HomeMy WebLinkAboutAgenda Council Agenda 120607
City of Palm Beach Gardens
Council Agenda
December 6, 2007
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Jablin
Vice Mayor Levy Council Member Valeche
Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
December 6, 2007
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. (Staff Report on Page 5, Resolution on Page 11) Resolution 127, 2007 -
Approving the purchase of desktop computers. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving the purchase of 60 desktop
computers for use in City-operated facilities via an existing contract with the State
of Florida, Contract No. 250-000-03-1; and providing an effective date.
b. (Staff Report on Page 13, Resolution on Page 18) Resolution 129, 2007 -
Emergency Medical Services Surcharge Funds. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving application to the Palm
Beach County Emergency Medical Services Surcharge Fund; authorizing the
Mayor and City Clerk to execute said Agreement; and providing an effective date.
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 20, Resolution on Page 36) Resolution 125, 2007 -
Gardens Commerce Center Art. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving the Art in Public Places for the Gardens
Commerce Center Planned Unit Development (PUD), which is located on the
West side of Riverside Drive, East of Interstate 95, North of Plat 5 and
approximately 300 feet South of Burns Road, as described more particularly
herein; providing conditions of approval; and providing an effective date.
b. (Staff Report on Page 40, Resolution on Page 42) Resolution 126, 2007 -
Village Square Professional Park Phase II Plat. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving the Village Square
Professional Park Phase II Plat; and providing an effective date.
Part II – Non-Quasi-judicial
a. (Staff Report on Page 48, Ordinance on Page 77) Ordinance 27, 2007 – (1st
reading) Comprehensive Plan Text amendment. An Ordinance of the City Council
of the City of Palm Beach Gardens, Florida amending the Future Land Use
Element of the Comprehensive Plan of the City of Palm Beach Gardens to add
Residential Very Low (RVL) as an additional Rural Residential Land Use
subcategory for properties located West of the City’s Urban Growth Boundary
within newly-annexed areas fronting along Northlake Boulevard; providing for
codification; and providing an effective date.
b. (Staff Report on Page 81, Ordinance on Page 120) Ordinance 28, 2007 – (1st
reading) Large-scale land-use map amendment An Ordinance of the City Council
of the City of Palm Beach Gardens, Florida amending the Future Land Use Map
of the Comprehensive Plan of the City of Palm Beach Gardens relating to certain
property consisting of approximately 61.9 acres, generally located on the North
side of Northlake Boulevard approximately one-half (0.5) mile West of the
intersection of Northlake Boulevard and Coconut Boulevard to change the land-
use designation from Palm Beach County Rural Residential 20 (RR20) to City of
Palm Beach Gardens Residential Very Low (RVL); and providing an effective
date.
X. RESOLUTIONS:
a. (Staff Report on Page 124, Resolution on Page 126) Resolution 120, 2007 -
Amendment to the Solid Waste, Recycling, and Vegetative Waste Services
Agreement. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving a Clarification and Addendum I to the Solid Waste, Recycling,
and Vegetative Waste Services Agreement with Waste Management, Inc.; and
providing an effective date.
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. (Staff Report on Page 194, Ordinance on Page 206) Placing Ordinance 8,
2007. (Amend the Palm Beach Gardens Land Development Regulations providing
limitations to maximum height waivers.) onto the December 20, 2007 agenda for
2nd reading and adoption.
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 CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 24,2007
Meeting Date: December 6,2007
Resolution 127,2007
SubjecVAgenda kern: A Resolution of the City Council of the City of Palm Beach Gardens, Florida
Approving the FY2008 purchase of desktop computers
[XI Recommendation to APPROVE
11 Recommendation to DENY
I Reviewed Yy:
I
Submitted by:
Eric Holdt
In
Department Z;/w DI e
1 Approved by:
I City Manager
Originating Dept.:
A
Inform/ ti n +ethnology
Advertised:
Date:
Paper:
[ x ] Not Required
/
Affected parties
[ 1 Notified
/-
[ x ] Not required
Costs: $ 59,508
(Total)
$ 59,508
Current FY
Funding Source:
[ x ] Operating
[ ] Other
Budget A ct.#:
001.0220.512.5260
Council Action:
[ ] Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
1 )Resolution 127,
2007
2)Computer specs
and quotes
[ ]None
Date Prepared: October 24, 2007
Meeting Date: December 6,2007
Resolution 127, 2007
BACKGROUND:
Desktop computers are an indispensable work tool of every office at the City of Palm
Beach Gardens. Employees use their workstations in every aspect of their duties.
Therefore it is essential that these computers support current technological needs and
are able to run the essential applications that comprise the City's business environment.
Desktop computers, by their nature, are relatively inexpensive computing devices which
respond rapidly to advances in technology, and have a short life cycle when compared
to other office technologies such as the telephone, fax machine, and copier.
Our strategy is to replace 25% of our desktop computers each year. This is based on a 4-
year useful life. We currently have 240 desktop computers within City operated facilities.
Sixty of these are entering their 4'h year of service.
Our computer replacement strategy helps remove slow, obsolete technology from our
network, improves employee efficiency, and creates a consistent budgeting methodology.
Using a single source vendor enables standardization, creating rapid deployment and a
more efficient means of maintaining a high level of security and end user support. We
have also investigated other means of computer acquisitions to include leasing, but have
determined that leasing has some additional costs such as return shipping charges and tax
implications.
We will purchase these computers on the State of Florida IT Hardware contact # 250-000-
03-1. Specifications and quotes from 3 of the vendors on the state contract are attached.
Dell has offered the lowest price of $991.80 per computer including a 3-year warranty and
shipping costs totaling $59,508. These funds were identified and approved in the FY2008
budget.
STAFF RECOMMENDATION:
Approve Resolution 127, 2007 as presented.
DELL
TOTAL QUOTE AMOUNT:
Product Subtotal:
Tax:
Page 1 of2
~ ~ ~
$59,508.00
$59,508.00
$0.00
QUOTATION
Shipping b Handling:
Shipping Method:
QUOTE #:
Customer #:
Contract #:
CustomerAgreement #:
Quote Date:
Customer Name: Date: 10/1/07 1:11:12 PM
- ~
$0.00
Ground Total Number of System Groups: 1
389372634
90231
4345838
250-000-03-1
1011107
CITY OF PALM BEACH GARDENS
Base Unit:
Processor:
Memory:
Keyboard:
OptiPlex 755 Minitower,Core 2 Duo E6550/2.33GHz,4M,VT 1333FSB (223-0592)
NTFS File System,Factory Install (420-3699)
lGB,Non-ECC,667MHz DDR2 2X512MB,Dell OptiPlex 740/755/330 (311-6443)
USB Enhanced Multimedia Keyboard,Enalish,Black,Dell OptiPlex (310-8018)
Monitor:
Video Card:
Hard Drive:
SYSTEM PRICE: $991.80 GROUP TOTAL: $59,508.00
Dell UltraSharp 1908FP Flat Panel with Height Adjustable Stand,l9.0 Inch VIS,OptiPlex
Precision and Latitude (320-5292)
Integrated Vldeo,GMA3100,Dell OptiPlex 755 (320-5642)
8OGB SATA 3.OGbls and 8MB DataBurst Cache,Dell OvtiPlex 755 (341-5472)
Floppy Disk Drive:
Operating System:
Mouse:
TBU:
3.5 inch,l.44MB,Floppy Drive Dell OptiPlex 740,755 and330 (3416005)
Vista Business.with Media,32 Edition,English,Dell OptiPlex Factory Install (420-6614)
Dell USB Premium Optical 5-Button Mouse,Black,OptiPlex (310-8218)
vPro Secure Advanced Hardware Enabled Systems Management Dell OptiPlex (310-9491)
Documentation Diskette:
Service:
Service:
Service:
Service:
I 48x32 CDRWmVD Combo,Roxio Creator Cyberlink Power DVD Dell OptiPlex 755 Desktop or I Minitower 131344251 I CD-ROM or DVD-ROM Drive:
ResourGDVD contains Diagnostics and Drivers for Dell OptiPlex 755 Vista (310-9311)
Contract -Next BuslnessDay Parts and Labor On-Site Response, 2YR Extended (983-11 52)
Dell Hardware Warranty Plus Onsite Service, Extended Year (987-9238)
Contract -Next BusinessDay Parts and Labor On-Site Response, Initial Year (983-6790)
Dell Hardware Warranty Plus Onsite Service, inital Year (987-9237)
.- ~- - ---, . . . . . . . . - . . -.
Dell AS501 black Sound Bar forUltraSharp Flat Panel Displaysfor Optiplex, Precision, Latitude
(3136028) Speakers:
Installatlon:
Installation:
Mlsc:
Standard On-Site Installation Declined (900-9987)
On-Site Installation Declined (900-9997)
Shipping Material for System Smith Minitower,Dell OptiPlex (31 0-9330)
You have chosen a Vista Premium System (310-8642)
You have chosen a vPR0 system (310-8755)
SALES REP:
Email Address:
Dale Maudru - Fax # 512-283-4854 PHONE: 512-723-8889
dale maudru@dell.com Phone Ext: 7238889
file:NC:\Users\chuckm~ppData\Local\Microsoft\Windows\Tempora~ Internet Files\Co.. . 1 013 012007
Page 2 of 2
For your convenience, your sales representative, quote number and customer number have been
included to provide you with faster service when you are ready to place your order. You may also
place your order online at www.dell.com/quote
Unless you have a separate agreement with Dell, the terms and conditions found at
http://~pbox.us.dell.com/slg/reseIlerslresellertcs.htm shall govern the sale and resale of the Products and
Services referenced in this quotation.
Prices and tax rates are valid in the U.S. only and are subject to change.
"Saleduse tax is a destination charge, Le. based on the "ship to" address on your purchase order,
Please indicate your taxability status on vour PO. If exempt, please fax exemption certificate to
Dell Tax Department at 51 2-283-9276, referencing your customer number.
If you have any questions regarding tax please call 800-433-9019 or email Tax-Department@dell.com. "
All product and pricing information is based on latest information available. Subject to change without
notice or obligation.
LCD panels in Dell products contain mercury, please dispose properly.
Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal
options at US-Dell-ARS-Requests@dell.com. Minimum quantities may apply.
Shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be
applied to your invoice as early as Jan 1,2005. Prices in your cart do not reflect this fee. More Info: or
refer to URL www.delI.com/environmentalfee
file://C:\Users\chuckm\AppData\Local\Microsoft\Windows\Tempora~ Internet Files\Co ... 10/30/2007
Chuck M ise re nd i no
From: Susara Thaddeus [Tsusara@govconnection.com]
Sent:
To: Chuck Miserendino cc: Clingerman Edgar
Subject:
Friday, October 19, 2007 10:55 AM
GCI Quotation # 1968853.01 - Thinkcentre M57 Tower Core 2
Hi Chuck -
Attached Lenovo desktop quote per your request.
GovConnection, Inc. Quote #: 1968853.01
2150 Post Road
Fairfield, CT 06824
Tel: 800-800-0019 (Please refer to this quote
number when ordering.)
Account Executive: Thaddeus Susara Date: October 19, 2007
Valid Through: 10/31/2007 Phone: (800) 800-0019 x75015
Fax: (603) 683-1 166
Email: tsusara@Qovconnection.com
Account #: SO1 861
BILL TO: SHIP TO:
AB#: 573849 AB#: 8035870
CITY OF PALM BEACH GARDENS
FINANCE DEPARTMENT
10500 N MILITARY TRL
CITY OF PALM BEACH GARDENS
10500 N MILITARY TRL
PALM BEACH GARDENS, FL 33410
PALM BCH GRDN, FL 33410
(407) 775-8200
(407) 775-8200
----_1__1---__-_---_____l____________l__------------------
DELIVERY FOB TERMS CONTRACT ID #
1-30 Days AlWO Destination NET 30
Line# Qty Item# Manufacturer Price Ext.
Description
1 1 8020102 LENOVO COMMERCIAL S... $766.00 $766.00
Thinkcentre M57 Tower Core 2 Duo E6550 2.33GHz / 4MBL2 / 1333MHz / 1 GB / 80GB / Combo / GigNlC / VB
Manuf.Part No: 6075AGU
2 1 4791 129 PLANAR SYSTEMS $231 .OO $231 .OO
19 PL191 OM Analog / Digital LCD Monitor Black With Speakers
Manuf.Part No: 997-2797-00
Lines: 2 TOTAL MERCHANDISE: $997.00
Ship Via: 486 - Small Pkg Ground Se ... SHIPPING/HANDLING:
FEE: $0.00
$0.00 -____-_-___- Weight: 50.00 pounds --___----__-
QUOTE TOTAL: $997.00
COMMENTS:
Call your Account Manager or see the attached sheet for ordering information.
This quote is subject to change at any time.
1
Insiht. Request for Quotation
City of Palm Beach Gardens
Chuck Miserendino
u PUBLIC SECTOR
EW315AV-VIS - HP dc5750 Microtower
HP Compaq dc5750 Microtower
Genuine Windows Vista@ Business 32-bit
Application software
No Item Selected
Vista Business 32-bit System Recovery DVD Kit
d5 MT chassis E-star 3.0
Thermal Kit - MT
Country kit dc5750
Chipset
AT1 RadeonB Xpress 1 150 Professional
AMD AthlonTM 64 X2 4000+ Dual Core
Videolgraphics
Integrated AT1 RadeonB X300 graphics
1.44MB Floppy drive MT
80GB SATA 3.0Gbls NCQ 1 OK HDD (1 6MB) 1st
Second hard drive
No Item Selected
Second hard drive cable
No Item Selected
RAID configuration
No Item Selected
SATA IGcDVD+/-RW Light Scribe 1st Drive (VISTA OS)
1 GB PC2-6400 DDR2-800 (2x51 2MB)
CD014AV
Base $939.00
RP759AV#ABA
EW315AV-VIS
RS793AV#ABA
AH112AV
EW406AV
EX562AV#ABA
AH867AV
RQ820AV
EW319AV
GUI 85AV
1 $939.00
Second optical drive
No Item Selected
Network card
Integrated Broadcom NetXtreme Gigabit networking
Modem
No Item Selected
HP USB 2-Button Optical Scroll Mouse
HP PS12 standard keyboard
Antivirus software
No Item Selected
Security accessories
No Item Selected
3-year (parts/labor/next business day on-site) limited
warranty - MT
RA676AV
EX1 30AV#ABA
EX587AV#ABA
HP L1940T 1 9-inch LCD Flat Panel Monitor - EM869WABA $276.00 1 $276.00
Analog/Digital
Your Order Should be Sent To: Your Account Manager is:
Insight Public Sector
218 E. Orange Avenue
Lake Wales, FL 33853
Fax: 800-622-7904
Jay Shumney
954-564-9835 office
954-829-9535 cell
Date Prepared: October 24, 2007
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RESOLUTION 127,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE PURCHASE OF 60
FACILITIES VIA AN EXISTING CONTRACT WITH THE STATE OF
EFFECTIVE DATE.
DESKTOP COMPUTERS FOR USE IN CITY-OPERATED
FLORIDA, CONTRACT NO. 250-000-03-1; AND PROVIDING AN
WHEREAS, the City wishes to purchase 60 desktop computer replacements,
and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in
the best interests of the citizens and residents of the City of Palm Beach Gardens to
purchase 60 desktop computers for use in City-operated facilities based on an existing
contract with the State of Florida, Contract No. 250-000-03-1, a copy of which is
available in the City Clerk’s Office.
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 City Council hereby authorizes the purchase of 60 desktop
computers for use in City-operated facilities via the State of Florida Contract No. 250-
000-03-1 for a price of $59,508, which includes a three-year warranty and shipping
costs.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: October 24, 2007
Resolution 127, 2007
PASSED AND ADOPTED this day of ,2007
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlCl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
--- VICE MAYOR LEVY
COUNCILMEMBER JABLIN ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
4
G:\attorney-share\RESOLUTlONS\DESKTOP COMPUTER REPLACEMENTS RESOLUTION 127- 2007.docx
2
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 8, 2007
Meeting Date: December 6, 2007
Resolution: 129, 2007
SubjedAgenda Item: Use of County Emergency Medical Services Grant Funds
[ X ] Recommendation to APPROVE I ] Recommendation to DENY
2eviewed by:
3ty Attorney
I
?B nistrator
Submitted by:
Peter T. Bergel
City Manah
Originating Dept.:
Fire Rescue@
(CR Brown
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
[ ] Not required
c.
Costs: $ NIA
(Total)
$-
Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ] Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Date Prepared: November 8, 2007
Meeting Date: December 6, 2007
Resolution 129, 2007
BACKGROUND: Each year, grant funding is made available through the Palm Beach
County Emergency Medical Services (EMS) Division for EMS Agencies within Palm
Beach County. This year, the Fire Rescue Department applied for funds in the amount
of $27,660.00 to purchase ProPaq Patient Care monitors.
Funds for this request have been approved and a Resolution agreeing to the terms and
conditions of the Grant must be provided.
STAFF RECOMMENDATION: Approval of Resolution 129,2007
Department of Public Safety
livision of Emergency Management
20 S. Military Trail
Wcst Palm Beach, FL 33412
(561) 712-6400
Fax: (561) 712-6464
www.vbceov.com
8
Palm Beach County
Board of County
Commissioners
Addie L. Greene, Chairperson
Jcff Koons, Vice Chair
Karen T. Marcus
Robert J. Kanjian
Mary McCarty
Burt Aaronson
Jess R. Santamaria
County Administrator
Robert Weisman
'#An Equal Opportunity
Aflrmative Action Employer"
November 5,2007
07-Dl R-86-L
Deputy Fire Chief Chris Brown
Palm Beach Gardens Fire Rescue
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Chief Brown: RE: EMS Grant C70
Your agency will receive $27,660.00 from the EMS Grant Award
Program. Please see attached which covers the items and work
schedule for your EMS Grant Award.
The EMS Grant package is being presented to the Board of County
Commissioners at their December 18, 2007 meeting. Once it is
approved by the Board, it will be forwarded to the State EMS Office for
their execution.
In the meantime, please provide us with a letter of confirmation from your
agency's administrator concurring with the amount of the award, activity
and expenditure plans, and assurance that your agency will comply with
the state and county grant requirements, including reporting. If you have
not submitted a Resolution from your Governing Board, kindly proceed to
obtain same prior to making the purchase certifying that monies from the
Grant Award will:
1) Improve and expand prehospital services in that coverage area;
2) Not be used to supplant existing provider's budget allocation;
3) Meets the goals and objectives of the EMS County Grant Plan.
Thank you for your cooperation.
Sincerely,
arles E. Tear, Director Date
Public Safety Department
Division of Emergency Management
Enc.
cc:
EMS Grant files
Date Prepared: December 15, 2006
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a
RESOLUTION 5,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING APPLICATION TO THE
PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES
SURCHARGE FUND; AUTHORIZING THE MAYOR AND THE CITY
CLERK TO EXECUTE SAID AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, public records indicate there exists today in Palm Beach County an
Emergency Medical Services Surcharge Fund to be distributed to providers of
Emergency Medical Services to improve or expand the County EMS system; and
WHEREAS, these funds are available as part of a local competitive grant
process; and
WHEREAS, the City of Palm Beach Gardens Fire Rescue Department is the sole
provider of Advanced Life Support Services within the City of Palm Beach Gardens; and
WHEREAS, the City Council has deemed 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 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Mayor is hereby authorized and directed to make application to
Palm Beach County Emergency Medical Services for funds to be made available to the
City of Palm Beach Gardens from the Palm Beach County Emergency Medical Services
Surcharge Fund.
SECTION 3. Upon receipt of such funds by the City of Palm Beach Gardens, no
portion of the existing operating budget for Emergency Medical Services shall be
reduced or diminished.
SECTION 4. This Resolution shall become effective immediately upon adoption.
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Date Prepared: December 15,2006
Resolution 5. 2007
PASSED AND ADOPTED this c17" day of Tww 0
, 2007.
CITY OF PALM B
BY:
ATTEST:
k
BY:
Patricia Snider, CM, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
VOTE: -- AYE NAY ABSENT
L/ MAYOR RUSSO ---
/- VICE MAYOR BARNETT ---
c/ COUNCILMEMBER JABLIN ---
/ COUNCILMEMBER LEVY ---
r/ COUNCILMEMBER VALECHE ---
\\Pbgsfile\Attomey\attorney_share\RESOLUTIONS\emergency medical svcs surcharge fund - reso 5 2007.d~
2
Date Prepared: November 8, 2007
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RESOLUTION 129,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING APPLICATION TO THE
PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES
SURCHARGE FUND; AUTHORIZING THE MAYOR AND THE CITY
CLERK TO EXECUTE SAID AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens Fire Rescue Department is the
sole provider of Advanced Life Support Services within the City of Palm Beach
Gardens; and
WHEREAS, public records indicate there exists today in Palm Beach County an
Emergency Medical Services Surcharge Fund to be distributed to providers of
Emergency Medical Services to improve or expand the County EMS system, and these
funds are available as part of a local competitive grant process; and
WHEREAS, the City of Palm Beach Gardens Fire Rescue Department proposes
to use the grant funds to purchase five (5) Boll Portable Patient Monitors; and
WHEREAS, the City Council has deemed 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 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Mayor is hereby authorized and directed to make application to
Palm Beach County Emergency Medical Services for funds to be made available to the
City of Palm Beach Gardens from the Palm Beach County Emergency Medical Services
Surcharge Fund.
SECTION 3. The City of Palm Beach Gardens certifies that funds from the Grant
Award will 1) improve and expand prehospital services in the City; 2) not be used to
supplant the Fire Department’s budget allocation; and 3) meet the goals and objectives
of the EMS County Grant Plan.
SECTION 4. This Resolution shall become effective immediately upon adoption.
Date Prepared: November 8, 2007
Resolution 129, 2007
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PASSED AND ADOPTED this day of , 2007
CITY OF PALM BEACH GARDENS, FLORIDA
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlCl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
CO U NC I LMEMB ER JAB L I N
CO U NC I LM EMB E R VALEC H E
COUNCILMEMBER BARNETT
Joseph R. Russo, Mayor
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTIONS\award of grant monies - emergency medical svcs - reso 129 2007.doc
2
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 30,2007
Meeting Date: December 6,2007
Resolution 125,2007
Subject / Agenda Item:
Resolution 125,2007: Art in Public Places - Gardens Commerce Center
Consideration of Approval: A request by Lucy Keshavarz, on behalf of Pishon Partners, LLC.,
for approval of the public art for the Gardens Commerce Center Planned Unit Development
(PUD), generally located on the west side of Riverside Drive, east of Interstate 1-95, north of Plat
5 and approximately 300 feet south of Burns Road.
[ X ] Recommendation to APPROVE
[ ] Recommendation to deny I
Reviewed by:
City Attorney:
Development Compliance
Manager: nw Ba areh Wolfs, AICP
Kara Irwin, AICP
Approved by:
City Manager:
Ronald M. erris &+
Originating Dept.:
Project
Manager
Nina Nikolova
Planning Specialist
Advertised: NIA
Date:
Paper:
[XI Not Required
Affected parties:
#%f:e:uired
FINANCE: NA
Costs: $ NA
Total
$ NA
Current FY
Funding Source:
[ ] Operating
[XI Other NA
Budget Acct.#:
AIPP Board Action:
[ ] Rec. approval
[ 3 Rec. app. wl conds.
[ 3 Rec. Denial
[ ] Continued to:
Attachments:
Resolution 125,2007
0 Narrative
Graphic Illustrations
Site Plan
0 Topography Drawing
“Andalucia” Four
Perspectives
0 Artist’s Resume
0 Conceptual technical
Budget Breakdown
drawings
[ ]None
Date Prepared: October 30,2007
Meeting Date: December 16,2007
Resolution 125,2007
EXECUTIVE SUMMARY
The subject request is for approval of the Art in Public Places for the Gardens Commerce
Center Planned Unit Development (PUD). The proposed public art would be field located
near Building #3. The Art in Public Places (AIPP) Advisory Board recommended
approval of the proposed art on October 16, 2006, by a 4-1 vote. Staff recommends
approval of Resolution 125,2007 with two conditions.
BACKGROUND
On December 5, 2006, the Gardens Commerce Center was approved through the
Targeted Expedited Permitting Process (TEPP). On March, 1, 2007, the City Council
approved the site plan through the adoption of Resolution 18, 2007, to allow the
development of the Gardens Commerce Center Planned Unit Development (PUD),
consisting of three buildings with 41,577 square feet of light industrial use and 27,718
square feet of accessory professional office use on a 4.45-acre site.
DISCUSSION
In accordance with Section 78-261(d) of the Land Development Regulations entitled
Requirements for art orfee in lieu of art, all budgets for new construction of private and
public developments shall include one percent (1%) of the total budget for vertical
construction as a fee for art in public places. The subject fee shall be utilized by the
developer for the provision of artwork on the project site, or the developer may choose to
contribute one percent (1 %) of the total vertical construction costs directly to the City for
the provision of art on public property.
Under the provisions of Section 78-261(d)( 1)a. I. of the City’s Land Development
Regulations entitled Deposit of Funds, prior to the issuance of a building permit the
petitioner is required to place $40,416.50 into an escrow account, which represents an
estimate of one (1%) percent of the estimated total cost of vertical construction on site
(please see the attached project budget breakdown). The budget for the proposed AIPP
program is $43,072.50.
PROPOSED ART IN PUBLIC PLACES
The applicant is proposing a sculpture by Jorge Blanco (please see attached artist
resume), entitled Andalucia that will be 11 feet in height, 9 feet in length, and 14 feet
wide, with a cost of $27,000 (please see attached images and site plan).
PROPOSED LOCATION FOR ART
The applicant is proposing one (1) location for the public art:
1. The sculpture is placed adjacent to Building #3, and is visible from Riverside
2
Date Prepared: October 30,2007
Meeting Date: December 16,2007
Resolution 125,2007
Drive.
The proposed location is consistent with Land Development Regulations Section 78-262
as follows:
Visibility: The proposed public art location is visible to both internal and external
pedestrian and vehicular trafic.
0 Lighting: All proposed public art will be tastefblly lit in an unobtrusive manner
through the use of up-lights.
ART IN PUBLIC PLACES ADVISORY BOARD
The art consultant for the owner of the property, Lucy Keshavarz, met with the Art in
Public Places Advisory (AIPP) Board for an art location review on May 15, 2007, for an
artist’s portfolio review on July 17, 2007, and for a final recommendation the City
Council by the AIPP Board on October 16,2007. The AIPP Board approved the proposed
art in a 4-1 vote. The dissenting vote was Mr. Leizman, as he had additional questions
regarding the materials used to produce the art, and whether it was is original, or if it
would be of a limited edition. Ms. Keshavarz has addressed Mr. Leizman’s questions in
her narrative (Please see the attached narrative).
STAFF RECOMMENDATION
Staff recommends approval of the proposed art, subject to the following conditions of
approval which have been included in the approving resolution:
1. The Applicant shall submit digital photographs of the installed artwork within
sixty (60) days of completion. (Planning and Zoning)
2. The Applicant shall install the art prior to the issuance of the last certificate of
occupancy. (Planning and Zoning)
3
Art
Culture
art &cultual
programming
design and
consulting
66 St. James Drive
Palm Beach Gardens
Florida 33418
Phonelfax: (561) 622-9892
October 22,2007
City Council
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 334 1 0
Re: The Gardens Commerce Center
Approval of proposed AIPP
Dear City Council Members:
We were very pleased by the Art Advisory Board's positive response to the
proposed sculpture, Andahcia by Jorge Blanc0 during the July 2007 workshop
and the vote for a positive recommendation to City Council on October 16,2007.
We look forward to coming before you on December 6 to present information
regarding the proposed sculpture.
Gardens Commerce Center is located on the west side of Riverside Drive
approximately one block south of Burns Road. It is zoned light industrial. Due to
the location and site use, it was felt that a contemporary, non-figurative piece of
sculpture would be appropriate. As you will see from the images, the proposed
sculpture, Andaluciu is a very elegant, contemporary, non-figurative work of art.
As one goes around the sculpture it takes on various forms; all of which are
intriguing.
The sculpture will be built in top grade aluminum and all the hardware, threaded
bolts, bolts, washers etc. will be marine quality stainless steel. The sculpture will
be anchored to an aluminum platform. This platform will be anchored to a solid
concrete base using bolts. The technical drawings for the sculpture will be
inspected by an accredited engineer and approved to withstand winds up to 150
miles per hour. The sculpture will be painted white with an industrial grade paint
using a powder coating technique. The finish will be glossy and smooth. The
concrete base for the sculpture will be approximately 1 foot and 10 inches above
driveway grade. The proposed sculpture will be illuminated by two flood lights
(up-lighting) providing illumination in accordance with code.
The artist has limited the editions of Anduluciu to a total of four. The proposed
1 1 foot high edition of Andaluciu for Gardens Commerce Center will be the last
one made. Two of the editions (1 4 inch high & 72 inch high, red paint) are in
private collections overseas and the 52 inch high is the artist's proof, which is at
his studio in Sarasota, Florida. Therefore, it is highly unlikely that one will ever come across this sculpture in another public art Go& w@y@l ..
entire United States.
2
For your review prior to the December 6,2007 meeting, you will find the
following documents enclosed:
Three renderings which include the sculpture image
Site Plan with sculpture location included and surrounding vegetation
identified
Topography drawing
Images of Andalucia - 4 perspectives
AIPP budget breakdown estimate
Jorge Blanco’s Resume
Technical drawings for a smaller version of the proposed Andalucia
sculpture. (NOTE: Technical drawings for the proposed 11 foot
Andalucia are part of the commission process and due to the cost
involved will be done a$er approval by city council.)
Artist Jorge Blanco will need three months to complete his drawings and fabricate
Andalucia. With approval by City Council December 6, we plan to have
Andalucia installed by the end of March to the middle of April.
We look forward to meeting with the City Council Members on December 6 and
look forward to a favorable vote for this beautifid sculpture.
Sincerely,
Lucy M. F. Keshavarz
Arts Consultant to Pishon Partners, LLC
Enclosures
Andalucia by Jorge Blanco
Four Perspectives
GARDENS COMMERCE CENTER
AlPP Escrow Amount - $40,416.50
AlPP Budaet Breakdown - Estimate
Sculpture (fabrication, delivery & installation)
Art Consulting Fee
3% to City of PBG
Site Design, Landscape Design & Landscaping
Lighting / Electrical
Sculpture Foundation / Base
Berm
Structural Engineer Review & Building Permit
Mics Costs
Total
$27,000.00
$4,850.00
$1,212.50
$3,500.00
$3,300.00
$1,400.00
$310.00
$1,000.00
$500.00
$43,072.50
JORGE BLANC0
2315 Florinda St., Sarasota, FL 34231
Ph. 941.927.1010 / Fax. 941.870.2412 / Email: info@jorgeblancosculpture.com
For thirty years, Jorge Blanco (b. 1945 Caracas, Venezuela) has received recognition for his
work as an artist, sculptor, graphic designer, illustrator and humorist. Trained as an industrial
designer, Jorge Blanco displays a mastery of emblematic form in sculpture. In 1971 he
received an academic degree in Industrial Design, from the Neumann Institute in Caracas.
Jorge moved to Rome, Italy in 1974 where he studied at the academy of Fine Arts. His first
sculpture exhibition in Europe was a one-man show at the Italian-American Institute in Rome in
1978. In 1979, his sculptures and drawings were exhibited at the Contemporary Art Museum in
Caracas. Since then he has participated in over 100 group and solo exhibitions in Venezuela,
Europe, Japan and the US. In the United States he has gallery representation in Florida and
California. His work is sold privately in Europe and South America.
Since 1999 he lives and works in Sarasota, Florida. In 2005 Jorge was highlighted by Florida
International Magazine, as one of the creative individuals that help make Florida a destination
with unlimited potential. Jorge's sculpture "The Roller" was featured on the cover of American
Style Magazine's June 2007 issue about the Top 25 cities for Art.
During the last 11 years Jorge has directed his efforts to the creation of large-scale sculpture,
convinced that through works that are vibrant and full of optimism he can contribute to the
cultural development of our communities. Blanco is very proud of his skill as an artist, his
dependability in meeting deadlines and the high qualrty of his work. This dedication has
helped him attain the experience and technical capability to design and construct large-scale
sculpture. The materials that he works with are of the highest quality; aluminum, stainless
steel, powder coating or polyurethane enamel are combined, achieving excellent resutts in
withstanding the elements. Jorge has successfully installed large scale and medium sue works
in different public and private sites.
PUBLIC ART
0 "Alfresco," Universrty Ridge Park. City of Reno, Nevada
"Smile," Hotel Indigo. Sarasota, Florida
0 "Pleasant Tree," City of Chula Vista Public Library, California
0 "Phoenix," Anderson Administration Building, City of Venice, Florida
"To Be Red," Commissioned by the Longboat Key Center for the Arts,
Sarasota, Florida
0 "Cartwheel," Commissioned by the Public Arts in the Public Schools Project,
Sarasota, Florida
0 "The Runners," Permanent Installation. Commissioned by the City of Sarasota
0 "Marathon," Commissioned by "A Gift to My CQ," Caracas, Venezuela
"Nagayama Plaza," Group of 3 sculptures, Commissioned by the Contemporary
"Sun Smile," Project SMILE. Commissioned by the Tokyo Metropolitan
"Sun, Blue 43 Red," "Francisco Fajardo" Highway, Caracas, Venezuela
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Sculpture Center, Tokyo, Japan
0 Community
Shopping Center Project, Azabu Juban, Minato Ku, Tokyo, Japan
SELECTED ONE MAN EXHIBITIONS
2004
2003
1997
"Sculpture," Longboat Key Center for the Arts. Longboat Key, Florida
"Sculpture," Katherine Butler Gallery, Sarasota, Florida
"Fast Life Metallics" Sculptures & Serigraphs, lcono Gallery, Caracas,
Venezuela
"A Ton of Art," Sculptures, Britt0 Central, Miami Beach, Florida
"Iron Humor," Sculptures, Euroamerican Art Center, Caracas, Venezuela
"Faces and a Watermelon," Sculptures, Oscar Ascanio Gallery, Caracas,
Venezuela
"Travel in the Subway with The Castaway," Metro de Caracas, Venezuela
Sculptures and Drawings by Jorge Blanco, Contemporary Art Museum of
Caracas Sofia Imber, Caracas, Venezuela
Sculptures & Drawings, Italian-Latin American Institute, Rome, Italy
Drawings by Jorge Blanco, Paesi Nuovi Gallery, Rome, Italy
Drawings & Sculptures by Jorge Blanco,"G Gallery, Caracas, Venezuela
30 Drawings by Jorge Blanco, Banap Gallery, Caracas, Venezuela
GROUP EXHIBITIONS
1997
1995
1992
1987
1979
I 978
1976
1975
1974
2006-2007 "Sculpture on the plaza", Sculpturesite Gallery, San Francisco, California
2007
2006
2006
2005-2005 "Sarasota Season of Sculpture International Exhibition." Sarasota, Florida
"Sculpture," Hw Gallery, Naples, Florida
"Figuratively Speaking Exhibition. " Stamford, Connecticut
"Primary Colors" Sculpturesite Gallery," San Francisco, California
2005
2005
2005
2004
2004
2004
2004
2003-04
2003
2003
Grand opening Exhibition. Sculpturesite Gallery," San Francisco, California
HW Gallery, Naples, Florida
"New Works," A New Leaf Gallery - Sculpture Site, Berkeley, California
Fenn Gallery, Woodbury, Connecticut
A New Leaf Gallery, Berkely, California
Art Plus Gallery, Coral Gables, Florida
"ARTEAM ERICAS, Miami, Florida
"Urban Trees," Port of San Diego, California
"Sarasota Season of Sculpture," Sarasota, Florida
"Art Center Sarasota," Sarasota, Florida
SELECTED HONORS
Selected to represent Venezuela in the "Biennale lntemazionale dell'Arte
Contemporanea" (International Biannual of Contemporary Art), Florence, Italy
I999
1998 Decorated with the Second Class "Order Andre Bello," for artists by the
President of Venezuela
1995-
Punto Sur, Inc. and Print magazine, New York, USA.
Included in the book "The best graphic design of Latin America & the Caribbean",
"Pedro Leon Zapata Award", to the best cartoonist. Caracas, Venezuela.
1993 Decorated with the First Class "Order Francisco Fajardo," for renowned
Artists, by the Government of the City of Caracas, Venezuela
1983 Represented in the Collection of Cartoons & Caricatures. Bask, Switzerland.
First Prize, 111 Salon of Children Illustrators, Fundacomun. Caracas, Venezuela.
1979 University of Carabobo Award, Xxxvl Salon Arturo Michelena, Ateneo de
Valencia, Venezuela
1978 Award for Sculpture, Torre D'Ansperto, Milan, Italy
First Award for medium format sculpture, Monterrotondo, Italy
1975 Universtty of Carabobo Award, XXXll Salon Arturo Michelena, Ateneo de
Valencia, Venezuela
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RESOLUTION 125,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC
PLACES FOR THE GARDENS COMMERCE CENTER PLANNED
UNIT DEVELOPMENT (PUD), WHICH IS LOCATED ON THE WEST
SIDE OF RIVERSIDE DRIVE, EAST OF INTERSTATE 95, NORTH
OF PLAT 5, AND APPROXIMATELY 300 FEET SOUTH OF BURNS
ROAD, AS DESCRIBED MORE PARTICULARLY HEREIN;
PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City’s Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, the City received a request from Lucy Keshavarz on behalf of
Pishon Partners, LLC for an approval of the proposed Art in Public Places for the
Gardens Commerce Center Planned Unit Development (PUD) which is located on the
west side of Riverside Drive, east of Interstate 95, north of Plat 5, and approximately
300 feet south of Burns Road, as more particularly described herein; and
WHEREAS, the subject site has been rezoned by Ordinance 7, 2007 to a
Planned Unit Development (PUD) overlay with an underlying zoning of Light Industrial
(M-IA). The subject site has a future land-use designation of Industrial (I); and
WHEREAS, on March 1 , 2007, the City Council approved Resolution 18, 2007,
thereby approving the Gardens Commerce Center PUD allowing for the construction of
three buildings consisting of 41,577 square feet of light industrial use, and 27,718
square feet of accessory professional office use on a 4.45-acre parcel; and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient, and has recommended its approval; and
WHEREAS, the Art in Public Places Board reviewed the petition at its October
16, 2007, public hearing and recommended its approval by a vote of 4-1; 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, the City Council has determined that adoption of this Resolution is in
the best interests of the citizens and residents of the City of Palm Beach Gardens.
Date Prepared: October 30, 2007
Date Prepared: October 30, 2007
Resolution 125, 2007
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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 City Council hereby approves the proposed Art in Public Places
for the Gardens Commerce Center Planned Unit Development (PUD) which is located
on the following described real property:
LEGAL DESCRIPTION
GARDENS COMMERCE CENTER
BEGINNING THE QUARTER CORNER ON THE WEST LINE OF SECTION 7,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, RUN
DISTANCE OF 619.62 FEET TO THE INTERSECTION OF SAID QUARTER SECTION
NORTH 89'57'00" EAST, ALONG THE EAST-WEST QUARTER SECTION LINE A
LINE AND THE CENTER-LINE OF RIVERSIDE DRIVE; THENCE SOUTH 10'33'45"
EAST ALONG THE CENTER-LINE OF SAID RIVERSIDE DRIVE A DISTANCE OF
236.00 FEET TO THE POINT OF CURVATURE OF RIVERSIDE DRIVE; THENCE
LINE FORMS A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS
OF 512.28 FEET THROUGH A CENTRAL ANGLE OF 11'25'48" A DISTANCE OF
102.20 FEET; THENCE SOUTH 89'57'00" WEST, A DISTANCE OF 32.20 FEET TO
BEGINNING; THENCE CONTINUE SOUTH 89'57'00" WEST, A DISTANCE OF 51 1.90
CONTINUE ALONG THE CENTER-LINE OF RIVERSIDE DRIVE AS SAID CENTER-
THE WEST RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE AND THE POINT OF
FEET TO THE EAST RIGHT-OF-WAY LINE OF 1-95; THENCE SOUTH ALONG THE
RIGHT-OF-WAY LINE OF 1-95, WHICH DESCRIBES A CURVE CONCAVE TO THE
WEST, HAVING A RADIUS OF 3969.83 FEET HAVING A CENTRAL ANGLE OF
01'27'54" A DISTANCE OF 101.50 FEET TO THE POINT OF TANGENCY OF THE
CURVE; THENCE SOUTH 00'13'45" WEST ALONG THE WEST RIGHT-OF-WAY
LINE OF 1-95 A DISTANCE OF 179.95 FEET TO THE INTERSECTION OF THE WEST
RIGHT-OF-WAY LINE OF 1-95 WITH THE NORTH RIGHT-OF-WAY LINE OF
THOMPSON RIVER AS SHOWN ON PLAT NO. 5 OF THE CITY OF PALM BEACH
GARDENS, AS RECORDED IN PLAT BOOK 27, PAGE 95, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89'47'45" EAST ALONG SAID
NORTH RIGHT-OF-WAY LINE A DISTANCE OF 248.53 FEET TO THE POINT OF
CURVATURE OF THE NORTH RIGHT-OF-WAY LINE OF THOMPSON RIVER;
THENCE ALONG THE SAID RIGHT-OF-WAY LINE WHICH DESCRIBES A CURVE
CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 1564.34 FEET THROUGH
A CENTRAL ANGLE OF 23'22'02" A DISTANCE OF 637.99 FEET; THENCE NORTH
33'53'49" EAST ALONG THE SOUTHWESTERLY PROLONGATION OF THE
NORTHWEST RIGHT-OF-WAY LINE OF BUCKEYE STREET A DISTANCE OF 43.91
FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE;
THENCE NORTH 56'06'11" WEST, ALONG SAID RIGHT-OF-WAY LINE A DISTANCE
OF 212.66 FEET TO THE POINT OF CURVATURE OF SAID RIGHT-OF-WAY LINE;
2
Date Prepared: October 30, 2007
Resolution 125, 2007
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THENCE CONTINUE ALONG THE SAID SOUTHWESTERLY RIGHT-OF-WAY WHICH
DESCRIBES A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF
542.28 FEET THROUGH A CENTRAL ANGLE OF 35’22’55” A DISTANCE OF 334.87
FEET TO THE POINT OF BEGINNING. ALL BEING THE NORTH HALF OF THE
SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST.
CONTAINING 69,295 SQUARE FEET OR 4.45 ACRES, MORE OR LESS.
SECTION 3. This approval is subject to the following conditions, which shall be
the responsibility of the Applicant, its successors, or assigns:
1. The Applicant shall submit digital photographs of the installed artwork within
sixty (60) days of completion. (Planning & Zoning)
2. The Applicant shall install the art prior to the issuance of the last certificate
of occupancy. (Planning & Zoning)
SECTION 4. The Art in Public Places shall be installed in compliance with the
following plans on file with the City’s Growth Management Department:
1. Gardens Commerce Center “Andalucia” art renderings, Sheets 1 through 3,
by Cotleur and Hearing, Inc., received and stamped by the City on October
22, 2007.
2. Gardens Commerce Center Site Plan “Andalucia” art location plan, Sheet 4,
by Cotleur and Hearing, Inc., received and stamped by the City on October
22, 2007.
3. Gardens Commerce Center “Andalucia” four perspectives, Sheet 6, by
Jorge Blanco, received and stamped by the City on October 22, 2007.
SECTION 5. This approval shall be consistent with all representations made by
the Applicant or Applicant’s agents at any workshop or public hearing.
SECTION 6. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
3
Date Prepared: October 30, 2007
Resolution 125, 2007
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PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLIN
COUNCILMEMBER VALECHE
COUNC ILMEMBER BARN ETT
-- AYE NAY ABSENT
---
G:\attorney-share\RESOLUTlONSAlPP - gdns commerce ctr - reso 125 2007.docx
4
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 24,2007
Meeting Date: December 6,2007
Resolution 126,2007
Su bjectlAgenda Item: Village Square Professional Park Phase I1
[XI Recommendation to APPROVE
I ] Recommendation to DENY
Growth anagement Q * City Attorney
I Finance Administrator
I
Submitted by:
_- $- ,c , ‘’2k,&’
Daniel P. Clark, P.E.
City Engineer
Originating Dept.:
Engineering
.- J.+. , / A--?+-L
Daniel P. Clark, P.E.
