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HomeMy WebLinkAboutAgenda Council Agenda 061898All these wishing to address the City Council need to complete the necessary form (supply located in back of Council Chambers) and submit same to the City Clerk prior to the meeting being called to order. CITY COUNCIL CITY OF PALM BEACH GARDENS REGULAR MEETING JUNE 18, 1998 7:30 P.M. REVISED 6/18/98 I. PLEDGE OF ALLEGIANCE I1. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin, Councilman David Clark and Councilman Sabatello. Ill. ANNOUNCEMENTS: Tuesday, June 23, 1998, 7:30 p.m., Planning and Zoning Commission Wednesday, June 24, 1998, 7:30 p.m., Education Advisory Board Thursday, June 25, 1998, 7:30 p.m., City Council Budget Workshop Monday, June 29, 1998, 5:30 p.m., Art Advisory Board IV. CITY MANAGER REPORT: V. PRESENTATIONS: 1. Western Northlake Corridor Study 2. "Buy Into the Gardens" Program VI. AWARDING OF BIDS: I . Awarding of Bid for Auditing Services Contract 2. Awarding of Bid for Imaging Equipment VII. ITEMS BY MAYOR AND COUNCIL: VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) IX. CONSENT AGENDA: 1. Approval of Minutes from 5/28/98 City Council Special Regular Meeting 2. Approval of Minutes from 6/3/98 City Council Special Regular Meeting 3. Approval of Minutes from 6/4/98 City Council Regular Meeting 4. Proclaiming July as Parks and Recreation Month and 7/12 -18/98 as Therapeutic Recreation Week. 5. Resolution 53, 1998 - Consideration of Approval of Golf Estates Villas Replat. 6. Resolution 57, 1998 - Consideration of Approval of Plat of Palm Beach Gardens Christ Fellowship Church. X. PUBLIC HEARINGS: Ordinance 11, 1998 Providing for an Amendment to Section 38 -88, SubParagraph (a), Entitled "Codes and Standards Adopted" of Chapter 38 of the Code, Entitled "Fire Prevention and Protection ", To Add a Reference to the National Fire Protection Association Life Safety Code." (Public Hearing, adv. 6/3/98; Consideration of Second Reading and Adoption) X. PUBLIC HEARINGS: (Cont'd) Resolution 46, 1998 Consideration of Approval Providing for Approval of a Site Plan for the Construction of an Office Building on 4.68 Acres on a Portion of Lot 10 and All of Lot 11 of South Park Center Within NorthCorp PCD (Public Hearing, adv. 6/11/98) X1. RESOLUTIONS: Resolution 52,1998 Consideration of Approval Authorizing the Issuance of the City's $4,400,000 Aggregate Principal Amount General Obligation Bonds, Series 1998. Resolution 54, 1998 Consideration of Approval of a Site Plan and Temporary Conditional Use for the Placement and Use of One Modular Unit at Nativity Lutheran Church. Resolution 55, 1998 Consideration of Approval for Two Office Buildings to be Known as the Fairway Office Center Located Within the PGA National PCD. Resolution 56, 1998 Consideration of Approval Providing for the Appointment of Three (3) Members to the Beautification and Environmental Committee. XII. ORDINANCES: (For Consideration of First Reading) X[II. ITEMS FOR COUNCIL ACTION: Voting Delegate for the 72nd Annual Florida League of Cities Conference Sidewalk Link to Military Trail From New City Hall/Police Station XIV. ITEMS FOR DISCUSSION XV. CITY ATTORNEY REPORT: XV1. 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 (407) 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. June 18, 1998 The Honorable Joseph Russo City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Re: Ordinance 13, 1998 (Noise Ordinance), Draft date - stamped June 11, 1998 Dear Mayor Russo: It's good to see the City Council and Staff concerned about updating Palm Beach Gardens Ordinances. Those of us who golf can certainly appreciate the need for equipment to begin daily maintenance before the first groups tee off. It stands to reason those homeowne5who purchased property adjacent to golf courses should be aware of the demands of keeping these courses in good shape for its members. I am in support of the change in the ordinance (Section 3, Sec. 34- 60) which addresses operation of golf course maintenance equipment prior to 7:00 a.m. Golfers also should be aware of the necessity of having warning sirens that announce the imminent danger of approaching foul weather. It would be in the best interests of the City of Palm Beach Gardens to include language in this ordinance which would mandate a type of warning device be present and operational on all public and private courses within the city, and that these devices would be exempt from any specific hours of operation. This action would protect not only our local citizenry, but also safeguard visitors to our City. I propose the following change in Sec. 34 -59 Construction Equipment: "Construction equipment may be operated in the actual construction of buildings and improvement of building sites within a residential district beginning at 7:00 am on any day from Monday through Friday, Saturdays after 8:00 am, notwithsanding any other provisions of this article, but shall be operated in compliance with any applicable performance standards set forth in this code." Residents of the City of Palm Beach Gardens should have the right to enjoy the peace and quiet of their residential neighborhoods, particularly on the weekends. These are the times we have the best opportunity to spend significant amounts of time enjoying our homes, and possibly enjoy a few extra hours of sleep. Please take this into consideration before finalizing Ordinance 13, 1998. Thank you for the opportunity to speak this evening. Joan Altwater cc: City Council Persons Bobbie Herakovich, City Manager Roxanne Manning, Growth Management Director APPENDIX D MEMO To: Kathy Girard From: Meg Smith 7�7 Subject: Northlake market needs analysis Date: June 16, 1998 (revised version) 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 trade area described below. The trade 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 trade areas are roughly two miles larger than the Northlake Study Area. The 5 mile radius differs from the trade area, in that the 5 mile extends south of the M canal. The 5 mile extends to approximately Bee Line and Northlake, while the trade area extends further to the Turnpike. Methodoloqy. 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 1. Square foot demand estimates for neighborhood retail commercial •r •.�•' :.•:•::4i:i {4i }: :...... i: : iiirl •�•r}::ti�::•'i:.', +:::'i'i}: r.... :. ^. %i: r. +.v:::::•: x. >:: >: +.,,�,� ..^�xr,: •'.•?$•Y�ti:::?:::::: .�y�y� 120,025 341,434 356,326 yr 133,367 368,659 386,491 r 157,852 414,816 443,501 'r 206,155 502,063 559,020 '€ 252,564 581,954 663,864 F 298,396 657,427 763,949 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 11. Square foot supply estimates of retail commercial ??•\\+.: } } } } } } }:4: ^:• }:• }:G:4: ?•}:4 }; :; • }: {.: \' ?v'�'• \.': {i• }:?• } } }•::iv4:• } } } } }: ! vi }' ti { •}lti}:v� �{?? i` \v. ?'. i}v.. . {; ., }.;. v', i } \k'r}4 \v. \ \tir: .,r{::nn..:::: ?. r,:;'!,. } }:;r:: r�?{Yj: <, ?^+fi'.•;}j$ }: •:} •. \ } :n \a.: {� ?�''f.•`.2�:: }rii < } "•'> :{ iti�: �' ;:,`v,}\•'v'v` \•4 \,`}; } "•4:i' `A� /. }.f. {.}%,v:. ?> :• } \:r. }} };•}i:•} }i'r • } }::;:•F•,:ii }v }v, ;; ..... �• \ +} v; 1+..v ?ifi:N�••''}•• •�}:?i•: } ;f/+1��/ J.•' ?:ti y::j{ 'ti,•{1 M1 \F. 'v \v:• }:::::::. �:: v; '•}.?•k •. v'•.•. 1vv�M:>.??: f.{•}: 4:::::{•}}•:.}:: F,.+{, f,.:. h.} �fi%/ �+.{.:{{ 4}}:ti v� .:,vi \.}•;.T•}:$ >,•.U��.�.��t� :. .. v 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 6,894 6,894 122,412 218,420 397,920 498,195 0 990,902 990,902 0 1,734,080 1,734,080 �i:•$:• isY:};:;:;:;:;:`•' rj}; F;:•,: r:•,:{ ti+:: ::;•' %v:•:•:::•i:•::ii: {:i:•:�: miiky . M.m. ••v •:• x:::::::: ...... vv, r \••.; •., •.} ?. } } }..; n. {:v:;:: 225 314 r. :r:..:... /....;; ..; rlv � {... r. 1,395,716 1,611,509 `> >° 2,354,687 Fs >' ..................:. 225 314 2,138,894 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 III. 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 service/total 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 I• �1f�[� 150 200 150 200 150 200 ;''i`ir'1 " "<`' 21 971 29 295 62 501 83,334 65,227 86,969 24,413 32,551 67,484 89,979 70,749 94,332 28 895 38 527 75 934 101 245 , 81,185 108,246 37 737 50 316 91 905 122,540 102,331 136,441 :'!`:' >< >'•.'' 46,233 61,664 106,529 142,039 121,523 162,031 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 service/total 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 ofoffice commercial /� y.i$ ,,;.•:.: Vin: �� .1j1� SifT.�i:•. \: g. ' ? ii} :0:� } }::4:• }:G: ^:• }:•}:• } }:• }:• iii:• }:: }i::i iiiiiii i•i:•i;:;: ; isi>}}}}}: t•: •i:•i:%:�•'•'.•''�:v:::::::.:•: •.•• + :::; t t X. 0 135,573 137,573 19,000 19,000 19,000 i{ 0 732,880 847,569 e3i('tt 0 1,476,058 1,590,738 •iif i:•:•iii:•:•:•:• }:i ?ii{•: < +' : i:: ::.. •.� 'viii iii:{ i• iiiiiii:•:•:• i:;:•, i; i•}:?: iiii ^:0:4:v } }:•:•:.•i:.•ii.i'. •''? i'' .i•iii i}i:Y• } i } � :}:: : : v.i.i.:•i..: . •... ., > i.: • ' pi • �.R. i • • ;• - -- -- ^:}: :........i... " .•� : . . 1. "''.. 889 53 1,004,142 rf ; t , 19,000 1,632,631 1,747,311 b2 gi Comparing 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. Sirice 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. 10 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. Western Northlake Corridor Land Use Study 64 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. INDUSTRIAL: There is very little built and approved but unbuilt industrial in the corridor area labeled industrial on the Future Land Use Map. Approximately 6% of the potential industrial land has been either approved or built to date. Roughly 463 acres vacant uncommitted industrial acreage exists in the corridor area, which could be developed as industrial. The fact that this amount of land designated for industrial has not been developed may indicate that there is no pressing need for additional industrial to be built at this time in this place. Other factors may influence the need for industrial: location, timing, drainage, etc. As an example of another factor, the January 1998 study prepared for the Business Development Board of Palm Beach County Inc., by the Center for Economic Competitiveness, SRI International, found that: "The vast majority of business people interviewed by SRI on this project stated that they had significant difficulties finding qualified employees in Palm Beach County due to the lack of skills in the pool of local graduates." Traditional demand calculations are sometimes based on absorption rates, but these may not give meaningful results in Palm Beach County. Given the lack of new industrial building /sales for building industrial over the past decade, extremely low demand, flat projections would result. Sales that have occurred have not, by and large, resulted in new industrial buildings, and therefore may not be corresponding to market demand but rather may suggest speculative purchases. Ron Berger, an expert in industrial real estate, was suggested by the National Association of Industrial Office Properties as a possible information source on this issue. Given the lackluster building of new industrial buildings and subsequent occupancy in Palm Beach County, Mr. Berger made a number of suggestions, including suggesting looking at a population /warehouse ratio. However, since industrial includes warehouse and office parks, a broader category of population /industrial land usage was sought. Population /industrial land usage Western Northlake Corridor Land Use Study 65 ratios for Dade and Broward were not available, but existing population /industrial land usage ratios were available for the Boynton and Delray areas, and therefore were used. The 463 acres of vacant, uncommitted industrial is compared to actual built industrial in Boynton Beach (including built portions of Quantum Park) and Delray Beach. These communities were chosen because their populations are about 50,000 each, which roughly corresponds to the population projected in the corridor area by the year 2015. If these existing populations needs for industrial are being met by existing industrial, then they may be used as standards for comparison. Boynton Beach and Delray Beach have approximately 2,785,595 square feet and 2,310,373 square feet respectively of built industrial. If the vacant, uncommitted industrial in the corridor is developed at a .30 FAR, which is more common but lower than the maximum required, approximately 213 acres would be needed to yield the equivalent amount of built industrial space in Boynton Beach. If the vacant, uncommitted industrial in the corridor is developed at .45 FAR, the maximum required, approximately 142 acres would be required to yield the equivalent built industrial space in Boynton Beach. 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, ii PB County Staff have updated the population model and commercial supply information in preparation for the Commercial Needs Assessment Study. Western Northlake Corridor Land Use Study 66 the earlier 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. It should also be noted that with the most recent supply information and the original (higher) population projections (consistent with the figures used in the original community /regional commercial analysis), even at a .20 FAR, there is currently no need for additional commercial. The demand exceeds the supply by approximately 130,000 sq.ft. by the year 2010, and by approximately 745,000 sq.ft. by the year 2015. cc: Steve Morales, Planning Division Beth Miller, Planning Division Aimee Craig, Planning Division F. Martin Perry; F. Martin Perry & Associates, Inc. J:\PLANOLD\NLAKE-LU\REPORT\FINALRPT.616 Western Northlake Corridor Land Use Study 67 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 6/08/9$ Subject/Agenda Item Award of auditing services contract Recommendation /Motion: To award an auditing services contract to Nowlen, Holt and Miner for the years ending September 30, 1998, 1999, 2000 and 2001. Reviewed by: Originating Dept.: Costs: $ 129,500 Council Action: Total City Attorney Finance [ ] Approved Finance $ 31,000 [ ] Approved ./ conditions Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: April 27, 1998 [ x] Operating Paper: Palm Beach Post [ ] Not Required [ ] Other Memorandum Submitted by: Kent R. Olson Department Director Affected parties ( ] Notified Budget Acct. #:: 01- 0900 - 519.3210 [ ] None Approved by: City Manager [ X ] Not required TO FROM SUBJECT DATE INTRODUCTION MEMORANDUM Bobbie Herakovich, City Manager Kent R. Olson, Finance Director kd Proposals for Auditing Services June 8, 1998 In 1994, the City solicited auditing proposals for an engagement to last four fiscal years. The City engaged Haas, Diaz and Company to perform the audit for the fiscal years ended September 30, 1994, 1995, 1996 and 1997. In April, the City advertised for auditing services and mailed our Request For Proposals (RFP) to ten (10) auditing firms. Of these ten, a total of four firms responded by the May 22 deadline. Assistant Finance Director Holly Luzader and I evaluated each of the four proposals independently based on the following criteria: Price /Cost Effectiveness, Experience in Governmental Auditing, Experience with the Government Finance Officers Association (GFOA) Certificate of Achievement in Financial Reporting Award Program, Skill and Experience of Staff Assigned, Management Letter Style, Completeness /Quality of Proposal and References. The "Price /Cost Effectiveness" factor constituted 25% of the total evaluation points. SUMMARY OF AUDIT PROPOSALS Based upon the criteria above, Nowlen, Holt and Miner was the highest rated firm. Below is a listing of the firms and their proposed fees for the first year and all four years to conduct the annual audit. The proposed fee from Haas, Diaz includes a cost -of- living adjustment(not to exceed 5 %) tied to the CPI for years two through four. Haas, Diaz calculated a 1.7% annual increase to arrive at its estimated fee for four years. However, if the CPI goes to 2 %, their fees over the four year period will be equal to Nowlen, Holt and Miner's fixed fee. The Single Audit Report may be required if the City receives more than $100,000 in federal grants. I anticipate the City requiring at least one Single Audit Report in the next four years. RECOMMENDATION I recommend that the City accept the auditing services proposal from Nowlen, Holt and Miner for a four year engagement in the amount of $129,500. Base Fee Total Fee Single Audit Nowlen, Holt and Miner $31,000 $129,500 $3,500 Haas, Diaz & Co. $31,400 $128,845(E) $5,000 Keefe, McCullough & Co. $45,000 $171,000 $5,500 Sharpton, Brunson & Co. $46,500 $190,500 $8,500 The proposed fee from Haas, Diaz includes a cost -of- living adjustment(not to exceed 5 %) tied to the CPI for years two through four. Haas, Diaz calculated a 1.7% annual increase to arrive at its estimated fee for four years. However, if the CPI goes to 2 %, their fees over the four year period will be equal to Nowlen, Holt and Miner's fixed fee. The Single Audit Report may be required if the City receives more than $100,000 in federal grants. I anticipate the City requiring at least one Single Audit Report in the next four years. RECOMMENDATION I recommend that the City accept the auditing services proposal from Nowlen, Holt and Miner for a four year engagement in the amount of $129,500. MEMORANDUM TO: Bobbie Herakovich, City Manager FROM: da V. Kosier, City Clerk DATE: June 15, 1998 SUBJECT: E -Size Plan Color Scanner and Color CAD Plotter Bid Results Staff advertised and received two bids to provide an E -Size Plan Color Scanner and Color CAD Plotter for the City Clerk's office. Bids were received from the following companies: Microforms Management Corporation $22,208.00 Imaging Solutions, Inc. 44,500.00 The scanner and plotter will be used to scan more than 30,000 plans presently on file in the City's Building and Planning and Zoning Divisions. The bid submitted by Imaging Solutions, Inc., was not in accordance with the "Instructions to Bidders ", and therefore was rejected. Staff recommends that the bid be awarded to the lowest and responsive bidder, Microforms Management Corporation, Palm Beach Gardens, in the amount of $22,208.00. Funds for payment of the scanner and plotter will be taken from the following FY 97 -98 budget lines: 01- 1420- 515.3150 in the amount of $20,000.00 and 01- 1440 -524 -3150 in the amount of $2,208.00. CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL REGULAR MEETING MAY 28, 1998 The May 28, 1998, Special 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, Chair Pro Tern. Eric Jablin, Councilman David Clark, and Councilman Carl Sabatello. PRESENTATIONS Richard Road Property Utilization Study Paul Friedman, Management Administrator, explained that the study considered use of a portion of the site for a boat and RV storage facility, which would produce some income for the City, and offer relief to residents who had a storage problem under the new Ordinance. It was found that people who owned these types of vehicles would need a place to work on them as well as to store them. By designing the facility with electricity and water available for washing vehicles, this facility would be very attractive to vehicle owners, and no comparable facility was now in existence in the area. Fees would be $25 /month or $300 annually for residents; non - residents would pay $40 /month or $480 annually. The site would accommodate 276 such spaces with approximately 200 estimated to be used by residents. The parcel could also accommodate a Public Works and/or Parks and Recreation Department storage facility, and/or a Police Department impound lot. The option of reselling the land was researched. Mr. Friedman stated it was his understanding that possible future extension of Congress Avenue would not affect this site. Discussion ensued regarding aspects involving police impound areas, residents' priority for RV and boat storage, excluding non_ resident storage, possible storage for commercial vehicles, funding, phasing construction, and liability issues. Councilman Sabatello reported that there had been a problem at a recent Zoning Board of Appeals with commercial vehicles where decisions had to be delayed because there was no real solution. Vice Mayor Furtado suggested a possible grandfathering situation for a limited amount of time for CITY COUNCIL SPECIAL REGULAR MEETING 5/28/98 2 residents with commercial vehicles. CITY MANAGER REPORT: City Manager Herakovich reported Governor Chiles had supported House and Senate Bills regarding fire pensions for which the City had urged support. The City Manager announced City Council meetings scheduled for June, 1998. PUBLIC HEARINGS: Ordinance 10, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 5/13/98, and held on the intent of Ordinance 10, 1998, providing for amendment of Site Plan for the Planned Unit Development known as Steeplechase; Providing for Conditions of Approval; Providing for Repeal of Resolution 80, 1996. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to adopt Ordinance 10, 1998, and to place same on second and final reading, by title only. The motion was seconded by Vice Mayor Furtado and unanimously carried. The City Clerk read Ordinance 10, 1998, by title only, on second and final reading, by title only. CITY COUNCIL SPECIAL REGULAR MEETING 5/28/98 W ADJOURNMENT There being no further business to discuss, upon motion by Councilman Clark, seconded by Chair Pro Tem Jablin, the meeting was adjourned at 9:05 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, CMC, CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL MEETING JUNE 3, 1998 The June 3, 1998, Special Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:35 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 Deputy City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Councilman Eric Jablin, Councilman David Clark, and Councilman Carl Sabatello. Vice Mayor Lauren Furtado was absent from the meeting due to a prior commitment. AWARDING OF BIDS Municipal Complex City Manager Herakovich requested the City Council consider awarding the bid for the Municipal Complex to the lowest responsive bidder, Suffolk Construction, in the amount of $12,226,124. The City Manager reviewed events leading to this point in the project and welcomed the new Project Coordinator, Ray Castro. Bill Mignogna presented evaluation of the bids, and reviewed qualifications of Suffolk Construction. Councilman Clark made a motion to award the bid for the City Hall and Police Station Complex Construction Contract to the lowest bidder, Suffolk Construction, in the amount of $12,226,124. Councilman Jablin seconded the motion. The motion carried by unanimous vote of 4 -0. ITEMS FOR COUNCIL ACTION: Authorization to Include Alternates & Enter into Construction Contract City Manager Herakovich requested the City Council consider authorizing the City Manager to include eleven identified items as alternates in the construction contract and to enter into a contract for construction of the Municipal Complex in the amount of $13,132,520. Discussion regarding the plaza walkways alternate ensued, and consensus was to continue discussion of this alternate at the next meeting to gain input from Vice Mayor Furtado. Additional discussion occurred regarding laminated glass vs. CITY COUNCIL SPECIAL MEETING 6/3/98 2 hurricane shutters, fees, FF &E estimates, and timing for various items such as interior design services. Councilman Clark made a motion to authorize the City Manager to include the alternates in the contract and to enter into a contract for construction of the Municipal Complex in the amount of $13,132,520. Councilman Jablin seconded the motion. The motion carried by unanimous vote of 4 -0. Mayor Russo expressed thanks to all who had worked on the budget for the Municipal Complex. Councilman Sabatello congratulated staff for coming in under budget. CITY COUNCIL SPECIAL MEETING 6/3/98 3 ADJOURNMENT There being no further business to discuss, upon motion by Councilman Clark, seconded by Chair Pro Tern Jablin, the meeting was adjourned at 8:30 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: CINDY HARVEY, DEPUTY CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JUNE 4, 1998 The June 4, 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: Chair Pro Tern Eric Jablin, Councilman David Clark, and Councilman Carl Sabatello. Mayor Joseph R. Russo and Vice Mayor Lauren Furtado were absent from the meeting due to prior commitments. ANNOUNCEMENTS Chair Pro Tem Jablin stated the announcements were as posted. CITY MANAGER REPORT City Manager Herakovich announced that a post office was proposed on Northlake Boulevard near Ibis Landing that should be convenient for some residents and help with traffic problems. Mrs. Herakovich announced that the Chamber of Commerce Municipal Breakfast would be on 6/19/98 at 7:45 .a.m. AWARDING OF BIDS Golf Course Chemical Spray Unit Councilman Clark made a motion, seconded by Councilman Sabatello, to accept the staff recommendation to piggyback the GSA product price list and award a purchase order to Hector Outdoor Turf of Deerfield Beach in the amount of $11,117.55 to purchase a chemical spray unit for the golf course. Motion carried by unanimous 3 -0 vote. Traffic Pre - Emption Equipment Councilman Clark made a motion, seconded by Councilman Sabatello, to accept the staff recommendation to piggyback Palm Beach County's bid to Midwest Traffic Products, Inc. in the amount of $37,700 to purchase traffic preemption system equipment. Motion carried by unanimous 3 -0 vote. Renewal Contract: Occupational Health Center Councilman Clark made a motion, seconded by Councilman Sabatello, to accept the staff recommendation to approve a renewal CITY COUNCIL REGULAR MEETING, 6/4/98 2 contract with Occupational Health Center of Palm Beach Gardens until June 30, 1999. Motion carried by unanimous 3 -0 vote. ITEMS BY MAYOR AND COUNCIL Councilman Sabatello Councilman Sabatello reported attendance at the PAL Boxing Clinic and complimented those working on this new program for doing a nice job. Councilman Clark Councilman Clark reported the Beautification and Environmental Committee had met and would be making a recommendation to plant trees in the median on Fairchild Gardens Drive at the Post Office site. Chair Pro Tem Jablin Chair Pro Tern Jablin reported progress on construction of the City's web page. COMMENTS FROM THE PUBLIC Joan Altwater Joan Altwater, 9180 Cypress Hollow Drive, addressed the City Council to express thanks to the City Council and staff for reducing noise from construction projects. Donna Lendz Donna Lendz, 513 Sandtree Drive, addressed the City Council regarding a proposed zoning change to industrial use by the County on land behind her home. Growth Management Director Roxanne Manning reported the City had requested additional buffering and noise control. Margie McGuire Margie McGuire, 328 Sandtree Drive, addressed the City Council concerning the proposed zoning change to industrial use by the County on property behind the Sandtree development. CONSENT AGENDA Councilman Clark made a motion, seconded by Councilman Sabatello, to approve the Consent Agenda. The motion was unanimously carried. The following items were approved on the Consent Agenda: 1. Minutes of 5/21/98 City Council Regular Meeting. 2. Resolution 40, 1998 - Consideration of Approval of the Plat of a Definitive Map of the Right -of -Way of Fairchild Gardens Avenue, Gardens Parkway, Kyoto Gardens Drive, Kew Gardens Avenue, Lake Victoria Gardens Avenue and Related CITY COUNCIL REGULAR MEETING, 6/4/98 PUBLIC HEARINGS: Ordinance 7, 1998 RESOLUTIONS: Resolution 50, 1998 ORDINANCES Ordinance 13, 1998 Easements. 3 Chair Pro Tern Jablin declared the Public Hearing open, which was duly advertised 5/19/98, and held on the intent of Ordinance 7, 1998, providing for amendment of Section 1 18 -38 of the Code of Ordinances, entitled "Submission of Application ", by Adding Provisions Regarding the Concurrent Processing of Petitions. There being no comments from the public, Chair Pro Tern Jablin declared the Public Hearing closed. Councilman Clark made a motion to approve amendments to Ordinance 7, 1998, seconded by Councilman Sabatello and unanimously carried by vote of 3 -0.. Councilman Clark made a motion to adopt Ordinance 7, 1998, and to place same on second and final reading, by title only. The motion was seconded by Councilman Sabatello and unanimously carried. The City Clerk read Ordinance 7, 1998, by title only, on second and final reading. Growth Management Director Roxanne Manning explained this was a workshop for a self - storage facility on Bums Road consisting of four buildings totaling 80,600 square feet. described the buildings and the proposed conditions of approval: and commented staff had no significant problems with this petition. Jeff Iravani, Consultant, explained only the 3 -story building was air conditioned, the buildings had been placed as far north as possible to allow trees to remain, and the sign waiver was requested so that the sign could be placed in a landscape island. Councilman Sabatello expressed concern with the size of the building and its lack of architectural features. Discussion ensued. More'windows or windows of a different shape were suggested. George Kelly commented 11 -14 mature oaks approximately 25' tall would be relocated. The City Council requested more consideration be given to landscaping next to the tall building itself. City Attorney Acton advised that a condition regarding construction of the northerly extension of East Park Drive would apply to this project.and to another project in the same development. Petitioner to incorporate Council suggestions and be placed on a future agenda. Growth Management Director Roxanne Manning reviewed CITY COUNCIL REGULAR MEETING, 6/4/98 Ordinance 13, 1998 - Amending Section 34 -56, Entitled "General Prohibition" of Article 111, Entitled "Noise" of Chapter 34, Entitled "Environment" of the Code of Ordinances, which applied to golf courses. Concern was expressed regarding timing parameters and purchasing equipment designed to muffle sound. City Attorney Acton requested first reading of Ordinance 13, 1998 be deferred to allow time for revision and research. The issue of whether an RFP would be sought for management of the City's Golf Course was delayed for discussion when the frill City Council could be present. CITY ATTORNEY REPORT City Attorney Acton reported the Ensinger vs. Palm Beach Gardens case had been dismissed with prejudice. ADJOURNMENT There being no further business to discuss, upon motion by Councilman Clark, seconded by Councilman Sabatello, the meeting was adjourned at 8:34 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK PROCLAMATION WHEREAS, the use of our parks and participation in recreation programs add more balance to life, provide care of latch key children increase communication skills, build self - esteem, teach vital life skills, and provide safe places to play; WHEREAS, the benefits provided by parks and recreation serve to boost the economy, enhance property values, attract new business, increase tourism, reduce crime, diminish gang violence, and curb employee absenteeism; WHEREAS, the productive use of leisure builds family unity, strengthens neighborhood involvement, offers opportunity for social interaction, creates a more educated community, develops creativity, and promotes sensitivity to cultural diversity; WHEREAS, our parks and trails ensure ecological beauty, provide space to enjoy nature, help maintain premiums, make people happier, and help residents live longer; WHEREAS, recreational activities build strong bodies, reduce health care costs, decrease insurance premiums, make people happier, and help residents live longer; WHEREAS, recreation, therapeutic recreation, and leisure education are essential to the rehabilitation of individuals who have become ill or disabled or who have demonstrated antisocial behavior; WHEREAS, July 1998 has been designated as Recreation and Parks Month, and July 12 -18, 1998, has been reserved as National Therapeutic Recreation Week by the National Recreation and Park Association and the Florida Recreation and Park Association; NOW THEREFORE, I, Joseph R. Russo, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of July 1998 as: "RECREATIONAND PARKS MONTH" and July 12 -18, 1998, as "THERAPEUTIC RECREATION WEEK" in the City of Palm Beach Gardens, and urge all residents to join in this nationwide celebration bringing recognition to all the benefits derived from quality public and private recreation and park resources at the local and state levels. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Palm Beach Gardens, Florida, to be affixed this 18th day of June in the Year of Our Lord, Nineteen Hundred and Ninety Eight. j i� x ��_•._,� (19s4tili R. Russo, Mayor ATTES �,, 2,,.. ode V. Kosier, City Clerk June 8, 1998 RESOLUTION 51, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED FOR ADDITIONAL RIGHT -OF -WAY NECESSARY TO INSTALL THE RIGHT TURN LANE AT MILITARY TRAIL AND BURNS ROAD INTERSECTION; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Engineer has approved the conveyance of a Warranty Deed to Palm Beach County; and WHEREAS, the Warranty Deed will allow additional right -of -way necessary to install the right turn lane at Military Trail and Burns Road Intersection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a Warranty Deed between the City of Palm Beach Gardens, Florida, and Palm Beach County for right -of -way purposes to install a right turn lane at Military Trail and Burns Road Intersection, on, under and across lands owned by the City of Palm Beach Gardens, said lands being more particularly described in Exhibit "A" attached hereto and made a part hereof. Section 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS DAY OF JANUARY 1996. JOSEPH R. RUSSO, MAYOR RESOLUTIONN 51, 1998 PAGE 2 ATTEST: APPROVED AS TO LEGAL FORM LINDA V. KOSIER, CMC, CITY CLERK AND SUFFICIENCY I: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK CITY ATTORNEY AYE NAY ABSENT IL V to Department of Engineering and Public Works P.O. Box 21229 West Palm Beach. FL 33416 -1229 (561) 684 -4000 http:llwww.co.palm- beach.fl.us ■ Palm Beach County Board of County Commissioners Burt Aaronson, Chairman Maude Ford Lee, Vice Chair Karen T Marcus Carol A. Roberts Warren H. Newell Mary McCarty Ken L. Foster County Administrator F%bert Weisman. P.E. "An Equal Opportunity Affirmative Action Employer" Wprinted on recycled paper ��IVVV r April 21, 1998 Mr. Greg Dunham, Assistant City Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Fl 33410 -4634 Re: Project: Military Trail and Burns Road Intersection (Right turn. lane) Project. No.: 97108 Dear Mr. Dunham: Palm Beach County is in the planning stages of adding a right turn lane at Military Trail and Burns Road. Additional right -of -way will be necessary for this project. Our records indicate that the City of Palm Beach Gardens owns the property where additional right -of -way is needed. Enclosed is a Warranty Deed along with the legal and sketch for the property needed. Please respond to this request as soon as possible. If you have any questions, please contact me at 561- 684 -4119. Sincerely, Craig Wessendorf, Right -of -Way Specialist Right -of -Way Acquisition Section CW:sh Enclosures c: Ed Handy, Supervisor, Right -of -Way Acquisition Section Charles Rich,.Director, Engineering Services Division Mike Parab, P.E., Engineering Services Division PROPOSED R/W NOTES: PARCEL 100 1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER WHOSE SIGNATURE APPEARS BELOW. 2. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR 3. BEARINGS SHOWN HEREON ARE BASED ON THE PALM BEACH COUNTY GEODETIC CONTROL DENSIFICATION PROJECT WITH THE N -S 1/4 SECTION LINE OF SECTION 12 CALCULATED THEREFROM AND HAVING A BEARING OF N01 *33'25"E 4. ABBREVIATION LEGEND: P.O.C. = POINT OF COMMENCEMENT; P.O.B. _ POINT OF BEGINNING; O.R.B. = OFFICIAL RECORDS BOOK; D.B. = DEED BOOK; R/W = RIGHT -OF -WAY; STA. = STATION; SEC. = SECTION; TWP. _ TOWNSHIP; RGE. = RANGE 5.. THIS IS NOT A SURVEY DESCRIPTION: A PORTION OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE- QUARTER (S1 /4) CORNER OF SAID SECTION 12; THENCE N01'33'25 "E, ALONG THE NORTH -SOUTH ONE- QUARTER (N -S 1/4) SECTION LINE OF SAID SECTION 12, A DISTANCE OF 2153.06 FEET; THENCE S88'26'35 "E, 53.00 FEET TO A POINT ON THE EXISTING EAST RIGHT -OF -WAY LINE OF MILITARY TRAIL (PER DEED BOOK 814, PAGE 109; OFFICIAL RECORDS BOOK 1544, PAGE 1; AND OFFICIAL RECORDS BOOK 6173, PAGE 1811), SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N01'33'25 "E, ALONG SAID RIGHT -OF -WAY LINE, 457.11 FEET; THENCE N46'31'32 "E, ALONG SAID RIGHT -OF -WAY LINE, 35.13 FEET TO A POINT ON THE APPARENT SOUTH RIGHT -OF -WAY LINE OF BURNS ROAD (60 FEET WIDE); THENCE S88'30'04 "E, ALONG SAID APPARENT RIGHT -OF -WAY LINE, 30.13 FEET; THENCE S46'31'41 "W, 56.54 FEET; THENCE S01'33'25 "W, ALONG A LINE 15.00 FEET EAST OF AND PARALLEL WITH SAID EAST RIGHT -OF -WAY LINE OF MILITARY TRAIL, A DISTANCE OF 379.50 FEET; THENCE S15'03'10 "W, 64.27 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN PALM BEACH COUNTY, FLORIDA, CONTAINING 7251 SQUARE FEET (0.17 ACRES), MORE OR LESS. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS DELINEATED UNDER MY DIRECTION ON MARCH 18, 1998. 1 FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF AND MAPPERS. /PROFESSIONAL /SURVEYORS KATHLEEN L. HALL, P.L.S. FLORIDA REGISTRATION NO. 4103 L.B. #6555 KATHI -MN I„ HALL, I-ANb 5L VE YMNG, INC, LAW 5UWEV 'PING/ CAVI7 5FIZVICF,5 23257 S.R. 7, SUITE 207 SCALE: 1" = 1 DATE: 3/18/98 8 BOCA RATON, FL. 33428 SHEET 1 OF 2 2781100.DWG (561)487 -2447 JOB NO.: 2781 PROPOSED R/W PARCEL 100 I O 0 0 I N46'31'32 "E 35.13' I 50' 53' I Li Z o -_ 1. O co \ + AT. 1` ckf I 1^^ Y // V _ M J� N r- a� w a w Z ui W ~� cq ICQ go J W w� N 0 ^z I �± �z m U) &3 o S88'26'35"E I 53' 53.00' 1 2781100.DWG BURNS ROAD S88'30' t4 "E 30.13 STA.4 +70.50 107.96'RT. APPARENT 546'31'41 "W 56.54' R/W LINE rf STA.9 +30.50 68 RT. 15' O To AV/ 1 PROPOSED R/W LINE I* N n 0 V) A.5 +51 3 rk P.O.B. STA.4 +88.50 u w • 53'RT, in iD Z. N O J \ p N cr P.O.C.. z 1/4 COR. SEC.I2,TWP.42S.,RGE.42E. KATHL.M N L-, HALL LAN) 5LRVE�YI NG, INC. LANs 51JIM2 YINCV CAM %IZVIa5 23257 S.R. 7, SUITE 207 BOCA RATON, FL. 33428 (561)487 -2447 SCALE: 1" = 100' DATE: 3/18/98 SHEET 2 OF 2 JOB NO.: 2781 p•" „ Right -ol -Nay Acquisltion Section Name: Palm Beach County Enginaar ing Peat OfLlee Box 71779 Acdraas, Wut Palm Beach. Florida 13416 Attn: CRAIO WEBBENOOR/ Acct. No., 360- 361 - 0673 -6503 This Instrument Prepared by: Name: Paul F. Ring, Auistant County Attorney Palm Beach County Address: Poet Office Box 71779 Nut Palm Beach, Florida 33416 P.C. No.: S7- 47- 41- 17 -00- 000 -5300 SPACE ABOVE THIS LINE FOR PROCESSING DATA (Corporation) ( ( ( NOT TO BE RECORDED WITHOUT BOARD OF COUNTY COMMISSIONERS ACCEPTANCE DATE SPACE ABOVE THIS LINE FOR PROCESSING DATA PROJECT NO: 97108 ROAD: MILITARY TRAIL PARCEL NO. 100 WARRANTY DEED THIS WARRANTY DEED, made this day of , 19_, by CITY OF PALM BEACH GARDENS, 10500 N. MILITARY TRAIL, PALM BEACH GARDENS, FL 33410 -4634 a corporation existing under the laws of and having its principal place of business at hereinafter called grantor, to PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter called grantee. WITNESSETH: That the grantor, for and in consideration of the sum of TEN ($10.00) dollars and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee, all that•certain land situate in Palm Beach County, Florida, viz: Property more particularly described in Exhibit *Aa attached hereto and made a part hereof. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that it is lawfully seised of said land in fee simple for Right -of -Way purposes; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes subsequent to December 31, 199 . IN WITNESS WHEREOF the grantor has caused these presents to be executed in its name, and its corporate seal to be affixed, by its proper officers thereunto duly authorized, the day and year first above written. (CORPORATE SEAL) CITY OF PALM BEACH GARDENS- Signed, sealed and delivered in the presence of: (Signature of two witnesses required by Florida law) Witness Typed or printed name of witness Witness Typed or printed name of witness STATE. OF COUNTY OF BY: Typed or printed name of Corporation ITS PRESIDENT Typed or printed name of president 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL 33410 -4360 Mailing address ATTEST- ITS SECRETARY Typed or printed name of secretary BEFORE ME, the undersigned authority, personally appeared who is /are personally known to me or who has produced as identification and who did /did not take an oath, executed the foregoing instrument as such Officer(s) on behalf of the said Corporation for the uses and purposes therein expressed. WITNESS my hand and official seal this day of 19_ Signed: Notary Public in and for the County and State aforementioned NOTARIAL siAL 177 -LGL Typed or printed name of Notary Public Rev. 04/14/98 My Commission expires: RESOLUTION 53. 1998 .lone 15, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE GOLF ESTATE VILLAS REPLAT; PROVIDING FOR AUTHORIZATION TO EXECUTE THE MYLAR OF SUCH PLAT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Replat of Golf Estate Villas; 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 replat; WHEREAS, the Replat is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Replat is needed to reduce the number of Lots from 14 to 13. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The Replat of Golf Estate Villas, consisting of two (2) sheets dated June, 1998, prepared by Daley and 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 Replat. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS ATTEST LINDA V. KOSIER, CMC DAY OF JUNE, 1998 JOSEPH R. RUS'SO,MAYOR APPROVED AS' TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY RESOLUTION 53, 1998 PAGE 2 VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO LiLe 0 TO: Greg Dunham FROM: Tammy Jacobs DATE: June 4, 1998 I.INI )CAI II . HROWNIN(l. I I RRARI ,; 111-1 I_S I'RO )M, INC. I ( )s1d`,I I II' -.(. 1'..t jN1I R*, i9 \N.'d h:`, 1. ,t,N: I1( )RI, MEMORANDUM SUBJECT: Golf Estates Villas Replat (LBFH File No. 89 -0991) Enclosed please find the original executed photo mylar plat prepared by Dailey and Associates. Our Surveying and Engineering Departments have reviewed and found satisfactory the technical aspects of the referenced plat received February 17, 1998 in compliance with Chapter 177, Florida Statutes, and the City of Palm Beach Gardens requirements. Further, we have reviewed and found satisfactory the construction plans and approved permits. The applicant has also submitted certified cost estimates in the following amount: Drainage /Sewer/Potable Water $47,000.00 Paving $28,485.00 Irrigation $9,233.00 Landscaping $29,800.00 Total $114,518.00 Therefore, we recommend surety in the amount of $125,969.80 which, is 110% of $114,518.00. We have no further engineering concerns and are able to recommend City Council approval and recordation of the referenced plat. TJ pApbgmemo \991 h.doc c: Jack Hanson Cindy Harvey Dailey and Associates, Inc. POST OFFICE BOX -27, 1U PI ER, FL. :33468 -07'7 210 JUPITER LAKES BOULEVARD, BUILDING 501)0, SUITE 104 561) 7-16 -I "_'-18 FAX:,5611 746 -027' WEST PALM BEACH JUPITER STUART FORT PIERCE OKEECHOBEE X n - .. RESOLUTION 57, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE PLAT OF PALM BEACH GARDENS CHRIST FELLOWSHIP CHURCH; PROVIDING FOR AUTHORIZATION TO EXECUTE THE MYLAR OF SAID PLAT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Plat of Palm Beach Gardens Christ Fellowhip Church; 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 Palm Beach Gardens Christ Fellowship Church, consisting of two (2) sheets dated June 1998, prepared by Jay Alan Bonner, 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 JUNE, 1998 ATTEST: LINDA V. KOSIER, CMC JOSEPH R. RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY Resolution 57, 1998 Page 2 of 2 VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO ORDINANCE 11, 1998 Revised 6/10/98 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDINGTOR AN AMENDMENT TO SECTION 38 -88, SUBPARAGRAPH (a), ENTITLED "CODES AND STANDARDS ADOPTED" OF CHAPTER 38 OF THE CODE, ENTITLED "FIRE PREVENTION AND PROTECTION ", TO ADD A REFERENCE TO THE NATIONAL FIRE PROTECTION ASSOCIATION LIFE SAFETY CODE; PROVIDING FOR CODIFICATION; AND, PROVIDING FOR AN EFFECTIVE DATE. Whereas, it has been determined that the City's Fire Prevention and Protection Code needs to be amended to reflect more recent references. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Section 38 -88, Subparagraph (a) of the Code, entitled "Codes and standards adopted ", shall be amended to read as follows (added words underlined; deleted words s«-Lick): Sec. 38 -88. Codes and standards adopted. (a) the Standard Fire Prevention Code, latest edition; the National Fire Protection Association (NFPA), 101, Life Safety Code, latest edition; the city fire prevention standards, the rules and regulations of the state fire marshal; together with any subsequent amendments or addenda are hereby adopted' by reference and made a part of this article as if fully set out herein. SECTION 2. The provisions of this ordinance shall become and be made a part of the City of Palm Beach Gardens Code of Ordinances. SECTION 3. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF —51998. PLACED ON SECOND READING THIS DAY OF , 1998. PASSED AND ADOPTED THIS DAY OF —1998. Ordinance 11, 1998 Page 1 of 2 MAYOR JOSEPH R. RUSSO COUNCILMAN ERIC JABLIN VICE MAYOR LAUREN FURTADO COUNCILMAN DAVID1CLARK COUNCILMAN CARL SABATELLO ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY. VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO WATTERSON, HYLAND & KLETT, P.A. AYE NAY ABSENT CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410.4698 Memo March 31, 1998 To: Linda Kosier, City Clerk Fr: Scott A. Fetterman. Asst. Chief / Fire Marshal RE: Immediate need to modify City Code. A recent review of Florida State Statute, Chap 633.025 revealed that our existing City Ordinance, Chapter 38 -88(a) does not adopt all that is required by state law to meet the Minimum Fire Safety Code requirements. Our current code adopts the current edition of the Standard Fire Prevention as required by State Statute 633.025 (2)(a), but does not adopt the current edition of the National Fire protection Association (NFPA) 101, Life Safety Code, which is required by State Statute 633.025(3). Please modify Chapter 38 -88(a) of our City Ordinances to also adopt the current edition of the National Fire Protection Association (NFPA) 101, Life Safety Code so that we may be in compliance with State law. Please contact me if you have any questions. S.�ctioii 633.025 Page 1 of t 633.025 -Minimum firesafety standards. -- (1) Each municipality• county, and special district with firesafety responsibilities shall adopt minimum firesafety standards which shall operate in conjunction with the state minimum building code adopted by such local jurisdiction as required by s. 553.73. The minimum firesafety standards shall not apply to buildings and structures subject to the uniform firesafety standards under s. 633.022 and buildings and structures subject to the minimum firesafety standards adopted pursuant to s. 394.879. (2) Pursuant to subsection (1), each municipality, county, and :special district with firesafety responsibilities shall adopt and enforce the codes specified in paragraph (a), paragraph (b), paragraph (c), or paragraph (d) as the minimum firesafety code: (a) The Standard Fire Prevention Code, 1985 edition or subsequent edition, as adopted by the Southern Building Code Congress International. COMPLY - �' ,rr OaoNwoce (b) The EPCOT Fire Prevention Code. ads s� cal (c) The National Fire Protection Association (NFPA) Pamphlet 1, 1985 edition or subsequent edition. (d) The South Florida Fire Prevention Code, subject to the provisions of subsection (4). (3) In addition, each municipality, county, and special district with firesafety responsibilities shall adopt National Fire Protection Association (NFPA) 101, Life Safety Code, 1985 edition or subsequent edition, as part of the minimum firesafety code. ,fir DO NOT CO�+PIr - WE y�aD TO ADOPT C4RRC�.1T, QD1T ►opt. (4) It is the intent of the Legislature that a South Florida Fire Prevention Code be promulgated as a further option to counties, municipalities, and special districts with firesafety responsibilities as an alternative to the firesafety codes specified in paragraphs (2)(a), (b), and (c). In the event that an appropriate South Florida Fire Prevention Code is submitted by the Broward County Board of Rules and Appeals or the Dade County Board of Rules and Appeals to the Legislature by March 1, 1988, such code or codes shall be deemed to be an alternative to the firesafety codes specified in paragraphs (2)(a), (b), and (c) as of July 1, 1988, unless the Legislature expressly prohibits the use of such code. Until July 1, 1988, Dade and Broward Counties may use the firesafety standards within their current Fire Prevention Code as an alternative. In the event Dade or Broward County fails to adopt a South Florida Fire Prevention Code as of July 1, 1988, then such county shall be subject to subsections (2), (3), and (6). (5) Such codes shall be minimum codes and a municipality, county, or special district with firesafety responsibilities may adopt more stringent firesafety standards. Such county, municipality, or special district may establish alternative requirements to those requirements which are required under the minimum firesafety standards on a case -by -case basis, in order to meet special situations arising from historic, geographic, or unusual conditions, if the alternative requirements result in a level of protection to life, safety, or property equal to or greater than the applicable minimum firesafety standards. For the purpose of this subsection, the term "historic" means that the building or structure is listed on the http: / /www. leg. state.fl.us /citizen/documents /statutes /1997/chO633/EO25_.HTM 3/18/98 S. ^ction 0 1 .02 Page 2 of National Register of I listoric Places of the United States Department of the Interior. (6) The minimum lresafcty standards that counties, municipalities, and special districts are required to adopt pursuant to this section shall be adopted by January 1, 1988. No municipality or county or special district shall be required to amend an ordinance which presently complies with this section. In the event that any such local governmental entity fails to adopt minimum firesafety standards by January" 1, 1988, the minimum firesafety standards shall consist of the Standard Fire Prevention Code, 1985 edition, and National Fire Protection Association (NFPA) 101, Life Safety Code, 1985 edition. (7) The new building or structure provisions enumerated within the firesafety code adopted pursuant to this section shall apply only to buildings or structures for which the building permit is issued on or after January 1, 1988. Subject to the provisions of subsection (8), the existing building or structure provisions enumerated within the firesafety code adopted pursuant to this section shall apply to buildings or structures for which the building permit was issued or the building or structure was constructed prior to January 1, 1988. (8) With regard to existing buildings, the Legislature recognizes that it is not always practical to apply any or all of the provisions of the minimum firesafety code and that physical Iimitations may require disproportionate effort or expense with little increase in lifesafety. Prior to applying the minimum firesafety code to an existing building, the local fire official shall determine that a threat to lifesafety or property exists. If a threat to lifesafety or property exists, the fire official shall apply the applicable firesafety code for existing buildings to the extent practical to assure a reasonable degree of lifesafety and safety of property or the fire official shall fashion a reasonable alternative which affords an equivalent degree of lifesafety and safety of property. The decision of the local fire official may be appealed to the local administrative board described in s. 553.73. (9) Nothing herein shall preclude a municipality, county, or special district from requiring a structure to be maintained in accordance with the applicable firesafety code. (10) With respect to standards established by the National Fire Protection Association (NFPA) 101, Life Safety Code, 1985 edition, s. 19- 3.4.2.1, those standards shall not apply to structures having direct access to the outside from each living unit and having three stories or less. (11) With respect to standards established by the National Fire Protection Association (NFPA) 101, Life Safety Code, 1985 edition, s. 19- 3.4.4.1, battery operated smoke detectors shall be considered as an approved detection device for buildings having direct access to the outside from each living unit and having three stories or less. History. - -s. 6, ch. 87 -287; s. 1, ch. 88 -362; s. 8, ch. 91 -110; s. 2, ch. 91 -189; s. 8, ch. 95 -379. http: / /www.leg. state. fl. us /citizen/documents /statutes /1997/chO633/EO25_.HTM 3/18/98 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: June 18, 1998 Subject /Agenda Item: Consideration of Approval: Petition SP- 97 -19: Northcorp Lot 10/11: South Park Plaza Hank Skokowski, agent for Northcorp Development, Inc., is requesting site plan approval for a 69,208 square -foot office building within the South Park Center plat of the Northcorp Corporate Park, to be called South Park Plaza. The petitioner is proposing to utilize both existing lots 10 and 11 for the building site area. The site area is approximately 4.68 acres in area. South Park Plaza is located on East Park Drive, approximately 1/4 mile north of Burns Road. (7- 42S -43E) Recommendation /Motion: Staff is recommending approval of Resolution 46, 1998 with three (3) conditions. Reviewed by: Originating Dept.: Costs: E_0 Council Action: Total City Attorney [ ] Approved Finance N/A $ 0 [ ] Approved Mc.nditwo Current FY AC PA [ ] Denied — Human Res. N/A Funding Source: [ J Continued o:_ Advertised: Other N /A_ Date: [ lOperating Attachments: Paper [ x ] Not Required [ ] Other_ N/A Resolution 46, 1998 Site Plan, Landscape Submitted by: Plan, Alternates A & B Principal Planner Affected parties Budget Acct* Memos: City Engineer, [ ] Notified Police, Fire, Seacoast [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: Location, Zoning and Land Use The Northcorp Center plat was originally approved by Resolution 82. 1989. The Northcorp PCD was approved by Ordinance 1, 1990 and the South Park Center Plat was approver by Resolution 2, 1990. The Northcorp Center PCD was further amended by Resolution 65. 1992, which provided for a streetscaping scenario for the entire PCD. TABLE 1 & 2 EXISTING ZONING AND LAND USE DESIGNATIONS AND SITE ANALYSIS EXISTING USE ZOAIING LAND: USE Subject Property : Planned Community Development industrial I Vacant of entire PCD North : Planned Community Development Industrial Vacant of PCD South : Planned Community Development Industrial Vacant yes East : Planned Community Development Industrial Vacant West : Planned Community Development Industrial Vacant Height Restrictions 10 stories Zoning: PCD Northcorp PCD Required /Allowed Provided Compliance Land Use: I (Ordinance 1, 1990) Rooftop Screening All Antennas, Microwave Re uirements Dishes and Rooftop Floor Area Ratio Maximum FAR not to 33.9% FAR for the To be SAF!►dCIES Front Per Ordinance 1, 1990 yes Petition SP -17 -19 Page 2 exceed 38% at buildout individual parcel. determined of entire PCD at buildout of PCD Front Yard Setbacks 25' + 1' for every 3 additional 45 10" yes feet of building height above .5'= 33.5 f?et Height Restrictions 10 stories 3 stories yes Minimum Open Space 28 °6 33 ^% ' yes Rooftop Screening All Antennas, Microwave yes Dishes and Rooftop Equipment Lot Coverage 40% maximum - 2.5°% for 11.3% Yes every floor above 2 floors = 37.5 °% maximum ning Comparison: fM!l lndustriat District i SAF!►dCIES Front Per Ordinance 1, 1990 yes Petition SP -17 -19 Page 2 Side 15 feet 116 feet yes Side Facing Street 40 feet N/A N/A Rear 15 feet 93.5 feet yes Parking 8 feet 8 feet yes Required Number 1 space for every 300 square 258 yes feet, 69,208/300= 231 spaces within 40 feet of tree l ) required 1,164 points of yes i Stall Size i 10 feet by 18.5 feet 9 feet by 18.5 feet yes i (9 feet by 18.5 feet if (additional open space length= 15 feet max. yes additional open space is created) height= 4 feet max. created) Area =60 square feet max. Area 30 square feet Landsca�wrtg i Points 6,229 8,104 yes i Petition SP -17 -19 Page 3 Front a 15 feet 20 feet yes Side 8 feet 8 feet yes Rear 8 feet 8 feet yes Parking Areas Every parking stall within Every parking stall yes 40 feet of tree within 40 feet of tree l Preservation Section 98 -1 intent 1,164 points of yes i I preserved trees: Ficus, property line i Dimensions Live Oak, Sabal Palm length= 15 feet max. Petition SP -17 -19 Page 3 -S Ground Signs 315.26 feet of R.O.W.= one ground sign i yes i one (1) ground signs Setbacks 15 feet front property line, 21 feet from front yes 50 feet from side property property line ; line 68'11" from side I 1 property line i Dimensions length= 15 feet max. length= 15 feet max. yes height -10 feet max. height= 4 feet max. Area =60 square feet max. Area 30 square feet i max. 4II Wall Signs 1 per tenant elevation facing 1'per tenant elevation yes I II f a R.O.W. facing a R.O.W. Color Sec. 110- 37(c): "All signs i uniform color ye,3 shall be of uniform type, color and material I Ughting Sec. 118 -474 (4) Minimum Average footcandle in yes 0.6 footcandles in outdoor parking area = 3.93fc areas, 1.0 footcandles in Min. on site= 1.01 fc vehicle use area. Petition SP -17 -19 Page 3 PETITION SP- 97 -19: REQUESTED WAIVERS Required Proposed Waiver Requested Three (3) loading spaces Two (2) loading spaces. one yes required, 12'X 35' minimum space 12' X 30' minimum j stall size Minimum parking stall size of 9' X 18.5' parking stall size yes. 10' X 18.5' ° roposed Use Tt)e proposed 69.208 square foot office building is to be built on two existing, platted lots within the South Park Center plat of the Northcorp Planned Community Development. The two existing lots, 11 and a portion of 10, will be utilized for the development of South Park Plaza. Staff is recommending a unity of title be recorded for the purposes of utilizing two lots for one site plan. The remainder of lot 10 will be developed ;separately or combined with lot 9 for development at a future date. Northcorp PCD is bounded by a property line approximately 220 feet north of RCA Boulevard, Burns Road to the south, 1 -95 to the west and the Florida East Coast Railroad to the east. Buildinq and Materials The building layout design includes two main three -story "wings" extending in a "v" shaped pattern from a central atrium. The central atrium, which includes the main entry area, will have a dark brown granite veneer with dark gray tinted glass. The main building wings will be constructed from cast concrete panels in "light sand" color and light green tinted glass. The building will also contain an "off white" accent color and trim along the top of the central atrium portion of the building. Parkinq LDR section 118 -476 specifies that, for office use, one parking space per 300 square feel, is required. For the proposed 69,208 square foot office building, this equals 231 spaces The petitioner has provided 258 spaces, including 7 spaces for the disabled, which meets Florida's ADA standards. Petition SP -17 -19 Page 4 The petitioner has requested two waivers: To allow for reduced loading space size for two of the three required loading spaces; and, to allow 9' instead of 10' wide parking spaces. The petitioner has indicated that an office use does not require the use of the largest loading vehicles, but smaller loading spaces would be appropriate and allow for less paved area and greater open space. Regarding the width of the parking space, City Code allows a reduced size in return for additional landscaped open space. The petitioner has said that it will provide the calculations indicating the increased landscaped open space on site with the smaller parking spaces. Landsca pinq The Landscape Code requires 6,229 points of landscaping at this site. The petitioner has provided 8,104 points of landscaping, including 1,164 points of preserved trees. In response to City Forester Mark Hendrickson's initial comments, the petitioner has revised the landscape plan to include five (5) additional oak trees, with shrubs and ground cove along a 2' to 3' berm in the 20' drainage easement along East'Park Drive . Additional iandscaping has also been added to screen the lift station along East Park Drive. In response, to the other comments from the City Forester regarding additional open space and pervious concrete parking areas, the petitioner has indicated that they will meet with the Forester to resolve these issues. Traffic The project is located within Northcorp Planned Community Development. The proposed project is in compliance with Conditions 14, 16, and 17 of Ordinance 1, 1990, pertaining drainage at the Northcorp PCD. ?f�nage The project is located within Northcorp Planned Community Development. The proposed project is in compliance with Conditions 14, 16, and 17 of Ordinance 1, 1990, pertaining drainage at the Northcorp PCD. Staff Comments Planning and Zoning Staff maintains that the contract shall be let by the developer for the extension of East Par!.: Drive as a public ROW between Northcorp Parkway and RCA Boulevard prior to the issuance of a building permit. This determination is based on language found in Resolution 82, 1989, Resolution 65, 1992, and Resolution 118, 1995. Staff is proposing the following condition of approval: "The contract shall be let by the developer for the extension of East Petition SP -17 -19 Page 5 Park Drive as a public ROW between the Northcorp Parkway and RCA Boulevard prior to the issuance of a building permit." Condition 22 of Ordinance 1, 1990 requires a traffic warrant study be conducted by all applicants for the development of parcels within South Park Center. The petitioner has indicated that they are prepared to finance the construction of the traffic signal. However, they must receive the approval of Palm Beach County, which will conduct its own warrant study. In response to staff's concern over the lack of color, style and number of messages indicated on the ground sign elevation, the petitioner has noted the following: "The proposed ground. sign has been amended to reflect the letter style, color and materials proposed. At this time, the applicant anticipates that the project name will be the only name on the sign, however, they would like to reserve the right to modify the messages in accordance with the code, not to exceed three messages..." Building Official Jack Hanson has reviewed the revisions and notes that he " has no further concerns as a result of these revisions - He recommends approval in terms of the building and sign codes." (see attached comments) Staff noted that the petitioner is required to screen all rooftop equipment and that there was a small parapet wall which may accommodate this requirement. The petitioner indicated that rooftop equipment would probably be installed and that this would not be visible due to the height of the building and the parapet wall. Staff will monitor the site to ensure that the screening requirements set forth in the Northcorp PCD development order are upheld. City Forester Mark Hendrickson has reviewed the revised Landscape Plan and has noted that the petitioner's desire to provide more parking than code requires rather than protect the root system is unsatisfactory. In order to reconcile this conflict, Mr. Hendrickson has recommended the following condition of approval: 1.) The City Forester, with the assistance of the Landscape Architect of Record, she! have the ability to eliminate up to 10 parking spaces, if needed, to provide more open space around the existing Oak trees indicated on the landscape plan to to saved and protected. The applicant has agreed to the condition and Mr. Hendrickson is satisfied that this issue has been resolved. In order to utilize both lots 10 and 11, the petitioner is proposing Ito record a unity of title. which will allow development on both lots. The petitioner has indicated "limits of development" on the site plan, for which all the site data andi zoning requirements were Petition SP -17 -19 Page G applied. The "limit of development' area is only a portion of the total area of lot 10 and 11. City Attorney Carol Wallace has indicated that this is an acceptable process for utilizing both lots. For one development. City Engineer The City Engineer has recommended that at least 100 feet of stacking distance should be provided before encountering opposing vehicular movements (see attached). The SitI:., Plan and Appearance Review Committee attached a condition of approval which states that petitioner submit a site plan indicating a 70 foot stacking distance before encountering opposing vehicular movements ". The shorter distance was recommended because the felt the 100 foot requirement recommended by the City Engineer was appropriate for an ingress from an arterial and not a local street. The petitioner has submitted an "Alternate A" site plan indicating that a 100 foot stacking distance before encountering opposing vehicular movements ", and an "Alternate B" site plan indicating the 70 foot stacking distance, as recommended by the Site Plan and Appearance Review Committee. The City_ Engineer is recommending that the "Alternate A" site plan be approved. At its May 21, 1998 meeting, the City Council indicated its preference for "Alternate A," which includes the 100 -foot stacking distance recommended by the City Engineer. City Engineer Len Lindahl does not object to the use of a unity of title for the development of lots 10 and 11 and the delineation of an "limit of development' for site analysis purposes. Building Building Official Jack Hanson has reviewed the plans and recommends approval of the proposed sign plan (see attached). Seacoast Utilities No adverse comments, see attached. Fire Department No adverse comments, see attached Police Department No adverse comments, see attached. Petition SP -17 -19 Page 7 Northern PBC Improvement District No comments. Staff recommended approval of this petition to the Site Plan and Appearance Review Committee. At its April 14, 1998 meeting, the Site Plan and Appearance Review Committee unanimously recommended approval of this petition with the following conditions: (1) Prior to the issuance of any building permit for any land uses on lots 4,5,8,9,10,11,12, or 13, the contract shall be let for construction ol' East Park Drive in a two lane section from Burns Road north to RCA Boulevard. (2) Prior to Construction Plan approval, a "Unity of Title" for Lots 10 and 11 will need to be recorded in the Palm Beach County public records. (3) The City Forester, with the assistance of the Landscape Architect of Record, shall have the ability to eliminate up to 10 parking spaces, if needed, to provide more open space around the existing Oak trees indicated on the landscape plan to be saved and protected. feat G: \Short Range \sp9719.st2.wpd Petition SP -17 -19 Page 8 RESOLIFFION 46, 1998 A RF:SOIaiT1ON OF THE CITY CO(iN<'IL OF 7'IIE CITY OF PALM REACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN FOR THE CONSTRI.JCTION OF AN OFFICE BUILDING ON 4.68 ACRES ON A PORTION OF LOT WAND ALL OF LOT 11 OF SOUTH PARK CENTER WITHIN NORTHCORP PLANNED COMMUNITY DISTRICT; PROVIDING FOR WAIVERS; 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 approve a site plan for the construction of 69,208 square -feet of office on 4.68 acres on lots 10 and I I of South Park Center within the Northcorp Planned Community District; 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 hereby approves a site plan for the construction of 69,208 square -feet of office building on 4.68 acres on a portion of lot 10 and all of lot 1 I of South Park Center generally located 1/4 mile north of the intersection of Burns Road and East Park Drive. within the Northcorp Planned Community District: Section 2. Constriction of said development shall be in accordance with following plans on file with the City's Growth Management Department: 1. April 21, 1998, Site Plan, Urban Design Studio, Sheet S- l . 2. April 21, 1998, Landscape Plan and Detail Sheet, Urban Design Studio, 2 Sheets. 3. March 20, 1998 Floor Plans and Elevations, D. William Beebe, Sheets A -1 - A -4 4. February 26, 1998 Site Lighting Plan, Urban Design' Studio, 1 Sheet. �. March 26, 1998 Conceptual Drainage Plan, Keshavarz & Assoc., Inc. 1 Sheet 6. January 13, 1998 Existing Vegetation Assessment, Keshavarz & Assoc., 1 Sheet Section 3. Said site plan approval shall comply with the applicable conditions of Ordinance Resolution 46, 1.998 Page 1 G: \Short Range \sp9719.re.wpd 1, N90 and the hollowing conditions. (I) Prior to the issuance of the first Certificate of Occupancy, the contract shall be let tier the further construction of East Park Drive as a two -lane road from RCA Boulevard south to the common boundary between NorthCorp Center and SouthPark Center, meeting the alignment of the presently paved portion of East Park Drive which extends from the aforesaid common boundary south to Burns Road, such contract to provide (a) that such further construction of East Park Drive shall be completed and the road shall be submitted to the City within one year from the date that such contract is let, and (b) that any amendment of such contract concerning the date of completion requires the approval of the City_ , through resolution adopted by the City Council, in order to become effective. (2) Prior to Construction Plan approval, a "Unity of Title" for a portion of Lot 10 and all of lot I I will need to be recorded in the Palm Beach County public records. (3) The City Forester, with the assistance of the Landscape Architect of Record, shall have the abilitv to eliminate up to 10 parking spaces, if needed, to provide more open space around the existing, Oak trees indicated on the landscape plan to be saved and protected. Section 4. The following waivers are hereby ranted with this approval: a. Waiver of the requirement pertaining to the size and number of loading.; spaces (Sec. 118-567) from three loading spaces at 12' by 35' to two loading spaces with one space 12' by 30" b. Waiver of the requirement pertaining to the dimensions of the parkin`, stalls (Sec. 1 18- 475, -om 10 -foot wide spaces to 9 -foot wide spaces. Section 5 This Resolution shall be effective upon adoption INTRODUCED, PASSED AND ADOPTED THIS DAY OF JUNE, 1998. JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. mm CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO Resolution 46, 1998 Page 2 GAShort Range \sp9719.re.wpd COUNCILMAN JABLIN COUNCILMAN CLARK Resolution 46, 1998 Page 3 GAShort Ranae\sp9719.re.wpd c I ! ,, 'i"! 