HomeMy WebLinkAboutAgenda Council Agenda 010308Cit of Palm Beach Gardens
Y
Council A enda
g
January 3, 2008
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
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CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
January 3, 2008
7:00 P.M.
L PLEDGE OF ALLEGIANCE
IL ROLL CALL
IIL ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMNIITTEE REPORTS:
VL CITY MANAGER REPORT:
VIL COMMENTS FROM THE PUBLIC: (For Items Not on the A�enda, please submit
repuest form to the Citv Clerk prior to this Item)
VIIL CONSENT AGENDA:
a. (Staff Report on Pa�e 5, Resolution on Pa�e 32) Resolution 7, 2008 —
Maintenance Memorandum of Agreements. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida authorizing the City Manager to be the
signatory authority for Agreements related to roadway and median beautification
installation and maintenance; and providing an effective date.
IX. PUBLIC HEARINGS:
Part I — Quasi-iudicial
a. (Staff Report on Pa�e 34, Resolution on Pa�e 123) Resolution 2, 2008 -
Amendment to the Waterford/Wyndham Garden Hotel Planned Unit
Development. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida amending the Waterford/Wyndham Garden Hotel Planned Unit
Development (PUD), located approximately one-tenth of a mile South of PGA
Boulevard on the East side of U.S. Highway One, as more particularly described
herein, to allow architectural and site plan modifications, the conversion of 13
suites to rooms, and the conversion of a public restaurant to a private restaurant;
providing waivers; providing conditions of approval; and providing an effective
date.
b. (Staff Report on Pa�e 134, Ordinance on Pa�e 207) Ordinance 1, 2008 —(lst
reading) Establishment of the Parcel SA Community Development District. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
establishing the Parcel SA Community Development District pursuant to the
provisions of Section 190.005, Florida Statutes; designating the powers of the
District; and providing an effective date.
c. (Staff Report on Pa�e 216, Ordinance on Pa�e 286) Ordinance 2, 2008 —(lst
reading) Establishment of the Parcel SB Community Development District. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
establishing the Parcel SB Community Development District pursuant to the
provisions of Section 190.005, Florida Statutes; designating the powers of the
District; and providing an effective date.
Part II — Non-Quasi-iudicial
X. RESOLUTIONS:
a. (Staff Report on Pa�e 295, Resolution on Pa�e 297) Resolution 6, 2008 -
Purchase of Medtec Ambulances from Ten-8 Fire Equipment, Inc. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving the
purchase of two (2) 2008 Medtec Ambulances, Model AD-170 and two (2)
Stryker 6500 Power-Pro Cots from Ten-8 Fire Equipment, Inc., an authorized
dealer for Medtec Ambulances in the State of Florida; authorizing the Mayor and
City Clerk to execute all documents necessary to effectuate such purchase; and
providing an effective date.
XI ORDINANCES: (For Consideration on First Reading)
XIL ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. (Pa�e 340) Presentation from NextMedia and Palm Tran of Palm Beach County
regarding installation of bus shelters.
XIIL 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:
soo-9ss-s��l �TVn� o� soo-9ss-s��o �vozcE�.
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: December 14, 2007
Meeting Date: January 3, 2008
Resolution 7, 2008
SubjectlAgenda Item:
Resolution 7, 2008 authorizing the City Manager to execute Maintenance
Memorandum of Agreements between the City of Palm Beach Gardens and the Florida
Department of Transportation as well as Cost Sharing Agreements for various projects
throughout the City.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $_0_ Council Action:
(Total)
Mark Hendrickson
Christine Tatum City Forester �/�
City Attorney [ ] Approved
Planning and Zoning
Department
[ ]Approved w/
Finance Administrator conditions
fJ` A [ ] Denied
Advertised: N/A Funding Source: [] Continued to:
Date:
[ ] Operating Attachments:
Paper: • Resolution 7, 2008
[ ] Other • (Sample) Maintenance
Memorandum of
Agreement
• (Sample) Cost Sharing
Agreement
Submitted by:
Kara Irwin [ X] Not Required
Growth anagement
Admi i rator
r
De a ment Administrator Affected parties Budget Acct.#: [] None
Approve�y: [ X ] Notified N/A
Ron�ld� erri
City`M�na r [ 1 Not required
Date Prepared: December 14, 2007
Meeting Date: January 3, 2008
Resolution 7, 2008
BACKGROUND:
It is the established policy of the Florida Department of Transportation (FDOT) to issue
roadway beautification permits only to governmental entities and not to private
developers. Therefore, when the City places a condition of approval in a Development
Order which requires a developer to instalf and maintain such landscape projects, the
City must apply for the FDOT permit, even when the installation is to be performed by
the developer or its contractor.
Previously, FDOT has issued permits to the City and has not required the execution of a
Maintenance Memorandum of Agreement unless the City was actuafiy installing the
landscaping or FDOT was installing the landscaping on behalf of the City. The City
routinely enters into maintenance agreements with FDOT on various roadway
beautification projects throughout the City. The last maintenance agreement City
Council approved was earlier this year for the PGA Boulevard/I-95 interchange
landscaping FDOT was proposing with the road widening improvements.
We have been advised by FDOT recently that their policy has changed, and that they
now require the execution of a Maintenance Memorandum of Agreement with the City
before they will issue any permits, even if a private developer is performing the
installation.
The FDOT is developing a standard Maintenance Memorandum of Agreement which
will be utilized for projects with private involvement. A sample of such an Agreement is
attached, and staff has provided comments to the FDOT. Please note that although the
Agreement will obligate the City to perform the required maintenance, such obligation
will be passed on to the developer through a condition of approval.
In order to expedite the FDOT permitting process for roadway beautification projects
throughout the City, City staff is requesting that the City Manager be authorized to be
the signatory authority for Maintenance Memorandum of Agreements.
In addition, the City has available a median maintenance program whereby the City will
assume maintenance responsibilities for others upon execution of the sample Cost
Sharing Agreement (attached) as well as prepayment for all related expenses including
administration fees. It is anticipated that City staff will negotiate as many as 14
agreements within the next few months. Therefore, staff also requests the City Manager
be authorized to be the signatory authority on future Cost Sharing Agreements.
STAFF RECOMMENDATION:
Approve Resolution 7, 2008 as presented.
SECTION NO.:
REFERENCE NO:
COUNTY:
S.R. NO.:
DISTRICT FOUR (4)
MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of , 20 , by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the State of Florida, hereinafter called the DEPARTMENT and the
, a political subdivision of the State of Florida, existing under the
Laws of Florida, hereinafter called the AGENCY.
WITNESSETH:
WHEREAS, the DEPARTMENT has jurisdiction over State Road as part of the
State Highway System; and
WHEREAS, the AGENCY seeks to install and maintain certain landscape and/or other
improvements within the right-of-way of State Road as described with Exhibit B; and
WHEREAS, as part of the continual updating of the State of Florida Highway System,
the DEPARTMENT, for the purpose of safety, protection of the investment, and other reasons,
has constructed and does maintain a the highway facility as described in Exhibit A, attached
hereto and incorporated by reference herein, within the corporate limits (or unincorporated if a
County) of the AGENCY; and
WHEREAS, the DEPARTMENT, for the purpose of safety, protection of the
investment and other reasons, has constructed and does maintain the highway facilities as
described in Exhibit A attached hereto and incorporated by reference herein, within the corporate
limits of the AGENCY; and
WHEREAS, the AGENCY is of the opinion that said highway facilities that contain
landscape medians and areas outside of the travel way to the right of way line, including standard
concrete sidewalk, shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing,
litter pick-up, necessary replanting, irrigation repairs, sidewalks repairs or replacements, median
concrete repairs as needed, and inside the travel way if relevant; and
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WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY
shall maintain all improvements made by the AGENCY as well as areas within the right of way by
said improvements made at the request of the AGENCY; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution No. dated , 20 ,
attached hereto and by this reference made a part hereof, desires to enter into this Agreement and
authorizes its officers to do so,
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The AGENCY hereby agrees to install or cause to be installed certain, landscape, hardscape
irrigation and/or other improvements on the highway facilities as specified in plans and
specifications hereinafter referred to as the Project, and incorporated herein as Exhibit B.
hardscape shall mean tree grates; any standard and non-standard lighting; any non-standard
roadway, standard or non-standard sidewalk, median or crosswalk surfacing (such as, but not
limited to, interlocking pavers, stamped asphalt or stamped concrete); and any decorative free
standing wall.
(a) All plant materials shall be installed and maintained in strict accordance with sound nursery
practice prescribed by the International Society of Arboriculture (ISA); all plant materials
installed shall be Florida #1 or better according to the most current edition of Florida
Department of Agriculture, Florida Grades and Standards for Nursery Stock; and all trees
shall meet Florida Power & Light, Right Tree, Right Place, South Florida.
(b) Trees and palms within the right-of-way shall be pruned to discourage encroachment into
roadways, clear zones and sidewalks. Definition of these criteria is included in the most
current editions of FDOT Standards for Design, Construction, Maintenance, and Utility
Operations on the State Highway System.
(c) Tree and palm pruning shall be supervised by properly trained personnel trained in tree
pruning techniques and shall meet the most current standards set forth by the International
Society of Arboriculture (ISA) and the American National Standard Institute (ANSI) Part A-
300 and when in Broward County be licensed by Broward County Environment Protection
Department to perform this work.
(d) Irrigation installation and maintenance activities shall conform to the standards set forth by
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the Florida Irrigation Society (FIS) latest edition of FIS, Standards and Specifications for
Turf and Landscape Irrigation Systems.
(e) When the AGENCY is installing the Project and irrigation is to be installed, the
DEPARTMENT shall be provided accurate as-built plans of the system so if in the future
there is a need for the DEPARTMENT to perform work in the area, the system can be
accommodated as much as possible.
( fl If it becomes necessary to provide utilities (water/electricity) to the median or side areas, it
shall be the AGENCY'S responsibility to obtain a permit for such work through the local
maintenance office and the AGENCY shall be responsible for all associated fees including
monthly billing for the installation and maintenance of these utilities.
(g) All hardscape shall be installed and maintained in strict accordance with the most current
edition of the Florida Accessibility Code for Building Construction and the Interlocking
Concrete Pavement Institute (ICPI).
(h) All activities, including project installation and future maintenance operations performed on
State highway right-of-way, must be in conformity with the most current edition of the
Manual on Uniform Traffic Control (MUTCD) and FDOT Design Standards Specifications
for Road and Bridge Construction, Index 600 Series, FDOT Maintenance Rating Program
(MRP), and US DOT regulations (49 CFR part 27) implementing Section 504 of the
Rehabilitation Act (29 U.S.C. 794). The FHWA has specific American with Disabilities Act
(ADA) policies for statewide planning in 23 CFR 450.220(a) (4), far metropolitan planning
in 23 CFR 450.316 (b) (3), and the NEPA process in 23 CFR 771.105 ( fl. These regulations
require application of the ADA requirements to Transportation Enhancements Activities.
(i) The most current edition of FDOT Design Standards, Index 546 must be adhered to.
(j) Horizontal Clearance and Clear Zone as specified in the FDOT Plans Preparation Manual,
Volume l, Chapters 2 and 4 and FDOTDesign Standards, Index 700 must be adhered to.
(k) Landscape improvements shall not obstruct roadside signs or permitted outdoor advertising
signs, (see Rule Chapter 14-40, Part 1 and Part III, Florida Administrative Code [F.A.C.]).
(1) The AGENCY shall provide the local FDOT Operation Center, located at 5548 N.W. 9`n
Avenue, Fort Lauderdale, FL 33309 (954) 776-4300 or (7900 Forest Hill Blvd., West Palm
Beach, FL 33413 (561) 432-4966) or (3603 Oleander Ave., Fort Pierce, FL 34982 (772)
489-7072) a twenty-four (24) hour telephone number and the name of a responsible person
that the DEPARTMENT may contact. The AGENCY shall notify the local maintenance
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office forty-eight (48) hours prior to the start of the project.
(m) If there is a need to restrict the normal flow of traffic, it shall be done on off-peak hours (9
AM to 3 PM), and the party performing such work shall give notice to the local law
enforcement agency within whose jurisdiction such road is located prior to commencing
work on the project. The DEPARTMENT'S Public Information Office shall also be
notified.
(n) The AGENCY shall be responsible for assuring that any existing utilities within the project
limits are not impacted.
(o) The AGENCY shall follow the minimum level of maintenance guidelines as set forth in
FDOT' S Rule Chapter 14-40 Highway Beautification and Landscape Management, in the
FDOT Guide to Roadside Mowing and Maintenance Management System, and Exhibit C
Maintenance Plan for maintenance activities for landscape projects.
2. The AGENCY agrees to maintain the landscape improvements as defined as: plantings,
irrigation, and/or hardscape within the medians and areas outside the travel way to the right
of way line by periodic pruning, mowing, fertilizing, weeding, curb and sidewalk edging,
litter pickup and necessary replanting, sweeping and/or repair following the
DEPARTMENT'S landscape safety and plant care guidelines and Exhibit C Maintenance
Plan. The AGENCY'S responsibility for maintenance shall include all landscaped/turfed
areas and areas covered with non standard surfacing (hardscape) within the median and areas
within the travel way to the right of way line, including, associated header curbs and concrete
areas. It shall be the responsibility of the AGENCY to restore an unacceptable travel
condition of the roadway or sidewalk caused by the differential characteristics of the standard
and non standard surfacing and/or the header curb on Department of Transportation right-of-
way within the limits of the Project.
Such maintenance to be provided by the AGENCY is specifically set out as follows: to
maintain means the proper watering and fertilization of all plants and keeping them as free as
practicable from disease and harmful insects; properly mulching the planting beds; keeping
the premises free of weeds; mowing the grass to the proper height; properly pruning all
plants which at a minimum includes: (1) removing dead or diseased parts of plants, (2)
pruning such parts thereof to provide clear visibility to signage or for those using the
roadway and or sidewalk; (3) preventing any other potential roadway hazards. Plants shall be
those items which would be scientifically classified as plants and include but are not limited
to trees, shrubs, groundcover and sod. To maintain also means removing or replacing dead or
diseased plants in their entirety, or removing or replacing those that fall below original
project standards. All plants removed for whatever reason shall be replaced by plants of the
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same size and grade as specified in the original plans and specifications. To maintain also
means keeping the header curbs that contain the standard and non-standard surfacing
treatment in optimum condition. To maintain also means keeping the hardscape and sidewalk
areas free from weeds and repairing said hardscape as is necessary to prevent a safety hazard.
To maintain also means keeping litter removed from the median and areas outside the travel
way to the right of way line.
If it becomes necessary to provide utilities (water/electricity) to the median or side areas for
these improvements, all costs associated with accent lighting and irrigation installation,
maintenance, fees and connections as well as on-going cost of the utility are the maintaining
AGENCY'S responsibility.
The above named functions to be performed by the AGENCY may be subject to periodic
inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such
inspection findings will be shared with the AGENCY and shall be the basis of all decisions
regarding repayment, reworking, or Agreement termination. The AGENCY shall not
change or deviate from said plans without written approval of the DEPARTMENT.
The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the
Project, should the landscape improvement areas fail to be maintained in accordance with the
terms and conditions of the Agreement
3. If at any time after the AGENCY has undertaken the installation of the landscape and /or
other improvements and/or maintenance responsibility mentioned above, it shall come to the
attention of the DEPARTMENT'S District Secretary that the limits or a part thereof is not
properly maintained pursuant to the terms of this Agreement, said District Secretary, may at
his option, issue a written notice that a deficiency or deficiencies exist(s), by sending a
certified letter to the AGENCY, to place said AGENCY on notice thereof. Thereafter, the
AGENCY shall have a period of thirty (30) calendar days within which to correct the cited
deficiencies. If said deficiencies are not corrected within this time period, the
DEPARTMENT may, at its option, proceed as follows:
(a) Complete the installation, or part thereof, with DEPARTMENT or Contractor's
personnel and deduct the cost of such work from the final payment for said work or
part thereof, or
(b) Maintain the improvements or a part thereof, with DEPARTMENT or Contractor's
personnel and invoice the AGENCY for expenses incurred, or
(c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement, and
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remove, by DEPARTMENT or private Contractor's personnel, all of the landscape
improvements installed under this Agreement or any preceding Ageements except as
to trees and palms and charge the AGENCY the reasonable cost of such removal.
4. It is understood between the parties hereto that the improvements covered by this Agreement
may be removed, relocated, or adjusted at any time in the future, as determined to be
necessary by the DEPARTMENT in order that the adjacent state road be widened, altered,
or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The
AGENCY shall be given sixty (60) calendar day's notice to remove said improvements after
which time the DEPARTMENT may remove same. All permits (including tree permits),
fees, and any mitigation associated with the removal, relocation or adjustments of these
improvements are the maintaining AGENCY'S responsibility.
5. THE AGENCY at it's own expense and by permit shall install the landscape improvements
described in Exhibit B. The DEPARTMENT shall be invited to assist the AGENCY in final
inspections before acceptance of the job by the AGENCY. The DEPARTMENT shall
approve the job provided it complies with the permit.
6. This Agreement may be terminated under any one (1) of the following conditions:
(a) By the DEPARTMENT, if the AGENCY fails to perform its duties under Paragaph
3, following ten (10) days' written notice.
(b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the AGENCY in conjunction with this
Agreement.
7. The term of this Agreement commences upon execution.
8. The AGENCY is a political subdivision as defined in Section 768.28, Florida Statutes, and
agrees to be fully responsible for acts and omissions of their agents or employees. Nothing in
this agreement shall be construed or interpreted to serve as a waiver of sovereign immunity
by any party such that liability is extended beyond the limitations established by law.
Nothing herein shall be construed as consent by a state agency or political subdivision of the
State of Florida to be sued by third parties in any matter arising out of this Ageement or any
other contract.
In the event that AGENCY contracts with a third party to provide the services set forth
herein, any contract with such third party shall include the following provisions:
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(a) AGENCY's contractor shall at all times during the term of this Agreement keep and
maintain in full force and effect, at contractor's sole cost and expense, Comprehensive
General Liability with minimum limits of $1,000,000.00 per occurrence combined single
limit for Bodily Injury Liability and Property Damage Liability and Worker's Compensation
insurance with minimum limits of $500,000.00 per Liability. Coverage must be afforded on
a form no more restrictive that the latest edition of the Comprehensive General Liability and
Worker's Compensation policy without restrictive endorsements, as filed by the Insurance
Services Office and shall name DEPARTMENT as an additional insured.
(b) AGENCY's contractor shall furnish AGENCY with Certificates of Insurance of
Endorsements evidencing the insurance coverages specified herein prior to the beginning
performance of work under this Agreement.
(c) Coverage is not to cease and is to remain in full force and effect (subject to
cancellation notice) until all performance required of AGENCY's contractor is completed.
All policies must be endorsed to provide DEPARTMENT with at least thirty (30) days
notice of cancellation and or/or restriction. If any of the insurance coverages will expire
prior to the completion of work, copies of renewal policies shall be furnished at least (30)
days prior to the date of expiration.
9. The AGENCY may construct additional improvements within the limits of the rights-of-
ways identified as a result of this document, subject to the following conditions:
(a) Plans for any new improvements shall be subject to approval by the
DEPARTMENT'S District Maintenance Engineer or his designee. The AGENCY
shall not change or deviate from said plans without written approval by the
DEPARTMENT.
(b) The AGENCY shall procure a permit from the DEPARTMENT.
(c) All improvements shall be developed and implemented in accordance with
appropriate state safety and design standards;
(d) The AGENCY agees to comply with the requirements of this Agreement with
regard to any additional improvements installed at no cost to the DEPARTMENT;
10. This writing embodies the entire Agreement and understanding between the parties hereto,
and there are no other Agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby except as indicated
below (i.e., other agreements, permits, and/or leases
pertaining to the area).
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11. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, nor
enter into any contract which, by its terms, involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection is null and void, and no money may be
paid on such contract. The DEPARTMENT shall require a statement from the Comptroller
of the DEPARTMENT that funds are available prior to entering into any such contract or
other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding one year, but any contract so made shall be executory only
for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years;
and this paragraph shall be incorporated verbatim in all contracts of the Department which
are for an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) and
which have a term for a period of more than one year.
12. The DEPARTMENT'S District Secretary shall decide all questions, difficulties, and
disputes of any nature whatsoever that may arise under or by reason of this Agreement, the
prosecution or fulfillment of the service hereunder and the character, quality, amount and
value thereof; and his decision upon all claims, questions, and disputes shall be final and
conclusive upon the parties hereto.
13. This Agreement may not be assigned or transferred by the AGENCY, in whole or in part,
without the consent of the DEPARTMENT.
14. This Ageement shall be governed by and construed in accordance with the laws of the State
of Florida. In the event of a conflict between any portion of the contract and Florida law, the
laws of Florida shall prevail.
15 Any and all notices given or required under this Ageement shall be in writing and either
personally delivered with receipt acknowledgement or sent by certified mail, return receipt
requested. All notices shall be sent to the following addresses:
If to the Department:
State of Florida Department of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, FL 33309-3421
Attention: District IV Maintenance Engineer
Or his designee
If to the Agency:
City, Town, County
Address:
City, State, Zip
Attention: Contact
Title
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Exhibit A: Project Location
Exhibit B: Project Plans
Exhibit C: Maintenance Plan
Exhibit D: Project Cost
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the
day and year first above written.
AGENCY
By:
Attest:
Mayor / Chairperson
Clerk
Approval as to Form
(SEAL)
Date
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Transportation Development Director
Attest:
Executive Secretary
Approval as to Form
SECTION NO.:
Date
SEAL)
Date
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REFERENCE NO:
COUNTY:
S.R. NO.:
EXHIBIT A
I. PROJECT LIMITS OF MAINTENANCE:
State Road XX (Name) from XXX (M.P.0.00) to XXX (M.P.0.00)
IL PROJECT LOCATION MAP OF AGENCY'S MAINTENANCE BOUNDARIES:
INSERT MAP
SECTION NO.:
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REFERENCE NO:
COUNTY:
S.R. NO.:
EXHIBIT B
PROJECT PLANS
The Department agrees to install the Project in accordance with the plans and specifications
attached hereto and incorporated herein.
Please see attached plans prepared by:
Dated:
SECTION NO.:
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REFERENCE NO:
COLTNTY:
S.R. NO.:
EXHIBIT C
MAINTENANCE PLAN
This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT between the State of Florida, Department of
Transportation and the AGENCY.
Dated:
C��Docuinents.ind Se�tings,awong'Lucal Seltfngs`Tempoi��ry hiternet Pile� (`�mleni.Qutln��I,��C041\-1K�T`\1410A Boiler Pl;�tef?I.�I��c
12
MAINTENANCE PLAN
Landscape Improvements
Project State Road No(s):
Project Limits:
FM No(s):
Maintaining Agency:
Date:
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I. General Maintenance Requirements and Recommendations:
The purpose of a plan for landscape and irrigation maintenance practices is to allow the plant material
on your project to thrive in a safe and vigorous manner while fulfilling their intended purpose and
conserving our natural resources. Plantings shall be maintained to avoid potential roadway hazards
and to provide required clear visibility, accessibility, clearance, and setbacks as set forth by Florida
Department of Transportation (FDOT) governing standards and specifications: FDOT Design
Standards, FDOT Plans Preparation Manual Vol. 1, Chapter 2.11 and FDOT Standard Specifications
for Road and Bridge Construction as amended by contract documents; and all other requirements set
forth by the District 4 Operations Maintenance Engineer. The initial portion of the Maintenance Plan
describes general maintenance requirements and recommendations. The concluding section is
recommendations prepared by the Landscape Architect of Record specific to the attached approved
plans.
Watering Requirements:
Watering is a critical concern regarding the maintenance of healthy plant material and for observing
water conservation practices. The amount of water to apply at any one time varies with the weather,
drainage conditions and water holding capacity of the soil. For plant materials that have been
established, it is imperative that any mandated water restrictions be fully conformed to on FDOT
roadways.
Proper watering techniques should provide even and thorough water dispersal to wet the entire root
zone, but not saturate the soil or over-spray onto travel lanes.
Irri atg ion S s�� tem:
The Agency shall ensure there are no roadway overspray or irrigation activities during daytime hours
(most notably "rush hour" traffic periods). It is imperative the irrigation controller is properly set to
run early enough that the watering process will be entirely completed before high traffic periods as
well as adhere to mandated water restrictions. To ensure water conservation, the Agency shall
monitor the system for water leaks and the rain sensors to ensure they are functioning properly so that
the system shuts down when there is sufficient rainfall.
Page 1 of 4
Integrated Plant Management:
An assessment of each planting area's soil is recommended to periodically determine the nutrient
levels needed to sustain healthy, vigorous plant growth.
Palms, shrubs, trees and turf areas should be fertilized in such a manner and frequency to ensure that
the plant material remains healthy and vigorously growing. Establishment of an integrated plant
management program is encouraged to ensure healthy plants which are free of disease and pests.
Mulchin�:
Mulch planting beds in such a manner as to: prevent weed growth; retain moisture to the plants;
protect against soil erosion and nutrient loss; maintain a more uniform soil temperature; and improve
the appearance of the planting beds. Avoid mulch mounded up on the trunks of trees, palms, and the
base of shrubs to encourage air movement in this area which aids in lowering disease susceptibility.
Cypress mulch is prohibited on state right of way.
Prunin�:
All pruning, and the associated safety criteria, shall be performed according to American National
Standard Institute ANSI A300 standards and shall be supervised by an International Society of
Arboriculture (ISA) Certified Arborist. Pruning shall be carried out with the health and natural
growth of plant materials in mind, and to specific pruning heights maintaining clear visibility for
motorists, and vertical clearance for pedestrian, bicyclist, and truck traffic where applicable.
Visibility windows must be maintained free of view obstructions and all trees and palms (with
particular attention to fronds and fruit) maintained to prevent potential roadway hazards. The specific
pruning heights are determined by understanding the designer's intent when selecting and placing the
plants. The intended mature maintained height and spread of plants should be noted on the planting
plans. (See Specific Requirements and Recommendations per Approved Landscape & Irrigation
Design for these guidelines). The understory plant materials selected for use within the restricted
planting areas (Limits of Clear Sight) are to be maintained at a height in compliance with FDOT
Design Standards Index 546, Page 6 of 6, Window Detail.
Stakin� and Guyin�
All staking materials, except for replacements, are removed by the completion of FDOT warranty
period or at one year (whichever comes first). Any subsequent staking and guying activities by the
Agency must adhere to FDOT Design Standards guidelines (See Index 544). The Agency shall
closely monitor staking and guying attachment materials so that they are securely fastened to avoid
potential roadway hazards.
Turf Mowin�:
All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a deep, healthy
root system while providing a neat and clean appearance to the urban landscape.
Litter Control:
The project site shall remain as litter free as practicable. It is recommended to recycle this litter to
avoid unnecessary waste by its reuse.
Weeding/Herbicide:
All planting areas shall be maintained as weed free as practicable enlisting integrated pest
management practices in areas specified on the plans and by maintaining proper mulch levels.
Page 2 of 4
Extreme care is recommended if using a chemical herbicide to avoid overspray onto plant materials.
Any damage resulting from overspray is the applicator's responsibility to restore the plantings to the
approved plans.
Plant Re,placement:
Plant replacement shall be the same species and specification as the approved plan. Only plants
graded Florida #1 per the Florida Department of Agriculture and Consumers Services, Grades and
Standards for Nursery Plants is permitted on FDOT roadways. Should it become necessary to change
the species, a general use permit is required from FDOT for approval by the FDOT District
Landscape Architect.
Hardscape (Specialty Surfacing):
All specialty pavers shall be maintained in such a manner as to prevent any potential tripping hazards
and protect damage to the pavers. Final surface tolerance from grade elevations shall, at a minimum,
meet the most current Interlocking Concrete Pavement Institute (ICPI), Section 23 14 13 Interlocking
Concrete Pavers, Part 3.05. If the pavers become damaged they shall be replaced with the same type
and specification as the approved plan. Synthetic Turf shall be maintained free of weeds and debris
and must be promptly replaced if the surfacing is damaged.
Hardscape (Landscape Accent Li�,hting)
Landscape accent lighting shall be maintained in such a manner as to prolong the life of the lighting
fixture and prevent potential safety hazards. If the lighting fixtures and their system become
damaged, they shall be replaced with the same type and specification as the approved plan.
Maintenance Traffic Control
Reference the FDOT website regarding the selection of the proper traffic control requirements to be
provided during routine maintenance and / or new installations of this DOT roadway.
Website: Series 600 Traffic Control through Work Zones
htt�://www.dot.state.fl.us/rddesi Desi�,nStandards/Standards.htm
II. Specific Site Maintenance Requirements and Recommendations:
(This section is reserved for the R.L.A. of Record to inform the Agency of specific information to
maintain the design intent. As a way of guiding maintenance personnel, the landscape architect's
intent for selecting and placing each plant, and each plant's intended care to ensure that intent should
be noted in the maintenance plan without using prescriptive language. Intent may be screening
objectionable views, seasonal color, erosion control, enhancing drainage ponds, framing a view or
vista, natural area restoration. Intended maintenance may be to maintain full foliage, maintain natural
habit, maintain clear trunk per FDOT safety criteria, etc).
Page 3 of 4
REFERENCES
American National Standard (ANSI) A300, Tree Care Operations — Trees, Shrub, and Other Woody
Plant Maintenance — Standard Practices (Pruning) available for purchase @
htt�://webstore.ansi.org/ansidocstore/find. asp?
Florida Department of Agriculture, Florida Grades and Standards for Nursery Stock
http://www.doacs. state.fl.us/pi/plantinsp/publications.html
Florida Department of Transportation, 2006 FDOT Design Standards Landscape Installation
http�l/www dot.state.fl.us/rddesiqn/rd/RTDS/06/544.pdf
Florida Department of Transportation, 2006 FDOT Sight Distance at Intersections
htt�//www.dot.state.fl.us/rddesiqn/rd/RTDS/06/546.pdf
Florida Department of Transportation, FDOT Plans Preparation Manual Yol. I, Chapter 2.11 (PPM)
htt�•//www co palm-beach fl us/mpo/librarX/fdot/fdot desi�,n.htm
Florida Department of Transportation, FDOT Standard Specifications for Road and Bridge
Construction, Section 580-Landscape Installation
http://www.dot.state.fl.us/specificationsoffice/J uIv06W B/5800000SS. qdf
Florida Department of Transportation, Landscape Architecture Website
httq://www.dot.state.fl.us/emo/beauty/FLA. htm
Interlocking Concrete Pavement Institute (ICPI)
htt�://www.icpi.or�/ http://www.fisstate.org
International Society of Arboriculture (ISA)
www.isa-arbor.com
Manual on Uniform Traffic Control Devices
htt�: //www.mutcd. fhwa. dot. gov
Florida Irrigation Society
http://www. fisstate.or�
Florida Accessibility Code
htt��//www dca.state.fl.us/fbc/information/accessibilit .�
Guide to Roadside Mowing and Guide to Turf Management available for purchase @
http�//infonet dot state fl us/SupportServicesOffice/plist.htm
Page 4 of 4
SECTION NO.:
REFERENCE NO:
COUNTY:
S.R. NO.:
EXHIBIT D
PROJECT COST
This Exhibit forms an integal part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT between the State of Florida, Department of
Transportation and the AGENCY.
Dated:
APPROXIMATE PROJECT COST: $
C:���Ducunirnt�:ind Settings��nwon�'�Locul Setting.�� f�mpor:in� fn(�rnct I��ile, C���nttm.O�itlook CE)dIMK?T't1ti1O,4 B��iler Plate (31-d��c
13
COST SHARING AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Paim Beach
Gardens, a Florida municipal corporation ("City"), whose address is 10500 North Military
Trail, Palm Beach Gardens, Florida 33410, and , a
. whose address is
. Attention: ("Developer").
WHEREAS, the Developer or its successors and assigns are required by Section
of , 20_, known as the Development Order for
, to comply with all requirements of the Roadway Beauti�cation and Enhancement
Plan established by the City; and
WHEREAS, the City established the Roadway Beautification P[an by Ordinance 36,
2002 and codified in the Land Development Regulations as Section 78-324, entitled
"Roadway Beautification Plan"; and
WHEREAS, the City's Roadway Beautification Plan, Section 78-324(e) requires the
Developer and its successors or assigns to `be responsible for the roadway landscape
maintenance, including irrigation, for those roadway areas outlined in Section of
, 20_; and
WHEREAS, the City has agreed to perform maintenance activities within the medians
adjacent to , as identified in Exhibit "A" (Project Area), attached
hereto and incorporated herein by reference, and the Developer has agreed to reimburse the
City for the costs of such mair�tenance activities, and
WHEREAS, both parties seek to elarify and specify the obligations of each party with
respect to such acti�tities,
NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter
set forth and other goQd, and valuable consideration, the receipt and sufficiency of which is
hereby,aCkndv�rkedged, the L7'eveloper and the City agree as follows:
ARTICLE 1.
Each party repr�sents that it has the authority to enter into this Agreement, and upon
execution, the Agreem�nt shall constitute a legally binding obligation.
ARTICLE 2. SeOPE OF SERVICES
A. Prior to City commencing maintenance activities pursuant to this Agreement,
the City will perForm inspections to ensure all required plant material is in place and in
relatively good condition. The Developer shall replace any and all plant material deemed
unacceptable by the City.
B. The Developer will be responsible for supplying the medians with a sufficient
water supply for the City to maintain the planting within the medians depicted on Exhibit "A."
The irrigation system must be controlled by a segregated time clock and control valve located
within a public right-of-way or easement dedicated to the City for public use. The Developer
shall be responsible for segregation of the time clock and all associated costs. The Developer
shall also be responsible for the maintenance of the irrigation system from the control valve to
the water source, together with its pump(s), in order to supply the water needed by the City
for the Exhibit "A" median strip. The City is responsible for maintaining the irrigation system
from, and including, the control valve to the median strip. The City will irrigate said medians
in accordance with South Florida Water Management District's guidelines and/or approved
industry standards.
C. Prior to City commencing maintenance activities purs�tant to this Agreement,
the Developer shall certify to City that the irrigation systems n�cessary tQ support the
landscaping in the Project Area have been installed and are 'operational. To the extent
possible, Developer shall provide an electronic copy of the as-built; plans to the City in a
CADD format and hardcopy. The City shall begin maintenance of the Project Are� "within
thirty (30) days of the receipt of such certification.
D. City shall provide landscape maintenance services within the Project Area
under the terms and conditions of this Agreement �nd in accordance with the landscape
maintenance standards as determined by the Gity in its sole and unfett�red discretion.
E. In the case of a naturat disaster, such as a hurricane or tornado, or other such
event that causes damage within the Project Area, the Developer will be responsible for its
proportionate share of the replacement �c�sts, as specified in Exhibit B, for all damaged
landscaping and irrigation. A timefram� for replacement will be determined by the City upon
such occurrence.
ARTICLE 3. COMPENSATION
A. The Developer shall pay to the City the base amount of $ for
the first year of this Agreeme,nt beginning October 1 through September 30 (or a pro-rated
share if this Agreemerti is effective after October 1) to perform the landscape maintenance
services outlined in Article 2� based on the City's current contractual rate of $0.14 per square
foot for lanciseape mai►�tet�ance, $0.05 per square foot for concrete areas, and $0.37 per
square foot for irrigation maintenance, estimated water usage (if applicable), and 10°/a
landsc�pe replac�ment �nd administration charge, as more particularly described in the
Mediart Mait�t�r��nce �ost Estimate attached hereto and by this reference incorporated
herein as �xhibit "B".
B. I�t the �vent the City's rates change at any time due to any reason, the charges
will be readjusted to reflect the new amounts. The City will notify the Developer thirty (30)
days in advance of the readjusted charges with the revised annual base amount, and provide
an invoice or credit, whichever is applicable, for the time the new rates are in effect unti{ the
end of that year.
C. The City shall monitor and keep accurate records of all irrigation repairs
performed by the City's landscape maintenance contractor and/or City staff that incur costs
above and beyond the annual landscape maintenance fee. The City shall provide the
Developer with prior notice before performing any extraordinary irrigation repairs needed,
E
such as a pump replacement, in the Project Area or which have a direct impact on such
areas, and expenses therefore will be reimbursed to the City by the Developer.
D. In each subsequent year of this Agreement, the Developer shall pay to the City
the annual base amount which the City pays to its landscape maintenance contractor,
irrigation maintenance fees, estimated water usage charges (if applicable), and a 10%
landscape fund charge and administration fee. Should the City contract with another vendor
for annual landscape maintenance, which pricing differs from the current amount, the City will
notify the Developer in writing prior to the new contract execution_ �nd renegotiate the
following year's maintenance costs with the Developer.
ARTICLE 4. INVOICES AND PAYMENT
A. Invoices
The City shall submit invoices to the Developer on an annual basis for 1)
advance payment for landscape maintenance services, and 2) prior year's
extraordinary irrigation repair services, if applicable. '
B. Pavment
The Developer shall pay each invoice within thirty (30) days of receipt. All
payments must be submitted tca /s►ftention: Accounts Receivable, City of Palm Beach
Gardens Florida, 10500 N. Military Trail, Palm Beach Gardens, FL 33410.
ARTICLE 5. TERM AND TEI�MINATION
This Agreement shall become effective upon full execution and continue to September
30, 20 ("OrigiMal Term Expiration°). The Agreement may be renewed by mutual
agreement of the p�ir#ies for additional' five (5) year periods ("Additional Term"). The
Developer shall notify the City in writing of its desire to extend the Agreement on or before
January 1�� a�f the calentt�r year the Agreement or Additional Term(s) expire.
This Agreernent m�y be terminated by either party, with or without cause, upon
providing ninety (90} tl�ys' prior written notice to the other party. Unless the City is in breach
of this Agreement, the C�eveloper, its successors, or assigns shall pay the City for services
rendered through the date of termination in accordance with the terms of this Agreement.
Upon termin�ti�r� of this Agreement, maintenance responsibility for the Project Area,
including landscapi'ng and irrigation, shall revert back to the Developer. If the Developer has
paid for services in advance as required under Article 4 herein and this Agreement is
terminated, the City agrees to reimburse the Developer for any advanced payment pro-rated
up to the date of termination.
ARTICLE 6. INDEPENDENT CONTRACTOR
The parties recognize and agree that the City is an independent contractor and not an
agent or servant of the Developer. Nothing set forth in this Agreement shall prohibit the City
from contracting with third parties to perForm the services contemplated by this Agreement.
3
ARTICLE 7. MISCE�LANEOUS PROVISIONS
A. Notice Format. All notices or other written communications required,
contemplated, or permitted under this Agreement shall be in writing and shall be hand
delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid),
return receipt requested, to the following addresses:
As to the City: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida
Attn: City Manager
Facsimile: (561) 799-4111
with a copy to: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Ftorida 33410
Attn: City Attorney
Facsimile: (561) 799=4139
As to the Developer:
Attn:
Facsimiie: (_)
B. Entire Aqreement. This Agreement constitutes the entire understanding and
agreement between the parties wfth respect to'#he subject matter hereof.
C. Binding Effe�fi. All of fhe terms and provisions of this Agreement, whether so
expressed or not, sh�afl, be birlt�ing uport, inure to the benefit of, and be enforceable by the
parties and their res�ectiv� fegal representatives, successors, and permitted assigns.
Further, sht�ttld other pt�oj�cts within'this development be added by the Developer or its
agent� �nd assigns, this Agreement shall be binding upon such future development.
D: �everabilitv. Ifi any part of this Agreement is contrary to, prohibited by, or
deemed in�alid under �pplicable law or regulation, such provision shall be inapplicable and
deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof
shall not be invalid�at�tl`thereby and shall be given full force and effect so far as possible.
E. Governinq Law and Venue. This Agreement and all transactions contemplated
by this Agreement shaN be governed by, and construed and enforced in accordance with, the
laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of
all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida,
and each party hereby waives whatever its respective rights may have been in the selection
of venue.
�
F. Headinqs. The headings contained in this Agreement are for convenience of
reference only, and shall not limit or otherwise affect in any way the meaning or interpretation
of this Agreement.
G. Effective Date. The effective date of this Agreement shall be as of the date it
has been executed by both the parties hereto.
H. Construction. The parties acknowledge that each has
drafting and preparation of this Agreement, and accordingly, no C
Hearing Officer construing this Agreement shall construe it more str
�ed equally in the
or Administrative
against one party
than the other, and every covenant, term, and provision of this Agr�ement shalf be construed
simply according to its fair meaning.
I. Attornev's Fees. It is hereby understood and agreed that, in the event any
lawsuit in the judicial system, federal or state, is brought to enforce ct�mpliance with this
Agreement or interpret same, or if any administrative proceeding is brought �or the same
purposes, the non-prevailing party pay to the prevailing party reasonable attorney's fees and
costs, including appellate fees and costs.
J. Insurance and Indemnification. 'The City is; a governrnental entity governed by
the provisions of Section 768.28, Florida Sfiatutes. The City rnaintains comprehensive
general liability insurance coverage and agrees to' furnish a certificate evidencing such
coverage to the Developer. The Dev�loper agrees to indemnify and hold the City harmless
from any and all matters, claims, lawsuits, or other matters resulting from the Developer's
negligence, gross negligence, willful, or wanton acts resulting from this Agreement.
The City further agrees fhat to the extent that if it contracts for any of the work required
hereunder, it shall provide the Develope� with proof of insurance from its contractor or
subcontractor and,' to the extent possible, the City shall endeavor to have the Developer
named as an additiar►al iMSUred under such policies.
K. Mainten�nee. �To the extent that any other party desires to maintain the
medians Ct�r�ternplated herein and to the extent that such party is required to make a financial
contrikiution that would result in a reduction of the Developer contribution required herein, the
partieS hereto agre� to renegotiate in good faith an amount associated with such reduction.
L. Assiqnm�nt. The Developer shall have the right, in its sole discretion, to assign
or transfer any of its �ights and obligations under this Agreement to its successor in interest
without the cons��t �f fhe City.
(The remainder of this page left intentionally blank)
5
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereinafter written. �
Executed by the City this
[SEAL]
ATTEST:
�
day of , 200
CITY OF PALM BEACH GARDENS, FLORIDA
:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Joseph R. Russe�,'Mayor
By:
Christine P. Tatum, City Attorney
Executed by tf�� Qeveloper this, day of
By:
Print Name:
Title:
WITNESS: `
By� :
�
Printed Name: '
By:
Printed Name:
[CORPORATE SEAL)
\\pbg�le\Community_Services\awong\Forms\Cost Sharing Agreement SAMPLE.doc
��
200
EXHIBIT "A"
EXHIBIT "B"
Seasons 52 Median Maintenance Cost Estimates
EXHIBIT B
Annual cost Total Annual Annual cost Total
Total SF per SF Maintenance Cost per SF Main�
Landscaping Landscaping Irrigation Irri�
PGA Blvd.
Median #1 Vegetation 915 $0.14 $128.10 $0.37 ,,
100% Share 915 $128.10
Median #1 Concrete 752 $0.05 $37.60
100% Share 752 $37.60
`` 70%
''' Landscape
Fund &•:,.
Administra#ii
GRAND
TOTAL
$338.55
$338.55 $46.67 $ 513.32
$3.76 $ 41.36
Annual Total $ 554.68
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Date Prepared: December 14, 2007
RESOLUTION 7, 2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER
TO BE THE SIGNATORY AUTHORITY FOR AGREEMENTS
RELATED TO ROADWAY AND MEDIAN BEAUTIFICATION
INSTALLATION AND MAINTENANCE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City requires developers of projects within the City to be
responsible for roadway and median landscape installation and maintenance as
outlined in the City of Palm Beach Gardens' Roadway Beautification and Enhancement
Plan; and
WHEREAS, under certain circumstances, the City of Palm Beach Gardens and
the Developer will enter into an Agreement for the City to maintain landscaping in
certain medians and the developer will reimburse the City for the maintenance of the
landscaping; and
WHEREAS, the Florida Department of Transportation (FDOT) will only issue
roadway beautification permits to governmental entities, such as the City of Palm Beach
Gardens; and
WHEREAS, the City of Palm Beach Gardens routinely enters into maintenance
agreements with FDOT on various projects throughout the City; and
WHEREAS, the City and FDOT desire to clarify and delineate installation and
maintenance responsibilities for roadway beautification improvements on privately-
installed projects throughout the City; and
WHEREAS, in order to expedite the FDOT permitting for both private and City
roadway beautification projects, and to ensure that Developers enter into Agreements to
ensure reimbursement for any City expenses, the City Manager shall be authorized to
be the signatory authority for Cost Sharing Agreements and FDOT Maintenance
Memorandum of Agreements; 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
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Date Prepared: December 14, 2007
Resolution 7, 2008
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby authorizes the City Manager to be the
signatory authority for Cost Sharing Agreements and FDOT Maintenance Memorandum
of Agreements.
SECTION 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this
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
day of
��:
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
AYE NAY ABSENT
G:\attorney_share\RESOLUTIONS\fdot MOA A1A-reso 7 2008.docx
2
-CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 28, 2007
Meeting Date: January 3, 2008
Resolution 2, 2008
Subject/Agenda Item:
Resolution 2, 2008: Waterford/Wyndham Garden Hotel Planned Unit Development
(PUD) Amendment
Public Hearing & Consideration of Approval: A request by Cotleur & Hearing, Inc., on
behalf of Pinnacle Hospitality, Inc., to amend the Waterford/Wyndham Garden Hotel
PUD to allow architectural and site plan modifications; the conversion of 13 suites to
rooms; and the conversion of a public restaurant to a private restaurant. The 1.85-acre
parcel is located on the east side of U.S. Highway One, approximately one-tenth of a
mile south of PGA Boulevard.
[ X] Recommendation to APPROVE with conditions and one waiver
[ ] Recommendation to DENY
Reviewed by:
City Attorney:
Christine P. Ta m, s.
Development Compliance:
C✓
Bahareh Wolfs, AICP
Planning Manager:
Jeffrey Johnson
Growth anagement
Admini t atoc:
Kara Irwin, AICP
Approved By:
City Manage� /j —
=� %
Originating Dept.:
Growth Management
Project
Manager:
Jackie Ho o an, AICP
Planner
[X] Quasi — Judicial
[ ] Legislative
[X] Public Hearing
Advertised:
[ X ] Required
Date: Dec. 19, 2007
Paper: Palm Beach
Post
Property Posted
w/Sign:
Date: Aug. 13, 2007
Affected parties:
X] Notified
[ j Not Required
Finance:
N/A
Allan Owens
Administrator
: . .
!J
Ketty Labossie�re
Fees Paid: [ X ] Yes
City Council Action:
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denia!
City Council Action:
[ ] Approved with
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 2, 2008
Applicant Narrative
Parking Study Excerpt
Location Map
Color Rendering
Plans
Ordinance 13, 2005
Resolution 44, 2005
Ordinance 14, 1996
Ordinance 18, 1992
Ordinance 53, 1988
Date Prepared: November 28, 2007
Meeting Date: January 3, 2008
Resolution 2, 2008
EXECUTIVE SUMMARY
This is a request for approval of a 2,436 square-foot lobby addition that will connect the
two existing buildings of the Waterford/Wyndham Garden Hotel located at 11360 U.S.
Highway One. The proposal includes a new covered drop-off area with a bypass lane.
Also included is the conversion of 13 suites to rooms, which will increase the number of
rooms from 77 to 90. This is the same number of rooms previously approved prior to
the conversion of some rooms to suites. The existing restaurant will change from public
to private use and is intended for use by hotel guests only. Also included are minor site
plan modifications and a new landscaped courtyard. In addition, a new exit for
emergency vehicle use only is proposed on the north end of the site. Four waivers were
previously approved through the adoption of Resolution 44, 2005. With this petition, the
applicant is requesting one additional waiver to continue the use of an existing non-
compliant loading zone.
On August 20, 2007, the applicant met with members of the Twelve Oaks Condominium
Association in order to explain the proposed changes. Attached are minutes of that
meeting as submitted by the agent, Cotleur & Hearing.
At a public hearing on August 28, 2007, the Planning, Zoning, and Appeals Board
reviewed the subject petition and voted 7-0 to recommend approval to the City Council.
Staff recommends approval, with conditions and one additional waiver.
BACKGROUND
On February 16, 1988, the City Council adopted Ordinance 53, 1988 approving the four-
story Garden Suites Hotel PUD with a total of 90 rooms. On February 21, 1991, the
City Council approved Resolution 22, 1991, which allowed an additional building sign for
the hotel. On August 6, 1992, the City Council adopted Ordinance 18, 1992, which
allowed the construction of a swimming pool facility.
On November 21, 1996, the City Council adopted Ordinance 14, 1996, which approved
the demolition of a bank on the property, and also approved construction of a 7,507
square-foot two-story, ancillary building with an underground parking garage. The uses
permitted in the ancillary building included meeting space, professional office, and a
continental breakfast service for hotel guests.
On May 5, 2005, the City Council adopted Ordinance 13, 2005, which amended
Ordinance 53, 1988, Ordinance 18, 1992, and Ordinance 14, 1996, and also transferred
the site plan and related conditions to Resolution 44, 2005. This resolution approved, in
part, the restaurant use and allowed 13 suites, which reduced the number of hotel
rooms from 90 to 77.
Previously, outdoor seating and outdoor musical entertainment associated with the
��
Date Prepared: November 28, 2007
Meeting Date: January 3, 2008
Resolution 2, 2008
public restaurant had been a concern of the Twelve Oaks residential community located
immediately east of the site within unincorporated Palm Beach County. Three
conditions prohibiting these activities were included in Resolution 44, 2005. On August
20, 2007, the applicant met with members of the Twelve Oaks Condominium
Association and explained that these conditions would remain in effect. Attached are
minutes of that meeting as submitted by the applicanYs agent, Cotleur & Hearing.
LAND USE & ZONING
The subject site has a future land-use designation of Commercial (C), and it is zoned
Planned Unit Development (PUD) Overlay with an underlying zoning of General
Commercial (CG-1). Please see Table 1 for adjacent property uses and zoning
designations.
CONCURRENCY
Traffic
The Palm Beach County Traffic Division has reviewed the traffic statement for the
proposed modifications to the hotel and has determined that these changes do not have
a significant impact on the adjacent roadway network. The build-out date for the project
is December 31, 2008.
Drainaqe
A drainage statement from the applicant states the surface water storage will remain the
same for all areas of the site, except the proposed building addition and the proposed
landscape courtyard area. The overall pervious/impervious areas are consistent, and
the storage volumes for the proposed site development will exceed that which currently
exists on the site.
PROJECT DETAILS
Access
The subject site currently has a two-way entry driveway for ingress and egress to the
site. A second exit, which will be grassed and stabilized, for emergency use is
proposed at the north end of the site. Because of the addition of the lobby structure,
minor vehicle area modifications are necessary.
Parkinq
Section 78-345 of the Land Development Regulations requires 1.1 parking spaces per
hotel room (90 rooms x 1.1 = 99), plus 1 space for each 100 square feet of ineeting
space (2,366 s.f./100 s.f. = 24), for a total of 123 required parking spaces. The proposed
3
Date Prepared: November 28, 2007
Meeting Date: January 3, 2008
Resolution 2, 2008
site plan provides 99 parking spaces, including 14 spaces within the underground
parking garage. A parking study dated June 19, 2004, by Kimley-Horn and Associates
demonstrates, in part, that the maximum parking demand is only 91 parking spaces and
that the parking lot is never fully occupied.
With the previous approval, a condition required that the number of hotel rooms be
reduced from 90 to 77. The applicant achieved this by converting some rooms to suites.
In addition, no outside meetings, such as banquets or receptions were permitted on site.
The meeting room area was required to be converted to a multi-purpose space to be
utilized for hotel guests, and this space was limited to lobby space, storage, an exercise
area, or to address the needs of guests staying at the hotel.
With this current application, the applicant is proposing a shared-parking scenario for
the meeting room area, so that outside meetings, receptions, or banquets may be held
between the hours of 8 a.m. and 11 p.m. A condition is being included which states the
City shall perform, at the cost of the Applicant, an annual parking study to determine
actual parking demand at the site. The actual demand will be compared to the actual
supply to determine if the provided parking supply is adequate to accommodate existing
demand. Should the parking study show that available parking is 90% or more
occupied, the Applicant shall limit meeting rooms to hotel guests only, with no outside
events, such as banquets or receptions, allowed.
Also, a condition is being provided that allows no general public restaurant, bar, or
lounge use on the premises. No newspaper or other media advertising shall be
allowed, and no signage which advertises a restaurant, bar, or lounge shall be allowed
that is visible from a public right-of-way.
Landscaping
A landscape plan has been provided that utilizes both existing and new landscaping
materials consisting of ornamental trees, palms, large and medium shrubs and accent
plants, vines, and groundcovers. In order to accommodate the site modifications, some
existing trees and other landscape materials will be relocated to other areas on site.
Additional landscape materials are being added, which will supplement the existing
plantings within the buffers and along the building foundations.
A new landscaped courtyard east of the proposed lobby building will consist of 2' x 2'
square pavers with 6" sod between the pavers. A new fountain and an 8-foot wall will
provide privacy at the east end of the courtyard. In addition, a landscaped buffer and a
6-foot high privacy wall already exist along the east property line, which provide visual
and sound barriers between the site and the Twelve Oaks condominium development.
The landscape plan has been reviewed by the City Forester, who states that all
outstanding issues have been addressed.
�
Date Prepared: November 28, 2007
Meeting Date: January 3, 2008
Resolution 2, 2008
Architecture
The architecture of the new connecting lobby structure will continue the "Spanish
Mediterranean" theme and character of the two existing buildings. The new drop-off
area will feature a portico with columns and a tower feature, which the applicant states
has been designed to contribute to a"sense of presence" on U.S. Highway One. The
building body color will be Sherwin Williams "G0145 Optima Yellow" with "OC90
Harvest Gold" trim and white accents. The earth tones of the tile roofs will be continued
with the new addition.
Siqnaqe
There is an existing monument sign at the main entry to the site. No additional signage
is being proposed with this petition. Because the restaurant area is intended for hotel
patrons only, no signage for such functions will be allowed on the existing monument
sign.
Previously Approved Waivers
The following four waivers were approved previously through the adoption of Resolution
44, 2005:
1. Section 78-344, Construction and maintenance, to allow for 53, 9.5-foot wide
parking spaces.
2. Section 78-153, Nonresidenfial zoning district regulations, to allow for a 41-foot
front building setback.
3. Section 78-153, Nonresidential zoning district regulations, to allow for a building
height of 50 feet.
4. Section 78-153, Nonresidential zoning district regulations, to allow for an eight-
foot wide landscape buffer adjacent to residential.
The applicant requests the above waivers be continued and that one additional waiver
be approved regarding a reduction in size of the existing, non-compliant loading zone,
as indicated in the table below.
Additional Waiver Requested
Code Section Required Provided Waiver Discussion
Section 78-362: 12' x 35' 10.5' x 32.5' 1.5' x 2.5' (1) Approval
Loading Space Size
5
Date Prepared: November 28, 2007
Meeting Date: January 3, 2008
Resolution 2, 2008
(1) The applicant is proposing to continue the use of the existing, non-compliant
loading space, which has served the site without apparent incident since the
previous approval. It is staff's opinion that the applicant has justified this waiver
by providing an innovative architectural design and by providing the additional
landscaping and courtyard amenity. Sfaff has no objection to this waiver request.
DEVELOPMENT REVIEW COMMITTEE (DRC) COMMENTS:
All certification issues have been addressed by the applicant.
PLANNING, ZONING, AND APPEALS BOARD COMMENTS:
At a public hearing on August 28, 2007, the Planning, Zoning, and Appeals Board
reviewed the subject petition. Discussion focused mainly on the elevation plans and the
wording of the existing condition No. 30. This condition pertains to the use of the
restaurant facilities by hotel patrons only. The Board voted 7-0 to recommend approval
to the City Council.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 2, 2008, with conditions and one
additional waiver.
jholloman/case files/Wyndham akaWaterford/Staff report PUDA-07-03-00005 CC.doc
6
Date Prepared: November 28, 2007
Meeting Date: January 3, 2008
Resolution 2, 2008
TA�
EXISTINC Zf�NING AND LAfND USE DESIGNATIONS '
EXISTING USE ZONING LAND USE
Subiect Property Planned Unit Development/ Commercial
Waterford/Wyndham General Commercial
Garden Hotel (PUD/CG-1)
North General Commercial Commercial
Wendy's Restaurant �CG-1)
South Planned Unit Development/ Professional Office
The Towers Office Professional Office
Building (PUD/PO)
West Planned Unit Development/ Commercial
Highway U.S. Highway General Commercial
One & Bank
(PUD/CG-1)
East
Twelve Oaks Residential High — Palm Residential High —
Condominiums Beach County Palm Beach County
Date Prepared: November 28, 2007
Meeting Date: January 3, 2008
Resolution 2, 2008
TAB E 2
Ct)�I�ISTENCY V1�fTH THE CC�U�
Code Requirement Proposed Plan Consistent
Minimum Site Width 300.8 feet Yes
100 feet: (measured at front
building setback line)
Maximum Building Lot
Coverage: 35%
Maximum Building Height:
36 feet
Setbacks:
Front: 50 feet
Side: 15 feet
Rear: 15 feet
Parking Spaces
Required:
124
Loading Space:
12'x35'
Parking Space Size:
10' x 18.5'
Landscape Buffer
Adjacent to Residential:
15-foot
20.81 %
50 feet
Front: 45.7'
North Side: 53.8'
South Side: 59.5'
Rear: 52.7'
99 spaces
10.5' x 32.5'
9.5' x 18.5'
7-foot
:
Yes
Waiver previously
approved
Waiver previously
approved for 41-foot front
setback
Shared parking scenario
& annual parking study
to be conducted for 3
years
Waiver is being
requested
Waiver Previously
Approved
Waiver Previously
Approved
Cotleur &
�-Iearing
Introduction
February 26'h, 2007
Revised November 30, 2007
Windsor Gardens Hotel
(a.k.a. Waterford Hotel) t �; �,: - - .,
Site Plan Amendment � � "
Justification Statement NOV 3 01007
a u.
. . . .,.:;,
The 1.85-acre property located on U.S. Highway 1 in the City of Palm Beach Gardens is currently
approved for a 77 room hotel and a+j-1,700-square foot restaurant open to the public. The
property was recently sold to Pinnacle Hospitality who would like to return the site to its original
approval of straight hotel with no public restaurant use. The applicant is requesting a major
amendment to a PUD to permit 90 hotel rooms and hotel accessory uses. The applicant is also
proposing several upgrades to the subject property to improve the current site conditions. The
upgrades included within this request are:
1. Structural addition between existing buildings to provide for new entry, central lobby
and drop-off area
2. Fa�ade improvements to existin� buildings
3. New courtyard to be located between existing buildings as site amenity
4. Minor vehicular area modifications
5. A second emergency exit to U.S. Highway 1
Specific Requests and Fees
PCD or PUD Amendment $2,250.00
Total Fees $2,250.00
APPLICANT
Pinnacle Hospitality
Attn: Jim Geiger
11231 US Highway 1, Suite 381
Pa1m Beach Gardens, FL 33401
�Cotleur&
Hearing
,.,.� , ..,,. a. �...
Windsor Gardens Site Plan Amendment
2.26.07 Ju,stification Statement
Project Team
AGENT / PLANNER / LANDSCAPE ARCHITECT
Cotleur & Hearing, Inc.
Attn: Don Hearing / Alessandria Kalfin
1934 Commerce Lane, Suite 1
Jupiter, Florida 33458
P: 561-747-6336 ext. 128
F: 561-747-1377
ARCHITECT
Ames Design International
Attn: Shane Ames
203 Dixie Boulevard
Delray Beach, FL 33444
P: 561-274-6444
F: 561-274-6449
CIVIL ENGINEER
Michael B. Schorah & Associates, Inc.
Attn: Martha Carter
1850 Forest Hill Blvd, Suite 206
West Palm Beach, FL 33406
P: 561-968-0080
F: 561-642-9726
TRAFFIC ENGINEER
Kimley-Horn & Associates, Inc.
Attn: Adam Kerr
4431 Embarcadaro Drive
West Palm Beach, FL 33407
P: 5 �61-840-0874
F: 561-863-8175
General Project Description
The subject property is a 1.85 acre property located on the east side of U.S. Highway 1, just
south of the PGA Boulevard intersection. The property possesses a Commercial PUD zoning
designation and consistent Commercial comprehensive land use designation. The parcel is
surrounded by properties with compatible commercial land use and zoning designations with
the exception of the property to the east, which is located within unincorporated Pa1m Beach
County and holds the Twelve Oaks Condo community. The most recently approved site plan
permitted a 77 room hotel and a+/-1,700-square foot restaurant open to the public. The
property was recently sold to Pinnacle Hospitality who would like to return the site to its original
approval of hotel and hotel accessory uses only. Pinnacle Hospitality, the applicant, is also
�Cotleur&
Hearing
,.,. , .....,, v...
2
Windsor Gardens Site Plan Amendment
2.26.07 Justifrcation Statement
proposing several upgrades to the hotel property to improve the current conditions of the run-
down business.
The Applicant is proposing to make an amendment to the currently approved site plan for the
1.85 acre parcel. The modifiicatians with the request include:
1. Closing the restaurant to the public (non-hotel guests)
2. The addition of thirteen (13) hotel rooms
3. An additional structure and courtyard on the ground floor to connect the existing
buildings
4. Fa�ade improvements to existing buifdings
5. Minor vehicular area modifications
6. A second emergency exit to U.S. Highway 1
The overall square footage of the hotel structure is to remain the same; the applicant is
eliminating hotel suites to attain the thirteen additional hotel rooms. The addition between the
two existing structures will be for lobby and concierge space, an essential element of the hotel
business. The area that was previously used for the public restaurant is now proposed to be
used as restaurant for hotel guests only. The new emergency exit onto U.S. Highway 1 has been
provided for emergency vehicles to exit the site.
Vehicular Circulation & Parking:
The overall program of the site will remain consistent with the previous site plan approvals. The
parking area has been modified insignificantly to accommodate improved ADA conditions,
additional landscape, and code-abiding parking spaces (including previously approved waivers).
The circulation between the two existing buildings on-site has been eliminated for the proposed
lobby and courtyard area. A second emergency exit has been added to the north side of the site
to allow emergency vehicles to exit the site. The one-way exit has been preliminary approved by
FDOT and will be formally applied for once site plan approval is issued by the City. The existing
entrance/exit in the central area of the site is to remain, however the configuration of the traffic
flow once inside the site has changed slightly due to the proposed structure. The proposed
structure will include a new drop-off area for guests that will be covered and will have a by-pass
lane to prevent stacking problems. This area will also be managed by the hotel to ensure that
cars do not park or sit idle preventing traffic to move harmoniously.
Architecture:
The architecture of the new structure will be consistent with the character and architecture of
the existing buildings on the site. The architectural treatments and colors to the new and
existing structures are a large improvement to what existed prior. The addition will be most
noticeable at the sites frontage and will provide a new central entry to the hotel. The structure
will add significant presence to the U.S. Highway 1 corridor.
COMPLIANCE WITH SECTION 78-49(b):
�Cotleur&
Hearing
,.� w..., .,�
3
Windsor Gardens Site Plan Amendment
2.26.07 Justificntion Statement
AMENDMENTS TO APPROVED DEVELOPMENT ORDERS:
MAJOR AMENDMENTS
(1) Increase of intensity. Any change in nonresidential intensity which, in combination with
prior minor amendments, cumulatively exceeds the limitations or standards listed below.
An increase in hotel rooms is requested; however the elimination of restaurant use will negate
increased effect by these additional rooms.
a. Relocation. Any proposed relocation of the approved number of gross square footage
which is equal to or greater than five percent of the approved gross square feet of all
nonresidential structures.
