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Home My WebLink AboutAgenda Council Agenda 110598All those wishing to address the City Council need to complete the necessary form (supply located in back of Council Chambers) and submit same to the City Clerk prior to the meeting being called to order. REVISED: 11/5/98 CITY COUNCIL CITY OF PALM BEACH GARDENS REGULAR MEETING NOVEMBER 5, 1998 7:30 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin Councilman David Clark and Councilman Carl Sabatello III. ANNOUNCEMENTS: IV. CITY MANAGER REPORT: 1. Construction Manager's Report V. PRESENTATIONS: 1. Presentation to Joseph Sheehan of the Police Department for 10 years of service to the City. 2. Presentation to David DeRita - Fire Inspector of the Year VI. AWARDING OF BIDS: 1. Awarding of Bid for Hystat Dozer 2. Awarding of Towing Contract 3. Awarding of Bid for Grant Application Services VII. ITEMS BY MAYOR AND COUNCIL: VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda IX. CONSENT AGENDA: 1. Consideration of Approval of 10/1/98 City Council Regular Meeting Minutes 4. Consideration of Approval of 10/6/98 City Council Workshop Meeting Minutes 5. Consideration of Approval of 10/15/98 City Council Regular Meeting Minutes 6. Proclaiming November 17, 1998, as "Arbor Day ". 7. Resolution 114, 1998 - Consideration of Approval of Western Northlake Planning Study as Planning Tool 8. Resolution 118, 1998 - Consideration of Approval of Plat For BallenIsles Parcel 20A & B. 9. Resolution 119, 1998 - Consideration of Approval of Hibiscus Restaurant Plat 10. Resolution 123, 1998 - Consideration of Approval of Plat for BallenIsles Parcel 8A. 11. Resolution 124, 1998 - Consideration of Approval to Support Municipal Competitive Grant Program Funds for Enhancement of Emergency Management and Mutual Aid Programs. X. PUBLIC HEARINGS: Ordinance 6, 1998 - Providing for Amendment to Article IV of Chapter 2 of the City's Code of Ordinances Entitled "Code Enforcement" By Providing for Code Enforcement Proceedings to be Conducted by a Special Master. (Public Hearing, adv. 10/21/98; Consideration of Second Reading and Adoption) City Council Regular Meeting November 5, 1998 Page 2 XI. RESOLUTIONS: Resolution 115, 1998 - Consideration of Approval to Extend Term of Office for Two Members of the Board of Trustees of the General Employees' Pension Fund. Resolution 116, 1998 - Consideration of Approval of Art In Public Places for the MacArthur Center Office Building. Resolution 117, 1998 - Consideration of Approval of the Northlake /Congress Commercial Center. (Pollo Tropical /Walgreens) Resolution 120, 1998 - Consideration of Approval of an Amendment to The Oaks PUD, known as The Oaks Center, to Eliminate the Second Story Space in the Easternmost Building, the Addition of 2 Decorative Towers and Connecting 3 Buildings. Resolution 121, 1998 - Consideration of Approval of a Site Plan Amendment to Parcel 10, BallenIsles For the Entry Way, Signage, and Landscaping. XII. ORDINANCES: (For Consideration of First Reading) Ordinance 26,1998 - Providing for a Waiver from the PGA Boulevard Corridor Overlay Section 118 - 280(g)(14), Entitled "Building Design Guidelines" "Underground Utilities" and a Modification to the Approved City Centre Landscape Plan. (Consideration of First Reading) XIII. ITEMS FOR COUNCIL ACTION: 1. Municipal Complex Construction Change Orders XIV. ITEMS FOR DISCUSSION: 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. / CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum 14 �. Date: 10/13/98 Purchase of Hystat dozers' and allied winch from Kelly..'Tractor Subject/Agenda Item Piqqyback off of the State Contract with Kelly Tractor, In Recommendation /Motion: State Bid No. 46- 760 -001 -P and Contract No. 760- 900 -1 Reviewed by: Originating Dept: Costs: $-6A,-0-17. 00 Council Action: Total City Attorney Public Works [ ] Approved , Finance D,0 $ 70; 000 . [ ] Approved w/mnaR= Current FY ACM [ ] Denied Advertised: Funding Source: ( ] Continued to: Human Res. Date r Operating Attachments: Other Paper. WNot Required (j Other Proposals Submitted by: %1? dppartmenttbUctor Affected parties Budget Acct. #:: Notifed 01-3040-541.6421) (j None Approved by: City erequired ri Mai g [ j Not re q BACKGROUND: N I CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 MEMORANDUM TO: Bobbie Herakovich, City Manager FROM: Bob Patty, Director of Public Works DATE: October 14, 1998 RE: Purchase of bulldozer for Public Works Department The Public Works Department has budgeted $70,000.00 in the 1998 -1999 budget Account No. 01- 3040 - 541.6420 for the purchase of a new bulldozer for the Drainage Division. This is needed to accomplish the required platform construction along canal R.O.W. to access equipment to perform the appropriate canal maintenance dredging. This piece of equipment would enable the Department to reduce costs and expedite the canal work to an acceptable time schedule. Staff has researched other manufacturer's equipment of similar size and feels that the State bid it far below other manufacturers pricing. I am attaching copies of the proposal from Kelly Tractor Co. reflecting that the quotation given is based on the State bid No. 46- 760 -001 -P Contract No. 760 -900 -300. Public Works is recommending that Council consider a motion to piggyback off of the State contract and purchase the Cat D3GLX III Hystat Dozer with the Allied Winch W3C attachment from Kelly Tractor Co., for a total sum of $64,017.00. As always, I will make myself available at the next Council meeting to answer any questions you may have. cc: file attachments KELLY TRACTOR CO. N° QUOTATION AND INVOICING ORDER 14951 PAGE 1 OF 2 DATE: / / UAFORTANT: Do not sign this Quotation and Invoicing Order before you read it in its entirety, or if it contains any blank spaces to be filled -in. You are entitled to an exact copy of this Quotation and Invoicing Order. CUSTOMER ADDRESS: '' CITY: STATE: ZIP: INDUSTRY CODE: ( ) SALE/ ( ) CONDITIONAL SALE/ ) LEASE/ ( ) VNTAL OF THJE FOLLO EQUIPMENT:. MODEL C I 1 1 _►EIl W', t.Y AA \W3( SERIAL # XIM)M [OCHASE INFORMATION PURCHASE/CONVERSION PRICE: FINANCED AMOUNT: LESS TRADE -IN DOC STAMPS? REC FEES YR MAKE PLUS INTEREST MODEL cQ % SN TOTAL S SUBTOTAL DUE IN INSTALLMENTS OF % SALES TAX EACH BEGINNING DOWN PAYMENT — INSURANCE TOTAL AMOUNT $ ....................................................................... ............................... I_F_ASEIRENTAL TERMS LEASEiRENTAL RATE INSURANCE SUBTOTAL % SALES TAX TOTAL MONTHLY PAYMENT TRANSPORTATION (PLUS TAX) INITIAL LEASEMENTAL PERIOD BEGINS MINIMUM LEASE PERIOD % TO APPLY TOWARD PURCHASE INTEREST ADDED AT % BEGINNING SHIFT OPERATION NOT TO EXCEED SERVICE HOURS PER RENTAL PERIOD CHARGE FOR OVER USE S PER HOUR AMOUNT DUE PRIOR TO DELIVERY S VALUE FOR INSURANCE PURPOSES S Customer elects to have the rental unit insured through Caterpillar Loss Waiver Program at the customer's expense, less applicable deductible. The policy limits are $2,000,000.00 per occurrence. Yes ; No . If no, customer implicitly guarantees that he will secure insurance coverage for the rental equipment in the amounts and manner specified in Paragraph number 8 of this Contract. Failure to secure coverage will result in the customer assuming ALL liability for the equipment. By signing below Customer agrees: (1) to pay for all damages to the equipment; and (2) to have read and understood the above and all of the terms and conditions ad forth on both sides of this agreement and on the reverse of this document. CUSTOMF_R AND KF_LLY TRACTOR CO. APPROVAL "By signing below, Buyer/Lessee acknowledges that they have received both sides of this document and agrees to the terms and conditions on the reverse side hereof and any ?ddendums attached hereto." Customer approval Title Purchase Order No. Sales Dept. Approval Credit Dept. Approval Contract Number KELLY TRACTOR CO. N2 14949 PAGE 1 OF 2 QUOTATION AND INVOICING ORDER DATE: f) /1!5 EMPORTANT: Do not sign this Quotation and Invoicing Order before you read it in its entirety, or if it contains any blank spaces to be filled -in. You are entitled to an exact copy of this Quotation and Invoicing Order. CUSTOMER NO n 4 SHIP TO: k'5 BUYER /LESSEEIL ,tw nC oam - 7dtzlx►.1� � -�,, e � N» ADDRESS: f�i-�'c'C F -7 LD —c-DM — 22M CITY: STATE: ZIP: INDUSTRY CODE: ( ) SALE/ ( ) CONDITIONAL E/ SE/ MODEL a i I_ �LEA ��C� SERIAL # RENTAJ, OF THE FOLLOWING EQUIPMENT: �7_7 . Nar�[L�L12i?!�1S CHASE INFORMATION PURCHASE/CONVERSION PRICE 5 4� FINANCED AMOUNT: LESS TRADE -IN DOC STAMPS? REC FEES YR MAKE PLUS INTEREST MODEL Q % SN TOTAL SUBTOTAL DUE IN INSTALLMENTS OF % SALES TAX DOWN PAYMENT INSURANCE TOTAL AMOUNT $ MI 1-41 !-A LEASE/RENTAL RATE INSURANCE SUBTOTAL % SALES TAX TOTAL MONTHLY PAYMENT TRANSPORTATION (PLUS TAX) INITIAL LEASE/RENTAL PERIOD BEGINS EACH BEGINNING _ / _ / _ a LEASE/RF.NTAL TERMS *'301 5C0 MINIMUM LEASE PERIOD % TO APPLY TOWARD PURCHASE INTEREST ADDED AT % BEGINNING SHIFT OPERATION NOT TO EXCEED SERVICE HOURS PER RENTAL PERIOD CHARGE FOR OVER USE S PER HOUR AMOUNT DUE PRIOR TO DELIVERY $ VALUE FOR INSURANCE PURPOSES $ Customer elects to have the rental unit insured through Caterpillar. Loss Waiver Program at the customer's expense, less applicable deductible. The policy limits are S2,000,000.00 per occurrence. Yes , No . If no, customer implicitly guarantees that he will secure insurance coverage for the rental equipment in the amounts and manner specified in Paragraph number 8 of this Contract. Failure to secure coverage will result in the customer assuring ALL liability for the equipment. By signing below Customer agrees: (1) to pay for all dam8ges to the equipment; and (2) to have read and understood the above and all of the terms and conditions set forth on both sides of this agreement and on the reverse of this document. CUSTOMER AND KKLLY TRACTOR CO. APPROVAL "By signing below, Buyer/Lessee acknowledges that they have received both sides of this document and agrees to the terms and conditions on the reverse side hereof and any addPndums attached hereto." Customer approval Title Sales Dept. Approval Credit Dept. Approval. Contract Number ETRACTOR CO. Lk K�l SERVING THE INDUSTRY SINCE 1933 Miami 8255 NW 58 Street Miami, FL 33166 -3493 (305) 592.5360 FAX (305) 477.2024 Pompano Beach 1868 NW 21 Street Pompano Beach, FL 33069-1306 (954) 9794666 FAX (954) 979.5001 West Palm Beach 5460 Okeechobee Boulevard West Palm Beach, FL 33417 -4587 (561) 683.1231 FAX (561) 683.4591 Clewiston 801 E Sugadand Highway Clewiston, FL 33440.2699 (941) 983.8177 FAX (941) 902- 1000 Fort Myers 9651 Kelly Tractor Or Fort Myers, FL 33905.1699 (941) 693.9233 FAX (941) 693 -8876 Punta Gorda 8241 Pascal Drive Punta Gorda, FL 33950 -4727 (941) 639.7772 FAX (941) 637.9929 Orlando (Cranes Onty) 17300 E Colonial Drive Orlando, FL 32820 -2207 (407) 568.8055 FAX (407) 568.7701 September 15, 1998 Re: State bid 46- 760 -001 -P Dear Valued Customer, We have been awarded the State Bid for purchasing the following Caterpillar Machines. Now is a great time to source new machine purchases at this special bid price: • 416C /IT Backhoe —Contract number 760 - 960 -110 • _'MCP, v(i�l„�Siz�, d,�'r_°rac'�orGo�iract,�60,�00= • D6M XL Mid -Sized Tractor — Contract 760 - 900 -330 We would like to have the opportunity to provide you with more details regarding procuring machines of this size class. Please call me at (305) 592 -5360 Ext 124. Thank you, 5��L John Bentley Government Sales Coordinator www.kellytractor.com Link - Belt® f� •: ®CRANES �uF _ EfAREiERGREENE &WACKER � MA89EY FERGUSON SV ©IRs ' i, 4 t.. i a sjt'r� -, L.,.1 � � vi .t e•tr --1 �, 'd J 1 . +.., tty+UL... .T�� -. - - f t�, r ..1 i � • r -'�i t.. 17 -��ta Y� � Y (: .. • 1' �•` v i3J� ^�i p+ ��" -�iy s 1� l ii { " b. { �• � fit"! _� ` r, �"' �' s�.. .;- c.4+t1"k- �%`!t�,sY�'- n.ns,. � .B�.S `` � s` c ^'�?�;(.1� C+f..rc�7':_` "" Q,�'.. f A- i w� 3 t'I Cd , tt' Wit 3 ,_ � z .. ...«� •� . . f:� t`\\yii r., o'''ff. ♦t ' •^ IL A��as.at- if opAY -ay.�e cd JJ C IL f Cl ..,.wnar►.w� t► yw.raoyj 1,� ley � T ti.-x« f A- i w� 3 t'I Cd , tt' Wit 3 ,_ � z .. ...«� •� . . f:� t`\\yii r., o'''ff. ♦t CITY OF PALM BEACH GARDENS CITY COUNCIL - Agenda Cover Memorandum Date:-1 n/27/9L City Towina Services Contract SubjL- ttlAgenda Item KauffIs of Palm Reach Tnr. ReoommendationlMotion: Reviewed by: Originating Dept: Costs: $630 , QQ Council Action: Total City Attorney_ Public Works [ ] Approved Finance_ 0,_ _ $630-0 ( ] Approved wi=,c:;= Current FY ACM [ ]Denied , Advertised: Yes Funding Source: [ ]Continued to: Human Res. Attachments: Date: Sept . 6 , 19 P4 Operating Other Opened. 10 /09/98 Paper p, B. Post [X,] Not Required (]Other Submitted by: X6 Department Director Affected parties [ ]Notified Budget Acct.,,",:: 031 - 3020 - 539:4640 ( ]None Approved by: City Manager [ ] Not required BACKGROUND: Ii To: From: Date: Re: CITY OF PALM BEACH GARDENS 10S00 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410.4698 Bobbie Herakovich, City Manager Bob Patty, Director of Public Works io? 10/28/98 Proposal Review for City Towing Services Contract An Evaluation Committee was formed to evaluate the RFP applicants for the City of Palm Beach Towing Services Contract. The Committee members were Dick Holliday, Special Projects Coordinator and Jim Ballengee, Assistant Director of Public Works and Bob Patty. Each committee member reviewed the three (3) proposals for the City Towing Services as indicated on the bid tabulation sheet. The proposals were evaluated with respect to the bid price, support services, specifications and historical data. Bids were compared on cost to the City and cost to the Consumer for towing services. In both cases Kauff s was the lowest bidder. In the analyzing the City's cost, Kauff's is $309.00 lower than Lyon's and $564.00 lower than All Time Towing; in evaluating consumers' towing cost Kauff s is $1.25 cheaper than Lyon's and $1,540.50 cheaper than All Time Towing. I have attached the memo sent to me from Jim & Dick addressing their findings. The lowest bid for the City Towing Services Contract was received from Kauff s of Palm Beach Inc. Kauff s has sub - contracted with Lake Park and All Time Towing to provide backup service to expedite operations. Recommendations: At this time, the Public Works Department is requesting Council consider a motion to award the City's Towing Services to Kauff's of Palm Beach Inc. All three bids for the Towing Services Contract meet and /or exceed the bid specifications and support requirements. Should you have any questions regarding these recommendations, please contact me. I will make myself available for the next Council Meeting to answer any questions. cc: Jim Ballengee, Assistant Director of Public Works Dick Holliday, Special Projects Coordinator file Memo To: Bob Patty, Director of Public Works From: Dick Holliday, Special Projects Coordinator and Jim Ballengee, Assistant Director of Public Wor Date: 10/26/98 Re: Proposal Reviews for City Towing Services As per your request, the following is a summary of findings from Dick Holliday and Jim Ballengee. On September 6, 1998, a Request for Proposal was issued for the Towing Services for the City of Palm Beach Gardens. The bid was closed on October 9, 1998 and three (3) bids were received as indicated on the bid tabulation sheet (attachment 1). The lowest bid for the City Towing Services was received from Kauff s of Palm Beach Inc. based on previous year's historical data (attachment 2). Also, Kauff s has sub - contracted with Lake Park Towing and All Time Towing to provide backup service to expedite operations. All three bids for the City Towing Contract meet and /or exceed the bid specifications and support requirements. Staff recommends that Kauff s of Palm Beach Inc. be awarded the bid. cc: file BID TABULATION SHEET The following are the bids received for the City's Towing Services Contract: TOWING SERVICES Cars &Tracks Under 10K(Class A) Mileage Outside City Motorcycles Includes Trailer Mileage Outside City Trucks Between 10k 26K(Class B) Mileage Outside City Trucks Over 26K(Class C) Mileage Outside City 48 Lowboy Service Mileage Outside City Dollies or Flatbed Additional Mileage Outside City SERVICE CALLS Cars &Trucks up to 10,000 GWV Motorcycles Trucks over 10,000 GVW Inside Storage - Auto Inside Storage - Motorcycles Inside Storage - over 20 feet Outside Storage - Auto Outside Storage - Motorcycle Outside Storage - over 20 feet Additional Manpower Fee Additional Wrecker Fee/unit KAUFF'S LYON'S ALL TIME TOWING TOWING TOWING Non -City City Non -City City Non -City City Vehicles Vehicles Vehicles Vehicles Vehicles Vehicles $30.00 WC $30.00 WC $48.00 N/C $2.00 NC $2.00 $1.00 $2.00 $2.00 $30.00 WC $25.00 N/C $45.00 NC $2.00 N/C $2.00 $1.00 $2.00 $2.00 $40.00 NC $37.75 NC $75.00 WC $2.50 $1.00 $2.25 $1.75 $3.00 $3.00 $50.00 NC $50.00 $38.75 $100.00 $8.00 $2.50 $1.50 $2.50 $2.00 $4.00 $3.00 $60.00 N/C $70.00 $50.00 $85.00 $8.00 $3.00 $3.00 $3.50 $3.00 $4.00 $3.00 $25.00 N/C N/C NC $251$10 $25/$10 WC NC WC N/C $2.00 $2.00 $25.00 N/C $20.00 $10.00 $35.00 $25.00 N/C NC $20.00 l Yc $25.00 $20.00 $30.00 N/C $25.00 $15.00 $35.00 $25.00 $12.00 N/C $15.00 WC $20.00 $10.00 $12.00 N/C $5.00 NC $10.00 $5.00 $15.00 N/C $20.00 NC $20.00 $10.00 $12.00 NC $12.00 NC $15.00 $10.00 $6.00 N/C $4.00 NC $10.00 $5.00 $15.00 WC $20.00 NC $20.00 $10.00 Per a,b &c N/C WC WC $40.00 $20.00 Per a,b &c WC $30.00 N/C $25.00 $10.00 BID ANALYSIS FOR CITY TOWING SERVICES BASED ON HISTORICAL DATA FROM 01/01/98 - 10/14/98 SERVICE CALLS Cars &Trucks up to 10,000 GVW 2 Services Kauff s Lyon's All Time TOWING SERVICES Annual City City City Trucks over 10,000 GVW Estimate Vehicles Vehicles Vehicles Cars &Trucks Under IOK(Class A) 6 per year N/C N/C N/C Mileage Outside City 114 Miles N/C $114.00 $228.00 Motorcycles Includes Trailer 0 N/C N/C N/C Mileage Outside City 0 Miles N/C $0.00 $0.00 Trucks Between 10k- 26K(Class B) 0 N/C N/C N/C Mileage Outside City 60 Miles $60.00 $105.00 $180.00 Trucks Over 26K(Class C) 0 Miles N/C $0.00 $0.00 Mileage Outside City 60 Miles $90.00 $120.00 $180.00 48' lowboy Service 2 Tows N/C $100.00 $16,00 Mileage Outside City 160 Miles $480.00 $480.00 $480.00 Dollies or Flatbed Additional 0 Miles N/C N/C $0.00 Mileage Outside City 0 Miles N/C N/C $0.00 SERVICE CALLS Cars &Trucks up to 10,000 GVW 2 Services N/C $20.00 $50.00 Motorcycles 0 Services N/C N/C $0.00 Trucks over 10,000 GVW 0 Services N/C $0.00 $0.00 Inside Storage - Auto 6 per year N/C N/C $60.00 Inside Storage - Motorcycles 0 N/C N/C $0.00 Inside Storage - over 20 feet 0 N/C N/C $0.00 Outside Storage - Auto 0 N/C N/C $0.00 Outside Storage - Motorcycle 0 N/C N/C $0.00 Outside Storage - over 20 feet 0 N/C N/C $0.00 Additional Manpower Fee 0 N/C N/C $0.00 Additional Wrecker Fee /unit 0 N/C N/C $0.00 TOTAL CITY ESTIMATED COST $630.00 $939.00 $1,194.00 BID ANALYSIS FOR CONSUNIER TOWING SERVICES BASED ON MSTORIAL DATA FROM 01/01/98 - 10/14/98 TOWING SERVICES Cars &Trucks Under l OK(Class A) Mileage Outside City Motorcycles Includes Trailer Mileage Outside City Trucks Between IOk- 26K(Class B) Mileage Outside City Trucks Over 26K(Class C) Mileage Outside City 48' Lowboy Service Mileage Outside City Dollies or Flatbed Additional Mileage Outside City SERVICE CALLS Cars &Trucks up to 10,000 GVW Motorcycles Trucks over 10,000 GVW Inside Storage - Auto Inside Storage - Motorcycles Inside Storage - over 20 feet Outside Storage - Auto Outside Storage - Motorcycle Outside Storage - over 20 feet Additional Manpower Fee Additional Wrecker Fee/unit TOTAL CONSUMER EST. COST 12 Kauff s Lyon's All Time $240.00 Bid Bid Bid Est. Non -City Non -City Non -City Usage Vehicles Vehicles Vehicles $390.00 $30.00 $30.00 $48.00 $455.00 $2.00 $2.00 $2.00 7 $30.00 $210.00 $25.00 $175.00 $45.00 $315.00 0 $2.00 $2.00 $2.00 14 $40.00 $560.00 $37.75 $528.50 $75.00 $1,050.00 133 $2.50 $332.50 $2.25 $299.25 $3.00 $399.00 $20.00 $50.00 $50.00 $100.00 $2.50 $2.50 $4.00 0 $60.00 $70.00 $95.00 $4.00 $3.00 $3.50 $4.00 0 $25.00 N/C $25/$10 $1,360.00 N/C N/C $2.00 Cars &Trucks up to 10,000 GVW Motorcycles Trucks over 10,000 GVW Inside Storage - Auto Inside Storage - Motorcycles Inside Storage - over 20 feet Outside Storage - Auto Outside Storage - Motorcycle Outside Storage - over 20 feet Additional Manpower Fee Additional Wrecker Fee/unit TOTAL CONSUMER EST. COST 12 $25.00 $300.00 $20.00 $240.00 $35.00 $420.00 0 N/C $20.00 $25.00 13 $30.00 $390.00 $25.00 $325.00 $35.00 $455.00 10 $12.00 $120.00 $15.00 $150.00 $20.00 $200.00 1 $12.00 $12.00 $5.00 $6.00 $10.00 $10.00 0 $15.00 $20.00 $20.00 $12.00 $12.00 $15.00 69 $6.00 $414.00 $4.00 $276.00 $10.00 $690.00 68 $15.00 $1,020.00 $20.00 $1,360.00 $20.00 $1,360.00 Per a,b,c N/C $40.00 Per a,b,c $30.00 $25.00 $3,358.50 $3,359.75 $4,899.00 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date:—October 30, 1998 Subject/Agendaltern Request approval to "piggyback" an agreement between -the City of Lauderhill, Florida, and Hemphill Planning & Financial. Consulting Team Service, of Miami, to provide grant services associated with a grant application to the Local Government. Grants in Aid program as sponsored, by the Florida Legislature, to assist in providing funding for the district park land acquisition. Recommendation /Motion -* Authorize'City Manager to -sign ag>'eeroent -with- Hemphill Planning & Financial Consulting Team Service, to provide grant services associated with the Local Government Grants in Aid program as sponsored by the Florida Legislature. Reviewed by: Originating Dept: Costs: $ Council Action: Total City Attorney Parks and Recreation [ ] Approved Finance [ }Approved m condmws- Current FY ACM.. C ] Denied Advertised: Human Res. Funding Source: { ] Continued to: Attachments. Other Date: [ ] Operating Paper: [ X ] Not Required [. {Other I. Memo from Director Submitted by: Sue Miller, Department Director Affected parties [. ] Notified Budget Acct *.: [ jl lone. Approved-,by:. City Manager [ ] Not required MEMO. PARKS AND RECREATION TO: Bobbie Herakovich, City Manager., FROM: Sue Miller, Director, Parks & Recreation rfA DATE: October 30, 1998 RE: Grants Agreement Staff would like to apply for a grant through the Local Government Grants In Aid program (LGGIA), as sponsored by the Florida Legislature, to assist in funding land acquisition for the new district park. In order to accomplish this goal, staff would like to "piggyback" an agreement between the City of Lauderhill, Florida, and Hemphill Planning & Consulting Team Service, of Miami, to complete the grant application and provide administrative services during the course of the grant. The grant application will be for $1,000,000, using the new tennis center as a match for this grant. Upon receipt of the funding for this grant, staff would recommend this money be utilized to assist in the acquisition of land for the new district park. Mr. Hemphill's fee for securing this grant would be based upon a percentage of the total value of the alternative revenues or resources obtained for the City. The amount of each fee shall be a lump sum as calculated below: GRANT VALUE RANGE Initial amount between $1 - $100,000 Initial amount between $100,000 - $250,000 Initial amount between $250,000 - $500,000 Initial amount between $500,000 - $750,000 Initial amount between $750,000 - $1,000,000 PERCENTAGE RATE 16.5% 9.5% 8.5% 7.5% 6.5% MAXIMUM AM01UNT $16,500 $14,250 $21,250 $18,750 $16,250 Total Maximum Fee $87,000 Memo, City Manger - Grant Application October 30, 1998 Page 2 Since the grant would not be awarded until this time next year, funding to pay for Mr. Hemphill's services would need to be budgeted in FY 199912000. As you are aware, Mr. Hemphill who is currently working with the city grants consultant, GGW &C, Inc., in making application for other parks and recreation grants, has received a letter from CGW &C, Inc.., allowing him to solely pursue, on behalf of the City, grants from state sources. If you have any questions regarding this proposal, I am available for discussion at your convenience. OCT -30 -9e 03:41 AM F102 CITY OF L=Z=LL PARKS AM I ,ZYSU" SRRVICR$ DZ'AR%W= GRANTS gZRV=CzS MNMMTxNC Af;ItEF.NRtQT loll A=te` PARTIES AtPD CCtJtQSCAI'SOddS This Consulting Agreement (:: ereinafter referred to a$ the "Agreement ") is between the City of Lauderhill (hereinafter re- ferred to as the "City ") and Star. A. Hemphill, d /b /a Planning & Financing Consulting Team Service (hereinafter referred to as the "Consultant "). The City's representative for this Agreement, Irvin Kiffin, is referred to herein as the "Director". All official written, telephone and fax.com.-nunications between the Director and the Con- sultant shall be addressed and /ox dialed as follows; To the nirsctor Irvin Kiffin, Director Parks and Leisure Services Department 2000 City Hall Drive Lauderhill, Florida 33313 Tel (9$4) 730 -3080 Fax (954) 730 -3025 Tn tho Consultant Stan A. Hemphill, Founder Planning & Financing Consulting Team Service 10241 S.W. 128th Street Miami, Florida 33176-5636 Tel (305) 971 -1352 Fax (305) 971 -1357 CCNStWING SZRVICZS The Consultant shall have the nonexclusive right and respons- ibility to perform the consulting services described in attachment A. Such services shall only be initiated and performed for each City project following the Consultant's receipt from the Director of an executed Attachment s Project Authorization Form that delin- eates the specific services to be performed. All materials pro- vided to and /or developed by the Consultant during the pe.tormance of the services for any project shall be the property of the CitY. nOdZCT XWO ULTIONt NZZTIN(;S, SOCIAL TOCTICNS AM ZV=8 The City shall provide the Consultant the necessary quanti- ties of (a) location maps, (b) aer :als, (c) aerial photographs, (d) on -sits photographs, (e) boundary maps or surveys, (f) site Control instruments, (g) site plans, (h) project schedules, (i) 01 cost estimates (j) organization charts, (k) ndrrat'ive informa- tion, (1) mounted visuals and (m) any other documents in a timely manner that are required to fulfill the consulting services for each authorized project. The City may invite the Consultant to attend Meetings, Social Functions and /vr Zvents regarding potential or authorized grant projects. The City shall provide the Consultant as much advance notice as possible. The Consultant shall attend on an "as avail- able" basis. srrinyZrga C _ 87►TSODi, SbTtiOZCSs AND BA NTS The City shall provide Compensation to the Consultant in the amounts listed in Attachment c for the successful performance of the consulting services for each authorized City project. The Consultant shall submit an invoice to the City for each applicable service performed. upon furnishing to the Director the following information: Grant Flannincr An executed grant agreement or. other form of and Generation approval of alternative revenues Cr XesOurc- ea. Grant Administration The final payment or other form of financial assistance value for each approved project. Grant agi=X An approved waiver of retroactivity. (Only if necessary) The City aball pay the Consultant the full amount of each in- voice within thirty (30) calendar days of the invoice date. The City shall make each payment payable to Stan A. Kemphill and mail it for receipt by the due date. AaREEMMO TIM The Term of this Agreement shall be for a period of three (3) years from the date of execution by both Agreement parties. At that time it shall automatically renew for an additional one (I) year unless. the City indicates to the Consultant In writing at least ninety (90), days prior to the effective expiration date that it will not extend the Agreement. AQRXZXM A1ZN=VT ($) This Agreement may be amended upon the execution of a written Agreement Amendment by both Agreement parties. 02 ocT- 3e -:a$ 01;42 AM Y. 00 AG" Mm" CAN4?LZATION This Agreement may be cancelled by either Agreement party upon sixty (60) days written notice to the other Party. In laid event, the Parties shall equitably resolve whether any payment due and owing to the Consultant for any and all consulting servic- es in progress and shall exec-ate a written Agreement Cancellat =on setting forth the terms and conditions thereof• AaR7CMONT ASSIGMaNT No portion of this Agreement nor any covenant, condition or responsibility described herein shall be assignable by either Agreement Party, A' �lt�ORC�I+iR' Either Agreement Party shall be entitled to recover from the other Party (a:) any reasonable attorneys fees, costs and expenses, (b) any court fees, costs and expenses and (c) any appellate tees, costs and expenses incurred in order to successfully en'orce any covenant or condition of this Agreement. COOPa1Wrm PROCUMUMN S Should another municipal, 11 ounty, regional, state or special taxing district governmental agency in the State of Florida desire one or more of the herein described Consulting Services, the Con- sultant may provide such ServiCe(s) to such agency for the same Services Compensation outlined in this Agreement, Af3R� T CCNT=T AM BZ=ATMWS This Agreement and Attachments At B and C supersede all pre, vious communications between the Agreement Parties regarding the herein described consulting services. These documents describe the entire relationship between the Parties. Each of the Parties executed this legally binding Agreement through their authorized representative as indicated on the following page. 03 OrT- 3g -9Fs a5 :4X AM P. d3 For The City: Dame And Title: Sate Signed: James L. Pennin' on For The Consultant* tom+ ,1 b3�► Stan A. Hemphill, Founder Name And Title: Planning & TinancintY Cpnsiiltina Team- SQrvice- . Date signed: -- October 04 o _ r- 3a_,Da os t a3 ism N , H b jkTTACxWM x C0143QLT=G xElVICZS SCOPZ The Consultant shall perform the following Grants Management Services for park and recreation capital improvements protects located at existing or future properties and facilities under the auspices or consideration of the City. These consulting services shall focus on grants and /or other types of alternative revenues and resources available from government agencies, foundations, corporations, voluntary organizations and /or supportive individu- als. 1. Qrants Pl.ami.nc and Generation The Consultant shall analyze the City's various protect needs and identify, research and schedule the pursuit of -rant and other alternative revenue programs that can help finance priority City capital improvement projects. The Consultant shall also prepare grant applications, advocate the projects and secure executed grant agreements or other forms o! approval for financial assist- ance resources 'that provide the City additional funding for capi- tal improvement protects. 2. Grants pAministrat4an The Consultant shall prepare and submit all project commence- ment, progress and close -out administrative documents required by grant program administrators to determine that grant p:cjects are acceptable and to obtain grant and /or other alternative revenue payments for the City. 3, G4fnts W4vers (Only if mecassary) The Consultant shall prepare requests for and obtain the ap- provals of waivers of retroactivity necessary to maintain the gratt cost sharing eligibility of any City project implementation actions commenced prior to receiving the written. approval of re- lated grants or other alternative revenues. 4. Other Related aerviceq The Consultant shall perform other related capital improve - ments services ter compensation as agreed to in writing by bCC?t Agreement Parties. Al 09:44 AM "AM PR=CT XUTHORzzAxIM P.ide O3►AxtdUATION CITY or XAMEP21LL N?�b� • VAR" AIM LISTS srBVTCSS nesARTI&M - CONSt7LTANT Df71b� : aTAP A. A*RZZ== WANZ & DATZ : G3'LNT8 vnWAXGT, w_WT 92"TC23 1-0/ YRQJZCT NAM: SPORT$ GRANT FLORIDA LZOISLATMU6 SOMM : ....LOCAL ACV !gT "LkWT, IN AID-- - GRIT In accordance with the ta=s and conditions of this Agree- ment, the Consultant is officially authorised to initiate, prom with and complete the following grants managwAmt consulting NeXT - ices fox this protect. Y GRM PLANNING AND GMRATION _ X OVA= MXXN13TMTION OP.= WAMR The Consultant ahall be compensated For the provision of these services in accosr"noe with the terms and conditions of the Agreement. ' Autharxttd trig, Director Date and Leisure Services Depart Ont OCT -30 - 93 93:44 AM ATTIIC 9 C CONSt LTING szavzCSd CCWMBAT=Cei The Perfcrmante Fees !or the consulting services for each authorized grant project shall be as :allows: Grant Planning $ As bete= -'ned Below and Generation Grant Administration $4,000 (If waiver required) $5,000 (No waiver required) Grant Waiver $1,000 (It required) Each Grant Planning and Generation performance Fee shall be based on a percentage ( %) of the total value of the alternative revenues or resources obtained for the City. The amount of each Fee shall be a lump sum as calculated below: GR]gVT _ VALUE RANQE initial Amount Between X $1--$100,000 Any Additional Amolant Between $100,000 -- $250,000 X Any Additional Amount Between $250,000 -- $500,000. Any Additional Amount Between 5500,000 -- $750,000 $ Any Additional,Amount Between $1501000-4i,0001000 x Any Additional-Amount Greater Than $1,000,000 r.dt� C1 a AMOUNT X X 09.SOS 5 + X 08.50 $ x o7.s0� x u6.50� S x 0--� -- LumP Sum C1 a PPT•M BEACH GARDENS PARES AND RECREATION DEPARTMENT GRANTS MANAGEMENT SERVICES CONSULTING AGREEMENT AGREEMENT PARTIES AND COMMUNICATIONS This Consulting Agreement (hereinafter referred to as the "Agreement ") is between the City of Palm Beach Gardens (hereinaf- ter referred to as the "City ") and Stan A. Hemphill, a profession- al Grants Management Consultant (hereinafter referred to as the "Consultant "). The City's representative for this Agreement, Susan Miller, is referred to herein as the "Director ". All official written, telephone and fax communications between the Director and the Con- sultant shall be addressed and /or dialed as follows: To the Director Susan Miller, Director Parks and Recreation Department 4404 Burns Road Palm Beach Gardens, Florida 33410 Tel: (561) 775 -8240 Fax (561) 775 -8280 To the Consultant Stan A. Hemphill, Founder Planning & Financing Consulting Team Service 10241 S.W. 128th Street Miami, Florida 33176 -5636 Tel (305) 971 -1352 Fax (305) 971 -1357 CONSULTING SERVICES The Consultant shall have the exclusive right and responsi- bility to perform the Consulting Services described in Attachment A. Such Services shall only be initiated and performed for each City project following the Consultant's receipt from the Director of an executed Attachment B Project Authorization form that delin- eates the specific services to be performed. PROJECT INFORMATION, MEETINGS, SOCIAL FUNCTIONS AND EVENTS The City shall provide the Consultant the necessary quanti- ties of (a) location maps, (b) aerials, (c) aerial photographs, (d) on -site photographs, (e) boundary maps or surveys, (f) site control instruments, (g) site plans, (h) project schedules, (i) cost estimates, (j) organization charts, (k) narrative informa- tion, (1) mounted visuals and any other documents in a timely 01 manner that are required to fulfill the consulting services for each authorized project. The City may invite the Consultant to attend Information Meetings, Social Functions and /or Events regarding potential or authorized projects. The City shall provide the Consultant as much advance notice as possible. The Consultant shall attend on an "as available" basis. SERVICES COMPENSATION, INVOICES AND PAYMENTS The City shall provide compensation to the Consultant in the amounts listed in Attachment C for the successful performance of the consulting services for each authorized City project. The Consultant shall submit an invoice to the City for each applicable service performed upon furnishing to the Director the following information: Grant Plannina An executed grant agreement or other form of and Generation approval of alternative revenues or resourc- es. Grant Administration The final payment or other form of financial assistance value for each approved project. Grant Waiver An approved waiver of retroactivity. (Only if necessary) The City shall pay the Consultant the full amount of each in- voice within thirty (30) calendar days of the invoice date. The City shall make each payment payable to Stan A. Hemphill and mail it for receipt by the due date. AGREEMENT TERM The Term of this Agreement shall be for a period of three (3) years from the date of execution by both Agreement Parties. Should both Parties desire to renew this Agreement, an Agreement Amendment specifying the renewal period shall be executed at least one hundred twenty (120) calendar days prior to the scheduled ex- piration date. AGREEMENT AMENDMENT (S) OR CANCELLATION Either Agreement Party may request an Amendment to this Agreement. Each Amendment shall only become effective upon exe- cution of a written Agreement Amendment by both Parties. C *A Either Agreement Party may cancel this Agreement upon sixty (60) days written notice to the other Party. In the event such Cancellation occurs, (A) the Agreement Parties shall agree in writing upon the amount of compensation due to the Consultant, if any, (B) the Consultant shall provide the City any remaining ser- vices information in progress or completed and (C) the Consultant shall submit any invoice(s) for such services. The City shall pay the Consultant the full amount of each such invoice within thirty (30) calendar days of the invoice date. The City shall make each payment payable to Stan A. Hemphill and mail it for receipt by the due date. GOVERNING LAW This Agreement shall be construed and enforced in accordance with, and governed by the laws of the State of Florida, without regard to the conflicts of laws principles thereof. JURISDICTION AND VENUE Both Agreement Parties acknowledge that a substantial portion of negotiations, anticipated performance and execution of this Agreement occurred or shall occur in Palm Beach County, Florida, and that, therefore, without limiting the jurisdiction or venue of any other federal or state courts, each of the Parties irrevocably and unconditionally (a) agree that any suit, action or legal pro- ceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of Florida in Palm Beach County or the court of the United States Southern District of Florida, (b) consents to the jurisdiction of each such court in any suit, action or proceeding, (c) waives any objection which it may have to the laying of venue of any such suit, action or pro- ceeding in any of such courts, and (d) agrees that service of any court paper may be effected on such Party as may be provided under applicable laws or court rules in said state. AGREEMENT ENFORC NT Either Agreement Party shall be entitled to recover from the other Party (a) any reasonable attorneys fees, costs and expenses, (b) any court fees, costs and expenses and (c) any appellate fees, costs and expenses incurred in order to successfully enforce any covenant or condition of this Agreement. 03 COOPERATIVE PROCUREMENTS Should another municipal, county, regional, state or special taxing district governmental agency in the State of Florida desire one or more of the herein described consulting services, the Con- sultant may provide such service(s) to such agency for the same services compensation outlined in this Agreement. AGREEMENT CONTENT AND SIGNATURES This Agreement and Attachments A, B and C supersede all pre- vious communications between the Agreement Parties regarding Grants Management Services. These documents describe the entire relationship between the Parties. Each of the Agreement Parties executed this legally binding Agreement through their authorized representative as indicated below. For The City: Bobbie Herakovich Name And Title: Citv Man4ger Date Signed: For The Consultant: 5t0wv- Stan A. Hemphill, Founder Name And Title: Plannina & Financina Consulting Team $prv,ge Date Signed: November 6, 1999 04 ATTACHMENT A CONSULTING SERVICES SCOPE The Consultant shall perform the following Grants Management Services for park and recreation capital improvements projects located at existing or future properties and facilities under the auspices or consideration of the City. These interrelated servic- es shall focus on grants and /or other types of alternative reve- nues and resources available from government agencies, founda- tions, corporations, voluntary organizations and /or supportive in- dividuals. 1. Grants Planninq and Generation The Consultant shall analyze the City's various project needs and identify, research and schedule the pursuit of grant and other alternative revenue programs that can help finance priority City capital improvement projects. The Consultant shall also prepare grant applications, advocate the projects and secure executed grant agreements or other forms of approval for financial assist- ance resources that provide the City additional funding for capi- tal improvement projects. 2. Grants Administration The Consultant shall prepare and submit all project commence- ment, progress and close -out administrative documents required by grant program administrators to determine that grant projects are acceptable and to obtain grant and /or other alternative revenue payments for the City. 3. 'Grants Waivers (Only If Necessary) The Consultant shall prepare requests for and obtain the ap- provals of waivers of retroactivity necessary to maintain the grant cost sharing eligibility of any City project implementation actions commenced prior to receiving the written approval of re- lated grants or other alternative revenues. 4. Other Related Services The Consultant shall perform other related capital improve- ments services for compensation as agreed to in writing by both Agreement Parties. Al ORGANIZATION NAME: CONSULTANT NAME: AGREEMENT NAME & DATE: PROJECT NAME: GRANT SOURCE: GRANT REQUEST: ATTACHMENT B PROJECT AUTHORIZATION CITY OF PALM BEACH GARDENS PARRS AND RECREATION DEPARTIENT STAN A. HEMPHILL GRANTS MANAGEMENT SERVICES -- 11/ /98 (To Be Selected) (To Be Selected) ($ To Be Determined) In accordance with the terms and conditions of this Agree- ment, the Consultant is officially authorized to initiate, proceed with and complete the following grants management consulting serv- ices for this project. GRANT PLANNING AND GENERATION GRANT ADMINISTRATION GRANT WAIVER The Consultant shall be compensated for the provision of these services in accordance with the terms and conditions of the Agreement. Authorized By Susan Miller, Director Parks and Recreation Department Bl Date ATTACHMENT C CONSULTING SERVICES COMPENSATION The Performance Fees for the consulting services for each authorized grant project shall be as follows: Grant Planning $ As Determined Below and Generation Grant Administration $4,000 (If waiver required) $5,000 (No waiver required) Grant Waiver $1,000 (If required) Each Grant Planning and Generation Performance Fee shall be based on a percentage ( %) of the total value of the alternative revenues or resources obtained for the City. The amount of each fee shall be a lump sum as calculated below: AMOUNT Lump Sum PERCENTAGE GRANT VALUE RANGE RATE Initial Amount Between $1-- $100,000 X 16.50% _ Any Additional Amount Between $100,000 -- $250,000 X 09.50% _ Any Additional Amount Between $250,000 -- $500,000 X 08.50% _ Any Additional Amount Between $500,000 -- $750,000 X 07.50% _ Any Additional Amount Between $750,000 -- $1,000,000 X 06.50% _ Any Additional Amount Greater Than $1,000,000 X 05.50% _ C1 AMOUNT Lump Sum PAT-M BEACH GARDENS PARRS AND RECREATION DEPARTMENT GRANTS MANAGEMENT SERVICES CONSULTING AGREEMENT AGREEMENT PARTIES AND COMMUNICATIONS This Consulting Agreement (hereinafter referred to as the "Agreement ") is between the City of Palm Beach Gardens (hereinaf- ter referred to as the "City ") and Stan A. Hemphill, a profession- al Grants Management Consultant (hereinafter referred to as the "Consultant "). The City's representative for this Agreement, Susan Miller, is referred to herein as the "Director ". All official written, telephone and fax communications between the Director and the Con- sultant shall be addressed and /or dialed as follows: To the Director Susan Miller, Director Parks and Recreation Department 4404 Burns Road Palm Beach Gardens, Florida 33410 Tel: (561) 775 -8240 Fax (561) 775 -8280 To the Consultant Stan A. Hemphill, Founder Planning & Financing Consulting Team Service 10241 S.W. 128th Street Miami, Florida 33176 -5636 Tel (305) 971 -1352 Fax (305) 971 -1357 CONSULTING SERVICES The Consultant shall have the exclusive right and responsi- bility to perform the Consulting Services described in Attachment A. Such Services shall only be initiated and performed for each City project following the Consultant's receipt from the Director of an executed Attachment B Project Authorization form that delin- eates the specific services to be performed. PROJECT INFORMATION, MEETINGS, SOCIAL FUNCTIONS AND EVENTS The City shall provide the Consultant the necessary quanti- ties of (a) location maps, (b) aerials, (c) aerial photographs, (d) on -site photographs, (e) boundary maps or surveys, (f) site control instruments, (g) site plans, (h) project schedules, (i) cost estimates, (j) organization charts, (k) narrative informa- tion, (1) mounted visuals and any other documents in a timely 014 manner that are required to fulfill the consulting services for each authorized project. The City may invite the Consultant to attend Information Meetings, Social Functions and /or Events regarding potential or authorized projects. The City shall provide the Consultant as much advance notice as possible. The Consultant shall attend on an "as available" basis. SERVICES COMPENSATION, INVOICES AND PAYMENTS The City shall provide compensation to the Consultant in the amounts listed in Attachment C for the successful performance of the consulting services for each authorized City project. The Consultant shall submit an invoice to the City for each applicable service performed upon furnishing to the Director the following information: Grant Planning An executed grant agreement or other form of and Gpner4tign approval of alternative revenues or resourc- es. Grant Administration The final payment or other form of financial assistance value for each approved project. Grant Waiver An approved waiver of retroactivity. (Only if necessary) The City shall pay the Consultant the full amount of each in- voice within thirty (30) calendar days of the invoice date. The City shall make each payment payable to Stan A. Hemphill and mail it for receipt by the due date. AGREEMENT TERM The Term of this Agreement shall be for a period of three (3) years from the date of execution by both Agreement Parties. Should both Parties desire to renew this Agreement, an Agreement Amendment specifying the renewal period shall be executed at least one hundred twenty (120) calendar days prior to the scheduled ex- piration date. AGREEMENT AMENDMENT (S) OR CANCELLAT ION Either Agreement Party may request an Amendment to this Agreement. Each Amendment shall only become effective upon exe- cution of a written Agreement Amendment by both Parties. 02 Either Agreement Party may cancel this Agreement upon sixty (60) days written notice to the other Party. In the event such Cancellation occurs, (A) the Agreement Parties shall agree in writing upon the amount of compensation due to the Consultant, if any, (B) the Consultant shall provide the City any remaining ser- vices information in progress or completed and (C) the Consultant shall submit any invoice(s) for such services. The City shall pay the Consultant the full amount of each such invoice within thirty (30) calendar days of -the invoice date. The City shall make each payment payable to Stan A. Hemphill and mail it for receipt by the due date. GOVERNING LAW This Agreement shall be construed and enforced in accordance with, and governed by the laws of the State of Florida, without regard to the conflicts of laws principles thereof. JURISDICTION AND VENUE Both Agreement Parties acknowledge that a substantial portion of negotiations, anticipated performance and execution of this Agreement occurred or shall occur in Palm Beach County, Florida, and that, therefore, without limiting the jurisdiction or venue of any other federal or state courts, each of the Parties irrevocably and unconditionally (a) agree that any suit, action or legal pro- ceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of Florida in Palm Beach County or the court of the United States Southern District of Florida, (b) consents to the jurisdiction of each such court in any suit, action or proceeding, (c) waives any objection which it may have to the laying of venue of any such suit, action or pro- ceeding in any of such courts, and (d) agrees that service of any court paper may be effected on such Party as may be provided under applicable laws or court rules in said state. AGREEMENT ENFORCEMENT Either Agreement Party shall be entitled to recover from the other Party (a) any reasonable attorneys fees, costs and expenses, (b) any court fees, costs and expenses and (c) any appellate fees, costs and expenses incurred in order to successfully enforce any covenant or condition of this Agreement. 03 COOPERATIVE PROCUREMENTS Should another municipal, county, regional, state or special taxing district governmental agency in the State of Florida desire one or more of the herein described consulting services, the Con- sultant may provide such service(s) to such agency for the same services compensation outlined in this Agreement. AGREE CONTENT AND SIGNATURES This Agreement and Attachments A, B and C supersede all pre- vious communications between the Agreement Parties regarding Grants Management Services. These documents describe the entire relationship between the Parties. Each of the Agreement Parties executed this legally binding Agreement through their authorized representative as indicated below. For The City: Name And Title: Date Signed: For The Consultant: Name And Title: Bobbie Herakovich Citv Manaaex Stan A. Hemphill; Founder Plannina & Financina Consultina Team Service Date Signed: November 6, 1990 04 ATTACHMENT A CONSULTING SERVICES SCOPE The Consultant shall perform the following Grants Management Services for park and recreation capital improvements projects located at existing or future properties and facilities under the auspices or consideration of the City. These interrelated servic- es shall focus on grants and /or other types of alternative reve- nues and resources available from government agencies, founda- tions, corporations, voluntary organizations and /or supportive in- dividuals. 1. Grants Planninq and Generation The Consultant shall analyze the City's various project needs and identify, research and schedule the pursuit of grant and other alternative revenue programs that can help finance priority City capital improvement projects. The Consultant shall also prepare grant applications, advocate the projects and secure executed grant agreements or other forms of approval for financial assist- ance resources that provide the City additional funding for capi- tal improvement projects. 2. Grants Administration The Consultant shall prepare and submit all project commence- ment, progress and close -out administrative documents required by grant program administrators to determine that grant projects are acceptable and to obtain grant and /or other alternative revenue payments for the City. 3. Grants Waivers (Only If Necessary) The Consultant shall prepare requests for and obtain the ap- provals of waivers of retroactivity necessary to maintain the grant cost sharing eligibility of any City project implementation actions commenced prior to receiving the written approval of re- lated grants or other alternative revenues. 4. Other Related Services The Consultant shall perform other related capital improve- ments services for compensation as agreed to in writing by both Agreement Parties. Al ATTACHMENT B PROJECT AUTHORIZATION ORGANIZATION CITY OF PALM BEACH GARDENS NAME: PARRS AND RECREATION DEPARTMENT CONSULTANT NAME: STAN A. HEMPHILL AGREEMENT NAME & DATE: GRANTS MANAGEMENT SERVICES -- 11/ /98 PROJECT NAME: (To Be Selected) GRANT SOURCE: (To Be Selected) GRANT REQUEST: ($ To Be Determined) In accordance with the terms and conditions of this Agree- ment, the Consultant is officially authorized to initiate, proceed with and complete the following grants management consulting serv- ices for this project. GRANT PLANNING AND GENERATION GRANT ADMINISTRATION GRANT WAIVER The Consultant shall be compensated for the provision of these services in accordance with the terms and conditions of the Agreement. Authorized By Susan Miller, Director Date Parks and Recreation Department B1 ATTACHMENT C CONSULTING SERVICES COMPENSATION The Performance Fees for the consulting services for each authorized grant project shall be as follows: Grant Planning $ As Determined Below and Generation Grant Administration $4,000 (If waiver required) $5,000 (No waiver required) Grant Waiver $1,000 (If required) Each Grant Planning and Generation Performance Fee shall be based on a percentage ( %) of the total value of the alternative revenues or resources obtained for the City. The amount of each fee shall be a lump sum as calculated below: PERCENTAGE GRANT VALUE RANGE RATE AMOUNT Initial Amount Between $1-- $100,000 X 16.50% _ $ Any Additional Amount Between $100,000 -- $250,000 X 09.50% _ $ Any Additional Amount Between $250,000 -- $500,000 X 08.50% _ $ Any Additional Amount Between $500,000 -- $750,000 X 07.50% _ $ Any Additional Amount Between $750,000 -- $1,000,000 X 06.50% _ $ Any Additional Amount Greater Than $1,000,000 X 05.50% _ $ Lump Sum C1 PATM BEACH GARDENS PARRS AND RECRRATION DEPARTMENT GRANTS MANAGEMENT SERVICES CONSULTING AGREEMENT AGREEMENT PARTIES AND COMMUNICATIONS This Consulting Agreement (hereinafter referred to as the "Agreement ") is between the City of Palm Beach Gardens (hereinaf- ter referred to as the "City ") and Stan A. Hemphill, a profession- al Grants Management Consultant (hereinafter referred to as the "Consultant "). The City's representative for this Agreement, Susan Miller, is referred to herein as the "Director ". All official written, telephone and fax communications between the Director and the Con- sultant shall be addressed and /or dialed as follows: Tp the Direetox Susan Miller, Director Parks and Recreation Department 4404 Burns Road Palm Beach Gardens, Florida 33410 Tel: (561) 775 -8240 Fax (561) 775 -8280 To the Consultant Stan A. Hemphill, Founder Planning & Financing Consulting Team Service 10241 S.W. 128th Street Miami, Florida 33176 -5636 Tel (305) 971 -1352 Fax (305) 971 -1357 CONSULTING SERVICES The Consultant shall have the exclusive right and responsi- bility to perform the Consulting Services described in Attachment A. Such Services shall only be initiated and performed for each City project following the Consultant's receipt from the Director of an executed Attachment B Project Authorization form that delin- eates the specific services to be performed. PROJECT INFORMATION, MEETINGS, SOCIAL FUNCTIONS AND EVENTS The City shall provide the Consultant the necessary quanti- ties of (a) location maps, (b) aerials, (c) aerial photographs, (d) on -site photographs, (e) boundary maps or surveys, (f) site control instruments, (g) site plans, (h) project schedules, (i) cost estimates, (j) organization charts, (k) narrative informa- tion, (1) mounted visuals and any other documents in a timely 01 manner that are required to fulfill the consulting services for each authorized project. The City may invite the Consultant to attend Information Meetings, Social Functions and /or Events regarding potential or authorized projects. The City shall provide the Consultant as much advance notice as possible. The Consultant shall attend on an "as available" basis. SERVICES COMPENSATION, INVOICES AND PAYMENTS The City shall provide compensation to the Consultant in the amounts listed in Attachment C for the successful performance of the consulting services for each authorized City project. The Consultant shall submit an invoice to the City for each applicable service performed upon furnishing to the Director the following information: Grant Plannina An executed grant agreement or other form of and Generation approval of alternative revenues or resourc- es. Grant Administration The final payment or other form of financial assistance value for each approved project. Grant Waiver An approved waiver of retroactivity. (Only if necessary) The City shall pay the Consultant the full amount of each in- voice within thirty (30) calendar days of the invoice date. The City shall make each payment payable to Stan A. Hemphill and mail it for receipt by the due date. AGREEMENT TERM The Term of this Agreement shall be for a period of three (3) years from the date of execution by both Agreement Parties. Should both Parties desire to renew this Agreement, an Agreement Amendment specifying the renewal period shall be executed at least one hundred twenty (120) calendar days prior to the scheduled ex- piration date. AGREEMENT AMENDMENT (S) OR CANCELLATION Either Agreement Party may request an Amendment to this Agreement. Each Amendment shall only become effective upon exe- cution of a written Agreement Amendment by both Parties. 5B Either Agreement Party may cancel this Agreement upon sixty (60) days written notice to the other Party. In the event such Cancellation occurs, (A) the Agreement Parties shall agree in writing upon the amount of compensation due to the Consultant, if any, (B) the Consultant shall provide the City any remaining ser- vices information in progress or completed and.(C) the Consultant shall submit any invoice(s) for such services. The City shall pay the Consultant the full amount of each such invoice within thirty (30) calendar days of the invoice date. The City shall make each payment payable to Stan A. Hemphill and mail it for receipt by the due date. GOVERNING LAW This Agreement shall be construed and enforced in accordance with, and governed by the laws of the State of Florida, without regard to the conflicts of laws principles thereof. JURISDICTION AND VENUE Both Agreement Parties acknowledge that a substantial portion of negotiations, anticipated performance and execution of this Agreement occurred or shall occur in Palm Beach County, Florida, and that, therefore, without limiting the jurisdiction or venue of any other federal or state courts, each of the Parties irrevocably and unconditionally (a) agree that any suit, action or legal pro- ceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of Florida in Palm Beach County or the court of the United States Southern District of Florida, (b) consents to the jurisdiction of each such court in any suit, action or proceeding, (c) waives any objection which it may have to the laying of venue of any such suit, action or pro- ceeding in any of such courts, and (d) agrees that service of any court paper may be effected on such Party as may be provided under applicable laws or court rules in said state. AGREEMENT ENFORCEMENT Either Agreement Party shall be entitled to recover from the other Party (a) any reasonable attorneys fees, costs and expenses, (b) any court fees, costs and expenses and (c) any appellate fees, costs and expenses incurred in order to successfully enforce any covenant or condition of this Agreement. 03 COOPERATIVE PROCUREMENTS Should another municipal, county, regional, state or special taxing district governmental agency in the State of Florida desire one or more of the herein described consulting services, the Con- sultant may provide such service(s) to such agency for the same services compensation outlined in this Agreement. AGREEMENT CONTENT AND SIGNATURES This Agreement and Attachments A, B and C supersede all pre- vious communications between the Agreement Parties regarding Grants Management Services. These documents describe the entire relationship between the Parties. Each of the Agreement Parties executed this legally binding Agreement through their authorized representative as indicated below. For The City: Name And Title: Date Signed: For The Consultant: Name And Title: Bobbie Herakovich Qa ty Manager Stan A. Hemphill, Founder Plannina & Financina Consultina Team Service Date Signed: November 6. 