HomeMy WebLinkAboutAgenda Council Agenda 012000All those wishing to address the City Council need to complete the necessary form (supply located in back of
Council Chambers) and submit same to the City Clerk prior to the meeting being called to order.
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
JANUARY 20, 2000
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric
Jablin, Councilman David Clark and Councilman Carl Sabatello.
III. ANNOUNCEMENTS:
Monday, 1/24/00, 6:30 P.M., Gardens Neighborhood Association
Tuesday, 1/25/00, 6:30 P.M., Planning & Zoning Commission
IV. PRESENTATIONS:
1. PGA Flyover Costs
V. CITY MANAGER REPORT:
1. Construction Manager Report
2. Census 2000 Update
3. Klock Property Update
VI. AWARDING OF BIDS:
VII. COMMENTS FROM THE PUBLIC: (For items not on the Agenda - Please submit
request card to City Clerk prior to this Item)
VIII. CONSENT AGENDA:
1. Resolution 140, 1999 - Consideration of Approval of a Master Site Plan for the .
Construction of a Multi- Purpose Building, a Future Sanctuary and the Expansion
of the Educational and Administrative Facilities and a Phase One Site Plan for the
Multi- Purpose Building for Nativity Lutheran Church.
2. Resolution 1, 2000 - Consideration of Approval of a Sign Variance for DiVosta &
Company Ground Signs.
3. Resolution 3, 2000 - Consideration of Approval of an Interlocal Agreement
AI
Establishing Membership in the Municipal Public Safety Consortium of Palm
Beach County.
4. Resolution 7, 2000 - Consideration of Approval Authorizing the City Manager to
Apply for a Highway Beautification Grant from the Florida Department of
Transportation.
IX. PUBLIC HEARINGS:
1. Ordinance 45, 1999 - Providing for an Amendment to Ordinance 12, 1998,
Approving a PUD to Amend the Elevations and signage for The Lone Pine
Project Located at the Northeast Corner of Lone Pine Road and Easterly Avenue.
(Public Hearing, Continued from the 12/2/99 Meeting; Consideration of Second
Reading and Adoption)
2. Ordinance 51, 1999 - Providing for Amendment to Ordinance 34, 1999 to Allow
for an Extension of a Date Certain Condition of Approval Relating to the
Calculation of Parking Requirements from 1/2/00 to 4/1/00 at the Site Known as
Christ Fellowship. (Public Hearing, Continued from the 1/6/00 Meeting;
Consideration of Second Reading and Adoption)
3. Ordinance 52, 1999 - Providing for Rezoning of 2.95 Acres of Land Located on
the South Side of PGA Boulevard, East of BallenIsles Drive. (Public Hearing,
Continued from the 1/6/00 Meeting; Consideration of Second Reading and
Adoption)
X. RESOLUTIONS:
1. Resolution 5, 2000 - Consideration of Approval for an Amendment to Resolution
86, 1999, for Extension of a Date Certain Condition of Approval Relating to the
Completion of Improvements on the Site Known as Christ Fellowship.
2. Resolution 6, 2000 - Consideration of Approval of a Sign Variance for Cathedral
of St. Ignatius Loyola Ground Sign.
XI. ORDINANCES: (For Consideration of First Reading)
1. Ordinance 2, 2000 - Providing for an Amendment to the City's Comprehensive
Plan by Changing the Land Use Designation on 2.59 Acres of Land Located at the
Northeast and Northwest Corners of Military Trail and Northlake Boulevard.
(Consideration of First Reading)
XII. ITEMS AND REPORTS BY MAYOR AND COUNCIL:
XIII. CITY ATTORNEY REPORT:
XIV. 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
Human Resources Department, no later than 5 days prior to the proceeding at telephone number
(561) 775 -8200 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.
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Mr Mayor, Vice Mayor, Councilmen. Jan20 2000
You all know very well through the petition of Aug 09 1999, that
the residents of Plat 4 do not want more noise from the F.E.C
railway. The majority is opposed to a new railway crossing east of
parcel SA and very near their neighborhood; 400 Ft instead of
1600 Ft for the actual PGA crossing.
I learned from Ms Glass that on November 18 1999, the Mayor
and Council approved a preliminary authorization to ask FEC/DOT
for a railway crossing east of parcel SA. Ms Herakovich was
supposed to advise me of any discussion about our petition and it
would have been nice to be advised of the meeting so that I could
have presented the objection of the residents of Plat 4.
I believe the reason planning is asking for a railway crossing, is to
have a direct access between Military Trail and the Gardens Mall.
Motorists going to the Gardens Mail from Military Trail (north or
south) will still take the direct PGA Blvd, specially with the
convenience of the overpass with no railroad crossing and no Alt
AlA traffic light.
A railway crossing east of parcel SA could be dangerous to
motorists because if there is a malfunctioning of the gates, the SW
ramp bridge and the PGA overpass bridge will be an obstacle to
the motorists locking south from that railway crossing. Also a train
coming from the south will be blasting his whistle right under the
PGA overpass, distracting motorists passing over. All that could
cause accidents.
I
I think the Mayor, the Council and Planning should reconsider the
asking of a railway crossing east of parcel 5A, because the traffic
moving in and out of parcel 5A will have 2 connecting roads, one
at Military Trail and one at RCA Blvd, its railway crossing and Alt
AlA. Those roads should be "PRIMARY" to allow maximum
traffic. The RCA railway crossing could be enlarged, or a new
railway crossing could connect with the loop road at Alt AlA as
originally planned.
Furthermore if the City wants a railway crossing east of parcel 5A,
DOT will have to build an extra 500 Ft bridge to go over the
railway crossing. That expense could be used for extras on the
PGA overpass that the City of PBG would like.
Thanky~ Rotfi?!;#f
1165 8 Hemlock street
P.B.G Fl 33410
CITY OF PALM! BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 20, 2000
Date Prepared: January 10, 2000
SUBJECT /AGENDA ITEM:
Consent Agenda: consideration of approval of Resolution 140, 1999, Site Plan Approval
for Petition SP -99 -02 entitled "Nativity Lutheran Church & School Expansion."
RECOMMENDATION /MOTION:
Staff recommends that Resolution 140, 1999 be approved with 5 conditions.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
City Attorney >v
Growth Management
Total
[ ] Approved
Finance NA
ACM 1�2
$
Current FY
[ ] Approved /conditions
[ ]Denied
Human Res. NA
Other NA
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date:
[ ] Operating
Paper:
[ ] Other
*Resolution 140, 1999
*Letter from Ed Oliver
dated 12/17/99
♦Crime prevention matrix
♦Original Site Plan -1962
♦Master Site Plan
*Phase 1 Site Plan
*Phasing Plan
( x ] Not Required
*Aerial Photograph
Submitted 11
Growth Managemen : irect
L;cTed parties
[ ] Notified
Budget Acct. #:
[ ] None
Approved by:
City Manager
[ x ] Not required
d
REQUEST:
A request by Anthony E. Oliver, agent for Nativity Lutheran Church, Inc., for site plan
approval for a multi - purpose building (8,250 square feet), a future sanctuary (9,000 square
feet), and the expansion of their educational and administrative facilities (18,645 square
feet). The site is located at the northwest corner of Holly Drive and Plant Drive.
(12- 42S -42E)
BACKGROUND:
The church and preschool are located on a 5 -acre site, which was first given conditional
use approval in May 1962. The site was originally approved for a fellowship hall, offices,
classrooms, a sanctuary, and a parish hall. However, the parish hall (2,964 square feet),
the sanctuary (5,500 square feet), and some of the classroom (2,142 square feet) and
office space (648 square feet) were never constructed. Currently on the site, there is a
2,230 square -foot sanctuary (originally approved as a fellowship hall), a 5,031 square -foot
private elementary school in two buildings (72 students), and a 2,000 square -foot center
for autistic children (The Renaissance Learning Center). These uses are contained in
three separate buildings.
LAND USE AND ZONING:
The subject site is zoned as Residential - Medium Density (RM) with a conditional use
overlay for a church and school, and has a future land use designation of Residential —
Medium Density (RM). See Table 1 for a complete listing of adjacent uses, land use
designations and zoning districts, and consistency with the City's Codes.
CONCURRENCY:
The proposed project received concurrency certification on August 18, 1999, which
included concurrency for traffic, drainage, solid waste, sewer and water.
PROCEDURE:
This is a request for a site plan approval. Because of the size of the site, the request is
considered a major site plan. The site plan request is reviewed by the Development
Review Committee, who forwards comments and recommendations to the Site Plan and
Appearance Review Committee. The Site Plan and Appearance Review Committee
reviews the site plan. The Committee acts in an advisory role, and makes
recommendations regarding the proposed request to the City Council. The City Council
reviews the request for site plan approval for consideration of approval, approval with
conditions, or denial.
Please note that this petition, the approval of the elevations, setbacks, signage, and other
physical site plan changes to the church and school, will be reviewed by the City Council
74
as an amendment to the site plan as SP- 99 -02. The expansion of the church and school
use will be reviewed by the City Council as an amendment to the conditional use as CU -99-
01, which is a separate petition on this agenda.
It should also be noted that the applicant has only provided detailed plans, architectural
details, and building elevations, colors, and materials for Phase 1. Therefore only the
Master Site Plan and Phase 1 can be approved at this time. Future phases will require
review and approval by the Site Plan and Appearance Review Committee /Planning and
Zoning Commission and the City Council (including public hearings).
PROJECT DETAILS:
General Details
The proposed 28,864 square -foot net expansion would provide additional classrooms, a
sanctuary with 450 seats, and a multi - purpose building. These structures would be used
for church services, an elementary school with a maximum of 240 students, an autistic
learning center, and administrative offices.
Phasing
The applicant is proposing a four (4) phased plan. Currently, 9,261 square feet exist, of
which approximately 4,611 square feet will be removed. The existing sanctuary (or
fellowship hall) currently has 186 seats, and the existing school has 72 students. In Phase
1, a 7,000 square -foot multi - purpose building will be constructed, and the number of
parking spaces will increase from 90 to 155 (expected completion is July 2000). In Phase
2, a two -story classroom building will be completed (12,100 square feet), and
approximately 2,000 square feet of the original structures will be removed (expected
completion is July 2002). In Phase 3, a 4,125 square -foot classroom building will be
constructed and 1,250 square feet will be added onto the multi - purpose building (expected
completion is February 2004). In Phase 4, a 9,000 square -foot sanctuary building with a
large circle drive will be completed, and approximately 2,611 square feet of the original
structures, and 5 parking spaces, will be removed (expected completion is December
2006).
Landscaping
There are a large number of trees on the site, and the applicant is proposing to preserve
90 of the 97 trees. Seven of the preserved trees will be relocated on site. The required
landscaping points for this project is 4,354, and the applicant is providing 5,464.
Si_gna_ge
The applicant is proposing to remove the existing ground sign in the fourth phase and
replace it with another ground sign, which will be located closer to the corner of Holly Drive
and Plant Drive.
STAFF COMMENTS:
Building Division
No comments.
Enqineerinq
City, Engineer Sean Donahue does not support the proposed dead -end parking shown in
the later phases of the proposed project.
Seacoast Utility Authority
Seacoast Utility Authority has expressed interest in locating a public water supply well
along the north property of the site, or near the center of the property. The applicant,
however, does not want to have a well on their site.
Planning & Zoning Division
The Planning and Zoning Staff does not support the proposed dead -end parking shown
in the later phases of the proposed project. Staff does, however, support the 3:1 parking
ratio that the applicant has used to determine the amount of parking that will be provided.
The future grass parking (in Phase 2) will require approval by City Council.
Fire
No comments.
Police
Officer Ellen Lovejoy has reviewed the plans for the proposed project, and has generated
a crime prevention matrix identifying problems and concerns, and offering suggestions and
solutions (see attachment).
Parks & Recreation
No comments.
Legal
No comments.
SITE PLAN & APPEARANCE REVIEW COMMITTEE WORKSHOP:
At its September 28, 1999 meeting, the Site Plan and Appearance Review Committee
reviewed this petition. The Commission remarked that it would like to see the landscaping
increased along Plant Drive. The Commission also voiced concern over stacking distances
at the Holly Drive entrance.
APPLICANT RESPONSE:
The applicant meets all stacking requirements for the site, and has increased landscaping
along Plant Drive. The applicant has addressed all of the concerns raised by Staff, except
4 4
for the dead -end parking; the applicant has stated that the dead -end parking will only be
used by their staff. Finally, the applicant has stated that the owner does not wish to permit
Seacoast Utility Authority to locate a well on Nativity Lutheran's property.
STAFF RECOMMENDATION:
Staff initially recommended approval of petition SP -99 -02 with the following conditions:
1. Prior to scheduling this petition for first reading by City Council, the applicant
shall revise the landscaping plan to show more landscaping along the
eastern boundary of the site (acceptable to the City Forester).
2. Prior to scheduling this petition for first reading by City Council, the applicant
shall eliminate the dead -end parking situations on the site plan.
3. All future phases shall provide a landscape plan that meets the current
landscape codes at the time of approval, so that by the completion of the
final phase, the entire site complies with the landscape code.
4. The applicant, successors, or assigns shall comply with all requirements of
the Roadway Beautification and Enhancement Plan once the plan is
established by the City of Palm Beach Gardens. The applicant, successors,
or assigns shall maintain said improvements per City landscape
maintenance standards, which shall be adopted. Specifically, the applicant,
successors, or assigns shall provide improvements in accordance with said
plans in the following public rights -of -way:
A. Along the west right -of -way line of Plant Drive from the
northern terminus of this site to the Holly Drive right -of -way.
B. Along the northern right -of -way line of Holly Drive from the
western terminus of the site to the Plant Drive right -of -way.
5. This approval applies only to the Master Site Plan and the Phase 1 Site Plan.
Future phases shall require separate reviews and approval by the Site Plan
and Appearance Review Committee /Planning and Zoning Commission and
the City Council (including public hearings).
6. Prior to scheduling this petition for first reading by City Council, the applicant
shall revise the plans for this petition to include a well on the site. The site
will also have to meet Palm Beach County's Wellfield Protection Ordinance.
SITE PLAN & APPEARANCE REVIEW COMMITTEE RECOMMENDATION:
At its October 26, 1999 meeting, the Site Plan and Appearance Review Committee voted
6 - 0 to recommend approval of petition SP -99 -02 with conditions #1, #3, and #5 of Staffs
recommendation, and the following conditions:
1. Paved dead -end parking on the site (the south dead -end lot) shall only be
used by staff for the church and school; this parking shall also have signage
on the wheel stops stating "Staff Parking Only."
2. Subsequent phase approvals shall comply with the future "Roadway
Beautification and Enhancement Plan" once the plan is established by the
City of Palm Beach Gardens.
The Committee also stated that they did not believe that the applicant should have to
accommodate Seacoast with a well on the site, unless Seacoast has some legal right to
require this well from the applicant.
REVISED STAFF RECOMMENDATION:
Staff has revised its recommendation based on the Site Plan and Appearance Review
Committee's recommendation, and discussions with Seacoast Utility Authority. Staff now
recommends that its initial conditions #2 and #4 be replaced with the two conditions that
the Site Plan and Appearance Review Committee recommended (stated above). Staff also
no longer recommends that a well site be located on Nativity Lutheran's property.
However, a well site may be located near the northern boundary of the Nativity Lutheran
site. Therefore, Staff recommends that the following condition be included:
• All proposed construction for this project shall comply with the requirements of Palm
Beach County's Wellfield Protection Ordinance.
CITY COUNCIL — DECEMBER 2, 1999 MEETING:
At its December 2, 1999 meeting, City Council heard the conditional use petition (see
report for CU -99 -01 on this agenda) for this project and made several comments regarding
the site plan petition:
1. More landscaping (oaks and mid -level landscaping) needs to be added along
Holly Drive.
2. The sidewalk along Holly Drive needs to be moved further away from the
road, and it should be meandering.
3. The architectural detail on the north, east, and west elevations of the multi-
purpose building needs to be increased.
4. The awning should be replaced with a permanent overhanging structure.
City Council also questioned the need for 450 seats. If this remains a concern, then this
question should be addressed by City Council at the public hearing for the conditional use
petition (which is on the same agenda as this petition).
APPLICANT RESPONSE:
The applicant addressed items #1 and #3 (see attached letter dated 12/17/99). The
applicant has moved the sidewalk further away from the road, but does not want to
meander the walkway. Finally, the applicant does not agree with item #4, because he
believes that the awning will be more aesthetically pleasing than a permanent overhanging
structure.
CITY COUNCIL — JANUARY 6, 2000 MEETING:
At its January 6, 2000 meeting, City Council heard both the site plan and conditional use
petitions for this project. The conditional use petition was approved. Based on the
Council's comments, Staff replaced condition #4 in the resolution approving the site plan
(Resolution 140, 1999) with the following:
♦Prior to the issuance of the first building permit, the landscape plan shall be
amended to add shrubs and groundcover along Holly Drive in association with the
Oak tree streetscape. The City Forester shall review the revised landscaping for
building permit approval. The aforementioned Holly Drive streetscape shall be
installed prior to the certificate of occupancy within Phase One. (City Forester)
The Council directed Staff to place Resolution 140, 1999 on the consent agenda for
January 20, 2000 to approve this change.
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EX18TWO -Z0NtW.G-'�AV'4'1D LAND, L,-1bt§1d N' 6, 8
S ANALYSIS A AL $ &I
N
EXISTING USE
ZONING
LAND USE
Subject Property
Residential — Med. Density
Residential - Medium
Church/School
(RM)
(RM)
North
Public/Institutional
Recreation — Open Space
Park
(P/I)
(ROS)
South
Residential — Low Density
Residential — Low
Single Family Residences 3
(RL)
(Plat 6)
(RL-3)
East
Residential — Med. Density
Residential — Medium
Plant Drive Duplexes
(RM)
(RM)
West
Public/Institutional
Public
Palm Beach Gardens
(P/I)
(P)
High School
CONSISTENCY WITH "T H E `CODE
Consistent
Code Requirement
Proposed Plan (at buildout)
Yes (conditionally)
RM
Church & School
Residential Medium
Density
Yes
Building Lot Coverage:
14.73 Percent
Maximum of 35 Percent
Yes
i Minimum Parking: 113
150 spaces
(1 parking space per
4 seats)
Yes
Maximum Number Of
1 ground sign
Ground Signs: 1
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Yes
Maximum Building Height:
< 36 feet
36 feet
Yes
Minimum Front Setback:
30 feet
30 feet
Yes
Minimum Side Setback:
10 feet
10 feet
Minimum Side Facing
27 feet
Yes
Street
Setback: 20 feet
Yes
Minimum Rear Setback:
96 feet
20 feet
Yes
Minimum Amount of Open
49.26 Percent
Space: 15 Percent
6
Resolution 140, 1999
January 10, 2000
RESOLUTION 140, 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF A MASTER SITE PLAN FOR THE
CONSTRUCTION OF A MULTI - PURPOSE BUILDING (8,250
SQUARE FEET), A FUTURE SANCTUARY (9,000 SQUARE
FEET), AND THE EXPANSION OF THE EDUCATIONAL AND
ADMINISTRATIVE FACILITIES (18,831 SQUARE FEET),
AND A PHASE ONE SITE PLAN FOR THE MULTI - PURPOSE
BUILDING, TO BE LOCATED ON A 5 -ACRE SITE AT THE
NORTHWEST CORNER OF HOLLY DRIVE AND PLANT
DRIVE; PROVIDING FOR CONDITIONS OF APPROVAL;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received an application from Nativity Lutheran Church,
Inc., to approve a Site Plan for the construction of a multi - purpose building (8,250 square
feet), a future sanctuary (9,000 square feet), and the expansion of the educational facilities
(18,831 square feet); and
WHEREAS, this approval is only for the Master Site Plan and Phase 1 of the
project, and all future phase site plan approvals will be required to be reviewed by the Site
Plan and Appearance Review Committee and the City Council (public hearing required);
and
WHEREAS, the City's Growth Management Department has determined that
approval of said application is consistent with the City's Comprehensive Plan and Land
Development Regulations; and
WHEREAS, the Site Plan and Appearance Review Committee recommended
approval of petition SP -99 -02 with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
Section 1. The City Council of the City of Palm Beach Gardens, Florida, approves
a master site plan for the construction of a multi - purpose building (8,250 square feet), a
future sanctuary with 450 seats (9,000 square feet), the expansion of the educational and
administrative facilities (18,831 square feet), and a phase one site plan for a 7,000 square -
10
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Resolution 140, 1999
January 10, 2000
foot multi - purpose building.