Not applicable
b. Decrease in required parking. Unless otherwise provided in this chapter, any proposed
decrease of the existing number of parking spaces which is the greater of five percent of
the existing parking spaces or 20 parking spaces. Decreases in required parking otherwise
requiring action by the planning, zoning and appeals board or the city council shall not be
considered a major amendment for the purpose of this section.
Only four (4) parking spaces are eliminated from the approved site plan due to the use
chanqe. The proposed 99 parking spaces is what currently exists on sire.
c. Increase in the number of structures. Any proposed increase in the number of principal
or accessory structures that changes the overall intent of the original approval.
The additional structure proposed to connect the ground floor of the exisring buildings will
not change the intent of the original approval; it will improve the current site conditions by
providing internal access from one building to rhe other.
d. Any proposed reduction of heavily utilized parking spaces as determined by the
growth management director.
Not applicable
(2) Increase in density. Any increase in the approved number of residential units.
Not applicable
(3) Increase in building height above the height permitted in the applicable zoning district.
Not applicable
(4) Utility facilities. Any addition or relocation of outdoor utility facilities, including, but not
limited to, the following: chillers, air-conditioning units, above-ground fuel tanks including
propane or natural gas, electrical equipment such as junction boxes, and ground-mounted
service boxes for public utilities such as telephones and cable television, which are deemed to
�Cotleur&
Hearing
�. �.n. �
Windsor Gardens Site Plan Amendment
2.26.07 Justification Statement
be substantial by the growth management director. This shall not apply to single-family lots or
duplex lots.
Not applicable
(5) Boundary changes. Any proposed boundary change of the approved development plan.
Not applicable
(6) Traffic impact. Any increase in overall traffic impact, except as may be provided in this
chapter.
A traffic impact statement has been included within this application. The statement concludes
that no significant traffic impact will be created due to the changes in use or the additional exit.
(7) Character and appearance. Any amendment which would negatively impact the character
or the appearance of an approved development.
The structural addition was designed to be completely consistent with the existing buildings on
site and will not negatively impact the character or appearance of the development.
(8) Amenities. Any amendment which would materially decrease the number or size of
amenities in all or a portion of any residential or nonresidential development.
The applicant is adding a courtyard amenity to the site with this application request. Amenities
will not be decreased by any means.
(9) Residential unit types. Any change in the approved mix of residential dwelling unit types
that would require alterations of an approved plat.
Not applicable
(10) Architectural style. Any change in the approved architectural style of residential dwelling
unit types or nonresidential structures which results in:
a. An architectural style that is out of character with the approved or existing architecture (e.g.,
change from Mediterranean style to neo-classical).
The architectural style for the addition is consistent with what currently exists on site.
b. New residential models that are substantially different from approved models.
Not applicable
(11) Building materials. Any significant changes in exterior building materials that result in a
downgrade as determined by the growth management director.
�Cotleur&
Hearing
,.,. ......,.,,�
»,...w. «.....,., 5
Windsor Gardens Site Plan Amendment
2.26.07 Justification Statement
The applicant has improved the building materials that were previously used for the exisring
buildings on site and has used these new materials for the addirion as well.
(12) Changes to phasing or conditions. Any changes to an approved development phasing plan
or any condition of development approval.
A change to the development order is being requested to amend the approved uses for the site
from hotel and public restaurant to hotel and hotel accessory uses only. The applicant proposes
to eliminate all conditions from Resolution 44 2005 that directly relate to the previously
approved public restaurant use. The applicant also proposes a revision to the development order
that would permit up to 90 hotel rooms.
(13) Changes to developer's agreements. Any changes to an approved developer's agreement.
Not applicable
Conclusion
This request for a PUD major amendment is in harmony with the City's Comprehensive Plan and
Zoning Code, and is consistent with the existing surrounding land uses and original land
development approvals for the site. The request meets all adopted levels of service within the
City. The Applicant looks forward to meeting with City representatives to discuss the revisions
and improvements to the site plan and respond to any outstanding comments or issues that
staff may have.
�Cotleur&
Hearing
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Cotleur &
Hearing
Landscape Architects ! �and P{anners I Environmentaf Consultants
1934 Commetce Lane - Suite 1� Jupiter, Florida • 33458 � Ph 561.747.6336 • Fax 561.747.1377 - Lic.#LC-0000239
WYNDHAM GARDEN HOTEL
SITE PLAN AMENDMENT APPLICATION
JUSTIFICATION TO REVISt CONDITION
AND TO ADD A WAII/ER
The applicant is proposing to revise condition six (6) of Resolution 44, 2005. The purpose of
this request is to permit the use of the 'meeting room area' located in the existir�g building on
the south portion of the subject property. The applicant is proposing to modify condition six to
allow outside meetings to occur within the meeting rooms between the hours of 8 AM and 11
PM. The outside meetings are defined as meetings in which are open to patrons not staying at
the hotel in addition to hotel guests.
Proposed Condition # 6.•
The existing meeting room area shal/ be uti/ized for hote! guests only between the hours of 11
GM and 8 AM. No outside meetings, such as banquets or receptions, shall be permitted on site
between the hours of Il PM and 8 AM. A/I outside meetings /imited to 8 AM to Il PM.
(P/anning & Zoning, Code Enforcement).
Furthermore, Section 78-346 of the land development regulations, shared parking, requires "a
means to readdress the shared parking in the event future parking problems or changes in
use occurs" or a contingency plan. The applicant is recommending that a new condition is
added to the resolution that would require a parking study to be completed each year for
three years from the date of this petition approval. The parking study wiil be performed during
peak season to ensure all guests are accounted for. If the study implies that the need for
parking is additional to what has been provided on site, the current property owner will
immediately discontinue the use of the meeting room area. The proposed condition would
read as follows:
Proposed New Condition:
For a period of three years fo/%wing the completion (certificate of occupancy) of the
renovations the appficant sha!( perform a parkrng study during peak season. In the event the
,narking study demonstrates a need for additional parking to maintain/support the meeting
room area, cor�dition # 6 shall become nu!l and void atter which such area shall be limited to
hotel guests only.
The meeting rooms had been added when the ancillary building was approved in 1996. The
ancillary building included meeting space, professional office, and a continental breakfast
service for hotel guests. Since that time, previous owners had modified the uses of the hotel
to decrease the number of hote! rooms and to add a full service public restaurant. The current
properry owner and applicant wish to eliminate the public restaurant but to return to the
original number of hotel rooms and to the original meeting room ��.���(r����NS
i � � ��'-:� �(�� �'
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P���'�� � �C��'e���v L'i1�
Wyndham Garden Hotel
Site Plan Amendment
Waiver Request
October 3, 2007
Page 2 of 5
requirements are not consistent with the 1996 approval, and the applicant has been directed
by city stafF to abide by the current land development regulations. The table below iilustrates
the changes in the off-street parking requirements from 1996 to today's requirements. The
table also illustrates that parking was not provided for the existing meeting rooms in 1996 and
2005.
Use 1996 2005 2007
Hotel Rooms 90 rooms X 1= 90 77 rooms x 1.1 = 84.7 90 rooms x 1.1 = 99
Office 647 sf / 100 sf = 7 Eliminated Eliminated
Public restaurant non-existent 1,710 sf / 150 sf = 11.� Eliminated
1 710 sf / 250 sf = 6.34
Meeting Rooms 2,366 sf = 0 2,366 sf = 0 2,366 sf / 100 sf = 23.6
TOTAL PKG 97 parking spaces 103 parking spaces 123 parking spaoes
RE UIRED
To permit the meeting room use, the applicant is required by code to provide additional
parking to what is currentfy located on-site and on the site plan. The applicant is constrained
by the existing conditions of the built out site and cannot produce additional parking.
Therefore the applicant is requesting that a shared parking scenario be granted for the site.
In the most recent parking study performed by Kimley Horn, parking counts were taken on
days that the hotel was 90% and 100% occupied. The study assumed that the hotel rooms,
public restaurant and meeting room area were operational. The study demonstrates:
• The peak parking time for the hotel was in February on a Wednesday at 9 PM with 77
parking spaces fil{ed
• 22 parking spaces were unoccupied; feaving 28°l0 of existing parking available
• During the weekends, the maximum parking demand did not exceed 61 parking spaces
• At fuN hotel occupancy, the maximum parking demand was 69 parking spaces
• The parking lot was never fully occupied
It should be noted that the requested waiver for a shared parking scenario is of extreme
difference then the typical shared parking analysis. The appficant has an existing conditian on
an existing site where the uses discussed within this statement have co-existed for a definite
amount of time. Un4ike a new, undeveloped, site plan proposal, the hotel facility has long been
operating with both the hotel and meeting rooms and has proven to be a brilliant shared
relationship.
F:\Projed Documents\06-0820 Watertord HoteI1MAJOR AMEN�MENT�CORRESPONDENCE OUT1060820 Waiver Cnteria.tloc
Wyndham Garden Hotel
Site Plan Amendment
Waiver Request
October 3, 2007
Page 3 of 5
Sec, 78-158, Waivers to p/anned deve%pment dist�ict �equirements
(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.
The request is consistent with the city's comprehensive plan. The waive� for shared parking is
needed due to the cor�straints of the existing bui/t out site. The comprehensive plan p�omotes
existing site improvements, specifically when the site has been a target of depreciation within
the site. The improvements proposed will increase the value of the subject property as well
the surrounding properties, including the 1Z Daks residential deve%pment to the north, The
new Wyndham flag wil/ be a significant addition to the Crty's definrtion of a signature city.
(2) The request is consistent with the purpose and intent of this section.
The site plan has been previously approved as a planned unit deve%pment and therefore
meets the rntent of this section. The petitioner is not requesting any modifications to the site
that would change the PUD classification. The applrcant rs requesting that this waiver be
granted in order to improve the existing PUD. The applicar�t would like to rectify the srte by
brining it up to the standard that the city and the PGA/US1 corridor deserve. AR�er the
improvements are complete, the hotel wi// meet the intent of the Planned Unit Deve%pment
more so then any of its previous approvals. The site will become a vibrant part of the city's
communiiy and economic landscape.
(3) 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 waiver request, to permit shared parking between the hotel rooms and the meeting room
area, is in support of the crty's goals objectives and policies. By sharing the parking between
the two uses, the hotel wil/ be permitted to keep the existing number of hotel rooms as well
as the existing meeting room area. With the combination of the two existing uses, the
petitioner will be able to attain a class 'A "hote/ brand such as Wyndham Hotels and Resorts:
The prospect for improvement to existing architecture on a main corridor, �ew emp/oyment
opportunities and a refined sense of place will be greatly enhanced with the existence of such
an establishment in the City.
(4) The request demonstrates that granting of the waiver will result in a development that
exceeds one or more of the minimum requirements for PUDs.
f:\Project Documents�06-0820 WateAOrd Hotel\MAJOR AMENDMENT�CORRESPONDENCE OUT\060820_Waiver Gritena.doc
Wyndham Garden Hotel
Site Pian Amendment
Waiver Request
October 3, 2007
Page 4 of 5
Granting of this waiver will permit the hotel to function as it was orrgrnally approved. The hotel
was origina/ly approved with hote! rooms and meeting room area, ihe existing buildings
contain hotel rooms and meeting room area. Granting of this waiver will permit the hotel to
provide one or more specifically-identifiabie benefits to city residents.
(5) The request for one or more waivers results from innovative design in which other
minimum standards are exceeded.
The request for the waiver results from innovative design. The applicant is requesting to
construct a Jobby addition to the existing hote/ that will amplrfy the architectura/ style of the
building along one of the crty's major corrrdors. The lobby e%ment plays a key ro% in
attractrng the Wyndham Hotel and Resorts. The tobby e%ment has provided constraints to
prevent additional parking to be placed on the site.
(6) The request demonstrates that granting of the waiver wi{I result in preservation of
valuable natural resources, including environmentalfy-sensitive iands, drainage and recharge
areas, and coasta{ areas.
This criterion is not �pplicable because the site is burlt out and does not hold any
environmenta//y sensitive /ands.
(7) 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.
The request demonstrates public benefit. The applicant wi// be pro�iding the city and its
residents a ser�ice by c%aning up the existing srte and rep/acing the previous failing
businesses with a hotel facrlity that is recognized across the world. Both aesthetic and
economic va/ue wil/ be added to the city by the granting of this waiver and the approva/ of this
petition.
(8) Su�cient screening and buffering, if required, are provided to screen adjacent uses from
adverse impacts caused by a waiver.
The requested waiver wil/ not cause adverse impacts to adjacent uses that wou/d require
buffers or screening. However, the applicant wil/ be increasing the plant quantrties within the
landscape buffer ta the east which is adjacent to a residentiaf use.
(9) The request is not based solely or predominantly on economic reasons.
The request is not based solely on economic reasons The applicant is requesting a waiver to
permit shared parking between the hotel rooms and meeting room area to ensure the hote/
F:\Pro}ect Documents\06-0820 Wateriord Ho�e1\MAJOR AMENDMEN'f�CORRESPONDENCE OUT�060820 Waiver Cnteria.doc
�
•
•
Co�leur&
�-Iearing
1934 Commerce Lane • Suite 1• Jupiter, Florida
August 20, 2007
Landscape Architects I Land Planners I Environmental Consultants
33458 • Ph 561.747.6336 • Fax 561.7a7.1377 • Lic.#LC-0000239
To: Jackie Holloman, City of Palm Beach Gardens
Cc: Kenneth Ufkin, Twelve Oaks Condominium Association, inc.
Eleanor Wehrman, Twelve Oaks
Barry Norton, Twelve Oaks Jim Geiger, Titan
Don Hearing, Cotleur & Hearing, Inc.
From: Ali Kalfin, Cotleur & Hearing, Inc.
Re: Wyndham Garden Hotel
Meeting Minutes 8.20.07
The meeting was held at 10 AM at the Twelve Oaks club house. Ken Ufkin, Eleanor
Wehrman and Barry Norton attended from Twelve Oaks. Don Hearing and Ali Kalfin
attended on behalf of Wyndham Garden Hotel. Jim Geiger, the owner of the hotel, was
also in attendance.
Don Hearing reviewed the site plan and architectural addition proposed for the future
Wyndham Garden Hotel with Ken, Eleanor, and Barry. He explained that Jim Geiger
was requesting these improvements to attract a quality hotel flag for the property. To
secure a flag like Wyndham versus a Motel 6, the hotel must have internal connections
from the guest suites to the amenities in the other building. The hotel must also have a
central lobby area.
The homeowner association manager and the homeowners understood these
requirements but wanted to make sure that both the noise and smell elements from
the hotel wou{d be fimited. They had issues with the previous owners regarding both
loud music and outside grilling. Jim confirmed that outside grilling, happy hours, etc.
would not occur on his property and that loud music would not be played outside.
Eleanor and Barry explained that they were happy that the space would now be well
used and occupied by a good element. They said they realized that people would be
outside but requested that the noise and smell factors were kept at bay.
Construction of the addition was also discussed. Jim Geiger confirmed that the hours
of construction would be limited to day time only and limited on weekends. He also
added that 32 security cameras had been recently installed on the property.
Eleanor and Barry said they would attend the PZAB meeting on the August 28th, 2007.
Cotleur &
Hearing
Landscape Architects I Land Planners I Environmental Consultants
1934 Commerce Lane • Suite 1• Jupiter, Florida • 33458 • Ph 561.747.6336 • Fax 561.747.1377 • Lic.#LC-0000239
To
From
Date
Jackie Holloman, City of Palm Beach Gardens
Alessandria Kalfin
November 30, 2007
Subject: Wyndham Gardens Hotel (F.K.A. Waterford Hotel)
PU DA-07-03-05
CH #: 06-0820
Response to 8.27.07 LBFH Comments
Certification Issues
5. Conditionally Satisfied
� (*4F y�{T*C' � ��.
���, .. , �
NOV 3 � 2001
r':;!-� �i~`��3
. � , *' " 5, . �r �, ?
:�� ,, � `�,if�•' -
1 .
Response: Acknowledged. The applicant continues to request the loading zone waiver.
17. Conditionally Satisfied
a. — d. Parking garage
Response: Per the team lighting consultants correspondence with Jim Orth, today August 15;
2007, LBFH has agreed that Comment #17 pertaining to the garage photometrics does not
apply to Site Approval, and shall be addressed during rhe horel's interior renovation phase.
Jim Orth has confirmed that the garage photometric plans will be addressed during the interior
phase.
Non-Certification Issues
13 (d). Not Satisfied
Response: The applicant will provide FDOT permit will be provided upon receipt.
14. Not Satisfied
Response: A landscape cost estimate for the public improvements will be submitted prior to
submittal for building permit.
17. Not Satisfied
Response: The engineering plans will be revised and resubmitted to reflecr the RCP pipe
material at the time of construction review.
�� Kimley-Horn
� � and Associates, Inc.
PARKING DEMAND STUDY
WATERFORD HOTEL
PALM BEACH GARDENS,
FL�RIDA
Prepaled for:
Savol of F1o�-ida, Inc.
Palm Beach Gardens, FL
0422620DD
March 2d04
Revised Junc 2004
CA DOOOU696
m Kimley-Hora and Associates, Inc.
4431 Embarcadero Drive
West Palm Bcach, Ploridu 33407
561/8�15-06b5 TEL
56l/882-3703 FAX
�� c��
�
�� �r�` t �
-� �;�1 � ! ����-
Lorn 1t.C.13nsse , P.E.
Flcrida 2tegis��rati�n Number 568�;6
`� �': ��� � `�
�� ❑ KimleyFiorn
� and Associates, Inc.
SECTION
TABLE QF C011lTENTS
PACE
INTRODUCTION................................................................................................. 1
PARIflNG OBSERVATIONS ....................................................
.......................... 3
Reconnaissance Parking Observations .........................................•--•--.......... 3
Addidonal Parking Observations ................................................................. 4
PEAK DEMAND ANALYSIS .............................................................................. 8
CONCLUSION..............................................................•-�-................................. 12
APPENDICES ............................................................................Following Page 12
■ Appendix A-18-Hour Parl:ing Observation Data
� Appendix B— 3-Hour Parking Observation Data
■ Appendix C — Site Map
■ Appendix D— Hotel Occupancy and Restaurant Attendance lnformatian
042262QOd-0604 Pagei
❑�a Kimley-Horn
� and Associates, Inc.
L1ST �F TABLES
Table No. Title Paqe
18-Hour Parking Occupancy 06servations .................................. S
3-Hour Parking Occupancy Observations .................................... 6
Daily Parking Occupancy Comparison ...................................... 10
LIST OF FIGURES
Fiqure No. Tifle Paqe
1 Site Location Map .........................................•--............................ 2
2 18-Hour Parking Demand ............................................................ 5
3 Maximum Parking �ccupancy $y Use .....................•-•-.-----....... 11
042?62d00-0604 Pageii
4
m
❑�� Kim{ey-Horn
� and Associates, Inc.
INTRODUCTION
The Waterford Hotel and Conference Center comprises a hotel, restaurant, and
conference center located south of PGA Boulevard and east af US 1 in Palm Beach
Gardens, Florida. Tt�e site contains a 90-room hotel, 2,336 square feet of ineeting
space and 2,561 square feet of restaurant space. Figure 1 illusirates the location of
the site.
There are currendy 99 spaces provided on the site. Kimley-Horn and Associates,
Inc. was retained to underiake a parking study in order to deternune whether or
not the existing parking supply adeqvately accommodates parking demand at tl�e
site. This report summarizes the data collection and analysis of parking
conditions at tlte Waterford Hotel site.
0422G2000-0604
Page 1
❑�� Kimley-Horn
� and Associates, lnc,
PARKING �BSERVATIONS
The entire parking Iot on site serves the existing hotel, meeting space, and restauranl.
For the purposes of data collection, the parking lot for the entire site was divided into
four distinct areas. Area `A' includes the parking azea adjacent to the hotel,
including the entire north side of the site, some of the east side, and parking adjacent
to the check-in area. This area is most accessible for h�tel patrons. Some vehicles
were parked in the area adjacent to the restaurant near the hotel check-in area by the
valet service. Any cars parked in this area were included in [he parl:ing demand.
However, since the parking area is not delineated, this area was excluded form the
parking supply. Area `B' includes the remainder of the portion of the parking lot that
is generally southeast of the site, and would be mostly used by restaurant patrons.
Area `C' includes the remainder of the parking on the south side of the site and the
parking on the west side of the site. This area is the least accessible to the restaurant,
l�otel, and meeting areas. Area `D' is the parking area under the restaurant At tlie
time of the data collecrion, some of this parking area served as starage for the facility.
None[heless, parlcing is available in this area. A site plan included in the Appendix
illustrates the overall ]ayout and the locatio❑ of the four data collection areas.
Reconnaissance Parking 06servations
Based on discussions with City of Palm Beach Gardens staff, preliminary parking
reconnaissance observations were undertalcen far a typical weekday and weekend.
These observations were vndertaken to determine the peak demand periods over a
typical day in order to provide infarmation for further observations. Based on
information provided by staff at the hotel regarding hotel and restauranl activity, the
basiest typical weekend day at the ho[el occurs on Saturdays. Wednesdays are
typical of weekday parking demand. Therefore, parl:ing conditions were monitored
at the site on Wednesday, February 11, 2Q04 and 5aturday, February 14, 2004. Data
04226200Q-0G04 Page 3
•
0
a� � Kimley-Horn
� and Associates, lnc.
were collected on a half- haurly basis from 6:00 a.m. unti112:00 a.m. on both days.
Since these parking observations were conducted during the month ofFebruary, they
represent the pealc season of traffic. Table I includes the total number of occupied
spaces observed on each day_ Figure 2 graphically depicts d�e hourly variation. The
raw data on which the data summarized in Table 1 aze based are included in the
Appendix.
The overall parking demand within the pazking area never exceeded 100% on the
days during which the observations were made. Basad on discussians with ciry staff
after their review of data reflected in Figure 2, the peak hours of parking demand
were determined to lie between 8:00 p.m. and I 1:00 p.m. each night.
Additional Parking Observaiions
The periods of pealc demand identified in the aforementioned preliminary
observations were selected for further study. As discussed with City staff, parking
conditions were monitored on each night from Wednesday, March 17, 2004 through
Saturday, Mazch 20, 2004. Data were collected on a half- hourly basis from 8:00
p.m. until l I:00 p.m. on all four days. Since these parking observations were
conducted during the month of February, they represent the peak season of traffic.
Table 2 includes the total number of occupied spaces observed on each day.
042262000-0604
Page 4
TABLEI
WATERFORU HOTEL
1&HOUR PAAKING OCCUPANCY 085ERVATIONS
WEEKENn WEEKDAY
Parking Area A 9 C D TOTRL A B C D TOTAL
Avalloble 5 aces 33 30 28 10 99 33 30 28 10 99
8:00 AM 28 18 7 0 53 35 2D 2 0 57
8:30 AM 2B 17 5 0 SD 34 21 2 0 57
7:00 AM 20 15 5 0 40 32 17 2 D 51
730 AM 19 11 5 0 35 22 13 3 0 38
B:00 AM 19 10 4 0 33 1 b 9 3 0 27
8:30AM 17 10 4 0 3i it 5 3 0 i9
9:OD AM 15 8 3 0 28 11 3 2 D ib
9:30 AM 14 8 2 0 24 i1 3 2 0 16
10:00 AM 13 7 2 0 22 14 4 5 0 23
10:30AM 72 7 1 0 20 14 2 5 0 17
11:00 AM 9 5 fl U 14 11 2 7 0 20
11:36 AM 8 5 a o 13 10 2 4 0 16
1200 PM 7 4 0 0 11 14 8 � 0 29
12:30 PM 10 4 D 0 14 17 11 tA 1 43
1:00 PM 1D 6 1 0 17 17 10 14 0 41
1:3U PM 10 S 1 0 J6 11 1 4 1 17
2:00 PM 12 7 2 U 21 12 2 4 1 79
2:30 PM 13 9 0 U 22 13 2 q 1 20
3:00 PM 14 B 1 0 23 7 2 0 1 7Q
3:30 PM 13 10 2 0 25 10 2 1 1 14
4:00 PM i6 8 2 0 26 13 2 1 1 17
A:30 PM 9 5 1 0 15 16 2 1 0 19
5:00 PM 10 5 3 0 18 17 4 1 0 22
5:30 PM 10 6 2 0 18 17 5 4 1 27
6:00 PM 18 6 2 0 24 21 6 7 1 35
6:30 PM 1B 6 2 0 24 29 9 9 0 47
7:U0 PM 18 5 1 0 22 32 B 15 0 55
7:30 PM 17 5 1 0 23 27 B 22 D 57
8:00 PM 17 6 1 0 24 29 7 28 0 62
8:3Q PM 30 10 5 0 45 32 B 26 0 66
4:00 PM 31 17 5 0 53 39 17 21 0 77
9:30 PM 32 16 7 0 55 38 23 10 0 7f
10:00 PM 32 19 8 0 59 35 26 5 0 66
10:30 PM 32 '18 B 0 59 35 25 1 0 6]
11:00 PM• 32 20 9 0 61 36 26 1 0 63
71:30 PM 32 17 7 0 58 34 26 2 0 82
12:00 AM 30 17 7 0 54 36 25 2 0 63
TABLE 2
WA'TERFORD HOTEL
3-HOUR PARKING OCCUPANCY OBSERVATiONS
Date Wednesday Thursday Friday Saturday
3/17/04 3l18iO4 3/19/04 3/20/04
Available S aces 99 99 99 99
8:00 PM 69 66 54 63
8:30 PM 64 58 58 6Q
9:00 PM 65 60 55 59
9:30 PM 67 55 59 61
10:00 PM 65 61 56 52
10:30 PM 82 48 51 52
.�
:�
70
� 60
a
�
U
V
O 50
N
a
�
�
a
cn 40
rn
c
�
V
a 3a
20
70
Figure 2
Waterford Hotel
18-Hour Parkin Demand
—Weekend �Weekday
o �
6:00
AM
7:00 8:00 9:00 10:00 11:00 12:0� 1:00 2:00 3:00 4:00 5:00 6:00 7:OQ 8:00 9:00 10:00 11:00 12:00
AM AM AM AM AM PM PM PM PM PM PM PM PM PM PM PM PM AM
7ime of Day
0
�
❑� ❑ Kimley-Horn
� and Associates, Inc.
PARKING DEMAND AIVALYSIS
A parking rate was calcutated based on the observed pazking demand and the current
land uses and udlization. Detailed hotel occupancy, restaurant patronage, and
meeting room usage were provided by hotel staff for each day of data callection.
Table 3 summarizes the parking observations and the hotel, restaurant, and meeting
room usage for each day.
The hotel was nearly fully occupied on most nights during t�ie study period. Table 3
illustrates that at least 90 percen[ of the Uotel rooms (81 rooms) were occupied an all
of the nights except Friday, March 19, 2004. Additionally, the hotel was 100 percent
occupied on Wednesday, March 17, 2004 and Thursday, March 18, 2404. On the
nights that the hotel was fully occupied, the maximum parking demand was 69
spaces. Ho�vever, the maximum parking demand during the study period was 77
spaces, �vliich occurred on Wednesday, February 11, 2004, when the hotel was not
fully occupied.
Restaurant usage was provided by hotel staff for each night Statistics were compi]ed
based on the restaurant patronage during the overall dinner period and during the
study period (diners pari:ed between the hours of 8:00 p.m. — 11:00 p.m.). To
accurately associate the number of parked cars with the number of diners, patrons
seated between the hours of 7:00 p.m. and 11:00 p.m. were considered to utilize the
parking area during the 8:00 p.m. to 11:00 p.m. study period. This accounts for a one
hour turnover time period (i.e. sameone arriving at 7:00 p.m. is utiiizing a parking
space at 8:00). The maximum overall restauranl pa[ronage accurred on Saturday,
Febrvary 14, 2004 and Sa[urday, March 20, 2004 with 80 diners each ❑ight. The
maximum study period patronage occurred on Saturday, March 20, 2004 with 54
diners.
042262000-0604 Page 8
.
� �Kimley-Horn
and Associates, Inc.
Figure 3 compazes the parlcing occupancy with hotel occupancy, restaurant patronage, and lounge
patronage. Since lounge attendance i.nfortnation provided by the staff was reported in nightly
totals, no peak-period lounge statistics are available for comparison. Nonetheless, nightly lounge
attendance totals are used in the comparison. As can be seen in Figure 3, the observed par]ang
demand has a more direct correlation with the hoteI occupancy than with the restaurant and
]ounge patronage. Note that on days when the restaurant and lounge usage peaked, the observed
parking demand remained relatively constant with the hotel occupancy. Similarly, on days when
restaurant patronage is low, the parking demand remains directly correlated to the hotel
occupancy. Therefore it was deemed more appropriate to determi.ne the parldng demand per
occupied hatel room.
Hotel occupancy and observed parldng demand were compared to determine a maximum parking
demand for the site, as shown in Table 3. The maximum study periad parking demand on
weelmights is 0.92 parking spaces per occupied roam. Table 3 also sbows that the maximum
study period parlcing demand on weekends is 0_76 pazking spaces per occupied room.
To provide a buffer accounting for parking hunover and varying velucle occupancy rates, a ten
percent factor was applied to the parking demand rate. Therefore, the parldng demand during the
weelmights is 1.01 parking spaces per occupied hotel room and 0.83 parldng spaces per occupied
hotel room dvring the weekend.
Based on the maximum hotel occupancy of 90 rooms, the maximum parldng demand is 91
par}dng spaces. Since 103 spaces aze being provided on site {i.e. 99 existing plus 4 additional
spaces), the parlcing supply is sufficient.
042262000-0604 Page 9
TABLE 3
WATEAF�RD HOTEL
DAILY PARKING OCCUPANCY COMPARISON
B:OOPM-11:OOPM
Date W�dnesday Saturday Wednesday Thursday Friday Saturday
2h 1104 2114/04 3/77/04 3/18/04 3/19/04 3/20/04
Avaflabte Parkin S aces 99 99 99 99 99 98
Occu ied Parkin S aces 77 59 69 6B 59 63
°6 Parkln Occu ied 7&% 6Q°6 70% 6796 60% 64%
Avallable Hole) Rooms 90 90 90 90 90 90
Occu iad Hotel Rooms 84 BS 90 90 77 83
°'o OCCU !ed 93°6 98io 100'6 70090 86% 92%
Parkin Demand er Occu ied Room 0.92 0.87 O.T7 0.73 0.77 0.76
Dinner Attendance 7:00 - 11:00 24 75 19 24 44 54
Loun e Ariendance All Evenin 50 75 40 60 75 80
Dinner Attendance All Evening 40 BO 41 42 63 80
Total RestauranULoun e Aii Evenin 90 f55 81 102 138 i60
Maetln Attendance 0 0 0 0 0 0
Raw Aate Rate wifh 6u(1er
Maximum Weskday Parking Damand per Occupied Notel Room: 0.92 1.Oi
Maximum Weakend ParkJng Demand per Occupisd Hote! Room: 0.76 0.83
180
160
140
120
100
80
60
40
24
a
Figure 3
Waterford Hotel
Maximum Parking Occupancy by Use
2/11 /04 2/14/04 3/17/04 3/18/04 3/19/04 3/20/04
Date
—+—Parking Occupancy —�--Occupied Hotel Rooms —�—Total Dinner Attendance
�� Peak Hour Dinner Attendance —�—Lounge/Restaurant Attendance
❑� � Kimley-Horn
� and Associates, Inc.
conrc� usronr
The Waterford Hotel and Conference Center is a hotel, restaurant, and conference
center located south of PGA Boulevard and east of US 1 in Palm Beach Gardens,
Florida. The site includes a 90-room hotef, 2,336 square feet of ineeting space and
2,561 square fee[ of restaurant space. Currently, parking spaces are provided for 99
vehicles. Tt�is study demonstrates that the maximum parking demand for the site is
91 spaces. Therefore, the existing parking supply sufficiently accommodates the
parking demand.
042262000-6604 Page12
DEVELOPMENT REVIEW COMMITTEE
(DRC) COMMENTS
INC,
CONtiU1;17NG CNII. IdNGINL:L?RS,
s�avr:vc>iis n� Mni�i>r.�zs
CIVIL
AGRICULTURl1L
W1-1TER RESOURCES
W�1TER & W�STEW�ITER
TR.�INSPORTATI ON
SURVEY & :�Ir1PPING
GIS
"Partners For Results
Value By Design"
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
(772) 286-3883
Fax (772) 286-3925
www.lbfh.com
MEMORAND UM
TO: Jackie Holloman
FROM: Jim Orth, P.E.
DATE: August 27, 2007
FILE NO. 16792
SUBJECT: Waterford Hotel
PUD Review
PUDA-07-03-OS
We have reviewed the following plans and information for the above referenced
project received August 3, 2007:
• Response Letter dated August 1, 2007 as prepared by Michael B. Schorah &
Associates, Inc.
• Response Letter dated August 1, 2007 as prepared by Cotleur & Hearing.
• Site Plan dated (revised) August l, 2007 prepared by Cotleur & Hearing.
■ Site Plan (Sheet 1 of 5)
• Conceptual Engineering Plan dated (signed) July 31, 2007 prepared by Michael
B. Schorah & Associates, Inc.
■ Development Plan (Sheet 1 of 3)
■ Paving & Drainage Details (Sheet 2& 3 of 3)
• Preliminary Architectural Plan undated prepared by Ames Design International.
■ Site Plan (Sheet P1)
We have the following comments:
• The applicant proposes to return the building, located on a 1.87 acre site south
of PGA Blvd on the east side of USH 1, to its original configuration by
removing the restaurant and increasing from 77 to 90 rooms. The applicant
indicates that the work is to include:
■ Structural addition between exiting buildings to provide new entry, central
lobby and drop off area.
■ Fa�ade improvements to existing buildings.
■ New courtyard to be located between existing buildings as site amenity.
■ Minor vehicle area modifications.
■ A second exit to USH 1.
• The applicant has previously provided a Traffic Impact Analysis, dated
February 2, 2007, prepared by Kimley Horn & Associates, Inc. which we
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LBFH File No. 16792
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forwarded to the City's traffic engineer and PBC Traffic Division for review.
We previously forward their comments to the City on July 17, 2007.
Certification Issues
Comments 1 thru 3 Previously Satisfied.
4. Satisfied. The applicant dimensioned the elements of the plan including; the
radii of the entry rotary area, the entrance drive to the underground parking, etc.
for conformance with Section 78-46 of the LDR.
a. Satisfied. The applicant has revised the walk width to a minimum five-foot
clear walk, measured from the back of curb, for conformance to the
requirements of Section 78-230 of the LDR.
Comments 4(b) & 4(c) Previously Satisfied.
5. Conditionally Satisfied. While the applicant clarified the size of the loading
area (Sheet 1 of 5), which does not scale to agree with the requirements of
Section 78-362 of the LDR. The applicant notes that the space was not
constructed in compliance with the previous approval, which required the
loading space size be 12' x 35' per the LDR. However, the applicant is
requesting a waiver to permit the utilization of the current 10.5' x 32.5' loading
space as shown.
We show this item conditionally satisfied, pending resolution of the applicant's
request for a waiver.
17. Conditionally Satisfied. The applicant provided a signed and sealed
photometric plan for compliance with Ordinance 26, 2006 and the City's
lighting policy, which amends Section 78-182 and Section 78-751 of the LDR.
However,
a. The applicant shall provide certified test results that the parking garage
meets the current code or a remediation plan, with a photometric plan,
which meets current code.
i. The applicant shall revise the "Statistics" table to show both day and
night lighting levels for the garage.
ii. The applicant shall provide separate lighting level data, in the
"Statistics" table, for the following areas of the project; pedestrian areas,
parking stall areas, drive aisles, ramps, stairwells, vehicle entrance area
and pedestrian entry areas. The following data shall be specified; the
minimum fc, maximum fc, average fc, max/min ratio, avg/min ratio,
minimum average fc maintained, maximum average fc maintained,
minimum initial fc.
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LBFH File No. 16792
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b. The applicant shall clarify whether calculations refer to "maintained" or
"initial" footcandles
c. The applicant shall clarify whether calculations refer to "horizontal" or
"vertical" footcandles
d. The applicant shall revise the "Statistics" table to agree with the information
required by Ordinance 26, 2006 and the City's lighting standards, which are
based on the IESNA design standards. Specifically:
c.
i. For the interior of the parking garage;
1) The applicant shall identify the minimum average maintained, which
shall not be less than 3.0 fc per Ordinance 26, 2006.
2) The applicant shall identify the maximum average maintained,
which shall not be more than 50.0 fc per Ordinance 26, 2006.
3) The applicant shall identify the minimum initial fc required, which
shall not be less than 1.0 fc per the City's lighting standard. This
does not include other areas noted, such as within stairwells.
The applicant shall revise the "Statistics" table for conformance with
Ordinance 26, 2006 and the City's lighting standards. The applicant is
advised that;
i. During the daytime, the vehicular and pedestrian exits and entrances
must maintain a minimum average of 50 fc.
ii. Stairwells must maintain 10 fc minimum initial light level (Florida
Building Code), as well as a minimum average of 20 fc 24 hours a day
(City lighting standards}.
iii. Ramps, drive aisles, and all other areas of the garage must maintain a
minimum average of 3.0 fc.
d. The applicant shall identify the lighting levels for the walk areas for all
public entrances of the parking garage and stairwells, which shall conform
to Ordinance 26, 2006 and the City's lighting standards.
Comments 18 through 26 Previously Satis�ed.
Waiver Repuests
1. The applicant is requesting a waiver from Section 78-344 of the LDR regarding
parking stall widths. Please note we remain in support of the City's LDR
requirements.
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2. The applicant is requesting a waiver from Section 78-153 of the LDR regarding
setback requirements. Please note we remain in support of the City's LDR
requirements.
3. The applicant is requesting a waiver from Section 78-153 of the LDR regarding
building height. Please note we remain in support of the City's LDR
requirements.
4. The applicant is requesting a waiver from Section 78-186 of the LDR regarding
landscape buffer for commercial parcel abutting residential parcel. Please note
we remain in support of the City's LDR requirements.
5. Previous Waiver Request Withdrawn by Applicant. The applicant is
requesting a waiver from Section 78-80 of the LDR regarding requirement for
topographic map with one (1') foot contours. Please note we remain in support
of the City's LDR requirements.
The applicant has provided a topographic map with spot elevations.
6. The applicant is requesting a waiver from Section 78-362 of the LDR regarding
a 12' x 35' loading zone with a 12' x 35' maneuvering area. The applicant is
proposing to utilize the existing 10.5' x 32.5' loading zone (as noted in
Certification Comment #5). Please note we remain in support of the City's LDR
requirements.
Non-Certification Issues
NOTE: All engineering/infrastructure plans are considered conceptual during
the planning and zoning review phase and are subject to further review during
the final construction review. These non-certification comments shall be
satisfied prior to construction plan approval and the issuance of the �rst land
alteration permit.
Comments 1 through 5 Previously Satisfied.
6. Satis�ed. The applicant has identified all curb ramps with the appropriate
FDOT Index 304 CR numbers for each location. The applicant has identified
the curb ramp numbers for the handicap stall locations. The applicant is advised
of the following;
a. Satisfed. The applicant has clarified that the south access aisle for the
handicap stalls has a proposed curb ramp and has labeled it with the FDOT
Index 304 CR#.
i. Satis�ed. The applicant has revised the curb ramp to be a CR#26,
allowing handicap accessibility.
Comments 7 thru 11 Previously Satisfied.
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12. Previously Satisfied. The applicant has indicated the structural numbers for the
`Asphalt Section' details on the Engineering Detail Sheet in accordance with
Section 78-499 Table 41 of the LDR. The applicant provided a table indicating
the layer, material, LBR/FBV, material thickness, FDOT layer coefficient; the
SN for the pavement section, base section, and subgrade section; and the total
SN for the total pavement section and the required SN in accordance with the
FDOT Flexible Design Manual.
a. Previously Satis�ed. The applicant previously revised their SN data on the
plan for consistency with the proposed SN of 4.52 as noted in the FDOT
ROW — USH 1 table above.
13. Not Satisfied. Prior to the issuance of the first land alteration permit, the
applicant shall provide a copy of the following approved permits, as applicable:
a. Not Applicable. SFWMD — Applicant indicates that project falls under the
"No Notice" rule.
b. Not Applicable. NPBCID — Applicant indicates this project is not within
NPBCID.
c. Not Applicable. PBC - Applicant indicates this project is "Not Applicable."
d. Not Satisfied. FDOT — Applicant has provided an application for the FDOT
Driveway Connection Permit and indicates they will provide a copy of the
permit upon receipt.
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e. Not Applicable. PBC Health Department/FDEP- Applicant indicates this
project is "Not Applicable."
f. Not Applicable. NPDES- Applicant indicates this project is "Not
Applicable", as construction activities of the project totals less than one (1)
acre.
14. Not Satisfied. The applicant shall provide a cost estimate for the project,
including public infrastructure and all landscaping and irrigation costs for
review and approval by the City in order to establish surety. The cost estimate
shall be signed and sealed by an engineer and landscape architect registered in
the state of Florida. Surety will be based on 110% of the total combined
approved cost estimates and shall be posted with the City, prior to the issuance
of the first land alteration permit.
The applicant indicates that there will be no public infrastructure and the
landscape cost estimate will be submitted under separate cover. This item will
remain unsatisfied until the landscaping cost estimate is received and reviewed
by the City.
15. Satisfied. The applicant provided a cost estimate for the on-site project
improvements, not including public infrastructure, landscaping and irrigation
costs (which were previously submitted by the applicant) for review and
approval by the City. The cost estimate is signed and sealed by an engineer and
shall be posted with the City prior to the issuance of the first land alteration
permit.
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Waterford Hotel
LBFH File No. 16792
SUMMARY OF ENGINEER'S ESTIMATE
of Probable Construction Costs
for On-site Non Public Im rovements
Gradin $56,059.5
Sanitar Sewer $0.0
ater $1, 840.0
Storm Water Maintenance $5,450.0
Si ning & Pavement Markin $8,578.0
Total $71,927.5
Page 7 of 9
16. Previously Satisfied.
17. Not Satis�ed. The applicant shall revise the plans to indicate an acceptable
pipe material, such at RCP or FRCP for drainage pipes under all load bearing
pavement areas, with the exception of exfiltration areas. Specifically, the line
from the courtyard to the inlet in the parking area east of the building.
City policy requires RCP under all load bearing surfaces. The applicant shall
revise the plans to so indicate.
18. Satis�ed. The applicant modified the label on the site plan, referencing the
paver area of the pool deck, for consistency with the engineering plan, which
indicates that the paver deck is "existing".
Conditions of Approval
1. "Applicant shall copy to the City all permit applications, permits, certifications
and approvals. " (City Engineer)
2. "Applicant shall provide all necessary construction zone signage and fencing
as required by the City Engineer. "(City Engineer)
3. "Prior to construction plan approval and the issuance of the first land
alteration permit, applicant shall provide a cost estimate and surety in
accordance with LDR Section 78-309 and 78-461 and a cost estimate for on-
site project improvements, not includin� public infrastructure, or landscaping
and irrigation costs for review and approval by the City. The cost estimates
shall be signed and sealed by an engineer and landscape architect registered in
the state of Florida and shall be posted with the City, prior to the issuance of
the first land alteration permit. "(City Engineer)
4. "The construction, operation and/or maintenance of any elements of the subject
project shall not have any negative impacts on the existing drainage of
surrounding areas. If, at any time during the project development, it is
determined by the City that any of the surrounding areas are experiencing
negative drainage impacts caused by the project, it shall be the applicant's
responsibility to cure said impacts in a period of time and a manner acceptable
to the City prior to additional construction activities. "(City Engineer)
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� LBFH File No. 16792
iNC.
5. "Prior to issuance of the first land alteration permit, applicant shall submit
signed/sealed/dated construction plans (paving/grading/drainage and
water/sewer) and all pertinent calculations for review and comment. (City
Engineer)
6. "Applicant shall comply with any and all Palm Beach County Traffic Division
conditions as outlined in PBC Traffic Division equivalency and concurrency
approval letters. " (City Engineer)
7. "Prior to construction plan approval and the issuance of the first land
alteration permit, applicant shall schedule a pre permit meeting with City
staff. " (City Engineer)
8. "Prior to the issuance of the first land alteration permit the applicant shall
provide to the City letters of authorization from the applicable utility companies
allowing landscaping and light poles to be placed within the utility easements. "
(City Engineer)
9. "Applicant shall notify the City's Public Works Division at least 10 working
days prior to the commencement of any work/construction activity within any
public right-of-way within the City of Palm Beach Gardens. In the case of a city
right-of-way, the applicant has at least five working days to obtain a right-of-
way permit. Right-of-way permits may be obtained at the Building Division.
Failure to comply with this condition could result in a Stop Work Order of all
work/construction activity within the public right-of-way and the subject
development site. " (Public Works)
10. "Prior to the issuance of the first building permit the applicant shall provide a
signed and sealed photometric plan for compliance with Ordinance 26, 2006
and the City's lighting policy, which amends Section 78-182 and Section 78-
7S1 of the LDR and addresses the following:
a. The applicant shall provide certified test results that the parking garage
meets the current code or a remediation plan, with a photometric plan,
which meets current code.
iii. The applicant shall include a"Statistics" table to show both day and
night lighting levels for the garage.
iv. The applicant shall provide separate lighting level data, in the
"Statistics" table, for the following areas of the project; pedestrian
areas, parking stall areas, drive aisles, ramps, stairwells, vehicle
entrance area and pedestrian entry areas. The following data shall be
specified; the minimum fc, maximum fc, average fc, max/min ratio,
avg/min ratio, minimum average fc maintained, maximum average fc
maintained, minimum initial fc.
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iNc
b. The applicant shall indicate on the plan whether calculations refer to
"maintained " or "initial " foot-candles.
c. The applicant shall indicate on the plan whether calculations refer to
"horizontal " or "vertical " foot-candles.
d. The applicant shall provide in the "Statistics " table the information
required by Ordinance 26, 2006 and the City's lighting standards, which
are based on the IESNA design standards. Specifically:
i. For the interior of the parking garage;
1) The applicant shall identify the minimum average maintained, which
shall not be less than 3.0 fc per Ordinance 26, 2006.
2) The applicant shall identify the maximum average maintained,
which shall not be more than 50.0 fc per Ordinance 26, 2006.
3) The applicant shall identify the minimum initial fc required, which
shall not be less than 1.0 fc per the City's lighting standard. This
does not include other areas noted, such as within stairwells.
e. The applicant shall include a"Statistics " table demonstrating the plan 's
conformance with Ordinance 26, 2006 and the City's lighting standards.
The applicant is advised that;
i. During the daytime, the vehicular and pedestrian exits and entrances
must maintain a minimum average of 50 fc.
ii. Stairwells must maintain 10 fc minimum initial light level (Florida
Building Code), as well as a minimum average of 20 fc 24 hours a day
(City lighting standards).
iii. Ramps, drive aisles, and all other areas of the garage must maintain a
minimum average of 3.0 fc.
f. The applicant shall identify the lighting levels for the walk areas for all
public entrances of the parking garage and stairwells, which shall conform
to Ordinance 26, 2006 and the City's lighting standards. (City Engineer)
The applicant is requested to return a copy of our comments with the
applicant's acknowledgement of each comment and the response. Compliance
will expedite the subsequent review.
The applicant is reminded that all submittals are to be made to the City of
Palm Beach Gardens Growth Management Department.
JRO/mef/j m
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• INC
CONSULTING CIVIL ENGINE6RS,
SURVEYORS dc MAPPERS
CIVIL
AGRICULTURAL
WATER RESOURCES
ER & WASTEWATER
TRANSPORTATION
SURVEY & MAPPING
GIS
"Partners For Results
Value By Design"
�0 S.W. Corporate Pkwy.
Palm City, FL 34990
(772) 286-3883
Fax (772) 286-3925
www.lbfh.com
MEMORANDUM
TO: Jackie Holloman
FROM: Jim Orth, P.E.—����
DATE: July 17, 2007
FILE NO. 16792
SUBJECT: Waterford Hotel
Traffic Impact Analysis
Palm Beach County Traffic Division and the City's traffic consultant, MTP Group,
Inc., have completed their coordinated review of the Traffic Impact Analysis for the
above referenced project prepared by Kimley Horn & Associates, Inc. dated
February 2, 2007 and received March 22, 2007 pursuant ta the Palm Beach County
Traffic Performance Standards and the City of Palm Beach Gardens Land
Development Regulations for the above referenced project. Their review concludes
that the based on the information included in the traffic impact analysis, the project
is in compliance with the City of Palm Beach Gardens Development Regulations.
Additionally,
The build out date is December 31, 2008.
A copy of Palm Beach County Traffic Division's comment memorandum, dated
April 20, 2007 is attached, along with a copy of MTP Group's coordinated
comment memorandum dated April 19, 2007.
If you have any questions or require additional information, please do not hesitate
to contact me at (561) 799-4129.
JOR/mef
cc: Todd Miller — Palm Beach Gardens (tmiller@pbgfl.com)
Maria Tejera — MTP Group — (mtejera@mtpgroup.net)
Masoud Atefi — PBCTD (matefi @co.palm-beach.fl.us)
�,.�� �� ��i�� ���� ���C,;,
W J�.. 2 � �ii�! L�.
► � �i'�"` �' ' a"^���6;
iJ� ���:�;�. ��",? ti'�: � '����I�a�`� ..
P:�PBGMEMOU 6792U 6792 - 20070717 - MTP comments to City.doc
�tiACN c
¢Y �G2
• a ►�e
. .
�LORl��
Department of Engineering
and Public Works
P.O. BoK 21229
West Paim Bcach, FL 33416-1229
(Sbi)684•4000
Fax: (561) 000 0000
www.pbcc;ov.com
0
Palm Beach County
Board of County
Commissioners
•ddie L. Greene. Chairperson
JefF Koons, vice Chair
r �
��
Karen T. Mareus
Warren H. Newell
Mary McCarty
Bur[ Aaronson
)ess R. Santamaria
County Administrator
Fiobcr[ Weisman
.: in tijuu! Oppnrltmit�,
.�I//irnvnfirr Ar»i�n /:irrp/o�•fr•..
� pnntod on recycled papei
April 20, 2007
Ms. Judy Dye
Assistant City Engineer
City of Palm Beach Gardens
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
RE: Waterford Hotel Restaurart
Project #: 070332
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Ms. Dye:
7he Palm Beach County Traffic Division has reviewed the traffic statement for the
proposed hotel expansion project entitled; WaterFord Hotel Restaurant, pursuant to the
7raffic Performance Standards in Article 15 of the Palm Beach County Land
Development Code. The project is summarized as follows:
Location:
Municipality:
Existing Uses
Proposed Uses:
New Daily Trips
New PH Trips:
Build-out Year:
East of US-1 South of PGA Baulevard.
Palm Beach Gardens
77 Rooms Hotel, and 1,710 SF Quality Restaurant (to be closed) — in
place for over 5 years.
Addition of 13 Rooms — total 90 Rooms Hotel
Trip Reduction
7 AM and Trip Reduction PM
2008
Based on our review, the Traffic Division has determined that the proposed change does
not have a significant impact on the adjacent roadway network, and therefore, meets the
Traffic Performance Standards of Palm Beach County. The County traffic concurrency
approval is subject to the Project Aggregation Rules set forth in the Traffic Performance
Cj4��rlo�flc (1!:.1:^=?;1.^.°. �F ,: !'..",.':° .'. '�.^i:? 'nn.:.,�: •�.�.. ..r �t,... • �: _ .._
_. _ .. � �'Q ':� :1:. Of�S �:.y:.��.���y :i � u:..ot�iiii�&i�vii� j.iouoc
contact me at 684-4030.
Sincerely,
,
,•
,` ;,'-� , �_�
� , ..
;-
Masoud Atefi, MSCE
TPS Administr�tor - ffic Division
CC: Kimley-Horn 8� Associates, Inc.
MTP Group
File: General - TPS - Mun - Traffic Study Review
F :1TRAF F IC\malP,dmin�Approvaf s\20071070332.doc
LOCATION MAP
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LU.• PO
7HE TOWERS
�unres.inc �APPROVED WAIVERS BY RESOLUTION i144, 2005
iowve WpIVER �APPLICABLE
���3a01 RE�UEST I CODE REOUIREMENT PROPOSE� DEVIA'
i SECTION
SECTION
PARKING 7034a 10.F007 WIDE 9.5-FOOT WIDE PARKING
nilJCUCil1NC I���tYal PGRKIN(;CPA('Fi SPAfFS .S'
Vo. SUiTE tao ISETBACK I7&153 I50-FOOT FRONT I41 FOOT SETBAGK I
1�� Ili1.�GNCi(MiC TARI F 1J CFTRAf.K (E%ISTING CONDITIONI 70�
S�tANOSCAPE DIAMOM1D
E%ISTING PRIVACI' WAII
Location Map `jij
0
� y PGA BLVD.
�
' SITE �
MAXIMUM OUILD�NG HEIGHT 50 FEET
NUMBER OF STORIES 2 8 4 STORIES
NUMBER OF BUILDINGS 1 BUILDINGS
SF AC
TOTAL SITE AREA 80586 7.85
DEVELOPMENTPROGRAM
HOTEL ROOMS 90 ROOMS/36,420 SF
4UXI�IARY BL�G
HOTEL SUPPORT SPACE 8107 SF
LOBBY ADDITION 2d36 SF
LAND USE SF AL %
BWLDING LOT COVERAGE 76,772 0 39 20 81%
GREENSPACE t9.837 046 2462%
VEHICULAR USE, HARDSCAPE 8 SIOEWALKS 43,977 1 01 54.57 %
TOTAL 80,586 7.85 100%
LOT COVERAGE
PERVIOUS SF AC %
OPENSPnCE 73.147 030 i631%
BUFFERS 6,690 0 15 8 30°h
SUBTOTAL 19.837 OA6 2462%
IMPERVIOUS SF AC %
BUILDiNG L07 COVERAGE tE.772 0.39 20 81 %
SIDEWALKS 1,36t 003 � 69%
�RIVEWAVS fl SPECIALTY PAVER AREAS 4,383 0 10 5 d4 %
VEHICULAR USE AREA 37.710 O 87 a6 79%
POOL 8 SPA 523 0 01 0 fi5%
SUBTOTAL fi0.749 139 7538k
TOTAL 80,586 1.85 100.00 %
PARKING CALCULATIONS REQUIRED PROVIDED
SPACES 99
GROUNULEVEL 86
BELOW GROUND LEVEI 7<
HANDICAPPED (INClUDE01N TOTAL) 4 4
TOTAL 99 700
LOADiNG SPnCE > >
BICVCLE SPACE 5 5
Lega/ Descriptior�
Au THAT PORTION Of GOVERNMENT lOT 7, SECTION 0, TOWNSHIG 42 SOUTH, RANGE 93, PALM BEACM COUNTY, FLOR
EAST RIGHT-0f�WAY IINE OF STATE ROAD NO. 5(U.S. HIQ/WAY NO. l), AS NOW LAID OUT AND IN USE, LESS THE NOF
FND AL50 LESS THE SOUTH 27<.67 FEEf THEREOf AND MOf1E PA0.TINLARLY DESCRIBED AS WlLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT �OT 7 AND THE EASTERLY RIGHT-0I
R00.D NO. 5; THENCE, SIX1TH 16°51'75" wEST, AIONG TME SAID 0.IGHT-0E-WAY �INE, A DLSTANCE DF 612.69 fEEf TO
CONCAVE TO THE fAST HAVING A MDIUS OF IB50.09 FEEf AND n VARML CENTRAL ANGLE Of �9°SS'09'; THENCE, SC
A0.0 OF SAID NRVE, A DISTANCE Of 137.31 FEEf TO THE PO1NT OF BEGINNING; TMENCE, CONTINUE SIXlR1ERLY ALC
WITM A PPRTIAL CENTRAL ANGLE OF �9°1936', A DISTANCE OF 307.16 FEEf TO A PpINT ON A LINE IYING Z)4.fi7 FEEI
MEASURED AT (11GHT ANGlES TO) AND 7AMLLEI WITM THE SOUTH IINE Of SAID GOVERNMENT LOT 7; TMENCE, SOlfl
THE SAID PARAILEI LINE A DISTANCE OF 283.51 fEET TO A POINT ON THE EhST LIfVE OF $AID C/JVEIINMENT LOT 7; T
E0.ST, ALOM1G THE EPST IJNE OF $AID GOVERNMENT l0T 7, A DISiANCE OF 291.95 FEEf TO A �OINT ON A IINE IYING
(WHEN MEPSURED AT R7GH7 ANGLES TO) M!D PAMLLEI WITH TME NORTM LINE Of SAID GOVEANMENT l0T 7; THEN(
ALONG Sa10 VAMLLEL UNE, A DISTANCE OF 251.91 FEEf TO 7HE POIM OF BEGINNING.
A SAID PAIiCEL CONTAINING 1.95 ACRES MONE OR LESS.
SUBIECT TO EASEMENTS, 0.ESERVATIONS, AND RIGHTS OF WAY RECORD.
A�50 BEING MORE PARTINLARIY DESC0.70EDl5:
TRACT "A', ttn7 OF COMFORT INN, ACCO0.DING TO TNE MT THEREOF AS PECOaDEO IN 7lAT BOOK 79, FAGES 150 N
GAIM BEACH COUNTY,FL00.1DA
Genera/ Notes
1. GROGE0.TY 70UNDARY, WPTER SEVJER ANO BASE MAG INFORMATION WAS PROVIDED BY
MICMAEL XMOMH AND ASSOCIATES
1. LANDSCAPE SHALL BE IN CONFORMANCE WITH CRV DEVELO�MENT CODES.
3. ALL STRIG�NG AND CAVEMEN7 MARKING, EXCEPi 7AWaPoG STAI.I SfR1%I�K, StULL BE
CONSTRUCTED WITH THERMOPLASTIC MATERIAlS AS PER �DR SECfION 78�34a.
a. A�L EXOiIC/INVrl51VE VIANT MATERIAL TO BE REMOVm FROM SiTE PRIOR TO
CON5T0.UCTION AND INSTALLATION OF FROPOSED MATERL4L.
5. OGErv SFACE X9,i5 SQUARE FEEr (REDVCi70N OF PAVED AREA VER GMKING SPA�) _
a90.75 SQUARE FEEf
6. HANDICAP VARKING SIGNS SHALL BE PUCED BEMIND THE SIDEWr1Ll( IN ARfAS WHERE
SIDEWALK A&1TS THE SfALI AND WTSIDE 7NE 2 AND A F1ALF (2 1/2') FOOT OVERNANG AREP
WHERE WHEEL STOPS ARE NOT VROVIDED.
7. ALL NANDIUV ACCESSIBLE 0.AMP5 SHALL MEE"f PLl PPGLIUBLE IOCAL, REGIOnAL AND
STATE ACCESSIBILtTY GUIDELINES AND REGUUT101tS. ANV MOOIFlUTIONS Snnl'. BE
APG0.0VED B� THE ENGINEER-0E-flECOaD. ///���
8. ALL STRIPInG, ExCLUDIhG �ARKING STALLS, SHALL BE INSTKLED WfTM THERM�RA577C �?� L
MATERIAS � ) J
Site P/an
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l � C5 cii�v Oi &SE 4KK i5 i�.E �51 YKES
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ce8eti,: _ �.�.,w,.P_.�E,
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_,s.r.a:e:t«_ '"�" DuMor, inc.
j "';}!4f 8{hr.x� _....
I -„r„f '_.__
}y°f.' et.'°r.�'�
MIE< — �x a
8C/7Ci7
NiS
HEDGE MATERIAL
6' CMU WALLS��
� 5'R CONC�
ISLABW/6x6 I
10/10 N^NN
I
PiTCH 2'—
L � � J
UNFi���
STEE IATE W/ 1' DIA.
`j 5 FOft STOP PINS
TO LIMIT GATE C�OSING
(�R�� PnViNG 2' DEEP AL50�
I I . _ ._ , � � � . _ �.. ,..�
I I I I
� I .-
t . I .
Standard 9.5'X I8.5' Parkin� Space Layout Standa�d IO' x 18.5' Pa�kinQ Space Layout
Without Sidewa/k & With Curb Nrs With Sidewa/k & Curb nirs
4I `
.��..� o �.�.,�
��:,...,u r, r . ,,,.
.aF �, o.,��. l
� I � ,�.s„<.,.,4«.....
�
�
Standa�d 9. 5' X I 9. 5' & I Z' X I 9. 5' Handicap Pa�kin,Q Space Layou
With Sidewa/k & Cu�b ars
IS a I
I I
Standard 70.5'X I8.5
Without Sidewa/k & Wi
I' � iPA ING AEOao�o�A PAf
1e II LO ING P P�
Z �IE c� �e iB'
� e..�9a� a �
�" I ♦
�II
� _
SiEELP051
Loading Zone Sign R7-6 DETA/L
.,�.E.o�qM�,r��.�,R�,e,s Nrs s.
R=S�
� „
,Q- j'_ ' HAND/CAP
36 ' 4" 7YV�Ca[ �a
� �Q„ Note:
Syin6o/ to
%2�C Pd/!
� Handicap Parking Detai/s
� E%ISTING LIVE OA1( TYF. �
I
I E%ISTING S�BAL GALM TYP.
'�nIGINAME COMMONNAMF SfZF SPAC/NG REMMKS
RXANENTpL TRFFS
�A�N��LLEA S�R1��MD BO�X�INVILLEA 1RFE 6'�T O A A.S FULL, SOECIMEN, 2.5' C T
il� FISRiA GOIDEIV S�qWFp 8' 0 �. � fi' SPPD. �.5. FU1 GNOFi. 3' C T MIN.
:0.STROEMI� INDIU CREPE NYRTIE AHl B' O.A .1.5 FuLL CAnOGY. LlMblp J
SiRU'+ JM7�ICLM �IGUSTRUM TqEE FOPM 10'RIO A.5 FUl1 GWOCV, �MB W�', MILTi�SiFj�
iN5 VIRGINWU LIVE Wi( 17a S 3.SClL A.S. FUIL GV�pPV 5' C i. MIF.
rnEDORFI UTMKTRWIM UT Fkn 5'-6' Ol�., 6-B CPNES Mln �.5 WLL TO 815E
iTON1A CNINFN515 CMINESE F>N P� 1'i! ♦.i FULL
�� ���T� �M� P� 5' O.A AS FUy CMpVY
: OSPERMA MACARTIIINI AUATMUI P/�L� 17 OA A.5 SIJO( T0.UNN, ilA1(JNOPv
:NOSFENMA EIECJNS /�LEXANOER vNN 1�' OA TRIRF A S HA1 L TMIOc
' IX NOEBEtFNII PYGMY D�iE PMM 1' O.A.TFIRE �.5. F1AL fX�OPv
iTONE� EtAT� FLORID� 0.0YK pµll 19 C.T. A.S FlA1, STq.UG„T TRV�M( ly JpFp
�we.�unus ium nEO nv aeo nv cocaiu.
�un wsun oUnu+ ��r
xos+uvvfa�w� sE.ca�r�
z� o c cuu e nna
A.S. kA16lMKK
r _.c riu a n�ac
COCOMUn nEDGE
E%ISTING STRANGLE0.fIG
TO BE 0.EMOVE�
REIOCATED SFBAL �qLMS
'CONDO
COUN7Y
COCO�LUM HEWE
GREEn BUTTpNWppO TYP.
6' EXISTING PWVACY WALI
�EXISTING ]ATROPHA TYP.
