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HomeMy WebLinkAboutAgenda Council Agenda 081999All 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 AUGUST 19,1999 7:00 P.M. I. PLEDGE OF ALLEGIANCE H. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin Councilman David Clark and Councilman Carl Sabatello. M. ANNOUNCEMENTS: IV. PRESENTATIONS: 1. Employee Anniversary Recognition 2. Teamwork Awards 3. ALS Competition Recognition - Fire Department 4. Swearing in of 5 New Police Officers V. XTY MANAGER REPORT: Light Fixtures for New Municipal Complex 2. Presentation on Canal Right -Of -Way Maintenance VI. AWARDING OF BIDS: 1. Awarding of a Bid for a Fire Rescue Truck VII. COMMENTS�FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) VIII. CONSENT AGENDA: - 1. Resolution 70, 1999 - Consideration of Approval of a Waiver for Parcel 12.04 N.E. Northlake J" Boulevard &MacArthur Boulevard Mixed Use Waiver. Resolution 71, 1999 - Consideration of Approval of a Waiver for Parcel 12.05 N.W. L`i� Northlake Boulevard &MacArthur Boulevard Mixed Use Waiver. 3. solution 99, 1999 - Consideration of Approval of Tennis Pro Contract. IX. PUBLIC HEARINGS: 1. Resolution 72, 1999 - Public Hearing re: Consideration of Approval of a Sign Variance for Gardens Park Plaza (Public Hearing, adv. 6/7/99; Postponed from the 6/17/99 and 7/15/99 Regular Meetings; Requested to be postponed to 9/16/99 Regular Meeting). 2. Ordinance 32, 1999 - Providing for Annexation of .33 Acres of Land Located South of Idlewild Road and Approximately 1/4 Mile East of Prosperity Farms Road (Public Hearing, continued from 8/5/99 Meeting; Consideration of Second and Final Reading and Adoption) 3. Ordinance 34, 1999 - Providing for Amendment to Christ Fellowship Church Conditional Use. (Public Hearing, adv. 8/5/99; Consideration of Second and Final Reading and Adoption) X. RESOLUTIONS: 1. Resolution 77, 1999 - Consideration of Approval of Hampton Inn Sign Color Change solution 86, 1999 - Consideration of Approval of a Site Plan to Existing Christ Fellowship arch for Existing Second Story, Additional Parking, Time Extension for Existing Modular �5 Units, Ground Sign and Other Site Plan Amendments. 3. Resolution 98, 1999 - Consideration of Approval of Appointments to the Education Advisory Board. 5 M. ORDINANCES: (For Consideration of First Reading) 1. Ordinance 28, 1999 - Providing for Rezoning Approval for Catalina Lakes. (Workshop /Consideration of First Reading) 2. Ordinance 33, 1999 - Providing for Amendment to the Comprehensive Plan of the City by Changing the Land Use Designation on .33 Acres of Land Located South of Idlewild Road and 1/4 Mile East of Prosperity Farms Road. (Workshop /Consideration of First Reading) 3. Ordinance 36, 1999 - Providing for Amendment to the Comprehensive Plan of the City for Howell Lane Property. (Workshop /Consideration of First Reading) _ j 0 Ordinance 38, 1999 - Providing for Curfews (Workshop /Consideration of First Reading) . ITEMS FOR COUNCIL ACTION: '5,0A,-D Revised Tennis Membership Fees �2. Revised Golf Fees Upgrade and Move of 911 Equipment and Dispatch Center 4. Joint Meeting with Lake Park 5. Extending Contract Term for Solid Waste, Recycling, 'annd Vegetative Waste Services. XM. ITEMS FOR DISCUSSION: 1. Labor Attorney 2. Discussion of Engineering Services Costs XIV. ITEMS & REPORTS BY MAYOR AND CITY COUNCIL: 1. Issues & Priorities XV. CITY ATTORNEY REPORT: XVI. 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 James Waldron, Jr., no later than 5 days prior to the proceeding at telephone number (561) 775 -8255 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. A -9f CITY OF PALM BEACH GARDENS CITY COUNC Agenda Cover Memorandum Date: August 9, 1999 Meeting Date: August 19, 1999 Purchase of New Rescue Unit Subject/Agenda Item Staff recommends award of bid for the purchase of a new rescue unit to Emergency Recommendation/Motion: Vehicles, Inc. in the amount of $124,950 and authority to execute an agreement for same. Reviewed by: Originating Dept.: Costs: S 124,950 Council Action: Fire - Rescue (Total) City Attorney [ ] Approved Finance K L) & $125,000 [ ]Approved w/ ACM Current FY conditions [ ]Denied Advertised: Other Funding Source: [ ] Continued to: Date: ,rune 28, 1999 [ ] General Fund Submitted by: Attachments: �rgel Paper: The Post [x] Other Peter Fire - Rescue Impact Staff Report Fire Chief Fees Bid Tabulation [ Not Required Department Director Affected parties [ ] Notified Budget Acct. #: 13 -1200 - 522.6410 Approved by: City Manager [x ] Not required [ ] None BACKGROUND: c OFFICE OF THE FIRE CHIEF INTER OFFICE MEMO DATE: August 9, 1999 TO: Bobbie Herakovich, City Manager FROM: Peter T. Bergel, Fire Chiefte RE: Awarding of Bid for New Rescue Vehicle Background Fire Rescue's Capital Improvement Plan for 1999 /2000 includes the purchase of a rescue vehicle to equip Fire Station Three upon opening. This rescue is an addition to our fleet in order to maintain spare equipment in the event of breakdowns or scheduled maintenance. Staff believes that this purchase should be awarded no later than September 1, 1999 in order for delivery, setup and testing to be complete by October 2000 when Fire Station Three is scheduled to be operational. Fire Rescue is proposing to award the bid to Emergency Vehicles, Incorporated (EVI) as bid on July 27, 1999 for the purchase of this rescue vehicle. Discussion The City advertised in the Post an invitation to bid on June 28, 1999 for one 2000 Rescue Unit to be opened on July 27, 1999. We received three bids ranging in price from $136,892.00 to $128,900.00. These bids were submitted by Wheeled Coach, Aero Products and Emergency Vehicles, Incorporated. Staff evaluated the bids and determined that two of the bidders, specifically Wheeled Coach and Medic Master did not meet the bid specifications in relation to the minimum size engine requirements. Therefore, the Wheeled Coach and Medic Master bids were disq»?lified and the EVI bid was determined to best meet the needs of our department at this time. Fire Rescue has further negotiated with EVI to allow for some credits of equipment that will be supplied by the City in order to further reduce costs. Also it is important to note that the vehicle in this partic»lar bid is laid out and constructed almost identically to two of our existing rescue vehicles. Awarding this bid to EVI will ensure that we continue to maintain standardization of equipment from station to station. The bid price for this piece of equipment is $124,950.00 and allows for a prepayment discount of $2,550.00 for payment of the chassis 60 days prior to delivery of the vehicle. The net cost would then be $122,400.00. This purchase would be made out of Account # 13- 1200 - 522.6410 and the funding source will be Fire - Rescue Impact Fees. Fire- Rescue has budgeted $125,000 for this specific purchase. I have presented this information and process to Kent Olson and received his approval for this purchase. The delivery time for this vehicle is estimated to be 180 -240 days with an anticipated delivery of March 2000. Recommendation Staff recommends award of bid for the purchase of a new rescue vehicle to Emergency Vehicles, Incorporated in the amount of $124,950.00 and authority to execute an agreement for same. enc. cc: file New Rescue Bid BID TABULATION FORM Dealer Name Manufacturer List Price Wheeled Coach $1361892.00 _ Emergency Vehicles, Inc $1290900.00 Aero Products Medic Master $1281900.00 * No Dealer - Factory direct sales. i K7 EMERGENCY VEHICLES, INC. MANUFACTURER OF QUALITYAPPARATUS - SERVING THE INDUSTRY SINCE 1971 July 28, 1999 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: Chief Peter T. Bergel RE: 2000 RESCUE UNIT Dear Chief: Below outlines the cost for the proposed Rescue Unit, utilizing the credits we discussed. One (1) Year 2000 Rescue Unit .................. $ 124,950.00 Discount for payment of chassis, on or about 2/15/00 ........ $ < 2,550.00> Net Cost to the City of Palm Beach Gardens ............... $ 122,400.00 Thank you for this opportunity to quote on this vehicle. We look forward to working with you on this project. Respectfully, EMERGENCY VEHICLES, INC. Dave M. Ta ' rcio Vice President DMTra Encl. Via Fax Transmission P.O. BOX 12713 - LAKE PARK, FLORIDA 33403 -0713 TEL. (561) 848 -6652 - FAX (561) 848 -6658 - E -mail: evi@evi-fl.com - Web Site: www.evi- fl.com Price Credits: r PALM BEACH GARDENS FIRE RESCUE 2000 RESCUE UNIT ■ Customer supplies Federal Q213 siren .......................... $ <2,000.00> ■ Customer supplies Roto -Ray warning light ...................... $ <650.00> ■ Delete stainless steel wheel inserts ............................ $ <753.00> ■ Delete stainless steel fenderettes ............................. $ <296.00> ■ Delete all Dri -Dek ........... ............................... $ <824.00> ■ Customer supplies (12) 9E Linear strobes ........ ................ $ <1,200.00> ■ 230 Horsepower DT466 engine ............................... $ <1,777.00> TOTAL CREDITS .... ............................... Deduct $ <7,500.00> • Net Bid Price with above credits ............................ $ 124,950.00 • Chassis Payment (on or about .2/15/00) ............... Deduct $ <2,550.00> NET PRICE ............... ............................... $122,400.00 Respectfully Submitte D e M. Tali rc o, Vice President Date: 7 Z91�1 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 19, 1999 Date Prepared: August 9, 1999 Subject/Agenda Item: Consent Agenda: Resolution 70, 1999 - Petition WV- 99 -03, Consideration of Waiver from Residential Component - Comprehensive Plan Mixed Use Criteria: "Catalfumo Parcel 12.04, northeast corner of MacArthur Boulevard and Northlake Boulevard ". Recommendation /Motion: At Council's direction, Resolution 71, 1999 has been modified to include conditions of approval for a residential waiver. (Staff had recommended denial of Resolution 71, 1999.) Reviewed byti Originating Dept.: Costs: $ 0 Council Action: U Total City Attorney Planning Division [ ] Approved ACM 1� /� $ O [ ] Approved w1 conditions ` /� Current FY Other N/A [ ]Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ ] Other N/A Resolution 70, 1999 Location Map June 3, 1999 memo: Urban Design Studio Community Meeting Att.: [ ] Not Required Urban Design Studio Submitted by: Growth Mgt. Director Affected parties ( ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: This is a request for a waiver from the mandatory residential requirement for a proposed Mixed Use Development. The location of the proposed development is Catalfumo Parcel 12.04. The 5.2 acre parcel is located on the northeast corner of MacArthur Boulevard and Northlake Boulevard (43E- 42S -18) At its August 5, 1999 meeting, the City Council directed staff to revise the resolution to add conditions of approval and to place it on the next Consent Agenda. Conditions regarding 365- degree architectural treatments compatible with the adjacent residential area have been added. Previously, at its April 15, 1999 meeting the City Council reviewed this petition and has concerns regarding the proposal's consistency with the City's Vision Plan. City Council requested that the petitioner come back with a more detailed analysis and justification for their request, addressing especially the potential impact on the neighboring residential uses. The Vision Plan recommended that the parcel in question eventually be developed as a Mixed Use Development with underlying Residential Medium use (up to 9 dwelling units per acre). City Council members had questions concerning the origin of this designation through the Vision Plan development process. Staff has reviewed the history of the Vision Plan development process and provides the following synopsis: The Vision Plan process was carried out with participants of the blue ribbon committee designating the parcels in a forum setting. The reasoning behind designating these parcels with underlying RM at the meeting was that they did not want to designate the parcel as Commercial because of the proximity to Lake Catherine development. They decided to go with RM instead of RL due to the proximity to Northlake Boulevard. In addition, no one felt comfortable giving these parcels just commercial or professional office land use. Part of this is because of the level of service on Northlake Blvd and Council's desire not to adopt the CRALLS. Council feels that a higher /better LOS can be achieved if everyone Teduces densities /intensities through land use changes - so MXD with a residential component would be better from a traffic perspective than just non- residential. Per Council's request, the petitioner met with the Lake Catherine, Sun Terrace, Bedford Estates, and the Plat 1 communities on July 21, 1999. A second meeting was held with the Lake Catherine Homeowners Association on July 26, 1999. (see attachment) Some of the concerns raised by the community included the following: (1) Increased traffic along MacArthur and Northlake Boulevards. (2) Conflicts with drop off pick -up hours at the Watkins Middle School. (3) The safety of school children who ride bikes or walk to the Middle School. The petitioner has responded to Council's inquiries and staff's concerns with a memo dated June 6, 1999. The memorandum has been attached for your review. Staff does not concur with all of the petitioner's interpretations of the Comprehensive Plan and maintains the following analysis for justification: The Comprehensive Plan Future Land Use Designation contains four criteria for allowing a non - residential Mixed -Use Development. The petitioner must demonstrate that their proposed site /development meets at least two of those four criteria to qualify for a waiver. City Council must approve or deny a waiver based on compliance with these criteria. Staff Agenda Cover Memorandum August 19, 1999 Page 3 has determined that the petitioner has met only one of the following four criteria: (1) The parcel represents in -fill development and is surrounded on three sides by non- residential land uses including man -made and natural barriers such as canals and major arterial roadways. The petitioner has met this criterion. The parcel is located east of Interstate 95, which complies with Eastward Ho! Development criteria and is not "leapfrog" development to the west. The parcel is bounded on the north by Recreation and Open Space land use, on the east by the C -17 Canal, on the south by Northlake Boulevard and on the west by vacant land with a Mixed Use (MXD) land use designation. It should be noted, however, that the project to the west will have a residential component unless waived by the City Council. (2) The densitylntensity of existing or future land uses immediately surrounding the parcel are compatible with non - residential uses. The petitioner has not met this criterion. Staff has a concern regarding the compatibility of a retail /office development directly adjacent to this recreational area. The parcel is bound to the north by Recreation and Open Space Land Use. This site contains the existing Lake Catherine Sports Complex. The impact, aesthetic and otherwise, of the back of a retail center and all the uses associated with this, including noise and other nuisances, create an incompatible situation. A residential use could act as a transition between these two uses. (3) The adjacent surrounding planned and approved or existing built environment is over 60% residential, and non - residential uses are determined to provide for greater horizontal integration of uses. The petitioner has not met this criterion. There is no adjacent surrounding planned and approved or existing built environment which is residential. (4) Due to the size or configuration of the parcel, the ability to provide and economically feasible, sustainable, integrated residential component that functions to enhance and complement the other MXD uses is limited. The petitioner has not met this criterion. The petitioner has indicated that the site is only 5.2 acres and it is therefore not feasible to provide for office, retail and residential on this site. However, Staff has a concern that the petitioner has provided insufficient information to support this determination. Other mixed use development sites have been approved within the City which were comparable in size and included residential, specifically the PGA Commons. Most of the PGA Agenda Cover Memorandum August 19, 1999 Page 4 Commons parcels are less than 500' deep, which is the depth of parcel 12.04. Staff is recommending that the petitioner consider combining both the 5.2 acre parcel and the adjacent 7.25 acre parcel into one project, which may reduce the residential limitations perceived by the petitioner. Staff has determined that the justification presented by the petitioner does not meet two of the four criteria required by the Comprehensive Plan for a Non - residential Mixed Use Development application. Staff therefore recommends denial of a waiver for the residential component of a Mixed Use Development application. GALong Range \wv9903.st.2wpd.wpd ED August 6, 1999 RESOLUTION 70,1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A WAIVER FROM THE RESIDENTIAL REQUIREMENTS OF THE COMPREHENSIVE PLAN MIXED USE LAND USE CATEGORY FOR A 5.2 ACRE PARCEL OF LAND LOCATED AT THE NORTHEAST CORNER OF MACARTHUR BOULEVARD AND NORTHLAKE BOULEVARD; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the petitioner, Catalfumo Properties, is requesting a waiver from the residential requirements of the Comprehensive Plan Mixed Use Land Use Category for a 5.2 acre parcel of land located at the northeast corner of MacArthur Boulevard and Northlake Boulevard; WHEREAS, the City Council has determined that the proposed petition meets the criteria set forth in Policy 1.1.1.3 of the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby approves a waiver from the residential requirements of the Comprehensive Plan Mixed Use Land Use Category for a 5.2 acre parcel of land located at the northeast corner of the MacArthur Boulevard and Northlake Boulevard, as described in attachment "A ", which is incorporated as part of this resolution, with the following conditions of approval: 1. Building(s) shall be designed so that upper stories (above the first floor), visible from residential areas to the north, are residential in character. 2. Building design shall be unified with all sides maintaining a consistent level of architectural treatment and detailing. Section 2. This resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF '1999 ATTEST: LINDA V. KOSIER VOTE: COUNCILMEMBER RUSSO COUNCILMEMBER FURTADO COUNCILMEMBER JABLIN COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO G: \Short Range \wv9903.re.wpd Resolution 70, 1999 Page 2 MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT ,::Ev 0 mo —1 -t.TA T r- 0 0 --% 0 -.0. m! 00 > m %<0r°A1p° 030 ` OiA N A o D m r r a ,w ° , � cx rr °, 0 -• m Iv a _. G o A° S N O 0 0 0 ° O '•, Co 7 - O O'r ° -1 0- -U r-r. to C 7 i �A o��'caN stn O Q M° _ 1 r+ - 0 00 —a° O n° 3 ° 3°0A coy" 0 co ox— o %< A . a (A o -� , -j c� cn ooa Jo M c ° :) '-J c: rt.{ ° . ZE to M o O Z C O N �7 °K0 J m - a�7 co O co e ° CL s p - 0(b ° in a — to co CL —. `�0A Q•rt :o z� c) 3� ocrv,aw. �aM 0 t 3Q-1 O� _ '%0 (p o O ,.� ° -� rr m —.0 ° -. rr -„ =�- m AN ASAP C.. ca — m ZOMM O A r+ 0 _ Q .° r- 3-' aip -% r-r A 7 r-r O C p to v ` co 0 7000* Q.-, �O W -,. pC) O W N3f T W O z 0 H r 0 r r� �Z d y x y � � y y � l 1 � O� J June 3, 1999 Roxanne Manning, Director Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33401 lox of r RE: Parcel 12.04- Located on the Northeast corner of Northlake Boulevard and MacArthur Boulevard Waiver from Mandatory Residential Component in a MXD - Additional Justification Dear RoxAnn_e: �,6 urban stuaio Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics In response to the staff comment (report dated April 9, 1999), the following information is provided as further justification for our request for a waiver from the mandatory residential requirement for a MXD at this location. BACKGROUND The City's Comprehensive Plan requires that two of the four conditions for a waiver be met in order for the City Council to grant a waiver. The request was submitted based on the subject parcel meeting three of the four criteria. The staff agreed that the parcel meets the infill condition (Criteria 1) but failed to find sufficient information to conclude that the parcel met any of the other criteria. ADDITIONAL JUSTIFICATION Criteria 2 requires that the densityrntensity of existing orfuture land uses immediately surrounding the parcel are compatible with non - residential uses. The subject site fulfills this requirement based on both the future land use designations and the existing development. Currently, all but one side of the subject site is developed. This parcel is immediately surrounded on the south by a major arterial, Northlake Boulevard, then Wendy's and Cosco across the street; to the north is a lighted sports complex (Lake Catherine Complex); to the west lies a vacant MXD site and commercial properties; and to east is a canal and more commercial properties including Pep Boys Auto Center. Based on the existing land uses all sides are non - residential uses, thus compatibilitytwith adjacent land uses is maintained. The north side is intense recreational development which is compatible with nonresidential uses. The parcel to the west is vacant but designated for mixed use development which would require nonresidential uses and east is a continuation of commercial uses along Northlake Boulevard. 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 661.689.0066 661.689.0551 fax G:% OOMMONV* beeAtdf =oT*ft2A41P=dtetdmftt204.wpd LOC35 Irvine, CA 714A$9.8131 i Concerns for compatibility of office and retail uses adjacent to the recreational facility seem inconsistent with current policy. As a MXD, the parcel is required to have non residential components. Additionally, the Comprehensive Plan designates Lake Catherine Complex as a Community versus a Neighborhood recreational area. Community recreational areas are "for more intense recreational activities" (page 7 -3 PBG Comprehensive Plan ROS Support Document). Other existing community parks have nonresidential uses adjacent to-them. See attached map 7 -1. The future land use to the west is Palm Beach Gardens (PBG) MXD and then Palm Beach County Commercial; PBG ROS (Recreation Open Space) lies to the north; to the east is PBG Commercial and to the south across Norhhlake Boulevard is PBG Commercial. Four sides of the subject site include future land uses which require nonresidential uses already. Please see attached maps for confirmation of the Future Land Use Designations. Criteria 3 requires that the adjacent surrounding planned and approved or built environment is over 60% residential. Based on the above discussion, the petitioner concurs with staff that the surrounding planned and approved or existing development does not represent over.60% residential use in the area. Criteria 4 states that due to size or configuration of the parcel, the ability to provide an economically feasible, sustainable, integrated residential componenEthat functions to enhance and complement the other MXD uses is limited. This parcel due to site constraints is limited in its ability to provide economically feasible and sustainable residential units at this location. The City's Comprehensive Plan recognizes the individuality of parcels and site conditions should provide for flexibility in the design and development of MKD sites. The subject property is only 5.2 acres and has multiple development challenges that physically constrain development at this location. The parcel abuts a major thoroughfare with a strong commercial character. The site is also limited by the fact it is one of only two properties in the City subject to the provisions of the Historic Banyan Tree Ordinance which requires extraordinary landscaping and tree protection considerations in the site design. The staff report suggests combining parcels 12.05 wide 12.04 to make the project more feasible. These parcels are in separate ownership. In comparing the subject property to a residential mixed use development like PGA Commons, the existing character of the two areas must be taken into consideration. PGA Commons is located in an area with a mix of both residential and commercial uses unlike the subject site on Norhtlake with its auto oriented commercial character. In fact PGA Boulevard at this location has residential properties that front PGA and PGA Boulevard provides a pedestrian friendly parkway. The Commons parcel is not subject to the same existing conditions or the Banyan Tree Ordinance requirements which make it more difficult to mitigate the negative externalities of the surrounding area on parcel 12.04. The size of the site also effects economic feasibility and long term sustainability of residential units at this location. Basic macro economics principles include supply and demand and the G: MMMONVobW-AW mtd1Pat2AM8<i[[caadnftt204.wpd LMS value of an economy of scale in the market place. First, it is clearly recognized the existing auto oriented Northlake corridor does not create a people friendly environment that lends itself to a residential development on this site. The size of the subject site limits the amenities and buffering opportunities to compensate for this fact. Thus demand would suffer and rents would be deflated to below market levels required in order to sustain desirable development. Further limiting economic feasibility is the fact the number of units would not provide an economy of scale that would support site amenities, landscaping and property maintenance considerations that would be required to compensate for the locational constraints and further the intent of the Banyan, Tree Ordinance. REQUEST Based upon this additional information, it is requested that staff re- review our request for a waiver from the residential requirement for a proposed hM. Should you have any questions about this request, please feel free to contact me at 689 -0066. Sincerely, Urban Design Studio { J� Hank Skokowski, Z0 Principal cc: Ken Blair, Catalfumo Steve Mathison Q:Ao0rM0xvobW-&aafimTsrI2o BOId &AI2 a.%pd LMS FILE No-132 07/28 '99 08:31 I D :U RBM ik5 tutu FAX:561689Ub51 t'Nat 2i 8 MEMO TO: File FROM: Dodi Glas DATE: July 17, 1999 RE: Parcel 12.04 and Parcel 12.05 Resident Meeting Our Reference ##19023.00 and s#19024.00 RESIDENT MEETING held at the Palm Beach County Public Library in Palm Beach Gardens on July 21, 1999 at 7pm. ti Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics INVITEES included residents of the surrounding properties and those that live to the north and west of the subject parcels. The hotreowner associations represented included Bedford at Lake Catherine, Sun Terrace at Lake Catherine, and Sun Terrace at the Gardens. A map of the communities and meeting attendance sheets are attached. SUMMARY of comments: There was a good turn out from the community. The group seemed pleased with the presentation of the plans and the renderings. The residents expressed the most concerned for traffic particularly along MacArthur Boulevard. Concerns included drive through traffic (from Northlake north) increasing, traffiocongestion during. school drop-off/pick-up hours and safety of school children, and congestion on Northlake Boulevard. Other comments included questions about the buffering and a possible fence along the north property line of parcel 12.05, site lighting, provisions for additional parking for the Lake Catherine Complex, and the type of uses, tenants expected. There were also several comments regarding the existing conditions of the subject parcels (maintaining the property and trimming the Banyan tree.) PRESENTATION FORMAT: Ken Blair ftom Catalfumo began the presentation with an overview of the project and the anticipated approval process and timing. Hank Skokowski of Urban Design Studio walked through the site plan and renderings and facilitated questions from the residents. The presentation last about thirty minutes and then was followed with about forty minutes, of questions and comments. FOLLOW -UP: Ken Blair suggested that residents should decide as a group what they would like to see as landscaping and we would work with them. The residents should also he prepared to support the landscape plan that is developed with their input before the City Council. Ken Blair also said he would address the maintenance of the parcels. It was requested by a board member of the i.ake Catherine Home Owners Association that we bring the renderings to their meeting on Monday night , July 26, 2000 Palm Reach lakes eautevard 1999. Suite 60o The Concourse West Palm Beeoh, Florida 33409 -6582 561.689.0066 561.689-0551 tax C:K'0MM0W4ftvCrA1&1%e hr17.Q5W L1K�t�ikRet.WPl Lcv)i Irvine, CA 714.489.8131 FILE No.132 0728 '99 08:32 IMMIN DESIGN oy i� a. 19 w r � CQi M. A m � Y r S « M 1 ® N 7- lip 4n) w j �KC qq 0-4 > s • �] ii !Ct u_ 1 W2 :f ZVI G w r � CQi M. A m � Y r S « M 1 ® N 7- lip 4n) w j �KC qq 0-4 > s • �] ii !Ct u_ 1 W2 :f FILE No.1:32 0728 '99 08:33 ID:URSAN DESIGN FAX:5616890651 ell 72e 7d IC3. el r 41' tj P re re 4L /0 r) V-45- of 3 T- 103 t4 . 4(" 7e- 13 t!�: Ulc t-JIVO I FILE No.132 07/28 '99 08:33 ID :lR8Pfd DESIGN FAX 5616890651 PATE 5i 8 ,�/a.r o xsv4S "�-n rc-t .�-. �A r<<a_� �.� � � � �' �`�'► �'n , 7� 7� � 3 a YD'S iti�A .� y t,aJG Ian( /�r� -�� /�� �,8� �L 33,`c3 J4 f{2' fA � F,�- 3 34-03 �!.Lt % FILE No. 132 07/28 '99 0834 ID:LFd3PN DES;MN FAX:b6lb- d9LYO*l � -]L - Gc«c•t• ;r. ti-4- 0 VHL-i-- ti/ 8 al k, N < �oQr :�ti Ad FILE NO-1:32 0728 '99 08:34 ID :LF PN DESIGN MEMO TO: File FROM: Dodi Glas DATE: July 27, 1999 • • .SCE. '•�' Urban Design Urban Planning Land Planning Landscape Architecture Communleatlon Graphics RE: Parcel 12.04 and Parcel 12.05 Resident Meeting with Lake Catherine Horne Owners Association Our Reference # 19023.00 and # 19024.00 RESIDENT MEETING held at the Palm Beach County Public Library in Palm Beach Gardens on July 26, 1999 at 7pm. This was the regularly scheduled meeting of the Lake Catherine Home Owners Association. An attendance sheet is attached. SUMMARY of cotrtrnents: Approximately fifteen residents were in attendance. The president of ithe association, Bill Kelly who attended the previous meeting gave a review of the project and suggested that the Board should take formal action orubc preferred landscaping along their property line (and parcel 12.05). He suggested they consider a ficus hedge. Dee Sabers, another Board member who attended the previous meeting, went on to explain she had requested the renderings be shared at tonight's meeting and that she would like the group to form a list of questions on the proposed project. The meeting quickly began as open comments and questions from the attendees about traffic concerns. Board member Dee Sabers requested that they first review the information and requested that I. proceed to show the renderings. I briefly reviewed the projects and where the projects are in the process. Several general questions were asked regarding access to the site and what the back side of the buildings would look like. Several comments were made in favor of the building design and preferences for smaller retail in the area and the accessibility to the community (not having to get on Northlake to get some services). There was also a concern expressed about the possible competition to other commercial properties in the area. PRESENTATION FORMAT: I was the only member of the development team in attendance. Following the board members comments and introduction, I presented the renderings, briefly discussed the projects and answered questions. The meeting lasted approximately an half an hour. FOLLOW -UP: I noted we would stay in touch as we proceed in the land development processes with the City. QVCMMQNMDadAfoRMATS MIGMo tAu Cephvdnc.WPO LCC7s 2004 Palm Reach Lakas Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 661.689.0066 561.669.0551 tax Irvine, CA 714.489.81$1 FILE No.132 07/28 '99 08:35 ID:U;?IaN 11tZ>LL-" r� uc:ooto a rrwaC ts/ g n � �j& 9 � r-- L gr2a L GC cL.v4. 903 -< �.7� ti-L Gq.. sci r,� Til/�/f-c� 40 U 7 -X- 1. e- 4 3u r ` ` CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 19, 1999 Date Prepared: August 6, 1999 Subject/Agenda Item: Consent Agenda: Resolution 71, 1999 - Petition WV- 99 -04, Consideration of Waiver from Residential Component - Comprehensive Plan Mixed Use Criteria: "Catalfumo Parcel 12.05, northwest corner of MacArthur Boulevard and Northlake Boulevard ". Recommendation /Motion: At Council's direction, Resolution 71, 1999 has been modified to include conditions of approval for a residential waiver. (Staff had recommended denial of Resolution 71, 1999.) Reviewed b Originating Dept.: Costs: $_0 Total Council Action: City Attorney _ fr'1%L, ACM Planning Division $ 0 [ ] Approved [ ] Approved -,/ conditions Current FY Other N/A [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ ] Other N/A Location Map Resolution 71, 1999 June 3, 1999 memo: Urban Design Studio Community Meeting Att. [ ] Not Required Urban Design Studio Submitted by: Growth Mgt. Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: This is a request for a waiver from the mandatory residential requirement for a proposed Mixed Use Development. The location of the proposed development is Catalfumo Parcel 12.05. The 7.43 acre parcel is located on the northwest corner of MacArthur Boulevard and Northlake Boulevard (43E- 42S -18) At its August 5, 1999 meeting, the City Council directed staff to revise the resolution to add Agenda Cover Memorandum August 19, 1999 Page 2 conditions of approval and to place it on the next Consent Agenda. Conditions regarding 365- degree architectural treatments compatible with the adjacent residential area have been added. Previously, at its April 15, 1999 meeting the City Council reviewed this petition and has concerns regarding the proposal's consistency with the City's Vision Plan. City .Council requested that the petitioner come back with a more detailed analysis and justification for their request, addressing especially the potential impact on the neighboring residential uses. The Vision Plan recommended that the parcel in question eventually be developed as a Mixed Use development with Residential Medium (up to 9 dwelling units per acre) underlying use. City Council members had questions concerning the origin of this designation through the Vision Plan development process. Staff has reviewed the history of the Vision Plan development process and provides the following synopsis: The Vision Plan process was carried out with participants of the blue ribbon committee designating the parcels in a forum setting. The reasoning behind designating these parcels with underlying RM at the meeting was that they did not want to designate the parcel as Commercial because of the proximity to Lake Catherine development. They decided to go with RM instead of RL due to the proximity to Northlake Boulevard. In addition, no one felt comfortable giving these parcels just commercial or professional office land use. Part of this is because of the level of service on Northlake Blvd and Council's desire not to adopt the CRALLS. Council feels that a higher /better LOS can be achieved if everyone reduces densities /intensities through land use changes - so MXD with a residential component would be better from a traffic perspective than just non - residential. Per Council's request, the petitioner has met with the Lake Catherine, Sun Terrace, Bedford Estates, and the Plat 1 communities on July 21, 1999. A second meeting was held with the Lake Catherine Homeowners Association on July 26, 1999. '(see attachment) Some of the concerns raised by the community included the following: (1) Increased traffic along MacArthur and Northlake Boulevards. (2) Conflicts with drop off pick -up hours at the Watkins Middle School. (3) The safety of school children who ride bikes or walk to the Middle School. The petitioner has responded to Council's inquiries and staff's concerns with a memo dated June 6, 1999. The memorandum has been attached for your review. Staff does not concur with all of the petitioner's interpretations of the Comprehensive Plan and maintains the following analysis for justification: The Comprehensive Plan Future Land Use Designation contains four criteria for allowing a non - residential Mixed -Use Development. The petitioner must demonstrate that their proposed site /development meets at least two of those four criteria to qualify for a waiver. Agenda Cover Memorandum August 19, 1999 Page 3 City Council must approve or deny a waiver based on compliance with these criteria. Staff has determined that the petitioner has not met any of the criteria: (1) The parcel represents in -fill development and is surrounded on three sides by non- residential land uses including man -made and natural barriers such as canals and major arterial roadways. The petitioner has not met this criterion: The parcel is located east of Interstate 95, which complies with Eastward Ho! Development criteria and is not "leapfrog" development to the west. However, the petitioner has not met the second part of this criterion. The parcel is bounded on only two sides by non- residential land use. The north side is Residential Medium and contains the existing Lake Catherine residential development. To the east is Mixed Use (MXD) land use. The Mixed Use (MXD) land use designation is not considered a non - residential land use due to the fact that this designation is required to have a residential component, unless a waiver is granted by City Council. (2) The densitylintensity of existing or future land uses immediately surrounding the parcel are compatible with non - residential uses. The petitioner has not met this criterion. Staff has a concern regarding the compatibility of a retail /office development directly adjacent to a residential area. The parcel is bound to the north by Residential Medium (RM) Land Use. This site contains the existing Lake Catherine residential development. The impact, aesthetic and otherwise, of the back of a retail center and all the uses associated with this, including noise and other nuisances, could create an incompatible situation. A residential component could act as a transition between these uses. (3) The adjacent surrounding planned and approved or existing built environment is over 60% residential, and non - residential uses are determined to provide for greater horizontal integration of uses. The petitioner has not met this criterion. The adjacent surrounding planned and approved or existing built environment is not over 60% residential. The adjacent residential land use consists of only 20.3% of the total adjacent properties to this site. (4) Due to the size or configuration of the parcel, the ability to provide and economically feasible, sustainable, integrated residential component that functions to enhance and complement the other MXD uses is limited. The petitioner has not met this criterion. The petitioner has indicated that the site Agenda Cover Memorandum August 19, 1999 Page 4 is only 7.25 acres and it is therefore not feasible to provide for office, retail and residential on this site. However, Staff has a concern that the petitioner has provided insufficient information to support this determination. Other mixed use development sites have been approved within the City which were comparable in size and included residential, specifically the PGA Commons. Most of the PGA Commons parcels are less than 500 feet deep, which is the depth of parcel 12.05. Staff is recommending that the petitioner consider combining both the 7.25 acre and 5.2 acre parcels into one project, which may reduce the residential limitations perceived by the petitioner. Staff has determined that the justification presented by the petitioner does not meet two of the four criteria required by the Comprehensive Plan for a Non- residential Mixed Use Development application. Staff therefore recommends denial of a waiver for the residential component of a mixed use development. GALong Range \wv9904.st.wpd v ED August 6, 1999 RESOLUTION 71, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A WAIVER FROM THE RESIDENTIAL REQUIREMENTS OF THE COMPREHENSIVE PLAN MIXED USE LAND USE CATEGORY FOR A 7.43 ACRE PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF MACARTHUR BOULEVARD AND NORTHLAKE BOULEVARD; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the petitioner, Catalfumo Properties, is requesting a waiver from the residential requirements of the Comprehensive Plan Mixed Use Land Use Category for a 7.43 acre parcel of land located at the northwest corner of MacArthur Boulevard and Northlake Boulevard; WHEREAS, the City Council has determined that the proposed petition meets the criteria set forth in Policy 1.1.1.3 of the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby approves a waiver from the residential requirements of the Comprehensive Plan Mixed Use Land Use Category for a 7.43 acre parcel of land located at the northwest corner of the MacArthur Boulevard and Northlake Boulevard, as described in attachment "A ", which is incorporated as part of this resolution, with the following conditions of approval: 1. Building(s) shall be designed so that upper stories (above the first floor), visible from residential areas to the north, are residential in character. 2. Building design shall be unified with all sides maintaining a consistent level of architectural treatment and detailing. Section 2. This resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF ATTEST: LINDA V. KOSIER VOTE: COUNCILMEMBER RUSSO COUNCILMEMBER FURTADO COUNCILMEMBER JABLIN COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO GAShort Range \wv9904.re.wpd Resolution 71, 1999 Page 2 MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT OA a EXf 1T "A" o- S O Q D frrl z p* -,�,o o a m o w o CO r -`n-a p O �- O n p r+- o cn 00. ,•*• � rn n o N zA OLC `00 ' O � O n ° -.. ,.. p --% + - 3 u Or+. O \ 1 O ,, o °. coi Q. � 0 co CO CO Co o r - v 3 o l"1 � O � Ia z _ ° N /r OA CO �O -• /r a 0 0 C: = rn ? 0 o .o� to o <.aoo °0 l 1 cn o O=o m ° rn .,"�< cu 0 Q l 1 to o r• o -� = o p : ol 10 w :! 0 J 03 on•O (70 n' o }� 0- A.+ 00 O . o-, N ,�� `i June 3, 1999 Roxanne Manning, Director Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33401 RE: Parcel 12.04- Located on the Northeast corner of Northlake Boulevard and MacArthur Boulevard Waiver from Mandatory Residential Component in a MM - Additional Justification Dear Roxanne: NO Urban Design Urban Planning Land Planning .Landscape Architecture Communication Graphics In response to the staff comment (report dated April 9, 1999), the following information is provided as further justification for our request for a waiver from the mandatory residential requirement for a MXD at this location. BACKGROUND The City's Comprehensive Plan requires that two of the four conditions for a waiver be met in order for the City Council to grant a waiver. The request was submitted based on the subject parcel meeting three of the four criteria. The staff agreed that the parcel meets the infill condition (Criteria 1) but failed to find sufficient information to conclude that the parcel met any of the other criteria. ADDITIONAL JUSTIFICATION Criteria 2 requires that the density /intensity of existing or future land uses immediately surrounding the parcel are compatible with non - residential uses. The subject site falfills this requirement based on both the future land use designations and the existing development. Currently, all but one side of the subject site is developed. This parcel is immediately surrounded on the south by a major arterial, Northlake Boulevard, then Wendy's and Cosco across the street; to the north is a lighted sports complex (Lake Catherine Complex); to the west lies a vacant MM site and commercial properties; and to east is a canal and morecommercial properties including Pep Boys Auto Center. Based on the existing land uses all sides are non - residential uses, thus compatibility with adjacent land uses is maintained. The north side is intense recreational development which is compatible with nonresidential uses. The parcel to the west is vacant but designated for mixed use development which would require nonresidential uses and east is a continuation of commercial uses along Northlake Boulevard. 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 661.689.0066 661.689.0551 fax Q: �OOMMOMIa6s VCaeatfumolPat204tP8Qkttecd :aRl204.wpd LCC3S Irvine, CA 714.489.8131 Concerns for compatibility of office and retail uses adjacent to the recreational facility seem inconsistent with current policy. As a MXD, the parcel is required to have non residential components. Additionally, the Comprehensive Plan designates Lake Catherine Complex as a Community versus a Neighborhood recreational area. Community recreational areas are "for more intense recreational activities" (page 7 -3 PBG Comprehensive Plan ROS Support Document). Other existing community parks have nonresidential uses adjacent to them. See attached map 7 -1. The future land use to the west is Palm Beach Gardens (PBG) MXD and then Palm Beach County Commercial; PBG ROS (Recreation Open Space) lies to the,north; to the east is PBG Commercial and to the south across Northlake Boulevard is PBG Commercial. Four sides of the subject site include future land uses which require nonresidential uses: already. Please see attached maps for confirmation of the Future Land Use Designations. Criteria 3 requires that the adjacent surrounding planned and approved or built environment is over 60% residential. Based on the above discussion, the petitioner concurs with staff that the surrounding planned and approved or existing development does not represent over 60% residential use in the area. Criteria 4 states that due to size or configuration of the parcel, the ability to provide an economically feasible, sustainable, integrated residential component that functions to enhance and complement the other ADD uses is limited. This parcel due to site constraints is limited in its ability to provide economically feasible and sustainable residential units at this location. The City's Comprehensive Plan recognizes the individuality of parcels and site conditions should provide for flexibility in the design and development of MXD sites. The subject property is only 5.2 acres and has multiple development challenges that physically constrain development at this location. The parcel abuts a major thoroughfare with a strong commercial character. The site is also limited by the fact it is one of only two properties in the City subject to the provisions of the Historic Banyan Tree Ordinance which requires extraordinary landscaping and tree protection considerations in the site design. The staff report suggests combining parcels 12.05 with 12.04 to make the project more feasible. These parcels are in separate ownership. In comparing the subject property. to a residential mixed use development like PGA Commons, the existing character of the two areas must be taken into consideration. PGA Commons is located in an area with a mix of both residential and commercial uses unlike the subject site on Norhtlake with its auto oriented commercial character. In fact PGA Boulevard at this location has residential properties that front PGA and PGA Boulevard provides a pedestrian friendly parkway. The Commons parcel is not subject to the same existing conditions or the Banyan Tree Ordinance requirements which make it more difficult to mitigate the negative externalities of the surrounding area on parcel 12.04. The size of the site also effects economic feasibility and long term sustainability of residential units at this location. Basic macro economics principles include supply and demand and the aroorcticorrro�wc�o�i� .os�ea��««�ftisas..�e L=5 value of an economy of scale in the market place. First, it is clearly recognized the existing auto oriented Northlake corridor does not create a people friendly environment that lends itself to a residential development on this site. The size of the subject site limits the amenities and buffering opportunities to compensate for this fact. Thus demand would suffer and rents would be deflated to below market levels required in order to sustain desirable development. Further limiting economic feasibility is the fact the number of units would not provide an economy of scale that would support site amenities, landscaping and property maintenance considerations that would be required to compensate for the locational constraints and further the intent of the Banyan Tree Ordinance. REQUEST Based upon this additional information, it is requested that staff re-review our request for a waiver from the residential requirement for a proposed MXD. Should you have any questions about this request, please feel free to contact me at 689 -0066. Sincerely, Urban Design Studio Hank Skokowski, C Principal cc: Ken Blair, Catalfumo Steve Mathison d: A00MM0WobW .&Wf=dTar12MV130IcaecduftI2".wo L=5 FILE No .132 0728 '99 08:31 I D :URBM DESIGN FAX 5616890651 PAGE 2/ 8 MEMO, TO: File FROM: Dodi Glas DATE: July 27, 1999 RE: Parcel 12.04 and Parcel 12.05 Resident Meeting Our Reference ##19023.00 and #19024.00 RESIDENT MEETING held at the Palm Beach County Public Library in Palm Beach Gardens on July 21, 1999 at 7pm. Urban Design Urban Planning - Land Planning Landscape Architecture Communication Graphics INVITEFES included residents of the surrounding properties and those that live to the north and west ofthe subject parcels. The homeowner associations represented included Bedford at Lake Catherine, Sun Terrace at Lake Catherine, and Sun Terrace at the Gardens. A map of the communities and meeting attendance sheets are attached. SUMMARY of comments: There was a good turn out from the community. The group seemed pleased with the presentation of the plans and the renderings. The residents expressed the most concerned for trafc particularly along MacArthur Boulevard. Concerns included drive through traffic (from Northlake north) increasing, traffic congestion during school drop - off /pick -up hours and safety of school children, and congestion on Northlake Boulevard. Other comments included questions about the buffering and a possible fence along the north property line of parcel 12.05, site lighting, provisions for additional parking for the Lake Catherine Complex, and the type of uses, tenants expected. There were also several comments regarding the existing conditions of the subject parcels (maintaining the property and trimming the Banyan tree.) PRESENTATION FORMAT: Ken Blair ftom Catalfutno began the presentation with an overview of the project and the anticipated approval process and timing. Hank Skokowski of Urban. Design Studio walked through the site plan and renderings and facilitated questions from the residents. The presentation last about thirty minutes and then was followed with about forty minutes of questions and comments. FOLLOW -UP: Ken Blair suggested that residents should decide as a group what they would like to see as landscaping and we would work with them. The residents should also he prepared to support the landscape plan that is developed with their input before the City Council. Ken Blair also said he would address the maintenance of the parcels. It was requested by a board member of the Lake Catherine Home Owners Association that we bring the renderings to their meeting on Monday night, July 26, 2000 palm Reach lakes Boulevard 199y, Suite 600 The Concourse y West Palm Reach, Florida 33409.6582 561.689.0066 561.689.0551 tax l .:Y`UMMOMJut,sK'xultl,po!'