199$ 04 ATTACMdENT A CONSULTING SERVICES SCOPE The Consultant shall perform the following Grants Management Services for park and recreation capital improvements projects located at existing or future properties and facilities under the auspices or consideration of the City. These interrelated servic- es shall focus on grants and /or other types of alternative reve- nues and resources available from government agencies, founda- tions, corporations, voluntary organizations and /or supportive in- dividuals. 1. Grants Planning and Generation The Consultant shall analyze the City's various project needs and identify, research and schedule the pursuit of grant and other alternative revenue programs that can help finance priority City capital improvement projects. The Consultant shall also prepare grant applications, advocate the projects and secure executed grant agreements or other forms of approval for financial assist- ance resources that provide the City additional funding for capi- tal improvement projects. 2. Grants Administration The Consultant shall prepare and submit all project commence- ment, progress and close -out administrative documents required by grant program administrators to determine that grant projects are acceptable and to obtain grant and /or other alternative revenue payments for the City. 3. Grants Waivers (Only If Necessary) The Consultant shall prepare requests for and obtain the ap- provals of waivers of retroactivity necessary to maintain the grant cost sharing eligibility of any City project implementation actions commenced prior to receiving the written approval of re- lated grants or other alternative revenues. 4. Other Related Services The Consultant shall perform other related capital improve- ments services for compensation as agreed to in writing by both Agreement Parties. Al ORGANIZATION NAME: CONSULTANT NAME: AGREEMENT NAME & DATE: PROJECT NAME: GRANT SOURCE: GRANT REQUEST: ATTACHMENT B PROJECT AUTHORIZATION CITY OF PALM BEACH GARDENS PARRS AND RECREATION DEPARTMENT STAN A. HEMPHILL GRANTS MANAGEMENT SERVICES -- 11/ /98 (To Be Selected) (To Be Selected) ($ To Be Determined) In accordance with the terms and conditions of this Agree- ment, the Consultant is officially authorized to initiate, proceed with and complete the following grants management consulting serv- ices for this project. GRANT PLANNING AND GENERATION GRANT ADMINISTRATION GRANT WAIVER. The Consultant shall be compensated for the provision of these services in accordance with the terms and conditions of the Agreement. Authorized By Susan Miller, Director Date Parks and Recreation Department B1 ATTACHMENT C CONSULTING SERVICES COMPENSATION The Performance Fees for the consulting services for each authorized grant project shall be as follows: Grant Planning $ As Determined Below and Generation Grant Administration $4,000 (If waiver required) $5,000 (No waiver required) Grant Waiver $1,000 (If required) Each Grant Planning and Generation Performance Fee shall be based on a percentage ( %) of the total value of the alternative revenues or resources obtained for the City. The amount of each fee shall be a lump sum as calculated below: PERCENTAGE GRANT VALUE RANGE RATE AMOUNT Initial Amount Between $1-- $1001000 X 16.50% _ $ Any Additional Amount Between $100,000 -- $250,000 X 09.50% _ $ Any Additional Amount Between $250,000 -- $500,000 X 08.50% _ $ Any Additional Amount Between $500,000 -- $750,000 X 07.50% = S Any Additional Amount Between $750,000 -- $1,000,000 X 06.50% _ $ Any Additional Amount Greater Than $1,000,000 X 05.50% _ $ Lump Sum C1 PATM BEACH GARDENS PARKS AND RECREATION DEPARTMENT GRANTS MANAGEMENT SERVICES CONSULTING AGREEMENT AGREEMENT PARTIES AND COMMUNICATIONS This Consulting Agreement (hereinafter referred to as the "Agreement ") is between the City of Palm Beach Gardens (hereinaf- ter referred to as the "City ") and Stan A. Hemphill, a profession- al Grants Management Consultant (hereinafter referred to as the "Consultant "). The City's representative for this Agreement, Susan Miller, is referred to herein as the "Director ". All official written, telephone and fax communications between the Director and the Con- sultant shall be addressed and /or dialed as follows: To the Director Susan Miller, Director Parks and Recreation Department 4404 Burns Road Palm Beach Gardens, Florida 33410 Tel: (561) 775 -8240 Fax (561) 775 -8280 To the Consultant Stan A. Hemphill, Founder Planning & Financing Consulting Team Service 10241 S.W. 128th Street Miami, Florida 33176 -5636 Tel (305) 971 -1352 Fax (305) 971 -1357 CONSULTING SERVICES The Consultant shall have the exclusive right and responsi- bility to perform the Consulting Services described in Attachment A. Such Services shall only be initiated and performed for each City project following the Consultant's receipt from the Director of an executed Attachment B Project Authorization form that delin- eates the specific services to be performed. PROJECT INFORMATION, MEETINGS, SOCIAL FUNCTIONS AND EVENTS The City shall provide the Consultant the necessary quanti- ties of (a) location maps, (b) aerials, (c) aerial photographs, (d) on -site photographs, (e) boundary maps or surveys, (f) site control instruments, (g) site plans, (h) project schedules, (i) cost estimates, (j) organization charts, (k) narrative informa- tion, (1) mounted visuals and any other documents in a timely 01 manner that are required to fulfill the consulting services for each authorized project. The City may invite the Consultant to attend Information Meetings, Social Functions and /or Events regarding potential or authorized projects. The City shall provide the Consultant as much advance notice as possible. The Consultant shall attend on an "as available" basis. SERVICES COMPENSATION, INVOICES AND PAYMENTS The City shall provide compensation to the Consultant in the amounts listed in Attachment C for the successful performance of the consulting services for each authorized City project. The Consultant shall submit an invoice to the City for each applicable service performed upon furnishing to the Director the following information: Grant Plannina An executed grant agreement or other form of and Generation approval of alternative revenues or resourc- es. Grant Administration The final payment or other form of financial assistance value for each approved project. Grant Waiver An approved waiver of retroactivity. (Only if necessary) The City shall pay the Consultant the full amount of each in- voice within thirty (30) calendar days of the invoice date. The City shall make each payment payable to Stan A. Hemphill and mail it for receipt by the due date. AGREEMENT TERM The Term of this Agreement shall be for a period of three (3) years from the date of execution by both Agreement Parties. Should both Parties desire to renew this Agreement, an Agreement Amendment specifying the renewal period shall be executed at least one hundred twenty (120) calendar days prior to the scheduled ex- piration date. AGREEMENT AMENDMENT (S) OR CANCELLATION Either Agreement Party may request an Amendment to this Agreement. Each Amendment shall only become effective upon exe- cution of a written Agreement Amendment by both Parties. 02 Either Agreement Party may cancel this Agreement upon sixty (60) days written notice to the other Party. In the event such Cancellation occurs, (A) the Agreement Parties shall agree in writing upon the amount of compensation due to the Consultant, if any, (B) the Consultant shall provide the City any remaining ser- vices information in progress or completed and (C) the Consultant shall submit any invoice(s) for such services. The City shall pay the Consultant the full amount of each such invoice within thirty (30) calendar days of the invoice date. The City shall make each payment payable to Stan A. Hemphill and mail it for receipt by the due date. GOVERNING LAW This Agreement shall be construed and enforced in accordance with, and governed by the laws of the State of Florida, without regard to the conflicts of laws principles thereof. JURISDICTION AND VENUE Both Agreement Parties acknowledge that a substantial portion of negotiations, anticipated performance and execution of this Agreement occurred or shall occur in Palm Beach County, Florida, and that, therefore, without limiting the jurisdiction or venue of any other federal or state courts, each of the Parties irrevocably and unconditionally (a) agree that any suit, action or legal pro- ceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of Florida in Palm Beach County or the court of the United States Southern District of Florida, (b) consents to the jurisdiction of each such court in any suit, action or proceeding, (c) waives any objection which it may have to the laying of venue of any such suit, action or pro- ceeding in any of such courts, and (d) agrees that service of any court paper may be effected on such Party as may be provided under applicable laws or court rules in said state. AGREEMENT ENFORCEMENT Either Agreement Party shall be entitled to recover from the other Party (a) any reasonable attorneys fees, costs and expenses, (b) any court fees, costs and expenses and (c) any appellate fees, costs and expenses incurred in order to successfully enforce any covenant or condition of this Agreement. GIB? COOPERATIVE PROCUREMENTS Should another municipal, county, regional, state or special taxing district governmental agency in the State of Florida desire one or more of the herein described consulting services, the Con- sultant may provide such service(s) to such agency for the same services compensation outlined in this Agreement. AGREEMENT CONTENT AND SIGNATURES This Agreement and Attachments A, B and C supersede all pre- vious communications between the Agreement Parties regarding Grants Management Services. These documents describe the entire relationship between the Parties. Each of the Agreement Parties executed this legally binding Agreement through their authorized representative as indicated below. For The City: Bobbie Herakovich Name And Title: Citv Manaaer Date Signed: For The Consultant: S t4/V1. 1%• L7 V Stan A. Hemphill, Founder Name And Title: Plannina & Financina Consultina Team Service Date Signed: November 6, 1998 04 ATTACHMENT A CONSULTING SERVICES SCOPE The Consultant shall perform the following Grants Management Services for park and recreation capital improvements projects located at existing or future properties and facilities under the auspices or consideration of the City. These interrelated servic- es shall focus on grants and /or other types of alternative reve- nues and resources available from government agencies, founda- tions, corporations, voluntary organizations and /or supportive in- dividuals. 1. Grants Planninq and Generation The Consultant shall analyze the City's various project needs and identify, research and schedule the pursuit of grant and other alternative revenue programs that can help finance priority City capital improvement projects. The Consultant shall also prepare grant applications, advocate the projects and secure executed grant agreements or other forms of approval for financial assist- ance resources that provide the City additional funding for capi- tal improvement projects. 2. Grants Administration The Consultant shall prepare and submit all project commence- ment, progress and close -out administrative documents required by grant program administrators to determine that grant projects are acceptable and to obtain grant and /or other alternative revenue payments for the City. 3. Grants Waivers (Only If Necessary) The Consultant shall prepare requests for and obtain the ap- provals of waivers of retroactivity necessary to maintain the grant cost sharing eligibility of any City project implementation actions commenced prior to receiving the written approval of re- lated grants or other alternative revenues. 4. Other Related Services The Consultant shall perform other related capital improve- ments services for compensation as agreed to in writing by both Agreement Parties. Al ATTACHMENT B PROJECT AUTHORIZATION ORGANIZATION CITY OF PALM BEACH GARDENS NAME: PARRS AND RECREATION DEPARTMENT CONSULTANT NAME: STAN A. HEMPHILL AGREEMENT NAME & DATE: GRANTS MANAGEMENT SERVICES -- 11/ /98 PROJECT NAME: (To Be Selected) GRANT SOURCE: (To Be Selected) GRANT REQUEST: ($ To Be Determined) In accordance with the terms and conditions of this Agree- ment, the Consultant is officially authorized to initiate, proceed with and complete the following grants man- agement consulting serv- ices for this project. GRANT PLANNING AND GENERATION GRANT ADMINISTRATION GRANT WAIVER The Consultant shall be compensated for the provision of these services in accordance with the terms and conditions of the Agreement. Authorized By Susan Miller, Director Date Parks and Recreation Department Bl ATTACEMENT C CONSULTING SERVICES COMPENSATION The Performance Fees for the consulting services for each authorized grant project shall be as follows: Grant Planning $ As Determined Below and Generation Grant Administration $4,000 (If waiver required) $5,000 (No waiver required) Grant Waiver $1,000 (If required) Each Grant Planning and Generation Performance Fee shall be based on a percentage (%) of the total value of the alternative revenues or resources obtained for the City. The amount of each fee shall be a lump sum as calculated below: GRANT VALUE RANGE AMOUNT Initial Amount Between _ $ $1 -- $1001000 _ $ Any Additional Amount Between $100,000 -- $250,000 _ $ Any Additional Amount Between $250,000 -- $500,000 $ Any Additional Amount Between $500,000 -- $750,000 Lump Sum Any Additional Amount Between $750,000 -- $1,000,000 Any Additional Amount Greater Than $1,000,000 X X ,X X X ►:4 C1 PERCENTAGE RATE AMOUNT 16.50% _ $ 09.50% _ $ 08.50% _ $ 07.50% _ $ 06.50% _ $ 05.50% _ $ Lump Sum CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING OCTOBER 1, 1998 The October 1, 1998, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin, Councilman David Clark, and Councilman Carl Sabatello. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. CITY MANAGERS REPORT City Manager Herakovich reported that the first fire engine had become an ALS transport, providing advanced life support services. A pre - application meeting had been held for the proposed entertainment center at Gardens Mall. The City Manager reported the hurricane preparations plan had worked out well, and that Fire Prevention Week activities would be held October 4 through 10, with a practice drill to be held October 7. City Manager Herakovich reported that work on the tennis complex was proceeding. Options for the District Park had been discussed with the County, and the City Manager suggested working to obtain State funds for the park. City Manager Herakovich reported emergency sewer work had begun on Lighthouse Drive. Freedom House City Attorney Carole Post provided an update on a halfway house operation located in a single family residence on Gardens Boulevard and three duplexes on Holly Drive. Attorney Post explained that from a zoning standpoint the current use of these properties was non- conforming. Occupational licenses had been issued based on the assumption that these were group homes which qualified within Florida Statutes; however, it had later been determine they did not qualify under this criteria. Staff was directed to address the non - conforming use. Mayor Russo requested that the whole process of issuing occupational licenses be reviewed. Vice Mayor Furtado requested the appropriate agencies be notified. . REVISED: 11 /3/98' ''1 - -- CITY COUNCIL SPECIAL REGULAR MEETING, 10/1/98 Construction Manager's 2 Report Construction Manager Bill Mignogna reported progress on the ball fields, footings and stem walls for City Hall, installation of underground plumbing and electrical lines to the police station, and work on the fire station. Mr. Mignogna reported FPL had begun work along Military Trail to relocate overhead lines to underground, and that work on the Municipal Complex was approximately three weeks behind schedule. PRESENTATIONS Canal Report Budgeted funds for this project were, discussed. Public Works Director Bob Patty explained that $150,000 had been diverted to the sidewalk project. Mr. Patty discussed the two possible methods of repairing the waterways and recommended the mechanical removal system over pump dredging. Mr. Bill Lowery, resident of Lake Catherine, stated he looked forward to the canal work being done in his area. Alex Perez, resident of Garden Woods, recalled prior flooding and recommendations which had been made by Northern Palm Beach County Water Control District for improvements and recommended a certain ditch be cleaned first. City Engineer Lindahl stated the City was on track with Mr. Perez's recommendations. ITEMS BY MAYOR AND COUNCIL Councilman Sabatello Councilman Sabatello reported work was progressing on filling a vacancy on the Planning and Zoning Commission. It was the consensus of the City Council that the City Attorney prepare an Ordinance to establish a standard provision for all advisory Boards for removing members who did not attend meetings. Mayor Russo Mayor Russo reported that Bloomingdale's wanted to do something for the community and requested the City Manager Co T.61 decide on a project. COMMENTS FROM THE PUBLIC Linda Hughey Ms. Hughey discussed problems created from Palm Beach County erecting a 4' high concrete barricade at the end of the strip mall on Keating Drive facing Northlake Boulevard, which included creating an area for teenagers to hang out and blocking access to dumpsters CITY COUNCIL SPECIAL REGULAR MEETING, 10/1/98 fit? carried by unanimous vote of 5 -0. The following items were approved on the Consent Agenda: 1. Consideration of Approval of Minutes of the 9/17/98 City Council Regular Meeting. 2. Proclaiming 10/23 -31/98 as National Red Ribbon Celebration Week. 4. Resolution 104, 1998 - Consideration of Appointment of a Medical Director. Mayor Russo discussed Item 3 pulled from the Consent Agenda, Resolution 94, 1998, Consideration of Approval of the Pay and Classification Plan for the 1998/1999 Fiscal Year. The City Manager verified that salary ranges had not changed and that this Resolution would only create new positions and changes in some titles. It was the consensus of the City Council to discuss this item at another meeting. RESOLUTIONS Resolution 95, 1998 Councilman Clark made a motion to approve Resolution 95, 1998 - Consideration of Approval of a Contract for a City Engineer for the 1998/1999 Fiscal Year. Motion was seconded by Councilman Jablin. During discussion, Councilman Clark requested that the mission statement be moved to an attachment. Motion carried by unanimous 5 -0 vote. Resolution 105, 1998 Councilman Jablin made a motion to approve Resolution 105, 1998, appointment of members to the Art Advisory Board, with the names Caren Hackman, David Porter, and Jeffrey Blakely inserted in Section One. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. ORDINANCES Ordinance 21, 1998 Principal Planner Kim Glas reviewed the application for rezoning in the proposed Golf Digest PCD which included rezoning of 2,304.79 acres of land located between PGA Boulevard and Hood Road to a Planned Community District to permit Residential Uses consisting of 2,145 Dwelling Units, Golf Courses, Clubhouses, Training Facility and Support Facilities, 105,000 Square Feet of Office Use, 15,000 Square Feet of Commercial Use, 10,000 Square Feet of Community Facility Use and 5,000 Square Feet of Sales Center Use. City Engineer Lindahl reviewed the interests of the City, Seacoast Utility, South Florida Water Management, and the applicant in the surface water management system. The City CITY COUNCIL SPECIAL REGULAR MEETING, 10/1/98 4 Engineer explained that future monitoring of traffic numbers would be done to determine whether 4 -laning a section of PGA Boulevard would be necessary. Discussion ensued regarding the type of landscaping proposed which was described as not like BallenIsles but more natural in appearance. John Gary, representative for the applicant, discussed future traffic and responsibility for funding additional lanes if they became necessary. Mayor Russo requested this issue be decided between the applicant and the City Engineer within the next two weeks. Henry Skokowski, agent for the petitioner, addressed condition of approval #23 and discussed proposed buffer widths in specific sections. Discussion ensued regarding the buffer widths. Mr. Skokowski requested this project be allowed to adhere to the minimum standard for additional open space above and beyond normal PCD requirements. Mr. Skokowski questioned the intent of condition #3, to which Growth Management Director Manning responded the intent was to establish minimum lot sizes and not to predetermine the physical configuration of a pod but to give the City a guarantee that there would be a minimum lot size to assure a specific quality of development. After discussion, the City Council requested staff look further at this condition . Landscape Architect Jay Burk described the landscaping look and layout and stressed that as many existing trees as possible would be preserved. Mr. Skokowski stated that the applicant was required to return before the City Council within nine months with detailed plans for review and approval for many of the areas about which concern was expressed at tonight's meeting. Mr. Gary explained that the Golf Digest golf course would be only 18 holes and the other 18 holes or possibly 27 holes would be private. The City Attorney commented that the legal opinion requested by the City Council was included in the materials provided, and cautioned that there was nothing requiring Golf Digest to be a part of this development. Mayor Russo favored adding a condition that required the golf school to be conducted by a nationally known company. City Engineer Lindahl expressed confidence that positive recommendations from staff regarding traffic could be formulated within two weeks. Mr. Lindahl expressed concern that the South Florida Water Management issue was so complex that the only way to resolve it was to hold a meeting of all participants and explained the difficulties involved in scheduling a meeting. Councilman Clark made a motion to place Ordinance 21, 1998 on first reading by title only. Principal Planner Glas pointed out the REVISED: 11/3/98 CITY COUNCIL SPECIAL REGULAR MEETING, 10/1/98 5 meeting of all participants and explained the difficulties involved. Councilman Clark made a motion to place Ordinance 21, 1998 on first reading by title only. Principal Planner Glas pointed out the following corrections to be made in the staff report conditions of approval: Condition 13-- ending with the wording "Condition #11 should be protected ", should be changed to "Condition #12 should be protected; On page 9 at the end of Condition 23 ending with the wording "as demonstrated on the plans required by Conditions # 13 and # 14" should be changed to "Conditions # 15 and # 16." Councilman Clark withdrew his previous motion and made a motion that Ordinance 21, 1998 with the amendments suggested by staff be placed on First Reading by title only. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 21, 1998 by title only on First Reading. ITEMS FOR DISCUSSION Ordinance 6, 1998 It was the consensus of the City Council to advertise for Second Reading Ordinance 6, 1998 - Providing for Amendment of Article IV of Chapter 2 of the City Code of Ordinances Entitled "Code Enforcement" By Providing for Code Enforcement Proceedings to be Conducted by a Special Master. Expectations of Code Revisions Growth Management Director Roxanne Manning reviewed the Land Development Regulations Glitch List and requested input from the City Council. City Manager Herakovich commented this effort would be ongoing. Vice Mayor Furtado requested situations be addressed where projects were not completed, . such as the Winn - Dixie project at the corner of Northlake and Military Trail. Lake Park Deannexation Request Principal Planner Kim Glas reviewed the requests made by Lake Park for deannexation. It was the consensus of City Council that they were not interested in de- annexation. d'-TTXT A'7`T/lTlA7TJT T� _ 11 r 1 !-�' /'•1 f-, A t,ll 1 hl 1111�1V Lit ll was Ulu uV11JUl1JUJ Vl till: Vll�' t.VUllull Ula1 111E %-1L5' Attollley YicYai%, aii vlUlllaaC%, W l,31avliau a 3La1Ualu y1VV131V11 lvl "all ad-,T-- ---- T- -ids r--- --- -- -- ---- -- ---- --- �- ---- ---1-- _17_l _- -u --- QuV1JV1�' l..)ycu UJ 1Vl 1u111V V111y, 1111,111vu1J W11V 111U 11V1 a.11ullU 111uu1111r' J. CITY COUNCIL SPECIAL REGULAR MEETING, 10/1/98 6 ADJOURNMENT There being no further business to discuss, upon motion by Councilman Clark, seconded by Councilman Jablin, the meeting was adjourned at 11:05 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO CHAIRMAN PRO TEM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: LINDA V. KOSIER, CNiC, CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL AND RECREATION ADVISORY BOARD JOINT WORKSHOP MEETING OCTOBER 6, 1998 The October 6, 1998, Joint Workshop Meeting of the City Council and Recreation Advisory Board 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 Dee Schneider called the roll and the following elected officials were found to be in attendance: Vice Mayor Lauren Furtado, Councilman Eric Jablin, and Councilman Carl Sabatello. Mayor Joseph R. Russo and Councilman David Clark were absent from the meeting. Also in attendance: City Manager Bobbie Herakovich, Recreation Advisory Board members Susie Kendall, Jim Maynor, Bette Bates, Susan Miller, and Brain McLaughlin. David Barth summarized the discussion from the last joint meeting. Those present had felt the highest priority needs were a District Park, pedestrian linkages, and neighborhood parks. Mr. Barth presented a plan to move forward on multiple fronts using different funding methods. Major projects identified by Mr. Barth with a different action plan for each were neighborhood parks to be developed as opportunities arose, District Park, Gardens Mall Urban Park, development of Loxahatchee and Frenchman's Forest, Gateways, right -of -way enhancement, and greenways, trails and bikeways. Mr. Barth indicated he believed there had been consensus at the last meeting to move forward with land acquisition for a District Park to be financed through bonds; that funding for renovation of existing parks was already in place and could continue; and that grants could be sought for right -of -way enhancement, greenways, trails and bikeways. Mr. Barth indicated these three areas seemed to be the highest priorities, with the other projects to be developed as grant opportunities became available, and also indicated that the CITY COUNCIL JOINT WORKSHOP MEETING, 10/6/98 2 Gardens Mall project should contain a park setting as well as a commercial retail setting. A detailed development plan would be needed for each area with improvements prioritized. The level of development desired was discussed. Ideas presented for linkages included using canals as well as retrofitting current corridors. Councilmember Sabatello recommended the City take an aggressive approach to utilize the open spaces at existing schools as neighborhood parks. Discussion ensued, and problems previously encountered re: working with the School Board were discussed. Taking a proactive stance in planning was recommended, with a typical overlay of the outdoor space, estimated cost, and benefits for both sides to be presented to the School Board. Councilmember Sabatello cautioned against focusing entirely on growth areas. Councilman Jablin suggested a joint meeting asking Ulysses Smith to be a facilitator to cut through School Board red tape on behalf of the City. Mr. Barth commented the action plans he had presented were a combination of study and analysis of existing facilities and future planning for what was desired. Items were ranked in order of priority. Acquisition of land for a District Park was rated the most important and funding possibilities were discussed. There was a discussion re:existing parks renovation, school parks the Golf Digest project, and the urban park project, for which a plan was needed. Funding alternatives for renovation were discussed, including grants, bonds, and impact fees. The Burns Road corridor was discussed. Mr. Barth recommended a template corridor plan be developed to show to the County, FDOT, etc., in taking a proactive stance to let those entities know what was desired and to find out if they had future roadway widening plans. Rights -of -way were discussed. Mr. Barth explained that easements and existing rights -of -way might be used while corridors would not require the acquisition of additional rights -of -way. Vice Mayor Furtado suggested that Public Works would have information on easements. Mr. Barth explained that his plan contained an interconnecting network system utilizing corridors that would CITY COUNCIL JOINT WORKSHOP MEETING, 10/6/98 3 allow every Palm Beach Gardens resident to get to all schools, parks, and commercial centers. Ray Colleco, President of Sun Terrace in The Oaks, questioned whether the restrooms at The Oaks Park were being discussed, to which Vice Mayor Furtado responded this workshop discussion was philosophical and not park specific. Mr. Barth summarized that top priority was renovation of existing facilities, acquiring a district park, and to work with the schools to develop school parks. It was also felt that the City should move forward on the Gardens Mall urban park. Detailed analysis of the plan for greenways, bikeways, and trails was needed. Mr. Barth stressed this plan would involve all departments in the City, since it was open space for the entire City. The Vice Mayor suggested that rights -of- way and the Gardens Mall park were projects the Recreation Advisory Board could work on since their board was task specific. Comments made by Recreation Advisory Board members favored school parks. During ensuing discussion, a suggestion was made to have a joint meeting with the City Council and the School Board, and placing that on an agenda, also inviting the principals from the schools. At least one or two conceptual plans would need to be developed for that meeting. Councilman Sabatello volunteered to help facilitate development of plans. Mr. Barth explained his next course of action would be to develop an action plan for the prioritized items. Vice Mayor Furtado questioned what happened to funds when the whole budgeted amount was not used for a specific item, to which the City Manager responded that departments had the ability to use those leftover funds for other items. Councilman Sabatello suggested a committee of golfers be established to give input regarding the City's golf course. Consensus was to look at ideas for a golf course committee. CITY COUNCIL JOINT WORKSHOP MEETING, 10/6/98 - 4 ADJOURNMENT There being no further business to discuss, upon motion by Councilman Jablin, seconded by Councilman Sabatello, the meeting was adjourned at 9:30 p.m. MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO CHAIRMAN PRO TEM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING OCTOBER 15, 1998 The October 15, 1998, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin, Councilman David Clark, and Councilman Carl Sabatello. ANNOUNCEMENTS Mayor Russo introduced students who had served as Mayor for the Day and stated the announcements were as posted. CITY MANAGERS REPORT City Manager Herakovich reported that private coaching opportunities for PBGYAA youth would be available for the fall baseball season while complying with the City Ordinance. The City Manager reported that a staff - prepared summary of annexation procedures had been distributed to the City Council. City Manager Herakovich reported she had attended on behalf of the City Council the softball dinner held to celebrate the Softball World Series tournament winners and had distributed 52 certificates to winners, and thanked the volunteers for their time. The City Manager reported receipt of written notification from FDOT denying the City's request to lower the Military Trail speed limit. The City Manager reported interviews had been conducted for the position of Assistant City Manager and negotiations were in progress with the top choice candidate. City Manager Herakovich reported The Riviera Beach City Council was discussing roadway improvements at their meeting tonight, including the Congress Avenue roadway extension and Northlake Reliever Road, and a letter from the City of Palm Beach Gardens had been sent to be read into their record. The City Manager advised a workshop would be scheduled for November, 1998, and requested addition to tonight's agenda of Consideration of Approval of PBA Bargaining Unit Contract. The City Manager thanked the City Council for the opportunity to work for them and wished them happy Boss's day. CITY COUNCIL SPECIAL REGULAR MEETING, 10/15/98 2 Reorder Agenda Councilman Clark made a motion, , econded by Vice Mayor Furtado, to reorder the agenda to place Items for Council Action before Items by Mayor and Council and to place the Public Hearing for Ordinance 19, 1998 in front of Ordinance 13, 1998. Motion carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION 1999 Tenni, Fees Vice Mayor Furtado made a motion to approved the proposed 1999 tennis fees, ,seconded by Councilman Clark. Motion carried by unanimous 5 -0 vote. ITEMS BY MAYOR AND COUNCIL Councilman Jablin Councilman Jablin explained that he was a member of an Ad Hoc Committee ,et up by the Education Advisory Board to obtain partnerships between Palm Beach Gardens businesses and ,chools, and reported that Len-,-crafter,,; had agreed to supply an eye exam and evaluation and a free pair of gla „e, to any Palm Beach Garden, ,student in need. Vice Mayor Furtado The Vice Mayor reported Palm Tran would be working with the School Board to provide additional transportation for ,chool children, which would provide improved - afety and better utilization of facilitie,. Vice Mayor Furtado reported two billboards proposed along Northlake Boulevard could not be erected unle,s FP &L approved them. Mayor Russo requested the City be as aggressive a, possible and to make thi, matter a priority. Vice Mayor Furtado reported the City was being asked to purchase the FEC track, to ,peed up double tracking to allow the Port of Palm Beach to put the majority of their freight on railroad cars which would relieve the backlog now being experienced in the trucking industry. The Vice Mayor reported on proposed turnpike interchange improvement,, flyover, and ,sound wall,. After di,cu „ion regarding the Burn, Road and RCA Boulevard remaining two lane, from A -1 -A to Prosperity Farms Road it was decided that more research wa, necessary. The proposed turnpike interchange location was discu,sed, and Councilman Sabatello expressed concern that this location would impact Steeplechase residents. Con,en,u, was to discu„ this matter at an upcoming meeting with the Steeplechase Board of Director, pre,ent. It wa, reported that the City had objected to the County's plan to place a CITY COUNCIL SPECIAL REGULAR MEETING, 10/15/98 3 flashing yellow light at Burns and Riverside Drive before installing a atop and go light, and had requested the stop and go light be installed initially. It was reported a meeting had been scheduled with the Fire Department, Code Enforcement, and Planning and Zoning regarding the halfway houses. Vice Mayor Furtado reported fingerprinting was now a requirement in Florida for anyone working with children. Procedure for the public adding items to agendas was discussed. Vice Mayor Furtado reported the MPO was sending a letter to the Coast Guard recommending a year -round schedule for openings of the PGA Bridge. Mayor Russo The Mayor reported the Municipal League was working on an Ordinance with the County to upgrade the quality and safety of rented cars and cabs, and advised he had asked the City Manager to research such an Ordinance for the City. Mayor Russo reported attendance at a meeting which included attendance by magnet school students, and recommended increased involvement by the City with the magnet program, particularly with Dwyer High School. COMMENTS FROM THE PUBLIC Linda Hughey Ms. Hughey questioned when the concrete barricade at the end of the strip mall on Keating Drive facing Northlake Boulevard would be removed, to which it was reported the City was working on this matter and that the City and County had agreed to share costs for improvements. Joan Elias Joan Elias, 1009 Diamond Head Way, thanked'tlie City Council for their diligence in assuring that buildings within the City were beautiful. CONSENT AGENDA Councilman Clark made a motion, seconded by Councilman Jablin to approve the Consent Agenda as presented. The motion carried by unanimous vote of 5 -0. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 9/24/98 City Council Special Regular Meeting. 2. Proclaiming November, 1998, az "Epilepsy Awareness Month". 3. Proclaiming November 5, 1998, as "Estate Planning Day ". CITY COUNCIL SPECIAL REGULAR MEETING, 10/15/98 2 4. Resolution 107, 1998 - Consideration of Approval for Disposal of Assets. 5. Resolution 111, 1998 - Consideration of Approval of Plat for Smith Corner. 6. Resolution 112, 1998, Consideration of Approval to Support Revision #10 to the Florida Constitution. PUBLIC HEARING Ordinance 19, 1998 City Forester Mark Hendrickson reviewed the petition. Mayor Russo declared the Public Hearing open, which was duly advertised 9/30/98, and held on the intent of Ordinance 19, 1998, providing for amendment to Ordinance 11, 1998, as Amended, Which Approved a PUD /Site Plan for the Hibiscus Restaurant, Formerly Known as The Bridge Center By Amending the Landscape Plan; Providing for Approval of the Exterior Color Change and Wall Sign Colors. Councilman Sabatello requested and received clarification that the elevation created by the sign company was for information on colors only and that the elevations had not changed; and objected to the striped awnings. Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion that Ordinance 19, 1998 be placed on Second Reading by title only and approved. Vice Mayor Furtado seconded the motion. Councilman Sabatello announced he would vote against the Ordinance because he was against the striped awnings. Motion carried by 4 -1 vote . The City Clerk read Ordinance 19, 1998 by title only on Second Reading. COMMENT FROM THE PUBLIC Mr. DeMarco Mayor Russo acknowledged Mr. DeMarco's request to speak, and advised that the next time he wished to address the City Council that slips were available to be filled out so that the City Council would be aware and call on him at the appropriate time. Mr. DeMarco questioned a newspaper article which reported the City was ousting the halfway house, and stated they had maintained this operation within the City for the past seven years, and now were receiving phone calls wanting to know what would happen to their clients. Mr. DeMarco commented this service was beneficial to the people they were helping, and they had spent $15,000 to bring their operation up to code and were current with other licenses. Mr. DeMarco stated this newspaper article was detrimental to the halfway house and a surprise since they knew nothing about the City's concerns. Mayor Russo explained that staff was working on CITY COUNCIL SPECIAL REGULAR MEETING, 10/15/98 5 this issue and that he was not aware of the newspaper article. Mr. DeMarco stated that no rehabilitation was done at the site located within the City, but that the people merely lived there. PUBLIC HEARINGS Ordinance 13, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 9/30/98, and held on the intent of Ordinance 13, 1998, Providing for Amendment of Chapter 34 of the Code by Amending All Sections of Article III, Entitled "Noise" to Modify the Hours of Restrictions, to Modify the Extent of the Restrictions; and to Clarify the nature of the Restrictions; Section 34 -59 Concerning Exceptions for "Construction Equipment"; Section 34 -60, Concerning Exceptions for "Golf Course Maintenance Equipment'; Section 34 -61, Concerning Exceptions for "Sanitation Trucks "; Section 118 -299, Entitled "Performance Standards" to Modify the Hours of Restrictions and to Clarify the Nature of the Restrictions for Consideration of Second Reading and Adoption. Principal Planner Marty Minor reviewed changes to the Ordinance since first reading. Discussion ensued regarding starting time for trash pickup. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to approve Amendment No. 1 to Ordinance 13, 1998 with the additional change in Section 118- 299 deleting the words "and maintenance activities" under the Section entitled "Exemption ". Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Councilman Clark made a motion to approve Ordinance 13, 1998 as amended, on second reading and for adoption. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 13, 1998 as amended by title only on Second and final reading. Ordinance 21, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 9/30/98, and held on the intent of Ordinance 21, 1998, Providing for Rezoning of 2,304.79 Acres of Land Located Between PGA Boulevard and Hood Road to a Planned Community District to Permit Residential Uses Consisting of 2,145 Dwelling Units, Golf Courses, Clubhouse, Training Facility and Support Facilities. 105,000 Square Feet of Office Use, 15,000 Square Feet of Commercial Use, 10,000 Square Feet of Community Facility Use and 5,000 Square Feet of Sales Center Use, for Consideration {- - ' --- - - ---- - - - -- .Changes recommended�by :Councilman- Davi -d -Clark CITY COUNCIL SPECIAL REGULAR MEETING, 10/15/98 D Second Reading and Adoption. Principal Planner Kim Glas reviewed an amendment of the changes since first reading. Specific conditions were explained and discussed, including extensive discussion of the landscaping and buffer width along the parkway system. The petitioner distributed a proposed alternate condition #20, which had been presented to staff. Mayor Russo and Councilman Clark favored a buffer closer to the width required by code than that proposed by the petitioner. New and amended conditions were discussed. Murray Lipkin, 6463 Brandon Street, representing Eastpointe Homeowners Association, expressed their opinion that the Golf Digest project was a great addition to the City with the exception of the school entrance on Hood Road being opposite to their main entrance which would cause traffic problems, and requested that the City not allow this entrance location. Paul Salter, Eastpointe resident, questioned whether the City Council had considered a buffer along Hood Road. Principal Planner Kim Glas responded there was a 90 foot parkway at that location between the residential area and Hood Road. Siro DeGasperis, 16 Martinique Cove, representing the POA at PGA National, expressed their opinion that this project would be a great benefit to the City, that they were opposed to 4lanes on PGA Boulevard and opposed to making the interior roadway 4 lanes at the outset. Councilman Clark explained that 4- laving the interior roadway at the outset had merely been a point -of discuss lo' n, nova; recommendation by either staff-or-the. Council. ' =: John Gary, agent for the petitioner, requested that the petitioner not have to pay more in impact fees than the aggregate amount which exceeds the impact fee due. Mr. Gary requested that the record reflect there would be ball fields included in the development. Mr. Gary clarified that his client fully intended to enter into a master water and sewer agreement with Seacoast Utilities prior to the effective date of this Ordinance, November 20, 1998. The following amendments to further amend Amendment No. 1 to Ordinance 21, 1998, all in Section 2 were read into the record: Item 1. Add language at the end of the sentence which shall read: as shall be agreed upon in the POA documents. CITY COUNCIL SPECIAL REGULAR MEETING, 10/15/98 7 Condition 28, new Section D, to read: In no event shall the aggregate amount exceed the impact fee due. Condition 31 amended to include reference to construction of the baseball field. Condition 58 amended to read: a nationally recognized golf entity will be required for the first five years of operation. New Condition to follow Condition 11: The applicant shall maintain all landscaped areas in compliance with landscape maintenance performance standards which may be established by the City Forester. Section 6: the terms performance bond, letter of credit or escrow agreement will be replaced with the term surety. Principal Planner Glas read the following condition: Modification of Condition 20 to modify E, F, and H: E. Landscape buffers within development parcels shall be a component of the plan details required by Condition 15. Said landscaping shall be installed concurrent with the adjacent parkway improvements or with the development of each individual parcel, whichever occurs first. During each parcel site plan review, additional screening, if necessary, will be added to the 15-foot landscape buffer. F. The 15 foot landscape buffer shall be maintained by the same entity responsible for the parkway landscaping maintenance. H. Amended plans for reflecting the relocation of the 12 foot pathway and 6 foot sidewalk shall be submitted within 90 days of the approval of this Ordinance including the common area phasing plan and the planning of improvements. The Exhibit List would be amended with an addition to show plans dated 10114198 entitled, Typical Residential Buffer Plan, 40' Parkway, and 15' Buffer, by Urban Design Studio, comprised of 3 sheets. CITY COUNCIL SPECIAL REGULAR MEETING, 10/15/98 0 Councilman Jablin moved to approve Amendment 1 to Ordinance 21, 1998. Councilman Sabatello seconded the motion, which carried by unanimous 5 -0 vote. Councilman Jablin moved to place Ordinance 21, 1998 on Second Reading and Adoption with the amendments read by the City Attorney and by Principal Planner Kim Glas. Councilman Sabatello seconded the motion. Mayor Russo stated he would not vote for this motion but requested the City Attorney schedule a meeting to discuss the City's parkway system, and advised that if the parkway policy should be changed then he would vote in favor at subsequent presentations. Motion carried by 3 -2 vote. RE -ORDER AGENDA Councilman Jablin made a motion to re -order the agenda to take Resolutions in the following order: 94, 109,110, 113, and then 87. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. 1 .111 56] fill 9[$1z[3 Resolution 94, 1998 Councilman Clark made a motion to grant approval of the pay and classification plan for 1998/1999 Fiscal Year. The motion was seconded by Councilman Jablin, and carried by unanimous 4 -0 vote. Resolution 109, 1998 Councilman Clark made a motion to -re- appoint one member to the Board of Trustees of the Police Officers' Pension Fund Board. The motion was seconded by Councilman Sabatello, and carried by unanimous 4 -0 vote. Resolution 110, 1998 Councilman Clark made a motion to re- appoint one member to the Board of Trustees of the Firefighters' Pension Fund Board. The motion -was seconded by Councilman Jablin, and carried by unanimous 4 -0 vote. Resolution 113, 1998 Councilman Clark made a motion to grant approval and ratification of Agreement Between the Police Benevolent Association and the City of Palm Beach Gardens for 10/1/97 through September 30, 1998. The motion was seconded by Councilman Jablin, and carried by unanimous 5 -0 vote. CITY COUNCIL SPECIAL REGULAR MEETING, 10/15/98 9 Resolution 87, 1998 Councilman Clark made a motion to approve an Amendment to the Site Plan for PGA National Mobil Station. The motion was seconded by Vice Mayor Furtado, and carried by unanimous 5 -0 vote. Resolution 108, 1998 Resolution 108, 1998 was continued to the next meeting. ITEMS FOR DISCUSSION: PGA National DRI Amendment Principal Planner Kim Glas provided an update on the PGA National DRI Amendment, which would be brought to the City Council at their next meeting as an Ordinance for First Reading. It was reported this was the first DRI to be closed out within the State. Councilman Clark made a motion to advertise this Ordinance for Public Hearing and Second Reading. Vice Mayor Furtado seconded the motion which carried by unanimous 5 -0 vote. The City Clerk read the title. OOn- Conforming Signs There was a consensus to adopt Option 2 regarding non - conforming signs in the City. CITY COUNCIL SPECIAL REGULAR MEETING, 10/15/98 10 ADJOURNMENT There being no further busine,, to di,cu,,, upon motion by Councilman Clark, ,econded by Vice Mayor Furtado, the meeting was adjourned at 11:30 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO CHAIRMAN PRO TEM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK PROCLAMATION WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; WHEREAS, this holiday called Arbor Day was first observed with the planting of more than a million trees in Nebraska; WHEREAS, Arbor Day is now observed throughout the nation and world; WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; WHEREAS, trees are renewable resource giving up paper, wood for our homes, fuel for our fires and countless other wood products; WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our Community; and WHEREAS, trees, whenever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Mayor Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim November 17, 1998 as: "ARBOR DAY" in the City of Palm Beach Gardens and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands; and further, I urge all citizens to plant trees to gladden the hearts and promote the well -being of this and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this 5th day of November in the Year of Our Lord, Nineteen Hundred and Ninety Eight. Joseph R. Russo, Mayor ATTEST: Linda V. Kosier, City Clerk CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 5, 1998 Subject/Agenda Item: Resolution 114, 1998 - Western Northlake Corridor Land Use Study Recommendation /Motion: Staff recommends approval of Resolution 114. 1998_ Reviewed by: n j4,:eJ- riginating Dept: Costs: $_0 Council Action: City Attome � '-'((e Y wl�_ Plannin Div 9 Total [ ] Approved Other N/A $ . 0 [ ] Approved wi condaions Current FY [ ]Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating County Resolution Paper: [ ] Not Required [ ] Other N/A Submitted by: Growth Mgt. Director Affected parties [ ] Notified: Budget Acct #: [ ] None Approved by: City Manager [ j Not required Background: Staff is continuing to work with County and West Palm Beach staff to develop an interlocal agreement which establishes joint planning procedures for the Western Northlake Corridor. We hope to have a draft before you in December, but in the interim the staff of the three governments are recommending that the Western Northlake Land Use Study be approved as a policy guide. Once acknowledged by the elected officials as a policy guide, staff is able to use the recommendations of the study when reviewing development petitions and land use change proposals which are submitted prior to the effective date of an interlocal agreement. The Board of County Commissioners adopted a similar resolution on September 16th (attached.) The City of West Palm Beach will be considering a resolution within the next month. October 27, 1998 RESOLUTION 114, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, 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 DIRECTING STAFF TO PURSUE THE ADDITIONAL WORK PRODUCTS RECOMMENDED IN THE STUDY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Land Use Compatibility Directive of the Land Use Element of the 1989 Palm Beach County Comprehensive Plan calls for the County to ensure that the densities and intensities of land uses are not in conflict with those of the surrounding areas, whether unincorporated or incorporated; and WHEREAS, Goal l of the Intergovernmental Coordination 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; minimal natural limitations, 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 WHEREAS, in 1997, the County received two plan amendment applications in the Northlake Corridor Area to which the City objected through the Intergovernmental Plan Amendment Review Committee (IPARC) process; and WHEREAS, the Board of County Commissioners directed county staff to coordinate with the City of Palm Beach Gardens on a corridor study along Northlake Boulevard on July 21, 1997; and WHEREAS, a staff committee 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 stages during the study process; and WHEREAS, the Western Northlake Corridor Land Use Study contains recommendations regarding appropriate land uses for the remaining vacant parcels, establishing an effective delineation between rural and urban/suburban uses, and discouraging urban sprawl and the premature conversion of rural land to urban uses, as well as recommendations regarding intergovernmental coordination/cooperation; and WHEREAS, the City of Palm Beach Gardens 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 acknowledges 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 Commissioners 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 ATTEST: LINDA V. KOSIER, CMC, CITY CLERK mm DAY OF 51998. MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY VOTE: AYE NAY ABSENT COUNCILMEMBER RUSSO COUNCILMEMBER FURTADO COUNCILMEMBER JABLIN COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO avIcr '011 -ov w:rcn—rt.ri�vuw —utri- rws:xi— cso-�suo r�uc RESOLUTION NO. 98- 1502 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA ACKNOWI..EDGING THE WESTERN NORTHLAKE CORRIDORLAND USF. STt1DV AS A POLICY AND GROWTH MANAGEMENT GUIDE AND AN EXPRESSION OF THE DENIRES OF THE COMMUNITY, IN THE REVIEW OF DE:VELOPMENTPROPONALS AND PLAN AMENDMENTS, AND DIRECTING STAFF TO PURSUE THE ADDITIONAL WORK PRODUCTS RECOMMENDED IN THE STUDY, AND PROVIDING FOR AN F.FFECTIVF.'DATE. WHEREAS, the Land UseCompatihilityDirectiveofthe Land Use Flementofthe 1989 4 Palm Beach County Comprehensive Plan calls fir the County to ensure that the densities and intensities of land uses are not in conflict with those of the surrounding areas, whether unincorporated or incorporated; and WHEREAS, Policy 1.1 -g of the Land Use Flement of the 1989 Palm Beach County Comprehensive Plan culls rot the County to ensure that theresidential, commercial and industrial land use designations and assuciated densities and intensities du not exceed the natural or manmade constraints of an area; and WHEREAS, Policy 1.3 -b of the Land Use Element of the 1989 Palm Beach County Comprehensive Plan calls for the County to protect residentially designated area from the encroachment of ini.ompatible land uses; and WHEREAS, Policy 1,3 -e of the Land Use Plement of the 1989 Palm beach County Comprehensive Plan prohihitsthe County fnm designating additional commercial areas on the Future I.and Use Atlas that would result in strip commercial development; and WHF:RF.AS, Policy 3.3 -a of the Land Use Element of the 1989 Palm Beach County ComprehensivePhtn provides that the C'ouny develop a program for allowing consideration of neighhnrhood plans: and WIIEREAS,Goul 1 of the Intergovernmental Coordination filement of the 1989 Palm Reach County Comprehensive Plan calls for the County to provide a continuous coordination effort with all affected governmental entities in order to accomplish the goiA of the Palm beach County Comprehensive Plan and consider recommendations of affected governmental entities in the County's deuision- makingprocess and to ensure consistency with state and regional plain and R98 1502 - 10111 ,9e 11:4y 1V:PZb-KJ*14IWta -L&I rwc:bbl -2 rs -5Ltb R4-+- 2 WHEREAS, Goal I of* the Conservation Flement ot'the 1989 Palm Beach County t'iimnre hen sive. Plnn c.1lts fnr the County In pnxerve, protect.and enhance the County's natural resources, encouraging the highest possible environmental quality and hest management of natural resources; and WHEREAS, in Resulution R -93 -886, the Hoard of County C'ommissionerpruvides fur acknowledgement of neighborhood plans by Resolution; and WHEREAS, in 1997, the County received two plan amendment applications in the Nurthlake Corridor Area to which the City of Palm Beach Gardens objected through the Intergovernmental Plan Amendment Review Committee (II'ARC) process; and WHEREAS the Board of County C'ummissioners directed staffto coordinate with the City of Palm Beach C;ardens on a corridor Study along Nurthlake Boulevard on July 21, 1997; and WHEREAS, a staff committee was fanned 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 stages during the study process; and W I IEREAS, a final community meetingwas held on Vuesday, May 31, 1498 where the community reviewed and accepted the recom mend n(ions in the plans; and WHEREAS, the Western Nurthlake Corridor Land Use Study contains recom mend aI ions regard ing appropriate land uses for the remaining vtrant parcels; establishing an effective delincatioribetween rural andurban/suburban uses; and discouraging urban sprawl and the premature conversion of rural land to urban uses; as well is rcommcndations regarding intergovernmental coordination/ cooperation, WHEREAS, the Land Use Advisory Hoard reviewed the study on June 12, 1998 and Judy 10, 1998 and voted unanimously to forward a recommendation orapproval to the Board of County Commissioners; and WHEREAS, the City of Palm Beach Gardens leld a workshop on June 18, 1998 made comments on the plan, and directed its stall to bring the study back fir formal action; and WHEREAS, the Board ofcounty Commissioners held a workshop on June 23, 1998, made comments regarding the plan aid concluded that further discussion was warranted on the study; and WHEREAS, the City of West Palm Beach held aworkshop on August 10, 1998, made comments on the plan, and directed its staff to pursue the recommendations of the study. R98 1502, ♦VI G! w ♦A•M,7 i rW1 -Wjv.L J-JdyJ rM.ti.. ;, NOW, 'fHBI {t':FORR, 131: IT RESOLVED BY Tile: BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUN'T'Y, FLORIDA, AS FOLLOWS: Section 1. The Western Northlake Land Use Study attached hereto as Exhibit A, is hereby acknuwlcdgcd by the Board of County Commissioners as a policy and growth management guide, and an expres.iion of the desires of the community, in the review of development proposals and plan am ;ndmems. County stat'f is directed to pursue the additional work poducts as recommended by the study. Section 2. Effective 1;;,310 This Resolution shall he elective upon adoption by the Board of County Commissioners. The foregoing Resolution wasofi eredbyCommissiuner_Marruq,wh) moved its adoption. The motion was seconded by Commissioner _ Rnhert4 and, being put to a vote, the vote was as follows; C•OMMISSIONFR BURT AARONSON Absent COMMISSIONER KAREN T, MARCUS Aye C'OMMISSICINER CAROL A. ROBERTS Aye COMMISSIONER WARRFN H. NEWELL Nny COMMISSIONERS MARY McCARTY Absent COMMISSIONER KEN L. FOSTER Absent C'UMMISSIONEIZ MAUTIE FORD LEE* Aye The Chair thereupon declared the Re-solution duly passed and adopted this 16 day or au-ismbe.r.., 1998. A'T'TEST; DOROTHY 11. WII.KEN, CLERK By: Deputy Clerl. �Ji 8 % PROVED AS TO FORM AND Q t`Y AL SUFFICIENCY COUNI Ytn � . ••'�•' �„� County Attorney , PALM BI :AC:II COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS H /7/C- , Rqg 1502 Western Northlake Corridor Prepared in partnership by Palm Beach County, the City of Palm Beach Gardens and the City of West Palm Beach June 8, 1998 CREDITS AND ACKNOWLEDGMENTS The preparation of this report required the time, cooperation, and collective effort of three local governments and many individuals. Appreciation is extended to all those who participated: Palm Beach County PZ &B Department Dominic Sims,- Executive Director Planning Division Frank Duke, Planning Director Kathleen Girard, Principal Planner Aimee Craig, Planner II Steve Morales, Senior Planner Meg Smith, Econ. Development Specialist Lisa Lowe, Senior Planner Carl Flick, Senior Planner James Ponseti, Planner II Michael Owens, Planner I Matthew Zern, Planner I Geographic Information Systems Sharon Kubber, CADD Technician Clara Dibella, CADD Systems Specialist City of Palm Beach Gardens Roxanne Manning, Growth Management Director Kim Glas, Principal Planner Ed Tombari, Planner II Melissa Prindiville, GIS Technician City of West Palm Beach Greg Stuart, Planning Director Sharon Jackson, Senior Planner Additional thanks to all the citizens who participated in this effort and have shown a commitment to the future of their communities. In accordance with the provisions of ADA, this document may be requested in an alternative format. Contact the Planning Division at (561) 233 -5300. TABLE OF CONTENTS EXECUTIVE SUMMARY I. OVERVIEW A. INTRODUCTION ...... ............................... 