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HomeMy WebLinkAboutAgenda Council Agenda 120601City of Palm Beach Gardens Council Agenda December 6, 2001 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado Council Member Sabatello CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING December 6, 2001 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATION: a. Trish Faulkner — Recognition for Athletic Accomplishments. V. ITEMS & REPORTS BY MAYOR AND COUNCIL: 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. Consideration of approving Minutes from the November 1, 2001 Regular City Council Meeting. b. Resolution 165, 2001 — Lease Agreement/Nextel South. Consideration of authorizing execution of a Lease Agreement with Nextel South Corporation for the installation and operation of a wireless telecommunications facility. C. Resolution 176, 2001 - Frenchman's Reserve Clubhouse Site Plan. Consideration of approving a site plan to allow for the development of an approximately 56,000 square -foot clubhouse, tennis, pool and guest room facility, located within the Frenchman's Reserve PCD as more particularly described herein; providing for conditions of approval; providing for waivers. d. Resolution 177, 2001 - Approving Pooling Road Impact Fees for DiVosta. Consideration of approving a request by DiVosta and Company to pool road impact fees for certain parcels of real property. e. Resolution 178, 2001 - Approving Pooling Road Impact Fees for Kolter. Consideration of approving a request by Kolter Properties to pool road impact fees for certain parcels of real property. f. Proclamation — Epilepsy Month. IX. PUBLIC HEARINGS: a. Ordinance 42, 2001 — Gardens Corporate Center (Second Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of an application by AMA of South Florida, Inc., to amend phase 2 of the "Medical Mall" Planned Unit Development (PUD) (n/k/a The "Gardens Corporate Center "), located at the northeast corner of the intersection of PGA Boulevard and Alternate AIA, as more particularly described herein, in order to construct two (2) six -story office buildings and one (1) six -story parking structure; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. b. Ordinance 31, 2001 — School Concurrency (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for amendments to the Comprehensive Plan of the City of Palm Beach Gardens based on the recommendations of the Local Planning Agency and staff; providing for adoption; providing for transmittal; providing for codification in the Comprehensive Plan; providing for severability; providing for conflicts; and providing for an effective date. C. Resolution 162, 2001 - Resolution of Intent. Consideration of a resolution of the City of Palm Beach Gardens, Florida, electing to use the uniform method of collecting non -ad valorem special assessments levied within the incorporated area of the City; stating a need for such levy; providing for the mailing of this resolution and providing for an effective date. d. Ordinance 44, 2001 — Christ Fellowship Amendment to PUD (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church North Campus by amending conditions of approval for the site, located on the north side of Northlake Boulevard, approximately 1 %2 mile west of Military Trail as more particularly described herein, amending Ordinance 20, 1997, and Ordinance 23, 1999; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date X. RESOLUTIONS: XI. ORDINANCES: (For Consideration on First Reading) a. Ordinance 43, 2001 — Evergrene PCD (First Reading). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Watermark Communities, Inc., requesting a re- zoning to Planned Community Development Overlay Zoning with a comprehensive land use designation of Residential Medium (RM), to allow for a 905 single - family and 132 multi - family dwelling unit residential community on 362.72 acres for a gross density of 2.86 dwelling units per acre, to be known as the "Evergrene" Community, located south of Donald Ross Road and north of Hood Road, between Military Trail and Alternate AlA, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. b. Ordinance 45, 2001 — Evergrene PCD Excavation and Fill (First Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Communities Finance Company for a Conditional Use to allow an excavation and fill operation within Parcels 4.03 and 4.05 generally located between Alternate AlA and Military Trail, and between Hood Road and Donald Ross Road, commonly known as the Evergrene PCD and more particularly described herein; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: a. Banyan Tree PUD (Blood Bank) - Ordinance 41, 2001. XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, 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 -8700 (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. IV. PRESENTATION: a. Trish Faulkner — Recognition for Athletic Accomplishments. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING NOVEMBER 1, 2001 The November 1, 2001 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 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 to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember Lauren Furtado, Councilmember David Clark, and Chair Pro Tem Carl Sabatello. ANNOUNCEMENTS: Mayor Russo commended the students of Palm Beach Gardens Elementary School for their recent presentation on patriotism. PRESENTATIONS: Joel Brier, Executive Vice President of Professional Firefighters and Paramedics of Palm Beach County, thanked the residents and City administration for their contributions in the recent boot drive for 911 victims, which was the highest total collected by any of the participating cities. ITEMS AND REPORTS BY MAYOR AND COUNCIL: Councilmember Furtado reported a recent article regarding a resident with cerebral palsy who was a tennis player and helped handicapped children, and expressed her opinion that this resident should be recognized for her accomplishments. Councilmember Furtado indicated the Department of Defense had advised against placing individual names of those serving in the armed forces on a banner but recommended a general banner recognizing that many City residents were serving. Vice Mayor Jablin reported residents Joan and Bernie Elias had lost their 17 -year old granddaughter in a tragic accident. The Vice Mayor announced there were 18 new banners in the Municipal courtyard, which would be juried and an award made at the November 8 Music and Arts in the Garden program. The Vice Mayor had designed three new red, white and blue banners that were also displayed. Mayor Russo reported he had attended the meeting of the Recreation Advisory Board. A site analysis and needs assessment was done and the District Park was discussed. A meeting will be scheduled with the County. Mayor Russo requested a thank you letter be sent to PGA National Resort for accommodating an event for the School Board. Mayor Russo reported the turnpike interchange was proceeding. Councilmember Furtado advised that if the interchange happened the new entrance would be located directly across from the entrance to BallenIsles on the north side of PGA Boulevard. CITY MANAGER REPORT: Gardens' Parkway Alignment - City Engineer Dan Clark reported that in an attempt to ease traffic a new alignment was proposed to the south which would require either a taking or purchase of approximately 115 acre of land. Councilmember Sabatello said if there was a cost to the City, it needed to be known as soon as possible. Mr. Clark reported work on PGA Boulevard might not begin until January 1, but that had not yet been confirmed by DOT. Mr. Clark announced that tropical storm Michelle was south of Cuba but the true track was not yet known. He estimated Palm Beach Gardens could CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/1/01 2 receive 3 -12 inches of rain. In a response to a Council question, Mr. Clark reported water was not being dumped from the lake. Cultural Arts Coordinator Update — Jack Doughney indicated staff recommendation was to increase the hours for the current part-time position from 20 to 30, using the additional 10 hours for developing a sponsorship program for support of the arts to fund new programs. Cost to the City would be $7,789 and the position would be upgraded from a Specialist to a Coordinator. Mr. Doughney indicated that the funds were already budgeted. Consensus was to proceed with this proposal. COMMENTS FROM THE PUBLIC: Bob Kaplan, 102 Windward Drive, expressed his opinion that the Planning and Zoning Commission had not handled a recent application properly since he was only given 3 minutes to speak, which was not sufficient time to make the points necessary for modifications to a PCD. Mr. Kaplan indicated the Commission had completely missed the point because all their questions had been regarding the view and screening from PGA Boulevard and never from the point of view of how it would affect the 1,500 residents within the PCD. He reported staff had done an excellent job in their presentation, but the Commission needed a lot of help because there was issue after issue where they did not ask the appropriate questions. Mayor Russo requested that Councilmember Sabatello, as liaison, and City staff work with the Board. Councilmember Sabatello said there were several new people on the Commission and it took time for them to come up to speed. Pat Hughey, 9120 Reed Drive, thanked the City Council for the excellent terrorism program and the effort to unite the community through Gardens United. CONSENT AGENDA: City Attorney Len Rubin requested item 0) be pulled from the agenda. Councilmember Furtado commented regarding the EMS grant, item (f) Resolution 160, and requested that staff stress the importance of this program. Fire Chief Bergel explained that this program had been piloted by the City's firefighters. Councilmember Clark moved approval of the Consent Agenda with the exception of item 6). Vice Mayor Jablin seconded the motion. During discussion of the motion, regarding item (e), Councilmember Sabatello stated he was a home builder in Mirasol but had no involvement with the clubhouse and it would not directly benefit him. The motion carried by unanimous 5 -0 vote. a. Consideration of approving Minutes from the October 4, 2001 Regular City Council Meeting. b. Vehicle Towing Service Contract Extension. Consideration of extending the current contract with Kauff's Towing for a period of 60 days. c. Burns Road Improvements Conduit Installation — Change Order. Consideration of approving a Change Order for $17,571.94 to D.S. Eakins Construction. d. Resolution 157, 2001 - Golf Professional Contract. Consideration of approving a Golf Professional Agreement with Steve Russell and authorizing the execution of the agreement. e. Resolution 159, 2001 - Mirasol Clubhouse, Phase 2. Consideration of approving a Site Plan to allow for the development of an approximately 65,400 square -foot clubhouse, tennis and pool facility in addition to the previously approved 16,102 square —foot teaching facility and cart barn, located within the Mirasol PCD, as more particularly described herein; providing for waivers. CITY OF PALM BEACH GARDENS REGULAR MEETING, 11 /l /01 3 f. Resolution 160, 2001 — E.M.S. Grant. Consideration of authorizing execution an application for funds through the Florida Department of Health Bureau of Emergency Medical Services Matching Grant and to enter into an agreement for the State of Florida Emergency Medical Services Fund Monies. g. Resolution 161, 2001 — "Zoning in Progress "/North Lake Boulevard. Consideration of extending "Zoning in Progress" for real properties within the City that abut Northlake Boulevard between Military Trail and U.S. Highway One for nine months from December 1, 2001, to August 31, 2002; providing for notification to the public. h. Resolution 163, 2001 - Costakos Plat. Consideration of approving the Costakos Plat. i. Resolution 164, 2001 - P.G.A. Speedway Plat. Consideration of approving the P.G.A. Speedway Plat. k. G.I.S. Proclamation. PUBLIC HEARINGS: Ordinance 3, 2001 — Mayor Russo declared the public hearing open held on the intent of Ordinance 3, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending the Code of Ordinances by repealing Division 4 of Chapter 2, Article IV, entitled "Alternate Procedure for Enforcement" in its entirety, and creating a new Division 4 entitled "Code Enforcement Citation Ordinance;" providing for rules for construction; providing for authority of Code Enforcement Officers; providing for procedures for issuance; providing for penalties; providing for County Court Jurisdiction; providing for provisions supplemental; providing for fine schedules for Code Enforcement citations; providing for severability; providing for conflicts; providing for codification; and providing for an effective date, for consideration of second reading and approval. Kelvin L. Wise, Code Enforcement Administrator, gave the staff presentation. Councilmember Furtado commented that Mr. Wise had solved many code enforcement issues for the City. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Clark made a motion to approve Ordinance 3, 2001 on second reading by title only. Councilmember Furtado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 3, 2001 on second reading by title only. Ordinance 33, 2001 - Mayor Russo declared the public hearing open held on the intent of Ordinance 33, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the Comprehensive Plan of the City of Palm Beach Gardens based on the recommendations of the Local Planning Agency and staff, amending Policy 1.1.5.8 of the Future Land Use Element to remove a date certain for non - conforming uses; providing for transmittal; providing for codification in the Comprehensive Plan; providing for severability; providing for conflicts; and providing for an effective date, for consideration of first reading. Growth Management Director Charles Wu provided the staff presentation for Ordinance 33, 2001, and Ordinance 34, 2001. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Clark made a motion to place Ordinance 33, 2001 on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 34, 2001 on first reading by title only. Ordinance 34, 2001 — Mayor Russo declared the public hearing open held on the intent of Ordinance 34, 2001 - An ordinance of the City Council of the City of Palm Beach CITY OF PALM BEACH GARDENS REGULAR MEETING, 11 /l /O1 4 Gardens, Florida, providing for an amendment to the Palm Beach Gardens Code of Ordinances by amending Chapter 78, "Land Development," Article VI, "Nonconformities," Sections 78 -711, 78 -714, 78 -715, 78 -716, 78 -717, 78 -718, and 78- 719; providing for the removal of all language referencing a date certain with which nonconforming uses, lots, structures, and premises must become conforming or be removed; providing for conflicts; providing for severability; providing for codification; and providing for an effective date, also for consideration of first reading. Mayor Russo indicated that the previous comments by Mr. Wu were incorporated into this hearing. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Clark made a motion to place Ordinance 34, 2001 on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 33, 2001 on first reading by title only. RESOLUTION: Resolution 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. Councilmember Clark made a motion to approve Resolution 156, 2001. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. ORDINANCES: Ordinance 39, 2001 — An ordinance of the City Council of the City of Palm Beach Gardens, providing for the approval of an application from Tenet South Florida Health System for an amendment of a previously approved Planned Unit Development (Ordinance 35, 2000) for Palm Beach Gardens Medical Center, located at the Southeast corner of Burns Road and Gardens East Drive, as more particularly described herein; to grant a waiver from Section 78 -446 of the Land Development Regulations, and allow for issuance of a building permit prior to Plat recordation and to allow for additional time to submit a Public Facilities Agreement; providing for conditions of approval; providing for a waiver; providing for severability; providing for conflicts; and providing for an effective date, for consideration on first reading. Growth Management Director Charles Wu gave the staff presentation. Councilmember Furtado requested that consideration be given to surrounding residents during construction. Councilmember Clark made a motion to place Ordinance 39, 2001 on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 39, 2001 on first reading by title only. ITEMS FOR COUNCIL ACTION: Councilmember Furtado asked if the Council agreed with building stormwater consensus; response was that it would be considered after the report had been received. CITY ATTORNEY REPORT: Litigation Report - The City Attorney advised that the litigation report provided for the Council's information had not significantly changed since the prior month. Settlement Agreement with Weiss Group, Inc. (Order Taxing Costs) — The City Attorney reported the agreement had not included expert witness fees; therefore negotiated amounts for expert witness fees were being presented for consideration of approval. Councilmember Clark made a motion to approve the City Attorney's recommendation. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 11 /1 /O1 ADJOURNMENT: There being no further business to discuss, upon motion by Councilmember Clark, seconded by Vice Mayor Jablin, carried 5 -0, the meeting was adjourned at 8:00 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTEST: CAROL GOLD CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL - Agenda Cover Memorandum Meeting Date: December 6, 2001 Date Prepared: October 22, 2001. Subject/Agenda Item Lease Agreement between Nextel South Corporation and the City of Palm Beach Gardens for a cellular telephone tower site at 10245 Lilac Street. Recommendation /Motion: Staff recommends approval of Resolution 165, 2001 Lease Agreement between Nextel South Corporation and the City of Palm Beach Gardens. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: City Attorn y/C Fire - Rescue Total $ 0 [ ] Approved [ ] Approved w/ Finance Current FY conditions ACM [ ]Denied Human Res. - Advertised: Funding Source: [ ] Continued to: Other Attachments: Date: [ ] Operating Staff Report Paper: [ X ] Not Required [ X ] Other N/A Resolution Agreement Submitted by: Peter T. �Berhief Site Plan epart Affected parties -Notified Budget Acct. #:: N/A [ ] None App ed r C ager [ X ] Not required BACKGROUND: See attached Staff Report. m may' CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor & City Council APPROVED: Ronald M. Ferris, City Manager FROM: Peter T. Bergel, Fire Chie SUBJECT: Nextel South Corporation Site Lease Background DATE: October 22, 2001 for Cellular Tower In February 2001, the City of Palm Beach Gardens was approached by Young and Associates as agents for Nextel South Corp. to discuss the possibility of executing a site lease agreement for a cellular phone tower to be located on Municipal property. The proposal herein was negotiated with Nextel South Corporation. Discussion In February 2001, Young and Associates as agents for Nextel South Corp. to discuss the possibility of executing a site lease agreement for a cellular phone tower to be located on 10245 Lilac Street. This proposed site was formerly the Seacoast Water Treatment Plant located north of Plant Drive Park. The City Manager established a negotiating team to consider proposals and any or all terms or conditions for recommendation to the City Council. Ernie Carr, Brian McLaughlin, Holly Luzader, John Lindgren, and myself were assigned to the negotiating team. Nextel is proposing to construct a single 100' monopole tower. They have proposed to locate this facility at 10245 Lilac Street in the open area immediately north of the Seacoast Water Tank. Enclosed is a site plan of that facility. Nextel South will be responsible for all maintenance and associated costs to the proposed facility. Furthermore, Nextel will be required to make application and receive City Council approval for site plan and all improvements in accordance with Section 93 of the City's Land Development Regulations. The City has negotiated a five -year lease. The Agreement will be automatically renewed for four additional terms of five years each. The City has negotiated an annual lease of $24,000, which will increase by three percent per renewal term. Additionally, Nextel will provide the City with seventy -five (75) cellular phones as part of the agreement. Resolution 165, 2001 October 22, 2001 Page 2 Nextel will have the ability to sublease additional space on the antenna structure to a third party telecommunications facility user, provided that any sublease or co- location agreement shall be subject to a ground lease between the City and the third party. The negotiation team has set an annual lease rate for ground space at$6,000. This is a potential increase in annual revenue of $36,000 to the City. The City the negotiating team supports the execution of the lease agreement between the City of Palm Beach Gardens and Nextel South Corporation. Recommendation Staff recommends approval of Resolution 165, 2001 Communications Site Lease Agreement between Nextel South Corporation and the City of Palm Beach Gardens. Ptb: PTB cc: file E. Carr J. Lindgren A. Owens B. McLaughlin CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 165, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH NEXTEL SOUTH CORPORATION FOR THE INSTALLATION AND OPERATION OF A WIRELESS TELECOMMUNICATIONS FACILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City staff has negotiated a Lease Agreement ( "Lease ") with Nextel South Corporation, a Georgia corporation ( "Nextel ") for the installation and operation of a telecommunications tower at the 10245 Lilac Street property; and WHEREAS, the City Council has determined execution of the Lease to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE City OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby authorizes the Mayor and City Clerk to execute the Lease with Nextel, a copy of which is attached hereto as Exhibit "A" and incorporated herein. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held in any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2001. MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved This Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK 2 Market.: South Florida Site No.: FL -2558B Site Name: Burns Road COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) This Communications Site Lease Agreement (Ground) ( "Agreement ") is entered into this day of , 2001, between the City of Palm Beach Gardens, a Florida municipal corporation with an office at 10500 N. Military Trail, Palm Beach Gardens, FL 33410 ( "Lessor" or "City "), and Nextel South Corp. a Georgia corporation, d/b /a Nextel Communications with an address of 851 Trafalgar Court, Suite 300E, Maitland, FL 32751 ( "Lessee "). For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Premises. Lessor is the owner of a parcel of land (the "Land ") located in the City of Palm Beach Gardens, County of Palm Beach, State of Florida commonly known as NW Quadrant of Lilac Street and Plant Drive. The Land is more particularly described in Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately Two Thousand One Hundred Sixty (2,160) square feet of the Land and all access for pedestrian and vehicular ingress and egress to the Lessee Facilities, as defined below in Paragraph 6(a), (the "Premises ") as described in Exhibit B annexed hereto, for the installation, operation and maintenance of utilities serving the Lessee Facilities installed upon the Land, provided that Lessee's access to the Lessee Facilities upon the Property shall not disturb the City's use of the Land. 2. Use. The Premises may be used by Lessee for any activity in connection with the provision of communications services. Lessor agrees to cooperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's intended use of the Premises. 3. Tests and Construction. Lessee shall have the right at any time following the full execution of this Agreement to enter upon the Land for the purpose of making appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessary tests and constructing the Lessee Facilities (as defined in Paragraph 6(a) below). 4. Term. The term of this Agreement shall be five (5) years commencing upon construction of Lessee Facilities or One Hundred Eighty (180) days from full execution of this Agreement, whichever first occurs ( "Commencement Date ") and terminating on the fifth anniversary of the Commencement Date (the "Term ") unless otherwise terminated as provided in Paragraph 10. Lessee shall have the right to extend the Term for five (5) successive five (5) year periods (the "Renewal Terms ") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew prior to commencement of the succeeding Renewal Term. 5. Rent. (a) Within 15 days of the Commencement Date and on the first day of each month thereafter, Lessee shall pay to Lessor as rent Two Thousand and 00 /100 DOLLARS ($2,000.00) per month ( "Rent "). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to Lessor at 10500 North Military Trail, Palm Beach Gardens, FL 33410; Attention: Holly Luzader. (b) Within thirty (30) days of full execution of this Agreement, Lessee hereby agrees to supply Lessor with a performance bond, in a form reasonably acceptable to the City Attorney, in the amount of Twenty Five Thousand Dollars ($25,000.00) ( "Performance Bond "), for the purpose of assuring Lessee's removal of the Lessee Facilities. If Lessee fails to remove the Lessee Facilities within sixty (60) days of the termination of this Agreement or within ninety (90) days of notification by the City that the Lessee Facilities have been abandoned, Lessor shall have the absolute right to remove the Lessee Facilities and store same at Lessee's expense. Failure by Lessee to reimburse Lessor for any and all reasonable costs associated with such removal and storage costs ( "Costs ") within thirty (30) days after written request for same shall entitle Lessor to access the Performance Bond to recover such costs. The Performance Bond shall terminate when Lessee removes the Lessee Facilities from the Premises, to the satisfaction of Lessor, and reimburses Lessor for any costs incurred. (c) Within thirty (3 0) days of full execution of this Agreement, as additional consideration, Lessee shall provide to Lessor seventy -five (75) i1000plus mobile telephones, which shall have a maximum value of Nine Thousand and 00 /100 DOLLARS ($9,000.00). Lessor hereby acknowledges and understands that Lessor shall be responsible, at Lessor's sole cost and expense, for the maintenance and repair of each telephone, and the obtaining directly from Nextel Communications any service contract required for each telephone's use. 6. Facilities; Utilities; Access. (a) Lessee has the right to erect, maintain and operate on the Premises radio communications facilities, including without limitation, an antenna tower or pole and foundation, utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, radio transmitting and receiving antennas, supporting equipment and structures thereto ( "Lessee Facilities "). In connection therewith, Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Title to the Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall remain Lessee's personal property and are not fixtures. Lessee has the right to remove all Lessee Facilities at its sole expense on or before the expiration or earlier termination of the Agreement; provided, Lessee repairs any damage to the Premises caused by such removal. Upon termination of this Agreement, Lessee shall not be required to remove any foundation more than one (1) foot below grade level. (b) Lessee shall have the right to draw electricity and other utilities from the existing utilities on the Land or obtain separate utility service from any utility company that will provide service to the Land (including a standby power generator for Lessee's exclusive use). Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. City hereby further grants and conveys to Lessee, and its agents, employees, contractors, guests and invitees, for the Term and any Renewal Term, a non - exclusive right across that portion of the Land in the location shown on Exhibit B (or such other location as agreed to between the parties), for pedestrian and vehicular ingress and egress to Premises and for the installation, operation and maintenance of utilities servicing the Lessee Facilities installed upon the Land, provided that Lessee's access to the Lessee Facilities upon the Land shall not disturb the City's use of the Land. . (c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor twenty -four (24) hours a day, seven (7) days a week, at no charge. (d) Lessor grants Lessee permission to construct an access road (the "Access Road ") at least twelve feet wide, from the nearest public roadway, Lilac Street across the Land owned by Lessor, to the Premises, and as more fully described in Exhibit B. Lessee will maintain the Access Road at its sole cost and expense except for damages resulting from use of the Access Road by Lessor, or its agents, employees, contractors, or invitees, the cost of which shall be Lessor's sole responsibility. Lessor shall maintain all other access roadways from the nearest public roadway to the Land for Lessee's non - exclusive use in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Lessor shall maintain the access roadways at its sole cost and expense except for damages resulting from use of the access roadways by Lessee or its agents, employees, contractors, or invitees, the cost of which shall be Lessee's sole responsibility. (e) Lessee shall have a maximum of sixty (60) days after the expiration or termination of this Agreement to remove the Lessee Facilities from the Premises (the "Removal Period "), provided that Lessee performs all obligations under this Agreement during the Removal Period, including without limitation, the payment of Rent at the rate in effect upon the expiration or termination of this Agreement. Re .W 1/24/00 Market.: South Florida Site No.: FL -2558B Site Name: Bums Road 7. Interference. (a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and other lessees or licensees of the Land, provided that their installations predate that of the Lessee Facilities. All operations by Lessee shall be in compliance with all Federal Communications Commission ( "FCC ") requirements. 0-1 (b) Subsequent to the installation of the Lessee Facilities, Lessor shall not permit itself, its lessees or sees to install new equipment on the Land or property contiguous thereto owned or controlled by Lessor, if such equipment is likely to cause interference with Lessee's operations. Such interference shall be deemed a material breach by Lessor. In the event interference occurs, Lessoragrees to take all reasonable steps necessary to eliminate such interference, in a reasonable time period. 8. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the Lessee Facilities. Lessor shall pay all real property taxes, assessments and deferred taxes on the Land. 9. Waiver of Lessor's Lien. (a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and not fixtures, and Lessee has the right to remove the same at any time without Lessor's consent. (b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Lessee Facilities (the "Collateral ") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Lessor (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within thirty (30) days of receipt of written notice of default, unless the default is incapable of cure within the thirty (30) day period, or longer period established by the parties, provided that the grace period for any monetary default is ten (10) days from receipt of notice; or (ii) by Lessee for any reason or for no reason, provided Lessee delivers written notice of early termination to Lessor no later than thirty (30) days prior to the Commencement Date; or (iii) by Lessee if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of Lessee Facilities; or (iv) by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or (v) by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference. 11. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Lessee may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Lessor no more than forty -five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. If Lessee chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. 12. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities, bodily injury and property damage insurance with a combined single limit of at least One Million and 00 /100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Lessee, its employees and agents arising out of or in connection with Lessee's use of the Premises, all as provided for herein. Lessee must obtain and maintain the required insurance for the Term and any Renewal Term during which Lessee operates the Lessee Facilities. Lessor shall be named as an additional insured on Lessee's policy. Lessee shall provide to Lessor a certificate of insurance evidencing the coverage required by this paragraph within thirty (30) days of the Commencement Date. Lessee shall provide to Lessor a certificate of insurance issued by a company authorized to conduct business in the state of Florida evidencing the coverage required by this paragraph within thirty (30) days of the Commencement Date, as the case may be, and within thirty (30) days of renewal of the insurance policy. The. coverages under the policy will not be cancelled by Lessee until at least thirty (30) days prior written notice has been given to Lessor. All policies are required to be issued by companies authorized to conduct business in the state of Florida. 13. Waiver of Subrogation. Lessor and Lessee release each other and their respective principals, employees, representatives and agents, from any claims for damage to any person or to the Premises or to the Lessee Facilities thereon caused by, or that result from, risks insured against under any insurance policies carried by the parties and in force at the time of any such damage. Lessor and Lessee shall cause each insurance policy obtained by them to provide that the insurance company waives all right of recovery by way of subrogation against the other in connection with any damage covered by any policy. Neither Lessor nor Lessee shall be liable to the other for any damage caused by fire or any of the risks insured against under any insurance policy required by Paragraph 12. 14. Assignment and Subletting. Lessee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Lessor; provided, however, that Lessee may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor -in- interest or entity acquiring fifty -one percent (51 %) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 9 above. Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of the Lessor's obligations herein, including but not limited to, those set forth in Paragraph 9 ( "Waiver of Lessor's Lien ") above. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 15. Warranty of Title and Quiet Enjoyment. Lessor warrants that: (i) Lessor owns the Land in fee simple and has rights of access thereto and the Land is free and clear of all liens, encumbrances and restrictions; (ii) Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. 16. Repairs. Lessee shall not be required to make any repairs to the Premises or Land unless such repairs shall be necessitated by reason of the default or neglect of Lessee. Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon execution hereof, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted. R-n�d 1124100 Market.: South Florida Site No.: FL -25588 Site Name: Bums Road 17. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation. Lessor represents, warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (defined below) on, under, about or within the Land in violation of any law or regulation, and (2) that Lessor will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation. Lessor and Lessee each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attomey's fees and costs) arising from any breach of any representation, warranty or agreement contained in this paragraph. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the state in which the Land is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This paragraph shall survive the termination of this Agreement. Notwithstanding the foregoing, Lessee shall have the right, during the first ninety (90) days after the date of this Agreement, at its expense, to conduct an environmental assessment of the Land, and in the event such environmental assessment shows any environmental hazards which adversely affect Lessee's use of the Premises, or Lessee's ability to obtain leasehold financing or, in Lessee's sole opinion, the environmental assessment indicates unacceptable environmental liability or potential liability for Lessee, Lessee has the right to terminate this Agreement upon written notice to Lessor. Lessee shall provide Lessor with copies of any and all environmental reports or studies of the Land. 18. Liability and Indemnity. Lessee shall exonerate, hold harmless, indemnify and defend Lessor, Lessor's elected and appointed officials, agents, servants and employees from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorney's fees (including appellate fees), liabilities, damages, orders, judgments, or decrees, sustained by Lessor or any third party arising out of the construction, operation and repair of the Lessee Facilities, unless such claims, demands or causes of action result from willful or negligent acts or omissions of Lessor, its officials, agents, servants or employees. 19. Leasing Space on the Tower. Lessee may lease space on the antenna tower to any collocator, and Lessee shall be entitled to receive collocation revenue from any such collocator, provided that any such collocator enters into a separate ground lease with Lessor. 20. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (d) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Lessor: City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Attn: City Manager With a copy to: Attn: Len Rubin 4100 RCA Boulevard Palm Beach Gardens, FL 33410 Lessee: Nextel South Corp. 851 Trafalgar Court, Suite 300E Maitland, FL 32751 Attn.: Property Manager With a copy to: Nextel Communications, Inc. 2001 Edmund Halley Drive Reston, VA 20191 -3436 Sixth Floor, Mail Stop 6E630 Attn: Site Leasing Services, Contracts Manager Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt. (e) This Agreement shall be governed by the laws of the State of Florida. (f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be recorded by Lessee in the official records of the County where the Land is located. In the event the Land is encumbered-by a mortgage or deed of trust, Lessor agrees to obtain and fumish to Lessee a non - disturbance and attomment instrument for each such mortgage or deed of trust. (g) Lessee may obtain title insurance on its interest in the Land. Lessor shall cooperate by executing documentation required by the title insurance company. (h) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. . (i) All Riders and Exhibits annexed hereto form material parts ofthis Agreement. 0) This Agreement maybe executed in duplicate counterparts, each of which shall be deemed an original. 21. Laws. Lessee shall at all times comply with the statutes, laws, ordinances, and regulations of any competent government authority, which are applicable to the operation and maintenance of the Lessee Facilities. IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe date first above written. Revised I /20100 Market.: South Florida Site No.: FL -2558B Site Name: Bums Road Signed, sealed and delivered in the presence of: Witness Print Nz LESSOR: City of Palm Beach Gardens, a Florida municipal corporation By: Print Name: Witness: Print Name: Tax ID#: 59- 6045863 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 200_, by , as of The City of Palm Beach Gardens, a Florida municipal corporation, who is personally known to me or who has produced as identification and who did (did not) take an oath. WITNESS my hand and official seal.: Sd Notary Public Print Name My commission expires: Signed, sealed and delivered in the resence o1: Witness Print Witness Print NanU a, CCA W A � ro ,MQOTO 'd LESSEE: Nextel South Corp!jnications a Georgia corporation d /a Nextel Y• Print Name: Richard A. Kon Title: Vice President of Engineering and Operations STATE OF_ /_�Y 1 C�zrL�� COUNTY OF nr(, t � cx—., !^ aa 11 11D��� The foregoing instrument was ackknnowledged before me this(]!— day of�V v � 2001, by Richard A. Konkey, as Vice President of Engineering and Operations for Nextel South Corp., a Georgia corporation, d /b /a Nextel Communications who is personally known to me or who has produced ! ) f V9 as identification and who did (gjja2!j.Mke an oath. ITN S my hand and official - seals. �ryu•.z�Ct�c�e - -� 6� �-- 1C�Ylc�� Print Name L My commission expires^l Revised P24100 -• JACQUELINE MCDONAL0 .- MY COMMISSION # DD 027222 �•, EXPIRES: February 27, 2005 ""h Banded Bonded Thm Nmery Pudic Und —stem Market.: South Florida Site No.: FL -2558B Site Name: Burns Road EXHIBIT A DESCRIPTION OF LAND to the Agreement dated , 2001, by and between The City of Palm Beach Gardens, a Florida municipal corporation, as Lessor, and Nextel South Corp., a Georgia corporation, d/b /a Nextel Communications as Lessee. The Land is described and /or depicted as follows (metes and bounds description): PARENT TRACT LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER (SE 1 /4) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA AND BEI NG MORE PARTICULARLY DESCRI BED AS FOLLOWS: BOUNDED ON THE NORTH BY THE SOUTH RIGHT OF WAY LINE OF THE THOMPSON RIVER AS DESCRIBED IN OFFICIAL RECORD BOOK 1179 AT PAGE 259, PUBLIC RECORDS OF PALM BEACH COUNTY; BOUNDED ON THE SOUTH BY A LINE 1,260 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 12; BOUNDED ON THE EAST.BY THE WEST RIGHT -OF -WAY LINE OF STATE ROAD 9; AND BOUNDED ON THE WEST BY THE EAST LINE OF THE PLAT OF GOLFER'S VILLAGE AS SHOWN IN PLAT BOOK 28, AT PAGE 83; LESS AND EXCEPTING THEREFROM THAT PART LYING WESTERLY OF THE EAST LINE OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 4432, AT PAGE 239, PUBLIC RECORDS OF PALM BEACH COUNTY. CONTAINING 424,499 SQUARE FEET OR 9.745 ACRES, MORE OR LESS Revised 1/24100 Market.: South Florida Site No.: FL -2558B Site Name: Burns Road EXHIBIT B DESCRIPTION OF PREMISES to the Agreement dated , 2001, by and between The City of Palm Beach Gardens, a Florida municipal corporation, as Lessor, and Nextel South Corp., a Georgia corporation, d/b /a Nextel Communications as Lessee.' Thompson River r- — — — — — — Utility I Pole Utility Line f 1 Nextels Lease Area 45ft x 48ft ; Ingress & Egress t N Not to Scale Lilac St Site Name: Burns Rd 1 Site Number.: FL2558 -8 1 -95 Notes: 1) This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. 2) Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 3) Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4) The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. 6 Revised 1/24/00 Market.: South Florida Site No.: FL -2558B Site Name: Burns Road PREPARED BY: Paula Hickman, Esquire Nextel Communications 851 Trafalgar Court, Suite 300E Maitland, FL 32751 RETURN TO: Property Management Nextel Communications 851 Trafalgar Court, Suite 300E Maitland, FL 32751 EXHIBIT C MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into on this day of , 2001, by and between The City of Palm Beach Gardens, a Florida municipal corporation, with an address at 10500 N. Military Trail, Palm Beach Gardens, Florida 33140 (hereinafter referred to as "Lessor ") and Nextel South Corp., a Georgia corporation, d/b /a Nextel Communications with an office at 851 Trafalgar Court, Suite 300E, Maitland, FL 32751 (hereinafter referred to as "Lessee "). Lessor and Lessee entered into a Communications Site Lease Agreement ( "Agreement ") on the _ day of for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement. The term of the Agreement is for five (5) years commencing on ( "Commencement Date "), and terminating on the fifth anniversary of the Commencement Date with five (5) successive five (5) year options to renew. The Land which is the subject of the Agreement is in Palm Beach County, Florida, described in Exhibit A annexed hereto. The portion of the Land being leased to Lessee (the "Premises ") is described in Exhibit B annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written Signed, sealed and delivered in the presence of Witness Print NE LESSOR: City of Palm Beach Gardens, a Florida municipal corporation By: Print Name Title: Witness Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , , by as of The City of Palm Beach Gardens, a Florida municipal corporation, who is personally known to me or who has produced as identification and who did (did not) take an _ ; ,`, ?: WITNESS my hand and official seal. Notary Public Print Name My commission expires: (SIGNATURES CONTINUED ON FOLLOWING PAGE) 7 Revised 112000 Market.: South Florida Site No.: FL -2558B Site Name: Burns Road Signed, sealed and delivered in the presence of` Witness Print Name: Witness Print Name: LESSEE: Nextel South Corp., a Georgia corporation d /b /a Nextel Communications 3 s4' 7P C 1 4 By: fl, .` Print Name: Richard A. Konkey Title: Vice President of Engineering and Operations STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of by Richard A. Konkey, as Vice President of Engineering and Operations for Nextel South Corp., a Georgia corporation, d/h /a Nextel Communications who is personally known to me or who has produced as identification and who did (did not) take an oath. WITNESS my hand and official seal Notary Public Print Name My commission expires: 8 Revised 1124100 Market.: South Florida Site No.: FL -2558B Site Name: Bums Road MEMORANDUM OF AGREEMENT EXHIBIT A DESCRIPTION OF LAND to the Memorandum of Agreement dated , 2001, by and between The City of Palm Beach Gardens, a Florida municipal corporation, as Lessor, and Nextel South Corp., a Georgia corporation, d/b /a Nextel Communications as Lessee. The Land is described and/or depicted as follows (metes and bounds description): PARENT TRACT LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA AND BEI NG MORE PARTICULARLY DESCRI BED AS FOLLOWS: BOUNDED ON THE NORTH BY THE SOUTH RIGHT OF WAY LINE OF THE THOMPSON RIVER AS DESCRIBED IN OFFICIAL RECORD BOOK 1179 AT PAGE 259, PUBLIC RECORDS OF PALM BEACH COUNTY; BOUNDED ON THE SOUTH BY A LINE 1,260 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 12; BOUNDED ON THE EAST BY THE WEST RIGHT -OF -WAY LINE OF STATE ROAD 9; AND BOUNDED ON THE WEST BY THE EAST LINE OF THE PLAT OF GOLFER'S VILLAGE AS SHOWN IN PLAT BOOK 28, AT PAGE 83; LESS AND EXCEPTING THEREFROM THAT PART LYING WESTERLY OF THE EAST LINE OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 4432, AT PAGE 239, PUBLIC RECORDS OF PALM BEACH COUNTY. CONTAINING 424,499 SQUARE FEET OR 9.745 ACRES, MORE OR LESS Revised 024100 Market.: South Florida Site No.: FL -2558B Site Name: Bums Road MEMORANDUM OF AGREEMENT EXHIBIT B DESCRIPTION OF PREMISES to the Memorandum of Agreement dated , 2001, by and between The City of Palm Beach Gardens, a Florida municipal corporation, as Lessor, and Nextel South Corp., a Georgia corporation, d/b /a Nextel Communications as Lessee.' Thompson River I Utility Line 1 Nextels Lease Area� "e''" s 45ft x 48ft gal$ hj Q. Ingress & Egress tN Not to Scale Lilac St Site Name: :Burns Rd Site Number: FL2558 -B Utility Pole 1 -95 1) This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. 2) Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 3) Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4) The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. t0 Revised 1 124 /00 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: December 6, 2001 Date Prepared: November 21, 2001 SUBJECT /AGENDA ITEM SP -01 -25 — Frenchman's Reserve Clubhouse Consideration of Approval, Resolution 176, 2001: A request by Bob Bentz of Land Design South, on behalf of Toll Brothers International /Binks Estates Ltd., to approve a site plan for a 56,000 square foot clubhouse facility located on approximately 14.17 acres within the Frenchman's Reserve Planned Community Development (PCD). The Frenchman's Reserve PCD is located just east of the intersection of Alternate A-1 -A and Hood Road. RECOMMENDATION Staff recommends APPROVAL of Resolution 176, 2001 with conditions of approval. Reviewed by: Originating Dept.: FINANCE: NA P&Z Commission Growth Management: Action: Costs: $ [ ] Approved Principal Project Total [X] App. w/ conditions Planner N/A Manager [ ] Denied Ed Tombari, AICP $ [ ] Rec. approval City Attorney Current FY [ ] Rec. app. w/ conds. Finance NA [ ] Rec. Denial Funding Source: [ ] Continued to: Human Res. NA [ ]Operating Submitted by: Advertised: Attachments: Growth [ ]Other 176, Manage ) t 2001 Director(] . ( [X] Not Required 0 Code Comparison Charles K. wu, Table Surrounding AICP Budget Acct. #: Land Uses Frenchman's Approved b pp y' Reserve Master Affected parties: City Manag Plan / [ ] Notified Site /Landscape Plan [X] Not Required • Building Elevations Planning & Zoning Commission Meeting Date: December 6, 2001 Date Prepared: November 21, 2001 Petition SP -01 -25 BACKGROUND The Frenchman's Reserve Master Plan was approved by City Council by Ordinance 4, 2001 on March 15, 2001. To date, the golf maintenance facility and four residential pod site plans have been approved; however, no residential certificate of occupancy has been issued. The Frenchman's Reserve Master Site Plan has designated a 14.17 -acre parcel as "Recreation Center" that shall contain the approved golf course clubhouse and accessory facilities. LAND USE & ZONING The subject site is zoned Planned Community Development (PCD) with an underlying zoning of Public /Institutional (P /1), has a future land -use designation of Residential Low (RL), and has a Master Plan designation of Recreation Center. CONCURRENCY The project has been vested for concurrency through the PCD approval process. The PCD concurrency includes approval for "golf course" use, including all accessory uses, as defined by the International Traffic Engineering Manual. Staff recommends a condition of approval that all accessory uses on site, including the eight guest suites, be the exclusive use of the resident - members and their guests. The concurrency was specifically approved for a "private golf course ", which has a different trip generation rate than a public course. To ensure the nature of the use, Condition 28 of Ordinance 4, 2001 requires that "Golf Course membership shall be exclusive mainly to the residents and their guests. Non - resident memberships shall be permitted until development has reached 640 trips from build -out, at which time non - resident memberships shall no longer be valid." Staff shall monitor certificates of occupancy issued for the overall development and coordinate with the Frenchman's Reserve Country Club to ensure that the requirements of this condition are met. PROJECT DETAILS Site The 14.17 acre site has been cleared as part of the initial clearing of the PCD property. The environmental assessment conducted on the property indicated that the most environmentally significant areas were located elsewhere on the property. P, Planning & Zoning Commission Meeting Date: December 6, 2001 Date Prepared: November 21, 2001 Petition SP -01 -25 Access The Recreation Center site is located on the south side of the development spine road, on the eastern half of the PCD property. The only access shall be off the spine road, a gated private road that intersects with Hood Road, approximately' /2 mile to the west. Building and Architecture The Clubhouse, Fitness Center and Halfway House are to be consistent with the color and style of the residential units within the Frenchman's Reserve PCD and shall be of "Mediterranean" design. Development of the Clubhouse shall include the main entry features and approaches on site, the porte - cochere, the terrace and a clocktower. The applicant has provided staff with a complete listing of colors for all architectural elements and treatments. The applicant has requested a waiver for the proposed clocktower, which exceeds the height limit allowed in Public /Institutional zoning districts. Parking The applicant has provided 72 spaces for the eighteen -hole golf course (one space required for four holes), in addition to 187 spaces required for the clubhouse use (one space per 300 square feet), including seven handicapped spaces in accordance with the Americans with Disabilities Act. The total parking required on site and proposed is 259 spaces. Although the applicant has proposed construction of buildings in three phases, they are proposing the installation of the entire parking area of 259 spaces and associated landscaping during the initial phase 1 of construction. Drainage Site drainage is connected to the overall master plan drainage system that has been approved. Lighting Parking lot lighting will be consistent with the lighting style found throughout the community. The applicant is proposing lighting for the tennis courts and has provided foot candle readings for this area in a revised photometric plan. Phasing The recreation parcels will be developed in three (3) phases. Phase 1 will consist of three (3) modular structures that will allow for the operation of the golf course and tennis facility during the initial opening of the project and during construction of Phase 2, an 18,300 square foot tennis and fitness center. This facility will contain a spa, pool, aerobic and fitness rooms, tennis pro -shop, "kids club" building and eight guest suites for members and guests. Phase 3 consists of the construction of the 37,700 square foot main clubhouse building. This facility shall include a golf pro -shop, locker rooms, offices and dining 3 Planning & Zoning Commission Meeting Date: December 6, 2001 Date Prepared: November 21, 2001 Petition SP -01 -25 facilities. As a condition of approval, the applicant shall remove the Phase 1 modular units prior to the issuance of the certificate of occupancy for the tennis and fitness (Phase 2) building. Waivers Code Section Required Provided Waiver Staff Section 78 =144 45 feet maximum Tower height at 59 Yes Support" Maximum Building feet Height *Staff supports the waiver request due to the enhanced architectural detailing provided by the applicant on the clubhouse building. The clubhouse building is part of an overall architectural theme throughout the PCD and the adjacent public rights -of -way that contributes to the high - quality aesthetic design promoted throughout the City. The applicant has provided features outside the PCD, within public rights -of -way, including fountains, clocktowers and pergolas, which are beyond code requirement. STAFF RECOMMENDATION Staff recommends approval of petition SP -01 -25 with three conditions of approval. PLANNING AND ZONING COMMISSION At its October 23, 2001 meeting the Planning Zoning Commission unanimously recommended approval of this application to the City Council, with staff's conditions. Ed /2001 /sp0125cc 4 Last Revision: November 16, 2001 November 26, 2001 November 28, 2001 RESOLUTION 176, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A SITE PLAN TO ALLOW FOR THE DEVELOPMENT OF AN APPROXIMATELY 56,000 SQUARE -FOOT CLUBHOUSE, TENNIS, POOL AND GUEST ROOM FACILITY, LOCATED WITHIN THE FRENCHMAN'S RESERVE PCD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received a site plan application (SP- 01-25) from Toll Brothers International /Binks Estates, Ltd., for approval of a site plan to provide for the development of an approximately 56,000 square -foot clubhouse, tennis, pool, and guest room facility, located within the Frenchman's Reserve PCD, as more particularly described herein; and WHEREAS, the 14.17 acre "Frenchman's Reserve Clubhouse" site is currently zoned Planned Community Development (PCD) with underlying zoning of Public /Institutional, with a future land use of Residential Low (RL) and a Master Plan designation of Recreation Center; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on October 23, 2001, the Planning and Zoning Commission recommended approval of the site plan amendment application known as "Frenchman's Reserve Clubhouse ". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the "Frenchman's Reserve Clubhouse" site plan, as more particularly described in Exhibit "A" attached hereto and incorporated herein, to provide the development of an Resolution 176, 2001 Meeting Date: December 6, 2001 Date Prepared: November 16, 2001 Petition SP -01 -25 approximately 56,000 square foot clubhouse, tennis, pool and guest room facility located within the Frenchman's Reserve PCD. SECTION 2. Said approval shall be consistent with all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 3. Said approval shall be subject to the following conditions: 1. The owner, successor and assigns of the Recreation Center parcel shall only utilize the guest suites located within the Clubhouse building for the lodging of resident - members and their guests only. (Planning and Zoning) 2. The applicant shall remove the Phase 1 modular units prior to the issuance of the certificate of occupancy for the Clubhouse (Phase 3) building. (Planning and Zoning) 3. Prior to the issuance of the first building permit, the applicant shall revise all plans based on the minor outstanding comments listed in the memorandum from Assistant City Engineer Sean Donahue dated October 24, 2001. (Planning and Zoning) SECTION 4. Construction of the site shall be in compliance with the following plans on file with the City's Growth Management Department: 1. September 19, 2001, Site Plan, Land Design South, 3 Sheets. 2. September 18, 2001, Landscape Plans, Krent Wieland, Sheets S -1 through S -13. 3. July 12, 2001, Landscape Detail Sheets, Krent Wieland /UDS, 7 Sheets 4. July 13, 2001, Halfway House Floor Plans and Elevations, Peacock and Lewis, Sheets DCS -1, DA -1, DA -2. 5. July 13, 2001, Tennis and Fitness Building, Peacock and Lewis, Sheets BCS -01, BA -1, BA -2, BA -12, BA -13. 6. August 17, 2001, Main Clubhouse Floor Plans and Elevations, Peacock and Lewis, Sheets AB -CS -1, AA -1, a -11, AA -12, BA -1, BA -2, BA -12, BA -13. 7. September 18, 2001, Photometric Plan, EDA Sheets PH -1. 8. October 17, 2001, Photometric Site Plan — Tennis Courts, EDA, Sheet PH -1. 9. September 18, 2001, Conceptual Water Sewer and Drainage Plan, Wantmann Group, Inc., 2 Sheets. 10. July 12, 2001, Boundary Survey, Mock — Roos, 1 Sheet. SECTION 5. The following waiver is hereby granted with this approval: A waiver from Section 78 -144 — To allow a maximum building height of 59 feet for the 2 Resolution 176, 2001 Meeting Date: December 6, 2001 Date Prepared: November 16, 2001 Petition SP -01 -25 tower element. The code allows for a maximum building height of 45 feet SECTION 6. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2001. ATTEST BY: CAROL GOLD CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY AYE NAY 3 ABSENT G /ed /2001 /sp0125res EXHIBIT "A" Resolution 176, 2001 Meeting Date: December 6, 2001 Date Prepared: November 16, 2001 Petition SP -01 -25 LEGAL DESCRIPTION: A PARCEL OF LAND SITUATE IN SECTION 31, TOWNSHIP 41 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 31; THENCE RUN NORTH 01'40'40" EAST ALONG THE WEST LINE OF SAID SECTION 31 FOR A DISTANCE OF 2655.11 FEET; THENCE LEAVING SIAD WEST LINE SOUTH 88'19'20" EAST FOR A DISTANCE OF 2838.89 FEET TO THE POINT OF BEGINNING; BEGINNING AT A POINT ON A LINE THENCE NORTH 18'20'42" WEST, A DISTANCE OF 663.37 FEET TO THE POINT OF A NON- TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 1949.86 FEET FROM WHICH A RADIAL LINE BEARS NORTH 00'59'17" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7'09'09 ", A DISTANCE OF 243.41 FEET TO THE POINT OF TANGENCY; THENCE NORTH 83'50'09" EAST, A DISTANCE OF 272.60 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 580.