�rl J.OSWthlvtC)tileRc�.Wpl1 u:rls Irvine, CA 714.489.8131 fl J . _ � Jc;D • Gip , � ` °� t,..1:. � •� ,�"z��✓,• -,=�� . _ y- - � Cc„ 9� ` •� �•�a` . cod 8 . �� r� �J. '��. �������� �'� a �= ,'elf. • �- � `'� EE . �:Gd t• i -1 � `� ,7� •. �IIiQi1Jl1�� �i � -�.r� �.. j rIi� ?L�jG.DI{llkil�_�1�� ►.�v • . �III�R� L mu Mill loss m � 1r, FILE No•132 0728 '99 08:33 IMR&PIN DESIGN FAX:5616890551 PAGE 4/ 8 c A-t tj C,e c C) C-.)01-5 OT4ef-L.t kV •1 • 'e -3q irA Seta. CY - A-13 J 2. FILE No. 132 07/28 '99 08:33 I D :U EAN DESIGN FAX :5616890551 PAGE 5/ 8 'ey7lar /�� </Y,�rf��/.� �..f. Co•4%.c:� /mySo -- �i.�.co e � .l..E. '.t.f .�.tv45 F/ rrMe A— �l AT'KkiT a�yA?s 7s �of�'1cZ► `�ri �r�J �G 33'1�� . U `r- m.•I_u,....i,�,, /!' a ��.:,�:�a•4i �L:�[. . i - 3:3 -03 Ak ., I,4 �: l.'= c t Cc ` Ali '�n �c , �„ ii c : �� �. �. i •i 1, r !' / <." Jko ael -T y, p (3 FILE No. 132 Wled 't:PJ Ud: �4 IL):Lt<VM U--Z>lL-" 7 f- �-m s r. Ste, U. % 0( cQ e .Z Olt Ad ior: FILE NO-132 07/28 '99 08:34 ID:URBAN DESIGN MEMO TO: File FPX:5616890551 PAGE 7/ 8 Urban design FROM: Dodi Glas Urban Planning Land Planning DATE: July 27, 1999 Landscape Archltecture Communlcatlon Graphics RE: Parcel 12-04 and Parcel 12.05 Resident Meeting -with Lake Catherine Home Owners Association Our Reference #19023.00 and #19024.00 RESIDENT MEETING held at the Palm Beach County Public Library in Palm Beach Gardens on July 26, 1999 at 7pm. This was the regularly scheduled meeting of the Lake Catherine Horne Owners Association. An attendance sheet is attached. SUMMARY of comments: Approximately fifteen residents were in attendance. The president of the association, Bill Kelly who attended the previous meeting gave a review of the project and suggested that the Board should take formal action on the preferred landscaping along their property line (and parcel 12.05). He suggested they consider a ficus hedge. Dee Sabers, another Board member who attended the previous meeting, went on to explain she had requested the renderings be shared at tonight's meeting and that she would like the group to form a list of questions on the proposed project. The meeting quickly began as open comments and questions from the attendees about traffic concerns. Board member Dee Sabers requested that they first review the information and requested that I proceed to show the renderings. I briefly reviewed the projects and where the projects are in the process. Several general questions were asked regarding access to the site and what the back side of the buildings would look like. Several comments were made in favor of the building design and preferences for smaller retail in the area and the accessibility to the community (not having to get on Northlake to get some services). There was also a concern expressed about the possible competition to other commercial properties in the area. PRESENTATION FORMAT: I was the only member of the development team in attendance. Following the board members comments and introduction, I presented the renderings, briefly discussed the projects and answered questions. The meeting lasted approximately an half an hour. FOLLOW -UP: 1 noted we would stay in touch its we proceed in the land development processes with the City. (MCOMMOMDad, \FORMATS -1tiNoLuko C,phrdnr.WPO LC 5 2000 Palm Peach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409-6582 561.689.0066 561.649.0551 tax Irvine, CA 714.489.81$1 FILE No.132 07/28 '99 08:35 ID:UffiA1 DESIGN • ..:O . PAGE 8i $ .. � • .� '� � � �_ �•.� Cam-% 5' �.e��..✓ -�_ �cz raze ....� � -. .. o�� �--... Lam- r,Qa.�� -�' • C ..........��.se ������� .C�`: �0.�3. s.vh� ace•. . �� _ .... .:C..Q V .. Jrt 7� �. r..4..!�. � ..... � 7d 3 L Ate,• -ti.c � -t'.... � 7' _ .. .. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: August 5, 1999 Meeting Date:_ August 19, 1999 Subject/Agenda Item: Approval of one year contract for tennis professional to manage the Municipal tennis Center Recommendation /Motion: Authorize the Mayor to sign the one year agreement, beginning October 1, 1999 and concluding September 30, 2000, with tennis professional, Brenda Engle, to manage the Palm Beach Gardens Tennis Center, at a rate of $15,000 for the one year agreement. Reviewed by: Originating Dept.: Parks Costs: $15,000 Council Action: and Recreation Total City Attorney [ ] Approved Finance $ 15,000 ( ] Approved w/conditions Current FY ACM [ ] Denied Human Res. Funding Source: ( ]Continued to: Advertised: Attachments: Other Date: [ X ] Operating Paper: [ ] Other 1.Memo from Parks and Recreation Director 2. Copy of Proposed [ X] Not Required Contract Submitted by: Sue Miller Department Director Affected parties ( ] Notified Budget Acct. #:: 01- 2030 - 572.3310 ( ] None Approved by: City Manager [ ] Not required BACKGROUND: The contract for the tennis professional, who manages the Municipal tennis complex is renewed each year. The proposed contract reflects two minor changes from the current contract. RESOLUTION 99, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A CONTRACT WITH BRENDA ENGLE FOR HER SERVICES AS A "TENNIS PROFESSIONAL" AND FOR HER OPERATION OF A "TENNIS PRO SHOP ", SUBJECT TO THE SUPERVISION OF THE CITY PARKS AND RECREATION DIRECTOR; PROVIDING FOR AUTHORIZATION TO THE MAYOR AND CITY CLERK TO EXECUTE SUCH CONTRACT ON BEHALF OF THE CITY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, desires to provide quality tennis services to the residents of the City; and WHEREAS, the City Council of the City of Palm Beach Gardens has determined the need to employ the services of a Tennis Professional. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council hereby approves a contract with Brenda Engle for her services as a "tennis professional" and for her operation of a "tennis pro shop" for the City of Palm Beach Gardens, a copy of which is attached to this resolution as Exhibit "A" and is incorporated as part of this resolution. SECTION 2. The Mayor and City Clerk are hereby authorized and directed to execute said contract on behalf of the City. SECTION 3. This Resolution shall be effective upon adoption INTRODUCED, PASSED AND ADOPTED THIS DAY OF AUGUST, 1999. JOSEPH R. RUSSO,MAYOR RESOLUTION 99, 1999 PAGE 2 OF 2 ATTEST LINDA V. KOSIER, CMC VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT MEMO PARKS AND RECREATION TO: Bobbie Herakovich, City Manager FROM: Sue Miller, Director, Parks & Recreation DATE: August 5, 1999 RE: Annual contract for Tennis Professional DISCUSSION: The attached is a one year contract with tennis professional Brenda Engle, to manage the Palm Beach Gardens Tennis Center from October 1, 1999 through September 30, 2000. With the exception of the following two changes, the contract is identical to the contract the professional is currently working under. SECTION 1 Previous wording: In her employment in the foregoing capacity, the Professional shall be under the supervision of and directly responsible to the City's Parks and Recreation Director. Recommended wording: Delete entire sentence; conflict with section 2F. SECTION 2, paragraph B: Previous wording:, B. To be the immediate supervisor of City employees working,part-time and full -time as tennis facility recreation workers; to supervise, on behalf of the City, the maintenance of the tennis courts in such a manner as to keep the courts in playable condition; and to act as a consultant to the City concerning improving play on the tennis courts. Recommended wording: B. To assist in directing, through the Manager of Facilities and Grounds, the maintenance staff who perform the daily maintenance on the courts. Memo — Tennis Contract August 5, 1999 Page 2 SECTION 3, paragraph B: Previous wording: To lease to the Professional space for a Tennis Pro shop. The lease payment shall be $3,600 payable in equal monthly installments of $300, beginning January 1, 1999, or when the new tennis facility is completed. The Professional agrees to enter into such other agreements as may be necessary to facilitate this lease. Recommended wording: B. To lease to the Professional space for a Tennis Pro Shop. The lease payment shall be $3,600 payable in bi- weekly installments of $138.46, beginning October 1, 1999. The Professional agrees to enter into such other agreements as may be necessary to facilitate this lease. SECTION 3, paragraph H Previous wording: To grant the Professional full employee benefits, including medical and dental coverage. Recommended wording: To grant the employee benefits of medical and dental coverage. RECOMMENDATION: Staff recommends approval of the contract with tennis professional Brenda Engle, in the amount of $15,000 to manage the City of Palm Beach Gardens Tennis Center. CITY OF PALM BEACH GARDENS TENNIS PROFESSIONAL AND TENNIS PRO SHOP AGREEMENT WITNESSETH this agreement made and entered into this day of 1999, between the City of Palm Beach Gardens, Florida, a Florida municipal corporation, hereinafter designated as "City" and Brenda Engle, individually, hereinafter designated as "Professional ", that, in consideration of the mutual promises herein contained, it is agreed as follows: SECTION I The City shall employ the Professional as a "Tennis Professional" at the tennis facility operated by the City Parks and Recreation Department, and the Professional shall accept such engagement and agree to act as an independent contractor upon the terms and at the compensation hereinafter set forth. SECTION 2 THE PROFESSIONAL AGREES: A. To organize and operate tennis programs for the City's tennis facility and for City residents and their guests; to be in charge of and manage the court reservations; to conduct and direct tournaments, clinics and lessons, and to be responsible for financial reporting, and to promote good public relations with City residents and their guests in a manner satisfactory to the City. B. To assist in directing, through the Manager of Facilities and Grounds, the maintenance staff who perform the daily maintenance on the courts. C. To be responsible for having a "Tennis Pro Shop" open to the public and court controlled supervision pursuant to Schedule "A" attached; and to post information at the Pro Shop regarding use of the tennis facility. D. To employ, at her own expense, any and all assistant professionals who may be needed to assist in tennis instructions. E. To abide by and carry out the policies of the City and the Parks and Recreation Department as they apply to the tennis facility and the Professional; to advise the Parks and Recreation Director regarding tennis fees and league fees; and to recommend any change to such fees. F. To work a full -time weekly schedule under the supervision of the Athletic Coordinator with the approval of the Parks and Recreation Director. SECTION 3 THE CITY AGREES % A. To pay the Professional the sum of $15,000 to be paid in equal parts on a bi- weekly basis beginning October 1, 1999, and ending on September 30, 2000. B. To lease to the Professional space for a Tennis Pro Shop. The lease payment shall be $3,600 payable in bi- weekly installments of $138.46, beginning October 1, 1999. The Professional agrees to enter into such other agreements as may be necessary to facilitate this lease. C. To allow the Professional the exclusive use of one tennis court at the tennis facility for the purpose of giving instruction and to grant the Professional the exclusive privilege of giving such instruction. This court shall be open for regular play when not in use by the Professional for instructional purposes. D. To allow the Professional to retain all fees from tennis instruction, clinics, and tournaments, provided that such fees for individual instruction will be mutually agreed upon by the Parks and Recreation Director and the Professional. Daily court fees and membership dues shall be collected by the Professional and Pro Shop recreation workers and turned in daily to the City. E. To employ full-time and part-time personnel known as "tennis facility recreation workers" under the immediate supervision of the Professional. Tennis facility recreation workers shall not provide or assist in tennis instruction. F. To grant the Professional the exclusive right to sell merchandise, and to rent equipment and supplies at the Tennis Pro Shop, provided that the prices charged shall be reasonable and shall not be in excess of the prices charged at similar tennis facilities and pro shops within Palm Beach County. City reserves the right to adjust prices within its discretion G. To grant Professional authority to retain profit from the sale of tennis equipment and accessories from the Tennis Pro Shop. H. To grant the employee benefits of medical and dental coverage with option to purchase dependent coverage at the City's cost. All costs associated with dependent coverage shall be the responsibility I. of the Professional. I. To grant the Professional up to three weeks personal leave as authorized by the Parks and Recreation Director. Administrative Leave may be authorized by the Parks and Recreation Director to attend - conferences, seminars and workshops at the Professional's expense. All personal leave and/or administrative leave requests must be submitted by the Professional in writing to the Parks and Recreation Director, at least 2 weeks in advance. SECTION 4 It is further agreed that this contract shall be in full force and effect from the .1st day of October, 1999, until September 30, 2000, but may be terminated by the City upon a thirty (30) day written notice to the Professional that the City intends to withdraw from this contract. The notice must be in a form of a letter directed to the Professional. The Professional shall give the City a sixty (60) day written notice of any intention to withdraw from this contract. This notice must be in the form of a letter directed to the Parks and Recreation Director. SECTION 5 It. is mutually agreed that this contract constitutes the sole and complete agreement between the City and the Professional; that no verbal or other statements, inducements or representations have been made to or relied upon by the Professional; and that no modification hereof shall be binding upon either parry unless in writing and signed by an authorized representative of the City and the Professional. SECTION 6 Indemnification. The Professional agrees to indemnify City and its officials, employees and agents (collectively the "City) against, and to hold City harmless from and against, and to reimburse City on demand by City for any liability, damage, loss, cost or expense (including attorneys' fees and cost of investigation incurred in defending against and/or settling such liability, damage, loss, cost or expense or claim therefor and any amounts paid in settlement thereof) (collectively, "Losses ") imposed on or reasonably incurred by City with respect to this Agreement. Insurance. The Professional agrees to provide documentation of adequate and appropriate insurance and liability coverage which shall be determined to be satisfactory to the City in the City's reasonable discretion. Governing Law. This Agreement shall be construed and enforced in accordance with, and governed by the laws of the State of Florida, without regard to the conflicts of laws principles thereof Jurisdiction and Venue. The parties acknowledge that a substantial portion of negotiations, anticipated performance and execution of this Agreement occurred or shall occur in Palm Beach County, Florida, and that, therefore, without limiting the jurisdiction of venue of any other federal or state courts, each of the parties irrevocably and unconditionally (a) agrees that any suit, action or legal proceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of Florida in Palm Beach County or the court of the United States Southern District of Florida; (b) consents to the jurisdiction of each such court in any suit, action or proceeding; (c) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts; and (d) agrees that service of any court paper may be effected on such parry as may be provided under applicable laws or court rules in said state. Enforcement Costs. If any legal action or other proceeding is brought for the - enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, including allocated costs of in -house attorneys, court costs, and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action proceeding, in addition to any other relief to which such parry or parties may be entitled. IN WITNESS HEREOF, the parties have hereunto set their hands and seals on the day and year first above written. CITY OF PALM BEACH GARDENS TENNIS PROFESSIONAL Joe Russo, Mayor ATTEST: Linda V. Kosier, CMC, City Clerk Linda V. Kosier, City Clerk Susan Miller, Director/Parks & Recreation APPROVED AS TO LEGAL FORM AND SUFFICIENCY: City Attorney Brenda Engle, Tennis professional WITNESS AS TO TENNIS PROFESSIONAL TENNIS FACILITY HOURS OF OPERATION HOURS OF OPERATION: Monday — Friday 7:30am — 10:00pm Saturday & Sunday 7:30 am — 1:00pm and 5:00pm — 9:00pm First court reservation 7:30am Last court reservation Monday — Friday — 9:00pm Saturday & Sunday — 8:00pm SCHEDULE A CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: August 19, 1999 Date Prepared: August 5, 1999 Subject/Agenda Item: Petition VAR- 99 -02, sign variance application for Gardens Park Plaza ground signs. The site is located at the southeast corner of Northlake Boulevard and Military Trail. (24- 42S -42E) Recommendation /Motion: Staff is recommending continuation of the public hearing until September 16. 1999 Reviewed b}�% ` �Y \P Originating Dept.: Costs: $_0 Total Council Action: City Attorney A Growth Management [ ] Approved t Department Finance N/A $ 0 [ ] Approved w /conditions ACM 2�� Current FY [ ]Denied Human Res. N/A Advertised: Other N/A Funding Source: [ ] Continued to: Attachments: - Date: May 5, 1999 [ )Operating Paper: Palm Beach Post [ ] Other N/A August 2, 1999 petitioner [ J Not Required letter. Submitted by: Growth Management Affected parties Budget Acct. #:: Department [ X ] Notified [ ] None Approved by: City Manager [ j Not required BACKGROUND: This hearing was continued from the July 1' meeting. Patrick Koenig, applicant, is petitioning the City Council for a sign variance for five (5) existing ground signs located in front of the Gardens Park Plaza Shopping Center. The petitioner has requested a continuation of the public hearing until the September 16, 1999 City Council meeting. The purpose of this continuation is to allow the petitioner time to provide supplemental materials to help justify their variance request. The signs have been determined by staff to be non - conforming due to the fact that the right -of -way frontage allows for only three (3) ground signs per code. Five ground signs would require that the property have 3,100 feet of right -of -way frontage, while the petitioner has only 2,300 feet of right -of -way frontage. The signs were constructed to advertise Agenda Cover Memorandum Petition VAR -99 -02 Page 2 August 19, 1999 various businesses on -site, both within the "main -line" shopping center and three of the "out- parcels ". All signs have been permitted by staff, either through building permit or site plan approval. The applicant was notified that the signs were non- conforming through the non - conforming signs notification procedure. The oldest sign on site (Washington Mutual) was approved by building permit in 1978. The second oldest sign (First Union) was approved in 1984. The RJ Gators sign was approved as part of a Site Plan Approval process in 1991. The remaining two signs (advertising Gardens Park Plaza's two major tenants, Winn Dixie and Eckerd Drugs) were approved as part of a site plan amendment in 1995. These two signs were not constructed until 1998. At that time, staff administratively approved the minor relocation of one of the ground signs. The 1991 and 1995 approvals replaced existing signs which were approved prior to 1990 (Palm Beach Cafe and the two Gardens Park Plaza pole signs). It should be noted that all signs except the Washington Mutual sign are dimensionally conforming to the sign code. The petitioner is requesting only a variance for the number of signs, not the dimensional non - conformities associated with the Washington Mutual sign. The petitioner, who is the property manager for the shopping center, has left the responsibility of obtaining variances for non - conforming dimensions to the tenant, Washington Mutual. As of this date, staff has not received a variance application from this tenant. Five signs were located on site (three of which have since been replaced) at the time of the 1990 code revision, which placed in effect the right -of -way requirements. However, signs which were approved in 1991 and 1995 should not have been permitted, since the signs they were replacing were non - conforming. PROCEDURE: The 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. Agenda Cover Memorandum Page 3 August 19, 1999 The existing signs do not meet the following code requirements, as outlined in chapter 110 Dt the Ulty's Land Development Kegulations. I he tollowing chart illustrates this: VAR -99 -02 GARDENS PARK PLAZA SIGN VARIANCE REQUEST Present conditions not in compliance with the following requirements: Code Requirement: Chapter 110 -36 (a) Ground Signs: "Any property with at least 300 feet of a property line abutting a public right -of -way shall be allowed a ground sign. An additional ground sign shall be allowed for each additional 700 feet of public right -of -way. The frontage of two or more public streets shall be additive to compute frontage ". Present Condition: Five (5) ground signs with 2,300 feet of right -of -way. (requires 3,100 feet of right -of way) Proposed Condition: Five (5) existing ground signs to remain. Proposed Condition Compliance with Code: No. Variance Requested 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. Also, it is staffs determination that the 'existing signage meets the intent and purpose of the sign code. This determination is based on the following: (1) The petitioner has made improvements to the signage on site so that he has reduced the dimensional non - conformities of two of the sign and is requesting from their tenant (Washington Mutual) that the last remaining dimensionally non- conforming sign be brought into compliance. (2) The hardship is not based on economics or natural obstructions on adjacent property, but is based on location of the site. The petitioner would be restricted in their ability to enjoy and utilize the intended benefits of the sign code without the existing ground signs. The intersection of Northlake Boulevard and Military Trail is extremely busy and the elimination of existing signs would hamper "business opportunities ", as defined within Section 110 -1 Intent and purpose. (3) Staff has reviewed the site and has found that the existing signage is consistent with the criteria set forth in Section 110 -1 Intent and purpose, as follows: (a) Due to the fact that four of the five signs conform dimensionally, the signs facilitate easy and pleasant communication between people and their environment. The fifth sign has minor dimensional non - conformities and the petitioner has indicated that it will be brought into compliance. (b) Due to the spacing of the sign locations, visual clutter is minimized. (c) The sign locations have been reviewed and approved by the City Engineer, Agenda Cover Memorandum August 19, 1999 Page 4 and are therefore not potentially harmful to traffic and pedestrian safety. (d) The existing signs are well maintained and therefore are not harmful to property values or community appearance. Based on this analysis, staff is recommending approval of this variance. GALong Range \var9902.st1.wpd t- t 1-t IVo .1 W (kf, U • ei 10:16 1 D : UFBAN DES 1 GN FAX :5616890551 PAGE 1 1 } C' P3 August 2, 1990 Kiln Chas Castro, Principal Planner Growth Management Departmerit. City of Palm Beach Gardens 10500 North Military 'Grail Palm Beach Gardens, Fl. 33410 Via Facsimile RE: — GARDENS PARK PLAZA - SIGN VARIANCE .REQUEST FOR POSTPONEMENT Our Reference # 15063.02 Dear Kim; Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics Please accept this request for postponement of 30 days to the September 16, 1999 Council Meeting for the sign variance request that was to be heard on August 19, 1999. This request is based on the petitioner's desire to provide some supplemental material which will require additional time to prepare. Additionally, the petitioner wants to ensure that this inforntation can be prepared in time to meet the City scheduling time frames for package preparation. Should you have any questions about this request, please feel free to contact me at 689- 0066. Sincerely, Urb De 'gn Stud! /w Dodi Glas, AICP cc: Patrick Koenig Hank Skokowski GACOMMUh46 s' Ai" Wca Park I• Ia�s�lignVxrtf `fltifcuerpcx�pcpce,wr! 1 •t'c m � p$, tatdens pU6 � 1999 �ppRjMENT 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach. Florida 334096582 561.689.0068 661.689.0581 fax Irvine, CA 714A89.6131 fgg.. -am M­g a a ftgg� a a � 0 . .- mUggg'.0 U­g a -a a mgg�g me �oo`mgggu . -a. V- AZ ■ MZ m r >m m ■ C: Li u ■ Iggg wu� ■ MC ■ -40 ■ 5io ■ mZ • wo A _01Vw mo ■ ■ (n E r 0 Z m K A • Z 9 on ® an oggg a a uggg, a ;_a augg" a NA*mm go NORTHLAKE BLVD. (S.R. 809-A) MTMATE POW 100' do-ss ffig�gg.mmgl 'Gardens Park Plaza Palm .13 each Gardens, Florida Existing Grotind Sign_ s 11441 w 111E 0 -4 i - -i 11 PRO fiff, I I -F IS Iggg wu� ■ MC ■ -40 ■ 5io ■ mZ • wo A _01Vw mo ■ ■ (n E r 0 Z m K A • Z 9 on ® an oggg a a uggg, a ;_a augg" a NA*mm go NORTHLAKE BLVD. (S.R. 809-A) MTMATE POW 100' do-ss ffig�gg.mmgl 'Gardens Park Plaza Palm .13 each Gardens, Florida Existing Grotind Sign_ s 11441 w 111E 0 -4 i - -i 11 PRO fiff, I I June 28, 1999 RESOLUTION 72, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, GRANTING A VARIANCE TO THE REQUIREMENTS OF SECTION 110 -36: "GROUND SIGNS" FOR FIVE (5) EXISTING GROUND SIGNS LOCATED AT THE GARDENS PARK PLAZA LOCATED AT THE CORNER OF MILITARY TRAIL AND NORTHLAKE BOULEVARD; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council finds that a variance for a sign per section 110 -36 would not be adverse to the public interest. WHEREAS, the City Council finds this variance meets the standards established by code. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. A variance is hereby granted to the requirements of section 110 -36, "Ground signs ", for five (5) existing ground signs located at Gardens Park Plaza located at the southeast corner of Military Trail and Northlake Boulevard; said variances being defined as follows: 1. A variance from the number of ground signs permitted, where only three ground signs are permitted, five ground signs exist. Section 2. The aforementioned improvements shall be consistent with the following plans on file with the Planning and Zoning Division: 1. June 7, 1999 Site Plan, Urban Design Studio, 1 sheet 2. April 27, 1999 Site Plan and Sign Elevations, Urban Design Studio, 1 sheet Section 3. All resolutions in conflict herewith are hereby repealed. Section 4. This resolution shall be effective upon adoption. 1 INTRODUCED, PASSED AND ADOPTED THIS DAY OF '1999. JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO \eat G: \Long Range \var9902.re.wpd 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: August 19, 1999 Date Prepared: July 19, 1999 Subject/Agenda Item: Public Hearing /2nd Reading: An application for the annexation of a parcel of land currently located within unincorporated Palm Beach County. The site is located approximately 1/4 mile east of Prosperity Farms Road, on the south side of Idlewild Drive. Recommendation /Motion: — Staff rPCnmmenris approval of Ordinance 32. 1999. Reviewed b Originating Dept.: Costs: $ 0 Council Action: Total City Attomey (j Growth Management [ ] Approved Finance N/A \ n $ 0 [ ]Approved W/ conditions Y,f Current FY { ] Denied ACM Human Res. N/A Funding Source: [ ] Continued to: Advertised: Attachments: Other N/A Date: [ ] Operating Paper: ( x ] Not Required [ ] Other N/A Ordinance 32, 1999 Submitted by: Growth Management Affected parties Budget Acct. #:: Director [ ]Notified [ ] None Approved b PP Y� City Manager [ x ] Not required BACKGROUND: This public hearing has been continued from the August 5, 1999 meeting. City Council reviewed this petition at its July 15, 1999 meeting and had no concerns. Hank Skokowski, agent, has requested the annexation of a .33 acre parcel of land currently located within unincorporated Palm Beach County. The site is located approximately 1/4 mile east of Prosperity Farms Road, on the south side of Idlewild Drive. (5- 42S -43E) The parcel currently has a Palm Beach County Future Land Use Designation of Low Residential - 3. The petitioner is proposing to change the land use designation to City of Palm Beach Gardens Future Land Use Designation of Residential Medium (RM) through a concurrent land use amendment application. This parcel is located within the City's Future Annexation Area, as indicated in the Comprehensive Plan. The City has also Agenda Cover Memorandum August 19, 1999 Petition AX -99 -01 Page 2 entered into an interlocal agreement with the County regarding eventually annexing of all unincorporated lands east of Prosperity Farms Road and north of PGA Boulevard. Palm Beach County Planning Division had recommended annexing the remaining 1.18 acres to avoid creating an irregular boundary during the review of the Marina Gardens (fka Soverel North) annexation. The subject annexation will reduce the size of this irregularity. Since the unincorporated property maintains access to other unincorporated areas, it does not violate Chapter 171, F.S. which regulates annexation procedures. The County Attorney's Office concurred with this determination. The subject parcel will reduce the size of the 1.81 acres left in the unincorporated area. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 32, 1999. The voluntary annexation reduces the size of an unincorporated pocket which is designated as the City's future annexation area. GALong Range \ax9901.cc.2.st.wpd X- • :• s b. amp ��]M.Avltu hill �: _�� .' �� tom: �t a +• _ ..'r (jrj{ �• "�'�•_ �...► T i i • M^�'�r+ICyp e��=yyt(+�''�Ji i^ i~ "3 Yp ,:•:Irk .� ..,. �..,, :.[' ;-Oat CP am 1.. • �� t' •.' - - �•' 1. �• Nor . �_ .�' b !f.. .. •c.+ • : fit- 3 �. .�. C 'T yr- • �'.: y. �l.�i "�• �^ .:� fa .. il: •�,• .1 :raj ••[. -_•�_ •tl:. �^ •.Sr -... ? ;. • *,7=R � :�` .� PA IN wl, �.,. •`- qqq��'� der}}! ���`+ —�;: '., • j �. �. .�•�.I. try t'� ��• % ° �y .. �K:S°: it + . St July 15, 1999 ORDINANCE 32,1999 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ANNEXING INTO THE CITY .33 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF IDLEWILD ROAD, 1/4 MILE EAST OF PROSPERITY FARMS ROAD; AND, REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID REAL PROPERTY; AND, PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE`VITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF WHEREAS, the City of Palm Beach Gardens received an application from Mutual Land Development Co., Ltd. for the annexation of .33 acres of land south of Idlewild Drive and 1/4 mile east of Prosperity Farms Road, as more particularly described in Exhibit 'A' attached hereto; and WHEREAS, the Growth Management Department (the "Department ") has reviewed said application and determined that it is sufficient; and WHEREAS, the proposed annexation is consistent with the City's Comprehensive Plan; and NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City of Palm Beach Gardens, Florida, hereby annexes into the City a compact contiguous parcel of land known as "MARINA GARDENS LOT 8" described in Exhibit "A" attached hereto and made a part hereof. Section 2. The boundaries of the City of Palm Beach Gardens, Florida are hereby redefined and shall include the real property described in exhibit "A" and said property is hereby declared to be within the corporate limits of the City of Palm Beach Gardens, Florida. Section 3. The land use regulations of Palm Beach County shall.remain in effect as same pertains to the annexed lands, in accordance with Chapter 171, Florida Statutes, until the City of Palm Beach Gardens amends its Comprehensive Land Use Plan including said lands. Section 4. The City Clerk is authorized to forward the adopted ordinance to the clerk of the circuit court, the chief administrative officer of Palm Beach County, and the Department of Ordinance 32, 1999 State within 7 days after the adoption of such ordinance. Section 4. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section S. This Ordinance shall be effective upon date of passage. PLACED ON FIRST READING THIS THE DAY OF '1999. PLACED ON SECOND READING THIS THE DAY OF '1999. PASSED AND ADOPTED THIS THE DAY OF '1999. JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO \GALong Range\ax990l.ordmpd Ordinance 32, 1999 Page 2 Exhibit "A" "MARINA GARDENS - LOT 8" LEGAL DESCRIPTIONS February 23, 1999 BOUNDARY SURVEY FOR: MUTUAL LAND DEVELOPMENT", CORP. This survey is made specifically and only for the following parties for the purpose of a dosing on the surveyed property. i Mutual Land Development, Corp. Attomeys' Title Insurance Fund, Inc. No responsibility or liability is_ assumed by the undersigned surveyor for any other purpose or to any other party other than stated above. PROPERTY ADDRESS: 2326 Idlewild Road, Palm Beach Gardens, FL 33410 LEGAL DESCRIPTION: A parcel of land in the Northeast one - quarter of Section 5, Township 42 South, Range '43 East, Palm Beach County; Florida, more particularly described as follows: From the Northeast comer of said Section 5, run thence South 2" 01'47" West on the East line of said Section 5 a distance of 1644.62 feet, thence run North 88° 31' 05" West a distance of 1673.93 feet; thence run South 1" 30' 54" West, a distance of 70.74 feet to the POINT OF BEGINNING of the parcel herein conveyed; thence continue South 1° 30' 54" West a distance of 109.88 feet; thence run North 88° 29' 06" West a distance of 130.0 feet; thence run North 1" 30' 54" East a distance of 111.45 feet; thence run South 87" 4T 42" East a distance of 130.01 feet to the POINT OF BEGINNING. Subject to easement for utilities over the South 6 feet thereof, and easement for road right of way over the West 30 feet and the North 5 feet thereof. *xmmmmw jr *xmmmmw CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 29, 1999 Meeting Date: August 19, 1999 Subject/Agenda Item: Public Hearing/ Second Reading of Ordinance 34, 1999: Petition CU -97 -04 - 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 the increase of the allowable number of seats from 300 to 768 (192 of which are temporary). Recommendation/Motion: Staff recommends that the City Council approve Ordinance 34, 1999. Reviewed by. Originating Dept.: Costs: $_0 Council Action: Q� lcf City Attorney ° Growth Management T otal [ ] Approved Finance N/A S 0 [ ] Approved w/ conditions y Current FY ACM [ J Denied Human Res. N/A Advertised: Funding Source: [ ] Continued to: Attachments: Other N/A Date: August 4, 1999 [ ] Operating Paper: Palm Beach Post [ ] Other N/A City Engineer memo of (] Not Required June 22, 1999 Submitted by: Growth Management Dir. Affected parties Budget Acct. #: Kimley -Horn analysis of June 15,1999 J / � v Reduced site plans, �[, landscape plans, and drainage plans Ordinance 34, 1999 Approved. by: [ I Notified [ J None City Manager [ x ] Not required BACKGROUND: AIM 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 RL -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, 199.1, the site plan proposing the improvements of the Christ Fellowship Church, was approved by the City Council. This original approval provided for a 1 -story sanctuary building containing 300 seats, a "caretaker's residence", and 92 parking spaces (80 grass and 12 paved). The site plan showed 56% open space. 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. Part of this application is a request to extend the life of that temporary conditional use; if this application is denied they will have to be removed because the original date has expired. 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 its 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. After assurances from the representatives of the church that they would proceed with good faith efforts, it was agreed to allow for "retroactive" approvals. Two years later, these amendment requests are being processed as CU -97 -04 and SP- 97 -03. During 1997, the project proceeded very slowly through the review process. The project did not meet concurrency, for example, until August of 1997. During review of the petition, staff gradually became aware that the scope of the project had greatly exceeded its original development order. Finally in January of 1998 the applicant submitted a site plan which showed 800 seats rather than 300, a sanctuary of 21,100 square feet, and a parking lot showing 229 spaces (with off -site parking). Finally staff could undertake a realistic review of this project. Staff spent 1998 trying to obtain enough information from the petitioner to conduct a thorough review so that the project could be sent to the Planning and Zoning Commission and City Council. Nearly every request for information resulted in slow responses, inadequate and/or conflicting plans and documents, and a repeat of the same pattern when further information was requested. In May and again in July 1998, Development Review Committee meetings were held, but serious problems with the submitted data and information remained. Finally, on January 12, 1999, this project was reviewed by the Planning and Zoning Commission. The Commission discussed the history of this project at length, especially in light of Christ Fellowship's proposed expansion on its new site.on the north side of Northlake Boulevard. The Commission was especially concerned with the intensity of use at this site, and with the resulting parking and traffic circulation issues. Mr. Gregg, representing Christ Fellowship, indicated that the south property would no longer be used for worship services once the north property is completed. Instead, the south property would then be used as a chapel for weddings, smaller meetings and other functions. As noted by Planner Bahareh Keshavarz to Mr. Gregg in a memo dated January 29, 1999, the Commission had several other questions and concerns (see attached memo). On April 27, 1999, the project was again reviewed by the Planning and Zoning Commission. Staff presented what were considered to be the major issues: traffic concerns, drainage, parking, the expansion of the use, and septic system concerns. Staff suggested a number of conditions of approval to address this site's problems, including the elimination of 15 parking spaces which do not meet code, the calculation of required parking at a rate of 1 space per 3 seats, and others. The petitioner's agent recognized staff s concerns and even agreed to abide by staffs conditions of approval after the north campus opens. In other words, the petitioner is proposing that the City not insist on the immediate resolution of this site's code problems, but that we wait until the north campus opens, at which point they will comply with all of our requests. At the April 27 meeting, the Planning and Zoning Commission focused on several matters: 1. Simultaneous services on the north and south campuses 2. Was the sanctuary properly designed for 800- -i.e., are there enough toilets 3. Phasing was discussed at length, with phase 1 being what is there today and phase 2 being what will occur when the north campus opens (approximately Christmas of 1999) 4. Should off -site parking continue 5. Should we impose a "date certain" for phase 2? Ultimately the Planning and Zoning Commission accepted the petitioner's argument that we should wait until the north campus opens and require the resolution of this site's problems after that opening, on the assumption that the majority of the church's operations will shift to the new campus and the old campus will be able to scale back. However the Commission was not willing to pass this matter on to the City Council until they had a full site plan package to review, including landscape plans. The Commission also wanted to see a phasing plan. In response, the petitioner submitted phased site plans, landscape plans, and drainage plans. Phase 1 represents the site in its temporary configuration- -that is, after City Council approval but prior to the opening of the north campus. The petitioner's revised plans have eliminated the 15 parking spaces on the basketball court that are not code- compliant, and have added six spaces elsewhere, for a total of 192 spaces. Phase 1 continues to calculate parking at 1 space per 4 seats. Therefore the plans show 768 seats, the modular units, and a driveway connection to the Church of the Nazarene site to the west. Phase 2 represents the ultimate configuration after the opening of the new campus, and shows 576 seats, no modular units, and the same 192 parking spaces, and the closing of the cross access to the neighboring church. Phase 2 accedes to staff's request to calculate parking at 1 space per 3 seats, thus resulting in a reduction of 192 seats from Phase 1. This project was again reviewed by the Planning and Zoning Commission at its June 22, 1999 meeting. At this meeting, the Commission again reviewed the project in depth, including a number of revised documents submitted by the petitioner. These documents included a plumbing fixture certification from the project architect, an analysis of the traffic and driveways on Northlake Boulevard, phased site plans, phased landscape plans, and phased drainage plans. Based upon these documents and a letter from the City's consulting engineers indicating that their concerns were all satisfied or conditionally satisfied, the Planning and Zoning Commission voted to recommend approval of these petitions to the City Council. The Commission also added two recommended conditions of approval to those suggested by staff. On July 15, 1999, the City Council considered this project in a workshop /first reading. The Council reviewed the project in depth, ultimately deciding to send the project forward for a public hearing/second reading subject to the prior resolution of the septic tank issue. The problem is that the existing septic tank is not sufficient to support 800 seats. The City Engineer has proposed a new condition to resolve the matter (see below). 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. Traffic Concurrency The project was reviewed and approved for traffic 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. C. Public and Private Services The City's Development Review Committee (DRC) discussed the request at their May 7, 1998 and July 23, 1998 meetings. A listing of the various departmental comments is attached for your review. TABLE I EXISTING ZONING AND LAND USE DESIGNATIONS & SITE ANALYSIS EXISTING USE ZONING LAND USE Subject Property Church Residential Low Density -1 Conditional Use (RL -1) Residential Low (RL) North Vacant Planned Development Area (P.A.) Residential Low (RL) South Single Family Residences Residential Estate (RE) Residential Low (RL) East Single Family Residences Residential Estate (RE) Residential Low (RL) West Church Residential Low Density -1 (RL -1) Residential Low (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 * Setback violation by a shed; to be relocated in Phase 2 D. Procedure This is a request for a conditional use amendment. The request is reviewed by the Development Review Committee, which forwards comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission makes a recommendation on the proposed request to the City Council. The City Council reviews the request for conditional use amendment for consideration of approval, approval with conditions or denial. Please note that this petition, the expansion of the church use (number of seats) will be reviewed by the City Council as an amendment to the conditional use as CU- 97 -04. The amendment to the elevations, setbacks, signage, and other physical site plan changes, the signage, and the time extension request for the modular units will apply to SP -97 -04 which is a separate petition. E. Project Details The petitioner is proposing to amend the approved conditional use and site plan for Christ Fellowship Church to correct the inconsistencies between the approved project and the existing situation at the current Christ Fellowship site. The site plan was approved in 1991 for a 15,825 square foot, 1 -story, 300 seat religious facility. Today Christ Fellowship site contains a 2 1, 100 square foot, 2 -story building with 800 seats, a driveway connection to the Church of the Nazarene's parking lot, an exit (right out) at the northeast corner of the site, and a youth center that was originally approved as a residence. The size of the approved residence building was 2,196 square feet, whereas, the existing building is 4,009 square feet in size. The proposed site plan and use changes reflect the following: Expansion of Conditional Use Increasing the number of seats from 300 to 768 (192 of which are temporary). Changing the use of the residence building to a youth center. Site Plan Amendment (to be addressed in SP- 97 -03, Resolution 186,1999) • Approving a driveway connection to the Church of the Nazarene and sharing parking with the Church of the Nazarene. • Approving a right turn only exit at the north east corner of the site. • Approving additional parking to support the 768 seats. • Approving a second story for the existing house of worship. • Relocating the existing sheds to be consistent with the existing building setbacks on the site. • Approving a project identification sign at the entrance to the site. Approving additional grass parking. Time Extension - Approving a time extension for the 3 modular units until the occupation of the north campus. As noted above, the applicant has now submitted phased plans as requested by the Planning and Zoning Commission. The first phase is an "as is" plan except that it shows 768 seats instead of the 800 seats which actually exist now. Phase 1 represents their commitment to remove the 15 parking spaces, which are not code - compliant. The loss of parking requires a loss of seating. Phase 2 represents the project as it will be after the opening of the north campus (currently expected by Christmas of 1999), with the removal of the modulars and the scaling back of the intensity of use on the site. Additional landscaping is called for in Phase 2 to bring the site into compliance with today's code. Staff is proposing a condition of approval that will require the installation of the new landscaping within 30 days of the approval of Phase 1, rather than waiting for Phase 2. ISSUES: The illegal and unpermitted expansion of this project presents a number of issues, which need to be considered by the City Council: 1. TRAFFIC The applicant has submitted a traffic statement, which indicates that the expansion to 800 seats r "will not cause the level of service standard for Northlake Boulevard to be exceeded ". However, the nature of this use is such that the City should also consider peak hour trips as well as average daily trips. Staff concern is that simultaneous use of the north and south properties for church services could result in so many vehicles on Northlake Boulevard at the same time that traffic control measures could be overwhelmed. In response to this concern, the petitioner has submitted an operational analysis of the driveways on Northlake Boulevard, which establishes that the site will demonstrate "very acceptable levels of service" even after the opening of the north campus. The petitioner has indicated to staff that, once the north campus is open, the south campus will no longer be used for regular religious services. Staff recommends a condition of approval to this effect. 2. DRAINAGE The petitioner has given the City drainage plans for the site representing both current conditions and the buildout of the Church of the Nazarene site. The drainage scheme relies on the use of an off -site treatment facility on property owned by the Church of the Nazarene. In such cases a formal drainage agreement should be secured between the two parties. 3. PARKING Staff's parking concerns with this project fall into two areas: the overall number of spaces provided, and technical problems with some of the spaces on the property. Overall Numbers: Current City code calls for 1 space per 4 seats in the principal building. The site currently contains 800 seats (600 permanent, 200 temporary) which would require 200 spaces. The site has 201 spaces, of which 62 are paved and 139 are grass. Therefore the plan technically complies with the code. However, 15 of the spaces are not code - compliant (see discussion below). The petitioner also has a cross parking agreement with the Church of the Nazarene immediately to the west, which allows them to use 104 of their spaces. These spaces are available for "overflow" parking for Christ Fellowship, but the agreement between the two parties is subject to termination at any time "upon written notification to the other ". Furthermore, Sec. 118 -421 of the City code states that "off- street parking for non - residential uses as required by this article shall be located on the same building site as the uses they serve ". Therefore these off -site spaces cannot be considered in any examination of Christ Fellowship's parking situation. City staff is in the process of re- evaluating the number of spaces required for churches, and is currently recommending 1 space /3 seats. The north campus was approved at 1 space per 2 seats. One space per 3 seats is the number used by Palm Beach County and many other governments for churches. The need for more parking is also indicated by the September 1997 Traffic Study of Christ Fellowship prepared by Miles Moss & Associates, Inc. which found that "vehicle occupancy rates are lower than Code expectations of 4 people/vehicle, as observed rates range from 1.92 to 2.13 people /vehicle ". Observations also indicate that the "overflow" parking at the Church of the Nazarene is heavily used. Indeed, the fact that Christ Fellowship felt the need to obtain the use of this extra parking shows that the petitioner is not finding its on -site parking to be adequate. This may be due to the fact that the church has multiple services on Sunday morning, and worshipers for just - concluded services have not vacated the lot before worshipers for the next service arrive, leading to an overlap. All of the above factors support staffs request for a parking ratio lower than the current 1 space per 4 seats. There is an extensive discussion of church parking needs in the staff report for Resolution 86,1999 (Christ Fellowship's site plan amendment application) which is on the same agenda as this item. Technical Problems: The great majority of the spaces on site (136 of 201) are grass parking. Grass parking is allowed by Sec. 118 -478, subject to meeting technical criteria, submission of an application, and approval by City Council. In all cases, aisles must be paved; only the spaces themselves can be grass. Grass parking areas are subject to the same dimensional, landscape, and other code requirements as regular spaces. The site currently contains 15 grass parking spaces in the area of the basketball court between the existing modular buildings and a proposed drainage swale. These spaces do not meet the technical requirements for dimension, back up area, access drive width, access drive paving, and landscaping. Therefore the City Engineer and the planning staff have recommended that they not be permitted unless they are improved to meet code. As an alternative, the petitioner can request a variance to allow these spaces even though they do not meet code. Prior to the last Planning and Zoning meeting, the petitioner submitted plans, which call for the removal of these 15 spaces. Six spaces have been added in other areas, so there will be a net loss of nine spaces. 