EXISTIfvG C0.0TOh MASS
Ek�STInG LIRIOPE M0.S5
i
E%LSTING WAX lASMINE Mh55
11
Landscape Ca/cu/ations
V0.0POSED LANDSCAPEPOINTS p�FEauo
SVECIfSLiS! TY
TOTLL IREE \ VLLN UMI15 q(OVIMD l) �6 !OM MIN. )SMO Of TOTAI RfQUIpED TAE[S � V,LLM59�ALL 9[ {AOM VNEfE(IRfO LIS
tOi1l SHRUB 1111R5 PAOVIp(D 1,6SI 1,%S ■�X MIIY. )5^N Of TOT1L R[pUIRfD SHPUlS SHALL pf FROM PREF[RIIED LISf
ITOTK VOINTS� PRff[MFD VpEFF0.qfD
POINTS II PER �11E 5'EC1E5 SPFCIES OTY fp51IN /(µ//yJ[� [
iao w �o • �a u�ouc
�5 5 J ULqEL ON(
5 5 � CqEVE MYRiIE RID'
b 5 6 • 6 ]ATROMA
5 5 � hN��f
}p ]l 10 • 10 LREp1BUi'Ipf1NC)pp
10 5 l TABFBUI�
w xo � • � wtiw�ncTOnu oiu+
6)5 1> ) N ]9 S�BK GNHfTiO
]YI I5.] IS • 15 COCl]MiflVhM
l3 6l 5 5 /�iE1cwDEA nNH
111 ISl B B 110YKpAlM
�� � vrcnro�*c>ru�
iu s �i aasmwsv.u+
ina i.»o • i.no sranasw.ornavoco�n
Location Map
/_ah�c�anv
SCa/E I: % O
�EXISTING WA�NINGTONIA
�- PALM TO REM ,IN.
�5
�
2 RELOCATED SING
ALEXANDER PALMS
-� '
)I F TYP
PL4NT SIZE PNO QU�LItt
TpEES,VALM5,5NR1185,GROUNOCOVE0.5�
FLANT SCECIES AND SIZES SnALI CONfOPf+ �O TnOSE In01UiF0 ON inE DRAwINGS, NOMFnCV+Tt1Pf SMau COFFOqM
i0 51PN04RD PV.NT NPMES, 19a1 E�IT7pV nll NU0.SE0.Y STOCX SnALI BE IN KCIXION�CE WRn GPPDES M'D
STANOPADS fIXi rvuR5E0.r PtANiS PAPi51 6 11, Lr1TESf EOIT70N VUB�ISnED Br TnE FL0IUDA DEGMTnENi Of
AGRICULTURF N+D CONSUMER SERV�CES, UNLESS SCEOFlED OTHEFWISE NLL PtANTS SMnLI BE FL0RI04GPPDE
NUMBEft I OR BtTTE0. 0.5 DEIE0.M�NF0 Br iME FLOP!DA OIVISION Of GIANT INpUSTqY. TIC.HT(Y FNIT PLPNT, SU TqNNED
OR fAYORE� IN Ii5 DEVEIOGMENT THAi f10.5t o➢VEPIiPNQ IS UNDuESiIONPBtE N+O Ii IS OuT5i4VDINGLY SUPERIOR IH
I NG MAHOGONY ��• NunBER O! B0.4NChES, COMPnCiNESS nND �rnnEiRV aiL GLN+*5 Snn�l BE fRESNIr DuG, SOUND, nEKTnx.
VIGIXIIXIS, wELI BRNVO�E� nND L0.EE O� DISE45E aNOINSFR EGGS nND L4FVnE aND $n/�Ll MaVE aDEWaiE RWT
=MAIN $YSTFMS iPEES NJD CKMS fOP FIANT�NG ROYh SHM1LL BE UNIFOkM IN SIZE NVO SHAPE ?ll MATERIP155HPLL BE
SU61ECf TO MPROVnL 8� ThF LArvOXPGE MCnRECT *ME PIAN*S fUFrvISnE� SNnLi BE N��/Y FOH THE vARIFfV
PNO FIORIDF HUMBER I. PlnN1S SMALI BE %3U�'Efl VRIOR i0 DEIiVEP�" ONIV UPON iME PPPROVN Oi TNE lANOSCMF
nkM1tER
_S 9" O.C.
RLL CIXJTAIHER GROwN MAiFRInI SnnLl BE nE/+lihv. VIGOROUS, wELL-POOTED RPNLS RNO ESTnBLI5nE01N THE
CONTNNEP IN NMICh TMEY An£ 5(XD iME PlN1Tti SNALL nAVE TOPS Of LO00 QuRLITY M'D 6E IN A nEKTnv GROWINC,
CIXVDITIIXv
Ni ESTr1&ISnED CONiAINER GROWN PLNVi 5npll ,t TRpNSPIUJTED INiO P CONia1NER AN� GROVM IN MAT
CONTAINER SUFFlCIENTIV �OrvG EfvOVGn F00. iHE nE W fl&tOUS ROOTS �O nnVE DEVFi0PE0 50 TnAi LnE ROOT nASS
WIIL (1ETAIN IT$ $IIAPE PIVO MOLD TOGEiMER WMFM1 REMOVEO FPpY iME CONiNNER
M B D E n1YPTU M F MU
FERTILIZEP IN BACKFiII nIXTU0.E F00. Nl Ptu+TS `.nnLL CONSIST Of NIIORG NITE PCTIVpiE� SLUDGE MI%E� WITM iMf
BKYFILL AT n RATE OF NOT LESS TnnN 50185 PEP N81C YMD
fERTILIZE0. fOR i0.EES NYD SM0.UB5 Mnv BE in6�Fl FDRM OR G0.4M1LnR GRPNUIM fEaT1L12ER SnALL 6E UNIfORM IN
COMPOSITI0.N, Ditr PND fREEfIOWIrvG iH15 FE0.rILIZEk Snq�l BE OE�IVERED iO TnE SRE Irv T�E ORIGINnl IINOPENf�
BaGS, EtLM BEMInG TnE MANUiACTJRER'S S1atEMENT OF PNN+'S15, avD SnKI nEEf Tr.E iOLIOwIfvG
REQu1REMENTS� 16 %NITROGEN, �°b vNOSPHIXtUS, li °k PO*ASSIVM, Ru51RON TA&Ft FERiILIZER (nGNFORM OF
EQLIPL) In 21 G0.PM Si2E 51+4.1 MEE� TME F(k�OWIhG RE(7JIPEMENiS� i0 k rvRROGFN, 10 %Ni05GN00.U5 PN� 5 °k
POTqS51UM
FEftT71J2ER WILL BE P➢PLIE� Ai TNE FOIIOWING PiTES_ _
vlAni SIZE 16�),IT 04NFOW � ipg�(TS(il GRM�I
RM
1 GK I/a LB. I
3 ca. in �e. �
>� i 5 GA�. 1/] lB. 6
1"6' CPIIPER 1 L85./I"C/�11PEA 1 FEN i�(41PER
6� NVD IARGE0. I LflS./1 CPIIPER ] PFR I� fP11PER
'�RORIDP EAS� COASi GNM SFECl/�" SnAll pE /�PGI IED IO �l vatMS ni INSit�iail�rv ni n RATE OF �n LB. PF0. INQi
Of TRUNK UNlES50TnERWISE SFEOFIE�
fIEID G0.0WN TR[ES N1D C/�LMS PRfV�W5l1' HOOi PRl1NE0 SnPll p9i41N H 0.0pi gqll WITH SUFfICIENi R0015 F00.
CONiINUED GROV✓�n wI�HIXIT RES�LTING SnOCk.
CONiRACfOR SMPLI NOT MNPI( 00. SCPA i0.UNK IN '�.Yx i0.5NION
GWVTS SN/�i BE waTEttED 0.5 NE�SSMw 00. WITNIrv 1a HW0.5 nfTEP nOTIfICPTION Bv TME WJOSCAPE ORQtITER
1HE 10UT10N5 Of FLANTS. 45 SMOWrv IN TMESE RNVS, AtYE �0.0%IMATE. THE FINK IOCNT10N5 MAY BE nD]USTEO
TO PCCOMMOOnTE UNFORESEEN iIELD CIXiDiTI(NV5 MN00. OD1USiMENTS TO THE Lnvq1T A0.E i0 BE nGG0.0vE0 BY
iHE lPNDSUPE MCNITEC�.
ALL WJSiIC :PB1UC SnPLL BE REMOVED FROM RPII� MATE0.1/�L P� T1ME Of INSTPLlAT1IXV.
ALL iREES MUST BE STAKED kS SnOVM ON TMf PlAN17NG DFTAllS WlTnirv 2a nWRS OF PLpNTING. SfNES i0I1EMAIN
FOR A MiNiMUM Of 9 MONTnS, &1T nq IONGEfl TMhN t6 MONTttS. CIXVTROC"f0R {5 0.ESPONSIBLE FOR nPINTENMlQ PNO
REMOVFI 0� THE SThCES
ALL TREE$ MUST BE V0.UNE0 � �ER LAN�SfACE nRC`�ITER'S DIREC�IOn. SqBty PALMS MRr BE nU0.0.1C1WE M.
Nl SH(tU85, TqEES l�NO G0.0UN0 COVF0. WILL MnK IM%tOVED SOII t5 GER VIANTING SOIL NOTES. THE'AILS SMAII BF
Vl/�D IN TMf MOIE OURING VllU�fiING. i0P DRESSING IXJIY IS NOi ACQPiaBLE.
p0 NOT pLIOW AIR P00(Ef5 t0 FOPN Yrt+EN BKKf Ill1NG- NL TREES Snnll BE SPIKED IN UTILILNG WaTER rWD A TAFE
BR0.
TME IJJJOSCPPE CqViRAC10R SnALI WATE0., MULQ� N'EED, �UNE, AND OiMEP WISE NAINTNN KL RPf1T5, INQUDING
SOU, UNTIL C�MPLETlIXi �F COMPAR QR K�PTpY� BV LANDSCqGE MO�RECT $ETfIED RPNT$ SMMl BE PESET
TO AtOGER GMDE, GLANTiNG SN)CE0.5 RESTOREO. NVO DEFCCTIYE WORK COPAL TEO.
TNE IAfJpS(APE CIXVTRICf01l5MPLl RT ALL TIMES KEEV THE �En�5E5 fREE fAOM nCNMlAPT10fV Of w0.SfE
MATEIUNS OR DE&115 CNISED BY MIS CREYS DURING TNE VERF00.MArvCE OF inE wpRK UPON COMPItTON OF THE
Wqtl( TME CONTAPLTO0. SHOLL PROMVTLV IIEMOVE 4l WASTE nnTER1Al5, DEBkIS. UNUSFD RN'IT NNTEIi1Pl, EMPTY
PUNR COIVTAINE0.5 NVD Pll EQUIVMEfIT FAOM TnE G0.0]ECT SITE.
UPON COMPlET70N OF TNE NORK. TnE IANOXP➢E CONTppROR Snau rvOTlfr inF WvOXMC MQI1TECf ANO
REQUESf R FINPl INSGECIIO�'. <1'�r fTEMS TNPT nPi IUDGF01NCOnP�ETE OR urvXCFVTPBIE Bv TNE VJIDSCIPE
0.PLHRER 00. OWNE0.'S PE%lESFNTpTIK Snnil BF MtOMFilv COIIPFCfEO B+ THf W+DSCP➢E CONTPACf00..
SMPLL BE �OM?Tlv REPLACED WITn SCE�MENS inAT MEET TME MINIMUh REQUIfiFMENiSGYIED f00.0N TME
pRpWINGS. iHE LPNOSCnPf CONTPA�fql $NqLL NOT BE MFID RESWN519LE FO0. inE DEnTn O0. OM+nGE 0.ESUltll
f0.0M LIGHiNiNG, vaND4LiSn, nND �LLITOMOfi1LE5 CQ FROM NEGLIGErvCE Bv THF OwNER. COrviRp��00. SnN1 BE
RESPO/v51BlE FOR WpiERING WvC OTMENWISE MNNTRItVIfYG RM'TS llv i0 iME CONDIi�pNty q[[[piIWCE PER1IX
UNlE55 P NRUi�EN eGREEMENT WIT1 THE LNi05CAiE MCMITECT PAOJIOES f00. P pIfFFRENt ARRONGEMEMT
KL LABOA �'D MATERIRI f00. SOI� RMENDMENTS MIO FERTIliZE0. TMat IS REQU10.E0 TO INSURE inE SlKCE55F�1
ES��+➢lISMMENT qND Sl1PVIVAL O� TME P0.0POSE0 YEGETPT70N, f5 WELL Ai nLL �HE COS� �Ok iNE REMOV4 IX
UNSUITABiE OR ESCE55 fl4CAFllI MnTERIK, SHdll BE INQUDEO IfV TME CONTRnROpS BIO TO GEf+FOPM THE v.C)F
REVPFSENTED IN iH15 %NV SF1
1 GtpfVilNG ipFES
ExCAVnTE Pit 0.S pE0. PIpNTIn[ DEif�lS. COMVOLT UYER OF TOGSOII IN PIT �"/ITn <YIGNit� �ISMEp Gk^DE TC
CENiE0.
B4CKfl�l MOUNO BnLL W1Tn iOF5011 nND Sl1GMilv COl�WKT, W/.TER iMO0.0UG`4+' 0.5 LnvERS ME P�A(t0 TO
ELLMINptE WI05 PNO AlR POCKETS. 9�IL0 A 6' nIGH BEPM Of iOpYlfl BErONO EDGE Of ExUVAT10rv. a➢RV ]�
SETTLEMEnT)pi MULO�
PR�NE TPEE i0 REMpVE DMtiIGED BPNJO�ES, IMPROVE fJATURPl SnVPE Na0 THIN Wl $TRUCTURE DO rvU1 qtM(
MqIE iH0.N IS %Of B(tANU1E5. DO NOT PfIUNE BI�IX TERMIN/LL LEPDE0..
GIJr nN� SiN(E TPEE IfV ACCOkOANCE WIT THE STAKING DETNLS IMnED1ATElY AFTER MANTING
) PLUVTING Sn0.U85
LAVOtIi $HRUB$ TO OiEAiE o CONTINUOUS SMOOTM fROfvi LINF AND /lLL IN OEnIND
EXUVAiE oli qi TPENCM i(1 I�IIl iIMES THE DIAMETER Of iME BRLLS ON CONTqlnE0.5OP I'-0� WIDEP inAN inf
SV0.EN0 Of 0.0pT5 ANO 3" DEEGER iMAtv REQUIRED F011 VOS�TIOrvING aT N10VER nE1Gni COnPnCf a �pvER p
i0V5pll IN BOTfOn BEfORE ttACiNC, PLM'TS. B4CKfILL OROUND ClAtttS `M�n FlM'TING MI%NRE, iOMPOLTED �
ELIMIliFTE VOIDS AND AI0. P(K�;EiS fOHM GRNDE SLIGHTIY DISHEO N1D BERNED Ni E�GESOi E%UVqTICW. FR
Of MULCH
P0.�NE SNRU05 TO 0.EMOVE DnntnGED &iM'G1E5, IMP0.0vE N�iUW1l SMPPE nN0 inlN OUT STFUCTUPE. DO NOi
REMOVE MOFE TMeN IS °k OF BqPNO�ES�
a. PLqNTIf+G GROUNO COYEa
1O05EN SUBGMOE TO DEVin OF a" IN qREAS wHERE i0P5011 nA5 9EEN Sf0.1PPfo nNb SPPfPD S�tOOiH
SPACF PtANT5l5OTXEAWISE INOICnTE� �IG nOLES LMuE EIVOUGn TO ��Ow SVREaDING Oi RO�iS C(H�PKT
BoCKFILI TO ELIMINATE vOIDS nrvD LEn�F GRADE SLIGHTIY OISNED ni EKH PIANi Wa1EH TnOHOUGNtr nPqv
MULO� OYEk ENTIPE pUNTING BE�, liRI1JG VIPNi fOIIRGE NBOVF MuLO�. GURRE aIEEN GROUNDCOVEF, If
SPECIFIED. S1dll Ofvlv RKEIVF I� OF MULG1
OURING PEIUODS Of HOl SuN ANOIOR WINO ni i1ME OF %MITING, FkOVIDf F0.0TECTIVF COVEP FOR SEVEnP1 Dn'
AS nEE�EO
5. PLM�i1NG LAVrtvS
SODDING'. 500 TYPE SVECIF1ED ON DIqNT lIST SMa1l BE nOCNiNE STRIPPEO NOT MORE Thatv 2a �q5 pp}pp iC
LAYItX.
LOOSEN SUBGPADE TO DEViM Of a� pN0 G0.PDE WITN TOPSOIL EITnER PftO`/IDED Orv SRF OF IMPORTED i0 FlNIS�
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KtYED NOTES: O
I �XISIIN�� �ICNi �IXTURE/P�E �.SSI
aN0 06C<RDED
2 Ex�STR�G LiCHi BOLLnRD i0 BE Ri
} �I�HT FI%TURE UNDER DRIV[-MRU
3 Y.?.��KWAV UGHT BOLL4R0
� f�EW GARDEN�COURTYARD �h1RLL E
LAfl��SCAVE LIGHTING
����ure Scnee,.ie
Oiy �_aUx Descript�on LL� Lvnens
10 $a C00?ER p�. GSM-PM ?�0 Mi� Mi-$L-�G / MOUN'E7 aT 20" R`u 0.720 20500
Z $B COOr'ER M(21 GSM ?M ?SO MM-Mi-nS-�G / M`J11��_D fi 20' AFG 0.120 20500
� SC C�O�ER t LSM-aM 250 MN NT-$L-�G / MOUNiE� +i IS' u�G 0.720 205J0
a S� C�O�ER n C6i72-6110 � YOUNIE� A7 12' PfG 0.72� 1900
i� sc cac� ��. 3ns3000 o�m esao
Nu�er'� Su���c.y
LabP� Co [iyPe Units /+v9 N�x Min 4v9/M'in Mex/Min
`/+LKVAY 4R�?< 'llunnonce Fc 2.51 �5 10 2.51 a.50
aR7PER�Y Ll�lt Illunlnon�e �C 009 732 J00 NP. Nn
PARKIN�„ aREa I�lu��non�e �c 2.8� '1 l0 2,85 7.10
PppL n�2EA Illunlnun:e �c 66 9i �5 1.97 2]6
PAF'�(�NG L(Jf �.;L_ULriiIONS Ai '�FAO_
PRC�CRiY �i`.0 ra_[��qiICNS H� 6' nB7vE �IHISn GRTDE
� a
i
� �
SiD PIPE
iENON.
��
`LIGHi FI%iURE
W! SLiP FrtTING
TAPER OIti2 NjFi
NOTES:
1. PRO�iG! ALL HARDWARE
NECES-� r 70 COMFLErE 7HE
iN TEND'� [;, iJ5 i P��LAlION
2. CONTPn�TOR N�LL BE
REQU14ff TO SUBMIT
CA�CUL � �N> rROM iME POLE
MANUF� � �RER, SE4iED BY A
SiRUCiu:..� ENGINEER
LICENSE(' '�'J THE STAiE OF
FLORID/+ �0 CERiIFY
CONFGRI . �l E OF EACH ENTIRE
POLE A'� MBLY TO iHE
GREATER .r THE APPIICAB�E
SrqND k(
} VME1HiF IND'.CnTEO ON THE
3'� % 5' MIN DRAwin ., OR NOT, CONDW T
HAN�HDLE ENTRIE .LO 017ECT BURI�.L
pOLES 1.I.L BE BY MEANS OF
A NEM � JUNCTION BOX
r�GUN E� �3"nFG ON THE SiDE
Of THE �'�_E NOT SUBJECT TO
DIRECT L�.n^AGE FROM TRAFFIC.
FINISHE✓ 1ROM B.1"+ OF JUNCTION BO%,
GRADE PENETR> � INTO POLC FOR
,�� CONNE T._r1 TO LIGHT FI%TURE
24 MIN
3/4' \ i�'-0�.` �-pVC CONDUiT
Cp?PER _L4D
GR�JhJ P.OD \� (SCnt� a0)
9 POL iHALL BE
rONST�.�irED i0 w�.inSTANO
140MPF-� -:��IjTAIIJED 1'���D
SPEED
Na a<�?E �-.��
C ir;,
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rn z NnT rn srA� F .I':
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PRf7P:�tY LIME i�i�ano�.a F: 009 072 000 N.n �� �
P.iRNIt�G �1R=A Ili�n�nance fc 2�7 71 IC ?g7 117 ' �
PO�L /.REF Iil���incncz �, 665 SI 7+ 19) 2]_.— ' � =. ..
vFL�vRY nREFi lii��.��anc= �. 296 8 3 10 2 a6 B 3�` ,_�
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_ Units P.vg Mnx h1i� Avg/P1in Mpx/Min
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GARAGE PLAN — LIGHTING
SCn�_E� 3/i6..-i. �..
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I
SHEET NOTES:
i aEn�O�dE ar:D OKCn3D a�_L Ex
'�_IGMT FIk7uR_j MN�] ,;S��JCIAL=C
4NC �On�R0�5
2�HE ENGInEER OF R�CORD YA;
'_E�TER OF CEkT'�F�CATI�y �.� AIJ+
SuBSTti��i:On OR �_ynuGES ARE
DESiGr+ w;in0u� GfE ENGiNEER�S
3 � is NE co rRacroRS REs
c� aau �N���arE atir suesr�ru
ari'� SuBUi r�EV �-HOiOMCTR�CS
�u6reirTED u�!+i �.xTURES (E�.E�
S°ECiF�cD) FOR iNE Er�GmEER i
COr,TaaCiOR'S EzPEtiSE
KEYED NOTES: �,
� ��_�o �.� �awpniEn+r E«ac
�
Cuvf Gi.�a c� ai0 EOUIP�eENT [�_I
RE�J �IRMCN ] Yll?H �QIJPMENT S
ADJVS 4Cf_ORDINGLY WITHO'JT P
COS
2 �uP.FnCE-r.fvUni uCHT FizTUI
PaRr.ING GPRAGE
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_Type Units Avg Mnx Min Avg/Min Mnx/Min I
�inance Fc L70 7.6 02 8.50 38.00
---
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GARAGE PLAN - EMERGENCY LIGHTING
SCALE 3/76"=t'-0"
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AN� CONiROLS
2 rnE Eri��irvEER OP RECO20 v
�_EiiER OF CERi�F�CA7��On tF an
SuBSi:fUiiON OR CHn:uGE> AR�
DESIGv WIiMpUT ir�E ENGIr1E;.R
3 I? i5 iHE CON�7qCTpR'S RE
I;�ARLY INnI�AiE %NY SUBS111
er+c sue�.,,r Ne,v ar,oroti,craic
SUBMIiTEO LiGMi FiXTURES �E`!I
SrEGFiED) FOR iHE ENGWEER''
CONi��.SC�OR'S EXPE�uSE
KEYED NOTES: �,
I -IELO V=FI�7 EOUIPMENi E%P
CUOR�iN,1iE SAID :�UIPMENT EI
REVUIRh1ENi5 1VIiN E0111PMENi
A�JUSI aCCORDINGLY vniHOUi
CGST
2 SUFFACE-AAOUNi LICHT Flxi'.
PP:ZKING GARAGE
} FI%TURE IN�ICAiED I� SAME
INGICaTED 'V�� EO 4, CONNECTED
�_IGYiING iIP,CUIi 4H�AD OF L.�(
�
ORDINANCE 13, 2005
Date Prepared: March 4, 2005
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA AMENDING ORDINANCE 53, 1988,
6 ORDINANCE 18, 1992, AND ORDINANCE 14, 1996 RELATING TO
7 THE ZONING FOR THE WATERFORD HOTEL PLANNED UNIT
8 DEVELOPMENT (PUD) TO TRANSFER THE SITE PLAN
9 APPROVAL AND RELATED CONDITIONS TO RESOLUTION 44,
10 2005; AND PROVIDING AN EFFECTIVE DATE.
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12
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14
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WHEREAS, on February 16, 1988, the City Council adopted Ordinance 53,
1988, thereby approving the Garden Suites Planned Unit Development (PUD); and
WHEREAS, on August 6, 1992, the City Council adopted Ordinance 18, 1992,
thereby approving an amendment to the Comfort Inn PUD to allow for the construction
of a swimming pool building; and
WHEREAS, on November 21, 1996, the City Council adopted Ordinance 14,
1996, thereby approving an amendment to the Comfort Inn PUD to allow for the
construction of a two-story, 7,507 square-foot ancillary building; and
WHEREAS, the City has received a request (PUD-04-10) from Mr. Marty Minor
of Urban Design Studio, on behalf of Savol of Florida Inc., for approval of an
amendment to the WaterFord PUD to allow for the inclusion of a 1,710 square-foot
restaurant; and
29 WHEREAS, the Growth Management Department has reviewed said application,
30 and has determined that it is more appropriate that the site plan approval and the
31 conditions related thereto be transferred to Resolution 44, 2005 of the City Council; and
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WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, 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.
�
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Date Prepared: March 4, 2005
Ordinance 13, 2005
SECTION 2. Section 1 of Ordinance 53, 1988 is amended to read: The zoninq
of the following described property known as the Waterford Hotel is hereby desiqnated
as a A Planned Unit Development (PUD) Overlav with an underlyin zoning of General
Commercial (CG-1):
�� �,
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u n .
�. „
9 ,
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11 .
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LEGAL DESCRIPTION:
ALL THAT PORTION OF GOVERNMENT LOT 7 SECTION 4 TOWNSHIP 42 SOUTH
RANGE 43 PALM BEACH COUNTY FLORIDA LYING EAST OF THE EAST RIGHT-
OF-WAY LINE OF STATE ROAD NO. 5(U.S. HIGHWAY NO 1), AS NOW LAID OUT
AND IN USE LESS THE NORTH 734.42 FEET THEREOF AND ALSO LESS THE
SOUTH 274.67 FEET THEREOF AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
25 COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID
26 GOVERNMENT LOT 7 AND THE EASTERLY RIGHT-OF-WAY LINE OF SAID STATE
27 ROAD NO. 5 THENCE SOUTH 16°51'25" WEST ALONG SAID RIGHT-OF-WAY A
28 DISTANCE OF 612.69 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
29 EAST HAVING A RADIUS OF 1 850.09 FEET AND A PARTIAL CENTRAL ANGLE OF
30 04°15'09" THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A
31 DISTANCE OF 137.31 FEET TO THE POINT OF BEGINNING THENCE CONTINUE
32 SOUTHERLY ALONG THE ARC OF SAID CURVE, WITH A PARTIAL CENTRAL
33 ANGLE OF 09°19'36" A DISTANCE OF 301.16 FEET TO A POINT ON A LINE LYING
34 274.67 FEET NORTH OF (WHEN MEASURED AT RIGHT ANGLES TO) AND
35 PARALLEL WITH THE SOUTH LINE OF SAID GOVERNMENT LOT 7• THENCE
36 SOUTH 86°52'35" EAST ALONG THE SAID PARALLEL LINE A DISTANCE OF 283.51
37 FEET TO A POINT ON THE EAST LINE OF SAID GOVERNMENT LOT 7• THENCE
38 NORTH 01°51'S0" EAST ALONG THE EAST LINE OF SAID GOVERNMENT LOT 7 A
39 DISTANCE OF 292.45 FEET TO A POINT ON A LINE LYING 734.42 FEET SOUTH OF
40 (WHEN MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE NORTH
41 LINE OF SAID GOVERNMENT LOT 7 THENCE NORTH 85°12'07" WEST ALONG
42 SAID PARALLEL LINE A DISTANCE OF 251.91 FEET TO THE POINT OF
43 BEGINNING.
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Date Prepared: March 4, 2005
Ordinance 13, 2005
SECTION 3. Sections 2 through 8 inclusive of Ordinance 53, 1988; Sections 1
and 2 inclusive of Ordinance 18, 1992; and Sections 2 and 3 inclusive of Ordinance 14,
1996 are hereby transferred to Resolution 44, 2005. The remaining sections of
Ordinance 53, 1988, Ordinance 18, 1992, and Ordinance 14, 1996 shall be renumbered
accordingly. Any future amendments to the development plans and/or conditions of
approval shall be accomplished by Resolution of the City Council.
SECTION 4. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: March 4, 2005
Ordinance 13, 2005
PASSED this �_day of �AP,uL , 2005, upon first reading.
PASSED AND ADOPTED this S�' day of , 2005, upon second
and final reading.
•
:
• - �`il � '���
��
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�. . 1- •
1
`GARDENS
ayor
member
.
_U f
Ha . Valeche, C uncilmemb
Jody B mett, uncilmember
ATTEST:
BY:
atricia Sri�er, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
��
BY: s'
hristine P. Tatum, City Attomey
G:�attorney_sharelORDINANCES\watertord hotel - ord 13 2005.doc
4
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Date Prepared: March 4, 2005
Revised April 7, 2005
RESOLUTION 44, 2005
A RESOLUTION OF THE CITY COUNCIL OF THE GITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
THE WATERFORD HOTEL PLANNED UNIT DEVELOPMENT
(PUD), WHICH IS LOCATED APPROXIMATELY 1/10T" OF A MILE
SOUTH FROM PGA BOULEVARD ON THE EAST SIDE OF US
HIGHWAY ONE, 70 ALLOW FOR THE INCLUSION OF A 1,710-
SQUARE-FOOT RESTAURANT INTO THE PUD, AS MORE
PARTICULARLY DESCRIBED HEREiN; PROViDING FOR
WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 16, 1988, the City Council adopted Ordinance 53,
1988, thereby approving the Garden Suites Planned Unit Development (PUD); and
WHEREAS, on August 6, 1992, the City Council adopted Ordinance 18, 1992,
thereby approving an amendment to the Comfort Inn PUD to allow for the construction
of a swimming pool building; and
WHEREAS, on November 21, 1996, the City Council adopted Ordinance 14,
1996, thereby approving an amendment to the Comfort Inn PUD to allow for the
construction of a two-story, 7,507-square-foot ancillary building; and
WHEREAS, on December 1, 2003, the Code Enforcement Special Master
determined that the existing restaurant at the Waterford Hotel was not an approved use,
and found the Waterford Hotel PUD in violation of City Code Sections 66-46 and 78-49;
and
WHEREAS, the City has received a request (PUD-04-10) from Mr. Marty Minor
of Urban Design Studio, on behaff of Savol of F4orida Inc., for approval of an
amendment to the Waterford PUD to allow for the inclusion of a 1,710-square-foot
restaurant; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is su�cient and is consistent with the City's Land Development
Regulations, and has recommended approval; and
WHEREAS, by adoption of Ordinance 13, 2005, the City Council determined that
the site plan approva{s and related conditions for the Waterford Hotel PUD contained in
Ordinance 53, 1988, Ordinance 18, 1992, and Ordinance 14, 1996 shall be transferred
to this Resolution; and
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Date Prepared: March 4, 2005
Resolution 44, 2005
WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby a�rmed and ratified.
SECTION 2. The amended development plans for the Waterford Hotel PUD are
hereby APPROVED on the following described real property, subject to the conditions of
approval provided herein:
LEGAL DESCRIPTION:
A�L THAT PORTION OF GOVERNMENT LOT 7, SECTION 4, TOWNSHIP 42 SOUTH,
RANGE 43, PALM BEACH COUNTY, FLORIDA, LYING EAST OF THE EAST RIGH7-
OF-WAY LINE OF STATE ROAD N0. 5(U.S. HIGHWAY NO. 1), AS NOW LAID OUT
AND IN USE, LESS THE NORTH 734.42 FEET THEREOF AND ALSO LESS THE
SOUTH 274.67 FEET THEREOF AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID
GOVERNMENT LOT 7 AND 7HE EASTERLY RIGHT-OF-WAY I.INE OF SAID STATE
ROAD NO. 5, THENCE, SOUTH 16°51'25" WEST, ALONG SAID RIGHT-OF-WAY, A
DISTANCE OF 612.69 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
EAST HAVING A RADIUS OF 1,850.09 FEET AND A PARTIAL CENTRAL ANGLE OF
04°15'09", THENCE, SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 137.31 FEET TO THE POINT OF BEGINNING, THENCE, CONTINUE
SOUTHERLY ALONG THE ARC OF SAID CURVE, WITH A PARTIAL CENTRAL
ANGLE OF 09°19'36", A DISTANCE OF 301.16 FEET TO A POINT ON A LINE LYING
274.67 FEET NORTH OF (WHEN MEASURED AT RIGHT ANGLES TO) AND
PARALLEL WITH THE SOUTH LINE OF SAID GOVERNMENT LOT 7; THENCE,
SOUTH 86°52'35" EAST, ALONG THE SAID PARALLEL LINE A DISTANCE OF 283.51
FEET TO A POINT ON THE EAST LINE OF SAID GOVERNMENT LOT 7; THENCE
NORTH 01°51'50" EAST, ALONG THE EAST LINE OF SAID GOVERNMENT LOT 7, A
DISTANCE OF 292.45 FEET TO A POINT ON A LINE LYING 734.42 FEET SOUTH OF
(WHEN MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE NORTH
LINE OF SAID GOVERNMENT LOT 7, THENCE NORTH 85°12'07" WEST ALONG
SAID PARALLEL LINE, A DISTANCE OF 251.91 FEET TO THE POINT OF
BEGINNING.
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Date Prepa�ed: March 4, 2005
Resolutbn 44, 2005
SECTION 3. The City Co�ncil of the City of Palm Beach Gardens, Florida hereby
approves the following four waivers:
Section 78-344, Construction and Maintenance, to allow for 53, 9.5-foot
wide parking spaces.
2. Section 78-153, Nonresidential Zoning District f2eguiations, to allow for a
41-foot front building setback.
3.
4.
Section 78-153, Nonresidential Zoning District Regulations, to allow for a
building height of 50 feet.
Section 78-153, Nonresidential Zoning District Regulations, to allow for an
eight-foot wide tandscape buffer adjacent to residential.
SECTION 4. Said Planned Unit Development is approved subject to the
following amended conditions, which shall be the responsibility of the applicant, its
successors, or assigns:
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Date Prepa�ed: Ma�ch 4, 2005
ResoluNon 44, 2005
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Date Prepared: March 4, 2005
Resolution 44, 2005
1. All mechanical louvers shall be painted to match the surrounding wall.
(Planning & Zoning�
2, Musicai entertainment, includinq, but not limited to, bands, instruments and
speakers shall be prohibited in all outside areas on site. (Planninq 8�
Zonina. Code Enforcement)
3. Outdoor seatinq for the restaurant shall be prohibited. no food and beveraqe
service shall be permitted in any outside area. and the existinp outdoor
seating and food and bevera4e service operation shall cease immediatelv
upon the adootfon of this Resolution. (Planninq & Zonin4 Code
Enforcement)
4. The aqalicant shall reduce the number of hotel rooms to 77 within nine
months from the effective date of this Resolution. (Planninq & Zonin4)
5. Each hotel suite shall contain no more than one entrance/exit from the
common hotel corridor. (Planninp & Zonina�
6. Within 45 davs from the effective date of this Resolution, the applicant shall
convert the existinq meetinq room area to a multi-aurQOSe saace to be
utilized for hotel guests. This multi-purpose s�ace shall be limited to lobby
space, stora4e, an exercise area, or to address the needs of quests stayin4
at the hotel. No outside meetings, such as banauets or receations, shall be
permitted on site. (Planning & Zoning. Code Enforcement).
7. The parkinQ area below the ancillary buildinq shall be 100% clear of all hotel
and restaurant storaae, includin4 the walled-in area located in the rear of
the underQround oarkinq area, immediately followinq the adoption of this
Resolution. The walled-in storage area shall be converted into two aarking
spaces immediatelv followinq the adoption of this Resolution. lPlanninq &
Zonina. Code Enforcement)
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Date Prepared: March 4, 2005
Resolutlon 44, 2005
8. Within six mo�ths from the effective date of this Resolution, the a�alicant
shall construct two additional vertical feet to its existinq concrete wall
located alona its eastern boundarv line. The existin4 concrete wall
separates the apalicanYs propertv from the Twelve Oaks Condominium
Association. Inc. The a�plicant shall apalv for and obtain all necessary
�ermits. The two-foot addition shall be built and painted to match the
existinq wall.
9. The aaalicant shall use its best efforts to secure all necessarv consent and
permits to construct a fence to secure the approximatelv fifteen feet of
unsecured aropertv alon4 the southeast corner of the applicanYs qroperty to
prevent Qedestrian traffic between its propertv and the Twelve Oaks
Condominium Association. Inc. Said concrete wall or fence shall be built to
the same vertical heiqht of the existinq concrete wall located alonp its
eastern boundary line. Said waH or fence mav include a lockable qate. If
said wall is constructed of concrete, it shall match the existinp concrete wall
and painted to match the existing wall.
10. The aaaticant shall prohibit swimmina past dusk and use its best efforts to
prevent excessive noise between the hours of 9:00 p.m. and 8:00 a.m.
SECTION 5. Said Planned Unit Development shall be constructed in compliance
with the following plans, as amended herein, and on file with the City's Growth
Management Qepartment:
1. Master Site Plan, Landscaping Plan and Elevation Plan, consisting of nine
(9) sheets and prepared by gbs & h Inc., dated December 13, 1988, and as
revised as of February 9, 1989, marked Job No. 88-1002, -afl�-a�as#�ed
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2. Master Site Plan prepared by Cotleur Hearing and gbs&h architects, dated
March 17, 1992, consisting of one (1) sheet.
3. North, West and East Elevations of the Pool Building, updated and prepared
by gbs&h architects, date stamaed April 21, 1992, consisting of one (1)
page.
4. Floor Plan of the Pool Building, updated and prepared by gbs&h architects,
date stamped April 21, 1992, consisting of one (1) sheet.
5. November 13, 1996, Site Plan by Cotleur Hearing, Sheet 1 of 2.
6. November 13, 1996, Landscape Plan by Cotleur Hearing, Sheet 2 of 2.
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Date Prepared: March 4, 2005
Resoludon 44, 2005
7. November 11, 1996, Front Elevation by J.A.O. Architects and Planners,
Sheet A-1.
8. November 8, 1996, Right, Left and Rear Elevations by J.A.O. Architects and
Planners, Sheet A-2.
9. November 11, 1996, Parking Level Plan by J.A.O. Architects and Planners,
Sheet A-3.
10. November 11, 1996, First Floor Plan by J.A.O. Architects and Planners,
Sheet A-4.
11. August 8, 1996, Roof Plan by J.A.O. Architects and Planners, Sheet A-5.
12. August 8, 1996, Roof Plan by J.A.O. Architects and Planners, Sheet A-6.
13. November 11, 1996, Building Sections by J.A.O. Architects and Planners,
Sheet A-7.
14. Updated Lobby Renovation by J.A.O. Architects and Planners. 1 Sheet,
date stamped November 14, 1996.
15. Waterford Hotel Site Plan by Urban Desi4n Studio, dated March 8,
2005. Sheet 1 of 5.
16. Waterford Hotel Landscape Plans bv Urban Desiqn Studio, dated October
15, 2004, Sheets 2 throuqh 5•
SECTION 6. Ail future amendments to the Waterford Hotel PUD shall be
approved by Resolution.
SECTION 7. Said approval shall be consistent with all representations made by
the applicant or applicanYs agents at any workshop or pubiic hearing.
SECTION 8. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: March 4, 2005
Resolutbn 44, 2005
1 PASSED AND ADOPTED this �'s'�' day of i'tn.1. , 2005.
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4 CITY OF PALM B C G E , FLORIDA
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8 i s ph R. Russo, Mayor
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10 ATTEST:
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14 atricia Snider, CMC
15 City Clerk
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18 APPROVED AS TO FORM AND
19 LEGAL SUFFICIENCY
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23 Christine P. Tatum, City Attorney
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27 VOTE: AYE NAY ABSENT
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29 MAYOR RUSSO /
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31 VICE MAYOR JABLIN ./
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33 COUNCILMEMBERLEVY .i
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35 COUNCILMEMBERVALECHE i
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37 COUNCILMEMBERBARNETT /
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November 15, 1996
ORDINANCE 14, 1996
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING THE
COMFORT INN PLANNED UNIT DEVELOPMENT
APPROVED BY ORDINANCE 53, 1988, TO CONSTRUCT A
TWO-STORY 7,507 SQUARE-FOOT ANCILLARY BUILDING;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, previously
approved Ordinance 53, 1988, creating the Comfort Inn Planned Unit Development; and
WHEREAS, the City has received an application to amend the Comfort Inn Planned Unit
Development; and
WHEREAS, the City Council has determined that the amendment is consistent with the
City's Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA.
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby
approves an amendment to the Comfort Inn Planned t7nit Development (PUD), authorizing to
demolish an existing one-story 1,880 square-foot commercial building and the construction of a
two-story 7,507 square-foot ancillary building and other site changes upon the subject property.
SECTION 2. The construction of the two-story building shall be in accordance with plans
on file with the City's Planning and Zoning Department as follows:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
November 13, 1996 Site Plan by Cotleur Hearing. Sheet 1 of 2.
November l3, 1996 Landscape Plan by Cotleur Hearing. Sheet 2 of 2.
November I 1, 1996 Front Elevation by J.A.O. Architects and Planners. Sheet A-1.
November 8, 1996 Right, Left and Rear Elevations by J.A.O. Architects and Planners.
Sheet A-2.
November 11, 1996 Parking Level Pla�� by J.A.O. Architects and Planners. Sheet A-3.
November 11, 1996 First Floor Plan by J.A.O. Architects and Planners. Sheet A-4.
August 8, 1996 Roof Plan by J.A.O. Architects and Planners. Sheet A-5.
August 8, 1996 Roof Plan by J.A.O. Architects and Planners. Sheet A-6.
November 11, 1996 Building Sections by J.A.O. Architects and Planners. Sheet A-7.
Undated Lobby Renovation by J.A.O. Architects and Planners. 1 Sheet.
a
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ORDINANCE 14, 1996
Page 2
11. March 14, 1996 Existing Building Elevations by J.A.O. Architects and Planners.
Sheet A-8.
12. November 14, 1496 Conceptual Paving and Drainage Plan by Michael B. Schorah &
Associates, Inc. 1 Sheet.
SECTION 3. The amendment is approved subject to the following conditions:
1. A Boundary Plat shall be prepazed, approved by City Council, and recorded prior
to the issuance of the first building permit.
2. All mechanical louvers shall be painted to match the surrounding wall.
3. Signage informing motorists of additional handicap parking spaces being located
in the parking garage shall be installed prior to the issuance of the Certificate of
Occupancy.
4. The existing vacant one-story building on the site shall be demolished and removed
within 90 days from approval hereof.
SECTION 4. All Ordinances or pazts of Ordinances in conflict are hereby repealed.
SECTION 5. This Ordinance shall be effective upon passage.
PLACED ON FIRST READING THIS �d DAY OF JULY 1996.
PLACED O EC D ADING THIS�/S�bAY OF NOVEMBER 1996.
PASSED A THIS�/SEDAY OF NOVEMBER 996.
�'
,
Iv�A �EPH R. RUSSO C�9LINCI� BER LIND NROE
�r't� �..a.-.-�f r_ J J����1 �
VICE MAYOR LAUREN FURTADO
C CILMEMBER EI�IC JABL�N
�'l?C1� �`�' r' ,' '
��� COUNCILMEMBER DAVID CLARK
ATTEST: APPROVED AS TO LEGAL FORM
LINDA V. KOSIER, CMC, CITY CLERK AND SUFFICIENCY
BYj //./.j�.°./.�L: �'• >"1G�Ce� ��a��-"—
� . j CI`i'Y ATTORNEY
VOTE: Qy$ NAY ABSENT
MAYOR RUSSO r _ �
VICE MAYOR FURTADO „- _ _
COUNCILWOMAN MONROE `�
COUNCILMAN JABLIN � ! �
COUNCILMAN CLARK � — T
�.
�
ORDINANCE 18, 1992
July 14 1992
" August 6, 1992
• AN ORDINANCE OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, AMENDING ORDINANCE 53,
1988, WHICH CREATED THE GARDENS SUITES HOTEL,
NOW KNOWN AS "COMFORT INN", A PLANNED UNIT
DEVELOPMENT, AND AS SUBSEQUENTLY AMENDED SY
CREATING A SWIMMING POOL BUILDING IN
ACCORDANCE WITH PI,ANS AND SPECIFICATIONS
CONTAINED IiEItEIN; AND, PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE HEREOF.
•
•
BE IT ORDAINED BY THE CITY COUNCIL OF THE CZTY OF PALM BEACH
GARDENS, FLORIDA:
Sectfon 1. Ordinance 53, 1988, which created GARDEN SUITES
HOTEL, now known as "COMFORT INN", a Planned Unit Development and
as subsequently amended is hereby further amended in accordance
with the following plans and specifications:
1.
2.
3.
Master Site Plan prepared by Cotleur Hearing and
gbs&h architects, dated March 17, 1992, consistinq
of one (1) sheet.
North, West and East Elevations of the Pool
Building, undated and prepared by qbs&h
architects, consisting of one {1) page.
Floor Plan of the Pool Building, undated and
prepared by gbs�h architects, consisting of one
(1} sheet.
Section 2. The meeting facility shall be limited to hotel
gnests or in conjunction with hotel activities.
Seation 3. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
8ection 4. This Ordinance shall be effective upon date of
passage.
PLACED ON F ST READING THIS 1bTH DAY OF JULY 1992
LACED ON SEC D READING THIS L'�'n DAY OF (�� 1992.
P SSED AND APP OVEp THIS (0�' DAY OF 1��� 1992.
� � �
'� � t Q, ( Ci/� ' ��`/; , t/� �/i -1 ✓'-�—� -
MAYOR � 1 � �COUN LWOMA
i
i �
. "� i
V�C YOR COUNCIL N
�
ATTEST:
COUNCILMAN
�i�rc�'�• 7/���ul�ti
�IA±dA V. KOSIER, CITY CLERK
VOTE: _ AYE N�Y ABSENT
MAYOR MARTINO ��
VICE MAYOR RUSSO ✓'
COUNCILWOMAN MONROE �
COUNCILMAN KISELEWSKI �
ANi �i �L� `�:D �: 1 n :�QFiC1
AND =l?:<L '•il1FFIGILNCY
•�� ,:� �..;. •.5��""7
I :; _
� �,.
ORDINANCE 53, 1988
• AN ORDINANCE OF THE CITY OF PALM BEACH GAROENS,
FLORIDA, CREATING A PLANNED 11NIT DEVELOPMENT
OM CERTAIN LANDS LOCATED WITHIN THE CITY TO
BE KNOWN AS "6ARDEN$ SUI?E$ HOTEL" WITH USES
THEREOF AS DESIGNATED ON TNE ATTACHED MASTER
SITE PLAN, SAID LANOS BEING DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF; PROVIDING FOR PAYMENT BY THE DEVELOPER
THEREOF TO THE RECREATION BUIIDING AND DEVELOP-
MENT FUND ACCOUNT AND ROAD IMPROVEMENT FUNO OF
THE CITY AND METHOD OF PAYMENT; REQUIRING
THAT THE LANDS DESCRIBED IN EXHIBIT "Au SHAIL
BE DEVE�OPED IN ACCORDANCE WITH THE MASTER SITE
PLAN, IANDSCAPIN� PLAN AND ELEVATION PLAN CON-
SIS7ING OF NINE (9) SHEETS AND PREPARED BY
GBS 6 H INC.� DATED DECEMBER 13, 1988, AND
REYISED ON 2/9/89, MARKED JOB N0. 86-1002,
AND ATTACHED HERETO AS EXHIBIT "B" ; PROVIOIN6
THAT PRIOR TO THE ISSUANCE OF THE FIRST BUILDING
PERMIT THAT DEYELOPER POST EITHER A PERFORMANCE
BONO, LE7TER OF CREDIT OR ESCROW AGREEMENT TO
GUARANTEE ALL ON-SITE ROAD IMPROVEMENTS,
DRAINAGE, AND UtIL1TY IMPROVEMENTS; PROVIOING
FOR A METHOD OF APPROVAL Of SIGNAGE; PROVIDING
FOR UNITY OF TITLE; PROVIDIN6 FOR METHOD OF
AMENDMENT; PROVIDING THAT ANY ORDINANCE IN
CONFLICT BE AND THE SAME IS IiEREBY REPEALED;
AND, FURTHER, PROVIDING FOR AN EFfECTIVE DATE
HEREOF.
• BE IT OROAINEO BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
Section 1. A Planned Unit Development be and the same 1s
hereby created upon the lands known as "GARDENS SUITES HOTEL" located
within the City of Palm Beach Gardens, Florida, and more particularly
described in Exhiblt "A" attached hereto and made a part hereof. the
permitted usage shall be and the same is hereby designated as set
forth in the Master Site Plan attached hereto and marked Exhibit "B".
In the event the sale of alcohollc beverages may arise in
the use of the premises, all requests shall be filed with the City
Clerk with such use to be determined by the City Council by a sub-
sequent Resolution. The lntervention of the Planning and Zoning
Commission shall not be required nor shall the requirement that publi-
cation in a newspaper of general circulatlon be required for such
hearing. A vartance to the dlstance requtrements to the C1ty
• �r
1
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of Palm Beach Gardens Code between premises upon which alcoholic
• beverages are sold is hereby granted.
Section 2. Attached hereto and made a part hereof is a
Master Site Plan, Landscaping Plan and Elevation Plan, consisting of
nine (9) sheets and prepared by gbs & h Inc., dated December 13, 1988,
and as revised as oP February 9, 1989, marked Job No. 88-1002, and
attached hereto as Exhibit "6". "GARDENS SUITES HOTEL" shall be deve-
loped in accordance with said plans, and the conditions contained in
that letter dated November 9, 1988, except for Item 6. is attached as
Exhibit "B-1".
Section 3. The Petitioner shal] pay to the City of Palm
Beach Gardens, Florida, impact fees as hereinafter designated,
together with amounts of monies and time of payments:
(a) The total sum of EIGHT THOUSAND ($8,000.00) '
DOLLARS shali be paid to the Recreation Butlding and
Development Fund account of the City prior to the
issuance of a Building Permit.
(b) The total sum of TWENTY-SEVEN THOUSAND THREE
• HUNDRED (�27,300.00) DOLLARS shall be paid to the Road
Improvement Fund of the City as follows: �
1. Prior to the issuance of a Building Permit
the sum of THIRTEEN THOUSAND SIX HUNDRED FIFTY
(�13,650.00) DOLLARS shall be paid;
2. Prior to the issuance of a Certificate of
Occupancy the sum of THIRTEEN THOUSAND SIX HUNDRED
FIFTY (�13,650.00) DOLLARS shall be paid. �
In the event that the County of Palm Beach shall adopt an
Ordinance providing and requiring collectton by the City of road
impact fees imposed by the County for improvements made in munici-
paltties and the same shall be in effect prior to the issuance of a
Bullding Permit, then the road impact fees imposed above by the
City shall be applied as a credit on account of the County fees except �
�'.Z'
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as the project shatl impact City local streets, such impact to be
• determined 1n accordance with the requirements of the City's Ordinance
pertaining thereto. Debits and credits shall be applied by the City
in the determination of sucf� fees due to the City.
Section 4. No Building Permit shall be issued until the
drainage and paving plans for development of the Ptanned Unit
Development shall be approved by the City Engineer and all other
building requlrements ot the Palm Beach Gardens Code and requirements
of other governmental agencles sha11 be met.
Section 5. The building on the Site Plan designated as a
bank now located on the premises may be continued as a bank Pacility
use until May 1. 1991. Within sixty (60) days upon termination of
sald lease, and/or said lease option, the Petitioner shall close the
existing Southerly ingress on the site and provide landscaping in said
ingress area in accordance wtth the Palm Beach Gardens Code.
Furthe�, upon termination of use as a bank, the drive-in
facility portion of the said structure shall be removed prior to the
following uses oP the structure which sha11 be permitted.
• Professional and business offices as setforthin Chapter
159.088, Paragraphs A(2) and (3) and the use as a bank,
excluding drive-in facitities.
The elevations of the bank building shall be modified in
accordance with the plan and drlve-in facility removed no later than
three (3) years from effective date, ar as setforth above, depending
which event shall first occur.
Section 6. Signage, both temporary and permanent, and any
amendments to the landscaping plan approved hereby, in the event
necessary, shall be reviewed and approved by the City Council
by subsequent Resolution. The intervention or review of the
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Planning and Zoning Commission or the Site Plan Review Committee
shall not be required, nor shall a public hearing or publication
in a newspaper of general circulation be required prior to the
adoption of such Resolution.
Section 7. Petitioner, prior to the issuance of the
first Building Permit, shall deliver to the City a Unity of Title
in requisite form to be approved by the City Attorney to the lands
described in Exhibit "A".
Section 8. All phases of development in the newly
created Planned Unit DevelopmenC shall be completed within three �
(3) years from the effective date hereof, and the owner/developer
may obtain extensions for good cause shown by approval of subsequent
Ordinance.
Section 9. All references to Petitioner and/or Developer,
• together with all requirements provided herein, shall apply to
and be binding upon its successors and assigns. �
Section 10. All Ordinances or parts of Ordinances in
conflict hexewith are hereby repealed.
Section 11. This Ordinaance shall be effective upon date
of passage.
PLACED ON FIRST READING THIS 15TH DAY OF DECE ER, 1988.
PLACED ON SEC -�EADING TH�IS�� �'.i../% DAY OF ,�/ ���;; y,� , 1989. �
PASSED AN �D PTED'1THIS l�r �i' liaz OF ,��!� �c :,�i., r�� � , 1989 . '
� � ` � -'
. � • . `
�. • � - r '�....,- . . , � .
-. �fAYOF� � "� COUNCILWOMAN
VICE-MAYOR
ATTEST:
��,•--:,,, /�li � f• ��-�.
LIDbPJA HINO, CITY CLERK, CMC
•
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•��--.�� .'�� �.
COUNCILMAN
�/r��� ' ,
GOUNCILMA� '
APPRO AS TO FORM AND
LEGAL ICIENCY
< I � ,1 .
� . � _
CITY ATTORNEY �,__
/
•� �
EXHIBI T "A"
ALL THAT PORTION OF GOVERNMENT LOT 7, SECTION 4, TOWNSHIP 42 SOUTH, RANGE 43,
• PAIM BEACH COUNTY, FLORIUA, LYING EAST Of THE EAST RIGHT-OF-WAY LINE OF STATE
ROAD N0. 5(U.S. HI6HWAY N0. 1), AS NOW LAID OUT AND IN USE, LESS THE NORTH
134.42 FEET THEREOF AND ALSO LESS THE SOUTH 274.67 FEET THEREOF AND MORE
PARTICULARLY OESCRIBEO AS FOLLOWS:
COMMENCING AT THE INTERSECTION Of TNE NORTN LINE OF SAID GOYERNMENT LOT 7 AND
THE EASTERLY RIGHT-OF-WAY LINE OF SAID STATE ROAO N0. 5; THENCE, SOUTH
16'S1'25" WEST� ALONG THE SAID RIGHT-OF-WAY L1NE, A DISTANCE OF 612.69 fEET TO
THE BEGINNIN6 Of A Ct1RVE, CONCpVE TO THE EAST, HAVING A RADIUS OF 1850.09 FEET
ANO A PARTIAL CENTRAL ANGLE OF 04'15'09"; THENCE, SOUTHWESTERLY ALONG THE ARC
OF SAID CURVE, A DISTANCE OF 137.31 FEET TO THE POINT Of BEGINNING; THENCE,
CONTINUE SOUTHERIY ALONG THE ARC OF SAID CURVE, WITH A PARTIAL CENTRAL ANGLE OF
09'19'36", A OISTANCE OF 301,16 FEET TO A POINT ON A LINE LYING 274.67 fEET
NORTH OF {WHEN MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE SOUTH LINE OF
SAID GOVERNMENT LOT 7; THENCE, SOUTH 86'S2'35" EAST, ALON6 THE SAID PARALLEL
LINE A DISTANCE OF 283.51 FEET TO A POINT ON THE EAST LINE OF SAIO GOVERNMENT
LOT 7; THEN, NORTH O1'S1'S0" EAST, ALONG THE EAST LINE OF SAID GOVERNMENT LOT
7. A OISTANCE OF 292.45 FEET TO A POINT ON A LINE LYIN6 734.42 FEET SOUTH OF
(WHEN MEASURED AT RIGHT AN6LES TO) AND PARALLEL WITH THE NOR1'N LINE OF SAID
GOVERNMEPlT LOT 7; THENCE, NORTH 85'12'07" WEST ALON6 SAID PARALLEL LINE. A
DISTANCE OF 251.91 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 1.85 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS� RESERVATIONS, AND RI6HTS OF WAY OF RECORD.
THE PROPERTY DESCRIPTION SHOWN HEREON IS AS FURNISHED, AND SAID LANDS HAVE NOT
BEEN ABSTRACTED FOR R[6HTS OF WAY AND/OR EASEMENTS Of RECORO. ANY
REPRODUCTIONS OF THIS SKETCH OF SURVEY ARE NOT VAL1D UNLESS SEALED WITH TNE
EMBOSSEO SEAL OF THE CERTIFYING SURVEYOR,
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Date Prepared: November 28, 2007
RESOLUTION 2, 2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE WATERFORD /
WYNDHAM GARDEN HOTEL PLANNED UNIT DEVELOPMENT
(PUD), LOCATED APPROXIMATELY ONE-TENTH OF A MILE
SOUTH OF PGA BOULEVARD ON THE EAST SIDE OF U.S.
HIGHWAY ONE, AS MORE PARTICULARLY DESCRIBED HEREIN,
TO ALLOW ARCHITECTURAL AND SITE PLAN MODIFICATIONS,
THE CONVERSION OF 13 SUITES TO ROOMS, AND THE
CONVERSION OF A PUBLIC RESTAURANT TO A PRIVATE
RESTAURANT; PROVIDING WAIVERS; PROVIDING CONDITIONS
OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 16, 1988, the City Council adopted Ordinance 53, 1988
approving the development of a four-story Hotel PUD with a total of 90 rooms; and
WHEREAS, on February 21, 1991, the City Council approved Resolution 22,
1991 allowing an additional building sign for the hotel; and
WHEREAS, on August 6, 1992, the City Council adopted Ordinance 18, 1992
allowing the construction of a swimming pool facility; and
WHEREAS, on November 21, 1996, the City Council adopted Ordinance 14,
1996 approving an amendment that permitted the demolition of a bank on the property,
and construction of a 7,507 square-foot two-story ancillary building with an underground
parking garage, meeting space, professional offices, and a continental breakfast service
for hotel guests; and
WHEREAS, on May 5, 2005, the City Council adopted Ordinance 13, 2005,
which amended Ordinance 53, 1988, Ordinance 18, 1992, and Ordinance 14, 1996;
transferred the site plan and related conditions to Resolution 44, 2005; approved, in
part, a public restaurant use and the conversion of certain rooms to 13 suites, which
reduced the number of hotel rooms from 90 to 77; and
WHEREAS, the City has received a request from Cotleur & Hearing, Inc., on
behalf of Pinnacle Hospitality, Inc., to amend the Waterford/Wyndham Garden Hotel
PUD to allow a connecting lobby structure with a new entry between two existing
buildings; the conversion of 13 suites to rooms; the conversion of a public restaurant to
a private restaurant for hotel guests; and minor site plan modifications, including a
second exit for emergency use only at the north end of the site and a new landscaped
courtyard; and
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Date Prepared: November 28, 2007
Resolution 2, 2008
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient, and has recommended approval; and
WHEREAS, the Planning, Zoning, and Appeals Board held a public meeting on
August 28, 2007, and voted 7-0 to recommend approval to the City Council; and
7 WHEREAS, the City Council has considered the evidence and testimony
8 presented by the Applicant and other interested parties and the recommendations of the
9 various City of Palm Beach Gardens review agencies and staff; and
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WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Pafm 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. An amendment to the Waterford Hotel Planned Unit Development
(PUD) is hereby APPROVED on the following described real property to allow a
connecting lobby structure with a new entry between two existing buildings; the
conversion of 13 suites to rooms; the conversion of a public restaurant to a private
restaurant for hotel guests; and minor site plan modifications, including a second exit at
the north end of the site and a new landscaped courtyard:
LEGAL DESCRIPTION:
ALL THAT PORTION OF GOVERNMENT LOT 7, SECTION 4, TOWNSHIP 42 SOUTH,
RANGE 43, PALM BEACH COUNTY, FLORIDA, LYING EAST OF THE EAST RIGHT-
OF-WAY LINE OF STATE ROAD N0. 5(U.S. HIGHWAY N0. 1), AS NOW LAID OUT
AND IN USE, LESS THE NORTH 734.42 FEET THEREOF AND ALSO LESS THE
SOUTH 274.67 FEET THEREOF AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID
GOVERNMENT LOT 7 AND THE EASTERLY RIGHT-OF-WAY LINE OF SAID STATE
ROAD NO. 5(U.S. HIGHWAY NO. 1); THENCE SOUTH 16°51'25" WEST ALONG
SAID RIGHT-OF-WAY, A DISTANCE OF 612.69 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1850.09 FEET AND A
PARTIAL CENTRAL ANGLE OF 04°15'09"; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE, A DISTANCE OF 137.31 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE SOUTHERLY ALONG THE ARC OF SAID CURVE
WITH A PARTIAL CENTRAL ANGLE OF 09°19'36", A DISTANCE OF 301.16 FEET TO
A POINT ON A LINE LYING 274.67 FEET NORTH OF (WHEN MEASURED AT RIGHT
ANGLES TO) AND PARALLEL WITH THE SOUTH LfNE OF SAID GOVERNMENT
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Date Prepared: November 28, 2007
Resolution 2, 2008
LOT 7; THENCE SOUTH 86°52'35" EAST ALONG THE SAID PARALLEL LINE A
DISTANCE OF 283.51 FEET TO A POINT ON THE EAST LINE OF SAID
GOVERNMENT LOT 7; THENCE NORTH 01°51'50" EAST ALONG THE EAST LINE
OF SAID GOVERNMENT LOT 7, A DISTANCE OF 292.45 FEET TO A POINT ON A
LINE LYING 734.42 FEET SOUTH OF (WHEN MEASURED AT RIGHT ANGLES TO)
AND PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT LOT 7; THENCE
NORTH 85°12'07" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 251.91
FEET TO THE POINT OF BEGINNING.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waivers:
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0
Section 78-344, Construction and maintenance, to allow for 53, 9.5-foot-
wide parking spaces.
Section 78-153, Nonresidential zoning district regulations, to allow for a 41-
foot front building setback.
Section 78-153, Nonresidentia/ zoning district regulations, to allow for a
building height of 50 feet.
Section 78-153, Nonresidential zoning district regulations, to allow an eight-
foot waiver (for a seven-foot wide) landscape buffer adjacent to residential.
5. Section 78-362, Size and location of loadinq spaces. to allow a 10.5-foot-
wide bv 32.5-foot-lonq loadina space.
