIDING FOR AN EFFECTIVE DATE." The first "whereas" clause is amended to delete "1996." The second "whereas" clause is amended so that it shall re�: ' "W�IEREAS, the City Council hc� approved and the City Admini.stratiou has begun to implement the revision of the land development regulations so as to accomplish these � municipal purposes, includ�ng initiati„g a request for proposals for planning consultant services, 1riC111d1IIg CEi'ra�r COC� icVI510IIS, and empIoying additional in-house r�ti. :: :�, Pla�ning, BuildinQ, and Code Epforcem�nt Division assistance; and" Q 5. Add the following fourth "where�s" clause: "W�-�REAS, th� Citv a�,d the Purchasers of and�uccessors in interes:t.to the samP MacArthur Foun�tioa Iandholdin�s have entered into an ��ement with the Citv to coo�ezate on the necessarv studv and nhasin� of prqjects so as.to better ev��?Ai'P �](? imnacts o�potenfial develonment�nd° The fifth "whereas° clause is amended to read as folIows: "WI�REAS, it is necessary to suspend the acceptance by the City of appIications for ' \dM V baLraaa u r�:,�,:w concuffe�j _certificati� for proj ects that will create additional , impacts on City services and facilities �y�.uuiu� `...L..:. �.:.:..:aowy �r."ri�iv� �:, `�...�"�.. iwa� .7.-.__.-.1..._�,._a �...r__l..t:...___ 11 � � . � . � � . . �LVYblvriLL�rLa�LV�WlLUVl1J.. ' ' . ' . 6. Section 1 is amended to read as fc�llows: "No applications foz �e�e}a�eai �,:��it urr��:a: concurXency certificat�pp_ except as provided herein, shall be accepted by the �ty of Palm Beach Gardens for a period of ;,u:, � :::a; �� c��; �� six!_y (60) subsequent to the date this ordinance becomes effective." �. Section 2 is amended to read as fc�llows: � 002 04/13/99 15:53 FA% 1 40? 392 9228 BURRE `6EAVER PR 8. 9. 10. 11. ��Applications for uc:-;,�:,�.,.:�:.+� r:.:,.�;w s�ncurrencvi certificat�ns which are filed with the City and accepted by staff as coniplete prior to the effective date of this ordinance, excegt as the nrocessin�9fxhose annlicutions ar�aQreed to be susAende,d by applicants, shall conti.nue to be pYocessed by the C:ity of Palm Beach Gardens in accordance with the rules, �racedures, regutations and ordinances in effect on the effective date oithis ordinance." Section 3 is am.ended to delete the phrase "in cases of paragraphs b through f below;". Section 3 is amended to delete subparagraph a. Section 3 is amended to delete subparagraph b_ Section 3, subparagraph c_ beconies subparagraph a. and reads as follows: ��. ,��__�,�___�w=_=_-...,, �_.___ ��+..,a Concurrencvi certifica.tion annli ons far LbYriVriuVaaL rrva4A�AW 1Vl YJ�. Ut iuiau �_ � nroperty w�iich, without the peraii� certi{_ 'on would suffer a temporary regulatory taking tmdez the criterna described in Reah�rd v, Lee C�untv. 968 F.2d 1131 (11�' Cir. 1992), that is, on the basis of the facts of the particulaz ca.�e, whether the landowiker will be denied substaatially all beneficial use of the property, considering the econom�ic impact of the temporary suspension and the extent to which the temporary suspeiision ha� interFered with the landowner's investment- backed expecta.rions. Among the factors w be analyzed under these criteria are: the history of the property, the history of the development, the history of the property's zonin� and regulation, any change in development when tifle passed, the present nature and extent of the properly, the reasonable expectations of the landowner and neighboring landowners, and any diminution of the landowner's investment-backed expectations; oz' 12_ 13. 14. 15. Section 3, subparagraph d. becomes subpazagraph b. and is Amended to read as follows: �" �'_--°--`:-� --,'�:-`- �-- Concurt�o.cvi certification annlica� ons for proFer�.jy that is . � �vr.,� �..� ......,.. �..,. _ - - � vested pursuant to Iaw; or" Add Section 3, subparagtaph c. as follows. '�c. . Projects euemnted from coacurrency certif��tion nu�taant to Section 90-62_ Cs��e�;f ' Ordinances Qf_the City of Palm Beach Garde�s; " Section 3 is amended to delete subparagraph e. Secti.on 3 is aimended to delete subparagraph f. 16. Section 4 is amended to read: � �ooa 04/13/89 15:53 FA% 1 407 392 9228 BURRE WEAVER PR '�ection 4. Any applicant desiriiig an exemption from this ordinance shall submit an application for exemption to the growth managemem depar�ient, with accompanying evidence that the applicant is entitled to the exemption pursuant to Section 3. The department shall make a detc��ina.tion of the applicant's eligibility for the exemption and render a writtea decision thereon within 3$14 calendar days of receipt of a complete application. The determination may 1se appealed to the Zon�ng Board of Appeals, pursuant to Division 2, Article IIT vf Chapter 11 S of the City's Cade of Or�l�nances (as amen.ded), within 3s 14 calendar days of written decision." 3 (7j 004 i � .x _.,.r FORBEARANCE AGREEMENT Wed., April 14, 1999 As of 7:00 p.m. THIS AGREEMENT is made and entered into this day of April, 1999 (the "Agreement"), by and between Communities Finance Company, a Delaware corporation and a wholly-owned subsidiary of Watermark Communities, Inc., a Delaware corporation (��CFC"), the City of Palm Beach Gardens, a Florida municipal corporation ("CITY"), and those parties identified on the attached Exhibit "A" (collectively, the `�Successor Group"). RECITALS A. CFC is the successor-in-interest to certain lands previously owned by the John D. and Catherine T. MacArthur Foundation, a description of which is set forth in Exhibit "B" attached hereto and made a part hereof (the "Lands"). B. CFC has sold, contracted to sell, or intends to contract to sell certain parcels of the Lands to certain members of the Successor Group. C. As a result of the sale of the Lands to CFC, and thereafter to the Successor Group, land development in the City is expected to accelerate rapidly. D. As a result of the anticipated acceleration of development in the City, and in order to promote and preserve the health, safety and general welfare of its citizens, the City has determined that it is necessary to review and revise the City's Land Development Regulations, including but not limited to, potential changes to level of service standards for various public facilities and services. E. City staffing constraints contribute to the difficulty of addressing the necessary changes to the City's Land Development Regulations, the existing workload and the proposed and anticipated development applications, even while the City already has taken steps to obtain staff and consultant assistance. Page 1 of 30 F. City staff has recommended the adoption of a six-month moratorium ordinance which would suspend the acceptance of applications for development permits city-wide to enable the City to adequately address the effects of the anticipated acceleration of development (the "Recommended Moratorium"). G. CFC and the Successor Group desire to cooperate with the City to avoid the adoption of the Recommended Moratorium and to investigate alternative means by which the City can address the anticipated acceleration of development, including, but not limited to, forbearing from applying to the City for development permits for a speciiied period of time. H. CFC has caused to be recorded in the public records of Palm Beach County, Florida deed restrictions in favor of the John D. and Catherine T. MacArthur Foundation which limit the density of development of certain of the Lands (the "Deed Restrictions") a copy of which are attached hereto as Exhibit "C" and are incorporated herein. I. CFC, the Successor Group, and the City agree and acknowledge that this Agreement will mutually benefit all parties; and J. CFC, the Successor Group and the City agree and acknowledge that all applicants for development permits for properties not encompassed by the Lands shall be deemed to have received a substantial and material benefit from this Agreement based upon the City's forbearance from adopting the Recommended Moratorium, for which CFC and Successor Group delivered due consideration. NOW, THEREFORE, the City , the Successor Group, and CFC, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby agree as follows: 1. All of the Recitals set forth above are true and correct and incorporated herein and made a part hereof. Page 2 of 30 2. The term of this Agreement shall commence upon execution by the last party (the "Effective Date") and shall run for a period of one (1) year from the Effective Date. 3. Forbearance period. (a) For a period commencing upon execution of this Agreement and expiring 120 days from the Effective Date (the "Forbearance Period"), City shall not review or process applications for development permits submitted by any person or entity for any of the Lands ("Development Applications"). CFC and Successor Group acknowledge that all Development Applications which have been submitted to the City as of the Effective Date shall be considered Stayed during the Forbearance Period (��Stayed Development Applications") and City shall have no obligation to further review or process said applications during that time. (b) At the conclusion of the Forbearance Period, Development Applications, including Stayed Development Applications, shall be reviewed and processed pursuant to the submittal schedule attached hereto as Exhibit "D" ("Submittal Schedule"). (c) Notwithstanding anything to the contrary herein, this provision shall not restrict applications to other regulatory agencies, and City agrees to cooperate with the processing of applications to said regulatory agencies in a manner not inconsistent with the Forbearance Period. 4. Concurrency Moratorium. (a) On April 15, 1999, City shall adopt, by ordinance, a moratorium which shall cause the City to suspend its acceptance of applications for infrastructure capacity reservations or deternlinations of concurrency ("Concurrency Moratorium"). Said ordinance shall take effect immediately upon adoption and shall automatically expire sixty (60) days thereafter (the "Moratorium Period"). (b) All applications for infrastructure capacity reservations or determinations of concurrency which have been submitted to the City as of the Effective Date shall be considered Stayed during the Moratorium Period ("Stayed Concurrency Applications") and City shall have no obligation to further review or process said applications during that tune. Upon expiration of Page 3 of 30 w the Moratorium Period, processing and review of the Stayed Concurrency Applications shall recommence in the order in which they were submitted to the City. (c) The Successor Group and CFC agree that all applications for infrastructure capacity reservations or determinations of concurrency affecting any of the Lands which have been submitted to the County as of the Effective Date ("County Concurrency Applications") shall also be considered Stayed during the Moratorium Period and County shall have no obligation to further review or process said applications during that time. Upon expiration of the Moratorium Period, processing and review of the County Concurrency Applications shall recommence in the order set forth in Exhibit "G" attached hereto and made a part hereof. (d) At the expiration of the Concurrency Moratorium, the City shall begin accepting and processing applications for infrastructure capacity reservations or determinations of concurrency, including the Stayed Concurrency Applications, noiwithstanding the continuation of the Forbearance Period. 