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 66-48-20% A DISTANCE OF 676.27 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 575.00 FEET FROM WHICH A RADIAL LINE BEARS SOUTH 63'43'11" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18'19'05 ", A DISTANCE OF 183.83 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 570.01 FEET FROM WHICH A RADIAL LINE BEARS SOUTH 78'55'57" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11'26'30 ", A DISTANCE OF 113.83 FEET; THENCE SOUTH 00'22'31" WEST, A DISTANCE OF 29.32 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 15.00 FEET FROM WHICH A RADIAL LINE BEARS NORTH 89'37'31" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33'17'01 ", A DISTANCE OF 8.71 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 63.00 FEET FROM WHICH A RADIAL LINE BEARS SOUTH 56'20'31" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31'09'24 ", A DISTANCE OF 34.26 FEET; THENCE NORTH 89'59'25" WEST, A DISTANCE OF 255.90 FEET; THENCE SOUTH 00'00'35" WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH 89'59'25" WEST, A DISTANCE OF 668.39 FEET TO THE POINT OF BEGINNING. CONTAINING 617,155 SQUARE FEET OR 14.168 ACRES, MORE OR LESS. t63 i� co co N W 04 I� , QM cc Rh aaRRhaR���h��RhhhR RE6 aR a��(> eon i �NiA �UiKiRJ gip! I • �f Mill 1 1 I� 1. , LL41., �Y M ; 10 ae z•d E ZTOS -6Gb MWAMMA ME rk � y t1.9 y .H 6 C 0 FRENCH'S PREPARED FOR ESTp P.lLMaE�C9 CARDS F W , YNC. yjnoS urtsaa pue-1 qI if .rnn - - -=D.' MAMM A R °M,IY.Lw+lwlp�0° DESIGD SOU H WndOWSAMPftom dt,E =EO TO SO 99_; l� lali e' `11t1r € H Ea llF cl (0 co co CD co co ca (D co (D Cp Cf) co 1 1 1 1 1 1 1 1 1 1 1 1 1 GJN�O0OOV8U1l�WN X -U-n -0cno-o:i�000000 O � a-�� <A TC — 0— (rU D - -�Ou c00000l to MQ.C"j.ACCCCCCJI (DON N�CNN((DDNN( o �� Dm nnn� w a y � - :) --1 0 (D 0 (D CD (C) �� (AD CC Q D -U -U -U o O_C OR 7 7 7 C: rt I I I (D C (D 0 CD W CA (D (D (D p (D 0 --1 o (DD N (D C c °D D rn n � a �o I II T no S WN W w i VI VI �3 ^O r"F O 3 ToH Brothers Frenchman's Reserve Palm Beach Gardens, Florida Clubhouse Complex O (�D � S1 y.. 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"" Palm Beach Gardens, Florida �,' itE��, ti rZZ-i =�_g s Clubhouse Complex p L aa'o� �Q 1 J $ y a A 14D is mm let 't Y � s S lip ffi� It I FRENCHMAN'S LAND RESERVE DESIGN PREPARED FOR TOLL BROTHERS, INC. Soul PALM BEACH GARDENS, FLORIDA IQWgq�NdMCAw /Iaidplmrinp W M to A & I 4 4 ill o rM l tl o35 y a 14D I� x kT� wnwcovru v—WAY FRENCHMAN'S LAND s� RESERVE DESIGN °4 PREPARED FOR TOLL BROTHERS, INC. SOU 1 fl PALM BEACH GARDENS, FLORIDA kr4=mfttft MnjLuWFUvl p .t e a 14D �s l� o� I d G x 11 ir 4 Vl f � xg n�wa wngCCC��� a Rlf11ACOA.TfAL NAIPJINAY .• FRENCHMAN'S LAND lit a It G RESERVE DESI�GTN PREPARED FOR TOLL BROTHERS, INC. SOV 1 H P" BEACH OMENS, FLORIDA IadloaP� NWSCAw / Larld PlQttYlp =i IF Aft R / � • -�� � •A Y 11� 1 1 ;o ""mac: � � i II I d G x 11 ir 4 Vl f � xg n�wa wngCCC��� a Rlf11ACOA.TfAL NAIPJINAY .• FRENCHMAN'S LAND lit a It G RESERVE DESI�GTN PREPARED FOR TOLL BROTHERS, INC. SOV 1 H P" BEACH OMENS, FLORIDA IadloaP� NWSCAw / Larld PlQttYlp CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 6, 2001 Date Prepared: November 20, 2001 Subject/Agenda Item: Resolution 177, 2001, approving a request by DiVosta and Company to pool City road impact fees for three properties. Recom men dation /IMotion: Staff recommends approval of Resolution 177, 2001. Reviewed by: Originating Dept.: Costs: $ N/A Council Action: Total City Attorney �'� Planning Division [ ] Approved Finance $ N/A [ ] Approved w/ conditions Other Current FY [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other 1. Resolution 177, 2001 2. Letter from DiVosta and Company dated 9 -26 -01 3. City Code Section [ ] Not Required 78 -99(b) Sub fitted by: C�, UltA. Growth Mgt. Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manage ] Not required BACKGROUND: DiVosta and Company has submitted a letter dated September 26, 2001 (copy attached), requesting City Council approval to pool City road impact fees for three parcels of land on which they are required to build city roads. A list of these properties is provided in the attached resolution. The applicant is making this request because the road impact credits associated with the development of a property may exceed the road impact fees associated with that property. Therefore, the applicant would like the ability to use the road impact fee credits from that property to help fund the road impact fees for another property in the same general area. These impact fee credits will be used to help fund new roadways that are required by the City's comprehensive plan. Section 78 -99(d) of the City Code allows the pooling of City road impact fees if approved by the City Council. A copy of that section is attached. The amounts of the City road impact fees and the roadway construction costs are included with the attached letter from DiVosta and Company. STAFF RECOMMENDATION: Staff recommends approval of Resolution 177, 2001. G: \sc \divostaroadfees CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 177, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A REQUEST BY DIVOSTA AND COMPANY TO POOL ROAD IMPACT FEES FOR CERTAIN PARCELS OF REAL PROPERTY DESCRIBED HEREIN; PROVIDING FOR CONFLICTS; PROVIDING FORSEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, section 78 -91(c) of the City's of Code Ordinances provides for the collection of road impact fees from any person seeking to develop land for any of the land use types specified therein; and WHEREAS, in lieu of paying all or portion of a road impact fee, section 78- 99(d)(1) of the City's Code of Ordinances allows a feepayer to construct road improvements identified in the City's thoroughfare plan or city center linkages plan; and WHEREAS, section 78- 99(d)(5) provides that in the event the cost of the improvements exceeds the total amount of road impact fees due for a particular parcel, the City Council may allow the feepayer constructing such improvements to pool impact fees for multiple developments or parcels; and WHEREAS, DiVosta and Company has submitted a request to pool road impact fees for certain parcels within the City and the City Council has determined that approval of such request is in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: In accordance with section 78- 99(d)(5) of the City's Code of Ordinances, the City Council hereby approves the pooling of road impact fees due for the following real properties: Parcel 4.05 ( "The Isles "), located between Alternate A1A and Military Trail south of Hood Road; 2. Parcel 4.07A, located between Military Trail and Central Boulevard north of Hood Road; and -1- 3. Parcel 4.07B, located between Military Trial and Central Boulevard north of Hood Road. SECTION 3: The City Council's approval of the pooling of road impact fees is subject to the following conditions: 1. The feepayer shall meet all requirements of Division IV, "Citywide Impact Fees," of Article III of the City's Land Development Regulations. 2. Prior to the issuance of any credits for the properties referenced herein, the feepayer shall post sufficient surety, in a form acceptable to the City, ensuring the construction of the roadway(s) for which impact fee credits will be issued. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS _ DAY OF .2001. ATTEST: CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY 92 MAYOR JOSEPH R. RUSSO VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK AYE NAY ABSENT -3- 4r A N D C O M P A N Y l September 26, 2001 Mr. Dan Clark Lindahl, Browning, Ferrari & Helstrom 2090 P.B. Lakes Blvd., Suite 600 West Palm Beach, FL 33409 RE: Pooling of City Traffic Impact Fees Dear Dan: As you are aware, we are the developers of two projects within the City of Palm Beach Gardens that require the construction of roads identified in the City's Comprehensive Plan. Specifically, we are required to build the east -west roadway through our Isles project located at the southeast corner of Hood Road and Military Trail. In addition, we are permitting and constructing the roadway in Parcel 4.07, located at the northwest corner of that same intersection, which connects Military Trail to Central Boulevard. I believe both paving and grading plans have been reviewed and approved by your office. A copy of the City's Conceptual Thoroughfare Plan identifying these two links is attached. Pursuant to Section 57 (b)(1) c of the City's Land Development Regulations, as amended by Ordinance 31, 2000, I would respectfully request that the City permit us to pool our traffic impact fees for these two projects as we expect the cost of the improvements to exceed the impact fees due. An engineer's estimate of costs, provided by Bob Lawson of Lawson, Noble & Webb, is also attached for your review. Per your request, we are only seeking credit for the curbing, sidewalks, striping, signage, engineering associated with the road construction and not landscaping or drainage. Please let me know if any other information is required and thank you for your assistance Sincerely yours, Rick Greene, AICP Vice President A�tac ents - c: Ron Ferris, City Manager Growth Management Director `Allan Owens, Finance Director Chuck Hathaway, DiVosta and Company Chris Chew, DiVosta and Company Bob Lawson, Lawson, Noble & Webb Islespooling 4500 PGA Blvd., Suite 400 Executive Offices 561-627-2112 Palm Beach Gardens, FL 33418 Fax 561 - 775 -9121 - - - - - - - - - - II- - - - - - - - - - PWN AaQUM UM-d c - - -- - - - - - - - - nw- co _r_ 's -Z ---------- ti- o 2 0 :3 - - - - - - - - - - II- - - - - - - - - - PWN AaQUM UM-d c co _r_ 's -Z o 2 0 :3 E0 93ed -01 Zl8lv8919s -w0ad we6Z:80 10- 9Z -d9S P9A1938d ENGINEERS ESTIMATE FOR ISLES PUBLIC ROADWAY MILITARY TRAIL TO FEC RAILROAD DESCRIPTION QUANTITY UNIT UNIT COST TOTAL F-CURB 1,621 LF 7.30 11,833.30 VALLEY GUTTER 6,784 LF 7.30 49,523.20 SIDEWALK 6,745 LF 8.25 55,646.25 ROAD (3,280 L.F.) ;yti . • ,L 1 1(2" TYPE S-1 11,114 SY 5.60 62 238.40 V' LIMEROCK BASE 11,114 SY 7.15 79,465.10 12" STABILIZED SUBGRADE 13,449 SY 1.90 25,553.10 STRIPING 1 LS 2,000.00 2,000.00 SIGNAGE 1 LS 9,000.00 9,000.00 SUBTOTAL 295,259.35 ENGINEERING 15 %) 44,288.90 TOTAL $ 339,548.25 Noble r,L�6,- q/�41 P.E. #26640 ' L.N. W. Project Na A372 P:MD-3990372%ENGINEERS ESTIMATE 9.25 -01-* Somber 25.2001 • • t ti F ;yti . • ,L r,L�6,- q/�41 P.E. #26640 ' L.N. W. Project Na A372 P:MD-3990372%ENGINEERS ESTIMATE 9.25 -01-* Somber 25.2001 t, ZO 82Ed -01 Zl8lv9919S -m0ad WE6Z :80 10- 9Z -deS POA1038H ENGINEERS ESTIMATE FOR PARCEL 4.07 ROADWAY CONNECTION CENTRAL BLVD. AND MILITARY TRAIL IMPROVEMENTS DESCRIPTION QUANTITY UNIT UNIT COST TOTAL F-CURB 3,320 LF 7.30 24,236.00 SIDEWALK 3,255 LF 8.25 26,853.75 ROAD (1,626 L.F.) 1" TYPE S -111 5,230 SY 2.80 14 644.00 1 1/2" TYPE S -1 ' 5,230 SY 4.00 20 920.00 W LIMEROCK BASE 5,230 SY 7.15 37 394.50 12" STABILIZED SUBGRADE 6.149 SY 1.90 11 683.10 STRIPING 1 LS 8,000.00 8,000.00 SIGNAGE 1 LS 1,000.00 1,000.00 SUBTOTAL 144,731.35 ENGINEERING 15% 21,709.70 TOTAL $ 166,441.05 ,•�, °as:lis�q <SatNeq Noble MO.- A LN. W. Projed No. A371 P:\300.39903711ENGWEMS ESTIMATE 9 25.01.E September 25, 200I § 78-99 PALM BEACH GARDENS CODE (b) Credit. (1) Improvements. a. All improvements to and/or land dedications for police protection, fire protection and EMS, or parks and recreation facilities, and all collector road improvements identified in the city's thoroughfare plan or city center linkages plan, required under city development approval shall be credited against impact fees up to the total of the impact fees due. A feepayer proposing credit for land dedication shall present property appraisals prepared by qualified professionals and a certified copy of the most recent assessment of the property for tax purposes to be used in determining the amount of the credit. However, the city retsina the right to determine the amount to be credited by preparing engineering and construction cost estimates and/or property appraisals for those improvements and/or land dedications. b. Feepayers claiming credits for construction and/or land dedication shall submit documentation s»fficient to permit the growth management director to determine whether such credits are due and, if so, the amount of such credits. V/ C. In the event the cost of the improvements and/or land dedications exceed the total amount of impact fees due, the city council may, on a case by case basis and in the exercise of its discretion, allow the feepayer constructing such improvements and/or making such land dedications to pool impact fees for multiple develop- ments or enter into funding agreements with other feepayers whose develop- ments contribute to the need for such capital improvements. (2) Alteration, expansion or replacement. Where alteration, expansion or replacement of a building or unit, or a change in land use existing on September 23, 1993, or presently existing which involves an increase in the number of units or square footage or a change in use resulting in new impacts on collector road, police, fire and EMS, or parks and recreation capital facilities for which the impact fee is assessed, credit shall be allowed as provided herein. Credit shall be given for the number of existing units or square feet based upon the existing or previous land use, and impact fees shall only be assessed on the increased level of impact resulting from such alteration, expansion, or replacement. (3) Residential buildings. For an addition to an existing residential building in which additional living units are created, the feepayer shall provide to the city manager a cert�i cation of -an -a . setting - forth a square footage -of the eisting "building For an addition to an existing residential building, the - feepayer, at his or her sole option, may pay the impact fee for the addition as if it alone was a new building rather than provide the certification of an architect setting forth the square footage of the existing building. (c) Failure to claim. Exemptions or credits must be claimed by the feepayer at the time of the application for a building permit. Any exemptions or credits not so claimed shall be deemed waived by the feepayer. (Ord. No. 17 -2000, § 57, 7- 20 -00; Ord. No. 31 -2000, § 6, 12 -5 -00) Supp. No. 10 CD78:80 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 6, 2001 Date Prepared: November 20, 2001 Subject/Agenda Item: Resolution 178, 2001, approving a request by Kolter Properties to pool City road impact fees for four properties. Recommendation /Motion: Staff recommends approval of Resolution 178, 2001. Reviewed by: Originating Dept.: Costs: $ N/A Council Action: Total City Attorney Planning Division [ ] Approved Finance $ N/A [. ] Approved w/ conditions Other Current FY [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other 1. Resolution 178, 2001 2. City Code Section [ X ] Not Required 78 -99(b) Submitted by: Growth Mgt. Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manage Not required BACKGROUND: Kolter Properties is requesting City Council approval to pool City road impact fees for two projects they are developing within the City. These properties are located within the Regional Center and Mirasol. A list of the properties is provided in the attached resolution. The applicant is making this request because the road impact credits associated with the construction of linkage roads within the Regional Center will exceed the road impact fees associated with that property. Therefore, the applicant would like the ability to use the road impact fee credits from that property to help fund the road impact fees for the Mirasol project. A w Meeting Date: December 6, 2001 Date Prepared: November 20, 2001 These impact fees credits will be used to help fund new roadways that are required by the City's comprehensive plan. Section 78 -99(d) of the City Code allows the pooling of City road impact fees if approved by the City Council. A copy of that section is attached. The City Engineer will determine the amount of road impact fee credit issued to the property owner. STAFF RECOMMENDATION: Staff recommends approval of Resolution 178, 2001. G: \sc \kolterroadfees 2 T: CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 178, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A REQUEST BY KOLTER PROPERTIES TO POOL ROAD IMPACT FEES FOR CERTAIN PARCELS OF REAL PROPERTY DESCRIBED HEREIN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, section 78 -91(c) of the City's of Code Ordinances provides for the collection of road impact fees from any person seeking to develop land for any of the land use types specified therein; and WHEREAS, in lieu of paying all or portion of a road impact fee, section 78- 99(d)(1) of the City's Code of Ordinances allows a feepayer to construct road improvements identified in the City's thoroughfare plan or city center linkages plan; and WHEREAS, section 78- 99(d)(5) provides that in the event the cost of the improvements exceeds the total amount of road impact fees due for a particular parcel, the City Council may allow the feepayer constructing such improvements to pool impact fees for multiple developments or parcels; and WHEREAS, Kolter Properties has submitted a request to pool road impact fees for certain parcels within the City and the City Council has determined that approval of such request is in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: In accordance with section 78- 99(d)(5) of the City's Code of Ordinances, the City Council hereby approves the pooling of road impact fees due for the following real properties: Parcels 27.80, 27.30 and the Parcel 27 Residential Pods, located within the Regional Center DRI, north of PGA Boulevard and west of Prosperity Farms Road ( "The Grande at Palm Beach Gardens "); and -1- 2. Parcel D within the Mirasol PCD, located south of Hood Road and west of Florida's Turnpike ( "The Grande at Mirasol"). SECTION 3: The City Council's approval of the pooling of road impact fees is subject to the following conditions: 1. The feepayer shall meet all requirements of Division IV, "Citywide Impact Fees," of Article III of the City's Land Development Regulations. 2. Prior to the issuance of any credits for the properties referenced herein, the feepayer shall post sufficient surety, in a form acceptable to the City, ensuring the construction of the roadway(s) for which impact fee credits will be issued. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2001. ATTEST: CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY -2- MAYOR JOSEPH R. RUSSO VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK AYE NAY ABSENT -3- § 78-99 PALM BEACH GARDENS CODE (b) Credit. (1) Improvements. a. All improvements to and/or land dedications for police protection, fire protection and EMS, or parks and recreation facilities, and all collector road improvements identified in the city's thoroughfare plan or city center linkages plan, required under city development approval shall be credited against impact fees up to the total of the impact fees due. A feepayer proposing credit for land dedication shall present property appraisals prepared by qualified professionals and a certified copy of the most recent assessment of the property for tax purposes to be used in determining the amount of the credit. However, the city retsina the right to determine the Amount to be credited by preparing engineering and construction cost estimates and/or property appraisals for those improvements and/or land dedications. b. Feepayers claiming credits for construction and/or land dedication shall submit documentation sufficient to permit the growth management director to determine whether such credits are due and, if so, the amount of such credits. fC. In the event the cost of the improvements and/or land dedications exceed the total -Amount of impact fees due, the city council may, on a case by case basis and in the exercise of its discretion, allow the feepayer constructing such improvements and/or making such land dedications to pool impact fees for multiple develop- ments or enter into funding agreements with other feepayers whose develop- ments contribute to the need for such capital improvements. (2) Alteration, expansion or replacement. Where alteration, expansion or replacement of a building or unit, or a change in land use existing on September 23, 1993, or presently existing which involves an increase in the number of units or square footage or a change in use resulting in new impacts on collector road, police, fire and EMS, or parks and recreation capital facilities for which the impact fee is assessed, credit shall be allowed as provided herein. Credit shall be given for the number of existing units or square feet based upon the existing or previous land use, and impact fees shall only be assessed on the increased level of impact resulting from such alteration, expansion, or replacement. (3) Residential buildings. For an addition to an existing residential building in which additional living units are created, the feepayer shall provide to the city manager a - cci L,f=ication of ati a ci3iteet= setting forth =fie square = footage -of-thee sting -bad g. — For an addition to an existing residential building, the - feepayer, at his or her sole option, may pay the impact fee for the addition as if it alone was a new building rather than provide the certification of an architect setting forth the square footage of the existing building. (c) Failure to claim. Exemptions or credits must be claimed by the feepayer at the time of the application for a building permit. Any exemptions or credits not so claimed shall be deemed waived by the feepayer. (Ord. No. 17 -2000, § 57, 7- 20 -00; Ord. No. 31 -2000, § 6, 12 -5 -00) Supp. No. 10 CD78:80 PROCLAMATION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the beginning of our species and has been recognized since the earliest medical writings; and WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena; and WHEREAS, Epilepsy is a sign that certain brain cells are discharging an excessive amount of electrical impulses; and WHEREAS; this disorder can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage, although in sixty percent of the cases, the cause is unknown; and WHEREAS; Epilepsy can affect anyone, at any age and at any time; and WHEREAS, more than two million Americans are afflicted with some type of Epilepsy and 150,000 of this number are Florida residents; and . WHEREAS, lack of education about this disorder has contributed to age old myths, superstitions and prejudices; and WHEREAS, people who have Epilepsy make reliable and conscientious workers in job performance, productivity; safety, cooperation and attendance. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim month of December, 2001 as: National Epilepsy Awareness Month in the City of Palm Beach Gardens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 6`h day of December in the Year Two Thousand and One. Attest Mayor Joseph R. Russo Carol Gold, MMC, City Clerk CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: December 6, 2001 Date Prepared: November 19, 2001 SUBJECT /AGENDA ITEM PUD -99 -12 — Gardens Corporate Center Second Reading and Adoption of Ordinance 42, 2001: A request by Ed Oliver of Oliver•Glidden & Partners, Inc., agent for AMA of South Florida, Inc., for an amendment to Phase 2 of the Regional Center Medical Mall Planned Unit Development (PUD) to allow construction of two (2), 6 -story professional office buildings and one 6 -story parking structure, to be known as Gardens Corporate Center. RECOMMENDATION Staff recommends APPROVAL of Ordinance 42, 2001 with conditions. Reviewed by: Originating Dept.: FINANCE: NA P&Z Commission Growth Action: Principal Planner Management: Costs: [ ] Approved City Attorney $ [ ] App. w/ conditions Leonard G. Ru in Project Total [ ]Denied Manager [ ] Rec. approval Finance NA Kara Irwin $ [ ] Rec. app. w/ conds. Human Res. NA Current FY [ ] Rec. Denial [ ] Continued to: Submitted by: Advertised: Growth Date: Funding Source: Mana �t, { n q I Direct r Paper: Attachments: Charles Wu, AICP [ ] Operating *Table 1 [X] Not Required [X] Other NA *Table 2 • Ordinance 42, 2001 • Exhibit "A" Approved b Budget Acct. #: City Man ger ' _ �---- fectf ed parties: NA [ ] None Ronald M. Fe7ri [ ] Notified [X ] Not Required 11 -26 -01 P03:00 IN City Council Meeting Date: December 6, 2001 Date Prepared: November 19, 2001 Petition PUD -99 -12 BACKGROUND The site is located within the Regional Center Planned Community District (PCD), which is a Development of Regional Impact (DRI), created through the adoption of Resolution 9, 1984. This approved site plan, originally referred to as the "MediPlex ", was subsequently amended through Resolution 89, 1995 (amending the exterior architectural finishes to the buildings), Resolution 69, 1996 (modifying the exterior architectural finishes to the buildings), Resolution 124, 1996 (amending the signage), and Resolution 164, 1996 (amending the site plan and adding the condition that the construction and quality of phase two shall be identical to that of phase one). The amended plan included two phases. The first phase has been constructed and includes two buildings: a 10 -story medical office building and parking garage (totaling 184,057 square feet), and a 3 -story skilled nursing facility with 120 beds (totaling 70,000 square feet). The approved second phase called for the construction of a 10 -story medical office building (totaling 223,943 square feet) and a parking structure with 965 spaces. The applicant is proposing to change the development program of the approved second phase. Because of the size and location of this project, several workshops were required to adequately review the petition. The Planning and Zoning Commission heard the petition as a workshop at five separate meetings. At its January 11, 2000 meeting, the Commission voted 7 — 0 to recommend approval of PUD -99 -12 with conditions developed by Staff. City Council reviewed the petition at first reading on February 3, 2000, and stated that a public hearing would not be held for the petition until it was assured that the Regional Center's drainage problems were solved. This matter was addressed by the City Engineer at the February 17, 2000 City Council meeting. On April 6, 2000, City Council held a public hearing to consider second reading and adoption of Ordinance 6, 2000, which contained 21 conditions. However, City Council voted to grant a continuance of the hearing in order to allow the applicant to work with staff to address Council dissatisfaction with the design of the buildings. The applicant submitted revised site plans, floor plans, roof plans, and elevations, incorporating the comments made by the City Council, for review by the Planning & Zoning Commission. On August 14, 2001, the Planning & Zoning Commission recommended approval with minor modifications to the proposed elevations prior to review by City Council. LAND USE & ZONING The subject site is zoned Planned Community District (PCD) with a Planned Unit Development (PUD) overlay, and has a future land use designation of Professional Office (PO). The applicant does not wish to change the PCD zoning, the PUD overlay, or the PO future land use designation. F City Council Meeting Date: December 6, 2001 Date Prepared: November 19, 2001 Petition PUD -99 -12 CONCURRENCY Because the proposed amendment does not exceed the previously approved capacity for the site, it remains vested in terms of concurrency. The original approval would have generated 13,489 daily trips, while the proposed plan will generate 10,507, resulting in a net decrease of 2,982. The 2,982 trips will be removed from the system upon approval of this amendment. The build -out date for the revised project will be the build -out date for the Regional Center DRI (December 31, 2004). PROJECT DETAILS Buildinq Site The amendment will result in changing the approved development mix from 100% medical /dental, to 80% business /professional and 20% medical /dental. The parking calculations are based on this change, and the applicant understands that the ability to go back to a higher proportion of medical /dental office is forfeited. The proposed 6 -story parking structure will have 884 parking spaces, giving the Planned Unit Development a total of 1,677 spaces; City Code requires 1,650 spaces. Aesthetics Because this is a previously approved and partially built project, the aesthetic challenge presented by this project is to successfully blend the new buildings with the existing ones, principally because one of the existing structures, the 3801 building, presents such a dominant physical presence. Condition #2 in Resolution 164, 1996 states that "[t]he Phase 2 Medical Office Building shall be of the same construction and quality in all respects and otherwise identical to the Phase 1 Medical Office Building ", to ensure that the buildings in both phases of the site would be identical. Per City Council direction, the revised elevations present a marked contrast in architectural style to the 3801 building, albeit an improved style, which requires the deletion of the previously approved condition of the PUD. The elevations submitted with the original application were similar in design to the existing 3801 building, but at a smaller scale. However, the glass windows proposed for Phase 2 were different in color and there was less use of the darker marble. The applicant has now revised the elevations to provide more facade articulation to break up the mass of the building, and the entryway has been revised to be more visible and clearly defined through vertical columns and arched window features. The Mediterranean style of the new elevations provides warmth in the design, absent in the previous elevations. The vertical change of the barrel the roof breaks up the mass of the building, adds interest, and defines the entryway. The revised elevations provide a design with character that emphasizes the importance of the location. Site Access The site will have a total of two access points, one on Lake Victoria Gardens Drive, and one on Kyoto Gardens Drive. The site will not have any ingress /egress points on Alternate A1A or PGA Boulevard. 3 City Council Meeting Date: December 6, 2001 Date Prepared: November 19, 2001 Petition PUD -99 -12 Walkways The large, previously approved pedestrian plaza is being replaced with a walkway and sculpture garden to be located in a designated area directly in front of the building 2a on PGA Boulevard. The applicant will be required to schedule a workshop with the Art Advisory Committee to discuss the details of the proposed art. Waste Management There are two existing dumpsters located in Phase 1, and there are two more dumpsters proposed for Phase 2. Each dumpster in Phase 2 will be located adjacent to the building that it is intended to service. Sipnage The site currently has two existing ground signs: one at the intersection of PGA Boulevard and Lake Victoria Gardens Drive, and one at the Lake Victoria Gardens Drive ingress /egress point. The applicant is proposing a ground sign at the Kyoto Gardens Drive ingress /egress point, and another ground sign along the internal drive aisle for the project. PGA Boulevard, Lake Victoria Gardens Drive, and Kyoto Gardens Drive are all public roadways. City Code requires that there be a minimum of 2,400 linear feet of public roadway frontage for a site to have 4 ground signs; the Gardens Corporate Centre site has approximately 3,380 linear feet of public roadway frontage. The applicant has not provided detail for the two new ground signs; therefore, it will be necessary to submit a petition in the future for Council's approval of the elevations of the new signs on the site. Landscaping The required amount of landscaping points for the proposed project is 8,980, and the applicant is proposing landscaping totaling 16,925 points. The applicant has not revised the landscape plan. Phasing_ Phase 2 of the site will be done in two stages. In the first stage, office building 2a (the southernmost office building in phase 2) will be constructed along with a portion of the parking garage (565 spaces), and in the second stage, office building 2b will be constructed, as will the remainder of the parking garage (an additional 319 spaces). PGA Boulevard Corridor Overlay Section 78 -221 of the City Code of Ordinances requires that all lands within the City that front or abut PGA Boulevard, for a depth of 1,000 feet from the edge of right -of -way, meet various aesthetic design requirements because it is the City's "Main Street." The proposed project meets these requirements. For example, as an office complex, the proposed use is in line with the uses envisioned by the PGA Corridor Overlay. The pedestrian plaza /sculpture garden fulfills the requirement for "pedestrian- friendly focal space." The ,project also demonstrates compliance with the "building design guidelines" section of the "PGA Overlay" by demonstrating "unity of character and design" between the existing and proposed buildings, and through the use of "compatible color palettes." 4 City Council Meeting Date: December 6, 2001 Date Prepared: November 19, 2001 Petition PUD -99 -12 FDOT Taking After the future FDOT right -of -way taking for the PGA Flyover, the existing portion of the site (Phase 1) will no longer have the required 55 -foot landscape buffer abutting PGA Boulevard. The 3801 building will only have a 30 -foot buffer, which will be a legal nonconformity because it will be created by the FDOT taking, not because of any action made by the applicant. The FDOT taking will also result in a reduction in open space of approximately 9.83% on site (from 56.49% to 46.66 %). Some landscaping will also be lost because of the FDOT taking; however, the Canary Island Date Palms feature at the corner of PGA Boulevard and Alternate A1A will need to be relocated, by the applicant, to the future corner of the two roadways after the FDOT taking. Art in Public Places The applicant wishes to locate their "Art in Public Places" requirement in the "Sculpture Garden" located directly in front of building 2a on PGA Boulevard. The applicant will be required to schedule a workshop with the Art Advisory Committee to discuss the details of the proposed art, which will also require approval by City Council. Platting Resolution 21, 1995 approved the plat for the first phase of this site; however, the entire site will have to be replatted to include both Phase 1 and Phase 2. Previous Conditions The applicant requested the deletion of conditions #9, #12, and #13 from Resolution 118, 1994. Condition #9 requires the applicant to replace any tree or plant that dies during construction. The applicant is proposing that if any trees die during construction, then the mitigation as noted on the landscape plan will apply. Staff supports the removal of this condition. Condition #12 requires the applicant to install and maintain landscaping in the median of Alternate All A adjacent to the project site. Condition #13 requires the applicant to replace any landscaping or sidewalks removed along Alternate A1A and PGA Boulevard (including the medians) because of the widening of Alternate Al and the PGA Flyover. The applicant states in both a October 26, 1999 letter and a December 3, 1999 letter that the MacArthur /Regional Center Property Owners Association (POA) will install and maintain the buffer landscaping, median landscaping, and sidewalks, and therefore, would like to be relieved of this responsibility. Staff supports removing this condition and replacing it with a different condition (see conditions #1, #2, and #6 in the Recommendation section of this report). Waiver Requests Code Section Required Provided Waiver Staff Recommendation Section 78 -153 — 36' Maximum 98' 54' Support Building Height Section 78 -344 10'X 18.5' 9'X 18.5' 1 foot in Support (1) — Parking Stall width and Bay Dimensions 5 City Council Meeting Date: December 6, 2001 Date Prepared: November 19, 2001 Petition PUD -99 -12 Waiver Requests 3801 PGA Boulevard Code Section Required Provided Waiver Staff Recommendation Section 78 -221 55' 30' 25' Support (d) (4) 1. Special Front setback Requirement Section 78 -153 27' 25' 2' Support Minimum Building Setback The applicant's justification, which is adequate for the Planning & Zoning staff to analyze, is attached. The City Engineer is a consultant that provides strict technical review and support for the City, and therefore, does not support any requests outside of the Code requirements. STAFF ANALYSIS While the revised elevations have a diverse architectural expression from the previously approved buildings, they do have compatible features: defined entryways through vertical columns and arched features; horizontal banding or stacking of levels used to break up the mass of the building; and vertical banding to break up the glass creating a rhythm or pattern to the structure. Although the buildings are different in style, they are compatible enough to compliment each other, and the revised elevations provide a style more in keeping with the design guidelines under review by the City's Design Guideline Committee. Staff reviewed the conditions of approval set forth in Ordinance 6, 2000, which was never adopted, and will include the same with this petition with modifications. Engineering staff proposed to keep their original conditions with modifications, but the City Forester requested the addition of condition #16, relating to the change in landscaping associated with the construction of the PGA Flyover. This petition has been to Planning & Zoning workshop five times and was approved with conditions at a public hearing. The applicant has not revised any portion of the application except the elevations, but since the elevations are a major change, it was important that the Planning & Zoning Commission review the revised elevations. PLANNING & ZONING COMMISSION On August 14, 2001, the Planning & Zoning Commission recommended approval of PUD -99 -12 with minor modifications to the revised elevations. The Planning and Zoning Commission supported staff's conditions of approval and the applicant's waiver requests. City Council Meeting Date: December 6, 2001 Date Prepared: November 19, 2001 Petition PUD -99 -12 CITY COUNCIL At its November 15, 2001 meeting, the City Council reviewed this application as a first reading of the proposed ordinance. The City Council had no major concerns with the proposed site plan and elevations. In order to address a common concern regarding the approval of occupational licenses within Planned Unit Developments (PUD), staff has added an addition condition (condition # 15) regarding the regulation of approved uses: The applicant or its agent shall submit a breakdown by use of the gross square footage for lease for approval by the Planning & Zoning Division prior to the issuance of each occupational license or building permit for interior renovations of tenant spaces. Per the development order, the applicant or its agent is required to maintain the gross area for lease at 80% business and professional office and 20% medical and /or dental office. RECOMMENDATION Staff recommends approval of petition PUD -99 -12 by Ordinance 42, 2001. 7 City Council Meeting Date: December 6, 2001 Date Prepared: November 19, 2001 Petition PUD -99 -12 TABLE 1 °5� 'EXISTING ZJNIs ND, USE C�ESI €GNATION EXISTING USE ­ZONING LAND USE Subject Property Planned Community District Professional Office (PCD) with a Planned Unit (PO) Vacant/Undeveloped (part of Development (PUD) Overlay existing medical office and nursing facility) North Planned Community District Professional Office (PCD) with a Planned Unit (PO) Regional Center Development (PUD) Overlay South Planned Development Area Mixed -Use (PDA) (MXD) Vacant/Undeveloped West Research & Industrial Light Industrial Park (I) Vacant/Undeveloped (M1) East Planned Community District Professional Office (PCD) with a Planned Unit (PO) Regional Center Development (PUD) Overlay E.3 City Council Meeting Date: December 6, 2001 Date Prepared: November 19, 2001 Petition PUD -99 -12 , �� � T46LE � � �IsSISTENCY WITH THE DE lift Code Requirement Proposed Plan .= Consistent? -t Planned Community District Professional (80 %) and Yes (PCD) zoning with a Planned Medical (20 %) Offices & Unit Development (PUD) Parking Structure overlay, and a Professional Office future land use designation Minimum Building Site Area 679,536 square feet Yes for PO: 15,000 square feet Minimum Lot Width for PO: —880 feet Yes 100 feet Maximum Building Lot 26.23% Yes Coverage for PO: 35% Maximum Building Height for Building Height: No PO: 36 feet Maximum 98 feet (6 stories) (waiver required for the new *151 -foot, 10 -story building buildings over maximum already exists on site. height; existing buildings over maximum height exist as legal nonconformities) Front Setback for PO: Front Setback: Yes 25 feet 62 feet (existing building) Side Setback for PO: Side Setback: No 27 feet for buildings greater 25 feet (legal nonconformity) than 2 stories in height (existing building) (WAIVER REQUEST) Rear Setback for PO: Rear Setback: Yes 27 feet for buildings greater 55 feet than 2 stories in height PGA Boulevard Corridor 30 feet No Overlay Landscape Buffer: (existing 3801 building) (legal nonconformity) 55 feet (WAIVER REQUEST) 9 November 1, 2001 REVISED: November 19, 2001 ORDINANCE 42, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN APPLICATION BY AMA OF SOUTH FLORIDA, INC., TO AMEND PHASE 2 OF THE "MEDICAL MALL" PLANNED UNIT DEVELOPMENT (PUD) (N /K/A THE "GARDENS CORPORATE CENTER "), LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF PGA BOULEVARD AND ALTERNATE A1A, AS MORE PARTICULARLY DESCRIBED HEREIN, IN ORDER TO CONSTRUCT TWO (2) SIX -STORY OFFICE BUILDINGS AND ONE (1) SIX -STORY PARKING STRUCTURE; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Oliver•Glidden & Partners, Inc., representing AMA of South Florida, Inc., for approval of an amendment to phase 2 of a 15.6 -acre planned unit development (PUD), known as the "Medical Mall ", located at the northeast corner of PGA Boulevard and Alternate A1A, as more particularly described in Exhibit "A" (Phases 1 & 2) attached hereto; WHEREAS, the 15.6 -acre site is currently zoned planned community district (PCD) with a planned unit development (PUD) overlay and a future land use of professional office (PO); and WHEREAS, the entire planned unit development (PUD) is now known as the "Gardens Corporate Center" as was originally approved through the adoption of Resolution 118, 1994; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the amendment to the planned unit development (PUD); and Ordinance 42, 2001 Meeting Date: December 6, 2001 Date Prepared: November 19, 2001 Petition PUD -99 -12 WHEREAS, on August 14, 2001, the City's Planning and Zoning Commission reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves an amendment to a 15.6 -acre planned unit development (PUD), formerly known as the "Medical Mall ", as more fully described in Exhibit "A" (Phases 1 & 2) attached hereto and incorporated herein by this reference. Said PUD shall henceforth be known as the "Gardens Corporate Center." SECTION 2. Said planned unit development (PUD) is approved subject to the following conditions that shall be the responsibility of the Phase 1 AND Phase 2 property owners, successors or assigns: 1. The MEDICAL MALL AT PALM BEACH GARDENS PLAT ONE, as approved by Resolution 21, 1995, shall be replatted to include the Gardens Corporate Center, prior to issuance of the next building permit. The plat shall designate the first 55 feet associated with Phases 2a and 2b, and the first 30 feet associated with Phase 1, along Alternate Al A and PGA Boulevard, as open space landscape easement for buffering and landscape purposes. (Planning & Zoning) 2. Conditions #5, #10, #17, and #18 of Resolution 118, 1994 (attached) shall be carried over and re- enacted with adoption of this ordinance. (Development Compliance) 3. The loss of the traffic trips with this approval (compared to the previous approval) shall be permanent. (Planning & Zoning). SECTION 3. Said planned unit development (PUD) is approved subject to the following conditions that shall be the responsibility of the Phase 2 property owners, successors or assigns ONLY: 1. Prior to issuance of the final certificate of occupancy, the applicant shall obtain Northern Palm Beach County Improvement District's standard permit. (City Engineer) 2. The color of the louvers shall be compatible with the surrounding building. (Development Compliance) 3. The bank's drive - through operation shall account for less than 50% of the bank's business. (Planning & Zoning) 2 Ordinance 42, 2001 Meeting Date: December 6, 2001 Date Prepared: November 19, 2001 Petition PUD -99 -12 4. Prior to construction plan approval, the applicant, successors, or assigns shall verify that all the requirements of the master stormwater permit have been satisfied to the satisfaction of the City Engineer. (City Engineer) 5. The 9- foot -wide parking spaces on the site shall be double- striped. (City Engineer) 6. The lighting intensity at the perimeter of the parking garage shall not exceed 10.0 foot - candles. (Code Enforcement) 7. Prior to construction plan approval, the applicant shall amend the construction plans to include: a. Sidewalk detail to the paving, grading and drainage detail sheet. (City Engineer) b. Stop bars at the circular drives (shown on the site plan), to the inside of the pedestrian crossings. (City Engineer) c. Curb cuts to the sidewalks that cross the entrance to the site from Kyoto Gardens Drive. (City Engineer) 8. No external signage (except for the directory sign erected pursuant to the approved sign plan) shall be allowed for the ancillary uses proposed within the office buildings in Phase 2. (Development Compliance) 9. Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) 10. The applicant, successors, or assigns shall be required to submit a separate future petition for City approval of the elevations of the new signs on the site as a miscellaneous petition that requires review by the Planning and Zoning Commission and City Council. (Planning & Zoning) 11. The build -out date of this project shall be the build -out date for the Regional Center DRI (December 31, 2004). (Planning & Zoning) 12. The following shall be the permitted ancillary uses in Phase 2 of this site, and shall not be physically accessible directly from the outside of either office building except for any required emergency exits: - pharmacy - newsstand - beauty salon /barber shop - medical retail -card shop 3 Ordinance 42, 2001 Meeting Date: December 6, 2001 Date Prepared: November 19, 2001 Petition PUD -99 -12 -title company - staffing company - bookstore -office supplies /pack & ship - travel agency - retail brokerage -real estate office - mortgage company - restaurant/cafe /coffee shop /internet cafe /bakery (Planning & Zoning) 13. If the PGA Boulevard and Alternate Al A flyover construction begins prior to the construction of Phases 2a and 2b, the petitioner shall prepare the designated area for the relocation of the existing Canary Island Date Palms and berm, per the plan approved by the Regional Center Property Owners Association. (City Forester) 14. Prior to issuance of the first building permit, staff shall determine the need for bonding by the petitioner of any off -site landscape and hardscape required. Maintenance shall be coordinated with the Regional Center POA. (City Forester) 15. 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 of the gross square footage for lease for approval by the Planning & Zoning Division. The applicant or its agent is required to maintain the gross area for lease at 80% business and professional office and 20% medical and /or dental office. (Planning & Zoning) SECTION 4. The following waivers for Phase 1 are hereby granted with this approval: 1. Special Front setback — Section 78 -221 that requires a minimum 55- foot buffer, to allow for a 30 -foot front setback (existing 3801 building). 2. Side setback — Section 78 -153 that requires a minimum 27 -foot side setback, to allow for a 25 -foot front setback (existing 3801 building). SECTION 5. The following waivers for Phase 2 are hereby granted with this approval: Minimum width for parking spaces — Section 78- 344(1), which requires 10 -foot wide parking, spaces, to allow for 9 -foot wide 4 Ordinance 42, 2001 Meeting Date: December 6, 2001 Date Prepared: November 19, 2001 Petition PUD -99 -12 parking spaces in the parking garage. 2. Maximum height for buildings — Section 78 -153 which allows a maximum building height of 36 feet, to allow for buildings up to 6- stories (98 feet) in height. SECTION 6. Construction of the Planned Unit Development shall be in compliance with the following plans and reports on file with the City's Growth Management Department: 1. December 3, 1999 Cover Sheet/Index of Drawings, Oliver•Glidden & Partners, (1 sheet total). 2. August 25, 1999 Boundary & Topographic Survey, Miller Legg & Associates, Inc., (1 sheet total). 3. August 7, 2001 Site Plans (Phase 2a & 2b), Oliver•Glidden & Partners, Sheets SP -1thru SP -2 (2 sheets total). 4. August 21, 2001 Floor Plan, Oliver•Glidden & Partners, Sheets A -1 thru A -7 (7 sheets total). 5. August 21, 2001 Garage Plan, Oliver•Glidden & Partners, Sheets G -1 thru G -6 (6 sheets total). 6. June 30, 1999 Photometric Plan (Phase 2a & 2b), Oliver•Glidden & Partners, Sheet E -1 (1 sheet total). 7. January 5, 2000 Drive Thru Photometric Plan (Phase 2a & 2b), Oliver•Glidden & Partners, Sheet E -2 (1 sheet total). 8. October 16, 2001 Conceptual Planting Plan, Environment Design Group, Sheets 1 thru 5 (5 sheets total). 9. June 25, 1999 Conceptual Paving, Grading & Drainage Plan, Miller Legg & Associates, Inc., Sheets C1 thru C4 (4 sheet total). 10. August 19, 1999 Plans for SR 786 (PGA Boulevard) Plan, Reynolds, Smith and Hills, Inc., (4 sheets total). 11. June 30, 1999 Traffic State me nt/Letter from Joseph B. Pollock, Jr., P.E., Kimley -Horn and Associates, Inc., (3 pages total). SECTION 7. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 8. All resolutions, ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby repealed. GV Ordinance 42, 2001 Meeting Date: December 6, 2001 Date Prepared: November 19, 2001 Petition PUD -99 -12 SECTION 9. This Ordinance shall be effective upon adoption PLACED ON FIRST READING THIS 15 DAY OF NOVEMBER 2001. PLACED ON SECOND READING THIS 6th DAY OF DECEMBER 2001. PASSED AND ADOPTED THIS 6th DAY OF DECEMBER 2001. SIGNED: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN ATTEST BY: CAROL GOLD CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO 0 COUNCILMAN CARL SABATELLO COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY AYE NAY ABSENT Ordinance 42, 2001 Meeting Date: December 6, 2001 Date Prepared: November 19, 2001 Petition PUD -99 -12 EXHIBIT "A" MEDIPLEX MEDICAL MALL LEGAL DESCRIPTION (overall) A PARCEL OF LAND SITUATE IN SEC'T'ION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER SECTION CORNER LOCATED IN THE WEST LINE OF SAID SECTION 6; THENCE SOUTH 88045'05" EAST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER 'OF SAID SECTION 6, A- DISTANCE OF 504.59 FEET TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF STATE,ROAD 811 (ALTERNATE A-1-A) AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE SOUTH 14 °05' 9" EAST, ALONG SAID EAST RIGHT -OF -WAY LINE, A DISTANCE OF 328.81 FEET; THENCE SOUTH 59 °04'13" EAST, A DISTANCE OF 28.29 FEET TO THE NORTH RIGHT -OF -WAY LINE OF P.G.A. BOULEVARD; THENCE NORTH 75 °56'43" EAST, ALONG SAID RIGHT -OF -WAY A DISTANCE OF 195.00 FEEW; THENCE NORTH 79 052'05" EAST, A DISTANCE OF 127.90 FEET; THENCE NORTH 75056'43" EAST, •.A DISTANCE OF 113.55 FEET; THENCE NORTH 74 034'53" EAST, A DISTANCE OF 193.66 FEET; T14ENCE NORTH 78 026'44" EAST, A DISTANCE OF 180.17 FEET; THENCE NORTH 75°56'43" EAST, A DISTANCE OF 11.29 FEET; THENCE NORTH 30 056'43" EAST, DEPARTING SAID RIGHT -OF -WAY LINE, A DISTANCE OF 56.57 FEET; THENCE NORTH 14 °03'17" WEST, A DISTANCE OF 484.04 FEET; THENCE NORTH 54 °59'19" WEST, A DISTANCE OF 32.76 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 05 055120" WEST, A RADIUS OF 575.87 FEET, AND A CENTRAL ANGLE OF, 34 052'03 THENCE PROCEED WESTERLY ALONG THE ARC OF SAID CURVE. A DISTANCE OF 350.45 FEET TO THE END OF SAID CURVE; THENCE NORTH 61 003'17" WEST, A DISTANCE OF 227.10 FEET TO A CURVE HAVING A RADIAL BEARING OF SOUTH 28 °56'43" WEST, A RADIUS OF 501.87 FEET, AND A CENTRAL ANGLE OF 43 °46'07 "; THENCE PROCEED NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 383.38 FEET TO THE END OF SAID CURVE; THENCE SOUTH 29 010'29" WEST, A DISTANCE OF 35.97 FEET TO A POINT ON A CURVE AND EAST RIGHT OF PLAY LINE OF STATE ROAD 811 (ALTERNATE A -1 -A); SAID CURVE IS CONCAVE TO THE WEST HAVING A CHORD BEARING OF SOUTH 16 031157" EAST, A RADIUS OF ].7314.23 FEET, AND A CENTRAL ANGLE OF 0 °35'23 "; THENCE PROCEED SOUTHERLY ALONG SAID RIGHT OF WAY LINE AND THE ARC OF SAID CURVE. A DISTANCE OF 178.25 FEET TO THE END OF SAID CURVE; THENCE SOUTH 10 °10'17" EAST, A DISTANCE OF 244.59 FEET; THENCE SOUTH 14005109" EAST, A DISTANCE OF 178.24 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. CONTAINING IN ALL, 15.60 ACRES, MORE OR LESS. 7 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 6, 2001 Date Prepared: November 13, 2001 SUBJECT /AGENDA ITEM Public Hearing and Second Reading for Ordinance 31, 2001: A request by staff to adopt text amendments to the City's Comprehensive Plan in order to incorporate a Public School Facilities Element and to add associated objectives and policies to the Capital Improvements Element. The amendments are required to be adopted prior to January 25, 2002, per the Interlocal Agreement adopted by the City on December 21, 2000, establishing a countywide school concurrency program. The City Council passed this ordinance on first reading for transmittal to the Department of Community Affairs (DCA) on August 16, 2001. DCA has reviewed the subject amendments and raised no objections. RECOMMENDATION Staff recommends approval of Ordinance 31, 2001. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Approved Finance NA $ [ ] Approved w/ ACM Current FY conditions Human Res, NA Other NA [ ] Denied Funding Source: [ ] Continued to: Advertised: Attachments: Date: 11/28/2001 [ ] Operating Paper: Palm Beach [ ]Other • Ordinance 31, 2001 Post • Exhibit A • ORC Report Hitt b Wh I�. , [X] Required Mana�emen erector Affected parties �_ Budget Acct. #:: [ ] None Approve y: City M ag [X] Not Required NI OO :.cOd L0 -9Z -L[ City Council Meeting Date: December 6, 2001 Date Prepared: November 13, 2001 Petition: TXT -01 -03 REQUEST The amendments are proposed to comply with the Interlocal Agreement signed by the School District, Palm Beach County, and various municipalities in County. The agreement requires the adoption of a Public Schools Facilities Element into the City's Comprehensive Plan as well as incorporating objectives and policies into the Capital Improvements Element to formally establish countywide concurrency procedures for public schools. BACKGROUND The Local Planning Agency (LPA) considered the Interlocal Agreement during the workshop held on November 14, 2000, and subsequently recommended approval and adoption of the agreement to the City Council during the LPA meeting held on November 28, 2000. The vote was 3 -2. On December 21, 2000, the City Council approved the Interlocal Agreement, with a vote of 5 -0, to establish a countywide concurrency system for public schools within Palm Beach County (Resolution 126, 2000). The agreement requires all parties (26 local governments, including the County) to adopt a public schools element into their respective comprehensive plans. The parties are also required to incorporate associated objectives and policies into the Capital Improvements Element requiring residential developments to meet the established Level Of Service (LOS) standards adopted by the School District of Palm Beach County for public schools. On August 16, 2001, the City Council approved transmittal of the amendments to DCA with a vote of 5 -0. DCA issued its Objections, Recommendations, and Comments (ORC) Report on November 1, 2001, and raised no objections to the amendments. Staff requests the City Council's approval of the proposed amendments to the City's Comprehensive Plan, which are proposed to comply with the provisions of the Interlocal Agreement. The proposed amendments are consistent with Chapter 9J- 5.025, Florida Administrative Code, and the Interlocal Agreement. They are identical (boilerplate) to those adopted by the County on March 26, 2001, and were found to be "In Compliance" by DCA. PROCEDURE This is a request initiated by staff to formally amend the City's Comprehensive Plan. The Planning and Zoning staff has forwarded comments and recommendations to the LPA. Acting in an advisory role, the LPA considers the recommendations of City staff and makes a recommendation to the City Council. The City Council reviews the request for approval, and makes a final determination of approval, approval with conditions, or denial. 2 City Council Meeting Date: December 6, 2001 Date Prepared: November 13, 2001 Petition: TXT -01 -03 DCA reviews the amendments for consistency with the State Comprehensive Plan and State statutes and administrative code regarding comprehensive planning and land development regulations. Once the review is completed, DCA issues a "Notice of Intent" to find the amendments "In Compliance" or "Not In Compliance." If a finding of "In Compliance" is issued, the amendments become effective twenty -one days after issuance of such finding. Legislation exempting plan amendments for the purposes of establishing school concurrency from the twice per year limitation on comprehensive plan amendments has allowed local governments to establish school concurrency through special amendment rounds at any time. INTENT OF PROPOSED AMENDMENTS The 1998 Florida Legislature enacted legislation amending s.163.3180, F.S., establishing requirements for the optional implementation of public school concurrency. The proposed amendments incorporate a required Public School Facilities Element (PSFE) consistent with s.163.3177(12)F.S., and provide associated amendments to the Map Series. The PSFE provides coordinated planning among the County, local governments, and the School District to ensure that school capacity at the adopted level of service standard is available at the time of impact of residential development. Based on the requirements of Rule 9J- 5.025, F.A.C., the PSFE addresses related land development issues which impact education, including levels of service for schools, school utilization, residential neighborhood proximity and compatibility, supporting public infrastructure and collocation of facilities, and financial feasibility. To implement school concurrency countywide, consistent Public School Facilities Elements are required to be adopted by each affected local government. OBJECTIVES OF PROPOSED AMENDMENTS As a basis for school concurrency, the PSFE contains Goals, Objectives and Policies to ensure that space is planned for students and existing deficiencies are corrected, as well as ensure that financially feasible capital improvements are adequately planned to achieve and maintain the adopted LOS. The element directs public schools siting to be coordinated with public facilities and infrastructure through a coordinated review of development proposals. The proposed PSFE and corresponding Map Series are intended to address the criteria for establishing school concurrency set forth in Rule 9J- 5.025, F.A.C. These requirements include: 3 City Council Meeting Date: December 6, 2001 Date Prepared: November 13, 2001 Petition: TXT -01 -03 • Providing adequate school capacity through a graduated (tiered) Level of Service for each type of public school, which includes elementary, middle, and high schools, until such time as a standard LOS of 110% is achieved and maintained; • Establishing school Concurrency Service Areas (CSA) and /or ensuring adequate capacity in adjoining CSAs; • Assuring school facility requirements are met through a financially feasible 5 -Year Work Plan; • Establishing mitigation measures for development proposals in order to ensure the adopted Level of Service is maintained; • Providing intergovernmental coordination for siting schools to serve as focal points of residential development; the collocation of schools with other public facilities; and planning population projections; • Coordinating emergency preparedness issues; • Establishing future conditions of maps depicting existing school sites, areas of anticipated future school sites, ancillary facilities and Concurrency Service Areas (CSAs); and • Providing definitions of public school terms. Section 163.3177, F.S., requires that all local governments include policies in their Comprehensive Plans to address public facility collocation and school siting in the Future Land Use Element (FLUE), as well collaborative planning in the Intergovernmental Coordination Element (ICE). These policies were adopted by the City of Palm Beach Gardens on November 4, 1999 (Ordinance 27, 1999), as part of Amendment Round 99 -1. Additionally, to establish school concurrency, amendments to the Capital Improvements Element (CIE) setting forth a financially feasible public schools capital facilities program are required. These amendments, which are being processed concurrently in this special amendment round, ensure that the adopted levels of service will be achieved and maintained. The proposed CIE amendment establishes a level of service for school concurrency; incorporates school concurrency into the development order /permit application; requires that the level of service for public school facilities be met prior to issuance of development orders /permits; and provides a table detailing costs and revenues. 