SECTION 4. The following new conditions are hereby included and shall be the
responsibility of the Applicant, its successors, or assigns:
Enqineerinq:
1. Prior to the issuance of the buildina permit for construction of the lobbv
addition, the Applicant shal) copy to the City all permit applications, permits,
certifications, and approvals. (Citv Enqineer)
2. Prior to the issuance of the buildinq qermit for construction of the lobbv
addition, the Applicant shall provide all necessarv construction zone siqnaqe
and fencinq as required bv the City Enqineer. (Citv Enqineer)
K3
Date Prepared: November 28, 2007
Resolution 2, 2008
1 3. Prior to construction plan approval and the issuance of the buildinq permit
2 for the lobbv addition, the Applicant shall qrovide cost estimates in
3 accordance with LDR Sections 78-309 and 78-461 and for on-site proiect
4 improvements, not includinq public infrastructure, or landscapinq and
5 irriqation costs for review and approval bv the Citv. The cost estimates shall
6 be siqned and sealed bv an enqineer and landscape architect reqistered in
7 the State of Florida and shall be posted with the Citv prior to the issuance of
8 the first land alteration permit. (Citv Enqineer)
10 4. Prior to the issuance of the buildinq permit for the lobby addition, the
11 Applicant shall provide a cost estimate for public infrastructure, landscapinq,
12 and irriqation. The cost estimate shall be sianed and sealed bv an enqineer
13 and landscape architect reqistered in the State of Florida. The cost
14 estimate shall be based on 110% of the total combined approved cost
15 estimates and shall be posted with the Citv prior to the issuance af the first
16 buildinq permit. (Citv Enqineer)
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5. The construction, operation, and/or maintenance of anv elements of the
subiect proiect shall not have anv neaative impacts on the existinq drainaqe
of surroundina areas. If at anv time durinq the proiect development it is
determined by the Citv that anv of the surroundinq areas are experiencina
neqative drainaqe impacts caused bv the proiect, it shall be the Applicant's
responsibilitv to cure said impacts in a period of time and a manner
acceptable to the City prior to additional construction activities. (City
En ineer
27 6. Prior to the issuance of the buildinq permit for the lobbv addition, the
28 Applicant shall submit siqned/sealed/dated construction plans
29 (pavinq/qradinq/drainaae and water/sewer) and all pertinent calculations for
30 review and comment. (Citv Engineer)
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7. The Applicant shall com�lv with anv and all Palm Beach Countv Traffic
Division conditions as outlined in the Palm Beach Countv Traffic Division
eauivalencv and concurrencv approval letter dated April 20, 2007. The
build-out date for the Waterford Hotel modifications is December 31. 2008.
�City Enaineer)
8. Prior to construction plan approval and the issuance of the buildinq permit
for the lobbv addition, the Applicant shall schedule a pre-permit meetinq
with Citv staff. (Citv Enqineer)
Date Prepared: November 28, 2007
Resolution 2, 2008
1 9. The Applicant shall notifv the Citv's Public Works Division at least 10
2 workina davs prior to the commencement of anv work/construction activitv
3 within anv public riqht-of-wav within the Citv of Palm Beach Gardens. In the
4 case of a Citv riqht-of-wav, the Applicant has at least five workina davs to
5 obtain a riqht-of-wav permit. Riqht-of-wav permits mav be obtained at the
6 Buildina Division. Failure to comply with this condition could result in a
7 Stop-Work Order of all work/construction activitv within the qublic riqht-of-
8 wav and the subiect development site. (Public Works, Citv Enqineer)
10 Buildinq:
11
12 10. Separate permit and application will be reauired for pavinq, drainape, water
13 and sewer improvements, landscapina, irriqation, site liqhtinq, siqnaqe, fire
14 s�rink{er, and fire alarm. (Buildinq)
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Police CPTED:
11. Prior to the issuance of the Certificate of Occupancv for the lobbv addition,
the Applicant shall demonstrate that liqhtinq locations and buildina
addresses shall not conflict with landscapinq, includina lonq-term canopv
arowth. In addition, landscapinq shall not obstruct the view of windows,
buildinq address numbers, or walkwavs. (Police De�artment)
12. Prior to the issuance of the Certificate of Occupancv for the lobbv addition,
the Applicant shall provide a timer clock or photocell sensor enqaqed
liqhtinq above or near entrvways and adiacent sidewalks. (Police
Department)
13. Prior to the issuance of the buildinq permit for the lobbv addition, the Aqplicant
shall provide a street address svstem depictinq street name and numerical
address for emerqencv response purposes. The address svstem depiction
shall be in 8.5" x 11" map format. (Police Department)
14. Prior to the issuance of the buildinq permit for the lobby addition, the
Applicant shall submit a construction site securitv and manaqement plan for
review and approval bv the Police Department. Non-compliance with the
a�proved securitv and manaqement qlan may result in a Stop-Work Order
for all construction activities. (Police Department)
15. Prior to the issuance of the Certificate of Occupancy for the lobby addition, all
on-site liqhtina shall be installed, includinq the existinq underqround parkinq
c�araqe, and shall include all exterior pedestrian walkwav liqhtinq, which
shall utilize 12-foot pedestrian-scale lipht poles. All on-site liqhtinq shall
consist of inetal halide or equivalent liphtinq approved by the Police
Department. (Police Department)
Date Prepared: November 28, 2007
Resolution 2, 2008
1 16. Prior to the issuance of the Certificate of Occupancv for the lobbv addition,
2 all entrv doors shall be equipped with a metal plate over the threshold of the
3 lockinq mechanism and case hardened deadbolt locks on all exterior doors
4 with minimum 1-inch throw; door hinaes on the interior side of each door
5 and the main entries to the lobby addition buildinq shall be wired for a
6 closed-circuit diqital camera surveillance svstem. (Police Department)
8 17. Prior to the issuance of the Certificate of Occupancv for the lobbv addition,
9 numerical addresses shall be placed at the front and rear of each buildinq.
10 Each numerical address shall be illuminated for niqhttime visibilitv, shall
11 Qrovide bi-directional visibilitv from the roadwav (when applicable), shall
12 consist of 12 inches in heiqht, and shall be a color different than the color of
13 the surFace to which it is attached. The rear doors of a buildinq with multiple
14 tenants shafl have an illuminated 6-inch room number on or alonq side door.
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�Police Department)
18. Prior to the issuance of the Certificate of Occupancv for the lobbv addition,
elevator cab interiors, which are not completelv visible when the door is
o�en, shall have shatter-resistant mirrors placed in a location approved bv
the Police Department. (Police Department)
19. Prior to the issuance of the Certificate of Occupancv for the lobby addition, the
existinq 4-story buildinq on the north end of the site shall have street address
numbers placed on the roof-top parallel to U.S. Hiqhwav One. Such
numbers shall onlv be visible from the air. The numerals shall be white-
blocked letters of weather-resistant material, 4 feet in heiqht, and 18 inches
wide. (Police Department)
29 20. Prior to the issuance of the Certificate of Occupancv for the lobbv addition,
30 interior stairwell doors shall have qlazinq vision panels, 5 inches wide bv 20
31 inches in heiqht. Areas beneath stairways at qround level shall be fullv
32 enclosed. Fullv- enclosed stairwavs with solid walls shall have shatter-
33 resistant mirrors at each level and landinq placed to provide visibilitv around
34 corners. (Police Department)
35
36 Planninq & Zoninq:
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38 21. The Citv shall perform, at the cost of the Applicant, an annual parkinq study to
39 determine actual parkinq demand at the site. The actual demand will be
40 compared to the actual supplv to determine if the provided parkinq supply is
41 adequate to accommodate existinq demand. This calculation will include an
42 approqriate buffer between parkinq supply and demand as recommended bv
43 the Institute of Transportation Enctineers, Urban Land Institute, or other
44 recoqnized published traffic enqineerinq oraanizations or resources. The first
45 annual parking study will be performed when determined necessary bv the
46 Growth Manaqement Administrator. At a minimum, the studv shall be
Date Prepared: November 28, 2007
Resolution 2, 2008
1 performed durinq the peak season and durinq the peak operatinq hours on a
2 non-holidav Thursday, Fridav, and Saturdav, or as determined bv the Growth
3 Manaqement Administrator. Should the parkinq studv demonstrate that the
4 available parkinq is 90% or more occuqied, the Applicant shall limit the
5 meetin� rooms thereafter to hotel quests onlv, with no outside events such as
6 banauets or receptions allowed. (Planninq & Zoninq, Enqineerinq)
8 22. At no time shall staaina of construction vehicles and/or service vehicles
9 occur within a public riqht-of-wav. All vehicular construction activities shall
10 occur on the hotel site. (Plannina & Zonina)
11
12 23. Prior to the issuance of the buildina permit for the lobbv addition, the
13 A�plicant shall demonstrate safe access and seqreqation of the construction
14 areas from the public areas. (Planninq & Zoninq)
15
16 24. Prior to the issuance of the buildinq permit for the lobby addition, the
17 Applicant shall install a 6-foot tall construction fence with a privacv tarp
18 surroundina the construction area of the propertv. (Planninq & Zoninq)
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20 25. Prior to the closing of anv public sidewalk, the Applicant shall coordinate
21 and receive approval from the Growth Manaqement Administrator.
22 (Planninq & Zoninq)
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26. Prior to the issuance of the buildinp permit for the lobbv addition, diqital files
of the approved plat shall be submitted to the Planninq and Zoninq Division,
and approved civil desiqn and architectural drawinqs, includinq floor plans,
shall be submitted prior to the issuance of the Certificate of Occupancy for
the lobbv addition. (GIS Manaaer)
27. Prior to the issuance of the buildinq permit for the lobbv addition, required
diqital files of the approved plat in its entiretv transformed to NAD 83 State
Plan Coordinate Svstem shall be submitted. Prior to the issuance of the first
Certificate of Occupancv, approved civil enaineerinq as-built desiqn and
architectural drawinqs shall be submitted in diqital format. (Planninq &
Zonin
28. No qeneral public restaurant, bar, or lounqe use shall be allowed on the
premises. The restaurant, breakfast bar, and lounae shall be for hotel patrons'
use onlv. No newspaper or other media advertisinq shall be allowed, and no
siqnaqe which advertises a restaurant, bar, or lounqe shall be allowed that is
visible from a public ripht-of-wav. (Planninq & Zoninq, Code Enforcement)
The conditions of Resolution 44, 2005 are amended as follows and shall be the
responsibility of the Applicant, its successors, or assigns:
Date Prepared: November 28, 2007
Resolution 2, 2008
1. All mechanical louvers shall be painted to match the surrounding wall.
(Planning & Zoning) (SATISFIED)
2. Musical entertainment, including, but not limited to, bands, instruments, and
speakers shall be prohibited in all outside areas on site. (Planning &
Zoning, Code Enforcement) (ONGOING)
3. Outdoor seating for the restaurant, lounge, or breakfast bar shall be
prohibited; no food and beverage service shall be permitted in any outside
area; and the existing outdoor seating and food and beverage service
operation shall cease immediately upon the adoption of #-t�s Resolution 44
2005. (Planning & Zoning, Code Enforcement) (ONGOING)
. . . ..
- _ • ..
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�5. The parking area below the ancillary building shall be 100% clear of all hotel
and restaurant storage, including the walled-in area located in the rear of
the underground parking area, immediately following the adoption of t-�+s
Resolution 44, 2005. The walled-in storage area shall be converted into two
parking spaces immediately following the adoption of t�+-s Resolution 44
2005. (Planning & Zoning, Code Enforcement) (SATISFIED)
�6 \A/i4hin civ mnn4hc frnm fho offan�i�io rl�+o r�f 4hic I�oc�l� �4inn g� November 5,
2005, the Applicant shall construct two additional vertical feet to its existing
concrete wall located along its eastern boundary line. The existing concrete
wall separates the Applicant's property from the Twelve Oaks Condominium
Association, Inc. The Applicant shall apply for and obtain all necessary
permits. The two-foot addition shall be built and painted to match the
existing wall. (SATISFIED}
�.7. The Applicant shall use its best efforts to secure all necessary consent and
permits to construct a fence to secure the approximately fifteen feet of
unsecured property along the southeast corner of the Applicant's property to
prevent pedestrian traffic between its property and the Twelve Oaks
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Date Prepared: November 28, 2007
Resolution 2, 2008
Condominium Association, Inc. The concrete wall or fence shall be built to
the same vertical height of the existing concrete wall located along its
eastern boundary line. The wall or fence may include a lockable gate. If the
wall is constructed of concrete, it shall match the existing concrete wall and
painted to match the existing wall. (SATISFIED)
7 �8.The Applicant shall
8 prevent excessive
9 (ONGOING)
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prohibit swimming past dusk and use its best efforts to
noise between the hours of 9:00 p.m. and 8:00 a.m.
SECTION 5. This approval shall be in compliance with the following plans on file
with the City's Growth Management Department:
1. Site Plan dated Auqust 1, 2007, Sheet 1 of 5; Site Details/Amenitv Plan,
Landscape Plan, Landscape Details, dated July 25, 2007, Sheets 2-5; and
Site Plan Area Calculation, 1 sheet, dated Julv 13, 2007, bv Cotleur &
Hearinq. �n��+o� �`i��+��ori�'+��jpr�.�r� .�nri Glo�i��r� Dl.�n
,v-rav rci— ,-c ci,-r � � � � . � crr�cr,-ra--�rc�cr rrTrct,-r
n nf nin /�\ ch �nri r�ror�ororl h�i phc St_ h Inn i-1.�}or! Il h
vSi��isJ��rrm��vrr��$ crrrcrPrci7�°i-.7 . + �°��p�
, , , , . .
2. Architectural Site Plan, 1 St Floor Plan, 2"d Floor Plan, 3�d Floor Plan, 4tn
Floor Pla_n� Floor Plan/Parkinq Garaqe, Buildina Street Elevations, Buildinq
Elevations, Floor Plan/Eqress, Sheets P1 - P9, dated Julv 27, 2007, bv
Ames Desiqn International Architecture of Delrav Beach, Florida. �#�
,
17���Qz^r�nr�cic4inn nf nr�o /'I \ che�.
3. North, West and East Elevations of the Pool Building, updated and prepared
by gbs&h architects, date stamped April 21, 1992, consisting of one (1)
page.
4. Floor Plan of the Pool Building, updated and prepared by gbs&h architects,
date stamped April 21, 1992, consisting of one (1) sheet.
5. Boundarv & Topoqraphv survev by Landmark Surveyinq & Mappinq Inc.,
dated Mav 10, 2007. ^�^�� hor �� � oa� c�+o Dl.�n r,��°"� u��
,T�e�t�������
Choo+ 'I nf '�
6. Photometrics Site Plan, Sheets E0.3 - E0.6 dated July 13, 2007, bv ICE
International Consultinq Enqineers, Inc. , ,
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Date Prepared: November 28, 2007
Resolution 2, 2008
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SECTION 6. This approval shall be consistent with all representations made by
the Applicant or Applicant's agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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PASSED AND ADOPTED this
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLIN
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
day of
Date Prepared: November 28, 2007
Reso{ution 2, 2008
��:
CITY OF PALM BEACH GARDENS, FLORIDA
C'�
,
Joseph R. Russo, Mayor
AYE NAY ABSENT
G:lattorney_share\RESOLUTIONS\Watertord Hotel amendment - reso 2 2008.doc
11
_.�
�
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 13, 2007
Meeting Date: January 3, 2008
Ordinance: Ordinance 1, 2008
Subiect/Agenda Item
Ordinance 1, 2008: ParcelSA (PGA Corporate Park) Community Development District
Consideration for Approval: A request by Peter Pimentel of Special District Services, Inc., on
behalf of Catalfumo Construction (the "Petitioner"), for approval of the establishment of the
Parcel SA Community Development District for the approximately 79 acre Parcel SA Planned
Community District (PCD), located at the northeast corner of PGA Boulevard and Interstate 95.
The request is filed pursuant to Section 190.005(2) of the Uniform Community Development
District Act of 1980.
[ ] Recommendation to APPROVE �
[X] Recommendation
Reviewed by:
City Attorney�
Christine Tatum,
Development Compliance
Bahar Keshavarz, AICP
Growth Mana e
Administrator
Kara Irwin, Al P.
Approved By:
Ronald��l�Fe�
' il �l��
City
DENY
Originating Dept.:
Growth Mana ent:
Project
Manager
Kara L. Irwin
[X] Quasi-Judicial
[ ] Legislative
[ ] Public Hearing
Advertised:
Date: N/A
Paper: PB Post
(X] As required by FL
Statute
Affected parties:
[ ] Notified
[XJ Not Required
FINANCE:
Costs: $ N/A
Total
$ N/A
Current FY
Funding Source:
[ ] Operating
[X] Other N/A
Budget Acct.#:
NA
City Council Action:
[N/A] Approved
[N/A] App. w/ conditions
[N/A] Denied
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[N/A] Continued
to:
Attachments:
• FS 190.005, FS
190.011, & FS
190.012
• Application
• Support
Documentation -
Benefits
• Ordinance 1, 2008
Date Prepared: December 13, 2007
Meeting Date: January 3, 2008
Ordinance 1, 2008
Page 2 of 6
BACKGROUND
Parcel SA PCD was approved on December 1, 2005, pursuant to Resolution 166, 2005 (the
"Development Order"), with waivers and conditions of approval. The Parcel SA PCD was
approved for 240,000 sf of office use, 600,000 sf of light industrial (including 42,000 sf of
ancillary commercial uses) on 17 individual parcels.
THE PARCEL SA COMMUNITY DEVELOPMENT DISTRICT
The Catalfumo Construction Company, as petitioner, sole landowner, and developer proposes to
establish the "Parcel SA Community Development District" (the "District") within the Parcel SA
PCD pursuant to the Uniform Community Development District Act of 1980, Chapter 190,
Florida Statutes (the "Act"). A Community Development District is a local unit of special
purpose government authorized by the Uniform Community Development District Act, Chapter
190, Florida Statutes ("Act") and organized to plan, finance, construct, operate, and maintain
community-wide infrastructure in planned community developments. The overall purpose of a
CDD provides the developer the ability to fund community infrastructure through the purchase
of tax-free bonds, which the debt of said bonds is paid back by the CDD property owners.
The proposed Ordinance to establish the CDD does not affect the PCD approval. For the City
Council's information, the Parcel SA CDD (together with the proposed Parcel SB CDD) would
be the second and third CDDs established in the City of Palm Beach Gardens.
On December 19, 2002, Ordinance 42, 2002 was approved to establish a Community
Development District for the Old Palm Planned Community Development (PCD). In 2006, the
Southampton Planned Unit Development requested the establishment of their own Community
Development District. However, that petition was denied by the City Council due to concerns
that the District would be an additional tax burden upon future residents. Please note that the
Old Palm and the Southampton petitions were for the establishment of a CDD for a residential
development. The subject petition is for the establishment of a CDD in a commercial
development, and the additional tax burden would be borne by commercial property owners. In
the event that the property owner proposed to include residential uses within the development,
the CDD would have to be amended as well.
PURPOSE OF THE CDD
The Applicant has proposed that the CDD will finance the construction or acquisition of the land
acquisition costs, landscaping, earthwork, and surface water management system improvements.
The CDD will operate and maintain the surface water management system. The water
distribution and wastewater collection and transmission facilities will be built according to
Seacoast Utility Authority (SUA) specifications, operated and maintained by SUA, and
conveyed to SUA once complete.
Pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida
Statutes, a CDD is a local unit of special purpose government authorized by the Uniform
Date Prepared: December 13, 2007
Meeting Date: January 3, 2008
Ordinance 1, 2008
Page 3 of 6
Community Development District Act, Chapter 190, Florida Statutes and organized to plan,
finance, construct, operate, and maintain community-wide infrastructure in planned
developments.
The authorizing Ordinance and Florida law strictly limit the powers of the District. It is
important to note the following:
• In addition to the City's zoning authority, Parcel SA PCD property owners would ultimately
be subject to two governing boards (CDD, Property Owner's Association);
• The CDD will not have the power to exercise any zoning or permitting powers;
• The City will not be liable for any bond obligations of the CDD, nor for Sunshine Law
Compliance by its Board of Supervisors;
• No taxpayer residing or owning property outside of the CDD can or will be taxed by the
District; and
• The District will not affect the City's bonding capacity and millage rate.
GOOD FAITH ESTIMATE
The CDD will finance the construction or acquisition of the initial Public Infrastructure
improvements by issuing unrated special assessment bonds, which will be sold to qualified
institutional investors. The bonds will be amortized over no more than 30 years and the principal
and interest payable will be paid by the CDD from the proceeds of non-ad valorem special
assessments levied by the CDD. The non-ad valorem assessments will be collected annually by
the Palm Beach County Tax Collector or the CDD.
The estimated cost of the infrastructure is $14 million. The applicant is proposing to issue
special assessment bonds for a portion of that $14 million of infrastructure costs. The bonds
would be the responsibility of the property owner.
However, in addition to the levy of non-ad valorem assessments for debt service, the CDD may
also impose further non-ad valorem assessments to fund the operations and maintenance of
the CDD, its facilities, and services.
OPERATION OF THE CDD
Pursuant to the Act, the CDD will be governed by a five-member board of supervisors. The
initial members of the Board are elected by the landowners (principally the applicant) for a
period of six years. Therefore, the control of the Board is maintained by the landowners for the
first six years of CDD establishment. After the sixth year, each board position that comes up for
re-election must be filled by an elector in a general election wherein all electors within the CDD
are entitled to vote. A qualified elector could be a property owner within the CDD.
BENEFITS TO THE CITY
The petitioner has provided justification for the CDD, which has been attached for review.
Date Prepared: December 13, 2007
Meeting Date: January 3, 2008
Ordinance ] , 2008
Page 4 of 6
REQUIREMENTS UNDER THE ACT FOR CDD ESTABLISHMENT
Section 190.005, Florida Statutes establishes the following six criteria that the City Council shall
consider in granting or denying a petition to establish a CDD:
1. Whether all statements contained within the petition have been found to be true and
correct.
The petition has been reviewed and found to be true and correct.
2. Whether the establishment of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
The establishment of the district is inconsistent with the Ciry's Comprehensive Plan.
Specifically, the Economic Development Element and Future Land Use Element policies that
established the Bioscience Research Protection Overlay (BRPO), which provides language
that encourages incentivizing research and development users within the overlay area. The
additional taxing district does not encourage the location of Bioscience users, nor does it
provide the incentive of lowering the cost of development for those users. It is staff's
professional opinion that the CDD is not consistent with the policies of the Comprehensive
Plan relative to the BRPO, which encourages the provision of incentives within the BRPO.
3. Whether the area of land within the proposed district is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional interrelated
community.
The applicant is proposing to create a district within the parameters of the Planned
Community District of � Development, which is currently under the ownership of one entiry
and under the control of one Properry Owner's Associution (POA). Any subdivision of the
property would require a Uniry of Control based on requirements within the Ciry's Land
Development Regulations, so the properry has been developed as one functional interrelated
community.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
The proposed district is not the only alternative available for delivering communiry
development services and_facilities to the area.
5. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
Date Prepared: December 13, 2007
Meeting Date: January 3, 2008
Ordinance l, 2008
Page 5 of 6
The proposed district will not be incompatible with the capaciry and uses of the existing local
facilities.
6. Whether the area that will be served by the district is amenable to separate special-district
government.
Currently, the proposed district is under ownership of the one entiry that is proposing the
district.
Disclosure
To ensure that all prospective land owners and/or tenants within the Parcel SA PCD are well advised
of the existence, function and powers of the District, the Petitioner agrees to undertake the following
disclosures which extend beyond the requirements of Sections 190.009 and 190.048, Florida Statutes:
Prior to recording the Notice of Establishment within the public records of Palm Beach County, the
Applicant shall submit the Notice to the City for the review and approval of the Growth Management
Administrator and the City Attocney. The Notice and corresponding documents shall include the
following:
1. The Notice of Establishment shall appear in the title chain for all lots within Parcel SA and will
disclose the establishment and existence of the District;
2. A Notice of Assessments will also be recorded in the public land records against all property
within Parcel SA once the assessments have been set by the Board of Supervisors. The Notice of
Assessment shall disclose the amount of the annual assessments applicable to the lots/units
within Parcel SA, and shall provide the name, address and telephone number of the District
Manager;
3. Each prospective initial retail purchaser/renter/lessee will be provided with a brochure along with
the Parcel SA sales materials disclosing the establishment of the District and the anticipated level
of assessments applicable to properties and units within Parcel SA;
4. Each purchase and sale or lease agreement with initial retail purchasers or lessees will include a
specific disclosure addendum outlining in detail the existence and function of the District and the
estimated assessment amounts applicable to lots/units within Parcel SA;
5. Each deed of conveyance delivered to the initial retail purchaser within Parcel SA will
specifically reference the Notice of Establishment recorded in the Land Records of Palm Beach
County, Florida; and
6. Pursuant to section 190.048, Florida Statues, each purchase and sale agreement with an initial
retail purchaser of property within Parcel SA will include the following conspicuous disclosure
above the space provided for the purchaser's signature in large boldfaced type:
"THE PARCEL SA COMMUNITY DEVELOPMENT DISTRICT MAY
IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND
Date Prepared: December 13, 2007
Meeting Date: January 3, 2008
Ordinance l, 2008
Page 6 of 6
ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND
ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION, AND
MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND
SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE
GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND
ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL
GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES
AND ASSESSMENTS PROVIDED FOR BY LAW."
7. The Declaration of Restrictions for Parcel SA will include a disclosure of the existence and
function of the District, and will require all property owners within Parcel SA to disclose the
existence and function of the District to subsequent purchasers.
ADDITIONAL POWERS
Florida Statutes 190.012 (2) provides for additional powers which the local government may
grant to the District upon approval of its establishment. These powers to establish and maintain
facilities and services for parks facilities, fire prevention and control, school buildings and
related structures, on-site security, mosquito control, and waste collection and disposal.
However, staff does not feel it is appropriate for a special taxing district to exercise several of the
above referenced powers, and therefore has included a condition within the proposed ordinance
barring the District from exercising powers related to parks and facilities, fire prevention and
control, school buildings and related structures, mosquito control, and waste collection and
disposal.
STAFF ANALYSIS
Currently, the City has one established CDD in a residential community, yet denied an additional
application for a CDD in a smaller residential community due to concerns about placing
additional tax burdens on residential communities. While the existing development does not
include residential uses, the property provides for a large portion of the industrial and office uses
that the City has committed to provide incentives for Bioscience users in the Bioscience
Research Protection Overlay (BRPO). The additional taxing district does not encourage the
location of Bioscience users, nor does it provide the incentive of lowering the cost of
development for those users. It is staf�s professional opinion that the CDD is not consistent
with the policies of the Comprehensive Plan relative to the BRPO, which encourages the
provision of incentives within the BRPO.
STAFF RECOMMENDATION
Staff recommends denial of Ordinance 1, 2008.
NOTICE OF PUBLIC HEARING CONCERNING THE ESTABLISHMENT
OF THE PARCEL 5A COMMUNITY DEVELOPMENT DISTRICT IN PALM
BEACH GARDENS, FLORIDA BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS.
Notice is hereby given that on January 17,
City Council of the City of Palm Beach
ordinance entitled:
2008, at 7:00 p.m., or soon thereafter, the
Gardens (the "Counciln), will consider an
ORDINANCE 1, 2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ESTABLISHING THE PARCEL 5A
COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO THE
PROVISIONS OF SECTION 190.005, FLORIDA STATUTES;
DESIGNATING THE POWERS OF THE DISTRICT; AND PROVIDING
AN EFFECTIVE DATE.
at a public hearing to be held at:
City Hall
1050Q North Military Trail
Palm Beach Gardens, Florida 33410
to ir�form the public about the elements of the petition to form a community development
district in Palm Beach Gardens, Florida. The information presented at this hearing will
be used by the Council in granting or denying the petition (as set forth in Section
190.005(2), Florida Statutes ("F.S.")), and also to afford the petitioner, affected units of
local govemment, and the general public a fair and adequate opportunity to appear at
the hearing and present oral and written comments (submitted to the Council at or
before the public hearing) relevant to the creation of the Parcel 5A Community
Development District (the "CDD"). The proposed CDD is located on approximately 87
acres of land located east of Interstate 95, north of PGA Boulevard, and west of
Alternate A1A, as indicated on the map below.
If adopted the ordinance would create a community development district and designate
the land area served. The creation of such a district pursuant to Chapter 190, F.S., is
not a land development authorization or approval. All planning, permitting and other
regulatory requirements pertaining to development within the land area shall be adhered
to pursuant to general or speciat law or applicable local ordinance.
The CDD is designed to serve the needs of its property owners by financing,
constructing, operating, and maintaining a portion of the infrastructure and community
facilities needed by district property owners, inGuding the surface water management
and control system, water distribution system and wastewater collection and
transmission facilities, afFsite roadway improvements, earthwork, land acquisition, and
offsite landscaping. The CDD will make use of non-ad valorem assessments levied on
all property owners in the district.
The specific legal authority for this action is Sections 190.004 and 190.005, F. S.
For further ir�formation, contact Ms. Kara Irwin, Director of Growth Management, 10500
North Military Trail, Palm Beach Gardens, Florida, 33410 at (561) 799-4243. Affected
units of genera-purpose local government and the general public shall be given an
opportunity to appear at the hearing and present oral or written comments on the
petition.
Should any person decide to appeal any decision made by the City Council with respect
to any matter considered at this public hearing, such interested persons wi{{ 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 accommadations in order to
participate in this proceeding are entitled to the provision of certain assistance at no
cost. Please ca{{ the City Clerk's Office at 561-799-4122 no later than 5 days prior to
the hearing if this �ssistance is required. For hearing impaired assistance, please call
the Florida Relay Service Numbers: 800-955�771 (TDD) or 800-955-8770 (VOICE).
This notice is published pursuant to the requirements of Chapter 190.005(1)(d), Florida
Statutes.
By: PGA North Il of Florida, LLC
Patricia Snider, City Clerk, CMC
Publication Dates: Friday, December 21, 2007
Friday, December 28, 2007
Friday, January 4, 2008
Friday, .lanuary 11, 2008
Statutes & Constitution :�ew Statutes :->2007->Ch0190->Section 005 : flsenate.gov
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Select Year: 2007 'i`
The 200� Florida Statutes
Title XIII
PLANNING AND
DEVELOPMENT
190.005 Establishment of district.--
Chapter190
COMMUNITY DEVELOPMENT
DISTRICTS
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(1) The exclusive and uniform methad for the establishment of a community development district
with a sfize of 1,000 acres or more shall be pursuant to a rute, adopted under chapter 120 by the
Florida Land and Water Adjudicatory Corr�mission, granting a petition for the establishment of a
community development district.
(a) A petition for the establishment of a community development district shatl be filed by the
petitioner with the Ftorida Land and Water Adjudicatory Commission. The petition shall contain:
1. A metes and bounds description of the externat boundaries of the district. Any real property
within the external boundaries of the district which is to be excluded from the dist�ict shall be
specifically described, and the last krwwn address of all owners of such real property shall be
listed. The petition shatl atso address the impact of the proposed district on any real property
within the external boundaries of the district which is to be excluded from the district.
2. The written consent to the establishment of the district by all landowners whose real property
is to be included in the district or documentation demonstrating that the petitioner has control by
deed, trust agreement, contract, or option of 100 percent of the reat property to be induded in
the district, and when real property to be inctuded in the district is owned by a governmental
entity and subject to a ground lease as tlescribed in s. 190,003(13), the written consent by such
governmentat entity.
3. A designation of five persons to be the initial members of the board of supervisors, who shall
serve in that office until replaced by elected members as provided in s. 190.006.
4. The proposed name of the district.
5. A map of the proposed district showing current major trunk water mains and sewer interceptors
and outfaUs if in existence.
6. Based upon available data, the proposed timetabte for construction of the district services and
the estimated cost of constructing the proposed services. These estimates shall be submitted in
good faith but shall not be binding and may be subject to change.
7. A designation of the future general distribution, tocation, and extent of public and private uses
of land proposed for the area within the district by the future land use ptan etement of the
effective local government comprehensive plan of which all mandatory elements have been
adopted by the appticable general-purpose local government in compliance with the Local
Government Comprehensive Planni►r►g and Land Devetopment Regulation Act.
8. A statement of estimated regulatory costs in accordance with the requirements of s. 120.541.
(b) Prior to filing the petition, the petitioner shall:
1. Pay a filing fee of $15,000 to the county, if located within an unincorporated area, or to the
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municipality, if located within an incorporated area, and to each municipality the boundaries of
which are contiguous with, or contain all or a portion of the land within, the externat boundaries of
the district.
2. Submit a copy of the petition to the county, if located within an unincorporated area, or to the
municipality, if located within an incorporated area, and to each municipatity the boundaries of
which are contiguous with, or contain all or a portion of, the land within the external boundaries of
the district.
3. If land to be included within a district is located partially within the unincorporated area of one
or more counties and partiatly within a municipality or within two or more municipalities, pay a
515,000 filing fee to each entity. Districts established across county boundaries shall be requi�ed to
maintain records, hold meetings and hearings, and publish notices only in the county whe�e the
majority of the acreage within the district lies.
(c) Such county and each such municipality required by law to receive a petition may conduct a
public hearing to consider the relationship of the petition to the factors specified in paras�raph (e).
The public hearing shall be concluded within 45 days after the date the petition is filed unless an
extension of time is requested by the petitioner and g�anted by the county or munidpality. The
county or municipality holding such public hearing may by resolution express its support of, or
objection to the granting of, the petition by the Florida Land and Water Adjudicatory Commission.
A resotution must base any objection to the granting of the petition upon the factors specified in
paragraph (e). Such county or municipality may present its resolution of support or objection at the
Florida Land and Water Adjudicatory Commission hearing and shalt be afforded an opportunity to
present relevant information in support of its resolution.
(d) A local public hearing on the petition shall be conducted by a hearing officer in conformance
with the applicabte requirements and procedures of the Administrative Procedure Act. The hearing
shall include oral and written comments on the petition pertinent to the factors specified in
paragraph (e). The hearing shall be held at an accessible location in the county in which the
community development district is to be located. The petitioner shalt cause a notice of the hearing
to be published in a newspaper at least once a week for the 4 successive weeks immediately prior
to the hearing. Such notice shall give the time and ptace for the hearing, a description of the area
to be included in the district, which description shatt include a map showing clearly the area to be
covered by the d9strict, and any other relevant information which the estabtishing governing bodies
may require. The advertisement shall not be placed in that portion of the ne�wspaper where legal
notices and ctassified advertisements appear. The advertisement shatl be published in a newspaper
of general paid dreulation in the county and of general interest and readership in the community,
not one of limited subject matter, pursuant to chapter 50. Whenever possible, the advertisement
shall appear in a newspaper that is published at least 5 days a week, unless the onty newspaper in
the community is published fewer than 5 days a week. Atl affected units of general-purpose local
pvernment and the general public shall be given an opportunity to appear at the heari� and
present orat or written commentr on the petition.
(e) The Florida Land and Water Adjudicatory Commission shall consider the entire record of the
local heating, the transcript of the hearing, resolutions adopted by locat general-purpose
governments as provided in paragraph (c), and the following factors and make a determination to
grant or deny a petition for the establishment of a community development district
1. Whether all statements contained within the petition have been found to be true and correct.
2. Whether the establishment of the distritt is inconsistent with arry applicable element or portion
of the state comprehensive plan or of the effective locat government comprehensive ptan.
3. Whether the area of land within the proposed district is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developabte as one functional interrelated
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community.
4. Whether the district is the best alternative available for detivering community development
services and facitities to the area that witt be served by the district.
5. Whether the community development services and facilities of the district wilt be incompatible
with the capacity and uses of existing tocat and regional community development services and
facilities.
6. Whether the area that will be served by the district is amenable to separate special-district
government.
(f} The Florida Land and Water Adjudicatory Commission shall not adopt any rule which woutd
expand, modify, or detete any provision of the uniform community development district charter as
set forCh in ss. 190.006-190.041, except as provided in s. 190,01Z, A rule establishing a community
development district shatl onty contain the following:
1. A metes and bounds description of the external boundaries of the district and any real property
within the external boundaries of the district which is to be excluded.
2. The names of five persons designated to be the initial members of the board of supervisors.
3. The name of the district.
(g) The Florida Land and Water Adjudicatory Commission may adopt rules setting forth its
procedures for considering petitions to establish, expand, modify, or delete uniform community
development districts or portions thereof consistent with the provisions of this section.
(2) The exctusive and uniform method for the establishment of a community development district
of less than 1,000 acres in size shall be pursuant to an ordinance adopted by the county commission
of the county having jurisdiction over the majority of land in the area in which the district is to be
located granting a petition for the establishment of a community development district as foUows:
(a) A petition for the establishment of a community development district shalt be filed by the
petitioner with the county commission. The petition shatl contain the same information as required
in paragraph (1)(a)•
(b) A public hearing on the petition shall be conducted by the county commission in accordance
with the requirements and procedures of paragraph (1)(d).
(c) The county commission shall consider the record of the public hearing and the factors set forth
in paragraph (1)(e) in makirx� its determination to grant or derry a peNtion for the establishment of
a community development district.
(d) The county commission shalt not adopt any ordinance which would expand, modify, or delete
any provision of the uniform community devetopment district charte� as set forth in ss. 190._0_06-
190.041. An o�dinance estabtishing a community development district shall only inctude the
matters provided for in paragraph (1)(f) unless the commission consents to any of the optional
powers under s. 190.0_12(2) at the request of the petitioner.
(e) If alt of the land in the area for the proposed district is within the territoriat jurisdiction of a
municipal corporation, then the petition requesting establishment of a community development
district under this act shatt be filed by the petitioner with that particular municipal corporation. In
such event, the duties of the county, hereinabove described, in action upon the petition shall be
the duties of the municipal corporatian. If any of the tand area of a proposed district is within the
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land area of a municipality, the county commission may not create the district without municipal
approvat. If all of the land in the area for the proposed district, even if less �than 1,000 acres, is
within the territorial jurisdiction of two or more municipalities, the petition shatl be fited with the
Florida Land and Water Adjudicatory Commission and proceed in acco�dance with subsection (1).
(f) Notwithstanding arry other provision of this subsection, within 90 days after a petition for the
establishment of a community development district has been fited pursuant to this swbsection, the
governing body of the county or municipal corporation may transfer the petition to the Florida
Land and Water Adjudicatory Commission, which shalt make the determination to grant or deny the
petition as provided in subsection (1). A county or municipal corporation shalt have no right or
power to grant or deny a petition that has been transferred to the Flo�ida Land and Water
Adjudicatory Commission.
(3) The governing b�dy of any existing speciat district, created to provide one or more of the
public imp�ovements and community facilities authorized by this act, may petition for
reestabtishment of the existing district as a community development district pursuant to this act.
The petition shall contain the information specified in subparagraphs (1)(a)1., 3., 4., 5., 6., and 7.
and shall not requi�e payment of a fee pursuant to paragraph (1)(b). In such case, the new district
so formed shall assum� the existirx3 obligat9ons, indebtedness, and guarantees of indebtedness of
the district so subsumed, and the existing district shatl be terminated.
History.--s. 2, th. 80-407; ss. 4, 5, ch. 84-360; s. 28, ch. 85-55; s. 35, ch. 87-224; s. 34, ch. 46-410;
s. 6, ch. 98-146; s. 35, ch. 99-378; s. 34, ch. 2000-364; s. 2, ch. 2007-160.
�Note.--The word "than" was inserted by the editors.
Disclaimer: The information on this system is unvrrified. The journals or printed bills of the respective chambers should be
consulted for oNiciat purposes. Copyright m 2000-2006 State of Florida.
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The 200� Florida Statutes
Title XIII
_---- -
PLANNING AND
DEVELOPMENT
Chapter190
COMMUNITY DEVELOPMENT
DISTRICTS
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Chapter
190.011 General powers.--The district shall have, and the board may exercise, the following
powers:
(1) To sue and be sued in the name of the district; to adopt and use a seal and authorize the use
of a facsimile thereof; to acquire, by purchase, gift, devise, or otherwise, and to dispose of, real
and personal property, or any estate therein; and to make and execute contractr and other
instruments necessary or convenient to the exercise of its powers.
(2) To apply for coverage of its employees under the state retirement system in the same manner
as if such employees w�ere state employees, subject to necessary action by the district to pay
employer contributions into the state reti��ment fund.
(3} To contract for the services of consultants to perform ptanning, engineering, legat, or other
appropriate services of a p�ofessional nature. Such contracts shall be subject to public bidding or
competitive negotiation requirements as set forth in s. 190.033.
(4) To borrow money and accept gifts; to apply for and use grants or loans of money or other
property from the United StaLes, the state, a unit of local government, or any perso� for any
district purposes and enter into agreements required in connection therewith; and to hold, use,
and dispose of such moneys or property for any district purposes in accordance with the terms of
the gift, grant, loan, or agreem�nt retating thereto.
(5) To adopt rules and orders pursuant to the provisions of chapter 120 prescribing the powers,
duties, and functions of the officers of the district; the conduct of the business of the district; the
maintenance of records; and the form of certificates evidencing tax liens and all other documents
and records of the district. The bo�rd may also adopt adm9nistrative rules with respect to any of
the projects of the district and define the area to be included therein. The board may also adopt
resolutions which may be necessary for the conduct of distrfct business.
(6) To maintain an office at such place or places as it may designate within a county in which the
district is located or within the boundaries of a development of regionat impact or a Florida Quality
Development, or a combination of a devetopment of regionat impact and a Florida Quality
Devetopment, which indudes the district, which office must be reasonably accessible to the
landowners. Meetings pursuant to s. 189,417(3) of a district within the boundaries of a
development of regional impact or Florida Quality Development, or a combination of a
development of regional impact and a Florida Quality Development, may be held at such office.
(7)(a) To hold, controt, and acquire by donation, purchase, or condemnation, or dispose of, any
pubtic easements, dedicatio►n to public use, platted reservations for pubtic purposes, or any
reservations for those purposes authorized by this act and to make use of such easements,
dedications, or reservations for any of the purposes authorized by tfiis act.
(b) When real property in the d9strict is owned by a governmental entity and subject to a ground
lease as described in s. 190.003(13), to collect ground rent from landowners pursuant to a contract
with such governmental entity and to contract with the county tax cotlector for collection of such
ground rent using the procedures authorized in s. 197.3631, other than the procedures contained in
s. 197, 3632._
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(8) To lease as lessor or lessee to or from any person, firm, corporation, association, or body,
public or private, any projects of the type that the district is authorized to undertake and facilities
or property of any nature for the use of the district to carry out arry of the purposes authorized by
this act.
(9) To borrow money and issue bonds, certificates, warrants, notes, or other evidence of
indebtedness as hereinafter provided; to lery such tax and special assessments as may be
authorized; and to charge, collect, and enforce fees and other user charges.
(10) To raise, by user charges or fees authorized by resotution of the board, amounts of money
which are necessary for the conduct of the district activities and services and to �nforce their
receipt and cotlection in the manner prescribed by resolution not inconsistent with law.
(11) To exercise within the district, or beyond the district with prior approval by resolution of the
governing body of the county if the taking will occur in an unincorporated area or with prior
approvat by resolution of the governing body of the municipality if the taking will occur within a
municipality, the right and power of eminent domain, pursuant to the provisions of chapters 73 and
74, over any property within the state, except municipal, county, state, and federal property, for
the uses and purposes of the district relating solely to water, sewer, district roads, and water
management, specifically including, without limitation, the power for the taking of easements for
the drainage of the land of one person over and through the land of another.
(12) To cooperate with, or cont�act with, other governmental agencies as may be necessary,
convenient, incidental, or proper in connection with any of the powers, duties, or purposes
authorized by this act.
(13) To assess and impose upon lands in the district ad valorem taxes as provided by this act.
(14) To determine, order, levy, impose, collect, and enforce special assessments pursuant to this
act and chapter 170. Such special assessments may, in the discretion of the district, be collected
and enforced pursuant to the provisions of ss. 197._3_631, 197.3632, ar�d 197.3635, chapter 170, or
chapter 173. . .
(15) To exercise all of the powers necessary, convenient, incidental, or proper in connection with
any of the powers, duties, or purposes authorized by this act.
(16) To exercise such special powers as may be authorized by this act.
History.--s. 2, ch. 80-407; s. 8, ch. 84-360; s. 46, ch. 89-169; s. 4, ch. 91-308; s. 38, ch. 99-378; s.
1, ch. 2003-39; s. 7, ch. 2007-160.
Disdaimer: The information on this system is unvesified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright m 2000-2006 State of Florida.
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Select Year: 2007 <;;
The 200� Florida Statutes
Title XIII
_ --
PLANNING AND
DEVELOPMENT
Chapter190
COMMUNITY DEVELOPMENT
DISTRICTS
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View Entire
Chapter
190.012 Special powers; public improvements and community facilities.--The district shall
have, and the board may exercise, subject to the regutatory jurisdiction and pe�mitting authority
of all applicable governmental bodies, agencies, and special districts having authority with respect
to any area induded therein, any or all of the following special powers relating to public
improvements and community facitities authorized by this act:
(1) To finance, fund, plan, estabtish, acquire, construct or reconstruct, enlarge or extend, equip,
operate, and maintain systems, facitities, and basic infraztructures for the fottowing:
(a) Water management and control for the lands within the district and to connect some or any of
such facilities with roads and bridges.
(b) Water suppty, sewer, and wastewater management, rectamation, and reuse or any combination
thereof, and to construct and operate connecting intercepting or ouUet sewers and sewer mains
and pipes and water mains, conduits, o� pipelines in, along, and under any street, alley, highway,
or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such
rystem or sewer system.
(c) Bridges or culverts that may be needed across any drain, ditch, canal, ftoodway, holding basin,
excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments,
and to construct any and all of such works and improvements across, through, or over any public
ri�t-of-way, highway, grade, fill, or cut.
(d)1. Distrkt roads equal to or exceeding the appticable specificatior�s of the county in which such
district roads are located; roads and improvements to existing public roads that are owned by or
conveyed to the local general-purpose government, the state, or the Federal Government; street
lightr; atleys; landscaping; hardscaping; and the undergrounding of electrk utility lines. Districts
may request the underground placement of utility lines by the local retail electric utility provider
in accordance with the utility's tarfff on file with the Public Service Commission and may finance
the required contribution.
2. Buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and
retated signage.
(e) Investigation and remediation costs associated with the cleanup of actuat or perceived
environmental contamination within the dist�ict under the supervision or direction of a competent
governmental authority unless the covered costs benefit any person who is a tandowner within the
district and who caused or contributed to the contamination.
(f) Conservation areas, mitigation areas, and wildtife habitat, including the maintenance of any
plant or animal species, and any related interest in real or personal property.
(g) Any other project within or without the boundaries of a district when a tocal government
issued a development order pursuant to s. 380,06 or s. 38_0.061 approving or expressly requiring the
construction or funding of the project by the district, or when the project is the subject of an
agreement between the district and a governmentat entity and is cansistent with the tocal
government comprehensive plan of the local government within which the project is to be located.
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(h) Arry othe� project, facility, or service required by a development approval, intertocal
agreement, aoning condition, or permit issued by a governmental authority with jurisdiction in the
district.
(2) After the local general-purpose government within the jurisdiction of which a power specified
in this subsection u to be exercised consents to the exercise of such power by the district, the
district shall have the power to plan, establish, acquire, construct or reconstruct, enlarge or
extend, equip, operate, and maintain additionat systems and facitities for:
(a) Parks and facilities for indoor and outdoor recreational, cultural, and educational uses.
(b) Fire prevention and control, including fire stations, water mains and plugs, fire trucks, and
other vehicles and equipment.
{c) School buildings and related struttures and site improvements, which may be leased, sold, or
donated to the school district, for use in the educational system when authorized by the district
schoolboard.
(d) Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-
detection systems, and patrol cars, when authorized by proper governmental a�encies; except that
the district may not exercise any police power, but may contract with the appropriate local
general-purpose government agencies for an increased tevel of such services within the district
boundaries.
(e) Control and elimination of mosquit�oes and other arthropods of public health importance.
(f) Waste cotlection and disposal.
(3) To adopt and enforce appropriate rules following the procedures of chapter 120, in connection
with the provision of one or more services through its systems and facitities.
(4)(a) To adopt rutes necessary for the district to enforce certain deed restrictions pertaining to
the use and operation of real property within the district and outside the district if pursuant to an
inte�local ageement under chapter 163. For the purpose of this subsection, "deed rest�ictions are
those covenants, conditions, and restrictions contained in any applicable declaratior� of covenants
and restrktions that govern the use and operation of reat property within the district and, for
which covenants, conditions, and restrictions, there is no homeowners' association or property
owner's association having respective enforcement povrers. The district may adopt by rute all or
certain portions of the deed restrictions that:
1. Relate to limitations or prohibitions that apply only to external structures and are deemed by
the district to be generally beneficial for the districYs landowners and for which enforcement by
the dlstrict is appropriate, as determined by the district's board of supervisors; or
2. Are consistent with the requirements of a development order or regulatory a$ency permit.
(b) The board may vote to adopt such rules only when all of the following conditions exist:
1. The district's geographic area contains no homeowners' associations as defined in s. 720.301(9�;
2. The district was in existence on the effective date of this subsection, or is located within a
development that consists of multiple developments of regional impact and a Florida Quality
Devetopment;
3. For residential districts, the majority of the board has been etected by qualified electors
http://www. fl senate. gov/Statutes/'index. cfm?p=2&App_mode=Di splay_Statute& Sea.rch_... 12/ 17/2007
Statutes & Constitution :View Statutes :->2007->Ch0190->Section O12 : flsenate.gov Page 3 oi-3
pursuant to the provisions of s. 19_0_.006; and
4. The declarant in any applicable declarations of covenants and restrictions has pravided the
board with a written agreement that such rutes may be adopted. A memorandum of the agreement
shalt be recorded in the public records.
(c) Within 60 days after such rules take effect, the district shall record a notice of rule adoption
stating generalty what rules were adopted and where a copy of the nlles may be obtained. Districts
may impose fines for violations of such rules and enforce such rules and fines in circuit court
through injunctive relief.
History.--s. 2, ch. 80-407; s. 51, ch. 83-217; s. 9, ch. 84-360; s. 47, ch. 89-169; s. 8, ch. 93-51; s.
39, ch. 99-378; s. 15, ch. 2000-317; s. 47, ch. 2000-364; s. 33, ch. 2004-345; s. 30, ch. 2004-353; s.
8, ch. 2007-160.
Disdaim�r: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright m 2000-2006 State of Florida.
http://www.fl senate.gov/Statute� ndex. cfm?p=2&App_mode=Di splay_Statute&Search_... 12/17/2007
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PETITION FOR ORDINANCE
FOR
5A Community Development District
May 18, 2007
Prepared by
Special District Services, Inc.
The Oaks Center
2501A Burns Road
Palm Beach Gardens, Florida 33410
Tele: 561-630-4922
Toll Free: 877-737-4922
Fax: 561-630-4923
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IN RE: AN ORDINANCE TO ESTABLISH )
SA COMMUNITY DEVELOPMENT DISTRICT)
PETITION
PGA North II of Florida, LLC ("Petitioner"), collectively known hereafter as the "Landowner",
hereby petition the City of Palm Beach Gardens City Council to establish a Community
Development District ("District") with respect to the land described herein and in support of the
Petition, Petitioner states:
1. The proposed District is located within the incorporated area of the City of Palm
Beach Gardens, Palm Beach County, Florida. Exhibit 1 depicts the general location of the project.
The proposed District covers approximately 86.94 acres of land. The metes and bounds description
of the external boundaries of the District is set forth in Exhibit 2. There is no real property within
the internal boundaries of the proposed District which is to be excluded from the District except the
roads dedicated to Palm Beach Gardens.
2. Attached to this Petition as Exhibits 3 and made a part hereof is the written consent
to the establishment of the District by the owners of 100% of the real property to be included in the
District.
3. The five persons designated to serve as initial members of the Board of Supervisors
of the proposed District are as follows:
1. Daniel S. Catalfumo 725 Harbor Isles Place
2. James E. Jacoby 107 North River Drive East
3. Paul Simonson
4. Jeffery Marshall
5. Jane Ballard
182 Eastwood Lane
616 P Street
8490 Whispering Oaks Way
N. Palm Beach, Fl 33408
Jupiter, Fl 33458
P. Bch. Gardens, Fl 33410
W. Palm Beach, Fl 33401
W. Palm Beach, FI 33411
4. The proposed name of the District to be established is SA Communitv Development
District ("SA CDD"Z
5. There are no existing major trunk water mains, sewer interceptors or outfalls on site.
6. The proposed timetable for the construction of District services and the estimated
cost of constructing the services, based on available data, are shown on Exhibits 4A and 4B. These
are good faith estimates but are not binding on the Petitioner or the District and are subject to
change.
Petition
�r�
:�: �
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7. Petitioners are in the process of developing the properties within the District as
� mixed use developments containing commercial and retail uses. The proposed uses for the land
included within the proposed District are consistent with the Palm Beach Gardens Comprehensive
Development Master Plan and the Palm Beach Gardens Future Land Use Element. The City Master
Plan and Future Land Use Element designate the land contained within the proposed District for
mixed use and industrial. The future general distribution, location and extent of public and private
uses of land proposed for the area within the District are shown on Exhibit 5.
8. Exhibit 6 is a Statement of Estimated Regulatory Costs prepared in accordance with
the requirements of Section 120.541, Florida Statutes.
9. Exhibit 7 is a map indicating the boundaries of the SA Community Development
District.
10. The District is seeking and hereby requests the right to exercise all powers provided
for in Section 190.06 through 190.041, Florida Statutes (except for powers regarding waste disposal
or collection of any waste), Florida Statutes, including the special powers provided by Section
190.012, Florida Statutes.
11. The Petitioner is PGA North II of Florida, LLC, whose address is 4300 Catalfumo
Way, Palm Beach Gardens, F133410.
12. The property within the proposed District is amenable to operating as an independent
. special district for the following reasons:
�
a. Establishment of the District and all land uses and services planned within
the proposed District are not inconsistent with applicable elements or portions of the effective Palm
Beach Gardens Comprehensive Development Master Plan, as amended.
b. The land encompassing the proposed District is of su�cient size and is
sufficiently compact and contiguous.
c. The community development services of the District will be compatible with
the capacity and use of existing local and regional community development services and facilities.
d. The proposed District will be the best alternative available for delivering
community development services to the area to be served because the District provides a
governmental entity for delivering those services and facilities in a manner that does not financially
impact persons residing outside the District and provides a responsible perpetual entity capable of
making reasonable provisions for the operation and maintenance of the District services and
facilities in the future.
Petition
i,�.�7.+'
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WHEREFORE, Aetitianers respectfult}� requests the f�ahn Beach Gardens City Council to:
l. Nold a public l�earing as reqtaired by Section 190.005(2)(b), Fiorida Statutes to
consider the establishment of the SA Community Development District.
2. Adopt an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition
and estabtishing tlie SA Community Development District.
Respectfully submitted this �.�� day of �r , 2007
PGA NOR,T,�i II UF FLSJRIDA, LLC
��Ct of t�ie �eneral Partner
the ole Member
•
•
Pctition
•
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4A
Exhibit 4B
Exhibit 5
Exhibit 6
Exhibit 7
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SA COMMUNITY DEVELOPMENT DISTRICT
EXHIBITS
Location Map
Legal Description
Affidavit of Ownership and Consent-PGA North II of Florida, LLC
Estimated Infrastructure Construction Time Table
Construction Costs Estimates
Public and Private Uses Map
Statement of Estimated Regulatory Costs
Boundary Map of the CDD
���'
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Petition
•
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EXHIBIT 1
LOCATION MAP
SA COMMUNITY DEVELOPMENT DISTRICT
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Petition - Exhibit 1
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EXHIBIT 2
LEGAL DESCRIPTION
SA COMMUNITY DEVELOPMENT DISTRICT
PGA NORTH 11 OF FLORIDA, LLC
Legal Description
All that portion of Section 1, Township 42 South, Range 42 East, and Section 6, Township 42 South,
Range 43 East, Palm Beach County, Florida, lying southerly of Plat No. 4 of the City of Palm Beach
Gardens, as recorded in Plat Book 27, Pages 4 through 6, and also Southerly of the Plat of
Winchester Courts, as recorded in Plat Book 37, Pages 153 through 155, all of the Public Records of
Palm Beach County, Florida; and lying Easterly of the Easterly Right-of-Way line of Interstate
Highway I-95; and lying Northerly of the Northerly limited access Right-of-Way line for said
Interstate Highway I-95 and Northerly of the North Right-of Way line of PGA Boulevard; and lying
Westerly of the Westerly Right-of-Way line of the Florida East Coast Railroad.
Less and excepting therefrom the following parcel as identified as parcel 100, as recorded in Official
Records Book 10839, Page 1477, of the Public Records of Palm Beach County, Florida.
Less and excepting therefrom the parcel of land conveyed to the City of Palm Beach Gardens by the
Right-of-Way Deed recorded in Official Record Book 17322, Page 1841, and Official Records Book
18372, Page 1906, of the Public Records of Palm Beach County, Florida.
• Containing 86.94 acres, more or less.
•
Petition — Exhibi[ 2
•
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CXl-{IIIIT 3
AFFIDAVIT OI' OWNCRSHIP AND C�NSC�'T
TO THE CREATION OF THE
SA
COMMUNITY DEVELOPMCNT DTSTRICT
STAT� OF FLORIDA )
COUNTY OF PALM BEACH )
On this ��� day of � 2007, personally appeared befare me, an office►• duly
authorized to administer oaths d take acknowiedgments, James J. Jacobv, who, after being duly
sworn, deposes and says:
l. Af�ant, James E. Jacob,y, an individual, is Director of the Gene�•al Partner of the Sole
Member of PCA North [I of Florida, LLC. a Florida liinited liabiliry company (the
company).
2. The Company is the o�mer of the follo�ti�ing �rescribed property, co wit:
See Exhibit "A" attached hereto (the "Prape�ty")
3. Af'fiant, James E. Jacoby, hereby represents that he has full authoriry to execute all
documents and instruments on behalf of' tl�e Company including the Petition before the
City of Pahn Beach Gardens City Coimcil, to enact an ordinance to establish the SA
• Community Development District (the "Proposed CDD").
4. The Property represents all ofi the rea) property owned b�! the at'fiant to be included in the
Proposed CDD.
u
5. �lffiant, James E. Jacoby, on behalf on the PGA North II of Florida, LLC as the sole
owner of the Property in the capacih� described above, hereby consents to the
establishiuent of the Proposed CDD.
FURTHER, AFFIANT SAYETH NOT.
�
JACM E�' E/JACO
Subscribed and s�vorn to before me this � day of '�S� � , 2007, by James E.
Jacoby, is the Director of the General Partner of the Sole Membe of PGA Nocth II of Florida,
LLC, a Florida lianited liabiliry company, who personally appeared before me,�d is personally
known or � produced as identification.
Nota�y: � ��
Print Nam . �_ Jo._.._._��--s
Notar�� Public, State of Florida
My Commission Expires:
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Exhibit A
Legal Description
PGA NORTH II OF FLORIDA, LLC
Legal Description
All that portion of Section l, Township 42 South, Range 42 East, and Section 6,
Township 42 South, Range 43 East, Palm Beach County, Florida, lying southerly of Plat
No. 4 of the City of Palm Beach Gardens, as recorded in Plat Book 27, Pages 4 through 6,
and also Southerly of the Plat of Winchester Courts, as recorded in Plat Book 37, Pages
153 through 155, all of the Public Records of Palm Beach County, Florida; and lying
Easterly of the Easterly Right-of-Way line of Interstate Highway I-95; and lying
Northerly of the Northerly limited access Right-of-Way line for said Interstate Highway
I-95 and Northerly of the North Right-of Way line of PGA Boulevard; and lying
Westerly of the Westerly Right-of-Way line of the Florida East Coast Railroad.
Less and excepting therefrom the following parcel as identified as parcel 100, as recorded
in Official Records Book 10839, Page 1477, of the Public Records of Palm Beach
County, Florida.
• Less and excepting therefrom the parcel of land conveyed to the City of Palm Beach
Gardens by the Right-of-Way Deed recorded in Official Record Book 17322, Page 1841,
and Official Records Book 18372, Page 1906, of the Public Records of Palm Beach
Counry, Florida.
•
Peti�lan - [shihit 3D
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EXHIBIT 4A
• ESTIMATED INFRASTRUCTURE CONSTRUCTION TIME TABLE
.
•
5A COMMUNITY DEVELOPMENT DISTRICT
Im rovement Start Date Com letion Date
LAND ACQUISITION N/A N/A
EARTHWORK FEB 2006 JUNE 2012
WASTE WATER SYSTEM MAY 2006 JUNE 2012
WATER SUPPLY SYSTEM JUNE 2006 JUNE 2012
SURFACE WATER MANAGEMENT MAY 2006 AUGUST 2012
ROADS AND PAVING AUGUST 2006 JUNE 2012
OFFSITES JUNE 2007 JUNE 2012
LANDSCAPING NOVEMBER 2006 JUNE 2012
i>e����„� e.n�h�� a�
•
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EXHIBIT 4B
CONSTRUCTION COSTS ESTIMATES
SA COMMUNITY DEVELOPMENT DISTRICT
Cate o Cost Estimate
LAND ACQUISITION $ 10,018,800
EARTHWORK $ 2,000,000
WASTE WATER SYSTEM $ 599,497
WATER SUPPLY SYSTEM $ 343,370
SURFACE WATER MANAGEMENT $ 395,665
OFFSITES $ 300,000*
LANDSCAPING $ 360,475
TOTAL $14,017,807
*Petitioners portion of the construction of the intersection improvements of Kyoto
Avenue and Military Trail.
Petition- Cshibi[ 4B
EXHIBIT 5
• PUBLIC AND PRIVATE USES MAP
SA COMMUNITY DEVELOPMENT DISTRICT
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EXHIBIT 6
SA
COMMUNITY DEVELOPMENT DISTRICT
Statement of Estimated Regulatory Costs
May 18, 2007
Prepared by
Special Distric! Services, Inc.
The Oaks Center
2501A Burn Road
Palm Beach Gardens, Florida 33410
(561) 630-4922-Tele
(877) 737-4922-Toll Free
(561)630-4923-Fax
Petilion-Gxhibit 6
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• STATEMENT OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("SERC") supports the petition to
establish the SA Community Development District ("District"). The District
comprises approximately 86.94 acres of land located in the incorporated area of
the City of Palm Beach Gardens, Palm Beach County, Florida. The limitations on
the scope of this SERC are explicitly set out in Section 190.002(2) (d), F.S.
(governing District establishment) as follows:
"That the process of establishing such a district pursuant to
uniform general law shall be fair and based only on factors
material to Manager and financing the service delivery function of
the district, so that any matter concerning permitting or planning of
the development is not material or relevant (emphasis added)."
1.2 Overview of SA Community Development District
The District is designed to provide district infrastructure, services, and facilities
• along with their operations and maintenance to multiple planned mixed use
developments within the boundaries of the district.
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541(2), F.S. ( I 997), defines the elements a statement of estimated
regulatory costs must contain:
(a) A good faith estimate of the number of individuals and entities likely to be
required to comply with the rule, together with a general description of the types
of individuals likely to be affected by the rule.
(b) A good faith estimate of the cost to the agency, and to any other state and local
government entities, of implementing and enforcing the proposed rule, and any
anticipated effect on state and local revenues.
(c) A good faith estimate of the transactional costs likely to be incurred by
individuals and entities, including local governmental entities, required to comply
with the requirements of the ordinance. As used in this paragraph, "transactional
costs" are direct costs that are readily ascertainable based upon standard business
practices, and include filing fees, the cost of obtaining a license, the cost of
equipment required to be installed or used or procedures required to be employed
in complying with the rule, additional operating costs incurred, and the cost of
• monitoring and reporting.
Petition-Cxhihit 6
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� (d) An analysis of the impact on small businesses as defined by Section 288.703,
F.S., and an analysis of the impact on small counties and small cities as defined
by Section 120.52, F.S. Palm Beach Gardens is not defined as a small City for
purposes of this requirement.
(e) Any additional information that the agency determines may be useful.
(� In the statement or revised statement, whichever applies, a description of any
good faith written proposal submitted under paragraph (1) (a) and either a
statement adopting the alternative or a statement of the reasons for rejecting the
alternative in favor of the proposed ordinance.
"Note: the references to "rule" in the statutory requirements for the Statement of
Estimated Regulatory Costs also apply to an "ordinance" under section
190.005(2) (a), Florida Statutes."
2.0 A good faith estimate of the number of individuals and entities likely to be
required to comply with the ordinance, together with a general description of
the types of individuals likely to be affected by the ordinance.