City Engineer
Advertised:
Date:
Paper:
[ X ] Not Required
Affected parties
[X ] Notified /
[ ] Not required
Costs: 3 NIA
(Total)
$ NIA
Current FY
Funding Source:
[ ] Operating
[X ] Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
[ ] Denied
[ ] Continued to:
conditions
Attachments:
Resolution 126, 2007
[ ]None
Date Prepared: October 24,2007
Meeting Date: December 6,2007
Resolution 126,2007
STAFF RECOMMENDATION
The Village Square Professional Park Phase I1 plat includes the replatting of Village Square Plat
#2, lying west of Prosperity Farms Road and south of RCA Boulevard, a 2.23-acre commercial
site located west of Prosperity Farms Road and south of RCA Boulevard.
Staff recommends approval of Resolution 126,2007.
2
Date Prepared October 24, 2007
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RESOLUTION 126,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE VILLAGE
SQUARE PROFESSIONAL PARK PHASE II PLAT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Engineer has reviewed the Village Square Professional
Park Phase II Plat; and
WHEREAS, the City Engineer has determined that the proposed plat meets all
the technical requirements of the City’s Land Development Regulations and Chapter
177, Florida Statutes, and recommends approval of the plat; and
WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs;
and
WHEREAS, the City Council has deemed 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 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Mayor and City Clerk are hereby directed and authorized to
execute the Mylar of the Village Square Professional Park Phase II Plat, consisting of
three (3) sheets, prepared by Sunshine Surveyors, and attached hereto as Exhibit “A.”
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: October 24, 2007
Resolution 126, 2007
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PASSED AND ADOPTED this day of , 2007
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
JABLIN
VALECHE
BARNETT
-- AYE NAY ABSENT
/
G:\attorney-share\RESOLUTiONS\PLAT - village square prof park phase II - reso 126 2007.docx
2
Date Prepared: October 24, 2007
Resolution 126, 2007
EXHIBIT A
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ROAD PLAT BOOK 2. FAGET 136 AND 137 /-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 4,2007
Meeting Date: December 6,2007
Ordinance 27,2007
~~~
Subject/Agenda Item:
Ordinance 27, 2007/Petition CP-04-03 - First Reading of Comprehensive Plan Text
Amendment
First Reading: A request by Marty Minor of Urban Design Studio, on behalf of Jeff and David
Spear, for a Comprehensive Plan Text amendment to the Future Land-Use Element to address
land-use designations for future annexation areas within the Western Northlake corridor study
area along Northlake Boulevard.
[XI Recommendation to APPROVE
[ 1 Recommendation to DENY
Reviewed by:
City Attorney
Christine Tatum
Development
Co~npliance~NIA~
Bahareh Keshavarz- Wolfs,
AICP
Growth Manage
Administrator
Kara Irwin, AICP
Accounts
Approved By:
Ronald M. Ferris
Originating Dept.:
Growth Management:
Project
Manager @)/Q
Richard J. Maker"
Planner
[ 3 Quasi - Judicial
[ XI Legislative
[ ] Public Hearing
Advertised:
Date: N/A
Paper: The Palm Beach
Post
[ ] Required
[ X ] Not Required
Affected parties:
[ ] Notified
[ X ] Not Required -
FINANCE:
Costs: $-N/A
Total
rfi_-- N/A
Current FY
Fitiiding Source:
[ ] Operating
[XI OtherPM--
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ 3 App. wi conditions
Denied
Rec. approval
Rec. app. wi conds.
Rec. Denial
Continued to:
ach men t s :
Ordinance 27,
PBCounty
letter
Data Analysis
DCAORC
2007
report dated
1 21 1 4104
City ofWest
Palm Beach
Sewer & Water
Agreement
Date Prepared: September 4, 2007
Meeting Date: December 6,2007
Ordinance 27,2007
EXECUTIVE SUMMARY
An applicant initiated request for a Comprehensive Plan Text amendment to the Future Land-
Use Element to address land-use designations for future annexation areas within the Western
Northlake corridor study area along Northlake Boulevard. On August 19,2004, the City Council
held a public hearing to review the subject petition, and after considerable discussion the
applicant requested, and was granted, a continuation until September 30, 2004. On September
30, 2004, the City Council approved the proposed text amendment and future land-use
amendment to be transmitted to the Department of Community Affairs (DCA) for review and
comment.
BACKGROUND
The applicant is proposing a Comprehensive Plan Text amendment to address land-use
designations for future annexation areas along Northlake Boulevard. This is a companion
petition to the proposed Future Land Use (FLU) amendment involving a 61.9-acre parcel
adjacent to Northlake Boulevard. The subject site for the proposed FLU map amendment was
annexed into the City on October 21, 2004. Concurrent with the annexation application, the
applicant had filed this Comprehensive Plan Text amendment petition to permit densities of up to
1 unit per acre west of the urban growth boundary. The subject petition and the concurrent
Future Land Use (FLU) amendment were transmitted to the Department of Community Affairs
(DCA), and did not receive any comments in the Objection, Recommendations, and Comments
(ORC) report. However, no action was ever taken to adopt the amendments. Therefore, the
applicant had to consult with DCA to confirm that the applications were still valid, and that they
could be resubmitted to the City for review without going through the entire application and
review process again. Based upon DCA’s interpretation, the applicant has resubmitted this
Comprehensive Plan Text amendment and the concurrent FLU amendment.
The 61.9-acre parcel is bounded on the north and east by property owned by Vavrus
Development, to the west by two vacant parcels and to the south by Northlake Boulevard. The
subject site currently has a Palm Beach County land-use designation of Rural Residential
(RR20), which allows one unit per 20 acres. The applicant is proposing an amendment to
change the current County land-use designation of the subject parcel from Rural Residential 20
(RR20) to the proposed Palm Beach Gardens land-use designation of Residential Very Low
(RVL), which would permit one dwelling unit per acre.
Currently, the City’s Comprehensive Plan does not allow for densities greater than Rural
Residential 20 (RR20) or Rural Residential 10 (RR10) for properties lying outside the eastern,
urban service area. The applicant is requesting a text change to the City’s Comprehensive Plan
to allow for Residential Very Low (RVL) land-uses to be permitted west of the Urban Growth
Boundary.
COMPREHENSIVE PLAN TEXT AMENDMENT
The proposed text amendment to the comprehensive plan provides for changes to the Future
Land-Use Element to permit Residential Very Low (RVL) land-uses west of the Urban Growth
Boundary. The following are proposed amendments to the Comprehensive Plan. Please note
that deletions are S&=H-& and new language is underlined and bold):
Date Prepared: September 4,2007
Meeting Date: October 4,2007
Ordinance 27.2007
Future Land Use Categories
Future land use for Palm Beach Gardens is depicted using a total of 15 land-use categories
including general land uses and recommended improvements associated with specific land uses.
Map A presents hture land uses for Palm Beach Gardens (please see attached map). The map
provides for the projected land use needs to the year 201 5.
The Future Land Use Map represents a 2015 land-use scenario. The map designates an urban
growth boundary. Urban land uses are designated to the east of this boundary for all areas that
are not environmentally sensitive. Western lands are designated with rural or low intensity land
uses. The primary reason for this was to provide a long-term positive and realistic expectation of
orderly service provision, concurrent with the impact of development.
The following is a description of the Rural Future Land-Use Categories. These categories are
further explained and supplemented by the goals, objectives, and policies of this element.
Rural Residential (RR10,ud RR20 and RVL): Lying outside of the eastern, urban service
area, vacant properties have been designated with one of +we three rural sub-categories:
Rural Residential 10: one dwelling unit per ten acres
Rural Residential 20: one dwelling unit per twenty acres
Residential Verv Low: one dwellinp unit Der acre for annexed Droperties
frontinp on Northlake Boulevard.
Rural areas that are extremely wet and designated Rural Residential 20 to protect the wetland
values. The intent of the rural residential designations is to provide low intensity development in
these areas while encouraging more intense, compact growth in the eastern areas and to prevent
urban sprawl.
In the Rural Residential sub-categories, limited agricultural uses are expected to co-exist with
residential use. Agricultural uses permitted within the Rural Residential category must be
compatible with the environmental characteristics and natural resources, as well as with the
lifestyle and quality of life of the residents.
Residential Very Low (RVL): The RVL category allows predominately single family detached
residential development up to 1.0 unit per gross acre. The RVL category also allows clustered
developments which preserve vast amounts of open space and natural resources. Thus, large,
planned community areas are permitted within this category even if they contain several types of
development so long as the overall gross density of the development is consistent with that
permitted under the RVL category. Developments within the RVL land-use shall be
consistent with Policy 1.1.5.1 (a) 2 of the City’s Comprehensive Plan.
Policy 1.1.5.1 (a) 2: For all properties west of the urban growth boundary (Loxahatchee Slough),
the City shall impose the following requirements, and implement land development regulations
as necessary.
3
Date Prepared: September 4,2007
Meeting Date: October 4,2007
Ordinance 27.2007
1. Development shall be consistent with rural densities and intensities and shall receive
services consistent with the adopted level of service standards for the rural area. All
proposed development shall include a minimum of 250 acres which shall be rezoned to
either: 1) Planned Community District (PCD) and contain, at a minimum, a master
development plan indicating all proposed collector roads and supporting documentation
which describes what the development is to include and how it is to proceed (phasing); or
2) Planned Unit Development (PUD) which shall include, at a minimum, site plans,
landscape plans, and all proposed collector and local roads. All site plans developed
within PCDs shall be subject to the densities and intensities assigned to them under the
PCD master plan documentation. A waiver from the minimum size threshold may be
granted by the City Council for existing parcels of lesser size as of February 19, 1998.
The City Council may also grant a waiver to allow government entities to develop
properties, of less than five acres, west of the City’s urban growth boundary if the site is
designated Conservation on the Future Land Use Map and if the site is restricted or
related to conservation purposes, passive recreation use, or pedestrian trails.
2. Individual development “pods” within an approved PCD shall undergo site plan review
which shall include at a minimum, site plans, landscape plans, and all proposed local
roads.
3. The overall density of PCD/PUDs in this area shall not exceed the maximum density
permitted under the land use category.
4. Site design shall be sensitive to the natural resources and environmental characteristics of
the property.
5. All PCD/PUDs shall be subject to the provisions of the Conceptual Linkage Plan for
Northwest Palm Beach Gardens as described in the Future Land Use, Transportation, and
Conservation element.
6. The master development plan shall be consistent with and implement the City’s
Conceptual Thoroughfare Plan.
STAFF ANALYSIS
The applicant has submitted a PUD application which includes site plans, landscape plans, and
all proposed collector and local roads. The applicant’s site plan is sensitive to the
environmentally significant lands located on the site and has incorporated a “cluster”
development in order to mitigate the potential impacts of the residential development. With this
petition, the applicant proposes a text amendment to establish the RVL future land use category.
Please note that without approval of the proposed text amendment the applicant will exceed the
maximum density permitted under the current land use category (please see requirement three
listed above).
Policy 1.1.5.4 (a): The City shall maintain planned development area (PDA) zoning to all
undeveloped non-conservation for which a development plan has not been approved by the City.
The PDA zoning shall apply to all properties over 10 acres in size and in the urban-area, shall be
regarded a “holding zone” until development of the said properties is requested pursuant to the
4
Date Prepared: September 4,2007
Meeting Date: October 4, 2007
Ordinance 27.2007
comprehensive plan. At the time of the rezoning of the land from PDA to PUD or PCD, the
underlying land use shall guide the intensity and type of development. All proposed development
shall be of character consistent with the urban or rural distinctions established by the Urban
Growth Boundary (Policy 1.1.5.4.(b)). The permitted uses, in the urban area, under the PDA
district shall include single-family residences at the density of one dwelling unit per ten acres,
public parks and recreation facilities, and as conditional uses agriculture and institutional uses
such as churches and fire stations. Permitted uses in the rural area shall include single-family
residences at a density consistent with the Future Land Use designation (1 dull ac for annexed
properties frontinp on Northlake Boulevard, 1 dull0 ac, or 1 du/20ac), agriculture and public
safety facilities. Agricultural uses shall not be permitted in environmentally sensitive
preservation areas. Development within PDA shall be clustered and, in the urban area, shall be
supported by potable water, sanitary sewer and adequate roadway facilities. Septic tanks shall be
prohibited in the urban area in the PDA except for an individual single-family residence,
however, in the rural area, septic tanks are the standard. Uses in the rural area shall receive
services consistent with the adopted level of service standards. The rezoning of PDA to PUD or
PCD shall occur only when the applicable urban and rural services and facilities necessary to
support the intensity of such development will be in place concurrent with the impacts of the
development. The extension of public facilities into areas zoned PDA shall be consistent with
the urban and rural level of service standards, maximize the use of existing facilities and
services, encourage compact urban development and discourage the proliferation of urban
sprawl. Concurrent with rezoning to PCD/PUD, any uses not permitted by the underlying land
use category shall cease consistent with the phasing plan of the approved PCD/PUD.
STAFF ANALYSIS
This proposed Text Amendment recognizes the importance of the interaction between the City's
Vision Plan and the Western Northlake Corridor Land Use Study with the decision-making
process for the future land-use amendments. The proposed language provides that future
annexation areas can be designated by the City Council as RRlO, RR20 or RVL, which would
provide for the low intensity residential development envisioned for this area while allowing
opportunities for the preservation of upland and wetland habitats. The City's Vision Plan
identifies the properties around the Northlake Boulevard Properties site as Residential Very Low
(RVL). The applicant is requesting a RVL Future Land Use Plan designation, which is
consistent with the City's Vision Plan. The applicant has also provided data analysis for the
four remaining properties located within the City's future annexation area fronting on
Northlake Boulevard, west of the Urban Growth Boundary (UGB) reflected on the City's
Future Land Use Map.
In summary, the data analysis provided by the applicant does not show any unmitigated
additional impacts and or a reduction in any level of service (please see attached). The
applicant has also provided an urban sprawl analysis consistent with the requirements of
Chapter 9J-5, Florida Administrative Code, demonstrating that the proposed text
amendment does not create urban sprawl west of the Urban Growth Boundary (UGB).
NEARBY LOCAL GOVERNMENT COMMENTWOBJECTIONS
On June 8, 2004 the Department of Planning and Zoning for Palm Beach County issued a letter
regarding the proposed text amendment. The letter described the County's objection to
5
Date Prepared: September 4,2007
Meeting Date: October 4,2007
Ordinance 27.2007
permitting land that is in the Western Northlake Corridor Land Use Study area to be designated
Residential, Very Low, and requested the following modifications to the language which was
being proposed at that time.
“Future annexation areas may be designated by the City Council as Rural
Residential 10, Rural Residential 20, or Residential Very Low in order to provide
opportunities for very low density residential use in conjunction with preservation
of upland and wetland areasa ., ..
’9
Since then, however, staff has modified the amendment so that the referenced language is no
longer included.
Also on June 8, 2004, the City of West Palm Beach objected to the applicant’s claim that the
sewer and water services will be provided by the City of West Palm Beach. The applicant has
since worked with the City of West Palm Beach to secure water and sewer services; and received
approval thereof on August 16,2004 (please see attached.)
LOCAL PLANNING AGENCY
On June 8, 2004, the Planning, Zoning, and Appeals Board, sitting as the Local Planning
Agency, held a public hearing to review the subject petition and voted 6-0 to recommend
approval of the subject petition to the City Council.
CITY COUNCIL
On August 19, 2004, the City Council held a public hearing to review the subject petition and
after considerable discussion the applicant requested a continuation. The City Council granted
the continuation request, and the item was taken back up at the September 30, 2004 meeting. At
the September 30th meeting, both the subject text amendment and the future land use amendment
were approved for transmittal to the DCA.
STAFF RECOMMENDATION
Staff recommends approval of Petition CP-04-03/0rdinance 27,2007.
6
.D
August 4,2004
Tala1 Benothman, Director
Planning and Zoning Dlvislon
City of Palm Beach Gardens
10500 N. MUltary Trall
Palm Beach Gardens, FL 33410-4608
Gar Mr. Benomrnan:
On June 8, 2004, the Palm Beach County Planning'Dlvlslon sent a
letter to the City of Palm Beach Gardens regarding proposed text
changes to the City's Cornprehenslve Plan. These changes wwld
allow. land in the Civs future annexation area to be designated by the
City Council upon annexation as RR-20, RR-IO or Residentlal Very
Low (RVL). The language, as pmvlously proposed, would have *
indicated that these changes were conslstent With the Western
Northlake Corridor Lend Use Study (WNCLUS). The Planning
Divlslon's letter to the City requested that this language lndicatlng conslstency With the WNCLUS be, deleted.
The City has since revised the proposed text changes, and has
sathfied the County's request. The County has no objectlon to the
changes as now proposed.
If you heve any questions, please do not hesitate to call me at 233-
5373.
Sinoerelv
/ Planning Urector
ax Susan Miller, Prlndprl Planhsr
Uma Low, Prlncrpal Planner
Bmndon Scbod, Planner
Ma@ Minor. Urban DeslQn Studio
T:Wannlng\CURRENT\NElbHPLN\WNCLUS\G;rrdena letter 84W.doc
urban
9J-5 ANALYSIS
FOR NORTHLAKE BOULEVARD PROPERTIES
ANNEXATION, COMPREHENSIVE PLAN AMENDMENT
AND TEXT AMENDMENT
June 4,2004
Urban Design
Urban Planning
~'''~~~''~~chit.c(ura At the request of City Growth Management Department staff, attached
for your review is an analysis on how the proposed Northlake
Boulevard Properties Annexation, Comprehensive Plan Amendment
and Text Amendment is consistent with the Rule 9J-5 of the Florida
Administrative Code. For your convenience, Rule 9J-5.006 has been reprinted in bold with the
response in italics.
93-5.006 Future Land Use Element
(g) Primary indicators. The primary indicators that a plan or plan amendment does not
discourage the proliferation of urban sprawl are listed below. The evaluation of the
presence of these indicators shall consist of any analysis of the plan or plan amendment
within the context of features and characteristics unique to each locality in order to
determine whether the plan or plan amendment:
1. Promotes, allows or designates for development substantial areas of the
jurisdiction to develop as low-intensity, low-density, or single-use
development or uses in excess of demonstrated need.
The City of Palm Beach Gardens is currently experiencing an explosion of
population growth and development activiQ. In 1999. the City 's largest
landowner, the John D. and Catherine T. MacArthur Foundation began divesting
thousands of acres of vacant lands within the City. Much of this land has been
brought into the development review process and u number of new residential and
non-residential project have been approved by the City. As a result, the Cify 's
population has grown 12% from 2000 to 2003, when [he population was
estimated to be 39,423 by the Bureau of Economic and Business Research
(BEBR). University of Florida. The City S Comprehensive PIan Support
Documents indicate that 14,003 dwelling units are going to be needed between
the years 2005 and 2010 within the City to serve its anticipatedpopulation. This
is 4,872 dwelling units more than what is anticipated to be needed for the years
2000 to 2005. An additional 4.855 dwelling units are anticipated within the
City's Comprehensive Plan for the years 2010-2015. As identi3ed in the
description for Residential Very Low Future Land Use Plan designation,
clustering of homes as means ofpreserving "vas[ amounts of open space and
natural resources. '' The provision of R VL designated
lands within the rural portion of the City would provide
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477 S. Rosemary Avenue
Suite 225 - The Lofls at City Place
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
LCC35
opportunities for the clustering of units and the preservation of environmentally-
signifcant lands.
2. Promotes, allows or designates significant amounts of urban development to
occur in rural areas at substantial distances from existing urban areas while
leaping over undeveloped lands which are available and suitable for
development.
The provision of the RVL FLUP designation within the Rural Residential
categories does not provide for urban development or urban intensities outside
the City’s established Urban Growth Boundary. The redesignation of the subject
sire to RVL is consistent with the City’s Vision Plan, which was a year-long
“visioning ”process conducted through a series of meetings involving elected
oflcials, general citizenry and city staflmembers. The Vision Plan, which was
created in 1996, called for the creation of the Urban Growrh Boundaty, which
was later incorporated within the City‘s Comprehensise Plan. In addition. the
Vision Plan called for the western portion of the City, outside of the urban growth
boundary, to be R VL. In 1998, a joint planning eflort was undertaken between
Palm Beach Counv and the Cities ofpalm Beach Gardens and West Palm Beach.
This eflort focused on the existing land use patterns and future land use along
Northlake Boulevard, west of the Beeline Highway. The result was the Western
Northlake Corridor Land Use Study, which included recommendations forjiuture
land uses in the area, the protection of natural resources, the provision of limited
services to the area and to discourage urban sprawl in the area. In discussing the
City of Palm Beach Gardens’ Vision for the area, the report states, “Should
interestedpartiesplition the City Council to change any of the existing land uses
within the study area, stagwill look for consistency with the Vision when making
recommendations for approval. ” The request to redesignate 61.9 acres of land
along Northlake Boulevard to RVL is consistent with the Vision Plan, as well as
the proposed text amendment would allow Palm Beach County enclaves located
north of Northlake Boulevard to request a RVL Future Land Use Plan
designation.
3. Promotes, allows or designates urban development in radial, strip, isolated or
ribbon patterns generally emanating from existing urban developments.
The proposed inclusion of the RVL FLUP designation within the Rural
Residential category of residential land uses does not promote, allow or designate
an urban level of intensity or density. The R VL designation already promotes the
clustering of homes in order to provide the preservation of environmentally-
significant lands and open space, which is consistent with preferrable rural
development.
4. As a result of premature or poorly planned conversion of rural land to other
uses, fails adequately to protect and conserve natural resources, such as
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wetlands, floodplains, native vegetation, environmentally sensitive areas,
natural groundwater aquifer recharge areas, lakes, rivers, shorelines,
beaches, bays, estuarine systems, and other significant natural systems.
The City s Comprehensive Plan states, “The RVL category is also allows clustered
developments which preserve vast amounts of open space and naiural resources.” The
clustering of homes provides for an alternate development pattern to the more
traditional large lot subdivision which is common in this area. Through clustering, the
opportunity exists to create corridors and linkage of environmentally-signifjcant lands
which are traditionally not possible under a large lot subdivision. It should be noted
that the City’s Comprehensive Plnn requires the preservation of viable wetland areas
and a minimum 0125% of all upland habitat (as further described in Policies 5.1.1.6,
6.1.2.2., 6.1.2.3.. 6.1.5.4., 6.1.S.6.. and 6.1.9.5.).
5. Fails adequately to protect adjacent agricultural areas and activities,
including silviculture, and including active agricultural and silvicultural
activities as well as passive agricultural activities and dormant, unique and
prime farmlands and soils.
The option of allowing the R VL FLUP designation outside of the City s urban
growth boundary does not preclude the provision of agriculture uses in the City,
which is allowed as a conditional use within the Planned Development Area
zoning district, which is a holding designation. The City does not have an
Agriculture Future Land Use Plan designation. Within the Western Northlake
Corridor Land Use Study, one of the recommendations was “protecting the rural
character of the area. ‘I The study provides several recommendations to achieve
this stated goal, such as investigating a rural cluster development pattern in the
study area.
6. Fails to maximize use of existing public facilities and services.
The subject properties are within the City s Future Annexation Area and is within
the future service area for the Seacoast Utility Authority. Currently, public
facilities, such as water and sewer services, are provided in this area by the
adjacent City of West Palm Beach. This is consistent with the City S Vision Plan
and the Western Northlake Corridor Land Use Study, which both recommended
the provision of limited services within the Northlake Boulevard corridor. The
Vision outlines a strategy for “Limited extension of ’urban services into the rural
area through alternative methods, such as package plants, may be desirable to
promote economic development, special housing, protection of natural resources,
and other social or energy considerations. ” The Western Northlake Corridor
Land Use Study includes several recommendations with regards to providing
limited services to properties being annexed into the City of Palm Beach Gardens.
The proposed Comprehensive Plan amendment does not discourage the
maximization ofpublic facilities within the Ciqs urban growth boundary.
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7. Fails to maximize use of future public facilities and services.
As stated above, the subject properties are within the City ’s Future Annexation
Area and is within the future service areafor the Seacoast Utility Authority.
Currently, public facilities, such as water and sewer services, are provided in this
area by the adjacent City of West Palm Beach. In addition, the City ‘s Vision plan
and the Western Northlake Corridor Land Use Study both call for limited services
to be available to lands within the rural lands along Northlake Boulevard.
8. Allows for land use patterns or timing which disproportionately increase the
cost in time, money and energy, of providing and maintaining facilities and
services, including roads, potable water, sanitary sewer, stormwater
management, law enforcement, education, health care, fire and emergency
responses, and general government.
The City’s Comprehensive Plan states, “The RVL category is also allows clustered
developments which preserve vast amounts of open space and natural resources. ” The
clustering of homes provides for an alternate development pattern to the more
traditional large lot subdivision which is common in this area. Through clustering, the
opportuniy exists to create corridors and linkage of environmenlolly-significont lands
which are traditionally not possible under a large lot subdivision. Within the Western
Northlake Corridor Land Use Study, one of the recommendations is investigating
a rural cluster development pattern in the study area. The proposed amendment
is consistent with the land use patterns planned for under the City’s Vision
document, which calls for rural intensity development in this area. As indicated
in the submitted Level of Service analysis, the proposed amendments will not
adversely impact the adopted LOS for services in this urea of the City.
9. Fails to provide a clear separation between rural and urban uses.
The City’s established urban growth boundary. created by Comprehensive Plan
Policy 1.1.5.4.(b)., eflectively establishes the separalion of rural and urbun uses.
The proposed amendments will not aflect the location of that boundary. The RVL
designation is a rural residential density which is appropriate in the section of the
City and is consistent with the City’s Vision Plan and the Wesfern Northlake
Corridor Land Use Study. The R VL designation would also provide a transition
Jrom the high-acfivity Northlake Boulevard to the lower density rural residential
categories located to the north and west.
10. Discourages or inhibits infill development or the redevelopment of existing
neighborhoods and communities.
Theprovision of RVL to the subject site does not discourage or inhibit inJill
developmenr within the City. The R YL designation provides for rural residential
development which would not be appropriate for infill or redevelopment site. The
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11.
12.
13.
RVL is also inappropriate for the urban portion of the City as its rural intensities
would not efficiently use the urban services with urban growth boundary. The
proposed amendments have been planned for during the past several years
through the City’s Visioningprocess and Western Northlake Corridor Land Use
Study. The proposed amendments are appropriate for the rural section and not
the urban portion of the City, where inJ11 development and redevelopment are
encouraged and permitted.
Fails to encourage an attractive and functional mix of uses.
Theprovision of the RVL FLUP designation on the subject site and the
opportunity to have the same designation for annexed properties along Northlake
Boulevard provide for the clustering of homes in a low density manner in order to
preserve open space and environmentally-signijicant lands. which are prevalent
in this subject area. This functional use of the land to preserve large areas of
open space, upland habitat and wetlands is consistent with the rural designation
of the subject portion of the City.
Results in poor accessibility among linked or related land uses.
Because of its location north of Northlake Boulevard, access to the subject
properties and surrounding properties is excellent. The proposed amendment
would not aflect the access to the subject sites.
Results in the loss of significant amounts of functional open space.
As stated earlier, the RVL FLUP designation is designed to promote the
clustering of homes for the preservation of “vast amounts of open space and
natural resources.” The City also requires a minimum 35 percent open space for
residential developments, the preservation of wetlands and the preservation of a
minimum of 25 percent ofthe subject site’s upland habitat.
(h) Evaluation of land uses. The comprehensive plan must be reviewed in its entirety to
make the determinations in (5)(g) above. Plan amendments must be reviewed
individually and for their impact on the remainder of the plan. However, in either
case, a land use analysis will be the focus of the review and constitute the primary
factor for making the determinations. Land use types cumulatively (within the
entire jurisdiction and areas less than the entire jurisdiction, and in proximate areas
outside the jurisdiction) will be evaluated based on density, intensity, distribution
and functional relationship, including an analysis of the distribution of urban and
rural land uses. Each land use type will be evaluated based on:
1. Extent.
The proposed annexation and Future Land Use Plan amendmentsor 61.9 acres
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2.
3.
4.
5.
6.
7.
constitute just 0.17percent of the City. The properties aflected by the proposed
text amendment (see attached map) reflect just l.45percent of the City s acreage.
Location.
The property subject of the FLUP redesignation and the properties affected by the
proposed text amendment are located north of Northlake Boulevard and west of
the Beeline Highway.
Distribution.
The proposed amendments only affecl a limited area of the City.
Density.
The proposed amendment would allow for up to one unit per acre on 61.9 acres of
land to be annexed into the City and allow future annexed lands along Northlake
Boulevard to have the option of having a density up to one unit per acre. This
density is consistent with the surrounding land use pattern, the City's Vision plan
and the Western Northlake Corridor Land Use Study.
Intensity.
As stated above, the proposed amendment would allow for up to one unit per acre
on 61.9 acres of land to be annexed into the City and allow future annexed lands
along Northlake Boulevard to have the option of having a density up to one unit
per acre. This density is consistent with the surrounding land use pattern, the
City's Vision plan and the Western Northlake Corridor Land Use Study.
Compatibility.
As described in the City's Comprehensive Plan, the RVL FLUP designation would
allow for low-density clustered development with the preservation of large areas
of open space and environmentally-sensitive lands. Through clustering, the
opportuniv exists 10 create corridors and linkage of environmentally-signijicant lands
which are traditionally not possible under a large lot subdivision. Within the Western
Northlake Corridor Land Use Study, one ofthe recommendations is investigating
a rural cluster development pattern in the study area. The proposed amendment
is consistent with the land use patterns planned for under the City's Vision
document, which calls for rural intensity development in this area. The proposed
R VL designation is also consistent with the nearby approval of the Carleton Oaks
and Osprey Isles developments, which each have an overall density of one unit
per acre.
Suitabiiity.
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The lands to the east of the City’s urban growth boundary feature three main
residential FLUP designation: Residential Low, Residential Medium and
Residential High. These are the primary urban residential designations. Please
note that Mobile Home and Mixed Use also allow residential uses. Within the
rural section (west of the urban growth boundary) of the City, the Rural
Residential IO and Rural Residential designation are the most prominent
residential FLUP designations. This amendment would clarijj RVL as a rural
category with limited service provision to be considered within the rural section
of the City for recently annexed properties adjacent to Northlake Boulevard,
which is a four-lane roadway which may expand to six to eight lanes in the
coming years. Because of such intensity associated with Northlake Boulevard, it
is more appropriate and suitable to have a RVL FLUP designation as a transition
to the more eastern development. Of the Palm Beach County enclaves in this area,
48% of the enclave area has been converted to a land use designation of one unit
per acre since the completion of the Western Northlake Corridor Land Use Sludy.
8. Functional relationship.
The subject site is located along a major roadway and serves to transition from
the more urban uses to the east and the more rural and environmentally sensitive
area to the west. This area has been subject of a study (Western Northlake
Boulevard Land Use Study) by the two adjacent munickalities and Palm Beach
County due to the desire to protect existing residential community values and to
promote rural lifestyles. In recent years, the local governments have been
redesignating the land uses in this area to low density residential.
9. Land use combinations.
The existing land use combinations along the North lake Boulevard corridor west
of the Beeline Highway was studied in the Western Northlake Corridor Land Use
Study. The study recommends future land use plan amendments be reviewed for
consistency with the City’s Vision document. The City’s Vision documents
recommends R VL to promote the protection of natural resources while providing
opportunities for a rural IiJiesple.
10. Demonstrated need over the planning period.
As stated earlier, the City of Palm Beach Gardens is currently experiencing an
explosion ofpopulation growth and development activity. In 1999, the City’s
largest landowner, the John D. and Catherine T. Macrlrthur Foundation began
divesting thousands of acres of vacant lands within the City. Much of this land
has been brought into the development review process and a number of new
residential and non-residential project have been approved by the City. As a
result, the City ’spopulation has grown 12% from 2000 to 2003, when the
population was estimated to be 39,423 by Ihe Bureau ofEconomic and Business
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Research (BEBR). University of Florida. This growth is anticipated to continue
for the foreseeable future. As stated above, the Ciw’s Comprehensive Plan
Support Documents indicate that 14,003 dwelling units are going to be needed
between the years 2005 and 2010 within the City to serve its anticipated
population. This is 4,872 dwelling units more than what is anticipated to be
needed for the years 2000 to 2005. An additional 4,855 dwelling units are
anticipated within the City’s Comprehensive Plan for the years 201 0-2015. As
identijied in the description for Residential Very Low Future Land Use Plan
designation, clustering of homes as means ofpresewing “vast amounts of open
space and natural resources. ” The provision of RVL designated lands within the
rural portion ofthe City would provide opportunities for the clustering of units
and the preservation of environmentally-signifkant lands.
(i.) Local conditions. Each of the land use factors in (5)(h) above will be evaluated
within the context of features and characteristics unique to eaeb locality. These
include:
1. Size of developable area.
The property requested to be annexed and redesignated is 61.9 acres. The study
area for the properties afected by the proposed text change is 505.56 acres.
2. Projected growth rate (including population, commerce, industry, and
agriculture).
The following is the population estimates for the City found in the City ‘s
Comprehensive Plan Support Documents:
- Year Citv ’s Pop la tion
2000 40,369
2005 50,944
2010 61,519
2015 72,094
3. Projected growth amounts (acres per land use category).
Please see Table I-4 (attached) ofthe City’s Comprehensive Plan Support
Documents for the project Future Land Use Needs.
4. Facility availability (existing and committed).
The subject area is located within thefuture water and sewer service area of the
Seacoast Utility Aufhoriy, however, initial service will be provided through an
existing agreement with the City of West Palm Beach. The site located within the
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Northern Palm Beach County Improvement District for drainage services.
However, Northern is unable to provide services at this time. Indian Trail
Improvement District has agreed to provide drainage services for this site.
Police, jire and recreation facilities will be provided by the City of Palm Beach
Gardens upon annexation of theproperties. Access to the subject area will be
from the existing Northlake Boulevard.
5. Existing pattern of development (built and vested), including an analysis of
the extent to which the existing pattern of development reflects urban sprawl,
The existing pattern of development along Northlake Boulevard feature several
large lot subdivisions, which do not eflectively preserve the natural resources in
the area. The proposed RVL designation for future annexed properties along
Northlake Boulevard will allow for clustered development which allows for the
preservation of corridors and linkages of open space and environmentally-
significant lands on multiple parcels and connections to surrounding
conservation areas. The RVL designation also provides a suitable transition from
Northlake Boulevard, where other one unit per acre densities are located, to the
less dense FLUP designation farther north of Northlake Boulevard.
6. Projected growth trends over the planning period, including the change in
the overall density or intensity of urban development throughout the
jurisdiction.
As mentioned earlier, the City of Palm Beach Gardens has experienced a 12%
growth in population from 2000 to 2003. Palm Beach County also continues to
grow in population as the County has received 54,254 new residents between
2000 and 2002, or a 4.?%population increase. During this time frame, the
County has added 74 new residents per day. Between 2000 and 2003, the City of
Palm Beach Gardens has added 3.8 new residents per day. In addition, The
Scripps Research Institute recently announced it is locating its east coast
headquarters immediately west of the City of Palm Beach Gardens. Adjacent to
the future Scripps location will be the planned Palm Beach Gardens Science and
Technology Village. The creation of [he Scripps headquarters and [he Science
and Technology Village is hoped to create thousands of new, high-tech, jobs
within the area. The Village is proposed to be a satellite community, which will
benefit from the surrounding low density rural residential characteristics.
7. Costs of facilities and services, such as per capita cost over the planning
period in terms of resources and energy.
The proper@ lies within the planned service area as defined by Palm Beach
County, West Palm Beach and Seacoasl Utility Authority and as such is provided
for in terms of the Capital Improvement programs of these identities. As this site
and the adjacent enclaves have been studied in terms of development pattern
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preferences, the facility and service levels have already been discussed in a joint
planning eflort. Additional, the costs for direct service provision to the site will
be bore by the developer in terms of impact fees and the expense of on-site
infrastructure construction.
8. Ex tra-jurisdictional and region a1 growth characteristics.
The Scripps Research Institute has announced plans to located its east coast
headquarters north and west of the study area. Adjacent to the future Scripps
location will be the planned Palm Beach Gardens Science and Technology
Village. The creation of the Scripps headquarters and the Science and
Technology Village is hoped to create thousands of new, high-tech, jobs within
the area. The Village is proposed to be a satellite community, which will benejt
from the surrounding low density rural residential characteristics. The proposed
Comprehensive Plan amendment is consistent with the plans for the creation ofa
satellite community for the Science and Technology Village. As mentioned earlier,
the City of Palm Beach Gardens has experienced a 12% growth in population
from 2000 to 2003. Palm Beach County also continues to grow in population as
the County has received 54.254 new residents between 2000 and 2002, or a 4.7%
population increase. During this time frame, the County has added 74 new
residents per day. Between 2000 and 2003, the City of Palm Beach Gardens has
added 3.8 new residents per day.
9. Transportation networks and use characteristics (existing and committed).
The subject site and the study area will be serviced by Northlake Boulevard,
which has a 240 foot wide right-ofway west of Coconut Boulevard, adjacent to
the site.
10. Geography, topography and various natural features of the jurisdiction.
The subject site and study area feature significant amounts ofenvironmentally-
significant wetlands and upland habitats. As required in the City 's
Comprehensive Plan and Land Development Regulations, the viable wetlands will
be preserved and a minimum of 25% of the upland habitat will be preserved.
(j). Development controls. Development controls in the comprehensive plan may affect
the determinations in (5) (g) above. The following development controls, to the
extent they are included in the comprehensive plan, will be evaluated to determine
how they discourage urban sprawl:
1. Open space requirements.
The Comprehensive Plan dictates through Policy 1.1.1.1. that the City maintain
Land Development Regulations which provide for open space. The Land
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Development Regulations requirefor a minimum 35% open space for residential
projects, 15% for commercial and mixed use projects. Policies I. 1.1.9. and
1.1.4.4. of the Comprehensive Plan call for the provision of additional open space
along major arterial roadways in the City.
2. Development clustering requirements.
Clustering is recommend within the RVL FLUP designation as a means of
preserving open space and environmentally-significant lands. Policy 6. I .5.6. of
the Comprehensive Plan requires the clustering of development as a means of
preserving environmental lands.
3. Other planning strategies, including the establishment of minimum
development density and intensity, affecting the pattern and character of
development.
The City establishes density levels through Policy 1.1.1.2. and development
minimum development size and character in accordance with the location of the
project through Objective 1.1.5. and Policies l.l..5.l.(a).l,
1.1..5.~.(a).2,1.1..5.1,@)., 1.1.5.2.(a)., 1.1.5.2.(b)., 1.1.5.3., 1.1.5.4.(a).. and
1.1.5.4.e). Within the Comprehensive Plan Support Documents, land is the City
was divided up into sectors and each sector was analyzed for its location to urban
services, transportation links and environmental lands. Policies and FLUP
designations were created as a result of this sector analysis.
4. Phasing of urban land use types, densities, intensities, extent, locations, and
distribution over time, as measured through the permitted changes in land
use within each urban land use category in the plan, and the timing and
location of those changes.
In Policy J.1.5.4.(a).. the City creates the Planned Development Area zoning
designation for all non-conservation vacant lands. This is viewed as a “holding”
zone with its own regulations until development occurs to these lands.
5. Land use locational criteria related to the existing development pattern,
natural resources and facilities and services.
Within the Cirys Comprehensive Plan Support Documents, land in the City was
divided up into sectors and each sector was analyzed for its location to urban
services, transportation links and environmental lands. Policies and FLUP
designations were created as a result of this sector analysis. Based on this
locational criteria, speciJic land development requirements have been established
in Objective 1.1.5. and Policies l.I.S.I.(a).I, I.I.S.I.(a).2.1.1.S.I.(b)..
1.1.5.2.(a).. 1.1.5.2.(3).. 1.1.S.3., 1.1.5.4.(a)., and 1.1..5.4.@) ofthe
Comprehensive Plan.
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6.
7.
8.
9.
10.
11.
12.
13.
Infrastructure extension controls, and infrastructure maximization
requirements and incentives.
Policy 1.1.5.4. (b) of the City’s Comprehensive Plan established an urban growth
boundary within the City. The Comprehensive Plan also establishes different
infrastructure requirements and level of service standards for lands within and
outside of the urban growth boundary.
Allocation of the costs of future development based on the benefits received.
As identified in Policies 1.1.1.1. and 9.1.2.1., the City will continue to collect
impact fees for the provision of facilities required by new development.
The extent to which new development pays for itself.
Through the implementation of Policy 1.1.4.1.. the City has created a
Concurrency Management System which requires new development to pay for the
impacts on public facilities it creates.
Transfer of development rights.
Within Policy 6.1.5.6. of the Comprehensive Plan, wetland areas are protected
through a density transfer program to upland areas.
Purchase of development rights.
At this point in time, the purchase of development rights is not addressed within
the Comprehensive Plan.
Planned unit development requirements.
Policy I. 1.1.5. of the Comprehensive Plan establishes Planned Unit Development
requirements within (he City.
Traditional neighborhood developments.
Policy 1.1.1.3. establishes the criteria and requirements for Mixed Use projects,
which can include traditional neighborhood developments.
Land use functional relationship linkages and mixed land uses.
As stated above, within the Comprehensive Plan Support Documents, land is the
City was divided up into sectors and each sector was analyzed for its location to
urban services. transportation links and environmental lands. Policies and FLUP
designations were created as a result of this sector analysis. In addition, Policy
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1.1.1.3. of the Future Land Use Plan Element of the Cio's Comprehensive Plan
provides for a Mixed Use FLUP designation which incorporates, as a minimum,
two diflerent land use categories.
14. Jobs-to-housing balance requirements.
Policy 3.1.3.2. of the Comprehensive Plan calls for the high-density residential
areas to be located near major employment centers. Within the Mixed Use
projects, regulations and criteria have been created by the City to encourage
residences nearby to employment opportunities.
15. Policies specifying the circumstances under which future amendments could
designate new lands for the urbanizing area.
Policies 1.1.5.l.(a)2. and 1.1.5.4.(b). discuss the establishment of the urban
growth boundary within the City, the distinction between urbari and rural
portions of the City and the differing levels of service to be provided for urban
and rural lands. The Comprehensive Plan requires a super majoriv of the City
Council to approve the extension of urban services of the use of alternative
service mechanisms.
16. Provision for new towns, rural villages or rural activity centers.
The City 's Vision Plan identifed a rural activity center, which proposed
commercial uses, within the western or rural portion of the City. The Western
Northlake Corridor Land Use Study called for the investigation of an equestrian
community within the rural portion of the City. In addition, The Scripps Research
Institute and the Gardens Science and Technology Village will be creating a
satellite ciy within the western portion of the Ciry, which is consistent with the
location of the rural activity center identified on the City's Vision Plan.
17. Effective functional buffering requirements.
Within the City3 Comprehensive Plan, Policies I.1.1.7., 1.1.5.3.. I, I.7.2., and
6.1.8.2. require adequate buflering between land uses and between land uses and
adjacent rights-ojlway. In addition, the City has established a Parkway program
which requires a minimum 90 foot bufer along spec@ rights-of-way in the City.
18. Restriction on expansion of urban areas.
Policy 1.1.5.4. (3) of the Future Land Use Element of the City's Comprehensive
Plan creates two distinct area of the City: urban and rural. Services to these area
are outlined in the Plan 's Capital Improvement Element. The Comprehensive
Plan requires a super majority of the City Council to approve the extension of
urban services of the use of alternative service mechanisms.
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19. Planning strategies and incentives which promote the continuation of
productive agricultural areas and the protection of environmentally sensitive
lands.
The protection of environmentally-sensitive lands is a major goal of the City as it
has been identified numerous times throughout the Comprehensive Plan,
including Objective 1.1 .I ,, and within the City 's Vision Plan. The City requires
the preservation of viable wetland areas and a minimum of 25% of all native
upland habitat. Although the City does not have an Agriculture FLUP
designation, the Western Northlake Corridor Land Use Study recommends the
protection of a rural lfestyle in the subject area.
20. Urban service areas.
The City's Urban Service Area is located east of the urban growth boundary
established by Comprehensive Plan Policy 1.1.5.4.@) and located along the
eastern boundary of the Loxahatchee Slougli.
21. Urban growth boundaries.
The City 's Urban Growth Boundary was set at the eastern boundary of the
Loxahatchee Slough, as established by Comprehensive Plan Policy 1.1.5.4. (b).
22. Access management controls.
Policy 1.1.5.6. of Future Land Use Element of the Comprehensive Plan requires
that lots within a subdivision face an internal street network and lots along the
property periphery are buferedfrom other properties and major roadways.
Policy 2.1.4. I. requires limited access from driveways onto major roadways and
limited access between dissimilar land uses.