Section 2. Said approval shall be consistent with plans filed with the City's Growth
Management Department as follows:
(1) January 3, 2000 Master Plan (SP1), Oliver • Glidden & Partners, 1 sheet
total.
(2) September 20, 1999 Phase 1 Site Plan (SP2), Oliver • Glidden & Partners,
1 sheet total.
(3) December 23, 1999 Phase Site Plan (SPH), Oliver • Glidden & Partners, 1
sheet total.
(4) September 20, 1999 Floor and Roof Plans (A -1), Oliver • Glidden &
Partners, 1 sheet total.
(5) December 17, 1999 Building Elevations (A -2), Oliver • Glidden & Partners,
1 sheet total.
(6) December 17, 1999 Phase 1 Planting Plan (LA1), Oliver • Glidden &
Partners (Environmental Design Group), 1 sheet total.
(7) September 20, 1999 Site Photometrics (SE -1), Oliver • Glidden & Partners,
1 sheet total.
(8) September 21, 1999 Preliminary Drainage Plan, Messler & Associates, 1
sheet total.
(9) September 30, 1999 Boundary/Tree Survey, Messler & Associates, 1 sheet
total.
(10) January 4, 2000 Traffic Impact Analysis Prepared for Nativity Lutheran
Church by Kimley -Horn and Associates, Inc.
Section 3. Said site plan approval shall comply with the following conditions which
shall be applicable to the applicant, its successors, and assigns:
1. All future phases (after Phase 1) shall provide a landscape plan that meets
the current landscape codes at the time of approval, so that by the
completion of the final phase, the entire site complies with the landscape
code. (City Forester)
2. This approval applies only to the Master Site Plan and the Phase 1 Site Plan.
Future phases shall require separate reviews and approval by the Site Plan
and Appearance Review Committee and the City Council. (Planning &
Zoning)
3. Paved dead -end parking on the site (the south dead -end lot) shall only be
11
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Resolution 140, 1999
January 10, 2000
used by staff for the church and school; this parking shall have signage on
the wheel stops stating "Staff Parking Only." (Development Compliance
Officer & Code Enforcement)
4. Prior to the issuance of the first building permit, the landscape plan shall be
amended to add shrubs and groundcover along Holly Drive in association
with the existing Oak tree streetscape. The City Forester shall review and
approve the revised landscaping prior to building permit approval. The
aforementioned Holly Drive streetscape shall be installed prior to the
certificate of occupancy within Phase One. (City Forester)
5. All proposed construction for this project shall meet the applicable
requirements of Palm Beach County's Wellfield Protection Ordinance.
(Planning & Zoning)
Section 4. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THIS THE 20TH DAY OF JANUARY 2000.
ATTESTED
BY:
LINDA V. KOSIER
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
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JOSEPH RUSSO, MAYOR
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY:
CITY ATTORNEY
AYE NAY ABSENT
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OLIVER • GLIDDEN & PARTNERS
ARCHITECTURE • I N T E R I O R D E S I G N
December 17, 1999
Mr. John Lindgren
City Planner
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
I - J Goa
RE: Nativity Lutheran Church
Palm Beach Gardens, FL
Project Number. 98173 c
Petition SP -99 -02 & CU -99 -01 Kv
Dear John:
Ed Oliver
John Glidden
Daniel Brown
Keith Spina
Please find attached copies of the revised elevations for the fellowship center for the above captioned
project. You will note that we have added additional areas of architectural detail in the form of stucco
reveals to respond to council's comments. We have chosen not to replace the awning on the east side
of the building with a fixed roof structure (with shingles) as we want the color of the awning to provide a
Visual draw to the building.
Additionally, please find enclosed a revised landscape plan that adds oak trees along Holly Drive per the
Council's suggestion. At this time we have not chosen to create an easement or a meandering walk, but
have provided additional oak trees to establish a "streetscape" tree theme along Holly Drive.
We trust this will be sufficient for your purposes and look forward to the second and final hearing before
City Council on January 6th.
Very truly yours,
Anthony 4E. OlMer
Senior Partner
Enclosures
W. Pastor Denise Gundersen
Mr. Chuck Baughman
P: V' ROJECT\ ACTIVEW8WLC- 81731SUPPORTWL(N1217.WPD
1401 E0- Wf4'WAXi'"TE.l.QA -. • WEST M66A,1A i..fL • f/lX: So-m6 CC'"fLa 4p'r itobt>tncn
Lic. 178. ICiiF 6'M r (, .
PALM BEACH GARDENS POLICE DEPARTMENT
CRIME, PREVENTION
MATRIX CHART
PROJECT NAME: Nativity Lutheran Church & Preschool
REVIEWED BY: Officer E. Lovejoy
DATE: August 25, 1999
1 Problems /Concerns Needs /Suggestions
Lighting locations should
not conflict with
landscaping (to include
long term tree canopy
growth).
Building lighting should be
around perimeter of all sides
and on pedestrian walkways
surrounding the buildings.
Make sure lighting does not
conflict with.landscaping,
especially long term tree
canopy growth.
Provide adequate lighting
around building and pedestrian
walkways. Metal Halide
should be used in all parking
lot areas.
Lighting around loading Provide adequate lighting
area and dum_ Aster areas not
indicated.
Solutions
Good lighting serves as an
excellent deterrent to
potential criminal activity.
Will also provide visibility
for officers patrolling the
area on the night shift.
Purpose of drop off area not
Provide information detailing
indicated.
the purpose of the drop off
area.
Unknown if circular drive is
Circular drive needs to be one
Will allow better traffic
one way.
way with signage stating same.
flow of vehicular traffic
entering and leaving the
property and prevent
potential traffic hazards.
14
Dumpster enclosure should
Dumpster enclosure should be
To help eliminate
not allow for easy
constructed as to allow natural
concealment of potential
concealment.
surveillance through the
offenders and allow
enclosure.
observation of them.
Stairways in second story
Stairways should be designed
To provide clear and
buildings should provide
in such a way that there are no
unobstructed view of all
open views.
concealment areas.
stairways, and eliminate
potential concealment for
would be offenders.
Building security device.
Buildings should be pre -wired
Alarms serve as an excellent
for alarm systems.
detection and deterrent to
forcible entry.
Details of commercial
Provide visible numbering
Visible numbering system
numbering system not
system which is easy to read
will assist emergency
indicated.
and not obstructed.
services and others to locate
the business in a timely and
efficient manner.
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`' �'_�, ate; . � • '• ,�
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: January,20, 2000
Date Prepared: January 10, 2000
Subject/Agenda Item: Petition VAR- 99 -05, sign variance application for DiVosta &
Company ground signs. The sites are located at the intersection of Riverside Drive and
Buckeye Street, on the north and south sides of Buckeye Street. (7- 43E -42S)
Recommendation /Motion:
Staff is recommending denial of Resolution 1. 2000.
Reviewed by:-
Originating Dept.:
Costs: $_0
Council Action:
City Attorney
Growth Management
Department
Total
[ ] Approved
Finance N/A
x5f
$ 0
[ X ] Approved w/ conditions
ACM IV
Current FY
( ]Denied
Human Res. N/A
Advertised:
Other N/A
Funding Source:
[ ] Continued to:
Attachments:
Date: - - -- - - -, 1999
( ] Operating
Paper: Palm Beach Post
[ ] Other N/A
Resolution 1, 2000
Site Plan
[ ] Not Required
Comments:
7
SuWb
h
G o ment
Affected parties
Budget Acct. #::
Department
[ X ] Notified
[ j None
Approved by:
City Manager
[ ] Not required
BACKGROUND:
City Council held a public hearing on January 6, 2000, and indicated support for the
requested variance with the addition of two conditions of approval. Staff has revised
Resolution 1, 2000 accordingly.
PROPOSAL:
DiVosta & Company Inc., applicant, is petitioning the City Council for two sign variances for
two existing ground signs, sign A and Sign B, located on the northeast and southeast
corners of Riverside Drive and Buckeye Street, respectively. The subject signs, A and B, are
located at 10384 and 10358 Riverside Drive, Palm Beach Gardens, FL 33410, respectively.
m2 11
Both signs have been determined by staff to be non - conforming. They were constructed in
1985, according to the applicant, and were made non- conforming by the revised sign code,
which was adopted on January 17, 1990. The applicant was notified of the non - conforming
status of both ground signs, as part of the non - conforming sign notification procedures.
The future land use designation for the site is Industrial, while the zoning classification is
Light Industrial (M -1A). Land uses adjacent to the subject sites consist of : Residential Low
(RL) to the south, Industrial to the west and north, Residential Medium (RM) to the east. The
existing use on the subject sites is office.
PROCEDURE:
The Land Development Regulations (LDRs) designate the authority of reviewing and
granting sign variances directly to the City Council. As with other variances, a petitioner must
demonstrate hardship. Section 110 -72 Variances, states that "The hardship shall not be
economics or natural obstructions on adjacent land, but shall be a hardship whereby an
applicant cannot reasonably enjoy and utilize the intended benefits provided in this chapter."
The two existing signs meet the several code requirements for ground signs, except, the
minimum 15 -foot setback, as outlined in chapter 110, signs, of the City's Land Development
Regulations.
VAR -99 -05 DiVosta & Company SIGN VARIANCE REQUEST
GROUND SIGN CODE REQUIREMENTS WITH WHICH THE SUBJECT SIGNS
ARE NOT IN COMPLIANCE
Minimum Front Setback
Code Requirements: Chapter 110 -36. Ground signs.
(c) "Ground signs shall be placed no closer than 15 feet from the front property lines..."
Present Condition: Sign A is approximately 3.29 feet and sign B is approximately 2.09 feet from the front
property line. Both signs are not in compliance with the above provision. Applicant is requesting two
variances from the 15 -foot setback required by the Code.
Request: Applicant requests a variance for 11.71 feet, from front property line, for sign A; and 12.91 feet, from
front property line, for sign B.
As the chart indicates, there is only one Code requirement with which the two existing signs
are not in compliance. The petitioner is requesting two variances from the 15 -foot setback
requirement, one for 11.71 feet for sign A and the other for 12.91 feet for sign B.
The applicant is unable to comply with the requirement without creating a hardship due to
the location of the two signs in relation to the existing parking lot and landscape areas
surrounding both signs, according to the petitioner. Setting the signs further back from the
front property line would require the removal of most of the mature vegetation behind and
on the sides of both signs. Such action would be detrimental to the aesthetics of the two
2
2.
sites and the intersection.
Sign A is located in front of a 25 -foot high Live Oak tree, while sign B is situated in front of
a 40 -foot high Laurel Oak tree. Both are surrounded by a combination of several types of
vegetation. In particular, the landscape area for sign B is bounded by the parking area, which
is located directly behind it. In this case, pushing sign B further back to comply with the
Code would require the removal of most of the landscape area for the sign because the
parking area is immediately behind the sign and the landscape area.
STAFF COMMENTS:
There is reasonably enough space within the landscape area for sign A to be pushed further
back to comply with the 15 -foot setback from the front property line. However, this would
lead to the removal of much of the vegetation around the sign as well. The 25 -foot Live Oak
tree could also be moved back and placed directly behind the sign. The landscape area is
large enough to accommodate such an alternative. Once the sign is pushed back to the
required setback, approximately eight feet remain from the sign to the back of the landscape
area. This is large enough to accommodate the Live Oak tree and the remaining landscape
on the sides of the sign. Staff does not believe that this option would lead to the destruction
of the existing vegetation within the landscape area of the sign. Staff also believes that this
alternative could be extended to sign B to bring it into compliance, and without affecting the
parking area behind the sign.
The City Engineer has reviewed the location of the ground signs and has not raised any
safety concerns.
RECOMMENDATION:
Staff has reviewed this petition and has determined that the applicant has not demonstrated
a hardship whereby an applicant cannot reasonably enjoy and utilize the intended
benefits provided in this chapter. This determination is based on the following:
Compliance with the Code can be achieved without serious damage or destruction to
the vegetation and the parking areas around and behind the existing signs.
The justification or the hardship identified by the applicant regarding the appearance
of the buildings and the intersection at which the signs are placed, is not a valid
hardship. The applicant can still maintain the existing appearance of both buildings with
minimum change to the existing landscape around the signs.
Based on this analysis, staff recommends denial of this petition for a variance.
G fra l a l /va r99 -05. s t 1
3
_ X23.
January 7, 2000
RESOLUTION 1, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, GRANTING A
VARIANCE TO THE REQUIREMENTS OF SECTION 110 -36
OF THE CITY CODE, ENTITLED "GROUND SIGNS," FOR
TWO (2) EXISTING GROUND SIGNS LOCATED AT 10358
AND 10384 RIVERSIDE DRIVE AT THE CORNER OF
RIVERSIDE DRIVE AND BUCKEYE STREET; PROVIDING
FOR REPEAL OF RESOLUTIONS IN CONFLICT AND,
PROVIDING FOR AN EFFECTIVE, DATE.
WHEREAS, DiVosta & Company, Inc. has filed a petition for variance from the setback
requirement applicable to two existing ground signs, as set forth in section 110 -36 of the City Code;
and
WHEREAS, in accordance with section 110 -72 of the City Code, the City Council finds that
the applicant has sufficiently demonstrated an undue hardship whereby it can not reasonably enjoy
and utilize the benefits provided in the City sign code; and
WHEREAS, the City Council further finds that the variance meets the general intent and
purpose of the City sign code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. Variance to the requirements of section 110 -36, entitled "Ground signs," is hereby
granted for two (2) existing ground signs located at 10358 and 10384 Riverside Drive, Palm
Beach Gardens, FL 33410, at the northeast and southeast corners of Riverside Drive and
Buckeye Street; as more specifically defined as follows:
A variance from the minimum front setback requirement, of fifteen (15) feet from the front
property line. The existing signs are 3.29 and 2.09 feet from the front property line.
Therefore, the variance granted is for 11.71 and 12.91 feet, respectively.
Section 2. Approval of the front setback variance is subject to the following conditions:
___ 2 4;
I . If Riverside Drive or Buckeye Street are widened or reconfigured in a manner that
would bring the edge of pavement closer to the subject ground signs, the variance
will automatically terminate and the signs shall be removed or relocated consistent
with code requirements; and
2. No wall signs shall be allowed on the buildings so long as the variance remains in
effect and the subject ground signs are existing with the varied front setback.
Section 5. All resolutions in conflict herewith are hereby repealed.
Section 6. This resolution shall be effective immediately upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF JANUARY 2000.
ATTEST:
LINDA V. KOSIER
M.
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
\eat
GATa1a1/var9905. re. wpd
5
JOSEPH RUSSO, MAYOR
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CITY ATTORNEY
AYE NAY ABSENT
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Mr Mayor, Vice Mayor, Councilmen. Jan20 2000
You all know very well through the petition of Aug 09 1999, that
the residents of Plat 4 do not want more noise from the F.E.C
railway. The majority is opposed to a new railway crossing east of
parcel SA and very near their neighborhood; 400 Ft instead of
1600 Ft for the actual PGA crossing.
I learned from Ms Glass that on November 18 1999, the Mayor
and Council approved a preliminary authorization to ask FEC/DOT
for a railway crossing east of parcel SA. Ms Herakovich was
supposed to advise me of any discussion about our petition and it
would have been nice to be advised of the meeting so that I could
have presented the objection of the residents of Plat 4.
I believe the reason planning is asking for a railway crossing, is to
have a direct access between Military Trail and the Gardens Mall.
Motorists going to the Gardens Mail from Military Trail (north or
south) will still take the direct PGA Blvd, specially with the
convenience of the overpass with no railroad crossing and no Alt
AlA traffic light.
A railway crossing east of parcel SA could be dangerous to
motorists because if there is a malfunctioning of the gates, the SW
ramp bridge and the PGA overpass bridge will be an obstacle to
the motorists locking south from that railway crossing. Also a train
coming from the south will be blasting his whistle right under the
PGA overpass, distracting motorists passing over. All that could
cause accidents.
I
I think the Mayor, the Council and Planning should reconsider the
asking of a railway crossing east of parcel 5A, because the traffic
moving in and out of parcel 5A will have 2 connecting roads, one
at Military Trail and one at RCA Blvd, its railway crossing and Alt
AlA. Those roads should be "PRIMARY" to allow maximum
traffic. The RCA railway crossing could be enlarged, or a new
railway crossing could connect with the loop road at Alt AlA as
originally planned.
Furthermore if the City wants a railway crossing east of parcel 5A,
DOT will have to build an extra 500 Ft bridge to go over the
railway crossing. That expense could be used for extras on the
PGA overpass that the City of PBG would like.
Thanky~ Rotfi?!;#f
1165 8 Hemlock street
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: 1/20/2000
Date Prepared: 12/27/99
Subject/Agenda Item: Resolution _3, 2000 approving an Interlocal Agreement establishing
membership in the Municipal Public Safety Communications Consortium of Palm Beach County
Recommendation/Motion: Staff recommends approval of Resolution 3 , 2000 1.
Reviewed by: �y/
(/�
Originating Dept: Police
Costs: $ 0
Council Action:
Total
City Attomey 0O
t
[ ] Approved
Finance
$
[ I Approved w/ conditions
Current FY
ACM
( ] Denied
Advertised:
Human Res.
Funding Source:
( ] Continued to:
Attachments:
Other
Date:
[ ] General Fund
Paper:
[ x ] Not Required
[ ] Other
Submitted
Department Director
ffected parties
[ ] Notified
Budget Acct. #:
( ] None
Approved by:
City Manager
[ ] Not required
BACKGROUND:
Palm Beach County, Florida consists of thirty -seven municipalities with thirty -three separate law
enforcement/public safety agencies including the Sheriffs office and the School Board Police
Department. Twenty -nine cities have their own communication system for law enforcement, fire
and emergency medical services. The vast majority of these agencies cannot communicate with
each other because of the interoperability of their frequencies and/or equipment. Due to the rapid
growth in the County (287,000 persons added between 1980 - 1990), many existing systems are at,
or beyond their designed capacity. The channels are overloading and causing excessive delays.
Conversations become confused due to congestion, and there are no additional frequencies
available, resulting in no growth capability to support users. New technology can provide for a
better utilization of frequencies. At it's current growth rate, the year round population of the
County is projected to increase 66% over the next seventeen years to 1,554,851. The potential
"'3 1
growth will increase service requests with corresponding growth of service agencies, thereby
further taxing the radio communications systems.
