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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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of , 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: November 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 h a X 0 h a X n rn e, u k 8 a 8 3 9 E 2 % Y .3 d e, bo 5 cd b cd rl cd rl cd 5 rn .3 Y .3 E 5 a G .r( 2 Y c cd n 9 Y Y 2 E x n E e, Y m x m ru 0 8 0" 5 2 .3 Y cd 8 .3 ? .3 2 2 w 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 $ A W .. A W .. . 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E. a 3 v) Q m rD -0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City Council has 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. 2 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: 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 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2. 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) 3 Date Prepared: November 9,2004 Resolution 216,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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. 4 Date Prepared: November 9,2004 Resolution 216, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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. 5 Date Prepared: November 9,2004 Resolution 216, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 17. 18. 19. 20. 21. Police 22. 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) 6 Date Prepared: November 9,2004 Resolution 216,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. C. d. e. 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 7 Date Prepared: November 9,2004 Resolution 216, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. b. C. d. e. f. g* h. i. 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. 8 Date Prepared: November 9,2004 Resolution 216, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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) 9 Date Prepared: November 9,2004 Resolution 216,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: November 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 4 I I!! ! ! llUY UT LUUT 17.11 -->. . . - 0: 000~OQjSO < I L 33 f P J Y f b in f * oooiuoo~o m 00 00 o~ooom N-r a a NOV 04 ZUU4 13:Z4 UHVLU tLtLlKlCHL LUNIKHCI Nov 04 2004 15:23 DRVCO ELEC lRICHL CUN I KHC I IS61 _I__. 1 k133-EjYti.t P* 1 9 &0000000 0 00 00 0;;oooi; w-. 9 'U w Om ooob?oooo a 00 owooom 1 om N cn ooo~oooo 3 aooooooo o 00 00 OWOOOU rl U 8 8 I 'n ki 8' 88 00 I ODOUOOLO 8t 88 888488 g8 88 888888 PO 00 000000 om ooogoooo 8 Bb ~ 00 Y m IYOV 13 cuu4 1-t:a-t f ll0V 13 cuu-t l=r,;LILI Ul-fYLU 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. 6. 7. 8. 9. IO. 11. 12. 13. 14. C. 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 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 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 Davco Electrlcal COI I. I 1NVlTATlON TO 810 NO, c IC-23J WORK ONLY I and premium. Rmular Time SuDe~sor ! hr. Jjoreman $41.00 hr, APtxentice ! $ 29 -50 hr, .. $ 45+00 6 I I L $ hr. I. . '. I $ ' hr, I i Repair partddaedal cost. I Cost a8 reflected in the Electrical Trade Service Price Di less lixed discount percentage from last column. I PleaseStatefixed di countpercentage 25 % Reimbursable expenses Le1, air freight charges, etc. I Add 18% ! I repair/instaIIatiqn function. ! Please list and additional L uipmentlservices pmvided by your organtation that m, i ,Rwular Time $ _hr. SUD@tViSOr I $ hr, Foremdn $ hr. ADPrerItice $ hr. 100" B&okeib&uc/c/Crane wl th Operator $9''-00 hr. hr. I Trencher with opbrator $45 .OO Vendor Name: Davco EIectric 46 6 61'.50 hr. $-,44 -25 hr. . 5. , hr, F: hr. a* (latest issue) - .. -- y be utilized in this ?miurn Time 6 j hr. ; ,i hr. $1 hr. i hr. .. ' . .. . .. I 1 .. INVITATION TO BID NO. 0 '! I I QUALIF~CATI~~NS OF FIRI .I i .- iicense(s) held by!fiml:- F1, L i. Occupational & Number2 !' I. Construction ti ~umber- !. .. Other&Numbe$ ' .. .. List all firms Offihers and Titl i. j ' Name 8. David Collins, Jr. James Starkins : '- - Sonna Lynn Colllns i ". 'dicate number if aut~rnotiw space provideti below. Vehides Owned- indicate number & employeet ; i. I: !' sup@ ,! JOUrr; / Ust names and exjrenence of, ja ,Name Joseph C.iG&ter, S Russell b/ White j: Toby Petidgout c-23, .. r$da State Certified Electrical Contractor #E R: Beach County 2000-00399 below: President Vjce Presldent Secretary vehides (cam, hcks, vans, etc.) currently ownecVleasec Mimey Persdns blm Helpers ,12 - 5. - 5. 34 - VehiclesLeased o quired. Check Box ( ) if additional pages attached. - 30 - licenses- Other Certificates 3 -1 284 1 J -12566 J - 15509 5-15804 VendorNarne:bxco Electrical I !'