1 B. PURPOSE OF THE STUDY ............................. 1 C. STUDY PARAMETERS .. ............................... 2 D. STUDY ORIGIN ....... ............................... 2 E. PROJECT LOCATION /BOUNDARIES ..................... 2 Ii. BACKGROUND DATA/INVENTORY A. POPULATION AND HOUSING ........................... 8 B. PROPERTY OWNERSHIP PATTERNS .................... 9 C. EXISTING LAND USE ... ............................... 9 D. ADOPTED FUTURE LAND USE PLANS .................. 13 E. ASSOCIATED PLANS .. ............................... 24 F. INFRASTRUCTURE /SERVICES ....................... 28 111. COMMUNITY INVOLVEMENT A. MARCH COMMUNITY MEETINGS - ISSUES /CONCERNS .... 34 B. MAY COMMUNITY MEETINGS - GOALS /OBJECTIVES ...... 36 IV. ANALYSIS AND RECOMMENDATIONS A. URBAN SERVICE AREA BOUNDARY .................... 37 B. INDUSTRIAL ........ ............................... 39 C. RESIDENTIAL ........ ............................... 42 D. COMMERCIAL ....... ............................... 46 E. INSTITUTIONAUPUBLIC FACILITIES .................... 50 F. TRANSPORTATION /ROADWAY NETWORK .............. 51 G. INTERGOVERNMENTAL COORDINATION ................ 52 V. APPENDICES A. PUBLIC,MEETING ISSUE SUMMARY .................... 55 B. MAP 12, STUDY AREA/TRADE AREA .................... 58 C. DWELLING UNIT ESTIMATES /PROJECTION, MARKET AREA .59 D. MARKET NEEDS ANALYSIS ............................ 60 LIST OF MAPS 1. GENERAL LOCATION ........ ............................... 3 2. PROJECT BOUNDARIES ..... ............................... 4 3. ANNEXATION AREA ........ ............................... 6 4. PROPERTY OWNERSHIP ... ............................... 10 5. EXISTING LAND USES ...... ............................... 11 6. PUBLICY OWNED CONSERVATION LAND ...................... 14 7. FUTURE LAND USES ....... ............................... 16 8. LINKED OPEN SPACE ...... . ............................... 20 9. CITY OF PALM BEACH GARDENS' .V.IS10Nl ..................... 25 10. 2015 TRANSPORTATION PLAN ..... ......................... 29 11. UTILITIES ..... ............. .............................32 12. STUDY/ TRADE AREA BOUNDARIES ............................ 58 EXECUTIVE SUMMARY A. INTRODUCTION The Western Northlake Boulevard Corridor Land Use Study was a joint effort between Palm Beach County and the Cities of Palm Beach Gardens and West Palm Beach. The study examined the existing land use pattern and future land use along Northlake Boulevard, generally west of the West Palm Beach Water Catchment Area, and south of the Beeline Highway. The area is primarily rural in character; however, in recent years there has been increasing pressure for growth and urban development. Additionally, there is a substantial amount of publicly -owned environmentally sensitive land/ conservation land within the study area, thus adding to the need to plan and coordinate the area's growth. This report contains recommendations for future land use designations and growth management techniques in order to ensure efficient growth and development. B. PURPOSE & OBJECTIVES The overall purpose of the study is to determine appropriate land uses within the Northlake Boulevard area which will preserve and enhance the rural character, while also recognizing and planning for limited urban development. The Study objectives are listed below: establish an effective delineation between rural and urban /suburban uses; " discourage urban sprawl, strip commercial development and the premature conversion of rural land to urban uses; protect the natural environment; enhance the community identity and the appearance along the roadway; " encourage efficient traffic flow on Northlake; and encourage intergovern mental coordination /cooperation. C. PUBLIC INVOLVEMENT Public participation was pursued through two community meetings, as well as a presentation to the Acreage Landowners Association. The meetings provided an opportunity for residents and property owners to discuss their thoughts and concerns regarding the Western Northlake Corridor. D. RECOMMENDATIONS The recommendations carry out the objectives of the study focusing on: better delineation between the rural and urban/suburban uses; protecting the rural character of the area; discouraging premature conversion of rural lands to urban uses; and intergovern mental coordination. The following matrix highlights the study recommendations. The 'map on the following page (ii) illustrates the recommendation. The analysis and recommendations are discussed in full in Section IV. Western Northlake Corridor Executive Summary Land Use Summary /// a i z� 3 g IL a� ZZ00 i 8 ttg TM E� III II LLL IIII III II 11L1 A z 0 } cx c - c `J � V 9 aB v d EEcoo 3 SEAM /// a i z� 3 g IL a� ZZ00 i 8 ttg TM E� III II LLL IIII III II 11L1 A z 0 } cx c - c `J � V 9 aB v d EEcoo 3 11 I III TM � III II LLL IIII III II 11L1 z 0 } V 9 d 3 Amend the County's USAB to reflect the Urban Growth Boundary as adopted within PB County the City of Palm Beach Gardens'. Maintain the County's USAB and an urban designation for those properties currently PB County inside the County's USAB and City of West Palm Beach. Amend the County's USAB to parallel Northlake Boulevard, and include the 11.4 PB County acre located just south of the Menorah Gardens (Claartje Property). Amend the City's FLUA to reflect the 85 acre MacArthur parcel as a Limited Urban PB Gardens Service Area. If annexed by the City of Palm Beach Gardens, those areas currently within the unincorporated USAB should receive a Limited Service Area designation. Investigate an amendment to the County's FLUA to include the North County Airport PB County as a Limited Service Area. If petitioned, amend the County's and Gardens' FLUA to redesignate the industrial PB County and land use to a low density residential use (Low Residential 1). PB Gardens If a future need is identified in the area, the County should investigate limited or PB County light industrial use at the North County Airport facility. Western Northlake Corridor Executive Summary Land Use Summary Upon request, the County should amend the FLUA designation from Industrial to PB County & Low Residential, 1 unit per acre (Campbell property). Upon request, the City of PB Gardens Palm Beach Gardens should amend the MacArthur property from Industrial to Residential Very Low (1 unit per acre). Upon request, amend the Institutional land use, north of the Menorah Gardens site, PB County to Low Residential, 1 unit per acre (IR -1). In order to ensure a consistent character, design guidelines should be developed All Three Local for residential areas, including guidelines for set - backs, buffering and landscaping. Governments Require any environmental preserves or set asides to be located adjacent to All Three Local existing conservation areas. Governments If access is provided to Hamlin Boulevard, approve the subdivision of the land PB County located between Hamlin Boulevard & Northlake Blvd., as 1 unit per 2.5 acres (or as consistent with the findings of the Managed Growth Study). The rural lands within the study area, should retain the RR -10 or RR -20 land use PB County &. designations, consistent with current County /City land use plans. PB Gardens Equestrian uses within the study area should be encouraged, and a future PB Gardens equestrian development on the Vavrus Property should be supported. A rural cluster development pattern should be investigated associated with the PB County & equestrian development which would provide a density bonus for significant open PB Gardens space. Western Northlake Corridor Executive Summary Land Use Summary iv ns be Western Northlake Corridor Executive Summary Land Use Summary v Encourage institutional uses to co- locate along Northlake Boulevard, east of All Three Local Coconut. I Governments Reexamine Northlake Boulevard to determine whether the planned expansion to PB County six lanes in the study area is warranted. Investigate the use of a landscaped median, for the portion of Northlake Boulevard All Three Local which is currently planned for six lanes. Landscaping should include a variety of Governments landscape materials which arp indigenous to the area. Investigate a 'Rural Parkway" concept for Northlake Boulevard, which would extend PB County & from Coconut Boulevard, west to Seminole Pratt- Whitney, to preserve the rural PB Gardens character of the area, and where feasible, reduce the potential for curb cuts along Northlake. Encourage street scape improvements along Northlake Boulevard, including tree All Three Local planting, sidewalks and bikeways. Governments By November 1998, adopt a'tri-party interlocal agreement between the County, All Three Local Palm Beach Gardens and West Palm Beach to carry out the recommendations of Governments this report. Set up a staff review committee for any non - residential projects which locate in the All Three Local study area, to ensure that the design guidelines established are carried out. Governments Require dual approval of any land use change which is not consistent with the All Three Local findings of the Western Northlake Boulevard Corridor Land Use Study. Governments Western Northlake Corridor Executive Summary Land Use Summary vi I. OVERVIEW A. INTRODUCTION The Western Northlake Boulevard Land Use Study is a joint effort by Palm Beach County and the Cities of Palm Beach Gardens and West Palm Beach. This study examines the existing land use pattern and future land uses along Northlake Boulevard, generally west of the West Palm Beach Water Catchment area, and south of the Beeline Highway. This is an area that is still primarily rural; however, there is increasing pressure for growth and development which is more urban or suburban in character. There is also a substantial amount of environmentally sensitive land/conservation land within the study area, thus adding to the need to plan and coordinate the area's growth. This report contains recommendations for future land use designations and growth management techniques in order to ensure efficient growth and development. The report is organized into five general sections: I. Introduction II. Background /Inventory Ill. Community Involvement IV. Analysis and Recommendations V. Appendix The study recommendations will provide guidance to the various boards and city councils reviewing future land use atlas and zoning changes within the area. B. PURPOSE OF THE STUDY The purpose of the study is to determine appropriate land uses within the Northlake Boulevard area which will preserve and enhance the rural character, while also recognizing and planning for limited urban development. The study objectives are listed below: * establish an effective delineation between rural and urban /suburban uses; * discourage urban sprawl, strip commercial development and the premature conversion of rural land to urban uses; * protect the natural environment; * enhance the community identity and the appearance along the roadway; * encourage efficient traffic flow on Northlake; and * encourage intergovernmental coordination /cooperation. Western Northlake Corridor Land Use Study C. STUDY PARAMETERS The primary focus of this study is land use. The land use recommendations within this report are premised on adopted plans for services and facilities in this area, in terms of roads, police protection, fire rescue services, etc. No changes in facilities or services are planned at this time, as a result of the study. D. STUDY ORIGIN Concerns regarding the future of the Western Northlake Boulevard area have arisen due to the number of inquiries and requests for additional urban development and commercial future land uses within the area. This area of the County has remained primarily rural, due to the following: a majority of the land is outside of the County and Cities Urban Service Area Boundaries; a majority of the area maintains very low residential densities (less than one unit per acre) ; and there is a significant number of environmentally sensitive lands within the area. Recently, however, there has been much more interest in this area for additional growth and development. Palm Beach County accepts amendments to the Future Land Use Atlas (FLUA) of the Comprehensive Plan twice per year. Two privately initiated site specific FLUA amendments on Northlake Boulevard, west of the West Palm Beach Water Catchment Area, were submitted as part of Amendment Round 97 -2. Both of these amendments were located at the edge of the County's Urban Service Area, and within the future annexation area of the City of Palm Beach Gardens (Gardens).. The City expressed concerns regarding the amendments, specifically with respect to increasing residential density and provision of services, which was in conflict with the City's Visioning Plan. The two amendments were also the subject of an "Intergovernmental Fact Finding Panel" as part of the Intergovernmental Plan Amendment Review Committee (1PARC) process. The Fact Finding Panel recommended that additional study and intergovernmental coordination be undertaken. At the Palm Beach County Board of County Commissioner's (BCC) public hearing on July 21, 1997, all parties agreed that additional coordination and planning was warranted. At the request of the Gardens, and as recommended by County Staff, the BCC directed Staff to enter into a joint planning effort with the City of Palm Beach Gardens for the "Western" Northlake Boulevard corridor. The City of West Palm Beach, because of its proximity to the study area, also agreed to participate in the joint planning effort. The City of Royal Palm Beach was also invited to participate; however, they declined the invitation. E. PROJECT LOCATION/BOUNDARIES This section outlines the project location, establishment of the boundaries, and future annexation areas. Western Northlake Corridor Land Use Study 2 1. General Location The project is located in the northern portion of the County, generally west of the West Palm Beach Water Catchment Area, and South of the Beeline Highway (See Map 1). Map 1 General Location Martin County IL � d cc 2 y i.. y LL 1 ZI Study Area.I t =1 a ort a e _9 d c I• c u t m CO IL` m m E o CO Rl c n N o BeiVede 60 dd1 ¢ 1TpglQi Southern Blvd. UM Fnrnsr Hill Rlvd_ II Q I 1 akAI Wnrrh Ud —1 9 Laorana I U�e I, t O +? v ddl q y � G Gateway(C LL Bovnton 6ach Slid Q Woolbri h Rd. m o F 1"= 6 miles ¢ tI.Mr Ave. I tAnten 1316d-CHI Moore RIO. I IGladJsYaFMIo`a'do FId. I I ff /( _- I Lalrrtetto Park Woad Broward County Western Northlake Corridor Land Use Study 3 L 2. Project Boundaries The project boundaries encompass both rural and urban development, and take in portions of the unincorporated County, City of Palm Beach Gardens, and City of West Palm Beach.. The boundaries are outlined below and are illustrated on Map 2: * North: Beeline Highway; * East: West Palm Beach Water Catchment Area; * South: Southern Boundary of Ibis, Rustic Ranches, Bay Hill Estates, and Hamlin Boulevard; * West: The J.W. Corbett Wildlife Management Area. Map 2 Western Northlake Corridor Land Use Study Study Area 4 &19 Am ON Western Northlake Corridor Land Use Study 4 The boundaries not only encompass properties directly adjacent to the north and south sides of Northlake Boulevard, but also include lands further north, which may be impacted by land use changes along the roadway. The western /northern extent of the project boundaries were established based upon the City of Palm Beach Gardens future annexation area. 3. Municipal Boundaries and Future Annexation Area The project boundaries encompass three jurisdictions: unincorporated Palm Beach County, the westernmost part of the City of Palm Beach Gardens, and Ibis Golf and Country Club within the City of West Palm Beach. The current municipal boundaries and proposed future annexation areas are illustrated on Map 3. The Village of Royal Palm Beach, according to its Comprehensive Plan, indicates that its future annexation area extends north of Northlake Boulevard. The City of Palm Beach Gardens future annexation area extends south to Northlake Boulevard and west to the Corbett Wildlife Management Area. 4. Indian Trail Improvement District In addition to the local governments, Indian Trail Improvement iDistrict also plays a role with future development in the Acreage, portions of which are in the study area. a. Authority /Purpose Indian Trail Water Control District (District) was originally created on June 6, 1957 under Chapter 57 -646, Laws of Florida, and subject to applicable provisions of Chapter 298, F.S. The District was created for the purpose of constructing and maintaining the water control and drainage systems; constructing andmaintaining the District roads; and the construction /maintenance of a water supply system and /or sewage system if required; and (as of 1997), to buy, develop, and maintain recreational areas. b. Financial The Indian Trail Improvement District is funded by special assessments collected through the County's Tax Collector's Office. These assessments are not ad valorem or millage taxes which are based on the appraised value of the individual property. Each year, the District prepares a budget for the upcoming fiscal year. The preliminary budget is presented at public budget meetings. Property owners have an opportunity to ask questions about the proposed budget and make requests for modifications. The final budget decisions are made by the seven elected Board of Supervisors. C. Maintenance Responsibilities Maintain 163 miles of the physical canal system in order to provide drainage protection throughout the 37 square miles of the active units of the District. Maintain an aquatic weed control program using EPA approved herbicides or other approved means, to provide adequate flow (not for aesthetic purposes). Western Northlake Corridor Land Use Study 5 Rp 24- r4lpr I RP 1PAO • Maintain 4 major pump stations and 12 control structures and numerous minor water control structures as needs dictate. • Record daily rainfall events at several different gauges and canal surface water elevation at 11 stations. These records are maintained at the District office. • Maintain a water quality monitoring program to establish background data and protect District interest. • Mow banks and berms of the District's canals and roadway easements as time and manpower permit. • Grade and maintain approximately 5001+ miles of dirt roads in order to provide access to the active units; also maintain approximately 30 miles of paved roads. • Maintain parks. 5. Northern Palm Beach County Improvement District a. Authority /Purpose The Northern Palm 'Beach County Improvement District ( NPBID), an independent Special District of the State, was created in 1959 under Chapter 59 -994, Laws of Florida, subject to applicable provisions of Chapter 298 F.S. The NPBID was created for the purpose of reclaiming the land within its boundaries for water control and water supply and protecting the land from the effects of water by means of construction and maintenance of canals, ditches, levies, dikes, pumping plants and other improvements. Additionally, NPBID is also authorized to construct and operate water and sewer facilities, roads, parks and parkways. As of February 1998, NPBID encompassed approximately 128 square miles of land. Northern's boundaries extend to the Lake Worth Drainage District on the south, generally following the Florida East Coast Railway on the east, the County line to the north and the South Florida Water Management District L -8 canal to the west. b. Financial The NPBCID is funded by special assessments for maintenance and for debt, collected through the Palm Beach County Tax Collector's office. Each year, on or before September 15th, Northern's' Board of Supervisors certifies its Tax Roll to the County Tax Collector for inclusion in the Real Estate Tax Bill. Prior to each certification, budgets are prepared and presented to interested landowners at one or more Public Hearings. C. Maintenance Responsibilities NPBID owns, operates and maintains facilities within Units of Development. Northern currently has 37 active Units of Development, and is currently constructing improvements within 9 Units of Development. Northern is responsible for the maintenance of all facilities it constructs except those facilities conveyed to other local governments. Western Northlake Corridor Land Use Study 7 II. BACKGROUND DATA /INVENTORY A. POPULATION AND HOUSING 1. Existing Conditions The population in the study area is estimated to be approximately 1,464 people (1995). The area is almost exclusively comprised of single family homes. A majority of the population in the study area is located on the south side of Northlake Boulevard. 2. Population Projections The population within the study area boundaries is projected to increase substantially within the next 15 years. The population in 1990 was estimated to be around 330 people, increasing to 1,464 by the year 1995. Projections indicate that the population will increase to approximately 5,090 by the year 2005 and 9,098 by the year 2015. (See Figure 1, Population Projections). 10000 -1, 8000 6000 4000 2000 300 Figure 1 Population Projections 5,090 0� 1990 1997 2000 2005 2010 C Population .OA 2015 Western Northlake Corridor Land Use Study 8 B. , PROPERTY OWNERSHIP PATTERNS Property ownership patterns in the study area are illustrated on Map 4. There are several large holdings under a single owner, primarily on the north side of Northlake Boulevard. The Vavrus Ranch, Mecca Farms, and Palm Beach County represent the largest land owners in the area. On the south side of Northlake, property ownership patterns generally consist of multiple owners, with the exception of a strip of land which runs west of Coconut Boulevard, between Hamlin Avenue and Northlake Boulevard, which is under single ownership. C. EXISTING LAND USE Although the majority of the land is currently undeveloped, a mix of both urban and rural land uses exist within the study area. The majority of the residential land is developed at a low density, which gives the area a rural character. The existing urban land uses are clustered in the eastern portion of the study area. Table 1 identifies the general acreage for each existing land use, and the land uses are illustrated in Map 5. Table 1 Generalized' Existing Land Uses by Acreage Within the Study Area 'Land Use Approx. Acres e Residential' 520 Commercial 10 Industrial 0 Institutional 32 Transportation/Utilities 699 Conservation 3996 Recreation (including Golf Courses)/ Open Space (including water bodies) 240 Agriculture 5830 Vacant' 6390 Total Acres 17717 ' The land use categories have been generalized, based on information from the City of West Palm Beach, The City of Palm Beach Gardens and County databases. 2 Residential data source is 1995. 3 This category may also contain canals, easements and other rights -of -way. Western Northlake Corridor Land Use Study 9 , ----' - �---- � Irk arm WAF- /`` AI t. It'll, 1. Residential Existing residential development within the study area totals approximately 520 acres (this acreage does not include unbuilt, but approved, portions of subdivisions /PUDs). There are two subdivisions and two planned unit developments (PUD) within the study area boundaries which are gradually being developed. The following table provides the size and density of these residential subdivisions/ PUDs within the study area. Table 2 Residential Subdivisions/ Planned Unit Developments within the Study Area Name & Location Total Total # of Gross Density (See Location Map Below) Acreage Approved Units The Acreage (estimated for the portion within the -2600 acres -1728 1 unit per 1.25 acres Study Area - part of Unit 10 and all of Unit 11) Note: The number of units does not include County purchases in Unit 11. Bay Hill Estates, (a.k.a. Stonewall Estates) 983 acres 440 1 unit per 2.25 acres South side of Northlake Boulevard Kramer's Subdivision aka Rustic Ranches 302 acres 60 lots of 1 du per 5 acres South side of Northlake Boulevard record Ibis Golf and Country Club 1900 acres 2380 1.25 du /acre South side of Northlake Boulevard 2. Commercial The Ibis Golf and Country Club, on the south side of Northlake Boulevard, has only commercial sites within the study area. A gas station, convenience store, and offices are located to the west of the Ibis entry road, and a commercial center, approved for approximately 79,420 sq.ft., is currently under construction on the east side of the entry road. 3. Recreation /Open Space The City of Palm Beach Garden's Municipal Golf Course is also located on Northlake Boulevard, and occupies approximately 142 acres. There are also several golf courses within Ibis Golf and Country Club and Bay Hill Estates which account for a majority of the remaining existing recreation /open space acreage. There are no other parks or recreation facilities. 4. Institutional The Menorah Gardens Cemetery and Crematorium is located on Northlake Boulevard, and occupies approximately 32 acres. There are no other institutional uses in the study area. 4 In Amendment Round 98 -1, the County has designated this subdivision as exempt from the lot combination requirements, which would result in a total of 60 lots. Western Northlake Corridor Land Use Study 12 5. Conservation There is a significant amount of conservation land within the study area boundaries (See Map 6). In October 1996, approximately 1,560 acres on the north side of Northlake Boulevard, south of the North County Airport, and west of the Water Catchment Area, were acquired by the County, through the Environmentally Sensitive Lands Acquisition program. In August 1997, the County purchased the O'Connell Tract, a 730 acre parcel, on the south side of the Beeline Highway. The County also purchased approximately 303 acres located in the northeastern comer of Unit 11 of the Acreage. Additionally, there is approximately 960 acres of dedicated preserves within the North County Airport site. Finally, there is approximately 86 acres and 357 acres of dedicated preserves within the Palm Beach Gardens municipal golf course and Ibis Golf and Country Club, respectively. 6. Agriculture /Excavation There are over 5,000 acres of agricultural land within the study area, including Mecca Farms which is an orange grove, and the Vavrus property which is in use as unimproved pasture for cattle. Excavation has also been approved on the Mecca Farms property. 7. Trans aortatlon /Utility The North Country General Aviation Facility (aka North County Airport) comprises a majority of the Transportation /Utility existing land use acreage. The site totals approximately 1,830 acres, and is located on the west side of the Beeline Highway. This project was a Development of Regional Impact (DRI). Its Master Plan indicates approximately 180 acres of land, currently undeveloped, as subsidiary development, most probably light industrial type land uses. In order to develop the subsidiary site, however, the County would need to seek a substantial deviation of the approved DRI, to clarify the permitted uses. Additionally, according to the Airport Master Plan, approximately 960 acres are dedicated preserve sites. 8. Vacant With the exception of the golf course, the majority of the properties fronting the north side of Northlake Boulevard are vacant. In all, there are over 6,300 acres of vacant land in the study area. A large portion of the vacant acreage is under single ownership ( Vavrus). Unit 11 of the Acreage is also undeveloped at this time. D. ADOPTED FUTURE LAND USE PLANS This section describes the adopted "generalized" future land uses within the study. Chapter 163, Florida State Statutes, require that all local governments prepare and implement a Comprehensive Plan which includes a FLUA designating the future intent for all lands within the local government's jurisdiction (See Map 7). Accordingly, Palm Beach County, the Cities of Palm Beach Gardens and West Palm Beach all have adopted comprehensive plans and designated future land uses. Western Northlake Corridor Land Use Study 13 lZM AVG'. I WZ 1. Future Land Use Designations A description of the future land uses planned for within the study area is provided below, and illustrated on Map 7. The predominant future land use designations are shown in Figure 2 on page 18. Table 3 identifies the general acreage for each generalized future land use designation. a. Rural Residential 10, RR -10 (1 dwelling unit per 10 acres) All of the residentially designated parcels in the unincorporated area have a RR -10 designation. Within the City of Palm Beach Gardens, two large tracts of land designated for RR -10 use are located roughly a half mile north of Northlake Boulevard to the west of the conservation area, and along the western boundary of the City from Northlake Boulevard, north to the Beeline Highway. Table 3 Generalized' Future Land Use Designations by Acreage Within the Study Area Future Land Use Approx. Acres e Rural Residential 10 8456 Rural Residential 20 2430 Single Family 1900 Industrial 224 Institutional/Public Fac. 132 Transportation /Utilities 880 Recreation 142 Conservation 35536 Total Acres 17717 b. Rural Residential 20, RR -20. (1 dwelling unit per 20 acres) This land use designation primarily extends along the north side of Northlake Boulevard west of the municipal golf course (with the exception of unincorporated pockets) to one - quarter mile east of the City of Palm Beach Garden's western boundary. The western boundary of the City runs north from Northlake Boulevard approximately one and a quarter mile east of Seminole -Pratt & Whitney Road. 5 Future land uses have been generalized to a common type, due to the different land use designations adopted within each local government's comprehensive plan. 6 Not all preserve or conservation areas have a conservation Future Land Use Atlas designation. Western Northlake Corridor Land Use Study 15 iI K .�.- �� ,, ��.� �� \ C. Commercial �x There is no commercial future land use designation within the project'sboundanes ' U - ::^ "#10',#fk -0y;�3ey.t':ai However,`79,420 sq.ft. of commercial use has been approved as part of thebsGol�,; and County Club PUD. Two other recently approved commercial shopping centers are 3 art. located: 1) at the in of Orange Boulevard and Seminole Pratt 1Nhitney Road, in the Acreage, and 2) along Seminole. Pratt Whitney Road, in the 'center of Callery- Judge Groves; however, they are not within the study area boundaries d. Single Family Residential The Ibis PUD is the only development with an urban residential land use designation, allowing 1 to 6 units per acre. Ibis has an overall density of 1.25 units per acre. e. Industrial There are two parcels in the study area with an industrial future land use designation: a vacant 142 acre tract located on the northeast corner of Northlake Boulevard and Memorial Park Road in the unincorporated area, with a County industrial designation (Campbell Property); and a vacant 85 acre parcel of land owned by the MacArthur Foundation which" is located on the north side of Northlake Boulevard just east of the 142 acre parcel, with a City of Palm.Beach Gardens Industrial designation Both 'of these sites were formerly part of a larger industrial park, a majority of which since been purchased by the County �ti }4q {r i; }'- n s "f ➢e' -,. ' kh ;f Yyy.1 ; RYykjp+t L 11% r?sXi'� t County's 1972 Future Land Use Plan• At the time of the adoption of the original 1972 3 County Land Use Plan, the entire study area was unincorporated Th Pfan de igna ed a Light (ndustnal center generally kno im2as °the "Northlake Industrial Corn or" Some p. of the parcels along Northlake' Boulevard :within the studyy area a am n ustnaf ° designations from this original land useaplan, The'County's 1989 Comprehensive Plan maintained the "Northlake Industna. Gomdo Jr11^^ ly CC y{ concept, and the Industrial potential designated in 1980, by assigning these ropertie fL an Industrial future land 'use :designation. However; the ;corridor has ps rice �,no ' is developed as envisioned since, a majority of the corridor has been purchasedr A *FY 3C +�Y 3h ,PS, aa conservation purposes. w� . t � County s 1980 Comprehensive Plan': The County's 1980 Comprehens a Plan Y ranted the Ve Low Low (Residential) land use design Ation, with industrial' otential:q to these properties, wh ch at he Ume remained m unmcorporatetl County ln" 984, h County created a Limited Urban Service 'Area (LUSA) via Ordinance 84 16 Portions . dustnal corndor were located an the LUSA The_ purposeo l Y allow forhmrted ublic :water/ sewer service, o rotect the �Loxa�r Pf �' f the L SA as to of the In , X k< 2_ p t p hatches Slough a d the West Palm Beach Water Catchment Area,: y preventing septic syste' n failures . 1 d, t,d3 �vHl 1'e ivy Idrll+r� Western NorthlakkPoffl dor ' Ri'ifq}'fulk f gi'fs f. �f h. Rural Residential 0 Single Family Utilities conservation Figure 2. Source: Palm Beach County, Palm Beach Gardens and West Palm Beach, 1998. Institutional and Public Facilities (INST) Institutional and Public Facilities are eherA ly, d,esignate, There are approximately "1 32 acres designated- as institutions largely undeveloped Menorahs Gardens Cemetery an "d Cr'e-r Trahs66rtatio"ri /Utilities 'l"' V Airport DRI occupies i' y 0 majodt acreage, a'p'p'rokiriiaitibI.V,870 Land Use Atlas. q Recreation/Open Space %i The only recreation open spade future land use desighatiorfin.,the st acre City of Palm Beach Gardens municipal g6lf course. No furthi h a Ohl use is proposed for the future of this site, which extends Northlake Boulevaid for roughly a quarter mile Just west of d w, M, '44 . M_v t'q — "k 14, 'Western North1 "-I ...... 4;1� Lk a,ke Qoftldor"`:"i M., .. . .......... s zne.14z 4 7 o n 6f this , )rvAtion area. I. Conservation There is a substantial amount of land designated Conservation on theYCo an G't of Palm Beach Gardens Future`Land Use Atlas' A 1 559 6 acres co' sery o 'tra is located on the north side of Northlake Boulevard, generally north °of theF i trta ly .� designated lands. A second conservation area is located in a tnangular arcera ngg,,,,,. the south side of the Beeline Highway in the far . northwest comer of the Gardens (730 acres). Approximately 303 acres of the Acreages Unit 11 have been °purch�ed :by the �f County for environmental purposes, and although not yet designated conservation, have been coded as such since the development rights have been severed (The 86 acres of dedicated preserve within the Gardens' municipal Golf Course and 357 acres of dedicated preserve within Ibis have not been coded as Conservation.) 2. Countv Future Land Use Plan The primary aspects of the County's Plan which pertain to the study area include: 1) Directive on Growth Management; 2) Directive on Environmental Integrity; 3) Directive, on Level of Service; 4) Directive on Environmental Integrity; and 5) Objective 1.5 Protection of Rural Residential Areas. The County Plan calls for a majority of the unincorporated area to remain rural, with most of the future land use in Conservation or Rural Residential 1 unit per 10 acres (RR -10). The urban future land use designation currently consist of Industrial uses: on'the north side of Northlake Boulevard, just west of the Water Catchment Area._ There is also an Institutional future land use designation to the east of the Palm Beach Gardens Golf Course, also on the North side of North lake Boulevard. The County's planning horizon is 2015 t,t .. -.. .. 7.5914,1 ;q 's In terms of Growth Management, the Comprehensive ,Plan provides forurbd rural intensities of development Rural uses may be converted to urban denstiestntenstties; rgn the Future Land Use AtlasAmendment process The dprocess includes a evaluation of the ; f 1rti , i• 1ydt*.ri, d'dF l T .5 Y'p justification and need for the land use change, and compatibility revieW. R •. ' rjx — •`p S t p� a d �. a r �C'jr r7r ` it �: t'k k+'Sf ♦d 1 T . The County has an Urban Service i4rea Boundazry which is generally located a e 11 4' e's em perimeter of he Ibis Golf and Country Club, north of Northlake Boulevard, the`bountlary,weers west, following the city;limits of Palm Beach Gardens to Donald Ross Road: Thisounda delineates the separation between urban and rural service provisionfAreas est oi�'he: 1 ..�,... , boundary are generallyserved by on site wells and septic tanks, unless other special service; i L provisions have been approved (i.e., a package treatment plant). a. Greenways /Linked Open Space Program The County, in cooperation with local, regional, and state agencies, hasidentified a �`` network of potential wildlife and recreational corridors (Greenways/Link�edOpenSpace� Program) which_connect major public conservation areas in Palm BeachC-ountywrth; the Statewide s stem of reenwa s see Ma 8 These comds rovde forntei': y g Y (. P) P *' preservation of wildlife and native habitat, as well as allow long distance hiking through, Western Northlake Corddtdor t and Use st u J -• .='.:_ - "'..:,., x,�, if! fit I h I ( , N 1 �.a r fib: 8 ue� apuPoag M y� 1 g — c� LL "loll .2111 1 1� S'4�G�� every type of ecosystem in Palm Beach County, from pine flatwoods to Florida scrub and wet prairies. In the study area, is the Beeline Corridor, a. proposed corridor approximatelyy3,405�r acres connecting the J. W. Corbett Wildlife Management Area to'the West Palm Beac . Waterlr. 4.3 w�'tf Catchment Area. krL b. Recent amendment activity Amendment activity includes: 1) the proposed (and withdrawn) Claartje Amendment, located on the northwest comer of the intersection of Northlake Boulevard and Memorial Park Road; 2 the proposed and in process) Northlake/ Memorial Amendme ' p p ( p ) nt, located on the northeast corner of the intersection of Northlake Boulevard and Memorial Park Road; and 3) the proposed (and in process) Pratt Road Associates Amendment, located on the northeast comer of the intersection of Northlake Boulevard and Seminole Pratt Whitney Road. C. Managed Growth Study Changes to the County's plan are currently being drafted. Among the changes are proposals for "managed growth" which may provide stronger growth policies for the unincorporated area. 3. West Palm Beach Future Land Use Plan The City's of West Palm Beach extends out to the project area, includi Area, and the Ibis Golf and Country Club. The City's` planning horizon, all of its incorporated territory as an ,u rb an ". ar ea :The Ibis Golf served with potable water and sanitary sewer lines by the City's Util As the area is outside of the City's adopted annexation area, the ;City any specific future plans for the area, The City of West Palm Beach annexation, but instead responds to' applications 'concemin "pro g` adjacent to the City's Corpotate limits :The City reviews all request, to the Ci The rovision of.,utilit yeas would be most feasible anc are proposed, to determine which a ty. p se: : ices, police and fire are`ana basis. However, all development orders, permits and annexations the necessary public facilities and services needed to maintain ''the- le the Comprehensive Plan are available or will be in place when the eater [:Catchment The�`�tv'tr�atc The City's plan is in the process of being amended. The amendments 1) delineate an "urban growth boundary", generally coinciding with the eastern boundary of the Loxahatcchee Slough, ; which divides the City in to two distinct areas urban and rural, 2) establish 'dual level of t services standards for the urban vs rural area, and33) set clear;policy that areas west of the',', r: urban growth boundary are to remain -rural "for the foreseeable `future with hmited;publid J, .. services. y Portions of the study area, within the municipal limits of the City of Palm Beach Gardens and within the City's future annexation area, were included in the City's ision/ Strategle Plan; completed in November, 1996. Most of this area falls within the "rural" area identified by the . City's Vision, and as such is earmarked for Rural Residential development, until such time as 250 acres can be amalgamated. This area is also within the boundaries of the North Palm Beach County/ South Martin County Planning Forum and was included in the Forum's Vision/ Policy Statement, completed in August 1993. Properties west of the Loxahatchee Slough are envisioned as "rural" by the Planning Forum. Finally, in addition to portions of the study area being located within the City of Palm Beach Gardens' future annexation area, the subject property is also located within the future annexation area of the Village of Royal Palm Beach. 5. Summary and Contrast of Adooted Countv /City Land Use Plans Given the numerous plans which impact the study area, a summary table highlighting the different aspects of each plan is provided in Table 4. All of the local governments encourage infill and eastern oriented development and have some type of growth boundary or urban service area boundary. 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E ry �. � j 5 0' .,as O .RS .7 L >.C� ;s E. ASSOCIATED PLANS There are several additional plans which contribute to land use planning and decision making in the study area. 1. North Palm 13each.County/ South Martin County Forum The Northern Palm Beach/ Southern Martin County Planning Forum, conducted in 1993, led to policy initiatives which are reflected in the City's Comprehensive Plan. One relevant issue from the Planning Forum deals with the preservation of natural resources. The policies associated with this issue have a significant impact on the use of land located within the Northlake study area. These policies included the following: 1.) Protect the area's most important resource, water 2.) Protect the natural habitats, especially those of endangered or threatened plant and animal species. 3.) Protect the environmental functions, water retention and aquifer recharge, while providing for habitat and water quality protection. 4.) Provide recreational opportunities that do not degrade the integrity of natural systems. 5.) Maintain an economically viable area that attracts desirable industries. 6.) Enhance property values, thereby increasing the tax base. 7.) Maintain open and natural areas that define and add character to our communities. These policies are consistent with the City's Comprehensive Plan, which designates a significant amount of land within the study area for conservation or rural residential use. The policies developed and agreed to through the Planning Forum, and adopted in the City of Palm Beach Gardens Comprehensive Plan, will ensure that future land use designations will adhere to the protection of natural resources within the study area. 2. Palm Beach Gardens Vision In 1996, the City completed a visioning effort to determine future growth strategies for the City. The vision was determined through a series a meetings involving city staff, local elected officials, and the general citizenry. Through a conceptual mapping effort, the 'vision' for lands located within the Northlake Study Area were identified as Conservation, Very Low Density Residential, Golf and Commercial, associated with Rural Uses. (e.g. an equestrian center). Generally, the land uses designated in the Comprehensive Plan 2015 Future Land Use Map are consistent with land uses identified in the "Vision" document. Should interested parties petition the City Council to change any of the existing land uses within the study area, staff will look for consistency with the Vision when making recommendations for approval. (Map 9 provides an illustration of the Garden's Vision Plan.) Western Northlake Corridor Land Use Study 24 Ir 4iA*, 3. Acreage Neighborhood Plan :ter ti «; The Acreage Neighborhood Plan was officially recognized and received by thee, oard iof County Comrnissioners in 1996. It outlines in a series of recommendations.the 'commurntys+ vision for the Indian Trails Improvement District. The following'are general, directions o the � a S plan. - ra a. Land Use } - Protect the large lot, single family dwelling unit, residential. land use pattern, encourage agricultural usages. This should be accomplished by retaining the existing RR10 (Rural Residential) future land use designation and the existing AR (Agricultural Residential) zoning classification. Should commercial uses locate within The Acreage Unified Planning Area, the building style and landscaping should be compatible with the surrounding residential community: A set of design standards are articulated by the plan which support a rural character. The plan calls for the protection of the aquifer by prohibiting the permitting of petroleum facilities. b. Involvement of the Community in Land use Decisions The plan calls for the involvement of The Acreage Landowners Association and Indian Trail Improvement District in the future land use amendrrient process,1 'e } rezoning process, and any other county function that affects the character of„'The' r Acreage This includes planrnng' for schools. � d C. Code Enforcement The document contains recommendations which strike a balance between meetin the Mgr need for ,code enforcement and encouraging the tolerant atmosphere en�oyed7by residents f� 4f� s _a > x d. Open Space, Parks and Linkages ,'�`�# M Y,. The plan calls for the establishment of trails which should be designed to accommotlatle multiple uses (walking, bicycling, running) and a district park to be locate,d W" ithin or 7 immediately adjacent to the community. f. VI Thoroughfares /Roads & Drainage The plan recommends the following regarding roads: -- Construct Seminole' Pratt- Whitney Road from Northlake to Beeline Hwy. -- The County should fund & construct within 20 years, all 16661- 1 roads under county �dE jurisdiction. -- Construct State Road 7 from Okeechobee Boulevard to Northlake Boulevard in the existing right -of -way. -- The Indian Trail Water Control District should continue to fund paved roads and construct all internal roads under its jurisdiction -- The internal street network should remain a system of two -lane local streets. -- The Acreage supports park & ride facilities and bus transportation route. -- Construct pathways on one side of all paved roads existing and proposed to serve pedestrians and bicycle traffic. Recommendations call for a long range drainage plan for the area. Water, Sewer & the Canal System The document state that proposed changes in use and development`of, property which contaminate and endanger well, septic tank and canal systems should be prohibited. F. INFRASTRUCTURE/SERVICES { r This Section outlines the existing conditions in terms of mfrastructAlind services %(d also presents adopted plans for future' infrastructure /services A majorrtyoftheservices , a d infrastructure is provide-8 b one of the local govern alntlian Trails ; Improvement District has jurisdiction over some of the local roads, drainage, antl potentially4�, water and sewer provision for the area south of Northlake Boulevard . The` District has also been planning for additional parks within their jurisdiction. 1. Transcortation/Roadwav Network There is currently no mass transit systems within the study area, nor are there plans at this time to expand into the area. Therefore, the transportation focus in this area is on the roadway network. The major roadways in the study area include Northlake Boulevard, Seminole Pratt Whitney Road, the Beeline Highway, and Coconut Boulevard (See Map 10). a. Northlake Boulevard: Northlake Boulevard extends from US 1 on the east, to just beyond Seminole Pratt Whitney Road on the West. Current description: Within the project. boundaries, Northlake is a four lane road until after the Ibis Golf and Country Club, and then two lanes until the terminus just beyond Seminole Pratt Whitney Road. Classification: The roadway is considered Federal Functional ClasOication System I.OS/Traffic Counts The Level of Service or Coconut Blvd and LOS B for the segment v a Rural Major Collector according to the i the roadway is vest of Coconut Current traffic counts' on Northlake Boulevard are 16,902 Coconut Blvd. and 5,145 for the`segment west 0..Coconut BI Future Plans: Northlake Boulevard is planned 'for expansi Coconut, and four lanes to'the terminus at Seminole Pratt WI to the County's Five Year Road Program, tha :road segment bl Boulevard will be widened to four lanes' during Fiscal Yeah improvements are not yet scheduled. b. Seminole_ Pratt Whitney Road: Seminole Pratt Whitney Road_ ext Boulevard on the south, to just north of Northlake Boulevard 17 MI'll ON IMN-1 ,. , all I -ROOM I r Ar C. 74 e. LOS /Counts: The Level of Service on the roadway is currently LOS B Traffic counts on the road are 6,987.'. LY � Future Plans: Future Plans call for the road to be widened to 4 lanes "O"Ac' 0 iing-k 3to' '� the County's Five Year Road Program, the design for the widening on the road segment to the south of Northlake will be done during Fiscal Year 1999 -2000 `The'd sigri`for the widening of the road segment to the north of Northlake will be done during Fiscal Year 2000 -2001. Beeline Highway: Beeline Highway begins at Military Trail on the southeast and extends through the Martin County line on the northwest. Current DescriDt Qn; Beeline Highway is currently a four lane highway. Classification: The roadway is designated a Rural Principal Arterial on the segment to the north of PGA Blvd. according to the Federal Functional Classification System. LOS/Traffic Counts: The Level of Service on the roadway is currently LOS B. Traffic counts on the road are 14,178 north of PGA Blvd. and 9,809 south of PGA Blvd. Future Plans: Future Plans call for the road to be widened to 6 lanes. The Five Year Road Program does not include any funding for this road. Coconut Boulevard: Coconut Boulevard extends from Orange Blvd. on.the'south, to Northlake Boulevard on the north. Current Description Coconut Boulevard is currently a,two.lane road. Classification: The r.`oadway is designated a Rural Major Collector according to Functional Classification System. r Fe - LOS/'T'raffic Counts The Level of Service on the roadway is currently LOS C Traffic counts on the road are 8,554. P Future Plans: The 2015 Future Roadwa y Network Ma shows this road'as a2 lane. road. However, this map will be amended in Round 99 -1 to show this road as 4 lanes.` The County's Proposed Six Year Capital Improvements Program shows that this road will be widened on Fiscal Year 2002 -2003. SR -7 (US441) Extension: At this time there are several alignments beingconsidered for the extension of SR -7. The Florida Department of Transportation (FDOT) is currently evaluating the different alternatives. r 5 Western Northlake Corridor Land Use study 30 2. Water /Sewer Service There are two water and sewer service providers within the study area: Seacoast Utility Authority and the City of West Palm Beach Utilities Department (See Map 11). a. Seacoast Utilities All water and sewer utility service within the City of Palm Beach Gardens is provided by Seacoast Utility Authority. The City is approximately a 50% 'shareholder' within the utility consortium. The City has established an "Urban Service Boundary" policy in its Comprehensive Plan which discourages the extension of water and sewer facilities beyond the designated boundary to prevent urban development in ecologically sensitive and rural areas. This policy is in keeping with those set forth by the Northern Palm Beach County /Southem Martin County Planning Forum, the "Our Vision" Strategic Plan and the City's Comprehensive Plan. The boundary extends roughly in a north -south alignment along the eastern side of the Loxahatchee Slough. Presently, all lands within the study area are located outside of the urban service boundary and are not accessible to water and sewer utility services. The City presently would object to any development in Palm Beach Gardens desiring to connect to water and sewer utilities, provided by either Seacoast or neighboring utility companies, within the study area. b. West Palm Beach Utilities Water and sewer service is provided by the City of West Palm Beach, to the Ibis Golf and Country Club, within the project boundaries. The primary goal of the City's Engineering Department is to provide reliable service to City Residents and other local governments which receive potable water. Before the issuance of development permits or the expansion of existing lines, the City will ensure adequate service can be supplied without determent to the existing system. The assurance of adequate service is determined by the adopted level of services for: (1) minimum fire flow, (2) the maintenance of a minimum fire flow for at least eight (8) hours; the maintenance of a looped water service and the maintenance of the average water consumption rate. 3. Fire Rescue /Police a. Palm Beach County The Palm Beach County Fire Rescue Department serves the study area from Fire Rescue Station Number 26, located at the intersection of 60th Avenue and Avocado Road, and Station Number 17, located on the southeast corner of the Beeline Highway and Jog Road. In general, Station 26 serves the western portion of the study area (west of Memorial Park Road), and Station 17 serves the eastern portion of the study area (east of Memorial Park Road). Western Northlake Corridor Land Use Study 31 •I !'� 'M M9 t Iq�� 7' tr. 4v ��s� Flk�� I� RS' _ �W I ��s� I� RS' _ �W I � fl• 'v t ��s� Palm Beach County Sheriff's Department provides police protection to the study area which lies in the North County region. Due to the rural character of the area, the Sheriffs Department provides limited patrolling of the area, and utilizes a reactive approach. b. Palm Beach Gardens The Palm Beach Gardens Fire Department serves the City's incorporated area with three stations. For the purpose of fire protection and emergency medical service the city is divided into seven districts. District Seven includes all lands within the Northlake study area. Due to its western proximity and lack of population, District Seven is currently served by Palm Beach County Fire Rescue Station Number 17 and 26. This service was arranged through the Mutual Aid Interlocal Agreement. Due to the overall rural character of the study area, the Palm Beach Gardens Police Department currently utilizes a 'rural crime control strategy'. This involves limited patrolling and monitoring of the area. Generally, the department takes a reactive, rather than proactive approach, to addressing public safety concerns and crime control. C. West Palm Beach Fire /rescue service is provided by Palm Beach County's Station #26 located at Jog Road and the Beeline Highway. 4. Parks and Recreation a. Palm Beach County There are no County parks planned within the study area. b. Palm Beach Gardens The City has a specialized facility, the municipal golf course, within the study; however, no City parks are planned for the rural area. All City parks are located in the eastern part of the City. C. West Palm Beach The City of West Palm Beach has no plans for parks or recreational facilties within the study area boundaries. d. Indian Trail Improvement District An equestrian park is planned for the southeast corner of Northlake Boulevard and Hamlin Boulevard. Western Northlake Corridor Land Use Study 33 III. COMMUNITY INVOLVEMENT Public participation was pursued through two community meetings, as well as a presentation to the Acreage Landowners Association. The meetings provided an opportunity for residents and property owners to discuss their thoughts and concerns regarding the Western Northlake Corridor. A. MARCH COMMUNITY MEETINGS - ISSUES AND CONCERNS The March Meeting was held at the Loxahatchee Nature Center in West Palm Beach. Due to the interest in the study, two sessions were held. Attendance at the meetings was very good, with approximately 110 people attending (includes both sessions). Approximately 60 people attended the Acreage Landowners Association Meeting. A significant number of issues were raised by the public (See Appendix A). Many of the concerns were outside of the realm of this study. The two major concerns raised during the meeting, regarding land use and services; however, were increasing growth and urbanization, and traffic congestion. • questionnaire was also distributed to those who attended the meeting, or requested a copy. • total of 55 people submitted responses to the questionnaire. Overall, people are most concerned about maintaining their rural quality of life, and traffic congestion along Northlake. The general findings /responses to the questionnaire are listed below. Question #1. (indicate interest in the 61% People reside in the study area boundaries. area). 34% People are property owners, residing outside the area 03% People are building in the area 02% People live a block away. Question #2. Why did you move into 81% Rural environment, away from the urban setting. the study area, or why did you 06% Build a house purchase property in this area? 05% Ibis Development 04% Investment 04% Other Question #3. Population projections indicate that some growth will continue in the study area, primarily in the sourthern portion of the area. What is your opinion regarding additional growth and development? 43% Minimal Growth (primarily residential) is acceptable, as long as it is planned. 14% Traffic needs to be addressed before more growth. 14% Rural growth is acceptable, no additional urban development (com m e rcialAndustrial ) 12% No additional growth 07% Growth is acceptable 10% Other (address schools, try to slow growth down) Western Northlake Corridor Land Use Study 34 QUESTION GENERAL RESPONSE Question #4. There is 19% Limit growth and keep low densities environmentally sensitive land within 17% Depend upon current restrictions, enforce regulations the study area. How can additional 15°x6 Do not allow additional growth growth be accommodated while 06% Request additional buffering ensuring the protection of the 07% Do not allow commercial or industrial environment? 36% Other (not possible, clustering, better drainage, purchase land) Question #5. How important is 95% Top priority, very important maintaining the rural character of the 04% Very important, but would like additional commercial area? Should we develop design 01% Clustering may be better than large subdivisions guidelines? Question #6. Industrial land uses are 72% No, do not allow these uses. present within the study area. Do you 13% Limited industrial is ok, should be monitored, clean industry. support maintaining these industrial 10% Industrial is acceptable. land uses? 05% Other Question #7. If you live in the study 84% Satisfied with shopping and the distance required (a majority in area, how far do you currently travel the 10-20 minute range). Many also noted 3 additional for commercial services? Is this time commercial centers are under construction. acceptable to you? 16% Would like to see commercial services closer to home. Question #8 What do you believe 43% Growth Pressures, changing lifestyle, urban development coming are the two biggest issues facing the into the rural area. study area? 32% Traffic congestion, need more east/west roads (SR -7, Seminole Pratt to the Beeline) 15% Pressure for non - residential uses, commercial & industrial 02% Taxes, money going east 08% Other (schools, industrial, services, building /environment) Question #9. How can these 30% Maintain the rural land use designation, and make sure growth is problems be addressed? well planned 22% Increase road building, and make it more of a priority. 