The SA Community Development District serves land that comprises a 86.94 acre
• commercial and retail development. The owners and tenants that may occupy the
District will be individuals and other retail related businesses.
•
3.0 A good faith estimate of the cost to the agency, and to any other state and
local government entities, of implementing and enforcing the proposed rule,
and any anticipated effect on state or local revenues.
There is no state agency promulgating any rule relating to this project that is
anticipated to effect state or local revenues.
3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance
Because the results of adopting the ordinance is establishment of a local special
purpose government, there will be no enforcing responsibilities of any other
government entity, but there will be various implementing responsibilities which
are identified with their costs herein.
Petiiion-Gxhihi� 6
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�.��'l,�
• State Governmental Entities
There will be only modest costs to various State governmental entities to
implement and enforce the proposed establishment of the District. The District as
established on the proposed land, will encompass under 1,000 acres, therefore,
Palm Beach Gardens is the establishing entity under 190.005(2), F.S. The modest
costs to various State entities to implement and enforce the proposed ordinance
relate strictly to the receipt and processing of various reports that the District is
required to file with the State and its various entities. Appendix A lists the
reporting requirements. The costs to those State agencies that will receive and
process the District's reports are very small, because the District is only one of
many governmental units that are required to submit the various reports.
Therefore, the marginal cost of processing one additional set of reports is
inconsequential. Additionally, pursuant to section 189.412, F.S., the District must
pay an annual fee to the State of Florida Department of Community Affairs which
offsets such costs.
Palm Beach Gardens
There will be only modest costs to the City for a number of reasons. First, review
of the petition to establish the District does not include analysis of the project
itself. Second, the petition itself provides much of the information needed for a
staff review. Third, the City already possesses the staff needed to conduct the
review without the need for new staff. Fourth, there is no capital required to
� review the petition. Finally, the City routinely process similar petitions though
for entirely different subjects, for land uses and zoning changes that are far more
complex than is the petition to establish a community development district.
The annual costs to the City of Palm Beach Gardens because of the establishment
of the District are also very small. The District is an independent unit of local
government. The only annual costs the City faces are the minimal costs of
receiving and reviewing the various reports that the District is required to provide
to the City, or any monitoring expenses the City may incur if it establishes a
monitoring program for this District.
3.2 Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negative impact on state or local
revenues. The District is an independent unit of local government. It is designed
to provide infrastructure facilities and services to serve the development project
and it has its own sources of revenue. No state or local subsidies are required or
expected.
In this regard it is important to note that any debt obligations incurred by the
District to construct its infrastructure, or for any other reason, are not debts of the
State of Florida or any other of local government. In accordance with State law,
• debts of the District are strictly its own responsibility.
Petition-Czhihi� 6
S�,l F�
• 4.0 A good faith estimate of the transactional costs likely to be incurred by
individuals and entities required to comply with the requirements of the
ordinance.
Table 1 provides an outline of the various facilities and services the proposed
District may provide.
Table 1
SA Community Development District
Proposed Facilities and Services
FACILITY FUNDED BY O&M BY OWNERSHIP
BY
LAND AQUISITION CDD N/A CDD
EARTHWORK CDD NA NA
WATER SUPPLY SYSTEM CDD SEACOAST* SEACOAST*
WASTEWATER SYSTEM CDD SEACOAST* SEACOAST*
SURFACE WATER MANAGEMENT CDD CDD CDD
OFFSITES CDD COUNTY** COUNTY**
LANDSCAPING CDD CDD CDD
*5eacoast =Seacoast Utilities
**County= Palm Beach County
The petitioner has estimated the costs for providing the capital facilities outlined
• in Table l. The cost estimates are shown in Table 2 below. Total costs for those
facilities, which may be provided, are estimated to be approximately $14,017,817.
The District may issue special assessment bonds to fund the costs of these
facilities. These bonds would be repaid through non ad valorem special
assessments levied on all properties in the District.
Table 2
5A Community Development District
Cost Estimate for District Facilities
Cate o Cost Estimate
LAND ACQUISITION $10,018,800
EARTHWORK $ 2,000,000
WASTE WATER SYSTEM $ 599,497
WATER SUPPLY SYSTEM $ 343,370
SURFACE WATER MANAGEMENT $ 395,665
OFFSITES $ 300,000*
LANDSCAPING $ 360,475
TOTAL COSTS $14,017,807
• *Petitioners portion of the construction of the intersection improvements of Kyoto
Avenue and Military Trail.
Peti�fomGshibit 6
s`r �
��sps '
�4
• Prospective future landowners in the District may be required to pay non-ad
valorem assessments levied by the District to secure the debt incurred through
bond issuance. In addition to the levy of non ad valorem special assessments by
various names for debt service, the District may also impose a non-ad valorem
assessment to fund the operations and maintenance of the District and its facilities
and services.
Furthermore, locating in the District by new property owners is completely
voluntary. So, ultimately, all owners and users of the affected property choose to
accept the non ad valorem special assessments by various names and user fees as
a tradeoff for the benefits and facilities that the District provides. A Community
Development District ("CDD") provides property owners with the option of
having higher levels of facilities and services financed through self-imposed
revenue. The District is an alternative means to manage necessary development
services with related financing powers. District management is no more
expensive, and often less expensive, than the alternatives of a municipal service
taxing unit (MSTU), a property association, City provision, ar through developer
equity and/or bank loans.
In considering these costs it shall be noted that owners of the lands to be included
within the District will receive three major classes of benefits.
• First, landowners in the District will receive a higher long-term sustained level of
public services and amenities sooner than would otherwise be the case.
� J
Second, a CDD is a mechanism for assuring that the community services and
amenities will be completed concurrently with development of lands within the
District. This satisfies the revised growth management legislation, and it assures
that growth pays for itself without undue burden on other consumers.
Establishment of the District will ensure that these landowners pay for the
provision of facilities, services and improvements to these lands.
Third, a CDD is the sole form of governance which allows District landowners,
through landowner voting, to determine the type, quality and expense of District
services they receive, provided they meet the City's overall requirements.
The cost impact on the ultimate landowners in the District is not the total cost for
the District to provide infrastructure services and facilities. Instead, it is the
incremental costs above what the landowners would have paid to install
infrastructure via an alternative management mechanism. Given the low cost of
capital for a CDD, the cost impact to landowners is negligible. This incremental
cost of the high quality infrastructure provided by the District is likely to be fairly
low.
rruu�,�,-t:.n�nn e
•
,�� �
R�=of
� �
Table 3
SA Community Development District
Estimated Construction Timetable For District Facilities
Im rovement Com letion Date
LAND ACQUISITION n/a
EARTHWORK JutvE 2012
WASTE WATER SYSTEM FEBRUARY 2012
WATER SUPPLY SYSTEM FEBRUARY 2012
SURFACE WATER MANAGEMENT AuGUST 2012
LANDSCAPING DECEMBER 2012
5.0 An analysis of the impact on small businesses as defined by Section 288.703,
F.S., and an analysis of the impact on small counties and small cities as
defined by Section 120.52, F.S.
There will be no impact on small businesses because of the establishment of the
District. Palm Beach Gardens has an estimated population in 2006 that is greater
• than 10,000; therefore the City is not defined as a"small " Ciry according to
Section 120.52, F.S, and there will accordingly be no impact on a small City
because of the formation of the District.
6.0 Any additional useful information.
The analysis provided above is based on a straightforward application of
economic theory, especially as it relates to tracking the incidence of regulatory
costs and benefits. Inputs were received from the Petitioner's Engineer and other
professionals associated with the Petitioner.
************
•
Pe�ition-Clxhibrt 6
•
•
•
REPORT
APPENDIX A
LIST OF REPORTING REQUIREMENTS
FL. STATUTE DUE DATE
CITATION
;�r �
��s
���
Annual Financial Audit 1 1.45 within 45 days of audit completion, but
no later than 12 months after end of
fiscal year
Annual Financial Report 218.32 within 45 days of financial audit
completion, but no later than 12
months after end of fiscal year; if no
audit required, by 4/30
TRIM Compliance Report
Form 1: Statement of Financial
Public Facilities Report
Public Meetings Schedule
Bond Report
Registered Agent
Proposed Budget
Public Depositor Report
2005.068 no later than 30 days following the
adoption of the property tax levy
ordinance/resolution (if levying
property taxes)
112.3145 within 30 days of accepting interest the
appointment, then every year thereafter
by 7/1 (by "local officers" appointed to
special district's board); during the
qualifying period, then every year
thereafter by 7/1 (by "local officers"
elected to special district's board)
189.415 within one year of special district's
creation; then annual notice of any
changes; and updated report every 5
years, 12 months prior to submission
of local government's evaluation and
appraisal report
189.417 quarterly, semiannually, or annually
218.38 when issued
189.416
I 89.418
280.17
within 30 days after first meeting of
governing board
prior to end of current fiscal year
annually by 1 1/30
PeGtion-Gshih{I fi
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EXHIBIT 7
DISTRICT BOUNDARY MAP
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Documentation
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I
Benefits to the City of Pnlrrr Bec�ch Gc�rdens
Benefits io Lc�nd Buyers
Legislative Intent — Chnpter 190, F.S.
Legislative Intent — Chapter 189, F.S.
Minimum Disclosure Re�uirement
Tab VI April 12, 2006 Miami-Dade County Study of Community
Development Districts
.: �: ._,
�� � � �; � ".�
BENEFITS TO THE CITY OF PALM BEACH GARDENS
BY THE FORMATION OF
COMMUNITY DEVELOPMENT DISTRICTS
First, the primary areas that flood during storm events are in developments
where privately owned drainage systems are under the jurisdiction of
property owners associations. Maintenance of the drainage system is often
included in the contract of a management company that has the primary
objective of addressing the aesthetics of the development and has little
knowledge or expertise in storm water management. In many
developments where the drainage systems have been deeded to the
property owners associations, there is no management company and the
responsibility of maintenance of the drainage system is vested in a board of
directors made up of land owners in the development. In this case, it is
highly unlikely that the residents have any knowledge whatsoever of storm
water management. Further, research indicates that property owners
associations are primarily focused on aesthetic issues (i.e. landscape
maintenance, architectural review, violations of property owners
documents, etc.) and the only concern for the drainage system will often
develop only after the damage has been done.
The dedication of storm water management systems to community
development districts is a perfect alternative to this dilemma. First, it is a
governmental entity that has the authority to levy assessments against
those who benefit from the services it provides. This assures access to
maintenance funds. Second, the Florida Statutes (Chapter 190) that allows
for the creation of community development districts mandates the
engagement of a professional district manager who, according the Chapter
190, "shall have charge and supervision of the works of the district and
shall be responsible for preserving and maintaining any improvement or
facility...." of the district. While this does not guarantee that CDD-owned
storm water management systems operate properly, it certainly provides a
strong foundation for proper management.
To further support the creation of community development districts,
Chapter 189.415(2), Florida Statutes that requires all special districts
(including any community development districts within the incorporated
area of the City) to prepare and file a public facilities report with the City. A
public facilities report must provide, among other things, a description of
the public facilities owned or operated by the CDD. This report is to be
updated every five years and annual notices of changes are required. The
five year updates are due within twelve months of the due
Benefits to the City of Palm Beach Gardens
Page 2 of 2
date of the City's evaluation and appraisal report and may be used and
relied upon by the City in the preparation and revisions of the City's
Comprehensive Plan. There is no such requirement for property
owners associations.
Also in support of community development districts is the fact that CDDs
are eligible to participate in the State of Florida Mutual Aid Program.
This program (provided by the State Department of Community Affairs)
provides the opportunity for local governments (including community
development districts) to enter into mutual aid agreements with the State of
Florida for mutual assistance during emergencies. Under this program, a
CDD may request assistance from any participating agency (including the
State of Florida) when a major catastrophic event occurs. Most major
disasters that occur in this area overwhelm the storm water management
systems that are not designed to deal with such events; therefore, these
mutual aid agreements allow state and local governments to respond as a
team to deal with the situation. This program is not available to private
property owners associations.
***************
BENEFITS TO LAND BUYERS
BY THE FORMATION OF A
COMMUNITY DEVELOPMENT DISTRICT
First, most developers begin their due diligence of a project by examining
its financial potential. If a CDD is contemplated, the developer factors the
amount of the CDD financing into the bottom line to establish the project's
profit margin. If the CDD is not created and the financing does not occur,
the developer will need to re-evaluate the financial plan and most likely
adjust the price of the property upward. A CDD offers the developer the
opportunity to be more competitive in the marketplace by providing either a
lower product or a comparably priced product with more amenities than
would be feasible without a CDD.
A second benefit has to do with the land buyer's ability to qualify for a
mortgage. If a CDD is created and the public infrastructure is financed
through CDD tax exempt financing, the land buyer does not have to qualify
for the cost of the CDD-financed public infrastructure. This is because the
CDD-financed amount is not included in the private mortgaged amount;
rather, it is included in the estimated amount of the taxes that the land
buyer will be expected to pay annually.
A third benefit to a land buyer is that most, if not all CDDs structure the
financing so that a land buyer can pay off the CDD debt at any time.
However, it probably is not advantageous for a land buyer do so because
the CDD debt runs with the land, so when a land buyer sells the property,
there is no requirement to pay of the CDD debt. Therefore, the land buyer
only pays for that portion of the public infrastructure while they own the
property. Without a CDD, the total cost of the public infrastructure would
be included in the price of the property.
A fourth benefit to a land buyer is the fact that tax exempt financing costs
are lower than the costs of conventional financing. Even though in today's
market the differential is not as great as it has been, during the life of the
CDD debt, and as interest rates go up, this differential could be substantial.
The CDD's annual debt service payments are fixed at closing and remain
the same throughout the life of the bond issue. Incidentally, CDDs are
the only governmental entities that are required by law to disclose
their special assessments to prospective land buyers in advance, and
Benefits to Land Buyers
Page 2 of 2
CDDs are able to disclose exactly the annual amount of special
assessments that will be levied against a property. This disclosure
provides a prospective land buyer with the opportunity to choose, or not to
choose, to buy into a development that is within a community development
district. The specific quotation from Chapter 190.048 of the Florida
Statutes reads as follows:
"190.048 Sale of real estate within a district; required disclosure to
purchaser.--Subsequent to the estabiishment of a district under this
chapter, each contract for the initial sale of a parcel of real property and
each contract for the initial sale of a residential unit within the district shall
include, immediately prior to the space reserved in the contract for the
signature of the purchaser, the following disclosure statement in boldfaced
and conspicuous type which is larger than the type in the remaining text of
the contract: "THE (Name of District� COMMUNITY DEVELOPMENT
DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR
BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE
TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION,
AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND
SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE
GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND
ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL
GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER
TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."
**���*��****�*
Florida Statutes Chapter 190
190.002 Legislative findings, policies, and intent.--
(1) The Legislature finds that:
(a} There is a need for uniform, focused, and fair procedures in state law to provide a reasonable
alternative for the establishment, power, operation, and duration of independent districts to manage and
finance basic community development services; and that, based upon a proper and fair determination of
applicable facts, an independent district can constitute a timely, efficient, effective, responsive, and
economic way to deliver these basic services, thereby providing a solution to the state's planning,
management, and financing needs for delivery of capital infrastructure in order to service projected
growth without overburdening other governments and their taxpayers.
(b) It is in the public interest that any independent special district created pursuant to state !aw not
outlive its usefulness and that the operation of such a district and the exercise by the district of its powers
be consistent with applicable due process, disciosure, accountability, ethics, and government-in-the-
sunshine requirements which apply both to governmental entities and to their eletted and appointed
officials.
(c) It is in the public interest that long-range planning, management, and financing and long-term
maintenance, upkeep, and operation of basic services for community development districts be under one
coordinated entity.
(2) It is the policy of this state:
(a) That the needless and indiscriminate proliferation, duplication, and fragmentation of locat general-
purpose government services by independent districts is not in the public interest.
(b) That independent districts are a legitimate afternative method available for use by the private and
public sectors, as authorized by state law, to manage and finance basic services for community
developments.
(c) That the exercise by any independent district of its powers as set forth by uniform general law comply
with all applicable governmental laws, rules, regulations, and policies governing planning and permitting
of the development to be serviced by the district, to ensure that neither the establishment nor operation
of such district is a development order under chapter 380 and that the district so established does not
have any zoning or permitting powers governing development.
(d) That the process of establishing such a district pursuant to uniform general law be fair and based only
on factors material to managing and financing the service delivery function of the district, so that any
matter concerning permitting or planning of the development is not material or relevant.
(3) It is the legislative intent and purpose, based upon, and consistent with, its findings of fact and
declarations of policy, to authorize a uniform procedure by general law to establish an independent
special district as an alternative method to manage and finance basic services for community
development. It is further the legislative intent and purpose to provide by general law for the uniform
operation, exercise of power, and procedure for termination of any such independent district. It is further
the purpose and intent of the Legislature that a district created under this chapter not have or exercise
any zoning or development permitting power, that the establishment of the independent community
development district as provided in this act not be a development order within the meaning of chapter
380, and that all applicable planning and permitting laws, rules, reguiations, and policies control the
development of the land to be serviced by the dtistrict. It is further the purpose and intent of the
Legislature that no debt or obligation of a district constitute a burden on any local general-purpose
government without its consent.
Florida Statutes Chapter 189
189.402 Statement of legislative purpose and intent.•-
(1) It is the intent of the Legislature through the adoption of this chapter to provide general provisions for
the definition, creation, and operation of special districts. it is the specific intent of the Legistature that
dependent special districts shall be created at the prerogative of the counties and municipalities and that
independent special districts shall only be created by legislative authorization as provided herein.
(2} It is the intent of the Legislature through the adoption of this chapter to have one centralized location
for all legislation �overning speciai districts and to:
(a) Improve the enforcement of statutes currently in place that help ensure the accountabitity of special
districts to state and locat governments.
(b) Improve communication and coordination between state agencies with respect to required special
district reporting and state monitoring.
{c} {mprove communica[ion and coordination between special districts and other local entities with
respect to ad valorem taxation, non-ad valorem assessment collection, special district elections, and loca!
government cornprehensive planning.
(d) Move toward greater uniformity in special district elections and non-ad valorem assessment coilection
procedures at the tocal tevel without hampering the efficiency and effectiveness of the current
procedures.
(e) Clarify special district definitions and creation methods in order to ensure consistent application of
those definitions and creation methods across all levels of government.
(f) Specify in general law the essential components of any new type of special district.
(g) Specify in general law the essential components of a charter for a new special district.
(h) Encourage the creation of municipal service taxing units and municipal service benefit units for
providing municipal services in unincorporated areas of each county.
(3) 7he Legislature finds that:
(a) There is a need for uniform, focused, and fair procedures in state !aw to provide a reasonable
alternative for the estabtishment, powers, operation, and duration of independent special districts to
manage and finance basic capital infrastructure, facilities, and services; and that, based upon a proper
and fair deterrrzination of applicable facts, an independent special district can constitute a timely,
efficient, effective, responsive, and economic way to deliver these basic services, thereby providing a
means of solving the state's planning, management, and financing needs for delivery of capital
infrastructure, facilities, and services in order to provide for projected growth without overburdening
o[her governments and their taxpayers.
(b) It is in the public interest that any independent special district created pursuant to state law not
outlive its usefulness and that the operation of such a district and the exercise by the district of its powers
be consistent with appticable due process, disclosure, accountability, ethics, and government-in-the-
sunshine requirements which apply both to governmental entities and to their elected and appointed
officials.
(c) It is in the public interest that long-range ptanning, management, and financing and long-term
maintenance, upkeep, and operation of basic services by independent special districts be uniform.
(4} It is the policy of this state:
(a) That independent special districts are a legitimate alternative method available for use by the private
and public sectors, as authorfzed by state law, to manage, own, operace, construct, and finance basic
capital infrastructure, facilities, and services.
(b) That the exercise by any independent special district of its powers, as 5et forth by uniform general
law comply with all applicable governmental comprehensive planning laws, rules, and regulations.
(5) It is the Iegislative intent and purpose, based upon, and consistent with, its findings of fact and
deciarations of policy, to authorize a uniform procedure by general law to create an independent special
district as an alternative method to manage and finance basic capital infrastructure, facilities, and
services. It is further the legislative intent and purpose co provide by general law for the uniform
operation, exercise of power, and procedure for termination of any such independent special district.
(6) The Legislature finds that special districts 5erve a necessary and useful function by providing services
to residencs and property in the state. The Legislature finds further that special districts operate to serve
a public purpose and that this is best secured by certain minimum standards of accountability designed to
inform the public and appropriate general-purpose local governments of the status and activities of special
districts. It is the intent of the Legislature that this public trust be secured by requiring each independent
special district in the state to register and report its financial and other activities. The Legislature further
finds that failure of an independent special district to comp(y with the minimum disclosure requirements
set forth in this chapter may result in action against officers of such district board.
(7) Realizing that special districts are c�eaced to serve special purposes, the Legislature intends th�ough
the adoption of this chapter that special districts cooperate and coordinate their activities with the units
of general•purpose local government in which they are located. The reporting requirements set forth in
this chapter shall be the minimum level of cooperation necessary to provide services to the citizens of this
state in an efficient and equitable fashion.
(8) The Legislature finds and declares that:
(a) Growth and development issues transcend the boundaries and respansibilities of individual units of
government, and often no single unit of government can plan or implement policies to deal with these
issues without affecting other units of government.
(b) 7he provisian of capi[al infrastructure, fatilities, and services fo� the preservation and enhancement
of the quality of life of the people of this state may require the creation of multicounty and
multijurisdictional disiricts.
Minimum Disclosure Requirements
190.048 Sale of real estate within a district; required disclosure to purchaser.--
Subsequent to the estabtishment of a district under this chapter, each cantract for the
initial sale of a parcel of real property and each contract for the initial sale of a residential
unit within the district shall include, immediately prior to the space reserved in the
contract for the signature of the purchaser, the foilowing disclosure statement in
boldfaced and conspicuous type which is larger than the type in the remaining text of the
contract: "THE �Name of District) COMMUNITY DEVELOPMENT DISTRICT
MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND
ASSESSMENTS, ON THIS PItOPERTY. THESE TAXES AND ASSESSMENTS
PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF
CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND
ARE SE1' ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT.
THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND
OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL
OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."
Date:
ro:
From:
MIAME
Memorandum �m
April 12, 2006
Honorabie Chairman Bruno A. Barreiro
and Members, Internal Management and Fiscal
Responsibility
George M. Burg
County Mana
Subject: Cammunity Development Districts {CDD) Report
IMFR
Agenda Item No. 7C
At the February 16, 2006, fnternal Management and Fiscai Responsibility (IMFR) committee meeting,
Commissioner Moss requested a report concerning the impact of Community Development Districts (COD)
on affordabie housing and developable land. Previously, Commissioner Jordan requested that a workshop
be conducted regarding CDD's; however, after speaking to the Cammissioner's Office, it was decided that
a report would be sufficient. Recently, you requested an analysis on how CDD's are processed in Broward
County and how CDD's affect meclian housing costs in Broward County cornpared to Miarni-Dade County.
The Public Works Department (PWD) worked in conjunction with Professor Sukumar Ganapati from Florida
lnternational University (FIU) in developing this report.
The attached report provides information regarding the purpose for the creation of CDD's, growth trends
and the impact of CDD's on hausing, land development, sales, etc. By way of background, the first CDD
created on March 27, 1998, was Beacon Tradeport, a commercial development. The first residential CDD
in the County was Century Parc, a multi-family development located near Flagler Street and NW 87th
Avenue, created on June 5, 2001. Currently, there are 41 CDD's in Miami-Dade County; three (3) are
cornmercial, nine (9) are single-family, 12 are multifamily and 17 are mixed single and multifarnily. The
residential developments comprise approximately 10,257 single-family homes and 20,597
townhouselcondominium units, with an additional 700 rental apa�tment units.
The creation of CDD's in the County continues to grow. Between 2003 and 2005, thirty (30) residential and
two (2) commercial CDD's have been created. Thus far in 2006, one (1) CDD has been created. Currently,
PWD has seven (7) new CDD applications and one (1) request to amend an existing COd waiting to be
p�ocessed. As a result of the Board's action on February 21, 2006, all applications are cu�rently on hold.
At the February 21, 2006, Board of County Commissioners {Board) meeting, the Board requested specific
information concerning the administrative and maintenance assessments that can be imposed by a CDD
Board of Directors. The current average annual assessments, including debt service, for residentiaf
properties in the County range from $981 to $1,437 for townhouse/condominium units and $1,165 to
$1,322, for a single family home. These assessments are, in most cases, collected through the combined
tax bill through an interlocal agreement with the tax collector and the CDD Board and as such, are subject
to lien and tax collection methods in the same manner as ad vaforem taxes.
f
�
Honorable Chairman Bruno A. Barrerio
and Members, Internal Management and Fiscal Responsibility
Page 2
As it pertains to the specific impacts of CDD's on affordable housing, developable land and the creation
process in, and impact of, CDD's on Broward County's median housing prices compared to Miami-Dade,
please be advised as follows:
PWD analyzed the 2005 median purchase price of 10 CDD's and the results are as follows: in
three (3) of the CDD's, the price is g�eater by an average of $21,498 and in five (5) other CDD's,
it is lower by an average of $33,124, when compared to non-CDD deveiopments. Two (2) other
CDD's analyzed, Century Parc at $4,000 lower, and Pentathlon, at $134,460 higher, were
excluded from the average as they would skew the averages. Only Century Parc and South
Dade Venture are Iower than the $225,OOQ workforce housing figure provided by the Dade
County's Housing Agency. New housing prices in Miami-Dade County, COD or non-CDD, do
not fali within the definition of affordable housing as defined by the Department of Planning and
Zoning at 21/2 times the median income for a family of four (4}, or $115,875. Please note that
this research is unrefined, since factors such as upgrades and additional amenities (i.e.
swimming pools) could increase the sale price of similar housing units as much as $30,000 to
$50, 000.
The impact of further CDD cteation on the remaining developable land in the County will be
substantial if current trends continue. Approximately 47% of vacant land developed from 1998
through 2005 has been through the creation of CDD's. Publicly held developable vacant land
has increased from 7.1 %(2,717 acres) in 1998, to 12.5% (3,205 acres) in 2005, a 5.4%
increase in public consumption of available vacant land. {f these trends continue, CDD
developments wi{I constitute a greater share of the developed land in the future.
Miami-Dade County governance structure is unique due to our Home Rule Charter; as such,
only the Miami-Dade County Board of County Commission (BCC) may create a CDD. In
Broward County, CDD's are created by the various municipalities. ln both Counties, CDD
petitions are submitted pursuant to F.S. Chapter 190 and must contain information required by
this statute. Restrictions may be imposed prior to CDD creation by the enabling body. !n
Miami-Dade, we have stringent public noticing and assessment disclosure requirements,
Broward does not. In all cases, once a CDD is created, it is legally an independent special
district in which the creating body has limited controi, except for those regarding permitting and
zoning regulations, among others.
Public Works and Property Appraiser staff contacted Broward County officials and requested information
concerning the median-price of CDD housing compared to non-CDD housing. They have not yet obtained
this information; therefore, it will be provided at a later date, if available, once it is received.
Finally, I wish to state that CDD's achieve the goals and intent of F.S. Chapter 190. That intent is clearly
defined in 190.002(a), which stipulates that there is a need for "the establishment, power, operation, and
duration of independent clistricts to manage and finance basic community development services" and that
CDD's can thereby provide "a solution to the state's planning, management, and financing needs for
delivery of capital infrastructure in order to service projected growth without overburdening other
govemm nd their taxpayers."
3�/�
Ass' nt unty Manager ate
�
1MPACT OF COMMUNITYDEVELOPMEAIT DISTRICTS
!N M/AMI-DADE COUNTY, FLORlDA
Submitted By The
Public Works Department
March 2006
The information contained in this report has been developed and compiled by the
Miami-Dade County Public Works Department in conjunction with faculty of
Florida International University, Broward County Government Officials and the
following Miami-Dade County Departments:
• Property Appraisal
• Planning and Zoning
• Miami-Dade Housing Agency
In addition, the follawing consulting firms contributed to the report:
• Wrathell, Hart, Hunt and Associates, LLC
• Hopping Green Sams 8� Smith, P.A.
. District Services, Inc.
• Billing, Cochran, Heath, Lyles, Mauro, and Anderson, P.A.
,.7
�
INTRODUCTION TO COMMUN/TYDEVELOPMENT D/S7R/CTS (CDD)
Cammunity Development Districts (COD) in Miami-Dade County (County) are forms of
local government created by the Miami-Dade County Board of County Commissioners
(BCC} pursuant to Articie VIII, Section 6 of the amendment to Flo�ida's Constitution, and
pursuant to the County's Home Rule Charter, to provide a specific service or services to
a defined area. The size of the CDD must be less than 1,OQ0 acres.
CDD's are special-purpose governments, given that the law authorizes a District to
provide only those services that are specifically defined in their enabling legislation. The
required content of CDD petitions are specified by F.S. 190.005 and include good faith
construction and financing cost estimates, real property legal description of boundary,
maps a�d locations of existing infrastructure and the names of the appointed five-
member CDD 8oard, among other requirements. The exclusive charter for a CDD shall
be the uniform CDD dist�ict charter set forth in F.S. 190.06-190.041, including the
special powers provided by 190.012.
The initiaf purpose for the creation of CDD's was to provide the private and public
sectors an alternative methodology to manage and finance basic community services as
Florida's population expanded through the early 1970's. The State addressed growth
issues in 1975 wiih the New Commurtities Act, codified as Chapter 163, Part IV, Florida
Statutes. 7his act created the first independent speciaf districts for community
developments until it was replaced by the Uniform Community Development Act of 1980,
codified as Chapter 190, Florida Statutes, which now govern CDD's throughout the State
of Florida. The act defined the need for uniform, focused and fair procedures in state
law for a reasonable altemative to iocal general-purpose government for the
establishment, power, operation and duration of independent districts to manage and
finance basic community development services.
The intent of the legislation was to establish a growth management tool, which ensured
that growth "paid" for growth and provided an incentive for planned community
developments. F.S. Chapter 190 dictates the general and special powers availab(e to
CDD's and the establishing entity can reserve the right to grant or restrict any af the
speciai powers. Furthermore, CDD's provide a solution to the State's planning,
management and financing needs for delivery of capital infrastructure in order to service
projected growth, without overburdening other governments and their taxpayers.
Currently, there are more than 380 CDD's located throughout the State of Fforida,
including 41 in Miami-Dade County.
CDD's frequently complement and/or substitute the service delivery capabilities of
general-purpose governments in new developments. CDD's may finance, fund, plan,
establish, acquire, construct or reconstruct, enfarge or extend, equip, operate and
maintain the following basic infrastructure;
• Water Management & Conirol
• Water Supply
• Sewer � Wastewater Management (reclamation and reuse)
• Bridges & Culverts
• Roads & Street Lights
� C��
/
i Public Transportation Facilities 8 Equipment
♦ Parking lmprovements & Related Signage
• Conseroation 8� Mitigation Areas
� Wildlife Habitats
� Other Improvements as Permitted by the Creating Body
After obtaining approval from a general-purpose local government with jurisdiction over
the area, the District may provide the following additional functions:
• Parks and Recreational Facilities
• Cultura! Facilities
• Educational Facilities
• �ire Prevention 8� Control
• School Buiidings & Related Structures
� Security
• Mosquito Control
� Waste Coilection & Disposal.
INTENDED BENEFITS OF CDD'S
CDD's and general-purpose local governments, such as Counties and Cities have
compatible interests. CDD's are intended to supplement Counties and Cities in areas
where the primary govemments cannot, or will not, provide infrastructure and services to
a particular area. A CDD's authority may be restricted by ihe creating entity prior #o
creation. Once created, however, general-purpose local government may not impose
restrictions. The County Commission currently restricts water-use and sewage rights,
along with noticing requirements at point of sale, and dictates the creation of a dormant
multipurpase maintenance special taxing district, available to perform maintenance
services in the event of a CDD's failure. The City of Doral and the City of Miami
Gardens both further restrict CDD's by reserving ihe right to seat two (2) of the initial
five-member CDD 8oard for those Districts requiring their approval.
l.ocal government CDD benefits include:
• Districts allow local governments to concentrate on providing infrastructure and
services to their existing residents, thereby preventing the dilution of scarce
resources. Districts release genera!-purpose local government cash flow for
other purposes. No additional capital or maintenance costs are bome by existing
citizens according to the "growth pays for growth" policy of the State by using
CDD's.
• Increased taxable values due to the development and improvement of CDD
lands benefit all constituents of general-purp�se local government. New
landowners/residents pay taxes, fees, charges, etc., which affset the financial
burden on existing residents of local government.
• Districts frequently assume responsibility for protecting conservation areas;
provide onsite recreation and maintenance levels matched to property owner
standards artd willingness to pay.
� Provide the County with a single, public entity responsible in perpetuity for the
capital, operations and maintenance within #he area of a District. A CDD
,/`' r�
)
consolidates the delivery of community infrastructure and services under a singie
entity and simplifies interaction between local g�vernment and the District.
• District borrowing and debt levels do not count against iocal govemment's
millage caps, nor can the debt or obfigation of a CDD constitute a burden on the
County/City. Hawever, in terms of the overafl creditworthiness of the County,
CDD debt service wilf likely have a negative impact long-term as it absorbs
available bond credit.
• All CDD busi�ess is conducted "in the sunshine" and a statutory formula moves
CDD governance from landowner to resident control.
. Local govemment's costs pertaining ta the District establishment are offset by a
$15,Q00 filing fee for each petition. There is a minimal annual cost related to the
receipt of documents that CDD's are required ta submit to the proper jurisdiction.
The Public Works Departments' 5pecial Taxing District Division maintains these
records.
. The County Tax Collector, through an Interlocal Agreement, may collect District
assessments far the CDO with the costs of co!lectian defrayed through fees
charged to the Districts.
• CDD's are not exempt from zoning, land use, planning and permitting rules and
poiicies and County provisivn of police and fire emergency services.
landowner and resident CDD benefits include:
• Created as governmental agencies — Districts are govemmental agencies with al!
benefits of a pubiic entity.
• Operate not-for-profit -- Districts provide services to landowners/residents at their
own cost.
• Accountable to residents -- Districts are accountable to landowners/residents as
their boards are initially elected by the landowners and evEntually elected by the
qualified electors of the District. They operate in the open according to the
Sunshine and Public Records Law.
• Protect residents from faiture by the developer -- Districts provide infrastructure
and community services even if the devefoper fails.
• Protect residents who pay from those that do not -- with foreclosure powers for
nonpayment of assessments, residents/fandowners wha do not pay do not
negatively impact thase who do.
• Ensure that residents only pay for the amount of benefit they receive for as lang
as they receive it -- residents/landowners pay only for the infrastructure and
services that they receive within the District during the time they own a property
within the CDD.
• Provide for operation and maintenance functions on an indefinite basis -- the
District operates as long as there is a need for its services and
residents/landowners are wiHing to fund it.
. Provide for an orderly transition after the developer vacates -- as the District
constructs, operates and maintains community infrast�ucture, there are no
problems with a transition after the developer leaves.
• Offer amenities and benefits not usually found in typical developments -- Districts
can afford to provide amer�ities and services that would be prohibitive for a
developer of a conventional community, such as a golf course built and operated
by the CDD.
�/_
. l�
• Provide a cost-effective mechanism to provide cornmunity and subdivision-level
infrastructure -- low-cost financing and the ability to finance over the long-term
provide for affordable and high-quality improvements on a Districtwide basis, as
well as a# the subdivision level.
• Long-term District financing matches the useful life of infrastructure assets -- by
utilizing 20 and 30-year financing, the District can spread the cost of
improvements over a longer period than that provided with conventional
financing, minimizing annuaf landowner/resident payments.
• Provide permanent organizational and financing stnaeture for continual operation
and maintenance of District facilities and improvements as well as the eventuaf
replacement/renewal of infrastructure as needed.
• CDD's operating as govemmental entities can provide a higher and more
consistent level of service than homeowners' associations.
• Districts employ professional managers and engineers who are in charge of
infrastructure provision, operation, upkeep and eventual replacement.
• As governmental entities, CDD's are eligibfe to participate in the State of Florida
Mutual Aid Program and upon the execution of a proper lnterlocal Agreement,
may request emergency aid from other governments.
• Public infrastructure costs of Districts a�e purportedly not included in the initial
purchase prfce, but rather spread over the Ufe of the bonds, thereby lowering the
amount of the mortgage a prospective resident may need to qualify fo�.
. Creation of a CDD does not preclude the formation of a Homeowners
Association (HOA). An HOA is compatible with a CDD because it cannot issue
bonds for major improvernents, but can often provide maintenance af c�mmon
areas better than the CDD, as well as enforce uniform property maintenance and
appea�ances.
Developer CDD benefits include:
• Funding community improvements -- a developer does not have to use its own or
borrowed funds to build infrastructure. Financial resources can then be
dedicated to actuaf unit construction and safes efforts.
� The flexibility of using iong-term and/or short term financing -- the developer can
use any combination of long and short-term indebtedness to structure
assessments according to specific market conditions. AUow for flexibility in
project staging -- financing can be issued in muftiple series to coincide with
stages of construction.
• Provide tax-exempt, low cost financing -- as a government entity, the District can
issue tax-exempt bonds which result in lower iinancing costs than conventional
financing mechanisms.
• Are easily marketable to the investor community -- investors regard district bonds
as attractive alternatives in the govemment indebtedness market, resulting in
reasonably high demand for and low interest rates on the district bonds.
• Infrastructure costs are passed on to the landowner as assessments -- the
developer does not have to include its significant infrastructure costs in the price
of improved fots resulting in significant marketing advantages.
• Constitufe contingent liability fo� the developer -- special assessments are
reported on the Developer balance sheet as contingent liability.
•"Growth pays for growth" -- additional infrastructure required by new growth is
paid for entirely by the new growth and nat existing residents and/or landowners.
�,
• Relieves the developer from most aspects of landowner relations -- the District
constructs and operates infrastructure and provides customer service functions.
• Provides for the operation and maintenance functions on an indefinite basis -- the
develeper does not have to be concemed with the operation and maintenance of
infrastructure after it has been turned over to the District. Residenls can be
assured of sufficient services after the developer vacates as the Distnct will
remain.
• Districts can acquire infrastructure from the Developer -- infrastructure can be
constructed by the developer and subsequently acquired by the District even if it
was constructed prior to the creation of the District.
. Developer maintains control through the Board of Supervisors -- the
developer/initial landowner can control actions of the District by having its
representatives appointed to the Board of Directors for a six-year terrn or until
250 electors live there.
PERCEIVED NEGATIVE CHARACTEREST/CS OF CDD'S
• General-purpose local government is ceding certain authority to CDD's.
• CDD bond issues may i�rtpact perceptions of bond raters in terms of overall debt.
s Burdening of CDD homeowners with long-term infrastructure debt.
• Initial control of CDD Board by developers' appointees may lead to financia!
abuse. Future residents must live with financial decisions made by developers'
Boarcl.
• The housing purchase price does not reflect develaper savings for cost of
infrastructure.
• Residents feel misinformed as to the nature and authority of CDD communities.
IMPACT OF COD'S ON COUNTY RESIDENTlAL LAND DEVFLOPMENT
There are currently 38 residential and three (3) commercial CDD's in the County
(Exhibits A and A1). Thirty-seven residential CDD's, less one c�eated in 2006, cover
approximately 4,427 acres, or 47% of the 9,473 former}y vacant residential acres
developed since 1998. It is interesting to note that the amount of publicly held
developable vacant land has increased from 7.1% (2,797 acres) in 1998, to 12,5°10
(3,205 acres) in 2005 (Exhibits B and 81). If these development trends continue, CDD's
will constitute a larger share of the remaining available land in the future. CDD's per
Commission Districts are shown an Exhibit C.
The number of housing units provided, or proposed, by CDD's in tha County are 10,257
single-family homes, 20,597 Townhomes and 700 rental apartments (Exhibit D). The
number �f housing units provided by non-CDD developments in the County since 1998
is approximately 68,682 units. CDD's represent approximately 45% of the total non-
rental housing provided or proposed since 1998. Information on the total number of
rental uni#s is unavailabfe at this time.
We have taken a sampling of 10 CDD's that are at, ar near build-out, and compared
them to similar non-CDD developments in the same geographical area of the County.
Developments were segregated and compared by the year they were sold given that
.
I
prices in a subdivision typically increase as the development nears build-out. It must be
noted that a comparison performed on lot and house size, proximity and sales year, will
not account for the amenities and upgrades that can represent a substantial price
increase for the same model from the same developer. These additional costs can be
as much as $30,000 to $50,000. The price comparisons below are necessarily based on
an unrefined research modei but will provide a general overview.
How do CDD horne purchase prices compare to the "regular' housing market?
PWD analyzed the 2005 median purchase price of 10 CDD's and the results are as
follows -- in three (3) of the CDD's, the price is greater by an average of $21,496 and in
five (5) other CDD's, it is lower by an average of $33,124, when compared to non-CDD
developments. Two (2) other CDD's analyzed, Century Parc at $4,000 lower, and
Pentathlon, at $134,460 higher, were excluded from the average as they would skew the
averages {See Exhibits E and E4).
Have the creation of CDD's kept the prices of housing down?
Yes. Compared to the purchase price of a non-CDD home, the median purchase price
in 2005 of a home in a CDD was lower in seven (7) of the 10 developments analyzed by
an average savings of $43,440 over a non-CDD home. A better gauge however, is the
$33,124 savings when the two (2) ext�eme cases are excluded from the average.
Have CDD developments made home-buying more affordable?
Generally no. Of the CDD's cansidered, only Century Parc at $171,000, and South
Dade Venture at $187,058, were below the $225,000 workforce housing price quoted by
Dade's Housing Agency. New housing prices in Miami-Dade County, CDD or non-CDD,
do not fall within the definition of affordable housing as defined by the Department of
Planning and Zoning af 21/2 times the median income for a family of four (4), or
$115,875 (See Exhibit E).
A necessary factor when determining affordability is the CDD assessments that
residents are required to pay. CDD developers in the County are required to provide
and record a Declaration of Restrictive Covenant in the Public Record in which they
itemize and guarantee (within 5% and under threat of penalty) the first three (3) years of
CDD assessments (Exhibit F). Additionalfy, assessments for any homeowners
association (HOA), will be added to that frgure. Developments with an HOA in addition
to a CDD can be desirable. HOA's can enforce covenants and provide better routine
maintenance of common areas, oftentimes at a bet#er p�ice than a CDD, because the
administration of an HOA is usually voluntary, as opposed to the administrative fees paid
to a professional manager to run the CDD.
7he current average annual assessmerrts, including debt service, for residential
prope�ties in the County range from $981 to $1,437 for townhouse/condorrtinium units
and $1,165 to $1,322, for a single family home. These assessments are, in most cases,
coltected through the combined tax bitl through an interlocal agreement with the tax
collector and the CDD Board and as such, are subject to lien and tax collection methods
in the same manner as ad valorem taxes.
� �
CONCLUSION
Community Development Districts achieve the goals and intent of F.S. Chapter 190.
That intent is cleariy defined In 190.002(a), which stipulates that there is a need for `the
establishment, power, operation, and duration of independent districts to manage and
finance basic community development services" and that CDD's can thereby provide "a
solution to the state's planning, management, and financing needs for delfvery of capital
infrastructure in order to service projected growth without overburdening other
governments and their taxpayers." There is no reference to cost of housing or issues of
fairness to purchasers in the statute. Particularly in Miami-Dade, as a Home Rule
Charter County, iocal general-purpose government can impose restrictions prior to any
CDD creation that will a(low for some measure of consumer protection and local control.
Several cities have made requi�ements for their representatives to be on any CDD Board
within their municipal boundary. The County has irnposed a stringent noticing
requirement on CDD deve)opers. There are other restrictions that may be imposed after
consulting with the County Attorney's Office that will ensure that CDD developments will
work in the best interests of their �esidents. CDD's are also useful in developed areas
since they can be used to refurbish existing aged infrastructure, Lastly, as our research
indicates, most CDD housing is generally priced less than other developments.
It is therefore recommended that the 8oard of County Commissioners centinus to
consider creation of new Community Development Districts as a way to finance
continued growth and economic development in the County.
Attachments: Exhibits A through F
� �l
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Pres ' ' �
ent CDD
s in M�
a m � Dad
e
� 41 CDDs in Miami-Dade
Commerciall industrial: 3
Residential: 38
Single-family; Muiti-family; Mixed
� Most established since 2001
12
1Q
8
s
a
2
0
1998 1999 2000 2001 2002 2003 2004 2005 2U06
� 4 more CDDs on agenda x��ronado
Source: Flarida Department of Community Affairs,
Sec#ion 2: CDDs in Florida http:llwww.floridaspecialdistricts.org/0fficia(�.isUdownloads.efm
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a
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�D�S I ` .
n Mian��-Q
ade Co
unt
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�— ' w Ma�orca Isles"Coc.on.ut Cay
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Sec#ion 3: CDD Significance
Landmark at Do
Pan American Wes1
Trails at Mon
Venetian
Valencia
Paim
Coral Keys
' MOS
Miami
Park
Cay
nervilEe
H '
.
.�'y �
Ds are on urban fringes
� CDDs on agenda
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Land Develo ment b CDD ' *
� y S t� i� 200�
j # af � � � � �
.
Area in acres � CDDs Total land ! Av. Land � Mini-mum � Max-imum =
� i i
Singfefamily ; 9 769.3 85.5 � 30.� i 215.3 �
�
Mu6ti-family ; 11 689.9 62.7 20.4 j � 60.3 �
,
Mixed ; 17 2967.5 174.6 � 47.g � 516,5 �
� Total Residentiai � 3 � :
! � �
� Land ! � 4426.75 ! ;
Nonresidential 3 897.4 299.1 ' 135.5 i 436.0
;
Tcta! ; 40 5324.2 133.1 . 20.0 � 5� 6.5
�
! ot�� Kes�aen��ai �uu ueve�opment
4,426.75 acres t 1998-2005}
*Proposed at application.
Excludes Coronado (20Q6)
Source: Miami-Dade County, Public Works Department
Sectior, 3: CDD Significance
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Va ca n t L ' ' '
and �n M�am
� Dad�
Developable Vacant Land in Miami Dade
�inside UDB, in Acres)]
' i 2Q05 � 1998 j Diff.
Single family � �2,726 21,372 � �,�46
Mufti family 2,165 2,992 ! g�7 �
Tota! Residential Land - ; - � �,473 i
� lndusf�ia� 4,082 � 7,21 � ; 3,129 �
Business (Comm.) 2,712 2,896 ' 1 g�.
�ffice (Comm.) 823 1,111 � 288
� Total �Excluding Govt. '
owne� 22 508 35 58 �
> > 2 � 3,074
Govt. owned Land 3,205 2,717 �488)
Total Vacant Land � 25,713 38,299 12,586
Source: Miami-Dade County, Planning Deparfinent
Section 3: CDD Significance
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CDDs b � � . ■
Corr�mi
ss�on D�strfct
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un�ts b
CDD
� s t�ll 2�
v ��
CDD Type ; Single-family Townhomes �,p�rt�����
�
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�in���-�amii�y ; 2,9�7 _
�
;
�V1ui��-ra�niiy ' - 9,662 ?�Q
;
;
iVl ix�� � 7 260 ��, 93� �
� �
�
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Tota; � 1Q,2�7 2� 597
j � � ��0 �
_
�Units proposed a� app�ication.
Exciudes Coronado.
�°ctio!� 3: CQJ Significance Source: Miami-Dade Cou;�ty, Public 1No�s Deparmel�t
k
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EXH�BIT E
COMPARISiON OF CDD SALES 2002-05
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450,000
400,OQ0
350,0�0
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2so,000
Zoo,000
150,000
100, 000
50,000
Median Home Sales in CDDs vs. Conventional
Neighborhoods
Zoo2
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OP�ti ��y
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■ Median CDD Sales ❑ Median Ccr�ventFOna1 Home Sales
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Median Home Sales in CDDs vs. Conventional Neighborhoods
2043
450,000
400,000
350,000
300,000
250,000
200,0�0
150,000
100,OQQ
50,Ouu
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■ Median CDD Sales ❑ Median Conventional Home Sales
.�'�,� 5��
�
5 �
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Median Home Sales in CDD vs. Conventional Neighborhoods
2004
y 4so,000
� 400,000
Q 350,000
--- 300,000
d 250,000
�, 200,000
0 150,000
� 100, 000
� 50,000
C�
O Q,Q-�' ��' Q,�.�' p� Q.� �� t`� �O �5
�Q ��O ��O P,�,Z.� �0� �,�J ��Q- `��- `��.
�J�- �Q, �- �•� ��,�, �J�, ��� �� �`Q.�
Gt�,� �O Q� c,Q'J Q,O Q,� �e' t�,��i
`�� ��� ��5 J
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■ Median CDD Sales � Median Conventional Home Saies
m
x
_
�
�D
---�
m
W
� 450,000
`� 400,OQ0
p° 350,000
� 300, 000
� 250,000
y 200,000
0 150,000
�, 100, 000
� 50,000
> -
�
� , 0��5 P�G o�.�. OP�,�. ��� �P-� J�� ��-� �O ���,
Q- -lQ O �' �� � � �' � ��"'
GP JQ- �� ,�� �,�P P� ��� �r�� ���G' �\Q.�
�JQ-'L G`�`S� C'Q5 Q�, PJ5 P��' P,��` ,�Q` ��t�,
��� `��' � ��0 `�5 J
5pJ ,�Q4'
■ Median CDD Sales ❑ Median Conventional Home Sales
Median Home Sales in CDD vs. Conventional
Neighborhoods
zoo5
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00
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CDD S ecial As '
p sessments / Serv�ce
CDD E�timated Total Annual Assessments*
Single-family CDDs
Single farnily
Multi-family CDDs
� T�i Condos
y`' Mixed CDDs
Single-family
Multi-family
Ave-rage � Min.
$1,322
$1,437
$1,165
$981
$1,020
,i • 1
'�.11
��:1
Max.
$2,280
$3,024
'� :i1
�� • 1
Std, dev.
$449
;� • • �
$368
$3�3
Source: Miami-Dade County, Public Works Depa�tment
Section 3: CDD Significance
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Dircct �61.6 �O.-�9??
Toll Fr�e 877.7 �7.-�9??
Fax 561.630.492 �
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Date Prepared: December 13, 2007
ORDINANCE 1, 2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ESTABLISHING THE PARCEL 5A
COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO THE
PROVISIONS OF SECTION 190.005, FLORIDA STATUTES;
DESIGNATING THE POWERS OF THE DISTRICT; AND PROVfDING
AN EFFECTIVE DATE.
WHEREAS, Chapter 190, Florida Statutes, provides an alternative method to
finance and manage basic services for community development; and
WHEREAS, in accordance with Chapter 190, Florida Statutes, PGA North II of
Florida, LLC ("Petitioner") petitioned the City for the establishment of the Parcel 5A
Community Development District ("District"); and
WHEREAS, after proper public notice, the City Council conducted a public
hearing pursuant to Section 190.005(1)(d), Florida Statutes, and in accordance
therewith makes the following findings of fact:
1. The petition is complete in that it meets the requirements of Section
190.005(1)(a), Florida Statutes, and all statements contained within the
petition are true and correct.
2. The establishment of the District is not inconsistent with any applicable
element or portion of the City's Comprehensive Plan.
3. The area of land within the District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
4. The establishment of the District is the best alternative available for
delivering the community development services and facilities to the area
that will be served by the District.
5. The proposed services and facilities to be provided by the District will be
compatible with the capacity and uses of existing local and regional
community development services and facilities.
6. The area that will be served by the District is amenable to separate special-
district government.
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interests of the citizens and residents of the City of Palm Beach Gardens.
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Date Prepared: December 13, 2007
Ordinance 1, 2008
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 petition to establish the Parcel 5A Community Development
District over the following described real property which was filed by PGA North II of
Florida, LLC, and which petition is on file at the Growth Management Department, is
hereby granted. The name of the District shall be the "Parcel 5A Community
Development District."
LEGAL DESCRIPTION
ALL THAT PORTION OF SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST, AND
SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, LYING SOUTHERLY OF PLAT NO. 4 OF THE CfTY OF PALM BEACH
GARDENS, AS RECORDED IN PLAT BOOK 27, PAGES 4 THROUGH 6, AND ALSO
SOUTHERLY OF THE PLAT OF WINCHESTER COURTS, AS RECORDED IN PLAT
BOOK 37, PAGES 153 THROUGH 155, ALL OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; AND LYING EASTERLY OF THE EASTERLY RIGHT-
OF-WAY LINE OF INTERSTATE HIGHWAY 95; AND LYING NORTHERLY OF THE
NORTHERLY LiMITED ACCESS RIGHT-OF-WAY LINE FOR SAID INTERSTATE
HIGHWAY 95 AND NORTHERLY OF THE NORTH RIGHT-OF-WAY LINE OF PGA
BOULEVARD; AND LYING WESTERLY OF THE WESTERLY RIGHT-OF-WAY LINE
OF THE FLORIDA EAST COAST RAILROAD.
LESS AND EXCEPTING THEREFROM THE FOLLOWING PARCEL AS IDENTIFIED
AS PARCEL 100, AS RECORDED IN OFFICiAL RECORDS BOOK 10839, PAGE
1477, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
LESS AND EXCEPTING THEREFROM THE PARCEL OF LAND CONVEYED TO THE
CITY OF PALM BEACH GARDENS BY THE RIGHT-OF-WAY DEED RECORDED IN
OFFICIAL RECORD BOOK 17322, PAGE 1841, AND OFFICIAL RECORDS BOOK
18372, PAGE 1906, OF THE PUBLfC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
CONTAINING 78.35 ACRES, MORE OR LESS.
SECTION 3. The external boundaries of the District shall be as depicted on the
{ocation map attached hereto and incorporated herein as Exhibit "A." The City agrees
that the District may undertake projects outside District boundaries that are required by
development approvals and permits applicable to land within the District boundaries. In
furtherance thereof, the developer of the land within the District may assign its
obligations under such development approvals and permits to the District, subject to
consent requirements by the agency issuing the said development approvals and
permits.
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SECTiON 4.
follows:
Date Prepared: Qecember 13, 2007
Ordinance 1. 2008
The initial members of the Board of Supervisors shall be as
Daniel S. Catalfumo
James E. Jacoby
Paul Simonson
Jeffrey Marshall
Jane Ballard
SECTION 5. The District is created for the purposes set forth in Chapter 190,
Florida Statutes.
SECTION 6. The Parcel 5A Community Development District shall have, and
the Board may exercise, subject to the regulatory jurisdiction and permitting authority of
alf applicable governmentai bodies, agencies, and special districts having authority with
respect to any area included therein, all general powers authorized pursuant to Section
190.011, Florida Statutes, and only those special powers described in Section
190.012(1) which are set forth below, and hereby find that it is in the public interest of all
citizens of the City to grant such general and special powers:
1. To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge
or extend, equip, operate, and maintain systems, facilities, and basic
infrastructure for the following:
a. Water management and control for the lands within the District and to
connect some or any of such facilities with roads and bridges.
b. Water supply, sewer, and wastewater management, reclamation, and
reuse, or any combination thereof, and to construct and operate
connecting intercepting or outlet sewers and sewer mains and pipes
and water mains, conduits, or pipelines in, along, and under any street,
aliey, highway, or other public place or ways, and to dispose of any
effluent, residue, or other byproducts of such system or sewer system.
c. Bridges or culverts that may be needed across any drain, ditch, canal,
floodway, holding basin, excavation, public highway, tract, grade, fill, or
cut, and roadways over levees and embankments, and to construct
any and all of such works and improvements across, through, or over
any public right-of-way, highway, grade, fill, or cut.
3
�
Date Prepared: December 13, 2007
Ordinance 1, 2008
(1) District roads equal to or exceeding the applicable specifications
of the county in which such district roads are located; roads and
improvements to existing public roads that are owned by or
conveyed to the local general-purpose government, the state, or
the Federal Government; street lights; alleys; landscaping;
hardscaping; and the undergrounding of electric utility lines.
(2) Buses, trolleys, transit shelters, ridesharing facilities and services,
parking improvements, and related signage.
e. Investigation and remediation costs associated with the cleanup of
actual or perceived environmental contamination within the district
under the supervision or direction of a competent governmental
authority unless the covered costs benefit any person who is a
landowner within the District and who caused or contributed to the
contamination.
f. Conservation areas, mitigation areas, and wildlife habitat, including the
maintenance of any plant or animal species, and any related interest in
real or personal property.
2. To adopt and enforce appropriate rules following the procedures of Chapter
120, Florida Statutes, in connection with the provision of one or more
services through its systems and facilities.
SECTION 7. The Parcel 5B Community Development District shall not have,
and the Board may not exercise, any of the following powers set forth below:
1. Plan, establish, acquire, construct or reconstruct, enlarge or extend, equip,
operate, and maintain additional systems and facilities for:
a. Parks and facilities for indoor and outdoor recreational, cultural, and
educational uses.
b. Fire prevention and control, including fire stations, water mains and
plugs, fire trucks, and other vehicles and equipment.
c. School buildings and related structures, which may be leased, sold, or
donated to the school district, for use in the educational system when
authorized by the district school board.
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Date Prepared: December 13, 2007
Ordinance 1, 2008
d. Security, including, but not limited to, guardhouses, fences and gates,
electronic intrusion-detection systems, and patrol cars, when
authorized by proper governmental agencies; except that the District
may not exercise any police power, but may contract with the
appropriate local general-purpose government agencies for an
increased level of such services within the District boundaries.
e
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Control and elimination of mosquitoes and other arthropods of public
health importance.
Waste collection and disposal.
SECTION 8. Pursuant to Section 190.005 (2) (d), Florida Statutes, the charter
for the Parcel 5A Community Development District shall be Sections 190.006 through
190.041, Florida Statutes.
SECTION 9. This Ordinance is made subject to strict compliance by the Parcel
5A Community Development District with the disclosure requirements of Sections
190.048 and 190.0485, Florida Statutes. In addition to the statutory requirements, the
Petitioner shall:
1. Prior to recording the Notice of Establishment within the public records of
Palm Beach County, the Applicant shall submit the Notice to the City for the
review and approval of the Growth Management Administrator and the City
Attorney. The Notice and corresponding documents shall include the
following:
a. The Notice of Establishment shall appear in the title chain for all lots
within Parcel 5A and will disclose the establishment and existence of
the District.
b. A Notice of Assessments will also be recorded in the public land
records against all property within Parcel 5A once the assessments
have been set by the Board of Supervisors. The Notice of Assessment
shall disclose the amount of the annual assessments applicable to the
lots/units within Parcel 5A, and shall provide the name, address, and
telephone number of the District Manager.
c. Each prospective initial retail purchaser/renter/lessee will be provided
with a brochure along with the Parcel 5A sales materials disclosing the
establishment of the District and the anticipated level of assessments
applicable to properties and units within Parcel 5A.
�
Date Prepared: December 13, 2007
Ordinance 1, 2008
d. Each purchase and sale or lease agreement with initial retail
purchasers or lessees will include a specific disclosure addendum
outlining in detail the existence and function of the District and the
estimated assessment amounts applicable to lots/units within Parcel
5A.
e. Each deed of conveyance delivered to the initial retail purchaser within
Parcel 5A will specifically reference the Notice of Establishment
recorded in the Land Records of Palm Beach County, Florida.
f. Pursuant to Section 190.048, Florida Statutes, each purchase and sale
agreement with an initial retail purchaser of property within Parcel 5A
will include the following conspicuous disclosure above the space
provided for the purchaser's signature in large boldfaced type:
"THE PARCEL 5A COMMUNITY DEVELOPMENT DISTRICT
MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR
BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY.
THESE TAXES AND ASSESSMENTS PAY FOR THE
CONSTRUCTION, OPERATION, AND MAINTENANCE
COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES
OF THE DISTRICT AND ARE SET ANNUALLY BY THE
GOVERNING BOARD OF THE DISTRICT. THESE TAXES
AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND
OTHER LOCAL GOVERNMENTAL TAXES AND
ASSESSMENTS AND ALL OTHER TAXES AND
ASSESSMENTS PROVIDED FOR BY LAW."
g. The Declaration of Restrictions for Parcel 5A will include a disclosure
of the existence and function of the District, and will require all property
owners within Parcel 5A to disclose the existence and function of the
District to subsequent purchasers.
SECTION 10. This Ordinance shall become effective immediately upon
adoption.
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PASSED this day of
PASSED AND ADOPTED this
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
1:3��
Christine P. Tatum, City Attorney
day of
G:\attorney_share\ORDINANCES\CDD - Parcel SA - Ord 1 2008 -final.doc
7
FOR
Date Prepared: December 13, 2007
Ordinance 1, 2008
2008, upon first reading.
, 2008, upon
AGAINST ABSENT
Date Prepared: December 13, 2007
Ordinance 1, 2008
EXHIBIT "A"
•
.
•
EXH[BIT 1
LOCATION MAP
5A COMMUNITY DEVELOPMENT DISTRICT
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Petition - Exhibit I
CTTY OF PALM BEACH GARDENS CTTY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 13, 2007
Meeting Date: January 3, 2008
Ordinance: Ordinance 2, 2008
Subiect/A�enda Item
Ordinance 2, 2008: Parcel SB (PGA Design Center) Community Development District
First Reading: A request by Peter Pimentel of Special District Services, Inc., on behalf of
Catalfumo Construction, for approval of the establishment of the Parcel SB Community
Development District for the approximately 30 acre Parcel SB Planned Unit Development
(PUD), located at the southeast corner of PGA Boulevard and RCA Boulevard. The request is
filed pwsuant to Section 190.005(2) of the Uniform Community Development District Act of
1980.
[ ] Recommendation to APPROVE
[X] Recommendation to DENY
Reviewed by: Originating Dept: FINANCE: City Council Action:
Grawth . [N/Al APPrrned
City Attomey p�� Costa: � N/A [N/A] App. w/ conditions
Christine Ta �ag� Total [N/A] Denied
Development Compliance � � [ ] Rec. approval
Growth Management $ N/A [) Rec. app. w/ conds.
B iareh Keshavarz, AICP [X] Quasi-Judicial C� � [ I�• Denial
[ l Legislative [N/AJ Continued
Growth Manag Fwnding Source: to:
( j Public Hearing
Administrator Attachments:
Kara Irwin, AICP. Adverti9ed: [ l���g • FS 190.005, FS
Date: N/A 190.011, & FS
Paper: PB Post [X] Other N/A 190.012
� � �w� by �' • Appiication
Statutes Budget Acctlk: • Su ort
Approve�-$y: � NA Documentation -
Ronald 1��FerriS� cted parties: Benefits
� �� • Ordinance 2, 2008
�' � [ l Notified
[X] Not Required
BACKGROUND
On December 16,
Orde�"), with waiv
the subject properl
"Project"). On Ma
to modify certain
building elevations
modifications.
In addition, the
Development Ord
modifications to t
site and landscape
Date Prepared: December 13, 2007
Me�ing Date: January 3, 2008
Ordit�aztce 2, 2008
Page 2 of 7
D04, the City Council approved Resolution 216, 2004 (the "Development
•s and conditions of approval, thereby approving the development order for
referred to as the "RCA Center Planned Unit Developmem" (PUD) (the
4, 2006 the City Council approved Resolution 26, 2006 to amend the PUD
�nditions of approval to allow a reallocation of uses, revisions to certain
nd footprints, to add a parking structure, and other minor site and landscape
�licant has been approved for three administrative amendments to the
to revise Building #9 and the square footages of other buildings, to a11ow
site plan to accommodate a potential future Tri-Rail site, and other minor
The Catalfumo C nstruction Company proposes to establish the "Parcel SB Community
Developmem Dist 'ct" within the Parcel SB PUD pursuant to the Uniform Community
Development Dist ct Act of 1980, Chapter 190, Florida Statutes. A CDD is a local unit of
special purpose go emment authorized by the Uniform Community Development District Act,
Chapter 190, Flori a Statutes and organized ta plan, finance, construct, operate, and mairrtain
community-wide i frastructure in planned developments. The overall purpose of a CDD
provides the devel er the ability to fund community infrastructure through the purchase of tax-
free bonds, which t e debt of said bonds is paid back by the CDD property owners.