2 City Council Meeting Date: December 6, 2001 Date Prepared: November 13, 2001 Petition: TXT -01 -03 LOCAL PLANNING AGENCY RECOMMENDATION On July 10, 2001, the LPA held a workshop to consider and discuss this petition and raised no major concerns or issues with respect to the agreement or the proposed amendments. On July 24, 2001, the Local Planning Agency (LPA) recommended approval of the proposed amendments by a vote of 7 -0. STAFF RECOMMENDATION In compliance and fulfillment of the City's obligations under the Interlocal Agreement establishing a countywide school concurrency, approved by the City Council on December 21, 2000, staff recommends approval of the proposed amendments (Ordinance 31, 2001) to the City's Comprehensive Plan. G: Talat/TXT- 01- 03 -str 1 -cc -2 E Date Prepared: November 13, 2001 Ordinance 31, 2001 ORDINANCE 31, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS BASED ON THE RECOMMENDATIONS OF THE LOCAL PLANNING AGENCY AND STAFF; PROVIDING FOR ADOPTION; PROVIDING FOR TRANSMITTAL; PROVIDING FOR CODIFICATION IN THE COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 21, 2000, the City Council approved the Interlocal Agreement establishing a countywide public schools concurrency for Palm Beach County; and WHEREAS, Paragraphs II B and IV of said agreement requires all parties, including the City of Palm Beach Gardens, to initiate and adopt the proposed comprehensive plan amendments by January 25, 2001; and WHEREAS, proposed text amendments to the Capital Improvements Element and incorporation of a Public School Facilities Element to the City's Comprehensive Plan have been prepared and reviewed by City Staff, who has determined that they meet all criteria set forth in Section 163.3184, Florida Statutes and Rule 9J- 5.025, Florida Administrative Code; and WHEREAS, on July 24, 2001, the Planning and Zoning Commission, the duly constituted Local Planning Agency for the City, conducted a public hearing and recommended approval and adoption of the subject amendments to the City's Comprehensive Plan; and WHEREAS, the City has received public input and participation through public hearings before both the Local Planning Agency and the City Council, in accordance with Section 163.3181, Florida Statutes; and WHEREAS, the City Council determines that the adoption of the amendments to the City's Comprehensive Plan is in the best interests of the residents and citizens of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The Comprehensive Plan of the City is hereby amended as set forth in Exhibit A (as attached hereto and adopted by reference). Date Prepared: November 13, 2001 Ordinance 31, 2001 Section 2. The City Growth Management Director is hereby directed to ensure that this ordinance and all other necessary documents are transmitted to the Florida Department of Community Affairs and other government agencies or departments in accordance with Section 163.3184, Florida Statutes and, together with the City Clerk, to ensure that this ordinance is codified as part of the Comprehensive Plan of the City. Section 3. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or work thereof be declared by any court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. Section 4. All ordinances or parts thereof in conflict herewith are hereby repealed. Section 5. This ordinance shall become effective in accordance with Chapter 163, Florida Statutes. PLACED ON FIRST READING THIS 16th DAY OF August , 2001. PLACED ON SECOND READING THIS 6th DAY OF December , 2001. PASSED AND ADOPTED THIS DAY OF , 2001. JOSEPH R. RUSSO, MAYOR LAUREN FURTADO, COUNCIL MEMBER ATTEST: CAROL GOLD, MMC, CITY CLERK BY: ERIC JABLIN, VICE MAYOR DAVID CLARK, COUNCIL MEMBER CARL SABATELLO, COUNCIL MEMBER APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY Date Prepared: November 13, 2001 Ordinance 31, 2001 VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO G:Talal/Txt-0 1 -03-ord-3 1-200 1 -adopt Date Prepared: November 13, 2001 Ordinance 31, 2001 EXHIBIT "A" AMENDMENTS TO COMPREHENSIVE PLAN CHANGES TO TEXT AND MAPS Amendments to the Comprehensive Plan of the City of Palm Beach Gardens are depicted on the following pages in strike through and underline format. All maps have been revised/updated with best available data. El CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN TABLE OF CONTENTS ELEMENT FUTURE LAND USE Future Land Use Categories Goals, Objectives and Policies TRANSPORTATION HOUSING INFRASTRUCTURE Sanitary Sewer Solid Waste Stormwater Management Potable Water Aquifer Recharge COASTAL MANAGEMENT CONSERVATION RECREATION AND OPEN SPACE TABLE OF CONTENTS 8101 i -2 ` Ordinance 31, 2001 Exhibit A SECTION ONE 1 -1 1 -9 TWO THREE FOUR 4 -1 4 -2 4 -4 4 -7 4 -10 FIVE SIX SEVEN Ordinance 31, 2001 Exhibit A INTERGOVERNMENTAL COORDINATION EIGHT CAPITAL IMPROVEMENTS NINE Goals, Objectives and Policies 9 -1 Capital Improvements Implementation 9 -8 Monitoring and Evaluation 9 -17 PUBLIC SAFETY TEN PROCEDURES FOR ACCOMPLISHING MONITORING AND EVALUATION REQUIREMENTS ELEVEN PUBLIC SCHOOL FACILITIES ELEMENT TWELVE TABLE OF CONTENTS 8101 i -3 Ordinance 31, 2001 Exhibit A LIST OF TABLES TABLE PAGE 2A Traffic Circulation - Level of Service Standards 2 -3 2B Generalized Peak Hour Directional Volumes 2 -4 2C Generalized Two -Way Peak Hour Volumes 2 -5 2D Maximum Volumes for non -FIRS County Thoroughfare Roads 2 -6 2E Maximum Volume for City Roads 2 -7 2F Radius of Development Influence 2 -8 9A Five -Year Schedule of Capital Improvements 9 -12 9B School District of Palm Beach County 9 -13 Six Year Capital Improvement Schedule 12A Proposed Thoroughfare Roads Following Map O TABLE OF CONTENTS 8101 i -4 MAP Ordinance 31, 2001 Exhibit A FUTURE LAND USE AND TRANSPORTATION MAP SERIES FOLLOWING PAGE A Future Land Use Map 2015 11 -2 B Waterwells and Cones of Influence C Analysis of Land for Development Suitability D Emergent Wetlands E Flood Zones F Coastal Areas G General Ecological Communities H Wildlife Observations I Conceptual Linkage Plan J Potential Future Annexation K Projected 2015 Traffic, LOS & Proposed Laneage L Existing Traffic Circulation M Regional Roadway Network N Mass Transit with Trip Generators & Attractors O Conceptual Thoroughfare Plan P City Center Linkages `Existing and Planned Vehicular Traffic Connections" Q City Center Linkages "Vehicular Traffic Connections" R City Center Linkages "Pedestrian/Bicycle Connections" S 1.1 Concurrency Service Areas S2.1 School Facility Locations S3.1 Planned Additional Capacity S3.2 Planned Additional Capacity S3.3 Projected Additional Facility Demand S3.4 Projected Additional Facility Demand 2009/10 to 2019/20 TABLE OF CONTENTS 8101 i -S Ordinance 31, 2001 Exhibit A CAPITAL IMPROVEMENTS ELEMENT Goals, Objectives and Policies GOAL 9.1.: PALM BEACH GARDENS SHALL UNDERTAKE ACTIONS NECESSARY TO ADEQUATELY PROVIDE NEEDED PUBLIC FACILITIES TO ALL RESIDENTS WITHIN ITS JURISDICTION SO AS TO PROTECT INVESTMENTS IN EXISTING FACILITIES, MAXIMIZE THE USE OF EXISTING FACILITIES, AND PROMOTE ORDERLY, COMPACT DEVELOPMENT. Objective 9.1.1.: The City of Palm Beach Gardens shall use the Capital Improvements Element of this Comprehensive Plan as a means to ensure the construction of Capital Facilities, necessarily to accommodate desired growth with the Future Land Use Element, and to replace obsolete or worn out Facilities. Policy 9.1.1.1.: The City shall include in Five -Year Schedule of Capital Improvements all capital facility projects(renewal and replacement) needed for level of service maintenance which are over $50,000 in estimated costs and the City shall review said Schedule during the preparation of the annual budget. Policy 9.1.1.2.: Proposed capital improvement projects shall be evaluated and ranked in order of priority according to the following guidelines: 1) Whether the project is financially feasible and is needed to protect public health and safety, to fulfill the city's legal commitment to provide facilities and services, or to preserve or achieve full use of existing facilities or to eliminate existing capacity deficits; 2) Whether the project increases efficiency of use of existing facilities, prevents or reduces future improvement cost, provides service to developed areas lacking full service, or promotes infill development; and 3) Whether the project represents a logical extension of facilities and services. 4) Whether the project is consistent with the location needs based on the projected growth patterns, the accommodation of new development and redevelopment facility needs, and the plans of state agencies and South Florida Water Management District (SFWMD) that provide public facilities within the City's jurisdiction. 5) Whether the project is consistent with the Urban Growth Boundary philosophy of urban vs. rural characteristics and service provision. Objective 9.1.2.: Future development shall bear a proportionate cost of facility improvements necessitated by the development in order to maintain adopted LOS standards. CAPITAL IMPROVEMENTS 9 -1 4 Ordinance 31, 2001 Exhibit A Policy 9.1.2.1.: The City shall continue to collect a countywide transportation impact fee to assess new development a pro rata share of the costs required to finance transportation improvements necessitated by such development and shall consider adopting a city road impact fee for neighborhood collectors and local roads of City responsibility. The roadways within the City Center Linkages Plan shall be constructed and financed by individual landowners whose developments will have a direct benefit by having access onto these roadways. The timing and construction of the Linkages Plan roadways are to coincide with the development of individual sites. The development approval for the affected parcels will be conditioned on the construction of the roadways coinciding with the development of these parcels. Policy 9.1.2.2.: The City shall continue its program of mandatory dedications or fees in lieu of as a condition of development approval for the provision of recreation and open space. Policy 9.1.2.3.: The City shall periodically review the adequacy of impact fees levied to fund the following capital facilities needed to support new growth: 1) Park and recreation sites and facilities; and 2) Law enforcement and emergency services. Objective 9.1.3.: The city shall manage its fiscal resources to ensure the provision of needed capital improvements for previously issued development orders and for future development and redevelopment. Policy 9.1.3.1.: The City's Capital Improvements Program shall include funding for those capital facilities and programs which do not exceed the city's fiscal capacity. Policy 9.1.3.2: The City will adopt a Capital Improvements Program covering at least 5 fiscal years and annual capital budget as a part of the City's budgeting process. Policy 9.1.3.3.: The City will make efforts to secure grants or private funds whenever available to finance the provision of capital improvements. Policy 9.1.3.4 The City budget process shall include the planning, development and review of projects which provide for the replacement and renewal of capital facilities. Policy 9.1.3.5: Through capital improvement programming, the City shall use its fiscal policies to direct expenditures for capital improvements which are consistent with the goals, objectives, and policies of other elements of the City's Comprehensive Plan. Policy 9.1.3.6: Should the bond referendum, identified as the funding source for needed capital improvements, Table 9A, fail the City shall amend the comprehensive plan to identify alternative funding sources or to take other actions. Objective 9.1.4.: The Citv of Palm Beach Gardens maintains a minimum level of service for transportation, potable water and sanitary sewer, recreation and open space, and public safety as CAPITAL IMPROVEMENTS 9 -2 Ordinance 31, 2001 Exhibit A defined in the applicable elements. Decisions regarding the issuance of development orders and permits shall be based upon coordination of the development requirements included in this Plan, the land development regulations, and the availability of necessary public facilities concurrent with the impact of developments. The School District of Palm Beach County shall maintain minimum level of service standards for public school facilities, as defined in the Public School Facilities Element. In the case of public school facilities, the issuance of Development Orders, Development Permits or development approvals shall be based upon the School District of Palm Beach County's ability to maintain the minimum level of service standards. Policy 9.1.4.1(a): The City of Palm Beach Gardens :.•ill maintains, cc.asistent .: 41, Sectio 163.3202 r 1 > c `l� a •v., 1,+ ,+ +0 managea„syste.. w , uao + u .. a. uaa. a: j a + . .aau1, u, .a a. o uao „a1 —�raavo„+ a vauva va u ;11 l.o :l a , nt . -ith +L, , .,a .. — ... u. a.aaaaa.a. ..,aa...aa. aa. .. a�aa th- +s of the devel.,p - cnt Those ...<.10 a.:�pa.,a� v. a.,., ...�.....a�r�aa�a.a. a..w<. wu� aeyu:rerne..w 4 o w'A v,- +, +1,— .,A -- + ;-- a,aav u. uuuvav w o °vr .w uv. vavraaavaaw ava .. aaavaa uv. vavraaavaas va uva .. :: viv ia.'avu ries w �aav axasvr uvu of the Comprehensive Plan. a minimum level of service for transportation, potable water and sanitary sewer, recreation and open space, and public safety. The School District of Palm Beach County shall maintain minimum level of service standards for public school facilities, in accordance with the adopted Interlocal Agreement. To ensure that the minimum levels of service for these public facilities and services are maintained as new development occurs, the City of Palm Beach Gardens follows a concurrency management system. The concurrency management system requires all new development applications, subject to concurrency certification, to submit an application which indicates impacts on the Level of Service for the concurrency item. The application identifies the impacts that the proposed development would have on the City's ability, or in the instance of public school facilities, the School District of Palm Beach County's ability, to maintain the adopted minimum levels of service. The concurrency management system shall be consistent with Section 163.3202 (1), F.S. Policy 9.1.4.1(b): The City shall require, through the concurrency management system, that the burden of showing compliance with the level of service requirements be upon the applicant for a development permit. Where capacity cannot be shown, the following methods may be used to maintain the adopted level of service: The developer may provide the necessary improvements to maintain the level of service. 2. The proposed project may be altered such that the projected level of service complies with the adopted level of service standard. 3. The proposed project may be phased such that the projected level of service at the conclusion of each phase complies with the adopted level of service. 4. The construction of the facilities or provision of services is the subject of a binding and guaranteed contract with the City of Palm Beach Gardens or in the case of public school facilities, the School District of Palm Beach County, that is executed and guaranteed for the time the Development Order is issued. CAPITAL IMPROVEMENTS 9 -3 Ordinance 31, 2001 Exhibit A 5. The necessary facilities and services are included in the City of Palm Beach Gardens' Five - Year Schedule of Capital Improvements; or, in the case of public school facilities, construction appropriations are specified within the first three years of the most recently approved School District of Palm Beach County Six Year Capital Improvement Schedule, as reflected in Table 9B of this element, which shall reflect the addition of FISH capacity for each school as shown in Appendix A, of the Public Schools Facility Element, Concurrency Service Area Table. 6. In accordance with Policy 11.1.1.8, and upholding the exceptions detailed therein, prior to issuance of a Development Order /Permit, the School District of Palm Beach County shall determine that the level of service for public school facilities can be achieved and maintained. The necessary public school facilities shall be considered to be in place when sufficient capacity exists in the concurrency service area (CSA) in which the proposed development is located, or an immediately adjacent CSA. Policy 9.1.4.2.(a): The City hereby adopts the following Level of Service Standards (LOS) and will use them in reviewing the impacts of new development upon facility provision. For public school facilities, the applicant for a Development Order or Development Permit which includes any residential component shall provide a determination of capacity by the School District of Palm Beach County that the proposed development will meet the public school facilities level of service. A determination by the School District is not required for existing single family legal lots of record, in accordance with the Public School Facilities Policy 11.1.1.8. The Dual Level of Service Standards shall be applied in the respective urban and rural areas, consistent with the Urban Growth Boundary philosophy established in the Future Land Use Element: CAPITAL IMPROVEMENTS 9 -4 TRAFFIC CIRCULATION Facility Type Neighborhood Collector City Collector County Minor Arterial State Minor Arterial State Principal Arterial FIHS Roads Beeline Highway Excepted Links per Table 2A SEWAGE SER VICE SOLID WASTE Generation per capita: Collection: DRAINAGE WA TER SER VICE Ordinance 31, 2001 Exhibit A LEVEL OF SERVICE STANDARDS URBAN AREA RURAL AREA LOS for Peak Period in Peak Season 7.13 lbs per day D D D D D D E E D D D - D C RECREATION AND OPEN SPACE PUBLIC SAFETY Fire/EMS Police: PUBLIC SCHOOLS CAPITAL IMPROVEMENTS SANITARY SEWER SEPTIC TANKS 107 gallons per day Per DEP and Public per capita Health Department Regulations 7.13 lbs per day 7.13 lbs per day Twice per week Once per week 3 day, 25 year event 3 day, 25 year event POTABLE WATER WATER WELLS 191 gallons per day Per DEP and Public per capita Health Department Regulations 3.7 acres of improved neighborhood and Park and recreation community parks facilities will be located per 1,000 permanent to serve the entire city residents population, and in most cases will be in the urban area. 5 minute response Require well -based time to 90% of all sprinklers for all calls, on a district basis structures; fire service with tanker trucks; 8 minute average response time. 1150 service calls per officer Zone patrol based on rural per year; crime control strategies Community Policing Philosophy 110% utilization rate or up to 120 %, per Policies 11.1.1.1 and 11.1.1.4 of the PSF Element 9 -5 Ordinance 31, 2001 Exhibit A Policy 9.1.4.2.(b): Public safety level of service standards are not a formal component of the concurrency management system required by Rule 9J- 5.0055, FAC, however, the City will monitor the standards during the development review process. Any project that necessitates expansion of public safety services beyond those provided in any given fiscal year, shall be required to participate in the burden of expanding police and fire /ems services to serve the subject property, or shall be phased consistent with City plans to expand such services. Public safety facilities and/or capital equipment that will provide the proposed development sufficient services based on the LOS for police and fire /ems facilities may be required pursuant to a Developer's Agreement. Public safety facilities and /or capital equipment dedicated to the City pursuant to a Developer's Agreement shall be credited against impact fees. Policy 9.1.4.2.(c): In 2000, the City shall evaluate and consider adopting the ideal facility standards as a component of the parks and recreation level of service standard and concurrency management system. Policy 9.1.4.2.(d): With a super - majority vote of the City Council, alternative service mechanisms or provision of services at urban levels may be approved in the rural service area. Policy 9.1.4.3.: The City shall, consistent with Section 163.3202 (1), F.S., maintain regulations that will allow phasing of a development and issuing of a development order for projects that are phased to ensure that the necessary public facilities and services are available prior to the completion of the proposed dc\eloprrmem. Policy 9.1.4.4.: Certificates of occupancy will be issued only after all required public facilities needed to meet the adopted level of service standards are in place. Policy 9.1.4.5.: As a result of the annual capital improvement programming process in which a previously scheduled improvement project drops in priority and was the basis for the approval of a development order, affected developments may proceed subject to the requirement established in Policy 9.1.4.4 above. No such previously scheduled improvement project shall be removed from this element's Schedule of Improvements or delayed more than once unless it can be proved the need no longer cxists. Any delay in the funding of any scheduled improvement shall not exceed one program year. Policy 9.1.4.6: The City shall limit its total debt service expenditures to no more than 20% of total revenue and limit total outstanding indebtedness to no more than 10% of its property tax base. Policy 9.1.4.7.: The City shall evaluate proposed plan amendments and requests for new development or redevelopment according to the following guidelines as to whether the proposed action would: 1) Contribute to a condition of public hazard as may be described in the Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge (Infrastructure) Element, and Coastal Management Element of this Comprehensive Plan; 2) Exacerbate any existing or projected condition of public facility capacity deficits, as may be described in the support documents of the Transportation Element; Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge (Infrastructure) Element; Public Safety Element, and Recreation and Open Space Element of this Comprehensive Plan; CAPITAL IMPROVEMENTS 9 -6 Ordinance 31, 2001 Exhibit A 3) Generate public facility demands that may be accommodated by capacity increases planned in the 5 -Year Schedule of Improvements; and 4) Conform with future land uses as shown on the Future Land Use Map of the Future Land Use Element of this Comprehensive Plan. CAPITAL IMPROVEMENTS IMPLEMENTATION -[-his section addresses public facility deficiencies for which the city has financial responsibility in accordance with Rule 9J- 5.005(1)(c) and 9J- 5.016(4), Florida Administrative Code. As discussed in the other elements of this Comprehensive Plan, there are only limited facilities for which the city has financial responsibility. These include all local roads and two collectors, a limited drainage network, police, fire /ems, and recreational facilities. Major transportation links and potable water, sanitary sewer, solid waste, and drainage systems are under the jurisdiction of other public agencies. Thus, while some of these systems have existing and projected deficiencies, they are the financial responsibility of other agencies. As a result, these system deficiencies will not be addressed in this section. Transportation All arterial roads within the city belong to either the county or the state. The city is responsible for only the local streets and two collectors. Only one of these city facilities has either an existing deficiency or a deficiency projected within the next five years. As is discussed further in the Transportation Element, Burns Road cannot be expanded to its planned cross - section until I -95 is widened and the Burns Road underpass is of a width appropriate for a 4 -lane collector. This I -95 improvement will not occur within the next five years, therefore Burns Road is a temporarily constrained facility. The only expenditures necessary for the city -owned street system are ongoing maintenance. The maintenance costs are covered under the operations portion of the city budget and do not rneet the cost threshold ($50,000), established by this Comprehensive Plan to be classified as capital improvements. The City's traffic standards, concurrency management system and the Countywide Traffic Performance Standards require deficiencies and needs to be met prior to additional impact. Should project - generated roadway needs occur in the future, the City shall require as a condition of approval, all improvements to be programmed for completion or be carried out by the specific development(s). Sanitary Sewer and Potable Water The potable water and sanitary sewer systems within the city are owned by the Seacoast Utility Authority (Utility Authority). The Utility Authority was previously under private ownership but was purchased by a consortium of cities, including Palm Beach Gardens, and the county. However, the Utility Authority is a separate entity with its own revenues, expenditures, and staff. Therefore, the City of Palm Beach Gardens has no fiscal responsibility concerning the operation, maintenance or expansion of the potable water or sewer systems. Solid Waste Through the use of an independent contractor, the City of Palm Beach Gardens provides residential solid waste pick -up. However, under statutory agreement, all solid waste generated in the city must be taken to facilities owned and operated by the S911d Waste Authority of Palm Beach County CAPITAL IMPROVEMENTS 9 -7 Ordinance 31, 2001 Exhibit A (SWA). Thus, the city has no financial responsibilities for any solid waste disposal facilities. Surface Water Management The city owns portions of a small drainage system located in the oldest portions of the city. No existing deficiencies have been identified, as the existing development meets the established level of service standards. While the areas served by the facilities are almost builtout, any redevelopment or new development will conform with the level of service standards established for new development. Therefore, no deficiencies are projected. Sub -basin drainage studies and post- October 1995 flood system assessments may identify improvements needed to maintain level of service. A few of these improvements may be needed in the City's limited portion of the surface water management system. At this time, the only expenditures necessary for the system are ongoing maintenance. The maintenance costs are covered under the operations portion of the city budget and do not meet the cost threshold ($50,000), established by this Comprehensive Plan to be classified as capital improvements. The remainder of the drainage system in the city is under the jurisdiction of the Northern Palm Beach County Improvement District ( NPBCID) who is responsible for the system operation, maintenance, and expansion. Existing development conforms with the established level of service standards, therefore, no deficiencies have been identified. All future development areas of the city are expected to be serviced by NPBCID systems. These systems shall meet the level of service standards for new development. Recreation The City of Palm Beach Gardens is entirely responsible for providing recreation facilities to residents of the city. The county provides some regional facilities in areas near the city; however, the recreation level of service standard established by this plan includes only city -owned neighborhood and community facilities. Therefore, the city is solely responsible for insuring the level of service standard is. met. Table 7 -45 in the Recreation and Open Space Element Support Document of this Comprehensive Plan indicates the city will have needs for additional improved park land during the next five years. As discussed in that element, this deficit is to be made -up through new development dedications and fees collected through the recently enacted recreation impact fee. The recreation impact fee is to be designed such that all new development will contribute land and/or funds at a level necessary to maintain the adopted level of service of 3.7 acres of park land improved with recreation facilities per 1,000 permanent residents. Table 9A indicates the amount of acreage and expenditures needed to address the projected parks and recreation deficit. As the table shows, there are some land needs beginning in the year 2000. This deficit may be eliminated through the improvement of an 8 -acre parcel on Howell Lane that was dedicated to the City for recreation purposes, yet remains vacant. The City also has a 9 -acre parcel which it just purchased on Lilac Street which is being planned for recreation facilities. Improvement of this site will eliminate the projected deficiency in 2001, and reduce the need in 2002. The acreage needs are calculated by multiplying the projected population for each year by the adopted level of service and then subtracting the inventory from the previous year. The population projections are for the permanent population as shown in Table 1 -Iof the Future Land Use Element. The precise CAPITAL IMPROVEMENTS 9 -8 Ordinance 31, 2001 Exhibit A location of the proposed park improvements cannot be shown at this time since the park sites will be acquired and developed as the vacant land is developed. Almost all of the park improvements shown in Table 9A are expected to be located east of the Florida's Turnpike with a majority located east of I -95. All of the recreational improvements as shown in Table 9A, are consistent with other elements of the Comprehensive Plan. The cost per acre presented Table 9A is calculated by adding the projected land costs plus improvement costs. For the purposes of this calculation, land is estimated to average $60,000 per acre and improvements at $95,000 per acre for a total of $155,000 per acre improved recreation facilities. The land costs used herein are based on the average value of an acre of land within the City. The facility improvements costs are based on the estimated development costs of an acre of park land according to calculations derived for the parks and recreation impact fee. Depending on the amount of land and number of facilities obtained and improved at any one time, economies of scale are expected that may either reduce or exceed these projected costs. Larger -sized parks are more in keeping with the city's current desire to develop more large- scale, full service community centers. The City is currently working on a parks and recreation master plan which will identify future park sites and desired facilities. The loss of the municipal complex park and recreational facilities contributes to the ongoing capital need. Table 9 -4 identifies the ideal level of improvements that the City would like to offer to its residents. These are objectives which are used for facility planning and annual budgeting purposes. The City would like to be in a situation where it can adopt these objectives as formal level of service standards in the comprehensive plan. Until the facilities that are eliminated due to the municipal complex are replaced, the City is not prepared to formally adopt these objectives. Public Safety The Future Conditions section of the Public Safety Element Support Document identifies fire stations, police facilities and equipment that will be required as capital projects to maintain the adopted levels of service as Palm Beach Gardens develops (Tables 10 -4 and 10 -8). These level of service standards will not be a formal requirement of the concurrency management program, but will be evaluated during development review. Approximately 61% of the City is currently vacant or undeveloped. The development of these areas, with the inclusion of parcels through annexation, will necessitate additional public safety services and facilities. The City shall undertake measures to ensure that adequate land and equipment is available for police, fire and emergency assistance facilities to serve its current and future residents. The Police and Fire Departments are funded primarily through ad valorem taxes. The use of impact fees is the preferred method to ensure that new development offset the need for public services created by such development. Additional capital expenditures will be necessary to maintain the adopted levels of service (Table 9A). These have been projected based upon the adopted urban level of service standards of 1150 service call s/respondino, officer and a 5 minute response time to 90% of all calls. Response time is measured as the time from receipt of a dispatched call until the first due unit arrives at the scene. Police and Fire capital costs have most recently been estimated for Palm Beach Gardens in a AFire /EMS, Police and Park Impact Fee Study prepared by James Duncan And Associates, May., CAPITAL IMPROVEMENTS 9 -9 Ordinance 31, 2001 Exhibit A 1997. These costs are expected to be met by fees collected through police and fire /ems impact fees. The new station needed to serve District 3 is expected to be funded via a bond issue. Should the bond issue fail, the City will need to fund this capital project with general revenues which will most likely necessitate a tax increase. A Distrct 5 station will also be needed in the near future. At this time. a need for this station is not foreseen in the next five years. Development proposals may impact level of service and necessitate the need for Station #5 sooner than the City's capital program budgets it. In this case, a developer will need to contribute the needed fire station. 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E v vii O � O8 C � n n N rf 8O N O O f�0 n 8 O� O O 01 A f� f >- Q O Yf w Y( N C §§ 8 w f Q • W {Opp tQq N � O f'l N 01 b A oOQ QOO O v CJ O Q OI Il N N N Ci tC N �'1 a P f. fpp�� Ay O A 8 pa(` 8O �pOp p�� QN N O N O O� O+ 8v 8O pp O O O f N Q t m h Q N C m , �c L LL ou O O W W t U 0 a a W (N a, f!) E E U h F U Q i Z N u u A Z v ca m m n U d C m a O v u w C. 7 d CO r 10 z E n ti 00 a U � v u O n c � O � u � c o m m 0 _ o o t � u g `o O a 19 c u O o m L O Q O O U yC O a � O > U � x O n � V e a > a�i u Z i u U m m 7 $p u G v �a L v 4 o m . u Nt LO F- Q S Ordinance 31, 2001 Exhibit A Implementation Programs The most obvious tool to implement the Capital Improvement Element is the capital improvements program which the City will update on a regular basis. Additionally, in accordance with the goals, objectives, and policies of the elements of this Comprehensive Plan, the city will maintain or adopt new land development regulations and procedures to insure the levels of service standards adopted by this plan are met or exceeded. These regulations and procedures will require that all public facilities necessary to service new development at the adopted levels of service standards are available prior to or concurrent with the impacts of the new development. Furthermore, the regulations will be designed to simplify and streamline the existing regulatory programs. The regulations and procedures to be maintained or newly adopted include, but are not limited to: X traffic (city road impact fees yet to be adopted)_and recreation impact fee ordinances; o revised development application procedures which require an assessment of the ability of existing facilities to accommodate proposed development; X regulations which permit the phasing of development in concert with the provision of necessary public facilities; o the preparation of a capital improvements budget as part of the city's annual budget to insure all facility deficiencies are identified and addressed; X an annual monitoring and evaluation process to update the capital improvements element and any deficiencies addressed therein; o the prioritizing of capital expenditures to insure facility deficiencies take priority over non - health and safety capital projects; X an assessment of the city's fiscal capabilities to schedule and implement capital improvement projects; and o an annual review of the Comprehensive Plan for significant changes in growth projections and/or facility requirements. These regulations and procedures are identified in more detail in the goals, objectives, and policies section of each element of this plan plus other sections of the text of this element. In all cases, the city will not approve development which would cause the public facilities addressed by this Comprehensive Plan to operate below their adopted levels of service standards. CAPITAL IMPROVEMENTS 9 -16 Ordinance 31, 2001 Exhibit A IV. MONITORING AND EVALUATION Chapter 163 of the Florida Statutes requires the Capital Improvement Element to be continuously monitored and evaluated. Therefore, this element will be reviewed on an annual basis to ensure that required fiscal resources will be available to provide the public facilities needed to support the adopted level of service standards. The annual review will be the responsibility of the City Manager, the City Finance Director, the Local Planning Agency, with assistance by the Growth Management Department. This group's findings and recommendations will be presented to the Mayor and City Council at a public meeting. The City Council will then direct staff to take appropriate actions based upon the review committee's findings and recommendations. The City, in conducting its annual review of the Capital Improvements Element, will consider the following factors and will amend the element accordingly: L Any corrections, updates, and modifications concerning costs; revenue sources; acceptance of facilities pursuant to dedications which are consistent with the element; or the date of construction of any facility enumerated in the Element; 2. The Capital Improvement Element's consistency with other elements of the Comprehensive Plan and its support of the Future Land Use Map; 3. The priority assignment of existing public facility deficiencies; 4. The City's progress in meeting those needs determined to be existing deficiencies; 5. The criteria used to evaluate capital improvement projects in order to ensure that projects are being ranked in their appropriate order of priority; 6. The City's effectiveness in maintaining the adopted LOS standards; 7. The City's effectiveness in reviewing the impacts of plans and programs of state agencies and water management districts that provide public facilities within the city's jurisdiction; 8. The effectiveness of impact fees for assessing new development a pro rata share of the improvement costs which they generate; 9. The impacts of special districts and any regional facility (DRl) and service provision upon the City's ability to maintain its adopted LOS standards; 10. Efforts made to secure grants of private funds, whenever available, to finance the provision of capital improvements; 11. The transfer of any unexpected account balance; 12. The criteria used to evaluate proposed plan amendments and requests for new development of redevelopment; and CAPITAL IMPROVEMENTS 9 -17 Ordinance 31, 2001 Exhibit A 13. Capital improvements needed for the latter part of the planning period, for inclusion in the 5 -year Schedule of Improvements. h-1 an effort to make the aniival Comprehensive Plan review efficient and effective, the Council will require it to be completed prior to the beginning of the annual budgeting process. All departments within the city will be directed to provide up -to -date information and to make staff available to assist in the review. Formal recommendations for Comprehensive Plan amendments will be made in conjunction with the submittal of the annual budget. CAPITAL IMPROVEMENTS 9 -18 Ordinance 31, 2001 Exhibit A PROPOSED PUBLIC SCHOOL FACILITIES ELEMENT PUBLIC SCHOOL FACILITIES ELEMENT I. GOALS, OBJECTIVES AND POLICIES GOAL II.1.:IT IS A GOAL OF THE CITY OF PALM BEACH GARDENS TO ASSIST IN PROVIDING FOR FUTURE AVAILABILITY OF PUBLIC SCHOOL FACILITIES CONSISTENT WITH THE ADOPTED LEVEL OF SERVICE STANDARDS. THIS GOAL SHALL BE ACCOMPLISHED RECOGNIZING THE CONSTITUTIONAL OBLIGATION OF THE SCHOOL DISTRICT TO PROVIDE A UNIFROM SYSTEM OF FREE PUBLIC SCHOOLS ON A COUNTYWIDE BASIS. Objective II.1.1.:To ensure that the capacity of schools is sufficient to support student growth at the adopted level of service standard for each year of the five -,year planning period and through the long term planning period. Policy 11.1.1.1: The LOS standard is the school's utilization which is defined as the enrollment as a percentage of school student capacity based upon the Florida Inventory of School Houses (FISH). The level of service (LOS) standard shall be established for all schools of each type within the School District as 11.0 percent utilization, measured as the average for all schools of each type within. each Concurrency Service Area No individual school shall be allowed to operate in excess of 1.1.0% utilization, unless the school is the subject of a School Capacity Study (5C_:S)undertaken by the School District, working with the Technical Advisory Group (TAG) which detennines that the school can operate in excess of 110% utilization. The SCS shall be required if a school in the first student count of the second semester reaches 108 % or higher capacity. As a result of an SCS, an individual. school may operate at up to 1.20% utilization. Policy 11.1.1.2: If, as a result of a School Capacity Study (SCS), a determination is made that a school will exceed 120% utilization or cannot operate in excess of 110% utilization, then the School District shall correct the failure of that school to be operating within the adopted LOS through 1) program adjustments 2) attendance boundary adjustments or 3) modifications to the Capital Facilities Program to add additional capacity. If, as a result of the SCS a determination is made that the school will exceed 110% and can operate within adopted guidelines, the identified school ma:_operate at up to 120% utilization. If as a result of one or more School Capacity Studies that demonstrate that the schools of a particular type can operate at a higher standard than the 110% utilization standard of the CSA, the Comprehensive Plan will be amended to reflect the new LOS for that school type in that CSA. Policy 11.1.1.3: The School Capacity Study (SCS) shall determine if the growth rate within an area, causing the enrollment to exceed 110 percent of capacity, is temporary or reflects an Public School Facilities 12 -1 Ordinance 31, 2001 Exhibit A ongoing trend affecting the LOS for the 5 year planning period. The study shall include data which shows the extent of the exceedance attributable to both existing and new development. Notification shall be provided to the local government within whose jurisdiction the study_ takes place. At a minimum, the study shall consider: 1. Demographics in the school's Concurrency Service Area (CSA); 2. Student population trends, 3. Real estate trends (e.g. development and redevelopment); 4. Teacher /student ratios; and 5. Core facility capacity; Policy 11.1.1.4: The adopted LOS standard shall become applicable to the entire County at the b�zgin.ni»g of the 2004 -05_ school year, by which time the School District has achieved the countywide adopted level of service for all schools of each school type. In the interim, Table 11A establishes the tiered level of service standards for each CSA by school type. Individual schools of each type may exceed the Tiered LOS standards during the period in which Tiered LOS are in effect. Each individual school exceeding the Tiered LOS during that time shall not be allowed to exceed the utilization standards for that school type as shown in the Maximum Utilization Table of this element (Table 1113). Table 11A Standards for Tiered Level of Service CSA Facilitv Tv pc 2000 -01 2001 -02 2002 -03 2003 -04 2004 -05 2005 -06 1 Elementary 120 110 Middle 130 1)5 110 High 110 2 Elementary 110 Middle 130 130 110 High 115 115 115 110 3 Elementary 110 Middle 130 130 110 High 115 115 115 110 4 Elementary 115 110 Middle 130 130 110 High 115 115 115 110 5 Elementary 110 Middle 130 130 115 1110 Public School Facilities 12_2 Ordinance 31, 2001 Exhibit A Public School Facilities 12 -3 High 135 135 130 130 110 6 Elementary 110 Middle 130 130 120 110 High 120 120 120 110 8 Elementary 110 Middle 130 130 125 115 110 High 125 125 120 115 110 9 Elementary 110 Middle 125 125 125 115 110 High 120 120 120 110 I(1 Flementary 135 120 110 Middle 125 125 125 125 110 High 120 120 120 110 11 Elementary 135 135 110 Middle 125 125 125 110 High 125 125 125 110 12 Elementary 140 130 120 115 110 Middle 135 135 135 115 110 High 135 135 135 120 110 14 Elementary 125 125 115 110 Middle 135 135 135 115 110 High 135 130 130 115 110 15 Elementary 135 135 115 115 110 Middle 125 125 125 110 High 135 135 135 110 16 Elementary 130 115 110 Middle 120 120 120 115 110 High 135 135 135 120 110 117 Elementary 130 125 110 Middle 135 130 j 130 110 Public School Facilities 12 -3 Ordinance 31, 2001 Exhibit A Source: Based on data depicted in the School District of Palm Beach County FY2001- FY2005 Five Year Plan and FY 2001 Capital Budget, June 2000, and the actual count of students in the second semester of the 2000 -01 school year. Public School Facilities 12 -4 High 145 120 120 110 18 Elementary 120 115 115 115 110 Middle 120 120 120 120 110 High 145 120 120 115 110 19 Elementary 110 Middle 110 High 165 130 130 130 110 20 Elementary 110 Middle 125 110 High 165 130 130 130 110 21 Elementary 115 110 Middle 125 125 125 110 High 125 125 125 115 110 22 Elementary 110 Vliddle 110 High 110 23 Elementary 110 Middle 110 High .110 County wide Alternative 1 Schools 110 �1 Source: Based on data depicted in the School District of Palm Beach County FY2001- FY2005 Five Year Plan and FY 2001 Capital Budget, June 2000, and the actual count of students in the second semester of the 2000 -01 school year. Public School Facilities 12 -4 Ordinance 31, 2001 Exhibit A Table 11B MAXIMUM UTILIZATION TABLE: Standards for Utilization of Capacity CSA Facilitv Type 2000 -01 2001 -02 2002 -03 2003 -04 2004 -05 2005 -06 1 Elementary 165 125 125 120 120 120 Middle 130 125 120 120 120 120 High 120 120 120 120 120 120 2 Elementary 120 120 120 120 120 120 Middle 130 130 120 120 120 120 High 120 120 120 120 120 120 3 Elementary 120 120 120 120 120 120 Middle 130 130 120 120 120 120 High 120 120 120 120 120 120 4 Elementary 155 150 120 120 120 120 Middle 135 135 120 120 120 120 High 135 135 130 130 120 120 5 Elementary 155 150 120 120 120 120 Middle 140 135 120 120 120 120 High 135 135 130 130 120 120 Elementary 155 145 120 120 120 120 Middle 135 135 120 120 120 120 High 120 120 120 120 120 120 8 Elementary 160 160 160 145 120 120 Middle 135 135 135 130 120 120 High 120 120 120 120 120 120 9 Elementary 120 120 120 120 120 120 Middle 135 135 135 130 120 120 High 120 120 120 120 120 120 1110 1 Elementary 205 165 120 120 120 120 Public School Facilities 12 -5 Ordinance 31, 2001 Exhibit A Public School Facilities 12 -6 Middle 135 135 135 135 120 120 High 120 120 120 120 120 120 11 Elementary 245 245 120 120 120 120 Middle 125 125 120 120 120 120 High 125 125 120 120 120 120 1 II 12 Elementary 150 150 125 120 120 120 Middle 145 145 145 125 120 120 13� 135 13� 120 120 120 14 Elementary 140 135 135 130 120 120 Middle 145 145 145 125 120 120 High 165 120 120 120 120 120 15 Elementary 180 180 165 140 120 120 Middle 130 130 125 120 120 120 Hiuh 135 135 135 120 120 120 16 Elementary 200 120 120 120 120 120 Middle 140 125 125 125 120 120 High 135 135 135 120 120 120 17 Elementary 205 205 125 125 120 120 Middle 175 175 175 120 120 120 HiQh 145 120 120 120 120 120 18 Elementary 130 120 120 120 120 120 Middle 130 130 130 130 120 120 High 160 120 120 120 120 120 19 Elementary 120 120 120 120 120 120 Middle 120 120 120 120 120 120 Hieh 170 135 135 135 120 120 20 Elementary 140 140 140 135 120 120 Middle 130 120 120 120 120 120 High 170 145 145 130 120 120 I21 Elementary 165 145 120 120 120 120 I Public School Facilities 12 -6 Ordinance 31, 2001 Exhibit A Source: Based on data depicted in the School District or Palm Beach County FY2001- FY2UU5 Five Year Plan and FY 2001 Capital Budget, June 2000 Policy 11.1.1.5: Concurrency Service Areas (CSA) shall be established on a less than district - wide basis, as depicted on Map S 1.1 and described in the Concurrency Service Area Boundary Descriptions in the Implementation Section of this element. 1. The criteria for Concurrency Service Areas shall be: Palm Beach County is divided into twenty -one CSAs. Each CSA boundary shall be delineated considering the following criteria and shall be consistent with provisions in the Interlocal Agreement: a. School locations, student transporting times, and future land uses in the area. b. Section lines, major traffic -ways, natural barriers and county boundaries. 2. Each CSA shall demonstrate that: a. Adopted level of service standards will be achieved and maintained for each year of the five -year planning period; and b. Utilization of school capacity is maximized to the greatest extent possible, taking into account transportation costs, court approved desegregation plans and other relevant factors. 3. Consistent with s.163.3180(13)(c)2.,F.S., changes to the CSA boundaries shall be made only by amendment to the PSFE and shall be exempt from the limitation on the frequency of plan amendments, Any proposed change to CSA boundaries shall require a demonstration by the School District that the requirements of 2(a) and (b), above, are met. Public School Facilities 12 -7 Middle 155 155 155 120 120 120 High 145 145 145 120 120 20 22 Elementary 120 120 120 120 120 120 Middle 120 120 120 120 120 120 High 120 120 120 120 120 120 23 Elementary 300 120 120 120 120 120 Middle 120 120 120 120 120 120 High 120 120 120 120 120 120 Countv Wide Alternative Schools 120 120 120 120 120 120 Source: Based on data depicted in the School District or Palm Beach County FY2001- FY2UU5 Five Year Plan and FY 2001 Capital Budget, June 2000 Policy 11.1.1.5: Concurrency Service Areas (CSA) shall be established on a less than district - wide basis, as depicted on Map S 1.1 and described in the Concurrency Service Area Boundary Descriptions in the Implementation Section of this element. 1. The criteria for Concurrency Service Areas shall be: Palm Beach County is divided into twenty -one CSAs. Each CSA boundary shall be delineated considering the following criteria and shall be consistent with provisions in the Interlocal Agreement: a. School locations, student transporting times, and future land uses in the area. b. Section lines, major traffic -ways, natural barriers and county boundaries. 2. Each CSA shall demonstrate that: a. Adopted level of service standards will be achieved and maintained for each year of the five -year planning period; and b. Utilization of school capacity is maximized to the greatest extent possible, taking into account transportation costs, court approved desegregation plans and other relevant factors. 3. Consistent with s.163.3180(13)(c)2.,F.S., changes to the CSA boundaries shall be made only by amendment to the PSFE and shall be exempt from the limitation on the frequency of plan amendments, Any proposed change to CSA boundaries shall require a demonstration by the School District that the requirements of 2(a) and (b), above, are met. Public School Facilities 12 -7 Ordinance 31, 2001 Exhibit A Policy 11.1.1.6 : The City of Palm Beach Gardens shall consider as committed and existing the public school capacity which is projected to be in place or under construction_ in the first three years of the School District's most recently adopted Five Year Plan, as reflected in Table 9B (Six Year Capital Improvement Schedule) of the Capital Improvement Element of the City of Palm Beach Gardens' Comprehensive Plan, when analyzing the availability of school capacity and making level of service compliance determinations. Policy 11.1.1.7: The City of Palm Beach Gardens shall amend Table 9B (Six Year Capital Improvement Schedule) of the Capital Improvement Element when committed facility capacity is eliminated, deferred or delayed, to ensure consistency with the School District Five Year Plan. Policy 11.1.1.8: For purposes of urban infill and in recognition of the entitlement density provisions of the City of Palm Beach Gardens' Future Land Use Element, the impact of a home on an existing single family lot of record shall not be subject to school concurrency. Policy 11.1.1.9: The City of Palm Beach Gardens shall suspend or terminate its application of School concurrency upon the occurrence and for the duration of the following conditions: 1. School concurrency shall be suspended in all CSAs upon the occurrence and for the duration of the following conditions: • The occurrence of an "Act of God "; or • The School Board does not adopt an update to its Capital Facilities Plan by September 15th of each year; or • The School District's adopted update to its Capital Facilities Program Plan does not add enough FISH capacity to meet projected growth in demand for permanent student stations at the adopted level of service standard for each CSA and ensures that no school of any type exceeds the maximum utilization standard in any CSA; or • The School District Capital Facilities Plan is determined to be financially infeasible as determined by the State Department of Education, or as defined by the = issuance of a Notice of Intent to Find an Amendment to a Capital Improvement Element not in compliance as not being financially feasible, by the Department of Community Affairs; or by a court action or final administrative action; or • If concurrency is suspended in one -third or more of the CSAs pursuant to Policy 11.1.1.9 below. 2. School Concurrency shall be suspended within a particular CSA upon the occurrence and for the duration for the following conditions: • Where an individual school in a particular CSA is twelve or more months behind the schedule set forth in the School District Capital Facilities Plan, concurrency will be suspended within that CSA and the adjacent CSAs for that type of school; or Public School Facilities 12 -8 Ordinance 31, 2001 Exhibit A • The School District does not maximize utilization of school capacity by allowing a particular CSA or an individual school to exceed the adopted Level of Service (LOS) standard; or • Where the School Board materially amends the first 3 years of the Capital Facilities Plan and that amendment causes the Level of Service to be exceeded for that type of school within a CSA, concurrency will be suspended within that CSA and the adjacent CSAs only for that type of school. 3. _ The County shall maintain records identifying all Concurrence Service Areas in which the School District has notified the County that the application of concurrency_ has been suspended. 4. Once suspended, for any of the above reasons, concurrency shall be reinstated once the Technical Advisory Group (TAG) determines the condition that caused the suspension has been remedied or the Level of Service for that year for the affected CSAs have been achieved. 5. If a Program Evaluation Report, as defined in the Interlocal Agreement, recommends that concurrency be suspended because the program is not working as planned, concurrency may be suspended upon the concurrence of 33% of the PARTIES signatories of the "Palm Beach County Interlocal Agreement with Municipalities of Palm Beach County and the School District of Palm Beach County_ to establish Public School Concurrency ". 6. Upon termination of the Interlocal Agreement the County shall initiate a Comprehensive Plan Amendment to terminate school concurrency. Objective 11.1.2: To allow for Palm Beach County School District to provide for mitigation alternatives which are financially feasible and will achieve and maintain the adopted level of service standard in each year of the five -year planning period. Policy 11.1.2.1: Mitigation shall be allowed for those development proposals that cannot meet adopted level of service standard. Mitigation options shall include options listed below for which the School District assumes the operational responsibility and which will maintain the adopted level of service standards for each year of the five -year planning period. 