HomeMy WebLinkAboutAgenda Council Agenda 120204City of Palm Beach Gardens
Council Agenda
December 2, 2004
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Jablin Council Member Delgado
Vice Mayor Russo Council Member Levy
Council Member Valeche
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
December 2, 2004
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV. ANNOUNCEMENTS / PRESENTATIONS:
a. (Page 5) Contractual agreement for services provided by the City of Palm Beach
Gardens to the PBGYAA, the City’s youth sports program.
b. (Page 6) Orange Bowl Committee presenting the City Commission with an
“Obie” Community Spirit Award.
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 7) Approve Minutes from the November 4, 2004 regular City Council
meeting.
b. (Staff Report on Page 10, Resolution on Page 12) Resolution 152, 2004 -
Contractual agreement for the services to be provided by the City of Palm Beach
Gardens to the PBGYAA the City’s youth sports program provider. A resolution
of the City Council of the City of Palm Beach Gardens, Florida approving an
agreement for services between the City of Palm Beach Gardens and Palm Beach
Gardens Youth Athletic Association, Inc.; and providing an effective date.
c. (Staff Report on Page 20, Resolution on Page 22) Resolution 222, 2004 -
Interlocal agreement with the School Board of Palm Beach County for the Mutual
Use of Recreational Facilities. A resolution of the City Council of the City of
Palm Beach Gardens, Florida approving an interlocal agreement with the School
Board of Palm Beach County for the mutual use of recreational facilities within
the city; and providing an effective date.
d. (Page 46) Proclamation – “Obie Community Spirit Award”
IX. PUBLIC HEARINGS:
Part I – Quasi
a. (Staff Report on Page 47, Ordinance on Page 157, Resolution on Page 160)
Ordinance 44, 2004 – Parcel 5B rezoning to a Mixed-Use Planned Unit
Development (1st Reading) An ordinance of the City Council of the City of Palm
Beach Gardens, Florida relating to rezoning; rezoning a parcel of land (known as
parcel 5B) consisting of 30 acres, more or less, located at the Southwest corner of
Alternate A1A and PGA Boulevard, as more particularly described herein, from a
Research and Light Industrial Park (M1) zoning designation to a Mixed Use
Planned Unit Development (MXD PUD) overlay zoning designation with an
underlying zoning designation of Mixed Use (MXD) to be known as the “RCA
Center PUD”; and providing an effective date.
Resolution 216, 2004 is a companion item to Ordinance 44,
2004 and will require Council action only on second reading.
Resolution 216, 2004 - Parcel 5B site plan approval. A resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the master
development plan for the approximately 30-acre property, known as the “RCA
Center PUD” (“A.K.A. Parcel 5B”), located at the Southwest corner of Alternate
A1A and PGA Boulevard, as more particularly described herein, to allow the
development of 150,000 square feet of retail use, 100,000 square feet of office
use, and 50,000 square feet of industrial use; providing for waivers; providing for
conditions of approval; and providing an effective date.
X. RESOLUTIONS:
a. (Staff Report on Page 172, Resolution on Page 174) Resolution 223, 2004 -
Award a contract for electrical services related to sports lighting to Davco
Electrical Contractors Corporation for an amount not to exceed $625,000. A
resolution of the City Council of the City of Palm Beach Gardens, Florida
awarding a piggyback contract to Davco Electrical Contractors Corporation for
sports lighting repairs at seven city park facilities; and providing an effective date.
b. (Staff Report on Page 219, Resolution on Page 221) Resolution 224, 2004 -
Awarding a work authorization for Engineering and Architectural Services for the
Burns Road Community Center Renovation and Expansion project to LBFH in
the amount of $651,425. A resolution of the City Council of the City of Palm
Beach Gardens, Florida approving a work authorization for Engineering and
Architectural services with the firm of LBFH, Inc. In connection with the Burns
Road Community Center renovation and expansion project; authorizing the City
Manager to execute said authorization; and providing an effective date.
c. (Staff Report on Page 240, Resolution on Page 243) Resolution 231, 2004 -
Establishing a protocol for representing the City before other government
agencies and boards. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida, establishing a protocol for representing the city before other
government agencies and boards; and providing an effective date.
XI. ORDINANCES: (For Consideration on First Reading)
a. (Staff Report on Page 246, Ordinance on Page 310) Ordinance 45, 2004 -
Amendment to map “O” of the Comprehensive Plan of the City of Palm Beach
Gardens, entitled “Conceptual Thoroughfare Plan,” to delete the portion of
Victoria Falls Boulevard (segment #12). An ordinance of the City Council of the
City of Palm Beach Gardens, Florida amending Map “O” of the Transportation
Element of the Comprehensive Plan of the City of Palm Beach Gardens. Entitled
“Conceptual Thoroughfare Plan.” To delete the portion of Victoria Falls
Boulevard (Segment #12) extending from Military Trail to Alternate A1A; and
providing an effective Date.
b. (Staff Report on Page 313, Ordinance on Page 315) Ordinance 47, 2004 -
Amending chapter 26, Code of Ordinances, entitled “Elections” to provide an
alternative method of qualifying for election. An ordinance of the City Council of
the City of Palm Beach Gardens, Florida relating to elections; amending chapter
26, Code of Ordinances, entitled “Elections” to provide an alternative method of
qualifying for election; providing for codification; and providing an effective
date.
c. (Staff Report on Page 320, Ordinance on Page 324) Ordinance 48, 2004 -
Adopting a new Economic Development Element. An ordinance of the City
Council of the City of Palm Beach Gardens, Florida adopting a new Economic
Development Element of the City of Palm Beach Gardens Comprehensive Plan;
and providing an effective date.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with
disabilities needing special accommodations to participate in this proceeding should contact the City
Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120
for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771
(TDD) or (800) 955-8770 (VOICE), for assistance. If a person decides to appeal any decision made by
the Council, with respect to any matter considered at such meeting or hearing, they will need a record
of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor Jablin DATE: November 17,2004
Vice Mayor Russo
Council Member Delgado
Council Member Levy
Council Member Valeche
FROM: Justin Lucas, Recreation Superintendent
SUBJECT: PBGYAA, Inc. Agreement
The Palm Beach Gardens Youth Athletic Association, Inc (PBGYAA) agreement
outlines the duties and responsibilities of each party in conjunction with providing
services for youth baseball, girls sofiball, roller hockey, tackle football, girls basketball
and lacrosse. The PBGYAA is a volunteer based organization that works in coordination
with City staff to provide recreational sports programs for Palm Beach Gardens’ youth.
This item will be adopted under the consent agenda Resolution 152,2004.
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor/Counc il DATE: November 17,2004
FROM: Patricia Snider, City Clerk 6
Amy Luetkemeyer, Public Relations Director Od
SUBJECT: Obie Community Spirit Award I
In recognition of the significant community spirit, the Orange Bowl Committee has
selected the City of Palm Beach Gardens to receive the Obie Community Spirit Award.
In addition to presenting the City with an award, there will be a proclamation declaring
the date as “Orange Bowl Appreciation Day”. As an added excitement, they plan to
bring Obie, the Committee’s mascot to hand out commemorative patches and other spirit
items.
If you have any questions, please call me at 799-4122 or Amy at 799-4128.
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
November 4, 2004
The November 4, 2004 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:07 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, and opened
with the pledge of allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Vice Mayor Russo, and Councilmember Levy.
Councilmember Delgado was absent due to a family emergency.
ADDITIONS, DELETIONS AND MODIFICATIONS
Mayor Jablin reported additions under Section 7, City Manager Report, of Police
Department Third Quarter Report and Citywide Economic Development Initiative; under
Section 8, Items for Council Action and Discussion, the Memorandum of Understanding
from Palm Beach County; and deletion under Section 8, Items for Council Action and
Discussion, Discussion regarding Councilmember Communication and how each member
represents him or herself as an individual on behalf of Council or a voting member of
another board, with that item to be postponed until the November 18, 2004 meeting.
Councilmember Levy moved approval of the additions, deletions, and modifications as
announced by Mayor Jablin. Vice Mayor Russo seconded the motion, which carried by
unanimous 3-0 vote.
ITEMS OF RESIDENT INTEREST:
Councilmember Levy announced a Duncan Middle School a band concert and assembly on
Wednesday November 10; Veterans Day Concert at 5 p.m. on Thursday, November 11, and
November 5 the Chamber of Commerce wine tasting event which was a part of the Arti Gras
promotion, and encouraged everyone to attend these events. Mayor Jablin reported the City
Manager had a wonderful idea to put magnetic ribbons supporting the troops on all City
vehicles and to give them out at the November 11 concert.
CITY MANAGER REPORT:
Police Department Third Quarter Report – Chief Stephen Stepp reported calls for service
were significantly reduced, crime was down, there had been one homicide which had been
solved, and burglaries were up slightly. Arrests were at record numbers. A grant audit had
yielded a successful response. Chief Stepp discussed programs which were funded by grants.
Ernie Volante was recognized as a member of Citizens on Patrol. Mayor Jablin also
acknowledged Marilyn Jacobs, who was recently appointed to the North Palm Beach
Improvement District Board.
Citywide Economic Development Initiative - City Manager Ferris introduced Natalie Wong,
who provided a status report of the citywide initiative on economic development. Vacant
parcels within the city had been identified, and an analysis had been prepared which
indicated the most suitable parcels for the initiative. Staff recommended approval of a city-
initiated land use change for research and development uses for the Brigger property, a city-
initiated zoning change, and authorization from the City Council for staff to notify the
property owner of these proposed changes. During Council discussion, Ms. Wong clarified
that the intended land use change was to be mixed use to be poised to accommodate biotech
users. The City Manager commented this was being done to diversify the tax base to be less
dependent on residential property owners, whether or not Scripps might possibly locate on
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/04/04 2
this parcel. Vice Mayor Russo made a motion to adopt staff’s recommendation.
Councilmember Levy seconded the motion, which carried by unanimous 3-0 vote.
Councilmember Levy suggested redevelopment of parcels along Burns Road. Consensus was
for staff to include those properties in their analysis. Discussion was held regarding
transportation for volunteer fire personnel. The City Manager indicated it was not necessary
to purchase a new vehicle at this time. City Manager Ferris recognized Patty Snider, City
Clerk, who had been voted in as Vice President of the Palm Beach County Municipal Clerks’
Association.
COMMENTS FROM THE PUBLIC:
Pat Hughey, Reed Drive, asked if the Big Heart Brigade would be held this year. Fire Chief
Bergel responded it would begin November 23, 2004 at Station 3, and the goal this year was
15,000 meals.
Marilyn Jacobs, Bermuda Lakes Drive, requested support for the Northern Palm Beach
County Improvement District changes to their election process. Vice Mayor Russo requested
a resolution in support of this process
Bob Denny, Tamberlane Condominium Association representative, requested copies of the
photos of the tornado damage during Hurricane Jeanne, and help with flooding in that area
including the swale program. City Manager Ferris indicated the City Engineer would look at
the situation.
CONSENT AGENDA:
Vice Mayor Russo moved approval of the consent agenda. Councilmember Levy seconded
the motion, which carried by unanimous 3-0 vote. The following items were approved on
consent agenda:
a. Resolution 206, 2004 - The Ophthalmology Research Foundation Plat. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the Ophthalmology Research Foundation Plat; and providing an
effective date.
b. Proclamation – GIS Day
c. Proclamation – National Epilepsy Awareness Month
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Discussion of Memorandum of Understanding with Palm Beach County – The City Manager
read from an e-mail from Commissioner Karen Marcus, who indicated she had been
authorized by the County Commission to proceed with work regarding alternate sites for
Scripps of Parcel 19 and the Brigger Tract, and requested direction on how to proceed.
Discussion ensued. Vice Mayor Russo made a motion directing the City Manager to work
with the MOU and the County, and come back to the council with the information.
Councilmember Levy seconded the motion, which carried by unanimous 3-0 vote.
Tree Planting Program – Councilmember Levy requested staff look into reinstating the Tree
Planting Program to replace some of the trees lost during the recent hurricanes. The City
Manager suggested an alternative program where residents would be responsible for
maintenance for trees planted on their property, since the former tree planting program had
been to plant in the swales, which needed to be kept clear. Consensus was for staff to move
forward and try to coordinate this into next year’s budget.
Building Code for Screen Enclosures – Councilmember Levy reported residents in the Hunt
Club had screen enclosures destroyed during the hurricanes that had been rated to withstand
140 mph winds, and suggested changing the code requirements so this more costly screening
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/04/04 3
would not be required if it would not withstand the wind. The City Manager advised that was
the state building code, and staff would look into this matter and provide information.
CITY ATTORNEY REPORT:
City Attorney Christine Tatum reported that a negligence case involving a trip and fall with
the City of North Palm Beach had been resolved with the City being dismissed from that
litigation, and a notice had been received that the challenge to the approval of the Landmark
building had been dismissed by the petitioner.
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at 8:05 p.m.
APPROVAL: ____________________________________
MAYOR JABLIN
____________________________________
VICE MAYOR RUSSO
____________________________________
COUNCILMEMBER DELGADO
____________________________________
COUNCILMEMBER LEVY
ATTEST:
____________________________________
PATRICIA SNIDER
CITY CLERK
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 1,2004
Meeting Date: December 2,2004
Resolution: 152,2004
Su bject/Agenda Item: Authorize the execution of an updated agreement between the City
of Palm Beach Gardens and the Palm Beach Gardens Youth Athletic Association, Inc.,
related to providing youth sports programs for residents of Palm Beach Gardens.
[XI Recommendation to APPROVE r 1 Recommendation to DENY
Reviewed by:
City Attorney, d'
Finance Director
N/A
Submitted by:
City Manader
Originating Dept.:
Community Services
Superintenden
Justin Lucas,
Recreation
Advertised: NIA
Date:
Paper:
[ x] Not Required
Affected parties
[ ] Notified
[ x ] Not required
Costs: %&-
$dAa Cu entFY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ] Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 152, 2004
Exhibit A: Youth
Sports Agreement
between the City of
Palm Beach Gardens
and Palm Beach
Gardens Youth
Athletic Association,
Inc.
[ ]None
Date Prepared: November 1,2004
Meeting Date: December 2, 2004
Resolution 152, 2004
BACKGROUND: The City currently works with the Palm Beach Gardens Youth Athletic
Association (PBGYAA), Inc. in providing youth sports programs to residents. The
PBGYAA, is a volunteer based organization that offers the following activities: baseball,
girls softball, girls basketball, roller hockey, tackle football and youth lacrosse.
The City works with the volunteer board members of the PBGYAA in providing background
screenings for volunteers, coaches certification training, issuing permits for sports facilities
and maintenance of the sports facilities. The PBGYAA works in conjunction with the
Recreation Division to offer multiple and diverse youth sports programs for the residents.
Particular attention is paid to limit the number of overlapping activities offered. Most
recently youth lacrosse and tackle football were transitioned from City-operated programs
to the PBGYAA.
This agreement outlines the responsibilities of the City and those of the PBGYAA in the
programming of these activities. The previous agreement has lapsed and this document
addresses the parties’ responsibilities for the upcoming two years.
STAFF RECOMMENDATION: Approve Resolution 152,2004 authorizing the execution of
an agreement between the City of Palm Beach Gardens and the Palm Beach Gardens
Youth Athletic Association, Inc.
~~
Date Prepared: November 1,2004
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RESOLUTION 152,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT FOR
SERVICES BETWEEN THE CITY OF PALM BEACH GARDENS AND
PALM BEACH GARDENS YOUTH ATHLETIC ASSOCIATION, INC.;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best interest of the
City of Palm Beach Gardens to enter into an agreement with the Palm Beach Gardens
Youth Athletic Association, Inc. (PBGYAA) to provide youth sports programs; and
WHEREAS, the City owns and/or operates and maintains certain athletic fields
and buildings within the City intended for recreational purposes; and
WHEREAS, the City Council desires to enter into a written agreement, attached
hereto, to allow PBGYAA to use these athletic fields and buildings for recreational
purposes as set forth herein; and
WHEREAS, PBGYAA wishes to conduct various administrative functions along
with practices, leagues, and tournaments; 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.
SECTlON2. The City Council hereby accepts and approves the Agreement
between the City of Palm Beach Gardens and Palm Beach Gardens Youth Athletic
Association, Inc., and hereby authorizes the Mayor and City Clerk to execute the
Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: November 1,2004
Resolution 152,2004
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PASSED AND ADOPTED this day of , 2004.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR JABLIN ---
VICE MAYOR RUSSO ---
COUNCILMEMBER DELGADO ---
COUNCILMEMBER LEVY ---
COUNCILMEMBERVALECHE ---
G:\attorney-share\RESOLUTlONS\pbgyaa agreement - reso 152 2004.doc
2
Date Prepared: November 1,2004
Meeting Date: December 2,2004
Resolution 152,2004
EXHIBIT “A”
Youth Sports Agreement between the
City of Palm Beach Gardens
and
the Palm Beach Gardens Youth Athletic Association, Inc.
CITY OF PALM BEACH GARDENS YOUTH SPORTS AGREEMENT
This Agreement made and entered into this day of , 2004,
between the Palm Beach Gardens Youth Athletic Association, Inc., (PBGYAA), a not-
for-profit corporation of the State of Florida, and the City of Palm Beach Gardens, a
municipal corporation existing under the laws of the State of Florida (“City”), for the use
of certain recreational facilities, as more particularly described herein (the “facilities”).
1.
1.
2.
3.
II.
1.
2.
3.
TERMS OF AGREEMENT
Either party may terminate this Agreement with or without cause upon thirty (30)
days’ written notice to the other party.
This Agreement shall be effective for two (2) years from date of the execution by
the last party. This Agreement may be reviewed or renegotiated; however, any
such modification shall not be binding upon either party unless in writing and
accepted by both parties. This Agreement may not be orally modified.
If the PBGYAA engages in any illegal activity, this Agreement may be
immediately terminated.
OBLIGATIONS OF PBGYAA, INC.
The PBGYAA shall comply with all statutes, ordinances, rules, orders,
regulations, and requirements of the Federal, State, County, and City
governments and any of their Departments, Agencies, or Bureaus applicable to
the use of such recreational facilities, for the safety of the public and the
correction, prevention, and abatement of nuisances of other grievances in
connection with the use of the facilities hereunder.
The PBGYAA shall provide at its own cost and expense a comprehensive liability
insurance policy insuring the City against claims for bodily injury, death, and
property damage, in the minimum amount of $1,000,000 per person and
$1,000,000 for each occurrence. The City of Palm Beach Gardens, Florida shall
be named as an additional insured under the terms of this policy and shall be
provided with a standard form of certificate of insurance at least seven (7) days
before the implementation of this Agreement, which shall contain a requirement
for thirty (30) calendar days’ prior notification of cancellation to the City in the
event thereof.
The PBGYAA shall provide to the City of Palm Beach Gardens a copy of its
current Constitution and/or charter, by-laws, and certificate of non-profit status.
Changes to these documents should be immediately sent to the appropriate
Recreation Superintendent as designated by the City.
Page 2 of 5
4.
5.
6.
7.
8.
9.
IO.
11.
12.
13.
14.
15.
The PBGYAA shall provide to the City of Palm Beach Gardens a list consisting of
Name, Title, Primary Phone Number, Secondary Phone Number, and E-mail
Address(es) of all officers and board members of the PBGYAA and each sports
division.
The PBGYAA agrees that it shall not discriminate against any person on the
basis of race, color, religion, gender, or disability.
The PBGYAA agrees to provide the Recreation Director with semi-annual
financial reports by sport division.
No structural or physical changes may be made to the City’s facilities except with
written approval of the Community Services Administrator.
The PBGYAA shall make provisions for adequate local emergency response (fire
rescue and police) for the duration of each activity that involves participants from
outside of the PBGYAA.
The PBGYAA shall require all board members of the PBGYAA and its sports
divisions comply with the National Alliance for Youth Sport (NAYS) certification
program or an alternative program approved by the Recreation Director.
The PBGYAA shall require all volunteers who come in contact with children to be
certified by the National Youth Sports Coaches Association (NYSCA). Costs for
this program are to be incurred by each individual coach.
The PBGYAA shall require all coaches and program volunteers to complete an
annual criminal background check. The City will incur the cost of these checks.
The PBGYAA shall adopt and enforce the Participant, Spectator, and Coaches
Code of Conduct with a review and appeal process applicable to all officers,
coaches, participants, and event spectators.
For any sport which selects “all-star” or “travel” teams, the roster must be a
percentage reflective of the overall sport participation listed on the roster.
The PBGYAA shall make sure that each sports division’s board of directors
consists of a majority of Palm Beach Gardens’ residents.
The PBGYAA shall provide to the designated Recreation Superintendent prior to
the first date of games, a residential address list with city, zip code, and legal
guardian name of all participants in the program.
2
16.
17.
18.
19.
20.
21.
22.
111.
1.
2.
3.
The PBGYAA shall provide to the Recreation Superintendent a calendar of
activities for each sports division no later than thirty (30) days prior to opening
registration date. Calendar shall include: a) beginning and ending registration
dates; b) beginning practice dates; c) beginning game dates; d) scheduled end of
season; and e) requested tournament dates. Each non-resident participant must
annually purchase a Non-Resident Sports Card prior to being allowed to
participate in any PBGYAA program.
The PBGYAA shall provide compensation for expenses involved in repair or
service of equipment that is damaged or becomes inoperable during use. Non-
structural items owned by the City will be repaired and billed to the PBGYAA.
Once the life of the equipment is exhausted, it will become the responsibility of
the PBGYAA to replace. Structural items will be repaired and replaced at the
discretion of the City.
The PBGYAA shall compensate the City for any staff hours that exceed the
allotment approved in the Parks Division fiscal year budget.
The PBGYAA shall provide to the Recreation Superintendent all requests for
travel team use of sports facilities in the set boundaries of recreational league
seasons.
The PBGYAA shall refrain from utilizing anything other than City-issued locks on
facilities unless authorized by the Community Services Administrator.
The PBGYAA shall complete by the established deadline a Special Event Permit
for all special events and invitational tournaments. Permits are to be coordinated
with the Recreation Division.
No sublet of City-issued facility permits is allowed. All outside organizations
requesting a permit should be coordinated through the Recreation Division.
OBLIGATIONS OF THE CITY
The City shall provide daily maintenance of the facilities and supply adequate
utilities for regular season practices, games, and permitted tournaments.
The City shall provide to the PBGYAA a list of facility renovation dates and
closings. This should be provided to the PBGYAA on an annual basis at the
October meeting.
The City shall provide facility condition updates by 4:OO p.m. each weekday and
8:OO a.m. each weekend day. If a facility shall be closed because of inclement
weather, the gates will be locked and a sign posted. The sports division
president will be contacted.
Page 4 of 5
Girls Softball
Girls Softball
4.
5.
6.
7.
8.
9.
IV.
Lake Catherine January to May
Lake Catherine June to Julv
The City reserves the right to cancel, reschedule, or change location for any
sports activity held at any of the facilities. The City may attempt to provide an
alternate location if facilities are available, but is under no obligation to provide
such replacement facilities.
Girls
The City shall support promotion of the PBGYAA activities through the
Recreation Brochure and flyer distribution.
Park June
Burns Road CC Gym September to
The City shall assist with the special event permit process.
Basketball
Girls
The City, through the Parks Director and /or Recreation Superintendent, may
issue keys to a City recreation facility to an authorized representative of all
privileges and changing of the locks at the PBGYAA expense.
October
October to Burns Road CC Gym/
The City shall provide a contact at all monthly board meetings of the PBGYAA
Executive Board.
Basketball
Girls
Basketball
Roller Hockey
The City shall provide assistance with American with Disabilities Act issues.
Watkins MS/Duncan MS February
March to July
Plant Drive Rinks September to
December
SPORTS CALENDAR
~~ Roller Hockey
Baseball
sports
Activitv
Plant Drive Rinks
Gardens Park September to
February to May
Facility
Base bal I
Baseball
I Time Period
Gardens Park January to May
Gardens Park Mav to Julv
Foot bal I
Lacrosse
Girls Softball I Lake Catherine/ Gardens I Last week of
Mirasol Park November
PGA National Park, Klock January to May
I I November
Tackle I PGA National Park and I August to
I Complex and Mirasol Park I
Recreation
Travel
Swamp Classic I
Recreation1
Travel I
Spring League
All Star Season
Recreation I
Recreation
4
Page 5 of 5
V. ADDITIONAL PROVISIONS
1. Fundraising on City facility sites may be done with written permission of the
Recreation Director.
2. Requests for fundraising must be done at a minimum of five (5) business days in
advance of the fundraising date.
3. The City grants the PBGYAA permission to operate concessions and to sell non-
alcoholic beverages during sporting events referenced in Section IV of this
Agreement.
4. The PBGYAA must adhere to all statutes, ordinances, rules, orders, regulations,
and requirements of the Federal, State, County, and City governments, and any
of their departments and bureaus applicable to the operation of the sale of non-
alcoholic beverages and food.
5. All beverages sold must be products exclusively of Pepsi-Cola and purchased
through a Pepsi-Cola distributor until such time the City enters into an agreement
with another distributor.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the
day and year first above written.
CITY OF PALM BEACH GARDENS,
FLORIDA ATHLETIC ASSOCIATION, INC.
PALMBEACHGARDENSYOUTH
By: By:
Eric Jablin, Mayor President
ATTEST: ATTEST:
Patricia Snider, City Clerk Secretary
APPROVED AS TO FORM AND
Christine P. Tatum, City Attorney
GAattorney-share\AGREEMENTS\PBGYAA Agreement revised November 2 2004.doc
5
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 16,2004
Meeting Date: December 2,2004
Resolution: 222,2004
SubjecUAgenda Item:
Approve an interlocal agreement with the School District of Palm Beach County for mutual
use of recreation facilities within the City of Palm Beach Gardens.
[XI Recommendation to APPROVE
11 Recommendation to DENY
Reviewed by:
City Attorney ;u:
Financ A in trator
Submitted by: w Department
Administrator
city danaskr
Originating Dept.:
Community Services -
Recreation Division
cc Charlotte Presensky
Parks Director
Advertised: NIA
Date:
Paper:
[ x ] Not Required
Affected parties
-
[ x] Not required
costs: $N/A
(Total)
$N/A
Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#: NIA
Council Action:
[ ]Approved
[ ] Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 222,2004
0 Exhibit A: lnterlocal
Agreement
[ ]None
Date Prepared: November 16,2004
Meeting Date: December 2,2004
Resolution: 222,2004
BACKGROUND:
Since 1998, the City has had a formal agreement with the School District of Palm
Beach County for joint use of recreational type facilities by either the City or the local
schools. Through this agreement, local schools within the City have utilized City park
amenities such as ball fields, soccer fields, access to the municipal pool and indoor
meeting and gym space. In return, the City has also utilized facilities on school board
property.
The purpose of this agreement is to provide the avenue for authorizing the use of the
Board’s recreational facilities by both the City as well as the City’s affiliated recreational
groups and organizations that have been approved by the parties. This is a master
agreement that provides access to the following schools:
1. Allamanda Elementary School
2. Dwight D. Eisenhower Elementary School
3. Palm Beach Gardens Elementary School
4. Timber Trace Elementary School
5. Howell L. Watkins Middle School
6. Watson B. Duncan Middle School
7. Palm Beach Gardens High School
8. William T. Dwyer High School
It also provides access for the School District to use all City recreational amenities except
the Golf Course and Tennis Center.
The proposed agreement provides for the School Board to make available adequate
facilities to the City for operation of the 2005 summer camp. Due to the expansion of
Burns Road Community Center, it is necessary to provide unrestricted access to the
contractor for the success of the project. With the facilities identified at Palm Beach
Gardens High School (PBGHS), we will continue to serve the public with our traditional
camp program. In exchange for usage of facilities at the PBGHS, the City agrees to
maintain the high school’s football and softball fields for a period of one year beginning
March 1,2005. Funding to maintain the fields would be offset by increasing summer camp
registration fees.
STAFF RECOMMENDATION: Approve Resolution 222,2004 authorizing the execution of
an agreement with the School District of Palm Beach County for mutual use of recreation
facilities within the City of Palm Beach Gardens.
Date Prepared: November 15,2004
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RESOLUTION 222,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL
AGREEMENT WITH THE SCHOOL BOARD OF PALM BEACH
COUNTY FOR THE MUTUAL USE OF RECREATIONAL FACILITIES
WITHIN THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Palm Beach County School District ("School District") is the
controlling body of the public schools of Palm Beach County, Florida, and owns and
operates school facilities ("school facilities") within the City of Palm Beach Gardens
("City"); and
WHEREAS, the City owns, operates, and maintains various parks and recreation
areas within the City of Palm Beach Gardens ("Parks Facilities"); and
WHEREAS, the School District and the City recognize the need, on occasion, for
both parties to utilize the facilities of the other, thereby minimizing the duplication of
facilities; and
WHEREAS, the City is desirous that the integrity of its Comprehensive Land Use
Plan is maintained and that the residents have reasonable use of certain parts of the
school facilities when not in use for educational or program purposes established by the
School District; and
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969," 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, Part 1 of Chapter 163, Florida Statutes, permits public agencies, as
defined therein, to enter into interlocal agreements with each other to jointly exercise
any power, privilege, or authority which such agencies share in common and which
each might exercise separately; and
WHEREAS, the City and School Board recognize the benefits to be derived by
utilizing each other's facilities thereby minimizing the duplication of facilities; 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.
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Date Prepared: November 15,2004
Resolution 222,2004
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 interlocal agreement with the
School Board of Palm Beach County for the Mutual Use of Recreation Facilities, and
authorizes the Mayor and City Clerk to execute said agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of ,2004.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR JABLl N ---
VICE MAYOR RUSSO ---
COUNCILMEMBERDELGADO ---
COUNCILMEMBERLEVY ---
COUNCILMEMBERVALECHE ---
G:\attorney-share\RESOLUTlONShutual use of rec facilities - reso 222 2004.doc
2
Date Prepared: November 16,2004
Meeting Date: December 2,2004
Resolution: 222,2004
EXHIBIT A
I NTERLOCAL AGREEMENT
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF PALM BEACH GARDENS
AND THE SCHOOL BOARD OF PALM BEACH COUNTY
FOR THE MUTUAL USE OF RECREATIONAL FACILITIES
This Interlocal Agreement is made this day of I20-, by
and between the City of Palm Beach Gardens, a municipal corporation of the State of
Florida, (hereinafter referred to as “City”) and the School Board of Palm Beach County,
Florida, (hereinafter referred to as ”Board”), a corporate body politic, each one
constituting a public agency as defined in Part I of Chapter 163, Florida Statutes.
WITNESSETH:
WHEREAS, Section 163.01 Florida Statutes, known as the “Florida Interlocal
Cooperation Act of 1969” 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, Part 1 of Chapter 163, Florida Statutes, permits public agencies, as
defined therein, to enter into interlocal agreements with each other to jointly exercise
any power, privilege, or authority which such agencies share in common and which
each might exercise separately; and
WHEREAS, the City and Board recognize the benefits to be derived by utilizing
each other’s facilities thereby minimizing the duplication of facilities; and
WHEREAS, the City and the School Board acting on behalf of the School Board
desire the ability to use the facilities of the other on terms and conditions more
particularly provided for herein.
NOW, THEREFORE, in consideration of the mutual promises, representations,
terms and covenants contained herein, the parties agree as follows:
Page 1 of 21
1. Recitals.
The above recitals are true and correct and are incorporated herein by reference.
2. Purpose.
The purpose of this Agreement is to enable the Board and the City to utilize each
other‘s recreational facilities and provide a procedure for authorizing the use of the
Board’s recreational facilities by both the City and the City’s affiliated recreational
groups and organizations that have been approved by the parties.
3. Definitions.
A. “Board Facilities” and “Board Facility” mean facilities owned or operated
by the Board that are made available for public use by the School Board and are used
primarily for recreational activities, excluding facilities that are leased, licensed or under
the contractual control of others, or facilities that are under construction or renovation
for which the use cannot be made available. The terms “Board Facilities and “Board
Facility” shall include, but not be limited to, classrooms; auditoriums; gymnasiums;
playgrounds; swimming pools; tennis, racquetball and basketball courts; athletic fields;
and tracks.
B. ‘City Facilities and “City Facility” means facilities owned or operated by the
City that are made available for public use by the City and are used primarily for
recreational activities, excluding facilities that are leased, licensed or under the
contractual control of others, or facilities that are under construction or renovation for
which the use cannot be made available. The terms “City Facilities” and “City Facility”
shall include, parks; gymnasiums; pavilions; recreational centers; playgrounds;
swimming pools; tennis, racquetball and basketball courts; and athletic fields. Excluded
specifically from this Agreement is any Golf Course or Tennis Center owned or
managed by the City or its consultants. Notwithstanding the foregoing, nothing herein
shall prevent the City Manager or his or her designee from allowing the School Board
the right to use such facilities, subject to terms and conditions established by the
parties.
C.
Gardens, Florida.
“City Manager” means the City Manager of the City of Palm Beach
Page 2 of 21
D. “Facilities” means the Board Facilities and the City Facilities.
E. “Priority of Use” means the priority of uses when there are conflicting
requests for the use of a Facility. For Board Facilities, the Priority of Use shall be as
follows:
1. Board or School Board activities and programs or Board Facility
lease agreements; and
2. Palm Beach County activities and programs pursuant to the
Interlocal Agreement entered into by the School Board and Board with Palm Beach
County dated October 15, 2003;
3. City and City Affiliated Recreational Groups and Organizations
activities and programs pursuant to this Interlocal Agreement.
For City Facilities, the Priority of Use shall be as follows:
1. City or City Affiliated Recreational Groups and Organizations activities
and programs or City facility rental agreements or other pre-existing interlocal
agreements, including those currently in effect with the School Board or other
preexisting agreements with independent consultants for use and management of City
Facilities; and
2. Board or School Board activities and programs pursuant to this
Agreement.
F. “City Affiliated Recreational Groups and Organizations” mean an
organized recreation group or organization identified in the attached Exhibit “A”, which
may be amended or supplemented from time to time upon mutual agreement of the
School District’s Chief Operating Officer or designee and the City Manager or his or her
designee, without formal amendment hereto.
G. “District or School Board Activities and Programs” refers to those things
listed on Exhibit “A” which may be amended as provided in Section F. above.
4. Use of Facilities bv the Parties.
A. The School Board agrees to make the Board Facilities available for use by
the City according to the Priority of Use at no cost or expense to the City, except as
Page 3 of 21
otherwise provided for in this Agreement. The City’s use of the Board Facilities shall be
subject to and in accordance with: (i) the terms and conditions of this Agreement; (ii) the
Board’s rules, regulations and policies governing the use of the Board’s Facilities; (iii)
any grant or bond obligations pertaining to the use of any of the Board Facilities; and
(iv) all applicable local, state and federal laws, rules, regulations, codes, ordinances,
directives and guidelines.
B. The City agrees to make available the City Facilities for use by the Board
according to the Priority of Use at no cost or expense to the Board, except as otherwise
provided for in this Agreement. The following public Schools are eligible to request use
of City Facilities and the City is eligible to request use of the named public Board
Allamanda Elementary School
Dwight D. Eisenhower Elementary School
Palm Beach Gardens Elementary School
Timber Trace Elementary School
Howell L. Watkins Middle School
Watson B. Duncan Middle School
Palm Beach Gardens High School
William T. Dwyer High School
Regardless of the foregoing, the parties hereto agree that as the Board builds new
schools within the jurisdictional boundaries of the City, those new schools shall be
automatically added to this Agreement and this Agreement shall govern the uses
therein between the parties. The Board’s use of the City Facilities shall be subject to
and in accordance with: (i) the terms and conditions of this Agreement; (ii) the City’s
rules, regulations and policies governing the use of the City’s Facilities; (iii) any grant or
bond obligations pertaining to the use of any of the City’s Facilities; (iv) all applicable
Page 4 of 21
local, state, and federal laws, rules, regulations, codes, ordinances, directives and
guidelines.
C. The City shall submit all requests for use of the Board Facilities in writing
on the form attached hereto as Exhibit “B” and by this reference incorporated herein, to
the Principal responsible for the management of the Board Facility or his or her
designee no less than thirty (30) days prior to the date that the City desires to use the
Board Facility. The Board shall be responsible for ensuring that a written response to
the request is provided to the City within fifteen (15) days of the date of the request. In
the event that a request is denied, the reason for denial shall be stated in the written
response. If the Board Facilities to be used by the City include a football stadium, the
Board shall provide the City with an estimate of the stadium Tax required to be remitted
to the Board pursuant to School Board Policy 6.21, which is attached hereto and by this
reference incorporated herein as Exhibit “C”. The amount of the Stadium Tax shall be
based on the per ticket charge in effect at the time of the use of the Board Facility and
shall be subject to adjustment based on actual documented costs and number of tickets
sold for Stadium Tax purposes.
D. The Board shall submit all requests for use of the City Facilities in writing
on the form attached hereto as Exhibit “B” to the City Manager or his or her designee,
no less than thirty (30) days prior to the date that the Board or Board desires to use the
City Facilities. The City shall be responsible for ensuring that a written response to the
request is provided to the Board within fifteen (15) days of the date of the request. In
the event a request is denied, the reason for denial shall be stated in the written
response.
E. The Board and City acknowledge the waiver of sovereign immunity for
liability in tort contained in Florida Statutes Section 768.28, the State of Florida’s partial
waiver of sovereign immunity, and acknowledge that such statute permits actions at law
to recover damages in tort for money damages up to the limits set forth in such statute
for death, personal injury or damage to property caused by the negligent or wrongful
acts or omissions of an employee acting within the scope of the employee’s office or
employment. The Board and City agree to be responsible for all such claims and
Page 5 of 21
damages, to the extent and limits provided in Florida Statutes Section 768.28, arising
from the actions of their respective employees. The parties acknowledge that the
foregoing shall not constitute an agreement by either party to indemnify the other, nor a
waiver of sovereign immunity, nor a waiver of any defense the parties may have under
such statute, nor as consent to be sued by third parties.
F. Without waiving the right to sovereign immunity, the parties acknowledge
that they are self-insured for commercial general liability and automobile liability in the
amounts specified in Florida Statutes Section 768.28, as may be amended from time to
time. In the event either party maintains third-party commercial general liability or
business automobile liability insurance in lieu of exclusive reliance on self-insurance,
the party maintaining the third party insurance shall maintain limits of not less than Five
Hundred Thousand Dollars ($500,000.00) combined single limits for bodily injury or
property damage and shall add the other party as an additional insured to the
commercial general liability policy, but only with respect to negligence arising out of this
Agreement that is not a result of the other party’s negligence. The additional insured
endorsement for the City shall read “The City of Palm Beach Gardens, Florida, its City
Council, its officers, employees and agents”. The additional insured endorsement for
the Board shall read “The School Board of Palm Beach County, Florida, its officers,
employees and agents”. The parties hereto agree the additional insured endorsement
shall provide coverage on a primary basis. Claims-bill tailored coverage shall not be
considered third party liability coverage for purposes of this Agreement. The parties to
this Agreement agree to maintain or to be self-insured for worker’s compensation and
employer’s liability insurance in accordance with Chapter 440, Florida Statutes, as may
be amended from time to time. Each party agrees to provide the other party with an
affidavit or certificate of insurance evidencing insurance, self-insurance and/or
sovereign immunity status, which the parties agree to recognize as acceptable for the
above-referenced coverages. Compliance with the requirements of this paragraph shall
not relieve the parties of their liability and obligations under this Agreement.
G. Each party agrees to provide adequate supervision of its own activities to
prevent bodily harm to the users and damage to the Facilities, taking into consideration
the types of activities planned, when using the other’s Facilities. When aquatic facilities
Page 6 of 21
will be included in the Facilities to be utilized, the party using the Facility shall provide
supervisors certified in Lifeguard Training in addition to any other supervision required
hereunder.
‘H. In the event the Facilities are damaged, the party using the Facilities of the
other party shall promptly notify the other party in writing of the damage and shall
reimburse the other party for the actual costs to repair the damage. Reimbursement
shall be made within sixty (60) days of a written request for reimbursement of costs.
I. The Facilities shall be surrendered by the party using the Facilities of the
other party in the same condition as they were accepted and shall cause to be removed
from the Facilities all waste, garbage and rubbish resulting from such party’s use of the
Facilities.
J. In the event the Board Facility being used is a football stadium, the City
shall remit the required Stadium Tax to the Board in accordance with the requirements
of this Agreement within sixty (60) days of the date of use.
K. The Board acknowledges and agrees that the City may charge a fee for:
1. Use of the City’s pool facilities, including the water park, for
summer and after-school programs; and
2. Use of the City’s pavilions on holidays and weekends.
L. The City acknowledges and agrees that the Board may charge a fee for:
1. Utilities for use of indoor facilities during times when the Board’s
facility is used outside of the Board’s regular operating hours, including holidays and
weekends; and
5. Use of Board Facilities bv City’s Affiliated Recreational Groups and organizations.
A. The Board agrees to make the Board Facilities available for use by the
City’s Affiliated Recreational Groups and Organizations at no cost or expense to the
City according to the Priority of Use, except as otherwise provided for in this Agreement.
Use of the Board Facilities by the City’s Affiliated Recreational Groups and
Organizations shall depend on availability and shall be subject to and in accordance
with: (i) the terms and conditions of this Agreement; (ii) the Board’s rules, regulations
Page 7 of 21
and policies governing the use of Board Facilities; (iii) any bond or grant obligations
pertaining to the use of the Board Facilities; and (iv) all applicable local, state and
federal laws, rules, regulations, ordinances, directories and guidelines.
B. Prior to being granted access to any of the Board Facilities, each City
Affiliated Recreational Groups and Organizations shall be required to obtain a Facility
Use Permit from the City. The Facility Use Permit shall, at a minimum, require the
City’s Affiliated Recreational Groups and Organizations to:
1. provide proof of insurance for such coverages and amounts as may
be required by the Board’s Director of Employee Benefits and Risk Management when
Board Facilities are to be utilized and name the Board as an additional insured;
2. protect, defend, reimburse indemnify and hold the Board, its
agents, employees and elected officers harmless from and against all claims, liability,
expenses, costs, damages and causes of action of every kind or character, including
attorney’s fees and costs, whether at trial or appellate levels or otherwise, arising from
or in anyway connected to the City’s Affiliated Recreational Groups and Organizations’
use of the Board Facilities;
3. provide adequate supervision of its own activities to prevent bodily
harm to the users or damage to the facilities, taking into consideration the types of
activities planned;
4. return the Board Facilities in the same condition as they were
accepted and to remove all waste, garbage and rubbish resulting from the City Affiliated
Recreational Groups and Organizations’ use of the Board Facilities;
5. notify the Board of any damage to the Board Facilities resulting
from the City’s Affiliated Recreational Groups and Organizations’ use of the Board
Facilities and reimburse the Board for the actual costs to repair the damage; and
6. pay a Stadium Tax to the Board pursuant to Board Policy 6.21, if
applicable .
C. The Facility Use Permit issued by the City shall also indicate that the
Facility Use Permit may be revoked or suspended by the City and the Board may deny
Page 8 of 21
access to the Board Facilities for failure to comply with the terms and conditions of the
Facility Use Permit.
D. The City’s Affiliated Recreational Groups and Organizations shall be
required to submit all requests for use of the Board Facilities in writing in the form
attached hereto as Exhibit “B” to the City Manager or his or her designee no less than
forty five (45) days prior to the date the City’s Affiliated Recreational Groups and
Organizations desires to use the Board Facility. The City Manager or his or her
designee shall coordinate scheduling of the use of the Board Facility with the Principal
responsible for the management of the Board Facility or his or her designee. The Board
shall be responsible for ensuring that a written response to the request is provided to
the City Manager or his or her designee within fifteen (15) days of the date of the City
Manager’s, or his or her designee’s request. In the event a request is denied, the
reason for denial shall be stated in the written response.
E. Notwithstanding any provision of this Agreement to the contrary, neither
party shall be obligated to make their Facilities available for use by the other for
tournaments or any events where admission or concession fees or charges will be
collected or imposed, unless otherwise agreed to by the parties hereto.
6. Maintenance/Re pai r of Faci I it ies .
The parties acknowledge and agree that either party may deny a request for use
of a Facility to perform maintenance or repairs to the Facility.
7. Notification of Responsibilities under Aqreement.
The Board agrees to notify the Principals of those schools covered under this
Agreement of the terms and conditions of this Agreement and the Board’s commitment
to make the Board Facilities available to the City and City’s Affiliated Recreational
Groups and Organizations in accordance with the Priority of Use.
8. Dispute Resolution.
In the event an issue arises which cannot be resolved between the Board’s
Principal and the City Manager, or his or her designee, regarding the use or availability
Page 9 of 21
of a Facility, the dispute shall be referred to the Board’s Chief Operating Officer and the
City Manager, who shall both make a good faith effort to resolve the dispute.
9. Acceptance of Facilities.
Neither party shall be required to make any improvements or repairs to the Facilities as
a condition of use of the Facilities by the other party or City’s Affiliated Recreational
Groups and Organizations. The parties and City’s Affiliated Recreational Groups and
Organizations shall accept the Facilities in their “As is”, “Where is” condition. The
parties acknowledge and agree that neither party has made any warranties or
representations to the other party regarding the Facilities, including, but not limited to,
any representations or warranties regarding the suitability of the Facilities for use by the
other party or City’s Affiliated Recreational Groups and Organizations. In the event that
either party’s Facilities are unavailable for use by the other party for a previously
scheduled event as a result of the need for unscheduled maintenance, emergency
repairs or the occurrence any force majeure event, the owner of the Facility shall have
no liability for any proximate, direct or indirect loss, damage, cost or injury suffered by
the party seeking to use the other’s Facility, other than to refund of any funds paid in
advance for the use of the Facility.
IO. License.
Notwithstanding any provision of this Agreement to the contrary, the use the
Facilities by either of the parties or the City’s Affiliated Recreational Groups and
Organizations shall only amount to a license to use the Facilities on a non-exclusive
basis, which license shall be revocable by the party licensing the use for any reason
whatsoever. The parties agree that nothing in this Agreement shall be construed as
granting either party or the City’s Affiliated Recreational Groups and Organizations any
title, interest or estate in the Facilities.
11. Default.
The parties agree that, in the event either party is in default of its obligations
under this Agreement, the non-defaulting party shall provide to the defaulting party thirty
(30) days written notice to cure the default. In the event the defaulting party fails to cure
the default within the thirty (30) day cure period, the non-defaulting party shall be
Page 10 of 21
entitled to seek any remedy available to it at law or equity, including, but not limited to,
the right to terminate this Agreement and seek damages, if any.
12. Termination.
Notwithstanding any provision of this Agreement to the contrary, this Agreement
may be terminated by either party: (i) without cause upon thirty (30) days prior written
notice to the other party or (ii) with cause upon the expiration of the thirty (30) day cure
period provided for in Section 1 I above.
13. Annual Appropriation.
Each party's performance and obligations under this Agreement shall be
contingent upon an annual budgetary appropriation by its respective governing body for
subsequent fiscal years.
14. Notice.
All notices required to be given under this Agreement shall be deemed sufficient
to each party when delivered by United States Mail to the following:
IF TO CITY:
Attn. City Manager
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida, 3341 0-4698
IF TO BOARD:
School District of Palm Beach County
Director, Real Estate Services Department
3318 Forest Hill Boulevard
West Palm Beach, Florida 33406-581 3
Page 11 of 21
15. Governing Law and Venue.
This Agreement shall be construed by and governed by the laws of the State of
Florida. All legal action necessary to enforce the Agreement will be held in Palm Beach
County.
16. Subordination to Bond and Grant Obligations.
The parties acknowledge that certain Facilities may be subject to bond covenants
and restrictions or grant obligations and agree that this Agreement shall be subject and
subordinate to any such covenants, restrictions and obligations. Notwithstanding any
provision of this Agreement to the contrary, the parties shall not be obligated to make
any Facility available for use by the other party or City’s Affiliated Recreational Groups
and Organizations in a manner which either party has determined, in its sole discretion,
would be contrary to any of its bond or grant obligations, including, but not limited to,
making any of the Facilities available at no cost when such an action would be contrary
to either party’s bond or grant obligations.
17. Equal Opportunity Provision.
The parties agree that no person shall, on the grounds of race, color, sex,
national origin, disability, religion, ancestry, marital status, or sexual orientation be
excluded from the benefits of, or be subjected to any form of discrimination under any
activity carried out by the performance of this Agreement.
18. Captions.
The captions and section designations set forth herein are for convenience only
and shall have no substantive meaning.
19. Severability.
In the event that any section, paragraph, sentence, clause, or provision of this
Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect
the remaining portions of this Agreement and the same shall remain in full force and
effect.