4. USE EXPANSION The original conditional use and site plan applications were for 300 seats in a 15,825 square -foot, 1 -story building. The approval also included a separate "caretaker's residence" of 2,196 square feet and parking for 92, cars. Today the site contains 800 seats in a 2 -story building of 2 1, 100 square feet The "caretaker's residence" has become a 4009 square -foot youth building. The site has also gained 3,336 square feet in modular buildings and 915 square feet in sheds, for a total square footage of 29,360 (An earlier request by the petitioner for 3,264 square feet of additional modular space has been withdrawn.) As discussed above, the site now contains 201 parking spaces. This site is at, if not over, capacity. If the City Council approves this requested use expansion and site plan amendment, staff suggests a condition that at least 192 of the seats be removed upon the opening of the north campus. 5. SEPTIC SYSTEM This site is still serviced by a septic tank. Presumably it is the same system that was installed back when the church had 300 seats. The City needs to be assured that this.system is functioning properly and that it has enough capacity to service the current uses on this property. Staff is suggesting a condition of approval (in Resolution 86, 1999) which will require the petitioner to connect to public sewer soon after they move into their new campus on the north side of Northlake Boulevard. The church is already required by a previous condition to tie into public sewer once it becomes available. At their present capacity the church has crossed the threshold for mandatory sewer hookup. SUMMARY: Staff is recommending the adoption of a parking standard of 1 space /3 seats for this project. The effect of this change and the net loss of nine parking spaces would be to allow 192 parking spaces at a rate of 3 seats per space for a total allowed capacity of 576 seats. Staff is also recommending several other conditions of approval (see below). Assistant City Engineer Tammy Jacobs has reviewed the project and has recommended that the applicant pave the existing on -site stabilized crushed rock drive aisles. � She has also requested that the drive aisles be properly dimensioned on the plans, and she wants to see a recorded cross drainage agreement between Christ Fellowship and the Church of the Nazarene. RECOMMENDATION: Staff recommends approval of CU -97 -04 with the following Conditions of Approval: 1. Simultaneous broadcasts of presentations, programs or sermons conducted on the north campus to the south campus shall be prohibited. (Code Enforcement) 2. Immediately upon the issuance of the C.O. for the sanctuary on the north campus or by January 2, 2000, whichever occurs first, parking on this site shall be calculated at a rate of 1 space per 3 seats in the sanctuary. At that time, 192 of the seats in the sanctuary shall be permanently removed, leaving a permanent occupancy of 576 seats, and the petitioner shall submit an affidavit to the City verifying that the seating does not exceed 576. (Development Compliance Officer) 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) DEPARTMENTAL COMMENTS PETITION CU -97 -04 ENGINEERING: See staff report and attached. BUILDING DIVISION: No objections. PLANNING AND ZONING DIVISION: See staff report and City Forester memo. POLICE DEPARTMENT: No objections. FIRE DEPARTMENT: No objections. PARKS AND RECREATION DEPARTMENT: No objections. SEACOAST UTILITY AUTHORITY: No objections. g /short: sp9703.a:l.doc /jn &jl P P • j °F� y�ti� j�`�iQ 'c r 0 n m 0 3 Ih J t J \ \ .C- /yam I I M I I I I I I I I r f " aaI � I � I I mg ;m i", r Z • j °F� y�ti� j�`�iQ 'c r 0 n m 0 3 Ih J t J \ .C- NORTNLAKE BLVD. -- l y II 3 5 I I 1 +7 t,..l , L� .• 1 � I ., I 1 0 II I II 'S I II II ro ��� ; I •• o II S II f S' II „Fi I -- - -- -- -- - --- -- 0 " - - ---- J---' CANAL �Yt )IbY Jilli d M D D DDD 4 �.. � � � i [ � eaY»•nmle.nr i Palm Beach Gardena Christ Fellowship 4P Ilk CORPORATE AUTHORIZATION No. C001609 �a'u�eom�n Ywxwm °o nw. -411-11 M 1 a J011T.r amK M .G[ olUnA twill WD 1 ra blX M `IK#MIIII N IKMRMt OM Wv�l. & Associates P.A. Planne s Architects • . P.a pPt .1Melf .enln n.n.:� nna... n. e7M16 . Me11 ne -eele – ` I Ozm M I I Ii I l'ii' I I I jli i I I �• 'I I l yy I I, g I A - - ' ------------- - - ---� ��II ... — I' t= I I NORTHLAKE BLVD. r — I, -------- —, 'I N- - -- - -- -- - - - - -- i� o -� -- r -u CANAL b ------ - - - -WT IMN T R U� T ce v /• `-t LO (t 66 � p Q � cr ti E 'Palm beach Gardens - - — �" Christ Fellowship _..A &Associates, P.A. Architects • Planners nwe r.0ei o- Rowe. • 870 001 MSTA CT. . . Pfffk RON Sall • (961) 746 -7946 Fee {A X j [ � by �I CORPORATE AUTHORIZATION No. COOI609 o�.°f�i en.�c axie n w ni r.�nw°n ne ema rP wt aum, PlaaP wP e.¢em ro+ R K w COw[0iw�,0�T.0 H[0 �rq[m, 9M [W 0[90+1 MwuOIM N M6e n a. 9rm+m n w. ena""icrna n� a w� �m •vr .w�mn .man ti� .wrR. JUN -22 -1999 17 =38 LBF&i — STUART 561 286 3925 P.02/03 LINOAHL, BROWNING, FERRARI & 14ELLSTROM, INC. CONSULTING ENGINEERS. SURVEYORS 8 MAPPERS MEMORANDUM TO: Kim Glas FROM: Tammy Jacobs DATE: June 22, 1999 (Supercedes comments dated June Is, 1999) SUBJECT: Palm Beach Gardens Christ Fellowship (LBFH File No. 90 -1033) We have reviewed the revised Conceptual Drainage Plan prepared by Kenneth H. Kruger and revised Site Plan prepared by Glenn Pate received June 18, 1999. We offer the following comments: 1) Conditionally Satisfied. The applicant has submitted a cross - section detail of the proposed on -site stabilized rock drive aisles showing the overall width meeting LDR Section 118 -475, asphalt, base and subgrade specifications meeting LDR Section 114- 206 and slopes to show the storm water runoff conveyance. Prior to City Council approval, the applicant will need to revise the cross- section detail to show a minimum 24' drive aisle width meeting the requirements of LDR Section 118475. 2) Conditionally Satisfied. The conceptual dr inAge plan does identify the standard grass parking spaces as 10' x 18.5'. Prior to City Council approval, the applicant will need to revise the cross- section detail to show a minimum 24' drive aisle width meeting the requirements of LDR Section 118475 as previously stated in comment number 1. 3a) Conditionally Satisfied. It appears that there is a conflict between the proposed "Ultimate build -out" of the dry detention area and the existing temporary modular unit. As a condition of the issuance of the certificate of occupancy for the proposed Christ Fellowship Church located north of Northlake Boulevard, the temporary modular unit shall be removed. 3b) Satisfied. The applicant has removed the proposed "staff parking" spaces surrounding the existing basketball court eliminating the conflict between the "staff parking" spaces and dry detention area. 4) Previously Satisfied. 3550 S.W. CORPORATE PARKWAY • PALM G1TY.(1.ORIOA 34980 - MI) 2563883 • FAX. (561) 286 -3925 hupJ /WwwAAtcom • e•maa: Wo4DbOLCM M M CITY WEST PALM MACH ITM PIERCE OKEEOiCME TLW22 -1999 17:38 LBF&H - STUART 561 265 3925 P.03/03 Palm beach Gardens Christ Fellowship LBFH FYlc No_ 90 -1033 Page 2 of 2 5) Conditionally Satisfied. The off -site drive aisles shall be abandoned and restored to the satisfaction of the City prior to receiving the certificate of occupancy for the proposed Christ Fellowship Church located north of Northlake Boulevard. 6) Conditionally Satisfie(L Prior to construction plan approval, the applicant shall provide a copy of the approved PBC permit allowing the paved connection to the existing paved apron at the right -only curb cut on Northlake Boulevard. 7) Satisfied. The applicant has eliminated the proposed 15 additional grassed parking spaces (staff parking) around the basketball court. 8) Conditionally Satisfied. The applicant has submitted certified water quality and quantity calculations during the site plan review process. Engineering has performed a courtesy review of the calculations but will perform a more in depth review of the calculations during construction review. Prior to construction plan, all water quality and quantity calculations shall be reviewed and found acceptable by the City Engineer. 9) The applicant has voluntarily submitted an operational analysis of the driveways accessing the north and soirth Christ Fellowship Churches in response to City concerns. The analysis has bee transmitted to the City's Traffic Consultant for a courtesy review. We will issue comments once the review is completed and comments are received- 10) Conditionally Satisfied. Prior to City Council approval, the applicant is will need to submit a recorded agreement with the property to the west, allowing the applicant to utilize the offshe drainage canal located on the adjacent property. ri r.WBG?A Mot1033L.d= c: Bobbie Herakovich Roxanne Manning TOTAL P.03 , 06 /1b /av 10:. reb bUJb8ZJ7UJ lGmiey -Horn ►1 and Associates, Im June 15, 1999 'IT., a v Pastor Thomas D. Mullins Palm Beach Gardens Christ Fellowship Church 5212 Northlake Boulevard Palm Beach Gardens, Florida 33418 Re: Palm Beach Gardens Christ Fellowship Church Palm Beach Gardens, Florida Dear Pastor Mullins: As requested, Virnley- -Horn and Associ?tK, lac. hat performed an operational analysis of the driveways acces�ng the north and south campuses of the Christ Fellowship Church- An 800 seat church (600 per mnnent, 200 temporary) currently exists south of Northlake Boulevard A 1,750 seat church is currently under construction north of Northlake Boulevard, opposite the existing church. When construction is completed the temporary seats in the south church will be removed. It is assumed that the south church will remain in operation even_though Christ Fellowship does not intend to operate the south campus with church services_ Access to the south campus is provided via-two full- access driveways (west and central driveways) and one right -out only driveway (east driveway) on Northlake Boulevard. The central driveway is controlled by two off -duty police officers during Sunday services. Access to the north campus willbe provided via one full access driveway (across from the south campus' west driveway) and one right -in, right -out driveway Gust west of the south campus' central driveway) on Northiake Boulevard. The central and east driveways accessing the south campus will remain open after completion of the north campus construction. The west driveaway will bo closed to south campus traffic. Existing conditions were Quantified for Northlalm Boulevard and the church driveways. Machine counts were performed on Northlake Boulevard adjacent to the church from Friday. May 21 through Sunday, May 23 to quantify traffic volumes on Northlake Boulevard during the 6me periods when Christ Fellowship is currently and will have Sunday church services_ Manual turning movement counts were perfoi red at the church driveways on Sunday, May 30 to quantify church traffic during the church's peak operating periods. The existing church was found to generate approximately 665 trips during the peak operating hour on Sunday morning. Existing conditions werc eval!!ated using the signalized intersection methodology set forth in the 1994 Kghway Capacity Manual. With traffic control being performed by off-duty police offices, the driveways operate similar to demand :L ash ens em FAX 561 00 ens WJ002 /010 R 4431 Emb&Wm Dice West PAn Beach, FWea kz4o7 I1 • ,06/15/89 16:55 rA1l X618823703 Z'�o fly Q b(a!lfaw Fw 1i.1�9.l.�c 2 lid end Assoafl %s, tic. activated signalized intocsccdons. Iha c3dating driveways w= ,found to ba operating at acceptable levels of service. This vms eonri -mad. during a visit to the site diuiug the peak operating hour. Attached are intersection capacity analysis worksheets which indicato vary acceptable levels of cc:rvicc on Sunday monuing. BuaT,dont coudidans wcm eeti=tcd through iuuipolatiou of the existing cb=h trmfFic. Church officials have agreed not to hold diuiultancous services, however. to present a conservative analysis the proposed driveways were analyzed as if both the uorth and south campuses operate at full capacity with the same schedule for Oninch servlecs. It was found ti,-qt all proposed driveways will operate at acceptable Icvcls of service based upon signalizod iutersectiou capacity analyses. Attached are intdtseetion capacity anelyam wodmhects which indicate very acccptable levels of sec vice on Sunday [noraings even if church acrvico9 occur on both campuses at the same time. We should note that the traffio eon curreacy issues for tiro south campus are independent of concuwcncy issues for the north cam We Aould area note that the eoncurrenay approval for the north campus did not awuwa that the south ---Tus ceased to fnncfiom In fact, the north campus =Me, was added to e=ting traffic volumes which inoludc traffic from the south campus. Therefore, traffic oonctu,.ivncy is not an issue. It has been a pleasure working with you on t3,ip project. If you have any questions, please do not hesitate to call. very truly yams, Pladda Itcgisiratioa XWMb,cr 19S62 Attwbmc its 0003/010 06/15/99 16:55 FAX 5618823703 @x004 /010 HCM: SIGNALIZED INTERSECTION SUMMARY 'Version 2.4f 06 -13 -1999 Kimley -Horn And Associates, Inc. Streets: (N -S) West Driveway (E -W) Northlake Boulevard Analyst: KEIA File Name: WAMEX.HC9 Area Type: other 6 -11 -99 AM Peak Comment: Existing Conditions, Sunday AM Peak CC =�� Northbound Southbound Eastbound Westbound L T R L T R L T R L T R No - La-ies 0 > 0 < 0 0 0 0 0 3 < 0 1 3 0 Volumes 31 102 1259 10 7 1022 Lane W (ft) 12.0 12.0 12.0 12_0 RTOR Vols 0 0 0 Lost Time 3.00 3.00 3.00 3.00 3.00 3.00 Signal Operations - Phase Combination 1 2 3 4 5 6 7 8 NB Left * EB Left Thru Thru Right * Right Peds Peds SB Left WB Left Thru Thru Right Right Peds Peds EB Right NB Right WB Right SB Right Green. 6.OA Green -26.OA Yellow /AR 4.0 Yellow /AR 4.0 Cycle Length: 40 secs Phase combination order_ #1 #5 Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: Mvmts Cap Plow Ratio Ratio Delay LOS Delay LOS NB LR 257 1467 0.545 0.175 11.6 B 11.6 B EB TR 3767 5581 0.390 0.675 1.9 A 1.9 A- WB L 186 276 0.038 0.675 1.4 A 1.7 A T 3772 5588 0.314 0.675 1.7 A Intersection Delay = 2.3 sec /veh Intersection LOS - A Lost Time /Cycle, L 6.0 sec Critical v /c(x) 0.422 �r ~101" 10:00. rAA Dt�1KtSL�YUJ IM 0051010 HCM: SIGNALIZED INTERSECTION SUMMARY Version 2.4f 06 -13 -1999 Kimley -Horn And Associates, Inc. Streets: (N -S) Central 'Driveway (E -W) Northlake Boulevard Analyst: KRA File Name: C1AMEX.HC9 Area Type: Other 6 -11 -99 AM Peak Comment: Existing Conditions, Sunday AM Peak Northbound Southbound Eastbound Westbound L T R L T R L T R L T R No. Lanes 1 0 1 0 0 0 0 3 < 0 1 3 0 Volumes 22 97 1259 52 222 1022 Lane W (ft) 12.0 12.0 12.0 12.0 12.0 R.L'OR Vols 0 0 0 Lost Time 3.00 3.00 3.00 3.00 3.00 3.00 Signal Operations Phase Combination 1 2 3 4 5 6 7 8 NB Left * ED Left Thru Thru Right * Right *� Peds Peds SB Left WB Left Thru Thru Right Right Peds Peds ED Right NB Right WB Right SB Right Green S.OA Green 6.OA 16.OA Yellow /AR 4.0 Yellow /AR 4 -0 4.0 Cycle Length: 40 secs Phase combination order: #1 #5 #6 Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: Mvmts Cap Flow Ratio Ratio Delay LOS Delay LOS NB L 310 1770 0.074 0.175 8.9 B 9.6 B R 277 1583 0.368 0.175 9.8 B ED TR 2361 5555 0.643 0.425 6.3 B 6.3 -r B WB L 496 1770 0.472 0.675 3.1 A 2.0 A T 3772 5588 0.314 0.675 1.7 A Intersection Delay - 4.4 sec /veh Intersection LOS = A Lost Time /Cycle, L = 9.0 sec Critical v /c(x) I = 0.606 A_ VV. L.�i op yV.:7J ['AA :lVy00LJ(VJ �uvu�UlU HCM: SIGNALIZED INTERSJUCTION SUMMARY Version 2.4f 06 -13 -1999 Kimley -Horn And Associates, Inc. ccC_� —...0 eC =_= .CC === FxC�C : G��e= �CCeC = =�= cCCC= =��ceeC�_...�. -.c cam..— _.�...- G� ►.- ...�lC��`. Streets: (N -S) East Driveway (E -W) Northlake Boulevard Analyst: XHA File Name: EAMIX.HC9 Area Type: Other 6 -11 -99 AM Peak Comment: Existing Conditions, Sunday AM Peak Northbound Southbound Eastbound Westbound L T R L T R L T R L T R No. Lanes 0 0 1 0 0 0 0 3 0 0 3 `0 Volumes 123 1259 1022 Lane W (ft) 12.0 12.0 12.0 RTOR Vols 0 - 0 0 Lost Time 3.00 3.,00 3.00 Signal operations Phase Combination 1 2 3 4 5 6 7 8 NB Left EB Left Thru Thru Right Right Peds Peds SB Left WB Left Thru Thru Right Right Peds Peds EB Right NB Right WB Right SD Right Green Green 6 O 26.OA Yellow /AR Yellow /AR 4.0 4.0 Cycle Length: 40 secs Phase combination order: #5 #6 Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: Mvmts Cap Flow Ratio Ratio Delay LOS Delay LOS 1M R 277 1583 0.466 0.175 10.5 B 10.5 B EB i 3772 5588 0.387 0.675 1.9 A 1.9 A WB T 5169 5588 0.229 0.925 0.1 A 0.1 _ A' Intersection Delay = 1.5 sec /veh Intersection LOS - A Lost Time /Cycle, L - 6.0 sec Critical v /c(x) 0.403 X 1 u6/1b/aa lb:bb FAA. 5618SX37u3 U007/010 TIC4: SIGNALIZED INTERSECTION SUMNBIRY Veraion 2.4f 06 -13 -1999 Kimley -Horn And Associates, Inc_ Streets: (N -S) West Driveway . (E -W) Northlake Boulevard Analyst: KRA File Name: WAMkUT2 -HC9 Area Type: Other 6 -11 -99 AM Peak Comment: Buildout Conditions, Sunday AM Peak Northbound Southbound Eastbound Westbound L T R L T R L T R L T R No. Lanes 0 0 0 2 0 1 1 3 0 0 3< 0 Volumes 704 .77 136 1259 1022 167 Lane W (ft) 12.0 12:0 12.0 12.0 12.0 RTOR Vols 0 0 0 Lost Time 3.00 3.00 3.00 3.00 3.00 3.00 Signal Operations Phase combination 1 2 3 4 5 6 7 8 NB Left EB Left Thru Thy Right Right ` Peds Peds SB Left * WB Left Th-ru Thru Right * Right Peds Peds EB Right N9 Right WB Right SB Right Green 16.OA Green 6.OA 26.OA Yellow /AR 4.0 Yellow /AR 4.0 4.0 Cycle Length: 60 secs Phase combination order: #1 #5 #6 Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: Mvmts Cap Flow Ratio Ratio Delay LOS Delay LOS SB L 1003 3539 0.761 0.283 15.1 C 14.7 B R 449 1583 0.181 0.283 10.5 B _ EB L 330 1770 0.433 0.617 4.8 A 4.0 A T 3446 5588 0.423 0.617 3.9 A WB TR 2462 5470 0.559 0.450 8.1 B 8.1 B Intersection Delay = 7.8 sec /veh Intersection LOS - B Lost Time /Cycle, L c 9.0 sec - Critical v /c(x) 0.645 IM 06 /15iaa 16:56 FAX 5618823703 Q008/010 HCM: SIGNALIZED INTERSECTION SUMMARY Version 2.4f 06 -13 -1999 Kimley -Horn And Associates, Inc. Streets: (N -S) Central Drive -North (E -W) Northlake Boulevard Analyst: KHA File Name: C2AMFUT2.HC9 Area Type: Other 6 -11 -99 AM Peak Comment: Buildout Conditions, Sunday AM Peak Northbound Southbound Eastbound Westbound L T R L T R L T R L T R No. Lanes 0 0 0 0 0 1 0 3 0 0 3< 0 Volumes 39 1259 1022 334 Lane W (ft) 12.0 12.0 12.0 RTOR Vols 0 0 0 Lost Time 3.00 3.00 3.00 3.00 Signal Operations Phase Combination 1 2 3 4 5 6 7 8 NB Left EB Left Thru Thru Right Right Peds Peds SB Left WB Left Thru Thru Right Right Peds Peds EB Right NB Right WB Right SB Right Green Green 6.OA 46 -OA Yellow /AR Yellow /AR 4.0 4.0 Cycle Length: 6o secs Phase combination order: #)5 #6 _ Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: Mvmts Cap Flow Ratio Ratio Delay LOS Delay LOS SE R 185 1583 0.222 0.117 15.6 C 15.6 C EB T 5309 5588 0.275 0.950 0.1 A 0.1 A - WB TR 4216 5382 0.373 0.783 1.3 A 1.3.-3 A Intersection Delay - 0.9 sec /veh Intersecti.an LOS - A Lost Time /Cycle, L - 6.0 sec Critical v /c(x) = 0.353 M HCM: SIGNALIZED INTERSECTION SUMMARY Version 2.4f 06 -13 -1999 Kimley -Horn And Associates, Inc. ccL"^�.�CCCC�- ..•.CCU-- .r- c��- .- ..�.cC =��� -c ci�c�- CQeGG�- .- .�cC'C-- ��- ._-- �..�wC -��... r.G -�� �NM Streets: (N -S) Central-Drive -South (E -W) Northlake Boulevard Analyst: KHA File Name: CIAMFUT2.HC9 Area Type: Other 6 -11 -99 AM Peak Comment: Buildout Conditions, Sunday AM Peak Northbound Southbound Eastbound westbound L T R L T R L T R L T R No. Lanes 1 0 1 0 0 0 0 3 < 0 1 3 0 Volumes 40 111 1259 47 172 1022 Lane W (£t) 12.0 12.0 12.0 12.0 12.0 RTOR Vols 0 0 0 Lost Time 3.00 3.00 3.00 3.00 3.00 3.00 - - - - -- ------------------------------------------------------------------ Signal Operations Phase Combination 1 2 3 4 5 6 7 8 NB Left * EB Left Thru Thru. Right * Right Peds Peds SB Left WB Left Thru Thru Right Right Peds Peds EB Right NB Right' WB Right SB Right Green 6.0A Green 6.OA 36.OA Yellow /AR 4.0 Yellow /AR 4.0 4.0 Cycle Length: 60 secs Phase combination order: #1 #5 #6 Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: Mvmts Cap Flow Ratio Ratio Delay LOS Delay LOS NB L 206 1770 0.203 0.117 15.6 C 19.6 C R 185 1583 0.633 0.117 21.1 C EB TR 3428 5558 0.441 0.617 4.0 A 4.0 A ' WB L 330 1770 0.548 0.783 4.3 A .1.6 A T 4377 5588 0.270 0.783 1.2 A Intersection Delay - 3.7 sec /veh Intersection LOS = A Lost Time /Cycle, L 9.0 sec Critical v /c(x) = 0.527 -t--j v�U, u4V HCK: SIGNALIZED INTERSECTION SUMMARY Version 2.4f 06 -13 -1999 Kimley -Horn And Associates, Inc. Streets: (N -S) East Driveway (E -W) Northlake Boulevard Analyst: KHA File Name: EAMFUT2.HC9 Area Type: other 6 -11 -99 AM Peak Comment: Buildout Conditions, Sunday AM Peak Northbound Southbound Eastbound Westbound L T R L T R L T R L T R No. Lanes 0 0 1 0 0 0 0 3 0 0 3 0 Volumes 130 1259 1022 Lane W. (ft) 12.0 12.0 12.0 RTOR Vols 0 0 0 Lost Time 3.00 3.00 3.00 ------------------------------------ — --------------------------------- Signal operations Phase Combination 1 2 3 4 5 6 7 8 NB Left EB Left Thru Thru Right Right Peds Peds ` SB ;Left WB Left Thru Thru Right Right Peds Peds EB Right NB Right WB Right SB. Right .Green Green 11.0A 41.OA Yellow /AR Yellow /AR 4.0 4.0 Cycle Length: 60 secs Phase combination order: #5 #6 Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: M'Mts Cap Flow Ratio Ratio Delay LOS Delay LOS - NB R - 317 1583 0.433 0.200 14.2 B 14.2 8 EB T 3912 5588 0.373 0.700 2.4 A 2.4 A WB T 5309 5588 0.223 0.950 0.1 A 0.1 A' Intersection Delay - 2.0 sec /veh Intersection LOS = A Lost Time /Cycle, L -- 6.0 sec Critical v /c(x) = 0.386 1 c 2,-Z June 24, 1999 June 30, 1999 July 2, 1999 August 2, 1999 ORDINANCE 34 , 1999 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 FELLOWSHIP" 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 Beach Gardens, Florida, approves an 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 increasein 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 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 576 seats, and an affidavit shall be submitted to the City by the petitioner affirming that the seating has been reduced to 576. (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: i . June 7, 1999 Existing South Campus Site Plan, Glen Pate & Associates, Sheet SP 1.0 2. August 5, 1999 Future Phase 2 Site Plan, Glen Pate & Associates, Sheet SP 1.0 SECTION 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 1999 PLACED ON SECOND READING THIS DAY OF 1999 INTRODUCED, PASSED, AND ADOPTED THIS DAY OF 1999 JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. CITY ATTORNEY BY: VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO _ COUNCILMAN JABLIN _ COUNCILMAN CLARK g/ hori: spMlor.doc; /jn& jl 6 -09 -1997 0:ASAM ;FROM 1ST UNITED BANK S61 691 132 ., ± 6-09 -1997 1 : 17PM �. Si ! ST UNITEt7 SAW LW 1 407 433 N Maim IMI • - ORS 6679 P9 8 02 - • • PARCEL 1 i A parcel of land lying and being In the Northeazt Qvarttt! of 5eatton�23� ?own0ty 42 SoVth. ttat�Qe II Eats, PW�Sfi 8teeh County. Plorida, aoro partiCularly described as* foltawc: trove the W:ort.htsst .*cation corner of easd Stetson 21. 1Townih$P 42 South. Mange Ix Easts thwatt: 5ovth 00 "gVets. 03 Hinutec, e,6 Seconds 'Wiest along the snot tint of said Scction-230 a distance . of 107.0 rtet to a point lying On the SOU ACM Right-of-way lint of Lake Park !test 'toad as now Isid out and in utt; thence Nett along said Coother" Right -of -Kay tine a distance of 1606.00 feet to- tht 'point of begirt" "q arcs the liarthcast t:orbor of tho hcretnattar 4 *4cr1bed parcels .vNerKt coetinut wgVt along said I Southeriv R1oc4f -vay lint a distance of n6.40 tort to a.pointl thence South a'dittance of SS4.09 Lest to a points thence Last a dirtanea of 15$.46 test to a Poit:t of Curve Concave to the tWortbvtst: tlrthCa Northerly and Ctf%fr31 along tho are of *Aid curve, having a radius of Soo feet ar4 a central any$e of 35 Oegrers. 0 Hinntwa 14. Eecands• a distance of 351.:3 fete to a POtnt r twenet storth w distance of 154.6S suet to tht P010t Ot btQsn4la9. Lacs the Sovth $O feet thereof for canal Rigs►z -•of-Kay as conveyod by Right -ot -Kay Decd recorded io Official ltecard aooic 1Et1, Page 211, and t.esa she north 30 feet thereof ss eonvtytd by 'tight -of- ww y OV94 r :carded in Official 1<vavr4 Book •171, rago.II53. PAACt i. 1i Lot in "Nor 114Cl.0M' part of unrecorded plat of 110FSf.SX0E ACRES •err particularly daaeri>sa1 as foliawat comseneinq at the NOrthvest eorhtr of thq t•at ha]t of Section 23 In Township 42 South, A"Ve 42 Usto Vale► Stacb County, ricridas • thenCt 5ovth a10n4 the :seat lihe of Said Ssst half Of Section 23 Of th asauhtd bearirq South 0 degrees, 01 sttndtes, 53 Sleondi 'test a distance of 107.45 feet to w point in the South Riq ?.t -of- way Iine of Lakt 9azk Vest Road1 thence at bearing dap Last alohq said. Right- ofpNay ItAt a 41it*A46 Of $67.96 ftlt to th* lror%Avect corner of Ov parcel eoaeribed h cvla and the aoittt of Segianinq} tht-not continua at bearthy due Last a diatattcfe 15o feet to : points thenCt At be6riaq due South a distance SOO teat to & point sn the North Right -of -star line at Cana$ No. Is thence at bearing dve hest along the said Right -of -way line a distance, 350 feet to a Point: thence Kt bEarinq dve North a distance soo ftet to the Polat of ae9innins. Less the north 20 fast thRrtv( as eonYeycd to Right -of -way W)ecd recorded in Olfieial Record Boak 4171, Pagt 1 2S3. r�ltISIr A* P. 4 P. 4 • �CORd�rfatl�f0 .+.v.w•.�.tee�e.. R...UJB£AGaCOeMt�tr•FUl CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: 8/19/99 Date ]Prepared: 7/21/99 Ordinance #38 - Curfew Enforcement for Minors Subject /Agenda Item: Approval of Ordinance #38 regulating juvenile curfew Recommendation/Motion: Reviewed by: Originating Dept.: Police Costs: S 0 Council Action: Total City Attorney ( ] Approved Finance [ ] Approved w/ conditions Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: ( J Operating Paper: [ ] Other Ordinance #38 Chief s report on curfews Curfew ordinance from Dallas Curfew ordinance from Charlottesville, Virginia [ X ] Not Required Juvenile activity in PBG,1998 y. J d l Director Affected parties [ X ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ ] Not required BACKGROUNg: July 21, 1999 . a e ORDINANCE 38, 1999 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS PROVIDING FOR THE REGULATION OF THE PRESENCE OF MINORS IN CERTAIN PUBLIC PLACES AND ESTABLISHMENTS DURING CERTAIN HOURS; PROVIDING DEFINITIONS; PROVIDING, PROCEDURES FOR TAKING MINORS INTO CUSTODY; PROVIDING FOR A LEGAL DUTY OF PARENTS; PROVIDING EXCEPTIONS; PROVIDING FOR PENALTIES FOR VIOLATIONS OF THIS ORDINANCE BY MINORS AND /OR PARENTS; PROVIDING FOR SEVERABIL-•ITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, there has been a steady increase in the number of juveniles congregating in public places and creating disturbances in the City of Palm Beach Gardens; and WHEREAS, the City Council finds that this ordinance is enacted in recognition of the peculiar vulnerability of juveniles as well as their frequent inability to make critical decisions in an informed, mature manner; and WHEREAS, the City Council finds that increasing juvenile delinquency and juvenile criminal activity presents a clear and present danger to the citizenry, and to the public order and safety; and WHEREAS, it is the responsibility of government to prevent crime, delinquency, and juvenile victimization whenever and wherever it is foreseeable; and WHEREAS, the City Council seeks to promote the health, safety and general welfare of its citizens; and WHEREAS, the City Council finds that the protection of juveniles from harm constitutes a compelling governmental interest; ORDINANCE 38, 1999 PAGE 2 WHEREAS, the City Council is authorized to adopt this ordinance pursuant to the provisions of sections 877.20- 877.25 Florida Statute (1997). NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PALM BEACH GARDENS: Section 1. CHAPTER 62 OF THE CITY CODE OF PALM BEACH GARDENS, FLORIDA IS AMENDED AS FOLLOWS: Chapter 62. Article VII Section 62 — xx. Definitions For purposes of this article, the words and phrases that follow shall have the meaning ascribed to them as follows: (1) "Emergency" means an unforeseen combination of circumstances which results in a situation that requires immediate attention to care for or prevent serious bodily injury, loss of life, or significant property loss. The term includes, but is not limited to, a fire, a natural disaster, or an automobile accident. (2) "Establishment" means a privately owned place of business to which the public is invited, including, but not limited to, a place of amusement or a place of entertainment. (3) "Minor" means any person under 16 years of age. (4) "Parent" means a person who has legal custody of a minor as a: (a) Natural or adoptive parent. (b) Legal guardian. (c) Person who stands in loco parentis to the minor. (d) Person who has legal custody of the minor by order of the court. (5) "Public place" means a place to which the public has access, including, but not limited to, streets, highways, public parks, and the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities, and shops. (6) "Remain" means to stay unnecessarily in a particular place. Section 62 — xx. Curfew for minors. A minor may not be or remain in a public place or establishment between the hours of 11:00 p.m. and 5:00 a.m. of the following day, Sunday through Thursday, except in the case of a legal holiday. ORDINANCE 38, 1999 PAGE 3 (2) A minor may not be or remain in a public place or establishment between the hours of 12:01 a.m. and 6:00 a.m. on Saturdays, Sundays, and legal holidays. (3) A minor who has been suspended or expelled from school may not be or remain in a. public place, in an establishment, or within 1,000 feet of a school during the hours of 9:00 a.m. to 2:00 p.m. during any school day. Section 62 — xx. Enforcement. (1) A minor who violates this section shall receive a written warning for her or his first violation. A minor who violates this section after having received a prior written warning is guilty of a civil infraction and shall pay a fine of $50 for each violation. (2) If a minor violates a curfew and is taken into custody, the minor shall be transported immediately to a police station or to a facility operated by a religious, charitable, or civic organization that conducts a curfew program in cooperation with the city's police department. After recording pertinent information about the minor, the city's police department shall attempt to contact the parent of the minor and, if successful, shall request that the parent take custody of the minor and shall release the minor to the parent. If the city's police department is not able to contact the minor's parent within 2 hours after the minor is taken into custody, or if the parent refuses to take custody of the minor, the city's police department may transport the minor to her or his residence or proceed as authorized under part III of chapter 39 "of F.S.S. Section 62 — xx. Legal duty of parent; penalty: (1) The parent of a minor has a legal duty and responsibility to ensure that the minor does not violate this ordinance. (2) The parent of a minor has a legal duty and responsibility to personally supervise, or arrange for a responsible adult to supervise, the minor so that the minor does not violate this ordinance. (3) The parent of a minor who knowingly permits the minor to violate this ordinance shall receive a written warning for a first violation. A parent who knowingly permits the minor to violate this ordinance after having received a prior written warning is guilty of a civil infraction and shall pay a fine of $50 for each violation. ORDINANCE 38, 1999 PAGE 4 Section 62 — xx. Exceptions This article shall not apply to a minor who is: (1) Accompanied by his or her parent or by another adult authorized by the minor's parent to have custody of the minor. (2) Involved in an emergency or engaged, with his or her parent's permission, in an emergency errand. (3) Attending or traveling directly to or from an activity that involves the exercise of rights protected under the First Amendment of the United States Constitution. (4) Going directly to or returning directly from lawful employment, or who is in a public place or establishment in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged. (5) Returning directly home from a school - sponsored function, a religious function, or a function sponsored by a civic organization. (6) On the property of, or on the sidewalk of, the place where the minor resides, or who is on the property or sidewalk of an adult next -door neighbor with that neighbor's permission. (7) Engaged in interstate travel or bona fide intrastate travel with the consent of the minor's parent. (8) Attending an organized event held at and sponsored by a theme park or entertainment complex as defined in s.509.013(9). Section 2. This ordinance is adopted pursuant to the provisions of sections 877.20 — 877.25 and by authority granted by section 877.25 Florida Statute (1997). Section 3. Should any section, word, sentence, paragraph of this ordinance be determined by a court of competent jurisdiction to be invalid, illegal, unenforceable, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. Section 4. The City Council hereby authorizes the City Clerk to codify the contents of this ordinance as part of the City Code of Ordinances. Section 5. This ordinance shall be effective upon adoption. ORDINANCE 38, 1999 PAGE 5 PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF 1999. 1999. 1999. JOSEPH R. RUSSO, MAYOR LAUREN FURTADO, VICE MAYOR ERIC JABLIN, COUNCILMAN DAVID CLARK, COUNCILMAN CARL SABATELLO, COUNCILMAN ATTEST: APPROVED AS TO LEGAL LINDA V. KOSIER, CMC, CITY CLERK FORM AND SUFFICIENCY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO CITY ATTORNEY AYE NAY ABSENT PALM BEACH GARDENS POLICE DEPARTMENT Office of the Chief of Police TO: Bobbie Herakovich, City Manager FROM: Chief James O. FitzGerald (4E) DATE: July 22, 1999 SUBJECT: Juvenile Curfew Traditionally, the determination of a minor's curfew as been considered to be a family_ issue, within the parental purview, rather than a matter to be determined by government. Nevertheless, public curfews have been enacted and enforced throughout the nation's history in reaction to increased juvenile delinquency, decreased parental supervision, and other social trends. Recent increases in juvenile crime and victimization have prompted local communities in many states to once again consider evening curfews (e.g., from 11 p.m. to 6 a.m. on school days) as a viable means to enhance the safety of the community and its children. Although most curfew ordinances apply to juveniles under 16 year of age, some include ages 16 and 17. This report explores developments in curfew ordinances and legal issues related to curfews. In a recent study of curfew ordinances in the 200 largest U.S. cities, there has been a dramatic surge in curfew legislation during the first half of the 1990's. Of the 200 cities surveyed, 93 (47 %) had curfews in effect on January 1, 1990. Between January 1990 and the spring of 1995, an additional 53 of these 200 cities (27 %) enacted juvenile curfew ordinances, bringing the total of those with curfew laws to 146 (73 %). During the same period, 37 of the 93 cities with an existing curfew ordinance revised that legislation. Leqal Challenqes The question of curfews has raised a variety of legal issues and divided numerous communities. Differences in opinion have led individuals and civil rights organizations in many communities to challenge the legality of juvenile curfew ordinances. The American Civil Liberties Union (ACLU), the most vocal opponent, has challenged the constitutionality of juvenile curfew ordinances in jurisdictions across the country, either directly or by providing assistance to individuals who wish to test such laws in court. The City of Palm Beach Gardens had a curfew ordinance on the books until we revised our codes in 1996, at which time it was deleted. Municipal Code Corporation, who was hired to do the revision, stated that "the curfew section was deleted because a similar curfew had been declared unconstitutional in Florida. However, a curfew has been upheld by the Supreme Court in a recent Dallas ordinance and Florida state law provides for guidelines for establishing curfews for minors which may be adopted by the city." This Florida State Statute is 877.22 Legal challenges to the constitutionality of curfew ordinances are most often based on the 1st, 4th, Stn, 91 , and 14th Amendments to the U.S. Constitution. The First Amendment guarantees the right to freedom of speech, religion, and peaceful assembly. The Fourth Amendment protects persons against unreasonable searches and seizures and has been interpreted to include protection against unreasonable stopping and detainment of individuals. The Fifth Amendment guarantees citizens the right to due process under the law. The Ninth Amendment has been interpreted to include a right to privacy, including the right to family autonomy. The Fourteenth Amendment protects persons against the deprivation of their liberty without due process of law and includes the right to travel, which is embodied in the privileges and immunities clause. In 1975, the first federal case concerning the constitutionality of juvenile curfews was heard by the U.S. District Court for the Middle District of Pennsylvania. In Bykofsky v. Borough of Middletown, the-court upheld a juvenile curfew that was challenged on the grounds that it violated juveniles' 1st and 14th Amendment rights and encroached upon parents' rights to raise their children, which is embodied in the 9t' Amendment and in the due process and equal protection clauses of the 14th Amendment. In its opinion, the court found that the regulations on juveniles' 14th Amendment due process rights were "constitutionally permissible ". The court further declared that the curfew ordinance did not suppress or impermissibly regulate juveniles' right to freedom of speech or parents' rights to raise their children as they saw fit. The court stated, "The parents' constitutionally protected interest, which the ordinance infringes only minimally, is outweighed by the Borough's interest in protecting immature minors...." Fourteen years later, 1989, Simbi Waters challenged a juvenile curfew ordinance in the District of Columbia on the grounds that it violated her First, Fourth, and Fifth Amendment rights. The U.S. District Court for the District of Columbia, in Waters v. Barry, found the juvenile curfew law to be unconstitutional on the grounds that it violated the First and Fifth Amendment rights of juveniles in the District: "The right to walk the streets, or to meet publicly with one's friends for a noble purpose or for no purpose at all — and to do so whenever one pleases, is an integral component of life in a free and ordered society". However, the court did not find that the curfew violated the Fourth Amendment right of District juveniles: "So long as the officer could reasonably have believed that the individuals looked young, the search, seizure or arrest would take place on the basis of probably cause and no Fourth Amendment violation would occur." Although the District Court invalidated this particular curfew, in July 1995 the District of Columbia enacted another juvenile curfew ordinance modeled after one enacted in Dallas, Texas, that had survived constitutional scrutiny by the U.S. Court of Appeals for the Fifth Circuit in 1993. The seminal issue of the State's authority to restrict the constitutional rights of minors is consistently raised in juvenile curfew cases. In the Bykofsky case cited previously, the court held that "The conduct of minors may be constitutionally regulated to a greater extent than those of adults." The U.S. Court of Appeals for the Fifth Circuit, in upholding the Dallas curfew, applied the reasoning of the Supreme Court 'of the United States in Hodgson v. Minnesota, which held that a parental notification requirement of the State's abortion statute passed constitutional muster because states have... "a strong and legitimate interest in the welfare of (their), young citizens, whose immaturity, inexperience, and lack of judgment may sometimes impair their ability to exercise their rights wisely." 4 The Strict Scrutiny Test In order to pass constitutional muster, laws that impinge on fundamental constitutional rights must pass a two- pronged strict scrutiny test that requires jurisdictions to (1) demonstrate that there is a compelling state interest and (2) narrowly tailor the means to achieve the law's objective. The Dallas curfew provides an excellent example of an ordinance that has been held by a federal court to satisfy both prongs of the strict scrutiny test. The Dallas City Council adopted its curfew ordinance in 1991, after hearings that included testimony on increased incidences of late -night juvenile violence. Challenged by the ACLU the Dallas' curfew ordinance was upheld in 1993 by the U.S. Court of Appeals for the Fifth Circuit in Qutb v. Strauss. The Fifth Circuit held that the Dallas curfew satisfied the strict scrutiny test because the city had demonstrated a compelling state interest in reducing juvenile crime and victimization and because the ordinance was properly aimed, that is, narrowly tailored to "... allow the city to meet its stated goals while respecting the rights of the affected minors." A subsequent appeal was refused by the Supreme Court of the United States without comment in May 1994. However, this ruling neither guarantees protection from future constitutional legal challenges to curfews in other circuits under the provision of the U.S. constitution or state constitutions, nor forecloses challenges based on unconstitutional grounds. If Palm Beach Gardens chooses to re -enact a curfew ordinance, then it is necessary to examine how Dallas laid the groundwork to pass the strict scrutiny test. Dallas provided statistical information which included: • Juvenile delinquency increases proportionally with age between the ages of 10 and 16 years • In 1989, Dallas recorded 5,160 juvenile arrests, and in 1990, 5,425 juvenile arrests The most likely time for the occurrence of murders by juveniles was between 10:00 p.m. and 1:00 a.m. in a public place. • Aggravated assaults by juveniles were most likely to occur between 11:00 p.m. and 1:00 a.m. • Rapes were most likely to occur between 1:00 a.m. and 3:00 a.m., with 16% occurring in a public place • Thirty -one percent of robberies occurred on public streets The court relied on these data in holding that the City of Dallas provided sufficient evidence to establish that the ordinance was in keeping with the state's compelling interest in reducing juvenile crime and victimization. Second, the Dallas legislation was narrowly tailored to address the specific needs enumerated by the jurisdiction by the least restrictive means possible. The Dallas curfew was applied to youth under the age of 17 and was in effect from'11:00 p.m. through 6:00 a.m., Sunday through Thursday and midnight to 6:00 a.m. Friday and Saturday. The statue exempted juveniles who were: 3 • Accompanied by an adult • Engaged in activities related to interstate commerce or protected by the 1s' Amendment • Traveling to or from work • Responding to an emergency • Married • Attending a supervised school, religious, or recreational activity In 1998 another curfew was upheld by the Fourth U.S. Circuit Court of Appeals. That curfew was enacted by the City of Charlottesville, Virginia. In Schliefer v. City of Charlottesville, Virginia, No. 97 -1723 (Fourth U.S. Circuit Court of Appeals, Oct. 20, 1998), the court found the curfew materially assisted important and compelling legislative goals: "The Charlottesville curfew serves not only to head off crimes before they occur, but also to protect a particularly vulnerable population from being lured into participating in such activity. Contrary to the dissent's protestation, we do not hold that every such curfew ordinance would pass constitutional muster. The means adopted by a municipality must bear a substantial relationship to significant governmental interests; the restrictiveness of those means remains the subject of judicial review. As the District Court noted, however, the curfew law in Charlottesville is "among the most modest and lenient of the myriad curfew laws implemented nationwide." Charlottesville's curfew, compared to those in other cities, is indeed a mild regulation: it covers a limited age group during only a few hours of the night. Its various exceptions enable minors to participate in necessary or worthwhile activities during this time. We hold that Charlottesville's juvenile curfew ordinance comfortably satisfies constitutional standards." Other challenges to juvenile curfews have been based on the concepts of vagueness and overbreadth. A statute is void for vagueness if it is too general and its standards result in erratic and arbitrary application based on individual impressions and personal predilections. A statute that broadly restricts fundamental liberties when less restrictive means are available may be void on the grounds of overbreadth. Therefore, when constructing juvenile curfew ordinances, in addition to considering constitutional issues that involve fundamental rights, jurisdictions should ensure the legislation is both precise in its language and limited to necessary restrictions. In addition to constitutional and structural challenges to juvenile curfews, we need to also bear in mind the core requirement of the Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974 which addresses the deinstitutionalization of status offender and non - offender juveniles (DSO). In general, this JJDP Act core requirement prohibits a status offender (i.e., a juvenile who has committed an offense that would not be a crime if committed by an adult, such as truancy or curfew violations) or non - offender (i.e., a dependent or neglected child) from being held in secure detention or confinement. 