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HomeMy WebLinkAboutAgenda Council Agenda 050108 City of Palm Beach Gardens Council Agenda May 1, 2008 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Council Member Russo Vice Mayor Levy Council Member Barnett Council Member Premuroso CITY OF PALM BEACH GARDENS COUNCIL AGENDA May 1, 2008 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 5) Approve Minutes from March 6, 2008 regular City Council meeting. b. (Page 9) Approve Minutes from March 20, 2008 regular City Council meeting. c. (Page 18) Proclamation -- Building Safety Week. d. (Page 19) Proclamation – National Public Works Week. e. (Page 20) Proclamation – World AIDS Orphans Day. f. (Page 21) Proclamation – Municipal Clerks Week. IX. PUBLIC HEARINGS: Part I – Quasi-judicial a. (Staff Report on Page 22, Ordinance on Page 108, Resolution on Page 113, Resolution on Page 122) Ordinance 5, 2008 – (2nd reading and adoption) North County Government Center Planned Community Development Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the rezoning of the North County Government Center Planned Community Development (PCD) located at the Southwest corner of PGA Boulevard and Campus Drive; amending Ordinance 18, 1995 and Ordinance 54, 1997 to transfer and amend the master site plan approval and related conditions to a separate Resolution; rezoning the 6.99-acre Department of Motor Vehicles parcel from (PCD) to Planned Development Area (PDA) with an underlying zoning designation of public or institutional (P/I); and providing an effective date. Resolution 26, 2008 is a companion item to Ordinance 5, 2008 and will require council action. Resolution 26, 2008 – Adoption of the North County Government master site plan and conditions of approval. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the North County Government Center Planned Community Development (PCD), located at the Southwest corner of PGA Boulevard and Campus Drive, to reconfigure certain parcels, provide the required linkage roads throughout the parcels, relocate the environmental preserve to the West side of the North-South linkage road, eliminate the 6.99-acre Department of Motor Vehicles parcel from the limits of the PCD, as more particularly described herein; providing waivers; providing conditions of approval; and providing an effective date. Resolution 27, 2008 is a companion item to Ordinance 5, 2008 and will require council action. Resolution 27, 2008 – North County Regional Library Site Plan Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the site plan for the North County Regional Library, located on the Northwest corner of Campus Drive and Fairchild Avenue, to allow a 14,612- square-foot addition to the existing 24,920-square-foot facility; providing waivers; providing conditions of approval; and providing an effective date. Part II – Non-Quasi-judicial X. RESOLUTIONS: a. (Staff Report on Page 130, Resolution on Page 132) Resolution 34, 2008 – Communications site lease Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Communications Site Lease Agreement with American Towers Asset Sub, LLC; authorizing the Mayor and City Clerk to execute the Agreement; and providing an effective date. b. (Staff Report on Page 155, Resolution on Page 158) Resolution 35, 2008 - Procurement of radio subscriber units. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the purchase of radio subscriber units (mobile and portable) from M/A-COM for use on the new radio system; and providing an effective date. XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. (Page 160) Select dates for the July and August Council meetings. XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 03•06•08 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 March 6, 2008 4 5 The March 6, 2008 Regular Meeting of the City Council of the City of Palm Beach 6 Gardens, Florida, was called to order at 7:00 p.m. in the Council Chambers of the 7 Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, 8 by Mayor Joseph Russo. 9 I. PLEDGE OF ALLEGIANCE 10 II. ROLL CALL 11 The City Clerk called the roll and the following elected officials were found to be in 12 attendance: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Hal Valeche, 13 Councilmember Jody Barnett and Councilmember Eric Jablin (arrived at 7:06 p.m.). 14 III. ADDITIONS, DELETIONS, MODIFICATIONS 15 None. 16 VI. ANNOUNCEMENTS AND PRESENTATIONS 17 None. 18 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE 19 REPORTS 20 Councilmember Jody Barnett reported the Community Aesthetics Board is gathering 21 educational information on preservation and conservation. 22 Vice Mayor David Levy reported on his attendance at the March 6, 2008 Palm Beach 23 County Planning and Zoning Meeting where three issues regarding the Roan Avenue 24 hotel were covered. 25 Councilmember Hal Valeche extended his thanks to Councilmembers, staff and residents 26 for their support during the past four years. 27 Mayor Joseph Russo thanked staff for their work on The Honda Classic, which was a 28 great success. An agreement has been reached on the height Ordinance, which will be 29 presented at the next City Council meeting (March 20, 2008). Scripps is moving along. 30 Mayor Russo and each Councilmember extended their thanks and respect to 31 Councilmember Valeche for his work during the past four years. 32 VI. CITY MANAGER REPORT 33 None. 34 VII. COMMENTS FROM THE PUBLIC 35 Paul Guay, 4345 Daffodil Circle, Palm Beach Gardens, explained he is a 38-year resident 36 of the City of Palm Beach Gardens and described the problems involved in owning and 37 maintaining small pieces of rental property that accommodate moderate income people. 38 Councilmember Barnett suggested a town hall meeting. Mayor Russo requested a report 39 from David Reyes, Operations Director, detailing the issues mentioned. 40 John Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, thanked the candidates who 41 spoke at The Isles candidate forum March 5, 2008 and extended his thanks to 42 Councilmember Valeche for his service as Council Liaison to the Budget Oversight 43 Committee. 44 Ed Chase, 3402 Gardens East Drive, Palm Beach Gardens, stated he is a candidate for 45 City Council. He extended his thanks to the City Clerk and Deputy City Clerk for their 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 03•06•08 assistance to all candidates in meeting the requirements of running for City Council. Mr. 1 Chase also extended his thanks to Councilmember Valeche for his friendship and support 2 in the past 15 years. 3 Suzanne Archer, 3187 Gardens East Drive, Palm Beach Gardens, stated her problems 4 with Code Enforcement and getting a public information request filled. Ms. Archer 5 requested the letter promised her at an earlier meeting stating all work was done to Code 6 Enforcement standards, which would allow her to get insurance. Councilmember Barnett 7 asked for the progress of the letter. Doug Wise, Building Official, stated he can prepare 8 the letter. 9 Joel Channing, 59 St George Place, Palm Beach Gardens, stated his happiness in being a 10 Palm Beach Gardens resident and extended his thanks to Councilmember Valeche for his 11 work. On behalf of the PGA Corridor Association he stated the interest of its membership 12 in continuing to improve the City. 13 VIII. CONSENT AGENDA 14 Motion 15 Councilmember Jablin made a motion to approve the Consent Agenda; Vice Mayor Levy 16 seconded; motion carried, 4–0. Therefore, the following items were approved on the 17 Consent Agenda: 18 a. Resolution 15, 2008 – Local Agency Certification Qualification Agreement. A 19 Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a 20 Local Agency Certification Qualification Agreement with the State of Florida 21 Department of Transportation; and providing an effective date. 22 b. Resolution 16, 2008 – Traffic Control Jurisdiction Agreement. A Resolution of the 23 City of Palm Beach Gardens, Florida approving an Agreement for Traffic Control 24 Jurisdiction between the City of Palm Beach Gardens and the Evergrene Master 25 Association, Inc.; and providing an effective date. 26 c. Proclamation – Water for Our Children Day 27 d. Proclamation – Red Cross Month 28 e. Proclamation – Women’s History Month. 29 IX. PUBLIC HEARINGS 30 Part I – Quasi-judicial 31 Mayor Russo announced the procedures that would be followed in tonight’s quasi-32 judicial proceedings. The City Clerk swore in all those intending to offer testimony in 33 any of tonight’s public hearings. Mayor Russo declared the public hearing open and 34 requested ex parte communications, to which none was declared. 35 a. Ordinance 3, 2008 – (2nd reading and adoption) Benjamin Private High School 36 Planned Unit Development. An Ordinance of the city Council of the City of Palm Beach 37 Gardens, Florida amending Ordinance 30, 2000 and Ordinance 4, 2003 relating to the 38 Benjamin Private High School Planned Unit Development located at the Northwest 39 corner of Central Boulevard and Grandiflora Road to transfer the site plan approval and 40 related waivers and conditions to a separate Resolution; and providing an effective date. 41 42 Resolution 11, 2008 is a companion item to Ordinance 3, 2008 43 and will require Council action. 44 45 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 03•06•08 Resolution 11, 2008 – Benjamin Private High School Planned Unit Development. A 1 Resolution of the City Council of the City of Palm Beach Gardens, Florida, amending the 2 Benjamin Private High School Planned Unit Development (PUD) to allow a monument 3 sign to be located at the Northwest corner of Central Boulevard and Grandiflora Road, as 4 more particularly described herein; providing waivers; providing conditions of approval; 5 and providing an effective date. 6 Anne Booth, Urban Design Studio, representing Benjamin Private High School for 7 second reading, stated there have been no changes or modifications since first reading. 8 Mayor Russo declared the public hearing open. With no speakers, the public hearing was 9 declared closed and brought back up to Council. 10 Motion 11 Councilmember Jablin made a motion for Ordinance 3, 2008 to be placed on second 12 reading and adopted; Vice Mayor Levy seconded; motion carried unanimously, 5-0. 13 Councilmember Jablin made a motion to move Resolution 11, 2008; Vice Mayor Levy 14 seconded; motion carried unanimously, 5-0. 15 XI. ORDINANCES (For Consideration on First Reading) 16 None. 17 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 18 None. 19 XIII. CITY ATTORNEY REPORT 20 None. 21 22 (The remainder of this page intentionally left blank.) 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 03•06•08 XIV. ADJOURNAMENT 1 There being no further business to come before the Council, Councilmember Jablin made 2 a motion to adjourn; Vice Mayor Levy seconded; motion carried unanimously, 5-0. The 3 meeting was adjourned at 7:42 p.m. The next regularly scheduled City Council meeting 4 will be held March 20, 2008 5 6 APPROVED: 7 8 9 Joseph R. Russo, Mayor 10 11 12 13 David Levy, Vice Chair 14 15 16 17 Eric Jablin, Councilmember 18 19 20 21 Hal R. Valeche, Councilmember 22 23 24 25 Jody Barnett, Councilmember 26 27 28 29 30 ATTEST: 31 32 33 34 Patricia Snider, CMC 35 City Clerk 36 37 38 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 39 transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 40 All referenced attachments are on file in the Office of the City Clerk. 41 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 03•20•08 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 MARCH 20, 2008 4 5 The March 20, 2008 Regular Meeting of the City Council of the City of Palm Beach 6 Gardens, Florida, was called to order at 7:04 p.m. in the Council Chambers of the 7 Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, 8 by Mayor Joseph Russo. 9 I. PLEDGE OF ALLEGIANCE 10 II. ROLL CALL 11 The City Clerk called the roll and the following elected officials were found to be in 12 attendance: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin, 13 Councilmember Hal Valeche and Councilmember Jody Barnett. 14 Mayor Russo introduced Colleen Smith, Artistic Director, Florida Classical Ballet. She 15 introduced dance students costumed for their upcoming Don Quixote production, 16 April 4–5, 2008 at the Eissey Theater. 17 III. ELECTION 18 a. Resolution 24, 2008 – Declaring results of the Municipal Election. A Resolution of 19 the City Council of the City of Palm Beach Gardens, Florida, declaring the results of the 20 General Election held on March 11, 2008; and providing an effective date. 21 Motion 22 Councilmember Jablin made a motion to accept Resolution 24, 2008. Vice Mayor Levy 23 seconded. Motion carried unanimously, 5–0. 24 b. Administer Oath of Office – The City Clerk administered the Oath of Office to 25 Councilmember Elect Robert Premuroso, Councilmember Eric Jablin and 26 Councilmember Jody Barnett. 27 Hal Valeche stepped down and Councilmember Premuroso was seated on the dais. 28 Mayor Joseph Russo reviewed highlights from the past three years and expressed his 29 thanks for the privilege of serving as Mayor. 30 IV. REORGANIZATION 31 Discussion ensued among Councilmembers whether to have public comments before the 32 reorganization. It was decided to wait for the Public Comments agenda item. 33 1. Appointment of a Temporary Chairman To Appoint Mayor. 34 Motion 35 Councilmember Jablin made a motion to appoint Mayor Joseph Russo as Temporary 36 Chair. Vice Mayor Levy seconded. Motion carried unanimously, 5-0. 37 2. Appointment of Mayor. 38 Motion 39 Vice Mayor Levy made a motion nominating Councilmember Eric Jablin as Mayor. 40 Councilmember Robert Premuroso seconded. 41 Discussion ensued with Mayor Joseph Russo’s support of Councilmember Eric Jablin for 42 Mayor. Councilmember Jody Barnett expressed her opposition. 43 Motion carried by a vote of 4-1, with Councilmember Jody Barnett dissenting. 44 45 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 03•20•08 3. Appointment of Vice Mayor. 1 Motion 2 Councilmember Joseph Russo made a motion to reappoint David Levy for another term 3 as Vice Mayor. Councilmember Robert Premuroso seconded. Motion carried by a vote of 4 4-1, with Councilmember Jody Barnett dissenting. 5 4. Resolution 25, 2008 – Appointment of Mayor and Vice Mayor. A Resolution of the 6 City Council of the City of Palm Beach Gardens, Florida appointing the Mayor and 7 Vice Mayor for the City; and providing an effective date. 8 Motion 9 Councilmember Joseph Russo made a motion for Resolution 25, 2008 to reflect the 10 names of Mayor Eric Jablin and Vice Mayor David Levy. Vice Mayor David Levy 11 seconded. Motion carried unanimously, 5-0. 12 Councilmember Russo announced receipt of a letter from the State of Florida stating its 13 review of State boards and committees to determine cost and possible ways to save 14 money. Discussion ensued to postpone the appointment of Councilmembers to City 15 external and internal boards for a similar review to that of the State. City Manager Ron 16 Ferris was asked to compile a report on the boards and committees and present it at the 17 next City Council meeting. 18 Discussion ensued regarding Councilmember Russo’s suggestion that Mayor Eric Jablin 19 and Vice Mayor Levy should be appointed to the Scientific Overlay Board. 20 Motion 21 Councilmember Joseph Russo made a motion for Mayor Eric Jablin to be appointed as 22 the City Representative to the Scientific Overlay Board with Vice Mayor David Levy as 23 the Alternate. Vice Mayor David Levy seconded. Motion carried unanimously, 5-0. 24 Councilmember Jody Barnett requested appointment as the City representative to the 25 League of Cities. Vice Mayor David Levy acknowledged his nomination as a Large City 26 Board Member to the League of Cities Board. Councilmember Barnett inquired how this 27 happened. City Manager Ron Ferris explained there are two ways to be appointed to the 28 League of Cities: 1) Nomination by the Nominating Committee as an At Large Board 29 Member and 2) City-appointed representative. 30 Motion 31 Councilmember Joseph Russo made a motion to appoint Councilmember Jody Barnett as 32 the City of Palm Beach Gardens City Representative to the League of Cities. Motion 33 failed because Councilmember Barnett declined the nomination. 34 Discussion ensued on the League of Cities City Representative position. It was decided to 35 review the appointment responsibilities and discuss the issue at the next City Council 36 meeting. 37 5. Appointment of Council to External Boards. 38 Postponed to April 3, 2008 City Council meeting. 39 6. Appointment of Council to Internal Boards. 40 Postponed to April 3, 2008 City Council meeting. 41 V. ADDITIONS, DELETIONS, MODIFICATIONS 42 a. Additions – None. 43 b. Deletions 44 Resolution 22, 2008 – Development Order Amendment. A Resolution of the City Council 45 of the City of Palm Beach Gardens, Florida amending the development order for Donald 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 03•20•08 Ross Village Planned Unit Development (PUD), bounded by Donald Ross Road to the 1 North, Central Boulevard to the West, and Military Trail to the East, as more particularly 2 described herein, to eliminate certain conditions of approval related to the provision of 3 shared parking; providing conditions of approval; providing waivers; and providing an 4 effective date. 5 Senior Project Manager Marty R.A. Minor, AICP, agent for Donald Ross Village, 6 requested postponement of Resolution 22, 2008 in a letter dated March 18, 2008 to date 7 certain of April 17, 2008. 8 c. Modifications 9 Ordinance 6, 2008 – General Employees’ Pension Plan. Page 1 of the staff report should 10 read: recommendation to approve. The agenda has been updated on the laptop and a 11 corrected copy of the staff report provided to each Councilmember. 12 Motion 13 Councilmember Russo made a motion to accept the Additions, Deletions and 14 Modifications. Vice Mayor Levy seconded. Motion carried unanimously, 5-0. 15 VI. ANNOUNCEMENTS AND PRESENTATIONS 16 None. 17 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE 18 REPORTS 19 Councilmember Jody Barnett reported the Annual Easter Egg Hunt will be held Saturday, 20 March 22, 2008, suggested the 2009 City Budget discussions be held in May in an 21 informal open forum and then reflected on the election. 22 Vice Mayor David Levy reported on his attendance at the Biotech Overlay Board 23 meeting. Judges for Senior Projects by students at Palm Beach Gardens High School and 24 Dwyer High School are needed. 25 Councilmember Joseph Russo reported on fund raising efforts on behalf of Fire Rescue 26 Lieutenant Rafael Vazquez. Councilmember Russo reported on his meeting with County 27 Commissioner Karen Marcus regarding traffic and arterial analysis. City Engineer Dan 28 Clark and staff are preparing a presentation on traffic and de minimis. Councilmember 29 Russo cited Dan Catalfumo’s approval for a hotel, a commercial project, in Parcel 5B. 30 Commissioner Marcus wants to develop an Interlocal Agreement that all traffic approvals 31 should go through the City Council and then coordinate with the County. At the next City 32 Council meeting Councilmember Russo would like to discuss the new building height 33 Ordinance. Councilmember Russo suggested consideration of a designated area for 34 election signs. Councilmembers Russo and Premuroso attended the grand re-opening of 35 the Comcast building. 36 Councilmember Robert Premuroso thanked his family and supporters for their work 37 during his campaign and promised the Council his dedication. 38 Mayor Eric Jablin welcomed Councilmember Premuroso to the City Council and 39 extended his thanks and respect to Councilmember Valeche for his work during the past 3 40 years. Mayor Jablin expressed his thanks to his wife and supporters during the election. 41 Mayor Jablin noted the Amanda Buckley Memorial in the hallway outside of Council 42 Chambers. Mayor Russo reported his attendance at the Metropolitan Planning 43 Organization (MPO) meeting. The Biotech Land Advisory Board (BLAB) presented their 44 study, Toolbox, for municipalities and jurisdictions to help prepare for the economic 45 development generated by Scripps and the Max Planck Society. 46 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 03•20•08 VI. CITY MANAGER REPORT 1 City Manager Ron Ferris asked Finance Administrator Allan Owens to present his report 2 on the Florida Department of Emergency Services notification of reimbursement for 3 $1,121,639.83 on the claim for hurricane cleanup. It should be available within the next 7 4 to 10 days. Councilmember Russo thanked Allan Owens for his vigilance. 5 VII. COMMENTS FROM THE PUBLIC 6 Mayor Jablin declared the Public Comment segment open. 7 Hal Valeche, 128 Viera Drive, Palm Beach Gardens, noted the Councilmembers sit too 8 low on the dais making it difficult for them to be seen by the audience. Mr. Valeche 9 suggested raising the dais or getting new chairs that sit higher. He was in favor of the 10 lowest cost solution. 11 Pat Hughey, at the request of Lauren Furtado, read Ms. Furtado’s objections to Mayor 12 Jablin’s stated accomplishments. 13 Richard Jacob, 16 Bermuda Lake Drive, Palm Beach Gardens, requested 14 Councilmembers work together. 15 Joan Altwater, President, Northlake Neighborhood Coalition, 9180 Cypress Hollow 16 Drive, Palm Beach Gardens, congratulated Councilmember Robert Premuroso on his 17 election to the City Council and congratulated Mayor Eric Jablin on his re-election to the 18 City Council and his election as Mayor. Ms. Altwater also congratulated Councilmember 19 Barnett on her re-election. Ms. Altwater cited issues facing the City and requested 20 Councilmembers work together 21 Pat Hughey, Reed Drive, Palm Beach Gardens, congratulated Councilmember Barnett on 22 her re-election and Councilmember Premuroso on his election. Ms. Hughey thanked Hal 23 Valeche for his service and wished him good luck in his future endeavors in State 24 government. Ms. Hughey suggested term limits for elected officials, requested job 25 descriptions for Councilmembers and attendance standards at regularly scheduled 26 meetings similar to those of City employees. Ms. Hughey referred to her request last fall 27 for a written evaluation form for the City Manager position. She asked if it has been done 28 yet. Ms. Hughey requested a status of the PGA Boulevard flyover art work. 29 Anthony Tricarico, 11720 Ficus Street, Garden Woods, Palm Beach Gardens, 30 congratulated Councilmembers on their election. He stated his issues with a Code 31 Enforcement officer and with Code Compliance Supervisor Mohammed Jamal. Vice 32 Mayor Levy suggested Mr. Tricarico meet with Code Enforcement Operations Director 33 David Reyes who was in the audience. 34 Thomas DeRita, 5770 Whirlaway Road, Palm Beach Gardens, lobbyist for the City, 35 serving on the Gang Task Force, discussed funding for the upcoming fiscal year. Due to 36 State funding cuts, of the $10,000,000.00 requested $3,000,000.00 was approved and 37 Palm Beach Gardens will receive a fair share. Mr. DeRita noted that Sheriff Rick 38 Bradshaw and Chief Stephen Stepp serve on the Gang Task Force. He also thanked City 39 Manager Ferris for his support of the City of Palm Beach Gardens participation in the 40 Gang Task Force. 41 John Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, congratulated the winning 42 candidates and requested everyone work together and when there is dissent that it be 43 civil, not personal. 44 Marilyn Lou Jacobs, 16 Bermuda Lake Drive, Palm Beach Gardens, congratulated the 45 winning candidates and thanked City Manager Ron Ferris for his oversight and removal 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 03•20•08 of approximately $2,100,000.00 in City funds from the State Board of Administration 1 (SBA), thereby preventing a loss. 2 Roger Blangy, 11658 Hemlock Street, Palm Beach Gardens, requested a new Resolution 3 on the Florida East Coast Railroad crossing at Kyoto Gardens Drive. Mayor Jablin 4 acknowledged receipt of Mr. Blangy’s letter, which will become part of the record. 5 Richard Musolino, 10901 N Military Trail, Palm Beach Gardens, owner of Below Zero 6 ice cream store, discussed restrictions of neon window signs in the sign code. Mr. 7 Musolino cited receiving a letter in January stating the color neon window signs must be 8 turned off because they are colored and present a safety hazard. Changing to white signs 9 would cost between $500.00 and $1,000.00, an unfair cost to small business merchants. 10 John B. Cleary, 4167 Lakespur Circle N, Palm Beach Gardens, discussed the restrictions 11 of neon signs in the sign code stating it is overly broad and vague. Mr. Cleary suggested 12 the merchants be able to place a neon sign on the back wall of their businesses so people 13 would know they are open. He also requested a meeting with the City Attorney and other 14 commissioners to see if an exception can be made for the back wall. Mayor Jablin 15 suggested the issue be looked at. He also stated the recommendations were made by a 16 citizen’s task force years ago. Councilmember Russo stated the sign code was originally 17 developed in the 1980’s, reviewed in the 1990’s and reviewed again in 2000. 18 Councilmember Barnett requested a workshop on the sign code because of ongoing 19 issues. 20 Mayor Jablin asked for further comments. With no further Comments from the Public he 21 moved on to the Consent Agenda. 22 VIII. CONSENT AGENDA 23 Mayor Jablin moved the Consent Agenda. 24 a. Approve January 17, 2008 City Council minutes. 25 b. Approve February 7, 2008 City Council minutes. 26 c. Approve February 21, 2008 City Council minutes. 27 d. Accept Quarterly Financial Report. 28 Motion 29 Vice Mayor Levy made a motion to approve the Consent Agenda. Councilmember Russo 30 seconded. Motion was carried unanimously, 5–0. 31 IX. PUBLIC HEARINGS 32 Part I – Quasi-judicial 33 Mayor Jablin announced the procedures that would be followed in tonight’s quasi-34 judicial proceedings. The City Clerk swore in all those intending to offer testimony in 35 tonight’s public hearings. The City Clerk read the title for Resolution 21, 2008. 36 a. Resolution 21, 2008 – Mirasol Walk PUD Drugstore. A Resolution of the City 37 Council of the City of Palm Beach Gardens, Florida amending the Mirasol Walk Planned 38 Unit Development (PUD), located at the Northwest corner of the Ronald Reagan 39 Turnpike and PGA Boulevard, to allow the development of a 14,820-square-foot 40 drugstore with two drive-thru lanes on two outparcels comprising 2.76 acres, as described 41 more particularly herein; providing waivers; providing conditions of approval; and 42 providing an effective date. 43 Mayor Jablin opened the public hearing on Resolution 21, 2008 and requested ex parte 44 communication, with none declared. 45 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 03•20•08 The petitioner’s presentation was made by Anne Booth, Urban Design Studio, 1 representing North American Properties, Mirasol Walk. Ms. Booth described the 2 location, building, parking, architecture, landscaping and signage. No waivers were 3 requested. The Planning, Zoning and Appeals Board did recommend approval. 4 Mayor Jablin requested questions of the petitioner, with none forthcoming. Mayor Jablin 5 requested comments of staff, with none forthcoming. Mayor Jablin opened the public 6 hearing requesting anyone wishing to speak for or against Resolution 21, 2008 come 7 forward. 8 Julie Rosow, 9043 Cypress Hollow Drive, Palm Beach Gardens, cited power outages 9 during the hurricanes and inquired if backup power is required. Mayor Jablin 10 complimented Ms. Rosow on her suggestion. 11 Vice Mayor Levy complimented the staff for excellent report preparation. 12 Mayor Jablin closed the public hearing and brought Resolution 21, 2008 back up to 13 Council for discussion. 14 Motion 15 Councilmember Russo made a motion for approval of Resolution 21, 2008. Vice Mayor 16 Levy seconded. Motion carried unanimously, 5-0. 17 Mayor Jablin stated Resolution 22, 2008 had been pulled. The City Clerk read the title for 18 Resolution 22, 2008. 19 b. Resolution 22, 2008 – Mirasol Walk PUD Drugstore. A Resolution of the City 20 Council of the City of Palm Beach Gardens, Florida amending the development order for 21 Donald Ross Village Planned Unit Development (PUD), bounded by Donald Ross Road 22 to the North, Central Boulevard to the West, and Military Trail to the East, as more 23 particularly described herein, to eliminate certain conditions of approval related to the 24 provision of shared parking; providing conditions of approval; providing waivers; and 25 providing an effective date. 26 Mayor Jablin declared the public hearing open and requested ex parte communications. 27 Mayor Jablin declared a conversation with Peter Brock. Mayor Jablin stated Resolution 28 22, 2008 will be continued until April 17, 2008. Mayor Jablin opened the public hearing 29 requesting anyone wishing to speak for or against Resolution 22, 2008 come forward. 30 Seeing none, Mayor Jablin left the public hearing open. 31 Motion 32 Councilmember Russo made a motion for postponement of Resolution 22, 2008 to the 33 April 17, 2008 meeting. Vice Mayor Levy seconded. Motion carried unanimously, 5-0. 34 The City Clerk read the title for Resolution 23, 2008. 35 c. Resolution 23, 2008 – CVS Prosperity Center. A Resolution of the City Of Palm 36 Beach Gardens, Florida amending the signage criteria and design guidelines for the 37 outparcel building by allowing federally registered tenants to utilize their corporate colors 38 and logo for Prosperity Centre Planned Unit Development (PUD), generally bounded by 39 PGA Boulevard to the North, Prosperity Farms Road to the West, and Kidd Lane to the 40 East, as described more particularly herein; and providing an effective date. 41 Mayor Jablin opened the public hearing on Resolution 23, 2008 and requested ex parte 42 communication, with none declared. Mayor Jablin invited petitioner presentations. 43 Alfred Malefatto, Esq., Greenberg Traurig Law Firm, representing the petitioner, CVS 44 Pharmacy and Equity One, property owner, requested approval of an amendment to 45 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 7 03•20•08 Resolution 19, 1993. Mr. Malefatto explained CVS’ request to use its trademark red color 1 sign, post a sign for the subtenant, Minute Clinic, and replace the monument signs. 2 Councilmember Barnett stated she had no objection to the petitioner’s request. 3 Councilmember Barnett asked Growth Management Administrator Kara Irwin why the 4 petitioner was required to come to the City Council for the signage approval. Kara Irwin 5 explained he had to come to Council for approval of the red color signage because the 6 Resolution approved white signage. Councilmember Barnett requested to review the 7 monument signs, which she believes were approved by a development order, at a later 8 date, to which Ms. Irwin agreed. Councilmember Russo inquired about the federally 9 approved trademark. Ms. Irwin stated the color is registered and is compatible. Kara 10 Irwin explained that allowing the change of color on the fascia around the sign would set 11 a bad precedent. Vice Mayor Levy questioned the color blue for the Minute Clinic sign. 12 Ms. Irwin explained Minute Clinic is technically licensed as a separate business. 13 Discussion ensued about the color of the fascia behind the sign. Councilmember Barnett 14 did not take issue with the fascia color change behind the sign. Vice Mayor Levy stated 15 he supported the Planning, Zoning and Appeals Board’s (PZAB) unanimous 16 recommendation against the change of color for the fascia behind the sign. 17 Councilmember Russo agreed with the PZAB findings. Councilmember Premuroso did 18 not take issue with the change of fascia color behind the sign. Mayor Jablin agreed with 19 the fascia color change because he feels it makes the sign more readable. Discussion 20 ensued regarding the wording of the Resolution to allow the fascia color change behind 21 the sign. City Attorney Christine Tatum clarified wording in Resolution 23, 2008, page 5, 22 line 2 currently reads: “the applicant shall paint the fascia consistent with the color of the 23 surface to which the signs are attached.” 24 Mayor Jablin opened the public hearing requesting anyone wishing to speak for or 25 against Resolution 23, 2008 come forward. With no public comments, Mayor Jablin 26 closed the public hearing and brought Resolution 23, 2008 back up to Council for 27 discussion. 28 Motion 29 Councilmember Barnett made a motion for approval of Resolution 23, 2008 with the 30 changes that have been read into the record. Vice Mayor Levy seconded. Motion carried 31 unanimously, 5-0. 32 XI. ORDINANCES (For Consideration on First Reading) 33 The City Clerk read the title for Ordinance 6, 2008. 34 a. Ordinance 6, 2008 – General Employees’ Pension Plan. An Ordinance of the City 35 Council of the City of Palm Beach Gardens, Florida relating to the General Employees’ 36 Pension Plan (DB); amending Section 3-128, Code of Ordinances entitled “Board of 37 Trustees”; providing for codification; and providing an effective date. 38 Finance Administrator Allan Owens explained the General Employees’ Pension Plan was 39 closed to new employees in May 1995 and only two active employees remain. The 40 requested change is to alter the Board composition in response to the dwindling number 41 of participants and reduced number of meetings to cut costs as follows: three residents 42 instead of two, one member of the system instead of two, a retiree or City resident as the 43 fourth member and the fifth member would remain a trustee chosen by the Board with 44 ratification by Council. Also requested is a change from quarterly meetings to semi-45 annual meetings as a cost savings. There is no cost element to the requested changes. 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 8 03•20•08 Staff recommends approval. Discussion ensued with Councilmember Russo inquiring 1 why the plan could not be closed and the employees moved to a different plan. A llan 2 Owens explained there would be a benefit loss to the employees because the closed plan 3 uses a higher multiplier than the Florida Retirement System (FRS). Corrections to 4 Ordinance 6, 2008 include changing the Agenda Cover Memorandum from 5 recommendation to deny to recommendation to approve (as noted under Modifications) 6 and clarification of Ordinance 8, 2008 (as appears on-screen) to Ordinance 6, 2008 (as 7 appears on the printed agenda). 8 Motion 9 Councilmember Russo made a motion in favor of Ordinance 6, 2008. Vice Mayor Levy 10 seconded. Motion carried unanimously, 5-0. 11 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 12 Councilmember Barnett reported receiving an e-mail from Joan Altwater, President, 13 Northlake Neighborhood Coalition, and understands there is an agreement between the 14 Coalition and Christ Fellowship. Discussion ensued among Councilmembers. City 15 Attorney Christine Tatum confirmed the City’s position. 