18% Listen to the residents in the area about, include in decision making, continue talking 07% Do not allow changes 05% Review tax structure 04% Acreage should annex 14% Other Question #10. We are interested in 43% Maintain rural character, equestrian character. your ideas for the future of the study 10% Increase parks and schools, services that keep pace with area. What are your goals or future development visions for this area? 10% Monitor growth and plan development 09% Increased accessibility (441 to Beeline, Seminole Pratt to Beeline, Widen Notthlake) 06% Keep the area as natural as possible 22% Other Western Northlake Corridor Land Use Study 35 B. MAY COMMUNITY MEETINGS - GOALS AND OBJECTIVES The May meeting was held at the Ibis Golf and Country Club. Approximately 100 people participated in the meeting. The purpose of the meeting was to go through the issues raised at the meeting in March, explain the objectives of the study, and present the preliminary recommendations. A majority of the people were supportive of the recommendations. Several concerns were rasied with respect to: development potential of unit 11; higher density development at Ibis; and the development potential of the unsubdivided strip of land between Hamlin and Northlake Boulevard. A second meeting was held at the Acreage Landowners Association Meeting at the Indian Trail Improvement District Headquarters. Approximately 45 people were in attendance and were generally supportive of the recommendations, primarily with respect to the recommendations regarding future commercial development. Western Northlake Corridor Land Use Study 36 IV. ANALYSIS AND RECOMMENDATIONS This Section analyzes the County and Municipal adopted future land uses, to determine: 1) if these land uses meet the needs of the future population; 2) whether or not the uses are appropriately allocated; and 3) whether any changes to the County and or City land use plans are warranted. A Summary of Recommendations Map is located in the Executive Summary. A. URBAN SERVICE AREA BOUNDARY A majority of the study area is within the County's Urban Service Area Boundary (USAB), the demarcation line between urban and rural land uses (See Map 7, page 16 for the County's USAB ). The USAB runs co- terminus with the Cities of Palm Beach Gardens and West Palm Beach municipal boundaries. The City of Palm Beach Gardens Urban Growth Boundary; however, extends only as far west as the eastern side of the Loxahatchee Slough. The City of West Palm Beach does not have a rural area. All land within West Palm Beach is considered urban. 1. Public Input A majority of the property owners that participated in the study process were concerned about maintaining the rural character of the area, and making a clear separation between urban and rural uses. 2. Analvsis The County's USAB, as shown on the 1989 Future Land Use Atlas (FLUA), was primarily established in this area after the City of Palm Beach Gardens (Gardens) annexed a significant amount of acreage in 1990. The County's policy was to include all municipal boundaries within the USAB since at the time few, if any, municipalities had Rural Service Areas. In general, upon annexation of property, most municipalities change the land use designation to reflect an urban land use. However, the land use in the western area of the Gardens was never changed from the County designations of RR -10 and RR -20, which predated the annexation. Therefore, the future land uses within the western area of the Gardens remain rural. The City of Palm Beach Garden's adopted growth boundary is located east of the Loxahatchee Slough. The Garden's plan calls for a majority of the study area, north of Northlake Boulevard, to remain rural through the planning horizon (2015). The City of Palm Beach Gardens has stated that they are currently not planning to serve the area west of the West Palm Beach Water Catchment Area with a full range of urban services. Given this situation, and the fact that the County does not have land use jurisdiction over the incorporated land within the Gardens, the delineation of the USAB as shown on the County's FLUA is misleading and generally unenforceable. The current boundary does not reflect the future plans for the area in terms of services or land use density /intensity. Western Northlake Corridor Land Use Study 37 There are two unincorporated parcels, currently designated Institutional and Industrial, totaling approximately 272 acres that are currently within the County's USAB. The Ibis Golf and Country Club, in the City of West Palm Beach (WPB), is also located in the USAB. The County and City of WPB have already determined that these parcels will be served with an urban level of service during the planning horizon, and as such should remain within the County's USAB. There is also a jog in the County's USAB south of Menorah Gardens Cemetery, where a 11.4 acre parcel was placed in the Rural Service Area. The land behind the cemetery is in the Urban Service Area, and services may be provided to this site. However, the future water /sewer service would have to by -pass this 11.4 acre parcel, to provide services to the north. This situation does not support the efficient delivery of urban services, and should be reconsidered. The North County Airport is surrounded by the City of Palm Beach Gardens , but was not annexed into the City. It is currently within the County's Rural Service Area. The airport has its own on -site water /sewer package treatment facility. Future plans at the airport could include non - residential uses, such as light industrial development, which if approved may warrant additional services such as public water and sewer. The County has a Limited Urban Service Area (LUSA) designation which currently only pertains to the Pratt- Whitney facility. The LUSA recognizes the need for large non - residential uses to have limited services to serve the uses on site. Specifically, the County definition states that Limited Urban Service Areas are, " Existing non - residential areas which do not receive the full compliment of urban services. Typically, LUSAs receive only urban levels of service for sanitary sewer and potable water." The Board of County Commissioners (BCC) is considering the designation of additional LUSA's as part of amendment round 98 -2. If the BCC supports this concept, the LUSA may be an appropriate future designation for the North County Airport. 3. $ummary /Conclusion The USAB on the County's FLUA contributes to the lack of a clear delineation between urban and rural uses within the area, and does not accurately reflect the adopted future land uses within the area, and the provision of services. The City of Palm Beach Gardens has indicated that any development in the study area (and in the City boundaries) would not receive the same level of service as in the urban area to the east. In addition, the concept of the County's Limited Service Areas should be considered for the North County Airport in the future. 4. Recommendations Create a better delineation between urban and rural uses, and discourage the premature conversion of rural land to urban uses, by implementing the following . The USAB which encompasses the the City of Palm Beach Gardens, as delineated on the County's FLUA, should be amended to reflect the Urban Growth Boundary as adopted within the City of Palm Beach Gardens Comprehensive Plan. (PB County) Western Northlake Corridor Land Use Study 38 The County's USAB, and an urban land use designation for those properties that currently have an urban designation, should be maintained in the unincorporated area and within the City of West Palm Beach. (PB County) The County's USAB should be amended to parallel Northlake Boulevard, and take in the 11.4 acre parcel located just south of the Menorah Gardens (Claartje Property). (PB County) The City of Palm Beach Gardens should amend its FLUA to reflect the MacArthur property, currently 85 acres of industrial land, as a Limited Urban Service Area.' In addition, if the Gardens annexes land currently within the unincorporated USAB, the City should amend its FLUA to designate these properties as a Limited Service Area. (City of PBG) if additional non - residential uses are approved at the North County Airport, and the airport has an urban level of public water and sewer, and capacity to provide additional service on site, the County should consider amending its FLUA to include the North County Airport as a Limited Urban Service Area. (PB County) B. INDUSTRIAL Industrial future land uses are located on the north side of Northlake Boulevard, just west of the West Palm Beach Water Catchment Area. There are a total of 227 acres of land currently designated industrial on either the County or City of Palm Beach Gardens FLUA. These parcels were originally part of a larger tract of land, collectively known as the Northlake Industrial Corridor, a majority of which is environmentally sensitive land that has since been purchased by the County (See Page 17, for industrial background information). 1. Public Input A majority of the property owners who participated in the study process indicated a preference for residential in the area as opposed to industrial because of the character of the area. 2. Analysis Supply /Demand Analysis: Industrial uses are a component of a good land use mix, as they allow for employment opportunities and economic development. Since the study area boundaries are, rather limited, a general supply and demand analysis for industrial land was completed using a slightly larger trade area to determine if there was sufficient industrial acreage. The trade area is shown on Map 12 in Appendix B. The Gardens definition for a limited service area acknowledges a different level of service than in the urban area for such services as police, fire rescue, and parks. Western Northlake Corridor Land Use Study 39 There is very little built, and approved but unbuilt, industrial in the trade area. Only approximately 6% of the potential industrial land has been either approved or built to date. Roughly 463 acres of vacant uncommitted industrial acreage exists in the trade area, which could be developed as industrial. The first step in determining the need for industrial acreage in the trade area involved comparing the vacant, uncommitted industrial acreage in the trade area to the built industrial acreage in Boynton Beach and Delray Beach. These communities were chosen because their populations are approximately 50,000 each which roughly corresponds to the projected population of the corridor area by the year 2015. It is assumed that the existing, built industrial in these areas are meeting the needs of the residents. Therefore, a standard can be developed which can be used for comparison with the western Northlake trade area. Boynton Beach and Delray Beach have approximately 2,785,595 square feet and 2,310,373 square feet, respectively of built industrial. This corresponds to approximately 55.71 square feet per person, and 46.21 square feet per person respectively, and averages at 50.96 square feet per person. As stated earlier, there is approximately 463 acres of vacant, uncommitted industrial land in the trade area. Development potential of the vacant industrial land depends on the Floor Area Ratio (FAR). If all of the vacant, uncommitted industrial in the corridor is developed at a .30 FAR (the typical industrial FAR) approximately 121 square feet per person would result. If the vacant, uncommitted industrial is developed at .45 FAR, the maximum FAR permitted, approximately 181 square feet per person would result. Given that the industrial land per person, when developed either at .30 FAR or .45 FAR, exceeds the square footage per person in the comparison communities, an excess of industrial land appears to exist (approximately 200 - 300 acres of excess supply in the area by 2015). In addition, the fact that the land currently designated for industrial has not been developed may indicate that there is no pressing need for additional industrial uses at this time in this place. Other actors may influence the need for industrial: location, timing, drainage, etc. Locational Assessment/Compatibility: In addition to the supply /demand of industrial land, the location of these land uses must also be considered. The two remaining undeveloped industrial parcels in the study area (Campbell Property and MacArthur Property, See Figure 3) are not well located in terms of access and proximity to other industrial uses, and are generally out of character with the surrounding area. The South Florida Water Management District (SFWMD) indicated that, from a water quality standpoint, a residential land use may be more appropriate on these sites, than industrial. Additional review, based on the supply /demand analysis, indicates that there is an excess supply of industrial land designated on the County and City of Palm Beach Gardens FLUA; and removing these sites (227 acres) would not result in a shortage of Western Northlake Corridor Land Use Study 40 Figure 3 PALM BEACH GARDENS to y C N -o 62 RR -10 a c6 NORTHLAKE BLVD Cambell INST IND MacArthur IND 0 industrial acreage or employment opportunities in the area, since other industrial sites are available for development in the general vicinity. Given that the supply /demand assessment identified a surplus of industrial land, in excess of the year 2015, and based on the fact that these lands may not be suitable for industrial development from a locational standpoint, a redesignation of land use appears appropriate. 3. $ummarv/Conclusions There is currently an abundance of industrial land within the trade area, and given the location of the two Industrial sites in the study area, access issues, character of the area, and public comment, another urban land use on the Campbell property and the MacArthur property appears to be warranted. Furthermore, if additional industrial land is demonstrated to be needed in the future, the North County Airport, should be investigated for such use. 4. Recommendations In order to provide for a balanced land use pattern, and ensure compatible land uses, the industrial land use designations on the County and City of Palm Beach Gardens FLUA's should be amended. If petitioned, amend the County Industrial designation on the north side of Northlake Boulevard to a low density urban land use. If petitioned, the City of Palm Beach Gardens should amend the MacArthur property to a low density urban land use. (PB County, City of PB Gardens) If a need for additional industrial land is identified in the future, investigate the potential for future industrial uses at the North County Airport Facility. (PB County) Western Northlake Corridor Land Use Study 41 Bay Hill Estates Rustic Lakes IBIS Golf &Country Club The Acreage 0 industrial acreage or employment opportunities in the area, since other industrial sites are available for development in the general vicinity. Given that the supply /demand assessment identified a surplus of industrial land, in excess of the year 2015, and based on the fact that these lands may not be suitable for industrial development from a locational standpoint, a redesignation of land use appears appropriate. 3. $ummarv/Conclusions There is currently an abundance of industrial land within the trade area, and given the location of the two Industrial sites in the study area, access issues, character of the area, and public comment, another urban land use on the Campbell property and the MacArthur property appears to be warranted. Furthermore, if additional industrial land is demonstrated to be needed in the future, the North County Airport, should be investigated for such use. 4. Recommendations In order to provide for a balanced land use pattern, and ensure compatible land uses, the industrial land use designations on the County and City of Palm Beach Gardens FLUA's should be amended. If petitioned, amend the County Industrial designation on the north side of Northlake Boulevard to a low density urban land use. If petitioned, the City of Palm Beach Gardens should amend the MacArthur property to a low density urban land use. (PB County, City of PB Gardens) If a need for additional industrial land is identified in the future, investigate the potential for future industrial uses at the North County Airport Facility. (PB County) Western Northlake Corridor Land Use Study 41 C. RESIDENTIAL The Ibis Golf and Country Club, within the City of West Palm Beach, has the only urban residential FLUA designation within the study area boundaries, "Single Family Residential." The remaining residential areas all have County or City of Palm Beach Garden's FLUA designations of RR -10 or RR -20. 1. Public Input A majority of the property owners who participated in the process recognized that growth was going to continue in the study area, and that additional urban residential growth was acceptable as long as it was well planned and compatible with the surrounding area. 2. Analysis Supply /Demand Analysis: The County and Cities Future Land Use Atlas' (for all of Palm Beach County), including previous approvals, designate enough residential land to accommodate the anticipated 2015 future population of 1,361,100 (Population estimates provided by the Bureau of Economic and Business Research). Therefore, at this time, there is not a need to amend the County's Urban Service Area Boundary or Gardens' Growth Boundary, in order to provide additional urban residential land to meet the housing needs of the future population. When examining the more localized study area and trade area, given current absorption rates and based upon the number of approved residential units, a majority of the housing units, 94 %, will be absorbed by approximately the year 2015 (See Appendix C). Thus, there may be a slight demand for additional housing within the planning horizon. It is important to note, however, that this demand may also be accommodated by increasing densities in the eastern area of the County or the Cities, where urban services are already available. The County and City plans call for encouraging infill development and redevelopment. The distribution of housing units to meet the needs of the population can be accommodated in many different ways, and is thus a policy issue. Locational Assessment/Compatibility: Vrban Residential, While there is not a pressing need at this time to increase residential densities to accommodate the future population, a need has been identified to change the FLUA designation for the industrially designated lands (Campbell and MacArthur properties). A residential designation appears to be the most appropriate use for these sites from a compatibility standpoint, and given the 94% absorption rate in the study area, the additional 227 residential units will not result in an over allocation of residential land throughout the planning horizon. Furthermore, because these sites are already in the County's Urban Service Area Boundary, an urban density is appropriate, and is not an example of the premature conversion of "rural" land to urban uses. Western Northlake Corridor Land Use Study 42 However, industrial development, which is currently located on the sites, has a different demand on services than residential. Palm Beach County fire rescue service, for instance, indicated that in fiscal year 96 -97, the assigned station had an average response time, for Station #26, of eight (8) minutes and thirty-four (34) seconds; and for Station #17, nine (9) minutes and twenty -two (22) seconds, which may be of concern for the elderly and other special needs groups which may want to locate in the area. Parks and other amenities are currently not planned in the study area. Traffic impacts will be reduced if the properties are amended from Industrial to Residential (residential land use at 1 unit per acre is a lower trip generator than industrial), which is beneficial given the traffic congestion which already exists on the Northlake Boulevard. The significant amount of environmentally sensitive lands within the area, and County owned Conservation lands, must also be taken into consideration with respect to residential development and the density. Residential development brings additional people, exotic landscaping and pets which are not always compatible with conservation efforts; and the management of Conservation lands often requires activities such as prescriptive bums, which may also, on occasion, be viewed as an incompatible neighbor for residential development. Therefore, only the lowest urban residential designation should be approved in this area, which is also consistent with the general character of the area. Clustering will likely be required toward Northlake Boulevard, given the extent of wetlands in the northern portion of each property. Finally, the Gardens Visioning Plan calls for the amalgamation of 250 acres of residential land in this area. The conversion of the MacArthur property and the Campbell property to residential will, combined, meet this acreage threshold. The adjacent Institutional parcel, which is approximately 130 acres in size, should also be considered for a low density residential designation consistent with the adjoining properties (see Institutional discussion, page 50). Rural Residential, Although a majority of the area maintains a RR -10 FLUA designation, there are several subdivisions (see page 12) which pre -date the plan and are building out at densities ranging from 1 unit per 10 acres, to approximately 1.25 units per acre. Therefore, while RR -10 is shown on the map, a higher density and population are anticipated in the study area. All of the current subdivisions are located on the south side of Northlake Boulevard. There is a tract of land on the south side of Northlake Boulevard, between Northlake and Hamlin Boulevard, however, that is still un- subdivided (See Figure 4). This tract is also outside of the Indian Trail Improvement District boundaries. The tract is long and narrow (approximately 600 feet of depth). A majority of the land adjacent to this tract is at a higher density, generally 1 unit per 1.25 acres. If the tract were subdivided with access on to Northlake Boulevard, it would create numerous curb cuts. From a safety standpoint, access would be much safer on to Hamlin Boulevard. According to Indian Trails Improvement District, access could be obtained for a yearly fee. Permitting this tract of land to subdivide at a higher density, consistent with the County's Managed Growth Study, may be more appropriate if access can be shifted to Hamlin Boulevard. Incorporation into the Indian Trail Improvement District would also assist in the future development of this tract. Western Northlake Corridor Land Use Study 43 Figure 4 PALM BEACH GARDENS The Acreage i NORTHLAKE BLVD HAMLIN BLVD to Indian Trail Improvement District The Acreage a� 72 3 0U RR -1 0 m'5 Bay Hill Rustic Estates Lakes Unit 11 of the Acreage is within the study area boundaries. This area has not yet been opened for development, since there is not a SFWMD approved drainage plan for the area. The City of Palm Beach Gardens Visioning Plan calls for a rural residential or equestrian PUD on the Vavrus Property, as a long term goal. The Indian Trail Improvement District is in the process of developing an equestrian park at the intersection of Hamlin Boulevard and Seminole Pratt Whitney Road. Given the large lot residential development pattern, significant amount of environmentally sensitive lands, and the interest in equestrian types of uses in the area, this type of development appears to be appropriate in the future; however, there are currently few incentives to development in this manner. 3. Summary /Conclusions Urban Residential: There is no need to adjust the County's USAB or the City of Palm Beach Gardens Growth Boundary at this time to add additional urban land to meet the needs of the future population. .Although most units in the more localized area will be absorbed by around 2015, additional housing demand can be accommodated by increasing density further east, on lands already designated as residential. However, it has also been determined that the industrial designations within the study area are not well located. Therefore, a change from industrial to residential on the Campbell and MacArthur properties does appear to be warranted, but only to the lowest urban residential designation, given the amount of environmentally sensitive lands within the area. Any residential land should be designed in such a way as to enhance and respect any adjacent rural and conservation uses. Western Northlake Corridor Land Use Study 44 Rural Residential: The data and analysis do not support the conversion of rural residential land to an urban density within the Planning Horizon;. therefore, most of the rural land should continue to develop consistent with the Cities and County Comprehensive Plans. The tract of land between Hamlin and Northlake Boulevard, which is currently unsubdivided, should receive a higher rural density if access to Hamlin can be obtained. The equestrian planned development concept should be encouraged as a long term goal on the Vavrus property, and additional incentives should be created. 4. Recommendations Protect the character of the area, meet the needs of the future population and discourage urban sprawl, by implementing the following recommendations. Upon request from the property owner, the County should amend the FLUA designation from Industrial to Low Residential, 1 unit per acre (Campbell property). Upon request from the property owner, the City of Palm Beach Gardens should amend the MacArthur property's FLUA from Industrial to Residential Very Low (1 unit per acre). Only the lowest urban residential designation should be considered, given the low density character of the area and the significant number of environmentally sensitive lands. (PB County, City of PB Gardens) * Upon request from the property owner, amend the Institutional land use, north of the Menorah Gardens site, to Low Residential, 1 unit per acre (LR -1). (PB County) * In order to ensure a consistent character in the area, design guidelines should be developed for the residential areas, to be adopted by November 1998, including guidelines for set - backs, buffering and landscaping. (PB County, City of PB Gardens, City of WPB) * Require any environmental preserves or set asides to be located adjacenfto existing conservation areas. (PB County, PB Gardens, City of WPB) * If access can be provided on to Hamlin Boulevard, approve the subdivision of the land located between Hamlin Boulevard and Northlake Boulevard, which is outside of the Indian Trail Improvement District, as 1 unit per 2.5 acres (or as consistent with the findings of the Managed Growth Study). (PB County) The potential of adding this land to the Indian Trail Improvement District should also be investigated. The rural lands-within the study area, should retain the RR -10 or RR -20 land use designations, consistent with current County /City land use plans. (PB County, City of PB Gardens) Western Northlake Corridor Land Use Study 45 * Equestrian uses within the study area should be encouraged, and a future equestrian development on the land known as the Vavrus Property should be supported. (City of PB Gardens) A rural cluster development pattern should be investigated associated with the equestrian development which would provide a density bonus for significant open space. (PB County, City of PB Gardens) D. COMMERCIAL Although there are no commercial uses currently within the study area, three new shopping centers have been approved to serve the population: 1) Ibis Golf and Country Club (located inside the study area boundaries) is approved for approximately 79,420 sq.ft., and is under development; 2) the Pratt- Orange Commercial site is approved for approximately 110,000 sq.ft.; and 3) Callery-Judge Groves site is approved for approximately 89,557 sq.ft., and is under development. There are also commercial shopping centers within PGA National, which is located to the east of the study area. 1. Public Input One of the primary concerns identified by residents within the area was over commercialization and strip commercial development along Northlake Boulevard. A majority of the property owners who participated in the study process stated that they either did their shopping on their way to or from work, and were satisfied with their current travel time for shopping (generally less than 10 minutes), and stated that the three new shopping centers should more than meet their needs. Another related concern was traffic congestion on Northlake Boulevard. Although Northlake is planned to be expanded to 6 lanes to the east of Coconut Boulevard, and 4 lanes to the west, this is the only major east/west roadway connecting a majority of the population in the northern portion of the Acreage, to the more urbanized area. Because of the lack of east/west alternatives in the area, it is important that traffic flow on Northlake Boulevard be maintained. 2. Analvsis Supply /Demand Analysis: As residential development continues in the western area, it is important to also consider services to meet the needs of the existing and future population. Both community commercial and neighborhood commercial uses were addressed. For neighborhood type commercial uses, a 3 mile radius and a 5 mile radius were used, as well as a trade area (See Map 12, Appendix B for the trade area boundaries, and Appendix D for complete analysis). Neighborhood Commercial: This analysis focused on neighborhood retail commercial and office. Neighborhood commercial retail and office were chosen to highlight the need for commercial space generated by the local population currently living in the surrounding area, and the population projected to be living in the surrounding area through the year Western Northlake Corridor Land Use Study 46 2015. The purpose of neighborhood commercial is to provide for the day to day needs of the population in the surrounding area. Square foot demand estimates for neighborhood retail commercial were compared with the square foot supply estimates of neighborhood retail commercial for the 3 and 5 mile radius, and the trade area, at .20 FAR (the average) and .35 FAR (the maximum). The results of the analysis indicate that: 3 Mile Radius (please note that there is no vacant commercial in the 3 mile radius, therefore there is no differentiation between .20 FAR, and .35 FAR): * demand for neighborhood retail commercial is projected to be 27,223 square feet greater than existing and approved unbuilt supply by the year 2010. * demand for neighborhood retail commercial is projected to be 73,082 square feet greater than existing and approved unbuilt supply by the year 2015. 5 Mile Radius: The supply of existing, approved unbuilt, and vacant uncommitted commercial land, if developed at .20 FAR, is 732,880 square feet greater than projected neighborhood retail commercial demand in the year 2015. If the vacant uncommitted land is developed at .35 FAR, then the potential supply of existing, approved unbuilt, and vacant land is 1,476,058 square feet greater than neighborhood retail commercial demand in the year 2015. Trade Area: * If the vacant uncommitted land is developed at .20 FAR, the supply is 847,5569 square feet greater than neighborhood retail commercial demand in the year 2015. * If the vacant uncommitted land is developed at .35 FAR, then the supply is projected to be 1,590,738 square feet greater than neighborhood retail commercial demand in the year 2015. Office; The office needs analysis included general office plus health service, finance, insurance, real estate, and local government type uses. In comparing the office demand and supply, the results indicate: 3 Mile Radius: * The demand for office, using the 150 square foot per employee multiplier, is approximately 5,413 square feet greater than current approved unbuilt. * The demand for office, using the 200 square foot per employee multiplier, is approximately 14,659 square feet greater than current approved / unbuilt. * The demand for office will be 25,662 square feet greater than supply, using the 150 square foot per office employee multiplier, or 53,830 square feet using the 200 employee multiplier by the year 2015. Western Northlake Corridor Land Use Study 47 5 Mile Radius: Using the 150 square foot multiplier and .20 FAR, the possible excess supply of office is 821,969 square feet in 1998 and 769,108 square feet in 2015. A large amount of potential excess supply, 1,472,171 square feet, still remains in 2015 using the 200 square foot multiplier and .35 FAR. Trade Area: Using the 150 square foot multiplier and .20 FAR, the possible excess supply of office is 933,393 square feet in 1998, and 864,298 square feet in 2015. A large amount of potential supply, 1,560,852 square feet, still remains in 2015 using the 200 square foot multiplier and .35 FAR. Community Commercial: As a reference, a draft community commercial analysis was also completed (please note the community commercial review was based on population and labor market information which have subsequently been updated.) Community commercial included not only neighborhood needs, but also larger community and regional needs. Even when looking at a larger variety of uses, within the larger trade area, it is evident that additional community commercial development would not be necessary until after the year 2012. According to the findings, there may be a need for approximately 300,000 additional square feet of commercial in the corridor area by the year 2015, if the uncommitted vacant commercially designated land is built at the maximum allowed FAR. There may be a need for approximately 800,000 additional square feet of commercial in the corridor area by the year 2015, if the uncommitted vacant commercially designated land is built at .25 FAR, which is less than the maximum allowed. Locational Assessment/Compatibility: In addition to considering the need, it is also important to consider the location and type of commercial that is appropriate for the study area. A majority of the Western Northlake Corridor is designated as rural, with only minimal urban growth planned through the year 2015. In addition, the number of environmentally sensitive lands within the area also encourages a rural pattern of development, in keeping with current plans. Therefore, any large community commercial centers proposed to meet the needs of the future population, should only be permitted in the more urbanized area, east of the Loxahatchee Slough, consistent with where a majority of the population will reside. Community commercial centers should not be located on the edge of the urban area. Neighborhood type commercial services; however, should be considered within the study area to support the daily needs of the local population. To keep a clear distinction between urban and rural land uses, neighborhood commercial uses should locate where urban services are planned, so that the site can be properly served with public water and sewer. Since there is no projected need for more neighborhood commercial until after 2010, timing and phasing should be required to avoid the premature conversion of rural land to urban uses. New neighborhood commercial development should not be considered for approval Western Northlake Corridor Land Use Study 48 until the year 2005, providing a five year period for the approval process, and development of the site, to meet the need by the year 2010. Thereafter, commercial need within the Northlake Corridor should be evaluated on a five year basis. 3. Summary /Conclusions The study area is predominantly rural, and therefore, only neighborhood commercial uses should be permitted. There is sufficient neighborhood commercial acreage to meet the needs of the current and projected population through approximately the year 2010, with three centers under construction to meet current and future need. A slight demand currently exists for office in the area, approximately 5,000 sq.ft. Beyond the year 2010, a need arises for some neighborhood commercial uses, about 27,000 sq.ft., and by 2015, demand for neighborhood uses is projected to be 73,000 sq.ft. greater than existing and approved unbuilt supply. Neighborhood type commercial uses, therefore, should be planned, with timing and phasing, to meet the local needs of the future population. Neighborhood uses should only be permitted in the urban service area in nodes or centers that meet approved location criteria. Community or regional commercial services should be restricted to more urbanized areas east of the Loxahatchee Slough - and not permitted in the study area. Strip commercial development should be prohibited along Northlake boulevard, in order to maintain traffic flow and the rural character of the area. Any future commercial uses should locate in nodes or centers within the USAB. 4. Recommendations * Permit only neighborhood commercial uses in the study area. By November 1998, a list of neighborhood commercial uses should be developed which are acceptable to the three local governments. (PB County, City of PB Gardens, City of WPB) * Require new commercial uses to locate in the Urban Service Area (or Gardens LUSA), to ensure the separation between rural and urban uses, and ensure that the commercial uses are served by potable water and sanitary sewer systems. (PB County, City of PB Gardens, City of WPB) * Adopt timing and phasing requirements for new commercial development within the study area boundaries. No new commercial uses shall be considered at this time. Consider commercial designations at the following five year intervals: 2005, 2010, 2015. (PB County, City of PB Gardens, City of WPB) * Limit any commercial development within the USAB, after the year 2005, to 85,000 square feet (cumulative). (PB County, City of PB Gardens, City of WPB) Western Northlake Corridor Land Use Study 49 Require commercial land use requests to be located in nodes. Strip commercial development will be prohibited. At a minimum, frontage on Northlake Boulevard shall be limited to 100 feet. A commercial development shall be required to be at least three times as deep as it is wide, as measured by the Northlake frontage. (PB County, City of PB Gardens, City of WPB) By November 1998, develop design guidelines for any non - residential development which locates in the study area. (PB County, City of PB Gardens, City of WPB) Utilize the Acreage Neighborhood Plan commercial criteria as a guide for buffering. (PB County, City of PB Gardens, City of WPB) E. INSTITUTIONAL/PUBLIC FACILITIES The only institutional land use in the study area is the Menorah Gardens Cemetery. 1. Public Input No concerns were identified during the study process regarding institutional uses. 2. Analysis The institutional future land use designation within the study area was placed on the map to reflect an existing approval. Although, the Menorah Gardens Cemetery was apparently envisioned to expand, significant expansion appears unlikely given the amount of time that has passed with no additional acreage added to the Cemetery. In addition, another urban land use category may be more appropriate in this area, especially in consideration of the change recommended from Industrial to Low Residential for the adjoining Campbell property (See residential discussion). This Institutional parcel also has environmentally sensitive lands on site, and is adjacent to County owned conservation land. Therefore, if a change in land use is considered, only the lowest density residential category should be considered. The County and both Cities allow for flexibility in locating most types institutional uses. Institutional uses should be generally encouraged within the area, however, traffic flow on Northlake Boulevard remains a concern. Institutional uses may also be appropriate transitional uses along Northlake Boulevard where the road is planned for six lanes. 3. $ummary/Conclusions Institutional uses are encouraged in the study area boundaries to meet the needs of the population. However, when possible, institutional uses should be encouraged to co- locate and share access. Parcels along Northlake Boulevard, where expansion of the roadway will eventually be six lanes, may be appropriate for institutional development. Western Northlake Corridor Land Use Study s0 4. Recommendations: If petitioned by a property owner, the County should amend the FLUA designation for the Institutional uses surrounding the cemetery to a low density residential designation (LR -1 only). (PB County) Encourage institutional uses to co- locate, along Northlake east of Coconut. (PB County, City of PB Gardens, City of WPB) F. TRANSPORTATION /ROADWAY NETWORK 1. Public Input A major concern identified by the residents in the area is traffic congestion on Northlake Boulevard, primarily east of Coconut. Property owners also mentioned that they were concerned about maintaining the rural character of the area. 2. Analysis Northlake Boulevard is the only east /west roadway serving the surrounding area. Current LOS on Northlake, east of Coconut Boulevard is F. Although improvements to the roadway network are planned, population growth is also going to continue in the area. Therefore, maintaining traffic flow should be a priority for western Northlake Boulevard. This roadway still has the opportunity to function appropriately, and without being lined with curb cuts and strip commercial development. Another concern is maintaining the character and appearance of the area. "No single factor contributes more to the appearance or image of an area than the street scape along the gateways that pass through and help define those areas. A street scape with visual continuity and a sense of order gives the impression of strength and stability.i8 In order to improve the image, and create a transition between the urban and rural area, landscaping and design should be incorporated into future plans for Northlake Boulevard: In the urban area, and west to Coconut Boulevard, landscape medians should be used to "break up" the roadway pavement, which is ultimately planned for six lanes. To maintain traffic flow, and the rural character, the County should consider a "Rural Parkway" concept, to the west of Coconut Boulevard, where future plans call for 4 laning of Northlake Boulevard. This concept would include additional open space (potentially 50 feet on each side of the road, in addition to the R -O -W) , in order to maintain the rural character of the area, and limit access on to Northlake Boulevard, to maintain traffic flow. This would require that the County purchase the $Billy Graham Parkway/Tyvola Road Extension, Special Project Plan, Charlotte City Council and Mecklenburg Board of County Commissioners, May 1985. Western Northlake Corridor Land Use Study 51 buffers and potential access on to Northlake Boulevard. Although the initial cost may be higher, there may be a significant savings over .time, if this portion of Northlake Boulevard can be maintained at 4 lanes, and not have to expand to 6 lanes consistent with plans for Northlake east of Coconut Boulevard. In addition, to the appearance of the roadway, the question was also raised as to whether or not six lanes would still be required east of Coconut Boulevard, (given the decrease in intensity on the currently designated industrial parcels, and purchase of conservation lands in the area). However, additional data would need to be complied and analyzed in order to answer this question. 3. $ummary /Conclusions In conclusion, maintaining traffic flow on Northlake Boulevard should be a priority, given that this is the only east/west access for the northern portion of the acreage. Strip commercial development should be prohibited. Additional design guidelines and standards along this stretch of Northlake Boulevard should also be adopted which will not only help define the urban and rural character of the area, but also cut down on curb cuts and maintain traffic flow. 4. Recommendations * Reexamine Northlake Boulevard to determine whether the planned expansion to six lanes in the study area is warranted. (PB County) * Investigate the use of a landscaped median, for the portion of Northlake Boulevard which is currently planned for six lanes. Landscaping should include a variety of landscape materials which are indigenous to the area. (PB County, City of PB Gardens, City of WPB) * Investigate a "Rural Parkway" concept for Northlake Boulevard, which would extend from Coconut Boulevard, west to Seminole Pratt - Whitney, to preserve the rural character of the area, and where feasible, reduce the potential for curb cuts along Northlake. (PB County) * Encourage street scape improvements along Northlake Boulevard, including tree planting, sidewalks and bikeways. (PB County, City of PB Gardens, City of WPB) G. INTERGOVERNMENTAL COORDINATION 1. Public Inout The issue of annexation was raised by several property owners, primarily how might annexation in the area occur. Property owners also requested that the local governments in the area continue to keep them involved in the land use planning process, and have continuing dialogue. Western Northlake Corridor Land Use Study 52 2. ,Analysis There are three local governments in the study area: unincorporated Palm Beach County, City of Palm Beach Gardens, and the City of West Palm Beach. Each local government has an interest in the future of the study area, and each has its own review process, plan, and set of development standards. Therefore, land use coordination can be difficult. The future of this area should not be developed on an incremental basis with each local government making an independent decision, but rather coordinated so that a consistent approach is undertaken. The main focus of this study is on coordination of land use, and not annexation. This study does not address which local government should annex which parcels or tracts of land, but rather attempts to reach consensus on the future of the area, so that regardless of annexation, the recommended land use pattern will be implemented. 3. Summary/Conclusion Improved intergovernmental coordination is one of the objectives of this study, and coordination of land use should continue even after the study process is over. This could be accomplished by each of the local governments: 1) entering into an interlocal agreement to carry out the recommendations of the study; 2) continuing to have a input on any proposed project that locate in the area; and 3) requiring at least dual approval for any land use change that is not recommended by this study. 4. Recommendations Improve intergovernmental coordination by implementing the following recommendations. * By November 1998, adopt a tri -party interlocal agreement between the County, City of Palm Beach Gardens and City of West Palm Beach, to carry out the recommendations of this report. (PB County, City of PB Gardens, City of WPB) Set up a staff review committee, comprised of staff from the three local governments, to review any projects which locate in the study area, to ensure that the design guidelines established are carried out. (PB County, City of PB Gardens, City of WPB) * Require dual approval of any land use change which is not consistent with the findings of the Western Northlake Corridor Land Use Study. (1313 County, City of P Gardens, City of WPB) June 11, 1998 J:\PLANOLDWLAKE LLIIREPORTIFINALRPT.809 Western Northlake Corridor Land Use Study 53 V. APPENDICES APPENDIX A PUBLIC MEETING ISSUE SUMMARY .................. 55 APPENDIX B MAP 12, STUDY AREA/TRADE AREA ..................58 APPENDIX C DWELLING UNIT ESTIMATES /PROJECTIONS FOR MARKET AREA ....... .............................59 APPENDIX D MARKET NEEDS ANALYSIS ..........................60 Western Northlake Corridor Land Use Study 54 APPENDIX A PUBLIC MEETING ISSUE SUMMARY ................ Traffic/ Roadways Roadway Widenings: The study is incorporating existing plans. Northlake Will Northlake Blvd. and Boulevard (six lanes) to Coconut is in the County's Five Year Seminole Pratt Whitney Rd. Plan. Northlake beyond Coconut (four lanes) and Seminole be widened/ extended? Pratt Whitney are in the County's 2015 Plan, but are not When will this occur? programmed at this time. Can this occur sooner? Can we prevent Seminole Pratt Whitney from connecting to the Beeline? Truck traffic on Northlake No Contact the Sheriff's Department, 776 -2000, if the trucks are speeding. Increased traffic The study is trying to prevent further degradation of traffic flow. For example, the study is looking at limiting access onto Northlake Boulevard in order to maintain traffic flow. Contact Traffic Engineering, 684 -4030, for more information. The need for an east/west No, the study is not Roads are planned based road - we need more contemplating additional upon the predicted number of east/west and north /south roads. daily trips. Contact Traffic roads Engineering, 684 -4030, for more information. However, the study is contemplating maintaining good traffic flow on Northlake. US 441/ State Road 7 No This issue is being Alignment Study / considered by the Florida Construction: Department of Transportation Consider the impacts on the (FDOT) through their ESLs and residences planning process. Contact FDOT, 954 - 777 -4601, for updates. Funding for road widening No Roadway improvement dollars are allocated annually by the BCC. Contact Traffic Engineering, 684 -4030, for more information. Western Northlake Corridor Land Use Study 55 Impact of widening the The recommendations will consider the impact of roadway roadways, ie Seminole Pratt improvements on proposed uses. Some of the design (noise, etc) features being considered are specifically intended to address the impacts of the improvement on adjacent properties. Infrastructure Services (ie concurrency Continue to allow for the provision of urban levels of services services) within the Urban Service Area and allow only rural levels of services within the Rural Service Area. Water and sewer extensions Properties within the Urban Service Area should receive urban levels of service while properties outside the Urban Service Area (ie the Acreage) should not receive urban levels of service. This recommendation addresses the objective of better defining the difference between Urban and Rural uses. Increased population and Separation of urban and rural uses and densities is being impacts/ need for services (ie maintained. fire rescue, police) Protection of household The study is proposing to maintain lot sizes which area water wells from conducive to the use of wells and septic tanks. For additional contamination especially from information on water wells and septic tanks contact the septic tanks County Health Department, 355 -3070. Land Use/ Urban Development Vavrus - building out Based upon the collected data and analysis, no change proposed at this time. Unit 11 Development: No change proposed at this time. A drainage plan, approved Will Palm Beach Gardens by South Florida Water Management District (SFWMD), is annex? required prior to development. The SFWMD has advised us The market value is higher they have not approved a drainage plan for Unit 11. Contact than the offered prices. Indian Trails Improvement District for more information, 793 - ERM's willing seller program 0874. For more information on ERM's program, contact ERM, 233 -2400. Land uses adjacent to Ibis Considered and evaluated. North County Airport: No change is proposed at this time. Staff is verifying water Are there any plans to and sewer service and the approved industrial uses at the expand the airport? airport. Contact Airports Department, 626 -9771, for updates. Conservation purchases and j Continued protection of resources proposed. greenways What is the status of the No Previously approved project, Shoppes at Ibis under construction at this time. Contact the City of West Palm Beach, 659 -8031, for more information. Western Northlake Corridor Land Use Study 56 Western Northlake Corridor Land Use Study 57 Industrial uses - are they This is not a good location for Industrial. Staff is evaluating appropriate? Are they alternatives. compatible? Land Use/ Urban Development (continued) Annexation of Rustic Lakes No Contact the City of West and Bay Hill Estates Palm Beach for information Does West Palm Beach have regarding the annexation plans to annex? potential of these areas, 659- 8031. Protection of rural densities Yes, maintenance of rural development patterns is being with increased development evaluated. interest: Don't change our lifestyle with the intrusion of non- residential services. Could development occur in Development cannot occur in the Water Catchment Area. the Water Catchment Area? Commercial services: The need for additional commercial acreage is being Current driving distance /time evaluated. is acceptable. We don't need more commercial services. Will additional commercial require water & sewer, and as such require us to hook- up? Western Northlake Corridor Land Use Study 57 Map 12 Western Northlake Corridor < <� Trade/Market Area Study Area Boundaries Land Use Study 58 e27 �` 1 APPENDIX B MN FO i0 e,s ',7 X791 CUT M EITT ° i e2e e3t 63s It 3 636 v 22 e3o 792 26 646 )96 795 C•8 CMk C•18 COW 793 794 797 Hm 647 3 846 • • , � e53 )96 SR 656 . / 952' , 4 • 839 e60 es) ase 162 • �� • �•� AF Cost I . Map 12 Western Northlake Corridor < <� Trade/Market Area Study Area Boundaries Land Use Study 58 APPENDIX'. C Northlake Study: Dwelling Unit Estimates and Projections for Market Area TAZ 1990 1997 1998 1999 0794 20 37 38 40 0799 0 0 0 0 0800 3,910 4,916 4,917 4,917 0801 0 0 1 2 0802 0 88 96 106 0824 0 0 4 15 0825 0 0 1 3 0826 61 582 680 791 0847 0 0 0 0 0852 0 0 0 0 0854 0 0 0 2 0855 0 0 0 1 0856 0 0 0 0 0857 109 166 197 257 0858 38 512 585 660 0859 8 227 250 268 0860 3 174 197 220 0861 143 306 322 335 0862 0 141 157 170 1048 0 0 0 0 1066 44 217 245 273 1069 46 612 696 777 1070 7 197 220 241 1071 8 218 243 266 1072 10 224 248 268 1073 4 203 227 248 1074 4 227 252 273 1075 5 196 220 242 1076 144 305 320 331 1077 105 224 238 250 1078 2 248 278 305 4,671 10,020 10,632 11,261 Souroe:PBC Planning Division, Disaggraga8on Model May 1998 2000 2005 2010 2011 2012 2013 2014 2015 43 65 104 115 127 140 154 169 0 0 0 0 0 0 0 0 4,917 4,952 4,999 5,012 5,026 5,041 5,059 5,081 3 147 340 392 449 513 588 675 117 189 274 296 321 348 379 415 28 81 123 130 137 143 147 151 7 36 89 104 120 137 156 176 911 1,456 2,048 2,175 2,302 2,426 2,545 2,653 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 18 40 46 52 59 66 74 2 16 44 52 60 70 80 91 0 0 0 0 0 0 0 0 329 612 837 875 910 941 966 985 732 996 1,202 1,238 1,270 1,298 1,321 1,338 285 344 389 397 404 410 415 419 241 316 375 385 394 402 409 414 346 386 416 422 426 431 434 437 182 225 258 263 268 273 277 279 0 0 0 0 0 0 0 0 301 404 485 499 511 522 531 538 856 1,143 1,367 1,406 1,441 1,471 1,496 1,515 260 328 380 390 398 405 411 415 287 361 418 428 437 445 451 456 286 350 400 409 416 423 429 433 267 335 389 398 406 413 419 424 293 361 414 423 431 438 444 448 263 337 395 404 413 421 428 432 342 377 404 409 413 417 420 422 261 301 331 336 341 345 349 351 330 418 487 498 509 518 526 532 11,892 14,554 17,008 17,500 17,982 18,450 18,899 19,322 Total Residential Capacity 20,603 2015 Absorption 94% Western Northlake Corridor Land Use Study 59 APPENDIX D MEMO To: Kathy Girard From: Meg Smith '�% -7 L ` r 4 Subject: Northlake market needs analysis Date: June 3, 1998 Item: Information relating to the Northlake neighborhood market needs analysis is related below. The analysis defines the market areas, and details the methodology and data. These market areas represent a portion of the area being evaluated by the County through its Commercial Needs Assessment. The Commercial Needs Assessment will be addressing a broad range of commercial uses within the western portion of the Coastal area of the County. The western portion of the Coastal area of the County is shown on the attached map. Analysis: The market areas for the Northlake neighborhood analysis are detailed below, along well as the methodology and data. Market areas. Three different market areas were analyzed. From smallest to largest areas, these are: a 3 mile and a 5 mile radius from Northlake and Coconut Road, and a corridor area described below. The corridor area analyzed broadly corresponds to the following general boundaries: Turnpike to the east Western end of Hamlin Road North of Bee Line Highway M Canal to the south. The 3 mile radius roughly corresponds to the Northlake Study Area, however, the 3 mile radius includes a larger portion of the Acreage north of the M canal. The 5 mile and corridor areas are roughly two miles larger than the Northlake Study Area. The 5 mile radius differs from the corridor area, in that the 5 mile extends south of the M canal. The 5 mile extends to approximately Bee Line and Northlake, while the corridor extends further to the Turnpike. Methodoloov. Commercial included retail, office, finance and services. Industrial included industrial parks and manufacturing. Commercial: commercial focused on neighborhood retail commercial and office. Neighborhood commercial retail and office were chosen to highlight the need for commercial space generated by the local population currently living in the surrounding area, and the population projected to be living in the surrounding area through the year 2015. The purpose of neighborhood commercial is to provide for the day to day needs of the population in the surrounding area. Western Northlake Corridor Land Use Study 60 NEIGHBORHOOD RETAIL: The neighborhood retail commercial needs analysis is based on a per capita multiplier of 18.03. The multiplier is derived per the following methodology and data sources. The categories included are from the most frequently found retail tenants in U.S. neighborhood shopping centers, as delineated in the 1997 Dollars & Cents of Shopping Centers by the Urban Land Institute. These include supermarkets, drug stores, dry cleaners, restaurants with and without liquor, beauty and unisex hair salons. The 1997 Florida sales tax return data for each category was divided by the 1997 population in Palm Beach County to obtain the per capita sales for each category. The 1997 median sales per square foot was obtained from the 1997 Dollars & Cents of Shopping Centers by the Urban Land Institute. By taking the per capita sales for each category and dividing it by the median sales per square foot for each category, a per capita multiplier for each category was obtained. The demand for neighborhood retail commercial was estimated by multiplying the Planning Division's population projections by the neighborhood retail multiplier. The results are shown below. Table I. Square foot demand estimates for neighborhood retail commercial The supply for the neighborhood retail commercial was based on: (1) existing retail, from the Planning Division as of June 1994, (100,000 square feet or less in size), to reflect maximum neighborhood retail commercial size as stated in the 1997 Dollars & Cents of Shopping Centers by the Urban Land Institute, plus (2) approved unbuilt commercial, from the Planning Division current to May 1998, plus (3) 113.74 acres of vacant commercial in Palm Beach Gardens which were identified using Palm Beach Garden's Future Land Use Map compared to 1997 TRW -Redi aerials. The 113.74 acres of vacant commercial were estimated both at .20 FAR and .35 FAR, since .20 FAR is more typical than the .35 maximum FAR. The information is summarized below. Western Northlake Corridor Land Use Study 61 3 mile 5 mile corridor area 1997 120,025 341,434 356,326 1998 133,367 368,659 386,491 2000 157,852 414,816 443,501 2005 206,155 502,063 559,020 2010 252,564 581,954 663,864 2015 298,396 662,836 763,949 The supply for the neighborhood retail commercial was based on: (1) existing retail, from the Planning Division as of June 1994, (100,000 square feet or less in size), to reflect maximum neighborhood retail commercial size as stated in the 1997 Dollars & Cents of Shopping Centers by the Urban Land Institute, plus (2) approved unbuilt commercial, from the Planning Division current to May 1998, plus (3) 113.74 acres of vacant commercial in Palm Beach Gardens which were identified using Palm Beach Garden's Future Land Use Map compared to 1997 TRW -Redi aerials. The 113.74 acres of vacant commercial were estimated both at .20 FAR and .35 FAR, since .20 FAR is more typical than the .35 maximum FAR. The information is summarized below. Western Northlake Corridor Land Use Study 61 Table II. Square foot supply estimates of retail commercial 3 mile 5 mile corridor area existing 6,894 6,894 122,412 approved unbuilt 218,420 397,920 498,195 vacant .20 FAR 990,902 990,902 vacant .35 FAR 1,734,080 1,734,080 supply information totaled: 3 mile 5 mile corridor area w/ vacant .20 FAR 225,314 1,395,716 1,611,509 w/ vacant .35 FAR 225,314 2,138,894 2,354,687 Comparing neighborhood retail commercial demand projections in Table 1, with the supply totals in Table 11, it is seen that: in the 3 mile radius, demand for neighborhood retail commercial is projected to be 27,223 square feet greater than existing and approved unbuilt supply by the year 2010. By the year 2015, demand for neighborhood retail commercial is projected to be 73,082 square feet greater than existing and approved unbuilt supply. in the 5 mile radius, the supply of existing, approved unbuilt, and vacant uncommitted commercial land, if developed at .20 FAR, is 732,880 square feet greater than projected neighborhood retail commercial demand in the year 2015. If the vacant uncommitted commercial land is developed at .35 FAR, then the potential supply of existing, approved unbuilt, and vacant land is 1,476,058 square feet greater than neighborhood retail commercial demand in the year 2015. in the corridor area, the supply is 847,569 square feet greater than neighborhood retail commercial demand in the year 2015, if the vacant uncommitted land is developed at .20 FAR. If the vacant uncommitted land is developed at. 35 FAR, then the supply is projected to be 1,590,738 square feet greater than neighborhood retail commercial demand in the year 2015. Western Northlake Corridor Land Use Study 62 OFFICE The office needs methodology used the population projections from the Planning Division Data and Analysis Section, multiplied by .45 which is the percentage of the population active in the labor force according to the Florida Department of Labor, multiplied by .1528 which is the percentage of the nonagricultural labor force employed in finance, insurance, real estate and local government according to the Florida Department of Labor and Employment Security Bureau of Labor Market Information, multiplied by .32 which is the percentage of population which takes 15 minutes or less to drive to work according to the Census, multiplied by 150 or 200, which is a range of averages for square foot office space per employee. 