Loading...
HomeMy WebLinkAboutAgenda Council Agenda 010898CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JANUARY 8, 1998 The January 8, 1998, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:37 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 following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilwoman Linda Monroe and Councilman David Clark. Councilman Eric Jablin was not in attendance due to an illness. ITEMS BY MAYOR AND CITY COUNCIL Mayor Russo Mayor Russo stated that Resolution 2, 1998, site plan approval for NorthMil Plaza would be postponed until the January 22, 1998, Regular Meeting to afford time to the sound engineer to provide needed information to staff and Council. CITY MANAGER REPORT Tennis Facilities City Manager Herakovich stated that there were a number of City tennis facility members in the audience tonight wanting to know the future of the tennis courts once the new municipal complex construction began. The following members addressed the City Council asking for long range planning and information on specific plans for a tennis facility: Anna Gundlach, 8779 Citation Drive, Palm Beach Gardens Sandy Gottlieb, 33 Dunbar Road, Palm Beach Gardens Lauren Sachs, 10116 Hunt Club Lane, Palm Beach Gardens Donna Steadman, 16 Lost Bridge Drive, Palm Beach Gardens Rick Ward, 164 Oakwood Lane, Palm Beach Gardens Residents were informed that a formal presentation of options for a future'tennis facility would be made before the City Council at the January 22, 1998, Regular Meeting. It was further decided that a committee would be formed to research future tennis facility options available to the City. Mayor Russo stated that he would CITY COUNCIL REGULAR MEETING, 1/8/98 Vice Mayor Furtado Construction Manager Contract ITEMS BY MAYOR AND CITY COUNCIL 2 attend a meeting at 10:00 a.m. on Tuesday, January 13, 1998, at the Burns Road Community Center to discuss concerns of tennis members. Staff was directed to meet with the MacArthur Foundation regarding possible sites for a tennis facility. Vice Mayor Furtado left the meeting at 8:30 P.M. City Manager Herakovich reported that the City's annual Country Western Hoe Down would be on Friday, January 16, 1998, from 6:00 - 10:00 p.m.; a meeting of the FEC Corridor Redevelopment Committee would be held on January 20, 1998; and on January 24, 1998, the Fire Department and City youth would participate in the Riviera Beach Dr. Martin Luther King, Jr., parade. Councilman Clark made a motion, seconded by Councilwoman Monroe to approve an amendment to the contract awarded to O'Donnell, Naccarato, and Mignogna to increase scope of services for construction management services for the new municipal complex project. The motion was unanimously carried. Councilwoman Monroe Councilwoman Monroe expressed her disappointment with the City sign that was experimentally erected on PGA Boulevard at Fairway Drive. The remainder of the Council agreed and felt that the sign needed to be either reworked or a completely new design was needed. Councilwoman Monroe reported on the task force regarding the Equestrian Community and stated she would attend the meetings and report back to Council in the future. Mayor Russo Mayor Russo reported on a meeting of the North County Economic Advisory Group. Councilman Clark Councilman Clark reported on a meeting of the Beautification and Environmental Committee. CONSENT AGENDA Councilman Clark made a motion, seconded by Councilwoman Monroe, to approve the Consent Agenda. The motion unanimously carried, and the following items were approved on the CITY COUNCIL REGULAR MEETING, 1/8/98 3 Consent Agenda: 1. Approval of 12/18/97 City Council Regular Meeting Minutes 2. Proclaiming 1/11 -17/98 as Occupational License Officials Week. PUBLIC HEARINGS Ordinance 42, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 12/24/97 and held on the intent of Ordinance 42, 1997, providing for amendment of Division 3 of Chapter 118 ( "Zoning "), entitled "Parking and Storage of Commercial Vehicles, Boats, Buses, Trailers and Trucks ", by amending the title, by amending the definitions, by repealing definitions in conflict, by amending the restrictions and exceptions, by establishing a waiver provision; and by establishing an enforcement provision. Betty Petruzzi Betty Petm77i, 4383 Bamboo Drive, addressed the City Council expressing her displeasure with the proposed Ordinance. Linda Hughey Linda Hughey, Reed Drive, addressed the City Council with several questions regarding the proposed ordinance and stated her frustration with the procedures used to accomplish the ordinance. There being no further comments from the public, Mayor Russo declared the Public Hearing closed. At the direction of the City Council, the following amendments were made to Ordinance 42, 1997: Page 2, definition of Commercial Vehicle, 3rd line, after the word "having" insert "more than two rear tires or "; Page 4, at the end of Sec. 118 -509, add paragraph (h) to read: "A restricted vehicle which is parked or stored on the side or rear yard of a lot, provided it is parked within the conditions set forth in Sec. 118- 510. "; Page 4, Sec. 118 -510© 6th line the words "hedge planting" were deleted and replaced with the word "vegetation "; Page 4, Sec. 118 -510© 9th line, the words "hedge materials" were deleted and the word "vegetation" was inserted in its place; Page 5, Sec. 118 -511 (a) was deleted in its entirety; Page 5, Sec. 118 -511, (b)3 the date April 1, 1998, was changed to May 15, 1998; Page 5, (b)5, end of second line, the word "regarding" was deleted and replaced with the word "prohibiting" and Page 6, Sec. 118- 511(c)(4) was amended to read CITY COUNCIL REGULAR MEETING, 1/8/98 4 "If the owner moves to a different location in a residential district in the city, registration of a ry or watercraft may not be maintained at the new location". Councilwoman Monroe made motion to approve the amendments to Ordinance 42, 1997. The motion was seconded by Councilman Clark and unanimously carried. Councilwoman Monroe made a motion, seconded by Councilman Clark, to adopt Ordinance 42, 1997, and to place it on second and final reading by title only. The motion was unanimously carried, and the City Clerk read Ordinance 42, 1997, by title only, on second and final reading. Ordinance 55, 1997 Mayor Russo declared the public hearing open, which was duly advertised 12/24/97 and held on the intent of Ordinance 55, 1997, providing an amendment to the Palm Beach Gardens Code of Ordinances by amending Sections 10 -51, 10 -52, 10 -53, 10 -101, 78- 2 and 118 -302 (Adult Uses). There being no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to adopt the amendment to Ordinance 55, 1997, as outlined by staff. The motion was seconded by Councilwoman Monroe and unanimously carried. Councilman Clark made a motion to adopt Ordinance 55, 1997, and to place it on second and final reading, by title only. Councilwoman Monroe seconded the motion, which unanimously carried. The City Clerk read Ordinance 55, 1997, by title only, on second and final reading. RESOLUTIONS: Resolution 137, 1997 Councilman Clark made a motion to adopt Resolution 137, 1997, appointing two members to the Neighborhood Initiative Task Force, by inserting the names Ronnye Sands and Jerry Seddon in the blanks. Councilwoman Monroe seconded the motion, which unanimously carried. Resolution 1, 1998 Councilman Clark made a motion, seconded by Councilwoman Monroe, to adopt Resolution 1, 1998, appointing an alternate member to the Planning and Zoning Commission, by inserting the name Dennis M. Soloman. The motion was unanimously carried. CITY COUNCIL REGULAR MEETING, 1/8/98 Resolution 4, 1998 Councilman Clark made a motion, seconded by Councilwoman Monroe, to adopt Resolution 4, 1998, repealing Resolution 142, 1997, which approved the Plat of Nature's Hideaway and approving a revised Plat for Nature's Hideaway. The motion was unanimously carried. 5 Resolution 5, 1997 Councilwoman Monroe made a motion, seconded by Councilman Clark, to adopt Resolution 5, 1998, renaming Gibson Road to Hunt Club Drive. The motion unanimously carried. Resolution 6, 1998 Councilwoman Monroe made a motion, seconded by Councilman Clark, to adopt Resolution 6, 1998, approving a site plan for BallenIsles Pod 25B, Arbor Chase entry. The motion unanimously carried. ORDINANCES: Ordinance 24, 1997 ITEMS FOR COUNCIL ACTION Mayor Russo read a letter into the record from Cliff Hertz and Jeff Sluggett of Omnipoint and Nextel, respectively, regarding the proposed Communication Towers ordinance. Councilman Clark made a motion, seconded by Councilwoman Monroe, to place Ordinance 24, 1997, on first reading, by title only. The motion was unanimously carried. The City Clerk read Ordinance 24, 1997, by title only, on first reading. RCA Boulevard Drainage Councilwoman Monroe made a motion, seconded by Councilman Clark, to approve the disbursement of funds for the City's share of the RCA Boulevard Drainage Improvements. The motion was unanimously carried. ITEMS FOR DISCUSSION CLUP - Transportation Kim Glas, Principal Planner, reviewed the proposed Transportation Element for the City's Comprehensive Land Use Plan, and outlined the major changes. It was the consensus of the City Council that Northlake Boulevard not be included in the Comprehensive Plan and that the City should adopt a City Thoroughfare Plan. Mrs. Glas stated that some of the recommendations being made by the Neighborhood Initiative Task Force would have to be discussed and would require some policy decisions from the City Council. CITY COUNCIL REGULAR MEETING, 1/8/98 6 Some of these ideas would be discussed at a special meeting with the task force on January 22, 1998, at 6:30 P.M. Mrs. Glas stated that at the next regular meeting of the City Council she would present the Capital Improvement Element of the Comprehensive Plan. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 10:35 p.m. APPROVAL MAYOR JOSEPH R.RUSSO VICE MAYOR LAUREN FURTADO COUNCILWOMAN LINDA MONROE COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK ATTEST: LINDA V. KOSIER, CMC, CITY CLERK PETITION We, the undersigned, concerned residents of Palm Beach Gardens, urge our City Council to immediately address -the need to define a plan of action to provide for an adequate Tennis Clay Court Facility within a specific time frame, and to provide for an adequate clay court facility on an interim basis if a permanent location cannot be achieved prior to demolition of the existing tennis courts.- We also urge you to thoroughly study the option of including the tennis facility in this complex is not feasible, a solution should be made to provide a new clay court facility prior to demolition of the existing one. The tennis facility is a valuabl asset to our neighborhood and community. It is an integral part' of our outstanding recreational program and has enabled us to develop into a highly competitive tennis organization. We are counting on your support to provide a new tennis facility that will allow for continuous use for this program. Your careful consideration of this need will allow our City to maintain its level of tennis excellence. NAME ADDRESS 33 Vl-;� /42 -h A10 I 44JA11 iTzrL/ ndze.;, A a '00 Ile PA a- ti di I 0 01 qlACAA� ITALA r� ecl- /e-: IC6- FAG --s3qlK rN Almv W. -5,5wr A s6Frwe?-n,5 -- K , LI 6q I q-0 5002 no PETITION We, the undersigned, concerned residents of Palm Beach Gardens, urge our City Council to immediately address the need to define a plan of action to provide for an adequate Tennis Clay Court Facility within a specific time frame, and to provide for an adequate clay court facility on an interim basis if a permanent location cannot be achieved prior to demolition of the existing tennis courts. We also urge you to thoroughly study the option of including the tennis facility in some area of the master plan for the Municipal Complex. If locating the tennis facility in this complex is not - feasible, a solution should be made to provide a new clay court facility prior to demolition of the existing one. The tennis facility is a valuable asset to our neighborhood and community. It is an integral part of our outstanding recreational program and has enabled us to develop into a highly competitive tennis organization. We -are counting on your support to provide a new tennis facility that will allow for continuous use for this program. Your careful consideration of this need will allow our City to maintain its level of tennis excellence. Name 401 �.' AMU V Address 91-g 9 121t27 (1, 7 t� " VA 3340 1695 jgwry, 372Ys 6 X53 «' Q.,-6t- .,D I U v v C/- 10F - .. o. oi7 , ►MCV f/ - N4 II6�o�,/�'n�S. 0< C �� 4 3,3 1 A41,4 . )zl-, s: fffn -? cc coq TL8x 012. � N 1367 lob 404 V /�� ��g� —W Tf l 1 r/(. f`a e-x 7- PETITION / \) We, the undersigned, concerned residents of Palm Beach Gardens, urge our City Council to immediately address the need to define a plan of action to provide for an adequate Tennis Clay Court Facility within a specific time frame, and to provide for an adequate clay court facility on an interim basis if a permanent location cannot be achieved prior to demolition of the existing tennis courts. We also urge you to thoroughly study the option of including the tennis facility in some area of the master plan for the Municipal Complex. If locating the tennis facility in this complex is not feasible, a solution should be made to provide a new clay court facility prior to demolition of the existing one. The tennis facility is a valuable asset to our neighborhood and community. It is an integral part of our outstanding recreational program and has enabled us to develop into a highly competitive tennis organization. We are counting on your support to provide a new tennis facility that will allow for continuous use for this program. Your careful consideration of this need will allow our City to maintain its level of tennis excellence. - - - -- I . ame - %i — - - Address Co r 0 s'32ti i� J CT rco PSG 33Y/8 V Lzz Ai 6, A-k i T A. TEE" Aa T ('7 _ weak b /3i . 6 99 64� 33 yL,6 83 Y/6 Vto N � • `. - . 1. r4tl — PETITION We, the undersigned, concerned residents of Palm Beach Gardens, urge our City Council to immediately address the need to define a plan of action to provide for.an adequate Tennis Clay Court Facility within a specific time frame, and to provide for an adequate clay court facility on an interim basis if a permanent location cannot be achieved prior to demolition of the existing tennis courts. We also urge you to thoroughly study the option of including the tennis facility in some area of the master plan for the Municipal Complex. If locating the tennis facility in this complex is not feasible, a solution should be made to provide a new clay court facility prior to demolition of the existing one. The tennis facility is a valuable asset to our neighborhood and community. It is an integral part of our outstanding recreational program and has enabled us to develop into a highly competitive ten m-'s organization -We are counting on your-support to. provide a. new-tennis facility that will allow for continuous use for this program. Your careful consideration of this need will allow our City to maintain its level of tennis excellence. Nome Address 1(0:)Ljq plalilolla& 4�6 33418' M(L1(1Vj()rd Lom - PFIA 16) Y3 Zaku G rA IM, 3 q �4 D 2. CL L PETITION We, the undersigned, concerned residents of Palm Beach Gardens, urge.our City Council to immediately address the need to define a plan of action to provide for an adequate Tennis Clay Court Facility within a specific time frame, and to provide for an adequate clay court facility on an interim basis if a permanent location cannot be achieved prior to demolition of the existing tennis courts. We also urge you to thoroughly study the option of including the tennis facility in some area of the master plan for the Municipal Complex. If locating the tennis facility in this complex is not feasible, a solution should be made to provide a new clay court facility prior to demolition of the existing one. The tennis facility is a valuable asset to our neighborhood and community. It is an integral part of our outstanding recreational program and has enabled us to develop into a highly competitive tennis organization. We are counting on your support to provide a new tennis facility that will allow for continuous use for this nroaram. Your careful consideration of this need will allow our City to maintain its level of tennis excellence. nName „ - - 8 Ir ,7-7aa Tnj �n #Jru �/J l,�r� d o (/a 4 ►��'� o,r o Address - _ - ZIV I -S'3 b� / 2Z6 ► t 2 LQn a q01-B J/I13,+L RlD6C-- Cl� h 6 A. 41e west 3 �. VC- 13 RJ3 PR.ry Tokias ZL) 1vIr,14 ?20-8 Cflv27- 93 & 14' h4- .Z'- faaa'& CQ Lae ,- . 7q PS 6- P'� G- &U/Lvv o S P f) 3-5 Aga CT, hd-CIA- iced4t�yl /001 ;3 Pt IA r ct* '7 o TO J5 dt C CLFS, A 6,9 PETITION ( -2-, -1 ) We, the undersigned, concerned residents of Palm Beach Gardens, urge.our City Council to immediately address the need to define a plan of action to provide for an adequate Tennis Clay Court Facility within a specific time frame, and to provide for an adequate clay court facility on an interim basis if a permanent location cannot be achieved prior to demolition of the existing tennis courts. We also urge you to thoroughly study the option of including the tennis facility in some area of the master plan for the Municipal Complex. If locating the tennis facility in this complex is not feasible, a solution should be made to provide a new clay court facility prior to demolition of the existing one. The tennis facility is a valuable asset to our neighborhood and community. It is an integral part of our outstanding recreational program and has enabled us to develop into a highly competitive tennis organization. We are counting on your support to provide a new tennis facility that will allow for continuous use for this program. Your careful consideration of this need will allow our City to maintain its level of tennis excellence. ame - Adiress YO Awiv - 3.3y . )i) -73a G , AA4, . IC 9 //0 % 3,3q77 Jo !1 ti Al _ O) Ll P88 gin , f r v osl` /RACE lll, % f a(d �iae (Iir/� ,of hvvz c_el t��,cLe /�5 A ro r West �W e1��Lu IV I i —1 AM, J T ,. s95 , (,P(90'1 ?� 1 ` L'- Y't n v-, ✓'l. /2� �� h�i'd� ",P- f I' rc. !� P.l /1 IA 11InIAv,Yl. f1 In XN!Ur'%Kr(: r(hl (C d_ �1 "flrt`l a PETITION 16 We, the undersigned, concerned residents of Palm Beach Gardens, urge our City Council to immediately address the need to define a plan of action to provide for an adequate Tennis Clay Court Facility within a specific time frame, and to provide for an adequate clay court facility on an, interim basis if a permanent location cannot be achieved prior to demolition of the existing tennis courts. We also urge you to thoroughly study the option of including the tennis facility in this complex is not feasible, a solution should be made to provide a new clay court facility prior to demolition of the existing one. The tennis facility is a valuable asset to our neighborhood and community. It is an integral part of our outstanding recreational program and has enabled us to develop into a highly competitive tennis organization. We are counting on your support to provide a new tennis facility that will allow for continuous use for this program. Your careful consideration of this need will allow our City to maintain its level of tennis excellence. �a NP ADDRESS- r7/ I .� �s�- -- . v pzz� - 57-S -) �&,Je (,cwt. P 8 �� C r /Y6 v /� `r `i � / �., : ��� 3.� �� �. ��G l ��� �' a f r .; CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: December 29, 1997 Subject/Agenda Item: Workshop - Capital Improvements Element draft Recommendation /Motion: Reviewed by: Originating Dept.: Costs: $_0 Council Action: Total City Attorney N/A [ ] Approved Finance $ 0 [ ] Approved w/ conditions Fi Current FY Polic*eF [ ] Denied Pks & Rec .� Funding Source: [ ] Continued to: Advertised: ACM Attachments: Human Res. N/A Date: [ ] Operating [ ] Other N/A Other N/A Paper: Draft Element and [ x ] Not Required Support Documents Submitted by: Growth Mgt. Director J�Te-cted parties [ ]Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: Attached is a draft of the Capital Improvements Element. Changes include: • updates to level of service standards, including a dual level of service approach; and • the 9J -5 required analysis of 'capital needs' based on the established level of service standards CAPITAL IMPROVEMENTS ELEMENT Goel$, Objectives and Policies GOAL 9.1.: PALM BEACH GARDENS SHALL UNDERTAKE ACTIONS NECESSARY TO ADEQUATELY PROVIDE NEEDED PUBLIC FACILITIES TO ALL RESIDENTS WITHIN ITS JURISDICTION SO AS TO PROTECT INVESTMENTS IN EXISTING FACILITIES, MAXIMIZE THE USE OF EXISTING FACILITIES, AND PROMOTE ORDERLY, COMPACT DEVELOPMENT. Objective 9.1.1.: The City of Palm Beach Gardens shall use the Capital Improvements Element of this Comprehensive Plan as a means to ensure the construction of Capital Facilities, necessarily to accommodate desired growth with the Future Land Use Element, and to replace obsolete or worn out Facilities. Policy 9.1.1.1.: The City shall include all project$ over $50,000 for the renewal and replacement of capital facilities identified in the other elements of this Plan F1_J111Jwilly % ie adDpLivll of %.lip -- ,� �, -- \.VlII�JLC11C11.71VC r1Ct11, 1.11C 1.1 l.y .711 GLL1 l_:V11.7 U11. 1. 11C l..l l.Y •.5 l..Gll 1..0.1 1lll&L V V CL1lClll_5 E1 ClllC 111. PL 1VL 1..V 1_11C Cx Pt,Jt V V CLl V1 Qlly I. CL JJ L L_CL1 1lLLIJt VVCIIICllL L111CL111: 111y VL VVCL y?JV, VVV 1111. C11uCU l.V c=Z'Pcll" V1 LCNlaL:C cGL J'Lal fco-iliL=.ies and shall review said n_ rolects during the preparation of the annual budget. Tot ��� n 1 1 11 T�_1 __�� .�__ -g���� �.� tea___ T.V J..& Cy J•i•i•f.• 111\..LU\.lG t./1 Vy10.111.7 0.111A Stu` 11GVG.7 .70.1y VV llllpleme.11. IDuJ 1C.7 W1L.11111 1.11= VCLL IIJ U 1ClllCII L_ VL L.11C 'l-le L.VLuVL C11C11A1 V C Plan in 111CbC L.J L kJ y 1. CL L L L.7 C111U .7. L.. U111 C.7 11CL 11 LJC &L 1VL_L _L LA LJCL.7C11 lJll .7tJC1. 111=11 1. QL yG L. _ __ - _ , _ _ �,_ _,_ LA l.C.7 LI 1 1.. IDLLIJ11 C 1. 1 V11, 1.11C GLV Q_L _L J_L_L_L r r__ _ �,_ _ V1. LCVCIIUC 1..V J_ 1.11CAC i _ _ _ _ _ _ _ _ _ �,_ - �JLVJCI: I.b, Q11U 0..7b Vl.1GL 1.1 V11 W11. 11 1.11C 1. V1.C1.: 1.1V11 VL 1.11C L.J ULJlll.�.7 11CC111.11, .7 CL1.0 l. y, CL1111 WCIICL.L T 1 -1- _ _ t i i a Capital yL a ld l- l rV i i-1 V.i y J • i.1..d • 111 1 V U Gn V this Pla n, Irca e a llll�JL V �%ClllCll 1. .7 L.Vlt 11111 L 1.CC VVIII�JV.7CU VL 1.11C l..L l.y 1•1a110.y C1 Chia CL 11 appL IJPL L I.0 "=&aJ_ L_LW=lll. 11CCLU.7, LVl 1.11= r/UL 1JV.7C %..) A- CV QI UM 1. 111y CL11U L CLlllt 111y 111 VL UC1 V1 yLILJL1Lry l_VJCl: LC7. �JL V�JV.7CU 1VL 111\..1 LL.71 Vl1 111 L11= 5-1CClL JVLICULLLC VL IlllPtVVCIIICll lr .7. . CAPITAL IMPROVEMENTS 1/98 9 -1 EAR -Based Amendments Policy 9.1.1.4.: 2-,taluate aiiii i.aak Proposed capital improvement projects shall be evaluated, and ranked in order of priority according to the following guidelines: 1) Whether the project is financially feasible and is needed to protect public health and safety, to fulfill the city's legal commitment to provide facilities and services, or to preserve or achieve full use of existing facilities or to eliminate existing capacity deficits; 2) Whether the project increases efficiency of use of existing facilities, prevents or reduces future improvement cost, provides service to developed areas lacking full service, or promotes infill development; and 3) Whether the project represents a logical extension of facilities and services. 4) Whether the project is consistent with the location needs based on the projected growth patterns, the accommodation of new development and redevelopment facility needs, and the plans of state agencies and SFWMD that provide public facilities within the City's jurisdiction. 5) Whether the protect is consistent with the Urban Growth Boundary philosophy of urban v$. rural characteristics and service provision. Objective 9.1.2.: Future development shall bear a proportionate cost of facility improvements necessitated by the development in order to maintain adopted LOS standards. Policy 9.1.2.1.: The City shall continue to collect a countywide transportation impact fee to assess new development a pro rata share of the costs required to finance transportation improvements necessitated by such development and shall consider adontina a city road impact fee for neighorborhood collectors and local roads of Citv responsibility. Policy 9.1.2.2.: The City small continue its will, W11.11111 vii= y=ai vi a program of for mandatory dedications or fees in lieu of as a condition of development approval for the provision of recreation and open space. Policy 9.1.2..7. . Y iLI1111 V11C yCai lJl CL"A_dP _L%.J11 Vl L_11C LVIII�Jt C11C 11.71V �Tt; The City shall periodically will uviilJJi =%= a =tuuy %v review the "eed ivi adequacy of impact fees levied to fund the following capital facilities needed to support new growth: CAPITAL IMPROVEMENTS 1/98 9 -2 EAR -Based Amendments 1) Park and recreation sites and facilities; and 2) Law enforcement and emergency services; a,,& t- - t- .7 / PulJlll. ULL11Ullly .ti. Objective 9.1.3.: The city shall manage its fiscal resources to ensure the provision of needed capital improvements for previously issued development orders and for future development and redevelopment. Policy 9.1.3.1.: The City's Capital Improvements Program shall include funding for those capital facilities and programs which do not exceed the city's fiscal capacity. Policy 9.1.3.2: The City will adopt a Capital Improvements Program covering at least 5 fiscal years and annual capital budget as a part of the City's budgeting process. Policy 9.1.3.3.: The City will make efforts to secure grants or private funds whenever available to finance the provision of capital improvements. Policy 9.1.3.4.. iJULiiiy %iii uCVCivJiilcii� cLNivvailivlr��, %iic Ci y Yvill Lct uiLc r 1 �,J Q _ ! t_ , _ , LCQb 1 1J1C, 1.1 U 111 L. l _ t JCL V 11: C.7 =- LICL_L L.. D Vl 1QLyC UC V C.LVJJIIICll L.. b t.LJ LL L. .L I.1 Z, WilC11C V CL JCL V-Lt., 10.Ji l lly V111 L.A \ PLO IV.7/ 0.11U 1.1t11111.1PQ1. 111.5 11•lJDV.7/ Q.7 UK--1. 11V U.7 VL L1.110.11", lily QIJ_L L. Ctl 11LLJJ1.LJVCl1- lC1lt_,1 Qilu The buda_et process shall include the planning, develonment and review of nrojeots which provide for the replacement and renewal of capital facilities. Policy 9.1.3.5: Through capital improvement programming, the City shall use its fiscal policies to direct expenditures for capital improvements which are consistent with the goals, objectives, and policies of other elements of the City's Comprehensive Plan. Policy 9.1.3.6 : - y' r-__ -t- - . - - - -I- --- llllVU LL L.. 1J 11111tr0.1 I.VVt Ul11Q L. _L Vll Wll..11 0.11U r__ mot__ __________ -L- I.:V V�.JCL0.l..l Vll LL VIII L.LLC VQLIVLLC LLlll .7 VL 1VL.Q1 yVVCL11IlLt= 11L, LL l...11ll..Y V Vlllj.J 0.111CA 0.11U LL1C JJl._L V C1 L_ t-_ Z-1 L. k-) A. L.11C L.. LL.Y W111 lUCll l.lLY Qllu _, _ _rr_ llllIJl CllLC 111. L:VAI.- CLLCL: l.1VC LC LL C.7 LVL 11110.1LLJ Illy P Ul.Jl1V Should the bond referendum, identified as the funding source for needed capital improvements in Table 9 -3. fail. the City shall amend the comprehensive plan to identify_ alternative funding sources or to take other actions. CAPITAL IMPROVEMENTS 1/98 9 -3 EAR -Based Amendments Objective 9.1.4.: Decisions regarding the issuance of development orders and permits shall be based upon coordination of the development requirements included in this Plan, the land development regulations, and the availability of necessary public facilities concurrent with the impact of developments. Policy 9.1.4.1(a): The City of Palm Beach Gardens will maintain adopt, consistent with Section 163.3202 (1), F.S., ai., Que ,4ua'L_e facilities k-'iuina,ice a concurrency management system to ensure that, at the time a development order or a permit is issued, sufficient facility capacity is available or will be available concurrent with the impacts of the development. These code reauiremen " - tS ��uln ,la��cc will also ensure that adequate public facilities are available to serve developments for which development orders were issued prior to the adoption of the Comprehensive Plan. Policv 9.1.4.1(b) : The Citv shall require, through the concurrencv manaaement system. that the burden of showina compliance with the level of service reauirements be upon the applicant for a development permit. Where capacity cannot be shown, the followina_ methods may be used to maintain the adopted level of service: 2. The developer may provide the necessary_ improvements to maintain the level of Service, 2. The proposed project may be altered such that the projected level of service complies with the adopted level of service standard. 3. The proposed project may be phased such that the projected level of service at the conclusion of each phase complies with the adopted level of service. Policv 9.1.4.1(c): For the purpose of issuing_ a development order or permit, a proposed project may be deemed to have a de minimis impact and may not be subject to the concurrenoy requirements of Rules 9J-5.005-5(3) (c) 1. — 4 . if all of the following_ conditions are met. The development proposal is for are increase in density or intensity of less than or equal to twice the density or intensitv of the existina development, or for the develop_ment- of a vacant parcel of land, at a residential density of less than four dwellina units per acre or. for nonresidential uses. at an intensitv of less than 0.1 floor area ratio. Isolated vacant lots in _predominantly built residential areas where construction of a single family house would be the most CAPITAL IMPROVEMENTS 1/98 9 -4 EAR -Based Amendments suitable use. may be developed for sina_le familv residential under the de minimis exception even if smaller than one auarter acre in size. 2- The impact of the proposed development alone does not exceed 0.1 percent of the maximum service volume at the adopted level of service standard for the peak hour of the affected fzQility. The cumulative total impact from the de minimis exemptions does not exceed three percent of the maximum service volume at the adopted level of service standard of the affected facilitv if the facility does not meet the minimum level of service standard. Policy 9.1.4.2.(a): The City hereby adopts the following Level of Service Standards (LOS) and will use them in reviewing the impacts of new development upon facility provision, The Dual Level Qf Service Standards shall be applied in the respective urban and rural areas, consistent with the Urban Growth Boundary philosophv established in the Future Land Use Element: TRAFFIC CIRCULATION Facility Tvpe Neighborhood Collector Citv Collector Countv Minor Arterial State Minor Arterial State Principal Arterial FIHS Roads Excepted Links per Table 2 -7 SEWAGE SERVICE SOLID WASTE LEVEL OF SERVICE STANDARDS URBAN AREA I,QS for Peak Period in Peak Season D D D E D D SANITARY SEWER _ 1p7 eallons Der dav per capita Generation Der cap_ ita: 7.13 lbs per dav Collection: Twice Der week CAPITAL IMPROVEMENTS 1/98 9 -5 EAR -Based Amendments RURAL AREA Ib D D E D V SEPTIC TANKS 1?er DEP and Public Health Department Reeulations 7.13 lbs per dav Once per week DRAINAGE WATER SERVICE RECREATION AND OPEN SPACF PUBLIC SAFETY Fire /EMS PollCer URBAN AREA RJURAL AREA 3_ day. 25 vear event 3 day. 25 vear event POTABLE WATER WATER WELLS 191 eallons Der da_y Per DEP and Public Der capita - Health Detartment Reeulations 3.7 acres of improved neiehborhood and Park and recreation community_ Darks facilities will be located Der 1.000 Dermanent to serve the entire Lily _ resident$ DoDulation. and in Most cases will be in the urban a ;ea, 5 minute reston$e Encouraee well -based time to 90% of all sDrinklers for all calls. on a district basis structures: fire service with tanker trucks: 8 minute averaee resD_onge time. 1150 service calls o_ er qffieer Zone natrol based qn rural Der vear: crime control strategies Communitv Policine Philosophy CAPITAL IMPROVEMENTS 1/98 9 -6 EAR -Based Amendments Policy 9.1.4.2.(b): Public safety level of service standards are iwt a formal component of the concurrence management system reavired by Rule 9J- 5.0055, FAC, however. the City_ will monitor the standards during the development review process. Any protect that necessitates expansion of public safety services bevond those prgvided in anv_ aiven fiscal year, shall be required to D-articinate in the burden of expandina police and fire /ems services to serve the subject property, or shall be phased consistent with Citv_ _plans to expand such services. Policy 9.1.4.2.(c): In 2000, the City shall evaluate and consider adQptina the ideal facility standards as a component of the parks and recreation level of service standard and concurrencv management system. T 1 iCt>,L' P 11. CIRCULATION Fcacii -i-ty Type _ „ el l. V \.V 11Gl. l..Vt CV1111L�/ 1rV11Gl..LV1 CVUlI�y rlll..CLlml Jl.ml.0 1.1111VL tiL l.Ct 1Q1 State 1CLi Li Lai t CU At., UCs r m1r1111.y 3i'±1Y11c.lci -EWER 70 ymlllJ11.7/ ucay/ lcaNita LOS 1lJL remit rCL 1V1.1 111 rGGin JCm.7V11 D D D E D D 1, 11T TT T,- /� J\JLIIL/ YY C'1J 1 L+ i _ .� n -� 1b. i _ _ _ VamLljaL4e - / V.J /day/ L.CL . ._CL&.L imLl.l lAC1Jl 1.�. - 1.10 DRAiMAGE, 1rrJCVCIV�./lllCll1. .7 yL=aLz:, 1.11Q11 10 a,_;- e.s. - 3 'my, 4_. -yCQL CVC11l.. LlCVC1V�JLllC11 l.A 1GA.7 L_11Q11 1V CL% LC.7 - 1 uQy, G-.)-yccLL CVCllt FCT,AL= WATER 92 ym11V11.7/ uQy/ 1. Gl�J1tC1 ICL, L.L<Litil iviv i -ai�i� vrFi� orr��.� 1 LLLPIV VCU 11C1y11LJVLL1VVl1.mli%A l_ULLULLl11111..y pCLLk6 C"DUlillI.L 3.S QI..l Ci JCL 1,000 PeL LLLQ11C111. L C.7111C111. .7 . T C IS w r r l.I L11111. JCiL'r+l l FCL itUIL 7U -S. VV=.7 :.7 \1/ \0./ , r1-C, 1L 1.7 L1VL 11Cl.0 O.7QLy 1.110.E 1.110 _L I_ VL r7Gl v DL0.11"cL.L 7 e 1. Q1J 11 11GlA 11L PV111. 1 e.S. 1V 1.2 .1 -1V . 1.6 . Y VL _ �_ , _ c r, 7_ i l_ _ _ - L L_11C rUlJ_L j_ Safety Lit CLLlellL 1.JG lllG 1. �.,JL 1VL l.V I.LLG l.1CVC1V�llllGllL VLI.iCt QLLl1 �.JCLIIIlL. CAPITAL IMPROVEMENTS 1/98 9 -7 EAR -Based Amendments Policy 9.1.4.3.: The City shall, consistent with Section 163.3202 1 F. S. cluVpl. 