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P- COMM PLANNI~. PAGE 62/83
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better plam to call home"
December 14,2004
The Honorable Eric Jablin
Mayor, City of Palm Beach Gardens
10500 North. M.iltary Trail.
Palm Reach Gardens, 'Florida 3341 0-4698
Dear Mayor Eabliii:
The Department of' Community Affairs has completed its revvicw of the proposed
Com,prehernsive Nan Amendment for the City of Palm Beach Gardens (DCA No. 04-2): which
was received 011 July 29,2004. Copies of the proposed amendment have bcen distributcd to
appropri,ate state, regi.0n.d and local, agenci.es for their review, and tl1,ei.r conu~i.en~s are en.cl.osed.
The Departm.erit has revi.ewed the comprehensive plan amendment for consistency with
Rule bJ-5, Florida Administrative Code (F.A.C.) and Chapter 1.63, Bart 11, Flori.da Statutes (F.S.).
The Department does not identify any Objections and this lcttcr serves as the Objections,
Recorninelidatinns and Comments (ORC) report.
For yout assistance, we have attached procedures for final adoption and transmittal of the
comprehensive plan amendment. If you have any questions, please call Roger Wilburn, Principal
Planner, or Caroline Knight, Planner, at (850) 922-1773.
Sincerely yours,
Charles &A7 Gauthier, AICP
Chief, Office of Comprehcnsive Plan
CGIcks
Enclosures: Rcvicw Agency Comments
Transmittal. Procedures
cc: Mr. Charles K. Wu. AICP, Growth Management Director, City of Palm Bea
Mr. Michael Busha, Executive Director, Treasure Coast Regional Planning Co
WEST PALM BEACH CITY COMH1SS10N
Agenda Cover Memorandum
Aljonda Date: Adv~rtlrsd: ACW
OBn6lZOO4 Rlclrlpdl: OYor.Na HWTII#: 0- 0 SW
W~dneDepwbmnt:
PuMic utiim (PUI Dnc. prprr: PePml
ma&
RwdUk~n No. 4Q4-04 ru(horltlng the Second Amendment to Waw and Sewer Setvice WWnWN by
and between the City of West Pslm Beach and Seamst UtiQAuthulb.
A RESOLUTION OF WE CllY WMYIB810N OF VIE (31N OF WEST PALM BEACH, FLORIDA, AUMOREINQ THE MAYOR TO EYECUTETHE SlCONP AMENDMENT TO WATER AND SEWm WRVlCEAQREEWm WITH SucoAsT UTILITY AUI'tlORITY FOR THE PROVISION OF WAEA AND 8EWEA SERVICE TO A 61.9 ACRE TRACT ALONG THE NORTH SIDE OF NORTHLAKE BOULEVARD ON AN INTERIM MI$; PROVIDING FOR AN EFFECTIVE DATC; AND FOR OTHER
PURP08E6,
561 4941115 P.w
6
---
_. , , .. -.. --. . -.--.--.---- ,.. I.....
‘e’
RESOLUTION NO, 4WW
A ReSOLUTION OF TEE ClTY COMMISSION OF TElE C”Y OF WEST PALM
RLORIDA,AWTI~ORIZINGGMAYORTO EXECuTETEEsEC0M)~MEKI’
TO WATER AND SEWER SERVICE AGREEMEm WITR SEACOM” UTJLJTY
AUTEORITY FOR “HE PROMLSION 06 WATER AND S-R SERVICE TO A 619
ACRE TRACX’ ALONG THP: NORTH SIDE OF NORTHLAKE BOULEVARD ON AN
INTERIM BAST% PBOMDINO FOR AN EFFECT’TYE: DAm; AND BOR OTHER
PURPogeS.
WfEREAS, tbe City of West Pb Boooh dboiTQti to outer into a Second Ameadment to
Water and Sewer merit with Seacoa~t Utility Authority for the provfsion of watcr and sower
service to a 6L9 acre tract dong the north side of Northlake Boulevard on a interim beds;
6&cTIoN1- Thc City Commissim of the City of West Palm Beach, Florida, bby
autkorlzcs tba Mayor to execute thc Second Amendment to Woar sad Sewu
Ag~tment with S~~COIM Utility Authity for the pmvision of water ad sm
rerviw on an intetim bosip, to a 61.9 we aact along the north si& of Nortbfdrc
BouIGypTd, in tha form substantiially similar to tbat attdaed hereto BI Exhiift “A”
(tho Second Amcadment”).
Upon cxeaution of two (2) originah of the Sccond Amtntimsnt by tbe Mayor,
the originals shall be forwarded to tha Director of Public Utilities for fipthu
bdbg. A fully-urscutod od&d Scoond Agroemmt hll be pmvidsd to and
ratained by tho Ctv Clerk as a public record of the City.
-- -- - ----- - ---.- __
--
W
RESOLUTION NO, 494.04
Tbio Resolution shall take effect 86; provided by law,
PASSED AND ADOPTED THfs -- DAY OF , zoo-*
(CORPORATE SW)
AT186T:
CITY CLERK
CITY OF WEST PALM BEACH
BY THE CITY COMMISSION
. -. . . . - .- . . ..
'4 I
stoolrd Aard- WIbk a scwwsmtcc
city wP5 I rvlua
om204 1
HUli-UY-ZUU4 nufl 11;w MI rmi L IHILU~, ran, ..- _. . . ~ --.--- I --
Date Prepared: September 4, 2007
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ORDINANCE 27,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE FUTURE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF
PALM BEACH GARDENS TO ADD RESIDENTIAL VERY LOW
(RVL) AS AN ADDITIONAL RURAL RESIDENTIAL LAND USE
SUBCATEGORY FOR PROPERTIES LOCATED WEST OF THE
AREAS FRONTING ALONG NORTHLAKE BOULEVARD;
PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
CITY’S URBAN GROWTH BOUNDARY WITHIN NEWLY-ANNEXED
WHEREAS, the City of Palm Beach Gardens received an application (CP-04-03)
from Urban Design Studios, on behalf of Jeff and David Spear of Spear Northlake
L.L.C., for a text amendment to the Future Land Use Element of the City’s
Comprehensive Plan to permit Residential Very Low (RVL) land uses west of the City’s
Urban Growth Boundary within newly annexed areas fronting along Northlake
Boulevard; and
WHEREAS, on June 8, 2004, the Planning, Zoning, and Appeals Board, sitting
as the duly constituted Local Planning Agency for the City, recommended approval of
said amendment to the Comprehensive Plan of the City; and
WHEREAS, the City Council finds that the subject amendment is consistent with
the City’s Comprehensive Plan; and
WHEREAS, the City Council finds that the subject amendment is consistent with
Sections 163.31 84 and 163.31 87, Florida Statutes; and
WHEREAS, the City Council acknowledges that this amendment is subject to the
provisions of Sections 163.31 84(9) and 163.31 89, Florida Statutes, and that the City
shall maintain compliance with all provisions thereof; and
WHEREAS, the City has received public input and participation through public
hearings before the Local Planning Agency and the City Council in accordance with
Section 163.3181 , Florida Statutes; 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:
Date Prepared: September 4, 2007
Ordinance 27, 2007
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SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Future Land Use Element of the City's Comprehensive
hereby amended to read as follows:
Future Land Use Categories ********
Plan is
Rural Residential (RRIO, and RR20, and RVL): Lying outside of the eastern, urban
service area, vacant properties have been designated with one of three rural sub-
categories :
Rural Residential IO: one dwelling unit per ten acres
Rural Residential 20: one dwelling unit per twenty acres
Residential Verv Low: one dwelling unit per acre for annexed properties
fronting on Northlake Boulevard.
********
Residential Very Low (RVL): The RVL category allows predominately single-family
detached residential development up to 1 .O unit per gross acre. The RVL category also
allows clustered developments which preserve vast amounts of open space and natural
resources. Thus, large planned community areas are permitted within this category
even if they contain several types of development so long as the overall gross density of
the development is consistent with that permitted under the RVL category.
Developments within the RVL land use shall be consistent with Policv 1 .I .5.1 (a) 2 of
the Citv's Comprehensive Plan.
Policy 1.1.5.4 (a): The City shall maintain planned development area (PDA) zoning to
all undeveloped non-conservation for which a development plan has not been approved
by the City. The PDA zoning shall apply to all properties over 10 acres in size and in
the urban area, shall be regarded a "holding zone" until development of the said
properties is requested pursuant to the Comprehensive Plan. At the time of the
rezoning of the land from PDA to PUD or PCD, the underlying land use shall guide the
intensity and type of development. All proposed development shall be of a character
consistent with the urban or rural distinctions established by the Urban Growth
Boundary (Policy 1.1.5.4.(b)). The permitted uses in the urban area under the PDA
district shall include single-family residences at the density of one dwelling unit per ten
acres, public parks and recreation facilities, and as conditional uses agriculture and
institutional uses such as churches and fire stations. Permitted uses in the rural area
shall include single-family residences at a density consistent with the Future Land Use
designation (1 dull ac for annexed properties fronting on Northlake Boulevard, 1 du/lO
ac, or 1 du/20ac), agriculture, and public safety facilities.
2
Date Prepared: September 4, 2007
Ordinance 27, 2007
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SECTION 3. The City’s Growth Management Administrator is hereby directed to
ensure that this Ordinance and all other necessary documents are forwarded to the Florida
Department of Community Affairs and other agencies in accordance with Section
163.31 84(3), Florida Statutes.
SECTION 4. The effective date of this plan amendment shall be the date a final
order is issued by the Department of Community Affairs or Administration Commission
finding the amendment in compliance in accordance with Section 163.31 84(l)(b),
Florida Statutes, whichever is applicable. If a final order of noncompliance is issued by
the Administration Commission, this amendment may nevertheless be made effective
by adoption of a resolution affirming its effective status, a copy of which resolution shall
be sent to the Florida Department of Community Affairs, Division of Community
Planning, Plan Processing Team. An adopted amendment whose effective date is
delayed by law shall be considered part of the adopted plan until determined to be not in
compliance by final order of the Administration Commission. Then, it shall no longer be
part of the adopted plan unless the local government adopts a resolution affirming its
effectiveness in the manner provided by law.
(The remainder of this page left intentionally blank)
3
Date Prepared: September 4, 2007
Ordinance 27, 2007
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PASSED this day of , 2007, upon first reading.
PASSED AND ADOPTED this day of , 2007, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
FOR AGAINST ABSENT
G:\attorney-share\ORDINANCES!spears property - flum ord 27 2007.docx
4
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 4,2007
Meeting Date: December 6,2007
Ordinance 28,2007
Subject/Agenda Item:
Ordinance 28,2007/Petition CP-03-10 - Large-Scale Land-Use Amendment for a 61.9 Acre
Parcel off of Northlake Boulevard
First reading: A request by Marty Minor of Urban Design Studio, on behalf of Jeff and David
Spear, for a large-scale land-use map amendment to change the current county land-use
designation of a 61.9-acre parcel from Rural Residential 20 (RR20) to the Palm Beach Gardens
land-use designation of Residential Very Low (RVL). The subject parcel is located on the north
side of Northlake Boulevard, approximately 1.5 miles west of the intersection of Northlake
Boulevard and Coconut Boulevard.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
City Attorney
Development
Compliance-NIA
Bahareh Keshavarz-Wolfs,
AICP
Growth Manag&
Administrator
Accountan
Approved By:
Ronald M. Ferris
Originating Dept.:
Growth Management:
Project
Manager
Planner
[ ] Quasi ~ Judicial
[XI Legislative
[ 1 Public Hearing
Advertised:
e: NIA 7 aper: The Palm Beach
Post
[ ] Required
[ XI Not Required
Til parties:
[ ]Notified
[ X] Not Required
FINANCE:
Costs: $-N/A
Total
N/A
Current FY
Funding Source:
[ ] Operating
[XI OtherpNA-
Budget Acct.#:
NA
i Council Action:
Approved
App. wl conditions
Denied
Rec. approval
Rec. app. wl conds.
Rec. Denial
Continued to:-
Attachments:
Ordinance 28,
Site Area Map
LOS analysis
DCAORC
Report dated
1 21 14104
Future Land Use
Map
2007
Date Prepared: September 4,2007
Meeting Date: December 6,2007
Ordinance 28,2007
Page 2 of 9
EXECUTIVE SUMMARY
An applicant initiated request for a large-scale land-use map amendment to change the current
county land-use designation of a 61.9-acre parcel from Rural Residential 20 (RR20) to the Palm
Beach Gardens land-use designation of Residential Very Low (RVL). The subject parcel is
located on the north side of Northlake Boulevard, approximately 1.5 miles west of the
intersection of Northlake Boulevard and Coconut Boulevard.
BACKGROUND
The subject site was voluntarily annexed into the City of Palm Beach Gardens on September 30,
2004. Concurrent with the annexation application, the applicant had filed this Future Land Use
(FLU) amendment petition and a concurrent Comprehensive Plan Text amendment petition to
change the future land use of the subject property and to allow land use densities of up to 1 unit
per acre west of the City’s urban growth boundary. The FLU and Text amendments were
transmitted to the Department of Community Affairs (DCA), and did not receive any comments
in the Objection, Recommendations, and Comments (ORC) report. However, no action was ever
taken to adopt the amendments. Therefore, the applicant had to consult with DCA to confirm the
applications were still valid, and that they could be resubmitted to the City for review without
going through the entire application and review process again. Based upon DCA’s
interpretation, the applicant has resubmitted this FLU amendment and the concurrent Text
amendment. In addition, recently staff has received verbal approval from DCA after conducting
an informal review of the proposed amendments.
The 61.9-acre parcel is bounded on the north and east by property owned by Vavrus
Development, to the west by two vacant parcels and to the south by Northlake Boulevard. The
subject site currently has a Palm Beach County land-use designation of Rural Residential
(RR20), which allows one unit per 20 acres; or a maximum of three (3) dwelling units for the
entire site. The applicant is proposing an amendment to change the current County land-use
designation of the subject parcel from Rural Residential 20 (RR20) to the Palm Beach Gardens
land-use designation of Residential Very Low (RVL), which will allow up to one (1) dwelling
unit per acre; or 61 units for the entire site.
The applicant has also filed a Comprehensive Plan Text amendment, to run concurrently with
the subject petition, which addresses land-use designations for future annexation areas along
Northlake Boulevard. Currently, the City‘s Comprehensive Plan does not allow for densities
greater than Rural Residential 20 (RR20) or Rural Residential 10 (RR10) for properties lying
outside the eastern, urban service area. This text change to the City’s Comprehensive Plan
proposes to allow Residential Very Low (RVL) land-uses west of the Urban Growth Boundary.
LAND USE COMPATIBILITY WITH THE SURROUNDING AREA
The applicant intends to provide quality, low-density housing within the City. The applicant is
proposing a project which will feature a 1.0 unit per acre density (maximum of 61 units) on
approximately 61.9 acres. In order to achieve this, the applicant is requesting a redesignation of
Date Prepared: September 4,2007
Ordinance 28,2007
Page 3 of 9
the property to the Residential Very Low Future Land Use Category, which allows up to one
dwelling unit per acre, for a total of 61 units.
The 61.9 acre site is located adjacent to the northern and eastern property boundaries of the
Vavrus property. This Future Land-use petition is consistent with past land-use changes along
this corridor as evidenced by the future land-use map amendment by Palm Beach County for the
Carlton Oaks property, which is a clustered residential community consisting of single family
and zero-lot line homes.
CONSISTENCY WITH COMPREHENSIVE PLAN
The proposed land-use amendment is consistent with many of the Goals, Objectives, and Policies
of the various elements within the City’s adopted Comprehensive Plan. An example of some of
the goals, objectives and policies, which are consistent with and furthered by the proposed
amendment, are listed below.
Future Land- Use Element
GOAL 1.1.: Continue to ensure a high quality living environment through a mixture of land
uses that will maximize Palm Beach Gardens’ natural and manmade resources while minimizing
any threat to the health, safety, and welfare of the City’s citizens that is caused by incompatible
land-uses and environmental degradation.
Stn ff Response
The proposed land-use amendment from the Palm Beach County designation of Rural
Re~iden~ial 20 to the Palm Beach Gardens land-use designation of Residential Very Low (RVL)
provides for the promotion of a low density housing development within an area with limited
infrastructure and services. The amendment provides a low intensity of development, thereby
minimizing the impact of the land-use on the existing environment. The expansion of the
Residential Very Low land-use promotes a clustering of residential development that is
consistent with the surrounding land uses.
Transportation
COAL 2.1.: The transportation system in Palm Beach Gardens shall be convenient, safe, and
efficient for all persons living in and traveling through the City.
Objective 2.1.1.: To maintain specific level of service (LOS) standards on the roadways.
Policy 2.1.1.3.: The City shall review all development proposals for consistency with the Goals,
Objectives, and Policies of this element including consistency with the traffic circulations plans
and the level of service standards. An assessment of the projected impact of project generated
traffic on the roadway network within and serving the City shall be obtained. The net amount of
project trips projected at build out will be used as a guideline for determining the radius of
3
Date Prepared: September 4,2007
Ordinance 28,2007
Page 4 of 9
development influence. At a minimum, road segments within the appropriate radius as noted on
Table 2F will be analyzed. The project’s impacts will be projected for each phase of the project
through the estimated date of completion.
Staff Response
Although the intensity of the proposed land-use is more intense than the current county land-use,
the proposed amendment does provide for a low intensity development. The proposed land-use
does not negatively impact the adopted level of service standards of the affected roadways.
Infrastructure
Sanitary Sewer
GOAL 4.A.1.: Provide adequate central sanitary sewage facilities for residents and commercial
development in the city.
Objective 4.A.l.l.: The City will require all submittals for development to obtain a statement of
available capacity from Seacoast prior to site-plan approval. The issuance of a building permit
will require an executed developer agreement with Seacoast and a certificate of occupancy will
not be issued prior to acceptance by Seacoast of the sanitary sewer facilities, which service the
building.
GOAL 4.D.l.: The provision of a safe, healthy and dependable potable water supply to all
residents and businesses in the city.
Oli,/tsctive 4.D.l.l.: The potable water facilities levels of service standards established in this
element shall be maintained throughout the City, until such time as they are revised by the
Seacoast Utility Authority.
Stn ff ‘Response
The applicant states that this project will obtain the appropriate sewer and water services from
the City of West Palm Beach and eventually services will be provided by Seacoast Utility
Authority.
Conservation
GOAL 6.1.: The natural resource of the City of Palm Beach Gardens shall be preserved or managed
in a manner which maximizes their protection, functions, and values.
Objective 6.1.5.: The City shall continue to maintain land development regulations to ensure
that all ecological communities, wildlife, and marine life, especially endangered and rare species,
are identified, managed, and protected.
Policy 6.1.5.1 .: The City’s land development regulations will continue to ensure that:
a. All endangered and threatened plant, animal and marine populations are protected;
4
Date Prepared: September 4,2007
Ordinance 28,2007
Page 5 of 9
b.
C.
d.
e
Habitat of critical value to regional populations of endangered and threatened species is
preserved;
Nuisance and invasive exotic vegetation (i.e. Brazilian Pepper and Melaleuca) is removed
by the developer at the time of development or redevelopment of a site; and
Removal of native vegetation is minimized in the land development process; and, where
it is economically feasible, removed material is relocated on site.
Environmental Assessments are provided for any land development/alteration proposal or
properties containing environmentally sensitive lands.
Policy 6.1.5.2.: Development orders and permits for development and redevelopment activities
shall be issued only if the protection and conservation of wildlife, marine life and natural systems
are ensured consistent with the goals, objectives, and policies of this Comprehensive Plan.
Policy 6.1.5.4: The City shall maintain land development regulations containing specific
standards and guidelines for the protection of environmentally sensitive lands containing one or
more of the following:
a.
b.
d.
e.
f.
g.
h.
C.
1.
j. k.
1.
m.
n.
P-
9.
r.
0.
A habitat of critical value to regional populations of threatened and endangered species;
A rare and unique upland community such as coastal scrub;
Functioning and jurisdictional wetlands and deepwater habitats;
Any part of the Loxahatchee Slough Sanctuary;
Sites of hi~~o!-icaI or archaeological significance;
Xeric hamiiic IC I<. 01 xeric scrub;
Tropical hammock.
Low hammock, temperate hammock, or mesic hammock;
Mixed hardwood swamp or hydric hammock;
Pond apple slough;
Cypress swamp;
Freshwater marsh;
Mangrove swamp;
Oak forest;
Pine flatwoods, mesic a
Scrubby flatwoods;
Coastal dune and strand;
Wet prairie;
d hydric;
Native habitats other than those listed above may also be designated as environmentally
significant if they are actively used by or likely to support or contain U.S.- listed endangered, or
threatened species and/or state listed endangered or threatened species, or species of special
concern.
5
Date Prepared: September 4,2007
Ordinance 28,2007
Page 6 of 9
Objective 6.1.7.: The City shall continue to maintain land development regulations and
development policies to ensure the provision of conservation measures on newly annexed
lands in accordance with the goals, objectives, and policies of this Comprehensive Plan.
Objective 6.1.9.: The City shall maintain land development regulations which, in conjunction
with the efforts of other regulatory agencies having jurisdiction, shall ensure the protection and
preservation of native habitats, and maximize the provision of open space for this purpose.
Staff Response
The subject site consists of a mosaic of upland and wetland vegetation types with the majority of
the southern half of the site being made up of pine flatwoods and the northern half of the site
comprise mostly of wet prairie. The low-density residential use is compatible with the
establishment of required preservation and environmentally sensitive areas on-site. A low-
density residential community would be compatible with the surrounding land-use as it would
continue to promote low intensity development that would not affect the adopted LOS for
roadways and would continue to provide for and promote open space, and would not diminish
water and air quality. Furthermore, the applicant states that preservation and open space will be
incorporated into the design in order to achieve the City’s minimum open space requirements as
specified in the land development regulations.
Capital Improvements
GOAL 7.1.: Adequate recreation and open space facilities and areas offering a broad range of
activities, convenient access, appropriate improvements, and sound management shall be
provided to all citizens of Palm Beach Gal-clens with active and passive recreation opportunities
in the interests of personal health, entertainment, and constructive use of leisure time.
Staff Response
The applicant states that they will participate in the impact fee collection system adopted by the
City in order to assist the City in maintaining the adopted LOS standards. In addition, the
applicant maintains that this project will comply with the City’s adequate public facilities
ordinance to ensure that at the time a development order or permit is issued, sufficient facility
capacity is available or will be available concurrent with the impacts of the development. The
proposed plan amendment will not exacerbate any existing condition of public facility capacity
deficits, or generate public facility demands that cannot be accommodated by the 5 year schedule
of improvements. The City‘s Parks and Recreation Level of Service (LOS) standards requires
4.2 acres per 1,000 residents; therefore, the applicant shall provide .602 acres for the estimated
2.35 persons per unit for 61 dwelling units.
Public Schools
GOAL 11.1.: It is a goal of the City of Palm Beach Gardens to assist in providing for future
availability of public school facilities consistent with the adopted level of service standards. This
goal shall be accomplished recognizing the constitutional obligation of the school district to
provide a uniform system of free public schools on a countywide basis.
6
Objective 1 1.1.1 .: To ensure that the capacity of schools is sufficient to support student growth at
the adopted level of service standard for each year of the five-year planning period and through
the long term planning period.
Staff Response
The proposed land-use does not negatively impact the adopted level of service standards of the
affected schools, as indicated in the table below.
HISTORICAL AND ARCHEOLOGICAL RESOURCES
No historical and/or archeological resources have been identified on site, according to the
applicant.
ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND-USE
Currently, the site is heavily wooded with upland and wetland plant species. Very little exotic
and nuisance plant species have invaded the ecosystem of the site. The applicant will be
required to set aside 25% of the viable upland on the site and set aside 100% of the viable
wetland during the development approval process.
MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING LAND-USE
DESIGNATION
The maximum vehicular trips allowed undcr the existing land-use designation of Palm Beach
County I<LIIAI Rc-4dential 20 (RR20) are 30 daily trips. The potential impacts of development
under the exi~tiir; land-use designation are as follows:
POTENTIAL IMPACTS UNDER EXISTING LAND-USE OF RURAL RESIDENTIAL 20
(RR20)
Max. External Trip RecreatiodParks Sanitary Sewer Potable Water Solid Waste
Density/Intensity
1 dul20 acres 30 Daily trips NIA Septic Well 50.261bs
MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND USE
DESIGNATION
The maximum vehicular trips allowed under the proposed land-use designation of Palm Beach
Gardens Residential Very Low are 6 IO daily trips. The potential impacts of development under
the proposed land-use designation are as follows:
7
POTENTIAL IMPACTS UNDER PROPOSED LAND-USE OF RES
Max.
DensityAntensity
1 dutacre
Date Prepared: September 4,2007
Ordinance 28,2007
Page 8 of 9
External Trip RecreatiodParks
610 Daily trips NIA
DENTIAL VERY LOW
Sanitary Sewer Potable Water Solid Waste
*Will be
provided
*Will be 1,022.081bs
provided
The trip generation analysis reflects that there will be a potential net increase of approximately
580 trips. The City engineer has reviewed the applicant’s traffic impact analysis and has
determined that the adopted level of service will be met.
* Sanitary sewer and potable water services are not currently provided by Seacoast Utility
Authority. Currently, the adopted level of service standards requires the provision of wells
for potable water and septic for sewer in rural areas. However, Policy 9.1.4.2. (d) of the
Capital Improvements Element of the City’s Comprehensive Plan allows for the provision
of services at urban levels of service standards (central water & central sewer) in rural
areas provided the City Council authorizes the use of such services with a super majority
vote. The applicant states that it is their intent to initially secure sanitary sewer services from
the City of West Palm Beach and to secure future services from Seacoast Utility Authority, when
such services become available.
CONSISTENCY WITH THE WESTERN NORTHLAKE CORRIDOR LAND-USE
STUDY
The Western Northlake Corridor Land-Use Study was a joint effort between Palm Beach County
and the Cities of Palm Beach Gardens and West Palm Beach. The study examined the existing
land-use pattern and future land-use along Northlake Boulevard, generally west of the West Palm
Beach Water Catchment Area, and south of the Beeline Highway. The purpose of the study was
to plan and coordinate the area’s potential growth by making recommendations for future land-
use designations and growth management techniques in order to ensure appropriate growth and
development .
The subject site currently lies outside of the City’s Urban Growth Boundary (UGB). According
to the Urban Residential component of the study, which states: “Upon request, the City of Palm
Beach Gardens should amend the FLUA designation of the MacArthur property from industrial
to Residential Very Low (1 unit per acre)“, this proposed Comprehensive Plan amendment is in
compliance with the overall intent of the Western Northlake Corridor Land-Use Study.
The proposed amendment is further consistent with the Recommendations of the Urban
Residential component of the Western Northlake Corridor Land-Use Study which states: ‘In
order to ensure a consistent character, design guidelines should be developed for residential areas
including guidelines for setbacks, buffering and landscaping, as well as, the recommendation to
require any environmental preserves or set asides to be located adjacent to existing conservation
areas.’ The proposed future land-use designation of Residential Very Low promotes a clustering
of residential development that is consistent with the recommendations of the study. In addition,
8
Date Prepared: September 4,2007
Ordinance 28,2007
Page 9 of 9
the applicant will be required to set aside 25% of the viable upland on the site, and set aside
100% of the viable wetland during the development approval process. Furthermore, the
applicant states that preservation and open space will be incorporated into the design in order to
achieve the City’s minimum open space requirements as specified in the land development
regulations.
LEVEL OF SERVICE STANDARDS
The petitioner’s analysis demonstrates that there will be no direct, adverse impacts on the
adopted Level of Service (LOS) standards for water, sewer, solid waste, police and fire services.
NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS
On March 11, 2004 the Palm Beach County Intergovernmental Plan Amendment Review
Committee (IPARC) was notified of the proposed amendment and given one (1) month to
review the application and forward any comments. However, the Committee never has
provided any comments.
Staff has also forwarded a copy of the proposed amendment to the City of West Palm Beach and
Palm Beach County and has received the following comments from the City.
1. On June 8, 2004, the City of West Palm Beach objected to the applicant’s claim
that sewer and water services will be provided by the City of West Palm Beach.
The applicant worked with the City of \\'est Palm Beach to secure water and
sewer services; and received approval on :‘i\igLi>t 16, 2004.
STAFF COMMENTS
The proposed land-use map designation of Residential Very Low is compatible with the
surrounding land-uses of adjacent properties. The property is also suitable for the proposed
land-use change.
LOCAL PLANNING AGENCY
On June 8, 2004, the Planning and Zoning Commission, sitting as the Local Planning Agency,
held a public hearing to review the subject petition and voted 6-0 to recommend approval of the
subject petition to the City Council.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 28,2007.
9
9 I, .
.+ II f
4
5
a
n
2.
- - & 3 L--"--' L h B
September 15,2006
Mr. Todd Miller,
Principal Planner
Growth Management Department
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
urban
stu 10
Urban Design
Urban Planning
Land Planning
Landscape Architecture
RE: NORTHLAKE BOULEVARD PARCELS
UPDATED LEVEL OF SERVICES LETTERS
PBG PETITION # PUD-04-08
Dear Mr. Miller:
As requested by the City of Palm Beach Gardens' Planning Staff, attached for your review are the
updated level of services letters and documentation for the various applications we have
submitted to the City.
As you are aware, we, on behalf of the property owner Spear Northlake, LLC, request a future
land use plan amendment for the subject 61.9 acre site on Northlake Boulevard. We are
requesting a change from the Palm Beach County Future Land Use Plan designation of (Rural
Residential-20) RFUO to the Palm Beach Gardens Future Land Use designation of Residential
Very Low (one ddac). In addition, we are also requesting a Comprehensive Plan text
amendment to allow for the RVL designation west of the City's Urban Service Boundary. Please
note that the requested RVL designation is consistent with the City's Vision Plan for the western
portion of the City. The request is also consistent with the continuing development pattern along
the western Northlake Boulevard comdor. Please see the submitted Comprehensive Plan
Amendment application for the complete justification for the requested change.
The applicant is concurrently requesting a Planned Unit Development application. We are
currently responding to staff comments and will be resubmitting revised plans to you in the very
near future.
For your information, below is an update to the level of service analysis for the requested
Comprehensive Plan amendment. Also attached is the updated School Concurrency for the
subject site.
The availability of and demand on public facilities has been analyzed based on the
"maximum allowable development" as referenced in question number 3.b) of the
Comprehensive Plan Amendment application.
477 S. Rosemary Avenue A revised traffic impact statement prepared by Yvonne Ziel Suite 225 - The Lofts at City Place
West Palm Beach, FL 33401
www.UDSonline.com
LCC35
Traffic Circulation:
c1v OF Bcw ~~~~ 561.366.1100 561.366.1111 fax
SCD 15 2006
Traffic Consultants, Inc. was submitted to the City on August 16,2006. It is
currently being reviewed by staff.
Sanitary Sewer:
The subject site is located within the Seacoast Utility Authority water and sanitary
sewer service area. In accordance with an interlocal agreement between Seacoast
and the City of West Palm Beach, the City will provide temporary service to the site
until Seacoast is able to provide such services. (See attached letter and interlocal
agreement)
The Citv’s Comprehensive Plan provides for the following standards:
Sanitary Sewer - LOS (107 gallons per day per capita)
2005 - 5.5 (City peak daily flow - mgd)
9.98 (Utility average daily flow - mgd)
2010 - 7.04 (City peak daily flow -mgd)
11.85 (Utility average daily flow -mgd)
Existing Land Use Designation - RR20 - 61.9 acres
754.5 gallons per day based on the maximum of 3 dwelling units (3 dwelling units x
2.35 persons per unit x 107 gallons per day per capita)
Proposed Land Use Designation - Residential Low (RL)- 61.9 acres
15,338.45 gallons per day based on the maximum of 61 dwelling units (61 dwelling
units x 2.35 persons per unit x 107 gallons per day per capita)
Potable Water:
The subject site is located within the Seacoast Utility Authority water and sanitary
sewer service area. In accordance with an interlocal agreement between Seacoast
and the City of West Palm Beach, the City will provide temporary service to the site
until Seacoast is able to provide such services. (See attached letter and interlocal
agreement)
The Citv’s Comprehensive Plan Drovides for the following standards:
Potable Water - LOS (191 gallons per day per capita)
2005 = 9.73 (MGD)
2010 = 11.75 (MGD)
Exkting Land Use Desipnation - RR20 - 61.9 acres
1,346.5 gallons per day based on the maximum of 3 dwelling units (3 dwelling units
x 2.35 persons per unit x 191 gallons per day per capita)
Proposed Land Use Desianation - Residential Low (RL) - 61.9 acres
27,379.85 gallons per day based on the maximum of 61 dwelling units (61 dwelling
units x 2.35 persons per unit x 191 gallons per day per capita)
Drainage:
Drainage has been analyzed by Schnars Engineering. A copy of this analysis is
attached.
The Citv’s Comprehensive Plan Provides for the following standards: Drainage
LOS - Comprehensive Plan
Existing Development - l-day/lOO-year storm
New Development greater than 10 acres - 3-day/25-year storm
New Development less than 10 acres - 1 day/25-year storm
The subject site will meet the development standard of a 3-day/25-year storm event.
Solid Waste:
Solid waste collection will be provided by Solid Waste Authority. A copy of a letter
indicating their ability to service this site is attached.
Solid Waste - LOS
NOTE: COMPREHENSIVE PLAN assumes 7.13 lbs. Per day per capita
The Citv’s Comprehensive Plan provides for the following standards:
2005 - garbage 66,290 tons per year
2010 - garbage 80,050 tons per year
Existing Land Use Desimation - RR20 - 61.9 acres
50.26 pounds per day for 3 dwelling units (3 dwelling units x 2.35 persons per unit x
7.13 pounds per day per capita)
ProDosed Land Use Designation -Residential Low (RL) - 61.9 acres
1,022.08 pounds per day for 61 dwelling units (61 dwelling units x 2.35 persons per
unit x 7.13 pounds per day per capita)
Recreation and Open Space:
The Citv’s Comprehensive Plan provides for the followhe standards:
Recreation and Open Space LOS - 4.2 acres per 1000 residents
Comprehensive Plan Projected -
2005 - 188.5 acres required/l66.9 acres available
2010 - 227.6 acres required/l66.9 acres available
Ejristina Land Use Designation - RR20 - 61.9 acres
The City does not have a Level of Service standard for recreation and open space
for parcels located outside of the City’s Urban Service Boundary.
ProDosed Future Land Use Designation - Residential Low (RL) - 61.9 acres
The City does not have a Level of Service standard for recreation and open space
for parcels located outside of the City's Urban Service Boundary.
Thank you for your assistance in processing this matter. Should you have any questions or
comments, please feel free to contact me at any time.
Sincerely,
Urban Design Studio
Marty R.A. Minor, AICP
Senior Project Manager
c: Jeff Spear
Ken Tuna
EXECUTIVE OFFICE
Seacoast Utility Authority
August 28,2006
MSlIinQ Adanss:
P.O. Box 1W2
Palm Beech Gardene,
Florlda 33%10-9802
FAX 366-1 11 1
Mr, Marty Minor, AICP, Project Planner
Urban Design Studio
477 S. Rosemary Avenue, Suite 225
West Palm Beach, FL 33401
Re: Water and Sewer Senrice Avallablllfy
Northlake Boulevard Properties, 61.9 Acres, Notth Slde of Northtake
Dear Mr. Minor:
While the subject parcel lies within Seacoast Utility Authori!y’s water and sewer servlce area,
pursuant to the terms of Seacoast’s interlocal agreement with the City o West Palm Beach (City)
dated November 17,2000 and a second amendment to said agreement dated August 9,2004, the
City will temporarily provide water and sewer service to the subject property. I,
The Agreement authorizes the City to extend interim water and sewer service to the property, but
requires construction of all on-site improvements to Seacoast standards. Accordingly, the
developer and its agents should diligently adhere to all Seacoast planning, engineering, and
submtttal requirements, obtaining all necessary approvals from both Seacoast and the City before
beginning constructlon.
Prior to initlating any engineering work, please contact Jim Lance, extension 347 at thls office to
set up a pre-engineerlng meeting to discuss the water and sewer requirements for this project.
Should you need further assistance, please feel free to call.
Sincerely,’
SEACOAST UTILITY AUThORITY
Dee Giles
Developer Agreement Coordinator
Cc: B. Gregg, J. Lance
4200 Hood Road, Palm Beach Gardens, Florida 3341 0-21 98
Phny: Customer Service (561) 627-2820 Eyw.uh nffh 15~11 ~77-7~nn / FAX (561) 624.2839 08/31 ’06 08:45 LOCATION. ww\ . . RX - -. . . . TIME - - . .
RESOLUTION NO. 404-04
A RESOLUTION OF THE CITY COMMISSION OF TRE CITY OF WEST PALM BEACH,
FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE TELE SECOND AMENDMENT
TO WATER AND SEWER SERVICE AGREEMENT WITH SEACOAST UTILITY
AUTHORITY FOR THE PROVISION OF WATER AND SEWER SERVICE TO A 61.9
ACRE TRACT ALONG THE NORTH SIDE OF NORTHLAKE BOULEVARD ON AN
INTERIM BASIS; PROVIDING FOR AN EFFECTlVE DATE; AND FOR OTHER
PURPOSES.
*********$*
WHEREAS, the City of West Palm Beach desires to enter into a Second Amendment to
Water and Sewer Agreement with Seacoast, Utility Authority for the provision of water and. sewer
service to a 61.9 acre tract along the north.side,of Northlake Boulevard on a interim basis;
NOW, TEXEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OPTRE CITY OF
WEST PALM BEACH, FLORIDA THAT:
SECTION 1: The City Commission of the City of West Palm Beach, Florida, hereby
authorizes the Mayor to execute the Second Amendment to Water and Sewer
Agreement with Seacoast Utility Authority for the provision of water and sewer
service on an interim basis, to a 61.9 acre tract along the north side of Nortlllake
Boulevard, in the form substantially similar to that attached hereto as Exhibit “A”
(the Second Amendment”).
SECTION 2: Upon execution of two (2) originals of the Second Amendment by the Mayor,
the originals shalI be fonvarded to the Director of Public Utilities for fbrther
handling. A fully-executed original Second Agreement shall be provided to and
retained by the City Clerk as a public record of the City.
LOCATION:561 721 2111 RX TIME 08/29 ’06 08:36
-_- . _.
RESOLUTION NO. 404-04
SECTION 3: This Resolution shall take effect as provided by law.
2004774
-tR PASSED AND ADOPTED THIS & DAY OF
I
(CORPORATE SEAL)
ATTEST:
Yli?m@$rw
CITY CLERK
Lost printed 08/04/2004 1227 PM
LOCATION:561 721 2111
CITY ATTORNEY' OFFICE
Approved as to form P
SECOND AMENDMENT TO WATER AND SEWER SERVICE AGREEMENT
Iliis Second Amendmciir to Warer and Sewer Service Agreement by and between the
CITY OF WEST PA1.M BEACH (“Ciry”) and the SEACOAST UTILITY AIITHORITY
( “Xu t ho ri ry ”) ;
WHEREAS, by Agreement dated September 12, 1989, the City, Authority and Palm
Beach County established service area boundaries for each party; and
WHEREAS, by the Water and Sewer Service Agreement dated November 15, 1999,
between the City and the Authority, the Authority authorized the City to provide, on an interim
basis, water and sewer service to certain properties within the Aurhority’s service area, in
Sections 13 and 14, north of Northlake Boulevard, wesl of the Water Catchment area, with the
Authority’s service area; and
WHEREAS, by the Water and Sewer Service Agreement dated November 17, 2000,
between the City and the Authority, the Authority authorized the City to provide, on an inrerim
basis, water and sewer service to certain properties within the Authority’s service area, in a
portion of Section 13, Township 42 South, Range 41 East, lying north of Northlake Boulevard,
and a portion of Section 14, Township 42 South, Range 41 East, lying north of Northlake
Boulevard, including the Carleton Oaks project (the “Service Agreement”); and
WHEREAS. by Amendment to Water and Sewer Service Agreement, dated April 9,
2003, the Authority authorized the City to provide, on an interim basis, water and sewer service
to certain additional properties within the Authority’s service area, specifically, the Palni Beach
Gardens municipal golf course and the Osprey Isles project (the “First Amendment”); and
WHEREAS, the parties wish to further amend the Service Agreement to authorize the
City to provide, on an interim basis, water and sewer service to a 6 1.9 acre tract along the north
side of Northlake Boulevard, within the Authority’s service area;
NOW THEREFORE, in cmsiderarion of the rmtua! conditims hereinafter set forth, the
siifficiency of which is hereby acknowledged, the parties do hereby agree as follows:
1. The foregoing recitals are true and correct.
2.
and effect, exckpt as further modified herein.
The Service Agreement, as amended by the First Amendment, shall remain in full force
3. Exhibit “A” to the Service Agreement is hereby modified to add and include the
foHowing described property to the areas within the Authority’s service area to be sewed by the
City on an interim basis consistent with the terms of the Service Agreement:
Lands being contiguous to and lying north of the nonh right-of-way line of
Northlake Boulevard, being more particularly described as follows:
Second Amd. -. Water gL Sewer Service
City WPB 1 Seacoast
070204
LOCATION:561 721 2111
1
RX TIME 08/29 ’06 58:36
ATTEST:
BY
By: J
Dated:;
ATTEST:
CITY~~E~ PALM ,? BEACH, FLORIDA
SEACOAST UTILITY AUTHORITY
w&fl* 7z&- Gail F. Nelson, Authority Board Chair
LOCATION:561 721 2111 Ric. TIRE 68/29 '66 68:36
PROJECT:
ENGINEER:
DATE: August 25,2006
North lake Boulevard Pro perties
Schnars Engineering Corp., Project No. 031 70
DRAINAGE STATEMENT
This drainage statement is provided in support of a land use plan application for two parcels totaling 62 acres which are
proposed to contain approximately 6 1 single family homes. The subject property is located on the northwest comer of
Northlake Boulevard and 130 Avenue North (unimproved) in the City of Palm Beach Gardens. The proposed surface water
management system is located in the South Florida Water Management (SFWMD) C-18 drainage basin, but will discharge
into the SFWMD C-5 1 basin and will be under the jurisdictionof SFWMD, Palm Beach County Land Development and
the Indian Trail Improvement District. The system shall meet all applicable standards of these governing agencies. The
project will discharge into the Indian Trail Improvement District M-1 canal through the existing roadway drainage system
located on the SE corner of the project site within the County owned Northlake Boulevard swale. Discharge will be
limited by a control structure to the maximum water quality bleeddown rate of one-half inch per day or 2.74 cfs,
whichever is less.
The finished floor elevations will be above the calculated 100 year - 3 day, zero discharge storm event or 18 inches above
the crown of the adjacent road whichever is higher. A berm will be placed around the perimeter of the site with a top
elevation equal or exceeding the calculated 25 year - 3 day routed storm event to prevent unauthorized discharge from
the site. The crown of the onsite roads will be designed above the 10 year - 1 day storm event elevation.
The water quality volume will be detained in the on-site lake and will overflow into the on-site wetland for additional
retention and will be allowed to bleed-down at a rate of one-half inch per day.
The on-site drainage system will consists of a series of catch basins and pipe which will direct runoff to the lake and
wetland. The lake and wetland will be interconnected and the design water level will be 19.0' NGVD. The on-site
drainage system will be designed for a 3 year storm event. The rear yards of theall lots adjacent to a water management
tract'will drain to the water management tract. In all other cases, each lot will be graded to drain to the access tract or
designated drainage easement. No open space tracts will be graded to drain by overland flow through lots without the
appropriate easement.
Drainage easement widths within the plat shall be adequate to accommodate the proposed size and depth of the drainage
line.
SCHNARS ENGINEERING CORPORATION
(SEAL)
es W. Mahannah, P.E. P lorida Reg. No. 47066
(For the Firm)
ENGINEERING CORPORATION
January 19,2006
John D. Booth
Executive Director
Solid Waste Authority
7501 N. Jog Road
West Palm Beach, FL 33412
YOUR PARTNER FOR SOLID WASTE SOLUTlONS
Subject: Availability of Solid Waste Disposal Capacity
Dear Mr. Booth:
The Solid Waste Authority of Palm Beach County hereby provides certification
that the Authority has disposal capacity available to accommodate the solid waste generation for the
municipalities and unincorporated county for the corning year of 2006. This letter also constitutes
notification of sufficient capacity for concurrency management and comprehensive planning purposes.
Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J-
5.005(4).