The proposed Ordi ance to establish the CDD does not affect the PUD approval. For the City
Council's informat on, the Parcel SB CDD (together with the proposed Parcel SA CDD} would
be the second and t ird CDDs established in the City of Palm Beach Gardens.
On December 19
Development Dist�
Southampton Plam
Development Dist�
that the District w
Old Palm and the
development. T'h
development, and �
the event that the
the CDD would ha
The Applicarrt has
acyuisition costs, 1
2002, Ordinance 42, 2002 was approved to establish a Community
ct for the Old Palm Planned Community Development (PCD). In 2006, the
ed Unit Development requested the establishment of their own Community
ct. However, that pexition was denied by the City Council due to concerns
�uld be an additional tax burden upon future residems. Please note that the
'�outhampton petitions were for the establishment of a CDD for a residential
; subject petition is for the establishment of a CDD in a commercial
ie additional tax burden would be borne by commercial property owners. In
roperty owner proposed to include residential uses within the development,
e to be amended as well.
that the CDD will finance the construction or acyuisition of the land
g, earthwork, and surface water management system improvements.
Date Prepared: December 13, 2007
Meeting Date: Jam�ary 3, 2008
Otdinance 2, 2008
Page 3 of 7
The CDD will operate and maintain the surface water management system. The water
distribution and wastewater collection and transmission facilities will be built according to
Seacoast Utility Authority (SUA) specifications, operated and maintained by SUA, and
conveyed to SUA once complete.
Pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida
Statutes, a CDD is a local unit of special purpose government authorized by the Uniform
Community Development District Act, Chapter 190, Florida Statutes and organized to plan,
finance, construct, operate, and maintain community-wide infrastructure in planned
developments.
The authorizing Ordinance and Florida law strictly limit the powers of the District. It is
important to note th� following:
• In addition to the City's zoning authority, Parcel SB PUD property owners would ultimately
be subject to two governing boards (CDD, Property Owner's Association);
• The CDD will not have the power to exercise any zoning or permitting powers;
• The City will not be liable for any bond obligations of the CDD, nor for Sunshine Law
Compliance by its Board of Supervisors;
• No taxpayer residing or owning property outside of the CDD can or will be taxed by the
District; and
• The District will not affect the City's bonding capacity and millage rate.
GOOD FAITH ESTIIVIATE
The CDD will finance the construction or acyuisition of the initial Public Infrastrocture
improvements by issuing unrated special assessment bonds, which will be sold to qualified
institutional investors. The bonds will be amortized over no more than 30 years and the principal
and interest payable will be paid by the CDD from the proceeds of non-ad valorem special
assessments levied by the CDD. The non-ad valorem assessments will be collected annually by
the Pa1m Beach County Tax Collector or the CDD.
The estimated cost of the infrastructure is $3.9 million. The applicant is proposing to issue
special assessment bonds for a portion af that $3.9 million of infrastructure costs. The bonds
would be the responsibility of the property owner.
However, in addition to the levy of non-ad valorem assessments for debt service, the CDD may
also impose further non-ad valorem assessments to fund the operations and maintenance of the
CDD, its facilities, and services.
OPERATION OF THE CDD
Pursuant to the Act, the CDD will be governed by a five-member board of supervisors. The
initial members of the Board are elected by the landowners (principally the applicant) for a
period of six years. Therefore, the control of the Board is maintained by the landowners for the
Date Prepared: December 13, 2007
Meeting Date: Januaty 3, 2008
Ordinance 2, 2008
Page 4 of 7
first six years of CDD establishment. After the si�h year, each board position that comes up for
re-election must be filled by an elector in a general election wherein all electors within the CDD
are entitled to vote. A qualified elector could be a property owner within the CDD.
BENEFITS TO THE CITY
The petitioner has provided justification for the CDD, which has been attached for review.
REOUIREMENTS UNDER THE ACT FOR CDD ESTABLISHMENT
Section 190.005, Florida Statutes establishes the following six criteria that the City Council shall
consider in granting or denying a petition to establish a CDD:
1. Whether all statements contained within the petition have been found to be true and
correct.
The petition has been reviewed and found to be true and correct.
2. Whether the establishment of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
The establishmerrt of the district is inconsistent with the City's Comprehensive Plan.
Specifically, the Economic Development Element and Future I,crnd Use Element policies that
established the Bioscience Research Protection Overlay (BRPO), which provides language
that encourages incentivizing research and development users within the overlay area. The
additiorral taxing district does not encourage the locatiorr of Bioscience users, nor does it
provide the incentive of lowering the cost of development for those users. It is staff's
professional opinion that the CDD is not consistent with the policies of the Comprehensive
Plan relatir�e to the BRPO, which encourages the provision of incentives within the BRPO
3. Whether the area of land within the proposed district is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional interrelated
community.
The applicant is proposrng to create a district within the parameters of the Plaimed Unit of
Development, which is currently under the ownership of one entity and under the control of
one Property Owner's Associalion (POA). Arry subdivision of the property would require a
Unity of Control based on requirements within the City's I.cmd Development Regulations, so
the property has been developed as one functional interrelated community.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
Date Prepared: Deoember 13, 2007
Meeting Date: Januaty 3, 2008
Otdinanoe 2, 2008
Page 5 of 7
The praposed district is not the only alternative available for delivering community
development services and facilities to the area.
5. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
The proposed district will not be incompatible with the capacity and uses of the existing local
facilities.
6. Whether the area that will be served by the district is amenable to separate special-district
government.
Currentty, the proposed district is under ownership of the one entity that is praposing the
district.
Disclosure
To enswe that all prospective land owners and/or tenants within the Pazce15B PUD aze well advised
of the existence, function and powers of the District, the Petitioner agrees to undertake the following
disclosures which extend beyond the requirements of Sections 190.009 and 190.048, Florida Statutes:
Prior to recording the Norice of Establishment within the public records of Palm Beach County, the
Applicant sha11 submit the Notice to the City for the review and approval of the Cnowth Management
Administrator and the City Attorney. The Notice and corresponding documents shall include the
following:
The Notice of Establishment sha11 appear in the title chain for all lots within Parcel SB and
will disclose the establishment and existence of the I}istrict;
2. A Notice of Assessments will also be recorded in the public land records against all property
within Parcel SB once the assessments have been set by the Board of Supervisors. The
Notice of Assessment shall disclose the amount of the annual assessments applicable to the
lots/units within Pazcel SB, and shall provide the name, address and telephone number of the
District Manager;
Each prospective uutial retail purchaser/renter/lessee will be provide� with a brochure along
with the Pazcel SB sales materials disclosing the establishment of the District and tfie
anticipated level of assessments applicable to properties and units within Parcel SB;
4. Each purchase and sale or lease agreement with inirial retail purchasers or lessees will
include a specific disclosure addendum outlining in detail the existence and function of the
District and the estimated assessment amounts applicable to lots/units within Pazcel SB;
5. Each deed of conveyance clelivered to the initial retail purchaser within Pazcel SB will
specifically reference the Notice of Establishment recorded in the Land Records of Palm
Beach County, Florida; and
Date Prepared: December 13, 2007
Meeting Date: Jawary 3, 2008
Ordinance 2, 2008
Page 6 of 7
6. Pursuant to section 190.048, Florida Statues, each purchase and sale agreement with an initial
retail pwchaser of property within Parcel SB will include the following conspicuous
disclosure above the space provided for the purchaser's signature in lazge boldfaced type:
"THE PARCEL SB COMMUNITY DEVELOPMENT DISTRICT MAY
IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND
ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND
ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION, AND
MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND
SERVICES OF THE DISTRICi' AND ARE SET ANNUALLY BY THE
GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND
ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL
GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES
AND ASSFSSMENI'S PROVIDED FOR BY LAW."
7. The Declazation of Restrictions for Parcel SB will include a disclosure of the existence and
function of the District, and will require a11 property owners within Pazcel SB to disclose the
existence and function of the District to subsequent purchasers.
ADDITIONAL POWERS
Florida Statutes 190.412 (2) provides for additional powers which the local governmem may
grant to the District upon approval of its establishment. These powers to establish and maintain
facilities and services for parks facilities, fire prevention and control, school buildings and
related structures, on-site security, mosyuito control, and waste collection and disposal.
However, staff does not feel it is appropriate for a special taxin� district to exercise several of the
above referenced powers, and therefore has included a condition within the proposed ordinance
barring the District from exercising powers related to parks and facilities, fire prevention and
control, school buildings and related structures, mosyuito control, and waste collection and
disposal.
STAFF ANALYSIS
Currently, the City has one established CDD in a residential community, yet denied an additional
application for a CDD in a smaller residential community due to concerns about placing
additional taac burdens on residential communities. While the existing development does not
include residential uses, the land use and zoning for the project allows for the inclusion of
residerrtial uses and the property owner has applied to Palm Beach County and the City for traffic
concurrency for 450 residetrtial units. While they cunently have no development approval, staff
supports the past precedent of denying approval of an additional taxing district on residential
uses.
In addition, the existing development is within the Bioscience Research Protection Overlay
(BRPO) and provides for a portion of the industrial and office uses that the City has committed
to provide incentives for Bioscience users in the BRPO. The additiona! taxing district dces not
Date Prepazed: I�ber 13, 2007
Mceting Date: Januazy 3, 2008
Ordinanc:e 2, 2008
Page 7 of 7
encourage the location of Bioscience users, nor does it provide the incentive of lowering the cost
of developmem for those users. It is staff's prafessional opinion that the CDD is not consistent
with the policies of the Comprehensive Plan relative to the BRPO, which encourages the
provision of incentives within the BRPO.
STAFF RECOMMENDATION
Staff recommends denial of Ordinance 2, 2008.
�
�
.
PETITION FOR ORDINANCE
FOR
5B Community Development District
.`��
�� �;���
�
May 18, 2007
Prepared by
Special District Services, Inc.
The Oaks Center
2501A Burns Road
Palm Beach Gardens, Florida 33410
Tele: 561-630-4922
Toll Free: 877-737-4922
Fax: 561-630-4923
��'`w`'�
'�:
R��w,�
•
U
•
��T �
ls�: .
�l�a�
iN RE: AN ORDINANCE TO ESTABLISH )
SB COMMUNITY DEVELOPMENT DISTRICT)
PETITION
PGA Flyover Corporate Park, LLC, RCA Center II of Florida, LLC, and PGA Transportation
Oriented Development, LLC ("Petitioners"), collectively known hereafter as the
"Landowners", hereby petition the City of Palm Beach Gardens City Council to establish a
Community Development District ("DistricY') with respect to the land described herein and in
support of the Petition, Petitioners states:
1. The proposed District is located within the incorporated area of the City of
Palm Beach Gardens, Palm Beach County, Florida. Exhibit 1 depicts the general location of
the project. The proposed District covers approximately 30.03 acres of land. The metes and
bounds description of the external boundaries of the District is set forth in Exhibit 2. There is
no real property within the internal boundaries of the proposed District which is to be
excluded from the District except the roads dedicated to Palm Beach Gardens.
2. Attached to this Petition as Exhibits 3-3C and made a part hereof is the written
consent to the establishment of the District by the owners of 100% of the real property to be
included in the District.
3. The iive persons designated to serve as initial members of the Board of
Supervisors of the proposed District are as follows:
1. Daniel S. Catalfumo
2. James E. Jacoby
3. Paul Simonson
4. Jeffery Marshall
5. Jane Ballard
725 Harbor Isles Place
107 North River Drive East
182 Eastwood Lane
616 P Street
8490 Whispering Oaks Way
N. Palm Beach, Fl 33408
Jupiter, Fl 33458
P. Bch. Gardens, Fl 33410
W. Palm. Beach, Fl 33401
W. Palm. Beach, F133411
4. The proposed name of the District to be established is SB Communitv
Development District ("SBCDD"2
5. There are no existing major trunk water mains, sewer interceptors or outfalls
on site.
6. The proposed timetable for the construction of District services and the
estimated cost of constructing the services, based on available data, are shown on Exhibits 4A
and 4B. These are good faith estimates but are not binding on the Petitioner or the District
and are subject to change.
Petition
�r.'
•�: �
����
7. Petitioners are in the process of developing the properties within the District as
• mixed use developments containing commercial and retail uses. The proposed uses for the
land included within the proposed District are consistent with the City of Palm Beach Gardens
Comprehensive Development Master Plan and the City of Palm Beach Gardens Future Land
Use Element. The City Master Plan and Future Land Use Element designate the land
contained within the proposed District for mixed use and industrial. The future general
distribution, location and extent of public and private uses of land proposed for the area
within the District are shown on Exhibit 5.
8. Exhibit 6 is a Statement of Estimated Regulatory Costs prepared in accordance
with the requirements of Section 120.541, Florida Statutes.
9. Exhibit 7 is a map indicating the boundaries of the SB Community
Development District.
10. The District is seeking and hereby requests the right to exercise all powers
provided for in Section 190.06 through 190.041, Florida Statutes (except for powers regarding
waste disposal or collection of any waste), Florida Statutes, including the special powers
provided by Section 190.012, Florida Statutes.
11. The Petitioners are PGA Flyover Corporate Park, LLC, RCA Center II of
Florida, LLC and, PGA Transportation Oriented Development, LLC , whose addresses are
4300 Catalfumo Way, Palm Beach Gardens, F133410.
• 12. The property within the proposed District is amenable to operating as an
independent special district for the following reasons:
•
a. Establishment of the District and all land uses and services planned
within the proposed District are not inconsistent with applicable elements or portions of the
effective City of Palm Beach Gardens Comprehensive Development Master Plan, as
amended.
b. The land encompassing the proposed District is of sufficient size and is
sufficiently compact and contiguous.
c. The community development services of the District will be compatible
with the capacity and use of existing local and regional community development services and
facilities.
d. The proposed District will be the best alternative available for
delivering community development services to the area to be served because the District
provides a governmental entity for delivering those services and facilities in a manner that
does not financially impact persons residing outside the District and provides a responsible
perpetual entity capable of making reasonable provisions for the operation and maintenance
of the District services and facilities in the future.
Petition
•
•
•
�
�°��
WHEREFORE, Petitioners respectfully requests the Palm Beach Gardens City Council to:
1. Hold a public hearing as required by Section 190.005(2)(b), Florida StatE.ites to
consider the establishment of the SB Cornmunity Development District.
2. Adopt an ordinance pursuant to Chapter 190, Florida Siatutes, granting this
Petition and establishing the SB Community Development District.
Respectfully submitted this C� V day of ��J��� � 2007
,
PGA FLYOVER CORPORATE PARK, LLC,
a Fl ' a Limit d Liability Company,
�
:/ . �
Daniel S. Catalfumo ager
RCA R II OF FLORIDA ,LLC
� .;
��
Daniel S. Catalf resident of the
General Par �the Sole Member
PGA TRANSPORTATION ORIENTED
DEVE�MENT, LLC
�
�„��,
� SB COMMUNITY DEVELOPMENT DISTRICT
EXHIBITS
�
�
Exhibit l
Exhibit 2
Exhibit 3
Exhibit 3A
Exhibit 3 B
Exhibit 3C
Exhibit 4A
Exhibit 4B
Exhibit 5
Exhibit 6
Exhibit 7
�r��
����
Location Map
Legal Description
List of Owners
Affidavit of Ownership and Consent-PGA Flyover Corporate Park, LLC
Affidavit of Ownership and Consent-RCA Center II of Florida, LLC
Affidavit of Ownership and Consent-PGA Transportation Oriented Development, LLC
Estimated Infrastructure Construction Time Table
Construction Costs Estimates
Public and Private Uses Map
Statement of Estimated Regulatory Costs
Boundary Map of the CDD
Petition
EXHIB[T 1
LOCATION MAP
SB COMMUIYITY DEVELOPMEIYT DISTRICT
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EXHIBIT 2
LEGAL DESCRIPTION
SB COMMUNITY DEVELOPMENT DISTRICT
PGA FLYOVER CORPORATE PARK, LLC
Legal Description
Parcels A and Water Management Tract 1, as shown on MacArthur Parcel SB-Replat, as recorded in
Plat Book 108, pages 70 through 74, Public Records of Palm Beach County, Florida.
RCA CENTER ll OF FLORIDA, LLC
Legal Description
Parcel B, as shown on MacArthur Parcel SB-Replat, as recorded in Plat Book 108, pages 70 through
74, Public Records of Palm Beach County, Florida.
PGA TRANSPORTAT[ON ORIENTED DEVELOPMENT, LLC
Legal Description
• Parcel C and Water Management Tract 2, as shown on MacArthur Parcel SB-Replat, as recorded in
Plat Book 108, pages 70 through 74, Public Records of Palm Beach County, Florida.
Containing 30.03 acres, more or less.
•
Petition — Gxhibit Z
•
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EXHIBIT 3
LIST OF OWNERS FOR THE
SB
COMMUNITY DEVELOPMENT DISTRICT
1. PGA FLYOVER CORPORATE PARK, LLC
2. RCA CENTER II OF FLORIDA, LLC
3. PGA TRANSPORTATION ORIENTED DEVELOPMENT, LLC
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EXHIBIT 3A
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF THE
SB
COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
On this day of April, 2007, personally appeared before me, an officer duly authorized to
administer oaths and take acknowledgments, Danie] S. Catalfumo, who, after being duly sworn,
deposes and says:
Aftiant, Daniel S. Catalfumo, an individual, is Manager of the PGA Flyover
Corporate Park, LLC. a Florida limited liability cornpany (the company)
2. The Company is the owner of the following prescribed property, to wit:
See Exhibit "A" attached hereto (the "Property")
3. Affant, Daniel S. Catalfumo, hereby represents that he has full authority to execute
all documents and instruments on behalf of the Company including the Petition
before the City of Palm Beach Gardens City Council, to enact an ordinance to
establish the SB Community Development District (the "Proposed CDD").
4, The Property represents ali of the real property owned by the affiant to be included in
the Proposed CDD.
5. Affiant, Daneel S. Catalfumo, on behalf on the PGA Flyover Corporate Park, LLC
as the sole owner of the Property in the capacity described above, hereby consents to
the establishment of the Proposed CDD.
FURTHER, AFFtANT SAYETH NOT.
Subscribed and
Catalfumo, the
company, who
sworn to before me this �� day
Manager of PGA Flyover Corporate
personally appeared before me, �"
as identification. �
- �'G
DANIEL S.
of - , 2007, by Daniel S.
Par , LLC, a Florida limited liability
is personally known or o produced
Notary: .�%�
Print N '�
Notary Public, State of Florida
My Commission Expires:
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PNition— ExAibit 3A
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Exhibit A
Le�al Description
PGA FLYOVER CORPORATE PARK, LLC
Legal Description
Parcels A and Water Management Tract 1, as shown on MacArthur Parcel SB-Replat, as
recorded in Plat Book 108, pages 70 through 74, Public Records of Palm Beach County,
Florida.
PeUtion - [xhibi� 3A
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EXHIBiT 3B
ARFIDAVIT OF OWI�IERSHIP AIVD CONSENT
TO THE CREATION OF THE
SB
COMMUNITY DEVELOPMEIVT DISTRICT
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
On this day of April 2007, personally appeared before me, an officer duly authorized to
administer oaths and take acknowledgments, Daniel S. Catalfumo, who, after being duly sworn,
deposes and says:
1. Affiant, Daniel S. Catalfumo, an individual, is President of the General Partner of the
Sole Member of RCA Center II of Florida, LLC. a Florida limited liability company
(the company}.
2. The Company is the owner of the following prescribed property, to wit:
See Exhibit "A" attached hereto (the "Property")
3. Affiant, Daniel S. Catalfumo, hereby represents that he has full authority to execute all
docurnents and instruments on behalf of the Company including the Petition before the
• City of Palm Beach Gardens City Council, to enact an ordinance to establish the SB
Community Devetopment District (the "Proposed CDD").
4. The Property represents all of the real property owned by the affiant to be included in the
Proposed CDD.
Affiant, Daniel S. Catalfumo, on behalf on the RCA Center TT of Florida, LLC as the
sole owner of the Property in the capacity described above, hereby consents to the
establishment of the Proposed CDD. _�
FURTHER, AFFIANT SAYETH NOT.
DANIEL S. CATAL�UMO
Subscribed and swom to before me this �d day of , 2007, by Daniel S.
Catalfumo President of the General Partner of the Sole mber of RCA Center tI of Florida,
personally appeared before me, jyis personatly
as identification. ��
Notary: ,% G%Iv-r�
Print N . � .QiYS'
Notary Public, State of Florida
My Commission Expires:
�
LLC, a Florida limited liability company, who
known or p produced
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Exhibit A
Le al Descri tion
RCA CENTER II OF FLORIDA, LLC
Legal Description
Parcel B, as shown on MacArthur Parcel SB-Replat, as recorded in Plat Book 108, pages
70 through 74, Public Records of Palm Beach County, Florida.
Petl�ion ILrhIhV� :H
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. EXHIBIT 3C
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF THE
SB
COMMUNITY DEVELOPMEt�IT DISTRICT
u
u
STATE OF FLORIDA }
COUNTY OF PALM BEACH �
On this day of �ril 2007, personally appeared before me, an offcer duly authorized to
administer oaths and take acknowledgments, Daniel S. Catalfumo, who, after being duly sworn,
deposes and says:
1. Affiant, Daniel S. Catalfumo, an individual, is President of the General Partner of the
Sote Member of PGA Transportation Oriented Development, LLC. a Florida limited
liability company (the company)
2. The Company is the owner of the following prescribed properiy, to wit:
See Exhibit "A" attached hereto (the "Property"}
3. Affiant, Daniel S. Catalfumo, hereby represents that he has full authority to execute all
documents and instruments on behalf of the Company inciuding the Petition before the
City of Palm Beach Gardens City Council, to enact an ordinance to establish the SB
Community Development District (the "Proposed CDD").
4. The Property represents all of the real property owned by the affiant to be included in the
Proposed CDD.
5. Affiant, Daniel S. Catalfumo, on behalf on the PGA Transportation Oriented
Development, LLC as the sole owner of the Property in the capacity described above,
hereby consents to the establishment of the Proposed CDD.
FURTHER, AFF[ANT SAYETH NOT.
� �
DANIEL S. CAT
Subscribed and sworn to before me this � day of / 2007, by Daniel S.
Catalfamo, the Manager of PGA Transportation Oriented De elopment, LLC, a Florida limited
liability company, who personally appeared before me, �p is personally known or ❑ produced
as identification.
/
Notary:
Print N . � ss/ � .e.�
Notary Public, State of Florida
My Commission Expires:
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Exhibit A
Legal Description
PGA TRANSPORTATION ORIENTED DEVELOPMENT, LLC
Legal Description
Parcel C and Water Management Tract 2, as shown on MacArthur Parcel SB-Replat, as
recorded in Plat Book 108, pages 70 through 74, Public Records of Palm Beach County,
Florida.
Petition - Gxhibit ?C
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EXHIBIT 4A
• ESTIMATED INFRASTRUCTURE CONSTRUCTION TIME TABLE
�
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SB COMMUNITY DEVELOPMENT DISTRICT
Im rovement Start Date Com letion Date
LAND ACQUISITION N/A N/A
EARTHWORK MAY 2006 DECEMBER 2008
SURFACE WATER MANAGEMENT MAY 2006 DECEMBER 2008
LANDSCAPING NOVEMBER 2006 DECEMBER 2008
PeUiion �� Gshibii �lA
•
•
•
EXHIBIT 4B
CONSTRUCTION COSTS ESTIMATES
SB COMMUNITY DEVELOPMENT DISTRICT
Cate o Cost Estimate
LAND ACQUISITION $ 1,306,800
EARTHWORK $ 1,000,000
SURFACE WATER MANAGEMENT $ 600,000
LANDSCAPING $ 1,000,000
TOTAL $ 3,906,800
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EXHIBIT 5
PUBLIC AND PRIVATE USES MAP
5B COMMUNITY DEVELOPMENT DISTRICT
Peti�ion - fshihft 5
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EXHIB[T 6
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COMMUNITY DEVELOPMENT DISTRICT
Statement of Estimated Regulatory Costs
May 18, 2007
Prepared by
Special District Services, Inc.
The Oaks Center
2501A Burns Road
Palm Beach Gardens, Florida 33410
(561) 630-4922-Tele
(877) 737-4922-Toll Free
(561)630-4923-Fax
Petitiom[xhihit 6
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• STATEMENT OF ESTIMATED REGULATORY COSTS
1.0 [ntroduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("SERC") supports the petition to
establish the SB Community Development District ("District"). The District
comprises approximately 30.03 acres of land located in the incorporated area of
the City of Palm Beach Gardens, Palm Beach County, Florida. The limitations on
the scope of this SERC are explicitly set out in Section 190.002(2) (d), F.S.
(governing District establishment) as follows:
"That the process of establishing such a district pursuant to
uniform general law shall be fair and based only on factors
material to Manager and financing the service delivery function of
the district, so that any matter concerning permitting or planning of
the development is not material or relevant (emphasis added)."
1.2 Overview of 5B Community Development District
The District is designed to provide district infrastructure, services, and facilities
• along with their operations and maintenance to multiple planned mixed use
developments within the boundaries of the district.
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541(2), F.S. (1997), defines the elements a statement of estimated
regulatory costs must contain:
(a) A good faith estimate of the number of individuals and entities likely to be
required to comply with the rule, together with a general description of the types
of individuals likely to be affected by the rule.
(b) A good faith estimate of the cost to the agency, and to any other state and local
government entities, of implementing and enforcing the proposed rule, and any
anticipated effect on state and local revenues.
(c) A good faith estimate of the transactional costs likely to be incurred by
individuals and entities, including local governmental entities, required to comply
with the requirements of the ordinance. As used in this paragraph, "transactional
costs" are direct costs that are readily ascertainable based upon standard business
practices, and include filing fees, the cost of obtaining a license, the cost of
equipment required to be installed or used or procedures required to be employed
in complying with the rule, additional operating costs incurred, and the cost of
• monitoring and reporting.
Petition-C<hibi� 6
•
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(d) An analysis of the impact on small businesses as detined by Section 288.703,
F.S., and an analysis of the impact on small counties and small cities as defined
by Section 120.52, F.S. Palm Beach Gardens is not defined as a small City for
purposes of this requirement.
(e) Any additional information that the agency determines may be useful.
(� In the statement or revised statement, whichever applies, a description of any
good faith written proposal submitted under paragraph (1) (a) and either a
statement adopting the alternative or a statement of the reasons for rejecting the
alternative in favor of the proposed ordinance.
"Note: the references to "rule" in the statutory requirements for the Statement of
Estimated Regulatory Costs also apply to an "ordinance" under section
190.005(2) (a), Florida Statutes."
2.0 A good faith estimate of the number of individuals and entities likely to be
required to comply with the ordinance, together with a general description of
the types of individuals likely to be affected by the ordinance.
• The SB Community Development District serves land that comprises a 30.03 acre
commercial and retail mixed use development. The owners and tenants that may
occupy the District will be individuals and other retail related businesses.
�
3.0 A good faith estimate of the cost to the agency, and to any other state and
local government entities, of implementing and enforcing the proposed rule,
and any anticipated effect on state or local revenues.
There is no state agency promulgating any rule relating to this project that is
anticipated to effect state or local revenues.
3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance
Because the results of adopting the ordinance is establishment of a local special
purpose government, there will be no enforcing responsibilities of any other
government entity, but there will be various implementing responsibilities which
are identified with their costs herein.
Peti�ion-L=shibit 6
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• State Governmental Entities
There will be only modest costs to various State governmental entities to
implement and enforce the proposed establishment of the District. The District as
established on the proposed land, will encompass under 1,000 acres, therefore,
Palm Beach Gardens is the establishing entity under 190.005(2), F.S. The modest
costs to various State entities to implement and enforce the proposed ordinance
relate strictly to the receipt and processing of various reports that the District is
required to file with the State and its various entities. Appendix A lists the
reporting requirements. The costs to those State agencies that will receive and
process the District's reports are very small, because the District is only one of
many governmental units that are required to submit the various reports.
Therefore, the marginal cost of processing one additional set of reports is
inconsequential. Additionally, pursuant to section 189.412, F.S., the District must
pay an annual fee to the State of Florida Department of Community Affairs which
offsets such costs.
Palm Beach Gardens
There will be only modest costs to the City for a number of reasons. First, review
of the petition to establish the District does not include analysis of the project
itself. Second, the petition itself provides much of the information needed for a
staff review. Third, the City already possesses the staff needed to conduct the
• review without the need for new staff. Fourth, there is no capital required to
review the petition. Finally, the City routinely process similar petitions though
for entirely different subjects, for land uses and zoning changes that are far mare
complex than is the petition to establish a community development district.
The annual costs to the City of Palm Beach Gardens because of the establishment
of the District are also very small. The District is an independent unit of local
government. The only annual costs the City faces are the minimal costs of
receiving and reviewing the various reports that the District is required to provide
to the City, or any monitoring expenses the City may incur if it establishes a
monitoring program for this District.
3.2 Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negative impact on state or local
revenues. The District is an independent unit of local government. It is designed
to provide infrastructure facilities and services to serve the development project
and it has its own sources of revenue. No state or local subsidies are required or
expected.
In this regard it is important to note that any debt obligations incurred by the
District to construct its infrastructure, or for any other reason, are not debts of the
•
Pe�i�ion-I'_shibit fi
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• State of Florida or any other of local government. In accordance with State law,
debts of the District are strictly its own responsibility.
4.0 A good faith estimate of the transactional costs likely to be incurred by
individuals and entities required to comply with the requirements of the
ordinance.
Table 1 provides an outline of the various facilities and services the proposed
District may provide.
Table 1
SB Community Development District
Proposed Facilities and Services
FACILITY FUNDED BY O&M BY OWNERSHIP
BY
LAND AQUISITION CDD N/A CDD
EARTHWORK CDD N/A N/A
SURFACE WATER MANAGEMENT CDD CDD CDD
LANDSCAPING CDD CDD CDD
*Seacoast =Seacoast Utilities
The petitioner has estimated the costs for providing the capital facilities outlined
• in Table 1: The cost estimates are shown in Table 2 below. Total costs for those
facilities, which may be provided, are estimated to be approximately $3,906,800.
The District may issue special assessment bonds to fund the costs of these
facilities. These bonds would be repaid through non ad valorem special
assessments levied on all properties in the District.
Table 2
SB Community Development District
Cost Estimate for District Facilities
Cate o Cost Estimate
LAND ACQUISITION $ 1,306,800
EARTHWORK $ 1,000,000
SURFACE WATER MANAGEMENT $ 600,000
LANDSCAPING $ 1,000,000
TOTAL COSTS $ 3,906,800
• Prospective future landowners in the District may be required to pay non-ad
valorem assessments levied by the District to secure the debt incurred through
Peti�iun-[shihit 6
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• bond issuance. In addition to the levy of non ad valorem special assessments by
various names for debt service, the District may also impose a non-ad valorem
assessment to fund the operations and maintenance of the District and its facilities
and services.
Furthermore, locating in the District by new property owners is completely
voluntary. So, ultimately, all owners and users of the affected property choose to
accept the non ad valorem special assessments by various names and user fees as
a tradeoff for the benefits and facilities that the District provides. A Community
Development District ("CDD") provides property owners with the option of
having higher levels of facilities and services financed through self-imposed
revenue. The District is an alternative means to manage necessary development
services with related financing powers. District management is no more
expensive, and often less expensive, than the alternatives of a municipal service
taxing unit (MSTU), a property association, City provision, or through developer
equity and/or bank loans.
In considering these costs it shall be noted that owners of the lands to be included
within the District will receive three major classes of benefits.
First, landowners in the District will receive a higher long-term sustained level of
public services and amenities sooner than would otherwise be the case.
• Second, a CDD is a mechanism for assuring that the community services and
amenities will be completed concurrently with development of lands within the
District. This satisfies the revised growth management legislation, and it assures
that growth pays for itself without undue burden on other consumers.
Establishment of the District will ensure that these landowners pay for the
provision of facilities, services and improvements to these lands.
u
Third, a CDD is the sole form of governance which allows District landowners,
through landowner voting, to determine the type, quality and expense of District
services they receive, provided they meet the City's overall requirements.
The cost impact on the ultimate landowners in the District is not the total cost for
the District to provide infrastructure services and facilities. Instead, it is the
incremental costs above what the landowners would have paid to install
infrastructure via an alternative management mechanism. Given the low cost of
capital for a CDD, the cost impact to landowners is negligible. This incremental
cost of the high quality infrastructure provided by the District is likely to be fairly
low.
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Table 3
SB Community Development District
Estimated Construction Timetable For District Facilities
Im rovement Com letion Date
LAND ACQUISITION NA
EARTHWORK DECEMBER 2008
SURFACE WATER MANAGEMENT DECEMBER 2008
LANDSCAPING DECEMBER 2008
5.0 An analysis of the impact on small businesses as defined by Section 288.703,
F.S., and an analysis of the impact on small counties and small cities as
defined by Section 120.52, F.S.
There will be no impact on small businesses because of the establishment of the
District. Palm Beach Gardens has an estimated population in 2006 that is greater
than 10,000; therefore the City is not defined as a"small " Ciry according to
Section 120.52, F.S, and there will accordingly be no impact on a small City
• because of the formation of the District.
6.0 Any additional useful information.
The analysis provided above is based on a straightforward application of
economic theory, especially as it relates to tracking the incidence of regulatory
costs and benefits. Inputs were received from the Petitioner's Engineer and other
professionals associated with the Petitioner.
************
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Peution-Fxhihit (
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REPORT
APPENDIX A
LIST OF REPORTING REQUIREMENTS
FL. STATUTE DUE DATE
CITATION
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Annual Financial Audit 11.45 within 45 days of audit completion, but
no later than 12 months after end of
fiscal year
Annual Financial Report 218.32 within 45 days of financial audit
completion, but no later than 12
months after end of fiscal year; if no
audit required, by 4/30
TRIM Compliance Report
Form 1: Statement of Financial
•
Public Facilities Report
Public Meetings Schedule
Bond Report
Registered Agent
Proposed Budget
Public Depositor Report
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2005.068 no later than 30 days following the
adoption of the property tax levy
ordinance/resolution (if levying
property taxes)
112.3145 within 30 days of accepting interest the
appointment, then every year thereafter
by 7/1 (by "local officers" appointed to
special district's board); during the
qualifying period, then every year
thereafter by 7/1 (by "local officers"
elected to special district's board)
189.415 within one year of special district's
creation; then annual notice of any
changes; and updated report every 5
years, 12 months prior to submission
of local government's evaluation and
appraisal report
189.417 quarterly, semiannually, or annually
218.38 when issued
189.416
189.418
280.17
within 30 days after first meeting of
governing board
prior to end of current fiscal year
annually by 11/30
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• EXHIBIT 7
DISTRICT BOUNDARY MAP
SB COMMUNITY DEVELOPMENT DISTRICT
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F,xhibit 7
NOTICE OF PUBLIC HEARING CONCERNING THE ESTABLISHMENT
OF THE PARCEL 5B COMMUNITY DEVELOPMENT DISTRICT IN PALM
BEACH GARDENS, FLORIDA BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS.
Notice is hereby given that on January 17, 2008, at 7:00 p.m., or soon thereafter, the
City Council of the City of Palm Beach Gardens (the "Council"), wilf consider an
ordinance entitled:
ORDINANCE 2, 2008
AN ORDINANCE OF THE CITY COUNCIL �F THE CITY OF PALM
BEACH GARDENS, FLORIDA ESTABLISHING THE PARCEL 5B
COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO THE
PROVISIONS OF SECTION 190.005, FLORIDA STATUTES;
DESIGNATING THE POWERS OF THE DISTRICT; AND PROVIDING
AN EFFECTIVE DATE.
at a public hearing to be held at:
City Hall
10500 North Military Trail
Palm Beach Gardens, Florida 33410
to inform the public about the elements of the petition to form a community deveiopment
district in Palm Beach Gardens, Florida. The information presented at this hearing will
be used by the Council in granting or denying the petition (as set forth in Section
190.005(2), Florida Statutes ("F.S.")), and also to afford the petitioner, affected units of
local govemment, and the general public a fair and adequate opportunity to appear at
the hearing and present oral and written comments (submitted to the Council at or
before the public hearing) relevant to the creation of the Parcel 56 Community
Development District {the "CDD"). The proposed CDD is located on approximately 30
acres of land located east of RCA Boulevard, south of PGA Boulevard, and west of
Alternate A1A, as indicated on the map below.
If adopted the ordinance would create a community development district and designate
the land area served. The creation of such a district pursuant to Chapter 190, F.S., is
not a land development authorization or approval. All planning, permitting and other
regulatory requirements pertaining to development within the land area shall be adhered
to pursuant to general or special law or applicable local ordinance.
The CDD is designed to serve the needs of its property owners by financing,
constructing, operating, and maintaining a portion of the infrastructure and community
facilities needed by district property owners, including the surface water management
and control system, water distribution system and wastewater collection and
transmission facilities, affsite roadway improvements, earthwork, land acquisition, and
offsite landscaping. The CDD will make use of non-ad valorem assessments levied on
all property owners in the district.
The specific legal authority for this action is Sections 190.004 and 190.005, F. S.
For further information, contact Ms. Kara Irwin, Director of Growth Management, 10500
North Military Trail, Palm Beach Gardens, Florida, 33410 at (561) 799-4243. Affected
units of genera-purpose focal government and the general public shall be given an
opportunity to appear at the hearing and present oral or written comments on the
petition.
Should any person decide to appeal any decision made by the City Council with respect
to any matter considered at this public hearing, such interested persons witl 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).
This notice is published pursuant to the requirements of Chapter 190.005(1)(d), Florida
Statutes.
By: PGA North II of Florida, LLC
Patricia Snider, City Clerk, CMC
Publication Dates: Friday, December 21, 2007
Friday, December 28, 2007
Friday, January 4, 2008
Friday, January 11, 2008
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Benefits to the City of Pnlrrr Bec�ch Gc�rdens
Benefits io Lc�nd Buyers
Legislative Intent — Chnpter 190, F.S.
Legislative Intent — Chapter 189, F.S.
Minimum Disclosure Re�uirement
Tab VI April 12, 2006 Miami-Dade County Study of Community
Development Districts
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BENEFITS TO THE CITY OF PALM BEACH GARDENS
BY THE FORMATION OF
COMMUNITY DEVELOPMENT DISTRICTS
First, the primary areas that flood during storm events are in developments
where privately owned drainage systems are under the jurisdiction of
property owners associations. Maintenance of the drainage system is often
included in the contract of a management company that has the primary
objective of addressing the aesthetics of the development and has little
knowledge or expertise in storm water management. In many
developments where the drainage systems have been deeded to the
property owners associations, there is no management company and the
responsibility of maintenance of the drainage system is vested in a board of
directors made up of land owners in the development. In this case, it is
highly unlikely that the residents have any knowledge whatsoever of storm
water management. Further, research indicates that property owners
associations are primarily focused on aesthetic issues (i.e. landscape
maintenance, architectural review, violations of property owners
documents, etc.) and the only concern for the drainage system will often
develop only after the damage has been done.
The dedication of storm water management systems to community
development districts is a perfect alternative to this dilemma. First, it is a
governmental entity that has the authority to levy assessments against
those who benefit from the services it provides. This assures access to
maintenance funds. Second, the Florida Statutes (Chapter 190) that allows
for the creation of community development districts mandates the
engagement of a professional district manager who, according the Chapter
190, "shall have charge and supervision of the works of the district and
shall be responsible for preserving and maintaining any improvement or
facility...." of the district. While this does not guarantee that CDD-owned
storm water management systems operate properly, it certainly provides a
strong foundation for proper management.
To further support the creation of community development districts,
Chapter 189.415(2), Florida Statutes that requires all special districts
(including any community development districts within the incorporated
area of the City) to prepare and file a public facilities report with the City. A
public facilities report must provide, among other things, a description of
the public facilities owned or operated by the CDD. This report is to be
updated every five years and annual notices of changes are required. The
five year updates are due within twelve months of the due
Benefits to the City of Palm Beach Gardens
Page 2 of 2
date of the City's evaluation and appraisal report and may be used and
relied upon by the City in the preparation and revisions of the City's
Comprehensive Plan. There is no such requirement for property
owners associations.
Also in support of community development districts is the fact that CDDs
are eligible to participate in the State of Florida Mutual Aid Program.
This program (provided by the State Department of Community Affairs)
provides the opportunity for local governments (including community
development districts) to enter into mutual aid agreements with the State of
Florida for mutual assistance during emergencies. Under this program, a
CDD may request assistance from any participating agency (including the
State of Florida) when a major catastrophic event occurs. Most major
disasters that occur in this area overwhelm the storm water management
systems that are not designed to deal with such events; therefore, these
mutual aid agreements allow state and local governments to respond as a
team to deal with the situation. This program is not available to private
property owners associations.
***************
BENEFITS TO LAND BUYERS
BY THE FORMATION OF A
COMMUNITY DEVELOPMENT DISTRICT
First, most developers begin their due diligence of a project by examining
its financial potential. If a CDD is contemplated, the developer factors the
amount of the CDD financing into the bottom line to establish the project's
profit margin. If the CDD is not created and the financing does not occur,
the developer will need to re-evaluate the financial plan and most likely
adjust the price of the property upward. A CDD offers the developer the
opportunity to be more competitive in the marketplace by providing either a
lower product or a comparably priced product with more amenities than
would be feasible without a CDD.
A second benefit has to do with the land buyer's ability to qualify for a
mortgage. If a CDD is created and the public infrastructure is financed
through CDD tax exempt financing, the land buyer does not have to qualify
for the cost of the CDD-financed public infrastructure. This is because the
CDD-financed amount is not included in the private mortgaged amount;
rather, it is included in the estimated amount of the taxes that the land
buyer will be expected to pay annually.
A third benefit to a land buyer is that most, if not all CDDs structure the
financing so that a land buyer can pay off the CDD debt at any time.
However, it probably is not advantageous for a land buyer do so because
the CDD debt runs with the land, so when a land buyer sells the property,
there is no requirement to pay of the CDD debt. Therefore, the land buyer
only pays for that portion of the public infrastructure while they own the
property. Without a CDD, the total cost of the public infrastructure would
be included in the price of the property.
A fourth benefit to a land buyer is the fact that tax exempt financing costs
are lower than the costs of conventional financing. Even though in today's
market the differential is not as great as it has been, during the life of the
CDD debt, and as interest rates go up, this differential could be substantial.
The CDD's annual debt service payments are fixed at closing and remain
the same throughout the life of the bond issue. Incidentally, CDDs are
the only governmental entities that are required by law to disclose
their special assessments to prospective land buyers in advance, and
Benefits to Land Buyers
Page 2 of 2
CDDs are able to disclose exactly the annual amount of special
assessments that will be levied against a property. This disclosure
provides a prospective land buyer with the opportunity to choose, or not to
choose, to buy into a development that is within a community development
district. The specific quotation from Chapter 190.048 of the Florida
Statutes reads as follows:
"190.048 Sale of real estate within a district; required disclosure to
purchaser.--Subsequent to the estabiishment of a district under this
chapter, each contract for the initial sale of a parcel of real property and
each contract for the initial sale of a residential unit within the district shall
include, immediately prior to the space reserved in the contract for the
signature of the purchaser, the following disclosure statement in boldfaced
and conspicuous type which is larger than the type in the remaining text of
the contract: "THE (Name of District� COMMUNITY DEVELOPMENT
DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR
BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE
TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION,
AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND
SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE
GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND
ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL
GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER
TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."
**���*��****�*
Florida Statutes Chapter 190
190.002 Legislative findings, policies, and intent.--
(1) The Legislature finds that:
(a} There is a need for uniform, focused, and fair procedures in state law to provide a reasonable
alternative for the establishment, power, operation, and duration of independent districts to manage and
finance basic community development services; and that, based upon a proper and fair determination of
applicable facts, an independent district can constitute a timely, efficient, effective, responsive, and
economic way to deliver these basic services, thereby providing a solution to the state's planning,
management, and financing needs for delivery of capital infrastructure in order to service projected
growth without overburdening other governments and their taxpayers.
(b) It is in the public interest that any independent special district created pursuant to state !aw not
outlive its usefulness and that the operation of such a district and the exercise by the district of its powers
be consistent with applicable due process, disciosure, accountability, ethics, and government-in-the-
sunshine requirements which apply both to governmental entities and to their eletted and appointed
officials.
(c) It is in the public interest that long-range planning, management, and financing and long-term
maintenance, upkeep, and operation of basic services for community development districts be under one
coordinated entity.
(2) It is the policy of this state:
(a) That the needless and indiscriminate proliferation, duplication, and fragmentation of locat general-
purpose government services by independent districts is not in the public interest.
(b) That independent districts are a legitimate afternative method available for use by the private and
public sectors, as authorized by state law, to manage and finance basic services for community
developments.
(c) That the exercise by any independent district of its powers as set forth by uniform general law comply
with all applicable governmental laws, rules, regulations, and policies governing planning and permitting
of the development to be serviced by the district, to ensure that neither the establishment nor operation
of such district is a development order under chapter 380 and that the district so established does not
have any zoning or permitting powers governing development.
(d) That the process of establishing such a district pursuant to uniform general law be fair and based only
on factors material to managing and financing the service delivery function of the district, so that any
matter concerning permitting or planning of the development is not material or relevant.
(3) It is the legislative intent and purpose, based upon, and consistent with, its findings of fact and
declarations of policy, to authorize a uniform procedure by general law to establish an independent
special district as an alternative method to manage and finance basic services for community
development. It is further the legislative intent and purpose to provide by general law for the uniform
operation, exercise of power, and procedure for termination of any such independent district. It is further
the purpose and intent of the Legislature that a district created under this chapter not have or exercise
any zoning or development permitting power, that the establishment of the independent community
development district as provided in this act not be a development order within the meaning of chapter
380, and that all applicable planning and permitting laws, rules, reguiations, and policies control the
development of the land to be serviced by the dtistrict. It is further the purpose and intent of the
Legislature that no debt or obligation of a district constitute a burden on any local general-purpose
government without its consent.
Florida Statutes Chapter 189
189.402 Statement of legislative purpose and intent.•-
(1) It is the intent of the Legislature through the adoption of this chapter to provide general provisions for
the definition, creation, and operation of special districts. it is the specific intent of the Legistature that
dependent special districts shall be created at the prerogative of the counties and municipalities and that
independent special districts shall only be created by legislative authorization as provided herein.
(2} It is the intent of the Legislature through the adoption of this chapter to have one centralized location
for all legislation �overning speciai districts and to:
(a) Improve the enforcement of statutes currently in place that help ensure the accountabitity of special
districts to state and locat governments.
(b) Improve communication and coordination between state agencies with respect to required special
district reporting and state monitoring.
{c} {mprove communica[ion and coordination between special districts and other local entities with
respect to ad valorem taxation, non-ad valorem assessment collection, special district elections, and loca!
government cornprehensive planning.
(d) Move toward greater uniformity in special district elections and non-ad valorem assessment coilection
procedures at the tocal tevel without hampering the efficiency and effectiveness of the current
procedures.
(e) Clarify special district definitions and creation methods in order to ensure consistent application of
those definitions and creation methods across all levels of government.
(f) Specify in general law the essential components of any new type of special district.
(g) Specify in general law the essential components of a charter for a new special district.
(h) Encourage the creation of municipal service taxing units and municipal service benefit units for
providing municipal services in unincorporated areas of each county.
(3) 7he Legislature finds that:
(a) There is a need for uniform, focused, and fair procedures in state !aw to provide a reasonable
alternative for the estabtishment, powers, operation, and duration of independent special districts to
manage and finance basic capital infrastructure, facilities, and services; and that, based upon a proper
and fair deterrrzination of applicable facts, an independent special district can constitute a timely,
efficient, effective, responsive, and economic way to deliver these basic services, thereby providing a
means of solving the state's planning, management, and financing needs for delivery of capital
infrastructure, facilities, and services in order to provide for projected growth without overburdening
o[her governments and their taxpayers.
(b) It is in the public interest that any independent special district created pursuant to state law not
outlive its usefulness and that the operation of such a district and the exercise by the district of its powers
be consistent with appticable due process, disclosure, accountability, ethics, and government-in-the-
sunshine requirements which apply both to governmental entities and to their elected and appointed
officials.
(c) It is in the public interest that long-range ptanning, management, and financing and long-term
maintenance, upkeep, and operation of basic services by independent special districts be uniform.
(4} It is the policy of this state:
(a) That independent special districts are a legitimate alternative method available for use by the private
and public sectors, as authorfzed by state law, to manage, own, operace, construct, and finance basic
capital infrastructure, facilities, and services.
(b) That the exercise by any independent special district of its powers, as 5et forth by uniform general
law comply with all applicable governmental comprehensive planning laws, rules, and regulations.
(5) It is the Iegislative intent and purpose, based upon, and consistent with, its findings of fact and
deciarations of policy, to authorize a uniform procedure by general law to create an independent special
district as an alternative method to manage and finance basic capital infrastructure, facilities, and
services. It is further the legislative intent and purpose co provide by general law for the uniform
operation, exercise of power, and procedure for termination of any such independent special district.
(6) The Legislature finds that special districts 5erve a necessary and useful function by providing services
to residencs and property in the state. The Legislature finds further that special districts operate to serve
a public purpose and that this is best secured by certain minimum standards of accountability designed to
inform the public and appropriate general-purpose local governments of the status and activities of special
districts. It is the intent of the Legislature that this public trust be secured by requiring each independent
special district in the state to register and report its financial and other activities. The Legislature further
finds that failure of an independent special district to comp(y with the minimum disclosure requirements
set forth in this chapter may result in action against officers of such district board.
(7) Realizing that special districts are c�eaced to serve special purposes, the Legislature intends th�ough
the adoption of this chapter that special districts cooperate and coordinate their activities with the units
of general•purpose local government in which they are located. The reporting requirements set forth in
this chapter shall be the minimum level of cooperation necessary to provide services to the citizens of this
state in an efficient and equitable fashion.
(8) The Legislature finds and declares that:
(a) Growth and development issues transcend the boundaries and respansibilities of individual units of
government, and often no single unit of government can plan or implement policies to deal with these
issues without affecting other units of government.
(b) 7he provisian of capi[al infrastructure, fatilities, and services fo� the preservation and enhancement
of the quality of life of the people of this state may require the creation of multicounty and
multijurisdictional disiricts.
Minimum Disclosure Requirements
190.048 Sale of real estate within a district; required disclosure to purchaser.--
Subsequent to the estabtishment of a district under this chapter, each cantract for the
initial sale of a parcel of real property and each contract for the initial sale of a residential
unit within the district shall include, immediately prior to the space reserved in the
contract for the signature of the purchaser, the foilowing disclosure statement in
boldfaced and conspicuous type which is larger than the type in the remaining text of the
contract: "THE �Name of District) COMMUNITY DEVELOPMENT DISTRICT
MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND
ASSESSMENTS, ON THIS PItOPERTY. THESE TAXES AND ASSESSMENTS
PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF
CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND
ARE SE1' ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT.
THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND
OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL
OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."
Date:
ro:
From:
MIAME
Memorandum �m
April 12, 2006
Honorabie Chairman Bruno A. Barreiro
and Members, Internal Management and Fiscal
Responsibility
George M. Burg
County Mana
Subject: Cammunity Development Districts {CDD) Report
IMFR
Agenda Item No. 7C
At the February 16, 2006, fnternal Management and Fiscai Responsibility (IMFR) committee meeting,
Commissioner Moss requested a report concerning the impact of Community Development Districts (COD)
on affordabie housing and developable land. Previously, Commissioner Jordan requested that a workshop
be conducted regarding CDD's; however, after speaking to the Cammissioner's Office, it was decided that
a report would be sufficient. Recently, you requested an analysis on how CDD's are processed in Broward
County and how CDD's affect meclian housing costs in Broward County cornpared to Miarni-Dade County.
The Public Works Department (PWD) worked in conjunction with Professor Sukumar Ganapati from Florida
lnternational University (FIU) in developing this report.
The attached report provides information regarding the purpose for the creation of CDD's, growth trends
and the impact of CDD's on hausing, land development, sales, etc. By way of background, the first CDD
created on March 27, 1998, was Beacon Tradeport, a commercial development. The first residential CDD
in the County was Century Parc, a multi-family development located near Flagler Street and NW 87th
Avenue, created on June 5, 2001. Currently, there are 41 CDD's in Miami-Dade County; three (3) are
cornmercial, nine (9) are single-family, 12 are multifamily and 17 are mixed single and multifarnily. The
residential developments comprise approximately 10,257 single-family homes and 20,597
townhouselcondominium units, with an additional 700 rental apa�tment units.
The creation of CDD's in the County continues to grow. Between 2003 and 2005, thirty (30) residential and
two (2) commercial CDD's have been created. Thus far in 2006, one (1) CDD has been created. Currently,
PWD has seven (7) new CDD applications and one (1) request to amend an existing COd waiting to be
p�ocessed. As a result of the Board's action on February 21, 2006, all applications are cu�rently on hold.
At the February 21, 2006, Board of County Commissioners {Board) meeting, the Board requested specific
information concerning the administrative and maintenance assessments that can be imposed by a CDD
Board of Directors. The current average annual assessments, including debt service, for residentiaf
properties in the County range from $981 to $1,437 for townhouse/condominium units and $1,165 to
$1,322, for a single family home. These assessments are, in most cases, collected through the combined
tax bill through an interlocal agreement with the tax collector and the CDD Board and as such, are subject
to lien and tax collection methods in the same manner as ad vaforem taxes.
f
�
Honorable Chairman Bruno A. Barrerio
and Members, Internal Management and Fiscal Responsibility
Page 2
As it pertains to the specific impacts of CDD's on affordable housing, developable land and the creation
process in, and impact of, CDD's on Broward County's median housing prices compared to Miami-Dade,
please be advised as follows:
PWD analyzed the 2005 median purchase price of 10 CDD's and the results are as follows: in
three (3) of the CDD's, the price is g�eater by an average of $21,498 and in five (5) other CDD's,
it is lower by an average of $33,124, when compared to non-CDD deveiopments. Two (2) other
CDD's analyzed, Century Parc at $4,000 lower, and Pentathlon, at $134,460 higher, were
excluded from the average as they would skew the averages. Only Century Parc and South
Dade Venture are Iower than the $225,OOQ workforce housing figure provided by the Dade
County's Housing Agency. New housing prices in Miami-Dade County, COD or non-CDD, do
not fali within the definition of affordable housing as defined by the Department of Planning and
Zoning at 21/2 times the median income for a family of four (4}, or $115,875. Please note that
this research is unrefined, since factors such as upgrades and additional amenities (i.e.
swimming pools) could increase the sale price of similar housing units as much as $30,000 to
$50, 000.
The impact of further CDD cteation on the remaining developable land in the County will be
substantial if current trends continue. Approximately 47% of vacant land developed from 1998
through 2005 has been through the creation of CDD's. Publicly held developable vacant land
has increased from 7.1 %(2,717 acres) in 1998, to 12.5% (3,205 acres) in 2005, a 5.4%
increase in public consumption of available vacant land. {f these trends continue, CDD
developments wi{I constitute a greater share of the developed land in the future.
Miami-Dade County governance structure is unique due to our Home Rule Charter; as such,
only the Miami-Dade County Board of County Commission (BCC) may create a CDD. In
Broward County, CDD's are created by the various municipalities. ln both Counties, CDD
petitions are submitted pursuant to F.S. Chapter 190 and must contain information required by
this statute. Restrictions may be imposed prior to CDD creation by the enabling body. !n
Miami-Dade, we have stringent public noticing and assessment disclosure requirements,
Broward does not. In all cases, once a CDD is created, it is legally an independent special
district in which the creating body has limited controi, except for those regarding permitting and
zoning regulations, among others.
Public Works and Property Appraiser staff contacted Broward County officials and requested information
concerning the median-price of CDD housing compared to non-CDD housing. They have not yet obtained
this information; therefore, it will be provided at a later date, if available, once it is received.
Finally, I wish to state that CDD's achieve the goals and intent of F.S. Chapter 190. That intent is clearly
defined in 190.002(a), which stipulates that there is a need for "the establishment, power, operation, and
duration of independent clistricts to manage and finance basic community development services" and that
CDD's can thereby provide "a solution to the state's planning, management, and financing needs for
delivery of capital infrastructure in order to service projected growth without overburdening other
govemm nd their taxpayers."
3�/�
Ass' nt unty Manager ate
�
1MPACT OF COMMUNITYDEVELOPMEAIT DISTRICTS
!N M/AMI-DADE COUNTY, FLORlDA
Submitted By The
Public Works Department
March 2006
The information contained in this report has been developed and compiled by the
Miami-Dade County Public Works Department in conjunction with faculty of
Florida International University, Broward County Government Officials and the
following Miami-Dade County Departments:
• Property Appraisal
• Planning and Zoning
• Miami-Dade Housing Agency
In addition, the follawing consulting firms contributed to the report:
• Wrathell, Hart, Hunt and Associates, LLC
• Hopping Green Sams 8� Smith, P.A.
. District Services, Inc.
• Billing, Cochran, Heath, Lyles, Mauro, and Anderson, P.A.
,.7
�
INTRODUCTION TO COMMUN/TYDEVELOPMENT D/S7R/CTS (CDD)
Cammunity Development Districts (COD) in Miami-Dade County (County) are forms of
local government created by the Miami-Dade County Board of County Commissioners
(BCC} pursuant to Articie VIII, Section 6 of the amendment to Flo�ida's Constitution, and
pursuant to the County's Home Rule Charter, to provide a specific service or services to
a defined area. The size of the CDD must be less than 1,OQ0 acres.
CDD's are special-purpose governments, given that the law authorizes a District to
provide only those services that are specifically defined in their enabling legislation. The
required content of CDD petitions are specified by F.S. 190.005 and include good faith
construction and financing cost estimates, real property legal description of boundary,
maps a�d locations of existing infrastructure and the names of the appointed five-
member CDD 8oard, among other requirements. The exclusive charter for a CDD shall
be the uniform CDD dist�ict charter set forth in F.S. 190.06-190.041, including the
special powers provided by 190.012.
The initiaf purpose for the creation of CDD's was to provide the private and public
sectors an alternative methodology to manage and finance basic community services as
Florida's population expanded through the early 1970's. The State addressed growth
issues in 1975 wiih the New Commurtities Act, codified as Chapter 163, Part IV, Florida
Statutes. 7his act created the first independent speciaf districts for community
developments until it was replaced by the Uniform Community Development Act of 1980,
codified as Chapter 190, Florida Statutes, which now govern CDD's throughout the State
of Florida. The act defined the need for uniform, focused and fair procedures in state
law for a reasonable altemative to iocal general-purpose government for the
establishment, power, operation and duration of independent districts to manage and
finance basic community development services.
The intent of the legislation was to establish a growth management tool, which ensured
that growth "paid" for growth and provided an incentive for planned community
developments. F.S. Chapter 190 dictates the general and special powers availab(e to
CDD's and the establishing entity can reserve the right to grant or restrict any af the
speciai powers. Furthermore, CDD's provide a solution to the State's planning,
management and financing needs for delivery of capital infrastructure in order to service
projected growth, without overburdening other governments and their taxpayers.
Currently, there are more than 380 CDD's located throughout the State of Fforida,
including 41 in Miami-Dade County.
CDD's frequently complement and/or substitute the service delivery capabilities of
general-purpose governments in new developments. CDD's may finance, fund, plan,
establish, acquire, construct or reconstruct, enfarge or extend, equip, operate and
maintain the following basic infrastructure;
• Water Management & Conirol
• Water Supply
• Sewer � Wastewater Management (reclamation and reuse)
• Bridges & Culverts
• Roads & Street Lights
� C��
/
i Public Transportation Facilities 8 Equipment
♦ Parking lmprovements & Related Signage
• Conseroation 8� Mitigation Areas
� Wildlife Habitats
� Other Improvements as Permitted by the Creating Body
After obtaining approval from a general-purpose local government with jurisdiction over
the area, the District may provide the following additional functions:
• Parks and Recreational Facilities
• Cultura! Facilities
• Educational Facilities
• �ire Prevention 8� Control
• School Buiidings & Related Structures
� Security
• Mosquito Control
� Waste Coilection & Disposal.
INTENDED BENEFITS OF CDD'S
CDD's and general-purpose local governments, such as Counties and Cities have
compatible interests. CDD's are intended to supplement Counties and Cities in areas
where the primary govemments cannot, or will not, provide infrastructure and services to
a particular area. A CDD's authority may be restricted by ihe creating entity prior #o
creation. Once created, however, general-purpose local government may not impose
restrictions. The County Commission currently restricts water-use and sewage rights,
along with noticing requirements at point of sale, and dictates the creation of a dormant
multipurpase maintenance special taxing district, available to perform maintenance
services in the event of a CDD's failure. The City of Doral and the City of Miami
Gardens both further restrict CDD's by reserving ihe right to seat two (2) of the initial
five-member CDD 8oard for those Districts requiring their approval.
l.ocal government CDD benefits include:
• Districts allow local governments to concentrate on providing infrastructure and
services to their existing residents, thereby preventing the dilution of scarce
resources. Districts release genera!-purpose local government cash flow for
other purposes. No additional capital or maintenance costs are bome by existing
citizens according to the "growth pays for growth" policy of the State by using
CDD's.
• Increased taxable values due to the development and improvement of CDD
lands benefit all constituents of general-purp�se local government. New
landowners/residents pay taxes, fees, charges, etc., which affset the financial
burden on existing residents of local government.
• Districts frequently assume responsibility for protecting conservation areas;
provide onsite recreation and maintenance levels matched to property owner
standards artd willingness to pay.
� Provide the County with a single, public entity responsible in perpetuity for the
capital, operations and maintenance within #he area of a District. A CDD
,/`' r�
)
consolidates the delivery of community infrastructure and services under a singie
entity and simplifies interaction between local g�vernment and the District.
• District borrowing and debt levels do not count against iocal govemment's
millage caps, nor can the debt or obfigation of a CDD constitute a burden on the
County/City. Hawever, in terms of the overafl creditworthiness of the County,
CDD debt service wilf likely have a negative impact long-term as it absorbs
available bond credit.
• All CDD busi�ess is conducted "in the sunshine" and a statutory formula moves
CDD governance from landowner to resident control.
. Local govemment's costs pertaining ta the District establishment are offset by a
$15,Q00 filing fee for each petition. There is a minimal annual cost related to the
receipt of documents that CDD's are required ta submit to the proper jurisdiction.
The Public Works Departments' 5pecial Taxing District Division maintains these
records.
. The County Tax Collector, through an Interlocal Agreement, may collect District
assessments far the CDO with the costs of co!lectian defrayed through fees
charged to the Districts.
• CDD's are not exempt from zoning, land use, planning and permitting rules and
poiicies and County provisivn of police and fire emergency services.
landowner and resident CDD benefits include:
• Created as governmental agencies — Districts are govemmental agencies with al!
benefits of a pubiic entity.
• Operate not-for-profit -- Districts provide services to landowners/residents at their
own cost.
• Accountable to residents -- Districts are accountable to landowners/residents as
their boards are initially elected by the landowners and evEntually elected by the
qualified electors of the District. They operate in the open according to the
Sunshine and Public Records Law.
• Protect residents from faiture by the developer -- Districts provide infrastructure
and community services even if the devefoper fails.
