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Agenda Council Agenda 071599 Workshop
All 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 REV. 7/15/99 CITY COUNCIL WORKSHOP MEETING JULY 15, 1999 6:30 P.M. I. PRESENTATIONS 1. Planning Discussion - 6:30 - 8:00 P.M. (To Continue after Regular Meeting is Convened) H. ADJOURNMENT. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JULY 15,1999 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. III. ANNOUNCEMENTS - As Posted on the Bulletin Boards IV. CITY MANAGER REPORT: V. PRESENTATIONS: - 1. Dr. Patricia Bidol -Padva VI. AWARDING OF BIDS: VII. COMMENTS FROM THF, PUBLIC: (For Items Not on the Agenda) (Please submit reques` card to Clerk prior to this Item) VM, CONSENT AGENDA: 1. Approval of Minutes of 7/1/99 Regular City Council Meeting. 2. Approval of Minutes of 7/8/99 Workshop City Council Meeting 3. Resolution 73, 1999 - Consideration of Approval of Plat for Parcel 6A of Ballenlsles. 4. Resolution 74, 1999 - Consideration of Approval of Plat for Parcel 24 of BallenIsles. 3. Resolution 89, 1999 - Consideration of Approval of Support of Little Acorns Children and Family Programs. 4. Resolution 90, 1999 - Consideration of Approval to Ratify the Collective Bargaining Agreement with the Police Benevolent Association for Officers, Sergeants, and Communication Operators Unit. IX. PUBLIC HEARINGS; 1. Public Hearing: Notice of Proposed Change for the Regional Center DRI (Use Conversion) (Public Hearing, adv. 6/2/99; Postponed from Regular Meeting of 6/17/99; To be Postponed to the 8/5/99 Regular City Council Meeting) REV. 7/15/99 2. Resolution 72, 1999 - Consideration of Approval of a Sign Variance for Gardens Park Plaza (Public Hearing; adv.,6/7/99; Postponed from the 6/17/99 Regular Meeting; Continued to 7/1599 Regular Meeting of the City Council) 3. Ordinance 22, 1999 - Providing for Amendment to the City's Code of Ordinances re: Automobile Dealerships. (Public Hearing, adv. 7/1/99; Consideration of Second Reading and Adoption) 4. Ordinance 23, 1999 - Providing for Approval of an Amendment to Ordinance 20, 1997, to Provide for Minor Changes in the Elevations and Floor Plan of Building A, B, and C in the Christ Fellowship Church Planned Unit Development; Providing for Conditions of Approval. (Public Hearing, adv. 7/1/99; Consideration of Second Reading and Adoption) X. RESOLUTIONS: 1. Resolution 87, 1999 - Consideration of Approval of Concurrent Processing for PGA National DRI Notice of Proposed Change Application, an Amendment to the Planned Community District and Amendment to Site Plan within a PCD. M. ORDINANCES: (For Consideration of First Reading) 1. Ordinance 30, 1999 - Providing for Amendment to the Code of Ordinances by Amending Section 78 -2, Section 1144, Section 114 -9, Section 114 -36, Section 114 -42 and Section 114- 43 (Subdivisions) (Workshop /Consideration of First Reading) 2. Ordinance 31, 1999 - Providing for Amendment to the Code of Ordinances by Amending. Section 118 -38, Section 118 -39, Section 118 -42, Section 118 -43, Section 118 -45, Section 118 -47, Section 11848, Section 118 -50, Section 118 -213, Section 118 -214, and Section 118- 473. (Development Review) (Workshop /Consideration of First Reading) 3. Ordinance 32, 1999 - Providing for Annexation of .33 Acres of Land Located on the South Side of Idlewild Road, 1/4 Mile East of Prosperity Farms Road. (Workshop /Consideration of First Reading) 4. Ordinance 34, 1999 - Providing for Amendment to Ordinance 30, 1990, which Approved a Conditional Use to Allow an Increase in the Maximum Occupancy at the Site known as "Christ Fellowship" And Amendment to the Approved use of the Residence Building to a Youth Center. (Workshop /Consideration of First Reading) XII. ITEMS FOR COUNCIL ACTION: XLLL, ITEMS FOR DISCUSSION: XIV- ITEMS & REPORTS BY MAYOR AND CITY COUNCIL, 1. Issues and Priorities XV. CITY ATTORNEY REPORT: 1. City of Palm Beach Gardens v. Charles Vavrus 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. JUN 03 '99 10 :54AM DELTA INT r.3i5 -� Patricia Sidol- Padva, Ph.D. 7591 Andorra Place Boca Raton, Florida 33433 (561) 396 -7685 Fax: (561) 3954513 bidolpadva @aol,com Dr. Patricia Sidol -Padva has over twenty -five years of experience in providing Strategic Planning, Or- ganization Development and Collaborative Conflict Management Services. She has worked with the Public and the private sector to Improve their capacities to: • Fulfil their missions and satisfy their constituents through Strategic Planning and Organizational Changes which enables them to respond to rapidly changing external challenges while maintain- ing staff productivity and morale. • Manage complex disagreements with multiple stakeholders through Synergistic Problem - Solving that enable them to create partnerships that meet their Interests while create mutually. beneficial plans with other entities. • Provide Organizational Development Services in areas such as Team Based Organizations, Board of Directors Development, and Executive Coaching. Overview Strataalc Plannin$T Organizational Change and Collaborative Partnerships Experlences Types of Interventions Number of Interventions • Strategic Planning and Organization Restructuring i 300+ • High Performance Task Team Facilitation/ Strategic Advisor + 300+ A PA.4q.1lw�i�ww ...:a►. w1��IwJ BLS:w.�l� n----J —9 r%:- --A--- A e— . _ .... . Serif • • ♦ 8yJUN 03 '99 10 :56AM DELTA INT -- L- - - 561 395 4513; Jun -2 -99 6:26PM; P. 1._ ' Page 315 Facilitated organizational change and strategic planning with elected officials and .senior staff for governmental units in Florida such as: the City „of Stuart, City of Delray Beach, Cooper City, Mar - lin County, PaIM ech County Directions' 1996 Goal Setting,'City of Safety "Harbor, Palm Beach Co. a chobee County. F-a-bilitated participatory s ra egic planning with Florida's Lieutenant Governor and. five of the state's agencies. Facilitated organizational change and strategic planning for Non - Governmental Organizations such as Palm Beach Chamber of Commerce, university Florida's Center for Prevention and Early Intervention, Covenant House of Florida, the National. Training Laboratory (NTL), Thousand Friends of Florida, Boca Raton Chamber of Commerce, Palm Beach County Land Preservation Trust, and Alper Jewish Community Center. Provide organizational developmental services to the President and Vice - Presidents of colleges and universities such Florida Atlantic University. Facilitated Bell Atlantic's and New York Association of New Americans (NYANA) 's and transition to a Team Based Organization.. Provide high performance team facilitation to private sector organizations such as Bell Atlantic, Busch Gardens. Entertainment Corporation's Park Operations and Informix. Conduct focus groups and training programs with public, non - profit and private entities (educa- tional, social service, health, environmental and police). Examples of Facilitation and Mediation with the Public Sector: ♦ Mediating regional water use solutions for South East Broward between the county, Hollywood, Hallandale and Dania Beach. • Mediated ACOE 404 Permitting Issues: US 1 to the Keys and the Boarder Perspectives with agencies (federal, state, regional), Monroe County and intervenors regarding environmental and land use secondary and cumulative impacts. • Facilitated the redesign of the Biscayne National Paris Buffer "Agricultural Land Use issues" by the twenty key impacted parties (agriculturists, county, state, federal and regional agencies, bankers and conservationists). • Mediated the Homestead. Air Force Base 288 Mediation between Bade County, South Florida Regional Planning Council, South Florida Water Management District, HABDi, Everglades Na- tional Park, Biscayne National Park and three Environmental Public Interest Groups. • Mediated dispute between the City of Riviera Beach and residents who live on Singer Island re- garding issues of Police Protection, Marina Management, and Public Utilltles. ♦ Mediated the Kissimmee River, Florida 380 process to design solutions to the use of the flood plain, water quality issues and economic development needs. • Mediated action goals for inclusion in the Master Plans for all agencies, local governments and other entitles managing land, water, recreation and other resource uses of the Malibu Creek, California Watershed with the active involvement of forty parties: federal, state and local agen- cies, cities, surfers, environmentalists, and home owner groups. • Co- Facilitated Monroe County Growth Management Plan under the auspices of Florida's Admin- istrative Commission with participation by parties with standing regarding stormwater, wastewater, transportation and land use issues. • Mediated future uses of little Sarasota Bay with. impacted parties regarding stormwater, fisheries, water quality, and recreation: • Mediated dispute between Monroe County Airport and the Florida Department of Environmental Protection. 2 e 1C r,y; JUN 03 '99 10:57AM DELTA INT w► Jyt) 4J►d; Ju')'` "an P.2 • Mediated South - Central Transportation Options for Orlando Area (including location of Central Connector) with impacted cities.and counties, airport, agencies, and other parties. • Mediated design of major roadway for Tallahassee, Florida to settle differences between industry, environmentalists, city, county, homeowner associations, developers and the state agencies. ♦ Mediated the.design of the Sebastian Municipal Airport Community Compatibility and Master Plan Study disputes with proactive involvement of homeowner associations, airport users, business interests, environmentalists, and other impacted stakeholders. Mediated Broward School Concurrency Mediation between Broward County, Broward School. District, Florida Department of Community Affairs, Florida Home Builders Association, Building Industry Association, Florida Realtors Association and Broward Economic Council. + Mediated a dispute between the Florida Marine Patrol and commercial fishermen on the net ban. Mediated dispute on elementary school siting by Monroe County School System on Big Pine Key among thirteen public and private sector organizations. • Facilitated Community Provider Forums throughout Florida to develop consensus between local public and private maternal and child health on state and local standards of care. Facilitated participatory partnership conferences for Florida agencies such as Department of Environmental Regulation, Health and Human Services and Department of Education as they decentralized their delivery of services. Examples of Public Sector Awards I Have Received: • Excellence In Mediation Award for outstanding growth management mediators in Florida whom have advanced the, quality of mediator practice -1994. • Recognition for Mediation of the Kissimmee River Resource Planning and Management Committee Master Planning Development by Florida Chapter of the American Planning Asso- clation in 1989. Summary of Professional Experiences: • 1989- Present Organizational Consultant and Mediator to the Public and Private Sector • 1988 -1889: Director of Resource Management, Keith and Schnars, P.A., Fort Lauderdale, Florida. • 1886 -1988 Executive Program DirectorLSouth Florida Water Management District, West PalmBeach, Florida. • 1978 -1986: Co-Director of Envlronmental Conflict Project, University of Michigan, School A of Natural Resources, Ann Arbor, Michigan. 19754978. Chairperson of Education Department, Urban Campus of National College of Education in Chicago. ♦ 1973 -1875: Superintendent of Baldwin Community Schoolls,.Baldwin, Michigan. • 1864 - 1974:. Co- Director, New Perspectives on Race, Inc., Dettolt, Michigan. 1962 -1964: Biology Teacher, Williamston School District, W iiliameton, Michigan. Format Educ&tlon: • Ph.D..University of Michigan, Organizational Psychology, 1972. M.A. University of Michigan, Educational Psychology, 1970. . .' ♦ " B.A. University of Michigan, Biology, 1982. 3 .. _- - -- e:.= s JUN 03'99 10:57AM DELTA INT P.3 Professional Affiliations: • National Training Laboratory Member (NTH) + Organization Development Network Selected Publications: • Bidol- Padva, P. & Greenwood, B. CQllaborative Envifonmental and _Land Use Conflict dManaae- ment A Handbook fQr L9ral_0ovemments. The Center for Common Ground, University of Califor- nla- Davis -ln press. Bidol- Padva, P., Nancy Stroud, Man_aaina Public Confljnts in FkAda: A_Gulde to Collaborative Aooroachea, The Florida Center for Public Management, Florida State University, Tallahassee, Florida, 1991. • Bidol- Padva, P. EnhancinQ_NYANAUsino_ a Team -Based ChanoQStrateay. Journal of Jewish Communal Service, in press. Gidol, P. and Crowfoot, J. "Toward and Interactive Process for Siting National Parks in Developing Nations." In Resident P_eootes ano National Parks: Social Dilemmas and Strat"iea ip Interna- tional Conservation, West, Patrick, Univ. of Arizona Press, 1991. • Bidol, P. Evaluation of Env_ imnment Canada's Office of._Enemy. Mines. and Resources Environ- mental Protection Review Program, Ottawa, Ontario, Environment Canada, 1982. 0 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JULY 1, 1999 The July 1, 1999, Regular Meeting of the City Council of the Carty of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman David Clark, Councilman Eric Jablin, and Councilman Carl Sabatello. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. PRESENTATIONS Swearing In of New Police Officers New Police Officers Johnny Radziul, Kathleen Hatchett, and Billy Bunch were sworn in by Assistant Police Chief O'Rourke. CITY MANAGER REPORT Issues & Priorities The City Manager reported the City's financial rating had been improved to a AA1 rating; Police Benevolent Association Bargaining Unit for Officers and Dispatchers had voted to ratify the contract that had been offered; IAFF and Federal Mediation Conciliation Service had trained staff on a win -win negotiation bargaining technique; Tanglewood Apartments had agreed to take care of major violations after working with the Community Response Team of Code Enforcement and Fire; and the City was working with the Health Department regarding rodent problems brought on by recent rains and canal work. The City Manager reported that in the absence of the Mayor, Vice Mayor Furtado had participated in a mock hurricane drill. City Manager Herakovich explained that Seacoast Utilities was working with the contractor for sewer improvements in Plat 4. The City Manager reported the second year's NPDES compliance report had been completed. The City Manager commented the City was negotiating with the County regarding the District park, and suggested that an elected official CITY COUNCIL REGULAR MEETING, 7/1/99 2 participate in those negotiations and any negotiations where an elected official from another jurisdiction was involved. Vice Mayor Furtado made a motion that the Mayor participate in any negotiations with the County. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Manager reported staff had attended a meeting with DOT regarding Northmil Plaza. City Engineer Lindahl reported the issue had been the re- opening of the permit which had been issued for the pedestrian walkway across the Military Trail entrance, and re- design of the median cut, and that the conclusion had been favorable. Mayor Russo reported he and Mr. Lindahl had met with Mr. Shalloway of Northern Palm County Water Improvement District and discussed traffic performance standards and concurrency and the possibility of a joint planning meeting with WCI . Outstanding issues of the forbearance agreement were discussed. A meeting with WCI was scheduled for July 15. Mayor Russo commented staff had been directed to reconsider this year's and the next two year's budget to try to reduce taxes. Construction Manager Report The Construction Manager reported steady progress in spite of recent rains and requested two change orders in regard to safety issues. Completion of the Fire Station was expected in September; progress on the Police Station was reported, The banding color was discussed, and matching the arches on the Police Station and City Hall. TV /Cable Franchise Agreement Update AWARDING OF BIDS Y2K Hardware & Software Testing & Remed:iation Councilman Clark made a motion to approve Change Orders No. 00030 and 00042. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. City Attorney Post responded to questions regarding the report on the TV /Cable Franchise Agreement. Mayor Russo reported another cable company was interested in coming into the City, which would provide competition. Councilman Clark made a motion to approve the staff CITY COUNCIL REGULAR MEETING, 7/1/99 3 recommendation to award the bid for Y2K Hardware & Software Testing & Remediation to AMS Technology Group, Inc., in the amount of $27,863. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Purchase of CAD, Mobile Data Computing and City Wide Telecommunication Councilman Clark made a motion to approve the staff recommendation to piggyback off the City of West Palm Beach bid to purchase CAD, Mobile Data Computing and City Wide Telecommunication from Total Data Solutions in the amount of $1,077,488.09. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. Laser Imaging System Councilman Clark made a motion to approve the staff recommendation to piggyback off a State contract to purchase a Laser Imaging System from IKON in the amount of $154,379 . Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Councilman Clark made a motion to reconsider the motion to award the bid for the purchase of CAD, Mobile Data Computing and City Wide Telecommunication. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Councilman Clark made a motion to approve the staff recommendation to piggyback off City of West Palm Beach bid to purchase CAD, Mobile Data Computing and City Wide Telecommunication from Total Data Solutions in the amount of $1,077,488.09, and to authorize the Mayor to enter into a contract for same. Councilman Jablin seconded the motion, which carried by unan tmous 5 -0 vote. Councilman Clark made a motion to reconsider the motion to award the bid for the purchase of a Laser Imaging System Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. Councilman Clark made a motion to approve the staff recommendation to piggyback off a State contract to purchase a Laser Imaging System from IKON in the amount of $154,379, and to authorize the Mayor to enter into a contract for same. Vice Mayor Furtado seconded the motion, which carried by unanimous CITY COUNCIL REGULAR MEETING, 7/1/99 4 5 -0 vote. The resignation of the City's MIS Manager was discussed. COMMENTS FROM THE PUBLIC Julia Bird Mayor Russo read aloud a comment card from Julia Bird questioning the current status of a traffic Eight at Military Trail and Gardena Avenue. It was reported the light had been approved by u. the County, that BallenIsles was responsible for the cost, and that the light was expected to be operational by the end of the year. CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda. The motion was seconded by Councilman Jablin, which carried by unanimous 5 -0 vote. The following :items were approved on the Consent Agenda: 1. Approval of Minutes of City Council 6/17/99 Regular Meeting. 2. Proclaiming July, 1999 as Recreation and Parks Month. 3. Resolution 68, 1999 - Consideration of Approval of a Grant Agreement with Palm Beach County and the City for the Development of Lake Catherine Park. 4. Resolution 84, 1999 - Consideration of Approval to Issue $3,700,000 in General Revenue Bonds. 5. Resolution 85, 1999 - Consideration of Approval of Proposal for Engineering Study for Stormwater Utility Program. PUBLIC HEARINGS Resolution 72, 1999 Mayor Russo declared the public hearing open, duly advertised 6/7/99, postponed from the 6/17/99 Regular Meeting, and held on the .intent of Resolution 72, 1999 - Consideration of Approval of a Sign Variance for Gardens Park Plaza. There were no comments from the public. Councilman Jablin made a motion to continue Resolution 72, 1999 to the 7/15/99 Regular Meeting of the City Council. Vice Mayor Furtado seconded the motion. Motion carried by unanimous 5 -0 vote. Ordinance 25, 1999 Mayor Russo declared the public hearing open, duly advertised 6/2/99, postponed from the Regular Meeting of 6117/99, and held on the intent of Ordinance 25, 1999 - Providing for Amendment to CITY COUNCIL REGULAR MEETING, 7/1/99 5 the Palm Beach Gardens Code of Ordinances by Adding Sections 110 -1, Defm3t3ons, and Amending Sections 110 -3, Section 110-4, Section 110 -36, Section 110 -37, Section 110 -38, and Section 110- 39; providing for Code Revisions to Allow for Definitions, Maximum Flag Pole Height and Flag Area, Sign Lighting Mechanism Restrictions, Non - conforming Sign Exemptions, Side Property Line Setback Exemptions, Clarification of Height and Area Restrictions for Wall Signs, providing for Maximum letter heights, and Transferring Responsibility for Processing Sign Variance Applications from City Clerk to Growth Management Department - for'considerat3on of Second Reading and Adoption. There were no comments from the public. Councilman Clark made a motion to approve Amendment I to Ordinance 25, 1999. Councilman Jablin seconded the motion. Motion carried by unanimous 5 -0 vote. Vice Mayor Furtado made a motion to place Ordinance 25, 1999, on second and final reading, by title only, and for adoption. Councilman Jabl3n seconded the -motion. Motion carried by unanimous 5 -0 vote. The City Clerk read Ordinance 25, 1999 on Second Reading by Title Only. RESOLUTIONS Resolution 75, 1999 Ann Booth, Urban Design Studio presented the petitioner's plan, and stated petitioner agreed to the conditions. Councilman Clark made a motion to approve Resolution 75, 1999 - Cons:ideration of Approval of BallenIsles Grand Palm Estates, Parcel 8b, Entry and S3gnage with insertion of an additional condition in Section 3 that the palms that are to be planted as part of the sign feature shall be Royal Palms. Councilman Jablin seconded the motion. Motion carried by unanimous 5 -0 vote. Resolution 76, 1999 Councilman Sabatello stepped down due to conflict of interest. Mr. Ted Sabatello, the petitioner's representative, presented the petitioner's plan. Councilman Jablin made a motion to approve Resolution 76, 1999 - Cons3derat3on of Approval of BallenIsles Parcels 20 A/B Entry S3gnage/Fountains/Elevafions. Vice Mayor Furtado seconded the motion. Motion carried by unanimous 4 -0 vote, with Councilman Sabatello abstaining for reasons stated. CITY COUNCIL REGULAR MEETING, 7/1/99 C� Resolution 77; 1999 Councilman Sabatello rejoined the Council. Chip Carlson, representative for the petitioner, presented the petitioner's request to change the blue to red on their trademark sign. A majority of the City Council members favored red script on the wall signage, and a brass monument sign with block letters. Petitioner was directed to bring color samples and staff was directed to assure the color samples for the monument sign were similar to those of Wackenhut. The petitioner would place an "at risk" temporary sign until a permanent sign was approved by the City, for the opening of the hotel. Resolution 79, 1999 City Manager Herakovich introduced new Principal Planner Steve Cramer, who presented the Northlake Boulevard Landscape Plan. Vice Mayor Furtado made a motion to approve Resolution 79, 1999 - Consideration of Approval of Northlake Boulevard Landscape Plan. Councilman Clark seconded the motion. Motion carried by unanimous 5 -0 vote. Resolution 80, 1999 Councilman Clark made a motion to approve Resolution 80, 1999, Consideration of Approval of Appointment of Member to the Northlake Boulevard Task Force, with the name of Steve Cramer, Principal Planner, inserted in the blank in Section I. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. REPORTS BY MAYOR AND COUNCIL Mayor Russo Mayor Russo commented he had attended an Eastward Ho! Meeting, and reported that program may be replaced by the Governor's proposed Front Porch Program, for which funding would be available. Mayor Russo suggested the City might enter into a program similar to a Delray Beach program whereby Code Enforcement dollars went into a fund to make loans for upgrading properties to residents who were financially unable to keep up their properties. Mayor Russo reported he had spoken at a Palm Beach Business function, and had been told the County was going to pass a strict false alarm policy. An individual had expressed concern that work had stopped on the Earman River. Vice Mayor Furtado The Vice Mayor presented ideas for streamlining the RFP process, to which Finance Director Olson responded. The Waste Management franchise fees for a separate contract.which had not been collected were discussed. The Vice Mayor requested staff CITY COUNCIL REGULAR MEETING, 7/1/99 7 research other contracts to assure that all franchise fees were collected. Finance Director Olson expressed his opinion that the RFP process was sufficient, and changes should not be made before making a decision regarding waste management. Councilman Sabatello Councilman Sabatello verified with the City Manager that items on issues and priorities for which reports had been requested had not been forgotten, but that more time was needed for some items and requested due dates be updated. A possible update of the details of the City's crest was discussed. It was suggested that a sketch be presented for consideration. City Manager Herakovkh reported the RFP for an artist the City's crest was ready to be advertised. Vice Mayor Furtado The Vice Mayor requested that a study regarding privatization be placed on issues and priorities, as well as replacing current grant writers who were not performing well and that the City be more aggressive with grant writing. Mayor Russo Mayor Russo requested when items were done that they be removed from the issues and priorities list. City Manager The City Manager suggested that in the future, agenda items "Reports by Mayor and Council ", "Items for Council Action ", and "Items for Discussion" be combined into one item to be placed at the agenda and discussed at 11:00 p.m. if unable to discuss earlier. CITY COUNCIL REGULAR MEETING, 7/1/99 g ADJOURNMENT There being no further business to discuss, upon motion by Councilman Jablin, seconded by Councilman Clark, carried 5 -0, the meeting was adjourned at 10:10 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO CHAIRMAN PRO TEM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: LINDA KOSIER, CMC, CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP MEETING JULY 8, 1999 The July 8, 1999, workshop meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin, Councilman David Clark, and Councilman Carl Sabatello. CITY MANAGER PRESENTATION Mayor Russo thanked everyone for their work on the budget, and recommended that the City Council accept the changes as offered by each department or reject the whole budget. Councilman Sabatello expressed his opinion that certain areas might need to be changed. Vice Mayor Furtado expressed concern whether the proposed budget changes were something the City could live with.. City Manager Herakovich reported the City would be on Good Morning America Monday morning in a positive report showing how efficient the Police Department was, and that the City's ALS team had placed 2nd out of 62 teams statewide. The City Manager reported that staff had identified budget alternatives to increase balance available in reserves, Department Heads had identified reductions in their respective areas, resulting in a millage rate increase from 3.7265 to 3.9088, which combined with debt service reflected a 6.17 ° /o increase. Assuming property values remained stable, a taxpayer with property assessed at $100,000 would experience an additional cost of $25.09 annually -- no more than the cost of a pair of tennis shoes. The City Manager reviewed items remaining in the budget after cuts had been made, and explained this was a tight budget with no room for flexibility, but that the level of service had been maintained. The City Manager expressed concern there was no flexibility in administration in order to help departments during the year when they needed money, and commented she would like to have a survey in the next issue of City Line to find out if residents were willing to pay enough to recover CITY COUNCIL WORKSHOP MEETING, 7/8/99 E the cost of a RV/Boat storage lot. Finance Director Olson reviewed budget cuts proposed by various departments. City Council Contingency was requested to be cut by $20,000. Vice Mayor Furtado questioned whether franchise fees discussed at the last meeting had been lost, to which the Finance Director responded he believed those funds had been lost but could be collected going forward and he was unaware of other fees of this type which were not being paid. Councilman Sabatello suggested that the City Attorney review the franchise agreement and require proper payment of fees. Vice Mayor Furtado questioned the necessity of two people attending a conference at the same time. This item was discussed. A written policy on attending conferences was requested. It was clarified that the funds discussed the prior year for Engineering had been removed before the final budget. The Fire Chief explained the proposed refurbishing of rescue vehicles and bidding one new vehicle, keeping the older vehicles in reserve; and explained that delaying refurbishing one year would mean two vehicles would need refurbishing next year. The City Council agreed that one vehicle should be refurbished this year. The City Manager reviewed cuts made to the Administration budget, recommended using privatized services wherever possible, and suggested business sponsorship of neighborhood services projects. Amounts budgeted for appraisals were discussed. Consensus was to check with the City Attorney regarding the legality of having developers pay for appraisals and if so to change the code to accommodate that. It was decided to reduce the budgeted appraisal amount by $10,000. Secretarial requirements for Administration were reviewed, and a proposed cut in the secretarial staff was added back into the budget. Discussion ensued regarding other budget items, including engineering fees to residents and ways of reducing engineering costs. The need to have flexibility in order to hire an employee to replace the computer technician who recently left was discussed. It was decided to add $6,000 into the Administration budget to provide flexibility. During discussion of time to process development applications, it was suggested applicants might wish to subsidize consultants hired by the City to speed their applications in order to allow staff to maintain the current level of service to residents. During ensuing discussion regarding level of service to residents, it was pointed out that requests from City Council made during the year to the City Manager should be carefully considered regarding time required and CITY COUNCIL WORKSHOP MEETING, 7/8/99 3 cost. The City Manager suggested that if she did not attend the Florida League of Cities conference, approximately $200 could be saved. The Finance Department budget included one additional staff person. During discussion of the General Services budget, Mayor Russo commented that next year the City should decide whether to stay in the golf course business and if so to re -do the bonds to realize a savings. The Police Department had cut the number of bullet proof vests requested, however, every officer would still have a vest. During discussion of the Fire Department budget, Councilman Sabatello commented that the new fire station had provided a dollar amount which could be used for future stations for new development negotiations to assure that the City was collecting enough dollars to build stations and provide equipment for those stations. Mayor Russo expressed concern that there must be concurrency for fire protection with 5 minute response time for new communities. Councilman Sabatello expressed his opinion that projections were needed of when new fire stations would be needed so that taxes could be raised in small amounts over time instead of a drastic increase in the year a station needed to open. Growth Management Director Roxanne Manning expressed comfort with the department's budget which allowed for hiring consultants when necessary. Classifying professional staff to exempt status was anticipated to reduce overtime. Councilman Sabatello expressed his opinion that more staff was needed for building inspections. Director Manning compared the City's inspection procedures to other municipalities. During discussion, it was pointed out that the cost of a new building inspector would be covered by fees paid by developers, and that a trainee was in the process of certification. There were no questions regarding the Recreation Department budget. During discussion of the Public Works budget, Public Works Director Bob Patty explained that two positions would be eliminated and some roadway maintenance would be contracted out. Vice Mayor Furtado stated for the record she was not in favor of a utility tax. Following a break, the meeting was reconvened. The City Council Contingency Fund was discussed again and the CITY COUNCIL WORKSHOP MEETING, 7/8/99 decision was made not to reduce it by $20,000. The necessity of keeping the surplus account over a certain amount was discussed. It was pointed out that this year and next year were going to be difficult years. Level of service to residents was discussed. Finance Director Olson listed additions and deletions to the budget and recalculated the budget increase at $106,000 not including a building inspector since that would be offset by increased building permit fees. A report of income and expenditures under the forbearance agreement was requested for a future meeting. Finance Director Olson reported total millage rate would change to 4.3484% or $434.84 per $100,000 home, a 6.95% increase. Total increase over rollback rate would be 10.136 %. Finance Director Olson was requested to break out the percentage attributable to the new fire station. Mr. Olson calculated the tax increase would be 4.8% over rollback if the fire station was not being added. Mayor Russo commented that the original budget showed $1.7 out of reserve but now only $1.1 would be taken out. Mayor Russo stated if residents came in and felt a 10% increase was too high he might not vote in favor of this budget, although he believed it was needed, and stated he was not comfortable with a double digit tax increase. The Mayor explained that he would meet with the business community, neighborhood association, and homeowner associations. Dates for budget hearings were set for September 9 and September 21 at 7 p.m. Utility Tax Mayor Russo expressed his opinion that the proposal for a utility tax should be explored by the City Council. City Manager Herakovich commented there were several options for utility tax: electric, telephone, water, gas, and telecom_ munications. A source of revenue would be needed in future years to operate two new fire stations, and continue capital improvements. Finance Director Olson commented that property taxes would need to be raised every year by virtue of hiring more employees. The Vice Mayor commented once a utility tax was instituted it would never go away and property taxes could still rise every year. The City Manager commented the most obvious source of additional funding for operations and capital improvements was a utility tax, which was why it was being proposed, and that in the future revenue would be needed from some source. Mayor Russo recommended the Finance Director present a proposal to be explored showing pros and cons of a utility tax. It was the consensus of the City Council to explore and understand a proposed utility tax. CITY COUNCIL WORKSHOP MEETING, 7/8/99 to explore and understand a proposed utility tax. 5 ADJOURNMENT There being no further business to discuss, upon motion by Councilman Jablin, seconded by Councilman Clark, the meeting was adjourned at 10:30 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO CHAIRMAN PRO TEM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK RESOLUTION 89, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING THE LITTLE ACORNS CHILDREN AND FAMILY PROGRAMS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Education Advisory Board has recommended support of The Little Acorns Children and Family Programs, a pilot family training program; WHEREAS, the program=is provided to elementary schools in the District by Delphi Institute, a non -profit 501(c)(3) corporation; and WHEREAS, it is the desire of the Education Advisory Board to raise 310,000 to fund the beginning of this program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council hereby supports the Little Acorns and Family Programs as recommended by the City's Education Advisory Board. SECTION 2. The City Council further supports the Education Advisory Board's efforts to raise the initial V0,000 to fund this program. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS ATTEST LINDA V. KOSIER, CMC VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO DAY OF JULY, 1999 JOSEPH R. RUSSO,MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY Little Acorns Children & Family Programs Project Service Overview: 1997-1998 Demographics Race/Ethnicity ® Afro-American 31% ® Haitian 20% ® Hispanic 41% ® White /Other 8% The chart below shows how many children and adults participated, in each service component of Little Acorns Children & Family Programs. Family Program Service Locations (Little Acoms, Homework Clubs and Mighty Oaks Clubs) Arcola Lake Elementary C.R. Drew Elementary Gratigny Elementary Phyllis Miller Elementary Crestview Elementary Edison Park Elementary Oak Grove Elementary Sunset Park Elementary Cypress Elementary Fienberg/Fisher Elementary Oliver Hoover Elementary Toussaint Louverture Elem. A total of 313 children and 253 parents graduated from one of the thirty 10 -week Little Acorns Family Training programs. An additional 106 adult family members attended some of the parenting classes and the family skills nights for a total of 359 parents /guardians participating. CHILDREN PARENTSIADULT MENTORS Little Acoms Family Training Program 313 359 Homework Club 474 NIA Mighty Oaks Service Club 483 45 KIDS `N COPS `N KITES Mentoring Program 21,000+ 500+ TOTALS: 22,270 904 Family Program Service Locations (Little Acoms, Homework Clubs and Mighty Oaks Clubs) Arcola Lake Elementary C.R. Drew Elementary Gratigny Elementary Phyllis Miller Elementary Crestview Elementary Edison Park Elementary Oak Grove Elementary Sunset Park Elementary Cypress Elementary Fienberg/Fisher Elementary Oliver Hoover Elementary Toussaint Louverture Elem. A total of 313 children and 253 parents graduated from one of the thirty 10 -week Little Acorns Family Training programs. An additional 106 adult family members attended some of the parenting classes and the family skills nights for a total of 359 parents /guardians participating. Four hundred seventy -four of the Little Acorns children and their siblings participated in the Homework Clubs. The Little Acorns Instructors follow a fixed curriculum for both children's and parents' classes. The Mighty Oaks Club After completing the Little Acorns Family Training Program, the children can participate in the Mighty Oaks Service Club. They can remain in this club for as long as they want. The meetings take place after school in our elementary school locations. Some of the older club members actually return to the meetings from their middle schools and senior high schools to participate and act as mentors to the younger children in the program. Four Hundred eighty -three Little Acorns graduates and 45 of their parents participated in Mighty Oaks activities. "Kids `n Cops `n Kites" and "Multi - Cultural Kites in Education" "Kids 'n Cops 'n Kites" is a mentoring program, bringing children, law enforcement officers and other adult volunteers together to build and fly kites. This year the project was strongly supported by area teachers and students K -12. In "Multi - Cultural Kites in Education" teachers incorporated the design, construction and flying of kites into math, science, art and social studies curriculums. Little Acorns provided free kite making classes at schools, for youth groups and youth group leaders at parks, churches and scout meetings. Kite Academies were incorporated into many community events and local festivals. Kite Program Locations Arcola Lake Park Fienberg /Fisher Elem. Children's Cultural Fair Pro Player Stadium Miami Beach Senior High Asian Festival Multi- Cultural Field Trip Day Haulover Park - FIU summer camp Miami Springs Rec. Center Girl Scout Troop, Bunche Park Redland Heritage Day Festival Black Family Festival Ponce de Leon Middle International Kite Festival Kendall Lake Park Special Olympics at MDCC Italian Heritage Festival Sunset Sr. High - teachers Scottish Festival Miami Jackson Sr. High Moore Park Field Trip Day for Students K -12 - Featuring Multi- Cultural workshops and contests With encouragement and assistance from the Miami -Dade County School System's SECME Program, we extended the 1998 Kite Festival to three days to create a field trip day on Friday April 17"'. More than 2,500 students, teachers and parents participated. Most of the students were minority science and math students who built and flew their hand -made kites as part of the event. Students enjoyed interacting with the Kite Masters of the world in workshops, mentoring, flying lessons and demonstrations. Hundreds of students brought their hand made kites to display and enter in contests. The following schools participated: Miami Jackson Senior High North Dade Middle Palmetto Senior High Southwood Middle Miami Senior High North Miami Senior High Paul Bell Middle Sunset Senior High Morningside Elem. Northwestern Senior High Ponce de Leon Middle Turner Tech Senior High 2 Kensington Park Elem. Fienberg /Fisher Elem. Design & Architecture High Coral Park Senior High Joe Hall Elem. McMillan Middle Miami Beach Senior High North Dade Middle St. John's Episcopal Elem. Horace Mann Middle C.R. Drew Middle Evaluation Our largest single grantor, The State of Florida's Drug -Free Communities Program, conducted a site visit and financial review in 1998 to evaluate Little Acorns. Their final report concludes: 'The major strength of the Little Acorns Children & Family Programs is the management, staff, and the way they are effectively able to collaborate with the school administrators, counselors, teachers, parents, and most of all the students to create a comprehensive communication and support system. This program probably has the most successful network of coordination of any in the state. Their partners and resources come from the corporate sector, banking community, health professions, public school system, law enforcement, student and adult volunteers and mentors, public and private agencies, clubs and parks." Reviewer. James Kearney, Field Auditor, Dept. Community Affairs Evaluation of Individual Program Objectives # Objective Evaluation 1 EARLY IDENTIFICATION SOURCE OF IDENTIFICATION OF Identify children who have a propensity for becoming problems, and TARGET POPULATION do it before they get into serious trouble. Use data from school staff, 85% - school or social skills problems referring partner agencies, family interviews, to determine early 3% - referring agencies warning indicators that identify high -risk children and/or families. 12% - self or parent selection .2 EARLY INTERVENTION % OF IDENTIFIED CHILDREN Enroll the identified high -risk children and families in the training ENROLLED IN THE PROGRAM program. 93% enrolled 89% of enrollees completed the program 3 IMPROVEMENT OF THE QUALITY & STABILITY OF FAMILY LIFE PRE/POST TEST COMPARISONS By the end of the trimester, 85% of the enrolled parents will have 85% of the parents reported a minimum demonstrated a 60% improvement in family management and conflict of 60% improvements resolution. 4 IMPROVEMENT OF CHILD'S BEHAVIOR AND PERFORMANCE AT PRE/POST TEST COMPARISONS HOME, SCHOOL AND COMMUNITY parent participants and teachers of the By the end of the trimester, parents and teachers will report a 60% child participants reported a minimum improvement in 75% of the children in the program. of 60% improvements in 75% of the children 3 DADE, COUNTY-PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING • 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 MR. PAUL W. BELL DADE COUNTY SCHOOL BOARD SUPERINTENDENT OF SCHOOLS MR. WILLIAM H. TURNER. CHAIRPERSON MS. JANET R. McALILEY. VICE - CHAIRPERSON MR. G. HOLMES BRAOOOCK OR. ROSA CASTRO FEINBERG MS. BETSY KAPLAN OFFICE OF PROGRAM EVALUATION DR. MICHAEL KROP MR. ROBERT RENICK CONCLUSIONS AND RECOMMENDATIONS based on the October, 1989 evaluation: The Little Acorns Program is a family training program, which is designe&to enhance the self- esteem and interpersonal skills of school children. The program is provided to elementary schools in the district by Delphi Institute (DI), a non - profit 501(c)(3) corporation. The evaluation examined both the program's perceived impact on students and its cost effectiveness. The specific focus of the evaluation was presented in the Design of the Evaluation as a series of questions. These questions can now be addressed: 1. Do the students who have completed the program exhibit greater self- esteem? Do they exhibit better interpersonal skills? Students who complete the program appear to achieve its two basic objectives: greater self - esteem and better interpersonal skills. This perception of the program's impact on the students' behavior was uniformly held by the parents and teachers, as well as the principals. -2. Do the students who have completed the program exhibit improved classroom conduct? Do they exhibit improved academic performance? One direct outcome of the program's impact on the students' behavior appears to be improved classroom conduct. This observation was made by teachers and principals alike. However, This was not the case. with academic performance. Both the and principals were split over whether the students' academic performance had improved. For some students, there appears to have been improvement. However, the programs' impact on the students' behavior does not seem to translate readily into improved academic performance. Such an outcome may be too removed from the affective orientation of the program's basic objectives. 3. As a result of the program, is there an improved relationship between the student and the parent? Is there and improved relationship between the student and the teacher? A second direct outcome of the program's impact on the students' behavior appears Jo be the facilitating of interpersonal relationships. Both the parents and the teachers reported improved relationships with the students as a result of their participation in the program. ` More importantly, this outcome as well as the MIAMI -DADE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING • 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 Roger C. Cuevas Superintendent of Schools May 20, 1999 Dr. Rick Gelinas Executive Co- Director Little Acorns Children and Family Programs, Inc. 5888 SW 77' Terrace Miami, FL 33143 Dear Dr. Gelinas: Miami -Dade County School Board Dr. Solomon C. Stinson, Chair Dr. Michael M. Krop, Vice Chair Mr. G. Holmes Braddock Ms. Perla Tabares Hantman Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manly Sabat6s Morse Mr. Demetrio P6rez, Jr., M. S. Dr. Marta P6rez It is a pleasure to offer a letter of hearty support for the Little Acorns Children and Family Programs, an organization of which I have been proud since its inception in 1984. Its successful track record notwithstanding, Little Acorns has been a benchmark of parental involvement, concerned staff and therapeutic, enriching instruction under the careful supervision of you and Mrs. Gelinas. In particular, I wish to express my appreciation for your numerous range of activities, including field trips and special events, each of which is tailored to the developmental needs and enjoyment of the Little Acorn youngsters. I have always felt that the Little Acorns program sets a tough precedent for other programs, locally and nationally, which attempt to reach similar populations of children. Thank you for keeping me abreast of the initiatives undertaken at this fine program. Best wishes to you land your staff for continued success. Sincerely, Roger C. Cuevas Superintendent of Schools RCC:mjc L -5385 (09888) cc: Dr. Henry C. Fraind Mr. Joseph H. Mathos Mr. Nelson J. Perez 11011 S.W. 104 street Miami, FL 331 -( }3 393 V)Afiami-Dade COMMUNITY COLLEGE Kendall Campus Executive Summary EVALUA711ON OF THE LITTLE ACORNS PROGRAM, published Jan. 12, 1996 This is the third in a series of evaluations performed by this college to determine the short-term and longer -term effects of the Little Acorns training on children and parents. In this study, we designed new instruments to measure results on program "graduates" from 1988 through 1995. Between 1988 and 1995, the eight years studied in this evaluation, more than 3,000 families have completed the "Little Acorns' training, which was provided by Delphi Institute, Inc. of Miami, free of charge, in 37 Dade County elementary schools during those years. For our evaluation, we selected four of those schools from whose records we drew as our sample a randomly chosen group of 402 students, and 390 of their parents, who attended the program sometime during the eight years we studied. From that population, 73 families completed our evaluation survey. Most of the respondents were parents, but in a few cases where the parent was not available the child was the respondent. 40 of the children studied were female and 33 were male. The evaluation shows that the Little Acorns program has had a highly positive effect on children, and this effect persists over time. Assertiveness improved, school- appropriate behaviors increased, and children developed skills that made them more capable of resisting the dangers of drug and alcohol-abuse. The children also developed work habits and occupational aspirations. that increase the probability of success and autonomy in adult fife. Parents learned the importance of enforcing consistent rules within the home and improved communication skills. Several recommendations for improving the program have resulted from analyzing the extensive data gathered during this program evaluation: 1. The program should be expanded to involve more families. 2. More male children should be recruited into the program, and a mentor system needs to be developed to provide males with adequate role models. 3. The parents of children who have entered the juvenile justice system should. be required by the court to attend the Little Acorns parenting sessions. 4. The program needs to continue through high school, thus reinforcing those attitudes and behaviors taught during the Little Acorns experience. 5. A tracking method needs to be developed for program graduates which contains their addresses, academic achievement, and occupational choices upon completing school. 6. A study, over one or more decades, is needed to determine the influence of the Little Acorns experience upon the behavior of these children after they have become adults, their academic achievement and their own success as heads of families. from study published b y: Charles Verschoor, Ph.D., Professor of Psychology Miami Dade Community College, Kendall Campus Little Acorns Children & Family Programs Description of Services (1) Preventing Problems in High -Risk Children and Families (9) Risk and Protective Factors Addressed in Little Acorns Program Components ® History and Qualifications 0 Compatibility With Miami -Dade Community Goals © Parenting With SAVVI Table of Contents for Little Acorns Parenting Program © Growing Up With SAVVI Table of Contents for Little Acorns Children's Program Preventing Problems in High -Risk Children and Families CONTRIBUTING FACTORS: 1. Family Poor family management skills. Inappropriate parental attitude toward juvenile delinquency and toward law enforcement. Parents deny /permitfignore /encourage (or model) child's wrongdoing. 