As of September 30,2005, the Authority's North County Landfills had an estimated 36,448,716
cubic yards of landfill capacity remaining. Based upon the existing Palm Beach County population, the
most recently available population growth rates published by the University of Florida Bureau of
Economic and Business and Research (BEBR), medium projection, and projected rates of solid waste
generation, waste reduction and recycling, the Solid Waste Authority forecasts that capacity will be
available at the existing landfill through approximately the year 2021, assuming the depletion of the
Class I and Class III landfills is approximately balanced.
In fiscal year 2005-06 the Board of the Solid Waste Authority authorized the initial design and
permitting efforts to develop a new landfill on 1600 acres owned by the Authority. The capacity of this
new landfill facility will extend the life of the solid waste system beyond the year 2065.
The Authority continues to pursue options to increase the life of its existing facilities and to provide
for all the County's current and future disposal and recycling needs. As part of its responsibility, the
Authority will provide an annual statement of disposal capacity, using the most current BEBR
projections available. Please provide copies of this letter to your plan review and concurrency
management staff. If you have any questions or I can be of further assistance, please do not hesitate to
contact me.
Very truly yours, 4- ML.44
Marc C. Bruner, Ph.D.
Director of Planning and Environmental Programs
7501 North Jog Road, Wesl Palm Beach, Florida 33412 (561) 640-4000 FAX (561) 640-3400 Recrcled Pager
THE SCHOOL DISTRICi OF
PALM BEACH COUNTY, FLORIDA
PLANNING DEPARTMENT
3300FORESTHlLLBLVD., GllO
WESTPALMBEACH, FL 33406-5813
ARTHUR C. JOHNSON, Ph.D.
SUPERINTENDENT
-!* (561) 434-8020 FAX: (561) 434-8187
September 6,2006
Mr. Todd Miller, Principal Planner
Planning Department-
City of Palm Beach Gardens
10500 N. Military Trail
Pa1n-i Beach Gardens Ft 33410
RE: CONCURRENCY DETERMINATION - CASE NUMBER #04032301C - NORTHLAKE
BOULEVARD PROPERTIES
Dear Mr. Miller:
The Palm Beach County School District has reviewed the request for a Concurrency
Determination on the above referenced project for 61 single-family units. Northlake
Boulevard Properties previously applied for school concurrency on April 7, 2004 and for a
time extension on March 22, 2005; however, the time extension has lapsed. The attached
application is therefore a new application for concurrency.
Attached please find the approved Palm Beach County School District Concurrency
Application and Service Provider Form for Northlake Boulevard Properties. This Concurrency
Determination is valid for one (1) year from the date of issuance. Once a Development Order
has been issued for the project, the concurrency determination will be valid for the life of the
Development Order.
If you have any questions regarding this determination, please feel free to contact me at
(561) 434-8962.
Sincerely,
Michael C. Owens
Senior Planner
cc: Urban Design Studio SEP 1 1 2006
enc.
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AN EQUAL OPPORTUNITY EMPLOYER
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STATF. OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
“Dedicated to making Florida a better place to call home’’
The Honorable Eric Jablin
Mayor, City of Palm Beach Gardens
10500 No,rth, Mi.l.tary Trail,
Palm Reach Gardens, ‘Flori,da 3341 0-4698
Dear Mayor J,abliii:
December 14,2004
The Department of Community Affairs lla.s completod its review 0, the proposed
Cornpreh.cn.sive Jllan Arnendrneiit for the City of Palm Beach Gardens (DCA No. 04-2): which
was reccived. 011 Ju.ly 29,2004. Copies of the proposed amendment haw bccn distributcd to
appropiate state, regi,onal and local. agenci,es for their review, and tb.ei,r conumnjs are en.cl,osed
The Department has reviewed the comprehensive plnn amendment for consistency with
Rul69J-5, Florida Administrative Code (F.A.C.) and Chapter 163, Part 11, Florida Statutes (F.S.).
The Dcpartmcnt does not identify any Objections and this lcttcr serves as the Objections,
Recornmelidations and Comments (ORC) report.
For your assistance, we have attached procedures for final adoption and transmittal of thc
comprehensive plan amendment. If you have any questions, please call Roger Wilburn, Principal
Planner. or Ciiroline Knight, Planner, at (850) 922-1 773.
Sincerely yours,
Charles Gauthicr, AICP
Chief, Office of Comprchensive Plan
CG/cks
End osures: Rcvicw Agency Comments
Transmittal Procedures
cc: Mr. Charles K. Wu. AICP, Growth Management Director, City of Palm Be
Mr. Michael Rusha, Exccutive Director, Treasure Coast Regional Plannin
urban
9J-5 ANALYSIS
FOR NORTHLAKE BOULEVARD PROPERTIES
ANNEXATION, COMPREHENSIVE PLAN AMENDMENT
AND TEXT AMENDMENT
June 4,2004
At the request of City Growth Management Department staff, attached
for your review is an analysis on how the proposed Northlake
Boulevard Properties Annexation, Comprehensive Plan Amendment
and Text Amendment is consistent with the Rule 9J-5 of the Florida
StLl 0
Urban Design
Urban Planning
Land Planning
Landscape Architecture
Administrative Code. For your convenience, Rule 9J-5.006 has been reprinted in bold with the
response in italics.
95-5.006 Future Land Use Element
(g) Primary indicators. The primary indicators that a plan or plan amendment does not
discourage the proliferation of urban sprawl are listed below. The evaluation of the
presence of these indicators shall consist of any analysis of the plan or plan amendment
within the context of features and characteristics unique to each locality in order to
determine whether the plan or plan amendment:
1. Promotes, allows or designates for development substantial areas of the
jurisdiction to develop as low-intensity, low-density, or single-use
development or uses in excess of demonstrated need.
The City of Palm Beach Gardens is currently experiencing an explosion of
population growth and development activiy. In 1999. the City’s largest
landowner, the John D. and Catherine T. MacArthur Foundation began divesting
thousands of acres of vacant lands within the City. Much of this land has been
brought into the development review process and u number of new residential and
non-residential project have been approved by the City. As a result, the City‘s
population has grown 12%/rorn 2000 to 2003. when fhu population was
estimated to be 39,423 by the Bureau of Economic and Business Research
(BEBR), University of Florida. The City’s Comprehensive PIan Support
Documents indicate that 14,003 dwelling units are going to be needed between
the years 2005 and 2010 within the City to serve its anticipatedpopulation. This
is 4,872 dwelling units more than what is anticipated to be needed for [he years
2000 to 2005. An additional 4,855 dwelling unils are anticipated within the
City’s Comprehensive Plan for the years 2010-2015. As identiTed in [he
description for Residential Very Low Future Land Use Plan designation.
clustering of homes as means ofpreserving “vas[ amounts ofopen space and
rratural resources.
lands within the rural portion of the Civ would provide
The provision of R VL designated
G:WobsWonhlrkc Blvd. hrcelsUpplieation Inro\Comp hnd Componenlr\Ur~nSplwIAnalysi~.O~O4.~
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Page 1
477 S. Rosemary Avenue
Suite 225 - The Lofts at City Place
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
LCC35
opportunities for the clustering of units and the preservation of environmentally-
significant lands.
2. Promotes, allows or designates significant amounts of urban development to
occur in rural areas at substantial distances from existing urban areas while
leaping over undeveloped lands which are available and suitable for
development.
The provision of the R VL FLUP designation within the Rural Residential
categories does not provide for urban development or urban intensities outside
the City's established Urban Growth Boundary. The redesignation of the subject
site to RVL is consistent with the City's Vision Plan, which was a year-long
"visioning "process conducted through a series of meetings involving elected
oflcials, general citizenry and city staflmembers. The Vision Plan, which was
created in 1996, calledfor the creation ofthe Urban Growth Boundary, which
was later incorporated within the City's Comprehensive Plan. In addition. the
Vision Plan called for the western portion of the City, outside of the urban growth
boundary, to be R VL. In 1998, a joint planning eflort was undertaken between
Palm Beach County and the Cities of Palm Beach Gardens and West Palm Beach.
This eflort focused on the existing land use patterns and future land use along
Northlake Boulevard, west ofthe Beeline Highway. The result was the Western
Northlake Corridor Land Use Study, which included recommendations for future
land uses in the area, the protection of natural resources, the provision of limited
services to the area and to discourage urban sprawl in the area. In discussing the
City of Palm Beach Gardens' Vision for the area, the report states, "Should
interested parties perition the City Council to change any of the existing land uses
within the study area, staffwill look for consistency with the Vision when making
recommendations/br approval. " The request to redesignate 61.9 acres of land
along Northlake Boulevard to RVL is consislent with the Vision Plan, ns well as
the proposed text amendment would allow Palm Beach County enclaves located
north ofNorthlake Boulevard to request a RVL Future Land Use Plan
designation.
3. Promotes, allows or designates urban development in radial, strip, isolated or
ribbon patterns generally emanating from existing urban developments.
The proposed inclusion of the RVL FLUP designation within the Rural
Residential category of residential land uses does not promote, allow or designate
an urban level of inlensity or densiry. The R VL designation already promotes the
clustering ojhomes in order to provide the preservation of environmentally-
signiJcant lands and open space, which is consistent with preferrable rural
development.
4. As a result of premature or poorly planned conversion of rural land to other
uses, fails adequately to protect and conserve natural resources, such as
G:UobrWonhlake Blvd. PaTcclsUpplicalion Inro\Cornp Land Componcntr\UrbsnSpnwlAnrlyris.O~~.~
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wetlands, floodplains, native vegetation, environmentally sensitive areas,
natural groundwater aquifer recharge areas, lakes, rivers, shorelines,
beaches, bays, estuarine systems, and other significant natural systems.
The City’s Comprehensive Plan states, “The RVL category is also allows clustered
developments which preserve vast amounts of open space and natural resources.” The
clustering of homes provides for an alternate development pattern to the more
traditional large lot subdivision which is common in this area. Through clustering, the
opportunity exists to create corridors and linkage of environmentally-signij7cant lands
which are traditionally not possible under a large lot subdivision. It should be noted
that the City’s Comprehensive Plan requires the preservation o/viable wetland areas
and a minimum of 25% of all upland habitat (as further described in Policies 5.1.1.6.,
6.1.2,2., 6.1.2.3.. 6.1.5.4.. 6.1.5.6., and 6.1.9.5.).
5. Fails adequately to protect adjacent agricultural areas and activities,
including silviculture, and including active agricultural and silvicultural
activities as well as passive agricultural activities and dormant, unique and
prime farmlands and soils.
The option of allowing the RVL FLUP designation outside of the City’s urban
growth boundary does not preclude the provision of agriculture uses in the City,
which is allowed as a conditional use within the Planned Development Area
zoning district, which is a holding designation. The City does not have an
Agriculture Future Land Use Plan designation. Within the Western Northlake
Corridor Land Use Study, one of the recommendations was “protecting the rural
character of the area. ’’ The study provides several recommendations to achieve
this stated goal, such as investigating a rural cluster development pattern in the
study area.
6. Fails to maximize use of existing public facilities and services.
The subject properties are within the City’s Future Annexation Area and is within
the future service area for the Seacoast Utility Authority. Currently, public
facilities, such as water and sewer services, are provided in this area by the
adjacent City of West Palm Beach. This is consistent with the City’s Vision Plan
and the Western Northlake Corridor Land Use Study. which both recommended
the provision of limited services within the Northlake Boulevard corridor. The
Vision outlines a strategyfor “Limited extension of ‘urban services ’ into the rural
area through alternative methods, such as package plants. may be desirable to
promote economic development, special housing, protection of natural resources,
and other social or energy considerations.” The Western Northlake Corridor
Land Use Study includes several recommendations with regards to providing
limited services to properties being annexed into the City of Palm Beach Gardens.
The proposed Comprehensive Plan amendment does not discourage the
maximization ofpublic facilities within the City ’s urban growth boundary.
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7. Fails to maximize use of future public facilities and services.
As stated above, the subject properties are within the City's Future Annexation
Area and is within the future service areafor the Seacoast Utility Authority.
Currently, public facilities, such as water and sewer services, are provided in this
area by the adjacent City of West Palm Beach. In addition, the City's Vision plan
and the Western Northlake Corridor Land Use Study both call for limited services
to be available to lands within the rural lands along Northlake Boulevard.
8. Allows for land use patterns or timing which disproportionately increase the
cost in time, money and energy, of providing and maintaining facilities and
services, including roads, potable water, sanitary sewer, stormwater
management, law enforcement, education, health care, fire and emergency
responses, and general government.
The City's Comprehensive Plan states, "The RVL category is also allows clustered
developments which preserve vast amounts of open spnce and natural resources." The
clustering of homes provides for an alternate development pattern to the more
traditional large lot subdivision which is common in this area. Through clustering, the
opportunity exists to create corridors and linkage of environmentally-signiJcant lands
which are traditionally not possible under a large lot subdivision. Within the Western
Northlake Corridor Land Use Study, one of the recommendations is investigating
a rural cluster development pattern in the study area. The proposed amendment
is consistent with the land use palterns planned for under the Ciy's Vision
document, which calls for rural intensity development in this area. As indicated
in the submitted Level of Service analysis, the proposed amendments will not
adversely impact the adopted LOS for services in this area of the City.
9. Fails to provide a clear separation between rural and urban uses.
The City's established urban growth boundary, created by Comprehensive Plan
Policy 1.1.5.4.@)., eflectively establishes the separation of rural and urban uses.
The proposed amendments will not aflect the location of that boundary. The RVL
designation is a rural residential density which is appropriate in the section of the
City and is consistent with the City s Vision Plan and the Western Northlake
Corridor Land Use Study. The RVL designation would also provide a transition
from the high-activity Northlake Boulevard to the lower density rural residential
categories located to the north and west.
10. Discourages or inhibits infill development or the redevelopment of existing
neighborhoods and communities.
Theprovision of RVL to the subject site does not discourage or inhibit infill
development within the City. The RVL designation provides for rural residential
development which would not be appropriate for infill or redevelopment site. The
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Page 4
RVL is also inappropriate for the urban portion of the City as its rural intensities
would not efficiently use the urban services with urban growth boundary. The
proposed amendments have been plannedfor during the past several years
through the Ciry s Visioningprocess and Western Northlake Corridor Land Use
Study. The proposed amendments are appropriate for the rural section and not
the urban portion of the City, where infill development and redevelopment are
encouraged and permitted.
11.
12.
13.
Fails to encourage an attractive and functional mix of uses.
The provision of the RVL FLUP designation on the subject site and the
opportunity to have the same designation for annexed properties along Northlake
Boulevardprovidefor the clitstering ofhomes in a low densiy manner in order to
preserve open space and environmentally-signijicant lands, which are prevalent
in this subject area. This functional use of the land topreserve large areas of
open space, upland habitat and wetlands is consistent with the rural designation
of the subject portion of the City.
Results in poor accessibility among linked or related land uses.
Because of its localion north of Norlhlake Boulevard, (iccess to the subject
properties and surrounding properties is excellent. The proposed amendment
would not aflect the access to the subject sites.
Results in the loss of significant amounts of functional open space.
As stated earlier, the RVL FLUP designation is designed to promote the
clustering of homes for the preservation of “vast amounts of open space and
natural resources.” The City also requires a minimum 35 percent open space for
residential developments, the preservation of wetlands and the preservation of a
minimum of 25 percent of the subject site’s upland habitat.
(h) Evaluation of land uses. The comprehensive plan must be reviewed in its entirety to
make the determinations in (5)(g) above. Plan amendments must be reviewed
individually and for their impact on the remainder of the plan. However, in either
case, a land use analysis will be the focus of the review and constitute the primary
factor for making the determinations. Land use types cumulatively (within the
entire jurisdiction and areas less than the entire jurisdiction, and in proximate areas
outside the jurisdiction) will be evaluated based on density, intensity, distribution
and functional relationship, including an analysis of the distribution of urban and
rural land uses. Each land use type will be evaluated based on:
1. Extent.
The proposed annexation and Future Land Use Plan amendmentfor 61.9 acres
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2.
3.
4.
5.
6.
7.
constitute just 0.1 7percent of the City. The properties affected by the proposed
text amendment (see attached map) reflect just l.45percent of the City’s acreage.
Location.
The property subject of the FLUP redesignation and the properties aflected by the
proposed text amendment are located north of Northlake Boulevard and west of
the Beeline Highway.
Distribution.
The proposed amendments only afect a limited area of the City.
Density.
The proposed amendment would allow for up to one unit per acre on 61.9 acres of
land to be annexed into the City and allow future annexed lands along Northlake
Boulevard to have the option ofhaving a density up to one unit per acre. This
density is consistent with the surrounding land use pattern, the City’s Vision plan
and the Western Northlake Corridor Land Use Study.
Intensity.
As stated above, the proposed amendment would allow for up to one unit per acre
on 61.9 acres of land to be annexed into the City and allow future annexed lands
along Northlake Boulevard to have the option of having a density up to one unit
per acre. This density is consistent with the surrounding land use pattern, the
City’s Vision plan and the Western Northlake Corridor Land Use Study.
Compatibility.
As described in the City’s Comprehensive Plan, the RVL FLUP designation would
allow for low-density clustered development with the preservation of large areas
of open space and environmentally-sensitive lands. Through clustering. the
opportunity exists IO create corridors and linkage of environmenlally-signijicanl lands
which are traditionally not possible under a large lot subdivision. Within the Western
Northlake Corridor Land Use Study. one of the recommendations is investigating
a rural cluster development pattern in the study area. The proposed amendment
is consistent with the land use patterns planned for under the Ciys Vision
document, which calls for rural intensity development in this area. The proposed
RVL designation is also consistent with the nearby approval of the Carleton Oaks
and Osprey Isles developments. which each have an overall density of one unit
per acre.
Suitability.
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The lands to the east of the City's urban growth boundary feature three main
residential FLUP designation: Residential Low, Residential Medium and
Residential High. These are the primary urban residential designations. Please
note that Mobile Home and Mixed Use also allow residential uses. Within the
rural section (west of the urban growth boundary) ofthe City, the Rural
Residential 10 and Rural Residential designation are the most prominent
residential FLUP designations. This amendment would clarih RVL as a rural
category with limited service provision to be considered within the rural section
of the City for recently annexed properties adjacent to Northlake Boulevard,
which is a four-lane roadway which may expand to six to eight lanes in the
coming years. Because oJsuch intensity associated with Northlake Boulevard, it
is more appropriate and suitable lo have a RVL FLUP designalion as a wansition
to the more eastern development. Of the Palm Beach County enclaves in this area,
48% of the enclave area has been converted to a land use designation of one unit
per acre since the completion ofthe Western Northlake Corridor Land Use Study.
8. Functional relationship.
The subject site is located along a major roadway and serves to transition from
the more urban uses to the east and the more rural and environmentally sensitive
area to the west. This area has been subject of a study (Western Northlake
Boulevard Land Use Study) by the two adjacent municipalities and Palm Beach
Counry due to the desire to protect existing residential community values and to
promote rural lfestyles. In recent years, the local governments have been
redesignating the land uses in this area to low densiry residential.
9. Land use combinations.
The existing land use combinations along the Northlake Boulevard corridor west
of the Beeline Highway was studied in the Western Northlake Corridor Land Use
Study. The study recommends future land use plan amendments be reviewed for
consistency with the City s Vision document. The City's Vision documents
recommends R VL to promote the protection of natural resources while providing
opportunities for a rural liyestyte.
10. Demonstrated need over the planning period.
As stated earlier, the City of Palm Beach Gardens is currently experiencing an
explosion oJpopulation growth and development activity. In 1999, the City s
largest landowner, the John D. and Catherine T. Machthur Foundation began
divesting thousands of acres of vacant lands within the City. Much of this land
has been brought into the development reviewprocess and a number of new
residential and non-residential project have been approved by the City. As a
result, the City 's population has grown 12% from 2000 to 2003, when the
population was estimated to be 39,423 by the Bureau of Economic and Business
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Research (BEBR), University of Florida. This growth is anticipated to continue
for the foreseeable future. As stated above, the Cify s Comprehensive Plan
Support Documents indicate that 14,003 dwelling units are going to be needed
between theyears 2005 and 2010 within (he City to serve its anticipated
population. This is 4,872 dwelling units more than what is anticipated to be
neededfor theyears 2000 to 2005. An addilional4,855 dwelling units are
anticipated within the Ciry 's Comprehensive Plan for the years 201 0-2015. As
identifed in the description for Residential Very Low Future Land Use Plan
designation, clustering of homes as means ofpreserving "vast amounts of open
space and natural resources. I' The provision of RYL designated lands within the
rural portion of the City would provide opportunities for the clustering of units
and the preservation of environmenlally-signijcant lands.
(i.) Local conditions. Each of the land use factors in (5)(h) above will be evaluated
within the context of features and characteristics unique to eacb locality. These
include:
1. Size of developable area.
The property requested to be annexed and redesignated is 61.9 acres. The study
area for the properties affected by the proposed text change is 505.56 acres.
2. Projected growth rate (including population, commerce, industry, and
agriculture).
Thefollowing is the population estimates for the City found in the City's
Comprehensive Plan Support Documents:
- Year City s Population
2000
2005
201 0
2015
40,369
50,944
61,519
72.094
3. Projected growth amounts (acres per land use category).
Please see Table 1-4 (attached) of !he Cify S Comprehensive Plan Support
Documents for the project Future Land Use Needs.
4. Facility availability (existing and committed).
The subject area is located within the future water and sewer service area of the
Seacoast Utility Authority, however, initial service will be provided through an
existing agreement with the City of West Palm Beach. The site located within the
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Northern Palm Beach County Improvement District for drainage services.
However, Northern is unable to provide services at this time. Indian Trail
Improvement District has agreed to provide drainage services for this site.
Police, fire and recreation facilities will be provided by the City of Palm Beach
Gardens upon annexation of the properties. Access to the subjeci area will be
from the existing Northlake Boulevard.
5. Existing pattern of development (built and vested), including an analysis of
the extent to which the existing pattern of development reflects urban sprawl.
The existing patiern of development along Northlake Boulevard feature several
large lot subdivisions, which do not efectively preserve the natural resources in
the area. The proposed RVL designation for future annexed properties along
Northlake Boulevard will allow for clustered development which allows for the
preservation of corridors and linkages of open space and environmentally-
significant lands on multiple parcels and connections to surrounding
conservation areas. The RVL designation also provides a suitable transition from
Northlake Boulevard, where other one unit per acre densities are located, to the
less dense FLUP designation farther north of Northlake Boulevard.
6. Projected growth trends over the planning period, including the change in
the overall density or intensity of urban development throughout the
jurisdiction.
As mentioned earlier, the City oJPalm Beach Gardens has experienced a 12%
growth in population from 2000 to 2003. Palm Beach County also continues to
grow in population as the County has received S4,2S4 new residents between
2000 and 2002, or a 4.7%population increase. During this time frame, !he
County has added 74 new residents per day. Between 2000 and 2003, the City of
Palm Beach Gardens has added 3.8 new residents per day. In addition, The
Scripps Research Institute recently announced it is locating its east coast
headquarters immediately west of the City of Palm Beach Gardens. Adjacent to
the future Scripps location will be the planned Palm Beach Gardens Science and
Technology Village. The crearion of the Scripps headquarlers and the Science
and Technology Village is hoped to create thousands of new, high-tech, jobs
within the area. The Village is proposed to be a satellite community, which will
bene$t from the surrounding low density rural residential characteristics.
7. Costs of facilities and services, such as per capita cost over the planning
period in terms of resources and energy.
The property lies within the planned service area as defined by Palm Beach
County, West Palm Beach and Seacoast Utility Aulhorip and as such is provided
for in terms of the Capital Improvement programs of these identities. As this site
and the adjacent enclaves have been studied in terms of development pattern
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9.
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preferences, the facility and service levels have already been discussed in a joint
planning eflort. Additional, the costsfor direct service provision to the site will
be bore by the developer in terms of impact fees and the expense of on-site
infrastructure construction.
Extra-jurisdictional and regional growth characteristics.
The Scripps Research Institute has announced plans to located its east coast
headquarters north and west of the study area. Adjacent to the fulure Scripps
location will be the planned Palm Beach Gardens Science and Technology
Village. The creation of the Scripps headquarters and the Science and
Technology Village is hoped to create thousands ojnew, high-tech, jobs within
the area. The Village is proposed to be a satellite community, which will benefit
from the surrounding low density rural residential characteristics. The proposed
Comprehensive Plan amendment is consistent with the plans for the creation of a
satellite community for the Science and Technology Village. As mentioned earlier,
the City of Palm Beach Gardens has experienced a 12% growth in population
from 2000 to 2003. Palm Beach County also continues to grow in population as
the County has received 54,254 new residents between 2000 and 2002, or a 4.7%
population increase. During this time frame, the County has added 74 new
residents per day. Between 2000 and 2003, the City of Palm Beach Gardens has
added 3.8 new residents per day.
Transportation networks and use characteristics (existing and committed).
The subject site and the study area will be serviced by Northlake Boulevard,
which has a 240foot wide right-ofiway west of Coconut Boulevard, adjacent to
the site.
Geography, topography and various natural features of the jurisdiction.
The subject site and study area feature significant amounts of environmentally-
significant wetlands and upland habitats. As required in the City's
Comprehensive Plan and Land Development Regulations, the viable wetlands will
be preserved and a minimum of 25% of the upland habitat will bepreserved.
(j). Development controls. Development controls in the comprehensive plan may affect
the determinations in (5) (g) above. The following development controls, to the
extent they are included in the comprehensive plan, will be evaluated to determine
how they discourage urban sprawl:
1. Open space requirements.
The Comprehensive Plan diclates through Policy 1.1.1.1. that the City maintain
Land Development Regulations which provide for open space. The Land
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Development Regulations require for a minimum 35% open space for residential
projects, 15% for commercial and mixed iise projects. Policies 1. I. I. 9. and
1.1.4.4. of the Comprehensive Plan call for the provision of additional open space
along major arterial roadways in the City.
2. Development clustering requirements.
Clustering is recommend within the RVL FLUP designation as a means of
preserving open space and environmentally-signijcant lands. Policy 6. I S.6. of
the Comprehensive Plan requires the clustering of development as a means of
preserving environmental lands.
3. Other planning strategies, including the establishment of minimum
development density and intensity, affecting the pattern and character of
development.
The City establishes density levels through Policy 1.1.1.2. and development
minimum development size and character in accordance with the location of the
project through Objective 1.1.5. and Policies I, 1.5.1. (a). 1.
1.1..5.1.(a).2,1.1..5.1.~)., I.I.S.Z.(a)., 1.1.5.2.(b)., 1.1.5.3., 1.1.5.4.(a)., and
I. 1.5.4.p). Within the Comprehensive Plan Support Documents, land is the City
was divided up into sectors and each sector was analyzed for its location to urban
services. transportation links and environmental lands. Policies and FLUP
designations were created as a result of this sector analysis.
4. Phasing of urban land use types, densities, intensities, extent, locations, and
distribution over time, as measured through the permitted changes in land
use within each urban land use category in the plan, and the timing and
location of those changes.
In Policy I. I. 5.4. (a). , the City creates the Plnnned Development Area zoning
designation for all non-conservation vacant lands. This is viewed as a “holding”
zone with its own regulations until development occurs to these lands.
5. Land use locational criteria related to the existing development pattern,
natural resources and facilities and services.
Within the City s Comprehensive Plan Support Documents, land in the City was
divided up into sectors and each sector was analyzed for its location to urban
services. transportation links and environmental lands. Policies and FLUP
designations were created as a result ofthis sector analysis. Based on this
locational criteria, specijc land development requirements have been established
in Objective 1.1.5. and Policies l.lS.l.(a).l, 1.1.5.I.(a).2,1.l.S.l.(b)..
1.1.5.2.(a)., 1.1.5.2.@)., 1.1.5.3., 1.1.5.4.(a)., and 1.1.5.4.e) of [he
Comprehensive Plan.
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6.
7.
8.
9.
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11.
12.
13.
Infrastructure extension controls, and infrastructure maximization
requirements and incentives.
Policy 1.1.5.4. (b) of the City’s Comprehensive Plan established an urban growth
boundary within the City. The Comprehensive Plan also establishes dgerent
infrastructure requirements and level of service standards for lands within and
outside of the urban growth boundary.
Allocation of the costs of future development based on the benefits received.
As identi/ed in Policies 1.1.1. I. and 9.1.2.I., the City will continue to collect
impact fees for the provision of facilities required by new development.
The extent to which new development pays for itself.
Through the implementation of Policy I. 1.4.1.. the City has created a
Concurrency Management System which requires new development to pay for the
impacts on public facilities it creates.
Transfer of development rights.
Within Policy 6.1.5.6. of the Comprehensive Plan, wetland areas are protected
through a density transfer program to upland areas.
Purchase of development rights.
At this point in time, the purchase of development rights is not addressed within
the Comprehensive Plan.
Planned unit development requirements.
Policy 1.1.1.5. of the Comprehensive Plan establishes Planned Unit Development
requirements within the City.
Traditional neighborhood developments.
Policy 1.1.1.3. establishes the criteria and requirements for Mixed Use projects,
which can include traditional neighborhood developments.
Land use functional relationship linkages and mixed land uses.
As stated above, within the Comprehensive Plan Support Documents, land is the
City was divided up into sectors and each sector was analyzed for its location to
urban services, transportation links and environmenta I lands. Policies and FLUP
designations were created as a result ofthis sector analysis. In addition, Policy
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14.
15.
16.
17.
18.
1.1.1.3. of the Future Land Use Plan Ejement of the City S Comprehensive Plan
provides for a Mixed Use FLUP designation which incorporates, as a minimum,
two diferent land use categories.
Jobs-to-housing balance requirements.
Policy 3.1.3.2. of the Comprehensive Plan calls for the high-density residential
areas to be located near major employment centers. Within the Mixed Use
projects, regulations and criteria have been created by the City to encourage
residences nearby to employment opportunities.
Policies specifying the circumstances under which future amendments could
designate new lands for the urbanizing area.
Policies I.l.S.l.(a)2. and 1.1.5.4.@). discuss the establishment of the urban
growth boundary within the City, the distiiiction between urbair and rural
portions of the City and the differing levels of service to be provided for urban
and rural lands. The Comprehensive Plan requires a super majority of the City
Council to approve the extension of urban services of the use ofalternative
service mechanisms.
Provision for new towns, rural villages or rural activity centers.
The City s Vision Pian identified a rural activity center, which proposed
commercial uses, within the western or rural portion of the City. The Western
Northlake Corridor Land Use Study called for the investigation of an equestrian
community within the rural portion of the City. In addition, The Scripps Research
Institute and the Gardens Science and Technology Village will be creating a
satellite city within the western portion of the City, which is consistent with the
location of the rural activity center identified on the City’s Vision Plan.
Effective functional buffering requirements.
Within the City’s Comprehensive Plan, Policies 1. I. 1.7.. 1.1.5.3., 1.1.7.2.. and
6.1.8.2. require adequate bufiering between land uses and between land uses and
adjacent rights-of-way. In addition, the City has established a Parkway program
which requires a minimum 90 foot buffer along specific rights-of-way in the City.
Restriction on expansion of urban areas.
Policy 1.1.5.4. @) of the Future Land Use Element of the City’s Comprehensive
Plan creates two distinct area of the City: urban and rural. Services to these area
are outlined in the Plan’s Capital Improvement Element. The Comprehensive
Plan requires a super majority of the City Council to approve the extension of
urban services of the use of alternative service mechanisms.
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19. Planning strategies and incentives which promote the continuation of
productive agricultural areas and the protection of environmentally sensitive
lands.
The protection of environmentally-sensitive lands is a major goal of the City as it
has been identified numerous times throughout the Comprehensive Plan,
including Objective 1.1.1., and within the City's Vision Plan. The City requires
the preservation of viable wetland areas and a minimum of 25% of all native
upland habitat. Although the City does not have an Agriculture FLUP
designation, the Western Northlake Corridor Land Use Study recommends the
protection of a rural lifestyle in the subjecl area.
20. Urban service areas.
The City's Urban Service Area is located east of the urban growth boundary
established by Comprehensive Plan Policy l.l.S.4.@) and located along the
eastern boundary of the Loxahatchee Slough.
21. Urban growth boundaries.
The City's Urban Growth Boundary was set at the eastern boundary of the
Loxahatchee Slough, as established by Comprehensive Plan Policy 1.1.5.4. (b).
22. Access management controls.
Policy 1.1.5.6. oJFuture Land Use Element of the Comprehensive Plan requires
that lots within a subdivision face an internal street network and lots along the
property periphery are buffered fiom other properties and major roadways.
Policy 2.1.4. I. requires limited access from driveways onto major roadways nnd
limited access between dissimilar land uses.
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ORDINANCE 28,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE FUTURE LAND
USE MAP OF THE COMPREHENSIVE PLAN OF THE CITY OF
PALM BEACH GARDENS RELATING TO CERTAIN PROPERTY
CONSISTING OF APPROXIMATELY 61.9 ACRES, GENERALLY
LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD
INTERSECTION OF NORTHLAKE BOULEVARD AND COCONUT
PALM BEACH COUNTY RURAL RESIDENTIAL 20 (RR20) TO CITY
OF PALM BEACH GARDENS RESIDENTIAL VERY LOW (RVL);
AND PROVIDING AN EFFECTIVE DATE.
APPROXIMATELY ONE-HALF (0.5) MILE WEST OF THE
BOULEVARD TO CHANGE THE LAND-USE DESIGNATION FROM
WHEREAS, on January 20, 2005, the City annexed an approximately 61.9-acre
parcel, generally located on the north side of Northlake Boulevard approximately 0.5
mile west of the intersection of Northlake Boulevard and Coconut Boulevard; and
WHEREAS, City staff has reviewed an amendment to the Future Land Use Map
of the City’s Comprehensive Plan to change the land-use designation of an annexed
area totaling approximately 61.9 acres, as more particularly described herein, from its
current Palm Beach County Rural Residential 20 (RR20) land-use designation to a City
of Palm Beach Gardens Residential Very Low (RVL) land-use designation; and
WHEREAS, on June 8, 2004, the Planning, Zoning, and Appeals Board, sitting
as the duly constituted Local Planning Agency for the City, recommended approval of
said amendment to the Comprehensive Plan of the City; and
WHEREAS, the City Council finds that the Future Land Use Map amendment is
consistent with the City’s Comprehensive Plan; and
WHEREAS, the City Council finds that the Future Land Use Map amendment is
consistent with Sections 163.31 84 and 163.3187, Florida Statutes; and
WHEREAS, the City Council acknowledges that this Future Land Use Map
amendment is subject to the provisions of Sections 163.31 84(9) and 163.31 89, Florida
Statutes, and that the City shall maintain compliance with all provisions thereof; and
WHEREAS, the City has received public input and participation through public
hearings before the Local Planning Agency and the City Council in accordance with
Section 163.31 81, Florida Statutes; and
Date Prepared: September 4, 2007
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Date Prepared: September 4, 2007
Ordinance 28, 2007
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. The Future Land Use Map of the Comprehensive Plan of the City of
Palm Beach Gardens is hereby amended to change the future land-use designation for
the following described 61.9-acre parcel, generally located on the north side of Northlake
Boulevard approximately 0.5 mile west of the intersection of Northlake Boulevard and
Coconut Boulevard, from a Palm Beach County Rural Residential 20 (RR20) land-use
designation to a City of Palm Beach Gardens Residential Very Low (RVL) land-use
designation:
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 41
EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
FROM THE SOUTHERLY 1/4 CORNER OF SAID SECTION 16 TRAVEL N00°27'07"E,
ALONG THE SOUTHERLY 1/4 LINE OF SAID SECTION 16, A DISTANCE OF 687.82
FEET TO A POINT, SAID POINT LYING ON THE NORTHERLY RIGHT-OF-WAY LINE
OF THE 100-FOOT WIDE LAKE PARK WEST ROAD; THEN TRAVEL S89'38'16"EI
ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE OF LAKE PARK WEST
ROAD, A DISTANCE OF 1,333.18 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE S89'38'16"E ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE OF
THE 100-FOOT WIDE LAKE PARK WEST ROAD, A DISTANCE OF 430.75 FEET TO
A POINT; THENCE TRAVEL N00°46'39"E A DISTANCE OF 2,018.50 FEET TO A
POINT IN THE EASTERLY 1/4 LINE OF SAID SECTION 16; THENCE TRAVEL
N88'34'03"W ALONG THE SAID EASTERLY 114 LINE OF SAID SECTION 16, A
DISTANCE OF 430.76 FEET TO A POINT; THENCE TRAVEL S0Oo46'39"W, A
DISTANCE OF 2,026.54 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THE FOLLOWING:
A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 41
EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
FROM THE SOUTHERLY QUARTER SECTION CORNER OF SAID SECTION 16
TRAVEL N00°27'07"E, ALONG THE SOUTHERLY QUARTER SECTION LINE OF
SAID SECTION 16, A DISTANCE OF 687.82 FEET TO A POINT, SAID POINT LYING
2
Date Prepared: September 4, 2007
Ordinance 28, 2007
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ON THE NORTHERLY RIGHT-OF-WAY LINE OF LAKE PARK WEST ROAD; THENCE
TRAVEL S89°38'16"E, ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE OF
LAKE PARK WEST ROAD, A DISTANCE OF 1,763.93 FEET TO THE POINT OF
BEGINNING; THENCE TRAVEL N00°46'39"E, A DISTANCE OF 2,018.50 FEET TO A
POINT IN THE EASTERLY QUARTER SECTION LINE OF SAID SECTION 16;
THENCE TRAVEL S88°34'03"E, ALONG SAID EASTERLY QUARTER SECTION LINE
OF SECTION 16; A DISTANCE OF 914.13 FEET TO THE EAST ONE QUARTER
SECTION CORNER OF SAID SECTION 16; THENCE TRAVEL S0lo06'33"W ALONG
THE EAST LINE OF SAID SECTION 16, A DISTANCE OF 2,001.54 FEET TO AN
WIDE LAKE PARK WEST ROAD; THENCE N89"8'16''W, ALONG THE SAID NORTH
TO THE POINT OF BEGINNING.
INTERSECTION WITH THE SAID NORTH RIGHT-OF-WAY LINE OF THE 100-FOOT
RIGHT-OF-WAY LINE OF LAKE PARK WEST ROAD, A DISTANCE OF 902.50 FEET
SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA CONTAINING
2,696,386 SQUARE FEET OR 61.901 ACRES, MORE OR LESS.
SECTION 3. The City's Growth Management Administrator is hereby directed to
ensure that this Ordinance and all other necessary documents are forwarded to the Florida
Department of Community Affairs and other agencies in accordance with Section
163.31 84(3), Florida Statutes.
SECTION 4. The effective date of this plan amendment shall be the date a final
order is issued by the Department of Community Affairs or Administration Commission
finding the amendment in compliance in accordance with Section 163.31 84(l)(b),
Florida Statutes, whichever is applicable. No development orders, development
permits, or land uses dependent on this amendment may be issued or commence
before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, this amendment may nevertheless be made effective by
adoption of a resolution affirming its effective status, a copy of which resolution shall be
sent to the Florida Department of Community Affairs, Division of Community Planning,
Plan Processing Team. An adopted amendment whose effective date is delayed by law
shall be considered part of the adopted plan until determined to be not in compliance by
final order of the Administration Commission. Then, it shall no longer be part of the
adopted plan unless the local government adopts a resolution affirming its effectiveness
in the manner provided by law.
(The remainder of this page left intentionally blank)
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Date Prepared: September 4, 2007
Ordinance 28, 2007
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PASSED this day of , 2007, upon first reading.
PASSED AND ADOPTED this day of , 2007, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY:
FOR AGAINST ABSENT
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDlNANCESkpears - large scale land use amend - ord 28 2007.docx
4
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 27,2007
Meeting Date: December 6,2007
Resolution: 120,2007
SubjecVAgenda Item: Consider approval of Clarification and Addendum I to an Agreement with
Waste Management, Inc. for Solid Waste, Recycling and Vegetative Waste Services
[XI Recommendation to APPROVE
J ] Recommendation to DENY
Reviewed by:
City Att d
mi istrator F2z2--
Community Services
Administrator
Operations Director
Community Services
Department
Advertised: NIA
Date:
Paper:
[ X ] Not Required
Affected parties
[ X ] Notified
\
[ ] Not required
Costs: $297,43548
(Total)
Funding Source:
[ x ] Operating
[ ]Other
Budget Acct.#:
001.0900.519.3440
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 120, 2007
Exhibit A: Agreement
Exhibit B: Clarification
and Addendum I
Exhibit C: Citywide
Recycling Proposal
[ ]None
L
Date Prepared: September 27,2007
Meeting Date: December 6,2007
Resolution: 120,2007
BACKGROUND:
On February 16,2006, the City Council adopted Ordinance 2,2006 granting a franchise for
Solid Waste, Recycling, and Vegetative Waste Services Franchise for the City to Waste
Management, Inc. for a seven (7) year period that began April 1, 2006.
It is the established policy of the City that all costs associated with residential solid waste
collection services, including container residential solid waste collection services be paid by
ad valorem tax revenue. The City and Waste Management Inc. found that container
residential solid waste collection units were not invoiced by Waste Management, Inc., but
collection of these units was performed by the Contractor.
The City and Waste Management, Inc. request to clarify and amend the Agreement
language related to residential container service and billing of the units that were not
included in the monthly invoice stated in the Clarification and Addendum I attached as
Exhibit B. The City agrees to pay Waste Management, Inc. for container residential solid
waste collection services from April 1,2006 through September 30,2007 less overcharges
for a total of $297,435.48 to be paid over a twenty-four month period in the amount of
$12,393.14 per month. Any new container residential solid waste units added after the
effective date of the attached Resolution 120, 2007 will be billed at the rate established
under Exhibit I as part of the attached Clarification and Addendum I.
Additionally, Exhibit I to the agreement has been revised to include the roll off container rate
greater than 12 cubic yards. This rate will be calculated in the same manner as other rates
annually for any adjustments.
Finally, Waste Management Inc. has agreed to provide funding for a recycle container
program at all City buildings and parks in the amount of $37,596.68. This program will
provide recycle containers, recycling dumpster enclosures, receptacle retrofits, and
educational materials to further the City’s “Going Green” campaign. The proposal for this
program is attached as Exhibit C.
STAFF RECOMMENDATION:
Approve Resolution 120, 2007 as presented.
Date Prepared: October 15, 2007
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RESOLUTION 120,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A CLARIFICATION
AND ADDENDUM I TO THE SOLID WASTE, RECYCLING, AND
VEGETATIVE WASTE SERVICES AGREEMENT WITH WASTE
MANAGEMENT, INC.; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City adopted Ordinance 2, 2006 on February 17, 2006,
approving an Agreement with Waste Management, Inc. for a seven (7) year exclusive
Solid Waste, Recycling, and Vegetative Waste Collection Services Franchise, attached
hereto and incorporated herein as Exhibit A; and
WHEREAS, it is the established policy of the City that the cost of residential solid
waste collection services, including container residential solid waste collection services,
be paid from ad valorem tax revenue; and
WHEREAS, it has come to the attention of the parties that certain residential
units were not invoiced by Waste Management, Inc., but that collection services were
performed; and
WHEREAS, the City and Waste Management, Inc. desire to clarify and amend
the Agreement language related to residential container service and the billing of such
item as stated in the Clarification and Addendum I, attached hereto and incorporated
herein as Exhibit B, consistent with the intent of the Council in approving the
Agreement; and
WHEREAS, as part of the Clarification and Addendum I, the City and Waste
Management, Inc. have also amended Exhibit I of the Agreement relating to rates for
roll-off containers greater than 12 cubic yards; and
WHEREAS, to effectuate this Clarification, the City agrees to pay Waste
Management, Inc. for container residential solid waste collection services from April 1 ,
2006, through September 30, 2007, less overcharges for a total of $297,435.48, to be
paid over a twenty-four (24) month period in the amount of $12,393.14 per month; and
WHEREAS, any new container residential solid waste units added after the
effective date of this Resolution will be billed at the rate established under the rates
listed on Exhibit I as part of the attached Clarification and Addendum I; and
WHEREAS, Waste Management, Inc. has agreed to contribute the sum of
$37,596.68 to the City to fund a City Recycling Program, attached hereto as Exhibit C;
and
Date Prepared: October 15,2007
Resolution 120,2007
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WHEREAS, the City Council has deemed 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 of the City of Palm Beach Gardens hereby
approves the Clarification and Addendum I to the Agreement, and hereby authorizes the
Mayor and City Clerk to execute the Clarification and Addendum I.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
2
Date Prepared: October 15, 2007
Resolution 120, 2007
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PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLIN
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\waste mgmt amend - reso 120 2007.doc
3
Date Prepared: October 15, 2007
Resolution 120, 2007
EXHIBIT “A”
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ORDINANCE 2,2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA GRANTING AN EXCLUSIVE SOLID
WASTE, RECYCLING, AND VEGETATIVE WASTE COLLECTION
SERVICES FRANCHISE TO WASTE MANAGEMENT, INC.;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
FRANCHISE AGREEMENT WITH WASTE MANAGEMENT, INC.; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 11,2005, the City issued a Request for Qualifications
and Bid for Solid Waste and Recycling Collection Services; and
WHEREAS, Waste Management, Inc. was determined to be the most responsible,
responsive bidder based on qualifications and cost; and
WHEREAS, the parties desire to enter into a seven (7) year exclusive Franchise
Agreement, which is attached hereto as Exhibit 'A and by this reference made a part
hereof; and
WHEREAS, this Ordinance has been posted publicly for a period of thirty (30) days
pursuant to the provisions of Section 18-5 of the Charter of the City of Palm Beach
Gardens; 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 City Council of the City of Palm Beach Gardens hereby grants to
Waste Management, Inc. a seven (7) year exclusive Solid Waste, Recycling, and Vegetative
Waste Collection Services Franchise and authorizes the Mayor and City Clerk to execute the
Franchise Agreement on behalf of the City.