5. Successor Group agrees that prior to any member of the Successor Group submitting a Development Application to the City, said member shall submit a copy of the Development Application to CFC, or its assigns as may be appropriate for this purpose, for review of the proposed site plan, landscaping plan, and signage plan ("CFC Review"). City and CFC agrees that CFC's approval of said plans is not required as a condition precedent to said plans being submitted to the City or acted upon by the City. 6. City shall endeavor to enter into an interlocal agreement with Palm Beach County (the ��County"), which agreement shall be mutually acceptable to City and County and which shall address County procedures for accepting and processing applications for traffic concurrency certifications submitted to the County for developments proposed to be located in the City. City shall require, as a condition of it entering into the interlocal agreement; ihat the interlocal agreement incorporate and adopt the concurrency application schedule set forth in E�chibit "G" . City agrees to use its best efforts to enter into the interlocal agreement before the expiration of the Concurrency Moratorium Period. Page 4 of 30 7. During the Forbearance Period, City shall accept and process the Notice of Proposed Change ("NOPC") relating to the Regional Center Development of Regional Impact ("Regional Center DRI") for: (a} the community-serving open space clarification; (b) the proposed conversion of off'ice use to commercial use (Catalfumo) (c) the proposed modifications relating to the neighborhood commercial and residential projects (Kolter). (d) the balance of the CFC Regional Center DRI parcels relating to the proposed conversion of residential (parcel 27.21) and mixed use (parcel 27.17), and the proposed conversion of office to commercial use for the entertainment center property. CFC, Successor Group and City agree that City may require, at City's discretion, such other matters to be addressed by the NOPC as are determined by the City to be reasonably necessary. Notwithstanding that the City shall process the NOPC, review of the site plans for the respective pazcels/uses shall be subject to the Submittal Schedule and shall not be considered for review earlier than is set forth therein, regardless of the status of the NOPC review, unless it is determined to be beneficial to the City. If during the NOPC review process, the City determines that a proposed parcel conversion use would result in a net increase in the impact on any concurrency management system above that approved for the Regional Center DRI, and the Concurrency Moratorium Period has not expired, then that parcel conversion use shall be considered a Stayed Concurrency Application for purposes of obtaining a concurrency determination ("NOPC Stayed Concurrency Application"); at the expiration of the Concunency Moratorium Period, any NOPC Stayed Concurrency Application shall be entitled to be reviewed and processed as if the Concurrency Moratorium had not commenced. Nothing in this provision is intended to effect the vested status of the Regional Center DRI. 8. The City agrees, without necessity for further approval or formal action, that it shall permit concurrent processing of applications for development of the Lands, unless the City determines, based upon its reasonable discretion, that a proposed development fails to meet the Page 5 of 30 requirements of section 118-38(d)(1)(a) through (c) of the City's Code of Ordinances. Nothing herein is intended to supersede the provisions of section 118-38(d)(2) and (3) of the City's Code of Ordinances, and CFC and the Successor Group agree to be bound by those sections, notwithstanding anything to the contrary herein. 9. CFC and Successor Group agree that all Development Applications shall be subject to all comprehensive plan and zoning code amendments which are adopted during the term oi this Agreement and prior to final approval of such Development Application; excepting zoning code and comprehensive plan amendments which change the use classifications or reduce the maximum density or intensity allowable for the Lands to a level below that which is set forth in the DensirylIntensity Schedule attached hereto as Exhibit "E". However, this provision shall not apply to Development Applications for projects within a previously approved development of regional impact, except to the extent already permitted by the existing Development Order. 10. In consideration for the City's forbearance from adopting the Recommended Moratorium during the term of this Agreement, CFC agrees to deliver all of the following: (a) a deed for a parcel of land consisting of no less than 2 acres, in a location reasonably satisfactory to the City upon which to construct a fire station (the "Fire Station"). The appraised value of said land donation shall not exceed $80,000. Insurable title to said parcel shall be delivered free and cleaz of all encumbrances, excepting those approved by the City. Delivery shall be immediately upon expiration of the Forbearance Period. @) A cash payment in the amount of $1.25 million to be used toward construction of the Fire Station by the City. Payment shall be made immediately upon issuance of the building permit for the Fire Station or execution by the City of a contract for construction of the Fire, whichever event occurs later; and (c) A cash donation in the amount of $500,000 to be used to subsidize the first year's operational costs for the Fire Station. Payment shall be made immediately upon issuance of the certificate of occupancy for the Fire Station. Page 6 of 30 The City shall credit fire impact fees to CFC in an amount equal to the combined total of (a) and (b) above. Within thirty (30) days of the Effective Date, CFC shall deliver to the City, in a form acceptable to the City, a surety bond equal to the combined value of (a), (b) and (c) above. 11. In consideration for the City's forbearance from adopting the Recommended Moratorium, and to offset costs associated with the studies and evaluations made necessary by the accelerated development of the Lands and the costs associated with the adoption of this Agreement, CFC shall make a cash donation to the City in the amount of $175,000.00 (the "CFC Payment") to be used for any or all of the following public purposes: (a) to offset the cost to the City of conducting a traffic study of the road network for the area east of the BeeLine Highway from North Lake Boulevard north to the Palm Beach County line. CFC may review and pazticipate in preparing the parameters of the study; however, the City shall have final authority in conducting this study; (b) to offset the cost to the City of conducting a preliminary surface water study of the Lands located east of Florida's Turnpike. CFC may review and participate in preparing the parameters of the study; however, the City shall have final authority in conducting this study; (c) to offset the cost to the City of retaining supplemental City staff and consultants for the purposes of reviewing applications presented to the City for development of the Lands and to amend the City's Land Development Regulations; (d) to offset the cost to the City to conduct a study to assess the future school needs of the City at the projected build-out date of the Lands; (e) to offset the costs and expenses associated with the preparation of this Agreement, including, but not limited to, attorney's fees. Page 7 of 30 The CFC Payment shall be due within in five (5) days of the Effective Date. No portion of the CFC Payment shall be utilized for the payment of the expenses identified in Paragraph 11. (e) hereof until the City has completed the items identified in Paragraphs 11. (a), (b) and (d) and hired the additional personnel contemplated by Paragraph 11 (c). ,However, City shall have no obligation to account to CFC or the Successor Group as to the use or disbursement of the CFC Payment except as set forth herein. 12. In consideration of the City's exposure to claims which may be asserted against it by third parties as a consequence of entering into this Agreement, within five (5) days of the Effective Date, CFC shall pay the City the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00) (the "Claims Fund"). The City may make withdrawals from the Claims Fund at any time for the purpose of indemnifying itself from any and all damages, losses, settlement payments, obligations, liabilities, claims, actions or causes of action, and reasonable costs and expenses (including, without limitation, attorney's and paralegal's fees, interest and penalties, even if incident to appeals) suffered, sustained, incurred or required to be paid by one or more of the City and City's council members, managers, officers, employees and attorneys (collectively, "City's Group") because of the claim of any third party (i.e. a party other than one of the signatories to this Agreement) who asserts or makes a claim against one or more of the City's Group, which claim arises out of, or is otherwise asserted, in whole or in part, as a consequence of this Agreement or the City's execution of same. The Claims Fund shall be maintained in an interest bearing account for so long as there remains any monies in said Fund; provided, however, at the end of four (4) years and two (2) months from the Effective Date, all monies remaining in the Claims Fund, if any, shall be disbursed equally to the City and CFC. 13. CFC agrees and warrants that it will promptly and to the best of its ability monitor, enforce and otherwise cause all members of the Successor Group to comp�ly with the Deed Restrictions and that said Deed Restrictions may not be released or modified without City's consent, which consent shall not be unreasonably withheld or delayed. Page 8 of 30 14. So long as there exists no material default hereunder by CFC or any member of the Successor Group, City shall not adopt any moratorium during the term of this Agreement other than the Concurrency Moratorium. 