4 Status and non - offender juveniles cannot be detained or confined in an adult jail or lockup for any length of time. To comply with the DSO core requirement of the JJDP Act Formula Grants Program, and to reduce the burden on police, Dallas and many other cities have established comprehensive, community -based curfew programs that provide local sites, such as community and recreation centers, where police officers can bring curfew violators for temporary detention pending release to their parents or other appropriate disposition. These sites provide an atmosphere conducive to investigation, processing, pre - release counseling, and planning for appropriate follow up services. Curfew ordinances may have an effective impact on late evening crime. However, curfews are also intended to protect youth from becoming victims of crime and encouraging parental control and responsibility for their minor children and protect juveniles from victimization and exposure to criminal activity. If Palm Beach Gardens re- enacts a curfew ordinance, it must be in the context of a comprehensive, community -based program, designed to protect both the community and the juvenile from victimization and to serve as a constructive intervention against developing patterns of delinquency. The Police Department was not tracking some of the statistical data relative to curfew criteria and this is why it took some time to assemble it. That data is also included in this report for your review. I requested a report from Chief Kelly of the Palm Beach County School District Police concerning the number of suspended students in the Palm Beach Gardens area. I received a rather lengthy computer printout listing those students by zip code data. Those are reflected in the attached report and include 33410 and 33418. We do not have any data on how many suspended students have been arrested in our city while on suspension. Of course, there may be other suspended students who live outside the Palm Beach Gardens zip code area who visit us while suspended and commit crimes. We will continue to encourage the School Board to implement some type of in- school suspensions (i.e., suspended from normal classes but housed at some school facility). Naturally, our city does not have the serious juvenile crime statistics as those of Dallas, Texas, but I don't believe we want to wait for that level of juvenile crime and /or victimization before we attempt preventative measures. I believe that in Palm Beach Gardens we have two major goals in the implementation of a curfew and those are: 1) The prevention of juveniles from becoming victims of crime or becoming involved in criminal activity, and 2) The quality of life issue for our residents Our data shows us that during the proposed curfew hours our juvenile trouble calls almost double. That indicates to me that there are twice as many juveniles creating disturbances in our neighborhoods, which has a detrimental effect on our citizens' quality of life. It also seems to show that these young people are more likely to become either victims or perpetrators of criminal activity. I have worked with curfews over my many years in law enforcement and believe them to be an effective tool to prevent crime and to encourage more parental involvement in the supervision of children. An excellent example of this philosophy is the effectiveness of our Truancy Interdiction Program, which directly involves the parents and the schools. I am attaching a proposed draft of a curfew that mirrors the Florida State Statute (F.S. 877.22) and covers suspended students as well as other juvenile curfew concerns. lam recommending the implementation of same. JOF /amm Attachments cc: Richard Diamond, Asst. City Mgr. Dennis O'Rourke, Asst. Police Chief n July 21, 1999 Q0 O ORDINANCE , 1999 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS PROVIDING FOR THE REGULATION OF THE PRESENCE OF MINORS IN CERTAIN PUBLIC PLACES AND ESTABLISMENTS DURING CERTAIN HOURS; PROVIDING PROCEDURES FOR TAKING MINORS INTO CUSTODY; PROVIDING EXCEPTIONS AND DEFENSES UNDER CERTAIN CIRCUMSTANCES AND PROVIDING FOR PENALTIES FOR VIOLATIONS OF THIS ORDINANCE BY MINORS AND /OR PARENTS. WHEREAS, there has been a steady increase in the number of juveniles congregating in public places and creating disturbances; and WHEREAS, the City Council finds that this ordinance is enacted in recognition of the peculiar vulnerability of juveniles as well as their frequent inability to make critical decisions in an informed, mature manner, and WHEREAS, the City Council finds that increasing juvenile delinquency and juvenile criminal activity presents a clear and present danger to the citizenry, and to the public order and safety; and WHEREAS, it is the responsibility of government to prevent crime, delinquency, and juvenile victimization whenever and wherever it is foreseeable; and WHEREAS, the City Council seeks to promote the health, safety and general welfare of its citizens; and WHEREAS, the City Council finds that the protection of juveniles from harm constitutes a compelling governmental interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PALM BEACH GARDENS: ORDINANCE , 1999 PAGE 2 THE CITY CODE OF PALM BEACH GARDENS, FLORIDA IS AMENDED AS FOLLOWS: Section. Curfew hours for minors: a. Definitions As used in this ordinance the words and phrases that follow shall have the meaning ascribed to them as follows: (1) "Emergency" means an unforeseen combination of circumstances which results in a situation that requires immediate attention to care for or prevent serious bodily injury, loss of life, or significant property loss. The term includes, but is not limited to, a fire, a natural disaster, or an automobile accident. (2) "Establishment" means a privately owned place of business to which the public is invited, including, but not limited to, a place of amusement or a place of entertainment. (3) "Minor" means any person under 16 years of age. (4) "Parent" means a person who has legal custody of a minor as a: (a) Natural or adoptive parent. (b) Legal guardian. (c) Person who stands in loco parentis to the minor. (d) Person who has legal custody of the minor by order of the court. (5) "Public place" means a place to which the public has access, including, but not limited to, streets, highways, public parks, and the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities, and shops. (6) "Remain" means to stay unnecessarily in a particular place. b. Violations Minors prohibited in public places and establishments during certain hours; penalty; procedure: (1) (a) A minor may not be or remain in a public place or establishment between the hours of 11:00 p.m. and 5:00 a.m. of the following day, Sunday through Thursday, except in the case of a legal holiday. (b) A minor may not be or remain in a public place or establishment between the hours of 12:01 a.m. and 6:00 a.m. on Saturdays, Sundays, and legal holidays. (2) A minor who has been suspended or expelled from school may not be or remain in a public place, in an establishment, or ORDINANCE, 1999 PAGE 3 within 1,000 feet of a school during the hours of 9:00 a.m. to 2:00 p.m. during any school day. (3) A minor who violates this section shall receive a written warning for her or his first violation. A minor who violates this section after having received a prior written warning is guilty of a civil infraction and shall pay a fine of $50 for each violation. (4) If a minor violates a curfew and is taken into custody, the minor shall be transported immediately to a police station or to a facility operated by a religious, charitable, or civic organization that conducts a curfew program in cooperation with a local law enforcement agency. After recording pertinent information about the minor, the law enforcement agency shall attempt to contact the parent of the minor and, if successful, shall request that the parent take custody of the minor and shall release the minor to the parent. If the law enforcement agency is not able to contact the minor's parent within 2 hours after the minor is taken into custody, or if the parent refuses to take custody of the minor, the law enforcement agency may transport the minor to her or his residence or proceed as authorized under part III of chapter 39 of F.S.S. Legal duty of parent; penalty: (1) The parent of a minor has a legal duty and responsibility to ensure that the minor does not violate this ordinance. (2) The parent of a minor has a legal duty and responsibility to personally supervise, or arrange for a responsible adult to supervise, the minor so that the minor does not violate this ordinance. (3) The parent of a minor who knowingly permits the minor to violate this ordinance shall receive a written warning for a first violation. A parent who knowingly permits the minor to violate this ordinance after having received a prior written warning is guilty of a civil infraction and shall pay a fine of $50 for each violation. Defenses/Exceptions This ordinance does not apply to a minor who is: (1) Accompanied by his or her parent or by another adult authorized by the minor's parent to have custody of the minor. ORDINANCE , 1999 PAGE 4 (2) Involved in an emergency or engaged, with his or her parent's permission, in an emergency errand. (3) Attending or traveling directly to or from an activity that involves the exercise of rights protected under the First Amendment of the United States Constitution. (4) Going directly to or returning directly from lawful employment, or who is in a public place or establishment in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged. (5) Returning directly home from a school - sponsored function, a religious function, or a function sponsored by a civic organization. (6) On the property of, or on the sidewalk of, the place where the minor resides, or who is on the property or sidewalk of an adult next -door neighbor with that neighbor's permission. (7) Engaged in interstate travel or bona fide intrastate travel with the consent of the minor's parent. (8) Attending an organized event held at and sponsored by a theme park or entertainment complex as defineddn s.509.013(9). ORDINANCE 1999. PAGE 5 INTRODUCED, PASSED, AND ADOPTED THIS DAY OF JULY 1999. JOSEPH R RUSSO, MAYOR LAUREN FURTADO, VICE MAYOR ERIC JABLIN, COUNCILMAN DAVID CLARK, COUNCILMAN CARL SABATELLO, COUNCILMAN ATTEST: APPROVED AS TO LEGAL LINDA V. KOSIER, CMC, CITY CLERK FORM AND SUFFICIENCY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SARATELLO CITY ATTORNEY AYE NAY ABSENT I'IUIV1l.lYHL 18El.VUC wi �c 77 IJ.J -r nv.wv v� EDITORIAL POST CONFERENCE MEMORANDUM PALM BEACH GARDENS, FLORIDA TO: Thomas J. Baird, City Attorney FROM: Alyce A. Whitson, Municipal Code Corporation SUBJECT: Editorial Post Conference Memorandum of Substantive Changes of the Code of Ordinances, City of Palm Beach Gardens, Florida DATE: August 21, 1996 The following memorandum specifies the major substantive changes, in the City .of Palm Beach Gardens Code discussed at the editorial conference and those changes made pursuant to subsequent correspondence or as mandated by state law. Not included as substantive changes were the deletion of sections revised by later enactments, the general repealer clause, penalty clause and severability clause of each ordinance. As agreed upon at the conference the general penalty in chapter. I of the proposed Code will apply. over any specific penalty passed in any ordinance and will apply to the entire proposed Code unless otherwise specified. Ordinances adopted through number 27 -1995, adopted on September Z8, 1995, and the 1985 Code have been used as the basis for this codification. Where it was deemed necessary, ordinances, code provisions and portions thereof were rearranged and are split out in the new Code. Spelling, 1gammatical and diction errors have been corrected without notation. The franchises of the c.ty will not be printed in the new Code. The Charter will be printed as part I of this volume. The land development regulations will be included, as part H, subpart B, as it appears in the most recent supplement of the 1985 Code. The Code will be prepared and arranged by subject, alphabetically by chapter, substantially the same as that presented at the conference in'the tentative table of contents. The term "city tax collector" will be changed to just "City." All fees will be placed on file in the city clerk's office and will be deleted from the Code. AU other changes will be as indicated in the following sections of this memorandum. �J/ 1G 77 1.>:.D4 NV. -:100 US SECTION NUMBER COMMENT REFERENCE 134.11 This section on curfews will be deleted as it is of F.S. § 877.22 et questionable validity as a similar curfew law has been seq. declared unconstitutional in Florida. However, a curfew has been upheld by the Supreme Court in a recent Dallas ordinance and the state law provides for guidelines for establishing curfews for minors which may be adopted by the city. 134.12 This section on falsely impersonating a police office F.S. § 843.08 will be deleted as adequately covered by the state law: 134.13 This section on resisting an officer will be deleted as F.S. §§ 843.01, adequately covered by the state law. 8.43.02 134.14 This section on escape. from custody or confinement F.S. §§ 843. 1.1 et will be deleted as adequately covered by the state law, seq. 134.15 This section on assisting in escape will be deleted as F.S. §§ 843.12 et adequately covered by the state law: seq. Chapter 135. Weapons Control 135.01 This section on possession of weapons will be deleted F.S. Ch. 790 as the state. has preempted the regulation of sale, possession and transportation of firearms and this section should have been deleted. l3 5.02 This section on concealed weapons has been F.S. § 790.052 preempted . by the state and this section will be deleted. 135.03 This section on sale of weapons has been preempted F.S. Ch. 790 by the state and will be deleted. 135.04 This section on forfeiture of weapons will be deleted F.S. Ch. 790 as the state has preempted for a number of years the regulation of weapons. 17 18 Palm Beach Gar+-ie?±s - Genenl Olfanmw $ 134.10 AIRCRAFT PERFORMING STUNTS ABOVE, AND LANDING WITHIN CITY PROHIBITED. (A) It shall be unlawful for any person to perform stunts or acrobatics in an airplane or other aircraft above the city. (B) It shall be unlawful for any person to land any airplane or other aircraft either lighter than air or heavier than air within the corporate limits of the city, except for an emergency, unless the City Council has given prior approval- (70 Code, § 17 -1) .(Ord. 15 -1969, passed 8- 25-69; Am. Ord. 12 -1973, passed 6- 1 -4 -73) Penalty, see § 134.99 v41 ` g 134.11 CURFEW FOR MINORS. (A) It Is a curfew violation for a child 13, 14, 15, 16, or 17 years of age to be in a public place: (1) Between 12:00 pm. and 5:00 a.m. on Saturday or Sunday; (2) After 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday; or (3) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday. (B) It is a curfew violation for a child under 13 years of age to be in a public place after 10:00 pm. or before S:00 a.m. on any day. (C) This section does not apply to a child who is: (1) Accompanied by his parent, guardian, or custodian; (2) Accompanied by an adult specified by his parent, guardian, or custodian; or (3) Participating in or returning from lawful employment or a lawful athletic, educational, entertainment, religious, or social event. (70 Code, §§ 17 -12, 17 -13) (Ord. 15 -1969, passed 8- 25-69) Penalty, see § 134.99 ¢ 134.18 FALSELY PERSONATING POLICE OFFICER OR OTHER CITY OFFICIAL. It shall be unlawful for any person to hold himself out as, or falsely to assume or impersonate himself to be, a police officer or firefighter of the city or any other city official or employee, or to assert falsely he has the authority or right to exercise the powers of any such officers or officials. ('70 Code, § 17 -25) (Ord. 15 -1969, passed 8- 25-69) Penalty, see § 134.99 Statutory rR "ce: Falsely personating an officer, see F.S. § 843.08 j 134.13 RESISTING OFFICER It shall be unlawful to resist any police officer, any member of the Police Department, or any person duly empowered with police authority while in the discharge or apparent discharge of his duty, or in any way to interfere with or hinder him in the discharge of his duty. ('70 Code, § 22 -20) Penalty, see § 134.99 Statutory t ree: Resisting officer, see F.S. §§ 843.01, 843.02 § 134.14 ESCAPE FROM CUSTODY OR CONFINEMENT. It shall be unlawful for a prisoner in the city jail or any other place where prisoners are confined, or otherwise in custody of and confined by the city, to escape, attempt to escape, assist others to escape, or attempt to escape from custody or confinement. ('70 Code, § 22 -22) Penalty, see § 134.99 4 134.18 ASSISTING IN ESCAPE. (A) It shall be unlawful to offer or endeavor to assist any person in the custody of a police officer, a member of the Police Department, or a person empowered with police authority, to escape or to attempt to escape from custody. ('70 Code, § 22 -21) (B) It shall be unlawful to make available to, present to, or place within the reach of any person confined under authority of the city, any intoxicating or malt liquors, or any tool, f nplement, or other thing calculated to aid in the escape of the person so confined or any other person confined under authority of the city; or to in any manner assist, aid, or attempt to assist or aid any person in the custody of or confined under the authority of the city to escape from jai, place of confinement, or custody. ('70 Code, § 22 -23) Penalty, see § 134.99 Sxataloq►�: .. Aiding in escape, see F.S. §§ 84311, 843.12 I c CITY OF DALLAS F£ ; I February 11, 1999 Chief James Fitzgerald Palm Beach Gardens Police Department 10500 N. Military Trail Palm Beach Gardens, FL 33410 Chief Fitzgerald, I have enclosed a copy of our Curfew Ordinance. The ordinance went into effect May 1994 and has not been changed since. This ordinance was challenged by the A.C.L.U. The U.S. Fifth Circuit Court of Appeals upheld our right to have the ordinance. I have also included this decision in the packet. The ordinance allows us to write citations to juveniles as well as parent/guardians or issue a Field Interrogation Report (FIR) to the juvenile instead of a citation. This decision is left up to the officers - discretion. There is no court or monetary fine associated with the FIR but it does go on the juveniles record. Our officers find that the curfew ordinance is an effective tool to help curb not only crime committed by juvenile, but also our number of crimes committed against juveniles has decreased. I have enclosed those statistics for you. Another item which I have enclosed in the packet is a "Roll Call Training Bulletin" which is issued by our academy. You might note in this bulletin that officers do not have to take the juvenile home, but may send them home instead. We leave quite a bit of discretion to our field officers. Hopefully the information provided in this package answers your question.. If you need any additional information, feel free to contact Sergeant J.A. Katz of the Youth and Family Crimes Division at (214) 670 -5382. Sincerely, BENNIE R. CLICK CHIEF OF POLICE .S. Muncy Deputy Chief of Police Youth and Family Crimes Division Dallas Police Department POLICE DEPARTMENT POLICE AND COURTS BUILDING DALLAS. TEXAS 75201 -5203 �CLJO�tl Memorandum 0 ��i a,TE November 22, 1993 CITY OF DALLAS ,o The Honorable Mayor and Members of the City Council SU JECT Teen Curfew Ordinance Outb, et al. v. Bartlett, et al. Appeal No. 92 -1707 This memorandum is to inform you that the United States Court of Appeals for the Fifth Circuit issued an opinion regarding the constitutionality of the Dallas Curfew Ordinance. As you may recall, in August 1992, the district court ruled that the curfew ordinance adopted by the City of Dallas was unconstitutional. On Friday, November 19, 1993, the Fifth Circuit reversed the district court's opinion and ruled in favor of the City of Dallas. The court concluded that the City demonstrated that the curfew ordinance furthers a compelling state interest, mainly protecting juveniles from the crime in the streets, and that the juvenile curfew ordinance enacted by the City of Dallas was r-onstit.utional. The Dallas City Council passed the juvenile curfew ordinance on June 12, 1991. The ordinance prohibits persons under seventeen years of age from remaining in a public place or establishment - from 11:00 p.m. until 6:00 a.m. on week nights, and from 12:00 o'clock midnight until 6:00 a.m. on weekends. Two weeks after the ordinance was passed, Elizabeth Qutb and three other parents filed suit - individually and as next friends of their teenage children - seeking a temporary restraining order and permanent injunction against enforcement of the juvenile curfew ordinance on the basis that the ordinance was unconstitutional: The case was tried on July 22 -23, 1991. The ordinance was not enforced pending the district court's decision on the merits. On July 12, 1992, the City of Dallas amended the curfew ordinance. In response to the revised ordinance, the Plaintiffs amended their complaint and filed an amended motion for permanent injunction against enforcement of the curfew. The district court held a second evidentiary hearing, where both parties presented additional evidence and arguments concerning the validity of. the revised ordinance. On August 10, 1992, the district court held that the curfew ordinance impermissibly restricted minors' first amendment right to associate, that it created impermissible classifications unfairly distinguished between minors and adults that could not withstand constitutional scrutiny, and permanently enjoined the enforcement of the curfew ordinance. s« 2tsr-04-019 -The Only Reason You And I Are Here Is To Serve The Ciumcns Of DaIIu" SUP-0 The Honorable Mayor and Members of the City Council November 22, 1993 Page Two This is a landmark decision, which has national implications. This is the first time a court at the federal circuit level has written a definitive and comprehensive decision addressing the constitutionality of juvenile curfews. Dallas is at the forefront nationally on this extremely important issue. The opinion by the Fifth Circuit will allow Dallas -to 'begin enforcing its curfew ordinance. Many cities have delayed enacting an ordinance until the court decided the constitutionality of our juvenile curfew ordinance. I have attached a copy of the opinion for your information and convenience. If you have any questions, please give me a call. Respectfully submitted, SAM A. LIND City Attorney Encs. _ c: John L. Ware, City Manager Cliff Keheley, First Assistant City Manager Levi Davis, Assistant City Manager Ted Benavides, Assistant City Manager A.C. Gonzalez, Assistant City Manager Mary Suhm, Assistant City Manager Ben Click, Chief of Police SAL:mk /4928F/1 -2 § 3132 0f5anses —MS v_- 0nAnAons § 31-33 SEC. 3133. CURFEW HOURS FOR MINORS. (a) Definitions. In this section: (1) CURFEW HOURS means: (A)r 11:00 pm. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and (B) 12:01 a.m. until 6:00 am. on any Saturday or Sunday. (2) EMERGENCY means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. (3) ESTABLISHMENT means any pri,6rately- owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment. (4) GUARDIAN means: (A) a person who, tinder court order, is the guardian of the person of a manor; or (B) a public or private agency with whom a minor has been placed by a court. (5) MINOR means any person under 17 years of age. (6) OPERATOR means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. (7) PARENT means a person who is: - (A) a natural parent, -adoptive parent, or step - parent of another person; or (B) at least 18 years of age and authorized by a parent or guardian to.have the care and custody of a minor. (8) PUBLIC PLACE means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities,- and shops. (9) REMAIN means to: (A) linger or stay, or (B) fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. (10) SERIOUS BODILY INJURY means bodily Injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. DaUu City Code 6193 13 § 31-33 Offenses-- Mocalt?gneous § 31-M (b) Offenses. (1) A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours. (2) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours. (3) The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours. (c) Defenses. (1) It is a defense to prosecution under Subsection (b) that the minor was: (A) accompanied by the minor's parent or guardian; (B) on an errand at the direction of the minor's parent or guardian, without any detour or stop; (C) in a motor vehicle involved in interstate travel; (D) engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (E) involved in an emergency; (F) on the sidewalk abutting the minor's residence or abutting the residence of a next - door neighbor if the neighbor did not complain to the police department about the minor's presence; (G) attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city of D?tlas, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city of Dallas, a civic organization, or another similar entity that takes responsibility for the minor; DaTta n Cff 14 (M exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of sprcch, and the right of assembly, or m married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the T--- Family Code., (2) It is a defense to prosecution under Subsection (b)(3) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. (d) jnforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and' reason for being in the public place.The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection (c) is present. (e) Penalties. (1) A person who violates a provision of this chapter is guilty. of a separate offense for each day or part of a day during which the violation is comnutted, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500. (2) When required by Section S1.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates Subsection (b)(1) of this section and shall refer the minor to juvenile court. (Ord. Nos. 20966; 21309) IN THE UNITED STATES COURT OF APPEALS ll..S. COORT OF. AppF,4Lc FOR THE FIFTH CIRCUIT F1 L E 0 No. 92 -1707 ELIZABETH QUTB, Individually and as next friend of Sabrina Qutb, ET AL., versus ANNETTE STRAUSS, Mayor of the City of Dallas, T%, ET AL., versus STEVE BARTLETT, Mayor of the City of Dallas, TB, ET Ate., NOV 19 1993 ARLIrS R HLBRUGE IIC CLERK Plaintiffs - Appellees, r Defendants, Defendants - Appellants. Appeal from the United States District Court for the Northern District of Texas Before RING and JOLLY, Circuit Judges, and PARKER, District Judge.' E. GRADY JOLLY, Circuit Judges This appeal presents a challenge to the constitutionality of a nocturnal juvenile curfew ordinance enacted by Dallas, Texas. The ordinance makes it a misdemeanor for persons under the age of seventeen to use the city streets or to be present at other public 'Chief Judge of the Eastern District of Texas, sitting by designation. places within the city between certain hours.' Several plaintiffs brought suit against the city to strike down the ordinance. The district court ruled for the plaintiffs, holding that the ordinance violated both the United States and the Texas Constitutions, and permanently enjoined enforcement of the .ordinance. The city appeals. Because we conclude that this ordinance does not violate the United States or Texas Constitutions, we reverse the district court. I On June 12, 1991, in response to citizens' demands for protection of the city's youth, the Dallas City Council enacted a I juvenile curfew ordinance. This ordinance prohibits persons under seventeen years of age' from remaining in a public place or establishment from :1 p.m. until 6 a.m. on week nights, and from 12 midnight until 6 a.m. on weekends. As defined by the ordinance, a "public place" is any place to which the public or a substantial group of the public has access, and includes streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. "Establishment" is defined as "any privately -owned place of business operated for a 'A copy of the ordinance is attached. All references to the ordinance concern the ordinance as it was amended in June 1992, unless otherwise stated. 'The ordinance does not apply to persons under the age of seventeen who are married, or who have been married, or who have had the disability of minority removed in accordance with Chapter 31 of the Texas Family Code. -2- profit to which the public is invited, including but not limited to any place of amusement or entertainment.• Although the ordinance restricts the hours when minors are allowed in public areas, the ordinance also contains a number of exceptions, or defenses. A person under the age of seventeen in a public place during curfew hours does not violate the ordinance if he or she is accompanied by a parent3 or guardian, or is on an errand for a parent or guardian. Likewise, minors would be allowed in public places if they are in a motor vehicle travelling to or from a place of employment, or if they are involved in employment related activities. Affected minors could attend school, r religious, or civic organizational functions - -or generally exercise their First Amendment speech and associational rights -- without violating the ordinance. Nor is it a violation to engage in interstate travel, or remain on a sidewalk in front of the minor's home, or the home of a neighbor. And finally, the ordinance places no restrictions on a minor's ability to move about during curfew hours in the case of an emergency. A minor violates the curfew if he or she remains in any public place or on the premises of any establishment during curfew hours, and if the minors' activities are not exempted from coverage. If 3Under the ordinance, the definition of "parent"" includes a person who is "a natural parent, adoptive parent, or step- parent of another person" and those persons who are "at least 18 years of age and authorized by a parent or guardian to have care and custody of a minor." MIC a minor is apparently violating the ordinance, the ordinance requires police officers to ask the age of the apparent offender, and to inquire into the reasons for being in a public place during curfew hours before taking any enforcement action. An officer may issue a citation or arrest the apparent offender only if the officer reasonably believes that the person has violated the ordinance and that no defenses apply. If convicted, an offending party is subject to a fine not to exceed $500.00 for each separate offense. Like minors who have violated the offense, a parent of a minor, or an owner, operator, or employee of a business r establishment is also subject to a fine not to exceed $500 for each separate offense. A parent or guardian of a minor violates the ordinance if he or she knowingly permits, or by insufficient control allows, a minor child to remain in any public place or on the premises of any establishment during curfew hours. An owner, operator, or employee of a business establishment commits an offense by knowingly allowing a minor to remain upon the premises of the establishment during curfew hours. II On July 3, 1991, two weeks after the ordinance was enacted, Elizabeth Qutb and three other parents filed suit - -both individually and as next friends of their teenage children -- seeking a temporary restraining order and a permanent injunction against the enforcement of the juvenile curfew ordinance on the basis that -4- the ordinance is unconstitutional. The district court certified the plaintiffs as a class that consisted of two sub - classes: persons under the age of seventeen, and parents of persons under the age of seventeen. One week later, the court advanced the trial on the merits, and consolidated the trial with the hearing on the plaintiffs' request for temporary and permanent injunctions. The case was tried on July 22 -23, and the district court denied the plaintiffs' request for a temporary injunction. The city, however, voluntarily delayed enforcement of the curfew pending the district court's decision on the merits. On June 12, 1992, before the district court issued its final r order on the merits of the case, the city voluntarily amended the curfew ordinance. The amended ordinance deleted or altered some of the provisions of which the plaintiffs complained, while expanding some of the defenses available to affected minors. In response to the revised ordinance, the plaintiffs filed an amended complaint and an amended motion for a permanent injunction against `Before the district court, the plaintiffs asserted several grounds for holding the ordinance unconstitutional. First, they argued that the ordinance impermissibly restricts First Amendment . rights of free speech and free association. They also contended that the ordinance violates the Fourth and Fourteenth Amendment right against unreasonable searches and seizures, and that the ordinance divests them of their Fifth and Fourteenth Amendment rights to a presumption of innocence, proof beyond a reasonable doubt, and freedom against self - incrimination. Plaintiffs further maintained that the ordinance violates the equal protection clause, and implicates fundamental liberty and privacy interests protected by the due process clause of the Fourteenth Amendment. Finally, plaintiffs argued that the ordinance is vague and overly broad. -5- enforcement of the curfew. The district court held a second evidentiary hearing, where both parties presented additional evidence and arguments concerning validity of the revised ordinance under the United States and Texas constitutions. On August 10, 1992, the district court held that the curfew impermissibly restricted minors' First Amendment right to associate, and that it created classifications that could not withstand constitutional scrutiny.' Accordingly, the district court permanently enjoined enforcement of the curfew, and the city now appeals. III A t We review de novo the district court's conclusions of constitutional law. Peyote Way Church. -of God, Inc. v. Thornburqh, 922 F.2d 1210, 1213 (5th Cir. 1991); Shillingford v. Holmes, 634 F.2d 263, 266 (5th Cir. 1981). The minor plaintiffs argue, inter alia, that the curfew ordinance violates 'the Equal Protection Clause of the Fourteenth Amendment. The Equal Protection Clause "is essentially a direction that all persons similarly situated should be treated alike." City of Cleburne v. Cleburne Livinq Ctr., Inc., 473 U.S. 432, 439, 105 S.Ct. 3249, 87 L.Ed.2d 313 (1985). Only if the challenged government action classifies or distinguishes between two or more relevant groups must we conduct 'Because the district court held the ordinance unconstitutional on the equal protection and free association grounds, the district court did not reach the other arguments presented by the plaintiffs. -6- an equal protection inquiry. Brennan v. Stewart, 834 F.2d 1248, 1257 (5th Cir. 1988). Here, it is clear that the curfew ordinance distinguishes between classes of individuals on the basis on age, treating those persons under the age. of seventeen differently from those persons age seventeen and older. Because the curfew ordinance distinguishes between two groups, we must analyze the curfew ordinance under the Equal Protection Clause. Under the Equal Protection analysis, we apply different standards of review depending upon the right or classification involved. If a classification disadvantages a "suspect class" or impinges upon a "fundamental right," the ordinance is subject to r strict scrutiny. Plyler v. Doe, 457 U.S. 202, 216 -17, 102 S.Ct. 2382, 72 L.Ed.2d 786 (1982). Under the strict scrutiny standard, we accord the classification no presumption of constitutionality. Town of Ball v. Rapides Parish Police Jury, 746 F.2d 1049, 1059 (5th Cir. 1984). Instead, we ask whether the classification promotes a compelling governmental interest and, if so, whether the ordinance is narrowly tailored such that there are no less restrictive means available to effectuate the desired end. Puqh v. Rainwater, 557 F.2d 1189, 1195 (5th Cir. 1977), vacated on other grounds, 572 F.2d 1053 (5th Cir. 1978) In this case, no one has argued, and correctly so, that a classification based on age is a suspect classification. gge Gregory v. Ashcroft, U.S. _, 111 S.Ct. 2395, 2406, 115 L.Ed.2d 410 (1991)(holding that age is not a suspect class). The -7- minor plaintiffs, however, have argued that the curfew ordinance impinges upon their "fundamental right" to, move about freely in public. For purposes of our analysis, we assume without deciding that the right to move about freely is a fundamental right. We are mindful, however, that this ordinance is directed solely at the activities of juveniles and, under certain circumstances, minors may be treated differently from adults.6 B Because we assume that the curfew impinges upon a fundamental right, we will now subject the ordinance to strict scrutiny review. As stated earlier, to survive strict scrutiny, a classification r created by the ordinance must promote a compelling governmental interest, and it must be narrowly tailored to achieve this interest. Plyler v. Doe, 457 U.S. at 216 -17. The city's stated interest in enacting the ordinance is to reduce juvenile crime and victimization, while promoting juvenile safety and well- being. The Supreme Court has recognized that the state "has a strong and legitimate interest in the welfare of its young citizens, whose 61n Bellotti v. Baird, the Court recognized that there were three reasons that allows a court to treat the rights of minors differently from rights of adults: the peculiar vulnerability of children; their inability to make critical decisions in an informed, mature manner; and the importance of the parental role in child rearing. Bellotti v. Baird, 443 U.S. at 634. This analysis affects the balancing between of the state's interest against the interests of the minor when determining whether the state's interest is compelling. However, given the fact that the parties and the district court all agree that the interest of the state in this instance is compelling, it is unnecessary to conduct a full Bellotti analysis. -8- immaturity, inexperience, and lack of judgment may sometimes impair their ability to exercise their rights wisely." Hodgson v. Minnesota, 497 U.S. 417, 444, 110 S.Ct. 2926, 2942, 111 L.Ed.2d 344 (1990). In this case, the plaintiffs concede and the district court held that the state's interest in this case is compelling. Given the fact that the state's interest is elevated by the minority .status of the affected persons, we have no difficulty agreeing with the parties and with the district court. C In the light of the state's compelling interest in increasing Juvenile safety and decreasing juvenile crime, we must now determine whether the curfew ordinance is narrowly tailored to achieve that interest. The district court held that the city "totally failed to establish that the Ordinance's classification between minors and non - minors is narrowly tailored to achieve the stated goals of the curfew." We disagree. To be narrowly tailored, there must be a nexus between the stated government interest and the classification created by the ordinance. City of Richmond v.,J.A. Croson, Co., 488 U.S. 469, 493, 109 S.Ct. 706, 102 L.Ed.2d 854 (1989). This test "ensures that the means chosen 'fit' this compelling goal so closely that there is little or no possibility that the motive for the classification was illegitimate. . . ." Id. The articulated purpose of the curfew ordinance enacted by the city of Dallas is to protect juveniles from harm, and to reduce -9- juvenile crime and violence occurring in the city. The ordinance's distinction based upon age furthers these objectives. Before the district court, the city presented the following statistical information: 1. Juvenile crime increases proportionally with age between ten years old and sixteen years old. 2. In 1989, Dallas recorded 5,160 juvenile arrests, while in 1990 there were 5,425 juvenile arrests. In 1990 there were forty murders, ninety -one sex offenses, 233 robberies, and 230 aggravated assaults committed by juveniles. From January 1991 through April 1991, juveniles were arrested for twenty -one murders, thirty sex offenses, 128 robberies, 107 aggravated assaults, and 1,042 crimes against property. 3. Murders are most likely to occur between 10:00 p.m. and 1:00 a.m. and most likely to occur in apartments and apartment parking lots and streets and highways. 4. Aggravated assaults are most likely to occur between 11:00 p.m. and 1:00 a.m. 5. Rapes are most likely to occur between 1:00 a.m. and 3:00 a.m. and sixteen percent of rapes occur on public streets and highways. 6. Thirty -one percent of robberies occur on streets and highways. Although the city was unable to provide precise data concerning the number of juveniles who commit crimes during the curfew hours, or the number of juvenile victims of crimes committed during the curfew, the city nonetheless provided sufficient data to -10- juvenile crime and violence occurring in the city. The ordinance's distinction based upon age furthers these objectives. Before the district court, the city presented the following statistical information: 1. Juvenile crime increases proportionally with age between ten years old and sixteen years old. 2. In 1989, Dallas recorded 5,160 juvenile arrests, while in 1990 there were 5,425 juvenile arrests. In 1990 there were forty murders, ninety -one sex offenses, 233 robberies, and 230 aggravated assaults committed by juveniles. From January 1991 through April 1991, juveniles were arrested for twenty -one murders, thirty sex offenses, 128 robberies, 107 aggravated assaults, and 1,042 crimes against property. 3. Murders are most likely to occur between 10:00 p.m. and 1:00 a.m. and most likely to occur in apartments arld apartment parking lots and streets and highways. 4. Aggravated assaults are most likely to occur between 11:00 p.m. and 1:00 a.m. 5. Rapes are most likely to occur between 1:00 a.m. and 3:00 a.m. ::nd sixteen percent of rapes occur on public streets and highways. 6. Thirty -one percent of robberies occur on streets and highways. Although the city was unable to provide precise data concerning the number of juveniles who commit crimes during the curfew hours, or the number of juvenile victims of crimes committed during the curfew, the city nonetheless provided sufficient data to -10- demonstrate that the classification created by the ordinance "fits" the state's compelling interest.' Furthermore, we are convinced that this curfew ordinance also employs the least restrictive means of accomplishing its goals. The ordinance contains various "defenses" that allow affected minors to remain in public areas during curfew hours. Although the district court concluded that "[i]t is what the Ordinance restricts . . . and not what it exempts that matters the most," it is clear to us that neither the restrictions of the curfew ordinance nor its defenses can be viewed in isolation from each other; the ordinance can be examined fairly only when the defenses are considered as a r part of the whole. To be sure, the defenses are the most important consideration in determining whether this ordinance is narrowly tailored. plaintiffs argue that because the city failed to offer statistical evidence supporting the nocturnal juvenile crime problem, the city failed to meet its burden of proving the necessary "fit" between the compelling state interest and the curfew. We will not, however, insist upon detailed studies of the precise severity, nature, and characteristics of the juvenile crime problem in analyzing whether the ordinance meets constitutional muster when it is conceded that the juvenile crime problem in Dallas constitutes a compelling state interest. In this same vein, the plaintiffs arguments that the city has not produced proof of the effectiveness of the ordinance in addressing the juvenile crime problem are unavailing; indeed, such "proof" can hardly amount to more than mere speculation. Federal courts have always been reluctant to question the potential effectiveness of legislative remedies designed to address societal problems. As we have held in other contexts, we "do not demand of legislatures scientifically certain criteria of legislation." Ginsberq v. New York, 390 U.S. at 642 (internal quotes omitted). -11- In the past, curfew ordinances have been held unconstitutional because of their broad general applications. In Johnson y. City of Opelousas,, for example, we addressed a juvenile curfew ordinance and declared it unconstitutional; our holding, however, was "expressly limited to the unconstitutional overbreadth of the ordinance." Johnson v. City of Opelousas, 658 F.2d at 1074. Furthermore, we stated that "[w]e express no opinion on validity of curfew ordinances narrowly drawn to accomplish proper social objectives." Id,. at 1072. In declaring the Johnson ordinance to be an undue burden on the rights of minors, we noted that: [U]nder this curfew ordinance minors are prohibited from attending associational activities such as religious or r school meetings, organized dances, and theater and sporting events, when reasonable and direct travel to or from these activities has to be made during the curfew period. The same inhibition prohibits parents from urging and consenting to such protected associational activity by their minor children. The curfew ordinance also prohibits a minor during the curfew period from, for example, being on the sidewalk in front of his house, engaging in legitimate employment, or traveling through [the city] even on an interstate trip. These implicit prohibitions of the curfew ordinance overtly and manifestly infringe upon the constitutional rights of minors in (the city]. Id. We therefore concluded that the "curfew ordinance, however valid might be a,narrowly_ drawn curfew to protect society's valid interests, [swept] within its ambit a number of innocent activities which are constitutionally protected." Id. at 1074 (emphasis added). In Johnson, we further stated that (r]egardless of the legitimacy of [the city's] stated purposes of protecting youths, reducing nocturnal juvenile crime, and promoting parental control over their -12- children, less drastic means are available for achieving these goals. Since the absence of exceptions in the curfew ordinance „precludes a narrowing, construction, we are. compelled to rule that the ordinance is constitutionally overbroad. Id. (emphasis added). With the ordinance before us today, the city of Dallas has created a nocturnal juvenile curfew that satisfies strict scrutiny. By including the defenses to a violation of the ordinance, the city has enacted a narrowly drawn ordinance that allows the city to meet its stated goalse while respecting the rights of the affected minors. As the city points out, a juvenile may move about freely in Dallas if accompanied by a parent or a guardian, or a person at least eighteen years of age who is authorized by a parent or guardian to have custody of the minor. If the juvenile is traveling interstate, returning from a school- sponsored function, $According to the city, its goals in enacting the ordinance are to (1) reduce the number of juvenile crime victims; (2) reduce injury accidents involving juveniles; (3) reduce additional time for officers in the field; (4) provide additional options for dealing with gang problems; (5) reduce juvenile peer pressure to stay out late; and (6) assist parents in the control of their children. The aim of the ordinance is to deter criminal conduct involving juveniles as well as penalize those individuals who violate it. However, the city states that its intent is not to penalize every youth found in public during curfew hours, but to use the ordinance as a tool to help address other criminal activity problems that involve or may potentially involve juveniles. The curfew ordinance provides an officer with reasonable suspicion to approach gangs to determine if any of them are juveniles. According to the city, the curfew ordinance can help address Dallas's gang problem because gang members often congregate in public and set up an environment where criminal activities take place, such as drive - by shootings, fights, and "turf" disputes. -13- a civic organization- sponsored function, or a religious function, or going home after work, the ordinance does not apply. If the juvenile is on an errand for his or her parent or guardian, the ordinance does not apply. If the juvenile is involved in an emergency, the ordinance does not apply. If the juvenile is on a sidewalk in front of his or her home or the home of a neighbor, the ordinance does not apply. Most notably, if the juvenile is exercising his or her First Amendment rights, the curfew ordinance does not apply. Against the ordinance's an expansive list of defenses, the district court attempted to provide examples of activities with t which the curfew ordinance would interfere. The district court suggested the example of "a midnight basketball league aimed solely at keeping juveniles off of the streets" to demonstrate that participation in legitimate desirable activities would violate the ordinance unless the activities were officially organized, sponsored, or supervised by the city, a school, a civic association, or some "other entity." In its effort to demonstrate that the ordinance was overly broad, the district court referred to concerts, movies, plays, study groups, or church activities that may extend past curfew hours. The district court finally noted that "every juvenile in the city could be arrested and fined up to $500.00 upon conviction if he or she merely sought to take an innocent stroll or 'gaze at the stars from a public park.'" -14- With due respect to the able district court, we are convinced that upon examination its analysis collapses. It is true, of course, that the curfew ordinance would restrict some late -night activities of juveniles; if indeed it did not, then there would be no purpose in enacting it. But when balanced with the compelling interest sought to be addressed -- protecting juveniles and preventing juvenile crime- -the impositions are minor. The district court failed to observe that none of the activities it listed are restricted if the juvenile is accompanied by a parent or a guardian. Even if the child is unaccompanied by a parent or a guardian, we can presume that most events such as a "midnight e basketball league" or a church youth group outing ordinarily would be organized, sponsored or supervised by an adult or an organization, and these are exceptions to the curfew. Although it is true that in some situations unaccompanied juveniles may be forced to attend early evening features of a movie or leave a play or concert before its conclusion, this imposition is ameliorated by several of the ordinance's defenses so that the juvenile is not deprived of actually attending such cultural and entertainment opportunities. Furthermore, a juvenile can take an "innocent stroll" and stare at the stars until 11:00 on week - nights and until 12:00 midnight on weekends; indeed, a juvenile may stare at the stars all night long from the front sidewalk of his or her home or the home of a neighbor. Thus, after carefully examining the juvenile curfew ordinance enacted by the city of Dallas, we -15- conclude that it is narrowly tailored to address the city's compelling interest and any burden this ordinance places upon minors' constitutional rights will be miniumal.9 0 In addition to the claims presented by the minor plaintiffs, the parental plaintiffs argue that the curfew ordinance violates their fundamental right of privacy because it dictates-the manner in which their children must be raised. Although we recognize that a parent's right to rear their children without undue governmental interference is a fundamental component of due process, see, e.g., Ginsberq v. New York, 390 U.S. at 639, we are convinced that this ordinance presents only a minimal intrusion into the parents' rights. In fact, the only aspect of parenting that this ordinance 9The minor plaintiffs argued and the district court held that the minors' first amendment rights of association are also impermissibly impinged upon by the curfew ordinance. We disagree. First, it is questionable whether a fundamental right of association is implicated. The Supreme Court has held that there is no "generalized right of social association," Dallas v. Stanqlin, 490 U.S. 19, 479, 109 S.Ct. 1591, 104 L.Ed.2d 18 (1989) (internal quotes omitted), and, that seems to be precisely the type of association we are primarily concerned with in this case. Even in those instances when minors may, for example, associate for political or religious reasons, the majority of those situations will be exempted under one of the defenses to the curfew ordinance. In any event, we have determined that this curfew ordinance satisfies strict scrutiny, and any negligible burden on the individual's right to associate is outweighed by the compelling interests of the state. We have also considered the minor plaintiffs' Equal Protection argument in the light of the Texas Constitution. We find nothing and we have been pointed to no authority - -other than an unrelated defamation case- -that warrants a different treatment of this issue under the state constitution. -16- bears upon is the parents' right to allow the minor to remain in public places, unaccompanied by a parent or guardian or other authorized person, during the hours restricted by the curfew ordinance. Because of the broad exemptions included in the curfew ordinance, the parent retains the right to make decisions regarding his or her child in all other areas: the parent may allow the minor to remain in public so long as the minor is accompanied by a parent or guardian, or a person at least eighteen years of age who is authorized by a parent or guardian to have custody of the minor. The parent may allow the minor to attend all activities organized by groups such as church groups, civic organizations, schools, or the city of Dallas. The parent may still allow the child to hold a job, to perform an errand for the parent, and to seek help in emergency situations. In this case, the parents have failed to convince us that the ordinance will impermissibly impinge on their rights as parents. The parents' only "evidence" to support their argument is the testimony of the mother of one of the plaintiffs that her daughter would soon be going to college, and the curfew ordinance -- applying only between 11 p.m. and 6 a.m.