11� ; ueid edeospue- �1`! ep��ot-A 'suepJeE) 43es �o�u�� >,nd 41�os of jol to uolliod • pus w e It 101 ' Inn ezeld Ted yjnoS LU 4) . I a CO u aIN It ca Uj '56 'o�j W ! #J ]1 it1 ,j c7 t� 7 I, }1 off°` ate- o 3 r �t ?� t } 1!t i� Cc = Q -_� . >1� Q: t� !`l �: LO LAJ 1 ?;til 1 , y9 Ei a i T, I A.v 1 1 IjJ _ -- I i IJJ_1 _6- M - -- 4 I1 .� zia L ► !.� I�L� m.� 11 ii ) / I i II. i OUII - 5- 51 � J > II `� a 4) . I a u aIN It • '56 i u T, I A.v 1 1 IjJ _ -- I i IJJ_1 _6- M - -- 4 I1 .� zia L ► !.� I�L� m.� 11 ii ) / I i II. i OUII - 5- 51 � J > II `� a 4) . I a u aIN It T, I A.v 1 1 IjJ _ -- I i IJJ_1 _6- M - -- 4 I1 .� zia L ► !.� I�L� m.� 11 ii ) / I i II. i OUII - 5- 51 � J > II `� a ea03 NOIL OISHOO IYUMMS33a r m 10......1 1:)319[:)ur 38338 WVIIIIM 'a - " W zuj Y i i aaa$ g [33lE! all �� � 7 •!slid CL' a' U O� �1 �•t.V q1 �°IIYY t/. M tI X01011 WOUVW 400 111.1 t1l1Ml� 1111111 MIIIO.d 101m M01111M tO1t 4101 V 1 (♦ � I r 31VNU311V C� � VZVId )IUVd H1nos , rr- 1 _ !I n 1 a E i( i W i [1i u N O A IL 7 s W s fit ia 6 1511 3,42 33 -4PR LINDA BROW\ING, FERRARI & HELLSTROM, INC. c _ CONSULTING ENG KEEPS. S,;RV:YOaS et FAAPPERS C MEMORANDUM TO: Martv "nor FROM: Tummy Jacobs DATE: April 23, 1998 SUBJECT: South Park Center Lot 1.0 / 11 (LBFH File #98 -0073) We have reviewed the revised Site Plan prepared by D. William Beebe received April 23, 1998. We offer the follo%ing continents: 1) Previously Satisfied. 2) The applicant has stated that they are proposing three loading spaces and are seeking a waiver from LDR Section 118 -567 for the length of two of the spaces. LDR Section 118- 567 requires each loading space be 12' x 35'. We support the City's LDR requirements. 3) The applicant is proposing 9' x 18.5' parking spaces. LDR Section 118 -475 requires 10' x 18.5' parking spaces. We support the City's LDR requirements. 4) Previously Satisfied. 5) Previously Satisfied. 6) Satisfied. The applicant has provided a letter of authorization from the RCA Drainage Association, Inc. stating the Association does not object to the drainage easement being encumbered by landscaping, pavement, sidewalks and lighting. 7) Satisfied. A "Do Not Enter" sign has been added at the north entrance along East Park Drive. 8) The applicant has submitted an Alternate "A" site plan showing the southern entrance/exit along East Park Drive moved approximately 100 feet north of the south property line. We recommend Alternate "A' which provides incoming vehicles with a stacking distance of at least I 004 before encountering opposing vehicular movements. Pr);T CNr1C7 no ( 7 .17 It)PtTrR. TI ORIDA 1 s ;M-07 :7 Z�G 210 JUPITER LAKES ROLL .YARD. RUH r31NG 5000. SUITr I04 0,6:` 746-92411 1 AX (,61 746 0272 TONA WEST PALM 361,01 R,P!TCR 5TUART rURT PIERCE OKCECkK*E t�. 1561- 4 -3 27-2 _8FJH : API r`:R 343 _,- r - 9) Conditionally Satisfied. The applicant is proposing to combine Lot 10 and t l for this project. As a condition of Construction Plan approval a "Unity of Title' will need to be recorded in the Palm Beach County public records. TJ PAPBOMwoo4M.doc c: Greg Dunham Roxanne Manning PALM BEACH GARDENS FIRE DEPARTMENT 10500 N. Military Trail, Palm Beach Gardens, FL 33410 (561) 775 -8260 Fax (561) 775 -8269 Memo Date: March 4. 1998 To: Ed Tombari, City Planner From: Scott A. Fetterman, Asst. Chief / Fire Marshal C);-- RE: South Park Plaza, Northcorp, Lots 10 & 11. (SP- 97 -19) The Fire Department has reviewed the revised site plan for South Park Plaza, dated February 27`x, 1998, and had no adverse comments or concerns at this time. Thank you for your continued assistance and consideration in these matters. Please contact me if you have any questions or any future changes occur: _MMIEZI A V] � o � b 7 � C/� b 'O m t9 A � tD "t 3 l 1 � MS1 t9 fD A Y!• e O W C7 p � C O_ � 3 A i d ep .o m w A O d n a c, �- ? o �! rA c co w ° s , � CA r. -o c9 c9 A0�1 ^ n • � C w O <, a O A c9 n O a. O p d 7r O ,t C to co 3 �• v+ 1 N C n N p GCi CD a. G 0 3 w C y O 0 O 0 a � O• O C c9 O rA CD nCD cD 0 o co 0 cD 00 A) O ^ _MMIEZI A V] � o � b 7 � C/� b 'O m t9 A � tD "t 3 l 1 � MS1 t9 fD A Y!• e O W C7 p � C O_ � 3 A i d ep .o m w A O d n a o �! rA c i9 c9 ., CA r. N c9 A0�1 ^ n • � C w O <, a O A O p N ° Z co 3 �• co tD GCi Cl. p � CA N � 0 O 0 a � O• O C c9 O rA CD cD 0 o co 0 cD _MMIEZI A V] � o � b 7 � C/� b 'O m t9 A � tD "t 3 l 1 � MS1 t9 fD A Y!• e O W C7 p � C O_ � 3 A i d ep .o m w A c7 N (C9 O+ n • N c9 A0�1 ^ n • � C w O <, a O O p O O• co 3 �• co o N � _MMIEZI A V] � o � b 7 � C/� b 'O m t9 A � tD "t 3 l 1 � MS1 t9 fD A Y!• e O W C7 p � C O_ � 3 A i d ep .o m w A 4ft EXECVTIVE .OFFICE. r" Seacoast Utility Authority -fAd K2 P&IM I0ft G&dens. Mori 3341o.QW2 March 9. 1998 VIA FAX: 775 -1014 Mr. Edward Tombad Planning and Zoning Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Development Review Committee kleeting March 19, 1998 - South Park lots 10 and 11 Dear Mr. Tombari: We have no comments on your transmittal dated January 16, 1998 concerning the referenced project. Once detailed water and sewer plans are available, we will be able to provide input on this project. Please note that we are unable to comment on landscaping and signage until water and sewer plans are submitted. Please call if you require additional information. Sincerely, COAST UTIL AUTHORI F'Y 0. Bruce Gregg Director of Operations ad cc: R. Bishop J. Lance S. Serra 4200 Hocd Road. Palm Beach Gardens, Florida 33410.2198 Phone: Customer Service (561) 627.2920 1 Executive Office [581) 627.2900 1 FAX (581) 824 -2838 Interoffice Memorandum Building Department TO: Bahareh Keshavarz, City PI 1 FROM: Jack Hanson, Building O 1 RE: SP -97 -19 - Northcorp Lot 11 /1 DATE: January 21, 1998 I have examined the drawings, documents and details for the above referenced project. I have no immediate concerns. The ground sign as shown meets the code. There are no wall signs as shown nor any other site graphics. I will comment further when those details are submitted in the future. I recommend that this project proceed as shown pending further review. Should you require additional information, please contact me. JWbb CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 6/08/9$ Subject/Agenda Item Approving issuance of $4.4 million in general obligation bonds Recommendation /Motion: Staff recommends approval of Resolution 52, 1998 authorizing the issuance of bonds. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Total City Attorney Finance [ ] Approved Finance $ 0 [ ] Approved w/ conditions Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Paper: [X ] Not Required [ x ] Other None Memorandum Submitted by: Kent R. Olson Department Director Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [ X ] Not required MEMORANDUM TO Bobbie Herakovich, City Manager FROM Kent R. Olson, Finance Director�(� SUBJECT : Resolution 52, 1998 - Proposed Bond Issue DATE June 8, 1998 As you recall, the bonds for the municipal complex improvements are scheduled to be sold in four separate issues in 1996, 1997, 1998 and 1999. Resolution 52, 1998 provides the specific authorization to sell $4.4 million in bonds to be dated July 1, 1998, and is virtually identical to resolutions the City passed prior to issuing bonds in 1996 and 1997. 1 anticipate the bonds will be sold competitively on July 21, 1998. In order to avoid a second resolution approving the bids that night or if something occurs which disrupts the financial markets on that date, the resolution authorizes the City Manager to set the sale date and approve the low bidder. The low bidder will be determined by the lowest true interest cost bid, calculated by our financial advisor, Dunlap and Associates. Mark Raymond will be at the June 18 Council Meeting to answer any questions regarding Resolution 52, 1998. RECOMMENDATION I recommend the City adopt Resolution 52, 1998 in order to proceed with issuing $4.4 million in bonds in July. The Law Offices of POST OFFICE Box 3888 (ZIP 33402 -3888) PETER L. BRETON MOYLE625 NORTH FLAGLER DRIVE, 9TH FLOOR JOHN R. EUBANKS,JR. 1 _ �� � FT j WEST PALM BEACH, FLORIDA 33401-4025 JOHN F. FLANIGAN MYRA GENDEL MARTIN V. KATZ 111v j�((( 111 TELEPHONE 561 659 -7500 ( ) RONALD K. �r�+��jj 11tH z FACSIMILE (561) 659 -1789 PAUL A.KRASKER SKER JON C. MOYLE JON C. MOYLE, JR. AULIT TNC S OTHER OFFICES: MARK E. RAYMOND j1 , _ ^ —O� TALLAHASSEE MICHAEL J. SABATELLO, IV PALM BEACH GARDENS THOMAS A. SHEEHAN, III l�,[�(�1Yll�r/1� MARTA M. SUAREZ- MURIAS WILTON L. WHITE S11LEi1L ]1 \ WRITER'S DIRECT LINE: BRIAN L. WOLINETZ PA. (561) 822 -0380 OFCOUNSEL: "WILLIAM J. PAYNE June 11, 1998 Kent R. Olson Finance Director City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Dear Kent: Enclosed please find the original Resolution together with all ekhibits. Very truly yours, Mark E. Raymond, MER/ams G: \16299\5\06-11 -98 olson.wpd RESOLUTION 52, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE ISSUANCE OF THE CITY'S $4,400,000 AGGREGATE PRINCIPAL AMOUNT GENERAL OBLIGATION BONDS, SERIES 1998; ESTABLISHING OR PROVIDING FOR THE ESTABLISHMENT OF THE DATE, INTEREST RATES, INTEREST PAYMENT DATES, PROVISIONS FOR REDEMPTION AND MATURITY SCHEDULES OF SAID SERIES 1998 BONDS; APPROVING THE FORM OF A PRELIMINARY OFFICIAL STATEMENT, NOTICE OF SALE, BID FORM AND SUMMARY NOTICE OF SALE WITH RESPECT TO SAID SERIES 1998 BONDS; DELEGATING TO THE CITY MANAGER THE ABILITY TO DETERMINE THE BID DATE WITH RESPECT TO SUCH BONDS AND TO AWARD THE SALE THEREOF TO THE LOWEST BIDDER BASED ON BIDS SUBMITTED AT PUBLIC SALE AND TO DETERMINE THE TERMS OF SUCH SALE; AUTHORIZING OFFICIALS TO TAKE ACTIONS AND EXECUTE DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF SAID SERIES 1998 BONDS; PROVIDING CERTAIN OTHER DETAILS WITH RESPECT TO SAID BONDS; AND PROVIDING AN EFFECTIVE DATE FOR THIS RESOLUTION. WHEREAS, on November 21, 1996, the City Council (the "Governing Body ") of the City of Palm Beach Gardens, Florida (the "Issuer ") adopted Resolution 166, 1996 (the "Bond Resolution ") authorizing the issuance of not to exceed $19,100,000 aggregate principal amount of General Obligation Bonds of the Issuer for the purpose of providing funds for the financing of the cost of the Project (as defined in the Bond Resolution); and WHEREAS, the Issuer has determined to issue bonds under Section 6 of the Bond Resolution in the principal amount of $4,400,000 (the "Series 1998 Bonds ") as further provided herein; and WHEREAS, the Governing Body wishes to authorize the issuance of the Series 1998 Bonds as provided herein; and WHEREAS, the Governing Body wishes to approve the form of the Official Notice of Sale (which includes the bid form) and the Summary Notice of Sale with respect to the Series 1998 Bonds, draft forms of which are attached hereto as Exhibits "A" and "8," respectively and made a part hereof; and WHEREAS, the Summary Notice of Sale is to be published pursuant to the requirements of law and the Official Notice of Sale is to be provided to all parties expressing an interest for the purchase of the Series 1998 Bonds; and WHEREAS, the Governing Body wishes to delegate to the City Manager the ability to determine the bid date with respect to the Series 1998 Bonds and, to award the sale thereof to the lowest conforming bidder; and WHEREAS, the Governing Body wishes to approve the form of a Preliminary Official Statement regarding the Series 1998 Bonds, a draft form of which is attached hereto as Exhibit "C" (the "Preliminary Official Statement ") and to authorize the execution and delivery of a final official statement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Authority for this -Resolution. This Resolution is adopted pursuant to the provisions of the Act (as defined in the Bond Resolution) and the Bond Resolution. Section 2. Definitions. All terms defined in the Bond Resolution shall have the same meanings herein. Section 3. Findings. It is hereby declared that it is in the best interest of the Issuer to provide for the sale by competitive bid of the Series 1998 Bonds, dated July 1, 1998, maturing, bearing interest and subject to optional and mandatory redemption as set forth in the Official Notice of Sale, the Summary Notice of Sale, the bid proposal of the lowest bidder (the "Purchaser ") and in the Preliminary Official Statement. The City Manager is hereby authorized, in light of market conditions and in order to minimize the Issuer's interest costs, to determine the bid date giving appropriate weight to the advice of the Issuer's financial advisor as to the most advantageous date for such sale, to award the sale of the Series 1998 Bonds in the aggregate principal amount of $4,400,000 to the bidder submitting the lowest conforming bid, to return the good faith checks of all unsuccessful bidders and to cash and deposit into a special account, with right of investment and with interest accruing to the benefit of the Issuer, the good faith check of the successful bidder, provided, however, that the true interest cost rate of the Series 1998 Bonds shall not exceed 6.00%. Prior to the sale of the Series 1998 Bonds, the Purchaser will provide the Issuer with a disclosure statement containing any information required by Section 281.385(6), Florida Statutes. The bid form included in the Official Notice of Sale shall include a truth in bonding statement pursuant to Section 218.385, Florida Statutes. The reasonably anticipated amount of tax - exempt obligations which will be issued by the Issuer during 1998 does not exceed $10,000,000. There are no entities that issue obligations on 2 behalf of the Issuer. The Issuer hereby designates the Series 1998 Bonds as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code. Section 4. Terms of the Series 1998 Bonds. The Series 1998 Bonds shall be issued in the principal amount of $4,400,000, and shall be dated July 1, 1998. The Series 1998 Bonds shall bear interest from their date, payable semi - annually on the first day of July and the first day of January of each year, commencing January 1, 1999, at the rates shown on, and shall mature in accordance with, the maturity schedule set forth in the Purchaser's bid proposal. The Series 1998 Bonds shall be subject to optional and mandatory redemption provisions as shall be provided in the Official Notice of Sale and Final Official Statement. Designation of term Series 1998 Bonds may be made by the successful bidder in its bid pursuant to the terms of the Official Notice of Sale. Section 5. Official Notice of Sale, Summary Notice.. of Sale, Official _Statement. The Governing Body hereby approves the form and content of the draft Official Notice of Sale (which includes the bid form), Summary Notice of Sale and Preliminary Official Statement (without appendices) attached hereto as Exhibits A, B and C, respectively, subject to such modifications, amendments, changes and filling in of blanks therein as shall be authorized by the City Manager or her designee, and authorizes the use of the Preliminary Official Statement by the Purchaser in accordance with the intended purposes thereof. The Governing Body hereby deems the Preliminary Official Statement final as of its date for purposes of Securities and Exchange Commission Rule 15c2 -12, except for permitted omissions allowed under such rule. The Mayor or Vice - Mayor, the City Manager and the Finance Director, or any of them, are hereby authorized to execute and deliver, on behalf of the Issuer, the final Official Statement relating to the Series 1998 Bonds with such changes from the Preliminary Official Statement as they may approve, such execution to be conclusive evidence of such approval. Section 6. Application-of Proceeds. The proceeds from the sale of the Series 1998 Bonds shall be received by the Issuer and applied to the payment of the cost of the Project, including interest accruing on the Series 1998 Bonds, and prior to expenditure may be invested in such manner as permitted by the laws of the State of Florida. Section 7. Exooution_and I- eliver}- ofthe -Series-1998Road-s. The Mayor or Vice -Mayor and Clerk or Deputy Clerk are hereby authorized and directed on behalf of the Issuer to execute the Series 1998 Bonds as provided in the Bond Resolution and herein, and such officials are hereby authorized and directed upon the execution of the Series 1998 Bonds to deliver the Series 1998 Bonds in the amount authorized to be issued hereunder to the Bond Registrar for authentication and delivery to or upon the order of the Purchaser upon payment of the purchase price therefor. Section 8. Paving Agent and Bond Registrar. The Clerk shall serve as Paying Agent and Bond Registrar for the Series 1998 Bonds. 3 Section 9. Continuing Disclosure Compliance. The Issuer hereby covenants and agrees that, so long as any of the Series 1998 Bonds remain outstanding, it will provide, in a manner consistent with Rule 15c2 -12 of the Securities and Exchange Commission (the "Rule ") (a) to each nationally recognized municipal securities information repository ( "NRMSIR ") and to the appropriate depository designated by the State of Florida ( "SID ") if any, (i) on or before one year after each fiscal year financial information and operating data of the Issuer for the preceding fiscal year of the type included in the Official Statement, and, (ii) if not submitted as part of the annual financial information pursuant to (i) above, then, when and if available, audited financial statements of the Issuer prepared in accordance with generally accepted accounting principles; (b) in a timely manner, to each NRMSIR or the Municipal Securities Rulemaking Board ( "MSRB "), and to the appropriate SID, if any, written notice of the occurrence of any of the following events with respect to the Series 1998 Bonds, if material: (i) principal and interest payment delinquencies; (ii) non - payment related defaults; (iii) unscheduled draws on debt service reserves reflecting financial difficulties; (iv) unscheduled draws on credit enhancements reflecting financial difficulties; (v) substitution of credit or liquidity providers, or their failure to perform; (vi) adverse tax opinions or events affecting the tax- exempt status of the security; (vii) modifications to rights of security holders; (viii) bond calls other than mandatory sinking fund redemptions of term bonds; (ix) defeasances; (x) release, substitution, or sale of property securing the repayment of the securities; (xi) rating changes; (xii) any change in the fiscal year of the Issuer; and (c) in a timely manner, to each NRMSIR or the MSRB, and to the appropriate SID, if any, written notice of a failure of the Issuer to provide the annual financial information described in (a)(i) above, on or before the date specified above, and (d) any other information required to be disclosed to any person to whom it is required to be disclosed by the Rule. The Issuer also covenants to promptly provide a copy of the above information to the Underwriter(s). The Issuer shall provide such information to any requesting owner of the Series 1998 Bonds and any requesting beneficial owner of the Series 1998 Bonds held in street -name or in .a nominee capacity (the "Beneficial Owners "), provided that the Issuer shall be entitled to charge such requesting owner or Beneficial Owner an amount sufficient to reimburse itself for costs incurred for copying and shipping such information. The foregoing covenants shall run to the benefit of the Purchaser, the owners and the Beneficial Owners. However, failure to meet the covenants set forth in this Section 9 shall not be deemed to constitute an event of default or a breach of any other covenant under this Resolution, and the sole remedy for such a default or breach shall be as described in the next paragraph. The owner of any Series 1998 Bond or any Beneficial Owner may either at law or in equity, by suit, action, mandamus or other proceeding in any court or competent jurisdiction, protect and enforce any and all rights granted or contained in this Section 9 and may enforce and compel the performance of all duties required hereby to be performed by the Issuer or by any officers thereof. Notwithstanding the foregoing, the enforcement of the covenants contemplated hereby shall not affect the validity or enforceability of the Series 1998 Bonds. 4 Notwithstanding any other provision of this Resolution, this Section 9 may be amended only as follows: (a) the amendment may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of the Issuer or the type of business conducted by the Issuer; (b) the provisions of this Section 9, as amended, would have complied with the requirements of the Rule as in effect as of the date of issuance of the Series 1998 Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) the amendment does not materially impair the interest of the owners and /or Beneficial Owners as determined by an opinion of nationally recognized bond counsel delivered to the Issuer, or by approving vote of the owners or Beneficial Owners of at least a majority of the outstanding principal amount of the Series 1998 Bonds at the time of the amendment. In the event of any amendment hereto, the annual financial information provided subsequent to such amendment shall explain, in narrative form, the reasons for the amendment and the impact of the change in the type of operating data or financial information being provided by the Issuer. ;If the amendment affects the accounting principles to be followed in preparing financial statements of the Issuer, the annual financial information for the year in which the change is made must present a comparison between the financial statements or information prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. The comparison must include a qualitative discussion of the differences in the accounting principles and' the impact of the change in the accounting principles on the presentation of the financial information, in order to provide information to investors to enable them to evaluate the ability of the Issuer to meet its obligations. To the extent reasonably feasible, the comparison should also be quantitative. A notice of the change in the accounting principles must be sent to each NRMSIR or the MSRB and the appropriate SID, if any. Section 10. Authorizations. The members of the Governing Body, the City Clerk, any Deputy City Clerk, the City Manager, the Assistant City Manager, the'.Finance Director and the Assistant Finance Director are hereby jointly and severally authorized to do any and all acts and things required of them by this Resolution, the Bond Resolution or desirable or consistent with the requirements hereof or thereof, for the full, punctual and complete performance of all terms, covenants and agreements contained in the Series 1998 Bonds, the Bond Resolution and this Resolution. Any and all of the foregoing are hereby authorized to execute, publish, file and record such other documents, instruments, notices and records and to take such other actions as shall be necessary or desirable to accomplish the purposes of this Resolution and the Bond Resolution. Section 11. Book -Entry System. The Mayor and the Paying Agent are authorized and directed to execute a Letter of Representations in the form attached hereto as Exhibit D and the Issuer, the Bond Registrar and the Paying Agent are authorized and directed to comply with the provisions thereof. Section 12. Resolution to Constitute a Contract. In consideration of the purchase and acceptance of the Series 1998 Bonds authorized to be issued hereunder by those who shall be the Bondholders from time to time, this Resolution shall constitute a contract between the Issuer and W such Bondholders, and all covenants and agreements herein set forth to be performed by the Issuer shall be for the equal benefit and security of all of the Bondholders. Section 13. No_ Implied. Beneficiary. With the exception of any rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Resolution or the Series 1998 Bonds is intended or shall be construed to give any person other than the Issuer, the Paying Agent and the Bondholders any legal or equitable right, remedy or claim under or with respect to this Resolution, or any covenants, conditions, or provisions herein contained; this Resolution and all of the covenants, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the Issuer, the Paying Agent or the Bondholders. Section 14. Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable in any context, the same shall not affect any other provision herein or render any other provision (or such provision in any other context) invalid, inoperative or unenforceable to any extent whatsoever. Section 15. Repealer. All resolutions or parts thereof of the Issuer in conflict with the provisions herein contained are, to the extent of any such conflict, hereby superseded and repealed. Section 16. Effective Date. This Resolution shall be effective immediately upon its adoption. [Signatures appear on Page 7.] Gi INTRODUCED, PASSED AND ADOPTED this 18th day of June, 1998. MAYOR JOSEPH R. RUSSO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. WATTERSON, HYLAND & KLETT, P.A. CITY ATTORNEY VOTE: AYE NAY MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO G: \16299\5\Series 1998 Reso.%W 7 EXHIBIT "A" Official Notice of Sale OFFICIAL NOTICE OF BOND SALE $4,400,000 CITY OF PALM BEACH GARDENS, FLORIDA GENERAL OBLIGATION BONDS, SERIES 1998 NOTICE IS HEREBY GIVEN that sealed proposals for the purchase of all, but not less than all, of $4,400,000 aggregate principal amount of the City of Palm Beach Gardens, Florida (the "City ") General Obligation Bonds, Series 1998 (the "Series 1998 Bonds "), will be received by the City and publicly opened by the Finance Director, City of Palm Beach Gardens, Florida, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. Each proposal must be enclosed in a sealed envelope marked "Proposal for $4,400,000 City of Palm Beach Gardens, Florida, General Obligation Bonds, Series 1998. Do Not Open Until 11:00 A.M. (Eastern Daylight Savings 'Time)" received by the City on or before 11:00 a.m. Eastern Daylight Savings rime on such date as communicated through the Munifacts News Service not less than twenty -four (24) hours prior to the time bids are to be received (the "Bid Date ") for the purchase of City of Palm Beach Gardens, Florida General Obligation Bonds, Series 1998 (hereinafter referred to as the "Series 1998 Bonds "). Form of Series 1998 Bonds Interest on the Series 1998 Bonds will be payable semiannually. commencing January 1, 1999 and thereafter on each July I and January 1 until maturity. Principal and interest will be paid by the Clerk of the City, as Registrar and Paying Agent. Each maturity of the Series 1998 Bonds will be issued in the form of a single fully registered Series 1998 Bond, and when issued will be registered in the name of Cede & Co.. as registered owner and nominee for The Depository Trust Company, New York. New York ( "DTC "). Purchasers of ownership interests in the Series 1998 Bonds (the "Beneficial Owners ") will not receive physical delivery of bond certificates. Ownership by the Beneficial Owners of ownership interests in the Series 1998 Bonds will be evidenced by book - entry-only. Maturity Schedule The Series 1998 Bonds will mature on July I of the following years in the following principal amounts: Year Amount Year Amount 1999 $145,000 2009* $215,000 2000 150,000 2010* 225,000 2001 155,000 2011* 235,000 2002 160,000 2012* 245,000 2003 165,000 2013* 260,000 2004 175,000 2014* 270,000 2005 180,000 2015* 285,000 2006* 190,000 2016* 300,000 2007* 195,000 2017* 315,000 2008* 205,000 2018* 330,000 Bidders' Special Option - Term Bonds Bidders on the Series 1998 Bonds have the option of specifying that the principal amount of Series 1998 Bonds in any two or more consecutive years from 2006 through 2018 inclusive, as given in the above maturity schedule in lieu of maturing in each of such years, be considered to comprise one or more maturities of Series 1998 Term Bonds (the "Term Bonds ") scheduled to mature in the latest of such years and be subject to mandatory redemption by lot at par plus accrued interest to the date fixed for redemption in the manner described below in each of the years and in the principal amounts as given in the above schedule. * May be designated as Term Bonds. See "Bidders' Special Option - Term Bonds" herein. Redemption Provisions The Series 1998 Bonds are not subject to optional redemption prior to July 1, 2006. The Series 1998 Bonds are subject to redemption prior to maturity, at the option of the City, in whole on any date or in part on the first day of any month, on or after July 1, 2006, and if in part in any order of maturity selected by the City, at the redemption prices (expressed as percentages of the principal amount of the Series 1998 Bonds to he redeemed) set forth in the table below, plus accrued interest to the redemption date: Redemption Dates Redemption (Inclusive) Prices July 1, 2006 to June 30, 2007 101% July 1, 2007 and thereafter 100% Anv Term Bonds specified pursuant to the Bidders' Special Option - Term Bonds shall also be redeemable by lot at par in the amounts and in the years specified in the Maturity Schedule. The Bond Registrar shall not be required to transfer or exchange any Series 1998 Bond during the period of ten (10) days next preceding publication and mailing of a notice of redemption or to transfer or exchange any Series 1998 Bond that has been called tar redemption. Basis of Award Proposals must be unconditional and only for all the Series 1998 Bonds. The purchase price bid for the Series 1998 Bonds may include an original issue discount ("OID ") and an underwriting spread not to exceed one percent (1 %) of the aggregate principal amount of the Series 1998 Bonds. No more than one (1) Proposal from any bidder will be considered. Bids must be signed with a manual signature; however, where an Official Bid Form is hand delivered with the good faith check, the City will accept a facsimile copy of the signature page which has been manually signed. Such signature indicates acknowledgment, understanding and acceptance of the terms and provisions of this Official Notice of Bond Sale and of such bid. The City reserves the right to determine the Successful Bidder (as defined below), to reject any or all bids and to waive any irregularity or informality in any bid. The Series 1998 Bonds will be awarded on the Bid Date to the bidder (herein referred to as the "Successful Bidder ") offering such interest rate or rates and purchase price which will produce the lowest true interest cost. to the City over the life of the Series 1998 Bonds. True interest cost for the Series 1998 Bonds (expressed as an annual interest rate) will be that annual interest rate being twice that factor of discount rate, compounded semiannually, which when applied against each semiannual debt service payment (interest. or principal and interest, as due) for the Series 1998 Bonds will equate the sum of such discounted semiannual Payments to the bid price (exclusive of accrued interest). Such semiannual debt service payments begin on January 1. 