15. Indemnification of City. (a) Subject to the limitations hereinafter set forth, CFC shall indemnify and save City's Group harmless from, against, for and in respect of any and all damages, losses, obligations, liabilities, claims, actions or causes of action, and reasonable costs and expenses (including, without limitation, attorney's and paralegal's fees, interest and penalties, even if incident to appeals) suffered, sustained, incurred or required to be paid by City's Group because of the untruth, inaccuracy or breach of any representation, warranty, agreement or covenant of CFC contained in this Agreement. (b) Subject to the limitations hereinafter set forth, each individual member of the Successor Group shall severally indemnify and save the City's Group harmless from, against, for and in respect of any and all damages, losses, obligations, liabilities, claims, actions or causes of action, and reasonable costs and expenses (including, without limitation, attorney's and paralegal's fees, interest and penalties, even if incident to appeals) suffered, sustained, incurred or required to be paid by City's Group because of the untruth, inaccuracy or breach of any representation, warranty, agreement or covenant of such individual member of the Successor Group contained in this Agreement. (c) The obligations and liabilities of CFC or any member of the Successor Group (each an"Indemnitor") with respect to clauns resulting from the assertion of liability by CITY pursuant to this Paragraph shall survive any termination of this Agreement and shall be subject to the following terms and conditions: (i) The City shall give written notice to an Indemnitor within 30 days of the date the City Manager becomes aware of a claim for indemnification ("Indemnification Notice") based on the indemnity agreement contained in this Paragraph and of any claim which might give Page 9 of 30 rise to a claim by the City against an Indemnitor based on the indemnity agreement contained in this Paragraph, stating the nature and basis of said claim and the amounts thereof, to the extent known. (ii) To the extent possible, an Indemnitor shall have thirty (30) days from the Indemnification Notice to cure any claim identified in said Notice. 16. This Agreement and the rights and obligations created hereunder shall be interpreted, construed and enforced in accordance with the laws of the State of Florida. If any litigation should be brought in connection with this Agreement venue shall lie in Palm Beach County, Florida. 17. This Agreement contains the entire Agreement between the parties. The Agreement shall not be construed more strongly against any party regardless of who is responsible for its preparation. The parties acknowledge each contributed and is equally responsible for its preparation. Notwithstanding the foregoing, in the event City assists CFC or Successor Group in preparing any of the Exhibits or Schedules required to be prepared by CFC or Successor Group, the party who prepared said E�chibit or Schedule shall retain sole responsibility for the completeness and accuracy thereof, and in no event shall City's assistance be deemed to be a waiver of or defense to any obligations CFC or Successor Group has hereunder with respect to such Exhibits and Schedules. This Agreement, and the E�chibits and Schedules referred to herein or delivered pursuant hereto, contain the entire understanding of the parties with respect to the subject matter, and supersede all other priar agreements and understandings between the parties with reference thereto. Exhibits and Schedules shall be deemed a part of and incorporated into this Agreement. 18. This Agreement shall inure to the benefit of and shall bind�the parties, their grantees, successors or assigns. Page 10 of 30 19. Any party's failure to enforce any provision of this Agreement shall not be considered a waiver of the right to later enforce that or any other provision of this Agreement. 20. Each of the parties acknowledges that damages at law would be an inadequate remedy if this Agreement is not speciiically enforced. Therefore, in the event of a breach or threatened breach by any party of any provision of this Agreement, then the other parties shall be entitled, in addition to all other rights or remedies, to seek injunctions restraining such breach, without being required to post any bond or other security, and/or to seek a decree for specific performance of the provisions of this Agreement. 21. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. 22. Each of the parties hereto agrees that they have received independent and competent advice and counseling concerning the preparation of this Agreement and its terms and conditions herein contained. 23. CFC represents and warrants to the CITY that as of the date hereof, CFC is a corporation duly organized and validly existing in good standing under the laws of Delaware, has the corporate power to own its properties and conduct its business and is duly qualified to do business in the state of Florida. CFC has the corporate power to execute, deliver, and carry out the terms and conditions of the Agreement and has taken all necessary corporate and legal action with respect thereto, and the Agreement has been duly authorized, executed and delivered by it and constitutes its valid, legal and binding agreement and obligation in accordance with the terms hereof. � 24. Within ten (10) days of the execution hereof, CFC shall deliver to the City the following: Page 11 of 30 A. The written opinion of Gunster, Yoakley, Valdes-Fauli, Stewart, P.A., CFC's counsel, dated as of the Effective Date and rendered in accordance with the Opinion Accord adopted by the Florida Bar, that CFC: (i) is a validly formed corporation and in good standing in its respective state of incorporation; (ii) has taken all corporate action necessary to authorize the execution and delivery of this Agreement; (iii) warrants that this Agreement and the other instruments to be executed pursuant to or in connection with the Agreement are (or will be) valid and binding obligations; (iv) to the best of counsel's knowledge, based solely upon an officer's certificate from CFC, the execution and delivery of this Agreement and the other instruments contemplated hereby do not conflict with any material provision of any contract or judgment which is binding upon CFC, any material provision of the Articles of Incorporation or Bylaws of CFC and Florida law or ordinance governing the conduct of business by CFC; and (v) CFC holds free and clear title to that portion of the Lands represented to belong to CFC pursuant to the schedule set forth on Exhibit "B", subject only to such matters or encumbrances as are identified in the opinion. B. Certified copies of resolutions of the board of directors of CFC authorizing the execution and performance of this Agreement. C. A Certificate of Good Standing of CFC. 25. Each member of the Successor Group, individually and on its own behalf ("Successor Group Member"), severally represents and warrants to the CITY that as of the date hereof, it has the appropriate authority to own its properties and conduct its business and is duly qualified to do business in the state of Florida. Each Successor Group Member has the authority to execute, deliver, and carry out the terms and conditions of the Agreement and has taken all Page 12 of 30 necessary legal action with respect thereto, and the Agreement has been duly authorized, executed and delivered by it and constitutes its valid, legal and binding agreement and obligation in accordance with the terms hereof: 26. Within ten (10) days of the execution hereof, each Successor Group Member shall deliver to the City the following: A. The written opinion of its legal counsel, dated as of the Effective Date and rendered in accordance with the Opinion Accord adopted by the Florida Bar, that the Successor Group Member: (i) is a validly formed corporation, partnership or other legal entity and in good standing in its respective state of incorporation; (ii) has taken all corporate and/or legal action necessary to authorize the execution and delivery of this Agreement; (iii) warrants that this Agreement and the other instruments to be executed pursuant to or in connection with the Agreement are (or will be) valid and binding obligations on the Successor Group Member; (iv) to the best of counsel's knowledge, the execution and delivery of this Agreement and the other instruments contemplated hereby do not conflict with any material provision of any contract or judgment which is binding upon the Successor Group Member, any material provision of the Articles of Incorporation or Bylaws of the Successor Group Member (if applicable), and Florida law or ordinance governing the conduct of business by the Successor Group Member; and (v) the Successor Group Member holds free and clear title to that portion of the Lands represented to belong to the Successor Group Member pursuant to the schedule set forth on Elchibit "B", subject only to such matters or encumbrances as are identified in the opinion. B. A Certificate of Good Standing of the Successor Group Member. Page 13 of 30 27. The provisions of this Agreement may not be amended, supplemented, waived or changed orally; no amendment shall be made to this Agreement without the written consent of each of the parties hereo, which consent shall not be unreasonably withheld or delayed. 28. A memorandum of this Agreement (the "Memoramdum") shall be recorded in the Official Records of Palm Beach County, Florida and shall be a covenant running with the Land. The Memorandum shall provide that it will automatically expire and have no further force or effect on December 15, 1999. City agrees that it shall provide, upon reasonable request by a party to this Agreement, a written estoppel letter relative to the obligations or responsibilities of any party hereunder, and whether said obligations or responsibilities have been complied with. 29. Any notice, instruction or other communication to be given to any party hereunder shall be in writing and shall be hand delivered, telecopied, sent by Federal Express or a comparable overnight service or by U.S. registered or certified mail, return receipt requested, postage prepaid to City, CFC, and Successor Group at their respective addresses set forth in Exhibit "F" attached hereto and made a part hereof. 