Geographically, Palm Beach County is both the largest county east of the Mississippi River and in
the State of Florida. The area comprises 2,268 square miles (approximately 45 miles North -South
and 55 miles East - West). The County's large size, its projected population growth and the
numerous cities it contains (37) severely exacerbates the communication problem. This is a
serious concern, and if it is not corrected will lead to a critical degradation of public safety.
A problematic situation that routinely occurs includes the instance where police, fire and
emergency medical services are required to operate in support of each other, but do not have a
compatible communication system. This is a dangerous situation to field personnel and citizens.
It is of critical importance that a compatible communications system between agencies in the
County be established.
The Countywide Public Safety Communications Committee (CPSCC) is a committee of the
Criminal Justice Commission. It is composed of representatives of the municipalities of Palm
Beach County as well as of other public safety agencies. It was formed in 1994 to find a solution
for the municipalities to the public safety communications problem.
After much work, the CPSCC has proposed a municipal communication consortium as the best
method to achieve the desired communication system. The Law Enforcement Planning Council
(LEPC) which is composed of the Police Chiefs in Palm Beach County has reviewed the CPSCC
recommendation and endorsed it.
The Interlocal agreement, as proposed, affords the City two opt out clauses. First, any member
may withdraw from the Municipal Public Safety Communications Consortium ( MPSCC) within
sixty days of the receipt of the initial capital budget and cost projections as specified in Section 8-
C (3((b) of the attached Interlocal Agreement without penalty. Second, if a member or members
withdraw after the first review of the initial budget and cause a change in the financial obligation
of the remaining Members, the Board of Directors shall re- notice all members of the new cost
figures and allow an additional thirty day withdrawal period without penalty.
DISCUSSION:
Improving interoperability, and thus public safety communications as a whole, is a multi-
dimensional challenge. The Congress, regulatory agencies, state and local governments and the
entire public safety community need to maintain a long -term focus on interoperability as decisions
are made and as planning takes place for communications systems. Decision makers must be
educated about the need for additional and appropriate public safety spectrum, particularly for
interoperability purposes. A continued push at all levels of government for funding is necessary to
provide for upgrades to interoperable technology and to enable shared systems development.
Active participation in standard - setting initiatives is needed to ensure an open and competitive
market that meets public safety operational needs. Improved systems planning and the
W -332
coordinated planning of shared systems is essential for realizing potential cost and spectrum
efficiencies and resolving technical, operational and organizational issues related to
interoperability. And perhaps most importantly, active and constant coordination among public
safety officials and politicians from all levels of government is needed to share information and
build on effective solutions for fostering interoperability.
On December 7, 1999, Palm Beach County Board Of County Commissioners adopted a resolution
supporting the allocation, pursuant to 318.21 (10), Florida Statutes, of a portion of the $12.50
collected for each traffic violation for the benefit of the municipalities in order to support and
encourage efforts to create a countywide interoperable public safety radio communications system
in Palm Beach County.
Although, we currently have 800Mhz Trunking radio capabilities and some interoperability with other
cities, there are many interoperability issues to be resolved within the north county municipalities and
with the Palm Beach County. To date 27 of the 33 municipalities providing public safety services have
approved the Interlocal Agreement.
RECOMMENDATION:
Staff is requesting that Council approve the resolution establishing our membership in the
Interlocal Agreement to in the Municipal Public Safety Communications Consortium of Palm
Beach County (MPSCC) thereby enabling the development of a precursory budget for the
Interlocal Agreement of MPSCC. At that time the final Interlocal Agreement will be submitted
for Council's approval.
FMMM go°"3 3
RESOLUTION _3� 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPROVING
AN AGREEMENT BETWEEN THE CITY OF PALM
BEACH GARDENS AND MUNICIPAL PUBLIC SAFETY
COMMUNICATIONS CONSORTIUM OF PALM BEACH
COUNTY. THE MAYOR TO EXECUTE SAME; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens maintains a police
department utilizing radio communications services, and
WHEREAS, the City of Palm Beach Gardens desire to enter into a
cooperative arrangement to provide communications services benefiting
public safety; and
WHEREAS, the use of a consortium to provide radio
communications services expands the geographical use of available
frequencies for mutual aid and day -to -day activities; and
WHEREAS, pursuant to this Interlocal Agreement, the police and
fire departments will be able to communicate with each other benefiting
public safety concerns; and
WHEREAS, the City of Palm Beach Gardens desire to have
improved radio communications with other county, state and federal public
safety agencies, and
WHEREAS, the City of Palm Beach Gardens has determined that
it is advantageous to enter into this Agreement for the express purpose of
cooperating in the provision of public safety communications services; and
WHEREAS, Chapter 163.01, Florida Statutes, known as the
"Florida Interlocal Cooperation Act of 1969 ", authorizes local
January 10, 200(
,"WMW=W"3 4
governmental units to make the most efficient use of their powers by
enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities in a manner and
pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs
and development of local communities.
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 authorizes the Mayor and City Clerk to execute an Interlocal
Agreement between the City of Palm Beach Gardens and the Municipal
Public Safety Communications Consortium
SECTION 2. This Resolution shall take effect upon the date it is
adopted
INTRODUCED, PASSED, AND ADOPTED THIS 20'!' DAY OF JANUARY
2000.
MAYOR JOSEPH R. RUSSO
ATTEST: APPROVED AS TO LEGAL
LINDA V. KOSIER, CMC, CITY CLERK FORM AND SUFFICIENCY
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
P, FM F.- 3 5
INTERLOCAL AGREEMENT
to establish
Municipal Public Safety Communications Consortium of Palm Beach County
THIS AGREEMENT, entered into this day of
1999, by the
municipalities of Atlantis, Belle Glade, Boca Raton, Boynton Beach, Briny Breezes,
Delray Beach, Greenacres, Gulfstream, Highland Beach, Hypoluxo, Juno Beach, Jupiter,
Jupiter Inlet Colony, Lake Clarke Shores, Lake Park, Lake Worth, Lantana, Manalapan,
Mangonia Park, North Palm Beach, Ocean Ridge, Pahokee, Palm Beach, Palm Beach
Gardens, Palm Beach Shores, Palm Springs, Riviera Beach, Royal Palm Beach, South
Bay, South Palm Beach, Tequesta, Wellington, West Palm Beach; each a Florida
municipal corporation located in Palm Beach County, Florida and the Palm Beach
County School District, a unit for the control, organization and administration of schools.
WITNESSETH:
WHEREAS, each of the Parties presently maintains a police or fire department
utilizing radio communications services, and
WHEREAS, the Parties desire to enter into a cooperative arrangement to provide
communications services benefiting public safety; and
WHEREAS, the use of a consortium of the Parties to provide radio
communications services expands the geographical use of available frequencies for
mutual aid and day -to -day activities; and
MIT F "3 6
WHEREAS, pursuant to this Interlocal Agreement, the Parties' respective police
and fire departments will be able to communicate with each other benefiting public safety
concerns; and
WHEREAS, the Parties desire to have improved radio communications with
other county, state and federal public safety agencies; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement for
the express purpose of cooperating in the provision of public safety communications
services; and
WHEREAS, Chapter 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969 ", authorizes local governmental units to make the most efficient
use of their powers by enabling them to cooperate with other localities on a basis of
mutual advantage and thereby to provide services and facilities in a manner and pursuant
to forms of governmental organization that will accord best with geographic, economic,
population, and other factors influencing the needs and development of local
communities; and
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations herein, the Parties hereto agree as follows:
Section 1. PURPOSE:
The purpose of this Agreement is to provide for the establishment and operation of a
consortium:
A
To facilitate the provision of countywide interoperable radio service to the
municipal public safety agencies of Palm Beach County.
2'' °� �' 3 7
B. To purchase, install, maintain and operate the necessary equipment to complete
the radio system backbone and provide access to the 800 MHZ Radio Network for
its members.
C. To provide, maintain and operate the necessary means of connectivity between
the new radio system backbone components, existing or planned radio systems
and the Smartzone Switch.
D. To provide management and maintenance services for the consortium
communications systems.
E. To provide other public safety communications services to its members as the
Board of Directors deems appropriate.
Section 2. CREATION
There is hereby created an administrative agency to be entitled the Municipal Public
Safety Communications Consortium of Palm Beach County, herein after referred to as
"MPSCC ". The MPSCC shall have the following general powers by the parties:
A. Purchase, lease, sublease or be assigned the lease of real property from any
private party, political subdivision of the State of Florida or other governmental
entity;
B. Receive funds, including but not limited to, gifts, grants and bequests, from any
source, public or private, provided that no power to levy taxes or assessments be
inferred herefrom;
C. Improve and maintain any and all real property acquired by purchase, lease,
sublease or assignment of a lease;
OPP" F: -,3 S
3
D. Purchase, lease and install fixtures, equipment, and real property appropriate to a
public safety communications system;
E. Enter into contracts; and
F. Exercise any other power that may be necessary for the operation of a public
safety communications system or that may hereafter be agreed to by the Parties if
within the common powers of all the Parties;
G. Hold titles and licenses for the operation of the radio Backbone System;
H. Employ agencies or employees;
I. Acquire, construct, manage, maintain or operate buildings;
J. Acquire, hold or dispose of property;
K. Incur debts, liabilities or obligations which do not constitute the debts, liabilities
or obligations of any of the Parties;
L. Enter into separate agreements between the Consortium and any of its members;
M. Assess costs or membership dues to its Members.
Section 3. TERM
The term of this Agreement shall be for fifteen (15) years from the execution of this
Interlocal Agreement by all Parties hereto, unless sooner terminated as provided herein.
The term of this Agreement may be extended by the agreement of the Parties.
Section 4. DEFINITIONS
A. "800 MHZ Trunked Radio Systems (TRS)" or "System" shall mean the entirety
of any TRS owned by one of the parties.
4 •� =� 39
B. "Backbone system" shall mean those non -user specific elements of the System
which shall be jointly used or shared by the Parties and shall include, but not be limited
to, the construction, modification and/or furnishing of new or existing
transmitter /receiving sites and related subsystems as required for such System; the
construction and/or modification and out - fitting of new or existing equipment storage
facilities at such sites; security of such items, base stations, transmitters /receivers,
microwave subsystem, trunking/simulcast controllers /system managers, related software
and any other jointly used or shared items.
C. "Board" shall mean the Board of Directors.
D. "Connectivity" shall mean the method of connecting the various sites in the radio
network including, but not limited to, microwave, data links and telephone lines.
E. "Consortium" shall mean an authority created to carry out the purposes set forth
in this document.
F. "Eligible Municipality" shall mean any municipality or government entity which
provides its own police, fire or other public safety related service.
G. "FCC" shall mean the Federal Communications Commission or any successor
agency.
H. "HUB Group" shall be a geographically related group of municipalities or
government entities for the purpose of providing communication services.
I. "MPSCC" shall mean Municipal Public Safety Communications Consortium.
J. "Member" shall mean any Party to this Agreement. Member and Party may be
used interchangeably.
5
K. "Smartzone Switch" shall mean a component of the County radio system designed
to provide an interface point with other radio systems.
L. "User Specific Items" shall mean those elements of the system required for each
Party's individual communications system, purchased, installed and/or used individually
by each Party and shall include, but not be limited to, radios, dispatch consoles,
encryption devices, computer terminals, and other communications structures.
Section 5. GENERAL TERMS AND CONDITIONS
A. This Interlocal Agreement states all the rights, responsibilities and obligations of
the Parties to each other, representing the entire understanding between the Parties, and
superseding all other negotiations, representations, or agreement, either written or oral,
relating to the subject matter of this Interlocal Agreement. This Interlocal Agreement
may not be changed, altered, amended or modified except by written instrument signed
by the duly authorized representatives of all Parties.
B. The headings given to the sections herein are inserted only for convenience and
are in no way to be construed as part of this Interlocal Agreement or as a limitation of the
scope of the particular Section to which the heading refers.
C. This agreement constitutes an Interlocal Agreement authorized by Section 163.01,
Florida Statutes, being a joint exercise of power shared in common which any
municipality could exercise separately and shall be filed with the Clerk of the Circuit
Court in and for Palm Beach County, Florida.
D. Nothing under this Interlocal Agreement shall be construed to give away any
rights or benefits of any party to this agreement to anyone other than the above listed
parties, and all duties and responsibilities undertaken pursuant to this Interlocal
Agreement will be for the sole and exclusive benefit of the Parties, and not for the benefit
of any other agency or agencies.
E. This Interlocal Agreement may not be assigned by any party hereto.
Section 6. BOARD OF DIRECTORS
The MPSCC shall be governed by a board to be known as the Board of Directors. The
governing body of each Member municipality shall appoint one person to the Board. The
governing body shall also select an alternate member for the Board, who shall serve in
the absence of the regular member for whom he or she is an alternate.
A. A chairperson and vice - chairperson shall be selected by and from the Board
membership. Their duties shall be delineated in the by -laws created in
accordance with Section 7 -D.
B. The chairperson and vice - chairperson shall serve for a term of two (2) years and
may serve successive terms without limitation. Board members shall serve
without compensation from MPSCC; however, the MPSCC may reimburse the
member for expenses incurred for attendance at meetings.
7 ���, -,42
C. Each Board Member shall have one vote, however votes shall be weighted as
follows; Members' votes from municipalities with a population of 20,000 or less
shall have a weight of one. Members' votes from municipalities with a
population of 20,001 to 50,000 shall have a weight of two. Members' votes from
municipalities with a population of 50,001 or more shall have a weight of three.
The population statistics shall come from the University of Florida's Bureau of
Economic and Business Research. The Board of Directors may modify this
formula as necessary.
D. Action of the Board shall be by the majority of votes present in consideration of
the weight of each vote.
E. The Board shall establish such procedural rules and regulations for the conduct of
its meetings, as it may deem necessary. These rules and regulations shall become
part of the by -laws.
F. The Board shall meet at least quarterly and at such other times, as the Board shall
determine. All decisions of the Board shall be published in a set of minutes,
prepared by the Executive Director. Procedures for preparing and distributing the
minutes shall be set forth in the by -laws.
G. The number of members required to constitute a quorum shall be one third of the
total membership. Alternate members as designated in Section 6 may be counted
in establishing a quorum.
H. The Board of Directors may appoint as "Ad Hoc" members a representative from
any public safety agency, which has an interest in countywide radio
communications, but is not a member of the Consortium.
'T r--
8 r- r-- 3
(1.) "Ad Hoc" Members shall not have a vote on issues before the
Board of Directors, but may provide input from their agency for
consideration by the Board.
(2.) "Ad Hoc" Members shall serve without compensation from the
MPSCC.
(3.) "Ad Hoc" Members shall not be liable for any costs of the
MPSCC.
(4.) The head of the agency selected as an "Ad Hoc" Member shall
designate one person and an alternate to serve on the Board.
(5.) The initial "Ad Hoc" Member agencies shall be:
Palm Beach County Sheriff's Office
Palm Beach County Fire - Rescue
Section 7. MANAGEMENT
A. The Board of Directors may delegate responsibility for the oversight of the
Consortium's operations to the Executive Committee.
(1.) The Executive Committee shall consist of the Chairperson of each
HUB Group plus the Chairperson of the Board of Directors. The
Chairperson of the Board of Directors shall serve as the
Chairperson of the Executive Committee.
(a.) In the event the chairperson of a HUB Group is also
the Chairperson of the Board of Directors, that Hub
Group shall elect another member to represent it on
the Executive Committee.
9
pq pq 1 4 4
(2.) The exact duties and procedures for the Executive Committee shall
C. Advisory Committees may be appointed by the Board of Directors to provide
direction on matters before the Board.
D. The Board of Directors shall within forty -five (45) days of the effective date of
this Agreement, cause a by -laws document to be created and approved by a majority of
the Board.
(l.) The by -laws shall set forth the operating, administrative and
personnel procedures of the Consortium.
10 onr._;4.
be enumerated in the by -laws.
(3.)
The Executive Committee may review the actions of the Executive
Director and make recommendations.
(4.)
The Executive Committee shall meet as necessary.
(5.)
Each member of the Executive Committee shall have one vote on
matters before the Committee.
B. The authority for the day -to -day operation of the Consortium will rest with the
Executive Director.
(l.)
The Executive Director shall serve at the pleasure of the Board of
Directors. The Board of Directors may enter into a contract with
the Executive Director.
(2.)
The Executive Director may create other necessary positions and
fill them according to the personnel procedures set up in the by-
laws.
C. Advisory Committees may be appointed by the Board of Directors to provide
direction on matters before the Board.
D. The Board of Directors shall within forty -five (45) days of the effective date of
this Agreement, cause a by -laws document to be created and approved by a majority of
the Board.
(l.) The by -laws shall set forth the operating, administrative and
personnel procedures of the Consortium.
10 onr._;4.
(2.) Nothing in the by -laws may supercede any provision of this
Agreement.
(3.) Amendments to the bylaws shall require approval of at least fifty-
one percent of the weighted votes present at the meeting.
(4.) All members must be notified in writing at least twenty -one days
prior to any meeting involving a vote to amend the bylaws.
E. The Criminal Justice Commission of Palm Beach County through its Law
Enforcement Planning Council shall serve as the coordinating entity for the MPSCC until
December 1, 1999 or such time as twenty-five percent of the eligible cities who desire
participation have approved this Agreement.
(1.) Upon reaching December 1, 1999 or obtaining twenty -five percent
of eligible municipalities desiring participation, a Board of
Directors shall be appointed by the city managers of those
municipalities.
(2.) The Board of Directors may appoint an interim Executive Director
to begin establishing the administrative functions of the MPSCC.
(3.) The Board of Directors shall determine when all eligible
municipalities have approved this agreement, declined
participation, or declined by reason of lack of response and that
this agreement creating the MPSCC is considered to be effective.
(4.) The Board of Directors shall then appoint a permanent Executive
Director.
r.? 4
Section 8. FINANCIAL STRUCTURE
A. The Consortium is a cost sharing organization with costs divided among its
members as set forth within.
B. The Consortium may seek and be entitled to receive funds from the County, State
and Federal Governments.
C. The Executive Director shall prepare an annual budget for approval of the Board
of Directors.
(1.) The fiscal year for the Consortium shall begin on October 1St of
each year.
(2.) The first fiscal year of the MPSCC shall begin with the effective
date of this Agreement and end on September 301h of that year.
(3.) The Executive Director shall within nine months of the effective
date of this Agreement prepare a capital expenditure budget.
(a.) The Executive Director shall prepare a detailed
initial budgetary analysis showing the individual
expenses of each HUB and the total anticipated
obligation of each Member municipality.
(b.) The Capital expenditure budget and budgetary
analysis shall be provided to each Member within
ten days of their approval by the Board of Directors.
12
+P, P""4 71
D. Costs associated with the radio network shall be assigned to the HUB Group that
incurs them. The HUB groups are:
North West
Central South
West - Central School District Police
(l.) Each HUB Group may select the projects it wishes to be involved
in. The Group may also determine the extent it wishes to
participate in larger general projects.
(2.) Each Member shall select its HUB affiliation within thirty days of
ratifying this agreement. This selection shall be presented to the
Board of Directors for their approval.
(3.) Cost within each HUB shall be apportioned according to the
population total the percentage of each Member municipality's
population in relation to the population total of members in the
HUB.
(4.) A HUB Group may choose to use a different cost sharing formula
within that HUB subject to approval from the Board of Directors.
(5.) The Members of each HUB group shall constitute an advisory
committee to the Board of Directors.