1999. The true interest cost shall be calculated from the proposed dated date of the Series 1998 Bonds (July 1, 1998) and shall be based upon the principal amounts of each serial maturity set forth in this Official Notice of Bond Sale and the bid price set forth in each Proposal for Bonds submitted in accordance with this Official Notice of Bond Sale. In case of a tie, the City may select the Successful Bidder by lot. It is requested that each Proposal for Bonds be accompanied by a computation of such true interest cost to the City under the terms of the Proposal for Bonds, but such computation is not to be considered as part of the Proposal for Bonds. For the purposes of this paragraph, the amortization requirements for any Term Bonds bid shall be considered as serial maturities. The City reserves the right to reject any and all bids, to reject any bid in whole or in part, and to waive any irregularity or informality of any bid. Interest Rates Permitted The Series 1998 Bonds shall bear interest on the basis of a 360 -day year consisting of twelve 30 -day months, expressed in multiples of one - eighth (1/8) or one - twentieth (1/20) of one percent. No interest rate specified for any maturity may be lower than any interest rate specified for an earlier maturity. There shall not be a difference greater than two hundred and fifty basis points (250 b.p.) between the lowest coupon and highest coupon. Should an interest rate be specified which results in annual interest payments not being equally divisible between the semiannual payments in cents the first semiannual payment will be reduced to the next lower cent and the second semiannual payment will be raised to the next higher cent. It shall not be necessary that all Series 1998 Bonds bear the same rate of interest, provided that all Series 1998 Bonds maturing on the same date shall bear the same rate of interest. Maturities designated as Term Bonds shall bear one rate of interest. A rate of interest based upon the use of split or supplemental interest payments or a zero rate of interest will not be considered. Paving Agent and Registrar The Citv Clerk will act as the Paying Agent and Registrar fix the Series 1998 Bonds. Security The full faith, credit and taxing power of the City are irrevocably pledged for the prompt payment of the principal of, and interest on, the Series 1998 Bonds as the same shall become due and payable. In each year while any of the bonds are outstanding, a tax, in addition to all other taxes, shall be levied and collected, without limitation as to rate or amount, upon all taxable property in the City (excluding exempt property, as required by Florida law), which tax shall be sufficient in amount to produce the sums necessary to pay the principal of and interest on said Series 1998 Bonds as the same shall become due and payable. Such tax shall be assessed, levied and collected in the same manner and at the same time as other City ad valorem taxes are assessed, levied and collected. Purpose The Series 1998 Bonds are being issued for the purpose of providing funds to (i) make improvements to the City's Municipal Complex and. (ii) pay costs of issuance of the Series 1998 Bonds. Authority for Series 1998 Bonds The Series 1998 Bonds are being issued pursuant to Resolution No. 166, 1996 as amended and supplemented (the "Resolution "), and pursuant to the provisions of Chapter 166, Florida Statutes, and other applicable provisions of law. Proposals Proposals shall be submitted on forms which will be furnished by the City, and envelopes containing Proposals should have endorsed thereon "Proposal for $4,400,000 City of Palm Beach Gardens, Florida, General Obligation Bonds, Series 1998; Do Not Open Until 11:00 A.M. (Eastern Daylight Savings Time)" and must be received by the City at the above address on or before 11:00 a.m. on the Bid Date. Each Proposal must be accompanied by a Cashier's or Certified Check or a Financial Surety Bond. drawn upon an incorporated bank or trust company, payable to the City in a sum of $44,000 as evidence of good faith; and, if the Successful Bidder shall fail to comply promptly with the terms of its Proposal, the amount of such check will be forfeited to the City as liquidated damages. If a Financial Surety Bond is used. it must be from an insurance company licensed to issue such a bond in the State of Florida and such bond must be submitted to the City or its financial advisor prior to the opening of the proposals. The Financial Surety Bond must identity each bidder whose Deposit is guaranteed by such Financial Surety Bond. If the Series 1998 Bonds are awarded to a bidder utilizing a Financial Surety Bond, then the Successful Bidder is required to submit its Deposit to the City in the form of a wire transfer no later than 3:00 p.m. on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City may cash the good faith check of the Successful Bidder. The City may invest the Deposit but no interest on the Deposit will accrue to the Successful Bidder. The Deposit will be returned to the Successful Bidder at the time of closing. In the event the Successful Bidder fails to honor its accepted bid, the Deposit, without waiving the City's other rights at law or in equity, shall be maintained as minimum liquidated damages. Delivery and Payment It is anticipated that the Series 1998 Bonds in registered or physical form will be available for delivery on or about two weeks after the award, in New York City at The Depository Trust Company against payment of the purchase price therefor including accrued interest to be delivered in Federal Reserve funds without cost to the City. Closing Documents The City will furnish to the Successful Bidder upon delivery of the Series 1998 Bonds the following closing documents in a form satisfactory to Bond Counsel: (1) signature and no- litigation certificate; (2) federal tax certificate; (3) certificate regarding information in the Official Statement; and (4) seller's receipt as to payment. A copy of the transcript of the proceedings authorizing the Series 1998 Bonds will be delivered to the Successful Bidder of the Series 1998 Bonds upon request. In addition, upon delivery of the Series 1998 Bonds, the Successful Bidder shall furnish a certificate, a copy of which is attached hereto as Exhibit A, acceptable to Bond Counsel as to the "issue price" of the Series 1998 Bonds within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended. Information Statement Section 218.38(1)(b) 1, Florida Statutes, requires that the City tile, within 120 days after delivery of the Series 1998 Bonds, an information statement with the Division of Bond Finance of the State of Florida (the "Division ") containing the following information: (a) the name and address of the managing underwriter, if any, connected with the Series 1998 Bonds; (b) the name and address of any attorney or financial consultant who advised the City with respect to the Series 1998 Bonds; and (c) any fee, bonus, or gratuity paid, in connection with the bond issue, by any underwriter or financial consultant to any person not regularly emploved or engaged by such underwriter or consultant and (d) any other fee paid by the City with respect to the Series 1998 Bonds, including any fee paid to attorneys or financial consultants. The Successful Bidder will be required to deliver to the City at or prior to the time of delivery of the Series 1998 Bonds, a statement signed by an authorized officer containing the same information mentioned in (a) and (c) above. In order to provide the City with information required to enable it to comply with certain requirements of the Internal Revenue Code of 1986, as amended, relating to the exclusion of interest on the Series 1998 Bonds from the gross income of their holders, the Successful Bidder will be required to complete, execute and deliver to the City (on the date of delivery of the Bonds) a certificate relating to the manner in which the Series 1998 Bonds were offered for sale and the offering price for such Series 1998 Bonds, substantially in the form annexed hereto. In the event the Successful Bidder will not reoter the Series 1998 Bonds for sale or is unable to sell a substantial amount of the Series 1998 Bonds by the date of delivery. such certificate may be modified in a manner approved by the City and Moyle. Flanigan, Katz. Kolins, Raymond & Sheehan, P.A.. Bond Counsel to the City. It will be the responsibility of the Successful Bidder to institute such syndicate or selling group reporting requirements, to make such investigation, or otherwise to ascertain the facts necessary to enable it to make such certification with reasonable certainty. Legal Opinion The Successful Bidder will be famished, without cost, with the approving opinion of Moyle, Flanigan, Katz, Kolins. Raymond & Sheehan, P.A.. Bond Counsel, to the effect that under existing statutes, regulations, rulings and court decisions, subject to the assumptions and conditions stated therein, interest on the Series 1998 Bonds is excludable from the gross income of the owners thereof for federal income tax purposes. Furthermore, interest on the Series 1998 Bonds is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations; however, interest on the Series 1998 Bonds is taken into account in determining adjusted current earnings for purposes of computing the alternative minimum tax imposed on certain corporations. Bond Counsel shall express no opinion regarding other federal tax consequences resulting from the ownership. receipt or accrual of interest on, or dispositions of the Series 1998 Bonds. Bond Counsel are further of the opinion that the Series 1998 Bonds are exempt from the intangible personal property tax imposed by the State of Florida. Furthermore, the Series 1998 Bonds are "qualified tax- exempt obligations" as defined in Section 265(b) of the Code. A copy of the proposed opinion of Bond Counsel is contained in the Preliminary Official Statement. Official Statement The Preliminary Official Statement, copies of which may be obtained as described below, is in a form "deemed final" by the City for purposes of SEC Rule 15c2 -12 (b)(1) (except for certain permitted omissions as described in such rule) but is subject to revision. amendment and completion in a final Official Statement. Upon the sale of the Series 1998 Bonds, the City will publish a Final Official Statement in substantially the same form as the Preliminary Official Statement. Copies of the Final Official Statement will be provided, at the City's expense, on a timely basis in such reasonable quantities as may be necessary for the Successful Bidder's regulatory compliance. CUSIP Number It is anticipated that CUSIP identification numbers will be printed on the Series 1998 Bonds, but neither the failure to print such number on any Series 1998 Bonds, or any error with respect thereto shall constitute. cause for failure or refusal by the Successful Bidder to accept delivery of and pay for the Series 1998 Bonds in accordance with its agreement to purchase the Series 1998 Bonds. All expenses in relation to the printing of CUSIP numbers on the Series 1998 Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of said number shall be the responsibility of and shall be paid for by the Successful Bidder. Copies of Documents Copies of the Preliminary Official Statement, this Official Notice of Bond Sale and the Official Bid Form and further information which may be desired, may be obtained from Mr. Kent Olson, Finance Director, City of Palm Beach Gardens, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410, telephone (561) 775 -8203, or from Dunlap & Associates, Inc., 111 North Orange Avenue, Suite 825, Orlando, Florida 32801, telephone (407) 849 -0030, Financial Advisor to the City. 4 Amendments and Notices Amendments hereto and notices, ifany, pertaining to this offering shall be made through the Munifacts News Service. CITY OF PALM BEACH GARDENS. FLORIDA By: /s/ Joseph Russo Mayor By: /s/ Roberta Herakovich City Manager By: /s/ Kent R. Olson Finance Director 5 PROPOSAL FOR $4,400,000 CITY OF PALM BEACH GARDENS, FLORIDA GENERAL OBLIGATION BONDS, SERIES 1998 Name of bidder (print or type) Finance Director City of Palm Beach Gardens 10500 N. Military "frail Palm Beach Gardens, FL 33410 Ladies and Gentlemen: For the City of Palm Beach Gardens, Florida, General Obligation Bonds, Series 1998, dated July 1, 1998 and maturing on July I, 1999 through July 1, 2018 in the aggregate principal amount of $4,400,000 being all of the total issue described in the Official Notice of Bond Sale which is hereby made a part of this Proposal. we will pay you $ plus accrued interest from the dated date of the Bonds, to the date of delivery of the Series 1998 Bonds. Said Series 1998 Bonds shall bear interest at the rates calculated on the basis of a 360 -day year consisting of twelve 30- day months and shall be reoffered at prices or yields specified below. The interest rate and reoffering price or yield for any Term Bond(s) shall be indicated only in the year of final maturity. Mandatory amortization for any Term Bond shall be specified below but may not overlap in any year any other principal payment for the Series 1998 Bonds. Reoffering Maturity Jul 1 Principal Amount Interest Rate (%) Price or Yield Reoffering Maturity Jul 1 Principal Amount Interest Rate % Price or Yield 1999 $145,000 2009* $21'5,000 2000 150,000 2010* 225,000 2001 155,000 2011 * 235,000 2002 160,000 2012* 245,000 2003 165,000 2013* 260,000 2004 175,000 2014* 270,000 2005 180,000 2015* 285,000 2006* 190,000 2016* 300,000 2007* 195,000 2017* 315,000 2008* 205,000 2018* 330,000 Term Bonds Option The Amortization Installments for the Bonds checked above, if any, shall be applied for mandatory retirement of one or more Term Bonds maturing in the years and amounts and bearing interest as follows: Term Bonds maturing on July 1, at % per annum to yield % per annum. Terre Bonds maturing on July 1, at % per annum to yield % per annum. (any bidder desiring to specify more than two (2) separate maturities of Term Bonds for the issue of Bonds shall submit as an attachment to this Bid Form a separate sheet entitled "Additional Term Bonds" and setting forth, for each such maturity, on a separate line, the following: $ Term Bonds maturing on July 1, at % per annum to yield % per annum). We will accept delivery of said Series 1998 Bonds in book -entry form in New York, New York on or about the 14th day after the award, unless another date or place shall be mutually agreed upon, it being understood that the City shall furnish to us, free of charge, at the time of delivery of said Series 1998 Bonds, the opinion of Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A., Bond Counsel, approving the validity thereof. * May be designated as Term Bonds. See "Bidders' Special Option - Term Bonds" herein. 6 In accordance with the said Official Notice of Bond Sale, we enclose herewith a Cashier's or Certified Check or Financial Surety Bond for $44,000 payable to the order of the City of Palm Beach Gardens, Florida, to be returned to the undersigned upon the award of said Series 1998 Bonds provided this Proposal is not accepted: or, the amount of said check to be retained by the City, and upon delivery of said Series 1998 Bonds to be returned to the successful bidder upon payment of the purchase price for said Series 1998 Bonds or to be retained as and for liquidated damages in case of the failure of the undersigned to make payment as agreed. This proposal is not subject to any conditions not expressly stated herein or in the annexed Official Notice of Bond Sale, as supplemented. Receipt and review of the Preliminary Official Statement relating to the Series 1998 Bonds is hereby acknowledged. The names of the underwriters or members of the account or joint bidding accounts, if any who are associated for the purpose of this Proposal are listed either below or on a separate sheet attached hereto. By: Address City State Zip Telephone Number The following is our computation made in accordance with the Official Notice of Bond Sale, as supplemented, of the true interest cost to the City of Palm Beach Gardens, Florida, under terms of our Proposal for Series 1998 Bonds, which is for informational purposes only and is subject to verification prior to award: Total Interest Cost Discount (Premium) True Interest Cost (to 4 decimal places) No addition or alteration is to be made to this Official Bid Form, except as specifically provided for herein. The following truth -in- bonding statement is required to be completed in compliance with Section 218.385, Florida Statutes: The City of Palm Beach Gardens, Florida is proposing to issue $4,400,000 of bonds for the purpose of financing improvements to the City's Municipal Complex. This debt or obligation is expected to be repaid over a period of 20 years. At a forecasted interest rate of % (insert true interest cost), total interest paid over the life of the debt or obligation will be $ (insert total interest cost). The source of repayment or security for this proposal is the City's full faith and credit and taxing powers. Authorizing this debt or obligation will result in an annual amount not to exceed $ (insert amount of maximum annual principal and interest payment) of the City's General Fund moneys not being available to finance the other services of the City each year for 20 years. Receipt for the return of the good faith check is hereby acknowledged. By: EXHIBIT A CERTIFICATE WITH RESPECT TO "ISSUE PRICE" (the "Purchaser "), acting on behalf of itself and the syndicate /selling group, if any, created by it as Purchaser (the "Underwriters ") of the $4,400,000 General Obligation Bonds, Series 1998 of the City of Palm Beach Gardens, Florida, in order to establish the initial offering prices of the Series 1998 Bonds for the purpose of determining the "issue price" of the Series 1998 Bonds within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, DOES HEREBY CERTIFY that the Underwriters initially offered all of the Series 1998 Bonds to the public (excluding bond houses and brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) for cash at prices not greater than (and yields not less than) the initial public offering prices (or yields) as set forth in the Official Statement for the Series 1998 Bonds and, based on actual facts as of the sale date, reasonably expected to sell at least ten percent of the aggregate face amount of each maturity of the Series 1998 Bonds to the public (excluding bond houses and brokers or similar persons or organisations acting in the capacity of underwriters or wholesalers) for cash at prices equal to or less than (or yields equal to or greater than) the initial public offering prices (or yields). Date , 1998. By: Title: EXHIBIT "B" Summary Notice of Sale SUMMARY NOTICE OF BOND SALE $4,400,000 City of Palm Beach Gardens, Florida General Obligation Bonds Series 1998 Sealed bids for the above - captioned bonds will be received by the City of Palm Beach Gardens, Florida (the "City"), 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 until 11:00 a.m. Eastern Daylight Savings Time on such date as communicated through Munifacts news service not less than twenty-four (24) hours prior to the time bids are to be received. Such bids will be opened in public at said time and place on said day for the purchase of the City of Palm Beach Gardens, Florida General Obligation Bonds, Series 1998 (the "Series 1998 Bonds ") to be issued under and pursuant to the City's Bond Resolution, as amended and supplemented (the "Resolution "). The Series 1998 Bonds will mature or be subject to optional and /or mandatory redemption as specified in the Official Notice of Bond Sale. The Series 1998 Bonds are general obligations of the City secured by the full faith and credit and taxing power of the City. An approving opinion of Bond Counsel will be furnished to the Successful Bidder at the expense of the City. When available, copies of the Preliminary Official Statement and the Official Notice of Bond Sale and Official Bid Form relating to the Series 1998 Bonds may be obtained from the Financial Advisor to the City, Dunlap & Associates, Inc., I 1 I N. Orange Ave., Suite 825, Orlando, Florida 32801 (407- 849 - 0030). Each bid must be submitted on an official bid form (not a photocopy thereof) contained in the Official Notice of Bond Sale and Official Bid Form. The Series 1998 Bonds will be delivered on or about three weeks after the sale and award of the Series 1998 Bonds to the Successful Bidder. CITY OF PALM BEACH GARDENS, FLORIDA Kent R. Olson Director of Finance Dated: EXHIBIT "C" Preliminary Official Statement PRELIMINARY OFFICIAL STATEMENT DATED , 1998 NEW ISSUE RATINGS: Moody's: "BANK QUALIFIED" BOOK -ENTRY ONLY In the opinion of Bond Counsel, under existing law and assuming continuing compliance with the tax covenants described herein, interest on the Series 1998 Bonds is excludable from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tat. Bond Counsel is of the opinion that the Series 1998 Bonds are "qualified tax - exempt obligations" for purposes of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended. Bond Counsel is also of the opinion that the Series 1998 Bonds are exempt from all present intangible personal property taxes of the State of Florida. See, however, "Tax Exemption" herein regarding certain other tax considerations. $4,400,000 City of Palm Beach Gardens, Florida General Obligation Bonds, Series 1998 Dated: July 1, 1998 Due: July 1, as shown below The City of Palm Beach Gardens, Florida, General Obligation Bonds, Series 1998 (the "Series 1998 Bonds ") are being issued as fully registered bonds without coupons and will he initially issued to and registered in the name of Cede & Co., as nominee for The Depository Trust Company ( -DTC -) of New York, New York, which will act as securities depository for the Series 1998 Bonds. The Series 1998 Bonds will be available to purchasers in the principal denominations of $5,000 or any integral multiple thereof on the book -entry system maintained by DTC through brokers and dealers who are or act through DTC participants. Purchasers of beneficial interests in the Series 1998 Bonds will not receive physical delivery of the Series 1998 Bonds, but will be Beneficial Owners (and not registered owners) of the Series 1998 Bonds. For so long as any purchaser is a Beneficial Owner of a Series 1998 Bond, such purchaser must maintain an account with a broker or dealer who is, or acts through, a DTC participant in order to receive payment of the principal of, premium, if any, and interest on such Series 1998 Bonds. See "The Series 1998 Bonds -- Book -Entry Only System" herein. Interest on the Series 1998 Bonds is payable semiannually on each July I and January 1, commencing January I, 1999. The principal of, premium, if any, and interest on the Series 1998 Bonds will be paid by the City Clerk as Paying Agent, as more fully described herein. Certain of the Series 1998 Bonds are subject to optional redemption prior to maturity. See "The Series 1998 Bonds — Redemption Provisions" herein for further information. The Series 1998 Bonds are being issued by the City of Palm Beach Gardens, Florida (the "City"). The City is a municipal corporation duly created and validly existing pursuant to the Constitution and laws of the State of Florida. The Series 1998 Bonds are being issued for the purpose of providing a portion of the funds to pay the cost of demolition, acquisition, construction and improving the City Hall, police station, fire station and /or municipal complex recreation facilities of the City and to pay costs and expenses related to the issuance of the Series 1998 Bonds. The Series 1998 Bonds are general obligations of the City secured by the full faith and credit and taxing power of the City. In each year while any of the Series 1998 Bonds are outstanding and unpaid, there shall be levied and collected an ad valorem tax without limitation as to rate or amount on all of the taxable property within the City sufficient to pay the principal and interest on the Series 1998 Bonds as it becomes due. This cover page contains certain information for quick reference only. It is not a summary of the issue. Investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision. MATURITIES, AMOUNTS, INTEREST RATES AND PRICES OR YIELDS (Plus accrued interest from July 1, 1998) The Series 1998 Bonds are offered when, as, and if issued and received by the Underwriter(s), subject to approval of legality by Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A., West Palm Beach, Florida, Bond Counsel and to certain other conditions. Certain legal matters will be passed upon for the City by Watterson, Hyland & Klett, P.A., City Attorney. Dunlap & Associates, Inc., Orlando, Florida, is acting as financial advisor to the City. It is expected that the Series 1998 Bonds will be available for delivery in New York, New York on or about July 31, 1998. SEALED BIDS FOR THE SERIES 1998 BONDS WILL BE RECEIVED AS PROVIDED IN THE OFFICIAL NOTICE OF BOND SALE The date of this Official Statement is , 1998 ' May be designated as Term Bonds. See Official Notice of Bond Sale - "Bidders' Special Option - Term Bonds ". Interest Interest Maturity Amount Rate Price or Yield Maturity Amount Rate Price or Yield 1999 $145,000 2009• $215,000 2000 150,000 2010* 225,000 2001 155,000 2011* 235,000 2002 160,000 2012* 245,000 2003 165,000 2013* 260,000 2004 175,000 2014* 270,000 2005 180,000 2015* 285,000 2006* 190,000 2016* 300,000 2007* 195,000 2017* 315,000 2008* 205,000 2018* 330,000 (Plus accrued interest from July 1, 1998) The Series 1998 Bonds are offered when, as, and if issued and received by the Underwriter(s), subject to approval of legality by Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A., West Palm Beach, Florida, Bond Counsel and to certain other conditions. Certain legal matters will be passed upon for the City by Watterson, Hyland & Klett, P.A., City Attorney. Dunlap & Associates, Inc., Orlando, Florida, is acting as financial advisor to the City. It is expected that the Series 1998 Bonds will be available for delivery in New York, New York on or about July 31, 1998. SEALED BIDS FOR THE SERIES 1998 BONDS WILL BE RECEIVED AS PROVIDED IN THE OFFICIAL NOTICE OF BOND SALE The date of this Official Statement is , 1998 ' May be designated as Term Bonds. See Official Notice of Bond Sale - "Bidders' Special Option - Term Bonds ". CITY OF PALM BEACH GARDENS, FLORIDA 10500 North Military Trail Palm Beach Gardens, Florida 33410 Telephone (561) 775 -8250 David Clark Councilmember Roberta Herakovich City Manager CITY COUNCIL Joseph Russo, Mayor Lauren Furtado, Vice - Mayor / Councilmember Eric Jablin Councilmember ADMINISTRATION Kent R. Olson Finance Director BOND COUNSEL Carl Sabatello Councilmember Watterson, Hyland & Klett, P.A. City Attorney Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A. West Palm Beach, Florida FINANCIAL ADVISOR Dunlap & Associates, Inc. Orlando, Florida i NO BROKER, DEALER, SALESMAN, OR OTHER PERSON HAS BEEN AUTHORIZED BY THE CITY OR THE UNDERWRITER TO GIVE ANY INFORMATION OR TO MAKE ANY REPRESENTATIONS OTHER THAN THOSE CONTAINED IN THIS OFFICIAL STATEMENT, AND IF GIVEN OR MADE, SUCH OTHER INFORMATION OR REPRESENTATIONS MUST NOT BE RELIED UPON AS HAVING BEEN AUTHORIZED BY ANY OF THE FOREGOING. THIS OFFICIAL STATEMENT DOES NOT CONSTITUTE AN OFFER TO SELL OR THE SOLICITATION OF AN OFFER TO BUY ANY OF THE SERIES 1998 BONDS AND THERE SHALL BE NO OFFER, SOLICITATION, OR SALE OF THE SERIES 1998 BONDS BY ANY PERSON IN ANY JURISDICTION IN WHICH IT IS UNLAWFUL FOR SUCH PERSON TO MAKE SUCH OFFER, SOLICITATION OR SALE. THE INFORMATION SET FORTH HEREIN IS BELIEVED TO BE RELIABLE, BUT IT IS NOT GUARANTEED AS TO ACCURACY OR COMPLETENESS BY AND IS NOT TO BE CONSTRUED AS A REPRESENTATION OF THE UNDERWRITER. THE INFORMATION AND EXPRESSIONS OF OPINION HEREIN CONTAINED ARE SUBJECT TO CHANGE WITHOUT NOTICE AND NEITHER THE DELIVERY OF THIS OFFICIAL STATEMENT NOR ANY SALE MADE HEREUNDER SHALL UNDER ANY CIRCUMSTANCES CREATE ANY IMPLICATION THAT THERE HAS BEEN NO CHANGE IN THE AFFAIRS OF THE CITY SINCE THE DATE HEREOF. THE SERIES 1998 BONDS HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 NOR HAS THE RESOLUTION BEEN QUALIFIED UNDER THE TRUST INDENTURE ACT OF 1939, IN RELIANCE UPON EXEMPTIONS CONTAINED IN SUCH ACTS. THE REGISTRATION OR QUALIFICATION OF THE SERIES 1998 BONDS UNDER THE SECURITIES LAWS OF THE JURISDICTIONS IN WHICH THEY HAVE BEEN REGISTERED OR QUALIFIED, IF ANY, SHALL NOT BE REGARDED AS A RECOMMENDATION THEREOF. NEITHER THESE JURISDICTIONS NOR ANY OF THEIR AGENCIES HAVE PASSED UPON THE MERITS OF THE SERIES 1998 BONDS OR THE ACCURACY OR COMPLETENESS OF THIS OFFICIAL STATEMENT. THIS PRELIMINARY OFFICIAL STATEMENT HAS BEEN "DEEMED FINAL" BY THE CITY FOR PURPOSES OF SECURITIES AND EXCHANGE COMMISSION RULE 15c2 -12. Ifl TABLE OF CONTENTS The Table of Contents for this Official Statement is for convenience of reference only and is not intended to define, limit or describe the scope or content of any provisions of this Official Statement. Page INTRODUCTION ................................................................. ............................... 1 THE SERIES 1998 BONDS ..................................................... ............................... 2 General Descript ion ......................................................... ............................... 2 RedemptionProvisions ...................................................... ..............................2 Book -Entry Only ............................................................ ............................... 3 THEPLAN OF FINANCING ..................................................... ..............................5 Purpose of the Series 1998 Bonds ......................................... ..............................5 Estimated Sources and Uses of Funds .................................... ..............................5 SECURITY AND SOURCE OF PAYMENT ................................... ..............................6 InGeneral ..................................................................... ..............................6 Ad Valorem Taxes and Collection Procedures .......................... ..............................6 THECITY ......................................................................... ............................... 11 General...................................................................... ............................... 11 Government................................................................ ............................... 11 Financial, Demographic and Statistical Information ................. ............................... 12 APPROXIMATE DEBT SERVICE REQUIREMENTS .................... ............................... 13 LITIGATION...................................................................... ............................... 13 LEGALMATTERS .............................................................. ............................... 14 TAXEXEMPTION ..................................... ............................... ....... ................... 14 RATINGS.......................................................................... ............................... 16 UNDERWRITING................................................................ ............................... 16 FINANCIAL STATEMENTS .................................................. ............................... 16 FINANCIAL ADVISOR ......................................................... ............................... 16 CONTINUING DISCLOSURE ................................................. ............................... 17 MISCELLANEOUS.............................................................. ............................... 18 CERTIFICATE CONCERNING OFFICIAL STATEMENT .............. ............................... 19 APPENDIX A -- Form of the Resolution APPENDIX B -- General Information Regarding the City APPENDIX C -- Form of Bond Counsel Opinion APPENDIX D -- Audited Financial Statements of the City iii OFFICIAL STATEMENT Relating To CITY OF PALM BEACH GARDENS, FLORIDA $4,400,000 General Obligation Bonds Series 1998 INTRODUCTION The purpose of this Official Statement, including the cover page and the appendices hereto, is to furnish certain information with respect to the City of Palm Beach Gardens, Florida (the "City ") and the original issuance and sale of the City's $4,400,000 aggregate principal amount General Obligation Bonds, Series 1998 (the "Series 1998 Bonds "). The Series 1998 Bonds are issued pursuant to the authority of the Florida Constitution, Chapter 166, Florida Statutes, as amended, and other applicable provisions of law, and pursuant to Resolution 166, 1996 adopted by the City Council of the City (the "Council ") on November 21, 1996, as supplemented (collectively, the "Resolution "). The issuance of the Series 1998 Bonds was approved by the qualified electors of the City in a referendum held on September 3, 1996. Pursuant to the Resolution, the City has authorized the issuance of up to $19,100,000 of its general obligation bonds to finance all or a portion of the cost of demolition, acquisition, construction and improving the City Hall, police station, fire station and /or municipal complex recreation facilities of the City (the "Project "). It is anticipated that the Project will be financed through the issuance of four series of general obligation bonds issued pursuant to the Resolution. The Series 1998 Bonds are the third of such series and are being issued for the purpose of providing funds to pay a portion of the cost of the Project and to pay costs and expenses related to the issuance of the Series 1998 Bonds. The Series 1998 Bonds are general obligations of the City secured by the full faith and credit and taxing power of the City. In each year while any of the Series 1998 Bonds are outstanding and unpaid, there shall be levied and collected an ad valorem tax on all the taxable property within the City sufficient to pay the principal and interest on the Series 1998 Bonds as it becomes due. There follow in this Official Statement descriptions of the Series 1998 Bonds, the City, the Project and certain other matters. Copies of documents and reports referred to herein that are not included in their entirety herein may be obtained from the City upon payment of any required fee. Unless otherwise defined herein, terms used in capitalized form in this Official Statement shall have the same meanings as in the Resolution. See "APPENDIX A - Form of The Resolution" for definitions of terms used in the Resolution. THE SERIES 1998 BONDS General Description The Series 1998 Bonds are being issued as fully registered bonds without coupons in principal denominations of $5,000 each or any integral multiple thereof. The Series 1998 Bonds will be dated July 1, 1998, and will bear interest from that date at the rates per annum and, subject to the redemption provisions set forth below, will mature on the dates and in the amounts set forth on the cover page of this Official Statement. Interest on the Series 1998 Bonds will be computed on the basis of a 360 -day year consisting of twelve 30 -day months. Interest on the Series 1998 Bonds will be payable semiannually on each January 1 and July 1, commencing January 1, 1999 (each, an "Interest Payment Date "). The principal of and premium on the Series 1998 Bonds shall be payable when due by check or draft, upon presentation and surrender of the Series 1998 Bonds at the office of the City Clerk, or its successor, as Paying Agent (the "Paying Agent "), and interest will be payable by check or draft mailed on the Interest Payment Date by the Paying Agent to the holders of the Series 1998 Bonds appearing as such on the registration books of the City kept by the City Clerk, or its successor, as Bond Registrar, as of the Record Date. The "Record Date" is the fifteenth (15th) day of the month preceding the Interest Payment Date, whether or not such day is a Saturday, Sunday or holiday. All payments of principal of, premium, if any, and interest on the Series 1998 Bonds shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Redemption Provisions Optional Redemption. The Series 1998 Bonds are not subject to optional redemption prior to July 1, 2006. The Series 1998 Bonds are subject to redemption prior to maturity, at the option of the City, in whole on any date or in part on the first day of any month, on or after July 1, 2006, and if in part in any order of maturity selected by the City, at the redemption prices (expressed as percentages of the principal amount of the Series 1998 Bonds to be redeemed) set forth in the table below, plus accrued interest to the redemption date: Redemption Dates (Inclusive) Redemption Prices July 1, 2006 to June 30, 2007 101 July 1, 2007 and thereafter 100% Notice of Redemption. Notice of redemption of the Series 1998 Bonds shall be mailed, postage prepaid, by the Bond Registrar not less than thirty (30) days nor more than sixty (60) days before the date fixed for redemption to the registered owners of any Series 1998 Bonds or portions thereof which are to be redeemed, at their addresses as they appear upon the registration books maintained by the Bond Registrar ten (10) days prior to the date such notice is mailed. Failure of any registered owner of any Series 1998 Bonds which are to be redeemed to receive any such notice, or any defect therein, shall not affect the validity of the proceedings for the redemption of Series 1998 Bonds for which proper notice has been given. Any notice mailed as described herein shall be conclusively presumed to have been duly given, whether or not the Bondholder receives such notice. 2 Each notice shall set forth, among other information, the date fixed for redemption, the redemption price to be paid and, if less than all of the Series 1998 Bonds shall be called for redemption, the numbers of such Series 1998 Bonds. Effect of Calling for Redemption. On the date designated for redemption, notice having been mailed in the manner and under the conditions hereinabove described, the Series 1998 Bonds so called for redemption shall become and be due and payable and, if payment of the redemption price has been duly provided for, interest on the Series 1998 Bonds so called for redemption shall cease to accrue, such Series 1998 Bonds shall cease to be entitled to any lien, benefit or security under the Resolution, and the owners of such Series 1998 Bonds shall have no rights in respect thereof except to receive payment of the redemption price thereof. Book -Entry Only System Unless the book -entry system described herein is terminated, as hereinafter described, The Depository Trust Company ( "DTC "), New York, New York, will act as securities depository for the Series 1998 Bonds. The Series 1998 Bonds will be issued as fully registered securities registered in the name of Cede & Co. (DTC's partnership nominee). One fully registered Series 1998 Bond certificate will be issued for each maturity of the Series 1998 Bonds, in the aggregate principal amount of such maturity, and will be deposited with DTC. DTC is a limited - purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code and "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds securities that its participants ( "Direct Participants ") deposit with DTC. DTC also facilitates the settlement among Direct Participants of securities transactions, such as transfers and pledges, in deposited securities through electronic computerized book -entry changes in Direct Participant's accounts, thereby eliminating the need for physical movement of securities certificates. Direct Participants include securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations. DTC is owned by a number of its Direct Participants and by the New York Stock Exchange, Inc., the American Stock Exchange, Inc., and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as securities brokers and dealers, banks, and trust companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ( "Indirect Participants "). The rules applicable to DTC and its participants are on file with the Securities and Exchange Commission. Purchases of the Series 1998 Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Series 1998 Bonds on DTC's records. The ownership interest of each actual purchaser of each Series 1998 Bond (a''Beneficial Owner ") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase, but Beneficial Owners are expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Series 1998 Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Series 1998 Bonds, except in the event that use of the book -entry system for the Series 1998 Bonds is discontinued. To facilitate subsequent transfers, all Series 1998 Bonds deposited by Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. The deposit of Series 1998 Bonds with DTC and their registration in the name of Cede & Co. effect no change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Series 1998 Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such Series 1998 Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Redemption notices shall be sent to Cede & Co. for so long as it is the registered owner of the Series 1998 Bonds. If less than all of the Series 1998 Bonds of a maturity are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. Neither DTC nor Cede & Co. will consent or vote with respect to the Series 1998 Bonds. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Series 1998 Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Principal, premium, if any, and interest payments on the Series 1998 Bonds will be made to DTC. DTC's practice is to credit Direct Participants' accounts on the payable date in accordance with their respective holdings shown on DTC's records, unless DTC has reason to believe that it will not receive payment on the payable date. Payments by Direct or Indirect Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name" and will be the responsibility of such Participant and not of DTC, the Paying Agent, or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal, premium, if any, and interest to DTC is the responsibility of the City or the Paying Agent, disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants. NEITHER THE CITY NOR THE PAYING AGENT SHALL HAVE ANY RESPONSIBILITY OR OBLIGATION TO THE DTC PARTICIPANTS OR THE PERSON FOR WHOM THEY ACT AS NOMINEES WITH RESPECT TO THE PAYMENTS TO OR THE PROVIDING OF NOTICE FOR THE DTC PARTICIPANTS, THE INDIRECT PARTICIPANTS OR THE BENEFICIAL OWNERS OF THE SERIES 1998 BONDS. THE CITY CANNOT AND DOES NOT GIVE ANY ASSURANCES THAT DTC, DIRECT PARTICIPANTS OR OTHERS WILL DISTRIBUTE PAYMENTS OF PRINCIPAL OF, PREMIUM, IF ANY, OR INTEREST ON THE SERIES 1998 BONDS PAID TO DTC OR ITS NOMINEE, AS THE REGISTERED OWNER, OR ANY NOTICES TO THE BENEFICIAL OWNERS OR THAT THEY WILL DO SO ON A TIMELY BASIS, OR THAT DTC WILL ACT IN THE MANNER DESCRIBED IN THIS OFFICIAL STATEMENT. 4 The City and the Paying Agent shall enter into a letter of representations (the "Book -Entry Agreement ") with DTC providing for such book -entry only system. However, the book -entry only system may be terminated upon the happening of either of the following: (a) DTC discontinues providing its services as securities depository by giving reasonable notice to the City and the Paying Agent, or (b) the City in its sole discretion elects to terminate the book -entry only system by notice to DTC and the Paying Agent. If the City does not replace DTC, replacement Series 1998 Bonds shall be issued only upon surrender to the Bond Registrar of the Series 1998 Bonds of each maturity by DTC, accompanied by registration instructions for the definitive Series 1998 Bonds for such maturity from DTC. Neither the City nor the Paying Agent nor the Bond Registrar shall be liable for any delay in delivery of such instructions and conclusively may rely on and shall be protected in relying on such instructions of DTC. Portions of the foregoing concerning DTC and DTC's book -entry system are based on information furnished by DTC to the City. No representation is made herein by the City or the Underwriter as to the accuracy or completeness of such information. THE PLAN OF FINANCING Purpose of the Series 1998 ]Bonds Pursuant to the Resolution, the City has authorized the issuance of up to $19,100,000 of its general obligation bonds to finance all or a portion of the cost of demolition, acquisition, construction and improving the City Hall, police station, fire station and/or municipal complex recreation facilities of the City (the "Project"). It is anticipated that the Project will be financed through the issuance of four series of general obligation bonds issued pursuant to the Resolution. The Series 1998 Bonds are the third of such series and are being issued for the purpose of providing funds to pay a portion of the cost of the Project and to pay costs and expenses related to the issuance of the Series 1998 Bonds. Estimated Sources and Uses of Funds The following table sets forth the estimated sources and uses of funds in connection with the Series 1998 Bonds: SOURCES OF FUNDS: Par Amount Original Issue Discount Accrued Interest TOTAL SOURCES: 11 111 11 USES OF FUNDS: Project Costs $ Costs of Issuance"' Accrued Interest TOTAL USES: $ Includes, among other items, underwriter's discount, financial advisory fees, legal fees and contingency. E SECURITY AND SOURCE OF PAYMENT In General The Series 1998 Bonds are general obligations of the City secured by the full faith and credit and taxing power of the City. In each year while any of the Series 1998 Bonds are outstanding and unpaid, there shall be levied and collected an ad valorem tax on all the taxable property within the City sufficient to pay the principal and interest on the Series 1998 Bonds as it becomes due. Ad Valorem Taxes and Collection Procedures In Florida, counties, municipalities, school districts and various other special taxing districts are authorized to levy ad valorem taxes subject to certain limitations. Ad valorem taxes are generally levied upon real and personal property located within the jurisdiction of the taxing authority. The rate of ad valorem taxation is generally uniform for all properties subject to taxation by a particular taxing entity, and is generally expressed in terms of a "millage" rate. The "millage" rate refers to the amount of ad valorem taxes expressed in terms of dollars of taxes per thousand dollars of assessed valuation of property subject to taxation (i.e., one "mill" is one dollar of taxes per thousand dollars of assessed value). Exclusive of levies approved by the voters municipalities may not levy ad valorem taxes at a rate in excess of 10 mills. The qualified electors of a municipality may by majority vote approve an increase of the millage rate, but the period of such increase may not exceed two years. However, municipalities are authorized to levy ad valorem taxes without limitation as to rate or amount to pay debt service on bonds the issuance of which was approved by a majority of the votes cast in a bond referendum. Within each county there is a property appraiser, one function of which is to determine the assessed valuation of all property within the county subject to ad valorem taxes. Property valuations are established each year as of January 1. A tax roll is prepared by the property appraiser by July 1 (subject to extension for cause) and each taxpayer whose property is subject to taxation is given notice of the assessed valuation of such property. The property owner has the right to file an appeal with the Value Adjustment Board, which considers petitions relating to assessments and exemptions. The.Value Adjustment Board certifies the assessment roll upon completion of the hearing of all appeals. Each person who has the legal title or beneficial title and equity in real property in the State of Florida and maintains thereon the permanent residence of the owner, or another legally or naturally dependent upon the owner, is entitled to an exemption (the "Homestead Exemption ") from ad valorem taxation in an amount of up to the assessed valuation of $25,000 on such residence and contiguous real property. Other exemptions from the ad valorem tax include property owned by certain permanently and totally disabled persons; renewable energy sources improvements; inventory; property used by hospitals, nursing homes, homes for special services and property used by homes for the aged; educational property; property owned and used by labor organizations; community centers; governmental property; historic properties; space laboratories; property owned by not - for - profit sewer and water companies; and the first $500.00 of property of every widow, blind person or disabled person. See generally, Chapter 196, Florida Statutes for further description of exemptions from ad valorem taxes. 6 Following are the assessed property valuations (including both real and tangible personal property) for the City for the last ten years: CITY OF PALM BEACH GARDENS, FLORIDA ASSESSED VALUE OF TAXABLE PROPERTY (UNAUDITED) LAST TEN FISCAL YEARS (in Thousands) Fiscal Year Real Property Assessed Value Personal Property Assessed Value Total Assessed Value 1988 1,133,810 110,516 1,444,326 1989 1,933,877 150,911 2,084,788 1990 2,188,671 169,901 2,358,573 1991 2,453,995 178,768 2,632,762 1992 2,482,161 188,080 2,670,241 1993 2,536,951 189,402 2,726,353 1994 2,643,430 198,271 2,841,701 1995 2,786,350 208,443 2,994,793 1996 2,929,468 223,790 3,153,258 1997 2,675,137 224,250 2,899,386 Each taxing authority imposing ad valorem taxes annually determines its millage rate, which is then multiplied by the assessed value of taxable property to determine the amount of taxes due. In general, each taxing entity provides the property appraiser with information concerning the rate of taxation being imposed by such taxing entity. The property appraiser then prepares a tax roll listing, for all property to be subject to taxation, the amount of taxes due to the various taxing entities. The property appraiser then provides this tax roll to the county tax collector who is charged with responsibility for collection of the taxes due. In order to levy ad valorem taxes, among other things, the City must no later than October 7 of each year provide to the Palm Beach County Property Appraiser and Tax Collector the millage rate to be levied. Upon receipt of the millage rates to be levied by the various taxing authorities, the property appraiser extends the assessment roll by multiplying the millage rates applicable to the various properties subject to taxation by the assessed value of such properties. The property appraiser then certifies the tax roll to the County Tax Collector. The table below sets forth the property tax millage rates for the last ten years for the City and all other taxing authorities that levy ad valorem taxes upon property in the jurisdiction of the City. CITY OF PALM BEACH GARDENS, FLORIDA PROPERTY TAX MILLAGE RATES ALL DIRECT AND OVERLAPPING GOVERNMENTS (Last ten fiscal years) (Unaudited) Fiscal Year City of Palm Beach Gardens Palm Beach County School District Palm Beach County Palm Beach County Library S. Florida Water Manage- ment Other Special Districts Total 1988 4.045 8.158 5.442 .908 .510 .160 19.223 1989 4.100 8.462 5.796 .914 .500 .190 19.962 1990 3.695 9.199 4.890 .391 .550 1.480 20.205 1991 3.431 9.293 4.831 .379 .550 1.530 20.014 1992 3.372 9.785 4.644 .934 .550 1.740 20.485 1993 3.370 9.603 4.622 .389 .550 1.830 20.364 1994 4.117 10.063 4.550 .392 .597 1.856 21.575 1995 4.075 10.185 4.519 ". ^, ", .497 1.951 21.671 1996 4.043 1 9.797 1 4.519 .484 .647 1.838 1 21.328 1997 3.915 1 9.788 1 4.519 .500 .672 1.614 1 21.008 Upon receipt of the certified tax roll, the tax collector is required to mail to each taxpayer appearing on the tax roll a tax notice stating, among other things, the amount of current taxes due from the taxpayer. In general, each taxpayer is required to pay all taxes shown in the tax notice without preference in payment of any particular increment of the tax bill. Upon receipt of the taxes, the tax collector is required to forward to each taxing authority its respective portion of such taxes. Ad valorem taxes are payable in arrears, and while a landowner cannot be sued personally for failure to pay taxes, taxes are a lien on the property against which they are assessed from January 1 of the year of assessment until paid or barred by operation of law (Statute of Limitations). The statutes relating to the enforcement of ad valorem taxes provide that such taxes become due and payable on November 1 of the year in which assessed or as soon thereafter as the tax roll is received by the tax collector. Depending upon the date of payment, taxpayers may receive a discount of up to 4% of the taxes levied by paying taxes on or after November 1 and prior to delinquency. Florida law provides a method for prepayment of estimated taxes by installment. If this method is used, all taxes are payable at varying times prior to delinquency (as discussed in the following paragraph) and the taxpayer receives discounts ranging from 6% to zero. Prepayments of taxes are required to be invested by the tax collector, and such prepaid taxes and interest earnings thereon are allocated among the various taxing authorities and paid to them at the same time as taxes which were not prepaid. All taxes become delinquent on April 1 following the tax year in which they are assessed or immediately after sixty (60) days have expired from the mailing of the original tax notice, whichever is later. The tax collector is required to collect taxes prior to the date of delinquency and to institute statutory procedures upon delinquency to collect assessed taxes. Delay in the mailing of tax notices to taxpayers results in a delay throughout the process. The table below sets forth information concerning the collection of taxes levied by the City for the last ten years: CITY OF PALM BEACH GARDENS, FLORIDA PROPERTY TAX LEVIES AND COLLECTIONS (UNAUDITED) LAST TEN FISCAL YEARS Fiscal Year Ended 9/30 Total Tax Levy Current Tax Collections Percent of Levy Current Collected Delinquent Tax Collections Total Tax Collections Percent Collected to Tax Lev 1988 $ 4,251,587 $4,101,361 96.47% $ 7,814 $4,109,175 96.65% 1989 5,065,801 4,786,527 94.49% 20,648 4,807,175 94.89% 1990 6,789,139 6,888,476 101.46% 13,156 6,901,632 101.66% 1991 7,346,044 7,233,592 98.47% 30,163 7,263,755 98.88% 1992 8,128,526 7,882,428 96.97% 23,946 7,906.374 97.27% 1993 8,303,964 7,952,645 95.77% 149,883 8,102,528 97.57% 1994 10,316,527 10,024,681 97.17% 2,348 10,027,029 97.19% 1995 10,714,995 10,323,379 96.35% 110,118 10,433,497 97.37% 1996 11,182,463 10,779,466 96.40% 3,865 10,783,331 96.43% 1997 11,409,420 1 10,923,649 1 95.74% 30,711 10,954,360 96.01% The collection of delinquent taxes upon real property is based upon the sale by the tax collector of "tax certificates" and remittance of the proceeds of such sale to the various governmental entities levying taxes for the payment of the taxes due. The demand for tax certificates is dependent upon various factors, including the interest which can be earned by ownership of such certificates and the value of the land which is the subject of such certificates and which, as described below, may be subject to sale at the demand of the certificate holder. Therefore, the underlying market value of the land in the City may affect the demand for such certificates and therefore the successful collection of the taxes which are the source of payment of the Series 1998 Bonds. In the event of a delinquency in the payment of taxes on real property, the tax collector is required to offer tax certificates on such property for sale to the person who pays the delinquent taxes and interest and certain costs and charges relating thereto, and who accepts the lowest interest rate per annum to be borne by the certificates (which shall in no event be more than eighteen percent (18 %) per annum). Delinquent taxes may be paid by a taxpayer prior to the date of sale of a tax certificate by the payment of such taxes, together with interest and all costs and charges relating thereto. Tax certificates are sold by public bid, and in case there are no bidders, the certificate is issued to the county in which the assessed lands are located, and the county, in such event, does not pay any consideration for such tax certificate. Proceeds from the sale of tax certificates are required to be used to pay taxes, interest, costs and charges on the land described in the certificate. In the event a tax certificate is sold on property with delinquent taxes levied by the City, proceeds from the sale of the tax certificate will be sufficient to pay the delinquent taxes as to that parcel. While, as described above, upon the sale of a tax certificate delinquent taxes are paid, the willingness of persons to purchase tax certificates may be affected by the rights inherent of ownership of a tax certificate. For that reason, the following discussion of the rights associated with ownership of a tax certificate is provided. County -held tax certificates may be purchased, and any tax certificate may be redeemed, in whole or in part, by any person at any time before a tax deed is issued or the property is placed on the list of lands available for sale, at a price equal to the face amount of the certificate or portion thereof, together with all interest, costs, and charges due. The proceeds of such a redemption are paid to the tax collector who transmits to the holder of the certificate such proceeds less a service charge, and the certificate is canceled. After an initial period ending two (2) years from April l of the year of issuance of a certificate, the holder of a certificate may apply for a tax deed to the subject land. Any holder, other than the county, of a tax certificate which has not been redeemed has seven (7) years from the date of issuance of the tax certificate during which to act against the land that is the subject of the tax certificate. The applicant is required to pay to the tax collector all amounts required to redeem or purchase all outstanding tax certificates not held by the applicant covering the land, any omitted taxes or delinquent taxes, current taxes, and interest, if due, covering the land. If the county holds a tax certificate and has not succeeded in selling it, the county must apply for a tax deed two (2) years after April 1 of the year of issuance. The county pays costs and fees to the tax collector but not any amount to redeem any other outstanding certificates covering the land. Thereafter, the property is advertised for public sale. Any outstanding certificates will be satisfied from the proceeds received at such public sale. In any such public sale, the private holder of the tax certificate who is seeking a tax deed is deemed to submit a minimum bid established by statute. If there are no higher bidders, the holder receives title to the land and the amounts paid for the certificate and in applying for a tax deed are credited towards the purchase price. If there are higher bidders, the holder may enter the bidding. The highest bidder is awarded title to the land. The portion of proceeds of such sale needed to redeem the tax certificate (and all other amounts paid by such holder in applying for a tax deed), plus interest, are forwarded to the holder thereof or credited to such holder if such holder is the successful bidder. Excess proceeds are distributed first to satisfy governmental liens against the land and then to the former title holder of the property (less service charges), lienholders of record, mortgagees of record, vendees of recorded contracts of deeds, and other lienholders and any other person to whom the land was assessed on the tax roll for the year in which the land was assessed, all as their interests may appear. If there are no bidders at the public sale, the county may, at any time within ninety (90) days from the date of offering for public sale, purchase the land for a statutorily prescribed minimum bid. After ninety (90) days have passed, any person or governmental unit may purchase the land by paying the amount of the minimum bid. Seven (7) years from the date of offering for public sale, unsold lands escheat to the county, and all tax certificates and liens, including the lien of the taxes, if applicable, against the property are canceled. The issuance of a tax deed, in general, has the effect of canceling liens against or upon the property that is the subject of the tax deed, except for certain liens in favor of municipal or county government, and except for certain restrictions and covenants limiting the use of property, the type, character and location of buildings, covenants against nuisances and the like. Issuance of a tax deed, therefore, has the effect of canceling mortgages upon the affected property. For this reason, under 10 certain circumstances mortgagees may pay delinquent taxes on property upon which they hold a mortgage, but there is no requirement that mortgagees do so. THE CITY General The City of Palm Beach Gardens, Florida, is a municipal corporation of the State of Florida. The City was created in 1959 by action of the legislature of the State of Florida. The City is located in the northeastern region of Palm Beach County on the east coast of Florida approximately 70 miles north of Miami. The estimated 1997 population of the City was 33,229. The geographical jurisdiction of the City encompasses approximately 53.9 square miles of territory. Government Under Florida law, municipalities have full home rule powers, i.e., the governmental, corporate and proprietary powers to enable them to conduct municipal government, and they may exercise any power for municipal purposes, except when expressly prohibited by law. The governing body of a Florida municipality may enact legislation on any subject matter upon which the State of Florida legislature may act, except as prohibited by the State Constitution, a State Statute, or, in certain circumstances, a City Charter. The form of government of a municipality is set forth in the municipal charter, with the constraint that the legislative body be elected. The Charter of the City currently provides for a "Council- Manager" form of government. The City Council (the "Council ") is the legislative body, with the power to pass ordinances and adopt resolutions, and the City Manager is the chief executive officer and head of the administrative branch of the City. The Council consists of four Councilmembers and the Mayor. The Council is elected on a non- partisan basis. Councilmembers are elected at large by the voters for three -year staggered terms. The Mayor is selected annually from among the Councilmembers by the Councilmembers themselves. The City Manager is appointed by the Council. The City Manager is responsible for the administration, operation and maintenance of the City, excepting those responsibilities specifically delegated to other appointed officials. There is no definite term of office of the City Manager, as he or she holds office at the pleasure of the Council. Among the duties of the City Manager are the appointment of subordinate officers and employees, the supervision of departments, the making of recommendations to the Council, the submission of an annual budget, and the submission of an annual report of the operations of the City for the preceding fiscal year. For administrative purposes, the City is divided into departments. Currently, there are ten (10) departments (treating the City Clerk as a separate department), including the City Manager's office, the Finance Department and the City Attorney's Office. 11 The Finance Department is directed by the Finance Director, who is appointed by and is subject to the supervision and control of the City Manager. The Finance Director has supervision over all financial transactions of the City. The responsibilities of the Finance Director also include furnishing the City Manager such reports and budgets as may be necessary to fully inform the City Manager as to the financial condition of the City, and such estimates of the revenues and expenses of the City as may be necessary to form the basis of the annual budget and to determine the revenue necessary to be raised each year. The City Attorney acts as the legal advisor, attorney and counsel for the City and all of its officials in matters relating to their official duties. The City Attorney is appointed by the City Council. Financial, Demographic and Statistical Information Appendices B and D hereto include financial, statistical and demographic information concerning the City which is material to the offering of the Series 1998 Bonds. Appendices B and D should be reviewed in their entirety. 12 APPROXIMATE DEBT SERVICE REQUIREMENTS The following table sets forth the approximate scheduled annual debt service requirements for the Series 1998 Bonds. Year Ending July 1 (inclusive) Principal 1999 $ 145,000 2000 150,000 2001 155,000 2002 160,000 2003 165,000 2004 175,000 2005 180,000 2006 190,000 2007 195,000 2008 205,000 2009 215,000 2010 225,000 2011 235,000 2012 245,000 2013 260,000 2014 270,000 2015 285,000 2016 300,000 2017 315,000 2018 330,000 Total $4,400,000 LITIGATION Interest Total In the opinion of Watterson, Hyland & Klett, P.A., City Attorney, there is no litigation or other proceeding pending, or to its knowledge, threatened, in any court or other tribunal, state or federal, (i) restraining or enjoining or seeking to restrain or enjoin the issuance, sale, execution or delivery of any of the Series 1998 Bonds, (ii) in any way questioning or affecting the validity of any provision of the Series 1998 Bonds or the Resolution, (iii) in any way questioning or affecting the validity of any of the proceedings relative to the imposition of ad valorem taxes or the enforceability of the pledge thereof in favor of the Series 1998 Bonds, or the proceedings or authority for the issuance, authorization, sale, execution or delivery of the Series 1998 Bonds, or of any provision, program, or transaction made or authorized for their payment, (iv) questioning or affecting the organization or existence of the City or the incumbency of any of its officers to their respective offices or (v) in which a decision adverse to the City would materially and adversely affect the City's obligations or ability to perform such obligations contained in the Resolution or the Series 1998 Bonds. 13 LEGAL MATTERS Certain legal matters incident to the authorization, issuance and sale of the Series 1998 Bonds are subject to the approval of Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A., West Palm Beach, Florida, Bond Counsel, whose approving opinion will be available at the time of issuance of the Series 1998 Bonds. A form of the opinion of Bond Counsel is included herein in Appendix C. Certain legal matters will be passed upon for the City by Watterson, Hyland & Klett, P.A., City Attorney. The fees of Bond Counsel are contingent upon issuance of the Series 1998 Bonds. TAX EXEMPTION The Internal Revenue Code of 1986 (the "Code ") imposes certain requirements that must be met subsequent to the issuance and delivery of the Series 1998 Bonds for interest thereon to be and remain excluded from gross income for Federal income tax purposes. Noncompliance with such requirements could cause the interest on the Series 1998 Bonds to be included in gross income for Federal income tax purposes retroactive to the date of issue of the Series 1998 Bonds. The City has covenanted in the Resolution to comply with each requirement of the Code necessary to maintain the exclusion of the interest on the Series 1998 Bonds from gross income for Federal income tax purposes pursuant to Section 103(a) of the Code and in furtherance thereof, to comply with the provisions of the Tax Certificate relating to the Series 1998 Bonds. In the opinion of Bond Counsel, under existing law, and assuming continuing compliance with the aforementioned covenant, interest on the Series 1998 Bonds is excluded from gross income for federal income tax purposes. Bond Counsel is also of the opinion that the Series 1998 Bonds are not "specified private activity bonds" within the meaning of Section 57(a)(5) of the Code, and, therefore, interest on the Series 1998 Bonds will not be treated as a preference item for purposes of computing the alternative minimum tax imposed by Section 55 of the Code. Interest on the Series 1998 Bonds owned by corporations will, however, be taken into account in determining the alternative minimum tax imposed by Section 55 of the Code on seventy -five percent (75%) of the excess of adjusted current earnings over alternative minimum taxable income (determined without regard to this adjustment and the alternative tax net operating loss deduction). [The Series 1998 bonds maturing July 1, through are being offered and sold in the initial public offering at an original issue discount ( "OID "). OID is the difference between the stated redemption price at maturity (generally the face amount of the Series 1998 Bonds) and the "issue price" of such Series 1998 Bonds. The "issue price" of the Series 1998 Bonds is the respective initial offering prices to the public at which prices a substantial amount of the Series 1998 Bonds was sold. OID represents interest which is excluded from gross income for federal income tax purposes and which may result in the collateral federal tax consequences described below. OID will accrue over the term of such Series 1998 Bonds at a constant interest rate compounded semi - annually. The portion of OID that accrues during the time an owner owns a Series 1998 Bond constitutes interest excludable from gross income for federal income tax purposes and will increase such purchaser's adjusted basis in such Series 1998 Bonds for purposes of determining taxable gain or loss on the sale or other disposition of such Series 1998 Bonds. The federal income tax consequences of the purchase, ownership and sale or other disposition of Series 1998 Bonds which are not purchased in the initial offering at the initial offering prices may be determined according to rules which differ from those described above. Owners of Series 1998 Bonds should consult their own advisors as to the precise 14 federal income tax and state and local tax consequences of owning and disposing of Series 1998 Bonds. Bond Counsel is further of the opinion that the Series 1998 Bonds constitute "qualified tax - exempt obligations" within the meaning of Section 265(b)(3)(B) of the Code. Bond Counsel is also of the opinion that the Series 1998 Bonds are exempt from the intangible personal property tax under the existing laws of the State of Florida. Bond Counsel has not undertaken to advise in the future whether any events after the date of issuance of the Series 1998 Bonds may affect the tax status of interest on the Series 1998 Bonds. No assurance can be given that future legislation, or amendments to the Code, if enacted into law, will not contain provisions which could directly or indirectly reduce the benefit of the exclusion of the interest on the Series 1998 Bonds from gross income for federal income tax purposes. Furthermore, Bond Counsel expresses no opinion as to any federal, State or local tax law consequences with respect to the Series 1998 Bonds, or the interest thereon, if any action is taken with respect to the Series 1998 Bonds or the proceeds thereof upon the advice or approval of bond counsel other than Bond Counsel. Although Bond Counsel will render an opinion that interest on the Series 1998 Bonds is excluded from gross income for federal income tax purposes, a Bondholder's federal, State or local tax liability may otherwise be affected by the ownership or disposition of the Series 1998 Bonds. The nature and extent of these other tax consequences will depend upon the Bondholder's other items of income or deduction. Without limiting the generality of the foregoing, prospective purchasers of the Series 1998 Bonds should be aware that (1) Section 265 of the Code denies a deduction for interest on indebtedness incurred or continued to purchase or carry the Series 1998 Bonds or, in the case of a financial institution, that portion of a holder's interest expense allocated to interest on the Series 1998 Bonds, (ii) with respect to insurance companies subject to the tax imposed by Section 831 of the Code, Section 832(b)(5)(B)(i) reduces the deduction for loss reserves by 15 percent (15%) of the sum of certain items, including interest on the Series 1998 Bonds, (iii) interest on the Series 1998 Bonds earned by certain foreign corporations doing business in the United States could be subject to a branch profits tax imposed by Section 884 of the Code, (iv) passive investment income, including interest on the Series 1998 Bonds, may be subject to Federal income taxation under Section 1375 of the Code for Subchapter S corporations that have Subchapter C earnings and profits at the close of the taxable year if greater than twenty-five percent (25%) of the gross receipts of such Subchapter S corporation is passive investment income, (v) Section 86 of the Code requires recipients of certain Social Security and certain Railroad Retirement benefits to take into account, in determining the taxability of such benefits, receipts or accruals of interest on the Series 1998 Bonds, and (vi) under Section 32(i) of the Code, receipts of investment income, including interest on the Series 1998 Bonds may disqualify the recipient thereof from obtaining the earned income credit. Bond Counsel has expressed no opinion regarding any such other tax consequences. 15 RATINGS Moody's Investors Service, Inc. has assigned their municipal bond rating of _ to the Series 1998 Bonds. Such rating reflects only the views of such organization, and any desired explanation of the significance of such rating should be obtained from the rating agency furnishing the same, at the following address: Moody's Investors Service, Inc., 99 Church Street, New York, New York 10007. Generally, a rating agency bases its rating on the information and materials furnished to it and on investigations, studies and assumptions of its own. There is no assurance that any such rating will continue for any given period of time or that such rating will not be revised downward or withdrawn entirely by the rating agency concerned, if in the judgment of such rating agency, circumstances so warrant. Any such downward revision or withdrawal of any such rating may have an adverse effect on the market price of the Series 1998 Bonds. UNDERWRITING The Underwriter has agreed, subject to certain customary conditions precedent, to purchase the Series 1998 Bonds from the City at a price of $ (representing the original principal amount of the Series 1998 Bonds less underwriter's discount of $ and less original issue discount of $ ), plus accrued interest to the date of delivery of the Series 1998 Bonds, and to reoffer the Series 1998 Bonds at the prices or yields shown on the cover hereof. If obligated to purchase any of the Series 1998 Bonds, the Underwriter will be obligated to purchase all of the Series 1998 Bonds. The Series 1998 Bonds may be offered and sold to certain dealers, dealer banks, and banks acting as agent (including underwriters and other dealers depositing the Series 1998 Bonds into investment trusts) and others at prices lower than the public offering price stated on the cover hereof, and such public offering prices and other selling terms may be changed from time to time by the Underwriter. FINANCIAL STATEMENTS Excerpts of the City's Comprehensive Annual Financial Report for the year ended September 30, 1997, and the report of Haas, Diaz & Co., independent certified public accountants, in connection therewith, are included in Appendix D. Haas, Diaz & Co. has not participated in the preparation of this Official Statement. FINANCIAL ADVISOR The City has retained Dunlap & Associates, Inc., Orlando, Florida, as financial advisor with respect to the authorization and issuance of the Series 1998 Bonds. - The financial advisor is not obligated to undertake and has not undertaken to make an independent verification or to assume responsibility for the accuracy, completeness, or fairness of the information contained in this Official Statement. The financial advisor will receive a fee in connection with the issuance of the Series 1998 Bonds, and the fee is contingent upon issuance of the Series 1998 Bonds. 