30. This Agreement is not a development agreement enacted pursuant to Sections 163.3220-163.3243, Florida Statutes, but rather is enacted pursuant to the General Powers of the City. 31. This Agreement and the documents referenced herein may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. SIGNATURES TO FOLLOW Page 14 of 30 IN WITNESS WHEREOF, CFC, City and Successor Group have caused this Agreement to be executed as of the date first written above. ATTEST: Linda Kosier, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney CITY OF PALM BEACH GARDENS : Page 15 of 30 Joseph R. Russo, Mayor WITNESSES � .�CL�i Gt t i .�C•' G�— Signature n if' T�e i C � �=? �Jf�o,..� Name (Type or Print) � �,� �-'�� t/ � Signature /� � C_.�.,1'0 � / �-' Name (Type or Print) -�:� COM IES FINANCE COMPANY, a Delaw e c oration By: , � • � G� Its: ��.�.�:� ,��.� Page 16 of 30 (SEAL) WITNESSES � �(L �! Ct 0. � �I-�._ Signature /�f3 TR, l � i r� �vi9 �. E Name (Type or Print) �CQ�t--v-C� (.( ��.ee_ . �� Signature �C,i., r �o /�. �C' Name (Type or Print) BI S P TNER; By: Its: �lf� ( Page 17 of 30 E$TATES � r: LIMITED � (SEAL) WI ,SSES ,��C (� � in%ti� Si ature � c,�) �� v� C E W.�v�l / j�-}— Name (Type or Print) �� Si at�ir� � ��• � �� lr�, Name (Type or rint) f DONAL OSS/MI ARY, L.C. � By: , � �. v / M,�� A��y Its: �✓�a o�� Page 18 of 30 (SEAL) WITNESSES �.J V I�.1�. Signature �Sr�G�n� st�sax� I�!! .�'t-�t Name (Type or Print) Signature �� P� Name (Type or Print) FLORIDA INVESTMENT VENTURE A Florida General Partnership by: StJN LAND ACQUISITIONS, LTD. By: SUN LAND ACQUISITIONS, INC., Its General Partn�r B : I� i�� 1. Y , Otto B. �ivosta, esident (SEAL) Page 19 of 30 ��\Q r�, L � �vw�.�, Name (Type o� Print) �- , _� R�a�. C _ %, �G�� Signature jU S ixN c'_ � V i�(�L�.1i( Name (Type or Print) FOREST LAKE ASSOCIATES, L.C. By: .��-..--- �.��!� Its: -�: t � ,� . .: j Page 20 of 30 M r .�,. .7C r- (SEAL) � WITNESSE �� _ .. Signature 'L a w V p v� e� I�J- Sv� � T`� Name (Type or Print) � �� Signature C�°�r�� o Name (Type or Print) THE B J IN PRNATE SCHOOL, INC. By; �. , ; - I-}e � R � �o �� Its: �''�� . Page 21 of 30 (SEAL) WITNESSES ��L�c, G(�, /�(��L�-i---Q— Signature / �7"�2 �r �H l�c.�l�,�t Name (Type or Print) , C ,� Si� ture C�r'v I � �i$ Name (Type or Print) NORTHL S. M ISON � SEC 9.071 By: Its: LTD. and STEPHEN L2USTEE under F.S. �� ___----- / (SEAL) N��-��,1 k� �s�, �ya/ .. --�: _ �/ :/ Page 22 of 30 , W��-�-f.� l.r � C.b� Signature ��_ �01� �o$ Name (Type or Print) ... . � , v:- ---- � S}��ture r----- �f�w w, � Name (Type or Print) PALM BEACI�A(�''QUI NS, LLC B � / a' � , ��-- — �Its:�T-/�Q � y1� Page 23 of 30 (SEAL) W��SSE�� L«C C , Signature �� .c�% e �.I Name (Type or Print) � — �-_ �,., - ' - - \. ��ure � �� \\� � 0 -E-f r�J � . G� A`� ��, �-�-_ Name (Type or Print) PGA GA , By• ; �:�� Its: �.� � Page 24 of 30 (SEAL) ��'I�I�j�SSE`L-e " C� � _ n--.r Signature �� r't;� l�',r CLS Name (Type or Print) ---, � ature PGA , LTD. . , �� . - � � Its: d�.�-� (SEAL) � D�f-c � l�✓. �-�1 �i/r�- Name (Type or Print) � � Page 25 of 30 w%�S� G� � _.� � . Signature ��.e. �C% / GJ Name (Type or Print) �� ' nature ` .--� p-�-� ►ti.� � � �- t� �. y� � Name (Type or Print) MALL RTIES . B , / �� Its: ��-o i�� (SEA.L) Page 26 of 30 WITNESSES i�'2,, � Signature �W�++ w. P�Y Name (Type or Print) YV � � � Signatur� � w��i� ��. Name (Type or Print) THE G at PAL BEACH GARD S, By: �. �( C � Its: v�GL �� p Page 27 of 30 (SEAL) WI NESSES C �� Signature �'i�CJ � !� Name (Type or Print) Name (Type or Print) ��, .�c f RCA C E , L' . �� Its: „ �ti � Page 28 of 30 ,.� (SEAL) PURCHASER PARCEL NUMBERS ' ' , Binks Estates Limited Partnership Palm Beach Gardens , (Toll Brothers) Parcel 29.01 Donald Ross/Military, L.C. (DRM) Florida Investment Venture Florida Investment Venture Palm Beach Gardens Parcels 4.02 and.4.04 Palm Beach Gardens Parce14.05 Palm Beach Gardens Parcel 4.07 Forest Lake Associates, L.C. Palm Beach Gardens (Frankel) & The Benjamin Private Parcel 4.08 School Northlake East, Ltd. and Stephen S. Mathison, as Trustee under F.S. Section 689.071 (Catalfumo Construction & Development, Inc.) Palm Beach Acquisitions, LLC PGA Gateway, Ltd. (Catalfumo Construction & Development, Inc.) Congress Avenue Parcels 12.04 & 12.05 Beeline Parcels 18A.02, 18A.03, 18A.08, 18A.10, 18A.11, 18.A.13, 18A.18, and 18A.24 PGA Gateway Parcels 28.01 and 28.02 PGA North, Ltd. and RCA Center, PGA Gateway Ltd. (Catalfi�mo Construction & Parcels S.A 1 a, S.A2a & S.B 1 Development, Inc.) Communities Finance Company (CFC) Communities Finance Company (CFC) Communities Finance Company (CFC) Communities Finance Company (CFC) Beeline Parcels 16.01, 16.02, & 16.03 Parcel 18B.02 Congress Ave. Parcels 34.01 A& 34.01 C PGA Gateway Parcel 30.02 Indiantown Road Parcels 18.A 14, 18.A20, 18.A22 18.A05 & 18.A06 Communities Finance Company Palm Beach Gardens (CFC) Parcels 4.O1 & 4.10 �I Communities Finance Company Palm Beach Gardens (CFC) Parcels 4.03 & 4.06 Communities Finance Company Palm Beach Gardens (CFC) Parce14.09 Communities Finance Company (CFC) Communities Finance Company ir�r�� Palm Beach Gardens Parcels 31.01, 31.03. 31.04, 31.05, 31.06, 31.07, 31.08, 31.09, 31.10, 31.11, 31:12 Palm Beach Gardens D..�..ol� ti A 1 P. � A 7 Communities Finance Company (CFC) Communities Finance Company (CFC) Tlie Grande at Palm Beach Gardens, Inc. (Kolter Properties) Parcels 27.04, 27. ] OB, & 27.1 OC Parcels 27.05, 27.06 & 27.R02 Portion of Parcel 27 / Entertainment Center Parcels 27.09, 27.12, 27.13 & 27.14 MacArthur Center Parcels 27.17, 27.21, 27.OPN4 & 27.R06 Portion of MacArthur Residential-Portion of Parcel 27 EXHIBIT "B" (ON FILE) Legal Descriptions of all the Lands EXHIBIT "C" (ON FILE) COPIES OF DECLARATIONS OF COVENANTS AND RESTRICTIONS RECORDED IN THE PUBLIC RECORD Exhibit "D" Submittal Schedule Date on which review and Parcel Number/Project Processing of Development Applications will be Commenced by City _ . __- --- -------------------- --._-------------- Friday, August 13, 1999 Parcels 28.01 and 28.02 — PGA G� Parcel 27 (residential portion) — The Grande at Palm Beach Gardens/Kolter ' ' Parcel 4.05 — Florida Investment Venture � Parcels 27.05 and 27.06 — Mall Properties, Ltd./Catalfumo � � September 13, 1999 Parcel 29.01 — Binks Estates, Ltd./Toll Brothers Parcel 4.07 — Florida Investment Venture Parcels 27.04 and 27. l OB — Mall Properties, Ltd./Catalfumo Parcel 4.08 (portion) — The Benjamin Private ; Parce14.08 (nortionl - Forest Lake � October 13, 1999 Parcels 12.04 and 12.05 — Northlake East, Ltd. / Catalfumo � Parcels 4.03 and 4.06 = WCI Communities/CFC � � Parcels S.Ala and S.A2a — PGA North, Ltd. — Catalfumo � Parcels 4.02 and 4.04 — Donald Ross/Military, L.C. . ��November 13,1999 Parcels 27.03 and 27.08 — Mall Properties, Ltd./Catalfumo � Parcels 18A.02, 18A.03, 18A.08, 18A.10, 18A.11, 18A.13, 18A.18 and 18A.24 — Palm Beach Acquisitions, LLC/ John C. Bills December 13, 1999 January 13, 2000 ParcelS.B 1— PGA North, Ltd./Catalfumo Parcels 31.01, 31.03, 31.04, 31.05, 31.06, 31.07, 31.08, 31.09, 31.10, 31.11, and 31.12 — WCI Communities/CFC � � ` , I�evelopment Applications for all remaining parcels not specifically referenced in the Submittal Schedule above may be submitted to the City no earlier than November 13, 1999. P:\CP\H ISTORI'�3567\32. DOC(319.080) �..a�a,LU�� Ya►Ce1S G/.US, L/.u4, � i.u�, � i.ub, rnax�mum aens�ry perm�ttea to be Construction and 27.08, 27.I OB, 27.1 OC and developed on all of the parcels described Development, Inc.) i 27.R02 above shall equal or be less than: ' (CLOSED) 537,563 sq. ft./400 rooms PGA Gateway, Ltd.* (Catalfiimo Construction and Development, Inc.) PGA Nort1i, Ltd.' * (Catalfumo Constn�ction and Development, Inc.) RCA Center, Ltd.* (Catalfumo Construction and Development, Inc.) Northlake East, Ltd.* (Catalfumo Construction and Development, Inc.) PGA Gateway Parcels 28.01 and 28.02 (CLOSED) PGA Gateway Parcel S.AIa & S.A2a (CLOSED) PGA Gateway Parcel S.B 1 (CLOSED) Congress Avenue Parcel 12.04 (CLOSED) Mixed Use-12 units per acre/.40 FAR Industrial-.35 FAR Mixed Use-12 units per acre/.40 FAR Mixed Use-10 units per acre/.25 FAR Stephen S. Mathison, as Congress Avenue Mixed Use-10 units per acre/.25 FAR Trustee under F.S. Parcel 12.05 , Section 689.OZ 1 * (CLOSED) (Catalfumo Construction and � Development, Inc.) ` � Palm Beach Beeline Acquisitions, LLC* Parcels 18A.02, 18A.03, 18A.08, Commercial-.25 FAR 18A.10, 18A.11, 18.A.13, 18A.18, and 18A.24 (CLOSED) ' Florida lnvestment Venture* (DiVosta & Company, IncJ ' Palm Beach Gardens Parcels 4.05 and 4.07 (CLOSED) Residential Low-3 units per acre � Donald Ross/Military, � Palm Beach Gardens ., L.C.'* Parcels 4.02 and 4.04 4.02-Commercial/.25 FAR _(DRM) �(CLOSED) � 4.04-Mixed Use-10 units per acre/.25 FAR The Grande at Palm MacArthur Center Beacl� Gardens, Inc.* Parcel 27-Residentail Portion Residential/782 units/7 trips per unid5,474 (Kolter Properties) � (CLOSED) � total tripsZ , Binks Estates Limited Palm Beach Gardens Partnership* Parce129.01 Residential Low-3 units per acre** (Toll Brothers, Inc) , (CLOSED)� **The total number of units to be developed on the property is 800 residential units. In the event the property is developed with a private golf course, the total density for the property shall be capped at 600 residential units. It is agreed that the golf course may utilize semi-annual memberships and still quality as a private golf course. .� *Deed Restrictions have been sent to Palm Beach County for recordation. **Deed Restrictions will be recorded within ]0 days of the execution of the Forbearance Agreement. � The land use designations for each parcel may be amended to any land use; or mix of uses, provided that the aggregate number of trips does not exceed the maximum number of trips allowed per the current governing land use designations onthe above Communities Finance Company (CFC)�** Parcel 18B.02 Congress Ave. Parcels 34.01 A& 34.01 C Communities Finance MacArthur Center I Company (CFC)�** Parcels 27.17, 27.21, 27.OPN4 & 27.R06 Communities Finance Company (CFC)�** Communities Finance Company (CFC)�** Indiantown Road Parcels 18.A14, 18.A20, 18.A22 Parcel 18.A05 Parcel 18.A06 Palm Beach Gardens Parcels 4.01 & 4.10 Communities Finance Parcels 4.03 & 4.06 Company (CFC)�** Communities Finance Parcel 4.09 Company (CFC)�** Communities Finance MacArthur Center-Entertainment Company (CFC)� Parcels 27.09, 27.12, 27.13 & 27.14 Industrial .25 FAR/Residential Low - 1 unit per acre Mixed Use- 10 units per acre/.25 FAR 27.17-Mixed use — 15 units per acre/ .40 FAR land use or a use which the traffic impact will not exceed 300 units 27.21-Residential High - IS units per acre/ .40 FAR land use or a use which the traffic impact will not exceed 300 units Residential Low -.2 units per acre Residential Low — 1 unit per acre Residential Low — 3 units per acre Commercial — .25 FAR Residential Medium — 3 units per acre Residential Low — 3 units per acre Maximum density permitted to be developed on the parcel shall equal or be less than 366,400 Sq. Ft. of Office & Cultural/166 MF Units/200 hotel rooms/20,000 Sq. Ft. of Neighborhood Commercial Communities Finance Palm Beach Gardens Company (CFC)� ** Parcels 31.01, 31.03. 