0111 VLUl11a111:C maintain reaulat],gxlq that will allow phasing of a development and issuing of a development order for projects that are phased to ensure that the necessary public facilities and services are available prior to the completion of the proposed development. Policy 9.1.4.4.: Certificates of occupancy will be issued only after all required public facilities needed to meet the adopted level of service standards are in place. Policy 9.1.4.5.: As a result of the annual capital improvement programming process in which a previously scheduled improvement project drops in priority and was the basis for the approval of a development order, affected developments may proceed subject to the requirement established in Policy 9.1.4.4 above. No such previously scheduled improvement project shall be removed from this element's Schedule of Improvements or delayed more than once unless it can be proved the need no longer exists. Any delay in the funding of any scheduled improvement shall not exceed one program year. Policy 9.1.4.6: The Citv shall limit its total debt service expenditures to no more than 2011 of total revenue and limit total, outstandinc7 indebtedness to no more than 100 of its Aronerty t4�c base. he l ll.y Wlll, WiLI'Llll 1J11C YCdL LJL VL 1.11C l..V lll�./L CL1C 11.7LVC r1Q111 C.7 1. Q1J11.711: 1J JJllllll.QllVllb 1JVL1U.7 d Vll 1L1C use VL LCVCIILLC d.7 tJC11 CllL VL 1 VLdl G J 1•ldltllll Ulll LCl 1. t%J VL 1_%JL_dl UC1JL l.V total- LCVCIILLC J / 1.1Qlilll1 Ulll LQ1.1V VL Out bs .,C1111.L1111J. 111UC1.J I..CU11CbA l.V jJL V.JCi l.y L.d1L Y/ rV111.1Cb 1V1 __ _ __ Li1C LCJJl0.1..CllIC111. Q11U LC11CW0.1 Vl ll.dl LQl..l 111.1 C.7 . Policy 9.1.4.7.: The City shall evaluate proposed plan amendments and requests for new development or redevelopment according to the following guidelines as to whether the proposed action would: 1) Contribute to a condition of public hazard as may be described in the Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge (Infrastructure) Element, and Coastal Management Element of this Comprehensive Plan; 2) Exacerbate any existing or o_roj_ected condition of public facility capacity deficits, as may be described in the sunnort document$ of the Transportatigp Tiaifii: C-L.L uiaLl.vii Element; Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge (Infrastructure) Element; Public Safetv Element; and Recreation and Open Space Element of this Comprehensive Plan; 3) Generate public facility demands that may be accommodated by capacity increases planned in the 5 -Year Schedule of Improvements; and CAPITAL IMPROVEMENTS 1/98 9 -8 EAR -Based Amendments 4) Conform with future land uses as shown on the Future Land Use Map of the Future Land Use Element of this Comprehensive Plan. CAPITAL IMPROVEMENTS IMPLEMENTATION This section addresses public facility deficiencies for which the city has financial responsibility in accordance with Rule 9J- 5.005(1)(c) and 9J- 5.016(4), Florida Administrative Code. As discussed in the other elements of this Comprehensive Plan, there are only limited facilities for which the city has financial responsibility. These include all local roads and two collectors, a limited drainage network, police, fire /ems, and recreational facilities. Major transportation links and potable water, sanitary sewer, solid waste, and drainage systems are under the jurisdiction of other public agencies. Thus, while some of these systems have existing and projected deficiencies, they are the financial responsibility of other agencies. As a result, these system deficiencies will not be addressed in this section. . _ „, ____, _ �, __ Transportation iL 4LL1V V11\.. I.Lid4.i VLL All arterial roads within the city belong to either the county or the state. The city is responsible for only the local streets and two collectors. Nome Qnlv one of these city facilities have either an existing deficiency or a deficiency projected within the next five years. As is discussed further in the Transportation Element, Burns Road cannot be expanded to its planned cross - section until I -95 is widened and the Burns Road under -ass is of a width appropriate for a 4 -lane collector. This I -95 improvement will nqt gccur within the next five vears, therefore Burns Road is a temporarily constrained facilitv. The only expenditures necessary for the city -owned street system are ongoing maintenance. The maintenance costs are covered under the operations portion of the city budget and do not meet the cost threshold ($50,000), established by this Comprehensive Plan to be classified as capital improvements. The City's traffic standards, concurrency management system and the Countywide Traffic Performance Standards require deficiencies and needs to be met prior to additional impact. Should project - generated roadway needs occur in the future, the City shall require as a condition of approval, all improvements to be programmed for completion or be carried out by the specific development(s). Sanitary Sewer and Potable Water The potable water and sanitary sewer systems within the city are owned by the Seacoast Utility Authority (Utility Authority). The Utility Authority was previously under private ownership but was recently purchased by a consortium of cities, including Palm CAPITAL IMPROVEMENTS 1/98 9 -9 EAR -Based Amendments Beach Gardens, and the county. However, the Utility Authority is a separate entity with its own revenues, expenditures, and staff. Therefore, the City of Palm Beach Gardens has no fiscal responsibility concerning the operation, maintenance or expansion of the potable water or sewer systems. Solid Waste Through the use of an independent contractor, Beach Gardens provides residential solid waste under statutory agreement, all solid waste gene must be taken to facilities owned and operated Authority, of Palm Beach County (SWA). Thus, financial responsibilities for any solid facilities. D____-g` $Vrfage Weer Management the City of Palm pick -up. However, gyrated in the city by the Solid Waste the city has no waste disposal The city owns portions of a small drainage system located in the oldest portions of the city. No existing deficiencies have been identified, as the existing development meets the established level of service standards. While the areas served by the facilities are almost builtout, any redevelopment or new development will conform with the level of service standards established for new development. Therefore, no deficiencies are projected. Sub -basin drainage studies and post- October 1995 flood system assessments may identify improvements needed to maintein level, of $ervice. A few of•the$e improvements may be needed in the City'$ limited portion of the surface water manaaement system. TI�e At this time. the only expenditures necessary for the system are ongoing maintenance. The maintenance costs are covered under the operations portion of the city budget and do not meet the cost threshold ($50,000), established by this Comprehensive Plan to be classified as capital improvements. The remainder of the drainage system in the city is under the jurisdiction of the Northern Palm Beach County Improvement Water euntra -1 District (NPBCWeID) who is responsible for the system operation, maintenance, and expansion. Existing development conforms with the established level of service standards, therefore, no deficiencies have been identified. All future development areas of the city are expected to be serviced by NPBCWC..D systems. These systems shall meet the level of service standards for new development. Recreation The City of Palm Beach Gardens is entirely responsible for providing recreation facilities to residents of the city. The county provides some regional facilities in areas near the city; CAPITAL IMPROVEMENTS 1/98 9 -10 EAR -Based Amendments however, the recreation level of service standard established by this plan includes only city -owned neighborhood and community facilities. Therefore, the city is solely responsible for insuring the level of service standard is met. Table 7 -t-a in the Recreation and Open Space Element Support Document of this Comprehensive Plan indicates the city will have needs for additional improved park land during the next five vears. 0. W111 110.VC a 7u1JJ1u.7 111 .J_77_�. As discussed in that element, this deficit is to be made -up through new development dedications and fees collected through the recently enacted a Jt IJ Jl,J .7C� recreation impact fee_ tD i.JC auvpL,-_ti N I i�J.L to i.7.7 v The recreation impact fee is to be designed such that all new development will contribute land and /or funds at a level necessary to maintain the adopted level of service of �.7 3--Ei acres of park land improved with recreation facilities per 1,000 permanent residents. Table 9 -3 indicates the amount of acreage and expenditures needed to address the projected parks and recreation deficit. As the table shows, there are some land needs beginning in the vear 2000, This deficit may be eliminated through the improvement of an 8 -acrp parcel on Howell Lane that was dedicated to the City_ for recreation purposes, vet remains vacant. The Citv_ also has a 9 -acre parcel which it lust purchased on Lilac Street which is being planned fox recreation facilities. Improvement of this site will eliminate the orolected deficiencv in 2001. and reduce the need �p 2QQ2. is C 11lJ Uyll .7 ut�J 1 -11.7 Cli1.>1. Illy lii t.11C t__Lt.y I-U Vally 1L L_11.LVUy11 t-11= yCCtl 177.E wlt_11vu1_ Cllly Ciuult. 11/11011 l.Jallti The acreage needs are calculated by multiplying the projected population for each year by the adopted level of service and then subtracting the inventory from the previous year. The population projections are for the permanent population as shown in Table 1 -2 of the Future Land Use Element. The precise location of the proposed park improvements cannot be shown at this time since the park sites will be acquired and developed as the vacant land is developed. Almost all of the park improvements shown in Table 9 -3 are expected to be located east of the Florida's Turnpike with a majority located east of I -95. All of the recreational improvements as shown in Table 9- 3, are consistent with other elements of the Comprehensive Plan. The cost per acre presented in Table 9 -3 is calculated by adding the projected land costs plus improvement costs. For the purposes of this calculation, land is estimated to average $60,000 per acre and improvements at S95.OQQ $200,000 per acre for a total of 5155.00Q $ 26-6; -6aO per acre improved recreation facilities. The land costs used herein are based on the averaae value of an acre of land within the City, icu�11� iailu 1iv11a%i�J11 t� 1.110 1.1t.Y 1.11J111 0. JJ11V0.t.0 tCr71C1C11 1.10.1 uCVC1V�Jlll=111.. The facility improvements costs are based on the estimated development costs of an acre of park land according to calculations derived for the parks and recreation impact fee, D a la.Lye n - - _ - _ - _ _ _ . i 7_ _ _ _ _ --I- - _ _ 1 l _ _ -1 _ _ , , , • I- _ , l t 2 _ , 1 - V \ J 10.1:1 C / 1 kJllllllu1111.Y PCLI J-1 Callu _L _L uuC 1.0.111.1 1.1=CL1111y , JJ0.1111 =_LU - - _ __ __ _ - -. -- 1 __ __ __ _ _ -1 - t vu1.%ZD , a Lc11 as t. l vll 1.011 t. C1. , -7WltLtLLL_L11y rJIJVl, tJ10.Yy11J 1111u Cli ll l�JlllC cu.Ld pCL.L Lllly 111=.7= =.71..LllI0.t.C.7 W=1= VJ.J 1.0.111011 11.1J111 111111111: 11J0.111..1Cb CAPITAL IMPROVEMENTS 1/98 9 -11 EAR -Based Amendments 111 Pct 1111 DC 0.1..11 Cc, LLllLy, inn 1 U1i 1111. L.11C 1..11..y V1 PIELIM DC0.1: 11 Val U=.Lis. Depending on the amount of land and number of facilit�eq obtained and improved at any one time, economies of scale are expected that may either reduce or exceed these projected costs. 3 .L11VC L11C 11C CUC11 LC1. 1:e at Vll faciliL'Le.7. al:e eX& L/C UC Ve, ujaeU G1.7 paa. L. VL new L0.L 1�C- .7VQIC UC V CIV�./lllCll l.b, L_11C 1L 1VV0.1. 11J11.7 0.11U .71GC QLC Li111L11LJW11 0.l. 1...111.7 L J_,cC. TI-le V1L.y Vuil eiitly 11Q.7 .,=VCLCL1 Vcu.-a t 0.LCQb 111 L11C 11VLLr11CL11 PVLL.LV11 LJL L.11C VLL..y L.110.L. 0.LC UC.71 U LVL VQ11VLL.7 LC.71UC11L_LQ1 UC11.71L.1C.7 V11 L.11= L'UL.ULG L LQLlU V.7C 1'1Q�J 1 L 15 111 LL1C .7C QL C0..7. L110.L ILIV .7 1. VL 1.11C 11CCUCU c - _ _ LCI.:t CQI_1V11 LQV L11l.LC.7 Q1C C11�.IC1: l..CU l..V LC 1. Vllb 1.1 Ul. ICU. 1110 L0.11U ,_ 2 W111 CLL.IICL fJC U1L CL. L_ly UCU1l.:0. l..CU 1Jy UC VCLV�JIIICll I.. 111 L.11C 0.L CQ 111 _ C f _ _.,_ - _ _l i 1_ _ i,_ 11CU VL LCC.7 'D 1: �,JUL 1:11Q.7CU Ly L.11C U11..y WLL.11 1. CC.7 1,V 11 ClJ L_ kA LL VIII UC VC 1 u&LftC11l_ s L11-L VU1j. 11V UL.. 1.11C 1..11_y JLLVLAJ_" 1.11= QLCQ.7 LC UCVCLVlJCC� as VCLy LQL1.. C C10.1111CU 1.Vllllll LLL11 l.1C.7, bLLl 11. 1 QL L_1J l.l1C rVCI iV0. L. LV110.L UC VCIV llC11L, 1, 11C 10.11U UVL10.L QLC 111LCLy L.V l.lC Lll CilllCJ lAlll. .7- cif 30 aci. s D i: yt ca�.at Larger -sized parks are more in keeping with the city's current desire to develop more large - scale, full service community centers. The City is currently working_ on a narks and recreation master n_l,an which will identify future park sites and desired f4gi�ities. The loss of the municinal complex park and recreational facilities contributes to the onaoinca capital need. Table 9 -4 identifies the ideal level of improvements that the Citv would like to offer to its residents. These are obi_ectives which are used for facilitv planning and annual buda_etina purposes, The City would like to bP in a situation where it can ado_At these objectives as formal level of service standards in the comn_rehensive plan. Until the facilities that are eliminated due to the municipal ggmplex arP replaced, the Citv_ is not prepared to formally adopt these ob-lectives. CAPITAL IMPROVEMENTS 1/98 .9 -12 EAR -Based Amendments 1-1 m ;.1 yal m A N M 14 o O a m bHa ri rl C7 b ,Cd � U•W� C1 Id (d N U M W W rq O m HaA� bw >1 o 4) " >1 U U 4.) W U $4 N � � v � •rl W .> w � 0 W N U w U U U U U U U a W W W W W W W 1p 10 lD 1p l0 lD l0 H H H 0 0 0 0 0 0 0 ui to Ln ui ui h h h h h h h ON cr, CrA C, CN 0) N N N N N N N w 44 w w 44 4.4 w b 'd 'd 'b 'd 'o b Ul U! Ul Ul N U! UI ro ro (d rt rd ro ro ro CD v v v to m co 0) to En U) v v a�i a�i a�i a�i a�i m w v 15 a�i a i v 0 0 0 o � o � E E E E E E E .ri r r r r.1 -4 .11 z z z z z z z w H w a a z C13 H o Ei w uwi m a a o a Ew• U) o M W a w D4 b q 4 p \ ri m C." )-I ro U ro a) PO E r-1 rd Lk 44 O U ai U N 0 O U) W 14 IN 0 v 0 w � �' `� > ro a) w a) a m U W m (a w 4.) J-) ro m H m H a .+ s~ U U M }I a) � O z O v i 3 F34 H H C7 PO W O 'd x >~ 0 0 0 p 0 O o O O _ p ro �7 N C O O k o }•I N 4-) co kO (14 ri •rl 4) U A o m p ro 0 -rl o 0 0 Jai o cvA mU) N O P4 r-I O O 0 OW o M a M 14 Li P. m C) OD ko t` N -H G) H N O O 41 U a) . ro -14 3 r-I .r 4 j � 0 0 0 0 0 0 b ,� .r{ 0 0 0 0 0 0 O V Li C) N aN OH E ri ri (1 N O M > q • • 44 04 r-I N 1/1 r/A t? V} Li J 1 O 0 O E ( U r-I td Ul i •ri r~ a,--fi .� Q) 1 w0) 0 pq aWb4-) ov O a) 0) r-1 E .� ,y 1 I 1 I 1 1 O .1 O ro r1 ri r l ro H� V 4J 3 Oa •rl N A q m U 4 (0 ° ro 0 U 3 V •� c 0 iJ a) N O r > 0 to m O •r1 •rl r I N O O U 4 N cC w $4 I I I 1 1 4J G y m O P4 ° .-1 m (d 3 rd N U O v .rl m E W iJ t~ a) m aI 1 z 4J rd m U �' 4' O m U m a) U + N -r°1 ,1 ro E+ U ?I rt U ( Wm U ��" 41 r-I a) a) 44 O O fY. U JJ m m 4.) (d l.) CA \ 44 W N ri •rl 4J •H U V a� ° 1 w q� W °m rowv 4 �4 U ?1 AJ a) JJ •11 v b 4) U) X m O E U ro t� E P4 U) ro -ri � ° n w H d w w w x 0 a) U .) a) X �4 U O a m W �4 N (a w a) ri J) r1 W w a w w a a w w (d�4 p \ ri m C." )-I ro U ro a) PO E r-1 rd Lk 44 O U ai U N 0 O U) Public Safety The Future Conditions section of the Public Safety Element identifies fire stations, police facilities and equipment that will be required as capital projects to maintain the adopted levels of service as Palm Beach Gardens develops (Tables 10 -4 and 10 -5). These level of service standards will not be a requirement of the concurrency management program. Approximately 700 619 of the City is currently vacant or undeveloped. The development of these areas, with the inclusion of parcels through annexation, will necessitate additional public safety services and facilities. The City shall undertake measures to ensure that adequate land and equipment is available for police, fire and emergency assistance facilities to serve its current and future residents. The Police and Fire Departments are funded primarily through ad valorem taxes. The use of impact fees is the preferred method to ensure that new development offset the need for public services created by such development. AS Q, Ullll.11y 110 llldJ V1 L: d1.) J. LQ1 111 V Ca L l l lC 11 L. 7, Iali_L .7 b11VW5 pa. V t:-- k.- LCU �I Cd i.- e Q1lU 11LC VpCL a illy Clllll I: rap 11. cl1 L Ui ca 1.%Ji L11C 11C1iL L1 VC- eCLL JCL 1lJll. rCt.7 V1111C1 d11U V�JCL QLIlly VV .7 L. Z) 11QVC 1.) 171 es Lllllcl LCU W1 L11 all d1111UQ1 111ULCd7C kil. Jc Gull .-70, LC Z7p C L: L 1 V C l Y. �.Q�.J1 LQ1 �.JLVJCL.Lb QLC W1L11 Q 5% Q11111ial adjus LutenL. 111C Fiic DepmiLuutel L G3/Jv LiyuiC ul -,playa LllC cl�: ui.�2L —k— vL %wv Additional capital expenditures will be necessary to maintain the adopted levels of service (Table 9 -6). These have been projected based upon the adopted urban level of service standards of 1150 service calls /reszondinq officer and a 5 minute response time tp 90% of all Balls N l -- -L- - . p,-J., _ - - - Ll - o L.VLLI LC11C11.71 VC t'1Q11� a V Ul QL1Vll LV CI,.LlVlla 111C , _ i- /m_,_, _ " _, _ _, _ t_-_ t _,_ mot_ C.:dt..11 LQ1 L1CCUa 1Q-LI -L J - dLC 1.:Q 11.LL1d LCU ley �ilulLily iiiy L11C 1JLVJCI.LCId J_) Jp U_LCiL1l.Jll LIJL CQlal yCMi. LJY LL1C 1..LUS, L11C11 1l1l.11 _'LplYllly L11QL 11CCU uy LLLC Cat_J_MaLCU ._QNlL_Q1 I.VaL. Police and fire capita costs have most recentiv been estimated for Palm Beach Gardens in a `,`Fire /EMS, Police and Park Impact Fee Study" "loC1u111Q1 iitoi(lGkcttiuuul kill l.l1C 1'1CL11lJUZ- LC Calcuicl%c IIlLNacL.: FeaS` °- prepared by James Duncan And Associates, May. 1997. Jclulo� C. iviuiiviclS, c11i1i, ViClll:ii, i_�.7U These costs are expected to be met by fees collected through prupQsed police and fire /ems impact fees. The new station needed to serve District 3 is expected to be funded via a bond issue. Should the bond issue fail, the Citv will need to fund this capital orolect with aeneral revenues which will most likelv i __necesstate a tax increase. _ L'011VC d11U 1'1LC 1lllt.Jdl.:L LCCa W111 i = 1111:1UUCU 111 Qll VL Ul11Q111.:C V1/ill lal , , ,_ _ r _ i _ r W11 J. yV 1.JCI VLC LLLC L.1Ly L.V Ul1V 11 LVL QUV�JL1V11 LY L11C Cllu Vl. 1J Jl. CAPITAL IMPROVEMENTS 1/98 9 -14 EAR -Based Amendments CAPITAL IMPROVEMENTS 1/98 9 -15 EAR -Based Amendments r" I- I A L c m i m 4... 2 VV iiGi iii vfi iii LG V Gi Vi bIGL V i \.i0 1 AI t A•'1 1 e%3 t AA t A� r i 12 r r r z r .l POPULATION pVpU l0.L1V11 1111;1 C0..JC 1YOG 31VV G1.73 1433 3GOL n l,: UlllU10.L1 V C lll Cl. C0.7C lYOG 4300 O c " / G 1 8100 11402 ivEED3 QUU 1 PV 11l:C V11111C1.`7 "' - -- - -- - - - - - - - -" _ r 2 0.U1..1 _L 1110 - - - -- - _ -- - - - - -" ^ 1110 LLCCU.7 1UC11L 11101E 1Vl LLLC rV11LC LCL,1Ql LIIlCL1L 0.lC 1JQ.7CU VLl LLLC Cif r rr • n _, i Tr t _t _ J..IVJ VL 1 7 V1111:Ct.7/ 1 / V V V {J V�JUlQI -1V11. 11. l.L1C l.1 Ly W1.711C .7 l.V �JUt.7 UC i L _ l _ _ l Cif _ r L1lC 11100.1 17l G . J V1L1lrCl. A/ 1 / V V V IJM.L 11.7 / QIAUll.1V110.1 j.7C1.7V1111C1 W111 ..a_ _ _, _ '_ r_ c i_ i- "' 1110 1. GL�71 LQ1 L1CC ld.7 1V1 1110 111u 1iE; est'LuLcLLC1A lJll GL L:1L. y- W11"LC li CL.71.7 11 UC V C I1JpLLL=11 L/ 0.111.1 L11C lCb Ul Llll�j QL �.lVj_7LL1 1 Vll 5 / 1 L:V 111.011 L 10. L C1A W1 L11111 Q 1.01 LQ111 j.JVl L1V11 Vl L11C 1.1 Ly / 0. .7 LCX I- LW"' .l mil_ _ � c_ , 1 ieS &vii5c %iiu-_ iilcly Cli1 CCU L11C LOS aiiu %iiyc�ci a il=W 1cLC__* 1. Ly iivcu. JV UL I:C C' ty Vl r0.11U L a_.cx L.1L V0.1 UC11D / L•lQy / 199.7 . T,1 TT \!f A .L 4%.W au W - `v dd t ..I n__-0 t-..l i1V...ii ..Iona-, Vi ..ii Vai./i 4.fii VV04.� T- G G .6 Vi LaGG\i Vl./Vli l%.iGiiVi liGd 17GGlia 191 '92 193 '94 '95 T, rvlll,c - - - - - - - - - - - - r'. rll = . -^ - - - - - - - - - c mpi Lml 1.V6L pe pDlice Vl111C1 - y721/ /.74.03 ccLp_LL0.1 1.:176L pt--.L 111= 6La L1V11 - ..'1/ 010/ OOV .O % Sc, 1. 1. C.7 1.1Ly 131 Palm BecLCIl V0.l1.LC11.7/ Dece-ULLJCt / 1770 101:111111.0.1 1'10 lllVl 0.11l1Ull1 Vll L11C 1.10 L11V U.7 -L- CJ 1.0.1 Cu- 10.LC 1lll�JQtJL i_ _ - _. _ , _.i_ , n n n Fe=., 'L-;y Uauut -_s LV11..11V1Q.7/ 1.1Q11.11/ 1770 CAPITAL IMPROVEMENTS 1/98 9 -16 EAR -Based Amendments Implementation Programs The most obvious tool to implement the Capital Improvement Element is the capital improvements program which the City will update on a regular basis. Additionally, in accordance with the goals, objectives, and policies of the elements of this Comprehensive Plan, the city will maintain or adopt new land development regulations and procedures to insure the levels of service standards adopted by this plan are met or exceeded_ 1Dy -1Qy 1, 1998. These regulations and procedures will require that all public facilities necessary to service new development at the adopted levels of service standards are available prior to or concurrent with the impacts of the new development. Furthermore, the regulations will be designed to simplify and streamline the existing regulatory programs. The regulations and procedures to be maintained or xi(�wiy adopted include, but are not limited to: o traffic (city road imoagt f�aS v_et to be adopted) and recreation impact fee ordinances; o revised development application procedures which require an assessment of the ability of existing facilities to accommodate proposed development; o regulations which permit the phasing of development in concert with the provision of necessary public facilities; o the preparation of a capital improvements budget as part of the city's annual budget to insure all facility deficiencies are identified and addressed; o an annual monitoring and evaluation process to update the capital improvements element and any deficiencies addressed therein; o the prioritizing of capital expenditures to insure facility deficiencies take priority over non - health and safety capital projects; o an assessment of the city's fiscal capabilities to schedule and implement capital improvement projects; and o an annual review of the Comprehensive Plan for significant changes in growth projections and /or facility requirements. These regulations and procedures are identified in more detail in the goals, objectives, and policies section of each element of this plan plus other sections of the text of this element. In all cases, the city will not approve development which would cause the public facilities addressed by this Comprehensive Plan to operate below their adopted levels of service standards. CAPITAL IMPROVEMENTS 1/98 9 -17 EAR -Based Amendments IV. MONITORING AND EVALUATION Chapter 163 of the Florida Statutes requires the Capital Improvement Element to be continuously monitored and evaluated. Therefore, this element will be reviewed on an annual basis to ensure that required fiscal resources will be available to provide the public facilities needed to support the adopted level of service standards. The annual review will be the responsibility of the City Manager, the City Finance Director, the Local Planning Agency, with assistance by the Growth Manaa_ement Depaztment ai u a Ci-�.y �vuii�.l l cxNNvili%8u i%i�cil' S i�uvi5viy L Vllllllll l CC . This group's findings and recommendations will be presented to the Mayor and City Council at a public meeting. The City Council will then direct staff to take appropriate actions based upon the review committee's findings and recommendations. The City, in conducting its annual review of the Capital Improvements Element, will consider the following factors and will amend the element accordingly: 1. Any corrections, updates, and modifications concerning costs; revenue sources; acceptance of facilities pursuant to dedications which are consistent with the element; or the date of construction of any facility enumerated in the Element; 2. The Capital Improvement Element's consistency with other elements of the Comprehensive Plan and its support of the Future Land Use Map; 3. The priority assignment of existing public facility deficiencies; 4. The City's progress in meeting those needs determined to be existing deficiencies; S. The criteria used to evaluate capital improvement projects in order to ensure that projects are being ranked in their appropriate order of priority; 6. The City's effectiveness in maintaining the adopted LOS standards; 7. The City's effectiveness in reviewing the impacts of plans and programs of state agencies and water management districts that provide public facilities within the city's jurisdiction; S. The effectiveness of impact fees for assessing new development a pro rata share of the improvement costs which they generate; CAPITAL IMPROVEMENTS 1/98 9 -18 EAR -Based Amendments 9. The impacts of special districts and any regional facility (DRI) and service provision upon the City's ability to maintain its adopted LOS standards; 10. Efforts made to secure grants of private funds, whenever available, to finance the provision of capital improvements; 11. The transfer of any unexpected account balance; 12. The criteria used to evaluate proposed plan amendments and requests for new development of redevelopment; and 13. Capital improvements needed for the latter part of the planning period, for inclusion in the 5 -year Schedule of Improvements. In an effort to make the annual Comprehensive Plan review efficient and effective, the Council will require it to be completed prior to the beginning of the annual budgeting process. All departments within the city will be directed to provide up- to -date information and to make staff available to assist in the review. Formal recommendations for Comprehensive Plan amendments will be made in conjunction with the submittal of the annual budget. CAPITAL IMPROVEMENTS 1/98 9 -19 EAR -Based Amendments CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT SUPPORT DOCUMENT I. INTRODUCTION Purpose Section 163.3177(3), Florida Statutes, 1987 Ed., requires all local comprehensive plans to contain a "...Capital Improvements Element designed to consider the need for and the location of public facilities in order to encourage the effective utilization of said facilities ". The purpose of the Capital Improvements Element is then to implement the provisions of the City of Palm Beach Gardens Comprehensive Plan by: 1) Using timing and location of capital projects to provide services to support growth in areas where the City can efficiently and effectively provide services, and to avoid placement of capital facilities in locations which would promote growth in areas -which cannot be efficiently served; 2) Establishing a system of examining and assigning priorities to the needs of the City, assuring the most essential improvements are provided first; 3) Coordinating the timing and with other local governmen agencies to maximize the improvement expenditures, services to the public, infrastructure decisions; location of capital improvements ts, special districts, and state benefit from public capital minimize the disruption of and implement land use and 4) Allowing time in advance of actual need to provide for sufficient facility planning, design, and construction; 5) Coordinating financial planning to maximize the benefit of public funds; 6) Providing cost information on a timely basis for the evaluation and formulation of alternative financing programs; and 7) Providing for a concurrency management program. CIE - SUPPORT DOC 12/97 9 -1 Ear -based Amendment Projected Growth Table 9 -1 indicates the permanent population of the City of Palm Beach Gardens is projected to increase 241-9 -5-a% over the period 1995 to 2000 1990 t,-,' 197-7-5). However, a large demand for public facilities will come from those persons who will travel from surrounding communities to work or shop in the ever increasing commercial and mixed use developments that are projected to occur during the same time period. II. DATA AND ANALYSIS Level of Service (LOS) Definitions Level of Service (LOS) standards are indicators of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. LOS standards indicate the capacity per unit of demand of each public facility. They are, in short, a summary of existing or desired public facility conditions. Chapter 163, F.S., and Rule 9J -5, Florida Administrative Code (FAC), now require LOS standards to be included for public facilities addressed by local governments in their comprehensive plans. Specifically, these LOS standards will be established for the purpose of issuing development orders or permits to ensure that adequate facility capacity will be maintained and provided for future development. LOS standards can affect the timing and location The Citv is divided into two distinct service areas by the Urban Growth Boundarv. This boundary which is currentiv located at the Loxahatchee Slough, senarates the Citv into the 'urban' area to the east and the 'rural' area to the west. The Citv has estab>,phed dual level of service standards for the distinct urban and rural areas of the city. The urban area is served by a full compliment CIE - SUPPORT DOC 12/97 9 -2 Ear -based Amendment of nublic services and facilities where efficient and cost - effective service delivery can be accomnlished. The rural area has limited services. Land uses in the rural area will receive public services at levels coincidincr with the desired rural characteristic of the area. Some services /facilities. such as recreation facilities. will not be provided within the rural area at all„ The following LOS standards for the City of Palm Beach Gardens will be used to evaluate and monitor the implementation of this Comprehensive Plan: LEVEL OF SERVICE STANDARDS URBAN AREA RURAL AREA TRAFFIC CIRCULATION Facility Type LOS for Peak Period in Peak Season Neighborhood Collector D D City Collector D D County Minor Arterial D D State Minor Arterial E E State Principal Arterial D D FIHS Roads D D Excepted Links per Table 2 -7 SEWAGE SERVICE SANITARY SEWER SEPTIC TANKS 107 gallons per day Per DEP and Public per capita Health Department Regulations SOLID WASTE Generation per capita: 7.13 lbs per day 7.13 lbs per day Collection: Twice per week Once per week DRAINAGE 3 day, 25 year event 3 day, 25 year event WATER SERVICE POTABLE WATER WATER WELLS 191 gallons per day Per DEP and Public per capita Health Department Regulations RECREATION AND OPEN SPACE 3.7 acres of improved Park and recreation neighborhood and facilities will be located community parks to serve the entire city population, and in most cases will be in the urban area. CIE - SUPPORT DOC 12/97 9 -3 Ear -based Amendment URBAN AREA PUBLIC SAFETY RURAL AREA Fire/EMS 5 minute response Encourage well -based time to 90% of all sprinklers for all calls (district basis) structures; fire service with tanker trucks; 8 minute average response time. Police: 1150 service calls per officer Zone patrol based on rural per year; crime control strategies Community Policing Philosophy CIE- SUPPORT DOC 12/97 9 -4 Ear -based Amendment TRAFFIC CIRCULATION , Fa1.111i_y lypz Ci Ly Cullec LV}_ _ „ l-V LLLLLy 1..V 11el.LV1. Cvuu%y AL Le cial 3LaLt= L- L-L Liv1. cif %eLial otaLe rj11,_'LNQ1_hztcLia Llllll LCU riles: C.7b L•Q1:111 Ly JtilVl lriiti SEWER ,U y0.11V11.7/ UQy/ 1. a�71 La LOS LVL PeaAl Pei 1VU 111 rCGtJt JCa.7 VLL D D D E D D .� E JVL1L WASTE vaLlJQye - / VJ 1L. / day/ CajJ1 La 11 ICU-" dC7.J Jt 1.7 - l ..LO 11J. / day/ I. G�Ji t0. DRAINAGE LC VG1V�JlllC11L.7 yL Ca LGL L110.11 10 0.'.:L Cb - J UQy/ G:J -yCQ1 CVG11L 1JCVC_L,,Dp Lei -,Ls 'Less L110.11 10 acL=s - 1 flay/ 25 -yeas. CVC11L POTABLE WATER JG �Q11V11.7/ U0.y/ �:aYii..a RECREATION AND OPEN 3PAC-E 1111j_7LlJ V CU 11C 1LJ 111JVL11V Vd 0.11U l.1_.1l1lllltA111Ly 3 5 Qci:eS �7C1 1 / V 00 C.71 de ii L.6 . - Logatign and Timing Location and Timing gf Services and FagilitieQ As well as divide the Citv into distinct service areas. the Urban Growth Boundary shall be used to guide the timina and location of construction. extension or increases in canacity of each public facility. Generallv, public services shall not be extended at urban levels of service within the rural area.. A super ma-_iority vote of Council is required to approve the extension of urban services or use of alternative service mechanisms in the 'rural' area. The Loxahatchee Slouch provides a physical divide in th° Citv. Extension of most services and facilities west of the Slough will not be as cost - effective as in the urban area. The differe4gg- in the cost of service delivery should be borne k)v the use. Whil° the Slouch represents the loaical boundary between urban and rural. the location of the Urban Growth Boundary may be evaluated every five vears with the Evaluation and Appraisal Report, Re desianation of the UGB must be supported by data which CIE - SUPPORT DOC 12/97 9 -5 Ear -based Amendment demonstrates. at a minimum, the loa_ical extension of services and facilities west of the Slouch, the availability of facility capacities to serve additional land uses, and the appropriate timing of service extension given the amount and location pf developed land in the existing urban area. Growth Strateaiep The City's Future Land Use Map and accomoanyinq growth strategies prevented urban sprawl within the community during the evaluation and appraisl report period (1990 - 1,996): However, much of the credit to preventing urban sprawl can be given to the City's concurrencv management system and market conditions, The Citv_ had used a Planned Development Area (PDA) Land Use overlay as the mechanism for the Comprehensive Plan growth strategy. The overlav had been applied to all undeveloped non - conservation land in the area west of Alternative AlA. north of VGA Boulevard, and east of the Beeline Highwav, and in the area north of Northlake Boulevard, west of the Beeline Highway and west of the Loxahatchee Slouch, which have no active development order other than vested status granted by the Citv or Palm Beach County. This ares encompasses approximately 16,900 acres. The PDA overlay created a "holding zone" for these areas until development is reauested. The property in the areas can onlv be developed as a Planned Communitv District or Planned Unit Development. This allowed for more innovative and beneficial, Dro�ects beina approved by the Citv and subseauentiv developed. In order to discouraae leapfrog development, the Comprehensive Plan restricts the City Council from considering the rezonings of oronerty outside of one -half mile of the existing urban area. Durinq the evaluation period, only one development, a 365 -unit low - density country club development, was approved outside of this one - half mile limit. However, this development was, annexed into th° City with a court order partially "vesting" a 1980 density. No other development was approved during this period which was on property outside of the one -half mile limit. The 47 other development approvals were aranted on property within the one -half mile limit, the existina urban service area, or within _previously - aDDroved development protects. However, there are several constraints to this growth strategy, The PDA overlav does not provide for special circumstances which may lustifv developing land beyond the one -mile of the existing service area. Also, a different Level of service is not Drovided to the PDA overlav lands. All properties within the Citv_ exD_ect to receive the same level of service. In addition, despite the City';7 intentions. water and sewer lines have been .extended within and throuah the PDA overlav area. This occurred because the Citv does not control utilities or road imD_rovements, which are th° traditional means of a_rowth control are not within the Citv's power, As stated earlier, more than half of the development protects which CIE - SUPPORT DOC 12/97 9 -6 Ear -based Amendment were approved during the evaluation period were granted frQm projects within larger, previously- aouroved developments. Thee approvals allowed for the development projects to use the existing infrastructure which was implemented with the previously- approved larger developments. The other developments approved during the evaluation period were infill developments or the natural extension of the urban fabric and were within easy access to existing infrastructure. The Qne project which was approved during this period of time and was not adjacent to existing development$ ha$ been required to extend water and sewer facilities to the project. This project has not been developed and the proposed util>Tty line extensions have not occurred. Environmental lands within the City received additional protection" during_ the evaluation period as Palm Beach County began the. negotiating process to purchase approximately 10,715 acres of environmentally - sensitive lands in the Citv through the Countv's Environmentallv Sensitive Lands Acauisition Program. This land, which is approximately 31 percent of this Citv's acreage. will be set aside for conservation purposes. This will preserve these environmentallv - sensitive lands from future, development pressures. In addition. the Citv adopted its Natural. Resources and Environmentallv Significant Lands Code in 1993. This code calls from the minimum 25 percent preservation of upland native plant communities within a proposed development site.. The code aisa calls for the preservation of wetlands and it allows the mitigation of wetlands onlv if specific criteria are met. Since the GQd,- adoption, three residential developments, Bent Tree. Sanctuary, aid the Gardens Country Club, have been required to preserve large quantities of environmentally - sensitive lands on the development sites. The Citv_ codeS not only help prevent urban sprawl within the commVnity. It also pre$erved the City's natural resovrQes. The Urban Growth Boundary will compliment the PDA Qveriay by specifving_ the type and level of public Services that will be provided in the rural ver$us the urban area. Persons and businesses desiring a full compliment of services should locate east of the UGB, within the urban area. Existing Sources of Revenue and Expenditures The City of Palm Beach Gardens has available to it a number of revenue sources for operating costs and capital improvements. Most of these sources are discretionary and may be used by the city for whatever purpose deemed appropriate while other sources may be used only for specific programs. Therefore, except for the designated funds, the city uses a lump sum total for all discretionary funds for budgeting purposes and does not assign specific discretionary revenue sources to specific expenditures. CIE - SUPPORT DOC 12/97 9 -7 Ear -based Amendment The following section lists revenue sources currently available to the city and indicates whether their use is discretionary or dedicated. Taxes AD VALOREM TAXES Ad valorem, or property taxes, are based on two types of property: real property (land and improvements), and tangible personal property (business fixtures, equipment and machinery). Ad valorem tax rates are expressed as a mileage rate, which is applied to taxable values to calculate the property tax to be paid. One mil is the equivalent of $1 per $1,000 of assessed value or 0.1 percent. Revenue from the ad valorem taxes may be used to fund both operating expenditures and capital projects. The value of property for tax purposes is established by the County Property Appraiser, an elected and constitutionally established officer. All property is appraised at its just value according to section 192.042 and 193, F.S. Florida Statutes limit each taxing_ entity to a tlic Gvu.L Ly- wi_U'e Late to a maximum millage of 10 mils, excluding voter - approved debt service. Current Status: Ad valorem revenues represent the City of Palm Beach Gardens' largest single revenue source. These funds are discretionary in their use. The city millage rate, excluding voter - approved debt service, for fiscal year 1997 -1 98 3988 -=1983 is 3.9147 3.558. The 1996/1997 aggregate assessed value is $2.908 1.309 billion, a 5.0 9.0 percent increase over the previous fiscal year. The increase is due to re- evaluation of existing construction and to new construction. The total city taxes, including noted debt for FY 96/97 88f89, are expected to be $11.387 4.775 million. LOCAL OPTION GAS TAX The state provides for a twelve s-ix -cent local option gas tax. State statutes call for the revenue to be used for transportation expenditures. In Palm Beach County, all six cents of the local option gas tax are currently being used to finance the five year road program. The county receives approximately two - thirds of the local option gas tax revenues, the remaining CIE - SUPPORT DOC 12/97 9 -8 Ear -based Amendment one -third is shared locally interlocal agreements. among municipalities based on Current Status: The twelve six -cent local option gas tax generates approximately $48.5 X5.0 million per year. Palm Beach Gardens receives over $400,000 200,000 annually. FRANCHISE TAX Franchise taxes are levied on the revenues received within the city by Florida Power and Light, Southern Bell and Telegraph, aii" Adelphia L.e"Lel Cable Television Company, and the Solid Waste Authority.