- -would somehow deprive her daughter of the opportunity to learn to manage her time and make decisions before going away to college. Certainly this testimony is insufficient, to support the district court's finding that the -17- ordinance unconstitutionally infringed the liberty and privacy interests of parents.lo IV- ... - .. In conclusion, we find that the state has demonstrated that the curfew ordinance furthers a compelling state interest, i.e._, protecting juveniles from crime on the streets. We further conclude that the ordinance is narrowly tailored to achieve this compelling state interest.11 Accordingly, we hold that the nocturnal juvenile curfew ordinance enacted by the city of Dallas is constitutional. The judgment of the district court is therefore R E V E R S E D. I "The parents also assert that the curfew ordinance is unconstitutional under the Texas Constitution based on an invasion of parental privacy. We recognize that the Texas courts have construed the Equal Protection Clause of the Texas Constitution more expansively than that of the United States Constitution in the area of homosexual rights. See State v. Morales, 826 S.W.2d 201, 204 (Tex. App. -- Austin, 1992, writ denied). We were unable, however, to find any authority that supports the notion that the Texas Constitution would provide more protection in the area of parental privacy. 1we can also envision the constitutionality of a narrowly drawn nocturnal juvenile curfew ordinance that applies only in a municipality's high risk, high crime areas, or danger zones. -18- KING, Circuit Judge, specially concurring: I concur in the result reached by the majority without expressing a view on the method by which the majority has reached that result. s T N L E co M O co 0 co r- r N .- co 4o rn r 40 M r• LO vn o C) Un V! c+i N W N L Q Q t6 f0 rn rn o) T Ln rn rn rn rn T t'� N cO 0 N N N C � c9 Q L F- = i o i. 3NO? 47 0 N r- L O U 7 Qm O c = v r S� rn 7 U H W cn (n '^ Q Q W C C 4) 4) U > > F- rn rn zo)0) UJ ._J " Lr) O_ rn rn rn rn > T r 4 C R Q r CD e Q1 CO b Q M stds Q LO I ; sr- . ........... £ y %% C) 'O ;: L O r co F- T A >rs:: in o Q1 r i s 3 co V p'•4. ;tY a1.;Q cn O� Go A..:. co m N N 4) 4) ( N fn c C d 4) W O O c c ". 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I I w � Un I Z lo: ;g I F- Z : i0 W I �'YIQIW �E:OI o .- Q w: p W.M w:Q F- �',0,E= O C`7 LLL!C: ,a cn O;U: �:zIp;LLiQ u_,�jlp N _� R U]„'(i]i(�.Q' W'F —i=; O:x W. �Iz;,W.z CY C) �'Q o0 F--:Q;Oi�:a U!� Z p:J.p; >'U CL' I— = O I� DALLAS POLICE DEPARTMENT TEEN CURFEW ACTIVITY REPORT ' DECEMBER 1997 F L E CE NE SE SW NW NC UNK TOTA _ JUVENILES FIELD INTERROGATION REPORTS 42 8 3 18 24 4 1 100 (warnings) CITATIONS ISSUED' 37 9 8 18 29 3 37 141 IN CUSTODY /CURFEW ONLY 0 0 0 0 14 0 0 14 IN CUSTODY /CURFEW & OTHERS 0 0 0 0 0 0 0 0 ADULTS PARENTS CITED' BUSINESS CITED' *Source Court Services JANUARY - DECEMBER 1997 YTD TYPE _ __ JUVENILES FIELD INTERROGATION REPORT: (warnings) CITATIONS ISSUED' IN CUSTODY /CURFEW ONLY IN CUSTODY /CURFEW & OTHERS ADULTS PARENTS CITED BUSINESS CITED 'Source Court Services JANUARY - DECEMBER 1996 YTD 0 0 0 0 2 0 0 2 0 0 0 0 0 0 0 0 CE NE SE SW NW NC UNK TOTA 589 157 394 540 206 81 4 1971 711 356 457 601 413 85 832 3455 23 0 111 97 26 0 0 257 0 0 17 0 0 0 0 17 15 2 3 20 4 0 8 52 0 0 0 0 0 0 0 0 TYPE CE NE SE SW NW NC LINK TOTAL _ JUVENILES 613 223 166 499 334 92 110 2037 FIELD INTERROGATION REPORTS (warnings) CITATIONS ISSUED' . 697 423 239 687 575 104 486 3211 IN CUSTODY /CURFEW ONLY 75 21 24 47 84 8 0 259 IN CUSTODY /CURFEW & OTHERS 2 16 1 7 1 6 2 8 36 9 0 0 0 13 42 59 ADULTS PARENTS CITED BUSINESS CITED 0 0 0 0 1 0 0 1 'Source Court Services M z m m V ODD W J D r D m A 1W V (ND'v 00 I N CJl uJ 3 fD D N w ;U c N O ::r m N o ;v O O E is m CD � i' C � O fD p COD 1 O � N A D i W �O l0 N IO 'N < m ;o i r 0 o O N A C0 J1 O W Tn CJ1 V CND W N N N i O m J r f O J A 00 W CJ1 03 A : W W O W A :...1 I I w I J m II CAD W co N N . 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CY) V 7r co co 03 S C :U � < n �I V -* N N N CD C-0 V A N 0o cfl p) 0 cNO - c' 4 ° CD O (p p.,' V 0 C- C: m Z � r .cam m D � C CO r 0 m cn Field InterrogationReport CITY OF DALLAS JUVENILE FIELD INTERROGATION SCHOOL RELATED ❑ NON - SCHOOL RELATED ❑ GANG RELATED CATION BEAT HAwE L=LAST OFFENSE T NO Xt E rAG 0.0 %8 RACE SEX GRADE _..._ ADDRESS PH. IGHT WEIGHT EYES HAIR SURD - DP SCHOOL OATi OF TvE OF 'OFFENSE OFFENSE uE.ur or.O.OL, MCI •40 OESNUPTI/G SCHOOL 000pomr TRUANCY ASSAT THEFT M,C CVrEw OTHER CHARGE ACTTES p oo'ouc. O I UL L7 0 [..O.Ana. CJ M !CLASS c oNEn PAAENTiGUAMAN - - - -_ - F;ELATIONSHIP �P ►10NE NARRATIVE oorr.CTIO Ya0.0C OHSP'OSRION OFFICES pNG 1101 1 1 1 1 1 WMICIE 1CITATION a 1 _. 1ICV� 3 copies (1 to Youth Division; 1 mailed to Parent; 1 given to juvenile) o=N! dY:Xerox leieco i er 7c20 ;10 -21-54 2146707454 214 670 4581 ;u 2 \ °� "ROLL CATJ, LI ti �r TRAINING BULLETIN k94 -5 DATE; April 23, 1994 DOCUMENT CONTROL 9 31 -94 ATMVM AUTDDRM& OaSw of YmM opwwBw TEEN CURFEW ORDINANCE The Curfew Ordinance is a tool established for the protection of the child. Discretion should be used in enforcing this Ordinance. Before taking any enforcement action under this Ordinance, the officer shall ask the apparent offender the following information: 1. His/Her age. 2. The reason for being in the public place. A citation shall NOT be issued or an arrest made under this ordinance unless: 1. The officer reasonably believes that an offense has occurred and that; 2. Based on any response and oche,.- circumstances, no defeW under this Ordinance is present. Juveniles who are contacted in violation of the Curfew Ordinance can be warned, issued a Field Interrogation Report, directed to go to their home, may be taken to their home, issued a citation or be taken into custody. The officer should choose an appropriate enforcement option based upon the circumstances and the individual encountered. Any enforcement action taken must be documented. Field Interrogation Reports issued for. a violation of the Curfew Ordinance must fully describe the circumstances and location, as well as the disposition of the contact, as well as the disposition of the juvenile, i.e., field release, citation issued (including citation number), released to a responsible adult or released at home. If a citation is issued to any naM (Juvenile, Parent, or Business Owner, etc.) for curfew violation, a Field Interrogation Report will also be completed to document the contact. Citations for violations of this Ordinance .will be handled by the Municipal Courts in the same manner as any other Class C violation committed by Juveniles or Adults. R MEMBER: The correct charge for violation of the Curfew Ordinance is: Dallas City Code SEC. 31 -33. Curfew Hours for Minors. Page 1 of 1 X]Cgal pUffiCt4l, in OATF June 20,1995 NUU8ER 95 -B CURFEW VIOLATION CITATIONS The purpose of this Legal Bulletin is to outline standard information that should be included on citations issued for curfew violations. Dallas City Code Section 31- 33(b)(1), "Curfew Hours for Minors," provides that a minor commits an offense "if he remains in any public place or on the premises of any establishment within the city during curfew Hours." Additionally, a parent or guardian, as well as the owner, operator, or any employee of an establishment, commits an offense if he allows a minor to violate the curfew. As much information as possible should be included on the front of the citation or on the back of the citation. Generally, it takes some time for cases to reach final disposition, and many times officers cannot recall relevant facts surrounding the particular incident by the trial date. To avoid this, officers should make detailed notes on each citation. In addition to the information on the face of the citation, the officer should also include the following information: 1. Record the juvenile's response when asked his or her age. Also, note the minor's reason for being out past curfew. 2. Specify the person receiving the citation; i.e., the minor, parent, guardian, owner of an establishment, operator of an establishment or employee of an establishment. 3. Specify the particular day of the violation; i.e. Monday, Tuesday, etc. This information is needed so that prosecutors can easily verify that the curfew time for which the minor is accused of violating applies to the date of the offense. 4. Indicate whether the adult receiving the citation (such as the parent or operator of an establishment) either (1) knowingly allowed the minor to violate the curfew, or (2) exercised insufficient control over the minor. 5. Specify the exact location where the minor was found. For example, it is a defense to the ordinance if the minor was on the sidewalk abutting his or her residence or a next door neighbor's residence, provided the neighbor does not complain about the minor's presence. Therefore, it is important to indicate exactly where the minor was located at the time of the offense. Noting that a minor was walking or standing outside a residence probably will not be sufficient unless the officer can recall that the sidewalk was not abutting the minor's or the next door neighbor's residence. Including the above - mentioned information on curfew violation 4itations will greatly increase the successful prosecution of these cases. , If you have any questions regarding this Legal Bulletin, please contact an attorney in the Criminal Law and Police Division at ext. 5471. BACKGROUND CURFEW ADOPTED JUNE, 1991 DISTRICT COURT ENJOINED THE CITY FROM ENFORCEMENT AUGUST, 1992 OVERTURNED BY COURT OF APPEAL, FIFTH CIRCUIT APRIL, 1994 ENFORCEMENT BEGAN MAY 19 1994 RULING ]LET STAND BY U.S SUPREME COURT MAY, 1994 JUVENILE CURFEW BECAME EFFECTIVE MAY 1, 1994 SET CURFEW HOURS IIPM - 6AM Sunday - Thursday 12AM - 6AM Friday - Saturday REQUIRES AFFIRMATIVE DECISION REQUIRES OFFICER TO ENSURE NO DEFENSE PRESENT PRIOR TO ENFORCEMENT ACTION ENFORCEMENT ALTERNATIVES WARNED * ISSUED A FIELD INTERROGATION REPORT * SENT HOME TAKEN HOME * ISSUED CITATION * TAKEN INTO CUSTODY * PARENTS CAN BE ISSUED CITATION TOR ALLOWING MINOR TO VIOLATE CURFEW * BUSINESS OWNER, OPERATOR, OR EMPLOYEE MAY BE ISSUED CITATION FOR ALLOWING MINOR TO REMAIN ON PREMISES AFTER HOURS VIOLENT OFFENSES COMNHTTED AGAINST JUVENILES DURING CURIFEW FOURS Assault ABOVE 293 258 227 -23% TOTALS % FROM OFD 1993 1994 1995 93 -95 Murder 5 1 7 +140% Rape 61 .45 40 -34% Robbery 41 34 .18 -56% Agg. 186 178 162 -13% Assault ABOVE 293 258 227 -23% TOTALS UTY OF DALLAS May 17, 1996 Mr. Sam Quattrochi Administrator, Letot Center 10505 Denton Drive Dallas, Texas 75220 Dear Mr. Quattrochi: This is to once again request your assistance in a city Wide curfew initiative scheduled for May 31. June 1. June 7. and June 8, 1996 from 12 :01 AM until 5:1 00 AM. With your permission, those children whose parent or guardian can not be located within six hours, will be transferred to Letot. As in the past we will place one uniformed police officer for ,each_.three children in your facility. The officers will remain with .the*cliildren until they are released from custody. - The cooperation and assistance of your agency is greatly ,4Lppreciated. If you have any questions or concerns please call ;ae_ at 670 -5382. Sincerely, BENNIE R. CLICK CHIEF OF POLICE J. S. Muncy Deputy Chief of Police Youth and Family Crimes Division CIVIL RIGHTS - -CITY CURFEW UPHELD AS PROTECTINC VULNERABLE YOUTH (POPULATION FROM CRIME SCHLEIFER V. CITY OF CHARLOTTESVILLE No. 97 -1723 (Fourth U.S. Circuit Court of Appeals Oct. 20, 1998) ISSUE: Does a city ordinance setting a weekend nocturnal curfew on unemancipated minors under age 17 violate the civil rights of minors or their parents? FACTS: The city of Charlottesville, Va., enacted a juvenile nocturnal curfew ordinance. The legislative pur- pose behind the ordinance was to reduce juvenile violence and crime within the city, protect juve- niles from becoming involved in unlawful activities and becoming prey to older perpetrators of crime, and strengthen parental responsibility for children. The ordinance generally prohibits mi- nors, defined as unelnancipated persons under 17, from remaining in any public place, motor vehi- cle or establishment within city limits during curfew hours, The curfew takes effect at 12:01 a.m. on Monday through Friday and at 1 a.m, on Saturday and Sunday. The curfew lifts at S a.m, each morning. The ordinance does not restrict minors' activities that fall under one of its eight enumerated exceptions, including being accompanied by a parent, running errands at a parent's direction so long as they have a note from a parent, working, or attending supervised activities sponsored by a school, civic or religious organi7&ion, without running afoul of the curfew. The ordinance also exempts minors who are engaged in interstate travel, are on the sidewalk abut- ting their parents' residence, or are involved in an emergency. Finally, the ordinance does not affect minors who am "exercising First Amendment rights protected by the U.S. Constitution, such as the free exercise of religion, freedom of speech and the right of assembly." Violation of the ordinance can result in misdemeanor charges. Several minors and their parents challenged the ordinance. The minors claimed the ordinance pre- vents them from engaging in other lawful activities with their parents' permission that would bring them back during curfew hours, The parents claimed the ordinance interfered with their decisions on which activities, at what times, are appropriate for their children. The plaintiffs claimed the ordl- nance violated their First, Fourth, Fifth and Fourteenth Amendment rights. The district court re- jected their claims, and they appealed. HELD: Affirmed. A Fourth Circuit panel, with one dissent, applied intermediate level scrutiny to the ordinance and up- held the measure, finding the curfew materially assisted important and compelling legislative goals: The Charlottesville curfew serves not only to head off crimes before they occur, but also to pro- tect a particularly vulnerable population from being lured into participating in such activity. Contrary to the dissent's protestation, we do not hold that every such curfew ordinance would pass constitutional muster. The means adopted by a municipality must bear a substantial rela- tionship to significant governmental interests; the restrictiveness of those means remains the subject of judicial review, As the district court noted, however, the curfew law in Charlottes- ville is "among the most modest and lenient of the myriad curfew laws implemented nation- wide." Charlottesville's curfew, compared to those in other cities, is indeed a mild regulation: it covers a limited age group during only a few hours of the night. Its various exceptions enable minors to participate in necessary or worthwhile activities during this time. We hold that Char- lottesville's juvenile curfew ordinance comfortably satisfies constitutional standards. LOCAL GOVERNMENT AUTHORITY LAW DIGEST _-ILW T4G: Xal4 11GI N peel AH Uo_S_lGJJW: (JJ oo: m W, ply FROM CHVILLE POLICE DEPT (THU) 07. 22' 99 12: 58//ST. 12: 57A0. 3560189096 P 2 OFFENSES— .MISCEW ANEOUS Sec. 17 -1. Attempts; aiding and abetting- It shall be unlawful for any person to attempt to commit any act which is prohibited by this Code or other city ordinance or by any rule, regulation, order or notice duly promulgated or given pursuant to authority thereof, and it shall be unlawful for any person to aid or abet another in the commission or attempted commission of any act which is prohibited by this Code or other ordinance or by any rule, regulation, order or notice duly promulgated or given pursuant to authority thereof_ (Code 1976, § 17 -4) State Iaw reference—Atumpt co commit misdemeanor, Code of Virginia, § 18.2 -27. Sec. 17 -2. Sunday closing law not applica- ble within city. The provisions of Code of Virginia, section 18.2 -341, shall not be effective within the bound- aries of the city. (Code 1976, § 17 -28) State law reference — Authority for ebove section, Code of Virginia, 9 18.2.342. See. 17 -3. Assault and battery, It shall be unlawful and a Class 1 misde- meanor for any person to commit a simple assault or assault and battery upon any other person. (Code 1976, § 17.3) Cross reference— Qenalcy for Class 1 misdemeanor, t 1.11. State law reference—Similar provieiont, Code of vir- giaie, § 18.247_ Sec, 17 -4. Advertisements — Defacing or tear- ing down. It shall be unlawful and a Class 1 misde- meanor for any person to tear down or deface any lawfully posted design, bill or advertisement, so long as the same may be of any benefit to the party posting it; provided, that nothing herein shall prevent a person from tearing down adver- tisements posted on that person's premises. (Code 1976, § 17 -1) Gross reference — Penalty for Class 1 misdemeanor, § 1 -11. Supp. No, 1.1 1035 § 17 -7 Sm 17 -5. Same — Dropping from aircraft. It shall be unlawful and a Class 1 misde- meanor for any person in any airplane, dirigible, blimp, balloon or other aircraft to drop any adver- tising matter within the city, except by written permission of the city manager. (Code 1976, § 17 -2) Cross reference Penalty for Clw 1 misdemeanor, § 1.17.. Sec. 17.6. Same — Unlawful posting. (a) It shall be unlawful for any person to post any show bill, notice or advertisement or brand, write, marls or paint any sign, letters or charac- ters upon a building, wall, whether interior or exterior, tree, fence or any other property of another person, without first obtaining the con- sent of the owner or the agent of the owner of such property. (b) Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor. (Code 1976, § 17 -24) Cross referreace— Penalty for Clasa 1 miedemeanor, § Bee. 17 -7. Curfew for minors. The purpose of this section is to- (i) promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the city; (ii) promote the safety and well -being of the city's youngest citizens, persons under the age of seventeen (17), whose inexperi- ence renders them particularly vulnerable to be- coming participants in unlawful activities, partic- ularly unlawful drug activities, and to being victimized by older perpetrators of crime; and (i.ii) foster and strengthen parental responsibility for children. (a) Definitions. As used within this section 17 -7, the following words and phrases shall have the meanings ascribed to them below: Curfew hours refers to the hours of 12:01 a.m. through 5:00 a.m- on Monday through Friday, and 1:00 a.m. through 5:00 a.m. on Saturday and Sunday. Emergency refers to unforeseen circumstances, or the status or condition resulting therefrom, FROM CHVILLE POLICE DEPT § 17 -7 (THU) 07. 22' 99 12: 59 /ST, 12: 57/N0, 3560; 89096 P 3 CUARiA'1'i'ESVILLE CITY CODE requiring immediate action to safeguard life, limb or property. The term includes, but is not limited to, fires, natural disasters, automobile accidents, or other similar circumstances. Establishment refers to any privately -owned place of business within the city operated for a profit, to which the public is invited, including, but not limited to any place of amusement or entertainment. With respect to such establish- ment, the term "operator' shall rnean any person, and any firm, association, partnership (arid the members or partners thereof) and/or any corpora- tion (and the officers thereof) conducting or man- aging that establishment. Minor refers to any person under seventeen (17) years of age who has not been emancipated by court order entered pursuant to Section 16.1- 333 of the Code of Virginia, 1950, as amended. Officer refers to a police or other law enforce- ment officer charged with the duty of enforcing the laws of the Commonwealth of Virginia and/or the ordinances of the City of Charlottesville. Parent refers to- (1) A person who is a minor's biological or adoptive parent and who has legal cus- tody of a minor (including either parent, if custody is shared under a court order or agreement); (2) A person who is the biological or adoptive parent with whom a minor regularly re- sides, (3) A person judicially appointed as a legal guardian of the minor; and/or (4) A person eighteen (18) years of age or older standing in loco parentis (as indi- cated by the authorization of an individ- ual listed in part(s) (1), (2) or (3) of this definition, above, for the person to as- sume the care or physical custody of the child, or as indicated by any other circum- stances). Person refers to an individual, not to any association, corporation, or any other legal entity. Public place refers to any place to which the public or a substantial group of the public has Supp. No. 13 1036 access, including, but not limited to; streets, high- ways, roads, Sidewalks, alleys, avenues, parks, and/or the commons areas of schools, hospitals, apartment houses, office buildings, transporta- tion facilities and shops. Remain refers to the following actions: (1) 7b linger or stay at or upon a place; and/or (2) To fail to leave a place when requested to do so by an officer or by the owner, oper- ator or other ' person in control of that place. Temporary care facility refers to a non - locked, non - restrictive shelter at which minors may wait, under visual supervision, to be retrieved by a parent. No minors waiting in such facility shall be handcuffed and/or secured (by handcuffs or other- wise) to any stationary object. (b) It shall be unlawful for a minor, during curfew hours, to remain in or upon any public place within the city, to remain in any motor vehicle operating or parked therein or thereon,, or to remain in or upon the premises of any estab- lishment within the city, unless: (1) The minor is accompanied by a parent; or (2) The minor is involved in an emergency; or (3) The minor is engaged in an employment activity, or is going to or returning home from such activity, without detour or stop; or (4) The minor is on the sidewalk directly abutting a place where he or she resides with a parent; or (5) The minor is attending an activity spon- sored by a school, religious, or civic orga- nization, by a public organization or agency, or by another similar organization or en- tity, which activity is supervised by adults, and/or the minor is going to or returning from such an activity without detour or stop; or (6) The minor is on an errand -at the direction of a parent, and the minor has in his or her possession a writing signed by the parent containing the following informa- tion: the name, signature, address and FROM C-MLLE POLICE DEFT (THU) 07. 22' 99 13: 00'S T, 12: 5 7 iNO, 35601 09096 F 4 OFFENSES — MISCELLANEOUS 4 17.7 telephone number of the parent authoriz- vehicle and/or establishment within the i,ng the errand, the telephone number city during curfew hours is in violation of where the parent may be reached during 17 -7(b), the errand, the name of the minor, and a a. If such investigation reveals that the brief description ofthe errand, the minor's presence of such minor is in viola- destination(s) and the hours the minor is tion of 17 -7(b), then: authorized to be engaged in the errand; or 1. If the minor has not previously (7) The minor is involved in interstate travel been issued. a warning for any throuptb, or beginning or terminating in, the Qx y or 4unariuLwaviiiG, va such violation, then the officer such vi , (8) The minor is exercising First Amendment the minor, whicb shall be fol- rights protected by the United States_Cou- lowed by a written, warning stitution, such as the free exercise of mailed by the police depart- religion, freedom of speech and the right meat to the minor and his or of assembly. her parent(s), or 2. If the minor has previously been (c) It shall be unlawful for a minor's parent to issued a warning for any such knowingly permit, allow or encourage such minor violation, them the officer shall to violate 17.7(b). charge the minor with a viola- tion of this ordinance and shall (d) It shall be unlawful for a person who is the issue a summons requiring the owner or operator of any motor vehicle to know- minor to appear in court (Ref, ingly permit, allow or encourage a violation of Va. Code ¢ 16- 1- 260(liXI ), and 17 -7(b), b, M soon as practicable, the officer shall: (e) It shall be unlawful for the operator of any 1. Release the minor to his or her establishment, or for any person wbo is an em- parent(s); or ployee thereof, to knowingly permit, allow or 2_ Place the minor in a temparary encourage a minor to remain upon the premises of care facility for a period not to the establishment during curfew hours. It shall exceed the remainder ofthe cur - be a defense to prosecution under this subsection few hours, so that his or ber that the operator or employee of an establishment parents) may retrieve the mi- promptiy notified the police department that a nor; or minor was present at the establishment after 3. If a minor refuses to give an curfew hours and refused to leave_ officer his or her name and ad- dress, refuses to give the name (f) It shall be unlawful for any person (includ- and address of his or her par- ing any minor) to give a false name, address, or ent(s), or if no parent can be telephone number to any officer investigating a located prior to the end of the possible violation of this section 1? -7. applicable curfew hours, or if located, no parent appears .to accept custody of the minor, the (g) Enforcement. minor may be taken to a (I) Minors. Before taking any enforcement nonsecure crisis center or juve- action hereunder, an officer shall make an vile shelter and/or may be taken immediate investigation for the purpose to a judge or intake ollacer of of ascertaining whether or not the pree- the juvenile court to be dealt ence of an minor in a public place, motor with in the manner and pursu- Svpp. Na. 13 1037 FROM CHVILLE POLICE DEPT CTHJ)17, 22' 9 13:01 ;'S1. 1:2:57i0. S560189096 r 5 § 17.7 CHARLOTTESVILLE CITY CODE ant to such procedures as re- Sec. 17 -10. Disorderly conduct in public quired by law. (Ref. Va. Code § places. 16.1- 260(H)(1); § 16.1 - 278.6; �$ 16.1- 241(AX 1)). (2) Others. If an investigation by an officer A person i• guilty of disorderly conduct and a reveals that a person has violated 17- Class 1 misdemeanor if, with the intent to cause 7(c),(d) and/or (e), and if the person has public inconvenience, annoyance or alarm, or reck- not previously been issued a waX..Iing with lessly creating a risk thereof, he: respect to any such violation, an officer shall issue a verbal warning to the per- (1) In any street, highway, public building, or son, which shall be followed by a written while in or on a public conveyance or warning mailed by the police department public place, engages in conduct having a to the person; however, if any such warn. direct tendency to cause acts of violence ing has previously been issued to that by the person or persons at whom, indi- person then the officer shall charge the vidually, such conduct is directed; pro. person with a violation and shall issue a vided, however, such conduct shall not be summons directing the person to appear deemed to include the utterance or dis- ci. count. play of any words or to include conduct (h) Each violation. of this section 17 -7 shall otherwise made punishable under this constitute a Class 4 misdemeanor. chapter; or (Code 1976, H 17- 10- 17 -13; 12. 16-96, § 1) reference—Penalty for Class 1 misdemeanor, § ICross +eelc. 1. (2) Wilfully, or beix)g intoxicated, whether 17 -8. Trick or treat visitations; special wilfully or not, disrupts any meeting of curfew on. Halloween. the city council or a department, division (a) It shall be unlawful and a Class 1 misde- or agency thereof, or any school, literary meanor for any person to appear on the streets, society or place of religious worship, if highways, public homes, private homes or public such disruption prevents or interferes with places in the city to make trick or treat visita- the orderly conduct of such meeting or has tions; except, that this subsection shall not apply a direct tendency to cause acts of'violence to chiIdrea twelve (12) years of age and under on by the person or persons at whom, iudi- Halloween night. vidually, such disruption is directed; p:o- (b) A special curfew boar of 10.00 p.m, on vided, however, such conduct shall not be Halloween night is hereby established for the deemed to include the utterance or dis- trick or treat visitations permitted by subsection play of any words or to include conduct (a) of this section. otherwise made punishable under this (Code 1976, § 17 -18) chapter. Cross reference-- Peealty for Class 1 misdemeanor, § 1 -11. Sea 17 -9. Calling ambulance or rescue ap- The person in charge of any such building, place, paratus without cause. conveyance or meeting may eject therefrom any It shall be unlawful and a Class 1 misde- meanor fcr any person without just cause to call or summon, by telephone or otherwise, any am- bulance or rescue apparatus. (Code 1976, § 11 -4) Cross references — Penalty for Class 1 rniedemeaaor, § 1.11; calling fire apparatus without cause, § 12 -3. State Iaw reference—Similar provisions, Code of Vir- ginia, § 18.2 -212. 5upp, No. 13 1038 SUSPENDED STUDENTS WITH PALM BEACH GARDENS ZIP CODES SEPTEMBER,1998 TO PRESENT School Male Female Qut/Sus 33410 33418 Jupiter High 1 0 1 1 0 Suncoast High 3 0 3 2 1 Dreyfoos School of Arts 2 2 4 1 3 Forest Hill High 3 0 3 3 0 Lake Worth High 1 0 1 1 0 PBG High 128 36 164 104 60 Palm Beach Lakes High 0 0 0 0 0 Dwyer High 150 29 179 86 93 Howell Watkins 115 8 123 123 0 Jupiter Middle 15 0 15 0 15 Duncan Middle 240 49 289 30 259 Allamanda Elem 0 0 0 0 0 Timber Trace Elem 2 0 2 2 0 Lighthouse Elem 3 0 3 0 3 Grove Park Elem 4 0 4 3 1 Eisenhower Elem 2 6 8 2 6 Indian Ridge 0 4 4 4 0 Data House II 1 0 1 0 1 Court School 0 2 2 2 0 Sabal Palm School 4 13 17 5 12 Gold Coast Community 7 0 7 6 1 North Tech Ed Center 2 0 2 0 2 Totals 683 149 832 375 457 Juvenile Victim /Arrest Information for P Summary Arrest Information Total Number of Juvenile Arrests 1998 Total Number of Juvenile Arrests made during proposed curfew hours Perentage Victim Information roposed Curfew Ordinance 455 42 9.20% Total Number of Juvenile Victims 1998 213 Total Number of Juvenile victims during proposed curfew hours 10 Percentage 4.70% Total Number of S/37 Juvenile Trouble Calls 23:00 - 24:00 hrs. 64 Total Number of S/37 Juvenile Trouble Calls 00:00 -06:59 hrs. 121 Total 1998 185 Juvenile Victim Information 1998 Offenses 00:00 -06:59 hrs. Number of Victims Theft/Bicycle 1 Harrassment/ex- boyfriend 1 Sexual Battery/Burglary Exceptionally Cird 1 Assault/Domestic Ref. To HRS. 1 Criminal Mischief /Egg Throwing 2 Total 6 Offenses 23:00 - 24:00 hrs. Number of Victims Criminal MischiefNehicle 1 Simple Assault/Domestic Arrest made 2 Sexual Battery Exceptionally Clyd 1 Total 4 Juvenile Arrest Information -1998 Case No. Time Offense 2576 23:15 Battery/Dom/Resist 4458 23:21 Pufod 11495 22:30 Auto Theft (2 juvenile arrests) 16678 22:00 Battery/Domestic 16820 23:27 Battery/Domestic 20752 23:50 Auto Theft 26509 23:30 Battery/Domestic 34448 23:36 Battery/Domestic Total 9 Juvenile Arrests between 23:00 - 24:00 hrs. 1998 Total Juvenile Arrests 1998 Total Juvenile Arrests during proposed curfew hrs Percentage 455 42 9.20% 1536 0:04 Drugs 4461 0:30 Drugs 5519 1:07 Pufod 6894 1:50 Drugs 8103 6:00 Theft 8503 1:00 Auto Theft 13684 0:46 B &E/Res 16223 0:33 DUI 16355 3:46 Resist Arrest W/O Vio 19041 0:18 DUI 19151 0:40 Theft 19748 0:40 Drugs 19860 4:12 B &E/Auto 20408 1:58 DUI 20866 2:35 Stolen Veh /O Dept. 21991 1:45 Poss Alt. DL 21996 2:55 Trespassing /Prowling 22987 0:30 Auto Theft (2 juvenile arrests) 23240 5:22 B &E/Auto /Loitering & Prowling 16353 2:25 Abscond from House Arrest 25896 0:15 Shoplifting 26923 1:22 DYS pickup 29417 4:19 Loitering & Prowling /Poss of Burg Tools 31199 3:17 Stolen Veh /O Dept. 32790 2:13 Drugs 33460 0:11 Drugs 36300 0:13 Shoplifting 37288 5:55 Drugs 37636 0:59 Pufod 37926 6:40 Att B &EBus/Auto Theft/Poss of Burg. Tools (2 arrests) 39395 2:23 Drugs Total 33 Juvenile Arrests between 00:00 - 06:59 hrs. for 1998 d3=00 0C ,lve) PAGE INCIDENTS DATE.... ADDRESS .............................. NATURE........................ DISP 8883528 81/89/98 18888 N MILITARY TR 37- JUVENILE TROUBLE NR 886926 01/18/98 VISIONS 37- JUVEHILE TROUBLE GOA 8007687 01/20/98 TANGLEWOOD 37- JUVENILE TROUBLE GOA 8888588 81/22/98 11303 CAMPUS DR 37- JUVENILE TROUBLE NR 8811540 81/38/98 3968 RCA BY 37- JUVENILE TROUBLE GOA 8811549 81/38/98 HOLLY DR /N MILITARY TR 37- JUVENILE TROUBLE NR 8019993 02/21/98 11125 THYME DR 37- JUVENILE TROUBLE NR 8821682 82/25/98 185 BALLENISLES DR 37- JUVENILE TROUBLE NR 8822355 82/27/98 PGA BV /NURSERY LN 37- JUVEHILE TROUBLE NR 8024829 83/86/98 GARDENS EAST DR /BURNS RD 37- JUVENILE TROUBLE HR 8825189 03/07/98 4388 ARBOR WY 37- JUVENILE TROUBLE NR 8025111 03/87/98 GARDEN LAKES 37- JUVENILE TROUBLE GOA 8827848 83/14/98 3258 NORTHLAKE BY 37- JUVENILE TROUBLE NR 8832978 63/27/98 18860 N MILITARY TR 37- JUVEHILE TROUBLE HR 8035638 04/83/98 PGA PARK 37- JUVENILE TROUBLE NR 8835648 84/83/98 1878 SIENNA OAKS CR E 37- JUVENILE TROUBLE 1666 8838356 64/18/98 4462 HOLLY DR 37- JUVENILE TROUBLE NR 8040589 04/16/98 2555 PGA BY 37- JWENILE TROUBLE UNF 8848939 84/17/98 3181 PGA BY 37- JUVEHILE TROUBLE NR 8840943 84/17/98 3289 GARDENS EAST DR 37- JUVENILE TROUBLE GOA 8048958 04/17/98 6 SHELDRAKE LN 37- JUVEHILE TROUBLE 1866 8041244 84/18/98 4485 TANGLEWOOD E 37- JUVEHILE TROUBLE NR 8043752 84/24/98 SANDTREE 37- JUVENILE TROUBLE NR 8046494 85/81/98 9988 ALT AIA 37- JUVEHILE TROUBLE NR 8851849 85/15/98 3258 NORTHLAKE BY 37- JUVENILE TROUBLE GOA 8852157 85/16/98 10097 RIVERSIDE DR 37- JUVENILE TROUBLE NR 854485 85/22/98 4239 LINDEN AV 37- JUVENILE TROUBLE NR 8056997 85/38/98 4328 LILAC ST 37- JUVENILE TROUBLE GOA 8059123 86185/98 TANGLEWOOD 37- JUVENILE TROUBLE NR 8861264 86/11/98 MIRA FLORES 37- JUVENILE TROUBLE GOA 8861922 06/13/98 GARDENS EAST APTS 37- JUVENILE TROUBLE NR 8864438 06/28/98 GARDENS EAST APTS 37- JUVEHILE TROUBLE NR 8065082 06/22/98 GARDENS EAST APTS 37- JUVENILE TROUBLE NR 8865436 86/23/98 GARDENS OF WOODBERRY 37- JUVENILE TROUBLE NR 8068174 07/81/98 4123 NORTHLAKE BY 37- JUVENILE TROUBLE NR 8874518 07/28/98 BALSAM WHOLLY DR 37- JUVENILE TROUBLE GOA 8874512 87/28/98 4241 LILAC ST 37- JUVENILE TROUBLE NR 8875562 87/23/98 508 IVY AV 37- JUVENILE TROUBLE 60A 8879290 88/83/98 558 RIO VISTA BY 37- JUVEHILE TROUBLE GOA 8079716 88/84/98 9908 ALT AIA 37- JUVENILE TROUBLE 'NR 8881632 88/67/98 18047 DAPHNE AV 37- JUVENILE TROUBLE NR 8881997 88/18/98 APPLECREST DR/BIRDWOOD ST 37- JUVENILE TROUBLE NR 8083111 08/13/98 BEAUMONT LN /ELM ST 37- JUVENILE TROUBLE NR 8083427 88/14/98 PLANT DR /LILAC ST 37- JUVENILE TROUBLE NR 8884415 88/17/98 513 SANDTREE DR 37- JUVENILE TROUBLE GOA 8884417 88/17/98 4320 TANGLEWOOD E 37- JUVENILE TROUBLE NR 8098347 88/31/98 18880 N MILITARY TR '37- JUVEHILE TROUBLE NR 8892343 89/84/98 11178 CURRY DR 37- JUVENILE TROUBLE UNF 8893114 89/06/98 9980 ALT AIA 37- JUVENILE TROUBLE NR 8895275 89/11/98 3181 PGA BY 37- JUVENILE TROUBLE NR 8897834 89/18/98 PGA BV /SHADY LAKES DR 37- JUVEHILE TROUBLE NR 9899153 09/22/98 TANGLEWOOD 37- JUVEHILE TROUBLE NR i ,188392 89/25/98 4176 BURNS RD 37- JUVENILE TROUBLE NR 8188745 89/26/98 588 SANDTREE DR 37- JUVENILE TROUBLE UNF 8188746 89/26/98 4888 TANGLEWOOD E 37- JUVENILE TROUBLE NR 8189898 18/17/98 MARLWOOD 37- JUVEHILE TROUBLE NR 12:36:36 12 MAR 1999 PAGE INCIDENTS DATE.... ADDRESS .............................. NATURE........................ DISP 8115168 18/31/98 1828 RAINTREE DR 37- JUVENILE TROUBLE GOA ,128475 11/13/98 5868 GOLDEN EAGLE CR 37- JUVENILE TROUBLE NR 8128781 11/14/98 2281 SABAL RIDGE CT 37- JUVENILE TROUBLE NR 8128782 11/14/98 1185 DUNCAN CR 37- JUVENILE TROUBLE GOA 8123984 11/21/98 MIRA FLORES 37- JUVENILE TROUBLE GOA 8128188 12/81/98 4325 TANGLEWOOD S 37- JUVENILE TROUBLE NR 8138348 12/25/98 WESTWOOD GARDENS 37- JUVENILE TROUBLE GOA 8148233 12/38/98 18888 N MILITARY TR 37- JUVENILE TROUBLE RPT 64 ITEMS LISTED. 12:36:37 12 MAR 1999 PAGE INCIDENTS DATE.... ADDRESS .............................. NATURE........................ DISP 8088085 01/01/98 RIVERSIDE DR /HOLLY DR 37- JUVENILE TROUBLE NR .882289 01/07/98 3204 MORNING GLORY CT 37- JUVEHILE TROUBLE NR 8002666 01/08198 BENT TREE 37- JUVEHILE TROUBLE MR 8003688 81/10/98 TANGLEWOOD E/N MILITARY TR 37- JUVENILE TROUBLE NR 8084995 81/14/98 3200 MORNING GLORY CT 37- JUVEHILE TROUBLE GOA 8006228 01/17/98 5021 .SESAME ST 37- JUVEHILE TROUBLE GOA 8088681 81/23/98 3368 BURNS RD 37- JUVEHILE TROUBLE NR 8808982 81/24/98 NURSERY LH /PGA BY 37- JUVENILE TROUBLE GOA 8008989 01/24/98 FGA NATIONAL 37- JUVEHILE TROUBLE 1066 8008996 81/24/98 BIRMINGHAM DR /HORTHVILLES 37- JUVEHILE TROUBLE NR 8008999 01/24/98 KEATING DR /NORTHLAKE BY 37- JUVENILE TROUBLE NR 8809051 01/24/98 800 DEL LAGO CR 37- JUVENILE TROUBLE NR 8011137 01/30/98 TANGLEWOOD S/H MILITARY TR 37- JUVENILE TROUBLE MR 8011553 81/31/98 9488 MACARTHUR BY 37- JUVEHILE TROUBLE NR 8011567 61/31/98 HOLLY DR /DASHEEN AV 37- JUVEHILE TROUBLE NR 8811849 02/81/98 9890 ALT AIR 37- JUVEHILE TROUBLE NR 8816949 02/14/98 NURSERY LM/PGA BY 37- JUVEHILE TROUBLE NR 8017279 02/15/98 4085 TANGLEWOOD E 37- JUVEHILE TROUBLE MR 8017283 02/15/98 9980 ALT AIR 37- JUVEMILE TROUBLE GOA 8019671 02/21/98 NURSERY LM/PGA BY 37�JUVENILE TROUBLE HR 8020043 02/22/98 H MILITARY TR /HOLLY DR 37- JUVENILE TROUBLE NR 8828857 02/22/98 LIGHTHOUSE DR /BEGONIA ST 37- JUVEHILE TROUBLE NR 8022364 02/28/98 5681 EAGLE LAKE DR 37- JUVEHILE TROUBLE NR 8022712 03/81/98 TANGLEWOOD 37- JUVEHILE TROUBLE GOA 8824873 83/07/98 521 PRESTWICK CR 37- JUVENILE TROUBLE MR 9025162 03/08/98 18880 N MILITARY TR 37- JUVEHILE TROUBLE NR 830163 63/21/98 PGA BV /RCA BY 37- JUVEHILE TROUBLE HR 8038509 83/22/98 9908 ALT AIR 37- JUVEHILE TROUBLE MR 8833263 03/29/98 600 SANDTREE DR 37- JUVENILE TROUBLE NR 8035252 84/83/98 PGA BV /FAIRCHILD GARDENS AV 37- JUVEHILE TROUBLE MR 8035658 04/04/98 OAKS PARK 37- JUVENILE TROUBLE NR 8036628 84/07/98 COVENTRY LH/RYDER CUP BY 37- JUVEHILE TROUBLE NR 8837112 04/08/98 18913 N MILITARY TR 37- JUVEHILE TROUBLE 108 8037116 84/88/98 506 RIO VISTA BY 37- JUVEHILE TROUBLE NR 8038895 04/10/98 NORTHLAKE BV /I 95 37- JUVEHILE TROUBLE NR 8038993 84/13/98 LIGHTHOUSE DR/ALT AIR 37- JUVEHILE TROUBLE NR 8839424 04/14/98 59 DUNBAR RD 37- JUVEHILE TROUBLE HR 8043781 84/25/98 4245 HOLLY DR 37- JUVENILE TROUBLE NR 8844077 64/26/98 4431 PGA BY 37- JUVEHILE TROUBLE NR 8044098 04/26/98 4431 PGA BY 37- JUVENILE TROUBLE GOA 8047988 05/06/98 4109 NORTHLAKE BY 37- JUVEHILE TROUBLE HR 8848763 05/88/98 9980 ALT AIR 37- JUVEHILE TROUBLE NR 8048792 05188/98 3937 HOLLY DR 37- JUVEHILE TROUBLE GOA 8849131 05/09/98 LAKESPUR CR N /GARDENIA DR 37- JUVENILE TROUBLE NR 8049146 85/89/98 3880 NORTHLAKE BY 37-JUVEHILE TROUBLE NR 8049471 85/10/98 HOOD RD /CENTRAL BY 37- JUVEHILE TROUBLE NR 8849488 05/10/98 9980 ALT AIR 37-JUVEMILE TROUBLE NR 8051870 85/16/98 GARDENS OF NOODBERRY 37- JUVENILE TROUBLE NR 8052158 05/17/98 AVENUE OF THE PGA/PGA BV 37- JUVENILE TROUBLE HR 8854439 05/23/98 4280 NORTHLAKE BY 37- JUVENILE TROUBLE NR 8056416 85/29/98 MORTHLAKE BV /E HIGHLAND PINES BY 37- JUVEHILE TROUBLE HR 9856459 85/29/98 3937 HOLLY DR 37- JUVEHILE TROUBLE NR .057994 86/83/98 12516 NOODMILL DR 37- JUVEHILE TROUBLE NR 8859714 06/88/98 4431 PGA BY 37- JUVENILE TROUBLE NR 8868905 86/11/98 11566 US HY 1 37- JUVEHILE TROUBLE GOA 8062813 06/14/98 108 VISION CT 37- JUVENILE TROUBLE MR 00 . o 0 - G-7 -, 0 0 12:43:47 12 MAR 1999 PAGE INCIDENTS DATE.... ADDRESS .............................. NATURE........................ DISP 8863736 86/19/98 KEATING DR /CRESTDALE ST 37- JUVENILE TROUBLE NR .865887 86/23/98 BEELINE HWY /PGA BV 37- JUVENILE TROUBLE GOA 8866816 86/28/98 18132 PLANT DR 37- JUVENILE TROUBLE RPT 8878982 87/10/98 4185 TANGLEWOOD E 37- JUVENILE TROUBLE GOA 8871565 87/12198 9980 ALT AIA 37- JUVENILE TROUBLE NR 8871581 87/12/98 3958 NORTHLAKE BV 37- JUVENILE TROUBLE NR 8873987 87/19/98 N MILITARY TR /BURNS RD 37- JUVENILE TROUBLE NR 8874899 07/22/98 4241 LILAC ST 37- JUVENILE TROUBLE GOA 8875244 87/23/98 4231 LILAC ST 37- JUVENILE TROUBLE NR 8875574 87/24/98 4158 PGA BV 37- JUVENILE TROUBLE NR 8075618 87/24/98 PGA BV /ALT AIA 37- JUVENILE TROUBLE MR 8875985 87/25/98 LILAC ST /PLANT DR 37- JUVENILE TROUBLE NR 8876876 07/28/98 3888 NORTHLAKE BV 37- JUVENILE TROUBLE MR 8880273 08/86/98 PGA BV /ALT AIA 37- JUVENILE TROUBLE NR 8882788 88/13/98 KEATING DR /CRESTDALE ST 37- JUVEHILE TROUBLE MR 8883437 08/15/98 CRESTDALE ST /APPLECREST DR 37- JUVENILE TROUBLE MR 8883468 88/15/98 4123 NORTHLAKE BV 37- JUVENILE TROUBLE MR 8083772 08/16/98 THE OAKS EAST 37- JUVENILE TROUBLE NR 8883779 08/16/98 4123 NORTHLAKE BV 37- JUVENILE TROUBLE NR 8883796 08/16/98 4431 PGA BV 37- JUVENILE TROUBLE MR 8886333 88/22/98 3968 RCA BV 37- JUVENILE TROUBLE NR 8886749 08/23/98 GARDENS EAST APTS 37- JUVENILE TROUBLE NR 8887966 88/26/98 4288 TANGLEWOOD 37- JUVENILE TROUBLE GOA 8889291 88/29/98 4848 TANGLEWOOD N 37- JUVENILE TROUBLE GOA 8889686 88/38/98 9868 N MILITARY TR 37- JUVENILE TROUBLE NR 8894852 89/11/98 10888 N MILITARY TR 37- JUVENILE TROUBLE MR 895294 09/12/98 4388 TANGLEWOOD S 37- JUVENILE TROUBLE NR 8895637 89/13/98 7160 FAIRWAY DR 37- JUVENILE TROUBLE MR 8897844 89/19/98 GARDENS OF WOODBERRY 37- JUVENILE TROUBLE MR 8097866 89/19/98 3937 HOLLY DR 37- JUVENILE TROUBLE MR 8898182 89/28/98 1381 SUN TERRACE CT 37- JUVENILE TROUBLE NR 8099995 09/25/98 11684 US HY 1 37- JUVENILE TROUBLE NR 8188775 89/27/98 13681 N MILITARY TR 37- JUVENILE TROUBLE MR 8181919 89/30/98 3888 NORTHLAKE BV 37- JUVENILE TROUBLE NR 8181925 89/30/98 MIRA FLORES 37-JUVEMILE TROUBLE GOA 8181949 89/30/98 8924 N MILITARY TR 37- JUVENILE TROUBLE NR 8183515 18/84/98 HILLTOP 37- JUVENILE TROUBLE NR 8188342 18/16/98 N MILITARY TR /TANGLEWOOD S 37- JUVENILE TROUBLE RPT 8188345 18/16/98 18625 H MILITARY TR 37- JUVENILE TROUBLE NR 8112234 10/25/98 3368 BURNS RD 37- JUVENILE TROUBLE GOA 8113393 18/28/98 4358 PGA BV 37- JUVENILE TROUBLE NR 8113865 18/29/98 SUN TERRACE CT /SPRINGDALE CT 37- JUVENILE TROUBLE NR 8115164 11/81/98 18121 CAOBA ST 37- JUVENILE TROUBLE NR 8115418 11/02/98 2488 PGA BV 37- JUVENILE TROUBLE NR 8117695 11/87/98 18913 N MILITARY TR 37- JUVENILE TROUBLE GOA 8118880 11/18/98 4338 LILAC ST 37- JUVENILE TROUBLE GOA 8119283 11/11/98 OAKS PARK 37- JUVENILE TROUBLE UNF 8128183 11/13/98 4245 HOLLY DR 37- JUVENILE TROUBLE GOA 8128486 11/14/98 3584 GARDENS EAST DR 37- JUVENILE TROUBLE NR 8123715 11/21/98 9988 ALT AIA 37- JUVEHILE TROUBLE NR 8123717 11/21/98 4338 LILAC ST 37- JUVENILE TROUBLE NR 9123999 11/22/98 24TH LANE/GARDENA LAKES 37- JUVENILE TROUBLE NR s124326 11/23/98 3896 GUAVA ST 37- JUVENILE TROUBLE GOA 8126862 11/27/98 NORTHLAKE BV /I 95 37-JUVEHILE TROUBLE MR 8126563 11/28/98 3889 NORTHLAKE BV 37- JUVENILE TROUBLE UNF 8126684 11/28/98 4108 PGA BV 37- JUVENILE TROUBLE MR 12:43:48 12 MAR 1999 PAGE 3 12:43:48 12 MAR 1999 INCIDENTS DATE.... ADDRESS .............................. NATURE.................__.____ DIRD 8128253 12/02/98 11586 US HY 1 37- JUVENILE TROUBLE NR 131439 12/09/98 BURNS RD /I 95 37- JUVENILE TROUBLE NR 8132383 12/11/98 10800 N MILITARY TR 37- JUVENILE TROUBLE NR 8133155 12/13/98 3800 NORTHLAKE BV 37- JUVENILE TROUBLE NR 8135270 12/18/98 9900 ALT A1A 37- JUVENILE TROUBLE GOA 8136383 12/21 /98.WESTWOOD GARDENS 37- JUVENILE TROUBLE GOA 8137704 12/24/98 OAKS PARK 37- JUVENILE TROUBLE NR 8137711 12/24/98 GARDENIA DR /HONEYSUCKLE AV 37- JUVENILE TROUBLE NR 8139821 12/30/98 3800 HORTHLAKE BV 37- JUVENILE TROUBLE NR 121 ITEMS LISTED. I Alternative A RESOLUTION 77, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO RESOLUTION 63,1998 APPROVING THE SITE PLAN FOR LOT 1 OF RCA PARK CENTER TO PROVIDE FOR A CHANGE TO THE COLOR OF THE WEST ELEVATION BUILDING WALL SIGN (FACING INTERSTATE 95) AND THE SOUTH ELEVATION BUILDING WALL SIGN (FACING RCA BOULEVARD) FROM BLUE TO # 2283 RED AND REMOVAL OF THE MONUMENT SIGN LOCATED AT THE NORTHEAST CORNER OF RCA BOULEVARD AND NORTHCORP PARKWAY; AND PROVIDING FOR AN EFFECTIVE DATE; WHEREAS, the City Council of the City of Palm Beach Gardens approved the site plan for the construction of a 73,483 square foot hotel on 2.77 acres on, lot 1 of RCA Park Center within the Northcorp Planned Community District by Resolution 63, 1998; and WHEREAS, the City Council of the City of Palm Beach Gardens has received an application from Palm Beach Gardens Hospitality Ltd., to amend the approved building wall signage color for the west elevation building wall sign (facing Interstate 95) and the south elevation building wall sign (facing RCA Boulevard) from blue to #2283 red; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA Section 1. The City Council of the City of Palm Beach Gardens hereby approves an amendment to the plans approved by Resolution 63, 1998 to change the color of the west elevation building wall sign (facing Interstate 95) and the south elevation building wall sign (facing RCA Boulevard) from blue to #2283 red and removal of the monument sign as specified on the March 8, 1999 site plan and located at the northeast corner of RCA Boulevard and Northcorp Parkway. The building is located on 2.77 acres on lot 1 of RCA Park Center generally located at the northeast corner of Northcorp Parkway and RCA Boulevard, within the Northcorp Planned Community District. Section 2. All previously approved plans or specifications in conflict with this resolution are hereby superseded. Section 3. Construction of said development shall be in accordance with the following documents on file with the City's Growth Management Department: 1. June 18, 1999 Elevations, George F. White and Associates, Sheets A -9 and A -10 Section 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF AUGUST, 1999. ATTEST: LINDA V. KOSIER 351", VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK GAShort Range\misc9914.re.A.wpd Resolution 77, 1999 Page 2 JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: August 19, 1999 Date Prepared: July 28, 1999 Subject/Agenda Item: Petition MISC- 99 -14. Consideration for Approval. Hampton Inn Signage Color Change. Chip Carlson, petitioner, is requesting a change in the approved color for the Hannon Inn wall and ground signs, approved by Resolution 63, 1998. Recommendation /Motion: Staff recommends approval of Alternative A of Resolution 77, 1999 Reviewed by:% Originating Dept.: Costs: $_0 Council Action: Attorney City y Growth Management [ ]Approved Finance N/A � $ 0 [ ]Approved W,ca,aa«s Current FY ACM [ ] Denied Human Res. N/A Advertised: Funding Source: [ ] Continued to: Other N/A Date: [ ] Operating Attachments: Paper: [ ] Other N/A Resolution 77, 1999 [ x ] Not Required July 28, 1999 memo Submitted by: Growth Management Affected parties Budget Acct. #:: Director [ ] Notified ( ] None Approved by: City Manager [ x ] Not required BACKGROUND: City Council reviewed this petition at its July 1, 1999 meeting. City Council had a concern regarding the script style and "dark bronze" lettering color on the monument sign. The Council had requested that the lettering be changed from a script style to a block lettering style and "brass" color so that the monument sign is consistent with other approved monument signs within the Northcorp PCD, including the Wackenhut Corporate Headquarters. The petitioner has indicated that the Hampton Inn national office wo d,not permit the requested style of block lettering. The petitioner has indicated that, should the script style not be approved, then they will remove the monument sign. (see attached letter) Chip Carlson, petitioner, has requested an amendment to the two wall signs and ground sign which were approved for the Hampton Inn hotel in RCA Park Center within the Northcorp PCD. The subject wall signs are located on the west elevation wall, facing Interstate 95 -and the south elevation, facing RCA Boulevard. The wall signs were approved as "Hampton Inn Blue ". The petitioner is proposing to change both the south and west facing wall sign color from blue to " #2283 Red ". The ground sign was approved at the RCA Boulevard curb cut with "Hampton Inn Blue" lettering. The petitioner woLdd °alike to change the color of the ground sign lettering to " #313 Bronze ". The subject property is approximately 2.77 acres in size and was originally approved on September 3, 1998 by Resolution 63, 1998. The Hampton Inn is located in the RCA Park Center, which is within the Northcorp PCD. The subject site is located at the northeast corner of Northcorp Parkway and RCA Boulevard (1- 42E -42S & 6- 43E -42S) The petitioner originally agreed to blue lettering during the site plan approval process, due to Council's concern about maintaining uniform color within the Northcorp Planned Community Development. The reason for the requested color change is derived from a corporate decision regarding Hampton Inn's trademark colors. The City Council has maintained the approval of a consistent color scheme of blue and bronze for building signage for the past several projects within the Northcorp PCD. However, there are no code requirements or requirements within the PCD development order requiring such scheme. The discretion for allowing such a color change is therefore left to the City Council. The proposed bronze colored lettering on the ground sign is similar to other monument sign lettering within the Northcorp PCD. It should also be noted that two nearby hotels with signage visible from Interstate 95 have red lettering. These hotels include the Embassy Suites and the Marriott. Red sign color on the Hampton Inn would be consistent with the nearby hotel signage, maintaining some uniformity of color. RECOMMENDATION: Based upon Council direction to achieve uniformity of design within the Northcorp PCD, staff is recommending that the City Council not take action on Alternative B of Resolution 77, 1999, which would approve the monument sign with script lettering and the color change as proposed by Council. (It was this form of the Resolution which was presented for consideration at the July 1St meeting) Rather, staff is recommending that the City Council approve an Alternative A of�Resolution 77, 1999 to allow for only the wall signage color change from blue to #2283 red and removal of the monument sign. The approval of Resolution 77, 1999 Alternative A shall supercede the approval of the monument sign, as documented by the Site Plan dated March 8, 1999. GAShort Range \misc9914.st.wpd Richard W. Carlson, Jr., Esq. 7,,377 Crawford Court Lantana, ) lL 33462 -2511 Phone (561) 433 -0172 Telecopicr (561) 433 -0874 July 28, 1999 Ed Tombari,.Planner Palm Beach Gardens Planning & Zoning 10500. N. Military Trail Palm Beach Gardens, FL 33410 -4698 4 & LNG Iok/NG Via Telecopier & US ?Mail No. 775--1014 Re: Hampton Inn - .MonumOnt.Sign•Letter Style Dear Ed: . This is. to confirm our discussions this. week and two weeks ago regarding the bronze colored script letters on the monument .sign of the Hampton Inn at RCA Boulevard. Promus - the franchisor for the Hampton. Inn-'at RCA Boulevard has riot authorized block *letters. Although they have agreed to bronze colored. lettering for the monument sign,-'they insist that any letters on the monument sign be script. This is a trademarked logo. and they cannot come to terms with block.letters. Based on Council's decision of July 1,. 