16 XIII. CITY ATTORNEY REPORT 17 None. 18 19 (The remainder of this page intentionally left blank.) 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 9 03•20•08 XIV. ADJOURNAMENT 1 There being no further business to come before the Council, Councilmember Russo made 2 a motion for adjournment. Vice Mayor Levy seconded. The meeting was adjourned at 3 9:07 p.m. 4 5 APPROVED: 6 7 8 Eric Jablin, Mayor 9 10 11 12 13 David Levy, Vice Mayor 14 15 16 17 18 Joseph R. Russo, Councilmember 19 20 21 22 23 Jody Barnett, Councilmember 24 25 26 27 28 Robert G. Premuroso, Councilmember 29 30 31 32 ATTEST: 33 34 35 36 Patricia Snider, CMC 37 City Clerk 38 39 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 40 transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 41 All referenced attachments on file in the Office of the City Clerk. 42 d fir;. preverztion mcials OM and state agen PROCLAMA STATE OF FL CITY OF PALM BEACH GARDENS WHEREAS, public works services provided in our community are an ralpmt of our citizen's everyday lives; and WHEREAS, the support of an understanding and informed citizenry is a1 to the efJicient operation of public works systems and programs such as water, wers, streets and highways, public buildings, and solid waste collection; and WHEREAS, the health, safety and comfort of is communi0 greatly depends on these facilities and services; and WHEREAS,+the quality and effectiveness of these facilities, as well as their plkznning, design, and construction, is vitally dependent upon the eforts and skill of' wublic works oficials; and WHEREAS, the efficiency of the qualijied and dedicated personnel who staff public works departments is materially influenced by the people 's attitude and unddanding of the importance they perform, NOW, THEREFORE, L Eric Jablin, by virtue of the authority vested in me as Mayo7 of the City of Palm Beach Gardens, Florida, do h May 18 through 24,2008 as by proclaim the week NATIONAL PUBLIC WORKS WEEK IN WITNESS WHEREOF, I have ~ hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be ufJixed on this 1st day of % May in the Year Two Thousand and Eight. I 4 1 Attest: Patricia Snider, CMC, City Clerk *$? P&iu Snider, CMC, City Clerk CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum FINANCE: I Date Prepared: April 4,2008 Ordinance 5,2008 Resolution 26,2008 Resolution 27,2008 - Meeting Date: May 1,2008 ~ SUBJECT/AGENDA ITEM Ordinance 5,2008 - North County Government Center PCD Amendment Companion Item: Resolution 26,2008 - Adoption of the North County Government Center master site plan Resolution 27,2008 - North County Regional Library Site Plan Amendment Second Reading and adoption: A request from Melanie Borkowski, Manager of the Palm Beach County Facilities Development & Operations Department, as the agent for Palm Beach County, for various amendments to the approved North County Government Center Planned Community Development (PCD). In addition to the PCD Amendment, the applicant is seeking approval of a site plan amendment to allow for the construction of 14,612 square feet additional interior space to expand the North County Regional Library. The subject site is approximately 1.6 miles east of 1-95 at the SW comer of the intersection of PGA Boulevard and Campus Drive and north of Fairchild Avenue. [XI Recommendation to APPROVE with 3 waivers I Reviewed by: / I I Accountant !, \, 1 1reshaThomas 1 1 Deg2jnent Compliance Bahareh Keshavarz, AICP Growth Manage Administrator Originating Dept.: Growth Management: Manager m Allyson Maiwurm Projects Coordinator [XI Quasi-Judicial [ 3 Legislative [XI Public Hearing Advertised: Date: 4/16/08 Paper: Palm Beach Post [ XI Required Affected parties: [X ]Notified [ ] Not Required Costs: $-N/A Total $-NIA- Current FY Funding Source: [ ] Operating [XIOther N/A Budget Acct.#: NA City Council Action: [ ]Approved [ ] App. wl conditions [ ] Denied [N/A] Rec. approval [N/A] Rec. app. wl conds. [N/A] Rec. Denial [N/A]Continued to: Attachments: Project Narrative Reduced Plans Traffc Concurrency Ordinance 13, 1992 Ordinance 18, 1995 Ordinance 53,1997 Ordinance 54,1997 0 Ordinance 5,2008 0 Resolution 26,2008 Resolution 27, 2008 Date Prepared: April 4,2008 Meeting Date: May 1,2008 Ordinance 5,2008 Resolution 26,2008 Resolution 27,2008 EXECUTIVE SUMMARY The subject petition is a request for approval of an amendment to the North County Government Center Planned Community Development (PCD) and an amendment to the North County Regional Library Site Plan, which are located approximately 1.6 miles east of 1-95 at the SW side of intersection of PGA Boulevard and Campus Drive and north of Fairchild Avenue in the City of Palm Beach Gardens. The PCD and Site Plan Amendments will permit the construction of a 14,612 square-foot addition to the North County Regional Library, increase the existing parcel size from 4.06 acres to 6.608 acres, provide the required linkage roads throughout the parcels, relocate the Environmental Preserve, eliminate the State of Florida Department of Motor Vehicles (DMV) parcel from the limits of the PCD, reconfigure the approved PCD parcels, eliminate two (2) passive parks and designate a 2.756 acre parcel for future development. Staff recommends approval of Ordinance 5, 2008, Resolution 26, 2008, and Resolution 27, 2008, and the conditions of approval provided herein. BACKGROUND The North County Government Center PCD was originally approved as a Planned Unit Development by Ordinance 13, 1992. The prevailing Master Plan for the North County Government Center PCD was approved by Ordinance 18, 1995. This PCD is currently approved as a 33.698 acre campus with six (6) separate parcels. The PCD currently supports the 103,637 square foot North County Government Center, which houses the North County Courthouse and County administrative offices and the 24,920 square foot North County Regional Library. Additional parcels within the PCD are currently approved for use as a licensing bureau and training facility for the DMV, two (2) passive parks, and an environmental preserve. Ordinance 53, 1997 allowed for a two year time extension to complete development of the PCD and Ordinance 54, 1997 increased the square footage in overall size of two parcels (five and six) within the PCD. Lastly, Resolution 147, 1997 provided for the approval of a 72,000 square foot addition to the North County Courthouse and a 3.2 acre passive park on parcels 1 and 6 of the North County Government Center Planned Community Development. LAND USE & ZONING The subject site has a zoning designation of Planned Community Development (PCD) District with an underlying zoning of Publidhstitutional (P/I). The future land use designation is Public (P). There are no zoning or land use designations amendments being proposed with the subject petition. CONCURRENCY Traffic Concurrency was approved for a 40,000 square foot library as part of the initial development order granted by the City in 1992, Ordinance 13, 1992. The proposed expansion will not exceed this threshold, and no other activity within the North County Government Center PCD has relied on this reservation of capacity for the library expansion. Also, the site is more than 80% built-out and therefore, the County traffic is vested for a 40,000 square foot library. 2 Date Prepared: April 4,2008 Meeting Date: May 1,2008 Ordinance 5,2008 Resolution 26,2008 Resolution 27,2008 Drainage The site is located within the jurisdictional boundaries of the Northern Palm Beach County Improvement District, and the subject to the permit requirements of the Improvement District and the South Florida Water Management District. The only impact on drainage associated with this project is the expansion of the parking area for the library, which involves the addition of approximately one-half acre of impervious area. This impact will be fully mitigated by the installation of retention, pipes and inlets, which will connect to the existing library drainage system. PROJECT DETAILS Planned Community District Master Plan Site Access The PCD has two vehicular access points; one of which is located off of Campus Drive and the other off of Fairchild Avenue. Future development will allow for more access via the City linkage roads but it is not needed at this time. Muster Site Plan The existing 24,920 square foot North County Regional Library was originally approved as Phase I of the PUD (Ordinance 13, 1992) and this current petition will allow for the expansion of 14,612 sq. feet of interior space to the existing building for a total of 39,532 total square feet. The applicant is also requesting to eliminate the two (2) passive parks from within the PCD and add additional acreage to the environmental preserve (from 5.442 acres to 6.002 acres). The applicant proposes to eliminate the existing 6.99-acre DMV parcel fronting PGA Boulevard from the limits of the PCD, reducing the area of the PCD to 27.694 acres. Lastly, the applicant would like to designate the 2.756 acre parcel to the west of the library for future development. Therefore, this petition is requesting the reconfiguration of parcel boundaries within the PCD which would include only four (4) parcels: (1) the North County Courthouse, (2) the North County Regional Library, (3) Environmental Preserve and (4) Future Development. Landscaping & Buffering The applicant is requesting to remove the DMV parcel from the PCD which has a condition that requires a landscaping buffer along PGA Boulevard. Therefore, it will not be the responsibility of the County but will be a condition of approval when the DMV site is redeveloped. Although a significant portion of the subject 27.694 acres has been developed, significant open space has been preserved within the existing development footprint of the North County Government Center. The same approach was taken to develop the proposed Master Plan, which is evidenced by the 6.002 acre preservation parcel and overall increase in preservation acreage. The west eight (8) foot buffer of the library parcel is intended to serve as a required landscape buffer. The existing native vegetation in this area (a mix of mature slash pine, Sabal palms and saw palmetto) will remain and ultimately be combined with the landscape buffer proposed for the east side of the adjacent parcel being designated for future development. The few exotic species that exist in this general area of the expanded library parcel are located primarily at the edges of the parcel and will be removed in conjunction with site development activity. 3 Waivers The applicant is requesting the following waiver: Required Concrete sidewalks, at least five feet wide, shall be provided on each side of all streets in a subdivision with the exception of cul- de-sacs. Provided Continuation of the meandering sidewalk on the south side of the adjacent parcel to the north for consistency of the walkway. Therefore, the sidewalk will only be on one side of the road. Recommendation Approval 1) The applicant is requesting a waiver from City Code Section 78-506, sidewalks. The applicant has agreed to extend the meandering sidewalk westward on the south side of the County Courthouse site (parcel 1) as a condition of approval for development of parcel 4 in order to provide pedestrian connectivity to/from the proposed passive trails within the environmental preserve area. The required sidewalk would be detrimental to the buffer on the north side of the parcel if it were placed on-site. Staff was concerned about pedestrian walkways to the library site and is satisfied with the proposed sidewalk extension. Staff recommends approval of the requested waiver. Site Plan - North Countv Regional Library Architecture The proposed expansion of the North County Regional Library building on Parcel 2 will consist of a 14,612 square foot addition. The expansion will occur on the northeast side of the existing 24,920 square foot building. The new building has been designed to carry over elements that are generally similar of the existing building’s architecture including the roofing that currently exists on the main building. Care has been taken to maintain architectural consistency between the existing building and the expansion in order to minimize the potential for adverse visual impact. Parking The Applicant is required to provide 132 total parking spaces for the site plan and has provided 265 spaces on the subject site. Therefore, the applicant is requesting a waiver for additional parking. Palm Beach County Facilities Development & Operations provides parking at a rate of 1 space per 150 square feet of gross floor area as a standard practice for all libraries on a County-wide basis. Whereas, the City’s standard parking rate requirement of 1 space per 300 square feet applies to all government uses alike. The County has discovered that libraries often require a greater proportion of parking than other government uses. Possible explanations include longer duration of visitation by library patrons, infrequent vehicle turnover within surface parking areas that support library facilities and organized public events and functions at library facilities. 4 Date Prepared: April 4,2008 Meeting Date: May 1,2008 Ordinance 5,2008 Resolution 26,2008 Resolution 27,2008 Date Prepared: April 4,2008 Meeting Date: May 1,2008 Ordinance 5,2008 Resolution 26,2008 Resolution 27,2008 Site Lighting The Applicant has provided a photometric plan with the subject petition in order to incorporate the revised lighting into the landscape and site plans. Significant open space has been preserved within the development footprint of the existing and proposed library parcel and throughout the entire North County Government Center. Care has been taken during the planning stages of the library expansion to ensure that the project meets the open space requirements of the City’s Land Development Regulations. A minimum of 3.03 acres, or nearly 46% of the expanded library parcel, will be maintained as open space. The open space calculated for the required Landscape Points is 1.98 acres, or 30% of the total area site. CPTED Compliance The petitioner shall comply with the Crime Prevention through Environmental Design (CPTED) principles recommended by the Police Department. Waivers The applicant is requesting the following waivers: Code Requirement Required Provided 78-345 (D) (3): Maximum 10% of >loo% Additional parking required parking greater than 10% of required parking 78-441 (c): Boundary prior to the issuance certificate for occupancy plat required of the first building for the library expansion. Completion of a plat Prior to the issuance of Dermit. Recommendation Approval Approval 1.) The applicant is requesting a waiver to City Code Section 78-345 (D) (3) to increase the total parking to a total of 265 spaces. This total is justified through by the standard of all libraries on a County-wide basis of 1 per 150 square feet of gross floor area. Whereas it is the City’s standard parking rate of 1 per 300 square feet applies to all government uses alike. It has been discovered that libraries often require a greater proportion of parking than do other government uses. Staff recommends approval of this requested waiver. 2.) The applicant is requesting a waiver to City Code 78-441 (c) to allow the completion of the plat for the North County Government Center PCD prior to the issuance of occupancy for the library expansion. Due to the timing for the construction and the preservation management plan, staff agrees with the applicants request for the plat to be completed prior to the issuance of certificate of occupancy for the library expansion. Staff recommends approval of this requested waiver. 5 Date Prepared: April 4,2008 Meeting Date: May 1,2008 Ordinance 5,2008 Resolution 26,2008 Resolution 27,2008 PLANNING, ZONING, AND APPEALS BOARD The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a public workshop on November 13, 2007. The PZAB issued the following comments: 1 .) The PZAB suggested that the applicant enhance the architecture of the roof. The applicant has enhanced the architecture to be generally consistent with the roof of the main building as well as offers two styles for the roofing, one with a pitched type style and one with ajlat roo$ 2.) The PZAB asked the applicant if the DMV has been notified of the removal from the PCD. The applicant received conjrmation that the DMV agrees to the changes and removal from the PCD. 3.) The PZAB asked the applicant about designing the expansion to LEED standards. At this time, the applicant has not committed to build the library expansion to LEED standards. However, they will include their standard energy saving techniques. 4.) The PZAB inquired about a bus area for bus parking when bringing school children to the library. The applicant had provided two extra large parking spaces along the northwest end of the parking lot that could possibly accommodate oversized vehicles, such as buses, $needed. The Planning, Zoning & Appeals Board (PZAB) reviewed the subject petition at a public hearing on February 12, 2008. The subject petition was recommended for approval to City Council by a 6-1 vote. CITY COUNCIL RECOMMENDATION On April 3 2008, City Council approved Ordinance 5,2008 on first reading with a 5-0 vote. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 5, 2008. Staff recommends approval of Resolution 26,2008 and Resolution 27,2008. 6 Date Prepared: April 4,2008 Meeting Date: May 1,2008 Ordinance 5,2008 Resolution 26,2008 Resolution 27,2008 TABLE 1 EXISTING ZONING AND LAND USE DESIGNATIONS EXISTING USE ZONING LAND USE North County Government Center (PCD) I Public (P) Subiect ProDerty Planned Community Development I North Planned Community Development Commercial (C) TheMacArthur Regional Center (PCD) Professional Office (PO) South Single Family Residential unincorporated Palm Beach County Eissey Theatre Palm Beach County Single Residential Palm Beach County Low Density (RS) Residential (LR-2) Public/Institutional (P/I) Public (P) 7 - East Palm Beach Community College Eissey Campus West United States Post Office Publidlnstitutional (PO) Public (P) Public/Institutional (P/I) Public (P) CITY OF PALM BEACH GARDENS NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the City Council of the City of Palm Beach Gardens, Florida will conduct a Public Hearing and consideration for approval on May Ist, 2008 at 7:OO p.m., or as soon thereafter as can be heard, at the Municipal Complex Building located at 10500 North Military Trail, Palm Beach Gardens, Florida regarding: ORDINANCE 5,2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO THE REZONING OF THE NORTH COUNTY GOVERNMENT CENTER PLANNED COMMUNITY DEVELOPMENT (PCD) LOCATED AT THE SOUTHWEST CORNER OF PGA BOULEVARD AND CAMPUS DRIVE; AMENDING ORDINANCE 18,1995 AND ORDINANCE 54,1997 TO TRANSFER AND AMEND THE MASTER SITE PLAN APPROVAL AND RELATED CONDITIONS TO A SEPARATE RESOLUTION; REZONING TO PLANNED DEVELOPMENT AREA (PDA) WITH AN UNDERLYING ZONING DESIGNATION OF PUBLIC OR INSTITUTIONAL (PA); AND PROVIDING AN EFFECTIVE DATE. THE 6.99-ACRE DEPARTMENT OF MOTOR VEHICLES PARCEL FROM PCD RESOLUTION 26,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE NORTH COUNTY GOVERNMENT CENTER PLANNED COMMUNITY DEVELOPMENT (PCD), LOCATED AT THE SOUTHWEST CORNER OF PGA BOULEVARD AND CAMPUS DRIVE, TO RECONFIGURE CERTAIN PARCELS, PROVIDE THE REQUIRED LINKAGE ROADS THROUGHOUT THE PARCELS, RELOCATE THE ENVIRONMENTAL PRESERVE TO THE WEST SIDE OF DEPARTMENT OF MOTOR VEHICLES PARCEL FROM THE LIMITS OF THE PCD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. THE NORTH-SOUTH LINKAGE ROAD, ELIMINATE THE 6.99-ACRE RESOLUTION 27,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN FOR THE NORTH COUNTY REGIONAL LIBRARY, LOCATED ON THE NORTHWEST CORNER OF CAMPUS DRIVE AND FAIRCHILD AVENUE, TO ALLOW A FOOT FACILITY; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. 14, 61 2-SQUARE-FOOT ADDITION TO THE EXISTING 24,920-SQUARE- i - -- -Fed 1 om - All members of the public are invited to attend and participate in said public hearing. All documents pertaining to said Resolution may be inspected by the public in the Growth Management Department (561 -799-4243) located at the Municipal Complex Building during regular business hours, Monday through Friday, 8:OO a.m. - 500 p.m., except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). Patricia Snider, City Clerk, CMC Publication Date: Wednesday, April 16, 2008 April 13, 1992 3RDIEiANCE 13, 1992 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CREATING A PLANNED 8NIT DEVELOPMENT ON LANDS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO WHICH IS PART OF A NORTH COUNTY PUBLIC FACILITIES COMPLEX OWNED BY .4ND TO BE USED BY THE COUNTY OF PALM BEACH AS A REGIONAL LIBRARY WITH AN UNDERLYING ZOKING USE DESIG- NATED GU- GOVEKNMEP>TAL USAGE SUBJECT TO THE PLANS, SPECIFICATICNS AND CONDITIONS SET FORTH HEREIN; AND, PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. A Planned Unit Development to be used as a library with underlying use of GU- Governmental Zoning District is created upon the lands described in Exhibit "A" attached hereto. This Planned Unit Development approves Phase facility structure consisting of approximately 24,900 square feet. I of said library Section 2. Development u2der :his Planned Unit Develop- ment shall be subject to the plans aqd specifications and conditions as hereinafter set forth: A. Plans and Specifications: 1. Site Plan prepared by Educated Sign, dated April 28, 1992, consisting of one Sheet A-1. 2. Landscape Plan, prepared by Drban Design Studio, dated February 3, 1992, and con- sisting of one Sheet L-1. Landscape Materials Schedule C Planting Details, prepared by Urban Design Studio, dated February 3, 1992, and consisting of one Sheet L-2. prepared by Educated Design, dated Septem- ber 4, 1991, and consistin,; of one sheet 3. 4. Northeast and Southwest Elevations, A-5. 5. North, Northwest and SoJtheast Elevations, prepared ~y Eoucated Design, dated September 3, 1991, consisting of one Sheet A-6. 6. Building Sections Plan, prepared by Educated Design, dated August 19, 1991, and consist- ing of one Sheet A-7. 7. Wall Sections Plan, prepared by Educated Design, dated SeFtember 20, 1991, and consisting of one Sheet A-9. 8. Exterior Color Scheme: Metal Roof and Coping Benjamin Moore #663 Walls Benjamin Moore #HC 173 Base of Walls Benjamin Moore #HC 172 Accents : Brick Windows Louve 1: s B. Conditions : Benjamin Moore #077 Benjamin Moore 8663 Benjamin Moore #663 1. 2. 3. 4. 5. Fairchild Avenue shall be extended to a two- lane facility from its current terminus easterly to Campus Drive prior to the issuance of any Certificate of Occupancy f3r the Library. The proposed Buffer “C” along the Fairchild Avenue Extension, including the medLan as indicated on the TypLcal Buffer Detail Plan, shall also be installed and irrigated by the completion of the Fairchild Avenue Extension. The location of the Library access driveway on Fairchild Avenue shall be coordinated with and aligned with The access driveway for the Palm Beach Coa-nunity College Campus Theater. Prior to approval of each su’lsequent phase ~r sub-phase of chis Planned Un-t Development, the County shall provide to the City a Traffic Study including the traffic generated by all previously approved phases or sub-phases within the Master Plan. The sign elevation and location shall be subject to future review by City Staff and approval by subse- quent Resolution of the City Council. Prior to construction, trees or vegetated clusters, which have been designated for preservation as per the Landscape Plan,shall be properly tagged. The vegetation falling within the drip line of these trees shall be preserved where desirable. Prior to land clearing, the developer shall erect and maintain protective barriers around the drip line of all trees or vegetated clusters to be protected. approved by the City Forester prior to issuance of any Permit authorizing land clearing. 153.50 (Tree Protection), Paragraphs B, C, and D of the Palm Beach Garden:: Code shall be enforced during coiistructLon. This work shall be inspected and Section -2- L e 6. H Certificate of Occupancy snall be issued for this Planned Unit Development no later than January 1, 199.5. In the event same is not so issued, all work shall terdnare, pending Petitioner fur- nishing to the City a current certified traffic study subject to the standards of Ordinance 90-4cof Palm Beach County and amendments thereto. 7. All required Permits and Management Plan for the Relocation of the Gopher Tortoises shall be obtained from the Florida Game and Fresh Water Fish CommissiorL and suDmitted to the City Staff pricr to the issuance of any Permit authorizing lanc: clearing. 8. All trees desig,nated fcr preservation that die durirg construction or because of con- struction practices, shall be replaced using the following schedule: For every inch of tree caliper lost, three inches of new tree caliper shall be replaced of like specie. The replace- ment tree shall have a minimum three-inch caliper diameter. All associated landscaping along Fairchild Avenue and Canpus Drive. adjacent: to the Regional Library, Planqed Unit Eevelopment, shall be installed and Iraintained in conjunction with the completion of said Planned Unit Development and prior to issuance of a Certificate of Occu- pant y . Occupancy, the Landscape Architect of Record shall certify in writing to the City that the landscaping has been comyleted per the approved Landsca?e Plans. Any changes to the approved LandscaTe Plans shall be approved by City Coun- cil. Once the City has the certified letter from the Landscape Arctitect, the City Forester shall inspect t.he site for compliance. When compliance has been confirmed by the City Forester, the City Building Department shall be notified. 9. 10. Prior to the issuance of the Certificate of Section 2. All Ordinances and Resolutions or parts thereof in conflict herewith are hereby repealed. Section 4,. - This Ordinance shall be effective upon the 4 date of passage. PLACED ON FIRST READING THIS /6 DAY OF APRIL, 1992. , 1992. , 1992. READING THIS-DAY OF THIS THE %DAY OF 4PPROVED AS TO FORM AM LEGAL SUFFICIENCY , LEGAL DESCRIPTION THE PMM BEACH POST - Puhlished Daily and Suntia) West Palm Beach. Palm Hexh Co~iii~y, k 1orid.i PROOF OF I'C l~LIC*\'~lO\ STATE OF FI.OI1II)A COllNTY OF PALhl HEACH Wetore the undc rsrgned authority ~>ersolially Lipi>e ar+d --Chris >!Al___ who on oath says that \he/he isclass - if The F'alm Beach PtJ5t. a daily and Sunday newspaper published at \Yest Palr.1 Weac i in I'alr~~ Reach ('(runty. M9r - Florida: that the attached copy of advertising, hcing ti ______ I__ Notice ordinance 13, 1992 ___- in the matter of ______ --- in the - Cour:. was Iiii'>ltsbed ii. wid ne'xqpaper in the iSsues of April 22, 1992 Attiant further ,ass lhal the said The Pos: is a iitwpiper publish, d at LVeat Palm Beach, in said T'alin Beach County, Florida, atid that the raid :iewsliapx nap heretof<ire been continuously published in said I'alin Beach Couiitv, Vlorida. daily and Sunday and has been entered as second CIWR mail matter at the po-t offich? in \Vest Palin Beach. in said Palm Beach County. Florida, for a periotl of one year next prwrding the first puhlication (11 the attached copy of advertisement, and affian! turther says thai slie/he has neither paid nor promised any person, firm or corporation any distor:nt. rebate, commission or refund for the purpose of securing this advertisement tor pulilitation in the said newspaper ,. 1, ,-. I' . S\rorn to and .;iihscrihrd befgwe me thls 22 d:iy 01 April A L) 1942 - - ,. \ . I,. .. r - . .. , I i u THE PkM BEACH POST Published Daily and Suncia) \Vest Palm Bench. Palm Beach Cotinty k'loridi STATE OF FI.OI1II)A COLINTY OF PALM HEACH Hefore the undersigned authority personally ippear xd -chr~S'%~~ Class. Sales Mgr who on oath says that hhe/he is-- ---*-cd 'I'he Palm Heach Pust. a daily and Sunday newspaper puhlishcd at West Palm Ueac:i in 1'alt.i Heach ('ountv. - Florida; that the attached copy of adtertisiiig. beinE a -. -_ _-___ ____ Notice pub1 ic hear in g in the matter (11 in the the issues ot April 22, 1992 --- .p-_-Cc~ur', vas i)u,)lished in soid newspaper in Aftiant further says that the said The Post i:, a new.;p,3per published at \Vest Palm Beach. in said Palin Beach County. Florida. and that the said ~iewspapt~ ha5 heretofure been cuntinuoualy published in said Palin Beach County, Florida. diiily and Sunday and has heen entered ab second class mail matter at thr pwt c,fficr in It'esl Palm Beach. in said Palm Beach County. Florida, for a period ol one year next prvcediiig 1 he first publication of the attached copy of advertisernelit; and alliani trirtner 5a~s i ha' she) he has neither paid nor promised any persun, firill (lr cc~rpu)ration ally iihcotint. rrhate. commission or refund for the purpost of securing this i~d\.erti~.ement L)r puldic .ation in the said newspapvr c v e CITY OF PALM BEACH GARDENS 1OK)o N. MILITARY TRAIL PALM BEACH GARDENS, MRIDA 334104698 (407) 7758200 May 11, 1992 Ms. Audrey Wolfe, Director Facilities Planning, Design and Construction Four Points Center, Suite 21 1 50 South Military Trail West Palm Beach, FL 33415 Dear Ms. Wolfe: Please find enclosed a corrected copy of Ordinance 13, 1992. In Section 2 (A) (l), the date of March 18, 1992 was incorrect and the ordinance now reflects the correct date of April 28, 1992. Should you have any questions, please feel free to contact me at 775-8252. Sincerely, ( Exa M. Rief Acting Deputj, City Clerk /emr Enclosure L u CITY C.F PFiiRr; BELCH GARDENS 1OHx) N. MILITARY TRAIL PALM BEACH GARDENS. FLORIDA 334104698 (407) 7758200 May 11, 1992 Mr. Hank Skowkowski Urban Design Studio 2000 palm Beach Lakes Blvd. Suite 600, The Concourse West Palm Beach, FL 33409-6582 Dear Mr. Skowkowski: Enclosed please find a copy of Ordinance 13, 1992, which was approved by the City Council at its regular meeting on May 7, 1992. Sincerely, s-.- ie G. Holloman Administrative Secretary A 4a- Enclosure: as stated * \ d CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 334104698 (407) 7758200 May 8, 1992 MS. Audrey wolfe, Director Facilities Planning, Design and Construction Four Points Center, Suite 211 50 South Military Trail West Palm Beach, Florida 33415 Dear Ms. wolfe: Enclosed please find a copy of Ordinance 13, 1992, which was approved by the City Council at its regular meeting on May I, 1992. Sincerely, cLcpn._Xhf&QQ6-4 B! Jac le G. Holloman Administrative Secretary Enclosure: as stated ORDINANCE 18, 1995 9/7/95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REZONING A 33.7 ACRE SITE FROM P/I, PUBLIC INSTITUTIONAL, IN PART, PUD, PLANNED UNIT DEVELOPMENT, IN PART, AND PDA, PLANNED DEVELOPMENT AREA, IN PART, TO PCD, PLANNED COMMUNITY DISTRICT. WHEREAS, the City of Palm Beach Gardens received a petition to rezone a 33.7 acre site; and WHEREAS, the City‘s Planning and Zoning Department staff has reviewed said petition for sufficiency and has determined it to be sufficient; and WHEREAS, the zoning petition is consistent with the City‘s Comprehensive Land Use Plan, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of Palm Beach Gardens, Florida, hereby approves the rezoning of a 33.7 acre site from P/I, Public Institutional, in part, PUD, Planned Unit Development, in part, and PDA, Planned Development Area, in part, to PCD, Planned Community District. Said property is located, in general, south of PGA Boulevard, west of Campus Drive, east of Fairchild Gardens Avenue and north of the Fairchild Avenue extension. The legal description for the 33.7 acre site is attached hereto as Exhibit “All . SECTION 2. Said rezoning is approved based on the following conditions: 1. Palm Beach County shall provide legal documentation allowing the use of the access easement between Toys-R-Us and the existing DMV facility prior to the Site Plan approval for the proposed DMV Building on Parcel 5. 2. 3. 4. 5. 6. 7. 8. 9. The developer shall return for subsequent site plan approval for the development of each parcel. Any amendments to the approved phasing plan shall require review and approval by the City Council. Amendments to the phasing plan shall not include any change of uses. The required landscape buffers along Campus Drive and PGA Boulevard, including adjacent to the existing Department of Motor Vehicle parcel, shall be installed prior to the issuance of the first Certificate of Occupancy for the Courthouse/Administrative building expansion. The existing 1,500 square-foot motor pool building and the communication towner shall be removed from the site prior to the issuance of the first Certificate of Occupancy for the Courthouse/Administration building expansion. Redevelopment of uses other than passive parks on Parcels 3 and 6 shall require an amendment to the Planned Community District. The irrigation system shall have a rain sensor and the sprinkler risers shall be installed so to not spray into the road. The wellwater, if necessary, will be treated to prevent staining of plants or sidewalks. The acceptance of the completion of the improvements for Fairchild Avenue by the City shall have been accomplished prior to the issuance of the first building permit for the project. The final Construction Plans shall need to show that the existing utilities are of sufficient depth so as not to interfere with the dry retention area, or that provision is made to connect the separated components (due to a shallow utility) so that the entire dry retention area has a bleed down capacity. 10. The provision for water quality treatment of the runoff from the existing parking lot serving the North County Courthouse shall be accomplished by exfiltration trench. 11. The chemical treatment used to remove the iron within the Planned Community District shall be a solvent. SECTION 3. The project shall be developed in accordance with the approved phasing plan and shall be completed prior to December 31, 1997. SECTION 4. Said construction shall be in accordance with the following plans on file in the City's Planning and Zoning Department: 1. 2. 3. 4. 5. 6. 7. August 31, 1995 Master Site Plan by Palm Beach County Facilities Planning, Design & Construction Capital Improvements Division. 1 Sheet. June 26, 1995 Phasing Plan by Palm Beach County Facilities Planning, Design & Construction Capital Improvements Division. 1 Sheet. April 18, 1995 Master Drainage Plan by DiFonte & Thomas, Inc. 1 Sheet. April 18, 1995 Master Water & Sewer Plan by DiFonte & Thomas, Inc. 1 Sheet. April 18, 1995 Conceptual Landscape Buffer Plans by Neal, Smith & Associates. 2 Sheets. April 18, 1995 Vegetation Assessment Plan by Palm Beach County Engineering and Public Works. 