`? Current Status: Franchise taxes generate approximately $2.363 1.053 million annually. ReVell LLC 6 LL VIII L'Lle7C .1.VUL1_.=A aLC us=," 1.17 1111 Q111.0 i L _ _l _ 1_ i 1.110 U=1.JL .7CL V1l.0 L C li U_L L C I l lC l l l..7 lJt 1..11=^ 1707 zc_V CIIUC DVllU e7 1110 l.JV 11Ub LCCt �.. Ll iila�ui. iLy 111 1707. LICENSES AND PERMITS These fees are collected by the Planning and Zoning, and Building Departments for the issuance of building permits, occupational and contractor licenses, and plan reviews. Current Status: Approximately, 81.53 million $705,000 per year is generated by these fees. The use of these funds is discretionary. Intergovernmental Revenues STATE SOURCES The City of Palm Beach Gardens receives annual disbursements from the State of Florida to supplement its annual operating and capital budget revenues. The city currently receives shares of the state's cigarette tax, alcoholic beverage tax, half -cent sales tax, and other miscellaneous state - shared revenues. These revenues contribute approximately $2.277 1.4 million annually to the city. Current Status: Cigarette Tax - Cigarettes are currently taxed at 33.9 24 cents per pack, of which 5.81 of net collections 11 cents is placed in a Revenue Trust Fund for cities. The City of Palm Beach Gardens received approximately $1.8 milllpn $00,000 in fiscal 1994 13GS. Alcoholic Beverage Tax - This fund generates approximately $24,OOp 10,000 annually in revenues for the city. Half -Cent Sales Tax - The current sales tax in Florida is 601 and is levied upon retail sales, commercial rental, admission fees to CIE - SUPPORT DOC 12/97 9 -9 Ear -based Amendment entertainment facilities, and motor vehicles sales. One -half cent is returned to municipal governments. The City of Palm Beach Gardens receives $1.$ 1.1 million annually. Cli�JC trLS Lki Q 1QtyC 111VlCCL.7C 111 1.11000 1=V=11LLCb li I. Cl LL.7C lJ L CL LIICL1 JLCl1 1111..1. CCL.1. C yll I., V II IL IICt I. l CL L a QI..0 . Mobile home licenses - This fund generates approximately $15,000 annually in revenues for the city. Countv Occunatignal License.$ - These licenses contribute approximately $65.000 annually for the city. Other State Shared Revenues - This category includes all other miscellaneous state shared revenue sources such as fuel tax refund, motor vehicle licenses, motor boat. licenses, beverage license tax, and insurance license tax. These revenues total approximately $500.000 500,330 annually for the city. Charges for Services User charges are designed to recoup the costs of public facility services by charging those who directly benefit from them. They are employed in many areas of local government service to defray the cost of constructing and maintaining public facilities and are a common source of funds for paying -off revenue bonds. As a tool for affecting the pace and pattern of development, user charges may be designed according to the quantity and location of the services provided. Current Status: The City of Palm Beach Gardens collects fees for the use of cultural and recreation facilities such as swimming pools and tennis courts. These fees generate approximately $40.OQ0 26,000 in revenues annually. In addition, fees are currently being collected fQr EMS transport, false alarms. enc_rineerina, oarkwav tree sales, administrative services, and the use of the c1tv's golf course. The golf course fees amount to aooroximatr;!ly $1,$ million annually, while the other fees contribute approximately $1.4 million annually to the City. Fines and Forfeitures The city collects $200,000 00,000 annually for minor violations of city ordinances and regulations. CIE - SUPPORT DOC 12/97 9 -10 Ear -based Amendment Miscellaneous Revenues IMPACT FEES Impact fees, as they have been used in Florida, assess to new development a pro rata share of the cost of providing the additional public facilities required to meet the needs of the new development. These fees are designed to pay for infrastructure needs, but not operating costs, which result directly from new development. In order to comply with legal standards, impact fees must be reasonable (fairly reflect the cost of the improvements) and equitable. Current Status: Road Impact Fee - The city currently collects a Road Impact Fee for Palm Beach County. These funds are transferred to held by ,- -- - - U l i%y ilu%ll 1.11Cy aL� 3JUUyc�cu LJy the county for transportation improvements _ in the county's zones A through D. a" a ea cltl Cllullly L_ it_ _l_ -1_ it _ l LLcjt,, 45tll SL c=eL Dii west Palm Becu -11 D L11C McLt 1.111 I.VUlll.y 1111=. Approximately $1.1 million 261,000 are added annually to this fund. Currentiv. the citv is considerincr a city road impact fee for fiscal vear 1998/1999. No fee aeneration fiaures are available. 111 1700, 1.. i1C VVI. CL.7 VL rCLllll DCGll.al 1_UUll L.y V1.J1..CU 'LJy LCLCL C11UUlll t-lJ GL11VW 1..11= 1..V11C1.: 1..1 V11 VL I.VUliLy -Wlde LCI.,t CQ1.1 Vl1 GL11U .71.. L1V V 1 l llljl Ql.. L L CCb 111= 1..V 11C 1. 1. 1 V 11 VL 1. CCi7 WVUlU U= 111 Lu1.11 L I L%., VL Y VI. CL L GL11U -- - -- - - - -- - - `-t- LL111111:Vt�JVLCII..CU se,_1..1Vllb DL 1.11= coui-iLy. . LULLellLly 11V 7 U1..11 LCC.7 Gl _� - d-_ 110. V C 1JC CL1 cIUV�.J I..CU, 1JLL 1.. L C .71..111 L.i11UCt I..VL1blU CL C11. 1 V 11 . In 1995, the city began tQ collect impact fees from new development for police and fire protection. It is estimated that a total of $80,000 will be collected durincr the 1995/1996 fiscal vear. NQ protections have been made for these revenues. The citv's Code of Ordinances was recentiv amended by Ordinance 39. 1997, tQ include EMS and park and recreation facility impact fees and increase police and fire protection impact fees. NQ collected dollar amounts are vet available fQr these revenues. IQwever. accQrdincr to a memQranduM by James Duncan and associates; the increase in police and fire fees is expected raise annual revenues by 1004 to 123o. The commencement of the park and recreation facility im_oact fee is anticipated to increase annual revenues by 5411. INTERIM SERVICE FEES Interim service fees are collected from all new development prior to their addition to the tax roles. The funds are used to finance solid waste disposal services and amount to more than $30.00Q 20,000 annually in the city. CIE - SUPPORT DOC 12/97 9 -11 Ear -based Amendment INTEREST The City pools significant amounts of cash and investments so as to maximize earnings and facilitate management. Cash and investments of certain funds are maintained separately due to legal and bond requirements. The interest earnings of each fund are dedicated back to the fund which provided the invested cash. Current Status: The city currently earns approximately $600.000 375,000 annually in interest. Other Miscellaneous Revenues Current Status: Approximately $150,000 100,000 in various revenues are anticipated annually for the city. Special Assessments Special assessments are levies approved against certain properties which will directly benefit from a new service or facility. Revenues from special assessments help defray the cost of specific improvements on services. These improvements on services are presumed to be of general benefit to the public and of special benefit to the assessed properties themselves. Current Status: The City of Palm Beach Gardens levies no special assessments currently. However, several special assessment districts under the jurisdiction of the Northern Palm Beach County Improvement Wate.L CkDnL of District (NPBCWCID) are located within the city limits. The assessments in these districts would pay for roads, canals and stormwater management systems within large developments such as PGA National, Frenchman's Creek and the Regional Shopping Center. The MacArthur Foundation has proposed establishing special assessments districts in the areas that are to be annexad by the City of Palm Beach Gardens. The NPBCWe_ZD would collect the assessments and funded the construction of the roads, canals, stormwater management system and the proposed nature /pedestrian trails. Growth would then pay for itself. Some revenues, however, would be shared with the cities to improve existing arterials. Borrowing GENERAL OBLIGATION BONDS These bonds are backed by the full faith and credit of the local government and may be issued only if approved by voter referendum. General obligation bonds are among the most stable CIE - SUPPORT DOC 12/97 9 -12 Ear -based Amendment financial instruments and are available to individual and institutional investors at low interest rates. Revenues collected from ad valorem taxes on property and other sources of revenue, including sales taxes, are used to service the government's debt. Capital improvements financed through general obligation bonds should benefit the entire community rather than particular areas or groups. Current Status: in 13G O, slim Ci%y', vG%cis au%i7vLi��u %i1C r -_ J UV11.7 1.1 UlrL1V11 GL11U LUL111 .7111111. VL Q l.. V ll lllLUlll l.y QI.. L..1V11.1 C.7 1.JLL11U1111, . - l _ _ .ti- 1110 V11y 111 G11 -CI LIlV LLL1L Vl L. 110 1VG111 WCLb .71, J_77, V70 Gt11U WGl.7 VV 3.JG .L CL J_ LLLJ L L L CI IA VCL 1VL ClLL L. CL 1, LCVC11UCb 1111.7 LVCLli l.JCCil .7 1111..CLCAI. at mt_ _• _ _ 1_ i 1 1 1_ _ / �JCLC�GIIL.. .JCL 011111 LL111. 1111.7 UCIJL WlL1 I-) LC L.. ILCU. JCPI. CLLL1J=L 177 The citv issued a bond in the amount of 54,400.000 in December 1.996 to carnally oav for the cost of a new Citv Hall, police station. an addition to the main fire station, recreational improvements tQ Gardens Park, and the aca_uisition of Westminster Presbvterian Church. The bonds have an interest rate of 4.95%, and principal payments will be made from December 1, 1997 through December 1, 2016. More bonds will continue to be issued through Septembez, 1997 until a total of 512 -14 million in obligation is reached. REVENUE BONDS Revenue bonds can be broken down into two categories: non -self supporting and self - supporting debt. Non -self supporting debt refers to those bond issues which are supported from specific revenue sources other than property taxes and enterprise earnings. Self supporting debt refers to bonds of enterprise operations which generate sufficient revenues to meet the debt service requirements. Revenues obtained from the issuance of these bonds is used to finance publicly owned facilities. Charges collected from users of these facilities are used to retire the bond obligation. Interest rates tend to be higher than those of general obligation bonds, and the issuance of the bonds may be approved by the City Council without voter referendum. �- _Current Status: r15 ,j' L_11a City Vf Pa-.14-1 0CCLlr11 - - VGIL UCL1.7 11CL.7 11L.J V Ul..7l_CL11U 1.11 L C V C11UC l.JLJ11L.1.7 . A revenue bond was issued in 1990 for the purchase of the city's aolf course. for approximately $8.'1 million. ale of September. 1996, the citv had an outstanding balance of 57.9 million, with an interest rate whieh varied from 6.6% to 7,25 %. CIE - SUPPORT DOC 12/97 9 -13 Ear -based Amendment Grants The City of Palm Beach Gardens is eligible to apply for both federal and state grant funding. Grants are awarded to local governments for community and social service needs and capital improvements. These grants may be received directly or may be passed through from an agency, to be administered by the city in accordance with appropriate guidelines. Current Status: Ti7c ciLv _Leccived 61 fs.GTl 1500 tG 1�302 fLCJUI ., L.Ine C 11.1E 1u0. 1JC �.10.J �1L C�10.L0.L1V11 VL 1..11C $150.000 from the . I. U1C 111, VL L.V llllll LL111 t A�LL0.1 -L 5 l.V C& ZD .7101. 1�11C 1.1. 1.y �.7 1. Vlllr1L C11C 11.71VC PIELrl. The city X'P C!'I,Ved state of Florida for the conversion of city vehicles to natural aas fuel. In fiscal ve4r 1997/1998, the city will receive $210,000 from the state for the construction of a fueling station at the public works site. Data Analysis LOCAL PRACTICES FOR GUIDING PUBLIC FACILITY IMPROVEMENTS The City of Palm Beach Gardens uses the annual budgeting process to identify capital improvements and staffing requirements. Each of the city's departments identifies staffing ' and capital improvement needs they wish to have funded in the next fiscal year. The City Manager assembles all funding requests and presents a prioritized list to the City Council. The Council then holds public hearings, hears public input, and then votes on the improvements and staffing levels to be adopted as part of the city's budget process. Not included in the process are capital improvements that are funded through long -term bonds or services and facilities that are provided by private suppliers and other public agencies. The direct cost of these facilities are paid for by the service user through impact fees, users fees or other special assessment. The city prioritizes requests for capital improvements using two factors; the immediate need for improvement and the availability of funds. Those improvements, which if not completed will have significant impact on public health, safety and welfare take priority. Additionally, adopted level of service standards will guide the location and timing of capital improvements to support efficient development and the goals, objectives and policies of the Future Land Use element. The plans of other agencies including the South Florida Water Management District, Palm Beach County Traffic Division, and Seacoast Utilities Authority will also be considered and will assist in guiding the location and timing of capital projects. Those improvements for which a specific revenue source is available are given priority over those requiring discretionary CIE - SUPPORT DOC 12/97 9 -14 Ear -based Amendment funds. The amount of discretionary funds available and the need for the improvement will determine which of the remaining improvements will be funded. Fiscal Implication of Existing and Projected Deficiencies EXISTING AND PROJECTED DEFICIENCIES As discussed in other elements of this Comprehensive Plan, the City of Palm Beach Gardens has no existing deficiencies. However, there are projected needs uCL11.1C1111C7 in parks and recreation facilities and poliee and fir�lems services. It is expected that impact fees and developer contributions will meet most of these needs. hpwever, a bond issue: may be necessary for , -- - , -r, - r a new fire station, By 1-110 yCQl Gvvv, Q UG1. 11.11_ VL 1J.0 i ,__ � mot-- �- -�- ciVLC.7 VL �JQltt 1Q11Ub 1.7 NL V J cI., i_. CU, 1JQ.7C1.1 Vll 1.1/0 lQl_G.71.. P k_JP11J.Q1.11J11 L 11J. LLLCb 11.. lb 1.11QL 1..110 UC111.1L W111 LJC LGVCLTrCU 1J l-L1C _ r __t_ _ _ t_ _ _ t- _ 1 _ Q U 1.7_L _L V1i VL L1CW rJQt11 1Q11 U.7 W1L11 lIIV LLLCS 1:V11C1. 1.CU LJy Q LC1: C111.1y Cl1aC.i.�u LC1 LCQ11V11 Q1iU �JQln LQ1 1111 -y 1iuJdlr% LCC VL111110.111 C. iulZJaui- LCCZ7 LVL PV 1._LCC Q111.1 11LC 110LVC QlL CC1Uy 1J C 011 111 &_L GL C 51111..0 1733 1110 Lit-y, 11VWCVCL, 1.7 l-V C1itJCL1C111.0 Q UCL1l.l Clll.,y 111 LCI:L CQl..1 VLl LQ1.1111.1C.7 1.Jy J. J 71 UUC 1.V 1.110 p i:oj C1. l-CU y,:, W 1.11. As a LC .7 UlL, 1..110 1.. ity, 111 Ql- 1.VLUQ111.0 �1_ il_ _ 1 _,_ - _l _ 7 -1 il_ - W11-L1 1.110 yvalo, ViJJ CV1.LVC.7, QilU 1JV111:1Cb 1JL 1-110 _ i - t _ r CQI._L VLl QL1U Vpe 11 Spa,...0 L.1 ClllC lll-, PuldI is Sal_=Ly J Q UL I✓1Cll1C111., all 1.1115 ClClllClll., W111 Cbl-Q1J11b11 LCIrlCQLlVIi 1lllpmcL LCCb Q11U VV111..0 Q111A L_LLC _LL1LJl011:1- LCCA L,y 1.110 Cull ® ® ® ® ® ® ®® -r 'L nn, V 1 1 7 7 1. 1110 CL.uU %i1:Jil �J.L tiL=_SC Poli Ge f re ems anci Darks/recreation impact fees will insure that growth will pay its pro rata share of facility improvements. The impact fees will also insure that no negative fiscal impacts will be incurred by the city. The recreation y needs costs and revenues, and police and fire defrc-tenzcy needs- costs and revenues are discussed in more detail in the Capital Improvements Implementation section of this element. PUBLIC EDUCATION AND HEALTH FACILITIES The School Board of Palm Beach County has three two elementary schools, twQ arre middle schools, and two cn= high schoolLS within the City of Palm Beach Gardens. Palm Beach Gardens Elementary on Riverside Drive aenexaljy serves the northwestern portion of the City. Allamanda Elementary on Allamanda Drive provides educational services east of the FEC railroad tracks. Timber Trace Elementary generally serves the Citv's developing_ areas north of PGA Boulevard, Other portions cf the City are served by schools within the boundaries of North Palm Beach. Howell Watkins Middle School on MacArthur Boulevard, and Watson B. Duncan Middle School off Central Boulevard, Palm Beach Gardens High School on Qiid Holly Drive Z�sJecti�ely and Dwyer High School, on North Military Trail serve students citywide. The School Board establishes school attendant° CIE - SUPPORT DOC 12/97 9 -15 Ear -based Amendment boundaries to achieve racial balance ob-_iectives. As a result, uroximity to a school is not an indicator of attendance assianment to that school. 111C J1.11VV1 DVQLU 11QD t,/L VpV�CU Qll QUU11.1 VL1Q1 Lllyll w1. 1..11VV1 Q11U 1.11 UU1C J 1�11VV1 l.V LJC 1V1:Q l..CU 111 1.11C 11VL 1.11CL11 h. C1: 1.1 Vll I. 1.11C 1.1 LY 111C .7G -_l.. �nnn� r.. __ _ _r LQl.1111.1 C.7 QLC b1Ql...CU l.V VjJ C11 111 L11G CQ11y 1J7V .7 111C 1lll�J Ql.. I.A VL 1.110 JI -UVk.J b CU I. CL 1:1111. 1 C.7 kill 1.LLC t.L l.y b 111LL Q.7,l.t lllr I-LLLC L1QVC iJCCll �_ __ �.,__ mot_ L Q1LC11 1111.V 1. VLLb1UCL Ql..l VLL 111 Q55c�� illy 1.110 11CCUA LV1 1.11C V al. LVLLS �J ULJ111.: 1Q1.:1111.1 e Q11U .7 GLV11: G.7 1VV 1 ill. LQAl.l L".1 L_ UL C; UCLLU1CL11.LC.7 QLC ant 11.:1fJQ 1.CU UUC l.V 1.11C ID I: VVV .7 CU .71111VV1.7 A branch campus of Palm Beach Community College, located on PGA Boulevard east of AlA, provides continuing education services to the northern portion of palm beach County. There are currently no plans to expand this facility. Florida Atlantic University currentiv has a branch campus JQcated in the Northcoro Center which serves residents of tkie city and surrounding_ areas. The Universitv anticipates, building a full campus in Jupiter within the next 3 vears, and will move all facilities to the new campus when completed. Palm Beach Gardens Medical Center on Burns Road is the primary health care facility within the City. This facility provides health and emergency care services to the residents of the City and the surrounding areas. 111CLG 1.7 uV ulaJvt C11�JGL11DLV11 JJ1QL111CU LVL till idsiil%y L/GLVLC 1335. A multi-phase expansion prgJeet GQmmeneed in 1997. Assessment of Ability to Finance Improvements GENERAL BUDGET Although the City of Palm Beach Gardens has few projected facility deficiencyie$ for which it is responsible, revenue and expenditure projections are important for the planning of improvements and programs it wishes to undertake. The most important source of revenue is the ad valorem tax. Although the city's millage rate has decreased slightly since 1987, the assessed valuation has continued to increase. The major factors which have influenced the increase in assessed property values are the revaluation of existing construction, land adjusted to E 3° current market values, the addition of developed properties in annexation areas, and new construction which is added annually to the tax rolls. Of Florida cities with areater than 25.000 residents. Palm Beach Gardens is the fastest arowina municivality (bv percentage) in the CIE - SUPPORT DOC 12/97 9 -16 Ear -based Amendment state. According to the University_ of Florida Bureau of Economic and Business Research (BEBR) . the citv's ooAUlation crrew 38.9501 from 1990 -1996. This statistic is sunnorted by the citv's records of single familv building Hermits issued between 1990 and 1995. Based on a hicrh of 1.517 and a low of 505 oermits issued, the average was 761 permits per vear. The city is witnessing the addition of 800 single family residences valued at $250,000 to over one million dollars, 400 multi- family units and over 600,000 square feet of commercial space per year. Total projected revenues from all sources are shown in Table 9 -1. T -- ' , _ , -,_- ,- , _ - - - ' -- 111C 1:11.Y 11QA V11C 1VLLy -L.CL III U U L..7 L.0.1111111y 11C JJ L. L.V JJC JJ0.1. L.1 LL VIII L. 11C r.,,_ _ i - ,- _ , , _ , _ ,_ _ , y C11CL0.1 Lu1lU. 111-L UC L.JL LA .71110.1.1. LC _L _L C L.V 1. 11G l._L . L.V 1.0.1 1AC JJL .7C1 V 11 C %;CLPCLl lL y o11V Ulu 1.110 "'_Luy uC.7-i.L _L L_ illQY _L C7 LAC 1J V11Ub LVL 0. UVL1b _L kA QIJLC QIIIV UllL J. Q1J1C 7 -G UC.7 l.,t LiJ es VQL IV U.1. uCJJL LQ1.11JZ' U.7CU 1.V QL1U 0.110.1yL.0 L.L1C uCJJt_ kdsit11J11 Qllu ,_cL&0.1JL111.LG27 V1 L,11G Cil_y. . NET GENERAL OBLIGATION DEBT TO TAXABLE PROPERTY VALUES The first ratio presented in Table 9 -2 is the ratio of net general obligation debt to taxable property values. This ratio indicates the proportion of general obligation debt, net of any debt service reserves, to the taxable values that can be assessed to support that debt. Ratios in the range of 3 percent to 5 percent are considered acceptable. Palm Beach Gardens currently has a ratio of Q,QJQ 0.1401. This ratio is projected to increase to 0.3101 in fisc4l year 199�/19�7, and then increase Qnce again in 1998 with the expected issuance of bonds to finance construction of a fire station. oublic works facility, and the ourchase of a district nark. -- ^^ '-a _I - ^^ ^� _ UCL.L G0..7C l.V V V V 73 JJy 1.11C 11.71..0.1. yCat 1J7Y'7J . CIE - SUPPORT DOC 12/97 9 -17 Ear -based Amendment TABLE 9.1 PROJECTED REVENUES CITY OF PALM BEACH GARDENS Source: Palm Beech Gardens Finance DepanmenL 1997 97198 98199 99/2000 2000!2001 2001/1002 TOTAL AD VALOREM TAX REVEN 12,275,000 13,095,000 13,880,000 14,355,000 15,508,900 SALES AND USE TAXES LOCAL OPITION GAS TAX 550.000 555,000 570,000 585,000 600,000 FRANCHISE TAX ELECTRIC 2,385,000 2,500,000 2,815,000 2,725,000 2,875,000 TELEPHONE 72,000 75,000 77,000 81,000 88,000 CATV 220,000 230,000 240,000 250,000 275.000 SOLID WASTE 51,000 52,000 53,000 57,000 62,000 INTEREST 20,000 15,000 15,000 15,000 15,000 LICENSES AND PERMITS PROFESSIOAL AND OCCUPATIO 835, 000 860,000 900,000 940,000 985,000 BUILDING PERMITS 875,000 875,000 875,000 875,000 900,000 STATE SHARED REVENUES CIGARETTE TAX 90 ,000 90,000 90.000 90,000 90.000 STATE REVENUE SHARING 595,000 805,000 620,000 635,000 685,000 MOBILE HOME LICENSES 18,500 17,000 17,500 18,000 18,500 ALCOHOLIC BEVERAGE TAX 28.000 29,000 30.000 31,000 32,000 HALF CENT SALES TAX 2,115,000 2,275,000 2,450,000 2,625,000 2,825,000 OTHER STATE SHARED REVENU 11,000 11,000 11,000 11,000 12,000 COUNTY OCCUPATIONAL LICEN 67 ,000 68,000 69,000 70,000 72,000 USER FEES: CULTURAL AND REC FIRE INSPECTION FEES 75,000 75,000 75,000 75,000 80,000 EMS TRANSPORT FEES 535,000 575,000 610,000 650,000 690,000 FALSE ALARM FEES 3,000 3,000 3,000 3,000 3,000 SWIMMING FEES 21,000 22,000 23,000 24,000 25,000 TENNIS FEES 10,000 0 0 15,000 25,000 ENGINEERING FEES 55,000 125,000 175,000 175,000 185,000 PARKWAY TREE SALES 8,000 8,000 8,000 8,000 8,000 ADMINISTRATIVE SERVICES 792,000 898,000 989,000 1,050,000 1,121,000 GOLF COURSE 1,969,500 2,108,125 2,235,800 2,367,350 2,498,000 COURT FINES 305,000 315,000 325,000 335,000 350,000 INTEREST 840 ,000 845,000 850,000 860,000 875,000 INTEREST ON PROPERTY TAXES 32 ,000 34,000 36,000 38,000 40,000 MISCELLANEOUS REVENUES INTERIM SERVICE FEE 21,420 22,705 24,087 25,532 27,084 OTHER 92,698 98,260 104,152 110,401 117,025 REVENUE TOTALS 24, 985, 118 26 ,481,090 27,970,539 29,099,283 31,065,509 LESS: OPERATING EXPENDITURE 24, 816, 878 25, 738, 935 26 ,111,553 27,247,466 28,898,749 AVAILABLE REVENUES 348,240 744,155 1,858,986 1,851,817 2,166,760 Source: Palm Beech Gardens Finance DepanmenL 1997 INDICATORS Population Est. Tax Values (in 1000 's) General Operating Expenditures CURRENT BOND DEBT General Obligation debt Total Debt Annual Debt Service Revenue Bond Debt Total Debt Annual Debt Service FINANCIAL RATIOS Ratio Net General Obligation Debt to Taxable Value Net General Obligation Debt Per Capes Annual Debt Service General Obligation to Operating Expenditures TABLE 9-2 CITY OF PALM BEACH GARDENS DEBT SERVICE DATA AND RATIOS 1995 -2002 95/96 96/97 97/98 98/99 ACTUAL BUDGET PROJECTED PROJECTED 31,011 31,909 33,229 35,609 99/00 00/01 01/02 PROJECTED PROJECTED PROJECTED 37,989 40,369 42,484 2,765,608,000 2,908,790,000 3,078,980,000 3,198,980,000 3,308,980,000 3,418,800,000 3,528,980,000 20,079,513 22,235,975 24,118,338 23,685,354 24,045,943 25,166,315 26,804,388 95/96 96/97 97/98 98/99 99/00 00/01 01/02 ACTUAL BUDGET PROJECTED PROJECTED PROJECTED PROJECTED PROJECTED 222,728 9,000,000 9,000,000 18,265,000 17,695,000 17,085,000 16,195,000 243,609 97,405 775,000 1,145,000 1,530,000 1,555,000 2,206,900 7,765,000 7,575,000 7,370,000 7,155,000 6,925,000 6,680,000 6,415,000 742,783 745,433 741,903 742,605 742,195 745,535 742.250 95/96 96/97 97/98 98/99 99/00 00/01 01/02 ACTUAL BUDGET PROJECTED PROJECTED PROJECTED PROJECTED PROJECTED 0.01% 0.31% 0.29% 0.57% 0.53% 0.50% 0.46% 7.18 282.05 262.38 495.34 438.33 393.7 347.15 1.21% 0.44% 3.21% 4.83% 6.36% 6.18% 8.23% Source: Palm Beach Gardens Finance Department, 1997. NET GENERAL OBLIGATION DEBT PER CAPITA This ratio indicates the net amount of general obligation debt per person in the city. Per capita debt ratios of $300 to $500 are considered acceptable. The city's current ratio in fiscal year 1995/1996 was 57.18. 1967 -1900 wa6 $73.02. It is projected to "eci CQ6c LV Yo . _54 'by fiscQ1 Ycai 1934-1335. increase significantly in future years. (to $495.34 by fiscal year 1998/1999,) NET GENERAL OBLIGATION DEBT TO TOTAL OPERATING EXPENDITURES This ratio is that of the annual debt service obligation debt to total government operating expenditures. Ratios less than 10% are considered acceptable. The city i _L i�� fiscal „ t_„ y C Q t 1 7 0/ - 1 7 0 0 was Y. l b. 1 1 W 1 1 1 L Q 1 1 tJ C L !.0% 111 11.71..Cil yCC1L 177V -1771. Current ratio in fiscal. vear 1995/1996 was 1.2101. A decrease is exoected i,n 1998, with subsequent increases in followincr vears. III. CAPITAL IMPROVEMENTS IMPLEMENTATION of general This section addresses public facility deficiencies for which the city has financial responsibility in accordance with Rule 9J- 5.005(1)(c) and 9J- 5.016(4), Florida Administrative Code. As discussed in the other elements of this Comprehensive Plan, there are only limited facilities for which the city has financial responsibility. These include all local roads and two collectors, a limited drainage network, police. fire /ems, and recreational facilities. Major transportation links and potable water,sanitary sewer, solid waste, and drainage systems are under the jurisdiction of other public agencies. Thus, while some of these systems have existing and projected deficiencies, they are the financial responsibility of other agencies. As a result, these system deficiencies will not be addressed in this section. ..._- f f _ „, _-_., _ � -r Transportation iLQLCI \..iL V{.iiQlii V11 All arterial roads within the city belong to either the county or the state. The city is responsible for only the local streets and two collectors. Only one of these city facilities have either an existing deficiency or a deficiency projected within the next five years. As is discussed further iT� the Transnoration Element. Burns Road cannot be expanded to its olanned cross - section until Z -g$ is widened and m the Burns Road underpass is of a width aunropriate for a 4 -lane collector. This I -95 improverpen will not occur within the next five vears. therfore Burns Road, is a temporarily constrained facility, The only CIE - SUPPORT DOC 12/97 9 -20 Ear -based Amendment expenditures necessary for the city -owned street system are ongoing maintenance. The maintenance costs are covered under the operations portion of the city budget and do not meet the cost threshold ($50,000), established by this Comprehensive Plan to be classified as capital improvements. The City's traffic standards, concurrency management system and the Countywide Traffic Performance Standards require deficiencies and needs to be met prior to additional impact. Should project - generated roadway needs occur in the future, the City shall require as a condition of approval, all improvements to be programmed for,completion or be carried out by the specific development(s). Sanitary Sewer and Potable Water The potable water and sanitary sewer systems within the city are owned by the Seacoast Utility Authority (Utility Authority). The Utility Authority was previously under private ownership but was recent±p purchased by a consortium of cities,' including Palm Beach Gardens, and the county. However, the Utility Authority is a separate entity with its own revenues, expenditures, and staff. Therefore, the City of Palm Beach Gardens has no fiscal responsibility concerning the operation, maintenance or expansion of the potable water or sewer systems. Solid Waste Through the use of an independent contractor, the City of Palm Beach Gardens provides residential solid waste pick -up. However, under statutory agreement, all solid waste generated in the city must be taken to facilities owned and operated by the Solid Waste Authority of Palm Beach County (SWA). Thus, the city has no financial responsibilities for any solid waste disposal facilities. Drainage Surface Water Management The city owns portions of a small drainage system located in the oldest portions of the city. No existing deficiencies have been identified, as the existing development meets the established level of service standards. While the areas served by the facilities are almost builtout, any redevelopment or new development will conform with the level of service standards established for new development. Therefore, no deficiencies are projected. Sub -basin drainage studies and post- October 1995 flood system assessments may identifv improvements needed to maintain level of service, few- of these improvements may be'needed in the Citv_'s limited, pQrtXon of the surface water management system, Tire At this time. the only expenditures necessary for the system are ongoing maintenance. CIE- SUPPORT DOC 12/97 9 -21 Ear -based Amendment The maintenance costs the city budget and established by this capital improvements. are covered under the operations portion of do not meet the cost threshold ($50,000), Comprehensive Plan to be classified as The remainder of the drainage system in the city is under the jurisdiction of the Northern Palm Beach County Improvement Watez euntial District (NPBCWCID) who. is responsible for the system. operation, maintenance, and expansion. Existing development conforms with the established 1'evel of service standards, therefore, no deficiencies have been identified. All future development areas of the city are expected to be serviced by NPBCWelD systems. These systems shall meet the level of service standards for new development. Recreation The City of Palm Beach Gardens is entirely responsible for providing recreation facilities to residents of the city. The county provides some regional facilities in areas near the city; however, the recreation level of service standard established by this plan includes only city -owned neighborhood and community facilities. Therefore, the city is solely responsible for insuring the level of service standard is met. Table 7 - *_a in the Recreation and Open Space Element Support Document of this Comprehensive Plan indicates the city will have needs for additonal imnroved park_. land durina the next five years. a will TI-16LVc a X6.6 _ a�LC in 199. As discussed in that element, this deficit is to be made -up through new development dedications and fees collected ,through the recently enacted a pLiNosed recreation impact fee_ tc., ;,c au�rt�u NLi 'DL to 1090. The recreation impact fee is to be designed such that all new development will contribute land and /or funds at a level necessary to maintain the adopted level of service of 3.7 3.5 acres of park land improved with recreation facilities per 1,000 permanent residents. Table 9 -3 indicates the amount of acreage and expenditures needed to address the projected parks and recreation deficit. As the table shows, there are some land needs bea_innina in the year 2000. This defigienoy may be eliminated through the improvement of an 8- acre parcel on Howell Lane that was dedicated to the City for recreation purposes, vet remains vacant. The Citv also has a 9- acre parcel which it gust purchased on Lilac Street which is beina planned for recreation facilities. Improvement of this site will eliminate the protected defic_iencv in 2001_. and reduce the need in 20Q2. iS, C11V Uyll AUt �/11.1A Clil .7 l.. Illy 111 111C 1. J. l.y VV l.Qlt�/ 1.L LL11VLLyll 13 3 S ,- _ , , . � • The L11C ycal 177:J W11. 