• Protect residents who pay from those that do not -- with foreclosure powers for
nonpayment of assessments, residents/fandowners wha do not pay do not
negatively impact thase who do.
• Ensure that residents only pay for the amount of benefit they receive for as lang
as they receive it -- residents/landowners pay only for the infrastructure and
services that they receive within the District during the time they own a property
within the CDD.
• Provide for operation and maintenance functions on an indefinite basis -- the
District operates as long as there is a need for its services and
residents/landowners are wiHing to fund it.
. Provide for an orderly transition after the developer vacates -- as the District
constructs, operates and maintains community infrast�ucture, there are no
problems with a transition after the developer leaves.
• Offer amenities and benefits not usually found in typical developments -- Districts
can afford to provide amer�ities and services that would be prohibitive for a
developer of a conventional community, such as a golf course built and operated
by the CDD.
�/_
. l�
• Provide a cost-effective mechanism to provide cornmunity and subdivision-level
infrastructure -- low-cost financing and the ability to finance over the long-term
provide for affordable and high-quality improvements on a Districtwide basis, as
well as a# the subdivision level.
• Long-term District financing matches the useful life of infrastructure assets -- by
utilizing 20 and 30-year financing, the District can spread the cost of
improvements over a longer period than that provided with conventional
financing, minimizing annuaf landowner/resident payments.
• Provide permanent organizational and financing stnaeture for continual operation
and maintenance of District facilities and improvements as well as the eventuaf
replacement/renewal of infrastructure as needed.
• CDD's operating as govemmental entities can provide a higher and more
consistent level of service than homeowners' associations.
• Districts employ professional managers and engineers who are in charge of
infrastructure provision, operation, upkeep and eventual replacement.
• As governmental entities, CDD's are eligibfe to participate in the State of Florida
Mutual Aid Program and upon the execution of a proper lnterlocal Agreement,
may request emergency aid from other governments.
• Public infrastructure costs of Districts a�e purportedly not included in the initial
purchase prfce, but rather spread over the Ufe of the bonds, thereby lowering the
amount of the mortgage a prospective resident may need to qualify fo�.
. Creation of a CDD does not preclude the formation of a Homeowners
Association (HOA). An HOA is compatible with a CDD because it cannot issue
bonds for major improvernents, but can often provide maintenance af c�mmon
areas better than the CDD, as well as enforce uniform property maintenance and
appea�ances.
Developer CDD benefits include:
• Funding community improvements -- a developer does not have to use its own or
borrowed funds to build infrastructure. Financial resources can then be
dedicated to actuaf unit construction and safes efforts.
� The flexibility of using iong-term and/or short term financing -- the developer can
use any combination of long and short-term indebtedness to structure
assessments according to specific market conditions. AUow for flexibility in
project staging -- financing can be issued in muftiple series to coincide with
stages of construction.
• Provide tax-exempt, low cost financing -- as a government entity, the District can
issue tax-exempt bonds which result in lower iinancing costs than conventional
financing mechanisms.
• Are easily marketable to the investor community -- investors regard district bonds
as attractive alternatives in the govemment indebtedness market, resulting in
reasonably high demand for and low interest rates on the district bonds.
• Infrastructure costs are passed on to the landowner as assessments -- the
developer does not have to include its significant infrastructure costs in the price
of improved fots resulting in significant marketing advantages.
• Constitufe contingent liability fo� the developer -- special assessments are
reported on the Developer balance sheet as contingent liability.
•"Growth pays for growth" -- additional infrastructure required by new growth is
paid for entirely by the new growth and nat existing residents and/or landowners.
�,
• Relieves the developer from most aspects of landowner relations -- the District
constructs and operates infrastructure and provides customer service functions.
• Provides for the operation and maintenance functions on an indefinite basis -- the
develeper does not have to be concemed with the operation and maintenance of
infrastructure after it has been turned over to the District. Residenls can be
assured of sufficient services after the developer vacates as the Distnct will
remain.
• Districts can acquire infrastructure from the Developer -- infrastructure can be
constructed by the developer and subsequently acquired by the District even if it
was constructed prior to the creation of the District.
. Developer maintains control through the Board of Supervisors -- the
developer/initial landowner can control actions of the District by having its
representatives appointed to the Board of Directors for a six-year terrn or until
250 electors live there.
PERCEIVED NEGATIVE CHARACTEREST/CS OF CDD'S
• General-purpose local government is ceding certain authority to CDD's.
• CDD bond issues may i�rtpact perceptions of bond raters in terms of overall debt.
s Burdening of CDD homeowners with long-term infrastructure debt.
• Initial control of CDD Board by developers' appointees may lead to financia!
abuse. Future residents must live with financial decisions made by developers'
Boarcl.
• The housing purchase price does not reflect develaper savings for cost of
infrastructure.
• Residents feel misinformed as to the nature and authority of CDD communities.
IMPACT OF COD'S ON COUNTY RESIDENTlAL LAND DEVFLOPMENT
There are currently 38 residential and three (3) commercial CDD's in the County
(Exhibits A and A1). Thirty-seven residential CDD's, less one c�eated in 2006, cover
approximately 4,427 acres, or 47% of the 9,473 former}y vacant residential acres
developed since 1998. It is interesting to note that the amount of publicly held
developable vacant land has increased from 7.1% (2,797 acres) in 1998, to 12,5°10
(3,205 acres) in 2005 (Exhibits B and 81). If these development trends continue, CDD's
will constitute a larger share of the remaining available land in the future. CDD's per
Commission Districts are shown an Exhibit C.
The number of housing units provided, or proposed, by CDD's in tha County are 10,257
single-family homes, 20,597 Townhomes and 700 rental apartments (Exhibit D). The
number �f housing units provided by non-CDD developments in the County since 1998
is approximately 68,682 units. CDD's represent approximately 45% of the total non-
rental housing provided or proposed since 1998. Information on the total number of
rental uni#s is unavailabfe at this time.
We have taken a sampling of 10 CDD's that are at, ar near build-out, and compared
them to similar non-CDD developments in the same geographical area of the County.
Developments were segregated and compared by the year they were sold given that
.
I
prices in a subdivision typically increase as the development nears build-out. It must be
noted that a comparison performed on lot and house size, proximity and sales year, will
not account for the amenities and upgrades that can represent a substantial price
increase for the same model from the same developer. These additional costs can be
as much as $30,000 to $50,000. The price comparisons below are necessarily based on
an unrefined research modei but will provide a general overview.
How do CDD horne purchase prices compare to the "regular' housing market?
PWD analyzed the 2005 median purchase price of 10 CDD's and the results are as
follows -- in three (3) of the CDD's, the price is greater by an average of $21,496 and in
five (5) other CDD's, it is lower by an average of $33,124, when compared to non-CDD
developments. Two (2) other CDD's analyzed, Century Parc at $4,000 lower, and
Pentathlon, at $134,460 higher, were excluded from the average as they would skew the
averages {See Exhibits E and E4).
Have the creation of CDD's kept the prices of housing down?
Yes. Compared to the purchase price of a non-CDD home, the median purchase price
in 2005 of a home in a CDD was lower in seven (7) of the 10 developments analyzed by
an average savings of $43,440 over a non-CDD home. A better gauge however, is the
$33,124 savings when the two (2) ext�eme cases are excluded from the average.
Have CDD developments made home-buying more affordable?
Generally no. Of the CDD's cansidered, only Century Parc at $171,000, and South
Dade Venture at $187,058, were below the $225,000 workforce housing price quoted by
Dade's Housing Agency. New housing prices in Miami-Dade County, CDD or non-CDD,
do not fall within the definition of affordable housing as defined by the Department of
Planning and Zoning af 21/2 times the median income for a family of four (4), or
$115,875 (See Exhibit E).
A necessary factor when determining affordability is the CDD assessments that
residents are required to pay. CDD developers in the County are required to provide
and record a Declaration of Restrictive Covenant in the Public Record in which they
itemize and guarantee (within 5% and under threat of penalty) the first three (3) years of
CDD assessments (Exhibit F). Additionalfy, assessments for any homeowners
association (HOA), will be added to that frgure. Developments with an HOA in addition
to a CDD can be desirable. HOA's can enforce covenants and provide better routine
maintenance of common areas, oftentimes at a bet#er p�ice than a CDD, because the
administration of an HOA is usually voluntary, as opposed to the administrative fees paid
to a professional manager to run the CDD.
7he current average annual assessmerrts, including debt service, for residential
prope�ties in the County range from $981 to $1,437 for townhouse/condorrtinium units
and $1,165 to $1,322, for a single family home. These assessments are, in most cases,
coltected through the combined tax bitl through an interlocal agreement with the tax
collector and the CDD Board and as such, are subject to lien and tax collection methods
in the same manner as ad valorem taxes.
� �
CONCLUSION
Community Development Districts achieve the goals and intent of F.S. Chapter 190.
That intent is cleariy defined In 190.002(a), which stipulates that there is a need for `the
establishment, power, operation, and duration of independent districts to manage and
finance basic community development services" and that CDD's can thereby provide "a
solution to the state's planning, management, and financing needs for delfvery of capital
infrastructure in order to service projected growth without overburdening other
governments and their taxpayers." There is no reference to cost of housing or issues of
fairness to purchasers in the statute. Particularly in Miami-Dade, as a Home Rule
Charter County, iocal general-purpose government can impose restrictions prior to any
CDD creation that will a(low for some measure of consumer protection and local control.
Several cities have made requi�ements for their representatives to be on any CDD Board
within their municipal boundary. The County has irnposed a stringent noticing
requirement on CDD deve)opers. There are other restrictions that may be imposed after
consulting with the County Attorney's Office that will ensure that CDD developments will
work in the best interests of their �esidents. CDD's are also useful in developed areas
since they can be used to refurbish existing aged infrastructure, Lastly, as our research
indicates, most CDD housing is generally priced less than other developments.
It is therefore recommended that the 8oard of County Commissioners centinus to
consider creation of new Community Development Districts as a way to finance
continued growth and economic development in the County.
Attachments: Exhibits A through F
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Pres ' ' �
ent CDD
s in M�
a m � Dad
e
� 41 CDDs in Miami-Dade
Commerciall industrial: 3
Residential: 38
Single-family; Muiti-family; Mixed
� Most established since 2001
12
1Q
8
s
a
2
0
1998 1999 2000 2001 2002 2003 2004 2005 2U06
� 4 more CDDs on agenda x��ronado
Source: Flarida Department of Community Affairs,
Sec#ion 2: CDDs in Florida http:llwww.floridaspecialdistricts.org/0fficia(�.isUdownloads.efm
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Sec#ion 3: CDD Significance
Landmark at Do
Pan American Wes1
Trails at Mon
Venetian
Valencia
Paim
Coral Keys
' MOS
Miami
Park
Cay
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.�'y �
Ds are on urban fringes
� CDDs on agenda
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Land Develo ment b CDD ' *
� y S t� i� 200�
j # af � � � � �
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Area in acres � CDDs Total land ! Av. Land � Mini-mum � Max-imum =
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Singfefamily ; 9 769.3 85.5 � 30.� i 215.3 �
�
Mu6ti-family ; 11 689.9 62.7 20.4 j � 60.3 �
,
Mixed ; 17 2967.5 174.6 � 47.g � 516,5 �
� Total Residentiai � 3 � :
! � �
� Land ! � 4426.75 ! ;
Nonresidential 3 897.4 299.1 ' 135.5 i 436.0
;
Tcta! ; 40 5324.2 133.1 . 20.0 � 5� 6.5
�
! ot�� Kes�aen��ai �uu ueve�opment
4,426.75 acres t 1998-2005}
*Proposed at application.
Excludes Coronado (20Q6)
Source: Miami-Dade County, Public Works Department
Sectior, 3: CDD Significance
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Va ca n t L ' ' '
and �n M�am
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Developable Vacant Land in Miami Dade
�inside UDB, in Acres)]
' i 2Q05 � 1998 j Diff.
Single family � �2,726 21,372 � �,�46
Mufti family 2,165 2,992 ! g�7 �
Tota! Residential Land - ; - � �,473 i
� lndusf�ia� 4,082 � 7,21 � ; 3,129 �
Business (Comm.) 2,712 2,896 ' 1 g�.
�ffice (Comm.) 823 1,111 � 288
� Total �Excluding Govt. '
owne� 22 508 35 58 �
> > 2 � 3,074
Govt. owned Land 3,205 2,717 �488)
Total Vacant Land � 25,713 38,299 12,586
Source: Miami-Dade County, Planning Deparfinent
Section 3: CDD Significance
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CDDs b � � . ■
Corr�mi
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un�ts b
CDD
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CDD Type ; Single-family Townhomes �,p�rt�����
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�in���-�amii�y ; 2,9�7 _
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�V1ui��-ra�niiy ' - 9,662 ?�Q
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iVl ix�� � 7 260 ��, 93� �
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Tota; � 1Q,2�7 2� 597
j � � ��0 �
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�Units proposed a� app�ication.
Exciudes Coronado.
�°ctio!� 3: CQJ Significance Source: Miami-Dade Cou;�ty, Public 1No�s Deparmel�t
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EXH�BIT E
COMPARISiON OF CDD SALES 2002-05
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450,000
400,OQ0
350,0�0
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2so,000
Zoo,000
150,000
100, 000
50,000
Median Home Sales in CDDs vs. Conventional
Neighborhoods
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■ Median CDD Sales ❑ Median Ccr�ventFOna1 Home Sales
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Median Home Sales in CDDs vs. Conventional Neighborhoods
2043
450,000
400,000
350,000
300,000
250,000
200,0�0
150,000
100,OQQ
50,Ouu
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■ Median CDD Sales ❑ Median Conventional Home Sales
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Median Home Sales in CDD vs. Conventional Neighborhoods
2004
y 4so,000
� 400,000
Q 350,000
--- 300,000
d 250,000
�, 200,000
0 150,000
� 100, 000
� 50,000
C�
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■ Median CDD Sales � Median Conventional Home Saies
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---�
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� 450,000
`� 400,OQ0
p° 350,000
� 300, 000
� 250,000
y 200,000
0 150,000
�, 100, 000
� 50,000
> -
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� , 0��5 P�G o�.�. OP�,�. ��� �P-� J�� ��-� �O ���,
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GP JQ- �� ,�� �,�P P� ��� �r�� ���G' �\Q.�
�JQ-'L G`�`S� C'Q5 Q�, PJ5 P��' P,��` ,�Q` ��t�,
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■ Median CDD Sales ❑ Median Conventional Home Sales
Median Home Sales in CDD vs. Conventional
Neighborhoods
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CDD S ecial As '
p sessments / Serv�ce
CDD E�timated Total Annual Assessments*
Single-family CDDs
Single farnily
Multi-family CDDs
� T�i Condos
y`' Mixed CDDs
Single-family
Multi-family
Ave-rage � Min.
$1,322
$1,437
$1,165
$981
$1,020
,i • 1
'�.11
��:1
Max.
$2,280
$3,024
'� :i1
�� • 1
Std, dev.
$449
;� • • �
$368
$3�3
Source: Miami-Dade County, Public Works Depa�tment
Section 3: CDD Significance
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Special District Ser��ices, ]nc.
The Oaks Centcr
2501 A Burns Rc��ici
I'�ilm Be��ch Gar��cns, I�L �;�1U
Dircct �61.6 �O.-�9??
Toll Fr�e 877.7 �7.-�9??
Fax 561.630.492 �
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Date Prepared: December 13, 2007
ORDINANCE 2, 2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ESTABLISHING THE PARCEL 5B
COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO THE
PROVISIONS OF SECTION 190.005, FLORIDA STATUTES;
DESIGNATING THE POWERS OF THE DISTRICT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Chapter 190, Florida Statutes, provides an alternative method to
finance and manage basic services for community development; and
WHEREAS, in accordance with Chapter 190, Florida Statutes, PGA Flyover
Corporate Park, LLC, RCA Center II of Florida, LLC, and PGA Transportation Oriented
Development, LLC ("Petitioners") petitioned the City for the establishment of the Parcel
56 Community Development District ("DistricY'); and
WHEREAS, after proper public notice, the City Council conducted a public
hearing pursuant to Section 190.005(1)(d), Florida Statutes, and in accordance
therewith makes the following findings of fact:
1. The petition is complete in that it meets the requirements of Section
190.005(1)(a), Florida Statutes, and all statements contained within the
petition are true and correct.
2. The establishment of the District is not inconsistent with any applicable
element or portion of the City's Comprehensive Plan.
3. The area of land within the District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
4. The establishment of the District is the best alternative available for
delivering the community development services and facilities to the area
that will be served by the District.
5. The proposed services and facilities to be provided by the District will be
compatible with the capacity and uses of existing local and regional
community development services and facilities
6. The area that will be served by the District is amenable to separate special-
district government; and
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Date Prepared: December 13, 2007
Ordinance 2, 2008
WHEREAS, the City Councii determines that the adoption of this Ordinance is in
the best interests 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 petition to establish the Parcel 56 Community Development
District over the following described real property, which was filed by PGA Flyover
Corporate Park, LLC; RCA Center II of Florida, LLC; and PGA Transportation Oriented
Development, LLC, and which petition is on file at the Growth Management Office, is
hereby granted:
LEGAL DESCRIPTION:
PGA FLYOVER CORPORATE PARK, LLC
PARCEL A AND WATER MANAGEMENT TRACT 1, AS SHOWN ON MACARTHUR
PARCEL 5B-REPLAT, AS RECORDED IN PLAT BOOK 108, PAGES 70 THROUGH
74, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
RCA CENTER II OF FLORIDA, LLC
PARCEL B, AS SHOWN ON MACARTHUR PARCEL 5B-REPLAT, AS RECORDED IN
PLAT BOOK 108, PAGES 70 THROUGH 74, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
PGA TRANSPORTATION ORIENTED DEVELOPMENT, LLC
PARCEL C AND WATER MANAGEMENT TRACT 2, AS SHOWN ON MACARTHUR
PARCEL 5B-REPLAT, AS RECORDED IN PLAT BOOK 108, PAGES 70 THROUGH
74, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING 26.13 ACRES, MORE OR LESS.
SECTION 3. The external boundaries of the District shall be as depicted on the
location map attached hereto and incorporaied herein as Exhibit "A." The City agrees
that the District may undertake projects outside District boundaries that are required by
development approvals and permits applicable to land within the District boundaries. In
furtherance thereof, the developer of the land within the District may assign its
obligations under such deve�opment approvals and permits to the District, subject to
consent requirements by the agency issuing the development approvals and permits.
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SECTION 4.
follows:
Date Prepared: December 13, 2007
Ordinance 2, 2008
The initial members of the Board of Supervisors shall be as
Daniel S. Catalfumo
James E. Jacoby
Paul Simonson
Jeffrey Marshall
Jane Ballard
SECTION 5. The District is created for the purposes set forth in Chapter 190,
Florida Statutes.
SECTION 6. The Parcel 56 Community Development District shall have, and
the Board may exercise, subject to the regulatory jurisdiction and permitting authority of
all applicabfe governmental bodies, agencies, and special districts having authority with
respect to any area included therein, all general powers authorized pursuant to Section
190.0� 1, Florida Statutes, and only those special powers described in Section
190.012(1) which are set forth below, and hereby find that it is in the public interest of all
citizens of the City to grant such general and special powers:
1. To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge
or extend, equip, operate, and maintain systems, facilities, and basic
infrastructure for the following:
a. Water management and control for the lands within the District and to
connect some or any of such facilities with roads and bridges.
b. Water supply, sewer, and wastewater management, reclamation, and
reuse, or any combination thereof, and to construct and operate
connecting intercepting or outlet sewers and sewer mains and pipes
and water mains, conduits, or pipelines in, along, and under any street,
alley, highway, or other public place or ways, and to dispose of any
effluent, residue, or other byproducts of such system or sewer system.
c. Bridges or culverts that may be needed across any drain, ditch, canal,
floodway, holding basin, excavation, public highway, tract, grade, fill, or
cut, and roadways over levees and embankments, and to construct
any and all of such works and improvements across, through, or over
any public right-of-way, highway, grade, fill, or cut.
d.
(1) District roads equal to or exceeding the applicable specifications
of the county in which such district roads are located; roads and
improvements to existing public roads that are owned by or
conveyed to the local general-purpose government, the state, or
the Federal Government; street lights; alleys; landscaping;
hardscaping; and the undergrounding of electric utility lines.
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Date Prepared: December 13, 2007
Ordinance 2. 2008
(2) Buses, trolleys, transit shelters, ridesharing facilities and services,
parking improvements, and related signage.
e. Investigation and remediation costs associated with the cleanup of
actual or perceived environmental contamination within the district
under the supervision or direction of a competent governmental
authority unless the covered costs benefit any person who is a
landowner within the District and who caused or contributed to the
contamination.
f. Conservation areas, mitigation areas, and wildlife habitat, including the
maintenance of any plant or animal species, and any related interest in
real or personal property.
2. To adopt and enforce appropriate rules following the procedures of Chapter
120, Florida Statutes, in connection with the provision of one or more
services through its systems and facilities.
SECTION 7. The Parcel 5B Community Development District shall not have,
and the Board may not exercise, any of the following powers set forth below:
1. Plan, establish, acquire, construct or reconstruct, enlarge or extend, equip,
operate, and maintain additional systems and facilities for:
a.
C•7
Parks and facilities for indoor and outdoor recreational, cultural, and
educational uses.
Fire prevention and control, including fire stations, water mains and
plugs, fire trucks, and other vehicles and equipment.
c. School buildings and related structures, which may be leased, sold, or
donated to the school district, for use in the educational system when
authorized by the district school board.
d. Security, including, but not limited to, guardhouses, fences and gates,
electronic intrusion-detection systems, and patrol cars, when
authorized by proper governmental agencies; except that the District
may not exercise any police power, but may contract with the
appropriate local general-purpose government agencies for an
increased level of such services within the District boundaries.
e
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Control and elimination of mosquitoes and other arthropods of public
health importance.
Waste collection and disposal.
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Date Prepared: December 13, 2007
Ordinance 2, 2008
SECTION 8. Pursuant to Section 190.005 (2) (d), Florida Statutes, the charter
for the Parcel 5B Community Development District shall be Sections 190.006 through
190.041, Florida Statutes.
SECTION 9. This Ordinance is made subject to strict compliance by the Parcel
5B Community Development District with the disclosure requirements of Sections
190.048 and 190.0485, Florida Statutes. In addition to the statutory requirements, the
Petitioners shall:
1. Prior to recording the Notice of Establishment within the public records of
Palm Beach County, the Petitioners shall submit the Notice to the City for
the review and approval of the Growth Management Administrator and the
City Attorney. The Notice and corresponding documents shall include the
foflowing:
a. The Notice of Establishment shall appear in the title chain for all lots
within Parcel 5B and will disclose the establishment and existence of
the District.
b. A Notice of Assessments will also be recorded in the public land
records against all property within Parcel 56 once the assessments
have been set by the Board of Supervisors. The Notice of Assessment
shall disclose the amount of the annual assessments applicable to the
lots/units within Parcel 56, and shall provide the name, address, and
telephone number of the District Manager.
c. Each prospective initial retail purchaser/renter/lessee will be provided
with a brochure along with the Parcel 5B sales materials disclosing the
establishment of the District and the anticipated level of assessments
applicable to properties and units within Parcel 56.
d. Each purchase and sale or lease agreement with initial retail
purchasers or lessees will include a specific disclosure addendum
outlining in detail the existence and function of the District and the
estimated assessment amounts applicable to lots/units within Parcel
5B.
e. Each deed of conveyance delivered to the initial retail purchaser within
Parcel 56 will specifically reference the Notice of Establishment
recorded in the Land Records of Palm Beach County, Florida.
f. Pursuant to Section 190.048, Florida Statutes, each purchase and sale
agreement with an initial retail purchaser of property within Parcel 5B
will include the following conspicuous disclosure above the space
provided for the purchaser's signature in large boldfaced type:
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Date Prepared: December 13, 2007
Ordinance 2, 2008
"THE PARCEL 5B COMMUNITY DEVELOPMENT DISTRICT
MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR
BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY.
THESE TAXES AND ASSESSMENTS PAY FOR THE
CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS
OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE
DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING
BOARD OF THE DISTRICT. THESE TAXES AND
ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER
LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND
ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY
LAW."
g. The Declaration of Restrictions for Parcel 5B will include a disclosure
of the existence and function of the District, and will require all property
owners within Parcel 56 to disclose the existence and function of the
District to subsequent purchasers.
SECTION 10. This Ordinance shall become effective immediately upon
adoption.
(The remainder of this page left intentionally blank)
C�
1 PASSED this day of
2
3 PASSED AND ADOPTED this
4 second and final reading.
5
6
7 CITY OF PALM BEACH GARDENS
8
9 BY:
10 Joseph R. Russo, Mayor
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13 David Levy, Vice Mayor
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16 Eric Jablin, Councilmember
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19 Hal R. Valeche, Councilmember
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22 Jody Barnett, Councilmember
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25 ATTEST:
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29 BY:
30 Patricia Snider, CMC, City Clerk
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33 APPROVED AS TO FORM AND
34 LEGAL SUFFICIENCY
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38 BY:
39 Christine P. Tatum, City Attorney
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47 G:�attorney_share\ORDINANCES\CDD - Parcel 56 - Ord 2 2008 (2).doc
7
day of
FOR
Date Prepared: December 13, 2007
Ordinance 2, 2008
2008, upon first reading.
, 2008, upon
AGAINST ABSENT
-� �
Date Prepared: December 13, 2007
Ordinance 2, 2008
EXHIBIT "A"
EXHIBIT 1
• LOCATION MAP
SB COMMUNITY DEVELOPMENT DISTRICT
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Petition - fixhihit I
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 14, 2007
Meeting Date: January 3, 2008
Resolution 6, 2008
Subject/Agenda Item:
Resolution to approve the purchase of two (2) 2008 Medtec Ambulances, Modei
AD-170 on 2008 Intemational 4300 LP Chassis, with two (2) new Stryker 6500
Power-Pro Cots, per the Florida Sheriff's Association Bid Number 07-07-0828,
Specification #02.
[ X ] Recommendation to APPROVE
[ l Recommendation to DENY
Reviewed by: Originating Dept.: Costs: s321,896.00 Council Action:
Fire Rescue
City a [ Approved
Attorney �
R '� ni i $ 370,000.00 [ ]Approved
� Current FY w/ conditions
�. � � _
ivisio�Chief [ ] Denied
Finance Di do Advertised: Funding Source: [] Continued to:
Date: [ X ] Operating Attachments:
Paper:
[ X] Other Resolution 6, 2008
$70,000.00 Trade-in
Submitted by: (X] Not Required value for two (2) Ten-8
Peter Bergel, Fire 2003 Rescue Units.
Bid 07-07-0828
Chief
Department Director Affected parties Budget Acct.#:
Appr9�d by:,� etifred----" $321,896.00 Fleet [] None
' (501 _3020.539.6410)
� �
City nager (X] Not required
Date Prepared: December 14, 2007
Meeting Date: January 3, 2008
Resolution 6, 2008
BACKGROUND:
The Fire Rescue Department currently has a fleet of seven Rescue Units. The
two (2) new rescue units will replace two (2) five year old units which have
become increasingly more problematic based on age and condition. The cost
includes,
Two (2) new 2008 Medtec Ambulances, Model AD-170 at: $369,484.00
Two (2) new Stryker 6500 Power-Pro Cots at: $22,412.00
Trade-in value for the two (2) five year old rescue units; -$70,000.00
Total Price: $321,896.00
This purchase has been approved by the Fleet Committee.
STAFF RECOMMENDATION: Staff recommends the approval of Resolution 6,
2008 for the purchase of two (2) 2008 Medtec Ambulances, Model AD-170 on
2008 International 4300 LP Chassis, finro (2) new Stryker 6500 Power-Pro Cots,
for the sum of $321,896.00. which includes a trade-in value of $70,000.00 for the
two (2) five year old units, $321,896.00 from Fleet Fund (501.3020.539.6410),
using the Florida Sheriff's Association Bid Number 07-07-0828, Specification
#02.
Date Prepared: December 14, 2007
RESOLUTION 6, 2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE PURCHASE OF
TWO (2) 2008 MEDTEC AMBULANCES, MODEL AD-170, AND
TWO (2) STRYKER 6500 POWER-PRO COTS FROM TEN-8 FIRE
EQUIPMENT, INC., AN AUTHORIZED DEALER FOR MEDTEC
AMBULANCES IN THE STATE OF FLORIDA; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE ALL DOCUMENTS
NECESSARY TO EFFECTUATE SUCH PURCHASE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Palm Beach Gardens Fire Rescue Department is solely
responsible for the delivery of all Fire Rescue services throughout the City; and
WHEREAS, the delivery of effective fire rescue services in the areas throughout
the City requires the reliability of fire rescue apparatus in order to facilitate the delivery
of such services; and
WHEREAS, the City desires to purchase two (2) 2008 Medtec Ambulances,
Model AD-170, and two (2) Stryker 6500 Power-Pro Cots as described in Exhibit "A,"
attached hereto; and
WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to
"piggyback" an agreement awarded by another governmental agency pursuant to a
competitive sealed bid; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in
the best interest of the citizens and residents of the City of Palm Beach Gardens to
grant a purchase award to Ten-8 Fire Equipment, Inc., an authorized dealer for Medtec
Ambulances, based on an agreement executed by the Florida Fire Chiefs' Association,
Florida Sheriffs Association, and Florida Association of Counties Bid #07-07-0828,
Specification #02, a copy of which is attached hereto as Exhibit "B", for the purchase of
two (2) 2008 Medtec Ambulances, Model AD-170 and two (2) Stryker 6500 Power-Pro
Cots.
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.
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Date Prepared: December 14, 2008
Resolution 6, 2008
SECTION 2. The City Council hereby approves the purchase of two (2) 2008
Medtec Ambulances, Model AD-170, and two (2) Stryker 6500 Power-Pro Cots from
Ten-8 Fire Equipment, Inc. in the not-to-exceed amount of $321,896.00
SECTION 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this
ATTEST:
:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLIN
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
day of , 2008.
CITY OF PALM BEACH GARDENS, FLORIDA
:
Joseph R. Russo, Mayor
AYE NAY ABSENT
G:\attorney_share\RESOLUTIONSVescue units purchase from Ten-8 Fire Equipment Inc - reso 6 2008.doc
2
Date Prepared: December 14, 2007
Resolution 6, 2008
EXHIBIT "A"
�t� 4__ d
�M� . .
�i.
r� � � -- —
Friday, December 14, 2007
Palm Beach Gardens Fire Rescue
Bob Boniewski
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Proposal
M� �
v
The undersigned is prepared to manufacture for you, upon an order placed by you, for final acceptance by Medtec
Ambulance, at its home office in Goshen, [ndiana, the apparatus and equipment herein named and for the following prices:
Description
Two (2) Medtec Ambulances Model AD-170 on a 2008
International 4300 LP Chassis based on the Florida Sheriff's
Association Bid No. 07-07-0828, Specification #02
Includes Engle Refrigerator, FireCom, Chevron Striping
See Attached Specifications and Drawings
Stryker 6500 Power-Pro Cot
Trade (2) 2003 Medtec Units
Total Price
Unit Price
$184,742.00
$ 11,206.00
$-35,000.00
$160,948.00
Total Pricc
$369,484.00
$22,412.00
$-70,000.00
$321,896.00
Said apparatus is to be shipped i�� accordance with the specifications hereto attached, delays due to strikes, war or
international conFlict, failures to obtain chassis, materi�ls, or other causes beyond our control not preventing, within about 210 d��ys
after receipt of signed written order at our office at Goshen, Indiana, 1nd receipt of chassis, to be delivered to you at Palm Be�ch
Gardens, Florida.
The specitications herein contained shall form a part �f the final contract, and are s�ibject to changes desired by the�
purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such
alterations do not materially affect the cost of the construction of the apparatus.
"I'he proposal for eme�gency medical apparatus confi�rms to all Federal Department of Transportation (DO�r) rules and
regulations in effect at the time of bid, and all (KKK-A-1822F) Federal Specification for Star of Life Ambulance and (AMD)
Ambulance Manufactures Division Guidelines for Automotive Emergency Medical Apparatus as published at the time of bid, except
as modified by customer specifications. Any increased cost incurred by first party because of future changes in or said DOT, KKK or
AMD standards will be passed along to the customer as an addition to the price set forth above.
Ui�less accepted within 30 days from date�, the right is reserved to withdraw this proposal.
Medtec Ambulance Corporation
By � /I/l ax,
Sales Representative
INTERNATIONAL�
Prepared For:
CBG
Purchasing Dept
1067 4th St. NE
Byron, MN 55920-5002
(507)775 - 3300
MISSION:
DIMENSION:
ENGINE, DIESEL:
TRANSMISSION, AUTOMATIC
CLUTCH:
AXLE, FRONT NON-DRIVING
AXLE, REAR, SINGLE:
CAB:
TIRE, FRONT:
TIRE, REAR:
SUSPENSION, REAR, AIR, SINGLE
PAINT
October 08, 2007
Presented By:
MID-STATE TRUCK SV INC
Mark Jirschele
2100 E. 29TH ST
MARSHFIELD WI 54449 - 7150
(715)591-2591
Model Profile
2008 4300 SBA LP 4X2 (MH025)
Requested GVWR: 20000. Calc. GVWR: 21000
Calc. Start / Grade Ability: 29.90% / 2.91 %@ 55 MPH
Calc. Geared Speed: 76.7 MPH
Wheelbase: 169.00, CA: 101.90, Axle to Frame: 63.00
{International MaxxForce DT} 50 State, 225 HP, 560 Ib-ft Torque @ 1400 RPM, 2600 RPM
Governed Speed, # 2 Bell Housing
{ALLISON 2200 EVS_P} 4th Generation Controls; Close Ratio, 5-Speed, With Overdrive;
Includes Park Pawl, With PTO Provision, Less Retarder, With 26,000-Ib GVW & GCW Max.
Omit Item (Clutch & Control)
{International I-100S} I-Beam Type, 9,000-Ib Capacity
{Dana Spicer 17060S} Single Reduction, 17,500-Ib Capacity, With 190 Wheel Ends Gear
Ratio: 4.63
Conventional
(3) 245/70R19.5 XZE (MICHELIN) 619 rev/mile, load range H, 16 ply
(4) 245/70R19.5 XZE (MICHELIN) 619 rev/mile, load range H, 16 ply
{International} Ride Optimized Suspension (IROS); 12,000-Ib Capacity, 5.3" Ride Height,
With Shock Absorbers
Cab Schematic 100GA
Location 1: 5J08, Hot Lime (Custom)
Chassis Schematic N/A
Proposal: 12502 -03
INTERNATIONAL�
Descrietion
Vehicle Specifications
2008 4300 SBA LP 4X2 (MH025)
Base Chassis, Model 4300 5BA LP 4X2 with 169.00 Wheelbase, 101.90 CA, and 63.00 Axle to Frame.
TOW HOOK, FRONT (2) Inside Rail, Frame Mounted.
FRAME RAILS High Strength Low Alloy Steel (80,000 PSI Yield); 9.125" x 3.062" x 0.312" (231.8mm x 77.8mm
x 8.Omm) With Transition to 6.500" x 3.062" x 0.312" (165.1 mm x 77.8mm x 8.Omm) 388.4" (9864mm) Maximum
OAL; For LP Chassis
BUMPER, FRONT Full Width, Aerodynamic, Chrome Plated Steel; 0.142" Material Thickness
WHEELBASE RANGE 134" (340cm) Through and Including 197" (500cm)
AXLE, FRONT NON-DRIVING {International I-100S} I-Beam Type, 9,000-Ib Capacity
SUSPENSION, FRONT, SPRING Parabolic, Taper Leaf; 9,000-Ib Capacity; With Shock Absorbers
Includes
: SPRING PINS Rubber Bushings, Maintenance-Free
BRAKE SYSTEM, AIR Dual System for Straight Truck Applications
Includes
: AIR COMPRESSOR AIR SUPPLY LINE International Engines, Naturally-Aspirated
: BRAKE CHAMBERS, SPRING (2) Rear Parking
: BRAKE LINES Color Coded Nylon
: DRAIN VALVE Twist-Type
: DUST SHIELDS, FRONT BRAKE
: DUST SHIELDS, REAR BRAKE
: GAUGE, AIR PRESSURE (2) Air 1 and Air 2 Gauges; Located in Instrument Cluster
: PARKING BRAKE VALVE Color-Coded Yellow Knob, Located on Instrument Panel
: SLACK ADJUSTERS, FRONT Automatic
SLACK ADJUSTERS, REAR Automatic
SPRING BRAKE MODULATOR VALVE
DRAIN VALVE {Berg} Manual; With Pull Chain, for Air Tank
AIR BRAKE ABS {Bendix AntiLock Brake System} Full Vehicle Wheel Control System (4-Channel)
AIR DRYER {Bendix AD-IP} With Heater
BRAKES, FRONT, AIR CAM S-Cam; 15.0" x 4.0"; Includes 20 Sq. In. MGM Long Stroke Brake Chambers
BRAKES, REAR, AIR CAM 15.0" x 8.63", Includes MGM TR2430 Long Stroke Brake Chambers and Heavy
Duty Spring Actuated Parking Brake
AIR COMPRESSOR {Bendix Tu-Flo 550} 13.2 CFM Capacity
STEERING COLUMN Tilting
STEERING WHEEL 2-Spoke, 18" Diam., Black
STEERING GEAR {Sheppard M-100} Power
EXHAUST SYSTEM Single, Horizontal, Aftertreatment Device Frame Mounted Right Side Back of Cab;
Includes Vertical Tail Pipe And Guard
TAIL PIPE (1) Turnback Type, Bright Finish, for Single Exhaust
ELECTRICAL SYSTEM 12-Volt, Standard Equipment
Includes
BATTERY BOX Steel; Mounted Left Side, Under Cab
DATA LINK C�NNECTOR For Vehicle Programming and Diagnostics In Cab
FUSES, ELECTRICAL SAE Blade-Type
HAZARD SWITCH Push On/Push Off, Located on Top of Steering Column Cover
October 08, 2007
F/R Wt Tot Wt
(Ib) (Ib)
5878/2497 8375
8/0 8
11/145 156
0/0 0
0/0 0
62/0 62
59/0 59
36/62
1I0
9/21
21/4
71 /0
.;
1
30
25
71
01239 239
46/0
10/0
0/0
25/0
68/32
46
10
0
25
100
0/0 0
0/0 0
2 Proposal: 12502 -03
INTERNATIONAL� Vehicle Specifications October 08, 2007
2008 4300 SBA LP 4X2 (MH025)
Description
HEADLIGHT DIMMER SWITCH Integral with Turn Signal Lever
HORN, ELECTRIC Single
: JUMP START STUD Located on Positive Terminal of Outermost Battery
: PARKING LIGHT Integral with Front Turn Signal and Rear Tail Light
: RUNNING LIGHT (2) Daytime, Included With Headlights
: STARTER SWITCH Electric, Key Operated
: STOP, TURN, TAIL & B/U LIGHTS Dual, Rear, Combination with Reflector
: TURN SIGNAL SWITCH Self-Cancelling with Lane Change Feature
: TURN SIGNALS, FRONT Includes Reflectors and Auxiliary Side Turn Signals, Solid State Flashers; Flush
Mounted
: WINDSHIELD WIPER SWITCH 2-Speed with Wash and Intermittent Feature (5 Pre-Set Delays), Integral with
Turn Signal Lever
: WINDSHIELD WIPERS Single Motor, Electric, Cowl Mounted
WIRING, CHASSIS Color Coded and Continuously Numbered
CIGAR LIGHTER
HORN, ELECTRIC (2)
ALTERNATOR {Leece-Neville 4949PA} Brush Type; 12 Volt 270 Amp. Capacity, Pad Mounted
BODY BUILDER WIRING Back of Standard Cab at Left Frame or Under Extended or Crew Cab at Left Frame;
Includes Sealed Connectors for Tail/Amber Turn/Markerl Backup/Accessory Power/Ground and Sealed
Connector for Stop/Turn
BATTERY SYSTEM {International) Maintenance-Free, (3) 12-Volt 1950CCA Total
TAIL LIGHT WIRING MODIFIED Includes: Wiring for Standard Lt & Rt Tail Lights; Separate 8.0' of Extra Cable
Wiring for Lt 8 Rt Body Mounted Tail Lights
RADIO {International} AM/FM Stereo With CD Player, Weatherband, Clock, Includes Multiple Coaxial
Speakers, Satellite Radio Compatible
Includes
SPEAKERS IN CAB (2) Coaxial with Deluxe Interior
SPEAKERS IN CAB (4) Coaxial with Premium Interior
BACK-UP ALARM Electric, 102 dBA
HORN, AIR Black, Single Trumpet, Air Solenoid Operated, Mounted Behind Bumper on Right Rail
BATTERY DISCONNECT SWITCH {Joseph Pollack 51-315} Positive Type, Lever Operated, Mounted on Cab
Floor
WINDSHIELD WIPER SPD CONTROL Force Wipers to Slowest Intermittent Speed When Park Brake Set and
Wipers Left on for a Predetermined Time
HEADLIGHTS Halogen; Composite Aero Design for Two Light System; Includes Daytime Running Lights
CLEARANCE/MARKER LIGHTS (5) {Truck Lite} Amber LED Lights, Flush Mounted on Cab or Sunshade
TEST EXTERIOR LIGHTS Pre-Trip Inspection will Cycle all Exterior Lamps Except Back-up Lights
HEADLIGHTS ON W/WIPERS Headlights Will Automatically Turn on if Windshield Wipers are turned on
INDICATOR, LOW COOLANT LEVEL With Audible Alarm
STARTING MOTOR {Leece-Neville M130D} 12 Volt; Less Thermal Over-Crank Protection
CIRCUIT BREAKERS Manual-Reset (Main Panel) SAE Type III With Trip Indicators, Replaces All Fuses
Except For 5-Amp Fuses
GRILLE Chrome
F/R Wt Tot Wt
(Ib) (Ib)
1/0 1
4/0 4
14/0 14
2/0 2
42/13 55
0/2 2
6/0
0/3
2I0
1/0
0/0
0/0
0/0
0/0
0/0
1/0
0/0
0/0
oio
6
3
2
1
0
0
0
0
0
1
0
0
n
3 Proposal: 12502 -03
INTERNATIONAL�
Description
Vehicle Specifications
2008 4300 SBA LP 4X2 (MH025)
INSULATION, UNDER HOOD for Sound Abatement
INSULATION, SPLASH PANELS for Sound Abatement
FRONT END Tilting, Fiberglass, With Three Piece Construction
PAINT SCHEMATIC, PT-1 Single Color, Design 100
Includes
: PAINT SCHEMATIC ID LETTERS "GA"
PAINT TYPE Base CoaUClear Coat, 1-2 Tone
PAINT CLASS Single Custom Color.
CLUTCH Omit Item (Clutch & Control)
ENGINE, DIESEL {International MaxxForce DT} 50 State, 225 HP, 560 Ib-ft Torque @ 1400 RPM, 2600 RPM
Governed Speed, # 2 Bell Housing
Includes
COLD STARTING EQUIPMENT Intake Manifold Electric Grid Heater with Engine ECM Control
: CRUISE CONTROL Electronic; Controls Integral to Steering Wheel
: ENGINE OIL DRAIN PLUG Magnetic
ENGINE SHUTDOWN Electric, Key Operated
FAN Optimized Position
: FUEL/WATER SEPARATOR and FUEL FILTER in a Single Assembly; With Water-in-Fuel Sensor; Mounted
on Engine
: GOVERNOR Road Speed, Electronic
: OIL FILTER, ENGINE Spin-On Type
FAN DRIVE {Horton Drivemaster} "Two Speed" Direct Drive, With Residual Torque Device for Disengaged
Fan Speed
Includes
: FAN Nylon
FEDERAL EMISSIONS for 2004; for International VT365, DT466 and DT570 Engines
RADIATOR Aluminum; 2-Row, Cross Flow, Over Under System, 717 Sqln Louvered, With 313 Sqln Charge
Air Cooler. With In-Tank Transmission Cooler
Includes
: DEAERATION SYSTEM with Surge Tank
AIR CLEANER Single Element
Includes
: GAUGE, AIR CLEANER RESTRICTION Air Cleaner Mounted
OVER-TEMPERATURE PROTECTION (For Engine Coolant) Omit Item
THROTTLE, HAND CONTROL Engine Speed Control for PTO; Electronic, Stationary Pre-Set, Two Speed
Settings; Mounted on Steering Wheel
FEDERAL EMISSIONS 2007 for International MaxxForce DT Engines (DT466)
ENGINE CONTROL, REMOTE MOUNTED Provision for; Includes Wiring for Body Builder Installation of PTO
Controls; With Ignition Switch Control for International post 2007 Emissions Electronic Engines
EXPANDED ENGINE TEMP EFFECTS to Allow Higher Engine Operating Temperature Range; Includes Nylon
Surge Tank and 15 psi Pressure Cap
TRANSMISSION, AUTOMATIC {ALLISON 2200 EVS_P} 41h Generation Controls; Close Ratio, 5-Speed,
With Overdrive; Includes Park Pawl, With PTO Provision, Less Retarder, With 26,000-Ib GVW & GCW Max.
4
October 08, 2007
FIR Wt Tot Wt
(Ib) (Ib)
1/0 1
1/0 1
0/0 0
0/0 0
0/0 0
0/0 0
-63/-12 -75
0/0 0
28/0 28
0/0 0
0/0 0
0/0 0
0/0 0
2/0 2
0/0 0
0/0 0
0/0 0
0/0 0
Proposal: 12502 -03
INTERNATIONAL�
Description
Vehicle Specifications
2008 4300 SBA LP 4X2 (MH025)
Includes
: OIL FILTER, TRANSMISSION Mounted on Transmission
TRANSMISSION OIL PAN Magnet in Oil Pan
WIRING, TRANS, BODY BUILDER Installed Wiring for Transmission/PTO Controls, for Allison 2000, 2100,
2200, 2400, 2500 Series Transmission
TRANSMISSION OIL {Castrol TranSynd} Synthetic; 20 thru 28 Pints
SUSPENSION AIR CONTROL VALVE Pressure Release Control In Cab
AXLE, REAR, SINGLE {Dana Spicer 17060S} Single Reduction, 17,500-Ib Capacity, With 190 Wheel Ends
Includes
: REAR AXLE DRAIN PLUG (1) Magnetic, For Single Rear Axle
SUSPENSION, REAR, AIR, SINGLE {International} Ride Optimized Suspension (IROS); 12,000-Ib Capacity,
5.3" Ride Height, With Shock Absorbers
AXLE, REAR, LUBE {EmGard 75W-90} Synthetic Oil; 1 thru 29.99 Pints
FUEL TANK Top Draw; D Style, Steel, 50 U.S. Gal., 189 L Capacity, 16" Deep, With Quick Connect Outlet,
Mounted Right Side, Under Cab
CAB Conventional
Includes
ARM REST (2) Molded Plastic; One Each Door
: CLEARANCE/MARKER LIGHTS (5) Flush Mounted
COAT HOOK �ocated on Rear Wall, Centered Above Rear Window
: FLOOR COVERING Rubber, Black
: GLASS, ALL WINDOWS Tinted
: GRAB HANDLE, CAB INTERIOR (1) "A" Pillar Mounted, Passenger Side
GRAB HANDLE, CAB INTERIOR (2) "B" Pillar Mounted, One Each Side
STEP (2) One Step Per poor
HEATER SHUT-OFF VALVES (2) Gate Valve Type
GAUGE CLUSTER English With English Electronic Speedometer
Includes
GAUGE CLUSTER (5) Engine Oil Pressure (Electronic), Water Temperature (Electronic), Fuel (Electronic),
Tachometer (Electronic), Volimeter
ODOMETER DISPLAY, Miles, Trip Miles, Engine Hours, Trip Hours, Fault Code Readout
WARNING SYSTEM Low Fuel, Low Oil Pressure, High Engine Coolant Temp, and Low Battery Voltage
(Visual and Audible)
GAUGE, OIL TEMP, ALLISON TRAN
GAUGE, AIR CLEANER RESTRICTION {Filter-Minder} With Black Bezel Mounted in Instrument Panel
IP CLUSTER DISPLAY On Board Diagnostics Display of Fault Codes in Gauge Cluster
SEAT, DRIVER {National 2000} Air Suspension, High Back With Integral Headrest, Vinyl, Isolated, With 2
Position Front Cushion Adjustment, -3 to +14 Degree Seat Back Adjustment, Single Chamber Air Lumbar
Support
Includes
SEAT BELT 3-Point, Lap and 5houlder Belt Type
SEAT, PASSENGER {National 2000} Air Suspension, High Back With Integral Headrest, Vinyl, Isolated, With
2 Position Front Cushion Adjustment, -3 to +14 Degree Seat Back Adjustment, Single Chamber Air Lumbar
Support
October 08, 2007
F/R Wt Tot Wt
(Ib) (Ib)
1I0 1
0/0 0
3/5 8
0/168 168
0/-12 -12
0/0 0
0/0 0
0/0 0
2/0 2
0/0 0
1/0 1
2/0 2
0/0 0
2/0 2
52/28 80
5 Proposal: 12502 -03
INTERNATIONAL�
Description
Includes
SEAT BELT 3-Point, Lap and Shoulder Belt Type
Vehicle Specifications
2008 4300 SBA LP 4X2 (MH025)
MIRRORS (2) {Lang Mekra} Styled; Rectangular, 7.09" x 15.75", Brackets Breakaway Type, With 102" Wide
Spacing, With Integral Convex Both Sides, With All Heated Heads, Thermostatically Controlled, With Clearance
Lights LED, Powered Both Sides, With Bright Heads & Brackets
GRAB HANDLE Chrome; Towel Bar Type With Anti-Slip Rubber Inserts; for Cab Entry Mounted Left Side Only
SEAT BELT All Red; 1 to 3
ARM REST, RIGHT, DRIVER SEAT
ARM REST, LEFT, PASSENGER SEAT
INSTRUMENT PANEL Center Section, Flat Panel
WINDOW, POWER (2) And Power poor Locks, Left and Right Doors
AIR CONDITIONER {International Blend-Air} With Integral Heater & Defroster
Includes
HEATER HOSES Premium
: REFRIGERANT Hydrofluorocarbon HFC-134A
FRESH AIR FILTER for HVAC
KEYLESS ENTRY SYSTEM REMOTE With Panic and Auxiliary Buttons, Includes One Key Fob (Transmitter)
CAB INTERIOR TRIM Premium
Includes
"A" PILLAR COVER Molded Plastic
: CAB INTERIOR TRIM PANELS Molded Plastic, Full Height; All Exposed Interior Sheet Metal is Covered
Except for the Following: with a Two-Man Passenger Seat the Back Panel is Only Partially Covered and with
a Full Bench Seat the Back Panel is
CAB SOUND INSULATION Dash and Engine Cover Insulators
: CONSOLE, OVERHEAD Molded Plastic with Dual Storage Pockets, Retainer Nets, CB Radio Pocket with
Hold-Down, Compass/Temp Display, Auxiliary Visor, Reading Lights
: COURTESY LIGHT (2) Mounted In Front Map Pocket Left and Right Side
: DOME LIGHT, CAB Rectangular, Door Activated, Timed Theater Dimming, Center Mounted, Integral to
Console
: DOOR TRIM PANELS with Cloth Insert on Bolster Driver and Passenger poors
: HEADLINER Printed Cloth
INSTRUMENT PANEL TRIM Molded Plastic with Black Center Section, Hidden Cup Holder and Ash Tray
(Pull-Out)
: STORAGE POCKET, DOOR (2) Molded Plastic (Carpet Texture), Full-Length; Driver and Passenger poors
: SUN VISOR (3) Padded Vinyl, 2 Moveable (Front-to-Side) Primary Visors, Driver Side with Vanity Mirror and
Toll Ticket Strap, plus 1 Auxiliary Visor (Front Only), Driver Side
LOW WASHER FLUID INDICATOR
WHEEL, SPARE, DISC 19.5" Painted Steel, 5 Hand Hole, 10-Stud (285.75MM BC) 7.50"DC Rim
WHEELS, FRONT {Accuride} DISC; 19.5" Polished Aluminum; 10-Stud (285.75 MM BC) Hub Piloted, Flanged
Nut, Metric Mount, 7.50DC Rims; With Steel Hubs
Includes
WHEEL SEALS, FRONT Grease Lubricated, Includes Wheel Bearings
WHEELS, REAR {Accuride} DUAL DISC; 19.5" x 7.50" DC DC Polished Aluminum Outer Wheel, 10-Nand
Hole, and 7.50" DC Steel Inner Wheel, 5-Hand Hole, 10-Stud (285.75 MM BC) Hub Piloted, Flanged Nut, Metric
Mount. With Steel Hubs
October 08, 2007
FIR Wt Tot Wt
(Ib) (Ib)
8/0 8
3/0
0/0
3/0
3/0
0/0
5/0
0/0
3
0
3
3
0
5
0
4/0 4
2/0 2
0/0 0
1/0 1
32/32 64
-10/0 -10
0/12 12
6 Proposal: 12502 -03
INTERNATlONAL� Vehicle Specifications October 08, 2007
2008 4300 SBA LP 4X2 (MH025)
Description
Includes
: WHEEL SEALS, REAR Oil Lubricated, Includes Wheel Bearings
TIRE, SPARE Equal to Model 5tandard
Includes
: PLEASE NOTE: Only One Spare Tire per Truck Ordered. Order Must Reflect Number of Tires Required
(Including Spare). 10-Digit Tire Code and Spare Rim/Wheel Code Must be Specified.
WHEEL SEALS, FRONT {Stemco Guardian} Oil Lubricated Wheel Bearings
WHEEL BEARING, FRONT, LUBE {EmGard 50W} Synthetic Oil
(3) TIRE,FRONT 245/70R19.5 XZE (MICHELIN) 619 rev/mile, load range H, 16 ply
(4) TIRE,REAR 245170R19.5 XZE (MICHELIN) 619 rev/mile, load range H, 16 ply
Cab Schematic 100GA
Location 1: 5J08, Hot Lime (Custom)
Chassis Schematic N/A
Total Component Weight:
1000,3000,4000 Series Raw Material Price Surcharge
Pre Del
Furnish Auxilary A/C compressor. Includes mounting bracket, engine pulley, and drive belt. Freon hoses are
not included.
Dual air valves for rear suspension
Driveline protection loops
Rear Crossmember
Fontaine ship through
Replace factory air horn with (2) Grover #1510-2024 Stutter Tone Horns mounted on top of front fenders.
Program door locks to lock at 15 MPH and unlock below 15 MPH
z.Custom paint color requests will be matched with AkzoNobel paint. Color match to after market paint cannot
be guaranteed.
z.Note! All customer requested modifications after chassis manufacture are not covered by International
warranty. Warranty coverage if any, is the responsibilty of the modifier.
Wire cigar lighter to remain powered when master battery switch is turned off. Includes inline fuse.
Total Goods Purchased:
F/R Wt Tot Wt
(Ib) (Ib)
�. .
0!0
0!0
-27/0
0/-36
6434/3294
0/0
010
0/0
0/0
0/0
0/0
0/0
0/0
0(0
0/0
0
0
-27
-36
972$
0
0
0
0
0
0
0
0
0
0
0/0 0
0/0 0
0/0 0
The weight calculations included in this proposal are an estimate of future vehicle weighl. The actual weight as manufactured may be
different from the estimated weight. International Truck and Engine Corp. shall not be liable for any consequences resulting from any
differences between the estimated weight of a vehicle and the actual weight.
7 Proposal: 12502 -03
INTERNATIONAL� Turning Radius Summarv October 08, 2007
2008 4300 SBA LP 4X2 (MH025)
�" '��'.
,� .
, — '` .
. - � �- - `
, �� .
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,� "
r ` ' '
J � � � ti
I + + ti
1 � � 1
1 � � �
i i TURNING CENTER � i
�' ''
i' "
�� ''
�� ''
� i Tuming � � I
i � Radius: 23' 3" � i
�,
�� ,�
� ,
i � ,� Curb i �
� 4�� �
� � [:learance: 23 � i
i� ��
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i� Clearance: 24' 10" i I
� �
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TR CR
CI ,
lw
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:
CH �L -,r' —
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(:: 13.?9 CI:�`-��1'�--�' CR: 23''3"
C:H:�6" TR: 1�' :;" TW: 9.70
Series: 4000
Model: MH025
Description: 4300 SBA LP 4X2
Model Year: 2008
Calculation Factors
Wheelbase: 169
Front Axle: 0002ADL
Description: AXLE, FRONT NON-DRIVING, {International I-100S} I-
Beam Type, 9,000-Ib Capacity
Front Wheel: 0027DAR
Description: WHEELS, FRONT, {Accuride} DISC; 19.5" Polished
Aluminum; 10-Stud (285.75 MM BC) Hub Piloted, Flanged
Nut, Metric Mount, 7.50DC Rims; With Steel Hubs
Front Tire: 07689453253
Description: TIRES, 245/70R19.5 XZE (MICHELIN) 619 rev/mile, load
range H, 16 ply
Steering Gear: 0005PSA
Description: STEERING GEAR, {Sheppard M-100} Power
Turninq Radius Statistics
General Information
Inside Turn Angle:
Radial Overhang:
Axfe Information
KingPin Inclination
KingPin Center:
50 Degrees
19
7.5 Degrees
69.12
Turning Radius - Curb View
C
CI
CR
CH
TR
TW
" All Meas�rements are in inches, unless otherwise specified.
- Curb Contact Length:
- Curb Clearance Increment:
- Curb Clearance Radius:
- Curb Height:
- Turning Radius:
- Tire Width:
13.79
5.18
23'9"
6"
23'3"
09.70
This information is based on engineering information available at this time. Actual figures may vary. International Truck and
Engine Corporation cannot accept liability for consequences due to this variance.
Proposal: 12502 -03
INTERNATIONAL� Perfomance TCAPE Summarv October 08, 2007
2008 4300 SBA LP 4X2 (MH025)
ENGINE/TRANSMISSION MATCHING
�
a
�
�
a
�
a�
c
.�
c
W
3000
2500
2000
1500
1000
rJ�O
�
0
Sawtooth Grid
5 10 15 20 25 30 35 40 45 50 55 60 65 70 75
Vehicle Speed (mph)
Marginal Operating Pov�er Below Recommendetl Minimum
Governed Engine Speed (2600� 90% Operating Range {1819)
85% Operating Range (1667} Actual Vehicle Power
Sawtooth Details
Gear Trans Upshift Power Avail Govern Power Avail Peak Power Comparison Warn Msg
Ratio Veh Spd Eng Spd Veh Spd Eng Spd Gear Step 85% Range 90% Range
(MPH) (RPM) (MPH) (RPM) (%) (%) (%)
1 C 3.10 0.0 2318.8 9.7 2331.4 N/A 56 43
2C 1.81 9.7 2260.6 19.2 2385.5 N/A 56 43
2L 1.81 19.2 1663.4 28.4 2458.0 N/A 56 43
3L 1.41 28.4 1914.8 37.1 2498.5 N/A 56 43
4L 1.00 37.1 1772.0 52.9 2525.0 N/A 56 43
5L 0.71 52.9 1792.8 76.7 2600.0 N/A 56 43
9 Proposal: 12502 -03
INTERNATIONAL� Perfomance TCAPE Summarv October 08, 2007
2008 4300 SBA LP 4X2 (MH025)
STEADY STATE PERFORMANCE
Performance Results Gear Veh Spd Eng Spd Fuel Econ Grade Notes
(mph) (rpm) (mpg) (%)
LEVEL ROAD MAXIMUM SPEED 5L 73.9 2506 !i.61 0.00
HI GEAR SPEED @ RATED RPM ---- ---- ---- ----- -----
55.0 MPH S7EADY-STATE 5L 55.0 1865 8.80 2.91 - Calculated Grade
Ability/Fuel Economy
VEHICLE ORDER CODING ERRORS MAY RESULT IF THE "LEVEL ROAD MAX SPEED" VALUE EXCEEDS THE "HI GEAR SPEED
@ RATED RPM" AND IS USED AS THE ENGINE PROGRAMMABLE VEHICLE SPEED LIMIT.
IDLE FUEL RATE : 0.74 GALS/HR @ 800 RPM
TORQUE CONVERTER: TC-211 STALL RATIO: 2.05
IF THE RESULTS CONTAIN "-----" , VEHICLE CANNOT ATTAIN THAT SPEED.
IF THE RESULTS CONTAIN "**'"*", THE ENGINE USED DOES NOT HAVE A FUEL MAP. FUEL ECONOMY CANNOT BE PREDICTED.
FUEL ECONOMY
Fuel Economy Route: Normal Route - City, Suburban, and Highway
Key Fuel Economy Information City
MILES PER GALLON 7.99
AVERAGE MPH 19.11
MISSION MINUTES 29.6
Suburban Highway Notes
9.93 8.37
40.00 54.62
51.8 173.3
IF THE RESULTS CONTAIN "��"""', THE ENGINE USED DOES NOT HAVE A FUEL MAP. FUEL ECONOMY CANNOT BE PREDICTED.
10 Proposal: 12502 -03
INTERNATIONAL� Perfomance TCAPE Summarv October O8, 2007
2008 4300 SBA LP 4X2 (MFI025)
GRADEABIUTY PERFORMANCE
Enroute - Full Throttle Upshift Performance
Gear Trans Veh Spd Eng Spd Whl Pwr Grade Warn Notes
Ratio (mph) (rpm) (hp) (%) Msg
1 C 3.10 0.0 2318.8 0.0 54.00 STALL
7.6 2285.1 136.4 35.10 70% EFF
9.8 2336.8 154.2 29.90 80% EFF
9.7 2331.4 153.0 30.30
2C 1.81 9.7 2260.6 114.8 22.10
19.2 2385.5 160.6 14.90
2L 1.81 19.2 1663.4 155.7 14.40
28.4 2458.0 190.2 11.40
3L 1.41 28.4 1914.8 178.7 10.60
37.1 2498.5 187.9 7.90
4L 1.00 37.1 1772.0 164.7 6.70
52.9 2525.0 185.1 3.90
5L 0.71 52.9 1792.8 160.8 3.10
68.9 2337.5 184.6 1.00
71.4 2421.9 181.2 0.50
73.9 2506.3 177.9 0.00 LEVEL ROAD
76.7 2600.0 173.5 -0.60 RATED RPM
STARTING/TOPGEARPERFORMANCE
Gear Trans Veh Spd Eng Spd Whl Pwr Grade Warn Notes
Ratio (mph) (rpm) (hp) (%) Msg
1 C 3.10 0.0 0.0 54.00 STALL
9.8 154.2 29.90 80% EFF - Calculated Start Ability
THE TRANSMISSION WAS SIMULATED IN PERFORMANCE OPERATING MODE.