1999, -there are two opt -ons.. Either allow the bronze script letters'-or deny the monument sigh altogether.. The two red signs on..the west and south side of the building will -remain in any case. Those. signs have been ordered and will be'installed by-the middXe of August. we look forward to the presentation to the Council on August 5, 1994 we will provide you photographs for consideration of theJ.. Council. As always, I appreciate your and all of staff''s assistance on the .Hampton Inn. During the time the building was being finished - my client reported to me frequently that staff was very.helpful in getting the hotel finalized for a timely opening. Should you have any questions .or concerns, or need anything further, please advise. G: Mike Panakos TA �q",4 Richard W. Carlson, Jr., Esq. Nnq-? . b/80PRbT.gq 7.q:T.7 FEET. //_7./L0 Alternative A RESOLUTION 77,1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO RESOLUTION 63,1998 APPROVING THE SITE PLAN FOR LOT 1 OF RCA PARK CENTER TO PROVIDE FOR A CHANGE TO THE COLOR OF THE WEST zs ELEVATION BUILDING WALL SIGN (FACING INTERSTATE 95) AND THE SOUTH ELEVATION BUILDING WALL SIGN (FACING RCA BOULEVARD) -FROM BLUE TO # 2283 RED AND REMOVAL OF THE MONUMENT SIGN LOCATED AT THE NORTHEAST CORNER OF RCA BOULEVARD AND NORTHCORP PARKWAY; AND PROVIDING FOR AN EFFECTIVE DATE; WHEREAS, the City Council of the City of Palm Beach Gardens approved the site plan for the construction of a 73,483 square foot hotel on 2.77 acres on, lot 1 of RCA Park Center within the Northcorp Planned Community District by Resolution 63, 1998; and WHEREAS, the City Council of the City of Palm Beach Gardens has received an application from Palm Beach Gardens Hospitality Ltd., to amend the approved building wall signage color for the west elevation building wall sign (facing Interstate 95) and the south elevation building wall sign (facing RCA Boulevard) from blue to #2283 red; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA Section 1. The City Council of the City of Palm Beach Gardens hereby approves an amendment to the plans approved by Resolution 63, 1998 to change the color of the west elevation building wall sign (facing Interstate 95) and the south elevation building wall sign (facing RCA Boulevard) from blue to #2283 red and removal of the monument sign as specified on the March 8, 1999 site plan and located at the northeast corner of RCA Boulevard and Northcorp Parkway. The building is located on 2.77 acres on lot 1 of RCA Park Center generally located at the northeast corner of Northcorp Parkway and RCA Boulevard, within the Northcorp Planned Community District. Section 2. All previously approved plans or specifications in conflict with this resolution are hereby superseded. Section 3. Construction of said development shall be in accordance with the following documents on file with the City's Growth Management Department: 1. June 18, 1999 Elevations, George F. White and Associates, Sheets A -9 and A -10 Section 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF AUGUST, 1999. ATTEST: LINDA V. KOSIER I: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK GAShort Range\[nisc9914.re.A.wpd Resolution 77, 1999 Page 2 JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT Alternative B RESOLUTION 77,1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO RESOLUTION 63, 1998 APPROVING A SITE PLAN FOR LOT 1 OF RCA PARK CENTER TO,z ., PROVIDE FOR A CHANGE TO THE COLOR OF THE WEST ELEVATION BUILDING WALL SIGN (FACING INTERSTATE 95) AND THE SOUTH ELEVATION BUILDING WALL SIGN (FACING RCA BOULEVARD) FROM BLUE TO #2283 RED AND LETTERING COLOR ON THE MONUMENT SIGN FROM BLUE TO #313 BRONZE; AND PROVIDING FOR AN EFFECTIVE DATE; WHEREAS, the City Council of the City of Palm Beach Gardens approved the site plan for the construction of a 73,483 square foot hotel on 2.77 acres on, lot 1 of RCA Park Center within the Northcorp Planned Community District by Resolution 63, 1998; and WHEREAS, the City Council of the City of Palm Beach Gardens has received an application from Palm Beach Gardens Hospitality, Ltd. to amend the approved building wall signage color for the west elevation building wall sign (facing Interstate 95) and the south elevation (facing RCA Boulevard) building wall sign from blue to #2283 red, and to change the approved monument sign lettering from blue to # 313 bronze; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA Section 1. The City Council of the City of Palm Beach Gardens hereby approves an amendment to the plans approved by Resolution 63, 1998 to change the color of the west elevation building wall sign (facing Interstate 95) and the south elevation building wall sign (facing RCA Boulevard) from blue to #2283 red, and to change the approved monument sign lettering from blue to #313 bronze. The building is located on 2.77 acres on lot 1 of RCA Park Center generally located at the northeast corner of Northcorp Parkway and RCA Boulevard, within the Northcorp Planned Community District. Section 3. All previously approved plans or specifications in conflict with this resolution are hereby superseded. Section 2. Construction of said development shall be in accordance with the following docuents on file with the City's Growth Management Department: 1. June 18, 1999 Site Plan and Sign Elevation, George F. White and Assoc., Sheet A -2 2. June 18, 1999 Elevations, George F. White and Associates, Sheets A -9 and A -10 Section 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF AUGUST, 1999. JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK GAShort Rangelinisc9914.re.B.wpd Resolution 77, 1999 Page 2 CITY ATTORNEY AYE NAY ABSENT CITY OF PALM-BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: August 2, 1999 Meeting Date: August 19, 1999 Subject/Agenda Item: Consideration of Approval: Resolution 86, 1999: ( SP- 97 -03): Christ Fellowship South Site Plan Amendments, a request by Dave Gregg, agent for Palm Beach Gardens Christ Fellowship, Inc. to - consider a petition for site plan amendments for the existing Christ Fellowship religious facility to J obtain site plan approval for the existing second story, to approve additional parking to support additional seating, to obtain a time extension for the existing modular units, to receive approval for a ground sign, and for other site plan amendments. Recommendation/Motion: Staff recommends that the City Council approve Resolution 86, 1999. Reviewed by: Originating Dept.: Costs: $_0^ Council Action: On LL Total City Attorney Growth Management [ J Approved Finance N/A f, t 4 S 0 [ ] Approved w/ conditions 'v/ Current FY ACM �- [ ] Denied Advertised: Human Res., N/A Funding Source: [ l Continued to: Other N/A Date: [ [ Operating Attachments: Paper: [ ] Other N/A City Engineer memo of [ t ] Not Required June 22, 1999 City Forester memo of June Submitted by: 17,1999 Growth Management Dir. Affected parties Budget Acct. #: Kimley -Horn analysis of June 15, 1999 Reduced plans, landscape plans, and drainage plans [ J Notified Resolution 86, 1999 [ J None Approved by: City Manager [ s 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- -41orse stables to the City's zoning classification of RL -1 Single Family Residential District with a conditional use for a church and an accessory use of a preschool. On Fuary 7, 1991, by Resolution 13, 1991, the site plan proposing the improvements of the Christ Fellowship Church,' "`'" was approved by the City Council. This original approval provided for a 1 -story sanctuary building containing 300 seats, a "caretaker's residence ", and 92 parking spaces (80 grass and 12 paved). The site plan showed 56% open space. 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. Part of this application is a request to extend the life of that temporary conditional use; if this application is denied they will have to be removed because the original date has expired. 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 its 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. After assurances from the representatives of the church that they would proceed with good faith efforts, it was agreed to allow for "retroactive" approvals. Two years later, these amendment requests are being processed as CU -97 -04 and SP- 97 -03. During 1997, the project proceeded very slowly through the review process. The project did not meet concurrency, for example, until August of 1997. During review of the petition, staff gradually became aware that the scope of the project had greatly exceeded its original development order. Finally in January of 1998 the applicant submitted a site plan which showed 800 seats rather than 300, a sanctuary of 2 1, 100 square feet, and a parking lot showing 229 spaces (with off -site parking). Finally staff could undertake a realistic review of this project. Staff spent 1998 trying to obtain enough information from the petitioner to conduct a thorough review so that the project could be sent to the Planning and Zoning Commission and City Council. Nearly every request for information resulted in slow responses, inadequate and/or conflicting plans and documents, and a repeat of the same pattern when further information was requested. In May and again in July 1998, Development Review Committee meetings were held, but serious problems with the submitted data and information remained. Finally, on January 12, 1999, this project was reviewed by the Planning and Zoning Commission. The Commission discussed the history of this project at length, especially in light of Christ FellowshipUs proposed expansion on its new site on the north side of Northlake Boulevard. The Commission was especially concerned with the intensity of use at this site, and with the resulting parking and traffic circulation issues. Mr. Gregg, representing Christ Fellowship, indicated that the south property would no longer be used for worship services once the north property is completed. Instead, the south property would then be used as a chapel for weddings, smaller meetings and other functions. As noted by Planner Bahareh Keshavarz to Mr. Gregg in a memo dated January 29, 1999, the Commission had several other questions and concerns (see attached memo).` On April 27, 1999, the project was again reviewed by the Planning and Zoning Commission. Staff presented what were considered to be the major issues: traffic concerns, drainage, parking, the expansion of the use, and septic system concerns. Staff suggested a number of conditions of approval to address this site's problems, including the elimination of 15 parking spaces which do not meet code, the calculation of required parking at a rate of 1 space per 3 seats, and others. The petitioner's agent recognized staffs concerns and even agreed to abide by staff's conditions of approval after the north campus opens. In other words, the petitioner is proposing that the City not insist on the immediate resolution of this site's code problems, but that we wait until the north campus opens, at which point they will comply with all of our requests. At the April 27 meeting, the Planning and Zoning Commission focused on several matters: 1. Simultaneous services on the north and south campuses 2. Was the sanctuary properly designed for 800- -i.e., are there enough toilets 3. Phasing was discussed at length, with phase 1 being what is there today and phase 2 being what will occur when the north campus opens (approximately Christmas of 1999) 4. Should off -site parking continue 5. Should we impose a "date certain" for phase 2 Ultimately the Planning and Zoning Commission accepted the petitioner's argument that we should wait until the north campus opens and require the resolution of this site's problems after that opening, on the assumption that the majority of the church's operations will shift to the new campus and the old campus will be able to scale back. However the Commission was not willing to pass this matter on to the City Council until they had a full site plan package to review, including landscape plans. The Commission also wanted to see a phasing plan. In response, the petitioner submitted phased site plans, landscape plans, and drainage ohlhs:° °Phase I represents the site in its temporary configuration- -that is, after City Council approval but prior to the opening of the north campus. The petitioner's revised plans have eliminated the 15 parking spaces on the basketball court that are not code- compliant, and have added six spaces elsewhere, for a total of 192 spaces. Phase 1 continues to calculate parking at 1 space per 4 seats. Therefore the plans show 768 seats, the modular units, 'and a driveway connection to the Church of the Nazarene site to the west. Phase 2 represents the ultimate configuration after the opening of the new campus, and shows 576 seats, no modular units, and the same 192 parking spaces, and the closing of the cross access to the neighboring church. Phase 2 accedes to staff's request to calculate parking at 1 space per 3 seats, thus resulting in a reduction of 192 seats from Phase 1. This project was again reviewed by the Planning and Zoning Commission at its June 22, 1999 meeting. At this meeting, the Commission again reviewed the project in depth, including a number of revised documents submitted by the petitioner. These documents included a pluming fixture certification from the project architect, an analysis of the traffic and driveways on Northlake Boulevard, phased site plans, phased landscape plans, and phased drainage plans. Based upon these documents and a letter from the City's consulting engineers indicating that their concerns were all satisfied or conditionally satisfied, the Planning and• Zoning Commission voted to recommend approval of these petitions to the City Council. The Commission also added two recommended conditions of approval to those suggested by staff. On July 15, 1999, the City Council reviewed Christ Fellowship in a workshop/ I' reading. Resolution 86, 1999, which specifically applies to the site plan for this project, was not reviewed since site plans can only be approved after a conditional use has been granted. DISCUSSION A. Land Use and Zoning The current land use designation for the subject site is Residential Low (RL) with a Residential Low Density -I (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. Traffic Concurrency The project was reviewed and approved for traffic 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. C. Public and Private Services The City's Development Review Committee (DRC) discussed the request at their May 7, 1998 and July 23, 1998 meetings. A listing of the various departmental comments is attached-for-your review. 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 -1) 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 Church Conditional Use Yes Lot Coverage (35 %) 13.8% Yes Parking 200 Spaces 201 spaces Yes Front Setback: 35' 250' i 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 includingthe grass parking * A shed in the southwest corner which will be relocated in Phase 2. D. Procedure This is a request for a site plan amendment. The request is reviewed by the Development Review Committee, which forwards comments and recommendations to the Site Plan and Appearance Review Committee. Acting in an advisory role, the Committe makes a recommendation on the proposed request to the City Council. The City Council reviews the request for site plan for consideration of approval, approval with conditions or denial. Please note that this petition relies on the expansion of the church use (number of seats) which will be reviewed by the City Council as an amendment to the conditional use (CU- 97 -04) by consideration of Ordinance 34, 1999 found elsewhere on this meeting agenda. This petition requires changes to the elevations, setbacks and other physical site plan changes and the signage, and will be reviewed as a site plan amendment to SP- 97 -03. The time extension for the modular units will amend SP- 97 -03. E. Project Details The petitioner is proposing to amend the approved conditional use and site plan for Christ Fellowship Church to correct the inconsistencies between the approved project and the existing situation at the current Christ Fellowship site. The site plan was approved in 1991 for a 15,825 square foot, I -story, 300 seat religious facility. Today Christ Fellowship site contains a 2 1, 100 square foot, 2- story building with 800 seats, a driveway connection to the Church of the Nazarene's parking lot, an exit (right out) at the northeast corner of the site, and a youth center that was originally approved as a residence. The size of the approved residence building was 2,196 square feet, whereas the existing building is 4,009 square feet in size. The proposed site plan and use changes reflect the following: Expansion of Conditional Use (to be reviewed as CU- 97 -04, Ordinance 34, 1999) Increasing the number of seats from 300 to 768 (192 of which are temporary).._; Changing the use of the residence building to a youth center. Site Plan Amendment • Approving a driveway connection to the Church of the Nazarene and sharing parking with the Church of the Nazarene. • Approving a right turn only exit at the north east corner of the site. • Approving additional parking to support the 768 seats. • Approving a second story for the existing house of worship. • Relocating the existing sheds to be consistent with the existing building setbacks on the site. • Approving a project identification sign at the entrance to the site. .Approving additional grass parking. Time Extension Approving a time extension for the 3 modular units until the occupation of the north campus. As noted above, the applicant has now submitted phased plans as requested by the Planning and Zoning Commission. The first phase is an "as is" plan except that it shows 768 sea g-instead of the 800 seats which actually exist now. Phase 1 represents their commitment to remove the .15 parking spaces which are not code - compliant. The loss of parking requires a loss of seating. - Phase 2 represents the project as it will be after the opening of the north campus (currently expected by Christmas of 1999), with the removal of the modulars and the scaling back of the intensity of use on the site. Additional landscaping is called for in Phase 2 to bring the site into compliance with today's code. Staff is proposing a condition of approval that will require the installation of the new landscaping within 30 days of the approval of Phase 1, :rather than waiting for Phase 2. ISSUES: The illegal and unpermitted expansion of this project presents a number of issues which need to be considered by the City Council: 1. TRAFFIC The applicant has submitted a traffic statement which indicates that the expansion to 800 seats '`will not cause the level of service standard for Northlake Boulevard to be exceeded ". However, the nature of this use is such that the City should also consider peak hour trips as well as average daily trips. Staff concern is that simultaneous use of the north and south properties for church services could result in so many vehicles on Northlake Boulevard at the same time that traffic control measures could be overwhelmed. In response to this concern, the petitioner has submitted an operational analysis of the driveways on Northlake Boulevard which establishes that the site will demonstrate "very acceptable levels of set-vice" even after the opening of the north campus. The petitioner has indicated to staff that, once the north campus is open, the south campus will no longer be used for regular religious services. Staff recommends a condition of approval to this effect. 2. DRAINAGE The petitioner has given the City drainage plans for the site representing both current conditions and the buildout of the Church of the Nazarene site. The drainage scheme relies on the use of an off -site treatment facility on property owned by the Church of the Nazarene. In such cases a formal drainage agreement should be secured between the two parties. 3. PARKING Staff's parking concerns with this project fall into two areas: the overall number of spaces provided, and technical problems with some of the spaces on the property. Overall Numbers: Current City code calls for 1 space per 4 seats in the principal building. The site currently contains 800 seats (600 permanent, 200 temporary) which would require 200 spaces. The site has 201 spaces, of which 62 are paved and 139 are grass. Therefore the plan technically complies with the code. However, 15 of the spaces are not code - compliant (see discussion below). The petitioner also has a cross parking agreement with the Church of the Nazarene immediately to the west which allows them to use 104 of their spaces. These spaces are available for "overflow" parking for Christ Fellowship, but the agreement between the two parties is subject to termination at anv time "upon written notification to the other ". Furthermore, Sec. 118 -421 of the City code states that "off-street parking for non - residential uses as required by this article shall be located on the same building site as the uses they serve ". Therefore these off -site spaces cannot be considered in any examination of Christ Fellowship's parking situation. City staff is in the process of re- evaluating the number of spaces required for churches, and is currently recommending I space /3 seats (see discussion below). The north campus was approved at 1 space per 2 seats. One space per 3 seats is the number used by Palm Beach County and many other governments for churches. The possible need for more parking is indicated by the September 1997 Traffic Study of Christ Fellowship prepared by Miles Moss & Associates, Inc. which found that "vehicle occupancy rates are lower than Code expectations of 4 people /vehicle, as observed rates range from 1.92 to 2.13 people /vehicle ". Observations also indicate that the "overflow" parking at the Church of the Nazarene is heavily used. Indeed, the fact that Christ Fellowship felt the need to obtain the use of this extra parking :shows that the petitioner is not finding its on -site parking to be adequate. This may be due to the fact that the church has multiple services on Sunday morning, and worshipers for just - concluded services have not vacated the lot before worshipers for the next service arrive, leading to an overlap. Parking Rate_ In the latter half of 1998, City of Palm Beach Gardens Planning and Zoning staff did a considerable amount of reseach concerning church parking rates as part of a proposed new church ordinance. The following are some highlights from that research. Staff reviewed a publication produced by the American Planning Association called Off- Street Parking Requirements: A National Review of Standards (Planning Advisory Service Report #432, ed. David Bergman). This study gathered and analyzed 127 zoning and parking ordinances fi-om all over the country. For churches and other places of worship, standards ranged from I space per 8 seats to 1 space per 2.5 seats. The most common standard was 1 space per 4 seats. This conclusion is not altered when several of the smaller municipalities are deleted from the analysis and only larger areas (such as Palm Beach Gardens) are left. One possible flaw in the above study is that it was published in 1991 and hence may-not be reflective of the " cnegachurch" phenomenon (assuming that larger churches have higher parking demands than smaller ones, which may not be true). Therefore staff has reviewed a variety of parking ordinances which have been prepared or revised since 1991: Location Hillsborough County, FL Port Oi ange, FL Collier County, FL Fairfax, VA Portland, OR Selected North Carolina jurisdictions Palo Alto, CA St. Charles, LA Parking Standard 0.3 spaces /seat 1 space /3 seats in main area (fixed) 1 space /30 s.f in main auditorium (removable) 3 spaces /7 seats in chapel or assembly area (may be reduced to 1 space /4 seats by ZBA) 1 space /4 seats (may be reduced if off -site parking available) I space /100 s.f in main assembly area range: 1 space /4 seats, to 1 /space /4 seats + 2 spaces /3 employees, to 1 space /8 seats 1 space /4 seats, based upon maximum use of all facilities simultaneously 1 space /4 seats, or 1 space /72" of bench seating We also looked at our immediate neighbors. Palm Beach County uses a standard of 1 space /3 seats, with any schools or gymnasiums being calculated separately. West Palm Beach uses 1 space/ 100 s.f in the main assembly area, plus 1 space/ 1000 s. f. of any other assembly areas such as Sunday schools. Finally, we reviewed information from Jim Schwab, who is one of the editors of Zoning News and is an authority on megachurches. In a communication to the former Growth Management Director, he says "Overall, one parking space per 3.5 seats in the main sanctuary or auditorium seems to be an emerging standard..." but the proper standard could be lower for churches that are not "family- oriented ". Each church's demographics should be analyzed. Incidentally, most of the larger existing and recently- approved churches and places of worship in Palm Beach Gardens use a standard of 1 space /4 seats; including both the existing and proposed Trinity United Methodist, Gardens Presbyterian, and Temple Beth David. St. Ignatius Loyola (proposed) is about 1 space /3.3 seats. St. Marks is about 1 space /6 seats, but this ratio will improve with the new ballfield addition with its associated parking. Based upon all of the above research, and attempting to apply it to our local conditions and the.. . particular circumstances of Christ Fellowship, staff is recommending a parking ratio of l space /3 seats in the sanctuary auditorium. This.standard is more conservative than our current rate of 1. . space /4 seats and parallels national trends toward somewhat higher parking standards for churches. This standard is the same that was recommended by former staff when they researched this issue in 1998, except that they also recommended requiring additional spaces for "other accessory uses ... when applicable ". By this they meant schools, day care, meeting halls, and offices. However none of these uses should be taking place at the same time as church services, except Sunday school, which should not generate the need for any additional parking. If the church plans a significant youth program for young people old enough to drive, which would be held simultaneously with the adult services during peak use times, additional parking for that use could be appropriate. Technical Problems: The great majority of the spaces on site (136 of 201) are grass parking. Grass parking is allowed by Sec. 118 -478, subject to meeting technical criteria, submission of an application, and approval by City Council. In all cases, aisles must be paved; only the spaces themselves can be grass. Grass parking areas are subject to the same dimensional, landscape, and other code requirements as regular spaces. The site currently contains 15 grass parking spaces in the area of the basketball court between the existing modular buildings and a proposed drainage swale. These spaces do not meet the technical requirements for dimension, back up area, access drive width, access drive paving, and landscaping. Therefore the City Engineer and the planning staff have recommended that they not be permitted unless they are improved to meet code. As an alternative, the petitioner can request a variance to allow these spaces even though they c'o not meet code. Prior to the last Planning and Zoning meeting, the petitioner submitted plans which call for the removal of these 15 spaces. Six spaces have been added in other areas, so there will be a net loss of nine spaces. 4. USE EXPANSION The original conditional use and site plan applications were for 300 seats in a 15,825 square -foot, 1- story building. The approval also included a separate "caretaker's residence" of 2, 196 square feet and parking for 92 cars. Today the site contains 800 seats in a 2 -story building of 2 1, 100 square feet The "caretaker's residence" has become a 4009 square -foot youth building. The site has also gained 3,336 square feet in modular buildings and 915 square feet in sheds, for a total square footage of 29,360 (An earlier request by the petitioner for 3,264 square feet of additional modular space has been withdrawn.) As discussed above, the site now contains 201 parking spaces. This site is at, if not over, capacity. If the City Council approves this requested use expansion and site plan amendment, staff suggests a condition that at least 192 of the seats be removed upon the opening of the north campus. 5. SEPTIC SYSTEM This site is still serviced by a septic tank. Presumably it is the same system that was installed back when the church had 300 seats. The City needs to be assured that this system is functioning properly and that it has enough capacity to service the current uses on this property. The City Engineer has determined that the present capacity of this site (800 seats) surpasses the threshhold requiring the project to tie into public sewer if it is available. This will be true even after the petitioner reduces the number of seats to 768 (phase 1) and then to 576 (phase 2). Therefore staff is suggesting a condition of approval which will require the petitioner to tie into the nearest public sewer, which is presently on the north side of Northlake Boulevard, within a reasonable time period after their occupation of their new campus. Staff is not insisting upon immediate hook -up because the sewer line will not become available until the completion of the Christ Fellowship North project. SUMMARY: Staff is recommending the adoption of a parking standard of 1 space /3 seats for this project. The effect of this change and the net loss of nine parking spaces would be to allow 192 parking spaces at a rate of 3 seats per space for a total allowed capacity of 576 seats. Staff is also recommending several other conditions of approval (see below). Assistant City Engineer Tammy Jacobs has reviewed the project and has recommended that the applicant pave the existing on -site stabilized crushed rock drive aisles. She has also requested that the project's drive aisles be properly dimensioned, and she wants to see a recorded cross drainage agreement between Christ Fellowship and the Church of the Nazarene. RECOMMENDATION: Staff recommends approval of SP -97 -03 with the following Conditions of Approval: 1. The Conditions of Approval of Resolution 13, 1991 remain in effect (most have been fulfilled). (Development Compliance Officer) 2, Within 30 days of the adoption of this resolution, the petitioner shall: A. Pave all parking aisles per City code. 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. Landcsaping 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 occurs first, 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. (Development Compliance 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 extend the sewer line from the north side of Northlake Boulevard to this property and tie this project into the public sewer system. DEPARTMENTAL COMMENTS PETITION SP -97 -03 ENGINEERING: See staff report and attached. BUILDING DIVISION: No objections. PLANNING AND ZONING DIVISION: See staff report and City Forester memo.. POLICE DEPARTMENT: No objections. FIRE DEPARTMENT: No objections. PARKS AND RECREATION DEPARTMENT: No objections. SEACOAST UTILITY AUTHORITY: No objections. -'short: ,p9701ce.sp.doc �jnKjl — — — — — — — — — — — ---- 7— NORTHLAKE BLVD. - — -- — -- — -- TT ozM T Ill 1-y- z I Fa 3 - - - - - - - - - - - - - - - — M CANAL CD S, o ��� bpi � ��f II II 7T ; WRPOUT ERIN NP. 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NORTHLAKE BLVD. m > 0 — __—•_— __— __— __— __ —__—. - — -- — - — -- — -- .................... ....................... ........ GHLiRCH (un) c DD m Z m m ......................... ...... > nom M z M M P . .................................... ................... ........ . ZRTHE7RN PALM BEACH ... COUN ..... 1•''•_11.1 TY IMPROVEMENT DISTRICT CANAL CANAL NO. 1 z m 0 ED m CHRIST FELLOWSHIP CHURCH Ig '\ r M.. CHURCH OF THE NAZARENE XENNM H. YIPUOEIZ, P.E. (EAVINCI NAZARENE sm) CONCEPTUAL DRAINAGE PLAN P, 0 O 1 A- Y'FNNEM H. YlzuqEg, P.E. • CONCEPTUAL DRAINAOE PLAN, on | | � ' , , U x x x x U x o c � y x x x : X � v/ � x n ' : k � � x x : : U |« � x x� � x x « U x � o � ,| � x x ' � ,| � x x : x X x u x : � x v ; � x o x : X o x : : | / x ; � � ~ ^� � .| l | I T— ���v� |||||||||||||||||��� ' f l� Y1 �' u�18 � ��� 1� X|�| � ||�||�|1�1/||���| �� � u � u r � � � � � r v � ' 0 .. 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NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT CANAL CANAL NO. 1 r- 0 0 m I m r 6- - -- m> m I r CHRIST FELLOWSHIP CHURCH CHURCH OF THE NAZARENE CONCEPTUAL DRAINAGE PLAN m I m r 6- - -- m> m I r CHRIST FELLOWSHIP CHURCH CHURCH OF THE NAZARENE CONCEPTUAL DRAINAGE PLAN KENNET74 R. KIZUQEIZI PX] 43=..A , ilp6 l A CHRIST FELLOWSHIP CHURCH ^�++ ■■ p tl CXURC HUO`FB HNAZARENE 4 KENNM H. KRUC7rRe ^!0 r, Q 11 CONCEPTUAL DRAINAGE PLAN lo ene ^[vei^elf eVlfe lOe uMgo^M. no^io^ aaM Ia+t+eeaon �. }..«nlwvn,a, vrtnu «o.eu ro. v.< t L fill I I 1 � a, x CHRIST FELLOWSHIP` & AS=Gtes, A.I.A., P.A. THOMAS MLILLM PASTon Architects • Planners PALM BEACH OAnDENS. MOn.A >ot Cenra AtA)raWeNby . Sire lap . H.IWlwMle.Bdkb UppO Ip05)112.111 T i- L ¢� o 'j IANc - E a I I 1 � a, x CHRIST FELLOWSHIP` & AS=Gtes, A.I.A., P.A. THOMAS MLILLM PASTon Architects • Planners PALM BEACH OAnDENS. MOn.A >ot Cenra AtA)raWeNby . Sire lap . H.IWlwMle.Bdkb UppO Ip05)112.111 T i- L ¢� o 'j ! 1g, 7 -1 i M r, M 5 z II it Inah�l' CHRIST FELLOWSHIP THOMA9 Mull M! PnlTOR Fit JUN -22 -1999 1 7:38 LBF&H - STUART 561286 3925 P.e2ie3 1 Ubfh LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSOLTING £NGINEECiS, SURVEYORS 8 MAPPERS MEMORANDUM TO: Kim Glas PROM: Tammy Jacobs DATE: June 22, 1999 (Supercedes comments dated June I$, 1999) SUBJF,CT: Palm Beach Gardens Christ Fellowship (LBFH File No. 90 -1033) _ We have reviewed the revised Conceptual Drainage Plan prepared by Kenneth H. Kruger and revised Site Plan prepared by Glenn Pate received June 19, 1999. We offer the following comments: 1) Conditionally Satisfied. The applicant has submitted a cross - section detail of the proposed on -site stabilized rock drive aisles showing the overall width meeting LDR Section 118 -475, asphalt, base and subgrade specifications meeting LDR Section 114- 206 and slopes to show the storm water runoff conveyance. Prior to City Council approval, the applicant will need to revise the cross- section detail to show a minimum 24' drive aisle width mccting the requirements of LDR Section 118475. 2) Conditionally Satisfied. The conceptual drainage plan does identify the standard grass parking spaces as 10' x 18.5'. Prior to City Council approval, the applicant will need to revise the cross- section detail to show a minimum 24' drive aisle width meeting the requirements of LDR Section 118475 as previously stated in comment number 1. 3a) Conditionally Satisfied. It appears that there is a conflict between the proposed "ultimate build -out" of the dry detention area and the existing temporary modular unit. As a condition of the issuance of the certificate of occupancy for the proposed Christ Fellowship Church located north of Northlake Boulevard, the temporary modular unit shall be removed. 3b) Satisfied. The applicant has removed the proposed "staff parking" spaces surrounding the existing basketball court eliminating the conflict between the "staff parking" spaces and dry detention area. 4) previously Satisfied. 3550 S.W. CQRPORATF PARKWAY • PALM Or Y, ft..0rMA34990 • (561) 2863E3Es3 • FAX: (561) 266.3925 mlpJ/wwwAAtc= • R -mari: lnfoEabflLOOM . -- M M OTY WEST PALM 100.31 MAT PIERC . OKEEC HOOEE JLN -22 -1999 17 =38 LBF&H — STUART 561 28S 3925 P.03iO3 Palm each Gardens Christ Fellowship u3FH File No. 90 -1033 Page 2 of 2 5) Conditionally Satisfied. The off -site drive aisles shall be abandoned and restored to the satisfaction of the City prior to receiving the certificate of occupancy. for the proposed Christ Fellowship Church located north of Northlake Boulevard. 6) Conditionally Satisfied, Prior to construction plan approval, the applicant shall provide a copy of the approved PBC permit allowing the paved connection to the existing paved apron at the right -only curb out on Northlake Boulevard. 7) Satisfied. The applicant has eliminated the proposed 15 additional grassed parking spaces (staff parking) around the basketball court. 8) Conditionally Satisfied. The applicant has submitted certified water quality and quantity calculations during the site plan review process. Engineering has performed a courtesy review of the calculations but will perform a more in depth review of the calculations during construction review. Prior to construction plan, all water quality and quantity calculations shall be reviewed and found acceptable by the City Engineer. 9) The applicant has voluntarily submitted an operational analysis of the driveways accessing the north and south Christ Fellowship Churches in response to City concerns. The analysis has bee transmitted to the City's Traffic Consultant for a courtesy review. We will issue comments once the review is completed and comments are received. 10) Conditionally Satisfied. Prior to City Council approval, the applicant is will need to submit a recorded agmement with the property to the west, allowing the applicant to utilize the offsite drainage canal located on the adjacent property. ri P ;%PaGMEMa1033L.d0c e: Bobbie Herakovich Roxanne Manning TOTAL P.03 n Memo to File Date: From: Re: June 17, 1999 Mark Hendrickson, City Forester. SP- 97 -03, Christ Fellowship I have reviewed the above - referenced petition submitted June 17, 1999. The following are my comments: • There is an existing light along the eastern property line that should be removed and replaced with a light similar to the new light pole design. • The proposed drainage plan is in conflict with an existing Ficus tree, shed and fencing. Based on the above comments, I recommend that after the trailers are gone, I will work with the applicant and the engineers to save the Ficus tree and provide adequate drainage. [ • 06/16/99 I0:54 FA.1..56188MU3 �UUL /OIO '►'j � � IGmley -Hom ' `,.,] i• and Associates, tae. old June 15, 1999 a '� c, �. ear fi' K Pastor Thomas D. Mullins 4491 Embavalm trh,e Palm Beach Gardens Christ Fellowship Church hest Pam seam, FWA 5212 Norddake Boulevard k�o7 Palm Beach Gardens, Florida 33418 Re: Palm Beach Gardens Christ Fellowship Church Palm Beach Gardens, Florida Dear Pastor Mullins: As requested, yimlcy- -Horn and Assoeiat. c, Inc. has performed an operational analysis of the driveways accessing the north and south campuses of the Christ Fellowship Church- An 800 seat church (600 permanent, 200 temporary) currently exists south of Norti,lake Boulevard. A 1,750 seat church is currently under construction north of Northlake Boulevard, opposite the existing church. When construction is completed the temporary seats in the south church will be removed. It is assumed that the south church will remain in operation even.though Christ Fellowship does not intend to operate the south campus with church services. Access to the south campus is provided via-two full- access driveways (west and central driveways) and one right -out only driveway (east driveway) on Northlake Boulevar(L The central driveway is conuolled by two off -dusty police officers during Sunday services. Access to the north campus will be provided via one full access driveway (across from the south campus' west driveway) and one right -in, right -out driveway Gust west of the south campus' central drivewway) on Northlake Boulevard. The central and east driveways accessing the south campus an'll remain open after completion of the north campus construction. 'The west driveway will be closed to south campus traffic. Existing conditions were quantified for Norihlalao Boulevard and the church driveways. Machine counts were performed on Northlakc Boulevard adjacent to the church from Friday. May 21 through Sunday, May 23 to quantify traffic volumes on Nord - ake Boulevard during the time periods when Christ Fellowship is currently and will have Sunday church services. Manual turning movement counts were performed at the church driveways on Sunday, May 30 to quantify church traffic during the church's peak operating periods. The existing church was found to generate approximately 665 trips during the peak operating hour on Sunday morning Existing conditions were evaluatod using the signalized intersection methodology set forth in the 1994 Highway Capaetty Maracal. SNidi traffic control being performed by offduty police offices, the driveways operate similar to demud :R � RI MGM f FAX WI 60 IM • ,06/1S/99 16:55 FAX 5618823703 CIMMn KMay -{am no and Associates, lac, r•docit— s q k( ACLI,I— ts. Ws.T -V 2 activated signalizod intocseatione. 11= existing driYaways weed -found to ba operating et acceptable levels of sorviee. Zlus was Con' jacd daring a visit to the site during the peak operating hour. Attachcd are intersection capacity analysis vtvrl,sheets which indicate vay ncecptable levehs of servicc on Sunday monri ng. Btadoat couditims were cstimated tbrough iubCJWlation of the existing church trAIMc• Bch officials have agreed, not to hold dimultancom a=vices, however. to prescat a. conca native gnalydg the proposed driveways were analyzed as if both the north and south ==qn aca operate at full capacity With the sazac schedule for church services. It was found that all proposed driveways will operate at acceptable lcvris of sen ioe based tgan, eigmlizod intemcliou capacity analyses. Attachcd are intdtscafion capacity ttrtalyttis worlMhcets which indicate very acceptable levels of service out Sunday mornings oven if church services occur on bath campuses at tha same time. ' We should Date dw the traffio conctu=cy issues for the south campus are indcpendeat of cmcu cxxucy issues for the north eau We Anuld ales u0tc that the eoncurreney sppra'val far the north campus did not aamma fiat the south campus ceased to fianetiom In fact.. the north campus two was added to e:dsling traffic volumes which inoludc traffic fznm the south campus. Therefore, traffic concua,.vncy is not an issue. It has been a pleasure working with you on f6ln project. If you have any questions. please do not hesitate to caU. very truly yours. Florida RCEAt aeon Nmmber 19562 Aft C? tut8 :i ,^ (0003 /010 06/15/99 16:55 FAI 5618825703 Q004/010 IICM: SIGNALIZED INTERSECTION SUMMARY Version 2.4f 06 -13 -1999 fi;> Kimley -Horn And Associates, Inc. ..r CCC.- ..CCCC L•� =CCL'Cr=.C6'CC rCs sCL' ..t�Ot�.tGC�CJtCtCC��..C.�CCC L'L'.. r. =CCC =��i'. -G C�.�...�L�= (E -W) Horthlake Boulevard Streets: (N -S) West Driveway File Name: WAMEX . HC9 Analyst: KT3A Area Type: Other 6 -11 -99 AM•Peak Comment: Existing Conditions, Sunday AM Peak Northbound Southbound Eastbound Westbound L T R L T R L T R L T R No. Lanes -0 > 0 -< 0 0 0 0 0 3< 0 1 3 0' Volumes 31 102 1259 10 7 1022 Lane W (ft) 12.0 12.0 12.0 12.0 RTOR Vola 0 0 0 Lost Time- 3.00 3.00 3.00 3.00 3.00 3.00 --- - - - - -r - - - - -- Signal Operations . Phase Combination * 2 3 4 5 6 7 8 NB Left ED Left Thru Thru Right * Right Peds Peds SB Left WB Left Thru Thru Right Right Pedn Peds 'ED Right NB Right WE Right SB Right Green 6.OA Green .26.OA Yellow /AR 4.0 Yellow /AR 4.0 Cycle Length: 40 secs Phase combination order: #1 #5 ------------ - - - - -- Intersection Performance Summary bane Group: Adj Sat v/c g/C Approach: Mvmts Cap Plow Ratio Ratio Delay LOS Delay LOS - -- NE LR 257 1467 O.S45 0.175 11.6 B 11.6 B ED TR 3767 5581 0.390 0.675 1.9 A 1.9 A. WE L 186 276 0.038 0.675 1.4 A 1.7 A T 3772 5588 0.314 0.675 1.7 A Intersection Delay - 2.3 sec /veh Intersection LOS A Lost Time /Cycle, L - 6.0 sec Critical v /C(x) - 0.422 I 11� • •uoitaiba to:aa C'AA OtflKtfyylU� 10 005/010 HCM: SIGNALIZED INTSRSECTToN SUMMARY version 2.4f 06 -13 -1999 Kimley -Horn And Associates, Inc. CCC C��.r =CC CL'.T.aCCC. =C.SCL' ��R.ts =C.�..�t•�e s.lC =� = =CCQ L"L` �% =C� ��L'���.CCC = =�L�.CGl" —.ter (E -W) Northlake Boulevard Streets: (N -S) Central Driveway Analyst: KRA File Name: C3.AMP-X .HC9 Area Type: Other 6 -11 -99 AM Peak Comment: Existing Conditions, Sunday AM Peak Northbound Southbound Eastbound Westbound L T R L T R L T R L T R No. Lanes 1 -0 -1 0 0 0 0 3< 0 1 3 0 volumes 22 97 12S9 52 222 1022 Lane W (ft) 12.0 12.0 12.0 12.0 12.0 Ri'OR Vols 0 0 0 Lost Time 3.00 3.00 3.00 3.00 3.00 3.00- --- _----- J-- _ - - - - -^ Signal Operations • Phase Combination 1 2 3 4 5 6 7 8 NB Left EB Left Thru Thru Right * Right *_ Peds Peds SB Left WB Left Thru Thru Right Right Peds Peds EB Right NB Right WB Right SB Right Green 6.0A Green 6.OA 16.OA Yellow /AR 4.0 Yellow /AR 4.0 4.0 Cycle Length: 40 secs Phase combination order: #1 45 #6 Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: Mvmts Cap Flow Ratio Ratio Delay LOS Delay LOS NB L - -- 310 1770 0.074 0.175 8.9 B 9.6 B R 277 1583 0.368 0.175 9.8 B EB TR 2361 5555 0.643 0.425 6.3 B 6.3 B WB L 496 1770 0.472 0.675 3.1 A 2.0 A T 3772 5588 0.314 0.675 1.7 A Intersection Delay - 4.4 sec /veh Intersection LOS = A Lost Time /Cycle, L - 9.0 sec Critical v /c(X) - 0.606 /7 VVI /.41/ oo A.0. 4)U DKA "�vutf /UlU ECM: SIGN&LIZED INTERSECTION SUMMARY Version 2.4f 06 -13 -1999 yimley -Horn And Associates, Inc. (E -W) Northlake Boulevard Streets: (N -S) East Driveway P.nalyst: KHA File Name: EAMEK.HC9 Area Type: Other 6 -11 -99 AM Peak Comment: Existing Conditions, Sunday AM Peak Northbound Southbound Eastbound Westbound L T R L T R L T R L T R No. Lanes 0 - 0 1 0 0 0 0 3. 0 0 3 0 Volumes 123 1259 1022 Lane W (ft) 12.0 12.0 12.0 RTOR Vols 0 - 0 0 Lost Time 3.00 3.00 3.00 ------------ - - - - -- Signal Operations . Phase Combination. 1 2 3 4 5 6 7 8 NB Left EB Left Thru Thru Right Right Peds Peds SB Left WB Left Thru Thru Right Right Peds Peds EB Right NB Right WB Right SB Right Green Green 6-OA 26.OA Yellow /AR Yellow /AR 4.0 4.0 Cycle Length: 40 secs Phase combination order: #5 ##6 -------------- - - - - -- Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: Mvmts Cap Flow Ratio Ratio Delay - .S - - - - ----- LOS Delay Los - - - ----- - - - - - - - - - - - - NB R 277 - - - - - - - - - - - 1583 0.466 0.175 10.5 B 10.5 B E3 T 3772 5588 0.387 0.675 1.9 A 1.9 A WB T 5169 5588 0.229 0.925 0.1 A 0.1 A Intersection Delay = 1.5 sec /veh Intersection LOS c A Lost Time /Cycle, L - 6.0 sec Critical v /c(x) - 0.403 �f f� • 00110/VV Mbb rAI 5(f188X�US -- 10007/010 HCM: SIGNALIZED INTERSECTION SUMMARY Version 2.4f 06 -13 -1999 Kimley -Horn And Associates, Inc. Streets: (H -S) West Driveway (E -W) Northlake Boulevard Analyst: MM File Name: WAMFUT2.HC9 Area Type: Other 6-11 -99 AM Peak Comment: Buildout Conditions, Sunday AM Peak = ccC�� .�iCGGL'•= .- ..¢GG =.�.. =cC�C �.:CC =_. --.0 �G C�._�..CGCr.' =�� =ccC =�_�. t..0 C= _� =Ce.0 =�.� -.CC �'L�_ Northbound Southbound Eastbound Westbound L T R L T R L T R L T R No. Lanes -- _ 0 0 0 2 0 1 1 3 0 0 3< 0 Volumes 704 77 136 1259 1022 167 Lane W (ft) 12.0 12.0 12.0 12.0 12.0 RTOR Vols 0 0 0 Lost Time 3.00 3.00 3.00 3.00 3.00 3.00 r - - -r Signal Operations Phase combination 1 2 3 4 5 6 7 6 NB Left EB Left Thru Thru Right Right Peds Peds SB Left * WS Left Thru Thru Right * Right Peds ; Peds ED Right N9 Right WB Right SB Right Green 16.OA Green 6.OA 2G.OA Yellow /AR 4.0 Yellow /AR 4.0 4.0 Cycle Length: 60 secs Phase combination order: #1 #5 #6 - Intersection Performance Summary Lane Group: Adj Sat vjc g/C Approach: Mvmts Cap Flow Ratio Ratio Delay LOS Delay LOS SB L _ 1003 3539 0.761 0.283 15.1 C 14.7 B R 449 1583 0.161 0.283 10.5 B BB L 330 1770 0.433 0.617 4.8 A 4.0 A T 3446 5588 0.423 0.617 3.9 A WB TR 2462 5470 0.559 0.450 8.1 B 8.1 B Intersection Delay = 7.8 sec /veh Intersection LOS B Lost Time /Cycle, L = 9.0 sec Critical v /c(x) - 0.645 r� 06/15/11 16:56 FA.X 5618823,703 @1008 /010 HCM: SIGNALIZED INTERSECTION SUMMARY Vereion 2.4f 06 -13 -1999 Kimley -Horn. And Associates, Inc. Streets: (N -S) Central Drive -North (E -W) Northlake Boulevard Analyst: KRA File blame: C2AMFUT2.HC9 Area Type: Other 6 -11 -99 AM Peak Comment: Buildout Conditions, Sunday AM Peak Northbound Southbound Eastbound Westbound L T R L T R L T R L T R go. Lanes 0 0 0 0 0 1 0 3 0 0 3 < 0 Volumes 39 1259 1022 334 Lane w (ft) 12.0 12.0 12.0 RTOR Vols 0 0 0 Lost Time .. 3.00 3.00 3.00 3.00 Signal Operations Phase Combination 1 2 3 4 5 6 7 8 NB Left EB Left Thru Thru Right Right Peds Peds SB Left WE Left Thru Thru Right Right Peds Peds EB Right NB Right WB Right S13 Right Green Green 6.OA 46.OA Yellow /AR Yellow /AR 4.0 4.0 Cycle Length: 60 secs Phase combination order: ##5 #6 Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: Mvmts Cap Flow Ratio Ratio Delay LOS Delay LOS S13 R 185 1583 0.222 0.117 15.6 C 15.6 C EB T 5309 5588 0.275 0.950 0.1 A 0.1 A - WB 2R 4216 5382 0.373 0.783 1.3 A 1.3 A Intersection Delay = *0.9 eec /veh Intersection LOS = A Lost Time /Cycle, L - 6.0 sec Critical v /c(x) = 0.353 HCM: SIGNALIZED INTERSECTION SUMMRY Version 2.4f 06 -13 -1999 xi.mley -Horn And Associates, Inc. GCL'•i� =c�c� =.r CSC=.....¢ cC= �C. C. Cr• G��% CCL�= �.._ C. �. a. tC-. �CGcer' CC�r= c¢t•...�`+.�...5'.C��- .r = =..�� Streets: (N -S) Central Drive -South (E -W) Worthlake Boulevard Analyst: KHA File Name: CIAMFUT2.HC9 Area Type: Other 6 -11 -99 AM Peak Comment: Buildout Conditions, Sunday AM Peak Northbound Southbound Eastbound Westbound L T R L T R L T R L T R No Lanes ^ 1 0 1 0 0 0 0 3 < 0 1 3 0 Volumes 40 3.11 1259 47 172 1022 Lane W (ft) 12.0 12.0 12.0 12.0 12.0 RTOR Vols 0 0 0 Lost Time 3.00 3.00 3.00 3.00 3.00 3.00 Signal Operations Phase Combination 1 2 3 4 5 6 7 8 NB Left * EB Left Thru Thru Right * Right Peds Peds SB Left WB Left Thru Thru Right Right Peds Peds EB Right NB Right WB Right SB Right Green 6.OA Green 6.OA 36.OA Yellow /AR 4.0 Yellow /AR 4.0 4.0 Cycle Length: 60 secs Phase combination order: 41 45 46 Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: Mvmts Cap Flow Ratio Ratio Delay LOS Delay LOS - - - -- - - -- - - - - - -- - - - -- - - - -- - -- - - - -- - -- NB L 206 1770 0.203 0.117 15.6 C 19.6 C R 185 1583 0.633 0.117 21.1 C EB TR 3428 5558 0.441 0.617 4.0 A 4.0 A WB L 330 1770 O.S48 0.783 4.3 A 3_6 A T 4377 5588 0.210 0.783 1.2 A Intersection Delay - 3.7 sec /veh Intersection LOS = A Lost Time /Cycle, L - 9.0 sec Critical v /c(x) - 0.527 �f *'tta VA., , uLV iiCM: SIGNALIZED INTERSECTION SUNARY Version 2.4f 06 -13 -1999 Kimley -morn And A.asociates, Inc. �cC= �CCCL•' ��cCC��GGiCccL��P� ' =�CCCG =�C�a.aCC� =Q.e =._...CCC L"�.'.: =cGG��: G.- . = =:- .CG�� =C ... Boulevard Streets: (N -S) East Driveway gEile)Namethllake Analyst: IAA Area Type: other 6 -11 -99 AM Peak Comment: Buildout Conditions, Sunday AM Peak cs. iG= GTE¢. CL^ �CCC=.': LCC= �= cCL "= �.FCGG_%.