(6.) The Board of Directors may create or delete HUB Groups as
necessary.
(7.) Each HUB Group shall elect a Chairperson to serve a two -year
term.
(8.) Actions of the HUB Groups shall be by majority of votes present
in consideration of the weight of each vote.
E. General operating costs of the Consortium shall be apportioned between the
Members according to the percentage the Member's municipality represents in relation to
the total population served by the Consortium. The Board of Directors may modify this
cost apportionment formula as it deems necessary.
(1.) The population figure applied to the School District HUB shall be
the averaged population of the Category Two municipalities.
F. Funds coming into the Consortium from sources other than Member payments
shall be used for the expenses of the HUB units and divided according to the percentage
that incoming funds represent in relation to the total budgeted expenses of the HUBS for
that fiscal year. This percentage of the incoming funds will be applied to each HUB's
expenses. Grants of funds obtained for specific purposes may be exempt from this
formula at the discretion of the Board of Directors. The Board may modify this formula
as it deems necessary.
G. The Consortium shall notify each Member of the amount of its obligation to the
MPSCC for the next fiscal year no later than March 1St of each year.
H. Nothing in this agreement shall interfere with or modify any existing agreements
between municipalities regarding the operation of existing or planned radio systems.
I. The Board of Directors shall establish procurement policies and procedures.
These shall be included in the bylaws.
J. The MPSCC shall hold title to all assets purchased by the Consortium.
14 � �!`�Y�4
K. The Board of Directors shall establish an auditing procedure that shall include at
least early audits of the Consortium's financial records by an outside auditing firm. These
procedures shall be delineated in the bylaws.
L. The Board of Directors shall establish procedures for handling the Consortium's
financial transactions and setting up the required accounting systems. These procedures
shall become a part of the bylaws.
M. Members joining the MPSCC after its effective date may be assessed a
proportionate share of prior expenses as determined by the Board of Directors.
N. Radio frequencies belonging to a Member may be used by the MPSCC with the
owner's permission. Frequencies utilized under this sharing agreement will remain the
property of the Member. Frequencies which are an integral part of existing radio
infrastructures, specifically the West Palm Beach and South County Cooperative systems,
shall remain under the sole control of these entities and not be subject to any restrictions
under this Agreement.
(1.) A Member may transfer its frequency license to the
MPSCC for compensation to be determined by the Board
of Directors. This compensation will be in the form of a
credit towards the Member's obligations to the MPSCC.
(2.) The MPSCC will be responsible for any licensing fees or
expenses for frequencies transferred to it.
O. The MPSCC may provide radio services for other law enforcement agencies or
municipal departments other than law enforcement at the discretion of the Board of
Directors.
15 0 P" 0
(1.) Municipalities or agencies desiring these additional
services shall send a request to the Board of Directors.
(2.) The Board of Directors shall set a fee schedule for these
services.
(a.) This fee schedule shall be included in the initial
budget proposal set forth in Section 8 -C.
(3.) The fee schedule may be adjusted yearly by the Board of
Directors to ensure equitable cost sharing.
(a.) The fee schedule shall be included in each fiscal
year budget.
(4.) Revenues from these fees will be directed to the HUB
Group in which the user is located.
P. The Executive Board shall establish policies and a cost formula for Members who
contract with other Members for communications services and do not directly utilize
MPSCC services.
Section 9. EMPLOYEE PROCEDURES
A. All employees shall serve at the pleasure of the Executive Director.
B. The Executive Director shall prepare a set of personnel policies and procedures
for approval by the Board of Directors. These shall be included in the bylaws upon
approval.
C. The Executive Director shall recommend a compensation package for each
employee classification for approval by the Board of Directors.
16
D. The MPSCC is an Equal Opportunity /Affirmative Action/Veteran's Preference
Employer.
E. In the event the MPSCC absorbs a communications service of one of its
Members, all employees of that Member associated with that service shall be given an
opportunity to become MPSCC employees. This opportunity shall be available during a
period no less that forty -five days prior to the effective date and ending fifteen days after
that date.
(L) All employees absorbed from another member agent must conform
to the policies, procedures and standards of the MPSCC.
(2.) Exact procedures for implementation of this section shall be
delineated in the bylaws.
F. MPSCC employees shall have a benefit package as approved by the Board of
Directors.
G. In the event that a group of agencies elects to participate in a cooperative radio
dispatch center, the group will form a section separate from the radio system HUBS. The
directors of this group will comprise a Dispatch Management Committee. This
Committee shall have authority over the dispatch personnel and responsibility for setting
dispatch and personnel policies.
(I.) These policies shall be delineated in a sub section of the bylaws.
(2.) The Dispatch Section will have responsibility for all expenses
incurred by the dispatch operation.
17
(3.) A Member of a HUB Group may chose not to participate in the
cooperative dispatch center and may still participate in the HUB's
radio system.
(4.) Any Member that participates in the cooperative dispatch center
but not in the radio system shall have a seat and weighted vote on
the Dispatch Management Committee, but shall not have a seat on
the Board of Directors.
SECTION 10. LIABILTY
A. To the extent permitted by law, each Party shall each be responsible for its own
negligence. Nothing herein shall be deemed to waive any immunities granted pursuant to
Section 768.28, Florida Statutes.
B. During the term of this Interlocal Agreement, and any extension thereof, the
MPSCC shall secure and maintain in full force and effect adequate insurance for all
equipment titled to the MPSCC. Adequate insurance shall mean in an amount sufficient
for total replacement of that equipment.
C. The MPSCC shall secure and maintain in full force and effect adequate liability
insurance during the term of this Interlocal Agreement. The amount of insurance to be
deemed adequate shall be determined by the Board of Directors.
SECTION 11. DISPUTE RESOLUTION
A. Any disputes or disagreements between any of the Parties shall be heard by the
Dispute Resolution Committee.
(1.) The Committee shall be appointed by the Chairman of the Board
of Directors within ten days of his election.
(2.) The Committee shall consist of one member from each size group
of municipalities for a total of three members. An alternate from
each size group category shall also be appointed to fill -in if an
original member should be a party to a dispute and have to
withdraw.
(3.) The Committee shall serve a two -year term.
B. The recommendations of the Dispute Resolution Committee shall be presented to
the Board of Directors for implementation.
C. Nothing in this Agreement will prohibit any member from any legal remedies that
he might otherwise have.
D. This Agreement shall be governed by the laws of the State of Florida. Any and all
legal action necessary to enforce this Interlocal Agreement shall be held in Palm Beach
County, Florida.
(1.) The Board of Directors and each Member shall have the right to
enforce the provision of this Agreement. A defaulting Member
(2)
shall be responsible for any court cost and legal fees incurred by
the Municipal Public Safety Communications Consortium.
If after an investigation or litigation of the alleged default, the
defaulting Member is found not to be in default, the Member may
recover costs incurred from the Consortium.
19 "'5 4
SECTION 12. CANCELLATION OR WITHDRAWAL FROM THIS
AGREEMENT
A. In the event that any portion of this Interlocal Agreement shall be held invalid for
any reason, such invalidity shall not effect the remaining portions of this Interlocal
Agreement and the same shall remain in force and effect.
B. Any Party after the effective date of this Agreement may withdraw from the
MPSCC and terminate their interest in this Agreement upon one year's prior written
notice to the Board of Directors.
(1.) Any Member may withdraw from the MPSCC within sixty days of
receipt of the initial capital budget and cost projections as specified
in Section 8 -C (3)(b) without penalty and without invoking the
notices required in Section 12 -B and Section 12 -E, if the budget
projections are not satisfactory to the Member.
(2.) If a Member or Members withdrawal should occur after the first
review of the initial budget and cause a change in the financial
obligations of the remaining Members; the Board of Directors shall
re- notice all Members of the new cost figures and allow an
additional thirty day withdrawal period without penalty.
C. There shall be no refund of any payments made under this Agreement for
equipment purchased or services rendered if a Party chooses to withdraw from the
MPSCC.
D. No Party shall remove or disconnect any User Specific items from the system that
would result or cause the system to malfunction or disrupt service to the system users.
20
'S 5,
E. Three years prior written notice to the Board of Directors is required to reclaim
any radio frequencies that are shared with the MPSCC and are being utilized by the
MPSCC when a Member wishes to withdraw from this Agreement.
(1.) Should the MPSCC be dissolved, all shared frequencies will revert
back to their original owner.
(2.) Should the MPSCC be dissolved, any frequencies licensed to the
MPSCC shall be transferred to the HUB Groups utilizing them.
F. Should the MPSCC be dissolved by a two thirds written vote of the membership:
(l.) All equipment and real property being utilized by each HUB group
will be retained by that group.
(2.) HUB Groups will become responsible for any outstanding
contracts or obligations relating to that group.
(3.) Any general assets of the MPSCC shall be dissolved and the
proceeds distributed to the Members in the same manner as general
operating costs in Section 8 -E.
(4.) Any outstanding contracts or obligations relating to general
operating cost will be satisfied from the proceeds of the asset
liquidation in Section 12 -6(C) before any remaining proceeds are
distributed to the Members.
21 " ?-M,"5 6
(5.) Individual HUB groups may choose to remain operational. A two
thirds written vote of the members of each HUB group is required
to dissolve it. If a HUB Group is dissolved the members may agree
to sell or transfer the operating equipment to one of the members;
or the HUB's assets will be liquidated and the proceeds, after
satisfaction of any outstanding obligations, distributed to the HUB
members in the same manner as HUB costs in Section 8 -D (3).
G. All provisions of this Agreement calling for expenditure ad valorem tax money by
any Party is subject to annual budgetary funding, and should any Party involuntarily fail
to fund any of their respective obligations pursuant to the Agreement, the Agreement may
be terminated as to that Party. However Section 12 -E of this Agreement regarding shared
frequencies shall apply.
SECTION 13. MISCELLANEOUS PROVISIONS
A. Each person signing this Agreement on behalf of either Party individually
warrants that he or she has full legal power to execute this Agreement on behalf of the
Party for whom he or she is signing, and to bind and obligate such Party with respect to
all provisions contained in this Agreement.
B. Any notice govern pursuant to the terms of this Interlocal Agreement shall be in
writing and hand - delivered or sent via certified mail, return receipt requested. Notice
shall be sent to the Chairman of the Board of Directors and the Executive Director.
C. The Parties agree to act in a spirit of mutual cooperation and good faith in the
implementation and operation of this Interlocal Agreement.
22
D. The Parties agree that no person shall on the grounds of race, color, national
origin, religion, or sex be excluded from the benefits of, or be subjected to any form of
discrimination under any activity carried out by the performance of this Agreement. The
Parties hereby agree and will ensure that all contracts which are executed pursuant to the
terms of this Agreement will contain a similar non - discrimination and equal opportunity
clause governing the contractor's or vendor's activities.
E. This document may be signed in counterpart.
23
01""5 8
IN WITNESS WHEREOF, The Parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF PALM BEACH GARDENS
Joseph Russo Date
Mayor of Palm Beach Gardens, Florida
Attest:
City Clerk, City of Palm Beach Gardens
Approved as to Form and Legality
City Attorney
Palm Beach Gardens, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged this day of , 1999,
by Mayor , on behalf of the City of Palm Beach Gardens. He /She
is personally known to me of has produced as identification and
did/did not take an oath.
Name:
Notary Public
Serial Number:
My Commission Expires:
P"r- - 59
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: January 12, 2000
Meeting Date: January 20, 2000
Subject /Agenda Item: Resolution 7, 2000 - Authorizing the City Manager to Apply for a
Highway Beautification Grant from the Florida Department of Transportation.
Recommendation/Motion: Approve Resolution 7, 2000.
Reviewed by-
"
Originating Dept.:
Costs: $ Unknown
Council Action:
N!,
(Total)
City Attorney
L'1141 `"Ato
[ ]Approved
Finance
$ 0
[ ]Approved w/
Current FY
conditions
ACM KI)
[ ]Denied
Advertised:
Other
Funding Source:
[ ] Continued to:
[X ] General Fund
-- - -- --- - - - - --
Submitted by:
Date:
Attachments:
Administration
Paper:
[X ] Other
In -kind Service;
Res 7, 2000
developer
[X ] Not Required
contributions.
Department Director
Affected parties
[ ] Notified
Budget Acct. #:
Approved by:
City Manager
[ ] Not required
[ ] None
BACKGROUND: FDOT provided the City with application information for the Highway
Beautification Grant as possible funding assistance for the additional landscaping for the PGA
Blvd Flyover. The application requires an authorizing resolution approved by the applicant's
governing body. The maximum amount of the grant is $150,000 per application and requires a
rMPRr"6 0
50 -50 match of cash or in -kind services (labor and or materials). Eligible projects include
irrigation and landscaping of MOT rights -of -way. If funded, the City would be responsible for
future maintenance of the right -of -way landscaping.
At the time of preparation of the agenda packet, staff had not itemized the type of landscaping or
the associated costs and some question remains as to whether the grant application will be
accepted by FDOT for funding of landscaping that will not be installed for a number of years
(when the flyover is nearing completion). The grant application is due February 1, 2000; this
City Council meeting is the last opportunity for approval of the required resolution.
P"M W''M 61
RESOLUTION 7, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING
THE CITY MANAGER TO APPLY FOR A HIGHWAY
BEAUTIFICATION GRANT FROM THE FLORIDA
DEPARTMENT OF TRANSPORTATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, many roadside areas and median strips abutting Department of
Transportation rights -of -way areas must be maintained and attractively landscaped;
WHEREAS, the City Council of the City of Palm Beach Gardens desires to beautify and
improve the right -of -way area along PGA Boulevard at the location of the proposed flyover by
landscaping; and
WHEREAS, the City Council of the City of Palm Beach Gardens wishes to authorize the
City Manager to apply for a Highway Beautification Grant from the Florida Department of
Transportation.
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 hereby authorizes the
City Manager to apply for a Highway Beautification Grant from the State of Florida Department
of Transportation.
SECTION 2. The City Clerk of the City of Palm Beach Gardens is hereby directed to
send copies of this Resolution to the Florida Department of Transportation and all other persons
as directed by the City Council.
SECTION 3. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF DECEMBER, 1999.
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
MAYOR JOSEPH R. RUSSO
Approved as to Form and Legal
Sufficiency.
City Attorney
I" M"n "a6 2
hi
RESOLUTION 7, 2000
PAGE 2 OF 2
VOTE: AYE NAY ABSENT
COUNCILMAN RUSSO
COUNCILWOMAN FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 20, 2000
Date Prepared: December 27, 1999
SUBJECT /AGENDA ITEM:
Second Reading of Ordinance 45, 1999 (Petition MISC- 99 -30), a request for an
amendment to the elevations of the models and the identification sign approved for the
Lone Pine development through the adoption of Ordinance 12, 1998 (see attachment). (32-
41S-43E)
RECOMMENDATION /MOTION:
Staff recommends approval of Ordinance 45, 1999 with one condition.
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
Total
City Attomey(�
Growth Management
( ] Approved
Finance N/A
$ 0
[ ] Approved W .ndltions
^�
ACM (`'K/
Current FY
[ ]Denied
Human Res. N/A
Funding Source:
[ x ]Continued to: Jan.
Advertised:
Other N/A
20,2000
Attachments:
Date: December 20, 1999
1 ] Operating
Ordinance 12, 1998
Paper: Palm Beach Post
( ] Other N/A
Approved Elevations
Proposed Elevations
Submitted by:
[ ] Not Required
PBC Sheriffs Memo
��
-
School Board Memo
Departmen Director
Affected parties
I x ] Notified
Budget Acct. #:
( ] None
Approved by:
City Manager
I ] Not required
BACKGROUND:
Robert Bentz, agent for Mil Homes Inc. is requesting an amendment to the approved
elevations and the entry sign for the Lone Pine project. The project was originally
approved on January 7, 1999 by Ordinance 12, 1998. The approval was for a rezoning
from PDA, Planned Development Area to PUD, Planned Unit Development for the
I
ppi M "OR 64
Mayor and City Council
Petition Misc -99 -30 Date: December 27, 1999
Page 2
construction of 43 single - family homes on 14.47 -acres of land located at the northeast
corner of Lone Pine Road and Easterly Avenue.
The site is bounded to the north by vacant land zoned PDA, Planned Development Area
with a land use designation of RL, Residential Low. To the south is D.D. Eisenhower
School located in unincorporated Palm Beach County. To the east is vacant land located
in unincorporated Palm Beach County, and to the west is a residential subdivision called
Cabana Colony, also located in unincorporated Palm Beach County.
REVIEW PROCESS:
This request has been classified as a Miscellaneous petition since the development review
processes outlined in Section 118 are not applicable. The changes are greater than can
be approved administratively and less than what would be considered a major amendment
to the Planned Unit Development. The City Council has the authority to approve the
request, approve with conditions, or deny the request.
PROJECT DETAILS:
The original proposal was for 43 one and two story, four (4) bedroom homes with two
typical models ranging from 3,005 square feet to 4,065 square feet. With this petition, the
applicant is requesting the approval of eight one and two story, three (3), four (4), and five
(5) bedroom models ranging from 2,534 square feet to 4,588 square feet (see table).
The elevations and colors are very similar to the "Bent Tree" project, also developed by M/I
Homes. There are twelve (12) color combinations proposed with this petition. The colors
are pastels consisting of gray, beige, peach, yellow, and white (see table).
In addition, the petitioner is proposing to amend the project identification sign. The
message of the sign is proposed to be amended from "Lone Pine" to "Prosperity Pines ".
The overall elevations and location are similar to the approved sign.
Also, the applicant is requesting that they be found in compliance with condition # 4 of
Ordinance 12, 1998.
Condition # 4 states:
"Prior to construction plan approval, the applicant shall secure an approved permit from
Palm Beach County Traffic Division for the signalization and signage of the proposed
school crossing at Lone Pine Road_"
2
_��65
Mayor and City Council
Petition Misc -99 -30 Date: December 27, 1999
Page 3
It turns out that there is an existing manned school crossing at Lone Pine Road and
Easterly Avenue, less than 300 feet west of the school crossing proposed for this project.
Both the Sheriff's Office and the School Board are satisfied that the existing crosswalk is
sufficient. Therefore, staff does not object to this request.
The petitioner is not proposing any changes to the lots, buffers, streets, amenities, or any
other aspects of the project.
CITY COUNCIL FIRST READING:
On November 4, 1999, City Council reviewed this project and passed it on first reading.
The Council requested that staff examine the approved landscape plan to be sure that it
works with the new houses. They also requested that the petitioner make a full
presentation of the project at second reading.
CITY COUNCIL SECOND READING:
On December 2 "d, 1999, City Council reviewed this project and required the petitioner to
revise the plans and add more detail to the side and rear elevations, which were
considered to be too plain. The hearing was continued to January 20, 2000.
STAFF COMMENTS:
Staff has no objections to the proposed amendments. Per Council's direction, City
Forester Mark Hendrickson has examined the landscape plans and the elevations and has
indicated that the approved landscape plan works with the new elevations. Mr.
Hendrickson has recommended approval of the petition with no additional conditions.
Please note that the petitioner has now submitted revised rear and side elevations,
modifying the elevations by adding shutters, banding and columns.
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance 45, 1999 with the following condition-
3
t" 'Wq min WON' 6
Mayor and City Council
Petition Misc -99 -30
Page 4
Date: December 27, 1999
All of the conditions of approval for Ordinance 12,1998 shall be applicable to
Ordinance 45,1999.