11 Proposal: 12502 -03
INTERNATIONAL�
t
n
�
v
0
0
n
tA
0
�
t �.� ��s
0
>
Perfomance TCAPE Summarv
2008 4300 SBA LP 4X2 (MH025)
ACCELERATION PERFORMANCE RESULTS
Acceleration Performance Grid
Acceleration Performance Grid
a 5 io is zo 25
Ttme (sec�)
October 08, 2007
1500
O
1000 �
0
•
�
500 �
�
�
30
Acceleration Performance: TIME TO ACCELERATE ON A 0.00% GRADE TO 55.0 (MPH) IS 30.45 (SECS)
Acceleration Performance Details
Gear Time Distance Speed Notes
(secs) (feet) (mph)
1 0.17 0.1 1.0
0.31 0.4 2.0
0.42 0.8 3.0
0.53 1.4 4.0
0.65 2.2 5.0
0.78 3.2 6.0
0.91 4.5 7.0
1.06 6.2 8.0
1.23 8.2 9.0
2 1.35 9.8 9.7
1.62 13.9 10.7
1.88 18.1 11.7
2.12 22.4 12.7
2.37 27.3 13.7
2.63 32.7 14.7
2.91 38.8 15.7
3.20 45.7 16.7
3.50 53.2 17.7
3.81 61.6 18.7
3 4.01 67.0 19.2
4.42 78.9 20.2
4.83 91.3 21.2
5.24 104.4 22.2
5.65 118.2 23.2
6.07 132.7 24.2
6.50 148.3 25.2
6.94 165.0 26.2
7.40 183.3 27.2
7.90 203.4 28.2
4 8.00 207.5 28.4
8.51 229.0 29.4
9.02 251.6 30.4
12 Proposal: 12502 -03
INTERNATIONAL� Perfomance TCAPE Summarv October 08, 2007
2008 4300 SBA LP 4X2 (MH025)
Gear Time Distance Speed Notes
(secs) (feet) (mph)
9.54 275.3 31.4
10.08 300.4 32.4
10.63 327.0 33.4
11.20 355.6 34.4
11.81 386.6 35.4
12.45 420.2 36.4
5 12.89 444.4 37.1
13.64 485.6 38.1
14.40 528.3 39.1
15.16 572.4 40.1
15.92 618.1 41.1
16.70 665.4 42.1
17.49 714.8 43.1
18.30 766.6 44.1
19.13 821.0 45.1
19.98 878.1 46.1
20.87 938.7 47.1
21.80 1003.3 48.1
22.77 1072.8 49.1
23.80 1147.9 50.1
24.90 1229.2 51.1
26.06 1317.4 52.1
6 27.01 1390.5 52.9
28.60 1514.3 53.9
30.22 1643.8 54.9
30.45 1662.2 55.0
13 Proposal: 12502 -03
INTERNATIONAL� Perfomance TCAPE Summarv October 08, 2007
2008 4300 SBA LP 4X2 (MH025)
TCAPE Factors For Vehicle
Selected Rear Axle Gear Ratio(s):
Vehicle Vocation:
Road Surface Type:
Enroute PTO:
Transmission Mode:
Fuel Economy Route:
ID Wheel Slip Conditions:
Engine Fan Type:
Parked PTO:
Road Governor/Cruise Ctrl:
Acceleration Grade (%):
Alternator (A):
Frontal Area (FT2):
Air Compressor (HP):
Vehicle Height (IN):
Steering Gear (HP):
Air Conditioner (HP):
Weight on Drive Axle (LBF):
Acceleration Vehicle Spd (MPH):
Speed Limit on Route (MPH):
Vehicle Width (IN):
Relative Drag Coefficient:
TIRE, FRONT
TIRE, REAR
Components
0002ADL
0004SBC
0005PSA
0008G DY
0012NSM
0012THT
0013ALU
0014AGE
0016030
0016WKB
07689453253
07689453253
REQUIRED TCAPE INFORMATION
4.63
GENERAL ON HIGHWAY
TYPICAL
NO
Performance
Normal Route - City, Suburban
Yes
VISCOUS
NO
No
0.0
40
96
2.20
144
2.60
3.20
17500
55.0
61.0
96
85
2 - RADIAL LOWPROFILE
4 - RADIAL LOWPROFILE
and Highway
AXLE, FRONT NON-DRIVING {International I-100S} I-Beam Type, 9,000-Ib Capacity
AIR COMPRESSOR {Bendix Tu-Flo 550} 13.2 CFM Capacity
STEERING GEAR {Sheppard M-100} Power
ALTERNATOR {Leece-Neville 4949PA} Brush Type; 12 Volt 270 Amp. Capacity, Pad Mounted
ENGINE, DIESEL {International MaxxForce OT} 50 State, 225 HP, 560 Ib-ft Torque @ 1400 RPM, 2600 RPM Governed
Speed, # 2 Bell Housing
FAN DRIVE {Horton Drivemaster} "Two Speed" Direct Drive, With Residual Torque Device for Disengaged Fan Speed
TRANSMISSION, AUTOMATIC {ALLISON 2200 EVS_P} 4th Generation Controls; Close Ratio, 5-Speed, With
Overdrive; Includes Park Pawl, With PTO Provision, Less Retarder, With 26,000-Ib GVW & GCW Max.
AXLE, REAR, SINGLE {Dana Spicer 17060S} Single Reduction, 17,500-Ib Capacity, With 190 Wheel Ends
CAB Conventional
AIR CONDITIONER {International Blend-Air} With Integral Heater & Defroster
TIRE, FRONT 245/70R19.5 XZE (MICHELIN) 619 rev/mile, load range H, 16 ply 245/70R19.5 XZE (MICHELIN) 619
rev/mile, load range H, 16 ply
TIRE, REAR 245/70R19.5 XZE (MICHELIN) 619 rev/mile, loaci range H, 16 ply 245/70R19.5 XZE (MICHELIN) 619 rev/
mile, load range H, 16 ply
TCAPE HAS BEEN DESIGNED TO GIVE ECONOMY AND PERFORMANCE PREDICTIONS WHICH HAVE BEEN SHOWN TO BE
TYPICAL FOR MOST OPERATIONS. HOWEVER, DUE TO OPERATING CONDITIONS, DRIVER INFLUENCES, AND OTHER
FACTORS, YOUR RESULTS MAY VARY FROM THOSE PREDICTED. ALSO, BECAUSE OF FUEL MAPPING PROCEDURES USED
BY VARIOUS ENGINE MANUFACTURERS, COMPARISONS OF FUEL ECONOMY RESULTS FOR DIFFERENT BRANDS OF
ENGINES MAY VARY FROM THOSE SHOWN.
INTERNATIONAL TRUCK AND ENGINE CORPORATION SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE,
INTERRUPTION OF BUSINESS OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT ARE
INCURRED BY DEALER OR BY DEALER'S CUSTOMERS AS A RESULT OF RELIANCE ON TCAPE, WHETHER THE CLAIM IS IN
CONTRACT,TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
14 Proposal: 12502 -03
QUOTATION Ten-8 Fire Equipment, Inc.
Palm Beach Gardens Fire Rescue
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Ten - 8 Fire Equipment, Inc.
Cindy Morgan
2904 59th Ave Dr. East
Bradenton,FL.34203-5312
321-206-3342
321-251-7984
Exp. Date: 01/14/2008
AMBULANCE: AD-170 AD-170, 170" x 96",Type I
, �, ,, . ,-,,,,.-, „ . ., ,,,,,,, ,,,,,,, , , , ,„ , ., ., .
PDF created with pdfFactory trial version www.pdffactorv.com
12/14/2007 Quote No: 1000-0001 / Job/Order No: Paqe 2
the streetside rear door�amb switch.
Wire battery hot at all times.
Red indicator light in front console to
indicate low PSI.
A dump cancel switch installed by the
passenger rear entry door.
14-02-0000 ' ' * CHASSIS COMPONENTS ' ` '
14-08-0400 Fuel System Capacity, 50 Gallon, FMVSS 301
14-12-0600 Front & Rear Tires, 245/70R19.5
INSTRUCTIONS:
Steel belted 12-ply radials with all season tread.
Load range (F). Spare tire ships loose.
14-16-1400 Rear AxIe,15,500# w/12,000# Air Suspension & Shock Absorbers
14-18-1600 Sway Bar, None Required (AD-166/170)
14-24-99AA XU Auto Throttle, Kussmaul 091-84
16-02-0000 ' ' ' CHASSIS INTERIOR COMPONENTS " ' '
16-02-0200 Driver's Compartment Appointments, Navistar 4300 LP
16-12-0400 Bulkhead Cab Wall, OEM Wall To Match Dash
16-14-0400 Cab Sign, "No Smoking, Oxygen Equipped" &"Fasten Seatbelts"
INSTRUCTION; (1) on top of floor console, at rearward edge, toward walkthru.
16-20-0400 S Map Box, On Cab Floor
INSTRUCTION:
»» Make mapbox same width as front console. ««
On the cab floor, between the driver and passenger seats.
(2) large cupholders - on forward side.
(3) adjustable plexiglass dividers, to run from front to back - on rearward side.
SEE PRINT
16-21-0000 S Battery Switch - Cole Hersee on/off switch ILOS timer system
OEM Keep-alive circuits should not be included in the battery switch controls.
16-25-99AA XU Hard cover over breakers in chassis cab
Install ADP cover over breakers in chassis
' ' ' CHASSIS EXTERIOR ACCESSORIES " ` '
18-04-99AA XU Bumper Extension, 12" ADP
ADP bumper extension cover install 12" ADP extension/reinforced area. There will be a
Federal Q2B siren mounted in the front of the bumper. Also the Rotorays light will be mounted
on the top of the bumper extension in the center.
18-06-9700 Delete Wheel Simulators, Leave All Wheels OEM Colar
INSTRUCTION:
DO NOT PAINT THE WHEEL SIMS
1
1
1
18-12-0200 Tire Fill Extensions (4) Dicor, For Rear Inside/Outside Tire I 1
18-18-0200 S Mirrors,OEM 1
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12/14/2007 Quote No: 1000-0001 / Job/Order No: Paqe 3
``' 12 VOLT ELECTRICAL SYSTEMS AND COMPONENTS '''
20-02-0200 Vehicle Wiring, Type I, Class I
20-04-0200 Alternator, Leece Neville 270 Amp - With Warranty
20-06-0200 Wiring Module, Angled Electrical Cabinet
21-02-0000 Portable Equipment Charging Circuits
INSTRUCTION:
(1) 20 amp circuit breaker.
Run power wires from drivers seatbase to:
(1) Circuit (power & ground) to front console -
labeled on both ends: "Portable Equipment Charging Circuit".
(1) Circuit (power & ground) to behind rear switch panel -
labeled on both ends: "Portable Equipment Charging Circuit".
(Requires optional inverter or battery charger for full function.)
22-02-0600 Sequencer/Load Manager, Main Master Emergency Functions
INSTRUCTIONS:
Medtec sequencer and load manager.
Standard shedding sequence.
22-04-1400 Front Console, Engine Cover Mount (Rocker Type)
INSTRUCTION:
- Install Rocker style switch panel in dash.
- Delete Medtec logo and heartbeat.
- Relocate OEM 12 volt outlet from front switch panel, to passenger side of front console.
- Relocate "Filter Minder" from front switch panel, to under hood onto air cleaner (see Dale
Jacobs for reorder info, for correct gauge)
SEE PRINT
22-07-99AA XU 4" red dome light in ceiling
red light in ceiling of the cab, centered between driver and passenger. 4" dome for reading,
switch at light only.
22-12-0600 S Pre-Wire for Firecom Headsets
Wiring to be dealer supplied (approx. 80 feet neede�).
Pre-Wiring for headsets - drivers side cab, passenger side cab and 1st A/A. Install a S/S cover
plate in the Action Area - between thermostat and customer supplied radio head.
Wiring Received
22-12-99AA XU Radio, Install Customer Supplied, In Front Console
Radio head installed in front console (rearward of s�ren). Install and supply power but do not
connect power , to be left for liscensed radio technician at customer/ dlr location.
Amp installed in cab, behind the driver's seat - when mounted, amp is NOT to interfere with
seat movement.
Speaker mounted on rearmost end of front console - facing upward.
Cable to run from behind driver's seat -(1) end to terminate at the radio head in the front
console and (1) end to terminate at the radio head in the 1st action area.
Received:
1
24-02-1800 (3) Batteries, 1950 CCA 1
INSTRUCTION:
All (3) OEM batteries in the OEM location
24-08-0600 Battery Conditioner, Inteli-Power #PD9145A, 45 Amp, Dual
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12/14/2007 Quote No: 1000-0001 / Job/Order No:
LOCATION: D2 on forward wall with cage
wire to shoreline
24-11-99AA U Wire Hot - chassis supplied 12V cig. lighter
24-12-0400 S Outlets, (2) - 12 Volt, Cigarette Style, lst AA & 2nd AA
INSTRUCTION:
(1) in 2nd action area
(1) on 1st action area wall
Standard on ALS is deleted.
Install stainless steel coverplates
SEE PRINTS
Pape 4
1
1
24-12-3400 Additional 12 Volt Prewire, Coiled I 1
LOCATION:At Head end of Bench for Portable Suct high up on wall.
26-10-1200 S Shoreline,20 Amp Kussmaul Super Auto-Eject, rear
INSTRUCTION:
(1) 115 volt 20 amp. (60Hz) Kussmaul Super Auto-eject
Water-tight cover.
LOCATI ON :
below the right rear taillight assembly in the ADP kickplate panel.
26-16-2600 S Outlets, (3) Interior, 115 Volt AC
LOCATION:
(1) in over squad bench
(1) in lst action area
(1) in 2nd action area
install stainless steel coverplates
1
1
26-26-99AA XU Spotlight, Federal Visibeam 100 watt Remote Spotlight ILOS 1
40' cable installed as necessary. Mount centered on the alum pedestal on top of the lightbar.
Interior control panel to be located on the dash passenger side. Ref 6957.
' ' ' AUDIO WARNING DEVICES ' ' "
28-02-1400 Siren, Federal, #PA300MSC
Install siren in overhead CB hole.
Install the PA Microphone at final inspection
Brake switch installed in front switch panel position 8'Siren Brake"
�
�
28-06-9900 S Speaker, (2) Federal MS100 Speakers for PA300 Siren 1
(2) MS100 speakers behind the bumper.
Install the speakers in the center area - next to and alongside, the federal Q2B siren.
28-08-0800 S Air Horn, (2) Grover Stuttertone, Front Side Fenders
INSTRUCTION:
»» ORDERED WITH CHASSIS ««
OEM air system compressor and air Resevoir.
Install Check Valve Between Air Horns & Air Resevoir.
28-10-0200 S Horn Ring Switch - DELETED
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�
�
12/14/2007 Quote No: 1000-0001 / Job/Or�er No: Paqe 5
INSTRUCTION:
Delete the Siren/Horn switch from front switch panel.
OEM horn works through switch on steering wheel only.
28-10-0400 S Foot Pedal Switch, Driver's Side, Q26 Siren 1
LOCATION:
Driver's side floor of Int chassis
28-10-0600 S Foot Pedal Switch, Passenger Side, Q2B
LOCATI ON :
Passeger's side floor of Int chassis
�
28-10-1200 S Lanyard, Air Horn Activation 1
LOCATION:
Leave minimal slack in the chain.
OEM chassis cab roof , center location for attendant usage with left hand
LOCATION:
28-12-0400 S Siren, Mechanical Q2B - Recess Mounted In Front Bumper 1
INSTRUCTION:
Break switch located in front console.
Installed through the reinforced front bumper.
The wiring loops for this, shall be inward and not exposed to the opening in the bumper.
28-14-0400 Backup Alarm, Preco #230 WITHOUT Auto Reset Switch 1
INSTRUCTION:
AUTOMATIC RESET CANCEL SWITCH DELETED.
29-00-0600 S Back-up Camera & Monitor, Safety Vision, SV-CLCD-65-620 Kit 1
Camer Monitor mount on cab front console
Safety Vision TFTLCD rear vision camera (color) Model SV-CLCD-65
Monitor surface mounted on switch pane, in bottom left corner - below switches. (OEM 12 volt
and Air filter gauge relocated - see part #22-04-14.)
Exterior camera RECESS mounted on upper rear of module box - below 700 series light.
' ' * VISUAL WARNING DEVICES ' ' `
30-03-1000 S Clearance Lights, LED, (11) With Chrome Bezel
INSTRUCTION:
(4) lights - two on each side, of upper body corner extrusions.
(5) on the rear and (2) on the front, upper body extrusions.
Note: Additional clearance lights installed - one at the end of each of the rear lightbar
platforms - ref. #5468 #6957
Modify platform of lightbar to accommodate clearance lights.
1
�
30-08-99AA XU Roto Rays Light (LED) - On Extended Front Bumper 1
Roto Rays - phone #703-437-3353
(2) Red &(1) Clear LED Model 1000W lights on Roto Ray
Mount this light system centered on the front bumper ADP platform. This system wiil include
the Roto Rays pedestal mount feature.
(1) Switch in front switch panel labeled RotoRay.
(Ref to previous unit photos for mounting guidance)
30-09-1400 S Lights, Whelen 900 LED, Stop/Tail/Turn With Arrow
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0
12/14/2007 Quote No: 1000-0001 / Job/Order No: Paqe 6
With No Flanges.
Backup lights - halogen.
Lights on rear of module box, stacked
SEE PRINT
30-12-0000 CHASSIS GRILLE LIGHTS 1
30-14-1000 S Grille Lights, (2) Whelen Super 900 Red LED, Red Lenses 1
INSTRUCTION:
Without Flange
Mounted with a bracket to backside of grille - just like previous unit #5469 #6957
30-18-0000 INTERSECTION LIGHTS 1
30-18-1600 S Intersector Lights, (2) Whelen 700 Red Super LED/Lenses 1
INSTRUCTION: Without Flange
30-20-99AA XU Rear WheelWell, Whelen 900 Super Amber LED, Amber Lenses 1
Without Flange
Locate one on each side over the forward section of the rear wheel wells. Locate above and
forward of the LED turn arrow signals.
TOP OF LIGHT TO BE EVEN WITH TOP OF D-2 COMPARTMENT - AND HEIGHT TO MATCH ON
LIGHT ON CURBSIDE OF UNIT.
These LED lights are surface mount. Do not cut out more than a single hole for wires.
30-30-0000 �IGHTBARS - FRONT OF VEHICLE 1
30-30-9900 S Front Lightbar - Federal ADX7250(Solaris Aerodynic LED) 1
INSTRUCTION:
Mount lightbar on the chassis roof (anticipating Visibeam spotlight mount).
Lightbar to match Pierce P/N 1773514. (WBR 7/17/07)
(1) switch in front switch panel - to control THE FRONT LIGHTBAR AND BOTH REAR LIGHTBARS.
SEE PRINT
32-02-0000 FRONT OF BODY LIGHTS
32-02-2600 S Front Body Lights, (2) Whelen 900 (2) Super Red LED/Lenses
INSTRUCTION:
Without Flange
(2) Super LED - Red lenses on upper front corners.
Mount high - just under the drip rail.
These LED lights are surface mount. Do not cut out more than required hole for wires.
32-12-0000 SIDE OF BODY WARNING LIGHTS
32-16-0200 S Side Body Lights, (4) Whelen 900 Super Red LED, Red Lenses
LOCATION:
Without Flange
Mount high - just under the drip rail.
THERE MUST BE A MINIMUM OF 10" BETWEEN SIDE SCENE LIGHTS AND SIDE WARNING LIGHTS.
(2) Streetside, (2) Curbside
These LED lights are surface mount. Do not cut out more than required hole for wires.
32-18-0600 S Side Turn Lights, Whelen 700 Red LED
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12/14/2007 Quote No: 1000-0001 / Job/Order No: Paqe 7
INSTRUCTION:
Without Flange
Red Lenses.
(1) Each side of body at rear.
Steady burn with DOT lights.
Flash with turn signals.
32-20-9900 S Rear Wheel Well Lights, (2) Whelen Side Turn Lights
LOCATION:
Whelen 700 LED - Without Flange.
Amber Turn Arrow
Mounted over rear wheelwells.
32-22-0000 SIDE SCENE LIGHTS
32-22-0600 S Scene Lights, (4) Whelen 900 Opti-Scene 8-32 degree
INSTRUCTION:
Without Flange
(2) Streetside
(2) Curbside
(1) switch in front switch panel, for each side.
Mount high - just under the drip rail.
THERE MUST BE A MINIMUM OF 10" BETWEEN SIDE SCENE LIGHTS AND SIDE WARNING LIGHTS.
32-24-0200 Scene Light Activation - Standard
INSTRUCTION:
Curbside scene lights to activate with side entry door.
Rearmost scene lights to activate in reverse.
34-02-0000
34-06-9800
REAR BODY LIGHTS
S Rear Lightbars, (2) Federal ADX2201 Upper Corners
INSTRUCTION:
Mount on rear of module box, in upper rear, outer corners.
Mount on aluminum wedge brackets. Modify aluminum wedge brackets - to accommodate
clearance lights.
(8) Red LEDs (4 upper and 4 lower)
Forward, Rearward, & Side Lense Colors: ALL RED
(1) switch in front switch panel to control, THE FRONT LIGHTBAR AND BOTH REAR LIGHTBARS.
34-08-0600 S Load Lights, (1) Upper, Whelen 900 Opti-Scene
INSTRUCTION:
Without Flange
Centered above rear entry doors.
Activate with rear entry doors and reverse.
(1) On/off switch in the front switch panel.
34-16-1000 S Rear Body Lights, (2) Upper Mid-Height, Whelen 900 Super LED
Without Flange
Amber Super LED with Amber lenses
Mount top of lights at same level as top of entry doors
SEE PRINTS
These LED lights are surface mount. Do not cut out rnore than required hole for wires.
34-22-0600 S Rear Body Lights, (2) Lower Mid-Height, Whelen 900 Super LED
Without Flange
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12/14/2007 Quote No: 1000-0001 / Job/Order No: Paqe 8
Amber Super LED with Amber lenses
To shine through rear windows when doors are open.
Mount bottom of lights at same height, as bottom of windows
SEE PRINTS
These LED lights are surface mount. Do not cut out more than required hole for wires.
34-38-0400 S Warning Light Flash Requirements, Special Flash Pattern
INSTRUCTION:
Front:
Upper corner lights and grille lights to "X" flash.
Rear:
Window level lights and upper corner lights to "X" flash.
Sides:
Upper forward warning light and rear wheelwell light to flash together, and these are to both
flash opposite of Upper rearward warning light and front fender intersector light.
ALL LIGHTS LABELED "1" TO FLASH AT SAME TIME
ALL LIGHTS LABELED "2" TO FLASH AT SAME TIME - OPPOSITE OF THE "1 "s - ACCORDING TO
WHAT IS LISTED ABOVE.
SEE PRINTS
36-09-0400 Park Override
INSTRUCTION:
Without reset switch in front console.
Park override for front lightbar.
36-16-9900 XU Entry Door Flashing Whelen Super 500 Set of 3
Add one amber Super 500 flashing light (with flange) to the lower section of each entry door
opposite the hinge. This light to be activated by the opening of the door.
"'' BODY DESIGN AND CONSTRUCTION COMPONENTS "''
1
40-02-1400 S Body Design & Construction, Alum, 170" L x 95.5" H 1
40-07-0200 Compartment & Entry Doors With Recessed Door Liner 1
40-08-1000 Exterior Compartment Depth, 20.75" 1
40-10-0800 Insulation,Dolphin Protective Coat, Spray Foam All 1
LOCATION:
Spray Foam module floor, walls, ceiling, sides and bottom of stepwell.
40-12-0200 Heat Shields, 18 ga. Galvanized Steel, Vapor Barrier I 1
LOCATION:
Below Subfloor and to bottom of floor tubes
40-12-1200 Fender Insulator, Flash Patch Liner, Over Rear Wheelwells
40-14-0200 Cab Connection, Neoprene Gasket w/Grade 8 Bolts
40-18-0600 Body Mounting, Isomount Technique, 3/4" x 6" Alum, 16-Bolt
INSTRUCTION:
3/4" x 6" alum plates, sixteen (16) bolts.
Bolts and paired rubber isolators with steel cap and collared
mounting nut for each chassis mounting point.
PDF created with pdfFactory trial version www.pdffactorv.com
1
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12/14/2007 Quote No: 1000-0001 / Job/Order No: Page 9
40-20-3700
S EXTERIOR "A" COMPARTMENTS - LEFT SIDE (74" Headroom)
LOCATION:
Exterior compartments, driver side.
40-26-0700 S D1, Exterior Compartment, 20" W x 65" H
40-32-0200 D1, Door, Solid, Vertically Hinged
42-04-3100 S D2, Exterior Compartment, 46" W x 40" H
42-08-0200 D2, Doors, Double, Solid, Vertically Hinged
42-10-2400 S D3, Exterior Compartment, Not Required At This Time
42-16-5600
42-18-0200
44-04-6600
S D4, Exterior Compartment, 43" W x 40" H
D4, Doors, Double Solid, Vertically Hinged
S P2, Exterior Compartment, 21" W Not Required At This Time
44-12-3600 Side Entry Door, 32" W x 74" H With Fire Grade ADP Step
44-14-3400 Door Panel, Side Entry,Three-Piece,Formica & Stainless Steel
INSTRUCTION:
Upper - Formica
Center - Stainless
Lower - Stainless
Formica color to match interior.
44-16-1000 (2) Gloveboxes, Above Side Entry Door
INSTRUCTION:
Recessedinto headpad.
Flip up plexiglas doors.
44-16-1200 Assist Handle,Brey Krause, Side Entry, 1.25" O.D. x 45 Deg
LOCATION:
Interior of side entry door.
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44-20-4800 S P1 Exterior Compartment, 34" w x 29" h 1
Compartment with inside/outside access to squad bench. Notch in the compartment for sharps
and waste cleanout.
Located rearward of side entry door.
44-22-0200 S P1 Door, Solid, Vertically Hinged Door 1
44-28-2100 S P4 Exterior Compartment, 12" W x 29" H 1
Compartment to have inside/outside access to squad bench. Compartment to hold 3"D"
cylinders standing.
44-30-0200 S P4 Door, Solid, Vertically Hinged 1
44-32-2800 S P5 Exterior Compartment, 30" W x 70" H 1
INSTRUCTION:
Lined with smooth aluminum. Inside of compartment to be 78" to allow backboards to fit,
floor to be sweepout. The top area of the compartment will keep the backboards from falling
out of the compartment.
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12/14/2007 Quote No: 1000-0001 / Job/Order No: Page 10
44-34-0200 S P5 Door, Double Solid, Vertically Hinged 1
45-34-99AA U R1, Rear Compartment Located Under Rear poors 1
INSTRUCTION:
Door is " W x 13" H- Compartment is 26" W x 11" H x 26" D. Do Not cover tow hooks.
Fold-down (hinged at bottom) flush mounted door. Door will have (1) paddle handle latches
and pins.
Standard Litco light in this compartment.
INSTALL BUBBLE STYLE GASKET AROUND DOOR OF THIS COMPARTMENT - TO PREVENT DIRT AND
WATER FROM GETTING IN. Triple wine rack to hold (3) Scott 45 minute air bottles.
48-12-0000 '' REAR BODY PATIENT ENTRY DOORS ''
48-12-1000 Rear Entry Doors, 50" W x 63" H, Dual Tri-Mark Handles
INSTRUCTION:
Driver side - non-locking.
Passenger side - locking.
48-14-3400 Door Panel, Rear Entry Doors,Three-Piece,Formica & Stainless
INSTRUCTION:
Upper - Formica
Center - Stainless
Lower - Stainless
Formica color to match interior.
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48-16-0800 Assist Handle,Brey Krause, Rear Entry, 1.25" x 45 Degree 1
LOCATION:
Interior of rear entry door.
49-00-0000 ' ' WINDOWS ' `
49-02-0200 Sliding Window, Side Entry Door, OEM Tinted Glass
INSTRUCTION:
(1) 18" x 19"
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49-04-0200 Fixed Window, Rear Entry Door, OEM Tinted Glass 1
INSTRUCTION:
(2) 18" x 19"
49-06-0400 Fixed Window, 36"W x 18"H, With OEM Tinted Glass 1
LOCATION:
Curbside body over rear wheelwell
49-06-1400 Privacy Slide, Over Side Body Window
INSTRUCTION:
Install privacy slide over window above squad bench.
Writing surface color: Polished Fog #961-90
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`"' EXTERIOR COMPARTMENT COMPONENTS ''' I 1
50-00-0500 Exterior Compartments, ADP With "Sweep Out" Design 1
Except P5 which is smooth aluminum.
50-02-0200 Exterior Compartments, Gas Charged Door Hold Opens
LOCATION :
On exterior compartment doors.
Spring cam hold open on side entry door.
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12/14/2007
50 -0Z 0600
50-03-0000
50-04-0400
50-06-0000
50-06-0400
50-06-1200
50-06-1600
Quote No: 1000-0001 / Job/Order No:
� • � •
Exterior Compartment Doors, Tri-Mark Handles
INSTRUCTION:
Tri-Mark paddle latches keyed alike.
Exterior 02 Vent - On 02 Compartment Door
INSTRUCTION:
(1) #1031 0/2 vent - exterior compt. door - of 0/2 compt.
(1) small black plastic vent - interior of compt. door on door liner.
Exterior Compartments, Black Dri-Deck On Floor & Shelves
Rear Ooor Grabbers, Cast Products "Grabber"
INSTRUCTION:
Bottom of rear entry doors.
Door Seals, Automotive Closed Cell Gasket
LOCATION:
Exterior compartments & entry doors
Power poor Lock System, All Doors - Compartment and Entry
INSTRUCTION:
Except drawers.
Install power door locks with switch in front switch panel.
All Power door locks, to work with key pads and key fobs.
S Power poar Lock Switch, (1) Additional, Exterior Hidden
LOCATION: below D1 compartment under drivers side front corner of module
install a weatherproof cover over the weatherproof switch
wire HOT all the time
50-06-4200 S Wire Power poor Locks To OEM Chassis Door Locks
50-06-99AA XU Key Fobs, Qty. (3)
50-07-0300 Stainless Steel Door Sills - All Exterior Compartments
INSTRUCTION:
On upper ledge.
Pa e 11
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50 08-0200 Exterior Compartment Lights, Litco
INSTRUCTION:
Activated by compartment doors.
50-10-1000 D1, (1) 02 Tank Mount, Zico #QR-OTS-MR Bracket-"M" Type
INSTRUCTION;
Install switch in 0/2 compartment wall.
Install 0/2 bracket instruction plate, on O/2 compartment door liner.
-electric interlock installed to prevent movement of bracket when vehicle air suspension is
dumped
50-14-0200 D2, (1) Adjustable Shelf
50-16-1700 D4, (1) Ad�ustabte Shelf
50-18-2400 S P5 (2) Vertical Full Height Backboard Dividers, Lynex Coate
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12/14/2007 Quote No: 1000-0001 / Job/Order No: Paqe 12
LOCATION:
Left side & right side of P-5 compartment.
50-18-3100 S P5 Fixed Shelves 4
(3) 8.5" w attached to the forward vertical divider and front wall. locate as follows 17.5" from
floor, 17.5" above first shelf, and 17.5" above seconci fixed shelf.
(1) 9" w located 41" from the floor attached to the rearward divider and rearmost wall.
50-24-0600 Grab Rail, 16" - To The Left Of Side Entry Door
50-27-0400 Weld & Finish Side Seams
50-32-0800 Bumper, Rear With 7" Diamond Back Flip Step
Full width ADP kickplate.
50-34-0600 Bumper Pods, Cast Aluminum With Logo
50-36-1400 Tow Eyes On Rear, Recessed Into Kick Plate
finish out with Cast products bezel.
CPI part number
50-38-0600 Body Protection, Rear Mudflaps &"C" Channel Rubrails
"Pierce" style "C" channel rubrails
50-40-0200 S Fuel Entry and Step, Passenger Side Under Cab Door, ADP
Firegrade ADP fuel tank cover with Diamond Back inserts.
Fab part #TG0041
50-42-2000 Stoneguards, ADP, 30" Front - 16.5" Rear
50-44-0200 Fenderettes, Rear, Stainless Steel
50-45-0400 S Battery Cover and Step, Under Driver Cab Door, ADP
Firegrade ADP Battery cover with Diamond Back inserts.
Fab part #T00057J
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50-46-0800 S License Plate Holder #LP0002-1, Recessed On Driver's Side 1
LOCATION: in ADP on Drivers side.
With (2) top lights.
Rear drivers side, below turn signal.
50-48-0200 Mudflaps On Rear, With Manufacturer's Logo 1
50-50-0200 Ziebart Undercoating, Chassis & Body (Standard) 1
''' INTERIOR PATIENT COMPARTMENT COMPONENTS '`' 1
52-05-0400 Cabinet Glass - Clear Acrylic 1/4" Plexiglas 1
52-11-0600 Cabinetry, Patient Compt, Wood With Formica (Radius)
INSTRUCTfON:
-- 5" RADIUS CORNERS --
Upper corners of streetside cabinets.
Comer on sq�iad ovcrhead cabinet.
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12/14/2007 Quote No: 1000-0001 / Job/Order No: Paqe 13
52-18-1400
52-18-1600
52-24-0200
52-26-0200
52-28-0600
52-32-0200
52-36-0600
No radius on ALS
Countertops, Corian Brand, 1st Action Area
INSTRUCTION:
Secure with velcro
Countertops, Corian Brand, 2nd Action Area
INSTRUCTION:
Secure with velcro
Countertop Color, Corian, lst AA, Glacier White
Countertop Color, Corian, 2nd AA, Glacier White
S Flourescents, (3) 39" Thinlite's
INSTRUCTION:
A three-minute time delay system activated by the patient entry doors.
(3) Thinlite brand 39" fluorescent lights to be installed.
(1) On/off switch in the rear switch panel, for all lights.
Install between T3 - T4, T6 - T7, T9 - T10
Ceiling In Patient Compt, Pads Over Center Access
INSTRUCTION:
The ceiling to have access to antennae bases/leads.
Covered by center ceiling pads.
Thinlite Light, 18" - Surface Mount In lst Action Area
52-48-0400 S Timer System For Fluorescent Lights - Momentary
INSTRUCTION:
(1) Momentary switch installed on curbside wall, beside side entry door.
Timer to shut off after 10 minutes.
52-54-2200 Flooring, With 5" Roll-up
52-60-9900 S Rear Threshold - 12" deep Stainless Steel Plate
INSTRUCTION:
Install skid tape over screw heads. Install across the floor at the rear doors.
52-62-1800 S Interior Risers On Squad Bench & Streetside, Standard Height
INSTRUCTION:
Standard Height stainless steel on;
- the squad bench face and end
- the lower section of the streetside cabinet, tojust below the bottom of the T-bar.
Stainless Steel
53-02-1400
53-03-0400
• ' 'INTERIOR COLOR SECTION ' ' "
Formica Color, Mouse Graffix (#508) (Grey/White)
Polished Formica Finish
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12/14/2007 Quote No: 1000-0001 / Job/Order No: Paqe 14
53-06-4400
53-33-0600
54-02-3800
54-04-0200
54-08-1000
54-12-0200
54-14-0400
Flooring Color, Onyx #150, LonCoin II Flecks (Black)
Upholstery Color, Wedgewood #MV103 (Lt. Blue/Grey)
* " STREETSIDE CABINETS - PATIENT COMPARTMENT * ' '
Sect 1- 1st Action Area With 3/4" Lip
S Sect 1, Action Area Control Panel, Hinged Cabinet
INSTRUCTION:
Rocker style switch panel.
Hinge the rear switch panel at the streetside wall to permit it to fold out and install cable
stops on cabinet so that panel does not rest on countertop. The electrical board and
components will be installed on this panel. The face of the switch panel shall be straight from
the front to rear (no angle). (2) paddle latches with key lock on panel per Sam B.
Sect 1, Radio, Customer Supplied, Install In 1st Action Area
INSTRUCTION:
Install a customer supplied radio head and cable syst:em in the 1st action area.
Speaker installed in 1st action area, on underside of drop down, just rearward of customer
supplied radio.
Received :
Sect 1, Trintec Clock, 3.5" Battery Operated, 1st AA Angled
INSTRUCTION:
Install a battery operated 3.5" Trintec clock with second hand,
mounted on the flip down electrical panel.
Sect 1, Speakers For Radio, In Rear Ceiling
INSTRUCTION:
(2) rear speakers in ceiling.
Volume control (fader) in 1st action area.
54-16-2600 Sect 1, 1st Action Area Overhead Cabinet
INSTRUCTION:
Fixed center divider and (1) adjustable shelf on each side.
54-18-0600 Sect 1, Restocking Plexiglas Doors On Overhead Cabinet
LOCATION:
On the cabinet above 1st action area.
54-20-0200 Sect 1, Handles, Full Length Aluminum
LOCATION:
On the cabinet above lst action area.
54-26-4500 S Sect 1, Writing Tray, Heisler
INSTRUCTION:
with round Southco s/s positive latch
54-36-3200 S Sect 1/2, No Cabinet Below 1st AA At This Time
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12/14/2007
.,. �
54-48-100C
56-02-0400
56-04-0400
56-06-0500
56-08-0400
56-26-0400
58-02-0800
58-04-0600
Quote No: 1000-0001 / Job/Order No: Pa e 15
► � . . � �
S Sect 1, Drop-In Sharps In Action Area 1
INSTRUCTION:
No lid - top access to be all open. NO PLEXIGLAS.
Install velcro style restraint - to hold container in place.
Provide & install customer supplied container (6" W x 10 3/8" L x 8 1/8" H including neck).
Container Received
S Sect 2, Cabinet Under 2nd A/A
INSTRUCTION:
Rearward of the CPR seat with sliding p�exiglas doors with full length pull handles. Build as
tall as possible.
S Sect 2, Single Cabinet Above CPR Seat, 14" H
Sect 2, Sliding Plexiglass Doors On Cabinet Above CPR
Sect 2, Handles, Full Length Aluminum
INSTRUCTION:
On cabinet above CPR seat.
Sect 2, 2nd Action Area With 3/4" Lip
S Sect 3, Overhead Cabinet, 21" H x 66" W, Rearward
INSTRUCTION:
Fixed center divider and (1) adjustable shelf on each side.
Sect 3, Restocking Plexiglas Doors, Rear Overhead Cabinet
58-06-0200 Sect 3, Handles, Full Length Aluminum
LOCATION:
On the upper rear streetside overhead cabinet.
58-08-0200 S Sect 3, Cabinet, 20.5" W x 23.75" H With Action Area
INSTRUCTION:
Lower rear streetside with (2) adjustable shelves. Rearward of the Norcold refrigerator.
58-30-0400 S Sect 3, Wood w/Plexiglas Insert Door , Vertically Hinged
LOCATION:
Lower rear streetside main cabinet.
58-32-1000 S Sect 3, Handles, Southco Locking Flip Latches
LOCATION:
Streetside rear.
Top and Bottom. See print.
58-32-99AA U Cam Lock on Cabinet Rearward of Norcold.
Make sure this is keyed differently than the other locks in the unit.
58 46 0400 S Sect 3,R/S Exhaust Fan, 6" W x 8" H, 240 cfm Air Flow
INSTRUCTIONS:
Install (1) standard exhaust fan - rear above doors.
Install a fan speed switch in rear switch panel.
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12/14/2007 Quote No: 1000-0001 / Job/Order No:
.,. � � . . �
59-02-1000 S Engle Refrigerator, Steady Temp
INSTRUCTION:
Wire battery hot.
60-02-0200
60-08-0400
60-10-2400
60-12-0600
•.�- .
QTY
■il
' * " BULKHEAD COMPONENTS ' « '
B1, L/S, Oxygen Compt, Interior Access With 0/2 View Window
INSTRUCTIONS:
Hinged plexiglass door for 0/2 view into D-1 compartment.
B1, Thermostat, Digital, Hoseline, #CM3000 w/ Manual Control
LOCATION:
On 1st action area wall.
S 61 /2, Cab/Body Open Area
There will be a ADP threshold built in the W/T area. Threshold to be like a box. Opening to
be approx. 33.75"W. Install a full width head panel over the walk thru center and right of the
AC system. Ref 5469.
make as wide as possible - electrical cabinet is now in action area - Ref. Key Biscayne
S B1/2, Heat/Cool Unit, Patient Compt, Hoseline 12V
INSTRUCTION:
Mounted over walkthru on angle -
Controls to be located in the rear switch panel.
60-13-99AA XU Hoseline APS 253 Ultraviolet Purification System
Ran through HVAC system.
60-14-08AA U 61 /2, A/C Condenser, Front Mounted, TMC 2004
Mount on front of module box.
63-44-0200 S B2, STANDARD - ALS Cabinet DELETED
' ' " PATIENT COMPARTMENT SEATING ` ` '
64-01-1200 Vacuumed Formed Upholstery PD & AD models
INSTRUCTION:
EVS Vacuum formed seats & backrests only.
Armrests and all trim panels to be machine stitched using EVS Companion II material.
64-04-9900 S Sect 1, Att. Seat, Flamefighter SCBA Seat
INSTRUCTION: Use Medtec vinyl to match interior of ambulance.
Flamefighter 203 with the 453 swival base.
64-06-1400 S Sect 2, CPR Seat, 24" Wide With Fold-Down Backrest
64-07-0400 Sect 2, Storage Under CPR Seat - Hinged on aisle
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12/14/2007 Quote No: 1000-0001 / Job/Order No: Paae 17
INSTRUCTION:
Seat cushion hinged at back, close to seatbelts. No paddle latch.
64-10-3600 S Sect 2/3, Squad Bench, 22" D x 97" W x 16" H 1
INSTRUCTION:
(3) lids with storage under all sections. Forward most and rear most sections to be
inside/outside access into the compartments.
Gas strut hold opens and paddle latch.
64-14-0200 Sect 2/3, Back Rests, (2) Above Squad Bench 1
(1) above side window
(1) rearward of side body window over writing surface.
64-16-0400 Sect 2, Posts and Cups, Ferno Washington, (1) Set 1
INSTRUCTION:
[1] Complete Set Ferno Washington Posts & Cups
Set-up for a FW #11 stretcher.
64-22-0400 S Sect 2, Sharps/Waste Storage - Head End of Squad Bench 1
INSTRUCTION:
Cabinet at head end of squad bench. Cabinet to be padded on top, squad bench side, aisle
side, and on stepwell side - down even with top of squad bench lids. Pad on step well side and
top of cabinet to be cutback to allow for waste storage area.
(1) Kendall #8900SA Sharps container with lid - installed on aisle side of cabinet, with access
on top of cabinet. Container will rest on top of pad by it's lip. Container will lift up and out for
remova I .
(1) Waste container (customer supplied) - curbside wall side, with a hole cut through top of
cabinet and pad, for "drop in" disposal. Container will be removed via a vertically hinged wood
door (hinged on right, aisle side), on stepwell side of cabinet. Cabinet approx. 16" H ID x 15.5"
W ID. It will have a DP-4115-SS handle and rollerball catch.
Hinged stainless steel lid with chrome "C" handle, (hinged toward side entry door) over top of
just waste container.
Customer supplied Waste (trash can) is a Rubbermaid #2956.
Container is 15" high x 14.75 " long x 10.25" W
SEE PRINTS
Container received:
''" CURBSIDE CABINETS - PATIENT COMPARTMENT *'* I 1
68-10-3200 S Sect 2/3, Squad Bench Cabinets, 14" H x 97" W, Two-Section
INSTRUCTION:
Cabinet to be divided into (2) equal sections.
Each cabinet to have fixed center divider.
0
68-12-0800 Sect 2/3, Restocking Plexiglas Doors, Sliding Flip Up 2
LOCATION:
On Squad Overhead Cabinet
68-14-1400 Sect 2/3, Handles, Full Length Aluminum 2
LOCATION:
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12/14/2007 Quote No: 1000-0001 / Job/Order No: Paqe 18
�:I:3[:�IIIIIII,
70-02-1000
70-10-0600
70-14-0400
70-17-0200
72-02-1200
r�►���a�y��r��
On the squad ovenc�ad cabinet doors.
Sect 3, No Inside/Outside Access P-5 Required At This Time
' ' ' PATIENT COMPARTMENT EQUIPMENT/COMPONENTS ' ` '
IV Holders, (4) Cast Products #2008-1, Ceiling Mounted
LOCATION :
(2) over cot between crossmembers T-4 and T-5
(1) over squad bench between crossmembers T-5 and T-6
(1) over foot area between crossmembers T-1 and T-2
Cot Mount, Ferno-Washington #175-3 Sngl Position, Removable
INSTRUCTION:
For Cot Model: 93P
(for positioning of cot mounts only)
stretcher shall be center mounted ONLY in alignment with the swivel style attedant seat. ref
#5468 #6957 for exact location. mounted for access to patient from CPR seat, do not adjust
attendant seat location.
Cot Mount Location, Center Mount
No Cot Stop Required at This Time
Assist Rails, (1) 90" x 1.25", (1) 60" x 1.25" O.D, Brey Kr
INSTRUCTION:
(1) 90"x 1.5" - over cot.
(1) 60" x 1.5 "- over squad bench.
Signs, "No Smoking Oxygen Equipped" &"Fasten Seatbelts"
LOCATION:
(1) on 1 st action area wa I I.
' ' ' MEDICAL OXYGEN & ENVIRONMENTAL SYSTEMS ' ' '
74-02-0200 Oxygen, 3000 Liters Minimum
74-02-0500 Oxygen, (2) Outlets - 1st Action Area
INSTRUCTION:
(2) on the lst action area wall
SEE PRINTS
74-04-0400 S Oxygen Outlet, (1) Additional
INSTRUCTION:
(1) additional outlet over squad bench forward of window.
SEE PRINT
74-04-1400 S Oxygen Outlets to be Puritan Bennett
74-06-0600 Flowmeter, (1) Oxygen, Gravity Type
LOCATION:
SHIPPED LOOSE
74-10-0600 Regulator, Oxygen
LOCATION:
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12/14/2007 Quote No: 1000-0001 / Job/Order No: Pa e 19
•,. � � • � � �
On 0/2 hosc In D 1 compartment.
74-20-0800 S Suction & Aspiration Systems, SSCOR/Thomas, D2 1
INSTRUCTION:
[1] SSCOR 20001/02 disposable canister, stainless
bracket and wall-mount vacuum gauge and outlet. See print.
Install the Thomas brand vacuum pump in compartment D2 leftside rear wall in a metal cage.
Vacuum outlets to be Amico Brand.
74-21-0600 Portable Suction & Aspiration Systems, S-SCORT #2310B 1
INSTRUCTION:
S-SCORT VX-2 with a built-In dual mode, battery charger.
It includes a charging retention bracket. (30+ 1pm clinical airflow)
Mount at the head of the squad bench.
' * ` COMMUNICATION & LOOSE EQUIPMENT ' ` ' � 1
76-02-0600 Patient Code Signal System, With (3) Switches & Buzzer
LOCATION:
Cab console and rear switch panel.
76-06-0200 Radio Antenna Pre-Wire, (2) Base, Power, Ground & Coax
INSTRUCTION:
Antennae/Radio (2) bases and coax.
Power and ground wires.
Run from: (1) Center front of module roof.
(1) Center center of module roof.
Run to: (1) rear driver seat
(1) action area access panel coiled and labeled.
Note: locate all patient compartment coax wiring rearward of the AC system for access for
future servicing
78-02-0200 No Fire Extinguisher(s) Required At This Time
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''' PAINTING, LETTERING & STRIPING "' � 1
80-04-0200 Body Surface Preparation with Corrosion Inhibitor
80-04-0400 Paint Preparation & Processes
80-04-1000 S Body Paint Color, Sikkens, Single Color
Body to match chassis,
Chassis was ordered Green
»» send paint sample for approval ««
Sent:
Approved
80-08-0400 Paint Sample
Paint Color:
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12/14/2007 Quote No: 1000-0001 / Job/Order No: Paqe 20
Paint sample required at Ten-8 of matchiny paint for body to chassis.
Paint Code:
82-02-0200 S Lettering, Leo's Smart Gold
(3) 6" - RESCUE #2 (on 1st unit) - Cab and rear doors
(3) 6" - RESCUE #3 (on 2nd unit) - Cab and rear doors
4" - PALM BEACH GARDENS FIRE RESCUE- rear doors
6" - PALM BEACH GARDENS FIRE RESCUE - curbside
8" - PALM BEACH GARDENS FIRE RESCUE - streetside
Smart gold with blue shade border (match 3M blue 2'80-75), font Folio extra bold, slanted right
20 degrees
82-02-99AA U Letters, 32" blue vinyl, on roof
"PBG" - located in front of the A/C unit on the roof
"R3" - located rear of the A/C unit on the roof
82-04-0200 No 4" Lettering Required At This Time
84-05-0400 S Main Scotchlite Stripe, Single,l0" White Reflecttive 280-10
Stripe runs straight back from cab onto module box.
(ref. to Unit #5468)
SEE PRINTS
84-07-0000 Non Metallic or Pearl Paint Color
84-09-0500 S Pinstripes, 2" Wide, Dark Blue Reflective #280-75
INSTRUCTION: LOCATION:
Seperated 1" above and below beltline stripe.
84-22-0000 S Pinstripe, 3/4" W-"C" Style Rubrail, Reflective
COLOR: White reflective #280-10
Install 3/4" wide reflective stripe through the center of the "C" style rubrail.
87-00-0099 XU Chevron, Rear of Module
6" White Reflective, with 6" gap showing paint
Beside rear doors and above rear doors.
88-04-0600 S Decals, (1) 32" "Star of Life" on Roof - DELETED
88-04-9900 S Decals, Package - DELETED
` ' ' DELIVERY / END USER DOCUMENTATION ` ' "
90-02-0300 Vehicle Operator's Manual, Hard Cover Binder - AD
90-06-0600 Operating Instructions, Video Tape
90-06-0800 Electrical Schematics CD
90-07-0400 Fuel Fill
96-00-0000 Dealer Siqn Off
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Date Prepared: December 14, 2007
Resolution 6. 2008
EXHIBIT "B"
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FLORID.A. FIRE C�IIEF'�' .A.��OCIATI�JN,
FLORIDA SHERIFFS ASSOCIATION
. �. r. . _ • . •: � ♦
Base Specifccataons
SPECIFICATIQN # 02 - TY�'E i ANIBULANCE
2 WHEEL DRIVE MEDILJM DUTY
(DUAL REAR WHEEL, CAB & CHASSIS)
/ `�'�,\
FA�
I 7 QI2TDA
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C<_)L Nl :[ES
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.qll Abuut �1oriAn
F(?RD, GENERAI. MOTORS, FEtEIGHTLINER, INTERIVATIONAI.,, �R APPROVED EQUIVAGENT
ALL ITEMB FACTQEtY INBTALLED UNLESS OTHERWISE xNDICATED
1. ENG[NE;
a. Diesel enginc:, 6-cylinder tninimurn. Enoines rniast meet 2007 e�nission standards.
b. 1-ieavy dut}� alternator, ininrinurn 21U amp
c. Maint.enance free. heavy-dut:y bat.teries, 750 CCA i7linim�am
d. Vlaiiufac�ttirer's }iea�ry-duty eri�irie cooliri;;
2. "1'IZ.MfSl�1ISSION
�►. �;lectroriic Allison 'I i ansrnission
U. !�1anuJ�act.tzrer's t.ransmission oil cooler: �vater to oi] heavy-duty cooling
3. AXLFS
a. Front �ile: 7,000#
b, Rear llxle: 12,000#
c. Front Suspension: 7.00�#
d. 1Zear �uspension: 12,000# air suspension ��lh du��l instar�t response levelin�; valves
�. YE:IZFOIZVIANC�:1'ItiMS
a. 1'u�ver Steerin;;
b. Anti ]ock bra.kcs
c:. Power bralces, dise type Crorit, disc: o�- driun rear
d. Fuel c:apacity, ���inimurn �I0 gallon
e. f-leavy-duCy Cronl anci rear s}YOCIcs
L-3ici Ac.vurd Annoccrrcen�ercL (07-07-0828) ��
Base Specificatiorts #0� - Type I Ambulance (Mediurrt Duty)
5. COMF'OIZ't' 1'1'EMS
a. F�ctory inst.alled air conditioning
b. "l�inted �lass (factory tint)
c. Dual air su5pension seals with annrest
d. Rubber floor mat instead of carpeting
e. t�'VI/i�M radio
f>. 5�'�� E'1'1' Cl'E:VIS
a. 13river �nd passenger lap and shoulder bell �vilh relracior
b. Uual electrir horns
c. Out.side rnirrurs lo provide visiori lor vehicles �36" �vide
d. Twu speed evipers with inLerniiLLent
e. Interiar dorne lighls wired lo righl and ]efi doors
t. Hal+��en headlights �vith daytirne runTiing Ceature
7. "i'[IlES AND WHEEL,S
a, aS�V, all seasoil t►-ead radial 19.5 inci� tires
8. CHASSIS FIZAME CAB
a. Minitnum G�'WR 16,500 Ibs.
b. Cab t.c� cenler of axle 100"
y. MODULn12 I3ODY CONS"1RUC'1'ION
a. Tl-iearriY»>lancebodyaridpatientcompartrnentsYiallY�esuffic:ientir►sizetorneettY►erequirerrier►Y.s
of this specification and those of paragraph 3.10. 3 of the current KKK-A-1822E.
t3i� A�c�ard Arinvuri.cemeril (07-07-0828J ��y
��Qp,FIRE�N
9sSOCiA"�`d�
FLORIDA FIRIE C]C-�I]EF'�' ��SOCIATION,
�• r� � � _r � �
; �. �. . � . � � •
2008 INTERNATIONAI, 4300LP
Sp�ci%cation #�2
(Type I Ambulance, 4�c2 Medium Lluty)
���
FA��+�
FT_.OI2IDA
; �::.:.� � :c �: : >;
C,OL N'C[ES
------_____
Al! Abuut Floridn
"ll�e International 4300LE', "I'ype I An�bulance purchased through this contract comes with all
the standard eq�iipment as specified by tY�e man�.ifact.iirer for this rnodel and FSA's Y�ase vehicle
specification(s) requiren�ents which are inciuded and made a pa�-t of this contract's vehicle base
price as awarded ��y n�arii.�facturer by spet:ifica.tion by zone.
ZONE: All Zones
BA,SE PRICE: $147,689.00
IVIANUFACTLTRER: flrnerican LaFrance
ZONE: All Zanes
BASE i'RfCE: $148,857.00
MANUFACTURER: �lite Fire c`S: Safety I:quip., Inc
ZONE: All Zones
BASE PRICE: $138,76U.00
MANUF'ACTURER: i-i�ll Marl: Fire 1lpparatus, Ir�c�
ZONE: All Zones
BE�SE PRICE: $126,386.OU
MANUFACTURER: '1'en-� Fire Equiprneni, Inc
All Zones
$156,927.00
E3rauri lndusLries, lnc.
All Zones
$139,214.OU
Gacellance, Ine.
All Zomes
$136, 770.00
�ualit.y Ernergenc:y Vehicle5, Inc.
All Zones
$136,17`L.OU
Wheeled Coach Industries, lnc.
Plirc}iasers are advised that, the above referericed vehicle sperific�at.ion cornes eqtiipped as a Y}ase
uiiit only. 'I11e Florida Fire Chiefs' Association, Florida Sheriffs c'�ssociation and Florida Association
of Counties have idei7tified anc� ec.�ui��ped the base ur�it. ��ith t�iose specificatiar�s and ec�t.iiprnent
it_ems required to meet KI{Ii A 1822E, or the most current revision f�r Type I Arnbulance. Since
ecluiprnenl needs and prel�erences are �oin� to vary frorn ager�cy to agency, any addit.ionai options
required or chan�es to thr. base unit desired by the purchaser shall be made through the
rnariuCacturer listecl.
NOTE: An offieial listirig of all ac�id/detete t�ptions arjcl t.Y►eir priees s}ioiilc� l�e obtained from the
appropriate vendor when preparing your order.
f3id Acvard. Arinourrcerrceni (07-07-0828) �6
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 14, 2007
Meeting Date: January 3, 2008
ITEM FOR DISCUSSION
Subject/Agenda Item:
Presentation from NextMedia and Palm Tran of Palm Beach County regarding installation
of bus shelters
[X] Recommendation to APPROVE
f 1 Recommendation to DENY
Reviewed by: Originating Dept.: Costs: N/A Council Action:
�
(Total)
Angela Won �"` �����
Operations M�nager : _
City Attorney [ ] Approved
Community Services
Department
$N/A [ ]Approved w/
Current FY conditions
[ ] Denied
Advertised: N/A Funding Source: [] Continued to:
Date: [ ] Operating Attachments:
Paper: [ ] Other
Photo of bus shelter
S itted
[ X J Not Required
Jack Doughn ,
Community Servic
Administrator
Department Administrator Affected parties Budget Acct.#: [] None
Approved�b� ;��% [ X ] Notified_ N/A
�
, 1
/�- --��'
City Manage � ] Not required
Date Prepared: December 14, 2007
Meeting Date: January 3, 2008
BACKGROUND:
In order to promote public transit, Palm Beach County entered into a 10-year
agreement with NextMedia Group for the installation of advertising bus shelters in
November 2000. As per their agreement, NextMedia will build, install and maintain
the shelters at no cost to Palm Beach County. The advertising revenue funds the
shelter construction and maintenance. The County also receives a portion of the
advertisement revenue. The shelters will become the property of the County at the
end of the agreement.
All Shelters are cleaned a minimum of once per week and pressure washed
once each month. Trash is also removed at each cleaning. Any vandalism or
graffiti are removed immediately. All shelters have a 24-hour hotline number
posted. NextMedia has advertising criteria which prohibit alcohol, tobacco, and
adult entertainment, political, political issue advertising or any advertising which is
obscene or violent in nature. Each bus shelter meets ADA requirements and
conforms to current building codes. The shelters have been engineered to
withstand the wind-load requirements for the area. Building permits and inspections
are required for the construction of each shelter.
Under the County's agreement, the City is permitted to opt in with an
Interlocal Agreement to take advantage of this program. The County and City can
jointly agree to shelter locations at existing bus stops. Ultimately, the County is
responsible for contract administration. The County has agreed to pass on its share
of the revenue to the City. The revenue share is currently $40 per shelter per month
and escalates to $65 per shelter per month over the term of the program.
Non-advertisement shelters of the same style can be installed under the
agreement; however, the City will be responsible for all related costs including
maintenance. Currently, there is no funding for this project.
The Great Outdoor Network- The B2B Network for Outdoor Advertising - NextMedia Gr... Page 7 of 7
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Title: Bebe- WPB Bus Shelters
Description: Bus Shelter ad in West Palm Beach, Fl.lmage 1 of 4
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http://www.greatoutdoornetwork.com/GON/component/option,com_comprofi ler/task,use... 12/ 14/2007
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Cit of Palm B
Y
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each Gardens
ouncil A enda
g
January 3, 2008
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo � �
Vice Mayor Levy �'�
Council Member Jablin y�'
Council Member Valeche y�
Council Member Barnett "�
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CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
January 3, 2008
7:00 P.M.
I. � PLEDGE OF ALLEGIANCE
II. � ROLL CALL - Ca�N� � � +"' �"'� �� Q �� " � BSln`'T
III. �' ADDITIONS, DELETIONS, MODIFICATIONS:
IV � ANNOUNCEMENTS / PRESENTATIONS:
�;04 V.
VI.
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
CITY MANAGER REPORT:
�; 6 q VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
re4uest form to the Citv Clerk prior to this Item)
VIII. CONSENT AGENDA:
'� � � ; �:_��� r ������ � �; t��� �� �`'�Resolution 7, 2008 -
O a. ���;a�'�' {ga������'X s►�� , �
1�' Maintenance Memorandum of Agreements A Resolution of the City Council of
the City of Palm Beach Gardens, Florida authorizing the City Manager to be the
signatory authority for Agreements related to roadway and median beautification
installation and maintenance; and providing an effective date.
IX.
7; ��0
&'! f;I.!(� I1f�:l6�i�(;'�::
[':irt 1 — (lu�si-lue�i��i�zd
�
�,0
(tit�tff Rc��i�rt r�r�_��'<�„��� ��.�: ��;� ���9e,�e ��:.t=�� Resolution 2, 2008 -
Amendment to the Waterford/Wyndham Garden Hotel Planned Unit
Development. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida amending the Waterford/Wyndham Garden Hotel Planned Unit
Development (PUD), located approximately one-tenth of a mile South of PGA
Boulevard on the East side of U.S. Highway One, as more particularly described
herein, to allow atchitectural and site plan modifications, the conversion of 13
suites to rooms, and the conversion of a public restaurant to a private restaurant;
providing waivers; providing conditions of approval; and providing an effective
date.
�� S�f b. s�g �it_h��',�ruN-i a�n 1'a;�c I:�-�a ' �,�i��i� trre �'.�a�� �lo�'�t OrdinatlCe l, 2008 —(ls�
reading) Establishment of the Parcel SA Communiry Development District. An
� U� Ordinance of the City Council of the City of Palm Beach Gardens, Florida
G�� Z/7l0 �" establishing the Parcel SA Community Development District pursuant to the
� �,o provisions of Section 190.005, Florida Statutes; designating the powers of the
District; and providing an effective date.
��� �, r'���.�_����;���:��-� �,e�a R'����a ,)�� Q�� r�,�� F:: r �s�o f'si��� ��b�p OrdinanCe 2, 2008 —(jst
reading) Establishment of the Parcel SB Community Development District. An
G��,r.�U �a� Ordinance of the City Council of the City of Palm Beach Gardens, Florida
a/7 establishing the Parcel SB Community Development District pursuant to the
� � v provisions of Section 190.005, Florida Statutes; designating the powers of the
� District; and providing an effective date.
X.
/ •�
� ,0
1.� I
XII.
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��,`� i d'_�_� .� "li .��'d�� ��0-.��Nl�rl�-�.�.�;1
—.. . - - _'`- - —...�. - . _ .
RESOLUTIONS:
a. ����_ �i6'P)tll"t llll ��al��l �dr ��>,L'AU�Ui3ci�@y�_1'Y B �td��l ��_��ReSOlUt1011 6, 2,OQc� —
Purchase of Medtec Ambulances from Ten-8 Fire Equipment, Inc. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving the
purchase of two (2) 2008 Medtec Ambulances, Model AD-170 and two (2)
Stryker 6500 Power-Pro Cots from Ten-8 Fire Equipment, Inc., an authorized
dealer for Medtec Ambulances in the State of Florida; authorizing the Mayor and
City Clerk to execute a11 documents necessary to effectuate such purchase; and
providing an effective date.
ORDINANCES: (For Consideration on First Reading)
ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. o, i���,� �-� �� p_Presentation from NextMedia and Palm Tran of Palm Beach County
regarding installation of bus shelters.
8� 3� 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 d�sabi[ities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cos� Please cal[ the City
Clerk's Office at 561-799-4122 no later than S 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.
Please Print
Name:
Address:
COMMENTS FROM THE PUBLIC
Request to Address City Council
m u� s' ����c l�- ,�-� O
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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.
7
�
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name: � �� �(, �L- �� Vl1 � �-� i�-1'L � j�.-
Address: � l `� )`� V� p _`��� i'C/ i � � `r�� )> f �
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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
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Address: '' '` ``� ".� �`� ��'��, ��.� "r. ; : .
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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
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Name: ��J � �'�`�/ % �� � :�' ��, , i° ,< : ;
Address: � � � ��L.1/ � �,;' � � T ,�' Gl, � .. � � Y x�
c�ty: e�/ �,�;�
Subject: �✓ `�/�'/.•'''"� r�}' "� �5,�-_ '� �
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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: ��cG,l'"T_,�i ��c''Y' �`��i
Address: j� '��,� ��"� �r�1�'�''-'� �-�G' ����� l�'�`�
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portion of the agenda and during "Public Hearings". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
Please Print
Name:
COMMENTS FROM THE PUBLIC
Request to Address City Council
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Address: ���" �U" � �� �� � G/� �� CJL/ +��
City: ��� � C ���'�� � �%F �" f
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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: C� �� G� ���.v r N%� �, �� Y� �Y1 l t� f
Address: � Io�7� �` �F.�r� a aC �C `_� �.. _� � r. �_
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Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearings". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
Please Print
Name: �
Address: �
City: _��
Subject:
COMMENTS FROM THE PUBLIC
Request to Address City Council
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portion of the agenda and during "Public Hearings". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
Please Print
Name:
COMMENTS FROM THE PUBLIC
Request to Address City Council
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Address: ��� �� vv`N�" "' � ���`�+t�
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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 deiivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.