1. Donation of buildings for use as a primary or alternative learning facility; and /or 2. Renovation of existing buildings for use as public school facilities; or 3. Construction of permanent student stations or core capacity. The site plan for buildings being renovated pursuant to number 2 above, that are fifty years of age or older, shall demonstrate that there are no adverse impacts on sites listed in the National Register of Historic Places or otherwise designated in accordance with appropriate State guidelines as locally significant historic or archaeological resources. Public School Facilities 12 -9 Ordinance 31, 2001 Exhibit A Policy 11.1.2.2: Level of Service (LOS) standards shall be met within the CSA for which a development is proposed, or by using capacity from adjacent CSAs; otherwise mitigation measures shall be required for development order approval. Objective 11.1.3.: To ensure existing deficiencies and future needs are addressed consistent with the adopted level of service standard. Policy 11.1.3.1: The City of Palm Beach Gardens, in coordination with the School District and other local governments, shall annually amend Table 9B of the Capital Improvement Element (School District of Palm Beach County Six -Year Capital Improvement Schedule), to maintain consistency with the School Board's adopted Five Year Plan and to maintain a financially feasible capital improvements program and ensure that level of service standards will continue to be achieved and maintained in each year of the five year planning period. Objective 11.1.4.: To establish a process of coordination and collaboration between the County, local governments, and the School District in the planning and siting of public school facilities in coordination with planned infrastructure and public facilities. Policy 11.1.4.1: The City of Palm Beach Gardens shall coordinate and provide for expedited review of development proposals with the School District during the development review process to ensure integration of public school facilities with surrounding land uses and the compatibility of uses with schools. Policy 11.1.4.2: There shall be no significant environmental conditions and significant historical resources on a proposed site that can not be mitigated or otherwise preclude development of the site for a public educational facility. Policy 11.1.4.3: The proposed site shall be suitable or adaptable for development in accordance with applicable water management standards, and shall not be in conflict with the adopted or officially accepted plans of the South Florida Water Management District, or any applicable Stormwater Utility or Drainage District. Policy 11.1.4.4: The proposed location shall comply with the provisions of the Coastal Management Element of the comprehensive plan, if applicable to the site. Policy 11.1.4.5: The City of Palm Beach Gardens shall encourage the location of schools proximate to urban residential areas by: • Assisting the School District in identifying funding and/or construction opportunities (including developer participation or City capital budget expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and other infrastructure improvements; • Providing for the review for all school sites as indicated in Policy 11.1.4.1 above; and, • Allowing schools as a permitted use within all urban residential land use categories. Public School Facilities 12 -10 Ordinance 31, 2001 Exhibit A Policy 11.1.4.6: The City Palm Beach Gardens shall coordinate with the School District for the collocation of public facilities, such as parks, libraries, and community centers with schools, to the extent possible, as sites for these public facilities and schools are chosen and development plans prepared. Objective 11.1.5.: To establish and maintain a cooperative relationship with the School District and municipalities in coordinating land use planning with development of public school facilities which are proximate to existing or proposed residential areas they will serve and which serve as community focal points. Policy 11.1.5.1: The City of Palm Beach Gardens shall abide by the "Palm Beach County Interlocal Agreement with Municipalities of Palm Beach County and the School District of Palm Beach County establish Public School Concurrency", which was fully executed by the parties involved and recorded with the Clerk of the Circuit Court of Palm Beach County January_ 25, 2001, consistent with ss.163.3177(6)(h)l.and 2. F.S. and 163.3180 F.S. Policy 11.1.5.2: The Technical Advisory Group (TAG) shall be established by the County, participating local governments, and the School District. The five member TAG will be comprised of a Certified Public Accountant, a General Contractor, a Demographer, a Business Person, and a Planner, nominated by their respective associations as indicated in the Interlocal Agreement to establish Public School Concurrency mentioned in Policy 11.1.5.1 above. The Technical Advisory Group shall review and make recommendations including but not limited to the following: 1. The Capital Facilities Plan; 2. The Ten and Twenty Year work programs; 3. Schools that trigger a School Capacity Study; 4. Concurrency Service Areas boundaries; 5. School District Management Reports; and 6. Operation and effectiveness of the Concurrency Program; 7. Program Evaluation Reports. Policy 11.1.5.3: The City of Palm Beach Gardens shall provide the School District with annual information needed to maintain school concurrency, including information required for the School District to establish: l.School siting criteria; 2.Level of service update and maintenance; 3.Joint approval of the public school capital facilities program; 4.Concurrency service area criteria and standards; and 5.School utilization. Public School Facilities 12 -11 Ordinance 31, 2001 Exhibit A Policy 11.1.5.4: The City of Palm Beach Gardens shall coordinate its comprehensive plan and the Future Land Use Map with the School District's long range facilities maps (S 3.1, S 3.2, S 3.3, and S 3.4), to ensure consistency and compatibility with the provisions of this Element. Policy 11.1.5.5: The City of Palm Beach Gardens shall advise the School District of a proposed public school site's consistency with the City of Palm Beach Gardens' Comprehensive Plan and land development regulations, including the availability of necessary public infrastructure to support the development of the site. Policy 11.1.5.6: The City of Palm Beach Gardens shall provide opportunity for the School District to comment on comprehensive plan amendments, rezonings, and other land -use decisions which maybe projected to impact on the public schools facilities plan. Policy 11.1.5.7: The City of Palm Beach Gardens shall coordinate with local governments and the School District on emergency preparedness issues which may include consideration of: 1. Design and /or retrofit of public schools as emergency shelters; 2. Enhancing public awareness of evacuation zones, shelter locations, and evacuation routes; 3. Designation of sites other than public schools as long term shelters, to allow schools to resume normal operations following emergency events. Objective 11.1.6.: To establish a joint process of coordination and collaboration between the City of Palm Beach Gardens, Palm Beach County, and the School District in the planning and decision making on population projections. Policy 11.1.6.1: The City of Palm Beach Gardens provide updated future land use maps to the County for the conversion of the BEBR projections into both existing and new residential units and disaggregate these units throughout incorporated and unincorporated Palm Beach County into each CSA, using BEBR's annual estimates by municipality, persons - per - household figures, historic growth rates and development potential. These projections are shown in Exhibit E of the Interlocal Agreement as "Projected Units Table" which shall be amended annually and provided to the School District. Policy 11.1.6.2: The City of Palm Beach Gardens commits to working with the School District and Palm Beach County to improve this methodology and enhance coordination with the plans of the School District and local governments. Population and student enrollment projections shall be revised annually to ensure that new residential development and redevelopment information provided by the municipalities and the County as well as changing demographic conditions are reflected in the updated projections. The revised projections and the variables utilized in making the projections shall be reviewed by all signatories through the Intergovernmental Plan Amendment Review Committee (IPARC). Projections shall be especially revisited and refined with the results of the 2000 Census. The responsibilities of local governments and the School District on population projections are described in Section VIII -B of the Interlocal Agreement. Public School Facilities 12 -12 Ordinance 31, 2001 Exhibit A U. IMPLEMENTATION SECTION Concurrencv Service Area (CSA) Boundary Description The Palm Beach County School District is divided into twenty one CSAs for school concurrency. The Palm Beach County School CSA boundaries are described in the following pages as bounded by Section lines, major traffic -ways, natural barriers and county boundaries consistent with s.163.3180(13)(c)2.,F.S. Changes to the CSA boundaries shall be made by plan amendment and exempt from the limitation on the frequency of plan amendments. CONCURRENCY SERVICE AREA DESCRIPTIONS DESCRIBED AS BOUNDED BY: #1 NORTH -The Martin / Palm Beach County SOUTH - Donald Ross Rd EAST -The Atlantic Ocean WEST - Florida's Turnpike #2 NORTH -The Martin / Palm Beach County Border SOUTH - Donald Ross Rd and the South Section Line of Sections (using T -R -S) 41- 42 -21, 41- 42 -20, 41- 42 -19, 41- 41 -24, and 41- 41 -23, then Southwest along the centerline of the C -18 canal to the Bee Line Hwy EAST - Florida's Turnpike WEST -Bee Line Hwy #3 NORTH - Donald Ross Rd SOUTH -The South Section Line of Sections (using T -R -S) 42- 43 -10, 42- 43 -09, 42- 43 -08, 42- 43 -07, and 42- 42 -12, East of Military Trl, then South along Military Trl to Northlake Blvd, then West along Northlake Blvd to Florida's Turnpike EAST -The Atlantic Ocean WEST - Florida's Turnpike #4 NORTH -The South Section Line of Sections (using T -R -S) 41- 42 -21, 41- 42 -20, 41- 42 -19, 41- 41 -24, and 41- 41 -23, then Southwest along the C -18 Canal to the Bee Line Hwy, then Northwest along the Bee Line Hwy until the intersection of Bee Line Hwy and the West Section Line of Section 41 -41 -18 SOUTH - Northlake Blvd West to Grapeview Blvd, North along Public School Facilities 12 -13 Ordinance 31, 2001 Exhibit A Grapeview Blvd to the South Section Line of Section (using T -R -S) 42- 41 -08, then West along the South Section Line of Sections 42 -41 -08 and 42 -41 -07 EAST - Florida's Turnpike WEST -The West Section Line of (using T -R -S) 41 -41 -18 South of the Bee Line Hwy, and the West Section Lines of Sections 41- 41 -19, 41- 41 -30, 41- 41 -31, 42- 41 -06, and 42 -41 -07 #5 NORTH -The South Section Line of Sections (using_ T -R -S) 42- 43- 10,42- 43 -09, 42 -43- 08,42- 43 -07, and 42 -42 -12 West to Military Trl SOUTH -The South Section Line of Sections (using T -R -S) 42- 43 -34, 42- 43 -33, 42- 43 -32, 42- 43 -31, and 42 -42 -36 West to Military EAST -The Atlantic Ocean WEST - Military Trl #6 NORTH - Northlake Blvd SOUTH -The South Section Line of Sections (using_ T -R -S) 42 -42 -36 West of Military Trl, 42- 42 -35, 42- 42 -34, 42- 42 -33, 42- 42 -32, and 42 -42 -31 EAST - Military Trl WEST -The West Section Line of Sections (using T -R -S) 42- 42 -18, 42- 42 -19, 42- 42 -30, and 42 -42 -31 #8 NORTH -The South Section Line of Sections (using_ T -R -S) 42- 43 -34, 42- 43 -33, 42- 43 -32, 42- 43 -31, and 42 -42 -36 West to Military Trl SOUTH -The North Line of the South Half of Sections (using TRS) 43- 43 -23, 43- 43 -22, 43- 43 -21, 43- 43 -20, 43- 43 -19, and 43 -42 -24 East of Military Trl EAST -The Atlantic Ocean WEST - Military Trl #9 NORTH -The South Section Line of Sections (using_ T -R -S) 42 -42 -36 (West of Military Trl), 42- 42 -35, 42- 42 -34, 42- 42 -33, 42- 42 -32, and 42 -42 -31 SOUTH -The North Section Line of Sections (using TRS) 43 -42 -24 West of Military Trl, 43- 42 -23, 43- 42 -22, 43- 42 -21, 43- 42 -20, Public School Facilities 12 -14 Ordinance 31, 2001 Exhibit A and 43 -42 -19 EAST - Military Trl WEST -The West Section Line of Sections (using_ T -R -S) 43 -42- 06,43- 42 -07, 43-42-18, and 43 -42 -19 North of the South Line of the North Half #10 NORTH - Northlake Blvd West to Grapeview Blvd, North along Grapeview Blvd, then West along the South Section Line of Sections (using T -R -S) 42- 41 -08, and 42- 41 -07, then South along the West Section Line of 42 -41 -18 until intersecting with the Canal generally delimiting the Northern extent of The Acreage and the Southern extent of the J. W. Corbett preserve, West along the centerline of the Canal through the center of Sections 42- 40 -13, 42- 40 -14, 42- 40 -15, 42- 40 -17, and 42- 40 -18, then North along_ the East Section Line of Section 42 -39 -13 to the North Line of the South Half of Section 42- 39 -13, then West along_ the North Line of the South Half of Section 42 -39 -13 to the West Section Line of Section 42 -39 -13 SOUTH - Southern Blvd West of 441, West to the West Section Line of Section (using T -R -S) 43 -40 -33 EAST -The East Section Line of Sections (using T -R -S) 43- 41 -01, 43- 41 -12, 43- 41 -13, 43- 41 -24, 43- 41 -25, and 43 -41 -36 South to Southern Blvd WEST -The L -8 Canal South of the South Section Line of Section (using T -R -S) 42 -40 -31 and West of the West Section Line of Section 43- 40 -08, the West Section Line of Section 43 -40 -08 South of the L -8 Canal, the West Section Line of Sections 43- 40 -16, 43- 40 -21, 43- 40 -28, and 43 -40 -33 South to Southern Blvd #11 NORTH -The North Line of the South Half of Sections (using TRS) 43- 43 -23, 43- 43 -22, 43- 43 -21, 43- 43 -20, 43- 43 -19, and 43 -42 -24 East of Military Trl SOUTH -The South Section Line of Sections (using_ T -R -S) 44- 43 -02, 44- 43 -03, 44- 43 -04, 44- 43 -05, 44- 43 -06, and 44 -42 -01 East of Military_ Trl EAST -The Atlantic Ocean WEST - Military Trl Public School Facilities 12 -15 Ordinance 31, 2001 Exhibit A #12 NORTH -The North Section Line of Sections (using TRS) 43 -42 -24 West of Military Trl, 43- 42 -23, 43- 42 -22, 43- 42 -21, 43- 42 -20, and 43 -42 -19 SOUTH -The South Section Line of Sections (using_ T -R -S) 44 -42 -01 West of Military Trl, 44- 42 -02, 44- 42 -03, 44-42-04, 44-42-05, and 44 -42 -06 EAST - Military Trl WEST -The West Section Line of Section (using T -R -S) 43 -42 -19 South of the North Line of the South Half, and State Rd 7 #14 NORTH -The South Section Line of Sections (using_ T -R -S) 44 -43- 02,44 -43- 03,44 -43- 04,44- 43 -05, 44- 43 -06, and 44 -42 -01 East of Military Trl SOUTH -The South Section Line of Sections (using_ T -R -S) 44- 43 -26, 44- 43 -27, 44- 43 -28, 44- 43 -29, 44- 43 -30, and 44 -42 -25 East of Military EAST -The Atlantic Ocean WEST - Military Trl #15 NORTH -The South Section Line of Sections (using_ T -R -S) 44 -42 -01 West of Military Trl, 44- 42 -02, 44-42-03, 44-42-04, 44-42-05, and 44 -42 -06 SOUTH -The L -14 Canal EAST - Military Trl WEST -State Rd 7 #16 NORTH - Southern Blvd West of 441, West to the West Section Line of Section (using T -R -S) 43 -40 -33 SOUTH -The South Section Line of Sections (using T -R -S) 44- 41 -25, 44- 41 -26, 44- 41 -27, 44- 41 -28, 44- 41 -29, and 44 -41 -30 East of the L -40 Canal EAST -U.S. Hwy 441 / State Rd 7 WEST -The L -40 Canal and the West Section Line of Section 43 -40 -33 South of Southern Blvd #17 NORTH -The South Section Line of Sections (using T -R -S) 44- 43 -26, 44- 43 -27, 44- 43 -28, 44- 43 -29, 44- 43 -30, 44- 42 -25, 44- 42 -26, and 44 -42 -27 East of Jog Rd SOUTH -The Boynton Canal Public School Facilities 12 -16 Ordinance 31, 2001 Exhibit A EAST -The Atlantic Ocean WEST -Jog Rd #18 NORTH -The L -14 Canal West to the Florida Turnpike, then North along the Turnpike to the South Section Line of Section (using T -R -S) 44- 41 -29, then West along the South Section Line of Sections 44- 42 -30, 44- 41 -25, 44- 41 -26, 44- 41 -27, 44- 41 -28, 44 -41 -29 and 44 -41 -30 East of the L -40 Canal ,,SOUTH -The Boynton Canal ,EAST -Jog Rd WEST -The L -40 Canal #19 NORTH -The Boynton Canal SOUTH -The South Section Line of Sections (using T -R -S) 46- 43 -03, 46 -43- 04,46 -43- 05,46- 43 -06, 46- 42 -01, 46- 42 -02, 46- 42 -03, 46- 42 -04, 46- 42 -05, 46- 42 -06, State Rd 7 South to the South Section Line of Section 46- 41 -01, West along the South Section Line of Section 46 -41 -01 extended to the L -40 Canal EAST -The Atlantic Ocean WEST -The L -40 Canal #20 NORTH -The South Section Line of Sections (using_ T -R -S) 46- 43 -03, 46- 43 -04, 46- 43 -05, 46- 43 -06, 46- 42 -01, 46- 42 -02, 46- 42 -03, 46- 42 -04, 46- 42 -05, 46- 42 -06, State Rd 7 South to the South Section Line of Section 46- 41 -01, West along the South Section Line of Section 46 -41 -01 extended to the L -40 Canal SOUTH -The South Section Line of Sections (using T -R -S) 46- 43 -28, 46- 43 -29, 46- 43 -30, 46- 42 -25, 46- 42 -26, 46- 42 -27, 46- 42 -28, 46- 42 -29, 46- 42 -30, 46- 41 -25, and 46 -42 -26 East of the L -40 Canal, the portion of the line formed by these Section Lines West of I -95 generally approximates the C -15 Canal EAST -The Atlantic Ocean WEST -The L -40 Canal #21 Public School Facilities 12 -17 Ordinance 31, 2001 Exhibit A NORTH -The South Section Line of Sections (using_ T -R -S) 46- 43 -28, 46- 43 -29, 46- 43 -30, 46- 42 -25, 46- 42 -26, 46- 42 -27, 46- 42 -28, 46- 42 -29, 46- 42 -30, 46- 41 -25, and 46 -42 -26 East of the L -40 Canal, the portion of the line formed by these Section Lines West of I -95 generally approximates the C -15 Canal SOUTH -The Palm Beach / Broward County Border EAST -The Atlantic Ocean WEST -The L -40 and L -36 Canals #22 NORTH -The Martin / Palm Beach County Border SOUTH -The Palm Beach / Broward County Border EAST -From the Martin / Palm Beach County Border, the Bee Line Hwy South to the West Section Line (using T -R -S) of 41- 41 -18, the West Section Lines of Sections 41- 41 -18, 41- 41 -19, 41- 41 -30, 41- 41 -31, 42- 41 -06, 42- 41 -07, and 42 -41 -18 until intersecting with the Canal generally delimiting the Northern extent of The Acreage and the Southern extent of the J. W. Corbett preserve, West along the centerline of the Canal through the center of Sections 42- 40 -13, 42- 40 -14, 42- 40 -15, 42- 40 -17, and 42- 40 -18, then North along the East Section Line of Section 42 -39 -13 to the North Line of the South Half of Section 42- 39 -13, then West along_ the North Line of the South Half of Section 42 -39 -13 to the West Section Line of Section 42- 39 -13, then South along The West Section Line of South Half of Section 42- 39 -13, The West Section Line of Sections 42- 39 -24, 42- 39 -25, and 42 -39 -36 North of the L -8 Canal, the L -8 Canal South to the West Section Line of Section 43- 40 -08, then South along The West Section Lines of Sections 43 -40 -08 South of the L -8 Canal, 43- 40 -16, 43- 40 -21, 443- 40 -28, and 43- 40 -33, then South along the L -40 Canal and the L -36 Canal to the Palm Beach / Broward County Border. WEST -The Shoreline of Lake Okeechobee South to the South Section Line of Section (using T -R -S) 41- 37 -22, East along the South Section Line of Sections Public School Facilities 12 -18 Ordinance 31, 2001 Exhibit A 43- 37 -22, and 41- 37 -23, then South along the East Section Line of Sections 41- 37 -26, 41- 37 -35, 42- 37 -02, 42- 37 -11, 42- 37 -14, 42- 37 -23, 42- 37 -26, and 42- 37 -35, then West along the South Section Line of Section 42 -37 -35 to the East Section Line of Section 43- 37 -02, then South along the East Section Line of Sections 43- 37 -02, 43- 37 -11, 43- 37 -14, 43- 37 -23, 43- 37 -26, and 43- 37 -35, then in a Southerly_ direction to the East Section Line of Section 44- 37 -02, then South along the East Section Line of Sections 44- 37 -02, 44- 37 -11, 44- 37 -14, and 44 -37 -23 to the L -16 Canal, then West along the L -16 Canal and the L -21 Canals, also referenced as the Bolles Canal, to the West Section Line of Section 44- 35 -34, then North along the West Section Line of Sections 44- 35 -34, 44- 35 -27, 44- 35 -22, 44- 35 -15, 44- 35 -10, 44- 35 -03, 43- 35 -34, and 43 -35 -27 to the Shoreline of Lake Okeechobee, then Westerly along the Shoreline of Lake Okeechobee to the Palm Beach / Hendry County Border, South along the Palm Beach / Hendry County Border to the Palm Beach / Broward County Border #23 NORTH -The South Section Line of Sections (using T -R -S) 43 -37 -22 East of Lake Okeechobee, and 41 -37 -23 SOUTH -The L -16 and L -21 Canals, also referenced as the Bolles Canal EAST -The East Section Line of Sections (using_ T -R -S) 41- 37 -26, 41- 37 -35, 42- 37 -02, 42- 37 -11, 42- 37 -14, 42- 37 -23, 42- 37 -26, and 42- 37 -35, then West along the South Section Line of Section 42 -37 -35 to the East Section Line of Section 43- 37 -02, then South along the East Section Lines of Sections 43- 37 -02, 43- 37 -11, 43- 37 -14, 43- 37 -23, 43- 37 -26, and 43- 37 -35, then in a Southerly direction to the East Section Line of Section 44- 37 -02, then South along the East Section Line of Sections 44- 37 -02, 44- 37 -11, 44- 37 -14, and Public School Facilities 12 -19 Ordinance 31, 2001 Exhibit A 44 -37 -23 to the L -16 Canal WEST -The West Section Line of Sections (using_ T -R -S) 43 -35 -27 South of the Shoreline of Lake Okeechobee, 43- 35 -34, 44- 35 -03, 44- 35 -10, 44- 35 -15, 44- 35 -22, 44- 35 -27, and 44 -35 -34 South to the L -21 or Bolles Canal Public School Facilities 12 -20 Ordinance 31, 2001 Exhibit A PROPOSED DEFINITIONS TO BE ADDED TO THE PUBLIC SCHOOLS FACILITIES ELEMENT The following definitions have been added to the element to comply with the minimum criteria for the Public School Facilities Element for school concurrency are consistent with Rule 9J- 5.025(1), F.A.C. DEFINITIONS ANCILLARY PLANT - Facilities to support the educational program, such as warehouses, vehicle maintenance, garages, and administrative buildings. CORE FACILITY - Those facilities which include the media center, cafeteria, toilet facilities, and circulation space of an educational plant. DISTRICT SCHOOLS - All District owned regular, elementary, middle, high schools, magnet and special educational facilities. EDUCATIONAL PLANT SURVEY - A study of present educational and ancillary plants and the determination of future needs to provide an appropriate educational program and services for each student. FLORIDA INVENTORY OF SCHOOL HOUSES (FISH) - The report of permanent school capacity. The FISH capacity is the number of students that may be housed in a facility (school) at any given time based on using a percentage of the number of existing satisfactory student stations and a designated size for each program according to s. 235.15, Florida Statutes. In Palm Beach County, permanent capacity does not include the use of relocatable classrooms (portables). PUBLIC SCHOOL CONCURRENCY SERVICE AREA OR " CONCURRENCY SERVICE AREA" - The specific geographic area adopted by local governments, within a school district, in which school concurrency is applied and determined when concurrency is applied on a less than district -wide basis. Public School Facilities 12 -21 Ordinance 31, 2001 Exhibit A MAP SERIES AMENDMENT The following maps have been incorporated into the City's Comprehensive Plan and are part of the Comprehensive Plan Map Series. S 1.1 The Concurrency Service Areas (CSA). S2.1 Existing location of public school facilities by type and existing location of ancillary plants. - School Facility Locations S3.1 Future conditions map depicting the planned and confirmed sites of public school facilities by type and ancillary plants by year for the five -year planning period - Planned Additional Capacity (Confirmed Sites) S3.2 Future conditions map depicting the general location of planned schools facilities without confirmed sites and ancillary plants by year for the five - year planning period - Planned Additional Capacity (Unconfirmed Sites) S 3.3 and S 3.4 Future conditions maps depicting the general location of planned school facilities for the end of the long range planning period based on projected Additional Facility Demand. Public School Facilities 12 -22 le 2 t�t u�1�H J W W U. 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I� I� i. � *flpwll� STATE OF FLORIDA D.ERA•RTIVIENT OF.COMMUN.ITY AFFA- .I.R.S: "Dedicated..to making Florida.a better.place to call home ".. JEB BUSH STEVEN M. SEIBERT Governor Secretary November 1, 2001 The Honorable Joseph R. Russo Mayor, City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens,_Fl. 33410 -4698 Dear Mayor Russo: ^r QG• The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of Palm Beach Gardens (DCA No. 01 -1SQ, which was received on August 23, 2001. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. The Department has reviewed the proposed amendment for consistency with Rule. 9J -5, Florida Administrative Code, Chapter 163, Part 11, Florida Statutes, and the adopted Palm Beach Gardens Comprehensive Plan. The Department raises no objections to the proposed amendment, and this letter serves as the Department's Objections, Recommendations and Comments Report. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J- 11.010, Florida Administrative Code. Upon receipt of this letter, the City /County /Town has 60 days in which to adopt with changes, or determine that the City /County /Town will not adopt the proposed amendment. The process for adoption of local comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes, and Rule 9J- 11.011, Florida Administrative Code. Within ten working days of the date of adoption, the Town must submit the following to the Department: Three copies of the adopted comprehensive plan amendments; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and 2555 SHUMARD OAK BOULEVARD -TALLAHASSEE, FLORIDA 32399 -2100 Phone: (850) 488 - 8466 /Suncom 278 -8466 FAX: (850) 921 - 0781 /Suncom 291 -0781 Internet address: http: / /www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING 8 COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050 -2227 Tallahassee, FL 32399 -2100 Tallahassee, FL 32399 -2100 Tallahassee, FL 32399 -2100 (305) 289 -2402 (850) 488 -2356 (850) 413 -9969 (850) 488 -7956 V Mayor Russo November 1, 2001 Page Two A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. Please be advised that the Florida Legislature amended Section 163.3184(8)(b), F.A.C., requiring the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local_ government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by law to furnish to the Department the names and addresses of the citizens requesting this information. This list is to be submitted at the time of transmittal of the adopted plan or plan amendment. As discussed in our letter sent to you on May 25, 2001, and providing a model sign -in information sheet, please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. For efficiency, we encourage that the information sheet be provided in electronic format. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J- 11.011(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the Treasure Coast Regional Planning Council. Please contact Ken Metcalf, Community Program Administrator, at (850) 487 -4545 if you need additional assistance. Sincerely, l - J'7 I� C Mike McDaniel Growth Management Administrator Bureau of Local Planning MDM/km Enclosures: Review Agency Comments cc: Charles K. Wu, Growth Management Director Terry Hess, Executive Director, Treasure Coast Regional Planning Council ~ 0'/28/2001 10: 40 9546777892 D- (0 R U j((j j L5 ©3 - V L5 U SEP 2 8 2001 RPM Florida Department of Transportati. n PLAN PROCESSING TEAM 3400 WEST COMMERCIAL BOtiI.LVAP.D J]EB BUSH FORT LAUDERDALE, FLORIDA 33309 -3421 THOMAS IC BARRY, JR. GOVERNOR TELEPHONE: (954) 777 -4593; FAX: (954) 777-4197 SECRETARY DIVISION OF PLANNING AND PRODUCTION September 17, 2001 lvlr. Ray Eubanks, Planning Manager Department of Community Affairs Bureau of State Planning 2555 Shumard Oak Boulevard Tallahassee,-k'L 32 ')99 -2100 - _ Dear Mr. Eubanks: SUBJECT: Proposed Comprebensive Plan Amendment ORC Review Local Government: City of Palm Reach Gardens DCA Amendment # 01 -SCI The Department has reviewed the proposed comprehensive plan amendments for tl-,e City of Palm Beach Gardens. Enclosed are objections, reconuxnendations aid comments regarding the proposed amendments. 'Shank you for the opportunity to participate in the review process. If you have any comments or questions about this letter, please contact me at (954) 777 -4490. Sincerely-, iL l � -- Germ- Rellly, P.E. Acting Director Planning & Production GO:ts Enclosure cc: B. Romig, FDOT Central Office R. Wilburn, DCA N. Bungo, FDOT 4 L_ Flymowitz; FDOT 4 File: 4270,03 www.dot.state.ftu8 /"1 PECYCLED PAPER 09/28/2001 10:40 9546777892 DISTRICT 4, DEPARTMENT OF TRANSPORTATION OBJECTIONS, RECOMMENDATIONS & COMMENTS RESPONSIBLE DIVISION/BUREAU: NAME OF LOCAL GOVERNMENT: DATE PLAN RECEIVED FROM LOCAL, GOVERNMENT: DATE MEMORANDUM RECEIVED FROM DCA: REQUIRED RETURN DATE FOR COMMENTS: ELEMENT: Policy 11.1.4.5 (page 12 -1.0) Proposed Public Facilities E.lemerit DCA Amendnieut r 01 -SC 1 -RULE DEFICIENCY": - PAGE 04 Plaiming. Department Cit},. of Palm Beach Gardens 08/22/01 08/30/01 10 /02 /01 COMMENT: The City should include a policy that considers the functional classifications of roadways when identifying suitable school facility locations. This additional policy would provide for increased safety of the students as well as the traveling public in terms of reducing the impact of school traffic on peak hour roadway capacity. REVIEWED BY: RI✓' VIEWED BY: REVIEWED BY: D Terry Scheckwitz, AICP Larry Hymowitz, AICP Nancy Burigo PHONE: 954 - 777 -4490 PHONE: 954- 777 -4490 PHONE: 954 -777 =4490 INTERGOVERNTAL PROGRAM Fax:850-922-5380 Oct 1 '01 15:37 P.01/01 Department of Environmental Protection MaStoneman g Buildin 111, 7 D­� C. jeb Bush 3900 Commonwealth Boulevard David H. Struhs Governor Tallahalssee..'Floridi,32*399-3000 Secretary 'October 1, 2001 OCT Mr. D. Ray Eubanks 2001 Bureau of Local Planning RPM BS -.Wairs PIAN PROC P Department -of Community, ING 2555'Sbumard Oak Boulevard Tallahassee, Florida 3239912100 J: Re: Proposed Amendment to the P.,*Im Beach,Gardens C6naprehensive Plan, DCA 01-SCI Dear Mr. Eubanks: i The Office of Intergovernmental Progranwof -the Depwrtment of Environmental Protection has reviewed the proposed ame4drnent under the proceduTesof Cbapter 163, Part U, Florida Statutes, and Chapters 91-5 and 9J -11l, Flbn"daAA�ninistrative7Co'de, and offers no comments. Please'call-me at (850) 487-2231 if you ]nave any questions regarding our response. Sincerely, A Robert-W. hall Office of Intergovernmental Programs I'More'PioteCtion. LeSS Vr0C0.4jS** Ptiff.eld on rccyekd pope. I DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Office of International Relations Division of Elections Division of Corporations Division of Cultural Affairs Division of Historical Resources Division of Library and Information Services Division of Licensing Division of Administrative Services •, ~COD WE j��• FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF HISTORICAL RESOURCES September 26, 2001 m Mr. Ray Eubanks {C �•1 t' Department of Community Affairs ' Bureau of State Planning 'G 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 MEMBER OF THE FLORIDA CABINET State Board of Education Trustees of the Internal Improvement Trust Fund Administration Commission Florida Land and Water Adjudicatory Commission Siting Board Division of Bond Finance Department of Revenue Department of Law Enforcement Department of Highway Safety and Motor Vehicles Department of Veterans' Affairs G RPM BS ---PLAN PROCESSING TEAM Re: Historic Preservation Review of the City of Palm Beach Gardens (01 -SC1) Comprehensive Plan Amendment Request (Received by DHR on 08/31/01) Dear Mr. Eubanks: According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida Statutes, and Chapter 9J -5, Florida Administrative Code, we have reviewed the above document to decide if data regarding historic resources have been given sufficient consideration in the request to amend the Palm Beach Gardens Comprehensive Plan. We have reviewed proposed text changes regarding pubic school facilities to consider the potential effects of these actions on historic resources. While our cursory review suggests that the proposed changes may have no adverse effects on historic resources, it is the city's responsibility to ensure that the proposed revisions will not have an adverse effect on significant archaeological or historic resources in Palm Beach Gardens. In sum, it is our opinion that the amended comprehensive plan meets (although known and potential historic resources need to be carefully considered in the planning phases of proposed land use changes) the State of Florida's requirements as promulgated in sections 163.3177 and 163.3178, F.S., and Chapter 9J -5, F.A.C., regarding the identification of known historical resources within their specified area of jurisdiction, and for the establishment of policies, goals and-objectives for addressing known and potentially significant historical resources in Palm Beach Gardens. If you have any questions regarding our comments, please feel free to contact Susan M. Harp or Laura Kammerer of the Division's Compliance Review staff at (850) 245 -6333. Sincerely, u Qa� 4- S� Mrtc'\teserva- iof\ r Janet Snyder Matthews, Ph.D., Director Division of Historical Resources smh R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 • http: / /www.flheritage.com O Director's Office O Archaeological Research VHistoric Preservation O Historical Museums (850) 245 -6300 • FAX: 245 -6435 (850) 245 -6444 • FAX: 245-6436 (850) 245 -6333 • FAX: 245 -6437 (850) 245-6400 • FAX: 245 -6433 O Palm Beach Regional Office O St. Augustine Regional Office O Tampa Regional Office (561) 279 -1475 • FAX: 279 -1476 (904) 825 -5045 • FAX: 825 -5044 (813) 272 -3843 • FAX: 272 -2340 SOUTH FLORIDA WATER MANAGEMENT DISTRICT • 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 FL WATS 1 -800- 432 -2045 TDD (561) 697 -2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 • www. d.Vv U '' � 0 GOV 08 -28 OCT 3 2001 RPM BSP October 1, 2001 PLAN PROCESSING TEARf Ray Eubanks, Planning Manager Plan Review and DRI Processing Team ' Department of Community Affairs 2555 Shumard Oak Boulevard �, - — ---- Tallahassee; FL- 32399- 2 -1 -00 — Dear Mr. Eubanks: I Subject: Proposed Amendment Comments City of Palm Beach Gardens, DCA# 01 -SC1 The South Florida Water Management District staff has reviewed the subject document and we have no adverse comments. If you have any questions or require additional information, please call me at (561) 682 -6779. Sincerely, P.K. Sharma, AICP Lead Planner Palm Beach County Service Center PKS /nk c: Michael Busha, TCRPC Charles Wu, P.B. Gardens Roger Wilburn, DCA GOVERNING BOARD Trudi K. Williams, Chair Michael Collins Patrick J. Gleason, Ph.D., P.G. Lennart E. Lindahl, Vice -Chair Hugh M. English Nicolas J. Guti6rrez, Jr., Esq. Pamela Brooks - Thomas Gerardo B. FernAnc az Harkley R. Thornton EXECUTIVE OFFICE Henry Dean, Executive Director F Department of Planning, Zoning & Building 100 Australian Avenue West Palm Beach, FL 33406 (561) 233 -5000 Planning Division 233 -5300 Zoning Division 233 -5200 Building Division 233 -5100 Code Enforcement 233 -5500 contractors Certification 233 -5525 Administration Office 233 -5005 Executive Office 233 -5003 www.pbcgov.com /pzb Palm Beach County Board of County Commissioners Warren H. Newell. Chairman Carol A. Roberts. Vice Chair Karen T. Marcus Mary McCarty Burt Aaronson Tony Masilotti Addie L. Greene County Administrator Robert Weisman An Equal Opportunity Affirmative Action Employer' printed on recycled paper fo Monday, August 06, 2001 Charles K. Wu, AICP Growth Management Director City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33402 Re.: Review of Palm Beach Gardens' Comprehensive Plan Amendments for School Concurrency Dear Mr. Wu: This letter is to confirm that County staff has provided a courtesy review of the City's Comprehensive Plan amendments for School Concurrency and that our staffs met to discuss the draft documents. As you may recall, the local governments participating in School Concurrency informally agreed to use Palm Beach County's adopted amendments as a "model" for the preparation of the municipal amendments. This informal agreement is for the purpose of facilitating the State's expedited review of local government amendments to establish School Concurrency in Palm Beach County. Palm Beach Gardens' School Concurrency amendments and supporting data and analyses appear to be based on the County's model and appear to contain all the components addressing the State requirements for School Concurrency and the concerns of interested parties. The City's amendment language was slightly adjusted to conform to the local circumstances. Sincere' , Isaac Ho County Scho Concurrency Coordinator CC.: Honorable Karen T_ Marcus, Palm Beach County Commissioner Barbara Alterman, Executive Director, County Planning, Zoning & Buildink Frank Duke, AICP, Palm Beach County Planning Director C,dv Of P.B.G. �• Steve Cramer, Principal Planner, Palm Beach Gardens Talal Benothman, Senior Planner, Palm Beach Gardens ADS 9 2001 PLANNING ' ZONING PUBLIC SCHOOL CONCURRENCY Appendix D JURISDICTIONS REQUIRED TO PARTICIPATE IN SCHOOL CONCURRENCY (1) 1. City of Atlantis 14. Town of Lantana 2. City of Belle Glade 15. Village of North Palm Beach 3. City of Boca Raton 16. City of Pahokee 4. City Boynton Beach 17. Town of Palm Beach 5. City of Delray Beach 18. City of Palm Beach Gardens 6. City of Greenacres 19. Town of Palm Beach Shores 7. Town of Haverhill 20. Village of Palm Springs 8. Town of Hypoluxo 21. City of Riviera Beach 9. Town of Juno Beach 22. Village of Royal Palm Beach 10. Town of Jupiter 23. City of South Bay 11. Town of Lake Clarke Shores 24. Village of Tequesta 12. Town of Lake Park 25. Village of Wellington 13. City of Lake Worth 26. City of West Palm Beach (1) s. 163.3180(12)(f) indicates the conditions upon which a municipality is exempt from participating in the Interlocal Agreement for School Concurrency. Based on these criteria, municipalities not listed above are exempt from participating in school concurrency. The rule reads as follows: "(f) Intergovemmental coordination.— 1. When establishing concurrency requirements for public schools, a local government shall satisfy the requirements for intergovernmental coordination set forth in s. 163.3177(6)(h)l . and 2., except that a municipality is not required to be a signatory to the interlocal agreement required by s. 163.3177(6)(h)2. as a prerequisite for imposition of school concurrency, and as a non signatory, shall not participate in the adopted local school concurrency system, if the municipality meets all of the followinq criteria for having no significant impact on school attendance: a. The municipality has issued development orders for fewer than 50 residential dwelling units during the preceding 5 years, or the municipality has generated fewer than 25 additional public school students during the preceding 5 years. b. The municipality has not annexed new land during the preceding 5 years in land use categories which permit residential uses that will affect school attendance rates. c. The municipality has no public schools located within its boundaries. d. At least 80 percent of the developable land within the boundaries of the municipality has been built upon." CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 11 /26/01 Meeting Date: 12/06/01 Subject/Agenda Item PGA Flyover Improvements Recommendation /Motion: Consider a motion to approve Resolution 162, 2001 — Notice of Intent to Collect Non -Ad Valorem Assessments Reviewed by: Originating Dept.: Costs: $ 0 Council Action: (Total) City Attorne Finance [ ] Approved $ 0 [ ] Approved w/ Finance Av Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other Date: [ ] Operating Attachments: Paper: [ ] Not Required [ ] Other Memorandum Submitted by: Allan Owens Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: ity M ager [ X ] Not required BACKGROUND: See attached memoranda. RESOLUTION 162, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA; ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE CITY, STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council (the "City Council") of Palm Beach Gardens, Florida (the "City) has enacted the imposition of special assessments for the provision of the PGA Flyover Assessment Area; and WHEREAS, the City intends to use the uniform method for collecting non -ad valorem special assessment for the PGA Flyover Assessment Area within the incorporated areas of the City as authorized by section 197.3632, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing in November, 2002, in the same manner as provided for ad valorem taxes; and WHEREAS, the City held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A; NOW, THEREFORE BE IT RESOLVED by the City Council of Palm Beach Gardens, Florida, as follows: 1. Commencing with the Fiscal Year beginning on October 1, 2002, and with the tax statement mailed for such Fiscal Year, the City intends to use the uniform method of collecting non- ad valorem assessments authorized in section 19'/.3632, Florida Statutes, as amended, for collecting non -ad valorem assessments for the PGA Flyover Assessment Area. Such non -ad valorem assessments shall be levied within the incorporated area of the City. A legal description of such area subject to the assessment is attached hereto as Exhibit B and incorporated by reference. 2. The City hereby determines that the levy of the assessments is needed to fund the PGA Flyover Assessment Area within the incorporated area of the City 3. Upon adoption, the City Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Palm Beach County Tax Collector, and the Palm Beach County Property Appraiser by January 10, 2002 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED this 6th day of December, 2001. UILE_SWFINADMINTINANCE DIRECTOMWORD DOCUMENTS\RESOUfTION PGA ASSESSMENT.DOC ATTEST: CAROL GOLD, CMC CITY CLERK VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY WATTERSON, HYLAND & KLETT, P.A. CITY ATTORNEY NAY ABSENT \\FILE_SRV\FINADMIWINANCE DIRECTOR \WORD DOCUMENTS\RESOLITION PGA ASSESSMENT.DOC APPENDIX B PGA FLYOVER ASSESSMENT AREA LEGAL DESCRIPTION Certain parcels residing in the Section- Township -Ranges of 001- 42 -42, 005- 42 -43, and 006- 42 -43, with a western boundary of the I -95 corridor and an eastern boundary of the Intercoastal Waterway. Im CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ron Ferris, City Manager DATE: November 26, 2001 FROM: Allan Owens, Finance Director AD SUBJECT: Resolution 162, 2001 — Assessment Resolution BACKGROUND The City of Palm Beach Gardens hired Government Services Group (GSG) and Nabors, Giblin & Nickerson at the May 18, 2000 Regular City Council Meeting to devise a plan that provided for an appropriate public /private partnership for funding the PGA Flyover enhancements that will benefit both the businesses in the area and the City. The City of Palm Beach Gardens issued debt to fund these improvements, paying our share of the cost directly to the Florida Department of Transportation. The consultants recommended and the Council agreed to move forward with a Special Assessment Area overlayed with a Tax Increment Financing District. Ordinance 27, 2000 provided the City with the authority to levy a special assessment. Resolution 86, 2000 specified, among other things, the area to be included in the assessment as well as how the assessment will be distributed. After passage of Resolution 86, 2000, a final assessment resolution was prepared for the December 7, 2000 Council Meeting, which was Resolution 113, 2000. This Resolution approved the intent to levy non -ad valorem assessments for stormwater facilities for the fiscal year beginning October 1, 2001, and the PGA Flyover construction costs for the fiscal year beginning October 1, 2002. Subsequent to the approval of this Resolution, the City decided to forego the levy of stormwater assessments for the fiscal year beginning October 1, 2001. DISCUSSION Resolution 162, 2001 complies with Section 197.3632, Florida Statutes, which requires that the City hold a public hearing and adopt a resolution of intent to use the uniform method of collection for an assessment program in the calendar year prior to any such collection. This Resolution, which does not obligate the City to use the method or impose a special assessment, must be adopted by January 1, 2002, and sent to the Palm Beach County Tax Collector, Property Appraiser, and the Florida Department of Revenue by January 10, 2002. Section 197.3632 also required the City to publish notice of the public hearing to adopt this resolution of intent for four consecutive weeks immediately before the date of the hearing. A status report from GSG of the assessment project and overview of the pending Notice of Intent Resolution is also attached to this memo for further explanation. RECOMMENDATION Staff recommends the approval of Resolution 162, 2001, which simply reserves our right to implement the tax bill collection method beginning November of 2002, should we elect to do so. TO: Allan Owens, Financial Director City of Palm Beach Gardens, Florida DATE: November 26, 2001 FROM: Laura McKinley, Government Services Group, Inc. (GSG) CC: Nabors, Giblin and Nickerson, P.A. (NG &N) RE: City of Palm Beach Gardens (the "City ") Flyover Project Assessments Program- STATUS REPORT This summary memorandum has been prepared to provide you with the following information: I. The status of the Palm Beach Gardens Flyover Assessment Project II. An overview of the pending Notice of Intent Resolution Status of the Palm Beach Gardens Flyover Assessment Project SUMMARY REVIEW OF ASSESSMENT PROJECT • The PGA Flyover Assessment Area was created to construct enhancements to the A1A/PGA Boulevard flyover. • The PGA Flyover enhancements include (but are not limited to) decorative pylons, streetlights and railings, bridge fagade, planter walls, a fountain and additional landscaping and irrigation improvements. • The assessments for each parcel of property are based on the taxable value of the parcel. • Only parcels classified as commercial property will be included in the assessment area. • Each year the City will calculate a credit equal to 50% of the annual growth in the surrounding area (the "Increment Area "). For purposes of determining the Adjusted Tax Increment, the aggregate taxable value for the Base Year will be increased annually by the value of improvements appearing on the ad valorem tax roll for the first time in years subsequent to the Base Year. • The Base or Initial Year is the calendar year commencing January 1, 2001 (the year in which construction of the PGA Flyover enhancements commenced). • The City will apply this credit first to government property located in the reduce the assessment payable by assessment area. pay the assessment attributable to assessment area and second to commercial property located in the • The City issued bonds to finance the capital costs of this assessment project. The term for the repayment of assessments is the same as the term of the project bonds, which is 20 years. • The City expects to collect approximately $322,000 per year. • The City intends to include the annual assessments on the ad valorem tax bills, commencing with the tax bill to be mailed in November 2002. Assuming property values in the Increment Area increase at their historical rates, the City estimates that application of the annual growth credit from the Increment Area, as previously described, would reduce the annual assessment against property in the PGA Flyover Assessment Area each year and could eliminate the assessment in less than Five (5) years. (Please note that the average increase in aggregate taxable value within the City over the past several years has been approximately 5% per annum, of which two- thirds is attributable to improvements appearing on the ad valorem tax roll for the first time). However, this is only an estimate based on historical property appreciation rates. There is NO assurance that historical property rates will be realized in the future. Accordingly, there can be no assurance that the assessment will not be imposed for the full amount over the entire twenty (20) year period. Overview of pending Notice of Intent Resolution • This is a non - binding resolution that reserves the City's option to collect special assessments on the ad valorem tax bills for affected properties beginning with the bills to be mailed around November 1, 2002. • If the City wishes to preserve this option, Section 197.3632, Florida Statutes requires the City to adopt this resolution at a public hearing notice of which has been advertised for four consecutive weeks. • If the City decides to adopt the resolution it must be done prior to January 1, 2002. The resolution must then be submitted to the County Property Appraiser's Office, the County Tax Collector's Office, and the State Department of Revenue before January 10, 2002. • The actual assessments have already been imposed. The project resolutions and the public hearing required to discuss the project and the proposed assessments were completed in November 2000. PJ City of Palm Beach Gardens, Florida PGA Flyover Assessment Project Project Timeline As of November 26, 2001 November 2, 2000: City Council adopted the PGA Flyover Assessment Area Initial Assessment Resolution. November 17, 2000: Notices were sent by U.S. mail to each property owner of record within the Assessment Area to notify them of the pending assessment and the pending public hearing to adopt the Final Assessment Resolution. December 7, 2000: City Council held the public hearing to adopt the PGA Flyover Assessment Area Final Assessment Resolution. January 1, 2001: The Base or Initial Year for Tax Increment Credit calculations commences. The property values for the assessment calculations are based on information obtained from the County Property Appraiser's records for this calendar year. December 6, 2001: City Council will consider adoption of Notice of Intent Resolution. Adoption of the Resolution will signal to GSG and NG &N that analyses of Base Year property value information and assessment calculations for the ad valorem tax bill to-be mailed around November 1, 2002 should proceed. 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: December 6, 2001 Date Prepared: November 28, 2001 SUBJECT /AGENDA ITEM Petition PUD -01 -03 Christ Fellowship PUD Amendment. Workshop /First Reading, Ordinance 44, 2001: Joe Ryan of Christ Fellowship Church is requesting a PUD amendment to allow for the elimination of and amendments to certain conditions of approval regarding operational procedures and activities on site. Christ Fellowship Church Planned Unit Development (a.k.a. North Campus) is located on the north side of Northlake Boulevard, approximately one and one -half mile west of Military Trail (14- 42S -42E). RECOMMENDATION Staff recommends approval of Ordinance 44, 2001 with conditions of approval. Reviewed by: Originating Dept.: FINANCE: NA P & Z Commission Growth Management: Action: Principal Planner N_& Costs: $ [ ] Approved City Attorney Project Total [ ] App. w/ conditions Manage [ ] Denied Finance NA Edward Tr' $ [ ] Rec. approval AICP Current FY [X] Rec. app. w/ conds. Human Res. NA [ ] Rec. Denial Funding Source: [ ] Continued to: Submitted by: Advertised: Attachments: Growth Manag� �!r Not Required [ ] Operating • Ord. 44, 2001 � [ X ] • 5/23/01 Applicant irecto ✓J `t Other N/A Response Letter v Charles K. Wu, AICP • 2/9/01 Applicant Ltr. • 2/22/01 City Aty. Ltr. Approved by: City Manag Budget Acct. #: • Ordinances and Resolutions Affected parties: [ ] Notified N/A proposed for amendment • Aerial Photos • Site /Landscape Plan • Traffic Operation Procedures Plans • Proposed Floor Plans [ ] None City Council Meeting Date: December 6, 2001 Date Prepared: November 28, 2001 Petition PUD -01 -03 BACKGROUND The Christ Fellowship PUD was originally approved by Ordinance 20, 1997 and provided for an 85,200 square foot religious facility, including a sanctuary and two activities buildings. Subsequent amendments to this approval have included four administrative amendments and an amending ordinance (Ord. 23, 1999) approved by the City Council. These amendments allowed for minor architectural and site plan changes to the site. Although the code requirement at the time of original approval was for a Conditional Use, the original development order for the North Campus was approved as a Planned Unit Development Overlay Zoning with underlying zoning of Residential RL -3. The vacant land prior to the re- zoning was designated Planned Development Area (PDA). At the time, code required that all lands with a PDA designation re -zone to either PUD or PCD. Subsequently, the use was zoned PUD, with underlying zoning of Residential RL -3. The PUD re- zoning was considered a sufficiently legal equivalent to a Conditional Use. The applicant was granted no waivers as part of the original PUD approval process. The project, as developed, met all code requirements at the time. In addition to the conditions for the North Campus approval, the South Campus approval and subsequent amendments have included several conditions which have led to restrictions on the North Campus site. The South Campus was originally approved as a conditional use for a 300 seat sanctuary and day -care facility by Ordinance 30, 1990, and was subsequently amended by Resolution 31, 1991, Resolution 4, 1997, Ordinance 34, 1999, Resolution 86, 1999, and Resolution 5, 2000. Subsequent amendments have allowed for an expansion of the use, including additional modular units, parking, landscaping, and drainage facilities, as well as additional seating within the sanctuary. The South Campus is not part of this PUD amendment application. Staff has contacted Debbie Andrea, Citizen Services Specialist for the City, who reported that there have been no complaints from the general public regarding the operations or activities associated with the church. Planning and Zoning staff has also contacted Kelvin Wise of the Code Enforcement Division, and has confirmed that the church currently has no outstanding fines or liens on the property. A communication from Ms. Joan Atwater dated June 7, 2001, outlining several complaints about the Church have since been addressed. The conditions placed on the original development approval and subsequent amendments were generated by neighborhood concern that the use was too intense for the residential character of the neighborhood. The limits placed on the operations of the church were expressly intended to preserve the residential character of the surrounding community. The applicant accepted all conditions at the time of the original approval and subsequent 2 City Council Meeting Date: December 6, 2001 Date Prepared: November 28, 2001 Petition PUD -01 -03 amendments. The proposed elimination of some or all of the conditions of approval, which were intended to limit the intensity of use, initially raised concerns with staff. Staff is now proposing new conditions of approval that mitigate the potential consequences of deleting and amending existing conditions. LAND USE & ZONING The subject site is zoned Residential Low - 3 (RL -3) with a Planned Unit Development (PUD) overlay and has a future land -use designation of Residential Low (RL). At the time of the original approval of the PUD, the zoning code permitted churches as conditional uses (or PUDs in lieu of) in all residential zoning districts. The zoning code has since been revised to restrict churches with sanctuary seating in excess of 1,000 seats to industrial and commercial zoning districts only. CONCURRENCY The traffic concurrency analysis for the site (daily trip generation rates) was based on total square footage approved on site: 85,200 square feet proposed for 2,500 -seat sanctuary as part of the traffic impact analysis. During the initial approval of the north campus site, the applicant agreed to reduce the total number of fixed seats to 1,750 seats. PROJECT DETAILS Site Access The site has two access points onto Northlake Boulevard, with the main entrance located at a median cut. The easterly entrance is a right -in, right -out only, with no median cut at this location. There is no other access to the site, including none from Hunt Club Drive. The original development order required that the applicant obtain assistance from the City Police Department for traffic control when services were commencing and ending. The condition further stipulated that traffic movement on Northlake Boulevard could not be held for more than 90 seconds when traffic was leaving and entering the site. Amendments to the Conditions of Approval The applicant has proposed several amendments to or deletions of conditions of approval affecting operational procedures and activities on the North Campus included within both Resolutions and Ordinances. The following is a summary of the applicant's proposals in lieu of the existing conditions of approval and staff's analysis of the proposals: 3 City Council Meeting Date: December 6, 2001 Date Prepared: November 28, 2001 Petition PUD -01 -03 Resolution 5, 2000, Condition 1: Shuttle Bus "Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any other type of transportation service between the north and south campuses shall cease." Applicant's Request It is the applicant's intent to eliminate this condition so that they may resume shuttle service between the north and south campuses. The applicant has cited increased safety as the main reason to resume service, by providing worshipers a safer alternative to walking across six -lane Northlake Boulevard. Staff's Initial Analysis Staff requested that the applicant provide the City with a description of the number and size of the vehicles to be used, as well as the operating schedule and route which the shuttle service would follow. Applicant's Response The applicant has submitted information on the shuttle vehicles and times of operation (see attached), and has indicated that the church owns two late model 25 and 30 passenger vehicles. The applicant has submitted an operational plan indicating the shuttle bus route between bus campuses. Staff Recommendation It is staff's professional opinion that the applicant is providing for safe transport of church members between two sites that comply with all applicable.zoning codes. In orderto further the safe transport of Church members between campuses across Northlake Boulevard, which has limited pedestrian facilities, staff recommends the elimination of Resolution 5, 2000, Condition 1. Resolution 5, 2000 amended the site plan for the "Christ Fellowship South Campus': This is a separate zoning district and must therefore be amended by separate action by the City Council. Staff recommends amending Resolution 5, 2000 with a separate resolution to delete this condition. Ordinance 20, 1997, Condition 7: Special Events Limited to Six Per Year. The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including 4 City Council Meeting Date: December 6, 2001 Date Prepared: November 28, 2001 Petition PUD -01-03 services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall not be leased, rented or in any way be made available for use as an auditorium, theater or similar gathering place for non - member events of any kind. Regularly scheduled services shall be defined as services occurring on Saturday evening, Sunday morning, and a mid -week evening." Applicant's Request The applicant requested that this condition be eliminated. Staff's Initial Analysis Staff conferred with the City's Traffic Engineering Consultant, who has confirmed that the traffic impact permitted is based on the total square footage of religious use proposed, as defined by the Institute Traffic Engineering (ITE) Manual. Any activities occurring on this site that are not consistent with the ITE's definition of religious use is a violation of the applicant's traffic concurrency, and is therefore inconsistent with the approval. Staff recommended that the applicant submit a detailed schedule of events, which occur on a regular basis, as well as special events such as concerts, etc. Applicant's Response The applicant submitted a written narrative that outlines the regularly scheduled services (see attached "Exhibit A "). Staff's Recommendation Given that the applicant has approval for 82,500 square feet of religious square footage, the emphasis of any restriction should be placed on non - religious events. Non - member, non - religious events should be prohibited as a violation of the site's zoning. Staff recommends the following condition be revised accordingly: The church sanctuary and related facilities shall not be leased, rented or in anyway made available to third parties or entities for use as an auditorium, theater or similar gathering place. Such facilities shall only be used by the Church and its members for purposes directly related and appurtenant to the Church's function, such as regular and holiday prayer services, weddings and funerals, and for events sponsored by the Church in furtherance of its ministry, such as special prayer services, religious gatherings and speakers and youth programs. 5 City Council Meeting Date: December 6, 2001 Date Prepared: November 28, 2001 Petition PUD -01-03 Ordinance 20, 1997, Condition 9 "The owner or successor shall not utilize a loudspeaker, sound amplifier, radio, phonograph, of similar sound amplifying device to emit any form of sound outside the church sanctuary and related facilities." Applicant's Request The applicant requested that this condition be eliminated. Staff's Initial Analysis Staff recommended to the applicant that it provide detailed information on the location and type of outdoor events that would utilize sound amplification devices. Staff also notified the applicant of the City's sound level requirements, which are enforced by the Code Enforcement Division. Applicant's Response The applicant submitted information indicating that the church would like to utilize sound systems forwedding ceremonies, which would occurwithin the courtyard area between the sanctuary building and buildings A and B. Staff's Recommendation Staff recommends the following condition of approval to address concerns regarding outdoor amplification: All audible noises on site shall not exceed applicable noise and decibel level requirements set forth in the Code of Ordinances. Violation of this condition is subject to Code Enforcement Procedures. Ordinance 20, 1997, Condition 12 "The number of fixed and /or moveable seats within the sanctuary shall at no time exceed 1,750 seats." Applicant's Request The applicant requested that this language be eliminated in its entirety. The applicant has indicated that the restriction on number of seats within the sanctuary has not limited the capacity of the sanctuary. Many attendees are purported to stand during services. The applicant wishes to be able to allow the existing attendees to sit by utilizing open areas within the sanctuary for additional seating. 6 City Council Meeting Date: December 6, 2001 Date Prepared: November 28, 2001 Petition PUD -01 -03 Staff's Initial Analysis Staff requested that the applicant provide for a floor plan indicating the location of the additional seating within the sanctuary. Staff has confirmed with the City's Traffic Consultant that the traffic concurrency granted for the church was based on square footage, not number of seats. Therefore, the addition of seats without an expansion of the square footage of the facility would not violate the applicant's concurrency certification. However, the applicant must also meet on -site parking requirements for the number of seats. Based on current code requirements (Section 78 -345 of the City's Land Development Regulations), the applicant must provide one space per three seats plus one space per 250 square feet of office space plus required parking for additional uses. Staff considers buildings A and B to be "Cultural, Recreational and Entertainment, General" as defined by the LDR Section 78 -345, which requires one space per 200 square feet. Buildings A and B equal a total of 29,511 square feet, which requires a total of 148 spaces. The applicant has provided 904 spaces on site, which leaves 756 spaces for sanctuary seating and administrative offices. Assuming no administrative offices on site, the applicant may be allowed 2,268 seats maximum. Any parking for on -site administrative offices must be deducted from this maximum allowed at a ratio of 1 space per 200 square feet. Applicant's Response The applicant provided staff with a floor plan indicating the location of additional seats. The applicant has indicated the desire to add 667 moveable seats within the sanctuary for a total of 2,417 seats. This number would not be permitted by code as it would require more parking than exists on -site. Both the Fire Department and Building Division have indicated no concerns at this time regarding the addition of seats, and have indicated that any additional seating must meet all fire, building and safety codes. The applicant has revised the site plan parking data table to indicate the square footages of various uses within the three buildings on the north campus. The applicant has indicated that they meet parking requirements on site with the proposed number of 2,417 seats seats within the sanctuary. The applicant has submitted a detailed seating plan indicating the location of additional moveable and /or fixed seats. Both the Building Division and the Fire Department have reviewed the seating plan and have indicated that the applicant has provided adequate aisle widths and meets ADA compliance requirements. Staff Recommendation It is staffs professional opinion that, based on the revised documents, parking provided on site can support the currently approved square footage of uses. Also, staff can support the 7 City Council Meeting Date: December 6, 2001 Date Prepared: November 28, 2001 Petition PUD -01-03 addition of seating within the sanctuary, based on the proposed seating plan that has been submitted and reviewed by City staff. Staff recommends the elimination of the condition requiring a maximum of 1,750 fixed and /or moveable seats, and allowance for a number of fixed and /or moveable seats within the requirements of the concurrency approval and the Land Development Regulations. Ordinance 23, 1999, Condition 2 "Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary." Applicant's Request The applicant requested that this language be eliminated in its entirety. Staff's Initial Analysis Staff requested additional information as to what type of activities take place within these buildings and the applicant responded that these buildings are used for "religious classes and activities ". Staff utilized the definition of "Cultural, Recreational and Entertainment, General" for parking requirements, as defined in Section 78 -345 of the LDRs. However, supplemental seating may be permitted within these buildings if the applicant can demonstrate that the overall seating (moveable and fixed) on -site is in compliance with Section 78 -345 of the LDRs. Applicant's Response The applicant indicated that no additional seating is utilized within these buildings for sermon overflow, and that these buildings are utilized for religious classes and activities only. The applicant has submitted a detailed site data table more clearly indicating the uses within Buildings A and B. Staff's Recommendation The applicant has indicated that Buildings A and B are not used for overflow seating. Given the additional seating that may be permitted within the sanctuary building as part of this petition approval, staff does not recommend deletion of this condition. Ordinance 23, 1999, Condition 3 and Ordinance 34, 1999, Condition 2 "Simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any remote location, on -site or off -site, shall be prohibited." 