31.04, 31.05, Mixed Use — 3 units per acre/.25 FAR 31.06, 31.07, 31.08, 31.09, 31.10, 31.11, 31.12 i Communities Finance �, PGA Gateway Company (CFC)�** ' Parcel 30.02 Commercial -.25 FAR Communities Finance Palm Beach Gardens Company (CFC)' Parcels 6A 1& 6A2 Mixed Use — 12 units per acre /.40 FAR Communities Finance Palm Beach Gardens ' Company (CFC)� Parcels 31.02 Commercial -.30 FAR Residential Medium - 9 units per acre *Deed Restrictions have been sent to Palm Beach County for recordation. **Deed Restrictions will be recorded within 10 days of the execution of the Forbearance Agreement. � The land use designations for each parcel may be amended to any land use, or mix of uses, provided that the aggregate number of trips does not exceed the maximum number of trips allowed per the cunent governing land use designations or the above schedule. Exhibit "F" Addresses of parties for purposes of Notice As to City: Bobbie Herakovich, City Manager City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, F� 33410 Phone: (561) 775-8250 Fax: (561) 775-8244 As to CFC; Nancy Graham, President 4400 PGA Boulevard, Suite 900 Palm Beach Gardens, FL 33410 Phone: (561) 775-2120 Fax: (561) 775-1099 -and to- Vivien Hastings, Esquire General Counsel WCI Communities 24301 Walden Center Drive Suite 300 Bonita Springs, Florida 34134 As to property owner: Parcel 4.08 (southern 64 acres) Forest Lake Associates, L.C. 200 Admirals Cove Boulevard Jupiter, Florida 33477 Phone 561-744-1700 Facsimile 561-744-8889 As to City's Leqal Representative: Terence J. Watterson, Esquire Watterson, Hyland & Klett, P.A. 4100 RCA Boufevard, Ste. 100 Palm Beach Gardens, FL 33410 Phone: (561) 627-5000 Fax: (561) 627-5600 As to CFCs Legal Counsel: James Brindell, Esquire Gunster, Yoakley Valdes-Fauli & Stewart, P.A. Phillips Point, Suite 500 East 777 South Flagler Drive West Palm Beach, FL 33401 Phone: (561) 656-5677 Fax: (561) 650-0511 As to legal counsel: Sherry Lefkowitz Hyman, Esquire c/o Forest Lake Associates, L.C. 200 Admirals Cove Boulevard Jupiter, Florida 33477 Phone 561-744-1700 Facsimile 561-744-8889 -andtoto- William Boose, Esquire Boose, Casey, Ciklin, et al 515 N. Flagler Drive, 19th Floor West Palm Beach, Florida 33401 1 Parcel 4.08 (northern 50 acres) The Benjamin Private School, Inc. c/o Rod Kehi, Head Master 11000 Ellison Wilson Road North Palm Beach, Florida 33408 Parcels 4.05 and 4.07 Florida Investment Venture 4500 PGA Boulevard, Ste. 400 Palm Beach Gardens, Florida 33418 ATTN: Otto B. DiVosta Phone 561-627-2112 Facsimile 561- 622-7516 Parcei 29.01 Binks Estates Limited Partnership, A Fiorida limited partnership Robe�t Toll and Kenneth Gary Toll Brother, Inc. 3101 Philmont Avenue Huntingdon Valley, PA 19066 Phone 215-938-8000 Facsimile 215-938-8023 Parcel 27 The Grande at Palm Beach Gardens, Inc., a Delaware corporation c/o John C. Csapo 150 East Palmetto Park Road Suite 30 Boca Raton, Florida 33432 Parcels 27.03, 27.04, 27.05, 27.06, 27.08, 27.106 Mali Properties, Ltd., a Florida limited partnership Catalfumo Management and Investment, Inc., General partner 4�300 Catalfumo Way Palm Beach Gardens, Florida 33410 ATTN: Daniel S. Catalfumo Lawrence W. Smith, Esquire Gary, Dytrich & Ryan, P.A. 701 U.S. Highway One, Ste. 402 North Palm Beach, Florida 33408 William E. Shannon, Esquire 4500 PGA Boulevard, Ste. 400 Palm Beach Gardens, Florida 33418 Phone 561-627-2112 Facsimile 561- 622-7516 Alfred J. Mafefatto, Esquire 777 S. Flagler Drive Suite 310 East West Palm Beach, Florida 33401 Phone 561-650-7900 Facsimile 561-655-6222 Hugh William Perry, Esquire 777 S. Flagler Drive Suite 500 East West Palm Beach, Florida 33401 Phone 561-650-0640 �'acsimile 561-655-5677 James E. Jacoby, Esquire General Counsel Catalfumo Construction and Development, Inc. 4300 Catalfumo Way Palm Beach Gardens, Florida 33410 2 Parcel 28.01 and 28.02 PGA Gateway, Ltd., a Florida limited partnership Diver Management, Inc. general partner 4300 Catalfumo Way Palm Beach Gardens, Florida 33410 ATTN: Daniel S. Catalfumo Parcel 5B RCA Center, Ltd., a Florida limited partnership Platinum Investment, Inc., general partner 4300 Catalfumo Way Palm Beach Gardens, Florida 33410 ATTN: Daniel S. Catalfumo Parcel 5A PGA North, Ltd., a Florida limited partnership Jupiter One, Inc., general partner 4300 Catalfumo Way Palm Beach Gardens, Florida 33410 ATTN: Daniel S. Catalfumo Parcels 18.A8, 18.A10, 18.A11. 18.A02, 18.A03, 18.A13, 18.A18, and 18.A24 Palm Beach Acquisitions c/o John C. Bills 3910 RCA Boulevard, Suite 1011 Palm Beach Gardens, Florida 33410 Parcels 4.02 and 4.03 Donald Ross/Military, LC Lawrence W. Smith, Esq. c/q Gary Dytrich & Ryan, P.A. 701 U.S. Highway One South, Suite 402 North Palm Beach, Florida 33408 P:\C P\H i STO Rl'�3567�26. D O C(319.08 0) James E. Jacoby, Esquire General Counsel Catalfumo Construction and Development, Inc. 4300 Catalfumo Way Palm Beach Gardens, Florida 33410 James E. Jacoby, Esquire General Counsel Catalfumo Construction and Development, Inc. 4300 Cataifumo Way Palm Beach Gardens, Florida 33410 James E. Jacoby, Esquire General Counsel Catalfumo Construction and Development, Inc. 4300 Catalfumo Way Paim Beach Gardens, Florida 33410 John W. Gary, III, Esq. Gary, Dytrich & Ryan, P.A. 701 U.S. Highway One, Suite 402 North Palm Beach, Florida 33408 Lawrence W. Smith, Esquire Gary, Dytrich & Ryan, P.A. 701 U.S. Highway One South, Suite 402 North Palm Beach, Fiorida 33408 3 � EXfiIBIT ��G�� PALNI BEACH GARDENS PROJECTS SUBNIITTED FOR TPS REVIEW AS OF �t/8/99 Received Name1 Location F�zternal Trips ADT from LBFH Descriptions Consultant 1 3/23 Catalfumo SE Corner PGA Bbd. 19,968 Pazce128.01 & Alt AlA Yvonne Ziel Traffic 513,000 sq of5ce Consultants, Inc. retail 450 M.F. Apt. Ft+eHOq ►1�VE�tA► T 2 323 �I� ��to►� S of Hood Rd from 5,000 Parcel 4.05 M.T. to Alt AlA Kimley Horn & Assoc. 500 SF Units Joseph B. Pollack, Jr. 3 3l23 Benjamin School W side of Central 1,470 Blvd. S of Donald Kimley Horn & Assoc. Ross Rd. 3oseph B. Pollack, Jr. -4 3l23 Frankel W side of Central 1,100 Pazcel 4.09 Blvd. N of Hood Kimley Horn & Assoc. 110 5F Units Road 3oseph B. Pollack, Jr. 8 3/30 9 � 3/30 10 3/30 Catalfumo Pazcel 12.04 52,000 sf office/ retail Catalfumo Pazcel 12.05 68,000 sf oEfice/retail Catalfumo Parcel SA 840,000 sq office Light Industrial N. Side of Northlal:e E. of I-95 N. Side of Northlake E. of I-95 N.W. Quadrant PGA & Alt. AlA 3511 Yvonne Ziel Traffic Consultants, Inc. 5060 Yvonne Ziel Traffic Consultants, Inc. 6358 Yvonne Ziel Traffic Consultants, Inc. Radius -� mi. 2 mi. 2 mi. 2 mi. 2 mi. 3 mi. 3 mi. 04/la/99 15:55 FA% 1 40? 392 9228 BLTRF� WEAVER PR __ C�008 REVTSIONS 4/13/99 ORDTNANCE NO. 18-99 AN ORbINANCE OF T(� CITY COUNCII� OF THE CITY OF PALM BEACH GARbENS PROVIDING FOR SUSPENSION OF ACCEPTANCE OF AYPLICATTONS FOR ^L ��;2n: ,�`. _. nr"""T'''° CONCURRENCY CERTg'ICATIQIYS FOR A � ' 1 L1tLY1� L �J SPECIFIC PERIOD; PRO'VIDING FOR �'"^''"TT^'Tn EXEMPTIONS; PROVIa)ING� A PROCEDURE TO SEEK AN EXEMPTION; PROVIDING FOR SEVER.ABII,ITY; ' AND PROVIDTNG AN EFFEC'TIVE DATE. WI�EREA.S, the City Council of the City of Palm Beach Gardens finds and declares that in order to promote the health, safety, moral s and general wel�are of the City, it is necessary to amend the City land development regulations so that they adequately address the maintenan�e and enhancement of various public facility ancl services Ievel-of-service standards, and to implem�ent the City's comprehensive plan and its �;; � V i sion and Strategic Plan, and. thereby promote and mainta.in the quality of development with;,, the Ciiy; and W��REAS, the City Cauncil h:�s approved and the City Administration has begu¢► to implement the xevision of the iand development regulations so as to accomplish these municipal � purposes, including initiat�na a request i'or proposals for planning consultant services, initiating certain code revisions, a�nd employing adclitional in-house Yi� :::::::� Plarining, Buildin�_ and Code: F„forcement Division assistance; and WI�REAS, in recent montbs, and because of the sale of rhe MacArthur Foun,dation lazge city landhold;n¢s, the City has been madc aware of greatly increased interest on the part of private developers to develvp large parcels of heretofore undeveloped land within the City, at a greatly accelerated pace; and 'VITH�REAS, the City and the Furclia$e�s of and successors in intere$t,to t_h_e same MacArth,�r Foundation landholdin�s have entered into an agreement with the City tQcooper-?*P on the nececcary study and phasin�of nroiects so as to better evalvate the im_,�� of pote„t;at development; an� WF�REAS, the City has a respon ubility to ensure that growth and development wit]�iz� the City occurs eonsist�nt with the public health, safety and general welfare, and to ma;ntain its standards for quality growth and developinent; and WHEREAS, it is necessary to suspend the acceptance by the City of applications for u: �.:.r.:,ca� �,c,�;� � concurrency certi�ic; �tion for proj ects that will create additional impacts on City 04/13/99 15:56 FA% 1 40T 392 9228 BLTRRE NEAVER PR services and �acilities- u:.-: t�.�.,.,.,�: . - • �� •�-�,..�a .�__._�___.__� ,:...��.. 7!JW �. 741�' lV �1JLVl�J. W�i1N 1GLL►4 �LV v VIVFJLiV11L-1\.�IZluuvu.7. � NOW, TI�REFORE, SE IT ORI7AINED SY TI� CITY OF PALM B$ACH GARDENS: pp a _-,-Y----� Y--��` �� ---' concurrencY �eXtification, Section 1. No a licahons or �.�...,.., �.,u� V11LLLY a.,..... except as provided herein, sball be accepted by the City of Palm Beach Gardens for a period of eae xiw�u��.0 �.ibu�y �i uv j SIX�% �6�� aA�7S S1117S�13eIIt �O �1C C1S� �11S OIc�lnan�P. beCORi85 �eCt1Ve._ ►�eCt10T1 2. Applicaiions for u�:�c�:,y��u��,��o concurrency_certificatic�n$ which are filed with the City and accepted by staff as coinplete prior to the effective date of this ordi.nance, except as the processing of those applications a��e agreed to be suspended by �applicants, Shall COIItiIIUe to be processed by the City of Pa1*+'+ Be�ich Crardens in accordance with the rules, procedures, regulations and orcl�nances in effect un the e$ective date of this ordi.nance. r�oos Section 3. The following shali be exempted from the suspension provisions of this ordinance, provided rhar, :,� .;.. �:ti ;,� ru.c�:�,,,,,, v`;::;ug:, ; ��,:, w, applicants proceed under the procedures in Section 4. . L_�_��. 