16 CONTINUING DISCLOSURE Pursuant to the Resolution, the City has covenanted and agreed that, so long as any of the Series 1998 Bonds remain outstanding, it will provide, in a manner consistent with Rule 15c2 -12 of the Securities and Exchange Commission (the "Rule ") (a) to each nationally recognized municipal securities information repository ( "NRMSIR ") and to the appropriate depository designated by the State of Florida ( "SID ") if any, (i) on or before one year after each fiscal year of the City financial information and operating data of the City for the preceding fiscal year of the type included in the Official Statement and, (ii) if not submitted as part of the annual financial information pursuant to (i), above, then, when and if available, audited financial statements of the City prepared in accordance with generally accepted accounting principles; (b) in a timely manner, to each NRMSIR or the Municipal Securities Rulemaking Board ( "MSRB "), and to the appropriate SID, if any, written notice of the occurrence of any of the following events with respect to the Series 1998 Bonds, if material: (i) principal and interest payment delinquencies; (ii) non - payment related defaults; (iii) unscheduled draws on debt service reserves reflecting financial difficulties; (iv) unscheduled draws on credit enhancements reflecting financial difficulties; (v) substitution of credit or liquidity providers, or their failure to perform; (vi) adverse tax opinions or events affecting the tax- exempt status of the security; (vii) modifications to rights of security holders; (viii) bond calls other than mandatory sinking fund redemptions of term bonds; (ix) defeasances; (x) release, substitution, or sale of property securing the repayment of the securities; (xi) rating changes; and (xii) any change in the fiscal year of the City; and (c) in a timely manner, to each NRMSIR or the MSRB, and to the appropriate SID, if any, written notice of a failure of the City to provide the annual financial information described in (a)(i) above, on or before the date specified above, and (d) any other information required to be disclosed to any person to whom it is required to be disclosed by the Rule. The City also covenanted to promptly provide a copy of the above information to the Underwriter. The City shall provide such information to any requesting owner of the Series 1998 Bonds and any requesting beneficial owner of the Series 1998 Bonds held in street name or otherwise in a nominee capacity (the "Beneficial Owners "), provided that the City shall be entitled to charge such requesting owner or Beneficial Owner an amount sufficient to reimburse itself for costs incurred for copying and shipping such information. . The foregoing covenants run to the benefit of the Underwriter, the owners and the Beneficial Owners. However, failure by the City to meet the covenants described herein shall not be deemed to constitute an event of default or a breach of any other covenant under the Resolution, and the sole remedy for such a default or breach shall be as described in the next paragraph. The owner of any Series 1998 Bond or any Beneficial Owner may either at law or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction, protect and enforce any and all rights described under this caption and may enforce and compel the performance of all duties required to be performed by the City or by any officers thereof and described under this caption. Notwithstanding the foregoing, the enforcement of the covenants contemplated hereby shall not affect the validity or enforceability of the Series 1998 Bonds. Notwithstanding any other provisions of the Resolution, the provisions of the Resolution described above may be amended only as follows: (a) the amendment may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of the City or the type of business conducted by the City; (b) the provisions of the Resolution, as amended, would have complied with the requirements of &A the Rule as in effect as of the date of issuance of the Series 1998 Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) the amendment does not materially impair the interest of the owners and /or Beneficial Owners as determined by an opinion of nationally recognized bond counsel delivered to the City, or by approving vote of the owners or the Beneficial Owners of at least a majority of the outstanding principal amount of the Series 1998 Bonds at the time of the amendment. In the event of any amendment to the Resolution, the annual financial information provided subsequent to such amendment shall explain, in narrative form, the reasons for the amendment and the impact of the change in the type of operating data or financial information being provided by the City. If the amendment affects the accounting principles to be followed in preparing financial statements of the City, the annual financial information for the year in which the change is made must present a comparison between the financial statements or information prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. The comparison must include a qualitative discussion of the differences in the accounting principles and the impact of the change in the accounting principles on the presentation of the financial information, in order to provide information to investors to enable them to evaluate the ability of the City to meet its obligations. To the extent reasonably feasible, the comparison should also be quantitative. A notice of the change in the accounting principles must be sent to each NRMSIR or the MSRB and the appropriate SID, if any. Except as aforesaid, the City has undertaken no responsibilities for continuing disclosure with respect to the Series 1998 Bonds. However, the City intends to comply with all applicable legal requirements concerning continuing disclosure as may relate to the Series 1998 Bonds from time to time. MISCELLANEOUS The summaries of and references to all documents, statutes, reports and other instruments referred to herein do not purport to be complete, comprehensive or definitive, and each such reference or summary is qualified in its entirety by reference to each such document, statute, report or other instrument. The information herein has been compiled from official and other sources and, while not guaranteed by the City, is believed to be correct. So far as any statements made in this Official Statement and the appendices attached hereto involve matters of opinion or of estimates, whether or not expressly stated, they are set forth as such and not as representations of fact, and no representation is made that any of the estimates will be realized. 18 CERTIFICATE CONCERNING OFFICIAL STATEMENT The undersigned Mayor, City Manager and Finance Director of the City do hereby certify that (i) this Official Statement has been duly authorized and approved by the City; (ii) they have reviewed this Official Statement and that to the best of their knowledge and belief, the statements herein are true and correct; and (iii) nothing has come to their attention which would lead them to believe that the Official Statement contains an untrue statement of a material fact or omits to state a material fact which should be included herein for the purposes for which this Official Statement is intended to be used, or which is necessary to make the statements contained herein, in light of the circumstances under which they are made, not misleading. CITY OF PALM BEACH GARDENS, FLORIDA Mayor City Manager Finance Director 19 APPENDIX A FORM OF THE RESOLUTION G7���►f �7 iii GENERAL INFORMATION REGARDING THE CITY GENERAL INFORMATION CONCERNING THE CITY OF PALM BEACH GARDENS Background The City of Palm Beach Gardens, Florida (the "City") was incorporated in 1959 and is located in northeastern Palm Beach County, Florida. The City is governed by an elected City Council which appoints a City Manager. The City provides the following services to its residents: public safety, planning and zoning, sanitation, streets and roads, parks, recreation, and a golf course. The City Council (the "Council ") is responsible for legislative and fiscal control of the City. The City operates under Council- Manager form of government. Government and Organization Palm Beach Gardens is located in the northeastern part of Florida, approximately 7 miles north of West Palm Beach and 70 miles north of Miami. The City currently has a land area of 53.9 square miles, making it one of the largest cities in Palm Beach County, and has a 1997 population of 33,229. The City is empowered to levy a property tax on real property located within its boundaries. The City also has the power by state statute to extend its corporate limits by annexation, which is done periodically when deemed appropriate by the City Council. The City of Palm Beach Gardens has operated under the council- manager form of government from its inception. Policy- making and legislative authority are vested in the governing council, which consists of a mayor and four councilmembers. The governing council is responsible, among other things, for passing ordinances, adopting the budget, appointing committees and hiring the City Manager and City Attorney. The City Manager is responsible for carrying out the policies and ordinances of the governing council, for overseeing the day -to -day operations of the City and for appointing the heads of the City's departments. The Council is elected on a non - partisan basis. Councilmembers are elected to three -year staggered terms, with two councilmembers elected one year and three councilmembers the following year. Councilmembers are elected at large; the mayor is selected annually from among the councilmembers by the councilmembers themselves. The City has grown steadily since its incorporation in 1959. The population more than doubled during the 1970's increasing by 136 %. The following decade saw a similar increase in population growth in numbers, though in percentage terms the increase was only 59 %. Continued steady growth is anticipated until 2020, when the City's population is expected to peak at 82,000. TRANSPORTATION FACILITIES Highways: US Highways 1 -95, No. I and A I A and State Highways 710, 786, 809 and 811 pass through the City. Florida State Turnpike access is available on PGA Blvd. and is within the City limits. A new interchange is proposed for the Florida State Turnpike within the corporate limits at Northlake Blvd. There are three interchanges for 1 -95 within the corporate limits. Railroads: The Florida East Coast Railway lines pass through the City but there are no train stations. Buses: The local bus service (Palm Tran), owned and operated by the County, serves the City. Airlines: The City has easy access to the Palm Beach International Airport, administered by the Department of Airports, Palm Beach County. The airport is classified as a Port of Entry. Air transportation service is provided by American, Continental, Delta, Pan Am, Northwest, TWA, United, US Air, Midway Airlines, Comair, Aero Coach, Air Canada, American Eagle, Canadian Airlines, Paradise Island, and Carnival Airlines. The North County Airport is to the west of the City. Maritime Services: The Port of Palm Beach, located within five miles of the corporate limits, provides dockage and cargo facilities for ocean vessels. B -1 CITY OF PALM BEACH GARDENS, FLORIDA STATEMENT AND SUMMARY OF DIRECT AND OVERLAPPING DEBT as of September 30, 1997 Direct Debt General Obligation Indebtedness Non - Self - Supporting Indebtedness Total Direct Debt Overlapping Debt Palm Beach School District General Obligation Bonds 5.05% Currently Applicable to City* Palm Beach County General Obligation Bonds 5.05% Currently Applicable to City* Total Overlapping Debt Total Direct and Overlapping Debt $9,300,000 7,370,000 $16,670,000 E1 * Based upon current assessed property values FINANCIAL PARAMETERS City Population (1997) 33,229 Total Just Valuation -City of Palm Beach Gardens $ Total Taxable Valuation -City of Palm Beach Gardens $ Total Just Valuation -Palm Beach County $ Total Taxable Valuation -Palm Beach County $ B -2 FINANCIAL RATIOS (to be updated) Percent of Percent of Just Taxable Per Valuation Valuation Capita Direct Debt Palm General Obligation Debt Non -Self Supporting Debt .224% .274% $237.39 Total Direct Debt .224% .274% $237.39 Total Overlapping Debt .568% .695% $602.57 Total Direct and Over- S. Florida Other lapping Debt .792% .970% $839.96 Valuation Water Special Total Just Valuation -- -- $106,097.24 Total Taxable Valuation -- -- $86,671.75 CITY OF PALM BEACH GARDENS, FLORIDA PROPERTY TAX MILLAGE RATES (Last ten fiscal years) Source:Palm Beach County Property Appraiser B -3 Palm City of Beach Palm Palm County Palm Beach S. Florida Other Fiscal Beach School Beach County Water Special Year Gardens District County Library Manaeement Districts Total 1988 4.045 8.158 5.442 .908 .510 .160 19.223 1989 4.100 8.462 5.796 .914 .500 .190 19.962 1990 3.695 9.199 4.890 .391 .550 1.480 20.205 1991 3.431 9.293 4.831 .379 .550 1.530 20.014 1992 3.372 9.785 4.644 .934 .550 1.740 20.485 1993 3.370 9.603 4.622 .389 .550 1.830 20.364 1994 4.117 10.063 4.550 .392 .597 1.856 21.575 1995 4.075 10.185 4.519 .444 .497 1.951 21.671 1996 4.043 9.797 4.519 .484 .647 1.838 21.328 1997 3.915 9.788 4.519 .500 .672 1.614 21.008 Source:Palm Beach County Property Appraiser B -3 CITY OF PALM BEACH GARDENS PRINCIPAL TAXPAYERS 1997 Assessed Valuation Percentage of Total Assessed Valuation John D. & Katherine MacArthur Foundation $208,485,414 6.61% Professional Golfers Association 42,628,953 1.35% GBP Investment Corp. 35,650,234 1.13% Amireit Palm Beach Gardens, Inc. 20,477,443 .65% CSC Tanglewood, Ltd. 17,000,000 .54% Gardens East Plaza, Ltd. 16,587,025 .53% Palm Beach Florida Hotel 16,499,993 .52% MCM Venture, Ltd. 16,339,841 .52% MacArthur Holding A Inc. 15,655,788 .50% Oakbrook Square Shopping Center 14,183,297 .45% Total $403,507,988 12.80% Source: Palm Beach County Property Appraiser CITY OF PALM BEACH GARDENS, FLORIDA PROPERTY VALUE, CONSTRUCTION AND BANK DEPOSITS (Last ten fiscal years) (1) Expressed in millions Source: City of Palm Beach Gardens Building Department Florida Bankers Association and Business Development Board of Palm Beach County. Data as of September 30 of the preceding year. Business Development Board of Palm Beach County Palm Beach County Property Appraiser B-4 Property Value Fiscal Number of Construction Bank Year Permits Value Deposits4" Commercial Residential Industrial 1988 n/a n/a 6,944 n/a n/a n/a 1989 n/a n/a 7,252 570,342,603 1,248,619,098 n/a 1990 n/a n/a 8,171 658,751,165 1,707,432,343 n/a 1991 n/a n/a 8,153 645.965,449 1,704,081,477 n/a 1992 2,314 92,138,618 7,955 636,471,063 1,762,062,966 n/a 1993 2,904 128,642,760 7,728 611,785,898 1,830,993,780 24,847,693 1994 2,928 129,545,185 8,197 602,071,973 1,939,146,431 26,823,589 1995 3,056 186,955,514 9,055 606,810,817 2,082,274,603 27,389,430 1996 3,010 152,518,594 9,545 619,534,885 2,217,141,212 28,216,359 1997 2,592 135,161,808 9,911 645,911,286 2,126,086,407 29,944,366 (1) Expressed in millions Source: City of Palm Beach Gardens Building Department Florida Bankers Association and Business Development Board of Palm Beach County. Data as of September 30 of the preceding year. Business Development Board of Palm Beach County Palm Beach County Property Appraiser B-4 Source: "' U.S. Bureau of Economic Analysis Florida Bureau of Economic Research 131 Florida Department of Labor and Employment "' Palm Beach County School Board PALM BEACH GARDENS, FLORIDA ASSESSED VALUE OF TAXABLE PROPERTY (Last ten fiscal years) CITY OF PALM BEACH GARDENS, FLORIDA Fiscal Year DEMOGRAPHIC STATISTICS Personal Property. Total (Last ten fiscal years) $1,333,810,111 $110,515,785 $1,444,325,896 Palm Beach Palm Beach 1 50,91 1,212 2,084,787,735 County Palm Beach Gardens 169,901,325 Fiscal Per Capita Gardens Unemployment School Year IncomeM Population (2) Rate (3) Enrollment(0) 1988 24,472 24,130 n/a 4.907 1989 26,737 26,644 n/a 5.083 1990 29,103 22,965 3.3% 5.041 1991 30,347 24,447 4.3% 4,934 1992 30.901 27,553 5.1% 5.383 1993 32.230 28,635 4.4% 6.167 1994 33,518 30,046 3.7% 6.165 1995 36.057 31,011 3.4% 6,699 1996 n/a 31,909 3.2% 6,949 1997 n/a 33,229 3.9% 7.091 Source: "' U.S. Bureau of Economic Analysis Florida Bureau of Economic Research 131 Florida Department of Labor and Employment "' Palm Beach County School Board PALM BEACH GARDENS, FLORIDA ASSESSED VALUE OF TAXABLE PROPERTY (Last ten fiscal years) Note: The basis of assessed value is approximately one hundred percent (100 %) of actual value. For each fiscal year ending September 30, property is valued as of January I' of the preceding calendar year. Source: Palm Beach County Property Appraiser B -5 Assessed Values Fiscal Year Real Property Personal Property. Total 1988 $1,333,810,111 $110,515,785 $1,444,325,896 1989 1,933,876,523 1 50,91 1,212 2,084,787,735 1990 2,188,671,447 169,901,325 2,358,572,772 1991 2,453,994,643 178,767,549 2,632,762,192 1992 2,482,160,884 188,079,622 2,670,240,506 1993 2,536,950,987 189,402,377 2,726,353,364 1994 2,643,430,257 198,271,084 2,841,701,341 1995 2,786,350,307 208,443,180 2,994,793,487 • 1996 2,929,467,907 223,789,949 3,153,257,856 1997 2,675,136.882 224,249,593 2,899,386,475 Note: The basis of assessed value is approximately one hundred percent (100 %) of actual value. For each fiscal year ending September 30, property is valued as of January I' of the preceding calendar year. Source: Palm Beach County Property Appraiser B -5 CITY OF PALM BEACH GARDENS, FLORIDA PROPERTY TAX LEVIES AND COLLECTIONS (Last ten fiscal years) Percent Delinquent Total Percent Fiscal Total Current Tax of Levy Tax Tax Collected Year Tax Levy Collections Collected Collections Collections to Tax Levy 1988 4,251,587 4301,361 96.47% 7,814 4,109,175 96.65% 1989 5,065,801 4,786,527 94.49% 20,648 4,807,175 94.89% 1990 6,789,139 6,888,476 101.46% 13,156 6,901,632 101.66% 1991 7,346,044 7,233,592 98.47% 30,163 . 7,263,755 98.88% 1992 8,128.526 7,882,428 96.97% 23,946 7,906,374 97.27% 1993 8,303,964 7,952,465 95.77% 149.883 8,102,528 97.57% 1994 10,316.527 10,024,681 97.17% 2.348 10,027,029 97.19% 1995 10,714,995 10,323,379 96.35% 110,11'$ 10,433.497 97.37% 1996 11,182,463 10,779,466 96.40% 3,865 10,783,331 9643% 1997 11,409,420 10.923,649 95.74% 30,711 10,954,360 96.01% Source: Palm Beach County Tax Collector B-6 APPENDIX C FORM OF BOND COUNSEL OPINION GI���I�I ►J1:i�7 AUDITED FINANCIAL STATEMENTS EXHIBIT "D" Letter of Representations F0 Letter of Representations (To be Complete by Issuer and Agent) [same of Issuer] [Name of Agent] Attention: Underwriting Department The Depository Trust Company 55 Water Street; 50th Floor New York, NY 10041 -0099 Re: [Issue Description] Ladies and Gentlemen: [Date] This letter sets forth our understanding with respect to certain matters relating to the above - referenced issue (the 'Bonds "). Agent will act as trustee, paying agent, fiscal agent, or other agent of Issuer with respect to the Bonds. The Bonds will be issued pursuant to a trust indenture, bond resolution, or other such document authorizing the issuance of the Bonds dated 199_ (the "Document"). [ "Underwriter "] is distributing the Bonds through The Depository Trust Company ( "DTC). To induce DTC to accept the Bonds as eligible for deposit at DTC, and to act in accordance with its Rules with respect to the Bonds, Issuer and Agent, if any, make the following representations to DTC: 1. Prior to closing on the Bonds on ,199 , there shall be deposited with DTC one Bond certificate registered in the name of DTC's nominee, Cede & Co., for each stated maturity of the Bonds in the face amounts set forth on Schedule A hereto, the total of which represents 100% of the principal amount of such Bonds. If, however, the aggregate principal amount of any maturity exceeds $200 million, one certificate will be issued with respect to each $200 million of principal amount and an additional certificate will be issued with respect to any remaining principal amount. Each Bond certificate shall bear the following legend: Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ( "DTC" ), to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERkVISE BY OR TO ANY PERSON IS 'WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. 2. In the event of any solicitation of consents from or voting by holders of the Bonds. Issuer or Agent shall establish a record date for such purposes (with no provision for revocation of consents or votes by subsequent holders) and shall, to the extent possible, send notice of such record date to DTC not less than 15 calendar days in advance of such record date. 3. In the event of a full or partial redemption or an advance refunding of part of the outstanding Bonds, Issuer or Agent shall send a notice to DTC specifying: (a) the amount of the redemption or refunding; (b) in the case of a refunding, the maturity dates) established under the refunding; and (c) the date such notice is to be mailed to beneficial owners or published (the "Publication Date "). Such notice shall be sent to DTC by a secure means (e.g., legible telecopy, registered or certified mail, overnight delivery) in a timely manner designed to assure that such notice is in DTC's possession no later than the close of business on the business day before the Publication Date. Issuer or Agent shall forward such notice either in a separate secure transmission for each CUSIP number or in a secure transmission for multiple CUSIP numbers (if applicable) which includes a manifest or list of each CUSIP submitted in that transmission. (The party sending such notice shall have a method to verify subsequently the use of such means and the timeliness of such notice.) The Publication Date shall be not less than 30 days nor more than 60 days prior to the redemption date or, in the case of an advance refunding, the date that the proceeds are deposited in escrow. 4. In the event of an invitation to tender the Bonds, notice by Issuer or Agent to Bondholders specifying the terms of the tender and the Publication Date of such notice shall be sent to DTC by a secure means in the manner set forth in the preceding Paragraph. 5. All notices and payment ad\;ices sent to DTC shall contain the CUSIP number of the Bonds. 6. Notices to DTC pursuant to Paragraph 2 by telecopy shall be sent to DTC's Reorganization Department at (212) 709 -6896 or (212) 709 -6897, and receipt of such notices shall be confirmed by telephoning (212) 709 -6870. Notices to DTC pursuant to Paragraph 2 by mail or by any other means shall be sent to: Supervisor; Proxy Reorganization Department The Depository Trust Company 7 Hanover Square; 23rd Floor New York, NY 10004 -2695 7. Notices to DTC pursuant to Paragraph 3 by telecopy shall be sent to DTC's Call Notification Department at (516) 227 -4164 or (516) 227 -4190. If the party sending the notice does not receive a telecopy receipt from DTC confirming that the notice has been received, such party shall telephone (516) 227-4070. Notices to DTC pursuant to Paragraph 3 by mail or by any other means shall be sent to: Call Notification Department The Depository Trust Company 711 Stewart Avenue Garden City, NY 11530 -4719 -2- 8. Notices to DTC pursuant to Paragraph 4 and notices of other actions (including mandatory tenders, exchanges, and capital changes) by telecopy shall be sent to DTC's Reorganization Department at (212) 709 -1093 or (212) 709 -1094, and receipt of such notices shall be confirmed by telephoning (212) 709 -6884. Notices to DTC pursuant to the above by mail or by any other means shall be sent to: Manager; Reorgani?ntion Department Reorganiz?tion Window The Depository Trust Company 7 Hanover Square; 23rd Floor New York, NT 10004 -2695 9. Agent must provide DTC, no later than noon (Eastern Time) on the payment date, CUSIP numbers for each issue for which payment is being sent, as well as the dollar amount of the payment for each issue. Notification of payment details should be sent using automated communications. 10. Interest payments and principal payments that are part of periodic principal- and - interest payments shall be received by Cede & Co., as nominee of DTC, or its registered assigns in same -day funds no later than 2:30 p.m. (Eastern Time) on each payment date (in accordance with existing arrangements between Issuer or Agent and DTC). Absent anv other arrangements between Issuer or Agent and DTC, such funds shall be wired as follows: Chemical Bank ABA 021000128 For credit to A/C The Depository Trust Company Dividend Deposit Account 066 -026 7'r 6 Issuer or Agent shall provide interest payment information to a standard announcement service subscribed to by DTC. In the unlikely event that no such service exists, Issuer agrees that it or Agent shall provide this information directly to DTC in advance of the interest record date as soon as the information is available. This information should be comeved directly to DTC electronically. If electronic transmission is not available, absent any other arrangements between Issuer or Agent and DTC, such information should be sent by telecopy to DTCs Dividend Department at (212) 709 -1723 or (212) 709 -1686, and receipt of such notices shall be confirmed by telephoning (212) 709 -1270. Notices to DTC pursuant to the above by mail or by any other means shall be sent to: Manager; Announcements Dividend Department The Depository Trust Company 7 Hanover Square; 22nd Floor New York, NY 10004 -2695 11. DTC shall receive maturity and redemption payments allocated with respect to each CUSIP number on the payable date in same -day funds by 2:30 p.m. (Eastern Time). Absent anv other arrangements between Issuer or Agent and DTC, such funds shall be wired as follows: Chemical Bank ABA 0.21000128 For credit to A/C The Depository Trust Company Redemption Account 066- 027306 in accordance with existing SDFS payment procedures in the manner set forth in DTC's SDFS Paying Agent Operating Procedures, a copy of which has previously been famished to Agent. 12. DTC sha11 receive all reorganization payments and CUSIP -level detail resulting from corporate actions (such as tender offers, remarketings, or mergers) on the first payable date in -3- same -day funds by 2:30 p.m. (Eastern Time). Absent any other arrangements between Issuer or Agent and DTC, such funds shall be wired as follows: Chemical Bank ABA 021000128 For credit to A/C The Depository Trust Company Reorganization Account 066 - 027608 13. DTC may direct Issuer or Agent to use any other telephone number or address as the number or address to which notices or payments of interest or principal may be sent. 14. In the event of a redemption, acceleration, or any other similar transaction (e.g.. tender made and accepted in response to Issuer's or Agent's invitation) necessitating a reduction in the aggregate principal amount of Bonds outstanding or an advance refunding of part of the Bonds outstanding, DTC, in its discretion: (a) may request Issuer or Agent to issue and authenticate a nee-.- Bond certificate, or (b) may make an appropriate notation on the Bond certificate indicating the date and amount of such reduction in principal except in the case of final maturity, in which case the certificate will be presented to Issuer or Agent prior to payment if required. 15. In the event that Issuer determines that beneficial owners of Bonds shall be able to obtain certificated Bonds, Issuer or Agent shall notify DTC of the a. -Ail?bility of Bond certificates. In such event, Issuer or Agent shall issue, transfer: and exchange Bond certificates in appropriate amounts, as required by DTC and others. 16. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to Issuer or Agent (at which time DTC will confirm with Issuer or Agent the aggregate principal amount of Bonds outstanding). Under such circumstances, at DTC's request Issuer and Agent shall cooperate fully with DTC by taking appropriate action to make available one or more separate certificates evidencing Bonds to any DTC Participant having Bonds credited to its DTC accounts. 17. Issuer: (a) understands that DTC has no obligation to, and will not, communicate to its Participants or to any person having an interest in the Bonds any information contained in the Bond certificate(s); and (b) acknowledges that neither DTC's Participants nor any person having an interest in the Bonds shall be deemed to have notice of the provisions of the Bond certificate(s) by virtue of submission of such certificate(s) to DTC. 18. Nothing herein shall be deemed to require Agent to advance funds on behalf of Issuer. Notes: A. If there is an Agent (as defined in this Letter of Representations), Agent, as well as Issuer, must siggnn this Letter. If there is no Agent, in g this Letter H—V undertakes to perform all of the obligations set forth herein. B. Under Rules of the Municipal Securities Rulemalang Board relating to "good delivery.- a municipal securities dealer must be able to determine the date that a notice of a partial call or of an adhance refunding of a part of an issue is published (the "publication date "). 'The establishment of such a publication date is addressed in Paragraph 3 of the Letter. C. Schedule B contains statements that DTC believes accurateh• describe DTC. the method of effecting book - entry traiisfers of securities distributed through bf , and certain related matters. Received and Accepted: THE DEPOSITORY TRUST COMPANN By: ('Authorized Officer) CC: Underwriter Underwriter's Counsel Very truly yours, (issuer) By: (Authorized Officer's Signature: By: -5- Agent) (Authorized Officer's Signature SCHEDULE A (Describe Issue) CUSIP Principal Amount Maturity Date Interest Rate [6. Redemption notices shall be sent to Cede & Co. If less than all of the Securities within an issue are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed.] 7. Neither DTC nor Cede & Co. will consent or vote with respect to Securities. Under its usual procedures, DTC mails an Omnibus Proxy to Issuer as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Securities are credited on the record date (identified in a listing attached to the Omnibus Proxy). 8. Principal and interest payments on the Securities will be made to DTC. DTC's practice is to credit Direct Participants' accounts on payable date in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that it will not receive payment on payable date. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, Agent, or Issuer, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal and interest to DTC is the responsibility of Issuer or Agent, disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants. [9. A Beneficial Owner shall give notice to elect to have its Securities purchased or tendered, through its Participant, to [Tender/Remarketing] Agent, and shall effect delivery of such Securities by causing the Direct Participant to transfer the Participant's interest in the Securities, on DTC's records, to [Tender/Remarketing] Agent. The requirement for physical delivery of Securities in connection with an optional tender or a mandatory purchase will be deemed satisfied when the ownership rights in the Securities are transferred by Direct Participants on DTC's records and followed by a book -entry credit of tendered Securities to [Tender/Remarketing] Agent's DTC account.] 10. DTC may discontinue providing its services as securities depository with respect to the Securities at anv time by giving reasonable notice to Issuer or Agent. Under such circumstances, in the event that a successor securities depository is not obtained, Security certificates are required to be printed and delivered. 11. Issuer may decide to discontinue use of the system of book -entry transfers through DTC (or a successor securities depository). In that event, Security certificates will be printed and delivered. 12. The information in this section concerning DTC and DTC's book -entry system has been obtained from sources that Issuer believes to be reliable, but Issuer takes no responsibility for the accuracy thereof. M D Princioal and Income Payments Rider 1. This Rider supersedes any contradictory language set forth in the Letter of Representations to which it is appended. 