2. School Parents do not recognize child's needs (ref: A. Maslow's "Hierarchy Of Human Needs ", 1961) or do not help the child to meet them in legitimate ways. Parent's non - involvement with the child's school work and the parent's alienation from school. The child's poor bonding to the school, poor sense of personal identity. 3. Individual/Peer Child can not distinguish between false friends and real ones, does not know how to resist peer pressure to- participate in the problem behavior, and does not know how to deal with loneliness. Child has low self- esteem, lacks personal goals; lacks skills to cope with stressors. OUR SOLUTION: 1. We use a family training program (which has been field tested over a ten -year period) that includes: leaders' guides and structured lesson plans, workbooks for parents, and pre- and post- testing. 2. We provide an ongoing continuum of services beyond the basic ten -week family training program including: family life skills training and informational workshops, parenting skills brush -up meetings, Homework Clubs and Service Clubs for children, opportunities to engage in wholesome recreational activities, bond with positive peer groups and interact with mentors and role models. We also provide regular monitoring of participants and rewards and recognition for progress made. Services continue throughout the school year (180 days) and in a modified format throughout the summer. 3. We continually upgrade our programs to reflect the latest research on family strengthening for the prevention of delinquency and drug use. See the following page to review Intervention strategies we use to address risk factors and strengthen protective factors identified by the national research. Independent outside evaluations provided important data to improve services. For example: a 1989 DCPS evaluation found that although the program met its stated goals of improved self - esteem and interpersonal skills we did not significantly affect academic achievement. Acting on that finding we enhanced our services to include a Homework Club for our participants and their siblings to accomplish two things: a. Provide an opportunity for children to learn good work habits and study skills, participate in peer tutoring, and develop positive attitudes and a sense of responsibility about school work. b. Provide free child care for the parents while they attend the parenting classes. We have also modified our programs to ensure that they are culturally relevant and educationally appropriate for the participating family members. Currently our parenting classes are conducted in English, Spanish and Haitian Creole. Programs are taught orally if parents are non - readers. 4. Being school- based, our teams of instructors provide direct and consistent contact with the children and parents on a daily basis. This allows for easy access if the parents or children needs a confidant, or trusted advocate. It also allows for onsite monitoring and recognition of student progress and accomplishments as well as swift intervention when problems arise. School staff have noted an increased level of school involvement from parents who have participated in the program. Parents report an increased comfort level about coming to school and interacting with teachers as a result of what they have learned in Little Acorns. Risk and Protective Factors addressed in Little Acorns The specific problems are addressed as three major groups: Family, School, and Ipdividual /Peer. For each Risk Factor, intervention strategies are taught to enhance Protective Factors. Intervention strategies are taught to both parents and children. Teaching is reinforced at family meetings. Following are the paired Risk Factors and Protective Factors enhanced. FAMILY Risk Factors Protective Fpctors 1. Family History of Problem Behavior 1. Ethics and behavior training for parents and child together, rewarding successive progress toward good behavior, How child may cope: have independent values 2. Family Management Problems 2. Democratic rule making for entire family including; structure, consistent rules and parental °supervision, appropriate discipline techniques 3. Family Conflict 3. Conflict resolution, problem solving and communication skills 4. Favorable Parental Attitudes and 4. Candid appraisal of child's behavior, the importance of Involvement in Behavior parental modeling; establishing /strengthening family traditions SCHOOL Risk Factors Protective Factors 1. Antisocial Behavior 1. Socialization techniques, conflict resolution, problem solving and communication skills; sportsmanship and cooperation; commitment to the group 2. Academic Failure 2. Prescriptive behaviors for academic success; strengthen study skills, work habits; advocate for additional academic help at school when needed 3. Lack of Commitment To School 3. Confidence builders for commitment to school; positive attitude toward learning and achievement (enhancing self - esteem, self - efficacy); goal- setting; formal recognition of progress; parent interest and involvement in the child's educational progress; parental involvement in school activities INDNIDUAUPEER Risk Factors Protective Factors 1. Alienation & Rebelliousness 1. Break patterns of isolation; teach the "loner" and the rule breaker new ways to get needs met; create opportunities to bond with positive groups and be of service to school and community 2.. Friends Who Engage In A 2. Distinguish between real & false friends; help real friends improve Problem Behavior behavior, make choices and decisions based on long term goals 3. Chang@ attitudog, modeling, helping othom do §nmo, dovoloping 3. Favorable Attitudes Toward the genuine leadership qualities Problem Behavior 4. Early Initiation of the Problem 4. Monitor participants closely and recognize/reward their progress; teach parents how to modify child's problem behaviors; advocate for Behavior expanded network of support systems and services Program Components There are 5 discreet training programs of Kittle Acorns that work together, 1. �ittle Acorns Family Training PrograM This is a highly structured ten -week training program that strengthens families and family members as a strategy against juvenile delinquency. The program uses a fixed curriculum, pre- and post testing, the latest state of the art teaching aids that are commercially available in the domain of music, art, puppetry and role - playing, and it also has its own text books which were written by the Co- Director. 2. Homework Club This program, which holds its meetings next door to the parent training sessions of the Little Acorns program, and during the same hours, provides: A. child services for moms with little ones and no baby sitter B. tutoring and homework assistance for the school -age kids 3. AAighty Oaks Service Club This is a follow -up training program for Little Acorns graduates. it provides: A. community service projects which often include parent volunteers B. opportunities to bond with positive peer groups in joint projects C. large -group attendance at educational, cultural and recreational events 4. AAighty Oaks Family Empowerment Workshops A. brush -up meetings on parenting skills taught in Little Acorns B. Informational and training workshops for children and parents 5. KIQS N COPS -N KITE5 Mentoring Program This is a mentoring service to juveniles, most of whom are high -risk. Many have learned from the street that the police officer is their natural enemy, someone to hate and fear. This project teaches kids otherwise. Impact On Children & Families And On The Justice, System The 9/94 U.S. OJJDP pub., "Family Strengthening in Preventing Delinquency, a Literature Review ", lists one hundred and twenty -one published studies. All agree family strengthening is critical to the appropriate maturation of high -risk youth. The author emphasizes that even a training period as brief as ten weeks can have a salutary and permanent effect. Epidemiological surveys conducted by the U.S. Government and cited herein indicate that psychosocial disorders leading youth to criminal behavior are 'likely" to worsen in a poor home environment. Conversely, etiological research cited indicates a high probability that children impacted by any good family strengthening process or training will not thereafter become serious law breakers. The research further shows that the earlier this intervention is begun in the child's life, the better are the results. This implies a significant relief to the justice system. caveat. We do not claim to change people in ten weeks. People say they do change in that time frame, but we consider that kind of claim to be nothing more than understandable exaggeration born of natural exuberance. In point of fact, we change no one. What we do that is of some value, however, is teach people how to DEVELOP and USE their own inner resources to improve themselves, to take charge of their life and live it like a winner. We have found that this makes for an excellent point of departure from old bed habits and a strong entry point for ongoing personal growth. Little Acorns gives folks a good beginning in ten weeks. The Mighty Oaks Club, which a family can stay with as long as they want to, teaches participants how to bond with appropriate peer groups and develop and sustain wholesome relationships and support systems. Little Acorns History and Qualifications Little Acorns has been a valuable non - profit partner to the Public School System and local government and private agencies serving youth and families since 1984. In that time Little Acorns has graduated more than seven thousand students and parents from its juvenile drug, crime and drop -out prevention training program. Intensive Family Training This highly structured training program, targeting children ages 8 -11 and their parents, has specific and measurable objectives to help build self - esteem, develop character, social skills, parenting skills, family bonding and trust, and skills in drug and crime avoidance. The child and parent programs take place in the afternoon and evening in local schools. Parents must sign an agreement that they will attend the parent training classes in order for their children to be in the program. Weekly Homework Clubs are offered to -the children of the participating families. Ongoing Youth Development and Family Support A follow -up Mighty Oaks Club offers families on -going services to increase their social competence, interpersonal skills and self - confidence. The club develops good citizenship by providing ongoing opportunities for community service. It also helps families reduce stress and develop closer bonds through wholesome family activities. Well-trained Staff and Highly Focused Services All program components are implemented exclusively by specially trained school -based personnel. Little Acorns instructors are teachers who have successfully completed a ten -week training program. They are provided with all necessary materials and updates as well as ongoing training and supervision. They are assisted by other teachers who conduct the homework and service clubs. Program facilitators are racially and ethnically matched to client population whenever possible, and conduct the programs in English, Spanish and Haitian Creole as needed. * Parents also participate p p y outings and "brush -up" parenting meetings. Fiscal and Programmatic Accountability Program service audits by the school system and the Governor's office show a high rate of training retention in both children and parents over an extended period of years. Evaluations show that Little Acorns addresses important needs in our community and provides long -term pooitive results in familie §. Funding is by grants, corporate and private donations and income from an annual kite festival. Governance is by an elected volunteer board of directors. An annual audit with opinion consistently indicates "highest standards" in fiscal accountability. Contact Hours Per Person Little Acorns Students 28 Little Acorns Parents 20 Homework Club Students 20 Mighty Oaks Service Club Students* 43 in some of the service projects, special family * Parents also participate p p y outings and "brush -up" parenting meetings. Fiscal and Programmatic Accountability Program service audits by the school system and the Governor's office show a high rate of training retention in both children and parents over an extended period of years. Evaluations show that Little Acorns addresses important needs in our community and provides long -term pooitive results in familie §. Funding is by grants, corporate and private donations and income from an annual kite festival. Governance is by an elected volunteer board of directors. An annual audit with opinion consistently indicates "highest standards" in fiscal accountability. COMPATIBILITY WITH MIAMI -DADE COMMUNITY GOALS Little Acorns was compared to each part of the District Juvenile Justice Plans, the District 11 Dept. of Children & Families Plan, and the Goals of the Miami -Dade County Public School System and was found to be consistent with all on many individual points. ► TRUANCY PREVENTION b. Educate our children and parents to understand that school attendance is vital for future success. c. Support and encourage family focused counseling to treat the causes of truancy. SCHOOL SUSPENSION AND EXPULSION c. Educate parents and the community that expulsions serve to put unsupervised children onto our streets, where few programs are available and delinquency usually occurs. ► SCHOOL BASED PROGRAMS b. Encourage use of ... state ... funds to open school campuses for ... educational enrichment. d. Encourage and support character based curriculums at all grade levels that will assist children to make good choices. e. Encourage and support positive peer -group programs. HIGH RISK CHILDREN a. Identify problems and behaviors that place youth at risk of delinquency. b. Identify at the earliest possible age children who exhibit risk behaviors. c. Provide and support effective and appropriate programs to serve children and families at risk both before and after any involvement with the juvenile justice system. Copyright 0 1985 by LiWeAcoms Children & Family Programs, Inc. All rights reserved. Parenting With SA V V Hi! I'm SAWF0 SAAIS Attitude Vision Denture Integritf :.. the L We Acorm ammi CONTENTS Chapter 1: The Family Savvy (sav6) Slang — To understand or Imow comprehend. Practical understanding or Imow hour common sense. I <lat Sapere, to be wise] time management the well/balanced family vs. the child centered family parents as role models interdependence and value of all family members the importance of chores deepening family roots Chapter 2: Understanding Behavior and Human Needs ............ response - ability the four basic human needs attention control respect competence 23 Chapter 3: More About Behavior /Misbehavior .................. 43 how to help our children get their needs met in healthy ways understanding misbehavior techniques for dealing with misbehavior perfectionism and criticism Chapter 4: Solving Family Problems ......................... 65 what to do when your child has a problem what to do when it§ your problem listening with your heart using "I" messages Copyright 0 1985 by little Acorns Children 6r Famnly Programs, Inc All rights reserved. Chapter 5: Feelings ...... ............................... 81 understanding feelings expressing our feelings in healthy ways finding out what's underneath the anger Chapter 6: Family Unity .. ............................... 101, dealing with conflicts fighting fair family togetherness ideas setting family goals Chapter 7: Discipline / Consequences ....................... 119 discipline spanking rewards and punishments the art of using consequences Chapter 8: More Consequences and Handling Mistakes ........... 137 practice session applying all skills to difficult problems consistency handling mistakes Chapter 9: Praise and Encouragement ....................... 145 the use of praise the importance of touch encouragement Copyright ® 1985 by LAW Acorns Children Sr Fanaly Prograr s, Inc AU rights reserved. LITTLE ACORNS Growing up with SAM CONTENTS Class 1 Establish group goals and guidelines Build group trust and safety Acceptance and sharing of feelings Class 2 Establish and practice good listening skills Being honest Taking risks / Going For It -Appreciating our uniqueness Being part of the human family - similarities Class 3 Learning about feelings Bodylanguage Open feelings /closed feelings Class 4 Styles of self expression aggressive (monstery) passive (mousey) . assertive (being yourself, honest) Class 5 Taking responsibility for your feelings Taking responsibility for your behavior Acknowledging personal strengths & weaknesses Class 6 Basic human values honesty, fairness, equality, respect, responsibility The "pluses" of life - (giving and receiving more love) The "minuses" of life - (handling criticism, failure, loss) Homework: practice The Golden Rule, Keeping Your word Class 7 What Is trauma? Handling trauma Trusting and confiding in others Compassion and empathy Class 8 Handling negative situations and people Solving daily problems and conflicts Ways to increase "pluses ", decrease "minuses' Self - control Copyright ©1985 by Little Acorns Children & Family Programs, Inc. All rights reserved. Class 9 Understanding & appreciating different points of view Learning to compromise, negotiate, give and take Respecting differences Seeing the strengths in our diversity Making your unique contribution to the world Class 10 Making choices and living by them day to day Using your head under pressure from peers Instant gratification vs. long term rewards Class 11 Asking questions, getting the facts Standing up for yourself Saying no Setting goals and how to get there Persistence, self - reliance Class 12 Handling criticism Evaluating "real' and "unreal' criticism Using mistakes as a way of learning Self- improvement without self- disparagement Finding and building inner strength Class 13 Giving and receiving compliments Going for it/taking risks Creating your future Class 14 Rights and responsibilities Being a good citizen Appreciating and acknowledging improvements in group members Class 16 Thanking people who care about us Planning Mighty Oaks activities using personal power and strengths being a good role -model making a contribution to others Class 16 Review of Little Acorns concepts Setting immediate goals for school, family, friends, special interests Trusting yourself and your ideals Endings and saying good -bye Class 17 (transition into Mighty Oaks) Welcome Little Acorns grd'duates to the Mighty Oaks Club Partn@rghip, Wamwork Cooperation Friendship Copyright 0 1985 by Little Acoms Children & Family Programs, Inc. All rights reserved. LETTERS FROM PARENTS "We would like to express our appreciation to you for the Little Acorns program. Rhea has had private counseling but nothing has helped as much as your `program. Most important of all, Rhea is a much happier LiWe: young man. Thanks for letting us be a part of the program. " Charles & Pat Sarka Acorris "Sean has enjoyed the Little Acorns program very much and the change in his feelings about himself is still evident. Sean's teacher even sent .a note home one day remarking on the differences she 'noticed iri'his attitude toward school and other positive changes. Thank you." ' Lani Josefovsky "Elijah says it is the best thing that has ever happened to him, the Little Acorns program. And I agree. The things he's shared have created a real breakthrough in our relationship. There's a lot more love and I was able to stop a lot of unnecessary anger flowing his way. Thank you very much!" Symma Finn "Brian has come a long way in the past few months. He is learning to share and to express his feelings openly. I have been able to be more patient with Brian. We are definitely a 'Little Acorns Family'!" Janet Pollen "We've dealt with psychologists and psychiatrists but we feel that Little Acorns helped us with Adam more than they did. He talks to us now, accepts rules better, takes more responsibility for himself and is accepting his position in the family. Until recently we never saw how witty he is. Thank you." Sandee Harding - Barnett "I learned how to talk with my children in a positive manner that reflects upon our family in a most peaceful way, open our communication with each other and enables us to grow. Thank you." Kathleen Helle "I want to let you know how valuable the program was to us. I have found it to be straight forward in approach to both parent and,child:' It creates an, <, ,iV atmosphere of trust, that individual feelings are OK and that there is more than one Way to deal with them. The alternatives are looked at in a positive light. I .; can see such great potential in all grade levels for both parent - child, teacher -child relationships. Little Acorns has had a wonderful, positive effect in our family." Cheryl Quinn "This is a well organized program with very special r peopl e -who actually became best friends to my daughter. L appreciate their time and concern to help my child in opening up new horizons and other positive challenges in her life." Sandra Williams t+ " I want to tell you of the wonderful experiences of my daughter and myself in the Little Acorns program. Jenny had been having problems getting along with classroom peers and a school staff member. I responded with punishment until I learned in the Little Acorns parent group how to communicate and to listen to her, how to encourage my daughter, and how to help her develop a sense of responsibility. Jenny's self- esteem and confidence grew as a result of her participation in the Little Acorns children's group. Well before the end of the program, she had worked out her school problems and was busy making friends again. My confidence in my ability to be a' parent hit an' all time high, my younger son's behavior improved, `and our family is now working things out together." Beatrice Weaver "Shiba has shown us that she really wants to learn, and that school is the most important thing in her life right now. She has also made it very clear that nothing or no one can stand in her way of learning. Shiba has really changed since the Little Acorns program." Betty Farmer "This program is a very good one. For children it teaches them self- control, how to handle emotions... it helped me to understand Yolanda better. She enjoys life more. She has learned to do more for herself, without me." Bernice Poole "It is impossible to tell you all the positive changes � . Jimmy has had since Little Acorns. My son has ; -- confidence, expresses his feelings, relates better to the family and is now a much happier person. :Through Little Acorns, I feel we have turned the key for a positive, future for Jimmy. Thanks!" Pam Fryer "Thank you for letting us be part of your family of Little "Acorns. It turned my child into a very friendly r :and loving boy and we are enjoying him very much. We Liwe a1; also. learned to be much better parents. There have been a lot`of<:friends that.noticed the change and.wish.,; to take the Little'Acorns program . -Do you-think it will orm UA*� T;be possible for ahem to receive the course in their u,R local schools? -Thank you very much:" Marilyn Martinez. "There are no adequate words to describe Carolyn's responses to Little Acorns. She is beginning to feel special in a positive way. That is quite a feat, considering her disabilities. (Editor's note: This child has lost a leg to neurofibromatosis.) Half -way through your program she began to be patient! In her own words, 'Look, Mother. I am different. It just takes me a little longer'. My husband Chuck, and I learned a lot. Old parenting habits die hard. How I wish we had this exposure ten years ago with our first child. Many mistakes could have been avoided. Thanks." Marilyn & Chuck Manash "Little Acorns has been a definite factor in changing our way of family life. I love my two children but I used to think that being a good mother meant being able to control my children's actions all the time.