'a I'._...4].....�. � .. .; ,.L 1._ l �..1 -...:.L....�:..7 L"'1�:�._ .._ 5�... a. Dc� c..,y,u�u� y�.aiui� a� u��.�...,.. , �..� u �,us�.. ��• ••••� j : w..�..�.uw vwauu� vi a w --------------''- �--'---.._J .�.". �l_aa_, _-----7-'a-� 1-�- -- 4VVVJJVI,' WIVJ L�J YV LVL4lVLL �Jll 4 L/34LLV\i VA WL�JIG�►W�L 1VL� Vl � . 1 L T.. ..1._ �.�i _.r_ l: wa: .0 ._.].]:4:'. �..a:.��.�.a: �.:. :...a: -V• LV Y V16/UL�1V11L UV1J1Lll 4L1U11V4LLV�iJ �V1 4LLLLLlLVL3 VL 111VLL111�r4LLV1Ll-GV til►1JCLLL�! L l 1 L �..-..-.�.�.-....4...� . ��i..��.� 4�..... ...a.��4:.-.�,. �. ....�:�......L...�. � �i 4.� � 1..�_ LL�_ 1��... ihVLAi VJl�LV11NW 1iJVJ r�►VLV LLiV 4�N.L.LYVL Vl J.LLVIi]1LNaLLVli-1J vYYLai Lv vL iVJJ ••••� •• 11 � v ��. ...r.a,. _ ._ r ..�,..,.... �J�.lVVll�. Vl YlL V!►LJF!�� JIil141V lvv�v� va �.��..��.--��.�»a �.��.:4.. .� .. ...... ...� �......a �� L\.YbLV�JJ.IlVil� 1JVLL1IW 1V1 1iJ\r�J1 �� oncvnency certification aRp ications Qr '� property which, without the �t certi�ication�, would suffer atemporary regulatory taldng under the criteria described in Reahard v. Lee County, 968 F.2d 1131 (11�' Cir. 1992), tliat is, on the basis of the facts of the particular case, whether the landowner will be denied substantially all beneficial use of the properiy; considezing the economic i.m.pact of the temporaiy suspension and the extent to which the temporary suspension has interfered with the landowner's investm.ent backed expectations. Among the t�actors to be analyzed under these criteria are: the hisEory of the property, the history ofthe development, the history of the prope�rty'S ZOninQ and regulation, any changc in development when title passed, the present nature and extent of the properiy, the reasonable expectations of the landowner and neighboring � landowners, and any ��min ution ofthe landowner's investment-backed expectations; or . - �-b. �'i:.,�., uV�l •:: :�� :�..� Cc��currency certifcation applications for property that is vested purs��ant to la�w; or 2 04/13/99 15:56 FA% 1 407 392 9228 BLTRRE wEAVER PR c. Projects exempted from cQncurrency certi.fication pursuant to Section 90-62, Co�?e of Ordinances of the City of Palm Beach Gardens. A � >>_....�.____�a _ ' l�_ � _ ' '4_� "'�ai�...a a.�.�.. �.�a'�' _ _�-.� �.1�.� L'��.]...� .�� -L__ �- ta.ai� u�.�vavra.ua.u��/V11111�AV1-�rF+`.auaa��vu u.��. YAa<<iVW uv�uiva�rc��. �aiV V4a�vuvii u1�r c�i,..__.:..� r:._. r ,.:r.....,. ...a • �..____� 4L.��w_..��L... tL:...4 .. �.��_... ... �_ 1�J1LVwj11� Vl�� la�ILLLLLYJ 411LLrlV�Yl11V�7� 11V�VJ1\l 41YJV J.tL.S�GLVW {.I.lG�L1V4JV11(1Y1�' V411 y\r 4:.�:....�i.�.i .i..�. �. .��:�..� � .�i:.i .a.��..�i._�__��{ _—_ — ..i..r. ...�.�.w�e�� .�_.-.�� Wit1Vl�/0.�H\L I.LLlliVi �/aivt v��JU.LL� 7p114 4NVViv�JUiwal u�/t/IV V4LJ. 1VCiur�u�'J� µyµ�yyµ�y� i3Fu�-� -� -----..c.,_. �_.._. r_-- �_��._.......4_.--° -_t:a ----,....,. .r � 5a........�..4�.va.� �u�.� yvu�.�.� k,�,�..�.. ..ww.��wi� �vi.0 ..��..� �ia� �.au�.i��.iwy aa_..t .. - �Lbtii�.�ra JViViVVJ� �'a - . . � � . r n_L_L.�.�-�:-- �-------- _r___:...:_ .. _�_.__ a _...._-,:..a,.a t__a •. t�a.uu.,�.�.uuvu v'i aV�JliiVblll�rlL4 ...� ...+..�u..s ��i'l4v�u.��.� auu �..��.v.u�v�s awa�a �v a.vii:.a`::, ..__l._..t..�.7.._..! � ...V,._1_a_ -. --JLG-�- . . � . . �7LLVJI.GIAl�i4l\i Vl VVJV1vLV �llllµawVlJJ� � ' , , . Section 4. Any applicant desiriiig an exemption from this ordinance . shall submit an application for exemptioa to the growth m anagement department, with accompanying evidence that the applicant is entifled to the exemptio n pursuant to Section 3_ The deparoment shall make a detem�7n,ation of tiie applicant's eligibility for the exemption and render a written decision thereon within ��14 calend.ar days of receipt of a�;omplete application. The determination may be appealed to the Zoning Board of Appeals, pursuant to Division 2, Article III of Chapter 118 of the City's Code of Ordi.nances (as amended), with�n � � 14 calend.ar days of ttie written decision. Section 5. Tf any pravision of this ordin�nce shatl be held by any court of competent jurisd.iction to be unconstitutional or invalid for any cause not essentially controlling the other provisions hereof, the same shall be considered as �limin$ted and not a#�ecting the validity of such other provisions. Section 6. This ordinance shall tal:e effect upon second readin� and. adoption in accordance with law and the Charter of the City of Palm Beach Gardens. Placed on first reading this 19�' day of March, 1999. Placed on second reading thi s__ day of Passed and adopted this day of At�.est_ City Clerk 3 ,1999. , 1999. JOSEPH R. RUSSO, MAYOR LAITREN FURTA,DO, VICE MAYOR r� oio 04/la/99 15:57 FA% 1 407 a92 9228 BURKE PPEAVER PR � O11 Approved as to Form: City Attomey 4 ERYC JASLIN, COUNCIT. MEMBER DAVID CLART�, COUNCIL MEMBER ' 'i I CARL SASATELLO, COUNGIL MEMBER i i { � . ./ �_�5-ci� February 25, 1999 March 29, 1999 April 5, 1999 ORDINANCE 17, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF SECTION 118-307 OF THE CODE OF ORDINANCES, ENTITLED "HISTORICAL AND ARCHAEOLOGICAL SITES," BY ADDING CITY COUNCIL DESIGNATUON AS A THIRD CRITERIA TO DESIGNATE A SITE OF HISTORICAL AND ARCHAEOLOGICAL SIGNIFICANCE IN THE CITY, AND TO ESTABLISH THE MacARTHUR BANYAN TREE AS A LOCALLY DESIGNATED HISTORIC AND/OR ARCHAEOLOGICALLY SIGNIFICANT SITE; PROVIDING FOR ENACTMENT OF SECTION 118-312 OF THE CO�E OF ORDINANCES, ENTITLED "MacARTHUR BANYAN TREE HISTORIC OVERLAY PROTECTION ZONE"; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens presently does not contain language enabling the City Council to designate a site as historic or archaeologically significant; WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens does not list the MacArthur Tree as a locally historic site; WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens presently does not contain a historic overlay zone designed to protect the MacArthur Banyan Tree; WHEREAS, the MacArthur Banyan Tree was located in the City of Palm Beach Gardens by the city founder, John D. MacArthur, and has historical significance to the residents of the City, and has become a landmark identifying the City; WHEREAS, the original early 1960's entryway features, including fountains, pools, and most of the landscaping, were removed in the late 1970's and early 1980's; and � Ordinance 17, 1999 Page 2 WHEREAS, the City Council has determined that it is necessary to protect the MacArthur Banyan Tree and restore the original entryway features (including fountains, pools, and vegetation) because of their historic value to the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Section 118-307 of the City's Code of Ordinances, entitled "Historical and archaeological sites," is hereby amended by amending or inserting the following (added words underlined; deleted words �t� uc�): Sec. 118-307. Historical and archaeological sites. The following criteria shall be used to designate a site of historical and archaeological significance in the City: (1) A site located in the c�►y City that is listed in the National Register of Historic Places maintained by the U.S. Department of the Interior pursuant to the Historic Preservation Act of 1966, as amended. (2) A site located in the city City that is listed in the state master site file maintained by the uur�au �` a; c"a��y;ca; ; �J�a; c" Bureau of Archaeological Research, u�;�a�,��e�„ ;,` �;a,� Depart�nent of State. Any development activity on a property that contains a site of historical and archaeological significance as defined in this subsection shall be subject to the prevailing state and federal regulations. (3) A site that is located in the City that has been officially designated by City Council as a historic and/or archaeological site. In making such a designation, City .Council shall consider, but not be limited to, the following criteria: a. The significance of the site as a landmark; and/or b. The role of the site in the City's history or archaeological past. The City shall encourage that these sites be maintained in their historic; and/or archeologically significant state, and not be altered, threatened, or removed. Ordinance 17, 1999 Page 3 (4) The following is a list of the sites which have been designated as historic: and/or archaeological sites per the standards herein: 1. MacArthur Banyan Tree, located in the median on MacArthur Boulevard, just north of Northlake Boulevard. SECTION 2. Section 118-312 of the City's Code of Ordinances is hereby enacted, as follows: Sec. 118-312. MacArthur Banyan Tree Historic Overlay Protection Zone (a) Purpose and intent. The MacArthur Banyan Tree is actually finro trees that have grown together. The trees are located at the entrance to the City of Palm Beach Gardens and have a unique history. City Founder John D. MacArthur had these trees planted at their current location in the early 1960's, and they have become an identifying landmark of the City. The first tree dates back to approximately 1881, and was planted at its current location in April of 1961. The second tree was planted at its current location a couple of years later. Sometime in the early 1960's, decorative fountains and pools were added in the areas immediately to the east and west of the MacArthur Banyan Tree. The intent of this section is to implement protective measures that preserve and enhance the MacArthur Banyan Tree for residents and future generations, and to restore the landscaping surrounding the tree (including the theme of the early 1960's pools, fountains, and vegetation). (b) Protecfion zone established. The MacArthur Banyan Tree Historic Overlay Protection Zone is hereby established and shall encompass the area located within 200 feet of the dripline of the MacArthur Banyan Tree located in the median of MacArthur Boulevard approximately 150 feet north of Northlake Boulevard. ( c ) Protection zone guidelines. (1) For the purposes of this section, the term "kill or damage" will include, but not be limited to, the following: A. Killing or removing the MacArthur Banyan Tree (the "Tree"). B. Damaging the body of the Tree or its root structure through _ modifications of existing drainage patterns, water table, road, hydroperiod, or existing grade. C. Causing the Tree or its branches to come in contact with any structure, vehicle, or utility facility. (2) No clearing or development shall occur within the MacArthur Banyan Tree Historic Overlay