8 City Council Meeting Date: December 6, 2001 Date Prepared: November 28, 2001 Petition PUD -01 -03 Applicant's Request The applicant requested that this language be eliminated in its entirety. Staff's Initial Analysis Staff requested that the applicant expand further upon the traffic operation procedures at the Northlake Boulevard entrances to the north and south campuses during the beginning and end of services. Staff has reviewed the original traffic operation procedures, date stamped March 11, 1997 and notes that the study does not address the operation of utilizing both sites simultaneously for services and /or activities. The traffic operational procedures must adequately address the possibility of both sites (north and south campus) exiting and entering onto Northlake Boulevard simultaneously, should the language be deleted. Applicant's Response The applicant submitted previous traffic analysis and operational procedures for staff review as part of the initial PUD approval process (attached). The Police Department has reported no problems related to traffic operations at the site after one full year of operation, and shall present a memorandum stating such prior to scheduling for City Council review. Staff's Recommendation Staff found no evidence of traffic control problems at the entrances to both the North and the South Campus. Both sites have received approval from the City for religious use with certain square footage and sanctuary seating. The applicant has also provided staff with a traffic operations site plan, indicating how traffic is controlled from both campuses. It is staffs professional opinion that activities occurring on both sites simultaneously do not pose a significant hazard. The condition, as approved, may not have a rational nexus to the safety, health and welfare of the City, and is not imposed on any other religious institutions within the City. Therefore, staff recommends deletion of this condition. Ordinance 34, 1999 amended the conditional use of the "Christ Fellowship South Campus': This is a separate zoning district and can only be amended by a separate ordinance. Staff recommends amending Ordinance 34, 1999 by separate ordinance to delete the condition. SUMMARY OF ISSUES FOR PLANNING AND COMMISSION CONSIDERATION • Operational procedures for shuttle bus service. RESOLVED. The applicant has submitted sufficient information to ensure that this provides a safe alternative to pedestrians crossing Northlake Boulevard. • Religious versus non - religious uses as defined by the concurrency approval. 9 City Council Meeting Date: December 6, 2001 Date Prepared: November 28, 2001 Petition PUD -01 -03 RESOLVED. The applicant is permitted to carry out events on site affiliated only with their religious use. • The requirements of Section 78 -345: Number of parking spaces required as it pertains to the uses provided on site. RESOLVED. The applicant has submitted a master site plan with a revised parking data table indicating uses within the Sanctuary Building and Buildings A and B. Traffic Operational Procedures, including timing, number of days per week, responsibility of traffic direction, etc. RESOLVED. The applicant has submitted sufficient data to document safe Traffic Operation Procedures. RECOMMENDATION Staff recommends the following amendments to the conditions of approval for PUD -01 -03 Christ Fellowship North Campus PUD amendment: (1) The church sanctuary and related facilities and surmundinn nrv:.,n4o stink he i,sed J by rr+omyorM only }nr ron L�riv �nhorJ„lor: c oniiroc innli .A;nn coniinoo nn thrin +m .,y ..., .y ..,..a,ya..aa..y ...,...,....,...,.. �.,. ..,.,.,, ...a,.ua....y .,.,....,.,., .,,, ..,, a,.a.,.aa.. Dan" Mnrl C:n .fe r rlw onA fnr nn mnro thou n;%f /F:1 orlrli}innol onion }� nor nolrnnrlo. y aw vay. nay, w. v. ...v.v ..aa.. vas w/ aavaa.a.v..aa. v. v.. V. vaa.v v. yea-r shall not be leased, rented or in any way made available to third parties or entities for use as an auditorium, theater or similar gathering place_ fcr o�1 ^mte of ona. Wnri Do i Iorly enhorl..lerl c•oniino� cahull ho rl ofinari Me ooniinna v v aa..y .­.- ^n CM}air,4n% ^%nnn;mri C.Nn4n%, mnrninrr Merl o miri �..voL v� ;ng. Such lul facilities shall only be used by the Church and is members for purposes directly related and appurtenant to the Church's function, such as regular and holiday prayer services, weddings and funerals, and for events sponsored by the Church in furtherance of its ministry, such as special prayer services, religious gatherings and speakers and youth programs. (2) The number of fixed and /or moveable seats within the sanctuary shall at no eXGee d 1, not exceed 2,417 seats at any given time, in accordance with the required parking provided on site. Staff recommends the following additional conditions of approval: (3) All audible noises on site shall not exceed applicable noise and decibel level requirements set forth in the Code of Ordinances. Violation to this condition is subject to Code Enforcement procedures. (4) All other conditions of approval for the Christ Fellowship Church North Campus PUD approval and subsequent amendments shall remain in effect. 10 City Council Meeting Date: December 6, 2001 Date Prepared: November 28, 2001 Petition PUD -01 -03 Staff recommends that the following conditions of approval previously approved as part of the Christ Fellowship North Campus PUD be deleted: Thn n��mer nr �� �n^,nssor c knll nn+ +ili�o o Ini iAnr%ooLnr c r%i inrl �r mlifior r�rlin nhnnnnr�nh .eI v. vaa vvvvvv. v� gun wa aw anew ------ vaw�av�, vva.� �u awe �Nn�w� awaww N�.v� w.J. uN� y of inri rinvin,n +n nmi+ nnv form of cent inrl ni i +oirin +ho r.hi irnIn c nnn +t i�ni v� v���n�aw� vvaw��aw aw���Nn��n�., awv �.vv w v��na aw��y �v��n v� vvaw��aw vaw w�awv aiw ONI -waawa 1 andand rnl� +nrJ f�nili +inca � v�anava.. �awvn�awv. Cirri �I +nnnn� �n hrnnrin�o +c of nrncon +n +inns nrnnromn �nrl nnrmnnc� nvnri� �n +nri in +hn a�n�.a+�aaw�wvawv v�vuaw vawvav v� r�vvv��aawaw�w, N. vaJ.�aw�.w a.. w vv���w�w v �.awwvavaw � Q. nn +e ��ni +n nnai romn +n Inr +inn nn_oi +n nr nff_oi +n c hall, he nrnhihi +or) G /ed /2001 /pud0103=2 11 November 20, 2001 November 28, 2001 ORDINANCE 44, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO PALM BEACH GARDENS CHRIST FELLOWSHIP CHURCH NORTH CAMPUS BY AMENDING CONDITIONS OF APPROVAL FOR THE SITE, LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD, APPROXIMATELY 1'/2 MILE WEST OF MILITARY TRAIL AS MORE PARTICULARLY DESCRIBED HEREIN, AMENDING ORDINANCE 20, 1997, AND ORDINANCE 23, 1999; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens previously approved Ordinance 20, 1997, providing for construction of an 85,200 square foot religious sanctuary and ancillary uses, as subsequently amended by Ordinance 23, 1999, Ordinance 34, 1999; and WHEREAS, the City of Palm Beach Gardens received an application (PUD- 01 -03) from Palm Beach Gardens Christ Fellowship Church, Inc., for approval of amendments to conditions of approval of the "Christ Fellowship North Campus Site", which is located on the north side of Northlake Boulevard, approximately 1 '/2 miles west of Military Trail; and WHEREAS, the 20 -acre "Christ Fellowship North Campus" site is currently zoned Planned Unit Development (PUD) with a Comprehensive Land Use Designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and has determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations and has recommended approval; and WHEREAS, on November 13, 2001, the City's Planning and Zoning Commission reviewed said application and recommended that it be approved subject to certain conditions stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves amendments to conditions of approval placed on the "Christ Fellowship North Ordinance 44, 2001 Meeting Date: December 6, 2001 Date Prepared: November 26, 2001 Petition PUD -01 -03 Campus Site" site and subsequent amendments thereto. The subject site is located on the north side of Northlake Boulevard, approximately 1'/2 miles west of Military Trail, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 2. Said Planned Unit Development is amended subject to the following new conditions, which shall be the responsibility of the applicant, its successors or assigns: (1) All audible noises on site shall not exceed applicable noise and decibel level requirements set forth in the Code of Ordinances. Violation of this condition is subject to Code Enforcement Procedures. (2) All other conditions of approval for the Christ Fellowship Church North Campus PUD approval and subsequent amendments shall remain in effect to the extent not modified herein. SECTION 3. The City Council amends Ordinance 23, 1999 by deleting condition of approval number 3: 3. Cim�I ltunn�Ilo hrnnrino o }o of nrnonn}nti�no nrnnrnlrv%o nnrMi onrmnn�- IIV VV Vlw awVMVaV L+IVVVIIaaw V, N VaJ. law IIV aw VVI IIVIIV n��nril In } °,-i in the (:!nn ^ +,IInn, nnv rvmn +n Inn? }inn nn oi+° nr nff_ni +° ohnI vvaVaw yawl awlr uI � 1 Vav IV VUUVII, v 1 VIaV VI VII VIaV, vIIUI be pFehibited. SECTION 4. The City Council amends Ordinance 20, 1997 by deleting condition of approval number 9 and modifying conditions 7 and 12 to read as follows (deleted language is stricken through, new language is underlined): 7. The church sanctuary and related facilities ° ^c' �Iaa;; ^I Inriinn nrvIiII1IMV ohnn a.a1 Vawl aA„ y y VI U11 h° Ilea °r) by m °mhnro nnh, fnr rnnlllnrl, onhorllllnri o °n,in °o innlllriinr. VV NVVV V� IIIVIIIV VIV VIIIr IVI I VaJ. MIIwI Ir VVI IVVIwIVV VVI YIVV V, 11IVIMMII IaJ. c °n,inno nn i�hrio +moo ilea, nnri VVI YIVVV VII VIIIIVa1IIMV Mr M11 nna, nA fr r%nr w- ✓Nr, M11 V iv J) n.+rii +in„MI °a,n — ncr nnlnn,inr you, shall not be leased, rented or in any u\.I awla.vl vrVIIaV i.. VawI Vllaw awl way made available to third parties or entities for use as an auditorium, theater or similar gathering place. for nth ;nnw,h nvnn +v of nn1, LinA IIVIIIVV VYVII VI MIIJ I \IIIV. l�nnulnrl„ �anha°.a�w:.,lnri wn,in °o ohnll h° ri °finnri no o°n,i,+ °o r%nnllrrinn nr, 1 Vyawlawl �. Vaw IvvV vI IawII vv awVIlllVaw awV vvl r VVV Vawl I II Iy v Cn +Ilrriny ��inniny' C�In�uy mvrniny nnri u mlrl_ \A /nnL nl,nninn Such v aw aawlawaw VI IIII , awl l\.I -- ..VVI\ VYVII1IIy. facilities shall only be used by the Church and its members for purposes directly related and appurtenant to the Church's function, such as regular and holiday prayer services, weddings and funerals, and for events sponsored by the Church in furtherance of its ministry, such as special prayer services, religious gatherings and speakers and youth program. 2 Ordinance 44, 2001 Meeting Date: December 6, 2001 Date Prepared: November 28, 2001 Petition PUD -01 -03 � Thy \n..�in °r nr G•I Innnc c nr oh�ll nv} I I }ili�n � InI I��nn,�Lnr �n1IY1A ,�rrinlifior • VI VMVVVVVVI IilIVl11 M\IIILV M VMV VI.,V VII \VI, VVMI IV MIIIr., 1111V1, rorlin nh�n�i -IrNnh �r ��milur en1lr+4i Mmnlifliirin rl °Nino }n nrni} �nli fnrm of a.. \. I v, N y N / ..,..,..III I. I �,, n I y n I� ...., r 1 \, .., v 1... • u 1 I c nllr\rl n11 }oirin }hn nhllr^h c•�n ^fi 17 r\� �nii rnl�}ncl fo^ili} °c+ VVNI Iu VMIV IU \! \I IV VI IMI VII VUI IV\a.1 a..11 MI I\. I VIVI \\!V IuV111 \\.IV. 12. The number of fixed and /or moveable seats within the sanctuary shall ate 1 7 n not exceed 2,417 seats at any given time, in accordance with the required parking provided on site. SECTION 5. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department (dates represent the date plans are received and stamped in): 1. September 21, 2001 Master Site Plan, Glenn Pate and Associates, Sheet ASP - 1.1 2. May 23, 2001 Sanctuary Seating Plan, Glenn Pa +te and Associates, 2 Sheets 3. July 9, 2001 Shuttle Bus Flow Diagrams, Glenn Pate and Associates, Sheet SD -1 SECTION 6. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 7. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 8. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 2001. PLACED ON SECOND READING THIS DAY OF 200. PASSED AND ADOPTED THIS DAY OF 200 (This space intentionally left blank) R1 MAYOR JOSEPH R. RUSSO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST BY: CAROL GOLD CITY CLERK VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g /ed /2001: pud0103ord Ordinance 44, 2001 Meeting Date: December 6, 2001 Date Prepared: November 28, 2001 Petition PUD -01-03 VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO 4 APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY NAY ABSENT Ordinance 44, 2001 Meeting Date: December 6, 2001 Date Prepared: November 28, 2001 Petition PUD -01-03 EXHIBIT "A" 5 � rl�ivi o�r1�n v� LYING IN THE SOUTHE/ DEDICATION: STATE OF FLORIDA SS COUNTY OF PALM BEACH ) SS CITY OF PALM BEACH GARDENS ) KNOW ALL MEN BY THESE PRESENTS, THAT PALM BEACH GARDENS CHRIST FELLOWSHIP, INC., A FLORIDA NON - PROFIT CORPORATION. OWNER OF THE LAND SHOWN HEREON AS "PALM BEACH GARDENS CHRIST FELLOWSHIP CHURCH ", SAID LAND BEING THE EAST 653.87 FEET OF THE WEST 693.87 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA­ BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA-. THENCE SOUTH 88 °30'27" EAST ALONG THE SOUTH LINE OF SAID SECTION 14, A DISTANCE OF 40 FEET TO THE POINT OF BEGINNING, THENCE NORTH 1 °57'07" EAST ON A LINE PARALLEL TO AND 40 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 1332.88 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14 SAID LINE ALSO BEING THE SOUTH LINE OF THE GARDENS HUNT CLUB AS RECORDED IN PLAT BOOK 59, PAGES 162 THROUGH 165, INCLUSIVE, PALM BEACH COUNTY. FLORIDA, THENCE SOUTH 88 °25'09" EAST ALONG SAID LINE, A DISTANCE OF 653 88 FEET TO A LINE 693.87 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14: THENCE SOUTH 1 °57'07" WEST ALONG SAID LINE, A DISTANCE OF 1331.87 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 88`30'27" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 653.89 FEET TO THE POINT OF BEGINNING. CONTAINING 20.00 ACRES MORE OR LESS HAS CAUSED THE SAME TO BE SURVEYED AND PLATTED, AS SHOWN HEREON, AND DOES HEREBY MAKE THE FOLLOWING DEDICATIONS. 1. THE LIMITED ACCESS EASEMENT, AS SHOWN HEREON, IS HEREBY DEDICATED TO THE CITY OF PALM BEACH GARDENS FOR THE CONTROL AND JURISDICTION OVER ACCESS RIGHTS. 2. TRACT A AND TRACT C AS SHOWN HEREON, IS HEREBY DEDICATED TO THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS FOR THE PERPETUAL USE OF THE PUBLIC FOR RIGHT OF WAY PURPOSES 3. EASEMENTS FOR WATER AND SEWER PURPOSES AS SHOWN HEREON AND DESIGNATED AS W.S.E. ARE HEREBY DEDICATED TO SEACOAST UTILITY AUTHORITY, ITS SUCCESSORS AND /OR ASSIGNS. FOR INSTALLATION, OPERATION AND MAINTENANCE OF WATER AND SEWER FACILITIES. IN WITNESS WHEREOF, PALM BEACH GARDENS CHRIST FELLOWSHIP, INC.: A FLORIDA NON - PROFIT CORPORATION, HAS CAUSED THESE PRESENTS TO BE SIGNED BY THOMAS D. MULLINS, ITS PRESIDENT, AND ATTESTED BY DUDLEY A. BARBER, JR., ITS SECRETARY. AND ITS CORPORATE SEAL TO. BE AFFIXED HERETO BY AND WITH THE AUTHORITY OF ITS CHURCH BOARD" THIS DAY OF '1998, BY. BY: PALM BEACH GARDENS CHRIST FELLOWSHIP, INC. A FLORIDA NON - PROFIT CORPORATION THOMAS D MULLINS, PRESIDENT ATTEST: DUDLEY A. BARBER, JR., SECRETARY ACKNOWLEDGMENT: CITY OF F MORTGAGEE CONSENT: STATE OF FLORIDA ) S COUNTY OF PALM BEACH ) MICHAEL PARSONS AND W J F WILLIAM GROOT CHARITABLE 1 1996 HEREBY CERTIFIES THAI UPON THE BOUNDARY PLAT FELLOWSHIP CHURCH. AND DC THE DEDICATION( OF THE LAND OWNER THEREOF AND AGRI RECORDED IN OFFICIAL RECOF PUBLIC RECORDS OF PALM SUBORDINATED TO THE DEDICf IN WITNESS WHEREOF MICHAE CO- TRUSTEES OF THE WILL UNITRUST DATED APRIL 17, 199 SIGNED BY MICHAEL PARSOP DAY OF WITNESS: WITNESS ACKNOWLEDGMENT: STATE OF FLORIDA S: COUNTY OF PALM BEACH ) BEFORE ME PERSONALLY APP PFAFFENBERGER, CO- TRUSTEE REMAINDER UNITRUST_DATED KNOWN TO ME AND WHO EXE AND SEVERALLY ACKNOWLED( EXECUTED SUCH INSTRUMENT THAT SAID INSTRUMENT IS TH TRUSTEES. WITNESS MY HAND AND 0 .1998. TITLE CERTIFICATION: STATE OF FLORIDA S: COUNTY OF PALM BEACH ) I. EDWARD T. BIERCE SENIOR V COMPANY. DO HEREBY CERTIFY THE HEREON DESCRIBED PROF PROPERTY IS VESTED TO PALM INC., THAT THE CURRENT TAX MORE MORTGAGES OF RECOR ENCUMBRANCES OF RECORD May 23, 2001 Mr. Edward A. Tombari, Senior Planner City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Cft of P.O. Gardens NAY 23 2001 (;RvW 1 H ,. MANAGEMENT DEPARTMENT RE: PUD- 01 -03: Christ Fellowship Church North and South Campus Amendments Dear Sir: The following are responses to the requests for additional information from our meeting on May 10, 2001. Christ Fellowship seeks to have these conditions removed in order to better serve those in our community who worship at our facilities. While researching answers to the questions posed by The Growth Management Office I have discovered that the church at no time in the past has asked for any variances or special treatment beyond the city codes. We have been in our new sanctuary for over I year and demonstrated that we are more than a good neighbor. Resolution 5, 2000 Condition 1: Shuttle buses - we own two late model, a '97 Ford 25 passenger and a '95 Chevrolet 30 passenger. These are used during regular service hours and for occasional events. Ordinance 20, 1997 Condition 6: Northern dry retention area - not applicable per our discussion of May 10, 2001. Condition 7: Restriction on events — Following is a current schedule of events and services 1) Service schedule: a. Sunday 9:15 and 11:15 am - -- - -- b. Wednesday 7:00 pm . c. Saturday 6:00 pm 2) Monday nights: a. South campus - Religious classes /activities - approximately 100 people b. North campus - Religious classes /activities - approximately 200 people 3) Tuesday nights: a. South campus - Religious classes /activities - approximately 200 people 5343 NORTHLAKE BOULEVARD 0 PALM BEACH GARDENS, FL 33418 ® PHONE: 561- 799 -7600 ® FAX:561- 622 -8445 May 23, 2001 Page —2- b. North campus - Religious classes /activities - approximately 300 people 4) Thursday nights: South campus - Religious classes /activities - approximately 300 people 5) Friday nights: South campus - Religious classes /activities - approximately 300 people 6) Any events, which are or may be scheduled, are or will be consistent with our ministry's religious purpose Condition 9: Restriction on sound amplifying devices - Outdoor events are small weddings in the courtyard area. The amplification requested is for the pastor and wedding party to have microphones to be heard. Condition 12: Restriction on movable seats - Requested floor plan is attached. To answer this question we contacted our architect, engineer, and legal advisors to confirm that the lay out meets code requirements for additional movable seating in our principal sanctuary. Once again, the church is not calling for any variances or special exceptions relative to life safety, building codes, or traffic concurrency standards. Ordinance 23, 1999 Condition 2: We are not seeking any additional seating for these religious classes and activities buildings. Condition 3: Restriction on simultaneous broadcasting (see next section) Ordinance 34, 1999 Condition 2: Restriction on simultaneous broadcasting — Any simultaneous broadcasting of services is to facilities, which are independently compliant with all city building codes and traffic concurrency standards. All service times have a minimum of 3 Palm Beach Gardens Police Officers directing traffic and maintaining traffic flov, --.. Any adjustments to traffic floe: are ;Wade based on recommendations by the Police Officers. In addition, a detailed traffic study completed and submitted during the initial approval indicated that north and south campuses operating simultaneously met all requirements for traffic. In fact, after I full year of operation police officers that regularly direct traffic confirm the fact that traffic-is riot -a theoreticai`or practica "issue. I trust this information is helpful. Thank you for your assistance in this process. j OeRy r , n u Administrator LAW OFFICES BOOSE CASEY CIKLIN LUBITZ MARTENS MCBANE & OICONNELL A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS iOSEPH L. ACKERMAN. JR. JNDA OICKHAUS AONANT BRUCE O. ALEXANDER. P.A JERALD S. SEER. P.A. WILLIAM R. GOOSE. 111. P.A JOHN O. BOYKIN P.A. PATRICK J. CASEY, P.A. RICHARD R. CHAVES PATRICIA M. CHRISTIANSEN ALAN J. CIKLIN. P.A. MICHAEL W. CONNORS ROBERT L. CRANE, P.A. RONALD E. CRESCENZO JASON S. HASELKORN P.A. W. JAY HUNSTON. JR.. P.A. RICHARD A. JAROLEM BRIAN B. JOSLYN. P.A. GREGORY S. KING, P.A. JUAN C. LAUREANO DONNA L. LEVY M. DANIEL LOGAN CHARLES A. LUBITZ, P.A. RICHARD L. MARTENS, P.A. LOUIS R. MCBANE, P.A. BRIAN M. OCONNELL, P.A. PHIL O. OCONNELL, JR., P.A. DEAN VEGOSEN. P.L. JOHN R. YOUNG, P.A. February 9, 2001 VIA HAND DELIVERY Ronald M. Ferris, City Manager City of Palm Beach Gardens 10500 No. Military Trail Palm Beach Gardens, Florida 33410 Re: Christ Fellowship Church/Religious Land Use Issues Dear Ron: PHILLIP 0. O'CONNELL. SR. (1907 -1997) OF COUNSEL JOHN L. REMSEN MICHAEL J. KENNEDY GARY WALK NORTHBRIDGE TOWER 1 • 19TH FLOOR 515 NORTH FLAGLER DRIVE WEST PALM BEACH. FLORIDA 33407 TELEPHONE (561) 832 -5900 TELECOPIER (561) 8334209 MAILING ADDRESS P.O. BOX 4626 WEST PALM BEACH, FL 33402-4626 Congratul -itions on your being named City Manager. As perhaps you have learned during your interim period, I represent Christ Fellowship Church and have been doing so from the time of the approval of their new North Campus facility. The Church's approval and subsequent applications dealing with both their original South Campus and their North Campus have been highly scrutinized by both the Church's neighbors and the City, and were politically charged and highly controversial. In the end, the new North Campus was approved and has developed to exceed all promises and expectations, and the South Campus is now in full compliance with the City's requirements. The Church and its members are troubled with some of the conditions which were placed on the approvals and the purpose of this letter is to request that they be reviewed with the City Attorney to ascertain their legality. Most of these conditions were adopted without the City's knowledge of Congress's enactment of the Religious Land Use and Tngtitutionalized Persons Act of 2000 and I think that if the City had the benefit of the Act's requirements at the time of adoption, these conditions would not have been attached to the Church's approval. I. believe that these conditions excessively burden the Church's ability to ---carry out its -- religious -- function: R1s0;-- sever] -of- these-conditions- .Cluist.. Fellowship but on no other religious institutions in the City or, for that matter, no other approvals of any kind. At least one condition decreases traffic safety for Church members. The issues of concern and our rationale are as follows: 1. No shuttle service. In early 2000, a petition was filed relating to the South Campus of Christ Fellowship. The petition was to extend the date for compliance with certain conditions by approximately 120 days. The conditions related to certain site improvements. During the public hearing, a Ronald M. Ferris February 9, 2001 Page Two discussion about the Church's use of shuttle vans from one campus to the other ensued. A police department representative gave a report discussing shuttle service in a positive vein. The result was a condition attached to the time extension of "no shuttle service." The use of shuttle service is a well recognized means of reducing traffic. For example, instead of eight people getting in their car and going from point A to point B, one shuttle van can be used, thereby eliminating seven vehicular trips. It is of particular benefit to older and inexperienced drivers. None of the other religious institutions in Palm Beach Gardens have a similar restriction, nor do any other uses of any kind. This condition makes the roadways less safe for Church members and the general public. 2. The Church is prohibited from adding seats for religious holidays and special events. The petition for the North Campus according to the City staff report met or exceeded all City Code requirements. Parking provided was double the City's requirements (one spaceJtwo seats vs. one space/four seats required by the City Code). County Traffic Performance Standards were all met; yet, there was a reduction in the number of seats from 2500 to 1750. However, the real problem is. that this number cannot be exceeded by using "movable" seats so that the Church can only accommodate overflow attendance at Easter, Christmas, and special events by requiring Church members to stand. The limitation on seats has no relation to occupancy and the Church's legal capacity far exceeds the number of seats permitted. The prohibition against movable seats interferes with the Church's ability to conduct worship services for its members and conversely interferes with the Church members' ability to worship. The Church has already added additional services and they do not adequately accommodate membership needs. To the best of my knowledge, no other religious institution in the City is prohibited from using temporary seating and most, if not all, do not have restrictions on the number of permanent seats. The legal standard for the number of seats should be based on the number of parking spaces, meeting Traffic Performance Standards and occupancy requirements. 3. No simultaneous broadcasts allowed. The Church is prohibited from simultaneously broadcasting from the South Campus which compounds the problem; even though both the South and North Church Campuses meet or exceed parking requirements and individually and cumulatively meet Traffic Performance Standard- requireinenU.-- As - you °inay ticn(yw—, City- -Police- =are- -owduty for-all-services-directing traffic. This restriction lessens the ability of the Church to perform its function. To my knowledge, no other religioW institution in the City has such a prohibition. 4. Limitation on Special Events. Although the Church has adhered to the condition attached to the North Campus approval limiting them to regularly scheduled services, including services on Christmas Day and Easter Day and six additional events per year, this condition clearly "imposes a substantial burden on the religious exercise of a person including a religious assembly or institution" as is prohibited Ronald M. Ferris February 9, 2001 Page Three by the Religious Freedom Act. As far as I know, no other religious institution has such a limitation on the use of their place of worship. As is the case with the other conditions referenced, it is unrelated to any provision in the City's Code. The U.S. Senate and House of Representatives adopted the "Religious Land Use and Institutionalized Persons Act of 2000" to prevent the imposition of these types of burdens on religious institutions. When reviewing the Act, please keep in mind that all of these conditions are individualized for Christ Fellowship. Also, the conditions do not relate to City Code requirements and unreasonably limit Christ Fellowship's ability to hold religious assemblies to accommodate its members. We would ask that you review the foregoing and that if you agree, that the City immediately initiate appropriate modifications or elimination of the offending conditions. I also want to assure you in closing that I believe Christ Fellowship is a very positive addition to the City. Their goal is to enhance the quality of life of their members and all the residents of Palm Beach Gardens. Thank you for your consideration of the foregoing. Of course, my client and I are more than willing to -meet with you to discuss these issues. Sincere urs, Alan J. Ciklin AJClnc cc: Pastor Tom Mullens Joe Ryan, Exec. Administrator Leonard Rubin, City Attorney (Via Hand Delivery) WATTERSON, HYLAND &KLETT P R O f E S S 1 0 N A l A S S O C I A T I O N LEONARD G. RuBIN SOARO CERTIFIED CITY, COUNTY ANO LOCAL OOVERNMENT ATTORNEY February 22, 2001 via Facsimile and U.S. (Nail Alan J. Ciklin, Esquire Boose, Casey, Ciklin, et al. Northbridge Tower 1, 19"' floor 515 North Flagler Drive West Palm Beach, FL 33401 Re: City of Palm Beach Gardens /Christ Fellowship Church Dear Alan: CITY MAN IIEFl g OFFICE FEB 2 3 2001 am in receipt of your letter dated February 9, 2001, to City Manager Ron Ferris. In your letter, you indicate that the Christ Fellowship Church and its members are "troubled" with some of the conditions that were placed on the various development approvals applicable to the Church, and you request that this office review such conditions to ascertain their legality. You further indicate that the conditions outlined in your letter were adopted Without the City's knowledge of Congress's enactment of the Religious Land Use and Institutionalized Persons Act of 2000 ( "Act'), which creates a new cause of action relating to land use regulations that impose a "substantial burden" on the religious exercise of a person or a religious institution. While I will gladly review the development orders applicable to the Christ Fellowship Church, including all conditions attached to such approvals, it is my understanding that each of the development order approvals relating to the Church was adopted by the City prior to September 22, 2000, the effective date of the Act. Thus, there was no way the City could have been aware of any requirements or standards relating to the Act at the time of adoption. In light of the foregoing, please advise as to why you believe the Act has retroactive application. As you are aware, legislation creating new causes of action or substantive rights are generally applied prospectively, and not retroactively, unless the legislation specifically provides for retroactive application. As a practical matter, l do not believe that the Act would require the City to review all of its land use approvals after the fact to DO NOT REMOVE FILE COPY 4100 RCA Boulevard - Palm Beach Gardens. EL 33410 - Phone 561 PLANNING &ZONING DIVISION Alan J. Ciklin, Esquire February 22, 2001 Page 2 determine compliance. The appeal period applicable to the City's quasi judicial land use determinations has long since expired. If the City were to unilaterally modify or eliminate conditions of approval, it would undoubtedly open itself to challenges from affected parties and other landowners within the City. By copy of this letter to Steve Cramer, Interim Growth Management Director, I am requesting that he provide me with all of the development orders relating to Christ Fellowship Church. I will not take any action, however; based on the provisions of the Act, until such time as it is demonstrated that this legislation applies to the approvals at issue. Of course, Christ Fellowship Church is free to seek modification to any of its conditions of approval through the ordinary procedures set forth in the City's Land Development Regulations. look forward to hearing from you. Sincerely yours, Leonard G. Rubin City Attorney cc: Ron Ferris, City Manager Steve Cramer, Interim Growth Management Director Terence J. Watterson, Esquire Mayor and City Council LGRscw P. \CP W nW ISTORY\010131 A \CDA.04(320.013)scw -doc4 May 1, 2001 Mr. Edward A. Tombari, AICP Project Planner City of Palm Beach Gardens 10500 N Military Trail Palm Beach Gardens, Florida 33418 V BY HAND RE: Petition PUD- 01 -03: Christ Fellowship Church Development Order Modification Dear Mr. Tombari: Per your letter of April 23, 2001 attached please find copies of the ordinances in connection with the above - mentioned project. The copies are provided in accordance with your request to strike out the sections and language we are seeking to modify. We are open to changing the language, which is agreeable to the city and meets our needs to conduct our ministry with the guarantees provided by the recent federal statute governing these matters (RLUIPA). This statute and related information is referred to in our Mr. Ciklan's letter to Mr. Ferris, City Manager, and dated February 9, 2001. Please let me know the next steps to keep this project moving forward. We appreciate your assistance in bring this matter to rapid close. If you have any questions please do not hesitate to call me. CC Karen Craver i C6. �A i; v � 5343 NORTHLAxE BOULEVARD G PALM BEACH GARDENS, FL 33418 ® PHONE: 561- 799 -7600 0 FAx:561- 622 -8445 RESOLUT ON 5, 2000 A RESOLUTION OF IIHM CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AM KDING RESOLUTION 86, 1999 TO ALLOW FOR AN EXTENSION OF A DATE CERTAIN CONDITION OF APPROVAL -Tv RELATING TO THE COMPLETION OF MUROVEMF•NTS ON THE SITE `imwN-. A:S "CHRIST FkLL0-WSE[&1, WHICH IS GENERALLY LOCATED ON THE SOUTH.SIDE OF NORTHLAKE BOULEVARD WEST OF MILITARY TRAIL; AND PROVIDING FOR AN EFFECTIVE DATE. WIiEREAS, the City has received an application from Christ Fellowship Inc. to amend Resolution 86, 1999 to allow for an extension of the date certain of condition ## 3 relating to site improvements from January 2, 2000 to April 1, 2000 and to allow 30 days after April 1, 2000 to complete all such improvements; and WHEREAS, Christ Fellowship's conditional use was approved by Ordinance 30, 1990, and VIHEREAS, Christ Fellowship's site plan was approved by Resolution 13,199 1, and WHEREAS, Christ Fellowship's temporary modular units were approved by Resolution 4, 1997, and VaffiREAS, Christ Fellowship's amendment to its site plan w s approved by Resolution 96, 1999, and WHEREAS, the City's Growth Marmgement Department has determined that approval of said application is consistent with the City's Comprehensive Plan and Land Development Regulations, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION I- The City Council of the City of Palm Beach Gardens, Florida, hereby approves Christ Fellowship Inc.'s request for an extension of time and amends condition of approval #3 as set forth in Section 3 of Resolution 86, 1999 to read as follow: Within 30 days of the issuance of the Certificate f CS aricyf-bt-th sauptd=y on Christ Fellowship's new campus on the north side of Northlake Boulevard (as referenoed ui Ordinanct 20, 1997, as amended) or oa-� .Ianmapj -2- May 1, 2000, whichever shall Furst occur, the petitioner shall. A. Close the access point between this site and the Church of the Nazarene to the west- 7 B. Complete 71andscW site inaptnveuunts ando - -es. C. Remove the modular units from tho property. D. Pave all parking aisles per City code. (Development Compliance Officer) SECTION 2. Said approval shall be subject to the following condition which shall be the responsibility of the applicant, its successors and/or assigns: -- ]aaaaLL;V,.aa(laVa� ••M F+ as ay.� ... ..— _�..yv� va a.nyv� u a V�VIaYILAaaV Vi- VVa.LLUpYV, ava 'ayVJ.1al{,.L1Lp�� ��A— AAN�M AA Mf Hfff. A� ■ "�a�P�' f/'AIIAYf /P{a lfa PI1ff �IA j/11P • ffH<l l���PY i.r�� AF �' as u�iva as HVY JGa f{.a -v Va.a.f a.a.Y -� ai aava lII caul $V KILL L.iL iliPLLJ GZI3LLAll. ticaaa.. SECTION 3_ Said approval tha11 be consistent with documents on file with the City's Growth Management Department as follows: 1. Development Application stamped November 10, 1999. SECTION 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED, AND ADOPTED THIS 20`b DA F ANUARY 2000. 1, R(10S� �R RUSSO ATTEST: A- PPROVED AS TO LEGAL FORM AND LZ91A V. KOSIER , , CITY CLERK SUFFICUR\TCY. l VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN- S AB ATELLO COUNCILMAN JABLIN -UN, ILMAN _CLARK CITY ATTORNEY 8 i ORDINANCE 20, 1997 5/1/97 9/5/97 10/16/97 11/6/97 11/20/97 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AP PROVAL��`'OF- -XHE­ -..PETITION- OF PALM BEACH GARDENS CHRIST FELLOWSHIP CHURCH FOR REZONING OF TWENTY (20) ACRES OF LAND LOCATED ON THE NORTHEAST CORNER OF NORTHLAKE BOULEVARD AND GIBSON ROAD TO A PLANNED UNIT DEVELOPMENT, IN ORDER TO CONSTRUCT A CHURCH SANCTUARY AND RELATED FACILITIES; PROVIDING FOR CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received a petition from Palm Beach Gardens C -.-1st Fellowship Church for rezoning of 20 acres of land located on the nort;i";, corner of Nonlilak-c Boulevard and Gibson Road to a Planned Unit Development; \VHFREAS_ the Planning and Zoning Department has reviev.ed said petition arc IcielTliinec :.. i It is sulf-lcieilt; all:'_ WHEREAS, the petition is consistent with the City's Comprehensive Land Use Plan_ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the Citv of Palm Beach Gardens. Florida, hereby approves the petition of Palm Beach Gardens Christ Fellowship Church for rezoning of 20 aces of land on the northeast confer of \orthla'.;e Boulevard and Gibson Road to a Planne Unit Development, in order to construct a church sanx -tuary -and related..factlitles:- SECTION 2. Said Planned Unit Development is approved subject to the following conditions: 1. Prior to the issuance of the first Building Permit, a boundary plat shall have been prepared, approved by City Council, and recorded in the public records of Palm Beach County. 7rdinance 20, 1997 .'age 2 2_ Prior to the issuance of the first Building Permit, all necessary permits shall have been obtained from South Florida Water Management District, Health and Rehabilitative.$ rvicesa and Palm Beach County. 3. Prior to the issuance of the first building permit, the property owner or successor must obtain a driveway connection permit from Palm Beach County for the Northlake Boulevard entrance. 4. if at any time the City determines that maintenance of the grass parking area is in disrepair or poor appearance, the City may require the owner or successor to correct the deficiency within thirty (30) days of receipt of written notice. Upon failure by the owner or successor to comply in the time provided, the City may require the parking area to be totally or partially paved within one - hundred -fifty (1 50) days of receipt by owner or successor of written notice. All such paving shall be conducted accordim -, to Citv standards at the time of paving. All costs i;sll h:'- Mc �ctiaol ?S101ltIV of the OtvTler or Successor. The landscaping and irritation of Nortillake Boulevard and Gibson Road as provided for in the plans shall bt completed prior to the issuance of die tirsi Certificate of Occupancy. The owner or successor shall be responsible for the perpetual maintenance of said landscaping. 6. -:i;c uvi i%aii ca J ua a l . I, i ... e i f a u.:n: �! �: S ^3nP. i�i� �n..P .'..°,les it Y - �aauaa vim. w�... ava ` ry� �Y f Y ch all be extcn ed to the ncithcm RTPPr. .]ren or OTT_-sitP to the t- ct v,ritllnllt .]rl^r --v l by City C'ounisil. 7. 71­ nll�a�l: J aaan�. r A fnn ;1tt ;Pc onrl cii�ntinti;nR nrnttnric shall l-%P t cnrl by m . berc only fnr rPRttl arly cr}tPrittlPri_cP. a :irr>c incltviinn cPniir PC nn -r -: --- ^^ >1_...,..a Co t^, nnit nnr'l fnr nn mnn- than elx_(ft) ariritttnnai events nPr �.zu aaaaaaLLJ ✓u.- .�..... .,. c�lPr l Tl_.. chu ..r, ,..,,,,.tear„ n re-1 ted f�_;1;tiPC shall not hp 1eq-zer ..... �..,. - �.u� . a .w a- aaui�..a Juu�.... - ..aa.. ..... -... ........ - _ �ntedz��rl aiiv way tviaut. dv iiiabic ui ICSC ::J all auditbrltl[il. theater of JIiuilax _ttathPrinn .,I��� fnr rann_mPmhPr .»•Pots of onv t�inri RPttularly crh�rl�tlPri cPr�nrv+ _. P .4PT au ,a..a •ca....a vv�. LLaa uaj vu Jalui ua'Y GVGILLIiI`t �JCiYt'Uia�'"" "lily a- .iki-:�'�- =st_ =— _ µ aa ;�i a 8_ All applicable municipal and county impact fees shall be payable contemporaneous with issuance of the first Building Permit. 9. -:1:° � :.ia°i vi +u .. �°.a ava shall-- vt :aili..° µ In.�.ln.�e.atr� nn.ae.rt .�mrali�Pr r7rlirt_ a a.. ....t,...a. a ... ._a.....ar.a.. .t _ 1...+..,. -,. 1. ,.- ,.:..- .:t.a :.. .,.a�mral;�.:..a..le`:..e +,.......:• . 4e. -.r, ..F...:..t,rl ..,,r..;dP = -YaavuvSauYaa. va Jaaaaaa..a .ay.+...+ r.. aas -.... a w vaaaaa}•ia� avaaaa va .+ a ..w. .. ' - 'at11C l.11ULl.11 JUlll.11la.a �' aallU j-C1W,, F , a lav LLcU ittes. ? l -hc .t�� ncr qtr :ucc sSor shall utilize police or equally trained officials at all ingrc:-, and cgress points along Northlake Boulevard for the management of M Ordinance 20, 1997 age 3 traffic flow and direction before and after all events, including regularly scheduled events. The petitioner shall maintain a minimum of three (3) police or equally trained officials at all times for the direction and contol of traffic entering and sr exiting the site. As a guideline, traffic on Northlake Boulevard shall not be stopped for mde"thai(- 90:se-cbnds during the traffic control period_ 1 1. The four traffic lanes located at the western portion of the site which provide access to /from Northlake Boulevard shall be utilized as follows: a) Following all services and events, traffic cones or other similar traffic devices shall be utilized so as to limit ingress to the site to one (1) lane-, egress shaii be provided via two (2) left -turn lanes and one (1) right -turn lane. b) During all other times, two (2) lanes shall be used as inbound lanes and two (2) lanes shall be used as outbound lanes. iiw.'i vi:: -Of i Prior to the issu -:cc of the first building pc;- w. the petitioner shall subn revised lighting photometric plan, indicating a maximum 20 -foot high lio?1z poles, for the City's approval. 14. Prior to the issuance of the Certificate of Occupancy, the petitioner shall erect a 6- foot wall along the site's northern property line. 15. Prior to the issuance of the Certificate of Occupancy, the petitioner shall install a 3 -foot grass berm adjacent to the northern limit of the paved parking aisle on the site- No parking shall occur in the area north of the parking lot and berm. SI..(_ TION . Constmction of the Palm Beach Gardens Christ Fellowship Church --P-lanned Unit Developrnenr__shall, be in com�.l ance_ with the following plans on file with the City's Growth Management Department: l.) November 12, 1997 Site Plan, Glen Pate & Associates, Sheet SP -1.0 2.) October 1, 1997 Architectural Elevations, Glen Pate & Associates, Sheets A -1.0 through A- 3.0 3.) October 28, 1997 Conceptual Floor Plan and Section, Glen Patte & Associates, 2 sheets.. 4.) November 14, 1997 Landscape Plan, George G. Gentile & Assciates, Sheet L -1 i.) January 24, 1997 Landscape Elevations, George G. Gentile & Associates, Sheet L -2 6.) F:bruary 21. 1997 Landscape Elevations, George G. Gentile & Associates, Sheets L -3 U-11 I Ordinance 20, 1997 Page 4 %.) November 3, 1997 Irrigation Plan, George G. Gentile & Associates, Sheet I -1_ 8.) September 30, 1997 Conceptual Drainage Plan, Kimley -Horn and Associates, Sheet C -1.0 SECTIQN 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS i&D'kY OF / 1997. PLACED ON SE OND READING THIS &�-DAY OF �� , 1997_ PASSED AN PTE (wDAY OF %i�,(� , 1997. i I e JQSEl�H R. RUSSO CIL -6 LINDA MONROE VICE MAYOR LAUREN FURTADO CO IEM A14 ERX JABLIN COU`CILN•LaN DAVID CLARK ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY_ V OTl_:: MAYOR RUSSO VICE MAYOR FUR T ADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK OP AN E NAZ GI TY ATTORNEY : LBSEN J F.2 April 26, 1999 May 21, 1999 June 24, 1999 July 15, 1999 ORDINANCE 23, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN AMENDMENT TO ORDINANNCE 20, 1997 TO PROVIDE FOR MINOR CHANGES IN THE ELEVATIONS AND FLOOR PLANS OF BUILDINGS A, B, AND C IN THE CHRIST FELLOVVSHIP PLANNED UNIT DEVELOPMENT; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Christ Fellowship L-]c. to amend Ordinance 20.1997 to provide for minor changes in the elevations of Buildings A; B and C a ]d to Z.112 door pl21] of Bu0_. '_? -Iie ClII1Ji _� i 'rJiII Pla_nDe� -Mi. De \' 1- 1 ��, p "1 L_ e1Gl.nen -. \N.- EREAS. C`L,ist Fello\._ilip \xas approved b-, Ordinance 20,1997-- ar_d minor in nature; and WHEREAS, the City's Growth Management Department has determined that appio,, al of said application is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF P,%LM BEACH GARDENS_ FLORIDA: - SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, approv::s an amendment to Ord :name ?0, 1997 to provide for minor changes in the elevations and floor plans o` Buildina_� A. B a-�d (- ltCiii the Crrist Pellov- ship Planned t: I Development. SECTION 2. Said approval shall be_ subject to one following -conditions,, Whicli -shah te `she responsibility of the applicant, its successors and/or assigns: 1. All of the conditions from Ordinance 20, 1997 shall remain in full force and effect. (Planning & Zoning) 2 ttitAinne D nnA n et,nt] nnf {�a t -d ��rnrFlnttr �,nne Fn. «..1�..,e 4-1 - rf� wla�v �+ +� u Vauw.. .aV� uVV V• uJ �J .'VIAIV .t -µ {VNV V� �Vl VKFIl1LV1llVLLlMl YVKllll(J. lvl ...a: ,..... .... �r nnt'tYtnne nnniit%n +,-A in -4i�n �nnnfi»rcr (i~nAP, F.nfnrrrM� :r+k3.. . •.� _..._ -.. "-_ ""'- '- "-"'-J - \-- - - - - - m -n 3. �itllul%afiwiia V1va�1VGiJw va rawvaatuuva+v, t.avbaw.w, va VVIilLV147 W114...•r.,.LL .al ulli U4Ll1t:lUiily fn en��_�tg]nnotinn. nn_citt•. nr 7ff citr�, ehall ha. nmhihifPA_ f(`nrlr FnfnrrPmpri +� - 4. Building A shall be limited to a capacity of 452 people. (Code Enforcement) SECTION 3. Said approval shall be consistent with plans and documents filed with the City's Growth Management Department as follows: 1. Marci► 19, 1999 ArcliiteC, -raj Site Plan, Glenn Pate & Associates, Sheet SP -1. 2. May 18, 1999 Building B Elevations (Children's Education), Glenn Pate & Associates. Sheet A -1 3. June 25, 1999 Building B Floor Plan, Glenn Pate & Associates. 4. May 18, 1999 Building A Floor Plan (Youth Ministry), Glenn Pate & Associates, Sheet A -2. 5. May 18, 1999 Building A Elevations, Glenn Pate & Associates. Sheet A -3. 6. May 18, 1999 Building C Elevations, Glenn Pate & Associates, Sheets A-4, A -5. 7. May 11, 1999 Letter from Glenn Pate & Associates. SECTION 4. This Ordinance shall be effective upon adoption. PL ACi✓D ON, FIRST RELIDING THIS 17- DA C)! iw_ i9 O`er SECOND RLADI�G THIS / ) -� i): ` ',� INTRODUCED, PASSED AND ADOPTED THIS .. /-- v D OF /) A 'ADO ATTEST: LINDA K SIER, CMC, CITY C RK 2 119S.9. APPROVED AS TO LEGAL FORM ArSUFFICIENCY. June 24, 1999 June 30, 1999 July 2, 1999 August 27, 1999 r :; `ORDINANCE 34 , 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM PFACH GARDENS, FLORIDA, AMENDING ORDINANCE 30, 1990 WHICH APPROVED A CONDITIONAL USE, TO ALLOW AN INCREASE IN THE MAXIMUM OCCUPANCY AT THE SITE KNOWN AS "CHRIST FELLOWSHIP" WHICH IS GENERALLY LOCATED ON TNF- SOUTH SIDE OF NORTHLAKE BOULEVARD WEST OF MILITARY TRAIL, AND TO AMEND THE APPROVED USE OF THE RESIDENCE BUILDmTG TO A YOUTH CENTER; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEI'`LAS, the Cite has received an application from Christ Fellowship Inc_ to amend Ordinance 30, 1990 to allow an expansion of the conditional use and a change in use for the residence to a youth center for a property more particularly described in Exhibit "A" (attached), and WHEREAS, Christ Fellowship's conditional use was approved by Ordinance 30, 1990, and WHEREAS, Christ Fellowship's site plan was approved by Resolution 13, 1991, and WHEREAS, Christ Fellowship's temporary modular units were approved by Resolution 4, 1997, and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent ,vith the City's Comprehensive Plan and Land Development WHEREAS, the City's Planning and Zoning Commission has recommended approval of this request, with conditions, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, approves an -ter•- amendment to Ordinance 30,1990 to amend the conditional use to allow a temporary increase in the maximum occupancy to 768 seats. This amendment shall be valid only until the issuance of the Certificate of Occupancy for the sanctuary on Christ Fellowship's new campus on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or until January 1, 2000 whichever occurs first. _SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, approves an t -tiendment to Ordinance 30;=990 td'atriend the conditional use to allow a perman ert increase in the maximum occupancy to 576 seats. This expansion shall become effective immediately after the issuance of the Certificate of Occupancy for the sanctuary for Christ Fellowship's new campus on the north sic': of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or on January 2, 2000, whichever occurs first. SECTION 3_ The City Council of the City of Palm Beach Gardens, Florida approves an amendment to Ordinance 30, 1990 to amend the approved use of the residence to a youth center -This amendment shall take effect immediately upon adoption_ SECTION 4. Said approval shall be subject to the following conditions, which shall be the responsibility of the applicant, its successors and/or assigns: 1. lnunediatcly upon the issuance of the Certificate of Occupancy for the new sanctuary for Christ I=ello« =ship oil the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or by January- 2, 2000, \whichever occurs first, the minimum narking reauir(!nien-i on tlus site shall be calculated at a rate of 1 space per 3 seats in the sanctuary. At that time, one hundred and ninety -two of the seats in the sanctuary shall be permanently removed, leaving a permanent occupancy of no more than 576 seats, and an affidavit shall. be submitted to the City by the petitioner affirming that the seating has been reduced to 576 or less. (Development Compliance Officer) 2 iimnt�fM14n.�nn��� L.r.+. dc—a —t—o �f ..aonnnt tinnc nrn rtr7me nr cPn -nnn`c ��nlinntn`i wt_ ---t.. t .....,a :, aw �" vLVUU w v i wv avaaa., t.avb. .... ... ...... ........�.a..aw au 1� L\.allV ll.. LV�.(lUVll top}� :.._ L „ L_ o E ^ferc°ment) ' t is site slaall Vl. iIL VLlLV1aVV. `�v��> 3. When determined to be necessary by the City of Palm Beach Gardens Police Department, the Petitioner or successor shall utilize police or equally trained officials in numbers determined by the Police Department at all ingress and egress points along Northlake Boulevard for the management of traffic and direction before and after events.(Code Enforcement, Police Department) SECTION 5. Said approval shall be consistent with plans and documents on file with the City's Growth Management Department as follows: 1. June 7, 1999 Existing South Campus Site Plan, Glen Pate & Associates, Sheet SP 1.0 2. August 5, 1999 Future Phase 2 Site Plan, Glen Pate & Associates, Sheet SP 1.0 SECTION 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS ��AY OF � __1999 PLACED ON SECOND READING THIS �AY O� 1999 / t - INTRODUC SS D ADOPTED THIS DAY OF,, �r�.�_ 1999 i J S MAYOR LAI�REN FURTADO, VICE MAYOR COU` MAI K)' r* JABLIN AOUNCIL�M�ANAVID CLARK SABATELLO ;LTTI ST: I.IN )A V r:OSIFR ,CIAC, CITY CLERK BY- VOTE: APPROV I =D AS TO LEGAL FORM AND /SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCI LN- 4AN SABATEIMO COUNCILI4AN JABLIN _ ..-- CO UNCILt CLARK g/short: sp9703.or.doc ra &jI y R-1U S' rRAFF1C FLOW FOR EXITING Petition No. PUID -96 -04 - PBG Christ Fellowship Our recommendation to the City Police Department is that traffic on Northlake Blvd. never be stopped for any period of time longer than a 90- second interval. (This is the time of a short traffic light.) After traffic is flowing smoothly on Northlake and traffic on the site has stacked sufficiently, there should be another 90- second or less interval to allow traffic to exit the site after service. NOTE: With this plan in place, no one traveling on Northlake should ever have to wait more than 90 seconds at our egress point on Northlake Blvd. Please note the following statistics. Single right turn lane can handle 1.690 vehicles per hour. _ .47 vehicles per second. .47 x 90 seconds = 42 vehicles per 90- second interval. Single left turn lane can handle 1200 vehicles per hour. _ .33 vehicles per second. .33 x 90 seconds = 30 vehicles per 90- second interval. Field test of traffic exiting the existing site verifies the above statistics. New Site: Two left turn lanes for exiting. One right turn lane for exiting. For each 90- second interval - 102 cars can exit the site. Eight (8) 90- sec6nd intervals can void the entire parking lot. l'alrrt Beach Gardens Christ Fellowship 5312 Northlake Blvd. - Palm Beach Gardens, FL 33418 - Phone 5611622.2384 - Fax 5611622 -8445 February 13, 1997 Mr. Jack Dillon Cypress Hollow Homeowners Association 13 n T)-- 1111 « �,/ X �/ TO: Charles Wu, Director, Growth Management City of Palm Beach Gardens i FAX- 7994281 City of P.B. Gardens FROM: Joan Altwater JUN 11 2001 GRv*IH MANAGEMENT DATE; 617101 DEPARTMENT RE: Palm Beach Gardens Christ Fellowship Charles, Per our discussion, have listed several items which I would like to discuss with you 10 Acres of Property purchased last year • 1 -2 Shuttle Vans pang there regularly a Cars parking there regal -ly since Faster 2001 Not permitted for such activity to my knowledge North Campus People crossing from South Campus, but not where police are stationed - Per CF's Web Site, classes being conducted on South Campus simultaneously with North Campus activities promoting such behavior, or - Current level of people attending events/services exceeds the approved number of seats and South Campus being used as overflow parking Traffic officers not highly visible at night (2 officers on duty; think 3 were cited in Ordinance from 11/97) Suggest reducing glare -type lighting currently in use to protect our police officers while on duty directing traffic • 90 Second hold rule being ignored by certain Traffic officers Stack lane for cars turning right off Northlake onto CF North Campus is grossly inadequate; can backing up close to Military ?rail intersection at times Question as to whether Dumpster byYouth Activity building (building on Southwest comer) is in appropriate place with appropriate visual barrier? • Noise from building and parking lot is still an issue with some Cypress Follow residents whose properties back up to that area • Dead trees along Hunt Club Drive (formerly Gibson Road); CF to plant and maintain that landscaping Why are tall lights on so late at night (10 pm) when no activities occurring; reset tuners for 9 pm shutoff __ - -Sear Cp•,in .::- - . • Fence to Nazarene not closed • urge utility /storage building on sou&east corner of Np�Arone — questionable set back; think it belongs to CF • Blue sandwich -hoard style sign being used on Sat., Sun & Wa to denote campus. With recent changes to South Campus, why is temporary sign still being used? Get approval for permanent sign which can be seen by vehicles traveling East -West, 1/1 *d 12bnIS —H0-41 HIMHq wH77b!ACa TM. )(A rang' -- CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 August 22, 2001 Ms. Joan Altwater 9180 Cypress Hollow Drive Palm Beach Gardens, FL 33418 RE: PUD -01 -03 Christ Fellowship PUD Amendments Dear Ms. Altwater: Thank you for your memorandum dated June 6, 2001 outlining your concerns regarding the Christ Fellowship Church site. Staff has conducted field visits to the site in response to your concerns and the following actions have been taken: • 10 acres of property east of North Campus. Code Enforcement found that the applicant was using the site to park vans, and the applicant was informed that there was a condition of their development order that prohibited the use of this site for additional parking. The site had also been utilized for overflow parking on Easter Sunday. The vehicles were removed from the site and the Church agreed not to utilize the site for overflow parking in the future. Staff shall monitor this site to ensure that it is not used for uses prohibited by the development order and LDRs. • North Campus People crossing from South Campus, but not where police are stationed. This activity was not observed at any time during Code Enforcement Inspector Robert Creston's investigation. Ordinance 20, Section 2, Condition 10 requires that police control all traffic movements as specified in a traffic control report at the intersection of Northlake Boulevard and the church egress. The applicant has requested to eliminate the prohibition of the shuttle bus service to help ensure that this activity will not occur in the future. • Traffic control officers not highly visible at night. Only two officers on duty. at--all- "es .o-.i -at€ rd--a-ys - Sundays- and-Wedne day- -- during his site visits there were three police officers on duty wearing the required neon safety vests. Ordinance 20, Section 2, Condition 10 requires that police control all traffic movements as specified in a traffic control report at the intersection of Northlake Boulevard and the church egress. • Glare from lighting is posing a, safety hazard for the police officers. No glare was observed by Inspector Robert Creston or reported by police officers. Section 95 of the Altwater Letter August 22, 2001 Page 2 LDRs specifies minimum footcandles for parking and pedestrian areas within parking areas, but not within public rights -of -way. • 90 second rule being ignored by certain traffic officers. No evidence was found to support this issue. Ordinance 20, Section 2, Condition 10 requires that police control all traffic movements as specified in a traffic control report at the intersection of Northlake Boulevard and the church egress at a maximum of 90 second intervals. • Stacking lane for cars turning right from Northlake Boulevard into the North campus is grossly inadequate, causing backup to Military Trail at times. Inspector Creston reports the church has an individual directing traffic into both entrances to keep traffic flow unimpeded. Ordinance 20, Section 2, Condition 10 requires that the petitioner maintain three police officers at all times for direction and control of traffic entering and exiting the site. • The dumpster near the Youth Activity Building (southwest corner) is not in the appropriate location with visual screening. The dumpster is not screened on the west side of the building. Section 194 (b)(2) of the City's land development regulations requires that all dumpsters be screened with materials consistent with the materials of the main building. The applicant was informed of this and responded that they would instruct their maintenance operators to ensure the dumpster be returned to its enclosure after trash pick -up. • Noise from the building and parking lot is still an issue with some Cypress Hollow residents whose properties back up to that area. Noise readings were conducted on June 13, 2001 at 7 p.m. and 8 p.m. and on June 17, 2001 at 9:45 a.m., in the aforementioned areas. No violations of Section 306(b)(1), Performance Standards — Noise, were observed. Dead trees along Hunt Club Drive. Three dead palms were observed along Hunt Club Drive. Ordinance 20, 1997, Section 2, Condition 5 requires that the applicant "be responsible for the perpetual maintenance of said landscaping (along Hunt Club Drive) ". Staff has instructed that the applicant to coordinate with the City Forester to address replacement of dead or dying landscaping on site. Code Enforcement shall also continue to monitor the site for violations to the City's Landscape Code. • Tall lights on at 10:00 p.m. This is neither a violation of our codes nor related to a • South Campus • Fence to Nazarene is not closed. Onsite inspections have confirmed the existence of an opening in the fence line. Section 1 A of Resolution 5, 2000 states that the applicant must "close the access point between this site and the Church of the Nazarene to the west ". The applicant has indicated to staff that the opening of the fence line has been closed. Altwater Letter August 22, 2001 Page 3 • Large utility /storage building on southeast corner of Church of the Nazarene. This structure is in violation of setback requirements per Inspector Dan McDade. Closer examination is required. Setbacks for institutional uses are regulated by Section 78 of the LDRs; however, this building is related to neither the North nor South Campuses of the Christ Fellowship Church site. The applicant has responded that the utility building has been removed. • Use of a blue sandwich board sign on Saturdays, Sundays and Wednesdays to denote campus. The sandwich board sign is no longer in use per Inspector Creston. The City has coordinated with the applicant to ensure that conditions of all development orders associated with these sites are complied with. Code Enforcement shall continue to monitor this site, as well as the rest of the City, to ensure that all pertinent regulations are adhered to. We appreciate your effort and concern on this case. If you have additional concerns about this specific petition, please contact Ed Tombari at 799 -4299. For general code enforcement issues, please call Perry Davis, Code Enforcement Officer at 799 -4238. Sincerely, a' . k, w,., Charles K. Wu, AICP Growth Management Director cc: Karen Craver, AICP Ed Tombari, AICP Kelvin Wise Ron Ferris Len Rubin, Esq. Joe Ryan Alan Ciklin, P.A. \FILE SRV\COMPRGG\.Short Range\pud0103joan1et822.doc r� � -g 1. '.