11V 1.LL 0.11y auU1l.1 V11Cil �.1 GLt It 1111�1LVVClilC ll�l. .7. acreage needs are calculated by multiplying the projected population for each year by the adopted level of service and then subtracting the inventory from the previous year. The population projections are for the permanent population as shown in Table 1 -2 of the Future Land Use Element. The precise location of CIE - SUPPORT DOC 12/97 9 -22 Ear -based Amendment 4.) m e l �A ri M 0 o o a M 14 m b H a th U •W rl 04 01 }� O U •� W ya W H O m H a r-Ii •� w rO o(1)� � W U •r N U 14 tai N .0 � V � •ri N w 5, 0 c� N r-I t>s U w U U U U U U U °a 0 H m H w F a m W W W W W W W v d• v V� V� d� � �D lD lD lD 1D tD %D 4 H 0 0 0 0 0 0 0 in Ln Ui ui Un m rn rn ON ON m m A A A A A A A �+ -rl w w w w w w w b b b b 'o b 'b UI to fA N U! U1 UI ro ro ro ro ro ro w v v W �4 �4 �4 S4 is �4 �4 EQ m m m w N N N N N E N 0 0 � o o o � E E E E E E E ri H rl rl -r1 rl -r1 z z z z z z z w °a 0 H m H w FEC a a m H A w o rfj Ul Ul W > a (D a a) U �•' W .H 11 11 rl td W H 7Nl H .a ri U U }4 r I rd a s a a n FJ4 H H i7 PO Oq a b x a 0 0 0 cd ri 0 0 o 0 ° p `� O N i4 N 4-) 00 co lD N I I 0410 m N o o +ir -rf a) U A C o v o °p m -ri o 0 0 41 O O O Ul N QR7 + > O O ° E Q H I O � O O p U fr" ri m �i O r N r•-1 W ¢( ° ° a « <�ir V). 11 U a) (d -rl td o .� �► o O O o O 'd .ri •ri U o O 0 0 0 0 0 0 .1.," 0 0 0 0 o a) N U W o (d O N a) 41 4C" 1 O r r-( M N O M > , .O 44 N <• </I- <n <ir <I(d ir O Ei U E M a1 q ( (d W,� m -H (Ud O w 144 o Ul 0 U (3) Iii (±� -r'� I I I I I rt (d .0 U H� H N O p <4j). i i W 3 a •ri N U (d 0 m 00 rcl (� d 3 U w Q' ri ri ( 00 0 C,4 N Q% ' a) I I I W I I ail O W -r') H r-i N O O U, C: Cl (d N w 1 1 I L} I I 41 1J q 4.)+ O >1 C7 ri i! r 1 m ro fd 3 N 41 (d -O aa) ) 41 rd w 1 A, a�i lea G�0 rd m O N U U Or 0 W 5 4 1-1 u E U N U 4J 0 U >r c W W m E 1 y �n i Id � � O W �4 0 a y! m (d W W G rl 11 U U U m 1.( 1.1 \ W (1) rd w o m o w o f U w a W�_l o >`I a) p< a U 0 H a a (d (d m 41 r( 4J U H by -r( W U 1) (1) a) i! •r-I U r-I )a >r a) co m O (d R tom! O U i! 4.) b a) £ E U E 13, U E m ­1 U w a w w x o v v H O U U >Y U N .��. . x -� n �� (d U (d o S4 a O a) � H a � a) 0 [_+ W a a w a a a •14 w H w $4 Q) < (d p U * O w the proposed park improvements cannot be shown at this time since the park sites will be acquired and developed as the vacant land is developed. Almost all of the park improvements shown in Table 9 -3 are expected to be located east of the Florida's Turnpike with a majority located east of I -95. All of the recreational improvements as shown in Table 9 -3, are consistent with other elements of the Comprehensive Plan. The cost per acre presented in Table 9 -3 is calculated by adding the projected land costs plus improvement costs. For the purposes of this calculation, land is estimated to average $60,000 per acre and improvements at 895,QQQ $00,000 per acre for a total of $155,000 ;260,000 per acre improved recreation facilities. The land costs used herein are based on the average value of an acre of land within the City. i:eceilt lallu llVlldL _'Lcui 1.11C L 1Ly Ll:cnu a �JL1VQI,.0 Leside,,Li l UC VCLV�JIIICLZ �.. The facility improvements costs are based on the estimated development costs of an acre of park land according_ to calculations derived for the narl'0 and recreation impact fee, vi a y� �3vtali�% ,_ _ , ` , _l _ , , , _ • _ ,_ - , , L 1 A l..:VllllllLLlll l.Y Hain allu 111 L:1 LLUC 1a11U 1.:1Cat Illy, L1a1111C1U.7, L.:VUL L..A, a LCVL Ca L. _L %-).L J. ucll%ci, .aw.LLU1Llllly yLJVl, �.J10.Yy1 Li i-1 CLILLlJllllCllL, allu jlalft111y 111CbC C.7 L.l llla l: C.7 WG3.0 VuL.0.11ICu LL LJLL1 111 rCillll DC0.L: 11 I..V Lill L. Y, 1111:1 Ldullly L.l1C L.l L.Y '.Jl ra'm beach Gai:de"s. Depending on the amount of land and number of facilitie$ obtained and improved at any one time, economies of scale are expected that may either reduce or exceed these projected costs. S LncC L.11C nee dCU Lecl:ea iu" Lacil1L.1C65 aLC LC UC V GlLJEJCU a5 hi QL L.. k-) 1_ 11CW lal. CJ 71.. a_L UC V C_L VI-) t t IC l l L.. 7, 1.11C 1t _LCJCaL J_,Dn7 allll .71 GC al. t= Ullr1 ll%JW11 aL. L. 111 .7 L.._L UV= 1110 L.;l L.Y L.: UL L CI1 L. lY t -- - -, -- -' -t -- -� __ _r mot_ �Il , llab .7CVCL 0.1 Vdl:all 1. aL Cd.7 111 1.110 11VL L.11CL11 �JVL L1Vll VL 1..11C L.:1 l.Y l.11a 1. al.G L.1C.719 lla L C t1 LV1. Vat ions LC.71,lenL lal d 11.71 L;1 C.7 V11 L1le Fu L.. ULC _ -l_ i1_ _ - c i,_ _ _ 1Ja11U UbC 1.1d�J IL. 1.7 111 L.11CbC aLeas L.11aL L1lVbL VL L11C 11C CL.L I.I LCI:t Cdl.l V11 10.1:1111..107 0.LC C1i�JCl.: L.CU L..V 1JC L.Vllb'L.L UI: I.CU. 1110 10.11U W 111 C1 L11CL LJC Ull Cl: L.ly Ue L.CU l.Jy UC VC_L LJ Ed l l lC l l L. 111 L-I.M. al Ca 111 11CU VL LCC7 L.l1C Gll.y WlL.11 LCC7 L.:V 11 C1: VGU LL VIII ,_ _ _ _ _ _ __,_ _ _ _ ,_ _ _ _ n,_ _ _ _ , i t_ _ . , _ LACVClV�JllLC11L7 1.111 VUy1IV Ul. L11C l.:l l.Y J1lV U.L.0 L..L1C dL Ga7 LC uCVC1V�lGLl as VCLY lalyC C1a1111CU L..V llllllUl111.1C7, .7 11111 1 0.1 l..V L. 110 r11r1 LV0.l,..1 V110.1 UC V C1VyccellL, LLe 1l1LCly L.V lie 111 Qiuvu.C,L6 vi 30 acres vi L-jieaLer. Larger -sized parks are more in keeping with the city's current desire to develop more large- scale, full service community centers. The Citv is currently working_ on a narks and recreation master elan which will identify future nark sites and desired facil,tites, The loss of the municipal complex _nark and ZQcreatiQn4l facilities contributes to the onaoina capital need. Table 9 -4 identifies the. ideal level of improvements that the City would like tQ Qf far to its residents. These are objectives which are used for facility nlannina and annual buda_ eting purposes. The City wQul7d li lie to IMP in a situation where it can adon_t these objectives as formal level of service standards in the comprehensive elan. Until the CIE - SUPPORT DOC 12/97 9 -23 Ear -based Amendment facilities that are eliminated due to the municipal comnlex are replaced, the Citv_ is not oreAared to formally ado_nt these objectives. CIE - SUPPORT DOC 12/97 9 -24 Ear -based Amendment TABLE 9 -4 Recreation Facility Standards ACILITIES Level of Service Standards (1) ennis Courts 1 per 4,000 huffleboard Courts 1 per 7,500 Racquetball Courts 1 per 15,000 Basketball Courts 1 per 10,000 occer Fields 1 per 4,500 oftball Fields 1 per 6,000 -Ball Fields 1 per 8,000 Baseball Fields 1 per 5,000 Rollerhockey Rinks 1 per 20,000 katepark 1 per 30,000 avilions 1 per 10,000 icnic Area 1 per 10,000 ita Course 1 per 30,000 Jogging Trail 1 per 15,000 Playground/Tot Lot 1 per 7,000 Horseshoes 1 per 7,000 Fishing Area (non boat) 1 per 20,000 Boat Access 1 per 40,000 ature Center 1 per 90,000 ommunity Swimming Pools 25 s.f. per capita (2) Recreation Centers 1 per 25,000 olf Course (18 Hole) 1 per 100,000 ARKS Neighborhood Park ommunity Park 3.7 acres per 1,000 (3) (1) Level of Service standards are based on permanent population. (2) Includes pool, deck area and related facilities. (3) The City uses a combined neighborhood and community park LOS. CIE- SUPPORT DOC'12/97 9 -25 Ear -based Amendment Public Safety The Future Conditions section of the Public Safety Element identifies fire stations, police facilities and equipment that will be required as capital projects to maintain the adopted levels of service as Palm Beach Gardens develops (Tables' 10-4 and 10 -8) . These level of service standards will not be a requirement of the concurrency management program. Approximately 701. 619 of the City is currently vacant or undeveloped. The development of these areas, with the inclusion of parcels through annexation, will necessitate additional public safety services and facilities. The City shall undertake measures to ensure that adequate land and equipment is available for police, fire and emergency assistance facilities • to serve its current and future residents. The Police and Fire Departments are funded primarily through ad valorem taxes. The use of impact fees is the preferred method to ensure that new development offset the need for public services created by such development. A- s6aLtlilll,. 1111 ltMLJVl. Cap J_LCL1 111VC.7LLLLC1ll..7, 1Q1J1C .7 •1 bilvw� '11VJC1rt- U _, _ _ _ , 'L _ __ _ r_ ,. �JV 11l.0 Q11U 11= V�lCL Ql.. 111y 0.11U V0.�J11.0.1 C1i�lC1lUll. UL CA LVL LLLC 11CRL 11 V C -YCal &=111JU. rCL AC, 1111=1 Ci11U VJJ =i a L_i111-J VA L_ -D 110.VC 1JCC11 mot CA LLIIIQ I.CU w l.. l_ l 0.1 1 1 QL111U0.1 111rL C0.AC V1 7o Q11U :.70, L=A�JC1.yyl.1 VClY. 1. api.l.Cl1 �/LVJCI.:LA a1C �11VJCl: I_CU with Q :Jo 611111 LLQ.L all J LLA Ltut- -111.. 111= P 1LC LCtJQtl..11lC111. G3/33 11y LLLC U1A J1QyA 1�11C aU �U 1.711.1 VL1 Of I. WV oily i lic � . Additional capital expenditures will be necessary to maintain the adopted levels of service (Table 9 -3t). These have been projected based upon the adopted urban level of service standard$ of 1150 service calls /respondina offioor and a $ minute response time to 900 of all calls, per district l VIll�J1C11C11D1VC rlcrii'� N�Yuiai ivll �JLVJ CI.. 1..1V11A 1110 1.: Qpi L0.1 11CCUA \1Q.U_L 7 -_JJ QLC lr 0..L L 111 Q l.. C U i.JY LllLLll.1p'y'nq 1.110 �JLVJCIL I..CU �1V�1U1a1_1V11 LVL CQIJll YCQL 1.JY L.11C L�.7, 1111=11 LLLLL11_1P1Y111y 1.11Q1. 11CCll 1.JY 1.11= =A1..1Llla L.C11 1..0.JJ11.CL1 Cl., t. Police an fire capital costs have most recently been estimated for Palm Beach Gardens in a "Fire /EMS, Poice and Park Impact Fee Study" - __-____ ___ 1L1=1LLVl ClliUULL1 Vli l_ILC 1.1C1.11VUA %v 1LLLJJCL -,_t_ -UCCA" prepared by James Duncan And Associates, May. 1��7. uawLes C. ivi1=:11iJias, F'L1D, NIOL ' These costs are expected to be met by fees collected t�ratull, i��v . through N�,..,pos=d police and fire /ems impact fees. The new station needed to serve District � is expected to be funded via a bond issue. Should the bond issue fail. the City will ' reed to fiend this capital protect with general revenues which will most likely necessitate a tax increase. P, _ _ , _ r _ _• , , t- - -- - - - - -�- C, L_L .:C 0.11U L' 1LC 1LLl�JQI. I. LCCA W111 1JC _L LUUCU 111 CLll VL U1110.111:C W1111.11 W111 1J. V 11=1 VLC L11C t11C CllU Cc . CIE - SUPPORT DOC 12/97 9 -26 Ear -based Amendment CIE - SUPPORT DOC 12/97 9 -27 Ear -based Amendment Tab c e �fiYiG 9-5 `T� =dam- to V-�rL T \GG4ip YV i "iR iliY�ln r _ -, _r LGVG1 VL VGi ViVG VY031\.LRit.L�p PC PULAT T ON �JV�.ILLIQL1V11 llll.t CQSC _ _ _ l.: LLlIILLLQLIVC 111 L:L CQSC NEEDS aUU �lVlll -C 1JL 11C:l_~'L7" ad" -L LLLC SLQLl V115 e1 1 A . e0 . f%A p�C 2 J J J z J J 1402 3100 2133 1459 -32,02 _ 1 `tOG 4700 014.L O-L 11462 1110 11CCU5 1UC11L111CU LVL L11C 1"V11L:C LC�JQL LlllC11U QLC LQSCU Vll L11C LOO VL 1 7 VLL1l.Ct 5/ l� VVV {J V�JLLIQL1V11. 11. L11C 1 LY W1511CA LV yulL. UC L11C LUCCL_L V.L 4.;.7 QUUl L1VLLCLI YCLSVLLLLCI WllL Th _ _ , � - r _ r � L _ 1 111C UQ�Jl LQl 11CCU5 LVL L1LC lIILLSL UC CS L1lllClLCU Vll Q U1Ly -W1Uc l.J CL515 1L UCVC1V�JlllCL1L� QLlu L11C LCS LL _L Lllly jJLJjJLA. l Q L U I 15 t,.V111:CL1LL CLLCU W1Lllt11 Q I.CL LQ111 J�JVL LIVLL V1 L11C V.LLy, Q .7 LQL llJ11�5 1:esp V115C t_LuLe lllQY CJL.L:CCU L11C LVr7 Q11U Lllyy Ci Q 11CW J.CLt,.111Ly 11CCU. JVUL I.0 L.l L 'Df Pahl, DCCL L.11 VQL UCIIS, 1.1QY, _L -7 Tw r r \-t n r cai7JA" / - v AiiitiVaRi Capital yVs c: T\ - - _] L - J ­a - l.7QpG\L VL.J VLL 1lf GiLYi J. J. %A LNG\iv 191 '92 193 '94 '9r; FiLC - -- - -- - -- - -- - -- 'i'' %a�✓i%al �v5�. �JCi. �JViiLjc VLL14C1 - y7Gl � 73� . ov ' UQ�JI LQ1 I.VSL JCL L1LC SLQL1V11 - .�1�V10�000 . -0/ _ r _ , -t_ _ 1 _ __,_ _ S cd UL Cz. _S : L.1Ly Df P LL DCQL.11 L7QL 177V 101.111111. Cif 1•SC ItIVLCL11UUlll Vil L11C 1•SC L11VU5 LV L.Qll.LL1GLLC L111�lQL.L Fees" L/Y UQlue S- 1770 � CIE - SUPPORT DOC 12/97 9 -28 Ear -based Amendment Implementation Programs The most obvious tool to implement the Capital Improvement Element is the capital improvements program which the City will update on a regular basis. Additionally, in accordance' with the goals, objectives, and policies of the elements of this Comprehensive Plan, the city will maintain or adopt new' land development regulations and procedures to insure the levels of service standards adopted by this plan are met or exceeded. by =gay 1, X998. These regulations and procedures will require that all public facilities necessary to service new development at the adopted levels of service standards are available prior to or concurrent with the impacts of the new development. Furthermore, the regulations will be designed to simplify and streamline the existing regulatory programs. The regulations and procedures to be maintained or newsy adopted include, but are not limited to: o traffic (citv road impact fees vet to be adopted) and recreation impact fee ordinances; o revised development application procedures which require an assessment of the ability of existing facilities to accommodate proposed development; M T o regulations which permit the phasing of development in concert with the provision of necessary public facilities; o the preparation of a capital improvements budget as part of the city's annual budget to insure all facility deficiencies are identified and addressed; o an annual monitoring and evaluation process to update the capital improvements element and any deficiencies addressed therein; o the prioritizing of capital expenditures to insure facility deficiencies take priority over non - health and safety capital projects; o an assessment of the city's fiscal capabilities to schedule and implement capital improvement projects;' and o an annual review of the Comprehensive Plan for significant changes in growth projections and /or facility requirements. CIE- SUPPORT DOC 12/97 9 -29 Ear -based Amendment These regulations and procedures are identified in more detail in the goals, objectives, and policies section of each element of this plan plus other sections of the text of this element. In all cases, the city will not approve development which would cause the public facilities addressed by this Comprehensive Plan to operate below their adopted levels of service standards. IV. MONITORING AND EVALUATION Chapter 163 of the Florida Statutes requires the Capital Improvement Element to be continuously monitored and evaluated. Therefore, this element will be reviewed on an annual basis to ensure that required fiscal resources will be available to provide the public facilities needed to support the adopted level of service standards. The annual review will be the responsibility of the City Manager, the City Finance Director, the Local Planning Agency, with assistance by the Growth Manaa_ement Den_artment and a CiLy Council a PPC,11 -,L -L 1.11.1GG11 &%uv iwi y I._ULL L.L 1.1.== This .. group' s findings and recommendations will be presented to the Mayor and City Council at a public meeting. The City Council will then direct staff to take appropriate actions based upon the review committee's findings and recommendations. The City, in conducting its annual review of the Capital Improvements Element, will consider the following factors and will amend the element accordingly: 1. Any corrections, updates, and modifications concerning costs; revenue sources; acceptance of facilities pursuant to dedications which are consistent with the element; or the date of construction of any facility enumerated in the Element; 2. The Capital Improvement Element's consistency with other elements of the Comprehensive Plan and it's support of the Future Land Use Map; i 3. The priority assignment of existing public facility deficiencies; 4. The City's progress in meeting those needs determined to be existing deficiencies; S. The criteria improvement projects are being ranked in their appropriate order used to evaluate capital in order to ensure that projects of priority; 6. The City's effectiveness in maintaining standards; CIE - SUPPORT DOC 12/97 9 -30 Ear -based Amendment ,the adopted LOS 7. The City's effectiveness in reviewing the impacts of plans and programs of state aVencies and water management districts that provide public facilities within the city's jurisdiction; 8. The effectiveness of impact fees for assessing new development a pro rata share of the improvement costs which they generate; 9. The impacts of special districts and any regional facility (DRI) and service provision upon the City's ability to maintain its adopted LOS standards; 10. Efforts made to secure grants of private, funds, whenever available, to finance the provision of capital improvements; 11. The transfer of any unexpected account balance; 12. The criteria used to evaluate proposed plan amendments and requests for new development of redevelopment; and 13. Capital improvements needed for the latter part of the planning period, for inclusion in the 5 -year Schedule of Improvements. In an effort to make the annual Comprehensive Plan review efficient and effective, the Council will require it to be completed prior to the beginning of the annual budgeting process. All departments within the city will be directed to provide up- to -date information and to make staff available,to assist in the review. Formal recommendations for Comprehensive Plan amendments will be made in conjunction with the submittal of the annual budget. CIE - SUPPORT DOC 12/97 9 -31 Ear -based Amendment E ..i: i� Mgr A��+ i � `� TABLE 7 -4 5 PROJECTED FUTURE RECREATION NEEDS CITY OF PALM BEACH GARDENS * 1990 and 1995 are based on a level of service standard of 3.5 acres of improved neighborhood and community parks per 1,000 residents, the previously adopted level of service standard. Future, years are based on a level of service of 3.7 acres of improved neighborhood and community park per 1,000 permanent residents. It is assumed that the 9 -acre Lilac Street park and $ -acre Howell Lane Park will be improved by the year 2000. (The City currently owns this property and is Dlanning recreation activities for each site.) Source: REP/Inc.; DESIGN PLAN/RESEARCH, December 1, 1989 Revised by City of Palm Beach Gardens, October, 1992; April, 1993; July, 1993; March, 1994: January_ , 1998 ROS- SUPPORT DOCUMENT 7/97 7 -20 EAR -Based Amendment 1990 1995 2000 2005 2010 2015 Permanent 31,011 40,369 50,944 61.519 Population 22,985 34,42'7 46,756 62,494 9.2,344 72,094 Park Acreage Required* 80.4 .20.5 163.6 218.4 2UU.2 108.5 149.4 188.5 227.6 266.8 Acreage Available 124.0 145.9 145.9 : _r5.9 145.9 166.9 166.9 166.9 166.9 Surplus /(Deficit) 43.6 23-4 -7j e24) (142.3) 37.4 17.5 (21,6). ( 60.7) (99.9) * 1990 and 1995 are based on a level of service standard of 3.5 acres of improved neighborhood and community parks per 1,000 residents, the previously adopted level of service standard. Future, years are based on a level of service of 3.7 acres of improved neighborhood and community park per 1,000 permanent residents. It is assumed that the 9 -acre Lilac Street park and $ -acre Howell Lane Park will be improved by the year 2000. (The City currently owns this property and is Dlanning recreation activities for each site.) Source: REP/Inc.; DESIGN PLAN/RESEARCH, December 1, 1989 Revised by City of Palm Beach Gardens, October, 1992; April, 1993; July, 1993; March, 1994: January_ , 1998 ROS- SUPPORT DOCUMENT 7/97 7 -20 EAR -Based Amendment it should be reiterated that, because pf the City's C.O.P. philosonhv. it is predicted that, then, increased number of calls will be prpactive in nature and not the more traditional reactive call_ As noted above, in the near future the Police Department will establish levels of service which are hioli enough to cover preventative activities. This will enable the Department to adiust the budget ant] personnel that will enable the Department to continue its effective service for the City. TABLE 10 -4 Proiected Standard Service and Calls 1996 -2000 1996 1997: Responding Officers* 72 7 Permanent Population 31.909 33,229 Service Calls. 56,446 66.825 Officers Needed to 49 58 Maintain Service Standard 1998: < 1999 :;: 2000: ; ` 2001"':.: 2002 25 77 7-2 K1 83 35,609 37,989 40,69 42,484 44,599 73.50$ 79,389 84.152 89.201 94,5$3 64 02 73 77 82 Source: City of Palm Beach Gardens Police Department, 1997 * Assumes addition of two new officers per year as depicted in the City's 5 -Year Capital Improvement Plan. PS- SUPPORT DOC 12 -97 EAR -BASED AMENDMENT 10 -10 Table 10 -8 Fire /EMS Facility Needs * Assumes no major shift in the City's development pattern (incremental /infill growth). ** Assumes Station #3 on line and serving District 3, which frees Station #4 to serve District 6, and citywide backup. Assumes relocation of Station #16 to Abacoa, which increases City response (ist due to Cabana Colony) + Served by Station #26 (automatic aid) Source: City of Palm Beach Gardens, 12/97 AVERAGE RESPONSE TIME AND PROJECTED* RESPONSE TIMES (minutes) 1P97 1998 1999 2000 2001 2002 District 1 < 5 < 5 < 5 < 5 < 5 < 5 District 2 < 5 < 5 < 5 < 5 < 5 < 5 District 3 < 5 < 5 5 > 5 < 5 ** < 5 District 4 < 5 < 5 5 5 < 5 ** < 5 District 5 5 5 5 5 5 > 5- District 6 8 8 8 8 < 8 ** < 8 District 7 + + + + + + * Assumes no major shift in the City's development pattern (incremental /infill growth). ** Assumes Station #3 on line and serving District 3, which frees Station #4 to serve District 6, and citywide backup. Assumes relocation of Station #16 to Abacoa, which increases City response (ist due to Cabana Colony) + Served by Station #26 (automatic aid) Source: City of Palm Beach Gardens, 12/97 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: January 22, 1998 Subject/Agenda Item Public Hearing /Second Reading for Ordinance 24, 1997, (Wireless Telecommunication Towers and Antennas Ordinance) Recommendation /Motion: It is recommended that the Citv Council aoorove Ordinance 24.1997. Reviewed by: Originating Dept.: Costs: E Council Action: Total City Attorney Growth Management [ ] Approved Finance NA $ [ ] Approved w/ ACM Current FY conditions [ ] Denied Human Res. NA Advertised: Other NA Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [x ] Not Required [ ] Other Resolution 1997 Submitt d .fy:-n ;� ~ Affected parties Budget Acct. #:: Department Director [ ] Notified [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: At its January 8, 1998, meeting, City Council approved Ordinance 24, 1997 for a first reading. The approval was made after several substantial changes were made to the ordinance. Many of the changes were prompted by comments from providers of telecommunication services. Telecommunication Tower Ordinance December 4, 1997 Page 2 Below is a brief comparison between the existing regulations and the draft ordinance Applicability - Permitted Uses Administratively Approved Uses Conditional Uses To all Communication Towers, but not Satellite Dishes. All uses for towers are allowed only as a conditional use. None. Towers up to 400 feet in the Planned Development Area (PDA) and Public and Institutional (P/I) zoning district. All new towers and antennas except for those used for a Broadcasting Facility, a federally- licensed amateur radio station operator, a remote telemetry unit or those used exclusively for receive only antennas. Also pre- existing towers. Antennas or towers located on property owned, leased or otherwise controlled by the City provided a license or lease authorizing an antenna or tower has been approved by the City. Towers up to 100 feet for a single use, 125 feet for two users and 150 feet more three or more uses in the Industrial or Commercial land use districts, provided that all criteria in the ordinance is met. Locating antennas on existing structures or towers, including light and power poles. All these must meet criteria listed in the proposed ordinance. If not a permitted or administratively - approved use, a tower or antenna can be located in any zoning district as a conditional use. Telecommunication Tower Ordinance December 4, 1997 Page 3 Camoutlaged Towers No specific regulations. Several incentives for the provision of stealth towers and antennas are included in the draft resolution. Tower Separation Clustering of Communication The separation distance Towers is encouraged. between towers is a minimum Shared usage of towers are of one (1) mile. However, encouraged. several incentives are included for the shared usage of towers. Visual Impact Study Visual Impact Study, A Visual Impact Study or including a line of sight photo digitalization is analysis, is required. In required. In addition, there addition, no more than 50% are some aesthetic criteria of a communication tower listed in the proposed shall be visible from one or ordinance. However, the more of the three identified 50% provision has been points around the proposed eliminated in the draft. tower site. Since the last workshop concerning this ordinance, staff has added several amendments. At the direction of City Council, staff and its telecommunications consultant has added clauses which addresses the reimbursement of the City for consulting costs and the redefinition of the phrase "state of the art." The ordinance has also been revised to include a specific height (64 feet) when it addresses antennas atop four -story buildings. January 14, 1998 ORDINANCE NO. 24, 1997 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS AMENDING CHAPTER 118 OF THE CITY CODE OF ORDINANCES ENTITLED "ZONING" BY AMENDING SECTION 118 -309 ENTITLED "COMMUNICATIONS TOWERS "; PROVIDING FOR A PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR GENERAL REQUIREMENTS; PROVIDING FOR PERMITTED USES ON PUBLIC PROPERTY; PROVIDING FOR PERMITTED USES ON PRIVATE PROPERTY; PROVIDING FOR CONDITIONAL USE PERMIT; PROVIDING FOR EQUIPMENT STORAGE; PROVIDING FOR REMOVAL OF ABANDONED ANTENNAS AND TOWERS; PROVIDING FOR NONCONFORMING USES; PROVIDING FOR INDEMNIFICATION AND INSURANCE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Congress of the United States adopted the Telecommunications Act of 1996, providing federal regulation of wireless telecommunications; WHEREAS, a technology of wireless voice, video and data communications systems rapidly became available, requiring land use facilities that impact planning and zoning concerns in the City of Palm Beach Gardens ( "City ") and throughout the United States; WHEREAS, the City finds that it is in the public interest to permit the siting of wireless Telecommunications Towers and Antennas within the municipal boundaries, WHEREAS, the City had previously adopted a code section addressing the siting of wireless Telecommunications Towers and Antennas; WHEREAS, the Act has caused the current code section to be invalid in certain portions; WHEREAS, the City has received and expects to receive additional requests from service Providers to site wireless Telecommunications. Towers and Antennas within the municipal boundaries and is authorized by federal, state and local law to regulate the siting of such Towers and Antennas; WHEREAS, it is the intent of the City to provide reasonable accommodation to, and to promote and encourage fair and reasonable competition among Providers or providers of functionally equivalent services on a neutral and non - discriminatory basis; WHEREAS, it is necessary to repeal, in its entirety, the text of the existing code section and replace it with new text; WHEREAS, the purpose of this Ordinance is to establish appropriate locations in priority order of use, and, further, to develop the requirements and standards to permit the siting of wireless Telecommunications Towers and Antennas within the municipal boundaries, with due consideration to the City's master plan, zoning map, existing land uses and environmentally sensitive areas, including hurricane preparedness areas, and WHEREAS, through these regulated standards, it is the intent of the City to protect and promote the health, safety and general welfare of its citizens and residents, the traveling public and others in such manner that will minimize both the number of Towers and Antennas and the adverse visual impact and other potential damage by encouraging co- location and shared use of new and pre- existing Telecommunications Facilities, through incentives, careful design, engineering siting, landscape screening and innovative camouflage techniques. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: 2 Section 1. The title of section 118 -309 of the Code of Ordinances shall be amended to read (added words underlined, deleted words �uu: n): "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS." Section 2. The text of section 118 -309 of the Code of Ordinances is repealed in its entirety and replaced with the following: jai Purpose. The purpose of this section is to establish general guidelines for the siting of wireless Telecommunications Towers and Antennas. The guidelines are intended to: (a) protect and promote the public health, safety and general welfare of the residents of the City; (b) minimize potential adverse impacts of Towers and Antennas on residential areas and land uses; (c) encourage the location of Towers in nonresidential areas and to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (d) minimize the total number of Towers throughout the community by strongly encouraging the co- location of Antennas on new and Pre- existing Towers or other structures as a primary option rather than construction of additional single- use Towers; (e) encourage users of Towers and Antennas to configure them in a way that minimizes the adverse visual impact of the Towers and Antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; and (f) enhance the ability of the Providers to provide such services to the community through an efficient and timely application process. In furtherance of these goals, the City shall at all times give due consideration to the City's master plan, comprehensive plan, zoning map, existing land uses, future land uses and environmentally sensitive areas, including hurricane preparedness areas, in approving sites for the location of Towers and Antennas. 3 (b) Definitions Notwithstanding the definitions included in Chapter, 78 of the City Code of Ordinances, as used in this Section, the following terms shall have the meanings set forth below, and shall control over any other definitions contained in the City's Code of Ordinances: LL A ......GGz YT.. _7f ..............]..�....... .. _ .L —.:,. ....1.,....7 a.. A �. \. {.JJVI, se 111L.411J 4 JL.L.V11dw— LLJL., 111L.1Li111116 4 4JL. 41 "L 10 1\.1"LL" LV, lllt.l LLL.11141 a... ..I- _A :.- ...a.. �,. _,] ..L,...�.:,._. a._ .L- - 4raL,. _ ....a... _.L:_L A....,.__.. _.7/ — LV, J"VV1L11114LL. LV ar. J4VJLr1 Y1L.11L LV Lllb 111W11 4JL, VL Lllt, tlLwF. 1LJY V11 YYLIlVll C41 [Zllt\.11ll" 411L.N Vl L41VVV111111W11L.r4L1Vll LV YY L.L 1J JLLVV�. (2) (1) "Alternative Tower Structure" means a structure that camouflages or conceals the presence of a telecommunication Tower. For example, man-made trees, clock Towers, bell steeples, light poles, utility poles and similar alternative designs. (-3j M "Antenna" means a transmitting and/or receiving device mounted on a Tower, building or structure used in telecommunications [personal wireless] services that radiates or captures electromagnetic waves, digital signals, analog signals, or radio frequencies, including, without limitation, directional Antennas such as panel and microwave dish Antennas, and omni- directional Antennas such as whips, but excluding radar Antennas, amateur radio Antennas and satellite earth stations. (4j W "Backhaul Network" means the lines that connect a provider's Towers /cell sites to one or more cellular telephone switching offices, the public switched telephone network, and/or long distance providers. (3� (4) "Broadcasting Facility" means any Tower built primarily for the purpose of broadcasting AM, FM or television signals. 4 (6j W "Equipment Cabinet" hereinafter "Cabinet," means any structure used to enclose mechanical equipment to use with and/or service a Tower or Antenna. (4� (4) "Essential Service" means those services provided by the City and other governmental entities that directly relate to the health and safety of the City's residents, including fire, police and rescue. (8� (7) "Extraordinary Conditions" means conditions which occur subsequent to a hurricane, flood, or other natural hazard or subsequent to a defective finding on a previous inspection. (9� W "FAA" means the Federal Aviation Administration. (-1 0 "Fair Market Value" means the price at which a willing seller, or Tower operator, and willing buyer, or service provider seeking to rent space on operator's Tower, will trade. (-1-1-) (10) "FCC" means the Federal Communications Commission. (� 01) "Guyed Tower" means a telecommunications Tower that is supported, in whole or in part, by guy wires and ground anchors. (}3) (12) "Height" when referring to a Tower or other structure, means the distance measured from the finished grade of the parcel to the highest point on the Tower or other structure, including the base pad and any Antenna. (+4 (13) "Microwave Dish Antenna" means a dish -like Antenna used to link communication [personal wireless service] sites together by wireless transmission of voice or data. (+1 (14) "Monopole Tower" means a communication Tower consisting of a single pole or spire, self - supported on a permanent foundation, constructed without guy wires, ground anchors, or other supports. 