Page 12 of 21
20. Entirety of Agreement.
This Agreement represents the entire understanding between the parties, and
supersedes all other negotiations, representations, or agreement, either written or oral,
relating to this Agreement. Notwithstanding the foregoing, the City and the Board
recognize the existence of the agreement between the City and the Board dated
October 16, 2003, titled “Interlocal Agreement Between the City of Palm Beach Gardens
and the School District of Palm Beach County, Florida, for the Mutual Use of Public
Facilities” (referred to as the “H.L. Watkins Middle School - Lake Catherine Sports
Complex Agreement”). The H.L. Watkins Middle School - Lake Catherine Sports
Complex Agreement is in no way superceded, altered or diminished by this Agreement,
and in the event of any conflict of terms between the H.L. Watkins Middle School - Lake
Catherine Sports Complex Agreement and this Agreement, the terms of the H.L.
Watkins Middle School - Lake Catherine Sports Complex Agreement shall prevail.
21. Incorporation by Reference.
Exhibits attached hereto and referenced herein shall be deemed to be
incorporated into this Agreement by reference.
22. Amendment.
Except as otherwise provided for in this Agreement, this Agreement may be
modified and amended only by written instrument executed by the parties hereto.
23. Waiver.
No waiver of any provision of this Agreement shall be effective against any party
hereto unless it is in writing and signed by the party waiving such provision. A written
waiver’shall only be effective as to the specific instance for which it is obtained and shall
not be deemed a continuing or future waiver.
24. Construction.
Neither party shall be considered the author of this Agreement since the parties
have participated in extensive negotiations and drafting and redrafting of this document
to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly
construed against one party as opposed to the other party based upon who drafted it.
Page 13 of 21
25. Filing.
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 1 ), Florida Statutes.
26. Effective Datenerm.
This Agreement shall become effective when signed by the both the parties, and
filed with the Clerk of the Circuit Court in and for Palm Beach County. The term of this
Agreement shall be for a period of one (1) year and shall be automatically renewed up
to four (4) additional consecutive one (1) year terms, unless either party provides a
written notice of non-renewal to the other party thirty (30) days prior to the expiration of
the then current term.
27. Supplemental Terms Specific to Palm Beach Gardens Community High School.
A. Except as modified below, the terms, conditions and provisions in
Paragraphs 1-26 above shall remain in full force and effect.
B. The Board agrees to make the following Board Facilities at Palm Beach
Gardens Community High School, located at 4245 Holly Drive, Palm Beach Gardens,
FL 33410, available for use by the City, at no cost, according to the following
supplemental terms, conditions and provisions:
1. Space sufficient for the City’s Recreation Division’s Camp operations
for 2005 summer, including, but not limited to, the cafeteria, gym,
locker room facilities, outdoor athletic fields, 12 classrooms and
auditorium. The facilities herein shall be open for use Monday thru
Friday, 7:OO A.M. to 6:30 P.M., June 1 thru August 2, 2005, provided
that the gym shall be available for the Board’s exclusive use during the
following times: From June 6, 2005 thru June 24, 2005, during the
hours of 8:OO A.M. to 1:00 P.M., and from July 11, 2005 thru July 15,
2005, during the hours of 9:00 A.M. to 3:30 P.M. In the event that any
such Board Facilities are unavailable for use by the City as a result of
the need for emergency repairs or the occurrence any force majeure
event, there shall be no liability for any proximate, direct or indirect
loss, damage, cost or injury suffered by the City. Any unscheduled
Page 14 of 21
maintenance shall by performed by the Board in a way, or at times,
that minimizes disruption to the City’s use of the Board’s Facilities, and
the Board shall make a reasonable effort to make comparable
replacement facilities available to the City. This provision shall not be
subject to termination by the Board, except for cause, as the parties
hereto understand that the City is relying on the availability of the
facilities named herein for the duration and times listed above. The
City shall not be required to submit a Facility Request Form, in
accordance with paragraph 4.C. of this Agreement, for this use.
2. Space sufficient for evening recreation classes to be held on Tuesday
and Thursday evenings from 6:30 P.M. until 9:30 P.M. for the period
beginning May 2, 2005 and ending March 1, 2006, including, but not
limited to, classrooms, gym, art facilities, restrooms and
dance/exercise rooms. Utilities, air conditioning and rest room access
shall be available for the uses and times herein. The terms, conditions
and provisions in Paragraph 4.C. of this Agreement shall apply to the
City’s use of the Board Facilities under this paragraph.
3. Access to the general parking on the Palm Beach Gardens Community
High School Campus and the football stadium, including access to the
restrooms, bleachers and concession stands, for three (3) night or
weekend events to be held or sponsored by the City, which shall be
scheduled in advance through the School’s Principal. The terms,
conditions and provisions in Paragraph 4.C. of this Agreement shall
apply to the City’s use of the Board Facilities under this paragraph.
Maintenance of the Recreation Fields at Palm Beach Gardens Community C.
High School.
1. During the period beginning March I, 2005 and ending March 1, 2006,
the City shall, at its sole cost and expense, assume the obligation to
maintain the Board Recreation Fields in a good and safe condition and
provide all maintenance and repair to same as set forth in Exhibit “D”
attached hereto. For purposes of this subparagraph, the term “Board
Page 15 of 21
Recreation Fields” shall consist of the High School Stadium Field,
Softball Field and Practice Field at the Palm Beach Gardens
Community High School Campus. The parties acknowledge and agree
that the cost of such maintenance and repair shall not exceed
$100,000.00 per calendar year. The City shall provide the Board with
quarterly reports detailing the amount of funds spent by the City to
maintain the Board Recreation Fields, exclusive of the costs
associated with the maintenance of the Lilac Street baseball field that
the City is obligated to maintain pursuant to that certain Interlocal
Agreement dated May 2, 2002, as amended, incorporated herein by
reference. The City shall determine the level of non-routine
maintenance, including facility repairs and materials to be performed
under this Agreement. This provision shall not be subject to
termination by the City, except for cause, as the parties hereto
understand that the Board is relying on the maintenance obligations on
the part of the City, in exchange for the availability of the facilities
named herein for the duration and times listed in Paragraph 27.B.
above.
(Remainder of page intentionally left blank)
Page 16 of 21
IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the
day and year first above written.
CITY OF PALM BEACH GARDENS,
FLORIDA
By:
Eric Jablin, Mayor
ATTEST:
SCHOOL BOARD OF
PALM BEACH COUNTY, FLORIDA
By:
Thomas E. Lynch, Chairman
ATTEST:
Patricia Snider, City Clerk
Date:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Arthur C. Johnson, Ph.D.
Superintendent of Schools
Date:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
School Board Attorney
Page 17 of 21
EXHIBIT “A”
City’s Affiliated Recreational Groups and Organizations
Palm Beach Gardens Youth Athletic Association
Palm beach Gardens Women’s Club
Page 18 of 21
r 1 I EXHIBIT"B" I THE CITY OF PALM BEACH GARDENS AND
THE SCHOOL BOARD OF PALM BEACH COUNTY .
INTER-LOCAL FACILITY REQUEST FORM
Date Contact Person School Name (if applicable)
Phone Number Fax Number Other Contact Number
Address City State/ZIP
FACILITY REQUEST:
Choice #1 Choice #2
Activity Age Group
Estimated Attendance:
Participants: Spectators: Total:
Mark appropriate day(s) facility will be needed:
OMonday OTuesday ElWednesday OThursday OFriday OSaturday OSunday
Time(s): From: adpm to adpm
New Request
Repeat Request:
Date and location of previous use:
Other pertinent information (as necessary):
0 Requesting Principal Date
0 City Manager
.................................................................................................................................
Approve 1 Disapprove
Reason if disapproved:
' Principal Date
I7 City Manager
Page 19 of 21
EXHIBIT "C"
BOARD POLICY 6.21
FOOTBALL STADIUM TAX
1.The Superintendent shall designate a percentage of all admissions sold to events held on the
senior high or full secondary school football fields of Palm Beach County Schools which will be
charged and placed in a "Stadium Tax" account in the internal accounts of the school.
a.This tax will not apply to the proceeds from concessions and printed programs. The tax
will apply to all schools using a senior high school or a full secondary school football field.
Season tickets sold will include the applicable tax for the number of events, which require
the stadium tax. This tax is to be made known to the public by signs which state the
amount of the stadium tax. Such signs shall be displayed prominently at each ticket
booth.
b.Expenditures from the stadium tax account shall be made only after approval by the
area superintendent of an application submitted on the prescribed form. If approved the
work order will either be implemented by the plant planning department or plant planning
will approve the procedures suggested by the school. This fund will be utilized for
general upkeep of the football field.
Authority: 120.53, 230.22(2), FS
Implemented: 120.53, 230.22(2), FS
History: 1336; Revised: 4/6/83
Page 20 of 21
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 8,2004
Meeting Date: December 2,2004
Ordinance 44,2004
Resolution 216,2004
SUBJECT/AGENDA ITEM
Ordinance 44, 2004 & Resolution 216, 2004: RCA Center (Parcel 5B) - Rezoning and Master
Development Plan Approval
First Reading: A request by Mr. William D. Waters, of REG Architects, Inc., on behalf of RCA
Center 11, LLC, for approval of a rezoning from a Research and Light Industrial Park (MI) zoning
designation to a Mixed Use Planned Unit Development (MXD PUD) Overlay zoning designation
and approval of a master development plan allowing for the development of 150,000 square feet of
retail use, 100,000 square feet of office use, and 50,000 square feet of industrial use. The
approximately 30.03-acre subject site, referred to as “Parcel 5B,” is generally bounded by the PGA
Flyover to the north, the Florida East Coast (FEC) Railway to the east, the proposed Gardens
Station mixed use development to the south, and RCA Boulevard to the west.
[XI Recommendation to APPROVE the subject petition with three (3) requested waivers
[XI Recommendation to DENY four (4) requested waivers
Reviewed by:
Planning and Zoning
Division Director
Tala1 M. Benothman, AICP
Finance NIA
Development
Compliance 8 C)
Bahareh Keshavarz-Wolfs,
AICP
Charles K. Wu, AICP
Approved By:
Originating Dept.:
Growth Management:
Manager
Michael + J. nchez
Project
Senior Planner
[ 3 Quasi - Judicial
[ ] Legislative
[ ] Public Hearing
Advertised:
[ 3 Required
[XI Not Required
Affected Parties:
-Notified
[XI Not Required
FINANCE: NIA
Costs: $ NIA
Total
$ N/A
Current FY
Funding Source:
[ ] Operating
[XI Other-
Budget Acct.#:
NIA
CC Action:
Approved
App. wl conditions
Denied
Rec. approval
Rec. app. wf conds.
Rec. Denial
Continued to:
Attachments:
MapQ:
Comprehensive Plan
Palm Tran Letter
PGA Overlay Design
Guidelines
Concurrency
Certifcation
Letter from SFRTA
Site Plan
Landscape Plan
Building Elevations
and Floor Plans
Signage Package
Ordinance 44,2004
Resolution 2 16,2004
Date Prepared: November 8,2004
Meeting Date: December 2,2004
Ordinance 44,2004
Resolution 2 16.2004
EXECUTIVE SUMMARY
The subject petition involves a request for a rezoning to a Mixed Use Planned Unit Development
(MXD PUD) Overlay zoning designation and master development plan approval allowing for the
development of 150,000 square feet of retail use, 100,000 square feet of office use, and 50,000
square feet of industrial use on the subject property (Parcel 5B; herein after referred to as the
“Property”). The proposed development plan consists of 13, one (l), two (2), and three (3) story
buildings.
It is important to note that the conditional concurrency certification for the Property expires on
December 31, 2004. In order to avoid said certification from becoming null and void upon
expiration, a development order must be approved for the Property and an administrative time
extension to the build-out date must be submitted by the applicant and approved by the City, all of
which must occur prior to the December 31, 2004 expiration date. Consequently, the subject
petition was been placed on an expedited schedule of public rneetingdhearings. Therefore, any
changes requested by the Planning, Zoning and Appeals Board and/or the City Council, as well as
certain changes requested by staff, will be made conditions of approval for the subject petition that
are required to be addressed and satisfied by the applicant subsequent to the approval of the subject
petition. As a condition of approval of the subject petition, within 90 days of the approval thereof,
the applicant is required to submit revised development plans demonstrating compliance with the
aforesaid conditions of approval to be reviewed and approved administratively by staff (the revised
plans are herein after referred to as the “Revised Plans”).
Staff is recommending APPROVAL of the subject petition along with three (3) requested waivers,
subject to the conditions of approval listed in Resolution 216, 2004. Staff is recommending
DENIAL of four (4) requested waivers (please see “Waivers” section of this report for further
details).
BACKGROUND
On March 16,2000, the City Council approved Resolution 20,2000, thereby granting the Property a
waiver from the mandatory residential requirement for Mixed-Use (MXD) projects.
On February 1, 2001, the City Council approved Resolution 1, 2001 providing for the approval of a
ten (10) acre conceptual upland preserve set aside for Parcel 28.01, Parcel 28.02, Parcel 5A, and the
Property to be located within Parcel 5A in order to satisfy the minimum 25% upland preserve
requirement for the four (4) aforementioned parcels.
On July 17, 2003, a petition was brought before the City Council by the applicant requesting a
waiver from the minimum acreage requirements for a Planned Community Development (PCD) to
allow for the Property to be developed as a PCD (the minimum acreage requirement for a PCD at
the subject location is 50 acres; the subject site contains 30.03 acres). The City Council expressed
numerous issues and concerns relating to the request. Consequently, the applicant requested
postponement of the hearing to allow adequate time to address the Council’s concerns. The
applicant has since modified the development application and is now requesting approval of a
rezoning to a Mixed-Use Planned Unit Development (MXD/PUD) Overlay.
2
Date Prepared: November 8,2004
Meeting Date: December 2,2004
Ordinance 44,2004
Resolution 2 16.2004
EXISTING USE
Subject Property
Vacant
North
Parcel 5A (Vacant)
South
Gardens Station West/Gardens Station East (Vacant)
East
LegacyPlace PCD
West
Loehmann’s Plaza
LAND USE & ZONING
~ ~~~
ZONING LAND USE
Mixed-Use (MXD) Research and Light
Industrial (MI)
Research and Light Industrial (I) Industrial (MI)
Research and Light
Industrial (MI)
Planned Community
Development (PCD)
General Commercial (CGI)
Development Overlay
Mixed Use (MXD)
Mixed Use (MXD)
wlPlanned Unit Commercial (C)
The land-use designation of the subject site as shown on the City’s Future Land Use Map is Mixed
Use (MXD). The site is currently zoned Research and Light Industrial Park (Ml). The applicant is
requesting approval of a rezoning to a Mixed Use Planned Unit Development (MXD PUD) Overlay
with an underlying zoning of Mixed Use (MXD).
The existing land uses and zoning designations of properties surrounding the Property are provided
in the following table:
ZONING CLASSIFICATIONS, LAND-USE DESIGNATIONS
CONCURRENCY
The project was granted conditional concurrency certification on August 24, 2000, for the
development of 150,000 square feet of retail, 100,000 square feet of office, and 50,000 square feet
of industrial space or their traffic equivalents. The conditional concurrency certification is
contingent upon the applicant satisfying several conditions mandated by the City Engineer and the
Palm Beach County Traffic Division in the attached memoranda (please see attachment). The
stated conditions limit, in part, the number of building permits that can be issued until such time
when certain roadway improvements performed in the surrounding areas. The certification is also
contingent upon the approval of a development order for the Property by the City Council. If any of
the conditions listed in the aforementioned attached memoranda is not satisfied within the
established time frame or a development order is not issued by City Council, then the conditional
concurrency certification shall become null and void. If all the conditions are satisfied within the
appropriate time frame and a development order is issued, then the conditional concurrency
certification shall not expire until after the build-out date of December 31, 2004 (The conditional
concurrency certification established a build-out date for the Property of December 31, 2003;
however, the build-out date was extended to December 3 1, 2004, by the adoption of Ordinance 10,
2003 .). Prior to the expiration date of December 3 1, 2004, the applicant shall be required to apply
for an administrative time extension to the build-out date in accordance with said ordinance.
3
Date Prepared: November 8,2004
Meeting Date: December 2, 2004
Ordinance 44,2004
Resolution 2 16.2004
PROJECT DETAILS
The planning and design of the development on the Property is of critical importance to the City in
that, when developed, the Property will be a major contributor to the character of PGA Boulevard,
which is considered to be the City’s “Main Street.” When developed, the Property, together with
the future development within Parcel 5A to the north, the Regional Center Development of
Regional Impact (DRI) (including Downtown at the Gardens, the Gardens Mall, and numerous
office buildings), the Borland Center, PGA Commons - Phases I, I1 and 111, and the commercial
portion of the Legacy Place PCD, will comprise the “hub” of office and commercial uses within the
City.
The applicant is requesting a rezoning from a Research and Light Industrial Park (Ml) zoning
designation to a Mixed Use Planned Unit Development (MXD/PUD) Overlay zoning designation to
allow for the development of approximately 150,000 square feet of retail use, 100,000 square feet of
office use, and 50,000 square feet of industrial use on approximately 30 acres of land.
The proposed development plan consists of 13, one (I), two (2), and three (3) story buildings. The
applicant has stated that the design approach taken for the project was to create a village
retail/commercial environment that emphasized the principles of Neo-Traditional design. Buildings
on site have been clustered into groups to create inviting pedestrian environments and gathering
places and have been placed along street “build-to’’ lines within the project to add visual interest
and pedestrian scale. Furthermore, buildings have been positioned adjacent to PGA Boulevard and
RCA Boulevard so as to “engage” the streets and further the City’s goal of establishing PGA
Boulevard as the City’s “main street.’’
Communip design
Section 78- 157(h) of the City’s Land Development Regulations, entitled Mixed-Use Planned Unit
Development, requires that mixed-use projects meet certain design criteria established therein for
producing a viable mixed-use environment that achieves the goals set forth in the City’s
Comprehensive Plan. The following is an analysis of the community design criteria:
A. Master Site Plan
The applicant has submitted a Master Site Plan in accordance with the City’s application
requirements. Details relating to the proposed site plan are discussed under the “Project Details”
section of this report.
B. Thoroughfare Plan
The submitted site plan depicts a roadway system that provides both pedestrian and vehicular
linkages to abutting and nearby roadways. The thoroughfare connections within the subject parcel
established in Map ‘Q’ of the City’s Comprehensive Plan, entitled City Center Linkages, have been
provided by the applicant. More specifically, Map ‘Q’ @lease see attached Map ‘Q’) depicts a
northhouth thoroughfare (the “N/S Road”) through the Property to connect (underneath the PGA
Flyover) to the future extension of Kyoto Gardens Drive within Parcel 5A to the north and to RCA
4
Date Prepared: November 8,2004
Meeting Date: December 2,2004
Ordinance 44,2004
Resolution 216,2004
Boulevard to the south (Note: there currently exists an 80-foot-wide right-of-way dedicated to the
City between the Hampton Inn Hotel and the Hilda Flack Interiors property to the south of the
Property that is intended to connect RCA Boulevard to the south to the future northhouth roadway
within the Property). Map ‘Q’ also depicts a connection from the north/south road to RCA
Boulevard to the west that the applicant has provided.
At the request of staff, the applicant has provided an SO-foot-wide strip of land to be deeded to the
City to be utilized for the N/S Road (the applicant had previously provided only a 50-foot-wide
right-of-way for the N/S Road). The applicant will construct the N/S Road as a two (2) lane,
median divided roadway. Should at some point in the future the existing or projected traffic
situation within the City warrant adding two (2) additional lanes (one lane in each direction) within
the N/S Road, the City has the ability to construct the same within the land deeded to the City. If
such were to occur, certain landscape buffers along said roadway would be reduced beyond that
required by Code.
C. Thoroughfare Enhancement Plan
The applicant is required to provide an overall graphic that indicates the nature of various roadways
and how the roadways will be enhanced through the creation of: (1) vistas for pedestrians and
motorists; (2) focal points such as lakes, parks, and open spaces; (3) art in public places; and (4)
median and parkway landscaping.
The applicant has identified two (2) locations for art in public places, both of which are along public
rights-of-way and will provide a visual enhancement thereto. The submitted landscape plan
indicates that the roadways will be lined with, amongst others, Live Oak, East Palatka Holly, Ilex,
and Winin Palm. The applicant will be providing landscaped medians within the roadways
traversing the property as is required per the City’s LDR’s.
D. Pedestrian Linkages
The proposed site plan provides for
pedestrian connections within the site
primarily via the roadways. However,
this can be improved upon as shown in
the graphic to the left in order to provide
a means of pedestrian travel from
Building #I to the cluster of buildings to
the east and from Building #IO to the
northern portion of the site.
It is also stafs opinion that the
additional pedestrian linkages are needed
between the buildings along RCA
Boulevard and the sidewalk along said
roadway. At a minimum, sidewalks shall
be included at every building entrance
5
Date Prepared: November 8,2004
Meeting Date: December 2, 2004
Ordinance 44,2004
Resolution 2 16,2004
along RCA Boulevard, as reflected on the proposed elevations, Lastly, staff strongly recommends
that a significant number of benches (at least 20) be added to the proposed site plan (the applicant
is currently proposing approximately seven (7) benches on site). Staffs aforementioned
recommendations have been included as conditions of approval that are required to be satisfied
upon submission of the Revised Plans.
E. Overall Design Theme
Staff has requested that the applicant provide an amenities package that includes illustrations and
details of project-wide shared elements, including common hardscape themes, street furniture,
lighting, special intersections, plazas, fountains, decorative trellises, and thoroughfare
enhancements. A “Key Plan” depicting the location of the amenities on site shall also be included.
The applicant has submitted an amenities plan; however, staff is requesting that a more detailed and
comprehensive amenities plan be submitted demonstrating how the Property will be aesthetically
enhanced by way of the proposed amenities. The applicant is required as a condition of approval
to submit an amenitiespackage for approval by the City upon submission of the Revised Plans.
F. Signage
The applicant has provided a signage package that includes illustrations of signage types, overall
dimensions, locations, fonts, and materials to be used.
Ground signs: The applicant is proposing a total of ten (10) ground signs on site. Staffs
calculations yielded a right-of-way frontage of approximately 7,250 feet for the Property. The
LDRs allow for one (1) ground sign for the first 300 linear feet of right-of-way frontage and one (1)
sign for every additional 700 linear feet of right-of-way frontage. Therefore, the proposed number
of ground signs, as well as the design thereof, is consistent with the provisions of the LDRs.
Wall signs: All wall signage will be internally illuminated channel letters with deep navy blue faces
with black returns. Fonts will include Century Gothic, Eurostile, Helvetica, and Times New
Roman. All signs will be flush-mounted channel letters; no raceways are permitted. The applicant
has included several other provisions for wall signage in the signage program requested by staff to
ensure the project’s consistency with the requirements of the City’s LDR’s. The applicant is,
however, requesting four (4) waivers relative to wall signage that are further discussed in the
“Waivers” section of this report.
G. Architecture
The applicant has provided staff with graphic representations of an overall, harmonious
architectural style for the development. In accordance with the Community Design criteria,
architectural design shall have a main focus on pedestrian amenities that include but are not limited
to arcades, awnings, colonnades, fountains, loggias, courtyards and/or similar areas providing a
connection and focus for pedestrian walkways. Architectural design shall be such that it avoids
blank walls and dead spaces without any pedestrian or visual interest.
6
Date Prepared: November 8,2004
Meeting Date: December 2,2004
Ordinance 44,2004
Resolution 2 16,2004
The project narrative states that the proposed architectural theme of the project is a modern
interpretation of traditional forms of Spanish and Mediterranean architecture that are found
throughout South Florida. Ornamental brackets, tile roofs, balconies, cast stone, Classical columns
and arches, window awnings and various sized belvederes are utilized throughout. The buildings
have been purposely designed to vary in size, massing and height to create the image of a village.
Section 78-22 1 (h) of the City’s Land Development Regulations, entitled Building design guidelines,
establishes certain design guidelines by which projects falling within the boundaries of the PGA
Boulevard Corridor Overlay must comply (please see attached PGA Boulevard Corridor Design
Guidelines).
Staff has two (2) outstanding issues relative to the proposed architecture:
*:* No variation in roof types. As depicted below, the applicant’s initial submittal included a
variation in the roof types for the project (i.e. Mission-style parapet roofs; flat roofs;
Mediterranean-style, Spanish tile pitched and mansard roofs). The applicant’s currently
proposed plans include only Mediterranean-style, Spanish tile pitched and mansard roofs. It
is staffs opinion that having only one (1) roof type on site creates a monotonous look for the
project. Staff has included a condition of approval in the approving resolution that
requires the applicant to submit revised elevations to include at least one (1) additional
roof type within the project upon submission of the Revised Plans.
Applicant’s original submittal
+?\
*:* No variation in building colors. The applicant is currently proposing only one (1) color
palette for the entire site. It is staffs professional opinion that the same color palette on 12
buildings will create a monotonous look for the site and, thus, is requesting that three (3)
different color palettes be used on site. A condition of approval requiring the same has
been included in the approving resolution.
Note: This concludes the “Community Design ’’ section of this report.
Landscape buffers
The applicant will be providing a 55-foot landscape buffer along PGA Boulevard, a 20-foot
landscape buffer along the Florida East Coast Railway (FEC) tracks (adjacent to Alternate A1 A), an
eight (8) foot buffer along the southern boundary of the Property adjacent to the currently vacant
7
Date Prepared: November 8,2004
Meeting Date: December 2,2004
Ordinance 44,2004
Resolution 2 16,2004
Gardens Station parcels, a 20-foot buffer along RCA Boulevard, and 15-foot buffers along the
internal roadways, all of which are consistent with the minimum landscape buffer width
requirements established in the City’s LDR’s. However, the easternmost 15 feet of the 20-foot
landscape buffer along the FEC tracks have been placed within a 50-foot drainage easement.
Section 78-206(d) of the City’s LDR’s states that a maximum of five (5) feet of a required buffer
may be overlapped by a utility easement. The applicant has requested a waiver to allow for 15 feet
of the required buffer to be overlapped by a utility easement. As is discussed in the “Waivers”
section of this report, staff does not support this waiver request. Staff has included a
condition of approval that requires the above-referenced LDR requirement to be satisfied
upon submission of the Revised Plans.
Landscaping of adjacent roadways: The landscaping of the medians and roadway shoulders of the
portion of PGA Boulevard adjacent to the Property is to be installed in conjunction with the PGA
Boulevard Flyover project by the FDOT and is to be maintained in perpetuity by the applicant. The
applicant is responsible for providing a landscape plan for, installing the landscaping within, and
ultimately maintaining in perpetuity the road shoulder for the portion of RCA Boulevard adjacent to
the Property. The applicant will also be responsible for the maintenance of the medians and
roadway shoulders within the thoroughfares traversing the property.
Parking
Based on the square footages of the uses proposed, the applicant is required to provide 983 parking
spaces on site. The applicant has provided 1,038 parking spaces, all which meet the City’s
minimum dimensions for parking spaces. Bicycle parking spaces have been provided at various
locations on site: 60 are proposed, 49 required.
Covered Parkina Structures
The applicant is proposing 52 covered parking spaces on site. At the request of staff, the covered
parking structures have been designed with Spanish tile roofing in order to maintain consistency
with the architectural style of the buildings on site, as is required per the LDRs. Section 78-374(h)
of the LDRs states that covered parking structures shall be located a minimum of 100 feet from any
public right-of-way and located in the rear of the building to which the parking is accessory. The
applicant has requested a waiver to allow for 13 covered parking spaces to be located within 100
feet of PGA Boulevard. As is noted in the “Waivers” section of this report, staff does NOT
support this waiver request. Staff has included a condition of approval that requires the
above-referenced LDR requirement to be satisfied upon submission of the Revised Plans.
Site Access
The proposed site plan contains a north/south thoroughfare that will provide access to the site from
RCA Boulevard to the south and from the future extension of Kyoto Gardens Drive within Parcel
5A to the north. An east/west thoroughfare will connect the N/S Road to RCA Boulevard to the
west.
8
Date Prepared: November 8,2004
Meeting Date: December 2, 2004
Ordinance 44,2004
Resolution 216,2004
Uuland Preserve
As previously stated, the City Council approved Resolution 1, 2001 providing for a ten (10) acre
upland preserve set aside for Parcel 28.01, Parcel 28.02, Parcel 5A, and Parcel 5B to be located
within Parcel 5A in order to satisfy the minimum 25% upland preserve requirement for the four (4)
aforesaid parcels. Therefore, no upland preserves are being maintained on the site.
Lighting
The applicant has submitted a photometric plan that has been reviewed by the City Engineer. In
keeping with the mixed-use requirements for a strong emphasis on pedestrian amenities, lighting
throughout the site plan shall be of a pedestrian scale and a style that enhances the appearance of
PGA Boulevard, RCA Boulevard, and the future thoroughfares within the site. Staff is requesting
that metal halide lighting be used along streets and pedestrian walkways and is requesting
pedestrian lighting along the adjacent rights-of-way. Staff has included a condition of approval
that requires the applicant to submit a lighting plan that includes pedestrian scale lighting
along all thoroughfares and pedestrian walkways for review and approval by the City upon
submission of the Revised Plans.
Dra inane
The proposed development is within the jurisdiction of the South Florida Water Management
District (SFWMD) and the City of Palm Beach Gardens. The project is not within a North Palm
Beach County Improvement District (NPBCID) unit of development and does not outfall to the
District’s system.
The site was designed to collect and convert stormwater runoff through a series of catch basins and
pipes which flow to two (2) detention lakes located at the north and south side of the project. The
southern lake will discharge through a water control structure to a Palm Beach County drainage
easement located along the south side of the Garden Station PUD.
CPTED Compliance
Crime Prevention Through Environmental Design (CPTED) is a branch of situational crime
prevention that maintains the basic premise that the physical environment can be designed or
managed to produce behavioral effects that will reduce the incident and fear of crime. The Police
Department has reviewed the master site plan and has provided staff with several comments
pertaining to security on site and adherence to the CPTED principles, one (1) of which will require
the applicant to work with the City’s Police Department to develop a high resolution, closed circuit
security system with recording and photo processing picture or video printout capabilities on site.
Due to the fact that a majority of the Property lies within the PGA Boulevard Corridor Overlay, the
uses permitted on site shall be those uses permitted within the Overlay. Although a portion of the
site does not lie within the 1000-foot Overlay boundary, the applicant has agreed to apply the
9
Date Prepared: November 8,2004
Meeting Date: December 2,2004
Ordinance 44,2004
Resolution 21 6,2004
Overlay use regulations to the entire site to maintain a consistent theme throughout (Note: Said
regulations were recently amended through the adoption of Ordinance 18,2004.).
Access to the Gardens Station PUD to the South
Staff is requesting that a vehicular connection be made between the Property and the Gardens
Station PUD to the south in order to promote interconnectivity and reduce the number of trips on
the adjacent roadways. Staff is requesting that the access drive align with north/south drive isle
immediately west of Building #lo. Upon consultation with the City Engineer, it was determined
that such a connection would eliminate the need for the currently proposed southernmost access into
the Property from RCA Boulevard. Therefore, staff has included a condition of approval that
requires the applicant to include the requested connection and remove the southernmost
access drive into the Property from RCA Boulevard upon submission of the Revised Plans.
TRI-RAIL TRANSIT STATION
The South Florida Regional Transportation Authority (SFRTA) is currently conducting a study,
referred to as the “Jupiter Corridor Alternatives Analysis,” to determine the feasibility of extending
Tri-Rail from its current northernmost station in Mangonia Park to Jupiter. As part the study, the
SFRTA has identified a possible location for a Tri-Rail transit station in the vicinity of the
intersection of PGA Boulevard and the Florida East Coast (FEC) Railway.
In December of 2003, staff met with representatives from the South Florida Regional
Transportation Authority to identify possible sites for a Tri-Rail transit station within the City in
close proximity to PGA Boulevard. Two (2) sites were identified as a result of that meeting: Parcel
5A (northwest corner of PGA Boulevard and Alternate A1A) and Parcel 5B (southwest corner of
PGA Boulevard and Alternate A1 A).
At the City Council meeting of March 18, 2004, at which the possible future Tri-Rail station was
discussed, while an official vote was no taken, certain members of the City Council made it be
known to staff that it preferred the transit station to be located on Parcel 5B, rather than on Parcel
5A; the reason being that Parcel 5A is directly adjacent to the Garden Woods residential
development and that a passenger transit station on Parcel 5A would adversely affect the
neighborhood.
In an effort to bring the possible Tri-Rail station to fruition, staff has had several meetings and
discussions with representatives from the SFRTA and the Treasure Coast Regional Planning
Council (TCRPC) to come up with a strategy to accommodate a station within the development
plans for the Property (please see attached letter from the SFRTA). The following was agreed to be
the strategy of choice, which has been made a condition of approval in the approving resolution:
*:* Within 90 days of the approval of the subject petition, the applicant shall work in
conjunction with the Treasure Coast Regional Planning Council (TCRPC), the South Florida
Regional Transportation Authority (SFRTA), and the City to make any and all necessary
modifications to the development plans for the portion of land lying east of the NortWSouth
Road to accommodate the potential of a Tri-Rail transit station. Said modifications shall be
10
Date Prepared: November 8,2004
Meeting Date: December 2,2004
Ordinance 44,2004
Resolution 21 6,2004
approved administratively by staff so long as any exterior elevation changes are
architecturally consistent with the approved buildings. Should the final results of the Jupiter
Corridor Alternatives Analysis determine that a Tri-Rail station will be constructed on the
subject property, the applicant, its successors or assigns shall work cooperatively with the
SFTRA and the City to facilitate the construction of said station and all ancillary
uses/structures in a timely manner.
CONSISTENCY WITH COMPREHENSIVE PLAN
The Property is classified as a non-residential MXD; therefore, it is required to comply with the
non-residential MXD intensity measures established in Policy 1.1.1.3. of the City’s Comprehensive
Plan and reiterated in Section 78-157(g) of the Land Development Regulations (LDRs). Policy
1.1.1.3 of the Future Land Use Element requires a land allocation calculation for the minimum three
(3) uses required. The following table summarizes the applicant’s proposal, as compared to the
Comprehensive Plan and Land Development Regulations (LDRs) requirements:
Policy 1.1.1.3. of the City’s Comprehensive Plan requires that at least 5 1 % of the gross square
footage of the Commercial use within a non-residential MXD be contained in buildings having a
two (2) story character containing some actual two (2) story space. The applicant is proposing
150,000 square feet of commercial/retail use on site, thus requiring 76,500 square feet (51%) of the
commercial/retail use to be contained in buildings containing two (2) story character. Although the
applicant has not identified the uses for each individual building, approximately 63% (1 89,000
square feet) of the gross square footage on site is contained in buildings containing two (2) story
space.
Proposed thoroughfares: Map ‘Q’ of the City’s Comprehensive Plan, entitled City Center Linkages,
establishes planned vehicular connections within the “City Center” portion of the City. Policy
2.1.6.1. thereof requires individual developments to dedicate the needed right-of-way during the site
plan review process to be consistent with and conform to the City Center Linkages Plan. Map ‘Q’
depicts several vehicular connections through the Property that the applicant has made provisions
for in the proposed plan (please see attached Map ‘Q’). More specifically, Map ‘Q’ depicts a
northhouth thoroughfare through the Property to connect (underneath the PGA Flyover) to the
future extension of Kyoto Gardens Drive within Parcel 5A to the north and to RCA Boulevard to
the south (Note: there currently exists an 80-foot-wide right-of-way dedicated to the City between
11
Date Prepared: November 8,2004
Meeting Date: December 2,2004
Ordinance 44,2004
Resolution 2 16,2004
the Hampton Inn Hotel and the Hilda Flack Interiors property to the south of the Property that is
intended to connect RCA Boulevard to the future NorthlSouth Road within the Property). Map 'Q'
also depicts a connection from the northhouth road to RCA Boulevard to the west that the applicant
has provided.
WAIVER REOUESTS
The applicant is requesting approval of the following waivers:
SUMMARY OF REQUESTED WAIVERS
I Code Section
Section 78-306(d) entitled Easement
encroachment
I Section 78-563, entitled Lake
maintenance tracts
Section 78-374(h), entitled Covered
parking structures
I
Section 78-285, entitled Permitted Signs
Section 78-287(e), entitled Logos
Section 78-285, entitled Permitted Signs
Section 78-285, entitled Permitted Signs
Required
Only 5' of a required
buffer may be
overlapped by a
utility easement
No landscaping wlin
LME
Located not less than
100' fiom any public
ROW and in the rear
of the property
One sign per tenant
Federally registered
signs permitted but
must be consistent
with color scheme of
sign program
Principal
tenanthuilding ID
signs shall not be
located above the first
story
Sign letters for
principal tenants shall
not exceed 36" in
height
Provided
15' of the
easternmost buffer is
overlapped by a
utility easement
Landscaping wlin
LME's
13 covered parking
spaces less than 100'
from PGA Blvd
Two (2) signs per
ground floor tenant
and two (2) building
ID signs per building
Federally registered
signs can have
registered color
scheme
Principal
tenandbuilding ID
signs located above
the first story
One row of 36"
letters and one row of
24" letters for Bldg
#1
Recommendation
DENIAL (1)
Approval (2)
DENIAL (3)
Conditional Approval (4)
DENIAL (5)
Approval (6)
DENIAL (7)
1. Waiver from Section 78-306(d) of the City's LDR's, entitled Easement encroachment, to
allow for 15 feet of a required 20-foot landscape buffer to be encumbered by a utility
easement. Said section requires that a maximum of five (5) feet of a required landscape
buffer be encumbered by a utility easement.
Staff Ana(ysis: The proposed configuration of the easternmost 20-foot landscape buffer
includes only a five (5) foot wide strip of landscaped area. The remaining 15 feet is
proposed only to be sod, as trees and other landscaping are not permitted to be installed
within utility easements. The applicant's justification is based on the fact that the
12
Date Prepared: November 8,2004
Meeting Date: December 2,2004
Ordinance 44,2004
Resolution 216,2004
easternmost property line of the Property is separated from Alternate A1A by a 100-foot-
wide FEC right-of-way that contains sufficient landscaping to screen the view of the parking
area from Alternate A1A. It is stars professional opinion that landscaping within an
adjacent right-of-way should NOT be relied upon to act as a buffer for a project. At any
time, the landscaping within the FEC right-of-way could be removed without the consent of
the City. Staff recommends DENIAL of this waiver request and, therefore, has included a
condition of approval requiring compliance with the above-referenced LDR requirement
upon submission of the Revised Plans.
2. Waiver from Section 78-563, entitled Lake maintenance tracts, to allow encumbrances with
Lake Maintenance Easements (LME). City Code requires LME’s to be free of
encumbrances .
StaffAnalvsis: The applicant is proposing landscaping in the outermost five (5) feet of the
LME along the east side of Lake #2 and along the outermost two (2) feet of the LME along
the north side adjacent to the parking. This waiver will provide the desired landscape
buffering while also allowing for the necessary access routes around the lake as a minimum
of 15’ clear is being provided between the proposed landscaping and the water’s edge. Staff
believes that the proposed design of the landscaping within the lake maintenance easement
will benefit the site aesthetically and will not impede the maintenance of the lakes. Staff
does not have any objection to this waiver request and, therefore, recommends
APPROVAL of the requested waiver.
3. Waiver from Section 78-374(h), entitled Location (of covered parking structures), to allow
for 13 covered parking spaces to be located within 100 feet of PGA Boulevard. Said section
requires all covered parking structures to be located a minimum of 100 feet from any public
right-of-way and in the rear of the building to which the parking is accessory.
Stup Analysis: It is staffs opinion that the covered parking structures on the northwest
portion of the plan directly adjacent to PGA Boulevard will clearly be seen as one drives
east on PGA Boulevard prior to reaching the PGA Flyover. It is staffs professional opinion
that covered parking structures should not be plainly visible from PGA Boulevard and,
therefore, recommends that said parking structures be relocated to another location away
from PGA Boulevard and a minimum of 100 feet from any public right-of-way as is
required by Code. Staff recommends DENIAL of the requested waiver.
4. Waiver from City Code Section 78-285, entitled Permitted signs, to allow for tenants
containing multiple street frontages to have two (2) signs per ground floor tenant and to
allow two (2) building ID signs for each building containing multiple street frontages. City
Code allows for one (1) sign per tenant and one (1) building ID sign per building.
StaffAnalysis: Since many of the buildings have multiple street frontages, staff believes that
more than one (1) sign is required per retail ground floor tenant to provide for adequate
identification. The same waiver was granted for the recently approved Legacy Place
commercial project. Staff recommends CONDITIONAL APPROVAL of the requested
waiver, subject to the following conditions which have been included in Resolution 216,
13
Date Prepared: November 8,2004
Meeting Date: December 2,2004
Ordinance 44,2004
Resolution 21 6,2004
2004:
e3 Each building shall be allowed two (2) building identiJication or principal tenant signs,
so long as (I) said signs are not located on the same building elevation; and (2) the
second of the two signs has a copy area of no more than 75% of the first sign.
e3 Retail ground floor users shall be a allowed a maximum of two signs per tenant, so long
as (I) any two signs for the same tenant are not located on the same building elevation;
and (2) said signage is afJixed directly to the elevation of the tenant bay it identifies.
5. Waiver from Section 78-287(e), entitled Logos, to allow tenants that have federally
registered trademark signs to use the registered color scheme on the tenant sign(s). City
Code allows federally registered trademark signs and logos to be used so long as the color is
consistent with the approved color scheme of the master sign program for the project.
St&f Analvsis: Although staff has recommended approval of this waiver in the past for other
projects, staff has reconsidered its position on this issue. Upon visual inspection of signage
within developments in the City, it is staffs position that a uniform signage color within a
development is more aesthetically pleasing than a variety of signage colors. The applicant is
proposing a deep navy blue color for all wall signage on site. In the opinion of staff,
allowing for certain tenants having federally registered signs to utilize their registered color
would have a negative impact on the cohesiveness of the project. Staff recommends
DENIAL of the waiver request.
6. Waiver from Section 78-285, entitled Permitted signs, to allow principal tenanthuilding ID
wall signs to be located above the first-story.
Stgff Analvsis: Although the Code does not specifically limit the height of principal tenant
signs, it has been staffs policy to limit the height of all signage to the first story unless
otherwise approved by the City Council (staff is currently working on an amendment to the
sign code to clarify this and other sign issues). Staff has reviewed the proposed locations for
principal tenantibuilding ID signs and is of the opinion that the signage locations are
consistent with other signage along PGA Boulevard. Staff recommends APPROVAL of the
waiver request.
7. Waiver from Section 78-285, entitled Permitted signs, to allow the principal tenantibuilding
ID signs for Building #1 to be permitted two (2) lines of copy for the building identification
signs facing PGA Boulevard; the first line would contain 36-inch-high letters and the second
line 24-inch-high letters.
StaffAnaZvsis: The LDRs limit the letter height of principal tenant signs to 36 inches. It has
been staffs policy to require signs containing two (2) lines of copy to a combined letter
height of 36 inches unless otherwise approved by the City Council. Upon review of the
elevation of Building #1 facing PGA Boulevard as depicted below, it appears that the area of
the elevation upon which the proposed sign will be affixed has a height of only five (5) feet.
Thus, one (1) row of 36-inch-tall letters together with one (1) row of 24-inch-tall would
14
Date Prepared: November 8,2004
Meeting Date: December 2,2004
Ordinance 44,2004
Resolution 216,2004
occupy the entire space to which the signage is affixed. It is staff opinion that the signage
would not be proportionate to the building area to which it is affixed; therefore, staff
recommends DENIAL of this waiver request.
PLANNING, ZONING & APPEALS BOARD RECOMMENDATION
At its November 23, 2004 meeting, the Planning, Zoning, and Appeals Board held a public hearing
to review the subject petition. The Board voted 7-0 to recommend approval of the subject petition
with staffs recommendations and proposed conditions of approval, as well as with staffs
recommendations relating to the requested waivers
STAFF RECOMMENDATION
Staff recommends APPROVAL of Ordinance 44, 2004 and Resolution 216, 2004, with three (3)
requested waivers (landscaping within lake maintenance tracts; two (2) building ID signs per
building and two (2) signs per retail ground floor user; and building ID signs located above first
story), subject to the conditions of approval listed in Resolution 216, 2004. As noted in the
“Waivers” section of this report, staff recommends DENIAL of four (4) requested waivers (1 5-foot
utility easement encroachment within a required landscape buffer; covered parking structure located
less than 100 feet from a public right-of-way; federally registered signs utilizing registered color;
and one (I) row of 36-inch letters and one (I) row of 24-inch letters for Building #1 ID sign).
15
PalmTran
3201 Electronics Way - West Palm Beach, FL 33407
Phone: (561) 841-4200 or (561) 841-4290
Palm Beach County
Board of County Commissioners
Karen T. Marcus, Chair
Tony Masilotti.Vice Chairman
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
Addie L. Greene
Perry J. Maul1 County Administrator
Executive Director Robert Weisman
May 18,2004
Catalfumo Construction
Attn: Mr. Jeffery P. Marshall
4300 Catalfumo Way
Palm Beach Gardens, FL 33410
Dear Mr. Marshall:
This will serve to confirm receipt of your transmittal letter and site plan for RCA Center
(Parcel 5B) located along PGA Blvd between RCA Blvd and Alt AIA in the City of Palm
Beach Gardens, Palm Beach County.
We currently operate our Route 03 PBG - Boca Raton via Military Trail along PGA Blvd.
Due to turning movements there are no current stops between Military Trail and
Fairchild Gardens. We do foresee a future need for additional service and stops along
PGA between US-I and the Scripps Development. The residential nature/mercantile-
retail nature of the development is a natural transit attraction. We therefore desire a
Bus Stop Boarding and Alighting Area easement (IO x 30-feet) and site provisions for
future development. This would afford us the opportunity to design service and provide
applicable shelter, bench, trash receptacle and signage, should the need arise.
Typically, we require provisions for Bus Stop Boarding and Alighting Areas at major
intersections and/or major entrances. Future provisions should to accommodate transit
infrastructure should be made on RCA Blvd at the main entrance, the intersection of
RCA Blvd and PGA Blvd, and PGA Blvd at the main entrance. These can be located
either far side or near side of the intersection (except where turning lanes restrict bus
movements).
Typical far side easements are located beginning 15-feet past the intersecting point of
the sight triangle and the property line measuring 30-feet along the property line and 10-
feet into the development site. They can be as much as 200-feet from any site triangle.
We would entertain other reasonable alternatives.
Typical near side easements are located beginning 5-feet before intersecting point of
the sight triangle and the property line measuring 30-feet along the property line and 10-
feet into the development site. It can be as much as 200-feet from any site triangle. We
would entertain other reasonable alternatives.
CADocuments and Settings\ggawaldo\My Documents\DEVELOPMENT LTRS\RCA Ctr Prcl5B [PBG].doc An Equal Opportunity - AffirmaTive Action Employer
www.palmtran.org
Your attention is addressed to sections 4.2.1, 5.2.8, 5.3 and other portions of our Transit
Design Manual. A copy may be found in the Palm Tran Library section of our web
page: www.Palmtran.orq. Other ADA, FDOT, and Palm Beach County requirements
may be applicable.
Typically in commercial sites over 100,000-square feet, we request an amendment of
the plan to indicate mass transit circulation, bus access and/or bus stops on or adjacent
to the subject property. Bus access and/or bus stops should include, at a minimum,
provisions for a covered or sheltered bus boarding and alighting, continuous paved
pedestrian and bicycle access from the bus stop to the use@) it is intended to serve,
and bicycle rack. We would like to discuss this matter with you and would entertain
reasonable alternatives. Additionally, your attention is addressed to Section 2.3,
Chapter 3, and other portions of our Transit Design Manual. Other ADA, FDOT, and
Palm Beach County requirements may be applicable.
If I can be of further assistance, please contact me at 841 -4246.
Sincerely,
Gerald B. Gawaldo
Transit Planner II
cc: Fred Stubbs, Palm Tran Transit Planning Manager
Steve Cramer, City of Palm Beach Gardens
C:\Documents and Settings\ggawaldo\My Documents\DEVELOPMENT-LTRS\RCA Ctr Prd 58 [PBG].doc
ATTACHMENT
PGA BLVD. CORRIDOR OVERLAY
BUILDING DESIGN GUIDELINES
LDR SEC. 78=221(h)
LAND DEVELOPMENT 6 78-221
excluding architectural concrete, dumpsters,
es and other objects which are frivolous,
e overlay landscape and design goals.
owner within oulevard greenbelt. These tr tops shall provide a
e of a 12-foot by 50-fOOt
transit vehicle s
of the travel lane, on
a. Facilities. Facilities for rians shall be provided along and
be designed consistent with the
ciation of State Highway and Transpor-
b. Parkway pathway. Within th ontinuous, interconnected pathway at
within the corridor. 7%
standards adopted by the
least 12 feet wide subject to
1. the overall intent to
feet from the edge of curbing
possible hm vehicular tain a pathway located as
ce the pathway. This requirement sh
ous canopy. These shade trees shall be supplemented wit
e visual and physical buffers between traflic and pedestn
ing environment, both manmade and natural. A building shall provide a positive
impact on the surrounding environment.