150 square fee per employee is the current office space average per employee according to Neil Merin of Merin, Hunter, Codman, a commercial real estate broker in Palm Beach County, and 200 is an earlier average of the figures given by the Florida Department of Labor in Tallahassee. There seems to be a declining trend for average space per office employee. The office demand projections per the methodology above are summarized on the next page. Table Ill. Square foot demand estimates for neighborhood office commercial The office demand projections per the above methodology with a slight variation were also calculated. The slight variation also included 40 percent of health servicettotal non - agricultural employees, to reflect that the minority of health service employees are likely to not be associated with hospitals, or in offices immediately surrounding hospitals. Including 40 percent of health service employees, along with finance, insurance, real estate and local government employees, calculated at 150 square feet per employee, resulted in total office demand projections which were less than that reported in the columns above for 200 square feet per employee. Therefore, the upper range sited above could be inclusive of a portion of health service employees as well as finance, insurance, real estate and local government employees. Western Northlake Corridor Land Use Study 63 3 mile 5 mile corridor Estimates using 150 and 200 square foot per employee 150 200 150 200 150 200 1997 21,971 29,295 62,501 83,334 65,227 86,969 1998 24,413 33,659 67,484 89,979 70,749 94,332 2000 28,895 38,527 75,934 101,245 75,993 101,324 2005 37,737 50,316 91,905 122,540 102,331 136,441 2010 46,233 61,664 106,529 142,039 121,523 162,031 2015 54,662 72,830 120,345 160,460 139,844 186,459 The office demand projections per the above methodology with a slight variation were also calculated. The slight variation also included 40 percent of health servicettotal non - agricultural employees, to reflect that the minority of health service employees are likely to not be associated with hospitals, or in offices immediately surrounding hospitals. Including 40 percent of health service employees, along with finance, insurance, real estate and local government employees, calculated at 150 square feet per employee, resulted in total office demand projections which were less than that reported in the columns above for 200 square feet per employee. Therefore, the upper range sited above could be inclusive of a portion of health service employees as well as finance, insurance, real estate and local government employees. Western Northlake Corridor Land Use Study 63 The supply of office according to information is summarized below. Table IV. Square foot supply estimates of retail commercial 3 mile 5 mile corridor Built: 137,573 137,573 Approved /Unbuilt 19,000 19,000 19,000 ,20 FAR. .35 FAR 20 FAR .35 FAR Excess vacant* 732,880 1,476,058 847,569 1,590,738 Total supply 19,000 889,453 1,632,631 1,004,142 1,747,311 * Since commercial land can be used for retail or office, the surplus commercial land reported above under the retail section is labeled excess vacant. The surplus commercial land represents excess land already designated commercial but unused, over and above that needed to fulfill neighborhood retail demand estimates for the year 2015. Comnarina office demand projections in Table III, with total supply in Table IV (built, approved unbuilt office and excess vacant available commercial land left over after meeting the neighborhood retail demand through the year 2015), gives these results: in the 3 mile radius, the demand for office, using the 150 square foot per employee multiplier, is approximately 5,413 square feet greater than current approved /unbuilt. The demand for office, using the 200 square foot per employee multiplier, is approximately 14,659 square feet greater than current approved/unbuilt. By the year 2015, demand will be 35,662 square feet greater than supply, using the 150 square foot per office employee multiplier, or 53,830 square feet using the 200 employee multiplier. in the 5 mile radius, using the 150 square foot multiplier and .20 FAR, the possible excess supply of office is 821,969 square feet in 1998 and 769,108 square feet in 2015. A large amount of potential excess supply, 1,472,171 square feet, still remains in 2015 using the 200 square foot multiplier and .35 FAR. in the corridor area, using the 150 square foot multiplier and . 20 FAR, the possible excess supply of office is 933,393 square feet in 1998, and 864,298 square feet in 2015. A large amount of potential excess supply, 1,560,852 square feet, still remains in 2015 using the 200 square foot multiplier and .35 FAR. Western Northlake Corridor Land Use Study 64 Therefore, if the existing vacant, uncommitted industrial land in the corridor is built out using either the .30 FAR or .45 FAR, then there would still be excess supply of uncommitted industrial (250 acres or 321 acres, respectively) in the area by the year 2015. Summary: Following the methodology stated above yields these results: (1) There is no need for additional industrial in the corridor area. (2) There is a need for approximately 27,000 square feet additional neighborhood commercial in the 3 mile radius about the year 2010. However, in both the 5 mile radius and the corridor area, there is excess supply of commercial land to meet both present and future need through 2015 for neighborhood commercial retail including supermarkets, drug stores, dry cleaners, restaurants with and without liquor, beauty and unisex hair salons. (3) There is a need for approximately 5,000 square feet of additional office in the 3 mile radius presently, indicating that the local office area market is currently tight. However, in both the 5 mile radius and the corridor area, there is an excess supply of commercial to meet present and future need through 2015 for office users including finance, insurance, real estate, local government and local health service. (4) Please note however, that the use of mail -order and Internet business may increasingly accommodate future demand through non -local sources, thereby decreasing future need for local commercially designated land. Note: This analysis differs from an earlier draft analysis which only looked at the corridor area. The draft analysis of the corridor area dated March 23, 1998 combined regional commercial retail and office, and was based on population and labor market information which have subsequently been updated. Therefore, the March 23, 1998 draft analysis looked at commercial which included not only neighborhood needs, but also larger community and regional needs. The summary conclusions of the earlier draft analysis are related as follows: There may be a need for approximately 300,000 additional square feet of commercial in the corridor area by the year 2015 if the uncommitted vacant commercially designated land is built at the maximum allowed FAR. There may be a need for approximately 800,0000 additional square feet of commercial in the corridor area by the year 2015 if the uncommitted vacant commercially designated land is built at .25 FAR, which is less than the maximum allowed FAR. cc: Steve Morales, Planning Division Beth Miller, Planning Division F. Martin Perry, F. Martin Perry & Associates, Inc. J:NPLANOLDWLAKE LIAREPORTXFINALRPT.e09 Western Northlake Corridor Land Use Study 66 RESOLUTION 118, 1998 10/27/98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE PLAT OF BALLENISLES PODS 20a AND 20b; AUTHORIZATION TO EXECUTE THE MYLAR OF SUCH PLAT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Plat of BallenIsles Pods 20a and 20b; WHEREAS, the City Engineer has determined that the proposed plat meets all of the technical requirements of the City's Land Development Regulations and Chapter 177, F.S., and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The plat of Ballenlsles Pods 20a and 20b consisting of four (4) sheets dated October, 1998, prepared by Keshavarz & Associates, Inc., attached hereto as Exhibit "A" is hereby approved. SECTION 2. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of such Plat. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF NOVEMBER, 1998. JOSEPH R. RUSSO,MAYOR ATTEST APPROVED AS TO LEGAL FORM LINDA V. KOSIER, CMC AND SUFFICIENCY CITY ATTORNEY RESOLUTION 118, 1998 PAGE 2 OF 2 VOTE: AYE NAY ABSENT COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO Lib: Lf 0 LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM TO: Linda Kosier FROM: Tammy Jacobs DATE: October 27, 1998 SUBJECT: BallenIsles Parcel 20 A & B (LBFH File No. 98 -0228) Please find attached the fully executed photo mylar of the above referenced project. Our Engineering and Survey Departments have reviewed and found satisfactory the technical aspects of the referenced plat in accordance with Chapter 177 Florida Statutes and the City of Palm Beach Gardens. We have also reviewed and approved the construction plans and have received all necessary permits. Surety in the amount of $881,779.74 shall be posted with the City prior to recordation of the referenced plat TJ c: Bobbie Herakovich Roxanne Manning Marty Minor Cindy Harvey P:\PBGMEMO\0228m.doc 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 http: / /www.lbfh,com • e -mail: info @lbfh.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE RESOLUTION 119, 1998 10/27/98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE BRIDGE CENTER PLAT; AUTHORIZATION TO EXECUTE THE MYLAR OF SUCH PLAT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Bridge Center Plat; WHEREAS, the City Engineer has determined that the proposed plat meets all of the technical requirements of the City's Land Development Regulations and Chapter 177, F.S., and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The Bridge Center Plat, consisting of two (2) sheets dated October, 1998, prepared by Wallace Surveying Corporation., attached hereto as Exhibit "A" is hereby approved. SECTION 2. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of such Plat. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF NOVEMBER, 1998. JOSEPH R. RUSSO,MAYOR ATTEST APPROVED AS TO LEGAL FORM LINDA V. KOSIER, CMC AND SUFFICIENCY CITY ATTORNEY RESOLUTION 119, 1998 PAGE 2 OF 2 VOTE: n COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT Lo- LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM TO: Linda Kosier FROM: Tammy Jacobs DATE: October 27, 1998 SUBJECT: Hibiscus Restaurant (a.k.a. The Bridge Center) (LBFH File No. #85 -754) Please find attached the fully executed photo mylar of the above referenced project. Our Engineering and Survey Departments have reviewed and found satisfactory the technical aspects of the referenced plat in accordance with Chapter 177 Florida Statutes and the City of Palm Beach Gardens. We have also reviewed and approved the construction plans. Surety in the amount of $286,252.10 has been posted with the City for onsite landscaping, offsite landscaping and all offsite roadway improvements to Ellison- Wilson Road and Smith Drive. The applicant will need to submit copies of approved permits from Palm Beach County and FDOT for off -site roadway improvements prior to the recordation of the referenced plat. TJ P: \pbgmemo \754o c: Bobbie Herakovich Roxanne Manning Marty Minor Cindy Harvey 3550 S.W. CORPORATE PARKWAY - PALM CITY, FLORIDA 34990 - (561) 286 -3883 - FAX: (561) 286 -3925 http: / /www.lbfh.com - e -mail: info @lbfh.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE RESOLUTION 123, 1998 10/27/98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE PLAT OF BALLENISLES POD 8A; AUTHORIZATION TO EXECUTE THE MYLAR OF SUCH PLAT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Plat of BallenIsles Pod 8A; WHEREAS, the City Engineer has determined that the proposed plat meets all of the technical requirements of the City's Land Development Regulations and Chapter 177, F.S., and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1, The plat of BallenIsles Pod 8A consisting of three (3) sheets dated August, 1998, prepared by Lawson, Noble and Webb, Inc., attached hereto as Exhibit "A" is hereby approved. SECTION 2. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of such Plat. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS ATTEST LINDA V. KOSIER, CMC DAY OF NOVEMBER, 1998. JOSEPH R. RUSSO,MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY RESOLUTION 123, 1998 PAGE 2 OF 2 VOTE: AYE NAY ABSENT COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO &bf 0 LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM TO: Linda Kosier FROM: Tammy Jacobs DATE: October 27, 1998 SUBJECT: Ballenisles Parcel 8A (LBFH File No. 98 -4001) Please find enclosed the executed photo mylar for the above referenced project. Our Engineering and Survey Departments have reviewed and found satisfactory the technical aspects of the referenced plat in accordance with Chapter 177 Florida Statues and the City of Palm Beach Gardens. We have also reviewed and approved the construction plans and have received all necessary permits. Surety in the amount of $235,970.24 has been posted with the City. We have no further engineering concerns and are therefore able to recommend approval and recordation of the referenced plat. TJ P:\PBGMEMO\4001L.doc c: Bobbie Herakoyich; Roxanne Manning Marty Minor Bahareh Keshavarz Cindy Harvey 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 http: / /www.lbfh.com • e -mail: info@lbfh.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: October 28, 1998 Resolution fo Municipal Competitive Grant Request for City EOC. Subject/Agenda Item Pass Resolution Recommendation /Motion: Reviewed by: Originating Dept: Costs: $ Council Action: Total City Attorney FIRE [ ] Approved Finance $ ( ] Approved w oomitions Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Date: [ xl Operating Other Resolution Paper. [X] Not Required [ X] Other Bond Fund Submitted by Peter T. Berg Department Director Affected parties [ ] Notified Budget Acct #:: [ ] None Approved by: City Manager [ ] Not required BACKGROUND: Resolution supporting the City's efforts to grant fund a new Emergency Operating Center to be constructed within the new fire station. This grant is seeking $100,000 to purchase and install emergenct preparedness equipment within the new EOC. I November 3, 1998 RESOLUTION 124, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING MUNICIPAL COMPETITIVE GRANT PROGRAM FUNDS FOR THE ENHANCEMENT OF EMERGENCY MANAGEMENT AND MUTUAL AID PROGRAMS, COMMITTING TO FUND A PORTION OF THE PROPOSED PROJECT, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND MONIES; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens is party to the Statewide Mutual Aid Agreement; WHEREAS, the City Council has committed to fund a portion of the _proposed project ands desires to support the State of Florida's priority to "enable emergency mutual aid responders to establish and maintain fully self - sustaining capabilities for the first 72 hours following a disaster "; and WHEREAS, the City authorizes the City Manage(Jo enter into an Emergency Management and Preparedness and Assistance Trust Fund agreement between the Florida Department of Community Affairs, Division of Emergency Management and the City of Palm Beach Gardens, Florida for the Municipal Competitive Grant Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council supports the expansion and enhancement of the City's emergency management program and the capabilities of its mutual aid response teams, and shall apply for Municipal Competitive Grant Program monies through the Department of Community Affairs for implementation of this project. SECTION 2. The City Council hereby agrees to set aside $200,260 ffor the emergency operating center project in the event the grant is awarded, and authorizes the City Manager to enter into a Municipal Competitive Grant Program Agreement with the State Division of Emergency Management. I RESOLUTION 124, 1998 PAGE 2 OF 2 SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF NOVEMBER, 1998. ATTEST LINDA V. KOSIER, CMC VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO JOSEPH R. RUSSO,MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 5, 1998 Date Prepared: October 29, 1998 Subject/Agenda Item Public Hearing /Second Reading for Ordinance 6, 1998: A text amendment to City Code of Ordinance regarding the amendment of City's Code Enforcement procedures to substitute the Code Enforcement with a Special Master. Recommendation /Motion: It is recommended that Ordinance 6, 1998 be approved. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ x] Approved first reading- 12/4/97 Finance NA ACM $ [ ] Approved w1 conditions Current FY Human Res. NA [ ] Denied Other NA Advertised: Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ ]Not Required [ ] Other Ordinance 55, 1997 Subm�d y�� Growth Mana Lenient Affected parties Budget Acct. #:: Director ( ] Notified [ ] None Approved by: City Manager [ ] Not required BACKGROUND: City Council directed Growth Management staff to research options for the use of a Special Master in the Code Enforcement process. As part of this research, staff contacted 18 local Governments who currently utilize a Special Master in conjunction with, or in lieu of, a Code Enforcement Board (CEB). These local governments include: Palm Beach County .... CEB/Special Master Indian River County ... CEB/Special Master Polk County ...............CEB /Special Master Boca Raton .................CEB Delray Beach ..............CEB West Palm Beach...... Special Master Lakeland .................... Special Master Tampa .......................CEB / Special Master Boynton Beach ......... CEB Jupiter ....................... CEB Greenacres .................. CEB Juno Beach............... Special Master Lake Clark Shores...... CEB Lake Park .................CEB Lake Worth .................CEB North Palm Beach .... CEB Royal Palm Beach ...... CEB Tequesta ....................Special Master. At the May 21, 1998 Council meeting, City Council reviewed the Special Master program and indicated the strongest level of interest in Option #1, Special Master only. At that time, Council approved the Ordinance on first reading. Council also directed staff to contact the 8 local governments who utilize Special Masters to discern their level of satisfaction with the program. ( letter attached) Staff received responses from 7 of the 8 local governments. Polk County did not reply. The majority of the responses were positive. The remaining responses were description of the process or procedures. We received no negative responses. RECOMMENDATION: Staff recommends that Council approve Ordinance 6, 1998 on second reading. This will allow staff to proceed with implementation of the Special Master program. Staff anticipates that it will take approximately 2 months to phase into this program, with the Special Master beginning work in December, 1998. REVIEW: USE Of SPECIAL MASTER PROCESS: Four of the 18 local governments contacted by staff use a Special Master for all cases. Four use both a Special Master and a Code Enforcement Board. Ten use only a Code Enforcement Board. It is important to note that the Special Master concept is being used on an increasing basis by local governments as knowledge of the process is distributed. COST: The cost for a Special Master ranges from $110 - $130 per hour. However it is important to note that of the eight entities utilizing a Special Master, four obtain the service on a volunteer basis at no cost. If the City utilizes a Special Master three hours a month the cost will range between $3960 - $4680 per year. However, the City can also seek volunteer services. Options fora 'Spedal Master in the Code Enforcement Process. City Council Regular Meeting October 2, 1998 BACKGROUND: City Council directed Growth Management staff to research options for the use of a Special Master in the Code Enforcement process. As part of thi< research, staff contacted 19 local Governments who currently utilise a Special Master in conjunction with, or in lieu of, a Code Enforcement Board (CEB). These local governments include: Palm Beach County....CEB/Special Master Indian River County...CEB/Special Master Polk County ...............CEB /Special Master Boca Raton ..... --------- = =_CFR Delray Bpiaf�.= - - -...c%" '_• C ----------------- CPR Lake Clark Shores......CEB Lake Womb ................" Royal Palm BewIL ..... CEB west Palm Beach...... Special Master Lakeland a Master Tampa .......... ------------ CEB! Special Master Boynton Beach.........CEB - - - -- -------- .......CEB Juno Beach ...............Special Master Lake Pak ......».... «..CEB North Palm Beach. ... CEB Tequ esta ....................Special Master. At the May 21, 1998 Council meeting, City Council reviewed the Special master program and indicated the strongest level of interest in Option #1, Special Master only. A review of these Options is included in this report Council also directed staff to contact the 8 local governments who utziliae Special Masters to discern their level of satisfaction with the program. ( lettK attached) Staff received responses from 7 of the 8 local governments. Polk County did not reply. The majority of the responses were positive. The remaining responses were description of the process or procedures. We received no negative responses. RECONEM[ENDATION: Staff recomm=dS that Council approve Ordinance 6, 1998, on first reading. This will enact Option #1 and allow staff to proceed with implemewai on of the Special Master program. Sta ff anticipates that it will rake approxim2tPly 2 months to phase into this program, with the Special Master beginning woik in December, 1998. USE Of SPECIAL PAASTER PROCESS; Four of the 18 local govermnents contacted by staff use a Special Master for all cases Four use both a Special Master and a Code Eofcmoeflc eat Board. Ten use only a Code Basoe+a -ib R I It is important to note dw the Special Master concept is being teed on an hxnaing local governments as knowledge of the process is distftated. w•�ti The cost for a Special Master ranges from $110 - $130 per hour. However it is import= to note that of the eight entities utilbing a Special Master, four obtain the service on a volunteer basis at no cost. If the City utilizes a Special Master three hours a month the cost will range between $3960 - 54680 per year. However, the City can also seek volunteer services. 'There are several options for utilization of a Special Master. The three most common options are presented below: 11 Snee6l Master Only: In this option, a Special Master would be used for all code eafor ==I cases. Potential Advantages: • Greater consistency in decisions. • Fasts and more efficient hearings. • Extensive knowledge of the law. • Less administrative workload due to a simpler process. • Additionally, it may be less intimidating for a citizen to face a Special Master than a Board. Potential Disadvantages: • Additional cost to city, unless services can be obtained on a volunteer basis. " • No citizens on the CEB means a lower level of comaaunity involvement. 2) Special Master and Cod4 Enforcement Bond: 'Mere are several petmutatii'us for this option. For example: a Special Master may be used for routine cases while the Code Enforcement Board is used for more complex cases. Or the City may choose to use the Special Master for the co droversial cases such as industrial or commercial violations and the Board for the residential violations. Potential Advantages: • Lower cost than Special Master only option. • More fica- bility in how hearings are handled. Potential Disadvantages: • Some additional cost to the City. • Greater administrative workload due to handling two processes. 31 Code Enforcement Board only: In this option, the Code Enforcement Board handles all cases. PotsmW Ady tap -- • Loasecaottb Cigr�n special Ma�ro� ton, serving an the CEBpe+ovide a kvrl of Commmity hm1Mm2et PotmmW Dbsdvanfa Groulm vuiabfy in decWom C3:+a�r rre aroeidood. 1 Each of these options bas been used sY by local go! ts. Selecdm of an t7'P�y based an aoldclo4 eff�mcy, and legal oonce=L Due to the ° iO� is Mmw C* oP&n. fimmcW manes are typic aUy not a primary detemdnew in the wlecdm Special of an q)ti*L N May 26, 1998 CITY DF SPALI1A ISE-' CH GARDENS 10M N. &CjrmY TRAIL • PALM NVACH OARMN& PL OWAV A 36410 0 a Mr. Sam Ebhw Chief 've Officer City of Tampa 315 Fast Kmnedy Boulevard Tampa. Florida 33602 Re: Use of Special Master £or Colo Eaforaaneat Cases Dear Mr. Hahw. The City Council of the City ofFaha Beach Gardens is considering dw we ofa Special for.oar :Code Enf a mment cases. As part of this coasideratyan, oar Council her regoemd that we conduct s survey of focal governments who rh";T* Special Masters to ascertain their level of won with this procas. . The Council will be making s final detamia:tion on this matter in June or July. Thus a quick response mould be most helpful. At your earliest convenience, please send a letter describing your experience, vii fiat (775 - 10141 or by mail to: Roxanne M. Manning City ofPalm Beach Gardens Growth Msn:grmeat Department 10500 N. I�+iilitary Ta�7 Palm Beach Gardens, Florida 33410 We appreciate you cooperation in this matta If you have questions, please call 7754295. Sincerely, Manning. Raacanne M Mari g, AIQ' Growth Management Dire=r cc: Bobbie Herakovich, CM Greg Dunham, ACM Council members cF members CE st2fF RMMrh/G\Spcem=2 May 2419" - -- jun Qto'lt: e:44 N3.001 P.:)1 i CITY OF PALM BEACH - GARDENS Mr. up" S. ftia +d cib L.kOkA+d s. U ee_ 46-in" Awe. Leioedt.W a 3Ml_*X6 Re: Use of SpecW blister for Code EsAwcoam Csse Dar Mr. Saiddend: The City Couna atthe Cky" es Rauh G den is meade<iM�+s vra da Specie! Dttst�rfroneCede Ba* roeeneett a u" As pact of dds oaa:;idead . 6 or causcil heel regeeeese Id 1t vn aoodwsaa very etind 0o�+eemneeea.eio adtia 1proiat lfareees � eeoec:;ia their 1ere1 at,t�ieaiae wish t'tispevaer. - -- : "�� =_ des Caseoe� vritl be alai oee dds meow in ions or3dy. Thw ag A* - f+sapoaisrYOaidbe bitp6el. At 7w= le pis send a latter dmanbing 7w s hoc MS-1014). or Raxee bL Usmioa city otpwm Back aud� CQk*vAb pepe�ta4eeu 1 10500 N. hG i�s�► Tail Peim Beedtt�detti. row& 33410 We appreciate Yon coopustics in t1m melsec. ffyou have q Sittar+oly, / t ' E Maaaiug. AMP Omwth Mao rmt si Director cc: Bobbie Handmvick CM Con Dw2ham ACM cauna CE ME BMI4lfjhIC�9Doaaad �r • Vbl O/ l TM 09:06 56ISM214 ime S. 1"I MY ofPain an& c W&M lam x.m rf-rua PdM Bpi G dati. Pb &h 33410 ATMMON.. R.,.1�. IIII, u, l►`I. hog SUBJEC'Y . USE OF SPECIAL MASTER FOR CODE MgPORCMWaNI' Doer W Iarepor� to Par Llslt dsa Iil4gr � 1995, die irm �Toaii■tt3rYlep of —. Ta�aatea seem spaeietsret sya�n br oar Dodo eabroort err. iii bsvefomd art va m s outsed smom y b aMd. WOW aedbeoe rgai[w. deltLos wityLpl soes ie sadt eoeiw. Webw pies hood *A *e a** paper is epad up with dodAaaask na bk kpi, and spMdy aoeeor. YLS rwalt oftbs is flat oompitioce, wdich i dse aoeiu pal, i a000e�pii�ed sooner. We ad boo a code mdszearat board M one time. bat b wu vay aonfiuis sod was sot vet? aneia L ifym nwd agyt * bather pkm feel 2+ee to me. 3'moa*. Salem John hovmdo Code Eafotc , w p 9 Oflkw $61•S75.6213 561.575 -6212 (Fox) se, — BOX 3273 357 Toques Dii<,Tegnesta, Fbrida 3346944 Jun -0e -9e 11:49^ CM OF W!! RAW 32AM Pat= 0 �OOY�e!l�lOSrs fM BANTAM SMAIVASD 134M osstcs sow sm 3W ?.1. F&0NW& $$M 22V Sol-own" Jun t, 1991 Roomm M. umming Cky ofpalm Beak Gsrcku Growtk Manapmaat Department losoo x Ma" Trai Pahn Bich Garden, FL 334104691 life : Use of Speeid lAas W for Coda Inforcresm Cares Dear Ides. Mum* P.O1 10 teapors a to ywr request, is ota Icpaia,oe with the SpecW M eta has ban so poskiw that oo eosaidecatioa has bees given to go back to having aboard. When the board was he- 4, the wa the time and deputes vare mach more time coaaming. Therwis alto a coefiK=7 in the Sean that we ieaomW Below is a 5sr of attorneys with contact mnjj ; 1SOl Corporate Drive Ste 290 Bamcb. FL 33422 (561) 73241004 Gies A Psulat:e Torcivia One C kulaha Cenzer Sts 1304 250 Aunralaan Avenue South Wet Palm Seach, FL. 33401 (561) =32 -0644 If them is any question please do not heime to cornet me at (561) 653 -3560. �Y. Sgt. Robot Olum ROigd1 P A -. D"W"0411t of tom. Z"1109 a.e 2410d1019 Mamd" Diviaiae code Enforcement Divwoo 100 Australian Avmw Wet Palm Beads. FL 33406 (561)233.55W FAX (361) 233 -5517 ■ Pads saaa Cowq 9 - A ofCORWtr camms Bast Aaronson. Chair a Maude Ford Lee, Vice Clmrmart !Caren T. Marais Carol. A. Roberts W....'A a Newell Mary Mccam Kea L. Foster Cowart Administrator Robert weir P.&. AffwnWim Action Enw1oyer" June 8, 1998 Roxanne M. Manning, AICP Growth Management Director City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Ft. 33410 -4698 Re: Use of Special Master for Code Enforcement Cases Dear Roxanne: This letter is in response to your request for inforrrotion regardirg the County's use of the Special Master for Code Eclforeemerrt cases. Palm Beach County currently uses two forms of Special Masters for Code Enforcement cases. On the one hand, the Board of County Commissioners has appointed an individual to sit as a Special Master to hear all requests for modification of fines. These requests are - made after violations have b.-.-n corrected, and fines are accrued. `Currently, the County does not allow a request for modification once k Code Enforcement lien has been referred for colkration purposes. In addition, the Code Enforcement Board, which consists of 7 members plus 2 alternates, has appointed one of their members to sit as a `Special Master". This individual hears all those cases where the violator's admit to the violation and have little, if any. evidence to present These cases typically involve the County reading the charges, the individual admitting to the violation and requesting a reasonable time to correct. This Special Master, what we call the Code Enforcement Board Special Master, hears these cases concurrently while the full Code Enforcement Board is hearing the cases for those individuals who contest the violation. The CE$ `Special Master also will hear those cases where individuals were served and have not appeared. -2- 1 rape #ft kdbffnatton ash you. N 1 Can be of any adds kmW assistance please let nme know. Tony V WW. Code Enbcai ectt Tv�mw h=xltr r BOARD OF COUNTY COMMISSdONERS 1840 25th Sbwt, %m B..eh„ FJKirs j2M0 %hpho w x%I) 567 -M June 16, 1998 Roxanne M. Manning City of Pain Beach Gardens Growth Management Department 10500 N. Military Trail Palm Beach Gardens, Florida 33410 RE: Use of Special Master for Code Enforcement Casa Dear Mrs. Manning: ":RfyF Concerning the above referenced topic, I am responding to your letter of May 26, 1998 to County Administrator James Chandler. Please be advised that Indian River County adopted the Special Master alternative a few years ago. Indian River County uses a Special Master on rare occasions. More specifically, the Code Board Chairman serves as Special Master and is able to hear code enfor+cemeat cases in the event of a lack of quorum at a regular Board meeting, Otherwise, the Special Master may be used to approve Notices to Appear for the next scheduled Boma meeting. I recall that on one occasion, the Special Master heard a case that warranted ;*+ mp-Aar' consideration Ov%ft and safety) vs. - waiting for the next regular monthly Code Board meeting. For your information, attached is a copy of the County Code relating to the Special Master alternative. If you have any questions, please feel free to contact me at (561) 567 -8000, ext. 258. Sincerely, Tel Roland DeBlois, AICP Chief Environmental Planning and Code Enforcement cc: Robert Keating James Chandler TM98 -496 Gtr Of P &G 2 k4NntMG � 11 _o NG it:+ i�Ia. • 1 �. • 340 OCLSX DRM PHONE (361) 626.1122 • FAX 061) 773-612 PALM REACH COUNTY FL+ORMA 33409 June 26, 19N f; 3IB„ City ofPaba Beach Gtdm 10500 N. Macy Ttat1 Palm Beach Gardeae, FL 33410 Dar Raimnne, The Town c( Am Beach has boa very pleased with the an ofa:pecial manner fix oode Because we m dealing with amined prolimdocaLft handling of cam is far mote even- mdad. In adMoo dwe is less stafft'mte involved in preparing cases fw the special master than for a panel of lay people. Another big advantage is that you can set the tone for these proceedings by the person you hire. We wanted to bead over backwards on the side ofdw "d - or business so we bired an attorney as our special master who we kww would do that. Our experience bas been so positive, I would not em dink of going bacicto a code enfot c em - t board Calf me if you need any further information. Sincerely, Gad F. Nelson Town Manager ePnw .4 nw 0--4" Pwewr K 4 -"% CW#d?Abmbm sat rrr��r A., City of ! ! i a Off km ot the City Aftorney James D. Palermo city Auorney July 27, 1998 Via F=indk 661) 775 -1014 do U.S. Mail C4Y&RAZ -. Roxanne M. Manning, AICP Growth Minanement Director City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410-4698 Re: Use of Special Master for Code F.nforcraneat Board Cases Dear Ms. Manning: I am the Assistant City Attorney who represents the City of Ten n a Division of_ Neighborhood Improvement before the Municipal Code Enforcement Board. As such, I have been asked by Mr. Sam Halter to reply to yaw correspondence of May 26, 1998, concern. Iz the use of Special Masters in Code Enforcement Board settings. The City of T2mna uses both Special Masters and a full seven member Code Enforcement Board. The Special Masters have all of the powers that a member of the Code Enforcement Board enjoys. However, the Special Masters officiate only at initial hearings which are in the nature of case management conferences. These hearings are held during the first two Wednesdays of the each month. The Special Masters hear pleas from the alleged violators and proceed only m cases where an alleged violator has pleaded guilty or has failed to appear after being duly noticed. In the latter instance, the Special. Master bean evidence from the inspectors or other witnesses and then determines whether a violation exists, orders correction and sets fines. Alleged violators who plead not guilty before the Special Masters, are referred to a full board hearing which is held on the third week of each month. t %` . *mcp City Of •Patin Beach Gardens Page TWO July 27, 1998 I hope this information will assist you in the operation of your Code Enforcement Board. Feel free to contact me should you have any questions concerning the City of Tampa's JWc cb IL% 315 East Kennedy Blvd., 5th Floor-Tampa, Florida 33602 813/274 -8996 • Fan: 813/274 -8809 November 2, 1998 ORDINANCE 6, 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS AMENDING ARTICLE IV OF CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES ENTITLED "CODE ENFORCEMENT" BY PROVIDING FOR CODE ENFORCEMENT PROCEEDINGS TO BE CONDUCTED BY A SPECIAL MASTER; BY REPEALING SECTION 2 -186 ENTITLED "DEFINITIONS "; BY AMENDING SECTION 2 -187 ENTITLED "JURISDICTION "; BY REPEALING DIVISION 2 OF CHAPTER 2 ENTITLED "CODE ENFORCEMENT BOARD" AND REPLACING IT WITH A NEW DIVISION 2 OF CHAPTER 2 ENTITLED "SPECIAL MASTER "; BY AMENDING DIVISION 3 OF CHAPTER 2 ENTITLED "PROCEDURE FOR ENFORCEMENT OF THE CODE ENFORCEMENT BOARD "; BY AMENDING SECTION 2 -261 ENTITLED "ISSUANCE OF CITATION "; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article IV of Chapter 2 of the City's Code of Ordinances provides for a code enforcement board, pursuant to state statute, to hear and decide alleged violations of the codes and ordinances enacted by the City; WHEREAS, Section 162.03(1) of the Florida Statutes provides that a municipality may abolish by ordinance its code enforcement board; WHEREAS, Section 162.03(2) of the Florida Statutes authorizes a municipality to adopt, by ordinance, an alternate code enforcement system which gives special masters the authority to hold hearings and assess fines against violators of municipal codes and ordinances; and WHEREAS, the City Council of the City of Palm Beach Gardens has determined it to be in the best interest of the City to abolish the Code Enforcement Board and appoint a special master for code enforcement proceedings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1: Section 2 -186 of the City's Code of Ordinance entitled "Definitions" is hereby repealed in its entirety, it being the intent of the City to defer to state statutes for definitions, when necessary. Section 2: Section 2 -187 of the City's Code of Ordinances is hereby amended as follows (added words underlined; deleted words struck): Page 1 of 13 Sec. 2 -187. ^so' rata n Or'�~ +' a Intent. LJGl.rlal aLl Vll VI IcylJIa LIV 1 % Jtiatcu I.I I.5. ' 1j2.g2. It is the intent of this uiv;sic.. article to promote, protect, and improve the health, safety, and welfare of the citizens of the city by authorizing O e crcat:cr'. Of qd. � l�.iSt atI V c uOarus and creating the position of special master for code enforcement proceedings with the authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing the codes and ordinances 1M ffree of the city. "crc a ic�✓caLCU vI LIV11 L.v.lullucJ w �iriioL. 11110 UIVI01VII IJ auvFLCU FUIJUaIIL Lv uIC illJIILO, FUVVIUIJ, G1 11U U L; LIGJ aJ JGL IVI LI I 111 1 .V. %A 1. I VL. < Section 3: Section 2 -188 of the City's Code of Ordinances is hereby amended as follows (added words underlined; deleted words struck-): Sec. 2-188. Jurisdiction. (a) The ccuc c.11V. cGI IG.It &boar u special master shall have the jurisdiction and authority to hear and decide cases of alleged violations of thfe: 01 any codes and ordinances enacted by the city where a pending or repeated violation continues to exist; li I IIG GIII VrVG.m. IGIIL UVGIIV JII all I IIGQI and \.7GGIUG VIL/Iq LllJll l/l any l,VI1LA 1L1VI1 </1 q1-1 y ucvc.13Nl � ont cruc. Of this city Council or final action of the site plan and appearance review committee or the Planning and Zoning Commission; and any Oft -:—:1— tNc ccucs 1r y YYl lllill May UG aUVF./lcV uy LIIG Lily 111 1116 IuLU1G YVI IIVII IGy 41a LG aGJL11GLlV01 VVIIJ LI UL..NV11, oalcly, Jua Of Nr OPGl ly, Or IVVaLIVI I VI any St uCtura On roal -F-13 al ly 111 LI G IG ILy (iii) Any statute, code, rule, regulation or the „like incorporated into the city's code of ordinances by reference. (b) Those code enforcement cases, which at the time of adoption of this ordinance, are pending before the Code Enforcement Board, as evidenced by a notice of violation having issued or by the matter having been set for hearing before the Code Enforcement Board, shall be heard by the Special Master. (c) The authority herein is not exclusive (c; T "c Vcf t "Ic Qra ;cic c suppleme and shall not prohibit the city from enforcing its codes by other legal means. Section 4: Division 2 of Chapter 2 of the City's Code of Ordinances entitled "Code Enforcement Board" is hereby repealed in its entirety and replaced with the following: Page 2 of 13 DIVISION 2. SPECIAL MASTER Sec. 2 -211. Appointment; term; compensation. (a) The special master shall be appointed by a majority vote of the City Council. The City Council may appoint one (1) or more special masters. (b) The special master shall be appointed for a term of three (3) years. A special master may be reappointed upon approval of the City Council, however, no special master shall serve more than six (6) years consecutively. In the event of a vacancy, the City Council shall appoint a replacement for the remainder of the unexpired term. (c) The special master shall serve with compensation in an amount to be established by the City Council. (d) The special master shall serve at the pleasure of the City Council and may be suspended or removed for cause by a majority vote of the City Council. Sec. 2-212. Qualifications. (a) The special master shall be an attorney and a member in good standing of the Florida Bar for a minimum of five (5) years preceding appointment. Sec. 2 -213. Authority of Special Master. (a) The special master shall have the authority to: 1. Subpoena alleged violators and witnesses to hearings, which subpoenas may be served by the City's Police Department. 2. Subpoena evidence. 3. Take testimony under oath. 4. Issue orders having force of law to command whatever steps are necessary to bring a violator into compliance. 5. Assess fines pursuant to Chapter 162 of Florida Statues. 6. Lien property pursuant to Chapter 162 of Florida Statutes. (b) The special master shall be bound by the Code of Judicial Conduct, as amended from time to time. (c) The special master shall adopt the rules and regulations as found in Chapter 162 of Florida Statutes. The special master may adopt additional rules and regulations not inconsistent with the provisions of Chapter 162, Florida Statutes, subject to approval by the City Council. Page 3 of 13 Sec. 2 -214 -- 2 -230 Reserved. Section 5: Division 3 of Chapter 2 of the City's Code of Ordinances is hereby amended as follows (added words underlined; deleted words strucIFX,): DIVISION 3. r ,rZCC, `\CI 11 IMIT7 CA If ^M f-11 ACA1T M\/ TIJC !ten f- 1 1 \V VLV VI \L 1 VI\ LI YI VI \V LI VI ILIY 1 V 1 11 IL VV ✓L CAl1 -wi \ULML-N i nllA ZD CODE ENFORCEMENT PROCEDURES LIYI VI \V LIVI LIY 1 VV!"\I \✓ Sec. 2 -231. Initiation. (a) An alleged violation of any of these codes; or ordinances, of the -eit , as described herein, may be filed with the code enforcement division by citizens or those administrative officials who have the responsibility of enforcing such the -Marrs codes, of ordinances, resolutions or formal actions. :1 WrcG x.11 ;"G city. (b) It shall be the duty of the code inspector to initiate enforcement proceedings. Ofit 1.- V... .:...... .....a.... A1.. L...- of 1.1- '.. �........ ....a L. r......J .. L...II L... at•... ... .G.. a VI LIIG VQIIV UJ LiVUGJ. 1YLJ 111GI11W VI LI IG L.rVUC -i GI H UI LrGl l lGl IL LJVQIU JI IQ11 IIQVG LIIG IJ%JV GI LO ILI L ""`""'G" ""` - csG ''ilngs The Special Master shall not have the power to initiate such enforcement proceedings. Sec. 2 -232. Notice of violation. (a) Except as provided in subsections (c) and (d) of this section, if a violation of the codes as set forth herein is found, the code inspector shall notify the alleged violator and give -hire provide a reasonable time to correct the violation. (b) Should the violation continue beyond the time specified for correction, the code inspector shall notify the ccua crfcrcl IG11t board special master and request a hearing. The special master ccuG onfcr ca� l ay , t boa; u ,through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided herein to the violator. At the option of the coud0 G;.fcrcclllal -.L ucaru special master, notice may additionally be served by publication or posting as provided herein. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the ccuG beafd special master even if the violation has been corrected prior to the beafd hearing, and the notice shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the Grfcrccl Ion: board special master and request a hearing. The ccuc G.1lfcr;,cl; .ant uca;d, special master, through its clerical staff, shall schedule a hearing and shall provide notice as provided herein. The case may be presented to the G�1lfcr;,c1 IGI;t -oaru special master even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. Page 4 of 13 (d) If the code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the GI �`v;;,cl lG� lIt Lb-Gard special master and request a hearing. Sec. 2 -233. Procedure Conduct of Hearing. (a) Upon request of the code inspector, or at such other times as may be necessary, the dlair VI tlic GVUG GIIIVIGGIIIGIIt uoal-d special master may call a hearing. of ...t.... ....a L........J n L... ..1,. L... ,...��..,� �. ...,.:aa 0':CC 3 C,, L... ,.a 1.. „� al 11 cl uVI vcl i IGI Il ulJGl V. A 1 IGai ii IhJ. also -.lay uG VanGV ur vvI llL cl i i wLl Jiyi IGV by al (Gast a"""' "' ""'� a"" fOrcc. 'c�` LLJ l,� Minutes shall be kept of all hearings by t111GG IIIGIIIVGIJ VI 1116 VVVG 6111 VIVGIIIGIIL VVa1V. the crl`crccl Icrlt board city staff, and all hearings and proceedings shall be open to the public. The city shall provide clerical and administrative personnel as may be reasonably required by the Glfcrccl IG� 1t : card special master for the proper performance of all R-9 duties. (b) Each case shall be presented by the city attorney or by the city's code inspector or designee. jc� The special master shall take testimony from the city attorney and /or code inspector and the alleged violator. All testimony shall be under oath and shall be recorded Formal rules of evidence shall not apply, however, fundamental due process shall bp observed and shall govern the proceedings. (d) The special master, the city attorney or the code inspector, and the alleged violator or counsel for the alleged violator, may inquire of, or question, any witness testifying before the special master. (e) The special master may exclude evidence which is determined, by the special master, to be irrelevant, immaterial or unduly repetitious. All other evidence of a type commonly relied upon by reasonably prudent persons shall be admissible , whether or not such evidence would be admissible in a court of law. Any part of the evidence may be received in written form. The Special Master may, for good cause shown, postpone or continue a hearing. .(g..) At any time prior to a case being heard, an alleged violator may enter into a stipulation with the City agreeing to any matter, including but not limited to the following: That the alleged violator has, in fact, committed a violation; or that a violation has occurred on the property. Page 5 of 13 ii That the violation shall be corrected on or before a specific date, subject to approval by the special master. The stipulation may be verbal or in writing. The stipulation shall be read into tho record by the city attorney or code enforcement inspector and, the special master shall issue an order in the form described hereinafter reflecting the terms of the stipulation. Sec. 2 -234. Burden of proof. At Ote a code enforcement hearing proviucu CJ; Uy tlIIs u; ;;;;,; l conducted to this article, the burden of proof shall be upon the city eede inspe to show by a preponderance of the evidence that a violation of the Clity COacs doa3 exists. Where proper notice of the hearing has been provided to the alleged violator, as provided for herein, a hearing may proceed even in the absence of the alleged violator. Sec. 2 -235. Recovery of costs. If the city prevails in prosecuting a case before the ccuc +4.:,..J :.,:,.:,... LI IIJ UIV IJIVI I special master, it shall be entitled to recover all costs incurred in prosecuting the case LJ I%J : "c board and such costs may be included in the lien authorized under sr.ctiol. 2-230 herein. cud .a.. a _s L... ..: vcar. �..wv. vvi�uui.+ vI olcwl lilac. /+) The c.. F................a uoalr U J J.M aII l proc ccd Lo L -oal .c VaVI I 4" o q y Gl .l,. I- II L1I Ca IG %J _ 1 VI Ll I L 'ay. A II a,,,,a:...... ..4...11 L..... ,J .. +L. .. .J .. L... 11 L. ....,.1 ...J TL... r.. ..L h......,.1 LIIgL U llll LGJ LIIIIVIIy Jl lgll LJ u11UG1 Vq LlI gllU Jllgll 1JG IGGVIUGU. I IIG GII IVIGGIIIGIIL UC; rd ..L. 11 a..l... a..,.a:....,..... F,....... aL........J..:... .. a..- .....J ..II.......J . I.. +.... C.. ..1 ....1 ..t ....:.J.. JIIan LQI�c LGJLIIIIVIIy 11VI11 UIG GVUG 11IJI.JGGLVI CAIIU gllGyGU VIVIgLVI. 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L..�.....J TM iilJNciwlJ, s al., uG NcililliLLCU LV 1114uiic V1, VI %AUCJLIVII, ally vviulcJJ uclVlc uIC uuglu. 11Ic C_ + L...G-1 — :.J.. a,...a:.., ....... .. ....a..A L. .. .J :.... ....a....., aL... .... I...•.a GI IIVIGGIIIGI IL LJ I%A Illgy VVlls lu AG.- LGJ LII I IVI Iy 1./1 GJGI ILGU uy V'VUC 11 IJr./ULAWI J, LI1- IGJF./VI IUr-1 IL, VI any V LIIGI vviu lGJJ. .. .J..a........:..,.. +:..... F +M.. L...:.. -.... '......1 ..a ..a....:..1 .... .....J. 1. \L+� vpV11 ucLGnmi anon. VI Lllc cllqupclJVli, illcicvallL, I.... .q LG11g1 V1 u11uu1�! ... .., ... .:.J ......... .. 'a ......1. .J...J L, a ..11 .. +L. ... . :.J .. ..r .. a. ..... .. 6. .. r....l LILI GV Iu GIIGC I.. Gy uG GnGluu cU, UuL qll VL11G. GVIUCIIGG l/1 q Ly F./G uVIIII IIVIIIy IGIIG 4... .. L.I 1...•.a f" ---,J- . a F aL...:.. ..FF -i— ..L...II L... ...J....:....:L.1 UL/V111 by 1 caso Iau1y f./i uuont �ci.7Vl lj ill a Ic VV IuuVL VI L11G11 g11g11 J JI Ig11 uG GIU11 nJJ1u1G, L. aL......... + ..L. '.J ........I.J h.. ...J ..:L.1.. + '..1 : +..a;. ..1... A ...a ..r +L,.. VVIIG LIIGI VI IIVL JUGl1 GVIUGIIUG YYVUIU uG gU1111JJ1u1G 111 q Lllg1 111 JIq LG GVUI LO. 111 ly NgIL VI LIIG ..:.J........ L, ..... ivod '+a.... F......... Th.. ..L. L.' /L...- .J'...... +.. G V IuGI IGG I l lqy uc I Gl,G1 V GU 111 YYI IILGI l I VI I I I. 1 116 cl Igll PUI JVl l qJ 1 1101 1 IGI UiJGI GLiVI l I l lqy ....I +_ Ll I .J F .......... a L... .J aa.....,.....a a:...,,. ...J: +L... .J :....:L.'I:a a� VVIIJUIL LIIG uVUG ci11VIGc.monL uGarU a or.-.Gy at any LIIIIG rclglruding LIIG a UI111JJ1 u 111 Ly GVIUGIIGG, VI V111G1 IIIq LLGIJ IGIq LGU to. an 6111 VIGGIIIGIIL Pro vccU111y. Page 6 of 13 Sec. 2 -23 -76. Findings; order. (a) At the conclusion of the hearing, the ccuo GnOiroGm.ant Lboaru special master shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein. The A A: .. M II 10 by 4:.... .. .......A L, - -:a .r 4L,.,.,., ...... L,.,.... + --A ...,4:.., ... 11, lu11.gs s1 lall UG Vy �111V LIU[ I G7t. PI vvcu uy G1 I i IajvI ILy VI a wJC I I IC-1 i wc-i 0 f✓rcoc� IL al IU vvuI Iy, + +L al. at I. aG4. I-L; ........L..+.., f +L.., L,..., ...J ..,... + .... +.. ...J ..- t.... a4. ,, .. +:..... a.. L,s colicF./L LI IaL at IGCGJL IVUI �111GI�RJGIJ cl UIG Ljoalu Must vota in cider IVI UIG action. Lu L1G offie6al. (b) The couc bca;u's special master's decision shall then be transmitted to the violator in the form of a written order including finding of facts and conclusions of law consistent with the record. The order shall be transmitted by certified mail to the violator within ten days after the hearing. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed and, under the conditions specified in section 2 -2358, the cost of repairs may be included along with the fine if the order is not complied with by such date. (c) A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator, and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the cI fcrccm .G nt boaru special master shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance. Sec. 2 -2357. Administrative fines. (a) Whenever the ccuc c� �fcr cs m c„t ucaru'j special master's order has not been complied with by the time set for compliance, or if the same violation has been repeated by the same violator, the beard special master may order the violator to pay a fine not to exceed $250.00 for each day thereafter during which each violation continues past the date set for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector. In addition, the order may include all costs of repairs pursuant to section 2 -235. However, if a ccuc c; �`crcc,;,c;,L ucard the special master finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. (b) In determining the amount of a fine, the ccuo a nfcrcam .G.it Ucard special master may consider the following factors: (1) The gravity of the violation; Page 7 of 13 (2) Any actions taken by the violator to correct the violation; and (3) Any previous violations committed by the violator. The ccuc cn'1W.— o —m a t board special master may consider any other factors pertaining to the violator or violation which it deems relevant and shall not be limited to the above recited factors. (c) The ccuc c; �`c;;,c„c� t boa; u special master may reduce a fine imposed pursuant to this section. (d) In addition, if the violation is a violation described in section 2- 232(d), the coio `c bcaru special master shall notify the city council, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. If a finding of a violation or a repeat violation has been made as provided in this article, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, the ccuc board special master finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in this section. Sec. 2 -2389. Lien established. (a) The uU,• rcct cr -1 N �� g d „aiu n 7-01-ling ,. code inspector or the inspector's designee, may record a certified copy of an order imposing a fine in the public records in the office of the clerk of the circuit court in the county, for the city. Once recorded, the certified copy of an order shall constitute a lien against the land on which the violation exists, or if the violator does not own the land, upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this division shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the city, and the city council may execute a satisfaction or release of lien entered pursuant to this section. (b) After three months from the filing of any such lien which remains unpaid, the 011 oG-.-o nt boa-1u City may authorize the city attorney to foreclose on the lien. No lien created pursuant to the provisions of this section may be foreclosed on real property which is a homestead under section 4, Art. X of the state constitution. (c) Such lien shall be superior to all other liens, except liens for taxes, and shall bear interest at the rate of ten percent per annum from the date recorded. Page 8 of 13 Sec. 2- 2394$. Duration of lien. No lien provided under this division shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The city council shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. Sec. 2-2404. Appeal. Any aggrieved party, including the city, may appeal a final administrative order of the coin board special master to the county circuit court. Such an appeal shall not be a hearing de novo, but shall be a petition for writ of certiorari limited to appellate review of the record created before the board. An appeal shall be considered timely if it was filed within 30 days after the hearing at which the order was orally pronounced by the beams special master. The timely filing of an appeal shall not stay the accrual of any fines ordered to be paid pursuant to section 2 -2375. The city clerk may assess a reasonable charge for the preparation of the record to be paid by the petitioner in accordance with F.S. § 119.07. Sec. 2 -241 -2. Service of notices. (a) All notices required by this division shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the city council; or by leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice. Proper notice is presumed where a notice of violation has been mailed to the last known address of the alleged violator, or the mailing address of the property alleged to be in violation, by certified mail, and the alleged violator, his or her agent, or other person in the household or business, has accepted the notice of violation, or refuses to accept the certified mail letter, or where a code inspector, under oath, testifies that he or she did hand deliver the notice to the alleged violator or an adult resident or employee of the business address or household. (b) In addition to providing notice as set forth in subsection (a) of this section, at the option of the ccuc 0Mbrcomont Uoard special master, notice may also be served by publication or posting, as follows: Page 9 of 13 (1) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of a general circulation in the county. The newspaper shall meet such requirements as are prescribed under F.S. ch. 50 for legal and official advertisements. Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051. (2) In lieu of publication as described in subsection (b)(1) of this section, such notice may be posted for at least ten days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be, at the primary municipal government office. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (a) of this section. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a) of this section, together with proof of publication or posting as provided in subsection (b) of this section, shall be sufficient to show that the notice requirements of this article have been met, without regard to whether or not the alleged violator actually received such notice. (e) This section shall not apply to notices of special meetings. (f) Notices shall contain at a minimum, the date, and time of the scheduled meeting of the codo c..fc;:,c, m a� ��t board special master during which time the alleged violator is required to appear; the name and address of the alleged violator, the address or legal description of the property wherein the alleged violations have occurred; and those codes or provisions of a code for which the alleged violator has been cited. Sec. 2 -242. Procedure to Request that a Fine or Lien be Reduced; Conditions and Criteria therefore (a) The owner of real property against which a fine or lien has been imposers may apply to the special master, through the city attorney or his /her designee, for a satisfaction of said fine or lien with less than full payment thereof. No such application shall be considered by the special master until the applicant has first shown that: (1) All ad valorem property taxes, special assessments, city utility charges and other government- imposed liens against the subject real property have been paid. Page 10 of 13 (2) The applicant is not personally indebted to the City of Palm Beach Gardens for any reason. (3) All city code violations have been corrected. (b) In considering an application to reduce a fine or lien no satisfaction thereof shall be approved by the special master with less than full payment thereof, unless the special master shall make a specific finding that no violation exists on the subject real property. (c) The balance of any fine or lien that is reduced by the special master shall be paid on such terms as approved by the special master. (d) If the property forwhich an application for a fine reduction is being considered is owned by a government or quasi - government entity, the special master may reduce such fine even if the violation has not been corrected. Secs. 2- 2423 - -2 -260. Reserved. Section 6. Section 2 -261 of the City's code of ordinances is amended such that is shall read (underline is addition; stFikeeu is deletion): In lieu of and as an alternative to the procedure before the eerie 0r1f:.roa m ont UGard special master, a code inspector ... Section 7: If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this ordinance. Section 8: The provisions of this ordinance shall become and be made a part of the code of laws and ordinances of the City of Palm Beach Gardens, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Section 9: All ordinances or parts of ordinances previously adopted which are in conflict herewith, including, but not limited to Section 2 -1 of the City Code, are hereby repealed to the extent of such conflict. Section 10: The provisions of this ordinance shall take effect the earlier of ninety (90) days from the date of adoption, or that date upon which the City Council shall appoint a Special Master in accordance with the provisions herein. Page 11 of 13 PLACED ON FIRST READING THIS DAY OF , 1998. PLACED ON SECOND READING THIS DAY OF , 1998. PASSED AND ADOPTED THIS DAY OF , 1998 MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK PACP\HISTORW 096 \4.DOC(319.053) COUNCILWOMAN LINDA MONROE COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT Page 12 of 13 Amendment 1 to Ordinance 6, 1998 The text of proposed Ordinance 6, 1998, as approved on first reading, shall be amended as follows: A. Amend Section 10, by replacing the current section with "This ordinance will become effective upon the appointment of a Special Master by the City Council or on February 1, 1999, whichever event occurs earliest." CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: October 19, 1998 Extend the Terms of Office of Two (2) Members to the Board of Trustees General Employees' Pension Fund Subject/Agenda Item Consider a motion to amend Resolution 159, 1996 and extend the term of Stephen F. Parella for one (1) year to the Board of Trustees General Employees' Pension Fund and amend Resolution 152, 1996 and extend the term of Kent Olson for one (1) year to the Board of Trustees General Employees' Pension Fund. Recommendation /Motion: Reviewed by: Originating Dept.: Costs: $ Council Action: Administration Total City Attorney [ ] Approved Finance $ [ ] Approved w/ Current FY conditions ACM [ ] Denied Human Res. Funding Source: [ ] Continued to: Advertised: Other Date: [ ] Operating Attachments: Resolution , 1998 [ ] Other Resolution 159, 1996 Resolution 52, 1997 Paper: [ X ] Not Required Submitted by: Department Director Affected parties [ X ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [ ] Not required BACKGROUND: On November 7, 1996, Steven F. Parella was appointed as a member of the General Employees Pension Fund Board for a term of (2) years, which term of office shall expire on November 7, 1998. On May 1, 1997, Kent Olson was appointed as a member of the General Employees Pension Fund Board for a term of two (2) years, which term of office shall expire on May 1, 1999. However, according to the City of Palm Beach Gardens Code, members of the General Employees Pension Fund Board shall be appointed to three (3) year terms. Staff recommends that the City Council approve the extension of terms for one additional year for Steven F. Parella, which term shall expire on November 7, 1999, and Kent Olson, which term shall expire on May 1, 2000. October 19, 1998 RESOLUTION 115 , 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE EXTENSION OF TWO (2) MEMBERS TERMS FOR ONE YEAR TO THE BOARD OF GENERAL EMPLOYEES' PENSION FUND OF THE CITY OF PALM BEACH GARDENS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 3 -128 of the Palm Beach Gardens Code of Ordinances provides for the appointment of members to the City of Palm Beach Gardens Board of Trustees General Employees' Pension Fund, WHEREAS, the City of Palm Beach Gardens Code provides for the appointment of members to three (3) year terms, WHEREAS, pursuant to Resolution 159, 1996 and Resolution 152, 1996 Steven F. Parella and Kent Olson, respectively were appointed to two (2) year terms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Pursuant to Section 3 -128 of the Palm Beach Gardens Code of Ordinances, the City Council hereby amends Resolution 159, 1996 and extends the term of Stephen F. Parella to the Board of Trustees General Employees' Pension Fund for one (1) year, which term of office shall expire November 7, 1999. Section 2. Pursuant to Section 3 -128 of the Palm Beach Gardens Code of Ordinances, the City Council hereby amends Resolution 52, 1996 and extends the term of Kent Olson to the Board of Trustees General Employees' Pension Fund for one (1) year, which term of office shall expire May 1, 2000. Section 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF NOVEMBER 1998. JOSEPH R. RUSSO, MAYOR Resolution 115 , 1998 Page 2 ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO APPROVED AS TO FORM AND LEGAL SUFFICIENCY 14 011':N"40 ►7-1 AYE NAY ABSENT November 4, 1996 RESOLUTION 159, 1996 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPOINTING ONE MEMBER TO THE GENERAL EMPLOYEES PENSION FUND BOARD OF THE CITY OF PALM BEACH GARDENS, FLORIDA; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Fla.. authorizes and governs the establishment of the General Employees Pension Board; and WHEREAS, the term of a certain member of the General Employees Pension Board of the City of Palm Beach Gardens has expired; and, WHEREAS, the City Council desires to fill the vacancy; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Steven r- Pa re l 1 a is hereby appointed as a member of the General Employees Pension Fund Board for the City of Palm Beach Gardens, Florida, to filled the expired term of Win Weldon for a term of two (2) years, which term of office shall expire on November 7, 1998. Ste. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS �aDAY OF t ATTEST: LINDA V. KOSIER, CMC, CITY CLERK ` -f Mii� VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE ✓ COUNCILMAN JABLIN ✓ COUNCILMAN CLARK —� , MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY 40MAS-NAIRD, M57 -AZT" Y NAY ABSENT April 28, 1997 RESOLUTION 52, 1997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF ONE MEMBER TO THE GENERAL EMPLOYEES PENSION FUND BOARD OF THE CITY OF PALM BEACH GARDENS, FLORIDA; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ea. SM. authorizes and governs the establishment of the General Employees Pension Board; WHEREAS, the term of a certain member of the General Fmnloyees Pension Board of the City of Palm Beach Gardens has expired; and, + WHEREAS, the City Council desires to fill the vacancy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1• Ven+- n1 ��" , is hereby appointed as a member of the General Employees Pension Fund Board for the City of Palm Beach Gardens, Florida, to fill a two (2) year, which term of office shall expire on May 1, 1999. Section 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS IDAY OF I ATTEST: TINDA V. KOSIER, CMC, CITY Ci -FRK tTIPROVED AS TO FORM AND LEGAL SUFFICIENCY j CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO f VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN 3ABLIN ✓ COUNCILMAN CLARK .� CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date:October 26, 1998 Meeting Date:November 5,1998 Subject/Agenda Item First Reading for Resolution 116, 1998: A request for the approval of the Art in Public Places for the MacArthur Center Office Building located at the northeast corner of PGA Boulevard and Fairchild Gardens Avenue. Recommendation /Motion: It is recommended that Resolution , 1998 be approved with one condition. Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorney Growth Management Total [ ] Approved first reading Finance NA $ [ ] Approved w/ conditions ACM Current FY [ ] Denied Human Res. NA Other NA Funding Source: 9 [ ]Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ )Not Required [ ] Other Resolution , 1998 Submitted by: Growth Management Director Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [ ] Not required BACKGROUND: Dorrie Ornstein, agent for Stiles Corporation, is requesting approval of the art in public places proposed at the MacArthur Center site. The site is located at the northeast corner of PGA Boulevard and Fairchild Gardens Avenue. The site plan for the MacArthur Center Office Building proposes a 76,112 square foot 4 -story office building on a 5.31 -ac4 parcel within the Regional Center Development of Regional Impact. The site plan was approved on March 19, 1998 by Resolution 21, 1998. Per Ordinance 12, 1993, Art in Public Places, new construction, renovation, or remodeling of any improvement with a minimum construction cost of $1,000,000, shall include an amount of 1% of the total budget as a fee for the provision of art work on the project site. Instead of providing the artwork on the project site, a developer may choose to contribute 0.5% of the total construction costs as the required art fee directly to the City for inclusion in the City's art account. The petitioner is proposing a bronze sculpture created by David H. Turner. The sculpture is proposed to be located in the center of the fountain north of the building and has three blue herons on tree branches with cattails. The MacArthur Center total project costs are estimated at $3,500,000. Under the terms of the Art in Public Places Ordinance, the petitioner is required to pay $35,000 (1 % of the total budgets) for art on the project site. The applicant has indicated that the cost of the proposed sculpture would be $47,700. At its September 18, 1998 meeting, the Art Advisory Committee reviewed the proposed art for the MacArthur Center Office Building and recommended (4 -1) the approval of the sculpture with the following condition: The sculpture be placed by the walkways on PGA Boulevard at the southern portion of the site, and have up lighting and landscaping around its base, similar to the base of "Doctor and Patient Relationship" sculpture at the Good Samaritan building. RESOLUTION 116, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF THE ART IN PUBLIC PLACES PROPOSAL FOR MACARTHUR CENTER OFFICE BUILDING GENERALLY LOCATED AT THE NORTHEAST CORNER OF PGA BOULEVARD AND FAIRCHILD GARDENS AVENUE; PROVIDING FOR A CONDITION OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens approved the site plan for MacArthur Center Office Building by Resolution 21, 1998 for the construction of a 76,112 square foot 4 -story office building on a 5.31 -acre parcel within the Regional Center at the northeast corner of PGA Boulevard and Fairchild Gardens Avenue; WHEREAS, Stiles Corporation, has requested the approval of the proposed art for MacArthur Center Office Building in compliance with Section 106 -29 of City Code requiring Art in Public Places; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens hereby approves the proposed Art in Public Places for MacArthur Center Office Building. Section 2, The proposed Art shall be in compliance with the following plan on file with the City's Growth Management Department: Sketch by David Turner dated July 31, 1998 Section 3, Said approval shall be subject to the following condition: JJ&) I Nu n,4 .cam The sculpture shall be placed Valkways on WA Boulevard at the southern portion of the site, �La,L6e�r ed ex_/ and have up lighting and landscaping consisting of hedge materials acceptable to the City Forester . around its base. Section 3, This Resolution shall be effective upon the adoption. INTRODUCED, PASSED AND ADOPTED THIS THE DAY OF , 1998 JOSEPH RUSSO, MAYOR ATTEST: LINDA V. KOSIER BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK \bk Resolution 116, 1998 Page 2 APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: November 5, 1998 Date Prepared: October 12, 1998 Subject/Agenda Item Consideration of approval for petition SP- 98 -16, a request by Neil Gaeta, agent for Lou Gaeta Development Co., for site plan approval for a 13,905 square foot Walgreens store and a 2,910 square foot Pollo Tropical restaurant. The total land area is 3.56 acres and is located on the north side of Northlake Boulevard approximately 1 mile east of 1 -95. (18- 42S -43E) Recommendation /Motion: Staff recommends that Resolution117 1998 be approved. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ J Finance NA $ [ ] Approved w /condition. ACM Current FY [ ] Denied Human Res. NA Other NA Advertised: Funding Source: [ ] Continued to: Date: [ J Operating Attachments: Paper: [ ] Other Resolution , 1998 City Engineer Comments [ ] Not Required City Forester Comments Submitted by: Groh a ent 9 Affected parties p Budget g t Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [ j Not required BACKGROUND: Currently, the site consists of a vacant house and a circular asphalt drive which connects to Shadbery Street. The applicant plans to raze the existing building. The applicant has indicated that Palm Beach County will be controlling access from Shadbeny Street to Hilltop Mobile Home Park directly north of the site. The applicant had previously applied for concurrency and received approval in October 1997. Agenda Cover Memorandum Date: November 5, 1998 Page 2 Review Process: This is a request for site plan approval, which is not associated with a PCD. This means that any deviation from the code will require a variance from City Council. Because the proposed site is larger than 3 acres, the request is considered a major site plan. The site plan request is reviewed by the Development Review Committee, which forwards comments and recommendations to the Site Plan and Appearance Review Committee. Acting in an advisory role, the Committee makes a recommendation on the proposed request to the City Council. The City Council reviews the request for site plan amendment approval for consideration of approval, approval with conditions, or denial. Code Compliance: Front Setback 1 50' Parking Spaces- Pharmacy Parking Spaces - Restaurant Parking Dimensions Open Space Provided Commercial Residential Medium Walgreens: 90'0" Pollo Tropical: 837" Walgreens: 184'6" Pollo Tropical: 55'11" Walgreens: 90'6" Walgreens: 189'6" Pollo Tropical: 227'9" 1/200 sf floor 70 spaces area 13,905/200 =70 1/3 seats + IN of 40 spaces employees at peak hour 76/3 +7 =33 10' x 18.6' 10' x 18.6' Angled: 10' wide 10' wide 15% Min. 149.1% 2 Compliance Yes Yes Yes Yes Yes Yes Yes Yes Yes Agenda Cover Memorandum Page 3 Building 36' Max. Height Building Lot 35% Max. Coverage Project Details: Date: November 5, 1998 28' (Walgreens & Pollo Yes Tropical) 11% 1 Yes The subject property is 3.556 acres and is located on Northlake Boulevard, approximately 1 mile east of 1 -95. The site is surrounded by Hilltop Mobile Home Park on the north, vacant land on the south, Pep Boys on the east and Palm Beach County Land to the west. Phases The project will be developed in two phases. The first phase will consist of a Walgreens store on 1.54 acres with 13,905 square feet. The second phase will be a Polio Tropical restaurant on 0.64 acres with 2,910 square feet. Walgreens The elevations for Walgreens depict a front entry feature with columns and a canopy on both the western and southern elevations. It includes a drive - through with two lanes. The proposed entrance will have a ground sign, which will be 14 feet in width and 10 feet in height. It will be internally illuminated and will contain the corporate Walgreens symbol of a mortar and pestle. In response to comments made by members of the Site Plan & Appearance Review Committee on the lack of architectural detail on Walgreens on both the August 25, 1998 and September 22, 1998 meetings, the applicant has added raised relief columns on all four sides of the building. Also in response to the requests of the Committee members, the applicant has revised the elevations by continuing the mansard roof on the western side to wrap around on the northern side. Pollo Tropical The Polio Tropical's standard exterior colors include peach, dark peach and white with red "Polio Tropical" lettering on the western and southern elevations (towers only). The building will consist of textured stucco with three white accent bands around the entire building. The entrance feature will be a 28 foot tower with an arch opening and columns. The southern, eastern and western facades will contain storefront windows matching the style of the entrance door. The roof will consist of Spanish clay roof tile. There will be a drive- through lane, which will be heavily landscaped. At the Site Plan and Appearance Review Committee meeting of August 25, 1998, it was suggested that the colors of both buildings be blended to present a more compatible project. The applicant has responded to this suggestion by adding the Polio style peach as banding around the Walgreens building. Colored renderings will be displayed at this meeting. Engineering Agenda Cover Memorandum Date: November 5, 1998 Page 4 Congress Avenue There are several major issues regarding this project. The first is that the development is closely tied to the construction of Congress Avenue. According to the applicant, construction is scheduled to begin on January 1, 1999. Staff is concerned about the closing of Shadberry Street before completion of Congress Avenue. The applicant pointed out that the County will ultimately be responsible for ingress and egress to Hilltop Mobile Home Park. Deceleration Lane Another roadway issue is the proposed deceleration lane on Northlake. This lane will extend along the entire length of the site. This lane is now shown on the site plan, civil engineering plan and landscape plan. The applicant has assured Staff that this lane will be constructed by Palm Beach County. If it is not, the applicant will be required to provide a minimum stacking distance of 100 feet for incoming vehicles before encountering opposing traffic movements. At the Site Plan and Appearance Review Committee meeting, the Committee members added a condition of approval that the deceleration lane be lengthened by 35 feet given the congestion of Northlake Boulevard. The applicant has lengthened the lane accordingly. Drive - through Lane Another issue arose with the need for a pass -by lane to run adjacent to the drive - through lane for Pollo Tropical. The applicant has changed the configuration of the drive - through (please see site plan). Staff has no objections to this proposal. Wheel Stops Another issue raised was the need for wheel stops. The applicant said that Walgreens requested that no wheel stops be used to prevent injuries by those who might trip over them. However, at the September 22, 1998 Site Plan and Appearance Review Committee meeting, the applicant agreed to use wheel stops at all parking space locations. These are now shown on the site plan. Ms. Jacobs has reviewed the changes provided by the applicant on October 5, 1998 and recommends approval with one condition. The applicant will need to gain permission from the appropriate utilities to landscape, pave and add a sign in the utility easements. Planninq /Landscaping City Forester Mark Hendrickson indicated that Walgreens needs foundation landscaping within 15 feet of the building on the southern and western building elevations. The applicant has provided additional landscaping outside of the canopy area, the drive - through lanes and the loading area. He also suggested that the applicant design the wall and landscaping on the northern section of the site similarly to Pep Boys (with landscaping on both sides of the wall and set back in line with Pep Boys). The applicant has shown the wall on the site plan and the landscape plan. Sidewalks Mr. Hendrickson requested a sidewalk along Congress Avenue that extends to the northern perimeter of the site. The applicant has agreed to construct the sidewalk if Palm Beach County does not. A condition will be added to the development order which will ensure construction of 4 Agenda Cover Memorandum Page 5 the sidewalk. Date: November 5, 1998 Future vehicle access Adjacent to this site on the east is another site with a proposed site plan. Staff believes it would be beneficial to tie the two sites together. The applicant has agreed to create a future vehicle access easement, which will be along the rear of the section of the site zoned Commercial. This easement is now shown on the plans submitted September 25, 1998. With the addition of the easement, the applicant has placed seven parking spaces within the portion of the site zoned residential medium. Staff has agreed to this given the importance of the connection between the two sites. Other future concerns Mr. Hendrickson recommends approval with three conditions (see attached). If Pollo Tropical is not developed, the applicant will be required to temporarily irrigate, sod and maintain the vacant area. Finally, Mr. Hendrickson would like to condition that the applicant comply with possible future roadway plans. Other Departments Jay Spencer of the Police Department asked whether or not Walgreens will have a camera recording at the drive - through window. The applicant said he did not know, but would ask Walgreens. The Fire Department has no adverse comments at this time. Building Official Jack Hanson had recommended that the "Polio Tropical' logo on the eastern elevation (on the 28 foot tower) be relocated to the western side facing Walgreens. The applicant has not done so. The code allows for a sign at the entrance to a building and along a right -of -way. The applicant would like to have their entrance sign on the opposite side. Staff recommends that the applicant comply with the code. Seacoast Utility Authority has no concerns at this time. Site Plan & Appearance Review Committee On August 25, 1998, the Committee discussed several issues. One was circulation around Pollo Tropical. The Committee suggested that the circulation be counter - clockwise. The applicant has responded by placing one -way directional arrows around the restaurant (see site plan). Another issue was architectural detail, which was previously mentioned. The applicant added raised architectural columns. Lastly, the need for more landscaping along Northlake was suggested. The applicant has added some more landscaping around the Walgreens ground sign and on both sides of the paths from the bus stops to the buildings. The applicant will also be displaying a rendering of Walgreens as it would appear from the future Congress Avenue looking south. At the September 22, 1998 meeting, the architecture was mentioned again. The Committee members added a condition that the mansard roof tie around to the northern side of the building. The applicant has revised the elevations accordingly. Also, as mentioned .previously, the Committee members added another condition to lengthen the deceleration lane by 35 feet. The applicant has complied. The petition passed with a 6 -0 vote with the conditions that the petitioner follow their two additional conditions and those suggested by the Growth Management Staff. Agenda Cover Memorandum Date: November 5, 1998 Page 6 IV. RECOMMENDATION (Monitoring Entity) The Growth Management Department recommends approval of this petition with the following conditions: , 1. Construction of the deceleration lane along Northlake Boulevard shall be completed by Palm Beach County before the issuance of the first Certificate of Occupancy. (Building) 2. Construction of a sidewalk along Congress Avenue for the entire western boundary of the site shall be completed before the issuance of the first Certificate of Occupancy. (Building) 3. The future planting proposed in the northwest corner of the site shall be installed within thirty days of the removal of the temporary access road located at the northwest comer of the site, including the extension of the wall and associated landscaping along the northern buffer. (Code Enforcement) 4. if Polio Tropical has not commenced construction prior to the Certificate of Occupancy of Walgreens, the vacant area associated with phase two of this project shall be sodded, temporarily irrigated and maintained per City standards. (Code Enforcement) 5. The applicant shall comply with all requirements of the Roadway Beautification and Enhancement Plan once same is established by the City of Palm Beach Gardens. Specifically, the applicant shall provide improvements in accordance with said plan in the following public right -of -ways: (1) In the median and along the north right -of -way line of Northlake Boulevard from the eastern terminus of their property'to the Congress Avenue right -of -way. (2) In the median and along the east right -of -way line of Congress Avenue from Northlake Boulevard right -of -way to the northern terminus of their project. 6. Any proposed shopping carts shall be stored inside Walgreens and collected by Walgreens personnel from the parking lot every hour. (Code Enforcement) C • • MacArthur Center Palm Beach Gardens, Florida As I slim D. � 1, A I -L4V \ lg IOL lu 1VkN [� �L— WILDLIFE & NATURE FINE ART • 15695 76th Trail No., Palm Beach Gardens, FL 33418 Phone (561) 743 -3100 Fax (561) 744 -7122 July 31, 1998 R Ms. Bahareh Keshavarz' Planning & Zoning Department City of Palm Beach Gardens 10500 No. Military Trail _ Palm Beach Gardens, FL 33410 Re: Art in Public Places MacArthur Center Palm Beach Gardens, FL Dear Ms. Keshavarz: • We are agents for Stiles Corporation, developers of the new MacArthur Center at The Gardens Mall, in placing their required Art in Public Places. Please accept this letter as our formal request for the approval of the enclosed bronze sculpture. This sculpture is created by David H. Turner, world renowned wildlife sculptor. Mr. Turner is creating a unique image for The MacArthur Center based on a previous work. Enclosed please find photographs of that previous work which depicts two great blue herons on tree branches with cattails. Also enclosed is an artist's sketch of the piece we intend to place in front of the MacArthur Center. This piece has three great blue herons on tree branches with cattails; one of the birds will be a stalking heron, one a preening heron and the third will be an alert heron. The sculpture will be 9' tall, bronze with a blue patina on the birds. This sculpture will sit in the center of the fountain that has previously been approved during the site plan approval process. The cost of this sculpture is forty-seven thousand seven hundred dollars, which should be more than sufficient to meet the requirements of the Art in Public Places ordinance. Upon completion of the installation, if necessary, we will provide copies of the paid invoices to the city. Enclosed please find the sketch of the proposed sculpture, photographs of the previously • completed commission and a complete resume of David H. Turner. • July 31, 1998 Ms. Bahareh Keshavarz MacArthur Center Art in Public Places Page Two We would appreciate being placed on the first agenda for the Art in Public Places Committee after August 24, 1998. (as we will be out of town until then) The artist has already started this commission as the Stiles Corporation has a deadline of October 24, 1998 for completion of their project. As of this date we have scheduled delivery and erection of the sculpture for October 24,1998_ If you have any questions, you can contact me after August 24,1998. Once again, I would like to thank you in advance for all of your cooperation, as we do have a tight time frame. Sincerely • Dome K. Ornstein Art Consultant Encls. Cc: Mr. Ray Hensler, Stiles Corporation n U • David H. Turner David Hunter Turner, bom on the Eastern Shore of Virginia on March 5, 1961, is the son of sculptor William Turner. At the age of seven, he began modeling animals in stoneware clay, which were fired at the family's porcelain factory in Accomac, Virginia. Along with his father, he made visits to the studio of Robert Henry Rockwell, a sculptor and curator of the American Museum of Natural History, who had retired on the Eastern Shore. As a youngster, David Turner studied sculpture informally with his father and worked in the porcelain factory. His interest in animal sculpture grew as he continued to create stoneware clay figures and work at the potter's wheel during his high school years. Following his father's example, David Turner became an avid naturalist and outdoorsman. In 1979 Turner enrolled at the College of William and Mary in Williamsburg, Virginia. While pursuing a degree in biology, he frequently chose field courses to strengthen his knowledge of animal habit and anatomy. In the summer of 1982, he released peregrine falcons into the wild as part of Cornell University's falcon reintroduction program. At William and Mary, Turner also studied pottery and sculpture, including bronze casting, with Carl A. Roseberg. During this period, William Turner sold the porcelain business and built a bronze foundry to cast his own sculpture. His father cast David Turner's first work in bronze, a bison. In 1983 he received a B.S. degree in biology and a minor in studio art. After graduation he • married a fellow student, Beverly Anne Crossett, of Arlington, Virginia. Turner took a job in Bethesda, Maryland, as supervisor and caretaker at a laboratory animal facility for the Navy's Uniformed Services University of the Health Sciences. Although he cared for the animals, he did not like the sterile atmosphere of the facility and was dissatisfied with life in the city. By this time, William Turner's work in sculpture had grown to the point that he required assistance in the bronze foundry, so David Turner returned to the Eastern Shore. Given the job of foundry manager, he was put to work on the production of his father's sculpture and, upon occasion, was given design responsibilities. He began creating fish and waterfowl designs for jewelry, which he cast in pewter and sold in the family gallery. The business thrived, and the operation of Chesapeake Wildlife Designs, including the foundry and a gallery, moved to its present location near Onley, Virginia. David Turner's interest in sculpture was heightened and soon he was creating his own work that epicted the Eastern Shore's native wildlife. As a partner in the family business, now named Turner Sculpture, David Turner creates sculpture of wildlife, cast in limited edition, and accepts commissions for public sculpture. He created some of these commissioned works in collaboration with his father. Together, they installed a flock of fourteen Canada Geese landing in a pool near the main entrance to the Chicago Botanic Garden in 1989. Generations, a trio of playful dolphins in an underwater setting, was designed for the lobby of the Esperante Building in West Palm Beach, Florida, and two groups of Lookdown Fish were commissioned by the Virginia Marine Science Museum in Virginia Beach in 1984. • Besides working with his father William Turner on large commissions, David Turner has received many independent commissions from prestigious organizations. In 1987, he modeled a pair is of Bottle -nosed Dolphin and a Loggerhead Turtle for the Dolphin House at Chicago's Brookfield Zoo. A pair of dolphins bursting from the water made a lively fountain installed in 1987 at the Mystic Seaport Museum in Mystic, Connecticut. A sculpture of three separate figures entitled Whitetail Doe and Fawns was placed in 1989 at the Coffin Memorial Arboretum of the University of Wisconsin at Green Bay. In 1990 he modeled Black Bear Family, a life -size group of four playful cubs surrounding a mother bear scooping honey from a cavity of a tree. Castings of this sculpture were placed at the Frances Pew Hayes Bear Museum in Naples, Florida, and at the Philadelphia Zoo in 1991. Before being placed at the zoo, Black Bear Family was the centerpiece of an exhibit including the sculpture, Penguins, by Albert Laessle, at the Philadelphia National Flower Show. In 1991, David designed a life -size Baby Giraffe, which was placed inside the zoo's giraffe house.For the Virginia Fish and Game Commission he designed a series of small sculptures depicting endangered species that they will sell to benefit the Commission. The first in the series was a Bewick's Wren perched on a branch, which is now sold out. The second in the series was a Northern Flying Squirrel, and the most recent small sculpture is the Piping Plover. He has since done a sculpture of a Pine Barrens Tree Frog for the State of New Jersey, a Burrowing Owl for the State of Florida, and an Osprey Bust for the Chesapeake Bay Foundation in Annapolis, Maryland. Recently, a Black Bear sculpture was installed at the Coast Guard Academy in New London, Connecticut, and collosal size Otters were installed for the Virginia Marine Science Museumin Virginia Beach, Virginia. David also has designed an Eagle and Eaglets for the Daughters of the American Revolution which has been installed in Washington, D.C. at their headquarters, and an Bald Eagle at the National Zoo in D.C. for the Children of the American Revolution. He is now working on a Lioness and Cubs for the North Carolina Zoological Park in Asheboro. Besides the wildlife sculpture that comprises much of his work, David Turner depicts the human figure. He has accepted a number of private commissions of portrait sculpture and has designed a life -size group of two children feeding barnyard animals, which was placed in 1990 at Youth Haven, an orphanage in Naples, Florida. Turner has taught a course in the theory and practice of sculpture at Eastern Shore Community College near his home in Onancock, Virginia. n �J 3Z. .�, °� #•_:::'sal..'.•• _ I r. +�, � � � lam' • .� i � I `' gj rah a�N�'•t f • _ _ _ : y ARM W,. Y� "l ice•- - ''k '--r? Se: . a �• _ LIU- FWI 11. u -�..� - `?�ci`^•;� ? �J1 _ to y :.tt ry .•y r Y - � F l5 , I �j f " � <- � - _� ;ia�' f • f • h '4L r� N �c ' I u !I J A Partial: Listing `. LIN$3BBIZGI3 MEM®;lt•IAL This life size Bald -Eagle was commissioned by Anne Morrow Lind bergli in 1979 It is,.located m.the Lindbergh: Mitseurn :in Little •Falls; .Nhnnesota: VIRGINIAMARINE SCI64!CE MUSEUM .- Two:pieces were _cornnu n_ed for' or the museum located m,Virgirua Beach ;.Virgin a At the entrance are.three Lookdown:Fish. °P his piece, s zteerifeet longand'- . four fget high, was installed m 1985 Iri the main recel tioAarea "a School of Lookdown.Fish swim around eight. and'.one half feettall pilings encrusted wrth oysters, and barnacles`.This -piece was commissioned, in COI hIER COU1V Y CONSERVANCY The Conservancy rri Naples, xFlorida is home to several of. , our pieces. In 1985 twa =life size Ihvi`ng Pelicans were placed in, an ouidoor.pool near -the entrance. The ,life size Florida Panther was commissioned in 1986 and a.pair of Ahri ingas was- placed'in lobby of the'.Blair House m 1pecember, 1988: CI3ICAGO IiOTANIC GARDEN A lrfe size Canada Goose is a- per;rrfarient outdoor "piece here..A flock of thirteen Canada Geese landing inapool of water is under development atthis time.`Th -is mece 'willhe fifteen feet tall - MYS`T'IC SEAPORT MUSEUM This DolphimFountain was installed at.Mystic Seaport m Mystic, Connecticut m September, 1987 The two life size dolphins are jumping from a pool with a spray of water'under, their-.tails • CI]EICAGO Z ® ®LQGICAh SOCIETY A twelve feet tall sculpture = "of ,.two Bottle- nosed Dolphins and a Loggerhead Turtle was installed in front of-the new Dolphin House ;of the •Brookfield Zoo in ALEREE FILIGIEIT'MEIVIORIA "L This hfe =srze Golden =Eagle Clasping a`Pintal I).uck was commis- ` Y- sione`d in honorof G NormanA_fbree who ii-nvented the,rrionoplanemrcraft It was installed in Swamp ' seott; Massachusetts on"J:uly 4;.1987 ' -LEES -McRAE COLLEGE A life size B lack Bear was installed on this college campus inBannefEllc, North -1Caiolina in1988 A pair,of life- size-Bobcats for the: college are presently underway. BIZOOKGREEN :GARDENS = We were honored to have -our Great,Elue heron accepted for perma nenf display >at this prestigious institution in:Murrells Inlet; South Carolina.in 1987. ESPERA 'TE BUILDING This life -size, sculpture, `.'Generation; 'was installed °in this West Palm Beach; Florida building iiiMarch,1989.' It features a,family of d0tphins,in anunderwater setting with: _coral., fish, an octopus, and,a turtle: UNIVERSITY OF.WISCONS, N A 1-fe -size Whife tailed Doeand Fawns,are presently in,develop meet -for the - University, in Green Bay; .Wisconsin: . YOUTH I4AVEN Work will.soon begin on a life= size -BA rnyard Scene featuring two children and `farm`: ariimals for .this Naples,' Florida,orphanage • r� u The Turners are represented at major museums, zoos, and college campuses throughout the U.S. Here is a partial listing of our monumental sculptures. ALBREE FLIGHT MEMORIAL, Swampscott, MA - Golden Eagle Clasping a Pintail Duck AMERICAN MUSEUM OF NATURAL HISTORY, New York - Timber Wolves BENSON PARK SCULPTURE GARDEN, Loveland, CO - Alligator BROOKGREEN GARDENS, Murrells Inlet, SC - Great Blue Heron, Alligator, and Timber Wolves CHICAGO BOTANIC GARDEN - Canada Geese CHICAGO ZOOLOGICAL SOCIETY, Brookfield Zoo - Bottle -nosed Dolphins and a Loggerhead Turtle and Baby Giraffe MacARTHUR CENTER, CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS, Norfolk, VA - Whitetail Fawn COLLEGE OF WILLIAM & MARY, Williamsburg, VA - Great Blue Heron and Bald Eagles COLLIER COUNTY CONSERVANCY, Naples, FL - Diving Pelicans, Florida Panther and Anhingas CONGRESSIONAL CLUB - Fox Weathervane for Barbara Bush CONSTITUTION HALL, Washington, D.C. - Eagle & Eaglets for the Daughters of the American Revolution CURRITUCK CLUB, Outer Banks, NC - Canada Geese CYPRESS GARDENS, FL - Anhingas EASTERN SHORE OF VIRGINIA NATIONAL WILDLIFE REFUGE, Cape Charles - Canada Geese ESPERANTE' BUILDING, West Palm Beach, FL - Generation, a family of dolphins LEES -McRAE COLLEGE, Linville, NC - Black Bear and Bobcats LINDBERGH MEMORIAL, Little Falls, MN - Bald Eagle MEDICAL COLLEGE OF VIRGINIA, Richmond, - Boy on Stilts MYSTIC SEAPORT MUSEUM, Mystic, CT - Dolphin Fountain NATIONAL ZOO - Bald Eagle for the Children of- the American Revolution NATIONAL AUDUBON SOCIETY, Corkscrew Swamp, Naples, FL - Woodstorks — NORFOLK BOTANICAL GARDEN -Great Blue Herons NORTH CAROLINA ZOOLOGICAL PARK, Asheboro, - Lioness and Cubs PHILADELPHIA ZOO - Black Bear Family SALISBURY ZOO, MD - Whitetail Fawn Fisherman, Otter & Fish, Red - Tailed Hawk, SALISBURY STATE UNIVERSITY, MD - Timber Wolves, Rutting Bucks, Boy on Stilts, Black Bear Family, and Bobcats UNITED STATES COAST GUARD ACADEMY, New London, CT - Black Bear UNIVERSITY OF ARKANSAS - Chicken Family UNIVERSITY OF VIRGINIA, Charlottesville - Rutting Whitetail Bucks UNIVERSITY OF VIRGINIA HEALTH SCIENCES CENTER, Charlottesville - Pileated Woodpeckers UNIVERSITY OF WISCONSIN, Green Bay - Life -size Whitetail Doe and Fawns VIRGINIA MARINE SCIENCE MUSEUM, Virginia Beach - Lookdown Fish and River Otters WESTINGHOUSE CORPORATION, Naples, FL - Alligator and This WHITE HOUSE - Bonefish, for Pres. George Bush YOUTH HAVEN, Naples, FL - Barnyard Scene and Black Bear / /.j �Q'C• x, i:4f.s .#'Ja a "yy�4FCtF",� �' {'.r �l.'. F _ /'�j - 1iYn".'.i :ii rah L-J � 7 =rem '-,. rtc• y! -fix i=ce k ':'�+ � ±' 'g t� � •� 4!'" �r �ij� l5 � ••Lr iAn•' z v �' yT ter 1'Wi -+° t �gr. r 3i t. `yt k i y..� aka ■ ■�j /� l ;d�� ' /,: Jf�' "y' / `� '�. r ,tea a ?•�1� r 'm• li i A •f •�3.: � �� aai � +'�+m `{^ � ms`s tlf ol?lfll�� 711 Jll- `° � ��`-� Wes+ ° • i �% , :r $J/ gyp • f • i � rl. ^ I . - .�. �� Y pi 'LD.-- � F, � _ �,. �,., t =,fits •.,, . w i dim -71 46w0 At Qm S o'! z ��y4I -1• � 1� � s J '1 - � 1 •' • f� /'t/ -�.- .9 '' a M1�' 1. j S _ 3t a �/ � � �� s�-8� r - ,� � #-�y � � �f � � �,�€ 6 � \ �� +� i��`- �'��y',�n� • +tip ` y+'j`!]i��' Aw ��a �� f `�:� `� `+�- Y �ac' .nom# � o �\ \ � � r s+,"�gIp�q� � ►i� t tta��,r VIP ®o+. ?•'s si a .' 'ilk r i OA jg �/�two /II�a + :. ,� ,C'ar �`- �,. \� .f � � y `z. F; ?•.°fi1 }�: ,- �t.iti 'tea' �+',, .ce . h ��"` •r �r' 4 ,! 3� tam •1 ' 'w , 10/26/98 Revised 11/2/98 RESOLUTION 117, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR SITE PLAN APPROVAL OF 16,815 SQUARE FEET OF COMMERCIAL USE TO BE KNOWN AS NORTHLAKE /CONGRESS COMMERCIAL CENTER, WHICH SHALL INCLUDE A RETAIL DRUG STORE AND A DRIVE - THROUGH RESTAURANT GENERALLY LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD APPROXIMATELY ONE MILE EAST OF I -95; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received a petition from Lou Gaeta Development Company to approve a site plan for the construction of Northlake /Congress Commercial Center, totaling 16,815 square feet, to be located on the north side of Northlake Boulevard approximately one mile east of I -95; WHEREAS, the City's Growth Management Department has recommended approval of the. Northlake /Congress Commercial Center site plan; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the site plan for the construction of a 13,905 square foot retail drug store and drive- through and a 2,910 square foot restaurant and drive - through located on the north side of Northlake Boulevard approximately one mile east of I -95;. SECTION 2. Approval of the site plan is based upon compliance with the following conditions of approval: (1) Construction of the deceleration lane along Northlake Boulevard shall be completed before the issuance of the first Certificate of Occupancy. If a deceleration lane is not constructed, a Certificate of Occupancy may be issued only upon amendment to the site plan to provide a minimum stacking distance of 100 feet for incoming vehicles from Northlake Boulevard before they encounter opposing traffic movements. Said amendment shall be subject to review and approval by the City Engineer. (Building) (2) Construction of a 5 foot sidewalk along Congress Avenue for the entire western boundary of the site shall be completed before the issuance of the first Certificate of Occupancy. (Building) (3) The future planting proposed in the northwest corner of the site, labeled "access easement" on the site plan, including the extension of the wall and associated landscaping along the northern buffer, shall be installed within thirty days of the removal of the temporary access road located at the northwest corner of the site. (Code Enforcement) (4) If the restaurant has not received its first building permit prior to the issuance of the Certificate of Occupancy of the retail drug store, the vacant area associated with phase two of this project shall be sodded, temporarily irrigated and maintained per City standards. (Code Enforcement) (5) The applicant shall comply with all requirements of the Roadway Beautification and Enhancement Plan once same is established by the City of Palm Beach Gardens. Specifically, the applicant shall provide improvements in accordance with said plan in the following public right -of -ways: Resolution 117, 1998 Page 2 A. In the median and along the north right -of -way line of Northlake Boulevard from the eastern terminus of this site to the Congress Avenue right -of -way. B. In the median and along the east right -of -way line of Congress Avenue from Northlake Boulevard right -of -way to the northern terminus of this site. (6) Any shopping carts associated with this commercial use shall be stored indoors and shall be collected from the parking lot every hour. SECTION 3. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: 1. October 12, 1998 Site Plan, Lou Gaeta Development Co.., Sheet 2.1 2. October 12, 1998 Landscape Plan, Seminole Bay Land Co. /Alan Strassler Architects, Inc., Sheets LS -1, LS -2, IR -1, IR -2. 3. September 24, 1998 Walgreens Elevations, Richard Wensing/Alan Strassler Architects, Inc., Sheet A2.1. 4. October 2, 1998 Photometric Plan, Richard Wensing/Alan Strassler Architects, Inc., Sheet EO.IA. 5. October 1, 1998 Pollo Tropical Floor Plan, CKE Group Inc., Sheet A -1 6. October 1, 1998 Pollo Tropical Kitchen Equipment Plan & Seating Layout, CKE Group Inc., Sheet A -1. 7. October 22, 1998 Pollo Tropical Elevations, CKE Group Inc., Sheet A -6, A -7. 8. October 2, 1998 Civil Engineering Plan, Jonathan T. Ricketts, Inc., Sheet 1. 9. May 29, 1998 Boundary and Topography Survey, Pulice Land Surveyors, Inc., Sheet 1. SECTION 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS THE DAY OF , 1998. JOSEPH RUSSO, MAYOR Resolution 117, 1998 Page 3 ATTEST: LINDA V. KOSIER m. VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK Resolution 117, 1998 Page 4 APPROVED AS TO LEGAL FORM AND SUFFICIENCY. ' CITY ATTORNEY AYE NAY ABSENT • J! E LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CCNSULT,NG ENGINEERS. SURVEYORS & MAPPERS MEMORANDUM TO: Marty Minor PROM: Tammy Jacobs DATE: October 8, 1998 SUWECT: Northlake/Congress Commercial (LBFH File No. 96.2101) We have reviewed the revised Civil Engineering Plan prepared by Jonathan T. Ricketts, Inc., revised Site Plan prepared by Alan Strassler Architects, Inc., Photometric Plan prepared by Cooper Lighting and revised Landscape Plan prepared by Seminole Bay Land Company received October S, 1998. We offer the following comments. 1) Previously Satisfied. 2) 3) 4) 5) 6) 7) 8) 9) 10) Satisfied. The applicant has shown an access driveway from Congress Avenue to the Hilltop Gardens' off -site connection. Previously Satisfied. Previously Satisfied. Satisfied. The Site Plan prepared by Alan Strassler was revised to correctly show the improvements to Northlakc Boulevard and Congress Avenue. Previously Satisfied. Satisfied. The applicant has provided two 12' x 35' loading space for Walgreens and one 16' x 35' loading space for Polio Tropical restaurant with "loading space" pavement markings identified. Previously Satisfied. Satisfied. The applicam has provided 4 bicycle parking spaces for Walgreens and 2 bicycle parking spaces for Pollo Tropical restaurant. Previously Satisfied. POST OFFia BOX 727 JUPITER. FI ORInA 71.168.0727 210 JUPITER LAKES ODULEVARO. HVILOING 5000, SUITE 104 (561) 746.9448 FAX (561) 746.0172 WEST PALM 9EACH JUPITER STUART FORT PIERCE OKEECHOBEE Northlake/Congress Commercial :Page 2 of 3 11) Satisfied. A handicap ramp was shown at the Polio Tropical restaurant. 12) Satisfied. The Landscape Plan revised the crosswalk location at the Polio Tropical restaurant to be consistent with the Site Plan. , 13) Satisfied. The applicant has revised the site plan to provide wheel stops adjacent to the Walgreens building satisfying LDR Section 118 -474. 14) The applicant has responded to the following comments regarding the Parking Detail. A. Satisfied. The Parking Detail was revised to show standard 10'x 18.5' parking spaces consistert,with the Site Plan. B. Satisfied. Note number 6 listed under the Parking Detalls was removed. C. Satisfied, The Parking Detail identifies a standard 18.5' length. D. Satisfied. The 5' handicap access aisle now shows diagonal blue stripping per ADA standards. 15) Satisfied The applicant has identified the width and angle of the angled parking spaces. 16) Satisfied. The applicant has identified the sidewalk widths at Pollo Tropical restaurant as 5'minimum, 17) Satisfied. The applicant has identified the turning radii at Northlake Boulevard and . Congress Avenue as 30' minimum. 18) Satisfied. A note has been added to the Landscape Plan that reads, "maintain 24" ht. For all shrubs and tree canopies above 8' from grade in safe sight triangles'. 19) Satisfied. Utility easements have been added to the Civil Engineering Plan, Site Plan and Landscape Plan. 20) Satisfied. Type `D' curb has been identified on the Site Plan. 21) Previously Satisfied, 22) Satisfied. "Do Not Enter" and "One Way" signs have been added the Site Plan at the two one -way drive aisles exiting the Pollo Tropical restaurant so that trzric from Walgreens does not enter the northern exit of the restaurant or the drive -thru exit. Northlake/Congress Commercial Page 3 of 3 2:1) Previously Satisfied. 24) Previously Satisfied. 2:1) Conditionally Satisfied. Proposed landscaping, signage, and pavement is shown within existing utility easements. Prior to construction plan approval, the applicant shall enter into an agreement with the appropriate utllity. 2e) Satisfied. The photometric plan meets the minimum requirements of LDR Section 115- 474. 2 "1) Satisfied. All landscape islands have been extended to be flush with the parking spaces 211) Satisfied. The applicant has shown 4 additional parking spaces at the Polio Tropical restaurant. We have no objections to their proposed location. We have so further engineering concerns and are therefore able to recommend site plan approval. PA?S016BMO1210k Jw c: Bobbie Herakovich Roxanne Manning Memo to File From: Mark Hendrickson, City Forester #fk Subject: SP- 98 -16, Northlake /Congress Commercial Center (Walgreens's & Polo Tropical) Date: October 11, 1998 I have reviewed the above - referenced plans submitted October 9, 1998. At this time, I recommend the following conditions: 1. The future planting proposed in the northwest corner of the site shall be installed within thirty days of the removal of the temporary access road, including the extension of the wall and associated landscaping along the northern buffer. 2. If Polo Tropical has not commenced construction prior to the Certificate of Occupancy of Walgreens, the vacant area associated with phase two of this project shall be sodded, temporarily irrigated and maintained per City standards. 3. Applicant will comply with all requirements of the Roadway Beautification and Enhancement Plan once same is established by the City of Palm Beach Gardens. Specially, applicant shall provide improvements in accordance with said plan in the following public right -of -ways areas: (1) In the median and along the north right -of -way line of Northlake Boulevard from the eastern terminus of their property to the Congress Avenue right -of -way. (2) In the median and along the east right -of -way line of Congress Avenue from Northlake Boulevard right -of -way to the northern terminus of their project. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: November 5, 1998 Date Prepared: October 26, 1998 Subject/Agenda Item Consideration of approval for petition SP- 98 -18, a request by Rick Greene, agent, to amend the four -acre section of The Oaks PUD, known as The Oaks Center. The amendment includes eliminating the second story space in the easternmost building, the addition of two decorative towers and connecting the three buildings. The subject property is located at the northwest corner of Burns Road and Prosperity Farms Road. (8- 42S -43E). Recommendation /Motion: Staff recommends that Resolution120, 1998 be approved. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Finance NA $ [ ] Approved w/ conditions ACM Current FY [ ] Denied Human Res. NA Other NA Funding ource: 9 [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other Resolution , 1998 City Forester Comments Engineer Comments Applicant Response [ ]Not Required Letter Submitted by: r naQ nt t r Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [ ] Not required BACKGROUND: Original Approval The Oaks Center was originally approved as a four -acre outparcel as part of the Oaks Center Planned Unit Development (PUD) by Ordinance 31, 1989. The site plan for the outparcel was approved by Resolution 60, 1990 with an underlying zoning of Professional Office. Time Extensions Since the Oaks Center has been approved, there have been two time extensions given. One time extension was given in 1993 for two years by Resolution 60, 1993. Another was granted in May Agenda Cover Memorandum Date: November 5, 1998 Page 2 1997 for another two years by Ordinance 4, 1997. In the years between 1995 and 1997, the petition for a time extension was still valid due to Ordinance 15, 1996, which revised the City's process for administering development rights time extensions. Site Location The current land use designation for the subject site is Professional Office (PO). It is also zoned Professional Office with a Planned Unit Development (PUD) overlay. The site is surrounded on the west by "The Oaks" residential PUD, the north by Prosperity Oaks Court residential subdivision, to the south by Burns Road and Town Oaks PUD, and the east by Prosperity Farms Road and Village of North Palm Beach land. REVIEW PROCESS: This is a request for an amendment to a site plan within a PUD. The site plan request is reviewed by the Development Review Committee, who forwards comments and recommendations to the Site Plan and Appearance Review Committee. Acting in an advisory role, the Committee makes a recommendation on the proposed request to the City Council. The City Council reviews the request for site plan amendment approval for consideration of approval, approval with conditions, or denial. PROJECT DETAILS: Comparison of Original and Proposed Plans The Oaks Center was approved on May 3, 1990. The development included three buildings designed as one -story structures with the exception of approximately 3,500 square feet of second story space in the easternmost building. The new proposal includes the elimination of this second story, the connection of the three buildings and the addition of two decorative towers. The architectural style will be the same Mediterranean style with a concrete barrel tile roof, stucco bands and columns. It will also include an ornamental fountain, as depicted in the original plans. Below is a comparison of the existing and proposed plans. 1990 Plan 1998 Plan Proposed Use Office Office Net Leasable Area 39,600 s.f. 39,600 s.f. Gross Area 41,600 s.f. 40,362 s.f. Number of Buildings 3 3 Number of Stories 1 & 2 1. Parking Spaces Provided 162 162 Agenda Cover Memorandum Date: November 5, 1998 Page 3 Code Compliance Below is a table displaying land use and proposed site plan elements. Zartfing PUD Planned Unit Yes Yes .. .... .... Development - Professional o essional Office Front :,:;;;,;;;:; ............... ............................... 25 feet 22 feet Exceeds Min. No ............... ............................... Setback Approved Nfit$de ''` ............... .........................:..... 15 feet 20 feet Yes Yes Setba'Gk »' : :_: < > > ............... ............................... ............... ............................... ............... ............................... 15 feet 43 feet Less than Min. Yes ............... ............................... Setback' > >! >> Approved Mrn Landscape . 15 feet 15 feet Exceeds Min. Yes Buffer. >..< Approved Pa" rking Spaces 1/300 sf floor 162 spaces Yes Yes area 40,362/300 =135 Parking 10' x 18.5' 9' x18.5' No (Approved Yes, with City D mettsibrls plan had 9'x20', Council approval 9'x18') Mini >NoOf > > >< 2 spaces p 1 space p Exceeds # No 1Loadnlg Spaces Approved bpcn Space ...........:..: ............................... .............. ............................... 15% Min. 37.75% Yes Yes fNlax l3uitdrtlg 36 feet 20' Building No Yes He..i.ght. 39' Tower .. Max Bu .ldl!ng ;; 35% 23% Yes Yes As mentioned previously, this project was approved in 1990. That approval waived the requirement for a 25 foot front building setback, a 15 foot landscape buffer, 10' x 18.5' parking dimensions, and for loading spaces. The current proposal includes adding one loading space, providing a 15 foot landscape buffer, 9'x 18.5' parking dimensions, and a 22 foot front building setback. Note: only two items remain inconsistent with the code (number of loading spaces and front setback). Agenda Cover Memorandum Date: November 5, 1998 Page 4 Other Details Tree Preservation: This project is unique in that it attempts to preserve as many existing trees as possible. The petitioner plans to continue this preservation effort with the submission of this revision. Drainage: The petitioner plans to replace the existing swale running through their property with a drainage line consisting of 18 -inch and 24 -inch pipes. This is a welcome improvement, especially for the neighboring residents who have experienced flooding in the past. Towers: The two proposed towers are 39 feet in height, while the height limit for professional office is 36 feet. This will not require a waiver. Towers, by code, are not counted towards building height. Entrance features: The proposed entry way will be 30 feet wide with precast pavers. The entrance sign will be 7 feet tall and 12 feet wide and will say "The Oaks Center." The letters will be 6" cast aluminum and lit by a ground flood light on each side. Parking: The proposed square footage does not change the number of parking spaces required, although the number of required handicapped spaces has changed from four to six. The petitioner has provided the additional spaces. Front Setback: Another City Code requirement is the front setback of 25 feet along Burns Road. The petitioner is proposing 22 feet. The approved plan shows a 19 foot setback (2 feet were dedicated to the city). Staff does not have an objection to the 22 foot front setback. Service Apron: The last item that varies from the original plans is the removal of paver blocks from around the perimeter of the buildings, to be replaced by a 6 foot service apron which will provide room for mechanical and air conditioning equipment. This equipment will be screened by a cocoplum hedge which shall be 3 feet high at the time of planting. This hedge will extend 4 feet beyond the a/c condenser units in either direction. DEPARTMENTAL COMMENTS: Engineering Issues Assistant City Engineer Tammy Jacobs has reviewed the petition. Her comments are attached to this report. Parking Spaces Another concern Ms. Jacobs has is the dimension of the parking spaces. The applicant is proposing 9'x 18.5' parking spaces, which are allowed by code only with City Council approval. Wheel Stops The petitioner has also revised the site plan to include wheel stops where parking spaces do not abut a sidewalk and agreed to provide a 2'6" sod strip for parking adjacent to landscaping, as required by City Code. This is shown on the revised landscape plan. The petitioner has responded to all of Ms. Jacobs other concerns. Agenda Cover Memorandum Page 5 Date: November 5, 1998 City Forester City Forester Mark Hendrickson's comments are attached to this report. Below is a summary of his concerns: Revised Landscape Plan: The City's Landscape Code has changed considerably since the approval of this project. Since the revisions have changed the approved landscaping more than 25 %, the petitioner has had to resubmit its landscape plan for formal review. The petitioner has provided new landscape tabular data using the point system and has submitted a new topographic survey. Northern Landscape Buffer: Mr. Hendrickson commented that the Oak trees on the north portion of the site will require heavy pruning and will substantially alter their appearance in order to provide room for the new one -story building. Concrete Service Apron: Mr. Hendrickson does not believe the service apron is needed. If it is approved by the City Council, he will work with the applicant to micro -site the location of the apron around the trees. Wildlife: Two other issues Mr. Hendrickson addressed were the existence of gopher tortoises and mangroves. The petitioner has agreed to relocate the tortoises to the Hobe Sound National Wildlife Refuge and to identify the location of the existing mangroves. For the remaining concerns, please see the attached memo. Seacoast Utility Authority Seacoast Utility Authority has reviewed the plans and has no concerns at this time. Building Division City Building Official Jack Hanson has examined the plans and has no concerns at this time. Police Department Sergeant Jay Spencer of the Police Department expressed concern about lighting in the walkway under the overhangs. The petitioner agreed to provide lighting and the supporting photometric plan. SITE PLAN AND APPEARANCE REVIEW COMMITTEE ( SPARC) This petition went before the SPARC on August 25, 1998 and on September 22, 1998. The following issues were discussed: Landscape Buffer (Resident concerns) In previous submissions, the applicant had shown a 10 foot front landscape buffer. Staff and Members of the SPARC recommended that they shift the buildings back to provide for the required 15 foot buffer along Burns Road. The residents of Prosperity Oaks expressed their desire to keep the buildings set back 48 feet rather than 43 feet. Staff continues to prefer the 15 foot buffer since Burns Road will eventually be widened. The applicant has provided the 15 foot buffer. Agenda Cover Memorandum Date: November 5,1998 Page 6 Loading spaces This site was approved with no loading spaces. City code requires 2 spaces with the proposed number of square feet. The applicant has agreed to provide one loading space per request of Staff and of Members of the SPARC. The location is shown on the site plan. Awnings The applicant had proposed 9 colors for each of the awnings. Staff had suggested that they reduce the number of colors and provide more compatible colors. The SPARC recommended that they reduce the number to 4 colors plus white. The applicant has done so; they have limited the colors to Royal Blue/White, Lemon/White, Devil Red/White, and Lime Green/White. Service apron The SPARC recommended that the applicant work with the City Forester to micro -site the location of the proposed concrete service apron around the building perimeter to maximize the preservation of the existing oak trees. Fire walls The SPARC recommended that the applicant should eliminate the proposed fire walls and replace them with an automatic sprinkler system. The applicant has agreed to do so and Staff has added this to the conditions of approval. Fence hedge Since Mr. Hendrickson was not satisfied with the applicant's choice of hedge along the proposed fence, the applicant has chosen a 48 inch Wax Myrtle hedge. The SPARC recommended that the hedge be 48 inches at the time of planting. Screening of a/c units The SPARC recommended that the applicant install a 36 foot cocoplum hedge which extends 4 feet beyond the a/c condenser units in either direction. The applicant has revised the landscape plan in response. Entrance to site The SPARC requested that the applicant reevaluate the horizontal geometry of the entrance to the site. The applicant has discussed the issue with the City Engineer and it meets the City requirements. On September 22,1998, the Site Plan and Appearance Review Committee recommended approval of this petition with 14 conditions by a 5 -1 vote. RECOMMENDATION (Monitoring Entity) The Growth Management Department recommends approval with the following conditions: Prior to construction plan approval, the applicant shall provide a letter of authorization from the appropriate utility owner allowing the applicant to pave and landscape within the existing Agenda Cover Memorandum Date: November 5,1998 Page 7 easements. (Building Division) 2. Prior to construction plan approval, the applicant shall show a sprinkler system rather than the proposed fire walls on the construction plans. (Building Division) 3. Prior to the issuance of the first building permit, all applicable impact and inspection fees shall be provided to the City. (Building Division) 4. Prior to the issuance of the first building permit, the permit by the Florida Fresh Water Fish and Game Commission to remove the gopher tortoises off this site shall be issued. (City Forester) 5. Prior io the issuance of the first Certificate of Occupancy, the applicant shall have completed construction of an eastbound left -turn lane on Burns Road at the proposed office driveway. (Building Division) 6. The applicant shall use the best management practices for tree protection, including modifying the building's foundation apron and roof line, providing tree root protection, the use of proper tree pruning techniques, and the proper clearing and grubbing techniques during construction. Sections 98 -70, 98- 33(b), and 98- 105(e) shall be the contingency plan for trees that die during or from construction and relocation efforts related to this project. (City Forester) 7. The Developer shall contact in writing (certified mail) the adjoining residential property owners on Prosperity Oaks Court at least two (2) weeks before the fence is installed along the property line. (Planning & Zoning) 8. Prior to construction plan approval, the applicant shall revise the photometric lighting plan to show a maximum of 10.0 foot - candles. 