2. With respect to payments in the Securities: A. Issuer or Agent shall provide notice to a standard interest anc dividend announcement service subscribed to by DTC. In the event that no such service exists, Issuer or Agent shall provide such notice directly to DTC electronically, as previously arranged by Issuer or Agent and DTC. If electronic transmission has not been arranged, absent any other arrangements between Issuer or Agent and DTC, such notice shall be sent by telecopy to DTC's Dividend Department at (212) 709 -1723 or (212) 709 -1686, and receipt of such notices shall be confirmed by telephoning (212) 709 -1270. Notices to DTC pursuant to the above by mail or any other means shall be sent to: Manager, Announcements Dividend Department The-vepository Trust Company 7 Hanover Square, 22nd Floor New York, NY 10004 -2695 B. Issuer or Agent shall provide DTC, no later than noon (Eastern Time) on each periodic interest, principal or dividend payment date, a written notice of payment information containing the Security CUSIP numbers for which payment will be sent, as well as the dollar amount of payment. C. Dividends, interest payments, and principal payments that are part of periodic principal- and - interest payments shall be received by Cede & Co., as nominee of DTC, or its registered assigns, in same - day funds no later than 2:30 p.m. (Eastern Time) on each payment date. Absent any other arrangements between Issuer or Agent 110110196; and DTC, such funds shall be wired as follows: The Chase Manhattan Bank ABA # 021 000 021 For Credit to a/c Cede & Co. c/o The Depository Trust Company Dividend Deposit Account # 066- 026776 D. Maturity and redemption payments with CUSIP -level detail shall be received by Cede & Co., as nominee of DTC, or its registered assigns, in same -day funds by 2:30 p.m. (Eastern Time) on the payable date. Absent any other arrangements between Issuer or Agent and DTC, such funds shall be wired as follows: The Chase Manhattan Bank ABA # 021 000 021 For Credit to a/c Cede & Co. c/o The Depository Trust Company Redemption Deposit Account # 066 - 027306 E. Principal payments (plus accrued interest, if any) as the result of optional tenders for purchase effected by means of DTC's Repayment Option Procedures shall be received by Cede & Co., as nominee of DTC, or its registered assigns, in same -day funds by 2:30 p.m. (Eastern Time) on the first payable date. Absent any other arrangements between Issuer or Agent and DTC, such funds shall be wired as follows: The Chase Manhattan Bank ABA # 021 000 021 For credit to a/c Cede & Co. c/o The Depository Trust Company • Reorganization Deposit Account # 066- 027608 2 _ 110110196! CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: June 18, 1998 Subject/Agenda Item: Consideration of approval for petition CU- 98 -02, by Dan Lehner, agent for The Renaissance Learning Center, Inc., is requesting site plan and temporary conditional use approval for the placement and use of one modular unit at the Nativity Lutheran Church, 4075 Holly Drive. (12- 42S -42E) Recommendation /Motion: Staff recommends that Resolution 54 1 CM hp annrnvP-H with A rrnnriitinnc Reviewed by: Originating Dept.: Costs: $_0 Council Action: City Attorney Total [ ] Approved Finance N/A $ 0 [ ] Approved w/cwditions Current FY ACM [ ] Denied Human Res. N/A Funding Source: [ ] Continued to: Advertised: Other N/A Date: ( ] Operating Attachments: Paper: [ x ] Not Required [ ] Other N/A Site Plan Brochure Submitted by: Principal Planner Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: Dan Lehner, agent for The Renaissance Learning Center, Inc., is requesting site plan and temporary conditional use approval to allow the placement and use of one modular unit at the Nativity Lutheran Church. The Nativity Lutheran Church is located on the north side of Holly Drive, approximately'/ mile from the intersection of Military Trail and Holly Drive. The site plan for the 8,444 square foot church was approved in May of 1962 as a conditional use. There were three additions to the property. The first was in October 1967, the second, to build classrooms was in February 1972 and the third was in 1987 for an administrative building addition. Agenda Cover Memorandum Page 2 Date: June 18, 1998 The subject site is zoned RM (Residential Medium) with a conditional use overlay. The future land use designation is C (Commercial). The modular unit, totaling 1,820 square feet, will be located on the western side of the Fellowship and Education building. The unit will be placed vertically, with the rear of the unit facing Holly Drive. Trees will be planted along the perimeter of the unit to provide screening. Per Section 118 -297 Temporary Conditional Uses, of the City's Zoning Code, the City Council may grant a temporary conditional use when such use is necessary due to business expansion. The Renaissance Learning Center plans to use the modular unit to teach up to a maximum of eight students with autism. The children will range in age from three to six years old. The Center requires the additional space in order to devote individual attention to these special needs children. Zoning: Parking Required Number Required /Allowed l Provided 1 Compliance Conditional Use (RM), Temporary Yes Church Conditional Use, School Front Setback: 30' 120' Yes Side Setback: 10' 10' Yes Side Facing Street 133' Yes Setback: 20' Rear Setback: 20' 70' Yes Building Height: 36' Max. 13' Building Lot Coverage: 4.74% (including Yes 35% Max. existing building) 47 (1 space per 4 seats) 183 Agenda Cover Memorandum Page 3 Departmental Comments: Date: June 18, 1998 Building Official Jack Hanson has reviewed the petition and has given his approval provided that the entrance to the building is handicap accessible. The bathrooms need to be handicap accessible as well. Mark Hendrickson, City Forrester, has reviewed the project and has one condition of approval. Recommendation: Staff recommends approval of petition CU -98 -02 with the following conditions: 1. The petitioner shall have 24 months, from the effective approval date of this petition, to remove the modular unit from the site. 2. The petitioner shall install 5 live oak trees along the western and southern elevations of the modular unit. 3. The conditional use must meet all applicable regulations governing handicap access. RESOLUTION -54,1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A TEMPORARY CONDITIONAL USE FOR THE PLACEMENT AND USE OF ONE MODULAR UNIT AT THE NATIVITY LUTHERAN CHURCH; PROVIDING FOR ADDITIONAL CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received a petition for a temporary conditional use for the placement and use ofone modular unit at the Nativity Lutheran Church, located at 407", Holly Drive, Palm Beach Gardens; and WHEREAS, the City Council finds that the proposed temporary conditional use will not impair the value and appearance of surrounding properties and that is consistent with the intent and purpose of Land Development Regulations; and WHEREAS, the City Council has determined that the proposed temporary conditional use 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 I.. The City Council of the City of Palm Beach Gardens hereby approves a temporary conditional use for the placement and use of one modular unit at the Nativity Lutheran Church located at 4075 Holly Drive, Palm Beach Gardens. Section 2. Construction of said development shall be in accordance with the following plans on file with the City's Planning and Zoning Department: 1. May 22, 1998 Site Plan, Enlarged Detail Plan, North, West and East Elevations 2. October 10, 1995 Engineering Plans, Space Master Manufacturing, Sheets 1 -7 3. October 9, 1995 Foundation Details, Hilborn, Werner, Carter & Associates, Sheet 1 Section 3. Said site plan approval shall comply with the following conditions: (1) The conditional use approval shall be effective in the form and scope as approved for no more than 24 months from its effective date. Resolution 54, 1998 Page 2 more than 24 months from its effective date. (2) The petitioner shall install 5 live oak trees, at a minimum of 12 feet in height, along the western and southern elevations of the modular unit. $ectipn 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF JUNE 1998. ATTEST: LINDA V. KOSIER ftw VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK Resolution 54, 1998 Page 2 JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT EXISTING SITE PLAN PARKING DATA REQUIRED PARKING: 1 SPACE / 4 SEATS: 47 PARKING PROVIDED: 1 SPACE / 2.2S SEATS: 83 PAVED SPACES: 83 GRASS SPACES: ... EXISTING DATA HANDICAP SPACES :. . BUILDING DATA WORSHIP SEATING: 188 ' SUNDAY SCHOOL CLASSROOMS: 11 PRESCHOOL CLASSROOMS : 8 DINING SEATING: 80 OFFICES: 3 SITE DATA EXISTING SITE PLAN PARKING DATA REQUIRED PARKING: 1 SPACE / 4 SEATS: 47 PARKING PROVIDED: 1 SPACE / 2.2S SEATS: 83 PAVED SPACES: 83 GRASS SPACES: ... p HANDICAP SPACES :. . . .:. ZONING : CONDITIONAL USE, RH HIGH DENSITY RESIDENTIAL SITE AREA : 467.22 x 467.22:: 218,295 sf : 5 ACRES GROSS BUILDING AREA: 8.423 of BUILDING COVERAGE: 3.9 S JAN 12 '98 16:55 unw uw.A Q 1 - r r J �I - UOKT POLAM o < Twu i � L Z K cl 1a4. 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C r* CD 0 3 CD n-0 C m n �� N CD -c �- n a 0 r* CD m m O rt CD C C: 0 ? 2 � � CD _� c_ 'n 3 CD n m � v 3 rt CL < CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: June 18, 1998 Subject/Agenda Item Consideration of approval for petition SP- 98 -01, a request by Jay Grossman, agent for Seavest, Inc., for site plan approval of two four -story office buildings totaling 176,600 square -feet. The 12- acre site is located within the PGA National Planned Community District (PCD), at the southeast corner of PGA Boulevard and Avenue of Champions. (10- 42S -42E) Recommendation /Motion: Staff recommends that Resolution , 1998 be approved with conditions. Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorney Growth Management Total [ ] Finance NA $ [ ] Approved w/ conditions ACM Current FY [ ]Denied Human Res. NA Other NA Advertised: Funding Source: 9 [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ ] Other Resolution , 1998 Zoning and land use&Site [ x ] Not Required Analysis I Submitted by: Growth Management Director Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: The subject property is located within PGA National Development of Regional Impact (DRI) and is bound on the north by PGA Boulevard, to the south by Fairway Drive, to the east by the Bascom Palmer Site, and to the west by Avenue of the Champions. The PGA National DRI was approved on August 31, 1978 by Resolution 43, 1978. On February 1, 1979, City Council approved the PGA National Planned Community District by Ordinance 34, 1978. The PGA National PCD is expected to be entirely built out within 2 years. On August 18, 1994 by 1 The PGA National PCD is expected to be entirely built out within 2 years. On August 18, 1994 by Resolution 106, 1994, the build -out date of the PCD was extended from August 29, 1998 to August 29, 2003. PROPOSED BUILDING: The petitioner is proposing 176,600 square feet of office consisting of two 88,300 square -foot buildings, within the PGA National Planned Community District. The proposed building materials are precast concrete and the proposed colors will be presented to the council at the meeting. The site plan proposes two four -story buildings with a maximum height of 62 feet. This is a reduction from the previously - proposed two six -story buildings with a maximum height of 86 feet. The maximum height allowed within a commercial district is 36 -feet. However, the petitioner is requesting for a waiver of the building height limit requirement of the zoning code. The proposed buildings are 62 feet high. For comparison, the approved height for the Bascom Palmer is 51'4" and Fairway Office Plaza, located immediately south of the proposed project is 56' high. The project is proposed to be completed in two phases with one building in each phase. ACCESS & SIGNAGE: Access to the site will be from Fairway Drive with an exit to Avenue of the Champions. Three project identification sign have been proposed, two at the entrance to the site and one at the entrance to the building. Building Official Jack Hanson has reviewed the plans and has no major comments with regards to the proposed signage for this project. Waivers: The petitioner is requesting for a waiver of the number of loading spaces, the code requires 4 loading spaces. whereas the site plan proposes three (3). Based on the nature of the proposed use of the building, staff has no objections to the waiver. A waiver of the height requirement has also been requested. It should be noted that per Site Plan and Appearance Review Committee's recommendation, the height of the building has been reduced twice from the original proposal (from 6 to 4 stories). The proposed height currently is 62 feet to the top of the penthouse, the maximum height allowed by the code is 36 feet. Staff is recommending approval of the waiver request because the proposed buildings are located along a major arterial road in the City (PGA Boulevard) and the site is surrounded by non - residential uses. At its may 12, 1998, the Site Plan and Appearance Review Committee reviewed this petition and recommended approval of this petition based on the following conditions: 1. The approval of this petition is contingent upon the approval of the following waivers: a. Waiver of Section 118 -569. Number of Loading Spaces. b. Waiver of Section 118- 204(f) Building Height Limit. 2. Prior to scheduling this petition for a City Council Meeting, the applicant shall obtain letters of authorizations from the appropriate entities allowing the applicant to landscape and pave within the existing 15' and 10' FPL easement and 12' utility easement. 3. Prior to the issuance of the Building Permit, the applicant shall provide handicap access ramps wherever an accessible route crosses a curb or raised sidewalk. 4. Delete signage and continue the facade and come back with a full signage package. 5. The petitioner shall provide a plan for the landscaping and traffic circulation east of the phase II building if the optional parking lot is not being built. The petitioner has addressed condition # 2 and Assistant city Engineer Tammy Jacobs has reviewed the revised plans and has revised the condition pertaining to Handicap access ramp. Ms. Jacobs has recommended that as a condition of construction plan approval, the applicant will need to provide a handicap access ramp at the 7 -foot sidewalk just east of the loading spaces to provide access for the two relocated handicap spaces. With regards to condition # 4, the petitioner has proposed the full signage package for the building. It should be also be noted that due to the proximity of the sidewalk to the top of the bank of the water management tract along the north property line, Assistant City Engineer Jacobs had originally recommended a fence or other pedestrian barrier where the sidewalk was proposed. The petitioner has indicated that a fence is not aesthetically desirable, therefore the sidewalk was eliminated. Staff is recommending the following condition of approval: Prior to the issuance of the first Certificate of Occupancy, the petitioner shall obtain permission from FDOT for the placement of a concrete sidewalk in the PGA Boulevard right of way. The concrete sidewalk shall be completed from the eastern portion of the subject site to the southeast corner of Ryder Cup Boulevard and PGA Boulevard. 3 EXISTING ZONING AND LAND USE DESIGNATIONS & SITE ANALYSIS EXISTING USE ZONING LAND USE Subject Property Planned Community Commercial Vacant District (PCD) North Planned Development Commercial Vacant Area (PDA) South Planned Community Commercial Fairway Office Plaza District (PCD) East Planned Community Commercial Bascom Palmer Site District (PCD) West Planned Community Professional Office PGA Headquarters District (PCD) (PO) CONSISTENCY WITH THE CODE & DEVELOPMENT ORDER Consistent Code Requirement Proposed Plan Yes PCD - Planned Community Office District, Commercial Yes Lot Coverage (35 %) 8% Yes Parking 589 spaces 665 spaces No Loading: 4 spaces 3 spaces Yes Front Setback: 50' 410'9" Yes Side Setback: 15'- 40' 122' Yes Rear Setback (PGA): 55' 8218" No Building Height 36' 62' Yes Open Space (15 %) 3'8.5% 4 6 RESOLUTION 55, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF SITE PLAN FOR TWO OFFICE BUILDINGS TO BE KNOWN AS THE FAIRWAY OFFICE CENTER LOCATED WITHIN THE PGA NATIONAL PLANNED COMMUNITY; PROVING CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Growth Management Department has received and reviewed an application from Seavest, Inc. for the Fairway Office Center, totaling 176,600 square feet, to be located with the PGA National Planned Community, and WHEREAS, the City's Growth Management Department is recommending approval of the Fairway Office Center petition; 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 a site plan for the construction of 176,600 square feet office space in two buildings located on 12 acres within the PGA National Planned Community. Section 2. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: i . %lay 28, 1998 Site Plan by M.J. Anderson Architectural Services INC., Sheet A- 2. May 28, 1998 Landscape Development Plan by George G. Gentile & Associates, INC., Sheet L -1. 3 May 28, 1998 Elevations by M.J. Anderson Architectural Services INC., Sheet A- 3.1. Section 3. Said site plan approval shall comply with the following conditions'. The approval of this petition is contingent upon the approval of the following waivers: a. Waiver of Section 118 -569. Number of Loading Spaces. b. Waiver of Section 1 18- 204(f) Building Height Limit. 2. Prior to the issuance of the first Building, Permit, the applicant shall provide a handicap access ramp at the 7 -toot sidewalk just east of the loading, spaces to provide access for thr two relocated handicap spaces. 3. Prior to the issuance of the first Certificate of Occupancy, the petitioner shall obtain permission from FDOT, if possible, for the placement of a concrete sidewalk in the PGA Boulevard right of way. The concrete sidewalk shall be completed from the eastern portion of the subject site to the southeast corner of Ryder Cup Boulevard and PGA Boulevard. Section mil. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE ATTEST: LINDA V. KOSIER VOTE: MAYOR RUSSO VICE MAYOR FURT.ADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK Resolution 55, 1998 Page 2 G: \Short Range \SP9801.RES.wpd DAY OF 1998. JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT June 10, 1998 RESOLUTION 56, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF THREE (3) MEMBERS TO THE BEAUTIFICATION AND ENVIRONMENTAL COMMITTEE OF THE CITY OF PALM BEACH GARDENS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2 -101 of the Palm Beach Gardens Code of Ordinances provides for the appointment of members to the City of Palm Beach Gardens Beautification and Environmental Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Pursuant to Section 2 -101 of the Palm Beach Gardens Code of Ordinances, and are hereby appointed as regular members of the Beautification and Environmental Committee for three (3) years, which terms of office shall expire March 21, 2001. Section 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF JUNE 1998. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO JOSEPH R. RUSSO, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY AXE NAY ABSENT C= CURRENT MEMBERS BEAUTIFICATION & ENVIRONMENTAL COMN THE (6 Members - 3 Year Terms) (3 Members - 2 Year Terms) TE MEMBERS TERM RM EXPIRES DATE APPOINTED Baqir Murtaza Syed, M.D. 148 Oakwood Lane 33410 (2 yrs.) 6/16/98 12/18/97 Home: 776 -0010 Work: 626 -7606 Joe Royals 611 6th Court 33410 (2 yrs.) 6/16/98 7/2/97 Home: 625 -1558 Work: 838 -5130 Susan Wood 522 5th Court 33410 (2 yrs.) 6/16/98 9/1/94 Home: 627 -8145 Work: 694 -3000 Audrey Marton 119 Lost Bridge Drive (3 yrs.) 3/212000 4/16/98 Palm Beach Gardens 33410 Home: 626 -4355 Jeffrey Renault, Chair (3 yrs.) 6/16/2000 6/16/88 11043 Oakway Circle 33410 Home: 626 -8806 11/20/97 reapp. Work: 626 -4653 Bettie B. Marks (3 yrs.) 6/16/2000 6/16/81 5155 Peppercorn Street 33418 Home: 622 -3219 11/20/97 reapp. Sheryl Snyder (3 yrs.) 6/16/2000 6/20/96 6904 Germinata Oak Court 33410 Home: 627 -7641 11/20/97 reapp. Work: 561- 790 -5116 Sally Wilks (3 yrs.) 6/16/2000 6/20/96 268 Canterbury Drive W. 33418 11/20/97 reapp. Home: 627 -0771 Connie Premuroso 163 Eagleson Court 33418 (3 yrs.) 6/16/2000 11/20/97 app. Home: 622 -9256 Work: 747 -5244 B & E.Mem 04/20/98 FLORIDA LEAGUE Memorandum CITIES, TO: City Managers /City Clerks 0 FROM: Michael Sittig, Executive Director DATE: June 1, 1998 SUBJECT: 72nd Annual Conference — FLCities — Pathways to Progress VOTING DELEGATE AND RESOLUTION INFORMATION August 13 -15, 1998 — Fontainebleau Hilton Hotel As you know, the Florida League of Cities' Annual Conference will be held at the Fontainebleau Hilton Hotel on August 13 -15. This year's theme, FLCities — Pathways To Progress, will provide valuable educational opportunities to help Florida's city officials serve their citizenry more effectively. It is important that each city designate one person to be the voting delegate. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each city will make decisions that determine the direction of the League. Registration materials have already been sent to each city. Call us if you need more. We have attached the procedures your city should follow for presenting resolutions to the League membership. Should you have any questions or need additional information, please feel free to call Drew Smith or Kelvin Robinson at Suncom 278 -5331 or 1- 800 -342- 8112. MS:bcs Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolutions 301 South Bronough Street • Post Office Box 1757 • Tallahassee, FL 32302 -1757 Telephone (850) 222 -9684 • Suncom 278 -5331 • Fax (850) 222 -3806 • Internet: http: / /fcn.state.fl.us /fic/ Procedures for Submitting Resolutions 72 °d Annual Convention Florida League of Cities, Inc. August 13 -15, 1998 Miami Beach, Florida In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office a minimum of 30 days prior to the first day of the annual conference. (2) Proposed resolution will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolution Committee at least 15 days prior to the first day of the annual conference. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two- thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two- thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. (5) Proposed resolutions relating to state legislation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolution Committee at the conference; however, all state legislative issues will be by the standing policy committees and the Legislative Committee prior to the membership at the annual Legislative Conference each fall. At that time, a state Legislative Policy Statement will be adopted. Cities unable to formally adopt a resolution 30 days prior to the first day of the conference may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. IMPORTANT DATES June 4 July 31 Notice to Local League Presidents and Municipal Resolutions Mailed to Resolutions Committee Associations Requesting Nominees to the Resolutions Committee July 6 Appointment of Resolutions Committee Members July 13 Deadline for Submitting Resolutions to the League Office VotingDelegate.doc August 13 League Standing Committee Meetings Resolutions Committee Meeting Voting Delegates Registration August 15 Immediately Following Luncheon — Pick Up Voting Delegate Credentials Followed by Annual Business Session 72 "d Annual Conference Florida League of Cities, Inc. August 13-15,1998 Miami Beach, Florida It is important that each member city sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By -Laws requires that each city select one person to serve as the city's voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Designation of Voting Delegate Name of Voting Delegate: Title: City of. AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302 -1757 Or Fax to Gail Dennard at (850) 222 -3806 Linda Koster From: Bobbie Herakovich Sent: Wednesday, June 10, 1998 2:01 PM To: Roxanne Manning Cc: Kim Glas; Paul Friedman; Barbara Byerly; Linda Kosier Subject: Sidewalk link to Military Tr from new City Hall /Police Station As you know, the City Council requested that Staff come back with additional discussion concerning whether or not to include the alternate for the pedestrian connection from the new Police Station and City Hall to Military Trail.As this alternate has a price tag of $50,000 the council wanted staff to: 1. verify the cost (Roxanne /Jack) 2. determine if the sidewalk is needed or would be used (Kim /Chief) Can you please communicate your thoughts about this issue to me no later than Friday? I would like to include this as an agenda item under Items for council Action on the June 18 agenda. Thanks C.C. Chief Fitzgerald (sent to Barbara Byerly for distribution of memo to Jack) Page 1 Ms. Bobbie Herakovich, City Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Phone: 561- 775 -8250 Dear Ms. Herakovich, 1010 10th Terrace, PGA National Palm Beach, FL 33418 561- 694 -3033 * dbrain @flinet.com June 9, 1998 Telephone (561) 694 -3033 JOHN W. BRAINARD 1010 10th Terrace. PGA Nat'l Palm Beach Gardens, FL 33418 Good to speak with you the other evening about the evils of municipal complexes "unconnected" to streets, e.g. relative to Mr. Sabatello's sidewalk insights June 3rd. Please keep the walkways to Military Trail. I appreciate Mr. Sabatello's interest in precluding unnecessary expenditure of funds to "link" Military Trail with Palm Beach Garden's new municipal complex. However (and this word is always a tip off), I support pedestrian connections to streets - to link and anchor the building to its community and site. I grant, most people will drive and ride in automobiles to visit our new city hall/municipal complex I mentioned to you and Mr. Sabatello my personal insight about the Board of Education headquarters off Forest Dill Boulevard - west of Military Trail in West Palm Beach, viz: a greensward facing Forest 14i1L with a multi -lane automobile entrance, BUT NO (emphasis mine) sidewalk, for anyone foolish enough to walk or arrive via bus, from the Forest Hill Boulevard sidewalk to the rather grim (read Kafka's The Castle) building. I view the Board of Education edifice as signally lacking connection to its community and its citizenry by way of its statement "only automobiles ". Please retain and even enhance the walkways to sustain the link between Palm Beach Garden's new municipal complex and streets, i.e. for citizens as well as machines. I include a copy of Ray Suarez' recent (March/April 1998) article "The Ideal City" in Preservation, the publication of the National Trust for Historic Preservation. I'll quote a few passages for you, "...What people really want, our urban planners told us, is space. Elbow room. And Parking." He continued, "The idea of improving cities by making them look like suburbs should by now be considered a flop: Dallas hotels with prominent driveways and no apparent place to arrive by foot; office /retail complexes like the Renaissance Center in Detroit with no physical connection to its own downtown; the thinning out of St. Louis as part of a grand design only to end up with a row of pointless grassy lots." Not a bad article. I know "the Gardens" has a real challenge ... no downtown! Don't despair though. Please continue to make and keep those touches which connect us one to the other. Otherwise, we will enjoy little human connection which (in my view) only reinforces our lack of concern for our fellow Americans. Thank you and kindly pass my letter on to the City Council members. j or r ^ V letter2.wps/36 W e4 :d C: m N t7 —*141 TOO AS PON WAD, rl 13 W e4 :d C: m N t7 —*141 TOO AS PON WAD, W e4 :d C: m N t7 f °cw C m d � V L W. q'O d `o w .O o F Q � Ci w w n -o- n o � „ A ap w Q w � H N _ � s � d d O � i � p � s 7 O d C O O n N 3 ^S O n C .Q .� A O � 00 "Z N O va p k ro W O eD D. 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A [l �� a j ,- ^• -� � R —. �� � - 'r C a'� ' n ti ti w N k c 3° o' �- c`' i n? y� t y G1 C 4 ti 5 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: May 29, 1998 Subject/Agenda Item: Award of General Contractor bid for the Municipal Complex • construction project. Recommendation /Motion: To award to the lowest and qualified bidder: Suffolk Construction Company Reviewed by: Originating Dept.: City Attorney Finance Department Finance ( ] Approved — ACM [ ] Approved Wj cwditws Human Res. Advertised: Other Date: Funding Source: Paper: Submitted by: [ ] Not Required Paul Friedman, Affected parties Mgt. Administrator Approved by- [ x ] Notified City Manager' ] Not required Costs: $12,226,124.00 Council Action lacking any alternates Total ( ] Approved — $ ---- _ [ ] Approved Wj cwditws Current FY ( ] Denied Funding Source: [ ] Continued to: _ ( ] Operating Attachments: [ x ] Other Bond _ I/ Staff Report 2/ Est. Cost Summary Budget Acct.:: ( ] None BACKGROUND: The City advertised for general contractor firms to construct all components of the new municipal complex to include Gardens Park. As a result 10 bids were received. Evaluations were conducted by the construction management firm of O'Donnell, Naccarato and Mignogna as well as the MCAT Team. As a result of this process staff {MCAT} and the construction management firm { ON&M} recommend that the City accept and contract with the lowest and qualified bidder, Suffolk Construction Company for general construction services. Memorandum To: Bobbie H.erakovich, City Manager From: Pa Fr� min, Ntfnagement administrator Subject: Staff Report: Construction Award ( Municipal Complex Project j Enclosures: a) Estimated Cost Summary Date: May 29, 1998 The City advertised for general contractor firms to construct all aspects of the Municipal Complex project. The UP [Request for Proposal] was drafted in conjunction with guidance from the City Attorney, Finance Director, Architects Design Group, Inc., the construction management firm of O'Donnell, Naccarato and Mignogna as well as the MCAT Team. As a result of advertisements through the trade a total of 10 bids for this service was received. Prior to the bid process initiating, ON &M conducted a full estimate of the project to assist the City in formulating the process prior to the opening of the bids. On Tuesday, May 26, 1998 at 2:00 p.m. these sealed bids were opened and published in accordance with prescribed procedure by the Finance Director, Kent Olson. The base bids recieved are as follows: Suffolk Construction O'Connor & Taylor Collage Companies Hewett - Kier James B. Pirtle CR Klewin Callahan & Sons AFCO Constructors Danville - Findorff Weitz Company S 12,226,124.00 12,290,490.00 12,395,000.00 12,949,000.00 13,000,000.00 13,150,841.00 13,263,000.00 13,350,000-00 13,900,000.00 14,970,000.00 A comprehensive check of references on behalf of ON &M and a review session by members of the MCAT team yielded a staff recommendation that the low bidder receive this award. It is the MCAT and Construction Managers' recommendation that the general contractor award for this project be awarded to the low and qualified bidder, Suffolk Construction Company for abase bid of S 12,226,124.00 lacking the addition of any alternates. Alternates in conjunction with the low base bid would yield a total construction cost of $ 13,132,520.00 if all alternates were accepted as follows: Window Impact Glazing: Utilized on all buildings in lieu of hurricane shutters [ a staff intensive time element if in fact a storm or hurricane was forecast]. Also eliminates the need to store shutters. Plaza Fountain: A focal point element of the architectural design located in the plaza area. Tree Grates: Installed around the base of every tree in the plaza area to aid in watering and tree growth. Port' Cochere: This alternate allows the widening of this element to accommodate two way traffic rather than single way traffic. Landscaping Allows for full landscaping plan to be implemented at the time of construction. East and West Parking Lots: Allows for the construction of all parking lots at the time of construction for the entire project to include Gardens Park element. Aluminum Light Poles: These poles include concrete bases which offer more rigidity and higher wind loads. Cable Trays: Interior design element to accommodate telecommunications throughout all buildings. These trays are located in the ceiling areas and allow for easy access for all low voltage wiring which will serve phone, computer cabling and repair of same. Walkway Extension: A design element composed of paver bricks which extend from the plaza to Military Trail so that pedestrians can gain access to the Plaza area rather than walk to Burns Road entry to gain access to the complex. Netting: This netting would be used on all ball fields in Gardens Park. Installation would eliminate foul and errant balls hitting concession stands, walkways and parking lot areas. Please note that the original projected construction budget in June 1996 was $14,514,404.00 and the February 1998 budget construction budget estimate was $14,602,000.00. With these alternates the construction budget remains $1,469,480.00 below the original 1996 budget estimate as well as the February 1998 construction estimate. cc: file/mcat58 VISION Policies Pertaining to Connectivity of Sidewalks /Pathways Goal: To Create Linkages in the City Which Connect or Gather Residents and Business Owners of Different Neighborhoods and Developments into a Single Community and Which Provide a Sense of Community. Objective 2: To Create Pathway Linkages Throughout the City. Strategies: 1: Promote connection of neighborhoods, shopping, schools and parks through a sidewalk /pathway system. 2: Require the installation and expansion of the Parkway System in the City's developing areas. 3: Identify sidewalk /pathway needs in existing neighborhoods and plan/budget improvements. Goal: To Ensure Continuity and Travel Options Between Neighborhoods and Activity Centers. Objective 2: To Continue to Plan for Parkways, Pedestrian and Bicycle Facilities and Alternative Modes of Transportation. 1: Continue to promote the Conceptual Linkage Plan's requirements for Parkways, Pedestrian and Bicycle Facilities. 2: Continue to require new development to provide Parkway improvements and provide for pedestrian and bicycle access. Comp Plan Policies Pertaining to Connectivity of Sidewalks /Pathways (as being revised in the EAR -based amendments) Objective 2.1.7$.: The City shall encourage the use of public transit, bicycle, and pedestrian paths Ate ualive unuuvi 1,1 11 aiispo11a11Vu1 within City its boundaries and in conjunction with surrounding municipalities through use of the Parkway System and support of Palm Tran and Tri -Rail. Policy 2.1.7$.1.: The City shall continue to require uuvu6-ii al-LE, ayfrCvvai pioccss iilai new developments to construct bicycle and pedestrian ways within and on roadways adjacent to those developments and to identify future on -site centralized transit pick -up /drop -off points. Policy 2.1.7.8-.5.: The City shall continue to make iu tiatc a study 111 accuidancc .11111 V111,y L.l.A 11 '1 -` - - -- -- -- 1 --"1- -- I - -,- - ----- --',' - -- -f.L.. LV uG1G1111111G 111GU1VUJ Cll,u GVJ1.J 1V1 J,1V V 1u111� continuity between pedestrian paths in the older portions of the City a priority in the Capital Improvement Element. Policy 2.1.7.8 -.6.: The City shall continue to require tiuvug 1 tiic ucvciVYm%;ait appivvai pLU%,Va, T_J__i______/A T_a____ T____1_______ that parkway system improvements s aiiu 1 GuGJ111a11J�1.a1111G 11x11way as defined in the Future Land Use Element of this Comprehensive Plan, to be introduced into newly developed areas to incorporate have pedestrian ways iijLcwpvialGU 1111V 1116111. Policy 2.1.7_.$.7.: The City shall continue to require, uuvurll u116; uGVG1VP111G111 aFF"J 1 JJLV%1cM'01 that elements of the parkway system to connect to existing road facilities and iv pivpvZ-cu Fe uca«�a�li'1.:a`L1u� Tia��Way so that a continuous pedestrian system occurs. June 18, 1998 The Honorable Joseph Russo City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Re: Ordinance 13, 1998 (Noise Ordinance), Draft date - stamped June 11, 1998 Dear Mayor Russo: It's good to see the City Council and Staff concerned about updating Palm Beach Gardens Ordinances. Those of us who golf can certainly appreciate the need for equipment to begin daily maintenance before the first groups tee off. It stands to reason those homeownesewho purchased property adjacent to golf courses should be aware of the demands of keeping these courses in good shape for its members. I am in support of the change in the ordinance (Section 3, Sec. 34- 60) which addresses operation of golf course maintenance equipment prior to 7:00 a.m. Golfers also should be aware of the necessity of having warning sirens that announce the imminent danger of approaching foul weather. It would be in the best interests of the City of Palm Beach Gardens to include language in this ordinance which would mandate a type of warning device be present and operational on all public and private courses within the city, and that these devices would be exempt from any specific hours of operation. This action would protect not only our local citizenry, but also safeguard visitors to our City. I propose the following change in Sec. 34 -59 Construction Equipment: "Construction equipment may be operated in the actual construction of buildings and improvement of building sites within a residential district beginning at 7:00 am on any day from Monday through Friday, Saturdays after 8:00 am, notwithsanding any other provisions of this article, but shall be operated in compliance with any applicable performance standards set forth in this code." Residents of the City of Palm Beach Gardens should have the right to enjoy the peace and quiet of their residential neighborhoods, particularly on the weekends. These are the times we have the best opportunity to spend significant amounts of time enjoying our homes, and possibly enjoy a few extra hours of sleep. Please take this into consideration before finalizing Ordinance 13, 1998. Thank you for the opportunity to speak this evening. Joan Altwater cc: City Council Persons Bobbie Herakovich, City Manager Roxanne Manning, Growth Management Director 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 intergovernmental 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 I � � � -- � A %2 \ f E ! ffi � � = ■■!