- ,;Since this is .impossible, I ended up totally frustrated and taking -it out on my children. I felt like a total failure as a mother and made my children feel like failures for not living up to expectations. Now I no longer feel like a failure, my children's self- esteem is higher, and best of all we now enjoy each other instead of going through a power struggle." Vicki Horton "I am enjoying taking a part in this very informative program. Robert, my grandson seems to be enjoying Little Acorns and is showing more self. control at home. (less tantrums).,,. We now know there are other parents and children like ourselves: That we are not alone with our problems. I hope this program will be permitted to continue so that others will be helped as I have been,to help Robert to reach his fullest potential in all aspects of his life." Mae E. McPhee "M step-daughter who is 12 was in the Little Acorns- ro Y p gram. this year. Milly (not her real name) who her dad. got custody of he -7 of child abuse by the mother, .was carrying a lot of guilt, fear and behavior : „} problems. I found that °when she joined Little Acorns;there were some. Liwe i -411. changes in her attitude and behavior. Now. she seems more at peace, able to stand up for herself, talk about what's troubling her and she started making friends. I hope the Acorn program keeps going strong because I have a 5 year old that would love to take it when he is old enough. So keep up the good work!” z Name withheld !, s 3 This program has been very helpful in understanding how to deal with'my "child. It has taught me to control - my emotions rather than just blowing up if she does something I don't like. My daughter has also shown a remarkable change by taking responsibility for her actions and trying to resolve her own problems. This program has made us both better persons and made it easier to talk to each other." George Masciarelli LETTERS FROM EDUCATORS program has been a powerful asset to our intention to be a full service school.: is been most productive in serving at -risk youth and their parents:; We fully cation of funding for this excellent program in our school." Olga Miyar, Principal` Auburndale Elementary "The Little Acorns staff work in partnership with the school counselors and teachers to provide early intervention services to our at -risk youth and their parents. We have seen so many positive changes in the Little Acorns students, both academically and socially. The parents have given high praise to the value of the program and* the quality of its staff Matthew Lawrence, Principal Feinberg /Fisher Elementary "On behalf of Mrs. Zaher (principal) and myself, I want to express our, sincere thanks for helping to bring the Little Acorns Program to Miami Shores Elementary School. It has proven to be and outstanding, en1'ightening, and helpful program - enhancing self- esteem and establishing open communication and sharing of feelings among family members. Enough p95itivc accolades cannot be given to the Little Acorns program and we totally support all that it has done for many student and families." Bob Baum, Counselor Miami Shores Elementary "Many of the children in Little Acorns I also have in small group counseling. I have seen tremendous improvement in many of the boys and girls. They have more confidence in themselves. Many are getting better grades. Children are :telling me they can communicate better with their parents and parents seem to be �'-mo`re understanding and more willing to workout problems that arise. Parents =are saying that life is running more smoothly at home for the entire family. I would love to see the entire program expand and other elementary schools in Dade County implement Little Acorns. It makes a great impact on children." Pat Wilson, Counselor Gulfstream Elementary "The way you have run and organized the Little Acorns at our school for the past two years has been nothing short of marvelous. Your enthusiasm, vigor and boundless dedication to our students and their families is an example to us all. Ismael lbarra, Counselor Everglades Elementary "This program has proved to be extremely successful with our students and is an efficient complement to the guidance program. It reduces the amount of violence expressed by the children involved in it and definitely improved their self - esteem. It is a true service to our students. Elena Gonzalez, Counselor Sweetwater Elementary "Thank you, thank you, thank yowl Being a Little Acorns instructor has been an. excellent professional and personal experience. Professionally, I became enthused about being an educator all over again. Little Acorns motivated me to apply the newly acquired skills in our TOPS program which were extremely useful in solving problems amongst children. I wish we were taught these techniques as part of our college preparation for becoming teachers. Personally, it has been very special to me to work with students and parents from my cultural heritage. Thank you again for letting me be a part of Little Acorns." Rosalia Fernandez, Teacher and former Little Acorns Instructor s � CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: 07/15/99 Date Prepared: 07/09/99 Consideration of Officers, Sergeants, and Communication Operators Collective Bargaining Agreement Subject/Agenda Item: Approval of Collective Bargaining Agreement with P.B.A. Officers, Sergeants, and Communication Operators Unit. Recommendation/Motion : Reviewed by: Originating Dept.: Police Costs: S 0 Council Action: Total City Attorney Police [ ) Approved Finance K ko $ [ ) Approved w! conditions Current FY ACM [ ) Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ j Operating Paper [ ] Other Report tt�offCity Mgr. from�.B Aatificatian [ X ] Not Required Collective Bargaining Agreement Submitted by: 64607, Department Director Affected parties [ ] Notified Budget Ac": [) None Approved by: City Manager [ ) Not required BACKGROUND: See attached report to the City Manager. PALM BEACH GARDENS POLICE DEPARTMENT Interoffice Memorandum TO: Bobbie Herakovich, City Manager FROM: Dennis J. O'Rourke, Assistant Chief of Police DATE: July 9, 1999 SUBJECT: Ratification of Officers, Sergeants, and Communication Operators Collective Bargaining Agreement On Thursday, July 1 1999, the Officers, Sergeants and Communication Operators bargaining unit ratified a thrcc year collective bargaining agreement by a vote of 25 for and 24 against. The agreement shall become effective retroactive to October 1, 1998, and expire on September 30, 2001. Nine negotiating sessions were held by members of the City, and their bargaining agent, the Palm Beach County Police Benevolent Association (P.B.A.) While both parties agreed to a significant amount of "cleanup" language, several substantive issues were agreed upon which I shall outline. Article 18, Insurance Benefits, has increased the amount of cost for dependent coverage from $120.00 monthly up to $180.00 monthly. Article 32, Salaries, has raised the minimum salary for patrol officer from $29,172.00 to $30,000.00. The maximum salary for that position has been raised from $43,000.00 to $45,000.00 in year #1, with an additional $1,000.00 increase to the maximum salary in years 2 and 3. ($46,000.00 year #2, $47,000 year #3.) Communication Operators minimum salary has been raised from $20,500.00 to $23,000.00, with our current personnel receiving salary adjustments based upon years of service to eliminate a compression problem. All salary adjustments in year #1 are retroactive to October 1, 1998. Lastly, we agreed upon a merit based evaluation form which will become effective October 1, 1999. Please contact me if you have any additional questions or concerns regarding the terms and conditions of this agreement. DJO /ps cc: James O. FitzGerald, Chief of Police Richard Diamond, Assistant City Manager James Waldron, Human Resources Director Kent Olsen, Finance Director Jennifer Steidl, Human Resources Analyst RESOLUTION 90, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL AND RATIFICATION OF AN AGREEMENT BETWEEN THE POLICE BENEVOLENT ASSOCIATION AND THE CITY OF PALM BEACH GARDENS FOR CERTAIN OFFICERS, SERGEANTS AND CON04UNICATION OPERATORS EMPLOYED BY THE CITY OF PALM BEACH GARDENS POLICE DEPARTMENT FOR THE FISCAL YEARS 1998/1999,1999/2000, AND 2000/2001; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAM AGREEMENT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Negotiating Team and the Police Benevolent Association have come to an agreement regarding the employment contract for Police Officers, Sergeants and Communication Operators employed by the City of Palm Beach Gardens Police Department for the Fiscal Years 1998/1999, 1999/2000, and 2000/2001; and WHEREAS, members of the Police Benevolent Association affected by the attached contract have voted in favor of ratification of said contract. SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves and ratifies the contract between the City and the Police Benevolent Association for Police Officers, Sergeants and Communication Operators employed by the City of Palm Beach Gardens Police Department. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby authorizes and directs the Mayor and City Clerk to execute the employment contract between the Police Benevolent Association and the City of Palm Beach Gardens for 1998/1999, 1999/2000, 2000/2001 Fiscal Years for Police Officers, Sergeants and Communication Operators employed by the City of Palm Beach Gardens Police Department. RESOLUTION 90, 1999 ' '.' PAGE 2 OF 2 SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF JULY, 1999. ATTEST LINDA V. KOSIER, CMC VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO JOSEPH R. RUSSO,MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT Jul- 06- 99.04:07P pbcpba 5616870154 P_02 .PALM BEACH COUNTY. POLICE BENEVOLENT ASSOCIATION, INC. PALM BE1010UNTY MAILING ADL)RrSS o 2100 N, Florida Mango Road ? Wrst Palm Bcach. FL 33409 -64(X) (561) 689 -3745 (561) 687 -0154 Fax July 6, 1999 Facsimile (561) 775 -8244 Bobbie Herakovich City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 RE: Ratification of Patrol Officers and Sergeants Contract Dear Ms. Herakovich: Ar)MINIS'iRA17 VE or'PICLS 21M N. Florida Mango Road Wcst Palm Bcach. 1'1. 33409 -6400 (561) 689 3745 Regarding the recent changes in the current patrol officers and sergeants contract between the City of Palm Beach Gardens and the Police Benevolent Association, please be advised a ratification vote was held on Thursday, July 1, 1999 with the following results: 25 FOR RATIFICATION 24 AGAINST RATIFICATION If you have any questions, please feel free to contact me. Very truly yours, 4", i V044-vl� Alan M_ Aronson General Counsel AMA :gs cc: Dennis O'Rourke, Assistant Chief PBA Reps The Voice of Palm Bench Cnanty's l.nw 1-'rtfnreement Ernest W. George, President - Rchen Provo.st. Vice Prmident - ArthLJF Algcetlln, Secrt:tary Trc;ksu R.r THE CITY OF PALM BEACH GARDENS PALM BEACH COUNTY P.B.A. OFFICERS OCTOBER, 1, 1998 THROUGH SEPTEMBER 30, 2001 TABLE OF CONTENTS ARTICLE1 ..................................... ............................... 1 PREAMBLE .............................. ............................... 1 ARTICLE2 ................................. ............................... .. 2 RECOGNITION........................... ............................... 2 ARTICLE3 ..................................... ............................... 3 ACTING OFFICER ......................... ............................... 3 ARTICLE4 ..................................... ............................... 4 ASSOCIATION REPRESENTATIVES 4 ARTICLE5 ..................................... ............................... 5 BARGAINING UNIT IDENTIFICATION ....... ............................... 5 ARTICLE6 ..................................... ............................... 6 BEREAVEMENT LEAVE ................... ............................... 6 ARTICLE 7 ..................................... ............................... 7 BULLETIN BOARDS ....................... ............................... 7 ARTICLE8 ..................................... ............................... 8 CHANGE OF STATUS ...................... ............................... 8 ARTICLE9 ..................................... ............................... 9 COURTTIME ............................. ............................... 9 ARTICLE10 ................................... ............................... 10 CONTRACT CONSTITUTES ENTIRE AGREEMENT ........................... 10 ARTICLE 11 ................................... ............................... 11 DISCIPLINE ............................. ............................... 11 ARTICLE12 ................................... ........... .................... 12 DUES DEDUCTION ...................................................... 12 ARTICLE13 ... ............................... .............................. 14 DURATION.............................. ............................... 14 ARTICLE14 ................................... ............................... 15 FUNERAL EXPENSE ...................... ............................... 15 ARTICLE15 ................................... ............................... 16 GRIEVANCE AND ARBITRATION PROCEDURE ............................. 16 ARTICLE16 ................................... ............................... 18 HOLIDAYS.............................. ............................... 18 ARTICLE17 ................................... ............................... 19 INCENTIVE PAY ......................... ............................... 19 ARTICLE18 ................................... ............................... 20 INSURANCE BENEFITS ................... ............................... 20 ARTICLE19 ................................... ............................... 21 LEAVE OF ABSENCE ..................... ............................... 21 ARTICLE20 ............. ............................... .................... 22 LEGAL BENEFITS ........................ ............................... 22 ARTICLE21 ................................... ............................... 23 LONGEVITY BENEFITS ................... ............................... 23 ARTICLE22 ................................... ............................... 24 MAINTENANCE OF CONDITIONS .......... ............................... 24 ARTICLE23 ................................... ............................... 25 MANAGEMENT RIGHTS ................... ............................... 25 ARTICLE24 ................................... ............................... 26 NON - DISCRIMINATION ................... ............................... 26 ARTICLE25 ................................... ............................... 27 OFF DUTY/EXTRA DUTY EMPLOYMENT .... ............................... 27 ARTICLE26 ................................... ............................... 29 PERSONNEL RECORDS ................... ............................... 29 ARTICLE27 ................................... ............................... 30 PHYSICAL EXAMINATION ................. ............................... 30 ARTICLE 28 ..... ............................... 31 PROBATIONARY PERIOD ................. ............................... 31 ARTICLE29 ................................... ............................... 32 PROHIBITION OF STRIKES ................. ............................... 32 ARTICLE30 ................................... ............................... 33 PROMOTIONS........................... ............................... 33 ARTICLE31 ................................... ............................... 34 RECALLPAY ............................ ............................... 34 ARTICLE32 ................................... ............................... 35 SALARIES............................... ............................... 35 ARTICLE33 ................ .................. ............................... 38 SAVINGS CLAUSE ....................... ............................... 38 ARTICLE34 ................................... ............................... 39 SENIORITY.............................. ............................... 39 ARTICLE35 ................................... ............................... 40 SICKLEAVE ............................. ............................... 40 ARTICLE36 ................................... ............................... 42 SUBSTANCE USE AND TESTING ........... ............................... 42 ARTICLE37 ................................... ............................... 43 TERMINATION .......................... ............................... 43 ARTICLE38 ................................... ......................I......... 44 TRAINING............................... ........:.....:................ 44 ARTICLE 39 ................................... ............................... 45 TRAVEL ALLOWANCE ................... ............................... 45 ARTICLE40 ................................... ............................... 46 TUITION REIMBURSEMENT ................ ............................... 46 ARTICLE41 ................................... ............................... 47 UNIFORMS AND EQUIPMENT .............. ............................... 47 ARTICLE 42 ................................... ............................... 49 VACATION LEAVE ....................... ............................... 49 ARTICLE 43 ................................... ............................... 50 WORKER'S COMPENSATION AND DISABILITY LEAVE ...................... 50 ARTICLE 44 ................................... ............................... 52 WORKWEEK AND OVERTIME ............. ............................... 52 ARTICLE 45 ................................... ............................... 53 HAZARDOUS DUTY ...................... ............................... 53 SIGNATUREPAGE ............................................................................................ ............................... 54 ARTICLE 1 PREAMBLE Section 1: In accordance with the State of Florida Public Employees Collective Bargaining Statute and the City of Palm Beach Gardens this agreement is entered into by and between the City of Palm Beach Gardens, a municipal corporation in the State of Florida, hereinafter called the 'Employer" or the "City" and the Palm Beach County Police Benevolent Association, hereinafter referred to as the "PBA" or "Association ". The labor agreement is applicable for employees as defined in Certificate No. 221 issued to the PBA in accordance with the Certificate granted by the Public Employees Relations Commission on April 15, 1976. Section 2: The purpose of this agreement is to promote and maintain harmonious and cooperative relationships between the employer and employees, both individually and collectively, to provide an orderly and peaceful means for resolving differences which arise concerning the interpretation or application of this agreement, and to set forth herein the basic and entire agreement between the parties in the determinations of wages, hours and terms and conditions of employment. Section 3: The parties recognize that the basic interest of the community will be served by assuring the public, at all times, of orderly and uninterrupted operations and function of the municipal government, and by providing in the most efficient manner, superior public service to the citizens. of the community. ARTICLE 2 RECOGNITION Section 1: The City of Palm Beach Gardens hereby recognizes the Palm Beach County Police Benevolent Association as the exclusive representative for the purpose of collective bargaining with respect to wages, hours and terms and conditions of employment for all employees in the bargaining unit. The classification or job title used below are for descriptive purposes only. Their use is neither an indication nor a guarantee that these classifications or titles will continue to be utilized by the City. Section 2: The bargaining unit for which this recognition is accorded is as defined in Certificate No. 221 granted by the Public Employees Relations Commission on April 15, 1976, and amended on December 4, 1991, comprising of all sworn Police Officers who hold the rank of sworn Certified Police officer and Police Sergeants and for non -sworn Police Communication Operators, and non -sworn Lead Police Communication Operators. Section 3: The Palm Beach County Police Benevolent Association hereby recognizes the City Manager or his representative as the Public Employer's only representative for the purpose of collective bargaining. Section 4: For the purpose of this agreement, the terms bargaining unit employees, officer, member and employee shall be synonymous. 2 ARTICLE 3 ACTING OFFICER Section 1: An employee assigned to work at the City's request in a higher classification for 8 hours or more shall receive assignment pay of five percent (5 %) above his base rate of pay for all hours worked in that assignment. 3 ARTICLE 4 ASSOCIATION REPRESENTATIVES Section 1: A bargaining unit member, who is an elected PBA official and/or bargaining unit member of the PBA negotiating team shall be permitted to use annual leave or other earned time, excluding sick leave, for the purpose of conducting PBA business and negotiations provided that: (1) A written request for the use of annual leave or other earned time, excluding sick leave, is submitted to the Chief of Police or his authorized representative. (2) Sufficient manpower is available to maintain efficiency of operations during the absence of the PBA officials as so determined by the Chief of Police or his designated representative. Section 2: It shall be the responsibility of the bargaining unit to promptly notify the City Manager and the Chief of Police in writing of any change in the designation of PBA representatives. Section 3: PBA representatives, unless authorized by the Chief or his designee, shall not contact any employee or other person concerning grievance matters or PBA business during either the working hours of the PBA representative or the working hours of any employee sought to be contacted. Section 4: An Employee Organization Time Pool shall be established on the basis of each bargaining unit member contributing four (4) hours of vacation leave to the pool on an annual basis. Said four (4) hours will be deducted from each bargaining unit member's leave balance in the 2nd pay period of October and thereafter when requested by the PBA to the City Manager's Office in writing prior to October 1. Section 5: The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in all matters requiring mutual consent or other official action called for by this Agreement. The Union agrees to notify the City of the name of such authorized representatives as of the execution of this Agreement and each replacement therefore during the term of this Agreement. Authorized representatives shall be defined as the elected officers of the Union and duly elected or appointed stewards, provided that notification has been provided in writing to the Office of the Police Chief at least twenty-four (24) hours in advance. Until such notice is received, the City is under no obligation to recognize the individual as an authorized representative of the Union. Section 6: The Union likewise agrees that during the term of this Agreement, the Union and the employees covered hereunder shall deal only with the City Manager or his representative in matters requiring mutual consent or other official action and specifically the Union agrees that neither the Union nor the employees hereunder shall seek to involve the City's elected officials in the administration of this Agreement, or otherwise in the operation of the City's Police Department. All matters relating to grievances shall be processed only through the grievance procedure chain of command. 4 ARTICLE 5 BARGAINING UNIT IDENTIFICATION Section 1: Upon request, the City agrees to provide to the.PBA on an annual basis a roster of the sworn and non -sworn bargaining unit employees name, address, date of birth, social security number and current pay. Section 2: The PBA agrees to remit to the City the amount of $25.00 annually for the administrative cost of providing said roster upon receipt of a statement from the City's Human Resources Department. ARTICLE 6 BEREAVEMENT LEAVE Section 1: In the event of the death of the mother, father, step- mother, step - father, grandmother, grandfather, grandchild, brother, sister, husband, wife, son or daughter of the employee or employee's spouse, such employee shall be entitled to funeral leave for the purpose of arranging and attending, said relative's funeral for a period of three (3) working days for any one death. In the event the death requires an out -of -area trip exceeding 250 miles one way, the Police Chief shall authorize an additional (2) working days. Section 2: An employee on funeral leave provided in the Article shall be paid for such hours which the employee would normally be scheduled to work. Section 3: The City reserves the right to require documentation supporting compliance with the provisions of this Article after the employee returns to work. Section 4: The provisions of this Section shall not apply to employees who fail to contact the employer prior to taking such leave. T ARTICLE 7 BULLETIN BOARDS Section 1: The Chief of Police will provide the following two (2) bulletin boards in the Police Department for the exclusive use of the PBA in connection with Union business. Section 2: The Chief of Police may make periodic inspections of the bulletin boards and request material be removed. Removal shall not be unreasonably denied by the Association. 7 ARTICLE 8 CHANGE OF STATUS Section 1: The placement of employees within the Police Department shall be the responsibility of the Chief of Police. An employee may be transferred or reassigned for operational reasons. Section 2: Whenever feasible, employees will be notified at least two (2) weeks in advance of transfer, reassignment or change of shift. ARTICLE 9 COURT TIME Section 1: Off duty court time shall be computed in the following manner: the normal witness fee and expenses shall be retained by the employees and an additional three hours of credit shall be given for the first court appearance in any given calendar day, subject to the provisions set forth herein. Section 2: An officer, who is required by the City to be in court while off duty, shall receive a minimum of three (3) hours pay at one and one -half (1.5) his regular rate of pay. Section 3: For each court appearance in excess of three (3) hours, an officer. shall receive credit for all hours during which his attendance is required in accordance with the FLSA. Section 4: For the purposes of this article and subsection, each additional court appearance separated from the employee's previous court appearance by a period of more than sixty (60) minutes qualifies for compensation as described above. The sixty (60) minute time period is calculated from the time the officer is released by the court until the time stated on the next subsequent subpoena. 