• - }, ! 1�Rw? R i PVC' INI s � BALLENISLES j `kry - BUNT CLUB _ -` Z: PCD /RL =:` Z•' I'UD /RI -3 * a . � LU: RL 'rr � y F.'.a e��a � •$.' ,�' s^^myic tfi�a `___^ . g,� 'f F -z7z Wiz' lit r I zi—.,6' Z: PDA S.U13JE�'T SI 'I� LU• RL • CYPRESS %AIM v ii Z: PUD /RL -3 .. ,� t® g `, SOUTH `. ��# CATNIPUS LU: RL — �, Z: PI VRL , Z: CURL. -3 =� = LU RL — LU: RL f..ua �� � •-.... ..Rai < «�. - - y — =. , , r w I �µ. •r.- hnvra#o-°2v � m+a.,.n:•a�.,:s.i- .Lear• m- r o,..�aw•r .tom^° �r �' `x•.:-. e °- v ' r :mss ax.i;�a''R;� °^, --^m � ��` R- A�F��R .��i; S S OM •PALM 30 53 !r • NOT INCLUDING GR PARING LAXATIOM SECTION 14, TOUNWIP 42 S, RANGE 42 E PALM BEACH GARDENS, FLORIDA PrARKINM n PAPKNO 11MMI ORAN 6PACM 683 PaAVID GP t 203 eftem 18 TOTAL 904 PARING SPACES PAIlIGMe>i I�JIIMD BY OOIIm 904 PARKING SPACES MUIWPM IA' MULTI- PURPOSE RM. N 6118 of • 1/250 ■ 25 MULTI - PURPOSE RM. r1 2324 of • 1/250 ■ 10 C4 POOLROOM 490 of • 1/250 ■ 2 KITCHEN 45I of • 1/150 ■ 2 OFFICES 490 of • 1!'150 ■ 2 BNwm b' REVISIONS: CHILDREN'S CLASSROOMS ! 11 TOTAL) 41 ADULT STAFF >$ / � \ 11 / I / 97 AM] 11 / 12/ 9"1 WALL, F ADULT MEETMG RMS. 1448sf • 1/250 ■ 6 © LT. P01 BUILDMb '1G' /3\ 01/01/se f: Ka. FIRST FLOOR Z1 /4\ 05 /0-1/ 98 LT. F SANCTUARY 2411 seats • 1/3 ■ 806 07 /02/ 98 BLDCs. OFFICE AREA 5481 of • 1/250 ■ 22 � CLASSROOMS 1081 of • 1/150 ■ 5 /r\ 08 /10/ 98 BLDG. FIRST FLOOR /1 03/21/ 00 WALKS, 8 MUSIC RM. 1229 of • 1/250 ■ 5 � REHERSAL RMS. 646sf • 1/250 ■ 3 /o\ 09/21/ 01 PARKIN CHOIR OFFICE 168 of • 1/250 ■ i IG B42 TOTAL PA WCM RECL 904 ZONIiVt�: EST` MD. BUIL17M: HOUSE OF WORSHIP= 55,689 SF. -- _ -. _... ... .___ -.. CHILDRENS EDUCATION: 16,118 SF. 0 ADULT EDUCATION: 12,193 Sr-. SHEET NO. TOTAL BUILDING AREA: 8500 SF. � �� ■ HOUSE of WORSHIP HEIGHTO- 26' • EAVES OF 34' -b' • MIDPOINT of ROOF 43' -0' • ROOF RIDGE DRAWN BY 82' -0' • STEEPLE HT. Site a DATE 10 , City of P.B. Gardens PROJECT NO. GRvNIH - MANAGEMENT KPARTWNT 1L! 0 ai v 3 rC— 2 v azA N as N, m 33S c age ®0 A® WHO 0 F X =r z ca F o 0 z i VJ.'.ii is {. i AP ON E �mflW7P7N EO07lOB Fellowship s� v M�s�.��-� 6343 talorth Lake Blvd. & Associates, PA Palm Beach*ardom Plexlda 3341H Architects • Planners �1°✓= '%°a�'>s°.��:eF� • razr �•a• enr•�se . "wre. nose, zru . (e +) �n-zm ...�.:,m.n .s �I I I I I N I � I r I I t _ I I / N Z z 7D7�� CA . � D i1 I,� O I'M WHO 0 F X =r z ca F o 0 z i VJ.'.ii is {. i AP ON E �mflW7P7N EO07lOB Fellowship s� v M�s�.��-� 6343 talorth Lake Blvd. & Associates, PA Palm Beach*ardom Plexlda 3341H Architects • Planners �1°✓= '%°a�'>s°.��:eF� • razr �•a• enr•�se . "wre. nose, zru . (e +) �n-zm ...�.:,m.n .s I 0 D � g BK g�9 , 6 MIA P9z gi;gl Ill.; rn I ; i \\( `a`� =—I Z Q o ' O m v 7 4 _ gmci 9. ;V4 �� 4 Palm Heaeh Gardens Christ Fellowship 4 co n1q Ciry Hof P.B. Gardens OeMS MAY, 23 2001 1..,,. 'GNorvIN MANAGEMENT ARTMENT 1r 7 ArctdUeft • F4 mm AS9 "1 AWfAOO flLVp.•vRSi PAW OVfi( MPoM 1.19' (.1}1 792-2757 CORPORCE AMHOHIUTON N . CM 1609 U) 9 m .j U) m r— m m x I Vals Beach Gardens Christ Fellowship city of P.4 Gardems MAY 23 2001 GNtrFVIN MANAGEMENT DEPARTMENT & Aftociates,il PA kch%.4. • p1m.— J_ c CL o WV F— v G �O� �� (A o F- }' Z y LU O U U m *� E N m C N 0 o E V 0 o C C i 0 O 'L 0 0 cCL n yt _ N IM - N � W mo- •L y.. ro� mtoro a z Q U c'n 2 aU -C @ o� 0 tƒ2 � 0-d � 13) - / -a.- ƒ\ƒ \ £ m t tn cn0ko \U@ U 2 E: o �c $ EUy C) a) k LU >% -�E Q ��. £ 4) / 6 LL 0 n E « @ » o 2*-, 0 �® 3 E E �� ��f �/2 F- o q J @ � � � j 3 _•f u) E \ @� 2 2gL) = 2 � �g� E o ._ ¢ £ § 0-.E o @ a) 2 3 �; f o2� U) 2 @ @_ U @ E a) ® m J q / / m C) E U m •U C ao U I— U O L� a to o zz G 3 C � O Cc U 0 w� M t� -W a co � 3 a z Q 5 0 U 6) a r a�i N � 0 = Q C � O U � � Qm +r 1 v C ~ 'E din OM c rn U a m m �=Lo U � � N � c�0 0 0 = � -gyp N N � 7 N o p L � aU H U m •U C a. :03 U I- U m L Q � , O Z CO) cr U o� c m N E a z NL � V aNi L EO V �3 U co U � � U a r (D a� *' E +S+ y N N 0 0 � a c E0E E U 3 C SCE � � N Mh t U C '0 V 0 �7 U ' Q C t �=Lo U � � navE C N •0 'L L :Lj o I E m o E L 0 0 'C E N 0 0 t � aU H U m 'U c CL o' WV I— v O °' L LL -0 Cl) O Z-J O Cc U U C a =� N E N m -a fir a 'vNO� �' � 3 •c L N N a U E 0 CZ C4 C a ' N p 0 L a Z Q U N` aU H 6 U m U � WV ULQ U) O Z N W O O a: U . 4 a. 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V t.9 � 0 0 N W H 11 ti U(D E Zm Q�� Vwcr ri s~ c E E .� o U 3 V E j :3 CL 0 Z ' c ov n n °- a) 'a aa) (D w .� U J_ c a O WV �U O LL iA o H4' z W N 2a) O CC U V � � � y N 0 J C a c E O E U c 6 O .cc a: E t V 3 C n r V cN 0 M C a� z t U N a v C m 'N ca -o , c a V (� C _ '� o � E .L N � 0 E - 0 o = E a z Q U cn a H a Q � � Cl- - s N tJ •- IJ C) ° L o 0 o �► o .> °' - a E ) 1� �' � w JaM � o E CL y N N E 00 j 0.g -0 0 �- LL -a Zj cn I° 2 % ©juca E ow a Q o 0 42 C, - 2 �L m J co -0OU CLI W ' r 2 ` E�o U 7 U - a (D rno E £ l i-L 2 I- a.� 2 f6 C 1 IJ B L O c [i O v) 0 � :3 p 3 v' (D 0 c a Q U co 2 ca U E T , 4 O CL V N 7 CD � c U E C = E U d U CD N Q.,C p L ova C Y _N to 2 OR E r D n h � � Q Z c 'C N N N N a � Q U T , 4 O CL V N 7 CD � c U E C = E U d U CD N Q.,C p L ova C Y _N to 2 OR E r Patricia Snider f From: Altwater, Joan C. [Joan _Altwater @earthtech.com] Sent: Thursday, December 06, 2001 12:33 PM To: Carl Sabatello, Councilman; David Clark, Councilman; Eric Jablin, Vice Mayor; Joseph Russo; Mayor; Lauren Furtado, Councilperson Subject: PUD -01 -03 Importance: High Dear Mayor and City Council Persons: I am personally opposed to any changes in the original Conditions of Approval for PBG Christ Fellowship North Campus. Thank you. Joan Altwater 9180 Cypress Hollow Dr. Palm Beach Gardens, FL 33418 Tel: (561) 626 -4929 E -Mail: jaltwater @prodigy.net December 5, 2001 At the regularly scheduled monthly meeting of the Cypress Hollow Homeowners Association which was held on November 19, 2001, the following motion was submitted: A motion was made and seconded that the current code restrictions relating to the Christ Fellowship Church be maintained as they currently exist. Voted 5 — 0 with one abstention. Respectfully submitted, �j M-x" W- A44-"' Walter H. Pierce, Secretary CHOA - - -- --------------------------------------------------- I support keeping the current restrictions [ ] I support removing / modifying the current restrictions. [ ] Undecided Comments: �,�c�SL \�c5� i� ��0.��� �� "O\e SE'S C k-z) Name (print): Obux>\.-,P� Sign e: Address: 0) d �� (/f I support keeping the current restrictions [ ] I support removing / modifying the current restrictions. — [ ] Undecided Comments: /S �- joaz'���'� /g 1s�✓ �� Name (print): OA / �� � 7q ' ���,�/LC.� Signature: Address: q176 ws/ •�` �l/ - � JIIA�Ja AX -•%JVV kI%JUICVVV.Lt13 Iua:u vi uirccturs represents the community accurately, please complete the survey below and place and return it to Joan Altwater, Vice President & Government Liaison for CHHOA, 9180 Cypress Hollow Dr., PBG or call 626 -4929 to make arrangements to have it picked up. Thank you. - - -- — -------------------------------------------------- [ support keeping the currentt% restrictions [ ] I support removing / modifying the current restrictions. [ ] Undecided Comments: �'� / J Q 6,;, -d G',�d / � /�wo�' fu,- PO V- `4Q4.p C �/J,ar v' kY O6 V' u ) ( Q d � c) J` Gam' *T In r? J P / �ij of VZ 7 Name rint : [ ,l ` j� t-t o- U "IC TORA Gee (P ) V � Signature: � �Z %��� ✓v�" / "--� Address: (71 O 0 G(, PU' ,-' /4(" R&d( O � [ I support keeping the current restrictions [ ] I support removing / modifying the current restrictions. [ ] Undecided Comments: /M c Z— i 1 ,i� C j = =C ,� �v (a S Name (print): 77e-03 K m � �S Signature: -1 Address: ®Z® Cl ! �`s g-O l ja 4o O o- — - ----==------------ I support keeping the current restrictions [ ] I support removing/ modifying the current restrictions. [ ] Undecided n_---, Comments: I Do YYLGI JTS,'P- J-4u. C 1 G t !!Z[24li �1 w Name (print): P-� 14 Owl JS Signature��a �-ri rtl o A . v Address: I support keeping the current restrictions [ ] I support removing / modifying the current restrictions. [ ] Undecided Comments: Name (print): 1 C_k 0_ h-d 12, i+—f 1 Signature: T = Address: �J 0 0 C - 7r G zt� U m '5 c a. 30 WV I— v MOL LJ. � Q Cl) O I N N • I � C •L a N cu 4) a ti 0 E Z 0, m N N 0 .p Q Ry O y1. Ilk VK �a U N � m CL t ++ N y 0 C �a 1 i E U c �m r 0 4J V N 0 M 0�0� J C ' = L U � � o r � U E Nav � L (� J V " C 75 N t N o 0 L .y 0 �} 00 -0 a 0 L F- J .0 dV Lu �U ON W-0 LL Q Z W � d V DC b a c a ti ro a� All J � � � � T 0 I� 3 3 �5 S Q U cn mt o a c o 0 zi�4, a� ' � c ti O V cU� EU o USE o~ v a) � O a) U m E -fit y mH O c IOU) c E Ea 0 m � rn� 0. O o v �- c L m a)Ma)N E cV E a> >+ c Zm0E V v O a0 W H V .rr of y I� "a t as c ly 1; -C � i A t �- ui Z Q; as m m t m O o o a) .O r O, >:g v v E CL to aaiE� L _ m Nww ti E � N m v �, NE CO C�m ✓i 00 FE o o N E A? o°�'m E s 9,9 � rnw � 1 15 m n-o U R Qj E c M a) =ID a) O � O 0 � O a) "0 O > +N. V E — a) y O � N 7 Y N wN, p U c U cm cal), U � l ` E U �_ J C Ur ,E CL v = "_ W� a�U� _ s E O c s d j. 3Q1— N� ov, F- � U) �°' � am E E m E c� �� °' z m .M o t O 0 c S a o Q co � a aa) m a ¢ U cn 2 cu U E Dear Cypress Hollow Resident, Palm Beach Gardens Christ Fellowship is requesting removal of many of the conditions put in place by City Council when they were allowed to build the North Campus. The conditions placed on th e original development were generated by neighborhood concern that the use was too intense for the residential character of the neighborhood. The limits placed on the operations of the church were expressly intended to preserve the residential character of the surrounding community. Christ Fellowship accepted all conditions at the time of the original approval. At the time of the original approval, the city zoning code permitted churches as conditional uses in all residential zoning districts. The zoning code has since been revised to restrict churches with sanctuary seating in excess of 1,000 seats to industrial and commercial zoning districts only. Current Restrictions 1. Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any other type of transportation service between the north and south campuses shall cease. 2. The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall not be leased, rented or in any way be made available for use as an auditorium, theater or similar gathering place for non - member events of any kind. Regularly scheduled services shall be defined as services occurring on Saturday evening, Sunday morning, and a mid -week evening. 3. The owner or successor shall not utilize a loudspeaker,. sound amplifier, radio, phonograph, or similar sound amplifying device to emit any form of sound outside the church sanctuary and related facilities. 4. The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750 seats. 5. Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary. 6. Simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any remote location, on -site or off -site, shall be prohibited. Christ Fellowship has requested that all of the restrictions listed above be removed. The city staff has done an analysis and has recommended that items 1, 3, 4 and 6 be removed. They are recommending a modification to item two that would allow unlimited special events. You can contact the City of Palm Beach Gardens Planning & Zoning Department at 799 -4243 if you would like more information. Ask for the staff report on Petition PUD -01 -03 Christ Fellowship PUD Amendment. A Public Hearing will be held on Thursday, December 6, 2001, 7pm to address these issues. You can verify the agenda on the city web site (http: / /ci.palm- beach- gardens.fl.us/home.html) or by contacting the city at 799 -4120. Any member of the public is entitled to speak to the council for three minutes at this hearing. You must complete and submit a form prior to the meeting if you wish to speak. You may also give your time to another person. I encourage you to attend this meeting. You can also contact the members of the city council and make sure they know your views on the proposed changes: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Phone: 799 -4100 Joe Russo, Mayor jrusso@ci.oalm-beach-gardens.fl.us Eric Jablin, Vice Mayor e'ablin ci. alm- beach - ardens.fl.us David Clark, Councilman dclark@ci.paim-beach-gardens.fl.us Lauren Furtado, Councilman cfurtado ci. alm- beach - ardens.fl.us Carl Sabatello, Councilman I csabatello@ci.palm-beach-gardens.fl.us To ensure that the Cypress Hollow Homeowners Board of Directors represents the community accurately, please complete the survey below and place and return it to Joan Altwater, Vice President & Government Liaison for CHHOA, 9180 Cypress Hollow Dr., PBG or call 626 -4929 to make arrangements to have it picked up. Thank you. -------------------------------------------------------------------- - - - - -- I support ekeeping the current restrictions [ ] I support removing / modifying the current restrictions. [ ] Undecided Comments: r"e CU%�x Gu.. cur'`Y arc Y- �C.,4-¢ ��. �iyGCPivN�'lYU �U��Z ��zz�tH� �2JiruA��, - : Name (print): WilliQrq • FLE Juliana 7, FIEG< Signature: Address: 7og3 LX'a0651- bllarJtx Dear Cypress Hollow Resident, Palm Beach Gardens Christ Fellowship is requesting removal of many of the conditions put in place by City Council when they were allowed to build the North Campus. The conditions placed on the original development were generated by neighborhood concern that the use was too intense for the residential character of the neighborhood. The limits placed on the operations of the church were expressly intended to preserve the residential character of the surrounding community. Christ Fellowship accepted all conditions at the time of the original approval. At the time of the original approval, the city zoning code permitted churches as conditional uses in all residential zoning districts. The zoning code has since been revised to restrict churches with sanctuary seating in excess of 1,000 seats to industrial and commercial zoning districts only. Current Restrictions 1. Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the nord% an pus of Christ Fellowship, shuttle bus or any other type of transportation service between the north and south campuses shall cease. 2. The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall not be leased, rented or in any way be made available for use as an auditorium, theater or similar gathering place for non - member events of any kind. Regularly scheduled services shall be defined as services occurring on Saturday evening, Sunday morning, and a mid -week evening. 3. The owner or successor shall not utilize a loudspeaker, sound amplifier, radio, phonograph, or similar sound amplifying device to emit any form of sound outside the church sanctuary and related facilities. 4. The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750 seats. 5. Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary. 6. Simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any remote location, on -site or off -site, shall be prohibited. Christ Fellowship has requested that all of the restrictions listed above be removed. The city staff has Aone ran_analysl.s. _ and has-recommended. that items 1, 3; 4 and 6 be removed: They are recommending a modification to item two that would allow unlimited special events. You can contact the City of Palm Beach Gardens Planning & Zoning Department at 799 -4243 if you would like more information. Ask for the staff report on Petition PUD -01 -03 Christ Fellowship PUD Amendment. A Public Hearine will be held on Thursday, December 6, 2001, 7pm to address these issues. You can verify the agenda on the city web site (http: / /ci.palm- beach- gardens.fl.us/home.html) or by contacting the city at 799 -4120. Any member of the public is entitled to speak to the council for three minutes at this hearing. You must complete and submit a form prior to the meeting if you wish to speak. You may also give your time to another person. I encourage you to attend this meeting. You can also contact the members of the city council and make sure they know your views on the proposed changes: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens; Florida 33410- Phone: 799 -4100 Joe Russo, Mayor jrusso@ci.palm-beach-gardens.fl.us Eric Jablin, Vice Mayor e'ablin ci. alm- beach - ardens.fl.us David Clark, Councilman dclark ci. alm- beach - ardens.fl.us Lauren Furtado, Councilman cfurtado oi: aifti4Y ach- ardens.fl.ur. Carl Sabatello, Councilman 1 csabatello ci. alm- beach - ardens.fl.us To ensure that the Cypress Hollow Homeowners Board of Directors represents . the community accurately, please complete the survey below and place and return it to Joan Altwater, Vice President & Government Liaison for CHHOA, 9180 Cypress Hollow Dr., PBG or call 626 -4929 to make arrangements to have it picked up. Thank you. I support keeping the current restrictions [ ] I support removing / modifying the current restrictions. [ ]Undecided: Comments: 1 pi,4STP,e 4), / ILLS //?�� 1 G4TL''%0 /5/61 P,/C ,%V h11&X49d91 Name (print): lr9'� 12 Signature: Address: Jo (35y -?3q-(V v Dear Cypress Hollow Resident, Palm Beach Gardens Christ Fellowship is requesting removal of many of the conditions put in place by City Council when they were allowed to build the North Campus. The conditions placed on the original development were generated by neighborhood concern that the use was too intense for the residential character of the neighborhood. The limits placed on the operations of the church were expressly intended to preserve the residential character of the surrounding community. Christ Fellowship accepted all conditions at the time of the original approval. At the time of the original approval, the city zoning code permitted churches as conditional uses in all residential zoning districts. The zoning code has since been revised to restrict churches with sanctuary seating in excess of 1,000 seats to industrial and commercial zoning districts only. Current Restrictions 1. Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any other type of transportation service between the north and south campuses shall cease. 2. The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall not be leased, rented or in any way be made available for use as an auditorium, theater or similar gathering place for non - member events of any kind. Regularly scheduled services shall be defined as services occurring on Saturday evening, Sunday morning, and a mid -week evening. 3. The owner or successor shall not utilize a loudspeaker, sound amplifier, radio, phonograph, or similar sound amplifying device to emit any form of sound outside the church sanctuary and related facilities. 4. The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750 seats. 5. Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary. 6. Simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any remote location, on -site or off-site, shall be prohibited. Christ Fellowship has requested that all of the restrictions listed above be removed. The city staff has done an analysis and has recommended that items 1, 3, 4 and 6 be removed. They are recommending a modification to item two that would allow unlimited special events. You can contact the City of Palm Beach Gardens Planning & Zoning Department at 7994243 if you would like more information. Ask for the staff report on Petition PUD -01 -03 Christ Fellowship PUD Amendment. A Public HearinL7 will be held on Thursday, December 6, 2001, 7pm to address these issues. You can verify the agenda on the city web site (http: / /ci.palm- beach- gardens.fl.us/home.html) or by contacting the city at 799 -4120. Any member of the public is entitled to speak to the council for three minutes at this hearing. You must complete and submit a form prior to the meeting if you wish to speak. You may also give your time to another person. I encourage you to attend this meeting. You can also contact the members of the city council and make sure they know your views on the proposed changes: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Phone: 799 -4100 Joe Russo, Mayor jrusso(@,ci.palm-beach-gardens.fl.us Eric Jablin, Vice Mayor ejablin@ci.paim-beach-gardens.fl.us David Clark, Councilman dclark ci. alm- beach - ardens.fl.us Lauren Furtado, Councilman cfurtado(@,ci.palm-beach-gardens.fl.us Carl Sabatello, Councilman I csabatello@ci.pahn-beach-gardens.fl.us To ensure that the Cypress Hollow Homeowners Board of Directors represents the community accurately, please complete the survey below and place and return it to Joan Altwater, Vice President & Government Liaison for CHHOA, 9180 Cypress Hollow Dr., PBG or call 626 -4929 to make arrangements to have it picked up. Thank you. support keeping the current restrictions [ ] I support removing / modifying the current restrictions. Comments: —74e ,re s-Ir iC1 ,,, S //V oev'5r2 —ro 1�eeI2 . -4e. Name (print)) e% ,q A/ (4 tAt G 4 e Y Address: q) f IS 0 C X�I CS� 146 Ile,,) XIVC "A61 eelPp [ ] Undecided , - Wf Signature: Dear Cypress Hollow Resident, Palm Beach Gardens Christ Fellowship is requesting removal of many of the conditions put in place by City Council when they were allowed to build the North Campus. The conditions placed on the original development were generated by neighborhood concern that the use was too intense for the residential character of the neighborhood. The limits placed on the operations of the church were expressly intended to preserve the residential character of the surrounding community. Christ Fellowship accepted all conditions at the time of the original approval. At the time of the original approval, the city zoning code permitted churches as conditional uses in all residential zoning districts. The zoning code has since been revised to restrict churches with sanctuary seating in excess of 1,000 seats to industrial and commercial zoning districts only. Current Restrictions 1. Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any other type of transportation service between the north and south campuses shall cease. 2. The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall not be leased, rented or in any way be made available for use as an auditorium, theater or similar gathering place for non - member events of any kind. Regularly scheduled services shall be defined as services occurring on Saturday evening, Sunday morning, and a mid -week evening. 3. The owner or successor shall not utilize a loudspeaker, .sound amplifier, radio, phonograph, or similar sound amplifying device to emit any form of sound outside the church sanctuary and related facilities. 4. The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750 seats. 5. Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary. 6. Simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any remote location, on -site or off -site, shall be prohibited. Christ Fellowship has requested that all of the restrictions listed above be removed. The city staff has done an analysis and has recommended that items 1, 3, 4 and 6 be removed. They are recommending a modification to item two that would allow unlimited special events. You can contact the City of Palm Beach Gardens Planning & Zoning Department at 799 -4243 if you would like more information. Ask for the staff report on Petition PUD -01 -03 Christ Fellowship PUD Amendment. A Public Hearinn will be held on Thursday, December 6, 2001, 7pm to address these issues. You can verify the agenda on the city web site (http: / /ci.palm- beach- gardens.fl.us/home.htmi) or by contacting the city at 799 -4120. Any member of the public is entitled to speak to the council for three minutes at this hearing. You must complete and submit a form prior to the meeting if you wish to speak. You may also give your time to another person. I encourage you to attend this meeting. You can also contact the members of the city council and make sure they know your views on the proposed changes: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Phone: 799 -4100 Joe Russo, Mayor 'russo ci. alm- beach- ardens.fl.us Eric Jablin, Vice Mayor jablin@ci.palm-beach-gardens.fl.us David Clark, Councilman dclark ci. alm- beach- ardens.fl.us Lauren Furtado, Councilman cfintado@ci.palm-beach-gardens.fl.us Carl Sabatello, Councilman csabatello@ci.palm-beach-gardens.fl.us To ensure that the Cypress Hollow Homeowners Board of Directors represents the community accurately, please complete the survey below and place and return it to Joan Altwater, Vice President & Government Liaison for CHHOA, 9180 Cypress Hollow Dr., PBG or call 626 -4929 to make arrangements to have it picked up. Thank you. ------------------------------------------------------------------------ ftsupport keeping the current restrictions [ ] I support removing / modifying the current restrictions. [ ] Undecided Comments: HO) ) - t N C t b 1-fN 7­�, 0 7 'l e tJ ' - "c-Lri 01= F " (3y A()_�QI)_P'ivy `£ rAP15 _�_IPP) N1 C' Qkft 0'P 1 ^A-CfL -1` y, Name (print): 10 A N A L T W l} L)► Signature: h-A A _ 01L- /Z . -IJ- Address: 9 l �D C v p�k CSS H n L Li: X i h f P L' Cam- F L- 3 3 4/[..$' Dear Cypress Hollow Resident, Palm Beach Gardens Christ Fellowship is requesting removal of many of the conditions put in place -by City Council when they were allowed to build the North Campus. The conditions placed on the original development were generated by neighborhood concern that the use .was too intense for the residential character of the neighborhood. The limits placed on the operations of the church were expressly jntended to preserve the residential character of the surrounding community. Christ Fellowship accepted all condition .s at the time of the original approval. At the time of the original approval, the city zoning code permitted churches as conditional uses in all residential zoning, districts. The zoning code has since been revised to restrict chu ches w_ ith sanctuary seating in excess of 1,000 seats-to industrial and commercial zoning districts only. Current Restrictions 1- Immediately upon, the issuance of the fast Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any other type of transportation service between the north and south campuses shall cease. 2. The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall not be leased, rented or in any way be made available for use as an auditorium, theater or similar gathering place for non - member events of any kind. Regularly scheduled services shall be defined as services occurring on Saturday evening, Sunday morning, and a mid -week evening. 3. The owner or successor shall not utilize a loudspeaker, sound amplifier, radio, phonograph, or similar sound amplifying device to emit any form of sound outside the church sanctuary and related facilities. 4. The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750 seats. 5. Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary. 6. Simultaneous broadcasts of presentations, programs wid sermons conducted in the .Sanctuary to any rsmcte .jocationy ._ _- - U, =site or oft-ske," shall be prohRbi'te : Christ Fellowship has requested that all of the restrictions listed above be removed. The city staff has done an analysis and has recommended that items 1, 3, 4 and 6 be removed. They are recommending a modification to item two that would allow unlimited special events. You can contact the City of Palm Beach Gardens Planning & Zoning Department at 799 -4243 if you would like more information. Ask for the staff report on Petition PUD -01 -03 Christ Fellowship PUD Amendment. A Public Hearing will be held on Thursday, December 6, 2001, 7pm to address these issues, You can verify the agenda on the city web site (http://ci.palm-beach-gardens.fl.us/honie.html) or by contacting the city at 7994120. Any member of the public is entitled to speak to the council for three minutes at this hearing. You must complete and submit a form prior to the meeting if you wish to speak. You may also give your time to another person. I encourage you to attend this meeting. You can also contact the members of the city council and make sure they know your views on the proposed changes: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Phone: 799 -4100 Joe Russo, Mayor 'russo @ci.palm- beach - gardens.fl.us Eric Jablin, Vice Mayor ejablin@ci.palm-beach-gardEns.fl.us David Clark, Councilman delark @ ci.palm- beach - gardens.fl.us Lauren Furtado, Councilman cfiu•tado ci. alm- beach - ardens.fl.us Carl Sabatello, Councilman csabatello ci. alm- beach - ardens.fl.us To ensure that the Cypress Hollow Homeowners Board of Directors represents the community accurately, please complete the survey below and place and return it to Joan Altwater, Vice President & Government Liaison for CHHOA, 9180 Cypress Hollow Dr., PBG or call 626 -4929 to make arrangements to have it picked up. Thank you. XI support keeping the current restrictions [ ] I support removing / modifying the current restrictions. Comments: 00 Ck Name (print): (�n kl'c C\� Cl- Address: �;� ` Ct' Ote SS C I Signature: P K6 �r [ ] Undecided Dear Cypress Hollow Resident, Palm Beach Gardens Christ Fellowship is requesting removal of many of the conditions put in place by City Council when they were allowed to build the North Campus. The conditions placed on the original development were generated by neighborhood concern that the use was too intense for the residential character of the neighborhood. The limits placed on the operations of the church were expressly intended to preserve the residential character of the surrounding community. Christ Fellowship accepted all conditions at the time of the original approval. At the time of the original approval, the city zoning code permitted churches as conditional uses in all residential zoning districts. The zoning code has since been revised to restrict churches with sanctuary seating in excess of 1,000 seats to industrial and - commercial zoning- districts - only: _- .___- ...____..._. -..- �_----- ___---- . - - - - -_ _----------- _---- - - - - -- _---- ._ - - -- _ -__ -- Current Restrictions 1. Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any other type of transportation service between the north and south campuses shall cease. 2. The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including, services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall not be leased, rented or in any way be made available for use as an auditorium, theater or similar gathering place. for non - member events -of any kin1 Regularly scheduled services shall be defined as services occurring on Saturday evening, Sunday morning, and a— mid -week evening. 3. The owner or successor shall not utilize a loudspeaker, sound amplifier, radio, phonograph, or similar sound amplifying device to emit any form of sound outside the church sanctuary and related facilities. 4. The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750 seats. 5. Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary. 6. Simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any remote location, on -site or off -site, shall be prohibited. Christ Fellowship has requested that all of the restrictions listed above be removed. The city staff has done an analysis and has recommended that items 1, 3, 4 and 6 be removed. They are recommending a modification to item two that would allow unlimited special events. You can contact the City of Palm Beach Gardens Planning & Zoning Department at 799 -4243 if you would like more information. Ask for the staff report on Petition PUD -01 -03 Christ Fellowship PUD Amendment. A Public Hearine will be held on Thursday, December 6, 2001, 7pm to address these issues. You can verify the agenda on the city - web site (http: / /ci.paim- beach- gardens.fl.us/home.htmi) or by contacting the city at 799 -4120. Any member of the public is entitled to speak to the council for three minutes at this hearing. You must complete and submit a form prior to the meeting if you wish to, speak. You may also give your time to another person. I encourage you to attend this meeting. You can also contact the members of the city council and make sure they know your views on the proposed changes: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Phone: 799 -4100 Joe Russo, Mayor 'russo ci. alm- beach - ardens.fl.us Eric Jablin, Vice Mayor e'a in@ci.palm-beach-gardens.fl.us David Clark, Councilman dclark ci. alm- beach - ardens.fl.us Lauren Furtado, Councilman cfurtado ci. alm- beach - ardens.fl.us Carl Sabatello, Councilman I cabbatello ci. alm- beach - ardens.fl.us To ensure that the Cypress Hollow Homeowners Board of Directors represents the community accurately, please complete the survey below and place and return it to Joan Altwater, Vice President & Government Liaison for CHHOA, 9180 Cypress Hollow Dr., PBG or call 626 -4929 to make arrangements to have it picked up. Thank you. -------------------------------------------------------------------------- X11support keeping the current restrictions [ ] I support removing / modifying the current restrictions. [ ] Undecided Comments: Name (print): VE. Uo ici� 6tA- -pFc*( b Signature: /)I Address: I I C �ir&Ss 4))JA, ?(2 - .%'j . r l_ Dear Cypress Hollow Resident, Palm Beach Gardens Christ Fellowship is requesting removal of many of the conditions put in place by City Council when they were allowed to build the North Campus. The conditions placed on the original development were generated by neighborhood concern that the use was too intense for the residential character of the neighborhood. The limits placed on the operations of the church were expressly intended to preserve the residential character of the surrounding community. Christ Fellowship accepted all conditions at the time of the original approval. At the time of the original approval, the city zoning code permitted churches as conditional uses in all residential zoning districts. The zoning code has since been revised to restrict churches with sanctuary seating in excess of 1,000 seats to industrial and commercial zoning districts only. Current Restrictions 1. Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any other type of transportation service between the north and south campuses shall cease. 2. The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall not be leased, rented or in any way be made available for use as an auditorium, theater or similar gathering place for non - member events of any kind. Regularly scheduled services shall be defined as services occurring on Saturday evening, Sunday morning, and a mid -week evening. 3. The owner or successor shall not utilize a loudspeaker, sound amplifier, radio, phonograph, or similar sound amplifying device to emit any form of sound outside the church sanctuary and related facilities. 4. The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750 seats. 5. Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary. 6. Simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any remote location, on -site or off -site, shall be prohibited. Christ Fellowship has requested that all of the restrictions listed above be removed. The city staff has done an analysis and has recommended that items 1, 3, 4 and 6 be removed. - They are recommending a modification to item two that would allow unlimited special events. You can contact the City of Palm Beach Gardens Planning & Zoning Department at 799 -4243 if you would like more information. Ask for the staff report on Petition PUD -01 -03 Christ Fellowship PUD Amendment. A Public Hearing will be held on Thursday, December 6, 2001, 7pm to address these issues. You can verify the agenda on the city web site (http: / /ci.palm- beach- gardens.fl.us/home.htmi) or by contacting the city at 799 -4120. Any member of the public is entitled to speak to the council for three minutes at this hearing. You must complete and submit a form prior to the meeting if you wish to speak. You may also give your time to another person. I encourage you to attend this meeting. You can also contact the members of the city council and make sure they know your views on the proposed changes: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Phone: 799 -4100 Joe Russo, Mayor 'russo ci. alm- beach - ardens.fl.us Eric Jablin, Vice Mayor ejablin@ci.paim-beach-gardens.fl.us David Clark, Councilman dclark ci. alm- beach - ardens.fl.us Lauren Furtado, Councilman cfurtado ci. alm- beach - ardens.fl.us Carl Sabatello, Councilman I cabbatello ci. alm- beach - ardens.fl.us To ensure that the Cypress Hollow Homeowners Board of Directors represents the community accurately, please complete the survey below and place and return it to Joan Altwater, Vice President & Government Liaison for CHHOA, 9180 Cypress Hollow Dr., PBG or call 626 -4929 to make arrangements to have it picked up. Thank you. -------------------------------------------------------------------------- Xsupport keeping the current restrictions [ ] I support removing / modifying the current restrictions. [ ] Undecided Comments: Name (print)�'S0. v\Av-a _ 1 , \_I Q U_ 0 o k Signatur . _ /0 , N Address: �C-/ 7 v Dear Cypress Hollow Resident, Palm Beach Gardens Christ Fellowship is requesting removal of many of the conditions put in place by City Council when they were allowed to build the North Campus. The conditions placed on the original development were generated by neighborhood concern that the use was too intense for the residential character of the neighborhood. The limits placed on the operations of the church were expressly intended to preserve the residential character of the surrounding community. Christ Fellowship accepted all conditions at the time of the original approval. At the time of the original approval, the city zoning code permitted churches as conditional uses in all residential zoning districts. The zoning code has since been revised to restrict churches with sanctuary seating in excess of 1,000 seats to industrial and commercial zoning districts only. Current Restrictions 1. Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any other type of transportation service between the north and south campuses shall cease. 2. The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall not be leased, rented or in any way be made available for use as an auditorium, theater or similar gathering place for non - member events of any kind. Regularly scheduled services shall be defined as services occurring on Saturday evening, Sunday morning, and a mid -week evening. 3. The owner or successor shall not utilize a loudspeaker, sound amplifier, radio, phonograph, or similar sound amplifying device to emit any form of sound outside the church sanctuary and related facilities.. 4. The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750 seats. 5. Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary. 6. Simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any remote location, on -site or off -site, shall be prohibited. Christ Fellowship has requested that all of the restrictions listed above be removed. The city staff has done an analysis and has recommended that items 1, 3, 4 and 6 be removed. They are recommending a modification to item two that would allow unlimited special events. You can contact the City of Palm Beach Gardens Planning & Zoning Department at 799 -4243 if you would like more information. Ask for the staff report on Petition PUD -01 -03 Christ Fellowship PUD Amendment. A Public Hearinn will be held on Thursday, December 6, 2001, 7pm to address these issues. You can verify the Agenda on the city web site (http: / /ci.palm- beach - gardens.fl.us/home.html) or by contacting the city at 7994120. Any member of the public is entitled to speak to the council for three minutes at this hearing. You must complete and submit a form prior to the meeting if you wish to speak. You may also give your time to another person. I encourage you to attend this meeting. You can also contact the members of the city council and make sure they know your views on the proposed changes: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Phone: 799 -4100 Joe Russo, Mayor 'russo ci. aim- beach - ardens.fl.us Eric Jablin, Vice Mayor e'ablin ci. alm- beach- ardens.fl.us David Clark, Councilman dclark@ci.palm-beach-gardens.fl.us Lauren Furtado, Councilman cfurtado@ci.palm-beach-gardens.fl.us Carl Sabatello, Councilman 1 csabatello@ci.palm-beach-gardens.fl.us To ensure that the Cypress Hollow Homeowners Board of Directors represents the community accurately, please complete the survey below and place and return it to Joan Altwater, Vice President & Government Liaison for CHHOA, 9180 Cypress Hollow Dr., PBG or call 626 -4929 to make arrangements to have it picked up. Thank you. -------------------------------------------------------------------------- AI support keeping the current restrictions [ ] I support removing / modifying the current restrictions. [ ] Undecided Comments: Name (print): N A N L j S u-7c, Signature: Address: � 22U C'(e re-S S Oc) CL0c- - _D Q_. ? 3,3it9 Dear Cypress Hollow Resident, Palm Beach Gardens Christ Fellowship is requesting removal of many of the conditions put in place by City Council when they were allowed to build the North Campus. The conditions placed on the original development were generated by neighborhood concern that the use was too intense for the residential character of the neighborhood. The limits placed on the operations of the church were expressly intended to preserve the residential character of the surrounding community. Christ Fellowship accepted all conditions at the time of the original approval. At the time of the original approval, the city zoning code permitted churches as conditional uses in all residential zoning districts. The zoning code has since been revised to restrict churches with sanctuary seating in excess of 1,000 seats to industrial and commercial zoning districts only. Current Restrictions 1. Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any other type of transportation service between the north and south campuses shall cease. 2. The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall not be leased, rented or in any way be made available for use as an auditorium, theater or similar gathering place for non - member events of any kind. Regularly scheduled services shall be defined as services occurring on Saturday evening, Sunday morning, and a mid -week evening. 3. The owner or successor shall not utilize a loudspeaker, sound amplifier, radio, phonograph, or similar sound amplifying device to emit any form of sound outside the church sanctuary and related facilities. 4. The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750 seats. 5. Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary. 6. Simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any remote location, on -site or off -site, shall be prohibited. Christ Fellowship has requested that all of the restrictions listed above be removed. The city staff has done an analysis and has recommended that items 1, 3, 4 and 6 be removed. They are recommending a modification to item two that would allow unlimited special events. You can contact the City of Palm Beach Gardens Planning & Zoning Department at 799 -4243 if you would like more information. Ask for the staff report on Petition PUD -01 -03 Christ Fellowship PUD Amendment. A Public Hearine will be held on Thursday, December 6, 2001, 7pm to address these issues. You can verify the agenda on the city web site (http: / /ci.palm- beach- gardens.fl.us/home.html) or by contacting the city at 799 -4120. Any member of the public is entitled to speak to the council for three minutes at this hearing. You must complete and submit a form prior to the meeting if you wish to speak. You may also give your time to another person. I encourage you to attend this meeting. You can also contact the members of the city council and make sure they know your views on the proposed changes: City of Palm Beach Gardens 10500 North; Military Trail Palm Beach Gardens, Florida 33410 Phone: 799-4 100 I Joe Russo, Mayor jrusso@ci.palm-beach-gardens.fl.us Eric Jablin, Vice Mayor eiablin@ci.paim-beach-gardens.fl.us David Clark, Councilman dclark ci; alm- beach - ardens.fl.us Lauren Furtado, Councilman cfurtado ci. alm- beach - ardens.fl.us Carl Sabatello, Councilman csabat6llo@ci.palm-beach-gardens.fl.us To ensure that the Cypress Hollow Homeowners Board of Directors represents the community accurately, please complete the survey below and place and return it to Joan Altwater, Vice President & Government Liaison for CHHOA, 9180 Cypress Hollow Dr., PBG or call 626 -4929 to make arrangements to have it picked up. Thank you. -------------------------------------------------------------------- - - - - -. I support keeping the current restrictions [ ] I support removing / modifying the current restrictions. [ ] Undecided Comments: Name (print)- U Address: '591V D /7"//,',J Pr PB G'- �'l 3-507 /V , i Dear Cypress Hollow Resident, Palm Beach Gardens Christ Fellowship is requesting removal of many of the conditions put in place by City Council when they were allowed to build the North Campus. The conditions placed on the original development were generated by neighborhood concern that the use was too intense for the residential character of the neighborhood. The limits placed on the operations of the church were expressly intended to preserve the residential character of the surrounding community. Christ Fellowship accepted all conditions at the time of the original approval. At the time of the original approval, the city zoning code permitted churches as conditional uses in all residential zoning districts. The zoning code has since been revised to restrict churches with sanctuary seating in excess of 1,000 seats to industrial and commercial zoning districts only. Current Restrictions 1. Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any other type of transportation service between the north and south campuses shall cease. 2. The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall not be leased, rented or in any way be made available for use as an auditorium, theater or similar gathering place for non - member events of any kind. Regularly scheduled services shall be defined as services occurring or_ Saturday evening, Sunday morning, and a mid -week evening. 3. The owner or successor shall not utilize a loudspeaker, sound amplifier, radio, phonograph, or similar sound amplifying device to emit any form of sound outside the church sanctuary and related facilities. 4. The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750 seats. 5. Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary. 6. Simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any remote location, on -site or off -site, shall be prohibited. Christ Fellowship has requested that all of the restrictions listed above be removed. The city staff has done an analysis and has recommended that items 1, 3, 4 and 6 be removed. They are recommending a modification to item two that would allow unlimited special events. You can contact the City of Palm Beach Gardens Planning & Zoning Department at 799 -4243 if you would like more information. Ask for the staff report on Petition PUD -01 -03 Christ Fellowship PUD Amendment. A Public Hearine will be held on Thursday, December 6, 2001, 7pm to address these issues. You can verify the agenda on the city web site (http: / /ci.palm- beach - gardens.fl.us/home.html) or by contacting the city at 7994120. Any member of the public is entitled to speak to the council for three minutes at this hearing. You must complete and submit a form prior to the meeting if you wish to speak. You may also give your time to another person. I encourage you to attend this meeting. You can also contact the members of the city council and make sure they know your views on the proposed changes: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Phone: 799 -4100 Joe Russo, Mayor 'russo ci. alm- beach - ardens.fl.us Eric Jablin, Vice Mayor e'ablin ci. alm- beach - ardens.fl.us David Clark, Councilman dclark ci. alm- beach - ardens.fl.us Lauren Furtado, Councilman cfurtado ci. alm- beach - ardens.fl.us Carl Sabatello, Councilman 1 cabbatello ci. alm- beach - ardens.fl.us To ensure that the Cypress Hollow Homeowners Board of Directors represents the community accurately, please complete ,tke survey below and place and return it to Joan Altwater, Vice President & Government Liaison for CHHOA, 9180 ress Hollow Dr., PBG or call 626 -4929 to make arrangements to have it picked up. Thank you. ---1 "support keeping the current restrictions [ ] I support removing / modifying the current restrictions. [ ] Undecided Comments: Name (print): n �f Address: /0 /7' tin (, c /� %% Si atur t Dear Cypress Hollow Resident, Palm Beach Gardens Christ Fellowship is requesting removal of many of the conditions put in place by City Council when they were allowed to build the North Campus. The conditions placed on the original development were generated by neighborhood concern that the use was too intense for the residential character of the neighborhood. The limits placed on the operations of the church were expressly intended to preserve the residential character of the surrounding community. Christ Fellowship accepted all conditions at the time of the original approval. At the time of the original approval, the city zoning code permitted churches as conditional uses in all residential zoning districts. The zoning code has since been revised to restrict - churches with sanctuary seating in excess of 1,000 seats to ,industrial and commercial zoning districts only. Current Restrictions 1. Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ _ Fellowship, shuttle bus or any other type of transportation service between the north and south campuses shall cease. 2. The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall not be leased, rented or in any way be made available for use as an auditorium, theater or similar gathering place for non - member events of any kind. Regularly scheduled services shall be defined as services occurring on Saturday evening, Sunday morning, and a mid -week evening. 3. The owner or successor shall not utilize a loudspeaker, sound amplifier, radio, phonograph, or similar sound amplifying device to emit any form,of sound outside the church sanctuary and related facilities. 4. The number of fixed and/or moveable, seats within the sanctuary shall at no time exceed 1,750 seats. 5. ° Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary. 6. Simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any remote location, on -site or off -site, shall be prohibited. Christ Fellowship has requested that all of the restrictions listed above be removed. The city staff has done an analysis and has recommended that items 1; 3, 4 and 6 be removed. They are recommending a modification to item two that would allow unlimited special events. You can contact the City of Palm Beach Gardens Planning & Zoning Department at 799 -4243 if you would like more information. Ask for the staff report on Petition PUD -01 -03 Christ Fellowship PUD Amendment. A Public Hearinn will be held on Thursday, December 6, 2001, 7pm to address these issues. You can verify the agenda on the city web site (http: / /ci.palm- beach- gardens.fl.us/home.htm]) or by contacting the city at 799 -4120. Any member of the public is entitled to speak tto the council for three minutes at this hearing. You must complete and submit a form prior to the meeting if you wish to speak. You may also give your time to another person. I encourage you to attend S�P this meeting. You can also contact the members of the city council and make sure they know your views on the proposed changes: City of Palm Beach Gardens 10500 North Military Trail l`..Im Beach Gardens, Florida 33410 Phone: 799 -41`00 Joe Russo, Mayor jrusso(aci.palm- beach- gardens.fl.us Eric Jablin, Vice Mayor e'ablin ci. alai- beach - ardens.fl.us David Clark, Councilman dclark ci. alm- beach - ardens.fl.us Lauren Furtado, Councilman cfurtado ci.p alm- beach - ardens.fl.us Carl Sabatello, Councilman csabatello@ci.palm-beach-gardens.fl.us To ensure that the Cypress Hollow Homeowners Board of Directors represents the community accurately, please /gomplete the survey below and place and return it to Joan Altwater, Vice President & Government Liaison for CHHOA, 180 G ress Hollow Dr., PBG or call 626 -4929 to make arrangements to have it picked up. Thank you. ---------------------------------------------------- - - - - -- - - - - -- - - - - -- fmCments.support ke eping the current restrictions [ ] I support removing / modifying the current restrictions. [ ] Undecided Name (print): � P X1y'l�''C'Y ` 4 l p Address: Up��` Signature: `PAC Ala .3 r c6' Dear Cypress Hollow Resident, Palm Beach Gardens Christ Fellowship is requesting removal of many of the conditions put in place by City Council when they were allowed to build the North Campus. The conditions placed on the original development were generated by neighborhood concern that the use was too intense for the residential character of the neighborhood. The limits placed on the operations of the church were expressly intended to preserve the residential character of the surrounding community. Christ Fellowship accepted all conditions at the time of the original approval. At the time of the original approval, the city zoning code permitted churches as conditional uses in all residential zoning districts. The zoning code has since been revised to restrict churches with sanctuary seating in excess of 1,000 seats to industrial and commercial zoning districts only. Current Restrictions 1. Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fel ?owship, shuttle bus or any other type of transportation service between the north and south campuses shall cease. 2. The church sanctuary and. related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall not be leased, rented or in any way be made available for use as an auditorium, theater or similar gathering place for non - member events of any kind. Regularly scheduled services shall be defined as services occurring on Saturday evening, Sunday morning, and a mid -week evening. 3. The owner or successor shall not utilize a loudspeaker, sound amplifier, radio, phonograph, or similar sound amplifying device to emit any form of sound outside the church sanctuary and related facilities. 4. The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750 seats. 5. Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary. 6. Simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any remote location, on -site or off -site, shall be prohibited. Christ Fellowship has requested that all of the restrictions listed above be removed. The city staff has done an analysis and has recommended that items 1, 3, 4 and 6 be removed: They are recommending -a inodification to item two that would allow unlimited special events. You can contact the City of Palm Beach Gardens Planning & Zoning Department at 799 -4243 if you would like more information. Ask for the staff report on Petition PUD -01 -03 Christ Fellowship PUD Amendment. A Public Hearing will be held on Thursday, December 6, 2001, 7pm to address these issues. You can verify the agenda on the city web site (http: / /ci.palm- beach- gardens.fl.us/home.htmi) or by contacting the city at 799 -4120. Any member of the public is entitled, to speak to the council for three minutes at this hearing. You must complete and submit a form prior to the meeting if you wish to speak. You may also give your time to another person. I encourage you to attend this meeting. You can also contact the members of the city council and make sure they know your views on the proposed changes: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Phone: 799 -4100 Joe Russo, Mayor 'russo ci. alm- beach - ardens.fl.us Eric Jablin, Vice Mayor e'ablin ci. alm- beach - ardens.fl.us David Clark, Councilman Lauren Furtado, Councilman dclark ci.palm- beach- gardens.fl.us cfurtado ci. palm- beach- ardens.fl.us Carl Sabatello, Councilman caabatello ci. alm- beach - ardens.fl.us To ensure that the Cypress Hollow Homeowners Board of Directors represents the community accurately, please complete the survey below and place and return it to Joan Altwater, Vice President & Government Liaison for CHHOA, 9180 Cypress Hollow Dr., PBG or call' 626 -4929 to make arrangements to have it picked up. Thank you: --------------------------------------------------------•--------------- "c /-I I support keeping the current restrictions [ ] I support removing / modifying the current restrictions, [ ] Undecided !!Comments: C/f R i 7� r� /� c.� S�j �� �j v lea �`1 l% �Y !c?�'� i Name (print): �f' �c t/ w . ��> i� Signature: Address: %��t!% l ����� l _UlL- 1' /-� �S, Fi v Dear Cypress Hollow Resident, Palm Beach Gardens Christ Fellowship is requesting removal. of many of the conditions put in place by City Council when they were allowed to build the North Campus. The conditions placed on the original development were generated by neighborhood concern that the use was too intense for the residential character of the neighborhood. The limits placed• --''" on the operations of the church were expressly intended to preserve the residential character of the surrounding community. Christ Fellowship accepted all conditions at the time of the original approval. At the time of the original approval, the city zoning code permitted churches as conditional uses in all residential zoning districts. The zoning code has since been revised to restrict churches with sanctuary seating in excess of 1,000 seats to industrial and commercial zoning districts only. Current Restrictions 1. Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any other type of transportation service between the north and south campuses shall cease. 2. The church sanctuary and related facilities and surrounding grounds shall ,be used by members only for regularly scheduled services, including services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall not be leased, rented or in any way be made available for use as an auditorium, theater or similar gathering place for non - member events of any kind. Regularly scheduled services .shall be _defined, as services occurring on Saturday evening, Sunday morning, and a mid -week evening. 3. The owner or successor shall not utilize a loudspeaker, sound amplifier, radio, phonograph, or similar sound amplifying device to emit any form of sound outside the church sanctuary and related facilities. 4. The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750 seats. 5. Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary. 6. Simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any remote location, on -site or off -site, shall be prohibited. Christ Fellowship has requested that all of the restrictions listed above be removed. The city staff has done an analysis and has recommended that items 1, 3, 4 and 6 be removed. They are recommending a modification to item two that would allow unlimited special events. You can contact the City of Palm Beach Gardens Planning & Zoning Department at 799 -4243 if you would like more information. Ask for the staff report on Petition PUD -01 -03 Christ Fellowship PUD Amendment. A Public Hearing will be held on Thursday, December 6, 2001, 7pm to address these issues. You can verify the agenda on the city web site (http: / /ci.palm- beach- gardens.fl.us/home.html) or by contacting the city at 7994120. Any member of the public is entitled to speak to the council for three minutes at this hearing. You must complete and submit a form prior to the meeting if you wish to speak. You may also give your time to another person. I encourage you to attend this meeting. You can also contact the members of the city council and make sure they know your views on the proposed changes: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Phone: 799 -4100 Joe Russo, Mayor jrusso@ci.palm-beach-gardens.fl.us Eric Jablin, Vice Mayor eiablin@ci.palm-beach-gardens.fl.us David Clark, Councilman dclark ci alm- beach - ardens.fl.us Lauren Furtado, Councilman cfurtado ci. alm- beach - ardens.fl.us Carl Sabatello, Councilman 1 csabatello@ci.palm-beach-gardens.fl.us To ensure that the Cypress Hollow Homeowners Board of Directors represents the community accurately, please complete the survey below and place and return it to Joan Altwater, Vice President & Government Liaison for CHHOA, 9180 Cypress Hollow Dr., PBG or call 626 -4929 to make arrangements to have it picked up. Thank you. CERTIFICATE The undersigned Allen Lavin does hereby certify as follows: 1. That he is the duly elected Secretary of PGA Property Owners Association, a Florida corporation, and 2. That the following resolution was adopted by the Board of Governors of that Corporation at its regular meeting held on November 27, 2001, at which a quorum was duly present and voting: WHEREAS the Board of Governors of the PGA Property Owners has reviewed the Staff Report presented to the City of Palm Beach Gardens Planning and Zoning Commission at its meeting held on November 13, 2001 with respect to the amendments proposed by Petition PUD -01 -03 Christ Fellowship PUD Amendment, and the approval thereof by the Commission, and WHEREAS said Board of Governors has reviewed matters concerning traffic on Northlake Boulevard previously presented to the Commission, has received the observations of the members of the Board with respect to said traffic and has had reported to it the observations of other members of the Northlake Neighborhoods Coalition, and WHEREAS the original approval of the Christ Fellowship PUD was based on acceptance of conditions thereto agreed to by Christ Fellowship after lengthy discussions and public hearings upon which the citizenry should have a right to rely, no change of circumstances being apparent; NOW, THEREFORE, IT IS HEREBY RESOLVED that the Board opposes any amendment to the Christ Fellowship PUD which may have an adverse affect on traffic, including without limitation, any increase in seating capacity, whether temporary or permanent, and any increase in frequency of use or use for any purpose not directly and necessarily required for religious observances and services, or which will have an adverse effect on traffic volume, and RESOLVED that any amendment which may affect the health, safety or right of neighbors to quiet enjoyment of their homes should be refused, but if granted should be subject to revocation upon the occurrence of multiple code enforcement proceedings arising from noise, illegal parking, trespass by users of the facility, or the like. IN WITNESS WHEREOF, the undersigned has executed this Certificate this ;3a day of November, 2001. Allen Lavin, Secretery THE GARDENS HUNT CLUB ASSOCIATION, INC. C/o Dickinson Management, Inc. 400 Toney Penna Drive Jupiter, FL 33458 561- 747 -5505, fax 561- 743 -7953 November 27, 2001 Dear Hunt Club Resident, Christ Fellowship Church is requesting removal of many of the conditions put in place by the city council when they were allowed to build. The conditions placed on the original development were generated by neighborhood _concern that the use was too intense for the residential_ character of the neighborhood. The limits placed on the operations of the church were expressly intended to preserve the residential character of the surrounding community. Christ Fellowship accepted all conditions at the time of the original approval. At the time of the original approval, the city zoning code permitted churches as conditional uses in all residential zoning districts. The zoning code has since been revised to restrict churches with sanctuary seating in excess of 1,000 seats to industrial and commercial zoning districts only. . Current Restrictions: 1. Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any other type of transportation service between the north and south campuses shall'cease: 2. The church sanctuary and related facilities and surrounding grounds shall be used by members �. only for regularly scheduled services, including services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall not be leased, rented or in any way be made available for use as an auditorium, theater or similar gathering place for non - member events of any kind. Regularly scheduled services shall be defined as services occurring on Saturday evening, Sunday morning, and a mid -week evening. _ 3. The owner or successor shall not utilize a loudspeaker, sound amplifier, radio, phonograph, or similar sound amplifying device to emit any form of sound outside the church sanctuary and related facilities. 4. The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750 seats.W 4, L I 5�4r PES4r_KT7t + 5. Buildings A and B shall not be .used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the'Sanctuary. 6. Simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any remote location, on -site or off -site, shall be prohibited. 4 Christ Fellowship has requested that all of the restrictions listed above be removed. The city staff has done an analysis and has recommended that items 1, 3, 4 and 6 be removed. They are recommending a modification to item two that would allow unlimited special events. You can contact the City of Palm Beach Gardens Planning & Zoning Commission at 799 -4243 if you would like more information. Ask for the staff report on Petition PUD -0 1 -03 Christ Fellowship PUD Amendment. This request is on the City Council agenda for public hearing at the December 6 meeting. The meeting starts at 7pm. You can verify the agenda on the city web site (http://ci.palm - beach- gardens. fl.us/home.html) or by contacting the city at 799 -4120. Any member of the public is entitled to speak to the council for three minutes at this hearing. You must complete and submit a form prior to the meeting if you wish to speak. You can also contact the members of the city council and make sure they know your views on the proposed changes. --- _ - - - -- - -- -. __,_ - — - - City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Phone: 799 -4100 Joe Russo, Mayor jrusso @ ci.palm - beach - gardens.fl.us Eric Jablin, Vice Mayor ejablin @ci.palm- beach - gardens.fl.us David Clark, Councilman csabatello(a)ci.palm- beach- gardens.fl.us Lauren Furtado, Councilman cfurtado @ ci.palm - beach - gardens.fl.us Carl Sabatello, Councilman dclark @ ci.palm- beach - gardens.fl.us To ensure that the Hunt Club Board of Directors represents the community accurately, please complete the survey below and place it in the community mailbox. [tol"I support keeping the current restrictions [ ] I support removing / modifying the current restrictions. [ ] Undecided Comments: Name (print): M l C A00-4- House Number: 1 OZ449 Signature: THE GARDENS HUNT CLUB HOMEOWNERS ASSOCIATION, INC. BOARD OF DIRECTORS MEETING MINUTES SENIOR CENTER TUESDAY NOVEMBER 20, 2001 7:00 P.M. CALL TO ORDER: The President, Keith Paulus, called the meeting to order at 7:01 P.M ESTABLISHMENT OF A QUORUM: Present were Board members Keith Paulus, Frank Conkling, DeeDee Winston and Darrell King. A Quorum was present. READING AND APPROVAL OF MINUTES: Reading of the minutes of the October 16"' meeting was dispensed with. Motion by Frank Conkling, seconded by Darrell King to approve the meeting minutes as submitted. All yes, motion carried. COMMITTEE REPORTS: ARC Committee: Figueroa (10688 Hidden Lake Circle): Request to approve the repainting of their house and outbuilding. Motion by Frank Conkling, seconded by Darrell King to accept the colors as submitted and approve the request for repainting. All yes, motion carried. Patel (10283 Hunt Club Lane): Request to repaint the house, door and shutters. Motion by Frank Conkling, seconded by Darrell King to approve the color #8741 (beige) for the body of the house; the door, garage door and shutters #8745 (brown) and the trim to be a white or an off white. All yes, motion carried. Junge (10286 Hunt Club Lane): Request to repaint the house. Motion by Frank Conkling, seconded by Darrell King to approve the painting of the body of the house in one of the four colors submitted and the trim and accents to be white umber as submitted All yes, motion carried. Handschuh (10686 Hidden Lake Circle): Request to repaint the house. Motion by Frank Conkling, seconded by Darrel King to approve the colors as submitted. All yes, motion carried. Cole (1017 Woodfield Circle): Request to plant a hedge in backyard. Motion by Frank Conkling, seconded by Darrell King to approve the landscape changes as submitted. All yes, motion carried. Phillips (10257 Hunt Club Lane): Request to repaint the house. Motion by Frank Conkling, seconded by Darrell King to approve the colors as submitted. All yes, motion carried. TREASURERS REPORT: DeeDee Winston submitted the new budget to the Board of Directors. The September figures were fine. �r MANAGERS REPORT: • Street Gutter: Will be done after December 18t. • Mulch: Motion by Frank Conkling, seconded by Darrell King to approve the quote of $550 from DMI for the planting of red and white impatiens and to approve the red mulch at $32 a yard approximately 60 yards from Advanced Mulch. The mulch is to be done after the impatiens are planted. VIOLATION UPDATES: Discussion of outstanding violations. • Management to contact homeowners with Fox rates for cleaning roof, house or driveway and ask them to proceed with the cleaning. NEW BUSINESS: • Rick Cherry (10392 Peachtree Circle) Swale Problem. States that he does not want the driveway dug up on a Saturday when he was having a dinner party that night. Mr. Cherry expressed extreme displeasure with the manner in which DMI handled this issue. • Michael Ray (10219 Hunt Club Lane) Letter regarding vine. HOA sees no legal way we can intervene and he should work it out with his neighbor the Stewarts. • 2002 Budget at $65.00, change HOA to $70.00 per month, legal fees to $5,000, irrigation to $1,000, landscape extras to $5,053, rest to entry gate maintenance at $1750.00. • Annual meeting date will be on January 15, 2002. DMI to supply information on mailing materials and schedule. —�i • Christ Fellowship — Motion by Frank Conkling, seconded by DeeDee Winston to pass the following resolution: "In order to preserve the residential character of the neighborhood, the Board of `Directors of the Hunt Club Home Owners Association as representatives of the community passes this resolution in favor of the City of Palm Beach Gardens maintaining all current conditions on the Christ Fellowship PUD " All yes, motion carded. OLD BUSINESS: • Management to review DMI estimate for cleaning and painting of the gates to ensure it includes cleaning of the gates prior to painting. • The Turnpike interchange on Northlake Blvd. is back in the state plan. The Northlake Coalition is opposed to the interchange on Northlake or the Beeline. CALL TO ADJOURN: Motion by Frank Conkling, seconded by Darrell King to adjourn meeting at 8:15 p.m. All yes, motion carried. Respectfully submitted, DeeDee Winston Secretary THE GARDENS HUNT CLUB ASSOCIATION, INC. C/o Dickinson Management, Inc. 400 Toney Penns Drive Jupiter, FL 33458 561- 747 -5505, fax 561- 743 -7953 March 9, 2001 Palm Beach Gardens Police Dept. Att: James Fitzgerald, Chief 10500 North Military Trail Palm Beach Gardens, FL 33410 Dear Chief Fitzgerald, The Board of Directors of the Gardens Hunt Club, located in back of Christ Fellowship Church on Northlake Blvd., has- asked that we write you to express a concern about parishioners parking on the grass on Hunt Club Drive. Your assistance with discouraging this activity would be greatly appreciated. Sincerely, Russ Desoe, Community Manager r v?y Patricia Snider Iii From: Kerrynjoe@aol.com ol.com Sent: Tuesday, December 04, 20018:42 PM To: jrusso@ci.palm-beach-gardens.fl.us Subject: christ fellowship ATT00003.htm December 3, 2001 Joe Russo, Mayor City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: PUD-O -03 Christ Fellowship PUD Amendment Mr. Russo, As a registered voter in Palm Beach Gardens, i am writingyou to request that the City Council retain the existing restrictions to ChristFeliowship Church. Doing otherwise would threaten the residential character ofour community. My neighbors and I are concerned about how this growing churchwill affect our daily living. At the time of the original approval, the city zoning codepermitted churches as conditional uses in ail residential zoning districts.Since that time, the zoning code has been revised to restrict churches withsanctuary seating in excess of 1,000 seats to industrial and commercial zones.Christ Fellowship is asking to add 667 seats to its' 1,750 seats (for a totalof 2,417 seats). How can you justify allowing more seats to a sanctuary that isalready 75% over the current code? There needs to be some restriction in piaceto protect the residential character of the surrounding community. The Church is also asking for shuttle busses to transportpeople from the south campus to the north campus Busses should not benecessary if the church is adhering to current restrictions. Christ Fellowshipdaims that there is enough parking on the north campus for 2,400 plus- Theparking on north campus should be able to accommodate the 1,750 seats theycurrently have. Why do they need the use of the south campus parking? Even Mhey are granted the 667 seats they are requesting, that leaves only 17 extraseats than parking. 1 understand that shuttling people across NorthlakeBoulevard is safer than having anyone walk across, but I do not see the needaccording to their studies regarding parking availability. Christ Fellowship is asking to remove their restriction tospecial events. The modified wording recommended by the city staff allowsvirtually any event as long as it is &quot;affiliated &quot; with the church. Nodefrnition of & quot;affiliated&quot; is given. Am I affiliated with the churchbecause 1 live behind it and 1 am affected by it every day? is a members niecesbest friend allowed to have a wedding there? If you make a donation to thechurch are you affiliated? Will there be special events around the dock toaccommodate those that are affiliated? To go from regularly scheduled serviceswith 6 additional special services per year for members to unlimited servicesby affiliates seems excessive. There needs to be some restriction in place toprotect the residential character of the surrounding community. The Church is also requesting removal of the restrrictionagainst amplified 1 outdoor events. They claim that they want to hold weddingceremonies outdoors. If the current restriction is removed, what prohibits themfrom holding any other type of outdoor event? There needs to be cleardeiinition on what could be held outdoors. There needs to be some restrictionin place to protect the residential character of the surrounding community. Christ Fellowship wants to use Buildings A and B fcxoverflow or supplemental seating for presentations, programs, or sermonsconducted in the sanctuary. The City staff has recommended that the currerrtrestriction be retained. I agree. Allowing overflow or supplemental seatingwiil only increase the number of people on the campus at any given time. Thereneeds to be some restriction to protect the residential character of thesurrounding community. The Church would also like to host simultaneous broadcastsof presentations, programs and sermons to any remote location. The removal ofthis restriction will require the overflow seating in Buildings A and B. As istated above, this is excessive. There needs to be some restriction in place toprotect the residential character of the surrounding community. Future growth plans of the church and the city must beconsidered. Christ Fellowship has rights to the 20 acres east of the currentproperrty. There are indications that they plan to build a school on this site.The turnpike exit and the new Gables community (900 units) west of the tumpikeare also sure to add congestion to Northlake Boulevard. These are just a few ofthe projects that we know about now. To change the restrictions of the Church as they are nowwould create a facility too large for a residential area. The planning andzoning committee originally recommended that Christ Fellowship Church look fora commercial zone to build their church. The Church agreed to the restrictionsand knew the feelings of the surrounding community, yet they chose to buildhere. Although they threaten to file a lawsuit against the city ifthese restrictions are not removed, it is hard to believe that a court wouldallow a church to destroy the residential character of a community especiaNywhen the church agreed to the restrictions before it was built. The CityCouncil should make Christ Fellowship honor their agreement. The City Counclihas the duty of protecting the residential character of the surrounding communityas it is zoned. Thank you, Kerryn A. Cole 1017 Woodfield Circle Palm Beach Gardens, FL 33418 776-soo4 December 3, 2001 Mayor Joe Russo City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: PUD -0 1 -03 Christ Fellowship PUD Amendment Mayor Russo, As a registered voter in Palm Beach Gardens, I am writing you to request that the City Council retain the existing restrictions to Christ Fellowship Church. Doing otherwise would threaten the residential character of our community. My neighbors and I are concerned about how this growing church will affect our daily living. At the time of the original approval, the city zoning code permitted churches as conditional uses in all residential zoning districts. Since that time, the zoning code has been revised to restrict churches with sanctuary seating in excess of 1,000 seats to industrial and commercial zones. Christ Fellowship is asking to add 667 seats to its' 1,750 seats (for a total of 2,417 seats). How can you justify allowing more seats to a sanctuary that is already 75% over the current code? There needs to be some restriction in place to protect the residential character of the surrounding community. The Church is also asking for shuttle busses to transport people from the south campus to the north campus. Busses should not be necessary if the church is adhering to current restrictions. Christ Fellowship claims that there is enough parking on the north campus for 2,400 plus. The parking on north campus should be able.to accommodate the 1,750 seats they currently have. Why do they need the use of the south campus parking? Even if they are granted the 667 seats they are requesting, that leaves only 17 extra seats than parking. I understand that shuttling people across Northiake Boulevard is safer, than having anyone walk across, but I do not see the need.according to their studies regarding parking availability. Christ Fellowship is asking to remove their restriction to special events. The modified wording recommended by the city staff allows virtually any event as long as it is "affiliated" with the church. No definition of "affiliated" is given. Am I affiliated with the church because I live behind it and I am affected by it every day? Is a members nieces best friend allowed to have a wedding there? If you make a donation to the church are you affiliated? Will there be special events around the clock to accommodate those that are affiliated? To go from regularly scheduled services with 6 additional special services per year for members to unlimited services by affiliates seems excessive. There needs to be some restriction in place to protect the residential character of the surrounding community. The Church is also requesting removal of the restriction against amplified outdoor events. They claim that they want to hold wedding ceremonies outdoors. If the current restriction is removed, what prohibits them from holding any other type of outdoor event? There needs to be clear definition on what could be held outdoors. There needs to be some restriction in place to protect the residential character of the surrounding community. Christ Fellowship wants to use Buildings A and B for overflow or supplemental seating for presentations, programs, or sermons conducted in the sanctuary. The City staff has recommended that the current restriction be retained. I agree. Allowing overflow or supplemental seating will only increase the number of people on the campus at any given time. There needs to be some restriction to- protect the residential character of the surrounding,community. The Church would also like to host simultaneous broadcasts ofpresentations, programs and sermons to any remote location.. The removal of this restriction will require the overflow seating in Buildings A and °B: As t stated above this. is excessive. There needs to. be some restriction in place to .protect the residential character of the surrounding community. Future growth plans of the church and the city must be considered. Christ Fellowship has rights to the 20 acres east of the current property. There are indications that they plan to build a school on this site. The turnpike exit and the new Gables community (900 units) west of the turnpike are also sure to add congestion to Northlake Boulevard. These are just a few of the projects that we know about now. To change the restrictions of the Church as they are now would create a facility too large for a residential area. The planning and zoning committee originally recommended that Christ Fellowship Church look for a commercial zone to build their church. The Church agreed to the restrictions and knew the feelings of the surrounding community, yet they chose to build here. Although they threaten to file a lawsuit against the city if these restrictions are not removed, it is hard to believe that a court would allow a church to destroy the residential character of a community especially when the church agreed to the restrictions before it was built. The City Council should make Christ Fellowship honor their agreement. The City Council has the duty of protecting the residential character of the surrounding community as it is zoned. Thank you, Kerryn A. Coe 1017 Woodfield Circle Palm Beach Gardens, FL 33418 ,.4 t. November 29, 2001 Mayor Joe Russo City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: PUD -01 -03 Christ Fellowship PUD Amendment Mayor Russo, Christ Fellowship is requesting removal of six of the restrictions put in place when the property was rezoned to a PUD to allow the facility. The facility would not have been allowed with the original residential zoning. We are registered voters in Palm Beach Gardens and we are requesting that the City Council retain the existing restrictions for the reasons outlined below. This is not a religious issue. This is an issue of a commercial like enterprise operating in a residential area. This regional facility has chosen to inject itself into an established residential area, and we and our neighbors are concerned about the impact this large establishment will have on our quality of tide. The limits placed on the operations of the church were expressly intended to preserve the residential character of the surrounding community. At the time of the original approval, the city zoning code permitted churches as conditional uses in all residential zoning districts. The zoning code has since been revised to restrict churches with sanctuary seating in excess of 1,000 seats to industrial and commercial zoning districts only. The new code would not allow a church in excess of 1000 seats in a residential area. Christ Fellowship is asking to add 2/3 (667 seats) of the total that would be allowed under current law. The current restrictions were put in place just 4 year ago. It is not time to change them. Current Restrictions and Comments 1. Shuttle Busses Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any other type of transportation service between the north and south campuses shall cease. — Christ Fellowship claims the busses are required to safely more safely move people from the south campus to the north campus. Busses are much safer than walking across Northlake but shuttles should not be necessary if the church is adhering to the current restrictions. Christ Fellowship studies claim there is enough parking on the north campus for 2400 plus. This need for shuttle busses seems to indicate that north campus parking is inadequate for current seating. 2. Special Events The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year The church sanctuary and related facilities shall not be leased, rented or in any way be made available for use as an auditorium, theater or similar gathering place for non - member events of any kind. Regularly scheduled services shall be defined as services occurring on Saturday evening, Sunday morning, and a midweek evening. — Christ Fellowship is requesting that this restriction be totally removed. The modified wording (recommended by the city staff) allows virtually any event as long as it is .M J0� somehow "affiliated° with the church. There is no definition of "affiliated'. if you give a dollar to the church, are you affiliated? 3. Amplified Outdoor Events The owner or successor shall not utilize a loudspeaker, sound amplifier, radio, phonograph, or similar sound amplifying device to emit any form of sound outside the church sanctuary and related facilities: - Christ Fellowship says outdoor events would be weddings but they have not asked for a change to allow weddings, they have asked for removal of the restriction. How long until they are staging carnivals and concerts? If city staffs recommendations are followed, there is nothing to prevent this as long as it is termed a "religious event°. There are no. definitions. 4. Number of Seats ( +667 to 2417) The number of fixed and/or moveable seats. within the sanctuary shah at no time exceed 1,750 seats. — Clearly Christ Fellowship never planned to live with the 1750 restriction. The original building design was not changed. Only the floor plan was modified to include fewer seats. Alan Ciklin indicated at the.P&Z hearing that Christ Fellowship violates the intent of this. restriction now by allowing people to stand and exceeding the 1750 limit. 5. Overflow to Buildings A and B Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary. — Christ Fellowship wants this restriction removed. City staff has recommend that this restriction be retained. If Christ Fellowship does not. get this restriction removed now, how long until they are back?. 6. Simultaneous Broadcasts Simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any remote location, on -site or off -site, shall be prohibited. — Removal of this restriction will open the door for overflow seating in buildings A and B in the future. Consider the future growth plans for the .church and the area. Christ Fellowship has rights to the 20 acres east of the current property. There are indications that they intend to build a school on this site. The turnpike exit and the new community (The Gables — goo units) west of the turnpike will also be adding to congestion in the area. It is the responsibility of the city council to manage the future growth of the city and to consider the desires of the community. Clearly, the church is threatening to file a lawsuit against the city if they do not get their way. According to the city attomey, . there is no precedent to indicate how this issue would be decided. h seems unlikely that a court would allow a religious institution freedom to destroy the residential character of a neighborhood especially when the church was aware of the restrictions before they built. This enterprise is too large for the residential area. Christ Fellowship currently has a separate request pending for changes on the south campus. Since Christ f=ellowship obviously has a desire to continue to expand, it is time for them to look for a new location with commercial zoning (something P&Z recommended originally). Christ Fellowship knew the restrictions and sentiment of the community and they chose to continue with this location. City Council nc.cds to step up and compel Christ Fellowship to honor the agreement_ If it means fighting a lawsuit then that is what the city should do. Thank you, Keith O. Paulus and Melanie S. Paulus 10100 Hunt Club Lane Palm Beach Gardens, FL 33418 561- 624-5685 Patricia Snider From: GEZahler @aol.com Sent: Wednesday, December 05, 2001 5:40 PM To: jrusso @ci.palm- beach- gardens.R.us Subject: christ fellowship- removal of restrictions OvId ATT00003.htm Dear Mr. Russo; As a homeowner of 121 Windward Cove, Palm Bch.Gardens, I am writing to you toexpress my concern over granting removal of restrictions . With the ongoing growth of the entire area , I am concerned over the increase in traffic on Northlake and north/ south arteries in the immediate area of the church. It sems to me that the church would have legitimate grounds for their request if present conditions were so different from those that existed at the time the church agreed to the restrictions . The city must have felt the need to require them. I would be pleased to change my opinion if the above change in conditions were proven.The church is certainly a good neighbor, is entitled to all considerations etc. yet, they are forced to abide by ewhat is good for the entire area. Please pass on my thoughts to the council. Thank you, Gerald E_ Zahler 1 Patricia Snider From: Sent: To: Subject: Al ATT00004.htm Kevin Bradley [kjpjbrad @adelphia.net) Wednesday, December 05, 2001 9:55 PM Ifurtado@ci-palm-beach-gardens.fl.us Christian Fellowship application Dear Ms. Furtado: 1 strongly oppose the Christian Fellowship's application to have the original restrictions removed. Only because of these restrictions has it been possible to,accomodate the growth of this enterprise within the framework of an entirely residential neighborhood. Their application to remove the carefully negotiated restrictions after only four years calls into question their good faith. I am a full -time resident of PGA National and an active participant in the Northlake Neighborhoods Coalition, which was started in order to control the impact of the Fellowship on it neighbors. I use Northlake Boulevard frequently and have noticed the substantial increase in traffic associated with the Fellowship, especially on Sundays when I am on the way to my own church. Communities such as Hunt Club and Cypress Hollow, which abut the Fellowship grounds, will suffer from the proposed increased traffic, and also from the noise and lights which will be an inevitable result of a relaxed schedule of outdoor events. It is my understanding that if the Fellowship were making their original proposal today, it would not be approved even With the restrictions, since modernized zoning restrictions, would limit their size to no more than a thousand attendees. Challenges such as this led to the formation of the Northlake Neighborhoods Coalition, and are stimulating normally passive voters to more active participation. Very truly yours, Kevin J. Bradley Patricia Snider From: Mark B. Weisburger [mhweis@w#eisburger.coml Sent: Wednesday, December 05, 2001 11:38 AM To: 'Ifurtado@ci.paim- beach- gardens.fl.us' Subject: FW: CHRISTCHURCH ATT00001.htm Original Messagc - Fran: Mark B. Welsburger Sent: Wednesday, December 05, 2001 11:34 AM To: 'jrusso@ci.palrrHbeach -gar dens.fl.us ' ejablin @d.padm-beach- gardens.fl.us'; 'ddark({` d.palm- beach- garciens.fl.us 9furtado@d.pam4*ach - gardens.fl.us ' csabatell o@d.palm- beach-gardens.fl.us' Cc: 'MU@GWJLLP.COW Subject: CHRISTCH RE: Petition PUD -01-03 Christ Fellowship PUT amendment. I have been a resident of BailenWes for 6 years. My address is 147 San Marco Drive, Palm Beach Gardens. I understand that there is a hearing at the Zoning Department regarding the petition of Christ Fellowship. 1 do not object to the following: #1 The implementation of shuttle service. #4-To an increase (to be determined by the Board) in seats in the sanctuary. #6- Simuftaneous broadcasts. 1 DO OBJECT to the following: #2 An unlimited number.of special events. A reasonable number of special events should be agreed upon with the Board. #3-Any type of outside amplification outside of the church sanctuary. This would have a definite impact on the peacefulness of the surrounding neighborhood and produce a carnival like atmosphere. I have not commented on #5 since the Board is not asking for a decision. RespecWty submitted, Mark S. Welsburger 1 Patricia Snider From: AAatrobt@ad.com suit WkkMdW. Decmbw 05, 2001 &08 AAA To: j fl.us Swat: twist Fop I suppW kwOng the current r+estricbm ..... 1 Patricia Snider From: Georgla0120@W.com Sent War, December 05,200110:03 AAA To: JoeRu .ccxn; jn=oQcI.Pakn4*ach-gardens.fl.us Subject (no ) Dear Sir: I con believe that, am agWn, we the residents of (ypreft Hollow. Hurd Club, etm are being asked to go through the charade of voting on sornMhhing for Christ Fellowship Church. Everyone lam that it is an exercise in futility become Wwdever the Church va nts, it gets. it seems to me that all the City Officials are firmly In the bad* pocket of the durdn. 1 guess now of you can tale the chance of Ong the 6,000 votes that they Mamew . h also know that none of you Nve In this area; else you woad not contirure to kit them have w W they want. l'm sure that when you drive by the church, you afire the btu and the beautiful Wocnhds. But, any time you would fte, you can come live with me for a vva * and try to be totems of as the nonsense we all have to Put up with. The umrso for one The church people are given p rforf[y over the resideft The rrwstc from the teal coda seem to be gating wares. The over - amplified mss, etc. vfbrhfe through the 9mund and is so Inflating . The singer's voice is so arr;Wfied that you wohdd certainly tutu he wm performing at the Car Rental CAMw The reds from the O unbeliev" early on Sunday am. when a fat of people arse tr � sleep or just have a relaxing rno And all you officials vm t to let there have more nwmbem p re w t at One time? You wart them to be able to ufte outside laxlspealaers? V ft don't you make it easier on everyone and Ist The Church bey all of Northlake and we can as shove to Beeline Hwy. where the church sthoculd have been put In the first place t-low that church has gotten to be as povu and controlling trolling as it has is an absolute sin. Please, please don't let it get even none so. Patricia Snider I _ I I I From: SylOick@aol.com Sent: Wednesday, December 05, 2001 11:24 AM To: ifurtado @ ci.palm- beach- gardens.fl.us Subject: Christ Fellowship WE STRONGLY OPPOSE THE REMOVAL OF ANY RESTRICTIONS INITIALLY ESTABLISHED. A RESOUNDING NO!!!i!!II! DOO NOT REMOVE! RICHARD AND 'SYLVIA STRAUSS 129 EMERALD KEY LANE PALM BEACH GARDENS Patricia Snider From: herbert jacimthal [chfrog @woddnef.aft.net] Sent: Tuesday, December 04, 20019:01 PM To: jrusso@ci.palm4xudi-gardensfl.us Subject: changes to christ fellowship church Arr0000s.nm, My wife and I are apposed to all of the proposed changes requested by Christ Fellowship Church. Herbert and Catherine Jadcenthal 37 St. James Dr. P.B.G. 1 Patricia Snider From: Elaine S [elainel _adelphia.net} Sent: Tuesday, December 04, 20018:39 PM To: jrussO@ci.palm- beach- gardensAus Subject: Palm Beach Gardens Christ Fellowship Restrictions V3 Ai700007.htm Dear Mayor Russo, I strongly urge that all of the original restrictions placed on the Christ Fellowship Church remain in place. Thank you. Respectfully, Earle Schaller 114 Windsor Pointe Drive Palm Beach Gardens, FL 33418 1 rugs t vi 1 Dear Councilman Sabatellw. I have bean fidlowing the attempts by the Christ Fellowship Church to get the original operational restrictions removed from their Northlake facility. I oppose removal of the restrictions. The Church was granted a conditional use permit bec omit was located in a residential zoning distrkt, and the church ackrwNdedged this fad pdor to co obuc ion. That sltuWon remains unchanged. If they woe to apply today to toad the facility. their application would be Ratty ceded based upon todey's zoning requite. They should not now be granted removal of the restriction& The ftm* onerous of the proposed activities by the church would be the utilization of external amplifiers and loudspeakers to possibly conduct services, weddings, concerts, and other evets, all of which would be disturblM to the surmunding communklm Sound cannot be confined to property des and would most certainly invade the barquility of the $mousing; comrntmIdw Ado. Northam is already a treacherous strst ! of highway. The officers who direct trelft at the duce h entranoe are at dek siren today. The sunk cormnunihes Including PGA, of which I am a reWent, do not favor the add burdens of a 2500 seat auditorium and especially, spec keriaed outdoor events. PGA residents heavily supported the inmyd nts in the last election against the des p oposed by the Christ Fop Church and hope thi t osx voices woad be food relative to this current Issue. Thw* you. Don Paulus 112 Monterey Pointe Drive Palm Beach Gardens, FL, 33418 561.691.1866, fax 4061 paulusdj@Anindspring.com fleJ /C:1Windows \TEMP\ATT00009.htm 12/5/01 Patricia Snider From: bethzano @att.net Sent: Tuesday December 04, 20014:04 PM To: jrusso @ a.palm- beach- gardens.fl.us; ejablin @ci.palm-beach-gardens.fl.us; csabatello@ci.palm- beach- gardens.fl.us; cfurtado@ci.palm- beach- gardens.fl.us; dclark@ci.palm- beach- gardens.fl.us Subject: Christ Fellowship Dear City Council members, I am writting to give you my view on the proposed changes for Christ Fellowship. 1 support the use of the shuttle bus between the north and south campus. While this is very noisy early on Sunday mornings, I understand it is much safer for those who need to cross Northlake Blvd. 1 also support the simultaneous broadcasts to remote locations. I DO NOT support any of the other proposed changes. I am frankly amazed that they would be bold enough to ask for 'removal of such restrictions. This is an upscale residential area and should be treated as suchM You have been voted into your offices to be the voice of the people not the voice of the dollar. Loudspeakers in my backyard are something that I will not support; Rental of the property for use as an auditorium, theater, etc, is something I will not support; I do not support the increased seating. There are enough cars/people congesting the area at this time. This is a suburban area and enough is enough. We have to wait to get anywhere when they have a function going on, why would we support more people? As far as special events ... they have already broken this restriction several times, and it is wrong. Once again, they have chosen an upscale residential area ... they need to have restrictions to meet the needs of this area. If these restrictions are lifted, you will lose my vote and support. Furthermore, 1 will complain as each function takes place. You made promises to me, it is time to keep them. Please don't let me down, Beth Zanotelli 1014 Woodfield Circle Palm Beach Gardens, FL 33418 Patricia Snider ICI _ _ 1 I. I 1 _ From: Richard Susel [rsusc@home.com] Sent: Tuesday, December 04, 20014:50 PM To: jrusso @ci.palm -fieach-gardens.fl.us; ejablin@ci.paim -Reach -gardens fl.us; dclark@d.palm- beachuar+dens.fl.us; tfurtado@ci..palm- beach- gardens.fl.us; csabateilo@ci..pa1m4xwch- gardens.fl.us Subject: christ fellowship Importance: High dear rep, I'm shocked and diappointed that Guist fellowship church wants to abandon their promises previously made. i am unalterably opposed to any changes in their restrictions that they previously agreed to. sincerely, caidyn and ric hard and 140 sunset bay drive pbg,fla 33418 I Patricia Snider I _ I 1 II From: Pat Spinola [psonolaa@adelphia.net] Sent: Tuesday, December 04, 20017:51 PM To: jrusso @ci.palnt-eeaeh- gardens.fl.us Subject: Christ Fellowship church ATTOOOOO.htm . limits. We are not in agreement with allowing changes to the conditions currently in force to the churches 1 Patricia Snider From: SylDick @aol.com Sent: Tuesday, December 04, 2001 8:38 PM To:' MW @gv*lp.com Cc: jrusso@d.palm-beac h- gardens.fl.us; csabatelio @d.paim4)eaah-gardens.fl.us Subject: Re: FW: Palm Beach Gardens Christ Fellowship is requesting removal of many of Thank you for the e-mail update. I wasn't dear on whether to mail this to you, or to the members of the City Council. We,strongly oppose the removal of any restrictions initially established! Can you imagine the traffic conditions and the noise factor if this is allowed to be rescinded. A resounding NO. Richard and Sylvia Strauss 129 Emerald Key Lane 2 PaWde Sr.1der II III From: Dad!ngandoocpas@aoi.com Sent: Ttnnsdeiy, November 29, 2001 11:06 AM To: j fl.us Subject: Christ Fellowship Church Mr. Mayor, ! am a lag-flme resident at the Gardens Fend Club. Our ocown undy Is located imrnedladely north of this church. I was in favor of their project based on the agreements entered into at the time of approval for their inRW cothstah. These ageernen#s were concluded to ensure the quality of fife we all wish to maintain here in the Gardens. The pnopc 1% to remove the restdclions, contdnW in that age to be discussed at the Dec.6 meeting needs to be dented. As a fomarr supporter of ON& prcjat 11401 used and deacved. Thank you for your consideration. Patrick E. Ranting 10112 Hurt Club Lurie Palm Beach Gins, R 33418 561-628 -4113 Att00004 December 4, 2001 Dear Joe: My husband & I are opposed to any changes to the conditions that w ere attached to the Christ Fellowship PUD amendement. I expect you to stick to your convictions and vote against their request. I spent a great d eal of my time and political capital helping you get re- elected. I will not appreciate any fencing sitting on this one. Sincerely, Marilyn Lew - Jacobs Palm Beach Gardens. Page I Patricia Snider From: Jorge Agm@fpi.com Sent: Monday, December 03, 2001 10:24 AM To: Ifurtado@d.paim4)each-gardens.fl.us Subject: Christ Fellowship Church Request for Removal of Restrictions Importance: High SUBJECT: Christ Fellowship Church Request for Removal of Restrictions To the members of the city council, I am a resident of the Gardens Hunt Ciub community and 1 would like to take the opportunity to express my opposition to the removal of the conditions for operation of the subject church. in my opinion these conditions represent a compromise by the two involved parties that is working and there is no justification to modify It to the benefit of one party (the church) and the detriment of the other (the neighborhood). 1 am actually surprised that the city, having passed a more restrictive zoning code since the subject church was approved, is even considering relaxing the existing operating conditions of the church. in my opinion the existing conditions have succeeded in limiting and controlling the impact of a church that would not have been allowed to function in the same neighborhood by current zoning code. By imposing conditions of operation and maintaining them, it is somewhat acceptable to allow operation of a church of the size of the subject church in a residential area. even with the existing. more. restrictive zoning code. Under the current circumstances, it does not make much sense to even consider relaxing the existing restrictions that have worked so far. In closing, 1 would like to invite the members of the council to imagine themselves living in a neighborhood surrounded by carnival atmosphere with more than 1750 people celebrating, celebrating God, but celebrating after ail, with unlimited sound enhancements, buses moving around, etc. I think the first thought that would come to your minds is that you would like the city you live In to have some zoning codes to avoid or at least limit the Impact of such events. Well, you do not have to imagine the worst anymore; the opportunity to help the people of the city to live in harmony by enforcing c anent zoning laws is now in your hands. Thank you. Sincerely, Jorge Area 10282 Hunt Club Lane Palm Beach Gardens, Ff. 33418 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: December 6, 2001 Date Prepared: November 21, 2001 SUBJECT /AGENDA ITEM PCD- 99 -08: Evergrene PCD Workshop /First Reading: Ordinance 43, 2001, a request by Henry Skokowski of Urban Design Studio, on behalf of Watermark Communities, Inc. for a re- zoning to Planned Community Development (PCD) from the existing Planned Development Area (PDA) and master plan approval for the Evergrene PCD Master Planned Community. The proposed Evergrene Community includes 905 single - family homes and 132 multi - family homes. The 362.72 -acre subject site is bounded by Hood Road to the south, Donald Ross Road to the north, Alternate Al A to the east and Military Trail to the west. (36 &25 -41 S -42E) RECOMMENDATION Staff recommends approval of Ordinance 43, 2001 with conditions and waivers from the Land Development Regulations. Reviewed by: Originating Dept.: FINANCE: NA P&Z Commission Growth Management: Action: Principal Planner N/A Costs: $ [ ] Approved Project & Total [X] App. w/ conditions City Attorney Manage [ ] Denied Ed Tombaii�8lleP $ [ ] Rec. approval Finance NA Current FY Rec. a [ ] pp• w/ conds. Human Res. NA [ ] Rec. Denial Funding Source: [ ] Continued to: Submitted by: ,advertised: Attachments: Growth [ ] Operating • PCD Master Plan Manag t II ntll aA L ]Other 0 Code Comparison Directo BA�.M [ X ] Not Required Table Charles . Wu, AICP • Aerial Map: existing Budget Acct. #: and Land Uses Surrounding Approved by. Affected parties: City Manager • Conditions of [ ] Notified Approval [x ] Not Required [ ] None City Council Meeting Date: December 6, 2001 Date Prepared: November 21, 2001 Petition PCD -99 -08 BACKGROUND The MacArthur Foundation sold the subject site to WCI Communities as part of the 1998 — 1999 land divestiture. This site was subject to the conditions of the forbearance agreement and was limited to a maximum of three dwelling units per acre. The applicant is proposing a gross density of 2.86 dwelling units per acre. LAND USE & ZONING The subject site is currently zoned Planned Development Area (PDA), and has a future land -use designation of Residential Medium (RM), which allows for up to 9 dwelling units per acre. The proposed development shall have an overall gross density of 2.86 dwelling units per acre. The applicant is proposing to re -zone the property to Planned Community Development (PCD). The underlying zoning would be pod specific, depending on the proposed use as designated on the PCD master plan. For example, a pod containing multi - family housing would have an underlying zoning of Residential High -RH, as these provide for development standards to regulate this type of use; a pod containing single - family homes may have an underlying zoning of RL -3, and so forth. As long as the underlying zoning is consistent with the master plan designation, then all zoning is consistent with the comprehensive plan land use designation of Residential Medium. CONCURRENCY The applicant has received concurrency for 905 single - family units and 132 townhouse - units. The proposed build -out date is December 31, 2006. Concurrency for the residential dwelling units shall include any ancillary uses as defined by the Land Development Regulations. PROJECT DETAILS Site The site currently contains significant upland (native slash pine with saw palmetto understory) and wetland ecosystems. The applicant has received approval from City Council for the environmental preservation of approximately 53.9 acres of upland ecosystem and 12 acres of wetland ecosystem on site, to be integrated into the PCD Master Plan and used as an amenity to the proposed development. The applicant has integrated enough natural preservation into the Master Plan to be designated as an "Audubon Certified Community ". �A City Council Meeting Date: December 6, 2001 Date Prepared: November 21, 2001 Petition PCD -99-08 The site also contains an existing 36.5 -acre lake, which was created by excavation for the Interstate 95 extension during the. 1980s. The lake shall also be incorporated into the Master Plan as an amenity to the residential development. City Council has approved the environmental preservation proposal as a separate application. Site Access As part of the approved traffic concurrency, the Traffic Impact Analysis indicates three entrances to the site. The Master Plan is consistent with the analysis. The south entrance is located off of Hood Road, halfway between Alternate A-1 -A and Military Trail. The west entrance is located off of Military Trail and will align with a future east -west thoroughfare that runs west from this intersection. The northern entrance shall intersect with Donald Ross Road midway between Military Trail and Alternate A -1 -A. The applicant shall be required by Palm Beach County to provide full intersections with left and right turn lanes at all three entrances to the site. Access internal to the site shall be provided off of a main North -South Spine Road, running from the Donald Ross Road intersection to the Hood Road intersection. This Spine Road shall intercept with a smaller East -West Road that will intersect with Military Trail. All entrances shall be gated to public traffic. The City supports the applicant's request to begin construction of the temporary sales center prior to platting. Signage Development signs shall be provided for at all three entrances to the site. As a condition of approval, the applicant shall return to City Council for approval of major entry features and a sign program for internal directional and development signs. Landsca pinq/Bufferinq The applicant is proposing significant landscaping and buffering as part of the Master Plan. Included is an 80 foot landscaped buffer along Hood Road, a 74 foot to 150 foot (varies) buffer along Military Trail, a 90 foot buffer along Donald Ross Road, and a 103 foot buffer along the Florida East Coast Railroad. A 25 -foot buffer is proposed adjacent to the Recreation Vehicle Park at the southeast corner of the site and the Jesus Christ of Latter Day Saints Church located on Hood Road. The applicant, indicating buffer scenarios at various locations around the site, has provided landscape buffer sections as part of this application. The landscape buffer plans utilize several planting palettes, including existing native upland ecosystem, wetlands and newly landscaped areas. Both Donald Ross Road and Hood Road are identified in the Comprehensive Plan and the Land Development Regulations, Section 78 -231 as "Parkways ". The applicant has provided an 80 -foot buffer along Hood Road, adjacent to the 125 -foot right -of -way, for a total Parkway easement of 205 feet in width. The code requires a total Parkway easement of 200 feet. A 90 -foot parkway easement has been provided along Donald Ross Road, 3 consistent with Parkway ease pathway. City Council Meeting Date: December 6, 2001 Date Prepared: November 21, 2001 Petition PCD -99-08 code requirements. Within both the Hood Road and Donald Ross Road cents, the applicant shall provide the required 12 -foot wide multi -use Section 78 -324 of the Land Development Regulations requires that irrigation, if available, and landscaping be installed and maintained in all rights -of -way adjacent to a new development. Staff considers the following rights -of -way to be adjacent to the Evergrene PCD: Hood Road from Alternate A-1 -A to Military Trail, Military Trail from Hood Road to Donald Ross Road, Donald Ross Road from Military Trail to Alternate A -1 -A, and Alternate A-1 -A from Donald Ross Road to Hood Road, if permitted by FDOT. Staff shall require, as a condition of approval, that detailed landscape plans for all adjacent rights -of -way be submitted after City Council approval for review and approval by City staff. Staff also proposes a condition of approval that shall require the owner, successor and assigns to maintain said landscaping in perpetuity. Phasing The applicant has submitted a phasing plan, indicating the timing in which the nine development pods within the PCD are to be submitted for site plan review, as well as for construction of the PCD infrastructure. Parcels 1, 2, 4B and 7 have been submitted concurrently with the PCD application for review and approval. Parcels 3, 4A, and 8 are proposed for site plan review as part of phase 2. Phase 3 shall include the submittal of parcels 5 and 6. Specific phasing of collector road and local road construction and landscaping have been addressed with conditions of approval. Drainage The subject site is located within the Unit 2 Northern Palm Beach County Improvement District. The applicant has applied to South Florida Water Management District for permits approving the master drainage plan. The master site plan provides for 57.5 acres of lakes and canals that will provide for drainage and amenities on site. The applicant is proposing to re -route an existing drainage canal, bisecting the site from west to east, through a series of interconnected lakes on site. The overall drainage on -site out -falls into a drainage canal paralleling the Florida East Coast Railroad. Ultimate outfall is to the Intracoastal Waterway, through the Frenchman's Creek Planned Community Development. Lightinq The applicant has proposed a 14 to 18 foot high conceptual light pole fixture for streets and alleys within the site. The applicant has indicated that they shall provide specific cut sheets and details on lighting fixtures as part of a master signage program application. The applicant shall also provide staff with cut sheets and details for all lighting proposed within the common areas, pedestrian areas and vehicular areas within the PCD, which are not located within development pods, as part of the review process. Section 78 -182 of the Land Development Regulations requires that light fixtures in pedestrian areas do not 4 City Council Meeting Date: December 6, 2001 Date Prepared: November 21, 2001 Petition PCD -99 -08 exceed 12 feet in height, and that light fixtures in vehicular areas do not exceed 25 feet in height. The Police Department recommends that all lighting fixtures be between 12 and 14 feet in height, to avoid conflict with landscaping, and the utilization of metal halide lighting for greater visibility. Schools The site of the proposed PCD is presently within the following school zones: Lighthouse Elementary School, Watson B. Duncan Middle School and William T. Dwyer High School. All schools are presently over capacity. Staff has communicated with Jeanne Mills of the Palm Beach County School Board, who has indicated that the proposed school concurrency will have no impact on this approval process. Ms. Mills indicated that school concurrency requirements would not be applicable to proposed development until June, 2002 at the earliest. Upon completion of the amenity parcel, the applicant will provide a school bus stop on the parcel. A temporary bus shelter will be provided on the amenity parcel until a permanent shelter is constructed and approved within the amenity parcel site plan application. The applicant has revised the master plan to indicate the location and configuration of the temporary bus turnaround and shelter facility. The school board has recommended that an 11 " X 17" sign be posted in a clear and visible location in all sales offices and models, stating certain notification language, as highlighted in a December 15, 1999 letter from Angela Usher of the Palm Beach County School Board. Utilities Seacoast Utilities shall service the residential units within the proposed PCD. Seacoast has conducted a capacity analysis and has determined that the development will utilize approximately .33 million gallons per day of potable water at build -out, leaving a capacity balance of 2.118 million gallons per day system -wide. The proposed project will utilize approximately .278 million gallons per day for sewage treatment, leaving a capacity balance of 3.769 million gallons per day. Based on this analysis, Seacoast has indicated that there is sufficient capacity within its system to accommodate this new development; however, capacity is not reserved until the development order is approved. Parks and Recreation The City's Comprehensive Plan requires a Parks and Recreation Level of Service of 3.7 acres of parkland per every 1,000 residents. The City's Parks and Recreation Department has determined that there is sufficient capacity to accommodate the additional population generated by this development, as indicated in their letter dated July 31, 2001. The 5 City Council Meeting Date: December 6, 2001 Date Prepared: November 21, 2001 Petition PCD -99 -08 applicant has not proposed a dedication of parkland, which would equal approximately 14.28 acres of parkland. In -lieu of parkland dedication, the applicant shall pay the impact fee or utilize impact fee credits per each dwelling unit constructed. Waivers The applicant is requesting the following waivers as part of the PCD application: Staff Code Section Required Provided i Waiver i Recommendation Section 78 -155 Submit with PCD Submit at future Yes Support (1) Common Area application date Landscape Plan Section % -506 5 foot wide Meandering Yes Support (7) Sidewalks sidewalks on each 8 -foot multi -use on Section 78 -341 Intent (off- street parking) Section 78 -343 Location of required parking side of roadway Off - street parking only permitted. On -site parking required one side of spine road On street parking Yes Support (2) Section 78 -498 (f) ' 80 -foot wide ' 60 -foot wide ROW Yes Support (3) minimum ROW minimum ROW for with curbing widths. collector streets. Section 78 -186 (8) Maximum height of Maximum height of Yes Support (4) Fences and Walls 6 feet in residential 10 feet adjacent to zoning districts FEC RR. Section 182 Lake 20 foot easement Existing Yes Support (5) Maintenance without vertical landscaping within Easements construction or the LME for the _ trees existinq lake Section 78 -345 Maximum of 110% Temporary Sales Yes Support (8) Number of Parking required parking Center 190% of Spaces Required permitted code with overflow lot ,section 1 t33 size of ' Minimum loading ' 10' X 18.5' loading Yes Support (6) Loading Spaces size space of 12'X space at temp. 35' sales center Section 78 -446 Plat No building permits Temp. sales center Yes Support (9) review and issued prior to plat prior to plat approval process recordation recordation (1) Staff supports the waiver request with the following conditions of development approval: a. The applicant shall return to City Council for approval of detailed landscape plans 6 City Council Meeting Date: December 6, 2001 Date Prepared: November 21, 2001 Petition PCD -99 -08 for all common areas surrounding the entry features and gatehouses. b. The applicant shall submit detailed common area landscape plans for all areas adjacent to the amenities parcel concurrent with the site plan review forthat parcel. C. Within six months of the date of approval for the PCD Master Plan, the applicant shall submit to staff detailed landscape plans for all common areas within the PCD not associated with the entry features, guardhouses, or amenities parcel. (2) Staff supports the waiver request to allow for on- street parking. The proposal to utilize rights -of -way in -lieu of parking areas reduces the negative effects of parking lots for multi - family units. The utilization of on- street parking is compatible with the "neo- traditional" design of the community, which is encouraged by the City's Comprehensive Plan and the Land Development Regulations. (3) Staff supports minimum rights -of -way being reduced, on the condition that the resulting additional land area is utilized for tree preservation or other landscape open space. The collector road in question meanders through an upland preserve area for a significant portion of its length. (4) Staff supports the waiver request for the 10 -foot wall adjacent to the Florida East Coast Railroad. However, staff has a concern with the10 -foot wall at the "Buffer C" location, due to the proximity of one lot to the wall. Lot 57 within Parcel 4B is located directly adjacent to the wall. It is staff's professional opinion that a wall is inappropriate directly adjacent to a potential 47 -foot wide residential lot. Staff recommends a condition of approval that lot 57 be restricted to a two -story model, which requires a 38 -foot lot width. In addition, the applicant shall include a three -foot landscaped buffer on this lot adjacent to the wall, to be maintained in perpetuity by the property owners association. (5) Staff recognizes the innovative design of native vegetation and preserves associated with the proposed development. Staff supports the requested waivers for encroachment of existing landscaping within lake maintenance easements. Adequate access surrounding water management tracts within the PCD shall be maintained along the edge of the 36.5 -acre lake. (6) Staff supports the waiver request at the temporary sales center. A condition of approval shall be placed on the applicant requiring the removal of the temporary sales center at a date certain. (7) The applicant is requesting to waive the requirement of Section78 -506, which requires that a five -foot concrete sidewalk be installed on both sides of a roadway. 