&a C, @i cs 2 a 2!!! ! a #aaRi)) ! = a f, � � it - E 2 ! E � 9�� A) ! ! CL 2 k CL » §) e2,! ! � ii �� ■I % k pa k � � a§ § s | ■ a ��| f E ! ffi 2 C, ` � %��� k © §) e2,! ! � fk§f % k pa k � � a§ § s | ■ a ��| 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'den- sity'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 iii Permit only neighborhood commercial uses in the study area. By November 1998, All Three Local a list of neighborhood commercial uses should be developed. Governments. Require new commercial uses to locate in the USAB, or Gardens LUSA, to ensure All Three Local clear separation between urban and rural uses and uses are served by public water Governments & sewer. Adopt timing and phasing requirements for new commercial development within the All Three Local study area boundaries. No new commercial uses shall be considered at this time. Governments Consider commercial designations at the following five year intervals: 2005, 2010, 2015. Limit any new commercial development within the USAB, after the year 2005, to All Three Local 85,000 square feet (cumulative). Governments Require commercial land use requests to be located in nodes. Strip commercial All Three Local development will be prohibited. At a minimum, frontage on Northlake should be Governments 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. By November 1998, develop design guidelines for any non - residential development All Three Local which located in the study area. Governments Utilize the Acreage Neighborhood Plan commercial criteria as a guide for buffering. All Three Local Governments Western Northlake Corridor Land Use Summary v Executive 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). PB County .& Upon request, amend the Institutional land use, north of the Menorah Gardens site, PB County to Low Residential, 1 unit per acre (IR -1). PB Gardens 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 Reexamine Northlake Boulevard to determine whether the planned expansion to I PB County I 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 I All Three Local planting, sidewalks and bikeways. Governments "By'November "I 998; adopt a trkparty interlocal-,agreement between`the County, ... — •AII 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 t 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 I. OVERVIEW A. INTRODUCTION ...... ............................... 1 B. PURPOSE OF THE STUDY ............................. 1 C. STUDY PARAMETERS .. ............................... 2 D. STUDY ORIGIN ....... ............................... 2 E. PROJECT LOCATION /BOUNDARIES ..................... 2 11. BACKGROUND DATAIINVENTORY 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 III. 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 ...... .................... .I.......... 11 6. PUBLICY OWNED CONSERVATION LAND ...................... 14 7. FUTURE LAND USES ....... ............................... 16 8. LINKED OPEN SPACE ...... ............................... 20 9. CITY OF PALM BEACH GARDENS' VIS10N1 ..................... 25 10. 2015 TRANSPORTATION PLAN ..... ......................... 29 11. UTILITIES..... 32 12. STUDY/ TRADE AREA BOUNDARIES ............................ 58 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 III. 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 (IPARC) 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). Martin County I v m c L 3 o_ m 0 S E U) )k 1" = 6 miles Map 1 General Location iu .a d m _E 10 Okeechobee a m I Belvede o Blvd. Gun Club IR, / umt FnrP'%tI5 I Rrl ld I V1 Q� Broward County E I I akal Wnrth Rrlarl 9 C d N I Lantana I I UTA , U s I 0 N I Hyooluxd I 1 . v C IGatewavp I I I LL I Boynton Beach Blid.' Q Woolbri ht Rd. N E ¢ ~ o f0 )'Ilanti Ave. 5I Linton Blind. 9 Clin Moore R J. E Yamato Fld.. / 0 Glad s Road Lalrrie% load Park (Road II 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. N a 4 OEM r is ;�� R.B. !R3 "• ur" Legend r}�� Palm Beech County I� I I City of West Pahn Beach North County General Aviation Facility QCity of Palm Beach Gardens GAF - General Aviation Facility 404* Project Boundary Map 2 Western Northlake Corridor Land Use Study Study Area e a ' Western Northlake Corridor 1 4 Land Use Study 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 District 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 WORD �1 C. • 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. Northern Palm Beach County Improvement District 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. 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. 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 5. C. • 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. Northern Palm Beach County Improvement District 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. 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. 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 a 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 8000 6000 4000 2000 0 1990 Figure 1 Population Projections 1997 2000 2005 2010 2015 71 Population 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. IC. 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 Vacanfi 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. Z 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 ��.. ;�,o 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. j 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. Repreation /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. Transportation /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 t" M/ I pill P /FA -- L. i, - '. T.U. 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 � e. Future Land Use Approx. Acrea 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 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 C. e. Commercial There is no commercial future land use designation within the project boundaries. However, 79,420 sq.ft. of commercial use has been approved as part of the Ibis Golf and County Club PUD. Two other recently approved commercial shopping centers are located: 1) at the intersection of Orange Boulevard and Seminole Pratt Whitney 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. 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. 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 has since been purchased by the County. County's 1972 Future Land Use Plan: At the time of the adoption of the original 1972 County Land Use Plan, the entire study area was unincorporated. The Plan designated a Light Industrial center generally known as the "Northlake Industrial Corridor". Some of the parcels along Northlake Boulevard within the study area retain industrial designations from this original land use plan. The County's 1989 Comprehensive Plan maintained the Northlake Industrial Corridor concept, and the Industrial potential designated in 1980, by assigning these properties an Industrial future land use designation. However, the corridor has since not developed as envisioned since, a majority of the corridor has been purchased for conservation purposes. County's 1980 Comprehensive Plan: The County's 1980 Comprehensive Plan granted the Very Low - Low (Residential) land use designation, with industrial potential, to these properties, which at the time remained in unincorporated County. In 1984, the County created a Limited Urban Service Area (LUSA) via Ordinance 84 -16. Portions of the Industrial corridor were located in the LUSA. The purpose of the LUSA was to allow for limited public water/ sewer service, to protect the Loxahatchee Slough and the West Palm Beach Water Catchment Area, by preventing septic system failures. Western Northlake Corridor Land Use Study 17 Generalized Future Land Uses Rural Residential Single Family Utilities Conservation Figure 2. Source: Palm Beach County, Palm Beach Gardens and West Palm Beach, 1998. f. Institutional and Public Facilities (INST) Institutional and Public Facilities are generally designated to reflect existing used. There are approximately 132 acres designated as institutional, which encompasses the largely undeveloped Menorah Gardens Cemetery and Crematorium. g. Transportation /Utilities Transportation /Utilities comprise approximately 880 acres. The County's North County Airport DRI occupies a majority of that acreage, approximately 870 acres on the Future Land Use Atlas. h. Recreation /Open Space The only recreation open space future land use designation in the study area is the 142 acre City of Palm Beach Gardens municipal golf course. No further expansion of this use is proposed for the future of this site, which extends along the north side of Northlake Boulevard for roughly a quarter mile just west of the conservation area. Western Northiake Corridor Land Use Study 18 i. Conservation There is a substantial amount of land designated Conservation on the County and City of Palm Beach Gardens Future Land Use Atlas'. A 1,559.6 acres conservation tract is located on the north side of Northlake Boulevard, generally north of the Industrially designated lands. A second conservation area is located in a triangular parcel along the south side of the Beeline Highway in the far northwest corner of the Gardens (730 acres). Approximately 303 acres of the Acreage's Unit 11 have been purchased by the 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. County 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 Northlake Boulevard. The County's planning horizon is 2015. In terms of Growth Management, the Comprehensive Plan provides for urban and rural intensities of development. Rural uses may be converted to urban densities /intensities through the Future Land Use Atlas Amendment process. The process includes an evaluation of the justification and need for the land use change, and compatibility review. The County has an Urban Service Area Boundary which is generally located along the western perimeter of the Ibis Golf and Country Club; north of Northlake Boulevard, the boundary veers west, following the city limits of Palm Beach Gardens to Donald Ross Road. This boundary delineates the separation between urban and rural service provision. Areas west of the boundary are generally served by on -site wells and septic tanks, unless other special service provisions have been approved (i.e., a package treatment plant). a. Greenways /Linked Open Space Program The County, cooperation eration with local, regional, and state agencies, has identified a P network of potential wildlife and recreational corridors (Greenways /Linked Open Space Program) which connect major public conservation areas in Palm Beach County with the Statewide system of greenways (see Map 8). These corridors provide for the preservation of wildlife and native habitat, as well as allow long- distance hiking through Western Northlake Corridor Land Use Study 19 �.2 f• : :gym 10713 2 � ...,2�-,PL, - 4- - �� \.���� \_� ». - � | _ _ . a �I! || | |!� !!�|.. . _ _ ' 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 approximately 3,405 acres connecting the J. W. Corbett Wildlife Management Area to the West Palm Beach Water Catchment Area. b. Recent amendment activity Amendment activity includes: 1) the proposed (and withdrawn) Ciaartje Amendment, located on the northwest comer of the intersection of Northlake Boulevard and Memorial ' Park Road; 2) the proposed (and in process) Northlake/ Memorial Amendment, 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 corner 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, including the Water Catchment Area, and the Ibis Golf and Country Club. The City's planning horizon is 2015. The City treats all of its incorporated territory as an "urban" area. The Ibis Golf and Country Club is fully ' served with potable water and sanitary sewer lines by the City's Utilities Department. As the area is outside of the City's adopted annexation area, the City currently does not have any specific future plans for the area. The City of West Palm Beach does not actively pursue annexation, but instead responds to applications concerning properties that are located adjacent to the City's Corporate limits. The City reviews all requests for annexation, as they are proposed, to determine which areas would be most feasible and economically beneficial to the City. The provision of utility services, police and fire are analyzed on a case -by -case basis. However, all development orders, permits and annexations shall be approved only if the necessary public facilities and services needed to maintain the level of service adopted in the Comprehensive Plan are available or will be in place when the impacts of development occur. 4. Peen Beach Gardens Future Land Use Plan The City of Palm Beach Gardens encompasses a majority of the study area, north of Northlake Boulevard. The City's's plans call for this area to remain rural, within the planning horizon which is 2015. The City's Comprehensive Plan designates urban and rural intensities of development. It also requires minimum project size (250) acres in order to promote well - planned development projects. Western Northlake Corridor Land Use Study 21 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 Loxahatchee Slough, which divides the City in to two distinct areas - urban and rural; 2) establish dual level of services standards for the urban vs. rural area; and 3) set clear policy that areas west of the urban growth boundary are to remain rural for the foreseeable future with limited public services. 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 Vision/ Strategic 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 County /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. The most significant differences between'the plans are: 1) the Urban Service Area Boundary between the County and Palm Beach Gardens, and the number of growth management tools encouraged by the Palm Beach Gardens Plan as opposed to the County Plan. Western Northlake Corridor 22 Land Use Study C) y ` c 'p > 2) w �. c N l0 t0 lA a) U) a) 'a > O r t0) C O Z O O Z 2 co a c/) >- ai a) U Q1 L C c a) 0) co co °D Q a Ev a U oC O a EL C U) v) O 0 c Z E OCL :"3 o f �'vi c cl) >— (DoE �'cn cn Qom O m o 0) o c C d <C c co O c a3 fo c C a cn cn D. C C L � N c c cL Y C N 'w ` to O c 0 °tea) o� c 0— N .. 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U`o03 .0 — cocncowcoc) UrnmcA° -aQ c 0 c N l0 t0 lA E co r _..: N N N Western Northlake Corridor Land Use Study 23 r- E co 0 i () m L a) N m E M ma, Ev t�- coo IL L) m Cco - - a- (D Western Northlake Corridor Land Use Study 23 E. ASSOCIATED PLANS There are several additional plans which contribute to land use planning and decision making in the study area. 1. North Palm Beach County/ South Martin Countv 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 ��. I 3. Acreage Neighborhood Plan The Acreage Neighborhood Plan was officially recognized and received by the Board of ' County Commissioners in 1996. It outlines in a series of recommendations the community's vision for the Indian Trails Improvement District. The following are general directions of the plan. 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 the Indian Trail Improvement District in the future land use amendment process, the rezoning process, and any other county function that affects the character of The 1 Acreage. This includes planning for schools. C. Code Enforcement The document contains recommendations which strike abalance between meeting the need for code enforcement and encouraging the tolerant atmosphere enjoyed by residents. d. Open Space, Parks and Linkages The plan calls for the establishment of trails which should be designed to accommodate multiple uses (walking, bicycling, running) and a district park to be located within or immediately adjacent to the community. e. Equestrian Uses The document recognizes the importance of equestrian facilities for the area and calls for an equestrian trail system according to an Acreage Master Equestrian Trail Development Plan that includes equestrian trail design standards. Western Northlake Corridor Land Use Study 3- f. a h. 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 local roads under county 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. Systems should be monitored to ensure protection. Fire Rescue The plan calls for the construction of a permanent fire - rescue station in the vicinity of Seminole -Pratt Whitney Road & Northlake Boulevard or at Seminole -Pratt Whitney & 60th Street. The goal is a coordinated strategy that results in five minute response times. M i. Public Safety The plan has a series of recommendations designed to decrease crime by: -- Creating a public safety education committee. -- Implementing citizen observer and equestrian patrol programs. -- Expand the three current Crime Watch programs. -- Create additional patrol zones. j. Education ' The plan recommends the establishment of schools in The Acreage. ' Western Northlake Corridor Land Use Study 27 F. INFRASTRUCTURE/SERVICES This Section outlines the existing conditions in terms of infrastructure and services, and also presents adopted plans for future infrastructure /services. A majority of the services and infrastructure is provided by one of the local governments; however, the Indian Trails Improvement District has jurisdiction over some of the local roads, drainage, and potentially water and sewer provision for the area south of Northlake Boulevard. The District has also been planning for additional parks within their jurisdiction. 1. Transportation /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 a Rural Major Collector according to the Federal Functional Classification System. LOS/Traffic Counts: The Level of Service on the roadway is F for the segment east of Coconut Blvd. and LOS B for the segment west of Coconut Blvd Current traffic counts on Northlake Boulevard are 16,902 for the segment east of Coconut Blvd. and 5,145 for the segment west of Coconut Blvd. Future Plans: Northlake Boulevard is planned for expansion to six lanes west to Coconut, and four lanes to the terminus at Seminole Pratt Whitney Road. According to the County's Five Year Road Program, the road segment between Ibis and Coconut Boulevard will be widened to four lanes during Fiscal Year 1999 -2000. The other improvements are not yet scheduled. b. Seminole Pratt Whitney Road: Seminole Pratt Whitney Road extends from Southern Boulevard on the south, to just north of Northlake Boulevard. Current Description: Seminole Pratt is currently a two 'lane roadway. Classification: The roadway is designated a Rural Major Collector according to the Federal Functional Classification System. Western Northlake Corridor Land Use Study 28 })] cv C ` {f �ƒ / \ 2 $� \ ■ }} . � � � � � ( �) \ S2. L LL co 29 LOS /Counts: The Level of Service on the roadway is currently LOS B. Traffic counts on the road are 6,987. ' Future Plans; Future Plans call for the road to be widened to 4 lanes. According to 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 design for the ' widening of the road segment to the north of Northlake will be done during Fiscal Year 2000 -2001. C. Beeline Highway: Beeline Highway begins at Military Trail on the southeast and extends through the Martin County line on the northwest. Current Description: 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. d. 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 roadway is designated a Rural Major Collector according to the Federal Functional Classification System. LOS/Traffic Counts: The Level of Service on the roadway is currently LOS C. Traffic counts on the road are 8,554. Future Plans: The 2015 Future Roadway Network Map shows this road as a 2 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. e. SR -7 (US -441) Extension: At this time there are several alignments being considered for the extension of SR -7. The Florida Department of Transportation (FDOT) is currently evaluating the different alternatives. 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 /Southern 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 1 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 Mill ► ������������ r`�42 F% HqqN tg „HH,�HH�r��R��;HNNH�HIIIIi o ti to = NNN� Ilk loll M= m 32 r`�42 F% HqqN tg o ti to 32 r`�42 F% C. 4. a. 14 C. 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 Sheriff's Department provides limited patrolling of the area, and utilizes a reactive approach. 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. West Palm Beach Fire /rescue service is provided by Palm Beach County's Station #26 located at Jog Road and the Beeline Highway. Parks and Recreation Palm Beach County There are no County parks planned within the study area. 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. West Palm Beach The City of West Palm Beach has no plans for parks or recreational facilties within the study area boundaries. 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. QUESTI ©N GENERAL RESPONSE 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°x6 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°x6 Build a house purchase property in this area? 05°x6 Ibis Development 04°x6 Investment 04% Other Question #3. Population projections 43°x6 Minimal Growth (primarily residential) is acceptable, as long as it indicate that some growth will is planned. continue in the study area, primarily 14% Traffic needs to be addressed before more growth. in the sourthem portion of the area. 14% Rural growth is acceptable, no additional urban development What is your opinion regarding (commercialAndustrial) additional growth and development? 12% No additional growth 07°x6 Growth is acceptable 10% Other (address schools, try to slow growth down) Western Northlake Corridor Land Use Study 34 QUESTION Question #4. There is environmentally sensitive land within the study area. How can additional growth be accommodated while ensuring the protection of the environment? Question #5. How important is maintaining the rural character of the area? Should we develop design guidelines? Question #6. Industrial land uses are present within the study area. Do you support maintaining these industrial land uses? 19% 17% 15% 06% 07% 36% GENERAL RESPONSE Limit growth and keep low densities Depend upon current restrictions, enforce regulations Do not allow additional growth Request additional buffering Do not allow commercial or industrial Other (not possible, clustering, better drainage, purchase land) 95% Top priority, very important 04°x6 Very important, but would like additional commercial 01% Clustering may be better than large subdivisions 72% No, do not allow these uses. 13 % Limited industrial is ok, should be monitored, clean industry. 10% Industrial is acceptable. 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 o 43 r6 urban development coming Growth Pressures, changing lifestyle, p 9 are the two biggest issues facing the into the rural area. ' study area? 32°x6 Traffic congestion, need more easttwest roads (SR -7, Seminole Pratt to the Beeline) 15°x6 Pressure fog non - residential uses, commercial & industrial 02% Taxes, money going east ' 08% Other (schools, industrial, services, building /environment) Question #9. How can these 30°x6 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°x6 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°x6 Maintain rural character, equestrian character. your ideas for the future of the study 10°x6 Increase parks and schools, services that keep pace with ' area. What are your goals or future development visions for this area? 10°x6 Monitor growth and plan development 09% Increased accessibility (441 to Beeline, Seminole Pratt to Beeline Widen Northlake) ' 06% Keep the area as natural as possible 22°x6 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. Analysis 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 (LUSH) 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. Summary/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 FLUX 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. 7 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 I1 Figure 3 PALM BEACH GARDENS �o �U RR -10 a w1 ^15rul w arc 151 vn INST Cambell IND MacArthur IND 1� 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. $ummary/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 FLUXs 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 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. $ummary/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 FLUXs 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 RRA 0 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: Urban 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 burns, 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, he Gardens Visioning Plan calls for the amalgamation of 250 acres of residential Y, 9 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 U) C: (i O The IN Acreage RR-10 m 6 NORTHLAKE BLVD HAMLIN'BLYD Indian Trail Improvement District Bay Hill Rustic to Estates Lakes The Acreage 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 (IR -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 adjacent to 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 twith 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 1 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. Analysis 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. t5 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 .3'S ,FAR, then the potential t 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 .3'5 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 AssessmentlCompatibility: 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 tin 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) IE. INSTITUTIONAUPUBLIC 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 50 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) I 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 8Billy Graham Parkway/Tyvola Road Extension, Special Project Plan, Charlotte City Council and Mecklenburg Board of County Commissioners, May 1985. Western Northlake Corridor 51 Land Use Study 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. Summary /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 Inaut 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. (PB County, City of P Gardens, City of WPB) June 11, 1998 J:IPLANOLDW LAM_LW2EPORTIFINALRPT.609 Western Northlake Corridor Land Use Study 53 V. APPENDICES APPENDIX A PUBLIC MEETING ISSUE SUMMARY.................. 55 APPENDIX B MAP 12, STUDY AREAITRADE AREA ..................58 APPENDIX C DWELLING UNIT ESTIMATES /PROJECTIONS FOR MARKET AREA ....... .............:...............59 APPENDIX D MARKET NEEDS ANALYSIS ..........................60 Western Northtake Corridor Land Use Study 54 APPENDIX A PUBLIC MEETING ISSUE SUMMARY Traffic/ Roadways Roadway Widenings: Will Northlake Blvd. and Seminole Pratt Whitney Rd be widened/ extended? When will this occur? Can this occur sooner? Can we prevent Seminole Pratt Whitney from connecting to the Beeline? Truck traffic on Northlake Increased traffic The need for an east/west road - we need more east/west and north /south roads US 441/ State Road 7 Alignment Study/ Construction: Consider the impacts on the ESLs and residences Funding for road widening The study is incorporating existing plans. Northlake Boulevard (six lanes) to Coconut is in the County's Five Year Plan. Northlake beyond Coconut (four lanes) and Seminole Pratt Whitney are in the County's 2015 Plan, but are not programmed at this time. No Contact the Sheriff's Department, 776 -2000, if the trucks are speeding. The study is trying to prevent fu flow. For example, the study is Northlake Boulevard in order to Traffic Engineering, 684 -4030, 1 No, the study is not contemplating additional roads. No No rther degradation of traffic looking at limiting access onto maintain traffic flow. Contact or more information. Roads are planned based upon the predicted number of daily trips. Contact Traffic Engineering, 684 -4030, for more information. However, the study is contemplating maintaining good traffic flow on Northlake. This issue is being considered by the Florida Department of Transportation (FDOT) through their planning process. Contact FDOT, 954 - 777 -4601, for updates. Roadway improvement dollars are allocated annually by the BCC. Contact Traffic Engineering, 684 -4030, for more information. Western Northlake Corridor Land Use Study 55 :>< : » >:: >:: >: >:: »::E:E %:i:i:i;: »:: ":_: > ::: >s3is » ?<':: ? >::35 »::ii•,`:i ::::; .: < ::::<: .. - °: >E: >:> :<` i° >: ::: » <.<:: ::<::<fE >;:< . .. < ° :..::i€ <:. °° . ` . ;. ;:;: Impact of widening the The recommendations will consider the impact of roadway roadways, ie Seminole Pratt improvements on proposed uses. Some of the design I (noise, etc) features being considered are specifically intended to address the impacts of the improvement on adjacent properties. ' Infrastructure The study is proposing to maintain lot'sizes which area 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 septic tanks services within the Rural Service Area. 1 I Water and sewer extensions Properties within the Urban Service Area should receive ' urban levels of service while properties outside the Urban proposed at this time. Service Area (ie the Acreage) should not receive urban levels No change proposed at this time. A drainage plan, approved of service. This recommendation addresses the objective of ' better defining the difference between Urban and Rural uses. 4 I Increased population and Separation of urban and rural uses and densities is being impacts/ need for services (ie maintained. ' fire rescue, police) I 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: I 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 I i 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 is ......... .... ........... X. K_-X. 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 - 803.1. 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 1� 1 1 Map 12 Western Northlake Corridor < <� Trade /Market Area Study Area Boundaries 58 Land Use Study s �26 e. 6• APPENDIX 'C INorthlake Study: Dwelling Unit Estimates and Projections for Market Area TAZ 1990 1997 1998 1999 0794 20 37 38 40 0799 0 0 0 0 169 3,910 4,916 4,917 4,917 '0800 0801 0 0 1. 2 0802 0 88 96 106 0824 0 0 4 15 392 0 0 1 3 '0825 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 0 46 612 696 777 '1069 1070 7 197 220 241 1071 8 218 243 266 1072 10 224 248 268 389 4 203 227 248 '1073 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 Source:PBC Planning Division, Disaggregation Model May 1998 IWestern Northlake Corridor ■ 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% Land Use Study 59 APPENDIX D MEMO To: Kathy Girard From: Meg Smith ''%'7 L -( r 6 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. Methodoloay. 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 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 Comparina 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 6 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. 1 Western Northlake Corridor 62 Land Use Study 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 Comparina 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 6 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. 1 Western Northlake Corridor 62 Land Use Study ' 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 III. Square foot demand estimates for neighborhood office commercial 3 mile 5 mile corridor Estimates using 150 and 200 square foot per emplovee 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 63 150 200 150 200 150 200 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. ' Comparing 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. IWestern Northlake Corridor 64 Land Use Study INDUSTRIAL: There is very little built and approved but unbuilt industrial in the corridor area labeled industrial on the Future Land Use Map. Approximately 6% of the potential industrial ' land has been either approved or built to date. Roughly 463 acres vacant uncommitted industrial acreage exists in the corridor area, which could be developed as industrial. ' The fact that this amount of land designated for industrial has not been developed may indicate that there is no pressing need for additional industrial to be built at this time in this place. Other factors may influence the need for industrial: location, ' timing, drainage, etc. As an example of another factor, the January 1998 study prepared for the Business Development Board of Palm Beach County Inc., by the Center for Economic Competitiveness, SRI International, found that: "The vast ' majority of business people interviewed by SRI on this project stated that they had significant difficulties finding qualified employees in Palm Beach County due to the lack of skills in the pool of local graduates." Traditional demand calculations are sometimes based on absorption rates, but these may not give meaningful results in Palm Beach County. Given the lack of new industrial building /sales for building industrial over the past decade, extremely low demand, flat projections would result. Sales that have occurred have not, by and large, resulted in new industrial buildings, and therefore may not be corresponding to market demand but rather may suggest speculative purchases. Ron Berger, an expert in industrial real estate, was suggested by the National Association of Industrial Office Properties as a possible information source on this issue. Given the lackluster building of new industrial buildings and subsequent occupancy in Palm Beach County, Mr. Berger made a number of suggestions, including suggesting looking at a population /warehouse ratio. However, since industrial includes warehouse and office parks, a broader category of populationrindustrial land usage was sought. Population /industrial land usage ratios for Dade and Broward were not available, but existing population /industrial land usage ratios were available for the Boynton and Delray areas, and therefore were used. The 463 acres of vacant, uncommitted industrial is compared to actual built industrial in Boynton Beach (including built portions of Quantum Park) and Delray Beach. These communities were chosen because their populations are about 50,000 each, which roughly corresponds to the population projected in the corridor area by the year 2015. If these existing populations needs for industrial are being met by existing industrial, then they may be used as standards for comparison. Boynton Beach and Delray Beach have approximately 2,785,595 square feet and 2,310,373 square feet respectively of built industrial. If the vacant, uncommitted industrial in the corridor is developed at a .30 FAR, which is more common but lower than the maximum required, approximately 213 acres would be needed to yield the equivalent amount of built industrial space in Boynton Beach. If the vacant, uncommitted industrial in the corridor is developed at .45 FAR, the maximum required, approximately 142 acres would be required to yield the equivalent built industrial space in Boynton Beach. Western Northlake Corridor Land Use Study 65 1 ' 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. 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