E
rmm67,
W
ORDINANCE 45, 1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT TO ORDINANCE 12, 1998 APPROVING A
PUD TO AMEND THE ELEVATIONS AND SIGNAGE FOR
THE LONE PINE PROJECT LOCATED AT THE
NORTHEAST CORNER OF LONE PINE ROAD AND
EASTERLY AVENUE, V, MILE WEST OF PROSPERITY
FARMS ROAD; PROVIDING FOR A CONDITION OF
APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ordinance 12, 1998 approved the original request for Planned
Unit Development consisting of 14.47 acres, located at the northeast corner of Lone
Pine Road and Easterly Avenue (" Lone Pine" project); and
WHEREAS, the City of Palm Beach Gardens received a petition from M/I Homes Inc. for
an amendment to the approved elevations and entry sign for the Lone Pine project;
WHEREAS, the 14.47 acres of land involved is presently zoned as Planned Unit
Development (PUD) with a land use designation of Residential Low (RL);
WHEREAS, the Growth Management Department has reviewed said petition
and determined that it is sufficient; and
WHEREAS, the amendment 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
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves
an amendment to Ordinance 12, 1998 approving a PUD to amend the elevations and signage for the
Lone Pine project located at the northeast corner of Lone Pine Road and Easterly Avenue, % mile
west of Prosperity Farms Road.
SECTION 2. Said Planned Unit Development is approved subject to the following condition
which shall be the responsibility of the applicant, its successors and/or assigns:
All of the conditions of approval for Ordinance 12, 1998 shall be applicable to
Ordinance 45, 1999.
SECTION 3. The City Council hereby finds that the existing school crossing at the
intersection of Easterly Avenue and Lone Pine Road satisfies condition 9 4 of Ordinance 12, 1998.
5
Pl " "6 8
SECTION 4. Construction of the Planned Unit Development shall be in compliance
with the following plans on file with the City's Growth Management Department:
1. June 30, 1997 Model Bordeaux by M/I Homes, Sheet IAR of 5, 1Brof 5, 1 C of 52R
of 5, 3R of 5.
2. June 27, 1996 Model Bordeaux by M/I Homes, Sheets IAL of 5, 1 B of 5, 1 C of
5, 2L of 5, 3L of 5.
3. October 10, 1996 Model Game room Bordeaux by M/I Homes, Sheets IAGL of 5,
1BGLof5, 1CGLof5,2Lof5,3Lof5.
4. February 10, 1997 Model Pinehurst by M/I Homes Sheets IAR of 5, 1 B of 5, 2R
of 5, 3R of 5.
5. February 10, 1997 Model Pinehurst by M/I Homes Sheets IAL of 5, 1131, of 5, 2L
of 5, 3L of 5.
6. August 18, 1999 Model Pinehurst II by M/I Homes Sheets 1 of 4 (3 sheets), 2 of 4,
4 of 4.
7. December 15, 1997 Model San Marino by M/I Homes, Sheets 1 AR of 6.
8. November 15, 1996 Model San Marino by M/I Homes, 1BR of 5.
9. November 30, 1994 Model San Marino by M/I Homes 1 CR of 6.
10. March 20, 1996 Model San Marino by M/I Homes, 3 R of 6.
11. December 30, 1996 Model San Marino by M/I Homes, 4 R of 6.
12. December 15, 1997 Model San Marino by M/I Homes, Sheet 1 AL of 6.
13. November 15, 1996, Model San Marino by M/I Homes, Sheet 1 BL of 5.
14. December 15, 1997, Model San Marino by M/I Homes, Sheets 1 CL of 6, 3 L of 6.
15. November 30, 1994, Model San Marino by M/I Homes, Sheet 4 L of 6.
16. June 17, 1997, Model Madrid by M/I Homes, Sheet 1AL of 4.
17. January 27, 1997, Model Madrid by M/I Homes, Sheets 1 BL of 4, 1 CL of 4.
18. December 23, 1998, Model Madrid by M/I Homes, Sheet 21, of 4.
19. June 17, 1997, Model Madrid by M/I Homes, Sheet 1 AR of 4.
20. January 27, 1997 Model Madrid by M/I Homes, Sheet 1BR of 4, 1 C of 4, 2R of 4.
21. January 15, 1997, Model Seaside by M/I Homes, Sheets 1 AL of 4, 1 BL of 4, 2L of
4.
22. January 15, 1997, Model Seaside by M/I Homes, Sheets IAR of 4, 1 BR of 4, 2R of
4.
23. April 22, 1998, Model Stanford by M/I Homes, Sheets IAL of 5, 1 B of 5, 1 C of
5, 2L of 5, 3L of 5.
24. April 22, 1998, Model Stanford by M/I Homes, Sheets IAR of 5, 1 B of 5,
25. March 25, 1998, Model Stanford by M/I Homes, Sheet 1 CR of 5.
26. March 26, 1998, Model Stanford by M/I Homes, Sheet 2R of 5.
27. June 18, 1998 Model Stanford by M/I Homes, Sheet 3R of 5.
28. March 25, 1998, Model Stanford by M/I Homes, Sheet ICL of 5.
29. March 26, 1998, Model Stanford by M/1 Homes, Sheet 21, of 5.
30. May 18, 1998, Model Stanford by M/I Homes, Sheet 3L of 5.
31. August 3, 1999, Signage Elevation by Land Design South, 1 Sheet.
6
jj 6
32. December 14, 1999, Pinehurst Rear and Side Elevations by M/I Homes.
33. December 22, 1999, Seaside Rear and Side Elevations by M/I Homes.
34. December 22, 1999, Stanford Rear and Side Elevations by M/I Homes.
35. December 15, 1999, Madrid Rear and Side Elevations by M/I Homes.
36. Decemberl5, 1999, San Marino Rear and Side Elevations by M/I Homes.
37. December 22, 1999, Bordeaux Rear and Side Elevations by M/I Homes.
38. New Homes Custom Color Selections by M/I Homes.
SECTION 5. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS 4TH DAY OF NOVEMBER, 1999.
PLACED ON SECOND READING THIS DAY OF , 2000.
PASSED AND ADOPTED THIS DAY OF , 2000.
MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO
VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
:•
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN DAVID CLARK
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY.
CITY ATTORNEY
AYE NAY ABSENT
7
psnpa7 O
November 25, 1998
ORDINANCE 12, 1998
AN ORDINANCE OF THE CITY COUNCIL OF T RE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
REZONING OF 14.47 -ACRES OF LAND LOCATED AT THE
NORTHEAST CORNER OF LONE PINE ROAD AND
EASTERLY AVENUE, Y2 MILE WEST OF PROSPERITY
FARMS ROAD TO A PLANNED UNIT DEVELOPMENT, IN
ORDER TO CONSTRUCT 43 SINGLE FAMILY HOMES;
PROVIDING FOR CONDITIONS OF APPROVAL; AND,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application from Pulte Home
Corporation for rezoning of 14.47 acres of land located at the northeast corner of Lone Pine Road
and Easterly Avenue to a Planned Unit Development;
WHEREAS, the 14.47 acres of land involved is presently zoned as Planned Development
Area (PDA) with a land use designation of Residential Low (RL);
WHEREAS, the Growth Management Department has reviewed said application
and determined that it is sufficient; and
WHEREAS, the rezoning 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
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the rezoning of 14.47 acres located at the northeast corner of Lone Pine Road and
Easterly Avenue, '/z mile west of Prosperity Farms Road from Planned Development Area to
Planned Unit Development, in order to construct 43 single family homes, to be known as Lone
Pine.
SECTION 2. Said Planned Unit Development is approved subject to the following
conditions which shall be the responsibility of the applicant, its successors and/or assigns:
1. Prior to construction plan approval, the applicant shall provide grading/swale details and
water quantity /quality calculations to the satisfaction of the City Engineer. (City Engineer)
2. Prior to the issuance of the first Building Permit and at all times until final Certificate of
Ordinance 12, 1998 1
twmmm71,
s
Occupancy is issued, a 11 "x 17" sign provided by the School District shall be posted in a
clear and visible location in all sales offices and models with the following:
"School age children in this development may not be assigned to the public school closest
to their residence. School District policies regarding overcrowding, racial balancing or
other boundary policy decisions affect school boundaries. Please contact the Palm Beach
County School District Boundary Office at (561)434 -8100 to verify the most current
school assignment(s) for the house addresses in this development. "(School Board)
Identical models, elevations, and color packages shall not be constructed next to or
directly across the street from each other.(Planning &Zoning)
4. Prior to construction plan approval, the applicant shall secure an approved permit from
Palm Beach County Traffic Division for the signalization and signage of the proposed
school crossing at Lone Pine Road.(City Engineer)
5. Prior to construction plan approval, the applicant shall submit for review and approval a
detail of the retaining wall and supporting calculations certified by a structural
engineer.(City Engineer)
6. The applicant shall remove all exotic invasive vegetation within the canal easement north
of their property line to the water's edge and east to west to their project's terminus. The
applicant shall be responsible for obtaining any Palm Beach County permits for said work.
The removal work shall be completed prior to issuance of the Certificate of Occupancy
for the first house adjacent to the northern property line.(City Forester)
Prior to construction plan approval, the applicant shall provide a detail and elevation of
the lift station showing the proposed landscaping buffer and fence enclosure. (City
Engineer)
8. Prior to the construction plan approval, the applicant shall provide a copy of
documentation properly recorded in the public record abandoning the existing 20 -foot
drainage easement and dedicating the new /relocated 20 -foot drainage easement. Also, the
applicant shall provide a letter of authorization from the appropriate entity allowing the
applicant to pave and landscape within the 20 -foot drainage easement. (City Engineer)
9. In the event the temporary sales trailer is in service for more than three years from the
adoption of this Ordinance, the parking lot designated for the sales trailer, shall be paved
in accordance with LDR Section 114 -206 of the City's Code. (City Engineer)
10. Prior to the construction plan approval, the applicant shall revise the lift station utility
easement from 20' to 30' on the Drainage Plan to be consistent with the Site Plan
Ordinance 12, 1998 2
ism n 72
11. Prior to construction plan approval, the applicant shall provide verification that the
overhead utilities have been removed-(City Engineer)
12. Prior to construction plan approval, the applicant shall provide a copy of the recorded
documentation of the access easement at the southwest corner of the property
encompassing a portion of Easterly Avenue per the Site Plan.(City Engineer)
13. Prior to construction plan approval, the applicant will need to provide verification that the
Adelphia cable TV box has been removed.(City Engineer)
14. Prior to the Issuance of the first Building Permit, the applicant shall convey to the County
or the City an access easement over the 33 -foot open space strip on the western end of the
project for the purpose of a pedestrian greenway connection from Eisenhower Elementary
School to Frenchman's Forest natural area.(Planning & Zoning)
15. The total recreational impact fee for the project is $64,343.05, the sum of $34,792.22 is
required to be payed prior to the issuance of the first Building Permit, the remaining
amount of $29,550.83 shall be payed in installments of $1,477.55 prior to the issuance of
Building Permit for each unit starting the 23rd unit.
SECTION 3. Construction of the Planned Unit Development shall be in compliance with the
following plans on file with the City's Growth Management Department:
1.
November 20,
1998 Site Plan by Land Design South, 1 Sheet.
2.
November 20,
1998 Landscape Plan by Land Design South, Sheets 1 of 3 and 2 of
3.
3.
November 20,
1998 Landscape Details by Land Design South, Sheet 3 of 3.
4_
November 20,
1998 Signage Elevation by Land Design South, 1 Sheet.
5.
September 15,
1998 Photometric Lighting Plan by Lighting Dynamics, Sheet
4,5,6,7 of 7.
6.
September 18,
1998 Irrigation Plan by Land Design South, I Sheet.
1,7.
March 15, 1998
and December 10, 1997 Elevations by Troy Ammons Architect
and Pulte Master Builder, Sheets Al01, A201, A202, A203, A3, A4, AT 1, A7.2,
A7.3.
8.
October 7, 1998 Lone Pine Exterior Colors samples.
SECTION 4. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS DAY OF
PLACED ON SECOND READING THIS /DAY OF
PASSED AND ADOPTED THIS #1 DAY OF
Ordinance 12, 1998
1998.
, 1999.
on7
}
R JOSEPH R" kUSSO
VICE MAYOR LAUREN FURTADO
ATTEST:
LINDA V. KOSIER, CMCC,, CITY CLE
BY-
CO
ATELLO
COUNCfa&k'�4 ERI
COUNCILMAN DAVID CLARK
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY.
�CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO --
VICE MAYOR FURTADO -�
COUNCILMAN SABATELLO
COUNCILMAN JABLIN -�
COUNCILMAN CLARK
Ordinance 12, 1998 4
'sjm7
LOCATION MAP
L
!5'1
t NOV -04-99 1$:01
FROM-9 I ROWS 4715440
Sheriff 1 0
Inter - Office Memorandum
pilot Beach county
T -208 P.02/02 F -905
To: Mark Welch, M/1 Homes DATEz 11 -04 -99
F90V; a/S Mark C_ Bohne' School Traffic Safety Unit
3V=CT= Crosswalk D. D. Eisenhower Elementary School.
This memo is a follow up to our phone corversat ion in
reference to the proposed school crossing at D_ U. Eisenhower
Elementary School.
i recently met with Palm Beach County School Board Safety
Specialist, Dale Lynton at the school site to discuss whether a new
crossing was warranted. At that time Dale and r agreed that the
present crossing located at the corner of Easterly Drive and Lone
Pine would be sufficient for the Safe crossing of children to the
school.
Tf T may be of any other assistance to you, please feel free
to call my office at- (561) 688 -3679.
Mark C. Edhae' Ib# 2627
PESO School Traffic Safety Unit
TOTW . P.02
WRFAFRQ;�7 6
NOV -15-99 12!
S
4:F0111,E!iT 00{, 04STRICT
M ZACri cOUNTr, FLORtaA
FE BENEFITS ANP RI5K MANAGEMENT
Fiu.ICouLEWD, 4k-to3
WEST PAM SEACK Fl I406 -%70
i56174H-tI5W FAX(5$i)4UdiW
4TE0293
DIANNE L HOWARD
PHECTOR
V C,
September 29,1999
MEMORANDUM
TO: File D-D- Eisenhower ElementarA
FROM: Dale L tea S Technician
Yn � �Y
Employee Benefits & Risk Management
SUBJECT: Traffic Review (Proposed Crossing Area)
T-34T P.02/02 F -205
61,1 at
On September 29, 1999 Officer Mark Bohne, Palm Bcach Sheriffs Office, and I did a review of
the proposed crossing area, for the new housing development, asaooss from Ia.U. Eisenhower
Elementary Sebnol- The following are observariom and recommendations from this review.
1. Thcrc is a crossing area at Easterly Avenue with twa crossing guards.
2. The suggested crossing area is not located at the exit of the new dcvelopm=t.
3. If smdeuts from the developrmem heed to cross the road they can du so at Easterly
Avenue. There are sidewalks that allow for a safe wal ng Prea. to the crossing.
An Equal Education opPa+iurfiY Providar ano ArGrtnaave Aaan
4 1 J ?
City Of P.8 Gardens
NOV 16 1999
GROWTH
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4%
CITY OF PALM -BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 10, 2000
Meeting Date: January 20, 2000
Subject /Agenda Item:
Public Hearing/Second Reading of Ordinance 51, 1999: Petition MISC -99 -35 - Christ Fellowship
South Conditional Use Amendment, a request by Dave Gregg, agent for Palm Beach Gardens Christ
Fellowship, Inc. to consider a petition for conditional use for the existing Christ Fellowship religious
facility to allow for an amendment to Condition # 1 of Ordinance 34, 1999 to extend the date certain
associated with the condition of Ordinance 34, 1999 from January 2, 2000 to April 1, 2000 and to
grant an additional 30 days after April 1, 2000 to complete all other site improvements.
Recommendation/Motion:
Staff recommends that the City Council approve Ordinance 51, 1999.
Reviewed by:
Originating Dept.:
Costs: $_0
Council Action:
Total
City Attorney p}
Growth Management
[ ] Approved
Finance N/A
S 0
[ ] Approved w/
ACM � / "(� /J
Current FY
conditions
-
[ ] Denied
Human Res. N/A
Advertised:
Funding Source:
[ ] Continued to:
Other N/A
Date: December 22, 1999
[ ] Operating
Attachments:
Paper: Palm Beach Post
[ ] Other N/A
Dec. 15, 1999 memo from
Not Required
Dave Gregg
Ordinance 51, 1999
SurM44
Grae,
i .
Affec ted parties
1 x ] Notified
Budget Acct. #:
Ordinance 34, 1999
[ ] None
Approved by:
City Manager
() Not required
BACKGROUND:
The Christ Fellowship Church is located on a 5.43 -acre parcel on the south side of Northlake
Boulevard, west of Military Trail. The site is zoned RL -1 (Residential Low Density -1). The subject
property was rezoned on December 20, 1990 by Ordinance 30, 1990, from Palm Beach County
1
®wim1 2 8
zoning designation of AR (Agricultural Residential) with a special exception allowing expansion
of Commercial Horse stables to the City's zoning classification of RS -1 Single Family Residential
District with a conditional use for a church and an accessory use of a preschool. On February 7,
1991, by Resolution 13, 1991, the site plan proposing the improvements of the Christ Fellowship
Church, was approved by the City Council.
On January 2, 1997, the City Council granted a temporary conditional use approval for the placement
of three modular units at the site with an expiration date of July 2, 1998. In April of 1997 the
petitioner requested additional modular units. This request has since been withdrawn. However,
in reviewing this request, the City eventually became aware that the use of this property had greatly
exceeded the scope of the church's original approval. After analysis of the situation and discussions
with the church, the City indicated that the violation of the original Development Order had to be
resolved either through Code Enforcement action or through an amendment to the original
conditional use and site plan approvals which would provide "retroactive" approval of the existing
conditions. The amendments were approved through Ordinance 34, 1999 and Resolution 86, 1999
on September 16,1999 and on November 4, 1999, respectively.
Ordinance 34, 1999 and Resolution 86, 1999 contained several dates and timeframes relating to
the completion of certain site improvements. Due to several factors discussed below, the
petitioner needs to revise these dates.
2
M®M129
TABLE I
EXISTING ZONING AND LAND USE DESIGNATIONS & SITE ANAI,VfiiR
EXISTING USE
ZONING
LAND USE
Subject Property
Residential Low Density -1
Residential Low
Church
Conditional Use
(RL)
13.8%
(RL -1)
Parking 200 Spaces
North
Planned Development Area
Residential Low
Vacant
(P.A.)
(RL)
South
Residential Estate
Residential Low
Single Family Residences
(RE)
(RL)
East
Residential Estate
Residential Low
Single Family Residences
(RE)
(RL)
West
Residential Low Density -1
Residential Low
Church
(RL -1)
(RL)
CONSISTENCY WITH THE CODE Phase 1
Consistent
Code Requirement
Proposed Plan
Yes
Residential Low Density —1
Conditional Use
Church
Yes
Lot Coverage (35 %)
13.8%
Yes
Parking 200 Spaces
201 spaces
Yes
Front Setback: 35'
250'
Yes
Side Setback: 38'
38'
Yes
Rear Setback: 25'
80' (30 feet to the top of the
bank)
Yes
Building Height: 36'
Max. 35'
Yes
Open Space (35 %)
35% not including the grass
parking
3
INN IF 1
A. Procedure
This request has been classified as a Miscellaneous petition since the development review
processes outlined in Section 118 are not applicable. The changes are greater than can be
approved administratively and less than what would be considered as a major amendment to the
conditional use. The City Council has the authority to approve the request, approve with
conditions, or deny the request.