01 ARTICLE 10 CONTRACT CONSTITUTES ENTIRE AGREEMENT Section 1: The parties acknowledge and agree that, during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this agreement. Each party agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time they negotiated or signed this agreement, but it is further recognized that this Article does not constitute a waiver of the PBA "s right to negotiate any past practice or changes in contractual terms. Section 2: By mutual agreement, any item may be brought to the table for negotiations. The parties agree not to propose any changes to this agreement, during the duration of this agreement, unless there is mutual consent to negotiate such changes. L[il ARTICLE 11 DISCIPLINE Section 1: The parties recognize that the interest of the community and job security of the bargaining unit member depends upon the City's success in providing proper and efficient services to the community. To this end, the City and the PBA encourage to the fullest degree, behavior which is positive and supportive of the goals of effective municipal management and public safety. The parties recognize the need for progressive and appropriate discipline when an employee's conduct and job performance are inconsistent with said goals. Section 2: No bargaining unit employee who has completed the initial probationary period shall be disciplined except for cause. Progressive, consistent, and appropriate discipline will be administered according to the seriousness of the offense. The loss of pay in reassignment shall be considered as part of the determination of the disciplinary action. Disciplinary action may include: A. Written counseling form B. Suspension without pay C. Demotion D. Dismissal E. Training - Remedial training costs shall be paid by the City it ARTICLE 12 DUES DEDUCTION Section 1: Upon receipt of a lawfully executed written authorization form from an employee, the City agrees to deduct the current regular associated dues once each month and remit such deductions to the duly elected Treasurer of the PBA within fifteen (15) working days from the date of deduction. The PBA will notify the City, in writing, thirty (30) days prior to any change in the regular PBA dues structure. The employer is expressly prohibited from any involvements in the collection of fines, penalties or special assessments and shall not honor any request of this nature other than for association dues. Section 2: Any employee may at any time, revoke his dues deduction and shall submit revocation form to the City's Finance Department with a copy to the Association. Section 3: The PBA agrees to pay to the City one - hundred (100) dollars per year to cover administrative costs and changes. The amount will be deducted annually from the first remittance in January. Section 4: The PBA agrees to provide necessary Dues Deduction Authorization forms and Notice to Stop Dues Deduction forms for its members. These forms shall read as follows: AUTHORIZATION CARD FOR DEDUCTION OF PBA DUES I hereby authorized the City of Palm Beach Gardens to deduct from my wages each month the current regular monthly PBA dues and to transmit this amount to the Treasurer of the Palm Beach County Police Benevolent Association. DATE: NAME: ADDRESS: SIGNATURE: 12 INSTRUCTION TO STOP PAYROLL DEDUCTION OF PBA DUES: I hereby instruct the City of Palm Beach Gardens to stop deducting from my wages each month the current regular Monthly PBA dues of the Palm Beach County Police Benevolent Association. A copy of this revocation has been forwarded to the Treasurer of the PBA. DATE: NAME: ADDRESS: SIGNATURE: Section 5: The PBA agrees to indemnify and hold the City harmless against any and all claims, suits, orders and judgments brought and issued against the City as a result of any action taken or not taken by the City on account of payroll deduction of PBA dues. 1rc3 ARTICLE 13 DURATION Section 1: This agreement shall be effective October 1, 1998, subject to ratification by the PBA and approval and appropriation of the necessary funds by the City Council of Palm Beach Gardens, Florida. This agreement shall continue in full force and effect from October 1, 1998 to September 30, 2001. Section 2: Should a successor agreement not be ratified by the PBA and approved by the City Council for the year beginning October 1, 2001, this agreement shall remain in full force and effect until replaced by a new agreement. 14 ARTICLE 14 FUNERAL EXPENSE Section 1: The City will provide for funeral and burial expense for members killed in the line of duty who are eligible for Statutory Death in Line of Duty benefits an additional benefit of $5,000 to be paid directly to the beneficiary of said member. 15 ARTICLE 15 GRIEVANCE AND ARBITRATION PROCEDURE Section 1: A grievance, as used in this agreement, is limited to a complaint or request of a bargaining unit member which involves the interpretation and application of, or compliance with, the provisions of this agreement. Section 2: Grievances concerning working conditions not specifically covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, arbitration. Section 3: In the event a grievance should arise as to the interpretation or the application of the terms of the agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. Any grievance not answered by the City within the time limits provided below will automatically advance to the next higher step of the grievance procedure. STEP 1. The aggrieved employee or an Association representative shall present the grievance or dispute in writing, setting forth the facts with particulars and the remedy sought, within ten (10) working days of its occurrence or knowledge thereof, to the Chief of Police. The Chief of Police shall reply in writing within ten (10) working days of receipt of the grievance or dispute. If the Chief of Police shall fail to respond in writing, the grievance is presumed to be denied and the employee may move to the next step. STEP 2. If no written reply has been made or if a written response has been made, and the aggrieved employee is dissatisfied, the aggrieved employee or the PBA representative may, within ten (10) working days of receipt of a reply or if none is submitted, present the grievance or dispute to the Director of Human Resources. The Director of Human Resources shall reply in writing within ten (10) working days of receipt of the grievance. If the Director of Human Resources shall fail to reply in writing, the grievance is presumed to be denied and the employee may move to the next step. STEP 3. If the Director of Human Resources replies and the aggrieved party or the PBA is dissatisfied, then the grievance may be submitted to the City Manager within ten (10) working days of receipt of the Director of Human Resources reply. The City Manager shall reply within ten (10) working days of receipt of the grievance: or dispute. If the City Manager shall fail to reply in writing, the grievance is presumed to be denied and the employee may move to the next step. STEP 4. If the grievance has not been settled by Steps 1 -3, either party, the PBA or the City may refer 16 it to arbitration within fifteen (15) days of receipt of the City Manager's reply. The PBA or the City will submit the matter to the Federal Mediation & Conciliation Services (FMCS) for selection in accordance with their procedures except where otherwise provided in this agreement. The arbitrator's decision shall be supported by substantial evidence on the record as a whole. The decision shall be in writing with a full statement of findings and reasons. The decision of the arbitrator shall be final and binding on the parties; provided that the arbitrator shall have no power to modify, amend, or alter this agreement. The expense of the arbitrator shall be borne by the parties. Section 4: By agreement of both parties, a meeting will be held at any step of the grievance procedure. Section 5: Expedited Arbitration All discharge grievances, and any other grievances mutually agreed upon for expedited processing, shall be arbitrated on an expedited basis. To accomplish this goal, the City and the PBA agree upon the following procedure for expedited cases. (1) The selection of an arbitrator must be completed within the time limits provided by the FMCS. Failure to do so will bar the untimely party from submitting its preference or choice of an arbitrator. (2) After an arbitrator has been selected, the arbitration hearing shall be held no later than thirty (30) days thereafter, unless the arbitrator is unavailable within this thirty (30) day period. (3) Briefs, if any, must be filed with the arbitrator no later than fifteen (15) days after the close of the hearing or after receipt of the transcript, if a transcript is requested. (4) The arbitrator must render an opinion within twenty (20) days of receipt of the briefs. Section 6: The PBA and the City shall each bear its own expense in the arbitration proceedings, except that both parties shall share equally the fee and other expenses of the arbitrator. Section 7: A probationary employee may not grieve any matter concerning assignment, or discharge. Section 8: Settlement of grievances prior to the issuance of an arbitration shall not constitute a precedent nor shall it constitute an admission that the Agreement has been violated. 17 ARTICLE 16 HOLIDAYS Section l: The official holidays to be observed by bargaining unit members shall be: New Years Day Martin Luther King's Day Good Friday Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Veteran's Day Christmas Day Washington's Birthday Section 2: Bargaining unit members shall also receive a personal day, which shall be requested in advance and taken any time during the calendar year (January 1 - December 31). The personal day is not considered an official holiday for overtime purposes. Section 3: An official holiday that falls on Saturday or Sunday shall be observed on that Saturday or Sunday by qualified employees whose regularly scheduled work week includes Saturday and/or Sunday as a day of work. Section 4: If an employee has credited time of forty (40) hours for the work week, excluding sick leave, disability leave, or leave without pay, the rate of pay for the employee whose services are required on an official holiday shall be: a day's pay for the holiday, plus one and one-,half (1.5) times the employee's straight time rate of pay. However, if the employee does not have credited time of forty (40) hours for the work week, any employee who shall be required to perform work on a holiday shall be compensated at straight time. Section 5: Employees who qualify to receive compensation for an official holiday without working on such holiday, shall be paid their regular straight time rate of pay for the day on which the holiday falls. Nothing set forth herein shall be construed as relieving the Chief of Police of his responsibilities for the performance of required functions. The Chief of Police shall determine which persons may be spared to observe a holiday. Section 6: Any holiday is to be considered as an eight (8) hour work day in the calculation of overtime. 18 ARTICLE 17 INCENTIVE PAY Section 1: The City, during the term of this agreement, shall continue to participate in the State Incentive Pay Program. 19 ARTICLE 18 INSURANCE BENEFITS Section 1: The City shall continue providing health insurance coverage at no cost to individual bargaining unit employees through September 30, 2001. Section 2: Employees who elect to maintain dependent coverage will contribute a portion of the cost of said coverage not to exceed $180.00 per month. The bargaining unit employees will contribute the same percentage toward the cost of dependent coverage that other non - management City employees are required to pay. Section 3: In the event that the City determines that there is to be a substantial benefit reduction, either party may request a reopener of this Article. PQC ARTICLE 19 LEAVE OF ABSENCE Section 1: Leaves of absence without pay for a period not to exceed six (6) months may be granted at the sole and exclusive discretion of the City Manager. Section 2: An officer who is a member of a military reserve unit and who must attend annual field training sessions is entitled to a leave of absence as provided by federal law. Upon presentation of military pay orders, the City will reimburse the employee for the differenc6 between his military pay for the annual training session and his regular rate of pay. An employee called to active duty will be treated in accordance with federal law. Section 3: An employee who is on duly authorized paid leave of absence will continue to maintain all benefits including seniority, longevity, and insurance benefits. Section 4: An employee who is on duly authorized unpaid leave of absence will not receive benefits for any month in which he has been on leave without pay for more than fifteen (15) calendar days. The employee may retain, at his own expense, his group insurance coverage during such period of unpaid leave. 21 ARTICLE 20 LEGAL BENEFITS Section 1: The City shall, upon timely notice by an employee, undertake the defense of any employee covered by this agreement against civil damage suits arising from and in connection with their employment. Section 2: The City shall indemnify all employees against judgements for compensatory damages rendered against an employee in a civil damage suit arising from and in connection with duties performed by the employee in the scope of their employment for the City provided that the employee has not engaged in gross negligence or intentional misconduct. The City shall not indemnify any employee against judgments rendered in civil suits which the City has not been given notice of and an opportunity to defend. Section 3: The employee shall give notice to the City during their tour of duty of all injuries or damage to persons or property, including the employee himself, incurred by or witnessed by the employee while the employee is on duty. Section 4: It shall be the duty of the employee to notify the City Manager's Office at first reasonable opportunity of being served with any civil action. Section 5: Failure to provide the notices required in Section 3 and 4 may result in disciplinary action, but shall not limit the City's obligation to provide defense and indemnification, provided reasonable notice is given and the City's opportunity to defend is not adversely affected. Section 6: The employee has the right to retain legal counsel of his choice at his own option and expense. The City shall make copies of discovery documents available to the employee at no cost to the employee, provided there is no disputed issue of liability between the City and the employee involved in the suit. 22 Section 1 Section 2 Section 3 Section 4 ARTICLE 21 LONGEVITY BENEFITS All bargaining unit members hired before October 1, 1991, who shall have completed their required years of service, indicated below, shall be entitled to a percentage increase in salary as follows: Years of Continuous Service 4 years 7 years 11 years 15 years 20 years Percentage Increase in Salary 2% 4% 6% 8% 10% Said percentage increases shall be added to base salary. Continuous service as indicated in Section 1, above, shall be defined as employment in the public or city service without break or interruption. Layoffs not exceeding one year, authorized military leave, educational leave, vacation or annual leave, sick leave, or other leave or lawful extension thereof, or reinstatement in accordance with this Agreement, shall not affect continuity of service. Longevity allowances for employees hired after September 30, 1991, shall be as follows: A. After completion of four (4) years service $300. B. After completion of seven (7) years service $600. C. After completion of eleven (11) years service $900. D. After completion of fifteen (15) years service $1200. E. After completion of twenty (20) years service $1500. Longevity shall not be calculated with the employee's base salary, but will be maintained as a separate benefit payable only on achievement of the specified anniversary date. Longevity payment shall be made at the end of the payroll period during which the anniversary date falls. 23 ARTICLE 22 MAINTENANCE OF CONDITIONS Section 1: All matters pertaining to terms of employment and working conditions guaranteed by law and written policy to employees within the bargaining unit shall apply to the extent that they are not in conflict with the provisions of this agreement. Section 2: Any written rule, regulations, policy or procedure affecting employees of the bargaining unit in effect prior to as well as those issued after the effective date of this agreement shall remain and be in full force and effect unless changed, modified or deleted by the employer or unless in conflict with any article or section of this agreement. 24 ARTICLE 23 MANAGEMENT RIGHTS Section 1: The Police Benevolent Association and the bargaining unit employees recognize that the City has the exclusive right to manage and direct the various departments of the City. Accordingly, the powers and authority which the City has not specifically abridged, delegated, or modified by the express provisions of this Agreement are retained by the City. Therefore, the City specifically, but not by way of limitation, reserves the exclusive right to determine the mission of the City and its various departments, divisions and other units of organization; set standards of service; establish and implement policies and procedures related to employment, promotions, position classification, discipline, transfer, assignment, and scheduling of employees; subcontract work; merge, consolidate, or close a department or any part thereof or expand, reduce, alter, combine, assign or cease any job; control the use of equipment and property of the City; fill any job on a temporary, emergency, or interim basis, determine the number, location and operations of headquarters, annexes, divisions, substations, and departments thereof; schedule and assign the work to the employees and determine the size and composition of the work force; formulate and implement departmental policy rules and regulations; and introduce new or improved services, maintenance procedures, materials, facilities, and equipment. If the City fails to exercise any one or more of the above functions from time to time, it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. Section 2: If, at the discretion of the City Manager, it is determined that civil emergency conditions exist, i.e., riot, civil disorder, or natural disaster, the provisions of this Agreement may be suspended for good cause by the City Manager during the time of such emergency, provided that wage rates and monetary fringe benefits shall not be suspended. 25 ARTICLE 24 NON- DISCRIIVIINATION Section 1: Neither the City nor the PBA shall discriminate against any employee covered by this Agreement in a manner which would violate any applicable laws because of race, creed, color, disability, national origin, age, sex, or marital status. Section 2: The City will not discriminate against any employee covered by this agreement because of membership or non - membership in the Association or authorized activity as required in this agreement on behalf of the members of the PBA. 26 ARTICLE 25 OFF DUTY/EXTRA DUTY EMPLOYMENT Section 1: No member of the bargaining unit may hold outside employment unless the Employee's written request for approval of such employment is recommended by the Police Chief and approved by the City Manager. The granting of such approval is expressly contingent upon the following: A. Assurance that the employee's City position is of primary importance. B. Consideration of the effect the outside employment may have upon the efficiency of the requesting employee; and C. Determination as to the compatibility of the outside employment with the City employment. D. Whenever the outside employment is in the nature of "Security Guard" type work, as determined by the City Manager, the employee providing to the City a certificate of insurance from the proposed outside employer (or from the Employee himself if such outside employment is to be done by said employee as an' independent contractor), the certificate of insurance must be approved and accepted by the City. In order to be acceptable, said certificate of insurance must prove that the employee and the City of Palm Beach Gardens are adequately insured against liability for any and all acts done by or caused by such employee while engaged in such outside employment, and that the employee and the City are adequately covered for any workers' compensation liability arising out of such outside employment. The above paragraph notwithstanding, the City does hereby reserve the right, at any time and at its sole discretion, to require any or all such future employers to contract directly with the City for such outside employment services (which are related to the employee's City job function). Payment to the City for such services shall be at a rate of $22 per hour for officers and $27 per hour for Sergeants and the outside employer shall make payments directly to the City. Upon receipt of such payment(s) by the City, the City shall pay the officer who performed such outside employment $20.00 per hour and the sergeant $25.00 per hour. All required deductions for social security and taxes shall also be made by the City prior to payment to the employee. In cases of such approved outside employment which is contracted through the City, no certificate of insurance shall be required from the outside employer. Such outside employment contracted through the City may include both temporary and long term outside employment, by.one or more such outside employers. All outside employment contracted through the City shall continue to be subjected to the conditions set forth in paragraphs A, B, and C above. 27 ARTICLE 25 - OFF DITTY EMPLOYMF,NT (Continued) Section 2: No member of the bargaining unit may work at any previously approved outside employment, nor at any future outside employment, while said member is on injury leave or restricted duty or for a workers' compensation injury, unless additional express approval for such outside employment is obtained by the member from the Police Chief and the City Manager, who shall take into consideration the recommendation(s) from the employee's physician and /or from the City Physician. 28 ARTICLE 26 PERSONNEL RECORDS Section 1: The City shall maintain all official personnel records in a central office hereafter known as the Human Resources Department and all records shall be kept confidential to the extent provided by law. Section 2: The name and photograph of a bargaining unit employee may be furnished to the news media in order to announce promotions or acts of exemplary service with the approval of the employee. Section 3: The City agrees that upon request and appointment, a bargaining unit employee shall have the right to inspect their official personnel record. Section 4: The City agrees that a member shall have the right to include in his official personnel record a written and signed refutation (including signed witness statements) of any material he considers to be detrimental. Section 5: All insertions, upon approval by the Human Resources Director, into a member's personnel file will remain a permanent part of the member's official personnel records. 29 ARTICLE 27 PHYSICAL EXANUNATION Section 1: Bargaining unit members shall receive an annual comprehensive physical examination, including X -rays and EKG. Said examination will be performed by the City Physician or another physician so designated by the City. Additional examinations, as so directed by the City Physician, will be provided if the annual examination so indicates a condition which might leave a bargaining unit member unfit to perform his normal duties. Section 2: The City shall provide all physical examinations during a bargaining unit member's on -duty time. 30 ARTICLE 28 PROBATIONARY PERIOD Section 1: All bargaining unit members including rehires shall be subject to the satisfactory completion of a twelve (12) month probationary period beginning on the date when hired with the City. All probationary employees, shall receive an employee evaluation on or near the midpoint of their probationary period. Section 2: The Chief of Police, with the City Manager's approval, may extend the probationary period for up to six (6) additional months for any employee in order to further evaluate performance or if mandatory educational requirements have not been met within the probationary period. Notification of extension of probation shall be provided in writing to the employee. Section 3: In order than a probationary employee attain regular status, the Chief of Police must notify the City Manager in writing that the employee's performance is satisfactory and he is to continue in the position. Section 4: Any decision involving assignments, layoff or dismissal of probationary employees is entirely within the discretion of the City. Such decision shall not be subject to the grievance procedure. However, the employee may grieve other alleged contractual violations during said probationary period. Section 5: All promotions shall have a probationary period of six (6) month, which can be extended an additional six (6) months. 31 ARTICLE 29 PROHIBITION OF STRIKES Section 1: No employee, PBA officer, or agent shall instigate, promote, sponsor or engage in any strike, slow down, concerted stoppage of work, or any other intentional interruption of the operations of the employer, regardless of the reason for doing so. Any and all employees who violate any of the provision of this Article may be discharged or otherwise disciplined by the employer. Section 2: In the event of a strike, slowdown, concerted stoppage of work, or other intentional interruption of the operations of the employer, regardless of the reason for doing so, the PBA shall direct an immediate action to the fullest extent of its power and influence to bring about a cessation of such activities. If the Union fulfills in good faith all of the obligations under this section, the City agrees that the Union will not be liable for any damages resulting thereafter. Section 3: The employee and the PBA individually and collectively, shall be liable for any damages which might be suffered by a public employer or other party affected as a result of a violation of the provisions of this Article. 