Supp. No. 10 CD78:193
5 78-221
b.
C.
d.
e.
f.
PALM BEACH GARDENS CODE
Visible facades. All building facades visible from public rights-of-way and
adjacent properties shall be designed to create a harmonious effect with its
surroundings. This should not be construed as creating look-alike buildings.
Harmony shall be achieved through the proper use of scale, proportions, form,
materials, texture, and color.
Unity of character and design. Buildings or structures which are part of an
existing or future complex shall have a unity of character and design.
Design character. The design character of buildings shall be such that it is
aesthetically pleasing and without cluttered forms having no apparent system of
organization.
Building materials and color. Building materials and color selection shall achieve
visual order through the consistent use of compatible color palettes.
Building elevations. All building elevations shall be treated equally as if all sides
were the front of the building. This requirement includes but is not limited to
architectural elements, facade treatment, and landscaping.
Identical buildings. Buildings and structures which, in the opinion of the city council,
are identical or similar in design shall not be permitted. This does not prohibit the
duplication of floor plans and exterior treatments in a planned unit or planned
community development where identical buildings can be used to create an aestheti-
cally pleasing environment. The intent is to prevent the same building form and
elevation repeated from one development to another and to encourage diverse
architectural expressions along the PGA Boulevard corridor.
Trademark forms and colors. Buildings and structures which use trademark or
symbolic forms and colors and which have a negative impact on the visual environment
of the area, as determined by the city council, shall not be permitted.
Architectural detail. Architectural design shall prohibit large expanses of blank walls
with limited or no windows or architectural embellishments.
Roof overhangs. Unless specifically designed otherwise, roof overhangs including
mansard roof overhangs shall wrap around the building so that there is visual
continuity around the entire building.
Mechanical equipment screening. The highest portion of mechanical equipment, such
as backflow preventers, meters and valves for public utilities operations, satellite
antennas, heating and ventilating, air-conditioning, or other utility hardware on roofs,
ground, or buildings shall be installed at or below the lowest elevation or level of
screening materials. Materials used for screening purposes shall be compatible with
the architectural style, color, and materials of the principal building. This equipment
shall be located so as not to be visible from any street or adjoining property. Landscape
screening must include a dense planting or earth berming or both, as established in
sections 78-313 and 78-314.
Supp. No. 10 CD78 1,994
LAND DEVELOPMENT 9 78-221
Gutters and down spouts. Gutters and down spouts shall be painted to match the
surface to which they are attached. Gutters and down spouts may, however, be painted
in such a way so as to become a design element if the color is consistent with the color
scheme of the building.
Service yards, storage yards, and loading docks. All refuse and waste. containers,
recycling or compacting containers, dumpsters, oil tanks, bottled gas tanks, service
yards, storage yards, and loading docks shall be located in the rear or side yard. All
such service equipment and service areas shall be screened from view from any street
or adjoining property by means of a wall, landscaping, or other methods approved by
the city council.
Shopping carts. If shopping carts are permitted, shopping cart corrals shall be
required, subject to the standards listed below.
a. Screening. Outdoor cart storage areas shall be screened from view by means of a
wall, substantial landscaping or other methods approved by the city council.
Materials. The corrals shall be constructed of solid walls, and constructed of
materials compatible with the primary structure.
Landscaping. Shopping cart corrals shall be landscaped in a manner compatible
with the overall landscape theme.
Operations. Shopping carts shall not be allowed to accumulate in any outside
area, including parking lots and loading areas, and shall be removed from cart
corrals in a timely manner and relocated to storage areas.
b.
c.
d.
Mailboxes. Mailboxes, including special drop boxes, may be clustered within buildings,
grouped under a kiosk, or individually freestanding. In all cases, the design and
installation of mailboxes shall comply with the standards listed below.
a. Approuul. Mail boxes shall be approved by the city council and the U.S. Postal
Service as to size, type, and location.
Design and landscaping. Mail boxes shall be landscaped Consistent with and
architecturally compatible to the development.
b.
Satellite dishes. Satellite dishes may be installed in any zoning district, provided the
dishes are not visible from any street, and the color is compatible with the surrounding
environment. Communication equipment, such as dishes and antennas, is encouraged
to be accommodated during the planning phase of a project.
(12) Telephones, vending machines, newspaper racks, etc. All public telephones, vending
machines, newspaper racks, and facilities dispensing merchandise or services on
private property shall be enclosed within a building, enclosed within a structure,
attached to a building, or enclosed in a separate area. Attached and freestanding
buildings shall be landscaped consistent with and architecturally compatible to the
principal structure.
Supp. No. 13 CD78:195
..i P
i t;
.&
CITY OF PALM BEACH GARDENS 1.
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4689
DATE: August 24,2000
TO: Ken Blair
Catalfumo Construction & Development, Inc.
694-3000 fax: 691 -5288
FROM: John Lindgren
City Planner
phone: 799-4243 fax: 799-4281
RE: CONDITIONAL CONCURRENCY CERTIFICATION for:
CON-99-12 - Parcel 5B
Based on the attached memoranda from City Engineer Sean C. Donahue, P.E. (dated August
5, 1999 and August 17, 2000), Palm Beach County Assistant Director - Traffic Division Dan
Weisberg, P.E. (dated August 9, 2000), and Maria M. Tejera, P.E. (dated August 17, 2000),
the above referenced project is hereby granted conditional concurrency certification.
This certification is contingent upon the applicant satisfying several specific conditions listed
in the aforementioned attached memoranda, AND the issuance of a development order from
City Council. If any of the conditions listed in the aforementioned attached memoranda are
not satisfied within the appropriate time frame, OR a development order is not issued by City
Council for the above referenced project, then this conditional concurrency certification shall
immediately become null and void. If all of the conditions are satisfied within the appropriate
time frame AND a development order is issued, then this conditional concurrency certification
shall not expire until after the build-out date of December 31,2003, which is referenced in the
June 26, 2000 Traffic Impact Analysis - Parcel 5B prepared by Yvonne Ziel Traffic
Consultants, Inc.
If you have any questions, please contact me at 799-4243.
Cc: Sean Donahue, Assistant City Engineer
Jim Norquest, Principal Planner
Seven (7) sheets total in fax.
@john: con9912.con.cert
4
I.
CIVIL
AGRICULTURAL
WATER RESOURCES
WATER & WASTEWATER
TRANSPORTATION
SURVEYING & MAPPING
CIS
”Partners For Results
Value by Design”
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
(561) 286-3883
Fax: (561) 286-3925
www.lbfh.com
TO:
FROM:
DATE:
FILE NO.
Tala1 Benothman
Sean C. Donahue, P.E. 3CQ
August 17,2000
99-407 1
SUBJECT: Catalfumo-Parcel5B
We have reviewed the comments prepared by the Palm Beach County
Tdic Engineering Division and the City’s traffic consultant regarding the
referenced project received on August 11 and August 17, 2000,
respectively. Based on their review, this project may meet the Traffic
Performance Standards of Palm Beach County and the City of Palm Beach
Gardens, subject to several specific conditions. Therefore, we recommend
the issuance of a Conditional Traffic Concurrency Certificate based on the
conditions outlined in the attached letter from the Palm Beach County
Traffic Engineering Division and the attached memorandum from the City’s
traffic consultant, MTP Group, Inc.
SCDl
cc: Roxanne Manning
m-@Rqua * Ken Blair-Catalfumo Construction & Development, Inc.
P:WROJW3TS\PBGMEMOW071W07 lh
August 9,2000
kpartment of Engineering
and Public Wrks
PO. Box 2 1229
kst Palm Beach. FL 3341 6- 1229
(561) 684-4000
www.co.palm-beach.fl.us
palm Beach County
Board of County
Commissioners
Maude Ford Lee, Chair
&wren H. Newell. Vice Chairman
Karen T. Marcus
Cuol A. Robem
Mary McCarty
BUR Aaronson
lbny Masilotti
County Mministntor
Robert Weisman
Mr. Sean Donahue, P.E.
LBFH, Inc.
3550 S.W. Corporate Parkway
Palm City, FL 34990
RE: PARCEL 5B
TRAFFIC PERFORiiANCE STA
LSFH PALM. CITY
REVIEW
Mr. Donahue:
The Palm Beach County Traffic Division has reviewed the traffic impact study for the
project entitled Parcel 5B pursuant to the Traffic Performance Standards in Article 15
of the Palm Beach County Land Development Code. The project is summarized as
follows:
Location:
Municipality: Palm Beach Gardens
Proposed Uses: Retail
Southwest comer of PGA Boulevard and Alternate AIA
150,000 sq. ft.
Office 100,000 sq. ft.
Industrial 50,000 sq. ft.
Net Trips: 6,706 per day
Bui Id-out: 2003
Based on our review the Traffic Division has determined that the project may meet the
Traffic Performance Standards of Palm Beach County, subject to the following
conditions:
No building permits for more than 2,567 daily external trips until construction begins
to widen Alternate AI A from PGA Boulevard to Hood Road to 6-lanes. As an example,
2,567 daily trips would be generated by 24,430 sq. ft. of retail, 50,000 sq. ft. of office,
and 50,000 sq. ft. of industrial uses. This roadway improvement &assured construction.
No building permits for more than 3,100 daily external trips until construction begins
on the PGA Boulevard/Altemate A 1A flyover. As an example, 3,100 daily trips would
be generated by 26,250 sq. ft. of retail, 100,000 sq. ft. of office, and 50,000 sq. ft. of
industrial uses. This roadway improvement k assured construction.
The Palm Beach County Traffic Division has estimated the capacity of the PGA
Boulevard from 1-95 to Alternate AIA with the flyover as approximately 68,000. The
study assumes a capacity of 90,200. The level of service standard transmitted by the
Board of County Commissioners is 68,055 for this section of PGA Boulevard. This
volume is equivalent to 76,555 without the City Center Linkages Plan and the widening
of Bums Road.
Mr. Sean Donahue, P.E.
PARCEL SB
August 9,2000
Page 2 Of 3
The study estimates the build-out volume on this section of PGA Boulevard at 76,449.
This volume is equivalent to 67,949 without the City Center Linkages Plan and the
widening of Bums Road.
Based on this County's estimation of capacity, no develoment order for more than
4,005 daily external trips may be issued until the County adopts a CRALLS for PGA
Boulevard from 1-95 to Alternate AIA of at least 67,949 and the City Center Linkage
Plan is funded, and the widening of Bums Road from Military Trail to Alternate AIA
is funded. The City Center Linkages Plan and the widening of Bums Road are not
assured construction. Approval above the 4,005 trip limit will also be contingent on the
execution of a public facilities agreement for the funding ofthe roadway improvements.
No building permits for more than 734 daily external trips until construction begins to
widen Prosperity Farms Road from PGA Boulevard to Lone Pine Road to 4-lanes. As
an example, 734 daily trips would be generated by 26,200 sq. ft. of office and 50,000
sq. ft. of industrial uses. This roadway improvement is not assured construction.
Approval above the 734 trip limit will be contingent on the execution of a public
facilities agreement for the funding of the roadway improvement.
No building permits for more than 4,469 daily external trips until construction begins
to change the south approach of PGA Boulevard and Victoria Gardens Drive from 2 left
turn lanes and 2 right turn lanes to 3 left turn lanes and 1 right turn lanes. As an
example, 4,469 daily trips would be generated by 7 1,500 sq. ft. of retail, 80,000 sq. ft.
of ofice, and 50,000 sq. ft. of industrial uses. This roadway improvement- assured
construction and is not consistent with the plans prepared by FDOT for the PGA
Boulevard/Alternate AIA flyover. If FDOT does not agree to this modification, the
required improvement shall be 3 left turn lanes and 2 right turn lanes. Approval above
the 4,469 trip limit will be coatingent on the exaxtioil of a public facilities agreement
for the funding of the roadway improvement.
No building permits for more than 6,398 daily external trips until construction begins
on westbound of PGA Boulevard from Victoria Gardens Drive to Fairchild Gardens
Avenue as 4 lanes. 6,398 daily trips would be generated by 137,540 sq. ft. of retail,
100,000 sq. fi. of office, and 50,000 sq. ft. of industrial uses. This roadway
improvement- assured construction. The study states that the improvement will not
be required if the County adopts a CRALLS. The level of service standard transmitted
by the Board of County Commissioners is 59,636 for this section of PGA Boulevard.
This volume is equivalent to 62,636 without the City Center Linkages Plan. The study
estimates the build-out volume on this section of PGA Boulevard of 60,354. This
volume is equivalent to 57,354 without the City Center Linkages Plan.
Mr. Sean Donahue, P.E.
PARCEL 5B
August 9,2000
Page 3 of 3
No develoDment order for more than 6, 98 daily trips may be issued until the County
adopts a CULLS for PGA Boulevard from Victoria Gardens Drive to Fairchild
Gardens Drive exceeding 57,354 and the City Center Linkage Plan is funded. The City
Center Linkages Plan is not assured construction. Approval above the 6,398 trip limit
will also be contingent on the execution of a public facilities agreement for the funding
of the roadway improvements.
For the roadway improvements that are not identified as assured construction, any
approval from Palm Beach County will be contingent on the a public facilities
agreement with Palm Beach County for the funding of the roadway improvements in
a form acceptable to the County Engineer. In the event this do not happen this approval
shall be nullandvoid. The conditions should also be included in the development order
issued by Palm Beach Gardens.
Please contact me if you have any questions regarding this review.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
Dan Weisberg, P.E.
Assistant Director - Traffic Division
cc. George T. Webb, P.E., County Engineer
Charles R. Walker, P.E., Director - Traff'ic Division
Maria Palombo, P.E., MTP Group
Yvonne Ziel, P.E., Yvonne Ziel Traffic Consultants
File: General - TPS - Mun - Traffic Study Review
F:\TRAFFIC\apf\tps\99 I 16app.wpd -TAZ
MTP Group, Inc.
12798 firest Hill Boulevwd, Suite 303
West pelm Beach, FL 33414
hone: (561) 795-0678 Telefax: (561) 795-0230
MEMORANDUM
To: Sean C. Donahue, P.E.
Lindahl, Browning, Ferrari & Hellstrom, Inc.
&bP- From: Marla M. Tejera, P.E.
- Date: August 17, 2000
Subject: Parcel 5B
We have reviewed the traffic impact analysis (dated June 26,2000) for the project entitled P&
pursuant to the City of Palm Beach Gardens Traffic Performance Standards. The project is
located west of Alternate A1A between PGA Boulevard and RCA Boulevard in the City of Palm
Beach Gardens. The proposed development plan consists of 150,000 square feet of retail, 100,000
square feet of offices and 50,OOO square feet of light industrial use and is projected to buildout by
2003.
As the traffic impact analysis indicates, the project needs the installation of a westbound right-
turn-lane at the project entrance on RCA Boulevard (eastlwest) and a southbound left-turn-lane
at the project entrance on RCA Boulevard (north/south). These exclusive lanes should be shown
in the site plan with appropriate storage length to assure proper staking of project traffic.
The Palm Beach County Traffic Division has prepared a letter to indicate compliance with the
Traffic Performance Standards of Palm Beach County subject to certain conditions. We also find
this project in compliance with the City of Palm Beach Gardens Traffic Perfomance Standards
subject to phasing of the project as indicated in the traffic study.
It should be noted that the comments above pertain to Trafic Pe#onnance Standards, the City of
Palm Beach Gardens may impose arldtional traflc conditions in the Development Order to assure
safe, convenient and orderlyfrow of vehicular tranc within the City.
SOUTH FLORIDA
REGIONAL
TRANSPORTATION AUTHORITY ’ - I‘.RTAi c &
‘P 800 NW 33rd Street, Suite 100 I Pompano Beach, Florida 33064 ! P 954/942-7245 I F 954/788-7878 i www.shta.fl.gov
November 1,2004
Mayor Eric Jablin
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
RE: Parcel 5BLFuture Tri-Rail Station
Dear Mayor Jablin:
NOV I fi 2004
The South Florida Regional Transportation Authority (SFRTA) enthusiastically supports
the City of Palm Beach Gardens’ initiative to anticipate a future Tri-Rail station and
transit oriented development as part of the “RCA Center” project (also known as “Parcel
5B). The City has demonstrated considerable leadership in working with the developer
on the design and phasing of the site in a manner that will nicely accommodate and
support a hture transit station and encourage ridership. We are of the understanding that
a retrofit of the currently proposed site plan would be necessary to accommodate such a
Tri-Rail station.
As you may be aware, the SFRTA is currently working with the Florida Department of
Transportation (FDOT) to identify future station locations along the planned extension of
Tri-Rail northward. This “Alternatives Analysis” of the Florida East Coast Railroad
Corridor is anticipated to be completed in three to four years. The collaborative planning
by the City and developer to accommodate a future station on the subject property will be
a key advantage for this location to be selected, especially given the limited number of
feasible alternate locations in the surrounding area.
Upon the completion of the Alternatives Analysis, the SFRTA will promptly notify the
City and the developer in writing whether it was determined that (1) the SFRTA and the
FDOT will move forward with a transit station at the subject location in a cooperative
effort with the City and the developer, or (2) the subject location is not a feasible option
for a transit station. Once the Alternatives Analysis is completed, the SFRTA is
confident that service will be extended into northern Palm Beach County within five to
ten years, depending on funding availability.
BOARD OF DIRECTORS Dr Barbara M Carey-Shuler I James A Cummtngs I Allen C Harper ;&fk#b$get bleff ioons
John Martinez I Michael D Masanoff I Lori Nonce Parrish I Bill T Smith, Jr , Esq I EXECUTIVE DlRECTORToseph Giulietti
\
I
/
-4-
1 I' Mayor Eric Jablin
November 1,2004
Page 2
This proposal is of local and regional importance. The SFRTA looks forward to
collaborative efforts with the Treasure Coast Regional Planning Council, City of Palm
Beach Gardens, and the developer in the modification of the site plan to accommodate
the potential Tri-Rail station.
If the SFRTA can be of any assistance in this matter or if questions arise, please do not
hesitate to contact me at (954) 788-7918 or Michael Williams of my staff at (954) 935-
1928.
WExecutive Director
cc: Annie Marie Delgado, Palm Beach Gardens City Council Member
David Levy, Palm Beach Gardens City Council Member
Ron Ferris, City Manager of Palm Beach Gardens
Charles Wu, Planning Director of Palm Beach Gardens
Commissioner Jeff Koons, Palm Beach County
Commissioner Karen Marcus, Palm Beach County
Rick Chesser, Florida Department of Transportation District Secretary
Scott Seeburger, Florida Department of Transportation Special Projects Manager
Dan Weisberg, Palm Beach County Engineering
Randy Whitfield, Palm Beach Metropolitan Planning Organization Director
John Gary, Esquire
Michael Busha, Treasure Coast Regional Planning Council Executive Director
Michael Williams, SFRTA Planning & Capital Development Director
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ORDINANCE 44,2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO REZONING;
REZONING A PARCEL OF LAND (KNOWN AS PARCEL 5B)
CONSISTING OF 30 ACRES, MORE OR LESS, LOCATED AT THE
SOUTHWEST CORNER OF ALTERNATE AIA AND PGA
BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN,
FROM A RESEARCH AND LIGHT INDUSTRIAL PARK (MI) ZONING
DESIGNATION TO A MIXED USE PLANNED UNIT DEVELOPMENT
(MXD PUD) OVERLAY ZONING DESIGNATION WITH AN
UNDERLYING ZONING DESIGNATION OF MIXED USE (MXD), TO
BE KNOWN AS THE “RCA CENTER PUD”; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application (PUD-04-
04) from Mr. William D. Waters of REG Architects, Inc., on behalf of RCA Center II,
LLC, for a rezoning to a Mixed Use Planned Unit Development (MXD PUD) with an
underlying zoning district of Mixed Use (MXD) for the approximately 30-acre site,
generally located on the southwest corner of Alternate AIA and PGA Boulevard, which
lies within the municipal boundaries of the City of Palm Beach Gardens, as more
particularly described herein; and
WHEREAS, the subject site is currently zoned Research and Light Industrial
Park (MI) and has a land-use designation of Mixed Use (MXD); and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
WHEREAS, the Planning, Zoning and Appeals Board held a public hearing on
November 23,2004 and has recommended approval of the rezoning to the City Council;
and
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, the City’s Land Development Regulations, is authorized and empowered to
consider petitions related to zoning and land development orders; 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; and
. -” ~ I
Date Prepared: November 9,2004
Date Prepared: November 9,2004
Ordinance 44, 2004
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WHEREAS, the City Council has determined that this Ordinance is consistent
with the City’s Comprehensive Plan based on the following findings of fact:
1. The proposed Mixed Use Planned Unit Overlay rezoning is consistent with
the future land-use designation of Mixed Use.
2. The applicant has met the Mixed Use Planned Unit Development
requirements as set forth in Comprehensive Plan Policy 1 .I .I .3.
3. The proposed rezoning is in harmony with the general purpose and intent
of the Comprehensive Plan and is compatible with the intensity and
density of the surrounding existing and future land uses.
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 City Council of the City of Palm Beach Gardens, Florida
hereby approves the rezoning of the parcel of land, as more particularly described
below, from a zoning designation of Research and Light Industrial Park (MI) to a Mixed
Use Planned Unit Development (PUD) Overlay with an underlying zoning district of
Mixed Use (MXD):
LEGAL DESCRIPTION:
ALL OF THE PLAT OF THE MACARTHUR PARCEL 5B, RECORDED IN PLAT BOOK
96, PAGE 79, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING IN ALL 1,308,146 SQUARE FEET OR 30.03 ACRES, MORE OR LESS.
SECTION 3. The City Manager is hereby authorized and directed to make
appropriate changes on the zoning district map of the City to effectuate the purpose of
this Ordinance.
SECTION 4. This approval expressly incorporates and is contingent upon all
representations made by the applicant or applicant’s agent(s) at any workshop or public
hearing.
SECTION 5. This Ordinance shall become effective immediately upon adoption.
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Date Prepared: November 9,2004
Ordinance 44, 2004
PASSED this day of , 2004, upon first reading.
PASSED AND ADOPTED this day of ,2004, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Eric Jablin, Mayor
Joseph Russo, Vice Mayor
Annie Marie Delgado, Councilmember
David Levy, Councilmember
Hal Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDlNANCES\rca center pud - Ord 44 2004.doc
FOR AGAINST ABSENT
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RESOLUTION 21 6,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
PROPERTY, KNOWN AS THE “RCA CENTER PUD” (A.K.A.
“PARCEL SB”), LOCATED AT THE SOUTHWEST CORNER OF
ALTERNATE AIA AND PGA BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE
DEVELOPMENT OF 150,000 SQUARE FEET OF RETAIL USE,
100,000 SQUARE FEET OF OFFICE USE, AND 50,000 SQUARE
FEET OF INDUSTRIAL USE; PROVIDING FOR WAIVERS;
PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVID‘ING
AN EFFECTIVE DATE.
DEVELOPMENT PLAN FOR THE APPROXIMATELY 30-ACRE
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City’s Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, the City has received an application (PUD-04-04) from Mr. William
D. Waters of REG Architects, Inc., on behalf of RCA Center II, LLC, for master
development approval to allow the development of 150,000 square feet of retail use,
100,000 square feet of office use, and 50,000 square feet of industrial use on an
approximately 30-acre parcel of land, known as “Parcel 5B,” generally located on the
southwest corner of Alternate AIA and PGA Boulevard, as more particularly described
herein; and
WHEREAS, the subject site has been rezoned to a Mixed Use Planned Unit
Development (MXD PUD) with an underlying zoning of Mixed Use (MXD); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and is consistent with the City’s Comprehensive Plan
and Land Development Regulations, and has recommended its approval; and
WHEREAS, the Planning, Zoning and Appeals Board reviewed said petition at its
November 23,2004, meeting and recommended its approval; 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 Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
Date Prepared: November 9,2004
Resolution 216, 2004
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Master Development Plan application of Mr. William D. Waters
of REG Architects, Inc., on behalf of RCA Center II, LLC, is hereby APPROVED on the
following real described property, to permit the development of 150,000 square feet of
retail use, 100,000 square feet of office use, and 50,000 square feet of industrial use on
an approximately 30-acre parcel of land, known as “Parcel 5B,” generally located on the
southwest corner of Alternate AIA and PGA Boulevard, subject to the conditions of
approval contained herein, which are in addition to the general requirements otherwise
provided by ordinance:
LEGAL DESCRIPTION:
ALL OF THE PLAT OF THE MACARTHUR PARCEL 5B, RECORDED IN PLAT BOOK
96, PAGE 79, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING IN ALL 1,308,146 SQUARE FEET OR 30.03 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following three (3) waivers:
1.
2.
3.
Section 78-563, Lake maintenance tracts, to allow encumbrances with
certain Lake Maintenance Easements (LME) in specific areas identified on
the approved development plan.
Section 78-285, Permitted signs, to allow for certain retail tenants in
buildings containing multiple street frontages to have two (2) signs per
tenant, and buildings containing multiple street frontages to have two (2)
principal tenanVbuilding ID signs, subject to the conditions relating to the
same contained herein.
Section 78-285, Permitted signs, to allow for principal tenantlbuilding ID
signs to be located above the first story.
SECTION 4. Said approval is subject to the following conditions, which shall be
the responsibility of the applicant, its successors, or assigns:
Enqineerinq
1. Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide written authorization from utility
owners allowing landscaping within their existing and/or proposed utility
easements. (City Engineer)
2
Date Prepared: November 9,2004
Resolution 216,2004
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2. Prior to the issuance of the first land alteration permit, the applicant shall
provide a Roadway Signage and Marking Plan for review and approval.
(City Engineer)
3. Prior to the issuance of the first land alteration permit, the applicant shall
provide a Photometric Plan, signed, and sealed by a professional engineer
licensed in the State of Florida, meeting the requirements of LDR Section
78-182. Said plan shall provide pedestrian scale lighting along all walkways
and thoroughfares, including PGA Boulevard. (City Engineer)
4. Prior to the issuance of the first land alteration permit, the applicant shall
provide a construction plan for review and approval. All plans and support
documentation, submitted by the applicant for review by the City Engineer,
shall be signed and sealed by a professional engineer licensed in the State
of Florida, in accordance with Section 78-448 of the LDR. (City Engineer)
5. Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide a paving, grading and drainage
plan along with surface water management calculations and hydraulic pipe
calculations for City review and approval. The paving, grading and drainage
plan, and calculations shall be signed and sealed by a professional engineer
licensed in the State of Florida. (City Engineer)
6. Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide a cost estimate for the project,
including public infrastructure and all landscaping and irrigation costs for
review and approval by the City in order to establish surety. The cost
estimate shall be signed and sealed by an engineer and landscape architect
registered in the State of Florida. Surety will be based on 11 0% of the total
combined approved cost estimates and shall be posted with the City, prior
to the issuance of the first land alteration permit. (City Engineer)
7. Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide a cost estimate for the on-site
project improvements, not including public infrastructure, landscaping and
irrigation costs for review and approval 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 land alteration permit. (Building)
8. The applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
9. The applicant shall provide the City copies of all permit applications and
approvals. (City Engineer)
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Date Prepared: November 9,2004
Resolution 216,2004
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IO. The applicant shall comply with all Federal Environmental Protection
Agency (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 (BMP) for construction activities, submission of a
Notice of Intent to EPA or their designee, implementation of the approved
plan, inspection and maintenance of controls during construction, and
submission of a stormwater Notice of Termination. (City Engineer)
11. The construction, operation, and/or maintenance of any elements of the
subject project shall not have any negative impacts on the existing drainage
of surrounding areas. If, at any time during the project development, it is
determined by the City that any of the surrounding areas are experiencing
negative drainage impacts caused by the project, it shall be the applicant's
responsibility to cure said impacts in a period of time and a manner
acceptable to the City prior to additional construction activities. (City
Engineer)
12. The applicant shall comply with any and all Palm Beach County Traffic
Division conditions as outlined in the PBC Traffic Division concurrency
approval letter issued for this property. (City Engineer)
13. Prior to the issuance of the first land alteration permit, the applicant shall
schedule a pre-permit meeting with City staff. (City Engineer)
14. Kyoto Gardens Drive
a. The applicant shall deliver to the City the sum of $5.2 million to ensure
the construction of the Kyoto Gardens Drive Extension, which shall
consist of a four (4)lane roadway, approximately 2,300 feet in length,
connecting Military Trail to Alternate AI A, including an at-grade crossing
of the FEC trackbed.
b. The applicant shall continuously and diligently work with the City and the
required outside agencies in order to obtain the issuance of all
necessary permits in order to begin construction of Kyoto Gardens Drive
on or before March 31, 2005.
c. The applicant shall deliver assurances, in a form acceptable to the City
Attorney, from the owners of Parcel 5A that the City will be permitted to
expand the existing lake north of the Kyoto Gardens Drive right-of-way
for the purposes of providing drainage for the Kyoto Gardens Drive
roadway and to provide the fill for construction of the roadway at no cost
and without restriction.
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Date Prepared: November 9,2004
Resolution 216, 2004
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d. The applicant shall deliver assurances, in a form acceptable to the City
Attorney, from the owners of Parcel 5A that they will sign and support all
permit applications as required to design and build Kyoto Gardens Drive.
e. The applicant shall ensure that the owners of Parcel 5A will designate
the locations for installation of up to four (4) utility crossings under the
Kyoto Gardens Drive no later than January 1, 2005. If the locations are
not designated by that date, the City will determine the location of no
more than four (4) utility casings.
15. 5B Road
a. The applicant shall, prior to the issuance of any building permits for
Parcel 5B, dedicate by plat and deliver a deed in a format acceptable to
the City Attorney, conveying an eighty (80) foot right-of-way for that
portion of Northcorp Drive that is shown on the Linkage Plan between
the present northern terminus of said road and Parcel 5A, hereinafter
referred to as the “5B Road”.
b. The applicant shall, prior to the issuance of the first Certificate of
Occupancy for Parcel 5B, design, build, and construct the “5B Road” as
a two (2) lane divided roadway with landscaped median within a fifty (50)
foot right-of-way. The east fifteen (15) feet and the west fifteen (15) feet
of the eighty (80) foot right-of-way may be utilized for landscape buffer
calculations and setback requirements.
c. The applicant shall deliver to the City the sum of $1,300,000.00 to
secure the design and construction of the 58 Road.
16. 5A Road
a. The applicant shall, prior to the issuance of any building permits for
Parcel 5B, dedicate by plat and deliver a deed in a format acceptable to
the City Attorney, conveying an eighty (80) foot right-of-way for that
portion of Northcorp Drive that is shown on the Linkage Plan connecting
the 5B Road to Kyoto Gardens Drive, hereinafter referred to the “5A
Road”.
b. The applicant shall, prior to the issuance of the first Certificate of
Occupancy for Parcel 5A, design, build, and construct the “5A Road” as
a two (2) lane divided roadway with landscaped median within a fifty (50)
foot right-of-way. The east fifteen (15) feet and the west fifteen (15) feet
of the eighty (80) foot right of way may be utilized for landscape buffer
calculations and setback requirements.
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Date Prepared: November 9,2004
Resolution 216, 2004
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c. The applicant shall deliver to the City the sum of $400,000.00 to secure
the design and construction of the 5A Road.
Landscapinq
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Police
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Within six (6) months of the issuance of the first clearing permit, the
landscaping shall be installed within (1) the medians and adjacent road
shoulders within the portions of PGA Boulevard and RCA Boulevard
adjacent to the Property; and (2) the landscape buffers along PGA
Boulevard, RCA Boulevard, and Alternate AI A. The Growth Management
Administrator shall be authorized to grant a one-time, three (3) month
extension to this requirement upon demonstration by the applicant of a
good-faith effort to satisfy the same in a timely manner. (City Forester)
Prior to the issuance of the first Certificate of Occupancy, the landscaping
shall be installed within the medians and road shoulders within both the
north/south and the east/west thoroughfares within the Property. (City
Forester)
The applicant, its successors, or assigns shall be responsible for the
maintenance of the landscaping within (1) the medians and adjacent road
shoulders within the portions of PGA Boulevard and RCA Boulevard
adjacent to the Property; and (2) the medians and road shoulders within
both the northlsouth and the east/west thoroughfares within the Property.
(City Forester)
In the event the City of Palm Beach Gardens, or another entity, forms a
special district pertaining to the landscape maintenance of contiguous
rights-of-way, then the RCA Center Property Owners Association, its
successors, or assigns shall automatically become a member of such
special district. This condition may be amended at any time by separate
agreement between the applicant and the City of Palm Beach Gardens.
(City Forester)
The installation of the covered parking structures, if approved by the City
Council, shall not conflict with landscaping, including long-term tree growth.
(City Forester)
Lighting shall not conflict with landscaping, including long-term tree growth.
(Police)
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Date Prepared: November 9,2004
Resolution 216,2004
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23. All lighting for streets, parking lots, parking garages, and pedestrian
walkways shall be metal halide. Metal halide lighting shall be used for the
multi-use pathways and sidewalks within the site and shall be lit at a
minimum of 0.6-foot candles. (Police)
24. Non-glare building lighting shall be installed around the entire building
perimeter and on pedestrian walkways. (Police Department)
25. Entry signage shall be lighted. (Police)
26. Timer clock or photocell lighting shall be provided for nighttime use above or
near entryways and all exits, including emergency exits. (Police)
27. Numerical addresses shall (1) be illuminated for nighttime visibility and be
unobstructed; (2) have bi-directional visibility from the roadway; and (3) be
placed at the front and rear of each business. (Police)
28. All structures shall use the following target hardening techniques:
a.
b.
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Buildings shall be pre-wired for an alarm system.
Doors shall be equipped with metal plates over the threshold of the
locking mechanism.
Glass perimeter doors shall be equipped with case hardened guard
rings to protect the mortise lock cylinder.
Rear doors shall have 180-degree peephole viewers.
All perimeter doors shall be equipped with hinges that utilize non-
removable hinge pins. (Police Department)
29. Prior to the issuance of the first building permit for vertical construction, the
applicant shall work with the Police Department to develop a high-resolution
color digital closed-circuit security surveillance system with monitoring and
photo printout capabilities. The Police Chief shall have final approval on the
required number of cameras and locations thereof within the site. (Police)
Planning and Zoning
30. Within ninety (90) days of (the effective date of Resolution 216,
2004), the applicant shall submit revised development plans to include the
items listed below. Said development plans shall be approved
administratively by staff so long as (1) all items listed below are included on
the development plans to the satisfaction of the Growth Management
Administrator; and (2) any exterior building modification(s) is architecturally
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Date Prepared: November 9,2004
Resolution 216, 2004
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consistent with the approved buildings. Should any of the aforesaid not be
adequately satisfied, the revised development plans shall be reviewed and
approved by the City Council by way of an amendment to the PUD’s master
plan of development. No building or land clearing permits shall be issued
until revised plans have been approved.
a.
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The applicant shall revise the building elevations to include three (3)
color palettes for the buildings on site.
The applicant shall revise the building elevations to include at least one
(1) additional roof type within the project.
The applicant shall revise the easternmost landscape buffer adjacent to
the parking area so that a maximum of five (5) feet of the buffer is
encumbered by utility easements.
The applicant shall revise the building elevations to clearly reflect all
exterior building colors and materials.
The applicant shall submit an amenities package that includes
illustrations and details of project-wide shared elements, including
common hardscape themes, street furniture, lighting fixtures, special
intersections, plazas, fountains, decorative trellises, and thoroughfare
enhancements. A “Key Plan” depicting the location of the amenities on
site shall also be included.
The applicant shall revise the site plan to include a vehicular connection
between the Property and the Gardens Station West parcel to the south.
Said connection shall align with the northlsouth drive isle immediately
west of Building #IO.
The applicant shall remove from the development plans the
southernmost access drive into the subject site from RCA Boulevard.
The applicant shall submit a revised site plan that shows an alternate
location for the thirteen (13) covered parking spaces that are currently
located 100 feet from PGA Boulevard. The alternate location for the
covered parking spaces shall not be located within one hundred (100)
feet of any public right-of-way.
The applicant shall submit a lighting plan, signed and sealed by a
professional engineer registered in the State of Florida, that includes
pedestrian scale lighting along all pedestrian walkways and
thoroughfares, including PGA Boulevard.
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Date Prepared: November 9,2004
Resolution 216, 2004
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j. The applicant shall provide additional landscaping within the vacant area
north of Building #2 to the satisfaction of the City Forester.
k. The applicant shall include additional pedestrian connections within the
parking areas on site as shown in the graphic relating to the same
contained in the staff report for this petition, dated November 9, 2004.
Landscaping and pedestrian thoroughfare enhancements (i.e. benches,
trellises, etc.) shall be provided along said pedestrian connections.
I. The applicant shall provide additional pedestrian linkages between the
buildings along RCA Boulevard and the sidewalk along said roadway.
At a minimum, sidewalks shall be included at every building entrance
along RCA Boulevard, as reflected on the building elevations.
m. The applicant shall provide at least twenty (20) additional pedestrian
benches throughout the site and label them on the plan accordingly.
n. The applicant shall include a bus shelter easement on site in
accordance with the Palm Tran letter dated May 18, 2004, on file with
the Growth Management Department, relating to the same.
0. The applicant shall submit a revised signage program that adequately
reflects the signage requirements approved by the City Council for the
subject property through the adoption of Resolution 21 6, 2004.
31. All rooftop mechanical equipment shall be screened from view. (Planning &
Zoning )
32. Within sixty (60) days of a written determination from Palm Tran that a bus
shelter will be utilized on the subject site, the applicant, its successors, or
assigns shall submit an application for an administrative approval to allow
for review and approval of the site plan, landscape plan, and building
elevations for the bus shelter. The bus shelter design shall be consistent
with the City Council’s previous approval of such shelters. The applicant, its
successors, or assigns shall be responsible for the construction of a bus
shelter in a timely manner to accommodate Palm Tran’s needs for the
same. (Planning & Zoning)
33. Each building shall be allowed two (2) building identification or principal
tenant signs, so long as (1) said signs are not located on the same building
elevation; and (2) the second of the two signs has a copy area of no more
than seventy-five percent (75%) of the first sign. (Planning & Zoning)
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Date Prepared: November 9,2004
Resolution 216,2004
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Retail ground floor users shall be allowed a maximum of two (2) signs per
tenant, only if (I) any two signs for the same tenant are not located on the
same building elevation; and (2) said signage is affixed directly to the
elevation of the tenant bay it identifies. (Planning & Zoning)
Prior to the issuance of the first building permit, the Property shall be re-
platted. Said re-plat shall dedicate the thoroughfares within the property to
the City. (Planning & Zoning)
Wall signs shall not exceed seventy percent (70%) of the immediate vertical
and horizontal surface area to which they are attached. (Planning and
Zoning )
Shopping carts shall not be permitted on site. (Planning & Zoning)
Medical or Dental Office use is not allowed unless the applicant submits a
traffic equivalency analysis for review and approval by the City Engineer.
The applicant shall also be required to demonstrate compliance with parking
requirements of the City Code. (Planning & Zoning)
Prior to the issuance of each occupational license or building permit for
interior renovations of tenant spaces, the applicant or its agent shall submit
a breakdown by use (retail, office, and industrial) of the gross square
footage for lease for approval by the Planning and Zoning Division to ensure
compliance with the City’s Nonresidential Mixed Use Planned Unit
Development intensity measures. (Planning €4 Zoning)
Outdoor storage within the site is prohibited. (Planning & Zoning)
Uses on site shall be limited to those uses allowed within the PGA
Boulevard Corridor Overlay, as may be amended from time to time.
(Planning & Zoning)
No striped awnings shall be permitted on site. (Planning & Zoning)
Prior to issuance of the first building permit, the applicant shall comply with
Section 78-262 of the City Code relative to Art in Public Places. The
applicant shall provide art on site or make a payment in lieu thereof. The
Art in Public Places Committee shall review and make a recommendation to
the City Council on any proposed art on site. If the applicant is providing
public art on site, the art shall be installed prior to the issuance of the first
Certificate of Occupancy. (Planning & Zoning)
10
Date Prepared: November 9, 2004
Resolution 216,2004
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44 Within ninety (90) days of the approval of the subject petition, the applicant
shall work in conjunction with the Treasure Coast Regional Planning Council
(TCRPC), the South Florida Regional Transportation Authority (SFRTA),
and the City to make any and all necessary modifications to the
development plans for the portion of land lying east of the North/South Road
to accommodate the potential of a Tri-Rail transit station. Said modifications
shall be approved administratively by staff so long as any exterior elevation
changes are architecturally consistent with the approved buildings. Should
the final results of the Jupiter Corridor Alternatives Analysis determine that a
Tri-Rail station will be constructed on the subject property, the applicant, its
successors or assigns shall work cooperatively with the SFTRA and the City
to facilitate the construction of said station and all ancillary uses/structures
in a timely manner. (Planning & Zoning)
Miscellaneous
45. Required digital files of the approved replat shall be submitted to the
Planning and Zoning Division prior to the issuance of the first building
permit, and approved civil design and architectural drawings shall be
submitted prior to the issuance of the first Certificate of Occupancy. (GIs
Manager, Development Compliance Officer)
46. Prior to the issuance of the first Certificate of Occupancy, the master
property owners association documents and restrictions shall be furnished
by the applicant to the City Attorney for review and approval prior to such
documents being recorded in the Public Records of Palm Beach County.
(City Attorney)
SECTION 5. Said Planned Unit Development shall be constructed in compliance
with the following plans on file with the City’s Growth Management Department:
1. Sheets 1 through 12 of 12: Site Plan and Landscape Plan, prepared by
Cotleur Hearing, last revised on November 9, 2004, and received and
stamped by the City on November 10,2004.
2. RCA Center Architectural Package, prepared by REG Architects, Inc., last
revised on July 1, 2004, and received and stamped by the City on
November 9,2004.
3. RCA Center Signage Package, prepared by REG Architects, Inc., last
revised on November 9, 2004, and received and stamped by the City on
November IO, 2004.
SECTION 6. Said approval shall be consistent with all representations made by
the applicant or applicant’s agents at any workshop or public hearing.
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Date Prepared: November 9,2004
Resolution 216, 2004
SECTION 7. This Resolution shall become effective immediately upon receipt by
the City of all of the following items: the payments described in conditions 4A, 5C, and
6C and acceptable documentation described in conditions 4C and 4D.
PASSED AND ADOPTED this day of ,2004.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR JABLIN ---
VICE MAYOR RUSSO ---
COUNCILMEMBER DELGADO ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
G:\attorney-share\RESOLUTIONS\rca center pud - Reso 21 6 2004.doc
12
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 16,2004
Meeting Date: December 2,2004
Resolution: 223,2004
SubjectlAgenda Item:
Award a contract for electrical services related to sports lighting to Davco Electrical
Contractors Corporation for an amount not to exceed $625,000 via an existing contract with
the School District of Palm Beach County (No. 01 C-23J).
[XI Recommendation to APPROVE
I] Recommendation to DENY
Reviewed by:
City Attorney d
Submitted by:
~ ~~
Originating Dept.:
Community Services -
Parks Division
Parks Director
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
\
[ x ] Not required
Costs: $625,000
(Total)
$625,000
Cw rren t FY
Funding Source:
[ X ] Operating
[ ]Other
Significant
reimbursement should
be anticipated through
City Insurer and FEMA.
Budget Acct.#:
001.2080.519.4600
Council Action:
[ ]Approved
[ ] Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 223,2004
Exhibit A: Davco
Electric Proposal
0 Exhibit B: School
District of Palm
Beach County (No.
01 C-23J).
[ ]None
Date Prepared: November 16,2004
Meeting Date: December 2,2004
Resolution: 223,2004
BACKGROUND:
The following is a request for funding not to exceed $625,000 to complete the required
sports lighting repairs at all lighted city parks impacted by recent hurricanes. Although the
City of Palm Beach Gardens was fortunate to avoid the major repairs associated with
losing multiple poles, it did suffer extensive damage primarily to fixture replacement and
electrical repairs. These fixtures are extremely expensive items and the expertise to install
them is a costly specialty.
Davco Electric performed an initial assessment on the lighting systems. First, they
completed a security check to insure the safety of fixtures, poles, ballasts from becoming a
potential hazard. Second, Davco Electric inspected the lighting system to be eligible for
temporary use. Third, Davco Electro completed full surveys of the necessary work to form
reliable estimates based on School District of Palm Beach County’s contract costs and
standards.
Presently, some of the Gardens Park fields and Plant Drive Park baseball field and
basketball courts are not sufficiently illuminated to allow nighttime play. Therefore, there is
an immediate need of repairs to ensure these sites and others be properly illuminated for
children and adults during spring sports programming hours.
STAFF RECOMMENDATION: Approve Resolution 222, 2004 awarding a contract for
electrical services related to sports lighting to Davco Electrical Contractors Corporation for
an amount not to exceed $625,000 via an existing contract with the School District of Palm
Beach County (No. OlC-23J).
Date Prepared: November 15,2004
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RESOLUTION 223,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AWARDING A PIGGYBACK
CONTRACT TO DAVCO ELECTRICAL CONTRACTORS
CORPORATION FOR SPORTS LIGHTING REPAIRS AT SEVEN
CITY PARK FACILITIES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, due to the recent hurricanes, sports lighting damage was sustained
at seven City parks; and
WHEREAS, it is critical to repair such sports lighting at the parks due to the
upcoming spring recreational activities; and
WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to
“piggyback an agreement awarded by another governmental agency pursuant to a
competitive sealed bid; and
WHEREAS, the City has received quotes from Davco Electrical Contractors
Corporation, a copy of which is attached hereto as Exhibit “A’; 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
award a contract to Davco Electrical Contractors Corporation based on an agreement
executed by the School District of Palm Beach County effective October 13, 2000, a
copy of which is attached hereto as Exhibit “B”; and
WHEREAS, based on the recommendation of City staff, the City wishes to award
a contract to Davco Electrical Contractors Corporation to provide such services.
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 awards a contract for the repair of the
sports lighting in seven City parks to Davco Electrical Contractors Corporation in an
amount not to exceed $625,000, and authorizes the Mayor and City Clerk to execute an
agreement acceptable to the City Attorney with Davco Electrical Contractors
Corporation.
SECTION 3. This Resolution shall become effective immediately upon adoption.
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Date Prepared: November 15,2004
Resolution 223, 2004
PASSED AND ADOPTED this day of ,2004.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR JABLl N
VICE MAYOR RUSSO
---
---
COUNCILMEMBER DELGADO ---
COUNCILMEMBERLEVY ---
COUNCILMEMBERVALECHE ---
\\Pbgsfile\Attorney\attorney_share\RESOLUTlONS\piggyback - davco electric - sports lighting - reso 223 2004.doc
2
d
Date Prepared: November 16,2004
Meeting Date: December 2,2004
Resolution: 223,2004
EXHIBIT A
DAVCO ELECTRIC PROPOSAL
SITE FACILITY
BRCC Trail $11.000
ESTIMATE
1 io00
Gardens Park 1 19,425
2 15,654
3 1 1,085
4 28,720
5 16,323
6 20,893
7 17,029
8 22,820
15 1,949
Mock Soccer
I Lilac I BB 14.547
East 44,284
West 85,520
281,753
(43 3,702)
I I
Lake Catherine I 1-4 6,160
lvllraSOl
PGA
MP 1 3,554
MP 2 12,074
SF3 8.532
I
--
BKB
20-976
-7- - -
2,866
27,026
2
I Plant Drive I RH1 1 3.484
6,220
27,196
RH2
BB
6.028
38,476
75-473
ll"Y Y7 LUUT LT.VU
I g0000000 0
2 U. N+ I ow oo0i;;oo~o
llUY UT LUU-r . ..