Protection Zone unless approved by City Council. Applications to clear or develop within the MacArthur Banyan Tree Historic Overlay Protection Zone i Ordinance 17, 1999 Page 4 shall not be considered complete unless submitted with a comprehensive analysis, prepared by a duly authorized environmental consultant, arborist or related landscape specialist, detailing the impact of the proposed clearing or development on the MacArthur Banyan Tree. The City may, in its discretion, obtain an independent analysis at the applicant's expense. (3) Pruning of the MacArthur Banyan Tree is prohibited unless expressly authorized by the City. (4) Any activity which kills or damages the MacArthur Banyan Tree, whether intentional or not, shall be considered a violation of this section. Such activity may include, but is not limited to, improvements or maintenance to roads or drainage systems. (5) Road widening shall be prohibited within the MacArthur Banyan Tree Historic Overlay Protection Zone unless it can be demonstrated that such widening will not � kill or damage the Tree.. Any road improvements conducted within the MacArthur Banyan Tree Historic Overlay Protection Zone shall use pervious concrete in the resurFacing of the roadway (unless otherwise approved by the City Engineer). (6) No utilities (above ground or below ground) shall be permitted within the crown (above or below) of the,MacArthur Banyan Tree. (7) Development which occurs within the MacArthur Banyan Tree Historic Overlay Protection Zone shall comply with the Conceptual Roadway Beautification and Enhancement Master Plan dated November 18, 1987 (specifically sheet L1.3 prepared by team plan, inc.). City Council may waive this requirement so long as the proposed plan maintains the primary theme of the Roadway Beautification and Enhancement Master Plan such as pools, fountains, landscaping and vegetation. (d) Enforcement. The City shall enforce violations of this section by any and all means available. SECTION 3. The City Clerk is hereby directed to ensure that the contents of this ordinance be codified as part af the City Code of Ordinances. SECTION 4. 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. � Ordinance 17, 1999 Page 5 SECTION 5. All ordinances and resolutions of the City, or any part thereof, which are in conflict with this ordinance are hereby repea{ed. SECTION 6. This ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 15TH DAY OF APRIL, 1999. ; PLACED ON SECOND READING THfS DAY OF , 1ggg, PASSED AND ADOPTED THIS DAY OF , , 1999. JOSEPH R. RUSSO, MAYOR LAUREN FURTADO, VICE MAYOR ATTEST: LINDA V. KOSIER, CMC, CITY CLERK : VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCIL MEMBER SABATELLO COUNCIL MEMBER JABLIN COUNCIL MEMBER CLARK g/short: mactree.or7 /jl CARL SABATELLO, COUNCIL MEMBER ERIC JABLIN, COUNCIL MEMBER DAVID CLARK, COUNCIL MEMBER APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY AY� NAY ABSEIVT � CITY OF PALM.BEACH GARDENS CITY COUNCIL A�enda Cover Memoranc�um SUBJECT/AGENDA ITEM: Date Prepared: March 29, 1999 Date of Meeting: April 15, 1999 � Workshop/1st Reading: Ordinance 17, 1999 - Petition TXT-99-01: City Historic Designation and MacArthur Banyan Tree Historic Overlay Protection Zone Ordinance, by City of Palm Beach Gardens Staff, to amend the City's Land Development Regulations to allow City Council to designate historic and archeologically significant sites, and to establish a protective historic overlay zone for the MacArthur Banyan Tree. RECOMMENDATION/MOTION: Staff recommends approval of Ordinance 17, 1999. Reviewed by: Originating Dept.: Costs: $ Council Action: �w' Total City Attorney 0 ��, �`S Growth Management [] Approved t�,tt��; '� Finance NA $ ACM � J Current FY �� App�oVed w�condtnons [ . ] Denied Human Res. NA Other NA Advertised: Fundin Source: g [ ] Continued to: Date: [ ) Operating Attachments: Paper: The Palm [] Other Ordinance 17, 1999 Beach Post March 29, 1962 copy of cover of The Gulf Stream News Submitted by: [ ] Not Required Growth Management Affected parties Budget Acct.#: Directo City Residents and future developers Approved by: [X] Notified [ ] None City Manager [ ] Not required HISTORY OF THE TREE: In late 1960, a Lake Park resident reported that she would have to remove an 80 year old banyan tree on her property, because the tree was damaging the street and threatening the foundation of her house. John D. MacArthur was in the midst of landscaping his new City, Palm Beach Gardens, and stepped in to save the tree. The tree was 60 feet high, had a 125 foot crown, and weighed approximately 75 tons. MacArthur decided to replant the tree at the entrance to his new city. It took six months to get the tree ready for moving. On April 26, 1961, MacArthur sent two , cranes to lift the tree upon two lowboy-cargo trailers. With the assistance of two huge earth movers, the three mile relocation of the tree began. A feed mill tank truck burst and spewed 10,000 gallons of molasses into a roadway specially bulldozed to move the tree. The four feet of fill needed to cover this mess raised the roadway just enough to make the tree hit and snap several railway signal lines, and caused all the railroad gates within eight miles to close. Furthermore, a cable parted while the tree was being hoisted over the 18 foot Western Union lines connecting southern Florida with the rest of the world, and the tree fell and cut the lines, which severed all ticker-tape communications and crushed an earth mover. The tree was placed on the railroad tracks temporarily, but long enough to � delay three fast passenger trains. A conductor on one of the trains commented that he had "seen a lot of things hold up trains, mainly cows, but he had never seen a tree do it." About 1008 man-hours and $30,000 later, the tree was replanted in a hole that was three times too big and had to be filled in. MacArthur hired an expert nursery crew to look after the planting, and when a local minister approached him about saying a blessing over the tree, MacArthur replied that it wouldn't hurt to ask God for a little rain. Some people questioned the justification of spending so much money on a tree, but MacArthur responded by saying, "I can buy anything but age. This tree will be the centerpiece of our entrance; and while we could plant a little one there, I wouldn't be around 80 years from now to see it as it should be." MacArthur, who was given the nickname "Banyan Mac", also saved several other banyan trees that ranged in weight between five and 100 tons. One of these banyans was a female tree with red berries from the same Lake Park neighborhood as the first tree (which was a male). A spokesman for MacArthur stated that, "We'll have a marriage of the trees." The female tree was planted next to the male at the entrance; the two trees have grown into each other, and have in effect become one tree. In the early 1960's, fountains, pools, and landscaping were added by John D. MacArthur to the east and west of the tree to enhance the area as an entryway into the City (see attachment). In the late 1970's and earty 1980's, the fountains, pools, and most of the landscaping fell into disrepair and were removed. Today, only the MacArthur Banyan Tree � and some of the original early 1960's palm trees remain, along with a flag pole and small monument honoring the 10th anniversary of John D. MacArthur's founding of the City. RATIONALE: Staff is requesting that the City amend its Land Development Regulations to allow City Council to designate historic and archeologically significant sites, and to establish a protective historic overlay zone for the MacArthur Banyan Tree. Currently, historic and archeologically significant sites in the City are only designated as such if the sites are listed in the National Register of Historic Places (maintained by the U.S. Department of the Interior), or listed in the state master site file (maintained by the Bureau of Archaeological Research, Department of State). This amendment would permit City Council to designate a site as historic or archeologically significant, but would not prevent the property owner from full use of the site. Local designation is a tool that can be used to encourage property owners and residents to preserve a historic or archeologically significant site; it does not mean, however, that the site is protected from any change or development. By locally listing the MacArthur Banyan Tree as a historic site, the City can encourage residents and developers to protect the Tree. � The historic overlay zone for the MacArthur Banyan Tree will further protect the Tree from future development and infrastructure improvements. Currently, there is no historic protective overlay for the Tree. The only protection the Tree receives is in Section 98-73 � List of protected trees, and this protection is based on the Tree's environmental significance and does not specify restrictions that will protect the Tree. Staff feels that because of the Tree's unique history, and iYs identity as the main feature of the entry way to the City, greater protective measures need to be incorporated into the City Code to preserve and maintain the quality of the MacArthur Banyan Tree. STAFF RECOMMENDATION: Staff recommends that the attached ordinance be approved, thereby enabling City Council to designate historic and archeologically significant sites (with the MacArthur Banyan Tree being the Council's first such designated site), and establish specific protection measures to preserve the MacArthur Banyan Tree. LAND DEVELOPMENT REGULATIONS COMMISSION: The consistency of this petition with the City's Comprehensive Plan was evaluated by the Planning and Zoning Commission sitting as the Land Development Regulations Commission at their March 23, 1999 meeting. The Commission found this petition to be consistent with the Comprehensive Plan. 3 � PLANNING & ZONING COMMISSION RECOMMENDATION: This petition was heard by the Planning and Zoning Commission on February 23, 1999 as a recommendation to City Council. The Planning and Zoning Commission discussed several issues, including whether a conservation easement would provide the necessary protection. Growth Management Director Manning felt that this overlay ordinance would pravide better protection. The Team Plan landscape concept was also discussed. With a 6- 0 vote, the Commission recommended APPROVAL of petition TXT-99-01, a request for amendmeni of the City's Land Development Regulations to allow City Councii to designate historic and archeologically significant sites, and to establish a proteetive historic overlay zone for the MacArthur Banyan Tree. 