5 (1 S) "Lattice Tower" means a communication Tower that is constructed to be self- supporting by lattice type supports and without the use of guy wires or other supports. (+- (16) "Operator" means an individual, partnership, association, joint -stock company, trust or corporation engaged in the control and/or maintenance of all instrumentalities, .facilities and apparatus incidental to wireless telecommunication transmission, including but not limited to, a Tower, Antennas, associated buildings, cabinets and equipment. For purposes of this Section, an Operator may or may not hold a sublease, license or title to the lot on which a Tower is sited. (+8j 0 %) "Pre- existing Towers and Pre - existing Antennas" means any Tower or Antenna for which a building permit or special use permit has been properly issued prior to the effective date of this Section, including all legally existing Towers and Antennas, whether permitted or not. (+� (18) "Provider" means an individual, partnership, association, joint -stock company, trust or corporation, holding a license of the proper class, as prescribed and issued by the FCC, and authorized to offer telecommunications services to the public through radio transmission. A provider is not necessarily an Operator as defined in this Section, however a Provider may obtain a license or lease space or equipment from an Operator. (4 } (19) "State of the Art" means existing technology with that level of 1 rlll{1\+J, technological performance, capacity, equipment, components and service equal to or more advanced than ut the technology used by comparable facilities located in. comparable communities in the state of Florida. For purposes of this definition. it is established that different tvves of facilities. i.e. PCS, eelluJ4 qr EM,$12„ are not considered comparable to each other. onlv to those facilities of a similar tune. 6 (� j Q4) "Stealth Facility" means any telecommunications facility which is designed to blend into the surrounding environment. For example, architecturally - screened roof - mounted Antennae, building - mounted Antennae painted to match the existing structure, and Antennae integrated into architectural elements. e2lj (2 1) "Telecommunications Facility" means a facility that is used to provide one or more telecommunications services, including, without limitation, radio'transmitting Towers, other supporting structures, and associated facilities used to transmit telecommunications signals, excluding amateur radio transmitting Towers and broadcasting facilities.' An open video system is not a telecommunications facility to the extent that it provides only video services; a cable system is not a telecommunications facility to the extent that it provides only cable service. (24) (22) "Telecommunications Services" means the offering of telecommunication (or the transmission, between or among points specified by the user of information, without change in the form or content of the information), for a fee, directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. Personal wireless communication services shall not be considered as Essential Services, public utilities or private utilities. (� (23) "Telecommunications Tower," hereinafter known as "Towers," means any structure, and support thereto, designed and constructed primarily for the purpose of supporting one or more Antennas intended to provide Telecommunication Services, including lattice, monopole and guyed Towers. The Term includes personal wireless service facilities used for the provision of commercial mobile services, unlicensed wireless services (telecommunications services using duly authorized devices which do not require individual licenses), and common carrier wireless exchange 7 access service. The Term does not include radio and television transmission Towers, amateur radio transmitting Towers, or broadcast facilities. e -) (24) "Whip Antenna" means a cylindrical Antenna that transmits signals in 360 degrees. (c) Applicability. (1) New Towers and Antennas. Applicants seeking to construct towers and/or antennas in the City following the adoption of this section shall be subject to these regulations, except where specifically excluded. (2) BroadcastinE facilities /Amateur Radio, Station Qperators/Receiye Qnly Antenna *fRempte Telerxietry Units. This section shall not apply to any Tower or Antenna that is installed for the use of a Broadcasting Facility or is owned and operated by a federally - licensed amateur radio station operator or is used exclusively for receive -only purposes or is a remote telemetry unit antenna. (3) Preexisting. Towers or Antennas. Pre - existing Towers and Pre - existing Antennas shall not be subject to the requirements of this section, except where specifically provided. (d) General requirements. (1) Pre - Application Conference. Applicants subject to this section shall request a pre- application conference with the City. The Applicant shall reimburse the City for all costs and fees incurred by the City as a result of the Pre - Application Conference. 8 (2) Inventory of £xigEine Approved Sites. Each applicant shall review the Citv's inventory of approved site$ and shall L`:V 11\rVV L%.P"%.L J ulii LJ . F. 1111.111" LLLLL .0,3 Ll L uYYii%.culi establishes, to the reasonable satisfaction of the Growth Management Department, that no existing Tower, structure or State of the Art technology exists which can accommodate, or be modified to accommodate, the applicant's proposed Antenna because Qf one (1) or more of the following reasons`.. 1211 �YYi:: a1u JL.L.iN.11ls LV ,.....,.a_...a ,..�,__.. T..__•__ ..L-11 _.._.: aL,. ! �a. �.. :�_...._a,.._..�C.._.:..a:�..,. T,.__.,._.. A _a,....�._.. ,.._.7 .._�...._.._.] L.V 11044L.L 4 11%.YY L V YYL.1 011411 &�V IV Y• Li1L. %�ILjy J 111YL.11LV1.' Vl \.A1J L111� 1 %J" LJ, /- VAIL�1111LLJ, L414 "FliLV Y%.4 J1L\.J 4114 .�.� 011411 J4 Vllll L,- 111 vY 11LLL.11 1Vllll, LLl\. 1V 11V YY 111. ...i....a:,...� ,.laL,. l ..,.:L:1:a.....hL,..__.� ,..� .._.:..a:.... T,.._..._ :..,.1:....a:... (1) 411 �. Y4144LLV11 Vl LL1L. 1L.GW1V111 L�' Vl JllLi11L1� 4l1 L.A1J 1.111 L V VY V3, i11Y1Lr4L131� ...L— ,L.... 4' Existing Towers or structures located within the geographic search area as determined YYlL� "&%.a Liles. by a radio frequency engineer do npt have the capacity to provide reasonable technical service consistent with the applicant's technical system, including, but not limited to, applicable FCC requirements; (ii) whether existing Towers or structures are not of sufficient height to meet applicable FCC. requirements; (iii) whether existing Towers or structures do not have sufficient structural strength to support applicant's proposed Antenna and related equipment; (iv) whetter the applicant's proposed Antenna would cause electromagnetic /radio frequency interference with an Antenna on an existing Tower or structure, or an Antenna on an existing Tower or structure would cause interference with the applicant's proposed Antenna; 9 (v) w Ac the fees, costs, or contractual provisions required by the Operator in order to share an existing Tower or structure or to adapt an existing Tower or structure for sharing are unreasonable. Such determination shall be made by the Growth Management Department. Costs exceeding new Tower development are presumed to be unreasonable; unsuitable; a�u or (vi) such other limiting factors that render existing Towers and structures (vii) �: �; L: Cr the cost of implementing State of the Art technology used in the wireless telecommunications industry and within the scope of the applicant's FCC license, is unreasonable or the technology is unsuitable. Costs of State of the Art technology which exceed new Tower or Antenna development shall not be presumed to render the technology unreasonable or unsuitable. (3) Engineering Report. All applicants for new Towers or applicants seeking to modify or reconstruct a Pre- existing Tower to accommodate additional Antennas shall submit to the Growth Management Department, an engineering report certified by a professional engineer, licensed to practice in the State of Florida. If the City does not accept the report as provided as accurate, or if the City disagrees with any part of the report, the time in which an application-is processed pursuant to this Section shall be tolled pending further evaluation. The report shall include: (i) A site development plan, drawn to scale, including without limitation, a legal description of the parent tract and leased parcel, if applicable, on -site and adjacent land uses, Master Plan classification of the site; future land use designation of the site; and a visual impact analysis or a photo digitalization of the Tower and all attachments, including associated buildings 10 and equipment containers at the property line, from four (4) points mutually agreed upon in a pre- application conference. (ii) If applicable, a narrative of why the proposed Tower cannot comply with the requirements of this section. (iii) The type of Tower and specifics of design. (iv) The current wind - loading capacity and a projection of wind- loading capacity using different types of Antennas as contemplated by the applicant. No Tower shall be permitted to exceed its wind- loading capacity as provided for by Southern Building Code. (v) A statement that the proposed Tower, :including reception and transmission functions, will not interfere with the customary transmission or reception of radio, television or similar services as well as other wireless services enjoyed by adjacent residential and non - residential properties. (vi) A statement that all construction shall comply with all applicable Building Codes, associated regulations, and safety standards as provided herein. For all Towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the Tower. Unless specifically exempted by the provisions herein, all Towers shall have the capacity to permit multiple users; at a minimum, Monopole Towers shall be able to accommodate two (2) users and, at a minimum, Lattice or Guyed Towers shall be able to accommodate three (3) users. (vii) A written statement addressing the applicant's ability to share its proposed Tower, including: 1) the geographical service area requirements; 2) any mechanical or 11 electrical incompatibility; 3) any restrictions or limitations of the FCC that would preclude the shared use of the Tower; (viii) Any additional information deemed by the Growth Management Director to be necessary to assess compliance with this Section. (4) Aesthetics. Towers and Antennas shall meet the following requirements: A. Towers shall maintain either a galvanized steel finish or, subject to any applicable standards of the FAA or FCC, be painted a neutral color, so as to reduce visual obtrusiveness. B. At a Tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend into the natural setting and surrounding buildings to minimize the visual impact. C. All Tower sites (the entire parcel(s) controlled by the Operator) must comply with City landscaping requirements. The Growth Management Director may require landscaping in excess of Code requirements in order to enhance compatibility with adjacent residential and non- residential land uses. All landscaping shall be properly maintained at the Operator's expense to ensure good health and viability. Telecommunication Facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the Telecommunication Facility consisting of the base of the Tower and Antennas, Backhaul Network and any structure or Equipment Cabinet, from residential property. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. D. If an Antenna is installed on a structure other than a Tower, the Antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or 12 closely compatible with, the color of the supporting structure so as to make the Antenna and related equipment as visually unobtrusive as possible. (5) Lighting. No signals, artificial lights, or illumination shall be permitted on any Antenna or Tower unless required by the FAA or the FCC. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding property, while maintaining compliance with federal standards. (6) Setbacks. Towers must be set back from all Tower lot lines a minimum distance of 110% of the height of the Tower. (7) Separation, Any Tower shall be separated from any other .Tower by a distance of no less than one (1) mile as measured by a straight line between the bases of the Towers. (8) Setback and Separation Applicability. Tower setback and separation requirements shall be applicable to all Telecommunication Facilities located in the City, irrespective of municipal and county jurisdictional boundaries. (9) Height. Towers shall not be constructed at a height in excess of the maximums provided below: A. capacity for a single user, up to one hundred (100) feet in height; B. capacity for two users, up to one hundred twenty five (125) feet in height; C. capacity for three or more users, up to one hundred fifty (150) feet in height. (10) Local. State or Federal Fequirpments. The construction, operation and repair of Telecommunications Facilities are subject to the review and approval of the City, and shall be performed in compliance with all laws, ordinances and practices affecting such Facilities including, but not limited to, zoning codes, building codes, and safety codes, and as provided herein. All 13 construction, operation and repair shall be performed in a manner consistent with applicable industry standards, including the Electronic Industries Association. Prior to the issuance of a building permit by the City, all Towers and Antennas must meet or exceed current standards and regulations of the FAA and the FCC, including emissions standards, and any other agency.of the local, state or federal government with the authority to regulate Towers and Antennas. If such applicable standards and regulations require retroactive application, the Operators of the Towers and Antennas subject to this section shall bring such Towers and Antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is provided by a controlling state or federal agency. (11) Siens. No signs, including commercial advertising, logo, political signs, flyers, flags, or banners, but excluding warning signs, shall be allowed on any part of an Antenna or Tower. Any signs placed in violation of this Subsection shall be removed immediately at the Operator's expense. Notwithstanding any contrary provisions of the City's Zoning Code, the following warning signs shall be utilized in connection with a Tower or Antenna site, as applicable: A. If high voltage is necessary for the operation of the Tower or any accessory structures, "HIGH VOLTAGE -- DANGER" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than forty (40) feet apart. B. "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than forty (40) feet apart. C. The height of the lettering of the warning signs shall be at least twelve (12) inches. The warning signs shall be installed at least five (5) feet above the finished grade. 14 D. The warning signs may be attached to free standing poles if the content of the signs may be obstructed by landscaping. (12) $ ecurity )~ enping- Towers shall be enclosed by security fencing which measures not less than six (6) feet in height and shall be equipped with an appropriate anti- climbing device. (13) Non Essential Services. Towers and Antennas shall be regulated and permitted pursuant to this Section and shall not be regulated or permitted as an Essential Service, public utility, or private utility. (14) Franchises/License$, Operators of Towers or Antennas shall certify that all franchises /licenses required by law for the construction and/or operation of a wireless communication system in the City have been obtained and shall file a copy of all required franchises/licenses with the Growth Management Department prior to the issuance of the building permit. The certification shall be submitted annually to the Growth Management Department. (15) Public Notice, For purposes of this Section, and notwithstanding any other requirements with regard to public notice in the City's Zoning Code, applicants shall comply with the public notice procedures of the Growth Management Department. (16) Cost Reimbursement. Each applicant shall reimburse the -city for all costs incurred by the city for the review and processing of any application submitted pursuant to this section, including, but not limited to, engineering and legal staff and/or consultants, and the cost of any document or drawings associated therewith. The petitioner shall reimburse the city within five (5) days of the date of receipt of an invoice therefor. Failure by applicant to make such reimbursement r when due shall abate the pending application until paid in full. 15 (17) Reporting. Operators shall submit a report to the Growth Management Director certifying structural and electrical integrity every two (2) years. The report shall be accompanied by a non - refundable fee of Two Hundred Dollars ($200.00) to reimburse the City for the cost of review. (18) Inspections. The City may conduct periodic inspections of Towers and Antennas, at the Operator's expense, to ensure structural and electrical integrity and compliance with the provisions of this Section. The City may require more frequent inspections should there be an emergency, Extraordinary Conditions or other reason to believe that the structural and electrical integrity of the Tower or Antenna is jeopardized. There shall be a maximum of one inspection per year unless emergency or Extraordinary Conditions warrant. (e) Co- Location of Antennas. (1). Pursuant to the intent of this Section, applicants seeking to co- locate Antennas on existing Towers shall be entitled to the following incentives: A. A complete application shall be reviewed by the Growth Management Department within forty-five (45) working days of receipt. B. The Growth Management Director, at the director's discretion, may waive certain requirements of Sub - section (d). C. An application may be administratively approved by the Growth Management Director, or if not so approved within forty-five (45) working days, it shall be submitted to City Council for review. (2) An application for co- location may be administratively approved if the Tower which is modified or reconstructed to accommodate the co- location of an additional Antenna meets 16 one of the following criteria: a) it is the same Tower type as the original Tower; b) it is a Tower type which is less obtrusive, i.e. a Stealth Tower or a Monopole Tower; c) it is modified or rebuilt to a taller height to accommodate the co- location of an additional Antenna(s), subject to the maximum height restrictions herein (this provision shall be applicable to utility and power poles). (3) A Tower which is being replaced to accommodate the co- location of an additional Antenna may be located onsite within fifty (50) feet of the Pre- existing Tower. After the replacement Tower is built, only one Tower may remain on the site. A Tower built to replace a Pre- existing Tower shall continue to be measured from the location of the Pre - existing Tower for purposes of separation distances between Towers. (4) Tenant Rental Fees. Operators regulated by this Section shall not charge Providers seeking to co- locate on a Tower in excess of the Fair Market Value for the space, as determined at the time of the request for co- location. In the event of a dispute, the parties shall select an independent appraiser to determine Fair Market Value. If the parties cannot agree on the selection of an appraiser, the City Manager shall select an appraiser. All appraisals shall be performed at the expense of the parties. (f) Antenna, Microwave Dish, and Cable Microcell Review. A) An Antenna which 1J 11VL GLLLGL�IIV�L LV GL 1 V YY G.1 111"" "IJIJLV Y V\A 64--> Gill GLWllllilJ L1 GLL1 Y .�.- ,7.Y­ L_. aL.- !'+_., I_ A.r...-...�_.Y.. T:_....a._.. __ .._ - -- a.. GLLli\.11W11V11G V� 41V VIVYYL111YlGLL1GLr V111G+111 L11bVLVl GLJ GL11 GLrVVJJVl� YJG.r'GV is intended to be attached IQ any commercial, industrial, professional, or institutional structure, including a utility or light pole, may be approved as an administrative amendment by the Growth Management Director provided: (i) The Antenna does not extend more than fifteen (15) feet above the highest point of the structure; 17 (ii) The Antenna complies with all applicable FCC and FAA regulations and all applicable building codes; (iii) To minimize adverse visual impacts, the Antenna has been selected based upon the following priority; (1) Stealth; (2) Panel; (3) Whip; (4) Dish. If the first priority is not selected, the applicant shall demonstrate, in a manner acceptable to the City, why each subsequent priority cannot be used for a particular application. B) Microwave dish Antennas may be administratively approved if they are: (i) located less than sixty -five (65) feet above the ground and do not exceed! six (6) feet in diameter; or (ii) located sixty -five (65) feet or more above the ground and do not exceed eight (8) feet in diameter. Ground- mounted dish Antennas shall be located or screened so as not to be visible from abutting public streets. C) Cable Microcell Network. Installing a cable microcell network through the use of multiple low - powered transmitters /receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of Towers may be approved by the Growth Management Director as an administrative amendment. (g) Permitted Uses on Public Property (1) General, This subsection is applicable to applicants seeking to locate Antennas and Towers on property owned, leased, maintained or otherwise controlled by the City or designated as P/I zoning district ( "public property"). The City Council reserves the right to modify or waive the requirements for locating on public property and shall not be required to provide access to City property. (2) Standards for Approval. 18 A. All applicants seeking to locate Antennas or Towers on public property shall submit an application, including all information requested in sub - section (d) herein to the Growth Management Department. B. Applications shall be reviewed by City Council within thirty (30) days from the submission of a completed application. C. At its discretion, City Council may waive or modify certain requirements of this Section, including setback and separation requirements, as may be deemed appropriate. D. An application submitted by a public agency to locate a tower or antenna pursuant to this subsection may be administratively approved provided the tower or antenna is intended for use for public purposes only and is not intended or used for commercial or financial gain. (3) Lease Reauired for Use of Citv Property. Prior to or concurrent with approval of an application for construction, installation or placement of a Telecommunications Facility on property owned, leased or otherwise controlled by the City, the applicant shall execute a Lease Agreement in a form acceptable to the City. The City may require, as a condition of entering into a Lease Agreement with an applicant, the dedication of space on the Tower for public health and safety purposes, as well as property improvement of the site. Any dedications and improvements shall be negotiated prior to execution of the lease. The City may, in its discretion, provide a license agreement in lieu of a lease. No lease or license granted under this Section shall convey any exclusive right, privilege, permit or franchise to occupy or use the public lands of the city for delivery of Telecommunications services or any other purpose, nor shall it shall convey any right, title or interest in the public lands other than a leasehold interest, but shall be deemed only to allow the use of the public lands for the 19 limited purposes and term stated in the lease or license. No lease or license shall be construed as a conveyance of a title interest in the property. (h) Permitted Uses on Private Prgperty (1) General. The requirements of this sub - section apply to applicants seeking to locate Antennas and Towers on private property. The following requirements shall apply: A. Each application shall include the information as set forth in subsection (d), and a non - refundable fee of One Thousand Five Hundred Dollars ($1,500.00) to reimburse the City for the costs of reviewing the application. B. The City shall respond to each application within the time dictated by the nature and scope of the individual request, subject to the generally applicable time frames and pursuant to the intent of Section 704 of the Telecommunications Act of 1996, but in no event more than forty-five (45) working days for administrative zoning decisions. Building permit applications shall be processed within a reasonable period of time. C. If an application submitted pursuant to this Sub - section is denied, the applicant shall file an application for a conditional use permit pursuant to this section prior to filing any appeal based upon the denial. (2) Permitted Land Uses. Location of a Tower shall be permitted in the following land use categories subject to the requirements herein: Industrial and Commercial future land use designations. 20 (3). Aoolication and Rev�gw. Applicants seeking to locate a Tower in the Industrial and Commercial future land use designations shall be subject to review by the City Council through the site plan approval process. Such applications shall include all the information described in subsection (d). (3j b. Alternative Tower Structure. Locating an Alternative Tower Structure in the Industrial and Commercial future land use designations may accomplish the purposes set forth ift sub � herein and may be approved by the Growth Management Director as an administrative amendment. (i) Conditional Use (1) General. The provisions listed in this sub - section apply when an application for the construction of a Tower or the placement of an Antenna fails to meet all of the criteria for approval as otherwise provided herein. An application for a conditional use permit shall include all the information described in subsection (d) and any other reasonable information the City may require. Such application shall require approval by the City Council. The following provisions shall govern the issuance of a Conditional Use permit: A. Compliance with the procedures and requirements for Conditional Use permits as set forth in the City's Code of Ordinances. B. In granting a permit, the City may impose conditions, to the extent the City deems such conditions are necessary, to minimize any adverse effect of the proposed Tower or Antenna on adjoining properties. C. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. 21 (2) Separation. All Towers and Antennas for which a conditional use permit is required shall be separated from residential land uses by a minimum of 500 feet or 300 percent of the height of the Tower, whichever is greater. Tower separation shall be measured from the base of the Tower to the lot line of the residential land use. (3) Factors Considered in Granting Conditional Use Permits for Towers. In addition to any standards for consideration of conditional use permit applications pursuant to the Code, the City shall consider the following factors in determining whether to issue a permit: A. Availability of suitable existing Towers, other structures, or State of the Art technologies not requiring the use of Towers or structures, as discussed herein; B. Height of the proposed Tower; C. The setback and separation distances between the proposed Tower and the nearest residential areas or residentially zoned properties; D. Nature of uses on adjacent and nearby properties; E. Surrounding topography; F. Surrounding tree coverage and foliage; G. Design of the Tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and , H. Proposed ingress and egress to the site. (j) Buildings or Other Equipment Facilities. The following standards shall apply: 22 (1) Antennas Mounted on Structures or Rooftops. The Equipment Cabinet used in association with Antennas mounted on structures or rooftops shall comply ::;L:, rL:l of the following: A. For buildings and structures which are up to four (4) stories high, or --` rncrc `L-- uD to 64 feet in height (...::.It �; r to .css All i csht), the Cabinet shall not be located 11VL 111V1Lr L11GLLL on the roof of the structure if it exceeds 100 square feet of gross floor area or three (3) feet in height unless it is completely screened from view according to the standards of this code or such screening is architecturally compatible to the acceptance of the Citv. -A. B. For all other buildings or structure$, Rhe Cabinet shall not occupy more than four hundred fifty (450) square feet of gross floor area or be more than ninety six (96) inches in height or such screening i$ architecturally compatible tq the acceptance of the City. R. C. A structural analysis by a certified engineer of the supporting building or structure shall be submitted as part of the application. E. D. Cabinets shall comply with all applicable building codes, including minimum setback requirements, as provided herein. ..�a ....a ..,...,7 .7: _,...a .... ..j ...C.. T,......_ T....a:a -.. ,.L..11 LAWa L.. �. E- Eiuir,liltrlll 11V L uJt.Y 111 till V V l JYrJ�JV 1 L V L' u 1 V Yr \+l 1 4V 111 L� JllLUl 1lV L V v J LVLL.tl Vl 1<<.F.7L Vll "A%. J11L. VL LLltr 1 V YY Vl, 1.1111 <.JJ 11LrV1rJJGLL �' 1V1 V11�Vlll� 1v�JGl11J LV LL14 1 V YY Lrl. (2) Antennas mounted on utility Doles or light Doles. The Equipment Cabinet used in association with Antennas mounted on utility poles or light poles shall be located in accordance with the following: A. In residential districts, the Cabinet may be located: 23 (i) In a side yard setback provided the Cabinet is no greater than (3") eight (8) feet in height or occupies no more than sixteen -( 16) three hundred (30Q) square feet of gross floor area, and is located a minimum of five (5) feet from all lot lines. The Cabinet shall be screened by an evergreen hedge with an ultimate height of at least forty-two to forty-eight (42 -48) inches and a planted height of at least thirty-six (36) inches. (ii) In a rear yard setback, provided the Cabinet is no greater than fivc (5) eip-ht ($) feet in height or occupies no more than sixieen (+6) three hundred (300) square feet in gross floor area. The Cabinet shall be screened by an evergreen hedge with an ultimate height of at least seventy -two (72) inches and a planted height of at least thirty-six (36) inches. B. In commercial or industrial zoning districts the Equipment Cabinet shall be no greater than fi (-S) eight ($) feet in height or occupy more than ..,!'A -r e (z�j three hundred QQ,Q) square feet in gross floor area. The Cabinet shall be screened by an evergreen hedge with an ultimate height of at least seventy -two (72) inches and a planted height of at least thirty-six (36) inches. C. In all other instances, Cabinets shall be screened from view of all residential properties which abut or are directly adjacent to a Cabinet by a solid masonry fence six (6) ei ht (B) feet in height and an evergreen hedge with an ultimate height of at least six (6) eiJZht (8) feet in height and a planted height of at least thirty-six (36) inches. (3) Antennas Lpcated on Towers. The related unmanned equipment structure shall not occupy more than one thousand five hundred (1,500) square feet of gross floor area or be more than eight (8) feet in height, and shall be located in accordance with the minimum yard requirements of 24 the zoning district in which located. Eauipment not used in direct support of a Tower Facility shall not be stored or kept on the site of the Tower. unless necessary for oneoina revairs to the Tower. (k) Abandoned Antennas and Towers; Security Fund. (1) Abandonment. Any Antenna or Tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the Operator of such Antenna or Tower shall remove the same within ninety (90) days of receipt of notice from the City notifying the Operator of such abandonment. Failure to remove an abandoned Antenna or Tower within the ninety (90) days shall constitute grounds for removal of the tower /antenna by the city at the provider's expense, as provided for herein. If there are two or more users of a single Tower, then this provision shall not become effective until all users cease using the Tower. (2) Security Fund. Every Provider, whether on public or private property, shall establish a cash security fund, or provide the City with an irrevocable letter of credit in the same amount, to secure the payment of removing an Antenna or Tower that has been determined to be abandoned, as set forth herein. The amount to be provided for each Tower shall be Twenty Five Thousand Dollars ($25,000.00); the amount for each Antenna array shall be Five Thousand Dollars ($5,000.00). In the alterantive. at the City's discretion. a Provider may,, in lieu of a cash security fund or letter of credit, file and maintain with the City a bond with an acceptable surety in the amount nrgvided fgr herein. The Provider and the surety shall be iointiv and severallv liable under ther terms of the bond. In the alternative, at the City's discretion, a Provider may. in lieu of the cash security fund. letter of credit gr bgnd. file with the City a comorate guarantee in a form acceptable to the City to be used as a securitv fund. In the event the City commences removal proceedings 25 pursuant to this subsection, upon five (5) working days notice to the facility owner, the City shall have the right to draw down funds from the security fund. (1) Nonconforming Uses. (1) Pre - Existing Towers. Preexisting Towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new Tower of like construction and height) shall be permitted on such preexisting Towers. New construction other than routine maintenance on a Preexisting Tower shall comply with the requirements of this Section. (2) RebuildingDamaized or Destroved Nonconforming Towers or Antennas. Preexisting Towers or Antennas which are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a permit and without having to meet the separation requirements herein. A Tower rebuilt pursuant to this sub - section shall be of the same type, height and intensity as the original Tower. Building permits to rebuild the Tower shall comply with the then applicable building codes and shall be obtained within 180 days from the date the Tower is damaged or destroyed. If no permit is obtained within 180 days or if the permit expires, the Tower or Antenna shall be deemed abandoned as specified herein. (m) Indemnification and Insurance. The City shall not enter into any lease or license agreement until and unless the City obtains the following: 1. Indem'fiicatign. Each Operator shall provide an adequate indemnity. The indemnity must at least: (a) Release the City from and against any and all liability and responsibility in or arising out of the construction, operation or repair of the Telecommunications Facility. Each Operator must further agree not to sue or seek any money or damages from the City in connection with the above mentioned matters; (b) Indemnify and hold harmless the City, its trustees, elected 26 and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from the Operator, or its agents, employees, or servants of the negligent acts, errors, or omissions of the Operator; and (c) Provide that the covenants and representations relating to the indemnification provision shall survive the term of any agreement and continue in full force and effect as to the party's responsibility to indemnify. (2) Comprehensive General Liability. An Operator and its contractors or subcontractors engaged in work on the Operator's behalf, shall maintain minimum insurance to cover liability, bodily injury and property damage. Exposures to be covered shall include: premises, operations, and certain contracts. Coverage shall be written on an occurrence basis and shall be included, as applicable, in the lease agreement between the City and the Operator. (3) Other Reauirements. In addition to the foregoing, the following requirements must be satisfied: (a) An Operator shall not commence construction or operation of a Telecommunication Facility without obtaining all insurance required under this section and approval of such insurance by the city's risk manager, nor shall an Operator allow any contractor or subcontractor to commence work on its contract or sub - contract until all similar such insurance required of the same has been obtained and approved; (b) The required insurance must be obtained and maintained for the entire period the Telecommunications Facility is in existence. If the Operator, its contractors or subcontractors do not have the required insurance, the City may order such entities to stop operations until the insurance is obtained and approved; (c) certificates of insurance reflecting evidence of the required insurance shall be filed with the Risk Manager. The certificates shall be filed prior to the 27 commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage; (d) These certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least thirty days (30) prior written notice has been given to the City; (e) Policies shall be issued by companies authorized to do business under the laws of the State of Florida; and (f) In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the lease or license agreement with the City, then in that event, the Telecommunications Facility Operator shall furnish, at least thirty (3 )0) days prior to the expiration of such insurance, a renewed certificate of insurance evidencing equal and like coverage for the balance of the period. (n) Penalties. A violation of any provision of this section shall be subject to enforcement by the City's Code Enforcement Department. Section 3. The following terms and definitions set forth in section 78 -2 of the City's Code of Ordinances are hereby repealed: Communication Tower 2. Guyed Tower 3. Monopole Tower 4. Rooftop - mounted communication tower 5. Self- support tower Section 4. Severabilitv. The various parts, sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. In the event 28 of a subsequent change in applicable law, so the provision which had been held invalid is no longer invalid the provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding under this Ordinance. Section 5. Provisions of This $ ection to Control_ Notwithstanding any contrary provisions of the City's Code of Ordinances, including the City's Zoning Code, the provisions of this new Ordinance shall control. $ection 6. Repealer. Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. $fiction 7; Effective Date. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF , 1998. PLACED ON SECOND READING THIS DAY OF , 1998. PASSED AND ADOPTED THIS DAY OF , 1998 MAYOR JOSEPH R. RUSSO COUNCILWOMAN LINDA MONROE VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK 29 ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK P: \CP\HISTORY\ 1101 \9.DOC(319.048) 30 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: January 22, 1998 Subject/Agenda Item Consideration of Approval of Resolution 7, 1998, a development agreement between the City and the John C. Bills Enterprises, Ltd., regarding a revised drainage system at the NorthCorp Planned Community Development. Recommendation /Motion: It is recommended that the City Council approve Resolution 7, 1998. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Approved Finance NA $ ( ] Approved w/ Current FY conditions ACM [ ] Denied Human Res. NA Advertised: Other NA Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [x ] Not Required [ ] Other Resolution 7, 1998 Submitted by: Affected parties Budget Acct. #:: Department Director [ ] Notified [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: The NorthCorp Planned Community Development, generally located at the northeast corner of the intersection of Burns Road and Interstate 95, was approved as a 100+ acre industrial park on January 18, 1990 by the adoption of Ordinance 1, 1990. During the initial five years of development within the PCD, corporate offices, a warehouse and a manufacturing plant were approved and constructed on the site. However, in 1996, the City Engineer's Office identified discrepancies between the approved and constructed site elevations. This created a potential drainage problem within the PCD. The property owner was informed that no future site plan approvals nor development orders would be issued prior to the drainage problem being addressed. Page 2 January 22, 1998 The petitioner has proposed a revised drainage plan for the NorthCorp PCD. The City Engineer's Office has reviewed and signed off on the proposed plan. The plan includes revised site elevations for the undeveloped lots, an enlarged retention area at the southeast corner of NorthCorp Parkway and RCA Boulevard, the conversion of Lot 8 of South Park Center to a retention area, and the inclusion of the former FEC Easement into the drainage easement. The proposed developer's agreement would formally adopt the revised drainage plan for the NorthCorp PCD and allow new development within the project. The City Attorney's Office has reviewed and signed off on the agreement. RESOLUTION 7, 1998 A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY, THE DEVELOPMENT AGREEMENT WITH JOHN C. BILLS ENTERPISES, LTD. REGARDING A REVISED DRAINAGE SYSTEM WITHIN THE NORTHCORP PLANNED COMMUNITY DISTRICT, A COPY ATTACHED AS EXHIBIT "A "; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a potential drainage problem has been identified within the NorthCorp Planned Community, WHEREAS, the applicant, John C. Bills Enterprises, Ltd., is requesting the adoption by the City of a developer's agreement outlining the revised drainage plan for the NorthCorp Planned Community District to address said problem; WHEREAS, the City's Growth Management Department is recommending approval of the developer's agreement; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. 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 the Development Agreement on behalf of the City with John C. Bills Enterprises, Ltd., regarding a revised drainage system within the NorthCorp Planned Community District, a copy of which is attached hereto as Exhibit "A". SECTION 2. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF , 1998 MAYOR JOSEPH R. RUSSO ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. CITY ATTORNEY This instrument prepared by and return to: Lawrence W. Smith, Esquire Gary, Dytrych i Ryan, P.A. 701 U.S. one, Suite 402 North Palm Beach, FL 33408 DNVBLOp'D ENT AGREEMENT This Development Agreement ( "Agreement ") is .made this day of , 1997 pursuant to Section 163.220, Fla. Stat., by and between the City of Palm Beach Gardens, a Florida municipal corporation ( "City ") whose address is 10500 N. Military Trail, Palm Beach Gardens, Florida 33418, Northcorp Development, Inc., a Florida corporation, and John C. Bills Enterprises, Ltd., a Florida limited partnership, 3910 RCA Boulevard, Suite 1011, Palm Beach Gardens, Florida 33410 ( "Northcorp" and "JCB ", respectively), and Palm Beach Community Church,, Inc., a Florida corporation ( "Church°). R E C I T A L S: WHEREAS, the City is empowered and authorized to enter into this Agreement pursuant to Sections 163.3220 and 163.3243, Fla. Stat.; and WHEREAS, JCB is the owner in fee simple of Parcels 1, 2 and 4 and the Church is the owner in fee simple and Northcorp is the contract purchaser of Parcel 3, of the subject property which is described as Exhibit "A" attached hereto and made a part hereof; and WHEREAS, certain drainage concerns were identified by the City with regard to certain properties which are a part of the Plat of RCA Boulevard Center, the Plat of NorthCorp Center, the Plat of West Park Center and the Plat of South Park Center recorded at Plat Book 67, Page 89, Plat Book 67, Page 93, Plat Book 67, Page 91 and Plat Book 67, Page 67, respectively, Public Records of Palm Beach County, Florida (the "Platted Property "); and; WHEREAS, as a result of such concerns Lot 5, Plat of South Park Center is the subject of a Development Agreement executed by the former owner of said Lot 5 and recorded at official Record Book 9359, Page 909, Public Records of Palm Beach County, Florida; and WHEREAS the parties desire to provide for a comprehensive drainage solution for the eventual development of the portion of the Platted Property which is as yet undeveloped; and WHEREAS, JCB and Northcorp have submitted to the City through their engineer, Keshavarz & Associates, a drainage proposal which the City's engineer, Lindahl, Browning, Ferrari &'Helstrom, concurs will meet the needs and satisfy the concerns of the City with regard to the drainage of the Platted Property and which proposal will allow (a) phased construction of said drainage improvements and phased development of the Platted Property, a copy of which proposal is attached hereto as Exhibit "B" and made a part hereof and (b) release by the City of the Lot 5 Development Agreement referenced above. NOW, THEREFORE, the City, Northcorp, JCB and the Church, for Ten Dollars ($10.00) and other good and valuable consideration, 2 including the terms and conditions of this Agreement and Exhibits attached hereto, the receipt and sufficiency of which is hereby acknowledged by each, hereby agree as follows: 1. Recitations: The recitations, statements and agreements set forth above are acknowledged by the parties to be true statements and agreements and correct and are incorporated as a substantive and material part of this Agreement. 2. Drainace Remediation: The drainage proposal identified as the "Construction Phasing Plan" (attached hereto and incorporated herein as Exhibit "B ") and consisting of Phases I through V is hereby adopted by the City, Northcorp, JCB and the Church, and the City agrees that development of the Platted Property may proceed in accordance with the Exhibit "B" drainage proposal. 3. Lot 5 DevelovmentAaree_ment: The City agrees that it will simultaneous with the execution of this Agreement join in the release of the Development Agreement currently encumbering Lot 5 which Agreement is recorded at Official Record Book 9359, Page 909, Public Records of Palm Beach County, Florida. 4. Encumbrance on ProDerty: This Agreement shall be a covenant running with the land of the Exhibit "A" property by the City and shall be recorded in the Public Records of Palm Beach County, Florida. At such time that M all drainage improvements set forth in the Exhibit "B" drainage proposal are completed, the parties shall execute a termination of this Development Agreement which shall be recorded in the Public Records of Palm Beach County, Florida and this Agreement shall cease to be an encumbrance on the Exhibit *A" property. 5. Surety: It is hereby acknowledged by, the City that JCB and Northcorp have posted a surety in accordance with the requirements of the City which includes an amount sufficient for completion of the Exhibit "B" drainage improvements and that the surety will be released in phases in amounts pro rata to the phased improvements to the total obligations secured by the surety until all obligations are met at which time the surety will be released in its entirety. 6. Amenrimm&p: This Agreement may be amended only by mutual written consent of the parties, or ,their respective successors and assigns. 7. Successors in Interest: This Agreement and any rights and responsibilities hereunder are binding and inure to the benefit of the parties hereto as well as their respective successors and assigns. 8. Governinat Law; ygnue: This Agreement shall be governed by the laws of the State of Florida. Any judicial review of any actions between the parties to this Agreement shall 4 be in state court in Palm Beach County,'Florida. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of 1 01 1997. CITY OF PALM BEACH GARDENS, FLORIDA By: Joseph Russo, Mayor ATTEST: LINDA ROSIER, City Clark City Attorney approved as to, form and legal sufficiency. STATE OF FLORIDA J COMMY OF PALL[ BRACW I hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared JOSEPH RUSSO as Mayor of the City of Palm Beach Gardens, Florida, to as known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that he executed the same, [that he is personally known to me] or [who produced as identification in the form of: ) and that an oath [vas] [was not) taken. WZTNE88 my hand and official seal in the County and State aforesaid this day of 1997. NOTARY PUBLIC S STATE OF FLORIDA COONTY OF PALM BEACH I hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared LINDA KOSIER, City Clerk, to me known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that she executed the same, [that she is personally known to me) or [who produced as identification in the form of: ] and that an oath (was) (was note taken. WITNESS my hand and official seal in the County and State aforesaid this _ day of , 1997. NOTARY PUBLIC Print Nate: VARes ,>Aaiy, A4U'�? Print Name: ` ' 1 r54C4 r' yoym l STATE OF FLORIDA COCIFTY OF PALX BRACE JOHN C. BILLS ENTERPRISES, LTD., a Florida Limited Partnership By: JOHN C. BILLS ENTERPRISES, INC., a orida corporation, Gene Part y : /L�o C. Bills, President I hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared John C. Bills as President of JOHN C. BILLS ENTERPRISES, INC., a Florida corporation, as General Partner of JOHN C. BILLS ENTERPRISES, LTD., a Florida Limited Partnership, to me known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that he executed the same, [that he is personally known to met or [who produced as identification in the form of: ) and that an oath (vas) (vas not) taken. WITNESS my h %,nod, and offs �IsealAijn the County and State aforesaid this „�y,�� day of -�{ .997. cow mo�k 6 Notary Public, State of Morida iviy (;�);un, E- xpires June 28,19% No. cC 388236 ainded 1hru W:ltisi Mularg OrnFim Print Name:'ZancT '71jcLr'F f - Print Name' K L.ipsc#,m� sTATR OF FLORIDA j COUNTY OF YAM D ACR j NORTHCORP rtDP?MNT, Florida ation BY: Thomas D f McCloskey, INC., a V430-1t�' President I hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknovledgments, personally appeared Thomas D. McCloskey as President of NORTHCORP DEWLOP?ENT, INC., a Florida corporation, to me known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that he executed the same, [that he is personally known to met or [who produced as identification in the form of: j and that an oath [was] [was notj taken. WITNESS my hand and official seal in the County and state aforesaid this , �2 r—* day of /V1y6ry 1e' _ 1997. K?�. lljl&� NOTkRY PUBLIC 7 'p,RY PAIN BEACH COMMUNITY CHURCH, INC., a �( Florida corporation Print Name : J, C T tr /✓ / ,` Raymonnderwood, President Print Name: Y-) t (1vrG� STATE OF FLORIDA ] COUNTY OF VALK BRACE ] I hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Raymond Underwood as President of PAI14 BEACH COMMUNITY CHURCH, INC., a Florida corporation, to as known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that he executed the same, [that he is _personally known to me] or [who produced as identification in the form of: J and that an oath [was] [was not] taken. WITNR88 m and and of y f s al i t e Count and State aforesaid thisZ / -/-P day o . , 1997. 1 1vs \80191 \deve1op.a9r r s BZfC '--/, - Irly MONK ' k"" "UU1C, 3tate of Rorida MY C:Jntr.:. Expires June 28, 1998 N4 CC 388236 8auitut Thtu Wfirial 1�Tnfarg 13eraire LeoAl' Dmesinden - Page 1 of 2 Parcel 1: Lot 8 of South Park Ceatet, according to the Plat thereof, recorded in Plat Book 67, Page 87, of the Public Records of Palm Beach County, Florida; said 1s"Ai situate, lying and being in Palm Bench County, Florida Parcel 2: Lots 1 and 2 of Northcorp Center, aacotding to lion Plat themf. re oorded in Plat Book 67, Page 93, of rho Public Remds of Palm Bench Coumty, Florida: add lands dumMaj bbW and boning in P" baarh Canty, Mm W&. Tax An m es Non. PCN - 52 -42- 42- 12 -18- 000.0080 - Pumd i - 52- 42 -42 -12- 19-000.0010 - Parcel 2 - Lot I 52.42- 42 -12- 19-000 -0020 - Parcel 2 - Lot 2 1=I2IT pA" Page 2 of 2 Parcel 3t Lot 12 of South parr Center, thereof recorded in Plat Boor 67, Records of Pala Beach County, situate, lying and being in Pals PARCEL 4: according to the plat Page 97, of the Public Ploridai said lands Beach County, Florida. Aaattai pa vd cfiand lyiagwhhindo sxxdnwest omquatter of Secdon 7, Towashfp 42 South. IiwV 43 East, Palm Beach Cmmty. Florida, and befit more po tiadady deaasbed as Mown: Co.. mding at the northwest corner of aid section; tbeooe South 88.08' 18' East, Wog the north Tine of slid Section, a distance of 92437 het to the Point of Begi:hmag. Them caashahe south 88.08'1 &' East a d Wmm of 51.29 %w, tb000s south 13'3983' East abag a line 50.00 lbat eatery of and parand with the wehteriy right of wuy fine ofFlodda East Coast Railway a diataaos of 2741.00 fie to a point on the south line of the northwest owjuamw of said Section 7. them north 88' 1053' West along said south Tine a distance of 51.86 feet to a point on said right of way Un% thence north 13' 3923' West, along said right of way lino a diatana of 2741.13 feat to the Point ofBooming. 01/141199E 10:13 5616897476 KESH_''V RI P--"-GE 02 EXHIBIT "B" The following Construction Phasing Plan is based on an Engineering Report titled "Northcorp Drainage Deficit Solution ", dated June 30, 1997, and prepared by Keshavarz & Associates, Inc.. This report proposes construction at Northcorp that will eliminate the existing drainage deficit_ The following plan provides a guideline with which the Drainage Deficit Solution shall be completed. PHASE I - EXECUTION As a result of the Northcorp Drainage Deficit Solution being approved by the City Engineer and by the South Florida Water Management District, Phase I of the implementation shall include the release of two undeveloped lots. The release of these lots shall occur upon execution of the Developer's Agreement by Northcorp, JCB and Church. PHASE II This phase shall consist of constructing a 2.39 acre dry detention area on Lot S. Construction of this detention area will contribute 10.25 acre -feet of surplus to the drainage deficit. This 10.25 acre surplus shall reduce the overall drainage deficit by 64 %. Five of the undeveloped lots shall be released for development after construction of the dry detention area on Lot 8. PHASE III This phase of the plan's implementation shall include the construction of a 25 foot wide drainage ditch in the recently purchased FEC parcel. Construction of the 1.50 acre ditch shall contribute 3.55 acre -feet of surplus to the existing drainage deficit. This surplus will reduce the existing deficit by approximately 20 %_ One of the undeveloped lots shall be released for development following construction of the ditch. PHASE IV This phase shall consist of constructing a 0.42 acre dry detention area in the northwest corner of the Northcorp Center. Construction of this dry detention area will contribute a surplus of 1.1 acre -feet to the drainage deficit. Upon completion of this dry detention area, one undeveloped lot will be released for development. PHASE V This phase of Drainage Plan implementation shall include lowering the elevations of Lot 12 so that the minimum elevation shall be 12.5 NGVD and the maximum elevation 14.5 NGVDD. This proposed grading will provide a drainage surplus of 1.16 acre -feet. The storage surplus is directly the result of the revised grading and is not contingent on the construction of a paved parking lot. If a paved parking lot is constructed after the lot is regraded, the minimum pavement elevation will be set at 13.2 NGVD. As Lot 12 is itself an undeveloped lot, lowering the elevations (with or without construction of the parking lot) on Lot 12 will constitute its own release to be developed. Page 1 of 2 01/14/199E 10:13 5616697476 KESHAVARZ PAGE 03 EXHIBIT "B" The foregoing construction Phasing Plan will be implemented in accordance with the following documents, which are hereby incorporated by reference: 1. Engineering Report, Northcorp Drainage Deficit Solution, dated June 30, 1997. 2. Northcorp PCD, Undeveloped Lot Drainage Standards, dated November 11, 1997. 3. Northcorp PCD, Required Surface Storage, dated December 1, 1997. 4. F.E.C. Easement Cross Sections, revised October 3, 1997_ 5. Northcorp Center Drainage Deficit Solution, sheet 1 of 7 dated June 19, 1997, sheet 2 of 7 dated June 30, 1997, sheet 3 of 7 dated December 5, 1997, sheet 4 of 7 dated June 23, 1997, sheet 5 of 7 dated December 5, 1997, sheet 6 of 7 dated June 30, 1997 and sheet 7 of 7 dated June 30, 1997. 6. SFWMD Surface Water Management General Permit No. 50- 01627 -6, issued December 17, 1997. Page 2 of 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: January 22, 1998 Subject/Agenda Item: Consideration of Approval: Petition SP- 97 -07, Bascom Palmer Eye Institute Amendments, to allow for amendments to the approved site plan, including changing the building elevations, configuration and square footage. Also, the amendments include minor modifications to the traffic circulation and parking areas as well as landscaping. This site is located on the southwest corner of PGA Boulevard and Fairway Drive. (10- 42S -42E) Recommendation /Motion: Staff recommends approval of this project with six (6) conditions. Reviewed by: Originating Dept.: Costs: $_0 Council Action: Total City Attorney ( ] Approved Finance N/A $ 0 [ ]Approved w/condibons Current FY ACM ( ] Denied Human Res. N/A Funding Source: [ ] Continued to: Advertised: Other N/A Date: [ ] Operating Attachments: Paper: [ J Other N/A Resolution , 1998 [ x ] Not Required Resolution 39, 1996 Map: Site Area Submitted by: Memo: City Forester Memo Building Official Memo: Seacoast Memo: Fire Department Memo: Northern Growth Management Affected parties Budget Acct. #: Director [ ] Notified [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: Location, Zoning and Land Use Henry Skokowski, agent for NWD Ventures Corporation, is requesting amendments to the site plan approved for the Bascom Palmer Eye Institute of the Palm Beaches. This project was originally approved as Resolution 39, 1996 (see attached exhibit). The 7.01 acre site Agenda Cover Memorandum Date: January 22, 1998 Page 2 has a zoning designation of PCD, Planned Community District. The Comprehensive Plan land use designation is Commercial. Adjacent properties include: to the north vacant PDA, Planned Development Area, to the east existing commercial Planned Community District, to the west vacant land zoned Planned Community District and to the south an office complex zoned Planned Community District. The subject property is bounded by PGA Boulevard to the north and Fairway Drive to the east, and is located within the PGA National Planned Community District. Proposed Use The facility is designed for use as an eye examination and treatment facility. The proposed use will also include an accessory gourmet/boutique use. The petitioner has indicated that this use includes a small distribution and purchasing area for pre - packaged food items as well as a seating area. The gourmet/boutique use is proposed as an accessory use to service only the patrons utilizing the eye clinic. Generally, the proposed use remains unchanged from that proposed in the Resolution 39, 1996 approval. .............._.. ... .................................. _................ _... ........_....... . __.. ............................... % StT ANA* YSIS F` n�W. , siR 97 7, SCOU PE E AYE F lfS .... :.......:.: ..................... C? :: OW Zoning: PCD CG -1 Required /Allowed Provided Compliance requirements requirements Commercial in N/A Up to 5% less than 5% yes residential PUD PGA Boulevard N/A subsection- 280(d)(1)b medical yes uses clinic /offices Open Space N/A not less than 10% of total yes Requirements land area ........... ............................... ........... ............................... ........... ............................... ........... ............................... ........... ............................... Building Site Minimum Site Area of 1 7.01 acres yes Area acre Building ite g 1 f Minimum 00 feet 485 feet Y es Kridth Building ot g Maximum of 35 0 0 7.7 /o Y es >= Coe e v ra 9 Hei ht Limit 9 Maximum 36 feet 51 � 4 „ no Zoning . PCD g > <` >< > ><`«' Re wired /All q owed Provided Pro Compliance Comp n requirements Agenda Cover Memorandum Date: January 22, 1998 Page 3 ......... '. .... .................:............. Setbacks . ............................... . .............................. ....... ............................... . Front 50 feet 55 feet yes _ .... Side 15 feet 310 feet yes Side Facing 40 feet 55 feet yes Street Rear 15 feet 310 feet yes Parking ........... ............................... ........... ............................... .......... ............................... Required 272 289 yes Number < ... .11.1- ....... 1 ............ . .......... ............................... ........... ............................... . ..I........- ...........I....... _. . _ 111.1 ._ ......_..__._ Stall Size ........ ............................... _....... 11.11 1.1.11... .......... ............................... ........... ........,,; >;_. >:.'; __........... .1111 .......... .......... ............................... ........... ............................... .. 1111. _........._....... .......... ............................... ........... ............................... ...................... _.. ........... 1111 ........................... ........... ............................... ......................... ............. ......... .........................1111.. ........... ............................... ........... ............................... 10' X 18.5' 10' X 18.5' yes ........... ........................... ........... ............................... -- ........... ............................... ........... ............................... ........... ............................... ........... ............................... ........... ............................... .1111. ...... ............................... Landscaping .......... ............................... ............ ............................... ............. ............................... Points 10,318 11,647 yes Landscaped 8 fe t 15 f eet on R.O.W. 8 feet 15 feet on yes Buffers R.O.W. PGA Blvd. ..... ! .......... ............................... 55 feet 55 feet yes Overlay ........... ............................... Parking Areas » every space within 40 every space yes feet of tree within 40 feet of ......... ......1.......1.............11. ........... ............................... _......_......._..._ tree Preservation ........... ............................... ........... ............................... ........... ............................... ........... ............................... ........... ............................... section 98 intent pine preserve yes Signs 9 `> >< <» ><_ > < 11 481 feet of R.O.W.= 2 Ground Signs 9 [> 1 5 front setback 1 round sin 9 9 Y es Setbacks I en th 15 max 9 15 front setback Y es eight 10 max >` area 60 sq ft max Dimensions sign 1 f or ma i n tenant length th - 4 height e 9 area - 27 s 4 ft. Wall Signs 9 one sin per major tenant 9 P 1 1 sin 9 Y es Agenda Cover Memorandum Date: January 22, 1998 Page 4 Building and Materials The petitioner is proposing to amend the approved elevations. The amendment will change the elevation from an approximately 90% glass facade to approximately a 57% glass, 43% concrete panel mix facade. The petitioner has made the changes to better reflect the design style at the University of Miami campus as opposed the previous design, which was seen as too corporate. The elevation changes will be incorporated into both phases 1 and 2. The facade will consist of beige colored concrete, precast paneling and windows with a light green tinting. The windows will be rimmed with dark green aluminum mullions. The design will also incorporate concrete overhangs, running along portions of the exterior, between the first, second and third floors. The petitioner also proposes to change the porte cochere design and size. The new proposal provides for an enlarged porte cochere, supported by steel beams extending from an exterior support wall. The roof of the porte cochere will consist of a translucent glazing in an aluminum frame system. The building orientation will also be changed from that of one at an angle to the PGA Boulevard /Fairway Drive Intersection to having the front elevation parallel to PGA Boulevard. Also, the building footprint will change, eliminating the curving front facade with a more rectangular footprint. For phase I, the petitioner is proposing to reduce the square footage from 44,733.8 square feet to 44,318 square feet. Overall, for both phases I and II, the square footage will increase from 67,980.1 to 68,175.1. Much of the increase in square footage is located in an expanded ground floor seating area and expanded waiting areas and an atrium on the second and third floors. Agenda Cover Memorandum Page 5 Signage Date: January 22, 1998 The petitioner is proposing changes to the signage on site. This includes changing the size of the ground sign to 8 feet in height and 6 feet eight inches in width from a 7 -foot height and a 5 -foot width. Also, the wall sign area on the north elevation will be changed from 36 square feet to a larger sign area of 115 square feet. The number of ground and wall signs (one each) remains the same. Building official Jack Hanson has reviewed the proposed signage and has commented that it meets the City's sign code. Parkinq Phase I of the Bascom Palmer site will contain 214 parking spaces. The City's code requires 177 spaces. Phases I and II combined will contain 289 spaces, while the City's code requires 272. One additional parking space is being proposed with this request. Landscapinq The petitioner has provided 11,647 points. The City's landscape code requires 10,318 points for this site. The petitioner has provided a 15 foot - landscaped buffer along the Fairway Drive right of way and a 55 foot - landscaped buffer along the PGA Boulevard right of way. The petitioner has also provided that all parking spaces are within 40 feet of a tree. The petitioner has met the intent of the landscape code by preserving a stand of existing pine trees in the southwest portion of the site. Traffic Traffic concurrency was not needed for this site due to the fact that it is located within the PGA National Planned Community District. Drainaqe The proposed amendments should not affect the on -site drainage, as provided in the original approval. A drainage statement dated January 23, 1996 regarding this site was submitted to the Planning and Zoning office. Upon review, the City Engineer recommended a condition of approval which stated "In order to verify on -site or off -site water quality retention and allowable discharge from this project, the applicant needs to provide the portion of the PGA master drainage plan for this site. This information needs to be provided prior to issuance of a building permit. Lightinq The current approval for the Bascom Palmer site provides a condition that "a lighting plan, Agenda Cover Memorandum Date: January 22, 1998 Page 6 which meets the LDR requirements, shall be submitted prior to the issuance of a building permit." The site plan indicates a variety of lighting to be used on -site, including: (1) 20 foot height credenza spider mount dome top pole light, beige (parking area) (2) 44" height credenza dome top bollard walkway light, beige (parking and pedestrian area) (3) wall signage spot light, ground mounted, black (4) wall wash lights, ground mounted, black (5) ground signage spotlight, ground mounted black Some changes have been made to the lighting system approved in the existing approval, Lighting locations have been adjusted to compensate for the change in building elevations and parking area configuration. Also, wall wash lighting has been eliminated from the west elevation of both the phase I and phase II structures. It should be noted that since the original approval of the Bascom, Palmer site, lighting in the office /commercial area of PGA National has become a concern of surrounding residents, due to the approval of additional commercial facilities. Staff Comments Planning and Zoning City Forester Mark Hendrickson has reviewed the revisions to the landscape plan and notes that the revisions to the landscape plan were acceptable' and he has no further comments. City Engineer Assistant City Engineer Tammy Jacobs has reviewed the petition and notes that she has no additional concerns regarding the amendments to the existing site plan. However, the two engineering conditions for submittal of a lighting plan and a portion of the PGA Master Drainage Plan before issuance of a building permit shall remain as a condition of this approval. (see attached exhibit) Building Building Official Jack Hanson has reviewed the signage and has notes that it meets all sign code requirements. (see attached) Agenda Cover Memorandum Page 7 Seacoast Utilities Date: January 22, 1998 Bruce Gregg of Seacoast Utilities has reviewed the plans and notes that Seacoast has no comments regarding the amendments proposed for the Bascom Palmer site. Once detailed water and sewer plans are available, he will be able to provide input on this project. (see attached exhibit) Fire Department Assistant Fire Marshal Scott Fetterman has reviewed the proposed amendments for the Bascom Palmer site and notes that the Fire Department has no adverse comments or concerns at this time (see attached exhibit). Police Department Police Sergeant Jay Spencer attended the Development Review Committee meeting and stated that conflict between landscaping and lighting should be avoided on all site plans. Northern PBC Improvement District O'Neal Bardin of the Northern Palm Beach County Improvement District has reviewed the petition and notes that the petitioner will be required to apply for and obtain a Northern Standard Permit prior to construction. (see attached exhibit) At its July 22, 1997 meeting, the Site Plan and Appearance Review Committee unanimously recommended approval of this petition with the following conditions: (1) In order to verify on -site water quality retention and allowable discharge from this project, the applicant shall provide the portion of the PGA master drainage plan for this site. This information shall be provided prior to the issuance of the first building permit. (2) A lighting plan, including all exterior lights and indicating foot candle levels on the ground and on the face of the building, certified by a registered engineer, which meets the Land Development Regulations requirements, shall be submitted to the Planning and Zoning Commission prior to the issuance of the first building permit. Upon presentation to the Planning and Zoning Commission, the applicant shall provide criteria for the lighting of adjacent buildings, including the Burger King, for comparative purposes. Agenda Cover Memorandum Page 8 Date: January 22, 1998 (3) At such time in the future, if the City takes over landscape maintenance for Fairway Drive, the property owners of the subject property shall pay a maintenance fee to the City for landscape maintenance of the adjacent road shoulder and half of the median. A reasonable fee shall be determined annually, paid in quarterly installments commencing on the first of November. (4) A sidewalk easement, granting access to the public, shall be provided for the 6 -foot sidewalk located along PGA Boulevard and the 5 -foot sidewalk located along Fairway Drive prior to the issuance of the first building permit. The sidewalks shall be maintained by the property owner, without recourse to the City of Palm Beach Gardens. (5) An easement provided for the maintenance of the PGA National entrance sign and associated landscaping by the PGA Property Owners Association shall be provided to the City prior to the issuance of the first building permit. The property owner shall have the right, but not the obligation, to maintain the PGA National entrance sign and associated landscaping. (6) If the Developer chooses to provide Art-in- Public Places on site in lieu of monies, the art shall be provided outside the building. Recommendation Staff recommends the conditions of approval suggested by the Site Plan and Appearance Review Committee with the exception of Condition #2 which address lighting on the site. Staff is recommending the following substitute for Condition #2: "A lighting plan, certified by a registered engineer, which meets the Land Development Regulations requirements, shall be submitted prior to the issuance of the first building permit." G: \Short Range \SP9707.ST2 RESOLUTION 8 , 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN AMENDMENT TO RESOLUTION 39, 1996 APPROVING A SITE PLAN FOR A MEDICAL CLINIC TO BE KNOWN AS THE BASCOM PALMER EYE INSTITUTE LOCATED WITHIN THE PGA NATIONAL PLANNED COMMUNITY DEVELOPMENT BY AMENDING THE ELEVATIONS, THE SQUARE FOOTAGE, AND THE SIGNAGE; AMENDING THE CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council adopted Resolution 39, 1996, approving a site plan for a medical clinic to be known as the Bascom Palmer Eye Institute, located within the PGA National PCD, and WHEREAS, the City's Growth Management Department has received and reviewed an application to amend Resolution 39, 1996 by modifying the elevations, square footage and signage of the approved site plan, and WHEREAS, the City's Growth Management Department is recommending approval of the amendment to Resolution 39, 1996 with conditions of approval; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, approves an amendment to Resolution 39, 1996 providing for a site plan amendment for the modification of the elevations, square footage and signage of a medical clinic to be known as the Bascom Palmer Eye Institute. Section 2. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: 1. July 3, 1997 Site Plan, Spillis, Candela & Partners, Inc., Sheets A0.1 & A0.2. 2. June 5, 1997 Floor Plans, Phase I, Spillis, Candela & Partners, Inc., Sheets A2.1 - A2.4 3. July 3, 1997 Architectural Elevations, Spillis, Candela & Partners, Inc., Sheets A5.1 & A52, A7.11 & A721 . 4. June 9, 1997 Floor Plans, Phase 11, Spillis, Candela &'Partners, Inc., Sheets A6.1 1- A6.41 S. July 9, 1997 Landscape Plan, Spillis, Candela & Partners, Inc., Sheet L 1 Section 3. Section 2 of Resolution 39, 1996 is hereby repealed and replaced with the following conditions which shall constitute requirements upon the approved amendments: ( I) In order to verify on -site water quality retention and allowable discharge from this project, the applicant shall provide the portion of the PGA master drainage plan for this site. This information shall be provided prior to the issuance of the first building permit. (2) A lighting plan, certified by a registered engineer, which meets the Land Development Regulations requirements; shall be submitted prior to the issuance of the first building permit. (3) At such time in the future, if the City takes over landscape maintenance for Fairway Drive, the property owners of the subject property shall pay a maintenance fee to the City for landscape maintenance of the adjacent road shoulder and half of the median. A reasonable fee shall be determined annually by the Growth Management Director and paid in quarterly installments commencing on the first of November. (4) A sidewalk easement, granting access to the public, shall be provided for the 6 -foot sidewalk located along PGA Boulevard and the 5 -foot sidewalk located along Fairway Drive prior to the issuance of the first building permit. The sidewalks shall be maintained by the property owner, without recourse to the City of Palm Beach Gardens. (5) An easement provided for the maintenance of the PGA National entrance sign and associated landscaping by the PGA Property Owners Association shall be provided to the City prior to the issuance of the first building permit. The property owner shall have the right, but not the obligation, to maintain the PGA National entrance sign and associated landscaping. (6) If the Developer chooses to provide Art-in- Public Places on site in lieu of monies, the art shall be provided outside the building. Section 4. This Resolution shall be effective upon adoption. Resolution 8, 1998 Page 2 PLACED ON FIRST READING THIS THE DAY OF JANUARY, 1998. PLACED ON SECOND READING THIS THE DAY OF 11998. PASSED AND ADOPTED THIS THE DAY OF , 1998. JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. BY: CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MON ROE COUNCILMAN JABLIN COUNCILMAN CLARK el► Resolution$ 1998 Page 3 G: \Short Range \SP9707.RES AYE NAY ABSENT RESOLUTION 39, 1996 March 21, 1996 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A SITE PLAN FOR THE CONSTRUCTION OF TWO, THREE -STORY MEDICAL OFFICE BUE.DINGS TOTALING 67,980 SQUARE FEET ON A 7.01 ACRE SITE LOCATED WITHIN THE PGA NATIONAL, PLANNED COhLvfUNITY DEVELOPNtjF-NT. WHEREAS, the City's Planning and Zoning Department has received and reviewed an application for site plan approval for two 3 -story medical office buildings located in the PGA National Office park within the PGA National Planned Community Development; and WHEREAS, the Planning and Zoning Department has determined that said site plan is consistent with the City's Comprehensive Plan; WHEREAS, the City's Planning & Zoning Commission has reviewed the application and recommended it 'for approval, 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, Florida, hereby approves a Site Plan for the construction of two 3 -story medical office buildings totaling 67,980 square feet on a 7.01 acre site located in the PGA National Office Park within the PGA National Planned Community Development. SECTION 2_ The Site Plan approval is conditioned upon the petitioner's compliance with the following conditions: 1. In order to verify on -site water quality retention and allowable discharge from this project, the applicant shall provide the portion of the PGA master drainage plan for this site. This information shall be provided prior to issuance of the first building permit. 2. A lighting plan, certified by a registered engineer, which meets the Land Development Regulations requirements, shall be submitted prior to the issuance of the first building permit. 3. At such time in the future, if the City takes over landscape maintenance for Fairway Drive, the property owners of the subject property shall pay a maintenance fee to the City for landscape maintenance of the adjacent road shoulder and half of the median. A reasonable fee shall be determined annually, paid in quarterly installments by the property owner commencing on the first of November. 4. A sidewalk easement, granting access to the public, shall be provided for the 6 -foot sidewalk located along PGA Boulevard and the 5 -foot sidewalk located along Fairway Drive prior to the issuance of the first building permit. The sidewalks shall be maintained by the property owner, without recourse to the City of Palm Beach Gardens. 5. An easement provided for the maintenance of the PGA National entrance sign and associated landscaping by the PGA Property Owners Association shall be provided to the City prior to the issuance of the first building permit. The property owner shall have the right, but not the oblia2*±on, to maintain the PGA National entrance sign and associated landscaping. 6. If the Developer chooses to provide Art- in -Pubfic Places on site in lieu of monies, the art shall be provided outside of the building. 7. Prior to the issuance of the initial building permit, the construction plans shall reflect the follo%ing modifications: a. Reflect the location of the 6 -inch (Type "D ") curbing proposed to protect Landscaping from vehicular encroachment per Section 153.17(c) of the City's Land Development Regulations; b. The "One -Way" drive aisle west of the porte cochere shall be redesigned by tapering the width from 21 feet to 15 feet and not be allowed to skew to the southwest as recommended by the City Engineer. 8. Only one wall sign in all capital letters shall be allowed and letters shall not exceed 18 inches in height. SECTION 3_ Said construction shall be consistent with plans on file with the City's Planning and Zoning Department as follows: 1. March 12, 1996 Site Plan Phase I A0. 10 by Spillis Candela& Partners, Inc. i Sheet. 2. March 12, 1996 Site Plan Phase II A0.20 by Spillis Candela & Partners, Inc. 1 Sheet. 3. January 18, 1996 First Floor Plan Phase I A2.10 by Spillis Candela & Partners, Inc. 1 Sheet. 4. January 18, 1996 Ground Floor Plan Phase Q A2.11 by Spillis Candela & Partners, Inc. I Sheet. 5. January 18, 1996 Second Floor Plan Phase I A2.20 by Spillis Candela & Partners, Inc. I Sheet 6. January 18, 1996 Second Floor Plan Phase II A2.21 by Spillis Candela & Partners, Inc. 1 Sheet 7. January 18, 1996 third Floor Plan Phase I A2.30 by Spillis Candela & Partners, Inc. I Sheet 8. January 18, 1996 Third Floor Plan Phase II A2.31 by Spillis Candela & Partners, Inc. 1 Sheet. 9. January 18, 1996 Roof Plan Phase I A2.40 by Spillis Candela & Partners, Inc. 1 Sheet 10. January 18, 1996 Roof Plan Phase II A2.41 by Spillis Candela & Partners, Inc. 1 Sheet. 11. February 15, 1996 Elevations Phase I A5.10 by Spillis Candela & Partners, Inc. 1 Sheet 12. February 15, 1996 Elevations Phase II A5.11 by Spillis Candela & Partners, Inc. 1 Sheet 13. January 18, 1996 Landscape Plan L 1 by Spillis Candela & Partners, Inc. 1 Sheet. SECTION 4_ This Resolution shall become effective upon adoption. INTRODUCED, PASSM AND ADOPTED THIS d/_ DK0F>Mgt 1996. R RUSSO, MAYOR ATTEST: . LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCR -MAN CLARK AYE NAY ABSENT ✓ Lbm(t) TO: Kim Glas FROM: Tammy Jacobs DATE: June 27, 1997 LINDAHL, BRONmNING, FERRARI & HELLSTRO-`1, INC. C( 3NSL.L-; \CE`C;,NEERS.PL.-\,',NER5 & SI.R`.E`CR'i NIENIORaNDUNI SUBJECT: Bascom Palmer Eye Institute (#95 -2072) G N We have reviewed the revisions to the Site Plans, Phase I and H prepared by Spillas Candela & Partners, Inc., that were previously approved by Res. 39, 1996, and the narrative dated June 6, 1997, prepared by Urban Design Studio. The engineering related revisions are as follows: Site Plan - Phase I • The total building square footage has been reduced to 44,318. • The required number of parking spaces has been reduced to 177, computed at one (1) space per 250 s.f. per LDR 118 -476. • The number of parking spaces provided has increased to 214. • The number of handicap spaces provided has been reduced to seven (7), meeting the minimum number required per ` 'Florida Accessibility Code for Building Construction". • The orientation of the building has been changed with regard's to PGA Boulevard. The required 55 foot setback from PGA Boulevard is noted on the "Zoning Data" table. Site Plan - Phase „II • The total building square footage has been increased to 68,175.1. • The required number of parking spaces has been increased to 273. • The number of parking spaces provided has been increased to 289. POST OFFICE BOX 727 JUPITER. FLORIDA 114bd -0727 210 JUPITER LAKES BOULEVARM BUILDINC 5000. SUITE 104 15611746.02413 FAX 15611 746.0272 _ WEST PALII BEACH IUPITER STUART FORT PIERCE . OKEECHOBEE 1771740272 _BFs -! 3=-3 =J� "7� 1JN :3^ .3 -3 :„ J- Bascom Palmer Eye Institute Project No 95 -2072 Page 2 • The number of handicap spaces provided has been reduced to seven (7), meeting the minimum number required per "Florida Accessibility Code for Building Construction ". We offer the following comments. 1. Stop signs and bars need to be added at the two (2) exits onto Fairway Drive. 2 Resolution 39, 1996 Section „2,,1 states, "'In order to verify on -site water quality retention and allowable discharge from this project, the applicant shall provide the portion of the PGA master drainage plan for this site. This information shall be provided prior to issuance of the first building permit ". 3. Resolution 39, 1996 Section 2.2 states, "A lighting plan, certified by a registered engineer, which meets the Land Development Regulations requirements, shall be submitted prior to the issuance of the first building permit ". 4. Resolution 39, 1996 Section 2.7.a. states, "Reflect the location of the 6 -inch (Type "D') curbing proposed to protect landscaping from vehicular encroachment per Section 153.17(c) of the City's Land Development Regulations ". TJq»z P ;1p\zTnII cc: Greg Dunham Interoffice Memorandum Building Department TO: Ed Tombari, City Planner FROM: .lack Hanson, Building OA RE. Bascom Palmer Eye Institute Project No. SP -97 -07 DATE: June 23, 1997 Wment I have examined the documents and drawings on the above mentioned project. Both the ground sign and the one wall sign exhibit code compliance We will continue to monitor the above project as it progresses on toward the building permit issuance phase Should you require additional information, please contact me Jh/bb Memo to File From: Mark Hendrickson, City Forester .All k� Subject: SP- 97 -07, Bascom Palmer Amendment Date: July 1, 1997 I have reviewed the above referenced petition, and have no major concerns. My only comment is that the round landscape area at the end of the main building entrance overhang could be designed with taller landscaping, including a specimen plant, for more of an impact at the entrance. 4W Seacoast i *W Uti ity Authority EXECUTIVE OFFICE: June 25, 1997 VIA FAX: 775 -1014 Mr. Edward Tombari Planning and Zoning Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Development Review Committee Meeting June 27, 1997 - Bascom Palmer Eye Institute Dear Mr. Tombari: We have no comments on your transmittal dated June 24, 1997 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, S ACOAST 7. Bruce Gregg Director of Operations ad AUTHORITY .bfau,nq 40aress: PO. Sox IGW2 Palm Beach Gardens. Ronda 33410.96402 cc: R. Bishop y�"�� J. Lance S. Serra y ,�: d1'' _ A4 ¢ � ZOO 4200 Hood Road, Palm Beach Gardens td 33410.2198 Phone: Customer Service (561) 627 -2920 / Executive Office ! FAX (561) 624 -2839 PALM BEACH GARDENS FIRE DEPARTMENT 10500 North Military Trail, Palm Beach Gardens, FL 33410 (561) 775 -8260 Fax (561) 775 -8269 Fire Protection is our Goal, Fire Prevention is our Pride MEMORANDUM June 23, 1997 To: Ed Tombari, Planner Fr: Scott A. Fetterman, Asst. Chief / Fire Marshal RE: (SP- 97 -07), Bascom Palmer Amendment The Fire Department has reviewed the request for amendment for the Bascom Palmer Eye tnsfitute dated June 6, 1997 and has no adverse comments or concerns at this time. Thank you for your consideration in this matter. Please contact me if any future changes should occur. NOF -IERN PALM BEACH COON" IMPROVEMENT DiSTRIC; 35 f-4. OP"F PgLU 3C>GH V-1ROENS. FLOR10A 3_ 8 - 50' -6z-t -,93,7 . FAx 501'621 -783: June 23, 1997 Edward Tombari, City Planner City of Palm Beach Gardens 10600 North Military Trail Palm Beach Gardens, FL 33410 -4698 Re: Development Review Committee SP -97 -07 Bascom Palmer Eye Institute Unit of Development No. 11 Dear Mr. Tombari: We are in receipt of your memorandum to the Development Review Committee dated June 20, 1997 regarding the amemdments to the above referenced site plan. Please be advised the proposed project . is located within our Unit of Development No. 11 and will be required to apply for and obtain a Northern Standard Permit prior to construction. Please feel free to contact me if you have any questions regarding this matter. Thank you for your cooperation. ONB:vbl Sincerely, O'Neal Bardin, Jr. Technical Assistant 0 MMTCO an 1CCTCLSO PMO - �`<. 44, o� Ni,�19 ORDINANCE 1, 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO SECTION 38- 88, SUBPARAGRAPH (a) OF THE CODE, ENTITLED "CODES AND STANDARDS ADOPTED" OF CHAPTER 38 ENTITLED "FIRE PREVENTION AND PROTECTION ", TO UPDATE REFERENCES TO STANDARD CODES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it has been determined that the City's Fire Prevention and Protection Code needed to be amended to reflect a more recent reference to Standard Fire Codes. 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 struck): Sec. 38 -88. Codes and standards adopted. ( a) the Standard Fire Prevention Code, 1 9-73 : cu��i��� 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 3. It is the intention of the City Council that the provisions of this ordinance shall become and be made a part of the City of Palm Beach Gardens Code of Ordinances. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF , 1998. PLACED ON SECOND READING THIS DAY OF , 1998. PASSED AND ADOPTED THIS DAY OF , 1998. ORDINANCE 1, 1998 PAGE 1 OF 2 MAYOR JOSEPH R. RUSSO COUNCILWOMAN LINDA MONROE VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY. VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK CITY ATTORNEY AYE NAY ABSENT ORDINANCE 2, 1998 .w AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING O APPROVAL OF AN AMENDMENT TO SECTION 2 OF ORDINANCE 14, 1997 FOR A WAIVER OF THE ART IN PUBLIC PLACES IMPACT FEE REQUIREMENT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens approved a Planned Unit development by Ordinance 14, 1997 for the expansion and renovation of former Holiday Inn/MacArthur Vineyard currently known as DoubleTree Hotel located at the northwest corner of PGA Boulevard and Interstate 95 Interchange; WHEREAS, Amstar Texas Pool, LTD. has requested that a waiver of the requirements of Ordinance 12, 1993, Art in Public Places, be granted for DoubleTree Hotel; and a In Public"PlaYes Ittheact Fe-e--6e arante'for DoubleTree Hotel. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens hereby ads-the d for the DoubleTree Hotel as originally approved by Ordinance 14, 1997 to include the following condition of approval: 1. The petitioner shall contribute $15,168.87 as the Art In Public Places Impact Fee. Section 2. 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. JOSEPH RUSSO, MAYOR COUNCIL WOMAN LINDA MONROE VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK \bk ordinance-2, 1998 Page 2 MISC- 97 -26, DoubleTree Art In Public Places Request for Waiver Comparison: Palm Beach Gardens Square (Northlake Blvd. Publix) In 1991 Brock Development received a waiver or credit for providing roof improvements equaling $15,518.00, and for providing landscaping above minimum code requirements equaling $32,762.00. The sum of the above improvements ($48,280) equals the total amount Brock Development would have had to pay for art for their project. DoubleTree Hotel (Holiday Inn Renovation) Henry Skokowski, agent, is requesting a waiver or credit for providing extensive exterior building improvements and landscape improvements including a water feature and paver patterns. However, at this time a cost for these items has not been provided. They did indicate an art investment of $79,200 for the numerous artworks provided inside the hotel. Staff has also determined that the improvements to the pool area exceed $100,000.00. These improvements were over and above code requirements, and included the waterfalls, special pool area pavers, trellis, a bridge over waterfalls, dinning patio, and landscaping not originally required by City Council. In conjunction with the aforementioned exterior building renovation improvements, the landscape and pool improvements total $179,200. In addition to the pool area improvements, the applicant provided additional landscaping around the entire site equaling almost an 25% increase in the original budget for landscaping. December 5, 1997 I� 1*eV. Its. Bahareh Keshevarz � The Citv of Palm Beach Gardens tAuk,� G 10500 N. Military Trail ,Lpt1�N Palm Beach Gardens, FL 33410 RE: DOUBLETREE HOTEL ART IN PUBLIC PLACES REQUEST FOR WAIVER - OUR REF. #16052.03 Dear Bahareh, In accordance with Section 106 -31 of the Palm Beach Gardens Land Development Regulations, please accept this letter as our request for a waiver from the requirements of Section 106 -29 which requires a fee to, be imposed on new construction for the purposes of placing art in public places. At the time of, ,building permit application to renovate the old Holiday Inn Hotel into the new DoubleTree Hotel, the developer believed that an Art in Public Places fee was not applicable and therefore did not include it in the construction budget. In fact, the building permit application checklist indicated that the Art in Public Places (AIPP) fee was "N /A ". It is our belief that this determination was based on the provisions in the City's code which suggest that the AIPP provisions are only applicable to "new" construction and that the hotel was an extensive redevelopment/renovation project. It was not until the request was made for a CO that the developer was made aware that a reinterpretation had been made and that a fee would be required. In accordance with an agreement with the City Managers office, the amount of $20,500 has been placed in an escrow account until this matter can be resolved. The AIPP fee was based on a calculation of .5% of the building permit valuation of 4.1 million dollars. We hereby request that the City Council waive payment of any portion of that fee. As outlined in Section 106- 31(a), the City Council, at its sole discretion, may "waive the requirements contained in Section 106 -29" "provided the existing complex involved, contains plans for redevelopment, wherein exteriors of buildings are extensively remodeled ". The transformation of the old hotel into its present design certainly meets that criteria. In addition to the exterior building improvements, the developer has made substantial upgrades to the landscaping of the site including a waterfall feature and paver patterns which are in excess of the code requirements. The developer has also provided numerous art works located in public common areas of the hotel, at a value of $37,200. Additional artwork throughout the hotel brings the developers art investment totals to $79,200. As part of the approval process, the developer agreed to remove the non - conforming ground signs and made voluntary commitments to bring the project into compliance with other sections of the code. Additional monies spent on interior renovations and the redevelopment of this project included, but are not limited to, consultants, development fees, furniture, Lgt= Urban Design Planning and equipment brin in the overall investment u to 9.8 million Land PlennkV dollars. skm Vndscaps ArehiteMrs Communieaftrn Graphics 2000 Palm Beach I akee Boulevard AIPPWaiverBahareh.120597 Suite 600 The Concourse LCC35 West Pakn Beach, Florida 334098592 561.689.0066 FAX 561.aa9.0551 i San Juan Capistrano, CA 714.489.8131 its. Bahareh Keshevarz December 5, 1997 Page 2 Interior renovation was required to modernize and replace decayed and aging interiors and to prevent the property from lapsing into a depressed economic state. Because of the age of the building, additional expenses were incurred to abate the effects of previous construction practices. Remodeling of the ground floor and an emphasis on providing meeting room space has resulted in a more efficient and economically viable project which will attract business people to the area and provide local residents with additional employment opportunities. The renovation and redevelopment of the hotel has provided the City with a multi - million dollar investment in the appearance and future development of the area. Palm Beach Gardens Comprehensive Plan policies reflect a vision regarding the character of the City. This vision portrays Palm Beach Gardens as a major town center in the North County. The redevelopment of the hotel creates an inviting, visually attractive place for visitors and residents and is in keeping with the City's vision. The redevelopment was also encouraged and strongly supported by the City Council. The redevelopment of older projects is in the best interest of and protects the City from potential blighted conditions. The developers of this project have invested millions of dollars, contributed to the improvement of the area, increased the tax base, and the general welfare of the City. They, therefore, respectfully request that the City Council waive the requirement of the Art in Public Places fee. It is our understanding that this request will be presented to the Art Advisory Board for their recommendation and will then go to the City Council for their review. For your consideration attached please find the following: • A copy of the warranty deed of the property • An owners authorization letter designating Urban Design Studio and Henry Skokowski as authorized agent on behalf of the owner in this matter • A copy of the approved site plan • A copy of the approved building elevations • A copy of the approved landscape plans • A list of the art in the public areas of the hotel Hank intends to bring color photographs of the hotel before and after the renovations to the meeting. It is my understanding that you are trying to schedule a meeting of the Art Advisory Board for December 15`h. If you need any additional information, please let me know. Sincerely, Urban Design u o Anne Booth cc: Len cBroom Tom Evans Benny Baez A! PP WaiverBahareh. 120597 LCC35 0 DOUBLET°REE HOTEL IN THE GARDENS Artwork Lobby East Wall Dix Baines "Palm Beach Gardens Abstract 1" Oil on Canvas Lobby South Wall Dix Baines "Palm Beach Gardens Abstract 11" Oil on Canvas Lobby West Wall Dix Baines "Palm Beach Gardens Abstract III" Oil on Canvas Plumbago's Restaurant Dix Baines "In The Manner of Henri Rousseau's The Dream" Oil on Stretched Canvas _Hibiscus Board Room_ Mary Jane Schmidt "August Garden" Print Media Hvacinth Board Room_ Mary Jane Schmidt "Parrots and Orchids" Print Media Mezzanine Foyer Libby Daniels "Tapestry and Rod" Mixed Media on Canvas Magnolia Parlor Foyer Donna Povlinka "Water Lilies Interpretation" Oil Pastel /Acrylic on Canvas g Elevator Lobby Foyer Donna Povlinka "Lily Ponds Interpretation" Diptych <2 paintings> Oii Pastel /Acrylic on Paper Lagoon's Oasis Loun9e Eileen Seitz "Poolside Bromeliads" Print Media Gardenia Court Foyer Kevin McPherrin "Toucans with Leaves" Acrylic on Canvas Orchid Salon Foyer_ Kevin McPherrin "Toucan with Parrot" Acrylic on Canvas Oleander Salon Foyer Kevin McPherrin "Flowers and Leaves" Acrylic on Canvas Jasmine Salon Foyer Nancy Robbins "Palm Beach Collage I" Mixed Media Azalea Salon Foyer Nancy Robbins "Palm Beach Collage 11" Mixed Media Petite Suites, Conference Suites and Guest Room Manuel Montes de Oca "Palm Beach Ocean Scene" "Palm Beach Golf Scene" Oil on Canvas Reproduced into Posters Ken Hawk "Jardin Du Montre", Diptych (2 paintings) Hand Pulled Serigraph I y ORDINANCE 12, 1993 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REPEALING ARTICLE IV, ART IN PRIVATE DEVELOPMENTS, OF CHAPTER 151, OF THE PALM BEACH GARDENS CODE AND ADOPTING A NEW ARTICLE IV, ART IN PUBLIC PLACES, IN REPLACEMENT THEREOF, AND, PROVIDIING FOR THE REPEAL OF ANY PART OF THE PALM BEACH GARDENS CODE IN CONFLICT HEREWITH, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Article IV, Art in Private Development. of Chapter 151 of the Palm Beach Gardens Code is hereby repealed. Section 2. A new Article IV, Art in Public Places, k hereby adopted as follows: "Section 151.70 Definitions" For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. "Construction_ Cost." Total costs of buildings constructed on the site. "Di�,vi;looment." Any capital project to construct or remodel any private pr public development, except residential, or any portion thereof within the limits of the city. "Works of Art." All forms of the visual arts conceived in any medium, material, or combination thereof, including, but not limited to painting, sculpture, fountains, engraving, carving, frescos, mobiles, murals, collages, mosaics, bas - reliefs, tapestries, photographs, drawings, and collaborative design projects between architects and /or landscape architects and artists. "Section 151.71 Budget Aoorooriation For Art In.. Public. Places In iDeveloom . ts: RoAl1iir�mgntj," (A) All budgets for the new construction of private and public developments in the city, as specified in Section 151.72, shall include an amount of 1% of the total budgets as a fee for art in public places. Said fee shall be imposed and paid as follows: members shall be residents of the city. No mernher of City Council or for -profit arts dealer or consultant shall be eligible for membership. (B) This committee shall screen submissions of existing or commissionable works of art and make a recommendation to the City Council, which shall meet to review and vote on the recommended selection within 30 days of the filing thereof with the City Clerk. The committee shall make recommendations to the City Council at time of permit application or prior to final site plan approval. The City Manager shall have the authority to provide monies for administrative expenses of the committee. (C) The following criteria must be considered by the Art'Advisory Committee in the selection of an artist for an APP development project: (1) Appropriateness of art work to site and site environmental conditions, including visual accessibility to pedestrian and /or vehicular traffic. (2) Quality of art work. (3) Maintenance requirements. (4) Ability of artist to complete project within specified schedule. (5) Exhibition and sales history, as well as works in public collections and previous public art purchases or commissions. (D) Consideration must be given to project zoning (as base specifications and wind tolerance for sculpture). Permits and building department approval must be obtained when necessary. (E) Duties of the AAC. (1) The AAC must meet at appropriate times to complete their task within the specified schedule. The AAC shall develop regulations regarding submittal and approval of recommended artwork. "Section 151.99 Penaltv" A violation of this chapter shall be a misdemeanor punishable according to law; however, in addition to or in lieu of any criminal prosecution the city or any individual paying the fair share fee shall have the power to sue in civil court to enforce the provisions of this chapter. Section 3. Any part of the Palm Beach Gardens Code in conflict herewith is hereby repealed. i Eligible projects are new construction, rcnovation, or remodeling of any improvement with a minimum construction cost of S1,000,000, excepting residential structures. "Section 151.73 Waiver Requirements" (A) The City Council in its sole discretion may waive the requirements contained in Section 151.71. Required fees may only be waived in whole or in part by the City Council, provided the existing complex involved contains plans for redevelopment, wherein exterior of buildings are extensively remodeled, or buildings are demolished and replaced with square footage equal to or less than that of original buildings. Upgrading of landscaping, entrances, and parking, if any, which provided substantial improvement over the existing code requirement shall he factors to be considered in the waiver process. (B) The City Council in reaching its decision shall further consider the proposed improvements or upgrading as to improvement of appearance and utility of use by existing tenants and business invitees, and the probability of the owner acquiring substantial or anchor tenants and relieve the complex from a distressed status both in appearance and economically. Monies expended for the purpose of meeting minimum code or site plan requirements shall receive no credit. Landscaping shall be considered a temporary improvement as compared to a permanent structural improvement in determining a monetary credit; and the City Council accordingly shall not give more than 50% credit for cost of same. Unusual cost of individual plantings or group of plantings, such as rare exotics, shall not be considered as the sole factor for credit. Promotion of the general welfare of the city shall be a major factor in the abatement of fees. (C) The City Council, based on the foregoing, shall determine the amount of fees, if any, which shall be waived and may grant a partial credit towards required fees when a project contains unusual architectural features. (D) The City Council, upon the recommendation of the Art Advisory Committee, may give a developer partial credit for element of the project which supplies creditable aesthetic features for the benefit of the public. "Section 151.74 Requirement For Creatlitm Qf An Art Advi,ory Committee (A) The City Council shall by resolution create an Art Advisory Committee who shall consist of five regular members and two alternates. The majority of the regular rN (1) The Developer shall submit to the city documentation showing that a deposit was made with the developer's attorney, escrow in an amount of money equal to the art fee prior to the issuance of the first building permit. The developer's attorney will furnish the city documentation of the withdrawals for payment of art fees in accordance with the terms of the contract between the developer and the artists. The developer's attorney will provide the city a final certification and accounting of the payment of art fees at the conclusion of the placement of artwork. (2) Any surplus balance existing in the escrow accounts after the developer has placed the artworks shall be collected by the city and held in a segregated, interest bearing account of the city and used at the construction site or another site within the city as determined by the City Council and shall be in a :cordance with further provisions of the code. (3) The selection and commissions of the artists shall'be by written contract M between the developer and artists. (4) If the final project cost is higher than the cost figure' used to calculate the preliminary art budget, the art budget must be increased as necessary to equal 1% of the actual defined total project cost. The art budget must be revised within 30 days of any such changes. (5) The artwork shall be displayed in a location visually accessible to pedestrian and /or vehicular traffic. (B) Instead of providing the artwork on the project site, a developer may choose to contribute 0.5% of the total construction costs as the required art fee directly to the city for inclusion in the city's art account. The developer shall have no input in the use of such funds. (1) The selection and commissions of the artists and artwork shall be by written contract between the City and artists. (2) All artwork purchased by the City from the developer art fee contribution shall be displayed on city -owned land, a city-owned building or a city - leased /rented facility. The artwork shall be displayed in a location visually accessible to pedestrian and /or vehicular traffic. (C) Artist selection. The selection and commissioning of artists shall be in accordance with the ,APP Implementation GUitlllines by the .art A.dvisory Committee. (D) Art Advisory Committee (1) The City Council shall appoint a special Art Advisory Committee to render an advisory opinion regarding, but not limited to: (a) The suitability of the construction project as a location forworks of art; and (b) The nature of the works of art which are most appropriate for the construction project; and (c) The hest method of securing the recommended works of art. (2) The City Council shall specify the scope of the opinion which it elicits from the special Art Advisory Committee, and the time limit within which a response is required. (E) Ownership /maintenance. Artworks purchased under the provisions of Section A of this Section 151.71 are the property of the developments and must be insured and maintained by them. Artworks purchased under the provisions of Subsection B of this Section 151.71 are the property of the City and shall be maintained by the City. No installed artwork can be altered or removed from the site without approval of the City Council. When developer -owned art is situated at or