7 City Council Meeting Date: December 6, 2001 Date Prepared: November 21, 2001 Petition PCD -99-08 The waiver is requested to provide one 8 -foot meandering trail on one side of the spine road only. The applicant has provided a detail that indicates additional pedestrian treatments and signage at various intersections along the spine road that allows pedestrian traffic safer utilization of the multi -use pathway. The applicant has justified the waiver on the basis that a proposed meandering 8- foot multi -use pathway and connecting pedestrian trail system will connect all neighborhoods while providing a unique experience of traversing through quality upland habitat. The applicant also states that by providing the pedestrian trail on only one side of the spine road, there will be limited impact to the existing upland communities. (8) This is a temporary facility. The applicant has agreed to a condition of approval that will require the removal of the sales center and overflow parking lot priorto the 985th residential certificate of occupancy. The applicant shall be required to restore the site and overflow lot to a natural condition upon removal of the center. (9) Staff supports the waiver request to allow for permitting for the temporary sales center construction prior to platting, which will plat the preserve areas within the PCD. Staff is recommending conditions of approval that provide surety to the City for any demolition that may be required due to construction prior to plat recordation. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission held a special workshop for this petition on October 17, 2001 and had the several questions and concerns. Staff met with the applicant regarding these comments and outstanding concerns raised by staff and the applicant re- submitted plans and additional information in response to these comments. The Planning and Zoning Commission held a Public Hearing on this application at their November 13, 2001 meeting. The Commission commented that they would like to see additional landscaping within the western edge of the Alternate A1A right -of -way, as permitted by the Florida Department of Transportation expansion. They also commented on ensuring that the existing five foot wide sidewalk along Military Trail be replaced where possible with a meandering sidewalk. The applicant indicated that the sidewalk replacement would be possible for 50% of the length of Military Trail frontage. Staff commented that these issues were addressed with conditions of approval. The Planning and Zoning Commission unanimously recommended approval of the application to the City Council. 11 City Council Meeting Date: December 6, 2001 Date Prepared: November 21, 2001 Petition PCD -99 -08 STAFF RECOMMENDATION Staff recommends APPROVAL of petition PCD -99 -08 with the nine (9) requested waivers from the LDRs, and with the conditions of approval stated in the attached copy of Ordinance 43, 2001. g /ed /2001:pcd9908 9 Last Revised November 19, 2001 November 21, 2001 November 26, 2001 ORDINANCE 43, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM WATERMARK COMMUNITIES, INC., FOR A RE- ZONING FROM PLANNED DEVELOPMENT AREA (PDA) TO PLANNED COMMUNITY DEVELOPMENT (PCD), TO ALLOW FOR A 905 SINGLE - FAMILY AND 132 MULTI - FAMILY DWELLING UNIT RESIDENTIAL COMMUNITY ON 362.72 ACRES KNOWN AS THE "EVERGRENE" COMMUNITY, LOCATED SOUTH OF DONALD ROSS ROAD AND NORTH OF HOOD ROAD, BETWEEN MILITARY TRAIL AND ALTERNATE A1A, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Watermark Communities, Inc. (PCD- 99 -08) for approval of a 362.72 acre, 905 single family and 132 multi - family dwelling unit residential community, located south of Donald Ross Road and north of Hood Road, between Military Trail and Alternate Al A, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the site is currently zoned Planned Development Area and has a land use of Residential Medium; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulation; and WHEREAS, on November 13, 2001, the City's Planning and Zoning Commission reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions stated herein. Ordinance 43, 2001 Meeting Date: December 6, 2001 Date Prepared: November 21 , 2001 Petition PCD -99-08 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the re- zoning of the 362.72 -acre site from Planned Development Area (PDA) to Planned Community Development (PCD), which is located south of Donald Ross Road and north of Hood Road, between Military Trail and Alternate Al A, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said PCD shall be known as the "Evergrene PCD." SECTION 2. Said Planned Community Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: Project Plans and Uses 1) Fee simple residential lots shall not include parkways; landscape easements or buffers; lake maintenance areas or any water management area; or any other community - serving open space (Planning and Zoning). 2) Parcel access illustrated on the master plan is conceptual in nature and shall be subject to site plan review and modification for geometry, operational and safety design details (City Engineer, Planning and Zoning). 3) Prior to the issuance of the 985th Certificate of Occupancy, the petitioner shall remove the temporary sales center and parking area (Planning and Zoning). 4) The amenities parcel shall be completed prior to the issuance of the 350th residential Certificate of Occupancy (Planning and Zoning). Environmental Preservation and Landscapina 5a) The applicant, successors, or assigns shall be responsible for the landscape installation and maintenance of the road shoulders of those sections of public rights -of -way contiguous /adjacent to the Evergrene Planned Community Development (PCD), including: a. Western shoulder of Alternate A1A from Hood Road to Donald Ross Road, as permitted by the Florida Department of Transportation. lA Ordinance 43, 2001 Meeting Date: December 6, 2001 Date Prepared: November 21 , 2001 Petition PCD -99-08 b. Northern shoulder of Hood Road from Military Trail to Alternate Al A (to be incorporated into the "Parkway" design requirements), as permitted by Palm Beach County. C. Eastern shoulder of Military Trail from Hood Road to Donald Ross Road, as permitted by Palm Beach County. d. Southern shoulder of Donald Ross Road from Alternate Al A to Military Trail (to be incorporated into the "Parkway" design requirements), in coordination with the widening of Donald Ross Road, as permitted by Palm Beach County. 5b) The applicant, successors, or assigns shall be responsible for the landscape installation of the medians (including irrigation, where applicable) of those sections of public rights -of -way contiguous to the Evergrene Planned Community Development (PCD), including: a. Alternate Al A from Hood Road to Donald Ross Road, as permitted by the Florida Department of Transportation. b. Military Trail from Hood Road to Donald Ross Road, as permitted by Palm Beach County. C. Hood Road from Alternate A1A to Military Trail, with the exception of that portion adjacent to "The Isles" PCD, as permitted by Palm Beach County. d. Donald Ross Road from Military Trail to Alternate A1A, in coordination with the installation of a left turn lane at this location, as permitted by Palm Beach County. 5c) The applicant, successors, or assigns shall be responsible for the landscape maintenance of the medians (including irrigation, where applicable) of those sections of public rights -of -way adjacent/contiguous to the Evergrene Planned Community Development (PCD), until such time as future development adjacent/contiguous to said rights -of -way, where applicable, are platted, at which time future development shall provide a pro -rata share in the cost of the maintenance, including: a. Hood Road from Military Trail to Alternate All A. b. Alternate A1A from Hood Road to Donald Ross Road, as permitted by the Florida Department of Transportation. C. Military Trail from Hood Road to Donald Ross Road. d. Donald Ross Road from Alternate A1A to Military Trail. 6) The median and road shoulder landscaping shall be submitted to 3 Ordinance 43, 2001 Meeting Date: December 6, 2001 Date Prepared: November 21 , 2001 Petition PCD -99 -08 the Growth Management Department for review and approval and installed based on the following schedule: Hood Road - Median & Road Shoulder Landscaping Submit landscape plans to City: Concurrent with the submittal of the road widening plans to Palm Beach County for approval. Installation: Concurrent with the construction of the road widening of Hood Road from Military Trail to Alternate All A. Military Trail - Median & Road Shoulder Landscaping Submit landscape plans to City: Within 90 days of the effective date of this development order. Installation: Prior to the completion of the Military Trail entrance drive into the Evergrene PCD. Donald Ross Road — Median & Road Shoulder Landscaping Submit landscape plans to City: Concurrent with the road widening plans submitted to Palm Beach County for approval, including installation of left turn lane. Installation: Concurrent with the construction of the road widening of Donald Ross Road from Alternate Al to Military Trail and installation of left turn lane. Alternate A1A - Median and Road Shoulder Landscaping Submit landscape plans to City: Within 90 days of the effective date of this development order. Installation: Concurrent with the construction of the road widening of Alternate Al from Hood Road to Donald Ross Road, if permitted by FDOT. 7) Prior to the issuance of the first certificate of occupancy, the applicant shall place monies, in an amount equal to 110% of the cost of the landscape improvements, in an escrow account established by the applicant to be used by its successors or assigns to complete the project. 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 Evergrene property owners association, successors or assigns shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the applicant and the City Palm Beach Gardens (Planning and Zoning). 4 Ordinance 43, 2001 Meeting Date: December 6, 2001 Date Prepared: November 21 , 2001 Petition PCD -99-08 8) The applicant shall take extreme caution when filling in and around preservation areas to ensure the protection of the root zone and canopy drip line area. No detrimental changes in pH and topography /drainage may result in disturbance or destruction of the preserve areas. Applicant's landscape architect and /or environmental consultant during land alteration /construction activities shall monitor protection of the preserve and buffer areas (City Forester, City Environmental Consultant). 9) The proposed project shall be micro -sited to ensure the protection of listed plant and animal species, ensure that the highest quality wetlands and uplands are preserved intact and ensure that an adequate buffer is maintained around all preserved areas (City Forester, City Environmental Consultant). 10)AII preserve areas, native vegetation, and trees to be preserved shall be identified with protective fencing. The Growth Management Department shall conduct a site visit prior to commencement of land alteration or clearing to confirm that the areas identified pursuant to Chapter 102- 10(5)(e) of the City's Code of Ordinances and the approved Preservation /Relocation Plan are protected (City Forester, City Environmental Consultant). 11)Detailed road right -of -way and landscape plans for all interior PCD collector roads, including the lake loop road, shall be reviewed and approved by the Growth Management Department prior to issuance of a permit to construct said road or phase thereof (Planning and Zoning). 12)Prior to acceptance by the City of the spine road, from Donald Ross Road to the roundabout, the City Forester shall field check the spine road within preserve areas to determine if supplemental landscape is required (City Forester). 13)Within six (6) months of the effective date of this development order, the applicant shall submit detailed PCD buffer plans for Growth Management Department approval. The maintenance of the landscaping shall be the obligation of the applicant and /or its successors and assigns. Buffers shall be installed consistent with the PCD Buffer Plan (Planning and Zoning). 14)Preserves and buffers shall be unencumbered by maintenance, utility or drainage easements, except as otherwise approved in the cross - sections or as may be permitted in certain locations subject to Growth Management Department approval (Planning and Zoning). 15)Prior to the 1St certificate of occupancy within an adjacent parcel to a public right -of -way, construction shall begin on PCD buffers. PCD buffer installation shall be completed prior to the issuance of 50% of 5 Ordinance 43, 2001 Meeting Date: December 6, 2001 Date Prepared: November 21 , 2001 Petition PCD -99-08 the residential certificates of occupancy within the adjacent parcel (City Forester). 16)Prior to the platting of the preserve areas, an upland preserve maintenance plan shall be submitted to the City for review and approval by the City Engineer and the City's Environmental Consultant (City Forester). Siqnaqe 17)The Planning and Zoning Commission and City Council shall review all entry features to the project, including entry signage, other architectural features, and landscaping, as well as a master signage program, as a separate petition (Planning and Zoning). Dedications and Improvements 18)AII sidewalks within the parkway easements, not located within the road rights -of -way, shall be dedicated as public access easements and shall be maintained by the Master Property Owners Association (Planning and Zoning). 19)During the course of development, all property within the PCD shall be platted in accordance with the requirements of the City's Land Development Regulations. 20)AII land areas within the project shall have completed the recordation of the plats and the installation of on -site and off -site infrastructure and common landscaping (or providing surety for the same) prior to December 31, 2006, subject to the requirements set forth in section 78 -61 of the Land Development Regulations. Traffic Concurrency and Circulation 21)Prior to the issuance of the first certificate of occupancy (with the exception of the approved model homes) for each parcel, the City shall accept the Substantial Completion of the north -south spine road adjacent to and providing access to said parcel as approved by the City Engineer. Substantial Completion for the spine road is defined as follows: the first lift of asphalt and a complete and operable drainage system shall be installed. The installation of landscaping, sidewalks, or lighting fixtures is not required for substantial completion (City Engineer). 22)Prior to the issuance of first certificate of occupancy (with the exception of the approved model homes) within each parcel, the 6 Ordinance 43, 2001 Meeting Date: December 6, 2001 Date Prepared: November 21 , 2001 Petition PCD -99 -08 supporting infrastructure of said parcel shall be constructed and approved by the City. The roadway portion of each parcel shall be constructed to a point of Substantial Completion. Substantial Completion for the roadway within the parcel is defined as follows: the first lift of asphalt and a complete and operable drainage system shall be installed. The installation of landscaping, sidewalks or lighting fixtures are not required for Substantial Completion (City Engineer). 23)Prior to the issuance of the first building permit (with the exception of the approved model homes) for any structure, the applicant shall provide surety that is acceptable to the City for the construction of the improvements for the spine road, from Donald Ross Road south to the Hood Road entrance and including the Military Trail entrance. The applicant shall provide an annual evaluation and adjustment of the surety for the spine road to account for inflation and fluctuations of construction costs. The annual evaluation and adjustment shall be performed prior to the first day of February of each year (City Engineer). 24)No more than 855 daily trips (any combination of land use) may be permitted until the contract is let for widening Alternate A1A from Hood Road to Gardens Parkway. This is an "assured construction" project (City Engineer, Palm Beach County). 25)No more than 2,708 daily trips (any combination of land use) may be permitted until the contract is let for construction of the Alternate A1A/PGA Boulevard Interchange, which includes widening of Alternate Al from Gardens Parkway to the Loop Road. This is an "assured construction" project (City Engineer, Palm Beach County). 26)No more than 5,132 daily trips (any combination of land use) may be permitted until the contract is let for widening of Hood Road, from Military Trail to Alternate A1A. This is not an "assured construction" project (City Engineer, Palm Beach County). 27)No more than 5,560 daily trips (any combination of land use) may be permitted until the contract is let for the addition of a second northbound left -turn lane at the intersection of Alternate A1A and Hood Road. This is not an "assured construction" project (City Engineer, Palm Beach County). 28)No more than 5,660 daily trips (any combination of land uses) may be permitted until the contract is let for adding a northbound through lane, southbound through lane and eastbound through lane at the intersection of Hood Road and Alternate Al (City Engineer, Palm Beach County). 29)No more than 5,905 daily trips (any combination of land use) may 7 Ordinance 43, 2001 Meeting Date: December 6, 2001 Date Prepared: November 21 , 2001 Petition PCD -99 -08 be permitted until the contract is let for changing lane configurations on the northbound approach to three left turn lanes, and one right turn lane, at the intersection of PGA Boulevard and Victoria Gardens Drive. In case FDOT does not approve this change in lane configuration, then one additional northbound left turn lane shall be provided. This is not an "assured construction" project (City Engineer, Palm Beach County). 30)No more than 6,500 daily trips (any combination of land use) may be permitted until the contract is let for the widening of Alternate Al from the Loop Road to south of RCA Boulevard, and addition of exclusive right -turn lanes on both the eastbound and westbound approaches, at the intersection of Alternate A1A and RCA Boulevard. This is not an "assured construction" project (City Engineer, Palm Beach County). 31)No more than 6,500 daily trips (any combination of land use) may be permitted until the contract is let for adding a northbound through lane at the intersection of RCA Boulevard and Alternate Al (City Engineer, Palm Beach County). 32)No more than 6,938 daily trips (any combination of land use) may be permitted until the contract is let for the addition of a second eastbound left turn lane at the intersection of Military Trail and Donald Ross Road. This is an "assured construction" project (City Engineer, Palm Beach County). 33)At time of construction of all entrance drives to the site, the applicant shall provide exclusive right turn ingress lanes and left turn ingress lanes at all intersections with surrounding public rights -of- way (City Engineer, Palm Beach County). 34)For all roadway improvements that are not an "assured construction" project, the developer shall enter into a Public Facilities Agreement (PFA) with Palm Beach County for funding of the roadway improvements in a form acceptable to the county Engineer, within six (6) months of issuance of the Development Order, and before the first building permit is issued (City Engineer, Palm Beach County). 35)The applicant shall conduct a traffic signal warrant study during peak season for the signalization of the Military Trail entrance to the development prior to the issuance of the 519th and the 985th certificate of occupancy. Should the warrant study indicate a need for a signal, the applicant, successor, or assigns shall be required to provide for the full cost of the signal, or as otherwise determined by the City Engineer. The applicant shall submit a bond for the cost of said signal, prior to the issuance of the 519th certificate of 8 Ordinance 43, 2001 Meeting Date: December 6, 2001 Date Prepared: November 21 , 2001 Petition PCD -99 -08 occupancy. If the signal is not warranted at the 985th certificate of occupancy, the City shall return said bond to the applicant. (City Engineer). 36)The applicant shall pay to the City a pro -rata share of the cost of the installation of the traffic signal at the intersection of Hood Road and Alternate Al at the time of signal installation (City Engineer). 37)At such time a traffic signal becomes warranted at the intersection of Prosperity Farms Road and Hood Road, per Ordinance 4, 2001, the applicant shall pay to the City its pro -rata share of the cost of installation (City Engineer). 38)Prior to the issuance of the 985th certificate of occupancy for this project, the spine road and all of the internal collector roadways shall be fully constructed and approved by the City of Palm Beach Gardens. Prior to the final certificate of occupancy for each Pod or Parcel, the internal collector roadways serving said parcel shall be fully constructed and approved by the City of Palm Beach Gardens (City Engineer). 39)Prior to the build -out date, a signal warrant analysis shall be performed annually during the peak season at the intersection of Hood Road and Alternate A1A (City Engineer). Surface Water Management 40)No construction of any portion of the Surface Water Management System shall be undertaken without first submitting to the City plans, specifications and supporting calculation for review and approval by the City (City Engineer). 41)The applicant shall copy all correspondence to and from South Florida Water Management District regarding the Surface Water Management System to the City (City Engineer). 42)The applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements, including but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices, as generally accepted by the Environmental Planning Agency (EPA) and /or local regulatory agencies, for construction activities, submission of a Notice of Intent to EPA or their designee, implementation of the approved plans, inspection and maintenance of controls during construction, and submission of a Notice of Termination (City Engineer). 43)The construction, operation and /or maintenance of any elements of the subject project shall not have any negative impacts on the 9 Ordinance 43 , 2001 Meeting Date: December 6, 2001 Date Prepared: November 21 , 2001 Petition PCD -99 -08 existing drainage of surrounding areas. If at anytime during the development it is determined by the City Engineer 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 Engineer prior to additional construction activities (City Engineer). 44)Any temporary construction associated with phasing the proposed surface water management system improvements shall be undertaken so as to not impact native vegetation in designated buffer areas, preserve areas and wetlands (City Engineer). 45)AII areas designated for maintenance of the surface water management system shall be no less than 20 -feet wide (minimum) with graded slopes no steeper than 8:1 (horizontal:vertical). No construction or landscaping shall be permitted in the maintenance areas in a manner that will in any way restrict, impede or otherwise limit the use of these areas for their intended purpose (City Engineer). 46)Prior to the issuance of the first building permit for each portion of the project, the applicant shall provide surety acceptable to the City for Public Improvements as defined by Section 78 -461 of the City's Land Development Regulations. Surety outstanding for more than one (1) year shall be evaluated and adjusted annually to account for inflation and fluctuations of construction costs (City Engineer). 47)Prior to the issuance of building permits for residential units, a contract shall be issued by the applicant for construction of that portion of the surface water management system such that legal positive drainage, required levels of service and performance standards for flood protection in accordance with the City's codes and ordinances are achieved so that in the event the project is temporarily delayed or permanently discontinued, the partially constructed system will meet all required surface water management system levels of service and performance standards. No certificates of occupancy shall be issued until the approved phased portion of the surface water management system has been completed, certified to the City and South Florida Water Management District by the engineer -of- record and determined to be acceptable by the City Engineer and Northern Palm Beach County Improvement District (City Engineer). 48)No construction /land alteration shall occur until an environmental resource permit for construction and operation of the surface water 10 Ordinance 43, 2001 Meeting Date: December 6, 2001 Date Prepared: November 21 , 2001 Petition PCD -99 -08 management system, or portions thereof, are issued by SFWMD and approved by the City (City Engineer). 49)The water management system shall be continued to be analyzed and designed using a dynamic analysis acceptable to the City, accounting for piping systems and flood routing in order to establish minimum road, berm and finished floor elevations. These elevations shall be documented in tabular form including sub -basin number and master plan parcel identification on the drainage plans approved by the City (City Engineer). 50)The applicant and /or NPBCID shall furnish and install continuous lake stage recorders including telemetry equipment meeting NPBCID guidelines. In addition, the stage recorders and telemetry equipment shall be configured such that the City shall have the capability to monitor lake stages. Installation shall be concurrent with the acceptance of the water management system by NPBCID for all, or any portion of the system. The locations and number of stage recorders shall be in accordance with a monitoring plan mutually acceptable to the City and NPBCID (City Engineer). 51)Upon PCD approval, the applicant may apply for an excavation and fill permit, which is subject to review and approval by the Growth Management Department (Planning and Zoning). 52)The petitioner and the City of Palm Beach Gardens shall establish the boundaries of the Lake Maintenance Easement in order to accommodate the existing lake condition. The easement may vary from the standards of Section 282, as acceptable to the City Engineer; however, the design of said lake condition shall be approved by the City Engineer (City Engineer). School Board 53)The applicant, successor or assigns shall post a notice of annual school boundary assignments for students from this development in a manner required by the Palm Beach County School District (Planning and Zoning). Utilities 54)AII utilities shall be placed underground and within private road rights -of -way or recorded easements, unless specifically approved by the Growth Management Department (Planning and Zoning). 11 Ordinance 43, 2001 Meeting Date: December 6, 2001 Date Prepared: November 21 , 2001 Petition PCD -99 -08 Public Safety 55)Crime Prevention Through Environmental Design (CPTED) principles established through cooperation with the City's Crime Prevention Division shall be utilized during the site planning of the development parcels (Police Department, Planning and Zoning). Disclosure 56)Prior to the issuance of the first residential building permit, except model homes, 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). 57)An annual report shall be submitted to the Growth Management Department by December 20 of each year, until the project has reached buildout, that describes the project's current status and compares its progress with the provisions of the development order (Planning and Zoning). 58)The applicant shall provide written disclosure to all future homebuyers that the clubhouse parcel shall be built prior the 350th residential certificate of occupancy. The form of such disclosure shall be approved by the City Attorney prior to the sale of the first residential unit (City Attorney). SECTION 3. Waivers are hereby granted with this approval, as indicated in exhibit "B" attached hereto. SECTION 4. Construction of the Planned Community Development shall be in compliance with the following plans on file with the City's Growth Management Department: Official Exhibits: 1. October, 26, 2001, Master Site Plan, Urban Design Studio, 1 Sheet 2. October 2, 2001, Buffer Plans, Lucido and Associates, 10 Sheets 3. October 26, 2001, Crosswalk Detail Sheet, Urban Design Studio, 1 Sheet 4. October 26, 2001, Temporary School Bus Stop Detail Sheet, Urban Design Studio, 1 Sheet 5. October 2001, Typical Roadway Sections, Southern Design Group, 3 12 Ordinance 43 , 2001 Meeting Date: December 6, 2001 Date Prepared: November 21 , 2001 Petition PCD -99 -08 Sheets 6. October 2, 2001, Typical Roadway Sections, Southern Design Group Sheets 1 of 1 and 2 of 2 7. October 2, 2001, Typical Landscape Plans for Interior Roadways, Lucido and Associates, 4 Sheets 8. October 2, 2001, Sales Center Site Plan, Urban Design Studio, 1 Sheet 9. October 2, 2001, Sales Center Landscape Plan, Lucido and Associates, 2 Sheets 10. September 28, 2001, Preliminary Water, Sewer and Drainage Plan, Southern Design Group, 2 Sheets 11. September 28, 2001, Master Drainage Plan, Temporary Sales Center, Southern Design Group, 2 Sheets 12. February 29, 2000, Topographic Survey, Cranahan, Proctor and Gross, 2 Sheets 13. April 20, 2001, Traffic Impact Analysis, Kimley -Horn and Associates. Supporting Documents: 14. June 8, 2001, Wetland Cross Section EE, CZR, Inc., 1 Sheet 15. August 11, 2000, Mitigation Monitoring Plan, CZR Inc., 1 Sheet 16. August 9, 2000, Mitigation Plan, CZR, Inc., 1 Sheet 17. August 17, 2001, Surface Water Management System Application, Southern Design Group 18. October 25, 2001, State Highway Improvement Plans, State Road Alternate A1A, George F. Young, Inc. 19. April 20, 2001, Traffic Impact Analysis, Kimley -Horn and Associates. 20. December 20, 1999, Application of Environmentally Sensitive Lands, Joanne Davis and Associates. 21. July, 2000, Hood Road, Widening Construction Plans, Palm Beach County, 17 Sheets SECTION 5. This approval expressly incorporates all representations made by the developer or its agents at any public meeting or hearing. SECTION 6. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 7. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby 13 Ordinance 43, 2001 Meeting Date: December 6, 2001 Date Prepared: November 21 , 2001 Petition PCD -99 -08 PASSED AND ADOPTED THIS DAY OF 2001. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST BY: CAROL GOLD, MMC CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILPERSON FURTADO COUNCILMAN SABATELLO G /ed /2001 /pcd9908ord 14 Ordinance 43, 2001 Meeting Date: December 6, 2001 Date Prepared: November 21 , 2001 Petition PCD -99 -08 EXHIBIT "A" 16 SITE LOCATION SKETCH NOT TO SCALE LEGAL DESCRIPTION A PARCEL OF LAND SITUATE IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM. BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF (E 1/2) OF SAID SECTION 25 LYING NORTHERLY OF THAT CERTAIN ROAD RIGHT -OF -WAY DESCRIBED IN DEED BOOK 1083, PAGE 139, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPTING THEREFROM THAT PORTION THEREOF LYING EASTERLY OF THE WEST RIGHT -OF -WAY LINE OF THE FLORIDA EAST COAST RAILROAD. ALSO LESS THE RIGHTS -OF -WAY OF MILITARY TRAIL AND DONALD ROSS ROAD. CONTAINING 97.296 ACRES, MORE OR LESS. TOGETHER WITH: A PARCEL OF LAND SITUATE IN SECTIONS 25 AND 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF (E 1/2) OF SAID SECTION 25 LYING SOUTHERLY OF THAT CERTAIN ROAD RIGHT -OF -WAY DESCRIBED IN DEED BOOK 1083, PAGE 139, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH THAT PART OF SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST LYING NORTHERLY OF THE NORTH RIGHT -OF -WAY LINE OF HOOD ROAD AND EASTERLY OF MILITARY TRAIL. LESS AND EXCEPTING THEREFROM THAT PORTION THEREOF LYING EASTERLY OF THE WEST RIGHT -OF -WAY LINE OF THE FLORIDA EAST COAST RAILROAD. ALSO LESS THE ADDITIONAL RIGHTS -OF -WAY OF MILITARY TRAIL AND HOOD ROAD CONVEYED IN OFFICIAL RECORDS BOOK 7483, PAGE 1746. ALSO LESS THOSE PARCELS OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2856, AT PAGE 595, OFFICIAL RECORDS BOOK 2732, AT PAGE 422, AND OFFICIAL RECORDS BOOK 2732, AT PAGE 428, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 265.424 ACRES, MORE OR LESS. LAST DATE OF FIELD WORK: 2/01/00 SURVEYOR'S CERTIFICATE EXHIBIT "B" Evergrene PCD Waivers from Land Development Regulations Code Section Required Provided Section 78 -155 Submit with PCD application Submit at future date Common Area Landscape Plan Section 78 -506 5 foot wide sidewalks on each side of Meandering Sidewalks roadway 8 -foot multi -use on one side of spine road Section 78 -341 Off - street parking only permitted. On street parking Intent (off- street parking) On -site parking required Section 78 -343 Location of required parking Section 78 -498 (f) 80 -foot wide minimum ROW for collector 60 -foot wide ROW with curbing minimum ROW streets. widths. Section 78 -186 (8) Maximum height of 6 feet in residential Maximum height of 10 feet Fences and Walls zoning districts adjacent to FEC RR. Section 182 Lake 20 foot easement without vertical Existing landscaping within the Maintenance construction or trees LME for the existing lake. Easements Section 78 -345 Maximum of 110% required parking Temporary Sales Center 190% Number of Parking permitted of code with overflow lot Spaces Required Section 183 Size Minimum loading size space of 12'X 35' 10' X 18.5' loading space at of Loading Spaces temp. sales center Section 78 -446 No building permits issued prior to plat Temp. sales center prior to plat Plat review and recordation recordation approvalprocess Planning & Zoning Commission Meeting Date: October 17, 2001 Date Prepared: Ocotber 10, 2001 Petition PCD -99 -08 �c +' Alit' @fllPrtt'eXt MOIMIQ ...a V'R mN de. Y.i�..a,,.. YE �� �OO �la F e+Y. '�., r.....5�...1 -. Kwu a CC yy a'{ g Sy, «s Site = PCD Underlying Zoning: Consistent with the Master Plan To be determined Pod Specific PCD Gross Density: 2.8 dwelling units per acre Yes Residential Medium: Maximum of 9 dwelling units per acre Parcel Density: Low: max of 5 du /ac As indicated on the Master Plan To be determined. Medium: max of 9 du /ac High: max of 12 du /ac Minimum Size Area 362.72 acres Yes 50 acres Open Space Requirement 43% Yes Overall PCD: 20% Open Space Requirement for To be determined residential parcels: 35% W F• r � ,,� a dr t t jX I! % s C ! d���.��r <F� ran ,{ y'• �d Lr�l i' 4P r,'' r. r -'' d "3 �' r r�� � Sldyr r S� ' y4-''i �� er r11 � ! 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'i { �� �� t I ! rS. is � b�IIJ's r )�r•• •I - � id(`' a i I f:)• } 11 Y�"7c�r•° .ah� � 1 1 II 6 .7C �. l�l ! - �i,;t �I� jet• °� 1,�4i�rA k.. � it �'r� �• i CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: December 6, 2001 Date Prepared: November 21, 2001 SUBJECT /AGENDA ITEM Condition Use Petition, CU -01 -05 — Parcel 4 (Evergrene PCD) Excavation and Fill Operation Public Hearing and First Reading of Ordinance 45, 2001: A request by Tara -Lynn Patton of Communities Finance Company to conduct an excavation and fill operation within parcels 4.03 and 4.06 (aka: Evergrene PCD). The 362.72 -acre site is generally located between Alternate Al and Military Trail, and between Hood Road and Donald Ross Road. RECOMMENDATION Staff recommends approval of Ordinance 45, 2001, with conditions. Reviewed by: Originating Dept.: FINANCE: NA P&Z Commission Growth Management: Action: Principal Planner Costs: $ [ X ] Approved 7 — 0 City Attorney Project n� /W Total [ ] App. w/ conditions Denied Leonard G. Ru Manager /,/ [ ] Mark Hendrickson $ [ ] Rec. approval Finance NA City Forester Current FY [ ] Rec. app. w/ conds. [ ] Rec. Denial Human Res. NA [ ] Continued to: Funding Source: Submitted by: Advertised: Attachments: Growth Mana e 9 Date: Nov. 26, 2001 [ ] Operating 11" x 17" Set of Proposed Plan Di rector �, Paper: Palm Beach [ ]Other Ordinance 45, Charles K. Wu, AICP Post [ ] Not Required Budget Acct. #: 2001 Approved by: City Manager [ ] None Affected parties: Ron � M. Ferr' [ X] Notified [ ] Not Required City Council Meeting Meeting Date: December 6, 2001 Date Prepared: November 21, 2001 Petition CU -01 -05 BACKGROUND Parcels 4.03 and 4.06 received approval on December 21, 2000, with the adoption of Resolution 97, 2000, for the conceptual location of 53 acres of upland preservation and the removal of all exotic vegetation. The applicant is currently seeking approval of petition PCD- 99 -08, also known as the Evergrene Planned Community District (PCD). To date, all the exotic vegetation has been removed from the buffers and preserves within 100 feet of the perimeters of parcels 4.03 and 4.06. Per Section 78 -159 of the City's Land Development Regulations, a conditional use approval is required to conduct an excavation and fill operation on parcels 4.03 and 4.06 as an independent development order. However, if the PCD receives approval before this petition, this petition will become moot. LAND USE & ZONING The subject site is zoned Planned Development Area (PDA), and has a future land -use designation of Residential Medium (RM). PROJECT DETAILS Site Access: Access is currently available off of Military Trail and Hood Road. All fill material generated from the excavation activity will remain on site. Buffering: Staging areas and stockpiling (fill areas) are all interior to the site. The upland and wetland preserves and the existing vegetation within the proposed PCD buffers will screen this activity from the surrounding properties. As a condition of approval, vegetation will be protected and /or relocated into buffer areas within the proposed PCD. Drainage: The drainage work is based on the Unit 2A plan and will benefit all surrounding properties. PLANNING AND ZONNING COMMISSION On November 13, 2001, the Planning and Zoning Commission reviewed this conditional use application and recommended approval of the proposed excavation and fill operation (7 -0). K City Council Meeting Meeting Date: December 6, 2001 Date Prepared: November 21, 2001 Petition CU -01 -05 OUTSTANDING ISSUES There are no significant outstanding issues with this petition. RECOMMENDATION Staff recommends approval of petition CU -01 -05 with ten (10) conditions, which are included in the attached Ordinance. g /mark: CU- 01 -05PZ 3 Last Revised November 20, 2001 November 21, 2001 ORDINANCE 45, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM COMMUNITIES FINANCE COMPANY FOR A CONDITIONAL USE TO ALLOW AN EXCAVATION AND FILL OPERATION WITHIN PARCELS 4.03 AND 4.06 GENERALLY LOCATED BETWEEN ALTERNATE A1A AND MILITARY TRAIL, AND BETWEEN HOOD ROAD AND DONALD ROSS ROAD, COMMONLY KNOWN AS THE EVERGRENE PCD AND MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (CU- 01 -05) from Communities Finance Company for approval of a conditional use to allow an excavation and fill operation within parcels 4.03 and 4.06 generally located between Alternate Al and Military Trail, and between Hood Road and Donald Ross Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 362.72 acre site is currently zoned Planned Development Area (PDA), and has a future land use designation of Residential Medium (RM); and WHEREAS, an excavation and fill operation within a PDA requires a conditional use according to Section 78 -159 of the Land Development Regulations; and WHEREAS, the Growth Management Department has determined that information provided within the CU -01 -05 application meets the requirements set forth under Section 78- 1590)(66), entitled "Excavation and fill, and borrow pit operations," in the City's Land Development Regulations and has recommended approval of said application; and WHEREAS, on November 13, 2001, the Planning and Zoning Commission reviewed said application and recommended that it be approved subject to certain conditions stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a conditional use to allow an excavation and fill operation within parcels 4.03 and 4.06, generally located between Alternate Al and Military Trail, and between Hood Road and Donald Ross Road, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Last Revised November 20, 2001 November 21, 2001 November 26, 2001 SECTION 2. Said Planned Development Area is approved for an excavation and fill conditional use subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. Prior to any clearing activities, vegetation that can be saved shall be tagged for preservation (protective barriers installed, if necessary), or relocated within the proposed PCD buffers, preserves, holding areas or other anticipated open spaces to protect them from future development. 2. The applicant shall take extreme caution when filling in and around preservation areas to ensure the protection of root zones under the canopy drip line area. Silt fencing shall be used around all preservation areas. No detrimental changes in pH and topography /drainage may occur which results in a disturbance or destruction of the preserve areas. The applicant's landscape architect and /or environmental consultant shall monitor protection of preserve and buffer areas during excavation and fill operations. 3. If after any excavation and fill work occurs, the land remains vacant for more than three continuous months, the area shall be seeded with a groundcover to prevent soil erosion. 4. The applicant shall comply with Section 78- 1590)66c of the Land Development Regulations, entitled "Permits, plans and specifications, surety, and permit fees for excavation and fill operations." 5. The applicant shall comply with Division 4, Sections 78 -243 and 78 -244, and Section 78 -302 of the Land Development Regulations, concerning the enforcement of violations that occur within approved preserve areas and any other open space. 6. No clearing of vegetation shall occur on areas of the site that are not specifically indicated as stockpile areas. This permit does not include the filling of parcels. 7. The applicant shall not stockpile soil in a manner that is visible from the surrounding roadway network, including Alternate A1A. 8. The applicant shall limit the stockpiling area to a maximum height of 20- feet, with side slopes no steeper than 3 -feet horizontal to 1 -foot vertical. 9. The applicant shall use Best Management Practices, as generally accepted by the Environmental Protection Agency and /or the local regulatory agencies, to protect the disturbed areas from pollution and erosion. 10.The City Engineer and the City Forester shall have the ability to make field modifications to the Construction Plans. SECTION 3. Construction of the site shall be in compliance with the following plans on file with the City's Growth Management Department (dates represent the date the plan was received and stamped in): 2 Last Revised November 20, 2001 November 21, 2001 November 26, 2001 1. Evergrene (A.K.A. WCI — Parcel 4) Construction Plans for the Lake Excavation, grading and Master Drainage System by Southern Design Group, Inc., and date stamped (September 28, 2001) into the Planning and Zoning Division, Sheets 1 — 11. 2. Mitigation Planting Plan by CZR, and date stamped (September 28, 2001) into the Planning and Zoning Division, Exhibit 2. 3. Lake Littoral Plantings by CZR, and dated September 26, 2001 (unstamped), one 8x11 sheet attached to Exhibit 2. 4. Cross Section Details by CZR, and date stamped (September 28, 2001) into the Planning and Zoning Division, Exhibit 3. SECTION 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 5. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS THE DAY OF 2001. PLACED ON SECOND READING THIS THE DAY OF 200. PASSED AND ADOPTED THIS THE DAY OF -200—. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO 3 ATTEST BY: Last Revised November 20, 2001 November 21, 2001 November 26, 2001 APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD, MMC CITY ATTORNEY CITY CLERK VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO COUNCILWOMAN FURTADO A: Mark/TXT- 01 -02.or IH Parcel 4.03 EXHIBIT "A" . A parcel.of land situate. in �Sectian25._I'c?v�iship.4,1.. South, Range 42 East, Palm Beach .County, That part of the East half (E 1,12) of said Section 25 lying Northerly of that certain road right of way described in Deed Book 10.83, page '139, public records of Palm Beach County; Florida. LESS AND EXCEPTING THEREFROM that portion thereof lying Easterly of the West right of way line of the Florida East Coast Railroad. ALSO LESS the rights of way of Military Trail and Donald Ross Road. Parcel 4.06 A-parcel of land situate in Sections 25 and 36, Township 41 South, Range 42 East, Palm Beach County, Florida, and being more particularly described as follows:. That pan of the East half (E 1/2) of said Section 25 lying Southerly of that cer-nin road right of way described-- in- Deed--Book -1-083-j--at -page 139,- public- records -of Palm- Beach - County- ,- Fl:onda, Together with that part of Section 36, Township 4.1 South, Range 42 East lying Northerly of the North right of way line of Hood Road and Easterly of Military Trail. LESS AND EXCEPTING THEREFROM that portion thereof lying Easterly of the West right of way line of the Florida East Coast Railroad. ALSO LESS the additional rights of way of Nlilitary Trail and Hood Road conveyed in Official Records Book 7483, page 1746. ALSO LESS those parcels of land described in Official Records Book 2856, at page 595, Official Records Book 2732, at page 422, and Official Records Book 2732, at page 428. public records of Palm Beach Counry, Florida. w* TnT01 PC= M7 �I TO: Mayor and City Council DATE: 11/20/01 APPROVED: Ronald M. Ferris, City Manag 'r, FROM: Charles K. Wu, Growth Management Direct SUBJECT: Item For Discussion: The Banyan Tree PUD(petition PUD- 01 -09) At the November 15, 2001 City Council meeting, the above - referenced petition was passed on first reading; however, the applicant was instructed to provide more detail regarding the future phase(s) of development so that this information could be reviewed as an item of discussion at the following City Council meeting. The first and second phases of the Banyan Tree PUD make up the area to the west of the MacArthur Banyan Tree (aka: Parcel 12.05); the third phase of development includes the entire area to the east of the MacArthur Banyan Tree (aka: Parcel 12.04). The applicant has since submitted a revised site plan that includes the previously submitted detail of the first phase, as well as conceptual detail of the second phase of development. The revised site plan now includes the building footprint for the second phase, as well as the pervious area, landscaping and buffers for the entire area west of the MacArthur Banyan Tree (aka: Parcel 12.05). Reduced copies of these revisions (11" X 17 ") are attached to this memorandum for your review. Please be advised that the adoption of this concept plan does not preclude the applicant the opportunity to revise the concept plan in the future. Attachments: Design Guidelines Future Phase(s) Concept Plan g/john: pud0109.cc.itemfordiscussion 1 I Banyan Tree PUD (a. k. a. Parcels 12.04 and 12.05) November 21, 2001 Development Guidelines Upon approval of the site plan review application by the City of Palm Beach Gardens, The Applicant shall submit a final site plan package to the Property Owners Association. The submittal package shall include exterior elevations, exterior materials and colors, a final site plan, a preliminary landscape plan and a lighting plan all in sufficient detail for the Property Owners Association to determine the basic character, general exterior appearance, exterior materials and colors, and general site organization for the proposed construction on the parcel. Should the City approved site plan be amended or modified after its initial approval by the City of Palm Beach Gardens, the amended plan must be reviewed and approved by the Property Owners Association. Applicant shall further abide by all of the restrictions outlined in the Declarations of Covenants for Parcels 12.04 and 12.05 including but not limited to: use restrictions; building setback and height restrictions; requirements of plans, specifications and locations of buildings; landscaping and irrigation systems requirements; restrictions on parking, loading docks and storage areas; restrictions on walls and fences; restrictions on antennas and flagpoles; requirements of accessory or temporary building; restrictions on garbage containers, oil and gas containers, solar containers; restriction on signs; requirements of maintenance of property; vehicular parking and restrictions; restriction on oil and mining operations, nuisance restriction, etc. Applicant shall be required to abide by the use restrictions, traffic requirements, environmental requirements and other restrictions as imposed by the City of Palm Beach Gardens as part of the PUD approval. Applicant shall also be required to abide by the Northlake Overlay Zoning Guidelines and the City of Palm Beach Gardens Historic Overlay Zone, Ordinance 17, 1999. Building Design Standards The Banyan Tree PUD Architectural Review Committee shall apply the following guidelines for building coverage and setbacks: 1) Lot Coverage 50% 2) Building Setbacks The more stringent of those minimums as required in the City of Palm Beach Gardens land Development Regulations or the Northlake Overlay Zoning Guidelines. 3) Building Height: The more stringent of those minimums as required in the City of Palm Beach Gardens land Development Regulations or the Northlake Overlay Zoning Guidelines. 4) No new curb cut connections to MacArthur Boulevard or Northlake Boulevard, other than those indicated on the Master PUD, shall be permitted without approval of the City o Palm Beach Gardens. 5) All development abutting MacArthur Boulevard and Northlake Boulevard shall provide for pedestrian connections to public sidewalks. 6) All office and retail development shall provide for pedestrian interconnections. 7) A unified lighting theme will be maintained throughout the project. 8) All dumpsters shall be screened from view with an opaque screen or hedge, in accordance with City of Palm Beach Gardens land Development Regulations. SiLnne It is the intent of these guidelines to maintain continuity within Banyan Tree PUD while, at the same time, allowing each individual lot Owner (or Tenant) to display its own identity. It is the further intention of Banyan Tree PUD that an individual sign will not detract from the overall appearance of the Park. In addition to complying with the Park's requirements, all signs must also conform with the City of Palm Beach Gardens' Sign Code governing signage requirements unless otherwise approved by the City of Palm Beach Gardens City Council. Any amendments to approved signage will require the approval of the Property Owners Association. All signs other than real estate, construction signs or traffic control signs will be limited to the name of business. No other information shall be allowed except street name and number where appropriate. The following signs will NOT be allowed: Flags, banners, twirling, sandwich type, sidewalk and curb signs and balloons or other air or gas filled figures. Vehicles with temporary or permanent signs attached to them or on them will not be parked to create a sign or advertisement. Flashing, blinking, rotating or otherwise animated signs. Signs nailed to a tree. Signs mounted on a fence. Trailer signs. Billboards. Political campaign signs. w Signs that no longer serve the purpose for which they were intended or have been abandoned shall be removed. Violations of the sign guidelines shall result in the removal of a non — conforming sign and furthermore will be subject to the enforcement provisions of the Declarations of Covenants for Parcels 12.04 and 12.05. Landscaping Landscaping requirements shall meet or exceed the City of Palm Beach Gardens and the Northlake Overlay Zone and shall continue the design theme as indicated in Phase I of the Banyan Tree PUD. The overall streetscape plan is subject to the Approval of the Property Owners Association and the City of Palm Beach Gardens. Building Standards All architectural elements shall comply with the Northlake Overlay Zoning Guidelines. Roof surfaces shall be covered with a concrete `S' tile in a color to be compatible with those standards in Phase I of the Banyan Tree PUD. Common Architectural Elements shall include: Vertical elements such as towers or design elements Smooth and textured painted stucco surfaces. Cement tile roofing Multi paned windows of mixed design (flat head and arched heads) Dormer windows or other treatments to `break' the long run of facades Railings Louvered Shutters Awnings Entry Porticos and building interconnections Interchangeable tile and trim colors shall be chosen from those indicated in the Banyan Tree PUD Phase I or from complimentary colors within the same family of colors and tones used in Phase I. Any change in the approved materials and colors will require approval of the Property Owners Association and the City of Palm Beach Gardens. • �s ° dID11 III. Ii O lot IO I I �I 4 I I x I so OI .� t d LJ Q I Q Q Z ti' O I -- - -� --- - -�- - -� -- o0 Ulm m mN T DA Prn O FM ;r OI �� Ctn _. 0 � 6 �i ___ A s, coND. g ____________ --------------- _ -__ CC..._..__________________•_..___--......_.____.- Fb��� (P _ asPNaLr Pa„EnENr - - -- ' ; - - _ _ - L - -- - - -- -- ----------------- - -- -- D - - ---- ----------- H U ; B :....tin L 45PU41r P4 E EN G v n r 55 e eD aN ,, - - - - ----- - - - - o Q �- - E g � I BANYAN TREE P.U.D.P';w=�� —'tt1 a NORTHLAKE BOULEVARD PALM BEACH GARDENS, FLORIDA J PHASE I & II PARCEL 12.05x z i< � ,`� Y�u�s • ��� Mg �• ]0' DR4M4gE E4 a9z N; , i I I • �s ° dID11 III. Ii O lot IO I I �I 4 I I x I so OI .� t d LJ Q I Q Q Z ti' O I -- - -� --- - -�- - -� -- o0 Ulm m mN T DA Prn O FM ;r OI �� Ctn _. 0 � 6 �i ___ A s, coND. g ____________ --------------- _ -__ CC..._..__________________•_..___--......_.____.- Fb��� (P _ asPNaLr Pa„EnENr - - -- ' ; - - _ _ - L - -- - - -- -- ----------------- - -- -- D - - ---- ----------- H U ; B :....tin L 45PU41r P4 E EN G v n r 55 e eD aN ,, - - - - ----- - - - - o Q �- - E g � I BANYAN TREE P.U.D.P';w=�� —'tt1 a NORTHLAKE BOULEVARD PALM BEACH GARDENS, FLORIDA J PHASE I & II PARCEL 12.05x z i< � ,`� 1 O m A D r r � I r(� O A L D 7C m O C m I i CAI I sI \ I. I� I I II I I Crt I i j fi I I I I II I_ I n `JEFFREY I`p m E� A. ORNSTEIN, RA.� R�"s�oNs ► 3 BANYAN T R E E P U ® t II �� _ __. __ ..... ......... _............ ............... .............. j� O22 h x NORTHLAAF BOULEVARD PALM BEACH GARDENS, FLORIDA Rj� R o � R 1 O m A D r r � I r(� O A L D 7C m O C m I i CAI I sI \ I. I� I I II I I Crt I i j fi I I I I II I_ I n `JEFFREY FOR 11 -00 -01 REVISIONS SEE SRE —N. SH— 1 O E� A. ORNSTEIN, RA.� R�"s�oNs ► 3 BANYAN T R E E P U ® t II �� _ tel 561-745-2205 (ax: 561 -]40 -]122 j� O22 x NORTHLAAF BOULEVARD PALM BEACH GARDENS, FLORIDA Rj� ; |, | { / rn < M T m z �� ��� /�� � (� �� Jl | !!! � ) \ » .......... - En m r °m r A O R O z Z i nr s � O E � �A p Um z g. . .: mica _ ...,,.,...;'. J� IFIZ O TO L I D III TD O IN O I < D r r N I rn O O o I 0 A° cn K �a ��o I Q xgg ¢ C 88 §51 �a °pa 'L I �I i g A, HP MEM In N _ rn qI I pI 0 U) �^'. �¢' �I: ire• a.� 00 N m Fa .c'3 m ulo FOR 11 -08 -01 RENSIONS SEE SRE FI . SHEET 1 onTE .-r col + r• ftEVI510N5 ^, Q JEFFREY ORNcSTEIN, P.A. BANYAN TREE P U D Y' H,,- --5-- .E J45 ^2305,.., f— —.1. 1-7 1- 4-71ZZ III `\sy NORTHLAEE BOULEVARD PALM BEACH GARDENS, FLDRNA 61y II 8 8 6 8 8 g 3 4 _ 4 ! H G�s ° Aq 2, '��'• a�' 2?R 21'R 24: g F n%p €i Al699 e: fm An_ ­A N °ya dS�N�op ip,�,l3 AAI o IA v -_• _. a - a .. . s e x a e = -• a -_- 5,___ e, s e e E u e e E F e F E s=_ s+ _ + e s v v_, .. e u e e e• e e e e a= e .. _ a e � e .. e. e a E e - -_- F a . : I..�'. . . :, . : . _ . a S . , a _ :j{ x _ i . E • a �I j r la ITI® • ' T= ° OTT' O O I � �� ; x. r7�i ,o- f4. Fl F t � ¢ . � Q,i v aQ y • r a,a,r ©[ I -� _ 0 m - 'Sop °8£.m Ax` ^ == U Ail, rD G'4� °yz sHg A 7F om mk S V 1 7EFFREY A. ORNSTEIN, P.A. ^ BANYAN TREE P U D _ n5 rn 205 f.. 561— �4—taaie If I teL 561 —J45 -2205 la. 561— J44 —Jt22 NORSHLf.HH BOUISVARO PALM BRACH GARDENS, PIAHmA RE�FSION$ \ � | � � \ �| rn > < 0 z 70 m HM G) U) -I z 0 > 70 > m -4 } ��� � �� KEA 1 jig 1EFF..1 A. ..w A D M I N I S T R A T I V E F A C I L I T Y I ORNETEIN, 1.1. ARCMUCr SOUTH FLORIDA BLOOD BANKS - --- -------- 2205 f,, 561-7"-7122 P� BEACH GARDMS. �RIDA 2 > §))) � : | ?§)§ KEA 1 jig 1EFF..1 A. ..w A D M I N I S T R A T I V E F A C I L I T Y I ORNETEIN, 1.1. ARCMUCr SOUTH FLORIDA BLOOD BANKS - --- -------- 2205 f,, 561-7"-7122 P� BEACH GARDMS. �RIDA 2 E SIONS 0 IF Ff > o:1 LLL i :.T. I I o A A! -! i 3 1 i 9 e 5D� Q Ali 13i 3 3 I rn -u X] 0 K rn z O 0 0 R z O rn rn Cf) C) 0 0 1 0 7� z rn M El, m O 0 c °O T rn Q I 0 I JEFFREY A. ORNSTEIN, P.A. 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I 1 if a i It t 4gg 2'ai In it Ip" . w -1 Si q 1i a 111 1 It i it I all I I A 1!i; It Es tit j F fill .8 1 a it TF wo 1111 IN 11 e • ills H Nz, i z Nil 1111 o > 'i 2 Qw R- cr) 04 to If a it 83 }j F ;-i a dads qi� HI mi ln�MNU FU °6ngpis$i vo � �I � V s = J m p W m m m YM fDINDItl /7 NlVM 1lVHdSV .['1SIX3 MEINRAW ONIISIX3 Donald Ross Road � � z � m o a� 6a 1 Im II II D m m c A nor mT I I I ;III I II I s o dog .- ---- - - - - -- I II °� ln�MNU FU °6ngpis$i vo � �I � V s = J m p W m m m YM fDINDItl /7 NlVM 1lVHdSV .['1SIX3 MEINRAW ONIISIX3 Donald Ross Road � � z � m o 6a 1 Im II °s - c^ A dog I II °� o�F���€ a s � — �_ - ^5° °so -- ln�MNU FU °6ngpis$i vo � �I � V s = J m p W m m m YM fDINDItl /7 NlVM 1lVHdSV .['1SIX3 MEINRAW ONIISIX3 Donald Ross Road � � z � m o TRISH FAULKNER We have asked Trish here tonight to honor her many accomplishments, both on and off the courts. Although Trish hails from Sydney, Australia she has been living in Palm Beach Gardens since 1985 and is a citizen of the United States. In fact, she is a resident of BallenIsles where she works as the tennis and fitness director. Trish understands the word victory. Aside from being a national and international champion she is also a two -time survivor of breast cancer. In fact, she went on to win the International Tennis Federation's World Veterans Championship for women 55 and over just two months after undergoing surgery. On behalf of the entire Council, City Manager, staff and residents -- The City of Palm Beach Gardens is honored and proud to have you as a member of our community. December 11, 2001 CITY OF PALM BEACH GARDENS 10500 N. Military Trail Palm Beach Gardens, FL 33410 Stephen S. Mathison, P.A. PGA Concourse Building 5606 PGA Boulevard, Suite 211 Palm Beach Gardens, FL 33418 Dear Mr. Mathison: I ,, Per City Council directive at its Oec_% ttPr 6. map meeting, we are requesting that you take specific measures that would increase the awareness of the surrounding residents regarding the development of the Banyan Tree PUD. We recommend that you erect signs in each of the three proposed phases detailing the specifics of each phase. We also recommend that you send notices (by regular post) detailing the date, time, and location of the public hearing for this petition before City Council, to all the residents in Lake Catherine, Plat 1 and Plat 3 that are outside of the 500 -foot notice requirement area. Please respond to this letter in writing as soon as possible, informing us of how you will comply with these requests. Please note that this petition has not yet been before City Council. If you have any questions, John Lindgren, AICP at 799 -4243. Sincerely, fir' /e,/ -- t' 6 (. Charles K. Wu, AICP Growth Management Director cc: Kenneth Blair, Catalfumo Construction John Lindgren, Planner g /john: pud0109.citycouncildirective scheduled for a public hearing please do not hesitate to contact RECEIVED CITY MANAGER'S OFFICE DEC 12 2001 PROCLAMATION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the beginning of our species and has been recognized since the earliest medical writings; and WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena; and WHEREAS, Epilepsy is a sign that certain brain cells are discharging an excessive amount of electrical impulses; and WHEREAS; this disorder can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage, although in sixty percent of the cases, the cause is unknown; and WHEREAS; Epilepsy can affect anyone, at any age and at any time; and WHEREAS, more than two million Americans are afflicted with some type of Epilepsy and 150,000 ofthis number are Florida residents; and WHEREAS, lack of education about this disorder has contributed to age old myths, superstitions and prejudices,· and WHEREAS, people who have Epilepsy make reliable and conscientious workers in job performance, productivity; safety, cooperation and attendance. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim month of December, 2001 as: in the City of Palm Beach National Epilepsy Awareness Month IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixe o this d of December in the 'd and One.