SECTION 2. This Ordinance shall become effective immediately upon adoption.
Date Prepared: November 9,2005
ordinance 2.2006
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PASSED this fi day of JwuW'? , 2006, upon first reading.
PASSED AND ADOPTED this I@" day of C6mw-u~ ,2006, upon second
and final reading.
CITY OF PALM
ATTEST:
BY:
APPROVED AS TO FORM AND
LEGAL SUFFlClENCY
FOR
L/
/
rl
AGAINST ABSENT
2
z 0 3
p: W n c
v) 0 0
z 3
c
(3 Is I -I
9 B
N
Waste Management, Inc.
Approved Contractor Rate Schedule
Annual Cost Review
Residential Curbside Collection (per unit)
Services FY 2005 Extension RFP Pricing
1011/5-3/3116
Solid Waste (2Xhk) $882,748.08 $957,516.36 $1,092,581.60
Vegetative (1 .OM) $301,485.00 $325,603.80 $352.1 34.48
Recycling (1 .OW) $301,485.00 $378,665.16 $477,552.28
Admin Fee
Total $1,485,718.08 $1,661,785.20 $1,922,268.36
Residential Container Collection (per unit)
Services FY 2005 Extension RFP Pricing
1 011 15-3/3116
Solid Waste (WEWk) $106,386.00 $1 77,459.00 $189,oSl .OO
Recycling (1 .OM) $70,179.00 $70,179.00 $88,506.00
Admin Fee $24,585.00 I Total I $176,565.00 I $272,223.00 I $277,587.00
Commercial Solid Waste and Recycling Collection Rates I Services FY 2005 Extension I RFPPricing I 1 101115-313116
-
Container Rate (per cubic yard: pcy) $1,131,000.00 $1,95o,OOo.OO $1,908,000.OO
I
Total $1,131,000.00 $1,950,oO0.00 I $1,908,o0o.00 I
SOLID WASTE AND RECYCLING
COLLECTION SERVICES AGREEMENT
1
Between
CITY OF PALM BEACH GARDENS
STE MANAGEMENT INC. OF FLORIDA
and
1
1 .
2 .
3 .
4 .
TABLE OF CONTENTS I
TERM ............................................................................................................................ 6
DEFINITIONS .............................................................................................................. 6
SERVICES PROVIDED BY CONTRACTOR ......................................................... 10
SOLID WASTE. RECYCLING. AND VEGETATIVE WASTE COLLECTION
SERVICE ..................................................................................................................... 11
A .
B .
C .
D .
E .
F .
G .
H .
I .
J .
K .
Curbside Residential Solid Waste Collection ................................................. 11
1 . Conditions and Frequency of Service .................................................. 11
Curbside Residential Vegetative Waste Collection Services. ......................... 12
1 . Conditions and Frequency of Service .................................................. 12
Curbside Residential Recycling Collection Service ........................................ 12
1 . Conditions and Frequency of Service .................................................. 12
2 . Recycling Containers ............................................................................ 13
Container Residential Solid Waste Collection Service ................................... 13
1 . Conditions and Frequency of Service .................................................. 13
Container Residential Recycling Collection Service ....................................... 14
1 . Conditions and Frequency of Service .................................................. 14
Commercial Solid Waste Collection Service .................................................. 14
1 . Conditions and Frequency of Service .................................................. 14
2 . Level, Type. and Disclosure of Rates for Commercial Collection and
Other Services ....................................................................................... 15
a) . Commercial Solid Waste Collection Service ...................................... 15
b) . Disclosure ............................................................................................ 15
1 .
2 .
Commercial Recycling Collection Service ...................................................... 16
Conditions and Frequency of Service .................................................. 16
Level, Type. and Disclosure of Rates for Commercial Recycling
Collection and Other Service ............................................................... 17
3 . Ownership ............................................................................................ 17
Accessibility ..................................................................................................... 18
1 . Curbside Residential ............................................................................ 18
2 . Container Residential ........................................................................... 18
3 . Commercial .......................................................................................... 18
Method of Payment .......................................................................................... 18
Method of Collection ....................................................................................... 18
Hours of Collection .......................................................................................... 19
2
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7 .
8 .
9 .
10 .
11 .
12 .
13 .
14 .
15 .
16 .
17 .
18 .
19 .
L .
M .
N .
0 .
Routes and Schedules ....................................................................................... 19
Recycling Containers for Residential Dwelling Units .................................... 19
Materials Recycling Facility ............................................................................ 20
Change in Scope of Recycling Collection Service .......................................... 20
CHARGES. RATES. AND LEVEL OF SERVICES ................................................ 20
Solid Waste and Recycling Collection Services ............................................. 20
City’s Obligation - Billing. Collection. Payments .......................................... 20
Solid Waste Disposal Costs ............................................................................. 21
Extraordinary Rate Adjustment ....................................................................... 22
Extraordinary Rate Adjustment Fuel ............................................................... 22
Annual Rate Adjustment .................................................................................. 22
A .
B .
C .
D .
E .
F .
G . Contract Service Fee ........................................................................................ 22
HOLIDAYS ................................................................................................................. 23
SPECIAL SERVICES ................................................................................................. 23
PUBLIC AWARENESS PROGRAM ........................................................................ 23
MANNER OF COLLECTION ................................................................................... 23
PERSONNEL OF THE CONTRACTOR .................................................................. 24
SPILLAGE .................................................................................................................. 24
SOLID WASTE AND MATERIAL RECYCLING FACILITIES ........................... 24
COLLECTION EQUIPMENT ................................................................................... 25
SPECIAL WASTE. HAZARDOUS WASTE. BIOHAZARDOUS OR
BIOMEDICAL WASTE. AND SLUDGE ................................................................. 25
OFFICE AND EQUIPMENT YARD ........................................................................ 25
COMPLAINTS ............................................................................................................ 26
QUALITY OF PERFORMANCE OF CONTRACTOR ........................................... 26
NATURAL DISASTERS ........................................................................................... 28
UNCONTROLLABLE CIRCUMSTANCES ............................................................ 29
3
20 . PERMITS AND LICENSES ...................................................................................... 29
........................................................................................... 2 1 . PERFORMANCE BOND 29
22 . EMPLOYEE WAGES AND BENEFITS .................................................................. 29
23 . INSURANCE .............................................................................................................. 29
Liability Insurance ........................................................................................... 30
A .
B .
Workers’ Compensation Insurance .................. .............................................. 30
24 . INDEMNIFICATION ................................................................................................. 30
25 . ACCESS AND AUDITS ............................................................................................ 30
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35 .
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37 .
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POINT OF CONTACT ............................................................................................... 30
NOTICE ....................................................................................................................... 30
DEFAULT OF CONTRACT ...................................................................................... 31
PUBLIC WELFARE ................................................................................................... 32
RIGHT TO REQUIRE PERFORMANCE ................................................................. 33
TITLE TO WASTE ..................................................................................................... 33
GOVERNING LAW AND VENUE .......................................................................... 33
COMPLIANCE WITH LAWS ................................................................................... 33
SEVERABILITY ........................................................................................................ 33
ASSIGNMENT AND SUBLETTING ....................................................................... 33
MODIFICATION ....................................................................................................... 34
INDEPENDENCE OF AGREEMENT ...................................................................... 34
ANNEXATIONS ........................................................................................................ 34
CHANGE OF LAW .................................................................................................... 34
OTHER RATE ADJUSTMENTS .............................................................................. 34
4
4 1 . PUBLIC ENTITY CRIMES ....................................................................................... 34
42 SUBSTANTIAL COMPLIANCE 34
43 . COMMUNITY SERVICE .......................................................................................... 34
44 CONTRACT PREPARATION 34
45 . FISCAL FUNDING .................................................................................................... 35
46 . COMPETITIVE EQUALITY ..................................................................................... 35
. ..............................................................................
. ..................................................................................
EXHIBITS
I
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111
IV
V
VI
VI1
Approved Contractor Rate Schedules ......................................................... 11-1v
Residential Solid Waste Disposal Credit Calculation ...................................... V
Performance Bond Requirement ................................................................... v111
Quarterly Financial Reporting Format ............................................................. IX
Non-Assessed Residential Disposal Compensation Procedure ................. x-x11
Annual Financial Reporting Format ......................................................... VI-VI1
Collection Preparation and Implementation Plan ......................................... x111
5
SOLID WASTE AND RECYCLING ! COLLECTION SERVICES AGREEMENT
I
THIS AGREEMENT is hereby made and entered into this day of ,2005,
between the ClTY OF PALM BEACH GARDENS, a municipal corporation organized and existing under the laws of
the State of Florida, which municipality is wholly located within the boundaries of Palm Beach County, Florida
(hereinafter referred to as "CITY") and WASTE MANAGEMENT INC. OF FLORIDA (hereinafter referred to as
"Contractor").
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration and the mutual promises contained herein, the parties agree as follows:
1. TERM:
This Agreement shall be for the period of seven (7) years commencing on April I, 2006, and expiring March
30, 2012. Nothing herein, however, shall prevent the City and the Contractor from extending this Agreement mutually
agreeable terms for an additional five (5) year term should the City notify the Contractor within twelve (12) months in
advance of the natural expiration date of this Agreement. Any changes to the Agreement must be approved by the City
Council in accordance with applicable ordinance(s).
2. DEFINITIONS:
To the extent the definitions contained herein conflict uith similar definitions contained in any federal, state, or
local law, the delinitions herein shall prevail. However, nothing contained herein shall be interpreted to require the
Contractor to undertake any conduct, which is contrary to federal, state, or local law.
A. Authority shall mean the Solid Waste Authority of Palm Beach County.
B. Biohazardous or Biomedical Wastes shall mean those wastes which may cause diseaqe or
reasonably be suspected of harboring pathogenic organisnis, including, but not limited to, waste
resulting fiom the operation of medical clinics, hospitals, and other facilities producing wastes which
may consist of, but are not limited to, diseased human and animal parts, contaminated bandages,
pathological specimens, hypodermic needles. contaminated clothing, and surgical gloves.
Bulk Trash shall mean any non-vegetative item which cannot be containerized, bagged or bundled,
including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, pool heaters,
water softeners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar
domestic appliances, household goods, and furniture and shall not be commingled with Vegetative
Waste. There shall be no weight limit for any item of Bulk Trash.
C.
D. Collection shall mean the process whereby solid waste, including. but not limited to, Garbage, Trash,
Bulk Trash, Vegetative Waste. or Recyclable Material is removed and transported to a Designated
Facility.
Collection Route shall mean a fvted or customary course of travel assigned to a crew and scheduling
the order of stops fiom one point to another covering a defined area of territory.
E.
F. Collection Schedule shall mean the day(s) of each week divided into service day halves (AMPM)
pick -up that customers will receive specified collection service.
6
G. Commercial Recycling Collection Service shall mean the Collection of Recyclable Materials by the
Contractor fiom customers within the Service Area that are not serviced by Residential Recycling
Collection Service.
H. Commercial Solid Waste shall include any Garbage, Bulk Trash, Trash, or Vegetative Waste that is
not Residential Solid Waste. Substantial effort shall be made not to commingle Garbage, Trash, or
Bulk Trash with Vegetative Waste.
I. Commercial Solid Waste Collection Service shall mean the collection of Commercial Solid Waste
within the Service Area. Such service includes both Containers and Compactors, but does not include
Roll-off Collection Services.
J. Compactor shall mean any container, which has compaction mechanism(s), whether stationary or
mobile, all inclusive.
K. Construction and Demolition Debris (CAD) shall mean materials generally considered to be not
water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete,
roofing material, pipe, gypsum wallboard, and lumber from the construction or destruction of a
structure as part of a construction or demolition project. Mixing of a de nunimis amount of waste
other than WD fiom the construction site will not autonutically cause it to be classified as other than
C&D.
L. Container shall mean and include any container typically of one (1) cubic yard capacity or larger
designed or intended to be mechanically dumped into a loader packer type or hoisted onto the bed or
rails of a truck. All Containers must be of standard industry specifications including size(s) and in
common use in Palm Beach County.
M. Container Residential Recycling Collection Service shall mean the collection of Recyclable
Materials by the Contractor from Dwelling Units in the Service Area that requires the use of
Containers for the collection of Recyclable Materials and which also receive Residential Collection
Service for solid waste, and the delivery of those Recyclable Materials to the Materials Recycling
Facility or designated Solid Waste Authority transfer station. This service shall be considered a
commercial service account for billing purposes which the Contractor shall invoice monthly.
Container Residential Solid Waste Collection Service shall mean solid waste collection service of
all Dwelling Units whose Garbage, Trash, or Bulk Trash is collected by means of a central or shared
Container and not by means of a Garbage Can. Vegetative Waste collection service is not provided.
This service shall be considered a commercial service account for billing purposes which the
Contractor shall invoice monthly.
Contract shall mean this Agreement executed between the City and the Contractor for the
performance of the services as provided in ttus Agreement.
Contractor shall mean that person or entity set out initially above that has entered into this
Agreement to provide the services described herein for the Service Area.
Contract Administrator shall mean the person(s) designated by the City who shall act as the City's
representative in the ahnistration and supervision of tlus Agreement during its term.
N.
0.
P.
Q.
R.
S.
County shall mean Palm Beach County, Florida.
Curbside Residential Recycling Collection Service shall mean the collection of Recyclable
Materials by the Contractor fiom all Dwelling Units in the Service Area that also receive Curbside
Residential Solid Waste Collection Service for Solid Waste and other Dwelling Units as are
7
designated by the City, and the delivery of those Recyclable Materials to the Solid Waste Authority's
Materials Recycling Facility or designated Solid Waste Authority transfer station.
Curbside Residential Solid Waste Collection Service shall mean Residential Solid Waste and
Vegetative Waste Collection service for all Dwelling Units whose Garbage and Vegetation are
collected in separate pick-ups by means of a Garbage Can at curbside or roadway.
T.
U. Department shall mean the Florida Department of Environmental Protection.
V. Disposal Costs shall mean the "tipping fees" and the landfill or processing costs charged to the
Contractor by others for disposal or processing of the waste collected by the Contractor.
W. Designated Facility shall mean a Solid Waste Authority of Palm Beach County-owned or permitted
facility.
X. Dwelling Unit shall mean any type of structure or building unit intended for or capable of being
utilized for residential living other than a licensed Hotel or Motel unit.
Y. Fiscal Year shall mean the period between October 1 of a given year and September 30 of the
following year during this Agreement.
Z. Garbage shall mean all putrescible waste, which generally includes, but is not limited to, kitchen and
table food waste, animal, vegetable, food, or any organic waste that is attendant with or results from
the storage, preparation, cooking, or handling of food materials, whether attributed to residential or
comnlercial activities. Vegetative Waste shall not be commingled with Garbage in the same
collection. Garbage shall not include any material that falls within the definition of Special Waste.
AA. Garbage Receptacle or Can shall mean a can of rigid plastic or galvanized metal or heavy-duty
plastic bag which when full do not exceed 50 pounds in total weight or 45 gallons in size.
BB. Hazardous Waste shall mean solid waste as defined by the State of Florida Department of
Environmental Protection as a hazardous waste in the State of Florida Administrative Code, or by any
hture legislative action or by federal, state, or local law.
CC. Hotel or Motel shall mean a structure or building unit(s) capable of being utilized for residential
living where such unit or a group of such units is regularly rented to transients or held out or
advertised to the public as a place regularly rented to transients for periods of seven days or less. To
meet this definition, the Hotel or Motel must be licensed to operate as such. "Transient" has the
meaning as defined in Chapter 509, Florida Statutes (1987), or its successor law.
Materials Recycling Facility (MRF) shall mean any facilities operated or managed by, for, or on
behalf of or designated by, the City for the purpose of receiving, sorting, processing, storing, andor
preparing Recyclable Materials for sale, as specifically designated in writing by the Contract
Administrator.
DD.
EE. Mixed Paper shall be defined as a mixture of paper products including magazines, catalogues, phone
books, cereal boxes, soda and beer can boxes, chipboard, file folders, envelopes, letter paper, junk
mail, notebook paper, and any other clean paper products.
FF. Peak Times shall mean the period between November 1 of a given year and April 30 of the following
year, unless otherwise specified by the City.
GG. Public Awareness Program shall mean that program developed by the City to inform and encourage
residential and commercial solid waste collection customers to use all solid waste and recycling
collection services offered by the City through the Agreement. It shall also mean information
concerning level of service and changes in scope of service.
8
HH. Recyclable Materials shall mean newspapers (including inserts), aluminum, plastic containers, glass
bottles and jars, milk and juice cartons, aseptic containers, cormgated cardboard, brown paper bags,
Mixed Paper, tin and ferrous cans, household dry-cell batteries (no wet-cell batteries), and other solid
waste materials added upon Agreement between the City and the Contractor, when such materials
have been either diverted from the remaining solid waste stream or removed prior to their entry into
the remaining solid waste stream.
11.
JJ.
KK.
Recycling Container shall mean a rigid, nestable bin of approximately 18-gallon capacity made of
plastic or other suitable substance that is used for the storage of Recyclable Materials.
Residential Recycling Collection Service shall mean Curbside Residential Recycling Collection
Services and Container Residential Recycling Collection Service.
Residential Solid Waste shall mean Garbage, Trash, and Bulk Trash resulting from the normal
housekeeping activities of a Dwelling Unit, but shall not include Vegetative Waste. Residential Solid
Waste shall also mean Construction and Demolition Debris (C&D) resulting from minor home repair
from the Dwelling Unit, not to exceed five (5) cubic yards of Construction and Demolition Debris
material per collection.
LL.
MM.
NN.
00.
Residential Solid Waste Collection Service shall mean Curbside Residential Solid Waste Collection
Service and/or Container Residential Solid Waste Collection Service.
Residential Vegetative Waste shall mean vegetative waste generated from residential property,
occupied by a dwelling unit, within the service area.
Residential Vegetative Waste Collection Service shall mean Curbside Residential Vegetative Waste
Collection Service.
Roll-off Collection Service shall mean the Collection of C&D only roll-off containers, or the
Collection of C&D by other mechanical means, within temporary locations in the Service Area,
limited to new construction sites and remodeling or rehbishment sites. Roll-off Collection Service
shall also mean the collection of horticultural or agricultural wastes at horticultural or agricultural
nurseries, but only when the customer chooses to use roll-off containers for horticultural or
agncultural waste, and horticultural and agricultural waste shall not include any other type of waste,
including, but not limited to, Special Waste, Garbage, or Recyclable Material.
PP. Service Area shall mean the area within the incorporated boundaries of the City of Palm Beach
Gardens for which the mandatory solid waste collection and recycling collection program is
administered.
QQ. Sludge shall mean a solid, semi-solid, or liquid generated fiom any waste water treatment plant, water
supply treatment plant, air pollution control facility, septic tank, grease trap, portable toilets and
related operations, or any other such waste having similar characteristics or effects.
RR.
ss.
Solid Waste Authority Disposal Facility shall mean place or places specifically managed, operated,
or permitted by the Solid Waste Authority of Palm Beach County.
Special Services shall mean any services requested or required by the customer which are in addition
to, or a change in, Residential Solid Waste Collection Service, Residential Recycling Collection
Service, Commercial Recycling Collection Service, and Commercial Solid Waste Collection Service
as set out or similar to those listed in Exhibit 1, attached hereto and by this reference incorporated
herein.
9
TT.
uu.
w.
ww.
xx.
w.
Special Waste shall include, but not be limited to, automobiles, boats, internal combustion engines,
non-automobile tires, Sludge, dead animals, septic tank waste, Biohazardous or Biomedical Waste,
liquid waste, and Hazardous Waste. Special Waste may also include items determined by the
Contract Administrator to be reasonably unnmnageable.
Trash shall mean all refuse, accumulation of paper, rags, wooden or paper boxes and containers,
sweepings, broken toys, tools, utensils, and all other accumulations of a similar nature other than
Garbage, which are usual to housekeeping and to the operation of stores, ofices, and other business
places, but shall not include Vegetative Waste.
Uncontrollable Forces shall mean any event, which results in the prevention or delay of performance
by a party of its obligations under this Agreement and which is beyond the reasonable control of the
non-performing party. It includes, but is not limited to, fire, flood, hurricanes, earthquakes, storms,
lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions.
Universal Container shall mean and include any waste or recycling storage receptacle made of heavy
-duty plastic material and generally sized in 35, 65, 95, and 101 gallon capacities that is dumped by
automated or semi-automated means into a packer or compartmented vehicle body.
Vegetative Waste shall mean any vegetative matter resulting from yard and landscaping maintenance
by any party and shall include materials such as normal and recurring tree and shrub trimming
materials, grass clippings, leaves, pine needles, palm seeds, weeds, palm fronds, tree branches, and
similar other matter usually produced as refuse in the care of lawns, landscaping and yards. Tree limbs
and trunks shall be limited to ten (10) inches or less in diameter. vegetative Waste, except palm
fronds, must be no more than six (6) feet in length, and no single item shall weigh more than 50
pounds and shall be placed in a City-provided Universal Container if possible. Larger quantities shall
be placed neatly at the curb for collection by special equipment. Natural Christmas trees will be
collected as Vegetative Waste, and any section must not be more than 8 feet in length and must be
under 50 pounds. Vegetative Waste must originate from the residential property at which it is placed
for collection. Vegetative Waste shall not include material generated as the result of a commercial
activity located at a residential property.
City shall mean the City of Palm Beach Gardens, Florida, a municipal corporation.
3. SERVICES PROVIDED BY CONTRACTOR:
The Contractor shall provide mandatory Residential Solid Waste, Residential Vegetative Waste, and
Residential Recycling Collection Services in the Service Area. The right to provide such Collection Services in the
Service Area shall be exclusive to the Contractor. The City or its designee will be responsible for the billing and
collection of payments for the mandatory Curbside Residential Solid Waste, Curbside Residential Vegetative Waste, and
Curbside Residential Recycling Collection Service. The Contractor shall be responsible for the billing and collection of
payments for mandatory Container Solid Waste and Recycling Collection Service.
The Contractor shall provide Commercial Solid Waste Collection Services in the Service Area, which shall be
an exclusive right to the Contractor; subject, however, to the exception for Roll-off Collection Service of Construction
and Demolition Debris under separate annual permits as provided below. The Contractor shall be responsible for the
billing and collection of Commercial Solid Waste Collection Service fees and disposal costs not being billed and
collected by the City or its designee. The Contractor shall also be responsible for billing and collection of Container
Residential Solid Waste and Recycling service fees.
Roll-off Collection Services of Construction and Demolition Debris (C & D) shall not be exclusive to the
Contractor. Notwithstanding any other provision of this Agreement, collection of waste contained in roll-off containers
excluded from Roll-off Collection Services of C & D for businesses in the Service Area is exclusive to the Contractor.
10
No other person or entity except the Contractor may offer or provide Residential Solid Waste Collection
Service, Residential Recycling Collection Service, and Commercial Solid Waste Collection Service in the Service Area.
If the Contractor becomes aware of an entity violating the provisions of this Section, the Contractor should provide
information of the violations to the Contract Admmistrator. Upon review of the information and that of any subsequent
investigation, the City will report its findings and recommended recourse.
The Contractor shall provide Commercial Recycling Collection Services in the Service Area upon request by
the customer or the City, or through the solicitation efforts of the Contractor. Charges for such services are to be
determined between the customer and Contractor based upon the terms of this Agreement. However, Commercial
Recycling Collection Services are not exclusive to the Contractor in the Service Area.
The Contractor shall provide Solid Waste and Recycling Collection services to all property owned, leased,
rented, or controlled by the City, including, but not limited to, those designated by the Contract Administrator if acquired
during the term of the Agreement. These services shall be provided at no charge to the City, to include provision of
Containers, collection service maintenance fees, and roll-off containers of twenty (20) or more yards capacity. The City
will have a maximum limit of ten (IO) roll-off pulls per month without limit to size of the roll-off container at no charge.
Additional pulls will be charged at the regular commercial rate.
The Contractor shall use good faith and its best efforts to cooperate with any commercial recycling haulers
providing recycling services to customers in the City.
In order to provide the services, the Contractor shall provide, at its own expense, all labor, insurance,
supervision, machinery and equipment, buildings, trucks, vehicles, a radio compatible with City systems to the City with
all Contractor contacts programmed in the radio at no charge to the City, and any other tools, equipment, accessories, and
items necessary to maintain the highest quality and level of service standards of solid waste collection and recycling
service set forth herein.
The Contractor shall provide, at no additional cost to the City, a location for receipt and storage of Recycling
Containers. The Contractor shall be responsible for pick up, storage, and distribution of the Recycling Containers
requested by curbside residential customers. Recycling Containers will be ordered from the Solid Waste Authority on
behalf of the City.
4. SOLID WASTE, RECYCLING, AND VEGETATIVE WASTE COLLECTION SERVICES:
Collection services for residential curbside, residential container, and commercial customers provided by
this Agreement shall be set forth in this Section. Curbside Residential Solid Waste shall be by the manual method of
collection effective April 1, 2006, in accordance with the provisions of this Agreement or such other date mutually
agreed to in writing by the parties hereto.
A. Curbside Residential Solid Waste Collection Services: This service is provided to dwellings
wherein Garbage, Bulk Trash, and Trash are placed within six (6) feet of the curb or roadside for
collection by the Contractor. Exceptions to this location for collection apply only to those who
have been qualified as handicapped by the Contract Administrator and those who have contracted
with the Contractor for Special Services. The City or its designee shall be responsible for the
billing and collection of payments from curbside residential customers for this service.
1. Conditions and Frequency of Service: All Curbside Residential Solid Waste shall be
placed in a Garbage Receptacle or Can and placed curbside, as required by the City, for
collection by the Contractor twice each week. The Contractor shall only be required to
collect the contents of Garbage Receptacles or Cans except for Trash and Bulk Trash.
Exceptions to the twice per week collection occur only on permitted holidays or in the case
of a City-declared emergency or disaster. There shall be no less than forty-eight (48) hours
or more than seventy-two (72) hours between regularly scheduled collection days.
Customers are not to commingle Vegetative Waste with Residential Solid Waste; however,
the Contractor may collect moderately commingled wastes at their discretion and shall
11
assume responsibility for disposal at a designated facility. There shall be and is no limit on
the number of Garbage Receptacles or Cans to be collected by the Contractor.
During the Agreement, the entire City will be receiving manual Residential Solid Waste
Collection service. The City Manager or designee, whose decision shall be final, shall
resolve any disputes regarding level of service to be provided by the Contractor.
Trash and Bulk Trash shall also be collected at the curb. In the event Bulk Trash contains
Chlorofluorocarbons (CFCs), the Contractor shall collect the Bulk Trash items separately,
in a non-compacting vehicle, and deliver the item, with every attempt not to release the
CFCs into the atmosphere, to the Authority landfill or to a scrap dealer located in Palm
Beach or Martin County or as otherwise agreed to by the City in writing. Trash Waste is to
be placed in Garbage Receptacles or Cans to the extent practical with Residential Solid
Waste for collection. The total weight should not exceed fifty (50) pounds for a garbage
can. Residents shall not
commingle Trash or Bulk Trash Waste with Vegetative Waste. The Contractor my collect
commingled material and shall assuine responsibility for disposal at a designated facility
and notify the Contract Administrator accordingly. Cardboard from move-ins shall be
collected as Bulk Trash on the scheduled vegetation collection day.
There shall be no weight limit for any Bulk Trash item.
B. Curbside Residential Vegetative Waste Collection Services: The City or its designee shall be
responsible for the billing and collection of payments from curbside residential customers for this
service. This service is provided to dwellings wherein properly prepared Vegetative Waste is
placed within six (6) feet of the curb or roadway for collection by the Contractor. There are no
exceptions to the curb or roadside location for collection of Vegetative Waste. Vegetative Waste
collection service shall only be provided in front of the residential unit. The Contractor shall
collect Vegetative Waste from swales and rights-of-way in front of vacant lots in established
neighborhoods; however, such waste shall not include any lot clearing waste.
1. Conditions and Frequency of Service: Curbside Residential Vegetative Waste shall be
collected once each week from all curbside customers. The scheduled day of collection of
Vegetative Waste shall be on a scheduled day of Curbside Residential Solid Waste
Collection each week. Should the scheduled day of Curbside Vegetative Waste Collection
fall on a holiday, collection shall occur on the next scheduled Curbside Residential
Vegetative Waste Collection day. Grass clippings, hedge trimmings, pine needles, palm
seeds, and any other small items, including items that can be cut or broken into smaller
pieces, shall be placed into a garbage can or plastic bags for collection. Large items that
cannot be cut or broken and placed in garbage cans or bags, such as multiple palm fronds
and tree limbs are to be piled up by the curb for collection. The Contractor shall collect
Vegetative Waste properly sized and piled within six (6) feet of the road on the scheduled
collection day unless the pile is tagged for special collection next day. Except for palm
fronds, no single item shall be longer than six (6) feet in length nor weigh more than fifty
(50) pounds. Limbs having a diameter greater than ten (10) inches will not be collected
pursuant to this Agreement. In the event a residential customer has large quantities of
Vegetative Waste for collection on hisher Vegetative Waste service day, the Contractor
may either collect all of the Vegetative Waste or tag the pile for collection on the following
day, at which time the Contractor shall collect all of the Vegetative Waste. Residential
Vegetative Waste shall be placed in one location in front of residential property for
collection. Multiple locations constitute additional or special services, as hrther discussed
in Section H of the Agreement. There shall be and is no limit on the number of containers
to be collected per Residential Curbside customer, nor is there a limit on the quantity of
Vegetative Waste to be collected weekly, provided size limitations are met.
12
C. Curbside Residential Recycling Collection Service: The Contractor shall provide Curbside
Residential Recycling Collection Services in the Service Area as provided for within this
Agreement. The City or its designee shall be responsible for the billing and collection of
payments from Curbside Residential customers for these services. Curbside Residential Recycling
Collection Service shall be governed by the following terms and conditions:
1. Conditions and Frequency of Service: The Contractor shall provide Curbside Residential
Recycling Services to all Dwelling Units receiving Curbside Residential Solid Waste
Collection Service located in the Service Area and to other such Dwelling Units as
determined appropriate by the Contract Administrator. This service shall be provided once
every week, unless otherwise specified by the City, on a Scheduled Route basis, which shall
coincide with one of the two regularly scheduled solid waste collection pick-up days
weekly. All Recyclable Materials to be collected shall be in a Recycling Container, with
the exception of cardboard and / or paper bags, and shall be placed within six (6) feet of the
curb, roadway, closest accessible public right-of-way, or such locations agreed to by the
Contractor that will provide safe and efficient accessibility to the Contractor’s collection
crew and vehicle. No Recycle Containers shall be placed next to a mailbox, utility box, or
fire hydrant for collection. The Contractor must collect as many Recycling Containers,
bags, bundles, or flattened cardboard as the customer sets out. Cardboard shall be collected
if flattened and placed next to, on, under, or inside of the Recycling Container. Non-
Recyclable materials placed in Recycling Containers for collection are to be leA in the
Container by the Contractor collection crew and tagged with the Contractor’s tag clearly
explaining why the material was not collected.
2. Recycling Containers: The City shall order from the Solid Waste Authority and the
Contractor shall ensure pick up, storage, and distribution of Recycling Containers to each
unit that is to receive Curbside Recycling Collection Service within the Service Area. All
Recycling Containers are the property of the City. However, customers may use their own
additional Recycling Containers or paper bags as long as they are similar and suitable for
the Service.
D. Container Residential Solid Waste Collection Services: The Contractor shall provide Container
Residential Solid Waste Collection Service to all Dwelling Units in the Service Area that is
suitable to receive such service and request such service. Normal Container Residential Solid
Waste Collection Service, not including Bulk Trash collection, shall be twice per week. The
Contractor and the residential complex, in accordance with this Agreement, shall determine the
sue and location of the Container and frequency of collection. In case of an unresolved dispute,
the Contract Administrator shall resolve such issue. The Contractor shall invoice the appropriate
containerized unit collection rate, in accordance with Exhibit 1, to these accounts monthly. Any
service requested by the residential complex above twice per week for Container Residential Solid
Waste Collection and once per week for Bulk Trash collection, shall also be invoiced directly by
the Contractor in accordance with the commercial solid waste collection rates in Exhibit I. The
Contractor shall be responsible for the billing and collection of payments from Container
Residential customers for this collection service. The frequency of collection of Bulk Trash
outside the Container shall be no less than once per week unless otherwise agreed to by the
customer and approved by the Contract Administrator. In the event Bulk Trash contains
Chlorofluorocarbons (CFCs), the Contractor shall collect the Bulk Trash items separately, in a
non-compacting vehicle. and deliver the item, with every attempt not to release the CFCs into the
atmosphere, to the Authority landfill or to a scrap dealer located in Palm Beach or Martin County.
There shall be no weight limit for any Bulk Trash item.
1. Conditions and Frequency of Service: A minimum of twice per week service is required
of all container residential customers. Such service shall be provided by Container as
defined herein. The size of the Container and the frequency (above the minimum) of
collection shall be determined between the customer and the Contractor. However, size and
frequency shall be sufficient to provide that no Residential Solid Waste need be placed
13
E.
outside the Container. Storage capacity shall be suitable for the amount of waste generated
by the customer. The Contractor shall provide Containers as necessary; however,
customers may own their Container provided that the customer is completely responsible
for its proper maintenance and replacement. Such Containers shall be of a type that can be
serviced by the Contractor’s equipment. All Residential Solid Waste shall be placed in a
Container. Vegetative Waste collection is not included in this service. Containers shall be
placed in an accessible location or at such other single collection point as may be agreed
upon between the Contractor and the customer. All Containers or Compactors shall be kept
in a safe, accessible location agreed upon between the Contractor and the customer. Any
Container or Compactor damaged by the Contractor shall be repaired or replaced by the
Contractor within five (5) business days. All Containers and Compactors provided by the
Contractor shall be in good condition, painted, and neatly labeled with the Contractors
name, phone number, and cubic yard size of the Container.
Container Residential Recycling Collection Service will be governed by the following Terms
and Conditions:
1. Conditions and Frequency of Service: The Contractor shall provide this service to
Dwelling Units as are designated by the City and are located in the Service Area and
invoice each account monthly. This service shall be provided at least once every week on a
scheduled- route basis as set out below. If the customer requires additional collections per
week, the customer will be invoiced by the Contractor in accordance with the rates listed in
Exhibit I of the Agreement. All Recyclable Materials, with the exception of cardboard, are
to be collected in a universal type Recycling Container or Container provided by the
Contractor designated for Recyclable Materials which shall be in such location and
collected on a schedule as mutually agreed to by the owner or governing association (of the
multiple family residential complex or development being serviced) and by the Contractor
that will provide safe and efficient accessibility to the Contractor’s collection crew and
vehicle. Cardboard shall be collected if placed next to, on, or inside of the Recycling
Container or Containers. If there is a large amount of cardboard placed outside of the
Container, often an alternate, larger Container shall be provided, upon agreement by the
customer and the Contractor. In the event an appropriate location cannot be agreed upon,
the Contract Administrator shall mediate the dispute and designate the location for pick-up.
F. Commercial Solid Waste Collection Service: The Contractor shall collect and dispose of all
Commercial Solid Waste in the Service Area, except Special Waste. Such Commercial Collection
Service shall be governed by the following terms:
1. Conditions and Frequency of Service: A minimum of once per week service, or as
otherwise provided by law, is required of all customers. Such service shall be provided by
Container as defined herein. However, where a customer generates less than one (1) cubic
yard of waste per week, alternate Universal Containers may be utilized. Commercial
Customers utilizing a Universal Container provided by the Contractor shall be charged one-
half the per-cubic-yard collection rate as established in Exhibit I and one-half the per-cubic-
yard rate for disposal for each Container. The size of the Container and the frequency of
collection shall be determined between the customer and the Contractor. However, size and
frequency shall be sufficient to provide that no Commercial Solid Waste need be placed
outside the Container. Storage capacity shall be suitable for the amount of waste generated
by the customer. The Contractor shall provide Containers as necessary; however,
customers may own their Container provided that the customer is completely responsible
for its proper maintenance and replacement. Such Containers shall be of a type that can be
serviced by the Contractor’s equipment. All Commercial Solid Waste shall be placed in a
Universal Container, Container, or Compactor. Vegetative Waste shall not be commingled
with Garbage. When Vegetative Waste is placed in a Container (not loose or in a Roll-off
or a Compactor), the Contractor may charge 1.5 times the commercial collection rate as set
out in Exhibit I. Where Universal Containers are used, they shall be placed at an accessible
14
location or at such other single collection point as may be agreed upon between the
Contractor and the customer. All Containers or Compactors shall be kept in a safe,
accessible location agreed upon between the Contractor and the customer. Any Universal
Container, Container, or Compactor damaged by the Contractor shall be repaired or
replaced by the Contractor within five (5) business days. Compactors may be obtained by
customers from any source, provided that such Compactor must be of a type that can be
serviced by the Contractor’s equipment, and the customer shall be completely responsible
for its proper maintenance and replacement. Compactor frequency of collection shall be
sufficient to contain the waste without spillage. All Containers and Compactors provided
by the Contractor shall be in good condition, painted and neatly labeled with the
Contractor’s name, phone number, and size of Container in cubic yards, placed on the front
of the Container and side of Compactors.
2. Level Type and Disclosure of Kates for Commercial Solid Waste Collection and Other
Services:
a. Commercial Solid Waste Collection Service: The Contractor shall only charge
rates as set out in Exhibit I or as otherwise allowed by this Agreement. A written
agreement between the Contractor and the customer shall be required and entered
into regarding the level and type of service to be provided and manner of collection
of fees. The Contractor may not bill the customer more than thirty (30) days in
advance unless otherwise requested by the customer. The terms and conditions of
such agreement shall be in compliance with all provisions of this Agreement, and the
term shall not extend beyond the initial term of this Agreement as stated in Section 1.
The customer shall subscribe to a level of service sufficient to meet the needs of the
customer in a sanitary and efficient manner. However, upon failure of the parties to
reach such an agreement, the Contract Administrator or designee shall establish the
level and type of service to be provided, including the location, size of the Container,
number of pick-ups per week, and the “TOTAL RATE” to be charged within the
approved rate limits contained in Exhibit I. The Contractor will be responsible for
the billing and collection of Commercial Solid Waste Collection Services, disposal-
tipping fees, special fees, and Container maintenance charges, except as otherwise
provided in this Agreement.
b. Disclosure: The Contractor shall provide the customer an annual disclosure
statement in October of each year of the term of this Agreement, including the
following language:
REGULATION BY THE CITY OF PALM BEACH GARDENS
The terms and conditions of this Commercial Solid Waste and Recycling Collection Service Agreement are
regulated by an exclusive Agreement granted by the City of Palm Beach Gardens. Should the customer have any
questions relating to the terms and conditions of this Agreement, the customer may call the Contract Administrator
at (561) 775-8274.
COMMERCIAL COLLECTION CONTAINERS
The commercial collection Container shall be of a type that can be serviced by the Contractor’s collection
equipment. The customer may either purchase the commercial collection Container from any source or request such
Container from the Contractor at the maintenance rate as approved by the City, provided that such Container can be
serviced by the Contractor’s collection equipment. If the customer chooses to use a Compactor, the customer may
rent, lease, or own the Compactor from any source. provided that the Compactor can be serviced by the Contractor’s
collection equipment. Commercial collection Containers and Compactors shall be maintained in a serviceable, safe,
and sanitary condition by the owner of the Container or Compactor. However, damage caused by the Contractor to
a customer-owned Container or Compactor shall be repaired at the cost of the Contractor.
15
SPECIAL SERVICES
If the customer requests, the Contractor is required to provide special services for collection of solid waste,
such as rolling Containers out of storage areas, opening doors or gates for access, or other such special services.
However, such special services may be provided by the customer, through its own or other personnel. If the
Contractor provides special services, such charge must be separately stated under the “RATES FOR SERVICES’
disclosure statement. The City of Palm Beach Gardens fixes the maximum for these special service rates. A copy
of these rates can be obtained from the Contractor or Contract Administrator.
RATES FOR SERVICE
April 1, (year) - March 30, (year)
Name of Contractor Name and Address of Customer
The total RATES for this Commercial Solid Waste and Recycling Collection
Service are as follows:
Total Monthly Cost:
*There is no charge for the disposal of Recyclable Materials for processing.
THESE SERVICES ARE PROVIDED UNDER A FRANCHISE AGREEMENT REGULATED
BY THE CITY OF PALM BEACH GARDENS. SHOULD YOU HAVE ANY QUESTIONS
RELATING TO THESE RATES, PLEASE CALL THE CITY OF PALM BEACH GARDENS
AT (561)775-8274.
The “RATES FOR SERVICES statement shall incorporate or have attached a rate schedule which
specifies the Collection Rate based on the size of the Container and the frequency of service: TYPE indicating
whether the Container is for Solid Waste or Recycling; DISPOSAL based on a cost per cubic yard; CONTAINER
MAINTENANCE expressed in a monthly flat rate based on the size of the Container; and the cost per month for
each SPECIAL SERVICE REQUIRED BY THE CUSTOMER. The notification shall specify the size of the
Container and the frequency of collection of each Container for each business, distinguishing between solid waste
and recycling collection service. The notification shall specify the address where the business is located. The
notification shall itemize each cost individually. A sample notification shall be approved by the Contract
Administrator or his designee before distribution to the customer. Each disclosure statement to be provided annually
to the customer by the Contractor will also be prepared in duplicate, with a copy being provided to the City.
16
G. Commercial Recycling Collection Service: The Contractor shall provide Commercial Recycling
Collection Services on behalf of the City for any business in the Service Area where the City has
arranged, negotiated, or contracted for such service, and Contractor shall have the right to solicit
Commercial Recycling Collection Service agreements with any business in the Service Area upon
terms and conditions consistent with this Agreement. However, this service is not exclusive to the
Contractor.
1. Conditions and Frequency of Service: The Contractor shall provide Commercial Recycling
Collection Services to all business or commercial entities located in the Service Area resulting
from its own solicitation, by request of the customer, or where a contract meeting the terms
and conditions of the Agreement is arranged by the Contract Administrator or designee. The
size and frequency of service of the Container designated for Recyclable Materials shall be
determined and agreed to by the customer and the Contractor. However, size and frequency
shall be sufficient to provide that no Recyclable Materials need be placed outside the
Container. Storage capacity shall be suitable for the amount of recyclable materials generated
by the customer. The Contractor shall provide Bulk Containers as necessary; however,
customers may own their Container provided that the customer is completely responsible for
its proper maintenance and replacement. Such Containers shall be of a type that can be
serviced by the Contractor’s equipment. Compactors may be obtained by customers from any
source, provided that such Compactor must be of a type that can be serviced by the
Contractor’s equipment, and the customer shall be completely responsible for its proper
maintenance and replacement. Compactor frequency of collection shall be sufficient to
handle the waste generated. All Commercial Recyclable Materials shall be placed in a
Container, Compactor, or other acceptable Recycling Container. All Bulk Containers and
Compactors provided by the Contractor shall be in good condition, painted and neatly labeled
with the Contractor’s name, phone number, and sue of Container in cubic yards.
Recyclable Material shall not be commingled with other solid waste. Where Recycling
Containers or Universal Containers are used, they shall be placed at an accessible location or
at such other single collection point as may be agreed upon between the Contractor and the
customer. All containers shall be kept in a safe, accessible location agreed upon between the
Contractor and the customer. Any Container or Recycling Container damaged by the
Contractor shall be repaired or replaced by the Contractor within five (5) days.