It should be noted that a new resolution to amend the time frames associated with Resolution 86,
1999 will be brought to City Council simultaneously with the Public Hearing for this revised
ordinance.
B. Project Details
The petitioner is proposing an amendment to Condition # 1 of Ordinance 34, 1999. Condition # 1
states:
" Immediately upon the issuance of the Certificate of Occupancy for the new sanctuary for
Christ Fellowship on the north side of Northlake Boulevard (as referenced in Ordinance 20,
1997 as amended) or by January 2, 2000, whichever occurs first, the minimum parking
requirement on this 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."
The amendment is to extend the date certain associated with Condition # 1 of Ordinance 34,
1999 from January 2, 2000 to April 1, 2000 and to grant an additional 30 days after April 1,
2000 to complete all other site improvements.
The petitioner has stated in the application that the request is necessary due to the fact that the
sanctuary on the north site is about 90 days behind schedule and will not be ready to receive a
Certificate of Occupancy until April 1, 2000. The following reasons have been given by the
applicant for the delay in completion of Christ Fellowship's north site sanctuary:
Two hurricanes that have delayed site work, parking lot and landscaping.
Excessive amounts of rain days apart from the hurricanes in 1999.
Redesigned air conditioning system by a design/build contractor.
0
RES131
• National and regional shortage of drywall materials.
• Unprecedented south Florida building boom resulting in a shortage of labor and materials.
The applicant has submitted a memorandum dated December 15, 1999 with more detail about the
circumstances which have led to the construction delays for the north campus. The City's
Building Department has reviewed this memo. They feel that the reasons cited are legitimate in
light of current South Florida construction circumstances.
C. Issues:
It should be noted that the Christ Fellowship north site has received a partial Certificate of
Occupancy for the Youth Ministry and the Children Education Buildings. The sanctuary will be
the last building to be completed.
On December 16, 1999, City Council reviewed this petition as a first reading. In general, the
Council was not opposed to the date extension. They were quite concerned, however, about the
traffic situation on Northlake Boulevard, especially during Saturday night services. There were
safety concerns due to the use of shuttle buses between the two campuses.
In response, the petitioner met with the Assistant City Manager, the Growth Management
Director, and the Assistant Police Chief to review the current traffic control plan for this project.
The Assistant Police Chief has reviewed the entire traffic control operation for both Christ
Fellowship campuses, including the shuttle bus system. The Assistant Police Chief will provide
a report on this situation at this Council meeting.
At its public hearing of January 6, 2000, the City Council again reviewed this time extension
request. Assistant Police Chief Dennis O'Rourke provided a verbal report on the traffic control
measures being used at the church. The Council felt that the police department was doing its best
with a difficult situation, but that a better solution would be for the applicant to agree to cut back
on evening services. The Council also wanted to see the shuttle service terminated as soon as
possible. A condition of approval to address this situation has been added to the proposed
resolution.
The Council also discussed the fact that the church was recently the subject of a noise complaint.
This incident led to a general discussion of the Council's increasing frustration with the church,
and their perception that the church is not being a good neighbor.
After some debate, the Council voted to continue this matter to the January 20 meeting. In the
meantime, the church was requested to meet with the City staff and then develop a long -range
management plan to prevent future problems.
On January 7, 2000, a meeting was held between church representatives and City staff. The
5
MIMM
church would not agree to cut back on evening services. After some discussion of the entire
situation, the church was asked to prepare a written plan, which will address the following:
1. Future noise management for all activities.
2. Future potential expansions of the church's property, facilities, and activities.
3. A property maintenance plan.
4. Management of outdoor activities.
5. Traffic flow.
The church committed to having a written plan in to staff by Wednesday, January 12. Staff will
evaluate the plan and be prepared to discuss it at the January 20 City Council meeting.
RECOMMENDATION:
Staff recommends approval of MISC- 99 -35.
g/short:misc9935.ccldoc
/j n
6
P'"'" 13 3
ORDINANCE 51, 1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING
ORDINANCE 34,1999 TO ALLOW FOR AN EXTENSION OF
A DATE CERTAIN CONDITION OF APPROVAL RELATING
TO THE CALCULATION OF PARKING REQUIREMENTS
FROM JANUARY 2, 2000 TO APRIL 1, 2000 AT THE SITE
KNOWN AS "CHRIST FELLOWSHIP" WHICH IS
GENERALLY LOCATED ON THE SOUTH SIDE OF
NORTHLAKE BOULEVARD WEST OF MILITARY TRAIL;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received an application from Christ Fellowship Inc. to amend
Ordinance 34, 1999 to allow for an extension of the date certain of condition of approval # 1
(relating to the calculation of parking requirements) from January 2, 1999 to April 1, 2000; and
WHEREAS, Christ Fellowship's conditional use was approved by Ordinance 30, 1990; and
WHEREAS, Christ Fellowship's conditional use was expanded and amended by Ordinance
34, 1999, and
WHEREAS, the City's Growth Management Department has determined that approval of
the requested amendment to Ordinance 34, 1999 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 PALM
BEACH GARDENS, FLORIDA:
SECTION 1. 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 # 1 as set
forth in section 4 of Ordinance 34, 1999 to read as follows:
1. Immediately upon the issuance of the Certificate of Occupancy for the new sanctuary for
Christ Fellowship on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997
as amended) or by Tamar! 2 April 1, 2000, whichever occurs first, the minimum parking
requirement on this 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.
SECTION 2. Said approval shall be consistent with documents on file with the City's
Growth Management Department as follows:
7
W-' P" 1 3 4,
1. Development Application stamped November 10, 1999.
SECTION 3. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS 16`h DAY OF DECEMBER 1999
PLACED ON SECOND READING THIS 201h DAY OFJANUARY 2000
INTRODUCED, PASSED, AND ADOPTED THIS 201h DAY OF JANUARY 2000
JOSEPH RUSSO, MAYOR
COUNCILMAN ERIC JABLIN
COUNCILMAN CARL SABATELLO
ATTESTED BY:
LINDA V. KOSIER ,CMC, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
LAUREN FURTADO, VICE MAYOR
COUNCILMAN DAVID CLARK
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CITY ATTORNEY
AYE NAY ABSENT
:.
N®M135
June 24, 1999
June 30, 1999
July 2, 1999
August 27, 1999
ORDINANCE.34 ,1.999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH 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 FELLOWSBTP" WHICH IS GENERALLY
LOCATED ON THE' SOUTH SIDE OF NORTHLAKE
BOULEVARD WEST OF MILITARY TRAIL, AND TO
AMEND THE APPROVED USE OF THE RESIDENCE
BUILDING TO A YOUTH CENTER; PROVIDING FOR
CONDITIONS OF APPROVAL; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City 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 with the City's Comprehensive Plan and Land Development
Regulations, and
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 Beaclr Gardens, Florida, approves an
8
IMIM "1 1 6
1
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
amendment to Ordinance 30, 1990 to amend the conditional use to allow a permanent 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 side 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. Immediately upon the issuance of the Certificate of Occupancy for the new sanctuary for Christ
Fellowship on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as
amended) or by January 2, 2000, whichever occurs first, the minimum parking requirement on this
site shall be calculated at a rate of I 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
Warming that the seating has been reduced to 576 or less. (Development Compliance Officer)
2. simultaneous broadcasts of presentations, programs or sermons conducted at any remote location
-to this site shall be prohibited. (Code Enforcement)
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 flow 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.
9 ®® ®137;
i
PLACED ON FIRST READING THIS 4***'�5AAY OF 1999
PLACED ON SECOND READING THIS /4�; lAY 0 1
999
J SS , D ADOPTED THIS �!D DAY OF 1999
MAYOR LA REN FURTADO, VICE MAYOR
� JAB LIN AOUNCIL�M�ANAVID CLARK
[0-mill
L SABATELLO
ATTEST:
LINDA V. KOSIER ,CMC, CITY CLERK
BY•
J
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
91short: sp9703.or.doc
rn &jt
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
�
CITY ATTORNEY
AYE NAY ABSENT
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Ckr orritt
DEC 15
Memorandum
DATE: December 15, 1999
TO: Jim Norquest — Principle Planner — Palm Beach Gardens Growth Management
FROM: Dave Gregg — Director of Operations — PBG Christ Fellowship Church
In March of 1999, Christ Fellowship Church hired Webb Builders as the Construction
Manager for the North Campus. Our main objective has been to complete the entire
project as expeditiously as possible. We have worked diligently towards the
achievement of this objective. However, with a project of this magnitude, delays are
inevitable. 'The following items listed are unprecedented events, which caused
hardship and delays in scheduling and management of this project:
1. Two major hurricane events within three weeks of each other, occurring at a very
vulnerable phase of construction. After preparation for each storm, we had to
repair and replace damage to the buildings, site work and landscaping.
2. In addition to the delays resulting from the hurricane preparation and damage,
the site was not operating at 100% storm drainage capacity. This resulted in the
site retaining more storm water than designed and caused additional delays to the
site work, landscaping and parking lot construction. This, combined with the fact
that we experienced higher than average rainfall totals during the 1999 calendar
year, resulted in approximately 30 days of delays caused by weather.
3. Due to mechanical subcontractor bids coming in over budget, we found it
necessary to redesign the air conditioning system from the original plans and
specifications to a design -build concept. This necessary change resulted in a 30-
day delay in scheduling a major subcontractor to commence work.
4. A national and local shortage of drywall material resulted in at least a two -week
delay due to the unavailability of drywall materials. -
5. The event which has caused the greatest amount of delay, is an unprecedented
South Florida building boom, which resulted in a severe shortage of qualified
labor and a shortage of building materials. This shortage of labor encompasses
all phases of construction and results in constant and continuous delays, which
are difficult to measure. However, I would estimate the shortage of labor and
materials have caused this project approximately 20 days of delay.
12
...... �. , A n
e
Memorandum To Jim Norquest
Page Two
6. Elevation modifications to the buildings were applied for on March 31, 1999. After
going through the city council progress, it was approved on June 3, 1999.
During the course of this two -month period, construction of the exterior walls had
to be stopped until counsel approval was received. This represented another two -
month delay in the project.
In closing, we realize delays in construction projects are expected; however the
above listed events are not typical and resulted in delays beyond our control. The
combination of all of these events resulted in this project suffering approximately 90
days of delay in completion of construction. Despite these delays, this project has
continued fo progress and is now in the final stages of construction.
f
13
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: January 20, 2000
Date Prepared: December 29, 1999
Subject/Agenda Item
Second Reading /Public Hearing: Ordinance 52, 1999 — PGA Concourse Center.
Proposal to rezone 2.95 acres from Neighborhood Commercial (CN) to Planned
Unit Development (PUD).
Recommendation /Motion:
Staff recommends approval of Ordinance 52, 1999.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
City Attorney �
Growth
Total
[ ] Approved
Management
Finance NA
CM
q �
�N,
Al
$
Current FY
[ ]Approved wi
conditions
Humanll;es. NA
[ ] Denied
Other NA
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date: 1/5/00
[ ] Operating
Paper: The Palm
[ ] Other
• Ordinance 52, 1999
Beach Post
a Chart of Permitted
Uses
• Section 118 -613 -
Nonconforming Uses of
Land
*Aerial Photograph
(] Not Required
• Site Plan
Submitted big :
GVV--me nt
Affected parties
Budget Acct. #::
Director
[ X ] Notified
[ ] None
Approved by:
City Manager
[ ] Not required
In PP
City Council
REQUEST:
January 20, 2000
City Staff is requesting a rezoning to planned unit development for the PGA Concourse
Center located on the south side of PGA Boulevard, just east of Ballenlsles Drive. The
proposed rezoning would change the zoning of the site from Commercial Neighborhood
— CN to Planned Unit Development — PUD, and it would specify what uses are
permitted by right on the site. The proposed uses for the site are all those uses
permitted in CN zoning, plus offices for professional businesses, dentists, and medical
personnel. (11- 42S -42E)
BACKGROUND:
The PGA Concourse Center received approval in 1984 from the Site Plan and
Appearance Review Committee, for 34,500 square feet of Commercial Neighborhood
(CN) use. At that time, CN zoned sites could have professional business offices by
right, but they could not have dental or medical offices. Since 1984 the zoning code for
the City has changed and evolved. After the 1994 code amendments, no types of
offices were permitted on sites with CN zoning.
Since the opening of the PGA Concourse Center in 1985, the site has been mostly
occupied by offices (both professional business offices and dental /medical offices).
Currently there are 27 businesses in the PGA Concourse Center; 24 of these
businesses are offices (9 business and professional offices, and 15 dental or medical
offices).
REVIEW PROCESS:
This is a request for re- zoning and PUD approval. The PUD request is reviewed by the
Development Review Committee, which forwards comments and recommendations to
the Planning and Zoning Commission. After review of the proposed PUD at a workshop
meeting, the Planning and Zoning Commission shall schedule a public hearing for which
the applicant shall provide proper notice to surrounding property owners. At this
meeting, the Planning and Zoning Commission shall prepare a record of the
proceedings and transmit them to the City Council, along with their recommendation. A
First Reading is held, then the City Council shall hold a public hearing after giving due
public notice. The City Council reviews the request for PUD approval for consideration
of approval, approval with conditions, or denial.
LAND USE AND ZONING:
The subject site is zoned Neighborhood Commercial (CN), has a future land use
designation of Commercial (C), and is shown as Commercial (C) on the vision plan.
Staff wishes to rezone the site to PUD, and permit all the permitted uses (see attached)
to be conducted on the site, with the addition of the following uses:
2
,,Vial4a,
City Council January 20, 2000
1. Office, professional and business
2. Office, dental or medical
The conditional uses ( "C ") listed are not excluded from the site, but must be approved
by the City Council after review by the Planning and Zoning Commission. Public
hearings are required for a conditional use petition at both the Planning and Zoning
Commission level and at City Council. For a complete listing of adjacent uses, land use
designations and zoning districts, see Table 1
PROJECT DETAILS:
Parkinq
The PGA Concourse Center is 34,500 square feet in size. If the site were completely
occupied by dental /medical offices, the parking required would be 138 spaces (1 space
per 250 square feet for dental /medical offices totaling more than 20,000 square feet).
There are 185 parking spaces provided on the site, therefore the amount of parking on
site meets code. Even if the required parking was done at 1 space per 200 square feet,
which would be the case if the level of dental /medical office fell below 20,000 square
feet (173 spaces required), the parking on site would still meet code.
Non- conforminq Status
The dental /medical offices were never permitted by code, so their occupational licenses
were issued in error and they have no non - conforming status. That is not to say,
however, that the City may not be exposed to some liability for funds that may have
been expended in reliance on our occupational licenses.
The professional /business office situation is somewhat murkier. Those
professional /business offices permitted before August 14, 1994 have legal non-
conforming status as long as there was no break in continuous tenancy of over 6
months. Those permitted after August 18, 1994 have no legal non - conforming status.
Again, however, they have probably been relying on the City's approvals.
According to section 118 -615, Nonconforming Uses of Structures and /or Premises (see
attached), legal non - conforming uses may continue until August 18, 2001, subject to
certain conditions. After that, they presumably must be eliminated.
DEPARTMENTAL COMMENTS:
Buildinq Division
No comments.
Engineering
No comments.
M
y
City Council
Seacoast Utility Authority
No comments.
Northern Palm Beach County Improvement District
No comments.
Planning & Zoning Division
See "Recommendation" on following page.
Fire
No comments.
Police
No comments.
Parks & Recreation
No comments.
Legal
No comments.
PLANNING & ZONING COMMISSION:
January 20, 2000
October 26, 1999
The Planning and Zoning Commission reviewed this petition on October 26, 1999 and
voiced no major concerns over this petition. Based upon questions raised by the
Planning and Zoning Commission at that meeting, Staff has limited this PUD approval to
uses already permitted by right in the CN zone, except for the professional business
office and dental /medical office uses.
November 23, 1999
The Planning and Zoning Commission heard this petition as a public hearing at their
November 23, 1999 meeting. The Commission voted 6 — 0 to recommend approval of
petition PUD- 99 -13, per Staffs recommendation (see below).
CITY COUNCIL:
December 16, 1999
City Council reviewed this petition as a first reading on December 16, 1999; no major
concerns were raised by Council.
E
i�1.4.5�
City Council January 20, 2000
January 6, 2000
This petition was placed on the January 6, 2000 agenda for second reading, but was
continued to January 20, 2000 because there were an excessive number of items on
this agenda.
RECOMMENDATION:
There are three options available:
1. Require all existing offices (both professional business and
dental /medical) to vacate the site (professional business offices could
remain until August 18, 2001).
2. Require owners of the site to submit a complete petition (including fees,
site plans, landscape plans, photometrics, elevations, etc.) to rezone the
site to a PUD (any development petition along PGA Boulevard must be
done as either a PUD or a PCD), and show that the site meets ALL of the
current code requirements.
3. Have the City rezone the site to PUD, and list the permitted uses as those
that are permitted by right in CN, plus professional business offices, and
dental /medical offices.
Staff recommends that the third option be used, because it will "clean -up" the zoning
and permitted use problem that now exists on the site, without putting an undue burden
on the property owners and tenants. This option will allow uses that are already
permitted on the site (see attached chart of permitted uses), as well as the two
uses that already dominate the site (professional business offices and
dental /medical offices). Conditional uses are not disallowed on this site, but they will
have to be approved by City Council prior to being issued an occupational license (as
discussed in section "A. Land Use and Zoning ").
5
City Council January 20, 2000
EXISTING USE
ZONING
LAND'USE
Subject Property
Commercial
Commercial
Neighborhood (CN)
(C)
PGA Concourse Center
North
Planned Development
Residential — Medium
Area
Density
Undeveloped Land
(PDA)
(RM)
South
Residential — High
Residential - High
Density
Density
Longwood
(RH)
(RH)
West
Commercial
Commercial
Neighborhood (CN)
(C)
Undeveloped Land
East
Commercial
Commercial
Neighborhood (CN)
(C)
Nations Bank
(fka: JDM Barnett Bank)
g /short: pud9913.cc2.doc
/jl
Wool 47
November 24, 1999
ORDINANCE 52, 1999
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS,
FLORIDA, APPROVING AN APPLICATION BY
CITY STAFF FOR REZONING OF 2.95 -ACRES
OF LAND, LOCATED ON THE SOUTH SIDE
OF PGA BOULEVARD JUST EAST OF
BALLENISLES DRIVE AND MORE
PARTICULARLY DESCRIBED HEREIN, TO A
PLANNED UNIT DEVELOPMENT (PUD) —
COMMERCIAL, AND APPROVING THE USES
PERMITTED IN THE NEIGHBORHOOD
COMMERCIAL (CN) ZONING DISTRICT, IN
ADDITION TO THE USES OF "OFFICE,
PROFESSIONAL AND BUSINESS" AND
"OFFICE, DENTAL OR MEDICAL "; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens has initiated an
application for approval for rezoning of 2.95 -acres of land located on the
south side of PGA Boulevard, just east of Ballenlsles Drive, at 5600, 5602,
5604, 5606, 5608, and 5610 PGA Boulevard, to a Planned Unit Development
(PUD); and
WHEREAS, the 2.95 -acre site is currently zoned Neighborhood
Commercial (CN); 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 Regulations; and
WHEREAS, the City's Growth Management Department has
recommended approval of the Planned Unit Development (PUD) known as
the "PGA Concourse Center "; and
WHEREAS, the City's Planning and Zoning Commission has
reviewed said application and recommended that it be approved.