on property or facilities owned or occupied by the city, the developer may transfer ownership to the city. If accepted, such a gift will entitle the developer to all ;appropriate ttae deductions for charitable contributions. Such art must be maintained by the city. The city has the right to maintain any art it deems improperly maintained and charge the owner the cost of such maintenance. (F) Insurance. Proper insurance coverage shall be maintained by the city on artworks purchased with funds generated by this subchapter and/or if ownership is transferred by the private development to the city. (G) To validate the value or ;art submitted to comply with the provisions of this Section, the Art Advisory Committee shall have the authority to have an independent art appraiser submit a written appraisal of the art submitted. Such appraisal will be paid for by the Developer as part of his overall total art contribution amount. "Section 151.72 Eligible Proiects" Section 4, This ordinance shall he effective upon date of passage. INTRODUCED ON FIRST READING THIS ` _� DAY OF AUGUST, 1993 PLACED ON SECOND READING THIS, J�►Y1 rt DAY OF 44h� 1993 PASSED D OPTED THIS THE ,,7, a DA //,, VICE MAYOR MONROE ATTEST: 0�iD% V. KOSIER, CITY CLERK COUNT CILWOMAN FURTADO COUNCILMAN CLARK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: January 22, 1998 Subject/Agenda Item First Reading for Ordinance 2 , 1998: A request for a waiver from the Art in Public Places fee for the DoubleTree Hotel located at the northwest corner of PGA Boulevard and Interstate 95. Recommendation /Motion: It is recommended that Ordinance 2 , 1998 be approved on first reading. Reviewed by: r Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Approved first reading Finance . NA $ [ ] Approved w /conditions ACM Current FY [ J Denied Human Res. NA Other NA Advertised: Funding Source: [ ]Continued to: Date: [ j Operating Attachments: Paper: [ ] Other Ordinance , 1997 [ ] Not Required Letter from Petitioner Submitte y ! �_ Growth Management Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [ ] Not required BACKGROUND: Henry Skokowski, agent, is requesting a waiver of the art fee required for the DoubleTree Hotel located at the northwest corner of PGA Boulevard and Interstate 95 Interchange. On April 3, 1997, City Council approved the Planned Unit Development for the expansion and renovation of former Holiday Inn /MacArthur Vineyard currently known as DoubleTree Hotel, through the adoption of Ordinance 14, 1997. Per Ordinance 12, 1993, Art in Public Places, new construction, renovation, or remodeling Page 2 January 22, 1998 of any improvement with a minimum construction cost of $1,000,000, shall include an amount of 1 % of the total budget as a fee for the provision of art work on the project site. Instead of providing the artwork on the project site, a developer may choose to contribute 0.5% of the total construction costs as the required art fee directly to the City for inclusion in the City's art account. In addition, according to Ordinance 12, 1993, the required fees may be waived by the City Council based on certain criteria (see attached). These criteria include plans for redevelopment, wherein exterior of buildings are extensively remodeled, or buildings are demolished and replaced with square footage equal to or less than the original building. Upgrading of landscaping, entrances, and parking, which provided substantial improvement over the existing code requirement, also improvements of appearance and utility of use by existing tenants and business invitees and a relief of the complex from a distressed status both in appearance and economically, could also be considered by the City Council in reaching its decision. The waiver request for the DoubleTree Hotel is based on the extensive exterior building improvements as well as landscape improvements including a waterfall feature and paver patterns. The petitioner has also noted that the developer has provided numerous artworks located in public common areas of the hotel at a value of $37,200.00. The petitioner has indicated that the art investment for the hotel totals to $79,200.00 (see letter from Anne Booth dated 12/5/97). A list of the artworks located in the hotel is also attached for your review. In addition the petitioner has noted that at the time of the issuance of the Building Permit, the building permit checklist indicated that the Art in Public Places fee was "N /A." Therefore, the developer believed that the Art in Public Places fee was not applicable and did not include it in the construction budget. The DoubleTree Hotel total project cost was determined to be $6,067,150.00. Under the terms of the Art in Public Places Ordinance, the petitioner is required to pay $60,671.50 (1 % of the total budgets) for art on the project site or donate $30,335.75 (0.5 %) to the City's art account. At its December 22, 1997 meeting, the Art Advisory Committee reviewed the waiver request and recommended that the City Council grant a partial waiver to this project. The Committee recommended that the petitioner provide 1/4 of one percent of the total project cost as the Art In Public Places Impact Fee for the DoubleTree Hotel, which would be a total amount of $15,167.87. ORDINANCE 3, 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO DIVISION 3 OF CHAPTER 2 OF THE PALM BEACH GARDENS CODE OF ORDINANCES ENTITLED "EDUCATION ADVISORY BOARD ", SPECIFICALLY SECTION 2 -132 "COMPOSITION; APPOINTMENT; TERMS ", SECTION 2 -135 "DUTIES AND RESPONSIBILITIES PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, adopted Ordinance 14, 1994, which created the Education Advisory Board, and subsequently amended said Ordinance by Ordinance 6, 1995, and Ordinance 22, 1997; WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, has determined that additional amendments need to be made to assist in efficient operations for the Education Advisory Board; and WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, has determined that it would be beneficial to the Education Advisory Board to make requested amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION, 1. The City Council of the City of Palm Beach Gardens, Florida, hereby amends Section 2 -132 of Division 3 of Chapter 2 of the City of Palm Beach Gardens Code of Ordinances, entitled "Composition; appointment; terms ", to read as follows: (added words underlined; deleted words sty uck) Sec. 2 -132 Composition; appointment; terms. ( a) The education advisory board shall be composed of 15 regular members and 4 alternates, appointed by the city council for terms of two years, except that the members of the first board to serve shall be appointed so that seven members shall serve one -year terms, and five members shall serve two -year terms. Their successors shall be appointed to two -year terms. No member may serve more than ,wv tciivis four consecutive years on this board. All persons who serve on the education advisory board as a regular member, — for a period of four consecutive years, shall not be eligible for appointment to the board until the expiration pf the fifth year from the date the person was appointed to the education advisory board. However, the city council shall have the right to waive the foregoing requirement in the event no eligible candidate shall be available to fill the vacancy created on the board. Eligibility of a replacement candidate shall be determined by the city council. ( b) The education advisory_ board shall include a "Student Coalition" to be composed of students from schools listed in Section 2 -134. The student coalition shall elect one student as a spokesman for the purpose of casting a vote afforded to said student coalition regarding 11 matters coming before the education advisory board for a formal vote. ( \\Vz 04e f t646 n(- aftm MA -V SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby amends subparagraph (11) of Section 2 -135 "Duties and responsibilities" to read as follows: (11) Provide comments to the city council regarding proposed residential developments and their impact upcm uhC; ia%,Lai vaiam.,. vL a,%aiv ,ia. SECTION 3. The City Clerk is hereby directed to ensure that the contents of this ordinance be codified as part of the City Code of Ordinances. SECTION 4. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. SECTION 5. All Ordinances or parts thereof in conflict herewith are hereby repealed. SECTION 6. This ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF , 1998. PLACED ON SECOND READING THIS DAY OF , 1998. PASSED AND ADOPTED THIS DAY OF , 1998. MAYOR JOSEPH R. RUSSO COUNCILWOMAN LINDA MONROE VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY. VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK CITY ATTORNEY AYE NAY ABSENT M E M O R A N D U M WATTERSON, HYLAND & KLETT, P.A. To: Greg Dunham From: Carole Wallace Post C-�1"R' Subject: Drainage Easement, Unit of Development No. 19 File No: 319.058 Date: January 9, 1998 Based upon the attached documentation, I recommend that the City accept and execute the attached grant of Drainage Easement. The attached is an original document executed and sealed by the grantor. Upon execution by the City, the document should be recorded and a copy of same forwarded to all affected parties. If you should have any further questions on this matter, please do not hesitate to contact me. cc: Tammy Jacobs, Assistant City Engineer P: \CP \H ISTORY\1091 \4. DOC(319.058) If LINDA HL, BROWNING, FERRARI & HELLSTROM, INC. C;(Uh.SULTING ENGINEER~. PLANNERS & SI.;RVEYORS MEMORANDUM TO: Carole Wallace FROM: Tammy Jacobs DATE: January 5, 1998 SUBJECT: Regional Center I have received your letter dated December 30, 1997 requesting documentation supporting the necessity of the drainage easement for Unit of Development No. 19. Enclosed please find a portion of the construction plans for the east end of Gardens Boulevard provided by Mock Roos that shows Gardens Boulevard will run contiguous with the water management tract when fully constructed. However, Gardens Boulevard has not been fully constructed at this time and does not run contiguous with the water management tract. Therefore, a drainage easement for structures S -35, S -35A and the connecting pipe from the east end of Gardens Boulevard to the water management tract is needed. Once the City has recorded the said easement, we will provide Mock Roos with the necessary information to add said easement to the Definitive Map. T1 p : \pbgmemw84 -237.4 c: Greg Dunham Mock Roos & Associates OFI I(..F ii U''. 1L. !TER, FLOKI!1'.: '11)!I_!'ITFR I: \KES 0K) L. LE'.. \RF). BI;ILDI��(; X000. SUITF Ia,i b1i - .o- 'i1-)H I7AX 6611 746 -0272 (VEST PAL.%i BEACH i(. PITf:R STUART FORT PIERCE OKEECHOBEE 1-05-1998 3 (r)8PM F ROht tit( )Ck ;,,()OS 78 7248 P 2 .l P�GiA t � w r a� v' C - - " —ec�ui VAM V (Y�'\ J �Vh N hhy � d sue, 00 v 0� �v i V • V z, In IN 1 ► 1 M-5, SV ('L BI V l jl i ( )( )2j UA tN(721 i gm N Wrif�t� � 8661 -SE'1- l - nt.LU • CV W• ''M,�cc CW4ttaJ ft c°.iaCow0""i' V! N U tat tt t/> N U ••.. V (Y�'\ J �Vh N hhy � d sue, 00 v 0� �v i V • V z, In IN 1 ► 1 M-5, SV ('L BI V l jl i ( )( )2j � tN(721 i Wrif�t� � 8661 -SE'1- l GL Q � N m a PC, M-5, SV ('L BI V l jl i ( )( )2j ':A' )C)W tN(721 i GL Q � N m a Wrif�t� � 8661 -SE'1- l 'this Instrument to be Returned to: DRAINAGE EASEMENT 199E THIS DRAINAGE EASEMENT (the "Easement "), made this day of , „'; is given, granted and conveyed as to the hereinafter described property by the JOHN D. and CATHERINE T. MacARTHUR FOUNDATION, an Illinois not - for - profit corporation, 4400 PGA Boulevard, Suite 900, Palm Beach Gardens, Florida 33410 -9680, (hereinafter referred to as the "Grantor "), to the CITY OF PALM BEACH GARDENS, a Florida municipal corporation, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 (hereinafter referred to as the "City ") . WITNESSETH: WHEREAS, Grantor is the record fee title owner of that certain real property described in attached Exhibit "A" (said real property being hereinafter referred to as the "Property"); and, WHEREAS, the City is the owner of certain roadways which require an outfall for stormwater drainage; and WHEREAS, the Grantor intends by this Easement to grant to the City a non - exclusive drainage easement over, under and upon the Property for road right -of -way stormwater drainage in accordance with the provisions and understanding as hereinafter set forth. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The above recitals are hereby incorporated into this Easement and made a part hereof. 2. DRAINAGE EASEMENT. The Grantor does hereby grant and convey to the City a non - exclusive drainage easement authorizing and permitting the City's construction, operation and/or maintenance of such road right -of -way stormwater drainage facilities, systems, structures and works in, over, under and upon the Property as are needed in order to effectuate the lawful purposes of the City. 3. AS$IONMENT. The City agrees that it shall not sell, assign or transfer any of the rights or easements granted to it hereunder, either directly or indirectly, without the prior written consent of the Grantor or the then fee title owner of the Property, as the case may be, and any attempt to do so shall be null and void; providing, however, that this prohibition shall not apply to an assignment or transfer by the City to any other governmental agency. 4. WARRANTY OF TITLE. Grantor does hereby fully warrant the fee title to said Property and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, and that Grantor has good right and lawful authority to grant the above described easements and authorizations. 5. RELEASE OF EASEMENTS. A material provision to the granting of this Easement is the agreement by and between the parties hereto that in the event the City should subsequently determine that it no longer requires all or any portion of the easements or rights granted herein to carry out its lawful duties, functions and responsibilities, then in such event said rights, easements or any portion(s) thereof which are no longer required for the continuing responsibilities of the City shall terminate and be released without the requirement for payment of any consideration for said release by or from the Grantor. The aforementioned termination or release of a right, easement or portion thereof by the City, shall not be effective until such time as the City has received a written request from the then fee title owner(s) of the Property for the above described determination and the recording of a quit claim deed, release, termination or other appropriate document issued by the City pertaining to the right(s), easement(s) or portion thereof which are being terminated or released. 6. RELOCATION. Grantor hereby reserves to itself the right to require the City to relocate the Easement herein granted. Upon receipt of written demand, the City shall release and abandon the Easement and Grantor shall grant to the City another easement suitable for the drainage purposes as herein stated. The Grantor shall reimburse the City for all reasonable and necessary relocation expenses. 7. SUCCESSORS AND ASSIGNS. Where the context of this Easement allows or permits, the terms "Grantor" and "City" shall also include their successors and assigns. 8. PARTIES, BOUND BY AGREEMENT. This Easement, including all rights, easements, authorizations, warranties and conditions, shall be binding upon and enure to the benefit of the Grantor and City, together with their respective successors and assigns, and shall be covenants that run with the land. 9. MODIFICATIONS. Any modification of this Easement shall be binding only if evidenced in a written instrument signed by each party or an authorized representative of each party in such format that is subject to recording of Public Record. .►N 10. ENFORCEMENT OF AGREEMENT. In the event of any controversy, claim or dispute relating to this Easement or its breach, the prevailing party shall be entitled to recover reasonable expenses, attorney's fees, and costs. 11. . CONSTRUCTION. The parties acknowledge that each has shared equally in the drafting and construction of this Easement and, accordingly, no Court construing this Easement shall construe it more strictly against one party then the other and every covenant, term and provision of this Easement shall be construed simply according to its fair meaning. 12. GOVERNING LAW AND VENUE. The easements, warranties, covenants, authorizations and agreements contained herein shall be governed by the laws of the State of Florida as now and hereafter in force. Further, the venue of any litigation arising out of this Easement shall be exclusively in Palm Beach County, Florida. 13. NOTICES. Any notice provided for or concerning this Easement shall be in writing and shall be deemed sufficiently given when sent by prepaid certified or registered mail to the respective address of each party as set forth at the beginning of this Easement or at any subsequent address for either of the parties or their successors and assigns. 14. EFFECTIVE DATE, This Easement shall be effective as of the last date it is signed by all parties hereto. IN WITNESS WHEREOF, the undersigned have signed and sealed this document on the day and year hereinafter set forth. Executed by GRANTOR, this f tk day of #IV , 1997. JOHN D. and CATHERINE T. MacARTHUR 1CC�2PO ?.A'1','? SEAL) FOUNDATION w Witness as to L'L.0 -4-,I , v « F'o., V - L- be ;n ha:v Printed Name -A)Q„",._.4 _ ��_ _ ATTEST: Witness as to' r Ptr4N 75 IDGY By: Printed Name S ;-V N (Sc'kS, , Asst 5-1 K, The City of Palm Beach Gardens, Florida, by and through its undersigned authorized officer does hereby accept and consent to the terms and conditions of this Easement this day of , 199'8 (SEAL) Witness as to City Printed Name CITY OF PALM BEACH GARDENS ATTEST: Witness as to City By: Printed Name STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) (SEAL) Before me personally appeared ,C. /a4 drV , as 11;1-e �resid rr of the JOHN D. and CATHERINE T. MacARTHUR FOUNDATION. who is personally known to me or who has P17 " .mod (type -of identification) as identification -and who did (did not) take an oath. WITNESS my hand and official seal in the State and County aforesaid, this fj �24 day of Altai 1997. (NOTARY'S SEAL) ttttttttt« ttttttttttttc� ,ttttttttttttttttttttttttt Kaye Sauls Notary Public, State of Florida ; Commission No. CC 379601 < My Commission Expires 07/30/98 ; Zgeoe* 3•NOTi ee - Fta. Noury Service dt BoodiuQ Co. ' ' !!!K!e!'X !!!!! !K!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 4 zaw" Notary P V uba Commission Number: My Commission Expires: STATE OF ) )ss: COUNTY OF ) The foregoing instrument was executed before me this day of , 1997, by ' as of the CITY OF PALM BEACH GARDENS, FLORIDA, a municipal corporation of the State of Florida, who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. (NOTARY'S SEAL) U : \NORTHERN\ESMTS\ 19\DRAINAGE. W PD 5 Notary Public Commission Number: My Commission Expires: Thu Ju1 20 10: 54: 18 1997 NP8CSK24 NPBC1900 SURVEYOR'S NOTES BEARING BASIS: THE EAST LINE OF THE NORTHEAST QUARTER (NE1 /4)OF SECTION 6. TOWNSHIP 42 SOUTH. RANGE 43 EAST AND IS ASSUMED TO BEAR SOUTH Oi-25 -01 WEST AND ALL OTHER BEARINGS RECITED HEREON ARE RELATIVE THERETO. DESCRIPTION A parcel of land lying in Section 6, Township 42 South, Range 43 East, Palm Beach County, Florida, described as follows: Commencing at the Northeast corner of said Section 6, run thence South 01 -25 -Ot West along the East line of said Section 6, a distance of 1335.98 feet to a point on a curve concave northeasterly (a radial line passing through said paint bears South 32-42 -15 West) having a radius of 986.74 feet, said curve also being the southerly line of the Water Management Tract as same is described in Official Record Book 5072, Pages 354 through 384, Public Records of Palm Beach County, Florida; thence northwesterly along the arc of said curve and along the said southerly line of the Water Management Tract through a central angle of 01- 06-46, a distance of 19.16 feet to the Point of Beginning; thence South 69- 15-48 West (departing from said southerly line of the Water Management Tract), a distance of 24.43 feet to a point on a curve concave northeasterly (a radial line passing through said point bears South 34 -37 -23 West) having a radius of 1006.74 feet; thence northwesterly along the arc of said curve through a central angle of 01-52 -29, a distance of 32.94 feet to the Point of Tangency; thence North 53 -30 -08 West, a distance of 45.23 feet to a point an the southeasterly line of Kew Gardens Avenue, as same is described in Official Record Book 5072, Pages 354 through 384, Public Records of Palm Beach County, Florida; thence North 36-29 -52 East along said southeasterly line, a distance of 20.00 feet to a point on the northerly line of Gardens Boulevard, as sane is described In Official Record Book 5072, Pages 354 through 384, Public Records of Palm Beach County, Florida; thence South 53 -30 -08 East, a distance of 45.23 feet to the Point of Curvature of a curve concave northeasterly having a radius of 986.74 feet, said curve also being the northwesterly prolongation of the said southerly line of the Water Management Tract; thence southeasterly along the arc of said curve and along the said northwesterly prolongation and then along the said southerly line of the Water Management Tract through a central angle of 02- 40 -52, a distance of 46.17 feet to the Point of Beginning. CAD FILE: NPOCSK24 REV: MOCK, F I ELD: .. .... DRAWN: KMB )Eiz, d J APPROVED: TMS�4 A SURVEYOR'S CERTIFICATION 1 hereby certify that, to the best of my knowledge and belief, the Sketch and Description shown hereon complies with the Minimum Technical Standards, as set forth by the Florida Board of Surveyors and Mappers, in Chapter 61Gi7 -6 Florida Administrative Code, pursuant to Chapter 472.07, F!orlda Statutes. ROOS S ASSOCIATES, INC. i ENGINEERS a SURVEYORS 9 PLANNERS 5720 CORPORATE WAY NEST PALM BEACH, FLORIDA 33407 Phone: 407 683 -3113 Fax: 407 478 -7248 Timothy, M. Smith, P.S.M Florida Certificate No. 4676 NOT A SURVEY SHEET i OF 2 DESCRIPTION AND SKETCH OF SCALE: i' =50' A PARCEL OF LAND OATE:07/ 18/95 UNIT OF DEVELOPMENT 1.9 AS PREPARED FOR oo P. A. NO. Ni900. 50 ND IMP NOVENEN BEACH I CTUN� DR. NO-A— 3053 it Thu Ju 3 20 10: 93: 57 1995 NPBCSK2e BC1900 POINT OF COMMENCEMENT NORTHEAST CORNER OF SECTION 6 TOWNSHIP 42 SOUTH, RANGE 43 EAST >,q 410 9y G' BOG e/ lF`990 � A9cF9Fco �O � oTo, S O `9 � 90 O CAD FILE: NPBCSK24 ,ham s'- 4$' D =240752' A =46.17' NSA, 0 1 32 6 5 2 m O 1 Cn 1— L[1 en U7 cn Z J ( O r— 1 Ln cn N w 0 cn 2 4Nl R =1006. 74' S69' ll / A =1' 52' 29' /cam A =32.94' � o R =986. 74' A= i' 06' 46' A =19. 16' REV: MOCK, ROOS & ASSOCIATES, INC. FIELD: ENGINEERS o SURVEYORS 9 PLANNERS DRAWN: KMB A I 5720 CORPORATE NAY WEST PALM BEACH, FLORIDA 33407 APPROVED: TM5t/ rIAL Phone: 407 683 -3113 Fax: 407 478 -7248 /QQ I i 0 0 n Ju uJ Z w ul —� U V] U S CL C,j N Q U' O WATER MANAGEMENT TRACT OFFICIAL RECORD BOOK 5072 PAGES 354 -384 POINT OF BEGINNING O1j ql4 yF94 y y9iV. /,r, 19901 NOT A SURVEY SHEET 2 OF 2 DESCRIPTION AND SKETCH OF SCALE: 1' =50' A PARCEL OF LAND N OATE:07/ 18/95 UNIT OF DEVELOPMENT 19 NORTHERNPPAELPMRBEACHRCCOpUNTY P. A. NO. N1900.50 IMPROVENENT DISTRICT OR. NO.A — 3053 1ng 1 ■ 1�1■ 0022/1998 17:00 5616897476 KESHAVARZ PAGE 01 Ki KESHAVARZ ASSOCIATES, INC. . - CONSULTING ENGINEERS - SURVEYORS January 22, 1998 Project No. 96 -558 City of Palm Beach Gardens Planning and Zoning Department 10500 North Military Trail Palm Beach Gardens, FL 33410 Attention: Mr. Marty Minor Reference: Northcorp PCD Developer's Agreement - Drainage Deficit Solution Dear Mr. Minor: Please be advised that, based on the attached cost estimate for the referenced project, the applicable surety is 110% of the total cost of constructing the components of the Drainage Deficit Solution plan, or $129,852.80. As the components listed in Exhibit B of the Developer's Agreement are constructed, the surety will be reduced by the following amounts: Phase I - No amount of surety will be released with Phase I. Phase II - $67,001.00 will be released upon completion of Phase II. Phase III - $28,567.00 will be released upon completion of Phase III. Phase IV - $24,659.80 will be released upon completion of Phase IV. Phase V - $9,625.00 will be released upon completion of Phase V. Please forward this information to the City Engineer for review and approval. Thank you for your time and cooperation. Sincerely, KESHAVARZ & ASSOCIATES, INC. ,Sa,xxc./ J�zma-�- Staci L. Thomas, E.I. Project Engineer Enclosures CC: Ms. Tammy Jacobs Larry Smith, Esq. Mr. Jim Griffin ST /dlr 1280 N. CONGRESS AVE. SUITE 206 WEST PALM BEACH. FLORIDA 33409 E -MAIL kassoc®flinet.com 561- 689 -8600 FAX 561- 689 -7476 01/22/1998 17:00 kM- 5616897476 KESHAVARZ PAGE 02 KESHAVARZ & ASSOCIATES, INC. == CONSULTING ENGINEERS - SURVEYORS January 21, 1998 CONSTRUCTION COST ESTIMATE Phase II LOT 8 DRY DETENTION AREA NORTHCORP PCD Project No. 96 -558.d Description Quantity Unit Unit Price Cost Measure Detention Area Excavation 14,000 yd3 2.00 28,000.00 Infiltration Drain 300 If 20.00 6,000.00 Type C Inlet 1 ea 1000.00 1,000.00 Modified Type E Inlet - Control 1 ea 1500.00 1,500.00 Structure Splash Pad 1 ea 250.00 250.00 15" RCP w /Mitered End Section 1 ea 200.00 200.00 24" RCP 95 If 28.00 2,660.00 30" RCP w /Mitered End Section 1 ea 400.00 400.00 Core Drill Existing Manhole 1 ea 1000.00 1,000.00 Saw -Cut and Repair Pavement 500 sf 5.00 2,500.00 Sod Dry Detention Area 11,600 sy 1.50 17,400.00 TOTAL $ 80,910.00 1280 N. CONGRESS AVE. SUITE 206 WEST PALM BEACH, FLORIDA 33409 561 - 689 -8600 FAX 561 -689 -7476 E -MAIL kassocOflinet.com 02/22/1998 17:00 5616897476 KESHAVARZ PAGE 03 KESHAVARZ & ASSOCIATES, INC. CONSULTING ENGINEERS - SURVEYORS January 22, 1998 CONSTRUCTION COST ESTIMATE Phase III FX.C. Right -of -Way DRY DETENTION AREA I I NO. I ITEM I'l—Loetention Area Excavation 2 Sod Dry Detention Area and Peg Sod ITOTAL Project No. 96 -558 QUANTITY 1 UNIT I UNIT PRICE 1 COST 5735 yd3 2.00 11,470.00 7250 S.Y. 2.00 14,500.00 $ 25,970.00 1280 N. CONGRESS AVE. SUITE 206 WEST PALM BEACH, FLORIDA 33409 561- 689 -8600 FAX 561- 689 -7476 E -MAIL kassocCflinet.com 01/22/1998 17:00 5616897476 KESHAVARZ PAGE 04 KESHAVARZ & ASSOCIATES, INC. = CONSULTING ENGINEERS - SURVEYORS January 22, 1998 . Project No. 96 -558 CONSTRUCTION COST ESTIMATE Phase IV Dry Detention Area at Northwest Corner of Lot 1 NORTHCORP CENTER NO. ITEM QUANTITY UNIT UNIT PRICE COST 1 Detention Area Excavation 2060 yd 2.00 4,120.00 2 Storm Drainage Manhole 2 EA 1200.00 2,400.00 3 Core Drill Existing Structure 2 EA 800.00 1,600.00 4 Mitered End Section 1 EA 200.00 200.00 5 15" Diameter Corrugated Aluminum Pipe 25 EA 18.00 450.00 6 Exfiltration Trench including 24" Perforated C.A.P. 135 L.F. 60.00 8,100.00 7 24" C.A.P. (Non- Perforated) 20 L.F. 25.00 500.00 8 Sod 2032 S.Y. 1.50 3,048.00 9 Demolition /Removal /Relocation of Existing Facilities 1 L.S. 2000.00 2,000.00 TOTAL $ 22,418.00 1280 N. CONGRESS AVE. SUITE 206 WEST PALM BEACH, FLORIDA 33409 561- 689 -8600 FAX 561- 689 -7476 E -MAIL kassocOflinet.com " '0t/22/1998 17:00 5616897476 KESHAVARZ PAGE 05 r �� KESHAVARZ & ASSOCIATES, INC. k CONSULTING ENGINEERS - SURVEYORS January 22, 1998 Project No. 96 -558 1280 N. CONGRESS AVE. SUITE 206 WEST PALM BEACH, FLORIDA 33409 561 - 689 -8600 FAX 561 - 689 -7476 E -MAIL kassocOf inet.com CONSTRUCTION COST ESTIMATE Phase V LOT 12 NO. I ITEM I QUANTITY f UNIT I UNIT PRICE COST, 1 Remove Existing Pavement 1750 S.Y. 2.50 4,375.00 High Points (2o% of site) 2 Regrade site to the following 1750 S.Y. 1.00 1,750.00 criteria: Low Point 12.5 to High Point 14.5 (20% of Site) 3 Sod 1750 S.Y. 1.50 2,625.00 [ I TOTAL l $ 8,750.00 1280 N. CONGRESS AVE. SUITE 206 WEST PALM BEACH, FLORIDA 33409 561 - 689 -8600 FAX 561 - 689 -7476 E -MAIL kassocOf inet.com ■ 01722/1199 ^0 17:00 5616 8097476 KESHAVARZ PAGE 01 _ KESHAVARZ &- ASSOCIATES, INC. CONSULTING ENGINEERS - SURVEYORS January 22, 1998 Project No. 96 -558 City of Palm Beach Gardens Planning and Zoning Department 10500 North Military Trail Palm Beach Gardens, FL 33410 Attention: Mr. Marty Minor Reference: Northcorp PCD Developer's Agreement - Drainage Deficit Solution Dear Mr. Minor: Please be advised that, based on the attached cost estimate for the referenced project, the applicable surety is 110% of the total cost of constructing the components of the Drainage Deficit Solution plan, or $129,852.80. As the components listed in Exhibit B of the Developer's Agreement are constructed, the surety will be reduced by the following amounts: Phase I - No amount of surety will be released with Phase I. Phase 11 - $67,001.00 will be released upon completion of Phase II. Phase Ill - $28,567.00 will be released upon completion of Phase III. Phase IV - $24,659.80 will be released upon completion of Phase IV. Phase V - $9,625.00 will be released upon completion of Phase V. Please forward this information to the City Engineer for review and approval. Thank you for your time and cooperation. Sincerely, KESHAVARZ & ASSOCIATES, INC. Staci L. Thomas, E.I. Project Engineer Enclosures CC: Ms. Tammy Jacobs Lary Smith, Esq. Mr. Jim Griffin ST /dlr 1280 N. CONGRESS AVE. SUITE 206 WEST PALM BEACH. FLORIDA 33409 561 -689 -8600 FAX 561- 689 -7476 E -MAIL kassoc ®flinet.com ` 01'/22/1998 17:00 5616897476 KESHAIIARZ PAGE 02 i w_ KESHAVARZ & ASSOCIATES, INC. CONSULTING ENGINEERS - SURVEYORS January 21, 1998 CONSTRUCTION COST ESTIMATE Phase II LOT 8 DRY DETENTION AREA NORTHCORP PCD Project No. 96 -558.d Description Quantity Unit Measure Unit Price Cost Detention Area Excavation 14,000 yd 2.00 28,000.00 Infiltration Drain 300 If 20.00 6,000.00 Type C Inlet 1 ea 1000.00 1,000.00 -Modified Type E Inlet - Control Structure 1 ea 1500.00 1,500.00 Splash Pad 1 ea 250.00 250.00 15" RCP w /Mitered End Section 1 ea 200.00 200.00 24" RCP 95 if 28.00 2,660.00 30" RCP w /Mitered End Section 1 ea 400.00 400.00 Core Drill Existing Manhole 1 ea 1000.00 1,000.00 Saw -Cut and Repair Pavement 500 sf 5.00 2,500.00 Sod Dry Detention Area 11,600 1 Sy 1.50 17,400.00 TOTAL $ 60,910.00 1280 N. CONGRESS AVE. SUITE 206 WEST PALM BEACH, FLORIDA 33409 561- 689 -8600 FAX 561 -689 -7476 E -MAIL kassocOfiinet.com 01-/22/1998 17:00 5616897476 KESHAVARZ PAGE 03 KESHAVARZ & ASSOCIATES, INC. CONSULTING ENGINEERS - SURVEYORS January 22, 1998 CONSTRUCTION COST ESTIMATE Phase III F.E.C. Right -of -Way DRY DETENTION AREA NO. ITEM 1 Detention Area Excavation 2 Sod Dry Detention Area and Peg Sod TOTAL I Project No. 96 -558 QUANTITY UNIT I UNIT PRICE 1 COST 5735 yd 2.00 11,470.00 7250 S.Y. 2.00 1 14,500.00 $ 25,970.00 1280 N. CONGRESS AVE. SUITE 206 WEST PALM BEACH, FLORIDA 33409 561- 689 -8600 FAX 561- 689 -7476 E -MAIL kassoc®flinet.com 01/22/1998 17:00 5616897476 KESHAVARZ PAGE 04 KESHAVARZ & ASSOCIATES, INC. = CONSULTING ENGINEERS - SURVEYORS January 22, 1998 Project No. 96 -558 CONSTRUCTION COST ESTIMATE Phase IV Dry Detention Area at Northwest Corner of Lot 1 NORTHCORP CENTER lNO. 1 ITEM .r I Detention Area Excavation QUANTITY I 2060 UNIT I yd3 UNIT PRICE 2.00 COST 4,120.00 2 Storm Drainage Manhole 2 EA 1200.00 2,400.00 3 Core Drill Existing Structure 2 EA 800.00 1,600.00 4 Mitered End Section 1 EA 200.00 200.00 5 15" Diameter Corrugated Aluminum Pipe 25 EA 18.00 450.00 6 Exfiltration Trench including 24" Perforated C.A.P. 135 L.F. 60.00 8,100.00 7 24" C.A.P. (Non- Perforated) 20 L.F. 25.00 500.00 8 Sod 2032 S.Y. 1.50 3,048.00 9 [ Demolition /Removal /Relocation of Existing Facilities I TOTAL 1 L.S. 2000.00 2,000.00 1. $ 22,418.00 1280 N. CONGRESS AVE. SUITE 206 WEST PALM BEACH, FLORIDA 33409 561- 689 -8600 FAX 561 -689 -7476 E -MAIL kassocOfllnet.com '01/22/1998 17:00 5616897476 KESHAVARZ PAGE 05 KESHAVARZ & ASSOCIATES, INC. CONSULTING ENGINEERS - SURVEYORS January 22, 1998 NO. I 11 2 Project No. 96 -558 CONSTRUCTION COST ESTIMATE Phase V LOT 12 ITEM I QUANTITY UNIT I UNIT PRICE Remove Existing Pavement 1750 f S.Y. 2.50 High Points (20% of site) Regrade site to the following criteria: Low Point 12.5 to High Point 14.5 (20% of Site) 1750 S.Y. 1.00 COST 4,375.00 1,750.00 3 [Sod 1750 S.Y. 1 1.50 t 2,625.00 I TOTAL .'n $ 8,750.00 1280 N. CONGRESS AVE. SUITE 206 WEST PALM BEACH, FLORIDA 33409 ' 561- 689 -8600 FAX 561- 689 -7476 E -MAIL kassoc @flinet.com rl O O N O arj "4 au Ea � N O® N b 00 O 0 43 ON vm a V q .r4 a O) N ro O a l N N ro � b ro � z 4 w W CL u C, U n v q 5 U a A O cn tT O .,4 b .,4 U O O O U 41 •rl u a� x N N O) M 4 v+s w .0 NH bQ� COI '44 O! � 4 aam0 O) KI A -A VEi,4A 44 O N: b r.b+1O N 4tTW $44)Z•ga1 A $4 -A 41 a �U Oro! O m63 z= xv 00 N U a 0 41 � p V M .. A4 o 0 to b•�rlm0 p0941 0 13 u 0030 bu o++ u0 c .� b , 41 o r4 ar ty, o�� bA� N 4J o 04 45 HN r N A tON00 b •rl 12's b •r4 o to +► o x 0 0 0 4+ O= m U++ rq PC 0 4) 00 A 41 E W O N: b L4 r. ON H tr FA IV Gl $4 � •n ,Nq IS $4 "4 0 � g00r1oq , al b b •A 4lUGloo -A P4 z 4 u Z= xogq G! U 41 dl �► V 4� A4 m H 0O�7 tP 04J r. b• Aso � 0 43 U�OAO V a O id .� b V r- ap 0 a 4 4) 0 ow 4J V E+ d O4«o•IA b � b o� as a (a 41 0 0 N w f a 4) as a �q • V H m J ti V A 4 E •,� n w • to yC � U rls N N p0)0a d b A � •ri S -A 4J rom4) 4J o�q r 4 b b •-1 ^� 4) U a! 6 0 •rl N z a U U) z= x00 00 u u �u a� oa �u m M goo b to O 5141 O(A V m a N U m m A -�AAc� 41 r-I 41 A0 m 0� U) 41 4) b-�rom0 kA �p0�A -UroOgm �u1 ro ,A �b u u to 00V o A 004 m0 Vm m 1 N4W 14 14 � Ul O 'd r4 b 00.ao ro��AN m a� Fix 60.0 C m a+ AAau�' m g �4 � w �0E 0 a� ..\ .. 4j N0 . N C! G) O d1 -P4 � 44 43 r-I-I b V v 41 - V Gl u C) m m a Z.4 u w Z--=,000 H u� H ° au va A xm Om b �o o 06 a 4)Umm.. 4 •,f A Af cn 4J r-I 0� om 0 b •r ..q m O 41 b 0 m41 0 u H >,b u 41 rl 43 •� u (04 43 m 4 °a 41 q m tO 44 41 14 w °b "q .� 'a 0 j, 10V 0A -0 0 14 14 0 0 b a,0rw R mV43 .rq m w •$4 .� ° to C b a umi 0 N N 0) go b•g41 N z u fn Z= w 00 H e� M O ari �u O m 0 b la t0 41 V m a Gl06GO. A•HA43m 4 A� A ,N 41 .�= :3 O� tYi 4J 0 b•rq•q 0 O � $4 10 0 qq ''ib a Vb um� qq d u IVA4J N Jv 4) 0+ b Cam'` tO 44 to a- N Ob 14 0 HA b 0 as b .,4 • Q b41 Off! N43 HN r-f 144 Q .� r 4A r-I q ,r'Q�V� J PC 004 ,off �C c A 0 ,J �4EyA3 .� v 4W A E4 m d 0m:b N 0 b 0 V A ObHA .-1 IV b •� 0 Ru4) mm-H a z oc u En Z= xb00 rF V e� M aO 0 00 E+ ° 61 lilv� Q O a v a! N U m tv a z a u rn al U al al �. tPP o ° b�•�0O •r+ zs u b 9 1-AA U 040 •i�i Rf � 0 rl V0 on .,.{ a1 •A U to ty, 14 4 .m A r. 41 a V 41 m ° tQ 44 41 14 rA O b 0 A 004 now WVO.k° k +I " " Al a o r°IW 0- m V r +I U �04 �A �-r44 a VET wA -0 H O to p 00 V b + H M t7T m faar. maa► tD F, •rt D "4 0 A I $4 -A A vu °atoimm� Z = xq3 lit L.A, �. .� a 4) Is mu � 41 14 N 4J 4l N U .. � b ro - V a z 4 u cn ruUmm.. 4j raaom b. 09° umo >Ira u - � "ONA43 m 14 4J 41 • atO 44 14 04 0)i ° b "°+ ,a bo�aa IVV0A° !4014 14 ro 04.p � w mV0 U•r4 � Am� 43 H� 44 •�E�+ ° N: b V N dl • N9: tr 14tTN 4! -H S "4 A A $4 -A 0 U dl a -p Z= x4300 Gl000•• �+ m om b •� •rl m O UVOgm I .� �p U b O• a ao H '0 H4) u 10.0 14 Os lnw0o� W O oN aa �b ° bo ar b+ 004 0 A N N O >4 O m O r•l w —�— V • •,'I,� 0 .V , PC 0 As 0 A4 } O q) S b 04 V In m • r. m m N 0) A O N .. .. U r♦ b b •rl N z 4 U '� In G! U G! 0 0 •rl z= Moo 0 0 rq v aNO 0 0404 ° 4 00 o 5� ON V ° 1 P4 i n G! N U b -e a z 4 u (n Al s ,q•�AAM 4J r 4 ° m o 3�0�0 U�OQO Ob 44 ro 44 °n r-4 �b v u °+x+43 m 44 41 4J *)� to 0 14 0 b o a 1 4 0 (VV 0A >10 0 P4 14 0 0 w.,r-4w �V41 U •u � A.1 • 4A 4 O to b 4j N ° • go as P -A 41 a Ord. -�mq N U Gl ° ° •rl ■ y a� �i .I �I It r/ C r% PL 1 � 4 , Or 4t �o V / M r-v A, 41 (A 42, � p P 7 Sj 4e � r � d� �- ►� C. 7- Kok ,; i y , '00, (�/ f :� � e •� p t h �• Q �. �� 6K t xL t S s j e s P y -