9. Prior to construction plan approval, the applicant shall indicated on the construction plans that wheel stops will be located for each parking space adjacent to the proposed trees along the west property line of the site. RESOLUTION 120, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING RESOLUTION 60, 1990, AS AMENDED, APPROVING AN OUTPARCEL AT "THE OAKS" PLANNED UNIT DEVELOPMENT GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF BURNS ROAD AND PROSPERITY FARMS ROAD, TO AMEND THE BUILDING ELEVATIONS; TO AMEND THE LANDSCAPE PLAN; TO RATIFY ORDINANCE 4, 1997; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR THE REPEAL OF ALL ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens originally approved "The Oaks Center" site plan by Resolution 60, 1990, and subsequently amended such resolution to allow for two time extensions of development rights; WHEREAS, "The Oaks Center" approved by Resolution 60, 1990, is an outparcel of "The Oaks" Planned Unit Development, approved by Ordinance 31, 1989; WHEREAS, the City approved Resolution 60, 1993 allowing a time extension of development rights for "The Oaks Center "; WHEREAS, the City approved Ordinance 4, 1997 allowing an additional time extension of development rights for "The Oaks Center "; WHEREAS, the City has received a petition from Rick Greene of DC Land Co., Ltd. to amend Resolution 60, 1990, to allow revisions to building elevations and the landscape plan; with conditions of approval; WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby ratifies the provisions of Ordinance 4, 1997. Section 2. The City Council of the City of Palm Beach Gardens hereby approves an amendment to Resolution 60, 1990, as amended, to provide a site plan amendment for the construction of three office buildings on 4.0 acres of "The Oaks" PUD, known as "The Oaks Center," located at the northwest corner of Burns Road and Prosperity Farms Road. Section 3. Construction of said development shall be in accordance with following plans on file with the City's Growth Management Department: 1. October 16, 1998 Site Plan, Cotleur Hearing, Sheet 1 2. October 16, 1998 Landscape Plan, Cotleur Hearing, Sheet 1 -2 3. October 5, 1998 Irrigation Plan, Sheet 1 4. October 5, 1998 Boundary & Topographic Survey, Sheet 1 5. July 29, 1998 Floor Plans, Theodore Davis, Architect & Assoc., Sheets A -2 through A -12, A -17. 6. August 19, 1998 Buffer Profile, Cotleur Hearing, Sheet 1 7. October 16, 1998 Lighting Plan, Cotleur Hearing, Sheet 1 Section 4. This approval is based upon the applicant's compliance with the following conditions. These conditions shall supersede those of Resolution 60, 1990: 1. Prior to the issuance of the first building permit, all applicable impact and inspection fees shall be provided to the City. (Building Division) 2. Prior to the issuance of the first clearing/building permit, the permit by the Florida Fresh Water Fish and Game Commission to remove the gopher tortoises off this site shall be issued. (City Forester) 3. The applicant shall use the best management practices for tree protection, including modifying the building's foundation apron and roof line, providing tree root protection, the use of proper tree pruning techniques, and the proper clearing and grubbing techniques during construction. Sections 98 -70, 98- 33(b), and 98- 105(e) shall be the contingency plan for trees that die during or from construction and relocation efforts related to this project. (City Forester) 4. The applicant shall notify in writing (certified mail) the adjoining residential property owners on Prosperity Oaks Court at least two (2) weeks before the fence is installed along the property line informing them of the installation. (Planning & Zoning) 5. Prior to construction plan approval, the applicant shall provide an automatic sprinkler system rather than fire walls on the construction plans, per LDR Section 38 -90, Fire Prevention and Protection. (Building) 6. Prior to construction plan approval, the applicant shall provide a letter of authorization from the appropriate utility owner allowing the applicant to pave and landscape within the existing easements (Building) 7. Prior to construction plan approval, the applicant shall revise the photometric lighting plan to show a maximum of 10.0 foot - candles. 8. Prior to construction plan approval, the applicant shall indicate on the construction plans that wheel stops will be located for each parking space adjacent to the proposed trees along the west property line of the site. 9. Prior to the issuance of the first Certificate of Occupancy, the applicant shall have completed construction of an eastbound left -turn lane on Burn Road at the proposed office driveway. (Building) Section 5. All phases of the development in the outparcel of "The Oaks" shall be issued a Certificate of Occupancy within three years from effective date hereof. Section 6. All Resolutions or Ordinances, or parts thereof in conflict herewith, are hereby repealed. Section 7. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF 31998. ATTEST: LINDA V. KOSIER mm VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT Lh LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. ly\ CONSULTINI ENGINEFRS. SURVEYORS & MAPPERS MEMORANDUM TO: Nlarty Minor FROM: Tammy Jacobs DATE: October 21, 1998 SUBJECT: The Oaks Center (LB1: H File No. 984008) We have reviewed the revised Site Plan and Landscape Plan and Photometric Plan prepared by Cotleur Hearing received October 19, 1998. We offer the following comments: 1) Prevlous�,Satisfied. 2) Conditionally Satisfied. Prior to Construction Plan approval, we recommend the applicant revise the photometric lighting plan to show a maximum of 10.0 foot - candles. The applicant has met the minimum illumination level of 0.6 foot - candles per LDP, Section 118 -474. 3) 4) 5) 6) 7) 8) 9) 10) 11) Previously Satisfied. Previously Satisfied. The applicant is requcsting a waiver from LDR Section 118-475 and is proposing 9' wide parking spaces. We support the LDR's requirements for a standard 10' wide parking space. Previously Satisfied. Previously Satisfied. Previously Satisfied. Previously Satisfied. Previously Satisfied. Previously Satisfied l 1 & , -42 09/90 44 12) Previously SatisfI40ST OFFICE BOX 727 • JUPITER, FLORIDA 334x8 -0727 210 JUPITEFI LAKES BOULEVARD • BUILOM 8000, SUITE 104 • (301) 746.9248 • FAX; 1551) 748.0272 hltp::MYww.l4lh,ccm • e -mail: intoefthrom N"CST PALM 9EACM 16PITER STUAHt hr 7R! PIExt't 0KEE('t1()U1E The Oaks Center Project No. 98 -4008 Page 2 13) Conditionally Satisfied. Since the actual location of the force main is uncertain and the myrtle trees will be planted 4'.5' from the force main, the distance from the curb to the myrtle trees is unknown. For this reason, prior to construction plan approval,' the applicant will need to provide wheel stops for each of the parking spaces adjacent to the proposed trees along the west property fine. 14) Previously Satisfied. 1 S) Previously Satisfied. 16) Conditionally Satisfied. Prior to construction plan approval, the applicant shall provide a letter of authorization from the appropriate utility owner allowing the applicant to pave and landscape within the existing easements. We have no further engineering concerns with the exception of the above listed conditions. Therefore, we are able to recommend site plan approval. rJ PABBOMEM014008d.doc e: Bobbie Hemkovieh Roxanne Manning Cotleum Hearing Landscape Architects Land Planners Environmental Consultants September 29, 1998 Angela Csinsi 1 Planner 1 yr City of Palm Beach Gardens ' 10500 North Military Trail Palm Beach Gardens, FL 33410 -469 +► Re: The Oaks Center orcf`�s?y' Revised Plans,gr CH Project #98 -0701 Dear Angela: Pursuant to the recommendations of the September 22, 1998 Planning and Zoning meeting and your September 24, 1998 memorandum to Rick Greene in connection with the above referenced matter, we are forwarding to you revised documents. The following revisions and \or additional documents are provided in accordance with the Growth Management Departments and Planning and Zoning Board's recommendations. 1) (a) The boundary and topographic survey has been revised to reflect the most current easements and encumbrances. (b) Additional copies of the photometric lighting plan for the requirements of LDR 118 - 474(4) are provided herein. This plan was previously submitted. (c) The tabular data on the Site Plan has been revised to show 6 required handicap spaces. (d) Eleven additional wheel -stops have been added to the Site Plan to protect the proposed landscaping. (e) Landscape Plan has been revised to show a minimum of 2.5 foot sod strip where parking directly abuts a landscaped area and a wheel -stop is not provided. (f) The handicap detail on the Site Plan has been revised to include diagonal blue stripes in accordance with our discussions with the City Engineer. Maplewood Professional Center 1934 Commerce Lane - Suite 1 Jupiter, Florida 33458 561.747.6336 FAX 561. 747.1377 hItp:/www.cc,tleur-heoring.com e:" ectdoc %divoslaltheoakscenieeJtr 4.doc MM 46 Angela Csinsi The Oaks Center September 29, 1998 Page 2 (g) As discussed with Angela Csinsi and as previously stated, the only existing and proposed easements on the site are for Seacoast Utilities. Seacoast Utilities generally does not provide letters of authorization to the applicant. Seacoast Utilities does however, review the final Landscape Plans as a part of the permitting process. The applicant has received preliminary comments from Seacoast Utilities which are reflected in the form of notes on the Landscape Plan. 2) We agree, prior to the issuance of the first Building Permit all applicable impact and inspection fees shall be provided to the City. 3) We agree, prior to the issuance of the first Building Permit the applicant shall obtain a permit from the Florida Game and Fresh Water Fish Commission to remove the one existing gopher tortoise off -site. 4) We agree, in the event that existing oaks trees destroyed during construction or relocation purposes, three inches of new tree caliper will replace every one inch of caliper lost during construction. 5) We agree, the developer shall contact in writing by way of certified mail the adjoining residential property owners of Prosperity Oaks at least two weeks before the proposed fence is installed along the property line. 6) Prior to the construction of the proposed project, the applicant shall grant a temporary drainage easement (to be determined by the City Engineer) to the City that generally follows the alignment of the existing outfall that serves the immediately vicinity. 7) The applicant shall work with the City Forester to micro -site the location of the concrete apron around the proposed building perimeter to maximize the preservation of the existing oak trees. 8) As recommended by the Planning and Zoning Staff and the Planning and Zoning Board, the applicant has revised the Site Plan to provide a 15 foot buffer along Burns Road with a 43 foot buffer adjacent to the Prosperity Oaks Subdivision. 9) As recommended by the Planning and Zoning, the previously proposed Schefflera hedge along the northern fence line has been replaced with a 48 inch Wax Myrtle hedge. The applicant has discussed this matter with the City Forester. 10) The Planning and Zoning Board determined that the construction of concrete walls around the air conditioning units was not required. As requested by the Planning and Zoning Board, the applicant has discussed this matter with the City Forester. The applicant proposes to install a 36 inch cocoplum hedge which extends 4 feet beyond the a/c condenser units in either direction. The detail on the Landscape Plan has been revised accordingly. Angela Csinsi �~ The Oaks Center September 29, 1998 Page 3 11) The applicant will provide fire sprinklers to eliminate the proposed fire walls. 12) As requested by the Planning and Zoning Board, one loading zone has been added in accordance with the overlay previously provided to the City Staff. 13) As requested, the applicant has agreed to limit the colors of the proposed awnings to four colors plus white. A governing note has been added to the Site Plan accordingly. The colors selected will be as follows: 503 Royal Blue and 523 White; 504 Lemon and 523 White; 505 Devil Red and 523 White; and 514 Lime Green and 523 White. 14) As requested by the Planning and Zoning Board, the applicant has evaluated the horizontal geometry of the entrance. The applicant has discussed this matter with the City Engineer. It has been determined that the existing geometry of the entrance is acceptable and meets the requirements of the City Engineer. 15) The parking in the northeast corner of the building has been revised to address the potential the backup conflict identified by the Planning and Zoning Board. 16) This comment is addressed by number 14 above. 17) Irrigation Plans - As requested the Irrigation Plans have been modified to address the City Forester's concerns. Please find enclosed seven (7) copies of the following documents: 1) Revised Site Plan; 2) Revised Landscape Plans; 3) Revised Boundary and Topographic Survey; and 4) Revised Irrigation Plan, Lighting and Photometric Plans. To the best of my knowledge we have addressed either in writing or on the plan& all the issues raised by the City Staff and the Planning and Zoning Board. Should you have any questions or need any additional information concerning this matter, please do not hesitate to contact me. Enclosures cc: Rick Greene ORDINANCE 4, 1997 5/2/97 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AMENDMENT TO THE OAKS CENTER, OUTPARCEL AT "THE OAKS" PLANNED UNIT DEVELOPMENT, TO ALLOW FOR A T1 VM EXTENSION TO CONSTRUCT THREE OFFICE BUILDINGS; PROVIDING FOR CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens originally approved the "The Oaks Center" by Resolution 60, 1990, and subsequently amended such resolution to allow for a time extension of development rights; WHEREAS, "The Oaks Center" approved by Resolution 60, 1990, is an outparcel of "The Oaks" Planned Unit Development, approved by Ordinance 31, 1989; WHEREAS, the City has received a petition to amend Resolution 60, 1990, again to allow for a further time extension to construct three office buildings; WHEREAS, the City's Planning and Zoning staff has reviewed the petition and recommends approval for a time extension based on conditions of approval; and WHEREAS, the City Council has determined that the proposed petition to amend the Planned Unit Development is consistent with the City's Comprehensive Plan. _ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens hereby approves a time extension for two years for the development of "The Oaks Center", an outparcel to "The Oaks" Planned Unit Development on the northwest comer of Prosperity Farms Road and Burns Road. ORDINANCE 4, 1997 PAGE 2 SECTION 2. This approval is based upon the petitioner's compliance with the following conditions: 1. Prior to the issuance of any certificate of occupancy for office use, the applicant shall have completed construction of an eastbound left -turn lane on Bums Road at the proposed office driveway. C2. The applicant shall grant a relocatable drainage easement to the City that generally follows the alignment of an existing outfall that serves the immediate vicinity. 3.. All applicable impact and inspection fees shall be provided to the City prior to the issuance of the first building permit. 4. All conditions heretofore required for development, except for any required widening of Burns Road between Gardens East Drive and Prosperity Farms Road, as imposed in connection with approval of Resolution 60, 1993, which condition is hereby eliminated. SECTION 3. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 6TH DAY OF MARCH , 1997. PLACED ON SECOND READING THIS 1 ST DAY OF MAY , 1997. PASSED AND ADOPTED THIS 1ST _ DAY OF ,_, MAY , 1997. MAYOR JOSEPH R. RUSSO _,& � LINDA MONROE i VICE MAYOR LAUREN FURTADO -)a )k - - C_ i �" COIILMAN EMC JABLIN COUNCILMAN DAVID CLARK ORDINANCE 4, 1997 PAGE 3 ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSMR, CMC, CITY CLERK SUFFICIENCY. v CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK AYE NAY ABSENT j-- i a 1, 1993 RESOLUTION 60, 1993 OD A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, EXTENDING THE TIME OF COMPLETION OF IMPROVEMENTS ON THE OUT PARCEL OF THE OAKS, A PUD CREATED BY ORDINANCE 31, 1989 WITH RESOLUTION 60, 1990, APPROVING THE IMPROVEMENTS ON SAID OUT PARCEL: AND, THE CITY COUNCIL FINDING THE AMENDMENT IS MINOR IN NATURE; AND, PROVIDING FOR THE REPEAL OF ALL ORDINANCES AND RESOLUTIONS, OR PARTS THEREOF IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The Ordinance 31, 1989 which created the Oaks, a PUD, and Resolution 60, 1990 which approved the improvements on the Out Parcel are hereby amended by extending the time for improvements for a period 4f * -n (2) vearc nr_QatldOut Parcel from date hereof.. Section 2. The conditions heretofore required for development are hereby ra iftpA and confirmed;and shall remain in full force and effect. Section 3. The City Council hereby finds that the amendment contained herein is minor in nature and that the intervention of the Planning and Zoning Commission and publication of final hearing shall not be required. Section C. All Ordinances or Resolutions, or parts thereof, in conflict herewith are hereby repealed. Section 5. This Resolution shall be effective upon date of passage. ATTEST: IISjdA V. KOSIEK, CITY CLERK VOTE: AYE MAYOR RUSSO v VICE MAYOR MONROE ✓ COUNCILMAN JABLIN v' COUNCILMAN FURTADO COUNCILMAN CLARK 11-3OSLIPH RU SO, MAYOR l NAY ABSENT Y ED AS TO FORM AND (ENCY 'JRNEY r April 25, 1990 May 1, 1990 RESOLUTION 60, 1990 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE SITE AND DEVELOPMENT PLAN ON THE OUT - PARCEL OF "THE OAKS ", A PLANNED UNIT DEVELOP- MENT, CREATED BY ORDINANCE 31, 1989; SAID PLAN WITH UNDERLYING ZONING OF PROFESSIONAL OFFICE (PO) PERMITTED USES CONSISTING OF A MASTER SITE jPLAN PREPARED BY gbs & h ARCHITECTS, INC., DATED APRIL 27, 1990, CONSISTING OF ONE (1) SHEET; THE BUFFER PROFILE, DATED FEBRUARY 19, 1990, PREPARED BY THE SAME ARCHITECTS, CONSIST- ING OF ONE (1) SHEET; AND AN ELEVATION PLAN, DATED APRIL 27, 1990 , CONSISTING OF THREE (3) SHEETS, NAMELY, P -1, P -4 AND P -5, PREPARED BY THEODORE E. DAVIS ARCHITECTS AND ASSOCIATES, ATTACHED HERETO AS COMPOSITE EXHIBIT "A "; AND, PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. 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 Site and Development Plan on the out - parcel of "THE OAKS ", a Planned Unit Development, created by Ordinance 31, 1989, with underlying zoning of Professional Office (PO) permitted uses, consisting of a Master Site Plan prepared by gbs & h architects, inc., dated April• 27, 1990, consisting of one (1) sheet; the Buffer Profile, dated February 19, 1990, prepared by the same architects, consisting of one (1) sheet; and an Elevation Plan, dated April 27, 1990 , consisting of three (3) sheets, namely, P -1, P -4 and P -5, prepared by Theodore E. Davis Architects and Associates, attached hereto as Composite Exhibit "A ". In addition to the foregoing, the site shall be developed in accordance with the following conditions: 1. The lighting proposed shall be of high - pressured sodium. 2. Per Chapter 93, Fire Prevention Protection, an automatic sprinkling system shall be installed. 3. The Petitioner shall satisfy code requirements pertaining to the required number of fire hydrants on site. 4. Code 153.50 on tree protection shall be followed throughout the life of this project's construction. 5. The two (2) flag poles directed on plan on the West end of property shall be deleted; and the two (2) flag poles on the East end of the property shall remain. C. 6The following contingency plan shall be enacted to replace those trees that die during or from construction and relocation efforts; three (3) inches of new tree caliper will replace every one (1) inch of caliper lost; prior to and during construction barricades around trees shall be used in accordance with the Palm Beach Gardens Codes preserve trees shall be flagged prior to site work. The Developer shall contact in writing (certified mail) the adjoining residential property owners on Prosperity Oaks Court at least two (2) weeks before the fence is installed along the property line. f8. The permit by the Florida Fresh Water Fish and Game Commission to remove the gopher toitoises off this site shall be issued prior to a Building Permit being issued. 9. The back -flow preventer shall be screened according to Landscape Code 153.25 using a wall and vegetation. 10• If at any time in the future, Burns- Road is widened or if any of the oak trees proposed to be preserved in the Burns Road right -of -way have to be removed, the tree(s) shall be relocated on site. 11. All Burns Road Improvements shall be in accordance with the Roadway Master Plan to be developed by the City of Palm Bech Gardens for the widening of Burns Road from Prosperity Farms Road to the east right - of way line of I -95. 12. The applicant shall observe the ultimate right -fo- way along Prosperity Farms Road in consultation with Palm Beach County. One ground sign shall be permitted at the main entrance on Burns Road in the use of the premises with exact location, size and colors to be determined by subsequent Resolution of the City Council. Section 2. No Building Permit shall be issued for develop- ment of the out - parcel of "THE OAKS ", a Planned Unit Development, until final drainage, paving and utility plans have been approved in writing by the City Engineer, and all permits required to be issued by other' governmental bodies have been issued with copies thereof delivered to and filed with the Building Official; and the, Petitioner shall have,deposited with the City Manager a performance bond, letter of credit or an escrow deposit in a sum of money prescribed by the City Engineer for the purposes of assuring the completion of all paving, drainage and utilities in said out - parcel of "THE OAKS ". Section 3. All phases of the development in the out - parcel of "THE OAKS" shall be completed within three (3) years from effective date hereof, and the owner /developer may obtain an extension of one (1) additional year for good cause shown by approval of subsequent Resolution. Section 4. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section S. This Resolution shall be effective upon date Of adoption. INTRODUCED, PASSED AND ADOPTED ON THIS THE aa-1,.DAY OF MAY, 1990. 1 1 MICHAEL MARTINO, MAYOR ATTEST: =NDA V. KOSIER, CITY CLERK AP ^f:OVED %S i0 FCE6I AND LEGAL S(U'_ "' j`(!]�Y C)[k'DwAHCe' 19 2� "THE OAKS" CONDITIONS 1. By March 1, 1991, the Applicant will provide an approximate 11.0 acre park site to the City. The park site shall be located as shown on the Master Site Plan prepared by,GBS 5 H. Project No. 89 -0602, dated June 8, 1989, as revised ( "Master Site Plan "). The Applicant shall provide the following facirtties on the park site: a) An 8' wide jogging path b) A parking lot to accommodate 30 cars. 2. The Applicant shall construct a 6 foot wide pathway of concrete to be located in the southeast corner of the residentrAl portion of the development shown•on the-Master Site Plan, immediately west of the 4 acre out - parcel. A pathway easement shall be provided to the northeast of the constructed pathway to allow additional pedestrian access. 3. In conjunction with the construction of Campus Drive, the Applicant shall construct up to two (2) turning lanes from Campus Drive to the western edge of paving of the western St. Marks Church parking lot in a location acceptable to the City Traffic Engineer. 4. The 'Applicant shall save a portion of the two Florida slash pine and sabai palm canopies as shown on the Master Site Plan. The Applicant shall also save 67 oak trees which will remain in place and 31 oak trees which will be relocated as shown on the Master Site Plan. S. Prior to commencement of clearing activity, all trees designated on the Master Site Plan to be saved shall be tagged and have protec- tive barriers erected as per City Code. 6. The landscape architect of record and the City Forester shall approve in writing in advance any construction within the drip line of any preserved tree. 7. The protected oaks and palms that are killed due to construction activity or relocation efforts shall be replaced on -site using the following criteria: a. Three (3) inches of new tree caliper will be replaced for every one (1) inch.caliper lost. b. Each new tree shall have a minimum of three -inch caliper at D.B.H. (i.e., four feet above ground). c. Any protected palm shall be replaced by a palm of equivalent size. B. The Applicant's homeowners association documents shall include a covenant requiring the protection of all oak trees located in common areas. 9. Two (2) stablized sub - surface areas to accommodate emergency access to the multi - family site shall be provided on Campus Drive, as shown on the Master Site Plan. I0. The conditions set forth in the letter from the City's Traffic Consultant. David Plummer b Associates,.Inc., to John L. Orr, Jr. dated September 6, 1989, as supplemented by the letter to Chuck Hathaway dated September 15. 198;), shall be part of this approval. 11. The exterior rear elevation and colors of the single- family units along Burns Road shall not be the same from one unit to the next. 12. The residential units constructed on the zero lot line lots shal P be one - story. y' j� , t• �ivo� v�iFic ..�.: ti y r DA'v �) PLUMMER & ASSOCIA7' , INC. CONSULTING ENGINEEhS September 6, 1989 Mr. John L. Orr, Jr. City- Manager City of Palm Beach Gardens 10500 North Military Trail 'Palm Beach Gardens, FL 33410 Re: Garden Oaks Estates - x89836.01 Dear Mr. Orr: We have completed our review of the traffic data for the above referenced project. Based on the data provided by the applicant's traffic consultants, this prcject will have a significant impact on the following roadways. 1) Burns Road from I -95 to Prosperity Farms Road 2) RCA Boulevard from Alternate AlA to Prosperity Farms Road 3) Alternate AlA from RCA Boulevard to PGA Boulevard 4) Campus Drive from RCA Boulevard to PGA Boulevard The Traffic Impact Analysis for Garden Oaks Estates shows that Burns Road from Alternate AlA to Gardens East Drive /Campus Drive will operate at level of service (LOS) "E" prior to project buildout. Additional studies undertaken by our offices, for the City, as part of the Burns- Road /RCA Boulevard Area Study indicate that additional links of Burns Road will also operate at LOS "E" prior to project buildout. These additional links include Burns Road from I -95 to Alternate AIA and Burns Road from Gardens East Drive to Prosperity Farms Road. Traffic generated by additional developments in the area including Siena Oaks, Gardens East Apartments, The Regional Center, Prosperity- Center, North Corp and, JDH result ip lower levels of service than those shown in the applicant's traffic study. In order to comply with the City's Traffic Performance Standards, the following project phasing and roadway improvements will be required: --D 601 NORTHPOINT PARKWAY • SUITE 106 • WEST PALM BEACH • FLORIDA 0Z40t (407) 666.1000 CORPORAT11 HUD .ATLAS • 1221 SAM00 STRttT • CORAL CABLES • FL.. MA 32141 • (20S) 444.2116 Mr. John L. Orr, Jr. Re: Carden, Oaks_.. Estates - $8983G.01 September 6, 1989 Page 2 ----------------------------- - - - - -- 1) Prior to the issuance of any certificates of occupancy for land uses generating more than 4,356 daily trips or the construction of Gardens East Drive /Campus Drive from RCA Boulevard to Burns Road, whichever occurs first, the following intersection improvements shall be complete and open to the public: a) Eastbound right -turn lane at the Burns Road/ Alternate AIA intersection. b) Increase the eastbound left -turn lane storage at the Burns Road /Alternate AIA intersection. 2) Prior to the issuance of building permits for land uses generating in excess of 49356 daily trips , the construction contracts for the four laving of Burns Road between Alternate AIA and Gardens East Drive should be let. Prior to the issuance of any certificates of occupancy for land uses generating more than 4,356 daily trips, the Burns Road link between Alternate AM and Gardens East Drive shall be complete and open to the public as a four lane divided facility. 3) Prior to the issuance of any certificates of occupancy for land uses generating in excess of 4,356 daily trips -the following intersection improvements shall be complete and open to the public: a) Add northbound, southbound, and eastbound right -turn lanes at the Lighthouse Drive/ Alternate AIA intersection. 4) Prior to the issuance of building permits for land uses generating in excess of 6,534 daily trips, the construction contract for widening Burns Road to a four lane divided section between I -95 and Alternate AIA must be let. Prior to the issuance of any' certificates of occupancy for land uses generating in excess of 6,531 daily trips, the four laning of Burns Road from r -95 to Alternate AlA must be complete and open to the public. 5) Prior to the issuance of building permits for land uses generating in excess of 7,811 daily trips, the construction contract for the widening of Durns Road to a four lane divided section from Gardens.East Drive to Prosperity Farms Road must be Mr. John L. Orr, J'i . Re: Garden,Oal(..s Estates - #89836.01 September 6, 1989 Page 3 ----------------------------- - - - - -- let. Prior to the issuance of any certificates land uses generatiri5 in excess of 7,841 daily laning of Burns Road from Gardens East Drive to Road shall be complete and open to the public. 6) Prior to the issuance of any for the office use, the applicant construction of an eastbound left -turn proposed office driveway. of occupancy for trips, the four Prosperity Farms certificates of occupancy shall have completed lane on Burns Road at the 7) The applicant shall dedicate additional right -of -way on Burns Road and RCA Boulevard for the entire length of the project frontage. This dedication shall be made in such a manner that there is a continuous 80 foot corridor along RCA Boulevard for the entire project frontage and an 82 foot corridor along Burns Road for the entire.project frontage. 8) The applicant shall be responsible for the construction of Gardens East Drive /Campus Drive from the current terminus of Gardens East Drive at Burns Road to the current terminus of Campus Drive at RCA Boulevard. Gardens East Drive /Campus Drive from RCA Boulevard to Burns Road shall be constructed as a two lane roadway with separate left and right turn lanes at the project entrances. The applicant shall provide separate left and right turn lanes on all approaches at the intersection of RCA Boulevard and Campus Drive and separate left and right turn lanes on all approaches at the Gardens East Drive /Burns Road intersection. 9) The applicant's traffic study indicates that the northbound left -turn and southbound left -turn movements at the Burns Road /Gardens East Drive will operate at LOS "F ". The northbound left -turn movement at the RCA Boulevard /Campus Drive intersection is also projected to operate at LOS "F ". This indicates that the projected left -turn demand volume exceeds the available capacity of these movements. According to the 1985 Highway Capacity Manua? "extreme delays will be encountered with queuing which may cay. :.e severe congestion affecting other traffic movements in the intersection. This condition usually warrants improvements to the intersection,." The applicant needs to demonstrate that adequate storage will be provided to prevent left - turning vehicles from queuing into the thru lanes or proposed improvements which provide acceptable level of service operating conditions. raj ' bo ROOD LANDSCAPE Co., Inc. P.O. Box 3768 Tequesta, Florida 33469 -0768 4546 County Line Rd. Jupiter, Florida 33469 Prosperity Oaks Property Owners Association Atten: Mr. Gary Nagle 2560 Prosperity Oaks Palm Beach Gardens, FL 33410 Dear Property Owners, Established 1946 (561) 746 -5186 (561) 546 -2241 FAX (561) 743 -0139 October 30, 1998 ,/ City of P.B. Gardea NOV F 3 1998 MANAGEMENT DEPARTMENT On my visit on 9130198, 1 was shown the property stakes indicating where the proposed building was to be constructed, and now 5 feet further back into the buffer zone. After receiving the site plan and some verbal specifications of the building, Mr. Nagle and I walked the property again accessing the trees that will be affected by moving the building line five feet further in. This is in addition to the four foot overhang of the roof and the sidewalk if it goes out six feet beyond the building. It was found that the site plan showing removals is inconsistent with trees in that area of the building and roof. I feel that many trees will have to be removed that will be totally defoliated and cut back hard into the major trunks of the trees: 8" to 24" diameter cuts will have to be made. Also, a one foot area will be lost to have root pruning done to ensure less damage to root systems of trees determined to be saved. At the 48 foot mark, many Oak trees need to be removed that are hanging over and into where the building is to be. Taking that line 5 feet further back will mean even more trees need to be removed, and more destruction of the root systems of trees that could be saved at the 48 foot mark. A Tree Management Plan should be put in place to protect and care for those trees which are determined to be saved and are worth saving. My recommendation is that no less than the 48 foot buffer zone should be left. Reducing the buffer zone will increase loss of additional Oak trees. Those mature Oaks left will have a greater risk of failure due to the following points: 1) Reduced root zone of trees being saved a) Less support b) Change of branch stress due to openness of wind - wind not going up limbs from ground to top canopy of tree because they were cut off !1s ROOD c) Loss of feeding roots d) Wounded roots open to insects and fungus e) Loss of nutrition, less root zone t) Compaction of root zone due to walking and work done in buffer zone 2) Large cuts done to give clearance of building a) Great chance of Heart Rot (fungus) b) Reduced balance of tree c) Change of wind stress to tree where it wasn't there before (risk of twisting and limbs breaking ofo We will need to know the height of building at 48 feet or at distance where overhang of roof is. Need distance that roof will overhang the wall to meet clearance of the building. We will also need to know the pitch of the roof to meet the clearance of the building. 1 have drawn up the following Tree Management Plan specifically for Prosperity Oaks. 1 will be happy to discuss it with you after you have had a chance to review it. Sincerely, �1. Ji ie D. Gamble Certified Arborist #SO -0590 International Society of Arboriculture 2 M ROOD LANDSCAPE Co., Inc. Established 1946 P.O. Box 3768 (561) 746 -5186 Tequesta, Florida 33469 -0768 (561) 546 -2241 4546 County Line Rd. FAX (561) 743 -0139 Jupiter, Florida 33469 TREE MANAGEMENT PLAN for PROSPERITY OAKS PROPERTY OWNERS ASSOCIATION 1. A Certified Arborist and Owner, or Owner's Representative, and other interested parties mark and label all trees to indicate type work needed on each tree as indicated in a -f below. a. Trees and area to be cleared by loader. b. Tress to be removed and stumps ground down 24" to minimize damage to savable trees in building area, or removed with loader after a root pruning trench is made to reduce damage to savable Oak trees. c. Trees that are leaning into the building area that do not have enough canopy or high enough canopy to warrant saving. These trees to be minimally ground 4" below existing grade. d. Trees to be removed that are leaning into hammock (away from new building) that do not have enough root system to support tree from falling over in the wind, or are likely to die when root pruned due to root loss and invasion of insects and / or fungus. e. Trees that are savable and need to be pruned to give clearance over new building. f. Discuss further pruning of trees in buffer zone not affecting new building but for desired look of buffer zone. These can be cleaned up by removing dead wood, vines, and crossing and objectionable branches. Pruning to be performed according to National Arborist Standards and the A -300 Pruning Standards. 2. Agree on area to trench 24" down with authorized root pruning equipment. 3. All Contractors to agree in writing that no equipment is allowed in the buffer zone, other than root pruner and small stump grinder. No trucks, loaders, bobcats, etc. in buffer zone north of where the root pruning is to be done. 4. Trees and debris to be removed from buffer zone with no equipment on ground (bobcats, loaders, etc.). 5. Tree removal and pruning work to be supervised on -site by an ISA Certified Arborist. 6. After agreement is reached on trees to be removed, pruning and root pruning to commence. A 4 foot (approx.) visual / barrier safety fence to be installed along root pruning area to keep contractors and equipment out. 3 E* ROOD 7. Watering by irrigation system to be installed to reduce risk of failure or loss of trees due to stress of root loss and canopy loss due to construction. 8. Remaining Oak trees to be lightly fertilized immediately after tree removal and pruning is completed. A quarterly fertilization program for a minimum of one year to be put in place. Bi- annual fertilization to be done during the second year. The need for further fertilization can be re- evaluated after the second year according to the health of the trees. 9. Weekly inspection of the remaining Oak trees in the buffer zone to be conducted by a Certified Arborist for the first month after completion of the tree work. 10. Monthly inspection of the buffer zone to be conducted by a Certified Arborist for the next year. 11. No grade change is to be done in the buffer zone. Attention must be made for drainage off roof to prevent runoff into buffer zone. Attention must be made to grade on the side of the building to minimize runoff into the buffer zone. (Oak trees are a highland tree and do not like excessive water.) The undisturbed 4" of leaf litter and debris which make up the forest floor is where all the nutrients are that make these Oaks look so magnificent. 0 Surviving Tree Stress Preserving trees from the impacts of stress. by Marty Shaw Most tree experts would agree that nearly all of the problems associated with trees in the urban landscape are the result of one or more stresses on the tree system. The fact is that "stress ", as defined by the dictionary, is a system of forces. Trees are living organisms that have many systems of force acting upon them. An understanding of these systems and their responses to them will better equip us to identify and create effective treatments to solve the problems. Grade change damage Except for acts of God, like lightning and drought, stress problems are mostly caused by humans and can be prevented. In fact, problems often begin before the thought of a landscape is even conceived. Engineers tell us that when we build a home it needs to be built upon a solid foundation. If we go out to a wooded tract of land, what do we find? We find a forest with lots of soft, spongy material under our feet. The first thing that happens is a dozer comes in and removes all of the unwanted material in the most expedient manner possible. After the home is built, the last thing to be installed is the landscape. The landscaper goes out to the nursery, picks up a well fertilized, well watered, and pampered little tree, and plops it into a sterile, unnatural, and hostile, clay -soil environment. Then it is expected to grow perfectly for the next hundred years. Right? Let's take a closer look at what really happens here. What is in that soft spongy material that's so important to forest trees? Forest soil consists of many layers. The top layers are very rich in organic matter (dead leaves, twigs, etc.). This organic matter changes the character of the soil so that it holds moisture better, has a greater capacity for exchange of soil gasses, and is rich in nutrients. To make it simple, organic content makes the soil fluffier. This same layer is also teaming with living organisms, many being microscopic. Most of these microorganisms are good. Mycorrhizae, for example, are little fungi that live in association with the roots of trees. Many of these mycorrhizae help trees gather water and nutrients (like phosphorus) from the soil. Organisms are helpful to trees because they increase the organic content by cultivating pore spaces and increasing the nutrient availability in soils. These conditions are beneficial to the growth of tree roots. Tree roots can grow 10 to 15 inches deep into the soil, however, most of the feeding roots grow very near (within a few inches) to the surface of the soil. When the dozer comes along, it cuts all of the feeder roots and nutrient supply to the tree. In addition to root removal, the weight of the machine is also damaging. Soil has spaces in between its solid components. We classify these spaces in two categories: macro -pores and micro- pores. Macro -pores are very delicate and contain all of the soil gases including oxygen. That's important to know because tree roots need oxygen almost as much as they need water. Micro - pores are indestructible because they are full of water and cannot be compressed. Heavy Surviving Tree Stress, cont. machinery on soil compresses most of the macro -pores into micro - pores, so you can imagine what happens to the roots. That's right, they starve for lack of oxygen. Fred Morgan of Memphis, TN, has a good analogy: Take a piece of fresh baked bread and compress it in your hands. Now try to put it back into it's original state - not an easy task. The same is true of natural soils with dozer damage. I usually carry a soil probe and a soil penetrometer with me to check for abrupt changes in soil layers and the extent of the damage to the tree. This will usually indicate how to best deal with this kind of problem. Other important factors Other systems of force can also influence trees. Genetic makeup is a major key to good plant health. Many trees are genetically programmed to grow in specific climatic zones and environments, while others are already well suited for many areas. Some tree species prefer to be in well- shaded and protected spots, while others prefer to be in the sun. Some like acid soil, and some are pH tolerant. There are a myriad of factors that will affect the suitability of a tree for a particular site. Additionally, one must be careful to purchase trees that adhere to NSI Z60.1 American Standard for Nursery Stock, to be sure of buying quality plants. Choosing the right tree for the right location is of absolute importance, and great care in selection must be taken to avoid stress problems as trees mature. If the right tree is growing in the wrong place, it's going to have problems and require a lot of maintenance - and may still perform poorly. Sometimes, toxins can present difficult situations for trees. Salt from deicing, chlorine from swimming pools, solvents from paints and stains, natural gas leaks, sewage waste, and many others can cause serious deterioration, or even death of trees. These kinds of problems are quite common and are often overlooked by the casual observer. When diagnosing problems, it's always a good idea to get as much information about the history and location of a tree as possible. Always try to ask about the location of natural gas and water drainage lines. Cultural practices The next big tree killer is cultural practices. If the tree has six- to eight- inches of mulch piled around the base, insects or disease problems may be encouraged. In addition, shallow roots may occur. If there is no mulch, and the homeowner is whacking weeds along with half of the tree bark, that is also a problem. The tree owner will need to be educated about turf, trees, and mower damage. Improper pruning is another cultural practice that causes problems for trees. Most of us should know about the hazards of topping by now - but since I'm on the soap box - topping is bad because it weakens the tree's energy reserves, and provides a port of entry for insects and decay. It also causes fast growing, heavy branches that are not well attached, and creates possible hazards for people and property. Topping is ugly and it wastes money. Many trees can be properly pruned at a young age, thus avoiding costly limb removal years down the road. Unfortunately, many tree owners are unaware of these facts, and only consider doing 2 Surviving Tree Stress, cont. something when the problem becomes obvious, or when structural failure occurs. By following ANSI Z133 Pruning Safety Standards and ANSI A300 Pruning Guidelines, both people and trees will benefit from this treatment. But, we all need to do a better job of convincing people to do it when it is still relatively easy and inexpensive - while trees are still small. Fertilization Because removing the top layer of forest soil reduces a tree's ability to absorb nutrients, we tend to think of trees suffering from grade change construction damage as growing in nutrient deficient soil. The fact is, there are almost as many of the same chemical elements in poor soils as there are in good soils. The difference is in whether or not those elements are available in water soluble forms or not. With reduced porosity, organic content, and biological activity, many of the positively charged essential micro - nutrient elements (like iron, magnesium, zinc, copper, and calcium) bind with aggregate soil particles (particularly in high pH conditions) and are generally unavailable to be absorbed by plants. The main reason that we see micro - nutrient deficiencies on trees in urban sites, while deficiencies are almost nonexistent on trees in forest sites, is that much of the nitrogen available to plants in the soil comes from the action of fungi and bacteria on dead organic material. When the organic content of the soil is reduced, the available nitrogen to plants is reduced. Increasing the nitrogen content of the soil through fertilization increases the microbial activity of the soil and, increases the trees ability to fight off disease. Fertilizers containing mineral elements will help trees with root disease by increasing the trees vigor, and causing certain beneficial physiological responses. If the tree has fungal bodies (mushrooms) it's important to identify them, since some root rot diseases can create tree hazards even though the above ground part of the tree appears healthy. Micro - injection In some cases, such as when the tree has restricted or damaged roots, using the micro - injection technique may offer much greater health benefits to the tree. Micro - injection uses small, low pressure capsules filled with liquid materials. A tiny hole is drilled into the base of the tree, and a hard plastic tube is placed into the hole. The low pressure capsule is connected to the tube, and the liquid material moves directly into the sap stream of the tree, bypassing the absorbing roots. By putting nutrients directly into the trunk, the tree receives the benefits of systemic nutrients, while the soil organisms are unaffected. Bobby Joyner at Trugreen /Chemlawn says that fertilization is the one basic step that, dollar for dollar, helps trees more than all other treatments. He has seen clinical evidence of this over the many years that he has studied tree and shrub problems, and feels that fertilizer offers many tangible benefits to trees. We know that fertilizer increases vigor and growth of a tree. Fertilized trees, according to Joyner, have fewer insect and disease problems, and are better looking than unfertilized trees and shrubs. As Ron James in North Carolina has pointed out, one survival strategy trees employ is through the production of starch. Many insects cannot digest starch. Fertilized trees are better able to produce energy in the form of more starch in their sap and cells, thus making it more difficult for 3 Surviving Tree Stress, cont. insects to digest tree fluids. These insects will move to less vigorous trees, and feed on trees with less starch (less stored energy and more sugar) in their sap. Other benefits associated with fertilizing trees include: increased fruit weights, leaf size, greater wood production, greater feeder root development, and increased flower quality. Don't overdo it - most trees and shrubs can handle two to three pounds of nitrogen per year, but over - fertilization is a cultural boo -boo that has toxic results on the mycorrhizae. The type of fertilizer used should be determined by many factors including: plant species, soil conditions, and the time of year. As a general rule you will want to use a low salt, slow release NPK, with a balanced ratio of EDTA cheleated micro - elements early in the spring and late in the fall. Mycorrhizae Another important treatment for stressed trees is the use of mycorrhizae. In just the last couple of years, there has been an explosion of new mycorrhizal products available to tree care experts. Applications for use include: soil injection, drill hole, root dips, transplant soil amendments, and a host of other creative products. There is little question as to the usefulness of mycorrhizae on abused land sites. All trees that have disturbed roots will greatly benefit from additional mycorrhizae. Propagated trees and trees that are to be transplanted can all certainly receive tremendous benefits form mycorrhizal treatments. Mycorrhizae will, however, form naturally on most trees without help from humans. Mature trees in undisturbed sites will not benefit nearly as much from the addition of more mycorrhizae. An example of a tree in an undisturbed site could be described as "a mature tree that is no longer suffering decline symptoms after construction damage ". In general, be sure to use the right kind of mycorrhizae for the right type (either endo or ecto) of tree. Next to consider, is whether or not the tree will benefit from the use of additional mycorrhizae. The money is probably better spent on some other treatment if a tree's roots have been undisturbed for many years. Reduce Soil Compaction Soil compaction is the single largest killer of urban trees. Thee roots need loose soil to grow, obtain oxygen, and absorb water and nutrients. So how do you put the pore space back into place? A good analogy is our piece of bread. If you take a squashed piece of bread and lay it in a dish of water, what happens? The bread soaks the water like a sponge and the holes in the bread begin to expand. One way to do the same thing with the soil is to saturate the soil with very large volumes of water. The water penetrates and expands the pore spaces as it is pumped under high pressure. Another method of reducing tension in the soil is suggested by Bal Rao at the Davey Research Laboratory in Kent, OH. He says to use a two- or three- inch auger and drill holes 12- to 14- inches deep every 18- to 24- inches on center. Then, fill the holes with sand, pea gravel, or some other porous amendment to increase the porosity of the soil and allow oxygen and nutrients to more easily penetrate. The idea here is to create little islands that allow optimum tree root growth and development. Rao feels that every situation is different so assessment is critical. Trees with soil compaction damage usually need this type of soil aeration and fertilizer in order for new roots to then take over 4 Surviving Tree Stress, cont. for what was damaged. Another treatment combines drilling holes and using a mycorrhizal cocktail as part of the soil amendment. One more angle on the theme is to dig radial trenches out away from the trunk of the tree like the spokes of a wheel. There is some evidence to show that trenching is the most effective at reducing soil compaction and increasing root vigor in some species. All of these methods will significantly reduce soil compaction, but may need to be repeated or used in combinations over many years to acheive the desired result. Mulch Mulch is also very good for trees. Two- to three - inches of good organic, composted mulch will do many things to help the roots of trees. First, the mulch layer will act as a barrier to keep moisture from escaping the soil. Second, it adds to the organic content, microbial activity, and nutritional value of the soil. Third, and most important, it keeps the weeds and the "weed eater" away from the trunk of the tree. Of course, if you overdo mulching you stand the risk of establishing a very shallow root system, creating a port of entry for insects on the trunk and providing optimum conditions for an infection or disease. Be sure to make a "donut hole" in the mulch at the base of the trunk to prevent weakening of the bark. Diagnosing and treating tree problems is one of the most challenging things we do as tree people. There are a lot of misconceptions and misunderstood practices, and as a result, there are many misdiagnosed problems and too much malpractice. When we look at trees, we shouldn't just look at insects or disease - important as they may be - we should be seeing those problems as part of a chain reaction. The practitioner who really knows trees and knows how to save them would agree that more emphasis should be put on treating the underlying problem. Treatment of the obvious insect or disease should take place, but only in the context of targeting the much larger and difficult task of maintaining tree health, and creating conditions of long term survival. Treat the root of the problem if you really want to solve it. Marty Shaw (a. k. a. the Tree Doctor) is a certified arborist, a certified nursery professional, and President of TIPCO, Inc., in Knoxville, TN. His E -mail address is: treeguru @treedoc.com, and his website is located at www.treedoc.com. Reprinted from Arbor Age magazine, Volume 18, Number 10, October 1998. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: October 14, 1998 Date of Meeting: November 5, 1998 Subject/Agenda Item Consideration of approval for petition MISC- 98 -11, a request by Nader Salour, agent for Ballenlsles Community Association, Inc., for an amendment to a previously approved site plan of 31 custom single family home lots on Parcel 10 within Ballenlsles Planned Community District (PCD). The proposed changes to the site plan will affect the entry way, signage, and landscaping of the project. Ballenlsles Parcel 10 is located at the terminus of Fairwinds Avenue approximately %2 mile from Ballenlsles Drive. (12- 42E -42S) Recommendation /Motion: Staff recommends that Resolution 121, 1998 be approved with 3 conditions. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Finance NA $ [ ] Approved wi condiu , ACM Current FY [ ] Denied Human Res. NA Other NA Advertised: Funding Source: [ ] Continued to: Date: [ ]Op erating Attachments: Paper: [ ] Other - Resolution , 1998 - Resolution 101, 1998 - Resolution 47, 1998 -Table 1 — Existing Zoning & Land Use Designations wwMemo from Seacoast Utility dated 10/8/98 -Memo from City Forester dated 10/13/98 swMemo from City Engineer dated [ ] Not Required 10/14/98 Submitt Growth Affected parties Budget Acct. #: Directo [ ] Notified [ ] None Approved by: ICity Manager I [ ] Not required BACKGROUND: The Ballenlsles Planned Community District was originally approved by Ordinance 8, 1989. The subject parcel was approved as a Planned Unit Development (PUD) with the passage of Resolution 47, 1998. The subject parcel is designated as low density and has been approved for 31 custom single family homes, which is consistent with the land use. designation of the parcel. The subject property is 19.92 -acres and is located within Ballenlsles Planned Community District at the terminus of Fairwinds Avenue approximately %2 mile from Ballenlsles Drive. The current land use designation for the subject site is Residential Low (RL), and the subject property is zoned as a Planned Community District (PCD). The site is surrounded by Golf (G) and the proposed density for this project is 1.56 DU /AC, which is consistent with the Low Density designation on the Master Plan. The project will be developed in a single phase. The applicant is now submitting the details for the project entrance signage as well as the entry features for the City Council's review and approval. ACCESS: Access to the site will be from Fairwind Avenue, and the surface will be paved with speciality pavers. AMENDMENTS: The proposed amendments to the previously approved plan concern the entry feature (including signage) of the project, and an interior rotary park. The design proposed consists of an entrance wall sign located in the median of the entrance displaying the parcel's name. On either side of the median will be a flanking wall with a decorative fountain feature. Further into the site, a circular park is being proposed, which will be surrounded by decorative garden walls, paver walkways, and another fountain feature in the center. RECOMMENDATION: The Growth Management Department recommends APPROVAL of petition MISC - 98-11, -a request for amending a previously approved site plan to allow the construction of a decorative entry feature and interior rotary park, subject to the following conditions: Prior to the release of the landscape escrow monies for Parcel 10, the Landscape Architect of Record shall supply the City with three copies of the as -built landscape plan for the common areas within Parcel 10. 