7
>:r ' "•� 5TH � ;�
Ordinance 52, 1999
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 rezones 2.95 -acres of land located on the south side of PGA
Boulevard, just east of Ballenlsles Drive, at 5600, 5602, 5604, 5606, 5608,
and 5610 PGA Boulevard, from Neighborhood Commercial (CN), to Planned
Unit Development (PUD), and approves the uses permitted by right in the
neighborhood commercial (CN) zoning district, in addition to the uses of
"Office, Professional and Business" and "Office, Dental or Medical." The
PUD will be known as the "PGA Concourse Center."
SECTION 2. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS 16" DAY OF DECEMBER 1999.
PLACED ON SECOND READING THIS 201h DAY OF JANUARY 2000.
PASSED AND ADOPTED THIS 20th DAY OF JANUARY 2000.
MAYOR JOSEPH R. RUSSO
VICE MAYOR LAUREN FURTADO
COUNCILMAN DAVID CLARK
COUNCILMAN ERIC JABLIN
COUNCILMAN CARL SABATELLO
®mu149
ATTEST BY:
LINDA V. KOSIER, CMC
CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
g /short:pud9913.or.doc
/j I
Ordinance 52, 1999
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY.
CITY ATTORNEY
AYE NAY ABSENT
we
5
§ 118 -246
PALM BEACH GARDENS CODE
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§ 118 -246
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ZONING § 118 -615
for any use permitted in district, provided all other density and land development regulations
are met. Such lots must be in separate ownership and not of continuous frontage with other
lots in the same ownership. Further, no use that requires a greater lot size than the
established minimum lot size for a particular district is permissible on a nonconforming lot.
(Code 1987, § 159.121)
Sec. 118 -613. Nonconforming uses of land.
Where, on August 18, 1994, or on the date of amendment of this chapter lawful use of land
exists and such use would no longer be permissible as of August 18, 1994, such use may be
continued for a period of seven years from August 18, 1994, so long as the use otherwise
conforms with this chapter, subject to the following.
(1) No nonconforming use- shall be enlarged, increased, or expanded to occupy a greater
area of land than was occupied on August 18, 1994. No additional structure not
conforming to the requirements of this chapter shall be erected in connection with
such nonconforming use.
(2) No nonconforming use shall be moved in whole or in a part to another portion of the
lot or parcel occupied by that use on August 18, 1994.
(3) If any nonconforming use of land ceases for any reason for a period of more than six
consecutive months, any subsequent use of the land shall conform to the regulations
for the district in which the land is located.
(Code 1987, § 159.122)
Sec. 118 -614. Nonconforming structures and improvements.
Where a lawful structure or improvement existed as of August 18, 1994, such that it
cannot now be built pursuant to this chapter by reason of restriction on area, lot coverage,
height, yards, or other characteristics of the structure or its location on the lot or the type or
amount of landscaping, the structure or improvement may be continued for a period of seven
years from August 18, 1994, so long as it remains otherwise lawful, subject to the following.
(1) No structure or improvement maybe enlarged or altered in away which increases its
nonconformity.
(2) If such structure or improvement is destroyed by any means to an extent of 50 percent
or more of its appraised value, it shall not be reconstructed except in conformity with
this chapter.
(3) No structure shall be moved in whole or in a part to any other portion of the lot or
parcel occupied by that structure after August 18, 1994.
(Code 1987, § 159.123)
Sec. 118 -615. Nonconforming uses of structures and/or premises.
If a lawful use of a structure or of structure and premises in combination exists on August
18, 1994, or the date of amendment of this chapter that would not be allowed in the district
18 ®mat 59
§ 118 -615 PALM BEACH GARDENS CODE
under the terris of this, chapter, the lawful use may be continued for a period of seven years
from August 18, 1994, so long as it remains otherwise lawful and meets all other land
development regulations, subject to the following.
(1) No existing structure devoted to a use not permitted by this chapter in the district in
which it is located shall be enlarged, extended, constructed, reconstructed, moved, or
structurally altered except in changing the use of the structure to a use permitted in
the district in which it is located.
(2) If no structural alterations are made, any nonconforming use of a structure or
structure and premises may be changed to another nonconforming use, provided the
zoning board of appeals may require appropriate conditions and safeguards in
accordance witlrthis chapter. The zoning board of appeals shall find that the proposed
use is equally or more appropriate to the district than the existing nonconforming use.
(3) Any structure or structure and land in combination in or on which a nonconforming
use is superseded by a permitted use shall thereafter conform to the regulations for
the district in which the structure is located, and the nonconforming use may not
thereafter be resumed.
(4) When a nonconforming use of a structure or structure and premises in combination is
discontinued or abandoned for six consecutive months, the structure or structure and
premises in combination shall not thereafter be used except in conformance with the
regulations of the district in which it is located.
(5) Where nonconforming use status applies to a structure and premises in combination,
removal or destruction of the structure shall eliminate the nonconforming status of
the land.
(Code 1987, § 159.124)
Sec. 118 -616. Repairs and maintenance.
Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe
condition of any building or part thereof.
(Code 1987, § 159.125)
19
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 10, 2000
Meeting Date: January 20, 2000
Subject /Agenda Item:
Consideration of Approval: Resolution 5, 2000: ( MISC- 99 -34): Christ Fellowship South Site Plan
Amendment, a request by Dave Gregg, agent for Palm Beach Gardens Christ Fellowship, Inc. to
consider a petition for an amendment to a condition of approval of Resolution 86,1999 for the
existing Christ Fellowship religious facility to extend the date certain associated with condition #
3 of Resolution 86, 1999 from January 2, 2000 to April 1, 2000 and to grant an additional 30 days
after April 1, 2000 to complete all other site improvements.
Recommendation/Motion:
Staff recommends that the City Council approve Resolution 5, 2000.
Reviewed by: �Y"
Originating Dept.:
Costs: $_0_
Council Action:
G� f�
Total
City Attorney V�
Growth Management
( ] Approved
Finance N/A
$ 0
[ J Approved w/
ACM
Vhf
Current FY
conditions
( J Denied
Advertised:
Other N/A
Funding Source:
J Continued to:
Attachments:
Date:
( ] Operating
Resolution 5, 2000
Paper:
( � Other N/A
Resolution 86, 1999
Suitt d b
( x J Not Required
Dec. 15, 1999 memo from
owt M
Affected parties
( J Notified
Budget Acct. l:
Dave Gregg
( J None
Approved by:
City Manager
( x J Not required
BACKGROUND:
The Christ Fellowship Church is located on a 5.43 -acre parcel on the south side of Northlake
Boulevard, west of Military Trail. The site is zoned RL -1 (Residential Low Density-1). The subject
property was rezoned on December 20, 1990 by Ordinance 30, 1990, from Palm Beach County
zoning designation of AR (Agricultural Residential) with a special exception allowing expansion
of Commercial Horse stables to the City's zoning classification of RS -1 Single Family Residential
District with a conditional use for a church and an accessory use of a preschool. On February 7,
1991, by Resolution 13, 1991, the site plan proposing the improvements of the Christ Fellowship
Church, was approved by the City Council.
PW PWW W" 16
On January 2, 1997, the City Council granted a temporary conditional use approval for the placement
of three modular units at the site with an expiration date of July 2, 1998. The purpose of these
modular units was to help alleviate overcrowding.
In April of 1997 the petitioner requested additional modular units. This request has since been
withdrawn. However, in reviewing this request, the City eventually became aware that the use of
this property had greatly exceeded the scope of the church's original approvals. Therefore, to
resolve the violation of the original Development Orders, petitions CU -97 -04 and SP -97 -03 were
approved in 1999 by Ordinance 34, 1999 and Resolution 86, 1999, to amend the conditional use and
the site plan.
Condition 3 of Resolution 86, 1999 states:
" Within 30 days of 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 on January 2, 2000, whichever shall first occur, the petitioner shall:
A. Close the access point between this site and the Church of the Nazarene to the west.
B. Complete all non - landscape site improvements and changes.
C. Remove the modular units from the property.
D. Pave all parking aisles per City code.
The purpose of this petition is to extend the date certain associated with Condition # 3 of
Resolution 86, 1999 from January 2, 2000 to April 1, 2000 and to grant an additional 30 days
after April 1, 2000 to complete all other site improvements.
The petitioner states that they do not expect to have their Certificate of Occupancy for the sanctuary
until about April 1. At that time they can move the majority of their operation to the new campus.
They can then commence the physical site improvements on the old campus called for in condition
# 3 of Resolution 86, 1999. They need about 30 days to complete these improvements.
FA
wmm164
DISCUSSION
A. Land Use and Zoning
The current land use designation for the subject site is Residential Low (RL) with a Residential Low
Density -1 (RL -1) zoning and conditional use for a church. For a complete listing of adjacent uses,
land use designations and zoning districts, see Table I.
B. Concurrency
The project was reviewed and approved for concurrency as part of the original site plan approval
process for the church improvements. The petitioner has also submitted a traffic statement
indicating that the expanded use of the site still meets the County Traffic Performance Standards.
3
16
TABLE I
EXISTING ZONING AND LAND USE DESIGNATIONS & SITE ANALYSIS
EXISTING USE
ZONING
LAND USE
Subject Property
Residential Low Density -1
Residential Low
Church
Conditional Use
(RL)
13.8%
(RL -1)
Parking 200 Spaces
North
Planned Development Area
Residential Low
Vacant
(P.A.)
(RL)
South
Residential Estate
Residential Low
Single Family Residences
(RE)
(RL)
East
Residential Estate
Residential Low
Single Family Residences
(RE)
(RL)
West
Residential Low Density -1
Residential Low
Church
(RL -1)
(RL)
CONSISTENCY WITH THE CODE Phase 1
Consistent
Code Requirement
Proposed Plan
Yes
Residential Low Density —1
Conditional Use
Church
Yes
Lot Coverage (35 %)
13.8%
Yes
Parking 200 Spaces
201 spaces
Yes
Front Setback: 35'
250'
No *
Side Setback: 38' *
22'
Yes
Rear Setback: 25'
80' (30 feet to the top of the
bank)
Yes
Building Height: 36'
Max. 35'
Yes
Open Space (35 %)
35% not including the grass
parking
* A shed in the southwest corner which will be relocated in Phase 2.
4
MINI'166
C. Procedure
This request has been classified as a Miscellaneous petition since the development review
processes outlined in Section 118 are not applicable. The changes are greater than can be
approved administratively and less than what would be considered as a major amendment to the
site plan. The City Council has the authority to approve the request, approve with conditions, or
deny the request.
It should be noted that a new ordinance to amend the time frame associated with Ordinance 34,
1999 will be brought to City Council simultaneously with this petition.
D. Project Details
The petitioner is proposing an amendment to the site plan approved by Resolution 86,1999 for the
existing Christ Fellowship religious facility. The amendment is to extend the date certain associated
with condition # 3 of Resolution 86, 1999 from January 2, 2000 to April 1, 2000. Since they now
expect to receive their C.O. for the new sanctuary about April 1, they need an additional 30 days to
complete the conditions on the south campus which are triggered by the Certificate of Occupancy.
The petitioner has stated in the application that the request is necessary due to the fact that the
sanctuary on the north site is about 90 days behind the schedule and will not be ready to receive a
Certificate of Occupancy until April 1, 2000. The following reasons have been indicated by the
applicant for the delay in completion of Christ Fellowship's north site sanctuary:
• Two hurricanes that have delayed site work, parking lot and landscaping.
• Excessive amounts of rain days apart from the hurricanes in 1999.
• Redesigned air conditioning system to a design/build contractor.
• National and regional shortage of drywall materials.
• Unprecedented south Florida building boom resulting in a shortage of labor and materials.
The applicant has submitted a memorandum dated December 15, 1999 with more detail about the
circumstances which have led to the construction delays for the north campus. The City's Building
Department has reviewed this memo. They feel that the reasons cited are legitimate in light of
current South Florida construction circumstances.
E. Issues:
It should be noted that the Christ Fellowship north site has received a Certificate of Occupancy
for the Youth Ministry and the Children Education Buildings. It should also be noted that
conditions 2.A. and 2.B. of Resolution 86, 1999 have been complied with.
Please note that the City Council reviewed petition MISC- 99 -35, Ordinance 51, 1999 on
December 16, 1999 as a first reading. In general, the Council was not opposed to the date
NIN®1 6Z
extension. They were quite concerned, however, about the traffic situation on Northlake
Boulevard, especially during Saturday night services. There were safety concerns due to the use
of shuttle buses between the two campuses.
In response, the petitioner met with the Assistant City Manager, the Growth Management
Director, and the Assistant Police Chief to review the current traffic control plan for this project.
The Assistant Police Chief has reviewed the entire traffic control operation for both Christ
Fellowship campuses, including the shuttle bus system. At its public hearing of January 6, 2000,
the City Council again reviewed this time extension request. Assistant Police Chief Dennis
O'Rourke provided a verbal report on the traffic control measures being used at the church. The
Council felt that the police department was doing its best with a difficult situation, but that a
better solution would be for the applicant to agree to cut back on evening services. The Council
also wanted to see the shuttle service terminated as soon as possible. A condition of approval to
address this situation has been added to the proposed resolution.
The Council also discussed the fact that the church was recently the subject of a noise complaint.
This incident led to a general discussion of the Council's increasing frustration with the church,
and their perception that the church is not being a good neighbor.
After some debate, the Council voted to continue this matter to the January 20 meeting. In the
meantime, the church was requested to meet with the City staff and then develop a long -range
management plan to prevent future problems.
Staff met with church representatives on January 7, 2000 and provided direction on the
management plan. The church would not agree to cut back on evening services. After some
discussion of the entire situation, the church was asked to prepare a written plan, which will
address the following:
1. Future noise management for all activities.
2. Future potential expansions of the church's property, facilities, and activities.
3. A property maintenance plan.
4. Management of outdoor activities.
5. Traffic flow.
The church committed to having a written plan in to staff by Wednesday, January 12. Staff will
evaluate the plan and be prepared to discuss it at the January 20 City Council meeting.
RECOMMENDATION:
Staff recommends approval of MISC- 99 -34.
g/short: misc9934.cc.doc
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0
.7"i 6 $
RESOLUTION 5, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING
RESOLUTION 86, 1999 TO ALLOW FOR AN EXTENSION
OF A DATE CERTAIN CONDITION OF APPROVAL
RELATING TO THE COMPLETION OF IMPROVEMENTS
ON THE SITE KNOWN AS "CHRIST FELLOWSHIP ",
WHICH IS GENERALLY LOCATED ON THE SOUTH SIDE
OF NORTHLAKE BOULEVARD WEST OF MILITARY
TRAIL; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, 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
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, Christ Fellowship's amendment to its site plan was approved by Resolution 86,
1999, and
WHEREAS, the City's Growth Management 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 1. 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 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 on by Tams"- -' 2 May 1, 2000, whichever shall first occur, the petitioner shall:
A. Close the access point between this site and the Church of the Nazarene to the west.
7
UN5169
B. Complete all non - landscape site improvements and changes.
C. Remove the modular units from the 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:
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.
SECTION 3. Said approval shall 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 "' DAY OF JANUARY 2000.
MAYOR JOSEPH R. RUSSO
ATTEST: APPROVED AS TO LEGAL FORM AND
LINDA V. KOSIER ,CMC, CITY CLERK SUFFICIENCY.
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
71aw17�
November 2, 1999
RESOLUTION 86, 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING
RESOLUTION 13,1991 APPROVING A SITE PLAN FOR THE
DEVELOPMENT KNOWN AS "CHRIST FELLOWSHIP"
LOCATED ON THE SOUTH SIDE OF NORTHLAKE
BOULEVARD WEST OF MILITARY TRAIL, IN ORDER TO
APPROVE CERTAIN INFRASTRUCTURE
IMPROVEMENTS; PROVIDING FOR AMENDMENT TO
RESOLUTION 4, 1997 TO GRANT A TIME EXTENSION
FOR THE TEMPORARY CONDITIONAL USE FOR
MODULAR UNITS; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received an application from Christ Fellowship Inc. for an
amendment to the approved site plan and other documents for the development known as "Christ
Fellowship" located approximately 3/4 mile west of Military Trail on the south side of Northlake
Boulevard, as more particularly described in Exhibit "A" attached hereto, to allow the construction
of additional parking and other infrastructure improvements, and to extend the effective date of the
time extension for the modular units, and
WHEREAS, Christ Fellowship's conditional use was approved by the City Council by
Ordinance 30, 1990 on becember 20, 1990, and amended by the City Council by Ordinance 34,
1999 on September 16, 1999, and
WHEREAS, Christ Fellowship's site plan was approved by the City Council by Resolution
13, 1991 on February 7, 1991, and
WHEREAS, Christ Fellowship's temporary modular units were approved by the City
Council by Resolution 4, 1997 on January 2, 1997, and
WHEREAS, the Growth Management Department has reviewed said application and
determined that it is sufficient, and
WHEREAS, the City's Growth Management Department has determined that approval of
said application is consistent with the City's Comprehensive Plan and Land Development
Regulations.
WHEREAS, the Site Plan Appearance & Review Committee of the City of Palm Beach
Gardens has recommended approval of said petition, with conditions.
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
an amendment to Resolution 13, 1991 approving a site plan for the development known as "Christ
Fellowship" located on 5.43 acres approximately 3/4 mile west of Military Trail on the south side
of Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto, to construct
drainage facilities, additional parking, and other infrastructure improvements.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby approves
an amendment to Resolution 4, 1997 to extend the expiration date of the approval granted by that
resolution until the granting 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 shall first occur.
SECTION 3. Said approval shall be subject to the following conditions, which shall be the
responsibility of the applicant, its successors and/or assigns:
1. The Conditions of Approval of Resolution 13, 1991 remain in effect. (Development
Compliance Officer)
2. Within 30 days of the adoption of this resolution, the petitioner shall:
A. Remove the 15 parking spaces on the basketball court. (Development Compliance
Officer)
B. Install the new landscaping which is shown on the Phase 2 (Proposed Landscape)
Plan except for areas of the site which are subject to new construction for drainage
facilities. Landscaping in drainage construction areas shall be installed within 30
days of the completion of that construction. (Development Compliance Officer)
3. Within 30 days of 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 on January 2, 2000, whichever shall first occur, the
petitioner shall:
A. Close the access point between this site and the Church of the Nazarene to the
west.
9
R"13 z
B. Complete all non - landscape site improvements and changes.
C. Remove the modular units from the property.
D. Pave all parking aisles per City code. (DevelopmentCo mp fiance Officer)
4. Within 90 days of 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), the petitioner shall tie this project into the public sewer
system. (Development Compliance Officer)
SECTION 4. Construction of said development 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 (date stamped October 28, 1999) Glen Pate
& Associates, Sheet SP 1.0
3. June 16, 1999 Existing (as - built) Landscape Plan, Glen Pate & Associates, Sheet L -1
4. October 26, 1999 Proposed Landscape Plan, Glen Pate & Associates, Sheet L -2
5. September 4, 1999 Stormwater Management Plan (Church Site), Kenneth H. Kruger,
P.E.