32 ARTICLE 30 PROMOTIONS Section 1: When a budgeted Sergeant's or Lieutenant's position exists and is declared vacant by the City, appropriate notice shall be given. However, the City is not obligated to fill a vacant Sergeant's or Lieutenant's position. Section 2: The City will announce promotional examinations at least forty-five (45) days prior to the testing date. The City will also list the areas which the examination will cover, provide the sources from which the examination is drawn and make all such reference material available. Once a promotional list is established as a result of the competitive test, that promotional list will exist for twelve months (12) or until it is reduced to two or less candidates. Names of eligibles for Police Sergeant shall be removed from the eligibility list by any of the following: A. Appointment through certification from such list to fill a permanent position of Police Sergeant. B. Written statement by the eligible that he is not willing to accept appointment. C. Separation from the City service of an employee on a promotional list. Section 3: The City agrees to use only job related promotional examinations. Section 4: The City agrees that promotions within the bargaining unit shall be made in accordance with Department policy, which shall not be changed without mutual consent of the City and the PBA. Section 5: Selections for promotion will be made from the promotion register based on the rule of three. The Chief may select any officer from the top three candidates on the register, if the selection is not made from the top three, each officer who was rated higher than the one selected will be provided a written explanation as to why he was not promoted. The City may delay a promotion with respect to any person who is the subject of an active criminal or internal investigation. Section 6: All promotions shall have a probationary period of six (6) months. Section 7: The Chief of Police, with the City Manager's approval, may extend the probationary period for up to six (6) months for any employee in order to further evaluate performance, or if mandatory educational requirements have not been met within the probationary period. Notification of extension of probation shall be provided to the employee in writing, with the reason for extension attached thereto. Section 8: To attain regular status, the Chief of Police must notify the City Manager in writing that the Lieutenant's performance is satisfactory, and he /she is to continue in the position. Section 9: A member who does not successfully complete the probationary period will returned to the rank of Sergeant in the pay range at which he /she would be had they not been promoted. 33 ARTICLE 31 RECALL PAY Section 1: Any employee called to duty prior to the start of his assigned shift or recalled to duty after having left for the day, will receive a minimum (3) hours pay at one and one -half (1.5) the regular rate of pay. Section 2: For the purposes of this section, "Recall' is defined as any duty, detail, or response to a lawful order which requires an employee to return to work after already completing his assigned shift or being called to duty on his regularly scheduled day off or prior to the start of his assigned shift. This provision shall not apply to an officer held over from his assigned tour of duty. The above mentioned hours will be calculated at a rate of one and one -half (1.5) times his base rate pay under the FLSA. There shall be no pyramiding of recall guarantees. This section shall not apply to court time. 34 ARTICLE 32 SALARIES Section 1: The following salary plan shall take effect on October 1, 1998, and continue through September 30, 2001: Police Officer Step 1 Step 2 Step 3 32,805 Step 4 34,446 Step 5 36,168 Step 6 37,976 Step 7 39,877 Step 8 41,871 98/99 99/00 00/01 Police Officer: Minimum: 30,000 Maximum: 45,000 46,000 47,000 Sergeant: Minimum: 39,000 Maximum: 53,000 54,000 55,000 The only steps currently in use for police officers are 3 -8. Effective October 1, 1998, all officers and sergeants shall receive a 5% base salary increase. All officers hired after March 1, 1996, shall receive a salary increase of 0 -6% based upon merit, following a performance review on their respective anniversary date beginning October 1, 1999. All officers who have been at Step 8, (41,871), for at least one year shall receive a merit increase of 0- 6% following a performance review on their respective anniversary date beginning October 1, 1999. Members who have reached the maximum salary for their position shall receive merit increases in the form of a cash bonus.(salary disbursement). All W -2 earnings shall be included for the purpose of pension calculations. A. Effective October 1, 1998, the following salary range shall take effect. Communications Operators: Minimum: 23,000 Maximum: 32,000 35 ARTICLE 32 - SALARIES (Continued) The designation of lead operator shall be a position made solely at the descretion of the Chief of Police, and shall not be considered as a promotion for purposes of this agreement. However, based upon additional responsibilities assigned to the position, anyone serving as a lead operator shall receive a 5% base salary increase while working in that capacity. Effective contract year 1998/99, all communication and lead operators shall receive salary adjustments based upon their current position within the salary plan, which shall be retroactive to October 1, 1998, utilizing an amount of seven hundred dollars for each year of service as a communication operator, and shall serve as a one time adjustment due to the increase in the minimum salary. All communication and lead operators shall receive a salary increase of 0 -6% based upon merit, folowing a performance review on their respective anniversary date beginning October 1, 1999. Members who have reached the maximum salary for their position shall receive merit increases in the form of a cash bonus. Section 2: Effective October 1, 1999 all Bargaining Unit Members currently at steps 3 -7 shall progress within the salary plan to the next step on their employment anniversary date, or in the case of sergeants, their promotional anniversary date, upon satisfactory review by the department head and the supervisor. Bargaining Unit Members shall not exceed the maximum within the salary plan. Any pay increase shall become effective the first full pay period following the anniversary date and shall not be retroactive. Section 3: The Chief of Police, with the concurrence of the City Manager, shall have the authority to employ an experienced police officer or communications operator 5% above the minimum salary range for their respective positions. Section 4: Any Bargaining Unit member promoted to a higher rank (Police Officer to Sergeant) will initially be paid at the starting rate for that classification, or a five percent (5 1/o) raise, whichever is greater. Section 5: Any Bargaining Unit member that is assigned to the Detective Bureau shall receive a $650.00 clothing allowance. Said clothing allowance will be paid in increments of $325.00 during the first pay period following January 1 and July 1 of each calendar year. Upon reassignment from the Detective Bureau, the clothing allowance shall cease. No transfer shall take place for punitive reasons. Section 6: Any Bargaining Unit member assigned as a Field Training Officer by the Chief of Police shall receive eight (8) hours compensatory time for each 40 hours of supervised training. The training time shall not be prorated. Section 7: Any Bargaining Unit member assigned to the midnight shift shall receive an additional two (2) hours compensatory time per pay period. Section 8: Any Bargaining Unit members hired after March 1, 1996 shall not be part of the existing step plan. Bargaining unit members currently progressing through the step plan will continue to do so ARTICLE 32 - SALARIES (Continued) 36 until the last step is reached. All new hires and officers no longer paid under the step plan as of October 1, 1996 shall be compensated pursuant to the merit plan which shall be in effect beginning October 1, 1999. Members currently within the step plan shall proceed as outlined in the collective bargaining agreement. 37 ARTICLE 33 SAVINGS CLAUSE Section 1: If any article or. section of this agreement should be found invalid, unlawful, or not enforceable, by reason of any existing or subsequently enacted legislation or by judicial authority, all other articles and sections of this agreement shall remain in full force and effect for the duration of this agreement. Section 2: In the event of invalidation of any article or section, both the City and the PBA agree to meet within thirty (30) days of such determination for the purpose of arriving at a mutually satisfactory replacement for such article or section. 38 ARTICLE 34 SENIORITY Section 1: Seniority shall consist of continuous accumulated paid service with the Department and shall be computed from the time of appointment. Seniority shall accumulate during absence because of illness, injury, vacation, military leave, or other authorized leave. Section 2: The City agrees that seniority shall govern the following matters: 1. Whenever practicable, vacations for each calendar shall be drawn by employees on the basis of seniority in rank. 2. In the event of a lay -off for any reason, employees shall be laid off in the inverse order of their seniority. Such lay -offs will be accomplished within the established rank structure. 3. Employees shall be called back from lay -off according to their seniority. Such call backs will be accomplished within the established rank structure in Section 2 - 2. 4. Such actions will incorporate a certified letter, to the employee who will specify a thirty (30) day time limit for reply as to whether or not he wishes to be considered for his old position. In any event, no position will be held open longer than thirty (30) days after the receipt of the certified letter advising that his old position is being held for him. 5. Lay -offs will follow the procedure outlined in the City's Personnel Program. Section 3: Employees shall lose their seniority as a result of the following: 1. Termination 2. Retirement 3. Resignation 4. Unjustified absence for more than five (5) work days. 5. Failure to report to the City Manager's Office intention of returning to work, within thirty (30) days of receipt of recall, as verified by Certified Mail, Return Receipt. 6. Failure to report from Military Leave within the time limits prescribed by law. 39 ARTICLE 35 SICK LEAVE Section 1: The City has the right to expect regular and dependable attendance from its employees. Sick leave is provided by the City as a form of economic security, and is not to be considered a right which an employee may use for purposes other than bonafide personal illness, injury, doctor's appointments, legal quarantine, or sickness or injury within the immediate family living in the employee's household. Employees claiming sick leave except for the reason stated above, or claiming sick leave to the extent that the amount of absence becomes an abuse of the sick leave benefit shall be subject to disciplinary action. Section 2: A qualified regular employee shall accumulate sick leave at the rate of eight (8) hours per month during continuous service. Section 3: A maximum of eight- hundred (800) hours sick leave time may be accumulated and maintained. After the 800 -hour maximum has been reached, sick leave will not again accumulate until the employee has been charged with sick leave. Section 4: Separation from employment of the City shall cancel all accumulated sick leave, except by retirement or resignation in good standing after completion of five (5) years of continuous service. A retiring employee or an employee resigning in good standing after the completion of five (5) years of continuous service, shall be entitled to compensation for accumulated sick leave at the rate of one (1) hour's pay, at his current rate of pay, for each two (2) hours earned, but not taken; or computation of retirement date reduced eight (8) hours per each eight (8) hours sick leave earned, but not taken, the choice to be that of the employee. Section 5: Section 6: A. Sick leave of more than three (3) consecutive regular work week days shall require a physician's certificate if deemed necessary by the Chief of Police and/or City Manager. B. An employee may be granted sick leave beyond that which they have accumulated at the discretion of and with the approval of the City Manager when, in his opinion, such approval shall be in the best interest of the City. A. Sick leave abuse is unacceptable and shall result in disciplinary action. Sick leave shall be used only in case of actual illness, injury and/or incapacity; to include serious illness or injury of a member of the employee's immediate family residing in his household. Section 7. An employee absent on sick leave shall inform an on -duty supervisor at least one -half hour prior to his regularly scheduled reporting time of his absence, the specific reason therefor, and where (phone number and address) he will be while on sick leave. This address and phone number will be updated whenever the address or phone number changes during the period of sick leave. Failure to do so may be the cause for denial of sick leave with pay for the period of absence and other disciplinary action. The Chief of Police or City Manager shall make such investigations and reviews as they may feel are necessary. 40 Section 8: Sick leave shall be reported on the current payroll, and in addition, on the form provided for Administration review and approval. Section 9: Any bargaining unit member who has accumulated sick time in excess of 84 hours as of December 1 st of each year will be allowed to turn in the additional hours in excess of 84 for 50% of the value of each hour. However, the pay for sick time that is reimbursed within any one year shall not exceed 50% of 84 hours. 41 See attached city policy. ARTICLE 36 SUBSTANCE USE AND TESTING 42 ARTICLE 37 TERIVIINATION Section 1: Any bargaining unit member who submits his resignation will be permitted to continue his employment for the one (1) week notice period or be paid for the one (1) week in lieu thereof at the discretion of the Chief of Police. No sick leave will be paid for any employee who has given notice of resignation, except as provided in Article 37, Section 4, unless substantiated by a doctor's statement. 43 ARTICLE 38 MEMO MI Section 1: Whenever required, as so determined by the Chief of Police and within budgetary limitations, newly promoted officers will be afforded training to assist in preparing them for their new roles. Section 2: The parties acknowledge that not all police officers require an expertise in the use of the variety of police equipment utilized in law enforcement activities and agree that other training may be initiated to provide bargaining unit members with the background to do their job in a competent manner when so determined by the Chief of Police. Section 3: The City agrees that training and field training shall be made in accordance with Department policy. 44 ARTICLE 39 TRAVEL ALLOWANCE Section 1: Privately owned vehicles may be used by bargaining unit members on official City business if authorized by the Chief of Police. Whenever travel by a privately owned vehicle is authorized, the bargaining unit member shall be entitled to a mileage allowance of twenty-five (25) cents per mile. Section 2: The City shall pay travel expenses in accordance with City policy for bargaining unit members while performing any Department directed activity overnight or outside of Palm Beach County. 45 See attached city policy. ARTICLE 40 HIGHER EDUCATION - TUITION REIlVIBURSEMENT 46 ARTICLE 41 UNIFORMS AND EQUIPMENT Section 1: The City shall furnish to all bargaining unit members who are required to wear such uniforms in the performance of their duties and agrees to replace unserviceable uniforms as required. Section 2: Any uniform or related equipment initially supplied by the City, which is damaged or destroyed while an officer is acting in the performance of his official duties, shall be replaced by the City at no cost to the officer, provided the same is not the result of his negligence. Such claim of loss must be supported with reasonable proof and shall be subject to the approval of the Chief of Police or his designated representative. Section 3: It shall be the responsibility of each officer to check any vehicle which has been assigned to him to assure it is in safe operating condition prior to use or operation. All employees are to report any suspected unsafe condition to their immediate supervisor. Section 4: The City agrees to provide a uniform and clothing allowance for bargaining unit members as follows: A. 1. Uniformed bargaining unit members shall receive $70.00 per month for uniform maintenance. Uniformed bargaining unit members shall be provided up to a maximum of five (5) shirts and five (5) pairs of pants. 2. Communications personnel shall receive $40.00 per month for uniform maintenance. B. A bargaining unit member on leave without pay, disability leave, workers compensation leave, or excused from wearing a uniform for 15 or more calendar days in a calendar month will not receive the uniform maintenance allowance for that month. C. Uniforms and equipment lost or damaged beyond repair in the line of duty shall be replaced by the City at no cost to the employee. D. Replacement of uniforms and equipment lost or damaged through the employee's negligence will be replaced by the employee, however may result in disciplinary action. E. Cost for repair or replacement of watches or prescription eyeglasses or sunglasses damaged or destroyed while in the course of duty will be paid by the City at a cost not to exceed one hundred fifty ($150.00) dollars per item of a like kind. Section 5: The City will provide officers with a two -way portable radio for use while away from their patrol vehicle. Section 6. A. A shoe allowance of eighty ($80.00) dollars shall be paid to each sworn member of the bargaining unit, effective January 1, 1993. 47 ARTICLE 41- UNIFORMS AND EQUIPMENT (Continued) Section 7: In accordance with Department policy, the City shall provide each sworn officer with a bulletproof vest, however, it shall be just cause for disciplinary action if an officer provided a vest does not wear it while on duty. Section 8: All employees who are provided with uniforms or work clothing, as set forth above, are required to wear these uniforms and work clothing and report to work with them being clean and neat in appearance, unless this requirement is expressly waived by the City. Section 9: All items as provided above, including protective clothing and protective devices, remain the property of the City and are only to be used in accordance with the Departmental work rules. Upon separation, all items, other than those worn out through normal use, must be returned (or paid for) by the employee before their final paycheck will be issued. 48 ARTICLE 42 VACATION LEAVE Section 1: Vacation leave is a benefit, the sole purpose of which is to grant the employee time off with pay- Section 2: Eligible members of the bargaining unit shall be granted vacation leave in compliance with and subject to the following provisions and conditions: 0 - 4 years continuous service 5 - 8 years continuous service 9 - 12 years continuous service 13 - 16 years continuous service 17 - 20 years continuous service Over 20 years continuous service 8 hours per month 10 hours per month 12 hours per month 14 hours per month 16 hours per month 20 hours per month Vacation time will be credited to the employee's account, effective the first day of each month for the preceding month. New -hire probationary employees shall not receive vacation leave; having satisfactorily completed the probationary period, employees shall be credited with retroactive vacation time for that period. A probationary employee who does not satisfactorily complete probation is not eligible to receive payment for accrued leave. Section 3: Vacation leave time may be accrued to a maximum of 240 hours. Section 4: Earned vacation leave shall be scheduled by the Chief of Police for the ensuing calendar year in such manner as to give preference first to supervisory employees, and second, to those employees with greater seniority, without permitting under staffing of his department at any time; said vacation schedule shall be approved by the Chief of Police and City Manager. The scheduled time of vacation leave cannot be changed without the approval of the Chief of Police and City Manager Section 5: A bargaining unit member on disability leave, or leave without pay for more than fifteen (15) calendar days shall not be credited with vacation leave for that period. Section 6: If the day on which an official holiday is observed, as designed in Article 32 - Holidays, of this contract, shall fall within the period of vacation leave being taken by an employee, it shall not be charged to their vacation leave. Section 7: Vacation leave shall be reported on the current payroll, and in addition, on the form provided for Administration review and approval. Section 8: Pay in lieu of vacation leave shall be authorized upon written request by a bargaining unit member up to a maximum of forty (40) hours per calendar year. 49 ARTICLE 43 WORKER'S COMPENSATION AND DISABILITY LEAVE Section l: Job - Related Injury: A. The City will carry Worker's Compensation coverage for all employees covered by this Agreement. The City agrees to pay the premium for said coverage. B. When an employee is absent from duty because of an injury determined to be compensable under the provision of the Worker's Compensation Act, he shall be entitled to full pay less any benefit under the Worker's Compensation Act for up to the first thirteen (13) weeks following the injury. However, if benefits required by state law exceed this, he shall be compensated accordingly. Section 2: Non -Job Related Illness or Injury: A. Any bargaining unit member with the City who is absent from work due to sickness or injury after fourteen (14) consecutive days is eligible for disability pay. For each separate illness or injury and upon receipt of a disability claim form completed by the treating physician, the employee will be paid at 60% of base salary for a period of up to and not to exceed twenty- six (26) weeks. No more than twenty-six (26) weeks' disability will be paid for any one illness or injury within the one (1) year period following the date the disability began. The employee may, at his choice, exhaust all sick leave before applying for disability pay. B. Upon request of the City Manager, a doctor's certification must be submitted to the City every three weeks if the employee is unable to perform light duty or normal duty in order for the employee to continue to receive sick leave or disability pay. The sickness or injury cannot be in connection with worker's compensation, self - inflicted injury, nor related to off - duty employment. C. An individual requiring time off for childbearing shall be subject to the same benefits and restrictions as for any other disability. D. Any member receiving medical treatment over an extended period of time for an illness or injury may be required to provide a physician's written diagnosis, prognosis, approximate date of recovery, and statement that the employee is physically fit to perform the job duties required in the capacity for which he is currently employed. Based on the information received from the physician, or failure to provide requested information may result in reclassification as to duty status. Section 3: When so directed by the City, any employee out of work or released for light duty work under the provision of this article shall present himself for a medical examination. The City will bear the full expense of said examination. The failure of such employee to present himself for an examination as directed will operate to automatically terminate any payments under this Article. Section 4: Whenever an employee out of work due to an illness or injury becomes physically able to perform some useful light duty work for the Department, he may be required to do so as a condition to receiving benefits under this Article. An employee assigned to light duty shall not receive out -of- classification pay. 50 Section 5: Any employee who is able to work after a illness or injury shall be reinstated to his former job, provided he is physically qualified to perform all of the duties and responsibilities of his previous position. Such statement shall be certified by a medical doctor prior to the employee returning to work. If he is unable to assume his former responsibilities, the employee shall have first preference to fill another Department position, if a vacancy occurs, and the employee qualifies for such position. Section 6: The employee shall be subject to termination after completion of 26 weeks of disability or Worker's Compensation. The determination shall be at the discretion of the Chief of Police and confirmed by the City Manager. 