2. Prior to the issuance of a building permit, the applicant shall depict the location of water and sewer lines on the plan sheets for both the entry and rotary park. N 3. Prior to construction plan approval, all structural walls, columns, arches, and fountain designs shall be certified by a registered structural engineer. TABLE I EXISTING ZONING AND LAND USE DESIGNATIONS ea- PETITION MISC-98-11 &a ..................... ......... . . .. .... .. .... .. .............. .. .......... . . . ........ .. ......... . ...... ........ .... .. ...... ... .... Subject Property Planned Community District RL Ballen1sles; PCD, Parcel 10 (PCD) Residential Low North : Planned Community District G Ballen1sles PCD, Golf Course (PCD) Golf South : Planned Community District RL Ballen1sles PCD, Parcels 8a & b (PCD) Residential Low East : Planned Community District . G BallenIsles PCD, Golf Course (PCD) Golf West : Planned Community District G Ballen1sles PCD, Golf Course (PCD) Golf RESOLUTION 1211998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING THE SITE PLAN FOR PARCEL 10, GRANDE POINTE ESTATES, LOCATED WITHIN THE BALLENISLES PCD, AS ORIGINALLY APPROVED BY RESOLUTION 47, 1998 , BY ADDING AN ENTRY FEATURE AND INTERIOR ROTARY PARK; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council adopted Resolution 47, 1998, approving a site plan for Parcel 10, located within the BallenIsles Planned Community District; and WHEREAS, the original approval for 31 custom detached homes did not include approval of an entry feature and interior rotary park; and WHEREAS, an application has been submitted by Nader Salour, agent for BallenIsles Community Association, Inc., seeking to amend the approved site plan to include an entry feature and interior rotary park; and WHEREAS, the City's Growth Management Department has reviewed this application and has determined that the amendment to the site plan is consistent with the approved landscape plan, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens hereby approves an amendment to Resolution 47, 1998, approving a site plan for Parcel 10, known as Grande Pointe Estates, located within the BallenIsles PCD, for the construction of an entry feature and interior rotary park. Section 2. Said construction shall be consistent with plans on file with the City's Growth Management Department as follows: 1. September 21, 1998 Layout/Materials Plans, Krent Weiland Design, Inc., Sheet L -1. 2. July 29, 1998 Layout/Materials Plans, Krent Weiland Design, Inc., Sheet L -2. 3. July 29, 1998 Detail Sheets, Krent Weiland Design, Inc., Sheets L -3, L -4, and L -5. Section 3. Said amendment shall comply with the following conditions: 1. Prior to the release of the landscape escrow monies for Parcel 10, the Landscape Architect of Record shall supply the City with three copies of the as-built landscape plan for the common areas within Parcel 10. 2. Prior to the issuance of a building permit, the applicant shall amend the plan sheets to depict the location of water and sewer lines in and around the entry and rotary park. 3. Prior to construction plan approval, all structural walls, columns, arches, and fountain designs shall be certified by a registered structural engineer. Section 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF JANUARY 1998 ATTEST: LINDA V. KOSIER VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO G /SHORT: NUSC981 LRES !I MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT r� RESOLUTION 101, 1998 July 24, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLOR DA, APPROVING THE REPLAT OF BALLENISLFS POD 10; PROVIDING FOR AUTHORUATION TO EXECUTE THE MYLAR OF SUCH PLAT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Replat of BallenTsles Pod 10; WHEREAS, the City Engineer has determined that the proposed Replat meets all of the technical requirements of the City's Land Development Regulations and Chapter 177, F.S., and recommends the approval of the plat; and WHEREAS, the Plat is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The Replat of BallenTsles Pod 10, consisting of two (3) sheets dated August, 1998, prepared by Keshavarz & Associates, Inc., attached hereto as Exhibit "A" is hereby approved. SECTION 2. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of such Plat. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED T H I S � 3 � l /DAYOE R, 1 8 6;�tPkk RUSSO,MAYOR ATTEST LINDA V. KOSIER, CMC PAN. �WAW. /APPROVED AS TO T -FGAL FORM AND SUFFICIENCY CITY ATTORNEY RESOLUTION 101, 1998 PAGE 2OF2 VOTE: AYE NAY ABSENT COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN - - COUNCILMAN CLARK - - - - COUNCILMAN SABATELLO 0 RESOLUTION 47, 1998 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN FOR THE CONSTRUCTION OF 31 CUSTOM SINGLE FAMILY HOME LOTS ON 19.92 ACRES ON PARCEL 10 IN THE BALLENISLES PLAINNNED CONIMUNITY DISTRICT; PROVIDING FOR WAVVERS; AND PROVIDING FOR ANN EFFECTIVE DATE. WHEREAS. the City has received an application by BallenIsles Development Company to approve a site plan for the construction of 31 custom single family home lots on 19.92 acres on Parcel 10 within the BallenIsles Planned Community Development; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1., The City Council of the City of Palm Beach Gardens, Florida, approves a site plan for the construction of 31 custom single family home lots on 19.92 acres on Parcel 10 located within the BallenIsles Planned Community Development. $ection 2. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: 1. April 17, 1998 Site Plan, Urban Design Studio, 1 Sheet 2. March 12, 1998 Preliminary Planting Plan, Krent Wieland Design, Inc., 1 Sheet $ection 3. The following waivers are hereby granted with this approval: 1. Minimum Front Building Setback - Section 118 -200 (g) (1), to allow 20 feet front yard setback. 2. Roadway Surfacing and Improvement - Section 114 -202, to allow speciality Resolution 47, 1998 Page 1 1 pavers. 3. Maximum Building Lot Coverage - Section 118 -200 (e), to allow 40% lot coverage. $ectiQn 4. This Resolution shall be effective upon adoption. PLACED ON FIRST READING THIS THE. V114 DAY OF , 1998. PLACED ON SECOND READING THIS THE „/� M DAY OF '1998. PASSED AND ADOPTED THIS THE ? /S7'DAY OF J7)A",l 1998. O b�lsO; MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. NOSIER SiJFFICIENCY. Z7 GfTq ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO -- VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK %k gashortr- 1\sp9802.re Resolution 47, 1998 Page 2 i SEACOAST UTILITIES .. PBG PLAN/ZONE Q 0o1 Soococast Utility Authority P.O. a" 103M Pion 83341 .9&- ns. f 7oeda 33410.9&-4 EXECVTI E OFFICE: October 8, 1998 VIA FAX: 775 -1014 Mr. John C. Lindgren II City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: BallenIsles ]Parcel 10 Entry and Interior Rotary Park Dear Mr. Lindgren: We offer the following comment on your transmittal dated October 7, 1998 concerning the referenced project. The applicant needs to depict the location of water and sewer lines on the plait sheets for both the entry and rotary park. Please call if you require additional information. Sincerely, SEACOAST UTTL1717� AUTHORITY Qh- Bruce Gregg Director of Operations ad cc: :Rim Bishop Jim Lance Scott Serra 4200 Hood Road, Palm Beach Gardens, Plorida 33410 -2198 Phone: Customer Service (581) 627.2920 I Execut" Office (561) 627.2900 J FAX (So 1) 624 -2639 Memo to File From: Mark Hendrickson, City ForesterA/W Subject: MISC- 98 -11, BallenIsles Parcel 10 Entry 7 Interior Rotary Park Design Date: October 13, 1998 I have reviewed the above - referenced plane and compared them to the plans approved under Resolution 47. 1998. The rotary design has changed significantly, therefore the approved preliminary planting plan also changes beyond its conceptual nature. The applicant states in their justification statement that the developer, as always, reserves the right to add more landscaping where possible at the time of installation. As always, I continue to encourage developers to upgrade landscaping where possible, but the City needs documentation of major landscape changes, in order to address future maintenance .questions by the HOA when the developer is gone. Rather than require the applicant to produce another conceptual landscape at this time, I recommend that the Landscape Architect of Record supply the City with an as -built landscape plan after the project is finished. I recommend approval of this petition with the following condition: Prior to the release of the landscape escrow monies for Parcel 10, the Landscape Architect of Record shall supply the City with three copies of the as -built landscape plan for the common areas within Parcel 10. — 1b4 �212102 OCT 14 '99 29:40 LINDAHL, BROWNING, FERRARI & HELLSTROM, INC, C.ONSULtING ENGINEERS, SURVEYORS 3 MAPPERS MEMORANDUM TO: Marty Minor '`t ZaROM: Tammy Jacobs DATE: October 14, 1998 s � "UBJECi': IWIenisles Pod 10 Plat (LBFH File No. 9"12 We have reviewed the Layou:/Material Plan and Detail sheets prepared by Krent Weiland Design, Inc, All structural walls, columns, arches and fountains designs will need to be certified by a registered structural engineer prior to construction plan approval. V ;P:\PBGMBMM0\0125kdm c: Bobbie Herakovich Roxanne Manning POST OFFICE BOX 727 • JUPITER. FLOS10A 33468 -012T 210 JUPITER LAKES 80LA.E`IAR0 • BU LO:NC3 5000, SUITE 104 • (561= 746.9248 • FAX: (561) 749 -0272 nlcp: /,Www;bth.com • e-mail: intoft h.co(r _ - wESr P14.M IiE, \c:H IUV1ret $TUART WRT VORC E OK140-U i;F CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: Novembers, 1998 Subject/Agenda Item: First Reading: Petition MISC- 98 -13, Urban Design Studio, agent for P.G. Partners, is requesting a waiver from the PGA Boulevard corridor overlay Section 118 -280 (g) (14), entitled "Building design guidelines" "Underground utilities ", and a modification to the approved City Centre landscape plan. (4- 42S -43E) Recommendation /Motion: Staff recommends denial of Ordinance 26, 1998 for (1) the waiver request, and (2) modification to the IandscaDe Dlan. Reviewed by: Originating Dept.: Costs: $i0 Council Action: Total City Attorney ] Approved Growth Management Finance N/A $ 0 [ ] Approved w/condafons ACM Current FY [ ]Denied Human Res. N/A Funding Source: [ ] Continued to: . Advertised: Other N/A Date: [ ] Operating Attachments: Paper: [ ] Other N/A Ordinance 15, 1997 [ x ] Not Required Ordinance 26, 1998 Submitted by: Affected parties Budget Acct. #: Map: Approved and proposed Landscape [ ] Notified plans & Elevation plans [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: Location, Zoning and Land Use Urban Design Studio, agent for P.G. Partners, is requesting a waiver from the PGA Boulevard corridor overlay, Section 118 -280 (g) (14). The waiver would allow over -head Florida Power and Light Company (FP &L) utility lines within the City Centre Planned Unit Development (PUD), formerly known as Oakbrook Center PUD. The approved landscape plan for the City Centre has been revised along the Ellison Wilson Road buffer within Phase I and abutting Phase 3 to be consistent with FP &L standards. The original Oakbrook Center Planned Unit Development (PUD) was approved by Mayor and City Council MISC -98 -13 Page 2 Ordinance 25, 1986, and the Flame Building PUD was approved on December 4, 1986 by Ordinance 25, 1986. On April 17, 1997, these projects were amended by Ordinance 15, 1997 to allow for 228,790 square feet of office, retail, bank, and restaurant space. The project also became known as the City Centre PUD with this approval. Throughout the above - mentioned approvals, Ellison Wilson Road improvements were required to provide new turn lanes into the project and onto PGA Boulevard. The Ellison Wilson Road improvements apparently triggered the relocation of the existing FP &L lines, which were once within the Ellison Wilson Road right -of -way adjacent to the City Centre PUD. The applicant has already relocated these powerlines to roughly the center of the 15' wide Ellison Wilson Road landscape buffer. The applicant states that due to conflicts with other utilities, the lines were placed in the buffer. The powerlines are totally within Phase 1, and adjacent to Phase 3 and 4. Phase 1, A1, 2 and 3 are under construction presently. Section 118 -280 (g) (14) states " all new, reconstructed, and /or relocated utilities within the PGA Boulevard corridor, including but not limited to electric, telephone and televison cable, shall be placed underground." Because they were relocated, these lines are subject to this provision. Additionally, the new over -head utility lines are presently in conflict with the approved landscape plans. According to FP &L, if the lines had been placed underground, the approved landscaping could be accomplished. The approved City Centre east and south elevations used during the initial review process show the proposed landscaping in relationship with the proposed buildings along Ellison Wilson, but no representation of powerlines are indicated. Please Note: The applicant has submitted Petition PUD 98 - 07, which is an amendment to the PUD, specifically to change the site plan approved for Parcel F (Phase 4), and the Phasing Plan. This petition will be reviewed by the Planning and Zoning Commission and City Council. This petition involves the lowering of the eleven story building to six stories, modifications to the parking garage, and the widening of the landscape buffer to accommodate landscaping and the FP &L over -head powerlines adjacent to Phase 4 only. City Forester Mark Hendrickson has reviewed the landscape plans proposed under the powerlines. The originally approved Oak trees and Washingtonia Palms are being replaced by Silver Buttonwood trees and Dwarf Date Palms. The proposed species are satisfactory species for under powerlines. He advises that where once there was one consistent landscape design along Ellison Wilson Road, there is the possibility that this project will have different landscape designs north and south of the main entrance off of Ellison Wilson. Staff recommends that the original landscaping be maintained. The Growth Management Department recommends denial of the waiver and landscape modifications. r ORDINANCE 15, 1997 l� April 17, 1997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF THE OAKBROOK CENTER PLANNED UNIT DEVELOPMENT AND THE FLAME BLM -DING PLANNED UNIT DEVELOPMENT FOR SITE PLAN APPROVAL OF OFFICE, RETATT., BANK, AND RESTAURANT SPACE; PROVIDING FOR CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens has received an application to amend the Oakbrook Center Planned Unit Development and the Flame Building Planned Unit Development, located at the southwest corner of PGA Boulevard and U.S. Highway One, to seek site plan approval for 228,790 square feet of office, retail, bank, and restaurant space, and WHEREAS, the City Council of the City of Palm Beach Gardens has determined that the application is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: .SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the amendment to the Oakbrook Center Planned Unit Development and the Flame Building Planned Unit Development, located at the southwest corner of PGA Boulevard and U.S. Highway One, for site plan approval for 228,790 square feet of office, retail, bank, and restaurant ti space. The project shall henceforth be known as the City Centre Planned Unit Development. SECTION 2. Approval of the amendment is approved based on compliance with the following conditions of approval; 1. If the Sausage treee or Ficus tree dies, the tree(s) shall be replaced with another specimen tree. The type of tree shall be determined by the property owner and the City Forester. 2. Stop signs, stop bars and right turn only signs shall be added to the Civil Construction Plans as needed prior to the issuance of the first building permit. f. 3. Construction of the first phase of Ellison Wilson Road improvements required for this project shall be complete prior to the issuance of the next building Certificate of Occupancy for the project. The balance of Ellison Wilson Road improvements required for this project shall be completed when access to the project is constructed in the southwest corner of the property. 4. Within the first six months after approval of this Development Order, the applicant shall apply for and diligently seek to obtain a permit from the Department of Transportation (DOT) for a median opening on U.S. Highway. One in accordance with the DOT Access Management Master Plan dated April 5, 1996 by William A. Lewis, Jr. P.E., District Traffic Operations Engineer (a copy of which is attached as Exhibit "A "), for constructing the new median opening on U.S. Highway One as referenced in the Access Management Master Plan for Oakbrook Drive (proposed), and for the purpose of serving the proposed interconnecting road between U.S. Highway One and Ellison Wilson Road. The new median opening and two lanes of the proposed interconnecting along the south boundary of the property between U.S. Highway One and Ellison Wilson Road shall be constructed prior to the earlier of (1) the closing of the existing U.S. Highway One directional median opening serving the project; or (2) issuance of a Certificate of Occupancy for Building F. Approval of the DOT permit and approval of the plans for the median opening and roadway construction must be accomplished prior to the issuance of the permit for Building F. Notwithstanding the foregoing, if the DOT Construction Permit for the new median opening cannot be obtained, the petitioner may proceed with construction of Building F as long as the petitioner agrees to provide access, ingress and egress to the adjacent property owners to the south and/or east, with the understanding and provision that the petitioner is granted equivalent reciprocal access, ingress and egress rights across the property to the east and/or south for the petitioner's equal use of the interconnecting roadway. 5. A final plat for this project shall be approved by City Council and recorded in the public records of Palm Beach County prior to the issuance of any Certificate of Occupancy for any buildings. Staff approval of a preliminary plat conforming to the City's LDIR :s and fully executed, with the exception of the existing land owners' interests, shall be submitted and approved by staff prior to issuing any permits for additional horizontal or vertical construction. To assure that construction is in accordance with approved civil construction plans and specifications and meets the requirements for the remaining signatories to execute the plat, the applicant shall post surety acceptable to the City for the construction of internal roadways and related site improvements, and for the parking improvements for Parcel "A 1 " and Parcel "B." In addition, any public improvements and landscape requirements will be subject to appropriate surety, which will be processed and released in accordance with standard procedures set forth in the City's Codes and Ordinances. Ordinance 15, 1997 Page 2 6. The new construction shall be designed such that the overall P.U.D. meets the City's criteria for level of service and performance standards as it relates to storm water run - off and a surface water management system. This requirement includes obtaining the necessary approvals for a positive outfall before any permits are issued for the next building or civil site construction. 7. The petitioner shall post a letter of credit ( "L.C. ") or other surety bond ( "bond'I acceptable to the City in the total amount of $125,000 which sum will represent the petitioner's contribution toward the six -lane improvement on PGA Boulevard between U.S. 1 and Ellison Wilson Road. The L.C. or bond will be posted' in percentage increments upon issuance of building permits with the percentage based on the ratio of square footage of the phase being constructed to the total new construction of 1$3,000 square feet. For example, if the construction sequence is Parcel D, then Parcel E, and finally Parcel F, the initial amount of the L.C. or bond to be posted is $18,443 due prior to the issuance of the building permit for the building located on Parcel D. The L.C. or bond amount would be increased to $32,787 prior to the issuance of the building permit for the building located on Parcel E and would be further increased to the total amount of $125,000 prior to the issuance of the building permit for the building located on Parcel F. The terms of the L.C. or bond shall allow the City to call an amount equal to 14.5% of the L.C. or bond amount posted at any given time upon the City's receipt of evidence that the Florida Department of Transportation (DOT) has executed a contract with an engineering firm for the design of the referenced improvement. The remaining balance of the L.C. or bond as may exist from time to time may be called by the City upon the City's receipt of evidence that the DOT has executed a contract for the construction of the referenced improvement. The L.C. or bond will expire on the date which is one year from the date that the certificate of occupancy is issued for the last building to be constructed. The City will not be entitled to make any calls on the L.C. or bond on or after that date. 8. The median on PGA Boulevard between U.S. 1 and Ellison Wilson Road shall have a Bominite;;ype treatment prior to the Certificate of Occupancy of the first building, subject to Florida Department of T fansportation approval. 9. There shall be two royal palms planted along the U.S. 1 entry drive, prior to the Certificate of Occupancy of the first building. 10. The property owner shall maintain all right -of -way landscaping, subject to Florida Department of Transportation approval. 11. The petitioner shall make provisions at the southwest corner of PGA Boulevard and U.S. Highway One for a location to place a "Welcome to the City of Palm Beach Gardens" sign. The sign location and design to be approved by the applicant and the City and the sign's size and character to be integrated into the project's sign program. Ordinance 15, 1997 Page 3 12. After each p. ,e/building Certificate of Occupancy is complete, the Landscape Architect of Record shall certify to the City in writing that the landscaping has been installed per the approved landscape plan. 13. The site plan shall limited to 181,390 square feet of office space (which includes up to 8,000 square feet of non - drive -thru bank space in Building F), 35,000 square feet of retail space, 3,300 square feet of drive -in bank use, and 9,100 square feet of restaurant space. 14. All the applicant's and petitioner's obligations set forth in the foregoing conditions, financial or otherwise, shall be fulfilled by petitioner, PG Partners and its successors or assigns. 15. Applicant shall return with a complete sign package for City Council approval within 30 days of the adoption of this Ordinance. SECTION 3. Construction of said Planned Unit Development shall be in accordance with the following plans on file with the City's Planning and Zoning Department: 1. March 10, 1997 Master Plan by Oliver Glidden and Partners. Page SP -1. 2. March 10, 1997 Site Sections Plan by Oliver Glidden and Partners. Page SP -2 3. March 10, 1997 Master Plan Phasing Plan by Oliver Glidden and Partners. Sheet SPPH. 4. July 3, 1996 Parcel D Floor Plan and Elevations by Oliver Glidden and Partners. Sheet D.1. 5. March 10, 1997 Parcel E Floor Plan and Elevations by Oliver Glidden and Partners. Sheet E.1. 6. July 3, 1996 Parcel F Parking Garage Plans and Elevations by Oliver Glidden and Partners. Sheet F.1. 7. June 3, 1996 Office Building Floor Plans by Oliver Glidden and Partners. Sheet F.2. 8. June 4, 1996 Parcel F Elevations by Oliver and Glidden and Partners. Sheet F.3. 9. July 3, 1996 PGA Boulevard Streetscape Elevation by Oliver Glidden and Partners. Sheet ELI. 10. July 3. 1996 Ellison Wilson Road Streetscape Elevation by Oliver Glidden and Partners. Sheet EL2. 11. October 9, 1996 South Roadway Streetscape Elevation by Oliver Glidden and Partners. Sheet EL3. 12. March 11, 1997 and July 3, 1996 Landscape Plan by Urban Design Studio. Sheets L -1, L -2, and L -3. 13. July 1996 Preliminary Site Drainage Plan by Messler and Associates. Sheet C -1. 14. December 23, 1996 U.S. 1 Planting Plan by Oliver Glidden and Partners. Sheet 1. SECTION 4. This Ordinance shall be effective upon adoption. Ordinance 152 1997 Page 4 'PLACED ON FIRST READudG THIS l� PLACED ON SECOND °� AY OF _ ��C,p/% 1997. READING THIS 170- DAY OF PASSED AND O D S° -DAY OF _ ��' _ 1997. 1997. MAY61 - JOSEPH R. RUSSO CO A MONROE VICE MAYOR LAUREN FURTADO rnT r�r�,► _ = J — ATTEST: LINDA V. KOSTFR, CMC, CITY CLERK BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN W Q DAVID CLARK APPROVED AS TO LEGAL, FORM AND SUFFICIENCY CITY ATI-ORNE�Y - AYE NAY AB,4 COUNCILMAN CLARK ble Ordinance 15, 1997 Page 5 November 2, 1998 ORDINANCE 26, 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ORDINANCE 15, 1997, WHICH APPROVED A PUD /LANDSCAPE PLAN FOR CITY CENTRE, FORMERLY KNOWN AS OAKBROOK CENTER GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PGA BOULEVARD AND ELLISON WILSON ROAD, BY APPROVING A WAIVER TO SECTION 118 -280 (g) (14), ENTITLED "BUILDING DESIGN GUIDELINES" " UNDERGROUND UTILITIES" AND BY AMENDING THE LANDSCAPE PLAN; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved the construction of 228,790 square feet of office, retail, bank, and restaurant space by adoption of Ordinance 15, 1997, which amended Ordinance 25, 1986 approving a Planned Unit Development at the southeast corner of PGA Boulevard and Ellison Wilson Road; WHEREAS, an application has been submitted by P.G. Partners requesting a waiver to the PGA Boulevard corridor overlay, Section 118 -280 (g) (14), which would allow over -head electrical lines along Ellison Wilson Road, and amending Ordinance 15, 1997 by amending the landscape plans; and WHEREAS, the City's Growth Management Department has reviewed this application and has determined that the proposed petition is consistent with the City's Comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of Palm Beach Gardens hereby grants approval of the waiver to Section 118 -280 (g) (14) for City Centre. Section 2. The City Council of Palm Beach Gardens hereby approves an amendment to Ordinance 15, 1997 to amend the approved landscape plan for City Centre. Section 3. Said amendment to the landscape plan shall be consistent with plans on file with the City's Growth Management Department as follows: October 9, 1998 City Centre Plant List by Oliver - Glidden & Partners. Sheets L -1 and L -2. 2. October 9, 1998 City Centre Streetscape Elevation by Oliver - Glidden & Partners. Sheets EL -2 and EL -3. Section 4. The amended landscape plan shall supersede the existing landscape plan. Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of their conflict. Section 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 5 DAY OF NOVEMBER, 1998 PLACED ON SECOND READING THIS DAY OF DECEMBER, 1998 PASSED AND ADOPTED THIS MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK W VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO Ordinance , 1998 Page 2 DAY OF DECEMBER 1998 COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT CO _ J p a • � I v� ' J J W - (r) -- -- •< LJ � I II no ql � � � � � ` � « \�. \� � . no r •R�Y '^I i i S �f ii f J P I'. � u• F 1 i f .- n � it .I�: �1 �■� ^�!; •� fly � •a -�' I F r •R�Y '^I i i S �f ii f ii �''�w�s f it .I�: �1 �■� ^�!; I�I^ � UJ p v n,,a'�i;ktils'� 0 m D n rn �nM-1 Mlt IR�l R. IFm[--1 m 11 RRRFIF=----Il �l rn r Cr, Cf i , #11-it C M V d 70 (� r v r: P'n O St 1=-D IF-7 SUFFOLK CONSTRUCTION COMPANY 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL 33410 561 - 691 -9673 Proposed Change Order #00003 H20 LNE Q JNSON DAIRY VS. JCK & BOR Project: PALM BEACH GARDENS MUNICIPAL COMPLEX Job: 9858 !ITY OF PALM BEACH GARDENS _0500 NORTH MILITARY TRAIL August 3, 1998 )ALM BEACH GARDENS, FL 33410 '.n Reference To / / Started: From Vendor SCC100 Completed: ?URNISH AND INSTALL NEW 8" WATER MAIN RUNNING FROM 95 RGHT OF WAY PARALLEL W/ 70HNSON DAIRY IN LIEU OF JACK AND BORE AT MILITARY AND TIE IN AT JOHNSON DAIRY LOAD. PROPOSAL INCLUDES ALL COSTS INCLUDING OVERHEAD AND PROFIT. DEDUCT TWO THOUSAND FIVE DOLLARS AND NO CENTS ...... $(2,005.00) 3REAKDOWN AS FOLLOWS: :=DIT FOR JACK & BORE/TAPS ...... $(29,700.00) ADD FOR NEW WATER MAIN ........... $ 27,695.00 TOTAL CREDIT $( 2,005.00) Cost: $ - 2,005.00 Acknowledged by: CITY OF PALM BEACH GARDENS Signed: By: Date: Pct-27-98 01:19P Concepts in Greener, 5612871164 P.02 •Y i P.Q Box 1756 Palm City, FL 34991 incepts in greenery tmw vtw demand OK vrry ball' REQUEST FOR CHANGE ORDER TO: SUFFOLK CONSTRUCTION CORP. 3801 PGA BOULEVARD, STE 1002 PALM BEACH GARDENS, FL 33410 ATTN. MARK RE: SOD AND IRRIGATION FOR INFIELDS OF FIELDS # 1.2,3, & 4. THE FOLLOWING IS A REQUEST FOR A CHANGE ORDER TO OUR CONTRACT W THE AMOUNT OF NINE THOUSAND TWO HUNDRED FORTY DOLLARS AND EIGHTY EIGHT CENTS, ($9,240.88), FOR THE ADDITIONAL. SOD AND IRRIGATION IN THE ABOVE REFERENCED INFIELDS WHICH WERE ORIGINALLY SPEC'D AS CLAY. THE FOLLOWING IS A COST BREAKDOWN FOR TEB.S REQUEST: 1. 11,236 SQ. FT. BERMUDA SOU FOR INFIELDS ORIGINALLY SPECIFIED FOR CLAY 11,236 X .34 CENTS PER SQ. FT. L; $3,820.24 2. FUMIGATION, GRADE, SOIL ADDITIVES ETC. 1 1,236 X. 13 CENTS PER SQ, FT, - $1,460.68 3. GROW IN PERIOD, (MOWING, FEK7TLIZER ,ETC.). LUMP SUM - $ 766.52 4. IRRIGATION (ONLY ABOVE REFERENCED INFIELDS). LUMP SUM = 52,700.00 SUB TOTAL a $8,767.44 TAX ON MATERIAL ONLY 473.44 TOTAL ADDITIONAL TO CONTRACT m $ 9,MM THANK YOU FOR YOUR TIME IN THIS MATTER. PLEASE ADVISE AS SOON AS POSSIBLE AS TO THE OUT COME OF 'TILTS REQUEST. SINCERELY. ROBERT W. HARM Pboaw 561.220 -36 +6 Fax: 561.287 -1164 gree+ae+y�gata+Mt SUFFOLK CONSTRUCTION COMPANY 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL 33410 561 -691 -9673 Proposed Change Order #00005 SOD AND IRRIGATION ON THE INFIELDS Project: PALM BEACH GARDENS MUNICIPAL COMPLEX Job: 9858 �ITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL August 28, 1998 PALM BEACH GARDENS, FL 33410 In Reference To / / Started: From Vendor SCC100 Completed: RE REQUEST A CHANGE ORDER TO OUR CONTRACT FOR THE ADDITIONAL SOD AND IRRIGATION IN THE INFIELDS OF BALLFIELDS #1, 2, 3 & 4. THE ORIGINAL CONTRACT DOCUMENTS SPECIFIED THESE INFIELDS TO BE CLAY. THE CITY OF PALM BEACH GARDENS HAS SINCE DIRECTED SCCI TO CHANGE THE ABOVE MENTIONED INFIELDS TO SOD. CONCEPTS IN GREENERY PROPOSAL AT 8/20/98 .................$ 9,240.88 SCCI SUPERINTENDENT .... 4 HOURS @ $47.91 ..................$ 191.64 SUBTOTAL ................... ..............................$ 9,432.52 BOND PREMIUM @ 1% .......... ..............................$ 94.32 BUILDERS RISK @ 0. 50 ....... ..............................$ 47.16 SCCI OVERHEAD & PROFIT ON SCCI WORK @ 100 ................$ 33.31 SCCI OVERHEAD & PROFIT ON SUBCONTRACTOR WORK @ 5 %........$ 462.04 TOTAL ADD THIS MODIFICATION ........ $10,069.35 ROUNDED ........ $10,069.00 Cost: $ 10,069.00 Acknowledged by: CITY OF PALM BEACH GARDENS Signed: By: Date: SUFFOLK CONSTRUCTION COMPANY 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL 33410 561 - 691 -9673 Proposed Change Order #00008 REVISIONS TO THE WATER /SEWER DWG'S Project: PALM BEACH GARDENS MUNICIPAL COMPLEX CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL PALM BEACH GARDENS, FL 33410 In Reference To / / Started: Job: 9858 September 17, 1998 From Vendor SCC100 Completed: ON AUGUST 27, 1998 REVISED WATER AND SEWER DRAWINGS WERE ISSUED BY MESSLER & ASSOC. AS A RESULT OF THESE REVISIONS, THE SITE UTILITIES CONTRACTOR WILL NEED TO MAKE CHANGES TO THE ORIGINAL SCOPE OF WORK. THE ADDITIONAL WORK INCLUDES AS FOLLOWS: ITEM #1 kT THE TIE -IN TO THE EXISTING 16 INCH WATER MAIN IN THE NORTHEAST CORNER OF THE PROPERTY, A NEW 16 INCH ASBESTOS x 8 INCH D.I. TRANSITION COUPLING, ONE 8 INCH .ATE VALVE, FIVE 8 INCH 45 BENDS, ONE JUMPER ASSEMBLY AND ONE SAMPLE POINT WILL 3E REQUIRED. THE TOTAL PRICE = 6,216.50 ITEM #2 PHE NEW WATER MAIN RUNNING ALONG JOHNSON DAIRY ROAD IS NOW DIVIDED INTO TWO ?F"SES. ONE 8 INCH GATE VALVE, ONE FILL AND FLUSH ASSEMBLY, AND ONE SAMPLE POINT I: BE REQUIRED. THE TOTAL PRICE = 1,740.00 CTEM #3 *kT THE EXISTING FIRE STATION ON BURNS ROAD, WATER WILL NOW BE DIVIDED INTO TWO ?HASES. ONE 8 INCH GATE VALVE, ONE FILL AND FLUSH ASSEMBLY, AND ONE SAMPLE POINT 1ILL BE REQUIRED. THE TOTAL PRICE = 1,740.00 3ULLIVAN BROTHERS PROPOSAL ON 9/15/98 ......................$ 9,696.50 3CCI SUPERINTENDENT ..... 8 HOURS @ 47.91 ....................$ 383.28 ' UBTOTAL ............................... .....................$10,079.78 3CCI BOND PREMIUM @ 1%... .. ..............................$ 100.80 3CCI BUILDERS RISK @ . 50 ..... ..............................$ 50.40 >CCI OVERHEAD & PROFIT ON SCCI WORK @ 100i ..................$ 53.45 ;CCI OVERHEAD & PROFIT ON SUBCONTRACTOR WORK @ 5 %..........$ 484.82 TOTAL ADD THIS MODIFICATION ............ $10,769.25 ROUNDED ...............$10,769.00 Cost: $ 10,769.00 cknowledged by: CITY OF PALM BEACH GARDENS i :d : By: Date: FROM : SULLIURN BROS PHONE NO. : 561 848 5559 SEP.15.1998 2:04PM P 2 UIIIVRN AM wc. September 15 1998 Suffolk Const.Co,. 3 $01 PGA Blvd. Suite 1002 Palm Beach Gardens, Fl. 33410 Re: Palm Beach Gardens Municipal Complex Att: Mr. John Lesh Dear John Water and Sewer drawings that were issued Aug. 27 1998 by Messier & Assoc. have revisions made by Seacoast Utilities & P.B.C. Health Dept., that will required a change order. The following is a list of changes plus pricing for each. 1. At the tie-in to exist. 16" water main in the north east corner of property we will need 16" asbestos x 8" D.J. transition coupling one 8" gate valve, five 8" 45 bends, one jumper assem, and one sample point. The cost for this work is $6216.50 (see attached cast breakdown) 2. On new water main running north along Johnson Dairy RD,, it is now divided into two phases (I & II ) we have to add one 8" gate valve one fill & flush assem, and one sample point. Prices are as per schedule of values. A. 8" gate valve $565.00 B. fill & flush. $950.00 C. sample point $225.00 Total cost for this $1740.00 3, At exist, fire station on Burns Rd. new water main can only be run to first fire hydrant north of addition. Water will also divided into two phases at this point ( I & 11), We have to add one 8" gate valve, one fill & flush and one sample point. Price is same as item #2 above $1740.00 Total change order needed $ 9696,50 If addition info. is required, please fill free to contact me. Sincerely 0 A 0 - W--k� Dick Destein Project Manager 2471 Port West Blvd. • West Palm Beach, FL 33407 • (561) 848 -6536 Fax (561) 848 -5559 FROM : SUL-L I URN BR ©S PHONE NO. : 561 648 5559 SE P. 15. 1998 2: 04PM P 3 ULLIVAN AOS. IHc. Change Order Request: 91598A Date: SEPT. 151998 Job: P,B,G, MUNICIPAL COMPLEX Description of Worn: TIE IN TO EXIST. WATER MAIN IN NORTH EAST CORNER OF PROPERTY LABOR COSTS ..... ». »....._. ...». »._...._ _ .. »_.._..__... __._..._......_ .... ».. ».__._........» IDO DESCRIPTION ,» QUANT . »w ».._ ........ _._........ HOURS O,T. .....__. » ............. RATE ___.....� ....._.... »._...._ _ TOTAL FOREMAN 1 8 $30.72 $245.76 OPERATOR 2 8 $17.55 $280.80 PIPELAYER 2 8 $17.55 $280.80 LABOR COSTS 2 8 $15.05 $240.80 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 LABOR COST $1,048.16 PAYROLL BURDENS A_.6952 $623.86 PLUS ALLOWABLE MARKUP: 10,00% $187.20 TOTAL LABOR $1,839.23 EQUIPMENT COSTS _ - - IDO DESCRIPTION QUANT »_._ HOURS RATE ,TOTAL » PC 300 TRACKHOE ........ 1. 8 . ».......... ».. - -.. $100.00.......__......._....... »$806bb » 250 LOADER 1 8 $45.00 $360.00 CREW TRUCK 1 8 $25.00 $200.00 VIBRATORY ROLLER 1 8 830.00 $240.00 COMPACTOR 1 8 $7.00 $58.00 PIPE LASER 1 8 $7.00 $56.00 $0.00 $0.00 $0,00 EQUIPMENT COST PLUS ALLOWABLE MARKUP: 10,00% TOTAL EQUIPMENT: $1,712.00 $171.20 $1,883.20. Page 1 2471 Part West Blvd. - West Palm Beach, FL 33407 • (581) 848 -5536 Fax (561) 848 -5559 t KUM : bULL 1 VHy t"Ma MIUNt NU. 561 84e 555y 5EP. 15. 1998 2.05PM P 4 _ ALATER/AL COSTS s OMIDE REHracs .ITEM _D_I _ »_...o__..._.._ ..__...... '_..Q...U...A N._.T UN, iT. _. TOTAL d DTRAN5. CUA' .. .._.._ . .. »._ � .............._..._......� ......W.._. A .$450.00. 8" GATE VALVE 1 EA $382.00 $382.00 JUMPER ASSEM 1 EA $400.00 $400.00 W'45 BENDS 5 EA $60.00 $300.00 SAMPLE POINT 1 EA $85.00 $85.00 8" MEGALUGS 12 EA $31.00 $372.00 THRUST BLOCKS 6 EA $25.00 $150.00 $0.00 MATERIAL & OUTSIDE RENTAL COST $2,139.00 SALES TAX 69/0 $128.34 PLUS HANDLING CHARGE 10.00% $228.73 TOTAL $2,494.07 SUBCONTRACTOR COST: PLUS ALLOWABLE MARKUP; SUBCONTRACTOR TOTAL: TOTAL RECAP TOTAL LABOR EQUIPMENT TOTAL MATERIAL 6 RENTAL TOTAL SUBCONTRACTOR TOTAL DIRECT SUBTOTAL BOND MARKUP GRAND TOTAL: Page 2 20.00% 0.00% $0.00 $0.00 $0.00 so.ao _ . $0.00 $0.00 $0.00 $0.00 $1,839.23 $1,883.20 $2,494.07 $0.00 $8,216.50 $0,00 $6.216.50 1 SUFFOLK CONSTRUCTION COMPANY 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL 33410 561- 691 -9673 Proposed Change Order #00010 P.R. #6 - PROVIDE A 2500# ELEVATOR Project: PALM BEACH GARDENS MUNICIPAL COMPLEX Job: 9858 CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL September 28, 1998 PALM BEACH GARDENS, FL 33410 From Vendor SCC100 In.Reference To / / Started: Completed: THE ARCHITECT HAS SUBMITTED PROPOSAL REQUEST #6. THIS PROPOSAL WOULD PROVIDE A 2500# ELEVATOR, EQUIPMENT, AND INSTALLATION VERSUS THE SPECIFIED 2000# ELEVATOR. MIAMI ELEVATORS PROPOSAL ON 9/30/98 ........ .....................$11,124.00 SCCI WORK TO PREPARE THE SLAB ..... ..............................$ 300.00 SUBTOTAL .... ............................... .....................$11,424.00 SCCI BOND PREMIUM @ 1% ............ ..............................$ 114.24 SCCI BUILDERS RISK @ . 50 .......... ..............................$ 57.12 SCCI OVERHEAD AND PROFIT @ 10* ON SCCI WORK .....................$ 30.00 SCCI OVERHEAD AND PROFIT @ 5o ON SUBCONTRACTOR WORK .............$ 1,112.40 TOTAL ADD THID MODIFICATION ................ .....................$12,737.76 ROUNDED ..... ............................... .....................$12,738.00 Cost: $ 12,738.00 Acknowledged by: CITY OF PALM BEACH GARDENS Signed: By: Date: �6 CP BUILDING ADDRESS CITY 15:33 MIAMI ELEVATOR 4 6250707 MIAMI ELEVATOR COMPANY REPAIR ORDER P B GARDENS MUNICIPAL COMPLEX OWNER 10500 North Military Trail Palm Beach Gardens, Florida 33410 SERVICE CONTRACT NO, DATED 09/30/98 Suffolk Construction Inc 3801 PGA Boulevard, Suite 1002 Palm Beach Gardens, Florida 33410 TEL. NO. . , FAX 561- 776 -7289 We authorized the following labor to be executed, and materials furnished on the subject a br 1be above building: Nfiiami Elevator Company shall furnish the necessary labor and material to increase the elevator capacity from 2000 lbs to 2500 lbs. TOTAL ADD: $11,124.00 Total Three Cars Please Note: This will be a holeless elevator. It is agreed that this Repair Order shall be authorized by a change order to the existing contract between Miami Elevator Company and Suffolk Construction. In the event that a mutually acceptable change order is not received within two (2) weeks, then Suffolk Construction agrees to pay the above total price within thirty (30) days from the receipt of the invoice and all terms and conditions referenced on this Repair Order will be applicable. Unless otherwise stated. Purchaser agrees to pay remaining balance in full on or before the completion of the work. It Is understood this Repair Order Is submitted for acceptance within 30 days from the date executed by MIAMI ELEVATOR CO. Customer acceptance of this Repair Order, and its approval by an executive officer of MIAMI ELEVATOR CO., will constitute exclusively and entirely the agreement for the service herein described. All other prior representations or agreements, whether written or verbal, will be deemed to be merged herein, and no other changes in or additions to this agreement will be recognized unless made in writing and properly executed by both parties. Subject to Terms and Conditions on reverse side. This proposal is hereby accepted: MIAMI ELEVATOR COMPANY Customer Acceptance Office at Building Authorized Representative Print Name - - Date REPMR 25 7567 Central Industrial Dr Riviera Beach, Fl 334 By �f , ��il/�l ....... - TifMaraist t 09/30/98 Approved by Title ... pate Serving ilorfda since 1941 SUBJECT TO TOWS AND CONDITIONS ON REVEASE SLOE SUFFOLK CONSTRUCTION COMPANY 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL 33410 561 - 691 -9673 Proposed Change Order #00011 P.R.. #2 - HURRICANE GAZING FOR F.S. Project: PALM BEACH GARDENS MUNICIPAL COMPLEX Job: 9858 :ITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL October 5, 1998 PALM BEACH GARDENS, FL 33410 In Reference To / / Started: From Vendor SCC100 Completed: J'HE ARCHITECT HAS PROPOSED THAT THE FIRE STATION UTILIZE ALTERNATE #2, SAME AS IN THE POLICE STATION AND CITY HALL. THIS WILL UTILIZE THE IMPACT RESISTANT (HURRICANE) GLAZING IN ALL EXTERIOR WINDOWS AND DOORS IN LIEU OF SINGLE PANE GLAZING. EXTERIOR WALLS SHALL HAVE PASSED IMPACT AND LOAD TESTING IN COMPLIANCE WITH THE TEST METHODS AND REQUIREMENTS OF SECTION 02315 OF THE SOUTH FLORIDA BUILDING CODE, DADE COUNTY EDITION. CHEROKEE GLASS AND MIRROR PROPOSAL ON SEPTEMBER 3, 1998............$21,750.00 SUBCONTRACTOR WORK FOR BLOCKING..$200 PER OPENING..AT 26 OPENINGS..$ 5,200.00 SCCI SUPERVISION .... Ca) $47.91 .... FOR 40 HOURS .......................$ 1,916.40 SUBTOTAL ....... ............................... .....................$28,866.40 SCCI BOND PREMIUM @ lo ............... ..............................$ 288.66 SCCI BUILDERS RISK @ . 50 ............. ..............................$ 144.33 SCCI OVERHEAD AND PROFIT @ 10; ON SCCI WORK ......± .................$ 191.64 SCCI OVERHEAD AND PROFIT @ 5% ON SUBCONTRACTOR WORK ................$ 1,347.50 TOTAL ADD THIS MODIFICATION ................$30,838.53 ROUNDED ................$30,838.00 9 Cost: $ 30,838.00 Acknowledged by: CITY OF PALM BEACH GARDENS Signed: By: Date: r 01/14/1994 08:14 5615864009 CHEROKEE GLASS PAGE 01 Cherokee Glass &Mirror Philco Glass, Inc. 2200 4th Avenue N. - Suite I - Lake Worth, FL 33461 Fax: S61- 5864009 Palm Beach: 561 - 586 -7060 FAX COVER PAGE DATE: September 3, 1998 TO: Suffolk Construction FAX #: 625 -0707 ATTENTION: John Lesh NUMBER OF PAGES _ 2 INCLUDING COVER PAGE RE: PBGMC - Fire Station - PR #2 FROM: Dean; Latta COMMENTS: Price breakdowns for your review and comment. J 1' i YKK Aluminum Stocklengths and Entrances ....... $ 4,400.00 Glass for Storefronts and Entrances .............. $ 3,100.00 Structural Seals and Perimeter Anchors and Caulking $ 1,300.00 Single Hung Window ......................... $ 250.00 Interior Glass and Mirrors ..................... $ 500.00 Material Totals Including Overhead and Profit ...... $ 9,550.00 =19= $ 8,500.00 $ 9,100.00 $ 4,000.00 $ 800.00 $ 500.00 $22,900.00 01/14/1994 08:14 5615864009 CHEROKEE GLASS PAGE 02 Shop Drawings and Engineering ................. S 850.00 Labor ( $35.00 per man hour) .................. $ 4,200.00 Net Totals of Material, Engineering and Labor ...... $14,600.00 S 850.00 $12,600.00 $36,350.00 Total Change (ADD) to Apply PR #2 .................... $21,750.00 Yours truly, Dean Latta SUFFOLK CONSTRUCTION COMPANY 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL 33410 561 - 691 -9673 Proposed Change Order #00012 FURNISH WATER SERVICE TO DUGOUTS Project: PALM BEACH GARDENS MUNICIPAL COMPLEX Job: 9858 CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL October 23, 1998 PALM BEACH GARDENS, FL 33410 In Reference To / / Started: From Vendor SCC100 Completed: THE ARCHITECT AND CITY HAS DIRECTED SCCI TO FURNISH A 3/4" WATER SERVICE WITH SHUT OFF VALVES FOR EACH DUGOUT (SIXTEEN TOTAL). THE ORIGINAL CONTRACT DOCUMENTS OMITTED THIS INFORMATION. DIXIE PLUMBING PROPOSAL ON 10/19/98 ....... ......................$4,136.12 SCCI SUPERINTENDENT..8 HOURS ... @ $ 47.91 .........................$ 383.28 SUBTOTAL ... ............................... ......................$4,519.40 SCCI BOND PREMIUM @ 1% ............ ..............................$ 45.19 SCCI BUILDERS RISK @ . 5% ........................................ $. 22.59 SCCI OVERHEAD AND PROFIT @ 100i ON SCCI WORK .....................$ 38.33 SCCI OVERHEAD AND PROFIT @ 5% ON SUBCONTRACTOR WORK .............$ 206.81 TOTAL ADD THIS MODIFICATION .............$4,832.32 ROUNDED ........... ......................$4,832.00 THIS PRICE ,IS VALID UNTIL THURSDAY 10/29/98 Cost: $ 4,832.00 Acknowledged by: CITY OF PALM BEACH GARDENS Signed: By: Date: 10 -14 -1998 11:09AM FROM DIXIE PLLMBING 407 747 3054 P.1 DIX� FLUMEWQ. INC. 115 JUNG ST. JIJ IZ; FL 33458 10/14/98 SUFFOM CONSTRUCTTON A'ITT'N: JCM LESH RE. MG. MUNICIPAL COMPLEX REQUEST. FOR CHANGE ORDER: FURNISH 314" WATER SERVICE WITH SHUT OFF VALVE FOR EACH DUGOUT (SIXTEEN TOTAL) $4.136.12 (3258.51 EA.) BREAKDOWN -AS FOLLOWS (DETAIL ATTACHED): MATERIAL: $914.48 TAX: 54.87 DIRECT LABOR, 2329.64 SUPERVISION: . 700.00 15%*. 137.17 lotl` L: 54,136.12 10 -14 -1998 11 :09AM FROM DIXIE PLljT18ING 407 747 3064 MIT BID led Oct 14.1922655 1991 Joe Id 1611 111311 TO 16 1100111 FA6a : 2 BARRISOR PRICES 4 11CC LIBOR Bid t I l6N l u D46cription Ref Ref Wilt Of Rate honot 1 ![A tlu TOM 9999 914.48 •. 1.14 914.1B 3 SUBTOTAL -------- - - - - -- 411.48 5 ' 8ALa8 lilt ' 7 MKIIn 10111 1103 914.48 2 6.11 SCSI 8 KIJOR 03011TIORS 1564 1.11 t 6.11 11 SUBTOTAL 54.87 12 ' DIUC! LLAOfli • 14 A9BRACE ilia 9999 72.81 ' 32.11 2,329.61 i5 SUPERVISOR ROURS 9999 17.51 70.11 17 SUBTOTAL 3 429.61 19 J0B SUBTOTAL 21 • OPBln". ai wisp 22 •••e•••••••••••••►•• 23 ILAT OMIKID 1519 14 EATERIAL 1513 25 EAJOR 210!111015 1591 26 SALES -TAI $ 1511 21 DIRECT LABOR 1317 21 I®IRECT LABOR 1517 30 JOB. TOTAL 32 > 1531 33 ADD PROM! TO BID 1532 34 31 1533 335 BOID 1531 37 ...•••.•..•...••.•.. 38 BID TOTAL 3,998.95 1 911.48 t 1.11 t 34.81 t 3,029.40 t 3,429.69 - t 1.136.12 t 4,136.12 't e.el • 3,998.95 15.01 131.17 4,136.12 c 1.61 4,136.12 c 1.11 4,13fi.12 4,136.72 P. 2 10 -1.1 -1998 11:1OAM FROM DIXIE PLUMBING 407 747 3054 In," 11 MARIM 16 OU000TS 915tel: 211 IOKISTIC VATIS u10 Its 4. Description C1tl8ORT 4 I SC8 41 PVC 5110118 314 PIPI $120048 314 III S' 184408 314. Gill VALVE - PPC -S 5251181 214 COGPLIKS 3111211 IICAIAiICI Sab -total total HUISOK PAICSS i FHCC LABOR fjfipc� 14 89 :39 :23 1998 gtantitr Kati unit Aatlrial lit 1,469.401 0.14 140.08 48.101 4.4 1l.2! 16.191 46.58 745.28 54.000 0.2 10.11 1,4/A.441 ( I i 1 (14.48 914.48 Labor DCit Labor bit I.e4 44.44 1.79 12.64 72.81 72.84 P. 3 SUFFOLK CONSTRUCTION COMPANY 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL 33410 561 -691 -9673 Proposed Change Order #00013 DELETE HOOD FANS IN THE CONCESSIONS Project: PALM BEACH GARDENS MUNICIPAL COMPLEX Job: 9858 CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL October 27, 1998 PALM BEACH GARDENS, FL 33410 From Vendor SCC100 In Reference To / / Started: Completed: THE CITY HAS REQUESTED SCCI TO REMOVE THE CONCESSION HOOD FANS FROM OUR CONTRACT. THIS IS BECAUSE THE KITCHEN EQUIPMENT ATTACHED TO IT IS PROVIDED BY THE CITY AND HAS NOT BEEN SPECIFIED AT THIS TIME. THEREFORE IT IS NOT FEASIBLE FOR SCCI TO CHOOSE THE CORRECT MANUFACTURER AND THUS IT IS IN THE CITY`S BEST INTEREST TO CHOOSE THE HOOD FANS ON TRIER OWN. CREDIT FROM THERMAL CONCEPTS ...............$(1,367.00) TOTAL CREDIT ........... ....................$(1,367.00) Cost: $ - 1,367.00 ?acknowledged by: CITY OF PALM BEACH GARDENS Signed: By: Date: Thermal Concepts Inc. 2201 College Ave. Davie, Florida 33317 CACO 39421 - CSCO 46961 - COCA 07939 954 - 472 -4465 - Fax 954- 370 -6410 Suffolk Coniiuction CO. 3890 PGA Blvd. ,Ste, 1002 Palm Bch, Gardens, Florida 33490 Attn : John Lesh Gentlemen, Re: PBG Municipal Complex Subj. Concesslons Hood Fans TCI Proposal: # .2 We herewith submit our proposal for the performance of the subject work. Our direct costs and allowable mark -ups for this work is 091369) as detailed on the enclosed breakdown shoots Please be advised that th/s price coverage is good for a period of (30) days. Should you wish us to proceed, kindly forward a written notice or change order for the above listed amount Respectfully, Thermal Concepts Inc. 1 Keith J. Brown Project Manager PBG Municipal Proposal 2.xis cG 'd 01b901£ti561 'ON XVJ S.IEONOO 1CWH3H1 Wd 60:21 NOW 96- 61 -100 CHANGE ORDER SPREAD SHEET PSG Municipal Complex Concessions Hood Fans Proposal #: 2 G.C. Proposal: 0 Protect Manager: KJS Date: 10119/98 DESCRIPTION HOURS UNIT PRICE TOTAL COST TOTAL MATERIALS $ 1,380.00' TOOL RENTAL TAX 8.0°% ($82) SUB -TOTAL ($1,442) 1,44 SUBCONTRACTOR SHEETMETA TEMPERATURE CONTROL INSULATION TEST 8, BALANCE PLUMBING SUB TOTAL SO $ LABOR HVAC JOURNEYMAN -0.1 HRS $32.85 ($3 HVAC FOREMAN -0.1 HRS $38.92 $4 HVAC APPRENTICE HRS $20.85 $0 HVAC LABORER HRS $11.84 so SERVICE TECHNICIAN HRS 559.25 $0 DRAFTING HRS STS-00 $0 Sue -C /FIELD SUPERVISION -0.02 HRS $38.92 $1 TRUCKING HR8 $58.70 $0 PROJECT ENGINEER 1 HRS $82.65 $83 RIGGING HRS $165 $0 SUB -TOTAL $75 75 JOB COSTS PERMIT FEE SCHEDULE 0 GENERAL CONDITIONS $0 SUB-TOTAL $0 $0 TOTAL COST $1,307 OVERHEAD $0 SUBTOTAL 1,38 PROFIT $0 SU9T- TAL ($1,36 BOND 0 TOTAL POG Municipal Proposal 2.Xis £0 'd OTML0c -61 'ON }{dd SIMNOO IVU83HI Wd 0121 NOW 86- 6I -'_.00 SUFFOLK CONSTRUCTION COMPANY 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL 33410 561 - 691 -9673 Proposed Change Order ##00014 ASBESTOS REMOVAL OF EXIST. 14" PIPE Project: PALM BEACH GARDENS MUNICIPAL COMPLEX Job: 9858 CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL October 27, 1998 PALM BEACH GARDENS, FL 33410 In Reference To / / Started: From Vendor SCC100 Completed: SCCI IS REQUESTING A CHANGE TO THE ORIGINAL CONTRACT BECAUSE OF AN ERROR IN THE CONTRACT DRAWINGS. THE DRAWINGS SHOW THE TIE -IN TO THE EXISTING WATER MAIN IN THE RETENTION POND. SINCE THIS IS NOT POSSIBLE, THE TIE -IN WAS MOVED 30' -0 FEET AWAY AND THUS A 30 FOOT LENGTH OF ASBESTOS PIPE HAS TO BE REMOVED SULLIVAN BROTHERS PROPOSAL ON 10/ 21/98 .................$5,392.23 SCCI SUPERINTENDENT .... 4 HOURS @ 47.91 .................$ 191.64 SUBTOTAL ......................... ......................$5,583.87 SCCI BOND PREMIUM @ 1-0,; ................................. $ 55.84 SCCI BUILDERS RISK @ . 50 . ..............................$ 27.92 SCCI OVERHEAD AND PROFIT @ 1001 ON SCCI WORK ............ $ 19.16 SCCI OVERHEAD AND PROFIT @ 51 ON SUBCONTRACTOR WORK .... $ 269.61 TOTAL ADD THIS MODIFICATION .... $5,956.40 ROUNDED .. ......................$5,956.00 Cost: $ 5,956.00 Acknowledged by: CITY OF PALM BEACH GARDENS Signed: By: Date: October 19 1998 Suffolk Const.Co.. 3801 PGA Blvd. Suite 1002 Palm Beach Gardens, Fl. 33410 Re: Palm Beach Gardens Municipal Complex Remove asbestos water main. Att: Mr. John Lesh Dear John SUFFOLK (31AW HUUTION Project Name; M�- Rec'd OCT 2 0 1998 Project Nwww,�r File _ Div The point of connection for new water main to exist. 14" water main is shown incorrectly on drawings. The correct point requires us to remove 30' -0 of 14" asbestos pipe. The price for this extra work is $5,392.23. The attached sheet is a breakdown of labor, equipment, materials and subcontractors. If additional info. is needed, please feel free to contact me. Sincerely Dick Destein Project Manager MR)ERGAOtm UTILITY CONTRACTOR GENERAL CONTRACTOR ULLIVRN ROS. INC. Change Order Request: 101698 Date: OCT 19 1998 Job: PALM BEACH GARDENS MUNICIPAL COMPLEX Description of Work: REMOVE 30' -0 OF 14" DIA. ASBESTOS WATER MAIN LABOR COSTS ID# DESCRIPTION - QUANT HOURS O.T. RATE TOTAL__ FOREMAN 1 8 $30.72 _ $245.76 OPERATOR - 2 8 $17.55 $280.80 PIPELAYER 2 8 $17.55 $280.80 LABOR COSTS 2 8 $15.05 $240.80 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 LABOR COST $1,048.16 PAYROLL BURDENS @.5952 $623.86 PLUS ALLOWABLE MARKUP: 10.00% $167.20 TOTAL LABOR $1,839.23 EQUIPMENT COSTS ID# DESCRIPTION . QUANT HOURS RATE TOTAL PC 300 TRACKHOE 1 8 $85.00 $680.00 250 LOADER 1 8 $45.00 $360.00 ROLLER 1 8 $30.00 $240.00 CREW TRUCK 1 8 $25.00 $200.00 $0.00 $0.00 $0.00 $0.00 $0.00 EQUIPMENT COST $1,480.00 PLUS ALLOWABLE MARKUP: 10.00% $148.00 TOTAL EQUIPMENT: $1,628.00 Page 1 2471 Port West Blvd.. West Palm Beach. FL 33407 • (5611848-5536 Fax (5611848-5559 MATEtdAL COSTS & OUTSIDE RENTALS ITEM DESCRIPTION _ QUANT UNIT RATE _...._ ............. ._........ ° • TOTAL $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 MATERIAL & OUTSIDE RENTAL COST $0.00 SALES TAX 6% $0.00 PLUS HANDLING CHARGE 10.00% $0.00 TOTAL $0.00 SUBCON mACTORS ITEM DE_SC_Riy i i0_N_ _ QUANT UNIT TOTAL_ _RATE 14 "ASBESTOS PIPE 1 LS� $1,750.00 $1,750.00 CUT $ REMOVE $0.00 $0.00 $0.00 $0.00 $0.00 SUBCONTRACTOR COST: $1,750.00 PLUS ALLOWABLE MARKUP: 10.00% $175.00 SUBCONTRACTOR TOTAL: $1,925.00 TOTAL RECAP TOTAL LABOR $1,839.23 EQUIPMENT TOTAL $1,628.00 MATERIAL & RENTAL TOTAL $0.00 SUBCONTRACTOR TOTAL $1,925.00 DIRECT SUBTOTAL $5,392.23 BOND MARKUP 0.00% $0.00 GRAND TOTAL: $5,392.23 Page 2 SUFFOLK CONSTRUCTION COMPANY 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL 33410 561 - 691 -9673 Proposed Change Order ##00015 JACK & BORE ACROSS BURNS RD Project: PALM BEACH GARDENS MUNICIPAL COMPLEX Job: 9858 CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL October 28, 1998 PALM-BEACH GARDENS, FL 33410 From Vendor SCC100 In Reference To / / Started: Completed: MESSLER & ASSOC. HAVE ADDED AN 18" JACK & BORE ACROSS BURNS RD. THIS IS AN EXTRA TO THE ORIGINAL CONTRACT DOCUMENTS. SEE THE ATTACHED FOR AN EXACT DESCRIPTION. IN ADDITION, SULLIVAN BROTHERS WAS IN THE PROCESS OF COMPLETING THEIR ORIGINAL SCOPE OF WORK, WHEN MESSLER CHANGED THE DESIGN AND THUS THE JACK AND BORE WAS ADDED TO THEIR ORIGINAL SCOPE OF WORK. SULLIVAN BROTHERS PROPOSAL FOR JACK AND BORE ON 10/19/98.......$38,259.53 SULLIVAN BROTHERS PROPOSAL FOR BACKCHARGING ON 10/19/98........$ 3,264.00 SCCI SUPERINTENDENT ... @ 20 HOURS @ $47.91/HR ...................$ 958.20 SUBTOTAL ....................................................... $42,481.73 SCCI BOND PREMIUM @1% ........... ..............................$ 424.82 SCCI BUILDERS RISK @ . 50 ......... ..............................$ 212.41 SCCI OVERHEAD AND PROFIT @ 100i ON SCCI WORK ....................$ 95.82 SCCI OVERHEAD AND PROFIT @ 5o ON SUBCONTRACTOR WORK ............ $ 2,076.18 TOTAL ADD THIS MODIFICATION ............ $45,290.96 ROUNDED ........... .....................$45,291.00 Cost: $ 45,291.00 acknowledged by: CITY OF PALM BEACH GARDENS Signed: By: Date: UNDEAGROI UnM CONTRRCTOA GENERAL CONTRACTOR October 19 1998 Suffolk Const. Co.. 3801 PGA Blvd. Suite 1002 Palm Beach Gardens, Fl. 33410 Re: Palm Beach Gardens Municipal Complex Jack & Bore across Tuns Rd. Att: Mr. John Lesh Dear John ULLIVAN AOS. INC. SUFFOLK G0'N5- Tf1(JGT10N Project Name _A. - Ira10P _ ec'd JCT 2 0 1998 Project tvc;,," _ 1%5 File Div. Messler & Assoc have added an 18" Jack & Bore across Buns Rd. The following is a breakdown of extras: add Jack & Bore, new manhole on south side of Burns, add 60' -0 of D.I.P. , core into manhole on north side of Burns, and connect new manhole to exist. manhole at the west with 8" SDR- 26.The price includes maintenance of traffic, dewatering and sheeting. The price for this extra work is $38,259.53. The attached sheet is a breakdown of labor,equipment, materials and subcontractors. If additional info. is needed, please feel free to contact me. Sincerely [ V Dick Destein Project Manager 2471 Port West Blvd. • West Palm Beach, FL 33407 • (561) 848 -5536 Fax (561) 848 -5559 UnDEaOROUND unary CONTRACTOR Ge4fflft «O OA Change Order Request: 101998 Date: OCT. 19 1998 Job: PALM BEACH GARDENS MUNICIPAL COMPLEX ULLIVRN ROS. INC. Description of Work: JACK & BORE UNDER BURNS ROAD, ADD MANHOLE SOUTH OF BURNS, CORE INTO MANHOLE NORTH OF BURNS & CONNECT TO EXIST. MANHOLE LABOR COSTS _..... _.....__........_- ___m..- __ ..._...._........ ID# DESCRIPTION QUANT ..... __...... _.._ HOURS O.T. __.. RATE ....... . TOTAL FOREMAN 1 40 $30.72 $1,228.80 OPERATOR 2 40 $17.55 $1,404.00 PIPELAYER 2 40 $17.55 $1,404.00 LABOR 2 40 $15.05 $1,204.00 MASON 2 20 $19.00 $760.00 $0.00 $0.00 $0.00 $0.00 $0.00 LABOR COST $6,000.80 PAYROLL BURDENS @.5952 $3,571.68 PLUS ALLOWABLE MARKUP: 10.00% $957.25 TOTAL LABOR $10,529.72 EQUIPMENT COSTS ID# DESCRIPTION QUANT HOURS RATE TOTAL PC300 TRACKHOE 1 40 $85.00 $3,400.00 250 LOADER 1 40 $45.00 $1,800.00 ROLLER 1 40 $30.00 $1,200.00 CREW TRUCK 1 40 $25.00 $1,000.00 LAZER 1 40 $7.00 $280.00 WELLPOINT SYSTEM 2 40 $65.00 $5,200.00 $0.00 $0.00 $0.00 EQUIPMENT COST $12,880.00 PLUS ALLOWABLE MARKUP: 10.00% $1,288.00 TOTAL EQUIPMENT: $14,168.00 Page 1 2471 Pert WPSt Rlvd • WPM Palm Reach. FL 33407 • (561) 848 -5536 Fax (561) 848 -5559 MATERIAL COSTS & OUTSIDE RENTALS ITEM DESCRIPTION - QUANT UNIT RATE TOTAL_ 8" D.I.P. 60 LF _ $19.00 $1,140.00 J & B CASING SPACERS 8 EA $84.00 $672.00 J & B END PLUGS 2 EA $50.00 $100.00 MANHOLE 1 EA $818.00 $818.00 8" SDR -26 PIPE 39 LF $2.10 $81.90 SHEETING / PLATES 1 LS $500.00 $500.00 MANHOLE ADPTS. 4 EA $50.00 $200.00 MISC: BRICK,MORTAR, 1 LS $200.00_ $200.00 CONCRETE $0.00 MANHOLE INVERT 1 EA $175.00 $175.00 ROCK 40 TON $12.00 $480.00 MATERIAL & OUTSIDE RENTAL COST $4,366.90 SALES TAX - 6% $262.01 PLUS HANDLING CHARGE 10.00% $462.89 TOTAL $5,091.81 SUBCONTRACTORS ITEM DESCRIPTION QUANT UNIT RATE TOTAL JACK & BORE 1 LS $6,800.00 $6,800.00 CORE EXIST. MANHOLE 1 LS $250.00 $250.00 M.O.T.(BARRICADES, 1 LS $500.00 $500.00 SIGNS, FLAGMAN) $0.00 PAINT MANHOLE 1 LS $150.00 $150.00 $0.00 SUBCONTRACTOR COST: $7,700.00 PLUS ALLOWABLE MARKUP: 10.00% $770.00 SUBCONTRACTOR TOTAL: $8,470.00 TOTAL RECAP TOTAL LABOR $10,529.72 EQUIPMENT TOTAL $14,168.00 MATERIAL & RENTAL TOTAL $5,091.81 SUBCONTRACTOR TOTAL $8,470.00 DIRECT SUBTOTAL $38,259.53 BOND MARKUP 0.00% . $0.00 GRAND TOTAL: $38,259.53 Page 2 MMCOWAKTOR COR ULLIVAN ROS. INC. October 191998 SUFFOLK CONSTRUCTION Suffolk Const.Co.. Project ;veme . 3801 PGA Blvd. Suite 1002 Rec'd OCT 2 0 19° Palm Beach Gardens, Fl. 33410 Project f�u�,,.,,;, —4 Re: Palm Beach Gardens Municipal Complex File _Div. Extra Work Att: Mr. John Lesh Dear John, On October 06,1998 Sullivan started work on the installation of the sewer Main, when it was discovered that drawings were wrong and would have to be revised. The work that we are back charging for is setting on and installing wellpoint system, excavating for manhole, and backfilling. The price for this extra work is $3,264.00. The attached sheet is a breakdown of labor and equipment If additional info. is needed, please feel free to contact me. Sincerely 0V1 C)-ex-� Dick Destein Project Manager 7471 Pnrt WPCt Rl\rri • WPO Palm RPar-.h FI '2R4()7 • MAI) R4R -x;c; (3 Fax /riRi) R4R- r'9;r'Q FORCE ACCOUNT 2471 Port West Blvd. • Riviera Beach, FL 33407 • (561) 848 -5536 • FAX (561) 848 -5559 UIIIVAN ROS. wc. 002134 DATE: PROJECT NO.:- CLIENT: " — �- �' C I � • C 1) PROJECT NAME • �� • �_ L� �v • �-� �� v . WORK DESCRIPTION: �•�`` L \� `� c ..� �� `0� o J L • G'1 - .� . .,., . Ak •i . t) l 0 LABOR 8 NUMBER I HOURS a) �� c' I RATE I TOTAL EQUIPMENT & NUMBER I HOURS I RATE I TOTAL 2-4 1 J1 2 At- `C 21 Z O u i i MATERIALS I OTY I PRICE 144 b TOTAL SUBCONTRACTOR QTY PRICE t I -- TOTAL TOTAL EOUIPMENT: $ TOTAL LABOR: $ 14 J _ TOTAL MATERIAL: $ TOTAL SUBCONTRACTOR: S TOTAL: S 73-111-4 INVOICE: DATE: REPORTED BY: `- �5 "�^r�` t� CLIENT APPROVAL: PROCESSED BY: C)\-fl r • .rig O M b► 41 41 'd•H�io F-4mn1.+ • "b o u" b� t) r4 u� 41 0v•• � u Qr— u go o aa" --1 ® fAO,',0M Ab O� Ary \ 10 0A 74, w4j �, � o 0 0 � � L� b 0u e 4:J 44 A Ems+ �+ O to a +� to / � O T! 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