1 Sheet. January 4, 1993 Picnic Table Plan by DuMor, Inc. 1 Sheet. SECTION 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS Jd' DAY OF PLACED ON SECOND READING THI,$m DAY OF dPfid4:~~ l&G&dh , 1995. , 1995. nIs -5fll DAY OF d.;~w.., , 1995. (CWNCILMEMBER- LINDA MONROE VICE MAYOR LAUREN FURTADO UNCILMEMBER DAVID CLARK ATTEST : LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO LEGAL AND LEGAL SUFFICIENCY 'I *xOMAS J. BAve6mEY AYE NAY ABSENT - VOTE : / --_I MAYOR RUSSO VICE MAYOR FURTADO J - - COUNCILWOMAN MONROE d- - COUNCILMAN JABLIN --- &-,- --- CJ COUNCILMAN CLARK DESCRlPTlOrl MID DEDICI\TlON KNOW KL MEN BY TtIESE PRESEtJlS THAT THE BOARD OF COUNTY COhIMISSIOI.JERS CF PALM BEACH COIJH'TY, A POLITICAL SUBDIVISlOtJ OF THE STATE OF FLORIDA, OWNERS OF THE LAND SIiOWN HEREON, BEING IN SECTION C, TOWNSHIP 42 SOUTH, RANGE 43 EAST, CITY OF PKM BEACH GmDENS. COUNTY OF PALM BEACH, FLORIDA, SHOWJ HEREOil AS PLAT OF NORTH COIJNTY GOVERNMENT CEtJTER BElrlCI ).!ORE PARTICIILARLY DESCRIBED AS FOLLOWS: SHD SECTION 6: THENCE N 88' 45'08" W, ALONG THE NORTH LINE OF SAKI SOUTHEAST QUARTER WJD THE CENTER LlElE OF P.G.A.BOULEVWi0 TO THE EAST LINE OF THE WEST HkLF OF THE NORTHEAST QUARTER (NE 5/41 OF THE SOUTHEAST QUARTER (SE '/'q) OF SWD SECTION 6, 664.16 FEET! THENCE S 1'25'51'' W, AONG SAlD EAST LINE TO A POINT OF INTERSECTIOFI WITH THE SOUTH RIGHT-OF-WAY LINE 01: P.G.A. BOULEVARD, 72.00 FEET, AND THE P_O!NJ-QF..B~$~t~~JG: THENCE CONTINUE S 1' 25'51" b', 594.05 FEET TO ItL SOUTH LlFlE OF THE FlORlHWEST OU/ARrER (NW I,/q) OF THE bIORTtIEkSI QUkRTER (FIE I;,) OF THE SOUrtlEkST OllkRTER (SE :,',I OF SAID SECrlON b: TtLNCE FI 88'42'25" W, ALONG SAID SOUTH ClrlE, 70.0 FEET TO THE WEST RIGHT-OF- WAY LINE OF CkhlPUS WAY CIS RECORDED IN OFFlClkL RECORD BOOK 2959 Ar PAGE 202 OF THE PUBLIC RECORDS OF PALM BEACH COlJEJTt', rl.ORIDA; THENCE S 1' 25'51" W, ALORG THE 'NEST HIGHT-OF-b"Y ClfIE OF CAMPUS WAY TO THE SOUTH LINE OF THE NORTH HALF 01 'ti) OF THE S0L;TIIEASST QUARTER (SE 'id) OF SWD SECTION 6, ALONG SAD SOUTH l-lN€, 1379.53 rFX'i'; THEW€. PI I' 1'7'23" E, CLO'K It!€ EAST LIVE OF AN 80.0 FOOT ROADWAY OESCRIBEO IEJ 0FFIt.IAL REbOHO BOOK 5978 AT PAGE 146, OF ItIE PUBLIC RELORUS OF SAD PN.M BEkCII r3GUIITY TO THE NORTH LWE OF JklD ROADWA~, 80.0 FEET: THE?JLE N RR" 39'42" W, ALONG SAD NORlH LINE, 14.82 FEEI; rlfr4CE El I' 26'52" E, 689.3 FEET: THENCE S 88'45'05" E. TO THE 'NESI LINE OF THE EAST 400 FEE[ OF THE \.VEST HALF (W 6. A DlSfPJJCE OF 400.0 FEET: TtlEElCE S 1" 26'52" VI, ALONG Sclu WEST LINE TO THE SOUTH LINE OF THE PIORTH 1SZ.JO FEET OF THE SOIJTH HALF (S 1 OF THE NORTtIEAST QUARIER (NE '/4) OF IHE SOUTHEASr OUMTER (SEh) OF SAID SEC rlON 6, k DISTAKE OF 261.51 FEE r: THENCE S 88' 42'25" E, SOUTHEAST QUARTER (SE I/.!) OF SAlO SE<;rlOtJ 6, A DlSrMlCE UT ~100.00 FEET; THENCE N 1'26'52" E, ALONG SAID LASl LIFIE 10 TIE 3OUTti RlGtlT-OF-WAY OF ' RIGHT-OF-WAY LINE r0 THE pOI_N_T--OF .8~GJ]~~lf?(j, 664.lY FEET. COMMENCE AT THE NORTHEAST CORtIER OF THE SOUTHEAST OUPRTER OF DIS'rkV!LE OF 666.00 FEET: TtIEPlCE N 8E3'39'42" W, 5;) OF THE SOlJTHEASr QUARTER (SE ',:d) OF SWD SECTION ALONG SND LINE ro THE EAST LINE OF THE WEST 1w-F (w :i2) OF THE P.G.A. BOULEVNID, '745.63 FEET: 1 tiENLE S 88' 45'OR" E, kl.OWc SWD SOUTH CITY OF PALM BEACH GARDENS 1- N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 334104698 CITY OF PALM BEACH GARDENS 1- N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 334104698 October 6,1995 Ms. Audrey Wolf, Director Facilities Department 3323 Belvedere Road, Building 503 West Palm Beach, Florida 33406 Dear Ms. WolE Enclosed please find a copy of Ordinance 18, 1995, rezoning a 33.7 acre site from P/I, Public Institutional, in part, PUD, Planned Unite Development, in part, and PDA, Planned Development area, in part, to PCD, Planned Community District. Ordinance 18, 1995 was passed and adopted by the City Council at their Regular Meeting of October 5,1995. Sincerely, Cindy &ey Deputy City Clerk Enclosure - As Stated THE PALM BEACH POST Published Daily and Sunday West Palm Beach. Palm Beach County, Flonda PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authonty ersonall appeared Chris who on oath says that shefhe is MGr ofThe Palm Beach Post, a dally and Sunday newspaper published at West Palm Beach in Palm Beach Coucty. Flonda: that the attached copy of advertising. being a in the matter of in the the issues of Not ice Ord. 18, 1995 --- Court, was published in said newspaper in Ce-tomhor zc, 1995 r ---..- -- Amant further- that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Flonda. and that the said newspaper has heretofore been continuously published In said Palm Beach County. Florida. daily and Sunday and has been entered as second class anail matterat the post office In West Palm Beach, in said Palm Beach County. Flonda. for a prnod of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that she/he has neither paid nor promised any person. firm or corporation any discount. rebate. commission or refund for the purpose of secunng this advertisement for publication in the saidoewspaper Sworn to and subscribed before me this 21 dayf September A.D. 1995 ?@e of Identification Produced THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County. Flonda PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authonty personally a pearedJKris who on oath says that she/he is 'lass Mgr ofThe Palm Beach Post, a daily and Sunday newspaper published at West Palm Beach in Palm Beach County. Flonda. that the attached copy of advertising. being a in the matter of in the the issues of August 13, 1995 Affiant further says that the said The Post IS a newspaper published at West Palm Beach. in said Palm Beach County. Flonda, and that the said newspaper has heretofore been continuously published in wd Palm Beach County. Flonda. daily and Sunday and has been entered as second class nail matter at the post office inWest Palm Beach. in said Palm Beach County. Flonda. for a period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that she/he has neither paid nor promised any person. firm or corporation any discount. rebate. commission or refund for the purpose of secunng this advertisement for publicahon in the saghqwspaper. Not ice Hearing/Ord. 18, 1995 --- Court. was published in said newspaper in ORDINANCE 53,1997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT OF SECTION 3 ORDINANCE 18,1995, IN ORDER TO ALLOW FOR A TIME EXTENSION, OF TWO YEARS TO COMPLETE THE DEVELOPMENT OF THE NORTH COUNTY GOVERNMENT CENTER PLANNED COMMUNITY DEVELOPMENT; AND, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Palm Beach Gardens approved the North County Government Center Planned Community Development by Ordinance 18, 1995, WHEREAS. the City has received a petition to amend Ordinance 18, 1995, to allow for a fiirther time extension of two years to complete the development, WHEREAS, the City's Planning and Zoning staff has reviewed the petition and determined that it is sufficient, and WHEREAS, the proposed amendment is consistent with the City's Comprehensive Plan NOW, THEREFORE, BE IT ORDATNED RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA Section 1 Section 3 of Ordinance 18, 1995, which approved the North County Government Center Planned Community Development, is hereby amended, as foliows "The project shall be developed in accordance with the approved phasing plan and shall be completed prior to December i 1, lggg 1997 " Section 2 This Ordinance shall be effective upon adoption Y'L, I OF PLACED ON FIRST READING THIS . qL t' '5 3: 'c /'L !'c: t , 1997 PLACED ON 8ECOM READING THS*il-QF ,gtL,,?i- i, t , 1997 PASSED ANW'AEOPTED THIS PR- DAY OF LL- L;C .L,,L: c- ,1997 j _, , COUNCILWOMAN LINDA MONROE -r # - - * ;. .. I .' _- -3 , -- . - / && #' .-- I .-- J-L 'x. ___ COUNCILMAN ERIC JABLIN VICE MAYOR LAUREN FURTADO &&/m COUNCILMAN DAVID CLARK ATTEST LINDA V KOSIER,CMC,C[TY CLERK SUFFICIENCY APPROVED AS TO LEGAL FORM AND VOTE AYE NAY ABSENT J MAYOR RUSSO - VICE MAYOR FURTADO --- v,' - - COUNCILWOMAN MONROE - COUNCILMAN CLARK _*-- - v 11- Cr /' - ~ COUNCILMAN JABLIN G \Short RangeMIS9722 OR CITY OF PALM BEACH GARDENS 10500 N MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 3541G4698 January 26,1998 Ms. Audrey Wolfe PBC Facilities Planning & Design Co. 3323 Belvedere Road, Building 503 West Palm Beach, Florida 33406 Dear Ms. Wolfe: Enclosed is a copy of Ordinance 53,1997, providing for an amendment of Section 3, Ordinance 18, 1995, in order to allow for a time extension of two years to complete the development of the North County Government Center PCD. Ordinance 53, 1997 was passed and adopted by the City Council at the Regular Meeting on December 4, 1997. Sincerely, Cindy Harvey Deputy City Clerk Enclosure: As Stated THE PALM BEACH POST heard, at the Munlclpaf Com- pkx BuHdlng Iowted at 10600 North YHlt.rl fr~ Pam 8.d (~lrd.n.. PIA, con- thereafter conudu rmei reed- Ing of tho fallowlno OrdC nance ORDINANCE Sa, 1997 AN ORDINANCE OF THE CITY COUNCU. OF THE CITY OF PALM BEACH GARDENS FLORIDA, PROVIOU(O FO; AMENDMENT TO SECTION 3 OF ORDINANCE 18 1996 IN 1 TENSION OF TWO YEARS TO COMPUTE T& DEVELOP- 1 MENT OF THE NORTH COUN. , TI QOVERNMENT CENTER PLANNED COMUUNITY DE- VELOPMENT AND PROVIDWG COR AN ECF’ECTIGE DATe ‘l.QUIat*d AA n*mbere t0 of 8M.nd tho pubhc and par- are duet 0 Publo Mng On mnd ORDER TO ALLOW A TIME’EX- Published Daily and Sunday West Palm Beach, Palm Beach County, Florida eeted pereon deelrme to ep- Ped *nY declrron maae by the ‘W coundl. WIth l*.P.Ct to I any mm.r coniidwcd at tnir .on WIU new a rword of th. PrDCndhgl. and for ulclc pur- Pabe may mad to enewre e rerbdlm record ot tho pro- cO*dnW 48 m-. WMLh m- cord Inc*d.s the teaumny Md 0vld.nC. upon whrch th. aDpeal Io to be baaed LINDA V KOSIER, CMC h.~rb& DUCk MItWOOhd per- PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Chris Bull who on oath says that she is Classified Advertising Manager of The Palm Beach Post, a daily and Sunday newspaper published at West Palm Beach in Palm Beach County, Florida, that the attached copy of advertising, being a Notice in the matter of Public Hearme Ordinance 53, 1997 In the - - - Court, was published rn said newspaper 11) the issues of November 19, 1997. Affiant further says that the said The Post is a newspaper published at West Palm Beach, UI said Palm Beach County. Florida, and that t the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next precedlng the first publication of the attached copy of advertisement. and affiant further says that shehe has neither paid nor prornlsed any person, firm or corporation any discount rebate. commission or refund for the purpose of securlng this advertisement for publication in the said newspaper. ,+ 0 Sworn to and subscnbed before me this fi day of November A D 1997 7 Personally known XX or Produced Identification Type of Identification Prxced ORDINANCE 54,1997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT OF SECTIONS 2 AND 4 OF ORDINANCE 18, 1995, IN ORDER TO ALLOW AN INCREASE IN THE SQUARE FOOTAGE OF THE NORTH COUNTY COURTHOUSE BUILDING AND TO ALLOW AN INCREASE IN OVERALL SIZE OF TWO PARCELS OF LAND WITHIN THE NORTH COUNTY GOVERNMENT CENTERPLANNED COMMUNITY DEVELOPMENT; PROVIDING FOR CONDITIONS OF APFROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens approved the North County Government Center Planned Community Development by Ordinance 18,1995; WHEREAS, the City has received a petition to amend Ordinance 18, 1995, to increase the allowable building square footage for the North County Courthouse Building in parcel one (1) and to increase the overall size of parcels five (5) and six (6); WHEREAS, the City's Planning and Zoning staff has reviewed the petition and determined that it is sufficient; and WHEREAS, the proposed amendment is consistent With the City's Comprehensive Plan. NOW, THEREFORE, BE IT REBOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1 Condition 10 of Section 2 of Ordinance 18, 1995, which approved the North County Government Center Planned Community Development, is hereby amended, and new Conditions 12, 13 and 14 are hereby added to Section 2 of Ordinance 18, 1995, as follows (added text mderlined; deleted text ~Lixk): 10. The provision for water quality treatment of the runoff from the existing parking lot serving the North County Courthouse shall be accomplished by exfiltration trench and dry retention, 12. The following traffic related conditions shall be completed prior to issuance of a Certificate of Occupancy: PGA BoulevardCampus Drive a. Extend the eastbound tight turn lane storage length to 470 feet, b. Construct a separate northbound right turn lane with 340 feet of storage. RCA Boulevard/Campis Drive a. Extend the southbound right turn lane storage length to 280 feet. b. Extend the southbound left turn lane storage length to 280 feet. c. Extend the westbound ,right turn lane storage length to 280 feet. d. Extend the eastbound left turn lane storage length to 280 feet. 13. Prior to the issuance of the first Building Permit. the petitioner shall apply for and obtain a Standard District Permit from the Northern Palm Beach County Improvement District. 14. Prior to the issuance of the first Building Permit, the petitioner shall provide evidence. in a form satisfactory to the City Engineer. that the right-of-way for the required northbound right turn lane. with sufficient stacking distance, at the Campus Drive and PGA Boulevard intersection has been obtained. Section 2& Plan #1 of Section 4 of Ordinance 18, 1995, is hereby amended, and new Plan # 8 is hereby added to Section 4 of Ordinance 18, 1995, as follows (added text underlined; deleted text :*Lick): 1. November 17. 1997 PCD Master Plan and Phasing Plan. Schwabb. Twitty and Hanser Architectural Group. sheets msl-ms2 August 31, 1335, Mastcr Sitc Plan by Palm Dcach County Facilitics Planning, Dcsign and Construction Capital Improvcmcnts Division, 1 Shcct. 8. Associates. Sheets C-4 through (2-14 October 24. 1997 Construction Plans for Campus Drive Improvements. Keshavarz and This Resolution shall be effective upon adoption. PLACED ON FIRST READWG THIS Z&F %C&w ,1997. GTHIS V&F ,d,&!u .1997. DAY OF DECEMJ3ER 1997. c-- -_ -_ __.. --- --.-.L + ' CObNd WO~y LINDA MONROE '. VICE MAYOR LAUREN FURTADO COUNCILMAN DAVID CLARK ATTEST: LINDA V. KOSIER,CMC,CITY CLERK SUFFICIENCY. APPROVED AS TO LEGAL FORM AND VOTE: AYE NAY ABSENT L/ MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE J 7- COUNCILMAN JABLIN --- COUNCILMAN CLARK --I - --- - cl --- - - \eat G:\SHORTR- l\PCD9602.OR CITY OF PALM B€ACH GARDENS toso0 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 35410-4698 December 8, 1997 Ms. Audrey Wolfe PBC Facilities Planning, Design & Co. 3323 Belvedere Road, Building #503 West Palm Beach, Florida 33406 Dear Ms. Wolfe: Enclosed is a copy of Ordinance 54, 1997, providing for an amendment of Section 2 and 4 of Ordinance 18, 1995, in order to allow an increase in the square footage of the North County Courthouse Building and to allow an increase in overall size of two parcels of land within the North County Government Center PCD. Ordinance 54, 1997 was adopted and approved by the City Council at the Regular Meeting on December 4, 1997. S incereiy, Cindy Harvey Deputy City Clerk Enclosure: As Stated THE PALM BEACH POST Published Daily and Sunday West Palm Beach. Palm Beach County. Florida I PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Chris Bull who on oath says that she IS Classified Advertising Manager of The Palm Beach Post, a daily and Sunday newspaper published at West Palm Beach in Palm Beach County, Florida, that the attached copy of advertismg. being a Notice in the matter of Public Hearing Ordinance 54, 1997 in the - - - Court, was published m said newspaper in the issues of November 19, 1997. Affiant Mer says that the said The Post IS t newspaper publ~shed at West Palm Beach, 111 said Palm Beach County, Florida, and that t the said newspaper has heretofore been contmously publlshed in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said PaIm Beach County, Florida. for a period of one year next preceding the first publication of the attached copy of advertisement. and affiant further says that shehe has neither paid nor promEed any person, fm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper .r Sworn to and subscribed before me this 19 day of Ngvember A.D. 1997 *\ ’ ,’ Personally known XX or Produced Identification Type of ldentificatwn Produced v, -I A C 2 z I- rn 0 rn rn ;o z z I , I ? , v 0 I1 ' 'L NORTH COUNTY GOVERNMENT CENTER # PALM BEACH COUNTY FACILITIES DEVELOPMENT & OPERATIONS CAPITAL IMPROVEMENTS DIVISION west palm beach, florida (561) 233-0200 U 0 Z G) m z m z D z 0 -I m ln z 0 I I I I 1 I I I I I _. I 0 D < m- z C I" I L -1- -- I 80' MCHAEL B. SCHORAH & ASSOCIATES, INC. EBW 2438 ENGINEERS . DEVELOPMENT CONSULTANTS PLANNERS TEL (561) 9m-0080 FAX (561) 642-9726 18y) FO- HILL BLVD.. FWEOESlCI ROT". JR P E , t , I I I I I v) r 0 D m D m 0 4 0 z n - - z r -i -. -. D m D " m D D 0 0 v) 0 D P < m I m m m m z 4 r < D 4 0 h IZI LFll m x VI - i 5 0 D < m 4 r < m m a n -r D c 0 z z 0 5 n m I 0 0 0 z I P D 0 I 0 P e D n v) + D P z m m 2 C r P -. 0 z D c D z 0 v) 4 - m n 4 4 C 4 0 z 1 I t I 1 I . m (2. , -I 4 -0 m 0 C ;o m T H I '- 4 0 P rn r 1 m kI m . UN - 4 ENGINEERS DEVELOPMENT CONSULTANTS PLANNERS ORTH COUNTY REGIONAL LIBRARY EL (561) 968-WBO ULSO FOREST HILL BLVD.. FAX. (561) 842-9726 WEST PALM BEACK FLORIDA 33406 -. 1 :< -i < P z m i I 0 73 D A Z 0 5 - 2 m --I 0 m .-I :D c- rr r -I 4 0 m -6 0 0 c 5 WJ --I m A m z 0 0 cn c z m '1 7J 0 Z --I m m e 2D 2-l "0 Z r r -- 8: ge 1 flu. $0 \ \\ A 0 c A W D z 0 A ID gz fW 0 m -I m 0 --I D W r m s D A z z G) z n W m ii m ;D > 0 ii m m e D -i H- :o E2 r E ii m XI D 0 ii m m < D --I I- -0 I2 r MICHAEL B. SCHORAH &AssocIATEs,INc. E06 2438 -.I -0 RTH COUNTY REGIONAL LIBRARY PAVING AND DRAINAGE DETAILS ~ ~~ ENGINEERS + DEVELOPMENT CONSULTANTS I PLANNERS EL (561) 968-0080 FU. (561) 6&2-9726 ISSO FOREST HILL BLVD.. I WEST P- BWCIL FLORIDA 23406 I 1 \ / -1 r - SITE PLAN APPROVAL .. , . i-i SO1'?5'51 "W 396 4?' D a 0 ma 0 D < :: 2- m 2; 5 ;m c3 a CAMPUS Dl ~ r: PROPLRITY FARMS ROAD ' n !ai z i & IL , /, / I I n I c 2 P I c3 A I i , I I ! . 'i \ 9 ;1 W /I '1 1 L I I . . -7 r- --I----- --- I\ \ \ ’1 P in E l i . I W 0 8 W 2 iL 1 0 SITE PLAN APPROVAL I ,, +', ' 1 I I I 8 I' /a1 I11 I il 1 i'l'l I 1 t-J I E /E ' i, I It I *I (I b I I I I i i I -1 - , 0 _. _. 32 mm cc 00 .............I..,..............@.............. n No& County Government Center A I I I f I I IJ I ... I' NOM County Government Center . . . . . . . . . . . . 0,. e. . . . . a . . . . . 0,. .a . . . . . . . a . e a 0,. . I i J! I .I ' '. I tl: I P rdl rr: .4. I a k SITE PLAN APPROVAL r- Is E ..-- I I L 9' I SITE PLAN APPROVAL I I a..........................,................. 1 SITE PLAN APPROVAL o............................................ c '. ., Y 4 Z' NORTH COUNTY GOVERNMENT CENTER APPLICATION FOR PCD AMENDMENT STATEMENT OF JUSTIFICATION 1) Explain the nature of the request. On behalf of Palm Beach County, the Palm Beach County Facilities Development & Operations (FD&O) Department is seeking development approvals from the City of Palm Beach Gardens to allow for amendments to the North County Government Center Planned Community Development (PCD). These amendments are necessitated principally by a proposed expansion to the North County Regional Library. The specific development approvals that are concurrently being pursued by Palm Beach County are as follows: 0 Amendment to the North County Government Center PCD and Master Plan, including the removal of land and reduction of overall acreage; reconfiguration of the PCD Master Plan; and other various modifications that are addressed in further detail below; and, Amendment to the North County Regional Library Site Plan to increase land area and add building square footage to allow for the construction of a 14,612 square foot expansion, including a waiver of the City’s parking regulations to allow more than 10% of the required parking for the library. 0 As indicated above, the County is requesting concurrent processing of these development applications. A separate agreement, as required by the City of Palm Beach Gardens, is being submitted to facilitate this administrative procedure. The prevailing Master Plan for the North County Government Center PCD was approved by the City Council on December 4, 1997 (Ordinance 54, 1997). The PCD is currently approved as a 33.698 acre campus with six (6) separate parcels located at the southwest corner of PGA Boulevard and Campus Drive. The PCD currently supports the 103,637 square foot North County Government Center, which houses the North County Courthouse and County administrative offices, and the 24,920 square foot North County Regional Library. Additional parcels within the PCD are currently approved for use as a licensing bureau and training facility for the State of Florida Department of Motor Vehicles (DMV), two (2) passive parks, and an environmental preserve. This application proposes several amendments to the PCD and prevailing Master Plan, which are generally described as follows: Expansion of the Regional Library parcel from the existing 4.06 acres to 6.6 acres, for an increase of 2.54 acres; North County Government Center PCD Amendment Page 1 of 6 The addition of the eastlwest and northhouth linkage roads through the North County Government Center campus, as required by the City’s Comprehensive Plan; Relocation of the Environmental Preserve parcel to the west side of the northhouth linkage road , including a .566 acre expansion of the environmental preserve acreage within the PCD from 5.442 acres to 6.08 acres; Elimination of the existing 6.958-acre DMV parcel fronting PGA Boulevard from the limits of the PCD, resulting in a total PCD area of 27.694 acres; Reconfiguration of parcel boundaries within the PCD; Elimination of two (2) passive parks from within the PCD; and, Designation of a 2.802-acre parcel for future development. The requested amendments to the PCD and Master Plan result primarily from the specific development plan for the library expansion. To accommodate the library expansion and associated improvements, the library parcel must also be expanded in area to support additional parking, stormwater management, and other site elements required by the City of Palm Beach Gardens. As a result of this parcel expansion, other parcels within the PCD must also be reconfigured to maintain separate and distinct parcel boundaries. Furthermore, since approval of the Master Plan in 1997, several changed conditions and circumstances have arisen that require the original design and balance of uses within the PCD to be revisited. Instances of these changed conditions and circumstance include the adoption of the Linkages Plan by the City; change in Palm Beach County’s development plans and projections for the passive parks; and unproductive negotiations and distanced relations between Palm Beach County FD&O and the DMV. By eliminating the DMV parcel, the PCD boundary will coincide with the County’s property ownership interest; thus affording both the County and DMV the ability to better manage any future development upon their separate properties. Palm Beach County FD&O reasonably anticipates that this arrangement would better serve redevelopment interests and objectives for the existing DMV parcel should such an opportunity arise. 2) What will be the impact of the proposed change on the surrounding area? Palm Beach County FD&O anticipates that the proposed change and development program will have no adverse affects on the surrounding areas. The subject site and existing buildings compliment and harmoniously coexist with the surrounding mix of commercial, residential and civic uses. The expansion of the existing library will enhance library services for the regional population and improve convenience to government services for the citizens residing in the northern Palm Beach County area. The proposed PCD and Master Plan amendments will bring the Master Plan into conformance with the County’s goals for future development of the campus while at the same time maintaining compatibility with the surrounding area and consistency with the prevailing pattern of development in the vicinity of the subject site. North County Government Center PCD Amendment Page 2 of 6 3) Describe how the request complies with the City’s vision Plan and the following elements of the City’s Comprehensive Plan - Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open Space, Intergovernmental Coordination and Capital Improvement. Future Land Use: The North County Government Center is designated on the City’s Future Land Use Map as “P”, Public. This designation allows for government uses, including those identified on the proposed PCD Master Plan. The development intensities proposed are consistent with the allowances of the Public FLU designation. The amended Master Plan for the North County Government Center campus conforms to all of the limitations and locational criteria established by the Comprehensive Plan for “Public Institutional” land uses, including setbacks, buffering, adequate parking, and onsite traffic circulation. Transportation: The traffic associated with the proposed library expansion was analyzed by the City with the original development plan submitted in 1992, and again in 1995 upon approval of the first Master Plan for the North County Government Center PCD. The proposed library expansion is considered “vested” for traffic concurrency purposes by virtue of completion of the first phase of development and inclusion of a 40,000 square foot library on Palm Beach County’s list of exempt municipal projects. Documentation to support this conclusion is being submitted as part of the current applications. Vehicular circulation through and in the vicinity of the site will be enhanced by the proposed linkage roads that will serve as secondary routes to PGA Boulevard, Fairchild Avenue and Campus Drive. Non-vehicular circulation will be maintained along all adjacent roadways and at strategic locations within the PCD. Housing: There is no impact on housing associated with this non-residential application. Infrastructure: Water: Seacoast Utility Authority supplies the subject site and surrounding area with potable water. As confirmed by Seacoast Utility Authority in its letter dated September 11, 2007 (a copy of which is included with this application), there is adequate capacity available to meet the demands of this project. Sewer: Seacoast Utility Authority supplies the subject site and surrounding area with sanitary sewer service. As confirmed by Seacoast Utility Authority in its letter dated September 1 1 , 2007 (a copy of which is included with this application), there is adequate capacity available to meet the demands of this project. Drainage: The site is located within the jurisdictional boundaries of the Northern Palm Beach County Improvement District, and is subject to the permit requirements of the North County Government Center PCD Amendment Page 3 of 6 Improvement District and the South Florida Water Management District. The only impact on drainage associated with this project is the expansion of the parking area for the library, which involves the addition of approximately one and one-half acre of impervious area. This impact will be fully mitigated by the installation of retention, pipes and inlets, which will connect to the existing library drainage system. Solid Waste Disposal; The Solid Waste Authority of Palm Bach County provides disposal on a countywide basis. As confirmed by the Solid Waste Authority in its letter dated January 17, 2007 (a copy of which is included in this application), adequate capacity exists at the Authority’s facilities through the year 202 1. Coastal Management: The subject site is not located within the coastal area. Conservation: A significant portion of the North County Government Center campus has been developed or otherwise established for development purposes. As a result of the proposed changes to the PCD and Master Plan, all of the contiguous area located to the west of the proposed north/south linkage road will be designated as an environmental preserve parcel. This area comprises approximately 6.08 acres and supports a variety of soils, vegetation and wildlife. In comparison to the preserve area indicated on the prevailing Master Plan, the proposed environmental preserve area represents an increase of more than one-half acre. As part of the planning effort for this application and the proposed campus layout, Cotleur & Hearing, Inc. performed a comprehensive investigation of the site’s environmental conditions. A report summarizing the findings of this assessment is being submitted as part of this application. Based upon the investigation, Cotleur & Hearing, Inc. has confirmed that naturally occurring vegetation on the undeveloped portion of the campus consists of good quality, mature pine flatwoods. Existing native vegetation within previously disturbed areas of the site is interspersed with exotics, including stands of Melaleuca. The report concludes that the proposed preserve area will serve as a suitable habitat for any impacted gopher tortoise populations that might exist on those areas of the property being proposed for development. To the extent permitted by Florida Fish and Wildlife Conservation Commission (FFWCC) regulations and other authority, enhancement of the proposed 6.08 environmental preserve parcel will be phased to coincide with the forthcoming library expansion and future construction activity elsewhere within the PCD. Recreation and Open Space: The proposed changes have no adverse impact on any existing or planned City parks or recreation facilities. Removal of the passive parks indicated on the prevailing Master Plan will have no impact on the ability of either Palm Beach County or the City of Palm Beach Gardens to serve residents of northern Palm Beach County with parks facilities or otherwise provide adequate levels of service associated with recreation opportunities. Furthermore, the North County Government Center PCD Amendment Page 4 of 6 proposed changes will continue to satisfy all applicable City requirements for open space within the limits of the PCD. Intergovernmental Coordination: The site that is the subject of this application has been owned and managed by Palm Beach County since the early 1970’s. The intent to improve and utilize the site as a government complex to serve northern Palm Beach County remains unchanged. In recognition of this status and objective, the City designated the property as “P”/Public on the Future Land Use Map. The current request remains entirely consistent with the Public Future Land Use designation and ability to provide government service. Capital Improvements: All infrastructure improvements required to support the proposed library expansion and future facilities will be funded and constructed by Palm Beach County. The proposed library expansion will have no adverse impact on the City’s Capital Improvements Program since no additional City facilities or infrastructure will be required to support this development. 4) How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? Although a significant portion of the subject 27.694 acres has been developed, significant open space has been preserved within the existing development footprint of the North County Government Center campus. This same approach has been taken to development the proposed Master Plan, which is evidenced by the 6.08-acre preservation parcel and overall increase in preservation acreage. Considerable care has been taken during the planning stage of the associated library expansion to ensure that the project will meet the open space requirements of the City’s Land Development Regulations. The open space exhibit included with that application (Sheet A-1.02) confirms that a minimum of 3.03 acres, or nearly 46 % of the total area of the expanded library parcel, will be maintained as open space. The open space calculated for the required Landscape Points is 1.98 acres, or 30% of the total site area. As indicated on the site plan submitted with the accompanying site plan application, the western 8’ of the library parcel is intended to serve as a required landscape buffer. The existing native vegetation in this area - a mix of mature slash pine, sabal palms and saw palmetto - will remain and ultimately be combined with the landscape buffer proposed for the east side of the adjacent parcel being designated for future development. The few exotic species that exist in this general area of the expanded library parcel are located primarily at the edges of the parcel and will be removed in conjunction with site development activity. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? North County Government Center PCD Amendment Page 5 of 6 Palm Beach County will comply with the City’s requirements for Art in Public Places by commissioning art work for this project and managing the installation of same in lieu of payment. 