6. September 7, 1999 (date stamp)Conceptual Drainage Plan (Full Buildout), Kenneth
H. Kruger, P.E., Sheets 1 -2
7. August 5, 1999 Future Phase 2 Photometric Site plan, Glenn Pate & Associates,
Sheet ESP 1.0
SECTION 5. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THIS__ DAY OFI- -N °/K 1C,� 10, 1999
ATTEST:
LINDA V. KOSIER
BY: &�66
V
JOSF" RUSSO, MAYOR
APPROVED AS LEGAL FORM AND
SUFFICIENC
CITY ATTORNEY
10 rpol 7a-
VOTE: AYE NAY ABSENT
MAYOR RUSSO ✓/
VICE MAYOR FURTADO ✓
COUNCILMAN JABLIN ✓
COUNCILMAN CLARK
COUNCILMAN SABATELLO
f
11
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Memorandum 1 g
DATE: December 15, 1999
TO: Jim Norquest — Principle Planner — Palm Beach Gardens Growth Management
FROM: Dave Gregg — Director of Operations — PBG Christ Fellowship Church
In March of 1999, Christ Fellowship Church hired Webb Builders as the Construction
Manager for the North Campus. Our main objective has been to complete the entire
project as expeditiously as possible. We have worked diligently towards the
achievement of this objective. However, with a project of this magnitude, delays are
inevitable. 'The following items listed are unprecedented events, which caused
hardship and delays in scheduling and management of this project:
1. Two major hurricane events within three weeks of each other, occurring at a very
vulnerable phase of construction. After preparation for each storm, we had to
repair and replace damage to the buildings, site work and landscaping.
2. In addition to the delays resulting from the hurricane preparation and damage,
the site was not operating at 100% storm drainage capacity. This resulted in the
site retaining more storm water than designed and caused additional delays to the
site work, landscaping and parking lot construction. This, combined with the fact
that we experienced higher than average rainfall totals during the 1999 calendar
year, resulted in approximately 30 days of delays caused by weather.
3. Due to mechanical subcontractor bids coming in over budget, we found it
necessary to redesign the air conditioning system from the original plans and
specifications to a design -build concept. This necessary change resulted in a 30-
day delay in scheduling -a major subcontractor to commence work.
4. A national and local shortage of drywall material resulted in at least a two -week
delay due to the unavailability of drywall materials.
5. The event which has caused the greatest amount of delay, is an unprecedented
South Florida building boom, which resulted in a severe shortage of qualified
labor and a shortage of building materials. This shortage of labor encompasses
all phases of construction and results in constant and continuous delays, which
are difficult to measure. However, I would estimate the shortage of labor and
materials have caused this project approximately 20 days of delay.
momm17�
Memorandum To Jim Norquest
Page Two
6. Elevation modifications to the buildings were applied for on March 31, 1999. After
going through the city council progress, it was approved on June 3, 1999.
During the course of this two -month period, construction of the exterior walls had
to be stopped until counsel approval was received. This represented another two -
month delay in the project.
In closing, we realize delays in construction projects are expected; however the
above listed events are not typical and resulted in delays beyond our control. The
combination of all of these events resulted in this project suffering approximately 90
days of delay in completion of construction. Despite these delays, this project has
continued fo progress and is now in the final stages of construction.
13
/ f
TRANSMISSION VERIFICATION REPORT I
TIME: 01/08/1994 17:39
NAME: PBG PLANNING ZONING
FAX 4077751014
TEL 4077758295
DATE DIME
01/08 17:25
FAX NO. /NAME
96221732
DURATION
00:14:01
PAGE(S)
23
RESULT
OK
MODE
STANDARD
sum ml 7 8
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date:_January 20, 2000_
Date Prepared: December 24, 1999
Subject/Agenda Item: Public Hearing - Resolution 6, 2000, Petition VAR- 99 -06, sign variance
application for Cathedral of St. Ignatius Loyola ground sign. The site is located at the intersection
of Military Trail and Holly Drive, on the southwest corner of Military Trail and Holly Drive. (12/13 -
42E-42S)
Recommendation/Motion:
Staff is recommending approval of Resolution 6.2000
Reviewed by:
Originating Dept:
Costs: $ 0
Total
Council Action:
City Attorney
Growth Management
[ ] Approved
Department
Finance N� /A
(`
1 ) Approved wi��aa o�
ACM \l \/
Current
nt FY
Denied
Human Res. N/A
Funding Source:
[ ] Continued to:
Advertised:
Other N/A
Date: Jan. 5, 2000
[ ] Operating
Attachments:
Paper: Palm Beach Post
( ] Other N/A
Resolution 6, 2000
[ ] Not Required
Affected parties
( X ] Notified
Budget Acct #::
Site Plan
[ ] None
Submitted by- ,
Groov
Department `—
Approved by:
City Manager
[ ] Not required
BACKGROUND:
Cathedral of St. Ignatius Loyola, applicant, is petitioning the City Council for two sign variances for
an existing ground sign on the southwest corner of Military Trail and Holly Drive. The subject sign
is located at 9999 N. Military Trail, Palm Beach Gardens, FL 33410.
The sign has been determined by staff to be non - conforming for exceeding the maximum length of
15 feet and being only approximately 10.2 feet away from the front property line. Code requires a
minimum 15 -foot setback from the front property line. The sign was constructed in 1984 and was
made non - conforming by the revised sign code adopted on January 17, 1990.
The applicant was notified of the non - conforming status of the existing ground sign, as part of the
non - conforming sign notification procedures.
nal 79
The future land use designation of the site is Residential Medium (RM), while the zoning
classification is Residential Medium Density (RM). Land uses adjacent to the subject site consist
of Residential Low (RL) and Medium (RM) to the south, Residential Low (RL) to the west; Public
(P) to the east, and Professional Office (PO). The site is currently being used as a religious
center /church.
PROCEDURE:
The Land Development Regulations (LDRs) designate the authority of reviewing and granting sign
variances directly to the City Council. As with other variances, a petitioner must demonstrate
hardship. Section 110 -72, Variances, states that "The hardship shall not be economics or natural
obstructions on adjacent land, but shall be a hardship whereby an applicant cannot reasonably enjoy
and utilize the intended benefits provided in this chapter." This should be the basis for which the
variance shall or shall not be granted.
The subject sign is in conformity with ground sign code requirements, except, the minimum 15 -foot
setback and the maximum 15 -foot length requirement, as outlined in chapter 110, signs, of the City's
Land Development Regulations.
VAR -99 -06 For Cathedral of St. Ignatius Sign Variance Request
Ground Sign Code Requirements and Status of Existing Sign on Subject Site
1. Minimum Setbacks
Code Requirements: Chapter l 10 -36. Ground Signs.
(c) "Ground signs shall be placed no closer than l5 feet from the front property lines..."
Present Condition: Sign is approximately 10 feet away from the front property line. Sign is not in compliance with the
above provision. Applicant is requesting a variance from the 15 -foot setback required by the Code.
Request: Applicant requests a variance for approximately 4.8 feet, from front property line.
2. Maximum Sign Length
Code Requirements: Chapter 110 -36. Ground Signs.
(b) "A ground sign structure shall not exceed ten feet in overall height above the centerline of the adjacent roadway nor shall
it exceed 15 feet in length..."
Present Condition: Sign is approximately 24.8 feet in length. It is not in compliance with the above provision. Applicant
is requesting a variance from the maximum length permitted by Code for ground signs.
Request: applicant requests a variance for approximately 9.8 feet from the maximum length requirement.
As the chart indicates, there are two Code requirements with which the two existing sign is not in
compliance. The petitioner is requesting one variance from the 15 -foot setback requirement and
another variance from the maximum length of a sign permitted by the Code
JUSTIFICATIONS OF VARIANCE:
2
®®n 1 V 0
According to the applicant, the petitioner is unable to comply with these requirements without
creating a hardship due to on -site aesthetic and architectural considerations and proximity issues
related to an adjacent property.
First, the architectural character of the sign closely resembles that of the cathedral building and was
constructed with the same material with which the cathedral was built. The sign distinctly represents
the spire, which rises over the cathedral sanctuary and alter. The small spire placed within the sign
signifies unity of architectural style with the rest of the cathedral and presents a religious message
compatible with the function and use of the building and site, respectively. The sign also functions
as a landmark with which one identifies the congregation and the community at large. Reducing the
size of the sign would necessitate the removal of the spire, which would render the sign to be ordinary
looking and not in harmony with the overall architectural style of the cathedral.
Second, the adjacent property to the north of the cathedral currently has heavy vegetation and a low
wall constructed within approximately six feet of the street curb, according to the applicant. Both the
vegetation and the wall hinder sufficient eyesight to the sign and the cathedral from the north.
Pushing back the sign 15 feet away from the property line to comply with the front setback
requirement would cause the sign to be nearly hidden from the north by the vegetation and wall
located on the adjacent property.
STAFF COMMENTS:
Staff has reviewed the site plan and photographs provided by the applicant and concurs that requiring
compliance with the sign Code in this instance would create an undue hardship on the applicant based
on the reasoning provided above.
The City Engineer has reviewed the location of the ground sign and has not raised any safety
concerns.
RECOMMENDATION:
Staff has reviewed this petition and has determined that the applicant has demonstrated a hardship
whereby an applicant cannot reasonably enjoy and utilize the intended benefits provided in this
chapter. This determination is based on the following:
• The existing sign is distinctive, conveys a message compatible with the function and use of the
building, is in harmony with the architectural style, and serves as a landmark for the community.
In addition, the sign is in compliance with all other remaining sign Code provisions.
• The justification or the hardship identified by the applicant is reasonable because sufficient view
of the sign would be obstructed by the wall and vegetation located on the property adjacent to the
cathedral. Reducing the length of the sign to no more than 15 feet would lead to the removal of
the spire and a good portion of the existing sign. This may lead to making an architecturally
3
®N181
attractive and compatible sign with the building into an ordinary looking sign that has no
symbolic message to convey and would not serve as a landmark to the community.
Based on this analysis, staff recommends approval of this petition for a variance.
G:/Talal /var99 -06.st 1
4
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December 30, 1999
RESOLUTION 6, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, GRANTING A
VARIANCE TO THE REQUIREMENTS OF SECTION 110 -36
OF THE CITY CODE, ENTITLED "GROUND SIGNS," FOR
ONE (1) EXISTING GROUND SIGN LOCATED AT 9999
NORTH MILITARY TRAIL AT THE CORNER OF
MILITARY TRAIL AND HOLLY DRIVE; PROVIDING FOR
REPEAL OF RESOLUTIONS IN CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Cathedral of St. Ignatius Loyola has filed a petition for variance from the
setback and maximum length requirements applicable to one existing ground sign, as set forth
in section 110 -36 of the City Code; and
WHEREAS, in accordance with section 110 -72 of the City Code, the City Council
finds that the applicant has sufficiently demonstrated an undue hardship whereby it can not
reasonably enjoy and utilize the benefits provided in the City sign code; and
WHEREAS, the City Council further finds that the variance meets the general intent
and purpose of the City sign code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
Section 1. Variance to the requirements of section 110 -36, entitled "Ground signs," is
hereby granted for one (1) existing ground sign located at 9999 North Military Trail,
Palm Beach Gardens, FL 33410, at the southwest comer of Military Trail and Holly
Drive; as more specifically defined as follows:
A variance from the minimum front setback and the maximum length requirements of
fifteen (15) feet from the front property line and fifteen (15) feet in length, respectively.
The existing sign is approximately 10.2 feet from the front property line and 24.8 feet
in length. Therefore, the variance granted is for 4.8 and 9.8 feet, respectively.
Section 2. All resolutions in conflict herewith are hereby repealed.
Section 3. This resolution shall be effective immediately upon adoption.
5
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INTRODUCED, PASSED AND ADOPTED THIS
ATTEST:
LINDA V. KOSIER
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
\eat
GATa laUvar9906.re.wpd
6
DAY OF JANUARY 2000.
JOSEPH RUSSO, MAYOR
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CITY ATTORNEY
AYE NAY ABSENT
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CATHEDRAL OF ST. IGNATIUS LOYOLA
Palm Beach Gardens, Florida
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Palm Beach Gardens, Florida
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GW.WT.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 20, 2000
Subject/Agenda Item:
Ordinance 2, 2000 - Amendment to the Comprehensive Plan to Incorporate the Former
Military/ Northlake Enclave
Recommendation /Motion:
Staff recommends approval of Ordinance 2, 2000.
Reviewed by. ` -�
Originating Dept.:
Costs: $_0
Council Action:
City Attorney
ACM �6
Planning & Zoning
Division
/�
Total
$ 0
[ ] Approved
[ ] Approved W conditions
Current FY
Other N/A
[ ] Denied
Funding Source:
[ ] Continued to:
Advertised:
Attachments:
Date:
[ ] Operating
Paper:
[ x ] Not Required
[ ] Other N/A
Ordinance 2, 2000
Submitted by:
- ector
Affected parties
[x ] Notified
Budget Acct. #:
[ ] None
Approved by:
Property Owners
City Manager
[ ] Not required
BACKGROUND:
The City Council approved the "Interlocal Agreement for Annexation of Enclaves" on
November 4th and the Board of County Commissioners approved the agreement on
December 21s`, thereby annexing the Northlake /Military enclave into the City of Palm
Beach Gardens. County regulations apply until the property is brought into the City's
Comprehensive Plan.
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PROPOSAL:
This is a city- initiated small -scale land use change to designate the former enclave with
city land use. The total area is 2.59 acres in size. Staff proposes to maintain
Commercial land use on the properties.
Character of Former Enclave
Western Property. The western parcel is 0.73 acres in size. It has a county land use
designation of Commercial (C), zoning district of Commercial General (CG), and is
occupied by a Hess gas station. There are no county zoning /site plan approval records
of this site. It is considered a legal non - conforming use. (By current county codes a Class
A conditional use for a convenience store with gas sales would be required.) Blimpies
(sandwiches) is co- located in the convenience store.
Eastern Properties: The eastern properties total 1.86 acres in size. The area is
comprised of four individual (and separately owned) parcels. It has county land use
designation of Commercial (C), zoning district of Commercial Neighborhood (CN) or
Commercial General (CG), and is occupied by a commercial plaza which contains Stop >n
Save convenience store, Sitting Pretty Photo Studio, Pizza Man, Main Line Lounge and
Rumors private club; a building containing Gibson Market/Papa John's pizza; a
showroom /business office for North County Plumbing; and Amoco gas station. County
zoning /site plan approval records are only available for the North County Plumbing and
commercial plaza parcels. The Amoco station is considered a legal nonconforming use
which would under today's code require rezoning to CG and conditional use (Class A)
approval. The other uses are allowed by the zoning district.
Surroundinq Land Uses
Military /Northlake Former Enclave Land Use Amendment
Surrounding Land Uses
Development Name
Land Use
North
Northmil and Sunny Plaza
Commercial
South
Gardens Park Plaza and Shell
Oil Station
Commercial
East
Northmil
Commercial
West
Sunny Plaza
Commercial
2
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ANALYSIS:
The proposed city land use designation, Commercial, is comparable to the current county
land use designation, Commercial. The maximum intensities of the land use categories
are similar and no additional impacts are foreseen.
Staff has notified the Intergovernmental Plan Amendment Review Committee (IPARC)
about the proposed land use amendment. The proposed amendment has received no
objection through this forum.
RECOMMENDATION
Staff recommends approval of the comprehensive plan amendment (a change from county
Commercial to city Commercial). The Local Planning Agency unanimously recommended
approval of the petition at its January 11th public hearing.
Note: After the comprehensive plan has been amended to incorporate the former enclave,
staff will initiate a rezoning to designate a City zoning district on the property.
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Location Map
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January 7, 2000
ORDINANCE 2, 2000
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN BY
CHANGING THE LAND USE DESIGNATION ON 2.59 ACRES
OF LAND LOCATED AT THE NORTHEAST AND NORTHWEST
CORNERS OF MILITARY TRAIL AND NORTHLAKE
BOULEVARD MORE PARTICULARLY DESCRIBED HEREIN
FROM PALM BEACH COUNTY COMMERCIAL TO CITY OF
PALM BEACH GARDENS COMMERCIAL; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR CODIFICATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens and Palm Beach County entered
into an "Interlocal Agreement for the Annexation of Enclaves" pursuant to Chapter
171.046, F.S., thereby annexing into the City 2.59 acres of land located at the
northeast and northwest corners of Military Trail and Northlake Boulevard, as more
particularly described in Exhibit "A" attached hereto and incorporated herein by this
reference ( "subject property "); and
WHEREAS, the City now desires to amend the land use designation of the
subject property from Palm Beach County Commercial to City of Palm Beach
Gardens Commercial; and
WHEREAS, the land use amendment is internally consistent with the City's
Comprehensive Plan; and
WHEREAS, the land use amendment is consistent with Section 163.3187(1)(c),
F.S. as it pertains to small scale amendments; and
WHEREAS, the Planning and Zoning Commission, the duly constituted land
planning agency for the City, has recommended approval of the land use amendment
to the City's Comprehensive Plan; and
WHEREAS, the City Council acknowledges that this land use amendment is
subject to the provisions of Section 163.3187(3)(c), F.S., and that the City shall
maintain compliance with all provisions thereof.
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NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The Future Land Use and Transportation Map Series of the
City's Comprehensive Plan is hereby amended to incorporate the subject area and to
designate the 2.59 acres of land located at the northeast and northwest corner of
Military Trail and Northlake, more specifically described in Exhibit "A" attached hereto
and incorporated herein by this reference, from Palm Beach County Commercial to
City of Palm Beach Gardens Commercial.
SECTION 2. The City's Growth Management Director is hereby directed
to ensure that this ordinance and all other necessary documents are forwarded to the
Florida Department of Community Affairs and, together with the City Clerk, to ensure
that this ordinance is codified as part of the City's Comprehensive Plan.
SECTION 3. Consistent with Section 163.3187(3)(c), F.S., this
Ordinance shall become effective 31 days after adoption.
PLACED ON FIRST READING THIS
PLACED ON SECOND READING THIS
PASSED AND ADOPTED THIS
JOSEPH RUSSO, MAYOR
VICE MAYOR LAUREN FURTADO
COUNCILMAN CARL SABATELLO
DAY OF 12000.
DAY OF 12000.
DAY OF , 2000.
COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
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ATTEST BY:
LINDA V. KOSIER, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY:
CITY ATTORNEY
AYE NAY ABSENT
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EXHIBIT'A'
LEGAL DESCRIPTION
OF FORMER ENCLAVE
Property #1:
PCN: 00- 42- 42- 13 -00- 000 -5020
13- 42-42, N 150 FT OF S 350 FT OF E 300 FT OF W 350 FT OF SE 1/4 (LESS W 3 FT
RD RAIV)
+ 0.85 acres
Property #2:
PCN: 00- 42- 42 -13 -00 -000 -5021
13- 42-42, E 75 FT OF W 275 FT OF SE 1/4
+ 0.25 acres
Property #3:
PCN: 00- 42- 42- 13 -00- 000 -5022
13- 42-42, N OF 150 FT OF S 200 FT OF E 75 FT OF W 350 FT OF SE 1/4
+ 0.25 acres
Property #4:
PCN: 00- 42- 42- 13 -00- 000 -5030
13- 42-42, N 150 FT OF S 200 FT OF E 150 FT OF W 200 FT OF SE 1/4 (LESS W 3 FT
& TRGLER)
+ 0.51 acres
Property #5:
PCN: 00- 42- 42- 13 -00- 000 -7161
13 -42-42, NLY 185.01 FT OF S 235 FT OF W 183 FT OF E 250 FT OF SE 1/4 OF SW 1/4
(LESS E 9 FT)
+ 0.73 acres
P
EXHIBIT `A' continued
Location Map
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