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X 24"SPR. red oleander #3 FULL NOS NERIUM OLEANDER SALMON 20"-24"HGT. X 18"SPR. dwarf oleander TJ TRACHELOSPERNUM JASMINOIDES 18"SPR. GALLONS confederate star jasmine 21 24 121 9 2464 1044 526 1113 68 638 1107 VS VIBERNUM SUSPENSUM 24"HGT. X 18"SPR. FULL 215 sandankwa vibernum � � � � .a,. � y�: � , �r�?�t�.,w,:rnu�'.-,� .� i ;�� CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 15, 1999 Date Prepared: April 9, 1999 SubjectlAgenda Item: Item for City Council Action: Petition VW-99-03, Consideration of Waivers 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 to allow for the application of a Non-Residential Mixed Use Development at "Catalfumo Parcel 12.04, northeast corner of MacArthur Boulevard and Northlake Boulevard". Reviewed by: Originating Dept.: Costs: $_0 Council Action: Total City Attorney N/A Planning Division [] Approved $ 0 [ ] App�OV@d wl conditions ACM � Current FY [ ] Denied Other N/A Advertised: Funding Source: [] Continued to: Date: ( ] Operating Attachments: Paper: [] Other N/A Location Map Submitted by: [ ] Not Required Growth Mgt. Director Affected parties Budget Acct.#: Approved by: [ ] Notified [ ] None City Manager [ x] Not required BACKGROUND: This is a request for a waiver from the residential criteria 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) 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. City Council must approve or deny a waiver based on compliance with this criteria. Staff has determined that the petitioner has met only one of the following four criteria: (1) The parce/ represents in-fill development and is surrounded on three sides by non- residential land uses including man-made and nafural barriers such as canals and major arterial roadways. The petitioner has met this criteria. 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. (2) The density�ntensity of existing or future land uses immediately surrounding the parcel are compatible with non-residential uses. The petitioner has not met this criteria. 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. (3) The adjacent surrounding planned and approved or existing buiit environment is over 60% residential, and non-residential uses are determined to provide forgreater horizontal integration of uses. The petitioner has not met this criteria. There is no adjacent surrounding planned and approved or existing built environment which is residential and non-residential uses are determined to provide for greater horizontal integration of uses. (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 otlier MXD uses is limited. The petitioner has not met this criteria. 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. Staff is recommending that the petitioner consider combining both the 5.2 acre parcel and 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 a Non- residential Mixed Use Development application. G:\Long Range\wv9903.st.wpd PETITIONS WV-99-03 & WV-99-04 WAIVER APPLICATION FOR NON-RESIDENTIAL PUD CATALFUMO PARCELS 12.04 & 12.05 CITY OF PALM BEACH GARDENS CITV COUNCIL Agenda Cover Memorandum Meeting Date: April 15, 1999 Date Prepared: April 9, 1999 Subject/Agenda Item: Item for City Council Action: Petition VW-99-04, Consideration of Waivers 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 to allow for the application of a Non-Residential Mixed Use Development at "Catalfumo Parcel 12.05, northwest corner of MacArthur Boulevard and Northlake Boulevard". Reviewed by: Originating Dept.: Costs: $_0 Council Action: Total City Attorney N/A Planr�ing D�ision [] Approved , (� $ � [ ] Appl'OV2C1 w/conditions ACM � ��l Current FY ' [ ] Denied Other N/A Advertised: Fundin Source: g [ ] Continued to: Date: [ ] Operating Attachments: Paper� , [] Other N/A Location Map Submi ed by: [ j Not Required � Growth Mgt. Direct r Affected parties Budget Acct.#: Approved by: [ ] Notified [ ] None City Manager [ x] Not required BACKGROUND: This is a request for a waiver from the residential criteria 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) 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. City Council must approve or deny a waiver based on compliance with this criteria. Staff has determined that the petitioner has met only one of the following four criteria: (1) The parcel represents in-�ll development and is surrounded on three sides by non- residential land uses including man-made and natural barriers such as cana/s and major arferia/ roadways.� The petitioner has met this criteria: 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 Residential Medium land use, on the east by vacant land with Mixed Use (MXD) land use, on the south by Northlake Boulevard and on the west by Palm Beach County Commercial land use to the west. (2) The density�ntensity of existing or future land uses immediate/y surrounding the parce/ are compatible with non-residential uses. The petitioner has not met this criteria. 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, create an incompatible situation. (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 criteria. 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 con�guration of the parcel, the ability to provide and economically feasib/e, sustainab/e, integrated residentia/ component that functions to enhance and complement the other MXD uses is limited. The petitioner has met this criteria. 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. 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 a Non- residential Mixed Use Development application. G:\Long Range\wv9904.st.wpd PETITIONS WV-99-03 & WV-99-04 WAIVER APPLICATION FOR NON-RESIDENTIAL PUD CATALFUMO PARCELS 12.04 & 12.05 � CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 15, 1999 SubjectlAgenda Item: Item for Discussion: Utility/Infrastructure Conflicts with Landscaping Recommendation/Motion: Staff desires direction on the utility/infrastructure conflicts with landscaping. Reviewed by: 1 Originating Dept.: 1 Costs: $ 0 � Councll Action: � City Attorney N/A Finance N/A ACM Human Res. N/A Other N/A Submitted by: ��i Department Du Approved by: City Manager BACKGROUND: Growth Management Advertised: Date: Paper: [ x ] Not Required Affected parties [ ] Notified [ x ] Not required Total $ 0 Current FY Funding Source: [ ] Operating [ J Other N/A Budget Acct.#: [ ] Approved [ ] ApP�OVBd w/conditions [ ] Denied [ ] Continued to: Attachments: [ ] None City staff is experiencing an upsurge in complaints and questions from residents, property owner associations, utility companies and Palm Beach County about how to resolve conflicts between utility/infrastructure and landscaping, particularly the trees and palms that are uplifting sidewalks or getting into overhead powerlines. The City is having growing pains with its vegetation. The recently planted and old existing trees/palms are not a problem, but generally around the fifteenth year of a tree/palm's growth, we start seeing the effects that roots and canopy growfh have on utilities and infrastructure. It is also around year fifteen that the aesthetics and environmental benefits of a tree/palm begin to be noticed as an asset. Contributing factors to our present conflicts are as follows: • The widening of. roads bringing pavement and sidewalks closer to buffer landscaping; • The relocation of utilities closer to landscaped buffer areas or the double utilization of open space for utilities and landscaping (utilities no longer will locate in the road right-of-way, but need a separate easement on the adjacent property); • The past (1970's to late 1980's) use o,f tree species that we have learned though experience ace undesirable due to the their invasive nature, growth potential or degree of nuisances; • Adopting the City's pruning standards forbidding hatracking, thus allowing a tree's growth potential to be maximized; • Utility companies began organizing their own standards for landscaping in and around their easements, almost as a direct result of Hurricane Andrew; • Lawsuits over safety issues caused by landscaping. Discussion: Utility companies have a legal obligation to maintain their utilities by what ever means possible for the health, safety and welfare of the people. The continued double utilization of open space for utilities and landscaping is a problem. Not providing enough open space or protection for infrastructure is also a problem. In order to help prevent future vegetation/utility conflicts, staff is considering the following land development requirements for new projects: • Wider than a 15' or 8' buffers around projects, if utilities need their own space and/or adopting FP&L or Seacoast planting standards ; • Putting all utilities underground with root barriers as needed ; • Requiring developers to have their landscape architects certify that they have coordinated their plans with utility providers and avoided conflicts and/or having detailed utility plans prio� to project approval; • Requiring developers to establish root barriers up front, especially protecting sidewalks; • Requiring buffers and street trees to be within common open space unencumbered by utility easements; • Requiring property owner documents to always have tree protection clauses; The City's tree canopy contributes greatly to the overall appearance of our community. - _ . _ - -_ Therefore tree removal is a policy issue. Staff needs to know whether City Council wants to recognizes the planned obsolescence of trees in our current codes, so that when a tree becomes a conflict it should be heavily pruned or removed and replaced, or change the codes to prevent future conflicts and protect trees and vegetation for the long term. Recommendation: Staff recommends that the Land Development Regulations be revised to incorporate the criteria to prevent future utility/infrastructure conflicts. Please Name: Print � �� COZII�'1'8 ?R01[ T88 PIIBLIC R�qu�st to 71ddr�ss City Coumcil �� /�/�� Address : �il � ..�� 7P�i��G� �� `� 1 � �% l �A ��n �p�� (�' u�-�` - city: �. � I� � •�,' � L- 3 � �/ D Subj ect : �T.�'t� fJl� �� L��1-�t✓ � T, i G�,PJt.� dl �r.i�9-�-�'� � a- c��-� �vhti�L�� a� /�ooC %�� ' '- _� -�tieo�-� � �� - �- �-e�,,� �.�� ' , �Y�� .�/- � � _ � . � �--LM� �� Z�� /e-vvi (�,e � Gv,,�-� , � __ - Members of the pui�lic may , address tt_-= Cit� Council durinq th� � "Comments by the l�ublic" poi-tion of th� aqenda and durinq "Public Hearinqs". s'his ft�qu�st;to 71ddr�s• th� City Conncil sust b� d�liv�r�d to th� City C��rr prfor�to th� coa�aac�asnt oi th� s��tinq. sh� ti�� lisit,''tor �aah sp�s.'��r is lisit�d to thr�� 3) sinut�s. � --- ; - � � - - - - - „-- - - ------ � E �