6. Has the project received concurrency certification? Date Received: Concurrency was approved for a 40,000 square foot library as part of the initial development order granted by the City in 1992 (Ordinance 13, 1992). The proposed expansion will not exceed this threshold, and no other development activity within the North County Government Center PCD has replied upon this reservation of capacity for the library expansion. No development aside from the library expansion or additional concurrency certification is proposed at the present time. At such time as a formal development program is proposed for the 2.802-acre future development parcel, Palm Beach County acknowledges that concurrency certification for such development will be required. Summary and Conclusion On behalf of Palm Beach County, Palm Beach County’s Facilities Development & Operations (FD&O) Department respectfully requests favorable consideration and approval of this application for an amendment to the North County Government Center PCD and Master Plan. The project team eagerly anticipates this opportunity to work with the City of Palm Beach Gardens to achieve a viable and practical Master Plan to accommodate the expansion of the North County Regional Library and address the remaining areas of the North County Government Center PCD campus. Representatives at Palm Beach County Facilities Development and Operations are Melanie Borkowski (Agent) and Bill DeBeck (Project Manager). The Project Manger at Anna S. Cottrell & Associates, Inc. is Anna Cottrell. North County Government Center PCD Amendment Page 6 of 6 NORTH COUNTY REGIONAL LIBRARY EXPANSION APPLICATION FOR SITE PLAN AMENDMENT STATEMENT OF JUSTIFICATION 1) Explain the nature of the request. On behalf of Palm Beach County, the Palm Beach County Facilities Development & Operations (FD&O) Department is seeking development approvals from the City of Palm Beach Gardens to allow for the expansion of the existing North County Regional Library, This application for site plan approval will result in an amendment to the site plan approved by the City on May 7, 1992, via Ordinance 13, 1992. Details present upon this approved site plan and the prevailing PCD Master Plan clearly indicate that the library expansion has always been contemplated and forthcoming. This application is being made by Palm Beach County FD&O concurrent with an application to amend the North County Government Center PCD and Master Plan. The PCD Master Plan was originally approved by the City on October 5, 1995 (Ordinance 18, 1995), and was later amended on December 4, 1997 (Ordinance 54, 1997). Approval of the concurrent PCD and Master Plan amendments are necessary to accommodate the proposed site plan for the library expansion. A separate agreement, as required by the City of Palm Beach Gardens, is being submitted to facilitate the concurrent processing of these pending applications. The North County Regional Library current exists as a 24,920 square foot building, The proposed expansion will introduce 14,6 12 additional square feet of interior space, resulting in a library building of 39,532 total square feet. The overall library parcel is being expanded from 4.06 acres to 6.6 acres in order to accommodate the building expansion and associated improvements, for an increase of 2.54 acres. As detailed on the accompanying site plan that has been submitted with this application, the 39,532 square foot library will be supported by 270 total parking spaces, which represents an addition of 138 parking spaces to the library’s existing surface parking area. A stormwater retention area, landscape areas and other associated improvements are also proposed as part of the building expansion and site plan amendment. Since the 270 total parking spaces will exceed the librwy’s required parking (132 spaces, or one space / 300 square feet of library &ea) by more than lo%, a parking waiver is requested with this application as required and authorized by Section 78-345(d)(3) of the City’s Land Development Regulations. The accompanying site plan and exhibit (Sheet A- 102) demonstrate that additional open space is being provided at a ratio not less than 1.5 square feet per additional foot of paved surface, as required by City regulations, to address the surplus parking. It should be noted that Palm Beach County FD&O provides parking at a rate of 1 space per 150 square feet of gross floor area as a standard practice for all libraries on a County-wide basis. Whereas the City’s standard parking rate of 1 space per 300 square North County Regional Library Expansion Site Plan Amendment Page 1 of 6 feet applies to all government uses alike, Palm Beach County FD&O’s experience with a vast array of government uses and facilities has led to discovery that libraries often require a greater proportion of parking than do many other government uses. Possible explanations include longer duration of visitation by library patrons than patrons to many other government uses and facilities; infrequent vehicle turnover within surface parking areas that support library facilities; and organized public events and functions at library facilities, amongst other possible scenarios and site-specific demands. For all of the foregoing, Palm Beach County FD&O considers the waiver request to be appropriate, rational, and responsible; based upon sound planning principals; grounded by repeat experience for similarly suited and situated facilities; and a reflection of the broad use classification system employed by the City of Palm Beach Gardens to regulate the provision of parking. 2) What will be the impact of the proposed change on the surrounding area? Palm Beach County FD&O anticipates that the proposed change and library expansion will have no adverse affects on the surrounding area. The building expansion will enhance library services for the regional population and improve convenience to government services for the citizens residing in the northern Palm Beach County area. The existing library building and proposed expansion are compatible with the surrounding area and compliment the mix of residential, commercial and civic uses that exist adjacent to and in the vicinity of the library parcel and North County Government Center PCD. Care has been taken to maintain architectural consistency between the existing library building and 14,6 12 square foot expansion in order to minimize the potential for adverse visual impact. The site incorporat‘es significant open space areas as required by City regulations and will be finished with substantial landscape treatment in order to uphold high aesthetic quality. 3) Describe how the request complies with the City’s vision Plan and the following elements of the City’s Comprehensive Plan - Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open Space, Intergovernmental Coordination and Capital Improvement. Future Land Use: The subject site and entire North County Government Center campus is designated on the City’s Future Land Use Map as “P”, Public. This designation allows for government uses, including libraries. The development intensity of the existing library and proposed expansion are entirely consistent with the allowances of the Public FLU designation. The proposed library site plan conforms to all of the limitations and locational criteria established by the Comprehensive Plan for Public land uses, including setbacks, buffering, adequate parking, onsite traffic circulation, and all other aspects. Transportation: The traffic associated with the proposed library expansion was analyzed by the City with the original development plan submitted for the library in 1992, and again in 1995 upon approval North County Regional Library Expansion Site Plan Amendment Page 2 of 6 of the first Master Plan for the North County Government Center PCD. The proposed library expansion is considered “vested” for traffic concurrency purposes by virtue of completion of the first phase of development and inclusion of a 40,000 square foot library on Palm Beach County’s list of exempt municipal projects. Documentation to support this conclusion is being submitted as part of this application. Non-vehicular circulation will be maintained both along the adjacent roadways and within the limits of the subject site. Housing: There is no impact on housing associated with this non-residential application. Infrastructure: Water: Seacoast Utility Authority supplies the site with potable water. As confirmed by Seacoast Utility Authority in its letter dated September 11, 2007, (a copy of which is included in this application), there is adequate capacity available to meet the demands of this project. Sewer: Seacoast Utility Authority supplies the site with sanitary sewer service. As confirmed by Seacoast Utility Authority in its letter dated September 11, 2007 (a copy of which is included with this application), there is adequate capacity available to meet the demands of this project. Drainage: The site is located within the jurisdictional boundaries of the Northern Palm Beach County Improvement District, and is subject to the permit requirements of the Improvement District and the South Florida Water Management District. The only impact on drainage associated with this application is the expansion of the library parking area, which involves the addition of approximately one and one-half acre of impervious area. This impact will be hlly mitigated by the installation of retention, pipes and inlets, which will connect to the existing library drainage system. Solid Waste Disposal; The Solid Waste Authority of Palm Bach County provides disposal on a countywide basis. As confirmed by the Solid Waste Authority in its letter dated January 17, 2007 (a copy of which is included in this application), adequate capacity exists at the Authority’s facilities through the year 202 1. Coastal Management: The subject site is not within the coastal area. Conservation: The additional parking and other improvements needed to support the library and forthcoming expansion requires that the boundaries of the library parcel be enlarged. For this reason, the environmental preserve designated adjacent to the library parcel on the prevailing Master Plan will be relocated to the western limits of the PCD and west of a proposed north/south linkage road. This area comprises approximately 6.08 contiguous acres (nearly North County Regional Library Expansion Site Plan Amendment Page 3 of 6 22% of the entire 27.694-acre North County Government Center PCD) and supports a variety of soils, vegetation and wildlife. In comparison to the 5.44-acre preserve area indicated on the prevailing Master Plan, the proposed 6.08-acre environmental preserve area represents an increase of more than one-half acre. As part of the planning effort for this application and the proposed campus layout, Cotleur & Hearing, Inc. performed a comprehensive investigation of the site’s environmental conditions. A report summarizing the findings of this assessment is being submitted as part of this application. Based upon the investigation, Cotleur & Hearing, Inc. has confirmed that naturally occurring vegetation on the undeveloped portion of the campus consists of good quality, mature pine flatwoods. Existing native vegetation within previously disturbed areas of the site is interspersed with exotics, including stands of Melaleuca. The report concludes that the proposed preserve area will serve as a suitable habitat for any impacted gopher tortoise populations that might exist on those areas of the property being proposed for development. To the extent permitted by Florida Fish and Wildlife Conservation Commission (FFWCC) regulations and other authority, enhancement of the proposed 6.08 environmental preserve parcel will be phased to coincide with the forthcoming library expansion and future construction activity elsewhere within the PCD. Designation of the 6.08 acre preserve area on the proposed Master Plan for the North County Government Center PCD meets the intent of the City’s Comprehensive Plan for preservation and protection of native habitats and the provision of open space for this purpose. Accordingly, Palm Beach County FD&O anticipates that there are no adverse environmental impacts associated with the proposed library expansion and PCD development program. The library parcel design incorporates significant areas of open space, as identified on the open space exhibit included within the application package (Sheet A-102.). The existing native vegetation within the 8’ landscape buffer identified along the western limits of the parcel will remain and ultimately be combined with the landscape buffer proposed for the east side of the adjacent parcel being designated for future development. The few exotic species that exist in this general area of the expanded library parcel are located primarily at the edges of the parcel and will be removed in conjunction with site development activity. Recreation and Open space: This application will have no adverse impact on any existing or planned City park or other recreation facilities. The proposed site plan amendments will continue to satisfy all applicable City requirements for open space within the limits of the subject site. Intergovernmental Coordination: The subject site has been owned and managed by Palm Beach County since the early 1970’s. The intent to utilize and improve the site as a regional library to serve northern Palm Beach County remains unchanged. In recognition of this status and objective, the City designated the property as “P”/Public on the Future Land Use Map and approved a Master Plan for North County Regional Library Expansion Site Plan Amendment Page 4 of 6 development that would allow a campus for County government related uses. The current request remains entirely consistent with the Public Future Land Use designation and furthers the ability to provide government service. Approval of this application would be entirely consistent with the intent and identified purpose of previous approvals for the North County Government Center and is necessary to allow for the construction of the second phase of the North County Regional Library. Capital Improvements: All infrastructure improvements required to support the proposed library expansion will be funded and constructed by Palm Beach County. The proposed library expansion will have no adverse impact on the City’s Capital Improvements Program since no additional City facilities or infrastructure will be required to support this development. 4) How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? The proposed library expansion was previously approved as a second phase of development for this facility. Notwithstanding this scope of work and other minor modifications to the existing library building and related site improvements, the only new development proposed by this application is the expansion of the parking area needed to support the library expansion. Significant open space has been preserved within the development footprint of the existing and proposed the library parcel and throughout the North County Government Center campus. Care has been taken during the planning stages of the library expansion to ensure that the project will meet the open space requirements of the City’s Land Development Regulations. The open space exhibit included with that application (Sheet A- 1.02) confirms that a minimum of 3.03 acres, or nearly 46 % of the total area of the expanded library parcel, will be maintained as open space. The open space calculated for the required Landscape Points is 1.98 acres, or 30% of the total site area. As indicated on the site plan submitted with this application, the western 8’ of the proposed library parcel is intended to serve as a required landscape buffer. The existing native vegetation in this area - a mix of mature slash pine, sabal palms and saw palmetto - will remain and ultimately be combined with the landscape buffer proposed for the east side of the adjacent parcel being designated for future development. The few exotic species that exist in this general area of the expanded library parcel are located primarily at the edges of the parcel and will be removed in conjunction with site development activity. 5) How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? North County Regional Library Expansion Site Plan Amendment Page 5 of 6 Palm Beach County will comply with the City’s requirements for Art in Public Places by commissioning art work for this project and managing the installation of same in lieu of payment. 6) Has the project received concurrency certification? Date Received: Concurrency was approved for a 40,000 square foot library as part of the initial development order granted by the City in 1992 (Ordinance 13, 1992) and as reinforced upon subsequent Master Plans approved for the North County Government Center PCD. The proposed expansion will not exceed this threshold, and no other development activity within the North County Government Center PCD has replied upon this reservation of capacity for the library expansion. Summary and Conclusion On behalf of Palm Beach County, Palm Beach County’s Facilities Development & Operations (FD&O) Department respectfully requests favorable consideration and approval of this application for a Site Plan Amendment and waiver to accommodate the expansion of the North County Regional Library. The project team eagerly anticipates this opportunity to work with the City of Palm Beach Gardens to realize this objective and achieve a viable and practical Master Plan to address the remaining areas of the North County Government Center PCD campus. Representatives at Palm Beach County Facilities Development and Operations are Melanie Borkowski (Agent) and Bill DeBeck (Project Manager). The Project Manger at Anna S. Cottrell & Associates, Inc. is Anna Cottrell. North County Regional Library Expansion Site Plan Amendment Page 6 of 6 January 10,2008 Denise M. Nieman County Attorney P.O. Box 1989 West Palm Beach, FL 33402-1989 (561) 355-2225 Suncom: (561) 273-2225 FAX: (561) 355-4398 www. pbcgov.com Palm Beach County Board of County Commissioners Addie L. Greene. Chairperson Jeff Koons, Vice Chair Karen T. Marcus Robert J. Kanjian Mary McCarty Burt Aaronson Jess R. Santarnaria County Administrator Robert Weisrnan -An Epai Oppotuni~ Aflmahbe Achon Empioym- ” @ plintd on rn@d paper via electronic and US Mail ’ Ms. Allyson Maiwurm Project Manager City of Palm Beach Gardzns 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: North County Government Center PCD SPLA-07-10-08 and PCDA-07-09-05 Dear Ms. Maiwurm: This will serve as written follow up to our conversation this afternoon. For the purposes of traffic concurrency regulations, the above referenced project is complete and fully vested for the total square footage approved. Palm Beach Gardens approved the North County Government Center PCD Master Plan (Ordinance 54, 1997) for the following development: a 103,637 square foot courthouse and administration building, a 40,000 square foot library, and a 3,100 square foot Department of Motor Vehicles Facility. Of the total 146,737 square feet approved, all but 15,080 square feet of library for its expansion, and the relocation of the existing 3,100 square foot DMV facility remain to be built. According to these figures, 87.6 percent of the total building area has been cE?ztrnctec!. According to the County’s Traffic Performance Standards regulations, the project buildout date sets the anticipated time of completion of the proposed project included in a traffic impact study. In all other respects, however, a project is deemed complete once it is 80 percent built. The definition of “Buildout Period” provides in pertinent part: “In the case of a non-residential project, the final CO [certificate of occupancy] for interior tenant improvements for 80 percent of the gross leasable area shall be the completion of the proposed project for purposes of this Article.’‘ Palm Beach County Unified Land Development Code, section 1.1.2.B.68. Ms. Allyson Maiwunn January 10,2008 Page 2 Because this project is considered complete for purposes of the County’s Traffic Performance Standards regulations, it does not require additional traffic concurrency review or approvals. Please feel free to contact me with any additional concerns or questions. Sincerely, /tLlCca Leonard Berger ~ Assistant LB/jg cc: Allan Ennis, Assistant Director, Traffic Engineering, Engineering & Public Works Melanie Borkowski, Manager, Facilities Compliance, Facilities Development & Operations Eric McClellan, Senior Site Planner, Facilities Development & Operations G:\WPDATA\LANDUSE\LBERGER\TPS\north county library expansion.doc October 25,2007 Department of Engineering and Public Works P.O. Box 21229 West Palm Beach, FL 33416-1 229 (561) 684-4000 www.pbcgov.com palm Beach County Bod of County Commissioners Addie L. Greene. Chairperson Jeff Koons. Vice Chair Karen T. Marcus Robert J. Kanjian Mary McCany Burt Aaronson Jess R. Santarnaria County Mminirtxator Robert Weisman 'An €Waf OpPorNnip Aflmahke Achbn Employer' )an Clark, P.E. :ity Engineer :ity of Palm Beach Gardens 0500 North Military Trail 'alm Beach Gardens, FL 334 10 UE: North County Governmental Center Development Order Amendment and Library Expansion >ear Mr. Clark: was requested by Anna Cottrell, Agent for the above mentioned ievelopment, to notify you of the traffic concurrency status of this project. The attached letter from Dan Weisberg (Palm Beach County Traffic 3ivision) to Rich Walton (City of Palm Beach Gardens Planning and Zoning Department) dated November 15, 1996 originally approved this project for traffic concurrency. Although this letter had noted a 1999 year buildout for this project, this would have needed to be a condition of the City's development order to be enforceable according to our Assistant County Attorney Lenny Berger. If there is no such condition, there is no expiration date for the traffic concurrency and the approval is still valid. Please do not hesitate to contact me if you should have any questions regarding this matter. Sincerely, ,&J& Allan A. Ennis, P.E., AICP Assistant Director Palm Beach County Traffic Division AEE:cp Attachment cc: Anna S. Cottrell, P.O. Box 19058, West Palm Beach, FL 33416 File: General - North County Governmental Center N:\TRAFFICLna\AdminV\pprovalsU007\07 I 025R.doc Department of Enpheerhg and Public Wrka P.O. Box 21 229 west Palm Beach. FL 33416-1229 (561) 684-4000 Palm Btach County ~mmlrsloncn kn L. Foster. Chairman Burt Aaronson. Vice Chairman Karen T. Marcus Carol A. Roberts Warren H. Newell Miry MCCuty Maude Ford Lee Board of county County hdmlnlmL.r Roben Wisman. P.E. ‘An Equal Oppomudrp -live Action Impbya’ November 15, 1996 Mr. Rich Walton Planning and Zoning Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410-4698 RE: NORTH COUNTY GOVERNMENT CENTER Dear Mr. Walton: The Palm Beach County Traffic Division has reviewed the revised traffic impact study for the project entitled Mh Countv Governrn ent Cente r, pursuant to the Traffic Performance Standards in Section 15 of the Palm Beach County Land levelopment Code. The proposed project will expand the existing 31,637 quare foot courthouse complex to 105,000 square feet. This includes 30,000 quare feet for a museum. The project will also expand the existing 24,000 quare foot library to 40,000 square feet. The project will generate 7,931 new ips. This trip generation estimate is considered to be conservative because le courthouse complex rate was used for the museum, which is anticipated 3 generate less traffic. The build-out for the project is 1999. he MPO has performed the required Test 2 model run for the project. It has ,een determined that the project meets Test 2. The Traffic Division has letermined that the project meets the Traffic Performance Standards of Palm 3each County. If you have any questions, please contact me at 6844030. Sincerely, 3FFICE OF THE COUNlY ENGINEER Dan Weisberg, P.E. Senior Registered Civil Engineer cc. Kahart Pinder, Davis Plummer & Assoc. Yvonne Ziel, Yvonne Ziel Traffic Consultants Jim Barns, PBC Facilities File: New - TPS - Traffic Study Review MMCMAHON January 11,2008 Mr. Dan Clark, P.E. City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mc M A 14 0 N AS SOC IATES, I NC. 7741 N. Military Trail I Suite 5 I Palm Beach Gardens, FL 33410 www.mcm trans.com p 561 -840-8650 1 f 561 -840-8590 1’ It I N C 1 PA LS Joseph W. McMahon, P.E. Rodney P. Plourde, Ph.D., P.E. Joseph J. DeSantis, P.E., PTOE John 5. DePalma William T. Steffens ASS OC I AT ES Casey A. Moore, P.E. Gary R. McNaughton, P.E., PTOE John J. Mitchell, P.E. Christopher J. Williams, P.E. John F. Yacapsin, P.E. Thomas A. Hall RE: North County Regional Library Expansion McMahon Project No. M06344.33 Dear Mr. Clark: McMahon Associates, Inc. (McMahon) has prepared this Traffic Impact Study for the proposed expansion of the North County Regional Library located at 11303 Campus Drive in Palm Beach Gardens, Florida. It has direct access to Fairchild Avenue via a two-way driveway connection. The library will be expanded from its current size of 24,920 square feet to 39,532 square feet. The site has been issued a Palm Beach County traffic concurrency approval, but requires a concurrency approval from the City of Palm Beach Gardens. Therefore, this traffic study was prepared based on the City‘s requirement that all of roadways that are significantly impacted by this project must not exceed their adopted Level of Service (LOS). The analysis assumed a build out of 2013. Project Trip Generation The daily, AM peak hour and I’M peak hour trip generation for this project was calculated using the Institute of Transportation Engineers (ITE) trip generation rates that are accepted by Palm Beach County. Attachment 1 summarizes the proposed project’s impacts by comparing its current square footage of 24,920 to its proposed square footage of 39,532. The increase in square footage is projected to have an impact of 749 daily, 15 AM peak hour, and 98 PM peak hour net new trips. Roadway Capacity Analysis The number of vehicle trips generated by this project corresponds to a one (1) mile radius of influence. A distribution of project traffic on the surrounding roadway network was developed based on the land use of the property and the proximity to major roadways and residential areas. The resulting percent distribution of project traffic is shown in Attachment 2. The net new peak hour vehicle trips were assigned to the surrounding roadway network based on this distribution. A significance analysis was performed for the AM and PM peak hours in order to determine which roadways would have to be analyzed for LOS determination. Attachments 3 and 4 show the results of the significance analysis for the AM and PM peak hours, respectively. Fairchild Avenue and Campus Drive are significantly impacted in the PM peak hour. MA Boston PA Fort Washington I Exton I Mechanicsburg NJ Yardville I:L Palm Beach Gardens I Fort Lauderdale I Fort Myers I Miami Mr. Dan Clark, P.E. - North County Regional Library January 11,2008 Page 2 Fairchild Avenue and Campus Drive are City roadways and are required to operate at LOS D. Traffic Data was collected on both of these roadways by the Palm Beach Gardens Police Department on January 8, 2008. The traffic data is included as Attachment 5. This data was used to establish the 2008 traffic volumes for both roadways. A nominal annual compound growth rate of one (1) percent was applied to the 2008 traffic counts in order to project traffic volumes for 2013. The one percent growth rate was used because the majority of traffic volumes in the area have shown a reduction in the three (3) year growth rate calculation. Attachment 6 provides the summary table for the LOS analysis of both roadways and shows that neither will exceed their LOS as a result of the library expansion. Conclusion McMahon has reviewed the potential traffic impacts associated with the expansion of the North County Regional Library from 24,920 square feet to 39,532 square feet. The increase in square footage is projected to have an impact of 749 daily, 15 AM peak hour, and 98 PM peak hour net new trips. The project will not cause the significantly impacted roadways, Fairchild Avenue and Campus Drive, to exceed their adopted LOS of D. McMahon has determined that this development meets the City's traffic concurrency requirements and can be approved. Please contact me with any questions or concerns that you may have regarding this analysis. Sincerely yours, License No. 62400 State of Florida, Board of Professional Engineers Certificate of Authorization No. 4908 JPK Attachments Attachment 1 - Trip Generation Table Attachment 2 - Project Distribution Figure Attachment 3 - AM Peak Hour Significance Analysis Table Attachment 4 - I'M Peak Hour Significance Analysis Table Attachment 5 - Traffic Data Attachment 6 - Roadway Capacity Analysis Table F: \FL\06344M\06344M-33 - PBC Library Expansion\Admin\letter report 011108.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ORDINANCE 5,2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO THE REZONING OF THE NORTH COUNTY GOVERNMENT CENTER PLANNED COMMUNITY DEVELOPMENT (PCD) LOCATED AT THE SOUTHWEST CORNER OF PGA BOULEVARD AND CAMPUS DRIVE; AMENDING ORDINANCE 18,1995 AND ORDINANCE 54,1997 TO TRANSFER AND AMEND THE MASTER SITE PLAN APPROVAL AND RELATED CONDITIONS TO A DEPARTMENT OF MOTOR VEHICLES PARCEL FROM PCD TO PLANNED DEVELOPMENT AREA ,(PDA) WITH AN UNDERLYING ZONING DESIGNATION OF PUBLIC OR INSTITUTIONAL (PA); AND PROVIDING AN EFFECTIVE DATE. SEPARATE RESOLUTION; REZONING THE 6.99-ACRE WHEREAS, on May 7, 1992, the City Council adopted Ordinance 13, 1992, approving the site plan for a Planned Unit Development (PUD), including phase 1 of the North County Regional Library consisting of 24,000 square feet on an approximately 3.65-acre site, generally located on the northwest side of Campus Drive and Fairchild Avenue; and WHEREAS, on October 5, 1995, the City Council adopted Ordinance 18, 1995, approving the rezoning of a 33.7-acre site from Public / Institutional (PA), in part, Planned Unit Development (PUD), in part, and Planned Development Area (PDA), in part, to a Planned Community Development (PCD), to incorporate the North County Regional Library into a master site plan for a North County Government Center, which included six separate parcels that provided for the development of an 81,500 square foot North County Courthouse and Administrative Building, a 40,000 square foot regional library, a 5.73-acre passive park, a 5.3-acre environmental preserve, a 3,100 square foot Department of Motor Vehicles (DMV) Facility and Training Center, and an additional 2.775-acre passive park; and WHEREAS, on December 4, 1997, the City Council adopted Ordinance 53, 1997, to allow for a time extension of two years to complete the development of the North County Government Center Planned Community Development (PCD); and WHEREAS, on December 4, 1997, the City Council adopted Ordinance 54, 1997, providing for an increase in the square foot of the North County Courthouse and Administrative Building by approximately 32,000 square feet and an increase in overall size of two parcels within the Planned Community Development (PCD); and - Date Prepared: March 6, 2008 Date Prepared: March 6, 2008 Ordinance 5, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 WHEREAS, the City has received a request (PCDA-07-09-000005) from Melanie Borkowski, on behalf of Palm Beach County Facilities Development and Operations Department, for approval of an amendment to the North County Government Center Planned Community Development (PCD) to allow for an increase to the existing North County Regional Library parcel from 4.06 acres to 6.608 acres, provide the required linkage roads throughout the parcels, relocate the Environmental Preserve to the west side of the North-South Linkage Road and increase the total size from 5.3 acres to 6.002 acres, eliminate the 6.99-acre DMV parcel from the limits of the PCD, reconfigure the approved PCD parcels, eliminate two (2) passive parks and designate a 2.756-acre parcel for future development, thereby resulting in a total site area of 27.694 acres; and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is more appropriate that the master site plan approval and the conditions related thereto be transferred to a separate Resolution of the City Council (Resolution 26, 2008); and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, on February 12, 2008, the City's Planning, Zoning & Appeals Board reviewed said application and recommended that it be approved subject to the conditions stated herein with a vote of 6-1; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Section 1 of Ordinance 18, 1995 is amended to read: The City Council of Palm Beach Gardens, Florida, hereby approves the rezoning of 27.694 acres - of a 33.7-acre site from PA, Public / Institutional, in part, PUD, Planned Unit Development, in part, and PDA, Planned Development Area, in part, to PCQ, P'lawed Planned Communitv Development (PCD) on the propertv, more particularlv described as follows: wd, in .. 2 Date Prepared: March 6, 2008 Ordinance 5, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 LEGAL DESCRIPTION: A PORTION OF SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND LOT 1 OF THE PLAT OF NORTH COUNTY LIBRARY SITE, RECORDED IN PLAT BOOK 75 PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 6; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER AND THE CENTERLINE OF P.G.A. BOULEVARD, N88'45'08"W FOR 664.16 FEET, TO THE EAST LINE OF THE NORTHWEST QUARTER (N.W. 114) OF THE NORTHEAST QUARTER (N.E. 114) OF THE SOUTHEAST QUARTER (S.E. 114) OF SAID SECTION 6; THENCE SOI"25'51"W FOR 72.00 FEET, TO THE SOUTH BOOK 1634, PAGE 525 AND OFFICIAL RECORD BOOK 8415, PAGE 801 OF SAID PUBLIC RECORDS, AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EAST LINE, SO1 "25'51"W FOR 594.05 FEET, TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (N.W. 114) OF THE NORTHEAST QUARTER (N.E. 114), OF THE SOUTHEAST QUARTER (S.E. 114) OF SAID SECTION 6; THENCE ALONG THE SOUTH LINE OF THE SAID NORTHWEST QUARTER (N.W. 114) OF THE NORTHEAST QUARTER (N.E. 114) OF THE SOUTHEAST QUARTER (S.E. 114) CAMPUS DRIVE, RECORDED IN OFFICIAL RECORD BOOK 2959, PAGE 202 OF SOI"25'51"W FOR 607.00 FEET, TO THE NORTHEAST CORNER OF TRACT A OF SAID PLAT OF NORTH COUNTY LIBRARY SITE; THENCE ALONG THE NORTH BOUNDARY OF SAID TRACT A, N88'39'42"W FOR 399.50 FEET; THENCE CONTINUE ALONG THE NORTH BOUNDARY OF SAID TRACT A, N82'30'54'W FOR 196.13 FEET; THENCE CONTINUE ALONG THE NORTH BOUNDARY OF SAID TRACT A, AND THE EASTERLY EXTENSION THEREOF, N88'39'42'W FOR 800.00 (W. 112) OF THE SOUTHEAST QUARTER (S.E. 114) OF SAID SECTION 6; THENCE ALONG SAID WEST LINE, NO1 "26'52"E FOR 699.80 FEET; THENCE S88'45'05"E FOR 400.00 FEET; THENCE SOI"26'52'W FOR 267.50 FEET, TO THE SOUTH LINE NORTHWEST QUARTER (N.W. 114) OF THE SOUTHEAST QUARTER (S.E. 114) OF SAID SECTION 6, AS REFERENCED IN OFFICIAL RECORDS BOOK 2422, PAGE 238 OF SAID PUBLIC RECORDS; THENCE ALONG SAID SOUTH LINE, S88'42'25"E FOR 400.00 FEET, TO THE EAST LINE OF THE WEST HALF (W. 112) OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SAID SECTION 6; THENCE ALONG SAID RIGHT-OF-WAY OF P.G.A. BOULEVARD, AS RECORDED IN OFFICIAL RECORDS OF SECTION 6, N88'42'25'W FOR 70.00 FEET, TO THE WEST RIGHT-OF-WAY OF SAID PUBLIC RECORDS; THENCE ALONG THE SAID WEST RIGHT-OF-WAY, FEET, TO THE WEST LINE OF THE EAST 800.00 FEET, OF THE WEST ONE-HALF OF THE NORTH 152.30 FEET, OF THE SOUTH ONE-HALF (S. 112) OF THE EAST LINE, NOI"26'52"E FOR 745.83 FEET, TO THE SAID SOUTH RIGHT-OF-WAY OF P.G.A. BOULEVARD; THENCE ALONG SAID SOUTH RIGHT-OF-WAY, 88'45'08"E FOR 664.1 8 FEET, TO THE POINT OF BEGINNING. CONTAINING 27.694 ACRES, MORE OR LESS. 3 Date Prepared: March 6, 2008 Ordinance 5, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the rezoning of the 6.99 acre parcel known as the Department of Motor Vehicles Facility and Training Center from a Planned Community Development designation to a City zoning designation of Planned Development Area (PDA) with an underlying Public or Institutional (PA) zoning on the property more particularly described as follows: LEGAL DESCRIPTION: 6-42-43, E 400 FT OF NE 1/4 OFNW 114 OF SE 114 (LESS PGA BLVD RIW) & E 400 FT OF N 152.3 FT OF SE 114 OF NW %. CONTAINING 6.99 ACRES, MORE OR LESS. SECTION 4. Section 1 of Ordinance 13, 1992; Sections 2 through 4, inclusive, of Ordinance 18, 1995; and Sections 1 and 2, inclusive, of Ordinance 54, 1997 are hereby transferred to Resolution 26, 2008. Section 2 of Ordinance 13, 1992 is hereby transferred to Resolution 27, 2008. The remaining sections of Ordinance 13, 1992, Ordinance 18, 1995, and Ordinance 54, 1997 shall be renumbered accordingly. Any future amendments to the development plans and/or conditions of approval shall be accomplished by Resolution of the City Council. SECTION 5. The City Manager is hereby authorized and directed to make appropriate changes on the zoning district map of the City to effectuate the purpose of this Ordinance. SECTION 6. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 4 Date Prepared: March 6, 2008 Ordinance 5, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this 3PD day of Ar)PIL , 2008, upon first reading. PASSED AND ADOPTED this day of , 2008, upon second and final reading. CITY OF PALM BEACH GARDENS FOR BY: Eric Jablin, Mayor David Levy, Vice Mayor Joseph R. Russo, Councilmember Jody Barnett, Councilmember Robert G. Premuroso, Councilmember ATTEST: BY: AGAINST ABSENT Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney G:\attorney-share\ORDlNANCEShorth county library - ord 5 2008.doc 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION 26,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE NORTH COUNTY GOVERNMENT CENTER PLANNED COMMUNITY DEVELOPMENT (PCD), LOCATED AT THE SOUTHWEST CORNER OF PGA BOULEVARD AND CAMPUS DRIVE, TO RECONFIGURE CERTAIN PARCELS, PROVIDE THE REQUIRED LINKAGE ROADS THROUGHOUT THE PARCELS, RELOCATE THE ENVIRONMENTAL PRESERVE TO THE WEST SIDE OF THE DEPARTMENT OF MOTOR VEHICLES PARCEL FROM THE LIMITS OF THE PCD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. NORTH-SOUTH LINKAGE ROAD, ELIMINATE THE 6.99-ACRE WHEREAS, on May 7, 1992, the City Council adopted Ordinance 13, 1992, thereby approving the site plan for a Planned Unit Development (PUD), including Phase 1 of the North County Regional Library consisting of 24,000 square feet on an approximately 3.65-acre site, generally located on the northwest side of Campus Drive and Fairchild Avenue; and WHEREAS, on October 5, 1995, the City Council adopted Ordinance 18, 1995, thereby approving the rezoning of the 33.7-acre site from Public / Institutional (PA), in part, Planned Unit Development (PUD), in part, and Planned Development Area (PDA), in part, to a Planned Community Development (PCD), to incorporate the North County Regional Library into a master site plan for a North County Government Center, which included six separate parcels that provided for the development of an 81,500-square- foot North County Courthouse and Administrative Building, a 40,000-square-foot regional library, a 5.73-acre passive park, a 5.3-acre environmental preserve, a 3,100- square-foot Department of Motor Vehicles (DMV) Facility and Training Center, and an additional 2.775-acre passive park; and WHEREAS, on December 4, 1997, the City Council adopted Ordinance 53, 1997, to allow for a time extension of two years to complete the development of the North County Government Center Planned Community Development (PCD); and WHEREAS, on December 4, 1997, the City Council adopted Ordinance 54, 1997, providing for an increase in the square footage of the North County Courthouse and Administrative Building by approximately 32,000 square feet and an increase in the overall size of two parcels within the Planned Community Development (PCD); and Date Prepared: March 6, 2008 Date Prepared: March 6, 2008 Resolution 26, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 WHEREAS, the City has received a request (PCDA-07-09-000005) from Melanie Borkowski, on behalf of Palm Beach County Facilities Development and Operations Department, to amend the North County Government Center Planned Community Development (PCD) to allow an increase to the existing North County Regional Library parcel from 4.06 acres to 6.608 acres, provide the required linkage roads throughout the parcels, relocate the Environmental Preserve to the west side of the North-South Linkage Road and increase the total size from 5.3 acres to 6.002 acres, eliminate the 6.99-acre DMV parcel from the limits of the PCD, reconfigure the approved PCD parcels, eliminate two passive parks, and designate a 2.756-acre parcel for future development, thereby resulting in a total site area of 27.694 acres; and WHEREAS, the Growth Management Department has reviewed the application, has determined that it is sufficient and is consistent with the City’s Land Development Regulations, and has recommended approval; and WHEREAS, by adoption of Ordinance 5, 2008, the City Council determined that the master site plan approvals and related conditions for the North County Government Center Planned Community District (PCD) contained in Ordinance 13, 1992, Ordinance 18, 1995, and Ordinance 54, 1997 shall be transferred to this Resolution; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, this PCD amendment petition (PCDA-07-09-000005) was reviewed by the Planning, Zoning, and Appeals Board at a public hearing on February 12, 2008, which recommended approval by a vote of 6-1 ; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The amended development plans for the North County Government Center are hereby APPROVED on the following described real property, subject to the conditions of approval provided herein: 2 Date Prepared: March 6, 2008 Resolution 26, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 LEGAL DESCRIPTION: A PORTION OF SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND LOT 1 OF THE PLAT OF NORTH COUNTY LIBRARY SITE, RECORDED IN PLAT BOOK 75 PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 6; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER AND THE CENTERLINE OF P.G.A. BOULEVARD, N88'45'08'W FOR 664.16 FEET, TO THE EAST LINE OF THE NORTHWEST QUARTER (N.W. 1/4) OF THE NORTHEAST QUARTER (N.E. 1/4) OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SAID SECTION 6; THENCE SOI"25'51"W FOR 72.00 FEET, TO THE SOUTH BOOK 1634, PAGE 525 AND OFFICIAL RECORDS BOOK 8415, PAGE 801 OF SAID PUBLIC RECORDS, AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EAST LINE, SOl"25'51'W FOR 594.05 FEET, TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (N.W. 114) OF THE NORTHEAST QUARTER (N.E. 114) OF THE SOUTHEAST QUARTER (S.E. 114) OF SAID SECTION 6; THENCE ALONG THE SOUTH LINE OF THE SAID NORTHWEST QUARTER (N.W. 1/4) OF THE NORTHEAST QUARTER (N.E. 1/4) OF THE SOUTHEAST QUARTER (S.E. 1/4) CAMPUS DRIVE, RECORDED IN OFFICIAL RECORDS BOOK 2959, PAGE 202 OF SOI"25'51"W FOR 607.00 FEET, TO THE NORTHEAST CORNER OF TRACT A OF SAID PLAT OF NORTH COUNTY LIBRARY SITE; THENCE ALONG THE NORTH BOUNDARY OF SAID TRACT A, N88'39'42"W FOR 399.50 FEET; THENCE CONTINUE ALONG THE NORTH BOUNDARY OF SAID TRACT A, N82'30'54''W FOR 196.13 FEET; THENCE CONTINUE ALONG THE NORTH BOUNDARY OF SAID TRACT A, AND THE EASTERLY EXTENSION THEREOF, N88'39'42'W FOR 800.00 (W. 1/2) OF THE SOUTHEAST QUARTER (S.E. 114) OF SAID SECTION 6; THENCE ALONG SAID WEST LINE, NO1 "26'52"E FOR 699.80 FEET; THENCE S88'45'05"E FOR 400.00 FEET; THENCE SOI"26'52"W FOR 267.50 FEET, TO THE SOUTH LINE NORTHWEST QUARTER (N.W. 114) OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SAID SECTION 6, AS REFERENCED IN OFFICIAL RECORDS BOOK 2422, PAGE 238 OF SAID PUBLIC RECORDS; THENCE ALONG SAID SOUTH LINE, S88"42'25"E FOR 400.00 FEET, TO THE EAST LINE OF THE WEST HALF (W. 112) OF THE SOUTHEAST QUARTER (S.E. 114) OF SAID SECTION 6; THENCE ALONG SAID RIGHT-OF-WAY OF P.G.A. BOULEVARD, AS RECORDED IN OFFICIAL RECORD OF SECTION 6, N88'42'25'W FOR 70.00 FEET, TO THE WEST RIGHT-OF-WAY OF SAID PUBLIC RECORDS; THENCE ALONG THE SAID WEST RIGHT-OF-WAY, FEET, TO THE WEST LINE OF THE EAST 800.00 FEET, OF THE WEST ONE-HALF OF THE NORTH 152.30 FEET, OF THE SOUTH ONE-HALF (S. 112) OF THE EAST LINE, NOI"26'52"E FOR 745.83 FEET, TO THE SAID SOUTH RIGHT-OF-WAY OF P.G.A. BOULEVARD; THENCE ALONG SAID SOUTH RIGHT-OF-WAY, 88'45'08"E FOR 664.18 FEET, TO THE POINT OF BEGINNING. CONTAINING 27.694 ACRES, MORE OR LESS. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 13, 1992 1. 2. 3. 4. 5. Fairchild Avenue shall be extended to a two-lane facility from its current terminus easterly to Campus Drive prior to the issuance of any Certificate of Occupancy for the Library. The proposed Buffer "C" along the Fairchild Avenue Extension, including the median as indicated on the Typical Buffer Detail Plan, shall also be installed and irrigated by the completion of the Fairchild Avenue Extension. SATISFIED The location of the Library access driveway on Fairchild Avenue shall be coordinated with and aligned with the access driveway for the Palm Beach Community College Campus Theater. SATISFIED Prior to approval of each subsequent phase or sub-phase of this Planned Unit Development, the County shall provide to the City a Traffic Study, including the traffic generated by all previously-approved phases or sub-phases within the Master Plan. SATISFIED The sign elevation and location shall be subject to future review by City staff and approval by subsequent Resolution of the City Council. ONGOING Prior to construction, trees or vegetated clusters which have been designated for preservation as per the Landscape Plan shall be properly tagged. The vegetation falling within the drip line of these trees shall be preserved where desirable. Prior to land clearing, the developer shall erect and maintain protective barriers around the drip line of all trees or vegetated clusters to be protected. This work shall be inspected and approved by the City Forester prior to the issuance of any permit authorizing land clearing. Section 153.50 (Tree Protection), Paragraphs B, C, and D of the City of Palm Beach Gardens Code shall be enforced during construction. ONGOING E. -. 6. All required Permits and Management Plan for the Relocation of the Gopher Tortoises shall be obtained from the Florida Game and Fresh Water Fish Commission and submitted to the City staff prior to the issuance of any permit authorizing land clearing. ONGOING 4 Date Prepared: March 6, 2008 Resolution 26, 2008 Date Prepared: March 6, 2008 Resolution 26, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ~ 7. 8. 9. All trees designated for preservation that die during construction or because of construction practices shall be replaced using the following schedule: for every inch of tree caliper lost, three inches of new tree caliper shall be replaced of like specie. The replacement tree shall have a minimum three-inch caliper diameter. ONGOING All associated landscaping along Fairchild Avenue and Campus Drive adjacent to the Regional Library, Planned W Community Development, shall be installed and maintained in conjunction with the completion of said Planned WCommunitv Development and prior to the issuance of a Certificate of Occupancy. ONGOING Prior to the issuance of the Certificate of Occupancy, the Landscape Architect of Record shall certify in writing to the City that the landscaping has been completed per the approved Landscape Plans. Any changes to the approved Landscape Plans shall be approved by City Council. Once the City has the certified letter from the Landscape Architect, the City Forester shall inspect the site for compliance. When compliance has been confirmed by the City Forester, the City Building Department shall be notified. SATISFIED Ordinance 18, 1995 IO. 11. 12. 13. The developer shall return for subsequent site plan approval for the development of each parcel. ONGOING Any amendments to the approved phasing plan shall require review and approval by the City Council. Amendments to the phasing plan shall not include any change of uses. ONGOING The required landscape buffers along Campus Drive and PGA Boulevard, "c!, shall be installed prior to the issuance of the first Certificate of Occupancy for the CourthouselAdministrative building expansion. SATISFIED I" In FP The existing 1,500-square-foot motor pool building and the communication tower shall be removed from the site prior to the issuance of the first Certificate of Occupancy for the Courthouse/Administration building expansion. SATISFIED 5 Date Prepared: March 6, 2008 Resolution 26, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 14. The irrigation system shall have a rain sensor and the sprinkler risers shall be installed so as to not spray into the road. The well water, if necessary, will be treated to prevent staining of plants or sidewalks. ONGOING 15. The acceptance of the completion of the improvements for Fairchild Avenue by the City shall have been accomplished prior to the issuance of the first building permit for the project. SATISFIED 16. The final Construction Plans shall need to show that the existing utilities are of sufficient depth so as not to interfere with the dry retention area, or that provision is made to connect the separated components (due to shallow utility) so that the entire dry retention area has a bleed-down capacity. SATISFIED 17. The chemical treatment used to remove the iron within the Planned Community &WR& Development shall be a solvent. ONGOING Ordinance 54, 1997 18. The provision for water quality treatment of the runoff from the existing parking lot serving the North County Courthouse shall be accomplished by exfiltration trench and dry retention. SATISFIED 19. The following traffic-related conditions shall be completed prior to the issuance of a Certificate of Occupancy: SATISFIED PGA Boulevard/Campus Drive a. Extend the eastbound right-turn lane storage length to 470 feet. b. Construct a separate northbound right-turn lane with 340 feet of storage. RCA Boulevard/Campus Drive a. Extend the southbound right-turn lane storage length to 280 feet. b. Extend the southbound left-turn lane storage length to 280 feet. c. Extend the westbound, right-turn lane storage length to 280 feet. d. Extend the eastbound left-turn lane storage length to 280 feet. 20. Prior to the issuance of the first building permit, the Applicant shall apply for and obtain a Standard District Permit from the Northern Palm Beach County Improvement District. SATISFIED 21. Prior to the issuance of the first building permit, the Applicant shall provide evidence, in a form satisfactory to the City Engineer, that the right-of-way for the required northbound right-turn lane, with sufficient stacking distance, at the Campus Drive and PGA Boulevard intersection has been obtained. SATISFIED 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Plannina and Zoning 22. The Applicant shall be required to extend the existing meandering sidewalk located on the north side of the east/west linkage road concurrent with the development of Parcel 4. No Certificates of Occupancy or completion shall be issued for Parcel 4 until completion of the aforementioned sidewalk. (Plannina & Zoning) 23. The portion of the northlsouth and eastlwest linkage roads that lie adiacent to Parcel 4 shall be built concurrent with the development of Parcel 4. (Planning & Zoninq) 24. The Applicant shall be required to meet with the Police and Citv Forester prior to any land clearing or land alteration of the Environmental Preserve area. Anv plans to develop passive recreation amenities within the Environmental Preserve shall require the approval of the City Forester and the City CPTED representative. (Planning & Zoning, City Forester, Police) City Foresfer 25. Prior to platting the preserve area of the PCD, a Preserve Management Plan that shall include details of site amenities shall be submitted for review and approval by the City. (City Forester) 26. The Applicant will define, in detail, the time period proposed for the removal of exotic vegetation within the Preserve Area Management Plan to be submitted with the plat. (Citv Forester) Cif v Enaineer 27. The Applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in PBC Traffic Division equivalency and concurrency approval letters. (City Engineer) SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waiver: 1. Section 78-506, Sidewalks, requires that concrete sidewalks, at least five feet wide, shall be provided on each side of all streets in a subdivision with the exception of cul-de-sacs, shall be waived to allow for the continuation of the meandering sidewalk on the north side of the eastlwest linkage road. SECTION 4. The Planned Community Development shall be constructed in compliance with the following plans, as amended herein, and on file with the City’s Growth Manage men t Depart men t : 7 Date Prepared: March 6, 2008 Resolution 26, 2008 Date Prepared: March 6, 2008 Resolution 26, 2008 3fi iaacr D 1 LV, lUWW I 2 3 4 1. November 19, 2007, Master Plan, Schorah & Associates, Sheet 1 of 1. 5 6 2. 7 8 3. 9 10 4. 11 12 13 5 14 15 16 6. 17 18 7. 19 20 21 8. 22 23 24 9. 25 26 27 April 18, 1995, Master Drainage Plan by DiFonte & Thomas, Inc., 1 sheet. April 18, 1995, Master Water & Sewer Plan by DiFonte & Thomas, Inc., 1 sheet. April 18, 1995, Conceptual Landscape Buffer Plans by Neal, Smith & Associates, 2 sheets. April 18, 1995, Vegetation Assessment Plan by Palm Beach County Engineering and Public Works, I sheet. January 4, 1993, Picnic Table Plan by DuMor, Inc., 1 sheet. November 17, 1997, PCD Master Plan and Phasing Plan, Schwabb, Twitty and Hanser Architectural Group, sheets msl -ms2. August 31, 1995, Master Site Plan by Palm Beach County Facilities Planning, Design and Construction Capital Improvements Division, 1 sheet. October 24, 1 997, Construction Plans for Campus Drive Improvements, Keshavarz and Associates, Sheets C-4 through C-14. SECTION 5. All future amendments to the North County Government Center 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PCD shall be approved by Resolution. SECTION 6. This approval shall be consistent with all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 8 Date Prepared: March 6, 2008 Resolution 26, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL S U F FIC I EN CY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR LEVY COUNCILMEMBER RUSSO COUNCILMEMBER BARNETT COUNCILMEMBER PREMUROSO G:\attorney-share\RESOLUTlONS\north county govt pcd amend - reso 26 2008.doc 9 Date Prepared: March 6, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 27,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN FOR THE NORTH COUNTY REGIONAL LIBRARY, LOCATED ON THE NORTHWEST CORNER OF CAMPUS DRIVE AND FAIRCHILD AVENUE, TO ALLOW A 14,612-SQUARE-FOOT ADDITION TO THE EXISTING 24,920-SQUARE-FOOT FACILITY; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 7, 1992, the City Council adopted Ordinance 13, 1992, thereby approving the site plan for a Planned Unit Development (PUD), including phase 1of the North County Regional Library consisting of 24,000 square feet on an approximately 3.65-acre site, generally located on the northwest side of Campus Drive and Fairchild Avenue; and WHEREAS, on October 5, 1995, the City Council adopted Ordinance 18, 1995, thereby approving the rezoning of the 33.7-acre site from Public / Institutional (PA), in part, Planned Unit Development (PUD), in part, and Planned Development Area (PDA), in part, to a Planned Community Development (PCD), to incorporate the North County Regional Library into a master site plan for a North County Government Center, which included six separate parcels that provided for the development of an 81,500 square foot North County Courthouse and Administrative Building, a 40,000 square foot regional library, a 5.73-acre passive park, a 5.3-acre environmental preserve, a 3,100 square foot Department of Motor Vehicles (DMV) Facility and Training Center, and an - additional 2.775-acre passive park; and WHEREAS, on December 4, 1997, the City Council adopted Ordinance 1997, to allow for a time extension of two years to complete the development of North County Government Center Planned Community Development (PCD); and WHEREAS, the City has received two requests (PCDA-07-09-000005 53, the and SPLA-07-IO-000008) from - Melanie Borkowski, on' behalf of Palm Beach County Facilities Development and Operations Department, amending the North County Government Center Planned Community Development (PCD) to allow an increase to the existing North County Regional Library parcel from 4.06 acres to 6.608 acres and provide for a 14,612-square-foot expansion to the existing facility for a total of approximately 40,000 square feet; and WHEREAS, the Growth Management Department has reviewed the applications, has determined that they are sufficient and are consistent with the City's Land Development Regulations, and has recommended approval; and Date Prepared: March 6, 2008 Resolution 27, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, by adoption of Ordinance 5, 2008, the City Council determined that the master site plan approvals for the North County Regional Library and related exhibits contained in Ordinance 13, 1992 shall be transferred to this Resolution; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, this site plan amendment petition (SPLA-07-10-000008) was reviewed by the Planning, Zoning, and Appeals Board at a public hearing on February 12, 2008, which recommended approval by a vote of 6-1 ; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The amended development plans for the North County Regional Library are hereby APPROVED on the following described real property, subject to the conditions of approval provided herein: LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING A PORTION OF THE PLAT OF NORTH COUNTY LIBRARY SITE, AS RECORDED IN PLAT BOOK 75, PAGE 63 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT A OF SAID PLAT; THENCE ALONG THE NORTH BOUNDARY OF SAID TRACT A FOR THE FOLLOWING THREE COURSES: THENCE N88'39'42"W FOR 399.50 FEET; THENCE N82'30'54W FOR 196.1 3 FEET; THENCE N88'39'42"W FOR 53.94 FEET; THENCE DEPARTING SAID NORTH BOUNDARY, NO1 "26'52"E FOR 375.20 FEET; THENCE S88'42'25"E FOR 22.31 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 115.00 FEET; THENCE NORTHEASTERLY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 24'20'00" FOR 48.84 FEET TO A POINT OF TANGENCY; THENCE N66'57'35"E FOR 116.10 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 75.00 FEET; THENCE EASTERLY, ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 24'21'34" FOR 31.89 FEET TO A POINT 2 Date Prepared: March 6, 2008 Resolution 27, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 OF TANGENCY; THENCE S88'40'51"E FOR 41 7.05 FEET; THENCE S43'37'30E RECORDED IN OFFICIAL RECORDS BOOK 2959, PAGE 202 OF SAID PUBLIC 436.17 FEET TO THE POINT OF BEGINNING. FOR 35.39 FEET TO THE WEST RIGHT-OF-WAY LINE OF CAMPUS DRIVE AS RECORDS; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, SO1 "25'51"W FOR CONTAINING 6.608 ACRES, MORE OR LESS. BEARING BASIS: SO1 "25'51 "W ALONG THE WEST RIGHT-OF-WAY LINE OF CAMPUS DRIVE. Planning & Zoninq 1. The required artwork shall be installed prior to the issuance of the first Certificate of Occupancv. If the artwork is not installed bv that time, the Citv shall have the option of withdrawing the funds from the escrow. (Planning & Zoning) 2. The Applicant shall provide a bus shelter upon the request and demonstration of need bv Palm Tran. Location will be coordinated with the Citv, Countv, and Palm Tran at that time. (Planning & Zoninq) Cif v Forester. 3. Prior to the issuance of the Certificate of Occupancv, the Applicant shall eliminate all prohibited and invasive non-native plants from the library site. (Citv Forester) 4. Prior to the issuance of anv land alteration permit, all gopher tortoises on the library site (parcel 2) shall be relocated. (Citv Forester) City Engineer 5. The Applicant shall provide to the Citv a copy of all permit applications, permits, certifications, and approvals. (Citv Engineer) The Applicant shall provide all necessarv construction zone siqnaqe and fencing 6. as required bv the Citv Engineer. (Citv Engineer) 7. Prior to the issuance of the Certificate of Occupancv for the librarv expansion. the Applicant shall submit a plat of the entire 27.694-acre PCD for Council approval. Such plat must include all existing and proposed easements and like encumbrances, including the preserve area and linkage road riqht-of-way with appropriate reservations and dedications in the plat. (Citv Engineer, Planninq & Zoning) 3 Date Prepared: March 6, 2008 Resolution 27, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1.9 2.0 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 8. The construction, operation, andlor maintenance of anv elements of the subject proiect shall not have anv negative impacts on the existing drainage of surroundinq areas. If at anv time during the project development it is determined by the Citv that anv of the surrounding areas are experiencing negative drainage impacts caused by the proiect. it shall be the Applicant’s responsibility to cure said impacts in a period of time and a manner acceptable to the Citv prior to additional construction activities. (City Enqineer) 9. Prior to the issuance of the first land alteration permit. the Applicant shall submit signed/sealed/dated construction plans (paving/qrading/drainage and watedsewer) and all pertinent calculations for review and comment. (Citv Engineer) 10. Prior to construction plan approval and the issuance of the first land alteration permit, the Applicant shall schedule a pre-permit meeting with Citv staff. (Citv Engineer) 11. Prior to the issuance of the first land alteration permit, the Applicant shall provide to the Citv letters of authorization from the applicable utility companies allowinq landscaping and light poles to be placed within the utilitv easements. (Citv Engineer) 12. The Applicant shall notifv the Citv’s Public Works Division at least ten working days prior to the commencement of anv workkonstruction activitv within anv public right- of-wav within the Citv of Palm Beach Gardens. In the case of a Citv right-of-wav, the Applicant has at least five working davs to obtain a right-of-wav permit. Right- of-way permits mav be obtained at the Building Division. Failure to comply with this condition could result in a Stop Work Order of all workkonstruction activitv within the public right-of-wav and the subiect development site. (Public Works) 13. Prior to the issuance of the first land alteration permit, the Applicant shall provide a cost estimate for the proiect, including public infrastructure and all landscaping and irrigation costs for review and approval bv the Citv in order to establish surety. The cost estimate shall be signed and sealed bv an engineer and landscape architect registered in the State of Florida. Surety will be based on 110% of the total combined approved cost estimates and shall be posted with the Citv. (Citv Engineer) 14. Prior to the issuance of the first land alteration permit, the Applicant shall provide a cost estimate for the on-site project improvements, not including public infrastructure, landscaping and irrigation costs for review and approval bv the Citv. The cost estimate shall be signed and sealed bv an engineer and shall be posted with the Citv. (City Engineer) 4 Date Prepared: March 6, 2008 Resolution 27, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 CPTED 15. Landscaping shall not obstruct the view from windows or walkways. Ground cover should not exceed 36 inches in height, and high-branched trees should be trimmed to seven feet. (Police Department) 16. Prior to the issuance of the first Certificate of Occupancy for the regional library building expansion, the Applicant shall provide all exterior lights on a central timer system, and entry lighting will be set to turn on at dusk and off at dawn. (Police Department) 17. Prior to the issuance of the first building permit, the Applicant shall submit a construction site security and management plan for review and approval by the Police Department. Noncompliance with the approved security and management plan may result in a Stop Work Order for the PCD. (Police Department) 18. Prior to the issuance of a Certificate of Occupancy for the library expansion, a full security svstem that meets the established Palm Beach County requirement shall be installed. The system will be monitored 24-hours a day through the PBC ESS security section. (Police Department) 19. Prior to the issuance of the first Certificate of Occupancy, roof top numbers placed parallel to the addressed street. only visible from the air, shall be installed. The numerals should be blocked lettered, weather resistant material, four feet in height and 18 inches wide. (Police Department) SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following two (2) waivers: 1. Section 78-345 (D) (3): Additional parking greater than 10% of required parkina, to allow the installation of 265 parking spaces. 2. Section 78-441 (c): Boundary plat required, to allow completion of a plat prior to the issuance of the Certificate of Occupancy. SECTION 4. This Site Plan Amendment shall be constructed in compliance with the following plans, as amended herein, and on file with the City’s Growth Management Department: 1. Site Plan prepared by Educated Sign, dated April 28, 1992, and consisting of one sheet A-I. 2. Landscape Plan, prepared by Urban Design Studio, dated February 3, 1992, and consisting of one sheet L-I. 5 1 3. 2 3 4 4. 5 6 7 5. 8 9 IO 6. 11 12 13 7. 14 15 16 8. 17 18 19 20 21 22 23 24 25 26 27 Date Prepared: March 6, 2008 Resolution 27, 2008 Landscape Materials Schedule & Planting Details, prepared by Urban Design Studio, dated February 3, 1992, and consisting of one sheet L-2. Northeast and Southwest Elevations, prepared by Educated Design, dated September 4, 1991, and consisting of one sheet A-5. North, Northwest and Southeast Elevations, prepared by Educated Design, dated September 3, 1991 , consisting of one sheet A-6. Building Sections Plan, prepared by Educated Design, dated August 19, 1991 , and consisting of one sheet A-7. Wall Sections Plan, prepared by Educated Design, dated September 20, 1991, and consisting of one sheet A-9. Approved Color & Accent Scheme: Exterior Color Scheme: Metal Roof and Coping Benjamin Moore #663 Walls Benjamin Moore #HC 173 Base of Walls Benjamin Moore #HC 172 Accents: Brick Windows Louvers Benjamin Moore #077 Benjamin Moore #663 Benjamin Moore #663 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 9. January 14, 2008, Life Safety Plan, PGAL, Sheet LS-2.00 (1 sheet). IO. January 14, 2008, Site Plan, PGAL. Sheet A-I (1 sheet). 11. January 14, 2008, Site Details, PGAL, Sheets A-I .01 through A-I .01A (2 sheets). 12. September 14, 2007, Site Plan Area Calculations, PGAL, Sheet A-I .02 (1 sheet). 13. January 14, 2008, Overall Floor Plan, PGAL, Sheet A-2.00 (1 sheet). 14. January 14, 2008, Roof Plan, PGAL, Sheet A-2.02 (1 sheet). 15. November 30, 2007, Exterior Elevations, PGAL, Sheets A-5.00 through A-5.OOA (2 sheets). 16. November 28, 2007, Site Photometric Plan, PGAL, Sheet E-0.01 (1 sheet). 17. September 14, 2007, Site Lighting Details, PGAL, Sheet E-0.02 (1 sheet). 6 Date Prepared: March 6, 2008 Resolution 27, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 18. Januarv 15, 2008. Landscape Plan and Details and Relocation Plan, PGAL, Sheets L-I .OO through L-3.00 (3 sheets). 19. August 2007,, Dimension and Striping Plan and Paving and Drainage, Michael Schorah and Assoc., Sheets 1 through 5 (5 sheets). SECTION 5. All future amendments to the North County Regional Library shall be approved by Resolution. SECTION 6. This approval shall be consistent with all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 7 Date Prepared: March 6, 2008 Resolution 27, 2008 PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS BY: Eric Jablin, Mayor 9 10 ATTEST: 11 12 13 BY: 14 15 16 17 LEGAL SUFFICIENCY 18 19 20 BY: 21 Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND Christine P. Tatum, City Attorney 22 23 24 VOTE: -- AYE NAY ABSENT 25 27 29 31 26 MAYOR JABLIN --- 28 VICE MAYOR LEVY --- 30 COUNCILMEMBER RUSSO --- 32 COUNCILMEMBER BARNETT --- 33 34 COUNCILMEMBER PREMUROSO 35 36 37 38 39 40 41 42 43 44 45 46 47 G:\attorney-share\RESOLUTlONS\north county regional library reso 27 2008.doc 8 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: March IO, 2008 Meeting Date: May 1,2008 Resolution 34,2008 SubjectlAgenda Item: Communications site lease agreement between the City of Palm Beach Gardens and American Towers Asset Sub, LLC, to provide space for public safety radio communications equipment and antennas at 9190 Old Dixie Hwy, West Palm Beach. [ XI Recommendation to APPROVE 11 Recommendation to DENY Reviewed by: City Attorney Submitted by: r I Chief Stephen J. Stepp I Depzhment Director Approve y:/ 4+ I City Mahagaf Originating Dept.: Advertised: Date: Paper: [ x ] Not Required Affected parties m [ ] Not required Costs: $149.399 (Total) $ 27,600 Current FY Funding Source: [ x ] Operating [ ]Other Budget Acct.#: 001 -1 000-52 1 -81 20 Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Resolution 34, 2008 Lease Agreement Date Prepared: March IO, 2008 Meeting Date: May 1,2008 Resolution 34,2008 BACKGROUND: The City of Palm Beach Gardens, in conjunction with other cities in Palm Beach County, is in the process of implementing a new radio system. This will increase interoperability between other cities and law enforcement agencies and their ability to solve and deter crime. The new radio system will aide in both the day-to-day operations and during emergencies. To maintain adequate radio coverage for officer safety in Palm Beach Gardens and other radio users two radio antenna sites are required. One is located on top of The Landmark and the second, a proposed site at 9190 Old Dixie Hwy., Lake Park (Old Dixie & Northlake), owned by American Tower. To establish the second site as one of our radio transmission locations, the Police Department desires to enter into a lease agreement with American Tower Asset. The terms of the agreement are 5 years with renewal of 3 additional periods of 5 years each. Annual cost is $27,600 with an annual escalator of 4%.Sustaining a long term location for radio transmit and receiving equipment is vital to public safety, so a long term lease agreement was implemented. American Tower will provide site space for our 10x14 foot equipment shelter and generator (3’x6’), (moved from Seacoast Utilities) and 2 radio antennas and 2 microwave dishes as part of this agreement. This tower site is part of the MPSCC radio infrastructure network. The annual cost will be assessed by the MPSCC on a percentage basis to each member agency according to the number of subscriber units in use in a city. STAFF RECOMMENDATION: Staff recommends approval of Resolution 34,2008, a communication site lease agreement between American Towers Asset Sub, LLC, and the City of Palm Beach Gardens. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION 34,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A COMMUNICATIONS SITE LEASE AGREEMENT WITH AMERICAN TOWERS ASSET SUB, LLC; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens, in conjunction with other cities in Palm Beach County, is in the process of implementing a new radio system which will increase the interoperability between other cities and law enforcement agencies; and WHEREAS, the City desires to use a radio antenna owned by American Tower Asset Sub, LLC, which antenna is located in Lake Park, and WHEREAS, the Lease Agreement with American Tower has been prepared and is attached hereto as Exhibit "A"; and WHEREAS, the City Council of the City of Palm Beach Gardens deems approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION I. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the Lease Agreement with American Tower Asset Sub, LLC for a five-year term totaling $149,399, and authorizes the Mayor and City Clerk to execute the Agreement. SECTION 3. This Resolution shall become effective immediately upon adoption. Date Prepared: April 11,2008 Date Prepared: April 1 1,2008 Resolution 34, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ,2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR LEVY COUNCILMEMBER RUSSO COUNCILMEMBER BARNETT COUNCILMEMBER PREMUROSO G:\attomey-share\RESOLUTIONS\american tower lease agmt - pd equipment - reso 34.2008.doc 2 Date Prepared: April 11, 2008 Resolution 34, 2008 EXHIBIT “A” ATC SITE NAME I NUMBER: North Palm Beach, FU303100 CUSTOMER SITE NAME/ NUMBER: ATC North Palm BeachINIA LICENSE AGREEMENT ATC Contract No: This LICENSE AGREEMENT (“Agreement”) made as of the - day of , 200- (“Effective Date”) by and between American Tower Asset Sub, LLC, a Delaware limited liability company, with a place of business at 10 Presidential Way, Woburn, MA 01801 (“Licensor”) and City of Palm Beach Gardens, a Government entity with a place of business at 10500 North Military Trail, Palm Beach Gardens, FL 33410 (“Licensee”). 1. TOWER SITE INFORMATION: Site Name: Site Number: 303100 Address and/or location of Tower Site (as defined in Section l(e) herein): 9190 Old Dixie Hwy, West Palm Beach, FL 33403 Tower Site Coordinates: Lat. 26-48-40.14 Long. 80-4-44.74 North Palm Beach, FL II. NOTICE & EMERGENCY CONTACTS: Licensee’s local emergency contact (name and number): Officer Kevin O’Connor/. (561) 799-4447 Licensor‘s local emergency contact: Network Operations Communications Center (800) 830-3365. Notices to Licensee shall be sent to the address above to the attention of Kevin O’Connor and the City Manager.. Notices to Licensor shall be sent to the address above to the attention of Contracts Manager. Licensor’s Remittance Address: Spectrasite Communications, LLC, P. 0. Box 751 760, Charlotte, NC 28275-1 760, Attn: Property Management; all payments shall include a reference to the Site Name and Site Number as identified above in Section I. 111. PERMITTED USE OF TOWER SITE BY LICENSEE: Transmitting and Receiving frequencies: See Exhibit A for specific frequencies Antenna mount height on tower: See ExhibitA for specific location All other permitted uses of the Tower Site including Licensee’s Approved Equipment (as defined in section 1 (a) herein), and the Licensed Premises (as defined in section 1 (b) herein) are further described in section 4 of this Agreement and Exhibits A and B attached hereto. IV. FEES & TERM Monthly License Fee: Two Thousand Three Hundred and 00/100 Dollars ($2,300.00), increased by the Annual Escalator on the first anniversary of the Commencement Date of this Agreement and each anniversary of the Commencement Date thereafter during the Term (as defined in section 1 (d) herein). The Annual Escalator shall be four percent (4%) Application Fee: N/A Relocation Fee: NIA Site Inspection Fee: $2,500.00, increased annually on each anniversary of the Commencement Date of this Agreement by a percentage rate increase equal to the Annual Escalator. Initial Maintenance Fee Percentage: 33% Initial Term: A period of 5 years beginning on the Commencement Date. The “Commencement Date” shall be the earlier of: (i) the issuance of a NTP (as defined in section 1 (c) herein) or (ii) June 30, 2008. Renewal Terms: 3 additional periods of 5 years each. Connection Fee: NIA Electricity for operation of Approved Equipment is to be provided by (check one): 0 Licensor, with the cost of such electricity to be paid by Licensee at the initial rate of $ per month (“Utility Fee”) subject adjustment pursuant to Section 5(b), OR IXI Licensee, at its sole expense. V. TERMS 8 CONDITIONS The attached terms and conditions are incorporated herein by this reference. VI. OTHER PROVISIONS: Other provisions: (check one): None As listed below A -- A. Notwithstanding anything to the contrary in this Agreement, the offer expressed to Licensee in this Agreement shall automatically become null and void with no further obligation by either party hereto if a structural analysis of the Tower Site completed after the execution of this Agreement by Licensor but 1 11115v9 ATC SITE NAME / NUMBER: North Palm Beach, FU303100 CUSTOMER SITE NAME/ NUMBER: ATC North Palm BeachlNIA before the commencement of the installation of Licensee’s Approved Equipment indicates that the Tower Site is not suitable for Licensee’s Approved Equipment unless Licensor and Licensee mutually agree that structural modifications or repairs shall be made to the Tower Site on mutually agreeable terms. B. In the event that Licensor determines a Shared Site Interference Study is required, Licensor anc Licensee agree and acknowledge that this Schedule shall be contingent upon a satisfactory result of said Shared Site Interference Study. [SIGNATURES ARE ON THE NEXT PAGE] [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 2 ATC SITE NAME / NUMBER: North Palm Beach, FU303100 CUSTOMER SITE NAME/ NUMBER: ATC North Palm Beach/N/A IN WITNESS WHEREOF, each Party in consideration of the mutual covenants contained herein, and for other good and valuable consideration, intending to be legally bound, has caused this Agreement to be executed by its duly authorized representative as of the date and year written; provided, however, that this Agreement shall not become effective as to either Party until executed by both Parties. Signed, sealed and d livered in the presence of: I Signed, sealed and delivered in the presence of: Agreed to and accepted by: LICENSOR: American Tower Asset Sub, LLC, a Delaware limited liability company Na Title: Director, Contract Management Agreed to and accepted by: LICENSEE: City of Palm Beach Gardens, a Government Entity Witness Witness By: Name: Eric Jablin Title: Mayor ATTESTS BY: City Clerk ,37' A 3 e. ’& ATC SITE NAME I NUMBER: North Palm Beach, FU303100 CUSTOMER SITE NAME/ NUMBER: ATC North Palm BeachlNlA TERMS AND CONDITIONS 1. SELECT DEFINITIONS. (a) Approved Equipment. Licensee’s telecommunications system, including antennas, radio equipment and operating frequency, cabling and conduits, shelter and/or cabinets, and other personal property owned or operated by Licensee as described on Licensee’s equipment schedule attached hereto as Exhibit A, which equipment Licensee anticipates shall be located by Licensee at the Tower Site (as defined in subsection1 (e) herein). (b) Licensed Premises. Location of the Approved Equipment on the Tower (defined in subsection l(e) herein) and at the Tower Site as more specifically described in Exhibits A and B attached hereto. (c) NTP or Notice to Proceed. Written notice from Licensor to Licensee acknowledging that all required documentation for the construction and installation of the Approved Equipment has been received and approved by Licensor and Licensee is authorized to commence its installation of the Approved Equipment at the Licensed Premises, as more particularly set forth in section 10 of this Agreement. (d) Term. Initial Term and each Renewal Term which is effected pursuant to section 6 of this Agreement. (e) Tower Site. Certain real property owned, leased, subleased, licensed or managed by Licensor shown on page 1 of this Agreement, on which a wireless tower (“Tower”) owned, leased, licensed or managed by Licensor is located. (0 CPI. The Consumer Price Index for All Urban Consumers, U.S. City Average (1982-1984=100), as published by the United States Department of Labor, Bureau of Labor Statistics. If such index is discontinued or revised, such other government index or computation with which it is replaced shall be used in lieu thereof. 2. GRANT OF LICENSE. Subject to the other terms of this Agreement, Licensor hereby grants Licensee a non-exclusive license to install, maintain and operate the Approved Equipment at the Licensed Premises. All Approved Equipment shall be and remain Licensee’s personal property throughout the Term of this Agreement. Licensor shall maintain the communication facility located on the Tower Site in good order and repair, wear and tear, damage by fire, the elements or other casualty excepted. In no event shall Licensee’s license as granted herein include rights to use in any fashion the air space above the Approved Equipment, and Licensor reserves the right to install, construct and/or operate additional improvements or equipment of Licensor or others above Licensee’s Approved Equipment or shelter (commonly referred to as “stacking”), provided that such additional improvements or equipment do not materially and adversely interfere with the access to and operation of the Approved Equipment or Licensee’s shelter. Licensee is not required to utilize a stackable shelter, provided that, if Licensee opts to install a shelter that is not stackable and if Licensor receives an offer to license the air space above the Licensee’s non-stackable shelter by a proposed subsequent user, Licensor may, at its election, upon 30 days prior written notice require the Licensee to replace such non-stackable shelter with a stackable shelter of a comparable size, provided that the proposed subsequent user agrees in writing to be wholly responsible for the cost of the Licensee’s shelter replacement. Subject to limitations contained in the Ground Lease (defined in section 20 herein), Licensor grants Licensee a right of access to the Tower Site 24 hours per day, 7 days per week during the Term and a designated location for the installation of Licensee’s ut or across the Tower Site (collectively, “Easement). Licensee shall be responsible for any and all damage or loss that results from the installation of any cables or utility wires by Licensee or any company or person retained by Licensee (including a public utility company), including, without limitation, any damage or loss that results from the accidental cutting of utility wires or cables of any other party operating at the Tower Site. Licensor shall provide Licensee with one set of keys and/or codes to access the Tower Site. Licensee shall be responsible for ensuring that Licensor has, at all times, a complete and accurate written list of all employees and agents of Licensee who have been provided the keys or access codes to the Tower Site. Licensor shall have the right to continue to occupy the Tower Site and to grant rights to others for the Tower Site in its sole discretion. Licensee shall have no property rights or interest in the Tower Site or the Easement by virtue of this Agreement. If Licensor’s right to license space on the Tower Space to Licensee is subject to a right of first refusal for the benefit of a third party and if such third party exercises its right of first refusal prior to the Commencement Date, Licensor may terminate this Agreement upon written notice to Licensee. 3. EXHIBITS. Within 45 days following the commencement of the installation of the Approved Equipment, Licensee shall provide Licensor with as-built or construction drawings showing the Approved Equipment as installed [in both hard copy and electronic form] (“Construction Drawings”), such Construction Drawings shall include the location of any shelters, cabinets, grounding rings, cables, and utility lines associated with Licensee’s use of the Tower Site. Upon receipt, Licensor shall insert hereto the Construction Drawings as Exhibit C hereto. In the event that Licensee fails to deliver the Construction Drawings as required by this section, Licensor may cause such Construction Drawings to be prepared on behalf of Licensee and Licensor shall assess a fee for such Construction Drawings in an amount equal to 120% of the actual cost of obtaining the Construction Drawings including in-house labor, which upon invoice shall become immediately due and payable by Licensee. Licensee shall not infer nor shall acceptance of the Construction Drawings by Licensor be deemed to be a representation by Licensor that such Construction Drawings or the plans and A 4 11115~9 ATC SITE NAME / NUMBER: North Palm Beach, FU303100 CUSTOMER SITE NAME/ NUMBER: ATC North Palm BeachlNIA specifications described therein are in compliance with federal, state or local laws, ordinances, rules or regulations or that such installation shall not cause impermissible or unlawful interference. In the event of inconsistency or discrepancy between (a) Exhibit A and Exhibit B hereto, Exhibit A shall govern, and (b) between Exhibit A (with respect to Approved Equipment and antenna locations) together with Exhibit B (with respect to ground space installation locations) and Exhibit C hereto, Exhibits A and B shall govern, notwithstanding any approval or signature by Licensor or its agents. Licensee hereby acknowledges and agrees that installation of the Approved Equipment must be in strict accordance with the approved Construction Drawings and Exhibit A and B. 4. USE. Licensee may use the Licensed Premises only for the receipt and transmission of wireless communications signals in the transmitting signals shown on page 1 of this Agreement and, if such licensure is required, licensed to Licensee by the Federal Communications Commission (“FCC”). The Parties acknowledge and agree that the Approved Equipment at this Tower Site shall be solely for Licensee’s own use and under no circumstances shall such use be shared with, or such Approved Equipment otherwise be used by or for the benefit of (whether directly or indirectly) any other person or entity, including, any other person or entity with which Licensee or any other person or entity referred to herein has a marketing, management, joint venture infrastructure-sharing or other contractual arrangement, except for a direct or indirect owner of all of the equity or other interests in Licensee or an entity wholly owned by Licensee. The Approved Equipment shall be utilized by Licensee solely for services to be provided to Licensee’s End Users. For the purposes of this section 4, “End Users” means any person or entity that subscribes to Licensee’s services and does not resell such services to, or otherwise make such service available to, others and persons or entities that subscribe to sewices provided by other telecommunications carriers in accordance with industry standard roaming agreements and that do not market their telecommunications products or services in the MTA or BTA in which the Tower Site is located. In no event may Licensee diplex or combine signals or grant any shared use rights for itself or others. 5. LICENSE FEES; TAXES; ASSESSMENTS. (a) Monthly License Fee. The Monthly License Fee as defined on page 1 of this Agreement as adjusted by the Annual Escalator, shall be payable in advance on the first day of each calendar month during the Term beginning upon the Commencement Date. If the Commencement Date is not the first day of a calendar month, the Monthly License Fee for any partial month shall be prorated on a daily basis. (b) Utilities. All utility services installed on the Tower Site for the use or benefit of Licensee shall be made at the sole cost and expense of Licensee and shall be separately metered from Licensor’s utilities. Licensee shall be solely responsible for extending utilities to the Tower Site as necessary for the operation of the Approved Equipment and for the payment of utility charges including connection charges and security deposits incurred by Licensee. Licensee shall obtain and pay the cost of telephone connections, the installation of which shall be in compliance with the procedures for installation and maintenance of Approved Equipment set forth herein. (c) Taxes. Licensee shall be responsible for the payment of any applicable taxes, fees or governmental assessments against any equipment, personal property andlor improvements owned, leased or operated by Licensee or directly associated with Licensee’s use of the Licensed Premises. Except as provided immediately hereinafter, Licensor shall pay all real property taxes Licensor is obligated to pay under the Ground Lease. Licensee shall reimburse Licensor for any increases in real property taxes which are assessed as a direct result of Licensee’s improvements to or Approved Equipment located on the Tower Site within 30 days of Licensor’s request for such reimbursement. Upon Licensee’s request, Licensor shall provide to Licensee copies of the documentation from the taxing authority, reasonably acceptable to Licensee, indicating the increase is due to Licensee’s improvements or Approved Equipment. (d) Federal Use Fees & Assessments. Licensee agrees to pay or reimburse Licensor for any and all taxes, fees, or other costs and expenses assessed upon or paid by Licensor to the United States Forest Service or Bureau of Land Management attributable to Licensee’s Approved Equipment, Licensee’s use of or Licensee’s presence at the Tower Site. (e) Payment Address. All payments due under this Agreement shall be made to Licensor at Licensor’s Remittance Address as more particularly shown on page 1 of this Agreement or such other address as Licensor may notify Licensee of in writing. (9 No Set-OfflAll Payments Rounded Up. All payments due under this Agreement shall be due without set-off, notice, counterclaim or demand from Licensor to Licensee and shall be rounded up to the nearest whole dollar amount. 6. TERM. A -- (a) Initial Term. The Initial Term of this Agreement shall be as specified on page I. 5 11115v9 ATC SITE NAME I NUMBER: North Palm Beach, FU303100 CUSTOMER SITE NAME/ NUMBER: ATC North Palm BeachlNIA (b) Renewal Term. The term of this Agreement may be extended for each of the Renewal Terms as specified on page 1 of this Agreement, provided that at the time of each such renewal, (i) the Ground Lease remains in effect and has not expired or been terminated, (ii) Licensee is not in default hereunder and no condition exists which if left uncured would with the passage of time or the giving of notice result in a default by Licensee hereunder and (iii) the original Licensee identified on page 1 of this Agreement has not assigned, sublicensed, subleased or otherwise transferred any of its rights hereunder except to, if at all, a Permitted Affiliate (as defined in section 19 herein). Provided that the foregoing conditions are satisfied, this Agreement shall automatically renew for each successive Renewal Term unless either Party notifies the other in writing of its intention not to renew this Agreement at least 180 days prior to the end of the then existing Term. (c) Holdover Term. If Licensee fails to remove the Approved Equipment at the expiration of the Term without a written agreement, such failure shall be deemed to extend the terms of this Agreement on a month-to-month basis under the same terms and conditions herein except that (i) a Monthly License Fee shall be due on or before the first day of every calendar month during such month-to-month term in an amount equal to 150% of the Monthly License Fee in effect for the last month of the Term (“Holdover Fee”), such Holdover Fee to escalate annually on the anniversary of the Commencement Date by an amount equal to 6% of the Holdover Fee in effect for the month immediately prior to the month in which escalation takes place, and (ii) the month-to-month extension shall be terminable upon 15 days’ prior written notice from either Licensor or Licensee to the other; provided, however, nothing contained herein shall grant Licensee the unilateral right to extend the Term of this Agreement after the expiration of the Term. In addition to the Monthly License Fee payable to Licensor in the event of an extension under this subsection 6(d), Licensee agrees to indemnify and hold Licensor harmless from all losses, costs, damages and expenses (including reasonable attorneys’ fees) arising out of or in connection with the extension, the operation of the Approved Equipment at the Tower Site and Licensee’s failure to perform all of its obligations under this Agreement at the termination or earlier expiration of this Agreement. LIMITED COMMON EXPENSES. Licensee and Licensor acknowledge that the Monthly License Fee includes an amount equal to a percentage (as more particularly described herein below) of the following costs, as applicable: (i) all common expenses incurred for the operation, maintenance, repair and replacement of common facilities at the Tower Site including, without limitation, fences, gates, access roads, the tower structure, (ii) all expenses incurred for the operation, maintenance, repair and replacement associated with any building or shelter in which Licensee licenses space from Licensor, including, without limitation, the physical structure of the building, HVAC system, and common utility expenses; and (iii) all expenses incurred for the operation, maintenance, repair and replacement associated with any generator, or other backup power source owned by the Licensor to which the Licensee is connected, including, without limitation, fuel expenses (collectively, the “Maintenance Expenses”). Licensee’s percentage of the Maintenance Fee is determined annually by dividing 1 by the number of users on the Tower Site as of the Commencement Date and on each anniversary of the Commencement Date thereafter during the Term of this License (the ”Maintenance Fee Percentage”). The initial Maintenance Fee Percentage is set forth on page 1 of this Agreement. Licensor may review the Maintenance Expenses annually, and, if, as the result of such review, Licensor determines, in its sole discretion, that Licensee’s Maintenance Fee Percentage has changed or that the aggregate Maintenance Expenses incurred at the Site by Licensor have increased by more than ten percent (10%) over such Maintenance Expenses as of the Commencement Date, or as of the date of the last Monthly License Fee increase resulting from increased Maintenance Expenses, Licensor may, but is not required, to impose an additional fee for Licensee’s share of such an increase in the Maintenance Expenses in amount equal to Licensee’s Maintenance Fee Percentage of such actual increased Maintenance Expenses. If such a fee is imposed, Licensor shall adjust the Monthly License Fee to include such fee, and. shall notify Licensee in writing of such increase in the Monthly License Fee. Any such change in the Monthly License Fee resulting from an increase in the Maintenance Expenses will take effect with the next payment of the Monthly License Fee coming due after Licensee’s receipt of such notice. Licensor’s election not to conduct such a Maintenance Expenses review in any given year during the Term of the Agreement shall not operate as a waiver of Licensor‘s right to conduct such a review and adjust the Monthly License Fee accordingly in any other such year. 8. SITE INSPECTION. Concurrent with Licensee’s delivery of a fully executed License to Licensor, or before the date of any subsequent modifications to or installation of additional Approved Equipment, Licensee shall pay Licensor the Site Inspection Fee as defined on page 1 of this Agreement. In the event that Licensor installs Licensee’s Approved Equipment, Licensor shall waive the Site Inspection Fee with respect to such installation. Licensee acknowledges that any Site Inspection performed by Licensor of Licensee’s installation is for the sole purpose and benefit of the Licensor and its affiliates, and Licensee shall not infer from or rely on any inspection by Licensor as assuring Licensee’s installation complies with any applicable federal, state or local laws, ordinances, rules and regulations, that the installation was performed in a good, workmanlike manner or that such installation will not cause impermissible or unlawful interference. 7. 9. LABELING. Licensee shall identify its equipment and equipment cabinets (unless such cabinet is located in a building owned by Licensee) with labels permanently affixed thereto, indicating Licensee’s name, contact phone number, and installation date. Licensee’s coaxial cables shall be labeled at both the top and bottom of the Tower. If Licensee fail to so identify its equipment, Licensor may, in its sole discretion, declare Licensee to be in default of its obligations under this Agreement, terminate electric power to the Approved Equipment and remove the Approved Equipment from the A )uIIKL.IIIow.I 6 11115~9 ATC SITE NAME I NUMBER: North Palm Beach, FU303100 CUSTOMER SITE NAME/ NUMBER: ATC North Palm BeachINIA Tower, or Licensor may label Licensee’s equipment and assess against Licensee a fee of $1,500.00, as increased annually on each anniversary of the Commencement Date by a percentage rate increase equal to the Annual Escalator, which upon invoice shall become immediately due and payable. Licensee’s right to cure under Section 21 of this Agreement shall not be applicable to Licensee’s failure to properly label its Approved Equipment. IO. IMPROVEMENTS BY LICENSEE (a) Installation and Approved Vendors. Prior to the commencement of any construction or installation work (the “Work) on the Tower Site, Licensee shall submit to Licensor for review and approval, which approval shall not be unreasonably withheld, detailed plans and specifications accurately describing all aspects of the proposed Work. Licensee shall notify Licensor no less than 5 days prior to the date upon which Licensee intends to commence any construction or installation at the Tower Site, together with a construction schedule, so Licensor has the opportunity to be present during any such installation or construction. Licensee shall not commence Work on the Tower Site until Licensor issues to Licensee a NTP. Licensor shall issue a NTP only upon request from the Licensee and receipt of the following complete and accurate documentation: (1) evidence that any contingencies set forth in the approval of Licensee’s application have been satisfied; (2) evidence that Licensee has obtained all required governmental approvals including, but not limited to, zoning approvals, building permits, and any applicable environmental approvals including copies of the same; (3) a copy of the plans and specifications that have been approved by Licensor for the proposed equipment installation; (4) evidence that any contractors other than Licensor that will be performing work on the Tower Site are on Licensor’s approved vendor list, with valid and current worker’s compensation and general liability insurance certificates on file with Licensor naming Licensor as an additional insured and which otherwise satisfy the insurance coverage requirements set forth in section 15 of this Agreement; and (5) a construction schedule. In no event will a NTP be issued prior to the payment by Licensee of the Application Fee provided for on Page 1 of this Agreement. Notwithstanding anything to the contrary in this Agreement, Licensor reserves the right, in its sole discretion, to refuse to permit any person or company to climb the Tower. (b) Structural Analysisllnterference Analysis. Prior to the commencement of any Work on the Tower Site by or for the benefit of the Licensee, Licensor may, in its reasonable discretion, perform or cause to be performed a structural analysis or require a professional engineer’s certified letter to determine the availability of capacity at the Tower Site for the installation or modification of any Approved Equipment and/or additional equipment at the Licensed Premises by Licensee. Licensee agrees to remit payment to Licensor for all reasonable costs and expenses incurred by Licensor for such structural analysis or professional engineer’s certified letter within 30 days following receipt of an invoice from Licensor. The foregoing payment shall be at Licensor‘s prevailing rates for the performance of same or the amount Licensor‘s vendor is then charging Licensor, as applicable. In the event a structural analysis is performed after the execution of this Agreement by Licensor but prior to the initial installation of Licensee’s Approved Equipment, and such analysis indicates that the existing Tower cannot accommodate the proposed installation of Licensee’s Approved Equipment thereon, Licensor or Licensee may terminate this Agreement upon written notice at any time prior to the commencement of Licensee’s installation. Prior to the commencement of any initial or subsequent construction or installation on the Tower Site by or for the benefit of the Licensee and/or the modification of the Licensee’s radio frequencies propagated from the Licensed Premises, Licensor may elect to perform a shared site interference study (“SSIS”) and Licensee shall pay Licensor a fee of $1,600.00 per study, as adjusted annually on the anniversary of the Commencement Date by a percentage rate equal to the Annual Escalator. This fee shall be payable at the time of Licensee’s application or immediately upon a determination by Licensor that a SSlS is required. In the event a SSlS is performed after the execution of this Agreement by Licensor but prior to the installation of Licensee’s Approved Equipment, and such SSlS indicates that the proposed installation of Licensee’s Approved Equipment on the Tower is acceptable, such an indication in no way relieves the Licensee of its obligations under section 11 herein. Licensor hereby grants Licensee reasonable access to the Licensed Premises for the purpose of installing and maintaining the Approved Equipment and its appurtenances. Except as otherwise provided, Licensee shall be responsible for all site Work to be done on the Leased Premises or the Easement pursuant to this Agreement. Licensee shall provide all materials and shall pay for all labor for the construction, installation, operation, maintenance and repair of the Approved Equipment. Licensee shall not construct, install or operate any equipment or improvements on the Tower Site other than those which are described on Exhibit A, alter the radio frequency described on page 1 of this Agreement, or alter the operation of the Approved Equipment. Licensee shall submit an application (“Application”), utilizing Licensor’s then current form, to request the right to replace or modify its Approved Equipment, alter the radio frequency of the Approved Equipment or increase the Ground Space, which Application shall be accompanied by a Relocation Application Fee. Licensor shall evaluate for approval the feasibility of Licensee’s request, which approval shall be in Licensor‘s sole discretion. Licensee acknowledges that any such relocation or modification of the Approved Equipment may result in an increase in the Monthly License Fee. Licensee shall have the right to remove all Equipment at Licensee’s sole expense on or before the expiration or earlier termination of the License provided Licensee repairs any damage to the Tower Site or the Tower caused by such removal. Within 30 days of the expiration or termination of this Agreement for any reason, Licensee shall: (i) remove the Approved Equipment and any other property at the Tower Site of Licensee from the Licensed Premises at Licensee’s sole risk, cost, and expense; (ii) deliver the (c) Equipment; Relocation, Modification. 