2. Level, Type, and Disclosure of Rates for Commercial Recycling Collection and Other
Services: A written agreement between the Contractor and the customer shall be entered into
regarding the level and type of service to be provided and manner of collection of fees. The
terms and conditions of such agreement shall be in compliance with all provisions of this
Agreement, and the term shall not extend beyond the term of this Agreement as stated in
Section 1. The customer shall subscribe to a level of service sufficient to meet the needs of
the customer in a sanitary and efficient manner. However, upon failure of the parties to reach
such an agreement, the Contract Administrator or designee, at the election of the customer,
and Contractor may establish the level and type of service to be provided, including the
location, size of the Container, and number of pick-ups per week and the “TOTAL RATE” to
be charged within the approved rate limits contained in Exhibit I. The Contractor will be
responsible for the billing and collection of payment for Commercial Recycling Collection
charges, except as otherwise provided in this Agreement. In the event the customer cancels
a contract with the Contractor for Commercial Recycling Collection Services, the Contractor
is not obligated to provide Commercial Recycling Collections at the rates set forth in Exhibit
I. Upon cancellation, the Contractor shall provide a written explanation to the City for the
cancellation. The Contractor shall allow the customer three (3) days to rescind the
cancellation after the written notification is provided. To the extent that a customer who
canceled Commercial Recycling Collection Services subsequently requests such service, the
Contractor may negotiate a separate rate with the customer for such service.
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3. Ownership: Notwithstanding any other provision of this Agreement, a commercial generator
of Recyclable Materials retains ownership of those materials until he/she/ or it donates or
sells, or contracts for the donation or sale of those materials to another person or entity.
Nothing in this Agreement shall prevent a person or entity engaged in the business of
recycling, whether for profit or nonprofit, from accepting and transporting Recyclable
Materials, under contract with a commercial generator, from such commercial generator when
such Recyclable Materials have been purchased from or donated by the commercial generator
and no charge is made to or paid by the commercial generator for the loading, collection,
transporting, or removal of such Recyclable Materials. Provided however, that the transporter
must report such information to the City as may be necessary for the documentation of state-
mandated recycling or reduction goals.
H. Accessibility: Placement of garbage cans, bags, or Universal Containers and bulky (large
quantities) Vegetative Waste for collection will provide for safe and efficient access to the
Contractor's crew and vehicle, avoiding utility lines and boxes, mailboxes, fences, and
overhanging trees.
1. Curbside Residential Solid Waste, Vegetative Waste, and Recycling to be collected curbside
must be placed within six (6) feet of the curb, paved surface of the public road, closest
accessible public right-of-way, or such other location agreed to by the Contractor. In the
event there is insufficient space between the curb and sidewalk for placement of Universal
Containers or Vegetative Waste, alternatively they will be collected within two (2) feet of the
sidewalk. For purposes of this Agreement, public road or public right-of-way means a road
owned and maintained by the County, State, or City, or a road on private property for which
an easement or right-of-entry agreement has been granted to the public, and such road is
constructed and maintained to a standard whereby access is available by the Contractor's
collection vehicle. Curbside Residential Solid Waste, Vegetative Waste, and Recycling will
be collected at only one location on a residential property. Additional stops for collection, as
on two sides of a corner lot, are considered a special service requiring an additional rate to be
negotiated with the Contractor. All disputes herein shall be resolved by the Contract
Administrator, which shall be binding upon the parties.
2. Container Residential Solid Waste and Recycling Containers will be kept in a location agreed
upon by the customer and the Contractor, and such location shall provide safe and efficient
access to the Contractor crew and vehicle. Cardboard shall be collected if placed next to, on,
or inside the Recycling Container. If there is frequently a large amount, an alternate, larger
container shall be provided upon agreement by the customer and Contractor. In the event an
appropriate location cannot be agreed upon, the Contract Administrator shall mediate the
dispute and designate the location for collection.
3. Commercial Solid Waste and Recycling Container shall be kept in a safe, accessible location
agreed upon between the customer and the Contractor.
I. Method of Payment: The City or its designee will be responsible for the billing and collection of
payments for Curbside Residential Solid Waste, Curbside Residential Vegetative Waste, and
Curbside Residential Recycling Collection Services. Payments from the City to the Contractor
will be done and paid no later than the tenth (10"') day of the month following service. The
collection service rate per unit per month shall be as set out in Exhibit 1, which may be modified
from time to time but not more frequently than annually, pursuant to the provisions for an
Extraordinary Rate Adjustment as provided herein or as otherwise agreed to by the City. The
Contractor shall be responsible for billing and collection of payments for Container Residential
Solid Waste and Recycling Collection Services as well as Commercial Solid Waste and Recycling
Collection Service, not to exceed the rates as set out in Exhibit I. The rates set out in Exhibit I
shall be adjusted only as necessary in subsequent years pursuant to the provisions for an
Extraordinary Rate Adjustment, as provided herein, or as otherwise agreed to by the City. The
Contractor may be asked to bill the City or the customer for all or a part of the Containers used
by the customer for Commercial Recycling Collection Service, at the rate set out in Exhibit I,
as determined by the Contract Administrator.
J. Method of Collection: The Contractor shall provide enclosed packer loader-bodied vehicles
equipped for manual collection of Curbside Residential Solid Waste and Vegetative Waste. The
Contractor shall use collection equipment no older than seven (7) years at any time during the term
of this Contract. Bulk Trash and large quantities of Vegetative Waste that cannot be containerized
shall be collected by means of manual rear load packer vehicles or open box vehicles equipped
with grapples for loading the waste into the vehicle container. Compartmented bodied vehicles
equipped for manual and semi-automated loading and lifting shall collect curbside and Container
Residential Recycling. Two (2) compartments are required to collect and transport two (2) streams
of recyclables; containers such as glass bottles and jars, plastic bottles and aluminum cans; and
fiber such as newsprint, magazines, catalogues and properly-sized cardboard. Items to be collected
as part of the Solid Waste Authority recycling program may be adjusted from time to time during
the term of this Agreement.
Commercial and Container Residential Solid Waste shall be collected by enclosed loader packer
bodied vehicles or by roll-off type vehicles servicing stationary compactors or open top container.
All collection equipment shall be equipped and operated in such a manner as to avoid, at all times,
spilling, dropping, or blowing contents out of the vehicle or hopper onto public or private property
to include all roads, streets, highways, and right-of-ways.
Recycling Containers shall be ordered by the City from the Solid Waste Authority and distributed
by the Contractor. The City will order Recycling Containers for distribution by the Contractor
according to requests made through the City customer service office. Pick up, inventory and
distribution of Recycling Containers shall be the responsibility of the Contractor.
K. Hours of Collection: Collection Services shall not be provided in the Service Area except
between the hours of 7:OO a.m. and 6:30 p.m., Monday through Saturday. The Contract
Administrator shall resolve collection schedule disputes between the customer and Contractor.
The Contract Administrator may restrict the hours of service to non-residential customers if in
hisher judgment disturbance complaints warrant such action. Hours of collection may be
extended or temporarily stopped due to extraordinary circumstances or conditions with the prior
consent of the Contract Administrator.
L. Routes and Schedules: The Contractor shall provide and keep current with the Contract
Administrator or designee, in a format acceptable to the Contract Administrator, an up-to-date
route schedule map for all Residential and Commercial Collection Service routes and schedules.
The Contractor shall immediately notify the Contract Administrator in writing of any proposed
change in any route schedule three (3) weeks prior to the proposed change for review and approval
by the Contract Administrator. In the event of a permanent change in the routes or schedules that
will alter the pick-up day, the Contractor shall immediately notify the affected customer in writing
or other method approved by the Contract Administrator, not less than two (2) weeks prior to the
change, at no cost to the City and the customer. Notification to the customer includes any day
changes prior to the beginning of this Agreement. Notification to Curbside customers shall be
done twice - once two (2) weeks prior to the change and once one (1) week prior to the change.
The City reserves the right to deny the Contractor’s vehicles access to certain streets, alleys, and
public ways inside the City enroute to the disposal site where it is in the interest of the general
public to do so because of the condition of the streets or bridges. The Contractor shall not
interrupt the regular schedule or quality of service because of street closures of less than eight (8)
hours in duration. The City shall notify the Contractor of street closures of longer duration and
arrangements for service will be made in a manner satisfactory to Contractor and the City.
The Contractor understands and agrees to the fact that at times during the year the quantity of solid
waste to be disposed may be increased by the influx of visitors. This additional load will not be
justification for the Contractor to fail to maintain the required collection schedules and routes.
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M. Recycling Containers for Residential Dwelling Units:
1. The City shall order and the Contractor shall pick up anb distribute to each residence(s) within
the City a minimum of two (2) containers for Recyclable Materials to be collected. All
Recycling Containers are the property of the City. Any Containers distributed prior to the
commencement of this Agreement provided by the Contractor shall also become the property
of the City on the date of commencement of this Agreement. The Contractor shall maintain
an adequate supply of Containers to provide for new residents and replacements for existing
residents.
2. The Contractor will repair or replace at its expense any Container or Recycling Container
damaged through the fault or negligence of the Contractor or its employees. The Contractor
shall deliver replacement Containers or Recycling Containers within forty (48) hours of a
request.
3. The Contractor shall promptly deliver replacement Recycling Containers, or Containers
damaged by its employees, or when notified by the Contract Administrator or designee, or the
occupant of a Dwelling Unit where a Recycling Container or Container is damaged or
missing, and shall report monthly all such replacements to the City. The Contractor shall also
promptly deliver Recycling Containers, or Containers as requested by the City on behalf of
the residential customers for the purpose of excess Recyclable Materials or for new residential
customers within five (5) business days of the request by the customer or the City.
N. Material Recycling Facility: The Contractor shall deliver all Recyclable Materials collected
from the Service Area to the Solid Waste Authority Materials Recycling Facility (MRF) or facility
designated, in writing, by the Contract Administrator.
0. Change in Scope of Recycling Collection Service: From time to time, at the sole option of the
City, it may be necessary to modify the scope of Recyclable Materials or the method of collecting
recyclables that will be included in the Recycling Collection Service. Should this occur, the City
and the Contractor agree to enter into good faith negotiations to amend this Agreement to reflect
the impact of any such modification.
5. CHARGES, RATES, AND LEVEL OF SERVICES:
A. Solid Waste and Recycling Collection Rates: Charges for all Collection services performed by the
Contractor pursuant to this Agreement shall be based on the rates established in Exhibit 1, and as may
be subsequently adjusted pursuant to the provisions for Extraordinary Rate Adjustment and
Extraordinary Rate Adjustment - Fuel, as provided herein in this Agreement or as otherwise agreed to
by the City. The Contractor shall supply the City with such information as determined to be necessary
to make the calculations to determine the rate adjustment in accordance with the Agreement. No
change in rates, as provided by this Agreement, shall be made without the approval of the City
Council. Extraordinary Rate Adjustments and CPI adjustments shall be effective on the following
anniversary date of the Contract and Extraordinary Rate Adjustments - Fuel shall be effective the
following quarter, unless otherwise mutually determined by the City and the Contractor.
An income and expense statement stating gross revenues paid to the Contractor and expenses for the
collection and recycling services and the cost of operations provided under this Agreement, as well as
disposal fees paid to the Authority, shall be prepared by the Contractor in accordance with genewlly-
accepted accounting principles for each month during the term of this Agreement. The quarterly
statement shall be submitted forty-five (45) days after the reported month and shall be in a format
similar to that as set out in Exhibit V, attached hereto and by this reference incorporated herein, as
may be fiuther revised by the Contract Administrator from time to time. The quarterly franchise fee
payment shall accompany this report.
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Within one hundred twenty (120) days after the end of the Contractor's fiscal year, the Contractor shall
deliver to the City, in a format as shown in Exhibit 111, attached hereto and by this reference
incorporated herein, as may be further revised by the Contract Administrator From time to time, an
Audited Financial Statement including, at a nunimum, a Balance Sheet and an Income Statement
representing the financial position and the Results of Operations, respectively, of the Contractor for
the Service Area. The report must include the opinion of a Florida Certified Public Accountant, who
has conducted an audit of the Contractor's books and records in accordance with generally-accepted
auditing and accounting principles and standards, which include tests and other procedures necessary,
that the Financial Statements are fairly presented, in all material respects, in conformity with
general1 y-accepted accounting principles.
B. City's Obligation, Payments:
1. The City will be responsible for payments for those units included in the City's mandatory
Curbside Residential Solid Waste and Vegetative Waste Collection Services and the Curbside
Residential Recycling Collection Services programs. The City shall make monthly payments in
arrears to the Contractor for curbside residential collection pursuant to hs Agreement. The
Contractor shall be entitled to payment for the collection services specified here irrespective of
whether or not the City collects from customers for such services. Payments From the City to the
Contractor will be due and paid no later than the tenth (IO") day of the month following the
month during which services were rendered.
On or before April I, and before commencement of work by the Contractor under the terms of
hs Agreement, the City or designee shall provide to the Contractor the estimated total number of
units to be serviced including container residential units. By November 1 of each Fiscal Year, the
City or its designee shall provide to the Contractor a copy of the annual tax roll providing a listing
of all the units to receive these services. Thereafter and for the duration of this Agreement, the
City or designee shall notify the Contractor monthly of new residential units to be served and/or
deleted, and payments will be adjusted accordingly. New Dwelling Units, which are added for
collection service during the City's Fiscal Year, will be added to the customer service list, and
payment for said services will be paid by the City to the Contractor in the Contractor's monthly
payment. Payment will commence the first day of the month following the issuance of a
certificate of occupancy ("CO'). The payments from the City to the Contractor for units added
by CO are paid no later than the tenth (IO") day of the month. After the first year of the
Agreement, the Dwelling Unit becomes part of the total number of the subsequent year's total
number of units, provided annually to the Contractor on or before October 1. Reconciliation will
occur every year in January based solely on units listed in the tax roll plus units issued COS since
January of the previous year. The Contractor is responsible for the billing and collection for
collection services provided to container residential customers.
2. In the event the Contractor provides service to Dwelling Units whose parcels were not included
on the annual tax roll provided by the City, the Contractor must provide a written list of such
Dwelling Units and the length of time for which service was provided to the Contract
Administrator within ninety (90) days of receipt of the tax roll or monthly notice of new
occupancy is received. Upon receipt of such written list by the City, the Contract Administrator
will verify the customer address and that service to the unit is proper within thirty (30) days, and
if proper, shall remit monthly payments to the Contractor for such service effective as of October
1 of that Fiscal Year or the date service began, whichever is earlier, but for no period more than
ninety (90) days in arrears. If the City has not received notification within ninety (90) days by the
Contractor, no adjustments to payment will be made until the next Fiscal Year annual roll is
certified for the same units. However, the City reserves the right to correct any errors of omission
or commission per the laws and rules that govern the City. In the event the City pays the
Contractor for a residential unit in error for whatever reason, the Contractor shall notify the
Contract Administrator. Upon determination of any overpayment, the Contract Administrator
will verify the error and make appropriate adjustment to the Contractor's payment to correct the
error.
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C. Solid Waste Disposal Costs: Collection service costs and solid waste disposal costs shall be treated
separately for the Residential Solid Waste Collection Services being provided pursuant to this
Agreement. The Contractor's payments for collection are set out in Exiubit I as adjusted annually.
Residential and commercial solid waste disposal costs shall be separated from Residential and
Commercial Collection Service costs as shown in Exhibit I. Residential disposal costs will be part of
the special assessment billed by the Solid Waste Authority of Palm Beach County (Authority) except
as otherwise provided in thls Agreement. The Contractor will be given a disposal credit for each
residential unit as calculated by the Authority annually as shown in Exhibit I. The non-assessed
portion of the commercial disposal costs will be part of the service charge billed by the Contractor.
The Contractor shall pay the Authority for all solid waste disposal costs incurred for disposing of all
solid waste at the Authority's Disposal Facilities, except for the portion of disposal costs, which have
been separately credited by the City. The City accepts no responsibility or financial liability for
quantities of Residential Solid or Vegetative Waste required to be collected pursuant to the terms and
conditions of this Agreement.
The City will pay the Contractor, on a quarterly basis pro-rated, fees for new residential units issued a
CO. Pro-rated disposal fee calculations shall be paid by the City to the Contractor for non-assessed
residential unit disposal fees in accordance with the provisions in Exhibit VI, attached hereto and by
this reference incorporated herein.
D. Extraordinary Rate Adjustment (ERA): The Contractor may petition the City no more than once a
year as provided for below for an additional rate adjustment on the basis of extraordinary and unusual
changes in the cost of operations, excluding hel, which could not reasonably be foreseen by a prudent
operator. The Contractor's request shall contain substantial proof and justification, as determined by
the City, to support the need for the rate adjustment. The City may request from the Contractor, and
the Contractor shall provide, such Mer information as may be reasonably necessary in makmg its
determination. The Contractor shall submit for an extraordinary rate adjustment within twelve (12)
months of the event(s) necessitating the adjustment, but not before January 3 1 or later than March 3 1
of any calendar year. The City shall approve or deny the request, in whole or in part, withm sixty (60)
days of receipt of the request and all other additional information required by the City. The Contractor
shall supply the City with such information as may be necessary to make the calculations to determine
the rate adjustment in accordance with the Agreement. No change in rates, as provided by this
Agreement, shall be made without the approval of the City Council. Rate adjustments shall be
effective the following October I, unless otherwise mutually agreed by the City and the Contractor.
No adjustment may be requested nor will one be granted during the last year of the Agreement. The
City shall make the sole determination of such extraordinary rate adjustment or compensation as
contemplated herein. The Contractor's base costs for the ninety (90) days preceding the Agreement
start date for any items included in an Extraordinary Rate Adjustment must be submitted as part of a
request for adjustment.
E. Extraordinary Rate Adjustment - Fuel (ERA-Fuel): The Contractor may petition the City for an
additional rate adjustment on the basis of extraordinary and unusual changes in the cost of fuel, which
could not reasonably be foreseen by a prudent operator. Contractor shall submit, to the City Finance
Administrator, a fuel supply agreement for diesel and gasoline in addition to a purchase invoice
showing actual price per gallon within thirty (30) days of the start of collection services. Quarterly
thereafter during the term of the agreement the Contractor may submit to the City Finance
Administrator a fuel surcharge invoice or credit for fuel purchases for the past quarter to support a
request for a rate adjustment on the basis of fuel costs. Such invoices must be presented in
spreadsheet format showing dates of purchase, gallons purchased, unit prices of each purchase,
total route gallons used and route miles driven and total change in base cost of fuel (increase or
decrease) during the period. A copy of any change in fuel purchase agreement, copies of all paid
receipts for fuel purchases shall also be included. Base cost is the first fuel receipt submitted at
start-up.
22
The City will review the request and supporting documentation. Additional information may be
requested by the City to further support the request. Within thirty days the City will notify the
Contractor of the amount of payment to be made to the Contractor, credit due the City from the
contractor or no change from the previous quarter thus no payment due from either party. The
City shall make the sole determination of such extraordinary rate adjustment or compensation as
contemplated herein
F. Annual Rate Adjustment: On a yearly basis and commencing on April I, 2007, and every year
thereafter that this Agreement is in effect and subject to the limitations provided above, the Contractor
shall receive a standard rate adjustment for all collections made hereunder, as set forth in Exhibit I of
this Agreement, except for Construction and Demolition Debris which is subject to a separate annual
Roll-off Collection Permit.
G. Contract Service Fee: To compensate the City for the cost of abstration, supervision, and
inspection rendered for the effective performance of this Agreement, as well as other costs related to
Collection, the Contractor shall pay to the City a fee of five percent (5%) of all gross revenues billed
arising out of any services or operations conducted in the Service Area. Solid waste disposal costs
paid by the Contractor to the Authority under this Agreement shall be deducted from the gross
revenue total prior to applying the 5% for calculation of the Contract Service fee due to the City.
Contract Service fees for each calendar quarter shall be payable within forty-five (45) days following
the last day of such calendar quarter. A late charge of one and one-half percent (1.5%) of the monies
due for the Contract Service fee shall be calculated monthly until payment is received.
6. HOLIDAYS: The Contractor shall not be required to collect Commercial Solid Waste, Commercial Recycling,
Residential Solid Waste, Vegetative Waste, and Residential Recyclable Material or maintain ofice hours on
Thanksgiving Day and Christmas Day. Residential Solid Waste, Recyclable Material, and Vegetative Waste
not collected on Thanksgiving Day and Christmas Day shall be collected on the next scheduled service day.
The Contractor shall not be required to maintain office hours on Memorial Day, Labor Day, Independence Day,
New Year’s Day, Thanksgiving Day, and Christmas Day. However, on all holidays except Thanksgiving Day
and Christmas Day, the Contractor shall provide for operations personnel to accept calls from the City and the
Contractor’s customers.
7. SPECIAL SERVICES: Where the resident of a dwelling unit is physically unable to deliver Residential Solid
Waste, Vegetative Waste, or Residential Recycling to the curbside and is qualified as disabled by the Contract
Administrator an alternative location may be arranged between the customer and the Contractor at no extra cost
to the resident. The Contract Administrator shall resolve any dispute by designating the alternate location. If a
residential structure is located in such a manner as to provide non-accessibility to the Contractor’s crew or
vehicle, an alternate may be arranged between the customer and the Contractor at no cost to the resident. The
Contract Administrator will resolve any dispute.
Rates charged for Special Services may not exceed the Special Service Rate listed in Exhibit I. If the Resident
requests Special Services, such as back-door service (off-curb service), these services shall be billed directly to
the customer by the Contractor in accordance with Exhibit I; such charges shall then be established through
negotiations between the Contractor and the customer. In the event the customer and the Contractor cannot
reach an agreement on the cost, the Contract Administrator shall determine the cost. Any special service(s)
negotiated between the Contractor and a customer shall be in the form of a written agreement and signed by
both parties. The Contractor shall provide a copy of this agreement to the Contract Administrator within five
(5) days of the execution of the agreement.
8. PUBLIC AWARENESS PROGRAM: The Contractor shall assist the City with any Public Awareness
Program to inform residential and commercial customers of the requirements for the solid waste, vegetative
waste and recycling collection program which shall include, but not be limited to, brochures and other
materials approved by the City as well as by distributing door hangers, stickers, flyers, or other medium for
distribution to residential and commercial customers as requested by the City. The City and the Contractor will
share responsibility for the promotion of the recycling prograna. The City and the Contractor will cooperate in
the design of promotional events and educational programs and the preparation of the above referenced
23
promotional materials. However, the City's contribution shall be subject to budget, review, and approval by the
City. The Contractor will distribute written service information to the residential participants on a periodic
basis. The Contractor Mer agrees to conduct presentations for schools, civic groups, homeowners
associations, and other appropriate citizens groups. Contractor financial responsibility will be limited to
reimbursing the City for its commercial printing costs for printed informational materials regardmg the Solid
Waste and Recycling Collection Program.
The Commercial Recycling customer will also be notified, by the City through the Contractor, about special
commercial recycling events, workshops, educational forums and symposiums, and other activities, as
requested. City personnel may be available to assist the Contractor's marketing staff in expanding commercial
marketing service.
9. MANNER OF COLLECTION: The Contractor shall collect Residential Solid Waste, Vegetative Waste, and
Recyclable Materials and Commercial Solid Waste and Recycling with a minimum of noise and as little
disturbance as possible, and shall leave all containers at the same point it was collected and leave no container
in a location blocking vehicle access to a driveway or turnout. Any Garbage Can, Recycling Container, or
Container damaged by the Contractor will be repaired or replaced by the Contractor within forty-eight (48)
hours at no cost to the customer, unless otherwise provided within thls Agreement. The replacement must be
similar in style, material, quality, and capacity. Throwing of any Garbage Can or Recycling Container is
prohibited. The Contractor shall neatly replace all Containers and Garbage Cans to the point of collection.
Employees of the Contractor shall not be required to expose themselves to the danger of being bitten by vicious
dogs or similar animals in order to accomplish Curbside Residential Solid Waste, Vegetative Waste, and
Recycling Collection Service. In any case where the owner or tenants have such animals at large, the
Contractor shall immediately notify the Contract Administrator of such condition and of its inability to provide
service because of such conditions. Collection crews will inunediately clean up any spillage created in the
process of collecting Residential Solid Waste, Vegetative Waste, and Recyclable Material.
10. PERSONNEL OF THE CONTRACTOR:
A. The Contractor shall assign a qualified person or persons to be in charge of daily operations within the
Service Area and shall give the name(s) and ofice and cellular telephone numbers of the person(s) to
the Contract Adrmnistrator. Such person(s) shall be present in the City during the majority of
collection hours each collection day.
B.
C.
The Contractor's solid waste collection employees and workers shall wear a uniform or shirt bearing
the Contractor's name during operations in the City.
Each driver of a collection vehicle shall at all times carry a valid Florida driver's license for the type of
vehicle that is being driven.
D. The Contractor shall provide operating and safety training for all personnel, including temporary
workers, and documentation as proof of training.
E. The Contractor's employees and workers shall treat all customers in a polite and courteous manner.
F. The Contractor shall provide emergency contact numbers for all key personnel. In addition, the
Contractor shall supply at no cost to the City one radio compatible with the City's system with the
numbers of all contacts pre-programmed into the phone for City use.
11. SPILLAGE: The Contractor shall not litter or cause any spillage to occur upon the premises, roadway, or
the right-of-way wherein the collection shall occur. During hauling, all solid waste, vegetative waste, and
recyclable material shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented.
In the event of any spillage or leakage by the Contractor, for any reason or source, the Contractor shall
clean up all spillage and leakage at no cost to the City or the customer the same day of occurrence, unless
otherwise specified within this Agreement or some other period as approved by the Contract Administrator.
24
The Contractor shall include spill containment kits in each vehicle operating in the City. Additionally, the
Contractor will install and maintain, at its own expense, a lockable storage unit in a designated area of the
City Public Works yard containing sufficient quantities of spill containment absorbent material to
effectively contain and clean up the loss of fifty (50) gallons of fluid. Sufficient bags of gray Portland
cement and heavy duty brush brooms will also be stored to cover an area twenty-five (25) feet wide and
forty (40) feet long.
12. SOLID WASTE AND MATERIAL RECYCLING FACILITIES: All Residential Solid Waste,
Commercial Solid Waste, Vegetative Waste, and Recyclable Material shall be hauled to a designated
Facility. Facilities managed and operated by the Solid Waste Authority are periodically closed for
maintenance (an average of thirty (30) business days every four (4) years. In the event a Designated
Facility is closed, the Contractor shall take the Solid Waste, Vegetative Waste, and Recyclable Materials to
another Designated Facility at no charge to the City.
In the event that a load of Recyclable Materials delivered to a Designated Facility contains more than three
and one-half percent (3.5%) by weight of the total load, material which is not Recyclable Material, or that
there is more than 3.5% paper products within the other commingled Recyclable Material or visa versa, the
Authority or its designee has the right to reject the load and to charge the Contractor the full disposal fee
for each ton within the load. The Contractor may pass this cost through to a commercial customer in the
event that the Contractor can prove, to the satisfaction of the customer, that the custonier caused the
contamination. In the event of a dispute, the Contract Administrator will determine whether the Contractor
or the customer will absorb the disposal fee. It is the responsibility of the Contractor to notify the City of
any customer who has on more than three (3) occasions contaminated the Recyclable Materials. However,
the City shall not be responsible for payment of any penalties charged by the Authority for contaminated
loads.
13. COLLECTION EQUIPMENT: The Contractor shall provide, operate, and maintain manual packer
loader equipment for Residential Curbside Solid Waste Collection Service and have on hand at all times and
in good working order such equipment as shall permit the Contractor to adequately and efficiently perfomi the
contractual duties specified in hs Agreement, including one (1) reserve type collection truck for each type in
service. Upon execution of this Agreement and semi-annually thereafter, the Contractor shall provide, in a
format specified by the Contract Administrator, a list of the equipment to be used by the Contractor to provide
services relating to this Agreement. Residential Solid Waste collection equipment shall be of the enclosed
loader packer type, or other equipment that meets industry standards and is approved by the Contract
Administrator. All Equipment shall be kept in good repair, appearance, and in a sanitary, clean condition at all
times. Recycling Materials collection equipment shall be dual-compartnient equipment (one conlpartment for
paper products and one compartment for other Recyclable Material), separate hucks or other equipment that
meets industry standards and is approved by the Contract Administrator, and must be compatible for unloading
at the designated recycling facility or transfer station. Unless otherwise provided within this Agreement, in the
event a compacting vehicle is used for the collection of Recyclable Materials, compaction pressure may not
exceed fifty (50) pounds per square inch for the commingled non-paper Recyclable Materials to avoid glass
breakage. Equipment utilized for the collection of Recyclable Materials shall be clearly identified for that
purpose. The Contractor shall have available reserve equipment, which can be put into service within two (2)
hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the assigned
equipment used by the Contractor to perform the contractual duties. However, back-up equipment can be a rear
or front load packer with lifters. Equipment is to be painted uniformly with the name of the Contractor,
business telephone number and the number of the vehicle in retro-reflective letters not less than five (5) inches
high on each side of the vehicle. The rear of the vehicle shall contain signs warning the public of frequent stops.
All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No
advertising shall be permitted on vehicles, except of events sponsored by the City. All containers shall have the
container size listed in cubic yards displayed on the front of the container. No equipment used in this
Agreement shall be older than seven (7) years of age from date of manufacture. Equipment shall have rear
flashing strobe lights that must remain on while the vehicle is in collection mode.
25
14. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR BIOMEDICAL WASTE, AND
SLUDGE: The Contractor shall not be required to collect and dispose of Special Waste, Hazardous Waste,
Biohazardous or Biomedical Waste, or Sludge but may offer such service in the City. All such collection and
disposal for those types of waste in this Section are not replated or exclusive under this Agreement, but if
provided by the Contractor, shall be in strict conlpliance with all federal, state, and local laws and regulations.
15. OFFlCE AND EQUIPMENT YARD: The Contractor shall maintain an office withm Palm Beach or Martin
County where complaints shall be received. It shall be equipped with sufficient telephones, with no less than
two (2) phone lines, and shall have responsible persons in charge during collection hours and shall be open
during normal business hours, 8:OO a.m. to 5:OO pm, Monday through Friday. The Contractor shall provide a
fax machine andor computer to receive complaints from the City, which shall be operable twenty-four (24)
hours a day. The Contractor shall provide an answering machine during non-office hours for customer requests
and questions to be responded to during the following business day. The Contractor shall provide a contact
person, who shall not live more than sixty (60) miles from the City, for the City to reach during all non-office
hours. The contact person must have the ability to authorize Contractor operation in the case of City direction
or situations re uiring immediate attention. The Contractor’s Equipment Yard and ofice are located currently
at 2700 NW 48 Street, Pompano Beach, Florida. Equipment Yard means a real property location that shall be
utilized by the Contractor for the storage and keeping of all equipment needed by the Contractor to provide all
services under this Agreement in the Service Area
9,
16. COMPLAINTS: Any conlplaints received by the City will be forwarded to the Contractor by telephone,
computer, or electronic media at least twice daily where the Contractor shall record it on a complaint log, as
well as any complaints received directly by the Contractor. The complaint shall be resolved wih twenty-four
(24) hours after the Contractor receives it. When the complaint is received by 12:OO noon on a Saturday or the
day preceding Thanksgiving Day and Christmas Day, it shall be resolved by the Contractor the same day it is
received; however, if received after 12:OO noon, it shall be resolved no later than the next regular working day.
When the Contract Adnlinistrator notifies the Contractor of a complaint or the Contractor receives a complaint
the Contractor shall take the appropriate steps that may be necessary to resolve the complaint within
twenty-four (24) hours after its receipt. If a complaint cannot be resolved within twenty-four (24) hours, the
Contract Administrator shall be notified immediately of the reasons for the delay. If the Contract Administrator
approves the reasons, the twenty-four (24) hour resolution period will be adjusted.
The Contractor shall provide the Contract Administrator or designee with a full written explanation of the
disposition of any complaint involving a claim of damage to private or public property as a result of actions of
the Contractor’s employees, agents, or sub-contractors. Any damage shall be repaired withm seven (7)
business days with written disposition submitted to the City N4thin five (5) days following resolution.
The Contractor shall prepare and maintain, in accordance with a format and method approved by the City, a
register on all complaints, and shall indicate thereon the disposition of each complaint. Such record shall be
submitted to the City after the tenth (lo*) day of each month for the preceding month. The record shall indicate
the day and hour on which the complaint was received and the day and hour on which it was resolved. The
complaints received by the Contractor, both residential and commercial customers by service type and their
disposition, shall be delivered electronically daily to the Contract Administrator. Legitimacy of challenged
complaints shall be determined by the Contract Administrator, and hisher decision shall be final.
It is recobpized that disputes may arise between the City and the Contractor with regard to the collection of
certain items due to disputes over the specific language of the Agreement. The Contract Administrator may
from time to time notify the Contractor by telephone to remove all such rehe. Should the Contractor fail to
remove the refuse within twenty-four (24) hours from the time of notification, the City will do so, and all costs
incurred by the City shall be deducted from compensation due the contractor. This action taken by the City
shall not be deemed a breach of this Agreement; the parties understand that the City has the unilateral right to
set off such amounts, and such action by the City shall not be deemed a breach of this Agreement. Notice of
the amount deducted shall be given to the Contractor. If the City or designee determines that disputed rehe
did not conform to contract specification, the Contractor shall be entitled to additional compensation for
removal.
26
17. QUALITY OF PERFORMANCE OF CONTRACTOR: It is the intent of this Agreement to ensure that the
Contractor provides a quality level of Solid Waste and Recycling Collection Services. To this end, all
complaints received by the Contact Adnunistrator or designee and reported to the Contractor shall be promptly
resolved pursuant to the provisions of Section 16 and all other terms and conditions of this Agreement.
Complaints shall not include customer informational requests or Recycling Container requests. A complaint
not resolved within twenty-four (24) hours, unless otherwise provided in this Agreement, shall count as two (2)
complaints. In the event complaints received from curbside customers within the Service Area, as determined
by the Contract Administrator designee exceed the limits shown in the tabulation below, the Contract
Administrator shall levy $100.00 per incident administrative charges for those actions related to service as
listed within this Agreement. These adnunistrative charges shall be in addition to other adrmnistrative charges
levied by the Contract Administrator. There will be a $1,000 administrative penalty in addition to other
penalties if the percentage of complaints, based on residential units served, is exceeded monthly or annually.
Type of Complaint Monthly Limit (%) Fiscal Year (Annual) Limit %
Garbage and Damage
Recycling
Vegetation
All Others
0.50%
0.15%
0.50%
0.10%
1.25%
3 .OO%
1 .OO%
2.00%
0.50%
6.50%
The Contract Administrator may also levy adnunistrative charges for all other infiactions of this Agreement at
$100.00 per day per incident, as determined by the City or designee, without regard to the percentage of
customer complaints including:
A.
B.
C.
D.
E.
F.
C.
H.
1.
J.
K.
L.
M.
N.
0.
P.
Q.
R.
S.
T.
U.
V.
Commingling Solid Waste with Vegetative Waste andor Recyclable Materials.
Throwing of garbage cans or Recycling Containers.
Failure to collect Recyclable Materials, Solid Waste, or Vegetative Waste on collection schedule.
Failure to replace Garbage Cans, Containers, or Recycling Containers to the point of collection.
Failure to provide clean, safe, sanitary equipment.
Failure to maintain office hours as required.
Operator not licensed or improperly licensed.
Failure to provide documents and reports in a timely and accurate manner such as listed in A below
Damaged Container or Recycling Container not replaced withm forty-eight (48) hours.
Failure to clean spillage.
Failure to repair damage to customer property within seven (7) business days or as otherwise provided
in this Agreement.
Failure to cover materials on collection vehicle(s).
Collection employees or temporary workers not in company uniforms.
Name and phone number, and if applicable, size not displayed on equipment, Containers, or
subcontractor’s equipment.
Not providing current schedule and route maps as required.
Traffic violation within the City issued by law enforcement.
Using improper truck to service commercial or residential customer.
Failure to submit disclosure notices as required in the Agreement to either customer or Contract
Administrator.
Failure to report Residential Solid and Vegetative Waste and Recycling and tonnage activity monthly
(on or before the tenth (IO*) day of the following month) in a format determined by the City, for the
purpose of tracking and verifylng generation rates.
Failure to collect Recyclable Materials, Solid Waste or Vegetative Waste on schedule for any
customer who has been missed more than three (3) times per Fiscal Year.
Failure to respond to customer calls, including commercial recycling and solid waste collection
service customers, in a timely and appropriate manner.
Failure to place a contamination sticker in Recycling Containers.
27
W.
X.
Failure to replace or provide containers or Recycling Containers withm five (5) business days.
Failure to place a sticker on any waste not collected explaining the reason for the pass.
The Contract Administrator shall assess adrmnistrative charges for the following, as set forth herein:
0
0
0
Changing collection routes or schedules without proper notification will result in a $1,OOO.00 fine per
incident.
Failure to clean up spillage of any substance, such as, but not limited to, hydraulic fluid or diesel fuel, will
result in a $2,500.00 fine per day, per incident.
Failure to deliver any Commercial or Residential Solid Waste, Vegetative Waste, or Recyclable Materials
to a designated facility will result in the following penalties:
1. First offense, $1,O00.00 fme
2. Second offense, $2,500.00 fine
3. Thud offense, immediate Termination of Agreement.
0
0
Failure to complete, either partially or totally, a collection route on the regularly scheduled pick-up day shall
be $500.00 for each route per day not completed.
Filing of requested information and documents:
I. In addition to any other requirements of this Agreement, the Contractor shall be required to file
pertinent statistical and aggregate cost information pertaining to Solid Waste Collection and Recycling
Collection Services that is requested by the City. The results of all recycling activity conducted by the
Contractor in the City during each month, whether residential or commercial, shall be reported
accurately to the City, in a format and with such dates as specified by the City, on or before the tenth
(lo*) day of the following month. At a nunimum, the Contractor shall submit the following by the
tenth (IO*) ofthe month:
0 Customer complaint log
Commercial customer service list
0 Tonnagereports
Universal Container distribution inventory by address, date, size, and serial number.
2. The Contractor shall file and keep current with the City all documents and reports required by this
Agreement. By September 1 of each year hs Agreement is in effect, the Contractor shall ensure and
certify to the City that all required documents such as, but not limited to, certificates of insurance,
audits, performance bond or letter of credit, collection routes and schedules and maps, drivers license
certifications, and list of assigned collection equipment vehicles are current and on file with the City.
Collection route maps shall be provided in a format as required by the City. Failure to file any
document or report wihn five (5) working days of the required filing date, except where granted an
extension by the Contract Administrator, may result in the levy of an administrative fine as provided
in Section 17. Nothing herein, however, shall prevent the City from asking for the information above
at any time.
For the purpose of th~s Section, the Contract Administrator may deduct any charges from payments due or to
become due to the Contractor, and the City shall not be deemed in default hereunder. The Contract
Administrator may assess charges pursuant to this Section on a monthly basis in connection with this
Agreement and shall at the end of each month during the term of this Agreement notify the Contractor and the
City in writing of the administrative charges assessed and the basis for each assessment. In the event the
Contractor wishes to contest such assessment, it shall, within five (5) days after receiving such monthly notice,
request in writing to the Contract Administrator an opportunity to be heard by the City and present its defense
to such assessment.
The City shall notify the Contractor in writing of any action taken with respect to the Contractor’s claims, and
the decision of the City will be final.
28
18. NATURAL DISASTERS: In the event of a hurricane, tornado, major storm or other natural disaster, the
Contract Administrator may grant the Contractor a variance from regular Collection Routes and Schedules. As
soon as practicable after such natural disaster, though not more than forty-eight (48) hours, or as soon as Solid
Waste Authority facilities are open for receipt of waste, nomml collection routes and schedules shall resume.
The Contract Adrmnistrator or designee shall make an effort through the local news media to inform the public
when regular services may be resumed and any special conditions required for collection. If authorized to
provide stonn debris removal services by the Contract Administrator, the Contractor’s clean-up activities from
some natural disasters may require that the Contractor hire additional equipment, employ additional personnel,
or work existing personnel on overtime hours to clean debris resulting from the natural disaster. The Contractor
shall receive compensation above the normal compensation contained in tlus Agreement to cover the costs to at
least include rental equipment, additional personnel, overtime hours, and other documented expenses, provided
the Contractor has first secured written authorization and approval from the Contract Admirustrator prior to the
work being performed. In addition, the City may require the Contractor to provide citywide emergency
Vegetative Waste Collection service prior to a pending natural disaster, such as a storm. The City’s Contract
Administrator and Accountant shall audit all such costs prior to payment.
During the month of March each year, the Contract Administrator will review the City’s current disaster
preparedness plan to initially coordinate the regular collection activities of the Contractor in the event of a
natural disaster. On January lof each year of this Agreement, the Contractor is required to provide a disaster
preparedness plan to the Contract Administrator for review and approval. This plan shall include provisions for
additional manpower and equipment and will establish a reasonable, verifiable rate for collection in the event of
a natural disaster to be compensated through the City’s Contract Service fees if the Contractor is authorized to
provide removal services by the City. In the event that excess work resulting from a natural disaster is
compensated by the Federal Emergency Management Agency, or any other local, state, or federal agency, the
extra compensation shall be subject to such agency’s approval. The Contractor shall update his natural disaster
plan each year of the term of the Agreement for the Contract Administrator’s review and approval. The parties
hereto understand that there shall be no double billing for services hereunder.
The parties hereto hrther understand that the City retains other contractors and consultants to assist in
hurricanes and other natural disasters debris removal and assistance. The Contractor herein agrees to work with
such parties as part of its duties in this Contract.
19. UNCONTROLLABLE CIRCUMSTANCES: Neither the City nor Contractor shall be considered to be in
default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect
of which by the exercise of reasonable diligence the non-performing party could not avoid. However, the City
is not required to compensate the Contractor for services not provided.
Neither party shall, however, be excused from perfomnnce if nonperformance is due to forces which are
preventable, removable, or remediable and which the nonperforming party could have, with the exercise of
reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party
shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force,
give written notice to the other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
20. PERMITS AND LICENSES: The Contractor shall obtain, at its own expense, all permits and licenses
required by law or ordinance and maintain the same in full force and effect. Any change of the licenses or
permits shall be reported to the City within ten (10) working days of the change. By award of this Agreement,
the City grants a Roll-off Collection Permit, which must be signed by the Contractor. Annual permit fees are
waived.
21. PERFORMANCE BOND: The Contractor shall finish to the City a performance bond executed by a surety
company licensed to do business in the State of Florida andor a clean irrevocable letter of credit issued by a
bank within Palm Beach County to ensure the faithful performance of this Agreement and all obligations
arising hereunder in the appropriate amount determined in accordance with Exhibit IV, attached hereto and by
this reference incorporated herein. The clean irrevocable letter of credit or bond provided hereunder may each
be substituted for the other upon approval by the City. The fomi of this bond or letter of credit and the Surety
29
Company shall be acceptable to the City Attorney and the Contract Abstrator and shall be maintained
during the term of this Agreement as provided in Section 1. The bond shall not be canceled, limited, or
non-renewed until after thuty (30) days’ written notice has been given to the City. Current performance bond
evidencing required coverage must be on file at all times.
22. EMPLOYEE WAGES AND BENEFITS: The Contractor shall comply with all applicable local, state, and
federal laws, rules, regulations, codes, ordinances, directives, and guidelines relating to wages, hours, overtime
and all other applicable laws relating to the employment or protection of employees, now or hereinafter in
effect. The Contractor shall provide salary and benefits to employees that are competitive in Palm Beach
County for the Solid Waste Collection Industry. Conditions of employment shall be published and
conspicuously posted so all employees nuy be informed. The Contractor shall furnish reasonable uniforms,
rain gear, and safety equipment at its expense.
23. INSURANCE: During the term of the Agreement, the Contractor shall procure, maintain, and provide, at its
own expense, the City with certificates of insurance or evidence of the insurance required under this Section.
Cancellation or modification of said insurance shall not be effected without thirty (30) days’ prior written notice
to the City.
A. Workers’ Compensation Insurance: Workers’ Compensation coverage must be maintained in
accordance with statutory requirements as well as Enployer‘s Liability Coverage in an amount not
less than $lOO,000.00 per each accident, $100,000.00 by disease, and $500,000.00 aggregate by
disease.