. Ob673 t , .., E by your firm in 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this day of ,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 1401 FORUM WAY, SUITE 100 WEST PALM BEACH FL 33401 5hl h114 OU41 FAX 561 684 6890 E-MAIL infoQogspdrchitect5 coni wwwog~parrhitect~coni Lir No AA COO0669 IB 0000977 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 L Q, II E s 0 z v) p1 W z + p1 a e a z a I e v) z W I n a I J c9 p1 W > 0 I I OCI v) I- 0 W I- - I 0 p? a 0 8 69 0 0 69 9 v) W W v) z W n I- 0 W k I c3 z z z a 2" E w z v) W (3 n in 2 a 0 9 0 * 9 a 2 cw I 0 v) z (3 v) W n v) I- z W 2 3 0 0 n z 0 G 3 E t- v) z 0 0 0 cv W n E 2 t- v) W v n v) 0 0 f ++ s _- 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 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) 2 Date Prepared: November 23,2004 Resolution 231,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 . I t 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 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 I 1 I I I I I 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 I I MTP Group, Inc. 127W Fomt Hill Boulevard, Suite 303 Wesf Palm Besah, Florids 33414 ii VICTOR~A FALLS BOULEVAW EVALUATION LIST OF TABLES I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I 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 I I I I 1 I I 1 I I I I I I I I I 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 I I I I I I I I I I I I I I I 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 I I I l I I I I I I I I I I I I I I I 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 I I I I I I I I I I I FIGURES - MTP Grvup, Inc. 12798 -si Hi// Boukvad, Suite 303 W$! Pelm Beech, Horlde 33414 VICTORlA FALLS BOULEVARD EVALUATION I I I I I I I I I I I I I I I I I I I < < 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 -__ ~ I I I I I I I I I I I I I I I I I I I -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 I 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 -___ - I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I b 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 -- I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I -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 --- I I I I I I I I I I I I I I I I I I I 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 , I I I I I I I I I I 1 I I I I I I 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 .~____ - I I I I I I I I I I I I I I I I I I I 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 -_____ - I I I I I I I I I I I I I I I I I I I 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 - - - I I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I 1 E 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 ________- I I I I I I I I I I I I I I I I I I I 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 I i I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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 ~ I I I I I I I I I I I I I I I I I I i E b c 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 I I I I I I I I I I I I I I I I I I I - .. 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 I I I I I I I I I I I I I I I I I I I a 9 U s 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 I I I I I I I I I I I I I I I I I I I 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 ~____.__ ~ I I I I I I I I I I I I I I I 1 I I I TABLES MTP Group, Inc. 12798 Mst Hill Boukvad, Suite 303 Wbst Palm Beadr, FIorids 33414 VICTORIA FALLS BOULEVARD EVALUATEON I I I I I I I I I I I I I I I I I I I 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. I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I 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 ~ f’ I I I I I I I I I I I I I I I I I I I 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, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 . 44 45 46 SECTION 2. 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) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: 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 3 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 24 25 26 28 Policy 13.1.3.1 .: 29 31 Policy 13.1.3.2.: 32 participation in City-funded projects. 33 34 Policy 13.1.3.3.: 35 37 39 40 41 42 institutions in this effort. 43 44 Policy 13.1.4.1 .: 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 36 38 3 Date Prepared: November 24,2004 Ordinance 48,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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) 4 Date Prepared: November 24,2004 Ordinance 48,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 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: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 5 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 io BY: 11 Eric Jablin, Mayor 12 13 15 16 17 Annie Marie Delgado, Councilmember 18 19 21 14 Joseph Russo, Vice Mayor 20 David Levy, Councilmember 22 23 Hal R. Valeche, Councilmember 24 25 27 28 29 26 ATTEST: 30 BY: 31 Patricia Snider, City Clerk 32 ' 33 34 35 LEGAL SUFFICIENCY 36 37 38 APPROVED AS TO FORM AND 39 BY: 40 Christine P. Tatum, City Attorney 41 42 43 44 45 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 c c 0 v) > .- .- n u L - a 2 2 r e E$' On - c $ C z c 0 U s? C i! C z C 2 C 2 1 7 a E + .- .- C I 2 C a c c 1 6 3 , i I 3 >r c, R C C 0 c, 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 r Q0 Resolution 216, 2004 is a companion item to Ordinance 44, 2004 and will require Council , action only on second reading. 3 1 c; El a 0 a * 3 a" d a El a z a 5 H a 0 k z I E W ert E Q) -3 2 8 a0 -3 c, *3 8 & Q) Q) E 0 E 0 m 0 B -3 03 4 2 a s m c, 03 a 0 c, a d Q) k a U 0 U 03 k 03 2 4 $ c, 4 a U E a a 0 k ert a k Q) 0 W E ert E m c, .r( 03 c, 5 c, 3 2 85 B -3 3 a a a c, a c, m a k a a Lc 1 0 s : b E" : 'i 2 E 0 03 c, a w Y u m 0 Q) a a c, 3 2 z 0 Lc Q) 0 E bl) E Lc U Q) cr 0 E 0 c, .r( 03 3 3 03 m a z 2 3 0 0 c, d 03 c, E a E 03 1 E a !i! is, 8 9 Is0 k U Q) or( c, ert c, m a c, 0 LI 3 a E 0 +a E a rA a 0 -3 c, 8 a e a 0 W E 0 a m a Lc i2 c, c, -3 Q) i+ bl) W E a W k 03 3 a a 0 c, d a 2 ert a a 3 m" E c, i3 El 0 0 ccr 0 ah a E 0 bl) E E Q) & Q) m c, 03 3 25 E .r( 8 c, m Q) c, k 0 0 W E Q) E 0 U !s c, c, 03 s i 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