B? 8a
OOOrnOB
U
I! 8k
$9 8
OOaiiOOQo M
d ~0000000 0 06 oa omoooc. U N-r
d t b
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P* 5 NOV 13 ZUU4 14:33 UHVL'O ELtCTRlCflL CONTRACT [561) 533-6967
Date Prepared: November 16,2004
Meeting Date: December 2,2004
Resolution: 223,2004
EXHIBIT B
SCHOOL DISTRICT OF PALM BEACH COUNTY
CONTRACT
F3cJ
L/bL/ sw PURCHASING Fax: 561-963-3823 Jul 22 2004 15:34 P. 01
DATE:
TO
FAX NO.:
FROM:
July 22, 2004 '
,
5338W7
SUBJECT: EXPIRING CONTRACT . Contract Number: 61%-23~ TERM CONTRACT FOR ELECTR1CAL CONTRACTORS.
. SERVICES AND .INSTALLATION
Contract TIHe:
Expiration Pate: Decem bw f7,2004
Your company was awarded mitho above li&d bld, We wish to datermine If your company
wishes to mew thia ~on@ct with the School DsW for an addltionel per. Pleaqe.chcck the
appropriate line below, and return thjb form to my ofice by Thursday, July 29,2004.
yyy Contvuct may ljb,renewad for one year. I wrdtrstaMT that speclficationa, terms, cdnditlorrb, and pricing will remain me iame for tho mddltionat
pertod of the mnlract,
I do not wish to renew this contract, -
You may fqx response to 561-963-3853
Q: file
. AN EQUAL OPPO~UNITY EWLOYER
!* Ai ..
-
- mvrmmm TO BID
aidder Acknowi edgement PURCHASING DEPAR TM€NT
3,726 Forssi Hiil Boulevard, Suite C-216 .West Palm Baach, FL 33406-5873
1 t L.
aiD NO 01C-23J Oate: ,Octobw 13. 2000
BID nxE: TERM COMRACT FOR ELECTRIZAL CONTRACTORS - SERViCES AN3 fNSTALLATlON
I 1 Davco El ectri ca 7 Contractors Gorp.
fffVJTATlON TO BID
GENERAL CONDTTf,ONS, INSTRUCTIONS AN5 IMF0RMATIi)rt' FUR BIDDERS
A
in a grade or qual of material only it is not the District's intent to rule out o8er com etion itxerefore the phrase OR ACCEPTABLE EQUAL is added. However a priduct .oth& than that specified is bid, it is the vendor's responsibiilty to submit with the bid brochures samples andlor detailed specificatlons on items bld. The District shall be'the sole judge concerning the merits of bid submitted.
Bidder shall indicate on the bid form the manufacturer's name and number if blddin other than the specified brands and shall indicate ANY deviation from tt?e s cifications as listed. Other than specified items offered requires complete !&icriptive technical literature marked to indicate detail@) confor- mance with specifications.
SAMPLES DEMONSTRATIONS AND TESTING: A. Samdes of ltems. when reauired. must be furnished free of expense and
failure to comply with this condition will be considered as a breach of contract
ANTI-DISCRIMINATION: The bidder certifies that the are in com llance with the non-discrimination clause contained in Section 201, Executive &der 11246 as amended by Executive Order 11375 relative to equal employment opportuni: ty for all persons without regard to race, color religion, sex or national origin.
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if not destro ed will upon iequest be returned at the bidder's expense. Re uest for &e ieturn of the Sam iks must be indicated on his or her bid. Ea% Individual sample must be Pabeled with bidder's name bid number and item number. Failure of bidder to either deliver required samples or to clearly ldenti samples as indicated may be reason for rejection of the bid. Unless okwise indicated samples should be delivered to the Purchasing Department, School District of Palm Beach County.
When re uired the District may request full demonstrations of any units bid prlor(lo the'award of any contract.
ltems may be tested for compllance with s ecifications under the direction of the Florida Department of Ag&ulture and Consumer Services. or an independent testing laboratorv. Bidders shall assume full responslbility for 'a ment for Cny and an cha es for testin and analysis of any magials offered or delivered that % not conform?o the minimum required specifications. Bidder's disposition of ail items delivered In this category must be at no expense to the District
INSPECTION AND ACCEPTANCE: The successful bidder shall be responsible for delivery of ltems in ood condition at point destination. Bidder shall file with the carrier all cla?ms for breaka e imperfections and other losses which wlll be deducted from invoices. ah; District will ndte for the benefit 01 successful bidder when packa es are not received in ood'condition. In the event the materid and/or sedces su plied to the astrict is found to be defective or does not conform to spec&ations, the District reserves the ri ht to cancel the order upon written notice to the seller and retum the productto seller at the seller's expense.
DEFAULT PROVISION: In case of default by the bidder or contractor the District may procure the articles or services from other sources and hold the bldder or contractor responsible for any excess costs Incurred thereby.
COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyri hts or patent rights in manufacturin producin or selling the oods shippetor ordered as a result of this bid. S&er agreesqo hold the pur&aser harmless from any and all liability, loss or expense occasioned by any such violation.
MANUFACTURERS CERTIFICATION: The District reserves the right to request from bidders separate manufacturer certification of all statements made in the proposal.
BID ABSTRACTS: Bidders desiring a cop of bid tabulation may request it by enclosing a seif-addressed, stamped envelope with bid.
OCCUPATIONAL HEALTH AND SAFETY: Vendor as a result of award of this bid delivering any toxic substances item as 'defined In Florida Statute Ld2.102(21) shall furnish to the Purchasin Departmen a Material Safe Data Sheet (MSDS . The material safety da% sheet shai be provided wiz Initial shipment and shall be revlsed on a timely basis as appropriate.
The MSDS must include the following information:
A.
B.
C.
D.
E.
F.
The chemical name and the common name of the toxic substance.
The hazards or other risks in the use of the toxic substance including:
(I) The potential for fire, explosion, corrosively and reactidity;
(2) The known acute and chronic health effects of risks from exposure includlng the medical conditions which are eneraily recognized ai being aggravated by exposure to the toxic sutstance; and
(3) The primary routes of entry and symptoms of overexposure.
The proper recautions handling practices necessary personal protective equypment, an6 other safety precauiions in the use of or exposure to the toxic substances including appropriate emergency treatment in case of overexposure.
The emergency procedure for spills, fire, disposal and first aid.
A description In lay terms of the known speclfic potential health risks osed b the toxlc substance intended to alert any person reading this PnformaJon.
The year and month if available that the information was compiled and the name, address ind eme en; telephone number of the manufactur- er responsible for preparingxe injotmation.
OSHA The bldder warrants that the productlservices sup lied to the School DIstrl6t of Palm Beach Coun shall conform In ail res e& to the standards set forth In the Occupational 2afety and Health Act 1978, as amended, and the
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ADVERTISING: In submittlng a pro osai bidder agrees not to use the resuits therefrom as a part of any commercfai adbertising without prior approval of the School District
CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 Florida Statutes. All bidders must disclose with their bid the name of ani officer director or agent who is also an employee of the School Board of Palm Beadh County. Further, all bidders must disclose the name of an Board employee who owns directly or indirectly, an Interest of 5% or more in &e bidder's firm or any of bbranches.
DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the District shall be final and binding on both parties.
LEGAL REQUIREMENTS: Federal state coun and local iawa ordinances rules and regulations that in any danner'affect %e items covered herein a ply: Lack'of knowledge by the bidder will in no way be a cause for relief from responsibility.
SIGNED BID CONSIDERED AN OFFER This si ned bid shall be considered an offer on the art of the bidder, which offer stall be deemed accepted upon approval by tie Board. In case of a default on the part of the bidder after such acceptance the District may take such action- as it deems appropriate including ldgai action for damages or specific performance.
LIABILITY iNSURANCE LICENSES AND PERMITS: Where bidders are required to enter or 80 'onto Schooi District pro rty to deliver rnateriais or rform work or services as a result of bid awazthe bidder will assume the Ei duty obligation and ex ense of obtaining all hecessa licenses permits and insurance. Bidder shai be liable for any dama e oryoss to th; District incurred by bidder bidder's em io ees llcenses of tfe bidder or agent or any person the bidder'has desi na!edYin Completion of his or her contract as a result of their bid. further fjidder shall be liable for all activities of bidder occasioned by pet!fonnance of this bid. Not withstandin the foregoing the liability herein shall be limited to ten million dollars (f~OOOO000 an the bidder reco nizes that and covenants that it has received'conbideration for indemnificaion provided herein.
SPECIFICATIONS: Any omissions of detail specifications stated herein that would render the materials/service from use as specified will not relieve the bidder from responsibility.
BID BONDS AND PERFORMANCE BONDS: Bid bonds when required shall be submitted with the bid in the amount specified in Special Conditidns. Bid bonds will be returned to unsuccessful bidders. After award of contract, the District will notify the successful bidder to submit a performance bond In the amount s ecified In S ecial Conditions. of the performance bond, the gid bond will ge returned to the su%%%fier.
PAYMENT Payment will be made after the itemslservices awarded to a vendor have been receivedkompieted ins cted and found to comply with award specifications, free of damage dr def% and properly invoiced.
SPECIAL CONDITIONS: Any and all Special Conditions these General Conditions shall have precedence.
PBSD It86 (Rev. 8/96)
that from
INVITATION TO BID NO. OIC-23J
SPECIAL CONDITIONS
A. SCOPE: The purpose and intent of this invitation to bid is to secure firm prices and establish a term
contract for ELECTRICAL CONTRACTORS - SERVICES AND INSTALLATION, as specified herein.
B. DELIVERY: Prices bid herein shall include cost of all labor, materiaVequipment, delivery and installa-
tion FOB to site specified on purchase order which may include any School District properties within
Palm Beach County.
C. AWARD: Multiple awards for this Bid will be made to create a pool of qualified contractors to provide
services described herein. The District will request services on an as needed basis, during the term of
the contract beginning the date of award.
Whenever services are required, a minimum of three awarded contractors will be requested to
provide a proposal. A scope of work will be mailed or faxed to each contractor and a walk-through
will be scheduled. All proposals must provide cost for labor, materials, installation and equipment
and be delivered to the Purchasing Department, Attn: June L. Brack, Purchasing Agent.
There will be no additional charge for consultation or troubleshooting on any particular project. This
will be included with any project by the awarded contractor for that project.
Emergency purchases are defined as those items necessary to continue the instructional process
and/or maintain a safe operational environment, the loss of which would create a situation which
would adversely and unduly affect the safety, health or comfort of building, occupants or otherwise
cause loss to the School District. In the event of an emergency, the requirement for requesting three
proposals may be waived.
It is anticipated that this bid will be awarded at the December 6, 2000 Board meeting.
D. PRE-BID CONFERENCE: A pre-bid conference will be held on October 24, 2000, 9:00 a.m. in
Conference Room C, 3300 Forest Hill Boulevard, C-Wing, First Floor, West Palm Beach, FL 33406-
5813 to answer any questions regarding this bid. Attendance at this meeting is recommended.
Bring all questions in writing. Compose your questions on paper, ask your questions at the pre-bid
conference and give the facilitator the written copy of your questions. Please write each question that
you will ask on a separate piece of paper showing the Bid page number to which the question refers.
After you ask your question, the District facilitator will collect your written copy of the questions asked.
Submitting your questions in writing will assist in the preparation of an addendum and will eliminate
any confusion in understanding your question.
E. WBE GOAL: The Goal Setting Committee has not established a bid preference for participation/-
utilization of MinorityNVomen's Business Enterprises.
The Board strongly encourages the use of MinorityNVoman owned business enterprises for participa-
tion as partners, joint-venturers, prime contractor, sub-contractors, and in contracting opportunities.
Inquiries regarding listings of District and State Certified Minority, Women and Disadvantaged Con-
tractors can be made to the Palm Beach County School District's Department of Equity Assurance,
3390 Forest Hill Boulevard, Suite C-214, West Palm Beach, FL 33406, or phone (561) 434-8508.
3
INVITATION TO BID NO. OIC-23J
F. TERM OF CONTRACT: The term of this contract shall be from December 18, 2000 through
December 17, 2003, and may, by mutual agreement between the School Board and the awardee, be
renewable for two additional one-year periods. The Board, through the Department of Purchasing,
will, if considering to renew, request a letter of intent to renew from the awardee 30 days prior to the
end of the current contract period. If needed, the contract will be extended 90 days beyond the
contract expiration date. The awardee will be notified when the recommendation has been acted upon
by the Board. All prices shall be firm for the term of this contract. The awardee agrees to this
condition by signing their bid.
G. BIDDERS RESPONSIBILITY: Before submitting their bid, each bidder is required to carefully
examine the invitation to bid specifications and to completely familiarize themselves with all of the
terms and conditions that are contained within this bid. Ignorance on the part of the bidder will in no
way relieve them of any of the obligations and responsibilities which are a part of this bid.
H. SEALED BID REQUIREMENTS: The “INVITATION TO BID” bidder’s acknowledgement sheet must
be completed, signed, and returned. In addition, the Bid Summary Sheet page@) on which the bidder
actually submits a bid, needs to be executed and submitted with this bid. Bids received that fail to
comply with these requirements shall not be considered for award.
I. CONTRACT: The submission of your bid constitutes an offer by the bidder. Upon acceptance by the
District, the Purchasing Department will issue a notice of award and purchase order@) for any
supplies, equipment and/or services as a result of this bid. The bid and the corresponding purchase
order@) will constitute the complete agreement between the successful bidder and the District.
Unless otherwise stipulated in the bid documents, no other contract documents shall be issued or
accepted.
J. ESTIMATED DOLLAR VALUE: No guarantee of the dollar amount of this bid is implied or given.
K. SPECIAL ACCOMMODATION: Any person requiring a special accommodation at the bid opening
because of a disability should call the person named in the Special Condition BBB prior to the bid
opening. If you are hearing or speech impaired, please contact the person named by using the Florida
Relay Service which can be reached at 1-800-955-8771 (TDD).
L. INSURANCE REQUIREMENTS: Proof of the following insurance will be furnished by the awarded
bidders to the School District of Palm Beach County by Certificate of Insurance.
Certificates of Insurance meeting the specific required provision specified within this con-
tractlagreement shall be forwarded to the Palm Beach County School District’s Purchasing Depart-
ment, Attn: June Brack, Purchasing Agent, and approved prior to the start of any work or the
possession of any school property. Renewal certificates must be forwarded to the same department
prior to the policy renewal date.
Thirty days written notice must be provided to the Palm Beach County School District via certified mail
in the event of cancellation. The notice must be sent to the Purchasing Department.
The awarded bidders shall provide complete copies of any insurance policy for required coverage
within seven days of the date of request by the Purchasing Department. For all contracts with a bid
amount of $500,000 or more the actual INSURANCE POLICY must be included with the Certificate of
Insurance.
1. WORKERS’ COMPENSATION: Bidder@) must comply with FSS 440, Workers’ Compensation
and Employees’ Liability Insurance with minimum statutory limits.
4
INVITATION TO BID NO. OIC-23J
2. COMPREHENSIVE GENERAL LIABILITY: Awarded bidders shall procure and maintain, for
the life of this contractlagreement, Comprehensive General Liability Insurance. This policy shall
provide coverage for death, bodily injury, personal injury, or property damage that could arise
directly or indirectly from the performance of this agreement. It must be an occurrence form
policy. THE SCHOOL DISTRICT OF PALM BEACH COUNTY SHALL BE NAMED AS AN
ADDITIONAL INSURED ON THE CERTIFICATE FOR COMPREHENSIVE GENERAL
LIABILITY INSURANCE.
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined, Single Limit for
Bodily Injury Liability and Property Damage Liability.
3. BUSINESS AUTOMOBILE LIABILITY: Awarded bidders shall procure and maintain, for the life
of the contractlagreement, Business Automobile Liability Insurance.
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" or
"Comprehensive Form" policy. The insurance must be an occurrence form policy.
In the event the contractor does not own any vehicles, we will accept hired and non-owned
coverage in the amounts listed above. In addition, we will require an affidavit signed by the
contractor indicating the following:
(Company Name) does not own any vehicles. In the event we acquire
any vehicles throughout the term of this contractlagreement, (Com pan y
Name) agrees to purchase "Any Auto" or "Comprehensive Form" coverage as of the date of
acquisition.
M. INDEMNIFICATION I HOLD HARMLESS AGREEMENT: Awarded bidders shall, in addition to any
other obligation to indemnify the Palm Beach County School District and to the fullest extent permitted
by law, protect, defend, indemnify and hold harmless the School District, their agents, elected officials
and employees from and against all claims, actions, liabilities, losses (including economic losses),
costs arising out of any actual or alleged;
1. bodily injury, sickness, disease or death, or injury to or destruction of tangible property including
the loss of use resulting therefrom, or any other damage or loss arising out of, or claimed to have
resulted in whole or in part from any actual or alleged act or omission of the contractor,
subcontractor, anyone directly or indirectly employed by any of them, of anyone for whose acts
any of them may be liable in the performance of the work; or
2. violation of law, statute, ordinance, governmental administration order, rule regulation, or
infringement of patent rights by contractor in the performance of the work; or
3. liens, claims or actions made by the contractor of any subcontractor of other party performing the
work.
The indemnification obligations hereunder shall not be limited to any limitation on the amount, type of
damages, compensation or benefits payable by or for the contractor of any subcontractor under
workers' compensation acts; disability benefit acts, other employee benefit acts or any statutory bar.
Any costs or expenses, including attorney's fees, incurred by the Palm Beach County School District
to enforce this agreement shall be borne by the contractor.
5
INVITATION TO BID NO. 01 C-23J
Awardee@) recognizes the broad nature of this indemnification and hold harmless article, and
voluntarily makes this covenant and expressly acknowledges the receipt of TEN DOLLARS payable
upon receipt of first invoice and other good and valuable consideration provided by the District in
support of this indemnification in accordance with the laws of the State of Florida. This article will
survive the termination of this contract.
N. SITE INSPECTION: When a potential project is defined, a site inspection (to determine potential
location or to view conditions) is requested. That site inspection must be scheduled to occur within
three working days of notification.
Following the site inspection a written quotation shall be delivered to the requesting department within
five working days. This proposal shall be based solely upon bid prices.
Due to budgetary restraints and ultimate practicality of some projects, the district by requesting a site
visit or proposal does not by implication commit itself to commencement or completion of any project.
0. SCOPE OF WORK: (CONTRACTORS RESPONSIBILITIES)
The successful bidder (hereinafter referred to as the contractor) will furnish, at their expense, all labor,
materials, transportation, technical expertise, supervision, licensing, and permits, parts, and
equipment necessary for consultation, troubleshooting, repair and/or installation of electrical
switchgear, panel boards, transformers, lighting, control work and related electrical work in com-
pliance with local, state, and federal regulations, National Electrical Code, 1996 edition, and Florida
Administrative Code 6A2.
The contractor shall be responsible for the protection of all buildings, structures, and utilities that are
underground, above ground, or on the surface from their operations that may be hazardous and/or
damaging to said facilities.
The contractor shall be responsible for the protection of all personnel against hazards and/or injuries
due to their construction operation at the work site.
Contractor shall be responsible for correction/replacement, according to local codes and School
District's satisfaction, of all water lines, sanitary lines, electrical lines, curbs, sidewalks, streets, parking
lots, grassed areas, etc., broken or damaged as the result of contractor's operations.
Contractor shall be responsible to safeguard all of their tools equipment, signs, barricades, etc. while
operating on any school site. The district assumes no responsibility for act of theft or vandalism which
may occur while contractors equipment is located on any school district site.
Contractor shall not inhibit access to school centers during pursuit of work specified herein.
Contractor shall leave work site in a neat and orderly fashion at the end of each work day.
The contractor shall be responsible to ensure frequent pick-up of all rubbish, refuse, scrap materials,
and debris as a result of their operations so that work site presents a neat and orderly appearance at
all times. All rubbish, scrap, etc., shall be transported from the premises. Rubbish shall NOT be
deposited as fill on the work site. At completion of work, the contractor shall remove all work
materials, tools, construction equipment, machinery, and surplus materials from the work site and
shall leave project in ready to use condition.
Contractor or a representative, daily while on campus, shall sign in at the school center's main office
prior to commencing any work and shall sign out at school's office prior to leaving campus unless prior
written exception has been obtained.
6
INVITATION TO BID NO. OIC-23J
Contractor will remedy any and all damage to property by acts of omission, or vandalism which occur
as a result of their work.
Contractor shall provide due care at all times while performing any task at any district controlled
location to cordon off, barricade, and/or post signs to maintain a safe distance to avoid creating haz-
ardous condition for pedestrians, property, and vehicles.
The contractor shall at all times enforce strict discipline and good order among their employees and
shall not employ on the work any unfit person or anyone not skilled in the task assigned to them.
The contractor shall supervise and direct the work, using their best skill and attention. The contractor
shall be solely responsible for all construction means, methods, techniques, work sequences and
procedures and for coordinating all portions of the work under the contract.
The contractor shall be responsible to the Owner for the acts and omissions of their employees.
Subcontractors and their owners and employees and any other persons performing any of the work
under a contract with the contractor.
The contractor shall take field measurements and verify field conditions and shall carefully compare
such field measurements and conditions and any other information known to the contractor as may be
provided by the owner before commencing activities. Errors, inconsistencies or omissions discovered
shall be reported to the owner at once.
The contractor shall not be relieved of obligations to perform the work in accordance with the contract
documents either by activities or duties of the owner or of the contract or by test inspections or
approvals required or performed by persons other that he contractor.
The contractor shall have a English-speaking, licensed (State of Florida or Palm Beach County)
supervisorhepresentative on the work site at all times, who shall be thoroughly knowledgeable of all
plans, specifications, and other contract documents and has the authority to act in the contractor's
behalf.
The contractor shall be responsible for the appearance of all working personnel assigned to the
projects (clean and appropriately dressed) at all times, and their compliance with School Board
Policies and Rules prohibiting smoking and consumption of alcohol and illegal drugs while on campus.
Contractor shall be responsible for off-loading, unpackinghncrating all materials and equipment at the
job site and install railings in accordance with specifications herein and all attachments.
Contractor shall ensure all work is installed straight, level, plumb and in a workmanlike manner.
The contractor's invoice must be itemized showing parts, labor, freight, etc., to provide a complete
accounting of services performed.
The contractor shall not proceed with any project until a written purchase order has been received.
The contractor shall use only factory OEM parts (unless othetwise approved by the District) while
performing services on equipment under original warranties. After market parts will be permissible on
all units out of warranty period, when it is economically favorable to the District. Prior approval must
be obtained before acquisition and installation is performed.
The contractor must obtain prior written approval on all costs before the additional work is started.
7
INVITATION TO BID NO. 01C-23J
P.
Q.
R.
S.
T.
The contractor shall provide a construction work schedule and submit it to the School District
designated contract person. The schedule shall include estimated commencement and completion
dates.
The contractor shall provide an emergency after-hour phone number and contact person.
All contractors awarded projects under this bid will be issued identification badges and must sign in
and out in the school's main office during normal working hours at each School District site. School
has a book located in the main office identifying areas that contain asbestos. Should any ven-
dor/employee in the performance of this contract encounter materials that they suspect are embedded
with asbestos, they should:
1. Stop all work at the site and do not disturb the area of suspicion.
2. Call the appropriate trade supervisor and advise them of the discovery.
3. Leave the site until the materials can be analyzed.
SALVAGE: All items removed during any work performance under this contract must remain the
property of the owner. As part of the contact, owner may require transportation of salvage materials
to a site to be determined. It shall be the contractor's responsibility for removal and transport.
EXPERIENCE AND QUALIFICATIONS OF THE FIRM
Each bidder, by submitting a bid, certifies that they possess a current certificate and/or competency
issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board as a
currently licensed Electrical contractor. Bidders shall submit a photocopy of their license with
proposal.
Describe how your firm is organized, how its resources, i.e., personnel, equipment, etc. will be put to
work for the School District and how you propose meeting the specifications outlined in Scope of
Services.
Describe the various types of systems, components, etc. that your firm is capable of servicing.
QUALIFICATIONS OF STAFF:
Provide a resume for principals of the firm and key employees who will be assigned to this contract,
including their educational background, work experience, certification and other pertinent information.
REFERENCES: List a minimum of five clients your firm has provided repairs/instaIIations/services as
required herein. These references must have been served successfully by your company within the
last five years. List name, address, telephone number, contact person and hours they may be
reached. List any educational clients served.
VENDOR GUIDELINES:
submission of responses to this bid.
This section addresses the bidder guidelines in the preparation and
The District will evaluate each bid on its own merit and discuss its findings with its management. It is
and shall be understood and agreed that the decision of the School Board after evaluation shall be
final.
The vendor's response to the bid, along with any addenda, shall upon award, be an addendum to the
contract.
Areas of non-compliance must be addressed and/or alternatives defined in detail to accomplish the
same end of the requirement in question.
8
INVITATION TO BID NO. OIC-23J
U.
V.
w.
X.
Y.
Z.
Before submitting bid, bidder should become familiar with any local conditions which may, in any
manner, affect the work to be done or effect the equipment, materials, labor and services required.
The bidder is also required to carefully examine the specifications and to become thoroughly familiar
with any and all conditions and requirements that may in any manner affect the work to be performed
under the contract. No additional allowance will be made due to lack of knowledge of these
conditions.
Bids shall not be considered if the bidder cannot meet the special conditions contained herein unless
the bidder can provide, as part of their proposal, alternative provisions which shall provide the School
District the required degree of assurance of performance. The School Board shall be the sole judge
of the adequacy of alternative provisions for the required degree of assurance of performance.
PERMITS AND LICENSES: The bidder shall be responsible for obtaining any necessary construction
and installation permits and licenses and shall comply with all codes and ordinances without
additional cost to the School District (Le., EPA, OSHA).
CONSTRAINTS: Includes, but not limited to, all applicable state laws and Department of Education
Regulations.
SERVICES TO BE PROVIDED: Describe type of service to be provided i.e., emergency service,
regular repair service, troubleshooting, etc.
Describe type of information and documentation to be provided Le., cause of failure, recommended
corrective action, detailed labor, material and repair part casting for corrective action, etc.
PRICE: Hourly rate(s), various personnel, to include regular and premium. Repair parts/material
cost. Manufacturer's list price less fixed discount percentage. Reimbursable expenses Le., air freight
charges, outside expertise, etc.
REGULATIONS AND ORDINANCES: The proposer is required to be familiar with all federal, state,
and local laws, ordinances, code rules and regulations that may in any way affect the work.
Ignorance on the part of the bidder shall in no way relieve bidder from responsibility.
INDULGENCE: Indulgence by the School Board on any non-compliance the contractor does not
constitute a waiver of any rights under this agreement.
AA. TECHNICAL LITERATURE: The availability of technical literature is a requirement of this bid to
accommodate an evaluation to assure that products offered meet or exceed the specification. Hence,
two copies of product information, including technical and descriptive literature, shall be made
available to the School District Representative. Information submitted shall be sufficiently detailed to
technically evaluate the product.
BB. REPAIR AND MAINTENANCE MANUALS: Three manuals containing troubleshooting procedures,
parts list, disassembly instructions, schematic diagrams, etc., shall be provided at no cost for each
unit of equipment furnished under any contract resulting from this bid. Job will not be considered
complete until all manuals have been received.
CC. INSPECTIONS: The contractor shall notify the assigned School District inspector of job progress and
make arrangements for owner inspection of work performed. The contractor shall not proceed with
other work until the previous portion has been approved. Required inspections will be outlined in the
scope of each job. A minimum of 24 hours notice to owner must be provided for each inspection.
Completion of contract shall be defined as final inspection and subsequent sign-off by inspector/pro-
ject manager, on all work as satisfactory and acceptable to the District.
9
INVITATION TO BID NO. 01 C-23J
DD. UNCOVERING OF WORK: If any portion of the work should be covered contrary to the request of
the owner or to requirements specifically expressed in the bid, it shall, if required in writing, be
uncovered for observation and shall be replaced at the contractor's expense.
If any other portions of the work have been covered which the owner has not specifically requested to
observe prior to being covered, the owner may request to see such work and it shall be uncovered by
the contractor. If such work be found in accordance with the contract documents, the cost of
uncovering and replacement shall, through purchase order change, be charged to the owner. If such
work be found not in accordance with the contract documents, the contractor shall pay such cost
unless it be found the this condition was caused by the owner or a separate contractor, in which the
event the owner shall be responsible for payment of such cost.
EE. CORRECTION OF WORK: The contractor shall promptly correct all work rejected by the owner as
defective or as failing to conform to the contract documents whether observed before or after
substantial completion and whether or not fabricated, installed or completed. The contractor shall
bear all costs of correcting such rejected work, including compensation for the owner's additional
services made necessary thereby.
FF. SUB-CONTRACTING: If a vendor must sub-contract any portion of this bid for any reason, the name
and address of the sub-contractor must be submitted to the bid contact person for approval. No sub-
contracting shall take place prior to bid-awarded vendor furnishing this information and receiving writ-
ten approval from the School Board. The Board reserves the right to reject a sub-contractor who
previously failed in the proper performance of an award or failed to deliver on time contracts of a
similar nature, or who is not in the position to perform this award. The School Board reserves the right
to inspect all facilities of any sub-contractors in order to make determination as to the foregoing.
Vendors are encouraged to seek minority and women business enterprises for participation in sub-
contracting opportunities. The sub-contractor shall be equally responsible for meeting all
requirements specified in this invitation to bid.
GG. WARRANTY: Contractors shall guarantee workmanship and/or materials to be free of defects under
normal use and service for a period of one year from date of acceptance by the School District.
Contractor shall bear the full obligation and cost of materials and labor for repair and/or replacement
during the warranty period.
HH. DELAYS AND EXTENSIONS OF TIME: If the contractor is delayed at any time in the progress of the
work for any cause or reason which is beyond their control, contract time shall be extended by mutual
agreement between the contractor and the School District (Purchasing Department). The contractor
shall submit written request for extension within five calendar days after occurrence of a delay.
II. CERTIFICATE OF COMPETENCY: By submitting bid, each bidder certifies that they possess a
current certificate of competency issued by the State of Florida or the Palm Beach County Licensing
Board. A photocopy of this certificate must be submitted with bid or within three days upon request.
JJ. USE OF OTHER CONTRACTS: The District reserves the right to utilize other District contracts, State
of Florida Contracts, contracts awarded by other city or county governmental agencies, other school
boards, other community college/state university system cooperative bid agreement, or to directly
negotiatelpurchase per School Board policy and/or State Board Rule 6A-1.12(6) in lieu of any offer
received or award made as a result of this bid, if it is in its best interest to do so. The District also
reserves the right to separately bid any single order or to purchase any item on this bid if it is
in its best interest to do so.
10
INVITATION TO BID NO. OIC-23J
KK. JOINT-BIDDING, COOPERATIVE PURCHASING AGREEMENT: All bidders submitting a response
to this invitation to bid agree that such response also constitutes a bid to all State Agencies and
Political Subdivisions of the State of Florida under the same conditions, for the same prices and for
the same effective period as this bid, should the bidder(s) deem it in the best interest of their business
to do so.
This agreement in no way restricts or interferes with any state agency or political subdivision of the
State of Florida to rebid any or all items.
LL. INSPECTION AND READING OF BID: As per Florida Statute 119.07(3)(0) the reading of this bid is
hereby waived until such time as the agency provides notice of a decision or intended decision
pursuant to S. 120.57(3) or within ten days after bid or proposal opening, whichever is earlier.
MM. CORRECTIONS: All corrections of unit prices must be initialed by the same person signing the bid.
This includes the use of correction fluid (white out) or any other method of correction. See General
Conditions, number 1, Execution of Bid, for acceptable means of correction.
NN. POSSESSION OF FIREARMS: Possession of firearms will not be tolerated on School District
"Firearm" means any weapon (including a starter gun or antique firearm) which will, is designed to, or
may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of
any such weapon; any destructive device; or any machine gun.
No person who has a firearm in their vehicle may park their vehicle on School District property.
Furthermore, no person may possess or bring a firearm on School District property.
If any employee of an independent contractor or sub-contractor is found to have brought a firearm on
School District property, said employee will be terminated from the School Board project by the
independent contractor or sub-contractor. If the sub-contractor fails to terminate said employee, the
subcontractor's agreement with the independent contractor for the School Board project shall be
terminated. If the independent contractor fails to terminate said employee or fails to terminate the
agreement with the sub-contractor who fails to terminate said employee, the independent contractor's
agreement with the School Board shall be terminated.
00. ASSIGNMENT: The successful bidder shall not sub-contract, assign, transfer, convey, sublet, or
otherwise dispose of this contract, or of any or all of its rights, title, or interest therein, or its power to
execute such contract to any person, firm, or corporation without prior written consent of the District.
PP. ORDERING PROCEDURE: After award is made, the Purchasing Department will mail the original
copy of the purchase order as materials are requested to the successful vendors.
Purchases less than $250 will be requested by some Palm Beach District schools and departments.
These requests may be in the form of a telephone call, copy of a requisition or a letter. These
requests should be honored by the successful vendor(s) and, if applicable, the single fixed percentage
discount should apply. An invoice will be issued from the vendor to the requestor (school or
department) with items purchased listed.
QQ. PAYMENT TERMS: The District's payment terms are net 30 days. Payment will not be processed
until the following occurs:
1.
2.
3.
The complete and satisfactory receipt of all items ordered on a purchase order.
The receipt of a properly billed invoice in the Accounting Services Department.
The issuance of a change order for increase due to additional or unforeseen work.
11
INVITATION TO BID NO. OIC-23J
Invoices to the School District MUST include the following to permit verification of prices and expedite
payment to vendors. Therefore, every invoice MUST list the items below where applicable:
1. Purchase order number.
2.
3.
4.
5.
Name and address of vendor, a unique invoice number and completion of work.
Description of project with labor and materials.
Name and address of the location where project was completed.
All original invoices must be mailed to Accounting Services/Accounts Payable as listed on the
right top corner of the purchase order.
Failure to correctly invoice in accordance with these guidelines may result in delay of pay-
ment. No payment will be made on partial shipments.
RR. WITHDRAWAL: A bidder may not withdraw a bid after the final call for bids at a designated time of
opening. When a bidder wishes to withdraw a bid, a written request shall be submitted to the Director
of Purchasing and their request will be reviewed for consideration. In no case shall a bidder be
granted a release from their bid or proposal more than one (1) time in a two (2) year period without
pe na Ity .
SS. PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcon-
tractor, or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for
a period of 36 months from the date of being placed on the convicted vendor list.
The bidder certifies by submission of this bid, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this transaction by any State or Federal departmentlagency.
TT. DEFAULT: In the event that the awarded vendor should breach this contract, the Board reserves the
right to seek all remedies in law and/or in equity.
UU. CANCELLATION: In the event any of the provisions of this bid are violated by the awarded vendor,
the Superintendent or designee will give written notice to the vendor stating the deficiencies and
unless the deficiencies are corrected within ten days, recommendation will be made to the Board for
immediate cancellation. Upon cancellation hereunder the Board may pursue any and all legal
remedies as provided herein and by law. The Board reserves the right to terminate any contract re-
sulting from this invitation at any time and for any reason, upon giving 30 days prior written notice to
the other party. If said contract should be terminated for convenience as provided herein, the Board
will be relieved of all obligations under said contract. The Board will only be required to pay to the
vendor that amount of the contract actually performed to the date of termination.
W. SUB-CONTRACTINGIMINORITY BUSINESS PARTICIPATION: If a vendor intends to subcontract
any portion of this bid for any reason, the name and address of the subcontracting firm must be sub-
mitted along with their bid for approval. No subcontracting will take place prior to bid-awarded vendor
furnishing this information and receiving written approval from the Board.
The Board reserves the right to reject a subcontractor who previously failed in the proper performance
of an award or failed to deliver on-time contracts of a similar nature, or who is not in the position to
perform this award. The Board reserves the right to inspect all facilities of any subcontractor in order
to make determination as to the foregoing. The subcontractor will be equally responsible for meeting
all requirements specified in this Invitation to Bid.
12
INVITATION TO BID NO. OIC-23J
The Board strongly encourages the use of MinorityNVoman owned business enterprises for participa-
tion as partners, joint-venturers, prime contractor, sub-contractors, and in contracting opportunities.
Inquiries regarding listings of District and State Certified Minority, Women and Disadvantaged Con-
tractors can be made to the Palm Beach County School District's Department of Equity Assurance,
3390 Forest Hill Boulevard, Suite C-214, West Palm Beach, FL 33406, or phone (561) 434-8508.
Contractors who list minority subcontractors as participants in their bids will complete the MNVBE
SUBCONTRACTING UTILIZATION REPORT (Form 1528) which can be obtained from the
Department of Equity Assurance (address listed above). This form will be submitted with all requests
for payment.
The Palm Beach County School District only recognizes as acceptable for certification as minority/wo-
man business enterprises those firms, vendors, and consultants that have successfully completed the
certification requirements of the State of Florida Minority Business Advocacy and Assistance Office or
the Palm Beach County School District's Department of Equity Assurance. In the case of those firms
or small business enterprises that are certified with the State of Florida Minority Business Advocacy
and Assistance Office, the firm shall be required to include a copy of their certification letter or
certificate. The letter or certificate will only be deemed valid if the dates for certification have not
expired. Any pending application with the Palm Beach County School District or the State of Florida
Minority Business Advocacy and Assistance Office shall not be considered as certification of the
vendor making application for consideration as a MNVBE firm.
The Palm Beach County School District does not currently by implication or direct means have
reciprocity with any governmental or non-governmental entity, with the exception of the State of
Florida Minority Business Advocacy and Assistance Office for the purpose of sharing and/or accep
tance of MNVBE vendors, consultants, small business enterprises for certification.
WW.LOBBYING: BIDDERS ARE HEREBY ADVISED THAT THEY ARE NOT TO LOBBY WITH ANY
DISTRICT PERSONNEL OR BOARD MEMBERS RELATED TO OR INVOLVED WITH THIS BID
UNTIL THE ADMINISTRATION'S RECOMMENDATION FOR AWARD HAS BEEN POSTED IN THE
PURCHASING DEPARTMENT. ALL ORAL OR WRITTEN INQUIRIES MUST BE DIRECTED
THROUGH THE PURCHASING DEPARTMENT.
LOBBYING IS DEFINED AS ANY ACTION TAKEN BY AN INDIVIDUAL, FIRM, ASSOCIATION,
JOINT VENTURE, PARTNERSHIP, SYNDICATE, CORPORATION, AND ALL OTHER GROUPS
WHO SEEK TO INFLUENCE THE GOVERNMENTAL DECISION OF A BOARD MEMBER OR
DISTRICT PERSONNEL AFTER ADVERTISEMENT AND PRIOR TO THE BOARD'S VOTE ON
THE AWARD OF THIS CONTRACT.
ANY BIDDER WHO IS ADVERSELY AFFECTED BY THE RECOMMENDED AWARD MAY FILE A
PROTEST WITHIN THE TIME PRESCRIBED IN SECTION 120.57(3), FLORIDA STATUTES.
ADDITIONALLY, ANY BIDDER WHO IS ADVERSELY AFFECTED BY THE RECOMMENDED
AWARD MAY ADDRESS THE SCHOOL BOARD AT A REGULARLY SCHEDULED BOARD
M EETl NG.
ANY BIDDER OR ANY INDIVIDUALS THAT LOBBY ON BEHALF OF BIDDER DURING THE TIME
SPECIFIED WILL RESULT IN REJECTION / DISQUALIFICATION OF SAID BID.
XX. DELIVERY OF BIDS: When hand delivering your bid, bidders must follow the School District's
security access procedures. The procedures are as follows:
A.
B.
C.
D.
Park in visitors' parking area.
Enter building through the front door.
Sign-in at the front desk and receive visitor's pass.
Proceed to the Purchasing Department located in C-wing, second floor, Room C-216.
13
INVITATION TO BID NO. OIC-23J
E. Present bid to the Purchasing receptionist for official dateltime stamping.
BIDDERS SHOULD ALLOW AT LEAST 30 MINUTES TO FOLLOW THE ABOVE PROCE-
DURES AND SUBMIT THEIR BID TO THE PURCHASING DEPARTMENT, ROOM C-216,
C-WING, SECOND FLOOR, NO LATER THAN THE DATE AND TIME DESIGNATED IN
THE BID.
W. POSTING OF BID AND SPECIFICATIONS: Invitation to bid with specifications will be posted for
review by interested parties, at 3326 Forest Hill Boulevard, Suite C-216, West Palm Beach, FL
33406, on the date of bid mailing and will remain posted for a period of 10 days. Failure to file a
specification protest within the time prescribed in Florida Statutes 120.57(3) will constitute a waiver
of proceedings under Chapter 120, Florida Statutes.
ZZ. POSTING OF BID RECOMMENDATION I TABULATIONS: Bid recommendations and tabulations
will be posted in the Purchasing Department for review by interested parties, at 3326 Forest Hill
Boulevard, Suite C-216, West Palm Beach, FL, on November 8, 2000 at 3:OO p.m., and will remain
posted for a period of 72 hours. If the bid tabulation with recommended awards is not posted by
said date and time, A "Notice of Delay of Posting" will be posted to inform all proposers of the new
posting date and time.
Any person adversely affected by the decision or intended decision must file a notice of protest, in
writing, within 72 hours after the posting. The formal written protest shall state with particularity
the facts and law upon which the protest is based. Failure to file protest within the time prescribed
in Section 120.57(3), Florida Statutes, will constitute a waiver of proceedings under Chapter 120,
Florida Statutes.
AAA. BID PROTEST: If a bidder wishes to protest a bid, they must do so in strict accordance with the
procedures outlined in FS 120.57(3).
Any person who files an action protesting a decision or intended decision pertaining to this bid
pursuant to FS 120.57(3)(b), shall post with the Purchasing Department, at the time of filing the
formal written protest, a bond secured by an acceptable surety company in Florida payable to the
School District of Palm Beach County in an amount equal to 1 percent (1%) of the total estimated
contract value, but not less than $500 nor more than $5,000. Bond shall be conditioned upon the
payment of all costs that may be adjudged against the protester in the administrative hearing in
which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, a
cashier's check, certified bank check, bank certified company check or money order will be
acceptable form of security. If, after completion of the administrative hearing process and any
appellate court proceedings, the District prevails, it shall recover all costs and charges included in
the final order of judgment, including charges by the Division of Administrative Hearings. Upon
payment of such costs and charges by the protester, the protest security shall be returned. If the
protest prevails, he or she shall recover from the District all costs and charges, which shall be
included in the final order of judgment.
BBB. INFORMATION: Any questions by the prospective bidders concerning this invitation to bid should
be addressed to June Brack, Purchasing Agent, Purchasing Department (561-434-8507), who is au-
thorized only to direct the attention of prospective bidders to various portions of the bid so they may
read and interpret such for themselves. Neither Ms. Brack nor any employee of the District is autho-
rized to interpret any portion of the bid or give information as to the requirements of the bid in
addition to that contained in the written bid document. Interpretations of the bid or additional in-
formation as to its requirements, where necessary, will be communicated to bidders by written
addendum.
14
L
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INVITATION TO BID NO. 0
'! I I QUALIF~CATI~~NS OF FIRI
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122.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 16,2004
Meeting Date: December 2,2004
Resolution: 224,2004
SubjecVAgenda Item:
A resolution of the City Council of the City of Palm Beach Gardens, awarding a work
authorization for the Engineering and Architectural Services for the Bums Road Community
Center Renovation and Expansion Project to LBFH, Inc. in the amount of $651,425.00.
[ X ] Recommendation to APPROVE I1 Recommendation to DENY
Reviewed by:
City Attorney
Finance A in strator &
Submitted by:
Jack Doughney,
Community Services
or
Originating Dept.:
Charlotte Presensky
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
[ x ] Not required
Costs: $651,425.00
(To ta I)
$651,425.00
Current FY
Funding Source:
[ ]Operating
[ X ] Other
Impact Funds from
Recreation, Police and
Fire
Budget Acct.#:
301 -2000-572.6928
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
-~ ~
Attachments :
Attachment A: LBFH
Proposal
[ ]None
Date Prepared: November 16,2004
Meeting Date: December 2,2004
Resolution: 224,2004
BACKGROUND:
LBFH, under the direction of Daniel P. Clark, Vice President, has submitted a proposal for
engineering and architectural services for the proposed improvements to the community
center located on the Burns Road Community Recreation Campus. Their proposal has
been reviewed and negotiated by staff to achieve efficiency in the development of this
project. It includes services from the original building Architectural firm, Oliver, Glidden,
Spina and Partners. Both firms have been contracted to complete various aspects of the
site including the pool construction and the Lakeside Facility development. Acceptance of
this proposal provides continuity in the completion of the aspects detailed in the Master
Plan of the site.
The master plan site was coordinated by LBFH and approved by the City Council in 2003.
The proposal includes support in the design, bidding and construction phases of the
project. The design phase of the project scope includes studying the feasibility of
“hardening” certain aspects of the facility. The goal is to seize the opportunity to provide an
alternate emergency operations center during an emergency event and un-affected
building after the event to provide city services. This pursuit does not impede in the
progress of the developing recreational portions of the facility as deemed a priority of the
Parks and Recreation Advisory Board.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution 224,2004 awarding a work authorization for the
Engineering and Architectural Services for the Burns Road Community Center Renovation
and Expansion Project to LBFH, Inc. in the amount of $651,425.00.
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RESOLUTION 224,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A WORK
AUTHORIZATION FOR ENGINEERING AND ARCHITECTURAL
SERVICES WITH THE FIRM OF LBFH, INC. IN CONNECTION WITH
THE BURNS ROAD COMMUNITY CENTER RENOVATION AND
EXPANSION PROJECT; AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID AUTHORIZATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City wishes to complete the renovation and expansion of the
Burns Road Community Center, including the addition of a gymnasium, locker room
facilities, and other items to improve this public facility; and
WHEREAS, to provide for the planning and design of such a facility, professional
services for engineering and architectural are needed; and
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. to perform certain services in connection with Burns Road Community Center
Expansion and Renovation Project; 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
issue a work authorization to LBFH, Inc. for the services provided for in their proposal,
attached hereto as Exhibit “A”.
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 work authorization, and
authorizes the City Manager to execute said work authorization.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: November 16,2004
Resolution 224, 2004
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PASSED AND ADOPTED this day of ,2004.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLl N
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBERLEVY
COUNCILMEMBERVALECHE
AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\lbfh work auth - bra - reso 224 2004.doc
2
Date Prepared: November 16,2004
Meeting Date: December 2,2004
Resolution: 224,2004
EXHIBIT A
LBFH PROPOSAL
November 4,2004
Charlotte Presensky, Recreation Director
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Re: Proposal for Engineering and Architectural Services for the
Proposed Improvements to the Community Center located at the
Burns Road Community Recreation Campus (BRCRC)
Palm Beach Gardens, Florida
Dear Ms. Presensky:
In accordance with your request LBFH, Inc. is pleased to submit our
proposal to provide engineering and architectural services for the proposed
improvements to the BRCRC located within Palm Beach Gardens,
Florida. Based on our understanding of the project, the work will include
design and the preparation of Construction Documents,
BiddingNegotiation and Construction Administration for a new
gymnasium, restroom / locker facility, an Emergency Operations Center
and additional office space and other appurtenances.
Attached for your review is our Exhibit A, Scope of Services. Our 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 estimate will be exceeded, we will notifl 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,
LBFH, Inc.
Karen D. Brandon, P.E.
Client Service Manager
Re: Proposal for Engineering and Architectural Services for the
Proposed Improvements to the Community Center located at the
Burns Road Community Recreation Campus (BRCRC)
Palm Beach Gardens, Florida
Approved:
LBFH, Inc.
Approved:
City of Palm Beach Gardens
(Hereinafter: CLIENT) --
Daniel P. Clark, Vice President
Enclosures
In Duplicate
cc: Jack Doughney
EXHIBIT A
Scope of Services
Enqineerinq & Architectural Services for the Proposed
Improvements at the Burns Road Communitv Recreation Campus
City of Palm Beach Gardens
Task 1: Preliminarv Work and Data Collection: LBFH and the Project Team will
meet with City staff to define the basic design criteria for the EOC. Meeting summaries
will be prepared. Additional LBFH Team meetings will be held to further define the
project scope, budget and assignment of responsibilities.
Estimated Fee: $13,140
Task 2: Team and Client Coordination and Meetinqs: LBFH, Inc. will attend weekly
meetings with City staff and convene weekly progress meetings with the City and
subconsultant team. We anticipate a 14- month project schedule and have budgeted for
50 meetings. LBFH will also coordinate on a regular basis with the subconsultant team.
Estimated Fee: $29,954
Task 3: Architectural Services: LBFH, Inc. will subcontract to Oliver, Glidden, Spina
and Partners (OGS&P) for the architectural services described in the attached letter
dated November 4, 2004. These services include Master Planning, Schematic Design,
Design Development, Construction Documents, Bidding/Negotiation Assistance, and
Construction Administration. The services of a Threshold Inspector (20 weeks) a
Roofing Consultant and a HVAC “Fleet” Analysis will also be included in this task.
Estimated Fee: $444,755
Task 4: Detailed Construction Cost Estimate: LBFH, Inc. will subcontract to Oliver,
Glidden, Spina and Partners (OGS&P) for preparing a detailed cost estimate if
requested by the City.
Estimated Fee: $ 12,500
Task 5: Site Civil Desiqn/Coordination: LBFH will coordinate with the Architect and
City staff on various site/civil items including roof drainage, impacts to parking lot
drainage, City IT Department requirements, electrical service, and water and
wastewater service hookups.
Estimated Fee: $25,336
Task 6: Construction Documents and Bidding Process: LBFH will coordinate with
the City staff and Architect to provide the front-end contract documents, information
required for the legal advertisement, invitation to bid and bid praposal forms and will
assist with the biddinghegotiation and contract award process. All public notices and
advertisement shall be by the City. LBFH will review and analyze all bids received by
the City.
Estimated Fee: $21,368
Task 7: Construction Services: LBFH will perform the following construction related
services for the City. LBFH will perform periodic inspections of the construction activities
for the purposes of observing the progress and quality of the work, and to determine
whether or not the work is proceeding in accordance with the contract. This effort is
directed toward providing the City a greater degree of confidence that the completed
project will conform to the contract requirements.
Additional inspection services are to be provided by City. The results of those
inspections are to be provided directly to the LBFH Project Manager in a timely manner.
LBFH has no control over the City’s selection of a Contractor, weather, work stoppages,
and the quality of the Contractor’s work or the sequencing of the same. Therefore, it is
understood that the following scope of work and associated fees are estimated only.
LBFH services under this section shall include:
A. Pre-Construction Meeting: LBFH shall attend a mandatory pre-construction
meeting with the City, the Architect, the City’s Contractor and other applicable
representatives prior to the commencement of construction. Note that LBFH and
its sub-consultants shall be listed as an additional named insured by the
Contractor’s insurer for all construction related to this project.
B. Limited Construction Observation: LBFH, by providing limited construction
observation services, shall make site visits to observe the construction of
improvements such that an engineering determination can be made regarding
the quality completion of the proposed improvements. The purpose of the limited
project representation is to provide construction observation of the progress and
quality of the construction work, and to determine, in general, if the construction
is proceeding in accordance with the intent of the contract. The services
provided are not intended to be comprehensive or exhaustive in nature, and shall
in no way relieve the Contractor from their complete responsibility for the means,
methods, sequence of construction and construction site safety.
This estimate assumes that LBFH shall provide limited project representation by
being present at the site at intervals appropriate to the various stages of
construction. For this estimate, it is assumed that site work will be conducted
during an eleven-month (44 week) construction period, and that regular site
P:\04-4375\Proposal\xhibitA I 1 -04-04.doc
inspections will occur twenty (20) hours per week - for a total field time of 880
hours.
LBFH shall notify the City of observed permanent work which does not appear to
substantially conform to the contract documents, prepare a written report
describing any apparent non-conforming permanent work and make
recommendations to the City for its correction. Should limited construction
observation be required beyond the ten (IO) month duration, these services will
be considered Additional Services and compensated as such.
C. Final Inspections: LBFH shall perform a construction observation visit to
determine if the project is substantially complete, and a final construction
observation visit to determine if the project has been completed in accordance
with the Contract. If repetition of these visits is required, the additional visits shall
be considered Additional Services of LBFH and will be billed on a Time &
Expense basis.
Estimated Fee: $1 04,372
Total Time & Expense Estimate: $651,425
REIMBURSABLES:
This item 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) or delivery services and
special materials.
Estimated Fee: $10,000
Unallocated Funds:
The fees above are for specific design tasks or for construction oversight. We have
designated an “unallocated fund” or “reserve” to be utilized at the City’s discretion,
should additional work be required.
Estimated Fee: $94,501
Total Estimated Fees: $755,926
Delivera bles:
Three (3) sets of 40%, 80% and 100% documents will be provided. The documents will
include building elevations and floor plan and contract documents.
Schedule:
It is estimated that the final Contract Documents can be delivered in 4 -112 months.
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:
I.
2.
3.
4.
5.
6.
7.
The Contract Documents will apply to the Community Center
Expansion/lmprovements Only. It will not include any exterior improvements,
including but not limited to decking, ramps, lighting, landscaping, irrigation, drainage,
etc.
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.
The City shall provide all permit application fees, unless otherwise stated.
The Conceptual Design drawings approved by the City or their representatives shall
be signed, or otherwise acknowledged as approved, by the City or their
representatives. Any substantial changes affecting the intent of the approved
Conceptual Design requested or required by the City that results in additional work
by LBFH shall be subject to payment by the City on a “Time and Expense” basis,
unless otherwise agreed upon by LBFH and the City.
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.
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 design or construction of the project.
This Scope of Work does not include the following services:
An environmental site assessment of the property or buildings to be
demolished to determine the existence of hazardous materials and/or
petroleum products.
An environmental audit to determine the existence of protected species of
fauna and/or flora.
A traffic impact study.
Offsite utility or roadway improvements.
Any formal amendment to the approved BRCRC Campus site plan.
Soil analysis or geotechnical engineering reports.
8. The City or its vendor shall provide all specifications and shall coordinate all aspects
of its data and communications system, including extensions of those systems as
may be required.
November 4, 2004
Dan Clark
Vice-president
Lindahl, Browning, Ferrari, Helstrom
3550 SW Corporate Parkway
Palm City, FL 34990
Ed Oliver
John Glidden
Keith Spina
Danny Brown
RE: Palm Beach Gardens Community Center
Remodeling / Expansion
Palm Beach Gardens, FL
Project No. 03215
Dear Dan:
We are pleased to have the opportunity to provide LBFH (Client) with Architectural and Building
Engineering services for the design of the Community Center expansion. Our proposal is based on a-
number of assumptions regarding the scope of the project which are as follows.
1. PROJECT SCOPE
1. The project for which this proposal is being offered is for a one-story expansion to the
existing Community Center building and a second floor level Emergency Operations
Center (EOC) - both totaling approximately 20,973 SF.
2. The 2“d floor level EOC primarily consists of space for 10 staff members using standard
desktop personal computers, space for the next shift change, a small kitchen and toilets
and a police dispatch center. Bunk space will be provided on the 1“ floor. Emergency
power will be supplied by a generator and an onsite fuel supply (type and size of both to
be selected by City).
3. The new gymnasium and EOC area will be designed to withstand 155 mph (sustained
winds).
4. The City has asked that the new gymnasium be suitable for accommodating family
members of the EOC team, not residents. While portions of the new building areas will
be designed to withstand increased wind loading (as noted above), this facility is not
intended to function as a “shelter” for large numbers of people. As such, a single family
toilet (accessible through the new gymnasium) will be provided for use during operation
of the EOC. It has been agreed that the existing finish floor elevation is acceptable for
flood conditions. A prep kitchen (no hot food preparation) will replace the previous
storage area east of the existing stage and will be designed to accommodate a food
concession area.
5. The City will select a single staff member to provide OGS&P with a single point of contact,
W
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Page 2
D. Clark
November 4,2004
6.
7.
0.
9.
IO.
11.
12.
13.
a final design program (outlining the program areas and finishes) and to coordinate with
OGS&P during the design and construction phases.
We will coordinate our work with that of the City's staff and its consultants (i.e.: Civil
Engineer and Landscape Architect).
We will utilize the Schematic Design plans prepared by Oliver Glidden Spina & Partners
(OGS&P), dated October 25, 2004, as the basis for our design program and the latest
plan of the EOC, dated October 22, 2004.
The project will include the following phases of services: Master Plan, Schematic Design,
Design Development, Construction Documents, Bidding / Negotiation and Construction
Ad m i n istration .
LBFH shall be responsible for Project Management, all governmental applications, bidding
and all Client coordination on same.
All site planning, civil engineering (including: site surveys, paving, drainage, site lighting,
water and sewer), all landscape architectural design and any demolition required (i.e.,
sitework, pools, deck, etc.) will be the responsibility of LBFH or other consultants selected
by the City or LBFH. It is assumed that utility services will be available within 5' of the
building perimeter.
It is our understanding that the additional building area (5 percent of the total for the entire
Burns Road site) will be approved administratively by Growth Management and will not
require further review by the Planning and Zoning Board or the City Council. This is
important in order to meet the overall project schedule.
Our fees include time to meet with staff on a regular basis during the design and
construction documents phases of service, as well as our time during construction.
Please find attached a preliminary project schedule for the Community Center and EOC.
This schedule assumes that there will be an expedited plan and permit review process by
the City, as well as an expedited approval by the City Council in awarding a construction
contract with the selected bidder. These items, along with a timely Client approval and
review throughout the design and construction documents phase, are critical to the overall
project schedule! OGS&P is making the commitment to LBFH and to the City to timely
deliver plans based on this schedule and we will provide the staffing and consultants
necessary to meet these deadlines.
While OGS&P believes that the construction time lines and phasing shown on the
preliminary schedule is sufficient for the General Contractor to have the existing portions
of the community center open in mid-September (for the existing lobby, program areas,
auditorium and gym). We obviously need to have confirmation on scheduling by the
selected General Contractor at the time of awarding the contract for construction.
Page 3
D. Clark
November 4, 2004
II. ARCHITECTURAL SERVICES
MASTER PLANNING
LBFH shall have primary site planning responsibility for Master Planning of the portion of the site
around the building. This work and the Site Plan previously prepared for the PUD approval has
been completed and will be utilized.
SCHEMATIC DESIGN
Previously approved building floor plans and elevations will be utilized.
DESIGN DEVELOPMENT
During this phase building materials and methods of construction appropriate to this project are
researched and selected. The completed Design Development package will include: floor plans,
building sections and elevations.
CONSTRUCTION DOCUMENTS
The final plans and specifications (Bid Documents) will be completed in order to allow for
competitive bidding and negotiation of the Construction Contract and for submission for a building
permit.
a. Based on an approved Schematic Design and Design Development plans, the
Construction Documents will be created including: Floor Plans, Reflected Ceiling Plans,
Building Sections and Details, Door and Finish Schedules, Building Standard Interior
Elevations (where necessary or customary) and Standard Details.
b. All Building Structural, Mechanical and Electrical Engineering will be provided through
Consulting Engineers and those fees are included.
c. The final Construction Documents will be detailed as required for Permitting, Bidding and
Construction purposes.
d. Post Construction ‘As-Builts’, if requested, will be completed on AutoCadd by the General
Contractor. A disk will be provided to the General Contractor upon completion of
Construction Documents. Significant revisions due to changes in field by Subcontractors
will be handled as an Additional Service or the Subcontractors will provide all ‘As-Builts’
to be incorporated into Construction Documents package as noted above.
BlDDlNGlNEGOTlATlON PHASE
We will coordinate directly with LBFH to assist in the competitive bidding of the Construction
Documents package. Upon submission of the final bid prices, and if requested, we will review
the bids. We will assist in the coordination of the biddinghegotiation process by issuing addenda,
making recommendations regarding the award of a Contract and reviewing the Owner -
Contractor Agreement.
CON STRU CTI 0 N AD M I N ISTRATI 0 N
Our services may include, but are not limited to, the following:
a.
b. Preconstruction meeting coordination including establishment of administrative
Assist the Owner and Contractor in obtaining general building permits.
Page 4
D. Clark
November 4,2004
procedures and decision making guidelines.
Shop Drawing / Submittal review (submitted in mylar format).
Review and approval of monthly Pay Applications and Change Order Requests prepared
by the General Contractor.
Attendance at selected Project Meetings/Job Inspections.
Job Inspections and telephone coordination with the General Contractor. General project
coordination and monitoring of overall project budget and schedule.
Review of the Contractor’s “As-Built” drawings.
Coordination of Final Project Closeout including Punchlists, Warranties, Certificates of
Substantial Completion and Certification of Final Payment. Note: all releases of lien are
by Owner.
Structural Building Threshhold Inspector services will be provided through direct contract
with LBFH and/or the City. Fees for the service are included (see attached fee summary).
The fee is based upon an estimated 20 week time period and a billing rate of $1,98O/week
for this consultant.
c.
d.
e.
f.
g. h.
I.
I I I. CO M PENS AT10 N
(See attached Fee Summary with a detailed summary of our fees).
Any Additional Services authorized by you will be on an hourly basis at our following standard
rates:
Senior Partner
Partner - Danny Brown
Director of Interior Design
Project Architect
Interior Designer
Architect I
Architect It
Project Administrator
CADD Tech I
Graphic Artist
Interior Design Assistant
Admin - Zoning
Clerical
$150 per hour
$120 per hour
$120 per hour
$100 per hour
$ 90 per hour
$80 per hour
$60 per hour
$ 60 per hour
$50 per hour
$40 per hour
$40 per hour
$ 40 per hour
$ 30 per hour
IV. ADDITIONAL SERVICES
The following services are additional services and are not included in this proposal:
a. Structural Engineering for any non-standard foundation systems (other than spread
footings on compacted soil). Geotechnical engineering and environmental assessments
will be provided by others.
b. Special zoning representation or zoning/governmental approvals - i.e. Site Plan review
meetings, DRC, Planning & Zoning or Council meetings.
C. Landscape Architectural design services.
Page 5
D. Clark
November 4,2004
d.
e.
f.
9-
h.
i.
j.
k.
I.
m.
n.
Interior Design services other than selection of primary building materials.
Civil Engineering including: i.e. horizontal control, site lighting, photometrics, paving,
drainage, grading, utilities and utility relocation (Le. electrical service and fiber optic lines).
Sitework outside of the building is excluded. All work in the aquatic area.
Extension of any utility services to the building or easement coordination.
The City will specify and direct the relocation of its fiber optic cables and any other data
or communication links with this building.
Signage and Graphics design.
Renderings, models or construction cost estimates/value engineering.
Building Security / Communications or Computer Systems Design.
Revisions to the contract documents as a result of any addendum items or contract
negotiation (i.e.: alternates, value engineering).
Impact Fees or utility connection fees.
Services of a Roofing or Data Consultant or a Construction Cost Estimator.
v. TERMS AND CONDITIONS
A. This contract is for the use of the Owner andlor his lender or affiliated interest and
is not assignable to other parties without written consent of Architect.
B. This agreement may be terminated by either party within seven days by written
notice should either party fail to perform substantially in accordance with the terms
through no fault of the party initiating the termination. Work completed (as a
percentage of fee), plus reimbursable expenses through the date of termination
or abandonment, will be payable at that time to the Architect. In the event of a
breach in the terms of this Agreement, the prevailing party shall be entitled to
receive attorney's fees and costs (including appellate fees and costs) from the
defaulting party. The venue for an action concerning this agreement shall be Palm
Beach County.
C. Should the scope of the project change from this Agreement, the fees shall be
equitably adjusted. Revisions to Client-approved plans shall be billed at the
standard hourly rates listed herein.
D. Reimbursable expenses will be billed to the Client, not to exceed $5,000 without
Client's approval, and shall include, but not be limited to:
1. Expenditures made by the Architect for the project including but not limited
to: long-distance telephone calls, application fees, computer plots (plots at
Page 6
D. Clark
November 4,2004
E.
F.
G.
H.
I.
40%, 80% and 100% are included in the Construction Documents fee),
photocopies, photography, postage and special mailings (i.e. Federal
Express, certified mail or courier services), facsimile transmissions, travel,
color floor plans, colored renderings and related expenses (Le tolls,
parking, mileage, etc.).
Standard rates applicable to certain reimbursable expenses are as follows:
24" x 36" Print / Plot
30" x 42" Print / Plot
8-1/2" x 11" B&W copies
8-1/2" x 11" Color Copy / Print
11 It x 17" Color Copy / Print
24" x 36 Color Print
Mileage
Travel Expenses
Courier / Shipping
Long Distance
Photog rap hy
$ 1.25 per sheet
$ 1.50 per sheet
$ 0.20 per sheet
$ 0.30 per sheet
$ 0.50 per sheet
$24.00 per sheet
$ 0.34 per mile
Direct Cost
Direct Cost
Direct Cost
Direct Cost
A late charge of I-%% per month on the unpaid balance shall be due and payable
after 30 days from the date of the invoice.
Statements will be provided to you on a monthly basis or at the completion of a
phase for work completed. Payments will be expected within thirty (30) days upon
receipt of an invoice.
Client understands that Architect's engineers carry Errors and Omission insurance
and agree that should a claim be generated or a problem arise out of work
performed by the engineers that Client shall seek compensation solely from the
engineers for any damages suffered by Client.
The Client agrees, to the fullest extent permitted by law, to indemnify and hold the
Design Professional harmless from any loss, claim or cost, including reasonable
attorney's fees and costs of defense, arising or resulting from the performance of
such services by other persons or entities not under direct contract with OGS&P.
Client further agrees to indemnify and hold harmless and from any and all claims
arising from modifications, clarifications, interpretations, adjustments or changes
made to the Contract Documents without approval of OGS&P to reflect changed
field or other conditions.
All terms of the standard AIA OwnedArchitect Agreement (AIA Document 8-141 -
Fourteenth Edition) are included herein.
Page 7
D. Clark
November 4, 2004
We look forward to working with you and ask that if you are in agreement with this proposal to sign and
return the original to us.
Very truly yours, A
ANTHONY E. OLIVER
Senior Partner
SIGNED & ACCEPTED:
by an Authorized Representative for
LBFH Inc.
Consulting Engineers, Surveyors and Mappers
Date
Enclosures Fee Summary
Project Schedule
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 22,2004
Meeting Date: December 2,2004
Resolution 231,2004
SubjecUAaenda Item: Resolution 231, 2004, establishing protocols for Council
Members representing the City before other government agencies and boards.
Reviewed by:
City Attorney
Submitted by:
Sheryl Stewart,
Assistant to the City
Manager
City M$ager
Originating Dept.:
Administration
Advertised:
Date:
Paper:
[XI Not Required
Affected parties
I-1 Notified
[ ] Not required
costs: !$
(Total)
!$- Current FY -
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ] Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 231,2004
[ ]None
Date Prepared: November 22,2004
Meeting Date: December 2,2004
Resolution 231,2004
During the Council Meeting on November 18, 2004, Council had a discussion regarding
Council Member communications, and how each member represents him/her self - as an
individual, on behalf of council, or a voting member of other another board. Based upon
Council discussion, staff has prepared the attached Resolution 231, 2004 for Council
action, in order to establish formal protocols for Council Member communications and
conduct for representing the City before other government agencies and boards.
The following is an explanation of each section of the Resolution:
Section 2: The City Charter specifically provides for the duties of the Mayor, and this
section is intended as a guideline for the conduct of the Mayor. Consistent with the
Charter, the Mayor is the City official that is expected to represent the City on policy
matters involving other governmental agencies, and may make presentations to such
agencies on behalf of the City.
Section 3: As the legislative governing body, City Council is expected to make policy
decisions and take formal action on items andlor issues before the body during Council
meetings. A majority vote of Council will represent the official policy statement and/or
position of the City.
Section 4: This section establishes the protocol for conduct expected of Council Members
when they address other government agencies and boards, as well as the media. Once
the City Council takes an official position through the form of a majority vote, then all
Council Members will be expected to vote andlor articulate that same position as a
representative of the City to those bodies and the media, and report this back to Council.
If a position has not been taken or a policy statement has not been made by City
Council on a particular item or issue, then as a matter of protocol the Council Member
should either abstain from voting until it can be addressed by Council as a whole, or state
that the Council has not taken a formal position yet and that he/she is representing his/her
own individual opinion and not the position of the City.
Section 5: This section establishes the protocol for conduct expected of Council Member
communications with the City’s advisory boards and committees. In order to effectively
and consistently implement the policy Council adopted in Ordinance 17, 2004, which
eliminated Council liaisons to the Citv’s advisorv boards and committees, Council Members
should not attend or participate in those meetings.
The underlying concepts for this protocol were explained in more detail in the report
on the Council-Manager form of government, and enacted by Ordinance 17,2004. The
highlights are as follows:
2
Each Council Member has equal access to information.
The main purpose for having the City’s advisory boards and committees is to provide
for effective citizen participation in the governing process. Maintaining the separation
from the perception of political influence in those discussions is important in order to
ensure that the boards and committees, serving in an advisory capacity, can make
objective recommendations to City Council.
Like Council meetings, the City’s advisory board and committee meetings are governed
by Florida Sunshine law. The meetings are now being recorded and are available for
anyone to listen bv telephone, or to receive copies of the recordings. Minutes are also
being taken, and will be provided bv the Citv Clerk to Council on a reqular basis once
thev have been formallv approved bv their respective boards and committees. If a
Council Member attends, there is a possibility that another Council Member could
attend. In order to avoid the potential or perception that Council Members are
discussing matters that will come before them for legislative action in the future, they
should not speak to one another. A more apwopriate protocol is for Council Members
to obtain as well as share information with the boards and committees through the Citv
Manaqer and/or the staff liaisons.
The separation of the policymaking and administrative roles ensures consistency and
accountability .
STAFF RECOMMENDATION: Approval of Resolution 231, 2004, establishing protocols
for representing the City before other government agencies and boards.
3
Date Prepared: November 23,2004
Resolution 231,2004
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RESOLUTION 231,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ESTABLISHING PROTOCOLS FOR
REPRESENTING THE CITY BEFORE OTHER GOVERNMENT
AGENCIES AND BOARDS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 3-1 of the Charter of the City of Palm Beach Gardens
provides that the City’s form of government shall be known as the Council-Manager
plan; and
WHEREAS, on April 1 , 2004, the City Council approved recommendations in the
“Report to City Council on the Council-Manager Form of Government”; and
WHEREAS, on June 3, 2004, the City Council adopted Ordinance 17, 2004,
which repealed existing regulations related to boards and committees in the City, and
adopted a new comprehensive ordinance that established general policies and
procedures for all boards and committees within the Code of Ordinances; and
WHEREAS, the City Council has determined that it is advisable to establish
protocols to address the representation of the City on policy matters involving other
governmental agencies and boards; 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. In accordance with Section 9-1 of the City Charter, the Mayor shall
be the City official designated to represent the City on policy matters involving other
governmental agencies and boards, and may make presentations to such agencies and
boards on behalf of the City. In the absence of the Mayor, the Vice-Mayor shall assume
these duties. In the absence of the Mayor and the Vice-Mayor, the Mayor Pro-Tem or
other Council Member shall assume these duties.
SECTION 3. The City Council is responsible as a body to make policy decisions
and take action on items andlor issues before the body during a City Council meeting.
When such action is taken by a majority vote of the Council, it will become the official
statement and position of the City Council as a matter of policy.
Date Prepared: November 23,2004
Resolution 231,2004
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SECTION 4. Once the City Council as a body takes a specific and official
position through the form of a majority vote, then all Council Members will be expected
to vote and/or articulate that position as a representative of the City to other government
agencies, boards, and the media, and report back to Council. In the absence of a
specific position or policy statement of the City Council, then each Council Member will
be expected to either abstain from voting before other government agencies and boards
on such items and/or issues until they can be addressed by Council as a body, or
clearly articulate that the City Council has not taken an official position on those items
and/or issues, and that he/she is not representing the position of the City.
SECTION 5. City Council Members no longer serve as liaisons to the City’s
advisory boards and committees as a matter of policy adopted in Ordinance 17, 2004.
To implement this policy, it is expected that Council Members will not attend or
participate in the City’s advisory board and committee meetings.
SECTION 6. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: November 23,2004
Resolution 231,2004
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PASSED AND ADOPTED this day of ,2004.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl E NCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
AYE NAY ABSENT
G:bttomey-share\RESOLUTlONS\Council Policy for representing and speaking on half of the city-reso 231 2004.doc
3
CITY OF PALM BEACH GARDEN6 CITY COUNCIL
Agenda Cover Memoraoldum
Date Prepared: November 19,2004
Meeting Date: December 2,2004
Ordinance 45,2004
SUBJECT/AGENDA ITEM
Ordinance 45, 2004: Amendment to the City’s Comprehensive Plan to Remove a Portion of
Victoria Falls Boulevard from the City’s Conceptual Thioroughfare Plan.
First Reading: An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
Amending Map “0” of the Transportation Element of the Comprehensive Plan of the City of
Palm Beach Gardens, Entitled “Conceptual Thoroughfare Plan,” to Delete the Portion of
Victoria Falls Boulevard (Segment #12) Extending from Military Trail to Alternate A1A; and
Providing an Effective Date.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Planning and Zoning ?f 1
Division Director
Tala1 M. Benothman, AICP
Christine P. Ta e City Attorney
Finance NIA
Development
Compliance N/A
Bahareh Keshavarz-Wolfs,
AICP
Growth Management
Administrator
Charles K. Wu, AICP ’
Approved By:
City Manager
Originating Dept.:
Growth Manageppt:
Project
Manager
Senior Planner
[ ] Quasi - Judicial
[ ] Legislative
[ ] Public Hearing
Advertised:
[ 3 Required
[XI Not Required
Affected Parties:
[ ]Notified TxJ Not Required
FINANCE: N/A
Costs: $ , N/A
Total
$ N/A
Current FY
Funding Source:
[ 3 Operating
[XI Other&
Budget Acct.#:
N/A
3ty Council Action:
Approved
App. wl conditions
Denied
Rec. approval
Rec. app. w/ conds.
Rec. Denial
Continued to:
4ttachments:
0 City’s Conceptual
Thoroughfare Plan (Map
0 Railroad Crossing Detail
0 Central Blvd to
Prosperity Farms Rd
Detail
Letter from City to FEC
Letter from FEC to City
&O’)
9
0
*:* Resolution 156,2001
0 Traffic Consultant’s
0 TCRPC Staff Report
0 Letter from DCA
0 Resolution 160,2004
*:* Ordinance 45,2004
Report
Date Prepared: November 19,2004
Meeting Date: December 2,2004
Ordinance 45,2004
EXECUTIVE SUMMARY
The subject petition involves a City-initiated request to amend the City’s Comprehensive Plan to
eliminate the portion of Victoria Falls Boulevard extending from Military Trail to Alternate A1A
through The Isles residential development from the City’s Conceptual Thoroughfare Plan (Map
“0”). The basis for the request derives from the fact that (1) the FEC Railway strenuously objects
to the opening of an at-grade railway crossing at the intersection of Victoria Falls Boulevard and the
FEC Railway; and (2) Victoria Falls Boulevard is designed as a local neighborhood street - the
prospect of having close to 6,000 daily vehicular trips on an arterial bisecting an already established
neighborhood would cause irreparable harm to its residents’ peaceful enjoyment of its
neighborhood character.
The Department of Community Affairs (DCA) of the State of Florida has reviewed the proposed
comprehensive plan amendment for consistency with the Comprehensive Plan of the State of
Florida, as required by Florida Statutes, and raised no objections (please see attached letter from
DCA, dated November 18,2004).
Staff is recommending APPROVAL of Ordinance 45,2004.
BACKGROUND
The City’s Conceptual Thoroughfare Plan (Map “0”; attached hereto) establishes a planned
network of public streets within the City that is intended to efficiently move traffic within the City
and serve as a backup system to the County thoroughfare roads. The actual alignments of these
public roads are to be established as part of the development review process.
Segment #12 reflected on Map “0” (herein after referred to as “Segment #l2”) provides for a future
east/west vehicular connection from Central Boulevard to Alternate A1 A between PGA Boulevard
to the south and Hood Road to the north.
In October of 2000, the City Council approved Ordinance 28, 2000 thereby approving the Isles
Planned Unit Development (PUD) consisting of approximately 379 residential units. The Isles
PUD is generally bounded by the Garden Woods residential neighborhood to the south, Military
Trail to the west, Hood Road and the Seacoast property to the north, and Alternate A1A to the east.
Due to the fact that a portion of Segment #12 traverses the Isle PUD, the developer for the PUD (1)
was required to construct said portion of roadway (herein after referred to as Victoria Falls
Boulevard) through the PUD in a configuration consistent with that shown on Map ‘0’; (2) was
required to dedicate Victoria Falls Boulevard to the City; and (3) was prohibited as a condition of
approval of the development order from privatizing or impeding Victoria Falls Boulevard in any
manner (i.e. installation of gates).
JANUARY 15,2004 CITY COUNCIL MEETING
At its January 15, 2004 meeting, the City Council directed staff to initiate an amendment to the
City’s Comprehensive Plan in order to remove Victoria Falls Boulevard from the City’s Conceptual
Thoroughfare Plan.
2
Date Prepared: November 19,2004
Meeting Date: December 2,2004
Ordinance 45,2004
IMPORTANT FACTS
The following are important facts relating to Segment #12 and Victoria Falls Boulevard that are
relevant to the analysis of this petition:
The portion of Segment #12 west of Victoria Falls Boulevard that extends from Military
Trail to Central Boulevard will be constructed by the developer for Parcel 31B upon
approval by the City of the current development application therefor, as is required pursuant
to the City’s Comprehensive Plan.
Victoria Falls Boulevard was designed to align with Florida Boulevard, which is the western
entrance into Cabana Colony (unincorporated Palm Beach County) from Alternate A1 A.
Victoria Falls Boulevard currently comes to a dead-end at the eastern property line of the
Isles PUD just west of the Florida East Coast (FEC) Railway (please see attached “Railroad
Crossing Detail”).
The aforementioned Florida Boulevard extends from Alternate AlA, east through the
Cabana Colony development and becomes Lone Pine Road that connects to Prosperity
Farms Road.
Hence, if an at-grade railway crossing was granted by the FEC at the intersection of Victoria
Falls Boulevard and Alternate AlA, the City would have the benefit of having an additional
east/west connector from Central Boulevard to Prosperity Farms Road upon completion of
the construction of the portion of Segment #12 within Parcel 31B (please see attached
‘Central Blvd. to Prosperity Farms Rd. Detail’).
LETTER FROM FLORIDA EAST COAST RAILWAY, L.L.C.
In February of 2004, staff sent a letter (attachment) to the FEC asking their position on the
possibility of a future at-grade railroad crossing at the intersection of Victoria Falls Boulevard and
the FEC Railway. The FEC issued a written response (attachment) stating that (1) the Railway
Industry as a whole does not support the opening of new at-grade crossings due to maintenance
costs, liability, and safety concerns; (2) the FEC has a long-standing policy of requiring two existing
at-grade crossings to be closed before a new crossing can be opened; and (3) the City had signed a
Stipulation of Parties on September 24, 2003, wherein the City agreed not to directly or indirectly
make an application for the opening or widening of an FEC Railway at-grade crossing for a period
of at least ten years. The letter further stated that based on the information above, the FEC was
denying a request for an at-grade railway crossing at the subject location.
CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN
The following is a list of Goals, Objectives, and Policies established in the City’s Comprehensive
Plan that are relevant to the subject petition:
3
Date Prepared: November 19,2004
Meeting Date: December 2,2004
Ordinance 45,2004
GOAL 2.1.: THE TRANSPORTATION SYSTEM IN PALM BEACH GARDENS
SHALL BE CONVENIENT, SAFE, AND EFFICIENT FOR ALL PERSONS LIVING
IN AND TRAVELING THROUGH THE CITY.
******
Objective 2.1.2: The City shall establish a network of streets that provide multiple
routes for intra community trips and alternate routes for external travel so that
neighborhood collector streets can be maintained as two-lane streets, adequate ingress
and egress is available for police, fire and emergency evacuation, and no one
neighborhood is unduly burdened by providing more than its fair share of roadway
capacity.
******
Policy 2.1.2.3.: The City shall implement the Conceptual Thoroughfare Plan (Map 0) to
ensure that there is an adequate network of public streets (City Collectors, Neighborhood
Collectors and Local Roads) to efficiently move traffic within the City and serve as a backup
system to the County thoroughfare roads. Actual alignments for these public roadways will
be established as part of the development review process.
As noted above, the City’s Comprehensive Plan encourages the provision of a “network of public
streets to efficiently move traffic within the City.”
NORTHERN PALM BEACH COUNTY TRAFFIC SUMMIT
On March 30 and 31,2001, the City hosted the Northern Palm Beach County Traffic Summit (the
“Summit”) in coordination with Palm Beach County and the Town of Jupiter in an attempt to take a
leadership role in addressing existing and potential traffic congestion in Palm Beach Gardens and in
adjacent areas. The Summit was attended by local officials representing various local governments
and other groups in northern Palm Beach County and southern Martin County.
On November 1, 2001, the City Council adopted Resolution 156, 2001 (attachment) thereby
supporting the “Summary of Results” (exhibit to Resolution 156, 2001) from the Summit. The
Summary of Results states that all traffic problems discussed fell into five (5) categories:
Community Character, Connectivity, Land Use Patterns, Level of Service, and Modes of
Transportation. Each of these five (5) categories were fbrther broken down and under each
category, either “Lack of connectivity” or “Lack of optional routes” was included (please see
attached Resolution 156,2001).
Hence, lack of connectivity within a roadway network is a prevalent issue when it comes to traffic
congestion.
4
Date Prepared: November 19,2004
Meeting Date: December 2,2004
Ordinance 45,2004
REPORT FROM THE CITY’S TRAFFIC CONSULTANT
As support information for the subject petition, staff contracted the services of the City’s Traffic
Consultant, MTP Group, Inc., in order to identify the effects of removing Victoria Falls Boulevard
from the City’s street network. The results of the consultant’s analysis were compiled into a report,
“Victoria Falls Boulevard Evaluation”, April 2004 (the “Report”) that identifies the projected
number of daily vehicular trips in the year 2015 within certain segments of roadway in close
proximity to Victoria Falls Boulevard, both including the Victoria Falls Boulevard connection
across the FEC tracks and excluding said connection from the City’s street network. The report
took into consideration the traffic impacts of several planned projects and projects currently under
construction within the City (please see attached Report).
In summary, the Report concluded the following:
+:+ The main roads impacted by the elimination of Victoria Falls Boulevard from the
Comprehensive Plan include:
9 PGA Boulevard between Military Trail and Alternate A1 A; > Hood Road between Military Trail and Alternate A1A;
9 Military Trail between PGA Boulevard and Hood Road; and
9 Alternate A1A between PGA Boulevard and Hood Road.
Q If the Victoria Falls Boulevard connection is constructed, Victoria Falls Boulevard has
potential to carry approximately 5,800 vehicular trips per day (the adopted Level of Service
for this portion of road is 14,900 vehicular trips per day).
6 If the connection is constructed, the increase in traffic along Victoria Falls Boulevard
decreases traffic volumes along PGA Boulevard, Hood Road, Military Trail, and a segment
of Alternate A1A between Hood Road and Victoria Falls Boulevard, as reflected in the table
below. However, the segment of Alternate A1A between PGA Boulevard and Victoria Falls
Boulevard has an increase in traffic of approximately 2,600 daily trips (please see table
below for details).
Note: Decreases in traffic due to the Victoria Falls Blvd. connection are shown in BOLD
Increases in traffic due to the Victoria Falls Blvd. connection are shown in ITALICS.
5
Date Prepared: November 19,2004
Meeting Date: December 2,2004
Ordinance 45,2004
Victoria Falls Boulevard: Year 2015 Daily Traffic Proiections
Roadway Segment
PGA Boulevard
Year 2015
Daily Trips Year 2015
Daily Trips of Service wffictoria
Falls w/out Victoria
Falls Connection Connection
Adopted Level
(Daily Trips)
Military Trail to 1-95 50,780 62,070 59,432
1-95 to Alt. A1A 67,674 73,771 72,148
Victoria Falls Boulevard 14,900 0 5,770
PGA Blvd. to 1-95
1-95 to Victoria Falls Blvd.
Victoria Falls Blvd. to Hood Rd.
Hood Road
Military Trail to Alt. A1A 32,500 22,258 19,974
Military Trail
48,900 54,348 51,710
48,900 44,359 41,721
48,900 44,359 43,578
Alt. AlA
PGA Blvd. to Gardens Parkway 48,900 48,747 51,385
Gardens Parkway to Victoria Falls Blvd. 48,900 5 1,063 53,701
Victoria Falls Blvd. to Hood Road 48,900 5 1,063 49,566
Source: Table 2 of attached Report prepared by MTP Group, Inc.
Summary: The table above indicates that by the year 2015, the number of daily vehicular
trips per day on the following roads exceeds the adopted level of service for said roadways
with or without the Victoria Falls Boulevard connection:
> PGA Boulevard from Military Trail to Alternate A1A; > Military Trail from PGA Blvd. to 1-95; and > Alternate A1A from Gardens Parkway to Hood Road.
However, it is important to note that the Victoria Falls Boulevard connection decreases
traffic volumes on these roadways as is indicated above.
STAFF ANALYSIS
Although the Victoria Falls Boulevard connection would (1) promote connectivity within the City;
(2) would provide for another east/west connector from Central Boulevard to Prosperity Farms
Road; and (3) would reduce vehicular trips on certain adjacent roadways; it is staffs professional
opinion that Victoria Falls Boulevard should be removed from the City’s Conceptual Thoroughfare
Plan due to the fact that the FEC Railway strenuously objects to the opening of another at-grade
railway crossing at the subject location as noted in this report and in the attached correspondence
addressed to the City from the FEC. Secondly, Victoria Falls Boulevard is designed as a local
neighborhood street. The prospect of having close to 6,000 daily vehicular trips on an arterial
bisecting an already established neighborhood would cause irreparable harm to its residents’
peaceful enjoyment of its neighborhood character. Thus, there is no need to keep Victoria Falls
Boulevard designated as a conceptual thoroughfare on Map ‘0’ of the City’s Comprehensive Plan.
6
Date Prepared: November 19,2004
Meeting Date: December 2,2004
Ordinance 45,2004
NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS:
The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has
reviewed the proposed amendment. The Treasure Coast Regional Planning Council (TCRPC)
submitted objections and comments relating to the subject request to DCA (please see attached
TCRPC staff report). No other objections were raised.
LOCAL PLANNING AGENCY
On May 25,2004, the Planning and Zoning Commission, sitting as the Local Planning Agency, held
a public hearing to review the subject petition and voted 4-2 to recommend approval of the subject
petition to the City Council. One (1) of the members of the LPA voting against the petition stated
that they felt no harm would be done by leaving the subject portion of roadway on the Conceptual
Thoroughfare Plan in hopes that at some point in the future, the FEC would grant a request to install
an at-grade railway crossing at the intersection of Victoria Falls Boulevard and the FEC Railway.
CITY COUNCIL
On August 19, 2004, the City Council approved Resolution 160, 2004 (attached) thereby
authorizing the transmittal of the proposed amendment to the Department of Community Affairs
(DCA) of the State of Florida.
DEPARTMENT OF COMMUNITY AFFAIRS
The Department of Community Affairs (DCA) of the State of Florida has reviewed the proposed
comprehensive plan amendment for consistency with the Comprehensive Plan of the State of
Florida, as required by Florida Statutes. As noted in the attached letter from DCA, dated November
18, 2004, DCA has no objections to this request. The Treasure Coast Regional Planning Council
submitted objections and comments relating to the subject request to DCA (attached); however, said
objections and comments were not supported by DCA.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Ordinance 45,2004.
7
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CITY OF PALM 6EACH GAR
10600 N. MllTARY TWL PALM BEACH QARDENS, FLORIDA 35410-4698
February 2,2004
Mr. Charles A. Stone
Director of Engineering
Florida East Coast Railroad Company
One Malaga Street
St. Augustine, Florida 32084
Re: Railroad Crossing: Interseetian of J’ictoris Falls Roulevard and Att. A1 A
As per your recent tclephone conversation with Michael J. Sanchez from our office, the
City Council of the City of Palm Beach Gardens has directed staff to initiate a
coinpreheiisive pian amendnieni EO remove Victoria Falls Boulevard from the City’s
Conccptual ’Thoroughfare Plan. As depicted on the attached map, Victoria Falls
Boulevard, a City right-of-way, extends froin Military Trail, east through Tile Isles
residential development and comes to an end at the Florida East Coast (FEC) Railroad.
The future extension of Victoria Falls Boulevard to Alternate AlA would require
traversing the FEC tracks, Staff is currently working on the aforementioned
comprehensive plan amendment application and is respectfully requesting a letter from
your office affirming FEC’s position on this issuc.
Thank you in advance for your time and cooperation. Should YQU have any questions or
comments, please contact Mr. Michael J. Sanchez, Senior Planner, at (561) 799-4241.
tirowth Management Administrator
C. Rouald M. I;crris, City Mnndger
Tala! M. Renothan, Planning and Zoning I)wisian Ihrector
Michael J. Sanchez, Senior Piantier
Florida East Coast
R A I L W A Y, L.L.C.
February 25,2004
File: #I39
PALM BEACH GARDENS: GRADE CROSSING MATTERS
VICTORIA FALLS BOULEVARD, MILEPOST 289
PROPOSED CROSSING
Mr. Charles K. Wu, AICP
Growth Management Administrator
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410-4698
DearMr. Wu:
This is in response to your letter of February 2,2004, to Mr. Charles Stone of this office and your
request for a proposed at-grade crossing at the above-noted location.
The Railway Industry as a whole does not support the opening of new at-grade crossings. Grade
crossings, in general, escalate maintenance cost and create liability and safety concerns due to the
ever increasing vehicular and rail traffic. In fact, we are working closely with FDOT to reduce the
number of at-grade crossings through closures and grade separated structures. Also, the Railway
has a long-standing policy of requiring two existing at-grade crossing to be closed before a new at-
grade crossing can be opened. This policy was implemented to stop the increasing number of
crossings being opened on the Railway.
Furthermore, the City of Palm Beach Gardens signed a Stipulation of Parties on September 24,
2003, wherein the City agreed they would not directly or indirectly, make application for the
opening or widening of a Florida East Coast Railway at-grade crossing for a period of ten years.
Based on the above information, the Railway is denying your request.
Should you have any questions or need to fiirther discuss this matter please call me at (904) 826-
2383.
Sincerely, 4. d. 8cxI/------
J. L. Schonder
Manager-Engineering Services
cc: Charles Stone
- ____.
October 19,200
RESOUTION 156,2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, SUPPORTING THE
RESULTS OF THE NORTHERN PALM BEACH COUNTY
TRAFFIC SUMMIT CONDUCTED IN THE CITY OF PALM
BEACH GARDENS ON MARCH 30 AND 31, 2001; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens has taken a leadership role in
addressing existing and potential traffic congestion in Palm Beach Gardens and adjacent
areas; and
WHEREAS, in coordination with Palm Beach County and the Town of Jupiter, the
City of Palm Beach Gardens hosted the Northern Palm Beach County Traffic Summit on
March 30 and 3 1, 2001, which was attended by local officials representing various local
governments and other groups in northern Palm Beach County and southern Martin
County; and
WHEREAS, the City of Palm Beach Gardens formally supports the recommended
policies that resulted from the traffic summit and is working with the other communities in
this area to implement those policies.
NOW, THEWFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS:
Section 1. The City Council hereby supports the “Summary of Results” from
the Northern Palm Beach County Traffic Summit, as indicated in the attached Exhibit
“A.” The top four problems identified in these results are connectivity, land-use patterns,
level of service and modes of transportation.
Section 2. The City Council hereby acknowledges that the above problem
areas are conceptual and have different relevance to individual projects based on the
design parameters of the specific project.
Section 3. The results of the traffic summit shall be used as a planning tool and
policy statement, but neither the adoption of this document by the City Council nor the
inclusion of any statement within this document is intended to amend, alter or modify the
existing comprehensive plan or ordinances of the City of Palm Beach Gardens. Any such
changes necessary to implement the results of the traffic summit would require subsequent
adoption in accordance with the applicable procedures required by the City Charter and
Florida law.
Section 4. This resolution shall become effective upon adoption.
Resolution 156,200 1 I
r) October 19,200 1 3 j
P PASSED AND ADOPTED THIS / DAY OF m-&
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILPERSON CLARK
COUNCILPERSON FURTADO
COUNCILPERSON SABATELLO
g:\sc\rcsol\trafsummit
Resolution 156,2001
~~ ._
&PROVED AS TO LEGAL FORM
AND SUFFlICIENCY:
LEONARD RUBIN
CITY ATTORNEY
AYE NAY ABSENT
2
- - .
- -_ EXHIBIT “A”
NORTHERN PALM BEACH COUNTY TRAFFIC SUMMIT
r*: 3 Ip
.
1 SUMMARY OF RESULTS I
SUMMARY
All traffic problems discussed fell into five categories:
Community Character
Connectivity
Land Use Patterns
Level of Service
Modes of Transportation
The five top problems identified in each category were as foilows:
Community Character:
Lack of Connectivity
Mass transit not used or accepted
Existing power lines
Lack of pedestrian bike paths between neighborhoods
No in tergovemmentaf coordination
Connectivity.
Gated communities with single entry
Lack of pedestrian paths between neighborhoods
Lack of optional routes
Resistance to connectivity
Not enough east/west corridors
Land Use Pattern:
Connectivity
Disincentives for collaborative work
Resistance to connectivity
General separation of land uses
Low-density development creates greater distances
Level of Service
Uniform countywide level of service encourages sprawl
Constricted roadway at lower level of service (CRALLS)
Lack of connectivity
Disincentives for collaborative work
Defining reasonable standards for capacity
Modes of Transportation
Lack of funding
Lack of meaningful bus service
Lack of optional routes
Cars needed to perform routine tasks
Mass transit not used or accepted
NORTHERN PALM BEACH COUNTY TRAFFIC SUMMIT, MARCH 30 & 31,2001
FINAL REPORT
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TABLE OF CONTENTS
INTRODUCTION ......................................................... 1
EXISTING TRAFFIC CONDITIONS ......................................... .2
TRAFFIC DIVERSIONS ................................................... .3
EVALUATION OF FUTURE (20 15) TRAFFIC CONDITIONS .................... .4
APR 1 3 2004
~~
MTP Group, Inc.
12798 Fon9sf Hill Boulevard, Sub 303
Wsf Pelm Beach, FMa 33414
1 VICTORIA FALLS BOULEVARD EVALUATION
LIST OF FIGURES
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FIGURE 1
FIGURE 2
FIGURE 3A
FIGURE 3B
FIGURE 4A
FIGURE 4B
FIGURE 5A
FIGURE 5B
'FIGURE 6A
FIGURE 6B
FIGURE 7A
FIGURE 7B
FIGURE 8A
FIGURE 8B
FIGURE 9A
FIGURE 9B
FIGURE 10A
FIGURE 10B
FIGURE 11
FIGURE 12
LOCATION
2003 PEAK SEASON DAILY TRAFFIC
PARCEL 4.05 - TRAFFIC ASSIGNMENT
PARCEL 4.05 - DAILY TRAFFIC
PARCEL 4.07A - TRAFFIC ASSIGNMENT
PARCEL 4.07A - DAILY TRAFFIC
PARCEL 4.07B - TRAFFIC ASSIGNMENT
PARCEL 4.07B - DAILY TRAFFIC
LEGACY PLACE RESIDENTIAL - TRAFFIC ASSIGNMENT
LEGACY PLACE RESIDENTIAL - DAILY TRAFFIC
LEGACY PLACE NON-RESIDENTIAL - TRAFFIC ASSIGNMENT
LEGACY PLACE NON-RESIDENTIAL - DAILY TRAFFIC
THE BENJAMIN SCHOOL - TRAFFIC ASSIGNMENT
THE BENJAMIN SCHOOL - DAILY TRAFFIC
PALM BEACH C0-R CHURCH - TRAFFIC ASSIGNMENT
PALM BEACH COMMUNITY CHURCH - DAILY TRAFFIC
PARCEL 3 1 .B - TRAFFIC ASSIGNMENT
PARCEL 3 1 .B - DAILY TRAFFIC
TOTAL TRAFFIC DIVERSIONS
20 1 5 DAILY TRAFFIC PROJECTIONS
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MTP Group, Inc.
127W Fomt Hill Boulevard, Suite 303
Wesf Palm Besah, Florids 33414
ii VICTOR~A FALLS BOULEVAW EVALUATION
LIST OF TABLES
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TABLE 1
TABLE 2
DAILY TRAFFIC DIVERSIONS
20 15 DAILY TRAFFIC PROJECTIONS
APPENDIX: YEAR 2003 24-HOUR TRAFFIC COUNTS
STATION 22 13
STATION 2604
STATION 2624
STATION 2203
STATtON 2303
HOOD ROAD WEST OF SR 8 1 1 (ALT. A 1 A)
MILITARY TRAIL SOUTH OF HOOD ROAD
MILITARY TRAIL NORTH OF PGA BOULEVARD
PGA BOULEVARD WEST OF 1-95
PGA BOULEVARD EAST OF 1-95
MTP Group, Inc.
12798 Forest Hill Boulevard, Suite 303
West Palm Beach, Floride 33414
iii VICTORIA FALLS BOULEVARD 6VALUAllON
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INTRODUCTION
Victoria Falls Boulevard is located south of Hood Road between Military Trail and Alternate
A1 A as depicted in Figure 1. This roadway is included in the City of Palm Beach Gardens
Comprehensive Plan as a future thoroughfare. The proposed thoroughfare extends from Central
Boulevard to Alternate A1 A. The segment between Military Trail and Central Boulevard has
not been built.
The City of Palm Beach Gardens is evaluating the possibility of deleting the segment of Victoria
Falls Boulevard between Military Trail and Alt. A1 A from the Comprehensive Plan. This road
traverses Parcel 4.05 which is a residential development with existing access along Military
Trail.
MTP Group, lnc. has been retained to conduct a traffic study to evaluate traffic conditions
with and without the relevant segment of Victoria Falls Boulevard. This study evaluates daily
traEc conditions in the year 2015. The study has been performed using acceptable traffic
engineering principles.
MTP Group, Inc.
12798 Forest Hill Bouleverd. Suite 303
West Palm Beech, Fm 33414
1 VICTORlA FALLS BOULEVARD EVALUATION
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EXISTING TRAFFIC CONDITIONS
The main roads impacted by elimination of Victoria Falls Boulevard from the Comprehensive
Plan include:
PGA Boulevard between Military Trail and Alt. A1A
Hood Road between Military Trail and Alt. A1A
Military Trail between PGA Boulevard and Hood Road
Alt. A1A between PGA Boulevard and Hood Road
PGA Boulevard is currently under construction for the interchange at Alt. A1A. The relevant
segment of PGA Boulevard has a six-lane-divided cross-section. The interchange includes a
grade separation at Alt. A1 A. Therefore, theoretically, the service volume for PGA Boulevard
will be higher than that of a six-lane-divided roadway. It must be noted that PGA Boulevard
has a CRALLS designation with a higher service volume.
Hood Road has an existing two-lane cross-section and will be expanded to a four-lane-divided
shortly. The expansion is a condition of development for several projects approved in the City.
Military Trail is currently built to its ultimate cross-section as a six-lane-divided roadway.
Alternate A1A is currently under construction for the interchange at PGA Boulevard. The
relevant segment of Alt. A1 A has a six-lane-divided cross-section.
The &Dendix contains 24 hour traffic counts for the relevant roadways. Traffic counts for Alt.
A1A were not available for the year 2003. The 2001 average daily traffic (ADT) was used as
follows to estimate 2003 peak season traffic:
2001 ADT 30,090
Annual Growth 1 YO
2003 ADT 30,695
Peak Season Factor 1.05
2003 Peak Season Daily Traffic 32,230
Figure 2 summarizes 2003 peak season daily traffic within the study area. As presented in this
figure, all roadway segments meet the current service volume.
MTP Group, Inc.
12798 mst Hill Bwlevatrt, Suite 303
We& Palm Beeah, Horide 33414
2 VICTORIA FALLS BOULEVARD EVALUATION
TRAFFIC DIVERSIONS
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Approved projects in the area were evaluated to determine the amount of traffic diverted to the
segment of Victoria Falls Boulevard between Military Trail and Alt. A1A. Additionally,
existing traffic was also evaluated to determine diversions due to the new road.
Diversions were estimated due to the following projects and are presented in Figures 3A
oueh 10B:
Parcel 4.05
Parcel 4.07A
Parcel 4.07B
Legacy Place Residential
Legacy Place Non-Residential
Benjamin School
Palm Beach Community Church
Parcel 3 1 .B
Diversions due to existing traffic have also been evaluated. Table 1 summarizes total traffic
diversions due to Victoria Falls Boulevard. Figure 11 depicts this information. As shown in
this figure, VictoriaFalls Boulevard has the potential to carry approximately 5,800 trips per day.
This increase in traffic decreases traffic volumes along PGA Boulevard, Hood Road, Military
Trail and the segment of Alt. A1A between Hood Road and Victoria Falls Boulevard. The
segment of Alt. A1A between PGA Boulevard and Victoria Gardens Boulevard has a slight
increase in traffic of approximately 2,600 daily trips.
MTP Group, Inc.
12798 Forest Hill Boukveni, Suite 303
West Palm Beach, FIolrlde 33414
3 VICTORIA FALLS BOULEVARD EVALUATION
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EVALUATION OF FUTURE (2015) TRAFFIC CONDITIONS
Traffic projections for the year 20 15 were obtained from the City of Palm Beach Gardens Area-
Wide Traflc Study and CRALLS Analysis Updated dated October 30,2002. These projections
were used to evaluate future traffic conditions. Table 2 summarizes daily traffic in the year
201 5 with Victoria Falls Boulevard. Figure 12 presents traffk projections in the year 201 5 with
and without this segment of Victoria Falls Boulevard.
MTP Group, Inc.
12798 forest Hill Boulevard, Suite 303
West Palm Beach, Florkla 334f4
4 VlCTORlA FALLS BOULEYARD EVALUATION
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FIGURES
-
MTP Grvup, Inc.
12798 -si Hi// Boukvad, Suite 303
W$! Pelm Beech, Horlde 33414
VICTORlA FALLS BOULEVARD EVALUATION
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<
< c
s
Hood Road
Victoria Falls Boulevard
Gardens Boulevard
PGA Boulevard
NOTTO SCALE
MTP Group, Inc.
I2798 Forest Hill Blvd. Suitc 303
West Palm Beach, FL 33414 Figure 1; Location
Ph (56 I) 7954678 Fax (561)795-0230 Victoria Falls Boulevard Evaluation DATE. 04/06/04
FILE NAME: Victoria Fab fig1 -__
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-14,900-
71 29
2L
LEGEND:
-MOOO<- Adopted Service Volume
XK)(XX Daily Traffic
CRALLS
xLD Number of lanes
-68,s.
61,627
60
Hood Road
Victoria Falls Boulevard
Gardens Boulevard
3 D
PGA Boulevard
4 + NORTH
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NOT TO SCALE
I MTP Group, Inc.
12798 Forest Hill Bbd, Suite 303 West Palm Beach, FL 33414
Ph (561) 7954678 Fax (561)795-0230
DATE: 04/06/04 FILE NAME: Victoria FaIls f@
Figure 2: 2003 Peak Season Daily Traffic
Victoria Falls Boulevard Evaluation
-___ -
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LEGEND:
xxx A proved Assignment xxx D P versions
a . 1 +6%
Hood Road
Victoria Falls Boulevard
Gardens Boulevard
PGA Boulevard
NOTTO SCALE
Figure 3A: Parcel 4.05 - Traffic Assignment
Victoria Falls Boulevard Evaluation
MTP Group, Inc.
12798 Forcst Hill Bbd, Suite 303
West Palm Beach. FL 33414
Ph (561) 7954678 Fax (561)7954230
DATE: 04/06/04
FILE NAME: VictoriaFalls fda
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LEGEND:
xxxA rovedTraffic xxx BP versions
-888
931
..
+2!u
Hood Road
Victoria Falls Boulevard
Gardens Boulevan
PGA Boulevard
tNO-.
NOTTO SCALE
7 MTP Group, Inc.
12798 Fond Hill Bkd, Suk 303 West Palm Beach. FL 33414
Ph (561) 795-0678 Fax (561)7950230
DATE: 04/06/04
FLENAME:VictoriaFallsfig3b
Figure 38: Parcel 4.05 - Daily Traffic
Victoria Falls Boulevard Evaluation
--
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LEGEND:
xxx A provedAssignment xxx D P verslons
4%
24% Hood Road
Victoria Falls Boulevard
Gardens Boulevard
PGA Boulevard
4
NOT TO SCALE
MTP Croup, Inc.
12798 Forest Hill Bbd, Suite 303
West Palm Beach. FL 33414
Ph (561) 795.0678 Fax (561)7954230
DATE: 04/06/04
Figure 4A: Parcel 4.07A - Traffic Assignment
Victoria Falls Boulevard €valuation
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-201
804
LEGEND:
roved Traffic ZAiPPvarsions
\
I
NOTTO SCALE
Hood Road
Victoria Falls Boulevard
Gardens Boulevard
PGA Boulevard
I 1 I MTP Group, he.
12798 Forest Hill Blvd. Suitc 303 Figure 48: Parcel 4.07A - Daily Traffic
West Palm Beach, FL 33414
Ph (561) 7954678 Fax (561)795.0230 DATE: 04/06/04 FILE NAME: Vidoria Falls fig4b
Victoria Falls Boulevard Evaluation
---
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Gardens Boulevard t--
LEGEND:
xxx A provedhignment xxx D P versions NOTTO SCALE
1 Figure 5A: Parcel 4.078 - Traffic Assignment
Victoria Falls Boulevard Evaluation
MTP Gmup, Inc.
12798 Forest Hill Blvd, Sub 303
West Palm Beacb, FL 33414
Ph (561) 795-0678 Fax (561)795-0230
DATE: 04/06/04
E[LE NAME: Victoria Falls @a
,
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LEGEND:
xxx A rovedTraffic xxx Bp versions
-166
333 Hood Road
fictoria Falls Boulevard
Gardens Boulevard
PGA Boulevard
?to,,
NOT TO SCALE
I Figure 5B: Parcel 4.078 - Daily Traffic MTP Gmup, Inc.
I2798 Forest Hill Blvd, Suite 303
West Palm Beach, FL, 33414
Ph (561) 795-0678 Fax (561)795-0230 DATE: 04/06104
FILE NAME: Victoria Falls fig5b
Victoria Falls Boulevard Evaluation
.~____
-
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LEGEND: xxx A provedAssignment xxx D P versions
-2%
3%
3
..-
I
NOTTO SCALE
Hood Road
Jictoria Falls Boulevard
Gardens Boulevard
PGA Boulevard
I I MTP Group, Inc.
West Palm Beach, FL 33414
Ph (561) 795-0678 Fax (561)795-0230
DATE: 04/06/04
Figure 6A: Legacy Place Residential - Tmf f ic Assignment 12798 Forest Hill BM, Suite 303
Victoria Falls Boulevard Evaluation
-_____ -
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LEGEND:
xxxA rovedTrafftc xxx Bp versions
-50
76 HoodRoad
fictoria Falls Boulevard
Gardens Boulevard
PGA Boulevard
4 NORTH
I
NOTTO SCALE
Figure 68: Legacy Place Residential - Daily Traffic
Victoria Falls Boulevard Evaluation
MTP Group, Inc.
12798 Forest Hill Bhrd, Suite 303
West Palm Beach, FL 33414
Ph (561) 7954678 Fax (561)795-0230
DATE: 04/06/04
FILE NAME: Victoria Falls fg6b L - - -
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LEGEND:
xxx A provedAssignment xxx D P verslons
-1 K
2% Hood Road
Iictoria Falls Boulevard
Gardens Boulevard
PGA Boulevard
4
I NOTTO SCALE
Figure 7A: Legacy Place Non-Residential
Traf f ic Assignment
Victoria Falls Boulevard Evaluation
MTP Group, Inc.
12798 Forest Hill Bhrd, Sui 303
West Pahn &ad2 Fz 33414
Ph (561) 7954678 Fax (561)795-0230
DATE: 04/06/04
FILE NAME: Victoria Falls fg7a
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LEGEND:
=A rovedTraffic xxx if versions
Hood Road
Jictoria Falls Boulevard
Gardens Boulevard
PGA Boulevard
NOTTO SCALE
Figure 7B: Lqac Place Non-Residential Daily r raffic
Victoria Falls Boulevard Evaluation
MTP Group, Inc.
12798 Foe Hill Bhrd, Suite 303
West Palm Beach, FL 33414 Ph (561) 795-0678 Fax (561)795-0230
DATE: 04/06/04 I__ FILE NAME: Vidoria Falls fg7b 1
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1
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LEGEND:
)oo( A provedAssignment xxx D P versions
qNORm
NOTTO SCALE
.. Jictona Falls Boulevard
Gardens Boulevard
PGA Boulevard
Figure 8A: The Benjamin School - Traffic Assignment MTP Group, Inc.
12798 Forcst Hill Blvd, Suite 303
Wed Palm Btach, FL 33414
Ph (561) 7954678 Fax (561)7954230
DATE: 04/06/04 FILE NAME: Victoria Falls tig8a
Victoria Falls Boulevard Evaluation
________-
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LEGEND:
xxxA rovedTraffic xxx 8f versions
-118
265
-.-.-.-
Hood Road
Jictoria Falls Boulevard
Gardens Boulevard
PGA Boulevard
NOTTO SCALE
Figure 88: The Benjamin School - baily Traffic
Victoria Falls Boulevard Evaluation
MTP Group, Inc.
12798 Forest HP Bhrd., Suite 303
West Palm Beach, FL 33414
Ph (561) 795-0678 Fax (561)7956230
DATE: 04/06/04 FILE NAME: Victoria Falls fie8b
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LEGEND:
xxx A provedAssignment xxx Drvsrsions
Hood Road
rictoria Falls Boulevard
Gardens Boulevard
PGA Boulevard
4 NORTH
I NOTTO SCALE
Figure 9A: Palm Beach Community Church
Traffic Assi nment
Victoria Fa1 ? s Boulevard Evaluation
MTP Group, Inc.
12798 Forest Hill Bhd, Suite 303
West Palm Beach, FL 33414
Ph (561) 7954678 Fax (561)7954230
DATE: 04/06/04 I FILE NAME: ViaOriaFalls fig9a
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LEGEND:
ved Traffic ~%Krsion*
-1 40
280 Hood Road
ktoria Falls Boulevard
Gardens Boulevard
PGA Boulevard
$NoRm
NOTTO SCALE
MTP Group, Inc.
1279% Forest Hill Bhrd., Suite 303 West Palm Beach, FL 334 14
Ph (561) 7954678 Fax (561)7954230
DATE: 04/06~
FILE NAME: VictoriaFalls f@b
Figure 98: Palm Beach Community Church Daily Traffic
Victoria Falls Boulevard Evaluation
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LEGEND: xxx A provedAssignment xxx D P versions
-9%
16% Hood Road
u'ictoria Falls Boulevard
Gardens Boulevard
PGA Boulevard
NOT TO SCALE
Figure 10A: Parcel 318 - Traffic Assignment
Victoria Falls Boulevard Evaluation
__-_ __ __
MTP Gmq, Znc.
12798 Forest Hill Blvd., Suite 303
West Palm Beach, FL 33414
Ph (561) 7954678 Fax (561)7954230 DATE: 04/06/04
FILE NAME: Victoria Falls figlOa
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- .. I c
LEGEND:
xxxA rovedTraffic xxx Bp versions
-383
682
..-.- +383 -.-.-.-.-.-.---.-
*I %
Hood Road
htoria Falls Boulevard
Gardens Boulevard
PGA Boulevard
NOTTO SCALE
Figure 108: Parcel 318 - Daily Traffic
Victoria Falls Boulevard Evaluation
MTP Group, Inc.
12798 Forest Hill Blvd, Suite 303
West Palm Beach, FL 33414
Ph (561) 795-0678 Fax (561)7954230
FILE NAME: Victoria Falls fiPr9b
DATE: 04EO6/01Ob
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a
9
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LEGEND: xxx DailyTraffic
-2,284
a 0
c
. II
Hood Road
Victoria Falls Boulevard
Gardens Boulevard
PGA Boulevard
NOTTO SCALE
Figure 11: Total Traffic Diversions
Victoria Falls Boulevard Evaluation
MTP Group, Znc.
12798 Forest Hill Bkd., Suite 303
West Palm Beach, FL 334 14
Ph (561) 7954678 Fax (561)7954230 DATE: 04108/04
FILE NAME: Victoria Falls fig1 I
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LEGEND: xxxx Without Victoria Falls Boulevard
xxxx With Victoria Falls Boulevard
Hood Road
Victoria Falls Boulevard
Gardens Boulevard
PGA Boulevard
+NORTH
NOT TO SCALE
- ______
MTP Group, Inc.
12798 Forest Hill Blvd., Suite 303
West Palm Beach, FL 33414
Ph (561) 7954678 Fax (561)7954230
FTLENAME:VictoriaFallsfe12
Figure 12: 2015 Daily Traffic Projections
Victoria Falls Boulevard Evaluation DATE: 04/08/04
~____.__ ~
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TABLES
MTP Group, Inc.
12798 Mst Hill Boukvad, Suite 303
Wbst Palm Beadr, FIorids 33414
VICTORIA FALLS BOULEVARD EVALUATEON
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v) f
.- -
'F 8 rn
0 r- s;- 3 -- c!
00 8 T-T- oog 004
Y
T-r F 00 E 0 000 cv ood e.
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APPENDIX
YEAR 2003
24-HOUR TRAFFIC COUNTS
MTP Group, Inc.
12798 Forest Hill Bwlevenl. Suite 303
Wst Pelm Beech, fkuida 33414
VICTORIA PALLS BOULEVARD EVALUATION
Palm Beach County
Two CHANNEL SrnY
01/13/2003 TO 01/14/2003
Page: I
site Reference: 240000000000
Site ID: 221300000000
Location: HOOD RD 500'W OF SR-611
TIME
------_-----
00:15
00:30
00:45
01 : 00
01:15
01:30
01:45
02:oo
02:15
02:30
02:45
03:OO
03:15
03:30
03:45
04:OO
04 : 15
04:30
04:45
05:OO
05:15
05:30
05:45
06:OO
06: 15
06:30
06:45
07:OO
07: 15
07:30
01:45
08:OO
08:15
08:45
09:oo
09:15
09:30
09:45
1o:oo
1O:lS
10:30
10:45
11:oo
11: 15
11:30
11:45
12:oo
oe:30
-_________
TOTALS
LANE1 LANE2
B APP W APP
am pm am pm
5 64 3 69
2 55 2 63
2 65 2 52
2 11 67 251 29 60 244
1 53 1 73
1 47 0 66
1 65 0 s9
25 60 225 12 49 247
1 68 2 59
0 68 0 63
0 72 1 75
12 76 284 1 4 101 298
1 94 1 85
I 90 0 73
1 93 1 49
14 70 347 02 56 263
0 72 1 67
0 73 0 66
1 76 1 65
12 67 288 24 73 271
3 62 0 56
2 105 2 62
2 99 3 63
7 14 80 366 10 15 43 224
12 72 10 44
12 70 21 47
26 57 21 47
30 80 43 242 40 92 46 184
57 40 36 35
74 39 71 35
48 30 103 21
45 224 15 124 103 313 20 111
49 39 102 30
44 23 115 13
51 29 104 24
54 31 87 16
42 42 55 21
45 23 52 11
51 192 17 113 72 266 9 57
40 9 53 6
40 10 45 6
40 12 57 4
53 6 52 4
53 7 63 1
51 5 64 3
62 219 4 22 44 223 3 11
...............................................
52 196 24 115 110 431 ie 85
50 170 8 39 59 214 8 24
________________-_-----------------------------.
3535 3594
AM Time0 07:15
AM Peaks 224
Factors PHF: .I5
PM Thee 17: 15
PM Peaks 366
Factors PUP: .87
08 : 15
431
PHP: .93
14:45
334
PUF: .02
Pile: 2213.prn
county:
TECH'S NAME: HLP
TOTAL
am Pm ________---_____----------------------
8 133
4 118
4 117
4 20 127 495
2 126
1 113
1 124
3 7 109 472
3 127
0 131
1 147
2 6 177 582
2 179
1 163
2 142
1 6 126 610
1 139
0 139
2 141
3 6 140 559
3 138
4 167
5 162
17 29 123 590
22 116
33 117
47 104
70 172 89 426
93 75
145 74
151 51
148 531 35 235
151 69
159 36
155 53
162 627 42 200
141 47
97 63
97 34
93 15
85 16
97 16
109 384 16 63
105 10
116 8
106 442 7 33
123 458 26 170
115 e
._C_________________--------------------
7129
08 : 15
627
PHF: .96
14:45
666
PHF: .93
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JAMAR Technologies, Inc. Page 1
Site Code: 2604
Station ID:
MILITARY TR 700' S OF HOOD RD
151 Keith Valley Road
Horsham, PA 19044
Change These in the Preferences Screen
Latitude: 0' 0.000 Undefined
SM 07-Jsn03 NIA Hour Totals SA Hour Totals Canbind Totals
12:w 19 187
12:15 10
12:M
12:45
01:w
01:15
01:m
01:45
02:w
02: 15
0230
02:45
03:OO
03: 15
03:30
03:45
04:W
04:15
04:30
04:45
05:OO
05: 15
05:30
05:45
06:w
06:15
06:m
06:45
07:OO
07:15
0730
07:45
OW0
08: 15
08:30
08:45
09:oo
09: 1 5
09:30
09:45
1o:w
10:15
10:30
10:45
11:oo
11:15
11%
9
11
8
4
7
5
6
1
3
1
4
2
2
4
4
4
6
10
8
19
25
39
29
68
108
163
208
235
262
266
270
260
225
208
214
182
154
169
168
1 80
140
176
132
172
186
11:45 1 89 -
Total 4575 733
186
188
177
191
166
172
222
1 74
265
192
306
282
253
286
254
236
274
253
22E
2%
311
231
204
1%
1%
15:
15i
9:
91
6;
6;
7'
7
4(
6
5
6
6
5
5
6
5
3
3
3
2
2
49
24
11
12
24
91
368
971
963
719
664
738
75 1
937
1085
988
1013
704
32!
24!
23:
20
679 10
Morning ARemoon
18 160
9
6
8
7
3
4
4
2
4
1
3
1
5
1
4
4
7
6
9
7
4
17
42
28
45
97
1 76
197
280
272
255
201
234
23 1
209
192
179
147
155
133
125
122
152
128
114
122
149 41 19 61 5
126
161
150
165
152
145
157
149
185
198
244
188
228
174
218
203
185
203
219
224
227
235
203
165
167
1X
10s
94
107
71
81
gr
8;
7:
3
5'
4:
7:
5(
5;
5l
41
3
3
11
1
1
Morning AfbmOOll
__
41
18
10
11
26
70
346
1004
875
673
532
597
61 9
776
808
81 0
889
561
353
277
21€
17f
513 7!
Morning Attemoon
37 347
19
15
19
15
7
11
9
8
5
4
4
5
7
3
8
8
11
12
19
15
23
42
81
57
113
205
339
405
515
534
521
471
494
456
41 7
406
361
301
324
301
305
262
328
260
286 ma
31 2
349
327
356
318
31 7
379
323
450
390
550
480
481
460
472
439
459
456
444
479
544
472
407
361
366
272
266
187
205
138
148
135
153
119
119
108
104
136
100
113
112
94
66
61
46
42 ~
330 33
8694 13495
Percent 38.4% 61.6% 40.1% 59.9"1. 39.2% 60.8%-
1191 1 10278 ma9 Combine
d Total 07:15 02:45
Vdume 1058 1137 1008 905 2041 1971 Peak 07:30 02:45 07:15 04:45
P.H.F. 0.980 0.897 0.900 0.927 0.956 0.896
Page I
Site Code: 000000002624
Station ID:
MILITARY TR N OF PGA BL
Start 27-Jan-03 tVA
Tim MCWl Morning Aftmoon
12:oo 21 257
1215 15 253
1230 8 203
12:45 19 27 1
01 :OO 9 214
01:15 9 24 1
01 :30 6 229
01:45 8 256
02:oo 4 227
02: 15 4 256
02:30 2 300
02~45 4 344
03:OO 2 308
03:15 1 297
0330 7 308
0345 6 292
04:oo 11 315
W.15 6 292
04:30 12 289
04:45 11 300 woo 17 327
05:15 20 346
0530 49 290
05:45 53 m3
06:oo 69 265
06:15 113 261
06:30 186 203
m45 307 212
07:OO 351 151
07:15 460 129
0730 482 87
0745 101 124 moo 487 110
08:15 464 94
w:30 413 65
w:45 400 94
09:oo 267 93
09:15 329 89
0930 259 75
m45 254 77
1o:oo 252 72
10:15 21 9 66
1o:m 239 39
10~45 253 38
11:oo 230 46
11:15 240 35
11330 24 1 34
I
Hour Totals SIA HourTotah, CanbinedTd
Morning Afternoon Morning Apteroan Morning A(tSm0ar Morning ARemoon
13 21 1 34 460
19 218 34
16 21 1 24
984 10 189 829 29
13 202 22
15 194 24
6 216 12
940 5 232 844 13
5 225 9
1 222 5
7 242 9
1127 4 297 986 8
3 288 5
10 286 11
6 294 13
1205 5 305 1173 11
4 285 15
6 306 12
10 316 22
1196 10 320 1227 21
12 100 29
16 392 36
2a 100 77
1266 35 368 1560 88
56 319 1 25
73 256 186
131 226 31 7
941 234 218 1019 541
227 187 578
299 168 759
302 131 784
491 24@ 147 633 747
256 153 743
273 131 737
229 131 642
363 242 140 555 642
235 109 502
207 111 536
186 a7 445
334 178 69 376 432
188 78 440
199 57 418
216 63 455
21 5 181 47 245 434 iai 48 41 1 iai 45 421
210 31 451
PALM BEACH COUNTY
TRAFFIC ENGINEERING
160 S AUSTRALIAN AV
WPB FL 33406 684-4030
63
32
14
16
40
1 39
675
1791
1764
1109
963
58
39
17
24
30
91
494
1077
lo00
806
784
471
414
460
41 6
435
445
488
452
478
542
641
596
583
602
597
600
598
605
620
727
738
690
671
584
517
429
430
338
297
218
271
263
225
196
234
202
200
162
146
150
123
102
85
94
80
65 ia I 796 142 I 506 45 11345 282 27 I 993 142 I 224 ~- TOM 7599 9204 5216 9589 12815 la793
Percent 45.2% 54.0% 35.2% wayo 40.5% 59.5%
16803 14805 31608 Combined
Total
Peak 07:30 05:OO 07:15 05:OO 07:15 05:OO
Volume 1931 1266 1106 1560 3033 2826
P.H.F. 0.969 0.915 0.916 0.975 0.967 0.957
Palm Beach County
Two CHRNNHL SUMMARY
01/13/2003 TO 01/14/2003
Page: 1
I I
I
I
I
I
I
1
I
I
I
I
I
I
I
I
I
Site Reference: 240000000000
Site ID: 220300000000
Location: PGA BLVD 2OO'W OF I95 E@JT
TIME
--___--___
00:15
00:30
00:45
01:oo
01:15
01:30
01:45
02:oo
02:15
02:30
02:45
03:OO
03:15
03:30
03:45
04:OO
04:15
04:30
04:45
05:oo
05:15
05:30
05:45
O6:00
06: 15
06:30
06:45
07:OO
07:15
07:30
07:45
08:OO
08:15
08:30
08:45
09:oo
09:15
09:30
09:45
1o:oo
10:15
10:30
10:45
11:oo
11:15
11:30
11:45
12:oo
21
17
12
12 61
11
7
11
12 41
7
5
7
6 25
11
3
10
9 33
12
7
15
15 49
21
26
29
54 130
50
93
140
210 493
224
251
257
323 1055
378
302
307
360
336
341
293 1330
368
330
289
348 1335
365
322
349
335 1371
370
340
452
444 1606
450
434
464
458 1806
517
560
531
473 2081
366
434
333
299 1432
242
2 91
208
179 920
184
189
179
365 1352 169 721
265 245
264 201
267 177
206 1002 144 767
213 115
224 98
239 90
290 966 64 367
241 71
268 55
241 34
317 1067 48 208
35
32
21
12 100
10
5
14
14 43
7
12
4
6 29
5
7
13
17
10
13
25 65
23
39
46
61 169
75
119
206
285 685
322
4 14
490
580 1806
576
573
559
15 40
366
377
360
395 1498
427
342
399
388 1556
323
362
338
376 1399
350
379
348
371 1448
369
332
328
347 1376
367
366
393
345 1471
357
341
334
266 1298
228
183
154
144 709
122
116
91
511 2219 108 437
502 102
436 73
413 84
391 1742 84 343
337 77
360 64
373 55
379 1449 58 254
327 39
330 57
329 32
376 1362 39 167
Pile: 2203.pm
TECH'S NAME: HLP
county:
TOTAL
am Pm ____________-_-_-----------------
56 726
49 713
33 701
24 162 688 2828
21 795
12 672
25 688
26 84 736 2891
14 688
17 684
11 687
12 54 711 2770
16 720
10 719
23 800
24 73 815 3054
29 819
17 766
28 792
40 114 805 3182
44 884
65 926
75 924
115 299 818 3552
125 723
212 775
346 667
495 1178 565 2730
546 470
665 474
747 362
903 2861 323 1629
954 306
875 305
866 270
876 3371 277 1158
767 347
700 274
680 261
597 2744 228 1110
550 192
584 162
612 145
669 2415 122 611
568 110
598 112
570 66
693 2429 87 373
AM TiM8 08 : 15
AM Peaks 1352
Factors PHP: .89
PM Times 17:15
PM Peaks 2081
Factors PHF: .92
08:OO
2288
PHF: .98
13:OO
1563
PHP: .91
08:OO
3598
PHF: .94
17 : 15
3552
PHF: .95
I
I I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Morning Affemoar Wing Aftwnoon
35 519
Palm kch County Trafk Engineering
160 S. Australian Ave
West Palm Beach, FL 33406
Mornihg Afternoon
78 960
Page I
Site Code: 000000002303
station ID:
PGA BL 2000' E OF 1-95
Latitude: 0' 0.O00 Undefined
Hour Totals WIA Hour Totals Combined Totals Start 05-Mar-03 €/A
12:w 43 441
12%
123
12:45
01:w
01:15
01 :30
01 :45
02:oo
02:15
0230
02:45
03:OO
03%
03:30
03:45
04:w
04%
043
04:45
05:w
05:15
05:30
05:45
06:w
06:15
06:30
06:45
07:OO
07: 15
07:30
07:45
08:W
08:15
0830
w.45
09:w
09:15
09:30
09:45
1o:oo
1015
1030
10:45
11:oo
11:15
11:30
28
43
21
26
15
18
19
19
I1
18
15
12
9
12
18
12
22
26
22
31
57
64
91
120
173
260
277
343
384
390
473
400
405
423
351
365
344
369
375
369
391
419
510
457
454
454
562
509
464
492
539
577
51 1
470
540
567
604
623
645
777
641
700
634
647
731
4323
851
833
64c
593
609
53c
504
4of
4oE
34s
33 1
371 w
30!
33i
35:
31(
28!
22;
18!
12r
13
81
15
9
7
I1 :45 573 5
Total 9731 2178
135
78
63
51
82
243
830
1590
1579
1453
1689
1976
21 19
2181
268t
271;
294'
223
149
136
117
5?
1938 3!
58
33
33
23
14
17
15
17
13
5
12
13
21
12
18
20
15
24
23
28
50
70
98
120
181
327
427
429
476
633
658
645
664
594
626
562
51 8
502
524
486
498
486
583
466
523
516
498
479
502
512
476
51 1
459
489
418
561
539
527
508
517
506
481
482
494
52 1
502
487
491
49:
43f
485
486
441
37:
34:
31d
28t
24;
22( m
18(
1%
17
16'
141
131
12
12
11
10
7
7
542 6
12653 1746
159
69
47
64
82
246
1055
2196
2529
2106
2053
1998
1958
2007
2058
197I
197:
184(
13%
84
67
48
2047 32
86
76
54
49
29
35
34
36
24
23
27
25
30
24
36
32
37
50
45
59
107
134
189
240
354
587
704
1060
988
966
1004
1015
1088
970
959
958
1128
1143
1150
1153
1294
1147
1181
1116
1141
1252
1325
1138
1324
1133
1029
1094
1014
945
1023 663
1131 61 7
1045 618
1069 568
1017 505
977 517
927 542
862 481
87 1 450
899 373
855 31 9
889 247
905 252
1093 203
923 235
977 178
970 142
1115 126
22384 39243
Percent 30.9% 69.1% 42.0Yo 580% 36.3% 63.7%
31511 30116 61627 (xwlbhd
Tdal
peak 11:w 04:45 0730 029 073 04:45
P.H.F. 0.846 0.912 0.979 0.951 0.943 0.951
Vdume 1938 3038 2600 21 35 4268 5039
October 15,2004
Mr. Charles Wu, AICP
Growth Management Administrator
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 334 10
Subject: City of Palm Beach Gardens Comprehensive Plan
Draft Amendments - DCA Reference No. 04- 1
Dear Mr. Wu:
Pursuant to the requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, Chapter 163, Florida Statutes, Council reviewed the above-
referenced comprehensive plan amendments at its meeting on October 15,2004.
A review report was approved by Council for transmittal to the Department of Community
Affairs as required by Section 163.3 184, Florida Statutes. A copy of the approved report is
attached for consideration by your governing body prior to adoption of the amendments. Please
send one copy of all materials related to these amendments directly to our office once they are
adopted by your governing body, pursuant to Chapter 9J-11, Florida Administrative Code.
If you have any questions, please feel free to call me.
Sincerely,
Terry L. kess, AICF
Deputy Director
TLH:wh
Attachment
“Bringing Communities To
301 East Ocean Boulevard - Suite 3
Phone (772) 221-4060 - SC 269-4060 - Fax (772) 221-4067 - E--mail - .drinlii).tcr~c.org
9 76
994
TREASURE COAST REGIONAL PLANNING COUNCIL
MEMORANDUM
To:
From:
Date:
Subject:
AGENDA ITEM 6A1 Council Members
Staff
October 15,2004 Council Meeting
Local Government Comprehensive Plan Review
Draft Amendment to the City of Palm Beach Gardens Comprehensive Plan
DCA Reference No. 04- 1
Introduction
The Local Government Comprehensive Planning and Land Development Regulation Act,
Chapter 163, Florida Statutes, requires that Council review local government
comprehensive plan amendments prior to their adoption. Under the provisions of this
law, the Department of Community Affairs (DCA) prepares an Objections,
Recommendations, and Comments (ORC) Report on a proposed amendment only if
requested to do so by the local government, the regional planning council, an affected
person, or if an ORC Report is otherwise deemed necessary by the DCA. If the local
government requests DCA to prepare an ORC Report, then Council must provide DCA
with its own objections, recommendations for modification, and comments on the
proposed amendment within 30 days of its receipt.
Background
The City of Palm Beach Gardens has proposed one amendment to the Transportation
Element of the City comprehensive plan. The City has requested that there be no formal
review of the amendment.
Evaluation d
Transportation Element
The proposed amendment would revise Map “0” (that portrays the City’s Conceptual
Thoroughfare Plan) by deleting the portion of Victoria Falls Boulevard (VFB) that
extends between Military Trail on the west and Alternate A1A on the east. A segment of
this roadway currently exists within the Isles Planned Unit Development (PUD), and it
dead ends at the property boundary east of the FEC Railway line. In support of this
proposed amendment, the City indicates the following:
.
Extraiurisdictional ImDacts
The proposed amendment was provided to the Palm Beach County Intergovernmental
Plan Amendment Review Committee and processed on March 17, 2004. According to
the Clearinghouse Coordinator, no objections were received.
Effects on Significant Regional Resources or Facilities
The proposed amendment could have negative impacts to the following significant
regional facilities: 1. PGA Boulevard, 2. Hood Road, 3. Military Trail, and 4. Alternate
A1A.
Obiections, Recommendations for Modification, and Comments
A. Objections
1. The City has not made a convincing argument that the proposed amendment is
consistent with the City comprehensive plan. The City plan calls for a planned
network of public streets to effectively move traffic within the City and serve as a
back-up to the County Thoroughfare Network. If the road were eventually built,
it would clearly improve connectivity, provide a desirable connection from
Central Boulevard to Prosperity Farms Road, and mitigate the effects of vehicular
trips on adjacent roadways. In support of the amendment, the City can only say
that the FEC does not support the crossing (or any others for that matter) and that
the residents of the Isles PUD would be more “peacefbl” in the knowledge that
Victoria Falls Boulevard would never become part of a connected street system.
The lack of an adequate, interconnected street system continues to be a problem in
several areas of the Treasure Coast Region. The City of Palm Beach Gardens has
adopted both a Conceptual Thoroughfare Plan and a Linkage Plan to prevent that
problem in areas of the City that are still being developed. The City has failed to
make an adequate case of why the VFB link should be deleted or what
alternative(s) will be adopted to replace the deletion.
The deletion of roadways that are presently part of the pfoposed network of
streets for the City is not consistent with Council’s SRPP and the recommendation
of the North County Traffic Forum sponsored by the City. Policy 7.1.2.5 of the
SRPP encourages the development of a regional roadway system of predictably
spaced and interconnected east-west, north-south streets. Ideally, these streets
should be spaced every one-quarter to one-half mile to offer multiple route
choices, disperse traffic, and discourage local travel on interstates and arterials.
The North County Traffic Forum recommended the creation of additional
linkages and improved connectivity in the area. This amendment will reduce
linkages and decrease connectivity.
Page 1 of 1
TCRPC
From: Linda Monroe [Lmonroe@co.palm-beach.fl.us]
Sent:
To: mbusha@tcrpc.org
Cc: Karen Marcus; ccisles@hotmail.com
Subject: 10-1 5-04 Staff Reportl6.A.I.
- - -- - - __ - ._ .- - . - - - -
Wednesday, October 13,2004 2:ll PM
You are not the appropriate person to receive this, but since I don't know to whom to send it, I am assuming you
will get it to the right person.
I have just read the staff recommendation for item 6.A.1. of the 10-15-04 T.C.R.P.C. agenda. There is one
minor error in the last paragraph of page one. The next to the last line says "east of the FEC Railway line." It is
actually "west". Please request that this error be corrected.
Please consider the following a letter of objection to be included in the public record.
Even though I am a planner who agrees with the concept of inter-connectivity, I totally disagree with your staff
recommendation. The F.E.C. will never permit an additional crossing over its tracks. The City of Palm Beach
Gardens certainly will never agree to closing two crossings to allow one adjacent to The Isles to be constructed.
Unfortunately, The Isles was designed with only one ingress-egress. That was poor planning, but I was not a
part of the planning process.
By denying the City's request to remove Victoria Falls Boulevard from the City's Conceptual Thoroughfare Plan,
the residents of Northern Palm Beach County will receive no benefit. With the design of The Isles, this road
cannot move people as the concept of inter-connectivity envisions. The Isles is not gated, and anyone can
currently visit any home in the community via the existing ingresslegress.
Linda Monroe
J
Map 0
Conceptual Thoroughfare Plan
~
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Hood Road
fictoria Falls Boulevard
Gardens Boulevard
PGA Boulevard
NOTTO SCALE
I I 1 Figure 1: Location MTP Group, Inc.
West Palm Beach. FL 334 14
12798 Forest Hill Blvd, Suite 303
Ph (56 1) 795-0678 Fax (561)795-0230
DATE: 04/06/04 FILE NAME: Victoria Falls fig1 I -- -.
Victoria Falls Boulevard Evaluation
0 t-
CI > J M a art E- z u1 0
’ J1/18/2004 15:24 8504883309 COMM PLANNING PAGE 02/03
STATE OF FLORIDA
DEPARTMENT 0 F COMM U N I TY AFFAI RS
”Dedicated to making Florida a better place to call home”
THADDEUS 1. COHW, AlA ]Ea BUSH
Ommor Secretary
November 18,2004
The Honorable Eric Jablin
Mayor, City of Palm Beach Gardens
City Hall
1.0500 North Military Trail
Palm Beach Gardens, Florida 334104698
Dear Mayor Jablin:
The Department of Community Affairs has completed its review oftlie proposed
Comprehensive Plm Amendment for the City of Palm Reach Gardens (DCA No. 04-1): which
was received on Scptcrnber 17,2004. Copies of the proposed amendment have been distributed
to appropriate state, regional and local ageocies for their review, and their comments arc
enclosed.
The Department has reviewed the comprehensive plan amendment for consistency with
Rule 9J-5, Florida Administrative Code (F.A.C.) and Chapter 163, Part 11, Florida Statutes (FA).
The Department does not identify any Objcctions and this letter serves as the Objections,
Recommendations and Comments (ORC) report.
For your assistance, we have attached procedures for final adoption and hmsmittal ofthc
comprchcnsivt: plan amendmcnt. If you have any qwstions, please call Roger Wilburn, Principal
Plamer, or Richard Post, MCP, Sen.ior, at (850) 922-1.81.3.
Sincere1.y yours,
Charles Gauthier, AICP
Chief, Office of Comprehensive Planning
Enclosurcs: Review Agency Cornrnents
Transmittal Procedures
cc: Mr. Charles K. Wu, AICP, Growth Management Director, City of Palm Reach Gardens
Mr. Michael Busha, Executive Director, Treasurc Coast Regional Planning Council
2SSS SHL’MARD OAK BOULEVARD tAI.LAHASSEE, FLORIDA 32399-2100
Phon a : 8 5 0.4 8 8.8 4 6 6 IS u n co m 2 78.4 4 66 FAX : 8 5 0.4 2 1 I 0 78 1 /Sun co tn 2 9 1.0 7 8 1 Intern B t add res s: hu.p_,A/w w w . d ca-.s.bu s,
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7
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12
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14
15
16
17
18
19
20
21
22
23
24
25
26
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28
29
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31
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33
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35
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40
41
42
43
44
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46
I
Date Prepared: July 19,2004
RESOLUTION 160,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AUTHORIZING THE TRANSMITTAL
OF AN AMENDMENT TO MAP ‘0’ OF THE TRANSPORTATION
ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF
PALM BEACH GARDENS TO DELETE THE PORTION OF
VICTORIA FALLS BOULEVARD EXTENDING FROM MILITARY
TRAIL TO ALTERNATE AIA FROM THE CITY’S CONCEPTUAL
THOROUGHFARE PLAN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, City staff has prepared and reviewed an amendment to Map ’0’ of
the City’s Comprehensive Plan, entitled “Conceptual Thoroughfare Plan,” to remove the
portion of Victoria Falls Boulevard extending from Military Trail to Alternate A1A from
the City’s Conceptual Thoroughfare Plan; and
WHEREAS, on May 25, 2004, the Planning and Zoning Commission, sitting as
the duly constituted Local Planning Agency for the City, recommended approval of said
amendment to the Comprehensive Plan of the City; and
WHEREAS, after due notice and public hearing, the City Council of the City of
Palm Beach Gardens deems it in the best interest of the present and future residents of
the City that the proposed Comprehensive Plan Amendment be transmitted to the
appropriate public agencies.
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 Growth Management Administrator is hereby directed to transmit
the proposed amendment to Map ‘0’ of the City’s Comprehensive Plan and supporting
data, analysis, and other relevant material to the Department of Community Affairs of the
State of Florida and other appropriate public agencies.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: July 19,2004
Resolution 160.2004
1
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5
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23
24
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45 46
PASSED AND ADOPTED this I vv+ day of WAJS~ ,2004.
ARDENS, FLORIDA
ATTEST:
BY: -/&e-*
Patricia Snider, City lerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: - Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
-- AYE NAY ABSENT
f ---
G:bttorney-share\RESOLUTlONS\victwla falls blvd - reso 160 2004.doc
2
Date Prepared: November 19,2004
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4
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6
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19
20
21
22
23
24
25
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46
ORDINANCE 45,2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING MAP “0” OF THE
TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN
OF THE CITY OF PALM BEACH GARDENS, ENTITLED
“CONCEPTUAL THOROUGHFARE PLAN,” TO DELETE THE
PORTION OF VICTORIA FALLS BOULEVARD (SEGMENT #12)
EXTENDING FROM MILITARY TRAIL TO ALTERNATE AIA; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, City staff has prepared and reviewed an amendment to Map “0” of
the Transportation Element of the City’s Comprehensive Plan, entitled “Conceptual
Thoroughfare Plan,” to remove the portion of Victoria Falls Boulevard (Segment #12)
extending from Military Trail to Alternate AIA; and
WHEREAS, on May 25, 2004, the Planning, Zoning and Appeals Board, sitting
as the duly constituted Local Planning Agency for the City, recommended approval of
said amendment to the Comprehensive Plan of the City; and
WHEREAS, the City Council finds that the subject amendment is consistent with
the City’s Comprehensive Plan; and
WHEREAS, the City Council finds that the subject amendment is consistent with
Sections 163.31 84 and 163.31 87, Florida Statutes; and
WHEREAS, the City Council acknowledges that this amendment is subject to the
provisions of Sections 163.31 84(9) and 163.31 89, Florida Statutes, and that the City
shall maintain compliance with all provisions thereof; and
WHEREAS, the City has received public input and participation through public
hearings before the Local Planning Agency and the City Council in accordance with
Section 163.31 81, Florida Statutes; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
Date Prepared: November 19,2004
Ordinance 45,2004
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SECTION 2. Map “0” of the Transportation Element of the Comprehensive Plan of
the City, entitled “Conceptual Thoroughfare Plan,” is hereby amended to delete the portion
of Victoria Falls Boulevard (Segment #12) extending from Military Trail to Alternate AIA.
SECTION 3. The City’s Growth Management Administrator is hereby directed to
ensure that this Ordinance and all other necessary documents are forwarded to the Florida
Department of Community Affairs and other agencies in accordance with Section
163.31 84(3), Florida Statutes.
SECTION 4. The effective date of this plan amendment shall be the date a final
order is issued by the Department of Community Affairs or Administration Commission
finding the amendment in compliance in accordance with Section 163.31 84(l)(b),
Florida Statutes, whichever is applicable. If a final order of noncompliance is issued by
the Administration Commission, this amendment may nevertheless be made effective
by adoption of a resolution affirming its effective status, a copy of which resolution shall
be sent to the Florida Department of Community Affairs, Division of Community
Planning, Plan Processing Team. An adopted amendment whose effective date is
delayed by law shall be considered part of the adopted plan until determined to be not in
compliance by final order of the Administration Commission. Then, it shall no longer be
part of the adopted plan unless the local government adopts a resolution affirming its
effectiveness in the manner provided by law.
(The remainder of this page left intentionally blank)
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Date Prepared: November 19,2004
Ordinance 45,2004
PASS ED this day of , 2004, upon first reading.
PASSED AND ADOPTED this day of , 2004, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY:
Eric Jablin, Mayor
~~~ ~
Joseph Russo, Vice Mayor
Annie Marie Delgado, Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
FOR AGAINST ABSENT
G:\attorney-share\ORDINANCES\arnending map o of amp plan for victoria falls - ord 45 2004.doc
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 24,2004
Meeting Date: December 2,2004
Ordinance: 47,2004
SubjedAgenda Item:
Alternative Method of Qualitjrig for Election.
[ X ] Recommendation to APPROVE
] Recommendation to DENY
Reviewed by
City Attorney
Patricia Snider, City Clerk
I
I CityManager
Originating Dept.:
City Clerk
Advertised:
Date: I2/0 1/04
Paper: Palm Beach Post
Afkcted parties
[ ]Notified
[ ] Not required
costs: $
(Total)
$-
Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approvedw/
conditions
[ 3 Denied
[ ] Continued to:
Attachments:
-Ordinance 47,2004 - Florida Statute 99.092 - Florida Statute 99.093
[ ]None
Date Prepared: November 24,2 004
Meeting Date: December 2,2004
Ordinance: 47,2004
BACKGROUND:
The Charter and Code of Ordinance do not currently address an alternative method of qualifjring for
election. Therefore, it was recommended by the State of Florida Division of Elections that we adopt
an Ordinance establishing the appropriate policy and procedure.
After researching the Florida Statutes there are two (2) specific Statutes that address electors and
elections. Florida Statute 99.092 speaks to the qual@ing fee of candidate, and Florida Statute 99.093
addresses the municipal candidates and election assessment.
These Statutes state that a person seeking to qualifjr for nomination or election to any office shall pay
a qualifLing fee, which shall consist of a filing fee and election assessment, to the officer with whom
the person qualifies, at the time of iihg his or her other qwdifjhg papers. The amount of the filing
fee is three (3) percent of the annual salary ofthe office. With the increase in Council salary adopted
by Ordinance 34,2004 the filing fee is $660.00. The amount of the election assessment is 1 percent
of the annual salary of the office which is $220.00. Therefore, the total quawing fee is $880.00.
By adopting an alternative method of qualifjring a person seeking to qw for election to any office
who is unable to pay the filing fee prescribed by Section 4-1 of this Code (Charter) without imposing
an undue burden on his or her personal resources or on resources otherwise available to him or her
may quaw to have his or her name placed on the ballot by means of the petitioning process. Upon
receipt of a written oath fiom a candidate, the City Clerk shall provide the candidate with petition
forms in sufficient numbers to facilitate the gathering of signatures pursuant to this Section. Such
forms shall be prescribed by the City Clerk.
The Oath will read:
I, , Group
, by using the alternative method of having my name placed on the ballot by means ofthe
petitioning process. I am unable to pay the filing fee and election assessment for that office without
imposing an undue burden on my personal resources or on resources otherwise available to me.
, intend to qual@ for the office of
The number of signatures needed for the petition process is determined by setting and applying a
percentage of the registered voters. This Ordinance sets 1 percent as the required number of
signatures that will be needed. It is also recommend by the elections office that ten (10) percent be
added to this number in the event any of the signatures are ruled invalid.
Using the results from the November 2004 run-off election, there were 29,559 registered voters.
Therefore, the required number of signatures would be 326 (296 required& ten percent 30).
RECOMMENDATION: StaE recommends approval of Ordinance 47,2004
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ORDINANCE 47,2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO ELECTIONS;
AMENDING CHAPTER 26, CODE OF ORDINANCES, ENTITLED
“ELECTIONS” TO PROVIDE AN ALTERNATIVE METHOD OF
QUALIFYING FOR ELECTION; PROVIDING FOR CODIFICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 26 of the Code of Ordinances provides for a method of
qualifying for election by payment of statutory filing fees and assessment fess; and
WHEREAS, the City Council has determined that it is necessary to amend said
Chapter to provide an alternative method of qualifying for election; 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 City Council hereby amends Chapter 26, Code of Ordinances,
entitled “Elections” by creating a new Section 26-- to be entitled “Alternative Method
of Qualifying” to read as follows:
Sec. 26- . Alternative method of qualifying.
(a) A person seeking to qualify for election for council member may qualify to have his
or her name placed on the ballot by means of the petitioning process prescribed in this
section, providing the person satisfies all other qualifying requirements. A person using
this petitioning process shall file an oath with the city clerk stating that he or she intends
to qualify for the office sought and stating that he or she is unable to pay the
assessment for that office without imposing an undue burden on his or her personal
resources or on resources otherwise available to him or her.
(b) For the regular election of 2005, such oath shall be filed at any time on or after
December 17, 2004, but prior to January 7, 2005. The city clerk shall prescribe the form
to be used in administering and filing such oath. No signatures shall be obtained by a
candidate on any nominating petition until he or she has filed the oath required in this
section.
Date Prepared: November 23,2004
Ordinance 47,2004
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(c) For all regular elections after 2005, such oath shall be filed at any time after the first
Monday in December of the year prior to the year in which the election is to be held, but
prior to noon on the second Monday of January of the year in which the election is to be
held. The city clerk shall prescribe the form to be used in administering and filing such
oath. No signatures shall be obtained by a candidate on any nominating petition until
he or she has filed the oath required in this section.
(d) Upon receipt of a written oath from a candidate, the city clerk shall provide the
candidate with petition forms in sufficient numbers to facilitate the gathering of
signatures pursuant to this section. Such forms shall be prescribed by the city clerk.
(e) When a candidate has filed the oath prescribed herein, he or she may begin to
seek signatures on petitions supporting his or her candidacy. Only signatures of
electors who are registered to vote in the city shall be counted toward obtaining the
minimum numbers as prescribed in this subsection. A candidate shall obtain the
signatures of a number of qualified electors equal to at least one percent (1%) of the
total number of registered electors of the city as shown by the registration lists for the
city for the last preceding election.
(f) For the regular election of 2005, each candidate shall submit the petitions for
verification to the city clerk no later than noon of January 14, 2004. The city clerk shall
cause the signatures to be verified as to their status as electors of the city. Upon
receipt of verification from the Supervisor of Elections, the city clerk shall notify each
candidate of the status of his or her petition. If the required number of signatures has
been obtained, the candidate shall, during the time prescribed for qualifying for office,
submit a copy of such notice and file his or her qualifying papers and oath with the city
clerk. The candidate shall reimburse the city for the cost of verification of the electors'
signatures.
(9) For all regular elections after 2005, each candidate shall submit the petitions for
verification to the city clerk no later than noon of the IOth day preceding the first day of
qualifying. The city clerk shall cause the signatures to be verified as to their status as
electors of the city. Upon receipt of verification from the Supervisor of Elections, the city
clerk shall notify each candidate of the status of his or her petition. If the required
number of signatures has been obtained, the candidate shall, during the time prescribed
for qualifying for office, submit a copy of such notice and file his or her qualifying papers
and oath with the city clerk. The candidate shall reimburse the city for the cost of
verification of the electors' signatures.
(h) For any special election after the date of this ordinance, the City Clerk shall
establish such deadlines for alternatively qualifying as are necessary to comply with the
deadlines established by the Supervisor of Elections.
SECTION 3. Codification of this Ordinance is hereby authorized and directed.
SECTION 4. This Ordinance shall take effect immediately upon adoption.
2
Date Prepared: November 23,2004
Ordinance 47, 2004
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46 47
PASSED this day of , 2004, upon first reading.
PASSED AND ADOPTED this day of ,2004, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY:
Eric Jablin, Mayor
Joseph Russo, Vice Mayor
Annie Marie Delgado, Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
FOR AGAINST ABSENT
G:\attorney-share\ORDINANCES\qualifying for election - ord 47 2004.doc
3
Statutes & Constitution :View Statutes :->2004->Ch0099->Section 092 : flsenate.gov Page 1 of 1
Select Year: 2004
l’hc 2004 Florida Statutcs
lGol
Title IX Chapter 99 View Entire Chapter
ELECTORS AND ELECTIONS CANDIDATES
99.092 Qualifying fee of candidate; notification of Department of State.--
(1) Each person seeking to qualify for nomination or election to any office, except a person
seeking to qualify by the alternative method pursuant to s. 99.095, s. 99.0955, or s. 99.096 and
except a person seeking to qualify as a write-in candidate, shall pay a qualifying fee, which shall
consist of a filing fee and election assessment, to the officer with whom the person qualifies, and
any party assessment levied, and shall attach the original or signed duplicate of the receipt for his
or her party assessment or pay the same, in accordance with the provisions of s. 103.121, at the
time of filing his or her other qualifying papers. The amount of the filing fee is 3 percent of the
annual salary of the office. The amount of the election assessment is 1 percent of the annual salary
of the office sought. The election assessment shall be deposited into the Elections Commission
Trust Fund. The amount of the party assessment is 2 percent of the annual salary. The annual
salary of the office for purposes of computing the filing fee, election assessment, and party
assessment shall be computed by multiplying 12 times the monthly salary, excluding any special
qualification pay, authorized for such office as of July 1 immediately preceding the first day of
qualifying. No qualifying fee shall be returned to the candidate unless the candidate withdraws his
or her candidacy before the last date to qualify. If a candidate dies prior to an election and has not
withdrawn his or her candidacy before the last date to qualify, the candidate‘s qualifying fee shall
be returned to his or her designated beneficiary, and, if the filing fee or any portion thereof has
been transferred to the political party of the candidate, the Secretary of State shall direct the
party to return that portion to the designated beneficiary of the candidate.
(2) The supervisor of elections shall, immediately after the last day for qualifying, submit to the
Department of State a list containing the names, party affiliations, and addresses of all candidates
and the offices for which they qualified.
History.--s. 24, ch. 6469, 1913; RGS 328; CGL 385; s. 3, ch. 26870, 1951; s. 12, ch. 29934, 1955; s.
4, ch. 65-378; S. 1, ch. 67-531; 5s. 10, 35, ch. 69-106; 5. 6, ch. 69-281; S. 1, ch. 74-119; S. 1, Ch.
75-123; S. 1, ch. 75-247; S. 6, ch. 77-175; S. 28, ch. 79-400; 5. 4, ch. 81-105; S. 1, ch. 83-242; S. 8,
ch. 89-338; S. 1, ch. 91-107; S. 537, ch. 95-147; 5. 11, ch. 97-13; S. 2, ch. 99-140; S. 10, ch. 99-318.
Note.--Former ss. 102.31, 99.031.
Statutes & Constitution :View Statutes :->2004->Ch0099->Section 092 : flsenate.gov Page 1 of 1
El
http://www.flsenate.gov/statutes/index.cfm?p=2&App_mode=Display_Statute&Search_S. .. 1 1 /24/2004
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright 0 2000-2004 State of Florida.
http://www.flsenate.gov/statutes/index.cfm?p=2&App_mode=Display_Statute&Search_S. .. 1 1 /24/2004
Statutes & Constitution :View Statutes :->2004->Ch0099->Section 093 : flsenate.gov Page 1 of 1
Select Year: 2004
'I'he 2004 Florida Statutes
Title IX Chapter 99 View Entire Chapter
ELECTORS AND ELECTIONS CANDIDATES
99.093 Municipal candidates; election assessment. --
(1) Each person seeking to qualify for nomination or election to a municipal office shall pay, at the
time of qualifying for office, an election assessment. The election assessment shall be an amount
equal to 1 percent of the annual salary of the office sought. Within 30 days after the close of
qualifying, the qualifying officer shall forward all assessments collected pursuant to this section to
the Department of State for deposit in the Elections Commission Trust Fund.
(2) Any person seeking to qualify for nomination or election to a municipal office who is unable to
pay the election assessment without imposing an undue burden on personal resources or on
resources otherwise available to him or her shall, upon written certification of such inability given
under oath to the qualifying officer, be exempt from paying the election assessment.
History.+. 9, ch. 89-338; s. 2, ch. 91-107; s. 538, ch. 95-147; s. 12, ch. 97-13.
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright 0 2000-2004 State of Florida.
http://www.flsenate.gov/statutes/index.cfm?p=2&App_mode=Display_Statute&Search_S. . . 1 1 /24/2004
CITY OF PALM BEACH GARDENS City Council Meeting
Agenda Cover Memorandum
Date Prepared: November 23,2004
Meeting Date: December 2,2004
Petition: Ordinance 48, 2004
SubjecUAgenda Item:
Petition:
Public Hearing: An Ordinance of the City of Palm Beach Gardens, Florida adopting the
Economic Development Element of the City of Palm Beach Gardens Comprehensive Plan;
and providing an effective date.
[ X ] Recommendation to Approve
Ordinance 48, 2004 Economic Development Element
I 1 Recommendation to DENY
Reviewed by:
P & Z Director
Tala1 Benothman, AlCP
City Attorney
Christine Tatum
Finance N/A
Human Resources N/A
I Growth Management
Originating Dept.:
Economic Development &
Marketing
Administrator ad K
Dolores A. Key
Development Compliance
NIA
Bahareh Wolfs, AlCP
Advertised:
Date:
Newspaper:
[ XX ] Required
8/12/04 Palm Beach Post
8/23/04 Palm Beach Post
9/12/04 Palm Beach Post
12/1/04 Palm Beach Post
[ ] Not Required
Affected parties
[ ]Notified
[ ] Not required
Costs: $ N/A
(Total)
$ N/A
Current Funds
Funding Source
[ ] Operating N/A
[ ]Other N/A
Budget Acct.#:
City Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments: - Staff Report . Ordinance
= Data & Analysis
9 Palm Beach Post
Advertisement
[ ]None
Economic Development City Council Meeting 12/02/04
Date Prepared: November 23, 2004
Meeting Date: December 2, 2004
Petition: Ordinance 48, 2004
BACKGROUND
The City of Palm Beach Gardens was founded on March 20,1959 by John D. MacArthur
who dreamed of turning approximately 4,000 acres of dairy land into a city where streets
were lined with trees and waterways were intertwined throughout the community - a
“garden city” that embraced environmental conservation and provided an exceptional
standard of living.
Since those early days, the City of Palm Beach Gardens has made strides to stay aligned
with that original vision and has safeguarded those desires through the Comprehensive
Plan. Green space is one of the core values of the community, as a whole, and has lured
people to Palm Beach Gardens because of the extraordinary quality of life.
Data suggests, however, that most residents must commute out of the City to find
employment. Palm Beach Gardens has evolved into an upscale bedroom community.
Economic trends are shifting away from bedroom communities; therefore, in order to
diversify and stabilize the economic base, the City of Palm Beach Gardens must attract
industries and employers.
Based on an analysis of economic conditions in the City of Palm Beach Gardens, the City
seeks to diversify the economy by encouraging growth in targeted cluster industries that
provide high wage employment and complement changing economic conditions. In
addition to developing a marketing strategy to recruit new employers, the City will continue
to review land development processes, identify areas appropriate for economic
development, encourage quality education, and maintain quality of life standards through a
balanced growth management strategy.
Florida State Statute 163.31 77 provides authority for local governments to include an
economic development element in the local Comprehensive Plan stating, “An economic
element setting forth principles and guidelines for the commercial and industrial
development, if any, and the employment and personnel utilization within the area. The
element may detail the type of commercial and industrial development sought, correlated
to the present and projected employment needs of the area and to other elements of the
plans, and may set forth methods by which a balanced and stable economic base will be
pursued .’I
ASSESSMENT OF NEED
Data for Fiscal Year 2003 indicates that approximately 80% of tax revenues are generated
by the residential component. Additionally, the City does not assess many of the traditional
taxes that other municipalities use for generating revenue and paying for services such as
utility, solid waste, storm water, or firehescue. As the City approaches build-out, it would
be prudent to diversify the tax base and generate revenue streams from non-residential
sources.
Economic Development
~
1 City Council Meeting 12/02/04
Date Prepared: November 23, 2004
Meeting Date: December 2, 2004
Petition: Ordinance 48, 2004
Further, understanding economic shifts away from bedroom communities necessitates the
diversification of the local economy. People no longer want excessive commutes to/from
work and would prefer to live, play, learn, and work in a community.
Based on an analysis of the occupational licenses issued by the City of Palm Beach
Gardens, over 97% of businesses located in Palm Beach Gardens are reliant on dollars
that already exist in the local economy (service and retail sectors). It is imperative to attract
value-added employment opportunities that match the skill sets of the citizenry and create
new sources of wealth.
Based on the skill sets of the citizenry (available work force) and demographic data
collected, the following industry sectors should be targeted for recruitment and expansion: . Medical & Pharmaceutical
Aerospace & Engineering . Information Technology . Research & Development
Business & Financial Service
Education
Corporate Headquarters
Because governmental policies are a key component of successful economic
development, staff has prepared a proposed Economic Development Element to the City
Comprehensive Plan. Growth management policies (balancing the needs of business and
citizens), regulatory environment, approval processes, licensing, taxation, and
infrastructure (traditional & emerging technologies) all play a role in the recruitment and
expansion of value-added companies. The Economic Development Element is an optional
element under the state planning statute, Chapter 163, Part II, Florida Statutes. The
adoption of an Economic Development Element will signal the City’s commitment to
successful economic development and to the priority of City policy in support of economic
development.
CONSISTENCY WITH COMPREHENSIVE PLAN
The proposed new comprehensive plan element is consistent with the Goals, Objectives
and Policies of the City’s adopted Comprehensive Plan. In particular, the proposed
Economic Development Element is consistent with and implements Policy 1 .I .6.7 of the
Future Land Use Element of the City’s Comprehensive Plan. That policy provides that the
City shall initiate proactive efforts to expand the economic base of the City, working within
the framework of existing economic agencies and groups, such as the North County
Mayors Economic Development Group, the Palm Beach County Business Development
Board and County Economic Development Department. Strategies shall include
considering the creation of a City Economic Development Advisory Board to create an
economic element of the comprehensive plan; improving communication and forging
alliances with major property owners in order to coordinate efforts in attracting new
businesses; accelerating the development approval process; encouraging redevelopment
of distressed properties; and maintaining points of contact with economic development
agencies.
Economic Development 2 City Council Meeting 12/02/04
Date Prepared: November 23, 2004
Meeting Date: December 2, 2004
Petition: Ordinance 48, 2004
NEARBY LOCAL GOVERNMENT COMMENTS~~BJECTIONS:
The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC)
has been provided the proposed amendment, and has raised no objections to date.
ECONOMIC DEVELOPMENT ADVISORY BOARD
The Economic Development Advisory Board developed the portions of the proposed
Element relating to the “fast track approval process. The Board met to review and
comment on the proposed Element, in its entirety, at its meeting on July 15, 2004. The
Board, in a 6-0 vote in favor, recommended that the Economic Development Element be
transmitted and adopted.
STAFF RECOMMENDATION
The Economic Development Element was reviewed without comments by the Development
Review Committee on July 23, 2004.
The Economic Development Element was presented in a workshop to the Planning, Zoning
and Appeals Board on July 27, 2004. The Element was then presented at a Planning,
Zoning and Appeals Board public hearing on August 24, 2004. The Economic
Development Element was approved, in a 7-0 vote, with minor modifications to verbiage
which has been incorporated into the text.
On September 28, 2004, City Council approved Resolution 186, 2004 providing for the
transmittal of the Economic Development Element for the City of Palm Beach Gardens
Com p re hensive Plan .
Treasure Coast Regional Planning Council reviewed the Economic Development Element
and issued no objections to its adoption.
The Department of Community Affairs issued no objections, recommendations, or
comments (ORC report) on the Economic Development Element.
Staff recommends APPROVAL of Ordinance 48, 2004 for the adoption of the Economic
Development Element amendment to the City of Palm Beach Gardens’ Comprehensive
Plan.
Economic Development 3 City Council Meeting 12/02/04
Date Prepared: November 24,2004
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ORDINANCE 48,2004
AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS,
FLORIDA ADOPTING A NEW ECONOMIC DEVELOPMENT
ELEMENT OF THE CITY OF PALM BEACH GARDENS
COMPREHENSIVE PLAN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens adopted a Comprehensive Plan
pursuant to the requirements of the Local Government Comprehensive Planning and
Land Development Regulation Act; and
WHEREAS, the Planning and Zoning Commission, sitting as the Local Planning
Agency, after notice and public hearing, has considered the appropriateness of the
proposed new Economic Development Element of the Comprehensive Plan of the City
and has submitted its recommendation to the City Council; and
WHEREAS, the City Council, after notice and public hearing, voted to transmit
this proposed amendment to the State land planning agency and has otherwise
complied with applicable provisions of the Florida Statutes governing amendments of
Comprehensive Plans; and
WHEREAS, the notice and hearing requirements for Comprehensive Plan
amendments, as set forth in the Florida Statutes, have been satisfied; and
WHEREAS, the City Council has taken the recommendations of the Local
Planning Agency and the comments from the public into consideration.
WHEREAS, the City Council of the City of Palm Beach Gardens finds the
proposed element is necessary to comply with Policy 1.1.6.7 of the Future Land Use
Element of the City’s Comprehensive Plan which provides that the City shall initiate
proactive efforts to expand the economic base of the City working within the framework
of existing economic agencies and groups, such as the North County Mayors Economic
Development Group, the Palm Beach County Business Development Board and County
Economic Development Department. Strategies shall include considering the creation
of a City Economic Development Advisory Board to create an economic element of the
comprehensive plan; improving communication and forging alliances with major
property owners in order to coordinate efforts in attracting new businesses; accelerating
the development approval process; encouraging redevelopment of distressed
properties; and maintaining points of contact with economic development agencies; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA that:
Date Prepared: November 24,2004
Ordinance 48,2004
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SECTION 1. A new Economic Development Element of the Comprehensive Plan
is added to read as follows:
ECONOMIC DEVELOPMENT ELEMENT
GOALS, OBJECTIVES AND POLICIES
GOAL 13.1.: THE ECONOMIC GOAL OF THE CITY OF PALM BEACH GARDENS IS
TO ACHIEVE A BALANCED AND DIVERSIFIED ECONOMY WHICH IS
COMPATIBLE WITH THE CITY’S QUALITY BUILT ENVIRONMENT AND
PROTECTS IMPORTANT NATURAL RESOURCES.
Objective 13.1 .I .: Balanced and Diversified Economy
Palm Beach Gardens shall maintain and expand a diversified economy by encouraging
growth in targeted cluster industries that provide high-wage employment and
complement changing economic conditions by supporting existing businesses and by
retaining and improving resource-based sectors, such as tourism, retirement, and
recreation.
Policy 13.1 .I .I .: The City shall continue to attract industries and employers in cluster
industries such as biotechnology, communications, information technology, medical
products, marine biology, aerospace research, and associated ancillary businesses by
creating and fostering the development of the Gardens Science and Technology
Community Development of Regional Impact.
Policy 13.1.1.2.: The City shall assist the retention and growth of existing
businesses within the City, particularly those that provide high-wage employment or that
support or complement those employment sectors.
Policy 13.1.1.3.: The City shall conserve and enhance the natural and recreational
resources that provide the foundation of the City’s retirement, recreation, and tourist
based economic sectors.
Policy 13.1 .I .4.: The City shall allocate adequate commercial, industrial, and
residential acreage through mechanisms such as zoning and land use plans to meet
future needs of a diversified economy.
Policy 13.1 .I 5.: The City shall monitor and report annual economic growth
regarding increases in the employment and average wages for targeted industries.
Policy 13.1 .I .6.: The City shall maintain and develop programs to encourage and
facilitate the expansion and relocation of target industries in the City, including, but not
limited to:
2
Date Prepared: November 24,2004
Ordinance 48.2004
1 0 Implement a targeted expedited permitting program for companies that are
2 expanding operations or moving into the City so that value-added employment may
3 be created at a faster pace; and
4 0 Continuing to review land development processes to determine where
5 opportunities for streamlining the approval process can be accomplished; and
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0 Continuing to work with the Office of Tourism, Trade and Economic Development
to facilitate expedited review of qualifying projects; and
0 Continuing to improve working relationships between government and the
business community and support the economic development efforts of private
organizations.
Objective 13.1.2.: Moderate Seasonality in Employment
The City shall promote year-round tourism to moderate seasonal employment
fluctuations in the retail and service sectors.
Policy 13.1.2.1 .: The City shall work with the County Tourist Development Council to
promote growth in year-round tourism, including increased use of the “bed tax” for that
purpose.
Objective 13.1.3.: Increased Opportunity for Small Business Enterprises
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32 participation in City-funded projects.
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45
The City shall support efforts to increase the number, viability, and growth of small
business enterprises to further strengthen and diversify the economy.
The City shall collect, develop, and disseminate information related
The City shall support small businesses by encouraging their
The City shall facilitate productive support and assistance within all
27
to small business opportunity, and minority and women business enterprises.
30
City departments for the relocation or expansion of established small businesses.
Objective 13.1.4.: Availability of Education and Training Opportunities
The City shall provide leadership to the ongoing efforts to improve the public education
system in order to encourage industry to locate or expand in Palm Beach Gardens. The
City shall encourage participation of business, economic, and educational leaders and
The City shall encourage education and training institutions to
provide education and research programs that meet the needs of targeted cluster
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Ordinance 48,2004
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industries, and encourage supplemental education to support existing businesses and
programs to stimulate new business development.
Policy 13.1.4.2.: The City shall strengthen its relationships with local higher
education institutions, such as Palm Beach Community College and Florida Atlantic
University, by providing opportunities for faculty and students to participate in City
programs that encourage econom ic develop men t and education .
Policy 13.1.4.3.: The City shall support the location of high school, vocational,
universities, and research and development training institutions proximate to economic
development centers in the City, and support high school, vocational school,
universities, and research and development training programs oriented to preparing
students for success in targeted economic development sectors.
Objective 13.1 5.: Balance between Man-Made and Natural Environment
The City shall maintain the quality of its balance between man-made and natural
environments as a means of attracting and maintaining target industries and retaining a
healthy foundation for its economy.
Policy 13.1.5.1.: The City shall encourage balance and growth in retail trade and
services by continuing to support existing regional retail services while implementing
planned growth patterns to foster neighborhood-based services to serve local needs.
Policy 13.1 5.2.: The City shall accommodate balanced growth and housing needs
of the City’s labor force by encouraging the availability of attainable housing to persons
earning a livelihood or choosing to reside in Palm Beach Gardens.
Policy 13.1 5.3:
managed growth.
The City shall maintain adequate infrastructure to accommodate
Policy 13.1.5.4: The City shall continue to provide for attractive open spaces and
sustainable natural environments that enhance the quality of life in the City and protect
the functions of important regional environmental resources.
SECTION 2. The City Manager is hereby directed to cause the Comprehensive
Plan to be amended in accordance with this Ordinance.
SECTION 3. This Ordinance shall take effect immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: November 24,2004
Ordinance 48,2004
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PASSED t h is day of ,2004, upon first reading.
PASSED AND ADOPTED this day of , 2004, on second
and final reading.
CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
BY:
Eric Jablin, Mayor
Joseph Russo, Vice Mayor
Annie Marie Delgado, Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
RV-
Christine P. Tatum, City Attorney
5
Date Prepared: November 24,2004
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ORDINANCE 48,2004
AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS,
FLORIDA ADOPTING A NEW ECONOMIC DEVELOPMENT
ELEMENT OF THE CITY OF PALM BEACH GARDENS
COMPREHENSIVE PLAN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens adopted a Comprehensive Plan
pursuant to the requirements of the Local Government Comprehensive Planning and
Land Development Regulation Act; and
WHEREAS, the Planning and Zoning Commission, sitting as the Local Planning
Agency, after notice and public hearing, has considered the appropriateness of the
proposed new Economic Development Element of the Comprehensive Plan of the City
and has submitted its recommendation to the City Council; and
WHEREAS, the City Council, after notice and public hearing, voted to transmit
this proposed amendment to the State land planning agency and has otherwise
complied with applicable provisions of the Florida Statutes governing amendments of
Comprehensive Plans; and
WHEREAS, the notice and hearing requirements for Comprehensive Plan
amendments, as set forth in the Florida Statutes, have been satisfied; and
WHEREAS, the City Council has taken the recommendations of the Local
Planning Agency and the comments from the public into consideration.
WHEREAS, the City Council of the City of Palm Beach Gardens finds the
proposed element is necessary to comply with Policy 1.1.6.7 of the Future Land Use
Element of the City’s Comprehensive Plan which provides that the City shall initiate
proactive efforts to expand the economic base of the City working within the framework
of existing economic agencies and groups, such as the North County Mayors Economic
Development Group, the Palm Beach County Business Development Board and County
Economic Development Department. Strategies shall include considering the creation
of a City Economic Development Advisory Board to create an economic element of the
comprehensive plan; improving communication and forging alliances with major
property owners in order to coordinate efforts in attracting new businesses; accelerating
the development approval process; encouraging redevelopment of distressed
properties; and maintaining points of contact with economic development agencies; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
Date Prepared: November 24,2004
Ordinance 48,2004
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SECTION 1. A new Economic Development Element of the Comprehensive Plan
is added to read as follows:
ECONOMIC DEVELOPMENT ELEMENT
GOALS, OBJECTIVES AND POLICIES
GOAL 13.1.: THE ECONOMIC GOAL OF THE CITY OF PALM BEACH GARDENS IS
TO ACHIEVE A BALANCED AND DIVERSIFIED ECONOMY WHICH IS
COMPATIBLE WITH THE CITY’S QUALITY BUILT ENVIRONMENT AND PROTECTS
IMPORTANT NATURAL RESOURCES.
Objective 13.1 .I .: Balanced and Diversified Economy
Palm Beach Gardens shall maintain and expand a diversified economy by encouraging
growth in targeted cluster industries that provide high-wage employment and
complement changing economic conditions by supporting existing businesses and by
retaining and improving resource-based sectors, such as tourism, retirement, and
recreation.
Policy 13.1 .I .I .: The City shall continue to attract industries and employers in cluster
industries such as biotechnology, communications, information technology, medical
products, marine biology, aerospace research, and associated ancillary businesses by
creating and fostering the development of the Gardens Science and Technology
Community Development of Regional Impact.
Policy 13.1.1.2.: The City shall assist the retention and growth of existing
businesses within the City, particularly those that provide high-wage employment or that
support or complement those employment sectors.
Policy 13.1 .I .3.: The City shall conserve and enhance the natural and recreational
resources that provide the foundation of the City’s retirement, recreation, and tourist
based economic sectors.
Policy 13.1 .I .4.: The City shall allocate adequate commercial, industrial, and
residential acreage through mechanisms such as zoning and land use plans to meet
future needs of a diversified economy.
Policy 13.1.1.5.: The City shall monitor and report annual economic growth
regarding increases in the employment and average wages for targeted industries.
Policy 13.1.1.6.: The City shall maintain and develop programs to encourage and
facilitate the expansion and relocation of target industries in the City, including, but not
limited to:
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Date Prepared: November 24,2004
Ordinance 48.2004
Implement a targeted expedited permitting program for companies that are
expanding operations or moving into the City so that value-added employment may
be created at a faster pace; and
Continuing to review land development processes to determine where
opportunities for streamlining the approval process can be accomplished; and
Continuing to work with the Office of Tourism, Trade and Economic Development
to facilitate expedited review of qualifying projects; and
Continuing to improve working relationships between government and the
business community and support the economic development efforts of private
organizations.
Objective 13.1.2.: Moderate Seasonality in Employment
The City shall promote year-round tourism to moderate seasonal employment
fluctuations in the retail and service sectors.
Policy 13.1.2.1 .: The City shall work with the County Tourist Development Council to
promote growth in year-round tourism, including increased use of the “bed tax” for that
purpose.
Objective 13.1.3.: Increased Opportunity for Small Business Enterprises
The City shall support efforts to increase the number, viability, and growth of small
business enterprises to further strengthen and diversify the economy.
Policy 13.1.3.1 .: The City shall collect, develop, and disseminate information related
to small business opportunity, and minority and women business enterprises.
Policy 13.1.3.2.:
participation in City-funded projects.
Policy 13.1.3.3.:
City departments for the relocation or expansion of established small businesses.
Objective 13.1.4.: Availability of Education and Training Opportunities
The City shall provide leadership to the ongoing efforts to improve the public education
system in order to encourage industry to locate or expand in Palm Beach Gardens. The
City shall encourage participation of business, economic, and educational leaders and
institutions in this effort.
The City shall support small businesses by encouraging their
The City shall facilitate productive support and assistance within all
3
Date Prepared: November 24,2004
Ordinance 48,2004
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Policy 13.1.4.1 .: The City shall encourage education and training institutions to
provide education and research programs that meet the needs of targeted cluster
industries, and encourage supplemental education to support existing businesses and
programs to stimulate new business development.
Policy 13.1.4.2.: The City shall strengthen its relationships with local higher
education institutions, such as Palm Beach Community College and Florida Atlantic
University, by providing opportunities for faculty and students to participate in City
programs that encourage economic development and education.
Policy 13.1.4.3.: The City shall support the location of high school, vocational,
universities, and research and development training institutions proximate to economic
development centers in the City, and support high school, vocational school,
universities, and research and development training programs oriented to preparing
students for success in targeted economic development sectors.
Objective 13.1 5.: Balance between Man-Made and Natural Environment
The City shall maintain the quality of its balance between man-made and natural
environments as a means of attracting and maintaining target industries and retaining a
healthy foundation for its economy.
Policy 13.1.5.1.: The City shall encourage balance and growth in retail trade and
services by continuing to support existing regional retail services while implementing
planned growth patterns to foster neighborhood-based services to serve local needs.
Policy 13.1 5.2.: The City shall accommodate balanced growth and housing needs
of the City’s labor force by encouraging the availability of attainable housing to persons
earning a livelihood or choosing to reside in Palm Beach Gardens.
Policy 13.1 5.3:
managed growth.
The City shall maintain adequate infrastructure to accommodate
Policy 13.1 5.4: The City shall continue to provide for attractive open spaces and
sustainable natural environments that enhance the quality of life in the City and protect
the functions of important regional environmental resources.
SECTION 2. The City Manager is hereby directed to cause the Comprehensive
Plan to be amended in accordance with this Ordinance.
SECTION 3. This Ordinance shall take effect immediately upon adoption.
(The remainder of this page left intentionally blank)
4
Date Prepared: November 24,2004
Ordinance 48.2004
1 PASSED this day of ,2004, upon first reading.
3 PASSED AND ADOPTED this day of ,2004, on second
4 and final reading.
2
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7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
8
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io BY:
11 Eric Jablin, Mayor
12
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17 Annie Marie Delgado, Councilmember
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14 Joseph Russo, Vice Mayor
20 David Levy, Councilmember
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23 Hal R. Valeche, Councilmember
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26 ATTEST:
30 BY:
31 Patricia Snider, City Clerk
32
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35 LEGAL SUFFICIENCY
36
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APPROVED AS TO FORM AND
39 BY:
40 Christine P. Tatum, City Attorney
41
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46
47 G:\attomey-share\ORDINANCES\comp plan - economic development - ord 48 2004.doc
5
DATA AND ANALYSIS - ECONOMIC DEVELOPMENT COMPREHENSIVE PLAN ELEMENT
BACKGROUND
The City of Palm Beach Gardens was founded on March 20, 1959 by John D. MacArthur,
multimillionaire insurance magnate and landowner. Mr. MacArthur envisioned a city where
streets were lined with trees and waterways intertwined throughout the community - a
“garden city” that embraced environmental conservation and provided an exceptional
standard of living where .residents could live and work. He embarked upon turning
approximately 4,000 acres of dairy land into this reality.
Since those early days, the City of Palm Beach Gardens has made strides to stay aligned
with that original vision and has safeguarded those desires through the Comprehensive
Plan. Approximately one-third of all development must be dedicated to green space - a
standard that is rigorously enforced. Streetscapes and landscape buffers are evident
throughout the City. Indeed, green space is one of the core values of the community as a
whole and has attracted people and companies to Palm Beach Gardens. Although many
people have moved to live in Palm Beach Gardens, data suggests that most residents
must commute out of the city for employment.
ASSESSMENT OF NEED
The City of Palm Beach Gardens has evolved into an upscale bedroom community. The
current tax base of the City reflects a dependence on residential tax assessments. See
Figure I. Data for 2003 indicates that approximately 80% of ad valorem taxes are
generated by the residential component. See Figure 2.
Economic trends are shifting away from bedroom communities; therefore, in an effort to
diversify and thus stabilize the economic base, the City of Palm Beach Gardens must
attract industries and employers. The Economic Development Advisory Board of the City
of Palm Beach Gardens has developed a strategy to diversify the local economy in order
to decrease the reliance on residential ad valorem taxes. This is of particular importance
considering the City is approaching build-out of land mass.
Additionally, the City does not assess many of the traditional taxes that other municipalities
use for generating revenue, but rather, it primarily depends on ad valorem taxes to fund
services. See Figure 3. Residents are not assessed additional taxes for utility, solid
waste, storm water, or fire rescue; and pay a minimal amount in communication services
taxes. The City has opted to pay for these services out of ad valorem assessments.
Because the City of Palm Beach Gardens has been fortunate to have land mass that has
been available for residential development, the reliance on ad valorem taxation has not
been a major concern. However, as the City approaches build-out, it is prudent to diversify
the tax base in lieu of the escalating costs of providing services to residents. The Florida
Legislature has come under increasing pressure to increase the homestead exemption
from $25,000 to $50,000 for qualifying homeowners. If passed, the effect on the City of
Palm Beach Gardens tax revenues would be substantial and would necessitate the
exploration of alternate funding mechanisms to maintain current levels of services.
Economic Development
Data & Analysis
1 City Council Meeting 12/02/04
Figure 1
Ad Valorem Taxes
T $4,500,000,000
$4,000,000,000 -
$3,500,000,000 -
$3,000,000,000 -
$2,500,000,000 - I
$2,000,000,000
$1,500,000,000
$1,000,000,000
$500,000,000
s-
1999 2000 2001 2002 2003
+Residential +Business +Other
Historical Data Compiled from Tax Rolls - City of Palm Beach Gardens, Finance - 2004
The residential component generates the bulk of tax revenues in the City of Palm Beach Gardens.
Figure 2
Commercial
20.06%
2003 Ad Valorem Tax Percentages
Other
f-l.15%
General Fund (ad valorem) $52,714,507
Data Compiled from Tax Rolls, 2003 - City of Palm Beach Gardens, Finance
The residential component generates the bulk of tax revenues in the City of Palm Beach Gardens.
Economic Development
Data & Analysis
2 City Council Meeting 12/02/04
Figure 3
Total Cost Comparison of Area Municipalities
Jupiter 906 300 80 83 46 380 $1,795
Royal Palm
Beach 1,206 300 63 84 0 0 $1,653
North Palm
Beach 1,360 300 84 80 0 0 $1,824
West Palm
Beach 1,696 300 65 192 56 0 $2,309
Riviera
Beach 2,000 300 66 134 54 0 $2,554
Comparative Prepared by Finance Division - City of Palm Beach Gardens, 2003
When all municipal revenue streams are considered, Palm Beach Gardens has one of the lowest tax burdens.
BALANCED AND DIVERSIFIED ECONOMY
Value-added employment opportunities in the City of Palm Beach Gardens can be
provided through the recruitment of new industries to and expansion of existing companies
in the City. The benefits of more diverse employment opportunities include: . Citizens with a variety of employment options enjoy a better quality of life. . Municipalities with a diverse range of corporate citizens reap a broader financial
base and more stable economy.
Regardless of an individual, public, private, or non-profit perspective, revenue is vital.
A value-added employer is defined as a company with an average (median) employee
compensation package of 10 - 15% higher than Palm Beach County’s average salary
and/or neighboring communities. Traditionally, the actual salary paid to the employee
should be 10% higher than the county average, but there are cases where the entire
employee package (life and health insurance, benefit program, IRA or retirement package,
etc.) may be considered if a company is in a specific target industry sector that is desirable
for economic growth in a municipality.
Economic Development
Data t? Analysis
3 City Council Meeting 12/02/04
In 2000, the average (median) salary in Palm Beach County was $41,007. Therefore, the
City should seek employers that pay an average salary of at least $45,107 if based on
County's average. Based on an analysis of the demographic data contained in Figure 4,
one may ascertain that residents in Palm Beach Gardens have the necessary skill sets to
attract companies that pay an annual salary of $45,107 (value-added employer for Palm
Beach Gardens).
Additionally, the small gap between median household and per capita income in Palm
Beach Gardens seems to indicate that there is one "breadwinner" or primary wage earner
per household. Typically speaking, the larger the gap between household and per capita
income, the more likely it is that there are two or more people contributing to the household
income. By contrast, the smaller the gap, the more likely it is that the monies are derived
from other income sources (investments in real estate, stock markets, etc.).
Figure 4
Median Household Income vs Per Capita Income
Palm Bou Ralon Boynsn Beach Royal Palm WoHlngm W**Plbn
olrdtnr Beach b8ch
Data Compiled from US Census 2000 - DP 3
Data indicates that the majority family income is generated from one breadwinner in
Palm Beach Gardens' households.
The official economic development organization for the county, the Business Development
Board of Palm Beach County, Inc., has identified several economic cluster areas that are
targeted for economic growth in Palm Beach County. Based on a study conducted by the
Stanford Research Institute International (SRI) in the late 199Os, cluster areas in the
county for economic growth included: Technology; Business & Financial; Medical &
Economic Development
Data & Analysis
4 City Council Meeting 12/02/04
Pharmaceutical; Aerospace & Engineering; Agri-Business; and Tourism. Source:
Cooperating to Compete in the 21“ Century: An Industry Cluster Development Strategy
for Palm Beach County, Jan. 1998.
In analyzing the SRI study and considering demographic data on workforce skill sets,
education levels, average age, and lifestyle factors compiled about the City’s residents, the
City’s Economic Development Advisory Board (comprised of private sector members)
made recommendations for the appropriate target market(s) that the City should pursue in
order to diversify the tax base.
Additional factors that were considered in identifying target markets for the recruitment of
value-added employers were: the void created by the down-sizing of Pratt-Whitney and
Sikorsky (aerospace and engineering) that created a “brain-trust” available in the county
population; growth in local business aviation (Belcan and Embraer), not to be confused
with commercial aviation industry; stability of the pharmaceutical industry; growth of local
companies in medical device manufacturing (3i - Implant Innovations and Anspach); and
cross application of skill sets in the workforce (Le., aerospace technical engineering skills
are cross applicable in a myriad of industries - specifically medical device design).
Identified industry sectors that should be targeted in order to diversify the economy of the
City of Palm Beach Gardens are: . Medical & Pharmaceutical . Aerospace & Engineering . Information Technology . Research & Development
9 Business & Financial Services . Education
Corporate Headquarters
A historical analysis of business sector growth based on Occupational Licenses issued by
the City of Palm Beach Gardens from 1987 through 2003 further emphasizes the need to
diversify the economy with value-added employer options. See Figure 5. Currently, since
the manufacturing and industry sectors are insignificant in Palm Beach Gardens, they have
been consolidated into a “commercial” category for evaluation purposes. The heavy
emphasis on service and retail is typical for bedroom communities. Service and retail
components of the economy, by definition, %pin” wealth rather than create wealth. Under
normal circumstances, both the service and retail sectors are dependent upon monies that
already exist in a geographic region.
By contrast, the commercial, industrial, and manufacturing sectors export goods and
therefore are not dependent on local money for survival. There are exceptions to’the rule.
Information Technology, for example, is usually considered a service sector industry, yet,
is not dependent on the local customer base. Thanks to the capabilities of the World Wide
Web and Internet connection, the transfer of intellectual knowledge or technology services
is a simple click of a button.
Increasingly, commercial, industrial, and manufacturing companies are opting to utilize the
Internet for marketing purposes to expand their customer base, thereby cushioning the
impacts of a specific geographically-based revenue stream. According to the Strategis
Group, the number of US households with Internet access has grown from 14.9 million in
Economic Development , I
Data 8, Analysis ,”
.* *.’
5 City Council Meeting 12/02/04
1995 to a projected 90 million in 2005. Internet marketing expenditures are projected to
grow from $1 billion in 1998 to $9 billion in 2003. Source: CE Unterberg Towbin. The
Internet opens international marketing to another customer base and makes it possible to
reach overseas markets as easily as if they were next door.
Figure 5
Growth Trends of Business Sector
3500
2 3000
In
In
c
-
2500
8 1 - 2000 9
0 g
8 2 1000
1500
0
r
P) n $ 500
0
"I
?bB/ 1YBO 1YBY lYYU lY9l 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003
+Commercial +Retail +Service
City of Palm Beach Gardens, GIS Division and Occupational Licenses Division - 2004
The service and retail sectors, which are dependent on existing dollars within the economy, have experienced growth
while the commercial sector, which creates new dollars in the local economy, has remained flat.
It is, therefore, important to create new money in the community by seeking value-added
employers that can contribute to the stability of the local economy, provide sustainable
high-paying employment opportunities to residents, and ensure a tax revenue stream not
dependent merely on land development. Equally as important is retaining and assisting
companies that are already located in Palm Beach Gardens to expand. Based on data
collected by the Occupational Licenses Division, in Fiscal Year 2003-2004, the City
maintained an 84% retention rate of operating businesses. This seems to indicate that
monies in the local economy for the service and retail sectors are strong; otherwise, the
retention rate would be less.
INVENTORY OF ASSETS
In order to attract companies that are an appropriate match for the residents of Palm
Beach Gardens, it is necessary to quantify the skill sets and number of people in the local
workforce. Generally speaking, the Palm Beach Gardens' workforce is comprised of
professionals who are in the middle of their career cycles and are more stable and
educated than surrounding areas in Palm Beach County. See Fjgures 5, 6, 7, 8, & 9.
Economic Development
Data & Analysis
6 City Council Meeting 12/02/04
Figure 6
City of Palm Beach Gardens
Population Totals
Bureau of Economic and Business Research - 2004
Palm Beach Gardens has experienced steady population growth.
Figure 7
Population 25 & Over With Bachelor's Degree or Higher
___ __ ._ - - - __ - - - - - -- - - _-
50 I-
45
40
35
.g 30
a 8 25 n
E
m C -
* ; 20
15
z f 0
II
E - h
Data Compiled from US Census 2000 - DP 2
Residents in Palm Beach Gardens are highly educated when compared to other municipalities in Palm Beach County
which indicates that the workforce is comprised of professionals.
Economic Development
Data & Analysis
7 City Council Meeting 12/02/04
I
Figure 8
Distribution of Occupations in Palm Beach Gardens
Government workers
(local, state, or federal)
10.9%
Manufacturing 6%
Agriculture, forest
fishing, 8 hunting 0.2%
Production,
transportation and
material moving 5.7%
Construction, extraction, /
8 maintenance 4.6% A
Farming, fishing 8
forestry 0.2%
I
Management,
professional, and
related 46.9%
-Service 12.3%
Sales 8 office 30.3%
Source: GCT-P13 Occupation, Industry, and Class of Worker of Employed Civilians 16 Years and Over
Data Set: Census 2000 Summary File 3 (SF 3) - Sample Data
Companies that require sophisticated skill sets would be a proper "fit" for Palm Beach Gardens based on the number of
residents that are currently employed in management and professional level jobs.
Figure 9
Median Age of Population
Palm Boca
Beach Raton
Gardens
Boynton
Beach
Royal Wellington West
Palm Palm
Beach Beach
US Census 2000 - DP .I
Data Compiled from US Census 2000 - DP 1
Residents in Palm Beach Gardens are most likely are midway through their employment cycle.
Economic Development
Data & Analysis
8 City Council Meeting 12/02/04
GOVERNMENTAL POLICIES
Other items bearing on successful economic development from a governmental
perspective are growth management policies, the regulatory environment, approval
processes, licensing, taxation, and other items that affect a companyk ability to conduct
business, and by extension, its profitability in Palm Beach Gardens.
Dedication of land space to the value-added business sector is critical, especially as the
City approaches build-out. Growth management policies that provide incentives for
nonresidential, value-added land uses, therefore, are an integral component of a
successful economic development strategy.
The City must resist the temptation to convert land space that has been dedicated to non-
retail commercial activities to other uses. See Figures IO & I?. Additionally, current
vacant land should be examined and perhaps rezoned to allow space for value-added
employers that provide new and sustainable dollars in the local economy. Again, it needs
to be emphasized that the retail component of the business sector does not qualify as a
value-added employer in the City of Palm Beach Gardens by definition, and therefore the
focus should be on land uses that promote the City’s objective of value-added employers.
As mentioned earlier, nearly 50% of land space is dedicated to residential and
approximately 80% of ad valorem tax revenues are derived from the residential component
in Palm Beach Gardens. Re-examination of bedroom communities
indicate that people want to be able to live, play, learn, and work within a 15 - 25 minute
commute, thereby raising their own quality of life. These trends can be documented in the
recent phenomena of the number of mixed-use land communities that have been popping
up throughout the United States.
See Figure IO.
Equally as important are addressing infrastructure requirements that may affect economic
growth. These issues include: road networks, public transportation, workforce availability,
education, and a myriad of other issues that enable businesses to remain competitive.
Perhaps the most critical, and not so obvious, is anticipating the trends in technology.
Value-added industries, particularly the scientific community, rely heavily on computers for
running models and for communication. Increasingly, trends are shifting to wireless
technology. As the protocol for wireless communications and related security issues are
refined, the City of Palm Beach Gardens must remain cognizant of the changing trends to
ensure that companies have access to the tools that make them competitive.
Economic Development
Data & Analysis
9 City Council Meeting 12/02/04
Figure 10
Future Land Use Within Existing City Boundaries - 2003
lndustrlal2% [Mixed Us;
Professional Office 1%
Recreation &Open Space
1%
Commercial 2%
Commercial Recreation
4% - . . .. . .^^.
Golf 6%-
Conservation 35%
City of Palm Beach Gardens - GIS Division, 2004
Nearly N of available land is currently dedicated to residential uses and over 1/3 in conservation leaving very
little available space for value-added employers.
Figure 11
Land Allocation in Palm Beach Gardens - 2004
Work L;y, 4%
h’
Play /- 25%
Live
70%
Note: “Play” element does not account for green space within the
residential or “Live” component.
City of Palm Beach Gardens - GIS Division, 2004
The majority of land space is allocated for residential components in Palm Beach Gardens
Economic Development
Data & Analysis
10 City Council Meeting 12/02/04
The City of Palm Beach Gardens does not currently offer financial incentives to expanding
or relocating companies; therefore, working with the officially sanctioned State and County
economic development organizations that offer financial incentives is paramount. Forming
strategic alliances with Enterprise Florida and the Business Development Board of Palm
Beach County will strengthen the City’s reach to prospects. The City of Palm Beach
Gardens will work with the State Office of Tourism, Trade and Economic Development
(OTTED) when appropriate to facilitate expedited review of qualifying projects.
Additionally, the City of Palm Beach Gardens offers a targeted expedited permitting
program.
TARGETED EXPEDITED PERMITTING PROGRAM
The Targeted Expedited Permitting Program expedites the planning, zoning, and building
permitting process. The Targeted Expedited Permitting Program is available to companies
that are expanding operations or moving into the City so that value added employment
may be created at a faster pace. Companies must meet specific criteria in order to qualify
for the Targeted Expedited Permitting Program.
The Targeted Expedited Permitting Program provides qualifying projects an efficient
process to resolve issues in a timely manner through face-to-face meetings with a City
representative without sacrificing any requirements as established by the City’s Code of
Ordinances. As with any project, the City of Palm Beach Gardens reserves the authority to
deny a proposal that does not meet the City code or City comprehensive plan
require men ts .