�cC.__��.cc =._...G CCL'L'�CCCC' =.�L^.ccCCG Northbound Soutbbound Eastbound =CCC�COc Westbound L T R L T R L T R L T R No. Lanes -- --- 0 0 -- 1 --- 0 0 0 0 3 0 0 3 0 Volumes 130 1259 1022 Lane W (ft) 12.0 12.0 12.0 RTOR Vols 0 0 0 Lost Time 3.00 3.00 3.00 ----------------- - - - - -- Signal Operations . Phase Combination 1 2 3 4 5 6 7 8 NB Left EB Left Thru Thru Right Right y Peds Pede SB Left [^iB Left Thru Thru � Right Right Peds Peds EB eds NB Right WB Right S8 Right Green Green 11.OA 41-OA yellow /AR Yellow /AR 4.0 4.0 _#5#6----------- Cycle Length:--60- secs -- Phase - combination-order: - - - - - - -- Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: 1AVmts Cap Flow Ratio Ratio Delay LOS Delay LOS NB R - 317 - 1583 0.433 0.200 14.2 B 14.2 B EB T 3912 5588 0.373 0.700 2.4 A 2.4 A WS T 5309 5588 0.223 0.950 0.1 A 0.1 A• Intersection Delay - 2.0 sec /veh Intersection LOS = A Lost Time /Cycl"e, L- sec Critical v /c(x) =0_386------ = --- 6_0 - -- - - - - - - - -_ -- �f 7 z June 24, 1999 June 30,1999 July 2, 1999 August 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 December 20, 1990, 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. Pave all parking aisles per City code. 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. B. Complete all non - landscape site improvements and changes. C. Remove the modular units from the property. (Development Compliance 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 extend the sewer line from the north side of Northlake Boulevard to this property and 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, Glen Pate & Associates, Sheet SP 1.0 3. June 16, 1999 Existing (as- built) Landscape Plan, Glen Pate & Associates, Sheet L -1 4. August 6, 1999 Proposed Landscape Plan, Glen Pate & Associates, Sheet L-2 5. July 8, 1999 (date stamp) Conceptual Drainage Plan (Existing Site), Kenneth H. Kruger, P.E., Sheets 1 -3 6. July 8, 1999 (date stamp)Conceptual Drainage Plan (Full Buildout), Kenneth H. Kruger, P.E., Sheets 1 -3 7. August 5, 1999 Future Phase 2 Photometric Site pale, Glenn Pate & Associates, Sheet ESP 1.0 SECTION 5. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF ATTEST: LINDA V. KOSIER BY: g'short: sp9701res.doc jnRjl JOSEPH RUSSO, MAYOR 1999 APPROVED AS TO LEGAL. FORM AND SUFFICIENCY. CITY ATTORNEY 6-09 -1997 0:45AM FR(X4 1ST UNITED BAN: SG 691 13 6 -Og -1997 1:17PM t� A 1ST UNITED 6AW LW 1 407 433 M!M �j f, DP. ' ORB 6679 Ps 802 AARCEL is A parcel of 1404 lying and belnq to the Northeast Quanta! of 5aat1on,23# Toansltilp 42 SONi11. ieange Ij Eart, Ftlpq beach County, rlorlda. ^ore particularly described **'follow&: t'COOR the f:arthtase .section aornor of said b.ction 33. Tewn :hip 42 South. Ranpt 42 Easts thwat:t South 00 "great. 03 minutes, 46 Seeands West along the bast lihc of said Scction•23, a distance of 107.45 rret to b point lying on the SouthecA Rinh.t•of -Way linty of Lake Parst Nrot Road as nov laid out and in v {s; thence west along said touthesn R171it- 01-1sty line a distance of 1606.00 feet to- tlht 'point of beginning and the northeast Cortsor of tAo hereinaltrr d «scribed pareslt twee continue west along a4p1c1 Southtrly m oc -tit -'Nay line a distance of )o6.4* cast to a. point, thence South a'dittance of SS0.00 tent to a points thence Eaet a distance of 155.46 feet to a point C! eurvt COAC41►C to the ttorthUosts thchgv stdrtherly end ttttttrlY along %hQ are of *aid curve, i+avinq a ra4lus of S00 feet &A a central �40f1e of 15 Oegrees. 41 Minut— 3: Fecands, a distooee of 35:..3 tttt to a putr►t s• th *hCO North a Qia_ance of S3t.1SS taet to tbe molest of beQSa�inp. Lccs the South SO feet thereof tot' canal R1gr►t -of -way as convey** by Right -ol -stay Geed reeordas in Official Record 80pic 1841, Page 2I1. an'd 11esa 04 North 30 tent tnettOf +s eanveyrd by Right -of- w0y Oewd r*cardad :n Qftieisl RvCCid Book 4171, r&94 .1253. FARM 2i Lot in -NOT Tl1G1.t OEM— part of untrct;orded plat of flopsaSx01 ACRES •brit particularly doscrilim4 as tollov4% commanelhl at the Northwest corhvr of tNv =oat half of Section 23 In TOV"hip 42 South, RaAQe 42 Usti palm Leach, County, rivri4ei thvneh South alonyl the :ftat 11he of 0614 S.ct half 6f $ectiOA 23 of an asituseed hearing South 0 Oegreet, 01 Ninotes, S1 Seconds Wrst a dlatance of 107.45 feet to a point in the South Right -of- way 11ne of Lake Park iitst Reads thence at b Aring duo cost alosi9 4414. RiQbt -o1 •Hay lint # 41$011k Of 567.46 fttc to the Nor"Woct corner of the parcel Geaoribed herelA attd tha point of Segianings thener COn=tssva at bearihq dur nett a dist&vcj 150 Lett to a points thehcr at heerinq due South 6 distance Soo feet to s point in the North Right•of -xaY itne vt Cana: Ito. 11 thence at bearing dve Kest slang the Faid Right -of -Kay line a distance 150 feet to A point: thence at bearing dve North a distance 500 stet to the Point of beginning. tesa Or North 30 fart thecev( as eonyeYcd to Alght- cf-Way Deed reeor4ed In Official Record Book 4371, Page 1;S). M1ISIT i1" P. 4 P. 4 YJ4'' GOaO YtatftEO &+v.r.rti �wNhen a.•t.�BFJ►G1tburvsir.fta, CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 19, 1999 Date Prepared: August 10, 1999 Appointing Two Regular Members to the Education Advisory Board Subject /Agenda Item Consider a motion to approve Resolution 98, 1999, Appointing Two Regular Members, by inserting the names Leslie Millar and Jan Porter in Section 1. Recommendation/Motion: Reviewed by: Originating Dept.: Costs: $ Council Action: Q. Administration Total City Attorney_ v [ ] Approved Finance $ [ 1 Approved w/ Current FY conditions ACM [ ]Denied Human Res. Advertised: Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Resolution 98, 1999 [ ] Other List of Current Members Paper: Submitted by: [ X ] Not Required 71� Am Asssss''t to City Manager Affected parties Budget Acct. #:: Approved by: [ ] Notified [ ] None City Manager [ X ] Not required BACKGROUND: Two members' terms have expired on the Education Advisory Board. The members, Leslie Millar and Jan Porter, have expressed an interest in being reappointed to the Board. The members' terms shall expire on March 4, 2001, which will complete the process of staggering the board members terms, as recommended in March 1999. Staff recommends the approval of Resolution 98, 1999, inserting the names Leslie Millar and Jan Porter, which terms shall expire March 4, 2001. August 10, 1999 RESOLUTION 98, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF TWO (2) REGULAR MEMBERS TO THE EDUCATION ADVISORY BOARD OF THE CITY OF PALM BEACH GARDENS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2 -132 of the Palm Beach Gardens Code of Ordinances provides for the appointment of members to the City of Palm Beach Gardens Education Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Pursuant to Section 2 -132 of the Palm Beach Gardens Code of Ordinances, and are hereby appointed as regular members of the Education Advisory Board, which term of office shall expire on March 4, 2001. Section 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF AUGUST 1999. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK l6-Nd VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO JOSEPH R. RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT CURRENT MEMBERS EDUCATION ADVISORY BOARD (11 Regular Members — 2 Year Terms) (4 Alternate Members — 2 Year Terms) MEMBERS PHONE NUMBERS TERM EXPIRES DATE APPOINTED Millar, Leslie (Vice Chair) H: 775 -1799 8/7/99 12/4/97 10252 Hunt Club Lane 33418 W: 640 -5086 Porter, Jan H: 694 -9337 8/7/99 11/3/94 11 Kintyre Road 33418 W: 694 -2782 Gerber, Ilene H: 624 -9494 2/15/2000 12/4/97 3674 Dijon Way 33410 Hanrahan, Judith (Alternate) H: 627 -1546 2/15/2000 3/4/99 40 Edinburgh Drive 33418 Krause- Laurie, Nancy (Alternate) H: 626 -0374 2/15/2000 3/4/99 220 Legendary Circle 33418 W: 561 -540 -6166 Panoch, James (Alternate) H: 626 -1452 2/15/2000 3/4/99 501 -D Sabal Ridge Circle 33418 Sadaka, Ron H: 624 -9911 2/15/2000 2/15/96 8145 Swaps Way 33418 W: 252 -0432 Gardner, John (Alternate) H: 624 -8222 2/15/2000 4/8/99 5E Lexington Lane EA33418 W: 627 -1800 Anderson, Wayne (Chair) H: 626 -9225 3/4/2001 2/15/96 10240 Allamanda Circle 33410 W: 881 -8050 Blake, Scott H: 694 -9938 3/4/2001 4/20/95 1915 ISP Lane 33418 W: 694 -7300 Kakli, Murtaza H: 622 -5031 3/4/2001 2/19/98 5270 Travelers Way 33418 W: 796 -4149 Berg, Anne S. H: 622 -6827 3/4/2001 2/19/98 931 Augusta Pointe Drive 33418 Mastics, George H: 624 -6147 3/4/2001 3/19/98 10109 Hunt Club Lane 33418 W: 286 -5212 Schiff, Charlotte H: 627 -0520 3/4/2001 3/4/99 899 Augusta Pointe Drive 33418 Student(s) (Count as Regular Member) Eric Jablin, Council Liaison eabmembers.doc 05/11/99 CITY OF ]PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: August 19, 1999 Date Prepared: August 13, 1999 Subject /Agenda Item First Reading: Ordinance 28, 1999 - Catalina Lakes Townhomes. Proposal to rezone 44.54 acres from Planned Development Area to Planned Unit Development. Recommendation/Motion: Staff recommends approval of the First Reading of Ordinance 28, 1999 Reviewed by: Originating Dept.: Costs: $ Council Action: O� Total City Attorney Growth Management [ ] Finance NA $ [ ] Approved w/ conditions ACM V OV41 Current FY [ ]Denied Advertised: Human Res. NA Funding Source: [ ] Continued to: Other NA Attachments: Date: [ ] Operating Paper: [ ] Other Ordinance 28, 1999 Sign Detail Site Plan Landscape Plans Elevations City Engineer Comments Letters from staff [ ] Not Required Applicant letter; 6/3/99 Submitted by: ,,,1—,i /� s'M M Growth Management Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [ ) Not required REQUEST: Petition PUD- 98 -09, a request by Cotleur & Hearing, agent for DiVosta & Company, for Planned Unit Development (PUD) approval for 262 townhome units on a 44.54 -acre parcel of land located at the northeast corner of Alternate AlA and Burns Road. (07- 42E -43S) 'LOCATION MAP CATALINA LAKES , N Agenda Cover Memorandum August 19, 1999 Page 2 BACKGROUND: This parcel was cleared prior to 1965 as a pasture for a dairy operation. This dairy operation has been abandoned and the parcel has re- vegetated with invasive exotic vegetation. The site has not been disturbed since then. REVIEW PROCESS: This is a request for re- zoning and PUD approval. The PUD request is reviewed by the Development Review Committee, who 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. The City's Development Review Committee (DRC) discussed the request at their January 14, 1999 meeting. A listing of the various departmental comments is attached for your review. LAND USE AND ZONING: The current land use designation for the parcel is Residential Medium (RM). The subject property is zoned as a Planned Development Area (PDA). For a complete list of adjacent existing uses, land use designations and zoning districts, please see Table 1 on page 13. GAShort Range \PUD9809.cc1.doc Agenda Cover Memorandum Page 3 PROJECT DETAILS: Tra ffic Concurrency August 19, 1999 The City Engineer has confirmed that this project has received traffic concurrency. Road access will be provided along Alternate AlA at the main entrance. In addition, the applicant has provided an emergency access point along Burns Road, as requested by staff. _Site Location & Density The subject property is 44.54 acres and is located at the northeast corner of Alternate AlA and Burns Road. The proposed density for this project is 5.9 dwelling units per acre (du/ac), which is consistent with the City's Residential Medium zoning. The lots are typically 52' x 93' and will each contain two -unit buildings. Phasing The applicant is proposing to construct the development in stages, as detailed below: • First stage to include clearing of the land, earthwork, water management/retention lakes and road and utilities infrastructure. • Landscaping will be installed after the townhomes are constructed; however, all buffer walls will be in place prior to housing construction. • The housing construction will start with the building of the entry feature and the townhomes in the northern section of the parcel. • After this, the construction will proceed southward until total build -out. • The applicant proposes to construct the recreation center after 50% of the development is completed. The phasing plan has been added as a condition of approval. Entry Feature The applicant is proposing an entry feature with a ground sign and a round -a -bout with a fountain in the center. The ground sign, which is 7' high and 12.75' long, is located in the entry median. The sign face area has 39 square feet on each face and contains the name of the project "Catalina Lakes ". The proposed sign complies with the sign code. GAShort Range\PUD9809.cc1.doc Agenda Cover Memorandum August 19, 1999 Page 4 Townhomes Only one unit type is proposed for this project (see attached elevations for architectural details). The townhomes are proposed to have the following features: • Two -story buildings with approximately 1,528 square feet in each unit. • Each unit will have three bedrooms, two and one -half bathrooms and a 234 - square foot, one- car garage. • Options include a six -foot privacy wall, a picket fence, a pool and two different screen enclosure options. • Units are connected by a decorative portico, which leads to the side entry doorway. • Garage entry located on front elevations. • All units are to be landscaped with various shrubs, ground cover and trees such as Hibiscus, Live Oaks and Palms (see the Typical Unit Landscaping Plan) Pedestrian Connections The applicant has provided sidewalks--on both sides of the proposed streets throughout the development, as requested by staff. The applicant has also proposed a pedestrian connection from the parcel to Oaks Park, which is east of this site. Two additional pedestrian connections, one onto RCA Boulevard and the other onto Burns Road, have been provided in response to staff requests. These connections will be accessed by self - latching gates. Recreation Center The applicant has proposed a recreation center, which will include a 10' x 20' community swimming pool and two tennis courts. There will also be a 700 ' square -foot building with restrooms and storage facilities for residents of Catalina Lakes. Temporary Sales Center The applicant is proposing a temporary sales trailer, which will be located at the entrance to the site. The applicant has provided details of this trailer, including elevations, as requested by staff. Water Retention/Open Space The South Florida Water Management District requires substantial water retention for storm water runoff and aquifer recharge for this parcel. Therefore, the applicant has proposed four lakes for a total of 6.13 acres. The applicant has also provided a 55 -foot landscape buffer along Alternate AlA and a 15 -foot landscape buffer along all public right -of -ways, with the exception GAShort Range \PUD9809.ccl.doc Agenda Cover Memorandum August 19, 1999 Page 5 of the right -turn lane area into the project. Staff requests that the applicant revise the site plan to comply with the required 55 -foot landscape buffer prior to the issuance of the first building permit. Environmental Assessment The applicant conducted an environmental survey of the parcel, which was subsequently reviewed by the City Environmental Consultant James Schnelle. Mr. Schnelle recommended preserving some existing native vegetation and the applicant is working with the-City Forester Mark Hendrickson to relocate suitable Cabbage Palm, Live Oak, and small Slash Pines. Mr. Schnelle also recommended preserving the large Slash Pines located in the northwest corner of the site. The applicant had proposed this prior to the City's review and is still proposing to do so. Finally, the applicant is required to provide wetland mitigation off -site. The applicant is working with the South Florida Water Management District and the Corps of Engineers to coordinate this effort. The permits from these entities will be provided to the City prior to final construction plan approval. Waivers from Code The following is a list of requested waivers from code, which have been requested by the applicant: 1. The setbacks for the project are indicated in Table 2 on page 14. The proposed setbacks are consistent with other townhouse developments (The Commons: side setback between 5 and 6 feet; rear setback between 10 and 15 feet). 2. The building lot coverage per unit is 39 %, which is higher than the maximum allowed 35 %. In this type of development, it is common to find lot coverages that exceed the 35 %. For example, in Sun Terrace (The Oaks), the building lot coverage is 100% due to the configuration of the lot lines. 3. The applicant is not proposing littoral zones in the proposed lakes. The applicant has indicated that it is difficult and costly to maintain small littoral zones in the long term: The applicant feels that this presents a burden to future homeowner associations of the community. The applicant is planting water tolerant trees along the lake banks. 4. There is a point along an internal roadway where the corner of the property line and the edge of the proposed right -of -way meet. (See attached Exhibit B.) Adjacent to this point is the Bell South property. Due to the configuration of the site, the applicant is requesting a waiver from the 8 -foot landscape buffer in this area. The applicant proposes to build a 6 foot concrete wall with a ficus pumila vine to provide additional buffering. WAINSERVEMCOMPROGGShort Range\PUD9809.cc1.doc Agenda Cover Memorandum Page 6 August 19, 1999 5. The applicant is not proposing curbing around the planting areas in the driveways of the townhouse lots. The applicant believes that since the townhomes will be sold in a fee simple form of ownership, the residents will take greater care in maintaining their property values and thus will not destroy their own landscaping. In a Planned Unit Development, strict adherence to the code is often relaxed in exchange for other benefits. In LDR Section 118 - 2130), PUD Districts — Waivers, it states: "A waiver is considered for innovative design whereby other minimum standards are exceeded." The applicant has exceeded the open space requirements of the entire site by 18.5% (35% required; 53.5% provided). They have provided a well - landscaped entrance to the site, which exceeds the required 55' buffer along Alternate AIA. There are multiple pedestrian connections throughout the site including sidewalks on both sides of the internal roadways. The applicant has also provided a sidewalk connection to nearby Oaks Park. Finally, they have provided more than the required number of guest parking spaces throughout the site. Staff has worked closely with the applicant to ensure that the site is functional and aesthetically pleasing. Staff recommends approval of these waiver requests so that the applicant is able to develop their product on the given site. PLANNING & ZONING COMMISSION January 26, 1999 On January 26, 1999, this petition was before the Planning & Zoning Commission for a workshop meeting. Overall, the members felt that the site plan needed to be drastically redesigned and that the townhomes needed additional architectural elements. The applicant responded to the Commission member concerns and provided revisions on April 6, 1999. Staff reviewed the revised plans and subsequently requested additional revisions. The applicant responded with revisions on May 12, 1999. These revisions included: a) changing the configuration of the roadways and relocating the recreation facility to the center of the community; b) changing the facades of the townhomes with different-colors and three designs; c) reducing the number of units; d) increasing the width of roadway right -of -ways from 45' to 50' in most areas of the site plan; e) providing additional landscaping in each lot May 25, 1999 This petition came before the Planning & Zoning Commission as a workshop item due to the extensive changes that were made. The Commission members discussed the elevations of the townhomes. They were concerned that the facades did not contain enough variety. The applicant proposed three different elevation types with three different portico design options. To WAINSERVEMCOMPROG\,Short Range\PUD9809.cc1.doc Agenda Cover Memorandum Page 7 August 19, 1999 break up the potential uniformity of the facades, the Commission members requested that a condition be added that no two adjacent homes have the same color combinations. See attached letter from Don Hearing dated June 3, 1999 for more details of the items discussed at this meeting. July 13, 1999 At this Public Hearing, the Planning & Zoning Commission recommended this petition to City Council with the following conditions: 1. Prior to scheduling this petition for consideration by the City Council, the applicant shall meet all the requirements set forth by the City Engineer with respect to drainage issues. (City Engineer) 2. Prior to scheduling this petition for City Council, the applicant shall provide a landscape plan for Alt. AIA and Burns Road. (City Forester) 3. Prior to the issuance of the first building permit, the applicant shall provide a revised site plan that demonstrates a 55' Alt. AlA buffer at the narrowest point of the right turn lane right -of -way. (Planning & Zoning) 4. The applicant shall work with staff and Southern Bell to move the Catalina Lakes buffer wall and landscaping out of the Santa Barbara Drive right -of way when Southern Bell amends their site and landscape plan. (Planning & Zoning) 5. Prior to the adoption of the Property Owner Association documents or the issuance of the first Certificate of Occupancy, whichever comes first, the applicant shall submit these documents to the City, which shall be subject to review and approval by the City. (Legal) 6. Prior to the issuance of the first building permit, the applicant shall provide documentation demonstrating compliance with the SFWMD master surface water management permit 50- 010465. (City Engineer) 7. Prior to the issuance of the first building permit, the applicant shall provide a letter of authorization from the appropriate utilities allowing landscaping and paving within the utility easements. (City Engineer) 8. Within 8 months of construction plan approval, or within 30 days of the issuance of the Certificate of Occupancy of the model unit, whichever comes first, the temporary sales center and its associated paving and landscaping shall be removed. (Planning & Zoning) GAShort Range \PUD9809.ccl.doc Agenda Cover Memorandum Page 8 August 19, 1999 9. The buildout date for the project shall be December 31, 2002. (Development Compliance Officer) 10. No two adjacent homes shall have the same color combinations. (Development Compliance Officer /Code Enforcement) 11. The construction of this project shall be in accordance with the following phasing schedule: (Building Division) A. First stage shall include clearing of the land, earthwork, water management/retention lakes and road and utilities infrastructure. B. Landscaping shall be installed as the townhomes are constructed; all buffer walls shall be in place prior to housing construction. C. Housing construction shall start with the building of the entry feature and the townhomes in the northern section of the parcel. D. After this, the construction shall proceed southward until total build -out. E. The recreation center shall be constructed after at least 50% of the development is completed. 12. The applicant shall install and maintain the landscaping to be located (a) in the median of Alternate Al for the length of the median located directly adjacent to the site; and (b) in the median of Burns Road for the length of the median located directly adjacent to the site. Said maintenance shall be in accordance with City maintenance standards. In the alternative, the applicant, or its successors, including a property owners' association shall remit to the City the total cost associated with said maintenance. A reasonable fee shall be determined annually, to be paid quarterly commencing on November 1 following installation. Specific provisions for payment, and revisions thereto, may be addressed by separate agreement between the City and applicant, his successors and/or assigns. (City Forester) 13. The Alt. AlA, Burns Road, and perimeter landscape buffers shall be installed concurrent with the construction of the adjacent interior roadways or townhouses, whichever occurs first. (City Forester) - 14. All exterior buffer walls shall be maintained in a consistent manner, and repainting shall be provided on both sides of the wall at the same time when repainting occurs. (Code Enforcement) GAShort Range \PUD9809.cc1.doc Agenda Cover Memorandum Page 9 August 19, 1999 NOTE: Condition Number 1 has since been modified (see below). Condition Number 2 has been satisfied and so has been deleted. Also, Planning & Zoning Commission members recommended approval of the 5 requested waivers. GROWTH MANAGEMENT STAFF COMMENTS Drainage This site is located directly west of the Oaks PUD, which is a residential development. The residents of this development are concerned about additional storm water being routed through their surface water management system. Following the Planning & Zoning Commission meeting for St. Marks Episcopal Church (which is south of the Oaks), the Commission members requested that staff look at alternatives to address the residents' concerns. City Engineer Len Lindahl has been working closely with the applicant to find the most efficient drainage system possible. Mr. Lindahl's recommendation is that the drainage be directed to the RCA drainage basin using recommended parameters outlined in the attached letter, bypassing The Oaks drainage system. Mr. Lindahl recommends that a revised conceptual drainage plan be submitted to the City by the applicant, and reviewed prior to final City Council approval. (See attached memo and correspondence.) Alternate AIA & Burns Road Landscape Plans As requested, the applicant has submitted Landscape Plans for the medians along Alternate A 1 A and Burns Road. Staff has added a condition of approval requiring that these medians and perimeter landscape buffers be installed concurrent with the construction of the adjacent interior roadways. City Forester Mark Hendrickson has reviewed these plans and recommends approval. RECOMMENDATION Staff recommends approval with the following conditions: 1. Prior to final City Council approval, the applicant shall submit a revised conceptual drainage plan for our review and approval demonstrating that the system can meet the criteria oulined in the City Engineer letter addressed to Lawson, Noble & Webb dated July 25, 1999. 2. Prior to the issuance of the first building permit, the applicant shall provide a revised site plan that demonstrates a 55' Alt. A 1 A buffer at the narrowest point of the right turn lane right -of -way. (Planning & Zoning) GAShort Range \PUD9809.cc1.doc Agenda Cover Memorandum Page 10 August 19, 1999 3. The applicant shall work with staff and Southern Bell to move the Catalina Lakes buffer wall and landscaping out of the Santa Barbara Drive right -of way when Southern Bell amends their site and landscape plan. (Planning & Zoning) 4. Prior to the adoption of the Property Owner Association documents or the issuance of the first Certificate of Occupancy, whichever comes first, the applicant shall submit these documents to the City, which shall be subject to review and approval by the City. (Legal) 5. Prior to the issuance of the first building permit, the applicant shall provide documentation demonstrating compliance with the SFWMD master surface water management permit 50- 010465. (City Engineer) 6. Prior to the issuance of the first building permit, the applicant shall provide a letter of authorization from the appropriate utilities allowing landscaping and paving within the utility easements. (City Engineer) 7. Within 8 months of construction plan approval, or within 30 days of the issuance of the Certificate of Occupancy of the model unit, whichever comes first, the temporary sales center and its associated paving and landscaping shall be removed. (Planning & Zoning) 8. The buildout date for the project shall be December 31, 2002. (Development Compliance Officer) 9. No two adjacent homes shall have the same color combinations. (Development Compliance Officer /Code Enforcement) 10. The construction of this project shall be in accordance with the following phasing schedule: (Building Division) A. First stage shall include clearing of the land, earthwork, water management/retention lakes and road and utilities infrastructure. B. Landscaping shall be installed as the townhomes are constructed; all buffer walls shall be in place prior to housing construction. C. Housing construction shall start with the building of the entry feature and the townhomes in the northern section of the parcel. D. After this, the construction shall proceed southward until total build -out. E. The recreation center shall be constructed after at least 50% of the development is completed. 11. The applicant shall install and maintain the landscaping to be located (a) in the median of Alternate A I A for the length of the median located directly adjacent to the site; and (b) in the median of Burns Road for the length of the median located directly adjacent to the GAShort Range \PUD9809.ccl.doc Agenda Cover Memorandum August 19, 1999 Page 11 site. Said maintenance shall be in accordance with City maintenance standards. In the alternative, the applicant, or its successors, including a property owners' association shall remit to the City the total cost associated with said maintenance. A reasonable fee shall be determined annually, to be paid quarterly commencing on November 1 following installation. Specific provisions for payment, and revisions thereto, may be addressed by separate agreement between the City and applicant, his successors and/or assigns. (City Forester) 12. The Alt. AIA, Burns Road, and perimeter landscape buffers shall be installed concurrent with the construction of the adjacent interior roadways or townhouses, whichever occurs first. (City Forester) 13. The applicant shall maintain all landscaping associated with the approval of this petition and /or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City's Maintenance Standards for Mowing and Landscaping, when said standards are approved by the City. (City Forester) 14. All exterior buffer walls shall be maintained in a consistent manner, and repainting shall be provided on both sides of the wall at the same time when repainting occurs. (Code Enforcement) NOTE: Condition Number 1 has been modified since the Planning & Zonin Commission meeting of July 13, 1999. Condition Number 13 was added after the July 131 meeting. This condition is necessary to ensure that this development will comply with the anticipated revised landscape codes. GAShort Range \PUD9809.cc1.doc Agenda Cover Memorandum Page 12 DEPARTMENTAL COMMENTS Planning & Zoning_ Division See above. Seacoast Utility Authority See attached letter dated June 8, 1999 City Engineer See attached letter dated July 25, 1999 City Forester See attached memo dated July 26, 1999 Police Department No further concerns Fire Department No further concerns Building Division No concerns. GAShort RangeU'UD9809.ccl.doc August 19, 1999 Agenda Cover Memorandum Page 13 August 19, 1999 TABLE 1 EXISTING LAND USES AND ZONING DISTRICTS Subject Property : Planned Development Area Residential Medium Vacant (PDA) (RM) Proposed. Planned Unit Development (PUD) North : General Commercial Commercial Seacoast Utility Authority (CG1) (C) South : Planned Community Development Residential Medium Gardens East Apartments (PCD) (RM) East: Residential Medium Residential Medium The Oaks & St. Marks (RM) (RM) Episcopal Church West : Planned Community Development Industrial South Park Center (PCD) (I) Agenda Cover Memorandum Page 14 TABLE 2 CODE COMPLIANCE: August 19, 1999 Required/ Proposed Compliance Allowed Land Use Residential Residential Medium Yes Medium (RM) Zoning Planned Planned Unit Re- zoning Development Development (PUD) proposed Area Front 30' Front Yard to Garage: 20' Waiver .Setback Front Yard to Portico: 14' Requested Side 10' 5' with a 10' separation Waiver Setback between buildings Requested Side 10' With optional :pool: 3' Waiver Setback With screen or patio: 0' Requested w /pools & screens Side 20' 20' Yes Facing Street Rear 20' 30' Yes Setback Rear 20' With optional pool: 3' Waiver Setback With screen or patio: 0' Requested w /pools & screens Parking 3 Bedrooms x 850 Spaces Yes Spaces 262 units = 786 add 5% guest--39 add Recreation--8 TOTAL = 833 Handicap 2 Spaces 4 Spaces Yes Parking Building 35% Maximum 39% Waiver Lot Requested Coverage Open 35% Minimum 53.7% Yes Space Littoral All water bodies Water tolerant trees in lieu Waiver Zones require littoral of littoral plantings Requested plantings August 9, 1999 ORDINANCE 28, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF DIVOSTA & COMPANY FOR REZONING OF 44.54 ACRES LOCATED AT THE NORTHEAST CORNER OF ALTERNATE AlA AND BURNS ROAD, FROM PLANNED DEVELOPMENT AREA TO RESIDENTIAL PLANNED UNIT DEVELOPMENT, TO BE KNOWN AS "CATALINA LAKES ", IN ORDER TO CONSTRUCT 262 TOWNHOME UNITS; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from DiVosta & Company for rezoning 44.54 acres of land located at the northeast corner of Alternate AIA and Burns Road, more particularly described in Exhibit A attached hereto, from Planned Development Area to Residential Planned Unit Development; WHEREAS, the subject parcel is presently zoned as Planned Development Area with a land use designation of Residential Medium (RM); WHEREAS, the City's 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 Planning and Zoning Commission has reviewed and recommended approval of "Catalina Lakes." 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 application of DiVosta & Company for rezoning 44.54 acres of land located at the northeast corner of Alternate AIA and Burns Road, more particularly described in Exhibit A attached hereto, from Planned Development Area to Residential Planned Unit Development, to construct 262 townhome units. SECTION 2. The following waivers are hereby granted with this approval: A) Waiver from LDR Section 118- 201(g) "RM residential medium density districts — minimum building setbacks required", which requires a 30' front setback, a 10' side setback and a 20' rear setback to allow a 20' front setback to the garage and a 14' front setback to the portico, to allow: 1) a 5' side setback with a 10' separation between buildings; a 3' side setback if a pool is installed and a 0' side setback if a screen or patio is installed; 2) a 30' rear setback with a 3' rear setback if a pool is installed and a 0' rear setback if a screen or patio is installed. B) Waiver from LDR Section 118- 201(g) "RM residential medium density districts - Building lot coverage ", which requires that the maximum building lot coverage not exceed 35 %, to allow a maximum building lot coverage of 39 %. C) Waiver from LDR Section 98 -106 "Littoral planting zones" which requires littoral plantings on lakes whose water surface is larger than one acre in size, to allow substitute plantings as exhibited in the Landscape Plans by Cotleur & Hearing dated June 6, 1999, Sheets 1 -6. D) Waiver from LDR Section 98 -72(a) "Planting ", which requires a minimum 8 foot perimeter landscape buffer, to allow a reduction of the buffer at one point (where the property line and the edge of the proposed right of way meet). (Exhibit B) E) Waiver from LDR Section 98 -68(c) "Parking areas", which requires all landscape areas to be protected from vehicular encroachment, to allow unit driveways to have planting areas without curbing. This waiver does not apply to any other parking area within the site. SECTION 3. 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 the issuance of the first building permit, the applicant shall provide a revised site plan that demonstrates a 55' Alt. A I A buffer at the narrowest point of the right turn lane right -of -way. (Planning & Zoning) 2. The applicant shall work with staff and Southern Bell to move the Catalina Lakes buffer wall and landscaping out of the Santa Barbara Drive right -of way when Southern Bell amends their site and landscape plan. (Planning & Zoning) 3. Prior to the adoption of the Property Owner Association documents or the issuance of the first Certificate of Occupancy, whichever comes first, the applicant shall submit these documents to the City, which shall be subject to review and approval by the City. (Legal) 4. Prior to the issuance of the first building permit, the applicant shall provide documentation demonstrating compliance with the SFWMD master surface water management permit 50- 010465. (City Engineer) 2 5. 'Prior to the issuance of the first building permit, the applicant shall provide a letter of authorization from the 'appropriate utilities allowing landscaping and paving within the utility easements. (City Engineer) 6. Within 8 months of construction plan approval, or within 30 days of the issuance of the Certificate of Occupancy of the model unit, whichever occurs first, the temporary sales center and its associated paving and landscaping shall be removed. (Planning & Zoning) 7. The buildout date for the project shall be December 31, 2002. (Development Compliance Officer) 8. No two adjacent homes shall have the same color combinations. (Development Compliance Officer /Code Enforcement) 9. The construction of this project shall be in accordance with the following phasing schedule: (Building Division) A. First stage shall include clearing of the land, earthwork, water management/retention lakes and road and utilities infrastructure. B. Landscaping shall be installed as the townhomes are constructed; all buffer walls shall be in place prior to housing construction. C. Housing construction shall start with the building of the entry feature and the townhomes in the northern section of the parcel. D. After this, the construction shall proceed southward until total build -out. E. The recreation center shall be constructed after at least 50% of the development is completed. 10. The applicant shall install and maintain the landscaping to be located (a) in the median of Alternate A I A for the length of the median located directly adjacent to the site; and (b) in the median of Burns Road for the length of the median located directly adjacent to the site. Said maintenance shall be in accordance with City maintenance standards. In the alternative, the applicant, or its successors, including a property owners' association shall remit to the City the total cost associated with said maintenance. A reasonable fee shall be determined annually, to be paid quarterly commencing on November 1 following installation. Specific provisions for payment, and revisions thereto, may be addressed by separate agreement between the City and applicant, its successors and/or assigns. (City Forester) 11. The applicant shall maintain all landscaping associated with the approval of this petition and/or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City's Maintenance Standards for Mowing and Landscaping, when said standards are approved by the City. (City Forester) 12. 'Landscaping to be located in the median of Alt. AIA of Burns Road, and within the perimeter landscape buffer areas shall be installed concurrently with the construction of the respective adjacent interior roadways or townhouses. (City Forester) 13. All exterior buffer walls shall be maintained in a consistent manner, and repainting shall be provided on both sides of the wall at the same time when repainting occurs. (Code Enforcement) 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 4, 1999 Overall Site Plan by Cotleur & Hearing, Sheet 1. 2. June 4, 1999 Site Plan by Cotleur & Hearing, Sheet SP -1, SP -2 3. June 4, 1999 Site Plan Detail Sheet by Cotleur & Hearing, Sheet 1. 4. June 4, 1999 Landscape Plan by Cotleur & Hearing, Sheet 1 -6. 5. June 4, 1999 Lighting Details & Calculations by Cotleur & Hearing, Sheet 1. 6. June 4, 1999 Typical Unit Landscape Plan by Cotleur & Hearing, Sheet 1. 7. July 2, 1999 Alternate AlA Project Layout, Landscape Plan and Planting Details by Cotleur & Hearing, 4 Sheets. 8. July 2, 1999 Burns Road Project Layout, Landscape Plan and Planting Details by Cotleur & Hearing, 3 Sheets. 9. June 4, 1999 Site Plan — Temporary Sales Trailer by Cotleur & Hearing, Sheet 1. 10. June 7, 1999 Sales Trailer Elevations by Sunco Building Corp., Sheet A -1. 11. October 29, 1998 Boundary Survey by Lawson, Noble & Webb, Inc., Sheet 1 -3. 12. April 13, 1999 Site Lighting Plan by Cotleur & Hearing, Sheets 1 -3. 13. April 7, 1999 Model Site Plan by Sunco Building Corp., 1 Sheet. 14. April 7, 1999 Floor Plans and Elevations by Sunco Building Corp. 3 Sheets. 15. April 7, 1999 Poolhouse Floor Plan by Sunco Building Corp., Sheet A -1. 16. April 13, 1999 Building Color Samples. SECTION 5. This Ordinance shall be effective upon adoption. 4 PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF '1999. '1999. '1999. MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK GAShort Range\PUD9809.OR.doc COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT 5 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SITUATE IN SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWEST CORNER OF THE PLAT OF THE OAKS— SUN TERRACE PLAT 3, AS RECORDED IN PLAT BOOK 68, PAGES 70 THROUGH 73, PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, THENCE NORTH 88 °34'14" WEST, ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID PLAT, A DISTANCE OF 257.45 FEET; THENCE TO THE POINT OF CURVATURE OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 380.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15 041'19 ", A DISTANCE OF 104.05 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01 °35'39" WEST, A DISTANCE OF 126.71 FEET TO THE NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 259.57 FEET TO A POINT ON THE NORHT LINE OF BURNS ROAD, AS RECORDED IN OFFICIAL RECORD BOOK 6438, PAGES 668 THROUGH 671, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 87 058'53" WEST, ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 4.43 FEET; THENCE NORTH 83 051'24" WEST, CONTINUING ALONG SAID NORHT RIGHT -OF -WAY LINE, A DISTANCE OF 151.37 FEET TO A POINT ON A CURVE CONCAVE SOUTHERLY (A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 01 °01'28" EAST) HAVING A RADIUS OF 1912.85 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04 031'37", A DISTANCE OF 151.13 FEET; THENCE SOUTH 86°29'51" WEST, A DISTANCE OF 53.74 FEET; THENCE NORTH 52 °43'35" WEST, A DISTANCE OF 51.60 FEET TO THE EAST RIGHT -OF -WAY LINE OF ALTERNATE A- 1 -A; THENCE NORTH 15 °16'11' WEST, DEPARTING SAID NORTH LINE AND ALONG SAID EAST LINE, A DISTANCE OF 163.76 FEET TO THE EAST RIGHT -OF -WAY LINE OF ALTERNATE A -1 -A, AS DESCRIBED IN OFFICIAL RECORD BOOK 3578, AT PAGE 1026, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 14 005'26" WEST, CONTINUING ALONG SAID EAST RIGHT -0F - WAY LINE, A DISTANCE OF 2396.87 FEET TO THE SOUTH LINE OF R.C.A. BOULEVARD (FORMERLY KNOWN AS MONET ROAD) AS DESCRIBED IN OFFICIAL RECORD BOOK 3578, AT PAGE 1026, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 40 040'02" EAST, DEPARTING SAID EAST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 47.61 FEET; THENCE SOUTH 88 034'17" EAST, A DISTANCE OF 167.96 FEET; THENCE NORTH 01 025'43" EAST, A DISTANCE - -OF 20.00 FEET TO THE NORTH LINE OF THE NORTHWEST ONE - QUARTER (NW %) OF SAID SECTION 7; THENCE SOUTH 88 °34'17" EAST, CONTINUING ALONG SAID SOUTH RIGHT -OF -WAY LINE AND SAID NORTH LINE, A DISTANCE OF 84.02 FEET TO THE WEST LINE OF THAT CERTAIN SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY PARCEL AS RECORDED IN OFFICIAL RECORD BOOK 1767, AT PAGES 126 AND 127, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 01025'43" WEST, DEPARTING SAID SOUTH RIGHT -OF -WAY LINE AND SAID NORTH LINE, A DISTANCE OF 340.00 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY PARCEL, THENCE SOUTH 88 034'17" EAST, ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 200.00 FEET TO A POINT IN THE WEST LINE OF THAT CERTAIN AMARA TEMPLE HOLDING CORPORATION, INC. PARCEL, AS RECORDED IN OFFICIAL RECORD BOOK 2628, AT PAGES 1186 AND 1187, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY PARCEL; THENCE SOUTH 01025'43" WEST, DEPARTING SAID SOUTH LINE AND ALONG SAID WEST LINE, A DISTANCE OF 377.50 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN AMARA TEMPLE HOLDING CORPORATION, INC. PARCEL, AS RECORDED IN OFFICIAL RECORD BOOK 8239, AT PAGE 558, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88 034'17" EAST ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 660.00 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE NORTH 01 025'43" EAST, ALONG THE EAST LINE OF SAID PARCEL, A DISTANCE OF 2.50 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 7527, AT PAGE 1642, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88034'17- EAST, ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 305.97 FEET TO THE WEST LINE OF THE PLAT OF SAID OAKS — SUN TERRACE PLAT 3; THENCE SOUTH 01 °35'32" WEST, ALONG SAID WEST LINE, A DISTANCE OF 1075.00 FEET TO THE POINT OF BEGINNING. CONTAINING 44.54 ACRES, MORE OR LESS. LOCATION The subject property is located approximately 0.00 miles from the intersection of Burns Road and Alternate A -1 -A, on the the north side of Bums Road and the. east side of Alternate A -1 -A. Property Control No. of the subject property: 52 43 42 07 00 000 3120 J EXHIBIT R Rea d • 1 tltit iS14 f' + ui +r ttk: V 11Fi.i Jit' -Itil , !II!f ! rill, ' fJ i eJtIt 'r 1 i! {it i?litl t tl:i FI! IIJ:i ��s,+ti • �r,r Itll+ rilfl RiM H Clot [it' i {Ity.. 11.1. � ••......:r. i 111{1:, litl i f.: t7rt1 •; !. � 1 W JUL -29 -1999 16:22 LBr8&H — STUART 561 286 3925 P.02/04 LINOAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS TO: Kim Glas FROM: Tammy Jacobs DATE: - July 29,1999 SUBJECT: Catalina Lakes (LBFH File No 984022) We have completed a review of the Drainage Study of the Gardens East 1 Bums Road — RCA Boulevard Drainage Basins (January 1990, LBFH), and the SFWMD surface water management permit files for the Oaks project. We offer the following condition of approval for the above referenced project: 1) Prior to final City Council approval, the applicant shall submit a revised conceptual drainage plan for our review and approval demonstrating that the system cau meet the criteria outlined in our letter to Lawson, Noble & Webb dated July 25,1999. W/ Attachment TJ PAPBGMr- M0X4M.dm cc: Roxanne Manning City of P.B. Gardens JUL 29 1999 GRUWTFI MANAGEME141 DEPARTMEW 3550 S.W. COF970HAM. PAF4KVVAY • PALM CITY, FLOPMA 34090 • r56 1) 286,IPM • FAX (W) 206 -=5 ttW /wwwZftoom • c-ma: Intoftft om PALM CITY WEST PALM BENCH FORT PIE= (MEC HOSES J10... -29 -1999 16:23 LBF&H - STUART 561 266 3925 P.03/04 LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULT,i,! V� t PAC!': cfiS, SURVEYORS & MAPPERS July 25, 1999 Robert Lawson, P. E. Lawson, Noble & Webb L' 420 Columbia Drive West Palm Beach, FL 33409 Re: Catalina Lakes and St. Mark's Church - City of Palm Beach Gardens Dear Mr. Lawson: y City of P.B. Gardens 'Ift 29 1999 GRVNTH MANAGEMENT DEPARTMENT Pursuant to the agreement reached at our breakfast meeting, Lindahl, Browning, Ferrari & Hellstrom, Inc. has completed a review of the Drainage Study of the Gardens East / Bums Road — RCA Boulevard Drainage Basins (January 1990, LBFH), and the SFWMD surface water management permit files for the Oaks project. The July 1992 Staff Report issued for the Oaks project confirms an allowable discharge of 47.7 cfs for the Oaks basin (254.2 acres), which includes the offsite inflow from the "west' basin '-` (68.3 acres). This equates to 0.15 cfs/acre or 3.5" /day from the 322.5 -acre drainage area for the 25 -year 3-day storm. The calculations show that the west basin discharged 10 cfs into the Oaks project, which also equates to 0.15 c£slacre. The area of the Catalina Lakes / St. Mark's project included in the calculations provided by Lawson, Noble & Webb, is 57.06 acres. Utilizing the 0.15 efs/acre discharge rate results in an allowable discharge of 8.5 cfs for these projects. Our calculations show the RCA Boulevard drainage system, with a few minor modifications (including upsizing two driveway culverts and slightly lowering the invert of the western section of the ditch), can handle an additional inflow of 8.5 cfs, without causing any adverse tailwater impacts to the existing properties which drain into it Maria Clemente of SFWMD has verbally agreed to allow this discharge into the RCA drainage system. The City plans to submit a request for a letter of modification to the RCA Boulevard permit for the required modifications to the system. Accordingly, it is our recommendation to the City that the drainage lying west of Gardens East Drive, north of Burns Road, south of RCA Boulevard and east of Alternate Al A be directed to the RCA drainage basin utilizing the above stated parameters. We also suggest that you use a conservative approach to computing soil storage for the project area. &IM S.W CORPORATE PARKWAY • PALM CITY. F1.OM10A:y1�90 • M 1 280 -31WI • FAX (.=) 208.3925 htip:/ANww.I3ftcc t • 4 -ttwi: tnfoQ1bf %.com PN \t tm WKST PALM BEACH ro rr fUrt flKtftlil xux Lt k-8,N — ST"T 561 296 3925 P.04iO4 Please call if there are any questions as to our analysis and/or recommendation. Ver ly Y /-2 U i,evfw 9.bindahk P. E. cc: Bo bic Hcrakovich, City Manager Ro awe Manning Jack l- Janson Maria Clemente, SFWMD P:�F'bgmemol4022q.Qac i TOTAL P.04 V LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. &( 0 CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM TO: Kim Glas FROM: Tammy Jacobs DATE: July 13, 1999 SUBJECT: Catalina Lakes (LBFH File No 98 -4022) We have reviewed the revised Master Site Plan, Site Plan, Detail Sheet, Landscape Plan, Typical Landscape Plan and Temporary Sales Site Plan prepared by Cotleur & Hearing received June 18, 1999 and revised Preliminary Engineering Plan prepared by Lawson, Noble & Webb, Inc, received June 18, 1999. We offer the following comments: 1) Conditionally Satisfied. The City Engineer has completed the RCA Drainage Basin analysis with respect to the inclusion of the discharge from Catalina Lakes as an alternativelto the proposed drainage plan and we are ready to issue our conclusions. We have also attended meetings with SFWMD to discuss the drainage issues and arrive at a mutually agreeable solution and will be ready to issue our comments simultaneously with SFWMD. We recommend that the applicant be heard by the Planning & Zoning Commission but that the drainage issues be concluded to the satisfaction of both the City and SFWMD prior to scheduling the first City Council meeting. 2) Satisfied. The applicant has revised the note on sheet 1 of 2 to include RCP under load bearing surfaces. 