51 ARTICLE 44 WORKWEEK AND OVERTIME Section 1:, It is hereby agreed that no bargaining unit member shall be required to remain on duty for more than forty (40) hours in any calendar week unless extra hours of duty are deemed necessary by the Chief of Police and additional compensation shall be paid at the rate of one -and one -half (1.5) times the employee's regular rate of pay. Bargaining unit members may elect compensatory time off in lieu of compensation at the rate of one and one -half (1.5) hours for each hour overtime worked, subject to a maximum accrual of one - hundred -twenty (120) hours compensatory time. Section 2: Bargaining unit members will work a forty (40) hour work week. The City will establish the hours of work best suited to meet the needs of the department to provide superior service to the community. Section 3: Overtime pay when so granted will normally be contained in the bargaining unit member's next regular paycheck following the time worked. Compensatory time will be requested in advance and approved in the same manner as vacation leave. Section 4: The City will establish the hours or work best suited to meet the needs of the department to provide superior service to the community, but agrees that work schedules will not intentionally be changed or altered to avoid the payment of overtime. Section 5: Whenever a shift rotation occurs, no bargaining unit employee shall be forced to work a continuous shift. Bargaining unit employees rotating from the evening or midnight shifts will be entitled to at least eight (8) hours of off -duty before returning to work. Section 6: Bargaining unit members will be given adequate notice of any change in their regular shift except where an emergency exists. Bargaining unit members required to work beyond their regular duty hours during a riot, hurricane, or emergency condition will receive either compensatory time or overtime according to the FLSA. Section 7: The City agrees that bargaining unit members will be compensated off -duty training at the regular hourly rate when required by the Chief of Police to attend training. Actual hours spent on off - duty training will be counted toward the accumulation of hours under the FSLA. Section 8: All bargaining unit members are expected to report to work on time, prepared to begin their assigned duties. Failure to do so shall result in disciplinary action. Section 9: The City recognizes that unusual circumstances may require that a bargaining unit member may find it necessary to request a change of his scheduled shift. Without obligating the City to pay overtime, bargaining unit members may work for or change shifts with another bargaining unit member performing similar duties. Such determination of duty compatibility and approval shall rest with the Chief of Police or his designated representative. No reasonable request will be denied. Section 10: Compensation for overtime work in excess of 40 hours per week, excluding sick leave, shall be at the rate of one and one -half (1.5) the employee's regular rate of pay. 52 ARTICLE 45 HAZARDOUS DUTY BENEFIT The City agrees that any member assigned to ride a two wheel motorized vehicle shall, while so assigned, receive $25.00 per week in addition to his regular salary. 53 SIGNATURE PAGE In WITNESS WHEREOF, the parties have executed this agreement on the of 1998. FOR THE CITY OF PALM BEACH GARDENS Bobbie Herakovich, City Manager Joseph R. Russo, Mayor FOR THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION Ernest W. George, President PBA Representative PBA Representative Ratified by the City of Palm Gardens on the day of 11998. Ratified by the PBA on the day of 1998. Confirmed by: Joseph R. Russo, Mayor Linda Kosier, City Clerk Confirmed by: Ernest W. George, President 54 day CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: July 15, 1999 Subject/Agenda Item: Public Hearing: Notice of Proposed Change (NOPC) to the Regional Center Development of Regional Impact (Conversion of Office to Commercial Use) Recommendation /Motion: Staff recommends that the City Council postpone consideration of this petition and continue the Dublic hearing until the August 5th meetinq. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Total City Attorney N/A Planning Div. [ ] Approved $ 0 [ ] Approved w/ conditions Other N/A Current FY [ ]Denied Advertised: Date: Funding Source: [ ] Operating [ ] Continued to: Attachments: June 2, 1999 staff report [ ] Other N/A Paper: Palm Beach Post [ ] Not Required Submitted by: Growth Mgt. Director Affected parties [ x ] Notified: Budget Acct. #: [ ] None Approved by: surrounding property owners City Manager [ ] Not required I. REQUEST Hank Skokowski, agent for Mall Properties, Ltd, is requesting an amendment to the Regional Center Development of Regional Impact Development Order (and PCD) to convert approved office use to commercial use. The project is located north of PGA Boulevard, east of Alternate A1A, and west of Prosperity Farms Road. (5, 6- 42S -43E) Petition DRI -99 -02 July 15, 1999 Page 2 SUBJECT SITE: Regional Center 'PCD /DRI II. BACKGROUND The 458 -acre Regional Center project was originally approved as a Development of Regional Impact (DRI) in 1984. There have been three revisions to the development order since its original approval which occurred in 1984, 1986 and 1994. There is a fourth revision in progress to resolve an open space issue. It continues as a mixed -use project with regional uses. Uses include the Gardens Mall, Mira Flores apartments, Mediplex Medical Mall and other office buildings. Petition DRI -99 -02 July 15, 1999 Page 3 III. PROPOSED CHANGE The petitioner has acquired vacant parcels as a result of the Foundation land sales and desires to construct/locate additional commercial uses within the project. Currently, the Gardens Mall has utilized the entire 1,390,000 s.f. of commercial use approved by the development order. The applicant is proposing to convert 118,200 s.f. of approved officeibusiness use to 50,000 s.f. of commercial use, thereby increasing the total amount of regional commercial use within the project from 1,390,000 to 1,440,000 s.f. and reducing the total amount of office/business use from 1,210,000 to 1,091,800 s.f. Further, the master plan is being revised to depict the specific parcels which may be considered for commercial use. These parcels are generally oriented towards PGA Boulevard, but includes the parcel located at the juncture of Kew Gardens Avenue and Gardens Parkway also. The applicant is also clarifying the master plan by denoting the approved neighborhood commercial and cultural arts uses within the tabular data. IV. STAFF CONSIDERATION$ The proposed change is presumed to constitute a substantial deviation to the DRI. The applicant has not yet effectively rebutted this presumption at this time, however, additional information is forthcoming from the petitioner. The petitioner is arguing that there are no additional impacts in the conversion of office to commercial use based on traffic equivalency, however, the City Engineer has found an issue, consistent with that of FDOT, due to use of outdated traffic volumes in the traffic study. The petitioner has been requested to modify the traffic analysis. Staff is concerned that new commercial uses will change the character of the Regional Center. The City has made an effort over the years to keep the project from becoming similar to other malls in the area which are lined with outparcels containing restaurants and "big box" or discount retailers. While the provisions of the PGA Overlay will apply, this amendment to the DRI makes the code applicable to the project, staff is not confident that those provision alone will maintain the integrity of the Regional Center project and keep it consistent with the City's vision for PGA Boulevard. Petition DRI -99 -02 July 15, 1999 Page 4 V, STAFF PXCOMMENDA TION Traffic issues have not been resolved to satisfactorily demonstrate that this petition is not a substantial deviation to the DRI. Staff recommends that the public hearing be continued until the August Stn meeting. PREPARED BY, THE BANKERSCOMPANY THE REGIONAL CENTER PALM BEACH GARDENS, FLORIDA G O U EXHIBIT GENERAL LOCATION A PILES N 0 t : 4 DATE FEB. 1982 REV CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: July 15, 1999 Date Prepared: June 21, 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 approval of Resolution 72, 1999. Reviewed City Attome G�� Finance �/AN / A ACM (R Human Res. N/A Other N/A Submitted by: Growth Management Department Approved by: City Manager BACKGROUND: Originating Dept.: Costs: $ 0 Total Growth Management Department Advertised: Date: May 5, 1999 $ Q Current FY Funding Source: [ ] Operating Paper: Palm Beach Post [ ] Other N/A [ ] Not Required Affected parties Budget Acct. #:: [ X ] Notified [ ] Not required Council Action: [ ] Approved [ ] Approved w/condiUons [ ] Denied [ ] Continued to: Attachments: Resolution 72, 1999 [ ] None This hearing was continued from the July 15' 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 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 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 Agenda Cover Memorandum Page 2 July 15, 1999 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. The existing signs do not meet the following code requirements, as outlined in chapter 110 of the City's Land Development Regulations. The following chart illustrates this: I 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 1. Agenda Cover Memorandum July 15, 1999 Page 3 t 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, 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 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 JULY, 1999. ATTEST: LINDA V. KOSIER Ci JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. 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 I • I : i ■ ■ I ■ I ■ I : I I� •I II ■ I • Q - Z-4� V ..�..�..�...�.. ®............... U...0.■..00.■r...msm...M..WON Dss p S 7C= m �o m s om -r m D I I p Tj lJ i • • f� O N; CT O D Z 2 20N N C Zi .000, ■ � II I O' -C E I f" I : ■ W NORTHLAKE BLVD. (S.R. 809 -A) '. ULTMATE ROW 100' I i ■ ."Gardens Park Plaza f ; Palm .Beach Gardens, Florida i= xisting Ground Signs ■ (r Z; I �$' I i1 • mz ■ m0 mZ D. ■ I O N; CT O D Z 2 20N N C Zi .000, ■ � II I O' -C E I f" I : ■ W NORTHLAKE BLVD. (S.R. 809 -A) '. ULTMATE ROW 100' I i ■ ."Gardens Park Plaza f ; Palm .Beach Gardens, Florida i= xisting Ground Signs (r " CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 23, 1999 Date of Meeting: July 15, 1999 SUBJECT /AGENDA ITEM: Public Hearing /Second Reading: Petition TXT -99 -05 entitled "Automobile Dealerships ", a request by the City of Palm Beach Gardens Staff, to amend the City's Land Development Regulations to include the definition for "Automobile Dealerships" in Chapter 78 -2 of the City Code, and to create Chapter 118 -314 specifying the requirements and restrictions that shall accompany this use. RECOMMENDATIONNOTION: Staff recommends that City Council approve Ordinance 22, 1999. Reviewed by: (,�Q ')l Originating Dept.: Costs: $ Total Council Action: City Attorney 0� Growth Management [ ] Approved Finance NA ACM %) $ Current FY [ ] Approved w/ conditions [ ]Dented Human Res. NA Advertised: Other NA Funding Source: ( ] Continued to: Date: 6/30/99 ( ] Operating Attachments: Paper: The Palm [ ] Other Ordinance 22, 1999 Beach Post [ ] Not Required Submitted by: Growth Management Affected parties Budget Acct. #: Director City Residents and future developers [X] Notified on 6/30199 [ ] None Approved by: City Manager [ ] Not required RATIONALE: Staff is requesting that the City amend its Land Development Regulations to allow for the regulation of automobile dealerships. Currently, the only section of the City Code that addresses automobile dealerships is Section 118 -246 (Chart of Permitted and Conditional Uses), which limits automobile and truck sales to areas zoned Intensive Commercial (CG- 2). Furthermore, the City Code prohibits outdoor sales; therefore an automobile dealership in the City would have to be totally enclosed. This amendment will enable the City to require a specific lot size for automobile dealerships, and will also provide criteria enabling the City to regulate the following: - repairs and maintenance (including paint and body) - off - loading vehicles - fencing and screening - displays - testing - parking - exterior lighting - security - industrial vehicles - storage This proposed amendment stems from inquiries received by Staff regarding automobile dealerships and the requirements for this use in the City. LAND DEVELOPMENT REGULATIONS COMMISSION: The consistency of this petition with the City's Comprehensive Plan was evaluated by the Planning and Zoning Commission sitting as the Land Development Regulations Commission at their March 23, 1999 meeting. The Commission found this petition to be consistent with the Comprehensive Plan. PLANNING & ZONING COMMISSION - MARCH 23,1999: The Planning and Zoning Commission reviewed this petition at their March 23, 1999 meeting. Staff had proposed strict regulation of automobile dealerships in the City, and included restrictions regarding business operations in the interior of a proposed automobile dealership site. These restrictions covered the use of display rooms, .repairs and maintenance, loudspeakers, off - loading of vehicles, and displays. The Planning and Zoning Commission commented that they understood that Staff was trying to establish language in the Code that adequately addresses automobile dealerships, but the Commission felt that the proposed Code was too restrictive, and that sufficient screening would make many of the proposed restrictions unnecessary. The 14 Commission recommended that Staff revise the proposed ordinance by removing the items that would not affect the surrounding community because of the fencing /screening requirements being proposed. PLANNING & ZONING COMMISSION - April 13,1999: At their April 13, 1999 meeting, the Planning and Zoning Commission voted to indefinitely postpone the proposed text amendment, and its accompanying public hearing, so that it could be more adequately researched and revised. STAFF'S REVISIONS: The Growth Management Department revised the proposed ordinance by removing all language restricting display rooms, loudspeakers, and landscaping (already addressed in other sections of the code). Restrictions on repairs and maintenance, off - loading of vehicles, and displays were also reduced. Finally, the proposed code language covering fencing and screening was revised so that there would be a six (6) foot high wall surrounding a proposed site where it faces a residential zone or a public street. Property lines that do not face a residential zone or a public street may have a six (6) foot high chain link safety fence (with a minimum of 75 % opacity) or a wall that is six (6) feet in height. PLANNING & ZONING COMMISSION RECOMMENDATION (May 25,1999): This petition was heard by the Planning and Zoning Commission on May 25, 1999 as a recommendation to City Council. With a 7 - 0 vote, the Commission recommended APPROVAL of petition TXT- 99 -05, a request to amend the City's Land Development Regulations to include the definition for "Automobile Dealerships" in Chapter 78 -2 of the City Code, and to create Chapter 118 -314 specifying the requirements and restrictions that shall accompany this use. CITY COUNCIL WORKSHOP /FIRST READING — JUNE 17,1999: City Council reviewed petition TXT -99 -05 on June 17, 1999, and unanimously passed the petition on first reading. A member of the public who is an attorney representing several auto dealerships voiced several questions and concerns with the new ordinance. The Council directed him to present his suggestions to Staff. This attorney explained in a phone conversation on Wednesday, June 23, 1999, that he had two (2) primary concerns regarding the proposed ordinance. First of all, he felt that the parking requirement that accounts for the number of employees (at greatest shift) is unnecessary because of the other parking requirements. Staff however, feels that this is a small requirement that will help to guarantee that the site will have sufficient parking available. Secondly, the attorney felt that the requirement for a six (6) foot wall along any property line that faces a residential area or a right -of -way is too restrictive. However, a 6 -foot wall is already required by code for commercial development that abuts a residential 3 area. Furthermore, Staff feels that such an intensive use as an automobile dealership needs to be properly screened with a 6 -foot wall along rights -of -way. STAFF RECOMMENDATION: The Growth Management Department recommends that Ordinance 22, 1999 (attached) be approved, thereby more clearly regulating automobile dealerships in the City, and protecting the health and welfare of the City residents by limiting where and how these businesses can operate within the City. g /short: txtauto.cc2.doc /jl 4 June 23, 1999 ORDINANCE 22, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF SECTION 78 -2 OF THE CODE OF ORDINANCES, ENTITLED "DEFINITIONS ", BY ADDING A DEFINITION OF "AUTOMOBILE DEALERSHIPS "; PROVIDING FOR AN AMENDMENT TO ARTICLE V, SUPPLEMENTARY DISTRICT REGULATIONS, OF SECTION 118, ZONING, IN THE CITY OF PALM BEACH GARDENS CODE OF ORDINANCES, TO CREATE SECTION 118 -314, ENTITLED "AUTOMOBILE DEALERSHIPS "; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, has determined that specific requirements and procedures are needed to address the existence and daily operations of automobile dealerships in the City. WHEREAS, the Planning and Zoning Commission, sitting as the Land Development Regulations Commission, found this petition to be consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA SECTION 1. Section 78 -2 of the City's Code of Ordinances, entitled "Definitions ", is hereby amended by amending or inserting, in alphabetical order, the following terms and definitions (added words underlined; deleted words Automobile Dealership means an establishment engaged in the lease and /or wholesale and /or retail sale, from the premises, df motorized vehicles or equipment (new or used), excluding industrial, agricultural, and recreational vehicles used for transportation or hauling, with or without incidental service or maintenance. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article V, Supplementary District Regulations, of Section 118, Zoning, of the City of Palm Beach Gardens Code of Ordinance, to create a section 118 -314 entitled "Automobile Dealerships" as follows: (a) Site. Automobile dealerships shall have a minimum of one (1) permanent building on site, that is used solely in connection with motor vehicle sales and /or leasing. Ordinance 22, 1999 Page 2 (b) Lot size. Minimum lot size for automobile dealerships shall be: minimum frontage of 125 feet; minimum lot depth of 200 feet; minimum lot width of 125 feet, or a minimum lot size of 3 acres. (c) Repairs and maintenance, including paint and body shop. All repair work shall be conducted at a distance of no less than 100 feet from any residential zone, and the service doors shall face away from any residential zone. Repair work shall not be visible from off -site, and the outside storage of disassembled vehicles and /or parts shall be prohibited. Any wash facilities on site shall be located at a minimum distance of 100 feet from any residential area. A wash facility must also use a City- approved water recycling system. Fuel pump islands shall not be visible from off -site, and shall be located at a minimum distance of 100 feet from any residential zone. (d) Off - loading vehicles. The off - loading of vehicles on site shall occur at a minimum distance of 100 feet from any residential zone. The vehicle off - loading area shall be designated, marked, and signed in a manner consistent with the City Code. The vehicle off - loading areas shall be a minimum of 15 feet in width and 60 feet in length, and shall be located in an area out of vehicular traffic circulation that includes a sufficient maneuvering area. Off - loading vehicles used to transport other vehicles shall not be stored or kept on- site for more than 24 hours. (e) Fencing and screening. All automobile dealerships shall have�a six (6) foot high wall surrounding the site where it abuts a residential zone or any right -of -way. Property lines that do not face a residential zone or right -of -way may have a six (6) foot high chain link safety fence (with a minimum of 75% opacity) or a wall that is six (6) feet in height. (f) Displays. No vehicles displayed on site shall be elevated in any manner from the ground or ground floor of a building. No vehicle on site shall be displayed in a right -of- way or driveway. If a specialized vehicular use area is utilized for display, a barrier approved by city staff shall separate the area in question from customer parking. (g) Testing. Test drives or demonstrations of sale or repaired vehicles shall not be conducted in residential zones. Ordinance 22, 1999 Page 3 (h) Parking. Parking requirements are as follows: 1 space for each 250 square feet of enclosed floor area, and 1 space for each 4,500 square feet of area on site excluding the buildings, and 1 space for each service bay, and 1 space per employee of the shift with the greatest amount of employees. NOTE: Vehicle storage, sales, or display areas shall not be counted toward meeting the parking requirements. (i) Exterior lighting. All exterior lighting shall not exceed 25 feet in height, shall be directed away from adjacent properties, shall be confined to the site, and shall not exceed the illumination standards for parking lots within the Code. (j) Security. When the facility is not open to the public, the parking area shall be gated and locked. (k) Storage. Storage of automobiles may occur on an approved parking surface as defined by this and other sections of the City Code of Ordinances. SECTION 3. The City Clerk is hereby directed to ensure that the contents of this ordinance be codified as part of the City Code of Ordinances. SECTION 4. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. SECTION 5. All Ordinances or parts thereof in conflict herewith are hereby repealed. SECTION 6. This Ordinance shall be effective upon adoption PLACED ON FIRST READING THIS 17TH DAY OF JUNE, 1999. PLACED ON SECOND READING THIS 15TH DAY OF JULY, 1999. PASSED AND ADOPTED THIS 15TH DAY OF JULY, 1999. MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK g /short: bctauto.or5.doc /jl Ordinance 22, 1999 Page 4 COUNCILMAN CARL SABATELLO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: July 15, 1999 Date Prepared: June 24, 1999 Subject /Agenda Item Ordinance 23, 1999 to amend Ordinance 20, 1997 — Christ Fellowship North (Public Hearing /Second Reading) Recommendation/Motion: Staff recommends approval of Ordinance 23, 1999 with four conditions of approval. Reviewed, by: &Ww CV0 Originating Dept.: Costs: $ Total Council Action: � City Attorn y o`E- t Growth Management [ ] Finance NA ACM -- r 441 ►►�"^^^"' $ Current FY [ ] Approved w/ conditions [ ] Denied Human Res. NA Advertised: Other NA Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper. [ ] Other Ordinance 23, 1999 Applicant letter, 5 -11 -99 Revised elevations [ ] Not Required Site plans Site detail sheet Submitted by: Growth N anagement Affected parties Budget Acct. #:: Director [ ] Notified { ] None Approved by: City Manager [ ] Not required REQUEST: Petition MISC- 99 -09, a request by Dave Gregg, agent for Palm.—Beach Gardens Christ Fellowship, Inc., for approval of minor amendments to the elevations of Buildings A, B and C and to the floor plan of Building A. (14- 42S -42E) Agenda Cover Memorandum July 15, 1999 Page 2 BACKGROUND: The Christ Fellowship Planned Unit Development (PUD) was approved by Ordinance 20, 1997 in November of 1997. Currently, the PUD is under construction. The applicant has made some minor design element changes to the elevations of Buildings A, B and C. Building A, formerly the Adult Education Building, will be designated as multi- purpose in use; Building B, formerly the Children's Education Building, will be primarily used for children activities, but is also considered multi - purpose in function; and Building C remains the main sanctuary REVIEW PROCESS: This is an amendment to a PUD, which requires approval by the City Council. The City Council reviews the request for consideration of approval or denial. The petition is not heard by the Development Review Committee or the Planning and Zoning Commission. LAND USE AND ZONING: The site is currently zoned Residential Low (RL3) with a Conditional, Use overlay. The land use designation is also Residential Low (RL). PROJECT DETAILS: Building A The applicant has changed Building A by changing the use from Adult Education to multi- purpose and by changing the floor plan. The square footage of the building and the footprint of the building remain the same as the Building Division originally approved them. The floor plan originally submitted to the Building Division contained a large food court, a chapel, and Bible study 'rooms. These two rooms have now been presented as one multi- purpose room. The applicant has presented a limit on the total number of people in the building at any one time. The larger room can contain a total of 244 people while the smaller room can contain a total of 208 people for a grand total of 452 people. This number is 35 less than what was originally approved by the Building Division (487). Note: City Council did not review the original floor plans of Building A and it was not included on the exhibit list of Ordinance 20, 1997. These changes, and the life safety codes, required some rearrangements of the windows and doorways in Building A. Building A was also changed by rearranging the window and door locations and by removing some decorative columns. Details of these changes are explained in the attached letter from Glenn Pate & Associates, which is dated May 11, .1999. Agenda Cover Memorandum July 15,1999 Page 3 Building B The former Children's Education building is now designated as Building B. Building B had some minor changes to the elevations, including the addition of a handicap ramp. See attached letter for a detailed explanation. Building C Building C is the main sanctuary. The applicant made various window and door changes to comply with Life Safety Codes. Decorative columns have returned to the original locations. Additional changes are detailed in the attached letter. Staff concerns Staff is concerned that Buildings A and B will be used for church services simultaneously with the main sanctuary, either live or with closed circuit television. Simultaneous services could have the effect of causing the site to exceed its approved capacity. Similarly, simultaneous service broadcasts from the north campus to the south campus could have the effect of exacerbating traffic problems on Northlake Boulevard. Therefore, staff is recommending conditions of approval forbidding simultaneous services, and the petitioner has agreed to these conditions. There have been no changes to the site plan or the landscape plan. Also, the pedestrian and traffic circulation patterns remain the same. The approved site plan (Sheet ASP -11) and site data for this project are attached as informational exhibits. Also attached is a reduced architectural site plan (Sheet SP -1) showing the revised building designations. Agenda Cover Memorandum Page 4 STAFF RECOMMENDATION: July 15,1999 Staff recommends approval of this petition with the following conditions which shall be applicable to the applicant, and its successors and/or assigns: 1. All of the conditions from Ordinance 20, 1997 shall remain in full force and effect. (Planning & Zoning) 2. Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs, or sermons conducted in the Sanctuary. (Code Enforcement) 3. Simultaneous broadcasts of presentations, programs, or sermons conducted in the Sanctuary to any remote location, on -site or off -site, shall be prohibited. (Code Enforcement) 4.., Building A shall be limited to a capacity of 452 people. (Code Enforcement) CITY COUNCIL MEETINGS: May 6, 1999 This petition was before the City Council as a workshop on May 6, 1999. The Council members did not approve of the elevation changes, primarily because they reduced the number of architectural elements. The applicant was asked to either return to the originally approved elevations or come back to the Council with better elevations. The applicant has responded by revising the changes. These changes include retaining most of the architectural elements that were originally approved and rearranging some windows and doors to accommodate mechanical equipment (see attached elevations). The changes are now confined to the minimum necessary to accommodate certain life safety and mechanical equipment issues. The Council was also very concerned about the capacity of, and potential uses of, Building A. The applicant has submitted a proposed floor plan, which is similar to the one which was submitted with the original architectural plan submission, and they have agreed to a limitation on the capacity of Building A to fewer people than were shown on that plan. June 3, 1999 The applicant requested postponement to the June 17, 1999 meeting due to the length of the agenda on June 3, 1999. Agenda Cover Memorandum July 15, 1999 Page 5 June 17, 1999 The applicant presented this petition before the City Council at their June 17, 1999 meeting as a workshop /first reading. The City Council discussed the amendment in depth, but added no changes to the conditions of approval. The City Council did require that the applicant submit a floor plan for Building B prior to final Council action. Staff has no new concerns and continues to recommend the above four conditions of approval. GAShort Range\MISC9909.CC3.doc April 26,1999 May 21,1999 June 24, 1999 ORDINANCE 23,1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN AMENDMENT TO ORDINANCE 20, 1997 TO PROVIDE FOR MINOR CHANGES IN THE ELEVATIONS AND FLOOR PLANS OF BUILDINGS A, B, AND C IN THE CHRIST FELLOWSHIP PLANNED UNIT DEVELOPMENT; 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 20, 1997 to provide for minor changes in the elevations of Buildings A, B and C and to the floor plan of Building A within the Christ Fellowship Planned Unit Development; and WHEREAS, Christ Fellowship was approved by Ordinance 20, 1997; and WHEREAS, the City's Growth Management Department has determined that this request is minor in nature; 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. 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 20, 1997 to provide for minor changes in the elevations and floor plans of Buildings A, B and C within the Christ Fellowship Planned Unit Development. SECTION 2. Said approval shall be subject to the following conditions, which shall be the responsibility of the applicant, its successors and/or assigns: 1. All of the conditions from Ordinance 20, 1997 shall remain in full force and effect. (Planning & Zoning) 2. Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs, or sermons conducted in the Sanctuary. (Code Enforcement) 3. Simultaneous broadcasts of presentations, programs, or sermons conducted in the Sanctuary to any remote location, on -site or off -site, shall be prohibited. (Code Enforcement) 4. Building A shall be limited to a capacity of 452 people. (Code Enforcement) SECTION 3. Said approval shall be consistent with plans and documents filed with the City's Growth Management Department as follows: 1. March 19, 1999 Architectural Site Plan, Glenn Pate & Associates, Sheet SP -l. 2. May 18, 1999 Building B Elevations (Children's. Education), Glenn Pate & Associates, Sheet A -1 3. May 1'8, 1999 Building A Floor Plan (Youth Ministry), Glenn Pate & Associates, Sheet A -2. 4. May 18, 1999 Building A Elevations, Glenn Pate & Associates, Sheet A -3. 5. May 18, 1999 Building C Elevations, Glenn Pate & Associates, Sheets A-4, A -5. 6. May 11, 1999 Letter from Glenn Pate & Associates. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 17`t' DAY OF June 1999. PLACED ON SECOND READING THIS DAY OF 1999. INTRODUCED, PASSED AND ADOPTED THIS DAY OF ATTEST: LINDA V. KOSIER VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT \W AINSERVER\ COMPRO(AShodRangc"SC9909.RE.doc '1999. 0 NME NN 0, O 2 �U O epresentatly of the Planning and Zoc;4ng e4ision 1HITOCTURAlm SITS f=LwAN 4 (D V m _TIC SITE : 4R0b6 Aj"L4160 19.81 ACRES OF%N dpA= 305,'109 SF. ( 353 • NOT INCLUDING GRASS PARKING LOCATIONS SECTION 14, TOU.NWIP 42 S, RANGE 42 E. PALM BEACH GARDENS, FLORIDA PARKING: d^ A" GMAC06% P AV= G Acm HAG. 6PAC06S TOTAL PAR1-M PROvm*0S Guad4a'I"RD Fygw- 4 RATIOS 1750 SEATS a In ZONING: PRESENT: REGlUESTI =D: �II.flING: HOUSE OF WORSHIP: C14ILDFZEN-5 EDUCATION: ADULT EDUCATION: TOTAL BUILDWS AREA: 683 203 to 904 SPACE TOTAL 815 PARKING SPACES PDT,. P.U.D. 55,689 SF. 16,118 SF. A 12,193 SR 85 ;00 SF. HOUSE of WOWAIP HEIGHTS: 26' a EAVES 34' -6' o MIDPOINT of ROOF 43'-0' c RJOOF RIDGE 82' -0' STEEPLE HT. Si te Data - MILITARY TRAIL PROJECT w U _+ 0 REVISIONS: Di li /1 /9"t Q11 /12/9-1 3� 01 /0V w /4� 05 /0l/ SO 01 /02/ W A 08 A0/ W t l� o�� e i Eo E - - `.■ E E - 8- E E =_:: -E - - PON a E E -a E:� -- E �a E E E- E0.: C E EE own, z cup - -- E �E wRu E El - CC -C 7 -- ICU �3 � r �L7 E r _ LF 4A if A, . ... ...... - _ - _ ji -__ �=- J2 nil fir all i I m r aD000 L U M, I (i I -Urn -11-1-11h r r T ------- C-1 1 1 44 C ❑ O , 6F.. r-1h IF A. iii if lot iii f' RY Is It. too -lei "ORMAK M10 it jj.,/ 1.1 1• 11--,p ..1 & ASSOCIATES, P.A. Architects Planners May 11, 1999 James K, Norquest City of Palm Beach Gardens — Principal Planner 10500 N. Military Trail Palm Beach Gardens, FL. 33401 Re: Christ Fellowship Church Dear Mr. Norquest: Please find attached floor -plans and. elevations depicting the minor necessary revisions required on Buildings A, B, and C of Palm Beach Gardens Christ Fellowship Church. Please note the revisions are necessary for either compliance to Life Safety Codes or Mechanical equipment rooms resulting from design requirements. For your convenience we have listed the revisions to each attached plan. In addition, we have stated the reasons for each of the revisions listed. Please be advised that the occupancy remains the same for Buildings A, B, and C as previously submitted. Building `A' South Elevation a. One (1) pr. 3' -0" x 7'-0" doors with sidelights changed to Two (2) pr. 3' -0 "x T- 0" doors with no sidelights — Additional Egress opening, required for Life Safety Compliance • East Elevation a. Two (2) 3'-0" x 7' -0" doors changed to Two (2) 2'-8" x 5` -3" windows — Revised floor plan eliminated requirement for Egress doors at these locations b. One (1) Glass Storefront system changed to 4' -0" x 7' -0" Hollow Metal door - Location of Mechanical Rooms required change in door type c. Changed configuration of Two (2) Glass storefront systems to single door in. lieu of double door — Single, door opening meets. Life Safety Compliance DrpAR MENTT 870 Bella Vista Ct.. Jupiter, Florida 33477 * (561_) 748- 2945 "*' Fax ( 561 ) 745 -701 AA C 001609 Letter To James K. Norquest Page Two • North Elevation a. One (1) Glass Storefront system changed to One (1) pr. 3' -0" x 7' -0" Hollow Metal (H.M.) Door and One (1) 4' -0" x 7' -0" H.M. Door— Location of Mechanical Rooms required change in door types b. Changed configuration of Two (2) Glass storefront systems to single door in lieu of double door— Single door opening meets Life Safety Compliance West Elevation a. Two (2) 3' -0" x 7' -0" doors and One (1) 2' -8" x 5' -3" window changed to Two (2) 2'-8" x 5' -3" windows — Revised floor plan eliminated requirement for Egress doors and window at these locations b. One (1) pr. 3' -0" x 7' -0" doors added to plan — Location of Mechanical Rooms required an additional door at this location c. Two (2) Glass storefront systems increased to Four (4) Glass Storefront systems — Additional Glass Storefront systems brings total for building to ten (10), same as approved plan d. Changed configuration of Two (2) Glass storefront systems to single door in lieu of double door — Single door opening meets Life Safety Compliance Building `B' • North Elevation a. One (1) 3'-8" x 7' -0" door added with Concrete and Masonry Ramp — Additional Egress opening required for Life Safety Compliance • West Elevation a. Eight (8) 2'-8" x 5' -3" windows changed to Nine (9) 2'-8" x 5' -3" windows and Three (3) pr. 3' -0" x 7' -0" doors — Revised floor plan created additional Egress openings for Life Safety Compliance b. Decorative fiberglass columns in lieu of masonry knee wall with aluminum screen enclosure at covered porch. — Revised back to original submittal Building `C' East Elevation a. One (1) 8' -0" x 5' -3" window added in Foyer —Window added for natural lighting in Foyer Ciry " pg Gardens NA Y 12 iSigg MANAGEMENT i)EPARTMENT Letter To James K. Norquest Page Three b. Four (4) decorative columns changed to Two (2) decorative columns — Eliminated two (2) columns next to building because of interference with vehicular traffic. Remaining two columns were enlarged to match columns at main entry • South Elevation a. Five (5) pr. 3' -0" x 7' -0" entry doors changed to Four (4) pr. 3' -0" x 7' -0" entry doors — Four (4) pr. entry doors meets Life Safety requirements and is a more balanced appearance for main entry • West Elevation a. One (1) 8' -0" x 5' -3" window added in Foyer —Window added for natural lighting in Foyer • North Elevation a. Elevator tower added — Conflict between structural and mechanical designs forced relocation of elevator to an outside wall location b. Two (2) pr. of T -0" x T -0" doors and (2) Two pr. of decorative fiberglass columns omitted — Revised floor plan relocated doors to east side and west side respectively. Columns were omitted. c. Four (4) 3' -0" x T -0" H.M. doors added —Revised floor plan required Two (2) additional Egress openings for Life Safety Compliance. Location of mechanical equipment required Two (2) doors for access. Please contact me if you have any questions or request any additional information. Thank you. Sincerely, GLENN PATE & ASSOCIATES, P.A. Glenn Pate Attachments cc: Webb Builders, Inc. Christ Fellowship Church, Inc. city of Pg Gardens HAY 12 1939 GROWTH MANAGEMENT DEPARTMENT i " ®I y_ L S I. ew �1 li " 1 i �a Y " ®I L � O L S ew �1 " 0 o o - o WMW MIN �a Y a w 3 a L � O L S U a w 3 Y R � r l� a I I i z .o d e� la i I r —Z11 In I . I Ul y9p' PTO! I C! 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Q3 tlJ A t � C � � Mi am X111 =ii�if i t 25M i T11 1 1 1 I 1 I t I 1 1 I I 1 1 I 1 1 1 ME j I I 1m i1 1 'E Ea 4 0 W J F W O y = Y CL i r nil PA O� W � 1 a Lri � O dill :L i��iii���■ti■i sse'e.tME' dsr'ee, iNiiANNIA'�i��ii� rim F:�F_�F= �czz•� HAWO 'HAW, i 1 1 �1 � Q • F A i 1 I 1 .. . 1 � - 1 1 , i O T1_ Z �O 3 0 E3 ES aIL co G) z e e ICD O IL o m ® a m 3 O zi v wail[ 0 8 C�I ,80U Co I s Q Q Q Q O m DQ 2LL CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: July 15, 1999 Date Prepared: June 29, 1999 Subject/Agenda Item: Resolution 87,1999: Approval of Concurrent Processing: PGA Headquarters & Resort Hotel Expansion: Concurrent Processing of PGA National Development of Regional Impact (DRI) Notice of Potential Change (NOPC) petition, Amendment to the PGA National Planned Community District (PCD) and Site Plan within a PCD Amendment Recommeridation /Motion: Staff recommends approval of Resolution 87, 1999. Reviewed by: A Originating Dept.: Costs: $ 0, Council Action: Total City Attomey . (�`r1 Planning Division [ ] Approved ACM $ 0 [ ] Approved Wi.dtion: Current FY Other_ NIA _ . [ ]Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ )Operating Paper: [ ] Other N/A Resolution 87, 1999 [ ] Not Required Location Map Submitted by: Growth Mgt. Director Affected parties [ ] Notified Budget Acct. #: ( ] None Approved by: City Manager [ x ] Not required BACKGROUND: Frank Palen, agent, is requesting approval for the concurrent processing of a DRI -NOPC application, a PCD amendment application, and a Site Plan within a PCD amendment application. The subject sites are located within the PGA National Planned Community District. (42E- 42S -10) City Council originally approved the PGA National DRI by Resolution 43, 1978 and Ordinance 34, 1978. Most recently, Council approved Ordinance 22, 1998, which amended Agenda Cover Memorandum July 15, 1999 Page 2 the original development orders and all subsequent amendments and established square footage allocations for the DRI. This amendment reflects the existing square foot allocations, both approved and unapproved, for the various land uses within the PGA National DRI. The proposed DRI amendment would change the allowed office square footage within the DRI from 593,560 to 602,890. The additional 21,118 square feet would be utilized for the expansion of the PGA Headquarters building. The petitioner is proposing to transfer the necessary trips associated with the additional office square footage from the Industrial land use allocation, 224,820 square feet of which is presently uncommitted. The petitioner is also proposing to change the total allocation of allowed hotel rooms within the DRI from 350 rooms to 420 rooms. The petitioner is proposing to also transfer the necessary trips associated with the additional rooms from the uncommitted industrial land use allocation. This action would permit future expansion of the resort hotel. The petitioner is not proposing to submit a site plan for such an expansion concurrently with this DRI - NOPC application. §118 -38 (d) of the City's Land Development Regulations requires that the City shall accept concurrent processing of the above mentioned applications only if they: (1) Not result in an incompatible land use with surrounding areas, (2) No objection has been raised through the Interlocal plan amendement review committee (IPARC), (3) Furthers the goals set forth in the "Vision" document, (4) No objections have been raised by the Development Review Committee, (5) Proposed use meets all Level of Services and Concurrency standards. RECOMMENDATION: Staff, has reviewed this petition and has determined that it meets all the requirements set forth in § 118 -38 (d). Staff is recommending approval of the concurrent processing petition. GALong Rangekmisc9917.wpd = -F.1 • ■ ■ • EOWAFT O. STONE, JA 6 ASSOCIATES, P A ' AOA P.G.A. ... w no._ .A� RESORT COMMUNITY ARTMUP N MA[iSMAIL W IIIIAM Fi pOpSE, III PAST, pUCNICV SCMUM b JEPN GAN INC ,MACa ECONOMICS tiESEA[iCIa ASSOCIATES' MOCK FlOOS b•SEAgCV -INC DaI.M f1f'ACH E:aL]OENS' PALM EiEAC:M COUNTY Fi.OF11OA ... ••+...a. � . w ru ..ax rwu, r. ... �" • GEOFCE FAZIO TOM FAZIO ' UUIULE G ASSOC A ESo.. FLOMIOA, IN FLORIOA REALTY BUILDING COMPANY IaIMLEV «oaN a oseocmT�s scl WAp STW T1V ACCMITEC TF, INC. PROJECT MANAGERS .. .... .. «�... .�. �6r" ��g$�t 4tttttttttttttt�',m, a+n�d°' . 'ip.�• 3 sia a a i rb +.b 46.t14.t. •i " ®_" ® ®,s �mum%.�a �•LL •dim "� •� KN �44i� .off �S1 m ( } � ; •, z �'�•p,, y:; q1— -'fir•. °p' ° p ��% @S�'ht ,'� 1 ®4 - ° "'X ,,. P• .An ®.er�•� �_[ �j -a• yg°�"- � -'"•a �n ` r �i }- PrE lit ONSF 1 £ � ~`'� Si ��6 • ® S1L ,Ya t � .RL 1 f `LL ^ �• ^L 'l'G+� � "ay.°�7 yE tiY g4,'+ ti" y'°4 t � �, : ` ' i ''•'a `h3�`3�s Wh i' - ' O.pt°{• � a F +[rai® w s, C6 IA S;r'��tq g�� ,p, ,°L•�""% P�..,, @t� m� r b � : q `f v � '} � •.b �b'��', ", E��g ° •"� �",,+,tJ �Ee1�W°f"��E3,� �1 � �a'�'�ea �.ss,s� ' ,• , r? -0Q oil �yt" - °•t3rp s mac' �`°�i @�°,g� V I 4 � Ca ~ �� 6ssr��6�.`� ®�.°�'�q�f= o���a�•�s�� -a'� `�c�x«.�' "�Eri �i,��•y'`�d�o�i TSa -"rp{'�LI•�e`"av" i °`'.E�� �°o �1 i�'e`��•iy�~�® E,'��, q� Xy lZiMmI m �� '�-y`�L qy SV ' " # st=7— July 2, 1999 RESOLUTION 87,1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF CONCURRENT PROCESSING OF A DEVELOPMENT OF REGIONAL IMPACT (DRI) NOTICE OF POTENTIAL CHANGE (NOPC) APPLICATION, AN AMENDMENT TO THE PLANNED COMMUNITY DISTRICT (PCD), AND AN AMENDMENT TO A SITE PLAN WITHIN A PCD, FOR PROPERTIES LOCATED WITHIN THE PGA NATIONAL PLANNED COMMUNITY DISTRICT APPROXIMATELY 1/4 MILE SOUTH OF PGA BOULEVARD; PROVIDING FOR THE CITY MANAGER TO EXECUTE A CONCURRENT PROCESSING AGREEMENT; PROVIDING FOR A CONDITION OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Growth Management Department has received applications from PGA National Ventures, Ltd., for concurrent review of a Development of Regional Impact (DRI) Notice of Potential Change (NOPC) Application, an Amendment to a Planned Community District (PCD) Application and an Amendment to a Site Plan within a PCD application; WHEREAS, § 118 -38 (d) prohibits the Growth Management Department from accepting or processing applications for an Amendment to a Planned Community District (PCD) application and an Amendment to a Site Plan within a PCD application, prior to approval of a Development of Regional Impact (DRI) Notice of Potential Change (NOPC) Application; WHEREAS, § 118 -38 (d) also provides an exception whereby City Council may approve the acceptance and processing of such applications according to the conditions of § 118 -3 8 (d); WHEREAS, the City Council has determined that the concurrent review of this Development of Regional Impact (DRI) Notice of Potential Change (NOPC) Application with an Amendment to a Planned Community District (PCD) application and an Amendment to a Site Plan within a PCD application will result in a more comprehensively planned project in this instance. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby consents to the concurrent review of a Development of Regional Impact (DRI) Notice of Potential Change (NOPC) Application with an Amendment to a Planned Community District (PCD) application and an Amendment to a Site Plan within a PCD application submitted by PGA National Ventures, Ltd. Section 2. Approval of concurrent processing is based on the following condition being met, failure of which shall result in automatic revocation of the Resolution. (1) The applicant shall submit a Concurrent Processing Agreement to the Growth Management Director in a form acceptable to the City Attorney within 30 days of approval of this resolution. Section 3. The City Manager is hereby authorized and directed to execute said Concurrent Processing Agreement on behalf of the City of Palm Beach Gardens. Section 4, This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF AUGUST, 1999. ATTEST: LINDA V. KOSIER VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO \eat G: \Long Range \mis9917.re.wpd 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 Date: July 15, 1999 red: June 29, 1999 Subject[Agenda Item: Workshop /First Reading: Petition TXT -99 -06 Development Review Process Text Amendments, by City of Palm Beach Gardens staff, to amend the City's Land Development Regulations to provide revisions to chapter 114 entitled "SUBDIVISIONS ", Recommendation /Motion: Staff recommends approval of Ordinance 30, 1999 Reviewed b Originating Dept.: Costs: $_0 Total Council Action: City Attorney n. � Finance N/A Growth Management $ 0 [ ] Approved [ ] Approved wicomaions ACM <k Current FY [ ] Denied Advertised: Human Res. N/A Funding Source: [ ] Continued to: Attachments: Date: [ j Operating Other N/A Paper: [ x ] Not Required ( ] Other N/A Ordinance 30, 1999 Submitted by: Growth Management Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: Staff is requesting that the City amend its Land Development Regulations to allow for amendments to chapter 114, entitled "SUBDIVISIONS ". The intent of the amendments is to require boundary platting in association with all development orders. Currently, the code requires platting only when land is subdivided into three or more parcels. The proposed language will require platting of all parcels whenever a parcel is subject to a development review process. This language seeks to codify a procedure already being implemented by the Growth Management Department and the City Engineer's office. At its June 22, 1999 public hearing, the Planning and Zoning Commission made a recommendation in favor of approval of petition TXT- 99 -06. There was no comment from the public regarding the proposed revisions to Chapter 114. The Planning and Zoning Commission made only one recommendation regarding language in the "boundary plat" definition. Staff has revised the proposed language accordingly. The following summarizes various issues within the zoning code affected by revisions: CHAPTER 114 (1) New definition: Boundary plat. (2) Per the City Engineer's recommendation, requiring boundary plats in association with all development orders, instead of in association only with subdivision of land. (3) Elimination of repetitive language associated with traffic concurrency requirements for land subdivision. Boundary plats are being required for one parcel or tract of land, when a subdivision plat of multiple lots is not necessary, because all property that is to be developed must be platted in order to be recorded on the "Official Tax Maps" of the Palm Beach County. The recordation of a boundary plat provides a convenience for development order interpretations and monitoring activities which is not afforded by a metes and bounds description. Metes and bounds descriptions can be lengthy and difficult for a layperson (i.e., a planner) to interpret. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 30, 1999. GAShort Range ltxt9906.cc.subdivision.st.wpd July 9, 1999 ORDINANCE 30, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENTS TO THE PALM BEACH GARDENS CODE OF ORDINANCES BY AMENDING SECTION 78 -2, TO ADD DEFINITION FOR BOUNDARY PLAT; SECTION 114 -4, JURISDICTION OF CHAPTER TO INCLUDE DEVELOPMENT REVIEW; SECTION 114 -9, TO CHANGE DEPARTMENT NAME AND ADD "BOUNDARY PLAT "; SECTION 114 -36, TO REQUIRE BOUNDARY PLAT FOR LANDS SUBJECT TO DEVELOPMENT REVIEW; SECTION 114 -41, TO ADD BOUNDARY PLAT IN PLAT REVIEW PROCESS; SECTION 114 -42, TO ADD BOUNDARY PLAT IN PLAT SIGNING AND RECORDATION PROCESS; SECTION 114 -43, DELETING TRAFFIC IMPACT ANALYSIS REQUIREMENT TO AVOID REDUNDANCY; PROVIDING FOR A REPEAL OF ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City Council desires to amend the chapter of the code regulating subdivision and plat review and recordation. WHEREAS, the proposed revisions are consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Section 78 -2 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words struck): Sec. 78 -2. Dcfinitions. Plat, Boundary means a map or delineated representation for recordation of a single lot,, parcel or tract of land for development purposes prepared, approved and recorded in accordance with requirements and procedures for a boundary plat pursuant to Chapter 177, Florida Statutes, and may include the terms replat, amended plat or revised plat. SECTION 2. Section 114 -4 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words struck): 1 Sec. 114 -4. Jurisdiction. (a) This chapter applies to all subdivisions of land, as set forth in article II of this chapter and all lands which are the subject of an approved development order. (b) No land may be subdivided through the use of any legal description, other than with reference to a plat approved by the city council in accordance with this chapter. SECTION 3. Section 114 -9 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words stack): Sec. 114 -9. Enforcement, violations and penalties. (a) Generally. Under this chapter: (1) It shall be the duty of the director of flaiu,ing aid zoi7iing growth management to enforce this chapter and to bring to the attention of the city manager or the manager's designated agent any violations of this chapter. (b) Approval and recording of plats. No boundary plat or plat of a subdivision shall be offered for recording by the clerk of the circuit court of the county until the plat has been approved by the city. (Code 1987, § 157.010) SECTION 4. Section 114 -36 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words stack): Sec. 114 -36. General application procedure. (a) Plan and plat approval required. Before any land is subdivided, the owner of the property proposed to be subdivided or his authorized agent shall apply for and secure approval of the following: (1) Subdivision plan; (2) Construction plans; and (3) