HomeMy WebLinkAboutAgenda Council Agenda 040705
City of Palm Beach Gardens
Council Agenda
April 7, 2005
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Levy
Vice Mayor Jablin Council Member Valeche
Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
April 7, 2005
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. (Page 8) National Nutrition Month – Palm Beach County Health Unit
b. (Page 9) Quarterly Financial Report
V. ITEMS OF RESIDENT INTEREST:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. (Page 64) Approve Minutes from the February 18, 2005 Special City Council
meeting.
b. (Page 69) Approve Minutes from the March 3, 2005 City Council meeting.
c. (Staff Report on Page 73, Resolution on Page 75) Resolution 35, 2005 - An
Interlocal Agreement between the City and Palm Beach County. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving an
Interlocal Agreement between the City and Palm Beach County for Community
Development Block Grant and Home Investment Partnership Program activities
for Fiscal Years 2006, 2007, and 2008; authorizing the Mayor and City Clerk to
execute same; and providing an effective date.
d. (Staff Report on Page 82, Resolution on Page 84) Resolution 43, 2005 -
Approving an agreement with Health Careers Institute for the education and
training of students in the Paramedic and EMT programs. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving an agreement
with Health Careers Institute for the education and training of students in the
Paramedic and EMT programs; and providing an effective date.
e. (Staff Report on Page 91, Resolution on Page 92) Resolution 45, 2005 -
Approving and ratifying an agreement with the Police Benevolent Association for
Police Lieutenants. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving and ratifying an agreement with the Police
Benevolent Association for Police Lieutenants employed by the City’s Police
Department for Fiscal Years 2004-2005, 2005-2006, and 2006-2007; authorizing
the Mayor, City Manager and City Clerk to execute said agreement; and
providing an effective date.
f. (Staff Report on Page 156, Resolution on Page 158) Resolution 46, 2005 -
Gardens Station plat. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the Gardens Station Plat; and providing an effective
date.
g. (Staff Report on Page 163, Resolution on Page 165) Resolution 49, 2005 -
Amendment No. 1 to an Interlocal Agreement with the School District to allow
for future construction of a restroom/pavilion at Howell Watkins Middle School.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida
authorizing the execution of an Amendment to an Interlocal Agreement between
the City of Palm Beach Gardens and the School District of Palm Beach County
for the mutual use of public facilities to allow for future construction of a
restroom/pavilion at Howell L. Watkins Middle School; and providing an
effective date.
h. (Staff Report on Page 182, Resolution on Page 184) Resolution 50, 2005 -
Work Authorization to LBF&H, Inc., for Project No. 2003-007. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving a work
authorization for engineering services with LBFH, Inc., to provide engineering
and surveying services related to the canal restoration and stormwater projects;
authorizing the Mayor and the City Clerk to execute the same; and providing an
effective date.
i. (Page 195) Proclamation – Fair Housing Month.
j. (Page 196) Proclamation – Kids Day America/International
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 198, Ordinance on Page 206, Resolution on Page 210)
Ordinance 13, 2005 - (1st reading) Waterford Hotel Planned Unit Development
(PUD) amendment. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida amending Ordinance 53, 1988, Ordinance 18, 1992, and
Ordinance 14, 1996 relating to the zoning for the Waterford Hotel Planned Unit
Development (PUD) to transfer the site plan approval and related conditions to
Resolution 44, 2005; and providing an effective date.
Resolution 44, 2005 is a companion item to Ordinance 13, 2005
and will require Council action on second reading.
Resolution 44, 2005 - Waterford Hotel Planned Unit Development (PUD)
amendment. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving an amendment to the Waterford Hotel Planned Unit
Development (PUD), which is located approximately 1/10th of a mile South from
PGA Boulevard on the East side of US Highway, to 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.
b. (Staff Report on Page 251, Ordinance on Page 299, Resolution on Page 302)
Ordinance 35, 2004 - (2nd reading and adoption) The Sanctuary PBG HOA, Inc.
Lake Access Tract. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida amending Ordinance 22, 1993 relating to the Sanctuary Planned
Unit Development (PUD) to transfer the Master Plan approval and related
conditions to a separate Resolution; and providing an effective date.
Resolution 47, 2005 is a companion item to Ordinance 35, 2004
and will require Council action.
Resolution 47, 2005 - The Sanctuary PBG HOA, Inc. Lake Access Tract. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving an amendment to the Sanctuary Planned Unit Development (PUD)
located on the North side of Hood Road approximately 1,500 feet West of
Prosperity Farms Road, as more particularly described herein; to allow a fifteen-
foot open space tract through an upland preserve known as tract “U-3” of the
Sanctuary PUD Plat No. 2; to provide for no net loss of preserve acreage on site,
and to eliminate four drainage tracts; providing conditions of approval; and
providing an effective date.
Part II – Non-Quasi-judicial
X. RESOLUTIONS:
a. (Staff Report on Page 310, Resolution on Page 334) Resolution 8, 2005 -
Frenchman’s Yacht Club Concurrent Processing Application. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida allowing the concurrent
processing of a rezoning, site plan, Planned Community Development
(PCD)/Development of Regional Impact (DRI) amendment and comprehensive
plan amendment for a 14.54-acre site located at the Southeast corner of Donald
Ross Road and Prosperity Farms Road, as more particularly described herein; and
providing an effective date.
b. (Staff Report on Page 338, Resolution on Page 341) Resolution 38, 2005 -
Approving the Art in Public Places Proposal for Lot 4 of the Northcorp PCD. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the Art in Public Places proposal for Lot 4 of the Northcorp Planned
Community Development (PCD), as more particularly described herein;
providing for one condition of approval; and providing an effective date.
c. (Staff Report on Page 359, Resolution on Page 362) Resolution 39, 2005 -
Approving the Art in Public Places proposal for the Bascom Palmer Eye Institute.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the Art in Public Places proposal for the Bascom Palmer Eye Institute
within the PGA National Resort Community Planned Community Development
located at the Southwest corner of PGA Boulevard and Fairway Drive, as more
particularly described herein; providing for a condition of approval; and providing
an effective date.
d. (Staff Report on Page 391, Resolution on Page 393) Resolution 55, 2005 –
Amending Resolution 115, 2004. A Resolution of the City Council of the City of
Palm beach Gardens, Florida amending Resolution 115, 2004, which approved an
upland preserve set aside for Donald Ross Village Planned Unit Development, to
provide a corrected legal description; and providing an effective date.
XI ORDINANCES: (For Consideration on First Reading)
a. (Staff Report on Page 417, Ordinance on Page 423) Ordinance 6, 2005 – LDR
amendment- Conditional uses. Amend the Code of Ordinances, Chapter 2,
Division 6, Planning, Zoning, and Appeals Board, Section 2-147 entitled “Powers
and Duties” to provide that further appeals from any final decision of the
Planning, Zoning, and Appeals Board shall be made to the circuit court. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
relating to the powers and duties of the Planning, Zoning, and Appeals Board, the
conditional use review process, the review of development order applications,
application procedures, and permitted uses, conditional, and prohibited uses;
amending Section 2-147, Code of Ordinances entitled “Powers and Duties”;
amending Section 78-24, Code of Ordinances entitled “Development Review
Committee”; amending Section 78-43, Code of Ordinances entitled “Review of
Applications for Development Order Approval”; amending Section 78-46, Code
of Ordinances entitled “Application Procedures”; amending Section 78-52, Code
of Ordinances entitled “Conditional Uses”; amending Section 78-54, Code of
Ordinances entitled “Public Notice”; creating a new Section 78-56 to be entitled
“Appeals and Reconsideration”; amending Section 78-159, Code of Ordinances
entitled “Permitted Uses, Conditional, and Prohibited Uses” to modify certain
permitted and conditional uses; providing for codification; and providing an
effective date.
b. (Staff Report on Page 450, Ordinance on Page 452) Ordinance 10, 2005 -
Amending the Fiscal Year 2003/2004 Budget. An Ordinance of the City Council
of the City of Palm Beach Gardens, Florida amending the City of Palm Beach
Gardens’ budget for the Fiscal Year beginning October 1, 2003, and ending
September 30, 2004, inclusive; and providing an effective date.
c. (Staff Report on Page 461, Ordinance on Page 463) Ordinance 11, 2005 -
Amending the Fiscal Year 2004/2005 Budget. An Ordinance of the City Council
of the City of Palm Beach Gardens, Florida amending the City of Palm Beach
Gardens’ budget for the Fiscal Year beginning October 1, 2004, and ending
September 30, 2005, inclusive; and providing an effective date.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. Recognition of former Councilmembers.
b. Quarterly meetings with the residents.
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
From: Nutrition S'Mart [mailservice@livingnaturally.com] Sent: To: Eric Jablin Subject: Nutrition S'Mart - February 2005 - Healthy Hearts Friday, January 28,2005 2:Ol PM
Multiple store locations:,
Pembroke Pines, Tampa,
and Palm Beach
Gardens, FL 33410
Tel: (561)-694-0644
is
Nutrition S'Maft - February 2005 - Healthy Hearts
Nutrition S'Mart has an incredible line up of FREE health lectures, and cooking
ctasses this month. Don't forget our Cmunitv Fundraisina Days. We look
forward to seeing you soon.
_I__- SMART HEALTH QM OF THE MO_NNTH
QUESTION: I have high cholesterol and triglycerides. Instead of taking 2
medications to lower them, what can I do myself to lower my numbers?
ANSWER: A couple of weeks ago the USDA released the new dietary guidelines
for Americans. This finally gives us concrete advice on improving our health and
lowering our cholesterol.
Basically, most people are aware that foods high in saturated fat and partially
hydrogenated (trans) fat can raise cholesterol. Choosing most foods from
vegetables, whole grains and fruit should provide the mainstay of your diet.
Triglycerides can go up though, if there are too many refined carbohydrates or
alcohol in the diet. Avoid fast foods, limit fruits to 3 daily, and alcohol to 1-2 per
week to control triglycerides.
Further, boosting mono and polyunsaturated fats (flax, nuts, avocado, olive oil)
and soluble fiber (oats) can keep triglycerides stable and lower total cholesterol.
In regard to the other healthy fat (omega 3 fatty acids), these are found in fish
and 2 serving a week are recommended by the American Heart Assn. Good
sources are fatty fish like salmon, tuna, herring, mackerel, lake trout and
sardines.
Finally, getting 30-90 min of activity a day and maintaining a healthy weight will
help improve your blood lipids. Research has shown that diet and exercise are as
effective as low dose medications; and diet and exercise help determine how well
you lipid control will be on the medications. Good luck!
Dr. Lisa DeRosimo is the owner of the Weight and Wellness Center in West Palm
Beach. Dr. DeRosimo is Board Certified in Family Medicine as well as Bariatric
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 18,2005
Meeting Date: April 7,2005
SubjecVAgenda Item: Presentation of quarterly financial report
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
I City Attorney
Department Director
Approved by:
Originating Dm
Finan &
Advertised:
[ 3 Not Required
Affected parties
[ ]Notified
[ 3 Not required
costs: -0-
(Total)
-0-
Current FY
Funding Source:
[ 3 Operating
[XI Other N/A
Budget Acct.#:
NIA
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ 1 Continued to:
Attachments:
Quarterly
financial report
1213 1 104
[ ]None
Date Prepared: March 18,2005
Meeting Date: April 7,2005
BACKGROUND:
As required by Code of Ordinances Article XIII, Section 13- 1, the Council
may request other financial reports throughout the year. We are pleased to present
the quarterly financial report for the period ended December 3 1,2004.
Some of the highlights contained within the report include:
P Total General Fund revenues for the quarter were $35.6 million,
compared to $30.6 million for the same period last year
P Revenues exceeded expenditures by $22.4 million for the first
quarter, as compared to $20.2 million for the same quarter last
fiscal year
P The total investment portfolio as of December 31, 2004 was $47.6
million, compared to $37.9 million at December 3 1,2003
P Investment returns continue to be historically low, our weighted
average yield for the entire portfolio as of the end of the quarter
was 2.30% or .45% below the one-year Treasury Bill rate of 2.75%
P FEMA documentation and filing for both Hurricane Frances and
Jeanne were submitted for reimbursement. Expenses for both
storms to date total $5,019,893. The City was recently notified of
approved Category A (debris removal) expenditures of $1.1
million dollars.
P As required by Section 78-95, Code of Ordinances, The City
undertook a review of the schedule of impact fees. Council
approved Ordinance 3 8, 2004, which became effective December
1,2004
MISC/OTHER: N/A
STAFF RECOMMENDATIONS:
o Staff recommends a motion to accept the attached quarterly financial
report for the quarter ended December 3 1,2004
City of Palm Beach Gardens,
Florida
Typical Bus Shelter
Citv of Palm Beach Gardens
Quarterly Financial Report
December 31 2004
TABLE OF CONTENTS
Transmittal Letter ....
Investment Report ...................
Capital Improvement Plan Update .
Grant Status Report ..................
Financial Statements
General Fund
Balance Sheet ..................................
Statement of Revenues and Expenditures ......
General Fund Analysis ........................
Special Revenue Funds
Gas Tax
Balance Sheet .................................
Statement of Revenues and Expenditures .....
Gas Tax Fund Analysis ........................
Recreation Programs
Balance Sheet ..................................
Statement of Revenues and Expenditures .....
Recreation Special Revenue Fund Analysis ....
Capital Projects Funds
Recreation Impact Fees
Balance Sheet .................................
Statement of Revenues and Expenditures . .
Police Impact Fees
Balance Sheet ......................................
Statement of Revenues and Expenditures .....
Fire Impact Fees
Balance Sheet ..................................
Statement of Revenues and Expenditures .....
Art Impact Fees
Balance Sheet ..................................
Statement of Revenues and Expenditures ....
.... 1
7
.... 10
.... 18
........ 22
.... 23
.... 24
....... 25
....... 26
....... 27
....... 28
....... 29
..... 30
....... 31 ....... 32
....... 33
.... 34
........ 35
........ 36
........ 37
.... 38
Road Impact Fees
Balance Sheet ..................................
Statement of Revenues and Expenditures .....
....... 39
....... 40
PGA Flyover Capital Project Fund
Balance Sheet .................................
Statement of Revenues and Expenditures .....
....... 41
....... 42
Burns Road
Balance Sheet ............................................................... 43
Statement of Revenues and Expenditures ............................... 44
Capital Project Funds Analysis ..... ....... 45
Proprietary Funds
Enterprise Fund (Golf)
Balance Sheet ...................................
Statement of Revenues and Expenditures .......
....... 46
...... 47
Internal Service Fund (Fleet)
Balance Sheet ..............................
Statement of Revenues and Expenditures .....
....... 48
....... 49
Proprietary Funds Analysis . . ........ 50
TRANSMITTAL LETTER
Overview
I am pleased to present the financial report for the City of Palm Beach Gardens for the
three months ended December 3 1, 2004. The intent of these reports is to better inform
not only Council, but the public as well, throughout the year, of our financial position by
comparing actual results with the adopted budget, and taking corrective actions as
appropriate. Our goal is to provide optimum fiscal responsibility through open disclosure
in a public forum.
Format
A brief description of each section of this report is as follows:
Transmittal Letter - a financial overview and brief discussion of significant items
encountered during the prior quarter.
Investment Report - a summary of investment activity (purchases, sales, calls, etc.); total
cash and investments by fund; rate of return on investments compared with our
benchmark.
Capital Improvement Projects (UP) Update - a summary of city projects with a status
report on each project to date.
Grant Status Report - a summary of city projects funded in part or in whole by grants
along with a status report on the project to date.
Financial Statements - The following funds’ financial statements are presented:
0 General Fund
Special Revenue Funds
Recreation Programs
Gas Tax
Capital Project Funds
Recreation Impact
Police Impact
Fire Impact
Road Impact
PGA Flyover
Burns Road
Enterprise (Golf Course)
Internal Service (Fleet Management)
Proprietary Funds
For each of these funds, the following statements and other information are presented:
Balance Sheet
0 Statement of Revenues and Expenditures/Expenses
Analysis of significant line items
Financial Overview
General Fund
Assuming expenditures occur consistently throughout the year, 25% of a department's
budget could expect to be expended through the first quarter of the fiscal year ending
December 31, 2004. Overall, the general fund has expended approximately 20% of total
budget.
Department Expenditures - % Expended Through December 2004
Overall, total General Fund expenditures through the first quarter were $13.2 million.
Public Works budget to actual comparison looks quite low at 13% reported through
December. This is due to the $5 million dollar budget amendment appropriating funds
from prior years. To date, we've expended $1.2 million towards these ongoing projects.
General Fund revenues total $35.7 million through the end of the first quarter, up from
$30 million for the same period last year, as depicted below:
General Fund Revenues - 1st Quarter
Last Year Vs. This Year (in $1,000~)
60,000
50,000
40,000
2003 2004
10,000 U
2
The increase in revenue is primarily due to tax receipts ($30.7 as compared to $26.4
million).
A comparison of some of the other major categories of General Fund revenue from
last year to this year is depicted in the following chart:
General Fund Revenues
For the Period Ending December 2003 as compared to December 2004
1,600,000
1,400,000
1,200,000
1,000,000
800,000
600,000
400,000
200,000
I
ILIlst Qtr. Decl03 Mlst Qtr. Decl04 I
Franchise Fees $825,340 - Franchise fees include revenues received from FP&L
$825,340. Revenues earned to date represent 26% of estimated earnings. Total
revenues for the same period last year were $796,016.
Licenses and Permits $2,011,798 - Licenses and permit revenues include Permits
$1,050,120 and Occupational Licenses $961,678. In November, Occupational
Licenses went through our software conversion to Eden. Our revenues earned to
date represent 50% of estimated earnings. This exceeds budget projections by
25% for the period ending December 31, 2004. Total revenues for the same
period last fiscal year were $1,554,415, which exceeded budget projections as
well. In addition to building permits, current year permit revenues include
Training Surcharge, Special Events, Right of Way Permits and Juno Beach
Building Permits.
Intergovernmental $1,191,146 - Intergovernmental revenues include Half Cent
Sales Tax $684,299, Communications Services Tax $164,200, State Revenue
Sharing $243,408, County Occupational Licenses $8 1,267, Mobile Home
Licenses $12,011, Alcoholic Beverage License Renewals $1,529, and Fuel Tax
Refunds $4,432. Revenues earned to date represent 27% of estimated earnings for
the period ending December 31, 2004. Total revenues for the same period last
fiscal year were $1,069,5 19.
Charges for Services $598,226 - Revenues include EMS Transport Fees
$379,674, Fire Inspection Fees $130,084, Application Filing Fees $79,600,
3
Recreation Fees $6,896, Interim Service Fees $1,972. Revenues earned to date
represent 43% of estimated budget, which exceed projections by 18%. Total
revenues for the same period last fiscal year were $453,998.
Miscellaneous Revenues $213,441 - Miscellaneous revenues include the
following: County Impact Fee Collection Allowance $49,533, MacArthur
Foundation Litigation Settlement $84,000, DRI Reimbursement $49,593, Tax
Search $9,952, Fire Response Reimbursement $1,300, Nextel Tower $7,232 and
Other Miscellaneous Revenues $1 1,83 1. Revenues earned to date represent 13%
of estimated budget, which are under projections by 25%. Total revenues for the
same period last fiscal year were $208,043.
Risk Management
As of the first quarter ending December 3 1,2004, the City showed positive trends in our
workers’ compensation loss history. The City incurred 12 claims, closed 1, with a total
loss of $38,342 as compared to 27 claims incurred, 1 closed and total loss of $55,034 for
the same period last fiscal year.
Significant Items
The first quarter of FY 2005 was busy for the Finance Department and the City as a
whole. Following is a brief summary of some of the more significant items occurring
during the quarter:
e
e
e
e
The firm of Rachlin, Cohen & Holtz began their on-site annual audit for fiscal
year 2004 in December.
FEMA documentation and filing for both Hurricane Frances and Jeanne were
submitted for reimbursement. Expenses for both storms to date total
$5,019,893. An estimated $750,000 remains to be submitted for both storms.
Finance staff, along with HR and the IT department received training on the
Budget Module of Eden. Staff plans to have the budget worksheets generated
from Eden and distributed to Department Heads in March. Growth
Management’s implementation continues to make progress. Parcels went live
on September 14,2004. Occupational Licensing went live during the month of
November. In early January, Eden staff was on-site for the initial consultation
for the permitting module with anticipated go-live date of May 4, 2005.
As required by Section 78-95, Code of Ordinances, The City undertook a
review of the schedule of impact fees. Based upon the review, Council
approved Ordinance 38, 2004, to amend Division 4 of Chapter 78, Code of
Ordinances to reflect the updated assumptions, conclusions, and findings from
such review, including an updated Schedule of Impact Fees which became
effective December 1,2004.
4
The City approved an Administrative Time Extension to the build out date for
qualifying projects. The Development Order required these projects to prepay
the City’s road impact fees. Through the end of December the City has
collected $3,881,991.
Citywide, staff was again very busy managing the many CIP projects that are currently
ongoing. During this first quarter, some of the more significant projects that were
completed, or are nearing completion, include the following:
BRCRC Aauatic Facility
This project includes the construction of a new lap pool to meet current high school
design criteria and to provide an area for water fitness; a new splash playground and
expansion of the deck area, and a zero depth entry area. The splash play area is
underway and the pool is getting tiled. The anticipated completion date is mid-March
2005.
Lake Catherine Clubhouse
-I
This project includes the construction of a “clubhouse style” building at the north end of
the Lake Catherine Sports Complex, to feature restrooms, concession area, meeting room,
storage and pavilion areas
A complete analysis of all current CIP projects can be found in the separate CIP section
beginning on page 10.
In summary, I would like to thank our Finance Staff for their efforts in preparing this
document. I would also like to thank Stacy Rundle, Grants Administrator, and Angela
Wong, Special Projects Coordinator, for providing the information presented in the Grant
Status Report, and CIP Update, sections, respectively.
Respectfully submitted,
Allan Owens, CPA, CGFO
Finance Administrator
6
INVESTMENT MANAGEMENT
The latest economic readings point to continued growth during the fourth quarter. The latest data also
indicate that home sales remain near record high levels and will continue to do so given mortgage
applications for purchasing new homes. Consumer spending grew just below 5% during the third
quarter, despite declines in consumer confidence due to the uncertainty surrounding the outcome of the
presidential election. In addition, state level data indicates that job growth may have been temporarily
suppressed in the third quarter by hurricanes and stands to rebound during the fourth quarter. Short-
term interest rates increased, with the one-year Treasury bill at 2.75%, from the last quarter’s rate of
2.21%. Longer-term rates slightly decreased for the quarter, with the 20-year Treasury yield at 4.85%
as compared to 4.89% from the end of the previous quarter.
The City purchased one Federal National Mortgage Association Stepped Coupon at $500,000 with a
yield of 3% with a maturity date of 11/03/2010. The interest rate is scheduled to adjust, unless
previously called. The interest rate schedule is as follows: 4% on 5/05/2006, 4.75% on 5/05/2007,
6% on 5/05/2009 or 3% if called on 11/03/2005.
Investment Portfolio by Type
Total Portfolio $47,674,437
Investment Portfolio by Fund
proprietary Total Portfolio $47,674,437
2%
2003 Bond I Capital Projects I 12%
10%
I----
Special Revenue
2%
1
On December 31,2004, the amount invested at the SBA totaled $41,674,437. The SBA J
\General
14%
:Id gradually
increased each month from 1.82% at the beginning of the quarter to 2.19% at the end of the quarter.
7
The Investment Summary provides a listing of the outstanding investments as of December 3 1, 2004
along with the investment date, maturity date, type of instrument, yield and amounts. As of the end of
the quarter, the total market value of the various federal agencies and securities was $5,921,890
compared to the original purchase price of $6,000,000. The total weighted average yield for the entire
portfolio as of the end of the quarter was 2.30%, or .45% below the one-year Treasury Bill rate of
2.75%. All other policy guidelines for portfolio composition have been adhered to.
I INVESTMENT SUMMARY
December 3 1,2004
Investment Instrument Investment Maturity Par
Date Date Yield Value
U.S. Treasury Notes
Federal National Mtg Assoc Note
Federal National Mtg Assoc Note
Federal National Mtg Assoc Note
Federal Home Loan Mortgage Corp
Federal Home Loan Banks Debenture
Federal Farm Credit Banks Debenture
Federal Home Loan Mortgage Corp
Federal National Mtg Assoc Note
Federal Home Loan Bk Note Stp Coup
Federal National Mtg Assoc Note
Federal Home Loan Mortgage Corp
State Investment Pool
n
3/13/02 11/15/06
3/29/04 10/7/11
3/29/04 4/8/10
2/26/03 9/05/07
4/21/03 10/15/07
412 1/03 3/26/07
5/05/03 411 5/08
5/05/03 511 5/08
5/19/03 12/3/07
5/22/03 12/19/08
8/22/03 11/15/07
411 3/04 411 5/09
4.52%
3.00%
3 .OO%
3.00%
3.00%
3.02%
3.00%
3.05%
2.50%
2.25%
3.33%
3.00%
2.19%
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
41,674,437
TOTAL INVESTMENTS 47,674,437
Depicted on the next page is a graphic comparison of the City’s earnings rate with the State Investment
Pool for the period ending December 31st of the last two fiscal years. The City’s portfolio totaled
$47,674,437, compared to $37,933,587 at the same date in 2003. The second graph shows the increase
of the portfolio over the past two years.
8
STATE INVESTMENT POOL EARNINGS
RATE
2.50% (P-------
2.00%
1.50%
1.00%
0.50%
0.00%
1 1
CITY OF PALM BEACH GARDENS
PORTFOLIO HISTORY
A
$42
$4 1
$40
$39
$38
$37
$36
CAPITAL IMPROVEMENT PROJECTS
UPDATE REPORT AS OF DECEMBER 16,2004
CONSTRUCTION PHASE PROTECTS
I $11,864,837
309-0900-519.3150 (PS - Other)
309-0900-519.3170 (PS - Eng)
309-0900-519.6300 (Land/Imp)
309-0900-519.3160 (ps -
two phases: from Military Trail to Riverside Drive (WEST)
and from east of Gardens East Road to Prosperity Farms
urns Road Widening
.econstruction
roject Manager: Engle Road (EAST). This project is required by the CRALL
designation for PGA Blvd. issued by Palm Beach County. Other Fundine Sources:
PBC Incentive Grant $1,341,000 1 FDOT - $3,885,000
WEST/EAST Hardrive's contract for construction of the east portion is closed.
Street Lighting: The project is complete. One light still needs to be pulled by FPL.
Weiss Parking Lot: Landscaping will begin after Weiss installs their irrigation system (date to be determined).
Sienna Oaks: A meeting was held with Sienna Oaks and the City is reviewing the final improvements for the project.
Town Oaks: The wall modifications are complete.
Oaks East: Staff, along with LBFH, met with Oaks East to review landscape and irrigation installation problems. It wa:
determined that minor irrigation lines need to be relocated to allow for appropriate growth. LBFH will provide tht
landscape & irrigation as-builts to Oaks East, who in turn will have their landscaping company redesign the irrigatior
lines in c6rtain areas. The lines will be corrected at the City's expense. In addition, landscaping damaged during tht
hurricane will be replaced by the City as per the installation agreement with Oaks East.
Allamanda: The design is complete. The signal will be installed via a piggyback contract with the Signal Group, whick
will be presented to council February 17th for approval.
COMPLETION DATE: March 2004
;urns Roadcommunity This project includes development of a master site plan
Lecreation Campus incorporating new landscaping, a water feature, 001-2080-519.6901 (Land/Imp)
BRCRC) reconstruction of the Westminster daycare facility,
informational signs, public restrooms, three bocce courts, six
'roject Manager: Engle horseshoe pits, five shuffleboard courts, picnic facilities and FRDAp $112,50(
reconstruction of the jogging trail.
$904.724
Other Fundine - Sources:
The final Change Order has been approved and the final pay application is being processed. The project is complete.
COMPLETION DATE: Aupust - 2004
dac' Street Athletic Facility This project includes the construction of a baseball facility for
use by the PBG High School and is being funded and
'roject Manager: Kelly constructed by the PBC School District for an amount not to
exceed $85O,OOO.
ther Fundine Source:
PBCSB $850,000
This project is complete.
10
2002-010
UPDATE
2002-011
NO
UPDATE
2002-013
UPDATE
2002-018
UPDATE
2002-019
UPDATE
tormwater System Retrofit
Plat 4 (Phase 11)
aoject Manager: Engle
COMPLETION DATE: Mav 2004 $592,723
This project includes modification of existing drainage systems
in Plat 4 including construction of the EPB-3D widening, partial
construction of System 2, completion of System 3, and S.
Banyan St. Stormwater runoff from site will be routed via FEMA $350,000
system of inlets to the EPB-3, EPB3C and EPB3D Canals.
001-3040-541.6903 (Strmwtr
Imp)
Other Funding Source:
itv Comulex
/C System Modifications
id Card Reader System
roject Manager: Wilson
ANTICIPATED COMPLETION DATE: lanuam 2004
This project includes a/c system enhancements (ducts, air vanes,
static balance) and installation of computer systems hardware
and software controls on site.
Card System: The panic button has been installed at the reception desk at City Hall. A remote switch will also be installed
at the front desk provide access to the second floor doors by the end of December. A proposal is being negotiated to install
card readers at Fire Station No. 1 as well as one additional door in the Growth Management lobby.
$131,000
001-3030-539.6904 (Other Imp)
lunicipal Complex Art
iork
roject Manager: Stepper
Indoor Art The AAC approved the lighting plan as proposed by our lighting consultant, Paul Morgan. These items will be
bid after plans are received in January.
$225,000
17-1400-515.6300 (Land/lmp.
Art Impact)
ANTICIPATED COMPLETION DATE: Tanuarv 2005
This project includes the purchase of outdoor and indoor
artwork for the Municipal Complex. It also includes the
purchase of lighting for such pieces.
GA Flyover Beautification
roject Manager: Wong
Sculptures: Semi-finalist presentations will be on January 19th. After selection, sculptures will be complete in about onc
year.
Construction: Construction should be complete in January. The decorative lights failed during the hurricanes and a clain
from FDOT stating that the lights were not built in accordance to specifications has been filed with the contractor.
ANTICIPATED COMPLETION DATE: December 2005
The Florida Dept. of Transportation is constructing the PGA
overpass over Alternate AlA and the FEC railroad tracks to
alleviate traffic congestion along the PGA Corridor. There will
be four eastbound lanes and three westbound lanes with
landscaped medians. The City entered into Joint Funding
Agreement with FDOT for beautification amenities for the
project on 1/4/01. FDOT $2,978,00(
$6,126,000
City Portion Prepaid $3,148,000
304-1400-515.6908
025-0900-519.3150 (P/S - Other)
025-0900-5190-6200 (Land/Imp)
Other Funding - Sources:
ANTICIPATED COMPLETION DATE: February 2005
This proiect includes the installation of bus shelters at the Ius Shelters
$75,000
103-3000-539-6909 (Gas Tax)
I $15,000
Reimbursement from Palm Beach County in the amount of $7,500 for the completed Lakeside bus shelter has beel
received. Traffic light issues still remain which have delayed construction of the PBCC shelter. Staff has submitted sit
plans for two new shelters along PGA and US 1 and is communicating with Palm Tran to guarantee grant funding
Additional shelter locations may be identified around the city.
'roiect Manager: Reyes
11
-I
Lakeside Building on Military Trail and the main entrance to
PBCC on PGA Boulevard.
Other Fundinq Sources:
PBC/Palm Tran
2002-020
UPDATE
2002-025
NO
UPDATE
2003-007
UPDATE
2003-008
UPDATE
2004-004
ON-GOIN(
ANTICIPATED COMPLETION DATE: December 2004
restoration of several roadways throughout the City.
oadway Improvements
roject Manager: Engberg
lacArthur Blvd. ANTICIPATED COMPLETION DATE: December 2004 103-3000-539.6910
eautification
'oject Manager: Reyes
This project includes roadway improvements with traffic-
calming features and landscaping.
$838,959
103-3000-539.6912
Improvements are complete including hardscape, landscape, and irrigation. Lighting will be installed the week of Januaq
11th.
tormwater System
mprovements - Canal
,estoration
5,000,000 ANTICIPATED COMPLETION DATE: December 2006
in the SE quadrant of the City as mentioned in the Stormwater
This project includes the restoration of primary canals located ' 001 -3040-541 -691 8
Due to hurricane damage, the resurfacing of the Public Works yard has been delayed. DS Eakins has been hired to instal
the necessary drainage improvements, which will be followed the asphalt overlay by Ranger Construction to be completi
December 2004.
COMPLETION DATE: lune 2004
This project includes the development of an active park to be
:ity Park located on approximately 33 acres of city-owned land
originally designated as part of the District Park. Elements
'roject Manager: Engle include a playground, support facilities, picnic areas, exercise
trails, hiking trails, bike trails, basketball courts, handball
courts, parking, security lighting, landscaping, and
restrooms.
$494,633
301-2000-572.6919 (Land/Imp)
Other Fundine 1 Sources:
FRDAP
$200,000
July 16, 2004 9:30 a.m.
Management Plan. 'roject Manager: Reyes
Phase I1 - Project is complete. Contractor is in the process of restoring access roadway area.
iidewalk Repair &
vfaintenance
'reject Manager:
ANTICIPATED COMPLETION DATE: Oneoing
This project includes completing sidewalk linkages deemed
necessary per the sidewalk linkage plan. Also included are the
replacement of driveway aprons associated with the
restoration of swales and miscellaneous concrete work
associated with the improvement of drainage structures and
road repairs.
$150,000
(103-3000-539.6924) Gas Tax
This project is ongoing. Crews are coordinating efforts with swale crews.
12
'avement Resurfacing
'raffic Striping
'roject Manager: Engberg
$350,000
(103-3000-539.6925) Gas Tax
ANTICIPATED COMPLETION DATE: Ongoing
This project includes continuation of our Road Maintenance
program designed via the IMS study completed in 2001.
Ranger Construction cancelled the pre-construction meeting set for December 17th. The next phase of the project
includes the paving of the Public Works yard and resurfacing of streets throughout the city. Supplies have been ordered.
The contractor will start at Hazel, Banyan and will then go to Allamanda.
lRCRC Aquatic Facility
'roject Manager: Engle
ANTICIPATED COMPLETION DATE: March 2005
This project includes construction of a new lap pool to meet
current high school design criteria and to provide an area for
water fitness; a new spray playground; expansion of the
deck area; and a zero depth entry area.
Construction of the splash play area is underway. In addition, the pool is getting tiled.
.ake Catherine Clubhouse
$1,730,000
Recreation Impact Fund
(301-2000-572.6929)
(301 -2000-572.6932) ANTICIPATED COMPLETION DATE: lanuarv 2005
This project includes the construction of a "clubhouse style" Recreation Impact Fund
July 19,2004 6:OO p.m.
Pw Storage Renovations
Project Manager: Wilson
9 TBA
ANTICIPATED COMPLETION DATE: December 2004
This project includes enclosing the existing outside storagt
areas in the pw Yard.
I $700,000 I
uilding at the north end of the Lake Catherine Sports July 30,2004 9:30 a.m. concession area, meeting room, ? Februarv 5.2005
'roject Manager: Engle
Early power was released for the building. The entry feature is under construction, which was delayed by Seacoast'
request to replace the sewer line. Finishing work and restoration is underway.
$20.000
(501 -3020-539.6933) the Public Works facility.
htomated Fueling System
'roject Manager: Lunn
Damage sustained from the hurricanes has delayed this project.
renovations are complete.
It will resume when the Public Works buildin;
I I
ANTICIPATED COMPLETION DATE: December 2004
City.
Zity Entry Sign
?roject Manager: Reyes
$15,000
(001-3050-541.6936)
I I
This project is complete. Additional sign locations have been identified (Lake Catherine Sports Complex, City Hall
Possible lighting of signs to be examined by City Staff.
$19,000
(001.3030.539.6940)
I I
The roofs and gutters have been installed. Doors will be installed in approximately three weeks.
13
DESIGN PHASE PROTECTS
~~
yoto Gardens Drive
-oject Manager: Clark
Project
2002-017
ANTICIPATED COMPLETION DATE: TBD
This project includes the design and construction of a
railroad crossing at Kyoto Gardens Drive and the FEC tracks
just west of AlA, which includes a proposed traffic light at
the Kyoto/AlA intersection.
UPDATE
2002-023
UPDATE
RCRC Improvements
roject Manager: Presensky
2004-008
ANTICIPATED COMPLETION DATE: December 2005
This project is for improvements to the BRCRC main
building including expansion of the gym, expansion of the
restrooms with new locker room facilities, additional
program/meeting space, new service counter area,
expansion of the parking lot, and enhanced landscaping and
irrigation.
UPDATE
IWMS Field Lighting C?Z
.estroom
roject Manager: Kelly
2004-010
$800,000
(301-2000-572.6930)
Recreation Impact Fund
ANTICIPATED COMPLETION DATE: Aueust 2005
through an interlocal agreement with the PBC School District
by lighting ball fields, tennis courts and racquetball courts as
well as the construction of restroom facilities.
This project is for the expansion of the City’s court inventory
UPDATE
Title
Ind Hill Crane Access Park
GA Blvd. Boat Ramp)
,eject Manager: Engle
Brief Description/
Status
4NTICIPATED COMPLETION DATE: lune 2005
:PL agreed to dedicate a park parcel to the City on the
Nestern portion of the FPL Ryder substation site, which
ibuts a SFWMD right-of-way containing an existing boat
xcess area. It will include a fishing pier, observation deck,
renovations to the existing boat ramp and docks for small
Nater vessels to access the waterway, picnic areas, parking
irea, interpretive educational displays and walkingbiking
:rails.
Budget Estimate/
Account Codes
$420,000
301-2000-572.6907
Other Fundinp Sources:
FRDAP
$200,000
TBA
TBA
The design/build bid package is complete and will be advertised in January. Bids will be due in mid February with an
intended award presented to Council on March 3m.
Surveying has begun on the alignment for Kyoto Gardens Drive. Construction is set to begin by the end of March 2005.
$1,275,000
(30 1-2000-572.6928) BRCC
(001-3030-539.6928)ROOf/
Floor/AC
Recreation Impact Fund
TBA
TBA
The construction documents for BRCRC are currently being reviewed. Staff met with the architect and LBFH. This
project should be advertised in February. The community center will be closed for construction from May to September.
I
The School Board has approved addition of the restrooms and will be amending the interlocal agreement to reflect the
same. Musco Lighting is under contract for the design portion of the lighting system. Prior to approval of a lighting
installation contract, a public meeting will be held in March 2004 to present project details to the area residents. This
item is intended for Council presentation on April lSt.
14
2004-015
UPDATE
2004-018
UPDATE
2004-019
UPDATE
2005-022
UPDATE
2005-023
UPDATE
ledian Beautification
roject
roiect Reyes
ANTICIPATED COMPLETION DATE: March 2005
This project includes beautification elements to various
medians along Military Trail from the EPB-3C canal south to
the city limits as well as Northlake Blvd from Military Trail to
$311,450
001 -2080-51 9.6935
the Florida Turnpike.
will combine all of the pro'ect
"hompson River Linear Park
'roject Manager: Presensky
) proceeds are received.
$400.000
Other Funding Sources:
FRDAP
$200,000
(301-2000-572-6938)
plans into one bid. This portion is on hold until all noticc
ANTICIPATED COMPLETION DATE: Mav 2005
This project will link the BRCRC to the ballfield complex
located adjacent to PB Gardens High School. The proposed
bridge & extension of the exercise trail will provide
convenient and safe access to a wide range of recreation
opportunities. TBA
Xy Hall Building
tenovations
'roject Manager: Engle
9 TBA
ANTICIPATED COMPLETION DATE: lune 2005
This project involves the renovations of several departments
in City Hall to provide for additional office space. In addition,
the lobby at the Building Department will be redesigned to
provide for additional function and security.
Staff will be the GC for this project and is currently obtaining costs to complete this project. Staff hired EDG to design the
park layout, landscape and irrigation.
Dog Run
'roject Manager: Kelly
ANTICIPATED COMPLETION DATE: February 2005
This project is for construction of a dog park run to be located
adjacent to the Lilac Athletic Facility.
$40.000
(301-2000-572-6939)
rennis Center Expansion
Project Manager: Reidy
Final plans are due back from the architect, Alan Strassler, in a few weeks. Construction should begin in February.
(301 -2000-572.6943) ANTICIPATED COMPLETION DATE: TBD
This project includes construction of four (4) HarTru tennis
courts at the Tennis Center including bleachers, shade
structure, benches, fitness trail, and picnic table.
TBA
$25,000
(301 -2000-572.6942)
Staff is currently obtaining quotes for fencing. In addition, modifications to the code are necessary to make park viable.
I $400,000
The design/build bid package is complete and will be advertised in January. Bids will be due in mid February with an
intended award presented to Council on March 3rd.
15
PLANNING PHASE PROTECTS
2004-017
UPDATE
Brief Description/
ter park, multi-purpose field
storage facility, amphitheatre
Project Manager: Presensky
oup picnic area, family picnic area, and upland
The County still owns this property, but its use is currently being evaluated by the City. The City is working to
rezone the land to conservation. This item will be presented to Council in January.
Countywide Consortium - ANTICIPATED COMPLETION DATE: December 2004
Radio Equipment This project includes the implementation of the interoperable 800
MHz radio system, which will increase communications between
Project Manager: Foster neighboring cities.
The interlocal agreement is still being worked on with the County.
ANTICIPATED COMPLETION DATE: December 2004
This project contracts an Architect to perform a needs
assessment and to study the feasibility of renovating Fire Station
Fire Station No. 2
Project Manager: Fetterman
2004-001
2005-021
$50,000
(001 -1230-522.6921)
$400.000
(301 -2000-572.6941)
City Park - Phase 11
tennis courts, picnic facilities, hard surface exercise trail and TBA
The study is complete and the architect recommends a new building over renovating the old one. Staff is currently
negotiating a reuse fee for the design. 1 UPDATE I
Project Manager: Presensky
Project Manager: Wilson
Garage Bay Doors
2004-014
related equipment, sports lighting, and playground shade
structure. I TBA
$30,000
(501-3020-539-6934)
The new doors are scheduled to be installed in late January, in conjunction with the reconstruction of the building. I UPDATE I I I I I
$211,000
(001-1000-521.6937)
The FRDAP grant was submitted in mid- November. Award of the project will not be noticed until mid April. 1 UPDATE 1
16
2005-024
UPDATE
2005-026
NO
UPDATE
2005-027
UPDATE
2005-028
UPDATE
2005-029
UPDATE
2005-030
UPDATE
(103.3000.539.6944)
roject Manager: Reyes
us Shelters for US1
The funding agreement for the two bus shelters has been fully executed. The site plan has been submitted to FDOT
for review/approval. FDOT has a drainage project in close proximity to this location in October 2005.
the railroad crossing on Lighthouse Drive, and the installation
of reflectors and horns at all other railroad crossings within the
reject Manager: Clark
.ailroad Crossing
nprovements $250,000
(001.3050.541.6946)
~~
LBFH submitted a proposal for related engineering services, which is currently under review by staff. Staff is
awaiting approval from FEC for improvements to the crossing at Lighthouse Drive.
lex Circle Greenspace
'roject Manager: Kelly
Ilex Circle with turf, plants and irrigation to make it more useful
and aesthetically pleasing. In addition, the project will also place
a timed locking device on the adjacent footbridge to control
access.
$25,000
(301 2000.572.6947)
This project is currently underway. A neighborhood meeting was held the first week of December. Turf, irrigation
palms and a security gate will be installed by late February.
$400,000
(301.2000.572.6948)
ANTICIPATED COMPLETION DATE: TBD
playground, picnic areas, boat facilities, and improvements to
the existing baseball field and exercise trail. Partial funding will
e applied for through the FRDAP program.
ilac Park
'roject Manager: Presensky
Other Fundine Sources:
FRDAP $200,000
N/A
I N/A
The FRDAP application has been submitted. Award of the project will not be noticed until mid April.
hilding Reconstruction
'roject Manager: Wilson
This project involves the reconstruction of the Public Works
'ublic Works Office L
(001.3030.539.6949)
I I
This project includes the installation of a card reader system at
'roject Manager:
Tire Station # 1
Zard Reader System L
(001.1230.522.6950)
17
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris, City Manager DATE: January 27,2005
Allan Owens, Finance Administrator
Mary Anderson, Finance Manager
FROM: Stacy A. Rundle, Grants/Contracts
SUBJECT: Grant Status ReDort
Listed below, by department, are the various City projects funded in part or in whole by
grants along with a status report on the project to date:
COMMUNITY SERVICES
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Military Trail Median Beautification - 1-95 north to the EPB-3 canal
Keep Palm Beach County Beautiful - BCC Funds
$66,679
$66,679
TBD
The funding agreement with Palm Beach County has been
approved and executed by all parties. Staff is preparing bid
documents for the project and anticipates starting construction this
spring.
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Military Trail Median Beautification - PGA Boulevard south to the city limit
Keep Palm Beach County Beautiful - MPO Funds
$89,046.50
$89,046.50
TBD
The funding agreement with FDOT has been a.pproved and
executed by all parties. Staff is preparing bid documents for the
project and anticipates starting construction this spring.
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Thompson River Linear Park
Land and Water Conservation Fund (LWCF)
$200,000
$200,000
The funding agreement with the State has been approved and
executed by both parties. Staff is moving forward with
construction of the park.
Project :
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Sandhill Crane Access Park
FRDAP
$200,000
$200,000
\\PbgsfileFinancekrundle\Grants\Grant Status Reportdoc
Status:
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
The funding agreement with the State has been approved and
executed by both parties. Staff is moving forward with
construction of the park.
City Park Phase II
FRDAP
$200,000
$200,000
TBD
An application for grant funds has been submitted by the
Community Services Department to the FRDAP program for the
second phase of park improvements scheduled for City Park.
Staff anticipates notification of award in May pending approval of
the budget by the State Legislature.
Lilac Park Phase I
FRDAP
$200,000
$200,000
TBD
An application for grant funds has been submitted by the
Community Services Department to the FRDAP program for
improvements to Lilac Park. Staff anticipates notification of award
in May pending approval of the budget by the State Legislature.
POLICE DEPARTMENT
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Grant Amount:
City Ma tch:
Grant Deadline:
Aggressive Driving Project - Year 3
FDOT Highway Safety Funds FY 2003104
$64,493
$51,253
September 30, 2004
This project was completed on September 30, 2004 and all grant
funds have been received by the City.
DUI Enforcement Project
FDOT Highway Safety Funds FY 2003/04
$1 3,600
$0
September 30, 2004
This project was completed on September 30, 2004 and all grant
funds have been received by the City.
Occupant Safety Project
FDOT Highway Safety Funds FY 2004105
$1 3,900
$1,000
September 30, 2005
19
\\Pbgsfile\Finance\srundle\Grants\Grant Status Repotdoc
Status:
Project:
Grant Source:
Year:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Year:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Year:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Year:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
An application for funding for an Occupant Safety Project has
been submitted to FDOT for review and approval.
Various equipment purchases
Local Law Enforcement Block Grant (LLEBG)
2003
$1 9,342
$2,149
2005
This project is complete. Funds were used to buy computer and
electronics equipment in accordance with the restrictions of the
grant program.
Various equipment purchases
Local Law Enforcement Block Grant (LLEBG)
2004
$1 0,000
$1,000
2006
The City has submitted its application for the 2004 LLEBG
program. Approval by the DOJ is pending.
Police Communications Equipment
Palm Beach County E91 1 Funds
2004
$163,575
NIA
NIA
The Police Department participates in the County’s 911 Grant
Program. Each year, a list of items, including a percentage of call-
taker salaries, is presented to 911 Management for inclusion in
the program. These funds allow for the purchase of
communications-related equipment and materials, maintenance of
same, and a percentage of call-taker salaries. Funds are provided
on a reimbursement basis. The City has received all funds
requested to reimburse it for purchases made during the FY 2004
year. The project request for FY 2005 has been submitted to
Palm Beach County for approval.
Bulletproof Vest Program
US Department of Justice
2003
$29,957.58
$29,957.58
September 30, 2007
This project is on-going. The funds may be used to purchase
ballistic and stab vests for law enforcement officers.
Universal Hiring Grant
20 \\Pbgsfile\Finance\srundle\Grants\Grant Status Repoitdoc
Grant Source:
Year: 2003
Grant Amount:
City Match:
Grant Deadline: August 31,2006
Status:
US Department of Justice
$375,000 over three (3) years
$51 1,825 over three (3) years
This program provides partial funding for five (5) new, additional
full-time officer positions over three (3) years specifically to bolster
community policing efforts in the city. This is the first time the
department has participated in this program.
\\Pbgsfile\Finance\srundle\Grants\Grant Status Repoftdoc
21
Assets
Cash and Investments
Accounts Receivable
Restricted assets:
City of Palm Beach Gardens
Balance Sheet
General Fund 001
December 2004
$ 38,71731 0
3,266,9 14
Cash and Cash Equivalents 3,s 19
Total Assets 41,988,243
Liabilities
Accounts Payable
Due to Other Governments
Contractor Engineering Deposits
Other Liabilities
144,408
2,450,677
349,424
106,406
Payroll Liabilities 55,159
Total Liabilities 3,106,075
Fund Balances
Reserved for Law Enforcement
Reserved for Encumbrances
Reserved for Prepaid Expenses
Designated Proiects
25,s 16
3,736,197
16,906
7,580,478 - Unreserved Fund Balance 27,523,072
38,882,168 Total Fund Balances
Total Liabilities and Fund Balances $ 41,988,243
22
City of Palm Beach Gardens
Revenue and Expenditure Statement
General Fund 001
Year To Date Through December 3 1,2004
Revenues
Taxes
Franchise Fees
Licenses and Permits
Grants
Intergovernmental
Charges for Services
Fines and Forfeitures
Interest
Miscellaneous Revenue
Transfer in
Other Financing Sources
Annual Percent
Budget 200412005 200312004 of Budget
$ 35,119,880 $ 30,722,403 $ 26,433,957 87.48%
3,235,550
4,056,300
198,700
4,463,965
1,398,960
423,500
505,500
1,594,100
108,007
825,340
2,011,798
1,191,146
598,226
6,255
92,859
21 3,441
27,002
796,016
1,554,4 15
25,265
1,069,5 19
453,998
19,560
42,804
208,043
56,191
25.51%
49.60%
0.00%
26.68%
42.76%
1.48%
18.37%
13.39%
25.00%
0.00%
Appropriated Fund Balance 15,319,113 0.00%
Total Revenues $ 66,423,575 $ 35,688,470 $ 30,659,768 53.73%
Expenditures
City Council
Administration
Economic Development
Information Systems
City Clerk
Legal Services
Human Resources
Finance
General Services
Police
Fire
Growth Management
Parks and Recreation
Grounds Maintenance
Public Works
$ 245,999
589,335
237,789
1,600,3 15
338,859
381,104
91 2,228
75 1,205
11,528,688
15,480,626
14,411,134
3,75 1,167
4,163,200
1,867,928
10,163,998
$ 63,283
148,560
54,962
228,964
72,192
71,815
218,846
187,050
2,822,630
3,010,7 14
3,109,054
791,879
853,977
3 0 8,2 7 2
1,272,460
$ 35,380 .
102,386
54,945
247,8 13
62,485
46,425
155,016
136,887
1,603,176
2,785,936
2,608,471
511,202
1,205,337
848,130
25.72%
25.21%
23.11%
14.31%
21.30%
18.84%
23.99%
24.90%
24.48%
19.45%
21.57%
21.11%
20.5 1%
16.50%
12.52%
Undesignated Reserve 0.00%
Total Expenditures $ 66,423,575 $ 13,214,658 $ 10,403,589 19.89%
Excess of Revenues over Expenditures 22,473,8 13 20,256,179
Fund Balances, beginning of year 16,408,355
Fund Balances as of December 31,2004 $ 38,882,168
23
GENERAL FUND 001 ANALYSIS
GENERAL NOTE:
The financial reports are formatted for management's use and, as such; generally do not include
all the classifications, accruals and footnotes which would accompany fiscal year-end reporting.
The budget figures reflect the appropriations from prior year for financial presentation purposes.
This budget amendment will go before council in the 2nd quarter for approval.
ASSETS
0 Accounts Receivable $3,266,914 - This amount consist of FEMA accrual for Hurricane
Frances $1,585,908, FP&L fi-anchise fees $550,000, Half cent sales tax $228,000,
Communications Services tax $55,000, EMS Fees $470,45 1, Accrued Interest
Receivables $59,830 and Other Receivable $3 17,725.
0
LIABILITIES
0 Due To Other Governments $2,450,677 - This amount consists of County impact fees
$2,407,739, HRS-radon gas payable $8,762, Building Certification $8,763, Disposal Fees
$25,287, and Sales Tax $126.
Escrow Deposits - $349,424 - This amount consists of Engineering escrow of $163,894
and $185,530 in contractor's surety for traffic signals, parking, streetscaping,
landscaping, etc.
RE VENUES
General Fund revenues for the period ending December 3 1, 2004 total $35,688,470. Excluding
fund balance carry-forward, total revenues represent 70% of estimated earnings. Total revenues
for the same period last fiscal year were $30,659,768. Refer to the Transmittal Letter section of
this report for an analysis of general fund revenues through the 1 st quarter.
EXPENDITURES
Total General Fund expenditures for the three months ending December 31, 2004 total
$13,214,658 or 20% of projected budget, compared to last year's total for the same period of
$10,403,588.
24
City of Palm Beach Gardens
Balance Sheet
Local Option Gas Tax Fund 103
December 2004
Assets
Cash and Investments $ 533,067
Accounts Receivable 39,900
Total Assets 572,967
Liabilities
Total Liabilities
Retainage Payable
Fund Balances
Reserved for Encumbrances
Designated Projects
31 1,901
343,617 -
Fund Balance (82,551)
Total Fund Balances 572,967
Total Liabilities and Fund Balances $ 572,967
25
City of Palm Beach Gardens
Revenue and Expenditure Statement
Local Option Gas Tax Fund 103
Year To Date Through December 3 1,2004
Revenues
Local Option Gas Tax
Interest
State Grants
Transfer In
Annual Percent
Budget 2004/2005 2003/2004 of Budget
$ 560,000 $ 119,840 $ 137,752 2 1.40%
8,000 3,33 1 2,143 4 1.64%
7,500 0.00%
33,780 0.00%
Appropriated Fund Balance 541,62 1 0.00%
Total Revenues $ 1,143,401 $ 130,671 $ 139,895 11.43%
Expenditures
Electricity $ 150,000 $ 26,850 $ 24,129 17.90%
Repairs & Maintenance 452,553 10,857 28,878 2.40%
Improvements Other than Buildings 540,589 121,756 30,768 22.52%
Reserve 259 0.00%
Total Expenditures $ 1,143,401 $ 159,462 $ 83,775 13.95%
Excess of Revenues over Expenditures (28,791) 56,120
Fund Balances, beginning of year 601,758
Fund Balances as of December 31,2004 $ 572,967
26
LOCAL OPTION GAS TAX FUND 103 ANALYSIS
GENERAL NOTE:
The financial reports are formatted for management's use and, as such; generally do not include
all the classifications, accruals and footnotes which would accompany fiscal year-end reporting.
The budget figures reflect the appropriations from prior year for financial presentation purposes.
This budget amendment will go before council in the 2nd quarter for approval.
ASSETS
0 Accounts Receivable ($39,900) - This amount consists of Local Option Gas Tax
revenues due from the State of Florida.
REVENUES
Total Revenue $130,671 - Revenues through the first quarter of the fiscal year are at
22% of anticipated revenues excluding fund balance carry-forward while revenues for the
same period last fiscal year were $139,895. We are slightly under budget and staff will
monitor this closely through the 2nd quarter. Reimbursement from Palm Beach County in
the amount of $7,500 for the completed Lakeside bus shelter has been received. Interest
earnings in the fund total $3,331 compared to last fiscal year's total of $2,143.
EXPENDITURES
Total Expenditures $159,462 - Expenditures for the first quarter total $159,462 and
represent approximately 14% of total budget. These expenditures include $103,452 for
MacArthur Blvd. beautification, $7,645 Roadway/Sidewalk resurfacing, $10,660
Hurricane Debris Removal for the Swale Restoration Project, and $37,706 for repairs and
maintenance. For a complete list of projects budgeted in the Gas Tax Fund, along with
the status of each, please refer to the Capital Improvement Projects (CIP) Update section
of this report.
27
City of Palm Beach Gardens
Balance Sheet
Recreation Special Revenue Fund 104
December 2004
Assets
Cash and Investments fi 164.032
Total Assets 164,03 2
Liabilities
Accounts Payable 27,073
Total Liabilities 27,073
Fund Balances
Reserved for Encumbrances 25,899
Unreserved Fund Balance 1 I 1,060
Total Fund Balances 136,959
Total Liabilities and Fund Balances $ 164,032
28
City of Palm Beach Gardens
Revenue and Expenditure Statement
Recreation Special Revenue Fund 104
Year To Date Through December 3 1,2004
Annual Percent
Revenues Budget 2004/2005 2003/2004 of Budget
Administration/Resources $ 27,962 $ 21,929 $ 78.43%
General Programs 757,439 227,177 90,061 29.99%
Recreation Youth Enrichment Program 555,844 53,978 9.7 1 %
Interest Income 1,500 608 391 40.55%
Athletics and Special Facilities 434,635 179,029 209,07 1 41.19%
Sponsorship/Donations 1,500 0.00%
Appropriated Fund Balance 26,861 0.00%
Total Revenues $ 1,804,241 $ 482,721 $ 301,023 26.75%
Expenditures
Administration/Resources $ 148,824 $ 25,103 $ 38,417 16.87%
General Programs 516,259 41,116 106,526 7.96%
Athletics and Special Facilities 522,067 135,159 90,180 25.89%
Recreation Youth Enrichment Program 530,583 119,374 22.50%
Transfer to General Fund 55,245 13,811 43,000 25.00%
Res e r v e 3 1,263 0.00%
Total Expenditures $ 1,804,241 $ 334,563 $ 278,123 18.54%
Excess of Revenues over Expenditures 148,158 22,900
Fund Balances, beginning of year (11,199)
Fund Balances as of December 31,2004 $ 136,959
29
RECREATION SPECIAL REVENUE FUND 104 ANALYSIS
GENERAL NOTE:
The financial reports are formatted for management's use and, as such; generally do not include
all the classifications, accruals and footnotes which would accompany fiscal year-end reporting.
The budget figures reflect the appropriations from prior year for financial presentation purposes.
This budget amendment will go before council in the 2"d quarter for approval.
REVENUES
Tutuf Revenues $482,721 - This amount consist of Programs $227,177, Administrative
Resources $21,929, Athletics and Special Facilities $179,029, Recreation Youth
Enrichment $53,978 and Interest $608. For the current fiscal year, a new category was
added for our Recreation Youth Enrichment Program. Overall, revenues are
approximately 27% for the period ending December 31, 2004. Total revenues for the
same period last fiscal year were $301,023. Revenues are at an expected level for the
three months ending December 3 1,2004.
EXPENDITURES
Tutuf Expenditures $334,563 - Total expenditures consist of AdministratiodResources
$25,103, General Programs $41,116, Athletics Special Facilities $135,159 and Recreation
Youth Enrichment Program $1 19,374. Overall, expenditures are approximately 19% for
the first quarter, which includes a transfer of $13,811 to the general fund. Total
expenditures for last fiscal year were reported at $278,123.
30
City of Palm Beach Gardens
Balance Sheet
Recreation Impact Fund 301
December 2004
Assets
Cash and Investments $ 6,878,804
Total Assets 6,878,804
Liabilities
Due to Other Funds
Total Liabilities
Fund Balances
Reserved for Encumbrances
Designated Projects
1,2 17,845
4,339,699
Unreserved Fund Balance 1,321,261
Total Fund Balances 6,818,804
Total Liabilities and Fund Balances $ 6,878,804
31
City of Palm Beach Gardens
Revenue and Expenditure Statement
Recreation Impact Fund 301
Year To Date Through December 3 1,2004
Annual Percent
Revenues Budget 200412005 200312004 of Budget
Recreation Impact Fees $ 2,235,192 $ 582,819 $ 199,922 26.07%
Interest 18,000 8,387 5,396 46.59%
Appropriated Fund Balance 5,904,221 0.00%
Total Revenues $ 8,157,413 $ 591,206 $ 205,318 7.25%
Expenditures
Equipment $ 20,000 $ -$ 0.00%
Reserve 872,991 0.00%
Other Improvements 7,264,422 24,048 9,129 0.33%
Total Expenditures $ 8,157,413 $ 24,048 $ 9,129 0.29%
Excess of Revenues over Expenditures 567,158 196,189
Fund Balances, beginning of year 6,3 1 1,647
Fund Balances as of December 31,2004 $ 6,878,804
32
City of Palm Beach Gardens
Balance Sheet
Police Impact Fund 302
December 2004
Assets
Cash and Investments 1,005,233
Total Assets $ 1,005,233
Liabilities
Total Liabilities
Retainage Payable
Fund Balances
Fund Balance 1,005,233
Total Fund Balances 1,005,233
Total Liabilities and Fund Balances 1,005,233
33
City of Palm Beach Gardens
Revenue and Expenditure Statement
Police Impact Fund 302
Year To Date Through December 3 1,2004
Annual Percent
Revenues Budget 200412005 200312004 of Budget
Police Impact Fees $ 196,649 $ 59,693 $ 20,094 30.36%
Interest 2,400 1,015 653 42.3 1 %
Appropriated Fund Balance 733,189 0.00%
Total Revenues $ 932,238 $ 60,708 $ 20,747 6.51 %
Expenditures
Equipment 400,000 5 1,870 13,263 12.97%
Undesignated Reserve 0.00%
Reserve 532,238 0.00%
Total Expenditures $ 932,238 $ 51,870 $ 13,263 5.56%
Excess of Revenues over Expenditures 8,838 7,484
Fund Balances, beginning of year 996,394
Fund Balances as of Decernber31,2004 $ 1,005,233
34
City of Palm Beach Gardens
Balance Sheet
Fire Impact Fund 303
December 2004
Assets
Cash and Investments $ 73 1,247
Total Assets 731,247
Liabilities
Total Liabilities
Retainage Payable
Fund Balances
Reserved for Encumbrances 20,328
Fund Balance 710,919
Total Fund Balances 731,247
~ Total Liabilities and Fund Balances !$ 731,247
35
Revenues
Fire Impact Fees
Interest
City of Palm Beach Gardens
Revenue and Expenditure Statement
Fire Impact Fund 303
Year To Date Through December 3 1,2004
Annual Percent
Budget 2004/2005 2003/2004 of Budget
$ 362,506 $ 119,611 $ 38,468 33.00%
3,500 3,153 860 90.08%
Appropriated Fund Balance 673,547 0.00%
Total Revenues $ 1,039,553 $ 122,764 $ 39,328 1 1.8 1 Yo
Expenditures
Materials & Supplies $ 78,348 $ 2,310 $ 2,8 12 2.95%
Equipment 417,209 32 1,490 42,356 77.06%
Capital Projects 24,084 0.00%
Undesignated Reserve 0.00%
Reserve 543,996 0.00%
Total Expenditures $ 1,039,553 $ 323,800 $ 69,252 3 1.15%
Excess of Revenues over Expenditures (201,036) (29,924)
Fund Balances, beginning of year 932,283
Fund Balances as of December 31,2004 $ 731,247
36
City of Palm Beach Gardens
Balance Sheet
Art Impact Fund 304
December 2004
Assets
Cash and Investments $ 563,983
Prepaid Expenses 55,856
Total Assets 619,838
Liabilities
Total Liabilities
Accounts Payable
Fund Balances
Reserved for Encumbrances 29,635
Designated Projects 364,176
Reserved Fund Balance 55,856
Fund Balance 170,173
Total Fund Balances 619,838
Total Liabilities and Fund Balances $ 619,838
37
Revenues
Impact Fees
Interest
City of Palm Beach Gardens
Revenue and Expenditure Statement
Art Impact Fund- 304
Year To Date Through December 3 1,2004
Annual
Budget 200412005
Percent
200312004 of Budget
$ 80,000 $
5,000
-$
2,235
0.00%
44.69%
Appropriated Fund Balance 806,463 0.00%
Total Revenues $ 891,463 $ 2,235 $ 0.25%
Expenditures
Improvements Other Than Building $ 354,121 $ 4,842 $ 1.37%
Total Expenditures $ 891,463 $ 4,842 $ 0.54%
Reserve 537,342 0.00%
Excess of Revenues over Expenditures (2,608)
Fund Balances, beginning of year 622,446
Fund Balances as of December 31,2004 $ 619,838
38
City of Palm Beach Gardens
Balance Sheet
Road Impact Fund 305
December 2004
Assets
Cash and Investments $ 9,026,328
Accounts Receivable 8,944
Total Assets 9,035,272
Liabilities
3,881,991
Total Liabilities 3,881,991 Deferred Revenue
Fund Balances
5,153,281
Total Fund Balances 5,153,281
Total Liabilities and Fund Balances $ 9,035,272
Fund Balance
39
City of Palm Beach Gardens
Revenue and Expenditure Statement
Road Impact Fund 305
Year To Date Through December 3 1,2004
Annual Percent
Budget 200412005 200312004 of Budget
19.21% $ 1,709,639 $ 328,353 $ 181,458
Revenues
City Road Impact Fees
Interest 12,000 433 1 2,915 3 7.76%
Appropriated Fund Balance 4,194,731 0.00%
Total Revenues $ 5,916,370 $ 332,884 $ 184,373 5.63%
Expenditures
Transfer to Bums Road Fund
Undesignated Reserve
702,373 175,593 39,274 25.00%
0.00%
Reserve $21 3,997 0.00%
Total Expenditures $ 5,916,370 $ 175,593 $ 39,274 2.97%
Excess of Revenues over Expenditures 157,29 1 145,099
Fund Balances, beginning of year 4,995,990
~______ Fund Balances as of December 31,2004 $ 5,153,281
40
City of Palm Beach Gardens
Balance Sheet
PGA Flyover Capital Project Fund 308
December 2 004
Assets
Cash and Investments $ 106,056
Prepaid Expenses 522,203
Total Assets 628,260
Liabilities
Total Liabilities
Accounts Payable
Fund Balances
Reserved Fund Balance 522,203
Fund Balance 106,056
Total Fund Balances 628,260
Total Liabilities and Fund Balances $ 628,260
41
City of Palm Beach Gardens
Revenue and Expenditure Statement
PGA Flyover Capital Project Fund 308
Year To Date Through December 3 1,2004
Annual Percent
Revenues Budget 2004/2005 2003/2004 of Budget
Special Assessment-PGA Flyover $ 138,516 $ -$ 191,644 0.00%
Interest 1,000 180 (35) 18.03%
25.00% Transfer In 175,000 43,750 34,250
Total Revenues $ 988,106 $ 43,930 $ 225,859 4.45%
Appropriated Fund Balance 673,590 0.00%
Expenditures
Professional Services-Other $ 15,000 $ -$ 0.00%
Improvements Other Than Building 305,040 0.00%
Principal -Debt 165,000 0.00%
Undesignated Reserve 0.00%
Reserve 384,923 0.00%
Interest -Debt 118,143 59,071 79,953 50.00%
Total Expenditures $ 988,106 $ 59,071 $ 79,953 5.98%
Excess of Revenues over Expenditures (15,141) 145,906
Fund Balances, beginning of year 643,401
Fund Balances as of December 31,2004 !$ 628,260
42
City of Palm Beach Gardens
Balance Sheet
Burns Road Improvements Fund 309
December 2004
Assets
Cash and Investments $ 580,746
Total Assets 580,746
Liabilities
Total Liabilities
Retainage Payable
Fund Balances
Reserved for Encumbrances
Designated Projects
13,905
326,063
Fund Balance 240,778
Total Fund Balances 580,746
Total Liabilities and Fund Balances $ 580,746
43
Revenues
Interest
Miscellaneous Revenue
Transfer In
City of Palm Beach Gardens
Revenue and Expenditure Statement
Burns Road Improvements Fund 309
Year To Date Through December 3 1,2004
Annual Percent
Budget 200412005 200312004 of Budget
-$ 1,763 $ 3,065 0.00%
44,819
702,373 175,593
0.00%
39,274 25.00%
Appropriated Fund Balance 350,766 0.00%
Total Revenues $ 1,097,958 $ 177,356 $ 42,339 1 6.1 5 %
Expenditures
Professional Services-Engineering $ 13,916 $ 749 $ 7,33 1
Professional Services-Legal 5,272
Land and Improvements 376,397 24,204 67,059
Debt Service Principal 4 10,000
5.38%
0.00%
6.43%
0.00%
Debt Service Interest 292,373 146,186 196,692 50.00%
Total Expenditures $ 1,097,958 $ 171,139 $ 271,082 15.59%
Excess of Revenues over Expenditures (0) 6,218 (228,743)
Fund Balances, beginning of year 574,529
Fund Balances as of December 31,2004 $ 580,746
44
CAPITAL PROJECTS FUND ANALYSIS
GENERAL NOTE:
The financial reports are formatted for management's use and, as such; generally do not include
all the classifications, accruals and footnotes which would accompany fiscal year-end reporting.
The budget figures reflect the appropriations from prior year for financial presentation purposes.
This budget amendment will go before council in the 2nd quarter for approval.
LIABILITIES
Road Impact Fund 305 -Deferred Revenue $3,881,991 - This figure represents the
build out administrative time extension which has been completed in the second quarter.
REVENUES
Total Impact Fee Revenues - Impact Fee Revenue totals $1,090,476 for the quarter
ending December 3 1,2004 or 24% of anticipated revenues.
Burns Road Improvements Fund 309- $177,356 - Revenues in this fund includes
interest income and a transfer in for debt service on the Series 2001 Revenue Bonds.
This project was completed in FY2004.
EXPENDITURES
Recreation Impact Fund 301 - $24,048 - Improvements for this fund include the second
phase of the Burns Road Community Recreation Campus, Thompson River Linear Park,
Lilac Park Phase I, City Park Phase I1 and a Dog Park.
0 Police Impact Fund 302 - $51,870 - These expenditures include the purchase of Police
RMS and CAD Software.
Fire Impact Fund 303 - $323,800 - The final payment of $295,476 was made in
December for a purchase order that was carried forward from FY04 for Scott Nexgen
Airpaks self-contained breathing apparatuses and equipment. The remaining $28,324
was for breathing air compressors and fill stations.
Art Impact Fund 304 - $4,842 - These expenses are for the PGA Flyover Sculptures
artist selection meetings.
Road Impact Fund 305 - $184,537 - The first quarter's transfer represents 25% of the
estimated transfer to cover the Series 2001 debt.
PGA Flyover Capital Projects Fund 308 - $59,071 - This is for debt service interest on
the Series 2001 Revenue Bonds.
Burns Road Improvements Fund 309 - $1 71,139 - We've paid half of our debt service
interest and $24,204 for the following Improvements: BRCC Monument Sign, irrigation
and sidewalk repairs along Burns Road and Alamanda School Entrance. Please refer to
the (CIP) section of this report for a complete update on the Burns Road Improvements.
45
City of Palm Beach Gardens
Balance Sheet
Public Golf Course 40 1
December 2004
$
Assets
Cash and Investments 349,174
Accounts Receivable 120
Pro Shop Inventory 3 1,896
Food Inventory 7,09 1
Beverage Inventory 1,654
Unamortized Bond Issue Cost (68,941)
Deferred Charges 696,904
Land, Building & Equipment (less Accumulated Depreciation) 4,4533 IO
Total Assets 5,472,809
Deposits 1,100
Liabilities
Accounts Payables 96,418
Compensated Absences 38,940
Due to other governmental units 6,626
Capital Lease 66,008
Gift Certificates 1,969
Revenue Bonds 6,4 10,000
6,6 19,96 1 Total Liabilities
Fund Balances
Reserved for Encumbrances 94,459
Reserved Fund Balance 15,688
Fund Balance (1,257,300)
Total Fund Balances (I, 147,153)
Total Liabilities and Fund Balances $ 5,472,808
46
Revenues
Green Fees
Cart Fees
Driving Range
GPS Fees
Pro Shop Sales
Prepaid Permits
Food Sales
Beverage Sales
Interest
Miscellaneous Revenue
Sprint Lease Proceeds
Transfer In
City of Palm Beach Gardens
Revenue and Expenditure Statement
Golf Course Fund 401
Year To Date Through December 3 1,2004
Annual Percent
Budget 200412005 200312004 of Budget
473,000 9 1,882 94,704 19.43%
$ 473,000 $ 74,659 $ 92,105 15.78%
34,830 7,842 7,3 16 22.52%
6 1,490 14,676 13,598 23.87%
45,150 9,827 10,895 2 1.77%
122,09 1 1 12,387 105,776 92.05%
69,660 14,100 15,683 20.24%
52,890 10,247 13,487 19.37%
4,000 2,257 144 56.42%
5,066 2,335 1,616 46.10%
429,704 107,500 104,297 25.02%
43,392 0.00%
Appropriated Fund Balance 24,434 0.00%
Total Revenues $ 1,838,707 $ 447,713 $ 459,621 24.35%
Expenditures
Pro Shop
Restaurant
Maintenance
Golf Administration
Golf Course Renovations
Debt Service-Principal
389,874 95,639 70,891 24.5 3 Yo
128,083 15,208 22,538 1 1.87%
26.56% 58 1,569 154,480 100,863
162,852 4 1,777 31,877 25.65%
24,434 0.00%
320,000 0.00%
Debt Service-Interest 23 1,895 1 15,948 155,585 50.00%
Total Expenditures $ 1,838,707 $ 423,051 $ 381,754 23.01%
Excess of Revenues over Expenditures 24,66 1 77,867
Fund Balances, beginning of year ( 1 , 1 7 I ,8 1 4)
Fund Balances as of December 31,2004 $ (1,147,153)
47
City of Palm Beach Gardens
Balance Sheet
Fleet Maintenance 501
December 2004
Assets
Cash and Investments $ 175,003
120,111 Inventory
2,092,2 1 1 Vehicles and Equipment (less Accumulated Depreciation)
2,387,325 Total Assets
Liabilities
Accounts Payables 19,500
Compensated Absences 7,604
Capital Lease-Long Term 635,766
6 6 2,8 7 0 Total Liabilities
Fund Balances
Reserved for Encumbrances 538,866
Reserved Fund Balances 22,562
Fund Balance 89 1,537
Investments in Capital Assets 27 1,489
Total Fund Balances 1,724,455
2,387,325 Total Liabilities and Fund Balances $
48
Revenues
Interest
Miscellaneous Revenues
Insurance Proceeds
CNG Fuel
Transfer In
City of Palm Beach Gardens
Revenue and Expenditure Statement
Fleet Maintenance Fund 501
Year To Date Through December 3 1,2004
Annual Percent
Budget 2QQ4I2QQ5 2QQ3J2QQ4 of Budget
$ 4,400 $ 1,239 $ 797 2 8.1 7%
59,732 0.00%
1,000 4,403 440.29%
98 118 0.00%
2,014,787 479,576 45 1,135 25.00%
Appropriated Fund Balance 1,385,685 0.00%
Total Revenues $ 3,465,604 $ 485,317 $ 452,050 14.00%
Expenditures
Personal Services $ 476,624 $ 116,823 $ 88,444 24.51%
Operating Expenses 568,132 143,694 104,9 13 25.00%
Capital Outlay 634,612 8,603 1.36%
Debt Service 339,186 270,942 247,408 79.88%
Transfer to General Fund 52,762 13,191 13,191 25.00%
Reserve 1,394,288 0.00%
Total Expenditures $ 3,465,604 $ 553,251 $ 453,956 15.96%
Excess of Revenues over Expenditures (67,935) (1,906)
Fund Balances, beginning of year 1,792,389
Fund Balances as of December 31,2004 $ 1,724,455
49
PROPRIETARY FUNDS ANALYSIS
GENERAL NOTE:
The financial reports are formatted for management's use and, as such; generally do not include
all the classifications, accruals and footnotes which would accompany fiscal year-end reporting.
The budget figures reflect the appropriations from prior year for financial presentation purposes.
This budget amendment will go before council in the 2nd quarter for approval.
LIABILITIES
Accounts Payable -Golf Fund 401 - $97,099 - Amount includes Accrued Interest
Payable $96,998, and Accounts Payable $100.
Accounts Payable -Fleet Fund 501 - $19,500 - Amount includes Accounts Payable $25
and Accrued Interest Payable $19,475.
REVENUES
Golf Course Fund 401 - $447,713 - Represent approximately 25% of projected budget
for the period ending December 3 1 , 2004. Prior year revenue was reported at $459,62 1.
Fleet Maintenance Fund 501 - $485,317 - Excluding fund balance carry-forward, total
revenues represent 24% of projected budget for the period ending December 3 1 , 2004.
Prior year revenues were reported at $452,050.
EXPENSES
Golf Course Fund 401 - $423,051 -Total Golf expenses represent 23% of projected
budget for the first quarter. Prior year expenditures for the same period totaled $381,754.
Fleet Maintenance Fund 501 - $553,251 - Expenditures total $553,251 of which $8,603
includes the purchase of a lift for the Golf Course.
50
CITY OF PALM BEACH GARDENS
CITY COUNCIL
SPECIAL MEETING
February 18, 2005
The February 18, 2005 Special Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:10 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor
Eric Jablin, and opened with the Pledge of Allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Vice Mayor Russo, Councilmember Delgado,
Councilmember Levy, and Councilmember Valeche.
Mayor Jablin announced that this meeting would consist of continuation of three public
hearings for amendments to the City’s comprehensive plan. He requested the audience
respect the City Council and each speaker.
PUBLIC HEARINGS:
Part I – Quasi-judicial - None
Part II – Non Quasi-judicial - Mayor Jablin outlined the procedures to be followed. The City
Attorney announced that all three hearings were still open from the previous night’s meeting,
and that Ordinance 7, 2005 and Ordinance 9, 2005 would be considered together. Vice
Mayor Russo made a motion that all comments received as part of any of the public hearings
held last night or the continuation tonight would be part of the official record for
consideration in the vote by the City Council on any of these items. Motion was seconded by
Councilmember Levy and carried by unanimous 5-0 vote.
Ordinance 7, 2005 – Comp Plan Future Land Use Map amendment. (First reading and
transmittal hearing). An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida, providing for a Land-Use Map Amendment to the Comprehensive Plan of the City
of Palm Beach Gardens relating to certain properties consisting of approximately 708.14
acres, generally located at the North East side of the intersection of Hood Road and the
Florida Turnpike and South of Donald Ross road, commonly referred to as “Briger Tract,” to
change the land-use designation from Commercial (C) and Residential Low (RL) land-use
designation to Mixed-Use (MXD) land-use designation; and providing an effective date. The
City Clerk read Ordinance 7, 2005 by title only on first reading. Ordinance 9, 2005 – Comp
Plan Conservation Element amendment. (First reading and transmittal hearing). An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the
Conservation Element of the Comprehensive Plan of the City of Palm Beach Gardens
relating to the protection of environmentally sensitive areas and listed species; and providing
an effective date. The City Clerk read Ordinance 9, 2005 on first reading by title only.
Senior Planner Kara Irwin reviewed public notice requirements as requested by the City
Council the previous night. Ms. Irwin presented the proposed amendment for Ordinance 7,
2005. City Forester Mark Hendrickson recommended approval and answered questions from
the City Council. Joe McMann reviewed the traffic analysis and answered questions from the
City Council. Ms. Irwin presented the proposed amendment for Ordinance 7, 2005. City
Forester Hendrickson provided comments and recommended approval. Mayor Jablin called
on those present who had provided public comment cards that were filled out the previous
evening. Harvey Wittson, 4122 Venetia Way, asked if a greenbelt would be provided to
protect San Michele from Scripps. Jim Kuretski, Jupiter Councilmember, urged the Council
to vote in favor of Ordinance 7, 2005 and reported Jupiter had approved two biotech
CITY OF PALM BEACH GARDENS SPECIAL MEETING, 2/18/05 2
facilities in Abacoa. Mr. Kuretski advised he had obtained the traffic figures and reported the
numbers were consistent with those provided by the City’s traffic consultant, and Jupiter felt
establishing a workplace was the best use of Abacoa and the Briger site. He had established
this position years ago before Scripps had been proposed. Mr. Kuretski explained that the
Jupiter Council’s decision to have only 4 million square feet on Parcel 19 which was larger
than Briger where 8 million were proposed, was because there were not as many roadways
for traffic, with only Indiantown Road, and the Briger site would have Donald Ross Road,
Central Boulevard, I-95 and the turnpike. Jean Kulek, 4127 Venetia Way, commented that
people in other communities thought Briger was the best site because they were not on the
hot seat, and although the amendment was to change the land use, the presentation used all
the differences that were needed to create the Scripps site for which there had to be a site
plan, which was not a part of the presentation, and asked that this be turned down. Samantha
Gregory Gardner, 3154 San Michele Drive, who had worked on various projects in the city,
expressed concern about what was currently approved for mixed use, commercial, and
industrial, which she indicated was over 3 million square feet before Briger. Ms. Gardner
was in favor of the uplands change. Janet Steinger, 3146 San Michele Drive, commented San
Michele residents opposed land use and zoning changes and commented if it was changed to
mixed use and Scripps did not come, it could open up all kinds of things. Ms. Steinger
requested notification of such changes, and requested this be delayed so that low density
would remain until Scripps did come. Ms. Steinger requested a copy of the notification to
residents, and a copy of the proposed plan site and roadway. Michael Steinger, 3146 San
Michele, commended the Councilmember from Jupiter who spoke. He noted that Jupiter had
voted on a site plan and this city did not have a site plan to vote on. He commented that the
City’s crest did not represent what was now proposed, and indicated he did not understand
cash payments in lieu of preservation. Lori Limebrook, 4124 Venetia Way, reported being
stuck in traffic the previous night and commented on how much more traffic there would be
if Briger came. She felt it would be premature to change the land use at this time except for
a passive park or a dog park. Howard Rosenkranz, 25 Princewood, reported he received
many calls that a Friday meeting conflicted with some people’s religious beliefs, expressed
his opinion this would be damaging to the city, and commented true detailed environmental
surveys should be done. Rick Sartory, 4134 Lakespur Circle South, asked that the City
Council not support Ordinance 7, 2005. He expressed his support for the economic
development and the addition to the comp plan, but not Ordinance 7, 2005, which he felt was
premature at this time. Troy Fee, 3144 San Michele Drive, asked the Council not to make a
decision without all the information, and felt there was not sufficient traffic information.
John Chaplik, The Isles, expressed support for Ordinance 7, 2005 to provide R&D jobs and
diversification of the tax base, and commented on traffic. Bob Kaplin, 102 Windwood Drive,
asked if a change could be make in a conditional way, expressed concern with traffic on
PGA Boulevard, and asked if there was a specific set of data of what would actually happen
on PGA Boulevard comparing Mecca, Research Park, and Briger, and how that would affect
the area between the turnpike and Palm Beach Gardens. Vito DeFrancesco, Shady Lakes, felt
his rights were being taken away by only being allowed to speak to one of the issues. City
Attorney Tatum advised Mr. DeFrancesco was free to speak to either or both amendments,
and his more general comments made last night were part of the record. Mr. DeFrancesco
stated he opposed this, that forbearance property was a part of this and was being ignored.
Mr. DeFrancesco noted there were two traffic reports with different numbers. He stated that
CITY OF PALM BEACH GARDENS SPECIAL MEETING, 2/18/05 3
did not believe there could be 5 story building height under the comprehensive plan, and that
the requirement not to mitigate preserved land on a site over 40 acres was being eliminated.
Randolph Hansen, 9 Dunbar Road, reported he was a member of the PZA board and had
reviewed this ordinance, and commended staff on an excellent and professional job. Mr.
Hansen expressed his support for this ordinance, which would diversify the City’s tax base,
and reminded everyone that all site plans would be reviewed in detail and there would be
public hearings for whatever went on this site. Pat Hughey, 9120 Reed Drive, asked if this
plan began before Scripps came into the picture and requested confirmation that the vote of
recommending boards was representative of all members. Ms. Hughey encouraged the public
to attend council meetings. Carol Estrada, 309 Riverside Drive, commented over the years
nobody wanted development, and people came through her neighborhood to go to various
places. She had opposed many things, but staff answered her questions. Ms. Estrada stated
that if people were going to come to complain, they should come more often to be educated
on how the city government worked. Ms. Estrada commended staff for their work. Joan
Elias, 1009 Diamond Head Way, thanked Ms. Estrada and commented newcomers did not
understand the process, and the process must be started to make this property viable for
economic development, or taxes would have to be increased in order for the City to survive.
Steve Barnes, 1011 Shady Lakes Circle, asked if staff or Council had had a conversation
with the owner of the Briger Tract. Kevin Carpenter, 5122 Isabella Drive, asked if staff
could be asked questions when they responded to the questions. Vice Mayor Russo
recommended a workshop for that purpose. Mr. Carpenter asked that all the data be
presented. Mayor Jablin declared the public hearing closed. Staff answered the questions
asked by the public during their public hearing comments, which included discussion of
traffic. Discussion and comments by the Council ensued. Vice Mayor Russo made a motion
to approve Ordinance 7, 2005. Councilmember Levy seconded the motion which carried 4-1
with Councilmember Delgado voting against the motion.
Councilmember Levy made a motion to approve Ordinance 9, 2005. Vice Mayor Russo
seconded the motion. During discussion of the motion, the City Forester confirmed that
when determining an upland viable, three components were required, and anything less was
less than viable. Motion carried 4-1 with Councilmember Delgado voting against the motion.
Ordinance 8, 2005 – Comp Plan Capital Improvements Element Amendment.(First reading
and transmittal hearing) An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida amending the Capital Improvements Element of the City of Palm Beach
Gardens Comprehensive Plan to include projects which are necessary for the City to
continue to meet its adopted level-of-service standards; and providing an effective date. The
City Clerk read Ordinance 8, 2005 on first reading by title only. City Engineer Dan Clark
presented the staff report. Mayor Jablin announced the public hearing was still open from the
previous night. Vito DeFrancesco, Shady Lakes, commented land use could not be changed
on forbearance property, and asked about the roads in the capital improvements element.
City Engineer Clark discussed the three roads proposed. Troy Fee, San Michele, asked when
the road would be developed, to which the answer was, when it was needed. Hearing no
further comments from the public, Mayor Jablin declared the public hearing closed.
Councilmember Levy made a motion to approve Ordinance 8, 2005. The motion was
seconded and carried by unanimous 5-0 vote.
Vice Mayor Russo asked if the time that banners were allowed to be up for Taste of the
Gardens to benefit the Honda Classic could be extended. Vice Mayor Russo made a motion
CITY OF PALM BEACH GARDENS SPECIAL MEETING, 2/18/05 4
to add five extra days to the time banners were displayed for the Taste of the Gardens event.
Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote.
RESOLUTIONS:
Resolution 10, 2005 - Borland Center for Community Enrichment. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida accepting a conservation easement from
Palm Beach Acquisitions LLC, a Florida Limited Liability Company, for a 4.6-acre site off
the Beeline Highway, opposite the North County Regional Airport, as more particularly
described herein, as an off-site upland preserve set aside for the Borland Center Planned Unit
Development; approving the Borland Center Plat; accepting a deed for Shady Lakes Drive
consistent with the Borland Center Plat; and providing an effective date. Talal Benothman
presented the staff presentation and answered questions from Mr. Vito DeFrancesco. City
Forester Hendrickson answered questions from Council. Steve Barnes, 1011 Shady Lakes
Circle, opposed the proposed off-site mitigation and presented materials from a Planning and
Zoning Commission meeting where this had been considered. Mr. Barnes asked that the
beauty of PGA Boulevard be allowed to remain and that the minimum on-site preservation
be 4.5 acres. Vito DeFrancesco, Shady Lakes, discussed concurrency, and stated the third
condition had not been complied with. Mr. DeFrancesco discussed on-site preservation. Mr.
DeFrancesco distributed materials to the City Council and the City Clerk. Mr. DeFrancesco
expressed his position that the proposal could not be done by the comprehensive plan.
Raymond Royce, attorney for the applicant, rebutted, stating the comprehensive plan
provided for off-site mitigation and explaining choices available under the plan. Attorney
Royce indicated Mr. DeFrancesco’s figures were incorrect because they were old, out of
context, and changes had been made. Mr. DeFrancesco responded the amount of land to be
purchased did not change and yet the amount to mitigate off-site did increase. Mayor Jablin
declared the public hearing closed. Discussion ensued by City Council. Vice Mayor Russo
made a motion to approve Resolution 10, 2005. Motion was seconded by Councilmember
Valeche. During discussion of the motion it was clarified the City would have the easement
and the cash, not cash in lieu of. Motion carried by unanimous 5-0 vote.
CITY OF PALM BEACH GARDENS SPECIAL MEETING, 2/18/05 5
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at 11:27 p.m.
APPROVAL: ____________________________________
MAYOR RUSSO
____________________________________
VICE MAYOR JABLIN
____________________________________
COUNCILMEMBER LEVY
____________________________________
COUNCILMEMBER VALECHE
____________________________________
COUNCILMEMBER BARNETT
ATTEST:
____________________________________
PATRICIA SNIDER, CMC
CITY CLERK
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
March 3, 2005
The March 3, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:03 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor
Eric Jablin, and opened with the pledge of allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Vice Mayor Russo, Councilmember Delgado,
Councilmember Levy, and Councilmember Valeche.
ITEMS OF RESIDENT INTEREST:
Councilmember Delgado reported the Taste of the Gardens event had been wonderful.
Councilmember Levy described how geologists could help the environment and that was the
type of business he would like to bring to the City under the value added employment
program. Vice Mayor Russo agreed that the Taste of the Gardens event just got better and
better, and requested a letter of appreciation be sent to the Channings. Vice Mayor Russo
publicly thanked the staff for their presentation to the county, but commented as long as the
county was in the lead on Scripps they would not allow it to be in any jurisdiction except the
county, and he believed this was a dead issue. Vice Mayor Russo felt the State should be
notified that the City wished to withdraw their amendment to the comprehensive plan. The
City Attorney indicated proper procedure would be to provide notice that this would be
placed on an agenda. The Vice Mayor requested this matter be placed on the next agenda.
Councilmember Delgado made a motion to rescind Ordinance 4, 2005, Ordinance 7, 2005
and Ordinance 9, 2005. Vice Mayor Russo stated he wished to re-hear, not rescind. The City
Attorney recommended these be placed on an agenda and that public notice be given to
everyone who received the prior notice. It was requested this be placed on the next agenda.
Discussion ensued regarding sending notice to every resident in the City. The Vice Mayor
expressed his opinion everyone who spoke at the last meeting should be notified. Vice
Mayor Russo moved the three ordinances be placed on the next agenda for purposes of
discussion of withdrawal. Councilmember Delgado seconded. Growth Management
Administrator Charles Wu advised there was not time to get notices out before the next
meeting, and clarified that the ordinances in the motion were Ordinance 4, land use text
amendment; Ordinance 7, map amendment; Ordinance 9, conservation element, and the one
excluded was Ordinance 8. Vice Mayor Russo requested this be a discussion item at the
beginning of the meeting. Councilmember Valeche requested staff review the whole process
of how the economic development initiatives were developed. Vice Mayor Russo felt this
was an item for another time. It was clarified that no staff presentation would be made, that
this was to be a discussion item. Following further clarification of the options available,
Councilmember Valeche again requested a presentation on two ordinances 4 and 9. The vote
on the motion carried by unanimous 4-1 vote with Councilmember Levy against. Vice
Mayor Russo asked that the Council Chambers not be used for expressing personal views or
political attacks, and the City Attorney advised that the Mayor could set those parameters.
Councilmember Delgado expressed agreement. Vice Mayor Russo made a motion not to
hear political comments. Motion was seconded and carried by unanimous 5-0 vote. Vice
Mayor Russo asked Finance Director Owen how much taxes had increased over the last
three years. The Finance Director responded that taxes had gone down about 4% over the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/3/05 2
last three years. Councilmember Valeche commented that Ms. Irwin and Ms. Wong had
made incredibly commendable presentations before the county, with which Mayor Jablin
expressed agreement.
CITY MANAGER REPORT:
City Manager Ron Ferris reported that the cost of the brochure mailed out to residents
regarding Scripps cost approximately $13,000.00.
PUBLIC COMMENTS
Tom Sosey, Bent Tree, expressed concern that staff had indicated they could not respond to
residents of Bent Tree regarding nearby projects because everyone was tied up with the
Briger tract. Mr. Sosey asked the number of Growth Management employees a year ago
compared with now, and the dollar difference, and if people were employed to deal with
Briger when they would be let go, and requested an answer at the next Council meeting. Vito
DeFrancesco, Shady Lakes, indicated he had presented proof two weeks ago that City laws
were being broken regarding concurrency and destroying uplands, and commented regarding
the amount preserved on the Borland Center project. It was asked that this be brought back at
the next meeting. John Chaplik, Hudson Bay Drive, thanked Mayor Russo and staff for a
terrific presentation to the county, and stated he was proud to be a resident of the City.
Carolyn Chaplik, Hudson Bay Drive, commented she was upset about the transmittal to
DCA discussion and suggested waiting for the DCA response and asked not to withdraw any
of the transmittals. Janet Steinger indicated she had asked for the material submitted to
Tallahassee and still had not received it, and also stated that residents had requested
transmittals not be made until Scripps decided they wanted to go on the Brigger site, and
asked the Council to think about the money that would be wasted by transmitting. Ms.
Steinger expressed her opinion that mixed use in residential areas would bring down what
Council had worked for. Joan Elias, Diamond Head Way, supported Ms. Chaplik’s
comments and commented the Briger site was not just being discussed for Scripps, and the
City had very little land left for economic development and could not continue to rely on
property tax for the City’s tax dollars, and expressed her opinion the Council would do what
was best for the whole City, not just a small portion. Tony Oliva, 3880 Begonia Street,
commented promises to cut swales in his area had not been kept by the City and runoff was
going into the Erman River and portions of the river had collapsed, and the next flood could
be disastrous and he would like the old neighborhoods taken care of. Mayor Jablin asked him
to contact the City Manager regarding this issue and if he did not get satisfaction to come
back to City Council. City Engineer Todd Engle spoke with Mr. Oliva to begin the process.
City Manager Ferris indicated there was a 5-year improvement program in place. Steve
Barnes, Shady Lakes Circle, asked City Council to mend fences with the County
Commissioners. Mr. Barnes wanted questions answered that he had asked regarding the
Briger project and how much taxpayer money was spent before council approval, stated he
resented that a Jupiter Councilmember came and made a presentation for the Town of
Jupiter, and expressed his opinion the amount of money spent on the traffic study was
understated. Julia Byrd commented she had received a recorded message from Karen Marcus
endorsing Eric Jablin for election using the City sound system. City Manager Ferris
commented no such phone call was made from City Hall, and he would look into this.
Councilmember Delgado commented she received the same phone call at her home from the
same number, 799-4158, which was a City number, and requested the City Attorney look
into this. Sherry Sudder, Gardens Woods, reported a house in her neighborhood was going to
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/3/05 3
be purchased by a for profit organization, and Councilmember Delgado had made a phone
call to stop the sale after City staff had indicated nothing could be done, and wanted to know
how the City could make sure this did not happen. Richard Sudder, Fir Street in Garden
Woods, expressed gratitude to Vice Mayor Russo and Councilmember Delgado for their help
in the situation his wife had described. Howard Rosenkranz, Princewood Lane, applauded
Vice Mayor Russo for bring up rescinding the transmittal of ordinances since Scripps was
not coming here, and asked that the public be notified regarding what was going to be done.
Pat Hughey, Reed Drive, commented she lived in the oldest section of town and her swale
had been done. Ms. Hughey asked that those fighting for our freedom be thanked, and
commented that the Vavrus property was going to be very important, and she would be
submitting items to the City Manager that she would like discussed. Ms. Hughey thanked the
City for the volunteer recognition.
CONSENT AGENDA
Vice Mayor Russo made a motion to approve the consent agenda. Councilmember Delgado
seconded the motion, which carried by unanimous 5-0 vote. The following item was
approved on the consent agenda:
a. Approve Minutes from the February 3, 2005 regular City Council meeting.
PUBLIC HEARINGS:
Part I – Quasi-judicial - Mayor Jablin reviewed quasi-judicial procedures. The City Clerk
swore in all those intending to offer testimony in any of the quasi-judicial cases.
Resolution 28, 2005 – Frenchman’s Creek Turf Maintenance Facility. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the site plan amendment
petition of Land Design South, agent for Frenchman’s Creek Inc., for the Turf Maintenance
Facility at the Frenchman’s Creek Planned Community Development (PCD), located East of
Alternate A1A, South of Donald Ross Road, and North of Hood Road, as described more
particularly herein; providing for waivers; providing for conditions of approval; and
providing an effective date. The City Clerk read Resolution 28, 2005 by title only.
Senior Planner Brad Wiseman presented the staff report. Mayor Jablin declared the public
hearing open and called for ex-parte communication, of which there was none. A
representative of Land Design South answered questions on behalf of the petitioner. Hearing
no comments from the public, Mayor Jablin declared the public hearing closed.
Councilmember Levy moved adoption of Resolution 28, 2005. Motion was seconded and
carried by unanimous 5-0 vote.
Resolution 29, 2005 - First National Center Sign Waiver. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving a waiver from City Code Section 78-
285, Permitted Signs, to allow for the installation of a tenant sign above the second floor line
on the West elevation, of the First National Center at Parcel 27.03, within the Regional
Center Development of Regional Impact (DRI), as more particularly described herein;
providing for a condition of approval; and providing an effective date. The City Clerk read
Resolution 29, 2005 by title only. Senior Planner Brad Wiseman presented the staff report.
Mayor Jablin declared the public hearing open and called for ex-parte communication, of
which there was none. Hearing no comments from the public, Mayor Jablin declared the
public hearing closed. Councilmember Delgado made a motion to approve Resolution 29,
2005. Councilmember Valeche seconded the motion, which carried by unanimous 5-0 vote.
CITY MANAGER
City Manager Ferris reported the number that had been shown on caller identification when
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/3/05 4
the calls from Karen Marcus endorsing Eric Jablin were received, 799-4158, had been
checked out and was not a working City number, and actually called the number so the
Council could hear the message that it was not a working number. It had been found to be a
cell phone number on the Nextel system. Staff reported it was not a City Nextel number.
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at 8:37 p.m.
APPROVAL: ____________________________________
MAYOR RUSSO
____________________________________
VICE MAYOR JABLIN
____________________________________
COUNCILMEMBER LEVY
____________________________________
COUNCILMEMBER VALECHE
____________________________________
COUNCILMEMBER BARNETT
ATTEST:
____________________________________
PATRICIA SNIDER, CMC
CITY CLERK
.A CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 23,2005
Meeting Date: April 07,2005
Resolution 35,2005
SubjedAgenda Item:
Resolution 35,2005: Urban County Program Interlocal Agreement with Palm Beach County
Consideration of Approval: Authorizing the Mayor and City Clerk to execute an interlocal
agreement between the City and Palm Beach County for the Urban County Program, which will
provide the City access to Community Development Block Grant (CDBG) and Home Investment
Partnership (HOME) Program funds for fiscal years 2006,2007,2008.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Administrator
Originating Dept.:
Growth Management:
Carey Fletcher
Planning Technician
Bahareh Wolfs, AICP
N/A
Development Compliance
[ ] Quasi-Judicial
[ 3 Public Hearing
[ 3 Legislative
[Xl Consent
Advertised:
[XI Not Required
Date: NIA
-Paper: NIA
Approved by:
Affected Parties:
[XI Not Notified
Finance:
costs: $ N/A
(Total)
$ NIA
Current FY
Funding Source:
[ 3 Operating
[X 3 Other
Budget Acct.#: N/A
City Council Action:
[ ]Approved
[ ] Approved w/
conditions
[ ]Denied
[ 3 Continued to:
Attachments:
0 Resolution 35,2005
Interlocal Agreement
Date Prepared: February 23,2005
Meeting Date: April 07,2005
Resolution 35,2005
EXECUTIVE SUMMARY
The adoption of Resolution 35, 2005 would authorize the City’s participation in the Palm Beach
County Urban County Program for fiscal years 2006,2007, and 2008. This will enable the City to
continue to access CDBG and HOME program funds as a part of the Palm Beach County Entitlement
Jurisdiction.
BACKGROUND
The City currently participates in the Urban County Program, which provides access to funds that are
generally targeted to benefit persons and families who are deemed to be of low to moderate income.
The U.S. Department of Housing and Urban Development (HUD) determines the amount of CDBG
and HOME dollars Palm Beach County receives based upon participation by local municipalities and
unincorporated areas of the County.
The City entered into the same interlocal agreement in 1999 for fiscal years 2000,2001, and 2002,
and in 2002 for fiscal years 2003,2004, and 2005.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 35,2005.
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
RESOLUTION 35,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL
AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY FOR
COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME
INVESTMENT PARTNERSHIPS PROGRAM ACTIVITIES FOR FISCAL
YEARS 2006,2007, AND 2008; AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE SAME; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens desires to
cooperate with Palm Beach County for the purpose of implementing the Community
Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Programs
through the Palm Beach County Urban County Program; and
WHEREAS, an interlocal agreement with the County is required for the County to
implement CDBG and HOME activities within a municipality; and
WHEREAS, such interlocal agreement has been prepared and is attached; 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:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens hereby authorizes
the Mayor and City Clerk to execute the Interlocal Agreement, which allows the County to
expend CDBG and HOME funds for eligible activities within the City during fiscal years
2006,2007, and 2008.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: February 23,2005
Resolution 35,2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
PASSED AND ADOPTED this day of ,2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL S U FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBERVALECHE ---
COUNCILMEMBER BARNETT ---
G:\attorney-share\RESOLUTlONS\CDBG Urban County Program-reso 35 2005.doc
2
INTERLOCAL COOPERATION AGREEMENT
BETWEEN PALM BEACH COUNTY
AND
CITY OF PALM BEACH GARDENS
THIS INTERLOCAL COOPERATION AGREEMENT made and entered into this day of
, 2005 by and between PALM BEACH COUNTY, a political subdivision of the State of
Florida, hereinafter referred to as the "COUNTY", and CITY OF PALM BEACH GARDENS, a
municipality duly organized by the laws of the State of Florida, hereinafer referred to as the
"MUNICIPALITY 'I.
WHEREAS, the parties hereto have the common power to perform Community Development
Block Grant (CDBG) and Home Investment Partnerships Program (HOME) activities within the
COUNTY, said common powers being pursuant to Section 125.01, Florida Statutes, and Chapter 163, Part
111, Florida Statutes; and
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act"
authorizes local governments to make the most efficient use of their powers by enabling them to cooperate
with other localities on a basis of mutual advantage and thereby to provide services and facilities that will
harmonize geographic, economic, population and other factors influencing the needs and development of
local communities; and
WHEREAS, it is mandated by Title I of the Housing and Community Development Act of 1974,
as amended, that a county must enter into Interlocal Cooperation Agreements with municipalities in its
jurisdiction for the purposes of implementing CDBG activities within said municipalities; and
WHEREAS, these Interlocal Cooperation Agreements are also required to implement HOME under
Title I1 of the National Affordable Housing Act of 1990, as amended; and
WHEREAS, the COUNTY desires to join with municipalities in order to carry out the planning
and professional services necessary to implement the CDBG and HOME Programs during Federal Fiscal
Years 2006,2007,2008; and
WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to undertake or assist in
undertaking community renewal and lower income housing assistance activities; and
WHEREAS, the COUNTY and MUNICIPALITY wish to cooperate in the implementation of the
goals and objectives of the COUNTY'S Consolidated Plan, as approved by the U.S. Department of
Housing and Urban Development; and
WHEREAS, the MUNICIPALITY desires to cooperate with the COUNTY for the purpose of
implementing the Community Development Block Grant and HOME Programs.
NOW, THEREFORE, the parties hereby agree as follows:
1. The COUNTY and the MUNICIPALITY will cooperate so that the COUNTY may expend
CDBG and HOME funds for eligible activities within the MUNICIPALITY during Federal Fiscal
Years 2006,2007,2008 (including program income generated from expenditure of such funds)
under Title I of the Housing and Community Development Act of 1974, as amended, and Title I1
of National Affordable Housing Act of 1990, as amended, and receive funds under these Acts.
2. The COUNTY and the MUNICIPALITY will cooperate to undertake, or assist in undertaking,
community renewal and lower income housing assistance activities.
3. With the MUNICIPALITY'S assistance, the COUNTY will prepare a Consolidated Plan as
CITY OF PALM BEACH GARDENS
required by the U.S. Department of Housing and Urban Development (HUD). The COUNTY will
undertake or assist in undertaking all professional and administrative services necessary to prepare
said application and other necessary documents, and the COUNTY will agree to take full
responsibility and assume all obligations of an applicant. The COUNTY and the MUNICIPALITY
agree that the COUNTY is hereby allowed to undertake or assist in undertaking essential
community development and housing assistance activities within the MUNICIPALITY; however,
the COUNTY has final responsibility for selecting activities and annually submitting the
Consolidated Plan to HUD.
4. The MUNICIPALITY and the COUNTY will take all actions necessary to assure compliance
with the urban county's certification required by Section 104(b) of Title I of the Housing and
Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of
1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development
Act of 1974, the Americans with Disabilities Act of 1990, and other applicable laws. The
COUNTY shall not use CDBG or HOME funds for activities in or in support of any
MUNICIPALITY that does not affirmatively further fair housing within its own jurisdiction or that
impedes the COUNTY'S actions to comply with its fair housing certification.
5. The MUNICIPALITY, by executing this Agreement, understands that it may not apply for
grants under the Small Cities or State CDBG Programs from appropriations for Fiscal Years 2006,
2007,2008; and may not participate in a HOME consortium except through the COUNTY.
6. The MUNICIPALITY has adopted and is enforcing a policy prohibiting the use of excessive
force by law enforcement agencies within its jurisdiction against any individuals engaged in non-
violent civil rights demonstrations; and a policy of enforcing applicable State and local laws against
physically barring entrance to, or exit from a facility or location which is the subject of such non-
violent civil rights demonstrations within jurisdictions.
7. The COUNTY, through its Department of Housing and Community Development, shall assist
the MUNICIPALITY in undertaking all professional and administrative services necessary for the
purposes of implementing CDBG or HOME activities, including preparation of all applications and
other necessary documents, planning and other administrative activities, as required.
8. Pursuant to 24 CFR 570.501(b), the MUNICIPALITY is subject to the same requirements
applicable to subrecipients, including the requirements of a written agreement as described in 24
CFR 570.503.
9. The MUNICIPALITY shall be responsible for notifying the COUNTY of any modification
and/or change in the use of any real property (from that planned at the time of acquisition or
improvement, including disposition) acquired or improved in whole or in part with CDBG or
HOME funds that is within control of the MUNICIPALITY. Notification of the COUNTY shall
take place within ten (10) days of said modification or change.
In the event that said real property as described above is sold, conveyed or transferred after
the time of acquisition andor improvement, and said real property is sold, conveyed or transferred
for usage which does not qualie as eligible under CDBG or HOME regulations, the COUNTY
shall be reimbursed in an amount equal to the current fair market value (less any portion thereof
2
CITY OF PALM BEACH GARDENS
attributable to expenditures of non-CDBG or non-HOME funds) of the property by the
MUNICIPALITY.
In the event of a close-out or change of status of the MUNICIPALITY, termination of this
Agreement, or disposition and/or transfer of any property improved or acquired with CDBG or
HOME funds, the COUNTY shall be reimbursed by the MUNICIPALITY any program income
generated prior to or subsequent to said close-out, termination or change of status.
10. The COUNTY and the MUNICIPALITY will comply with the Consolidated Plan and the
implementing program as outlined in the Annual Consolidated Plan, which governs the expenditure
of CDBG and HOME funds.
1 1. This Agreement shall give the COUNTY authority to carry out activities which will be funded
from annual appropriations of CDBG and HOME entitlement funds and program income through
Federal Fiscal Years 2006, 2007, 2008. The Agreement shall remain in effect until all CDBG
funds, HOME funds and any program income received with respect to activities carried out during
the three-year qualification period are expended, and the funded activities are completed, and that
the COUNTY and MUNICIPALITY may not terminate or withdraw fiom the Agreement while it
remains in effect.
12. This Agreement is contingent upon the COUNTY'S qualification as an "urban county'' and
award of funds under the Housing and Community Development Act of 1974, as amended, and the
National Affordable Housing Act of 1990, as amended.
13. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or
statutory duties of the state, county or municipal officers.
14. A copy of this Agreement shall be filed with the Clerk and Comptroller in and for Palm Beach
county.
15.
enumerated herein are hereby declared to be null and void.
Any prior agreements or contracts regarding the duties and obligations of the parties
Remainder of Page Intentionally Left Blank
3
CITY OF PALM BEACH GARDENS
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their duly authorized officials.
ATTEST:
SHARON R. BOCK, Clerk & Comptroller PALM BEACH COUNTY, FLORIDA, a
Political Subdivision of the State of Florida
BOARD OF COUNTY COMMISSIONERS
By:
Deputy Clerk
Approved as to Form and Legal
Sufficiency:
By:
Tammy K. Fields
Senior Assistant County Attorney
ATTEST:
By:
Tony Masilotti, Chairman
Approved as to Terms and Conditions
Dept. of Housing and Community Development
By:
Elena M. Escovar, Manager
Planning & Economic Development
CITY OF PALM BEACH GARDENS, a
municipality duly organized by the laws of the
State of Florida
By: By:
Patricia Snider, CMC, City Clerk Joseph Russo, Mayor
Approved as to Form and Legal
Sufficiency:
By:
Ronald Ferris, City Manager (If Applicable)
Christine P. Tatum, City Attorney
4
CITY OF PALM BEACH GARDENS
LEGAL CERTIFICATION BY PALM BEACH COUNTY
As Legal Counsel for Palm Beach County, I hereby state that the terms and provisions of this Agreement
are fully authorized under State and local law, and that the Agreement provides full legal authority for the
County to undertake, or assist in undertaking, community renewal and lower income housing assistance
activities.
Tammy K. Fields, Senior Assistant County Attorney
Palm Beach County, Florida
Ref: S:V004_05\Urban County QualUCA 2006to08 Form.wpd
5
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 28,2005
Meeting Date: April 7,2005
Resolution 43,2005
SubjectlAgenda Item: Approving an Agreement with Health Careers Institute for the
Education and Training of Students in the Paramedic and EMT Programs which
Allows the EMT and Paramedic Students to Complete Clinical Ride Time on the Fire
Rescue Units.
[XI Recommendation to APPROVE
I ] Recommendation to DENY
Reviewed by:
City Attorney
iia
Submitted by:
Department Director w Ci y Ma ger ,
Originating Dept.:
Advertised:
Date:
Paper:
1 x ] Not Required
Affected parties
rified
[ x] Not required
costs: $
(Total)
$- Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
[ ]None
Date Prepared: February 28,2005
Meeting Date: March 17,2005
Resolution 43,2005
0 BACKGROUND: The Fire Rescue Department has maintained an agreement
with Health Careers Institute to allow their EMT and Paramedic students to
ride on Fire Rescue Units as part of their training. This ride time is an
invaluable tool in the basic training of field providers and is mandated by the
State of Florida for certification as an EMT or Paramedic. During these ride
experiences, the student provides care under the direct observation of Fire
Rescue personnel with the approval of the departmental Medical Director.
0 STAFF RECOMMENDATION: Staff recommends approval of Resolution 43,
2005.
Date Prepared: February 28, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
RESOLUTION 43,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH
HEALTH CAREERS INSTITUTE FOR THE EDUCATION AND
TRAINING OF STUDENTS IN THE PARAMEDIC AND EMT
PROGRAMS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Fire Rescue Department has maintained an agreement with
Health Careers Institute to allow their EMT and Paramedic students to ride on Fire
Rescue units as part of their training, which is an invaluable tool in the basic training of
field providers and is mandated by the State of Florida for certification as an EMT or
Paramedic; and
WHEREAS, the City Council has determined that it is in the best interests of the
residents and citizens of the City of Palm Beach Gardens to enter into a two (2) year
agreement with Health Careers Institute to continue this program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the Agreement with Health
Careers Institute and hereby authorizes the Mayor and City Clerk to such Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
PASSED
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
AYE NAY ABSENT
Date Prepared: February 28,2005
Resolution 43, 2005
AND ADOPTED this day of ,2005.
/ d
\\pbgsfile\Attorney\attorney_share\RESOLUTlONS\agmt with health careers institute-ems trng - reso 43 2005.doc
2
Affiliation Agreement
da of 2005, by HEALTH
CAREERS INSTITUTE, whose address is 1926 10 Avenue North, Suie 106, Lake Worth,
Florida 33461 (hereinafter referred to as “SCHOOL”), and the CITY OF PALM BEACH
GARDENS, whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0
(hereinafier referred to as “CITY”).
x THIS AGREEMENT is made this
WHEREAS, the SCHOOL offers a state-approved EMT and Paramedic Program to
enrolled students; and
WHEREAS, the SCHOOL desires to provide to its students a clinical learning
experience through the application of knowledge and skills in actual patient-centered
situations; and
WHEREAS, the CITY agrees to make its Fire-Rescue Department available for such
purposes.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties hereby agree as follows:
1. Responsibilities of the SCHOOL.
a. Clinical Program. The SCHOOL shall be responsible for the implementation of
the clinical component of its program. Such responsibilities shall include, but not be
limited to, the following:
Provision of classroom theory and practical instruction to students prior to their
clinical assignments at the City of Palm Beach Gardens Fire-Rescue
Department (hereinafter referred to “EMS PROVIDER).
Preparation of student and rotation plans for each student and coordination of
same with the EMS PROVIDER for EMT and Paramedic.
Continuing oral and written communication with the EMS PROVIDER
regarding student performance and evaluation, absences, and assignments of
students and other pertinent information for EMT and Paramedic.
Supervision and responsibility of students and their performance at the EMS
PROVIDER.
Participation with the students in the EMS PROVIDERS Quality Assurance
and related programs.
(6) Performance of such other duties as may from time to time be agreed
between the SCHOOL and the CITY.
b. All students, faculty, employees, and representatives of the SCHOOL participating
in the program while on the EMS PROVIDERS premises shall be accountable to
the EMS PROVIDERS Administrator.
c. Student Statements. The SCHOOL shall require each program recipient to sign a
statement of responsibility and a confidentiality statement.
d. Insurance. The SCHOOL shall maintain for itself and shall provide to the program
participants appropriate general and liability insurance coverage in the amounts of
at least $1,000,000 per occurrence and $3,000,000 in the aggregate (provided by
HPSO).
e. The SCHOOL agrees to indemnify and hold harmless the CITY, its officers, and
employees from any and all liabilities, damages, losses, suits, actions, claims,
and/or matters, including costs and reasonable attorney's fees, to the extent
caused by the negligence, gross negligence, or intentionally wrongful conduct of
the SCHOOL.
f. Dress Code / Breaks. The SCHOOL shall require the students to dress in
accordance with dress and personal appearance approved by the SCHOOL.
Participants shall pay for their own meals at the EMS PROVIDER.
g. Faculty. All faculty provided by the SCHOOL shall be certified to participate. The
SCHOOL will have a specifically designated staff as a contact person. The
SCHOOL and all participants shall perform in accordance with local, state, and
federal laws and shall comply with the standards and guidelines of all applicable
accrediting bodies.
h. Neither the SCHOOL nor any program participant shall interfere with or adversely
affect the operation of the EMS PROVIDER or services therein.
i. OSHA Compliance. The SCHOOL shall be responsible for compliance governing
employee exposure in the workplace and training in the appropriate actions in an
emergency involving exposure to blood. The SCHOOL'S responsibility with the
respect to the regulations also shall include the provision of the Hepatitis B vaccine
or documentation of declination in accordance with the regulations.
2
2.
3.
4.
5.
6.
Responsibilities of the EMS PROVIDER.
a. The EMS PROVIDER shall accept the students assigned to it. The EMS
PROVIDER shall provide opportunities for such students to observe and assist in
various aspects of patient care. The EMS PROVIDER shall coordinate the
SCHOOL’S rotation and assignment schedule with its own schedule and those of
other educational institutions. The EMS PROVIDER shall at all times retain
ultimate control of scheduling.
Mutual Responsibilities.
a. Students shall be treated as trainees who have no expectation of receiving future
employment from the hospital or the SCHOOL.
Withdrawal of Program Participants.
a. The EMS PROVIDER may immediately remove from the premises any student
demonstrating unprofessional behavior and/or who poses an immediate threat or
danger to personnel or the quality of medical services.
b. The EMS PROVIDER may request the SCHOOL to withdraw or dismiss a student
or other participant from the program. If and when his or her clinical performance is
unsatisfactory to the EMS PROVIDER, or his or her behavior, in the EMS
PROVIDERS opinion, is disruptive or detrimental to the EMS PROVIDER or its
patients, such student’s participation in the program shall cease. Subject to
paragraph 4a above, it is understood that only the SCHOOL can dismiss the
student from the entire program.
Independent Contractor.
The parties hereby acknowledge that they are independent contractors, and neither
the SCHOOL nor any of its agents, students, or representatives shall be considered
employees or representatives of the EMS PROVIDER.
Non-Discrimination.
There shall be no discrimination on the basis of race, national origin, religion, creed,
sex, age, or handicap in either the selection of students for participation in the program,
or as to the aspect of clinical training. The handicap must not be such as would, even
with reasonable accommodation in and of itself, preclude the student’s effective
participation in the program.
3
7. Confidentiality in Accordance with the HIPPA Policy.
a. The SCHOOL and its students and employees agree to keep strictly confidential
information of the EMS PROVIDER and/or its patients and not to disclose or reveal
any confidential information to any third party.
8. Term; Termination.
a. The initial term of this Agreement shall be for two (2) years commencing March 1,
2005 and may be renewed at the end of two (2) years by the mutual consent of the
parties.
b. Except as otherwise stated herein, either party may terminate this Agreement at
any time prior to expiration of this Agreement, without cause, upon at least forty-five
(45) days’ written notice.
9. Notices.
All notices or other written communications required, contemplated, or permitted under
this Agreement shall be in writing and shall be mailed by registered or certified mail
(postage prepaid), return receipt requested to the following addresses:
As to CITY: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 3341 0
Attn: Deputy Chief, EMS
with a copy to: Palm Beach Gardens City Attorney
10500 North Military Trail
Palm Beach Gardens, Florida 33410
As to SCHOOL: Health Careers institute
Suite 106
1926 IO* Avenue North
Lake Worth, Florida 33461
Attn: Tina Palermo. Coordinator
(The remainder of this page left intentionally blank)
4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date set forth above.
ATTEST: CITY OF PALM BEACH GARDENS, a Florida
municipal corporation
By: By:
Patricia Snider, CMC
City Clerk
Joseph Russo, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
ATTEST: HEALTH CAREERS INSTITUTE
By: By:
Name:
Title:
[CORPORATE SEAL]
G:httomey-shareWGREEMENTSbealth career institute - EMS Provider contract - finai.doc
5
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 21,2005
Meeting Date: April 7,2005
Resolution: 45,2005
SubjectlAgenda Item: Resolution 45,2005, approving the PBA Lieutenants’ Contract
for fiscal years 2004-05, 2005-06, and 2006-07.
[XI Recommendation to APPROVE
11 Recommendation to DENY
i Reviewed by:
City Attorney
Finance Dire or a
Submitted by:
Human Resources
Depart w ent Director
Originating Dept.:
Human Resources @
Advertised:
Date:
Paper:
[ ] Not Required
Affected parties
[ ] Notified
_c
[ ] Not required
Costs: $1,955,425
(Total)
Current FY
Funding Source:
[ X ] Operating
[ ]Other
Budget Acct.#:
Police Operating
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 45,2005
Con tract
Presentation
[ ]None
1
2
3
4
5
6
7
8
9
IO
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
RESOLUTION 45,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AND RATIFYING AN
AGREEMENT WITH THE POLICE BENEVOLENT ASSOCIATION
FOR POLICE LIEUTENANTS EMPLOYED BY THE CITY’S POLICE
DEPARTMENT FOR FISCAL YEARS 2004-2005, 2005-2006, AND
2006-2007; AUTHORIZING THE MAYOR, CITY MANAGER, AND
CITY CLERK TO EXECUTE SAID AGREEMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City’s Negotiating Team and the Police Benevolent Association
have reached an agreement regarding the employment contract for Police Lieutenants
employed by the City of Palm Beach Gardens Police Department for fiscal years 2004-
2005,2005-2006, and 2006-2007; and
WHEREAS, the members of the bargaining unit subject to the employment
contract have voted in favor of ratification; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in
the best interests of the citizens and residents of the City of Palm Beach Gardens to
approve and ratify the contract; and
WHEREAS, such contract has been prepared is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens hereby
approves and ratifies the employment contract between the City and the Police
Benevolent Association for Police Lieutenants employed by the City’s Police
Department for fiscal years 2004-2005, 2005-2006, and 2006-2007, attached hereto as
Exhibit “A”, and authorizes the Mayor, City Manager, and City Clerk to execute said
contract on behalf of the City.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: March 3, 2005
Resolution 45, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45 46
PASSED AND ADOPTED this day of ,2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBERVALECHE
COUNCILMEMBERBARNETT
AYE NAY ABSENT
\\pbgsfile\Attorney\attorney_share\RESOLUTlONS\collective bargaining agreement - pd- lieutenants - reso 45 2005.doc
2
Date Prepared: January 13,2005
Resolution 23,2005
EXHIBIT A
t F\ 0 0 a,
0
N
t
Q)
€
Q)
CL I
I
d. 0 0 N
I. 0
cu c) cn
0
0 3 I 8 I.
c
CD om -a
I
LL
n tu
x t I
W
r 3 n
I. II * S
E
)r 0
D Q E
8 U c a, >
a, t .
>s II
U
m-
a, II
0
c S
. .
E a
1
n . S m S a,
3 a,
I
0
U a,
.
m- .
.1 E 0
m L
a cn
cn s 00
a, >
a, t) a,
m-
I
cn
S I
m S
3 a,
I I-
m
m a, > m- 23 S 0 12 c cn m
t)
a, E
0
m- .
S 0 m
a, > m- a, t) a, L
a
I U s =.- m m L
cn a
m m
v)
mm t
m
..
cn t m-
I
I. 0
cn
m a, %
L
U
t
U S m
U S 0 c> a, cn
a, t
03 S
S
L
m- .
I
m- L
n
0
0
0
S 0
\
7
1
Y
a, > m- a, 0 a, L
3 cn
h ti
n
I S
a, a, L 03 m
E m
0 .
L
0 W
a, t I
m co 0
0
0
\ r
\
r
uj a, m U
%
m cn
> a, -s
S m
a, t
S 0
a, cn m a,
S
I
L
5
=-
L
m-
I
5
m-
U S m
E
m- c
m-
U L m
Q 3
'(3
OL Fg
E5
a
I. a, 0
a > e6
- e6 S 0 ua
Q)
L
n
Q)
a
c + .- 3
U a, 0 a
Q a,
a, > a a, I
x 0
cf)
I
m
a,
0
L. 6
-
L
.-
Y
- .-
cn S 0 > a,
.-
fz
0
a, m a 3 m S a -
a, > CU a, I
0 cn
a, L
n
W a, 0 CU
a, a,
a, > a a, I
S 0
a 0
-
L
.- +
3
I
00 m
a,
0
L 6
- .-
cn 3 0 > a,
.-
fz
0 o
Ir cn
0 L CL CL a
a
THE CITY OF
PALMBEACHGARDENS
AND
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
POLICE LIEUTENANTS
OCTOBER 1,2004
THROUGH
SEPTEMBER 30,2007
TABLE OF CONTENTS
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Article 30
Article 31
Article 32
Article 33
Article 34
Article 35
Article 36
Article 37
Article 38
Preamble
Recognition
Acting Captains and Majors Pay
Association Representatives
Bargaining Unit Identification
Bereavement Leave
Change of Status
Contract Constitutes Entire Agreement
Court Time
Discipline
Dues Deduction
Duration
Funeral Expense
Grievance and Arbitration Procedure
Holidays
Insurance Benefits
Leave of Absence
Legal Benefits
Longevity Benefits
Maintenance of Conditions
Management Rights
Non-discrimination
Off Duty / Extra Duty Employment
Personnel Records
Physical Examination
Prohibition of Strikes
Promotions
Salaries
Savings Clause
Seniority
Personal Leave
Substance Use Policy and Testing
Training
Travel Allowance
Tuition Reimbursement
Uniforms and Equipment
Worker’s Compensation and Duty Disability
Workweek and Overtime
Signature Page
Add end u m
3
4
5
6
7
8
9
10
11
12
13
15
16
17
20
21
22
23
24
25
26
27
28
30
31
32
33
35
36
37
38
39
40
41
42
43
45
47
49
50
2
ARTICLE 1
PREAMBLE
Section 1 .In accordance with the State of Florida Public Employees Collective
Bargaining Statute and the City of Palm Beach Gardens this agreement is entered into
by and between the City of Palm Beach Gardens, a municipal corporation in the State of
Florida, hereinafter called the "Employer" or the 'City" and the Palm Beach County
Police Benevolent Association, hereinafter referred to as the "PBA" or "Association".
The labor agreement is applicable for employees as defined in Case No. RC-90-013
issued to the PBA in accordance with the Certificate granted by the Public Employees
Relations Commission on July 17, 1990.
Section 2.The purpose of this agreement is to promote and maintain harmonious and
cooperative relationships between the employer and employees, both individually and
collectively, to provide an orderly and peaceful means for resolving differences which
arise concerning the interpretation or application of this agreement, and to set forth
herein the basic and entire agreement between the parties in the determinations of
wages, hours and terms and conditions of employment.
Section 3.The parties recognize that the basic interest of the community will be served
by assuring the public, at all times, of orderly and uninterrupted operations and function
of the municipal government, and by providing in the most efficient manner, superior
public service to the citizens of the community.
3
ARTICLE 2
RECOGNITION
Section 1.The City of Palm Beach Gardens hereby recognizes the Palm Beach County
Police Benevolent Association as the exclusive representative for the purpose of
collecting bargaining with respect to wages, hours and terms and conditions of
employment for all employees in the bargaining unit.
Section 2.The bargaining unit for which this recognition is accorded is as defined in
Case No. RC-90-013 granted by the Public Employees Relations Commission on July
17, 1990, comprising of all sworn police officers of the City of Palm Beach Gardens who
hold the rank of Lieutenant who are certified officers; excluding all other municipal
employees, all non-sworn municipal employees working in the Police Department, and
all police officers of the rank higher than Police Lieutenant.
Section 3.The Palm Beach County Police Benevolent Association hereby recognizes
the City Manager or hidher representative as the Public Employer's only representative
for the purpose of collective bargaining.
Section 4.For the purpose of this agreement, the terms bargaining unit employees,
officer, member and employee shall be synonymous.
4
ARTICLE 3
ACTING CAPTAIN AND MAJOR PAY
Section 1. To assure the orderly performance and continuity of services, the City
may temporarily upgrade employees on an acting basis to position of a higher rank. For
the purpose of this article, it is understood that temporary upgrading may be required in
order to fill or compensate for temporary Captains' vacancies, which may exist for any of
the following reasons:
1. A Captain's and/or Major's position is permanently vacant and is
scheduled to be filled by a regular full-time employee, and a short period
of time is required so as to proceed with and complete the normal
appointment p roced u res.
2. A Captain's and/or Major's position is temporarily vacant, although
permanently filled, because the regular employee is on personal leave,
disability leave, or other approved leave of absence.
It is not the intent of the City to circumvent or avoid the normal
employment or promotion process however, and therefore the City shall
make every possible and reasonable effort to fill vacancies in a most
expeditious manner, and to keep the need for such temporary upgrading
to a minimum.
Section 2. A Lieutenant assigned to work at the City's request as a Captain or Major
for eight (8) hours or more shall receive assignment pay of five percent (5%) above his
base rate of pay for all hours worked in that assignment.
5
ARTICLE 4
ASSOCIATION REPRESENTATIVES
Section 1. A bargaining unit member who is an elected PBA official and/or
bargaining unit member of the PBA negotiating team shall be permitted to use leave
from the PBA time pool, excluding unscheduled leave, for the purpose of conducting
PBA business and negotiations provided that:
A written request for the use of PBA time pool leave, excluding
unscheduled leave, is submitted to the Chief of Police or his authorized
rep resen ta tive .
Sufficient manpower is available to maintain efficiency of operations
during the absence of the PBA officials as so determined by the Chief of
Police or his designated representative.
Section 2.
Chief of Police in writing of any change in the designation of PBA representatives.
It shall be the responsibility of the bargaining unit to promptly notify The
6
ARTICLE 5
BARGAl NI NG UNIT IDENTIFICATION
Section 1. Upon request, the City agrees to provide to the PBA on an annual basis a
roster of the bargaining unit including name, address, date of birth, social security
number, and current pay.
7
ARTICLE 6
BEREAVEMENT LEAVE
Section 1. In the event of the death of the mother, father, step-mother, step-father,
brother, sister, husband, wife, son, daughter, grandparent, grandchild, mother-in-law,
father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law of an employee,
in state or out-of-state, such employee shall be entitled to funeral leave for the purpose
of arranging, and attending, said relative's funeral for a period of three (3) working days
for any one death. In the event the death requires an out of area trip exceeding 250
miles one way, The Police Chief shall authorize an additional (2) working days.
Section 2.
such hours, which the employee would normally be scheduled to work.
An employee on funeral leave provided in the Article shall be paid for
Section 3. The City reserves the right to require documentation supporting
compliance with the provisions of this Article after the employee returns to work.
Section 4.
contact the employer prior to taking such leave.
The provisions of this Section shall not apply to employees who fail to
8
ARTICLE 7
CHANGE OF STATUS
Section I. The placement of employees within the Police Department shall be the
responsibility of the Chief of Police. An employee may be transferred or reassigned for
operational reasons.
Section 2.
advance of transfer, reassignment or change of shift.
Whenever feasible, employees will be notified at least two (2) weeks in
9
ARTICLE 8
CONTRACT CONSTITUTES ENTIRE AGREEMENT
OF THE PARTIES
Section 1. The parties acknowledge and agree that, during the negotiations which
resulted in this agreement, each had the unlimited right and opportunity to make
demands and proposals with respect to any subject or matter included by law within the
area of collective bargaining and that all the understandings and agreements arrived at
by the parties after the exercise of that right and opportunity are set forth in this
agreement.
Each party agrees that the other shall not be obligated to bargain collectively with
respect to any matter or subject not specifically referred to or covered by this
agreement, whether or not such matters have been discussed, even though such
subjects or matters may not have been within the knowledge or contemplation of either
or both parties at the time they negotiated or signed this agreement, but it is further
recognized that this Article does not constitute a waiver of the PBA's right to negotiate
any past practice or changes in contractual terms.
Section 2. By mutual agreement, any item may be brought to the table for
negotiations.
The parties agree not to propose any changes to this agreement, during the duration of
this agreement, unless there is mutual consent to negotiate such changes.
10
ARTICLE 9
COURT TIME
Section 1. A Lieutenant, who is required by the City to be in court while off duty,
shall receive a minimum of three (3) hours pay at one and one half (1 5) his regular rate
of pay. All hours worked under this section shall be considered overtime for the
purposes of payroll calculation.
Section 2: For each court appearance in excess of three (3) hours, an officer shall
receive credit for all hours during which his attendance is required in accordance with
the FLSA.
Section 3: For the purposes of this article and subsection, each additional court
appearance separated from the employee's previous court appearance by a period of
more than sixty (60) minutes qualifies for compensation as described above. The sixty
(60) minute time period is calculated from the time the officer is released by the court
until the time stated on the next subsequent subpoena.
11
ARTICLE 10
DISCIPLINE
Section 1. The parties recognize that the interest of the community and job security
of the employees depend upon the City’s success in providing proper and efficient
services to the community. To this end, the City and the PBA encourage to the fullest
degree, employee behavior that is positive and supportive of the goals of effective
municipal management and public safety. The parties recognize the need for
progressive and appropriate discipline when an employee’s conduct and job
performance are inconsistent with said goals.
Section 2. No employee shall be disciplined except for cause. Progressive,
consistent, and appropriate discipline will be administered according to the seriousness
of the offense. The loss of pay in reassignment shall be considered as part of the
determination of the disciplinary action. Disciplinary action may include:
a. Counseling
b. Written Reprimand
c. Suspension without pay
d. Demotion
e. Dismissal
Section 3.
this Agreement.
Counseling may be grieved but not subject to the arbitration provisions of
12
ARTICLE 11
DUES DEDUCTION
Section 1. Upon receipt of a lawfully executed written authorization form from an
employee, the City agrees to deduct the current regular associated dues once each
month and remit such deductions to the duly elected Treasurer of the PBA within fifteen
(15) working days from the date of deduction. The PBA will notify the City, in writing,
thirty (30) days prior to any change in the regular PBA dues structure. The employer is
expressly prohibited from any involvement's in the collection of fines, penalties or
special assessments and shall not honor any request of this nature other than for
association dues.
Section 2.
submit revocation form to the City's Finance Director with a copy to the Association.
Any employee may at any time, revoke his dues deduction and shall
Section 3. The PBA agrees to pay to the City forty (40) dollars per year to cover
administrative costs and changes. The amount will be deducted annually from the first
remittance in January.
Section 4. The PBA agrees to provide necessary Dues Deduction Authorization
forms and Notice to Stop Dues Deduction forms for its members. These forms shall
read as follows:
AUTHORIZATION CARD FOR DEDUCTION OF PBA DUES
I hereby authorized the City of Palm Beach Gardens to deduct from my wages
each month the current regular monthly PBA dues and to transmit this amount to
the Treasurer of the Palm Beach County Police Benevolent Association.
DATE:
NAME:
ADDRESS:
S I G NATURE :
13
INSTRUCTION TO STOP PAYROLL DEDUCTION OF PBA DUES:
I hereby instruct the City of Palm Beach Gardens to stop deducting from my
wages each month the current regular Monthly PBA dues of the Palm Beach
County Police Benevolent Association. A copy of this revocation has been
fotwarded to the Treasurer of the PBA.
DATE:
NAME:
ADDRESS:
SIGNATURE:
Section 5. The PBA agrees to indemnify and hold the City harmless against any and
all claims, suits, orders and judgments brought and issued against the City as a result of
any action taken or not taken by the City on account of payroll deduction of PBA dues.
14
ARTICLE 12
D U RATION
Section 1. This agreement shall be effective October I, 2004, subject to ratification
by the PBA and approval and appropriation of the necessary funds by the City Council
of the City of Palm Beach Gardens, Florida. This agreement shall continue in full force
and effect from October 1, 2004 to September 30, 2007.
Section 2. Should the contract not be ratified by the PBA and approved by the City
Council for the year beginning October 1, 2004, this agreement shall remain in full force
and effect until replaced by a new agreement.
15
ARTICLE 13
FUNERAL EXPENSE
Section I. The City will provide for funeral and burial expense for members who die
in the line of duty who are eligible for Statutory Death in Line of Duty benefits an
additional benefit of $10,000 to be paid directly to the beneficiary of said member.
16
ARTICLE 14
GRIEVANCE AND ARBITRATION PROCEDURE
Section 1. A grievance, as used in this agreement, is limited to a complaint or
request of a bargaining unit member, which involves the interpretation of application and
or compliance with, the provisions of this agreement.
Section 2. Grievances concerning working conditions not specifically covered by the
terms and provisions of this Agreement shall be subject to the grievance procedure up
to, but not including, arbitration.
Section 3. In the event a grievance should arise as to the interpretation or the
application of the terms of the agreement or departmental regulations, the said dispute
or grievance shall be dealt with in the following manner. Any grievance not answered
by the City within the time limits provided below will automatically advance to the next
higher step of the grievance procedure.
STEP 1.
The aggrieved employee or an Association representative shall present the
grievance or dispute in writing, setting forth the facts with particulars and the
remedy sought, within ten (IO) working days of its occurrence or knowledge
thereof, to the Chief. The Chief of Police shall reply in writing within ten (IO)
working days of receipt of the grievance or dispute. If the Chief of Police shall fail
to respond in writing, the grievance is presumed to be denied and the employee
may move to the next step.
STEP 2.
If no written reply has been made or if a written response has been made, and
the aggrieved employee is dissatisfied, the aggrieved employee or the PBA
representative may, within ten (1 0) working days of receipt of a reply or if none is
submitted, present the grievance or dispute to the Human Resources Director.
The Human Resources Director shall reply in writing within ten (IO) working days
of receipt of the grievance. If the Human Resources Director fails to reply in
writing, the grievance is presumed to be denied and the employee may move to
the next step.
STEP 3.
If the Human Resources Director replies and the aggrieved party or the PBA is
dissatisfied, then the grievance may be submitted to the City Manager within ten
(IO) working days of receipt of the Human Resources Director’s reply. The City
Manager shall reply within ten (IO) working days of receipt of the grievance or
17
dispute. If the City Manager fails to reply in writing, the grievance is presumed to
be denied and the employee may move to the next step.
STEP 4.
If the grievance has not been settled by Steps 1-3, either party, the PBA or the
City may refer it to arbitration within fifteen (15) days of receipt of the City
Manager's reply. The PBA or the City will submit the matter to the Federal
Mediation & Conciliation Services (FMCS) for selection in accordance with their
procedures except where otherwise provided in this agreement. The arbitrator's
decision shall be supported by substantial evidence on the record as a whole.
The decision shall be in writing with a full statement of findings and reasons. The
decision of the arbitrator shall be final and binding on the parties; provided that
the arbitrator shall have no power to modify, amend, or alter this agreement. The
expense of the arbitrator shall be borne by the parties.
Section 4.
grievance procedure.
By agreement of both parties, a meeting will be held at any step of the
Section 5. ExDedited Arbitration
All discharge grievances, and any other grievances mutually agreed upon for
expedited processing, shall be arbitrated on an expedited basis. To accomplish this
goal, the City and the PBA agree upon the following procedure for expedited cases.
(1) The selection of an arbitrator must be completed within the time limits
provided by the FMCS. Failure to do so will bar the untimely party from
submitting its preference or choice of an arbitrator.
(2) After an arbitrator has been selected, the arbitration hearing shall be
held no later than thirty (30) days thereafter, unless the arbitrator is
unavailable within this thirty (30) day period.
(3) Briefs, if any, must be filed with the arbitrator no later than fifteen (15)
days after the close of the hearing or after receipt of the transcript, if a
transcript is requested.
(4) The arbitrator must render an opinion within twenty (20) days of receipt
of the briefs.
Section 6. The PBA and the City shall each bear its own expense in the arbitration
proceedings, except that both parties shall share equally the fee and other expenses of
the arbitrator.
18
Section 7.
constitute an admission that the Agreement has been violated
Settlement of grievances prior to the issuance of arbitration shall not
19
ARTICLE 15
HOLIDAYS
Section The official holidays to be observed by uargaining unit members shall be:
New Years Day
Martin Luther King's Day
Presidents Day
Good Friday
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Section 2. Bargaining unit members shall also receive a personal day, which shall
be requested in advance and taken any time during the calendar year (January 1 -
December 31). The personal day is not considered an official holiday for payroll
purposes.
Section 3. If an employee has credited time of forty (40) hours for the work week,
excluding unscheduled leave, disability leave, or leave without pay, the rate of pay for
the employee whose services are required on an official holiday shall be a day's pay for
the holiday, plus one and one-half (1.5) times the employee's straight time rate of pay
for every hour worked. However, if the employee does not have credited time of forty
(40) hours for the work week, any employee who shall be required to perform work on
a holiday shall be given another day off in lieu of the holiday, or compensated at
straight time plus an additional four (4) hours straight time pay.
Section 4. Employees who qualify to receive compensation for an official holiday
without working on such holiday, shall be paid their regular straight time rate of pay for
the day on which the holiday falls.
20
ARTICLE 16
INSURANCE BENEFITS
Section 1.
cost to employees through September 30, 2007.
The City shall continue providing the current insurance coverage at no
Section 2. Employees who elect to maintain dependent coverage will contribute a
portion of the cost of said coverage not to exceed $200.00 per month for the first year
of the Agreement, $220.00 for the second year and $240.00 for the third year. The
bargaining unit employees will contribute the same percentage toward the cost of
dependent coverage that other non-bargaining unit employees are required to pay.
Section 3.
benefit reduction, either party may request a re-opener of this Article.
In the event that the City determines that there is to be a substantial
21
ARTICLE 17
LEAVE OF ABSENCE
Section 1. Leaves of absence without pay for a period not to exceed twelve (12)
months may be granted at the sole and exclusive discretion of the City Manager or
Designee.
Section 2. An officer who is a member of a military reserve unit and who must
attend annual field training sessions is entitled to a leave of absence as provided by
Federal Law. Upon presentation of military pay orders, the City will reimburse the
employee for the difference between his military pay for the annual training session
and his regular rate of pay. An employee called to active duty will be treated in
accordance with Federal Law.
Section 3.
continue to maintain all benefits including seniority, longevity, and insurance benefits.
An employee who is on duly authorized paid leave of absence will
Section 4. An employee who is on duly authorized unpaid leave of absence will not
receive benefits for any month in which he has been on leave without pay for more
than fifteen (15) calendar days. The employee may retain, at his own expense, his
group insurance coverage during such period of unpaid leave.
22
ARTICLE 18
LEGAL BENEFITS
Section 1. The City shall, upon timely notice by an employee, undertake the
defense of any employee covered by this agreement against civil damage suits arising
from and in connection with hidher employment.
Section 2. The City shall indemnify all employees against judgments for
compensatory damages rendered against an employee in a civil damage suit arising
from and in connection with duties performed by the employee in the scope of his
employment for the City provided that the employee is not engaged in gross
negligence or intentional misconduct. The City shall not indemnify any employee
against judgments rendered in civil suits which the City has not been given notice of
and an opportunity to defend.
Section 3. The employee shall give notice to the City during their tour of duty of all
injuries or damage to persons or property, including the employee himself, incurred by
or witnessed by the employee while the employee is on duty.
Section 4.
designee at first reasonable opportunity after being served with any civil action.
It shall be the duty of the employee to notify the City Manager's office or
Section 5. Failure to provide the notices required in Section 3 and 4 may result in
disciplinary action, but shall not limit the City's obligation to provide defense and
indemnification, provided reasonable notice is given and the City's opportunity to
defend is not adversely affected.
Section 6. The employee has the right to retain legal counsel of his choice at his
own option and expense. The City shall make copies of discovery documents
available to the employee at no cost to the employee, provided there is no disputed
issue of liability between the City and the employee involved in the suit.
23
ARTICLE 19
LONGEVITY BENEFITS
Section 1. All bargaining unit members hired before October 1, 1991 Lieutenants
who have completed their required years of service, indicated below, shall be entitled
to a percentage increase in salary as follows:
Years of Percentage
Continuous Service Increase in Salarv
4 years
7 years
11 years
15 years
20 years
2 Yo
4 yo
6 Yo
8 Yo
10%
Section 2. Said percentage increases shall be added to base salary.
Section 3. Continuous service as indicated in Section 1, above, shall be defined as
employment in the public or city service without break or interruption. Layoffs not
exceeding one year, authorized military leave educational leave, personal leave or
other leave or lawful extension thereof, or reinstatement in accordance with this
Agreement, shall not affect continuity of service.
Section 4.
shall be as follows:
Longevity allowances for employees hired after September 30, 1991,
A) Bargaining unit members who have completed ten (IO) years continuous
service as of 10/01/04 shall receive a three percent (3%) increase in their
base salary.
B) Bargaining unit members who have completed ten (IO) years continuous
service as of 10/01/05 forward shall receive a five percent (5%) increase
in their base salary. Those employees who receive a three percent (3%)
increase per paragraph a) above will receive an additional two percent
(2%) increase in their base salary on 10/01/05.
24
ARTICLE 20
MAINTENANCE OF CONDITIONS
Section 1. All matter's pertaining to terms of employment and working conditions
guaranteed by law and written policy to employees within the bargaining unit shall
apply to the extent that they are not in conflict with the provisions of this agreement.
Section 2. Any written rule, regulations, policy or procedure affecting employees of
the bargaining unit in effect prior to as well as those issued after the effective date of
this agreement shall remain and be in full force and effect unless changed, modified or
deleted by the employer or unless in conflict with any article or section of this
agreement.
25
ARTICLE 21
MANAGEMENT RIGHTS
Section 1. The Police Benevolent Association and the bargaining unit employees
recognize that the City has the exclusive right to manage and direct the various
departments of the City. Accordingly, the powers and authority which the City has not
specifically abridged, delegated, or modified by the express provisions of this
Agreement are retained by the City. Therefore, the City specifically, but not by way of
limitation, reserves the exclusive right to determine the mission of the City and its
various departments, divisions and other units of organization; set standards of
service; establish and implement policies and procedures related to employment,
promotions, position classification, discipline, transfer, assignment, and scheduling of
employees; subcontract work; merge, consolidate, or close a department or any part
thereof or expand, reduce, alter, combine, assign or cease any job; control the use of
equipment and property of the City; fill any job on a temporary, emergency, or interim
basis, determine the number, location and operations of headquarters, annexes,
divisions, substations, and departments thereof; schedule and assign the work to the
employees and determine the size and composition of the work force; formulate and
implement departmental policy rules and regulations; and introduce new or improved
services, maintenance procedures, materials, facilities, and equipment. If the City fails
to exercise any one or more of the above functions from time to time, it shall not be
deemed a waiver of the City's right to exercise any or all of such functions. Any right
or privilege of the City not specifically relinquished by the City in this Agreement shall
remain with the City.
Section 2. If, at the discretion of the City Manager, it is determined that civil
emergency conditions exist, i.e., riot, civil disorder, or natural disaster, the provisions
of this Agreement may be suspended for good cause by the City Manager during the
time of such emergency, provided that wage rates and monetary fringe benefits shall
not be suspended.
26
ARTICLE 22
NON-DISCRIMINATION
Section 1. The City will not discriminate against any employee covered by this
agreement because of membership or non-membership in the Association or
authorized activity as required in this agreement in behalf of the members of the PBA.
Section 2. The PBA will not discriminate against employees covered by this
agreement as to membership or representation with regard to terms and conditions of
membership because of race, creed, color, disability, national origin, age, sex or
marital status.
27
ARTICLE 23
OFF DUN/EXTRA DUTY EMPLOYMENT
Section 1: No member of the bargaining unit may hold outside employment unless
the employee’s written request for approval of such employment is approved by the
Police of Chief. The granting of such approval is expressly contingent upon the
following:
A. Assurance that the employee’s City position is of primary importance.
B. Consideration of the effect the outside employment may have upon the
efficiency of the requesting employee; and
C. Determination as to the compatibility of the outside employment with the
City employment.
D. Whenever the outside employment is in the nature of “Security Guard”
type work, as determined by the Chief of Police. The employee will
provide the City a certificate of insurance from the proposed outside
employer (or from the employee as an independent contractor), the
certificate of insurance must be approved and accepted by the City. In
order to be acceptable, said certificate of insurance must prove that the
employee and the City of Palm Beach Gardens are adequately insured
against liability for any and all acts done by or caused by such employee
while engaged in such outside employment, and that the employee and
the City are adequately covered for any worker’s compensation liability
arising out of such outside employment.
The above paragraph notwithstanding, the City does hereby reserve the right, at
any time and at the sole discretion, to require any or all such future employers to
contract directly with the City for such outside employment services (which are
related to the employee’s City job function). The City shall pay the lieutenant
who performed such outside employment $40.00 per hour. The City must assign
a lieutenant to any City job function when two (2) sergeants or more are
assigned. All required deductions for social security and taxes shall also be
made by the City prior to payment to the employee.
In cases of such approved outside employment, which is contracted through the
City, no certificate of insurance shall be required from the outside employer.
Such outside employment contracted through the City may include both
temporary and long term outside employment, by one or more such outside
employers. All outside employment contracted through the City shall continue to
be subjected to the conditions set forth in paragraphs A, B, and C above.
28
Section 2: No member of the bargaining unit may work at any previously approved
outside employment, nor at any future outside employment, while said member is on
injury leave or restricted duty or for a workers’ compensation injury, unless additional
express approval for such outside employment is obtained by the member from the
Police Chief, who shall take into consideration the recommendation(s) from the
employee’s physician and/or from the City Physician.
29
ARTICLE 24
PERSONNEL RECORDS
Section 1. The City agrees that all official personnel records shall be kept
confidential to the extent provided by law.
Section 2. The name and photograph of a bargaining unit employee may be
furnished to the news media in order to announce promotions or acts of exemplary
service, with the approval of the employee.
Section 3. The City agrees that upon request, and appointment, a bargaining unit
employee shall have the right to inspect his official personnel record. No record(s)
shall be hidden from an employee's inspection.
Section 4. The City agrees that a member shall have the right to include in his
official personnel record a written and signed refutation (including signed witness
statements) of any material he considers to be detrimental.
Section 5. All insertions, upon approval by the Human Resources Director, into a
member's personnel file will remain a permanent part of the member's official
personnel records.
30
ARTICLE 25
PHYSICAL EXAM I NATION
Section 1. Bargaining unit members shall receive an annual comprehensive
physical examination, including X-rays and EKG. Said examination will be performed
by the bargaining unit members primary care physician. The City will pay any co-
payment incurred by the bargaining unit members medical insurance. The results will
be entered on the City's Fitness for Duty form and provided to Human Resources
Administrator.
Section 2.
member's on-duty time.
The City shall provide all physical examinations during a bargaining unit
31
ARTICLE 26
PROHIBITION OF STRIKES
Section 1. No employee, PBA officer, or agent shall instigate, promote, sponsor or
engage in any strike, slow down, concerted stoppage of work, or any other intentional
interruption of the operations of the employer, regardless of the reason for doing so.
Any and all employees who violate any of the provision of this Article may be
discharged or otherwise disciplined by the employer.
Section 2. In the event of a strike, slowdown, concerted stoppage of work, or other
intentional interruption of the operations of the employer, regardless of the reason for
doing so, the PBA shall direct and immediate action to the fullest extent of its power
and influence to bring about a cessation of such activities. If the Union fulfills in good
faith all of the obligations under this section, the City agrees that the Union will not be
liable for any damages resulting thereafter.
Section 3. The employee and the PBA individually and collectively, shall be liable
for any damages which might be suffered by a public employer or other party affected
as a result of a violation of the provisions of this Article.
32
ARTICLE 27
PROMOTIONS
Section 1. When a budgeted Lieutenant's position exists and is declared vacant by
the City, appropriate notice shall be given. However, the City is not obligated to fill a
vacant Lieutenant's position.
Section 2. The City will announce promotional examinations at least forty-five (45)
days prior to the testing date. The City will also list the areas, which the examination
will cover, provide the sources from which the examination is drawn and make all such
reference material available.
Section 3. The City agrees to use only job-related materials for promotional
examinations.
Section 4. The City agrees that promotions within the bargaining unit shall be made
in accordance with department policy, which shall not be changed without mutual
consent of the City and the PBA, if such change affectdmodifies this Agreement.
Section 5.
unit, such promotion shall come from the rank of a non-probationary Lieutenant.
If the City promotes to the rank of Captain from within the bargaining
Section 6. Selections for promotion will be made from the promotion register based
on the rule of three. The Chief may select any officer from the top three candidates on
the register, if the selection is not made from the top three, each officer who was rated
higher than the one selected will be provided a written explanation as to why he was
not promoted. The City may delay a promotion with respect to any person who is the
subject of an active investigation by any law enforcement agency.
Section 7. All promotions shall have a probationary period of six (6) months.
Section 8. The Chief of Police, with the City Manager's approval, may extend the
probationary period for up to six (6) additional months for any employee in order to
further evaluate performance or if mandatory educational requirements have not been
met within the probationary period. Notification of extension of probation shall be
provided to the employee in writing, with the reason for extension attached hereto.
Section 9. The Police Chief may, at hidher discretion, demote any lieutenant during
the probationary period of the promotion to lieutenant, and said demotion shall not be
subject to the grievance procedure contained in this agreement. To attain regular
status, the Chief of Police must notify the City Manager in writing that the Lieutenant's
performance is satisfactory and he/she is to continue in the position.
33
Section IO. A member who does not successfully complete the probationary period
will be returned to the rank of Sergeant in the pay range at which he/she would have
he/she not been promoted.
Section 11. When a Sergeant is promoted to Lieutenant hidher salary shall be
increased by 8%.
34
ARTICLE 28
SALARIES
Section 1. Effective October 1, 2004 all Lieutenants will receive an eight (8) percent
wage increase. Lieutenants will also receive a merit increase on their anniversary
date following October 1, 2004. In addition, all bargaining unit members will receive a
one time cash bonus of five hundred dollars $500.00.
The new maximums effective October 1, 2004 will be as follows:
In Fiscal Year 2004/2005, the maximum salary is $95,000. In Fiscal Years 2005/2006
and 2006/2007, the maximum salary increases by the ECI rate (US DOL Bureau of
Labor Statistics State and Local Government Employees Total Compensation figures
for the Second Quarter).
Section 2. During the second and third years of this Agreement all Lieutenants will
receive, on October 1, 2005 and October 1, 2006, the ECI rate in addition to a merit
increase on their anniversary dates. During years two and three the minimum and
maximum pay rates will be moved upward by the ECI rate (US DOL Bureau of Labor
Statistics State and Local Government Employees Total Compensation figures for the
Second Quarter).
Section 3. Effective October 1, 2004 and throughout the term of this Agreement all
Lieutenants shall receive merit increases ranging from zero to six percent (0, 4%,
4.5%, 5%, 5.5%, 6%). Employees rated as satisfactory shall receive four percent
(4%).
Members of the bargaining unit who have reached the maximum base salary
shall receive merit increases in the form of a cash bonus (salary disbursement). All
W-2 earnings shall be included for the purpose of pension calculations.
Section 4. Any bargaining unit member assigned to the midnight shift shall receive
an additional three (3) hours compensatory time per pay period. Any bargaining unit
member assigned to C Platoon will receive 2 hours compensatory time per month.
35
ARTICLE 29
SAVINGS CLAUSE
Section 1. If any article or section of this agreement should be found invalid,
unlawful, or not enforceable, by reason of any existing or subsequently enacted
legislation or by judicial authority, all other articles and sections of this agreement shall
remain in full force and effect for the duration of this agreement.
Section 2. In the event of invalidation of any article or section, both the City and the
PBA agree to meet within thirty (30) days of such determination for the purpose of
arriving at a mutually satisfactory replacement for such article or section.
36
ARTICLE 30
SENIORITY
Section 1. Seniority shall consist of continuous accumulated paid service with the
Department and shall be computed from the time of appointment. Seniority shall
accumulate during absence because of illness, injury, vacation, military leave, or other
a ut ho rized leave.
Section 2. The City agrees that seniority shall govern the following matters:
a. Whenever practicable, vacations for each calendar shall be drawn by
employees on the basis of seniority in rank.
b. In the event of a lay-off for any reason, employees shall be laid off in the
inverse order of their seniority. Such lay-off will be accomplished within
the established rank structure.
c. Employees shall be called back from lay-off according to their seniority.
Such callbacks will be accomplished within the established rank structure
in Section 2 - 2.
d. Such actions will incorporate a certified letter, to the employee who will
specify a thirty (30) day time limit for reply as to whether or not he wishes
to be considered for his old position. In any event, no position will be
held open longer than thirty (30) days after the receipt of the certified
letter advising that the old position be held for him/ her.
e. Lay-off will follow the procedure outlined in the City's Personnel Program.
Section 3. Employees shall lose their seniority as a result of the following:
a. Termination
b. Retirement
c. Resignation
d.
e.
Unjustified absence for more than five (5) workdays.
Failure to report to the City Manager's Office intention of returning to
work, within thirty (30) days of receipt of recall, as verified by Certified
Mail, Return Receipt.
Failure to report from Military Leave within the time limits prescribed by
law.
f.
37
ARTICLE 31
PERSONAL LEAVE
See City Policy Addendum.
38
ARTICLE 32
SUBSTANCE USE POLICY AND TESTING
See the City of Palm Beach Gardens Drug-Free Work Place policy.
39
ARTICLE 33
TRAl N I NG
The parties acknowledge that not all police officers require an expertise in the
use of the variety of police equipment utilized in law enforcement activities and agree
that other training may be initiated to provide bargaining unit members with the
background to do their job in a competent manner when so determined by the Chief of
Police.
40
ARTICLE 34
TRAVEL ALLOWANCE
Section 1. Privately owned vehicles may be used by bargaining unit members on
official City business if authorized by the Chief of Police. Whenever travel by a
privately owned vehicle is authorized, the bargaining unit member shall be entitled to a
mileage allowance as per city policy.
Section 2. The City shall pay the reasonable cost for meals and lodging for
bargaining unit members while performing any Department directed activity overnight
or outside of Palm Beach County.
41
ARTICLE 35
TU ITION RElM BU RSE M E NT
Lieutenants will receive the education reimbursement policy of the City. In the event
that the City determined that there is to be a substantial benefit reduction, either party
may request a re-opener of this Article.
42
ARTICLE 36
UNIFORMS AND EQUIPMENT
Section 1. The City shall furnish to all bargaining unit members who are required to
wear such uniforms in the performance of their duties and agrees to replace
unserviceable uniforms as required.
Section 2. Any uniform or related equipment initially supplied by the City, which is
damaged or destroyed while an officer is acting in the performance of his official duties,
shall be replaced by the City at no cost to the officer, provided the same is not the
result of his negligence. Such claim of loss must be supported with reasonable proof
and shall be subject to the approval of the Chief of Police or his designated
representative.
Section 3. The City agrees to provide a uniform and clothing allowance for
bargaining unit members as follows:
a. All bargaining unit members shall receive $100.00 per month for uniform
maintenance. Uniformed employees shall be provided up to a maximum
of five (5) shirts and five (5) pairs of pants.
b. The City at no cost to the employee shall replace uniforms and
equipment lost or damaged beyond repair in the line of duty.
c. Replacement of uniforms lost or damaged through the employee’s
negligence will be replaced by the employee, however may result in
disciplinary action.
d. Cost for repair or replacement of watches or corrective lenses damaged
or destroyed while in the course of duty will be paid by the City at a cost
not to exceed one hundred fifty ($150.00) dollars per like item.
e. A bargaining unit member on leave, other than vacation or comp time for
15 or more calendar days in a calendar month, will not receive the
uniform maintenance allowance for that month.
Section 4.
away from their patrol vehicle.
The City will provide officers with a two-way portable radio for use while
Section 5.
to bargaining unit members January 1 of each year.
A shoe allowance of one hundred ($100.00) dollars per year shall be paid
Section 6. All items provided above, including protective clothing and protective
devices, remain the property of the City and are only to be used in accordance with the
Departmental work rules. Upon separation, all items, other than those worn out
43
through normal use, must be returned (or paid for) by the employee before their final
paycheck will be issued.
Section 7. All bargaining unit members assigned to positions primarily wearing plain
clothes shall receive a $900 per year clothing allowance. Said monies will be
dispersed on the first pay period following the assignment. Upon reassignment from
the plain-clothes position, the clothing allowance shall cease.
44
Section 1.
A.
B.
Section 2.
A.
B.
C.
D.
ARTICLE 37
WORKER’S COMPENSATION AND DUN DISABILITY LEAVE
Jo b-Related lniury
The City will carry Worker’s Compensation coverage for all employees
covered by this Agreement. The City agrees to pay the premium for said
coverage.
When an employee is absent from duty because of an injury determined
to be compensable under the provision of the Worker‘s Compensation
Act, he shall be entitled to full pay less any benefit under the Worker’s
Compensation Act for up to twelve (12) months following the injury.
However, if benefits required by state law exceed this, he shall be
compensated accord i ng I y .
Non-Job Related Illness or Iniury
Any bargaining unit member with the City who is absent from work due to
sickness or injury after fourteen (14) consecutive days is eligible for
disability pay. For each separate illness or injury and upon receipt of a
disability claim form completed by the treating physician, the employee
will be paid at 60% of base salary for a period of up to and not to exceed
twenty-six (26) weeks. No more than twenty-six (26) weeks disability will
be paid for any one illness or injury within the one (1) year period
following the date the disability began. The employee may at his choice,
exhaust all personal and/or acute leave before applying for disability pay.
Upon request of the Chief of Police, a doctor’s certification must be
submitted to the City every three weeks if the employee is unable to
perform their normal duty in order for the employee to continue to receive
unscheduled leave or disability pay. The sickness or injury cannot be in
connection with worker’s compensation, self-inflicted injury, nor related to
off-duty employment.
An individual requiring time off for childbearing shall be subject to the
same benefits and restrictions as for any other disability.
Any member receiving medical treatment over an extended period of time
for an illness or injury may be required to provide a physician’s written
diagnosis, prognosis, approximate date of recovery, and statement that
the employee is physically fit to perform the job duties required in the
capacity for which he is currently employed.
45
Section 3. When so directed by the City, any employee out of work under the
provision of this article shall present himself for a medical examination. The City will
bear the full expense of said examination. The failure of such employee to present
himself for an examination as directed will operate to automatically terminate any
payments under this Article.
Section 4. Any employee who is able to work after an illness or injury shall be
reinstated to his former job, provided he is physically qualified to perform all of the
duties and responsibilities of his previous position. Such statement shall be certified by
a medical doctor prior to the employee returning to work. If he is unable to assume his
former responsibilities, the employee shall have first preference to fill another
Department position, if a vacancy occurs, and the employee qualifies for such position.
Section 5.
weeks of disability or Worker’s Compensation.
discretion of the Chief of Police and confirmed by the City Manager.
The employee shall be subject to termination after completion of 52
The determination shall be at the
46
ARTICLE 38
WORKWEEK AND OVERTIME
Section 1. It is hereby agreed that no bargaining unit member shall be required to
remain on duty for more than forty (40) hours in any calendar week, unless, the Chief of
Police deems extra hours of duty necessary and additional compensation shall be paid
at the rate of one-and one-half (1.5) times the employee's regular rate of pay.
Bargaining unit member may elect compensatory time off in lieu of compensation at the
rate of one and one-half (1.5) hours for each hour overtime worked, subject to a
maximum accrual of one-hundred-twenty (1 20) hours compensatory time.
Section 2. Bargaining unit members will work a forty (40) hour work week. The City
will establish the hours of work best suited to meet the needs of the department to
provide superior service to the community.
Section 3. Overtime pay when so granted will normally be contained in the
bargaining unit member's next regular paycheck following the time worked.
Compensatory time will be requested in advance and approved in the same manner as
vacation leave.
Section 4. The City will establish the hours or work best suited to meet the needs of
the department to provide superior service to the community, but agrees that work
schedules will not intentionally be changed or altered to avoid the payment of overtime.
Section 5. Whenever a shift rotation occurs, no bargaining unit employee shall be
forced to work a continuous shift. Bargaining unit employees rotating from the evening
or midnight shifts will be entitled to at least eight (8) hours of off-duty before returning to
work.
Section 6. Bargaining unit members will be given adequate notice of any change in
their regular shift except where an emergency exists. Bargaining unit members
required to work beyond their regular duty hours during a riot, hurricane, or emergency
condition will receive either compensatory time or overtime pursuant to this agreement.
Section 7. The City agrees that bargaining unit members shall be compensated for
off-duty training at the regular hourly rate when required by the Chief of Police to attend
training. Actual hours spent on off-duty training will be counted toward the accumulation
of hours worked for the purposes of calculating overtime.
Section 8. The City recognizes that unusual circumstances may require that a
bargaining unit member may find it necessary to request a change of his scheduled
shift. Approval shall rest with the Chief of Police or hidher designated representative.
47
Section 9. Compensation for overtime work in excess of (40) hours per week,
excluding unscheduled leave, shall be at the rate of one and one-half (1.5) the
employee's regular rate of pay.
48
SIGNATURE PAGE
In WITNESS WHEREOF, the parties have executed this agreement on the - day of
,2005.
FOR THE CITY OF
PALM BEACH GARDENS
FOR THE PALM BEACH COUNTY
POLICE BENEVOLENT
ASSOCIATION
Ron Ferris, City Manager
Joseph Russo, Mayor
Ratified by the City of Palm Beach Gardens day of ,2005.
Ratified by the PBA on the ?% dayof m. ad! 2005.
Confirmed by: Confirmed by:
Joseph Russo, Mayor
Patricia Snider, City Clerk
49
ADDENDUM
Section 9. Employment Benefits
9.1 Personal Leave
This Section establishes the City’s policy regarding the accrual and use of personal
leave. It is the policy of the City to promote the efficiency, health and morale of
employees through periodic interruption from their duties. Personal leave provides
time away from the work environment to pursue activities that promote the well-being
of the employee and good physical, mental, and emotional health.
This Section applies to all full-time employees.
vacation, illness, or personal days.
Personal leave may be used for
Personal leave is accrued monthly as follows for full-time employees assigned to
a forty-hour (40-hour) workweek.
Years of Continuous Service Monthly Accrual Annual Accrual
0 - 4 years 16 hours per month 192 hours/year
5 - 8 years 2 1 6 hourdyear
9 - 12 years 20 hours per month 240 hourdyear
13 - 16 years 23 hours per month 276 hours/year
17 - 20 years 25 hours per month 300 hours/year
Over 20 years 3 3 6 hourdyear
18 hours per month
28 hours per month
Personal leave shall be credited to the employee’s personal leave balance on the first
day of each month for the leave earned in the preceding month. For a new employee,
the beginning date of employment shall be on or before the twentieth (20th) day of the
month in order for the employee to be credited with personal leave time for that month.
The maximum accrual of personal leave is based on the length of continuous service.
Years of Continuous Service Maximum Accrual
0 - 4 years
5 - 8 years
9 - 12 years
13 - 16 years
17 - 20 years
Over 20 years
3 00 hours
400 hours
450 hours
500 hours
550 hours
640 hours
50
Section 9. Employment Benefits (cont’d.)
Employees may receive pay for personal leave hours that have been
accumulated over the following hours, based on the length of continuous service.
Payment in lieu of personal leave time shall be paid twice a year at employee’s
request, based on the current fiscal year. (See Personal Leave Cash-In Form)
Years of Continuous Service Accrual
0 - 4 years
5 - 8 years
9 - 12 years
13 - 20 years
Over 20 years
200 hours
300 hours
3 3 0 hours
3 60 hours
480 hours
A. Request for Leave
I. Scheduled Leave
Personal leave shall be requested by employees by submitting a
“Request for Leave” form to their supervisor. Requests for
personal leave shall be submitted in advance of the proposed
absence. Supervisors must consider all requests for personal
leave, giving due consideration to the needs of the department and
the ability of the remaining staff to perform the work of the
department or division. Each employee shall give hidher
supervisor at least ten (IO) days notice for scheduled leave of five
(5) days or more. This notice requirement is subject to change by
each department and the notice may be waived by a supervisor for
any short term unscheduled leave.
2. Unscheduled Leave
To utilize unscheduled leave, such as illness, the employee shall
notify hidher supervisor prior to the beginning of the scheduled
workday, or prior to leaving the work assignment.
All probationary full-time employees are eligible to use unscheduled personal
leave.
The maximum continuous personal leave for which employees are eligible shall
be four (4) calendar weeks. The City Manager may approve more than four (4)
weeks if he/she determines the City will not be adversely affected.
The accrual is not available until the first day of the following month.
51
Employees are not entitled to use personal leave that has not been earned.
Section 9. Employment Benefits (cont’d.)
B. Payout
Upon separation from employment, employees will be paid for all accrued
personal leave. Any accrued personal leave shall be paid at the employee’s final
base rate of pay. Longevity shall not be paid on accrued personal leave.
9.2 Acute Illness Leave
This Section establishes the City’s policy regarding the accrual and use of acute illness
leave. Only full-time employees are eligible to accrue acute illness leave. This leave
may be used for illness by the employee, illness by the employee’s spouse, or illness
by the employee’s dependent children including stepchildren and adopted children.
Full-time employees shall accrue four (4) hours per month in acute illness leave.
Acute illness leave is accrued monthly.
Acute illness leave may be used only after three (3) consecutive personal days
as a result of illness. The illness or injury shall be verified in writing by a licensed
physician.
Acute illness leave shall be credited to eligible employees on the first day of each
month for the leave earned in the preceding month. For a new employee, the
beginning date of employment shall be on or before the twentieth (20th) day of
the month in order to be credited with acute illness leave time for the month.
The minimum charge for acute illness leave shall be units of eight (8) hours
except hours used for disability.
Acute illness leave is not transferable to other employees.
Upon separation from employment, employees shall not be entitled to any
reimbursement of accumulated acute illness leave.
52
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 8,2005
Meeting Date: April 7,2005
Resolution 46,2005
SubjecVAgenda Item: Gardens Station plat
[XI Recommendation to APPROVE
I ] Recommendation to DENY
Reviewed by:
Submitted by:
Judy A. Taylor Dye
Assistant City Engineer
p \<a t.b,L', I cs
\ \- >
I Approved by:
Originating Dept.:
Engineering
<. i- > <->
Judy A. Taylor Dye
Assistant City Engineer
>,y,(-t -%Ar ;I $ y
Advertised:
Date:
Paper:
[ X ] Not Required
Affected parties
[XI Notified
r
[ ] Not required
Costs: $ N/A
(Total)
$ N/A
Current FY
Funding Source:
[ ] Operating
[X ] Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 46,2005
[ ]None
Page 2 of 2
Date Prepared: March 8,2005
Meeting Date: April 7,2005
Resolution 46,2005
STAFF RECOMMENDATION
The plat of the Gardens Station includes the platting of the commercial portion of Gardens
Station located North of RCA Boulevard between RCA Boulevard and the FEC RR Right-of-
Way.
Staff recommends approval of Resolution 46,2005.
Date Prepared: March 8, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
RESOLUTION 46,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE GARDENS STATION
PLAT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Engineer has reviewed the Gardens Station plat; and
WHEREAS, the City Engineer has determined that the proposed plat meets all the
technical requirements of the City’s Land Development Regulations and Chapter 177,
Florida Statutes, and recommends approval of the plat; and
WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs;
and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Mayor and City Clerk are hereby directed and authorized to
execute the Mylar of the Gardens Station plat consisting of two (2) sheets, prepared by
Keshavarz & Associates, Inc., attached hereto as Exhibit “A.”
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Date Prepared March 8,2005
Resolution 46, 2005
PASSED AND ADOPTED this day of ,2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBERVALECHE
COUNCILMEMBER BARNETT
AYE NAY ABSENT
46 47 G:\attorney-share\RESOLUTiONS\PLAT - gardens station - reso 46 2005.doc
2
Date Prepared: March 8,2005
Resolution 46, 2005
EXHIBIT A
bf ? (0 ?
N x
.# 5 8
I 4 -4
0
i i s B a P
p g
0 0 Z
v) m Z -I
a w
A
/
PLAT OF RCA PARK (PLAT BOOK 83. PACE 63) \?
D
I
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 21, 2005
Meeting Date: April 7,2005
Resolution 49, 2005
SubjectlAgenda Item:
Consider approval of Amendment No. 1 to the Interlocal Agreement between the City of
Palm Beach Gardens and the School District of Palm Beach County for the Mutual Use of
Public Facilities, to allow for future construction of a restroom/pavilion at Howell Watkins
Middle School
w] Recommendation to APPROVE
I1 Recommendation to DENY
Reviewed by: )
City Attor w ey e inanc ministrator
Recreation Director
Community Services
Administrator
Department Director
Appro ed by: 46
City Manager
Originating Dept.: 2 e r
Angela Wong
Operations M
Community Services
Department
Advertised:
-.
Date:
Paper:
[X ] Not Required
Affected parties
[ ] Notified
I 1 Not required
costs: $o.oo
(Total)
$o.oo
Current FY
Funding Source:
[ ] Operating
[ ] Other
Budget Acct.#:
N/A
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 49, 2005
Exhibit A:
Interlocal Agreement
w/School District
Exhibit 6:
Addendum No. 1
[ ]None
Date Prepared: March 21,2005
Meeting Date: April 7,2005
Resolution 49, 2005
BACKGROUND: In October 2003, the School Board and the City entered into an
Interlocal Agreement for the mutual use of facilities at the Howell Watkins Middle School
and Lake Catherine Sports Complex. In that agreement, the City is required to construct
certain off-site access improvements through the Lake Catherine Sports Complex to
accommodate the school bus traffic ingresslegress, in conjunction with the City’s
MacArthur Boulevard beautification project at the School Board’s expense, which was
recently completed. The School Board and the City also agreed to share parking and
recreational facilities between the park and the school. In addition, the agreement also
allows the City to install field lighting at the schools new recreational fields in the future if
desired.
The construction of the school fields is nearing completion. However, no restroom facilities
were included in the project to accommodate users of the fields during those times when
they are being used by the City. City staff is recommending that the following amendment
to the existing agreement be approved to allow for such future construction of a
restroom/pavilion facility within the grounds of the school site, which would be constructed
utilizing the same plans as the restroom/pavilion located at the south end of the Lake
Catherine Sports Complex. This new restroom/pavilion would serve both the school field
users as well as attendees of special events taking place at the Lake Catherine passive
park on the west side of MacArthur Boulevard. The City would be responsible for the
maintenance and operation of the future project, if completed.
STAFF RECOMMENDATION: Approve Amendment No. 1 to the Interlocal Agreement
between the City of Palm Beach Gardens and the School District of Palm Beach County for
the Mutual Use of Public Facilities, to allow for future construction of a restroom/pavilion at
Howell Watkins Middle School
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
RESOLUTION 49,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AUTHORIZING THE EXECUTION OF
AN AMENDMENT TO AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF PALM BEACH GARDENS AND THE SCHOOL
DISTRICT OF PALM BEACH COUNTY FOR THE MUTUAL USE OF
PUBLIC FACILITIES TO ALLOW FOR FUTURE CONSTRUCTION
OF A RESTROOM/PAVILION AT HOWELL L. WATKINS MIDDLE
SCHOOL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the School Board and the City entered into an Interlocal Agreement
for the mutual use of facilities dated October 16, 2003 (hereinafter referred to as the
“Ag reeme n t”) ; and
WHEREAS, the City desires to provide a restroom facility near the recreational
amenities on the H. L. Watkins campus for the public during those times when in
property is being used by the City; and
WHEREAS, the School Board and the City recognize the need and benefit of
providing shared use of facilities for both students and the local community; and
WHEREAS, the parties to this Agreement desire to enter into this Amendment to
the Interlocal dated October 16, 2003; 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:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
authorizes the execution of an Amendment to an Interlocal Agreement between the City
and the School District of Palm Beach County to allow for the future construction of a
restroom/pavilion at Howell L. Watkins Middle School.
SECTION 3. This Resolution shall become effective immediately upon adoption.
1
2
3
4
5
6
7
8
9
10
PASSED AND ADOPTED this day of ,2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
11
12 ATTEST:
13
14
15 BY:
16 Patricia Snider, CMC
17 City Clerk
18
19
20
21 LEGAL SUFFICIENCY
22
23
APPROVED AS TO FORM AND
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
Date Prepared: March 11,2005
Resolution 49,2005
~ Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBERVALECHE
COUNCILMEMBER BARNETT
AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\agrnt with School District- watkins restroom facility-reso 49 2005.doc
2
Date Prepared: March 21, 2005
Meeting Date: April 7, 2005
Resolution 49,2005
EXHIBIT A
Interlocal Agreement with School District of Palm Beach County
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF PALM BEACH GARDENS
AND
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
FOR THE MUTUAL USE OF PUBLIC FACILITIES
THIS AGREEMENT is entered into this bW day of aZ;roW , 2003, between THE
CITY OF PALM BEACH GARDENS, a municipal corporation of the State of Florida (hereinafter
referred to as “City”), and the SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA, a
corporate body politic pursuant to the Constitution of the State of Florida (hereinafter referred to
as “School District”).
WITNESSETH:
WHEREAS, the School District intends to demolish the existing H.L. Watkins Middle School and
replace the facility with a new middle school (hereinafter referred to as “School”); and
WHEREAS, the School District requested that the City construct certain off-site access
improvements through City property (the Lake Catherine Sports Complex), in conjunction with
the City’s MacArthur Boulevard beautification project; and
WHEREAS, the City has agreed to construct these off-site access improvements at the School
District‘s expense; and
WHEREAS, the City owns and maintains a recreation facility known as the Lake Catherine
Sports Complex (hereinafter referred to as the “Park”) adjacent to the south side of the School;
and
WHEREAS, the School District and the City desire to share parking and recreational facilities
between the Park and the School; and
WHEREAS, the City has budgeted to construct enhancements to the School’s outside
recreation facilities above those required by the Educational Specifications, at a cost in excess
of $800,000.00; and
WHEREAS, it is the intent of Part 1 of Chapter 163, Florida Statutes (The Florida lnterlocal
Cooperation Act), to encourage cooperation between local government units in the provision of
services and facilities for the needs of local communities; and
WHEREAS, the School District and the City recognize the need and benefit of providing for the
shared use of parking and recreational facilities between the Park and the School: and
WHEREAS, the School District and the City deem that it is necessary and appropriate to
cooperate with each other by entering this lnterlocal Agreement.
NOW, THEREFORE, for and in consideration of the mutual benefits herein contained, the parties agree as follows: ..
The foregoing recitals are true and correct and are incorporated herein as is fully set forth.
All exhibits to this Agreement are hereby deemed a part hereof. The dates set forth may
be extended by the mutual consent of the parties.
The City represents to the School District that it has the authority to enter into this
Agreement.
The School District and the School Board represent to the City that it has the authority to
enter into this Agreement.
The purpose of this lnterlocal Agreement is to enhance the educational and recreational
opportunities for use by the students of Palm Beach County Schools and the public and
thereby provide a mechanism for the City and the School District to cooperate in the joint
use of facilities.
1.
2.
3.
4.
5.
6.
Section I: General.
Section 2: Obligations of the School District.
The term of this Agreement shall be from September 1, 2003, through August 31, 2043,
and shall automatically be renewed and extended for additional five-year terms unless
either party shall give at least ninety (90) days’ written notice to the other of its intention to
terminate this Agreement.
In the event this Agreement is terminated prior to the expiration of the term of the
Agreement, the School District shall reimburse the City for the cost of the design and
installation of the enhancements to the School’s outside recreation facilities, based upon
the amortization schedule attached hereto and made a part hereof as Exhibit “A.
I.
2.
The School District will fund the design and construction of the facilities on the School
campus required as a part of the School construction project, as delineated in the
Educational Specifications for the School, as approved by the School Board on May 21,
2003 and as shown on the conceptual site plan, attached and made part hereof as Exhibit
“B”.
The School District agrees, within thirty (30) days of receipt of an invoice, to reimburse the
City for the design and construction costs incurred by the City associated with off-site
improvements necessary to accommodate safe and efficient flow of traffic to and from the
School. These improvements shall be based upon the design prepared by the City,
consistent with the conceptual improvements plan attached hereto and made a part hereof
as Exhibit “C”. These improvements include:
A.
B.
A vehicular cross-access connection from the Park to the School to accommodate the
bus loop and staff parking areas located on the south side of the School site. This
cross-access connection will provide the School with access to a full directional
median opening on the Park property for the safe and efficient movement of traffic.
A new southbound left-turn lane and median opening at the main entrance to
accommodate parent pick-upldrop-off at the School and the School’s visitor parking
area.
S:\Planning\Public\lNTERGOV\Agreemenls\P.B. GARDENS\Watkins final 10-7-03.doc
2
3. The School District will provide access to all of the School's parking and outside recreation
facilities for use by the City in conjunction with the City's recreational activities. The use of
the School's parking and recreation facilities shall be limited to times when school is not in
session or in use by the School for their activities and programs. Provided, however, that
in the event that the City is granted use of the old Media Center and associated parking,
which is located at the extreme north end of the School site, the School District will allow
full access for use by the City when school is in session, provided that the area is
completely isolated from the School. The School District agrees, covenants, warrants, and
represents that parking and recreational facilities shall be open to the public from the end
of the regular school day until 11:OO p.m. on weekdays while school is in session, and
open from 7 a.m. to 11 p.m. on weekends and when school is not in session. The City
shall have the authority to extend such hours or times as is reasonably necessary with the
consent of the School's principal so long as it is consistent with the City's Park and
Recreation policies and procedures.
4. The School District grants to the City the right to enhance the School Recreation Facilities
by installing lighting, at the City's sole expense.
5. The School District shall be responsible for the normal maintenance of the School
recreation facilities. The School District consents to the City augmenting the maintenance
schedule at the City's sole expense, to be coordinated with and subject to the approval of
the School's principal.
Section 3: Obllnatlons of the Citv of Palm Beach Gardens.
1. The City shall design and construct a southbound left-turn lane and median opening to
accommodate the parent pick-upldrop-off and visitor parking areas, and provide a cross-
access easement for this connection from the Park to the School to accommodate the bus
loop and staff parking areas located on the south side of the School site. This cross-
access connection through the Park to McArthur Boulevard will provide the School with
access to a full directional median opening for the safe and efficient movement of traffic.
2. The City will allow the use of the Park in conjunction with the recreational activities of the
School. The use of the Park by the School shall be limited to times when school is in
session. The City agrees, covenants, warrants, and represents that, during the period of
time when the School athletic fields are under construction, the Park Recreation Facilities
shall be closed to the public while school is in session. Upon completion of the School's
outside recreation facilities, the Park recreational facilities will be made available for the
use of the School when scheduling permits, and shall be subject to approval by the City
Recreation Department.
3. The City may at its option, enhance the School Recreation Facilities above those required
by the Educational Specifications, by installing lighting for the athletic fields. The City shall
be responsible for all costs associated with design, construction, and maintenance of
recreational improvements made at the School above those required by the Educational
Specifications for the School. Any improvements proposed by the City to the School's
recreational facilities must be approved in advance by the School District's Chief of
Facilities Management or equivalent. ..
4. If the City enhances the School Recreation Facilities by installing lighting, the City shall
augment the maintenance of all recreational improvements, at the City's sole expense.
S:\Planning\Public\lNTERGOV\Agreements\P.B. GARDENSWatkins final 10-7-03.doc
3
Such additional maintenance will be coordinated with and subject to approval of the
School’s principal.
Section 4: Replacement.
In the event all or a portion of the facilities and improvements are damaged, each party to this
Agreement shall be responsible for the repair of the facilities and improvements originally
installed by that party. Each party to this Agreement agrees to keep all facilities and
improvements fully insured, and to the extent of a casualty, repair the same within a reasonable
time frame. In the event the enhancements to the recreation facilities installed at the cost of the
City are destroyed, it shall be in the sole discretion of the City whether such facilities are
reconstructed.
Section 5: Recoqnition of Liability.
The School District and the City recognize their respective liability for certain tortious acts of
their agents, officers, employees, and invitees, and agree to be responsible respectively for all
claims, liability, losses, andlor causes of action that may arise from any negligent act or
omission due to the acts of its agents, servants, or employees, to the extent and limits provided
by law, said governmental entities subject to the limits provided in Section 768.28, Florida
Statutes, the State of Florida’s partial waiver of Sovereign Immunity; provided, however, that
this provision shall not be construed as a waiver of any right or defense that the governmental
entities have under said statute. Each party covenants to maintain sufficient professional,
general liability, and worker’s compensation coverage, unless self-insured, regarding its
respective liability, throughout the term of Agreement. Without waiving the right of sovereign
immunity as provided by Florida Statutes, Section 768.28, the School Board also agrees and
warrants to maintain self-insurance, sufficient to cover any and all claims that may arise relating
to the School Board’s use of the Park. The School Board also agrees to provide a statement of
the self-insurance to the City prior to the School Board’s use of the Park.
Section 6: Other Aqreements.
The City and the School District agree to cooperate with each other and execute any and all
documents or agreements necessary to effectuate this Agreement for the purposes stated
herein.
Section 7: Modification.
Any modifications to this Agreement shall be in writing and approved by the parties’ respective
governing bodies.
Section 8: Notice.
All notices to be given or delivered by or to any party hereunder shall be given in writing and
shall be (as elected by the party giving such notice) hand delivered by a messenger, courier
service, or Federal Express, or alternately shall be sent by United States Certified Mail with
return receipt requested. The effective date of any notice shall be the date of delivery of the
notice if by personal delivery, courier service, or Federal Express, or if mailed, upon the date
which the return receipt is signed or delivery is refused or the notice designated by the postal
authorities as non-deliverable, as the case may be. The parties hereby designate the following
as the addresses to which notices shall be delivered:
S:\Planning\Public\lNTERGOV\Agreernents\P.8. GARDENS\Walkins final 10-7-03.doc
4
. . -.
City:
With a copy to:
Ronald M. Ferris, City Manager
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Christine P. Tatum, City Attorney
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
School District: Arthur Johnson, Ph.D., Superintendent
School District of Palm Beach County, Florida
3300 Forest Hill Boulevard
West Palm Beach, FL 33406
With a copy to: Chief Counsel
School District Legal Services Department
3300 Forest Hill Boulevard
West Palm Beach, FL 33406
Section 9: Bindina Effect.
All terms and provisions of the Agreement shall be binding, inure to the benefit of, and be
enforceable by the parties and their legal representatives, successors, and assigns.
Section 10: Headinas.
Headings herein are for the convenience of reference only and shall not be considered on any
interpretation of this Agreement.
Section 1 I : Exhibits.
Each exhibit referred to in this Agreement forms an essential part of this Agreement. The
exhibits, if not physically attached, should be treated as part of this Agreement and are
incorporated herein by reference.
Section 12: Waiver.
Failure of the City or School District to insist upon strict performance of any covenant or
condition of this Agreement, or to execute any right herein contained, shall not be construed as
a waiver or relinquishment for the future of any such covenant, condition, or right, but the same
shall remain in full force and effect.
Section 13: Legal Representation.
It is acknowledged that each party to this Agreement had the opportunity to be represented by
counsel in the preparation of this Agreement, and accordingly, the rule that a contract shall be
interpreted strictly against the party preparing same shall not apply herein due to the joint
contributions of both parties.
S:\Planning\Public\lNTERGOVV\greements\P.B. GARDENS\Watkins final 10-7-03.doc
5
Section 14: Joint Defense.
In the event that the validity of this Agreement is challenged through legal proceedings or
otherwise, the parties agree to cooperate with each other in defense of this Agreement, with
each party to bear its own attorney's fees and costs associated with such defense.
Section 15: Severability.
If any provisions of this Agreement shall be held illegal, inoperative, or unenforceable in any
context, said provisions shall not effect any other provisions of the Agreement or render other
provisions invalid, inoperative, or unenforceable.
Section 16: No Third-party Beneficiary.
This Agreement is made solely and specifically among and for the benefit of the parties hereto,
and their respective successors and assigns subject to the express provisions hereof relating to
successors and assigns, and no other person shall have any rights, interest, or claims
hereunder or be entitled to any benefits under or on account of this Agreement as a third-party
beneficiary or otherwise.
Section 17: Remedies.
Each party hereto recognizes and agrees that the violation of any term, provision, or condition of
this Agreement may cause irreparable damage to the other parties which may be difficult to
ascertain, and that the award of any sum of damages may not be adequate relief to such
parties. Each party, therefore, agrees that, in addition to other remedies available in the event
of a breach of this Agreement, any other party shall have a right to equitable relief, including, but
not limited to, the remedy of specific performance.
Section 18: Counterpart Siunatures.
This Agreement may be executed in one or more counterparts, each of which shall be deemed
an original but all of which together will constitute one and the same instrument.
Section 19: VenuelLaws.
This Agreement shall be construed in accordance with the laws of the State of Florida. Should
any dispute arise out of this Agreement, venue shall lie in Palm Beach County, Florida. Note:
Covered in Section 13
Section 20. Filinu.
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach
County pursuant to Section 163.01 (1 l), Florida Statutes.
Section 21. Time.
Time is of the essence with regard to every term, condition, and provision set forth in this
Agreement. Time periods herein of less than six (6) days shall in the computation exclude
Saturdays, Sundays, and state or national legal holidays, and any time period provided herein
..
S:\Planning\Public\lNTERGOV\Agreernents\P.B. GARDENS\Watkins final 10-7-03.doc
G
which shall end on Saturday, Sunday, or a legal holiday shall extend to 500 p.m. of the next
business day. I
IN WITNESS WHEREOF, the parties hereunto have executed this Agreement on the dates set
forth below:
THE SCHOOL BOARD OF PALM BEACH COUNTY,
FLORIDA, as the Governing Body of THE SCHOOL
DISTRICT OF PALM BEACH COUNTY
(SEAL) By: rc,
Fa;e Thomas Lynch, Chairman
Review
c Date: Id/ I3 b.3
School Board Attorney
CIT DENS, FLORIDA
By:
D Patricia Snider, City Clerk
Approved as to form and legal sufficiency:
Date: -& IC. A ? ./
BY
..
S:\Planning\Public\lNTERGOVV\greements\P.6. GARDENS\Watkins final 10-7-03.doc
7
EXHIBIT "A"
HOWELL WATKINS INTERLOCAL AGREEMENT
EARLY CONTRACT TERMINATION SCHEDULE
YEAR BALANCE
TERMINATED TO PAY
2004
2005
2006
2007
2008
2009
201 0
201 I
201 2
201 3
2014
201 5
201 6
201 7
201 8
201 9
2020
202 1
2022
2023
$ 800,000
760,000
720,000
680,000
640,000
600,000
560,000
520,000
480,000
440,000
400,000
360,000
320,000
280,000
240,000
200,000
160,000
120,000
80,000
40,000
.. EXHIBIT "B"
II
I
L
01 I
H. L. WATKINS
MIDDLE SCHOOL
MODERNIZATION/
REPLACEMENT
SOPBC PROJECT NO. 0121-8263
StA PROJ NO. 02141
?F
Song t Associates
ra0 - A= X Sub mhhL.o4-sua
T.1 (an1 Me-SlzI hr (Ml) Me-lu?
I I I I I I I I I I I I I
I I
I I I
I I
I
I I I I I I I I I I
I I I
I I I I I I I I
I
I
- Dab 10.07.03
proiact No.: 02141
Dram Bv. RCF
Checked Bv. TK Revisions:
DRAWING No.
CCA-A.4
I I I I I I I I I I I SI I
I I I I I I
I
LJ I
EXHIBIT “C”
PARTIAL SITE PLAN
- ) 32’-0’
SCUL. N.T.S. OR
! I
I
I
I
~
I
I
I I
Date Prepared: March 21,2005
Meeting Date: April 7, 2005
Resolution 49, 2005
EXHIBIT B
Addendum No. 1 to the Interlocal Agreement
FIRST ADDENDUM TO
INTERLOCAL AGREEMENT BETWEEN THE
SCHOOL BOARD OF PALM BEACH COUNTY AND
THE CITY OF PALM BEACH GARDENS
THIS FIRST ADDENDUM (“Addendum”) to the Interlocal Agreement between the School
Board of Palm Beach County, Florida (the “School Board”), and the City of Palm Beach Gardens
(the “City”) is entered into this day of , 2005.
WITNESSETH:
WHEREAS, the School Board and the City entered into that certain Interlocal Agreement
for the mutual use of facilities dated October 16, 2003 (hereinafter referred to as the
“Agreement”) ; and
WHEREAS, the City desires to provide a restroom facility near the recreational amenities
on the H.L. Watkins campus for the public during those times when in property is being used by
the City; and
WHEREAS, the School Board and the City recognize the need and benefit of providing
shared use of facilities for both students and the local community; and
WHEREAS, the parties to this Agreement desire to enter into this Amendment to the
Interlocal dated October 16, 2003.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein and other good and valuable consideration, the adequacy and receipt of which
is hereby acknowledged, the parties agree as follows:
1. The foregoing recitals are true and correct and are hereby incorporated herein by
reference.
2. Section 2 of the Agreement is hereby modified and amended to provide as follows:
5. The School District shall be responsible for the routine maintenance of the School
recreation facilities only. The School District agrees to the City augmenting the
maintenance schedule at the City’s sole expense to be coordinated with and
subject to the approval of the School’s principal. Maintenance of the restroom
facility constructed by the City and used by the City shall be the sole responsibility
of the City.
6. The School District grants to the City the right to enhance the School Recreation
Facilities by installing a restroom facility as shown on Exhibit “D”, attached hereto
and by this reference incorporated herein, which will be operated and maintained
at the City’s sole expense.
3. Section 3 of the Agreement is hereby modified and amended to provide as follows:
5. The City shall design, construct, and maintain the restroom facility for use by the
public, as depicted in Exhibit “D”. The City shall be responsible for all costs
associated with the design, construction, and maintenance of the restroom
facility. Any improvements associated with the restroom facility must have all
i
required permits from the School District’s Building Department and all other
required permitting agencies prior to the start of construction and shall comply
with all codes, laws, rules, and regulations related thereto.
6. If the City enhances the School Recreation Facilities by installing a restroom
facility, the City shall operate and maintain the restroom facility at the City’s sole
expense.
4. Exhibit ‘ID”, depicts the location of the proposed additional restroom facility and
description of the same.
5. The remainder of the Agreement, except as modified and extended herein, shall continue
in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Addendum herein on the day and year
first above written.
THE SCHOOL BOARD OF PALM
BEACH COUNTY, FLORIDA, as the
Governing Body of THE SCHOOL
DISTRICT OF PALM BEACH COUNTY.
(SEAL)
ATTEST: By:
Thomas E. Lynch, Chairman
Arthur C. Johnson, Ph.D., Superintendent
Date:
Reviewed & Approved:
By:
School Board Attorney
THE CITY OF PALM BEACH GARDENS,
FLORIDA
(SEAL) By:
Joseph Russo, Mayor
Date:
ATTEST:
By:
Patricia Snider, CMC City Clerk
Reviewsd & Approved: /
Christine P. Tatum, City Attorney
? I .. I .' ;f
!
;r
i
.I .I
': 3r'
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared February 17,2005
Meeting Date April 7, 2005
Resolution 50, 2005
SubjectlAgenda Item:
Resolution 50, 2005 -Approval of a Work Authorization to LBF&H, Inc., in an amount not
to exceed $1 03,475, for engineering and surveying services related to the canal restoration
and stormwater projects (Project No. 2003-007).
[ X ] Recommendation to APPROVE I ] Recommendation to DENY P
rl - 07 I Reviewed by:
City Attorney clrb Finaa
Civil Enginzfi
f
Submitted by:
Jack Douahnev,
/
Originating Dept.:
Community Services
Department
Advertised: NIA
Date:
Paper:
[ X ] Not Required
Affected parties
[ X ] Notified
[ ] Not required
/
Costs: $ 103,475.00
(Total)
$ 103,475.00
Current FY
Funding Source:
[ X ] Operating
[ ]Other
Budget Acct.#:
001-3040-541.691 8
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 50, 2005
Exhibit "A - LBFH, Inc.,
Proposal dated February 14,
2005.
Exhibit "B" - File Opening
Authorization
[ ]None
Date Prepared February 17,2005
Meeting Date April 7, 2005
Resolution 50, 2005
BACKGROUND: The City has completed several priority projects as identified in
the Stormwater System Management Plan dated January 2002, which were funded
by the General Fund. In order to proceed with the implementation of the remaining
capital projects, City Council approved the Series 2003 Public Improvement and re-
financing bond as recommended by the Blue Ribbon Panel on November 6,2003. It
is the City’s intention to complete the remaining projects within three years from the
date of receipt of the $5 million bond funds.
The City has contracted with several contractors for the various activities necessary
to complete the remaining projects. LBFH has extended their services to include
surveying and mapping for four new sections of this project, collectively referred to
as Phase Ill, including: Thompson River Canal from Lighthouse Drive south to the
Earman Canal; Earman Canal from the C-I 7 Canal west to Military Trail; Bellewood
Canal from the Earman Canal south the terminus point; and Earman Canal from I-
95 west to Military Trail. This phase, Phase IV, involves the Thompson River Canal
“South” and “North”, the Allamanda Canal, and drainage design of the Bellwood
Canal and Plant Drive drainage, and the Allamanda Water Control Structure.
Several public meetings have been held, with LBFH’s involvement, and additional
meetings will be held, as warranted, to inform residents of the upcoming
improvements and any related conflicts associated with their properties.
Construction for this Phase is estimated to begin in April 2005.
The proposal provided by LBFH for engineering and surveying services related to
this phase of the project is attached as Exhibit “A”. Their current proposal is for an
amount not to exceed $1 03,475.00, as reflected in the File Opening Authorization
attached as Exhibit “B”.
0 STAFF RECOMMENDATION: Approve Resolution 50, 2005, authorizing the
execution of a Work Authorization to LBFH, Inc., to provide engineering and
surveying services related to the canal restoration and stormwater system projects,
in an amount not to exceed $103,475.00.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
RESOLUTION 50,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A WORK
AUTHORIZATION FOR ENGINEERING SERVICES WITH LBFH, INC.,
TO PROVIDE ENGINEERING AND SURVEYING SERVICES RELATED
TO THE CANAL RESTORATION AND STORMWATER PROJECTS;
AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE
THE SAME; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens has a continuing
contract for engineering services with the engineering firm of LBFH, Inc.; and
WHEREAS, the City Manager has negotiated a Work Authorization with LBFH, Inc.,
in an amount not to exceed $103,475, to provide engineering and surveying services
related to the canal restoration and stormwater projects, based on a proposal received
from LBFH, attached hereto as Exhibit “A;” and
WHEREAS, the City Council has deemed the approval of the Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves a Work Authorization for LBFH, Inc.,
in an amount not to exceed $103,475, to provide engineering and surveying services
related to the canal restoration and stormwater projects. A copy of said Work Authorization
is attached hereto as Exhibit “B.”
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: February 17, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
Date Prepared: February 17, 2005
Resolution 50, 2005
PASSED AND ADOPTED this day of ,2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBERLEVY ---
COUNCILMEMBERVALECHE ---
COUNCILMEMBER BARNETT ---
\\pbgsfileWttorneylattorney-share\RESOLUTIONS\LBFH work autorization - stormwater - reso 50 2005.doc
/'
2
Date Prepared February 17,2005
Meeting Date April 7, 2005
Resolution 50,2005
EXHIBIT “A”
LBFH, Inc. proposal for engineering and surveying services for Canal Restoration and
Stormwater Projects - Phase IV (dated February 14, 2005)
February 14,2005 File No. 05-4406
Mr. David Reyes
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Re: Agreement for Engineering and Surveying Services for Canal
Restoration and Stormwater Projects -Phase 4
Dear Mr. Reyes:
In accordance with your request, LBFH, Inc. is pleased to submit our
proposal to provide engineering and surveying services for the proposed
Canal Restoration and Stormwater projects in the City's current plan.
Attached for your review is Exhibit A, the proposed Scope of Services. The
work can be performed in accordance with our current Agreement for
Services with the City. For budgeting purposes, we have estimated the
costs for performing each of the tasks presented in Exhibit A. If it appears
as though our estimated amounts will be exceeded, we will notify you
immediately. We will not perform additional work on the project without
your prior approval.
If this proposal is acceptable to you, please sign and date both copies, and
return a copy to us as our authorization to proceed. If you have any
questions or require additional information, please do not hesitate to contact
us at (561) 684-3375.
Very truly yours,
Km-m&A
Karen D. Brandon, P.E.
Approved:
LBFH, Inc.
fl
Daniel P. Clark, Vice President
Enclosures, In Duplicate
cc: Angela Wong
P \054406\ProposalV\FS Cover Lener doc
Approved:
City of Palm Beach Gardens
(Hereinafter: CLIENT)
EXHIBIT A
Scope of Services
City of Palm Beach Gardens
Canal Restoration and Stormwater Projects - Phase 4
Phase 00: Preliminary Work and Data Collection: LBFH will assist the City of Palm
Beach Gardens (City) in planning and scheduling efforts to complete the remaining
canal restoration and storm water projects included in the $5 million funding and the
t hree-year schedule.
Time & Expense Estimate: $1,000
Phase IO: Survey and Mapping: LBFH Inc. shall prepare an as-built survey meeting
the “Minimum Technical Standards” Chapter 61-GI 7, Florida Administrative Code for
the following routes:
A. Thompson River Canal As-built Survey “South”
“Thompson River Canal” from the crossing of the Thompson River Canal under
Military Trail, south, and then west to the termination point east of Seagrape Way
(approximately 2,600 feet); Together with two divisions of the canal off of the
aforementioned route that branch off to the west, and also terminate east of
Seagrape Way (approximately 1000 feet); For a total route of approximately 3,600
feet of canal. The canal will be as-builted at 400-foot cross-section intervals
(approximately 9-sections). The cross-sections will be taken from canal right-of-way
line to canal right-of-way line, picking up top of bank, toe of slope and all significant
changes in grade. No above ground improvements will be located as a part of this
scope. The deliverable consists of the plan view of the cross-sections plotted in
relationship to the existing right-of-way lines of the canal. The survey shall also show
vertical section views of each cross-section.
Lump Sum Fee: $7,000
B. Thompson River Canal As-built Survey “North”
“Thompson River Canal” from the crossing of the Thompson River Canal under
Military Trail, North to where the canal crosses Hickory Drive (approximately 6,500
L.F. of canal). The canal will be as-builted at 400-foot cross-section intervals
(approximately 16-sections). The cross-sections will be taken from canal right-of-way
line to canal right-of-way line, picking up top of bank, toe of slope and all significant
changes in grade. No above ground improvements will be located as a part of this
scope. The deliverable consists of the plan view of the cross-sections plotted in
1
relationship to the existing right-of-way lines of the canal. The survey shall also show
vertical section views of each cross-section.
Lump Sum Fee: $9,000
C. Allamanda Canal - LBFH Inc. shall provide the following Surveying and
Mapping services for the following route - “Allamanda Canal” from west of
Prosperity Farms Road and south to Lighthouse Drive (approximately 4,400
LF). Together with two divisions of the canal off of the aforementioned route
that branch off to the west, one at Siena Oaks to Burns Road (approximately
800 LF) and the other at the Meridian park Development (approximately
4,600 LF, for a total route of approximately 9,800 feet of canal right-of-way.
Task A - Canal Right-of-way Staking
The canal right-of-way shall be staked at 100-foot intervals with lath on
tangents and 50-foot intervals along curves. All stakes shall be visible
between themselves and if needed intermediate stakes will be set. No offset
stakes shall be provided. This is a one-time staking any re-staking shall be
done on a Time and Expense Basis.
Task B - Topographic Survey
LBFH Inc. shall prepare a topographic survey for the above referenced route
meeting the Minimum Technical Standards, Chapter 6191 7, Florida
Administrative Code. The topographic survey shall show the following:
1) Location of all above ground improvements in the canal right-of-way, and
any adjacent 12-foot utility easement such as: fences, docks, concrete
pads, walks, or decks, irrigation intakes, pool drains, specimen and exotic
trees, utilities, outfall culvert pipes, with invert elevations and pipe sizes,
drainage structures, and headwalls.
2) Cross-sections from right-of-way line to right-of-way line at approximately
400-foot intervals, including one cross-section at the confluence with the
canals to the west.
Rough cut and fill estimates shall be computed from the sections.
Lump Sum Fee: $48,975
2
D. Florida East Coast Railroad Ditch Topographic Survey and Right-of-way Staking
LBFH Inc. shall prepare a Topographic survey for the ditch located on the East side
of the Florida East Coast Railroad for the following route: From R.C.A. Boulevard
South to the C-17 Canal (approximately 9000 linear feet).
Task A - Canal Right-of-way Staking
The Florida East Coast Railroad right-of-way will be staked at 100-foot intervals
(East side Only). No offset stakes shall be provided. This is a one-time staking any
re-staking shall be done on a Time and Expense Basis.
Task B - Topographic Survey
LBFH Inc. shall prepare a topographic survey for the above referenced route
meeting the Minimum Technical Standards, Chapter 61 g17, Florida Administrative
Code. The topographic survey shall show the following information:
3) Location of all above ground improvements from the east rail of the Florida East
Coast Railroad track - east to 25-feet outside the existing Railroad right-of-way.
All above ground utilities, outfall culvert pipes, with invert elevations and pipe
sizes, drainage structures, and headwalls will be located.
4) Cross-sections from the east rail of the Florida East Coast Railroad track - east
to 25-feet outside the existing Railroad right-of-way will be obtained at 400-foot
cross-section intervals (approximately 23 sections). The route crosses several
main roadway intersections, above ground evidence of utilities and existing
drainage into the canal shall be located at each intersection, but a detailed
survey of each intersection is not included as a part of this scope.
Lump Sum Fee: $26,000
Phase 27: Utilitv Coordination: LBFH will assist the City in coordinating with utility
companies which may have facilities located within City right-of-way and utility
easements. This coordination will include contact by phone and in writing to request
information regarding utility locations and scheduling of relocations.
Time & Expense Estimate: $3,000
3
..
Phase 50: Team and Client Meetinqs: LBFH will attend two project meetings with City
staff per month to coordinate the canal restoration and storm water project efforts,
specifically to assist with cost estimates and schedules, contractor selection, and the
public involvement program. This task includes up to 10 two-hour meetings.
Time & Expense Estimate: $3,000
Phase 40: Permitting for Canal Restoration: LBFH will prepare applications for
coverage under the U. S. Army Corps Nationwide Permitting Program and submit letter
notifications to SFWMD for the FEC Ditch and Allamanda Canal restoration projects.
Time & Expense Estimate: $1,500
Phase 53: Public Involvement Meetings: LBFH will assist in the preparation of a tri-
fold brochures for distribution to residents describing the proposed canal restoration
work, and providing a question and answer format. LBFH will assist City staff in the
preparation of a brief PowerPoint presentation for use at the City’s public meetings,
describing the proposed canal restoration work. LBFH will prepare exhibit boards for the
public meetings. In addition, an LBFH engineer will attend public involvement meetings
to assist in answering questions from residents and concerned citizens. LBFH will
address any questions, comments or concerns for the next phase of work as it relates to
the Stormwater Management Plan prepared by LBFH in January 2002.
Time & Expense Estimate: $5,000
Phase 24: Drainaqe Desiqn:
Task 241A: Bellwood Canal - LBFH will perform calculations to size a drainage
pipe to replace the Bellwood Canal, including side drains, inlets and headwall at
the Earman Canal.
Time & Expense Estimate: $1,000
Task 241B: Plant Drive Drainage - LBFH will review the Plant Drive drainage
area and propose a solution to relocate the outfall route based on calculations
and a drainage analysis.
Time & Expense Estimate: $2,000
Task 242: Allamanda Water Control Structure Modifications - LBFH will
prepare a preliminary water control structure design based on calculations and attend a
pre-application meeting with SFWMD to discuss potential permitting options for the
4
proposed structure modification. Once the preliminary design is approved by the City
and discussed with SFWMD, an addendum to this scope will be prepared for the fees
for preparation of the permit application package and final detailed design of the
proposed structure.
Time & Expense Estimate: $4,000
Total Time & Expense Estimate: $102,475
REIM: Direct ExDenses: This includes any direct, non-salary expense, including but
not limited to photocopies, blueprints, out-of-office reproduction or photographic
services, long distance telephone calls, special mailing (FedEx or UPS) services,
contract services authorized by the Client, special materials and survey markers.
Estimated Fee: $1,000
SPECIAL PROVISIONS
The following Special Provisions shall qualify or supplement any provision in this
Agreement, and shall override and take precedence over any provisions with which they
may be in conflict:
1. The Time and Expense estimates are based on past experience on similar tasks for
similar projects. However, these estimates may need to be revised based on the
individual characteristics of this project subsequent to initiation of services by LBFH.
Prior to providing services beyond the level of effort represented in the estimated fee
for Time and Expense items, LBFH will inform the City of the status of the estimated
budget to agree upon either additional fees or a reductions of the Scope of Services
provided by LBFH.
2. The City shall designate, in writing, a person to act as the City’s representative with
respect to the services to be rendered. Such person shall have complete authority
to transmit instructions, receive information, interpret and define the City’s policies
and decisions with respect to LBFH’s services for the project.
3. The City shall assist LBFH, by placing at LBFH’s disposal, all available information
pertinent to the project including previous reports, surveys and any other data
relative to the construction .of the project.
Authorize Engineering Services for a Total Not to Exceed Contract: $1 03,475
City Manager Date
P:\05-4406\Proposal\Cand Exhibit A Scope.doc
5
3- zhqof;
6ty Engineer bate
Date Prepared February 17,2005
Meeting Date April 7, 2005
Resolution 50, 2005
EXHIBIT “B”
File Opening Authorization
Request for Legal or Engineering Assistance
File Opening Authorization
City of Palm Beach Gardens
Department Requesting Service: Communitv Services DeDartment
Type of Assistant: X City Engineer
City Attorney Special Counsel
Contact Person: T. Ende, Civil Engineer Phone Extension: 799-42 76
Brief Description of Legal Question or Issue: Provide en~eeriny and
surveying services for canal restoration and stormwater Drojects - Phase IV
(Citv Proi ect Number 200 3 - 007).
Account Number: 00 1-3040-541.6918
The City CounciYCity Manager authorizes the City Attorney, Labor or
Special Counsel to work on the above-referenced issue at an hourly rate. The
City CounciYCity Manager may limit this authorization as set forth below, or
as may be set forth in an attached writing.
Maximum Number of Hours:
Maximum Hourly Rate:
Other: For an amount not to exceed $103,475
City ManagerKity Councilperson
City Manager Prio . S:
G: Work Order - Legal-Engineering
Original to: City Clerk
Copies to: Contact Person
Finance Administrator
City Engineer
u PALM BEACH COUNTY. F WTIG WZEREAS, althdugdc &awl Housing Opportunity is a right guarart Americans under Ti +rimination in b the 1968 Civil Rights ‘Law, the st ent of the Natwnol kaE the anniversciry m
that designatio& since it pmirided an opportunity for all Americans tu re
themseld to the principles of freedom of housing choice and to mwqwrint
under the kziu; rind .% , tkemselw with the tights and reqponsibil+es - that are
WHEREAS, since fair housing is
jwtice for all -prin&ph under whkh our nation was foutidgd - we all need b-
share i aing is a reality for all residents; and
$1
ter of the Greuter Pcrlm Beach is worktitcg in
unty to educate all cow residents on their fair
Rusm, by vim of the authority d in mew
Gardens, Florida, do hby proclaim the month
BEACH GA
CH COUNW, FL(
PROCLAMATION
childhood, proper Health, hd 4Ziiviron
'for a lifetime, producing a member
VTERNATIONAL
4 Dedicakd to Chudren's Health, Safety 6 Environnrcntul Auwreness
Dear Distinguished Mayor,
We are excited to announce to you that communities around the world will be hosting the Eleventh Annual
"Kids Day AmericdlnternationaITM" event on Saturday, May 14,2005. This is an international Health,
Safety, and Environmental Awareness Day that focuses on these important issues to educate local families
and communities. This year is an especially exciting year for Kids Day AmericdlnternationalTM, as it is
being represented by Jonathan Lipnicki, star of such films as Jeny Maguire with Tom Cruise, and Stuart
Little 1 and 2, as the new Celebrity Spokesperson! The inclusion of Jonathan Lipnicki is sure to bring an
unprecedented level of media coverage and attention to the event, both locally and nationally as well.
To date, almost 3,000,000 children and their families have been able to enjoy this day throughout the world.
With the help and support of local police departments, county sheriff offices, dentists, and photographers
who volunteered their time, we were able to complete Child Safety ID cards for all of these children.
Mayors, Governors, and Senators across the nation have signed the "Kids Day Americallnternational~"
proclamation making their towns, cities, and states official participants. Parents are thrilled to have a place
to go to learn about health awareness, fire safety, bicycle safety, recycling, drug awareness, and many
other important topics that address keeping our children safe and making the world a healthier and happier
place.
While learning about important issues, children can have fun and receive valuable information to take home
from this free event. "Kids Day Americallntemationalm" also benefits local charities across the entire
country.
Enclosed are a few copies of signed proclamations and media press releases and articles that were
generated as a result of the event. In addition, the event was covered by radio stations and network
affiliates nationwide, including Fox 5 NY, NBC, and CNN.
We look fotward to your city's participation in this extraordinary international event!
Yours in health,
Drs. Theresa and Stuart Warner
Co-Founders, "Kids Day AmericallnternationaP
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 4,2005
Meeting Date: April 7,2005
Ordinance 13,2005 & Resolution 44,2005
SubjecUAgenda Item:
Ordinance 13,2005 & Resolution 44,2005: Waterford Hotel PUD Amendment
First Reading: A request by Marty Minor of Urban Design Studio, on behalf of Savol of
Florida Inc., for approval of an amendment to the Waterford Hotel Planned Unit Development
(PUD) to allow for a 1,710 square-foot restaurant. The Waterford Hotel PUD is located at 11360
US Highway One, which is approximately l/lOth of a mile south of the intersection of US
Highway One and PGA Boulevard.
[XI Recommendation to APPROVE with 4 waivers
[ ] Recommendation to DENY
Reviewed by:
Planning and Zoning r
Division Tala1 BenobJ Director
City Attorney
Christine Tatu
Developmen~ Compliance
Bahareh Keshavarz-Wolfs,
AICP
Charles K. Wu, AICP
Approved By:
Citr/MaF
Originating Dept.:
Growth Management:
Manager
Brad Wiseman
Senior Planner
[XI Quasi - Judicial
[ ] Legislative
[ ] Public Hearing
Advertised:
[ XI Not Required
Date: N/A
Paper: N/A
Affected parties:
[ ]Notified
[XI Not Required
FINANCE:
Costs: $N/A
Total
$- NIA
Current FY
Funding Source:
[ ] Operating
[XI Other-NA
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ ] App. w/ conditions
[ ] Denied
[ 3 Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Reduced Plans
Ordinance 13,2005
Resolution 44,2005
Ordinance 14, 1996
Ordinance 18, 1992
Ordinance 53, 1988
Applicant Narrative
Date Prepared: March 4, 2005
Meeting Date: April 7, 2005
Ordinance 13,2005 & Resolution 44, 2005
EXECUTIVE SUMMARY
The subject petition is an amendment to the Waterford Hotel Planned Unit Development (PUD)
to allow for a 1,710 square-foot restaurant. The applicant is proposing an amended site plan that
satisfies the required parking for the restaurant and hotel. Staff recommends approval of
Ordinance 13,2005 and Resolution 44,2005 with four waivers and six conditions of approval.
BACKGROUND
On February 16, 1988, the City Council approved the Garden Suites Hotel Planned Unit
Development (PUD), through the adoption of Ordinance 53, 1988. This approval consisted of a
four-story hotel with a total of 90 rooms. Prior to PUD approval, a 1,880 square-foot bank
existed on-site. On February 2 1 , 199 1 , the City Council approved Resolution 22, 199 1 , which
allowed for an additional building sign for the hotel. The first PUD amendment was approved
by the City Council on August 6, 1992, via Ordinance 18, 1992, to allow for the construction of a
pool facility. Subsequently, Ordinance 14, 1996, provided for approval of a PUD amendment
that permitted the demolition of the bank and construction of a 7,507 square-foot ancillary
building. The uses permitted in the ancillary building were meeting space, professional office,
and a continental breakfast service for hotel guests. This approval did not provide for a full-
service restaurant.
On October 2,2003, City Councilmember Joseph Russo contacted the City and requested staff to
research the legal conformance of the existing Fresco Restaurant at the Waterford Hotel.
Councilmember Russo indicated he remembered that the Waterford Hotel PUD was not
approved for a restaurant; and therefore, the Fresco Restaurant would need approval from the
City Council. Staff conducted the requested research and found out that the full-service
restaurant was not approved by the City Council nor did the applicant apply and receive and
occupational license from the City. Subsequently, the City’s Code Enforcement Division issued
a Notice of Violation and gave the owner until November 21, 2003, to receive a City
occupational license. Since the restaurant had not been approved by the City Council, staff was
unable to issue an occupational license. Therefore, the restaurant was found in Violation of City
Code Section 78-742(a)(2) at the Special Master’s Hearing on December 1, 2003. At this
hearing, the Special Master granted the applicant 150 days to receive City Council approval for
the restaurant. The applicant was unable to meet this deadline and was granted a time extension
to November 15, 2004, by the Special Master on May 3, 2004. The applicant was also unable to
meet this deadline and was given until April 3, 2005, to receive City Council approval. Finally,
the applicant was granted a final extension to May 20, 2005, on March 3, 2005, by the Special
Master.
The subject petition proposes the inclusion of the restaurant use into the PUD. To satisfy
required parking, the applicant has reduced the number of hotel rooms by 13; converted the
meeting rooms into multi-purpose space; withdrawn the outdoor seating request; and added two
additional parking spaces. The applicant is also providing additional landscaping and various site
improvements.
2
Date Prepared: March 4, 2005
Meeting Date: April 7,2005
Ordinance 13,2005 & Resolution 44,2005
LAND USE & ZONING
The subject site has a hture land-use and Vision map designations of Commercial (C). The
subject site is zoned Planned Unit Development (PUD) Overlay with an underlying zoning of
General Commercial (CG-1).
CONCURRENCY
The subject petition received a traffic equivalency approval from the City and Palm Beach
County for the proposed restaurant.
PROJECT DETAILS
Site Access
The subject site is primarily accessed via US Highway One. A secondary access point exists at
the northeastern portion of the site, adjacent to the Miami Subs fast-food restaurant. The
secondary access point, currently connecting the two sites, is proposed to be eliminated with this
petition. However, the City approved site plan does not reflect this secondary access point.
Parkinx
As required by Section 78-345, 1.1 parking spaces are required per hotel room; and restaurants
shall have one space per 250 square feet plus one space per 150 square feet for each employee.
The total required parking for this site is 103 spaces, and 103 spaces have been provided on-site.
In order to meet the City Code required parking, the applicant is proposing to eliminate 13
existing hotel rooms. These 13 hotel rooms will be converted into suites by adjoining adjacent
rooms together. Therefore, the applicant is proposing 77 total hotel rooms, which requires 85
parking spaces. Furthermore, the applicant is proposing to convert the existing meeting rooms
into a multi-purpose area. The multi-purpose area may be utilized as storage, an exercise room,
or as a gathering space for patrons staying at the hotel. Parking is not required for multi-purpose
rooms, and the parking requirement (23 spaces) for the meeting rooms will be eliminated. The
restaurant requires 18 parking spaces, which the applicant has reflected on the site plan. No
outdoor seating is proposed with this petition.
Landscaping
A landscape plan has been provided consistent with the City Code. The applicant has also
provided additional landscape improvements to further enhance the appearance of the site. Live
Oaks, Crinum Lilys, and Jasmine plantings have been added to the US Highway One buffer to
assist in screening adjacent parking spaces. Additional landscaping has also been provided
around the foundation of the hotel building, which consists of Pygmy Date Palm clusters. At the
northeastern portion of the site, where the secondary access point was removed, several Cat
Palms are also proposed to further screen the site. At the rear of the ancillary building and
adjacent to the pool, several Macarthur Palms are also proposed.
3
Date Prepared: March 4,2005
Meeting Date: April 7, 2005
Ordinance 13,2005 & Resolution 44,2005
Waiver
.5’
10’
14’
Architecture
Discussion
(1) APPROVAL
(2)
APPROVAL
(3) APPROVAL
No architectural improvements are proposed with this petition. The applicant requests to
maintain the existing architecture of the hotel and ancillary building.
Code Section
Section 78-344
Construction and
Maintenance
Section 78-153:
Nonresidential
Zoning District
Regulations
Section 78-153:
Nonresidential
Zoning Districts
Section 78-186:
Yards
Signane
Required
10-foot wide parking
spaces
%-foot front setback
36-foot Building
Height Maximum
15-foot buffer when
a commercial use
abuts residential
The applicant is not proposing any additional signage with this petition, except for the restaurant
name to be approved to be included on the existing monument sign adjacent to US Highway
One. The restaurant name is currently reflected on the monument sign.
Waivers
The applicant is requesting the following four waivers:
I I
Provided
9.5-foot wide
parking spaces
4 1 -foot setback
(Existing Condition)
50-foot high
building
(Existing Condition)
8-foot landscape
buffer at east
property line
(Existing Condition)
1(1 APPROVAL
1) The applicant is requesting a waiver from Section 78-344, to allow for 53, 9.5’wide
parking spaces. Section 78-344 permits a reduced parking space width if 1.5 additional
square feet of open space is provided per square foot of reduced pavement. The additional
open space requirement for the Waterford Hotel PUD is 735 square feet (53 spaces x 9.25
reduced asphalt x 1.5). This additional open space has been identified on the site plan.
Staff has no concerns with this waiver request.
2) The applicant is requesting a waiver from Section 78-153, which requires a minimum
front building setback of 50 feet in the CG-1 Zoning District. This waiver will allow the
existing building to remain 41 feet from the front property line. Staff has no concerns
with this waiver request.
4
Date Prepared: March 4,2005
Meeting Date: April 7, 2005
Ordinance 13,2005 & Resolution 44,2005
The applicant is requesting a waiver from Section 78-153, which requires a 36-foot
maximum building height in the CG-1 Zoning District. This waiver will allow the
existing building height to remain at 50 feet. Staff has no concerns with this waiver
request.
The applicant is requesting a waiver from Section 78-1 86, to allow for a landscape buffer
of eight feet adjacent to the east property line that abuts a residential community (Twelve
Oaks). This waiver will allow the existing landscape buffer to remain at eight feet as
previously approved. Increasing this landscape buffer would eliminate several parking
spaces, which would create a parking shortage. Staff has no concerns with this waiver
request.
PLANNING, ZONING, AND APPEALS BOARD
The Planning, Zoning, and Appeals Board (PZAB) held a workshop for the subject petition on
August 10, 2004. The PZAB directed staff to bring the petition back once the City Engineer had
completed his parking study analysis. The PZAB did not issue any other comments on this
petition at the workshop.
On November 9, 2004, the PZAB reviewed the subject petition at a public hearing. At the time
of the PZAB’s review, the proposed site plan was deficient by 49 parking spaces. To justify this
request, the applicant proposed 25 off-site parking spaces and a parking demand study. Staff did
not support the applicant’s request and recommended denial of the subject petition to PZAB.
The PZAB voted 7-0 to recommend denial of the subject petition and raised the following
comments (Stars responses are in italics):
The amount of deficient parking (49 spaces) the applicant is requesting is astounding,
and it’s unlike any other petition brought before the PZAB for review. The applicant has
revised the site plan to reflect compliance with the parking allotment required by City
Code. To satisfy the required parking, the applicant has eliminated 13 hotels rooms;
converted the meeting rooms into multi-purpose space; withdrawn the outdoor seating
request; and added two additional parking spaces.
The restaurant was never an approved use, and on-site parking was not taken into
account during the design and review of the PUD. The proposed site plan reflects
compliance with the City Code required parking for the restaurant and hotel.
Off-site parking across US Highway 1 is not a remedy to the parking problem because it
is unsafe for employees and the lease may expire at any time. The applicant has
withdrawn this request and has provided all required parking on-site.
Taking into account the hotel and meeting rooms, on-site parking may be deficient even
without the restaurant. The applicant has eliminated the meeting rooms and has justzjied
this PUD amendment request by providing all City Code required parking on-site.
Date Prepared: March 4,2005
Meeting Date: April 7, 2005
Ordinance 13,2005 & Resolution 44,2005
COMMENTS FROM THE PUBLIC
Four residents of the Twelve Oaks residential community raised the following concerns during
the PZAB public hearing (stafs responses are in italics):
The Twelve Oaks Board of Directors supported the Waterford Hotel PUD during the
approval process on the basis that a restaurant would not be proposed on the subject site.
It’s stafs professional opinion that the inclusion of the restaurant into the PUD is
justified based on the proposed modifications to the site plan.
The Twelve Oaks Board of Directors recently voted to recommend denial of the
proposed restaurant to the City of Palm Beach Gardens. Since that time, the applicant
has modified the site plan to meet the City Code requiredparking, and eliminated the
outdoor seating request.
The current outdoor seating operation generates high volumes of noise. Particularly, the
noise from Sunday brunches and bands playing late at night are unbearable. Staffhas
included a condition of approval in Resolution 44, 2005, which prohibits outdoor
seating for the restaurant and all outdoor musical entertainment.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Ordinance 13, 2005 and Resolution 44, 2005 with the
waivers and conditions provided therein.
6
TABLE 1
G AND LAND USE
ZONING
Date Prepared: March 4,2005
Meeting Date: April 7, 2005
Ordinance 13,2005 & Resolution 44,2005
Planned Unit Development
General Commercial (PUD)
(CG-1)
General Com me rcial
(CG-1)
Professional Office
(PO)
Planned Unit Development
General Commercial (PUD)
(CG-1)
Residential - Palm Beach
County
>ESIGNAT.IONS
LAND USE
Commercial
Commercial
Professional Office
Commercial
Residential (Twelve Oaks)
- Palm Beach County
7
Date Prepared: March 4,2005
Meeting Date: April 7, 2005
Ordinance 13,2005 & Resolution 44,2005
TABLE 2
CONSISTENCY WITH THE CC
Code Requirement Proposed Plan
Site =
100 feet:
Minimum Site Width 560 feet
Maximum Building Lot
Coverage: 35%
17%
Maximum Building Height: 50 feet
36 feet
Setbacks:
Front: 50 feet
Side: 15feet
Rear: 15 feet
Parking Required:
103 spaces
Front: 41 ’
Side: 58’
Rear: 54’
103 spaces
DE
Consistent?
Yes
Yes
No, Waiver
Requested
No, Waiver
Requested for Front
Setback
Yes
8
Date Prepared: March 4, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
ORDINANCE 13,2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING ORDINANCE 53, 1988,
ORDINANCE 18, 1992, AND ORDINANCE 14, 1996 RELATING TO
THE ZONING FOR THE WATERFORD HOTEL PLANNED UNIT
DEVELOPMENT (PUD) TO TRANSFER THE SITE PLAN
APPROVAL AND RELATED CONDITIONS TO RESOLUTION 44,
2005; 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, 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
WHEREAS, the Growth Management Department has reviewed said application,
and has determined that it is more appropriate that the site plan approval and the
conditions related thereto be transferred to Resolution 44, 2005 of the City Council; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, 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.
Date Prepared: March 4,2005
Ordinance 13. 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
SECTION 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 designated
A Planned Unit Development (PUD) Overlay with an underlyinq zoning of General
Commercial (CG-1):
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 I), 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:
BEGINNING.
2
Date Prepared: March 4,2005
Ordinance 13,2005
(The remainder of this page left intentionally blank)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
SECTION 3. 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 andlor conditions of
approval shall be accomplished by Resolution of the City Council.
SECTION 4. This Ordinance shall become effective immediately upon adoption.
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45 46
PASSED this of 1 2005, upon
Date Prepared: March 4, 2005
Ordinance 13. 2005
first reading.
PASSED AND ADOPTED this day of ,2005, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDINANCES\waterford hotel - ord 13 2005.doc
4
FOR AGAINST ABSENT
Date Prepared: March 4, 2005
Ordinance 13, 2005
first reading.
/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
RESOLUTION 44,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
THE WATERFORD HOTEL PLANNED UNIT DEVELOPMENT
(PUD), WHICH IS LOCATED APPROXIMATELY l/lOTH OF A MILE
SOUTH FROM PGA BOULEVARD ON THE EAST SIDE OF US
HIGHWAY ONE, TO 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 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
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and is consistent with the City’s Land Development
Regulations, and has recommended approval; and
WHEREAS, by adoption of Ordinance 13, 2005, the City Council determined that
the site plan approvals 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
Date Prepared: March 4, 2005
Date Prepared: March 4,2005
Resolution 44,2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
WHEREAS, 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 affirmed 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:
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. I), 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, THENCE, SOUTH 16O51'25" 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 86O52'35" 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.
2
Date Prepared: March 4,2005
Resolution 44.2005
1
2
3
4
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
Section 78-344, Construction and Maintenance, to allow for 53, 9.5-foot
approves the following four waivers:
1.
5
6
7
8
9
10
11
12
13
14
15
16
17
18 successors, or assigns:
19
20
21
1
wide parking spaces.
Section 78-1 53, Nonresidential Zoning District Regulations, to allow for a
41-foot front building setback.
Section 78-1 53, Nonresidential Zoning District Regulations, to allow for a
building height of 50 feet.
Section 78-1 53, Nonresidential Zoning District Regulations, to allow for an
eight-foot wide landscape buffer adjacent to residential.
2.
3.
4.
SECTION 4. Said Planned Unit Development is approved subject to the
following amended conditions, which shall be the responsibility of the applicant, its
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
3
Date Prepared: March 4,2005
Resolution 44,2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
2.
&
'1
E.
7. tn
8.
4
Date Prepared: March 4,2005
Resolution 44.2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
e.
in
1. All mechanical louvers shall be painted to match the surroundinq wall.
/Planninq & Zoninq)
2. Musical entertainment, includinq bands and instruments, shall be
prohibited in all outside areas on site. (Planninq & Zoninq, Code
Enforcement)
3. Outdoor seatinq for the restaurant shall be prohibited and the existing
outdoor seating operation shall cease immediatelv upon the adoption of
this Resolution. (Planning & Zoning, Code Enforcement)
4. The applicant shall reduce the number of hotel rooms to 77 within nine
months from the effective date of this Resolution. (Planninq & Zoninq)
5. Each hotel suite shall contain no more than one entrance/exit from the
common hotel corridor. (Planninq & Zoning)
6. Within 45 davs from the effective date of this Resolution, the applicant
shall convert the existing meeting room area to a multi-purpose space to
be utilized for hotel quests. This multi-purpose space shall be limited to
lobbv space, storage. an exercise area, or to address the needs of guests
stayinq at the hotel. No outside meetings, such as banquets or receptions,
shall be permitted on site. (Planning & Zoning, Code Enforcement).
7. The parkinq area below the ancillarv building shall be 100% clear of all
hotel and restaurant storaqe, including the walled-in area located in the
rear of the underqround parking area, immediatelv following the adoption
of this Resolution. The walled-in storage area shall be converted into two
parkinq spaces immediatelv followinq the adoption of this Resolution.
[Planninq & Zoning, Code Enforcement)
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 Department:
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
1.
2.
3.
4.
5.
6.
7.
8.
9.
IO.
Date Prepared: March 4,2005
Resolution 44,2005
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, +HX&&&&
Master Site Plan prepared by Cotleur Hearing and gbs&h architects, dated
March 17, 1992, consisting of one (1) sheet.
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.
Floor Plan of the Pool Building, updated and prepared by gbs&h architects,
date stamped April 21, 1992, consisting of one (1) sheet.
November 13, 1996, Site Plan by Cotleur Hearing, Sheet I of 2.
November 13, 1996, Landscape Plan by Cotleur Hearing, Sheet 2 of 2.
November 11, 1996, Front Elevation by J.A.O. Architects and Planners,
Sheet A-I.
November 8, 1996, Right, Left and Rear Elevations by J.A.O. Architects and
Planners, Sheet A-2.
November 11, 1996, Parking Level Plan 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.
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 bv Urban Design Studio, dated March 8,
2005, Sheet 1 of 5.
6
Date Prepared: March 4,2005
Resolution 44,2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
, 45
46 47
16. Waterford Hotel Landscape Plans bv Urban Design Studio, dated October
15, 2004, Sheets 2 throuah 5.
SECTION 6. All 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 applicant’s agents at any workshop or public hearing.
SECTION 8. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of ,2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBERLEVY ---
COUNCILMEMBERVALECHE ---
COUNCILMEMBER BARNETT ---
G:\attorney-share\RESOLUTIONS\waterford hotel - reso 44 2005.doc
7
"PWN:
Waterford Hotel
Palm Beach Gardens, Florida
Site Plan
0 e
0 0
Waterford Hotel
Palm Beach Gardens, Florida
Landscape Improvement Plan
? 9 P
I Waterford Hotel
Palm Beach Gardens, Florida I Seacoast/ Plant Details
I Waterford Hotel
Palm Beach Gardens, Florida I Planting Plan Details
t E 9
a
3 - 4
P
o a
a
::
P
0 ; 4 0
E
P
n
-I
2 ln
5
c
m
0
D
D 5
rn
E
a
r;
e a t
-I
5
0
B
a i
-
I Waterford Hotel
Palm Beach Gardens, Florida I Landscape Secifications Plan
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
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
TWO-STORY 7,507 SQUARE-FOOT ANCILLARY BUILDING;
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 IM Planned Unit 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. November 13, 1996 Site Plan by Cotleur Hearing. Sheet 1 of 2.
2. November 13, 1996 Landscape Plan by Cotleur Hearing. Sheet 2 of 2.
3. November 11, 1996 Front Elevation by J.A.O. Architects and Planners. Sheet A-1.
4. November 8, 1996 Right, Left and Rear Elevations by J.A.O. Architects and Planners.
Sheet A-2.
5. November 11,1996 Parking Level Plan by J.A.O. Architects and Planners. Sheet A-3.
6. November 11, 1996 First Floor Plan by J.A.O. Architects and Planners. Sheet A-4.
7. August 8, 1996 Roof Plan by J.A.O. Architects and Planners. Sheet A-5.
8. August 8, 1996 Roof Plan by J.A.O. Architects and Planners. Sheet A-6.
9. November 11, 1996 Building Sections by J.A.O. Architects and Planners. Sheet A-7.
10. Undated Lobby Renovation by J.A.O. Architects and Planners. 1 Sheet.
ORDINANCE 14, 1996
Page 2
11. March 14, 1996 Existing Building Elevations by J.A.O. Architects and Planners.
12. November 14, 1996 Conceptual Paving and Drainage Plan by Michael B. Schorah &
Sheet A-8.
Associates. Inc. 1 Sheet.
SECTION 3. The amendment is approved subject to the following conditions:
1.
2.
3.
A Boundary Plat shall be prepared, approved by City Council, and recorded prior
to the issuance of the first building permit.
All mechanical louvers shall be painted to match the surrounding wall.
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.
The existing vacant one-story building on the site shall be demolished and removed
within 90 days from approval hereof.
4.
SECTION 4. All Ordinances or parts of Ordinances in conflict are hereby repealed.
SECTION 5. This Ordinance shall be effective upon passage. 4 PLACED ON FIRST READING THIS /g DAY OF JULY 1996.
PLACED PASfffPyb 0 EC D ADING THISaL%AY AY OF OF NOVEMBER 1996.
PH R. RUSSO &K@CILMEMBER LINDA MONROE
f
MA
VICE MAYOR LAUREN FURTADO CWCILMEMBER EWC JAMN
COUNCILMEMBER DAVID CLARK
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
BY; “7%:,7k 2,
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY
!- ’ / CI?Y ATTORNEY
VOTE: ByE NAY ABSENT
MAYOR RUSSO
COUNCILWOMAN MONROE e
COUNCILMAN JABLIN
COUNCILMAN CLARK
Y ---
VICE MAY OR FURTADO ---
c --
f/ ---
CITY OF PALM BEACH GARDENS
loso0 N. MILITARY TRAIL PALM SEACH GARDENS, FLORlDA 33410-4698
December 6,1996
Mr. Donaldson E. Hearing
Cotleur Hearing
1970 E. Indimtown Road, Suite 402
Jupiter, Florida 33477
Dear h4r. Hearing:
Enclosed is a copy of ordinance 14,1996, amending the Comfort Inn PUD to construct a two-story
7,507 squaff-foot ancillary building.
Ordinance 14,1996 was approved at the City Council Regular Meeting on November 2 1,1996.
Sincerely,
d;dyWbtLV
Cindy Harvey
Deputy City Clerk
Enclosure: As Stated
.
THE PALM BEACH POST
Published Daily and Sunday West Palm Beach, Palm Beach County. Florida
PROOF OF PUBLICATION
STATE OF FLOFUDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Chris Bull
who on oath says that she/he 1s 'lass of The Palm Beach Post.
a daily and Sunday newspaper published at West Palm Beach rn Palm Beach County,
MGr
Flonda: that the attached copy of advertisin beln a Notice
in the matter of ~~ ~~~-
Ord. lt, 1g96
in the Court, was published in said newspaper in
the issues of July 31, 1996
Affiant further says that the said The Post IS a newspaper publlshed at West Palm Beach.
In sald Palm Beach County. Florida. and thar the said newspaper has heretofore been
continuously published in said Palm Beach County. Flonda. daily and Sunday and has been
entered as second class .nail matter at the post office in West Palm Beach. in said Palm Beach
County. Flonda. for a pmod of one year next preceding the first publication of the attached
copy of advertisement: and affiant further says that she/he has neither paid nor promised
any person, firm or corporation any discount. rebate. commission or refund for the purpose
of secunng this advertisement for publication in the said newspaper.
Personally known or Produced Identification -~ ~
Type of Identification Produced
.
July 14 1992
U August 6, 1992
ORDINANCE 18, 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 BY
CREATING A SWIMMING POOL BUILDING IN
ACCORDANCE WITH PLANS AND SPECIFICATIONS
CONTAINED HEREIN; AND, PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. Ordinance 53, 1988, which created GARDEN SUITES
HOTEL, now known as ItCOMFORT INN", a Planned Unit Development and
as subsequently amended is hereby further amended in accordance
with the following plans and specifications:
1. Master Site Plan prepared by Cotleur Hearing and
gbshh architects, dated March 17, 1992, consisting
of one (1) sheet.
2. North, West and East Elevations of the Pool
Building, undated and prepared by qbs&h
architects, consisting of one (1) page.
3. Floor Plan of the Pool Building, undated and
prepared by gbshh architects, consisting of one
(1) sheet.
Section 2. The meeting facility shall be limited to hotel
guests or in conjunction with hotel activities.
Section 3. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
action e This Ordinance shall be effective upon date of
passage.
i
ATTEST:
fxl~t v*/& EIgdA V. KOSIER, CITY CLERK
AYE - VOTE :
J MAYOR MARTIN0 - VICE MAYOR RUSSO COUNCILWOMAN MONROE 5 COUNCILMAN KISELEWSKI J
'COON LWOMA 1- couNc=LY
COUNCILMAN
I
C!TY OF PALM BEACR GARDENS
lOM0 N. MILITARY TRAIL - PALM BEACH GARDENS, FLORIDA 3341M58
August 7, 1992
Mr. Don Hearing
gb&h architects
1070 E. Indiantown Road
Jupiter, F1 33458
Dear Mr. Hearing:
Enclosed please find a copy of Ordinance 18, 19-2, amending Ordinance 53, 1988,
which created the Gardens Suites Hotel, now known as Comfort Inn, a PUD, by creating a swimming pool building in accordance with plans and specifications contained therein.
Ordinance 18, 1992 was unanimously approved by the City Council at their Regular
Meeting of August 6, 1992.
Sincerely, 0 . ,. /G.-&// I L-4 b
( Exa M. Rief
Deputy City Clerk
Enclosure: As Stated
c
J ir
ORDINANCE 53, 1988
AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS,
FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT
ON CERTAIN LANDS LOCATED WITHIN THE CITY TO
BE KNOWN AS "GARDENS SUITES HOTEL" WITH USES
THEREOF AS DESIGNATED ON THE ATTACHED MASTER
SITE PLAN, SAID LANDS BEING DESCRIBED IN
EXHIBIT "All ATTACHED HERETO AND MADE A PART
HEREOF; PROVIDING FOR PAYMENT BY THE DEVELOPER
MENT FUND ACCOUNT AND ROAD IMPROVEMENT FUND OF
THE CITY AND METHOD OF PAYMENT; REQUIRING
THAT THE LANDS DESCRIBED IN EXHIBIT "A" SHALL
BE DEVELOPED IN ACCORDANCE WITH THE MASTER SITE
SISTING OF NINE (9) SHEETS AND PREPARED BY
GBS I H INC., DATED DECEMBER 13, 1988, AND
AND ATTACHED HERETO AS EXHIBIT "E" ; PROVIDING
THAT PRIOR TO THE ISSUANCE OF THE FIRST BUILDING
PERMIT THAT DEVELOPER POST EITHER A PERFORMANCE
BOND, LETTER OF CREDIT OR ESCROW AGREEMENT TO
DRAINAGE, AND UTILITY IMPROVEMENTS; PROVIDING
FOR A METHOD OF APPROVAL OF SIGNAGE; PROVIDING
FOR UNITY OF TITLE; PROVIDING FOR METHOD OF
AMENDMENT; PROVIDING THAT ANY ORDINANCE IN
CONFLICT BE AND THE SAME IS HEREBY REPEALED;
AND, FURTHER, PROVIDING FOR AN EFFECTIVE DATE
HEREOF.
THEREOF TO THE RECREATION BUILDING AND DEVELOP-
PLAN, LANDSCAPING PLAN AN0 ELEVATION PLAN CON-
REVISED ON 2/9/89, MARKED JOB NO. 88-1002,
GUARANTEE ALL ON-SITE ROAD IMPROVEMENTS,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
Sectlon 1. A Planned Unit Development be and the same is
hereby created upon the lands known as "GARDENS SUITES HOTEL" located
within the City of Palm Beach Gardens, Florida, and more particularly
described in Exhibtt "A" attached hereto and made a part hereof. the
penltted usage shall be and the same is hereby designated as set
forth In the Master Slte Plan attached hereto and marked Exhibit "6".
In the event the sale of alcohollc beverages may arlse tn
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 Intervention of the Planning and Zoning
Comnlssion shall not be required nor shall the requirement that publi-
cation in a newspaper of general circulation be required for such
hearing. A variance to the distance requirements to the City
.
r '.
3
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 of February 9, 1989, marked Job No. 88-1002, and
attached hereto as Exhibit IIB". "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
Exhlbit "B-1".
Section 3. The Petitloner shall pay to the City of Palm
Beach Gardens, Florida, impact fees as hereinafter designated,
together with amounts of monies and tlme of payments:
(a) The total sum of EIGHT THOUSAND ($B,OOO.OO)
DOLLARS shall be paid to the Recreation Building 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. Prlor 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 collection by the City of road
impact fees imposed by the County for improvements made in munici-
palities and the same shall be in effect prior to the issuance of a
Building Pefmit, then the road impact fees imposed above by the
City shall be applied as a credit on account of the County fees except
-2-
e
i
as the project shall impact City local streets, such impact to be
determined in accordance with the requirements of the City's Ordinance
pertaining thereto, Debits and credits shall be applied by the City
in the determination of such fees due to the City.
Section 4. No Building Permlt shall be issued until the
drainage and paving plans for development of the Planned Unit
Development shall be approved by the City Engineer and all other
building requirements of the Palm Beach Gardens Code and requirements
of other governmental agencies shall 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 facility
use until May 1, 1991. Within sixty (60) days upon termination of
said 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 with the Palm Beach Gardens Code.
Further, upon termination of use as a bank, the drive-in
facility portion of the said structure shall be removed prior to the
following uses of the structure which shall 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 facilities.
The elevations of the bank building shall be modified in
accordance with the plan and drive-in facility removed no later than
three (3) years from effective date, or 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
-3-
i
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 4. All phases of development in the newly
created Planned Unit Development 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 2. 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 herewith 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.
' l/i DAY OF ,xA ?,,,> ),, 1989. OF ,hdt; ,,,,,,, ' , 19~9. /
cou~c ILWO~
,/ .. .'.\ , . CI
- ' -c
" ~- <-
I , .,'
I' ,,',C ,. I'
V IC E - MAY OR COUNCILMAN
ATTEST :
.
EXHlBI r "A "
ALL THAT PORTION OF GOVERNMENT LOT 7, SECTION 4, TOWNSHIP 42 SOUTH, RANGE 43,
ROAD NO. 5 (U.S. HIGHWAY NO. I), 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 DESCRI BED AS FOLLOWS :
COMMENCING AT THE INTERSECTION OF THE NORTH CINE OF SAID GOVERNMENT LOT 7 AND
THE EASTERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD NO. 5; THENCE, SOUTH
16'51'25'' WEST, ALONG THE SAID RIGHT-OF-WAY LINE, 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 MEASURE0 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; THEN, 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.
PALM BEACH COUNTY, FLORIDA, LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF STATE
SAID PARCEL CONTAINING 1.85 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS, RESERVATIONS, AN0 RIGHTS OF WAY OF RECORD.
THE PROPERTY DESCRIPTION SHOWN HEREON IS AS FURNISHED, AND SAID LANDS HAVE NOT
BEEN ABSTRACTEO FOR RIGHTS OF WAY AND/OR EASEMENTS OF RECORD. ANY
REPRODUCTIONS OF THIS SKETCH OF SURVEY ARE NOT VALID UNLESS SEALED WITH THE
EMBOSSEO SEAL OF THE CERTIFYING SURVEYOR.
Y
November 9, 1988
--
Ralph D. NcKee. Jr.
1660 Twelve Oaks Way 4305
North Palm Beach, FL 33408
Planning and Zoning Commission
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Subject: The Gardens Suites Hotel
Gentlemen:
flr. Fred C. Cohen the attorney for the above referenced project presented preliminary
plans of the proposed hotel to the Twelve Oaks Board of Directors.
directors present, I have forned sow opinions and I have sone requests that should be
addressed prior to permitting the praject. Please note, however, that this is not an
official position paper of the Twelve Oaks Board, but my personal opinions and requests.
Since the proposed stucco and block wall will be built on the property line the majority
of my comments concern that subject.
1. Sone provision must be made [temporary fence71 to aaintain the security of Twelve
Oaks If our fence Is breached as it surely must be.
As one of the
2. Since the site work and other construction will by definition be dusty and noisy, I
propose that the stucco wall be erected (and finished on t e Twelve Oaks side1 at the
onset of construction and completed as quickly as possible ict as a buffer from the
construction.
B
3. Since the existing chain link fence on the property line will become superfluous
with the addition of a block wall, and since it will certainly be damaged or destroyed
during the construction of the wall, I propose that the developer remove and dispose of
the existing chain link fence. Due care must be take to properly finish off the two
ends where the old chain link meets the new block wall.
4. Also since the existing ficus hedge along the property line will certainly be
damaged or destroyed, I further propose that the developer be required to remove the old
hedge and replace it with a new ficus hedge immediately upon completion and painting of
the new block wall.
5.
6.
issuance of the final permit. We do not want an unduly high wall, as now exists at The
Towers, but we do not want the wall to be easily climbed up from either side. The
grading of the site could greatly effect the wall height as seen from Twelve Oaks.
7. Parking lot lighting should be below the top of the wall so that we will be as
unaffected as possible.
Your consideration of there comments and request will be greatly appreciated.
Any damage to the sprinkler system or grass should be replaced or repaired.
The final height of the new block wall should be reviewed by our BOD prior to
I
Ralph D. McKed, Jr.
8
urban
March 3, 2005
Mr. Brad Wiseman
Senior Planner
Growth Management Department
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
d=i!!!?n stu 10
Urban Design
Urban Planning
Land Planning
Landscape Architecture
RE: REVISED WATERFORD HOTEL PUD AMENDMENT APPLICATION TO
REDUCE NUMBER OF HOTEL ROOMS
PBG PETITION: #PUD-04-10
UDS REF.:# 03-033.00
Dear Brad:
As we discussed yesterday, we are revising the pending Waterford Hotel Planned Unit
Development amendment application to reduce the site parking impact to the 103 parking spaces
provided on the site. As requested, there will be no need for any off-site parking on the site.
The applicant has amended the application to reduce the number of hotel rooms from the existing
90 rooms (and one room less than the iast request) to 77 rooms. In addition, the existing and
previously-proposed 733 square-foot outdoor seating area has been eliminated fiom the request.
The restaurant area has been also reduced - to 1,7 10 square feet of indoor space located
exclusively on the amenity building’s ground floor. The former meeting room area is proposed
to be converted to accessory multi-purpose space for the use of hotel guests. This space can be
used for lobby space, storage, exercise rooms or area to address hotel guest needs. No outside
meetings, banquets or receptions will be held on the site.
This reduction of uses on the site has created a parking demand, pursuant to the City’s Code of
Ordinances, to 103 parking spaces. The applicant is proposing 103 parking spaces on the site,
thus, meeting city regulations. In addition, this reduction of uses eliminates a previously-
requested waiver from the application. Also, the previously-proposed off-si te leased parking has
been also eliminated.
We believes this addresses the outstanding concerns regarding the parking for this existing site
and we request staffs support of this request. For your review are the following items:
Updated Site Plan reflecting the reduced number of rooms, the reduction of the restaurant
area, the conversion of the meeting room and updated parking
requirement of 103 spaces.
Updated Project Narrative to reflect above changes.
Updated Development Application to reflect above changd. 477 S. Rosemary Avenue
Suite 225 - The Lofts at City Place
West Palm Beach, FL 33401
561.366.1 100
www. U D Son I i n e. corn
cIzuoFP,G &A 5
pLslviylNG 561.366.1 11 I fax
az*NING LCC35 Dmlo&
Thank you for your considerable efforts in resolving this unique situation. Should you have any
questions, please feel free to contact me.
Sincerely,
Urban Design Studio
Marty R.A. Minor, AICP
Project PI anner
c: Stephen Lovas
Michael Gulotty
WATERFORD HOTEL
SUGGESTED CONDITIONS OF APPROVAL
1. The applicant shall reduce the number of hotel rooms to 77 rooms within 9 months of the
date of adoption of this development order.
2. The applicant shall eliminate the outdoor restaurant area, reduce the area of the restaurant
to a maximum of 1,710 square feet and convert the meeting room area to an accessory
multi-purpose space for the use of hotel guests within 45 days of the adoption of this
development order. The accessory multi-purpose space may be used for lobby space,
storage, gathering areas, exercise rooms or areas to address hotel guest needs. No
outside meetings, banquets or receptions shall be held on the site without the provision of
additional parking.
urban
Project Narrative
Waterford Hotel
PUD Amendment
March 3,2005
Request:
Urban Design
Urban Planning
Land Planning
Landscape Architecture
The petitioner is requesting an amendment to the Waterford Hotel PUD
(f.k.a. Comfort Suites PUD) to allow for a 1,710 s.f. restaurant. This
request will allow the continuation of a portion of the existing Fresco’s
restaurant. Restaurants are a permitted use within the CG-I zoning district, which is the underlying
zoning district for the Waterford Hotel PUD. The subject property is located within the City of Palm
Beach Gardens, on the east side of U. S. Highway #1 , approximately one tenth mile south of PGA
Boulevard and U. S. Highway #1 intersection. The site is comprised ofapproximately 1.85 acres and
is developed with two buildings.
The PUD is bounded on the north by a Miami Subs restaurant zoned CG-1, General Commercial
District; to the east by Twelve Oaks Condos, located in the Village of North Palm Beach zoned
Single Family High Density Residential; to the south by a multi-storied office building and parking
garage zoned PUD-PO, Professional Office; and to the west by U.S. Highway One. The site
currently maintains a zoning designation of CG-I /PUD, General Commercial (Planned Unit
Development). The Land Use designation for the property is C-Commercial.
As the result ofworking with City staffwith regards to parking on the site; the applicant has rediiced
the total number of hotel rooms fi-om 90 to 77 and the restaurant area to 1,710 square feet. The
previously-requested outdoor seating area has been eliminated from the request. In addition, the
previous parking space waiver and proposed off-site employee parking area has also been removed
fiom the application.
With this request, the forme: meeting rcom area is proposed to tic coiiverted to accessory multi-
purpose space for the use of hotel guests. This space can be used for lobby space, storage, exercise
rooms or area to address hotel guest needs. No outside meetings, banquets or receptions will be
held on the site.
His tory:
The Master plan for the Comfort Suites PUD was originally approved in 1988. The property
included a platted area of 1.85 acres, divided up into two uses. The first use has since been approved
for a four-story hotel facility with a total of 90 rooms. This facility exists at present as the Waterford
Suites, which is now owned and operated by Savol of Florida, Inc.
List of Approvals:
Ordinance 53, 1988 - the original approval for the PUD on February 16,
C.Uobs\Waterford Hotel\Application Inlo\projecl narrativeREV 030305.wpd
LCC35
477 S. Rosemary Avenue
Suite 225 - The Lofts at City Place
West Palm Beach, FL 33401
561.366.1 100
www.UDSonline.com
LCC35
561.366.1 11 1 fax
Waterford Hotel
March 3,2005
Page 2
1988
Resolution 22, 1991 - amended the PUD for additional signage, approved on February 21, 1991
Resolution 78A, 1991 - Time extension for 5 years for the southern curb cut together with the drive
thru lane.
Ordinance 18,1992 - Amend the PUD to add a swimming pool and building, approved on August
6, 1992
Resolution 91, 1992 - Time extension to complete modification to elevation of former bank,
approved on October 15, 1992
Resolution 137, 1993 - Time extension to complete modification to elevation of former bank,
approved on November 18, 1993.
Ordinance 14, 1996 - to construct a 2-story 7,507 s.f. ancillary building and demolish the I880 s.f.
bank. The staff report for this approval referenced a condition of approval being considered by the
Planning and Zoning Commission to prohibit retail and a restaurant at this location. At the time of
final approval of Ordinance 14, 1996, there was no condition which prohibited a restaurant. This
lack of a prohibition of a permitted use caused some confusion on whether a restaurant was allowed
on the subject site.
SlTE ANALYSIS:
Waterford Hotel PUD
~ 1 Comparison I Proposed
to CG-1 district
regulations
(Section 78-153)
Maximum HeiEht Limir 3 6' 50'14 stories
Minimum Site Area I 1 acre I 1.85 acres
Maximum Lot Coverage 35% 17%
Setbacks
Fronl 50' 40'
Side Facing Street 4 0' NIA
Side 15' 15'
Consistent
No, Requesting Waiver
Yes
Yes
No, Requesting Waiver
NIA
Yes
G.Uobs\WaterTord HotelMpplication Info\project narrativeREV.030305.wpd
LCC35
Waterford Hotel
March 3,2005
Page 3
Rear
Parking
Number
Parking Space Size
Parking Spaces in a Row
~
SITE ANALYSIS:
Waterford Hotel PUD
IS’ 15’ Yes
103 103 Yes
10’ x 18.5’ 50- 1O’x 18.5’spaces No, Requesting Waiver
53- 9.5’ x 18.5’ spaces
9 9 Yes
1 I
Comparison Proposed Consistent
to CG-I district
regulations
(Section 78-153)
This request to amend the PUD to allow a Permitted Use for a restaurant will clear up any conhsion
that might exist with regard to the use. The restaurant has been in existence for approximately 5
years now and has received licenses fi-om State of Florida Department of Business Regulations,
Occupational License from Palm Beach County for the hotel and the restaurant, and a Occupational
License for the hotel and building permits for the restaurant facilities and hotel from the City of
Pairii Beach Gardens.
The owner was unaware that the restaurant had not been legally permitted until he received notice
fiom the Code Enforcement Board stating that the restaurant was an unapproved use. The owner
went before the Code Enforcement Board on December 1,2003 and is being required to amend the
PUD.
With the hotel and restaurant jointly existing on the subject property, this request is consistent with
the principles of the regional “Eastward Ho” policy to encourage business development east of
Interstate 95. These uses together also provide for a more traditional type of full-service hotel with
restaurant, swimming pool and meeting rooms.
Although the site will meet code parking requirements, we believe that the actual parking demand
will be far less. Previously submitted was a Parking Observation Study of the hotel site. This study
has been conducted during season when the parking demand is the highest. This study indicates the
actual use of parking over an extended period of time. The study indicates that 91 parking spaces are
needed. As stated earlier, 103 parking spaces are provided on site. Also, the number of rooms and
restaurant area is requested to be reduced fiom the area studied, so the estimated demand would be
even less.
(; Uobs\Walerford llotel\Applicalion Info\project narrativeREV.030305 wpd
LCC35
Waterford Hotel
March 3,2005
Page 4
With this request for a PUD amendment to allow the restaurant, the overall site has been brought up
to code. The landscaping has been upgraded to meet and exceed current code requirements. On the
east property line landscape buffer we have asked for a waiver to allow the existing buffer to remain
at 8’. Some of the Live Oaks in the front of the site have been replaced. Additionally, landscaping
has been added on the east side of the swimming pool area for aesthetics. The access aisle that
connects the Miami Subs to the north will be removed and large hedge has been added.
We have included in this application several letters from satisfied customers of both the hotel and
Fresco’s Restaurant. The general consensus fi-om all the letters is that their experience at the hotel
and restaurant was a memorable one and that they would continue to patronize The Waterford and
Fresco’s. Attached is a review ofthe restaurant by the Palm Beach Post from December 3,2003. The
review indicates that the food and service made for an enjoyable experience. A copy of the menu and
also an advertisement fi-om a magazine are attached. Fresco’s is a quality restaurant and a valued
member of the City’s business community.
G:Uobs\Waterford HotelMpplication Info\project narrariveREV.030305.wpd
LC(‘3S
urban
WAIVER REQUESTS AND
JUSTIFICATION STATEMENTS
Waterford Hotel
PUD Amendment
March 3,2005
Urban Design
Urban Planning
Land Planning
Landscape Architecture
The waivers that are being requested are to clear up any confusion on the
overall site plan. The buildings on the property are existing and were
approved with these deviations from the underlying CG-1 zoning
designation. We havemodified the parking area and landscaping to meet or exceed the code. In some
cases such as the parking space width and parking spaces in a row, we are asking for a waiver so that
we can upgrade the overall property. With regard to the front setback and building height waiver,
as stated above, the buildings are existing.
For your review and information are the waiver requests and justification statements for the
submitted site plan with the reflected code references:
1. Minimum Parking - Dimensions - Section 78-344 (1)(1)
We are proposing to reduce the width of the required parking space from 10 feet to 9.5 feet
for 45 spaces within the site, plus 8 additional existing, approved, 9.5 foot wide parking
spaces. There will be a total of 53 reduced parking spaces or 51% of the total site. The
request is made to allow for greater green space and landscape areas. The site is designed to
create a greater sense of place and maximizing green space is consistent with that goal as
well as the code requirement.
According to City Code, requests for reduction of parking space dimensions must comply
with the following standards: . Additional open space, at a ratio of 1.5 square feet for each square foot of paved
parking area that is reduced through the use of smaller parking spaces shall be
provided. The additional pervious open space shall be provided as additional
landscaping, pedestrian amenities, or vegetative preserve areas, and shall be
calculated and identified on the project site plan.
subsection shall be installed within the paved portions of the parking area.
0 The additional open space and landscaping or related amenities required in this
The following are the calculations indicating additional open space area provided on site
through the reduction of the new on-grade spaces.
53 total reduced parking spaces x 9.25 square feet (reduction of paved area per parking
space) = 490.25 square feet
G.Uobs\Waterlord liotel\Application Info\project narrat1veREV.030305.wpd
L('C35
477 S. Rosemary Avenue
Suite 225 - The Lofts at City Place
West Palm Beach, FL 33401
561.366.1 100
www.UDSonline.com
LCC35
561.366.1 11 1 fax
Waiver List
Waterford Hotel
December 23,2004
490.25 square feet oftotal reduced paved area x I .5 code required ratio = 735.375 square feet
or 0.01 6 acres of required additional open space.
The project site plan incorporates the 0.016 acres of required additional open space by
providing 0.55 acres of total open space (30%) within the site. Code requires 15% open
space for the non-residential projects in the City or 0.277 acres. The site has 0.273 acres of
additional open space and pedestrian amenities than what is required by Code. The
additional 0.016 acres of open space required for the reduction of the parking space
dimension is located in the revised parking lot locations. We believe it is beneficial for the
City and for this project to have this additional open space within the site.
2. Minimum Setback Dimensions - Section 78-153 - l'abie 12: Property Development
Regulations
We are requesting a waiver to allow an existing building to be 40' from the front property
line. The required front setback in a CG-1 zoning district is 50'. In 1988 when the hotel was
approved the building was built 40' from the front property line. This waiver request is to
clear up any conhsion on the setback issues for the existing building. Having the existing
building closer to the U.S. 1 right-of-way is consistent with the U.S.1 Comdor Study, which
encourages building being placed in proximity of the roadway.
3. Maximum Suiiaing Height - - Section 78-i53 - iabie 12: Property Development
Regulations
We are requesting a waiver to allow an existing building to exceed the maximum building
height. The existing hotel building is 4-stories and 50'. In 1988 when the hotel was
approved the building was built at 50' and permitted at that height. This waiver request is to
clear up any confusion on the building height issue for the existing building.
4. Minimum Landscape Buffer abutting - residential Section 78-186 (I 0)
We are requesting a waiver to allow an existing landscape buffer of 8'. Subsequent to the
current code, the landscape buffer requirement was 8'. In the current code, Section 78-
186.( IO) states that buffer areas for commercial developments that abut residential shall have
a minimum of a 15' buffer. This waiver request is to clear up any confusion on the landscape
buffer requirement. Please note additional landscaping has been added to this eastern buffer
to increase the effectiveness of the screening.
5. Waiver from Section 78-80(a)(7)d, Required application materials.
We are requesting a waiver from a portion of Subsection d, which requires existing contours
G:Uobs\Waterford Hotel\Application Inro\project narrativeREV.03030S.wpd
LCC3S
Waiver List
Waterford Hotel
December 23,2004
to extend 100 feet beyond the parcel boundanes. A boundary and topographic survey was
submitted to the City. This survey did not include topographic information in all, but some,
of the 100 foot area around the subject site. We feel that since the existing use of a hotel has
been in existence since 1988 that the submitted information is sufficient for the City’s review
as we are not proposing to change the existing drainage conditions on site, nor is the
applicant proposing to add any new building area to the site.
G:\Jobs\Waterford Ilotcl~pplication Inlo\project narrativeREV.030305.wpd
LCC35
CITY OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Management Department
10500 N. Military Trail, Palm Beach Gardens, FL 33410
(561) 799-4243 FAX (561) 799-4281
Request
0 Planned Community District (PCD)
0 Planned Unit Development (PUD)
IxI Amendment to PCD, PUD or Site Plan
0 Conditional Use
Cl Amendment to the Comprehensive Plan
0 Miscellaneous OAdministrative Approval
Other (Explain)
Project Name: Waterford Hotel
0 Annexation
0 Rezoning
0 Site Plan Review
0 Con currency C ert i fi ca te
OTime Extension
Date:- March 3, 2005
Owner: Savol of Florida. Inc. a Florida Corporation
Applicant (if not Owner): Same
Applicant’s Add: 11 360 U. S. Hwy. I, Palm Beach Gardens, FL 33408 Telephone No. 624-71 86
Agent: Urban Design Studio
Contact Person: Marty R. A. Minor
Agent’s Mailing Address: 477 So. Rosemary Avenue, Ste. 225, West Palm Beach, FL 33401
Agent’s Telephone Number: 561-366-1 100 Fax Number: 561-366-1 11 1
Architect: N/A Telephone Number:
Email: mminor@udsonline.com
FOR OFFICE USE ONLY
Petition Number: Date & Time Received:
Fees Received
Application $ Engineering $
Receipt Number:
1
Engineer: Kimlev-Horn & Associate, Inc. Telephone Number: 561 -845-0665
Planner: Urban Design Studio Telephone Number: 561-366-1 100
Landscape Architect: Urban Desim Studio Telephone Number: 561-366-1 100
Site Information:
General Location: East side of U.S. 1, approximately ‘/z mile south of PGA Boulevard
Address: 1 1360 U.S. Highway 1, North Palm Beach, FL 33408
Section: 4 Township: 42 Range: 43
Acreage: 1 .S5 Current Zoning: PUDICG- 1 Requested Zoning: Nla
Flood Zone:
Current Comprehensive Plan Land Use Designation:
Existing Land Use: commercial Requested Land Use: N/A
Proposed Use(s) i.e. Hotel, single family residcnce, etc.: Existing Hotel
Proposed Square Footage by Use:
Proposed Number and Type of Dwelling Unit(s) Le. single family, multifamily, etc. (if
Base Flood Elevation (BFE) - To be indicated on site plan
Commercial
N/A
“ppl i cabj e> :
Justification
Explanation:
Information concerning all requests (Attach additional sheets if needed)
{Article Ill, Division 1, Sections 23,24,25,26, of Land Development Regulations
1. Explain the nature of the request: The petitioner is requesting an amendment to the Waterford Hotel
PUD (f.k.a. Comfort Suites PUD) to allow for a 1,710 s.f. restaurant with no outdoor seating. This is
5
Fresco’s restaurant. Restaurants are a permitted use within the CG-I zoning district, which is the
underlying zoning district for the Waterford Hotel PUD. In addition. the total number of existing hotel
rooms has been reduced from 90 to 77. This conversion will be accomplished within 9 months of the
approval of the pendinl-l PUD amendment application. The requested uses require 103 parking spaces,
which is being provided on site.
2
2. What will be the impact of the proposed change on the surrounding area? There will be no impact
-- on the surrounding area since the two buildings are existing.
3. Describe how the rezoning request complies with the City’s Vision Plan and the following
elements of the City’s Comprehensive Plan - Future Land Use, Transportation, Housing,
Inti-astructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental
Coordination and Capital Improvement. N/A - We are not requesting a rezoning of the property.
4. How does the proposed project comply with City requirements for preservation of Natural
resources and native vegetation (Chapter 78-26 1 , Land Development Regulations)?
N/A
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter
78-261, Land Development Regulations.)? N/A
6. Concurrency Certification? Not Applicable
Date Received: Not Applicable
3
Legal Description of the Subject Property
ALL THAT PORTION OF GOVERNMENT LOT 7, SECTION 4, TOWNSHIP 42 SOUTH,
WAY LINE OF STAT ROAD NO. 5 (U.S. HIGHWAY NO. I), 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:
RANGE 43, PALM BEACH COUNTY, FLORIDA, LYING EAST OF THE EAST RIGHT-OF-
COMMENCING AT THE INTERSECTION OFTHE NORTH LINE OF SAID GOVERNMENT
LOT 7 AND THE EASTERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD NO. 5,
THENCE, SOUTH WEST, ALONG THE SAID RIGHT-OF-WAY LINE, A 16' 51'25"
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 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.
SAID PARCEL CONTAINING 1.85 ACRES MORE OR LESS.
Location
The subject property is located on the east side of U. S. Highway One, approximately % mile south of PGA
Boulevard.
Property Control Number(s) of the subject parcel(s): 52-43-42-04-27-00 1 -0000
4
?
‘t
Return To:
Kelvin Wise: Code Enforcement Administrator
Code Enforcement Division
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
CITY OF PALM BEACH GARDENS
CODE ENFORCEMENT SPECIAL MASTER
FINAL ORDER
CASE NO.: 03-643 CERTIFIEDNO.: 7160390198420253 1412
RESPONDENT:
Steven Lovas, President
MAILING ADDRESS:
Savol of Florida, Inc.
2283 Marseilles Drive
Palm Beach Gardens, FL 33410
PREMISES:
11360 U.S. Highway One
Palm Beach Gardens, FL 33410
PCN:
52-43-42-04-00-007-0010
The Code Enforcement Special Master has heard testimony, at the Code Enforcement Special Master
hearing held December 1, 2003. Based upon the evidence, the Code Enforcement Special Master
enters the FOLLOWING FINDINGS OF FACT & CONCLUSIONS OF LAW AND ORDER:
Finding Of Fact
The testimony and evidence presented to the Special Master established that the subject property is in
violation of the Code Sections listed below; that the facts constituting the violations as set forth in
the Notice of Violation are incorporated herein by reference; the violations have existed for a period
of time sufficient to have been corrected by the Respondent or agent; and that the Respondent was
represented at the hearing.
Page 1 of 3
*
Return To:
Kelvin Wise: Code Enforcement Adrmnistrator
Code Enforcement Division
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Conclusion of Law
The facts show a violation of the following Sections of the Code of the City of Palm Beach
Gardens exists:
Section: 66-46 - Engaging in business without license or upon false statements.
78-49 - Amendments to approved development orders.
The facts show a violation of the following Sections of the Code of the City of Palm Beach
Gardens existed past the established compliance date in the Notice of Violation:
Section: 66-46 - Engaging in business without license or upon false statements.
78-49 - Amendments to approved development orders.
Special Masters Order
It is the Order of this Special Master that the Respondent or his agent shall obtain an amendment to
the development order within 150 days, or by April 29,2004 that will allow the restaurant and bar to
use the ancillary building on the property (Ordinance 14,1996). The Respondent, or his agent shall
be provided the opportunity to come back before the Special Master and request more time if such
time is warranted. If the petition for the amendment is denied by City Council, the Respondent, or his
agent shall be ordered to cease and desist operation of the restaurant and bar known as Fresco withn
30 days of the order or be assessed a fine of $125.00 per day for each day the violations continue to
exist.
If the Respondent or agent fails to comply, a certified copy of this Order shall be recorded in the
public records of the Office of the Clerk of the Circuit Court in and for Palm Beach County.
Once recorded, shall constitute a lien against the property upon which the violations exist or any
property owned by the violator or owner, pursuant to Florida Statutes.
As soon as you or your agent corrects all violations, YOU MUST NOTIFY the Code
Enforcement Division at [561] 799-4245. A City Official shall inspect the property and notify
the Special Master if compliance exists.
Page 2 of 3
.
Return To:
Kelvin Wise: Code Enforcement Administrator
Code Enforcement Division
City of Palm Beach Gardens
10500 N. Military Trail
PalmBeach Gardens, FL 33410
DONE and ORDEFD this I &+ day of- kXM ,2003.
Y ~vin Wagner
Code Enforcement Special Master
STATE OF FLORIDA
COUNTY OF PALM BEACH
L/t SWORN AND SUBSCRIBED Before me this day of
2003 .
by ,K&Vl fi M. Qwbrcc
produced,
Name of Notary, typed or stamped
Commission No.
Page 3 of 3
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 21,2005
Meeting Date: April 7,2005
Ordinance 35,2004
Resolution 47,2005
Subiect/APenda Item
Ordinance 35,2004 and Resolution 47,2005: The Sanctuary PBG HOA, Inc. Lake Access
Tract
Public Hearing, Second Reading: A request by Sherry Hyman, Agent, on behalf of The
Sanctuary PBG Homeowners Association (HOA), to allow for an amendment to the Sanctuary
Planned Unit Development (PUD). The proposed plan would allow for lake access though an
upland preserve by creating an open space tract. Housecleaning is proposed to remove four non-
existent drainage tracts from the site plan. On-site mitigation for the no net-loss of upland
preserve is also proposed. The PUD is approximately 81.9 acres in size and located on the north
side of Hood Road approximately 1,500 feet west of Prosperity Farms Road.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Planning & Zoning Director: 2
Tala1 Benothman, AI P (I
Lmyzj Compliance:
eh eshavarz, AlCP
h Management
Originating Dept.:
Growth Management:
City Forester
[XI Quasi-Judicial
[ ] Legislative
[XI Public Hearing
Advertised:
Date: March 23,2005
Paper: PB Post
[ ] Not Required
Affected parties:
-
[XI Notified
[ ] Not Required
FINANCE:
Costs:
$ NIA
Total
$ NIA
Current FY
Funding Source:
[ ] Operating
[XIOther N/A
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ ] App. w/ conditions
[ ] Denied
[ ] Continued to:-
Attachments:
Table 1
Approved Site Plan
Proposed Site Plan
Proposed replat of
Plat of open space
LBF&HMemo
Everglades Lab. (7)
Dale Moore Test (6)
Ordinance 35,2004
Resolution 47,2005
Tract U-3
tracts
Date Prepared: March 21,2005
Meeting Date: April 7,2005
Ordinance 35,2004
Resolution 47,2005
EXECUTIVE SUMMARY
The Sanctuary Homeowners Association desires a lake access through common property for
maintenance purposes. The only common property available adjacent to the lake is a preserve
with restrictive plant removal plat language. The petitioner’s request is to amend the PUD by
converting a portion of the preserve into a less restrictive open space tract for a mulched
pathway. On-site mitigation involves converting some common open space to upland preserve.
Four non-existent drainage tracts are being taken off of the site plan. City staff recommends
approval because the lake maintenance is of high importance and no protected, listed species are
negatively impacted by the proposed amendment.
BACKGROUND
The subject site is within “The Sanctuary” Planned Unit Development (PUD). On November 4,
1993, the City Council approved “The Sanctuary” at Palm Beach Gardens through Ordinance 22,
1993, for 184 single-family detached and zero lot-line residential units on 82 acres. City Council
approved the “The Sanctuary” PUD Plat No. 1 through Resolution 11 1, 1994, and “The
Sanctuary” PUD Plat No. 2 through Resolution 112, 1994. Subsequently, the project was
amended through Resolution 89, 1994, that allowed for a minor modification to the model home
elevations and floor plans. The project was again amended through Resolution 66, 1996, which
converted the upland preserve to a landscape tract and added a utility easement to the northwest
comer, added an access easement to the wetland drainage structure in the northern wetland, and
approved the mitigatiodrestoration plan for the preserves along the western and northern
sections of the project that was subject to a code enforcement ruling.
It was during the 1996 PUD amendment that City staff required some compensation for the loss
of preserve acreage. Through the approval of Resolution 66, 1996, the replat of “The Sanctuary”
PUD Plat No. 2 was required, which converted open space Tract “0-6” to the upland preserve
Tract “U-3” that exists today. The replat was approved by Resolution 106, 1996. The amended
site plan corrected some problems encountered by the developer during the construction of the
Sanctuary, but it also created a new problem with lake access. The approved Sanctuary Site Plan
indicates four 15-foot wide “Drainage Tracts.” Two “drainage tracts are for wetland preserve
access and two “drainage tracts” are for lake access. None of the four “drainage tracts” ever
appeared on the approved plats for the Sanctuary. When the City required the replat of “0-6”, the
City unintentionally restricted the use of the only common property owned by the Sanctuary
HOA adjacent to the lake. As an upland preserve, Tract U-3 does not allow vehicle access to the
lake, because the platted language prohibits the removal of native vegetation.
Page 2
Date Prepared: March 21,2005
Meeting Date: April 7,2005
Ordinance 35,2004
Resolution 47,2005
The applicant is proposing three amendments to the existing site plan. They are as follows:
Convert 0.07 acres of upland preserve within Tract “U-3” to open space to facilitate the
installation of a mulch pathway and utilities for an aeration device to service the lake;
0 Convert 0.07 acres of open space within Tracts “0-1 and/or “0-2” and/or “0-3” to
upland preserve as mitigation;
Remove four non-existent drainage tracts from the site plan for plat consistency.
The existing lake (Tract “L”) is surrounded by private residential lots and the HOA-owned 0.81
acre upland preserve Tract “U-3 .” Tract “U-3” is accessed off of Princewood Lane (previously
known as Heatherwood Lane), and lies between lots #65 and #66. The proposed lake access
tract through Tract “U-3” would allow the HOA to construct a pathway through the native
vegetation 15 feet wide and 188 feet long in order to provide vehicle access to the five-acre lake.
The proposed path will connect to the existing twenty (20) foot wide lake maintenance easement,
which encompasses the lake, for weekly maintenance of the lake tract and potentially any larger
lake maintenance needs. The proposed modification would revert part of the restricted upland
preserve tract back to its original status of open space to allow vegetation to be removed for lake
access. Designation as an open space tract would create lake access opportunities consistent
with the City’s Comprehensive Plan and Land Development Regulations. Section 78-250 of the
Land Development Regulations specifically allows City Council the authority and flexibility to
define the preserve area boundaries or adjust the size of such boundaries.
The proposed path has been field adjusted and surveyed roughly down the center of the preserve
to minimize impacts to adjacent home owners and trees. No Oak trees are proposed to be
removed with this alignment. No listed endangeredlthreatened species were observed based on
the HOA’s environmental assessment dated February 9, 2004. The City’s Environmental
Consultant, Jim Schnelle, has reviewed the environmental assessment and has agreed with
the assessment. The creation of the proposed pathway will not be detrimental to the
preserve and could help with the management of the preserve. Also, the applicant is
proposing on-site mitigation for the loss of preserve acreage within Tract “U-3.” This will be
accomplished by converting portions of open space Tract “0-1 ,” Tract “0-2” and Tract “0-3” to
upland preserve status.
The developer was originally required to preserve a minimum of 10.25 acres, which was 25% of
the upland habitat based on the original environmental assessment of the site. The approved
plats put the total upland preserve acreage at 15.61 acres. The platted upland preserve acreage is
greater than the originally required amount by code. The proposed pathway acreage is 0.07 acre.
Page 3
Date Prepared: March 21,2005
Meeting Date: April 7,2005
Ordinance 35,2004
Resolution 47,2005
The elimination of 0.07 acres of upland preserve will not reduce the upland preserve acreage
below the City’s code requirement. The proposed mitigation should result in a no net loss of
upland preserve acreages on-site.
To date, the City has received 70 letters of support for the lake access pathway and 26 written
objections to any alteration or any clearing of the preserve from Sanctuary residents, including
both property owners to either side of the preserve tract. These letters will be available at the
public hearing. One of those residents who live adjacent to the subject preserve has filed a
lawsuit against the HOA over the proposed amendment. To address some of the residents’
concerns, the HOA is not planning to utilize the entire 15 feet for a pathway at this time, and it
will be constructed of mulch. The proposed location and width of the lake access tract has been
selected to minimize the impact to existing trees and plants. Occasionally, the lake maintenance
contractor needs to use a boat to control aquatic weeds. The HOA has stated that it intends to
restrict the use of the path, and place a sign within the path indicating that the path is “For lake
maintenance access only. No dogs or pets allowed.”
LAND USE AND ZONING
The subject site has a zoning designation of Planned Unit Development Overlay with an
underlying zoning of Residential Low (RL-2). The land use designation of the PUD is
Residential-Low (RL). The subject site has a gross density of 2.25 units per acre, which is
consistent with the underlying zoning. Please see attached Table I for details on surrounding
properties.
CONSISTENCY WITH COMPREHENSIVE PLAN
The proposed amendment is consistent with the overall intent of the goals, objectives and
policies of the City’s Comprehensive Plan. In this case, the best management practice requires
priority be given to improve the lake access rather than protect the fauna and flora, since no
listed species are in harm’s way. The following goals, objectives and policies indicate the
specific consistency between the Comprehensive Plan and the proposed amendment:
Infrastructure Element
Goal 4.C.1.: Provide adequate city-wide drainage and stormwater management for all property
in the City.
Objective 6.1.9.: The City, through its consultants and staff, will establish the drainage facility
improvements needed within the City and the priority thereof.
Page 4
Date Prepared: March 21,2005
Meeting Date: April 7,2005
Ordinance 35,2004
Resolution 47, 2005
Conservation Element
Policy 6.1.2.1.:
management practices are required.
The City shall continue to maintain drainage regulations to ensure best
CONCURRENCY
The PUD already received concurrency during the PUD approval process. No operational traffic
improvements are required as a result of the proposed PUD amendment.
PROJECT DETAILS
Site Access
Pedestrian access and connectivity have been provided throughout the site through a system of
sidewalks. The proposed lake access pathway through the preserve will connect the existing 20-
foot wide lake maintenance easement to existing sidewalks within Princewood Lane right-of-
way, which is adjacent to Tract U-3. This will allow for improved access to the upland preserve
and lake amenities. The proposed access tract will also replace the two drainage tracts shown on
the site plan, but never platted.
Drain ape
The four 15-foot wide “drainage tracts” shown on the approved site plan do not exist. There are
five 12-foot wide drainage easements platted on private property, which tie the lake to the overall
water management system. These easements are dedicated to the HOA for drainage purposes,
which is different than lake maintenance. The infrastructure located within the drainage
easements is maintained by the HOA. These easements do not prohibit the property owners from
fencing and landscaping their properties. The HOA has for the past eight years relied on
property owners granting them permission for access to accomplish regular HOA lake area
maintenance. The drainage easements are not intended for daily lake access by the HOA unless
in association with drainage infrastructure repair work. According to the HOA, drainage pipes
have been damaged when vehicles have used these easements in the past. According to a May 7,
2003 memorandum (attached) from Sean Donahue of LBF&H, Tract U-3 appears to be the most
suitable location for the HOA to place the lake maintenance access. The proposed 15-foot wide
access tract will replace the two approved 15-fOOt wide “drainage tracts” to the lake that were not
Page 5
Date Prepared: March 21,2005
Meeting Date: April 7, 2005
Ordinance 35,2004
Resolution 47,2005
platted. The other two 1 %foot “drainage tracts” for access to the wetland preserves are no longer
needed.
PLANNING, ZONING & APPEALS BOARD
On May 25, 2004, the Planning, Zoning and Appeals Board held a public hearing for this
petition. The Board’s motion to recommend denial to City Council failed because the vote was
three - three. There was no recommendation.
CITY COUNCIL
On October 21, 2004, City Council heard this petition on first reading, which was an advertised
public hearing by the direction of the City Attorney. There was a significant amount of public
comments for and against this petition. One general comment from the environmental
community was to avoid any reduction in preserve acreage. City Council directed staff to
follow up on the public comment concerning water quality in the lake. City Council also advised
the petitioner that constructing a lake access pathway through the upland preserve should be the
last option available. Prior to the next meeting, the HOA was advised that it should try to secure
a lake access easement within any property adjacent to the lake.
Attached for your review is the Sanctuary lake water data taken in October 2004 by Dale Moore
and on November 4, 2004 by Everglades Laboratories. The water test results appear not to be
alarming, which may have been due to the recent flushing of the lake system by the rainfall from
the two hurricanes in September of 2004. Mr. Moore’s report states that the conditions of the
lake indicate warning signs for severe problems in the future.
According to Ms. Hyman, a letter went out to all members of the community that live around the
lake to see if anyone was interested in selling or conveying a portion of their lot to the
homeowners association for lake access. According to the HOA, no one was willing to sell or
donate a portion of their lot for this purpose.
STAFF RECOMMENDATION
Section 78-563(d) of the Land Development Regulations, entitled “Access to lake maintenance
tract,” requires permanent means to access lakes and water bodies, acceptable to the City
engineer, through platting. The minimum preserve requirements set forth in the City’s Land
Development Regulations for the Sanctuary PUD have been exceeded by 5.36 acres. Rather than
eliminating the entire 0.81 acres from its current preserve land status, staff believes converting a
Page 6
Date Prepared: March 21,2005
Meeting Date: April 7,2005
Ordinance 35,2004
Resolution 47,2005
small portion of this preserve to a more useful open space tract, which is necessary to facilitate
the lake maintenance access, is the best alternative. The potential impacts of the proposed
amendment to the plant and wildlife environment are insignificant. The Sanctuary Planned Unit
Development will benefit significantly with the addition of a lake access tract for drainage and
lake maintenance operation.
Staff recommends Approval of Ordinance 35, 2004 and Resolution 47,2005 with the following
conditions :
1. The lake access pathway shall not be constructed until the replat for Tract U-3 has been
approved by the City Council and publicly recorded (City ForesterPlanning & Zoning).
2. The lake access pathway shall not be constructed until the replat of a portion(s) of Tract
“0-l”, Tract “0-2,” and/or “0-3” is approved by the City Council and publicly recorded
as upland preserve in an amount equal to or greater than 0.07 acres (City
ForestedPlanning & Zoning).
3. The Sanctuary HOA shall install an aeration device within the lake tract within one year
of the public recordation of the replat of Tract U-3 for the lake access pathway.
Page 7
. ..
Subiect Property
The Sanctuary PUD
N*
Frenchman’s Creek DRVPCD
south
Hood Road and
Frenchman Landing (County)
Residential Low (RL)
Planned Unit Development (PUD)
Overlay
Planned Community Development
(PCD) Overlay
Residential
(County zoning - RS/SE)
Residential Low (RL)
Residential Low (RL)
and Golf
Residential (MR-5)
- West
Frenchman’s Creek DRVPCD Planned Community Development
(Pa) Overlay
Residential Low (RL)
and Golf
East
crystal Point (County) Residential Residential (MR-5)
(County zoning - RS/SE)
I
Y 8 - f S 0
sg ..
B
i c
TRACT 'N-1'
I NETLANO PRESERVEJ
-1131
EVERGLADES Laboratories, Inc.
Sa 8reeze Community Management, tnc
8259 N Military Tr Suicell
Palm Beach Gardens, FL 33410
FAX: 6267143
RE: Test results for semples collected f 1-404
Oaar Ms. Jamason;
We have reviewed the data obtained during this survey of your lake. AR results were
within Ihe guidelines described in Chapter 62-302 FAC for Class tll waters. excoot that
the 7 and 9 foot depth samples were low in dissolved owyger;, which is to be exmcted
when tMre is little mixing laking place.
The limit spec3ed in 62-302 i8 that the dissolved oxygen shell not be reduced bek 5."
mglL. Sample location 2 yielded a result of 2.54 mg/L et 9 feet, and bcation 3 yielded a
result of 1.67 mglL at 7 feet.
Perhaps you coild check wlth the Florida Depariment uf Environmental Protection lo
delemine the correct dessificatior. for thi6 lake. The department might suggest mm-
Qdbs to gel this bke into full compliance with the regulations. If you haw any questions,
please cel: at any lime.
xNde 7671
.
EVERGLADES Laboratories, IRC.
1602 Clare Avenue West Palm Beach, FL 33401
p: 561 833 4200 f: 561 833 7280 e: ovlabs@bellsouth.net
www.evergladesIabr.com
09-Nov-04
Sea Breeze Community Management, Inc.
8259 N Military Trail
West Palm Beach FL 33410
F: 561 626 7143
SAMPLE: DATElTlME COLLECTED: DATElTlME RECEIVED:
i 24772 11/4/04 1057 11/4/04 1215 ,
1
0.5 FT
N26O52.290 W080"04.597
METHOD ANALYTE RESULT UNITS EXTRACTED ANALYZED
120.1 2 CONDUCTANCE (FIELD) 429 pSlcm I w04 1 114104
150.1 4 pH (FIELD) 7.01 1 1/4/04 1 1 I4104
170.1 9 TEMPERATURE(F1ELD) 26.5 "C 1 1/4/04 1 1/4/04
360.1 26 OXYGEN, DISSOLVED (FIELD) 7.05 mglL 1 114104 1 1/4/04
92216 36 TOTAL COLIFORM 300 MPNllOOmL 11/4/04 1630 11/4/04 1630
922IE 37 FECAL COLIFORM 300 MPNllOOmL 11/4/04 1630 11/4/04 1630
SAMPLED BY:
BMlMM
ANALYST MDL
BM 0.1
BM 0.1
BM 0.05
BM 0.1
BM 2
BM 2
SAMPLE: DATElTlME COLLECTED: DATElTlME RECEIVED: SAMPLED BY:
4 24772.1 11/4/04 1057 11/4/04 1215 BMlMM
1
1.5 FT
N26'52.290 W080"04.597
METHOD ANALYTE RESULT UNITS EXTRACTED ANALYZED ANALYST MDL
360.1 26 OXYGEN, DISSOLVED (FIELD) 6.81 mglL 1 114104 1 1/4/04 BM 0.1
Submitted by:
LAB ID E86048
NELAC ACCREDITED
04NaV-04
124112.1 4192 1150 3249
FORM DATE 1-21-04
Benjamin Martin. Ph.D.
DIRECTOR
Page 1 of 5
METHOD ANALYTE RESULT UNITS EXTRACTED ANALYZED ANALYST MDL
360.1 26 OXYGEN, DISSOLVED (FIELD) 7.07 mglL 1 1/4/04 1 1/4/04 BM 0.1
Submitted by:
LAB ID E86048
NELAC ACCREDITED
09-NW-04
124772.2 4792 1750 3249
FOW DATE 1-21-04
Benjarnln Martin, Ph.0.
DIRECTOR
Page 2 of 5
METHOD ANALYTE RESULT UNITS EXTRACTED ANALYZED ANALYST MDL
120.1 2 CONDUCTANCE (FIELD) 430 pSlcrn 1 1/4/04 1 1/4/04 BM 0.1
150.1 4 pH (FIELD) 7.13 1 1/4/04 1 1/4/04 BM 0.1
170.1 9 TEMPERATURE(F1ELD) 26.5 "C 1 1/4/04 I 1/4/04 BM 0.05
360.1 26 OXYGEN, DISSOLVED (FIELD) 8.89 mg/L 1 1/4/04 11/4/04 8M 0.1
92216 36 TOTAL COLIFORM 500 MPNllOOrnL 11/4/04 1630 11/4/04 1630 BM 2
9221E 37 FECAL COLIFORM 110 MPNllOOmL 11/4/04 1630 11/4/04 1630 BM 2
SAMPLE:
124773.1
2
4.5 FT
N26O52.337 WO8O004.643
DATUTIME COLLECTED: DATUTIME RECEIVED: SAMPLED BY:
11/4/04 1107 11/4/04 1215 BM/MM
METHOD ANALYTE RESULT UNITS EXTRACTED ANALYZED ANALYST MDL
360.1 26 OXYGEN, DISSOLVED (FIELD) 8.49 mglL 1 1/4/04 1 1/4/04 BM 0.1
SAMPLE:
124773.2
2
9.0 FT
N26'52.337 W080"04.643
DATElTlME COLLECTED: DATUTIME RECEIVED: SAMPLED BY:
BMlMM 11/4/04 1107 11/4/04 1215
METHOD ANALYTE RESULT UNITS EXTRACTED ANALYZED ANALYST MDL
360.1 26 OXYGEN, DISSOLVED (FIELD) 2.54 mglL 1 1/4/04 1 1/4/04 BM 0.1 X
Submitted by:
Benjamin Martin, Ph.D.
DIRECTOR LAB ID E86048
NELAC ACCREDITED
04NOv-04
124773.2 4792 1750 3249
FORM DATE 9-21-04 Page 3 of 5
3
SAMPLE: DATEITIME COLLECTED: DATE/TIME RECEIVED: SAMPWD BY:
124774 11/4/04 1118 11/4/04 1215 BMNM
3
0.6 FT
N2652.377 W080"04.672
METHOD ANALYTE RESULT UNITS EXTRACTED ANALYZED ANALYST MDL
120.1 2 CONDUCTANCE (FIELD) 427 pS/cm 1 1/4/04 1 1/4/04 EM 0.1
150.1 4 pH (FIELD) 7.34 1 1/4/04 1 1/4/04 BM 0.1
170.1 9 TEMPERATURE(F1ELD) 26.5 "C 1 1/4/04 1 1/4/04 BM 0.05
360.1 26 OXYGEN, DISSOLVED (FIELD) 13.3 mglL 1 1/4/04 I 1/4/04 BM 0.1
92216 36 TOTAL COLIFORM 900 MPNllOOmL 11/4/04 1630 11/4/04 1630 BM 2
9221E 37 FECAL COLIFORM 70 MPNllOOmL 11/4/04 1630 11/4/04 1630 BM 2
MIQIOIUIUIOL).UE~~I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I~~~~~~~~~~~~~~~~~~~~~M~I~~~~~~~~~~~~~~~~~~~~~~~~N~~~~~
SAMPLE: DATWIME COLLECTED: DATElTlME RECEIVED: SAMPLED BY:
124774.1 11/4/04 1118 11/4/04 1215 BMlMM
3
3.5 FT
N26'52.377 W080"04.672
METHOD ANALYTE RESULT UNITS EXTRACTED ANALYZED ANALYST MDL
360.1 26 OXYGEN, DISSOLVED (FIELD) 9.82 mglL 1 1/4/04 1 1/4/04 EM 0.1
SAMPLE: DATWIME COLLECTED: DATWIME RECEIVED: SAMPLED BY:
124774.2 11/4/04 Ill8
3
7.0 FT
N26O52.377 W080"04.672
METHOD ANALYTE RESULT UNITS EXTRACTED ANALYZED ANALYST MDL
360.1 26 OXYGEN, DISSOLVED (FIELD) 1.67 mg/L 1 1/4/04 1 1/4/04 BM 0.1 X
11/4/04 1215 BMlMM
Submitted by:
LAB ID E86048
NELAC ACCREDITED
04NW-04
124774.2 4792 1750 3249
FOFW DATE 1-21-04
Benjamin Martin. Ph.D.
DIRECTOR
,./ . ,
Page 4 of 5
CONTACT PERSON FOR QUESTIONS ABOUT THIS REPORT:
BEN MARTIN Ph.D. 561 833 4200
Submitted by:
Benjamin Martin, Ph.D.
DIRECTOR
LAB ID E86048
NEIAC ACCREDITED
09Nw-04
124774.2 4792 1750 3249
FORM DATE 1-21-04
."
Page 5 of 5
EVERGLADES
.+- I Lahatsries, Inc.
1602 Clare Avenue West Palm Beach, FL 33401
p: 561 833 4200 f: 561 833 7280 e: evlabr@bellsourh.net
www.evergladeslabr.com
Thursday, November 04,2004
~ ~~~~
Sea Breeze Community Management, Inc.
8259 N Military Trail
West Palm Beach FL 33410 West Palm Beach FL 33410
Sea Breeze Community Management, Inc.
8259 N Military Trail CN
1750
PHONE 561 626 0917
FAX 561 626 7143
CONTACT BEVERLEY
5616260917
5616267143
SAMPLE LAKE: 3 LOCATIONS; D.O., FC, pH. SCHEDULED FOR THURS 10 A.M. MEET AT
ENTRANCE OF THE GATED COMMUNITY.
RECEIMDBY . . DATE TIME
cvs/ (1 I
18/18/2884 22: 24 561-626-7143 SEABREEZE MGT PAGE 82/82
SENT FV: SDPBC; 561 333 5582; OCT-21-04 11 z24AM; PAGE 212
Sanctuary Wera TeStv
Dah Mloorr: did the water testing for the 3an;tuwy. Dah is a gadliak ufllSF, t3.S.
Zoology, minors in Marine Biology and Oceanography. kle ie a formcr cmployce of
Busch Gdms und Wolt Divney World. Presently mployd by the Palm Bcach County
School Sflam. He is water quality trained in the state ~lf Virginiu. Ho ia also Earth Force
mtned for watashcds. Thc hllowing ll~e his findings:
Thc conditions of the lake indicate warning si8r-w fiir severe problems in the ncar future.
Thw warning signs indude the high phosphate levels, the presence of Fa1 Cultfm
Bactcrja, the levels of L3issolvcd Oxygans, the I'urhidity Icvel, the Yollutlon l'olerance
Tndei - rho ahstmcts ofamphrbians (apaifically frogs), and the serious bank urosion
notcd in scvcrd areas.
Rwommmthtiotw Tmmediate Aeration and planlings along the banks. Locate the Source
of' the Fecal Contamination Once Ihc source is locard the problem will rcsolvc it sclf as
Fccal Coliform is short livcd.
Without the above wtions being taken you nce looking at o. much mm wetly mtmi US
wall 8s the continued contarninntion. senow health issues, and the death of the lake and
ell of it's in hubhitnnlr,
Water TeatlnR done by
Plcwsc find thc multr Cor the Water Tests. Tests were done on both surface water aid
deep wntar. The Smples wem drnwn by Chs York's twm from Superior Water.
Utm: 10/14/04. IO/ 15/04. IO/ 18/04 and && Note-Given Ibc fact that the pond
has bccn dililtcd by 2 humcunee (approximately 2R inchea of rain) we would mpcci rhc
rasulrs to he more ievorable in some arcas Vnfnrtunatclv duc to itiong
I.
ji'rlor ti, the hurricuneb, the I&e is Kivp1g -w , %VWd
waq.
The precence of fecal contsmlnation is an lndlcator thrt a porerrlal hcahh rirk ewistr
wid fivcr. viral and bact- @tiLiY A.
for individuah erpoacd to thk water. qt~ path
Adcquak dissolved oxyfien is nccvswy for good wata quality. Nnturd water
purification prcwescs rquirc adequate oxygen levels in order to provide fnr aerobic life
forms. As dissolved oxygen leveis in wutcr drup botow 5.0 my'l. aquatic Mc is put under
stress, the lower the concentratinn, the greatar the strow. Oxygen ltwb that remain
below 1-2 mgll for L ftw hours can result in large fish kllb.
lNQ3.1 in &&- .. cau~c oxy-
-tm ndinn on the 9unn)Ltrm m will dip2 The mmjjor routes of
entry of nitrogen iiltc) bcxlibu of watut are municipal and industrial wrilSk;w&ar, rruptic
tanks, feed lot discharges, animal wastes (including birds end fiuh) and dishurgw fhm
cw exhausts. Bactcria in watcr quickly convert nittitcs (N02-j TO nitratcs [N03=].Nltrltes
can produce a wriuus condltlolr In fish called "brown blood dlsesrc." Nltriter also
react directly with hemogbhta In human blood and other warm-bldcd rnirnals to
produce methcmogJohln. Methernoyiobin destroys the ability of red blood cclls 10
trnnsport oxygcn.
16/16/2084 21: 39 561-626-7143 SEABREEZE MGT PAGE 02/04
PAQE 2 SENT BY: 6DP8C; 581 383 5582: OCT - 1 F!. 64 4 : 0 1 P 14 ;
18/16/2884 21: 39 561-626-7143 SEABREEZE MGT SENT EY: GDPGC; sei 333 5592; OCT-18-64 4:02PM; PAGE 03/04 FAGF: 314
Phtnphutes exist in three tibnns: cKthophoy>hblte, mctaphosphrrrc (or plyphosphate) and
organrcally hound phosphate. Ewh a)rnp<wd contains phosphorous in n diffmmt
chcmicnl tionnula. Ortho forms (vc pmduccd by natural pmcasses und IUC found in
sewagc. Poly forms are usd for treating boilcr watcrs and in detiqenta. ln water, thcy
change into the mho firm. Orgmic phosphates ure importrmt in nature Their occurrence
may rcsult ticrm thc brulikdoun of organic pwticidcs which coiitain pliosphn~, Th~y
niay mist in solution, ati particlcs, loogc fragments. or In the bodies of aquatic organisnis.
Phoaphrtee are not toxic to people or vnimnlr IINIC~S they are prmemf la rtry high
levels, Bjwwivc pmb cod d occur fkm-mclv hw ~VelP01'D~y&J&&.
on Telex-
AAhough amphibians am an ancient group and have survlved for eons. -- vvm, Toxiw and cherniaals In the envircmm@nt
can be absorbed directly lhrough their kine, and Ihe larval stages for those with equatfc larvae.
are ah hhhly sensitive. Mwt people are probably familiar with reports d frogs with extra limbs.
eyor, and othor grow defarmi:ioc rppWmtly due to environmental pollutantr, What we don't
know is the propodlon of animele in these ~opulatione that now clewlap to the adult state at all.
-ithrkivItv t~~v ironmenlal t0xln.s & co ndltlon-n a, meug
gxcellent eg- ' ' nele that -Q miahi be - slmilar to the canaries that were
onc6 used in coel rninoo 10 wwn a( high conoentralions af carbon monoxido, If the sensltive
canary dld. it gavo tho IlIlnYI wmhg to Qol Out More Conoentratlm were high enough to kill
them ac well. So It le wlth amphibians. &
..
n tho1
Plczlse find results fiv the wuter tests wnddc-tcd on the samplcs takcn by Superior Wntar
horn the Ssrnctlrury un iihwing ~MKG.
18/16/2884 21:39 561-626-7143 SEABREEZE MGT PAGE 04/04 SENT 9Y: 66PfiC; 561 333 sw; OCT-18-04 4:02PM; PAOE 414
Results from first tots:
Msoolved Oxygen 2.1
Ph Hange 8.5
Phoopheteo 4.0
Turbidity 40
Nitrate Low
Two mwt sarnplcr bavc been drawn aad arc being tertd.
- BOD tcst RIII not be ready until Thursday morning.
,
II
DATA SHEET J
b
.. I.
35
,>H ....... *..-,.,..,.<. .....
............
18/17/2884 23: 37 561-626-7143 SEABREEZE MGT PAGE 82/83
SENV'GY: Si3PBC; 561 333 5582; OCI-26-04 1:NPM; PAdE 213
1
4 ! 2 1 WCPLLENT ---.----. dOP I-, ,.SAlR .,._- , ._., \.. ... ..>* .^. I-.-..-.-..
I I I BOD
!
!
-BOD I 0 I
I i
I-..--.---
NWRATE
Use the ranked resul:s co track watcr quaiity trends over long ppriods of time, to compare the watcr quality Bt differenr sitcs dong thc river. 3rd to investigate t\w land use affccrr wmr qmlity.
CONSULTING CIVIL ENGINEERS,
SURVEYORS &MAPPERS
CIVIL
AGRICULTURAL
. WATERRESOURCES
WATER & WASTEWATER
TRANSPORTATION
SURVEY & MAPPING
GIs
‘Tartners For Results
Value By Design”
3550 S
(772) 286-3883
www.lbfh.com
P~x (772) 286-3925
MEMORANDUM
TO: Mark Hendrickson
FROM: Sean C. Donahue, P.E.W
DATE: May 7,2003
FILE NO. 03-4293
SUBJECT: The Sanctuary PUD: Lake Maintenance Access Easement
We have reviewed the following information for the referenced project received on
April 29,2003:
0 Development Application
0 Sketch and Legal Description of Lake Maintenance Access Easement
prepared by Land Matters Associates
0 The Sanctuary Plat No. 1 as recorded in Plat Book 73, Pages 78 to 82 in the
public records of Palm Beach County.
0 The Sanctuary Plat No. 2 as recorded in Plat Book 73, Pages 83 to 86 in the
public records of Palm Beach County.
0 The Sanctuary-Replat of Tract “0-6” as recorded in Plat Book 77, Pages,
1 17 to 11 8 in the public records of Palm Beach County.
It is our understanding that The Sanctuary PBG HOA, Inc. desires to replat Tract
“U-3” of The Sanctuary-Replat of Tract “0-6” plat to allow for the dedication of a
20-feet wide Lake Maintenance Access Easement through the tract. The HOA is
desirous of this easement to allow for the proper lake access for common lake and
lake bank maintenance activities as well as those required during periods of
emergency or duress (such as during or after a major storm event).
Based on our review of the existing and previous plats of the development as listed
above, there does not appear to be an existing, dedicated access to Lake Tract L.
While 12-foot wide drainage easements are present throughout the plats, these
easements are dedicated for drainage purposes only and not for lake maintenance
activities. Further, the drainage easements are 12-feet wide and do not appear to
ovide clear access to the lake for large equipment such as track hoes or grade alls
would be used for lake reconstruction and large scale maintenance. Typically,
commend easements ranging from 15 to 20 feet wide for these activities based
he depth of the pipe and other factors.
t U-3 appears to be the most suitable location for this tract since it is owned
maintained by a single entity (the HOA). Therefore, we have no engineering
cerns with allowing the Lake Maintenance Access Easement to be placed
through Tract U-3.
*
The Sanctuary PUD
LBFH File No. 03-4293
Page 2 of 2
We have the following comments based on our review of the application and sketch
and legal description:
1. The sketch shows the tract as Tract 0-6, presumably an Open Space Tract. The
current plat of the land dedicates this area as an Upland Preserve. We
recommend providing a Lake Maintenance Access Tract along the same path as
the easement and keeping the Upland Preserve on each side of the Lake
Maintenance Access Tract. However, this option may require a replat of Tract
u-3.
2. If the tract remains as an Upland Preserve, then the tract should continue to
exclude the 10-feet wide Utility Easement as shown on the existing The
Sanctuary-Replat of Tract “0-6” plat.
If you have any questions or require additional information, please do not hesitate
to contact me at (772) 219-2828.
SCD/
cc: Talal Benothman
c
November 1, 1993
October 27, 1993
October 15, 1993
ORDINANCE 22, 1993
AN ORDINANCE OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, CREATING A PLANNED UNIT
DEVELOPMENT KNOWN AS "THE SANCTUARY"
CONSISTING OF 184 SINGLE-FRMILY DETACHED AND
LANDS LOCATED WITHIN THE CITY OF PALM BEACH
GARDENS AND MORE PARTICULARLY DESCRIBED IN
EXH I B I T "A" ATTACHED HERETO AND MADE PART
HEREOF; SAID LANDS DESCRIBED THEREIN SHALL BE
DEVELOPED IN ACCORDANCE WITH THE SITE PLAN AND
OTHER PLANS AS SET FORTH IN THIS ORDINANCE;
PROVIDING PAYMENT OF A RECREATIONAL IMPACT FEE
TO THE CITY; PROVIDING ADDITIONAL
SPECIFICATIONS, REQUIREMENTS AND CONDITIONS TO
BE COMPLIED WITH BY PETITIONER; PROVIDING FOR
REVIEW AND APPROVAL OF CONDOMINIUM OR
HOMEOWNERS' DOCUMENTS BY THE CITY ATTORNEY; SETTING FORTH REQUIREMENTS TO BE MET BY THE PETITIONER INCLUDING POSTING OF A PERFORMANCE
BOND, LETTER OF CREDIT OR ESCROW AGREEMENT FOR
COMPLETION OF THE INFRASTRUCTURE; PROVIDING FOR TIME OF COMMENCEMENT FOR THE PLANNED UNIT
DEVELOPMENT; PROVIDING PROCEDURE FOR MODIFICATIONS TO THE PLANNED UNIT DEVELOPMENT;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE.
ZERO LOT-LINE RESIDENTIAL HOMES ON CERTAIN
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, does hereby create a Planned Unit Development
known as "THE SANCTUARY" consisting of 184 single-family detached
and zero lot-line residential homes upon the lands described in
Exhibit "A" attached hereto and made a part hereof.
Section 2. Development under this Planned Unit Development
shall be in accordance with and subject to the Site Plan and other
pIans as follows:
,
1. Site plan dated July 7 , 1993 , prepared by Land Design
South, consisting of one sheet marked Sheet 1 of 4.
2. Typical Entry Plan & Section Buffer & Lighting, dated
July 6, 1993, prepared by Land Design South, consisting of one (1)
sheet marked Sheet 2 of 4.
Typical Residential Unit, One Story, Landscape Plans,
dated August 16, 1993, prepared by Land Design South, consisting of
one (1) sheet marked Sheet 3 of 4.
Typical Residential Unit, Two Story, Landscape Plans,
dated August 9, 1993, prepared by Land Design South, consisting of
one (1) sheet marked Sheet 4 of 4.
5. Elevation Plans, dated May 20, 1993, and August 16,
1993, prepared by Pulte Home Corporation, consisting of eighteen
(18) sheets.
3.
4.
Section 3. Petitioner shall pay to the city of Palm Beach
Gardens, Florida, a recreational impact fee of ONE HUNDRED FIFTY
THOUSAND ($150,000.00) U.S. DOLLARS as follows: ONE-HALF (1/2) of
the recreational impact fee or the sum of SEVENTY-FIVE THOUSAND
($75,000.00) U.S. DOLLARS shall be paid to the City prior to
issuance of the first building permit; the balance of recreational
impact fee or the sum of SEVENTY-FIVE THOUSAND ($75,000.00) U.S.
DOLLARS shall be paid to the City prior to the issuance of the
ninety-third (93rd) building permit. All impact fees in place at
the time of the first building permit shall be paid at that time.
Section 4, Petitioner shall be subject to and shall comply
with the following additional specifications, requirements and
conditions:
1. A northbound left-turn land onto Flamingo Road from
Prosperity Farms Road shall be constructed prior to issuance of the first Certificate of Occupancy.
-2-
i
c
2. The construction of the Flamingo Road extension as
shown on the approved Master Development Plans shall be
constructed, landscaped, irrigated and open to the public prior to
the issuance of first Certificate of Occupancy.
3. The trunks of all new laurel oaks shall be positioned
at Ieast twelve (12) feet from any Seacoast Utility Authority water
and wastewater lines.
4. Prior to clearing or construction, trees designated
for preservation shall be tagged. Prior to land clearing, the developer shall erect and maintain protective barriers around the
drip line of the trees to be protected. All work shall be inspected and approved by the Landscape Architect of Record and
City Forester prior to the issuance of any Building Department
permit requiring land clearing. Section 153.50 (Tree Protection)
Paragraphs B, C and D shall also be enforced during construction.
5. All tree protection/relocation and landscape work
shall be performed using current professional landscaping
standards. The Landscape Architect of Record shall monitor all
tree protection efforts, all tree relocation work, all landscaping
work and any work that affects the outcome of the approved
landscaping plans. The Landscape Architect of Record shall notify the City prior to any modifications to the approved Landscape Plan.
6. All trees designated for preservation that die during construction or because of construction practices shall be replaced
using the following schedule: For every inch of tree caliper lost, three (3) inches of new tree caliper shall be replaced with like
specie. The minimum replacement tree shall be three (3) inches in
diameter. Palms shall be replaced with like specie one for one
with minimum ten (10) feet height. If the site cannot support the
total number of replacement trees as required above, City Council
may permit the developer to donate excess trees to the City for
planting on public lands.
Prior to the issuance of the Certificate of Occupancy
the Landscape Architect of Record shall certify in writing to the City that the landscaping has been completed per the approved
Landscape Plans. Any changes to the approved Landscape Plans shall be approved by the Planning and Zoning Commission or City Council. Once the City has the certified letter from the Landscape
Architect, the City Forester shall inspect the site for compliance.
Once compliance has been confirmed by the City Forester, the City Building Department shall be notified.
7.
-3-
i
8. Street trees and sidewalks and all associated lot
landscaping and any common area landscaping adjacent to said lot
shall be installed prior to the Certificate of Occupancy of said
lot. Prior to final sign-off, the Landscape Architect of Record
shall inspect and certify that all required landscaping is in
compliance with the approved Landscape Plans. The City forester
shall approve (sign-off) on these areas as they are completed.
9. Per Section 153.20 of the City's Landscape Code, all new
landscaping, including along Flamingo Road, shall be one hundred
(100%) per cent irrigated.
10. The five (5) foot concrete sidewalk within the
development shall be constructed prior to the issuance of the
Certificate of Occupancy of the adjacent lot. The construction of
the entire sidewalk system shall be completed prior to the issuance
of the final Certificate of Occupancy.
The applicant shall flag and survey wetland areas to be
impacted by review by regulatory agencies and the Department at the
time of environmental permit application.
12. The applicant shall file environmental permit
applications with USACOE, PBC, DERM, DEP and SFWMD and provide
findings to the Department for reference and review prior to
approval of construction drawings or commencement of land
alteration, whichever occurs first.
The applicant shall use extreme caution when filling in
and around trees and preservation areas to ensure the protection of
the root zone and canopy drip lines area. No changes in pH and
topography/drainage may result in disturbance or destruction of the
preserve area. Protection of trees, preserve and buffer areas
shall be monitored by applicant's landscape architect and/or
environmental consultant during land alternationlconstruction
activities.
11.
\
13.
14. The proposed project shall be micro-sited to ensure the
protection of trees, listed plant and animal species, ensure that
the highest quality wetlands and uplands are preserved intact and
ensure that an adequate buffer is maintained around all preserved
wetlands. Certification shall be required from the applicant's
landscape architect and/or environmental consultant stating the
highest quality trees, preserve and buffer areas and all listed
plant and animal species have been maintained on-site within a
functional ecosystem. This certification shall be submitted prior
to commencement of land alternation/construction.
-4-
15. There shall be a maximum building height restriction of thirty-two
(32) feet for Lots 58 through 84, inclusive.
An eight (8) foot wide concrete pathway shall be constructed along
the north right-of-way line from Prosperity Farms Road to the most westerly end
of Flamingo Road.
Section 5. All condominium documents, homeowner documents and restrictions
shall be furnished by the Petitioner to the City Attorney for review and approval
prior to such documents being recorded in the Public Records of Palm Beach County,
Florida.
16.
Section 6. Prior to the recording of the plat, the petitioner shall provide
the City with a performance bond, letter of credit or escrow agreement in a form
approved by the City in a sum of money prescribed by the City and shall be posted
with the City of Palm Beach Gardens to assure the completion of the infrastructure
including on-site roadways, drainage and utility improvements required for the
Planned Unit Development and common and project landscaping/buffer and entry
feature. From time to time as improvements are completed and approved by the
City, the amount of the performance bond, letter of credit or escrow agreement
shall be reduced by a proportionate amount. Upon completion of all on-site
roadway, drainage and utility improvements required for the Planned Unit
Development, the City shall release said performance bond, letter of credit or
escrow agreement. The infrastructure shall be completed within four (4) years
from effective date of this Ordinance. The Petitioner, for good cause shown, may
obtain an extension of two (2) additional years to complete the infrastructure
shown by approval by subsequent resolution without necessity of advertisement or
public hearing.
Section 7. The development of the Planned Unit Development
shall be commenced within three (3) years from the effective date
-5-
i ii
hereof; provided, however, Petitioner may obtain an extension of
one (1) additional year to commence the first phase for good cause
shown by approval by subsequent Resolution without necessity of
advertisement or public hearing. If Petitioner fails to commence
development as required, the Planned Unit Development shall remain
until such time as the Petitioner secures renewal or amendment of
development, which renewal or amendment shall be in the discretion
of the City council.
Section 8. Modifications to the Planned Unit Development that
are determined to be minor by the City Council may be approved by
subsequent Resolutions without the necessity of review by the
Planning and Zoning commission, advertisement or public hearing.
Section 9. All references to Petitioner and/or Developer,
together with all requirements of this Ordinance shall apply to and
be binding upon the successors and assigns.
Section 10. No Building Permit for the Planned Unit
Development shall be issued until the drainage and paving plans
shall be approved by the City Engineer and all other building
requirements of the City of Palm Beach Gardens Code and
requirements of other governmental agencies, if necessary, shall be
met.
-6-
J ir
Section I1 . Petitioner, prior to the issuance of the first
Building Permit within the Planned Unit Development, shall deliver
to the City a Unity of Control or Unity of Title in requisite form
to be approved by the City Attorney, requiring the lands described
in Exhibit "A" to be developed in accordance with this ordinance.
Section 12. If any part or portion of this Ordinance is found
to be void or defective, the remainder of the Ordinance shall
continue in full force and effect.
Section 13. All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
Section 14. This Ordinance shall take effect immediately upon
passage.
INTRODUCED ON FIRST READING THIS Zhf- DAY OF OCTOBER, 1993
PLACED ON SECOND READING THIS
PASSED AND ADOP,TED;,THIS THE Lph DAY
' /'.. . ~ -
VICE MAYOR MONROE C
co'vnc I LMAN CLARK
MNDX v. KOSIER, CITY CLER~
-7 -
VOTE :
Y , MAYOR RUSSO -
VICE MAYOR MONROE -
COUNCILMAN JABLIN -
COUNCILWOMAN FURTADO -
v
J
COUNCILMAN CLARK - U
ABSENT
EXHIBIT "A"
b. ORDINANCE 22, 1993
EXACT GAL DESCRIPTION OE THE ~UMEC;T PROPERTY
( Att acn ir insutf ic i en t space )
/
West half of Southwest Quarter of Section 29,
Township 41 South, Range 43 Eest, Palm Beach
County, Florida, SUBJEa to a road right-of-
way over the South 40 feet thereof.
LOCATION
The subject property is located approximately
mile(s) from the intersection of properitv Farms Road and
Flaminno Road , on the (north, east, south, west) side
Property Control No.(s) of the subject parcel(s)
West
dr p rooosed Hood Road street.
52-43-41-29-00-000-7020
i fl
c' v
CITY OF PALM BEACH GARDENS
1050(1 N. MILITARY TRAIL PALM BEACH GARDENS. RORIDA 3341B4698
December 20, 1993
Tim Hernandez
Vice President
Pulte Home Corporation
Suite 200
1350 E. Newport Center Drive
Deerfield Beach, FL 33442
Dear Mr. Hernandez:
Enclosed ptease find a copy of Ordinance 22, 1993, approving The Sanctuary PUD.
Ordinance 22, 1993 was approved by the City Council at their Regular Meeting of
November 4, 1993.
Sincerely,
Deputy City Clerk
Enclosure: As Stated
I
i a
RESOLUTION 111, 1994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPROVING THE
PLAT OF THE SANCTUARY, PLAT NO. 1, AS APPROVED
BY ORDINANCE 22, 1993, CONSISTING OF FIVE SHEETS
PREPARED BY BENCHMARK LAND SURVEYING AND MAPPING
AND DATED AUGUST, 1994; AND, DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE THE MYLAR OF SAID PLAT;
AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS , FLORIDA:
Section 1. On behalf of the City of Palm Beach Gardens,
Florida, the Mayor and City Clerk are hereby directed to
execute the mylar of the Plat of "THE SANCTUARY" PUD, Plat No. 1,
as approved by Ordinance 22, 1993. Said Plat consists of five (5)
sheets and prepared by Benchmark Land surveying and Mapping dated
August, 1994.
Section 2. This Resolution shall be effective upon date of
passage.
INTRODUCED, PASSED AND ADOPTED THIS THE '. DAY OF /<i.,,~ , 1994.
. / ,' i
I.
' I'
<[ &.si L ._ 'L ! ,L
MAYOR DAVID W. CLARK
. / ,' i
I.
' I'
<[ &.si L ._ 'L ! ,L
MAYOR DAVID W. CLARK
ATTEST :
LINDA V. KOSIER, CMC, CITY CLERK
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
!
I.. ( 4' '25 L, // / BY: -,
i tccc -4
-">si. CITY ATTORNEY
4 a
CITY OF PALM BEACH GARDENS
1- N. MUTARY TRAIL PALM UEACH cL#uD* 3a41-
Mr. Tim €IuIm&z
putteHame~-~
US0 E. Ncwporr cclder Ikive, Suite #)o
Deerfield Beach, maidr 33442
Dear Mr. Iiemm&z:
EWascdplcasc fioda copy ofRcsdutrm . 111,1994,~U~ thc Plat aftbe sanchr;aty, Plat No.
laS*d%dby oniinmm 22,1993, anddircctingthe Mayor ad City clerk to el~ecutc tbe Mylar
ofsaidPlar~RResdtldonl1%l994,approvingthePktofthc~yPlatNo.%and
directing the Mayor and City Clerk to execute thc Mylar of said Plat.
Resolution lll, 1994d Resolrrcion 112,1994were apprWeabythe City Colmcil at theit Regular
Meeting of August 1% 1994.
Sincerely, .r.&j &Iyy
Cindy key
Acting Deputy City Clerk
Icmh
Encfosllrc - As stated
-_
RESOLUTION 112, 1994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPROVING THE
BY ORDINANCE 22, 1993, CONSISTING OF FOUR SHEETS
PREPARED BY BENCHMARK LAND SURVEYING AND MAPPING
AND DATED AUGUST, 1994; AND, DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE THE MYLAR OF SAID PLAT;
AND, PROVIDING FOR AN EFFECTIVE DATE.
PLAT OF THE SANCTUARY, PLAT NO. 2, AS APPROVED
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. The Mayor and City Clerk are hereby authorized
on behalf of the City of Palm Beach Gardens, Florida, to
execute the mylar of the Plat of "THE SANCTUARYII PUD, Plat No. 2,
as approved by Ordinance 22, 1993. Said Plat consists of four (4)
sheets and prepared by Benchmark Land Surveying and Mapping dated
August, 1994.
Section 2. This Resolution shall be effective upon date of
passage.
INTRODUCED, PASSED AND ADOPTED THIS THE , f .' DAY OF :q;;,LJ; 1994.
4 i . '
-*_ ! L ' J *./ .*#/ - 1 L I-< '- -
MAYOR DAVID W. CLARK
ATTEST :
LINDA V. KOSIER, CMC, CITY CLERK
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
BY: /. L '; 8
..I>>+ CITY ATTORNEY
I
CITY OF PALM BEACH GARDENS
1osQo N. MlUTARY TRAIL PALM BEICH GAR- FWRIDI 334164598
&lr. Tim Hernandez
Pulte Home Corporation
1350 E. Newpart Center Drive, Suite 200
Deerfield Beach, Florida 33442
Dear Mr. Hernandez::
Eodosed please Ma copy of Rcsdution 111,19W, approving the Plat of tbe sanctuary, Plat No.
1 as aped by ordirvmcc 22,1993, and d&g the Mayor and City Clerk to execute the Mylar
of said Plat; and Resolution 112, 1994, approving the Plat of the Sanctuary, Plat No. 2, and
directing the Mayor and City Clerk to execute the Mylar of said Plat.
Re~olutim 111,1994 and Resolution 112,1994 were appmvcd by the City Council at their Regular
Meeting of August 18,1994.
Sincerely,
t+ 4&,, y
Cindy Harvey
Acting Deputy City Clerk
Enclosure - As Stated e
,
April 11,1996
RESOLUTION 66,1996
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING THE
SANCTUARY PLANNED UNIT DEVELOPMENT, APPROVED
ON NOVEMBER 4, 1993 BY ORDINANCE 22, 1993,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the petitioner has requested an amendment to the Sanctuary Planned Unit
Development, by adding a utility easement and a landscape tract to the northwest comer, adding an
easement to access the northern wetland drainage structure, and requesting approval for a
mitigationhestoration plan for areas within upland and wetland preserves along the western and
northern sections of the project; and
WHEREAS, the amendment is consistent with the City's Comprehensive Plan; and
WHEREAS, the amendment is consistent with the City's Land Development Regulations.
NOW, THERE%lXIE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ClTY OF
PALM BEACH GARDFBS, FLORIDA:
Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves
an amendment to the Sanctuary Planned Unit Development, by adding a utility easement and
landscape tract to the northwest corner, adding an easement to access the northern wetland drainage
structure, and a mitigation/restoration plan for areas within upland and wetland preserves along the
western and northern sections of the project.
Section 2. Said amendments shall be in accordance with the plans on file in the City's
Planning and Zoning Department as follows:
1.
2.
4.
5.
6.
7.
8.
I 3.
April 10,1996, The Sanctuary Site Plan by Land Design South. 1 Sheet.
February 5,1996, The Sanctuary Existing Conditions by Land Design South. 1 Sheet.
February 5,1996, The Sanctuary Detail Plan by Land Design South. 1 Sheet.
February 5,1996, The Sanctuary Overall Construction Plan by Land Design South. 1
Sheet.
April 10,1!96, The Sanctuary Habitat Cross Sections by Land Design South. 1 Sheet.
December 19,1995, The Sanctuary Typical 100 Foot Elevation.
January 23,1996, Survey of a Landscape Berm Encroachment Sanctuary Plat 2 by
Bench Mark. 1 Sheet.
January 20,1996, The Sanctuary Paving and Drainage Plan by Schaefer and Fagan.
7 Sheets.
9. December 4,1995, The Sanctuary Preserve Area Contour Plan by Schaefer and Fagan.
3 Sheets.
10. January 22,1996, The Sanctuary Buffer Mitigation Construction Time Schedule by
Land Design South. 1 Sheet.
Section 3. The following conditions shall apply:
1. The replat of the Sanctuary No. 2 shall be approved by City Council prior to the
issuance of any Building Permit for Lots 148 through 152.
2. Tract 0-6 shall be replatted to change the tract from open space status to preserve
status. This replat shall be approved by City Council prior to the Certificate of
Occupancy of platted Lots 64 through 67.
3. When the mitigationhestoration work is finished, the petitioners Engineer and
Environmental Consultants shall certify in writing to the City that the site work and
landscapiagwere installed per the approval. The last Certificate of Occupancy shall
not be issued until this condition has been met.
4. The landscaping shall be warrantedguaranteed for one year by thc petitioner from
the date the city accepts certification.
5. The applicant shall provide a copy of the executed drainage easements required
between Lot 163 and 164 and between 159 and 160 prior to the Certificate of
Occupancy of the lotihouse on which the easement is within.
Section 3. This Kesolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED
AITEST:
LINDA V. KOSIER, CMC, CITY CLERK LEGAL SUFFICIENCY
*Y ABSENT ---
VOTE:
MAYOR RUSSO ~- VICE MAYOR FURTADO J, - __
COUNCILWOMAN MONROE --
COUNCILMAN CLARK -- I_--
COUNCILMAN JABLIN Y
CITY OF PALM BEACH GARDENS
lo500 N. MILITARY TRAIL PALM BEACH MDENS. MRlM WlMdee
April 19,1996
Mr. Robert Bentz
Land Design South
1280 Northlake Boulevard
Palm Beach Gardens, Florida 33409
Dcar Mr. Bentz:
Enclosed is a copy of Resolution 66,1996, amending the Sanctuary PUD, approved on November
4,1993 by Ordinance 22,1993, providing for an effective date.
Resolution 66, 1996 was approved at the City Council Regular meeting on April 18,1996.
Sincerely,
Cindy Harvey
Deputy City Clerk
Enclosure: As Stated
July 11, 1996
RESOLUTION 106, 1996
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, APPROVING THE
SANCTUARY REPLAT OF TRACT "0-6".
WHEREAS, the City Engineer has reviewed an application to approve the Sanctuary
Replat of Tract "0-6".
WHEREAS, the City Engineer has determined that the proposed Replat meets all of the
technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and
recommends the approval of the Replat; and
WHEREAS, the Replat is consistent with the City's Comprehensive Plan and LDRs; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. The Mayor and City Clerk are hereby directed and authorized to execute the
Mylar of the Sanctuary Replat of Tract "0-6", consisting of two (2) sheets dated June 1996,
prepared by Bench Mark Land Surveying and Mapping, Inc. attached hereto as Exhibit "A".
Section 2. This Resolution shall be effective upon adoption.
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY
VOTE: AXE NAY ABSENT
J VICE MAYOR FURTADO
COUNCILWOMAN MONROE J
COUNCILMAN CLARK
MAYOR RUSSO J-- --- --
COUNCILMAN JABLIN +-- ---
*
CITY OF PALM BEACH GARDENS
loso0 N. MILITARY TRAIL PALM BEACH GARDENS, FIBRIDA 33410.4698
July 22,1996
Mr. Timothy Hernandez
Pulte Home Corporation
1350 E. Newport Center Drive, Suite 200
Deerfield Beach, Florida 33442
Dear Mr. Hernandez:
Enclosed is a copy of Resolution 105,1996, approving the Replat of Sanctuary Tracts “U-2”,
and Resolution 106,1996, approving the Replat of Sanctuary Tract “0-6”. Resolutions 105 and
106,1996 were approved at the City Council Regular meeting on July 18,1996.
Sincerely,
Cindy Harvey
Deputy City Clerk
Enclosure: As Stated
July 11, 1996
RESOLUTION 105, 1996
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, APPROVING THE
SANCTUARY REPLAT OF TRACTS "U-2".
WHEREAS, the City Engineer has reviewed an application to approve the Sanctuary
Replat of Tracts "U-2".
WHEREAS, the City Engineer has determined that the proposed Replat meets all of the
technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and
recommends the approval of the Replat; and
WHEREAS, the Replat is consistent with the City's Comprehensive Plan and LDRs; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. The Mayor and City Clerk are hereby directed and authorized to execute the
Mylar of the Sanctuary Replat of Tracts "U-2", consisting of three (3) sheets dated June 1996,
prepared by Bench Mark Land Surveying and Mapping, Inc. attached hereto as Exhibit "A".
Section 2. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS /&AY OF
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
BY: &,&&
AND SUFFICIENCY
tY U
VOTE: NAY ABSENT J MAYOR RUSSO
J VICE MAYOR FURTADO
J COUNCILWOMAN MONROE
COUNCILMAN JABLIN r/ 1- - COUNCILMAN CLARK
---
--- ---
---
.- -I i
I
I
I i I
I
I
____. -
Date Prepared: August 16, 2004
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
ORDINANCE 35,2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING ORDINANCE 22, 1993
RELATING TO THE SANCTUARY PLANNED UNIT DEVELOPMENT
(PUD) TO TRANSFER THE MASTER PLAN APPROVAL AND
RELATED CONDITIONS TO A SEPARATE RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 4, 1993, the City Council adopted Ordinance 22,
1993, rezoning and approving the master site plan for a Planned Unit Development
(PUD), including 184 single-family detached and zero lot-line residential units on an
approximately 82-acre site, generally bounded by Hood Road to the south, and
Frenchman’s Creek Planned Community District to the west and north; and
WHEREAS, on August 18, 1994, the City Council adopted Resolution 11 1, 1994
and Resolution 112, 1994, thereby approving “The Sanctuary’’ PUD Plat No. 1 and Plat
No. 2; and
WHEREAS, Ordinance 22, 1993 provided that certain modifications to the PUD
could be made by Resolution of the City Council; and
WHEREAS, the City Council subsequently approved Resolution 66, 1996
amending Ordinance 22, 1993 that required the applicant to replat a portion of “The
Sanctuary’’ PUD Plat No. 2 in order to change Tract 0-6 from open space status to
preserve status; and
WHEREAS, on July 18, 1996, the City Council adopted Resolution 106, 1996,
thereby approving the Replat of Tract “0-6” to Tract “U-3”; and
WHEREAS, the City has received a petition (PUD-03-02) from Sherry L. Hyman,
Esq., on behalf of the Sanctuary Palm Beach Gardens Homeowners Association for
approval of a master plan amendment; and
WHEREAS, the Growth Management Department has reviewed and determined
that said petition is sufficient; and
WHEREAS, on May 25, 2004, the Planning, Zoning and Appeals Board held a
public hearing on said petition; and
WHEREAS, at that meeting, a motion to recommend denial was made, which
motion failed by a vote of 3-3; and
Date Prepared: August 16,2004
Ordinance 35, 2004
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
WHEREAS, 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 I. The provisions of Section 1 of Ordinance 22, 1993 are ratified and
confirmed for the property, as more particularly described below:
LEGAL DESCRIPTION
THE SANCTUARY PLAT NO. 1
LYING AND BEING IN THE WEST ONE-HALF OF THE SOUTHWEST ONE-
QUARTER OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST, CITY OF
PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN
PLAT BOOK 73, PAGES 78 THROUGH 82 IN THE PUBLIC RECORDS OF PALM
BEACH COUNTY.
THE SANCTUARY PLAT NO. 2
LYING AND BEING IN THE WEST ONE-HALF OF THE SOUTHWEST ONE-
QUARTER OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST, CITY OF
PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN
PLAT BOOK 73, PAGES 83 THROUGH 86 IN THE PUBLIC RECORDS OF PALM
BEACH COUNTY.
CONTAINING 82 ACRES, MORE OR LESS.
SECTION 2. Sections 2 - 11, inclusive, of Ordinance 22, 1993 are hereby
transferred to Resolution 176, 2004. The remaining Sections 12 - 14, inclusive, of
Ordinance 22, 1993 shall be renumbered accordingly. Any future amendments to the
PUD and conditions of approval shall be accomplished by Resolution of the City
Council.
SECTION 3. This Ordinance shall become effective immediately upon adoption.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45 46
Date Prepared: August 16, 2004
Ordinance 35, 2004
PASSED this day of , 2005, upon first reading.
PASSED AND ADOPTED this day of ,2005, upon second
and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDINANCES\zoning amendment to the sanctuary - ord 35 2004.doc
AGAINST ABSENT
J
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
1
Date Prepared: August 16,2004
RESOLUTION 47,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE
SANCTUlARY PLANNED UNIT DEVELOPMENT (PUD) LOCATED ON
THE NORTH SIDE OF HOOD ROAD, APPROXIMATELY 1,500 FEET
WEST OF PROSPERITY FARMS ROAD, AS MORE PARTICULARLY
DESCRIQED HEREIN; TO ALLOW A FIFTEEN-FOOT OPEN SPACE
TRACT THROUGH AN UPLAND PRESERVE KNOWN AS TRACT ‘‘U-
3” OF THE SANCTUARY PUD PLAT NO. 2; TO PROVIDE FOR NO
NET LOSS OF PRESERVE ACREAGE ON SITE, AND TO ELIMINATE
FOUR DRAINAGE TRACTS; PROVIDING CONDITIONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ion November 4,1993, the City Council approved Ordinance 22,1993,
thereby approving 184 single-family detached and zero lot-line units on 82 acres; and
WHEREAS, the City has received a request (PUD-03-02) from Sherry Hyman, Esq.,
agent for The Sanctuary PBG Homeowners Association, for approval of an amendment to
the Sanctuary PUD to allow a fifteen-foot lake access tract through Tract “U-3” of the
Sanctuary PUD Plat No. 2, provide for no net loss of preserve acreage on site, and
eliminate four fifteen-foot-wide drainage tracts; and
WHEREAS, these amendments relate to the PUD approval and do not affect the
zoning of the property; and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
WHEREAS, on May 25, 2004, the Planning, Zoning, and Appeals Board held a
public hearing on slaid petition; and
WHEREAS, at that meeting, a motion to recommend denial was made, which
motion failed by a vote of 3-3; and
WHEREAS, the City Council has considered the evidence and testimony presented
by the Petitioner and other interested parties and the recommendations of the various City
of Palm Beach Gafdens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interests af the citizens and residents of the City of Palm Beach Gardens.
Date Prepared: August 16,2004
Resolution 47,2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
NOW, THENEFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Planned Unit Development amendment for The Sanctuary
Planned Unit Development is hereby APPROVED on the following described real property
to allow a fifteen-foot lake access tract through Tract “U-3’’ of the Sanctuary PUD Plat No.
2, allow a portion of open space to be converted to upland preserve in one or more of the
tracts known as “0-I”, “0-2”, and/or “0-3” of the Sanctuary PUD Plat No. 1, and eliminate
four fifteen-foot dr$nage tracts, as more particularly described herein, subject to the
conditions of approval contained herein, which are in addition to the general requirements
otherwise provided by ordinance:
LEGAL DESCRIPTION
THE SANCTUARY PLAT NO. 1
LYING AND BEING IN THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER
OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH
GARDENS, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 73,
PAGES 78 THROUGH 82 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY.
THE SANCTUARY PLAT NO. 2
LYING AND BEING IN THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER
OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH
GARDENS, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 73,
PAGES 83 THROUGH 86 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY.
CONTAINING 82 ACRES, MORE OR LESS.
SECTION 3, Said Planned Unit Development amendment is approved subject to
the following conditSons, which shall be the responsibility of the applicant, its successors, or
assigns:
1. Petitioner shall pay to the City of Palm Beach Gardens, Florida a recreational
impact fee of One Hundred Fifty Thousand Dollars ($1 50,000.00) as follows:
one-hallf (112) of the recreational impact fee or the sum of Seventy-Five
Thousand Dollars ($75,000.00) shall be paid to the City prior to the issuance
of the first building permit; the balance of the recreational impact fee or the
sum of Seventy-Five Thousand Dollars ($75,000.00) shall be paid to the City
prior to the issuance of the 93rd building permit. All impact fees in place at the
time of the first building permit shall be paid at that time.
2
Date Prepared: August 16,2004
Resolution 47, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
2.
3.
4.
5.
6.
7.
a.
A northbound left-turn lane onto Flamingo Road from Prosperity Farms Road
shall be constructed prior to the issuance of the first Certificate of Occupancy.
The corhstruction of the Flamingo Road extension as shown on the approved
Master Development Plans shall be constructed, landscaped, irrigated, and
open to the public prior to the issuance of first Certificate of Occupancy.
The trunks of all new laurel oaks shall be positioned at least twelve (12) feet
from any Seacoast Utility Authority water and wastewater lines.
Prior ta clearing or construction, trees designated for preservation shall be
tagged. Prior to land clearing, the developer shall erect and maintain
protectilve barriers around the drip line of the trees to be protected. All work
shall be inspected and approved by the Landscape Architect of Record and
City Forester prior to the issuance of any Building Department permit requiring
land clearing. Section 153.50 (Tree Protection), Paragraphs B, C, and D shall
also be enforced during construction.
All tree protection/relocation and landscape work shall be performed using
current professional landscaping standards. The Landscape Architect of
Record shall monitor all tree protection efforts, all tree relocation work, all
landscaping work, and any work that affects the outcome of the approved
landscaping plans. The Landscape Architect of Record shall notify the City
prior to any modifications to the approved Landscape Plan.
All trees designated for preservation that die during construction or because of
construction practices shall be replaced using the following schedule: for every
inch of tree caliper lost, three (3) inches of new tree caliper shall be replaced
with like specie. The minimum replacement tree shall be three (3) inches in
diameter. Palms shall be replaced with like specie, one-for-one with minimum
ten (IO] feet height. If the site cannot support the total number of replacement
trees as required above, City Council may permit the developer to donate
excess trees to the City for planting on public lands.
Prior to the issuance of the Certificate of Occupancy, the Landscape Architect
of Record shall certify in writing to the City that the landscaping has been
completed per the approved Landscape Plans. Any changes to the approved
Landsuape Plans shall be approved by the Planning, Zoning, and Appeals
Board or City Council. Once the City has the certified letter from the
Landsaape Architect, the City Forester shall inspect the site for compliance.
Once aompliance has been confirmed by the City Forester, the City Building
Department shall be notified.
3
Date Prepared: August 16,2004
Resolution 47,2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
9.
IO.
11.
12.
13.
14.
15.
16.
Street trees and sidewalks and all associated lot landscaping and any common
area landscaping adjacent to said lot shall be installed prior to the Certificate of
Occupancy of said lot. Prior to final sign-off, the Landscape Architect of
Record shall inspect and certify that all required landscaping is in compliance
with the approved Landscape Plans. The City Forester shall approve (sign off)
on these areas as they are completed.
Per Section 153.20 of the City’s Landscape Code, all new landscaping,
including along Flamingo Road, shall be 100% irrigated.
The five (5) foot concrete sidewalk within the development shall be constructed
prior to the issuance of the Certificate of Occupancy of the adjacent lot. The
construction of the entire sidewalk system shall be completed prior to the
issuanue of the final Certificate of Occupancy.
The applicant shall flag and survey wetland areas to be impacted by review by
regulatory agencies and the Department at the time of environmental permit
application.
The applicant shall file environmental permit applications with USACOE, PBC,
DERM, DEP, and SFWMD and provide findings to the Department for
reference and review prior to approval of construction drawings or
commencement of land alteration, whichever occurs first.
The applicant shall use extreme caution when filling in and around trees and
preservation areas to ensure the protection of the root zone and canopy drip
lines area. No changes in pH and topography/drainage may result in
disturbance or destruction of the preserve area. Protection of trees, preserve,
and buffer areas shall be monitored by applicant’s landscape architect and/or
environmental consultant during land alteration/construction activities.
The prQposed project shall be micro-sited to ensure the protection of trees and
listed plant and animal species; ensure that the highest quality wetlands and
uplands are preserved intact; and ensure that an adequate buffer is
maintained around all preserved wetlands. Certification shall be required from
the applicant’s landscape architect and/or environmental consultant stating the
highestl quality trees, preserve and buffer areas, and all listed plant and animal
specie$ have been maintained on site within a functional ecosystem. This
certification shall be submitted prior to commencement of land alteration /
construction.
There $hall be a maximum building height restriction of thirty-two (32) feet for
Lots 58 through 84, inclusive.
4
Date Prepared: August 16, 2004
Resolution 47, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
17. An eight (8) foot wide concrete pathway shall be constructed along the north
right-ofdway line from Prosperity Farms Road to the most westerly end of
Flamingo Road.
18. All condominium documents, homeowner documents, and restrictions shall be
furnished by the petitioner to the City Attorney for review and approval prior to
such documents being recorded in the Public Records of Palm Beach County,
Florida.
19. Prior to1 the recording of the plat, the petitioner shall provide the City with a
performance bond, letter of credit, or escrow agreement in a form approved by
the City in a sum of money prescribed by the City and shall be posted with the
City of Palm Beach Gardens to assure the completion of the infrastructure,
including on-site roadways, drainage, and utility improvements required for the
Planned Unit Development and common and project landscaping/buffer and
entry feature. From time to time, as improvements are completed and
approved by the City, the amount of the performance bond, letter of credit, or
escrow agreement shall be reduced by a proportionate amount. Upon
completion of all on-site roadways, drainage, and utility improvements required
for the Planned Unit Development, the City shall release said performance
bond, Mer of credit, or escrow agreement. The infrastructure shall be
completed within four (4) years from the effective date of this Ordinance. The
Petitioner, for good cause shown, may obtain an extension of two (2)
additiomal years to complete the infrastructure shown by approval by
subseqluent Resolution without necessity of advertisement or public hearing.
20. The davelopment of the Planned Unit Development shall be commenced
within three (3) years from the effective date hereof; provided, however,
petitioner may obtain an extension of one (1) additional year to commence the
first phlase for good cause shown by approval by subsequent Resolution
without necessity of advertisement or public hearing. If petitioner fails to
commence development as required, the Planned Unit Development shall
remain until such time as the petitioner secures renewal or amendment of
development, which renewal or amendment shall be in the discretion of the
City Cauncil.
21. Modifiaations to the Planned Unit Development that are determined to be
minor by the City Council may be approved by subsequent Resolutions without
the necessity of review by the Planning, Zoning, and Appeals Board,
advertisement, or public hearing.
22. All references to petitioner and/or developer, together with all requirements of
this Orrdinance, shall apply to and be binding upon the successors and
assign$.
Date Prepared: August 16,2004
Resolution 47, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
23. No Building Permit for the Planned Unit Development shall be issued until the
drainagle and paving plans shall be approved by the City Engineer and all other
building requirements of the City of Palm Beach Gardens Code and
requirements of other governmental agencies, if necessary, shall be met.
24. Petitionier, prior to the issuance of the first Building Permit within the Planned
Unit Development, shall deliver to the City a Unity of Control or Unity of Title in
requisite form to be approved by the City Attorney, requiring the lands
‘I to be developed described in Plats 1 and 2 of the Sanctuary PUD
in accordance with this Resolution €Jdkaee.
- I1
25. The lake access pathwav shall not be constructed until the replat for Tract “U-
3” has been approved by the Citv Council and recorded in the public records of
Palm Beach Countv. (Citv Forester, Planning & Zoning)
26. The lake access pathway shall not be constructed until the replat of a
portion(s) of Tract “0-1 ,’I Tract “0-2,” and/or Tract “0-3.” which is equal to or
greatecthan 0.07 acres, are approved bv City Council, and publiclv recorded
as uplaind preserve. (Citv Forester, Planning & Zoning)
27. The Sapctuary HOA shall install an aeration device within the lake tract within
one veDr of the public recordation of the replat of Tract U-3” for the lake
access, pathway.
SECTION 4, Said Planned Unit Development shall be constructed in compliance
with the following plans on file with the City’s Growth Management Department:
27
28 1.
29
30
31 2.
32
33
34 3.
35
36
37
38 4.
I 39
40
41
42 5.
43
44
Site plan dated July 7, 1993, prepared by Land Design South, consisting of
one sheet marked Sheet 1 of 4.
Typicall Entry Plan & Section Buffer & Lighting, dated July 6,1993, prepared by
Land Design South, consisting of one (1) sheet marked Sheet 2 of 4.
Typicall Residential Unit, One Story, Landscape Plans, dated August 16,1993,
prepared by Land Design South, consisting of one (1) sheet marked Sheet 3 of
4.
Typical Residential Unit, Two Story, Landscape Plans, dated August 9, 1993,
prepared by Land Design South, consisting of one (1) sheet marked Sheet 4 of
5.
Elevation Plans, dated May 20,1993, and August 16,1993, prepared by Pulte
Home Corporation, consisting of eighteen (1 8) sheets.
45
46
6. Partial ,Site Plan, stamp dated March 4, 2005, showing 15’ open space tract,
and removal of four drainaqe tracts.
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: August 16, 2004
Resolution 47, 2005
7. Partial Pite Plan, stamp dated March 4, 2005, showinq expanded upland
preservle of 5.95 acres.
SECTION 5., All future amendments to The Sanctuary Planned Unit Development
shall be approved by resolution.
SECTION 6, This approval shall be consistent with all representations made by the
applicant or applicant’s agents at any workshop or public hearing.
SECTION 7, This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
Date Prepared: August 16, 2004
Resolution 47, 2005
PASSED AND ADOPTED this day of , 2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBERLEVY
COUNCILMEMBERVALECHE
COUNCILMEMBER BARNETT
AYE NAY ABSENT
d
G:httorney-share\RESOLUTlONS\sanctuary - reso 47 2005.doc
8
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 3,2005
Meeting Date: April 7,2005
Resolution 8,2005
SUBJECT/AGENDA ITEM
Resolution 8,2005: Frenchman’s Yacht Club - Concurrent Processing Application
Consideration of Approval: A request by Ms. Wendy Mahr, of Gentile, Holloway, O‘Mahoney &
Associates, Inc., on behalf of Avatar Properties, Inc., to allow the concurrent processing of a
rezoning, site plan, Planned Community Development (PCD)/Development of Regional Impact
(DRI) amendment and comprehensive plan amendment for a 14.54-acre site, to be known as the
Frenchman’s Yacht Club, generally located at the southeast corner of Prosperity Farms Road and
Donald Ross Road.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Planning and Zoning
City Attorney
Christine Tatu
Finance NIA
Development
Compliance NIA
Bahareh Keshavarz-Wolfs,
AICP
Approved By:
Originating Dept.:
Manager
Project
Senior Planner
[XI Quasi - Judicial
[ 3 Legislative
[ 3 Public Hearing
Advertised:
[ ] Required
[XI Not Required
Affected Parties:
fcl Notified
[XI Not Required
FINANCE: N/A
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Other-
Budget Acct.#:
NIA
T Council Action:
Approved
App. wl conditions
Denied
Rec. approval
Rec. app. wl conds.
Rec. Denial
Continued to:
Attachments:
0 Section 78-44 LDRs
0 LOS Analysis
Location Map
0 PBC Future Land
Use Atlas
0 Proposed
Development Plans
Resolution 8,2005
Date Prepared: March 3,2005
Meeting Date: April 7,2005
Resolution 8,2005
EXECUTIVE SUMMARY
The subject petition involves a request to allow the concurrent processing of a rezoning, site plan,
Planned Community Development (PCD)/Development of Regional Impact (DRI) amendment and
comprehensive plan amendment for a 14.54-acre site, to be known as Frenchman’s Yacht Club,
generally located at the southeast comer of Prosperity Farms Road and Donald Ross Road. The
applicant is proposing to develop the property as a residential waterfront community consisting of
188 multifamily residential units within four (4) condominium buildings ranging from six (6) to
seven (7) stories in height overlooking the existing Frenchman’s Creek Marina. In order to allow
said development on the subject site, the applicant must obtain approval of the following petitions:
Petition LDR-04-14: A request for approval of an amendment to the text (Sections 78-46
and 78-1 55) of the City’s Land Development Regulations to allow an application to modify
an approved Planned Community Development (PCD) to be filed without documenting
unified control of the entire area within the PCD or providing an agreement signed by all
owners of the PCD only if the PCD is part of an approved Development of Regional Impact
(DRI) and sufficient guarantees for adequate operation and maintenance of common
facilities in the area being modified are provided.
Petition PCD/NOPC-04-02: A request for a Notice of Proposed Change and an amendment
to the Frenchman’s Creek Planned Community DevelopmenUDevelopment of Regional
Impact (PCDDRI) to incorporate a 6.05-acre site located at the southeast comer of Donald
Ross Road and Prosperity Farms Road into the boundaries of said PCDDRI.
Petition CP-04-04: A request for a large-scale land-use change for the 14.54-acre parcel
from a Commercial (C) land-use designation to a Residential High (RH) land-use
designation.
Petition ZON/SP-04-0 1 : A request for a rezoning and master development plan approval to
allow the development of 188 multifamily dwelling units and 9,990 square feet of internal
office/retail space for use by the marina within four (4) condominium buildings ranging
from six (6) to seven (7) stories in height to be called the “Frenchman’s Yacht Club.”
Note: The currently proposed development plans have been attached hereto for reference.
CONCURRENT PROCESSING
Section 78-44 of the City’s Land Development Regulations, entitled Concurrent processing, as
recently amended through the adoption of Ordinance 29, 2004 (attached), establishes the following
criteria that should be considered by the City Council in determining whether or not to accept or
process concurrent development applications (Staffs analysis of whether the proposal meets said
criteria is found subsequent to each applicable item below):
Section 78-44. Concurrent processing.
(a) Concurrent Processing. The city may accept or process applications for concurrent approvals of
a development order with a comprehensive plan amendment (CPA), a development of regional
2
Date Prepared: March 3,2005
Meeting Date: April 7,2005
Resolution 8.2005
impact (DRI), a planned community district overlay (PCD), a planned unit development overlay
district (PUD), or an amendment to any of the foregoing.
(b) City Council Considerations. In determining whether or not to accept or process concurrent
development applications, the city council may consider the following:
(1) Comprehensive plan amendment (CPA). If a CPA is proposed, whether the proposal:
a. Will result in a land use which is incompatible with surrounding uses, including land uses
within and outside the city’s municipal boundaries;
Staff Analysis: The existing land-use designation of the subject parcel is Commercial (C);
the proposed land-use designation is Residential High (RH). As depicted on the attached
location map, the existing land uses adjacent to the subject property are as following:
North: Single Family Residential: Palm Beach County Low Residential 2
Units Per Acre (LR-2) and Palm Beach County Low Residential 3
Units Per Acre (LR-3)
South: Marina and Single Family Residential: City of Palm Beach Gardens
Residential Low (RL)
West: Single Family Residential: City of Palm Beach Gardens Residential
Low (RL)
East: Frenchman’s Creek Preserve: City of Palm Beach Gardens
Conservation (CONS)
The subject property is bounded by Donald Ross Road to the north, Prosperity Farms Road
to the west, the existing Frenchman’s Creek Marina to the south, and the Frenchman’s Creek
Preserve to the east. Due to its location relative to two (2) major arterials and the fact that
the subject site is set apart from the adjacent single family neighborhoods by the aforesaid
physical barriers, it is staffs professional opinion that the requested Residential High (F2H)
land-use designation is reasonably compatible with t.he surrounding existing land uses. It
should be noted that the applicant’s request for master development plan approval for the
subject site includes four (4) condominium buildings ranging in height from six (6) to seven
(7) stories in height. Staff has recommended that the proposed development be redesigned
in a manner that is sensitive to the character of the adjacent communities.
It should also be noted that, as demonstrated in the attached Level of Service Analysis, the
proposed land-use designation will result in a reduction in intensity from that allowed under
the existing Commercial (C) land-use designation.
b. Has been the subject of an objection raised via the Interlocal Plan Amendment Review
Committee (IPARC) or the Countywide Issues Forum;
Staff Analvsis: A Notice of Proposed Amendment relating to the proposed land-use change
3
Date Prepared: March 3,2005
Meeting Date: April 7,2005
Resolution 8,2005
was sent to IPARC on January 12, 2005. As of the date of the preparation of this report, the
City has not received any objections in writing to the requested land-use change from
IPARC or the Countywide Issues Forum. However, staff has received verbal objections
from residents of Frenchman’s Creek and of the neighborhood on the north side of Donald
Ross Road adjacent to the property lying in unincorporated Palm Beach County. Staff has
also received verbal objections from the Palm Beach County Planning Division relating to
the proposed development plan.
c. The proposed CPA is consistent with and furthers the goals set forth in the City’s “vision
statement,” entitled “Our Vision - A Strategic Plan” dated December 5, 1996.
Staff Analvsis: The subject parcel is identified as Residential High (RH) on the above-
referenced plan of the City, which is consistent with the requested land-use designation.
(2) DRI, PCD, or PUD application. Whether an application for approval of a DRI, PCD, or PUD,
or amendment thereto, has received an objection from a neighboring jurisdiction that has been
raised through the development review committee process.
Staff Analvsis: In accordance with the “Joint Agreement for Planning Between the City of Palm
Beach Gardens and the Town of Jupiter” dated December 19, 1995, a copy of the applicant’s
initial submittal for development approval was transmitted to the Town of Jupiter. As of the
date of the preparation of this report, the City has not received any objections in writing from a
neighboring jurisdiction.
(3) Level of service. Whether an application for approval of a DRI, PCD, or PUD, or amendment
thereto, complies with adopted level of service standards or complies with the city’s
concurrency requirements.
Staff Analvsis: As noted in the attached Level of Service Analysis, the applicant has
demonstrated that the proposed number of dwelling units and requested land-use designation
comply with the adopted level of service standards and concurrency requirements of the City.
(4 City benefit. Whether concurrent processing will benefit the city and will not cause an undue
burden or adverse impact to the city.
Staff Analvsis: It is staffs professional opinion that the concurrent processing of the
development order application and comprehensive plan amendment for the subject site will
benefit the City by allowing for a more comprehensive review of the development proposal by
staff, the Planning, Zoning and Appeals Board and the City Council. The request for concurrent
processing will not cause an undue burden or have an adverse impact to the City.
(c) Cessation of processing. If at any time during the concurrent processing, an applicant fails to
satisfy any of the criteria of this section, such as the filing of an objection with the city, then
concurrent processing shall immediately cease. The applicant is responsible at all times to comply
with the requirements and criteria for concurrent processing and bears all risks for failure of an
application to proceed in a timely fashion.
4
Date Prepared: March 3,2005
Meeting Date: April 7,2005
Resolution 8,2005
StaffAnalvsis: The applicant has acknowledged this provision and will ensure its enforcement.
(d) Concurrent processing agreement. At the city’s discretion, an applicant may be required to enter
into a concurrent processing agreement. The agreement shall set forth any and all conditions which
the city deems necessary to ensure master planning or site planning of the affected site is completed.
The city may include reasonable restrictions or limitations on use of the affected property.
Acceptance of the agreement by the applicant shall be a prerequisite for approval of concurrent
processing. The city council, by resolution, shall approve all concurrent processing agreements and
Amendments thereto.
StqffAnalvsis: Unless otherwise directed by the City Council, staff does not feel there is a need for
a concurrent processing agreement at this time.
PUBLIC NOTICE
A copy of the staff report and resolution for the subject petition was forwarded to the Frenchman’s
Creek Property Owner’s Association.
STAFF RECOMMENDATION
It is staffs professional opinion that the subject request to allow for the concurrent processing of a
rezoning, site plan, Planned Community Development (PCD)/Development of Regional Impact
(DRI) amendment together with a comprehensive plan amendment satisfies the requirements set
forth in Section 78-44 of the City’s LDRs, entitled Concurrent Processing. Therefore, staff
recommends APPROVAL of Resolution 8,2005.
5
c LAND DEVELOPMENT 0 78-44
(g) Preliminary review of large scale developments. In order to provide preliminary
comments regarding potential applications for large scale development prior to the formal
development review process, the city council may consider such projects at one or more
workshop meetings. The workshop meetings shall be utilized by the city council to provide
non-binding comments to an applicant as a means to reduce the amount of resources expended
in preparation of plans and formal applications for the city's development review process.
Preliminary review meetings are to be scheduled at the request of an applicant, and shall be
at the risk of an applicant. Requests for preliminary review shall be based upon the
requirements provided herein.
(1) Minimum threshold. The potential application must be of a size that is at or above 80
percent of the numerical thresholds for a development of regional impact, as specified
in F.S. Chapter 380. A potential application must be presented in a conceptual or
preliminary design phase.
Request for review. A request for preliminary review shall comply with the standards
listed below.
a.
(2)
The request for preliminary review shall be submitted to the growth management
department in writing.
The request for preliminary review shall be accompanied by such fees as
approved by the city council.
A request for preliminary ,review shall include a pre-application conference, prior
to any city council workshop.
b.
c.
(3) Staff analysis. Staff analysis of a request for preliminary review shall be limited to a
summary of the application. The analysis shall not include any determination of
consistency with the comprehensive plan, land development regulations, or concur-
rency requirements. The preliminary report also shall not include any proposed
recommendations or conditions of approval.
Workshop meetings. One or more workshop meetings to conduct a preliminary review
shall be scheduled with approval of the city council.
(4)
(h) Liens and fines. A development order application of any type shall not be scheduled for
consideration at a preliminary review, workshop, regular meeting, special meeting, or public
hearing of the planning, zoning, and appeals board or city council unless all liens or fines owed
to the city for the subject property have been paid.
(Ord. No. 17-2000, (i 20, 7-20-00; Ord. No. 17-2004,s 5,6-3-04; Ord. No. 29-2004, 0 3, 8-19-04)
Sec. 78-44. Concurrent processing.
(a) Concurrent processing. The city may accept or process a applications for concurrent
approvals of a development order with a comprehensive plan amendment (CPA), a develop-
ment of regional impact (DRI), a planned community overlay district (PCD), a planned unit
development overlay district (PW), or an amendment to any of the foregoing.
Supp. No. 16 CD78:23
0 78-44 PALM BEACH GARDENS CODE
(b) City council considerations. In determining whether or not to accept or process
concurrent development applications, the city council may consider the following:
(1) Comprehensive plan amendment (CPA). If a CPA is proposed, whether the proposal:
a. Will result in a land use which is incompatible with surrounding uses, including
land uses within and outside the city's municipal boundaries;
Has been the subject of an objection raised via the Interlocal Plan Amendment
Review Committee (IPARC) or the Countywide Issues Forum; and
"he proposed CPA is consistent with and furthers the goals set forth in the city's
"vision statement," entitled "Our Vision - A Strategic Plan" dated December 5,
1996.
b.
c.
(2) DRI, PCD, or PUD application. Whether an application for approval of a DRI, PCD, or
PUD, or amendment thereto, has received an objection from a neighboring jurisdiction
that has been raised through the development review committee process.
Level of service. Whether an application for approval of a DRI, PCD, or PUD, or
amendment thereto, complies with adopted level of services standards or complies
with the city's concurrency requirements.
City benefit. Whether concurrent processing will benefit the city and will not cause an
undue burden or adverse impact to the city.
(3)
(4)
(c) Cessation of processing. If at any time during the concurrent processing, an applicant
fails to satisfy any of the criteria of this section, such as the filing of an objection with the city,
then concurrent processing shall immediately cease. The applicant is responsible at all times
to comply with the requirements and criteria for concurrent processing and bears all risks for
failure of an application to proceed in a timely fashion.
(d) Concurrent processing agreement. At the city's discretion, an applicant may be required
to enter into a concurrent processing agreement. The agreement shall set forth any and all
conditions which the city deems necessary to ensure master planning or site planning of the
affected site is completed. The city may include reasonable restrictions or limitations on use of
the affected property. Acceptance of the agreement by the applicant shall be a prerequisite for
approval of concurrent processing. The city council, by resolution, shall approve all concurrent
processing agreements and amendments thereto.
(Ord. No. 17-2000, 5 21, 7-20-00; Ord. No. 29-2004, 5 4, 8-19-04)
Sec. 78-45. Mandatory pre-application conference.
Before submitting an application for development order approval, an applicant shall meet
with the growth management department to discuss the application, the procedure for review,
and the applicable goals, policies, and objectives of the city's comprehensive plan and the
requirements of this chapter. The growth management director may waive this requirement.
(Ord. No. 17-2000, 6 22, 7-20-00)
Supp. No. 16 CD78:24
P
Frenchman's Yacht Club
Comprehensive Plan Amendment
Please note all responses to each item on the check list are bolded and italicized.
The following professional firms have assisted in the preparation of this application:
0 Mr. George G. Gentile, FASLA
Gentile Holloway O'Mahoney
& Associates, Inc.
1907 Commerce Lane
Suite 101
Jupiter, FL 33458
(561) 575-9557
(561) 575-5260 FAX
(PlanningMte Designhandscape
Architecture)
0 Mr. Paul Twitty, AIA (Architecture)
Schwab, Twitty & Hanser Architectural Group, Inc,
510 North Flagler Drive
Suite 1400
West Palm Beach, FL 33401-4339
(561) 832-5599
(561) 655-4828 FAX
0 Mr. Joel Wantman
The Wantman Group, Inc.
901 Northpoint Parkway
Suite 204
West Palm Beach, FL 33407
(561) 687-2220
(561) 687-1110 FAX
0 Mr. David Lidberg, PLS
Lidberg Land Surveying
675 W. Indiantown Road
Suite 200
Jupiter, Florida 33458
(561) 746-8454
(561) 575-3735 FAX
0 Ms. Mary Lingren
Environmental Services, Inc.
1410 Parklane South
Suite 1
Jupiter, FL 33458
(561) 743-5141
(561) 743-5441 FAX
0 Ms. Yvonne Ziel
YZTC
11440 86th Street North
West Palm Beach, FL 33412
(561) 624-7262
FRENCHMAN'S YACHT CLUB
FUTURE LAND USE MAP AMENDMENT
Prepared by Gentile Holloway O'Mahoney & Associates, Inc.
April 30,2004, Revised February 8,2005, Revised March 7,2005
-1-
(Utilities, Stormwater Management)
(Survey, Legal Drawings)
(Environmental Studies)
(Traffic Analysis)
H
(561) 624-9578 FAX
Application Fees
1. Future Land Use Amendment = $3,000.00
2. Engineering Escrow deposit = $1,000.00
3. Traffic Engineering Fee = $5,200.00
Total Fees Included = $9,200.00
Future Land Use Plan Map Amendment
Legal Description
(See attached Exhibit A of the subject 6.05 acre (“West”) + 8.49 acre (“East”) =
14.54 acre parcel)
Maps
1. An 8 $4” X 11” map of the subject area drawn to scale in miles, shading in the
subject property, its location in relation to the thoroughfare network, and the
proposed Future Land Use Map designation.
Attached (Exhibit B)
2. An 8 $4” X 11” map of the area, indicating the boundary of the subject
property, its location in relation to the thoroughfare network, and the proposed
Future Land Use Map designation.
Attached (Exhibit C)
3. An 8 YZ” X 11” section of the city’s Future Land Use Map, indicating the
subject property, its current land use designation and the land use designation
of abutting properties.
Attached (Exhibit 0)
4. Indicate the comprehensive plan maps, other than the Future Land Use Map,
which will need to be modified to include the proposed amendment.
FRENCHMAN’S YACHT CLUB
FUTURE LAND USE MAP AMENDMENT
Prepared by Gentile Holloway O’Mahoney & Associates, Inc.
April 30,2004, Revised February 8,2005, Revised March 7,2005
-2-
All comprehensive Plan Maps which will need to be modified to include the
proposed amendment are as follows:
Map C - Analysis of Land for Development Suitability.
Map 1-6 - Future Land Use Map 2015
Copies of these maps with the subjectproperty indicated have been included
for your reference. (Exhibit E)
Reports
1. Size of the site in acres or fractions thereof.
Site Area = approximately 14.54 acres.
Description of existing land uses (not designations of subject property and
surrounding properties.
1.
Existing Use of property
The East (8.49 acre) portion of the property is currently being used as a parking lot
for the existing marina facility (not a part of the comprehensive plan amendment).
The West (6.05 acre) parcel of the subject property is currently vacant and
undeveloped and not currently apart of the Frenchman’s Creek DRI.
Existing Use of Surrounding Properties:
e
e
e
e
2.
North: Across Donald Ross Road, Single Family Residences (Unincorporated
Palm Beach County)
South: Immediately to the south is the marina, with Single Family Residences
within the approved Frenchman’s Creek DRI (Palm Beach Gardens) across the
water
East: 11-acre preserve area @art of the approved Frenchman’s Creek DRI)
which was subsequently dedicated to Palm Beach County, and then Intracoastal
Waterway (Palm Beach Gardens)
West: Prosperity Farms Road right-of-way (average 120 feet in width); then
Single Family Residences Frenchman’s Creek DRI (Palm Beach Gardens)
A narrative which summarizes:
FRENCHMAN’S YACHT CLUB
FUTURE LAND USE MAP AMENDMENT
Prepared by Gentile Holloway O’Mahoney & Associates, Inc.
April 30,2004, Revised February 8,2005, Revised March 7,2005
-3-
a) The maximum allowable development under the existing designation for the
site:
The existing Land Use Plan designation for the East site is Commercial (C)
with a zoning designation of Planned Community Development (PCD).
For analysis purposes, agoor area of 35% is assumed for commercial uses.
Therefore, for analysis purposes, the maximum allowable development is
assumed to be as follows:
Total East site area = 8.49 acres
8.49 X 35% lot coverage X 5 stories (ma) = 647,192.70 SF
The existing Land Use Plan designation for the West portion not currently
included in the approved DRI is Commercial (C) with a zoning designation
of Planned Development Area (PDA). The maximum development cannot
accurately be calculated under the existing designation. The subject
property would require, at minimum, a rezoning to PUD in order to be
developed Working under the assumption that a PCD designation could be
acquired, the maximum allowable developed is assumed to be as follows:
Total West site area = 6.05 acres
6.05 x 35% lot coverage x 5 stories (max) = 461,191.5 SF
Total Maximum Allowable Development: 1,108,384.20 SF
b. The maximum allowable development under the proposed designation for the
site:
The proposed Land Use Plan designation for the entire 14.59-acre property
is Residential High (RH). With Planned Community Development (PCD)
zoning, 12 dwelling units per acre are permitted (City of Palm Beach
Gardens Land Development Regulation Table 15). Therefore, the maximum
allowable development under PUD zoning on approximately 14.59 acres
would be 175 dwelling units.
However, an NOPC Application has been prepared and submitted
concurrently with this FLUP Amendment Application to include the West
parcel within the DRI and PCD project. The approved Frenchman’s Creek
DRI was vested for 3,550 dwelling units (4.61 DUs / acre). There are
currently 644 dwelling units constructed within the DIU (south within Palm
Beach Gardens). The proposed development is requesting 188 dwelling
units. This leaves a balance of 2,718 dwelling units within the DRI
following approval of this request. Assuming approval of the NOPC, the
FRENCHMAN’S YACHT CLUB
FUTURE LAND USE MAP AMENDMENT
Prepared by Gentile Holloway O’Mahoney & Associates, Inc.
April 30,2004, Revised February 8,2005, Revised March 7,2005
-4-
total approved units will still be 3,550 dwelling units (4.57 DUs / acre).
Please note that the maximum density permitted for the Residential High
Land Use is 175 dwelling units at twelve units per acre. The request,
however, for 188 units (Feb/OS) is substantially lower than the remaining
vested 2,906 swelling units. For the purposes of this analysis we have used
the greater density.
Current vesting:
Constructed:
Proposed:
Balance:
3,550 dwelling units)
644 dwelling units
188 dwelling units (175 DU plus 13
original vested DU)
2,718 dwelling units
c. A description of the proposed use and information on its compatibility with
the surrounding area.
The proposed plan amendment consists of approximately 14.59 acres
located on the south side of Donald Ross Road, immediately east of its
intersection with Prosperity Farms Road The applicant intends to develop
this parcel as an upscale multvamily residential development.
A zoning designation of PCD currently exists for the East portion of the
site; however a PCD zoning designation will be requested for the remaining
West portion currently not within the approved DRI. This designation would
allow a maximum of 175 dwelling units on the site.
Please note, however that the proposed multifamily/commercial Mix will
have 188 units and 9,990 SF of commercial space. While this density of 260
dwelling units is in excess of the 12 DU/acre, the overall development plan
for Frenchman’s Creek DRI will be at 1.07 dwelling unitsper acre based on
the total built units and theproposed units of this application.
A conceptual site plan showing the proposed multifamily units, office and
existing marina has been prepared and attached as Exhibit F.
4. A statement of justification or reason for the proposed land us amendment, which
is based on the physical characteristics of the site, the impact on public facilities
and services, and the policies of the City.
Physically the site is ideally situated for commercial development. However,
with no commercial development in the surrounding area, and given the quality
of surrounding residential development, the likelihood of such occurring would
be difficult at best for the elected officials to approve. This vacant piece of land
offers a unique opportunity for a residential development that will take into
consideration the surrounding existing residential and marina uses. The site
FRENCHMAN’S YACHT CLUB
FUTURE LAND USE MAP AMENDMENT
Prepared by Gentile Holloway O’Mahoney & Associates, Inc.
April 30,2004, Revised February 8,2005, Revised March 7,2005
-5-
enjoys an unobstructed view of the harbor, of which the applicant intends to
take full advantage.
The impact on public facilities will be based on residential and commercial
development. There will be a reduction in the impacts on public facilities and
services including police, fire and solid waste due to the fact that this is
proposed to be a multi-use development as opposed to a commercial
development. Seacoast Utility authority has provided us with a letter indicating
that capacity of potable water and sanitary sewer services is available for the
proposed development. Specific impacts to services, such as water, sewer, etc,
are addressed elsewhere in this application.
The subject site is contiguous to the boundaries of the approved DRI and
incorporates lands currently within the city of Palm Beach Gardens. The parcel
has a current Palm Beach Gardens comprehensive land use designation of
Commercial, This request is to amend the land use designation to RH
(Residential High), which is consistent with the Vision Plan Adopted by the City
Council of Palm Beach Gardens on November 22,1996.
It is proposed that the property be utilized for the development of multifamily
residential units at a maximum density of 12 units per acre maximum (302
dwelling units). The proposed residential multifamily, office will utilize the
subject property.
Because the Frenchman’s Creek (South) DRI permits up to 3,550 dwelling
units, and because the remainder of the Frenchman’s Creek (South) DRI
contains 644 dwelling units, the additional proposed dwelling units on the
marina site will result in a maximum current dwelling unit total of 832 units.
This total unit count is well below the approved units for the entire
Frenchman’s Creek (South) DRI as well as below the total 6,000 units
originally permitted for Frenchman’s Creek DRI in total (both north and south
parcels).
5. A description of the ability of and demand on public facilities, indicating the
proposal’s impact on established level of service standards: traffic circulation,
sanitary sewer, potable water, solid waste, drainage, recreation and open space.
(NOTE: The most dense or intensive use allowed under the land use category
should be analyzed for its impact on facilities and services.)
The availability of and demand on public facilities has been analyzed based on the
“maximum allowable development” as referenced in question number 3 .b) above.
Traffic Circulation:
Traffic circulation has been analyzed by Yvonne Ziel. A copy of this analysis
is attached. (Exhibit G).
FRENCHMAN’S YACHT CLUB
FUTURE LAND USE MAP AMENDMENT
Prepared by Gentile Holloway O’Mahoney & Associates, Inc.
April 30,2004, Revised February 8,2005, Revised March 7, 2005
-6-
.
Sanitary Sewer
Sanitary Sewer services will be provided by Seacoast Utility Authority.
1) Level of service required for existing Palm Beach Gardens land use
(Commercial - C) on 14.59 acres is based on 221,676.84 square feet of
commercial use.
Sewer Demand Estimate = 1,108,384.20 X 0.1 gallondsquare foot =
110,838.42 gallons
Total Sewer Demand Estimate = 110,838.42 nallonddav
2) Level of service required for proposed land use RH is based on the
following:
The Seacoast Utility Authority has established a level of service for sewer
demand based on the RH land use (Multifamily). This demand is as follows:
2.4 persondunit and 10 7 gaUday/capita
2.4 X 188 DUX 10 7 gaUday/captive = 48,2 78.40 gayday
9,990 SF commercial X.10 gallons/day = 999 gallondday.
Total Sewer Demand Estimate = 49,2 77.40 gallons/day (0.0492 7 MGD)
Note that the sewer demand for the proposed change in land use is lower
than the demand for the current land use.
Since the units that are proposed for the project are within the vested units
approved for the DRI (3,550 dwelling units) the sanitary sewer demand has
been accounted for when the DRI and PCD was approved
Potable Water:
Potable water services will be provided by the Seacoast Utility.
1) Level of service require for existing Palm Beach Gardens land use
(Commercial-C) on 14.59 acres is based on 1,108,384.20 square feet of
commercial use.
Water Demand Estimate = 1,108,384.20 X 0.10 gallondsquare foot =
11 0,838.42 gallondsquare foot.
Total Water Demand Estimate = 11 0,838.42 gallons/day.
FRENCHMAN’S YACHT CLUB
FUTURE LAND USE MAP AMENDMENT
Prepared by Gentile Holloway O’Mahoney & Associates, Inc.
April 30,2004, Revised February 8,2005, Revised March 7,2005
-7-
2) Level of service required for proposed land use RH is based on the
following:
The City of Palm Beach Gardens has established a level of service for water
demand based on the RH land use (Multifamily). This demand is as follows:
2.4persondunit X 191 gaUcapita - SIU
188 units X 2.4persondunit X 191 gavcapita - 86,179.2 gaVDU/day
9,990 SF Commercial X 0.1 gaVSF = 999 gapday
Total Water Demand Estimate = 8 7,178.2 gallons/day (0.08 71 8 MGD)
Note that the water demand for the proposed change in
land use is lower than the demand for the current land use. Since the units
that are proposed for the project are within the vested units approved for the
DRI (3,550 dwelling units) the potable water demand has been accounted
for when the DRI and PCD was approved
Drainage:
The site is located adjacent to the Intracoastal Waterway and adjacent to an
existing Marina Basin. Storm drainage outfall will be to the Intracoastal
Waterway following the required treatment for water quality and stormwater
detention to meet allowable discharge requirements.
Levels of service have been established by the City of Palm beach Gardens
for all properties within the City limits. These levels of service are as
follows:
Finished Floor elevations for all structures shall be set above the 100 year -
3 day storm event with zero discharge or aspermitted by the SFWMD.
Conveyance and retention/detention design shall be for a 25-year - 3 day
storm event for projects greater than 10 acres.
Off-site discharges shall be limited to historic @redevelopment) discharges
or as required by the SFWMD.
Water quality retention/detention requirements shall be the based on the
first inch of runoff or 2.5 inches X the percent impervious (or as required by
the SF WMD).
The impact of the proposed land use change will not adversely affect the
current or proposed levels of services for drainage. The design of the
drainage system for this property, regardless of the land use, will be
FRENCHMAN’S YACHT CLUB
FUTURE LAND USE MAP AMENDMENT
Prepared by Gentile Holloway O’Mahoney & Associates, Inc.
April 30,2004, Revised February 8,2005, Revised March 7,2005
-8-
required to meet the levels of service of the city of Palm Beach gardens and
the SFWMD. The capacity of the receiving body (Intracoastal Waterway) is
adequate for the site.
A Drainage Statement has been prepared by Southern Design Group, Inc. A
copy of this statement is attached (Exhibit 4.
Solid Waste:
Solid waste collection will be provided by the Waste Management, Inc. A
copy of a service availability letter from Waste Management is being
forwarded to our office. .
1) Based on information provided by the City of Palm Beach Gardens, it can
be estimated that the retail waste generation rate can be calculated at 5.5 Ibs
per square foot per year
Level of service required for current designation of Commercial at
1,108,384.20 SF:
1,108,384.2 X 5.5 Ibs/SF/yr +365 = 16,701.68 Ib/day
2) Based on information provided by the Solid Waster Authority, it can be
estimated that the residential waste generation rate can be calculated at 7.03
Ibs per capita per day with 2.4personsper unit.
Level of service required for proposed amendment to RH based on 12
dwelling units/acre + 13 units additional proposed:
188 dwelling units X 2.4personsper residence X 7.13 Ibdcapitdday =
3,217.06 labdday
9,990 SF Commercial X 5.5 Ibs/SF/yr + 365 day/yr = 150.53 IbdSF/day
Total solid waste demand = 3,367.59 lbslday.
Dumpsters would be provided on site and enclosedper the City of Palm
Beach Gardens standards for the office use. The Residential will also have
dumpsters within the facility.
Recreation and Open Space:
The residential development anticipated is limited to a maximum of 188
dwelling units with a projected population of 188 X 2.4 P/HH = 457.2 persons.
The City’s recreation land requirements are based on a ratio of 3.7 acres per
1,000 persons. The requirement for 451.2 persons, therefore is one point six
FRENCHMAN’S YACHT CLUB
FUTURE LAND USE MAP AMENDMENT
Prepared by Gentile Holloway O’Mahoney & Associates, Inc.
April 30,2004, Revised February 8,2005, Revised March 7,2005
-9-
seven (1.67) acres. Since the units that are proposed for the project are within
the vested units approved for the DRI (3,550 dwelling units) the recreation
demand has been accounted for when the DRI and PCD was approved
Analysis of the character of any vacant lands in order to determine suitability of
use, including:
(See attached environmental report by Environmental Services, Inc:.
Exhibit K)
FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES:
Goal 1.1, Obiective 1.1.1, Policies 1.1.1.1 through 1.1.1.8 require revisions, where
necessary, to the City’s land development regulations in order to implement the
Comprehensive Plan. The site will be designed in compliance with the city’s adopted
land development regulations and the requirements of the approved PCD (Planned
Community Development).
Goal 1.1, Obiective 1.1.3, Policies 1.1.3.1 through 1.1.3.2 require development and
redevelopment permits to be issued only in areas where suitable topography and soil
conditions exist to support such development. Documentation will be provided
through the regulatory permitting process which demonstrates that the soil and the
topography are capable of supporting the proposedproject
Goal 1.1, Objective 1.153, Policies 1.1.5.5 throuph 1.1.5.6 requires future growth to
be directed to areas as depicted on the Future Land Use map, consistent with sound
planning principals, natural limitations, the Comprehensive Plan, and desired
community character. Policy 1.2.5.6 directs the City to review, and revise, where
necessary, land development regulations requiring subdivisions t be designed so that
all individual lots have access to the internal street system, and lots along the
periphery are buffered from major roads and incompatible land uses. The proposed
development is an appropriate land use next to a residential neighborhood to the north,
south and west, and the preserve area located to the east of the subject property. Infill
development is desired in coastal communities and the eastern corridor. The Eastward
Ho! Initiative encourages residential development at higher densities due to the fact
that infrastructure and governmental services typically already exists. Creative infill
development is the most viable way to accommodate growth and improve South
Florida’s economic and environmental health.
Goal 2.1, Obiective 2.1.1, Policx 2.1.1.3 require the City to review all proposed
developments for consistency with the Goals, Objective and Policies of this plan,
including consistency with the traffic circulation plans and the level of service
standards. The impact of traffic generated by a proposed project on the roadway
network within and serving the City shall be measured based on project build out
by phases and on the radius of development influence shown on Table 2-10. Please
FRENCHMAN’S YACHT CLUB
FUTURE LAND USE MAP AMENDMENT
Prepared by Gentile Holloway O’Mahoney & Associates, Inc.
April 30,2004, Revised February 8,2005, Revised March 7,2005
-10-
refer to the attached traffic analysisprepared by Yvonne Ziel, YZTC which analyzes
the effect the traffic from this project will have on the road network
HOUSING ELEMENT GOALS, OBJECTIVE AND POLICIES:
Goal 3.1, Obiective 3.1.1, Policies 3.1.1.1., 3.1.1.1 & 3.1.1.4 require the City to assist
the private sector in meeting the housing needs of the anticipated populations of the
City by encouraging a variety of housing types, costs and sized. The proposed
development will provide a quality, multifamily development which is accessible from,
and located in close proximity to, existing major thoroughfares and infrastructure. By
allowing this site to developed at a higher density, an alternative to the primary module
of housing is proposed Urban sprawl is based on the proliferation of low-density single
family residential development. The proposed project will be a multi-family community
with some office in the existing marina operation; therefore, providing an alternate
housing type to future City residents.
INFRASTRUCTURE ELEMENT GOALS, OBJECTIVES AND POLICIES:
Goal 4.A.1, Obiective 4.A.1.1, Policies 4.A.1.1.1 through 4.A.1.1.5 requires all
submittals for development to obtain a statement of available capacity from
Seacoast Utility Authority prior to site-plan approval. The issuance of building
permits will require an executed developer agreement with Seacoast Utility
Authority and a certificate of occupancy will not be issued prior to acceptance by
Seacoast Utility Authority of the sanitary sewer facilities which service the
buildings. This project will obtain the appropriate approvals from Seacoast Utility
Authority for sanitary sewer at the proscribed time during the review process. Please
refer to the attached letter provided by Seacoast Utility Authority relating to sanitary
sewer services.
Goal 4.D.1, Obiective 4.D.1.1, Policy 4.D.1.1.6 states “The City shall not approve
development permits, which approved, would cause potable water facilities
servicing the city to operate at levels below the levels of service standards
established in Policies 4.D.1.1.1 through 4.D.1.1.5.” Approval of the plan amendment
for this project and subsequent approvals will not cause a reduction in the specified
levels of service standard Please refer to attached letter provide by Seacoast Utility
Authority relating to potable water.
Goal 4.D.1, Obiective 4.D.1.5, Policies 4.D.1.5.1 throuph 4.D.1.5.3 require all
submjttals for development to obtain a statement of available capacity from
Seacoast Utility Authority prior to site plan approval, an executed agreement for
service prior to issuance of a building permit, and written acceptance of water
facilities prior to issuance of a Certificate of Occupancy. The petitioner acknowledges
these regulatory sign-offs are required during the review process and will comply at the
appropriate time.
FRENCHMAN’S YACHT CLUB
FUTURE LAND USE MAP AMENDMENT
Prepared by Gentile Holloway O’Mahoney & Associates, Inc.
April 30,2004, Revised February 8,2005, Revised March 7,2005 - 11 -
Goal 4.D.2, Obiective 4.D.2.1, Policies 4.D.2.1.1 and 4.D.2.1.2 require water
conserving plumbing fmtures in new construction and discourage the use of potable
water for irrigation in new developments. The petitioner will demonstrate compliance
with these requirements during the land development approval process.
Goal 5.1, Objective 5.1.6, Policies 5.1.6.1 and 5.1.6.3 require that the City review,
and revise, where necessary, land development regulations in order to ensure that
building and development activities are carried out in a way to protect life and
property from hurricanes and floods. The site will be designed and maintained in
compliance with the City’s adopted land development regulations, and the approved
and amended PCD Ordinance.
Goal 5.1, Obiective 5.1.7, Policies 5.1.7.1 and 5.1.7.2 require that the City
coordinates and cooperates with the County in order to maintain the hurricane
evacuation time as established in the Palm Beach County Emergency Plan. The
proposed development will be consistent with these goals, objectives and policies.
CONSERVATION ELEMENT GOALS, OBJECTIVES AND POLICIES:
Goal 6.1, Obiective 6.1.2, Policies 6.1.2.2.a.b.c.d.e.f, 6.1.2.4,6.1.2.6 and 6.1.2.7
Require adoption of regulations by the City to manage natural habitats and manage
surface and subsurface water resources. The City will apply the adopted regulations
at the time of site plan review to ensure that the object is met.
Goal 6.1, Objective 6.1.5, Policies 6.1.5.1, 6.1.5.2, 6.1.5.4 and 6.1.5.5 specify updates
to the City’s land development regulations, where necessary, to ensure that all
ecological communities, wildlife and marine life especially endangered and rare
species, are identified, managed and protected. An inspection of the property was
performed to determine if there was any endangered, rare or threatened species of
concern. Please refer to the attached document, “Environmental Assessment,” for
further in formation by ESL Based on the existing site conditions, development orders
consistent with the City’s policies for conservation and protection of wildlife, marine
life and natural systems can ultimately be issued for the project.
Goal 6.1, Obiective 6.1.7 require that the City review and revise, where necessary,
any land development regulations and development policies in order to provide
conservation measures on newly annexed lands to comply with the goals, objectives
and policies of the Comprehensive Plan. The proposed development will be reviewed
in accordance with the City’s adopted land development regulations and approved or
amended PCD Ordinance.
Goal, 6.1, Objective 6.1.9, Policies 6.1.9.1 throuph 6.1.9.4 requires the City, in
conjunction with other regulatory agencies having jurisdiction, shall ensure the
protection and preservation of native habitats and maximize the provision of open
space for this purpose. The City, through its site plan and subdivision review
process shall endeavor to connect open space and conservatiodpreservation areas
FRENCHMAN’S YACHT CLUB
FUTURE LAND USE MAP AMENDMENT
Prepared by Gentile Holloway O’Mahoney & Associates, Inc.
April 30,2004, Revised February 8,2005, Revised March 7,2005 - 12-
with pedestriadnature trailways wherever possible. Although there are no identified
preserve or conservation areas on this site, open space will be incorporated into the
design in order to achieve the City’s minimum open space requirements as specified in
the land development regulations. Note that land has already been set aside as a result
of the Frenchman’s Creek DRI, of which the subjectparcels are or will be apart.
RECREATION AND OPEN SPACE ELEMENT GOALS, OBJECTIVE AND
POLICIES:
Goal 7.1, Objective 7.1.1, Policies 7.1.1.1 through 7.1.1.3 require the City to provide
active and passive recreation facilities for a broad range of activities. Demand for
those facilities shall be managed through level of service standards (3.5 acres of
improved neighborhood and community parks for each 1,000 permanent city
residents.) Since the units that are proposed for the project our below the vested units
approved for the DRI (3,550 dwelling units) the recreation demand has been accounted
for when the DRI and PCD was approved
Goal 7.1, Obiective 7.1.2, Policy 7.1.2.1 allow for the collection of fees by the City in
order to meet the recreational program needs. Since the units that are proposed for
the project our below the vested units approved for the DRI (3,550 dwelling units) the
recreation demand has been accounted for when the DRI and PCD was approved
Therefore there should be no additional fees for this project.
INTERGOVERNMENTAL COORDINATION ELEMENT GOALS,
OBJECTIVES AND POLICIES:
Goal 8.1, Obiective 8.1.1, Policy 8.1.1.2 requires that the City notify Palm Beach
County in writing (prior to the application being considered by the City’s Planning
and Zoning Commission) of all applications for rezoning land which is contiguous
with the County. The subject property is contiguous to unincorporated Palm Beach
County, therefore, the County must be notified by the City prior to the rezoning
application for PCD for the West portion being considered by the City’s Planning and
Zoning Commission.
CAPITAL IMPROVEMENTS ELEMENT GOASL, OBJECTIVE AND
POLICIES:
Goal 9.1, Obiective 9.1.1, Policies 9.1.1.1 throuph 9.1.1.4 require the City to use its
Capital improvements Element to ensure construction of capital facilities in a timely
manner in order to meet the public safety needs of the residents, maximize the use of
existing facilities and promote orderly, compact development. The requested plan
amendment furthers the City’s actions because the site is an infillpiece which does not
place additional pressure to develop areas away from the existing urban centers where
service is currently available. The proposed development represents a logical extension
of facilities and services.
FRENCHMAN’S YACHT CLUB
FUTURE LAND USE MAP AMENDMENT
Prepared by Gentile Holloway O’Mahoney & Associates, Inc.
April 30,2004, Revised February 8,2005. Revised March 7,2005
- 13.
Goal 9.1, Obiective 9.1.2, Policies 9.1.2.1 through 9.1.2.3 specify future development
shall bear a proportionate cost of facility improvements necessitated by the
development in order to maintain adopted LOS standards. The petitioner will
participate in the impact fee collection system adopted by the City in order to assist the
City in maintaining the adopted LOS system.
Goal 9.1, Obiective 9.1.4, Policies 9.1.4.1 through 9.1.4.7 define the City’s Level of
Service (LOS) Standards and how those standards will be applied. This project shall
comply with the City’s adequate public facilities ordinance to ensure that at the time a
development order of permit is issued, sufficient facility capacity is available or will be
available concurrent with the impacts of the development. The proposed plan
amendment will not exacerbate any existing condition of public facility capacity
deficits, or generate public facility demands that may be accommodated as planned in
the 5 Year Schedule of Improvements. The request is consistent with existing land uses
surrounding the site and is well under the vested development intensities of the
Frenchman’s Creek DRL
PUBLIC SAFETY ELEMENT GOALS, OBJECTIVE AND POLICIES:
Goal 10.1, Obiective 10.1, Policy 10.1.11 state that the City shall continue to provide
adequate facilities to ensure the provision of an effective public safety program, that
the City shall develop alternative funding methods to ensure that new development
pay its proportionate share of the cost of providing public safety facilities,
equipment, etc., and that the City prefers the use of police and fire impact fees as a
method to more equitably distribute the cost for public safety services. The
development shall pay its fair share impact fee for police and fir protection as specified
in the City’s land development regulations or as previously stipulated in the DRI or
approved PCD Ordinance.
17.
18.
19.
20.
A description of the effect of the Comprehensive Plan elements, indicating
specific changes or modifications that will be needed for internal consistency.
The map change requested will not require any text changes to the
Comprehensive Plan elements.
Copies of prior development approvals, including development order conditions.
Please find attached copies of prior development approvals. (Exhibit N)
Relationship of the proposal to the Evaluation and Appraisal Report, if applicable.
The proposed amendment was based on data from the Evaluation and
Appraisal Report-Based Amendment of 6/98.
A listing entitled “Consistency of the Local Comprehensive Plan with the State
Comprehensive Plan” prepared pursuant to Rule 95-5.02 1 (4), FAC.
FRENCHMAN’S YACHT CLUB
FUTURE LAND USE MAP AMENDMENT
Prepared. by Gentile Holloway O’Mahoney & Associates, Inc.
April 30,2004, Revised February 8,2005, Revised March 7,2005 - 14-
1
ADDITIONAL ATTACHMENTS
1. A. Plat of Frenchman’s Creek DRI, south
B. Legal Description with acreage computed to near 1/10 acre from the
approved plats.
2. Agent Authorization from Frenchman’s Marina Resort Limited Partnership, a
Florida Limited Partnership and Avatar Development, Inc. contract purchaser to
Gentile Holloway O’Mahoney & Associates, Inc.
3. A certified list of Property Owners within 300’ of the subject parcel.
4. Title Certification of the property
FRENCHMAN’S YACHT CLUB
FUTURE LAND USE MAP AMENDMENT
Prepared by Gentile Holloway O’Mahoney & Associates, Inc.
April 30,2004, Revised February 8,2005, Revised March 7,2005
-15-
S
I
I
J
U
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date
RESOLUTION 8,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ALLOWING THE CONCURRENT
PROCESSING OF A REZONING, SITE PLAN, PLANNED
COMMUNITY DEVELOPMENT (PCD) I DEVELOPMENT OF
REGIONAL IMPACT (DRI) AMENDMENT AND COMPREHENSIVE
SOUTHEAST CORNER OF DONALD ROSS ROAD AND
PROSPERITY FARMS ROAD, AS MORE PARTICULARLY
DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE.
PLAN AMENDMENT FOR A 14.54-ACRE SITE LOCATED AT THE
WHEREAS, the City of Palm Beach Gardens has received an application
(Petition MISC-04-29) from Ms. Wendy Mahr of Gentile, Holloway, O’Mahoney &
Associates, Inc., on behalf of Avatar Properties, Inc., to allow the concurrent processing
of a development order application and a comprehensive plan amendment for a 14.54-
acre site, to be known as the “Frenchman’s Yacht Club,’’ generally located at the
southeast corner of Prosperity Farms Road and Donald Ross Road; and
WHEREAS, Section 78-44, Code of Ordinances, entitled Concurrent processing,
establishes criteria that should be considered by the City Council in determining
whether or not to accept or process concurrent development applications; and
WHEREAS, the Growth Management Department has reviewed the request for
concurrent processing and determined that it satisfies the aforesaid criteria; and
WHEREAS, the City Council has determined that the concurrent review of a
development order application and comprehensive plan amendment for the 14.54-acre
site will result in a more comprehensively planned project in this instance, and therefore,
deemed approval of this Resolution to be in the best interest of the citizens and
residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
approves a request to allow the concurrent processing of a development order
application and a comprehensive plan amendment for a 14.54-acre site, to be known as
the “Frenchman’s Yacht Club,” generally located at the southeast corner of Prosperity
Farms Road and Donald Ross Road, as more particularly described below:
F- ~~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: March 7,2005
Resolution 8, 2005
PROPERTY LEGAL DESCRIPTION:
PARCEL "B", BEING A PORTION OF TRACT "A", AS SHOWN ON THE PLAT OF
FRENCHMAN'S CREEK MARINA (A P.U.D.), RECORDED IN PLAT BOOK 67, PAGES
132 THROUGH 134, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND
A PORTION OF THE PLAT OF FRENCHMAN'S CREEK YACHT CLUB, A P.U.D., AS
RECORDED IN PLAT BOOK 67, PAGES 130 AND 131, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF TRACT "A", AS SHOWN ON THE
PLAT OF SAID FRENCHMAN'S CREEK MARINA, A P.U.D.; THENCE SOUTH
19'54'45" EAST ALONG THE EAST LINE OF SAID TRACT "A", A DISTANCE OF
ROSS ROAD AS DESCRIBED IN OFFICIAL RECORD BOOK 9635, PAGE 429,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE POINT OF
BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE SOUTH
19'54'45" EAST CONTINUING ALONG THE EAST LINE OF SAID TRACT "A", A
DISTANCE OF 565.38 FEET; THENCE NORTH 89'27'49" WEST, A DISTANCE OF
259.11 FEET; THENCE NORTH 19'54'25" WEST, A DISTANCE OF 86.43 FEET;
THENCE NORTH 19'46'19" WEST, A DISTANCE OF 45.75 FEET; THENCE NORTH
19'33'24" WEST, A DISTANCE OF 35.26 FEET; THENCE NORTH 87'30'24" WEST, A
DISTANCE OF 156.81 FEET; THENCE NORTH 87'15'29" WEST, A DISTANCE OF
68.33 FEET; THENCE NORTH 87'31'57" WEST, A DISTANCE OF 79.27 FEET;
THENCE NORTH 87'25'30" WEST, A DISTANCE OF 416.1 1 FEET; THENCE NORTH
02'36'14'' EAST, A DISTANCE OF 25.14 FEET; THENCE NORTH 87'25'30" WEST, A
DISTANCE OF 10.00 FEET; THENCE SOUTH 02'36'14" WEST, A DISTANCE OF
25.14 FEET; THENCE NORTH 87'25'30" WEST, A DISTANCE OF 115.39 FEET;
THENCE SOUTH 17'49'09" WEST, A DISTANCE OF 50.16 FEET; THENCE SOUTH
23'55'05" WEST, A DISTANCE OF 36.31 FEET; THENCE SOUTH 31 '35'05" WEST, A
DISTANCE OF 30.84 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE
TO THE NORTHWEST, HAVING A RADIUS OF 38.52 FEET, A RADIAL BEARING OF
NORTH 46'37'17" WEST AND A CENTRAL ANGLE OF 70'07'59"; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 47.15
FEET; THENCE NORTH 64'51'51" WEST, A DISTANCE OF 17.65 FEET TO A POINT
OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF
38.14 FEET, A RADIAL BEARING OF SOUTH 36A01'38" WEST, AND A CENTRAL
ANGLE OF 80'17'39"; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 53.44 FEET TO A POINT OF A REVERSE CURVE, CONCAVE TO
THE NORTHWEST, HAVING A RADIUS OF 66.00 FEET, A RADIAL BEARING OF
NORTH 04'24'54'' WEST AND A CENTRAL ANGLE OF 31'32'57"; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 36.34
FEET; THENCE SOUTH 86'53'16" WEST, A DISTANCE OF 26.74 FEET TO A POINT
DESCRIBED IN OFFICIAL RECORD BOOK 9568, PAGE 925, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA AND A POINT OF CURVATURE OF A CURVE
124.12 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF DONALD
ON THE EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD AS
2
Date Prepared: March 7, 2005
Resolution 8,2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 635.00 FEET, A RADIAL
BEARING OF NORTH 56'02'10" EAST AND A CENTRAL ANGLE OF 46'30'33";
ARC OF SAID CURVE, A DISTANCE OF 515.45 FEET TO THE POINT OF
TANGENCY; THENCE NORTH 12'32'43" EAST, A DISTANCE OF 117.39 FEET;
THENCE NORTH 52'33'10" EAST, A DISTANCE OF 44.53 FEET TO A POINT ON
DESCRIBED IN OFFICIAL RECORD BOOK 9635, PAGE 429, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; SAID POINT LYING ON A CURVE CONCAVE TO
THE SOUTH, HAVING A RADIUS OF 3439.96 FEET, A RADIAL BEARING OF SOUTH
05'29'38" WEST, A CENTRAL ANGLE OF 06'47'56"; THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 408.20 FEET TO A POINT OF
REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTH, HAVING A
RADIUS OF 3560.00 FEET AND A CENTRAL ANGLE OF 04'39'32"; THENCE
A DISTANCE OF 289.47 FEET TO A POINT ON THE WEST LINE OF SAID TRACT
LINE AND THE WEST LINE OF SAID TRACT "A, A DISTANCE OF 20.10 FEET TO A
RADIUS OF 3580.00 FEET, A RADIAL BEARING OF NORTH 07'36'1 1" EAST AND A
CENTRAL ANGLE OF 07'31'32"; THENCE EASTERLY ALONG SAID ARC AND
TANGENCY; THENCE SOUTH 89'55'21" EAST, A DISTANCE OF 64.14 FEET TO
THE POINT OF BEGINNING.
THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND THE
THE SOUTHERLY RIGHT-OF-WAY LINE OF DONALD ROSS ROAD, AS
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY LINE,
,'A"; THENCE SOUTH 01 '52'43" WEST CONTINUING ALONG SAID RIGHT-OF-WAY
POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A
RIGHT-OF-WAY LINE, A DISTANCE OF 470.22 FEET TO THE POINT OF
CONTAINING 14.54 ACRES, MORE OR LESS.
SECTION 3. Said approval shall be consistent with all presentations made by
the applicant or applicant's agent at any workshop or public hearing.
SECTION 4. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
3
Date Prepared: March 7, 2005
Resolution 8,2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
PASSED AND ADOPTED this day of ,2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBERLEVY ---
COUNCILMEMBERVALECHE ---
COUNCILMEMBER BARNETT ---
G:\attorney-share\RESOLUTlONS\frenchmans yacht club - reso 8 2005.doc
4
d
; :,7
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 11,2005
Meeting Date: April 7,2005
Resolution 38,2005
SUBJECT / AGENDA ITEM:
Resolution 38,2005: NorthCorp Lot 4 - Art in Public Places
Consideration of Approval: A request by Lucy Keshavarz, agent for John C. Bills Enterprises,
for approval of the proposed Art in Public Places for Lot 4 of the NorthCorp Planned
Community Development (PCD). The subject site is generally located at the northwest comer of
Burns Road and East Park Drive.
[ X ] Recommendation to APPROVE with one condition
[ ] Recommendation to DENY
Reviewed by:
Planning & Zoning Director: z
Tala1 Benothman, AICP
City Attorney: / L Chnstine Tatum
Development Compliance:
Charles K. Wu, AICP
Approved by:
Originating Dept.:
Growth Management:
ds Project
Manager
Autumn Sorrow
Planner
[ ] Quasi - Judicial
[ ] Legislative
[ ] Public Hearing
Advertised: NIA
Date:
Paper:
[XI Not Required
Affected parties:
[ ]Notified
fXjTX3 Required
FINANCE: NA
Costs: $ NA
Total
$ NA
Current FY
Funding Source:
[ ]Operating
[XIOther NA
Budget Acct.#:
City Council Action:
[ 3 Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ 3 Continued to:
Attachments:
0 Resolution 38,2005
0 Resolution 43,2002
0 Applicant’s request
Site location
0 ArtBudget
Breakdown
ArtistResume
ProposedArt
[ ]None
EXECUTIVE SUMMARY
The subject petition involves a request to install a sculpture entitled, “Lion Around”, just
north of the site entrance off of East Park Drive, approximately 15 to 20 feet from the
entry curb within the NorthCorp Planned Community Development (PCD) in order to
satisfy the Art in Public Places requirement for Lot 4 of the NorthCorp PUD. “Lion
Around” was created by Mr. Paul Baliker, a Florida artist. The sculpture is valued at
$16,000, plus associated costs for a total of $27,510. At its February 10, 2005 meeting,
the Art in Public Places Advisory Board reviewed the subject petition and recommended
approval to the City Council with a vote of 7-0.
Staff recommends approval of Resolution 38,2005 with one (1) condition.
BACKGROUND
With the adoption of Resolution 43, 2002, the City Council approved the construction of
two (2) identical 45,144 square-foot buildings within the South Park Center of the
NorthCorp Planned Community Development (PCD) on Lots 4 and 5. Subsequently, the
City Council approved Resolution 17, 2003, on January 16, 2003, which amended the
previously approved Resolution 43, 2003, to modify the timing of the installation of the
required perimeter landscape buffers for Lots 4 and 5. On January 15, 2004, the City
Council adopted Resolution 3, 2004, which approved a principle building identification
sign for the building located on Lot 4. Subsequently, on May 20, 2004, the City Council
adopted Resolution 98, 2004, which approved minor architectural modifications to the
buildings located on Lots 4 and 5 and two (2) principle building identifications signs on
Lot 5.
Per Section 78-262 of the Land Development Regulations, “Fee imposed on
development,” all budgets for new construction of private and public developments shall
include 1% of the total budgets for vertical construction as a fee for art in public places.
The subject fee shall be used by the developer for the provision of artwork on the project
site, or the developer may choose to contribute 1 % of the total building construction costs
directly to the City for the provision of art on public property, including public rights-of-
way.
Under the terms of Section 78-261 of the Land Development Regulations, the petitioner
has posted an escrow in the amount of $27,000 with the City, which represents one
percent of the total construction costs for the building located on Lot 4. The applicant has
indicated that the cost of the proposed sculpture would be $27,510.00 (Please see
attached budget breakdown). It is important to mention that the Art-in-Public-Places
requirement will be applied separately to Lot 5 prior to the issuance of the first building
permit for the building located on Lot 5, consistent with Section 78-262 of the Land
Development Regulations.
2
i *
Date Prepared: February 11,2005
Meeting Date: March 17,2005
Resolution 38,2005
Date Prepared: February 11,2005
Meeting Date: March 17,2005
Resolution 38,2005
PROPOSED ART IN PUBLIC PLACES
The applicant has selected art work created by Mr. Paul Baliker, a Florida artist whose art
pieces are currently being shown in public and private spaces in Florida and in various
states around the country. A resume for Mr. Baliker is attached for your review.
The placement of the art work is proposed just north of the site entrance off of East Park
Drive, approximately 15 to 20 feet from the entry curb. This location was previously
recommended by the Art in Public Places Advisory Board as being the most appropriate
location for the benefit of the public.
The applicant is proposing a sculpture that is reflective of Florida’s natural history. The
proposed sculpture, titled “Lion Around”, is a life size sculpture of a Florida Panther.
The sculpture will be bronze and will rest upon a two-foot limestone rock base. The
sculpture, including the two-foot base, measures 8’ X 7’ X 5’. The sculpture will be
placed in a natural setting, in front of a large live oak tree, surrounded by a pallet of
variegated liriope, blue plumbago, and fakahatchee grass. The artwork will be
illuminated with two (2) flood lights placed in front and the sides of the sculpture. The
applicant states that the angled lighting will emphasize depth and details of the sculpture.
ART IN PUBLIC PLACES ADVISORY BOARD RECOMMENDATION
On February 10, 2005, the Art in Public Places Advisory Board reviewed the proposed
art for Lot 4 of the NorthCorp PCD and recommended approval with a vote of 7-0.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 38, 2005, subject to the condition
provided therein.
3
Date Prepared: February 11,2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
RESOLUTION 38,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC
PLACES PROPOSAL FOR LOT 4 OF THE NORTHCORP PLANNED
COMMUNITY DEVELOPMENT (PCD), AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR ONE CONDITION OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 21, 2002, the City Council adopted Resolution 43, 2002,
which approved the site plan for the construction of two identical 45,144-square-foot
buildings located on Lots 4 and 5 of the South Park Center Plat within the NorthCorp
Center Planned Community Development (PCD); and
WHEREAS, on January 16, 2003, the City Council adopted Resolution 17, 2003
which amended Resolution 43, 2002, by modifying the timing of installation for required
landscape buffers; and
WHEREAS, on January 15, 2004, the City Council adopted Resolution 3, 2004,
which approved a principal building identification sign located on Lot 4 of the NorthCorp
Planned Community Development (PCD); and
WHEREAS, on May 20,2004, the City Council adopted Resolution 98,2004, which
amended Resolution 43, 2002, by approving minor architectural changes to approved
buildings on Lots 4 and 5 of the NorthCorp PCD and two principal building identification
signs on Lot 5, which is part of the NorthCorp Planned Community Development (PCD);
and
WHEREAS, Lucy Keshavarz, agent for John C. Bills Enterprises, has submitted an
application (AlPP-05-02) seeking approval of artwork for Lot 4 of the NorthCorp PCD,
which is generally located at the northwest corner of Burns Road and East Park Drive, as
more particularly described herein; and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
WHEREAS, on February 10, 2005, the Art in Public Places Advisory Board reviewed
said application and recommended approval to the City Council; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
Date Prepared: February 11,2005
Resolution 38, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION I. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the proposed art for Lot 4 of the
NorthCorp PCD located on the following described real property:
LEGAL DESCRIPTION:
LOTS 4 AND 5 OF SOUTH PARK CENTER, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 67, PAGE 87, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; SAID LANDS SITUATE, LYING, AND BEING IN PALM
BEACH COUINTY, FLORIDA.
SECTION 3. Said approval shall be consistent with plans and documents filed with
the City’s Growth Management Department as follows:
1. “Lion Around” elevation view prepared by Paul Baliker, received by the City on
January 21,2005 (sheet 1 of I).
2. “Lion Around” plan view prepared by Paul Baliker, received by the City on
January 21,2005 (sheet 1 of I).
3. NorthCorp Lot 4, Art in Public Places Preliminary Cost Estimate, received by the
City on January 21,2005 (sheet 1 of 1).
4. Renderings of work of art entitled “Lion Around” by Paul Baliker, received by the
City on January 21 2005 (sheet 1 of 1).
5. Location on Landscape Plan, received by the City on January 21,2005 (sheet 1
of 1).
SECTION 4. Said art-in-public-places approval shall comply with the following
additional condition, which shall be binding upon the applicant, its successors, assigns,
and/or grantees:
1. The applicant shall be responsible for maintenance of the approved lighting and
the approved art in public places. (Planning & Zoning)
SECTION 5. This approval expressly incorporates and is contingent upon all
representations made by the applicant or applicant‘s agents at any workshop or public
hearing.
SECTION 6. This Resolution shall become effective immediately upon adoption.
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
Date Prepared: February 11,2005
Resolution 38, 2005
PASSED AND ADOPTED this day of ,2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
Christine P. Tatum, City Attorney
- VOTE: AYE NAY ABSENT
--- MAYOR RUSSO
--- VICE MAYOR JABLIN
COUNCILMEMBERLEVY ---
COUNCILMEMBERVALECHE ---
--- COUNCILMEMBER BARNETT
\\Pbgsfile\Attorney\attorney_share\RESOLUTlONS~lPP-no~~rp lot 4 - reso 38 2005.doc
3
Meeting Date: March 21,2002
Date Prepared: March 7,2002
RESOLUTION 43,2002
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA,
PROVIDING FOR APPROVAL OF TWO
PROFESSIONAL OFFICE BUILDINGS TOTALING
90,288 SQUARE FEET ON LOTS 4 & 5 OF THE
NORTHCORP PLANNED COMMUNITY DISTRICT
(PCD), LOCATED AT THE SOUTHERN END OF
THE NORTHCORP PLANNED COMMUNITY
DISTRICT, BETWEEN RIVERSIDE DRIVE AND
EAST PARK DRIVE; PROVIDING FOR
CONDITIONS OF APPROVAL; PROVIDING FOR
WAIVERS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ordinance 1 , 1990 approved the NorthCorp PCD; and
WHEREAS, Ordinance 1 , 1990 provided that subsequent approvals for
parcels within the PCD were to be processed as major site plan approvals
without public notice and advertising and were to be approved by resolution; and
WHEREAS, the City of Palm Beach Gardens received a site plan
application from Northcorp Center, Inc. for the construction of two identical
45,144 square-foot Professional Office buildings and related improvements on
lots 4 & 5 within the South Park Center Plat of the NorthCorp Planned
Community District, as more particularly described in Exhibit “A attached hereto;
and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is sufficient and that it is consistent with the
City’s Comprehensive Plan and Land Development Regulations; and
WHEREAS, on September 25, 2001, the Planning and zoning
Commission recommended approval of the site plan application known as
“NorthCorp Lots 4 & 5,” subject to conditions stated herein.
Resolution 43,2002
Meeting Date: March 21,2002
Date Prepared: March 7,2002
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA:
Section 1. The foregoing “Whereas” clauses are hereby ratified as true
and confirmed and are incorporated herein.
Section 2. The City Council of the City of Palm Beach Gardens, Florida
hereby approves the site plan for Lot 4 and Lot 5 within the South Park Center
Plat, as more particularly described in Exhibit “A attached hereto, to provide for
the construction of two 45,155 square foot professional office buildings.
Section 3. All provisions and conditions of Ordinance 1, 1990 shall
remain in full force and effect.
Section 4. This approval is subject to the following conditions, which
shall be the responsibility of the applicant, its successors or assigns:
1. The applicant shall provide the same architectural treatments depicted on
the east elevation on the west elevations of the buildings. (Planning &
Zoning )
2. At the time of construction plan review, the phasing plans must meet with
the approval of the City Engineer. If not, all site infrastructures shall be
required to be completed prior to the issuance of the first Certificate of
Occupancy. (City Engineer)
3. Within six (6) months of this approval, the entire perimeter landscape
buffers must be completed or no further permits or inspections will be
issued for the project site, until complete. (City Forester)
4. In the event that the applicant requests a Certificate of Occupancy for
phase I prior to receiving a building permit for phase II, the building area of
phase II shall be irrigated and sodded prior to the issuance of the
Certificate of Occupancy, unless otherwise approved by the Growth
Management Director. (City Forester)
Section 5. The following waivers are hereby granted with this approval:
1. Section 78-345 (d)(3) - Increase in Parking Spaces, to allow an additional
17.2% (47 spaces) over the minimum required parking spaces. The Land
Development Regulations allow a maximum 10% over the minimum
required parking spaces.
2. Section 78-344 (I) - Parking Stall and Bay Dimensions, to allow 9’ X 18.5’
parking stalls. The Land Development Regulations require a minimum 10’
X 18.5’ parking stall.
Section 6. The proposed development shall be in compliance with the
following plans on file with the City’s Growth Management Department:
Resolution 43,2002
Meeting Date: March 21,2002
Date Prepared: March 7, 2002
1. January 30, 2002 Site Plan, 'Urban Design Studio (1 sheet total)
2. January 30, 2002 Landscape Plan, Urban Design Studio, (2 sheets total)
3. November 29, 1999 Site Lighting Plan, Urban Design Studio, (1 sheet
total)
4. October 21, 1999 Boundary and Topographic Survey, Keshavarz &
Associates, (1 sheet total)
5. Drainage plan
6. November 29, 1999 Front Elevation/Floor Plan, D. William Beebe, (1
sheet total)
7. November 29, I999 East/North/South Elevations, D. William Beebe, (1
sheet total)
8. November 5, 1999 Roof Plan, D. William Beebe, (1 sheet total)
SECTION 7. If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 8. All Resolutions, or parts of Resolutions, in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 9. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THIS d I '' OF r/ln KC (* 2002.
FORM AND SUFFICIENCY BY:
CITY ATTORNEY
3
.I
VOTE:
MAYOR J.Bi.tA,
VICE MAYOR &.I
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
Resolution 43,2002
Meeting Date: March 21, 2002
Date Prepared: March 7,2002
NAY ABSENT
4
..
.. .. .
-.
Lots + and 5, of SO
in Plat Book 67, Pa
said lands situate, I!
- . . . -. . . ... .- .. .
Resolution 43, 2002
Meeting Date: March 21,2002
Date Prepared: March 7,2002
EXHIBIT “A”
TH P. .RK CENTER, according to the Plat thereof, recorded
3 87, of the Public Records of Palm Beach County, Florida;
ig and being in Palm Beach County, Florida.
5
Art G
Culture
/- I
The low art
many other
this project
Around, a
art &cultural
budget, limited space appropriate for public art on site as well as
factors limited the possibilities and made the public art component of
quite challenging. However, we are excited to have located Lion
life size, realistic bronze sculpture of a Florida Panther by sculptor Paul
progarnrning
design and
consulting
66 St. James Drive
Palm bch Gardens
January 201 2005
Re: Lot , NorthCorp Center
Pro t sed Public Art
Dear AIPP bdvisory Committee Members:
On behalf f John C. Bills Enterprises, it is my pleasure to submit the following
informatio for your review and request a positive final recommendation to the
City Counc 1 of Palm Beach Gardens for the proposed public art for Lot 4,
NorthCorp enter. The completed building is located at 4750 East Park Drive;
the lot of w ‘ch is between Riverside Drive and East Park Drive directly north of
Burns Roa in Palm Beach Gardens. NorthCorp Center is a light industrial PCD.
The requir art fee of $27,000.00 was escrowed in January 2003. 4
will be located north of the entrance approximately 15 to 25 feet
curb and between 21 to 30 feet west of the property line parallel to
This location is within the property lines and does not interfere
or Safe Sight Triangle.
lpture in a “natural setting” in front of a large live oak
d of landscaping which currently includes variegated liriope, blue
fdcahatchee grass. To further the naturalistic setting and allow
, a slightly elevated grouping of natural limestone
led and the sculpture securely attached. The area around the
with the previously approved plants; variegated
atchee grass. This will be done in an appropriate
e input of the artist Paul Baliker and with consideration of lighting
ess to the sculpture.
11 be illuminated with two spot flood lights placed in
er of the sculpture. The angled lighting will emp
2
Please find
process:
0
Lot
0 Public
Color
Artist
0
Plan
the following information enclosed for review in this approval
Siteplan
4 location
art budget information
Photographs of bronze sculpture Lion Around
Bio
Photographs of entry area
Location on site plan
Elevation view sketch
view sketch
Ligbting cut sheets
art installation would begin immediately upon City Council
expect completion, including lighting and re-landscaping within
to meeting with the members of AIPP Advisory Committee to
request and answer any questions you may have.
~~--
I ucy M. F. Keshavarz
‘>/Arts Consu[tant to John C.’Bills Enterprises
I
Northcorp Lots 4 & 5
Palm Beach Gardens, Florida
Site Plan
Public Art Budset a
Lot 4, NorthCorp Center
Public art fee: $27,000.00 in escrow
(please see following page giving consrtuction breakdown)
Cost breakdown
of proposed public art: $16,000.00 bronze sculpture of "Lion Around"
$960.00 sales tax
$4,050.00 arts consultant fee
$3,000.00 electrical feed & lighting
$2,500.00 site prep, install of limestone rock base & landscaping
$1,000.00 installation of sculpture & equipment
$27,510.00 Total cost
I
Paul A. Baliker
The Baliker Gallery
5928 North Oceanshore Blvd.
Palm Coast, FL 32137
www.paulbaliker.com
Biography
STATEMENT
A passion for nature has inspired me to create a body of work that is environmental in pith. I endeavor
to capture a moment in wood or bronze and express potential for a symbiotic relation with nature.
ART IN PUBLIC PLACES. life sue and monumental
Colorado
Florida
City of Loveland - “Tortugas del Mar” bronze, “Cty for Help” bronze
Daytona Beach International Airport - “Nature’s Way” wood
Daytona Beach Community College - “Wellspring” bronze
Daytona Beach City Island Library - “Fishful Thinking” wood
Justice Building, Deland - “Lady Justice” bronze
Ocean Convention Center, Daytona Beach - “Ligea ” wood
Orange County Convention Center - “Wellspring” bronze
Ormond Beach City Hall - “Surface bound” bronze
Ormond Beach Public Library - “Tortuga Grande” bronze
Ponce Inlet/Marine Science Center - “Wellspring” wood
Riviera Park, Ormond Beach - “Tortugas del Mar” bronze
Museum Of Arts And Sciences - “Blue Illusions” bronze
Na Aina Kai Botanical Garden - “Fish Story”
City of Elk Grove - “Water Baby ”, bronze
Meijer ’s Sculpture Garden - “Lion Around” bronze
Tassel Sculpture Garden - “Fish Story ’’ bronze
Cole’s Sculpture Garden -“Fish Story” life size bronze, “The Wind ’’ monumental bronze
Hawaii
Illinois
Michigan
Oklahoma
CORPORA TE COLLECTIONS,
Beuter Engineering Michigan - “Tender Moment” wood, “Metamorphosis I ” bronze, “Fairy Tale ”
bronze, “Surface Bound I’ bronze
Culoosa Cove, Florida Keys - “Fish Story”, monumental bronze
Cob and Cole. Florida - “Bird in Hand”, wood
Clark Corporation, Florida - “Dreamers”, life size portraiture, Tortugus del Mar” life size br_opzc,
“Fishful Thinking life size bronze
Hammock Dunes Golf Resort, Florida - “Tortugas Del Mar” life size bronze
The Greek Course Of Hammock Dunes, Florida- “Winciswept ”, wood
Crawford Professional Building, North Carolina - “Fish Master”, wood
Emuire State Building, NYC - “Evolution”, wood
1 . .
/?.” I
*. R
4 ~
’; CWOFPB
2I
JAN 2 I 2005
j’
/ DIVISION =;
b h PlANNUvG
Paul A. Baliker
The Baliker Gallery
5928 North Oceanshore Blvd.
Palm Coast, FL 32137
www.paulbaliker.com
2
Gavlord Palms Resort and Convention Center, Orlando - “Jump for Joy” monumental bronze
JD Edwards Corporation. Colorado -”...and Feed”Em for a Lifetime life size bronze portraiture
Jeter CorDoration, Connecticut - “Gustaf ’ life size bronze selfportrait, ”Fishful Thinking” bronze,
“Wind on Water” wood, “The Odd Couple” wood
Marriot, Florida - ”Water babies” life size bronze
MonacoSmith and Hood, Florida - ”Fish master” wood
Naunle and Comuanv, Oklahoma - “Lion Around” life size bronze
Oceanside Countrv Club - “Metamorphosis I I ’’ bronze, “Surface Bound” bronze
Rav Ed& Coruoration - “Ray’s Rays” wood, “Floridians in Peril” wood
Rav Fernuson, Texas - “Wind on the Mane” life size wood, “Untitled” life size wood
MEDIA
WCEU-TV - Documentary “For the Love of Manatee” taped around creation of sculpture “Wellspring”
LifesSryles of the Rich and Famous
Oklahoma Public TV
John Fox ’ Outdoor Adventures
WNDB Talk Radio
WESH-TV statewide coverage of Government Building controversy
WESH- TV statewide coverage of Justice Building controversy
The sculpture will be located north of the
entrance approximately 15 to 25 feet from
the entry curb and between 21 to 30 feet
west of the property line parallel to East CI park Drive. his location is within the
property lines and does not interfkre with the
Utility Easement or Safe Sight Triangle.
I. .
-
This location places the sculpture in a
''natural setting'' in fiont of a large live oak
tree and in a bed of landscaping which
currently includes variegated liriope, blue
plumbago and fakahatchee grass. To further
therumdlsb - 'c setting and allow more
visibility of the sculpture, a slightly elevated
grouping of natural limestone rock will be
installed and the sculpture securely attached.
The area around the sculpture will be re-
landscaped with the previously approved
plants; variegated liriope, blue plumbago
and fdcdmtchee grass. This will be done in
an appropriate manner, with the input of the
artist Paul Baliker and with consideration of
lighting and visual access to the sculpture.
3" ' 11 i
Scale 1 inch = 20 feet
Lion Around
life size bronze sculpture
of Florida Panther
by Paul Baliker
42” high x 5 1” long x 27” deep
Limited edition of 11
I
v:
r
r
Entrance to Lot 4, NorthCorp Center
4750 East Park Drive
Entrance looking towards Northwest Entrance looking towards Southwest
Proposed location of public art
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 10,2005
Meeting Date: April 7,2005
Resolution 39,2005
Subject / Agenda Item:
Resolution 39,2005: Bascom Palmer Eye Institute - Art in Public Places
Consideration of Approval: A request by Catalfumo Construction and Development Company,
agent for Ophthalmology Research Foundation, Inc., for approval of the proposed Art in Public
Places for the Bascom Palmer Eye Institute. The subject site is approximately 7.02 acres and
was approved for medical and professional office use. It is located within the PGA National
Resort Community Development of Regional Impact (DRI) at the southwest corner of PGA
Boulevard and Fairway Drive.
[ X ] Recommendation to APPROVE with one condition
[ ] Recommendation to deny
Reviewed by:
Planning & Zoning Director:
City Attorney:
Development Compliance:
Frgeyvth Management
Charles K. Wu, AICP
Originating Dept.:
Growth Management:
Planner
[ XI Quasi-Judicial
[ ] Legislative
[ ] Public Hearing
Advertised: NIA
Date:
Paper:
[XI Not Required
Affected parties:
[ ]Notified
[XI Not Required
- FINANCE: NA
Costs: $ NA
Total
$ NA
Current FY
Funding Source:
[ 3 Operating
[XI Other NA
Budget Acct.#:
City Council Action:
[ 3 Approved
[ ] Approved wlconds.
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 39, 2005
Artwork Renderings
0 Applicant’s Narrative
0 Location Map
0 Budget Breakdown
Artist’s Resume
Resolution 225,2004
Resolution 8,1998
Resolution 39, 1996
Date Prepared: March 10,2005
Meeting Date: April 7,2005
Resolution 39,2005
EXECUTIVE SUMMARY
The applicant is proposing a sculpture entitled “From the Shadows to the Light” by
Carlos Gonzales, which will be located between Buildings A and B on the north end of
the site adjacent to PGA Boulevard. This location was previously approved through the
adoption of Resolution 225, 2004 in conjunction with the site plan approval for this
project. The total value of the sculpture is $75,000, including contingencies. The Art in
Public Places Advisory Board and City staff are recommending approval of the proposed
art.
BACKGROUND
The City Council adopted Resolution 39, 1996, which approved a site plan for a medical
clinic known as the Bascom Palmer Eye Institute located at the southwest comer of PGA
Boulevard and Fairway Drive within the PGA National Planned Community
Development.
With the adoption of Resolution 8, 1998, the City Council approved an amendment to
Resolution 39, 1996 to allow modifications of the elevations, square footage, and signage
for the Bascom Palmer Eye Institute.
On December 16, 2004, the City Council adopted Resolution 225, 2004, which approved
another amendment to the site plan to allow the development of 57,600 square feet of
medical office space and 10,380 square feet of professional office space, totaling 67,980
square feet.
In accordance with Section 78-262 of the Land Development Regulations entitled Art in
Public Places, Fee Imposed on Development, all budgets for new construction of private
and public developments shall include one percent (1 %) of the total budgets for vertical
construction as a fee for art in public places. The subject fee shall be used by the
developer for the provision of artwork on the project site, or the developer may choose to
contribute one percent (1 %) of the total building construction costs directly to the City for
the provision of art on public property.
Under the provisions of Section 78-261(a)( l), Deposit of Funds, Land Development
Regulations, the petitioner has placed $75,000 into a private escrow account, which
represents one percent of the estimated total construction costs of the initial phases of
construction. Please see the attached budget breakdown.
PROPOSED ART IN PUBLIC PLACES
The sculpture will be located between Buildings A and B at the north end of the site
adjacent to PGA Boulevard. This location was previously recommended by the Art in
Public Places Advisory Board and later approved by the City Council as being the most
appropriate location for the benefit of the public through the adoption of Resolution 225,
2004 approving the site plan for the subject site.
2
Date Prepared: March 10,2005
Meeting Date: April 7,2005
Resolution 39,2005
The applicant is proposing a sculpture entitled “From the Shadows to the Light” created
by Carlos Gonzalez. The stainless-steel sculpture will have a red, weather-resistant
coating and will measure approximately 7’ x 8’ x 9’. According to the artist, this artwork
was inspired by an article entitled “The Mystery of the Evolution of the Eye” (source:
amazings.com 04/11/2004).
Mr. Gonzalez was born in Havana, Cuba, and now resides in Miami, Florida. The
attached resume indicates that he has been a juror, a professor of sculpture, and a head of
the faculty of visual arts at various institutions. His works have been shown in a number
of countries, including Cuba, the United States, Dominican Republic, Venezuela, Spain,
and Hungary.
ART IN PUBLIC PLACES ADVISORY BOARD RECOMMENDATION
At the February 10, 2005, meeting of the Art in Public Places Advisory Board, the
applicant’s representative stated that of all the works considered, this sculpture entitled
“From the Shadows to the Light” was the overwhelming favorite of the doctors at the
Bascom Palmer Eye Institute. The Art in Public Places Advisory Board unanimously
voted to recommend approval of this sculpture.
STAFF RECOMMENDATION
Staff recommends approval of Resolution 39, 2005, with one condition of approval
stated therein.
Jh/Bascom Palmer Art in PP/Staff report CC
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
RESOLUTION 39,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC
PLACES PROPOSAL FOR THE BASCOM PALMER EYE INSTITUTE
WITHIN THE PGA NATIONAL RESORT COMMUNITY PLANNED
COMMUNITY DEVELOPMENT LOCATED AT THE SOUTHWEST
CORNER OF PGA BOULEVARD AND FAIRWAY DRIVE, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A
CONDITION OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council adopted Resolution 39, 1996, which approved a site
plan for a medical clinic known as the Bascom Palmer Eye Institute to be located at the
southwest corner of PGA Boulevard and Fairway Drive within the PGA National Resort
Development of Regional Impact; and
WHEREAS, with the adoption of Resolution 8, 1998, the City Council approved an
amendment to Resolution 39, 1996 to allow modifications to the elevations, square
footage, and signage for the Bascom Palmer Eye Institute; and
WHEREAS, with the adoption of Resolution 225,2004, the City Council approved a
second amendment to the site plan to allow the development of three office buildings with
57,600 square feet of medical office space and 10,380 square feet of professional office
space, totaling 67,980 square feet; and
WHEREAS, the 7.02-acre site is currently zoned Planned Community District (PCD)
Overlay with an underlying zoning of General Commercial (CG-I), a future land-use
designation of Commercial (C), and a designation of Office Park on the DRI Master Plan;
and
WHEREAS, Catalfumo Construction and Development Company, agent for
Ophthalmology Research Foundation, has submitted an application (AlPP-05-01) seeking
the approval of the proposed work of art for the Bascom Palmer Eye Institute located as
more particularly described herein; and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
WHEREAS, on February IO, 2005, the Art in Public Places Advisory Board reviewed
said application and unanimously recommended approval to the City Council; and
Date Prepared: March 10, 2005
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: March 10, 2005
Resolution 39, 2005
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the proposed art for the Bascom
Palmer Eye Institute located on the following described real property:
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION IO, TOWNSHIP42 SOUTH, RANGE42 EAST,
CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF FAIRWAY DRIVE
AND FAIRVIEW LANE, AS RECORDED IN PLAT BOOK 56, PAGES 21 AND 22, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG THE
NORTH BOUNDARY OF FAIRWAY DRIVE AS SHOWN ON SAID PLAT, NORTH
88'27'03" WEST FOR 125.00 FEET; THENCE ALONG THE WESTERLY BOUNDARY
LINE OF SAID FAIRWAY DRIVE SOUTH 01'32'57" WEST FOR 10.00 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WESTERLY BOUNDARY
FOR THE FOLLOWING COURSES:
THENCE, SOUTH 43'27'03" EAST FOR 35.36 FEET; THENCE SOUTH 01 '32'57" WEST
FOR 150.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
NORTHWEST HAVING A RADIUS OF 444.29 FEET; THENCE SOUTHWESTERLY
ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 45'02'44"
FOR 349.30 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE
CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 822.50 FEET; THENCE
SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL
ANGLE OF 31'07'54" FOR 446.90 FEET; THENCE DEPARTING SAID BOUNDARY,
NORTH 01'32'57" EAST FOR 756.03 FEET TO A LINE LYING 60.00 FEET SOUTH OF,
AND PARALLEL WITH, THE NORTH LINE OF SAID SECTION IO, BEING THE
LINE, SOUTH 88'27'03" EAST FOR 223.40 FEET, THENCE CONTINUE ALONG SAID
LYING 110.00 FEET SOUTH OF, AND PARALLEL WITH, THE SAID NORTH LINE OF
WAY, SOUTH 88'27'03" EAST FOR 66.60 FEET TO THE POINT OF BEGINNING.
ULTIMATE RIGHT-OF-WAY OF PGA BOULEVARD; THENCE, ALONG SAID PARALLEL
ULTIMATE RIGHT-OF-WAY, SOUTH 74'24'51" EAST FOR 206.15 FEET TO A LINE
SECTION IO; THENCE, ALONG SAID PARALLEL LINE AND ULTIMATE RIGHT-OF-
CONTAINING 7.02 ACRES, MORE OR LESS.
2
Date Prepared: March 10, 2005
Resolution 39, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
SECTION 3. Said approval shall be consistent with plans and documents filed with
the City’s Growth Management Department as follows:
1. Landscape Plan, sheet 5 of 7, by Cotleur Hearing dated November4,2004, and
received January 5,2005.
2. Art Budget Breakdown by Catalfumo Construction Company dated January 4,
2005.
3. Photographs of the red, stainless steel sculpture entitled “From the Shadows to
the Light” by Carlos Gonzales.
SECTION 4. Said art approval shall comply with the following condition, which shall
be binding upon the applicant, its successors, assigns, andlor grantees:
I. The applicant shall be responsible for maintenance of the work of art, including
lighting. (Planning & Zoning)
SECTION 5. This approval expressly incorporates and is contingent upon all
representations made by the applicant or applicant‘s agents at any workshop or public
hearing .
SECTION 6. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
3
Date Prepared: March 10,2005
Resolution 39, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
PASSED AND ADOPTED this day of ,2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBERVALECHE ---
COU NCI LM EM BER BARN ETT ---
G:bttorney-share\RESOLUTlONS\aipp - bascom palmer eye institute - reso 39 2005.doc
4
k
A
A
A
I
F-
A
From the Shadows to the Light by Carlos Gonzales
This project was inspired by a recently published article (The Mystery of the Evolution of
the Eye - amazings.com 04/11/2004) about the evolution of rods and cones, essential
cells that migrated all the way through an ancestral journey from the enclosed brain to the
eye, open to light.
In this piece, rods and cones have been interpreted as dynamic undulating forms
traversing diagonally within a great open circular space inspired by the morphology of
the eye. The red color was chosen for harmony with the tiled roof and earth tones of the
building, and for better contrast with the rich vegetation planned for the area.
The piece will be build in stainless steel coated with highly resistant paint as required by
the marine environment.
7’ x 8’ x 9’
Scale: 1” = 12”
Bascom Palmer Site
Ophtha/ma/agy Research Foundation, /nc
5 a
Bascom Palmer Eye Institute
Art in Public Places
Art Budget Breakdown
January 4,2005
Cost of construction (per Catalfumo Construction)
City of Palm Beach Gardens
Escrow Deposit
Escrow Balance to Be Paid
Total Art Fee
Artist Fee & Materials Cost (project specific)
Contigency
(in the event that the contigency is partially unused the
remaining amount will be added to artist fee)
$ 7,500,000
$ 75,000
$
$ 75,000
-
$ 75,000
(per attached sheets)
$ 10,000
Total $ 75,000
January 6 2005.
Attention: Francis.
Sculpture proposal for the Bascom Palmer Eye Institute of Palm
Beach Garden.
Sculptor: Carlos Gonzalez.
Title: From the shadow to the Ilght.
Scale: 1=12
Budget for the project;
Materials
Fabrication
Paint Cementation project Cementation
Transportation Installation
Lightlng
Artkt fee
$5M)o.oo
$1 5000.00
$ 2W)o,oo
$1o00.00
$ 3000,OO
$ 500.00
$ 1500.00
$ 2Q00.00 -
$35orxll.00
TOW $65000.00
Sincerely
Carlos Gonzalez
DEC.29.2004 11:32FIM N0.576 P.2
Carlos A. Gonzalez Ph. (305) 267 8163
EDUCATION
PROFESSIONAL ACTIVITY
SOLO SHOWS
DEC.29.2084 11:33QM N0.576 P.3
IWn Nacjonal de PinMd y &cultwa Curlos Enriquez wy 15-?]. CmtrO de Arte International, Havana,
CUBA.*
AWARDS
BIBLIOGRAPNY
VEIGAS, Josc. 'Uanoria Cuban Art of de 2orh. Cmaay,"Catifomia / International Arb FoudatiaaL ILaf
P hKz Td ''&&ta cuhndo Cenicienta? (hal)." Grpnmo, Hama, CUBA, April 28,1988.*
ca 2001.
...
DEC.29.2004 11:33FIM N0.576 P.4
. .,,
PRINCIPAL COLLECTIONS
PUBLIC WORKS
El Cielo de Ir Selva,1997
paintea steet; 3 K 3.10 x 2.mt.k
Ab- 1997.
Paintd steel; 230 x 2.10 x 2rd. Ph de los Em&- Ocumates del Tuy, Estado Miranda,
VENBZUELA.
Rmta de los Cmtm Vitnh. 1996
Painted stal; 7 x 3.50 x 4m. Ownares del Tuy, EW Miranda,, . lGNEZUEU
Painted steek 2.15 x 2 x 1.8 m.; Avenida Casanova rn Ami& Pichmcha, Chacao, Caracas, VENEZUELA.
Robcidm, 1992
Fainted steel; I .9 x 1.9 x 1.6 m.; Edificio lmmta, Caramj VEmtA. Dan- 192
Painted steel; 1.5 x 1.5 x 1.5 m.; VENALUM, Ciudad Guayana, Ed0 Bolivar, VENEZUELA.
GermiraL 1989
Painted steel; 2 x 2 x 1 m.; PI= de la PaImera, Mol, Valencik SPAIN.
pberh, 1989
Painted steel; 25 x 2 x 1 m.; Castino de E4do1, Valencia, SPAIN.
Ondlllaciones, 1989
Painted steel; 2 x 1 x 1 m; Hospital sananino Lars, Santiago de Cuba, CUBA.
Are0 de Encucntro, 1988
Painted steel; 3.5 x 7 x 2 m.; Rad0 de las Esmhras, Eaeonao, Santiago de cub$ CUlBk
chip (hBuaYdb 1988
wood; 3 x 4.5 x 0.10 In.; Pabell6ll de rnaathica y colnlmicacicmes, EXPOCUBA, Havang CUBk
Palornu (murnlx 1988
Wood; 7 x 3 x 0.10 m.; PWh de Electrbnica y Comunicaciones, BmmA I-hana, CUBk
Fuente, 1987
Stainless SteeI; 4 x 4 x 1.80 m.; Centro de Investigacicmes de Inmmoensayo, Havana, CUBA.
stmilla. 1%
painted steel; 1-50 x 1 x 150 m.; htro Rovincial de Mes PtBm'cas y Disd[~, b~& -A-
chrvas, 1986
Painted steel; 1 x 0.80 x 0.50 m.; Sala de Juegos, Hotel Topes de Colhtes, Saocti Spkilus, CUBk
Ritmo (mmral), 1986
Painted steel; 16 x 3 x 0,30 m,: Rmtammm Especialio, Topes de CoUantes, Sand Spiritus, CUBA.
Vaelos, 1984
Painted steel; 6 x 1 x 1.50 m.; AempuRto Provincial, Las Tunas, CUBA.
Tobogin, 1983
hintedsteel; 7 x 3 x 5 m.; Palacio Central QPioaaros IEmeSta chtoutvara, panlueLenin,Hpvaua, CUBA.
El Visctautq 1995
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: November 29,2004
Resolution 225, 2004
RESOLUTION 225,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A SITE PLAN
AMENDMENT FOR THE BASCOM PALMER EYE INSTITUTE
LOCATED WITHIN THE PGA NATIONAL DEVELOPMENT OF
REGIONAL IMPACT (DRI) I PLANNED COMMUNIN DEVELOPMENT
(PCD) LOCATED ON THE SOUTHWEST CORNER OF THE
INTERSECTION OF PGA BOULEVARD AND FAIRWAY DRIVE, AS
MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE
DEVELOPMENT OF 57,600 SQUARE FEET OF MEDICAL USE AND
10,380 SQUARE FEET OF PROFESSIONAL OFFICE USE, FOR A
TOTAL OF 67,980 SQUARE FEET; PROVIDING FOR WAIVERS;
PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on August 31, 1978, the City Council adopted Resolution 43, 1978
approving the PGA National Resort Community Development of Regional Impact (DRI);
and
WHEREAS, on March 21, 1996, the City Council approved Resolution 39,1996,
which approved the site plan for the construction of two (2) three-story office buildings
totaling 67,980 square feet on 7.02 acres; and
WHEREAS, on January 22, 1998, the City Council approved an amendment to
Resolution 39, 1996 which modified the elevations, increased the total square footage to
68,175 square feet, and amended the signage with the adoption of Resolution 8,1998; and
WHEREAS, on January 7,1999, the City Council approved Ordinance 22,1998, as
a consolidated and amended Development Order for PGA National DRI; and
WHEREAS, on July 17,2003, the City Council approved Ordinance 18,2003, which
approved the amendment to Ordinance 22,1998 to extend the build-out date from August
29.2003, to August 29,2005; and
WHEREAS, the City has received an application (SP-04-14) from Don Hearing of
Cotleur & Hearing, Inc., agent for the Ophthalmology Research Foundation-Bascom
Palmer Eye Institute, for the development of 57,600 square feet of medical office use and
10,380 square feet of professional office use on an approximately 7.02-acre parcel of land,
known as “Bascom Palmer,” generally located at the southwest corner of PGA Boulevard
and Fairway Drive within the PGA National Development of Regional Impact (DRI) and
Planned Community Development (PCD), as more particularly described herein; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: November 29,2004
Resolution 225,2004
WHEREAS, the subject parcel is zoned Planned Community District (PCD) Overlay
with an underlying zoning of Commercial (C) and a future land-use designation of
Commercial (C); and
WHEREAS, the Growth Management Department has reviewed said application
and determined that it is sufficient; and
WHEREAS, on October 12, 2004, the Planning, Zoning and Appeals Board
recommended approval with a vote of 7-0; and
WHEREAS, the City Council has considered the evidence and testimony presented
by the Petitioner and other interested parties and the recommendations of the various City
of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The site plan application from Mr. Don Hearing, of Cotleur 84 Hearing,
Inc., agent for the Ophthalmology Research Foundation-Bascom Palmer Eye Institute, is
hereby APPROVED on the following real described property, to permit the development of
57,600 square feet of medical office use and 10,380 square feet of professional office use
on an approximately 7.02-acre parcel of land, known as “Bascom Palmer,” generally
located at the southwest corner of PGA Boulevard and Fairway Drive within the PGA
National Development of Regional Impact (DRI) and Planned Community Development
(PCD), as more particularly described herein, subject to the conditions of approval
contained herein, which are in addition to the general requirements otherwise provided by
ordinance:
LEGAL DESCRIPTION:
APARCEL OF LAND LYING IN SECTION IO, TOWNSHIP42 SOUTH, RANGE42 EAST,
CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF FAIRWAY DRIVE
AND FAIRVIEW LANE, AS RECORDED IN PLAT BOOK 56, PAGES 21 AND 22, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG THE
NORTH BOUNDARY FAIRWAY DRIVE AS SHOWN ON SAID PLAT, NORTH 88”27’03”
WEST FOR 125.00 FEET; THENCE ALONG THE WESTERLY BOUNDARY LINE OF
SAID FAIRWAY DRIVE SOUTH Ol”32’57” WEST FOR 10.00 FEET TO THE POINT OF
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: November 29,2004
Resolution 225,2004
BEGINNING; THENCE CONTINUE ALONG SAID WESTERLY BOUNDARY FOR THE
FOLLOWING COURSES:
THENCE, SOUTH 43'27'03" EAST FOR 35.36 FEET; THENCE SOUTH 01'32'57" WEST
FOR 150.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
NORTHWEST HAVING A RADIUS OF 444.29 FEET; THENCE SOUTHWESTERLY
ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 45'02'44"
FOR 349.30 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE
CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 822.50 FEET; THENCE
SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL
ANGLE OF 31'07'54 " FOR 446.90 FEET; THENCE DEPARTING SAID BOUNDARYl
NORTH 01 '32'57" EAST FOR 756.03 FEET TO A LINE LYING 60.00 FEET SOUTH OF,
AND PARALLEL WITH, THE NORTH LINE OF SAID SECTION 10, BEING THE
LINE, SOUTH 88'27'03" EAST FOR 223.40 FEET, THENCE CONTINUE ALONG SAID
LYING 110.00 FEET SOUTH OF, AND PARALLEL WITH, THE SAID NORTH LINE OF
WAY, SOUTH 88'27'03" EAST FOR 66.60 FEET TO THE POINT OF BEGINNING.
ULTIMATE RIGHT-OF-WAY OF PGA BOULEVARD; THENCE, ALONG SAID PARALLEL
ULTIMATE RIGHT-OF-WAY, SOUTH 74'24'51" EAST FOR 206.15 FEET TO A LINE
SECTION 10; THENCE, ALONG SAID PARALLEL LINE AND ULTIMATE RIGHT-OF-
CONTAINING 7.02 ACRES, MORE OR LESS.
SECTION 3. Said site plan approval shall comply with the following conditions,
which shall be the responsibility of the applicant, its successors, or assigns:
Enaineering
1.
2.
3.
4.
The applicant shall provide the City with copies of all permit applications and
approvals. (City Engineer)
Prior to construction plan approval and issuance of the first building permit, the
applicant shall provide a detail of the existing flume and the proposed sidewalk
showing their proposed vertical and horizontal alignment. (City Engineer)
Prior to construction plan approval and issuance of the first building permit, the
applicant shall provide the portion of the PGA master drainage plan for this site
in order to verify on-site water quality retention and allowable discharge. (City
Engineer)
Prior to construction plan approval and prior to the issuance of the first
Certificate of Occupancy, a public access easement shall be granted for all
public sidewalks proposed within the property boundary. (City Engineer)
3
Date Prepared: November 29,2004
Resolution 225, 2004
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
5. Prior to construction plan approval and issuance of the first building permit, the
applicant shall provide a letter of authorization from the utility companies
(easement holders) allowing landscaping and light poles within their respective
existing and/or proposed easements. (City Engineer)
6. Prior to construction plan approval and issuance of the first building permit, the
applicant shall show the existing and proposed location of all signage,
including the directional sign on the construction plan, with a note indicating
that the directional sign shall be relocated. (City Engineer)
7. Prior to construction plan approval and issuance of the first building permit, the
applicant shall show the proposed number of phases for the project on the
construction plans in conformance with the site plan. (City Engineer)
8. All handicap accessible ramps shall meet all applicable local, regional, state,
and federal accessibility guidelines and regulations. Any modifications shall be
approved by the engineer of record. (City Engineer)
9. The applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
10. The applicant shall comply with any and all Palm Beach County Traffic Division
conditions as outlined in PBC Traffic Division equivalency and concurrency
approval letters. (City Engineer)
11. Prior to the issuance of the first building permit, the applicant shall provide
surety for public infrastructure and all landscaping and irrigation costs. The
required surety shall be based on 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 I 10% of the total combined approved
cost estimates and shall be posted with the City prior to the issuance of the
first building permit. (City Engineer)
12. Prior to the issuance of the first building permit, the applicant shall provide a
cost estimate for the on-site project improvements, not including public
infrastructure, landscaping and irrigation costs for review and approval by the
City. The cost estimate shall be signed and sealed by an engineer and shall
be posted with the City prior to the issuance of the first building permit. (City
Engineer)
13. The applicant shall comply with all Federal EPA and State of Florida
Department of Environmental Protection NPDES permit requirements,
including, but not limited to, preparation of a stormwater pollution prevention
plan and identification of appropriate Best Management Practices, as generally
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: November 29.2004 Resolution 225,2004
accepted by the Environmental Planning Agency (EPA) and/or local regulatory
agencies, for construction activities, submission of a Notice of Intent to EPA or
their designee, implementation of the approved plans, inspection, and
maintenance of controls during construction, and submission of a Notice of
Termination. (City Engineer)
14. The applicant shall schedule a pre-permit meeting with City staff prior to the
issuance of the first building permit. (City Engineer)
Plannina and Zoning
15.
16.
17.
18.
19.
20.
21.
No overnight stays by patients shall be permitted, and no overnight facilities
shall be provided on site. (Planning and Zoning, Code Enforcement)
All rooftop mechanical equipment shall be screened from view. (Planning &
Zoning)
Within thirty (30) days of the effective date of this Resolution the applicant
shall revise the applicable plans to show a vehicular connection location
between the Fairway OfFice Center site and the west property line of the
subject site. The construction of the vehicular connection shall be the
responsibility of the applicant, should at some time in the future the City
requires the property owner to the west of the subject site to construct said
connection as part of a development approval. (Planning & Zoning)
The applicant shall provide for any parking deficiency to meet the minimum
number of required parking spaces by Code resulting from the provision for the
vehicular connection between the Fairway Office Center site and the subject
site. (Planning & Zoning)
Prior to issuance of the first Certificate of Occupancy, the City Council shall
review and approve the artwork design, and the approved art shall be installed
prior to issuance of the first Certificate of Occupancy. (Planning & Zoning)
The petitioner shall install the PGA Boulevard road shoulder landscaping, the
55 foot parkway buffer, and the associated sidewalk within six (6) months from
the date that the clearing/land alteration permit is issued by the City. A three
(3) month time extension for said work may be granted by the Growth
Management Administrator with good cause. (City Forester)
The petitioner shall be responsible for the landscape and irrigation
maintenance within the PGA Boulevard right-of-way immediately adjacent to
the site. (City Forester)
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: November 29,2004
Resolution 225,2004
22. If Building C is not under construction prior to the issuance of the anticipated
last Certificate of Occupancy for either Building A or 6, the vacant area
intended for Building C shall be fully sodded and irrigated and maintained as
open space until said construction commences. (City Forester)
23. Metal halide lighting shall be used for all street and pedestrian walkways.
(Police Department)
24. Valet parking stands shall be placed in well-lit areas and not be obstructed by
landscaping. (Police Department)
25. Numerical addresses shall be illuminated for nighttime visibility and shall have
bi-directional visibility from the roadways. (Police Department)
26. Lighting locations shall not conflict with landscaping, including long-term tree
canopy growth. (Police Department)
Miscellaneous
27. Required digital files of approved plat in its entirety transformed to NAD 83
State Plan Coordinate System shall be submitted to the Planning and Zoning
Division prior to issuance of the first building permit. Approved civil
engineering as-built design and architectural drawings shall be submitted to
the Planning and Zoning Division prior to issuance of the first Certificate of
Occupancy. (GIs Manager, Development Compliance)
SECTION 4. The City Council hereby approves the following waivers:
1.
2.
3.
A waiver from Section 78-285, Table 24, Permitted signage, which allows only
one (1) principal building I.D. sign per building and one (1) sign per tenant for
ground floor users, to allow two (2) principal tenant signs on north and south
elevations above the second floor. The size of the second principal sign shall
not exceed more than 75 percent of the size of the first principal tenant sign.
No more than two additional “donor signs” not to exceed 24 inches may be
allowed, subject to the approval of the Growth Management Director.
A waiver from Section 78-153, Table 12, Building height limitation, which
allows a 36-foot maximum building height for ofke/medical office use, to allow
up to a height of 41’10” for Building A and 38’ 6” for Building B.
A waiver from Section 78-344(e), Wheel stop requirements, which requires
wheel stops, bumper stops, or concrete curbing, to allow no wheel stops for
the parking areas where curbs exist.
6
1 4.
2
3
4
5 5.
6
7
8
9
10 6.
11
12
13
14
15 7.
16
17
18
19 8.
20
21
22
Date Prepared: November 29,2004
Resolution 225,2004
A waiver from Section 78-344(1)1b, Parking stall width, which requires a
minimum parking stall width of 18’6” by 10’0” for office use, to allow for a
minimum of 18’6” x 9’6” parking stalls.
A waiver from Section 78-344(1)(3), Parking space paving, which requires a
minimum paving of 18’6 for parking spaces to allow for 16’ paving for parking
spaces with a 2’6” vehicle overhang in limited areas adjacent to ADA compliant
sidewalks and along the perimeter of the site.
A waiver from Section 78-374(h), Covered parking placement, which requires
covered parking to be located at the rear of buildings to allow for covered
parking structures to be located in an alternate location, to be 85 feet from the
right-of-way, and to exceed 7 percent of the required parking.
A waiver from Section 78-344(h), Stacking distance, to allow for a reduction in
the required 100-foot stacking distances to 78 feet and 72 feet at the north and
south entrances, respectively.
A waiver from Section 78-31 5(b), Landscape islands, to allow for 12 parking
spaces in a row without a landscape island, beneath the covered parking
structure on the west side of Building B.
23
24
SECTION 5. Said approval and construction shall be consistent with plans filed with
the City’s Growth Management Department as follows:
25
26 1.
27
28
29
30 2.
31
32
33
34 3.
35
36
37
38 4.
39
40
41
42 5.
43
44
45
46
Sheets 1 through 7: Site Plan, Site Details, and Landscape Plan, prepared by
Cotleur Hearing, last revised on September 9, 2004, and received and
stamped by the City on November 4,2004.
Sheets A-1 through A-5 (six sheets total): Building “A elevations, prepared by
Architectural Design Associates, last revised on November 3, 2004, and
received and stamped by the City on November 4,2004.
Sheets 1 through 3, Conceptual Engineering Plan, prepared by Cotleur
Hearing, last revised on June 11 , 2004, and received and stamped by the City
on November 4,2004.
Sheet SL-1 (one sheet total), Photometric Plan, prepared by Romcke Coburn
engineering, last revised on November 2,2004, and received and stamped by
the City on November 4,2004.
Sheets A-6A, A-7A, A-7B, and A-8B. Conceptual Design (Building “B”
elevations), prepared by Gresham, Smith, and Partners, last revised on
September 17,2004, and received and stamped by the City on November 4,
2004.
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
Date Prepared: November 29,2004
Resolution 225,2004
6. Sheets A-1, A-1 .I, and A-2: Building “C” elevations, prepared by architectural
design associates, last revised on October 18, 2004, and received and
stamped by the City on October 19,2004.
SECTION 6. This approval expressly incorporates and is contingent upon 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.
PASSED AND ADOPTED this /bw day of &,+I &.rc ,2004.
ATTEST: -
BY: ,. Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR RUSSO
- -- AYE NAY ABSENT
/ COUNCILMEMBER DELGADO ---
COUNCILMEMBER LEVY ---
COUNCILMEMBERVALECHE ---
1
J
G:bttorney-share\RESOLUTlONSbascom palmer- res0 225 2004.doc
8
\
RESOLUTION 8,1998
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF AN AMENDMENT TO RESOLUTION 39,
1996 APPROVING A SITE PLAN FOR A MEDICAL CLINIC
TO BE KNOWN AS THE BASCOM PALMER EYE
INSTITUTE LOCATED WITHIN THE PGA NATIONAL
PLANNED COMMUNITY DEVELOPMENT BY AMENDING
THE ELEVATIONS, THE SQUARE FOOTAGE, AND THE
SIGNAGE; AMENDING THE CONDITIONS OF APPROVAL;
AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council adopted Resolution 39, 1996, approving a site plan for a
medical clinic to be known as the Bascom Palmer Eye Institute, located within the PGA National
PCD; and
WHEREAS, the City’s Growth Management Department has received and reviewed an
application to amend Resolution 39, 1996 by amending the elevations, square footage and signage
of the approved site plan, and
WHEREAS, the City’s Growth Management Department is recommending approval of
the amendment to Resolution 39, 1996 with conditions of approval; and
WHEREAS, the City’s Growth Management Department has determined that approval of
said application is consistent with the City’s Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA.
Section 1 The City Council of the City of Palm Beach Gardens, Florida, approves an
amendment to Resolution 39, 1996 providing for a site plan amendment for the modification of
the elevations, square footage and signage of a medical clinic to be known as the Bascom Palmer
Eye Institute
Section 2 Said approval shall be consistent with plans filed with the City’s Growth
I
Management Department as follows
1.
2
July 3, 1997 Site Plan, Spillis, Candela & Partners, Inc , Sheets A0 1 & A0.2.
June 5, 1997 Floor Plans, Phase I, Spillis, Candela & Partners, Inc , Sheets A2 1 -
A24
P
3.
4.
5.
6.
July 3, 1997 Architectural Elevations, Spillis, Candela & Partners, Inc.,
Sheets A5 1 & A7.11
July 28, 1997 Architectural Elevations, Spillis, Candela & Partners, Inc., Sheets
A5uuxza
June 9, 1997 Floor Plans, Phase 11, Spillis, Candela & Partners, Inc., Sheets
A6.11- A6.41
July 9,1997 Landscape Plan, Spillis, Candela & Partners, Inc., Sheet L1
Section 3. Section 2 of Resolution 39,1996 is hereby repealed and replaced with
the following conditions which shall constitute requirements upon the approved amendments:
In order to verify on-site water quality retention and allowable discharge from this
project, the applicant shall provide the portion of the PGA master drainage plan for this
site. This information shall be provided prior to the issuance of the first building permit.
A lighting plan, certified by a registered engineer, which meets the Land Development
Regulations requirements, shall be submitted prior to the issuance of the first building
permit.
At such time in the future, if the City takes over landscape maintenance for Fairway
Drive, the property owners of the subject property shall pay a maintenance fee to the City
for landscape maintenance of the adjacent road shoulder and half of the median. A
reasonable fee shall be determined annually by the Growth Management Director and
paid in quarterly installments commencing on the first of November.
A sidewalk easement, granting access to the public, shall be provided for the 6-foot
sidewalk located along PGA Boulevard and the 5-foot sidewalk located along Fairway
Drive prior to the issuance of the first building permit. The sidewalks shall be maintained
by the property owner, without recourse to the City of Palm Beach Gardens.
An easement provided for the maintenance of the PGA National entrance sign and
associated landscaping by the PGA Property Owners Association shall be provided to the
City prior to the issuance of the first building permit. The property owner shall have the
right, but not the obligation, to maintain the PGA National entrance sign and associated
landscaping.
If the Developer chooses to provide Art-in-Public Places on site in lieu of monies, the art
shall be provided outside the building.
Resolution 8,1998
Page 2
PASSED AND ADOPTED THIS THE
VH RCSkOY~YOR I
ATTEST.
LINDAV KOSIER
APPROVED AS TO LEGAL FORM AND
SUFFICLENCY.
CITY ATTORNEY
VOTE AYE NAY ABSENT MAYOR RUSSO J
VICE MAYOR FURTADO 7-- J--- COUNClLWOMAN MON ROE --
COUNCILMAN CLARK ---
COUNCILMAN JABLIN
Resolution, 1998
Page 3
G \Short Range\SP9707 RES
I
March 21, 1996
RESOLUTION 39, 1996
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, APPROVING A SITE
MEDICAL OFFICE BUILDINGS TOTALING 67,980 SQUARE
FEET ON A 7 01 ACRE SITE LOCATED WITHIN THE PGA
NATIONAL PLANNED COMMUNITY DEVELOPMENT.
PLAN FOR THE CONSTRUCTION OF TWO, THREE-STORY
WHEREAS, the City's Planning and Zoning Department has received and reviewed an
application for site plan approval for two 3-story medical office buildings located in the PGA National
Office park within the PGA National Planned Community Development, and
WHEREAS, the Planning and Zoning Department has determined that &aid site plan is
consistent with the City's Comprehensive Plan;
WHEREAS, the City's Planning & Zoning Commission has reviewed the application and
recommended it for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA.
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves
a Site Plan for the construction of two 3-story medical office buildings totaling 67,980 square feet
on a 7 01 acre site located in the PGA National Office Park within the PGA National Planned
Community Development
The Site Plan approval is conditioned upon the petitioner's compliance with
the following conditions:
1 In order to verify on-site water quality retention and allowable discharge from this
project, the applicant shall provide the portion of the PGA master drainage plan for
this site This information shall be provided prior to issuance of the first building
permit
2. A lighting plan, cded by a registered engineer, which meets the Land Development
Regulations requirements, shall be submitted prior to the issuance of the first building
permit.
3. At such time in the future, if the City takes over landscape maintenance for Fairway
Drive, the property owners ofthe subject property shall pay a maintenance fee to the
City for landscape maintenance of the adjacent road shoulder and half of the median.
A reasonable fee shall be determined annually, paid in quarterly installments by the
property owner commencing on the first of November.
4. A sidewalk easement, granting access to the public, shall be provided for the 6-foot
sidewalk located along PGA Boulevard and the 5-foot sidewalk located along
Fairway Drive prior to the issuance of the first building permit. The sidewalks shall
be maintained by the property owner, without recourse to the City of Palm Beach
Gardens.
5. An easement provided for the maintenance of the PGA National entrance sign and
associated landscaping by the PGA Property Owners Association shall be provided
to the City prior to the issuance of the first building permit. The property owner shall
have the right, but not the obligation, to maintain the PGA National entrance sign and
associated landscaping.
6. If the Developer chooses to provide Art-in-Public Places on site in lieu of monies, the
art shall be provided outside of the building.
7. Prior to the issuance of the initial building permit, the construction plans shall reflect
the following modifications:
a. Reflect the location of the 6-inch (Type “D) curbing proposed to protect
Landscaping from vehicular encroachment per Section 153.17(c) of the City’s
Land Development Regulations;
b. The “One-way” drive aisle west of the porte cochere shall be redesigned by
tapering the width from 21 feet to 15 feet and not be allowed to skew to the
southwest as recommended by the City Engineer.
8. Only one wall sign in all capital letters shall be allowed and letters shall not exceed 18
inches in height.
SECTION 3. Said construction shall be consistent with plans on file with the City’s Planning
and Zoning Department as follows:
1.
2.
3.
4.
March 12, 1996 Site Plan Phase I AO. 10 by Spillis Candela & Partners, Inc. 1 Sheet.
March 12, 1996 Site Plan Phase I1 A0.20 by Spillis Candela & Partners, Inc. 1 Sheet.
January 18, 1996 First Floor Plan Phase I A2.10 by Spillis Candela & Partners, Inc. 1
Sheet.
January 18, 1996 Ground Floor Plan Phase II A2. I1 by Spillis Candela & Partners, Inc.
5.
6.
7.
8.
9.
10.
11.
12.
13.
1 Sheet.
January 18, 1996 Second Floor Plan Phase I A2.20 by Spillis Candela & Partners, Inc.
1 Sheet
January 18, 1996 Second Floor Plan Phase I1 A221 by Spillis Candela & Partners,
Inc. 1 Sheet
January 18, 19% third Floor Plan Phase I A2.30 by Spillis Candela & Partners, Inc.
1 Sheet
January 18, 1996 Third Floor Plan Phase I1 A2.3 1 by Spillis Candela & Partners, Inc.
1 Sheet.
January 18, 1996 Roof Plan Phase I A240 by Spillis Candela & Partners, Inc. 1 Sheet
January 18, 1996 Roof Plan Phase I1 A2.41 by Spillis Candela & Partners, Inc.
1 Sheet.
February 15, 1996 Elevations Phase I A5.10 by Spillis Candela & Partners, Inc.
1 Sheet
February 15, 1996 Elevations Phase I1 AS. 11 by Spillis Candela & Partners, Inc.
1 Sheet
January 18, 1996 Landscape Plan L1 by Spillis Candela & Partners, Inc. 1 Sheet.
SECTION 4, This Resolution shall become effective upon adoption.
INTRODUCED, PASSED AND ADOPTED
';Fsr;: H R. RUSSO, MAYOR F
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR FURTADO ---
COUNCLLWOMAN MONROE - r/
COUNCILMAN JABLIN ---
COUNCILMAN CLARK J
/
L/
I/ --
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 17,2005
Meeting Date: April 7,2005
Resolution 55,2005
SubjecUAgenda Item: A Resolution of the City Council of the City of Palm Beach
Gardens, Florida Amending Resolution 11 5, 2004, which Approved an Upland
Preserve Set Aside for Donald Ross Village Planned Unit Development, to Provide a
Corrected Legal Description; and Providing an Effective Date.
[XI Recommendation to APPROVE
I1 Recommendation to DENY
Reviewed by:
City Attorney 06
Financfj D’ ector a
/ Submitted by:
Department Director
Ci& Mdager
Originating Dept.:
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
PNotified
[ x ] Not required
costs: $
(To ta I)
$- Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 55, 2005
[ ]None
Date Prepared: March 17,2005
Meeting Date: April 7,2005
Resolution 55,2005
BACKGROUND:
Resolution 11 5, 2004 was adopted by City Council on July 1, 2004. Staff recently
learned that the legal description in Resolution 115, 2004 is incorrect. This
Resolution 55,2005 amends the legal description. All other conditions of Resolution
115,2004 remain in full force and effect.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution 55,2005.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
RESOLUTION 55,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING RESOLUTION 115,2004,
WHICH APPROVED AN UPLAND PRESERVE SET ASIDE FOR
DONALD ROSS VILLAGE PLANNED UNIT DEVELOPMENT, TO
PROVIDE A CORRECTED LEGAL DESCRIPTION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on April IO, 2003, the City Council adopted Ordinance 53, 2002,
which approved the master site plan for a planned unit development (PUD) with 156
multi-family residential units, a 93-rOOm hotel, 9,000 square feet of professional
(business) office, 3,236 square feet of gas/convenience store, 4,000 square feet of
bank, 88,987 square feet of general retail, 13,000 square feet of restaurant use, 2,400
square feet of outdoor seating area for retail, and 14,873 square feet of drug store on
an approximately 45-acre site generally bounded by Donald Ross Road to the north,
Central Boulevard to the west, and Military Trail to the east; and
WHEREAS, on July 1, 2004, the City Council approved Ordinance 23, 2004 to
allow the applicant to mitigate up to 29% of the upland preserve requirement off site;
and
WHEREAS, on July 1, 2004, the City Council also approved Resolution 115,
2004, which permitted an alternative form of mitigation in lieu of on-site preservation for
the Donald Ross Planned Unit Development, as permitted by Section 118 (b)(l) and (3)
of the City's Development Regulations, entitled "Alternative Forms of Mitigation; and
WHEREAS, it has been determined that the legal description submitted by the
applicant for Resolution 1 15, 2004 was incorrect; and
WHEREAS, the applicant has submitted a corrected legal description to the City;
and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
Date Prepared: March 17,2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: March 17,2005
Resolution 55, 2005
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida
hereby approves the upland preserve set aside location for the Donald Ross Village
Planned Unit Development located off of the Beeline Highway, approximately 1.25
miles northwest of PGA Boulevard (hereinafter called the Donald Ross Village
Mitigation Parcel), as more particularly described below:
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN SECTIONS 1 AND 2, TOWNSHIP 42 SOUTH, RANGE
41 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2; THENCE
SOUTH 00’57’42” WEST ALONG THE EAST LINE OF SAID SECTION 2. A
DISTANCE OF 516.20 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING
SAID EAST SECTION LINE NORTH 53’39’33” WEST, A DISTANCE OF 276.67 FEET;
THENCE SOUTH 36’27’49” WEST, A DISTANCE OF 138.55 FEET; THENCE SOUTH
53’39’33” EAST, A DISTANCE OF 212.21 FEET; THENCE SOUTH 36’27’49” WEST,
A DISTANCE OF 178.50 FEET; THENCE SOUTH 53’39’33” EAST, A DISTANCE OF
658.77 FEET; THENCE NORTH 36’17’33” EAST, A DISTANCE OF 317.05 FEET;
THENCE NORTH 53’39’33” WEST A DISTANCE OF 593.37 FEET TO THE POINT OF
BEG1 NNI NG.
CONTAINING 5.47 ACRES, MORE OR LESS.
SECTION 3. All other conditions of Resolution 115, 2004 shall remain in full
force and effect.
SECTION 4. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
2
Date Prepared: March 17,2005
Resolution 55. 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
PASSED AND ADOPTED this day of ,2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl E N CY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLlN
COUNCILMEMBER LEVY
COUNCILMEMBERVALECHE
COUNCILMEMBER BARNETT
Joseph R. Russo, Mayor
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\upland preserve - donald ross vlg - amended - reso 55 2005.doc
I
3
Date Prepared: May 4,2004
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
RESOLUTION 11 5,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, APPROVING A REQUEST BY
DONALD ROSS I MILITARY, L.C., FOR AN UPLAND PRESERVE
SET ASIDE FOR DONALD ROSS VILLAGE PLANNED UNIT
DEVELOPMENT (alkla PARCELS 4.02 AND 4.04) TO BE LOCATED
ON A 3.09-ACRE SITE ON THE BEELINE HIGHWAY,
APPROXIMATELY 1.25 MILES NORTH OF PGA BOULEVARD, AS
MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR
CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on April IO, 2003, the City Council adopted Ordinance 53, 2002,
which approved the master site plan for a planned unit development (PUD) with 156
multi-family residential units, a 93-room hotel, 9,000 square feet of professional
(business) office, 3,236 square feet of gashnvenience store, 4,000 square feet of
bank, 88,987 square feet of general retail, 13,000 square feet of restaurant use, 2,400
square feet of outdoor seating area for retail, and 14,873 square feet of drug store on
an approximately 45-acre site generally bounded by Donald Ross Road to the north,
Central Boulevard to the west, and Military Trail to the east; and
WHEREAS, the applicant proposed to mitigate up to 29% of the upland preserve
requirement off site, thereby requiring an amendment to Conditions 37 and 38 of
Ordinance 53,2002, as amended by Ordinance 23,2004; and
WHEREAS, Donald Ross / Military, L.C. has requested approval (MISC-04-19)
from the City of Palm Beach Gardens for an alternative form of mitigation in lieu of on-
site preservation for the Donald Ross Planned Unit Development, as permitted by
Section 118 (b)(l) and (3) of the City's Development Regulations, entitled "Alternative
Forms of Mitigation; and
WHEREAS, the Growth Management Department has reviewed said
applications and has determined that the mitigation request for off-site preservation is a
benefit to the City that equals or exceeds the expected benefit that would have been
derived from the complete on-site preservation within the Donald Ross Village Planned
Unit Development (PUD); and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that this Resolution is consistent
with the City's Comprehensive Plan based on the following findings of fact:
Date Prepared: May 4,2004
Resolution 11 5,2004
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
1. The applicant has satisfied the criteria established in Section 78-250 of
the City's Land Development Regulations and Policy 6.1.5.6. of the
Conservation Element of the City's Comprehensive Plan.
2. The proposed approvals are not a detriment to the public safety and
welfare within the City of Palm Beach Gardens.
The proposed uses are in harmony with the general purpose and intent of
the Code.
3.
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTlON2. The City Council of the City of Palm Beach Gardens, Florida
hereby approves the upland preserve set aside location for the Donald Ross Village
Planned Unit Development located off of the Beeline Highway, approximately 1.25
miles northwest of PGA Boulevard (hereinafter called the Donald Ross Village
Mitigation Parcel), as more particularly described below:
LEGAL DESCRIPTION:
3.09 ACRES OF LAND LOCATED WITHIN PARCEL 18.A18.
A PARCEL OF LAND LOCATED IN SECTIONS 1 AND 2, TOWNSHIP 43 SOUTH,
RANGE 41 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH
GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF
PGA BOULEVARD AND THE NORTHEAST RIGHT-OF-WAY LINE OF THE BEELINE
HIGHWAY; THEN NORTH 53'39'33" WEST, ALONG SAID NORTHEAST RIGHT-OF-
WAY LINE OF THE BEELINE HIGHWAY, A DISTANCE OF 230.95 FEET TO THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND.
THENCE NORTH 39'25'54" EAST, A DISTANCE OF 630.95 FEET; THENCE NORTH
88'29'33" EAST, A DISTANCE OF 746.28 FEET; THENCE NORTH 01 '50'28" EAST, A
DISTANCE OF 331.75 FEET; THENCE NORTH 88'31'49" WEST, A DISTANCE OF
632.01 FEET; THENCE NORTH 53'39'33" WEST, A DISTANCE OF 6,085.22 FEET;
THENCE SOUTH 36'22'07" WEST, A DISTANCE OF 1000.00 FEET; THENCE
SOUTH 53'39'33" EAST, ALONG THE SAID NORTHEAST RIGHT-OF-WAY LINE OF
2
Date Prepared: May 4,2004
Resolution 115.2004
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
THE BEELINE HIGHWAY, A DISTANCE OF 6,168,82 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL.
OFF-SITE MITIGATION
1. The legal description shall be used as a guideline for the location of
approximately 3.09-acres of upland preserve set aside. Prior to the issuance
of any clearing permit for the "Reserve Preserve" area on the Donald Ross
Village Planned Unit Development (a/k/a Parcels 4.02/4.04), a conservation
easement in a form acceptable to the City Attorney shall be recorded in the
public records of Palm Beach County over the Beeline Highway mitigation
parcel (alkla Donald Ross Village Mitigation Parcel). Said "Donald Ross
Village Mitigation Parcel"" conservation easement shall be dedicated to a
private or public entity for maintenance responsibilities. (City Forester)
2. Prior to the issuance of any clearing permit for the "Reserve Preserve" area
within the Donald Ross Village Planned Unit Development (a/Wa Parcels
4.02/4.04), the petitioner shall obtain staffs review and approval of the
Upland Preserve Management Plan for the "Donald Ross Village Mitigation
Parcel", unless staff receives confirmation that the parcel has been dedicated
to Palm Beach County for ownership and maintenance. (City Forester)
3. Prior to issuance of the first non-residential Certificate of Occupancy for the
Donald Ross Village Planned Unit Development, all exotic vegetation shall be
removed from the "Donald Ross Village Mitigation Parcel." (City Forester)
SECTION 3. This approval shall be in compliance with the following plans on file
1, Vegetative and Wildlife Assessment, 11.05.03, Cotleur-Hearing, 17 pages.
with the City's Growth Management Department:
SECTION 4. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
3
... .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45 46
Date Prepared: May 4,2004
Resolution 1 15,2004
PASSED AND ADOPTED this I5r day of 93uf ,2004.
CITY OF PALM BEACH GARDENS, FLORIDA -n
ATTEST: -
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Chidine P. Tatum, City Attorney -
W
VOTE: -- AYE NAY ABSENT
MAYOR JABLIN ---
VICE MAYOR RUSSO ---
COUNCILMEMBER CLARK ---
COUNCILMEMBER DELGADO ---
COUNCILMEMBER LEVY ---
/
4
/
J
J
G:bttomey-share\RESOLUTlONS\upland preserve - donald ross vlg - res 115 2004.doc
4
1934 Commerce Lane, Suite 1
Jupiter, Florida 33458
561.747.6336
(Fax) 561.747.1 377
To: 13hristine Tatum PI elm: Darlene Schaukowitch
Fax: !i61-7994139 PI lftas: 17 including the cover page.
City of Palm Beach Gardens
Phone: ,561-7994138 D ide: 0311 712005
Re: Donald Ross Wage c ;:I
Legal Description Clarlflcation
CH Project #03-07i9
Dear Ma,. l'atum:
Per t8Ur discussion this morning, the enclosed lelte t with 8ttachmentS Will clarlfy the Legel
Descrlpfon and that the assessment was done on the right property as listed. After your review Of
thew drmrnents, please let me know if you have 1 my questions. Thanking you in advance for
your coopwatlon in thls matter. (This was also ti-rnalled to you, and the orlginal Is being
mailed ,)
'This Fax is confidential and intended mialy for the use of the individual or entity to whom they are
uddh,s$?d If you hgve received thk In error, please n tdlfy the Mender. Thenk you.
608-4 LD'd €11-1
.
March 17,2005
kls. Christine Tatum
City of Palm Beach Gardens
I DSD0 North Military Trail
Faltn Beach Gardens, FL 3341011698
Re: Vegetation and WildlPfe Assess! iwnt
Proposed Beeline Mitigation Pri:tperty
For Donald Ross Village
Sections 4 & 2, Township 42S, I llrrnge 41 E
City of Palm Beach Gardens, FI8:vida
CH Project W 034719
Clear Ms. Taturn:
F'leiase accept this letter as our witten rtmfirmation that the actual Vegetation
a nd Vdildlife Assessment done on Now miber 5,2003 was done on the above
rl?fm!nced site, and that the above leg ill description is the correct site location of
tliai. assessment. A copy of the legal description, map and corrected Vegetation
ii nd VJildlife Assessment is attached fo I your review.
l'hom was an ertoneous typographical mor in the Legal Description oh
Resolution I 15, Vegetation and Wildlifl i! Assessment for this property which was
s ubmittd and approved by the City Cc luncil, as well as another typographical
wror in the Legal description on our PIMP report of November 5, 2003.
llle apologize for the oversight, and hc prz that this letter will clear up the*
discrepancies. Please do not hesitate Ix) contact us if you have any questions.
Thank you for your cooperation.
Idanager of Environmental Services
I 'Q:~Js
I \ttachinents
Muptewood Pr>fesaiaial cehter
1934 Cotnrner.:e Lmca - Suib I
Jupiter Florido 33115f:
Lic.8 L';.CO007!39
Iittp:// urvlw.cn 4ei.11 .hcnring.com
561,7d7-6336 FA): 5 51.747-1377
I DESCRIPTION XC SKETCH PREPARED FOR:
PhLhI BLACH RCQUJ.STTIONS LLC
I 15.47 ACRES, SECTIONS 1 ti 2/42/41 DCINALD ROSS VILLAGE
--I- ' .31
LEGAL D I:XIi1YTTON
A 'AXEL OF LAND LYING IN SECTIONS 1 AN .I 2, TOWNSHIP 42 SOUTH, RANGE 41 EAST, PALM BEACII COUNTY, FLORIDA. BEING MORL ')ART~CULAYI Y DESCRlBF3 AS FOLLOWS:
Cr MhjENClNG AT THE NDRT1.IEAS'r CORNER 0. SAID SECTION 2; TI..!ENCE SOUTII OOd 57'42''
WE'S'' ALONG WE EAST LINE Ot SAID SECT1 111 2. h DISTANCE OF 516.20 FEET TO THE
PCIN'i' OF BEGINNING: THENCE DEPAHTINI; SA : LAST SECTION LINE NORTH 5.3' 39'33" WEST, A DISTANCE OF 276.67 FEET; tl.lENCE SOUT I 36" 27'49" WEST, A DISTANCE OF 138.55 FEES; THENCE SOUTCl 53' 39'33" EAST, A DE.-,'\NCr OF 212.21 FEET: THENCE SOUTH
3E" 27'49" WEST, A DISTANCE OF 178.50 FEE T. TIIKNCE SOUTI4 53. 39'33" EAST,
A DISTANCE OF 658.77 FEEl: TYENCE NORTI I 36" 17'3J'' EAST, A DISTANCE OF
517.~15 FEET; THENCE NORTH 53-39'5~ WF: r A DISTANCE OF 593.37 FEET 70 TLE POINT OF BEGINNING.
CCIN"AINING 5.47 ACRES, MORE OH LESS.
BOB-d EO'd ELL-1
5.47 \CRI;S, SEC'I'IONS 1 81 2/42/41 DCNALD ROSS VILLAGE
I
- Im.lOH 'r HE AST CORNER :I:(: I'ION 2, TOWNSHIP 42
NORTH LINE, SECTION 2 -.,..-- ",.. - a,.----._ --
\ \
CRAPHIL SCALE IN 2 I1 r,EE1
SCALE: 1" -
!
!
608-d PO'd €11-1
Vegetation and W'ildlife Assessment
Proposed Beeline IUlitigation Property
F 73r
Donald Rc~s Village
Sections 1 & 2, Township 42S, Range 41E
City of Palm Bearr;lli Gardens, Florida
CH Proje ::t ## O3-0719
November 5,2003
Prep wed by
Cotleur & Hearing Inc.
1934 Commet;c:e Lane, Suite I
Jupiter, Fllorida 33458
Go 1:Ieur & He ;:iring
6064 EO'd ELI-1 +Odd ww: I1 EO-1 I-IM
Vegetation and W ildlife Assessment
Donald R IISS Village
Proposed Beeiine Iditigatson Property
Sections I & 2 Ran ;IC 47 E Township 42s
Palm Beach ( .:;;it-dens, Florida
1. In1:rcrduction
The ‘irri of Cotleur & Hearing Inc. was re :sined by Donald Ross Village to perform an
environmental assessment of a .47- site located on the Beeline Highway,
approximately 1.25 miles north of PGA Bc lulevard. Access to the site is available from
the 13eeline Highway, which is 400 feet mufh of and parallel to the site. A canal
emb;rnlurient, that parallels the Bee Line k iInhway) provides the most convenient means
of ingress; and egress to the site.
0
II. Purpose
The abiec=t’ies of this assessment are to d I8iermine the existing vegetative communities,
the presence of state and/or federally listi!d protected species and the suitability of the
habi:at to be used as compensatory nrlitigation for upland mitigation. A specific
objedive was to determine the extent to rirliich upland habitat, as defined by the Town
of P ah Beach Gardens comprehensive I hn exists on site. The Donald Ross Village
(DR’J) pfoject is proposing to utilize the si~bject property to compensate for impacts to
pine fliatwood habitat on DRV site. The ::I@ of Palm Beach Gardens comprehensive
pian and land development mgulations piwide for off site compensatory mitigation in
actxrrdarrce with specific criteria that has t been justified by the applicant.
111. I3 lstlng Conditions
Acceu; was available from the souttiwesi !tide of the property. Random transects were
c;onducted to assess the existing conditio ‘I!; and quallty of the habitat. The upland area
beir g proposed as off site compensatory mitigation is irregular but genemlb tectangular
in Slam A ditch and associate smbankirwnt parallels the Beetine Highway and forms
the south boundary of the site, The propiarty owner has been requested la provide off
806-4 90’d ELL-1
site rnitlgation on adjacent areas for other i ipplicants needing to satisfy the requirements
of the City of Palm Beach Ggrdens for upland habitat set aside. It is the property
ownctr's object to group all such mitigation areas together to farm a larger more
cohesive and ecologically viable system. 'The lands lying north and east of the canal
have been targeted as most suitable foL such PU~~OS~S. The canal and its related
smbanlcnrent setve as a physical barrier iiriparatlng these lands from the developable
land!s adjacent to the Bee Line Highway.
/
The proposed ' 3-acc-_Ui)'Bnd mitigation r3rea consists predominantly of native pine
flatwood habitat. The canopy vegetation c:)irtaina slash pine with few scatted Dahoon
holly and bald cypress. Isolated MelaEBirca and Brazilian pepper were observed in
distu-bed areas and around the fringes 01 upland polygons. The ground cover consists
mainly of saw palmetto, gallbeny and vrire grass. The surrounding land USe8 are
undcweloped pine flatwoods and wetland :mas. To the north and east of the site exist
publcl]~ owned haturd areas that are a p, lit f of the Loxahatchee Sough end an integral
comoonent of the Comptehehsk Eve4 Itsbes Restoration Program (CERP). To the
sout hwsst of the site lies the North Palm E leach County Genera! Aviation facility.
\
IV. Wls
The on-site soils are identified by the Soil ihvey of Palm Beach County 88:
1. Rivlera fine sand
2. Riviera fine send, depressiol trrl
Eaci soil is described a$ fallows by the Pillin Beach County Soil Survey:
Ra-Riviera flne sand. Thit; is a nearly level, poorly drained soil
that has a thick sandy sub: urface layer that tongues into a loamy
subsoil at a depth of 20 to 1141 inches. The soil is in broad, natural
conditions.
$064 1O'd Ell-1
included with this soil in marlping are small areas of Boca, Pineda,
Pinellas, Oldsmer, Wabasso, I folopaw, and Hallandale soils.
The natural vegetation is wtv palmetto, slash pine, pineland three-
awn, inkberry, blue maidenct trre, toothache grass, chalky bluestem,
smfterd cabbage palm, anc cypress trees.
RdlRCvieta flne sand, deprritmianal. This Is a nearly level, poorly
drained soil that has a loam 1' subsoil. This soil is in shallow, well-
defined depressions.
Included with this soil in maC iping are areas of Holopaw soils, With
make up about 30 percent cl some areas. Also included are small
areas of Floridana, Tequestg and Chobee soils.
The natural vegetation is t !mress, needlegrass, St. John's wort,
Corkweed, I\rtelaleuce, picke .eilweed, sand cordgrass, maidencane,
and water tolerant plants.
Alsc altached is a copy of the Soil Survey iiiap with the site highlighted.
V, F:LUCCS Codes
The sife can be divided into categories ~iider the Florida Land Use, Cover and
Forrns Classification Syetem (FLUCCS). Eee Exhibit]
- FLUCCS Code pescrir :tis
4'11- 3.01 ac
5'1 3- 0.08 ac
F irie flatwoods
C :mal-Ditches
VI. EiidlangeredIThreatened Sped res
Pricr tis conducting fleld surveys, a searc-i of the literature was undertaken to ascertain
which state andlor federal endangered, threatened or species of special mnctsm
potentially exist on site. The literatu'e which was surveyed included, "Florida's
6064 80'd ELL-1
Endmglered Species, Threatened Specie I; and Species of Special Concern", August
1997, the "Rare and Endangered 6idi11 of Florida", Volumes 1-5 and "Florida's
Endrmgered and Threatened Plants". Th !! following species were found to potentially
exist oft this site and during the site assei.sment surveys special emphasis was placed
upor tt e search for these species or wide 11 I;e of their presence,
CommonName
FISH (None)
S r:i@ntlflc Name Llsted $bhs - .*
AMF HlBlANS
Gopher frog
REP TI I ,ES
American alligator
Eastern indigo snake
Gopher tortoise
E31RIX3 WOOd StQrk
White Ibis
Great egret
Little blue heron
Snowy egret
Tricolored heron
MAMvIALS (None)
PIA Nl'S
Curtis's milkweed
Spreading pinweed
Key to Status
E = Endangered
A Vigator mississip piensis
t rymarchon coreis couperj
6 lopherus polyphemus
I sclepias cuttissii
1 19 cba divaricefa
808-d 6O'd ELL-1
1- :: Threatened
SC = Species of Special Concern
No evic ence of state or federal listed spec le s was found during this survey. No colonial
bird iie:;ting or roosting occurs on the subjt rc t property.
VI[. Upland Habltat Analysis
Pursuant to the Conservation Element Pal ~y 6.1.5.6 of the City of Palm Beach Gardens
Comprehensive Plan, Cotleur & Heailrig Inc. has 9 preliminary Reid
review was to
ascertain the quallty upland habitat arew on site. The upland habitat comprises
approximately 90 percent of the site an:I ccrnsists of a mature slash pine and saw
palrrl@t:o community. The uplands contair frome exotic vegetation.
reecojnzance and review of aerial photogwphs for
prop~sx~ for the Donald Ross Village prrrject.
mitigation area
T
The on-site uplands repmsent good qualit)' habitat availabte for use as a mitigation site.
The di?Wbed areas created by the ditclks and the off-road vehicles can be readily
rehabilitated in conjunction with the remou tal of exotic vegetation from the site.
6064 Ol'd ELL-1
VIII. VEGETATION LIST - Common. Namg
(:nibs eye*
E:arleaf acacia"
False nettle
Spanish needle
tkrautyberry
Australian pine*
E Awdagascar periwinkle
Sandspur
I3attlebox
!5dge
Globe sedge
13eggars lice
Dog fennel
Spider orchid
hggon grass*
Redroot
Lantana"
Sweet peppergrass
Primrose willow
Japanese climbing fern*
Punk tree*
Wax myrtle
Mytsine
Boston fern"
Sword fern
Tt~pedo grass*
Virginia creeper
Napier grass*
Elot9nkal Name
Abms precatorfus
Acacia euriculiformus
Boehmerie cyclindrica
Bidens pilosa
Callicatpa ame&0na
Casuarina equisetfblia
Catheranthus mseus
Cenchnrs incertus
Crvtaleria pallida
CYPe~S SPP
CYPems SPP
Desmodium lineaturn
Eupatorium cepNiblium
Habemria don fopetala
Hypericum gentiarraides
lmpmta cyiindrice
Lachnanthes carolinma
Lantana camara
Lepidium virginicum
Ludwigia peruviena
Lygdium japwicum
Meleleuca quinquenen/ia
MYfiCB ceriilsm
Mymine floridam
Nephdepis conliblid
Nephmlqpis spp
Panicum repens
Patthenocissus quinguefolia
Pennisetum purpureum
2 16-4 LO'd 911-1
$"--
Slash pine
Painted leaf
Bimkerrfern
Cabbage palm
Pond willow
Elderberry
Btorilian pepper*
Saw palmetto
C;a&rier
Cattail
Caesanrveed
Para grass*
Wild grape
Chalky bluestem
*indicates an exotic species
IX. 'Nitldlife Observation
@mmon Name
Brown anole
Cardinal
Yellow-shafted flicker
Black racer
BI uejay
Pafm warbler
Common yellowthroat
Rtd-bellied woodpecker
Mmkirtgbird
Bluegray gnatcatcher
Carolina wren
Brown thrasher
White-eyed vireo
Mourning dove
Pinus e//iuttii
hinset!h heternphyla
Pteridium aquilinum
Sabal pairnetto
Salix camlrhiana
Sambucus canadensis
Schinus terebenthifoiius
Semnue repens
Smilax spp
TVph3 SPP
Umna /ob&
Urochloa matica
Vitis spp
Scientific Name
Anolis sagmi
Cardinalis cardinalis
Colaptes auratus
Ca lu ber constrictor
Cyanocita cristata
Dendmice palmata
Geothlypis tuchis
Melenerpes carolinus
Mimus p~l~@c~tias
Polioptils caemla
Thryothorus ludovicianus
Toxastoma rufum
Vireo griseus
Zeneida maemurn
016-4 iO'd PLI-1
X. Conclusion
The sis contains a pine fiatwoads comtrilinity and herbaceous marsh complex. The
pinelard communhy on this site incrt!slses in value when kept intact with the
summiding wetland and upland areas. tlw surrounding lands to the north and east are
publicly owned preserved lands that will r at be built upon in the future. The lands are a
part of the loxahatchee River Watershed, cauth Florida’s only wild and scenic river. The
subjoc; tnhgation lands will be joined wth thousands of acres of other public lands
forrr ing :I continuous greenway corridor fi ‘urn the Bee Line Highway to the Loxahatchee
River. The placement of the subject land E; into the public realm furthers the Goals and
objectl-res of Palm Beach County, SFWh D, the Sate of Florida and the Federal CERP
project. ’This is a dear case where ecclcrgical is greater as a part of the whole as
opposc!d to the sum of the parts. The us!! of the site as an environmental set aside is
ccmislent with the requirements of the 1:Xy of Palm Beach Gardens Comprehensive
Plar and furthers regional and national rcologicaf objectives. It is our opinion that the
site s appropriate for preservation and thr IJSQ as upland mitigation. The presenration of
the tiutbject lands is in the best interest of *]he citiierrs of Palm Beach Gardens.
The wintral wetland and the connected rl rainage ditch are jurisdictional waterbodies,
regulatwl by the South Florida Water Malurgement District and the U.S. Amy Corps of
Engineers. Any mitigation activities that iinpact these wetlands will require permits from
both agencies due to the potential irniwrcts to adjacent property owners and the
conriectbn to other water bodies.
XI, Pictures
Attachid
XU. List of Figures
Lwiticln Map
USGS Qdadrangle Map
Soil Map
FLU’XS Map
1 .
I1 .
111 .
IV .
V .
VI .
VI1 .
Table c :f Contents.
Iiitroductian ........................................................................................................... 2
F’u pose ............................................ , .................................................................... 2
Existing Conditions ................................................................................................ 2
Eioils ...................................................................................................................... 3
F’LWCCS Codes .................................................................................................... 4 EindangmedKhreatened Species .......................................................................... 4
llpland Habitat Analysis ........................................................................................ 8
VIII . &getation List ......................................................................................................... 7
IX . Cllildlife Obsenration .............................................................................................. 8
X . Condusion ............................................................................................................ 9
XI . Pictures ................................................................................................................. 9
XI1 . List of Figur&.,. ..................................................................................................... 9
In- *
Phot[) 2 Looking amss property. (Note mars1 I mas)
016-J !iO'd PLI-1
Phiii i : ljpland photo from sfte Interior.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 4,2005
Meeting Date: April 7,2005
Ordinance 6,2005
Subject/Arrenda Item
Ordinance 6,2005: Amendments to City Code and Land Development Regulations
Relating Primarily to the Conditional Use Review Process
Public Hearing and First Reading: A City-initiated request to amend the Palm Beach
Gardens Code of Ordinances relating to the powers and duties of the planning, zoning, and
appeals board, the conditional use review process, the review of development order
applications, application procedures, and permitted uses, conditional, and prohibited uses.
[ X ] Recommendation to APPROVE
[ 3 Recommendation to DENY
Tala1 Benothman, AlCP Tb
Director \ I Planning and oning Division 4
Christin N .Tat m
City Attorney
1 Bahareh Wolfs, AlCP
NIA
Development Compliance
Administrator
1 Approved by:
Originating Dept.:
Growth Management:
Jackie Holloman
[ ] Quasi-Judicial
[ XI Legislative
[ X ] Public Hearing
Advertised: Yes
Date: March 23. 2005
Paper: Palm Beach
Post
[ ] Not Required
qfloeted parties:
[ ] Notified
[ XI Not Required
Finance: NA
Costs: $ NA
Total
$ NA
Current FY
Funding Source:
[ ] Operating
[XI Other NA
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ ] App. w/ conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Ordinance 6, 2005
Date Prepared: March 4,2005
Meeting Date: April 7,2005
Ordinance 6,2005
EXECUTIVE SUMMARY
In order to expedite development application procedures and the review of applications for
development order approval of conditional uses, two categories of conditional uses are
being established: major conditional uses and minor conditional uses. In conjunction with
the establishment of minor and major conditional uses, Chapter 2 of the City Code of
Ordinances and Chapter 78, Land Development Regulations of the Code Ordinances are
also being amended:
Section 2-147. “Powers and duties”;
Section 78-24. “Development review committee”;
Section 78-43. “Review of applications for development order approval”;
Section 78-46. “Application procedures”;
Section 78-52. “Conditional uses”;
Section 78-54. “Public notice”; and
Section 78-1 59. “Permitted uses, conditional, and prohibited uses.”
A new section is also being established to provide for an appeals process.
These amendments and the new section will allow, in part, the Development Review
Committee (DRC) to review, approve, or deny newly reclassified minor conditional use
applications. Maior conditional uses, including such uses as churches and places of
worship, colleges or universities, governmental uses, hospitals post offices, schools, and
auditoriums, will still require public hearings before the planning, zoning, and appeals
board and the city council.
This amendment is also proposing to modify certain permitted and conditional uses which
are listed in Table 21: Permitted, Conditional, and Prohibited Use Chart. For instance,
“Laboratory, Industrial”, is being changed to “Laboratory, Research and Development” and
will be a permitted use in CG-1, CG2, CR, MI, MIA, M2, and P&l zoning districts.
BACKGROUND
On July 20,2000, the City Council adopted Chapter 78, Land Development Regulations, of
the City Code, prepared by Duncan & Associates. Currently, Section 78-43 of the Land
Development Regulations requires that all conditional use requests be reviewed by the
planning, zoning, and appeals board, with the city council being the decision-making
authority.
DISCUSSION
It is staffs opinion that many minor conditional use petitions could be expedited by being
reviewed, approved or denied by the DRC without compromising the public interest. Major
conditional use petitions would still require review by the planning, zoning, and appeals
2
Date Prepared: March 4,2005
Meeting Date: April 7,2005
Ordinance 6,2005
board and the city council. By allowing the DRC to become the decision-making authority
for minor conditional use petitions, many routine requests could be eliminated from the
agendas of the planning, zoning, and appeals board and the city council. In all cases,
minor and major conditional use requests will be based on compliance with the criteria for
such use as outlined in Land Development Regulations Section 78-52, Conditional uses,
(a) Criteria.
Section 2-747. Powers and duties - It is being proposed that further appeals will be made
to the circuit court from any final decision of the planning, zoning, and appeals board within
30 days from the date of the decision. This change pertains only to variances and minor
site plan reviews and approvals by the planning, zoning, and appeals board and does not
pertain to conditional uses.
Section 78-24. Review of applications for development order approval - Amendments to
this section revise the membership of the DRC to consist of representatives of the city
engineer, growth management director, police chief, fire chief, public works director, and
the building official, who may review, approve, or deny minor conditional use applications,
as identified in the Chart of Uses, without further review by the city council. The
Development Review Committee shall also include other city staff or public service
representatives appointed by the city manager, when the DRC is reviewing maior
conditional uses prior to consideration by the City Council. All DRC meetings shall be
conducted as public meetings.
Section 78-43. Review of applications for development order approval - In Table 1,
Development Order Review, and Table 2, Development Review Schedule, a differentiation
is being made between minor and major conditional uses to indicate that the DRC is the
decision-making authority for minor conditional uses and the city council is the decision-
making authority for maior conditional uses.
Table 2: Development Review Schedule, is being revised to include a column showing the
time-line for review of major and minor conditional use applications. A redundant row for
“Council First or Second Reading” is being deleted.
A clause [sub-section (i)] is being added stating that a development order application is
declared withdrawn in the event the applicant has not responded within 30 days to a
request from the growth management director or designee, planning, zoning, and appeals
board, or city council for additional information, plans, or other materials. The growth
management director may grant one additional 30-day period in which the applicant shall
respond to requests for additional information or materials. The applicant, however, must
request the extension prior to the expiration of the first 30-day period.
Section 78-46. Application Procedures - Modifications are proposed which rearrange
existing language in (d)( 1) pertaining to DRC review of minor conditional use applications
by the DRC, which shall review the application and submit its comments and
3
Date Prepared: March 4,2005
Meeting Date: April 7,2005
Ordinance 6,2005
recommendations to the growth management department director not less than 14 working
days following receipt of the complete application. Incomplete submittals by applicants,
review of environmental factors, lack of or incomplete responses to requests for additional
information, complexity of the application, or need for additional information may delay
DRC review and comments. Already included are the criteria the DRC shall consider when
reviewing applications for minor conditional uses.
This section further clarifies that after an application for a major conditional use is certified
by the development review committee, the application shall be scheduled for a public
hearing before the planning, zoning and appeals board.
Furthermore, in the review of minor conditional use applications, the development review
committee shall approve, with or without conditions, or deny the application. Following a
decision by the development review committee, the growth management director shall
issue a written order consistent with the decision of the DRC.
Section 78-52. Conditional uses - Amendments are proposed to establish the two new
categories of maior conditional uses and minor conditional uses and to address
reconsideration in the event of denial of a petition for both categories. This section also
addresses compliance with certain required criteria, public notice, the appeal procedure,
enforcement, removal, inspections , revocations , and prior cond itional uses .
Maior conditional use petitions shall proceed to the planning, zoning, and appeals
board following review by staff and DRC certification. Following a public hearing, the
planning, zoning, and appeals board shall make a recommendation of approval, approval
with conditions, or denial to the city council. The city council shall hold a public hearing
prior to approving, approving with conditions, or denying the major conditional use.
Minor conditional use petitions shall be reviewed by staff and the development
review committee (DRC), and the development review committee shall approve, with or
without conditions, or deny the application.
A clause is being added relative to reconsideration of major conditional uses which have
been denied by the city council. No petition shall be eligible for reconsideration for six
months from the date the application was denied “unless there has been material change
to the application as determined by the growth management director.”
Section 78-54. Public notice - This section is being amended to include the new
categories of major and minor conditional uses. It is being proposed that notices be mailed
to affected property owners and a notice be posted 15 days prior to the DRC meeting at
which minor conditional uses will be considered. A new note (5) is being added stating
that public notice for DRC review of minor conditional uses requires a 15-day posting at the
City Hall complex only and does not require advertisement in the newspaper.
4
Date Prepared: March 4,2005
Meeting Date: April 7,2005
Ordinance 6,2005
Section 78-56. Appeals and reconsideration - Appeals from a final decision of the
planning, zoning, and appeals board or the city council shall be made within 30 calendar
days to the Circuit Court of the Fifteenth Judicial Circuit.
Rezoning applications which have been denied by the city council shall not be eligible for
reconsideration for a rezoning to the same classification for one year. All other
development orders shall not be reconsidered for a period of six months from the date the
application was denied.
Section 78-1 59. Permitted uses, minor and maior conditional uses, and prohibited uses -
The chart of uses contained in this section is being revised to reflect those uses which are
proposed to be minor or maior conditional uses in certain zoning districts, with adjustments
being made to certain accompanying notes as necessary. Please note that variances
from the additional standards applicable to certain uses established within Section 78-1 59
shall not be granted by the development review committee or the planning, zoning, and
appeals board. Several additional modifications have been made to some permitted and
conditional uses and are underlined in the chart, including but not limited to the following:
Dwelling, Single Family, changed from a permitted use (P) in Conservation (CONS)
to a major conditional use (C*);
Antique Shop changed from a conditional use in Neighborhood Commercial (CN) to
a permitted use in CN;
Auto Service Station and Auto Tire Sales changed from conditional use in CGI to
major conditional use (C*);
Fruit and Vegetable Market from a conditional use in General Commercial (CGI and
CG2) to a minor conditional use in CN and a permitted use in CGI and CG2;
Medical and Dental supply sales to also be a permitted use in Research and Light
Industrial Park (MI);
Restaurant, Quality, to allow as a permitted use in CN and CG2 zoning districts;
Clinic, Veterinary, and note 32 deleted because of a duplication of Veterinary Office
and Clinic and note 48, which will remain;
Health, Physical Fitness, Weight Reduction, and Spa to also allow as a minor
conditional use in CN;
Machine Shop not to be a permitted use in MI but allowed as a minor conditional
use in M2;
5
Date Prepared: March 4,2005
Meeting Date: April 7,2005
Ordinance 6,2005
0 Art Gallery was not previously permitted in CN, but will now be a minor conditional
use in CN;
0 Club or Lodge, Private, from a permitted use in CGI and CG2 to a major conditional
use in these districts;
0 Laboratory-Industrial, is being changed to Laboratory-Research and Development
and will be a permitted use in CG-1, CG2, CR, MI, MIA, M2, and P&l zoning
districts;
0 Wireless Telecommunication Facilities from a permitted use in CN to a major
conditional use in CN. In addition, this category is being revised to reflect that even
though the use is permitted in CGI, CG2, CR, MI, MIA, M2, and P&l, it is not
permitted by right, and it will be necessary to pursue the proper approval procedure;
0 Note 65, Agriculture, has new language stating: “All agricultural uses existing as of
(the date of ordinance approval) are permitted to continue. Any proposed
expansion of existing agricultural uses or proposed change that increases the
impacts of the existing agricultural uses, including but not limited to those which
require removal of any environmentally significant lands (upland and wetland),
requires a major conditional use approval.”
PLANNING, ZONING, AND APPEALS BOARD RECOMMENDATION
At its January 11 , 2005, meeting, the Planning, Zoning, and Appeals Board held a public
hearing to review the subject ordinance. The Board voted 7-0 to recommend approval of
the subject ordinance. The following comments reflect the general consensuses reached
by the Board during the review and discussion of the subject ordinance:
0 Hardware stores should be permitted as a minor conditional use in Neighborhood
Commercial - CN zoning districts. Staff has no objection to this comment because
the LDR note No. (16) already limits such uses to 5,000 square feet in the CN
zoning district.
It was noted that the wireless telecommunication facilities use will be amended as a
separate LDR amendment in the near future.
STAFF RECOMMENDATION
The proposed amendments will expedite the review process for minor and routine
conditional use petitions. Therefore, staff recommends approval of Ordinance 6, 2005.
jh/Conditional Use LDR Arnendrnentdstaff report CC 1’‘ reading
6
Date Prepared: March 11, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
ORDINANCE 6,2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO THE POWERS AND
DUTIES OF THE PLANNING, ZONING, AND APPEALS BOARD,
THE CONDITIONAL USE REVIEW PROCESS, THE REVIEW OF
DEVELOPMENT ORDER APPLICATIONS, APPLICATION
PROCEDURES, AND PERMITTED USES, CONDITIONAL, AND
ORDINANCES ENTITLED “POWERS AND DUTIES”; AMENDING
“DEVELOPMENT REVIEW COMMITTEE”; AMENDING SECTION
78-43, CODE OF ORDINANCES ENTITLED “REVIEW OF
APPLICATIONS FOR DEVELOPMENT ORDER APPROVAL”;
AMENDING SECTION 78-46, CODE OF ORDINANCES, ENTITLED
CODE OF ORDINANCES ENTITLED “CONDITIONAL USES”;
PROHIBITED USES; AMENDING SECTION 2-147, CODE OF
SECTION 78-24, CODE OF ORDINANCES ENTITLED
“APPLICATION PROCEDURES”; AMENDING SECTION 78-52,
AMENDING SECTION 78-54, CODE OF ORDINANCES ENTITLED
“PUBLIC NOTICE”; CREATING A NEW SECTION 78-56 TO BE
SECTION 78-1 59, CODE OF ORDINANCES ENTITLED
ENTITLED “APPEALS AND RECONSIDERATION”; AMENDING
“PERMITTED USES, CONDITIONAL, AND PROHIBITED USES” TO
MODIFY CERTAIN PERMITTED AND CONDITIONAL USES;
PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council adopted Ordinance 17, 2004 on June 3, 2004,
amending the City advisory boards and committees in order to establish general policies
and procedures and to update the purpose, powers and duties, and membership criteria
for such boards and committees; and
WHEREAS, the City Council has determined that it is necessary to amend the
Code of Ordinances, Chapter 2, Division 6, Planning, Zoning, and Appeals Board, Section
2-147 entitled “Powers and duties” to provide that further appeals from any final decision
of the Planning, Zoning, and Appeals Board shall be made to the circuit court; and
WHEREAS, the City Council adopted Chapter 78, Land Development
Regulations, of the City Code of Ordinances through Ordinance 17, 2000; and
WHEREAS, the City Council has determined that in order to expedite
development application procedures and the review of applications for development
order approval, it is necessary to amend the City Code of Ordinances, Chapter 78, Land
Development Regulations, Section 78-24 entitled “Development review committee”;
Section 78-43 entitled “Review of applications for development order approval”; Section
Date Prepared: March 11 I 2005
Ordinance 6, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
78-46 entitled “Application procedures”; Section 78-52 entitled “Conditional uses”;
Section 78-54 entitled “Public notice”; and to create a new Section 78-56 entitled
“Appeals and reconsideration”; and to amend Section 78-1 59 entitled “Permitted uses,
conditional, and prohibited uses”; and
WHEREAS, this Land Development Regulations amendment petition (LDR-04-
02) was reviewed by the Planning, Zoning, and Appeals Board at a public hearing on
January 11,2005, and the commission recommended approval by a vote of 7-0; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Code of Ordinances, Chapter 2, Division 6, “Planning, Zoning,
and Appeals Board,’’ Section 2-147 entitled “Powers and duties” is amended to read:
Sec. 2-147. Powers and duties; appeals.
The City Council hereby authorizes the board to hold and perform the following powers
and duties:
(a) Review and make recommendations to the city council on site plans, master site
plans for planned unit developments, planned community developments, and major
amendments thereto.
(b) Hold workshops and public hearings on development petitions presented to the
board.
(c) council.
Review all requests for zoning changes prior to review of said changes by the city
(d) Review and make recommendations to the city council on requests for annexation
of lands into the city, together with requested land use and zoning of the annexed lands.
(e) Act as the land development regulation commission to develop and recommend
land development regulations which implement the adopted comprehensive plan and to
review land development regulations, or amendments thereto, for consistency with the
adopted plan and report to the city council regarding its findings.
(f) comprehensive plan and future land use map revisions.
Act as the local planning agency to develop and recommend to the city council
2
Date Prepared: March 11, 2005
Ordinance 6, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(9) Hear and decide appeals from and review any order, requirement, decision, or
determination made by the administrative officials charged with the administration or
enforcement of the city’s land development regulations.
(h) Hear and decide on all variance requests in accordance with Section 78-53 of the
city’s land development regulations.
(i) The board shall have no authority to authorize the use of any parcel of property or
structure in a manner not permitted by the zoning classification of the district in which
the property or structure is located.
0) Further appeals. An appeal may be made to the circuit court from any final
decision of the planning, zoning, and appeals board, provided the appeal shall be filed
within 30 days from the date of the decision.
SECTION 3. Section 78-24, Land Development Regulations, entitled
“Development review committee” is amended to read:
Sec. 78-24. Development review committee.
(a) Establishment. For the purpose of reviewinq, approving. or denying minor
conditional use applications, T the development review committee consists of
representatives of the city engineer, c#+a#wx;’, , growth management
director, police chief, fire chief, public works director, and the building official, For maior
conditional uses, the development review committee shall also include other city staffi
or public service representatives appointed by the city manager. The growth
management director or designee shall serve as chair of the committee. The committee
shall have the following jurisdiction:
(1) Review development order applications submitted pursuant to this chapter
ensure that development order approvals are consistent with the requirements of the
city’s comprehensive plan and codes. All development review committee meetinqs
shall be conducted as public meetinqs;
(2) @j Provide specific comments regarding consistency of development order
applications with the requirements of the city’s comprehensive plan and codes; and
13) @j Provide specific recommendations if an application is not consistent with
applicable requirements7; and
(4) Approve applications for minor conditional uses as identified in Section 78-1 59,
Table 21.
3
Date Prepared: March 11, 2005
Ordinance 6,2005
Rezoning, Planned Development Area
Maior Conditional Use
Minor Conditional Use
Variance ...
Note:
brevity.
Remaining rows of table have been omitted for
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33 34
35
36
37
38
C J A 0
C J A 0
C - 0
C D - 0
SECTION 4. Section 78-43, Land Development Regulations, entitled “Review
of applications for development order approval” is amended to read:
(Note: “. . , ” Indicates unchanged language omitted for brevity,)
Sec. 78-43. Review of applications for development order approval.
(a) Compliance. Applications for development order approval shall be reviewed as
indicated in Table 1 and shall comply with all requirements of this chapter. ...
(2) Public hearings and workshops. All applications for development orders to
consider rezonings, maior conditional uses, development order amendments, and land
development regulations text amendments shall be subject to an advertised public
hearing by the planning, zoning, and appeals board and the city council. Prior to
scheduling a public hearing, the growth management department staff may schedule
one or more workshops to review the application with the planning, zoning, and appeals
board -. ...
(b) Planning, zoning, and appeals board workshops and public hearings.
(1) Workshops. The planning, zoning, and appeals board may consider the comments
and recommendations from the development review committee and growth
management department staff at one or more workshop meetings.
Table 1 : Development Order Review
Notes:
A=Advisory Review DRC=Development Review Committee
Blank=Not Applicable DO=Development Order
PZAB = Planning, Zoning, and Appeals Board
C=Completeness Review J =Technical Review
CC=City Council
D=Discretionary per Growth Management Director
0 =Decision Making Authority
I Staff I DRC IfZABI CC I Development Order Application -
4
1
2
3
4
5
6 7
8
9
10
11
~
Date Prepared: March 1 1, 2005
Ordinance 6, 2005
Table 2: Development Review Schedule
5
~~
12
13
14
15
16
17
18
19
20
~
Notes:
Meeting
PZAB Public
Hearing
Council Public
Meeting
First Reading
Council 44b&&e@
Council Second
Reading
PZAB=Planning, Zoning, and Appeals Board
Blank=Not Applicable MIN=Minimum
D=Subject to Discretion of Growth Mgmt. Director
DO=Development Order Var=Variance
DRC=Development Review Committee
J=Appl ica bl e
“Working Days are Monday through Friday (excluding city holidays)
MAX=Maximum
Misc. Rev=Miscellaneous Review
J J
J J
w 4 4
Min 10 J J
Maior
Acffon
Pre-app J J
Submit Application J J
Sufficiency Review Max 7 J J
Staff Decision Max 14
DRC Review Min 14 J J
DRC Approval/ No J J
Certification specific
limit
PZAB Workshop J 4
J
J
-
(Note: ‘I. . . ” Indicates unchanged language omitted for brevity.) ...
(3) Public hearing. pt#c: cc ’ ’ , tThe
growth management department staff shall schedule a public hearing or public meeting
to consider the application. Public notice shall be provided as required in section 78-54. ...
Date Prepared: March 11, 2005
Ordinance 6, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(e) City council consideration.
(1) Workshop meeting or first reading. After receipt of a recommendation from the
planning, zoning, and appeals board, the city council shall schedule first reading. At
such meeting, the city council shall consider the comments and recommendations from
the planning, zoning, and appeals board, the growth management department staff, and
the development review committee+W, as applicable. An application for development
approval may be considered at one or more workshop meetings or regular meetings. ...
li) Withdrawal of development order application. A development order application
shall be declared withdrawn in the event the applicant has not responded within 30 davs
to a request from the growth management director or desiqnee, the planning. zoningL
and appeals board, or the city council for additional information, plans, or other
materials. The qrowth manaqement director may grant one additional 30-dav period in
which the applicant shall respond to the request for additional information or materials,
but the applicant must request the extension prior to the expiration of the first 30-day
period.
SECTION 5. Section 78-46, Land Development Regulations, entitled
“Application procedures” is amended to read:
Sec. 7846. Application procedures.
(a) Single Application. All properties within a single application must be contiguous or
be the subject of separate application and filing fees.
(b) Applications. All applications for development order approval shall be submitted to
the growth management department. All applications shall be filed on forms provided
for that purpose by the growth management department. All applications shall be
accompanied by such supporting documentation as required by these land development
regulations or by the growth management department.
(c) Completeness Review. Within seven working days, excluding holidays, after
receipt of an application, the growth management department shall determine that the
application is complete or incomplete.
.. (1) Complete application. Thz 58 :- w. A complete application includes the following:
a. All information required to accompany the application;
b. All information required is complete, prepared in accordance with professionally
acceptable standards, and is consistent with the development order application;
c. All fees required by the city; and
6
Date Prepared: March 11, 2005
Ordinance 6, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
d. The required number of copies.
The growth management director shall notify an applicant in writing if the
application is determined to be complete.
(2) Incomplete application. If the Tbe application is not complete, ad itshall not be
subject to further review? until all identified deficiencies have been remedied. The
applicant shall be notified in writing that the application is incomplete, and the specific
deficiencies that have been identified. Within 30 days of the date of the notification, the
applicant shall submit all information necessary to remedy the deficiencies. The director
may waive the 30 day requirement if reasonable progress is being made to remedy the
application. An application shall not be subject to further review until all deficiencies are
remedied. Failure of an applicant to respond within the 30 days to a notice of deficiency
shall void the application.
(d) Development Review Committee. The development review committee (DRC) shall
review all applications as provided herein.
(1) DRC review. The qrowth manaqement department shall foward the completed
application to the members of the DRC, who shall : review the
application and shall submit their comments and recommendations to the qrowth
manaqement department director not less than 14 workina days following receipt of the
complete application. Incomplete submittals bv applicants, review of environmental
factors, lack of or incomplete responses to requests for additional information,
complexity of the application, or need for additional information may delay DRC review
and comments. In reviewing the application, the members of the DRC shall consider
the following criteria:
a. Conformity of the proposed development with the comprehensive plan, this
chapter, and other applicable ordinances of the city;
b. Characteristics of the site and surrounding area, including important natural and
manmade features, the size and accessibility of the site, and surrounding land
uses;
c. Natural and environmental resources present on the site;
d. The nature of the proposed development, including land use types and
densities;
e. Compatibility with adjacent land uses;
f. Conformity with traffic performance standards;
g. Impact on public safety services;
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: March 11, 2005
Ordinance 6, 2005
h. Impact on public schools, unless otherwise addressed as a requirement of the
city's concurrency management system; and
i. Other applicable factors and criteria prescribed by the city.
(3.2) Request for additional information. When an application has been considered by
the DRC, additional information regarding the application may be requested.
a. The requested information shall be submitted by 12:OO noon at least seven
working days, excluding holidays, prior to the next scheduled DRC or planning,
and zoning, mwnkskt and appeals board meeting, as applicable.
b. When the additional information requires the review of the city engineer, the
information shall be submitted by 12:OO noon at least 15 working days,
excluding holidays, prior to the next scheduled DRC or planning, ad zoning,
wtnmksk and appeals board meeting, as applicable.
(43) DRC certification and approval. Certification of an application by the development
review committee is contingent upon such factors as a complete application,
compliance with all comprehensive plan and land development regulation requirements,
receipt of all requested additional information, and satisfaction of all comments.
Certification of an application by the development review committee is mandatory prior
to any further processing of a development order application. After an application for a
maior conditional use is certified by the development review committee, the application
shall be scheduled for a public hearinq before the planning, zoning, and appeals board.
14) In the review of minor conditional use applications, the development review
committee shall approve, with or without conditions, or deny the application. Followinq
a decision by the development review committee, the qrowth management director shall
issue a written order consistent with the decision of the DRC. ...
(The remainder of Section 78-46 is omiffed for brevity.)
8
Date Prepared: March 11, 2005
Ordinance 6, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
SECTION 6. Section 78-52, Land Development Regulations, entitled
“Conditional uses” is amended to read:
Sec. 78-52. Conditional uses.
(a) Categories of conditional use review. The following categories of conditional use
review are established:
[I) Maior conditional uses: and
/2) Minor conditional uses.
/b) Major conditional uses. Development order applications for maior conditional uses
shall be reviewed bv staff and the development review committee. Followinq a public
hearinq. the planninq, zoninq, and appeals board shall make a recommendation of
approval, approval with conditions, or denial to the citv council. The citv council shall
hold a public hearinq prior to approving, approving with conditions, or denvinq the maior
conditional use.
(I) Reconsideration. Anv maior conditional use which has been denied bv the city
council shall not be eliqible for reconsideration for 6 months from the date the
application was denied, unless there has been material chanqe to the application as
determined bv the growth manaqement director.
(c) Minor conditional uses. Development orders for minor conditional uses shall be
reviewed bv staff and the development review committee. The development review
committee shall approve, with or without conditions, or deny the application. Following
a decision bv the development review committee, the growth management director shall
issue a written order consistent with the decision of the development review committee.
(1) Public notice.
a. The applicant shall obtain from the Palm Beach County property appraiser’s
office a certified property owners’ list of all property owners within 500 feet of
the site affected bv the minor conditional use. The applicant shall be
responsible for composinb and mailing or hand-deliverinq at least 15 days
before the scheduled development review committee meetinq the required
public notices to the propertv owners affected bv the minor conditional use.
The applicant shall submit an affidavit to the qrowth management department
director statinq such notices were sent to all propertv owners within the
desiqnated area.
b. The citv clerk shall post a notice in a public place at the citv hall complex at
least 15 davs before a scheduled development review committee Wing the
date and time of the meeting and the items to be considered.
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
‘Date Prepared: March 1 1, 2005
Ordinance 6, 2005
(2) Appeal Procedure. Appeals from a decision by the development review committee
shall be made throuqh the qrowth manaqement department to the planning, zoning, and
appeals board within 30 calendar days of issuance of the written order. Appeals shall
be scheduled for the next available aqenda of the planning, zoninq, and appeals board
within 30 days from date of receipt of the appeal. Appeals from a final decision of the
board shall be made within 30 calendar days of such decision and shall be filed with the
Circuit Court of the Fifteenth Judicial Circuit.
/3) Reconsideration. Any minor conditional use which has been denied by the
development review committee shall not be eligible for reconsideration for 6 months
from the date the application was denied, unless there has been material change to the
application as determined by the growth manaqement director.
/d) (a) Criteria. In addition to the application requirements listed above, a
development order application for a minor or maior conditional use approval shall
demonstrate compliance with the criteria listed below. ...
/e) @) Enforcement.
conditional uses are subject to the enforcement procedures listed below.
In addition to the provisions of chapter 2 of the city code,
(1) Revocation. The city council shall have the power to revoke maior conditional
uses for noncompliance with conditions of development approval. The qrowth
manaqement director shall have the power to revoke minor conditional uses for
noncompliance with conditions of approval.
(2) Removal.
a. Maior conditional uses. The city council shall have the right to compel removal
of offending structures or uses that are accessory to or part of the maior
conditional use at the cost of the violator and may record a lien against the
property to recover its costs.
b. Minor conditional uses. The growth manaqement director shall have the riqht
to compel removal of offending structures or uses that are accessory to or part
of the minor conditional use at the cost of the violator and may record a lien
aqainst the property to recover its costs.
(3) Inspections. The growth management department shall review and inspect
conditional uses to ensure compliance with conditions of approval. /%4tm+&
10
Date Prepared: March 1 1, 2005
Ordinance 6, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
a. All minor conditional uses which fail to complv with any or all conditions of
approval shall be reported to the growth management director. The report shall
specifv the manner in which the landowner is not complvinq with one or more
conditions of approval. The qrowth management director may:
1. Request timely compliance with the conditions of approval;
2. Direct initiation of code enforcement proceedings pursuant to article VI1 of
this chapter; or
3. Initiate the leqal action and procedures necessarv to revoke the minor
conditional use.
- b. All maior conditional uses which fail l%ilu+e to comply with any or all conditions
of approval shall be reported in writing to the city council. The report shall
specify the manner in which the landowner is not complying with one or more
conditions of approval. The city council, upon receipt of the written report, may:
1. a. Request timely compliance with the conditions of approval;
2. & Direct initiation of code enforcement proceedings pursuant
VII; or
to article
3. 6. Initiate procedures to revoke the maior conditional use. If the city
council initiates procedures to revoke the maior conditional use, a hearing
on the report shall be scheduled within a reasonable time, and notice of
the time and place of the hearing shall be furnished to the landowner. If
the city council finds that the facts alleged in the report are true, and that
the landowner has not taken the steps necessary to fully comply with the
conditions between the date of the report and the date of the hearing, the
city council may authorize the city manager to revoke the maior
conditional use. The city council also may authorize the city manager and
take the necessary legal action to terminate the maior conditional use and
all uses authorized by that approval.
[f) Prior conditional uses. Anv land use which was legallv established prior to (date of
adoption of this ordinance), and thereafter is classified bv this chapter as a maior or
minor conditional use, will be considered a leqal nonconforminq use.
/I ) Amendments to prior conditional uses. Conditional use amendment applications
shall be reviewed in the same manner as required bv this section and as determined by
the maior or minor conditional use cateqories identified in Section 78-159. Table 21,
Chart of Uses.
SECTION 7.
notice” is amended to read:
Section 78-54, Land Development Regulations, entitled “Public
11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Date Prepared: March 11,2005
Ordinance 6, 2005
Sec. 78-54. Public notice.
(a) Public notice. Public notice, including mail notice, posting of property, and
newspaper advertising, shall be provided as required below and as indicated in Table 4.
In the event of a conflict between the table and the text, the requirements of the text
shall prevail.
Table 4: Required Public Notice for Public Hearings
Planning, Zoning, and Appeals Board/L PA
and Development Review Committee Cay Council
News- News-
Action Mail (1) paper (1) Post (1) Mail (1) Paper (I) Post (1) ...
(The preceding rows of Table 4 have been omitted for brevity.)
Maior 1 70 Days I 70 Days I 75 Days I 70Days I 70Days
Conditional
Use I51
Minor 75 davs
Conditional
Use
__ 15 Davs (5) -_ __
*** (The remaining rows of Table 4 have been omitted for brevity.)***
70 Days
__
Notes:
(1) Number of calendar days prior to date of public hearing.
(2) Second public hearing held at least ten days after first public hearing.
(3) The first public hearing must be held on a weekday, and both public hearings must be held
(4) Public hearings must be held on a weekday.
(5) Public notice for development review committee meetincls require Dostina at the citv hall
after 500 p.m. unless otherwise determined by the city council.
complex onlv.
SECTION 8. Section 78-56, Land Development Regulations, is created to read:
Sec. 78-56. Appeals and reconsideration.
(a) Appeals. Appeals from a final decision of the planning, zoning, and appeals board
or the city council shall be made within thirty calendar days of such decision, and shall
be filed with the Circuit Court of the Fifteenth Judicial Circuit.
(b) Reconsideration.
(1) Rezoning. Any parcel, or substantially the same parcel, which is the subject of a
rezoning which has been denied by the city council shall not be eligible for
reconsideration again by the planning, zoning, and appeals board or the city council for
a rezoning to the same classification for one year from the date such application was
denied by the city council, unless there has been material change to the application as
determined by the growth management director.
12
Date Prepared: March 11, 2005
Ordinance 6, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(2) Other development orders. Any parcel, or substantially the same parcel, subject of
an application for development order approval, including any form of conditional use,
major or minor site plan review, or development order amendment, which has been
denied by the development review committee, the city council, or the planning, zoning,
and appeals board, shall not be eligible for reconsideration by that body for six months
from the date the application was denied, unless there has been material change to the
application as determined by the growth management director.
SECTION 9. Section 78-1 59, Land Development Regulations, entitled
“Permitted uses, conditional, and prohibited uses” is amended to read:
Sec. 78-159. Permitted uses, minor and maior conditional uses, and prohibited
uses.
(a) Permitted, minor conditional, maior conditional, and prohibited uses. Permitted
uses, minor conditional, maior conditional uses, and prohibited uses are established in
Table 21. The use of all new or existing buildings, structures, and properties shall
conform with the requirements of Table 21. Additional standards applicable to certain
uses are indicated in this table. For the purposes of this article, uses shall be defined as
indicated below.
(b) Permitted uses. Any use allowed as a matter of right in a zoning district, subject to
review by city staff and compliance with all requirements contained in this chapter.
(c) Conditional uses.
(1) Major conditional use. Any use that may be allowed, subject to review and
consideration by the planning, zoning, and appeals board and city council as provided in
this chapter.
/2) Minor conditional use. Anv use that mav be allowed, subiect to review and
consideration bv the development review committee as provided in this chapter.
(d) Prohibited uses. Any use not listed as a permitted use, minor conditional use, or
maior conditional use in Table 21 , or not recognized as a similar use, is a prohibited use
and shall not be established.
(e) PGA Boulevard overlay corridor. Permitted and prohibited uses within the PGA
overlay corridor are established in division 2 of article V, and shall pre-empt any
permitted or conditional uses allowed herein.
13
Date Prepared: March 11, 2005
Ordinance 6, 2005
RE RR10 RR20 RLl RL2 RL3 RM RH RMH PO CN CGI CG2 CR MI M1A M2 PBI CONS PDA
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Note
(f) Similar uses. A use not listed in Table 21 , but possessing similar characteristics,
including, but not limited to size, intensity, density, operating hours, demands for public
facilities such as water and sewer, traffic impacts, manufacturing and business
practices, may be established upon approval by the growth management director. Such
uses shall be subject to all requirements of the uses to which they are similar. Appeals
of such determinations shall be made to the planning, zoning, and appeals board. The
growth management director shall notify the city manager, in writing, of
all decisions regarding similar uses.
(9) Variances. A variance from the additional standards applicable to certain uses
established herein shall not be granted by the development review committee or the
planning, zoning, and appeals board.
(h) Waiver. A waiver from the additional standards applicable to certain uses
established herein may be granted by the city council as part of approval of a planned
unit development or planned community district, subject to the requirements of section
78-1 58. ...
Table 21 : Permitted, Conditional, and Prohibited Use Chart
Notes:
P = Permitted Use
Blank = Prohibited
PUDs and PCDs = Permitted Uses by Development Order Approved by City Council
C = Minor Conditional Use C*= Maior Conditional Use
Dwelling, Single
Family
Dwelling, Mobile
Home
Dwelling,
Multifamily
Dwelling, Two-
Family
Home
Occupation
HoteVMotel,
Boarding, or
Rooming House
Mobile Home
Park
Residence Hall or
Dorrnitoly
Community
Residential
Home, Type 1(6
or less residents)
Date Prepared: March 11,2005
Ordinance 6, 2005
PP
P
P
P
CATEGORYMSE
Community
Residential
Home, Type II (7-
Assisted Living
Facility (1 or
more residents)
RETAIL 8 COMME
RE RRlO RR20 RL1 RL2 RL3 RM
P
- c'
ClAL
Adult
Entertainment
Electronics Store
Auto Repair,
General
Automobile
Dealership
Auto Rental,
Auto Service
Station and Minor
Repairs
Auto Tire Sales
and Installation
Barbermeauty
Supplies and
Equipment Sales
Bicvde Sales and
Detailing
Accessory Store
Convenience
Store w/Gas
Convenience
Store wlo Gas
Department Store
Discount
Department Store
Drugstore or
Pharmacy,
RH RMH PO CN CG1 CG2 CR
--
I
- C
- c'
- c'
'P
- P
'P
JP
- C
pP
P
- C
P
P
- CP
- Mi MiA M2 z t
P81 CONS PDA Note
15
Date Prepared: March 11, 2005
Ordinance 6, 2005
- MI A RL1 I RE I RRIO I RE0 >R M1
P
P
i
Pharmacy,
Limited
and Sales
Vegetable market
Shop
GmcervStore. I I <. Retail
Hardware, Paint, I I
Glass, Wallpaper
andFloor 1 1
wering Store I
and Craff Shop
Jewelry Store,
including Repair
of Jewelry and
Clocks
Landscape,
Nursery, and
Garden Supplies
Lawn Mower
Sales and Repair
Lumber Yard and
Building Materials
Machinery, Tools,
and Consbudion
Equipment Sales
and Service
Nightclub, Bar, or
Lounge
Pel Grooming
- P
Pottery Shop
16
Date Prepared: March 11, 2005
Ordinance 6, 2005
17
Date Prepared: March 11,2005
Ordinance 6. 2005
RL2
PP
RL3 - RMH P81 CONS
CATEGORYNSE
Data Processin0
Service
Day Care, Child
and Adult
Day Care, Family
Dry Cleaning
Electronic Repair I Emergency
Health Care
Express or Parcel
Delivery Office
Express or Parcel
Delivery
Distribution
Center
Extermination
seNice
Funeral Home
Health, Physical
Fitness, Weight
Reduction, and
Spa
Housekeeping
and Janitorial
services
Laboratory,
General
P Laboratory,
Dental or Medical
Laundry, Self
Service
Laundry and dry-
deaning Pickup
Station
Laundry, Linen
Supply and
Cleaning Service
Locksmith
Machine Shop
-I- -
Mail and Packing
Store, Private
Marina,
Commercial
Marina, Private
Mooring or Dock
Massage
Therapist
18
Date Prepared: March 11,2005
Ordinance 6, 2005
CATEGORYNSE
Motion Picture
Studio
Nursing Home or
Convalescent
Facilib
Painting and
Decorating
Contractor
Penonal
Picture Framing
Photo Studio and
Processing
Print Shop
Self Service
Storage
Shoe Repair
Studio,
Instructional
Studio.
Pkieiiional
Tailor Shop
Travel Agency
Vie0 Game and
Amusement
Parlor
Vie0 Rental and
Business
including Sales
ORce. Medical or
Professional and
Business
optical. Optician I I
or Optomittist
and Clinic
I I I
PUBLIC AND INSTITUTIONAL
Churches and
Places of
Univ&ily, Public
or Private
PPPP - ccc
46
47
- 4a
19
Date Prepared: March 11, 2005
Ordinance 6, 2005
CATEGORYNSE
Governmental
Uses
Hospital, Public
or Pmate
Post Office
Post Office,
Accessory
Schools, Public
and Pmate
Satellite College
or University
RE RR10 RR20 RL1 RL2 RL3 RM RH RMH PO CN CG1 CG2 CR M1 MIA M2 Pi31 CONS PDA Note
- c* - c' 50
- c' - c'c P 51
- c*cc Pc^ - c' 52
P PP P PPP 53
C gcccc - c' 54
- C cc - cc - C
Art Gallery and
Museum, Public
or Private
Auditorium,
Public or Private
Club or Lodge,
Private
Goif course, - c'g
Public or Private
Park, Public PP
Beverage
Production
Boat Building
Center, Public
P
- C'
Recreation,
Commercial -
Indoor
Recreation,
Commercial -
Outdoor
Stadium or
Arena, Public or
Private
Theater, Indoor
Zoo, Public or
Private
WHOLESALE
Building Supply,
Wholesale
Florist
Food Products,
Wholesale
Storage and
Sales
Wesale and
Warehousing,
General
INDUSTRIAL AND 4NUFACTURING f
20
Date Prepared: March 11,2005
Ordinance 6, 2005
Agriculture
Fill, and Borrow
Pd Operations
Excavation and - C'
CG2 CR 7
- C' 6!
C' 61 -
Aviation
AccessolyUses P P P P P P P P P P P P P P
and Boat
Storage,
Commercial
PPPP P
Station
Broadcast Studio
Major
WirelessTele I I
- P
- P
P -
- P
- P
CONS - PDA
21
Date Prepared: March 11,2005
Ordinance 6, 2005
RE RRlO RW0 RL1 RL2 RL3 RM RH RMH PO CN CG1 CG2 CR M1 M1A M2
CATEGORYNSE
Mobile Home, - cccc - ccccc
Temporary
C Recreabon, cc c cccc -
Accessory
SatelliteDishes, P P P P P P P P P P p p p P PPP
Accessory
Trailers, PP P PPPPPPPPPPPPPPPP
Constructton
Trailers,Sales P P P P P P P p P P p p p P P P p
P81 CONS PDA Note
- C 67
68
P 69
70
p 70
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
(j) Additional standards. The following standards apply to specific uses as indicated
in the "Note" column of Table 21.
(Note: ". . . " indicates unchanged language omitted for brevity.) ...
(IO) Auto rental, accessory. Accessory auto rental shall be permitted in conjunction
with an approved hotel or motel use, and shall comply with the standards provided
below.
a. The storage of automobile rentals and storage of inventory may be permitted as
a minor conditional use in conjunction with an approved hotel use of not less
than 100 hotel rooms. ...
(1 1) Auto service station. Auto service station shall include sale of gasoline and diesel
products, auto parts and accessories, and repair of vehicles. May include auto repair,
subject to the restrictions contained within this section for such use. Auto repair
facilities shall comply with the standards listed below. ...
d. Sale of convenience items, including food, beverages, tobacco products, etc.,
in an existing, new, or converted auto service station requires maior conditional
use approval. ...
22
Date Prepared: March 11,2005
Ordinance 6, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(12) Auto tire sales and installation. Auto tire sales and installation shall be allowed as
a maior conditional use in CGI zoning districts and a permitted use in CG2 zoninq
districts. Auto tire sales and installation include sales, installation, repair and
maintenance of tires and accessories, and front end alignment, wheel balancing, and
similar tasks. The use may include sale and installation of batteries, shock absorbers
and struts, oil and fluid changes, brake repair and replacement, and installation of
mufflers and tail pipes. Bay doors shall not be oriented toward public rights-of-way or
residential zoning districts. However, bay doors may be so oriented if visibility from a
public right-of-way is completely and permanently screened by a building, opaque
masonry wall, or a similar fixed structure.
(13) Convenience stores with gas sales. Convenience stores with gas sales are
stores which sell convenience food items, including food, alcoholic and non-alcoholic
beverages, snacks, tobacco products, ice, and frequently-needed household items.
Convenience stores with gas sales shall comply with the standards listed below. ...
e. Co-location of fast food restaurants with convenience stores may be permitted
as a minor conditional use subject to the following: ...
(25) Showroom, general. General showroom is an establishment where merchandise
or services are displayed for advertising or sale purposes. Showrooms shall comply with
the standards listed below. ...
b. The merchandise or services displayed, advertised, or sold shall be consistent
with the manner in which uses are established in these land development
regulations as permitted uses, minor conditional uses, or prohibited uses. ...
(29) Bank or financial institution. Bank or financial institution with more than four drive:
through windows shall be a maior conditional use. ...
.. .. /32) Reserved.
...
(40) Marina, commercial and residential docks.
a. Marinas are permitted as a-maior conditional uses in certain residential and
nonresidential districts, and may be approved as an element of a planned
development. Any uses associated with marinas, such as fueling, repairs and
maintenance, retail sales, hauling and storing, and yacht club facilities may be
permitted within certain districts, as provided below.
23
Date Prepared: March 11, 2005
Ordinance 6, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
1. In residential districts, fueling may be allowed as an ancillary use if
approved as a maior conditional use. ...
3. In CG-1, CG-2, PUD, and PCD zoning districts, accessory uses may
include marinas offering permanent, seasonal, or transient live aboard
accommodations. Marinas off e ri ng such accommodations s ha1 I provide
hookup service to approved onshore potable water sources and
wastewater treatment systems, if approved as part of a major conditional
use. ...
(48) Veterinary office and clinic. Veterinary offices and clinics exdudes &kes with
kennels and/or overnight boarding facilities shall not be allowed unless soundproofed
and approved as a minor conditional use.
(49) Churches and places of worship shall comply with the standards provided below.
a. Less than 1,000 permanent seats or approved capacity may be located as a
maior conditional use in any residential zoning district, and in CG-1, CG-2, and
P&l zoning districts.
b. More than 1,000 permanent seats or approved capacity may be located as a
maior conditional use in the following districts: CG-1, CG-2, PI, M-I , M-IA, and
M-2. ...
d. The following uses may be included within any maior conditional use approval
granted by the city council to establish a church or place of worship, or as an
additional maior conditional use operating as part of the facility:
1. School, elementary or secondary;
2. Day care, child;
3. Day care, adult;
4. Assisted living facility; and
5. Monastery or convent. ...
(54) Schools, public or private. Public or private schools are public or private
elementary or secondary schools conducting regular classes with a course of study
approved by the Florida Department of Education. All schools shall comply with the
standards listed below.
24
Date Prepared: March 11,2005
Ordinance 6, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
a. Shall conform to all city concurrency requirements.
b. Shall connect to public water and sewer treatment systems, or other
systems approved by the city and the county health department.
c. Shall be approved as a maior conditional use. ...