7 ATC SITE NAME / NUMBER: North Palm Beach, FU303100 CUSTOMER SITE NAME/ NUMBER: ATC North Palm Beach/N/A Licensed Premises in substantially the same and in as good a condition as received (ordinary wear and tear excepted); and (iii) repair any damage caused by the removal of the Approved Equipment within 10 days of the occurrence of such damage. If Licensee fails to timely pay the Holdover Fee and/or does not remove its Approved Equipment within 30 days after the expiration or termination of this Agreement, (i) the Approved Equipment shall be deemed conclusively and absolutely abandoned by Licensee and anyone claiming by, through, or under Licensee except for Hazardous Materials (defined in section 26 herein) and waste and Approved Equipment containing Hazardous Materials and waste, which must be removed by Licensee from the Licensed Premises and Easement prior to the expiration or earlier termination of this Agreement; and (ii) Licensor shall have the right to remove the Approved Equipment at Licensee’s sole expense and dispose of such Approved Equipment in any manner Licensor so elects, and Licensee shall reimburse Licensor for its expenses upon demand without off-set. 11. RF INTERFERENCE/ USER PRIORITY. (a) Definitions. For purposes of this section 11, the following capitalized terms shall have the meanings set forth herein: Interference includes any performance degradation, misinterpretation, or loss of information to a radio communications system caused by unwanted energy emissions, radiations, or inductions, but shall not include permissible interference as defined by the FCC, and in addition, with regard to Unlicensed Frequencies, congestion. Licensed Frequencies are those certain channels or frequencies of the radio frequency spectrum that are licensed by the FCC in the geographic area where the Tower Site is located. A Licensed User is any user of the Tower Site, including Licensee, that transmits and/or receives Licensed Frequencies at the Tower Site, but only with respect to such Licensed Frequencies. A Priority User is any Licensed User of the Tower Site that holds a priority position in relationship to Licensee for protection from Interference, as determined in this section 11, which status is subject to change as set forth herein. A Subsequent User is any user of the Tower Site that holds a subordinate position in relationship to Licensee for protection from Interference, as determined in this section 11, which status is subject to change as set forth herein. Unlicensed Frequencies are those certain channels or frequencies of the radio frequency spectrum that are not licensed by the FCC and are available for use by the general public in the geographic area where the Tower Site is located. An Unlicensed User is any user of the Tower Site, including Licensee, that transmits and/or receives Unlicensed Frequencies at the Tower Site, but only with respect to such Unlicensed Frequencies. (b) Information. Licensee shall cooperate with Licensor and with other lessees, licensees or occupants of the Tower Site for purposes of avoiding Interference and/or investigating claims of Interference. Upon request, Licensee, within 10 days of Licensor’s request, shall provide Licensor with a list of Licensee’s transmit and receive frequencies and Approved Equipment specifications necessary to resolve or investigate claims of Interference. (c) Unlicensed Frequencies. Notwithstanding any other provision contained herein, as among Licensor, Licensee and other users of the Tower or Tower Site, (i) an Unlicensed User shall have no priority with respect to any other FCC Unlicensed Users with respect to Interference; and (ii) an Unlicensed User’s rights and obligations with respect to such Interference shall be determined and governed by FCC Rules and Regulations and any other applicable law. Licensor expressly disclaims any and all warranties and accepts no responsibility for management, mediation, mitigation or resolution of Interference among FCC Unlicensed Users operating at the Tower Site and shall have no liability therefor. (d) Licensed Frequencies. Subject to FCC Rules and Regulations and other applicable law, the Parties acknowledge and agree that the accepted industry standard for priority protection from Interference between multiple Licensed Users has been based on the priority of occupancy of each user to another user of the Tower or Tower Site, which priority within Licensor has been based on submittal of its collocation application by any user, including Licensee. Should application of FCC Rules and Regulations and other applicable law not resolve any claims of Interference consistent with subsections Il(e), Il(9 and 11(g) below, as among Licensor, Licensee and other users of the Tower Site, (i) each Licensed User’s priority shall be maintained so long as the Licensed User does not change the equipment and/or frequency that it is entitled to use at the Tower Site at the time of its initial occupancy; and (ii) 8 11 1 I5v9 ATC SITE NAME I NUMBER: North Palm Beach, FU303100 CUSTOMER SITE NAME/ NUMBER: ATC North Palm BeachINIA Licensee acknowledges and agrees that if Licensee replaces its Approved Equipment or alters the radio frequency of the Approved Equipment to a frequency range other than as described on page 1 of this Agreement, Licensee will lose its priority position for protection from Interference with regard to Approved Equipment operating at the new frequency in its relationship to other Licensed Users which are in place as of the date Licensee replaces its Approved Equipment or alters its radio frequency, consistent with this section 11. (e) Correction. (i) Licensee. Licensee agrees not to cause Interference with the operations of any other user of the Tower or Tower Site and to comply with all other terms and provisions of this section 11 imposed upon Licensee. If Licensor determines, in its reasonable discretion based on standard and accepted engineering practices, that Licensee’s Approved Equipment is causing Interference to the installations of Licensor or a Priority User, Licensee shall, within 48 hours of notification from Licensor, commence such actions as are necessary to mitigate or eliminate the Interference, with the exception of ceasing Licensee’s operations. If Licensee cannot mitigate or eliminate such Interference within the 48 hour period, Licensor may file a complaint with the FCC (currently the FCC’s Enforcement Bureau, Spectrum Enforcement Division) or if such other user of the Tower Site which is subject to Interference from the Licensee’s Approved Equipment is a Priority User, then upon the request of such Priority User consistent with Licensor’s contractual obligations owed to the Priority User, Licensor may require that Licensee turn off or power down its interfering Approved Equipment and only power up or use such Approved Equipment during off- peak hours specified by Licensor in order to test whether such Interference continues or has been satisfactorily eliminated. If Licensee is unable to resolve or eliminate, to the satisfaction of Licensor, such Interference within 30 days from Licensee’s initial notification thereof, Licensee will immediately remove or cease operations of the interfering Approved Equipment. (ii) Licensor. Upon the request of Licensee, Licensor hereby covenants to take commercially reasonable efforts to prohibit a Subsequent User from causing Interference with the operations of Licensee to the extent Licensee is a Priority User pursuant this section 11. If Licensor determines, in its reasonable discretion based on standard and accepted engineering practices, that a Subsequent User’s equipment is causing Interference to the installations of Licensee, upon Licensee’s request, Licensor shall, within 48 hours of request, commence such actions as are necessary to mitigate or eliminate the Interference, with the exception of ceasing Subsequent User’s operations. (iii) Government Users. Notwithstanding the foregoing, if another user of the Tower or Tower Site is a governmental entity, Licensor shall give such governmental entity written notice of the Interference within 5 business days of Licensor’s determination that such action is reasonably necessary. Licensor shall have the right to give the governmental entity 5 business days, or more as specified in the governmental site or occupancy agreement or as required by applicable law, from the receipt of such notice prior to Licensor being required to take any actions required by this subsection 11 (e) to cure such Interference. (9 FCC Requirements Regarding Interference. Nothing herein shall prejudice, limit or impair Licensee’s rights under applicable law, including, but not limited to, FCC Rules and Regulations to redress any Interference independently of the terms of this section 11. Notwithstanding anything herein to the contrary, the provisions set forth in this section 11 shall be interpreted in a manner so as not to be inconsistent with applicable law, including, but not limited to, FCC Rules and Regulations and nothing herein relieves Licensee from complying with all applicable laws governing the propagation of radio frequencies and/or radio frequency interference. The Parties acknowledge that currently FCC Rules and Regulations govern the obligations of wireless telecommunication service providers with respect to the operation of equipment and use of frequencies. Consequently, the provisions set forth in this section 11 are expressly subject to CFR, Title 47, including but not limited to Part 15, et seq, governing Radio Frequency Devices; Part 20, et seq, governing commercial mobile radio services; Part 24, et seq, governing personal communications services; and Part 90, et seq, governing private land mobile radio services. In addition, in accordance with good engineering practice and standard industry protocols, licensees employ a wide range of techniques and practices, including those involving the use of proper types of equipment as well those related to the adjustment of operating parameters, in a mutually cooperative effort to identify and mitigate sources of Interference. The obligation of Part 20 licensees, including, but not limited to, private paging, specialized mobile radio services, cellular radiotelephone service and personal communications services, to avoid Interference is set forth in 47 CFR Part 90, Subpart N - Operating Requirements, §90.403(e). Claims of Interference are ultimately cognizable before the FCC’s Enforcement Bureau, Spectrum Enforcement Division. Licensee shall observe good engineering practice and standard industry protocols, applying such commercially reasonable techniques as constitute best practices among licensees, in the deployment of their frequencies and the operation of the Approved Equipment. If Licensee deploys its frequencies or operates the Approved Equipment in a manner which prevents any other user of the Tower or Tower Site from decoding signal imbedded in their licensed frequencies such that the Spectrum Enforcement Division makes a determination that the Licensee is the cause of the Interference and Licensee fails or refuses to mitigate or eliminate the Interference within the time and manner proscribed by the Spectrum Enforcement Division, Licensee shall be default of this Agreement and the remedies set forth in section 22 shall apply. A 9 1 ATC SITE NAME / NUMBER: North Palm Beach, FU303100 CUSTOMER SITE NAME/ NUMBER: ATC North Palm BeachlNIA (9) Public Safety Interference. As of the Commencement Date, Licensor and Licensee are aware of the publication of FCC Final Rule, Private Land Mobile Services; 800 MHz Public Safety Interference Proceeding, federal Register: November 22, 2004 (Volume 69, Number 224), Rules and Regulations, Page 67823-67853 (“Final Rule”). Claims of Interference made by or against users which are public safety entities shall be in compliance with the Final Rule as and when effective, or otherwise in accordance with FCC Rules and Regulations. SITE RULES AND REGULATIONS. Licensee agrees to comply with the reasonable rules and regulations established from time to time at the Tower Site by Licensor, which may be modified by Licensor from time to time upon receipt by Licensee of such revised rules and regulations. Such rules and regulations will not unreasonably interfere with Licensee’s use of the Leased Premises under this Agreement. 13. CASUALTY; CONDEMNATION. (a) Casualty. In the event the Tower or other portions of the Tower Site are destroyed or so damaged so as to materially interfere with Licensee’s use and occupancy thereof, Licensor or Licensee shall be entitled to elect to cancel and terminate this Agreement on the date of destruction of that portion of the Tower Site and any unearned Monthly License Fee paid in advance of such date shall be refunded by Licensor to Licensee within thirty (30) days of the termination date of this Agreement. Notwithstanding the foregoing, Licensor may elect to restore the Tower Site, in which case Licensee and Licensor shall remain bound hereby but Licensee shall be entitled to an abatement of the Monthly License Fee during the loss of use. If Licensor elects to restore the Tower Site the decision to restore must be made, and Licensee notified of the decision, within 30 days from the date of destruction. The restoration of the Tower Site must be sufficiently completed to allow Licensee to utilize the Tower Site for its designated purposes within 180 days from the date of destruction. If the Tower Site is not so restored within such 180 day time period, then Licensee’s sole remedy shall be to terminate this Agreement upon written notice to Licensor. (b) Condemnation. If the whole or a substantial part of the Tower Site shall be taken by any public authority under the power of eminent domain or in deed or conveyance in lieu of condemnation so as to materially interfere with Licensee’s use thereof and benefits therefrom, then this Agreement shall terminate as of the date of possession by such authority of that part, and Licensor or Licensee shall have the right to terminate this Agreement and any unearned Monthly License Fee paid in advance of such termination shall be refunded by Licensor to Licensee within 30 days following the termination of this Agreement. Notwithstanding the foregoing, Licensor may elect to rebuild the Tower on an alternate location or property owned, leased or managed by Licensor, in which case Licensee and Licensor shall remain bound hereby but Licensee shall be entitled to an abatement of Monthly License Fee during the loss of use. Upon such relocation of the Tower, the Tower Site shall be modified to include the new Tower and the property on which the new Tower is located and this Agreement shall be amended accordingly to clarify the rights of Licensor and Licensee with respect to the new Tower Site. Licensee agrees not to make a claim to the condemning authority for any condemnation award to the extent such claim shall diminish or affect the award made to Licensor with regard to such condemnation. 14. COMPLIANCE WITH LAWS. Licensor shall be responsible for compliance with any marking and lighting requirements of the Federal Aviation Administration (“FAA) and the FCC applicable to the Tower Site, provided that if the requirement for compliance results from the presence of the Approved Equipment on the Tower, Licensee shall pay the costs and expenses therefore (including any lighting automated alarm system so required). Licensee has the responsibility of carrying out the terms of Licensee’s FCC license with respect to tower light observation and notification to the FAA if those requirements imposed on Licensee are in excess of those required of Licensor. Notwithstanding anything to the contrary in this Agreement, Licensee shall at all times comply with all applicable laws and ordinances and all rules and regulations of municipal, state and federal governmental authorities relating to the installation, maintenance, location, use, operation, and removal of the Approved Equipment and other alterations or improvements authorized pursuant to the provisions of this Agreement. 15. INDEMNIFICATION; INSURANCE. Licensor and Licensee each indemnifies the other against and holds the other harmless from any and all costs, demands, damages, suits, expenses, or causes of action (including reasonable attorneys’ fees and court costs) which arise out of the use andlor occupancy of the Tower Site by the indemnifying Party. This indemnity does not apply to any claims arising from the gross negligence or intentional misconduct of the indemnified Party. Notwithstanding the foregoing indemnity, except for its own acts of gross negligence or intentional misconduct, Licensor will have no liability for (i) personal injury or death, (ii) loss of revenue sustained by Licensee, (iii) imperfect communications operations experienced by Licensee for any reason, or (iv) acts of third parties, including but not limited to other licensees, subtenants, contractors or subcontractors of Licensor. Licensor and Licensee shall keep in full force and effect, during the Term of this Agreement, insurance coverage in accordance with Exhibit E attached hereto. Regardless of the foregoing, the Licensor and Licensee agree that the indemnification herein is subject to Section 768.28, Florida Statutes. 16. LIMITATION OF PARTIES’ LIABILITY. NEITHER LICENSOR NOR LICENSEE SHALL BE RESPONSIBLE FOR, AND HEREBY WAIVES ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES INCURRED RESULTING FROM (i) LICENSEE’S USE OR LICENSEE’S INABILITY TO USE THE TOWER SITE, OR (ii) DAMAGE TO THE OTHER’S A AuuIllolM 10 11115~9 ATC SITE NAME / NUMBER: North Palm Beach, FU303100 CUSTOMER SITE NAME/ NUMBER: ATC North Palm Beach/N/A EQUIPMENT. If Licensor shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Agreement or is charged with an indemnity obligation hereunder, and if Licensee shall, as a consequence thereof, recover a money judgment against Licensor (whether compensatory or punitive in nature), Licensee agrees that it shall look solely to Licensor’s right, title and interest in and to the Tower Site and the Tower for the collection of such judgment, and Licensee further agrees that no other assets of Licensor shall be subject to levy, execution or other process for the satisfaction of Licensee’s judgment, and that Licensor shall not be personally liable for any deficiency. 17. DISCLAIMER OF WARRANTY. LICENSOR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ASSOCIATED WITH THE TOWER SITE OR THE TOWER. LICENSEE HEREBY ACCEPTS THE TOWER SITE “AS IS, WHERE IS, WITH ALL FAULTS.” 18. NOTICES. Any required’or permitted notice or demand shall be made by certified mail, postage prepaid or via nationally recognized overnight courier service addressed to the other Party at the address set forth on page 1. Either Party may modify, add, or delete notice addresses from time to time by notice given in accordance with this section. Any notice or demand shall be deemed to have been given or made the next business day after being deposited in a United States Post Office or with a private overnight courier service. 19. ASSIGNMENT; SUBLEASING. Licensee may not assign this Agreement as a whole, or any portion of Licensee’s rights, title and interests hereunder without Licensor’s prior written consent; provided, however, that Licensor‘s consent will not be required for an assignment to (i) any person or entity which is directly or indirectly (through one or more subsidiaries) controlled by, controlling or under common control with Licensee, (ii) is the successor or surviving entity by a merger or consolidation of such entity pursuant to applicable law, or (iii) purchases substantially all the assets of Licensee (collectively, “Permitted Affiliate”). For the purpose of this section 19, “control” means ownership, directly or indirectly, of 50% or more of the voting stock, equity or beneficial interest or a general partner of any partnership, and the ability to effectively control or direct the business of Licensee. In no event may Licensee sublet, sublease, or permit any other similar use of the Tower Site or Licensed Premises by any other party. Any permitted assignee shall expressly assume, and become bound by, all of Licensee’s obligations under this Agreement. Licensor may freely assign, transfer, or sublease this Agreement and, in such event, Licensor shall be relieved of all of its obligations under this Agreement from and after the date of such assignment, transfer, or sublease. Licensee shall pay Licensor a fee of $500.00 (which fee shall increase annually on each anniversary of the Commencement Date by a percentage rate increase equal to the Annual Escalator) in each instance in which Licensee requests Licensor to consent to an assignment of this Agreement or in which Licensee seeks an estoppel certificate, nondisturbance agreement, subordination agreement or other similar agreement to defray the administrative cost incurred by Licensor to process such requests, prepare and process any necessary documentation, and modify its database and other information systems to reflect any such agreement. Such fee is due upon submission of Licensor’s request and is hereby deemed fully earned by Licensor upon receipt. Notwithstanding anything to the contrary, Licensor may condition its consent to any assignment, on among other things, (i) requiring that the assignee execute a new form of license agreement so long as the Monthly License Fee and Initial and Renewal Terms of such agreement are consistent with those set forth in this Agreement, and (ii) requiring the assignee to demonstrate that it maintains at the time of such assignment, as evidenced by current financial statements provided to Licensor, a financial position reasonably demonstrating the ability of such assignee to meet and perform the obligations of Licensee hereunder through the unexpired balance of the then current Initial Term or Renewal Term. Any purported assignment by Licensee in violation of the terms of this Agreement shall be void. This Agreement shall be binding upon the successors and permitted assigns of both Parties. 20. SUBORDINATION TO GROUND LEASE. The Parties acknowledge and agree that in the event Licensor’s rights in the Licensed Premises and/or any part of the Tower Site is derived in whole or part pursuant to an underlying lease, sublease, permit, easement or other right of use agreement (“Ground Lease”), all terms, conditions and covenants contained in this Agreement shall be specifically subject to and subordinate to the terms and conditions of an applicable Ground Lease. In the event that any of the provisions of the Ground Lease are in conflict with any of the provisions of this Agreement (other than those provisions relating to the length of term, termination rights or financial consideration), the terms of the Ground Lease shall control. Further, Licensee agrees to comply with the terms of such Ground Lease as applicable to the access and occupancy of the Licensed Premises. Notwithstanding anything contained in this Agreement to the contrary, if the Ground Lease expires or is terminated for any reason, this Agreement shall terminate on the effective date of such termination and Licensor shall have no liability to Licensee as a result of the termination of this Agreement. Licensor is under no obligation to extend the term of or renew the Ground Lease. Licensor shall give Licensee written notice of such termination or expiration of this Agreement as a result of the termination or expiration of the Ground Lease as soon as practicable. Unless prohibited by the terms of such Ground Lease, upon Licensee’s written request, Licensor shall provide a copy of any applicable Ground Lease with the economic terms and other terms that Licensor deems reasonably confidential redacted. 21. DEFAULT. The occurrence of any of the following instances shall be considered to be a default or a breach of this Agreement by Licensee: (i) any failure of Licensee to pay the Monthly License Fee, or any other charge for which Licensee has the responsibility of payment under this Agreement, within 10 business days of the date following written notice to Licensee from Licensor, or its designee, of such delinquency, it being understood, however, that Licensor is A -CAN- 11 1111sv9 ATC SITE NAME / NUMBER: North Palm Beach, FU303100 CUSTOMER SITE NAME/ NUMBER: ATC North Palm BeachlNIA obligated to provide such notice only two times in each calendar year, and the third instance of the failure to pay the Monthly License Fee or any other charge shall be an immediate default without notice to Licensee if not paid within 10 business days of the date when due; (ii) any failure of Licensee to perform or observe any term, covenant, provision or condition of this Agreement which failure is not corrected or cured by Licensee within 30 days of receipt by Licensee of written notice from Licensor, or its designee, of the existence of such a default; except such 30 day cure period shall be extended as reasonably necessary to permit Licensee to complete a cure so long as Licensee commences the cure within such 30 day cure period and thereafter continuously and diligently pursues and completes such cure; (iii) failure of Licensee to abide by the interference provisions as set forth in section 11; (iv) Licensee shall become bankrupt, insolvent or file a voluntary petition in bankruptcy, have an involuntary petition in bankruptcy filed against Licensee which cannot be or is not dismissed by Licensee within 60 days of the date of the filing of the involuntary petition, file for reorganization or arrange for the appointment of a receiver or trustee in bankruptcy or reorganization of all or a substantial portion of Licensee’s assets, or Licensee makes an assignment for such purposes for the benefit of creditors; (v) this Agreement or Licensee’s interest herein or Licensee’s interest in the Tower Site are executed upon or attached; (vi) Licensee commits or fails to perform an act which results in a default under or nonconformance with the Ground Lease by Licensor and the same shall not be cured within 5 business days (or such shorter time as permitted under the Ground Lease to cure) of the date following written notice to Licensee from Licensor, or its designee, of such default; or (vii) the imposition of any lien on the Approved Equipment except as may be expressly authorized by this License, or an attempt by Licensee or anyone claiming through Licensee to encumber Licensor‘s interest in the Tower Site, and the same shall not be dismissed or otherwise removed within 10 business days of written notice from Licensor to Licensee. 22. REMEDIES. In the event of a default or a breach of this Agreement by Licensee and after the Licensee’s failure to cure the same within the time allowed Licensee to cure such default, if applicable, then Licensor may, in addition to all other rights or remedies Licensor may have hereunder at law or in equity, (i) terminate this Agreement by giving written notice to the Licensee, stating the date upon which such termination shall be effective, accelerating and declaring to be immediately due and payable the then present value of all Monthly License Fees and other charges or fees which would have otherwise been due Licensor absent a breach of the Agreement by Licensee, discounted by an annual percentage rate equal to 5%, (ii) terminate electrical power to the Approved Equipment, and/or (iii) remove the Approved Equipment without being deemed liable for trespass or conversion and store the same at Licensee’s sole cost and expense for a period of 30 days after which the Approved Equipment, other than Hazardous Materials, will be deemed conclusively abandoned if not claimed by Licensee. Licensee shall pay all reasonable attorney’s fees, court costs, removal and storage fees (including any damage caused thereby), and other items of cost reasonably incurred by Licensor in recovering the Monthly License Fee or other fee or charge. Licensee shall not be permitted to claim the Approved Equipment until Licensor has been reimbursed for removal and storage fees. No endorsement or statement on any check or letter accompanying a check for payment of any monies due and payable under the terms of this Agreement shall be deemed an accord and satisfaction, and Licensor may accept such check or payment without prejudice to its right to recover the balance of such monies or to pursue any other remedy provided by law or in this Agreement. Licensor shall accept any such partial payment for the account of Licensee. Past due amounts under this Agreement will bear interest from the date upon which the past due amount was due until the date paid at a rate equal to 18% per annum, or at a lower rate if required by law in the state in which this Agreement is to be performed. In addition, Licensee shall be assessed a late payment fee equal to 25% of the then-current Monthly License Fee for any payment or reimbursement due to Licensor under this Agreement which is overdue by ten (IO) days or more and such fee shall be assessed for each 30 day period thereafter that any such amount (or portion thereof) remains unpaid. 23. GOVERNMENTAL APPROVALS; PERMITS. In the event that any governmental permit, approval or authorization required for Licensor’s use of, operation of, or right to license space to Licensee at the Tower Site is terminated or withdrawn by any governmental authority or third party as part of any governmental, regulatory, or legal proceeding, Licensor may terminate this Agreement. Licensee hereby agrees that in the event of a governmental or legal order requiring the removal of Licensee’s Approved Equipment from the Tower, the modification of the Tower, or the removal of the Tower, Licensee shall remove its Approved Equipment promptly, but in no event later than the date required by such order, at Licensee’s sole cost and expense. Licensor shall cooperate with Licensee in Licensee’s efforts to obtain any permits or other approvals that may be necessary for Licensee’s installation and operation of the Approved Equipment, provided that Licensor shall not be required to expend any funds or undertake any liability or obligation in connection with such cooperation. Licensor may elect to obtain such required approvals or permits on Licensee’s behalf, at Licensee’s sole cost and expense. In no event may Licensee encourage, suggest, participate in or permit the imposition of any restrictions or additional obligations whatsoever on the Tower Site or Licensor’s current or future use or ability to license space at the Tower Site as part of or in exchange for obtaining any such approval or permit. In the event that Licensee’s shelter or cabinets are installed above a third-party or Licensor-owned shelter or building, Licensee shall be solely responsible for obtaining any required approvals, or permits in connection with such shelter or cabinet installation, excepting the consent of other users at the Tower Site and/or the Ground Landlord which shall remain the sole responsibility of Licensor where required. 24. REPLACEMENT OF TOWER/RELOCATION OF APPROVED EQUIPMENT A wIICIILII0w.I (a) Replacement of Tower. Licensor may, at its election, replace or rebuild the Tower or a portion thereof. Such replacement will (i) be at Licensor’s sole cost and (ii) not result in an interruption of Licensee’s communications 12 11115v9 ATC SITE NAME / NUMBER: North Palm Beach, FU303100 CUSTOMER SITE NAME/ NUMBER: ATC North Palm Beach/N/A services beyond that which is necessary to replace the new Tower. Licensee may establish a temporary facility on the Tower Site to provide such services as Licensee deems necessary during any such construction by Licensor so long as adequate space is then available. The location of such temporary facilities shall be subject to Licensor‘s approval. At the request of either Party, Licensor and Licensee shall enter into an amendment to this Agreement to clarify the rights of Licensor and Licensee to the new Tower Site. (b) Relocation of Approved Equipment. Intentionally omitted 25. EMMISIONS. If antenna power output (“RF Emissions”) is presently or hereafter becomes subject to any restrictions imposed by the FCC or other governmental agency for RF Emissions standards on Maximum Permissible Exposure (“MPE”) limits, or if the Tower Site otherwise becomes subject to federal, state or local rules, regulations, restrictions or ordinances, Licensee shall comply with Licensor’s reasonable requests for modifications to the Approved Equipment which are reasonably necessary for Licensor to comply with such limits, rules, regulations, restrictions or ordinances and Licensor shall use commercially reasonable efforts to cause all other licensees of the Tower Site to promptly comply. If Licensor requires an engineering evaluation or other power density study be performed to evaluate RF Emissions compliance with MPE limits, then all reasonable costs of such an evaluation or study shall be paid proportionately by Licensee and all other licensees of the Tower within 30 days of Licensor’s request therefor. If said study or a study sponsored by any governmental agency indicates that RF Emissions at the Tower Site do not comply with MPE limits, then Licensee and Licensor, each for itself, shall immediately take any and all steps necessary to ensure that it is individually in compliance with such limits, up to and including cessation of operation, until a maintenance program or other mitigating measures can be implemented to comply with MPE and in addition, Licensor shall use commercially reasonable efforts to cause all other licensees of the Tower to take similar steps necessary to ensure that they are individually in compliance with such limits. 26. ENVIRONMENTAL INDEMNIFICATION. (a) Licensee. Licensee, its heirs, grantees, successors, and assigns shall indemnify, defend, reimburse and hold harmless Licensor from and against any and all environmental damages, caused by activities conducted on the Tower Site by Licensee, and (i) arising from the presence of any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation including petroleum or hydrocarbon based fuels such as diesel, propane or natural gas (collectively, “Hazardous Materials”) upon, about or beneath the Tower Site or migrating to or from the Tower Site, or (ii) arising in any manner whatsoever out of its or its contractors, subcontractors, employees and agents violation of any environmental requirements pertaining to the Tower Site and any of their activities thereon. Licensee covenants that it shall not nor shall Licensee allow its employees, agents or independent contractors to use, treat, store or dispose of any Hazardous Materials on the Licensed Premises or the Tower Site. (b) Licensor. Licensor, its grantees, successors, and assigns shall indemnify, defend, reimburse and hold harmless Licensee from and against any and all environmental damages arising from (i) the presence of Hazardous Materials upon, about or beneath the Tower Site or migrating to or from the Tower Site, or (ii) arising in any manner whatsoever out of the violation of any environmental requirement pertaining to the Tower Site and any activities thereon, either of which conditions came into existence prior to the execution of this Agreement and are solely attributable to activities conducted on the Tower Site by Licensor. Survivorship. The provisions of this section 26 shall expressly survive any termination or expiration of this Agreement. (c) 27. SUBROGATION. (a) Waiver. Licensor and Licensee waive all rights against each other and any of their respective consultants and contractors, agents and employees, for damages caused by perils to the extent covered by the proceeds of the insurance provided herein, except such rights as they may have to the insurance proceeds. All insurance policies required under this Agreement shall contain a waiver of subrogation provision under the terms of which the insurance carrier of a Party waives all of such carrier’s rights to proceed against the other Party. Licensee’s insurance policies shall provide such waivers of subrogation by endorsement. The Licensee shall require by appropriate agreements, written where legally required for validity, similar waivers from its contractors and subcontractors. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. (b) Mutual Release. Notwithstanding anything in this Agreement to the contrary, Licensor and Licensee each release the other and its respective affiliates, employees and representatives from any claims by them or any one claiming through or under them by way of subrogation or otherwise for damage to any person or to the Tower Site and to the fixtures, personal property, improvements and alterations in or on the Tower Site that are caused by or result from risks insured against under any insurance policy carried by each and required by this Agreement, provided that A 13 1111sv9 A ATC SITE NAME / NUMBER: North Palm Beach, FU303100 CUSTOMER SITE NAME/ NUMBER: ATC North Palm Beach/N/A such releases shall be effective only if and to the extent that the same do not diminish or adversely affect the coverage under such insurance policies and only to the extent of the proceeds received from such policy. 28. GOVERNING LAW. This Agreement shall be governed by the laws of the state in which the Tower Site is located, with the exception of its choice of laws provisions. If any provision of this Agreement is found invalid or unenforceable under judicial decree or decision, the remaining provisions of this Agreement shall remain in full force and effect. Any approval, consent, decision, or election to be made or given by a Party may be made or given in such Party’s sole judgment and discretion, unless a different standard (such as reasonableness or good faith) is provided for explicitly. 29. FINANCING AGREEMENT. Licensee may, upon written notice to Licensor, mortgage or grant a security interest in the Approved Equipment to any such mortgagees or holders of security interests including their successors and assigns. No such security interest shall extend to, affect or encumber in any way the interests or property of Licensor. 30. MISCELLANEOUS. Upon Licensor’s written request, Licensee shall promptly furnish Licensor with complete and accurate information in response to any reasonable request by Licensor for information about any of the Approved Equipment or utilities utilized by Licensee at the Tower Site or any of the channels and frequencies utilized by Licensee thereon. In the event that this Agreement is executed by Licensor, its Affiliates or any trade name utilized by the Licensor or its Affiliates and such signatory does not hold the real Tower Site or leasehold interest in the affected Tower Site, the execution of this Agreement shall be deemed to have been properly executed by the Licensor or Licensor’s Affiliate which properly holds such interest in the affected Tower Site. Either Licensor or Licensee may be referred to herein as a “Party” and both Licensor and Licensee together may be referred to herein as the “Parties”. Upon the termination or expiration of this Agreement, Licensee shall immediately upon the request of Licensor deliver a release of any instruments of record evidencing such Agreement. Notwithstanding the expiration or earlier termination of the Agreement, and sections 15, 16, 17, and 26 shall survive the expiration or earlier termination of the Agreement. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provision herein (whether or not similar), nor shall such waiver constitute a continuing waiver unless expressly agreed to in writing by the affected Party. This Agreement constitutes the entire agreement of the Parties hereto concerning the subject matter herein and shall supersede all prior offers, negotiations and agreements, whether written or oral. No revision of the Agreement shall be valid unless made in writing and signed by authorized representatives of both Parties. 31. CONFIDENTIALITY. Neither Party shall use the other’s name, service mark or trademark in any public announcement or advertisement without the prior written consent of the other Party, which may be withheld in such Party’s sole and absolute discretion. The offer of license expressed in this Agreement shall automatically expire and become void if two unaltered counterparts of this Agreement, executed by Licensee, are not delivered to Licensor within 30 days of the Effective Date. ATTACHED EXHIBITS: Exhibit A: List of Approved Equipment and location of the Licensed Premises Exhibit 6: Site Drawing indicating the location of ground space for Licensee’s equipment shelter or space in Licensor’s building (as applicable) Exhibit C: As-Built Drawings or Construction Drawings to be attached within 45 days after Commencement Date in accordance with Section 3. Exhibit D: Insurance. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 14 ATC SITE NAME / NUMBER: North Palm Beach, FU303100 CUSTOMER SITE NAME/ NUMBER: ATC North Palm BeachlNIA Exhibit A List of Approved Equipment and location of the Licensed Premises Initials: I EXHIBIT A 12 x 8 genw ADDITIONAL GROUND SPACE REQUIREMENTS (HXLx W) Cmry of Palm Bcach Cardcnr Nonh Palm Beach GROUND SPACE REQUIREMENTS INWOR CABINETS (ATC Buildtnp) n OUTDOOR SHELTER (Cuilomcr Building) BTS 0 LOCATIONOFCUSTOMER FOlllPMFNT UTI1 ITY COMPANY DIRECT POWER PROLIDEDRY ATC PROVIDFD -~. . - lox 12'x 14 EQUIPMENT SHELTERICABINFT'BTS DIMENSIONS (HxLxWIIR) X of RACKSICABINETSIBTS I Shelter I ILEASEDCROUND SPACE DIMENSIDNS(HxLxWl(ll1 12'2 12'x I4 ICONCRETt PAD DIMtNSION\ tLxU'I(RI 12'x 14 R hONC APPLICANT PRO\IDCD I GENERATOR INFORMATION MANUFACTURER Onan h<AhE hlODLL TBD C.APAClTY tKW1 3s FUEL TYPE NatwaI Car TANk SIZt son BODY TYPE Louvered Enclosed Lwking Cabinet ANTENNA QUANTITY I I I I I ANTENNA EOUIPMENT SPECIFICATIONS NIA MANUIACTURER TYPES OF ANTENNAS I I I I nX I NIA ]TRANSMITOR RECEIVE I Transmit RecWW TX RX TXIRX Ante1 AnlCl Harnr'Saatcr HarrirlSlratCx TXRX NIA Flbrrglasr Omnidirectional Whip Fiberglass Omnidirectional Whip MW Dish MW Dish TTAIMHA NIA MODEL n ANTENNA WElGHTlPer Anlmnal BCD 8007 BCD 8007 086-111121.101 086- I I 3 I 2 I -103 422.86A-99575 NIA 20 Ihr 20 Ihr 18s Ihr I85 Ihr 40 Ihr NIA ANTENNA DIMENSIONS (HxWxDI (Indicate fect or inchcil AhTCNNA MOUNT tltlGtlT(Rl 86 Long X 2 6 " Dm 86. Lonu X 2.6 " Diam 4 diam 4 dim 20r16"r6" NIA I50 182' 80 I10 182' NIA RAD CENTER ACL (HI MOUNTTYPE ~Flurh. Platform. Pipe, T-frame. ea I TOWER LEO ISY 187 80 I30 182' NIA Collar mount to monopole Collar mount to manoplc Flush Mount Io plc face NIA Side Mount Brackct ANTEL X Side Mount Bracket ANTEL 11 163 12000 36312001 Manaplc Top of Monopolc N/A NIA NIA NIA IIIRCCTION olRADIATION 1X FREQUENCY No Is equipment tranrmitting on unliccnrcd frequencies? (check hxl BUILDINGBHELTER EQUIPMENT SPECIFICATIONS TRANSMITTER #3 TRANSMITTER #6 TRANSMITTER 113 TRANSMITTER 14 TRANSMITTER YI TRANSMITTER #2 Omnidirectional Ornnidircctional 349 deg zimuth I71 deganmuth TBD NIA 856 0375.8S6-7125 MHz YA 105. I1 7CHz TBII N'A NIA RX tREQUFNCY U'A 811 0175-811 7125MH1 TBD TBD 806-815MHz KIA ANTENNA CAlh 65dtd 65dhd 40 dh 40 dh 17dB NIA ~~ ~ II of LINES PER ANTENNA LINE TYPE LINE DIAMETER I I I I I NIA Andrew LDF Andrew LDF Andrew LDF Andrew LDF Cat 5 Control Cablc NIA I 518' 718' 112" 112" 114" NIA MANIJtAClURER M'A-COM Communications MIA-TOM Communlcattonr NIA NIA NIA NIA ~~E&M~DEL Orcn Sky 'Skymmtr" Open Sky "Skymmr" N'A NIA NIA NIA TYPtofSERVlCE 8w MHz TDMA 801 MHzTDMA N:A NIA N'A NIA TX POWER OUTPUT iw wan$ inn wans NiA NIA N1A NIA FRP AVERAGE MONTHLY POWER CONSUMPTION (If Applicable I sw wan$ 500 wans NIA NIA NIA NIA 400 kwh 401 kwh NIA NIA NIA NIA ELECTRIC SERVICE REQUIRED (AmpsIVolts) CDMBINERIY of PORTS (Applicable only if using Mmtcr Combining Syrtrml 200 Amps 1 220 volts NIA NIA NIA NIA Using own combiner Using own comhincr NIA NIA NIA NIA ATC SITE NAME / NUMBER: North Palm Beach, FU303100 CUSTOMER SITE NAME/ NUMBER: ATC North Palm BeachlNIA Exhibit B Site Drawing indicating the location of ground space for Licensee’s equipment shelter or space in Licensor’s building (as applicable) Licensee shall not commence installation until Licensor has approved in writing said drawing and attached it hereto. Initials: / LJ ATC SITE NAME / NUMBER: North Palm Beach, FU303100 CUSTOMER SITE NAME/ NUMBER: ATC North Palm BeachlNIA Exhibit C As Built Drawings or Construction Drawings To be attached hereto within 45 days after the Commencement Date. ATC SITE NAME / NUMBER: North Palm Beach, FU303100 CUSTOMER SITE NAME/ NUMBER: ATC North Palm BeachlNIA Exhibit D Insurance A. LICENSOR shall maintain in full force during the term of this Agreement the following insurance: 1. Worker’s Compensation Insurance with statutory limits in accordance with all applicable state, federal and maritime laws, and Employers’ Liability Insurance with minimum limits of $500,000.00 per accident/occurrence, or in accordance with all applicable state, federal and maritime laws. 2. Commercial General Liability Insurance (Bodily Injury and Tower Site Damage), the limits of liability of which shall not be less than $1,000,000.00 per occurrence. 3. An umbrella policy of not less than Five Million Dollars ($5,000,000.00). The above insurance shall provide that LICENSEE will receive not less than 30 days written notice prior to any cancellation of, or material change in coverage. The insurance specified in this Item A shall contain a waiver of subrogation against LICENSEE and shall name LICENSEE as an additional insured, and shall be primary over any insurance coverage in favor of LICENSEE but only with respect to and to the extent of the insured liabilities assumed by LICENSOR under this Agreement and shall contain a standard cross-liability endorsement. B. LICENSEE shall maintain in full force during the term of this Agreement and shall cause all contractors or subcontractors performing Work on any Licensed Site prior to the commencement of any such Work on behalf of Licensee to maintain the following insurance: 1. Worker’s Compensation Insurance with statutory limits in accordance with all applicable state, federal and maritime laws, and Employers’ Liability Insurance with minimum limits of $500,000.00 per accidentloccurrence, or in accordance with all applicable state, federal and maritime laws. 2. Commercial General Liability Insurance (Bodily Injury and Tower Site Damage), the limits of liability of which shall not be less than $1,000,000.00 per occurrence. 3. An umbrella policy of not less than Five Million Dollars ($5,000,000.00). The above insurance shall provide that LICENSOR will receive not less than 30 days written notice prior to any cancellation of, or material change in coverage. The insurance specified in this Item B shall contain a waiver of subrogation against LICENSOR and shall name LICENSOR as additional insured, and shall be primary over any insurance coverage in favor of LICENSOR but only with respect to and to the extent of the insured liabilities assumed by LICENSEE under this Agreement and shall contain a standard cross-liability endorsement. C. Notwithstanding the foregoing insurance requirements, (a) the insolvency, bankruptcy, or failure of any insurance company carrying insurance for either Party, or failure of any such insurance company to pay claims accruing, shall not be held to waive any of the provisions of this Agreement or relieve either Party from any obligations under this Agreement, and (b) the Licensor reserves the right, from time to time, to increase the required liability limits described above in Items A and/or B in accordance with then-current customary insurance requirements in the tower industry nationally. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: 3/5/08 Meeting Date: 5/1/08 Resolution: 35,2008 SubjectlAgenda Item: Procurement of radio subscriber units (mobile and portable) for use on the new radio system, from M/A-COM. The radio system is scheduled to become operational in approximately 90 days. [ X ] Recommendation to APPROVE I1 Recommendation to DENY Reviewed by: City Attorney Finance Adminier Submitted by: Stephen J. Stepp Department Director I City Manager Originating Dept.: Advertised: w Date: Paper: [ x ] Not Required Affected parties ublotified [ ] Not required costs: $ 516.770 (Total) $ 516,770 Current FY Funding Source: [ ] Operating [ x ] Other Impact Fund Budget Acct.#: 302.1000.521.6400 Council Action: [ ]Approved& conditions [ ] Denied [ ] Continued to: Attachments: M/A-COM proposal - w Tyco Electronics Tyco Electronics Corporation 14230 Carlson Circle Tampa, FL 33626 www.tycoeIectronics.com 813 854 3752 tel 813 814 7584 fax April 17, 2008 Officer Kevin O’Connor Palm Beach Gardens Police Dept. 10500 Military Trail Palm Beach Gardens, FL 33410 Ref: Price Quote - rebanding upgradedadditional radio purchase Dear Kevin, MIA-COM, Inc. is pleased to provide the attached price quote to the City of Palm Beach Gardens for $516,770, which includes both the price to upgrade the Sprint-Nextel rebanding radios and the additional radio purchases required by Palm Beach Gardens PD. To explain briefly, Sprint-Nextel is providing replacement radios through the FCC mandated rebanding process. These replacement radios are incapable of working on the newly installed MPSCC infrastructure and therefore, M/A-COM is offering an upgrade towards the purchase of the correct model of radios that will operate on the new radio system. Thank you for your consideration of the attached price quotes and if you have any questions, please feel free to call me at any time. Ph. 81 3-240-6619 Sincerely, David Jacobs Area Sales Manager Attachment m e -J w VI (0 0 x w e 4 iu VI A I.. m e 4 -4 P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION 35,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE PURCHASE OF RADIO SUBSCRIBER UNITS (MOBILE AND PORTABLE) FROM PROVIDING AN EFFECTIVE DATE. MIA-COM FOR USE ON THE NEW RADIO SYSTEM; AND WHEREAS, the City of Palm Beach Gardens, in conjunction with other cities in Palm Beach County, is in the process of implementing a new radio system which will increase the interoperability between other cities and law enforcement agencies; and WHEREAS, the radio system is expected to become operational in 90 days and it is the responsibility of each city to supply radios to their officers to access the new radio system; and WHEREAS, the total radios being purchased are 96 mobile radios and 140 portable; and WHEREAS, the cost of the radios is $925,845 less $409,075 from Nextel, which funding came from our negotiations with them for the cost of rebanding and radio replacement; and WHEREAS, the City Council of the City of Palm Beach Gardens deems approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE ClN COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the procurement of radio subscriber units (mobile and portable) from M/A-COM at a cost of $516,770, to be purchased out of the Police Impact Fund budget. SECTION 3. This Resolution shall become effective immediately upon adoption. r-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: April 11, 2008 Resolution 35, 2008 PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR LEVY COUNCILMEMBER RUSSO COUNCILMEMBER BARNETT COUNCILMEMBER PREMUROSO G:\attorney-share\RESOLUTlONSkadio procurement - pd - reso 35 2008.docx 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 29,2008 Meeting Date: May 1,2008 Su bj ect/Agenda It em: Select dates for the July and August regular City Council meetings. [ X ] Recommendation to APPROVE 1 ] Recommendation to DENY Reviewed by: City Attorney Submitted by: Patricia Snider, C' & Department Administrator Appw City M&ager. Originating Dept.: City Clerk Advertised: Date: Paper: [ INotRequired AEected parties [ ]Notified ------ [ J Not required Costs:% N/A (Total) $- Current FY Funding Source: [ ] Operating [ ]Other Budget Acct. #: Council Action: [ ]Approved [ ]Approved wl conditions [ ]Denied [ J Continued to: Attachments: Resolution 82,2006 [ ]None Date Prepared: April 15, 2008 Meeting Date: May 1,2008 0 BACKGROUND: Resolution 82, 2006 (attached) modified the schedule for regular city council meetings to meet once in the months of July and August of each year commencing in 2007, the date of the meeting established by vote of the City Council. The regular council meeting dates for July are July 3, 2008 and July 17, 2008 and the dates for August are August 7,2008 and August 2 1,2008. 0 STAFF RECOMMENDATION: Staff recommends the third Thursday of each month: o July 17,2008 o August 21,2008 As soon as the dates have been established, the proper notifications will be prepared and made public. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A RES0 RESOLUTION 82,2006 JTlON OF THE CITY COUNCIL OF Tt.E CITY OF PALM BEACH GARDENS, FLORIDA MODIFYING THE SCHEDULE FOR REGULAR CITY COUNCIL MEETINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 18-3 of the Charter of the City of Palm Beach Gardens provides that the dates of the regular meetings of the City Council shall be set by resolution or by a vote of the majority of the members of the Council; and WHEREAS, pursuant to Resolution 50, 1999, the City Council meets in Regular Session on the First and Third Thursdays of each month; and WHEREAS, the City Council desires to meet once in the months of July and August of each year due to summer vacations, commencing in 2007; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Regular Meetings of the City Council of the City of Palm Beach Gardens, Florida shall convene at 7:OO p.m. on the First and Third Thursdays of each month, except that there shall be one meeting in the months of July and August of each year, commencing in 2007. The date of the July and August meetings shall be established by vote of the City Council. SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) Date Prepared: July 1 1, 2006 Resolution 82.2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this &w day of $dU+ ,2006. CITY OF PALM B BY: ATTEST: BY: atricia Snider, CMC, Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: VOTE: MAYOR RUSSO VICE MAYOR BARNETT COUNCILMEMBER JABLlN COUNCILMEMBERLEW COUNCILMEMBERVALECHE p -- AYE NAY ABSENT G:bttorney-share\RESOLUTlONShuncil meeting dates - july-august 2007 - reso 82 206.d~ 2 City of Palm Beach Gardens Council Agenda May 1,2008 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Levy Council Member Russo Council Member Barnett Council Member Premuroso ’ I. ’ II. m. /Iv V. VI. VII. VIIL b. C. C e. f. CITY OF PALM BEACH GARDENS COUNCIL AGENDA May 1,2008 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS, DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS: CITY MANAGER REPORT: COMMENTS FROM THE PUBLIC: (For Items Not on the APenda, Dlease submit reauest form to the Citv Clerk Drior to this Item) CONSENT AGENDA: a. jParre 5) Approve Minutes fkom March 6, 2008 regular City Council meeting. (PaPe 9) Approve Minutes from March 20, 2008 regular City Council meeting. JPaPe 18) Proclamation -- Building Safety Week. /Page 19) Proclamation - National Public Works Week. (Page 20) Proclamation - World AIDS Orphans Day. JPwe 21) Proclamation - Municipal Clerks Week. IX. PUBLIC HEARINGS: Part I - Ouasi-iudicial Ph-JL 5-0 X. (Staff Renort on Page 22. Re! ition on PaPe 122 County Government Center Planned Community Development Amendment. Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the rezoning of the North County Government Center Planned Community Development (PCD) located at the Southwest corner of PGA Boulevard and Campus Drive; amending Ordinance 18, 1995 and Ordinance 54, 1W7 to transfer and amend the master site plan approval and related conditions to a separate Resolution; rezoning the 6.99-acre Department of Motor Vehicles parcel fiom (PCD) to Planned Development Area (PDA) with an underlying I m7ming designation of phlic or institutional (Pa); and providing an effective date Resolution 26,2008 is a companion item to Ordinance 5,2008 and will require council action. hesolution 26,2001 - Adoption of the North County Government master site plan 1 conditions of approval. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the North County Government Center Planned Community Devebpment (PCD), located at the Southwest corner of PGA Boulevard and Campus Drive, to reconfigure certain parcels, provide the required linkage roads throughout the parcels, relocate the environmental preserve to the West side of the North-South linkage road, eliminate the 6.99-acre Department of Motor Vehicles parcel fiom the limits of the PCD, as more particularly described herein; providing waivers; providing conditions of approval; and providing an effective datc Resolution 27,2008 is a companion item to Ordinance 5,2008 and will require council action. Resulul1uH ~7, ~UUO - North County Regional Library Site Plan Amendment. n Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the site plan for the North County Regional Library, located on the Northwest corner of Campus Drive and Fairchild Avenue, to allow a 14, 612- square-foot addition to the existing 24,920-square-foot fscility; providing waivers; providing conditions of approval; and providing an effective datl Part I1 - Non-Ouasi-iudicial RESOLUTIONS: [Staff Report on Page 130, Resolution on Page 132) Resolution 34, 2008 - Communications site lease Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Communications Site Lease Agreement with American Towers Asset Sub, LLC; authorizing the Mayor and City Clerk to execute the Agreement; and providing an effective date. b. aff ReDoi n Pape 155, Resoitition on Page 158) Resolution 35. 2008 - Procurement of radio subscriber units. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the purchase of radio subscriber units (mobile and portable) fiom MA-COM for use on the new radio system; and providing an effective date. XI. ORDINANCES: (For Consideration on First Reading) XIL ITEMS FOR COUNCIL ACTION/DISCUSSION: J a- jPwe 160) Select dates for the July and August Council meetings. XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities dng special accommo&tions in order to participate in this proceeding are entitled to theprovisbn of certaill assistance at no cost Hease call the City Clerk’s Office at 561- 799-4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. City of Palm Beach Gardens Council Agenda May 1,2008 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Levy Council Member Russo Council Member Barnett Council Member Premuroso I. IV 3 : 33 VIII. CITY OF PALM BEACH GARDENS COUNCIL AGENDA May 1,2008 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS, DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: (IA.+r /a (L/y ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS: CITY MANAGER REPORT: COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) CONSENT AGENDA: a. 51 Approve Minutes from March 6, 2008 regular City Council meeting. b. (IPllcApprove Minutes from March 20, 2008 regular City Council meeting. c. -Proclamation -- Building Safety Week. d. -Proclamation - National Public Works Week. e. (PllcProclamation - World AIDS Orphans Day. f. @age aProclamation - Municipal Clerks Week. I rt all- 'nancc on Faze 10 8, .IE e 113, on -Ordinance 5, 2008 - (2"' reading and adoption) North County Government Center Planned Community Development Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the rezoning of the North County Government Center Planned Community Development (PCD) located at the Southwest corner of PGA Boulevard and Campus Drive; amending Ordinance 18, 1995 and Ordinance 54, 1997 to transfer and amend the master site plan approval and related conditions to a separate Resolution; rezoning the 6.99-acre Department of Motor Vehicles parcel from (PCD) to Planned Development Area (PDA) with an underlying zoning designation of public or institutional (PL); and providing an effective date. wbEl: '@& - 12rr$S0 e Resolution 26,2008 is a companion item to Ordinance 5,2008 and will require council action. 5'0 Resolution 26,2008 - Adoption of the North County Government master site plan and conditions of approval. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the North County Government Center Planned Community Development (PCD), located at the Southwest corner of PGA Boulevard and Campus Drive, to reconfigure certain parcels, provide the required linkage roads throughout the parcels, relocate the environmental preserve to the West side of the North-South linkage road, eliminate the 6.99-acre Department of Motor Vehicles parcel from the limits of the PCD, as more particularly described herein; providing waivers; providing conditions of approval; and providing an effective date. Lev &4"tt Resolution 27,2008 is a companion item to Ordinance 5,2008 and will require council action. Resolution 27, 2008 - North County Regional Library Site Plan Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the site plan for the North County Regional Library, located on the Northwest corner of Campus Drive and Fairchild Avenue, to allow a 14,612- square-foot addition to the existing 24,920-square-foot facility; providing waivers; providing conditions of approval; and providing an effective date. X. RESOLUTIONS: a. ~ on on PI e 132 Resolution 34, 2008 - Communications site lease Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Communications Site Lease Agreement with American Towers Asset Sub, LLC; authorizing the Mayor and City Clerk to execute the Agreement; and providing an effective date. Q ;0v . b. ha OB #!age 1581 Resolution 35, 2008 - Procurement of radio subscriber units. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the purchase of radio subscriber units (mobile and portable) from M/A-COM for use on the new radio system; and providing an effective date. LA 2 XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: %03 a. -Select dates for the July and August Council meetings. < XIII. CITY ATTORNEY REPORT: 0 ;o XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. e, d In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Name: Address : +- YL /( City: Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: 2 E- yq CWbrnX- c- I\ Address: City: Subject: \\ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print COMMENTS FROM Request to Address THE PUBLIC City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Address: dic” Members of the public may address the City Council during the “Commeng by t@ PGb portion of the agenda and during “Public Hearings”. This Request to Address the ‘City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. CITY COUNCIL MEETING 05/01/08 PROPOSED ADDITIONS, DELETIOIVS AND MODIFICATIONS ADDITIONS: DELETIONS: MODIFICATIONS: Under Announcements/Presentations NONE Under PIJBLIC: HEARINGS judicial Part I - Ouasi- Resolution 27,2008 - North County Regional Library Site Plan Amendment. The applicant is requesting additions to condition 13 waiving surety and posting of bond for the North County Regional Library expansion. A copy of the revised Resolution revision has been provided for each member of Council. Council Meeting: May 1, 2008 Resolution 27, 2008 Proposed Revision ( A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE NORTH COUNTY REGIONAL LIBRARY, LOCATED ON THE NORTHWEST CORNER OF CAMPUS DRIVE AND FAIRCHILD AVENUE, TO ALLOW A 14,612-SQUARE-FOOT ADDITION TO THE EXISTING 24,920-SQUARE-FOOT FACILITY; PROW DI N G WAIVERS; PROW D I N G CON DIT10 N S OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. *** SECTlON2. The amended development plans for the North County Regional Library are hereby APPROVED on the following described real property, subject to the conditions of approval provided herein: *** 13. Prior to the issuance of the first land alteration permit, the Applicant shall provide a cost estimate for the project, including public infrastructure and all landscaping and irrigation costs for review and approval by the City in order to establish surety. The cost estimate shall be signed and sealed by an engineer and landscape architect registered in the State of Florida. Surety d designation of fundi *** Dl 'EfE HOMETOWN NEWS OF APRIL 1 (I, Xi08 MAYOR EKIC JABf.,IN SAKI "HAT LIFE SAFETY IS A TOP PRIORI?'Y POR 'I'HE CITY. THE FUTURE KYOTO QARDBNS DRIVE AT-QMDE R.AILROAD CROSSING WLL CERTAINLY BE A CAW OF :UNSAFE (JC%lI)ITION AS MENTIUNNED BY FEC RAILWAYS 1N A LEVER '1'0 'IlE ClTY DA'TED MAY 29,2001. THE RESDENTS OF GARDEN W001)S REI,iIEVE THAT LlFE SAFETY COMBS FIRST AT KYOTO GARDENS I)IUVE AND JS A CI'I'Y 'I'QP PRIORITY, ROGER BLAN GARDEN WOODS REPRESENl'AllV E ON '1.1-IP K Y O'TQ ISSI_W PALMBEACHGARDENS FI, 33410 I its58 HEMLOCK snwm 4 5 n cp cc 5 cp c1 c+, 3 E: a 5 E g 2: cc cc 5 m cp c cp 3 m 0 1 I. E- v Pa 3 cc 9 0 w, e s L. E E: ET. 0 3 ? 2: n 3 n z 9 x ttz L cp 0 3 w sg 3.Y mu Bh) cc m 5 I. co so soo -1 Pa 'b a E* Pa e. 0 3 e I. 5 LI* c L L 1 L. m 5 a cp 1 e3 m I Pa 3 w a E: cp % 1 1 3. ii: cc 3 cc- a sg 5 0 r= s e3 a ii: 5: e 0 3 B cp 3 cc m v .. L. ecr 5m 9 1 cc cc 2: E* 0 3 cc 'b cp u m cp ttz L L 0 El cc cc m (0 3 5 L. s 3 m u 5' m e m 2d u Y a 0 3 (D s cc Pa 3 cc n z (D s ct L. cc s I Recreation Operations: Tennis & Camp I Tennis Center Survey Results w Survey Scope Passport Holders (24% response rate) 22 Questions (written and rated) Goal: Assessment and improvement of Services rn Written Responses: Whatwe heard .... o “The Tennis Center has improved. Love being a member there!” o “New Staff is very friendly and efficient. Excellent service, very positive support team, including pros.” “It is a Beautiful facility that is maintained very well. Staff is friendly & helpful.” Whatwe can learn .... o “Should have staff sweep courts after Ladies league play or after anyone plays.” o “Need pro to be more involved in teams and has more experience!” 1 5/1/2008 I Tennis Center - Partial Survey Results verall Facility 0% 1 1% 3 3% 31 33% 59 63% 94 leanliness of acility 0% 1 1% 2 2% 24 26% 67 71% 94 riendliness of taff 0% 0% 3 3% 18 19% 73 78% 94 I I Summer Camp! Quick Facts o Camp operates June gth through August Wh o Summer Hiring: 40 PT - POOI, 45 PT - CampIDesk 3071 camp slots available, 47 different camps 0 Scope: 9 facilities utilized m 2 hr daily Video Game Design Camp to, 6 hr daily Scuba Rangers Camp to, Classic Camp at 10 1/2 hrs per day 2 511 12008 I Summer Camp! A Registration Trend o Day one: 44% of all camp slots full o As of today: rn 60% of all camp slots full rn 80% of full day classic camp full Why? o Less summer travel - cost of gas o Tough Economic Times = families who need childcare o Quality programming 1 Questions? 3 Date Prepared: 3/5/08 Meeting Date: 5/1/08 Resolution 35,2008 BACKGROUND: The M/A-COM radio system will be our primary dispatch system and will be in use on a 24/7 basis by Public Safety first responder agencies. Additionally, interoperability with other citiedagencies is one of our major goals in public safety communications for emergencies and for day to day operations. This radio system can achieve that with any city/agency that desires to interface with the system. This can be realized with their legacy mobile and portables radios or with MIA-COM radios that give expanded functionally. The cost of radio project infrastructure for the three cities of the Municipal Public Safety Communications Consortium (MPSCC) is $4,900,000 and our City’s share of the infrastructure was $676,200, plus local tower site work of approximately $85,000 Total project cost $761,200. Through the traffic citation legislation and a County resolution, Palm Beach County has to date reimbursed $455,330 to Palm Beach Gardens. Net Infrastructure cost is $305,870. The radio system is expected to become operational in 90 days. It is the responsibility of each city to supply radios to their officers to access the new radio system. Our radio needs are for 125 mobile radios and 140 portable radios. The total radios being purchased on this agenda item are 96 mobile radios and 140 portables. The cost of the radios is $925,845 less $409,075 from Nextel. Our radio cost is $516,770, to be purchased out of the Police Impact Fund budget. The Nextel funds came from our negotiations with them for the cost of rebanding and replacement of radios, required by the Federal Communication Commission (FCC).This was to replace radios on the old radio system, however, they agreed to the savings being applied to radios on the new radio system. The expected life of the new radio system is 15 to 20 years. STAFF RECOMMENDATION: Staff recommends the approval of Resolution 35,2008, for the purchase of the mobile and portable radio from MIA-COM for the radio system. CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FL ORIDA PROCLAMATION WHEREAS, through our continuing attention to build safe structures for everyday life and times of disaster, we enjoy the comfort and peace of mind of structures that are safe and sound; and, WHEREAS, building safety and fire prevention ofJicials are at work year round to guide the safe- construction of buildings; and, WHEREAS, the dedicated members of the Building Officials Association of Florida, including building safety and fire prevention officials, architects, engineers, builders, and others in the construction industry, develop and enforce codes to saff~guard Americans in the buildings where we live, work, play, and learn; and, WHEREA S , the Florida Building Codes, are adopted and used by the State of Florida and the City of Palm Beach Gardens. These modern building safety code also include safeguards to protect the public from natural disasters that can occur such as hurricanes, tornadoes. wild land fires, and flooding; and, WHEREA S , Building Safety Week, sponsored by the Building Officials Association of Florida in conjunction with the International Code Council Foundation, reminds the public about the critical role of our communities' largely unknown guardians of public safety -our local code officials - who help prevent countless fires and accidents. This event is a perfect time to increase public awareness of the role building safety and fire prevention officials, local and state building departments, and federal agencies play in prote_cting lives and property; and, WHEREA S , this year's theme is "Building Safety: where you live, work, and play." It encourages all Americans to raise our awareness of building safety. Everyone can take appropriate steps to ensure that the places where we live, work, play, and learn are safe. Countless lives have been saved because ofthe building safety codes adopted and enforced by local and state agencies; and, WHEREA S , this year, as we observe Building Safety Week, we ask all Floridians to consider prqjects to improve building safety at home and in the community, and to recognize the local building safety and fire prevention officials and the important role that they play in public safety, everyday and in times of pisaster. NOW, THEREFORE, L Eric Jab/in, Mayor of the City of Palm Beach Gardens, Florida do hereby proclaim that the week of May 5, 2008 through May 11, 2008 as BUILDING SAFETY WEEK, in the City pf Palm Beach Gardens. Accordingly, our citizens are encouraged to join communities across America to participate ui!ding Safety Week activities. Attest: Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Flori ~ don this 1st day of May in the Year T PROCLAMATION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, public works services provided in our community are an integral part of our citizen's everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, and solid waste collection; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people 's attitude and understanding of the importance of the work they perform, NOW, THEREFORE, L Eric Jab/in, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of May 18 through 24, 2008 as Attest: NATIONAL PUBLIC WORKS WEEK IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardem. Florida, to be affzxed on this 1st day of May in the Year Two Thousand and Eight. CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the AIDS pandemic is relentlessly gaining ground, leaving millions of victims in its wake and orphaning a new child every 15 seconds; and WHEREAS, children who have been orphaned or rendered vulnerable by AIDS are among the most fragile children of the planet; and WHEREAS, the AIDS orphans crisis is a humanitarian, economic, social and security challenge that our global society must urgently address-there are already more than 15 million AIDS orphans in the world; and WHEREAS, only a large-scale and sustainable political effort can halt this cnstS; WHEREAS, World AIDS Orphans Day contributes to raising public awareness about the plight of these children, whose numbers constantly increase; WHEREAS, the elected officials, guarantors of the Right of the Child in their respective districts, can commit their constituencies to respecting the rights of vulnerable children NOW, THEREFORE, L Eric Jablin, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim Attest: MAY 7, 2008-WORLD AIDS ORPHANS DAY IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 1sth day of May in the r Two Thousand and Eight. CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, The Office of the Municipal Clerk, a time lwnored and vital part of local government exists throughout the world; and WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; and WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, Eric Jablin, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of May 4th through May 10, 2008, as MUNICIPAL CLERKS WEE~ in the City of Palm Beach Gardens and further extend appreciation to our Certified Municipal Clerk, Patricia Snider and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. ATTEST: P~yC/erk IN WITNESS WHEREOF, I luwe hereunto -t my hand and c__, the &ul of the Cit;, of Pulm Beach Ga · a. to be off&Sftl this lsi Da;, of May, in t ,_,. and ewht. ' CITY OF PALM BEACH GARDENS PALM BEACH COUNTY~ FLORIDA PROCLAMATION WHEREAS, The Office of the Municipal Clerk, a time lwnored and vital part of local government exists througlwut the world; and WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all,· and WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workslwps and the annual meetings of their state, province, county and international professional organizations; and WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, Eric Jab lin, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of May 4th through May 10, 2008, as MUNICIPAL CLERKS WEE~ in the City of Palm Beach Gardens and further extend appreciation to our Certified Municipal Clerk, Patricia Snider and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. ATTEST: IN WITNESS WHEREOF, I halJf! hereunto set my hand and caused the Seal of the City of Ptdm Beach Ga · a. to be affued this 1st Day of May, in t andeight.