3) Satisfied. The applicant has provided Typical Lot Drainage Details to sheet 2 of 2. Storm water runoff from rear lots adjacent to the water management lakes will sheetflow directly into the lakes. Storm water runoff from rear lots not adjacent to water management lakes will be directed to the lakes utilizing pipe and catch basins. _r___ 4) Previously Satisfied. c 5) Previously Satisfied. 001 00 .4 6) Previously Satisfied. tic 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • http: / /www.lbfh.com • e -mail: info @lbfh.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE Catalina Lakes (LBFH File No 984022) 7) Previously Satisfied. 8) Previously Satisfied. 9) Conditionally Satisfied. The entrance has been revised to provide 2 -12.5' ingress lanes and 2 -10' egress lanes. However, prior to scheduling the first City Council meeting, the ingress lanes will need to be properly striped to narrow the two egress lanes to one egress lane as the round a bout is approached. 10) Previously Satisfied. 11) Previously Satisfied. 12) Previously Satisfied. 13) Previously Satisfied. 14) Previously Satisfied. 15) Conditionally Satisfied. Prior to scheduling the first City Council meeting, the City requests that a site inspection be arranged with the applicant to view established neighborhoods utilizing unrestrained paver blocks within the residential areas. We -have concerns that the unrestrained paver blocks will be not provide longevity and pose a maintenance problem. 16) Previously Satisfied. 17) Previously Satisfied. 18) Conditionally Satisfied. Prior to construction plan approval the applicant will need to provide a letter of authorization from the appropriate utilities allowing landscaping and paving with the utility easements. 19) Previously Satisfied. 20) Previously Satisfied. 21) Satisfied. The wheel stop note shown on the Lot Striping Detail sheet 2 of 2 has been removed. The applicant is requested to return a copy of our comments with the applicant's acknowledgment of each comment and the response. Compliance will expedite the subsequent review. Catalina Lakes (LBFH File No 984022) TJ PAPBGMEMO \4022o.doc cc: Bobbie Herakovich Roxanne Manning Fire — Rescue Chief Peter T. Bergel Life Safety Services Division • inspection Services • Community Eduction • Phns Review • Fire Investip&n (561) 775 -8260 Fax (561) 775 -8269 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 I June 22, 1999 To: Angela Csinsi, City Planner Fr: Scott A. Fetterman, Asst Chief / Fire Marshal RE: (PUD -98 -09) Catalina Lakes Townhomes. The Fire Rescue Depaament has reviewed the revised site plan for Catalina Lakes (06/07/99), and has no adverse comments or concerns at this time. Thank you for your consideration in this matter. Please contact me if you have any questions or any future changes are proposed. CITY.OF PALM BEACH GARDENS GROWTH MANAGEMENT DEPARTMENT/BUILDING DIVISION MEMORANDUM Date: June 8, 1999 To: Angela Csinsi, Planner I From: Jack Hanson, Building O Subject: PUD -98 -09 — Catalina Lakes ownhomes I have examined the drawings and documents for the above project and I have no concerns in terms of the building and sign codes. I recommend approval. Seacoast Utility Authority EXECUTIVE OFFICE: June 8, 1999 VIA FAX: 775 -1014 Ms. Angela Csinsi Planning and Zoning Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Catalina Lakes Dear Ms. Csinsi: MJ Mailing Address. P.O. Box 109602 Palm Beach Gardens, Florida 33410 -9602 We offer the following comments on your transmittal dated June 7, 1999 concerning the referenced project. 1. Due to the limited green areas available in this project, we are not able to comment on the conceptual landscape plans at this time. Each area with water meters, backflow preventers and the like will have to be reviewed on a case -by -case basis to determine what landscaping will be acceptable in that area. 2. Once detailed water and sewer plans are submitted, we will be able to provide further input on the landscape plans. Please call if you require additional information. Sincerely, COAST UTIL AUTHORITY Bruce Gregg Director of Operations ad cc: Run Bishop Jim Lance Scott Serra 4200 Hood Road, Palm Beach Gardens, Florida 33410 -2198 Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627 -2900 / FAX (561) 624 -2839 Jn Qb Cotleum Hearing Landscape Architects Land Planners Environmental Consultants June 3, 1999 Mr. Jim Norquist City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 -4698 Re: Catalina Lakes Planned Unit Development MacArthur Foundation Parcel 7 CH Project 498 -0806 Dear Jim: � pf p8. Garde "s Y':`t GRU'M� UE AR�MENS This correspondence is in response to the May 25, 1999 Planning and Zoning Board workshop in connection with the above referenced project. At the May25, 1999 workshop DiVosta and Company presented revised plans for the proposed Catalina Lakes Neighborhood in response to the Planning and Zoning Board's January 19, 1999 workshop meeting. The plans for the Catalina Lakes project have been modified to address the concerns expressed by the Board during the May 25, 1999 workshop. To assist you in your review please find below a response to xhe concerns identified by the Planning and Zoning Board, together with the action or actions taken. 1) Several Planning and Zoning Board members ;requested that the applicant consider providing some curvature to the roadway running along the eastern boundary. To address this concern the applicant has incorporated a median feature in the center portion of the road which': will act to provide diversity to the street, provide traffic calming and provide a juxtapositioning of the townhome in this area. This modification, we believe, substantially addresses the concern and recommendations of the Planning and Zoning Board. Maplewood Professional Center 1934 Commerce Lane - Suite 1 Jupiter, Florida 33458 5617476336 FAX 561747 -1377 http: /www.codeur -heoring.com Mr. Jim Norquist Catalina Lakes PUD June3, 1999 Page 2 2) Planning and Zoning Board requested that additional information concerning the architectural details as reflected on the proposed elevations be provided on the plans. The Architectural Plans have been modified to include an exterior finished schedule and a materials legend to address this matter. The revised plans include details concerning all the exterior finishes, the manufacturer and type of proposed decorative architectural features, the thickness of proposed stucco banding and the like. Additionally, enclosed with this correspondence is a brochure from the proposed shutter manufacturer which provides information concerning the cellwood premier composite material utilized for the shutters. The applicant proposes to provide three different elevation types with three difference portico design options. Three different two -tone color options will be utilized with three different roof color blends. Intermixing these four components will provide for the potential for 81 different variations of the exterior elevations. A color board reflecting each of the proposed colors and roofing blends has been previously provided to the Staff. 3) The Staff and Planning and Zoning Board have requested that the applicant provide curbing for the planting strips between the driveways on private residential lots. The applicant respectfully requests consideration of a waiver for this requirement. The proposed townhomes will be a fee simple form of ownership. It is the applicant's experience ownership in property makes a significant difference in how people care for landscaping and other similar features. In addition, the landscaping within the front yard of the homes will be maintained by the homeowners association. In the applicant's extensive history, they have not experienced a problem with homeowners destroying or damaging the landscape strips between residential driveways. An additional justification is provided in the summary of justification waivers attached hereto. As requested by the Staff, the applicant has prepared a detail reflecting the proposed driveway paver installation. 4) The Staff and Planning and Zoning Board directed the applicant to relocate the 16 townhome buildings located on the main entrance road east of the roundabout. As directed, the applicant has revised the Site Plan to relocating all the homes to other areas of the Site Plan. The subject portion of roadway now offers expansive lakeviews where townhomes were previously proposed. 5) During the workshop the applicant offered a condition of approval committing to buffering swimming pool screened enclosures. A note has been added to the Site Plan indicating that no pool screened enclosures shall be visible from the public streets abutting the Catalina Lakes community. Mr. Jim Norquist Catalina Lakes PUD June 3, 1999 Page 3 6) The Planning and Zoning Board and the Staff have requested that additional guest parking spaces be provided. To address this concern the applicant has provided three guest parking spaces between lots 57 and 58. One additional guest parking space has been provided between lots 68 and 69. These modifications bring the total guest parking spaces to 47, which is 8 spaces more than required by the Code. The total number of available parking spaces within the community is now 848 spaces with 833 being required. In addition to the May 25, 1999 Planning and Zoning Board comments, please also find below a response to the action or actions taken to remedy the outstanding Staff concerns. Engineering issues — Lindahl, Browning, Ferrari & Helstrom May 19,1999 Memorandum 2) As requested, the preliminary Engineering Plans have been revised to include a note stating that "All drainage pipe within the right -of -way and under low bearing surfaces will be RCP." 3) As requested, the applicant has provided additional detail concerning the drainage for the rear of the lots adjacent to the property boundary to reflect the method of stromwater conveyance. The applicant's engineer has discussed this matter with the City Engineer. 11) The applicant has revised the plans to remove the "Do Not Enter" and the "One Way" signage on the eyebrow located on the street of the northern cul -de -sac. 21) The parking lot striping detail has been revised as requested. Mark Hendrickson's May 11, 1999 Memorandum The applicant's May 20, 1999 response addresses many of the issues outlined in Mark Hendrickson's May 11, 1999 memorandum. As a follow -up to these responses, please find below additional information concerning other actions taken to address the Forester's concerns. 1) An additional narrative has been provided concerning the applicant's request for not providing curbing within the landscape areas of private residential driveways. 2) The applicant has provided an additional waiver justification concerning the reduction of the 15 -foot required buffer area at the southwest corner of the BellSouth facility. Buffer Cross - Sections As requested by the City Forester, cross - sections of the proposed perimeter buffers of the community have been provided. As previously expressed in our May 20, 1999 Mr. Jim Norquist Catalina Lakes PUD June 3, 1999 Page 4 correspondence the existing drainage ditch will likely be deeded to the City as a part of the Record Plat for the Catalina Lakes community. The maintenance of the ditch will continue to be the responsibility of the City of Palm Beach Gardens. Typical Elevation of Mailboxes As requested, the typical elevation of the proposed CBU mailboxes have been provided on the Detail Sheet. The applicant proposes to utilize combination box units that are provided by the U.S Postal Service. These boxes will be conveniently distributed throughout the community. Please find enclosed eight (8) sets of revised 24" x 36" Plan Sheets together with one set of 11" x IT' reductions for your convenience. We appreciate the Staff's continued support and look forward to moving forward to the public hearing for this project. Should you have any questions or need any additional information, please do not hesitate to contact me. nicer yo onaldson Hearing DH:nt Enclosures cc: Rick Greene Waiver Justification aty of P.B. Gardens Section 98 -72 (a) Plantings The applicant is requesting approval for providing a 0' buffer at a single point, whkA" s at: the southwest comer of the Bell South property. At this one point, the comer acid thAwgle of the' internal road ROW become cotangent. This condition is necessary due to the unique and narrow configuration of the property in this location and the constraints imposed by the'Land Development Regulations to provide a 55' Buffer along Alternate Al A. The applicant proposes to construct a 6' concrete wall, which will be planted withficus pumila vine to create a green wall. Dense plantings of sabal palms and cocoplum are provided throughout out the buffer with the exception of this one point. Additionally, large live oak street trees are to be planted,- within the tree land area adjacent to the street. A tree has been strategically placed at the subject comer to assist in mitigating this condition. Section 98 -72 (a) of the LDR's and Landscape Code establishes a minimum of 8' perimeter buffer around properties except where commercial or industrial properties abut residential or less intense uses, where a 20' buffer is required. The subject project is a Planned Unit Development and, as such, all setbacks are established by the City Council. LDR Section 118- 213 (PUD Districts) (h) "Setbacks Required" states that the City Council shall impose appropriate setbacks along the external boundaries of the PUD to buffer the adjacent land uses... ". The 8' perimeter buffer requirement of the Landscape Code serves as a guideline for establishing PUD buffers. The primary intent of this code provision is to buffer adjacent properties from the proposed PUD. In the case of the subject waiver request, the reduction in buffer will not adversely impact the adjacent Bell South Facility, which is considered a light industrial use. The site design for this area has been carefully considered. No homes back up to the subject area, and a road right of way separates the homes located on the opposite side of the street. A 6' concrete wall is provided in this area. Furthermore, the reduction of buffer occurs at a single point. Considering the uniqueness of this condition, the constraints imposed by providing by other. LDR provisions, that fact that no homes front on the subject buffer and other measures proposed by the applicant, we believe this request is justified. Section 98-68 Parking Areas (c.) The City Forester has requested the applicant seek a waiver from this provision of the LDR's. Section 98-68 (c.) (" Parking ") relates to parking areas, and we believe is intended to regulate parking lots and not residential driveways on fee simple lots. Nonetheless, the City Forester has requested the applicant request a wavier from the requirements for providing protective curbing around landscape areas separating residential driveways between individual townhome units. The applicant is seeking the City's consideration of this request due to the fact that thetownhomes will be sold in a fee simple form of ownership and the landscaping will be maintained by the homeowners association. The applicant has extensive experience developing similar product types throughout Palm Beach County. It is the applicants experience when residents own their dwelling, greater care and concern is given to protecting and maintain their property and, consequently, their property values. The applicant has not experienced the concerns expressed by the City Forester to the landscape areas between driveways. The applicant would encourage the Staff to evaluate other successful communities completed by the applicant with similar conditions. These include thetownhomes at Riverwalk, Charleston Court at Abaoca, Newhaven at Abacoa and Tequesta Oaks. Memo to File From: Mark Hendrickson, City Forester Subject: PUD- 98 -09, Catalina Lakes Townhomes Date: July 26, 1999 I have reviewed the median landscaping plans submitted July 14, 1999. The following are my comments for the August 19, 1999 City Council meeting: In the north east portion of the site, the 45' wide road right -of -way (ROW) converges with the 15' buffer area between this project and the existing Southern Bell project. Staff would prefer that the 15' landscape buffer not be encumbered by a ROW. Southern Bell is proposing an expansion to a two story building. Staff wants to have both property owners buffered from each other to the greatest extent possible. I recommend the following conditions for consideration: 1. The applicant shall work with staff and Southern Bell to move the Catalina Lakes buffer wall and landscaping out of the Santa Barbara Drive right -of way when Southern Bell amends their site and landscape plan. 2. The applicant shall install the Alt. AlA and Burns Road landscaping as approved by City Council within one year of the first certificate of occupancy. The applicant, his successors and/or assigns shall maintain the Alt. AlA and Burns Road landscaping per City maintenance standards, or shall pay to the City, or special roadway maintenance district if one is adopted, the total cost of maintenance. A reasonable fee shall be determined annually, paid in quarterly installments by the applicant and his successors and/or assigns commencing on the first of November following the installation. Specific provisions for payment, and revisions thereto, may be addressed by separate agreement between the City and applicant, his successors and/or assigns. 3. The Alt. AIA, and Burns Road perimeter landscape buffers shall be installed concurrent with the construction of the adjacent interior roadways or townhouse, whichever occurs first. Q b 6 E C E � b x wq Q F_Ag b ^.o a8 tls C E $g3 �b� �� ob !•'3{ F rL S Ra gr $ z. s $ : a g A a p a Eli $ Q r n s Z < v o a it tTl IT 0 n CD TTV� ^1 CD 0 CD (J� a� z a � ° �• Ep- s 'Ti cn o W ° b va `.°. ° g S S b f s � b E o ! 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Recommendation /Motion: Staff recommends aDDroval of Ordinance 33. 1999 Reviewed by:` Originating Dept.: Costs: $_0 Council Action: Total City City Attorney 00-0 Growth Management [ ] Approved Finance N/A $ 0 [ ] Approved wiconditlons ACM Current FY [ ]Denied Human Res. N/A Funding Source: [ ] Continued to: Advertised: Other N/A Date: [ ] Operating Attachments: Paper: [ ] Other N/A Ordinance 33, 1999 [ x ] Not Required land use map Location map Submitted by: Growth Management Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: Hank Skokowski, agent, has requested a land use amendment for a .33 acre site from Palm Beach County Future Land Use Designation of Low Residential -3 to City of Palm Beach Gardens Future Land Use Designation of Residential Medium (RM). The site is located in unincorporated Palm Beach County, approximately 1/4 mile northeast of the intersection of Prosperity Farms Road and PGA Boulevard. (5- 42S -43E) Existing Land Use: Maximum Allowed The existing land use is Palm Beach County Low Residential (LR -3). The maximum development calculated under this designation is one dwelling unit. Proposed Land Use: Maximum Allowed The proposed land use designation is Palm Beach Gardens Residential Medium (RM). With Planned Unit Development zoning, up to nine (9) dwelling units per acre is allowed. Land Planning Agency Petition LU -99 -01 Page 2 August 19, 1999 Therefore, the maximum development allowed under the proposed designation would be three dwelling units. Surrounding Land Uses The proposed land use amendment would allow for the expansion of the approved Marina Gardens Planned Unit Development with three (3) additional dwelling units Staff has notified the Palm Beach County Intergovernmental Plan Amendment Review Committee '(IPARC) about the proposed land use amendment. The proposed amendment has received no objections through this forum. Due to concerns from County residents on the north side of Idlewild Road during the initial approval of the Marina Gardens PUD, staff is recommending that the petitioner meet with homeowners to explain the proposed expansion. The subject area is located within the High Hazard Coastal Area as designated by the Comprehensive Plan. In the event of a hurricane, residents of this area will be required to evacuate to shelter. The nearest designated red cross shelter is Palm Beach Gardens High School with maximum capacity of 2,500 persons. The Comprehensive Plan estimates that 271 City residents will seek shelter in the event of a hurricane. With the addition of an estimated '5 persons, the capacity should not be- negatively affected. The subject site is. located within. the, City's future annexation area. The petitioner is processing an annexation application simultaneously with this petition. The Vision Plan does not address lands within the future annexation area. Development Name Land Use North Idlewild Road Subdivision Palm Beach County LR -3 Single Family Residential (Low Residential 3 dwelling units per acre maximum) South Marina Gardens PUD Palm Beach Gardens Residential Medium (RM) East Idlewild Road Subdivision Palm Beach County LR -3 Single Family Residential (lot 9) (Low Residential 3 dwelling units per acre maximum) West Marina Gardens PUD Palm Beach Gardens Residential Medium (RM) The proposed land use amendment would allow for the expansion of the approved Marina Gardens Planned Unit Development with three (3) additional dwelling units Staff has notified the Palm Beach County Intergovernmental Plan Amendment Review Committee '(IPARC) about the proposed land use amendment. The proposed amendment has received no objections through this forum. Due to concerns from County residents on the north side of Idlewild Road during the initial approval of the Marina Gardens PUD, staff is recommending that the petitioner meet with homeowners to explain the proposed expansion. The subject area is located within the High Hazard Coastal Area as designated by the Comprehensive Plan. In the event of a hurricane, residents of this area will be required to evacuate to shelter. The nearest designated red cross shelter is Palm Beach Gardens High School with maximum capacity of 2,500 persons. The Comprehensive Plan estimates that 271 City residents will seek shelter in the event of a hurricane. With the addition of an estimated '5 persons, the capacity should not be- negatively affected. The subject site is. located within. the, City's future annexation area. The petitioner is processing an annexation application simultaneously with this petition. The Vision Plan does not address lands within the future annexation area. Land Planning Agency Petition LU -99 -01 Page 3 Utilities August 19, 1999 Seacoast has reviewed this petition and has commented that the water and sewer system have the capacity to accommodate the additional demand which would be created by the proposed land use amendment. Northem Northern PBC Improvement District has reviewed this petition and has commented that they have no concerns. School Board Palm Beach County School Board has reviewed this petition and has commented that any additional school aged children will negatively effect existing school capacities. STAFF RECOMMENDATION: S Staff recommends approval of Ordinance 33, 1999. SU BJEGT SITE j(1, y i l • u� t f ITS ~J i .r. �, .A C � f�' ad•� m. •:,M yi . >w°y%.• .�L2}•. .,� i.� �. .sr W+ �.a.R -� � � vii -�t- ?• -. Z �� �r t f � - ' ".• � •_M1 {{J,�_�> ti`s -.. {t _ -� ..'W� .1 t N Orap T 4 S1te--,Data 1 �x Rjdkin .� r rli.• spy• .t.'` JA low ti • Y I , � -� ...�; t•� y , h. ,CI• •: 1I.� f� has � '1is M^ H C C � f�' ad•� m. •:,M yi . >w°y%.• .�L2}•. .,� i.� �. .sr W+ �.a.R -� � � vii -�t- ?• -. Z �� �r t f � - ' ".• � •_M1 {{J,�_�> ti`s -.. {t _ -� ..'W� .1 t N Orap T 4 S1te--,Data 1 �x Rjdkin .� July 20, 1999 ORDINANCE 33, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS BY CHANGING THE LAND USE DESIGNATION ON .33 ACRES OF LAND LOCATED SOUTH OF IDLEWILD DRIVE AND 1/4 MILE EAST OF PROSPERITY FARMS ROAD PALM BEACH r COUNTY LOW RESIDENTIAL - 3 TO CITY OF PALM BEACH GARDENS RESIDENTIAL MEDIUM (RM); 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 received an application from Mutual Land Development Co., Ltd. to amend the land use designation of .33 acres of land south of Idlewild Drive and 1/4 mile east of Prosperity Farms Road, as more particularly described in Exhibit 'A' attached hereto, from Palm Beach County Low Residential -3 to City of Palm Beach Gardens Residential Medium (RM); and WHEREAS, the Growth Management Department (the "Department ") has reviewed said application and determined that it is sufficient; and WHEREAS, the land use amendment is internally consistent with the City's Comprehensive Plan; and WHEREAS, the land use amendment is consistent with Chapter 163.3187(1)(c), F.S. pertaining to small scale amendments; and WHEREAS, the Planning and Zoning Commission is the duly constituted land planning agency for the City which has recommended the land use amendment to the Comprehensive Plan of the City; and WHEREAS, the City Council acknowledges that this land use amendment is subject to the provisions of Chapter 163.3187(3)(c), F.S., and that the City shall maintain compliance with all provisions thereof; 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 Ordinance 33, 1999 Page 2 Comprehensive Plan of the City is hereby amended to change the land use designation on .33 acres of land south of Idlewild Road and 1/4 mile east of Prosperity Farms Road, more specifically described in Exhibit "A ", from Palm Beach County Low Residential -3 to City of Palm Beach Gardens Residential Medium (RM). 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 Comprehensive Plan of the City. SECTION 3. Consistent with Chapter 163.3187(3)(c), F.S., this Ordinance shall become effective 31 days after adoption. PLACED ON FIRST READING THIS 19' DAY OF JULY 1999. PLACED ON SECOND READING THIS PASSED AND ADOPTED THIS ATTEST BY: LINDA V. KOSIER, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO g/long: 10901.ondoc /kg/j1 DAY OF DAY OF JOSEPH RUSSO, MAYOR 1999. 1999. APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CAROLE POST, CITY ATTORNEY AYE NAY ABSENT Exhibit "'A" "MARINA GARDENS - LOT 8" LEGAL DESCRIPTIONS February 23, 1999 BOUNDARY SURVEY FOR: MUTUAL LAND DEVELOPMENT, CORP. This survey is made specifically and only for the following parties for the purpose of a dosing on the surveyed . Property Mutual Land Development, Corp. Attomeys' Title Insurance Fund, Inc. No responsibility.or liability is assumed by the undersigned surveyor for any other purpose or to any other party other than stated above. - PROPERTY ADDRESS: 23261dlewild Road, Palm Beach Gardens, FL 33410 LEGAL DESCRIPTION: A parcel of land in the Northeast one - quarter of Section 5, Township 42 South, Range 43 East, Palm Beach County; Florida, more particularly described as follows: From the Northeast comer of said Section 5, nun thence South 2.01' 47" West on the East line of said Section 5 a distance of 1644.62 feet, thence run North 88' 31' 05" West a distance of 1673.93 feet; thence run South 1' 30' 54" West, a distance of 70.74 feet to the POINT OF BEGINNING of the parcel herein conveyed; thence continue South 1' 30' 54" West a distance of 109.68 feet thence run North 88' 29' 06" West a distance of 130.0 feet; thence nun North 1' 30' 54" East a distance of 111..45 feet; thence nun South 87' 4T 42" East a distance of 130.01 feet to the POINT OF BEGINNING.. Subject to easement for utrTitles over the South 6 feet thereof, and easement for road right of way over the West 30 feet and the North 6 feet thereof. a I a m a I OW Xt evil a I a m a I OW CITY OF PALM BEACH GARDENS City Council Agenda Cover Memorandum Meeting Date: August 19, 1999 Subject/Agenda Item: Consideration of First Reading: Ordinance 36, 1999 Howell Lane Property: Small -Scale Land Use Change Recommendation /Motion: Staff recommends approval of Ordinance 36, 1999. Reviewed by: , p Originating Dept.: Costs: $_0 Council Action: ,��u?3�i Total City AttorneynX= Planning Division [ ] Approved ACM Q:? $--Q.— [ ] Approved V conditions r Current FY Other N/A [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ ] Other N/A Ordinance 36, 1999 PBPost [ ] Not Required Staff Report Submitted by: Growth Mgt. Director Affected parties [ ] Notified Budget Acct #: [ ] None Approved by: adjacent neighbors City Manager [ ] Not required Request: Staff is initiating a small -scale land use change on the 8 acres of City -owned property located at Northlake Boulevard and Howell Lane. The current land use designation is Recreation and Open Space (ROS). The proposed land use is Public /Institutional (P /1) which will facilitate the location of Fire Station #3 on the property. Background: The property was dedicated to the City in 1989 as a requirement of the Ballenisles development order. The development order condition ( #34) references the purpose of the site as being `community facility' use, however, correspondence and application materials in the project file refer to the site as a 'park'. The property was designated with Recreation and Open Space land use in 1990 which further clarified its intended use as a future public park. The property has remained vacant since its dedication to the City and has not been utilized in recreation and open space level of service (LOS) analyses. It has not been calculated into the inventory of public park land for LOS purposes because it is unimproved and the City's LOS for parks and recreation is measured by 'acres of improved neighborhood and community park'. The site has been selected by the City's Fire Rescue Department as an ideal location for Station #3. In order to develop the property with a fire - station, a land use change is needed. Therefore, staff is initiating a small -scale land use amendment to change the designation from Recreation and Open Space to Public /Institutional. Recommendation: The Local Planning Agency, at its August 10`h public hearing, recommended approval of the land use change. Staff recommends approval of the small -scale amendment. cdorm.howell Location Ma p Howell Lane Property �l PUT WIN, July 19, 1999 ORDINANCE 36,1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS BY CHANGING THE LAND USE DESIGNATION ON 8 ACRES OF LAND LOCATED NORTH OF NORTHLAKE BOULEVARD AND EAST OF HOWELL LANE FROM RECREATION AND OPEN SPACE TO PUBLIC/INSTITUTIONAL LAND USE; 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 owns 8 acres of land located north of Northlake Boulevard and east of Howell Lane, as more particularly described in Exhibit `A' attached hereto, and desires to change the land use from Recreation and Open Space (ROS) to Public/Institutional (P/I); and WHEREAS, the Growth Management Department (the "Department ") has reviewed said application and determined that it is sufficient; and WHEREAS, the land use amendment is internally consistent with the City's Comprehensive Plan; and WHEREAS, the land use amendment is consistent with Chapter 163.3187(1)(c), F.S. pertaining to small scale amendments; and WHEREAS, the Planning and Zoning Commission is the duly constituted land planning agency for the City which has recommended the land use amendment to the Comprehensive Plan of the City; and WHEREAS, the City Council acknowledges that this land use amendment is subject to the provisions of Chapter 163.3187(3)(c), F.S., and that the City shall maintain compliance with all provisions thereof; Ordinance 36, 1999 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 Comprehensive Plan of the City is hereby amended to change the land use designation on 8 acres of land north of Northlake Boulevard and east of Howell Lane, more specifically described in Exhibit "A ", from Recreation and Open Space to Public/Institutional. 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 Comprehensive Plan of the City. SECTION 3. Consistent with Chapter 163.3187(3)(c), F.S., this Ordinance shall become effective 31 days after adoption. PLACED ON FIRST READING THIS THE PLACED ON SECOND READING THIS THE PASSED AND ADOPTED THIS THE JOSEPH R. RUSSO, MAYOR LAUREN FURTADO, VICE MAYOR Ordinance 36, 1999 Page 2 DAY OF MISS DAY OF , 1999. DAY OF , 1999. ERIC JABLIN, COUNCIL MEMBER DAVID CLARK, COUNCIL MEMBER CARL SABATELLO, COUNCIL MEMBER ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO GALong RangeTUchange.howell.wpd Ordinance 36, 1999 Page 3 N N 1'4G 3714E /o• Ef/sEM.ENT Tb I �°/�•N QEAcH � crw.vr�'un� /rigs "Di• NooeT// U E SGY/jrNQGO. Gb I W -4 Ned•3o'P7NlV —12C �f,/65T GA/lE PA�2.� R -- V /SEL7 MAY /, /9BJ 43o.ct�' SEC /¢ %, S414 ,v _ /3 23 T 24 �v NOTE- THIS DRAWING DOES NOT REPRESENT A FIELD SURVEY AND 13 BASED ON OFFICE INFORMATION ONLY. a ; u Zao14 Hutcheon Engineers I � o:o.� Ei9SF�yENT � I O 1 L/T /L /T /E.5 I u a:;;taw. C N1/ CMOARCAOSPO GRIM. WIOT FACY MACK ftA1N1 I w.E.57- I-I E A OL 4 CAST OiCLOIA. STUART. fl. 10f04 I %Y6ST E//�c x•7" I W -4 Ned•3o'P7NlV —12C �f,/65T GA/lE PA�2.� R -- V /SEL7 MAY /, /9BJ 43o.ct�' SEC /¢ %, S414 ,v _ /3 23 T 24 �v NOTE- THIS DRAWING DOES NOT REPRESENT A FIELD SURVEY AND 13 BASED ON OFFICE INFORMATION ONLY. a ; u Zao14 Hutcheon Engineers A OR/L, /9891 o:o.� moG fppK �• p• CIVIL ENGINEERS l SURVEYORS I u a:;;taw. C N1/ CMOARCAOSPO GRIM. WIOT FACY MACK ftA1N1 �J/4- OL 4 CAST OiCLOIA. STUART. fl. 10f04 LEGAL DESCRIPTION That portion of Section 14, Township 42 South, Range 42 East in the City of Palm Beach Gardens, Palm Beach County, Florida, described as follows: Beginning at the intersection of the North line of the South 460.00 feet of the Northeast quarter of the Southeast quarter of the Southeast quarter of said Section with the West line of the East 430.00 feet of said Section; thence South 01'43'07" West along said West line a distance of 460.00 feet to the South line of said Northeast quarter of the Southeast quarter of the Southeast quarter; thence-South 88'27'48" East along said South line a distanceYof 98.79 feet to the West line of the East half of the Southeast quarter of the Southeast quarter of the Southeast quarter of said Section; thence South 01044'52" West along said West line a distance of 664.68 feet to the South line of said Section; thence North 88'30'27" West along said South line a distance of 331.55 feet to the West line of the East quarter of the Southeast quarter of said Section; thence North 01.46'37" East along said West line a distance of 1,124.94 feet to said North line of the South 460.00 feet of said Northeast quarter of the Southeast quarter of the Southeast quarter; thence continue North 01'46'37" East along said West line a distance of 92.10 feet; thence South 88'27148" East a distance of 231.87 feet to said West line of the East 430.00 feet of said Section; thence South 01'43'07" West along said West line a distance of 92.10 feet to the POINT OF BEGINNING. Containing 8.00 Acres, more or less. CERTIFICATION (NOT VALID UNLESS SEALED WITH EMBOSSED SURVEYOR'S SEAL) I HEREBY CERTIFY that the Description and Sketch of the roperty shown hereon was completed under by direction on j,"X14 -"C-, /98" and that said description is true and correct to the best of my knowledge and belief. DATE OF SIGNATURE: kontooK OaW. No. .o. CJC _._..... BETTY OU BLANKMAN Registered Land Surveyor Florida Certificate No. 4516 Hutcheon Engineers ADAM CIVIL [NOINEERS • SURVEYORS FL.114 ant a 06W. W& / 4481 (MBAQC,AOCRO CHIVE. WEST PALM "CAM 0f " {AST OSCCOLA. STVA117. /L. 141 *4 —• Of 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared _August 16, 1999 Meeting Date _August 19, 1999 Subject[Agenda Item: Approval of annual membership tennis fees and daily fees at the Municipal Tennis Center. Recommendation/Motion: Staff recommends that the Council approve the requested tennis fees to be charged at the Palm Beach Gardens Tennis Center. Reviewed by: Originating Dept: Costs: $_NIA Council Action: Parks and Recreation Total City Attorney [ ] Approved Finance $ [ ] Approved w conditm Current FY ACM v [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: ( ] Operating Paper. [ ] Other 1. Memo form Parks and [ X ] Not Required Recreation Director Submitted by: Sue Mil Department Dir r Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: City Manager . [ ] Not required BACKGROUND: Approval of the annual membership fees and daily fees for the tennis center are submitted for council approval. The proposed fees, which would be in effect beginning January 1, 2000, are proposed on a nine month calendar (ending on September 30, 2000), in order that the fees can be adjusted in the future in accordance with the fiscal year calendar. MEMO PARKS AND RECREATION TO: Bobbie Herakovich, City Manager FROM: Sue Miller, Director, Parks& Recreatio DATE: August 16, 1999 RE: Tennis Fees *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DISCUSSION: The following chart represents stafPs recommendations for annual membership and daily fees at the tennis center (Current fees are also listed). The fees are projected at a nine month rate in order that the tennis center can begin, in October, 2000, to charge the fees in conjunction with the fiscal year. Category Current Rate Proposed Annual Rate Proposed Nine Month Rate Resident Single $115 $120 $90 Resident Family $200 $210 $157.50 Resident Junior (under 18 years of e $25 $25 $18.75 Non - Resident Single $300 $330 $247.50 Non - Resident Family $475 $520 $390 Non - Resident Junior (under 18 years of age) $50 $50 $37.50 Both the guest fees and open court fees are proposed to remain the same. Guest fees: Open Court Fees: One Hour: One and one half hours: Resident $4 $8 (two players) $16 (four players) Non - Resident $7 $14 (two players) $28 (four players) Memo — Tennis Fees August 16, 1999 Page 2 The proposed increases for resident membership rates represent an approximate 5% increase, while the non - resident increase is approximately 10 %. Staff was of the opinion that the non- resident increase should represent the approximate percentage increase residents are facing with their new property taxes. RECOMMENDATION: Staff recommends that Council adopt the requested rate increases. MEMO PARKS AND RECREATION TO: Bobbie Herakovich, City Manager FROM: Sue Miller, Director, Parks & Recreation #,Irj DATE: August 13, 1999 RE: Tennis Fees *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** The following table reflects a staff survey regarding proposed tennis memberships fees for next year. If you have any questions regarding these fees, please advise. Membership Proposed PBG Proposed 9 month North Palm Boyton Palm Beach * ** Boca PBG Beach* Beach ** Raton * * ** Resident - $120 $90 $282 $140 $200 $159 Single Resident - $210 $157.50 $367 $225 $400 $212 Family Resident- $25 $18.75 n/a n/a $50 n/a Youth Non Resident- $330 $247.50 $367 $275 $375 $240 Single Non - Resident- $520 $390 $490 $385 n/a $360 Family I I Non - Resident - $50 $37.50 n/a n/a $165 n/a Youth 1 T i u Ciay Courts 6 Clay Courts, 2 Hard ** 16 Clay Courts, 5 Hard Courts * * * *17 hard Courts, No Clay CC: Richard Diamond, Assistant City Manager CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: — August 16, 1999 Meeting Date: August 19,1999 Subject/Agenda Item: Approval of the Golf fee rate maximums for the 1999 — 2000 fiscal year. Recommendation/Motion: Staff recommends that the Council approve the requested golf fee rate maximums to be charged at the Palm Beach Gardens Municipal Golf Course for fiscal year 1999 - 2000. Reviewed by: Originating Dept: Costs: $_n/a Council Action: Total City Attorney Parks and Recreation [ ] Approved Finance $ [ ]Approved W, conamom Current FY ACM [ ]Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Paper. [ ] Other I. Memo from Parks and Recreation Director. 2. Copy of proposed rate [ X ] Not Required maximums. Submitted by: Sue Miller Department Difect0 Affected parties ( ] Notified Budget Acct #:: N/A [ ] None Approved by: City Manager [ ] Not required BACKGROUND: Meadowbrook Golf, Inc., the management firm contracted by the City of Palm Beach Gardens to manage the municipal golf course, has submitted the golf fee rate maximums for fiscal year 1999- 2000. Staff is requesting the city council to approve these maximums. MEMO PARKS AND RECREATION TO: Bobbie Herakovich, City Manager FROM: Sue Miller, Director, Parks & Recreation DATE: August 16, 1999 RE: Golf fee rate maximums for fiscal year 1999 -2000 DISCUSSION: Meadowbrook Golf Group has submitted their proposed golf fee rate maximums for fiscal year 1999 -2000 (see attached chart). The golf fee rate maximums are a management tool, used to maximize revenues and improve future forecasting accuracy. The better the course can predict volume changes and immediately implement the ideal rates (balanced, of course, with consumer value perception), the greater the financial performance of the course. These rates are presented at the maximum amount management believes the market will bear during peak demand periods. Periodic rate adjustments, up or down, are allowed to take place at management's discretion, based upon market demand and the course's competitive position. Meadowbrook will notify the department of each rate increase, and all advance quoted rates to guests will be honored at time of check in. The golf fee rate maximums allows Meadowbrook to set rates on a periodic basis, generally following the typical fluctuations in consumer demand. Meadowbrook will monitor the rates and conditions of its closest competitors on a weekly basis, in order to maintain a realistic rate structure compared to the market as a whole. In the same manner that airlines, hotels, and retailers constantly run promotions and specials during lower volume periods, and charge premium rates during peak demand periods, golf courses do the same, thus the need to establish a schedule of rate maximums. RECOMMENDATION: Staff recommends that Council adopt the requested rate increases. PALM BEACH GARDENS GOLF CLUB MAMIUM RATE SCHEDULE OCTOBER 1, 1999 — SEPTEMBER 30, 2000 (These rates are noted as -s-i -mns — the rrutes may not reach the listed price) Shoulder Season I 18 Hole — City Resident with a cart 18 Hole — Non - Resident with a cart 9 Hole — Resident with a cart 9 Hole — Non - Resident with a cart 9 Hole — City Resident — Walk 9 Hole — Non - Resident — Walk- Winter Season 18 Hole — City Resident with a cart 18 Hole — Non - Resident with a cart 9 Hole — Resident with a cart 9 Hole — Non - Resident with a cart 9 Hole — City Resident — Walk 9 Hole — Non - Resident — Walk Summer Season 18 Hole — City Resident with a cart 18 Hole — Non - Resident with a cart 18 Hole — City Resident — Walk 18 Hole — Non- Resident - Walk 9 Hole — Resident with a cart 9 Hole — Non - Resident with a cart 9 Hole — City Resident — Walk 9 Hole - Non - Resident - Walk Charity Cards Memberships Single Resident Famihv Resident Single Non - Resident Family Non- Resident Junior October 1, 1999 — November 19, 1999 1998 -1999 Rate 1 1998 -1999 RAte 1999 -2000 Rate IS14 X23 $30 IS11.50 $32 $42 $16 $22 $22 $25 $8 $18 $13.50 $20 November 20,1999 — April 23; 2000 1998 -1999 Rate $35 $52 $22 T $32 T 13.50 I $22 April 24, 2000 — September 30, 2000 1.1998 -1999 Rate $21 $26 Isli $15 ! $14 i $15 I $8 I $9 1S22 1 19984999 Rate i $875 I $1,450 $1,085 I$1,775 $40 1999 -2000 Rate $45 $65 $28 $38 $20 $28 1999 -2000 Rate $28 $40 $25 $28 $18 $25 $16 $20 $30 1999 -2000 Rate $900 $1,500 $1,125 $1,800 $75 18 Hole Cart Fee 1998 -1999 Rate 1999 -2000 Rate October 1, 1999 — April 23, 2000 IS14 $17 April 24, 2000 — September 30, 2000 IS11.50 $15 1995 -1999 Rate 1999 -2000 Rate Membership Walling (Permitted after 2:30) $2:50 $3.00 MEMO PARKS AND RECREATION TO: Bobbie Herakovich, City Manager FROM: Sue Miller, Director, Parks & Recreation DATE: August 13, 1999 RE: Golf Course Fee Comparison ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** The following tables reflect a staff survey regarding proposed golf fees for next year. If you have any questions regarding these fees, please advise. PROPOSED GOLF FEES COMPARISON RATES DAH.Y RATER Dates Category PBG Okeheelee Village* Delray Beach NPB Abocoa Oct. 1 — Nov. 19 18 Hole Resident $30 $36 $27 $35 $32 $n/a Family Non - Resident 18 Hole Non - Resident $42 $n/a $n/a $55 $54 - $n/a Nov. 20 — Apr. 23 18 Hole Resident $45 $42 $53 $40 $40 $125 18 Hole Non- Resident $65 $55 $n/a $60 $64 $n/a Apr. 24 — Sept. 30 18 Hole Resident $28 $37 $29 $28 $30 $75 18 Hole Non - Resident $40 $n/a $n/a $36 $42 $n/a * - Located in Royal Palm Beach Annual Memherchinc Category PBG Delray Beach NPB single Resident $900 $900 $912 Family Resident $1,500 N/a $1,558 Single Non - Resident $1,125 N/a $1,530 Family Non - Resident $1,800 N/a $2,693 Junior $40 N/a $ - vKeeneelee does not otter annual memberships. - Village Golf Club offers a $140 discount card that allows for a slight reduction in the daily fee. CC: Richard Diamond, Assistant City Manager CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: 8/19/99 Date Prepared: 8/9/99 Subject/Agenda Item: Upgrade and move of 911Equipment and Dispatch Center Recommendation/Motion: Staff recommends approval of the Motorola Proposal to upgrade and move 911 Equipment and Dispatch Center Reviewed by: OriginatindDepk: Police Costs: $ 264,618.00 Council Action: City Atto/meyj) j\ n Total [ ] Approved Finance /� o $ 250,000 Current FY [ ] Approved w/ conditions ACM [ ) Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] General Fund Paper: [ x ] Other Bond $210,345 Grant $ 54,273 S nutt �t [ x ] Not Required Department Director Affected parties [ ] Notified Budget Acct. #: [ ) None Approved by: City Manager [ ] Not required BACKGROUND: Currently Palm Beach Gardens dispatches through WPB's analog trunked radio system. Two (2) existing CRT(dispatcher) operator positions are located in the old PBG Police Department, which connects to WPB through a channel bank over a leased T 1 line (managed telephone lines). However, a new dispatch center is being constructed by Palm Beach Gardens and will house the four, (4) proposed operator positions. Once the building is complete the city will expand two (2) Elite operator (digital ready) positions and upgrade the existing two (2) CRT positions to Elite. Consoles / Network A Motorola LAN configuration will connect four (4) Elite positions together at PBG, by a network hub. The network hub will then route the console LAN traffic to a network bridge. Accordingly, the network configuration at WPB requires a new network bridge to connect to WPB's network hub. Channel Bank Additional Telco channel bank cards are required at PBG and WPB for the two (2) console expansion and upgrade. Specific cards will transport LAN data, CIE data and console audio. LAN Data The LAN data will be transported by the PBG's Network Bridge, which connects to a new V.35 card. This card requires one (1) Digital Slot (DSO) time slots to be open in a T1. Identically, a new V.35 card will be installed at the WPB site. * Note: Motorola will use the existing network bridge at WPB and install a new network bridge at PBG. Console Interface Electronics (CIE) Data The CIE data will be connected from the CIE to an asynchronous data card in the channel bank. Each asynchronous data card will support two CIE connections. Therefore one (1) data card is required at each location and will connect through 1 DSO time -slot. Console Audio The console audio at PBG will be routed from each of operator position to a channel bank (4W E&M card). Therefore, two E&M cards are required at each end and use a total of four (4) DSO timeslots. Additionally, two (2) Console Operator Interface Modules (COIM) will be installed at the WPB Central Electronics Bank (CEB). • Therefore, 6 DSO additional timeslots are required from the City of West Palm each for the two additional operator positions and the Elite network. West Palm Beach has told us that these time slots are available at no cost to our city (value $$$) Implementation In order to guarantee this installation, Motorola has set up a systematic process to verify system implementation quality along the entire implementation process.for example: • Internal system design review will be conducted before any equipment is ordered • The Installation of all equipment will adhere to Motorola standards manual R56. • Motorola will perform a test verifcation of equipment • Motorola will perform a quality audit . This audit will confirm that the system expansion meets Motorola's goal of Six -Sigma quality. Any errors found will be corrected to assure the City of PBG a quality installation. Project Test Plan An ATP document with test, preparations and validation procedures will be provided for acceptance of the system. The ATP will test as a minimum the operational features of the system. This will consist of field testing on the console postions. The console ATP will occur on all four console positons at PBG. Motorola Site Responsibilities • Coordinating the Installation of two Elite operator positons in the new, PBG dispatch Center. • Will provide supervision when two existing Gold CRT postions are converted to Gold Elite. These will be converted prior to being moved into the new PBG dispatch center. • Will utilize the PBG's Provided external and/or internal Building site grounding. • Will provide an update to exsting site cabling interconnect drawings. • Will use the existing Network Brdige at WPB and install a new network bridge at PBG. City Of Palm Beach Gardens Site Responsibilities PBG is responsible for: • Any additional UPS requirments necessary of the console expansion and upgrade. • The purchase of the UPS system • Lease a T1 line from PBG to WPB. • Purchase and install the desktop furntiture from Motorola. • Prepare the new Dispatch Center with all proper grounding and electrical system as per Motorola quality Standards ` RECOMMENDATION: Staff is requesting that Council approve the Motorola proposal for the relocation of 911 emergency equipment, Motorola radio equipment and the upgrade and expansion of dispatch console equipment for the new police building. Motorola equipment and software is proprietary, and can only be upgraded by Motorola. This is Motorola 's standardized pricing for radio equipment which was also quoted to West Palm Beach on their proposed upgrade of the West Palm Beach system, which will begin next month. This purchase is supplemented by 911 grant funds for consoles in the amount of $49,273 and the expansion of 911 CAD interface for $5,000. Staff requests that council approve the expenditure for the Motorola move and upgrade in the amount of $264,618. Originally $250,000 was budgeted, however grant funds were obtained to reduce our expense. The net expenditure to the City is $210,345 $54,273 will be reimbursed by the County. �A41 O b+ 41 41 bA "4vo U 14 o 0 41 13 O 0 go I a u •4a C4 V V O M �u u ty � +0� a 4 •oi u a41 a LO 144 a ONa ° r4 0 M � M 0 a 0 � o b A a+ r-i w 43 �_ 0 41 A V V • \ •r4 Lei 4j 4j O °H 0 IA rq r-I b b •rl U 4! O O "q P4 z U _ zi= xb No v u� M � u u a �a • 0 4A 41 0 10 u� as �A0M V tr 4+ 0 "4mO 0 4A U 00 O d 0 Nu 0"q V 04 'dam n4 �i 4.7 u U 0 0 b 41 A t000� `\ 0 �o w got 0 Im • N QO'',, V '� A= 4A As U Q� M �- a••• �. 0 �, �, w �. � •� , p� 4) tO 0 • N IA U N d! s � C M0 a • . 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