(62) Utility plant and major substation. Water treatment, sewer treatment, electric, gas,
or other utility plants and major substations are permitted as a maior conditional use in
the following zoning districts: PII, PDA, CONS, MI, MIA, and M2. Utility plants and
major substations shall comply with the standards listed below. ...
(65) Agriculture. Agriculture does not include the following: commercial feed lots,
raising or sale of fur-bearing animals, riding academies, livery or boarding stables, or
dog kennels. All agricultural uses existing as of (the date of ordinance approval) are
permitted to continue. Any proposed expansion of existinq agricultural uses or
proposed chanqe that increases the impacts of the existing agricultural uses, including&
but not limited to, those which require removal of anv environmentallv siqnificant lands
(upland and wetland), requires a maior conditional use approval.
(66) Excavation and fill, and borrow pit operations. Excavation and fill, and borrow pit
operations shall comply with the standards provided below. ...
b. Operations allowed. Excavation and fill operations and borrow pit operations
may be allowed as provided below. ...
2. Borrow pit operations may be allowed upon application to the city and
approval by the city council as a maior conditional use, in accordance with
the provisions of division 1 of article Ill of this chapter. ...
d. Permits, plans and specifications, surety, and permit fees for borrow pit
operations. Borrow pit operations may be allowed, subject to the requirements
listed below.
1. Before borrow pit operations begin, the owner, the lessee, or an
authorized agent of the owner or lessee of the affected property shall
obtain approval and a permit for a maior conditional use, as well as all
applicable counties, water management districts, state, or federal permits. ...
25
Date Prepared: March 11, 2005
Ordinance 6, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(67) Mobile home, temporary. The temporary minor conditional use of a mobile home
may be authorized by the 6t+wtmA ' development review committee when such use is
necessary and incidental for maintaining security in remote or isolated areas of the city
or areas reasonably inaccessible to regular police patrol or where reasonable regular
police patrol cannot be maintained due to the vastness of an area. ...
(68) Recreational uses, accessory. Any parks, playgrounds and play fields, or
recreational or community structures maintained by any property owners' association
are permissible maior conditional uses in any zoning district. ...
SECTION IO. Codification of this Ordinance is hereby authorized and directed.
SECTION 11. This Ordinance shall become effective immediately upon
adoption.
(The remainder of this page left intentionally blank)
26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
Date Prepared: March 11, 2005
Ordinance 6, 2005
PASSED this day of , 2005, upon first reading.
PASSED AND ADOPTED this day of ,2005, upon second
and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Mayor Joseph R. Russo
Vice Mayor Eric Jablin
Councilmember David Levy
Councilmember Hal R. Valeche
Councilmember Jody Barnett
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
AGAINST ABSENT
\\Pbgsfile\Attorney\attorney-share\ORDlNANCES\conditional uses - ord 6 2005-jackie final.doc
27
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 4,2005
Meeting Date: April 7,2005
Ordinance : IO, 2005
SubjectlAgenda Item: Ordinance 10, 2005, amending the Fiscal Year 2003/2004
Budget
[ X ] Recommendation to APPROVE I1 Recommendation to DENY
Reviewed by:
City Attorney
Department Director
City’ Manader
Originatingmt.:
Fina &
Advertised:
Date:
t
[ ] Not Required
-
Affected parties
[ ] Notified
[ ] Not required
costs: $ 0
(Total)
-
$0 Current FY
Funding Source:
[ ]Operating
[ ]Other
Budg t Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Ordnance IO, 2005
Exhibit “1”
[ ]None
Date Prepared: March 4, 2005
Meeting Date: April 7,2005
Ordinance IO, 2005
BACKGROUND:
As an integral part of the annual close-out process it is customary to prepare year-end
budget amendments to ensure compliance with legal levels of control, and to help explain
additions or deletions to fund balance. We are pleased to inform Council that our
preliminary unaudited financial statements indicate an increase to budgeted General Fund
reserves of approximately $8.1 million. The increaseddecreases to revenues/expenditures
contained in Exhibit “1 ” detail some of the major variances that comprise this total increase.
STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance IO,
2005 for first reading.
Date Prepared: March 3,2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
ORDINANCE IO, 2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM
BEACH GARDENS, BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1 , 2003, AND ENDING SEPTEMBER 30,2004, INCLUSIVE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, adopted a
Budget for the 200312004 Fiscal Year; and
WHEREAS, the City Council has determined that an amendment needs to be made
to the previously adopted Fiscal Year 2003/2004 Budget; and
WHEREAS, the City Council has determined that the 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 I. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby amends the revenues and expenditures listed
in the attached Exhibit “I” and adopts such amendments as to the Budget of the City of
Palm Beach Gardens for the Fiscal Year October 1 , 2003, through September 30,2004,
inclusive.
SECTION 3. This Ordinance shall become effective upon the day of adoption.
(The remainder of this page left intentionally blank)
Date Prepared: March 3,2005
Ordinance 10,2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45 46
PASSED this day of , 2005, upon first reading.
PASSED AND ADOPTED this day of ,2005, upon second
and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
AGAINST ABSENT
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl ClE NCY
BY:
Christine P. Tatum, City Attorney
\\pbgsfile\Attorneybttorney-share\ORDINANCES\budget amendment 2003-04 - Ord 10 2005.doc
2
City of Palm Beach Gardens
Budget Amendment
ME 09/30/04
Exhibit "1"
General Fund
Increase (Decrease)
In Expenditures
Expenditures
001-0100-511.5910 (24.000.00) Contingency
Total Decrease
In Council (24,000.00)
Salaries
Salaries
Retirement Contributions
Health and Life Insurance
Printing and Binding
001-0200-512.1210
001-0210-552.1210
001-0210-552.221 0
001-0210-552.2310
001-0210-552.4710
(48,000.00)
(19,000.00)
(3,500.00)
(7,700.00)
(17,000.00)
Total Decrease
In Administration (95,200.00)
(8,000.00)
(36,000.00)
(434,000.00)
001-0220-512.4420
001-0220-512.6400
001-0220-512.6450
Equipment Rental
Equipment
Capital Equipment Software
Total Decrease
In Information Tech (478,000.00)
(90,000.00)
(90,000.00)
(40,000.00)
(1 9,000.00)
Professional Services 001-0240-514.3160
Total Decrease
In Legal
Salaries
Training and Education
001 -0300-51 3.1 21 0
001-0300-513.3810
Total Decrease
In Human Resources (59,000.00)
4,900.00 001 -0600-51 3.31 50 Professional Services-Other
Total Increase
In Finance 4,900.00
001-0900-519.3440
001-0900-519.9100
3,010,324.00
230,847.00 Garbage Collection
Transfer Out
TotalIn ease Yage 1 of 7
Equipment
Communications Consortium
Salaries
Salaries
Professional Services-Other
Travel and Per Diem
Electricity
Capital Outlay
Salaries
Equipment
Professional Services
Salaries
Professional Services
Salaries
Overtime
Retirement Contributions
Health and Life Insurance
Professional Services
Salaries
Part-Time Salaries
Electricity
Uniforms and Leather Goods
Equipment
Part-Time Salaries
Part-Time Salaries
Health and Life Insurance
Printing and Binding
City of Palm Beach Gardens
Budget Amendment
FYE 09/30/04
Exhibit "1"
In General Services
001-1000-521.6400
001-1000-521.6937
001-1030-521.1 210
001-1040-521.1210
Total Decrease
In Police
001-1200-522.3150
001-1200-522.4010
001-1200-522.4320
001-1200-522.6210
001-1230-522.1210
001-1230-522.6400
Total Decrease
In Fire
001-1400-515.3150
001-1420-515.1210
001-1430-524.3150
001-1440-524.1210
001-1440-524.141 0
001-1440-524.2210
001-1440-524.2310
001-1440-524.3150
Total Increase in
Growth Management
001-2000-572.1210
001-2000-572.1310
001-2000-572.5200
001-2030-572.5294
001-2031.572.6400
001-2032-572.1310
001-2033-572.1310
001 -2040-572.231 0
001-2041-574.4710
Total Increase in
Recreation
Reserve 001 -2080-51 9.5900
2002-03 Westminister Park 001.2080.519.6901
2004-015 Military Trail Median Beau 001.2080.519.6935
3,241,171 .00
(49,000.00)
(250,000.00)
180.000.00\
(21 1,000.00)
(590,000.00)
(26,000.00)
(27,000.00)
(39,000.00)
(325,000.00)
(657,434.00)
(1 8,000.00)
(1,092,434.00)
(16,450.00)
(30,761.00)
1,000.00
25,000.00
11,000.00
1 I,000.00
12,000.00
7,000.00
19,789.00
18,000.00
30,000.00
16,000.00
1,750.00
1,200.00
15,000.00
(17,165.00)
(1 7,000.00)
2,200.00
49,985.00
(255,725.00)
21,643.00
(6.549.00)
Page 2 of 7
City of Palm Beach Gardens
Budget Amendment
FYE 09/30/04
Salaries
Retirement Contributions
Health and Life Insurance
Professional Services
Electricity
Part Time Salaries
2002-011 A/C System Modification
BRCRC Roof/Flooring
Salaries
PGA Flyover Paint
Stormwater Improvements
Interest-Debt
Salaries
Retirement Contributions
Health and Life Insurance
Contractual Services
PGA Flyover Paint
Exhibit "1"
Total Decrease
in Parks
001-3000-539.1210
001 -3000-539.221 0
001-3000-539.2310
001-3000-539.3150
001-3000-539.4320
001.3030.539.1310
001.3030.539.6904
001-3030-539.6928
001-3040-541.1 21 0
001-3040-541.6908
001-3040-541.6918
001-3040-541.7210
001-3050-541.1210
001-3050-541.2210
001 -3050-541.231 0
001-3050-541.3400
001.3050.541.6908
Total Decrease
in Public Works
Total Decrease in
Expenditures
Revenues/Sources
Ad Valorem
Electric Franchise Fee
Telecommunications Tax
Federal Grants
Building Permits
State Grants General Govt
State Grants Police
State Revenue Sharing
Sales Tax
Fire Inspection Fees
Interest Income
Contributions/ Donations-Fire Dept
Miscellaneous Revenue
Reimbursement of City Services
Reimbursement DRI
Insurance Proceeds
Loan Proceeds
001.311.2000
001.314.2000
001-313.1000
001-331 .lo00
001-322.0000
001.334.9000
001.334.9010
001 -335.1 200
001-335.1800
001-342.2100
001-361.0000
001.366.0000
001.369.0002
001.369.0010
001.369.1000
001.383.1000
001-369.0000
Total Increase In
Revenues/Sources
(240,63 1 .00)
78,000.00
13,000.00
27,000.00
79,000.00
8,000.00
(2,546.00)
2,546.00
(76,000.00)
(24,000.00)
(4,467,000.00)
(224,000.00)
(53,9 12.00)
(1 3,500.00)
(40,000.00)
(24,088.00)
(320,000.00)
(22,000.00)
(5,059,500.00)
(4,412,920.00)
Increase (Decrease)
In Revenues
162,000.00
50,000.00
(114,400.00)
1,585,908.00
865,000.00
(155,750.00)
(199,100.00)
136,000.00
44,000.00
173,000.00
156,000.00
(108,450.00)
185,000.00
27,000.00
455,000.00
364,000.00
147.000.00
3,772,208.00
8,185,128.00 Increase to Reserves
Page 3 of 7
City of Palm Beach Gardens
Budget Amendment
FYE 09/30/04
Exhibit "1"
Recreation Impact Fund
Increase (Decrease)
In Expenditures
Expenditures
Improvements Other Than Bldg 301.2000.572.6300
BRCRC Expansion 301.2000.572.6928
Pool Reconstruction 301.2000.572.6929
HWMS Field Lighting 301.2000.572.6930
Designated Reserve 301.2000.572.9921
Total Decrease
In Expenditures
Revenues/Sources
Total Increase In
Revenues/Sources
Increase to Reserves
700,000.00
(1,232,792.00)
(1,484,000.00)
(700,000.00)
(800,000.00)
(3,516,792.00)
Increase (Decrease)
In Revenues
3,516,792.00
Art Impact Fund
Increase (Decrease)
In Expenditures
Expenditures
2002-013.1 Outdoor Art Work 304.1400.515.6905
Total Increase
In Expenditures
Revenues/Sources
Ar t Impact Fees 304.363.2700
Total Decrease In
Revenues/Sources
Decrease to Reserves
Police Impact Fund
Page 4 of 7
43,051.00
43,051 .OO
Increase (Decrease)
In Revenues
(57,634.00)
(57,634.00)
(100,685.00)
City of Palm Beach Gardens
Budget Amendment
ME 09/30/04
Exhibit "1"
Equipment
Impact Fees
Equipment
Fire Impact Fees
Debt Proceeds
Expenditures
302-1000-521.6400
Total Decrease
In Expenditures
Revenues/Sources
302.363.2200
Total Increase In
Revenues/Sources
Increase to Reserves
Fire Impact Fund
Expenditures
303.1200.522.6400
Total Decrease
In Expenditures
Increase (Decrease)
In Expenditures
(322,774.00)
(322,774.00)
Increase (Decrease)
In Revenues
196,000.00
196,000.00
518,774.00
Increase (Decrease)
In Expenditures
(I20,000.00)
(1 20,000.00)
Increase (Decrease)
In Revenues
Revenues/Sources
303.363.2200
303.384.0000
(116,651 .OO)
364,000.00
Total Increase In
Revenues/Sources
Increase to Reserves
247,349.00
367,349.00
Recreation Special Revenue Fund
Increase (Decrease)
In Expenditures
Expenditures
Part-Time Salaries 104.2000.575.1310
Part-Time Salaries 104.2030.575.1310
Health and Life Insurance 104.2030.575.2310
Part-Time Salaries 104.2040.575.1310
Worker's Comp Insurance 104.2040.575.241 0
Materials and Supplies 104.2040.575.5200
Page 5 of 7
(40,000.00)
(10,000.00)
(48,000.00)
(Il5,000.00)
(27,300.00)
(28,000.00)
City of Palm Beach Gardens
Budget Amendment
FYE 09/30/04
Exhibit 'I 1
Total Decrease
In Expenditures
Revenues/Sources
Programs 104.347.2080
Athletics and Special Facilities 104.347.2090
Interfund Transfer 104.381 .OOOO
Total Decrease In
Revenues/Sources
Increase to Reserves
Local Option Gas Tax Fund
Expenditures
MacArthur Blvd. Beautification 103-3000-539.6910
Roadway Resurfacing 103-3000-539.691 2
Pavement Resurfacing 103-3000-539.6925
Swale Restoration 103-3000-539.6926
Total Decrease
In Expenditures
Revenues/Sources
Local Option Gas Tax 103.312.3000
Palm Beach County Grant 103.337.4000
PBC Reimbursement Bus Shelters 103.369.401 0
Total Decrease In
Revenues/Sources
Increase to Reserves
Road Impact Fund
Revenues/Sources
Impact Fees 305.363.2400
Total Increase In
Page 6 of 7
(268,300.00)
Increase (Decrease)
In Revenues
(335,890.00)
(96,850.00)
218,000.00
(214,740.00)
53,560.00
Increase (Decrease)
In Expenditures
(21 8,000.00)
(135,000.00)
(41 2,000.00)
(1 30.000.00)
(895,000.00)
Increase (Decrease)
In Revenues
(14,520.00)
(250,000.00)
(1 5,000.00)
(279,520.00)
615,480.00
Increase (Decrease)
In Revenues
800,000.00
City of Palm Beach Gardens
Budget Amendment
WE 09/30/04
Exhibit "1"
Revenues/Sources
Increase to Reserves
800,000.00
800,000.00
Burns Road Improvement Fund
Increase (Decrease)
In Expenditures
Expenditures
Professional Services-Engineering 309.0900.519.3170
Improvements Other Than Bldgs 309.0900.519.6300
Interest Expense 309.0900.51 9.721 0
Total Decrease
In Expenditures
Revenues/Sources
Interest Income 309.361.1001
Reimbursement-Seacoast 309.369.4010
Transfer In 309.381 .OOOO
Total Increase In
Revenues/Sources
Increase to Reserves
PGA Flyover Fund
Interest Expense
Expenditures
308.0900.519.7210
Total Decrease
In Expenditures
Revenues/Sources
Special Assessments 308.363.1 000
Total Increase In
Revenues/Sources
Increase to Reserves
13,000.00
(34,643.00)
(56.000.00)
(77,643 .00)
Increase (Decrease)
In Revenues
15,000.00
11 0,000.00
370,000.00
370.000.00
447.643.00
Increase (Decrease)
In Expenditures
(51,000.00)
(5l,000.00)
Increase (Decrease)
In Revenues
32,800.00
32,800.00
83,800.00
Page 7 of 7
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 4,2005
Meeting Date: April 7,2005
Ordinance :I 1,2005
SubjecUAgenda Item: Ordinance 11, 2005, amending the Fiscal Year 2004/2005
Budget
[XI Recommendation to APPROVE
1:l Recommendation to DENY
Reviewed by:
& Finan ir tor
Department Director
Originating Dept.:
Finance
Advertised:
Date:
Paper: Palm Beach
Post
[ ] Not Required
Affected parties
wified
[ ] Not required
costs: $ 0
(Total)
$0 Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Ordinance 1 1,2005
Exhibit I' 1 "
[ ]None
Date Prepared: March 4,2005
Meeting Date: April 7,2005
Ordinance 11,2005
BACKGROUND:
This ordinance amends the FY 2004/2005 budget for amounts reserved and designated
from FY 2003/2004 for outstanding purchase orders and commitments, as well as related
grantslother revenues, as detailed in the attached Exhibit “I”. Some of the more significant
items carried forward include:
1. Approximately $4.2 million remaining from the Series 2004 Public Improvement
2. The $808,000 donation from Downtown at the Gardens to be used for parks/cultural
3. $1.2 million for BRCRC improvements.
4. $1.4 million for BRCRC aquatic facility construction.
Bonds for storm water improvements.
enhancements.
In addition to the above items carried forward, certain current year transfers are being
made to reflect proper general ledger account classifications. These transfers are
housekeeping items with no financial impact.
Other items reflected in the attached Exhibit include mid-year adjustments in the areas of
Salaries and Professional Services, as well as a transfer from Police Impact Fund reserves
of $35,000 to be used as matching funds for the $145,000 grant we recentlywere awarded
for the acquisition of a Mobile Command Unit.
Lastly, staff has been reviewing the impact of last year’s hurricanes, and has been pro-
actively formulating a plan of action to better prepare the City and our employees in the
event of another hurricane this season. To that end, staff is requesting a current year
transfer from the Fleet Maintenance Fund reserves in the amount of $57,900 in order to
purchase additional above ground fuel storage tanks and a $25,000 allocation from
General Fund reserves in order to prepare emergency hurricane kits for each employee.
STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 11 , 2005
for first reading
Date Prepared: March 3,2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
ORDINANCE 11,2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM
BEACH GARDENS BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1 , 2004, AND ENDING SEPTEMBER 30,2005, INCLUSIVE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, adopted a
Budget for the 2004/2005 Fiscal Year; and
WHEREAS, the City Council has determined that an amendment needs to be made
to the previously adopted Fiscal Year 2004/2005 Budget; and
WHEREAS, the City Council has determined that the adoption of this Ordinance
is in the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFOREy 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 City Council hereby amends the revenues and expenditures listed
in the attached Exhibit “I” and adopts such amendments as to the Budget of the City of
Palm Beach Gardens for the Fiscal Year October 1,2004, through September 30,2005,
inclusive.
SECTION 3. This Ordinance shall become effective upon the day of adoption.
(The remainder of this page left intentionally blank)
~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45 46
Date Prepared: March 3,2005
Ordinance 11,2005
PASS E D t h is day of
PASSED AND ADOPTED this day of ,2005, upon second
, 2005, upon first reading.
and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
AGAINST ABSENT
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
\\pbgsfileWttorneybttorney_share\ORDINANCES\budget amendment 2004-05 - Ord 1 1 2005.doc
2
Expenditures
001.0100.51 1.5910
001.0200.512.3150
001.0200.512.3810
001.0210.552.3150
001.0210.552.4710
001.0220.512.6440
001.0220.512.6450
001.0300.5l3.52OO
001.0600.5 13.3 150
001.0100.511.1210
001.0900.519.3455
001.0900.519.9100
001.0900.519.9920
001.1000.52 I .41 10
001.1000.521.6400
001.1000.521.6400
001.l000.52 1.6937
001.1030.521.5294
001.1030.521.6400
001.1040.521.4710
001.1230.522.5294
001.1230.522.6410
001.1230.522.6900
001.1230.522.6921
001.1230.522.6950
001.1400.515.31 50
001.1400.515.3 151
001.1420.515.5200
001.1430.524.3150
001.1430.524.37 I0
001.1430.524.5294
001.I440.524.14 I0
001.2033.572.3400
001.2040.572.6900
001.2040.572.6928
001.2041.574.6951
001.2080.519.5200
001.2080.519.6901
001.2080.5 19.6922
001.2080.519.6935
001.3000.539.3 150
001.3000.539.5200
001.3000.539.6917
001.3030.539.6904
001.3030.539.6905
001.3030.539.6914
001.3030.539.6923
001.3030.539.6928
001.3040.541.3400
001.3040.541.4600
001.3040.541.6906
001.3040.54l.69l8
001.3050.541.3400
001.3050.541.5200
001.3050.541.6400
001.3050.541.6936
001.3050.541.6946
Total Increase
in Expenditures
Revenues
001.389.0000
001.3 8 I .0000
001.369.0000
001.334.2000
Total Increase In
Revenues/Sources
Reserved for
Purchase Orders
CITY OF PALM BEACH GARDENS
BUDGET AMENDMENT
FYE 09/30/05
EXHIBIT "1"
GENERAL FUND
Designated From Grant/
for Projects Other Revenues
1,400.00
13,000.00
10,000.00
5,300.00 ,
3,194.68
6,843.00
356,222.20
8,000.00
25,000.00
15,000.00
38,000.00
25.000.00
(124,980.00)
7,983.85
16,390.00
3,963.90
29,900.00
2 I 1,000.00
13,900.00
140.00
2,065.28
61 6,535.00
4.740.90
19.542.65
84,165.02
409.18 6,000.00
24,820.00
100.00
1,060.00
Current Year Total Increase (Decrease)
To Budget Transfers
1,400.00
13,000.00
10,000.00
5,300.00
3,194.68
14,843.00
356,222.20
25,000.00
l5,000.00
38,000.00
25,000.00
33.780.00
(30,480.00)
7,983.85
I80,000.00
135,990.00
2 1 1,000.00
3,963.90
13,900.00
140.00
2,065.28
61 6,535.00
(100,000.00)
84,740.90
20,000.00
19,542.65
84.1 65.02
6,409.18
24,820.00
100.00
1,060.00
3,000.00
11,385.00 11,385.00
(75,000.00)
75,000.00
808,000.00
2,150.00 2,150.00
46,704.72 57,904.87
6,120.50
948.97 560,499.97
34,112.86 34,112.86
2,275.00 2,275.00
7,773.87 7,773.87
2,546.00 2,546.00
39,689.07
11,767.50
9,438.00 29,617.01
377,201 .OO
7,940.00 7,940.00
67,107.65 67,107.65
4,932.48 4,932.48
2 17,953.37 4,270,792.52 (33,780.00) 4,454,965.89
8,335.64 8,335.64
4,552.00 4,552.00
8,314.00 6,686.00 15,000.00
250,000.00
(250,000.00) (250,MH).00)
2 5 0,000.00
33,780.00
94,500.00
180,000.00
89,700.00
( l00,000.00)
80,000.00
20,000 00
3,000.00
808,000.00
I 1,200.15
6,120.50
559.55 1 .OO
(75,000.00)
75,000.00
39.689.07
1 1,767.50
20,179.01
377,201.00
1,545,822.57 6,426,529.40 367,200.00 8,339,551.97
Fund Balance- Fund Balance- From Grant/ Current Year Total Increase
Reserved Designated Other Revenues Transfers To Budget
1,545,822.57 6,426,529.40
3,000.00
329.200.00
7,972,351.97
35,000.00 35,000.00
3,000.00
329.200.00
1,545,822.57 6,426,529.40 332,200.00 35,000.00 8,339,551.97
Expenditures
I 03.3000.5 39.4600
I03.3000.539.6909
103.3000.539.6910
I03.30OO.539.6912
103.3000.539.69 I2
I03.3000.539.6924
103.3000.539.6926
103.3000.539.6944
103.3005.539.6944
GAS TAX FUND
Reserved for Designated From Grant/ Current Year Total Increase (Decrease)
Purchase Orders for Projects Other Revenues Transfers To Budget
89,552.50
24,229.30
129,591.93 123,443.13 250,000.00 79,9 13.57 582,948.63
89,552.50
51,229.30 (27,000.00)
61,017.27 61,017.27
4,554.00 6,575.23 (3,484.60) 7,644.63
55,000.00 55,000.00
(55,000.00) (55,000.00)
2,581.20 72.81 6.96 (1 5,648.97) 59,749.19
Total Increase
in Expenditures
Revenues
I03.389.0000
I 03.38 I ,0000
103.337.4000
Totml Increase In
RevenueslSources
Expenditures
104.2030.575.5200
Total Increase
in Expenditures
Revenues
I04.389.0000
Total Increase In
RevenueslSources
Expenditures
301.2000.572.6907
301.2000.572.691 I
301.2000.572.6919
301.2000.572.6928
30 1.2000.572.6929
30 I .2000.572.6930
301.2000.572.6932
197,744.40 343,617.12 250,000.00 33,780.00
Fund Balance- Fund Balance- From Grant/ Current Year
Reserved Designated Other Revenues Transfers
197,744.40 343,617. I2
33,780.00
250,000.00
197,744.40 343,617.12 250,000.00 33,780.00
RECREATION SPECIAL REVENUE FUND
Reserved for Designated From Grant/ Current Year
Purchase Orders for Projects Other Revenues Transfers
400.00
400.00
Total Increase
To Budget
541,361.52
33,780.00
250.000.00
Total Increase (Decrease)
To Budget
400.00
400.00
Fund Balance-
Reserved
Fund Balance- From Grant/
Designated Other Revenues
Current Year Total Increase
Transfers To Budget
400.00
400.00
Reserved for
Purchase Orders
2,121.46
67,601.70
5,000.00
RECREATION IMPACT FUND
Designated From Grant/
for Projects Other Revenues
41 1,894.75
7,171.97
10,475.59
1,230,670.54
1,429,678.5 I
795,000.00
450,563.50
400.00
400.00
Current Year Total Increase (Decrease)
Transfers To Budget
41 1.894.75
7,171.97
10,475.59
1.232.792.00
1,497,280.21
800,000.00
450.563.50
301.2000.572.6938 4,244.00 4,244.00
Totml Increase
in Expenditures 74,723.16 4,339,698.86 4,414,422.02
Fund Balance- Fund Balance- From Grant/ Current Year Total Increase
Revenues Reserved Designated Other Revenues Transfers To Budget
301.389.0000 74,723.16 4,339,698.86 4,414,422.02
Total Increase In
RevenuesISources 4,4 14,422.02
Expenditures
303.1200.522.5200
303.1200.521.9920
303.1200.522.6400
Total Increase
in Expenditures
Revenues
303.389.0000
Total Increase In
RevenueslSources
Expenditures
304.1400.515.6908
Total Increase
in Expenditures
Revenues
304.3 89.0000
Total Increase In
Revenues/Sources
Expenditures
309.0900.519.3 I60
309.0900.519.3170
309.0900.5 19.6300
Total Increase
In Expenditures
Revenues
309.389.0000
309.369.0000
Total Increase In
RevenuedSources
FIRE IMPACT FUND
Reserved for Designated From Grant/ Current Year Total Increase (Decrease)
Purchase Orders for Projects Other Revenues Transfers To Budget
347.92 347.92
3 13,209.32 152,000.00 465,209.32
(IS2,000.00)
3 13,557.24 465,557.24
Fund Balance- Fund Balance- From Grant/ Current Year Total Increase
Reserved Designated Other Revenues 'Transfers To Budget
3 13,557.24 313,557.24
313,557.24 3 13,557.24
ART IMPACT FUND
Reserved for Designated From Grant/ Current Year Total Increase (Decrease)
Purchase Orders for Projects Other Revenues Transfers To Budget
29,634.70 324,486.55 354,121.25
29,634.70 324,486.55 354,121.25
Fund Balance- Fund Balance- From Grant/ Current Year Total Increase
Reserved Designated Other Revenues Transfers To Budget
29,634 70 324,486.55 354.12 I .25
29,634.70 324,486.55 354,12 I .25
BURNS ROAD FUND
Reserved for Designated From Grant/ Current Year Total Increase (Decrease)
Purchase Orders for Projects Other Revenues Transfers To Budget
5,272.27 5,272.27
1,422.65 12,492.95 13,915.60
23,280.05 308,297.75 44,819.24 376,397.04
24,702.70 326,062.97 44,819.24 395,584.91
Fund Balance-
Reserved
24.702.70
24,702.70
Fund Balance-
Designated
326,062.97
326,062.97
From Grant/
Other Revenues
44,819.24
44,819.24
Current Year
Transfers
Total Increase
To Budget
350,765.67
44,819.24
395,584.91
Expenditures
401.2540.572.6915
Total Increase
in Expenditures
Revenues
401.389.0000
Total Increase In
RevenuesISources
Expenditures
501.3020.539.3810
501.3020.539.6400
501.3020.539.6410
501.3020.539.6933
501.3020.539.6934
501.3020.539.9921
Total Increase
in Expenditures
Revenues
501.369.0000
Total Increase In
RevenuesISources
Expenditures
302.1000.52 I .9 I00
302.1000.521.9920
Total Increase
in Expenditures
Revenues
302.389.0000
Total Increase In
RevenueslSources
GOLF COURSE FUND
Reserved for Designated From Grant/ Current Year Total Increase (Decrease)
Purchase Orders for Projects Other Revenues Transfers To Budget
9,220.50 15,213.10 24,433.60
9,220.50 15,213.1 0 24,433.60
Fund Balance- Fund Balance- From Grant/ Current Year Total Increase
Reserved Designated Other Revenues Transfers To Budget
9,220.50 15,213.10 24,433.60
9,220.50 15.2 13. IO 24.433.60
FLEET MAINTENANCE FUND
Reserved for Designated From Grant/ Current Year Total Increase (Decrease)
Purchase Orders for Projects Other Revenues Transfers To Budget
6,720.00 6,720.00
57,900.00 57,900.00
15,000.00 15,000.00
9,411.73 9.41 1.73
15,050.00 13.1 50.00 28,200.00
(57,900.00) (57,900.00).
21,770.00 22,561.73 15,000.00
Fund Balance- Fund Balance- From Grant/ Current Year
Transfers Reserved Designated Other Revenues
2 1,770.00 22,561.73 15,000.00
21,770.00 22,561.73 15,000.00
POLICE IMPACT FUND
Reserved for Designated From Grant/ Current Year
Purchase Orders for Projects Other Revenues Transfers
35,000.00
(35.000.00)
Fund Balance-
Reserved
Fund Balance- From Grant/
Designated Other Revenues
Current Year
Transfers
59,331.73
Total Increase
To Budget
59,33 I .73
59.331.73
Total Increase (Decrease)
To Budget
35,000.00
35,000.00
Total Increase
To Budget
2,2 17,575.21 11,798,169.73 677,019.24 33,780.00 14,878,544.24
City of Palm Beach Gardens
Council Agenda
April 7,2005
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
Mayor Russo Council Member Levy
Vice Mayor Jablin Council Member Valeche
Council Member Barnett
I.
11.
(-p
IV
7.67
?:e7
7'nR v*
VI.
8:93 VII.
5- c) VIII.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
April 7,2005
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
a.
b.
ITEMS OF RESIDENT INTEREST:
CITY MANAGER REPORT:
COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the Citv Clerk prior to this Item)
CONSENT AGENDA:
a.
b.
c.
(Page 8) National Nutrition Month - Palm Beach County Health Unit
[Page 9) Quarterly Financial Report
7, yk - ICMIPW ,-j/Lc72L)c'b)
Approve Minutes from the February 18,2005 Special City Council meeting.
Approve Minutes from the March 3,2005 City Council meeting.
Resolution 35,2005 - An Interlocal Agreement between the City and Palm Beach
County. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving an Interlocal Agreement between the City and Palm Beach
County for Community Development Block Grant and Home Investment
Partnership Program activities for Fiscal Years 2006,2007, and 2008; authorizing
the Mayor and City Clerk to execute same; and providing an effective date.
d.
e.
h.
1.
j.
Resolution 43, 2005 - Approving an agreement with Health Careers Institute for
the education and training of students in the Paramedic and EMT programs. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving an agreement with Health Careers Institute for the education and
training of students in the Paramedic and EMT programs; and providing an
effective date.
Resolution 45, 2005 - Approving and ratifying an agreement with the Police
Benevolent Association for Police Lieutenants. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving and ratifying an agreement
with the Police Benevolent Association for Police Lieutenants employed by the
City’s Police Department for Fiscal Years 2004-2005, 2005-2006, and 2006-
2007; authorizing the Mayor, City Manager and City Clerk to execute said
agreement; and providing an effective date.
Resolution 46, 2005 - Gardens Station plat. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving the Gardens Station Plat; and
providing an effective date.
Resolution 49, 2005 - Amendment No. 1 to an Interlocal Agreement with the
School District to allow for future construction of a restroodpavilion at Howell
Watkins Middle School. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida authorizing the execution of an Amendment to an
Interlocal Agreement between the City of Palm Beach Gardens and the School
District of Palm Beach County for the mutual use of public facilities to allow for
future construction of a restroom/pavilion at Howell L. Watkins Middle School;
and providing an effective date.
Resolution 50, 2005 - Work Authorization to LBF&H, Inc., for Project No. 2003-
007. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving a work authorization for engineering services with LBFH, Inc., to
provide engineering and surveying services related to the canal restoration and
stormwater projects; authorizing the Mayor and the City Clerk to execute the
same; and providing an effective date.
Proclamation - Fair Housing Month.
Proclamation - Kids Day AmericdInternational
IX. PUBLIC HEARINGS:
Part I - Quasi-iudicial
a.
g‘a I
Ordinance 13, 2005 - (lst reading) Waterford Hotel Planned Unit Development
(PUD) amendment. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida amending Ordinance 53, 1988, Ordinance 18, 1992, and
Ordinance 14, 1996 relating to the zoning for the Waterford Hotel Planned Unit
Development (PUD) to transfer the site plan approval and related conditions to
Resolution 44,2005; and providing an effective date.
g; 3 7 fil.6 I Pb 1-3
>r- 0
Resolution 44,2005 is a companion item to Ordinance 13,2005
and will require Council action on second reading.
Resolution 44, 2005 - Waterford Hotel Planned Unit Development (PUD)
amendment. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving an amendment to the Waterford Hotel Planned Unit
Development (PUD), which is located approximately l/lOth of a mile South from
PGA Boulevard on the East side of US Highway, to allow for the inclusion of a
1,7 1 0-square-foot restaurant into the PUD, as more particularly described herein;
providing for waivers; providing for conditions of approval; and providing an
effective date.
8: 3 b. Ordinance 35, 2004 - (2’ld reading and adoption) The Sanctuary PBG HOA, Inc.
Lake Access Tract. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida amending Ordinance 22, 1993 relating to the Sanctuary Planned
Unit Development (PUD) to transfer the Master Plan approval and related
conditions to a separate Resolution; and providing an effective date.
3: /d y-- 0
9:4/
Resolution 47,2005 is a companion item to Ordinance 35,2004
and will require Council action.
tot A/ Resolution 47, 2005 - The Sanctuary PBG HOA, Inc. Lake Access Tract. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving an amendment to the Sanctuary Planned Unit Development (PUD)
located on the North side of Hood Road approximately 1,500 feet West of
Prosperity Farms Road, as more particularly described herein; to allow a fifteen-
foot open space tract through an upland preserve known as tract “U-3” of the
Sanctuary PUD Plat No. 2; to provide for no net loss of preserve acreage on site,
and to eliminate four drainage tracts; providing conditions of approval; and
providing an effective date.
9-/
Part I1 - Non-Quasi-iudicial
X. RESOLUTIONS:
Resolution 8, 2005 - Frenchman’s Yacht Club Concurrent Processing
Application. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida allowing the concurrent processing of a rezoning, site plan, Planned
Community Development (PCD)/Development of Regional Impact (DRI)
amendment and comprehensive plan amendment for a 14.54-acre site located at
the Southeast corner of Donald Ross Road and Prosperity Farms Road, as more
particularly described herein; and providing an effective date.
Resolution 38, 2005 - Approving the Art in Public Places Proposal for Lot 4 of
the Northcorp PCD. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the Art in Public Places proposal for Lot 4 of the
Northcorp Planned Community Development (PCD), as more particularly
described herein; providing for one condition of approval; and providing an
effective date.
Resolution 39,2005 - Approving the Art in Public Places proposal for the Bascom
Palmer Eye Institute. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the Art in Public Places proposal for the Bascom
Palmer Eye Institute within the PGA National Resort Community Planned
Community Development located at the Southwest corner of PGA Boulevard and
Fairway Drive, as more particularly described herein; providing for a condition of
approval; and providing an effective date.
Resolution 55, 2005 - Amending Resolution 1 15, 2004. A Resolution of the City
Council of the City of Palm beach Gardens, Florida amending Resolution 115,
2004, which approved an upland preserve set aside for Donald Ross Village
Planned Unit Development, to provide a corrected legal description; and
providing an effective date.
XI
/u: 35’-
ORDINANCES: (For Consideration on First Reading)
a. Ordinance 6, 2005 - LDR amendment- Conditional uses. Amend the Code of
Ordinances, Chapter 2, Division 6, Planning, Zoning, and Appeals Board, Section
2-147 entitled “Powers and Duties” to provide that further appeals from any final
decision of the Planning, Zoning, and Appeals Board shall be made to the circuit
court. An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida relating to the powers and duties of the Planning, Zoning, and Appeals
Board, the conditional use review process, the review of development order
applications, application procedures, and permitted uses, conditional, and
prohibited uses; amending Section 2- 147, Code of Ordinances entitled “Powers
and Duties”; amending Section 78-24, Code of Ordinances entitled “Development
Review Committee”; amending Section 78-43, Code of Ordinances entitled
“Review of Applications for Development Order Approval”; amending Section
78-46, Code of Ordinances entitled “Application Procedures”; amending Section
78-52, Code of Ordinances entitled “Conditional Uses”; amending Section 78-54,
Code of Ordinances entitled “Public Notice”; creating a new Section 78-56 to be
entitled “Appeals and Reconsideration”; amending Section 78-1 59, Code of
Ordinances entitled “Permitted Uses, Conditional, and Prohibited Uses” to modify
certain permitted and conditional uses; providing for codification; and providing
an effective date.
Ordinance 10, 2005 - Amending the Fiscal Year 2003/2004 Budget. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending the City of Palm Beach Gardens’ budget for the Fiscal Year beginning
October 1, 2003, and ending September 30, 2004, inclusive; and providing an
effective date.
Ordinance 11, 2005 - Amending the Fiscal Year 2004/2005 Budget. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending the City of Palm Beach Gardens’ budget for the Fiscal Year beginning
October 1, 2004, and ending September 30, 2005, inclusive; and providing an
effective date.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. Recognition of former Councilmembers.
b. Quarterly meetings with the residents.
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Counci
City of Palm Beach Gardens
Council Agenda
April 7,2005
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
Mayor Russo
Vice Mayor Jablin
Council Member Levy
Council Member Valeche
Council Member Barnett
J I.
' 11.
111.
' IV
'V.
'VI.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
April 7,2005
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
4 a.
'b.
[Page 8) National Nutrition Month - Palm Beach County Health Unit
/Page 9) Quarterly Financial Report
ITEMS OF RESIDENT INTEREST:
CITY MANAGER REPORT:
/VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Apenda, please submit
reauest form to the City Clerk Drior to this Item)
VIII. CONSENT AGENDA:
a. JPaPe 64) Approve Minutes from the February 18, 2005 Special City Council
meeting .
b. /Page 69) Approve Minutes from the March 3,2005 City Council meeting.
C. (Staff Report on Page 73, Rcsolution on Page 75) Resolution 35, 2005 - An
Interlocal Agreement between the City and Palm Beach County. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving an
Interlocal Agreement between the City and Palm Beach County for Community
Development Block Grant and Home Investment Partnership Program activities
for Fiscal Years 2006, 2007, and 2008; authorizing the Mayor and City Clerk to
execute same; and providing an effective date.
d. [Staff Report on Paw 82, Resolution on Page 84) Resolution 43, 2005 -
Approving an agreement with Health Careers Institute for the education and
training of students in the Paramedic and EMT programs. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving an agreement
with Health Careers Institute for the education and training of students in the
Paramedic and EMT programs; and providing an effective date.
e. (Staff Report on Page 91, Resolution on Page 92) Resolution 45, 2005 -
Approving and ratifying an agreement with the Police Benevolent Association for
Police Lieutenants. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving and ratifying an agreement with the Police
Benevolent Association for Police Lieutenants employed by the City's Police
Department for Fiscal Years 2004-2005, 2005-2006, and 2006-2007; authorizing
the Mayor, City Manager and City Clerk to execute said agreement; and
providing an effective date.
f {Staff Report on Page 156, Rcsolutinn on Page 158) Resolution 46, 2005 -
Gardens Station plat. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the Gardens Station Plat; and providing an effective
date.
g. {Staff Report on Page 163, liesolution on Page 165) Resolution 49, 2005 -
Amendment No. 1 to an Interlocal Agreement with the School District to allow
for future construction of a restroodpavilion at Howell Watkins Middle School.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida
authorizing the execution of an Amendment to an Interlocal Agreement between
the City of Palm Beach Gardens and the School District of Palm Beach County
for the mutual use of public facilities to allow for future construction of a
restroodpavilion at Howell L. Watkins Middle School; and providing an
effective date.
h. {Staff' Report on Page 182, Resolution on Page 184) Resolution 50, 2005 -
Work Authorization to LBF&H, Inc., for Project No. 2003-007. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving a work
authorization for engineering services with LBFH, Inc., to provide engineering
and surveying services related to the canal restoration and stormwater projects;
authorizing the Mayor and the City Clerk to execute the same; and providing an
effective date.
1. {Page 195) Proclamation - Fair Housing Month.
j. /Page 196) Proclamation - Kids Day AmericdInternationaI
IX. PUBLIC HEARINGS:
Part I - Quasi-iudicial
a.
b.
[Staff Report on Page 198, Ortlinance on l’iigc 206, Resolution on Page 210)
Ordinance 13, 2005 - (Ist reading) Waterford Hotel Planned Unit Development
(PUD) amendment. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida amending Ordinance 53, 1988, Ordinance 18, 1992, and
Ordinance 14, 1996 relating to the zoning for the Waterford Hotel Planned Unit
Development (PUD) to transfer the site plan approval and related conditions to
Resolution 44,2005; and providing an effective date.
Resolution 44,2005 is a companion item to Ordinance 13,2005
and will require Council action on second reading.
Resolution 44, 2005 - Waterford Hotel Planned Unit Development (PUD)
amendment. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving an amendment to the Waterford Hotel Planned Unit
Development (PUD), which is located approximately l/lO* of a mile South from
PGA Boulevard on the East side of US Highway, to allow for the inclusion of a
1,7 1 0-square-foot restaurant into the PUD, as more particularly described herein;
providing for waivers; providing for conditions of approval; and providing an
effective date.
lStaff Report on Page 251. Orclinmce on PitgC 299, IXesolution on I’age 302)
Ordinance 35, 2004 - (2nd reading and adoption) The Sanctuary PBG HOA, Inc.
Lake Access Tract. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida amending Ordinance 22, 1993 relating to the Sanctuary Planned
Unit Development (PUD) to transfer the Master Plan approval and related
conditions to a separate Resolution; and providing an effective date.
Resolution 47,2005 is a companion item to Ordinance 35,2004
and will require Council action.
Resolution 47, 2005 - The Sanctuary PBG HOA, Inc. Lake Access Tract. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving an amendment to the Sanctuary Planned Unit Development (PUD)
located on the North side of Hood Road approximately 1,500 feet West of
Prosperity Farms Road, as more particularly described herein; to allow a fifteen-
foot open space tract through an upland preserve known as tract “U-3” of the
Sanctuary PUD Plat No. 2; to provide for no net loss of preserve acreage on site,
and to eliminate four drainage tracts; providing conditions of approval; and
providing an effective date.
Part I1 - Non-Quasi-iudicial
X. RESOLUTIONS:
{Staff Report on Page 310, Resolution on Page 334) Resolution 8, 2005 -
Frenchman’s Yacht Club Concurrent Processing Application. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida allowing the concurrent
processing of a rezoning, site plan, Planned Community Development
(PCD)/Development of Regional Impact (DRI) amendment and comprehensive
plan amendment for a 14.54-acre site located at the Southeast comer of Donald
Ross Road and Prosperity Farms Road, as more particularly described herein; and
providing an effective date.
(Staff Report on I’a!~c 338, Resolution on Page 331) Resolution 38, 2005 -
Approving the Art in Public Places Proposal for Lot 4 of the Northcorp PCD. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the Art in Public Places proposal for Lot 4 of the Northcorp Planned
Community Development (PCD), as more particularly described herein;
providing for one condition of approval; and providing an effective date.
(Staff Report on Page 359, Resolution on Page 362) Resolution 39, 2005 -
Approving the Art in Public Places proposal for the Bascom Palmer Eye Institute.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the Art in Public Places proposal for the Bascom Palmer Eye Institute
within the PGA National Resort Community Planned Community Development
located at the Southwest comer of PGA Boulevard and Fairway Drive, as more
particularly described herein; providing for a condition of approval; and providing
an effective date.
{Staff Report on Page 391, Rcsolution on I’ap 393) Resolution 55, 2005 -
Amending Resolution 115, 2004. A Resolution of the City Council of the City of
Palm beach Gardens, Florida amending Resolution 1 15,2004, which approved an
upland preserve set aside for Donald Ross Village Planned Unit Development, to
provide a corrected legal description; and providing an effective date.
XI ORDINANCES: (For Consideration on First Reading)
[Staff Report on Page 41 7, Ordiiunce on Page 423) Ordinance 6, 2005 - LDR
amendment- Conditional uses. Amend the Code of Ordinances, Chapter 2,
Division 6, Planning, Zoning, and Appeals Board, Section 2- 147 entitled “Powers
and Duties” to provide that further appeals from any final decision of the
Planning, Zoning, and Appeals Board shall be made to the circuit court. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
relating to the powers and duties of the Planning, Zoning, and Appeals Board, the
conditional use review process, the review of development order applications,
application procedures, and permitted uses, conditional, and prohibited uses;
amending Section 2- 147, Code of Ordinances entitled “Powers and Duties”;
amending Section 78-24, Code of Ordinances entitled “Development Review
Committee”; amending Section 78-43, Code of Ordinances entitled “Review of
Applications for Development Order Approval”; amending Section 78-46, Code
of Ordinances entitled “Application Procedures”; amending Section 78-52, Code
of Ordinances entitled “Conditional Uses”; amending Section 78-54, Code of
Ordinances entitled “Public Notice”; creating a new Section 78-56 to be entitled
“Appeals and Reconsideration”; amending Section 78- 159, Code of Ordinances
entitled “Permitted Uses, Conditional, and Prohibited Uses” to modify certain
permitted and conditional uses; providing for codification; and providing an
effective date.
r0
b. IStaff lieport on Pace 450, Ordinance on Page 452) Ordinance 10, 2005 -
Amending the Fiscal Year 2003/2004 Budget. An Ordinance of the City Council
of the City of Palm Beach Gardens, Florida amending the City of Palm Beach
Gardens’ budget for the Fiscal Year beginning October 1, 2003, and ending
September 30,2004, inclusive; and providing an effective date.
C. /Staff Report on Pace 461, Ordinance on Page 403) Ordinance 11, 2005 -
Amending the Fiscal Year 2004/2005 Budget. An Ordinance of the City Council
of the City of Palm Beach Gardens, Florida amending the City of Palm Beach
Gardens’ budget for the Fiscal Year beginning October 1, 2004, and ending
September 30,2005, inclusive; and providing an effective date.
5-0
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. Recognition of former Councilmembers. -
b. Quarterly meetings with the residents.
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE AD VISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Prirrt -
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
Subject: I
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
bu.hCA-5. Name: Cce.bQA) A -
Please Print
Address: Z - /J~y1du&i~ Q id3
dw & de City: -
Subject: I I
~~~ ~~~~ ~~~ ~
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
City: fas
~~~
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
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
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.
Request to Address City Cc
Please Print i
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
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
q- Or“? IAJiViL
Please Print
Name:
Address: l13.W Gkn S
City: mzcl, ,/ I -L 33wr
Subject:
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print /I
Members of the public may address the City Council during the ccComments 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
Subject:
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
~ -_ -_ -
COMMENTS FROM THE I
Request to Address City C
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print /
~~
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name: f b 4A- (pl \ -\sop)
Address: yI
Subject: ,
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
~~
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 f
Name:
Subject:
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
Please Print
COMMENTS FROM THE PUBLIC
Request to Address City Council
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name: mc,
Subject: - I
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
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
City:
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:
~ ~ ~ ~ ~ ~ ~ ~ ~~
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
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 I!
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print - @.*. -
~ ~
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Subject :
Members of the public may address the City Council during the ccComments 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--hC\5T I4 ‘I \-\*wl ~w0f-I-
Address: \ brn (3 I.ek 0 @Ob Lq 1.9,
City: P%-
Subject:
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
4 City of Palm Beach Gardens, City Council Members
Subject: Shady Lakes Drive Ownership
Date: March 25, 2005
The purpose of this letter is to provide documentation in regards to the ownership of a 50’ wide
strip of land known as 1/2 of Shady Lakes Drive.
The PGA Corridor Residents Coalition recognized that the ownership of Shady Lakes Drive was a
key issue in the zoning for the Borland project. Without Borland’s ownership of Shady Lakes
Drive, Borland would not meet the Comprehensive Plan requirements for Non-Residential MXD
and therefore not be able to build at the intensity/density they were proposing.
In response to the Coalition’s concern, Charles Wu wrote a letter on April 10, 2002 to the
Borland organization (tab 8) stating the following: “Specifically, the City is seeking
documentation conclusively demonstrating that the City no longer possesses a property interest
in this portion of property”.
Mr. Steven Cohen, on behalf of Borland, conducted a title search (tab 10) on May 14,2002 and
concluded that Borland owned the subject strip of land. The ownership issue was again
addressed in a letter from the Borland organization to Charles Wu, dated June 5, 2002 and
stated the following. “As you can see, we are confident that this fact (ownership of Shady
Lakes Drive), is not an issue”.
The City responded to the Coalition‘s concern on June 19, 2002 (tab 12) and the City stated
they were satisfied that Borland in fact owned the property. At that time the City Attorney, Mr.
Len Rubin, required Borland to obtain a “Title certificate from a title company”, which they did.
The Coalition responded to the City’s letter of June 19, 2002 and refuted the findings (tab 13)
but the City still contended that Borland had provided conclusive evidence demonstrating that
the City no longer possesses a property interest in this portion of property.
In early 2004 Borland started the rezoning process and the issue of the subject land ownership
came up again. The City Staff prepared a Staff recommendation for the waiver required for
rezoning this property from PDA to Non-Residential MXD. Upon review of this document, I
prepared an e-mail and rebutted the findings of Staff. Kara Irwin, City of PBG Planning Staff,
responded to my letter of concern (tab 16) on March 18, 2004 (tab 17) and stated the
following: “With respect to your concern about the fifty-foot posted and viewed right-of-way, it
has been determined that the Palm Beach community Church (property owner) is the owner of
the easterly fifty foot right-of-way while the westerly fifty foot right-of-way is publicly owned”.
In the attached report, I have included a multitude of various documents where property
ownership/specific rights has transferred on the subject strip of land and the City’s name does
not appear on a single one of the documents until Borland gave the City a Special Warranted
Deed dated November 19, 2004 (tab 20) and not presented to the City until February 17, 2005.
I need to point out that no mention of this Special Warranted Deed dated November 19, 2004
(tab 20) was given, offered or mentioned to the Council in January 2005 (tab 22) when I
brought the issue forward to Council. Please pay particular attention to the fact although the
City was presented with a deed dated November 19, 2004 (tab 20) and Borland gave away
rights on December 22, 2004 (tab 21) on the very land the City now owned. How can this be?
*
a I am confident that upon Council's review of the attached documentation, you will agree that
Borland has not complied with the requirements of LDR 78-77 (tab 1) and therefore Borland's
concurrency certificate was null and void December 31, 2003, as stated in City's Letter of
Conditional Concurrency Certificate (tab 5) dated October 17, 2001. I challenge City Staff to
show documentation other than what I have provided to you on this subject to refute these
findings.
In conclusion, the documents presented and included with this letter clearly prove that the City
was convinced that Borland was the owner of the subject strip of land but now the City
contends PBG was the legal owner of the property all the time therefore not requiring the
Borland project to comply with LDR Section 78-77 (tab 1). How can this be?
The City Staff took a position on the subject land ownership backed by a Title search and a Title
certificate from a title company but now the Staff wants City Council to believe otherwise.
If you should have any question or need any additional information please contact me at the
number listed below. Please maintain this letter and staff's response to this letter as a
permanent record in the Borland project file.
Thank you for your consideration in this matter.
Vito DeFrancesco
1049 Shady Lakes Circle
Palm Beach Gardens, Florida
561-626-9983
cc: Mr. Joseph Russo, City of Palm Beach Gardens Mayor, w/attachment
Mr. Eric Jablin, City of Palm Beach Gardens Vice- Mayor, w/o att.
Mr. Hal Valeche, City of Palm Beach Gardens Councilman, w/o att.
Mr. David Levy, City of Palm Beach Gardens Councilman, w/o att.
Ms. Jody Barnett, City of Palm Beach Gardens Councilwoman, w/attachment
PGA Corridor Residents Coalition Officers
Dr. Robert Davis, BallenIsles HOA Representative, w/o att.
Mr. Steven Barnes, Shady Lakes HOA President, w/o att
Mr. Walter Schmidt, Garden Lakes HOA President, w/o att.
Mr. Tala1 Benothman, City of Palm Beach Gardens, Planning Director, w/o att.
Ms. Kara Irwin, City of Palm Beach Gardens, Senior Planner, w/o att.
INDEX
TAB TITLE/DESCRIPTION DATE
1. Land Development Ordinance 787-77
2. Palm Beach Community Church (PBCC) Deed
(purchased Totally 47.11 acres, including 2.969 acres of 50' strip)
3. PBCC appeals proposed 2000 taxes to County
4. County concurrency letter to City for PBCC
5. City of PBG Conditional Concurrency letter for PBCC
6. PBCC suit to PB County Appraiser for 2000 taxes
7. PBCC appeal of suit vs PB County Appraiser for 2000 taxes
8. City of PBG letter to PBCC requiring documents to prove ownership
of Shady Lakes Drive
9. PBCC agreement with RAM Development for purchase
10. Title Search on 50' strip of land by Holland & knight LLP
11. PBCC letter to City stating ownership of 50' strip of land
12. City of PBG requiring certificate of title policy
13. PGA Corridor Residents Coalition letter to rebut title search
14. Ordinance 10,2003 (direct benefit to Borland)
15. City of PBG Staff report for Borland (site includes 50' strip)
16. E-mail sent to PBG Planning Staff about 50' strip of land
17. City of PBG letter of response to item 16 (see page 2, highlighted)
18. PBCC suit vs PB County Appraiser for 2001 taxes
19. PBCC drainage easement to Borland Center Owners Ass.
20. PBCC deed to PBG for 50' strip of land, 2.969 aces
21. Ram Dev/PBCC gave away rights on total 47.11 acres site
22. Letter to City of PBG from V. DeFrancesco about loss of Borland
Concurrency as of 12-31-2003 and off-site mitigation
10-15-99
10-04-00
08-30-01
10-17-01
12- 13-01
02-07-02
04- 10-02
05-08-02
05-14-02
06-05-02
06-19-02
06-27-02
10-16-03
01-06-04
02-29-04
03-18-04
03-25-04
10-13-04
11-19-04
12-22-04
01-29-05
.
Dear Distinguished Mayor,
We are excited to announce to you that communities around the world will be hosting the Eleventh Annual
"Kids Day AmericdlntemationalTM" event on Saturday, May 14,2005. This is an international Health,
Safety, and Environmental Awareness Day that focuses on these important issues to educate local families
and communities. This year is an especially exciting year for Kids Day AmericdlntemationalTM, as it is
being represented by Jonathan Lipnicki, star of such films as Jeny Maguim with Tom Cruise, and Stuart
Little 1 and 2, as the new Celebrity Spokesperson! The inclusion of Jonathan Lipnicki is sure to bring an
unprecedented level of media coverage and attention to the event, both locally and nationally as well.
To date, almost 3,000,000 children and their families have been able to enjoy this day throughout the world.
With the help and support of local police departments, county sheriff offices, dentists, and photographers
who volunteered their time, we were able to complete Child Safety ID cards for all of these children.
Mayors, Governors, and Senators across the nation have signed the "Kids Day Arnerica/lntemationalTM"
proclamation making their towns, cities, and states official participants. Parents are thrilled to have a place
to go to learn about health awareness, fire safety, bicycle safety, recycling, drug awareness, and many
other important topics that address keeping our children safe and making the world a healthier and happier
place.
While learning about important issues, children can have fun and receive valuable information to take home
from this free event. "Kids Day Americdlntematiinal~" also benefits local charities across the entire
country.
Enclosed are a few copies of signed proclamations and media press releases and articles that were
generated as a result of the event. In addition, the event was covered by radio stations and network
affiliates nationwide, including Fox 5 NY, NBC, and CNN,
We look forward to your city's participation in this extraordinary international event!
Yours in health,
Drs. Theresa and Stuart Warner
Co-Founders, "Kids Day America/lnternationalm'
Drs. Theresa & Stuart Warner - Founders Kids Dap hdca / international www.childrenswellness.com-
1
2. Musical entertainment, including, but not limited to, bands, instruments, and
speakers shall be prohibited in all outside areas on site. (Planning & Zoninq,
Code Enforcement)
3. Outdoor seatins for the restaurant shall be prohibited. no food and beveraae
service shall be permitted in any outside area, and the existing outdoor
seatina and food and beveraqe service operation shall cease immediatelv upon
the adoption of this Resolution. (Planninq & Zoninq. Code Enforcement)
Add (a) The applicant shall construct two additional vertical feet to its existing
concrete wall located along its eastern boundary line. The existinq
concrete wall separates the applicants propertv from the Twelve Oaks
Condominium Association, Inc. The applicant shall applv for and obtain all
necessary permits. The two feet addition shall be built from the same
materials or unrecoanizablv different materials as the existing concrete
wall and painted to match the existing wall.
p Swi1J.J
Add (b) The applicant shall use its best efforts hhe secure all necessary consent
and permits to construct a fence to secure the approximatelv fifteen (15)
feet of unsecured propertv along the southeast corner of applicant's
propertv to Drevent pedestrian traffic between its propertv and the Twelve
Oaks Condominium Association, Inc. Said concrete wall or fence shall be
built to the same vertical heiaht of the existing concrete wall located along
its eastern boundary line. Said wall or fence may include a lockable gate.
If said wall is constructed of concrete it shall match the existing concrete
wall and painted to match the existina wall.
east 75dav S C -ition due to no fault of its
Add (c) The applicant shall prohibit swimming past dusk and use its best efforts to
prevent excessive noise between the hours of 9:00 PM and 8:OO AM. .
4. The applicant shall reduce the number of hotel rooms to 77 within nine months
from the effective date of this Resolution. (Planninq & Zoninq)
5. Each hotel suite shall contain no more than one entrancelexit from the common
hotel corridor. (Planninq & Zoninq)
6. Within 45 davs from the effective date of this Resolution, the applicant shall
convert the existinu meetina room area to a multi-DurDose wace to be utilized for
hotel quests. This multi-purpose space shall be limited to lobbv space. storaqe,
an exercise area, or to address the needs of quests stavina at the hotel. No
outside meetinqs, such as banquets or receptions. shall be permitted on site.
/Planning & Zonina. Code Enforcement).
7. The parking area below the ancillary buildinq shall be 100% clear of all hotel and
restaurant storaqe. includinq the walled-in area located in the rear of the
underqround parking area, immediatelv followina the adoption of this Resolution.
The walled-in storage area shall be converted into two parking spaces
immediatelv following the adoption of this Resolution. (Planning & Zoninq. Code
Enforcement)
EXHl BIT 1-1
CITY COUNCIL MEETING 04/07/05
PROPOSED ADDITIONS, DELI<: I'IONS AND MODIFICATIONS
ADD IT10 N S . NONE
DELETIONS. NONE
MODIFICATIONS: Under Public Hearing - Part I Quasi-iudicial
Resolution 47,2005 - The Sanctuary PBG HOA, Inc.
Lake Access Tract.
fa,& 5--0
There are two (2) prosposed amendments to the Resolution
numbered 28 and 29.
A copy of the proposed revision has been provided for each
member of the Council.
Under Section X - Resolutions
Resolution 8,2005 -- Frenchman's Yacht Club
Concurrent Processing Application.
We are changing the title to approve a concurrent
processing agreement between the City and Avatar
Properties Inc.
A copy of the proposed revision has been provided for each
member of the Council.
Resolution 8,2005
Pro Dosed Revision
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA ALLOWING THE CONCURRENT PROCESSING OF A
REZONING, SITE PLAN, PLANNED COMMUNITY DEVELOPMENT (PCD) /
DEVELOPMENT OF REGIONAL IMPACT (DRI) AMENDMENT AND
COMPREHENSIVE PLAN AMENDMENT FOR A 14.54-ACRE SITE LOCATED
AT THE SOUTHEAST CORNER OF DONALD ROSS ROAD AND
AN EFFECTIVE DATE.
***
WHEREAS, the City Council has determined that the concurrent review of
a development order application and comprehensive plan amendment for the
14.54-acre site will result in a more comprehensively planned project in this
instance, and therefore, deemed approval of this Resolution to be in the best
interest of the citizens and residents of the City of Palm Beach Gardens
***
Council Meeting: April 7,2005
Resolution 47,2005
SECTION 3. Said Planned Unit Development amendment is approved
subject to the following conditions, which shall be the responsibility of the
applicant, its successors, or assigns:
***
Judy Cooper with the Palm Beach County Health Unit is here tonight to give us a short
presentation on nutrition.
I L. L L
1 3
m
CD 03 1
I
5-
03
cb CD 1 m 0 3
I I
m
4
5. z
B
=t:
g
5 0
1 a
0
CD 1
cc
cc
0 3 cc
9
2
5.
5;'
CD 3
W
0 3
03 er cc
% s s: CD
s L. m
2
E' P
I
0"
=t:
CD 3
0 1
L. m 5
0
CD 1
c) 0
3 CD
cc m
3
U
n 1 0 m m I CD X 5 I.
3 % 5'
3
2
F
3
03 cc
0 c,
1
03
1
G
G
CD
m
r
U-
5 CD
03 cb cb
cc
L E' 93 1
03 3 a
3. 6 1
cb 03
cc
2
tl
2. I.
cb 03 3
5 u c
(D
cc m
3
E
03 a CD
z. 1
Winchester Courts HOA, INC.
8259 N. Military Trail #11
Palm Beach Gardens, F1. 33410
5611626-0917
March 28,2005
Mayor Joe Russo
City Commissioners
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Fl. 33410
Re: Kyoto Gardens Drive Extension
Dear Mayor Russo and City Commissioners:
the proposed Kyoto Gardens Blvd. Extension that will be affecting many of us as homeowners and
negatively affecting the value of our property.
Our development is already bordered by the railroad to the east and both Military Trail and I 95 to the
west. To the south we have the lake with its pristine beauty and home to many different species of
wildlife and waterbirds (egrets, herons, mallard ducks, coots, and anhingas). This lake has been our
refuge for 25 years providing us with privacy, beauty and a sense of undisturw nature in its natural
form. We ask that each of you please regard this important issue for us as you go forth with this project.
he #1: Natural bufler zone: We are asking for a more significant, natural, buffer zone. There have
been 58 feet designated for this purpose. At first, this came as quite a relief, but with further examination
we discovered that part of the 58 feet will be for two different grassy areas, one next to the road and the
other by the lake area How maw &et then will actually be desimated for the oresewation of the existing
trees and shrubs. which will actually serve as our visual as well as our auditaw bu&? Our concern is
how much of the 58 feet will keep the trees intact and our view beautill?
minimum, a 120 feet barrier with the majority of that footage to be left for the existing pine trees. With
that fodage, it would provide us with a sense of an undisturbed natural barrier. Another consideration,
would be to take 5 acres of the current Preserve A area and distribute it as a buffer south of the lake eom
Military Trail to AIA to block the sound of 14,000 cars daily and the car lights that will be shining into our
WOOmS.
We, the residents of Winchester Courts, ask for your consideration on some important issues regarding
We are requesting at a
Issue #2: Lighting: Our request is for no lighting except at the major intersections of Military Trail and
AIA. If there must be lighting, please consider the low level, 12-foot maximum height with metal
highlight facing down and to the south using the low intensity coach lamps similar to the ones used on
Bums Road.
Issue #3: Bridge: Our suggestion is that at a minimum the eastem portion of the intersection at Military
Road be angled to the southeast away fiom the Winchester homes. We don’t believe that every intersection
has to be a perfixt right angle.
to build a bridge over and just put a in a macadam roadway. The road could be built much hther south on
the property with a 20-foot high berm put in on the western portion where the road is adjacent to the
Winchester homes. Our request is to have a 20-foot berm with natural vegeiation instead of the bridge at
Military or angle the bridge more southward.
Also, it seems to us that it would be much cheaper to actually fill in that part of the lake that they want
At least eight homeowners in the first two buildings have already been severely impacted by the initial
building of this road. If the bridge is placed as planned, it will significantly impact many of the dher
homeowners as well by restricting their view, increasing the noise level and by having intrusive lighting
fiom the bridge coming into the upstairs bedrooms. Eminent Domain is becoming a real consideration.
The possibility of soundproof windows and dm should also be a considered. One renter has cancelled
his contract to purchase in that area
RdUd.
We feel the value of that property has already been significantly
To summarize, in regards to the concerns of the homeowners as evidenced by the large turnout for the
two meetings with Dan Clark, City Engineer, we are asking for some relief and consideration of this road.
We are conwed about the adverse effect that this project will have on us regarding the value of our
property and the destruction or disturbance of the environmentally sensitive area surrounding the lake.
We ask that you, our City Commissioners, in reviewing this issue, consider the residents of
Winchester Courts. Please come down to our side of the lake and look at our view now. After this
project, imagine what our view will be!
Thank you for your consideration to this matter.
Respect fully,
Winchester Courts HOA
cc: Ron Farris, City Manager
Charles Wu, Growth Management Administrator
Dan Clark, City Engineer
Ken Pruitt, State Senator
Carl Domino, House Representative
Karen Marcus, County Commissioner
Winchester Courts HOA
Kyoto Gardens Drive Ext. Road Committee
4290 C Hazel Avenue, Palm Beach Gardens, F133410
April 7,2005
Tonight we are asking you - the City Council, to make and vote on a motion to have a six
month extension on the Kyoto Gardens Drive project. The 140 homeowners in Winchester
Courts need this time to adequately prepare and meet with all of the necessary agencies so that
when the road is constructed, it will be with the input of both sides for the best result.
As an example, we were told on March 16" at the 1PM and the 7PM meetings that the
DOT would not let us move the Military Road exit south or run the road parallel to 1-95 or
consider tunneling under 1-95 at Garden Lakes. We have called the DOT and spoken to Patrick
Glass, Project Managa - Planning and Environment. He informs us that he would consider these
items if asked by the City of Palm Beach Gardens.
with the DOT and ask for a written response to these requests. It is confusing messages like this
that cause us to ask for this time extension. Just to weigh the merits of the items with FDOT
could take a great deal of time, since some give and take will occur.
We would like you to request a meeting
In addition to asking for an extension, the following points are made.
1). We're asking you to have the City Engineer request FDOT to allow the road
to be moved 20 feet south on Military Trail. This would move the wall next to the closest
building at Winchester Courts fiom 12 feet to 32 feet. Patrick Glass at the FDOT said he would
look at it if Palm Beach Gardens requested it. This would also allow for a sidewalk on each side
of the street and room for planting trees so the residents could enjoy the lake view.
connect to the 8 foot wall on the bridge. We, the committee, have written to the eight unit
owners asking for their wall height input, as per your request. As of today, we have received
two responses and the results have been for a 2 foot berm and an 18 foot wall. We have
requested all responses be returned by 4/15/05 and we will infm you of these results ASAP.
We request river rock to be installed on this wall facing the units. If we must have a mad and a
bridge that we look at and hear up to the potential of 32,000 cars and trucks per day, at least it
should look natural and blend with the water and trees. We gave a sketch to Charles Wu. This
design will allow all Palm Beach Gardens residents to enjoy the bridge and lake as it is zoned
R.O.S.
edge using the existing trees to maintain the look we now have as a natural preserve. This will
help reduce the noise and lights from the cars and trucks each day and night.
bridge for approximately 900 feet to the preserve. This will help with the noise and lights from
Kyoto Gardens Drive and the three proposed connecting roads in that development.
affected Winchester Court buildings, with sound proof windows and sliding doors (20 units).
This would make those 20 units equal to the other homes in the area that would not be as affected
by the added noise and decrease in property value
2). We are requesting an 18 foot wall on a 2 foot berm from Military Trail to
3). We are requesting a 120 feet buffer - from the proposed mad to the water's
4). We are requesting an 8 foot wall beside the road fiom the east side of the
5). We are requesting also that you install sound proofing in the five most
6). We are requesting two fountains to be placed in the middle of the lake near
Winchester Courts which would help not only environmentally but aesthetically as well.
It would help draw attention away from the bridge and road.
7. We am requesting that our lake view remain as natural as possible, and if
enlarging the lake area is needed, that it be done to the east of our property and or to the
south.
We acknowledge that the road will be constructed. We are asking for
consideration for the time necessary to keep us current so that together we can move
forward with this project.
For most of us, the investment in our homes represents the largest single
investment we will ever make and we want to do all in our power not to have any of that
value be erodd.
We have been lead to believe that Monday April 18" is the final day for any wall
changes and that no changes to the wall will be made after that date. The next Council
meeting is not until April 21' and we feel that we can not resolve many of our issues by
that time.
We have also learned that a waiver has been requested for a 200 foot building
on this property in place of the already 50 foot approved height. We adamantly oppose
this waiver.
Thank you for considering our request for a motion and vote this evening for a
six month extension.
Winchester Courts HOA
(Road Steering Committee)
cc. Ron Farris, City Manager
Charles Wu, Growth Management Administrator
Dan Clark, C;tY Enginem
Karen Marcus, County Commissioner
Ken Pruitt, State Senator
L
I
m Y
m
A-
?
r
c._
1 E'
P
L E-' r;
5
, . . r.
Patty Snider
Page 1 of 2
From: Nutrition S'Mart [mailservice@livingnaturally.com]
Sent:
To: Eric Jablin
Subject: Nutrition S'Mart - February 2005 - Healthy Hearts
Friday, January 28,2005 2:Ol PM
Multiple store locations:,
Pembroke Pines, Tampa,
and Palm Beach
Gardens, FL 33410
Tel : (56 1) -694-0644
Nutrition S'Mart - February 2005 - Healthy Hearts
Nutrition S'Mart has an incredible line up of FREE health lectures, and cooking
classes this month. Don't forget our Community Fundraising Days. We look
forward to seeing you soon.
SMART HEALTH Q&A OF THE MONTH
QUESTION: I have high cholesterol and triglycerides. Instead of taking 2
medications to lower them, what can I do myself to lower my numbers?
ANSWER: A couple of weeks ago the USDA released the new dietary guidelines
for Americans. This finally gives us concrete advice on improving our health and
lowering our cholesterol.
Basically, most people are aware that foods high in saturated fat and partially
hydrogenated (trans) fat can raise cholesterol. Choosing most foods from
vegetables, whole grains and fruit should provide the mainstay of your diet.
Triglycerides can go up though, if there are too many refined carbohydrates or
alcohol in the diet. Avoid fast foods, limit fruits to 3 daily, and alcohol to 1-2 per
week to control triglycerides.
Further, boosting mono and polyunsaturated fats (flax, nuts, avocado, olive oil)
and soluble fiber (oats) can keep triglycerides stable and lower total cholesterol.
In regard to the other healthy fat (omega 3 fatty acids), these are found in fish
and 2 serving a week are recommended by the American Heart Assn. Good
sources are fatty fish like salmon, tuna, herring, mackerel, lake trout and
sa rdi nes.
Finally, getting 30-90 min of activity a day and maintaining a healthy weight will
help improve your blood lipids. Research has shown that diet and exercise are as
effective as low dose medications; and diet and exercise help determine how well
you lipid control will be on the medications. Good luck!
Dr. Lisa DeRosimo is the owner of the Weight and Wellness Center in West Palm
Beach. Dr. DeRosimo is Board Certified in Family Medicine as well as Bariatric
1 /28/2005
Page 1 of 1 .
- __ __ _I_ ___ - -
Patty Snider
From: Ron Ferris
Sent:
To: Patty Snider; Sheryl Stewart
Subject: FW: National Nutrition Month
Friday, January 28,2005 1:04 PM
Please handle
thanks
-----Original Message-----
From: srtinc@bellsouth.net [maiIto:srtinc@bellsouth.net]
Sent: Friday, January 28,2005 9:29 AM
To: Ron Ferris
Subject: National Nutrition Month
Ron,
March is National Nutrition Month. I think it would be appropriate for the City to acknowledge National Nutrition
Month. I have contacted Ms. Judy Cooper with the Palm Beach County Health Unit. She has agreed to give a
short presentation on nutrition at the March 17, 2005 council meeting. Ms. Cooper can be contacted at work at
561-840-0142 or at home at (561) 833-1482. Thank you for your time and consideration in regards to this matter.
David Levy
2/11/2005
Attest:
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, the Health and well-being of children is our responsibility; and
WHEREAS, the Safety of our children is a significant concern for parents,
community leaders, and health care givers; and
WHEREAS, the Environmental welfare is of universal concern and deserves the
utmost attention; and
WHEREAS, if started in childhood, proper Health, Safety, and Environmental
habits can be maintained for a lifetime, producing a valued member of society,
and enhancing our community;
NOW, THEREFORE, I, Joseph Russo, by virtue of the authority vested in me as
Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the 14th
day of May, 2005 as:
KIDS DAY AMERICA/INTERNATIONAL
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal of the City of Palm
Beach Gardens, Florida, to be affixed on this 7th
day of April in the Year of our Lord, Two
Thousand and Five.
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, although Equal Housing Opportunity is a right guaranteed to all
Americans under Title VIII of the 1968 Civil Rights Law, the struggle against
discrimination in housing continues; and
WHEREAS, each year since the enactment of the National Fair Housing Act, the
federal government designates April as the anniversary month of that law; as
Fair Housing Month; and
WHEREAS, on this 37th Anniversary, Palm Beach County is pleased to join in
that designation since it provides an opportunity for all Americans to rededicate
themselves to the principles of freedom of housing choice and to reacquaint
themselves with the rights and responsibilities that are theirs under the law; and
WHEREAS, since fair housing is consistent with the principle of equality and
justice for all -principles under which our nation was founded -we all need to
share in the fight to ensure fair housing is a reality for all residents; and
WHEREAS, the Fair Housing Center of the Greater Palm Beaches is working in
partnership with Palm Beach County to educate all county residents on their fair
housing rights and responsibilities.
NOW, THEREFORE, I, Joseph Russo, by virtue of the authority vested in me as
Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month
of April, 2005, as:
FAIR HOUSING MONTH
Attest:
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal of the Clt.y of Palm
Beach Gardens, Florida, to be affu:ed on this 'lth
day of April in the Year of our Lord, Two
Thousand and Five.