B. Liability Insurance: The Contractor shall, during the term of this Agreement, and any extensions
hereof, maintain in fill force and effect a commercial general liability insurance policy and
automobile liability insurance policy, which specifically covers all exposures incident to the
Contractor’s operations under this Agreement. Such insurance shall be with a company acceptable to
the City, and each policy shall be in an amount of not less than $1,000,000.00 Combined Single Limit
for personal bodily injury, including death, and property damage liability, and the general liability
shall include, but not be limited to, coverage for PremisesDperations, ProductsKompleted
Operations, Contractual to support the Contractor’s Agreement or indemnity and Fire Legal Liability.
In addition to the above liability limits, the Contractor shall maintain a $5,000,000.00 umbrella and/or
excess liability coverage. Policfiies) shall be endorsed to show the City, a municipal corporation in
the State of Florida, as an additional insured as its interests may appear. Current certificates of
insurance evidencing required coverage must be on file with the City at all times. The Contractor
expressly understands and agrees that any insurance protection hished by the Contractor shall in no
way limit its responsibility to indemnify and save harmless the City under the provisions of Section 24
of this Agreement.
24. INDEMNIFICATION: The Contractor will hold the City harmless from any and all liabilities, losses, or
damages the City may suffer as a result of claims, demands, costs, or judgments against the City arising out of
the negligence, gross negligence, willfhl acts, and wrongfd acts or omission of the Contractor or its employees,
which said liabilities, losses, damages, claims, demands, costs, or judgments arise directly out of the matters
which are the subject of hs Agreement and the work to be performed thereby. The Contractor shall not be
responsible for nor be required to indemnify or hold the City harmless for any act, omission, negligence, or
other liability to the extent caused by the act or omission, in whole or in part, of the City or any one of its
employees or agents. In connection with any legal proceedings arising hereunder, the City reserves the right to
retain counsel of its choice and at its own expense, or in the alternative, approve counsel obtained by the
Contractor. The parties hereto acknowledge that the indemnification herein is supported by adequate
consideration.
30
25. ACCESS AND AUDITS: The Contractor shall nlaintain within Palm Beach County adequate separate
financial and operating records for the Service Area of the Solid Waste Collection andor Recycling Services
during the Fiscal Year and for three (3) years following the end of each Fiscal Year during the term of this
Agreement. The City or designee shall have the right to review all applicable records maintained by the
Contractor upon twenty-four (24) hours' written notice.
The Contractor shall provide the City an Audited Financial Statement, including, at a minimum, a Balance
Sheet and an Income Statement representing the financial position and the results of operations, respectively, of
the Contractor specifically for the Service Area. The report must include the opinion of a Florida Certified
Public Accountant, who has conducted an audit of the Contractor's books and records in accordance with
generally-accepted accounting principles, which include tests and other procedures necessary, that the Financial
Statements are fairly presented, in all material aspects, in conformity with generally accepted accounting
principles. The annual audit shall reflect, at the very least, information regarding the Statement of lncome and
Expenses in the format shown in Exhibit 111 and shall be delivered to the City within one hundred twenty (120)
days of the twelve (1 2) month period ending the Contractor's Fiscal Year.
26. POINT OF CONTACT: All dealings, contacts, notices, and payments between the Contractor and the City
shall be directed by the Contractor to the Contract Ahstrator or designee.
27. NOTICE: Any notice, demand, communication, or request required or permitted hereunder shall be in writing
and delivered in person or sent by certified mail, postage prepaid as follows:
As to the City:
City of Pahi Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410-4698
Attention: Contract Administrator Copy to: City Manager
As to the Contractor:
Waste Management Inc. of Florida
2700 NW 4Sth Street
Pompano Beach, Florida 33073
Attention: Market Area Vice President
Notices shall be effective when received at the address as specified above. Changes in the respective address to
which such notice is to be directed may be made from time to time by written notice. Facsimile transmission is
acceptable notice effective when received; however, facsimile transmissions received (ie., printed) after 5:OO
p.m. or on weekends or holidays will be deemed received on the next business day. Additionally, the original
of the notice must be mailed as required herein.
28. DEFAULT OF CONTRACT:
A. The City may cancel this Agreement, except as otherwise provided below in this Section, by giving
the Contractor thirty (30) days' advance written notice, to be served as hereafter provided, upon the
happening of any one of the following events, which will be deemed to be a material breach of
contract:
1. The Contractor shall take the benefit of any present or future insolvency statute, or shall make a
general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a
petition or answer seeking an arrangement for its reorganization or the re-adjustment of its
31
indebtedness under the Federal bankruptcy laws or under any other law or statute of the United
States or any state thereof, or consent to the appointment of a receiver, trustee, or liquidator of all
or substantially all of its property; or
2. By order or decree of a Court, the Contractor shall be adjudged bankrupt or an order shall be
made approving a petition filed by any of its creditors or by any of the stockholders of the
Contractor, seeking its reorganization or the readjustment of its indebtedness under the Federal
bankruptcy laws or under any law or statute of the United States or of any state thereof, provided
that if any such judgment or order is stayed or vacated within sixty (60) days after the entry
thereof, any notice of cancellation shall be and become null, void, and of no effect; unless such
stayed judgment or order is reinstated, in which case said default shall be deemed immediate; or
3. By or pursuant to or under authority of any legislative act, resolution or rule, or any order or
decree of any Court or govemn~ental board, agency, or officer having jurisdiction, a receiver,
trustee, or liquidator shall take possession or control of all or substantially all of the property of
the Contractor, and such possession or control shall continue in effect for a period of sixty (60)
days; or
4. The Contractor has defaulted, by failing or refking to perform or observe the terms, conditions,
or covenants in thrs Agreement or any of the rules and regulations promulgated by the City
pursuant thereto, or has wronghlly failed or refused to comply with the instructions of the
Contract Admmistrator relative thereto, whether such default is considered minor or major, and
said default is not cured withm thuty (30) days of receipt of written notice by the City to do so, or
if by reason of the nature of such default, the same cannot be remedied within thirty (30) days
following receipt by the Contractor of written demand from the City to do so, the Contractor fails
to commence the remedy of such default within said hrty (30) days following such written
notice or having so commenced shall fail thereafter to continue with diligence the curing thereof
(with the Contractor having the burden of proof to demonstrate [a] that the default cannot be
cured within tlurty [30] days, and b] that it is proceeding with diligence to cure said default, and
such default will be cured within a reasonable period of time).
B. However, notwithstanding anything contained herein to the contrary, for the failure of the Contractor
to provide collection service for a period of five (5) consecutive scheduled working days, the City may
secure the Contractor's billing records (at the request of the City, the Contractor shall provide such
records) on the sixth (6") workmg day in order to provide interim contract collection services until
such time as the matter is resolved, and the Contractor is again able to perform pursuant to tlus
Agreement; provided, however, if the Contractor is unable for any reason or cause to resume
performance at the end of thirty (30) working days, all liability of the City under this Agreement to the
Contractor shall cease, and this Agreement may be deemed immediately terminated by the City.
Notwithstanding the foregoing and as supplemental and additional means of termination of this
Agreement under this Section, in the event that the Contractor's record of performance shows that the
Contractor has frequently, regularly, or repetitively defaulted in the performance of any of the
covenants and conditions required herein to be kept and performed by Contractor, in the opinion of the
City and regardless of whether the Contractor has corrected each individual condition of default, the
Contractor shall be deemed a "habitual violator", shall forfeit the right to any further notice or grace
period to correct, and all of said defaults shall be considered cumulative and collectively shall
constitute a condition of irredeemable default. The City shall thereupon issue the Contractor final
warning citing the circumstances therefore, and any single default by the Contractor of whatever
nature, subsequent to the occurrence of the last of said cumulative defaults, shall be grounds for
immediate termination of this Agreement. In the event of any such subsequent default, the City may
terminate this Agreement upon the giving of written Final Notice to the Contractor, such cancellation
to be effective upon the fifteenth (15") consecutive calendar day following the date of Final Notice,
and all contractual fees due hereunder, plus any aiid all charges and interest shall be payable to said
date, and Contractor shall have no further rights hereunder. Immediately upon receipt of said Final
Notice, the Contractor shall proceed to cease any further performance under this Agreement.
C.
32
D. In the event of any of the aforesaid events specified in paragraphs A, B, and C above and except as
otherwise provided in said paragraphs, termination shall be effective upon the date specified in the
City’s written notice to the Contractor and upon said date this Agreement shall be deemed
immediately terminated and upon such termination all liability of the City under tius Agreement to the
Contractor shall cease, and the City shall have the right to call and claim against the performance bond
and shall be free to negotiate with other contractors for the operation of the herein specified services.
The Contractor for failure to perform shall reimburse the City all direct and indirect costs of providing
interim collection service in addition to all other remedies the City may have against the Contractor.
29. PUBLIC WELFARE: The City shall have the power to make changes in or to impose new and reasonable
rules and regulations, and terms and conditions on the Contractor under this Agreement relative to the method
of collection and disposal of Garbage, Trash, Bulk Trash, Vegetative Waste, or Recyclable Materials as shall
from time to time be necessary and desirable for the public welfare; provided, however, that any such rules or
regulations, and terms and conditions shall be delivered to and receipted for by the Contractor, or if the
Contractor is a corporation, by an officer thereof. The City shall give the Contractor reasonable notice of any
proposed change and an opportunity to be heard concerning those matters. The method of collection and
disposal of solid waste and recyclables set out herein shall also be liberally construed to include, but not limited
to, the manner, procedures, operations, and obligations, financial or otherwise, of the Contractor. The
Contractor shall be reasonably and appropriately compensated as detemined by negotiahon and Agreement
between the City and the Contractor for any additional services or other obligations required of the Contractor
due to any modification in the Agreement under this Section.
30. RIGHT TO REQUIRE PERFORMANCE: The failure of the City at any time to require performance by the
Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same.
Nor shall waiver by the City of any breach of any provisions hereof be taken or held to be waived of any
succeeding breach of such provisions or as a waiver of any provisions itself.
31. TITLE TO WASTE: The City shall, at all times, hold title and ownership to all Residential Solid Waste,
Vegetative Waste, Trash, Recyclable Material, and all other waste collected by the Contractor pursuant to this
Agreement, and the Contractor shall have no right to take, keep, process, alter, remove or otherwise dispose of
any such materials without specific written authorization from the Contract Administrator. The City shall, at all
times, hold title and ownership to all Commercial Solid Waste, Vegetative Waste, Trash, Recyclable Material,
and all other waste collected by the Contractor pursuant to this Agreement, except for the ownership rights
provided for under Section 4.G.3 Ownership, and the Contractor shall have no right to take, keep, process, alter,
remove, or otherwise dispose of any such materials without specific written authorization fi-om the Contract
Adnlinistrator.
32. GOVERNING LAW AND VENUE: This Agreement shall be governed by the laws of the State of Florida.
Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County, and the
Agreement will be interpreted according to the laws of Florida. This Agreement shall not be construed against
the party who drafted the same, as all parties to this Agreement have hired legal and business experts to review
the adequacy of the same.
33. COMPLIANCE WITH LAWS: The Contractor shall conduct operations under this Agreement to comply
with all applicable laws, rules, regulations, ordinances, and codes, directives and guidelines whether state,
federal or local.
34. SEVERABILITY: The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the
validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be
deemed severed from the Agreement, and the balance of the Agreement shall be construed and enforced as if
the Agreement did not contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to
the intent of the stricken provision. The provisions of this Section shall not prevent the entire Agreement ffom
being void should a provision which is of the essence of the Agreement be determined to be void.
33
35. ASSIGNMENT AND SUBLETTING: The Contractors may be pemitted to assign or sublet this Agreement,
with prior City approval, which may be withheld, only for the provision of portable sanitation services for
Community Services or Special Events as noted in Section.43 and for the collection of large piles or quantities
of vegetation and trash requiring specialized equipment fitted with grappling devices. The subcontractor’s
equipment shall be equipped with signs on both sides identifylng them as subcontractors to the Contractor. All
liability for subcontractors shall be the responsibility of the Contractor. Otherwise, subcontractors will not be
permitted under the terms of this Agreement. No assignment of this Agreement or any right occurring under
this Agreement shall be made in whole or part by tlie Contractor without the express written consent of the
City. The City shall have full discretion to approve or deny, with or without cause, any proposed assignment or
assignment by the Contractor. Any assignment of this Agreement made by the Contractor without the express
written consent of the City shall be null and void and shall be grounds for the City to declare a default of this
Agreement and immediately terminate th~s Agreement by giving written notice to the Contractor, and upon the
date of such notice, thls Agreement shall be deemed immediately terminated, and upon such termination all
liability of the City under this Agreement to the Contractor shall cease, and the City shall have the right to call
the performance bond and shall be free to negotiate with other contractors or any other person or company for
the service of the Contract Service area which is the subject of this Agreement. In the event of any assignment,
assignee shall filly assume all the liabilities of the Contractor.
It is also acknowledged that in the event of any assignment, the City would incur additional costs as a result of
the transition to another contractor, The parties acknowledge that in that instance the Contractor agrees the City
would be entitled to additional costs andor other damages incurred to mitigate potential tangible or intangible
impacts incurred by the City during the transition period, as mutually agreed to between the parties. This
Agreement is binding upon the parties hereto, their heirs, successors, and assigns.
36. MODIFICATION: This Agreement constitutes the entire contract and understanding between the parties
hereto, and it shall not be considered modified, altered, changed, or mended in any respect unless in writing and
signed by the parties hereto. Such modification shall be in the form of an amendment executed by both parties.
37. INDEPENDENCE OF AGREEMENT: It is understood and agreed that nothing herein contained is intended
or should be construed as in any way establishing the relationship of co-partners between the parties hereto, or
as constituting the Contractor as the agent, representative, or employee of the City for any purpose whatsoever.
The Contractor is to be and shall remain an independent Contractor with respect to all services performed under
this Agreement.
38. ANNEXATIONS: Adjustments to Service Area boundaries and the rights of the parties to the Agreement due
to municipal annexation or contraction will be as provided by Section 17 1.062, Florida Statutes, as amended, or
its successor.
39. CHANGE OF LAW: The parties understand and agree that the Florida Legislature from time to time has
made comprehensive changes in Solid Waste Management legislation and that these and other changes in law
in the future, whether federal, state, or local, which mandate certain actions or programs for counties or
municipalities may require changes or modifications in some of the terms, conditions, or obligations under this
Agreement. Nothmg contained in this Agreement shall require any party to perform any act or function
contrary to law.
To the extent that any law effective after the opening and awarding of bids for this Agreement is in conflict
with, or requires changes in, the provisions of Collection Service or exclusive rights set out in this Agreement,
the parties agree to enter into good-faith negotiations for the resolution of any such changes in this Agreement
as a result of change in law.
34
40.
41.
42.
43.
44.
45.
OTHER RATE ADJUSTMENTS: The City will strictly enforce all of the provisions of the Agreement,
including penalty clauses, for any perfomunce quality problems. The Contractor shall not be allowed rate
increases on the basis that the Contractor bid too low or agreed to do the work for a lower bidder's price. Non-
performance of Agreement or a request for a rate increase, either of which are attributed to the Contractor
accepting the Agreement award at an insufficiently low rate, shall result in cancellation of the Solid Waste and
Recycling Collection Service Agreement between the City and the Contractor. Th~s section shall not be
interpreted to apply to annual rate adjustments intended to offset normal increases in the cost of doing business.
PUBLIC ENTITY CRIMES: No Contractor may be a person or affiliate identified on the Department of
General Services "convicted vendor" list. This list is defiried as consisting of persons and affiliates who are
disqualified from public contracting and purchasing process because they have been found guilty of a public
entity crime. The Contractor is required to comply with Section 287.133, Florida Statutes, as amended, or its
successor.
SUBSTANTIAL COMPLIANCE: The Contractor shall promptly collect all materials disposed of by the
customer, provided the materials are prepared and placed within substantial compliance with the guidelines as
set forth herein. The Contract Adnunistrator shall determine any dispute as to the standards of substantial
compliance.
COMMUNITY SERVICE: The Contractor shall provide Containers, placement and collection pull service
each Fiscal Year, at no cost to the City and for all special City functions and sponsored events, including, but
not limited to parades, art shows, carnivals, or other such special events, as deemed appropriate by the Contract
Administrator. Such services shall include both large centralized containers and smaller decentralized
containers for both solid waste and recyclable materials.
CONTRACT PREPARATION: Prior to the commencement of the term of this Agreement, the Contractor
shall prepare for the collection services in the Service Area in a responsible manner, and at a minimum, shall
adhere to the requirements as set out in Exhibit VII. In the event the Contractor fails to meet the deadlines of
any one of the tasks outlined in Exhibit VII, the City has the right to fine and collect $1 O,OOO.oO for each task
deadline missed. Appeal of any fines pursuant to this Section is provided elsewhere in this Agreement. The
Contractor shall pay fines levied by the City within thirty (30) days of receipt of an invoice for the fines. Failure
to meet the deadline of more than two (2) tasks may result in the City declaring a default of the Agreement.
Failure to meet the deadline of more than two (2) tasks may lead to the loss of the right to provide solid waste
collection and recycling services pursuant to the Agreement for the Service Area.
FlSCAL FUNDING: The terms of this Agreement as provided for herein shall remain unchanged provided
that the City annually approves an appropriation for Solid Waste and Recycling Collection Services.
46. The parties hereto acknowledge that all the Exhibits attached to this Agreement are incorporated by reference.
35
In Witness Whereof, The City of Palm Beach Gardens, at a regular meeting thereof, by
action of the City Council authorizing and directing the foregoing be adopted, has caused these
presents to be signed by the Mayor of the City, and the City's seal to be hereunto affixed, and
Waste Management, Inc., has executed this Agreement all as of the day and year first above
written.
ATTEST /I i:
By:
&istine P. Tatum, City Attorney
Attest:
Witness:
City of Palm Beach Gardens
Contractor:
Waste Management Inc. of Florida lnc.
(Seal)
36
EXHIBITS
I
EXHIBIT I
Approved Contractor Rate Schedule
Monthly Residential Rates (As of April 1,2006)
RATES WILL ADJUST ON THE ANNIVASARY DATE OF THE CONTRACT EACH YEAR
Commercial Solid Waste and Recycling Collection Rates
Note: (I) Container Residential customers requiring more than 1 .O collection of Recycling Containers per week will
be charged 75% of the container recycling service rate per month per unit. The Contractor shall provide for a
written agreement with the customer for this additional service and shall invoice the customer separately in
accordance with the signed agreement.
(2) Commercial Solid Waste Collection Rate for conunercial customers receiving Universal Container
Collection Service shall be the same as the Residential Solid Waste Collection Rate above.
(3) The Contractor shall provide containers and collection services for all City-owned, -rented, or -leased
properties at no cost to the City.
(4) Annually, the above collection rates for the current year will be adjusted by 80Y0 of the Consumer Price
Index (CPI) for the West Palm Beach urban area as of July 1 to become effective April 1 of each year.
(5) The City will determine the commercial disposal fee rates ($/cubic yard) each Fiscal Year based on the
same calculation utilized by the Solid Waste Authority of Palm Beach County (Authority) tipping fee for
disposal as charged by the Authority. The calculation for non-compacted Garbage and Trash is 134 Ibdcubic
yard times the Authority’s tipping fee ($/ton) times 1 ton/2000 Ibs = $/cy. Commercial non-
compacted Vegetation is calculated at 275 Ibs/cubic yard times the Authority’s tipping fee ($/ton) times 1
t0d2000 = $/cy. The compacted disposal rate for commercial solid waste or vegetative waste may be
billed at either actual expense or three times the rate for non-compacted solid waste or vegetative rate,
respectively. The Contractor shall include disposal charges on monthly invoices for commercial customers as a
separate line item. Small compactors are to be invoiced at the cubic yard rate in the above table for collection
plus disposal. and large compactors are to be invoiced the “pull” rate in the above table plus actual disposal,
except for residential customers who are charged a unit rate and no disposal.
(6) In the unlikely event the Authority charges a tipping fee for Recyclable Material, the Contract Administrator
will determine the conversion factor and calculate the factor times the tipping fee for Recyclable Materials.
The Contractor will be responsible for billing Commercial Recycling customers for the Recyclable Materials
disposal fee.
I1
DT TO BE
EXHIBIT I
RATES DETERMINED BY THE CITY
DJUSTED DURING TERM OF AGREEMENT)
* There will be no charge for those residents medically unable to bring solid waste, vegetative waste, or
recyclable materials to curbside as delineated in Section 4.
The first change is free to the customer.
Determination of necessity of locking mechanisms is based on customer requirements.
** ***
Note: Customer-requested maintenance on non-contractor owned Containers shall be at cost plus 15% on pre-work
authorization signed by the customer.
I
EXHIBIT 11
Residential Solid Waste Disposal Credit Calculation
Residential Vegetative Waste Disposal Credit Calculation
(*) Generation factors estimated based on waste generation studies prepared by the Authority; in the event the actual
disposal exceeds these estimates, the Contractor shall pay the excess disposal fees at no cost or liability to the City
or the customer. The City accepts no responsibility or financial liability for waste generation rates or quantities
produced by City residents during the term of this Agreement or any extension of the Agreement.
I1
Exhibit 111
Annual Financial Reporting Format
The Contractor shall submit to the City an audited comparative operating cost statement prepared in accordance with
generally accepted accounting standards for each residential and commercial operation within the Service Area.
The Contractor shall disclose all methods of allocation used to distribute costs recognized in the operating cost statement
for the Service Area andor commercial and residential operations. The disclosure shall be in a narrative form and
include the basis for the allocation method.
The Contractor shall provide a description of the expenses classified as Other Operating Expense and Other General and
Administration.
The Contractor shall submit to the City any adjustments made during the annual audit that have an effect upon the
previously-submitted monthly revenue statements for the twelve (1 2) months of the fiscal Year being audited.
Any allocations made will need to be disclosed in a narrative format, along with the basis for those allocations.
Additionally, it is understood that the Contractor shall utilize the accrual basis of accounting for income and expenses.
Although the City reserves the right to audit or review the information supplied, the Contractor is not required to provide
an audit of the accompanying information.
Attached is the required City format for financial statement reporting in accordance with this Agreement.
I11
Revenues:
(list by type)
Total Revenue
EXHIBIT 111
(Contractor) ,
Statement of Income and Expenses
(Residential or Con~mercial) Service Area
For (month, year) ended (month, year)
$
$
Operating Expenses:
Depreciation - Vehicles $
Disposal fees paid to the Authority $
Contract Service Fees paid to the City $
Fuel and Oil $
Labor and Fringe Benefits $
Other Operating $
Truck Maintenance - Labor $
Truck Maintenance - Parts $
_-
Total Operating Expenses $
General and Administrative:
Salaries and Wages $
Officers' Salaries $
Other General and Adrmnistrative $
Total General and Administrative s
lncome before Provision for Income Taxes $
Provision for Income Taxes !$
Net lncome $
"The Accompanying Notes are an Integral Part of this Statement"
EXHIBIT IV
PERFORMANCE BOND REQUIREMENT
The Annual Performance Bond due to the City from the Contractor is calculated as:
Net Annual Revenues (Gross Annual Revenues Minus Disposal Fees paid to the Solid Waste Authority) multiplied by
fifty percent (50%) = Performance Bond Required.
Performance Bond Requirement
Gross Revenue $4,107,855.46
Net Annual Revenue $2,053,927.68
Less Disposal Fees 0
X 50%
Annual Performance Bond Requirement shall be calculated annually in March by the Contractor and submitted to the
City Contract Administrator by anniversary date each year for the next Contract year.
EXHIBII V
QUARTERLY FINANCIAL REPORTING FORMAT
The Contractor shall submit to the City within forty-five (45) days of the end of each quarter a revenue statement
prepared in accordance with generally accepted accounting principles individually for each residential and commercial
operation within the Service Area.
The Contractor shall disclose all methods of allocations used to distribute revenues between Service Area commercial
and residential operations. The disclosure shall be in narrative fomi and include the basis for the allocation method.
The required format for Quarterly Financial Statement reporting in accordance with this Agreement is shown below.
(Contractor)
Statement of Revenues and Disposal Expenses
(Residential or Commercial) Service Area
For (month, year) ended (month, year)
Revenues:
(list by type - comniercial and residential,
including collection rates, container maintenance,
special service rates, etc.)
Total Revenue
$
Disposal Expenses:
Disposal fees paid to the Authority
Net
Contract Service Fees (Net * .OS)
"The Accompanying Notes are an Integral Part of this Statement"
VI
EXHIBIT VI
NON-ASSESSED RESIDENTIAL DISPOSAL
COMPENSATION PROCEDURE
The purpose of this exhibit is to establish the procedures and schedule whereby the City will compensate the Contractor
disposal fees for non-assessed residential units.
The City will use generation rates for the four (4) residential categories established by the Solid Waste Authority (SWA),
as shown in Table 11, times the new units listed each month by the City as having received a Certification of Occupancy
(CO) times the number of months remaining in that fiscal year before the unit becomes an assessed unit, times the then
current disposal fee set by the SWA. The attached Table 1 sets the number of months from issuance of a CO until the
unit(s) become assessed for which disposal fees will be paid to the Contractor.
Disposal fees due on units that remain non-assessed units in the following fiscal year after issuance of a CO. Disposal
fees will be paid to the Contractor in the same month of the year as the month of their CO issuance using the formula
described above times the months remaining until the unit becomes an assessed unit. The City will not compensate the
Contractor disposal fees per unit in excess of the amount collected by the City. The formula to be used 1 no. of units x
generation rate for garbage / trash hen vegetation for category of unit by I2 months x months remaining in the fiscal
year x the SWA per ton disposal fee for garbage / trash or vegetation. Examples of this formula calculation are shown in
Tables 111 a & b.
The City will pay the Contractor disposal fees monthly for new non-assessed residential unit based upon the method
detailed above during the term of the Contract, which expires on March 30,2012.
VI I
October
IS' yr. 12
2"d yr. 0
April
IS' yr. 6
2"" yr. 12
Unit Type
Single Family
Multi-famil y
(less than 5 units)
Mobile Home
Multi-family
(More than 4 units)
Table I
Non-Assessed Residential Unit
Payment Schedule
(Months Until Assessed)
November December
11 10
0 0
May June
5 4
12 12
January
9
12
July
3
12
February
8
12
August
2
12
Table I1
Solid Waste Authority
Residential Unit Waste Generation Rates
Garbage Trash Vegetation
March
7
12
September
1
12
Total
Tons Per Year Tons Per Year Tons Per Year
1.10 .85 1.95
.67 .oo .67
1.10 .58 1.68
.74 .oo .74
VI11
Table Ill a
Example #I of Calculating Non-Assessed
Residential Unit Disposal Fees
November CO Residential
Units: 74 SF and 8 MF (Cat. 4)
1 I' Year November - September
Solid Waste:
Vegetation:
Solid Waste:
74 single family units x 1.10 tons + 12 months x 1 1 months x $28.00 per ton =
$2.089.26 or $28.23 per unit.
74 single family units x .85 tons f 12 months x 11 months x
$25.00 per ton = $1,441.45 or $19.47 per unit.
8 multi family units x .74 tons f 12 months x 11 months x
$28.00 per ton = $151.94 or $18.99 per unit.
2"d Year November - No Payment Due
Table I11 b
Example #2 of Calculating Non-Assessed
Residential Unit Disposal Fees
March 2004 CO Residential
Units: 121 SF and 25 MF (Cat. 2)
1'' Year March - September
Solid Waste:
Vegetation:
Solid Waste:
12 1 single family units x 1.10 tons t 12 months x 7 months x
$28.00 per ton = $2.173.96 or $17.96 per unit.
12 1 single family units x .85 tons f 12 months x 7 months x
$25.00 per ton = $1.499.89 or $12.39 per unit.
25 multi-family units x .67 tons t 12 months x 7 months x
$28.00 per ton = $273.58 or $10.94 per unit.
2" Year - Due in March
Solid Waste:
Vegetation :
Solid Waste:
12 1 single family units x 1.10 tons f 12 months x 12 months x
$28.00 per ton = $3,726.79 or $30.79 per unit.
12 1 single family units x .85 tons f 12 months x 12 months x
$25.00 per ton = $2.571.24 or $21.24 per unit.
25 multi-family units x .67 tons f 12 months x 12 months x $28.00
per ton = $468.99 or $1 8.75 per unit.
IX
Exhibit VI1
Collection Preparation and Implementation Plan Requirements
Task
Start-up Plan & Schedule(s)
0
0
Public Information Plan
Order equipment (Final award approval takes place on
City Council’s second reading)
Provide City confirmation of equipment delivery dates
Submit Container Residential and Commercial Container
Begin curbside routing
Submit curbside routine Dlans to the Citv for review & amroval
rehabilitation schedule (repair and paint)
Train drivers on equipment
Drivers and supervisors run routes (new employees)
Prepare and mail Disclosure notices to commercial customers w/
coDies to the Contract Adnunistrator
Mailer to all curbside customers on new collection schedule and
set out reauirements
Door hangers on all curbside customer’s door on new collection
Submittal of Special Service “Off Curb” signed Agreement to
DeveloD and amrove Drocedures reauired bv this contract (Citv)
schedule and set out requirements
Contract Administrator (CustomerMauler Agreement)
..
Minimum Start Date
January 2006
January 25,2006
February 2006
February 15,2006
January 3 1,2006
February 1,2006
February 1,2006
March 1. 2006
March 10.2006
February 15,2006
February 15,2006
March 15,2006
March 15, 2006
adlines
Maximum completion Date
March 2006
January 3 I, 2006
February 28,2006
June 3 I, 2006
March 1,2006
March 3 1.2006
March 3 1 ~ 2006
March 3 1,2006
March 20,2006
March 15,2006
March 15,2006
March 3 1,2006
March 3 1,2006
(1) Contractor and Contract Administrator to agree on schedule of distribution
(2) The Contractor shall be responsible for all of the public notification requirements specified in the startup plan in th~s
exhibit.
X
/-\4
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
February 16,2006
Waste Management, Inc of Florida
2700 NW 481h Street
Pompano Beach, Florida 33073
Attn: John Casagrande
Dear Mr. Casagrande:
Enclosed for your records is one certified copy of Ordinance 2,2006 and (I) Original Agreement
for Solid Waste, Recycling and Vegetative Waste Collection Services Franchise between the
City of Palm Beach Gardens and Waste Management.
If you have any questions, please do not hesitate to contact my office (561) 799-4195.
Sincerely,
Ray Ellis
Deputy City Clerk
Enclosure
Date Prepared: October 15, 2007
Resolution 120, 2007
EXHIBIT “B”
CLARIFICATION AND ADDENDUM I TO SOLID WASTE, RECYCLING, AND
VEGETATIVE WASTE SERVICES AGREEMENT
THIS CLARIFICATION AND ADDENDUM I to the Agreement is entered into by and
between the CITY OF PALM BEACH GARDENS (City), a municipal corporation, and Waste
Management, Inc. of Florida (Contractor) this day of , 2007.
WHEREAS, on February 16, 2006, the City Council adopted Ordinance 2, 2006
granting a franchise for Solid Waste and Recycling Collection Services to the Contractor; and
WHEREAS, in accordance with Article 36 of the Agreement, the City and the
are desirous of clarifying and amending the Agreement on the terms and Contractor
conditions as more particularly provided for below; and
WHEREAS, both parties agree to the terms and conditions as more particularly
provided for below.
NOW, THEREFORE, the City and the Contractor agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference.
2. The City will pay the Contractor the amount owed for container residential solid waste
collection services from April 1, 2006, to September 30, 2007, less overcharges for a
total of $297,435.48 which will be paid over a twenty-four (24) month period at
$1 2,393.1 4 per month.
3. The City and Contractor agree to the following amendments to the Agreement and
Exhibit I of the Agreement:
A. Section 2, entitled Definitions, is amended to provide:
M. Container Residential Recycling Collection Service shall mean the collection of
Recyclable Materials by the Contractor from Dwelling Units in the Service Area that
requires the use of Containers for the collection of Recyclable Materials and which
also receive Residential Collection Service for solid waste, and the delivery of those
Recyclable Materials to the Materials Recycling Facility or designated Solid Waste
Authority transfer station. 52 cxxwde~d 8 c-
N. Container Residential Solid Waste Collection Service shall mean solid waste
collection service of all Dwelling Units whose Garbage, Trash, or Bulk Trash is
collected by means of a central or shared Container and not by means of a
Garbage Can. Vegetative Waste collection service is not provided. Wtsewtw
ZZ. Commercial Container Residential Collection Service shall mean Solid
Waste and Recvcling Collection Services provided to multifamilv dwelling units
that are rented or leased to occupants bv the propertv owner or owner’s
representatives and are therefore deemed commercial operations. All units
within a building or development shall remain in this customer category if beinq
converted until complete conversion of the development to individual private
ownership and the Citv approves a change to Container Residential Collection
Service. Collection Service shall include Garbage, Trash, Bulk Trash, and
Recycling. The Contractor shall invoice these units monthlv as commercial
accounts using the per-unit rates for Container Residential Collection Service.
These units are exempt from any disposal charges as are all residential
dwellinqs.
B. Section 4. D. , entitled Container Residential Solid Waste Collection Services, is
amended to provide:
D. Container Residential Solid Waste Collection Services. The Contractor shall
provide Container Residential Solid Waste Collection Service to all Dwelling Units
in the Service Area that is are suitable to receive such service and request such
service. Normal Container Residential Solid Waste Collection Service, not
including Bulk Trash collection, shall be twice per week. The Contractor and the
residential complex, in accordance with this Agreement, shall determine the size
and location of the Container and frequency of collection. In case of an
unresolved dispute, the Contract Administrator shall resolve such issue. Tbe
Waste Collection and once per week for Bulk Trash collection, shall also be
invoiced directly by the Contractor in accordance with the commercial solid waste
collection rates in Exhibit I. The Contractor shall be responsible for the billing and
collection of payments from Container Residential customers for this collection
service. The frequency of collection of Bulk Trash outside the Container shall be
no less than once per week unless otherwise agreed to by the customer and
approved by the Contract Administrator. In the event Bulk Trash contains
Chlorofluorocarbons (CFCs), the Contractor shall collect the Bulk Trash items
separately, in a non-compacting vehicle, and deliver the item, with every attempt
not to release the CFCs into the atmosphere, to the Authority landfill or to a scrap
dealer located in Palm Beach or Martin County. There shall be no weight limit for
any Bulk Trash item.
C. Section 4. I., entitled Method of Payment, is amended to provide:
I. The City or its designee will be responsible for the billing and collection of
payments for Curbside Residential Solid Waste, Curbside Residential Vegetative
Waste, ~RCI Container Residential Solid Waste, Curbside Residential Recycling
Collection Services. Payments from the City to the Contractor will be done and
paid no later than the tenth (IOth) day of the month following service. The
collection service rate per unit per month shall be as set out in Exhibit I, which
may be modified from time to time but not more frequently than annually,
2
pursuant to the provisions for an Extraordinary Rate Adjustment as provided
herein or as otherwise agreed to by the City. The Contractor shall be responsible
for billing and collection of payments for Commercial Container Residential Solid
Waste and Recycling Collection Services as well as Commercial Solid Waste and
Commercial Container Residential Collection Services shall be invoiced at the
Container Residential unit rate and Commercial Services at the Commercial rates
set out in Exhibit I. The rates set out in Exhibit I shall be adjusted only as
necessary in subsequent years pursuant to the provisions for an Extraordinary
Rate Adjustment, as provided herein, or as otherwise agreed to by the City. The
Contractor may be asked to bill the City or the customer for all or a part of the
Containers used by the customer for Commercial Recycling Collection
Service, at the rate set out in Exhibit I, as determined by the Contract
Administrator.
.. Recycling Collection Service, rtet to cxw as se+ettt I:: Ex!-ttbtW ..
D. Section 5.B., entitled City’s Obligation, Payments, is amended as follows:
5.B. City’s Obligation, Payments:
1. The City will be responsible for payments for those units included in the
City’s mandatory Curbside Residential Solid Waste and Vegetative Waste
Collection Services and the Curbside Residential Recycling Collection
Services as well as Container Residential Solid Waste and Recycling
-pgfaw- . The City shall make monthly payments in
arrears to the Contractor for curbside residential collection pursuant to this
Agreement. The Contractor shall be entitled to payment for the collection
services specified here irrespective of whether or not the City collects from
customers for such services. Payments from the City to the Contractor will be
due and paid no later than the tenth (IOth) day of the month following the
month during which services were rendered.
On or before April 1, and before commencement of work by the Contractor
under the terms of this Agreement, the City or designee shall provide to the
Contractor the estimated total number of units to be serviced including
container residential units. By November 1 of each Fiscal Year, the City or its
designee shall provide to the Contractor a copy of the annual tax roll providing
a listing of all the units to receive these services. Thereafter and for the
duration of this Agreement, the City or designee shall notify the Contractor
monthly of new residential units to be served and/or deleted and payments will
be adjusted accordingly. New Dwelling Units, which are added for collection
service during the City’s Fiscal Year, are added for collection service during
the City’s Fiscal Year, will be added to the customer service list, and payment
for said services will be paid by the City to the Contractor in the Contractor’s
monthly payment. Payment will commence the first day of the month following
the issuance of a certificate of occupancy (“CO”). The payments from the City
to the Contractor for units added by CO are paid no later than the tenth (IOth)
day of the month. After the first year of the Agreement, the Dwelling Unit
becomes part of the total number of the subsequent year‘s total number of
units, provided annually to the Contractor on or before October 1.
3
Reconciliation will occur every year in January based solely on units listed in
the tax roll plus units issued COS since January of the previous year. The
Contractor is responsible for the billing and collection for collection services
provided to Commercial Container FResidential Collection customers.
E. Revised Exhibit I, entitled Approved Contractor Rate Schedule, is hereby adopted:
Exhibit I
Approved Contractor Rate Schedule
Monthly Residential Rates (Revised as of April 1,2006)
RATES WILL ADJUST ON THE ANNIVERSARY DATE OF THE CONTRACT EACH YEAR
Residential Curbside Collection (per unit)
Residential Container Collection (per unit)
Note: (1) Container Residential customers requiring more thanl.O collection of Recycling Containers per week will be charged
75% of the container recycling service rate per month per unit. The Contractor shall provide for a written agreement
with the customer for this additional service and shall invoice the customer separately in accordance with the signed
agreement
(2) Commercial Solid Waste Collection Rate for commercial customers receiving Universal Container Collection Service
shall be the same as the Residential Solid Waste Collection Rate above.
(3) The Contractor shall provide containers and collection services for all City owned, rented or leased properties at no
cost to the City.
(4) Annually the above collection rates for the current year will be adjusted by 80% of the Consumer Price Index (CPI)
for the West Palm Beach urban area as of July 1 to become effective April 1 of each year.
(5) The City will determine the commercial disposal fee rates ($/cubic yard) each Fiscal Year based on the same
calculation utilized by the Solid Waste Authority of Palm Beach County (Authority) tipping fee for disposal as charged by
the Authority. The calculation for non-compacted Garbage and Trash is 134lbs/cubic yard times the Authority's tipping
fee ($/ton) times 1 ton / 20001bs. = $/cy. Commercial non-compacted Vegetation is calculated at 275
Ibs/cubic yard times the Authority's tipping fee ($/ton) times 1 ton/2000 = $/cy. The compacted disposal rate for
commercial solid waste or vegetative waste may be billed at either actual expense or three times the rate for non-
compacted solid waste or vegetative rate, respectively. The Contractor shall include disposal charges on monthly
invoices for commercial customers as a separate line item. Small compactors are to be invoiced at the cubic yard rate
4
in the above table for collection plus disposal and large compactors are to be invoiced the "pull" rate in the above table
plus actual disposal, except for residential customers who are charged a unit rate and no disposal.
(6) In the unlikely event the Authority charges a tipping fee for Recyclable Material, the Contract Administrator will
determine the conversion factor and calculate the factor times the tipping fee for Recyclable Materials. The Contractor
will be responsible for billing Commercial Recycling customers for the Recyclable Materials disposal fee.
4. To the extent not specifically amended herein, all other provisions of the Agreement
dated February 16, 2006, shall remain in full force and effect.
5. The Contractor agrees to comply and abide by all federal, state, and local laws, rules,
regulations, ordinances, guidelines, and directives relating or pertaining to any of its
duties and responsibilities arising from this Agreement.
6. This Agreement shall not be construed against the party who drafted the same as all
parties to this Agreement have hired legal and business experts to review the
adequacy of the same.
7. This Agreement is binding on the parties hereto and their successors and assigns.
(The remainder of this page left intentionally blank)
5
IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum I to
the Agreement.
CITY OF PALM BEACH GARDENS
By:
Joseph R. Russo, Mayor
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY /
By: - -- /e&&
Christine P. Tatum, Cify Attorney
WASTE MANAGEMENT, INC. OF FLORIDA
(SEAL)
WITNESSES:
By: ve rxa-
Printed Name:
Printed Name: m%Q-
G:\attorney-shareWGREEMENTSWDDENDUMl WasteManagernent clean.doc
6
Date Prepared: October 15, 2007
Resolution 120, 2007
EXHIBIT “C”
moFpALM~GpclDeys
MEMOFUWWM
SUBJECT: Preliminary Waste Management Proposal
DATE: October 15,2007
Mission: To reduce the City of Palm Beach Garden’s impact on the environment while
providing leadership in the community and encouraging staff, residents and businesses to join
in this initiative.
A. RecVclinn Container Costs: estimate of $20,596.68
1. Recycling Container Sites estimated at seventeen (17) locations, necessitating a
tentative number of containers equal to fifty-nine (59).
2. Additionally, per our City Code, dumpster enclosures are needed to house recycling
dumpsters in high-traffic park area. There are exactly two (2) sites where these fence-
like enclosures are required, estimated at $9,000.00
3. It is necessary to allocate some of the proposed funding for receptacle retrofits and
labeling. This is estimated at a cost of $1,500.00
4. Facility Composite: Please see attached (Exhibit “A”).
B. Printing and Educational Materials Cost: estimate of $6,5OO.OO
1. Printed materials and supplies are necessary to properly educate the public about the
“Going Green in the Gardens” campaign. This includes printed materials that exhibit
the correct disposal of recyclables, including items such as posters, stickers and other
communication resources.
C. ProDosal Estimated Total Cost: $37,596.68
1. To further the City of Palm Beach Gardens “Going Green” campaign, in partnership with
Waste Management, we respectfully request Waste Management consider the amount
stated above.
Exhibit A
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Municipal Complex/Veterans Plaza
Burns Road Recreational Center/ Aquatic Complex
City Park (across from Tennis Center)
Gardens Park
Lake Catherine Park
Lake Catherine Sportsplex
Lakeside Community Center
Lilac Park
Mirasol Park
Oak Park
Plant Drive Park
PGA National Park
Sand Hill Crane Access Park
Tennis Center
Thompson River Linear Park
Municipal Golf Course Clubhouse
Lobby/Lounge Areas - Various City Buildings
Course
Unit Type # of Units Unit Cost Total
A 2 312.78 625.56
A 4 312.78 1,25 1.12
A 1 312.78 312.78
A 3 312.78 938.34
A 2 312.78 625.56
A 3 312.78 938.34
A 1 312.78 312.78
A 2 312.78 625.56
A 2 312.78 625.56
A 1 312.78 312.78
A 3 312.78 938.34
A 5 312.78 1,563.90
A 1 312.78 312.78
A 2 312.78 625.56
A 1 312.78 312.78
A 2 312.78 625.56
B 18 519.75 9,355.50
C 6 48.98 293.88
Dumpster Enclosures - Fencing w/green slats
Parks Bldg. and PGA Park
Receptacle Retrofits/Labeling
Printing/Educational Materials
Type A Grainger 55% Discount
Type C Grainger 33% Discount
Totalunits 59 Sub total S 20.596.68
2 4,500.00 9,000.00
1,500.00
6,500.00
Total $ 37,596.68
P
Type B Kilpatrick Turf 10% Discount
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 26,2007
Meeting Date: December 6,2007
Ordinance 8,2007 / LDRA-07-01-000012
Subject/Agenda Item:
Ordinance 8, 2007Retition LDRA-07-01-000012: Amendment to the Land Development
Regulations Relating to Height Restrictions
Workshop: A City-initiated request to amend the Palm Beach Gardens Land Development
Regulations providing limitations to height waivers for single-family and multi-family residential
buildings.
[XI Recommendation to APPROVE
1 Recommendation to DENY
Originating Dept.: / Reviewed by:
City Attorney
Christine Tatum
Development
Compliance N/A
Bahareh Keshavarz-Wolfs,
AlCP
Growth Manage1
Kara L. Irwin, A.I.C.P.
Administrator d
Gr w h anagement:
Kaia Irwin
Growth Management
Administrator
Action:
[ ] Quasi-judicial
[XI Legislative
[ ] Public Hearing
Advertised:
Date:
Paper:
[ ] Required
&+Not Required
Affected Parties:
[ ] Notified
[XI Not Required
FINANCE: NIA
Costs: $ N/A
Total
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Other-
Budget Acct.#:
N/A
City Council Action:
[ ]Approved
[ ] App. wl conditions
[ ] Denied
[ 1 Rec. approval
[ 1 Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:-
Attachments:
Ordinance 8. 2007
TOD Powerpoint
Date Prepared: November 26,2007
Meeting Date: December 6,2007
Ordinance 8,2007
Page 2 of 12
BACKGROUND
During the December 7,2006, City Council meeting, David Barth, of Glatting Jackson, presented the
final report from the Interactive Planning Session that evaluated ‘Height Issues’ for future
development and redevelopment in the City of Palm Beach Gardens. The Interactive Planning
Session (Session) was held in the City Council Chambers on Wednesday, October 25, 2006 and
Wednesday, November 1,2006. David Barth and Allison Crnic, of Glatting Jackson, facilitated the
Session on behalf of the City.
The report for the Charrette documented input from all of the residents present at the meeting and the
facilitator reported on consensus items that were expressed during each of the two evenings. There
were several items related and unrelated to height, which repeatedly arose at each meeting that
residents reported were important to maintain in future development and redevelopment. Overall,
one of the major consensus points brought up during the Planning Session involved limitations on
strictly residential areas within the City to low-rise buildings. Many residents were concerned about
the possibility of height waivers allowing high-rise buildings within adjacent residential areas.
In response to this concern, staff is providing a draft ordinance to the City’s Land Development
Regulations (LDRs) that would provide for limits to height waivers for single and multi-family
residential buildings in all zoning districts in the City. The City’s LDRs only permit height waivers
for residential buildings within Planned Unit Development (PUD) Overlays and Planned Community
District (PCD) Overlays. The amendment prohibits waivers to the height restrictions in excess of
25% of the height limit where height is measured in feet and no higher than one additional story
where height is regulated by number of stories. Currently, residential uses are limited to four stories
within the Mixed-Use land use category, but no maximum height limit has been established within
the Code. The City’s Comprehensive Plan does not permit height waivers for residential
development within a Mixed-Use land use designation, which has been verified within the current
amendment and a maximum height has been proposed consistent with the maximum height
established within the Residential High (RH) zoning district.
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
Currently, the following amendments are proposed to the City‘s Land Development Regulations to
provide for limitation to height waivers for single-family and multi-family residential buildings.
Section 78-158, Code of Ordinances, entitled “Waivers to planned development district
regulations” is hereby amended to read as follows:
Sec. 78-158. Waivers to planned development district requirements.
(a) Purpose and intent. The purpose and intent of this section are to encourage applicants for
planned development, PUD, andT PCDT approval to propose residential and nonresidential projects
that are innovatke, creative, and utilize planning, design, and architectural concepts that will be of
benefit to the city. The use of innovative and creative techniques and concepts may require one or
Date Prepared: November 26,2007
Meeting Date: December 6,2007
Ordinance 8,2007
Page 3 of 12
more waivers to the development standards applicable to such projects. The city council may grant
one or more of the requested waivers, provided community benefits such as architectural design,
pedestrian amenities, preservation of environmentally-sensitive lands, provision of public parks and
open space, or mixed uses which reduce impacts on city services are demonstrated.
(b) Waivers permitted. An application for development order approval for a PUD or PCD may
include a request for waiver of one or more requirements of this chapter. Requests for waivers shall
comply with the requirements contained herein. For the purpose of this section, a waiver is defined
as a reduction in a development standard or other land development requirement normally required
by this chapter.
(c) Purpose and intent. The purpose and intent of this section are to encourage the use of PUDs
and PCDs, as provided in sections 78-154 and 78-1 55, in order to achieve the benefits to the city and
the property owner as described in those sections.
(d) Prohibited waivers. The waivers listed below shall not be granted by the city council.
(1) A waiver from the requirements of division 2 of article V, establishing the PGA overlay
district.
(2) A waiver from the minimum requirements for preservation of environmental sensitive lands
as provided in division 4 of article V.
(3) A waiver from any requirement associated with the city's concurrency management
requirements established in division 3 of article 111.
(e) Grant of waivers. Waivers from requirements applicable to planned developments, including
PUDs and PCDs, shall be granted by the city council, following an advisory recommendation by the
planning, zoning, and appeals board.
(f)
indicated in Table 20.
Waivers established. For the purposes of this section, the city council may grant waivers as
[The remainder of this page intentionally left blank]
Date Prepared: November 26,2007
Meeting Date: December 6,2007
Ordinance 8,2007
Page 4 of 12
Building Height (as limited by Sec. 78-1 84)
Table 20: Waivers to Planned Developments
TABLE INSET:
J
Development Standard or Requirement
Landscaping
Open Space
City Council
Waiver
J
J
Standards Applicable to Planned Developments, PUDs, and PCDs
Architectural and Design Standards
Engineering Standards
I Sign Regulations IJ I
J
J
J
Permitted Uses within PUD or PCD
Development Standards Applicable to Permitted and Conditional Uses
J
J
Supplementary District Regulations
Number of Required Parking Spaces and Size of Parking Spaces
I Minimum PUD/PCD Size IJ I
J
J
Building Setbacks (front, side, side corner, and rear)
Lot Coverage, Size, Depth, and Width
J
J
I Height of Buffering and Screening Walls IJ I
Others as provided by these land development regulations J
(8) Residential variances. Any reduction to a PUD or PCD development standard or requirement
applicable to an entire residential use or project shall occur only as provided in this section.
However, the owner of a single-family dwelling may apply for a variance to the applicable
development standards, rather than apply for a waiver. The purpose of this section is to allow an
owner or tenant to request a modification without the time, effort, and expense associated with an
application for a development order amendment.
(h) Application. All requests for a waiver shall be submitted in writing and shall accompany a
development application for planned development, PUD, or PCD approval. Each waiver to planned
development requirements or standards utilized in a development application for approval of a PUD
or PCD shall be identified by the applicant.
(i) Criteria. A request for the city council to approve a waiver from one or more of the
standards and requirements applicable to a planned development, PUD, or PCD shall comply with a
majority of the criteria listed below.
(1) The request is consistent with the city's comprehensive plan.
Date Prepared: November 26,2007
Meeting Date: December 6,2007
Ordinance 8,2007
Page 5 of 12
The request is consistent with the purpose and intent of this section.
The request is in support of and furthers the city’s goals, objectives, and policies to establish
development possessing architectural significance, pedestrian amenities and linkages,
employment opportunities, reductions in vehicle trips, and a sense of place.
The request demonstrates that granting of the waiver will result in a development that
exceeds one or more of the minimum requirements for PUDs.
The request for one or more waivers results from innovative design in which other minimum
standards are exceeded.
The request demonstrates that granting of the waiver will result in preservation of valuable
natural resources, including environmentally-sensitive lands, drainage and recharge areas, and
coastal areas.
The request clearly demonstrates public benefits to be derived, including, but not limited to
such benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside
of the project boundaries, preservation of important natural resources, and use of desirable
architectural, building, and site design techniques.
Sufficient screening and buffering, if required, are provided to screen adjacent uses from
adverse impacts caused by a waiver.
The request is not based solely or predominantly on economic reasons.
The request will be compatible with existing and potential land uses adjacent to the
development site.
The request demonstrates the development will be in harmony with the general purpose and
intent of this section, and that such waiver or waivers will not be injurious to the area involved
or otherwise detrimental to the public health, safety, and welfare.
(j)
established in Section 78-1 84 (b).
Waiver limitations. All waivers of the height of buildings shall be subiect to the limitations
Section 78-184, Code of Ordinances, entitled “Height of Buildings” is hereby amended to read
as follows:
Sec. 78-184. Height of buildings.
(a) Height. A building or structure shall not be erected, constructed, reconstructed, or altered to
exceed the height limits established in the property development regulations for the applicable
zoning district.
Date Prepared: November 26,2007
Meeting Date: December 6,2007
Ordinance 8,2007
Page 6 of 12
(b) Limitations on height waivers for single family and multi family residential buildings.
( 1) No waiver in excess of 25 percent of the height limitation of the applicable zoning district may
be approved for such residential buildings in any zoning district (other than MXD) where
height limitations are measured by feet.
(2) No waiver in excess of one story of the height limitation of the applicable zoning district may
be approved for such residential buildings in any zoning district (other than MXD) where
height limitations are measured by number of stories.
(3) In zoning districts (other than MXD) where height limitations are measured by both feet and
stories, no waiver in excess of one story may be approved for such residential buildings, and in
no event shall the waiver exceed the height limitation measured by feet.
(4) In MXD zoning districts, no height waivers may be approved for such residential buildings,
and no such residential building, regardless of the number of stories, shall exceed (56) fifty-six
feet in height.
(5) The provisions of this section may not be amended by the city council without a vote of at
least four city council members.
@(c) Exceptions. The height limitations of this section shall not apply to church spires; barns, silos;
monuments: antennas; penthouses and domes not used for human occupancy; nor to chimneys, water
tanks, and necessary mechanical appurtenances usually carried above the roof level. These features,
however, shall be erected only to a height as is necessary to accomplish the purpose they are to serve
and shall not exceed 20 percent of the ground floor area of the building.
(ejUObstructions. All obstructions, as defined by the Federal Aviation Administration, shall be
marked and lighted in accordance with applicable federal or state regulations.
Discussion
The proposed LDR text amendment was presented to City Council during the City Manager’s Report
during the City Council meeting on January 18,2007. During the meeting, the City Council directed
staff to evaluate the following issues:
0 Providing a requirement for a super majority vote of City Council to change the proposed
code revision.
Provide for the height limitation in the City’s Comprehensive Plan
Address the need for providing provisions for tiering heights with adjacent developments
Provide a definition and height limitation for a story within the City’s Mixed-use land use
category.
0
0
Date Prepared: November 26,2007
Meeting Date: December 6,2007
Ordinance 8,2007
Page 7 of 12
Super Majority Vote
Unless otherwise specified, the adoption of an Ordinance or Resolution is accomplished by a
majority vote of a quorum present at a meeting. Section 166.04 1, Florida Statutes, and Section 18-1,
Code of Ordinances provide that a majority of the members of the governing body shall constitute a
quorum, and that an affirmative vote of a majority of the quorum present shall be necessary to enact
any ordinance or adopt any resolution, except that two-thirds of the membership of the board is
required to enact an emergency ordinance. While the City cannot lessen or reduce the procedures for
the enactment of a municipal ordinance, the City may add additional requirements or prescribe
procedures in greater detail than contained in Section 166.041.
The addition of a super-majority voting requirement to modify a particular provision of the Code of
Ordinances is, however, not prohibited by state law, and is sometimes used when a local governing
body identifies an issue which is of such import to the community that a simple majority requirement
to change the provision is perceived as inadequate. For example, some local codes contain such
limitations on the sale of city property, so that a super majority vote is necessary to approve such a
sale.
While a super majority is a legal mechanism, there can be certain unintended consequences of such a
requirement that the council should be aware of. A super majority vote essentially places the
ultimate decision-making in the hands of a minority of the council. For example, if three (a majority)
of the elected officials wish to take a certain action, they can be prevented from taking such action by
two (the minority) of the council. A further complication can arise in the event there is a vacancy on
the council or one or more members are absent or have a voting conflict. An example of this
situation was recently reported concerning the Village of Wellington where on councilmember was
required to abstain, thus necessitating a unanimous of the remaining four members for passage of an
item.
Staff has evaluated the issues and provided alterations to the proposed ordinance that addressed the
definition of a height limit for a ’story’ and provided a requirement for a super majority vote to
change the proposed amendment for height limitations to single-family and multi-family residential
buildings.
Comprehensive Plan
In December 2006, City Council adopted and transmitted the City’s Evaluation and Appraisal
Report (EAR) to the Department of Community Affairs (DCA) for review. The City Council may
direct staff to include language consistent with the proposed ordinance in the City’s EAR-based
comprehensive plan amendments.
Provisions for Tiering and Compatibility
The City‘s Comprehensive Plan and Land Development Regulations (LDRs) provide language
requiring compatibility of design and use with adjacent existing and future uses. In addition,
Planned Unit Development (PUD) Overlay districts and Planned Community District (PCD)
Overlays provide opportunities for City Council to place conditions of approval relative to
compatibility to adjacent development.
The following are examples of sections of the City’s LDRs that address design guidelines for
building height and height transition for development.
Section 78-1 54. PUD - Planned unit development overlay district.
Section 78-1 54(g) (1 0):
(1 0) Building height limit. The maximum building height in a PUD shall be established in the
development order approved by the city council. Final determination of maximum building height
shall consider the following:
a. the proposed uses of the structure;
b. the bulk, mass, and context of adjacent structures or proposed structures;
c. the compatibility with adjacent existing or proposed uses;
d. the relationship to the adjoining uses and the surrounding development; and
e. the provision of open space in the proposed PUD.
Section 78-22 7. Architectural elements,
Section 78-227 (a) (5):
(5) Facade/wall height transition. New developments that are located within 150 feet of an
existing building, and are more than twice the height of any existing building within 150 feet shall
provide massing elements to provide an appropriate structure transition.
a. The transitional massing element can be no more than 100 percent taller than the average height
of the adjacent buildings.
b. Facades shall have architectural articulation at the pedestrian level and at the roofline.
Height Limits for Mixed-Use (MXD)
Staff has provided a maximum height limitation for single-family and multi-family buildings within
a mixed-use development that is consistent with the maximum height limit for buildings located
within the Residential High (RH) zoning district. The provision reads as follows:
(4) In MXD zoning districts, no height waivers may be approved for such residential buildings,
and no such residential building, regardless of the number of stories, shall exceed (56) fifty-
six feet in height.
The proposed language does not set a height limit for individual stories of a residential building, but
it does provide an overall maximum height for the building, which addresses the issue raised by a
resident that there is no maximum height limit for a residential building within a mixed-use
development.
Date Prepared: November 26,2007
Meeting Date: December 6,2007
Ordinance 8,2007
Page 8 of 12
Proposed Height Limitations
The effects of this proposed amendment are as follows:
Planned Unit Development (PUD) and
Planned Community District (PCD)
I Underlying Zoning designation within I I Maximum I I Heightw’ Waiver I Current Height Limit
Residential Low (RL-1, RL-2, & RL-3)
Residential Medium (RM)
I Overlavs I I Restriction I
2 stories or 36 feet, 3 storied36 feet
whichever is the lesser
2 stories or 36 feet, 3 storied36 feet
whichever is the lesser
Residential High (RH)
Residential within Mixed-Use
NMT 45 feet 56 feet
4 stories 4 stories / 56 feet
PLANNING, ZONING AND APPEALS BOARD
At its meeting on February 13,2007, the Planning, Zoning, and Appeals Board (Board) held a public
hearing to review the subject ordinance. The Board voted 7-0 to recommend denial of the subject
ordinance for the following reasons:
0 The Board expressed their objections to the restrictive limits set forth in the ordinance. They
felt that the limits were arbitrary in that they would only be applied to new development in
the City, as opposed to previously approved development that was able to request a height
waiver.
The Board expressed their concerns with eliminating flexibility within the planned
development districts of the City. By eliminating a major component of the City’s flexible
design standards, the ability for the implementation of flexible design is severely limited
within a PUD or PCD. The Board felt that the limit would reduce the creativity of future
development within the City.
The Board felt that the limits did not reflect the ‘findings of the Interactive Planning
Session.’ The Board was of the opinion that a majority of City residents felt that taller
buildings were permissible within certain areas of the City, specifically adjacent to major
roadways or within the City‘s Regional Center corridor. The Board also expressed their
opinion that a majority of residents were satisfied with the development within the City.
Finally, the Board felt confident that specific guidelines were in place that provided City
Council with the discretion to determine if any height waivers were in the best interest of the
City’s future development.
0
During the Boards discussions, Amir Kanel (Alternate member) expressed his support of the
ordinance, but represented that the proposed ordinance did not reflect the comments set forth at the
City’s Interactive Planning Session that taller buildings are appropriate within certain areas of the
City.
Date Prepared: November 26,2007
Meeting Date: December 6,2007
Ordinance 8,2007
Page 9 of 12
Date Prepared: November 26,2007
Meeting Date: December 6,2007
Ordinance 8,2007
Page 10 of 12
Overall, the Board recommended denial of the proposed ordinance, based on their strong feelings
that the City has developed responsibly and maintained a high standard of development, which has
maintained the City’s superior quality of life. The Board felt strongly that the flexibility and
creativity of planned development districts encouraged the higher standards of development in the
City.
AMENDMENTS TO ORDINANCE 8,2007
Transit Oriented Development (TOD)
On June 7,2007, Kim Delaney of the Treasure Coast Regional Planning Council (TCRPC) made a
presentation to City Council on the benefits of planning for transit oriented development (TOD) due
to the potential location of a tri-rail station in the North County. During the meeting, City Council
directed staff to provide language to exempt Transit Oriented Development from the height
restriction so that City Council could discuss.
In 2005, the Metropolitan Planning Organizations in Miami-Dade, Broward, and Palm Beach
Counties partnered with the Florida Department of Transportation to initiate the SFECC Study. This
multi-year analysis is evaluating the potential reintroduction of transit on the FEC railroad along the
82-mile stretch of railroad from downtown Miami North to the northern Palm Beach County line.
The SFECC Study initially identified 60 potential “station areas” among the three counties, generally
located along roadways with 1-95 access and/or in proximity to town centers, major employers, and
residential populations.
The northern segment contained relatively lower station area ratings when compared to the central
and southern segments, due in part to land use patterns in northern Palm Beach County. Therefore,
greater emphasis has been placed upon land use planning along the northern segment in an effort to
bolster ratings, improve anticipated system success, and increase the segment’s competitiveness to
secure federal funds.
Typically, a site evaluation rating for potential Tri-Rail station locations includes the ten issue
areas listed below:
(1) Ability to Accommodate Station
(2) TOD Potential at Station
(3) Potential of TOD District (TOD District has %-mile radius; TOD Area has
1.5-mile radius)
(4) Density & Scale of Potential TOD District (existing and future)
(5) Proximity to Major Destinations
(6) Multi-Modal Interconnectivity
(7) Station Visibility and Accessibility
(8) Consideration of Comprehensive Plan Regulations
(9) Consideration of Land Development Regulations
(1 0) Other Planning Considerations
Date Prepared: November 26,2007
Meeting Date: December 6,2007
Ordinance 8,2007
Page II of 12
The limitation of height for residential development would not permit the City Council to waiver
height regulations for any residential development, including development that would be a part of a
TOD, thereby limiting development densities for TODs, which is a key component to site
evaluations for Tri-Rail.
The following amendment is proposed to provide an exemption for Transit Oriented Development:
Sec. 78-184. Height of buildings.
...
@+(&Exceptions.
(1) The height limitations of this section shall not apply to church spires; barns, silos;
monuments; antennas; penthouses and domes not used for human occupancy; nor to
chimneys, water tanks, and necessary mechanical appurtenances usually carried above the roof
level. These features, however, shall be erected only to a height as is necessary to accomplish
the purpose they are to serve and shall not exceed 20 percent of the ground floor area of the
building.
(2) In the event that the City adopts amendments to the Land Development Regulations which
establish a Transit Oriented Development (TOD) Overlay, certain properties may be eligible
to apply for rezoning to apply the Overlay to the property. The limitation on height waivers
established in this section shall not apply to any property which is rezoned to TOD Overlay..
(e+~Obstructions. All obstructions, as defined by the Federal Aviation Administration, shall be
marked and lighted in accordance with applicable federal or state regulations.
...
The intent of the TOD land use is to provide a mixed use development pattern within a % mile from
a fixed rail premium transit stop that encourages pedestrian activity and achieves the vision of a
Regional Transit Corridor; strives to deter urban sprawl; and lessens the dependence on automobile
trips. This development pattern is an alternative from traditional parcel-based development, and
shall allow for a wide range of functionally integrated commercial, employment center, institutional,
and mixed-income residential uses. Functional integration is achieved through urban design that
encourages pedestrian and bicycle modes of transportation to access complementary uses within
close proximity to the fixed rail premium transit stop. The proposed changes would allow City
Council the opportunity to plan for Transit Oriented Development (TOD) and determine during that
evaluation whether or not height limits should be enforced.
CITY COUNCIL
On March I, 2007, the City Council voted 5-0 to approve Ordinance 8,2007 on first reading.
Date Prepared: November 26,2007
Meeting Date: December 6,2007
Ordinance 8,2007
Page 12 of 12
STAFF RECOMMENDATION
Staff recommends approval of Petition LDRA-07-0 1 -0000 12 and Ordinance 8, 2007 with the
proposed amendments relative to Transit Oriented Development (TOD).
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AN ORDINANCE OF
BEACH GARDENS,
HEIGHT WAIVERS;
ORDINANCE 8,2007
THE CITY COUNCIL OF THE CITY OF PALM
FLORIDA RELATING TO LIMITATIONS ON
AMENDING SECTION 78-158, CODE OF
ORDINANCES, ENTITLED “WAIVERS TO PLANNED
DEVELOPMENT DISTRICT REGULATIONS”; AM EN DING SECTION
BUILDINGS” TO IMPOSE LIMITATIONS ON HEIGHT WAIVERS;
PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
78-184, CODE OF ORDINANCES, ENTITLED “HEIGHT OF
WHEREAS, on October 25, 2006, and November 1, 2006, the City Council
conducted two community planning sessions to discuss and address the issue of height
for future development within the City; and
WHEREAS, the process included research and analysis of current height
regulations, two public workshops for resident input, and a report to City Council; and
WHEREAS, approximately 95 people attended the October Workshop and
approximately 107 people attended the November workshop; and
WHEREAS, the findings of the sessions reflect the general consensus that
building height in residential areas should be limited to low-rise buildings; and
WHEREAS, Staff recommends that Sections 78-158 and 78-184 of the City’s
Land Development Regulations be amended to accomplish this purpose; and
WHEREAS, this Land Development Regulations amendment was reviewed by
the Planning, Zoning, and Appeals Board at a duly noticed public hearing on February
13, 2007, and the Board recommended denial by a vote of 7 to 0; and
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the residents and citizens 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 78-1 58, Code of Ordinances, entitled “Waivers to planned
development district regulations” is hereby amended to read as follows:
I ~-
Date Prepared: January 5, 2007
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Date Prepared: January 5, 2007
Ordinance 8, 2007
Sec. 78-1 58. Waivers to planned development district requirements.
(a) Purpose and intent. The purpose and intent of this section are to encourage
applicants for planned development, PUD, and, PCD?. approval to propose residential
and nonresidential projects that are innovative, creative, and utilize planning, design,
and architectural concepts that will be of benefit to the city. The use of innovative and
creative techniques and concepts may require one or more waivers to the development
standards applicable to such projects. The city council may grant one or more of the
requested waivers, provided community benefits such as architectural design,
pedestrian amenities, preservation of environmentally-sensitive lands, provision of
public parks and open space, or mixed uses which reduce impacts on city services are
demonstrated.
(b) Waivers permitted. An application for development order approval for a PUD or
PCD may include a request for waiver of one or more requirements of this chapter.
Requests for waivers shall comply with the requirements contained herein. For the
purpose of this section, a waiver is defined as a reduction in a development standard or
other land development requirement normally required by this chapter.
(c) Purpose and intent. The purpose and intent of this section are to encourage the
use of PUDs and PCDs, as provided in sections 78-154 and 78-155, in order to achieve
the benefits to the city and the property owner as described in those sections.
(d)
council .
Prohibited waivers. The waivers listed below shall not be granted by the city
(1) A waiver from the requirements of division 2 of article V, establishing the PGA
overlay district.
(2) A waiver from the minimum requirements for preservation of environmental
sensitive lands as provided in division 4 of article V.
(3) A waiver from any requirement associated with the city's concurrency
management requirements established in division 3 of article 111.
(e) Grant of waivers. Waivers from requirements applicable to planned
developments, including PUDs and PCDs, shall be granted by the city council, following
an advisory recommendation by the planning, zoning, and appeals board.
(f) Waivers established. For the purposes of this section, the city council may grant
waivers as indicated in Table 20.
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Permitted Uses within PUD or PCD
Development Standards Applicable to Permitted and Conditional
Uses
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TABLE INSET:
Minimum PUD/PCD Size
Supplementary District Regulations
Number of Required Parking Spaces and Size of Parking Spaces
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Development Standard or Requirement
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City
Council
Waiver
Lot Coverage, Size, Depth, and Width
Height of Buffering and Screening Walls
Others as provided by these land development regulations
Building Height [as limited bv Sec. 78-1 84) IJ
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Sign Regulations IJ
Landscaping IJ
Open Space IJ
Standards Applicable to Planned Developments, PUDs, and PCDs I J
Architectural and Design Standards IJ
Engineering Standards IJ
w-
Date Prepared: January 5, 2007
Ordinance 8, 2007
Table 20: Waivers to Planned Developments
Building Setbacks (front, side, side corner, and rear) IJ
(9) Residential variances. Any reduction to a PUD or PCD development standard or
requirement applicable to an entire residential use or project shall occur only as
provided in this section. However, the owner of a single-family dwelling may apply for a
variance to the applicable development standards, rather than apply for a waiver. The
purpose of this section is to allow an owner or tenant to request a modification without
the time, effort, and expense associated with an application for a development order
amendment.
(h) Application. All requests for a waiver shall be submitted in writing and shall
accompany a development application for planned development, PUD, or PCD
approval. Each waiver to planned development requirements or standards utilized in a
development application for approval of a PUD or PCD shall be identified by the
a p p I i ca n t .
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Date Prepared: January 5, 2007
Ordinance 8, 2007
(i) Criteria. A request for the city council to approve a waiver from one or more of
the standards and requirements applicable to a planned development, PUD, or PCD
shall comply with a majority of the criteria listed below.
(7
The request is consistent with the city's comprehensive plan.
The request is consistent with the purpose and intent of this section.
The request is in support of and furthers the city's goals, objectives, and policies to
establish development possessing architectural significance, pedestrian amenities
and linkages, employment opportunities, reductions in vehicle trips, and a sense
of place.
The request demonstrates that granting of the waiver will result in a development
that exceeds one or more of the minimum requirements for PUDs.
The request for one or more waivers results from innovative design in which other
minimum standards are exceeded.
The request demonstrates that granting of the waiver will result in preservation of
valuable natural resources, including environmentally-sensitive lands, drainage
and recharge areas, and coastal areas.
The request clearly demonstrates public benefits to be derived, including, but not
limited to such benefits as no-cost dedication of rights-of-way, extensions of
pedestrian linkages outside of the project boundaries, preservation of important
natural resources, and use of desirable architectural, building, and site design
techniques.
Sufficient screening and buffering, if required, are provided to screen adjacent
uses from adverse impacts caused by a waiver.
The request is not based solely or predominantly on economic reasons.
The request will be compatible with existing and potential land uses adjacent to
the development site.
The request demonstrates the development will be in harmony with the general
purpose and intent of this section, and that such waiver or waivers will not be
injurious to the area involved or otherwise detrimental to the public health, safety,
and welfare.
0)
limitations established in Section 78-1 84 (b).
Waiver limitations. All waivers of the height of buildinqs shall be subiect to the
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Date Prepared: January 5, 2007
Ordinance 8, 2007
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SECTION 3. Section 78-1 84, Code of Ordinances, entitled “Height of Buildings”
is hereby amended to read as follows:
Sec. 78-184. Height of buildings.
(a) Height. A building or structure shall not be erected, constructed, reconstructed, or
altered to exceed the height limits established in the property development regulations
for the applicable zoning district.
[b)
b uildin qs.
Limitations on heiaht waivers for sinale family and multi family residential
11) No waiver in excess of 25 percent of the height limitation of the applicable zoning
district may be approved for such residential buildings in anv zoning district (other
than MXD) where height limitations are measured bv feet.
/2) No waiver in excess of one storv of the height limitation of the applicable zoning
district mav be approved for such residential buildings in any zoning district (other
than MXD) where height limitations are measured bv number of stories.
13) In zoning districts (other than MXD) where height limitations are measured bv both
feet and stories, no waiver in excess of one storv may be approved for such
residential buildings, and in no event shall the waiver exceed the height limitation
measured bv feet.
14) In MXD zoninq districts, no height waivers rnav be approved for such residential
buildings, and no such residential buildinq, regardless of the number of stories,
shall exceed (56) fiftv-six feet in height.
(5) The provisions of this section may not be amended bv the citv council without a
vote of at least four city council members.
(b)u€xceptions. The height limitations of this section shall not apply to church spires;
barns, silos; monuments; antennas; penthouses and domes not used for human
occupancy; nor to chimneys, water tanks, and necessary mechanical appurtenances
usually carried above the roof level. These features, however, shall be erected only to a
height as is necessary to accomplish the purpose they are to serve and shall not
exceed 20 percent of the ground floor area of the building.
@jmObstructions. All obstructions, as defined by the Federal Aviation Administration,
shall be marked and lighted in accordance with applicable federal or state regulations.
SECTION 4. This Ordinance shall not be construed or held to affect the rights of
any existing building to continue in a use or structure that may otherwise become a
legal nonconformity as a result of the passage of this Ordinance or any building
specifically approved by a development order granted by the City prior to the effective
date of this Ordinance.
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Date Prepared: January 5, 2007
Ordinance 8. 2007
SECTION 5. Codification of this Ordinance is hereby authorized and directed.
SECTION 6. This Ordinance shall become effective immediately upon adoption.
PASSED this 1 ST day of l%JWM.Cb'
PASSED AND ADOPTED this day of , 2007, upon second
, 2007, upon first reading.
and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Christine P. Tatum, City Attorney
G:\attorney-share\ORDINANCES\imposing limitations on height waivers - ord 8 2007.doc
6
AGAINST ABSENT
Transit Oriented Development
City Council
April 5, 2007
I
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Background
Parcel 5B has been designated by City Council as a potential,
future locatlon for a Tri-Rail station.
Ordinance 8,2007 Prohibits Resldential Height Waivers in
excess of 25% of code allowance.
Catalfumo has reauested to exempt Parcel 5B to allow height
waivers for workforce housinm.
Staff recommends adopting a TOO land use and zoning designation that would allow for residential height waivers if
certain criteria were met to satisfy the Critical Mass for TODs.
1
LVYWI IY 1 Proposed Trans# Statlon
TOD Benefits
Reduced Traffic Congestion
Increased Transit Ridership
Reduced lncentlve for Urban Sprawl
Incentive for more compact develobment.
Increased actlvity for area businesses
Reducad household spending on transportation
Workforce Housing
= Smart Growth
Staff Reco m me nda t io n
Staff recommends that an exceptIan be included in Ordinance
8,2007 to encourage TOD developments
Palm Beach Gardens Crosstown to
St. Mary's Hospital via US-1
Revblon Date: January 7,2007
Gardens East
Mangonla St. Mary's \
Rd
City of Palm Beach Gardens
Council Agenda
December 6,2007
Mayor Russo
Vice Mayor Levy
Council Chambers
1050Q N. Military Trail
Palm Beach Gardens, FL 33410
Council Member Jablin
Council Member Valeche
Council Member Barnett
CITY OF PALM BEACH GARDENS
CQUNCIL AGENDA
@member 6,2007
7:oo P.M.
PLEDGE OF ALLEGIANCE
/IC. ROLLCALL
4 IIL ADDITIONS. DELETIONS, MODIFICATIONS:
r/ IV ANNOUNCEMENTS I PRESENTATIONS:
t/ v. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
' VL CITYMANAGERREPORT:
VIL COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda. Dlease submit
reauest form to the Citv Clerk,Drior to this Item)
VIE CONSENT AGENDA:
,jyO
a. - [Staff Rc rt on 5, Rc lution on P Resolution 127, 2007 -
Approving rhe purcnase of deslaop computers. A Resolution of the City Council
of the City of Palm Beadh Gardens, Florida approving the purchase of 60 desktop
computers for use in Cityoperated facilities via an existing contract with the State
of Florida, Contract No. 250400-03-1; and providing an effective date.
b. {Staff ReDort on Papel 13, Resolution on Page 18) Resolution 129, 2007 -
Emergency Medical Services Surcharge Funds. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving application to the Palm
Beach County Emergewy Medical Services Surcharge Fund; authorizing the
Mayor and City Clerk to execute said Agreement; and providing an effective date.
IX. PUBLIC HEARINGS:
Part I - Ouasi-iudicial
a. IStaff Report on Page 20. Resolution on Page 36) )Resolution 125, 200713
Gardens Commerce Center Art. A Resolution of the City Council of the City of
the Art in Public Places for the Gardens
Unit Development (PUD), which is located on the
East of Interstate95, North of Plat 5 and
Burns Road, as described more particularly
and providing an effective date.
1
$0
b. (Staff ReDort on Page, solbLlrtn 126, ~UUI -
of the City Council Village Square Professi
Gardens, Florida approving tbp village Cqum
and Drovidhg an effective date. 54
Part I1 - Non-Uuasi-iudicial
*
rt on Pape -dinanre an Pa Ordinance 27, 2007
real ehensive 1 ext amendment. 1 Ordinance of the City Council
of the City of Gardens, Florida amending the Future Land Use
Element ofthe Plan of the City of Palm Beach Gardens to add
Residential as an additional Rural Residential Land Use
West of the City's Urban Growth Boundary
fionting along Northlake Boulevard- orovidine for
--- - . . . . .
WStaff ReDort on Pape 81, Ordinance on Pal h.dinanCe28,zm - (1"
reading) Large-scale land-use map amendment IAn Ordinance of the City Council
ns, Florida amending the Future Land Use Map
City of Palm Beach Gardens relating to certain
ximately 61.9 acres, generally located on the North
approximately one-half (0.5) mile West of the
and Coconut Boulevard to change the land-
Beach County Rural Residential 20 (RR20) to City o
ery Low (RVL); and providing an effective
property consisting of
ide of NorthIake
tersection of Nort
use designation fiom
datl - m
X. RESOLUTIONS:
lStaff Re PaPe 124, Rest e 126) Resolution 120, 2007 -
Amendmm LO lrle Sohd Waste, WGYGMI~~, arid Vegetative Waste Services
Agreement. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving a Clarification and Addendum I to the Solid Waste, Recycling,
and Vegetative Waste Services Agreement with Waste Management, Inc.; and
providing an effective date.
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTJON/DISCUSSION:
J a- '".aff RI Pace, 194, Ordii 206) Placing Ordinance 8,
2007. (Amend tne Palm Beach Gardens Lano development Regulations providing
limitations to maximum height waivers.) onto the December 20,2007 agenda for P reading and adoption,
Liygmy e-
XIIL CITY A'ITORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TARE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision marle by the City Council with respect to any mer considered at this public
heating, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is ma&, including the testimony and evidence upon which the appeal is
to be based
In accordance with the Americans with Disabilities Act and Section 28626, Florida Statutes,
persons w*th disabilities dng spacial accomm.o&w * ns in order to phipate in this
proceeding are entitled to the p&n of certain assistance at no cost he call the City
Clerk's OjJke 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 Flodk Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
AI1 presentation materials must be received by
the City CIerk prior 40 the presentation to the Council.
Q
9
City of Palm Beach Gardens
Council Agenda
December 6,2007
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo
Vice Mayor Levy
Council Member Jablin
Council Member Valeche
Council Member Barnett
I.
11.
111.
IV
V.
VI.
7,‘ 35-
‘31 “ty VIII.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
December 6,2007
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS. DELETIONS. MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
CITY MANAGER REPORT:
COMMENTS FROM THE PUBLIC: (For Items Not on the Apenda, please submit
request form to the Citv Clerk, prior to this Item)
CONSENT AGENDA:
a. en Pam 5. Resohatma on Pm 11) Resolution 127, 2007 -
Approving the purchase of desktop computers. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving the purchase of 60 desktop
computers for use in City-operated facilities via an existing contract with the State
of Florida, Contract No. 250-000-03-1 ; and providing an effective date.
b. staff RW ofi Pw 13. RCSQ~U~~ on ou Parp 18) Resolution 129, 2007 -
Emergency Medical Services Surcharge Funds. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving application to the Palm
Beach County Emergency Medical Services Surcharge Fund; authorizing the
Mayor and City Clerk to execute said Agreement; and providing an effective date.
Em
r tutmbmd -
a. rt@n-R eSdUtiQB 81t ?&ee 36'1 Resolution 125, 2007 -
Gardens Commerce Center Art. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving the Art in Public Places for the Gardens
Commerce Center Planned Unit Development (PUD), which is located on the
West side of Riverside Drive, East of Interstate 95, North of Plat 5 and
approximately 300 feet South of Burns Road, as described more particularly
herein; providing conditions of approval; and providing an effective date.
b. & a tS 42'1 Resolution 126, 2007 -
Village Square Professional Park Phase I1 Plat. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving the Village Square
Professional Park Phase I1 Plat; and providing an effective date.
7: 96
9"
$57 9-O
a.
b.
!4& wee 011 & 77l Ordinance 27, 2007 - (lst
reading) Comprehensive Plan Text amendment. An Ordinance of the City Council
of the City of Palm Beach Gardens, Florida amending the Future Land Use
Element of the Comprehensive Plan of the City of Palm Beach Gardens to add
Residential Very Low (RVL) as an additional Rural Residential Land Use
subcategory for properties located West of the City's Urban Growth Boundary
within newly-annexed areas fronting along Northlake Boulevard; providing for
codification; and providing an effective date.
81. -Ordinance 28, 2007 - (1 st
reading) Large-scale land-use map amendment An Ordinance of the City Council
of the City of Palm Beach Gardens, Florida amending the Future Land Use Map
of the Comprehensive Plan of the City of Palm Beach Gardens relating to certain
property consisting of approximately 61.9 acres, generally located on the North
side of Northlake Boulevard approximately one-half (0.5) mile West of the
intersection of Northlake Boulevard and Coconut Boulevard to change the land-
use designation from Palm Beach County Rural Residential 20 (RR20) to City of
Palm Beach Gardens Residential Very Low (RVL); and providing an effective
date.
X. RESOLUTIONS:
a. /StaffResolution 120, 2007 -
Amendment to the Solid Waste, Recycling, and Vegetative Waste Services
Agreement. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving a Clarification and Addendum I to the Solid Waste, Recycling,
and Vegetative Waste Services Agreement with Waste Management, Inc.; and
providing an effective date.
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTJON/DISCUSSION:
a. -* lacing Ordinance 8,
egulations providing
limitations to maximum height waivers.) onto the December 20, 2007 agenda for
2"d reading and adoption,
8-60
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 interestedpersons 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:
800-955-8 771 (TDD) or 800-955-8 770 (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 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 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: aQ G)ra Ac/ Address: 527.0 City: I Subject: fPoc, 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.
“Glory to God in the highest.” Luke 2:14
T-t- - J/ i
CITY COWCIL MEETING 12/06/07
I PROPOSED ADDITIONIS, DELETIONS AND MODIFICATIONS
ADDITIONS:
DELETIONS:
Under Citv ManaPer Reoort:
Allan Owens will present a report on the State
Board of Administration.
Under Public Hearing, Part I1 - Non-Quasi
On behalf of The Spear Group, Urban Design
Studio has requested a postponement of Ordinance
27, 2007 Comprehensive Plan Text amendment - and Ordinance 28,2007 Large-scale land-use map
amendment to a date certain of April 3,2008.
These Ordinances will have new 2008 numbers
assigned.
A copy of the letter has been provided for each
member of Council.
MODIFICATIONS: NONE
THE JOHN Scorn DAILEY FLORIDA INSTITUTE OFGOVERNMENT
AT FLORIDA STATE UNIVERSITY NOV 1 9 2007
August 20, 2007
Ronald Ferris
City Manager
Palm Beach Gardens
10500 N. Military Tr.
Palm Beach Gardens, FL 33410-4698
During the Florida Local Government Information Systems Association Summer Conference an
exciting event occurred which we were sure you would want to share in celebrating. Eric Holdt
was honored with the designation of Certified Chief Information Officer (CCIO) in local
government from the Institute of Government at Florida State University. Each CCIO received a
plaque and a personalized letter from Governor Crist of congratulations for their commitment to
grow and serve the people by going above and beyond and gaining this certification.
Mr. Holdt was part of the inaugural class of Florida's Certified Public Technology Management
program for Chief Information Officers. A program designed to raise the standard for
government technology leaders and help prepare individuals to serve effectively within y
organization's leadership team. Mr. Holdt has been working for over a year to obtain the
certification of CCIO. Each participant has attended over 80 hours of classroom activity,
accomplished 80 hours of out-of-class work designed to engage new knowledge, and
completed a significant capstone project to concretely apply key and important leadership,
planning, management and progressive service principles in a manner directly relevant to your
jurisdiction.
Thank you for your support of Mr. Holdt by allowing participation in this program. We know that
the knowledge gained from this experience will significantly benefit the City of Palm Beach
Gardens. This certification requires continuing education allowing Mr. Holdt to continually grow
the critical skills needed to provide outstanding technology services in your organization. We
ask that the enclosed Certificate be used in recognizing Mr. Holdt within your organization, at an
appropriate time, so that everyone can share in the dedication Mr. Holdt has to quality service.
Also enclosed is a picture from the ceremony at the FLGISA Conference.
Again, we thank you for your personal support and the endorsement of the FCCMA.
Sincerely, w Je f endry
c 4zL
4424&hlL Executive Director
The John Scott Dailey Florida Institute of Government
325 John Knox Road, Building 300 Tallahassee, FL 32303
Telephone: (850) 487-1870 Fax: (850) 487-0041 http: / /iog.fsu.edu e-mail: fig@mailer.fsu.edu
Ms. Kara Irwin, AICP
Growth Management Director
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
RE: REQUEST FOR POSTPONEMENT
NORTELAKE BOULEVARD PROPERTIES
CITY REF.: CP-03-10 85 CP-04-03
urban
Urban Design
Urban Planning
Land Planning
Landscape Architecture
Dear Kara:
On behalf of Jeff and David Spear and The Spear Group, we respectfully request to postpone
Ordinance 27,2007 Petition CP-04-03 atnd Ordinance 28,20071 Petition 0-03-1 0 to a date
certain of April 3,2008.
This time will provide an opportunity for additional outreach. Based on the recent discussions
with the PGA National POA Board of Governors, staff and the city's desire to keep residents
informed, the petitioner will continue to review the petition with interested parties. It is the
@~uners' pusition that though timing is criticid, the additional conversation with interested
parties is important to inform them of the unique events that have lead up to the matter reaching
City Council for final adoption.
This request is made in a continuing effort to respect the city and its efforts and to afford the
petitioner an ability to proceed in what is believed to be the most time effective manner.
As always the time and assistance of the staff and the Council is greatly appreciated.
Sincerely,
Urban Design Studio
Marty R.A. Minor, AICP
Senior Project Planner
C: Richard Marrero, Plannw
Jeff Spear
David Spear
Martr Perry
Dodi Glas
Ken Tuna
4'17 S. Rosemary Avenue
Suite 225 - The Lofts at City Place
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.UDSonline.com
LCC35
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CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, organized in 1989, the Florida Government Communicators
Association is celebrating its 20th Anniversary; and
WHEREAS, FGCA a statewide organization, is dedicated to maintaining and
enhancing industry standards by providing members with support, educational and
professional development opportunities; and
WHEREAS, the Public Information Officer is responsible for the image of an
organization and help to ensure that their organization is seen in a positive light;
and
WHEREAS, the Public Information Officer helps to maintain vital two-way
communications between elected and appointed officials, staff and customers and
takes a proactive approach through specialized skills and communication tools to
educate and inform, change human behavior or attitudes, or call people to act in a
disaster or emergency; and
WHEREAS, the Public Information Officer delivers information that saves lives,
protects property and minimizes negative impact on the environment.
WHEREAS, on December 3 and 4, 2009, FGCA will hold its annual statewide
conference in Palm Beach Gardens with the theme "Gov 2.0-The New Speak." A
list of experts has been assembled with new cutting-edge communication tools and
techniques to enable them to deliver information in a timely and effective manner.
NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as
Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim December 3
and 4, 2009, as:
Florida Government Communicators A.ssociation Days
and urge all citizens to recognize the part played by government communicators in
delivering important and vital information that impacts the quality of life of all
citizens.
Attest:
£Jr-/d
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, Florida, to be affixed this 3rd
Day of December, in the Year Two Thousand and
Seven. ~ ~ll. llusso