Qualifiers for the Targeted Expedited Permitting Program
8
8
8
8
Companies must fall into specific industry clusters as recommended by the
Economic Development Advisory Board. Industry areas include:
o Aerospace / Engineering
o Medical / Pharmaceutical /
o Business / Financial
RD
Services
o Information Technology
o Education
o Corporate Headquarters
Companies must create at least fifty (50) new positions in the City of Palm Beach
Gardens within the first two (2) years of operations OR expand operations as a
result of creating same amount of positions in the past two (2) years OR a
combination of the two.
Positions created must be considered value-added employment based on the
average wages and/or compensation paid by the employer.
Value-added employment is defined when the average compensation package of
positions created is at least 10% higher than the current per capita income level in
Palm Beach Gardens. This equates to $47,272 / year as of September 2003.
Economic Development
Data & Analysis
11 City Council Meeting 12/02/04
. Positions must be sustainable for a five (5) year period of time. . Companies must pass the City's due diligence process to establish solvency and
credibility prior to acceptance into the program. . Due diligence may include a Dun & Bradstreet report.
Due diligence reports must be reviewed by the Economic Development Advisory
Board, City Manager, Economic Development Administrator, and/or Finance
Administrator for the City of Palm Beach Gardens. . Companies must receive an endorsement from the Economic Development
Advisory Board to qualify or qualify for State of Florida or Palm Beach County
economic incentives as administered by the official economic development
agencies. . Company must appoint a Project Manager for communication purposes.
Start date for filling newly created positions will be considered within six (6) months
after company receives a Certificate of Occupancy.
OR . Companies may qualify for Targeted Expedited Permitting Program if the company
is a sanctioned project by the State of Florida or officially sanctioned economic
development organizations (OTTED, Enterprise Florida, or Business Development
Board of Palm Beach County).
BENEFITS OF THE TARGETED EXPEDITED PERMITTING PROGRAM
Companies that have been accepted into the Targeted Expedited Permitting Program shall
receive: . A single Point of Contact for the approval process as appointed by the City Manager
or Economic Development Administrator. . Establishment of necessary steps required for project approval in pre-application
meeting with the Growth Management Department.
Itemized completion timetable. . Priority at every phase of the review process by City staff, including face-to-face
meetings. . Review by City staff conducted within five (5) business days of submission.
Economic Development
Data & Analysis
12 City Council Meeting 12/02/04
. If problems are identified, a face-to-face meeting of all concerned parties will be
called within two (2) business days so that a resolution may be found in a timely and
efficient manner. . City-appointed Point of Contact will be kept apprised of all developments regarding
a project by City’s Engineering, Growth Management, and Building Departments in
order to trouble-shoot and keep sanctioned projects on track. . City’s Point of Contact will provide a weekly status report (minimally) to Company’s
Project Manager. . An economic impact report that will be included with the staff reports to the
Planning, Zoning, and Appeals Board and City Council.
SEASONAL EMPLOYMENT FLUCTUATIONS IN THE RETAIL AND SERVICE SECTORS
South Florida has had the reputation of the perfect vacation spot during the winter months.
This has resulted in a large percentage of seasonal employment options and has
contributed to drastic swings in locally generated tourist dollars. PGA National Resort and
Spa, The Marriot of Palm Beach Gardens, and DoubleTree Hotel all have vast swings in
“tourist” bookings between the winter and the summer months, and therefore employment.
Indeed, many of the local hotels and tourism-related industries (restaurants, marinas, etc.)
offer special packages during “off season” in order to generate business.
Additionally, the estimated number of hotel guests and the associated revenues derived
from the tourism industry have not fully recovered from the aftermath of September 11,
2001. In the Report on Palm Beach County Tourism, Fiscal Year 2002/2003 prepared by
Profile Marketing Research for the Tourist Development Council of Palm Beach County,
the area is slowly recovering in attracting tourists. See Figure 12.
The City of Palm Beach Gardens can leverage its “destination spot” reputation with the
recent announcement of Scripps-Florida to minimize the fluctuations in seasonal
employment.
Economic Development
Data & Analysis
13 City Council Meeting 12/02/04
Figure 12
SUMMARY OF REslLARCH STATISTICS
Estmated Number of 4 856,438 4 530 858 4 505 36d 4 224,846 3.952 996' 4 440.780 487,784 'fisIton
Estimated Hotel Guest
Expenditures (In Millions) $1.336 $1,504 S' 541 $1 436 f1,352+ 31 62& 276
Money Spent Per Hotel
NlpMs m HoteVMotel 46 I 47 47 52 1 35 33 I I,
'Propertes well below 50 moms are only irc lided n room courlt and 3taI inbeitory
1 The TDC estimates that the tom number of visitors to Pa rr Beaca County s WO :nes 'he number os me guests
This estimation ratio has been ir use since '93Ei46
"Statimg :n fiscal year 2001102 if party sze is greater Man 8 or 'numwr cf rocfrs occupied s greater than 3 then data wlthin 'party
slze and number of moms occupied s deleteo %or to 5scd fear :001!C2 if party size or number of rooms occ~pled #as
greater than 10 both were recoded to 1 f party size was greater tben 15 any sze and nrlrnber of rooms occu~~ed were
both recoded as missing data if 3arty size was greater than 1 snd nmber 0' rooms OccJpled was oiank tor vice refsa I
both were recoded as missing data
manner in whrh side tnp expendtures are como&d
+ Difference in hotel guest soending 'or
2 ADR = Average rate pec occupled room
3 Room ntghts occupled = (It total roorns'occupancy) * annual rm nqhtsl
2001/02 - FY,1002/03 as cowpared to Fv 1997/38 - FY2WOIO1 reflects remfon to the
Report on Palm Beach County Tourism
Fiscal Year 2002/2003 (Oct 2002 - Sept 2003)
Prepared for: Tourist Development Council of Palm Beach County, Inc.
Prepared by: Profile Marketing Research, December 3, 2003
Although tourism is a major source of "new money" in the local economy, data suggests that catastrophic events, such as
9-1 1, can have a significant impact.
SMALL BUSINESS ENTERPRISES
The City of Palm Beach Gardens values its small business enterprises and understands
that much of the character of the City is dependant on the uniqueness and customer
service that is provided by small business. It also recognizes the important contribution
that small business plays in expanding the workforce. Both the North Palm Beach County
Chamber of Commerce and the PGA Corridor Association play a vital role in representing
and assisting the small businesses in the City; as a result, the City has developed strategic
alliances with both groups.
Economic Development
Data & Analysis
14 City Council Meeting 12/02/04
P u B LIC EDUCATION
The State of Florida lags behind in the field of educational excellence when benchmarked
against other states. Although a child can receive an excellent education in Florida, much
needs to be done to raise the standards for all children. Education is one of the most
important factors that a relocating company wants addressed. Whether it is for employees’
children, continuing education for the employees themselves, or for the area’s workforce at
large, educational opportunities are a critical element in the private sector.
Results of the FCAT- 2002/2003 indicate that the City of Palm Beach Gardens needs to
take an active role in trying to raise the educational standards of the City’s youth. An
analysis of area school scores indicates that area students are not competitive in today’s
world. See Figure 13. Average SAT scores of high schools students located with Palm
Beach Gardens are in the low 1,000 range which, when compared to the average SAT
scores for Florida universities, are not competitive. See Figures 14 & 15. Additionally,
graduates are only “somewhat qualified” to attain entrance into universities across the
United States in regards to SAT scores. See Figure 16. When compared to SAT entrance
requirements for the top ten universities in the United States, the average high school
graduate in Palm Beach Gardens would not be considered for admission. See Figure 1 7.
Figure 13
FCAT Results in Palm Beach Gardens Schools
FCAT Results 2003 & 2004
WT Dwyer High ~I~~ -~
PBG High
WB Duncan Middle
HL Watkin Middle
Timber Trace Elementary
PBG Elementary
Lake Park Elementary
Grove Park Elementary
Eisenhower Elementary
Allamanda Elementary
D C B A
Florida School Grades: Accountability Report - Florida Department of Education
f CA T Scores indicate there is room for improvement in public schools.
Economic Development
Data & Analysis
15 City Council Meeting 12/02/04
Figure 14
Scholastic Assessment Test (SAT)
Number Percent of 12th Mean
School Name Year Tested Graders Tested Score
PALM BEACH GARDENS HIGH
SCHOOL 2002-2003 261 60.8 1015
WILLIAM T. DWYER HIGH SCHOOL 2002-2003 256 55.7 1014
Florida School Indicators Report, Florida Department of Education 2003
Mean SAT scores in 2002-2003 of public high school students in Palm Beach Gardens.
Figure 15
Sample of Florida Universities
SAT Scores for Admission
Barry University 880 - 1080
Eckerd College 1020 - 1250
900- 1110
930 - 1130
910 - 1110
Florida International University 960 - 1140
Florida State University 1040 - 1240
Jacksonville University 940-1170
New College of Florida 1230 - 1410
University of Central Florida 1030 - 1230
University of Florida 1130 - 1340
University of Miami 1160 - 1320
1000 - 1190
Universitv of South Florida 950 - 1150
Florida A & M University
Florida Gulf Coast University
Florida Atlantic University
University of North Florida
I University of West Florida 990-1190 I
Data Source: CollegeBoard. com, Side-by-Side Comparisons - 2003
Median SAT scores at the two local high schools indicate that approximately % of the graduates would not
meet minimum SAT requirements for six of the major universities in the State of Florida.
Economic Development
Data & Analysis
16 City Council Meeting 12/02/04
Figure 16
Who is Prepared for College?
Students were classified in two-stage process. The initial classification was determined as follows:
Very highly qualified: those whose highest value on any of the five criteria would put them among the top 10
percent of 4-year college students (specifically the NELS 1992 graduating seniors who enrolled in 4-year
colleges and universities) for that criterion. Minimum values were GPA=3.7, class rank percentile=96, NELS test
percentile=97, combined SAT=I 250, composite ACT=28.
Highly qualified: those whose highest value on any of the five criteria would put them among the top 25 percent
of 4-year college students (but not the top 10 percent) for that criterion. Minimum values were GPA=3.6, class
rank percentile=89, NELS test percentile=90, combined SAT=I 1 10, composite ACT=25.
Somewhat qualified: those whose highest value on any of the five criteria would put them among the top 50
percent (but not the top 25 percent, i.e., in the second quartile) of 4-year college students for that criterion.
Minimum values were GPA=3.2, class rank percentile=75, NELS test percentile=76, combined SAT=960,
composite ACT=22.
Minimally qualified: those whose highest value on any of the five criteria would put them among the top 75
percent (but not the top 50 percent, i.e., in the third quartile) of 4-year college students for that criterion.
Minimum values were GPA=2.7, class rank percentile=54, NELS test percentile=56, combined SAT=820,
composite ACT=19.
Marginally or not qualified: those who had no value on any criterion that would put them among the top 75
percent of 4-year college students (Le., all values were in the lowest quartile). In addition, those in vocational
programs (according totheir high school transcript) were classified as not college qualified.
National Center for Education Statistics - Note 9: The College Qualification Index
Access to Postsecondary Education for the 1992 High School Graduates
Approximately % of the graduates of Palm Beach Gardens two public high schools are only "somewhat qualified
to attend university on a national standard.
Fiaure 17
Top Ten Universities in United States
US News & World Report - 2004: America's Best Colleges
Collegeboard. com: College Search, side-by-side comparison results
Median SAT scores of public high schools in Palm Beach Gardens indicate that many graduates
are not competitive for obtaining entrance into the ten top universities in the United States.
Economic Development
Data & Analysis
17 City Council Meeting 12/02/04
Palm Beach Gardens’ high school students enrolled in public schools fail to meet the
national average on SAT scores, too. The College Board reported that the average math
SAT score reached a 36-year high in 2003 with the average cumulative SAT score in the
U.S. being 1,026. Source: CNN.com/2003€DUCA TION/08/26sat.scores.ap
QUALITY OF LIFE BALANCE
Quality of life issues weigh heavily into recruiting a company to a specific geographic
region. As mentioned earlier, trends are shifting away from bedroom communities as
people desire to live, play, learn, and work within a 15-25 minute commute. People, simply
put, are weary of the stress that is induced by a long commute to and from work.
Therefore, in optimal circumstances, planners and economic development professionals
would consider all four critical elements in designing a sustainable community.
The City of Palm Beach Gardens is in the enviable position to create a sustainable
community that upholds the principles of live, play, learn, and work in The Gardens
Science and Technology Community DRI. See Figure 18. As the applicant, the City has
adopted a vision statement and philosophy that integrate sound economics and the cluster
approach of economic development with quality-of-life issues that attracted The Scripps
Research Institute to Palm Beach County.
The City has adopted the following vision statement and philosophy for the Gardens
Science and Technology Community DRI:
To create a scientific village that combines the physical infrastructure and
community support systems necessary to facilitate the exchange of intellectual
knowledge and enable the efficient transfer of scientific theory to marketplace, while
fostering strong community and family relationships to achieve a balanced quality of
life.
Analysis of critical growth management principles benchmarked against other
internationally known scientific parks indicate that the City of Palm Beach Gardens can
truly build a scientific village unlike any known in the world today. Building on the
successes of other parks and addressing the elements that are lacking, the Gardens
Science and Technology Satellite Community may incorporate lessons learned and be the
international leader in scientific and research parks. See Figure 18.
Taking the larger view of the project, the entire spectrum of live, learn, work, and play may
be addressed in the City’s model. Understanding the interrelationship between social (live
and play) and economic (learn and work) structures is paramount for quality of life issues
as related to the business and residential community. Sound planning and building an
entire village centered on the adopted “philosophy” enhances the economic opportunities
for the City and integrity of the scientific community as a whole. Straying from the
philosophy will diminish the project and not capture the bio-tech cluster as envisioned by
economic development professionals and officials from The Scripps Research Institute
during the recruitment process.
Economic Development
Data & Analysis
18 City Council Meeting 12/02/04
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7 a
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The City of Palm Beach Gardens has adopted strict guidelines to preserve open space.
All residential development must provide approximately 35% of land space as open space.
This, too, has a huge impact on quality of life for our residents. See Figure 19.
Figure 19
Land Density of Municipalities in PBC - PeoplelAcre
I/ i-
City of Palm Beach Gardens - GIS Department, 2004
Reflecting one of the core values, Palm Beach Gardens enjoys open space within municipal boundaries.
Not only does the City of Palm Beach Gardens seek to recruit and/or expand employers
with a median salary of $47,272, but also develop strategies to create an environment that
combines the live, play, learn, and work components in land development. It is only
through carefully balancing these solid growth management principles with economic
diversification that the City will shift from a traditional bedroom community to a sustainable
municipality.
Economic Development
Data & Analysis
21 City Council Meeting 12/02/04
City of Palm Beach Gardens
Council Agenda
December 2,2004
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
Mayor Jablin
Vice Mayor R sso
(WI;~ @ 7:19p.v4 7
Council Member Delgado
(&J4 e v9.tq p')
Council Member Levy
4 Council Member Valeche
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
December 2,2004
7:OO P.M.
J I. PLEDGE OF ALLEGIANCE
411. ROLL CALL
p& ‘ 111. ADDITIONS, DELETIONS, MODIFICATIONS:
4c0
IV. ANNOUNCEMENTS / PRESENTATIONS:
a. (Page 5) Contractual agreement for services provided by the City of Palm Beach
Gardens to the PBGYAA, the City’s youth sports program.
b. /Parw 6) Orange Bowl Committee presenting the City Commission with an
“Obie” Community Spirit Award.
V. ITEMS OF RESIDENT INTEREST:
‘VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
reauest form to the Citv Clerk prior to this Item)
VIII. CONSENT AGENDA:
pwf~~ a. [Parre 7) Approve Minutes from the November 4, 2004 regular City Council e 4 meeting.
b. (Staff Report on Page 10, Rcsolutioa on Pace 12) Resolution 152, 2004 -
Contractual agreement for the services to be provided by the City of Palm Beach
Gardens to the PBGYAA the City’s youth sports program provider. A resolution
of the City Council of the City of Palm Beach Gardens, Florida approving an
agreement for services between the City of Palm Beach Gardens and Palm Beach
Gardens Youth Athletic Association, Inc.; and providing an effective date.
do -
X.
C. (Staff Report on Page 20, Resolution 011 Page 22) Resolution 222, 2004 -
Interlocal agreement with the School Board of Palm Beach County for the Mutual
Use of Recreational Facilities. A resolution of the City Council of the City of
Palm Beach Gardens, Florida approving an interlocal agreement with the School
Board of Palm Beach County for the mutual use of recreational facilities within
the city; and providing an effective date.
(Page 46) Proclamation - “Obie Community Spirit Award” d.
PUBLIC HEARINGS:
Part I - Quasi
a. (Staff Report on Pane 47, Ordiitance on Pace 157, Resolution on Page 160)
Ordbanee 44, 2004 - Parcel 5B rezoning to a Mixed-Use Planned Unit
Development (1st Reading) An ordiqce of the City Council of the City of Palm
Beach Gardens, Florida relating to rezoning; rezoning a parcel of land (known as
parcel 5B) consisting of 30 acres, more or less, located at the Southwest corner of
Alternate A1A and PGA Boulevard, as more particularly described herein, from a
Research and Light Industrial Park (Ml) zoning designation to a Mixed Use
Planned Unit Development (MXD PUD) overlay zoning designation with an
underlying zoning designation of Mixed Use (MXD) to be known as the “RCA
Center PUD”; and providing an effective date.
Resolution 216, 2004 is a companion item to Ordinance 44,
2004 and will require Council action only on second reading.
Resolution 226, 2004 - Parcel 5B site plan approval. A msolution of the City
Corracit of the City of Palm Beach Gardens, Florida approving the master
development plan for the approximately 30-acre property, known as the “RCA
Center PUD’ (“AKA. Parcel 5B”), located at the Southwest comer of Alternate
A1A and PGA Boulevard, as more particularly described herein, to allow the
development of 150,000 square feet of retail use, 100,000 square feet of office
use, and 50,000 square feet of industrial use; providing for waivers; providing for
conditions of approval; and providing an effective date.
RESOLUTIONS:
a. (Staff Report on Page 172, Resolution on Page 174) Resolution 223, 2004 -
Award a contract for electrical services related to sports lighting to Davco
Electrical Contractors Corporation for an amount not to exceed $625,000. A
resolution of the City Council of the City of Palm Beach Gardens, Florida
awarding a piggyback contract to Davco Electrical Contractors Corporation for
sports lighting repairs at seven city park facilities; and providing an effective date.
1Staff Report on Pa5.e 219, Resolution on Page 221) Resolution 224, 2004 -
Awarding a work authorization for Engineering and Architectural Services for the
Bums Road Community Center Renovation and Expansion project to LBFH in
the amount of $651,425. A resolution of the City Council of the City of Palm
Beach Gardens, Florida approving a work authorization for Engineering and
Architectural services with the firm of LBFH, Inc. In connection with the Bums
Road Community Center renovation and expansion project; authorizing the City
Manager to execute said authorization; and providing an effective date.
b.
C. /Staff Report on Page 240, I<cwlrrtion on Pace 243) Resolution 231, 2004 -
Establishing a protocol for representing the City before other government
agencies and boards. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida, establishing a protocol for representing the city before other
government agencies and boards; and providing an effective date.
ORDINANCES: (For Consideration on First Reading)
a. IStaff Report on Page 246, Ordinancc on Pilee 310) tkdhnce 45, 2004 -
Amendment to map “0” of the Comprehensive Plan of the City of Palm Beach
Gardens, entitled “Conceptual Thoroughfare Plan,” to delete the portion of
Victoria Falls Boulevard (segment #12). An ordinance of the City Council of the
City of Pidm Beach Gardens, Florida amending Map “0” of the Transportation
Element of the Comprehensive Plan of the City of Palm Beach Gardens. Entitled
“Conceptual Thoroughfare Plan.” To delete the portion of Victoria Falls
Boulevard (Segment #12) extending from Military Trail to Alternate A1A; and
providing an effective Date.
/Staff Report on Page 313, Ordinance on Page 315) Wnance 47, 2004.-
Amending chapter 26, Code of Ordinances, entitled “Elections” to provide an
alternative method of qualifLing for election. An ordinance of the City Council of
&e Ci$y of Palm Beach Gardens, Florida relating to elections; amending chapter
26, Code of Ordinances, entitled “Elections” to provide an alternative method of
qualifying for election; providing for codification; and providing an effective
date.
C. {Staff Report on Parre 320, Ordinance oti Page ) Ordmance 48, 2004 -
Adopting a new Economic Development Element. An osbce of the City
Gousrcil of tb City of Palm Beach *dens, Florida adopting a new Economic
Development Element of the City of Palm Beach Gardens Comprehensive Plan;
and providing an effective date.
b.
32 7
ITEMS FOR COUNCIL ACTION/DISCUSSION:
CITY ATTORNEY REPORT:
ADJOURNMENT
In accordance with the Americans with Disabilities Act and FIorida Statute 286.26, persons with
disabilities needing special accommodations to participate in this proceeding should contact the City
Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120
for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8 771
(TDD) or (800) 955-8770 (VOICE), for assistance. If a person decides to appeal any decision made by
the Council, with respect to any matter considered at such meeting or hearing, they will need a record
of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
c
I
City of Palm Beach Gardens
Council Agenda
December 2,2004
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Jablin Council Member Delgado
Vice Mayor Russo Council Member Levy
Council Member Valeche
Ir
I.
11.
3-0 III.
IV.
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
December 2,2004
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
V,J~@ {Page 5) Contractual agreement for services provided by the City of Palm Beach
Gardens to the PBGYAA, the City’s youth sports program.
p:Cl(b. lPme 6) Orange Bowl Committee presenting the City Commission with an
“Obie” Community Spirit Award.
7: 0 9 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: P
a. jPage 7) Approve Minutes from the November 4, 2004 regular City Council
meeting.
b. (Staff Kcport 011 Page 10, Kcsolutiou on Page 12) Resolution 152, 2004 -
Contractual agreement for the services to be provided by the City of Palm Beach fvm Gardens to the PBGYAA the City’s youth sports program provider. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving an
agreement for services between the City of Palm Beach Gardens and Palm Beach
Gardens Youth Athletic Association, Inc.; and providing an effective date.
v
i
C. {Staff Report on Page 20, Resolution on Page 22) Resolution 222, 2004 -
Interlocal agreement with the School Board of Palm Beach County for the Mutual
Use of Recreational Facilities. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving an interlocal agreement with the School
Board of Palm Beach County for the mutual use of recreational facilities within
the city; and providing an effective date.
jPaPe 46) Proclamation - “Obie Community Spirit Award” d.
PUBLIC HEARINGS:
Part I - Quasi
a. LStaff Report on Page 47, Ordinance on Page 157, Resolution on Page 160)
Ordinance 44, 2004 - Parcel 5B rezoning to a Mixed-Use Planned Unit
Development (1st Reading) An Ordinance of the City Council of the City of
Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel of land
(known as parcel 5B) consisting of 30 acres, more or less, located at the
Southwest corner of Alternate AlA and PGA Boulevard, as more particularly
described herein, from a Research and Light Industrial Park (Ml) zoning
designation to a Mixed Use Planned Unit Development (MXD PUD) overlay
zoning designation with an underlying zoning designation of Mixed Use (MXD)
to be known as the “RCA Center PUD’; and providing an effective date.
Resolution 216, 2004 is a companion item to Ordinance 44,
2004 and will require Council action only on second reading.
Resolution 216, 2004 - Parcel 5B site plan approval. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the master
development plan for the approximately 30-acre property, known as the “RCA
Center PUD’ (“AKA. Parcel 5B”), located at the Southwest corner of Alternate
A1A and PGA Boulevard, as more particularly described herein, to allow the
development of 150,000 square feet of retail use, 100,000 square feet of office
use, and 50,000 square feet of industrial use; providing for waivers; providing for
conditions of approval; and providing an effective date.
RESOLUTIONS:
a. jStaff Report on Page 172, Resolution on Page 174) Resolution 223, 2004 -
Award a contract for electrical services related to sports lighting to Davco
Electrical Contractors Corporation for an amount not to exceed $625,000. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
awarding a piggyback contract to Davco Electrical Contractors Corporation for
sports lighting repairs at seven city park facilities; and providing an effective date.
3-0
(Staff Report on Page 219, Resolution on Page 221) Resolution 224, 2004 -
Awarding a work authorization for Engineering and Architectural Services for the
Burns Road Community Center Renovation and Expansion project to LBFH in
the amount of $651,425. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving a work authorization for Engineering and
Architectural services with the firm of LBFH, Inc. In connection with the Burns
Road Community Center renovation and expansion project; authorizing the City
Manager to execute said authorization; and providing an effective date.
on Page 243) Resolution 231, 2004 -
Establishing a protocol for representing the City before other government
agencies and boards. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida, establishing a protocol for representing the city before other
government agencies and boards; and providing an effective date.
10 ;a<
0~pAfO
XI. ORDINANCES: (For Consideration on First Reading)
a. lO?il
- C.
lStaff Report on Page 246, Ordinance on Page 310) Ordinance 45, 2004 -
Amendment to map “0” of the Comprehensive Plan of the City of Palm Beach
Gardens, entitled “Conceptual Thoroughfare Plan,” to delete the portion of
Victoria Falls Boulevard (segment #12). An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida amending Map “0” of the Transportation
Element of the Comprehensive Plan of the City of Palm Beach Gardens. Entitled
“Conceptual Thoroughfare Plan.” To delete the portion of Victoria Falls
Boulevard (Segment #12) extending from Military Trail to Alternate AlA; and
providing an effective Date.
lStaff Report on Page 313, Ordinance on Page 315) Ordinance 47, 2004 -
Amending chapter 26, Code of Ordinances, entitled “Elections” to provide an
alternative method of qualifying for election. An Ordinance of the City Council of
the City of Palm Beach Gardens, Florida relating to elections; amending chapter
26, Code of Ordinances, entitled “Elections” to provide an alternative method of
qualifying for election; providing for codification; and providing an effective
date.
lStaff Report on Page 320, Ordinance on Page 324) Ordinance 48, 2004 -
Adopting a new Economic Development Element. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida adopting a new Economic
Development Element of the City of Palm Beach Gardens Comprehensive Plan;
and providing an effective date.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with
disabilities needing special accommodations to participate in this proceeding should contact the City
Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120
for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8 771
(TDD) or (800) 955-8770 (VOICE), for assistance. If a person decides to appeal any decision made by
the Council, with respect to any matter considered at such meeting or hearing, they will need a record
of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
NOTE:
All presentation materials must be received by
th, City Clerk prior to the presentation to the Council.
COMMENTS FROM THE PUB1 01 \\I JI [)I( I \I \
Request to Address City Council
<! \o
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.
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: n
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: ,kROLI)n, CHfi-PLIM
Address: 7(5 I-~C,QS~II) aAp
City: P%
Subject: “BT- 0 RO (flp-YLiC6L. ow\ UflllJCE +g, I 2QaY
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.
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 PUBI cr W-JI I){( 111 \r \
ILI \o *(
Request to Address City Council
’ )l<l)l\ I\( 1 tl 9 7 Please Print
Name: %AY IL rne
Address: 4% ra
City:
Subject : VlLI ntfl,
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
c‘ li7 f .l D
---- c a*
Name: Lavlcyl
Address: K3(& re.,“ 1 tz 7 Q
-.. \
City: r-
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 PUB OI II [)IC 1.11 1 \
Request to Address City Counci Ki 50
Ol<I)l\ \\( 1 #/
Please Print
Name:
City:
4
Subject: mf/7
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 Pue IN 151 II I)I( I \
Request to Address City Counc tu YO
OllifI\ \\( I ,
Please Print
Name: ..
Address: I/@@ d rbww
City: P 66
t od film 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 Pus w VI IN( I 11 \
K1 50
()<Ill\ \\( t t!
Request to Address City Counci
Name: /d J b PI ILL!==
Please Print
Address: lm fl LI Btc n1m 3
Subject: I .&+‘t-se d!ct-cE& % c_r 4 cm
City: krc7 &SAc:I$- WDEdS, .
J
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.
Page 1 of 1
Subj:
Date:
From: Wrris@pbg fl.com
To: jrussocpa@aol,com, adelgado@flmls.com, halrv@-adelphia.net. srtinc@bellsouth.net,
Fw: Weekday story on Maria Barcaro
12/2/04 1:38:18 PM Eastern Standard Time
iabcorp@aol.com
-----Original Message-----
From: William Brandt
Sent: Thursday, December 02,2004 1:31 PM
To: Police; Ron Ferris; Amy Luetkemeyer; Allyson Maiwurm; Dolores Key; Patty Snider
Subject: Weekday story on Maria Barcaro
Officer Maria Barcaro has been selected as a "Hometown Hero" by the Weekday Newspaper and the Palm Beach
Academy (a spa training school in Lake Park). For that, she received a full day of spa treatment at the Palm
Beach Academy, which she is enjoying today!
She was nominated by Major Artola, who wrote about Maria's actions after the hurricanes. He wrote, "Maria
Bacaro had extensive damage to her home and lost many personal items inside. She never mentioned the
damage to her home and reported to work daily for her 12-hour shift. It wasn't until one-week after the storm that
we learned of the damage to her home. Arrangements were made for her to be relieved so that she could take
care of her home and all she asked for was help with moving the furniture out of the home. She quoted "I am
going to aska couple of officers to help me load my personal belongings into a truck, I want to try to save as
much as I can." She may not have pulled someone out of a collapsed home during the storm but I feel she
demonstrated true dedication by making the citizens of this county and her co-workers a priority over her personal
property and belongings."
This story will appear in next week's Weekday newspaper.
---- --
Lt. William (Bill) Brandt
Professional Standards and Training Division
Palm Beach Gardens Police Department
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
office: (561)799-4412
Main: (561)799-4400
Email: wbrandt@,pbgfl.com
Thursday, December 02,2004 America Online: Jabcorp
PUBLIC HEARINGS:
Title Read:
Hearing Opened:
St& Presentation: 0"
Petitioner presentation:
Hearing Closed:
.i
Bring back for discussion:
Motion:
/Staff Report on Page 37, Ordinance onPage 157,
Resolution on Page 160) Ordinance 44, 2004 -
Parcel 5B rezoning to a Mixed-Use Planned Unit
Development (1st Reading) An ordinance of the City
Council of the City of Palm Beach Gardens, Florida
relating to rezoning; rezoning a parcel of land (known
as parcel 5H) consisting of 30 acres, more or less,
located at the Southwest corner of Alternate AlA and
PGA Boulevard, as more particularly described
herein, fiom a Research and Light Industrial Park
(Ml) zoning designation to a Mixed Use Planned Unit
Development (MXD PUD) overlay zoning
designation with an underlying zoning designation of
Mixed Use (MXD) to be known as the "RCA Center
PUD; and providing an effective date.
4 9
d CJ
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Resolution 216, 2004 is a companion item to
Ordinance 44, 2004 and will require Council , action only on second reading. 3
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Mr Eric Jablin, Mayor
City of Palm Beach Gardens
Florida 33410
November 19,2004
Sent via Fax (561) 799-41 11
Re: Location of Future Tri-Rail Transit Station - City of Palm Beach Gardens.
Dear Mayor.
Further to my letter dated June 0 1,2004 to Mr Jonathan Roberson of S.F.R.T.A
(enclosed) 1 would like to mention another reason why the future Tri-Rail transit Station
should not be located North of the PGA Blvd overpass in parcel 5A.
Mr J.L. Schonder Manager-Engineering FEC Railrway, in his letter dated 05/29/01 to
Mr R. Ferris City Manager, stated for Kyoto Drive quote “The crossing would be located
at the end of a curve in our mainline track and would not give our train Engineers time to
react should a motorist become stranded or stopped on the crossing” unguote. Therefore
if for anv reason a TRI-RAIL train has not completely cleared the mainline track near
the Kyoto Drive crossing when a southbound FEC train is approaching, the FEC train
Engineer will not be able to stop his train in time to avoid a catastrophic accident.
According to Mr Roberson the final decision for the location of the future Tri-Rail
Transit Station will be the responsibility of the City of Palm Beach Gardens. Therefore as
the representative of Garden Woods on that matter, I suggest to the City Council to pass a
Resolution stating that the future Tri-Rail Transit Station is to be located South of the
PGA Blvd overpass in parcel 5B.
Sincerely, n
RogerBlangy 7
Garden Woods Representative
1 1658 Hemlock Street
Palm Beach Gardens F133410
cc: City Council
Ron Ferris, City Manager
Jonathan Roberson, S.F.R.T.A Planning Manager
Christine P. Taturn, City Attorney
Sheryl Stewart, Assistant to City Manager
Charles K. WU, Growth management Administrator
Talal M. Benohan, Planning & Zoning Division Director
Michael J Sanchez, Senior Planner
Randy Whitfield, Director Metropolitan Planning Organization
J.L. Schonder, Manager-Engineering Services FEC Railway
Tom Drake, Manager of Crossing and Trespassing FRA
Gerry O’Reilly, P.E. Director of Transportation Development FDOT District Four
June 01,2004
Mr Jonathan Roberson
Transportation Planning Manager
South Florida Regional Transportation Authority
800 North West 33rd Street Suite 100
Pompano, F133064
Subject: PGA Railroad station.
i Dear Mr. Roberson,
Further to our petition against a PGA railroad station in parcel 5A and in view of a decision
by S.F.R.T.A and the City to find the most suitable location for that station, I would like to
make the following comment:
A Ti-Rail train stationed north of PGA Blvd would stand directly south of the hture Kyoto
Drive at-grade railroad crossing. A motorist heading Eastbound at that crossing would not be
able to see an approaching northbound train due to visual limitation caused by the Tri-Rail
train stationed at that location, thereby creating driver apprehension at the crossing and
leading to accidents.
Hoping this information along with our petition will be valuable to S.F.R.T.A and the City in
deciding not to consider the parcel 5A location for ‘?he station”.
Sincerely, _e
Garden Woods Representative
11658 Hemlock Street
Palm Beach Gardens
Florida 334 10
cc: Mayor & City Council
Ronald M. Ferris, City Manager
Sheryl Stewart, Assistant to City Manager
Charles K. Wu, Growth Management Administrator
Tatal M. Benothman, Planning & Zoning Division Director
Michael J. Sanchez, Senior Planner
Randy Whitfeld, Director Metropolitan Planning Organization
J.L. Schonder, Manager-Engineering FEC Railway
Gerry O’Reilly, Director of Transportation Development FDOT District 4
.2"
EriL? JABLIN, City Mayor
1 OSOO N. Military Trail
PaknBeacbGdOM
Florids 33410
Joae' ABREU, Sactetery
ploridr~OfTmsportdtiob
605 suwatmos strsa Tdlahassae Florida 32399
CC: City Council . ~ :
4
CITY OF PALM BEACH GARDENS
MEMORANDUM P
TO: Planning and Zoning Commission Members DATE: March 22,2004
FROM:
THRU:
cc:
SUBJECT: Tri-Rail Transit Station FYI
Charles K. Wu, Growth Management Administrator (3-
Tala1 M. Benothman, Planning and Zoning Division Director
Ronald M. Ferris, City Manager
In December of 2003, staff met with representatives from the South Florida Regional
Transportation Authority (the ‘Authority’) to identify possible sites for a Tri-Rail transit
station within the City in close proximity to PGA Boulevard. Two (2) sites were
identified as a result of that meeting: Parcel 5A (northwest comer of PGA Boulevard and
Alternate A1 A) and Parcel 5B (southwest comer of PGA Boulevard and Alternate AlA).
In light of knowledge that the Authority is contemplating a Tri-Rail transit station at
either of the two (2) aforesaid locations, staff initiated an amendment to the City’s Land
Development Regulations (LDRs) to allow “Passenger Stations” to be permitted as
Conditional Uses within the Research and Light Industrial Park (Ml) zoning district. For
your information, Parcels 5A and 5B currently have Research and Light Industrial Park
(MI) zoning designations. Upon the rezoning of Parcel 5B as is currently being
proposed, said parcel will retain, among others, the same underlying zoning designation.
At the City Council meeting of March 18, 2004, at which the aforementioned City-
initiated LDR text amendment was heard on First Reading, the City Council made it be
known to staff that it preferred the transit station to be located on Parcel 5B, rather than
on Parcel 5A; the reason being that Parcel 5A is directly adjacent to the Garden Woods
residential development and that a passenger transit station on Parcel 5A would adversely
affect the neighborhood.
The City has put the Authority on notice that the developer for Parcel 5A and Parcel 5B
is actively pursuing development approvals for both parcels from the City and is
expecting to obtain approval thereof by early-to-mid Fall of 2004 and that swift action is
required on the part of the Authority in order to have provisions made for a Tri-Rail
transit stop in the development approval of either parcel.
i
Should you require any additional information relating to this matter, please do not
hesitate to contact me.
CITY COUNCIL MEETING 12/02/04
PROPOSED ADD ITION S, D E L ET IO K S AN D M 0 D I F IC‘AI’I ON S
ADDITIONS NONE
DE LET IONS Under Announcement/Presentations AND Consent:
The PBGYAA has requested that this item be pulled.
They need time to clarify a few points in the
agreement before it comes before Council. . Under Announcements and Presentations:
Contractual agreement for services provided by the City f
Palm Beach Gardens to the PBGYAA, the City’s youth sports
program.
Companion Item:
9 Under Consent:
Resolution 152,2004
Contractual agreement for the services to be provided by the
City of Palm Beach Gardens to the PBGYAA the City’s youth
sports program provider. A resolution of the City Council of the
City of Palm Beach Gardens, Florida approving an agreement
for services between the City of Palm Beach Gardens and Palm
Beach Gardens Youth Athletic Association, Inc.; and providing
an effective date.
M 0 D I FICA ‘I’ IONS: Ordinance 45,2004 - Amendment to map “0 of the
Comprehensive Plan of the City of Palm Beach Gardens,
entitled “Conceptual Thoroughfare Plan.”
Councilmember Annie Marie Delgado will be returning fiom a
business trip this evening and has requested that Ordinance 45,
2004 be moved to item c.
She will be arriving at the Council meeting at approximately
8: 15 and wants to be in attendance to hear this item.
LOXA HA TCHEE RIVER MANAGEMENT COOR DINA TlNG COUNCIL
c/o Martin/St. Lucie Service Center - 4770
South Florida Water Management District
210 Atlanta Avenue
Stuart. FL 34994
MEETING NOTICE
Monday, November 29, 2004 2:OO p.m.
Jupiter Community Center
210 Military Trail
(561) 741-2400
AGENDA
I Call to Order
I1 Roll Call
I11 Approval of Minutes from June 28,2004 Meeting
Approval of Minutes from August 9,2004 Meeting
IV Items for Discussion and/or Action
A. Update on Status of Loxahatchee River Restoration Plan
Pat Walker, Coastal Ecosystem Division (15 min pp &IO min Q&A)
B. Research Efforts of the Loxahatchee River
Rick Dent, Executive Director
Loxahatchee River Control District
(20 min pp & 10 min Q &
C. Chapters 1-3 Review and comment
(30 mins Q & A)
V Updates from Member Agency/Organization Activities
(5 mins Q & A)
VI Public Comments
(IO mins Q & A)
VI1 Council Comments
(5 mins Q & A)
VI11 Announcements
i
RESOLUTION NO. 04-04
A RESOLUTION OF THE LOXAHATCHEE RIVER MANAGEMENT
COORDINATING COUNCIL URGING THE PALM BEACH COUNTY
LEGISLATIVE DELEGATION, THE FLORIDA LEGISLATURE AND
GOVERNOR JEB BUSH TO SUPPORT THE LOXAHATCHEE RIVER
PRESERVATION INITIATIVE FISCAL YEAR 2005 LEGISLATIVE
FUNDING REQUEST
Whereas, portions of the Northwest Fork of the Loxahatchee River have been designated a
National Wild and Scenic River according to the requirements of Section 2(a)(ii) of Public Law 90-542, as
amended, and -
Whereas, Chapter 83-358, Florida Statutes, designated portions of the Northwest Fork of the
Loxahatchee River as a State Wild and Scenic River (Section 4) and includes the Legislative finding that
it “possesses outstandingly remarkable ecological, fish and wildlife, and recreational values” “which
should be permanently preserved and enhanced” (Section 2), and
Whereas, the Florida Legislature passed the Florida Aquatic Preserve Act, Chapter 258, F4oric;la
Statutes, that includes the lower reaches of the Loxahatchee River downstream of the areaBdesignated
Wild and Scenic; and
Whereas, the Florida Legislature recognized that the state-owned submerged lands of the
Loxahatchee River Aquatic Preserve have exceptional biological, aesthetic, and scientific value, and that
such land should be set aside forever as an aquatic preserve for the benefit of future generations; and
Whereas, Chapter 83-356.5(3)(0), Florida Statutes, provides for the establishment of the
Loxahatchee River Management Coordinating Council and charges the Council with the duty to advise
the South Florida Water Management District and the Florida Department of Environmental Protection on
the management of the Loxahatchee River through the applicable management plan; and
Whereas, the Loxahatchee River ecosystem as a whole is affected by the conditions existing in
areas designated as Wild and Scenic and by conditions existing in and around the areas designated as
Aquatic Preserve; and
Whereas, the Loxahatchee River Preservation Initiative has listed and prioritized projects that will
materially benefit the Loxahatchee River ecosystem for which it seeks funding for Fiscal Year 2005 , and
the Council having considered same,
NOW, THEREFORE, BE IT RESOLVED that the Loxahatchee River Management Coordinating
Council urges the Palm Beach County Legislative Delegation, the Florida Legislature and Governor Jeb
Bush to support the funding of the projects listed and prioritized in the Loxahatchee River Preservation
Initiative Fiscal Year 2005 Funding Request.
RESOLVED AND ADOPTED this 2gth day of November, 2004.
LOXAHATCHEE RIVER MANAGEMENT
COORDINATING COUNCIL
Attest:
By:
Thomas L. Howard, Its Chair
By:
Peter G. Merritt, Secretary
-Pagelofl-
i 2005 LEGISLATIVE APPROPRIATIONS BRIEF
The Loxahatchee River is the southernmost tributary of the Indian River Lagoon and includes the Northwest Fork of the Loxahatchee
River, the first nationally designated Wild and Scenic River in Florida. This historic watershed, over 750 square miles, has been reduced
by flood control basins and drainage districts to approximately 277 square miles in southern Martin and northern Palm Beach Counties.
The region's population is nearing 80,000, and most of those residents live in the coastal communities of Hobe Sound, Tequesta, Jupiter,
Palm Beach Gardens and Juno Beach.
Water quantity and quality influence the aquatic and wetland ecosystems in the watershed. Water is a limited resource necessary, not
only for public use, but to conserve natural areas and protect wetlands. Fresh water that historically reached the Wild and Scenic River
began being diverted at the turn of the last century to provide drinking water to Palm Beach. In the 1950s, the headwaters of the river
were drained for agriculture and other urban land uses. Today, even more water is being diverted for human consumption. Over the
past 50 years, four river miles of cypress swamp have been replaced by mangroves due to saltwater intrusion resulting from diminished
freshwater flow. Wetlands have been intentionally drained and/or filled, or simply degraded through water diversion and a lowered water
table. Changes in hydrology have allowed invasive exotic plants to move into areas that were once high quality wetlands. Meanwhile,
the environmental quality of the Loxahatchee River has been negatively influenced by pollution entering waterways via point and non-
point sources. Some of the waterways in the river system are impaired waters that do not meet their designated uses.
The Loxahatchee River Preservation Initiative (LRPI) is the outgrowth of a watershed management effort that the Florida Department of
Environmental Protection spearheaded in 1996. The LRPl was formed in 2000 with the single purpose of seeking out funding assistance
for projects that would improve and protect the natural resources within the watershed. Several key projects, critical to preserving the
long-term health of the Loxahatchee, have not been implemented due to lack of resources and other regional priorities taking
precedence. Urban stormwater improvements and the restoration of other tributaries including the estuarine portion of the river system
are emphasized in the Loxahatchee River Preservation Initiative. Urban residents and river users will be the primary beneficiaries of our
efforts to improve the water quality of the Loxahatchee. Over the past three years, the LRPl has been instrumental in kick starting $1 2
million dollars in water quality enhancement projects. Within 2005, it is hoped that the momentum to restore this valuable resource will
continue as much work remains to be completed.
LOXAHATCHEE RIVER PRESERVATION INITIATIVE
3
Guiding Principles for the Development of Restoration Plan Alternatives for the
Northwest Fork of the Loxahatchee River
At a meeting held on April 22, 2004 and attended by staff representatives from the
Florida Department of Environmental Protection, Jonathan Dickinson State Park and the
South Florida Water Management District guiding principles for the development of a
practical restoration goal and plan for the Northwest Fork of the Loxahatchee River were
discussed. Those in attendance at the meeting agreed on the following principles:
Restoration of the Northwest Fork of the Loxahatchee River will occur between
River Mile 6 and River Mile 13.5 (new River Mile 15.5) to the extent practicable.
A “practical”, “achievable” restoration goal for the Northwest Fork of the
Loxahatchee River will be based on best available data.
One part of the Loxahatchee River Watershed of the Loxahatchee River will not
be sacrificed to benefit another part of the watershed. This principle also applies
to areas of the river within the “Wild and Scenic’’ portion of the Northwest Fork.
The Restoration Goal and Plan for the Northwest Fork of the Loxahatchee River
will balance water supply, flood protection, water quality and environmental
enhancement.
The Restoration Goal and Plan for the Northwest Fork of the Loxahatchee River
will be based on a seasonal hydrograph.
To the extent practicable ecological benefits will be maximized system wide.
The focus of the goal and plan will be the restoration of the Northwest Fork of the
Loxahatchee River. Therefore, the title of the goal and plan will reflect the emphasis on
the Northwest Fork.
It is the SFWMD responsibility to “Get the Water Right.” It was agreed the
Restoration Goal for the Northwest Fork of the Loxahatchee River is to restore pre-
drainage hydropatterns, highs and lows in three segments of the Northwest Fork where
practicable. The Restoration Plan will describe the basis for strategies or alternatives for
each segment to “get the water right.”
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council DATE: November 17,2004
FROM: Justin Lucas, Recreation Superintendent
SUBJECT: PBGYAA. Inc. Agreement
The Palm Beach Gardens Youth Athletic Association, Inc (PBGYAA) agreement
outlines the duties and responsibilities of each party in conjunction with providing
services for youth baseball, girls’ sofiball, roller hockey, tackle football, girls’ basketball
and lacrosse. The PBGYAA is a volunteer based organization that works in coordination
with City staff to provide recreational sports programs for Palm Beach Gardens’ youth.
This item appears on the Consent Agenda for Council consideration of Resolution 152,
2004.
CITY OF PALM BEACH GARDENS
MEMORANDUM
FROM: Patricia Snider, City Clerk f5
Amy Luetkemeyer, Public Relations Director Od
SUBJECT: Obie Community Spirit Award
In recognition of the significant community spirit, the Orange Bowl Committee has
selected the City of Palm Beach Gardens to receive the Obie Community Spirit Award.
In addition to presenting the City with an award, there will be a proclamation declaring
the date as “Orange Bowl Appreciation Day”. As an added excitement, they plan to
bring Obie, the Committee’s mascot to hand out commemorative patches and other spirit
items.
If you have any questions, please call me at 799-4122 or Amy at 799-4128.
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, the Orange Bowl Committee is marking its 71st year as one of
South Florida's premier, self-sustaining, all-volunteer, non-profit
organizations; and
WHEREAS, the Orange Bowl Committee has consistently supported and
produced activities and events that enhance the image, economy and culture
of South Florida; and
WHEREAS, the Orange Bowl Committee membership, which is open to
active volunteers throughout Florida, hosts a variety of community-oriented
events that are open to all South Florida residents; and
WHEREAS the Orange Bowl Committee enriches the community by
providing charitable scholarships through its Thurgood Marshall Scholarship
Fund and Spirit of the Community Awards Scholarship; and
WHEREAS, the 2005 FedEx Orange Bowl will host this year's Bowl
Championship Series (BCS) National Championship Game;
NOW, THEREFORE, I, Eric Jablin, by virtue of the authority vested in me as
Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim
December 2, 2004
ORANGE BOWL APPRECIATION DAY
In the City of Palm Beach Gardens.
Attest:
R ~~~ atriaa ru r, r.
IN WITNESS WHB.R.EOF, I have
hereunto set my hand and
caused the Seal of the City of
Palm Beach Gardens, Florida, to
be affixed on this 2nd day of
Dece in t ear of our Lord,
1UJo NWI:USUI'LU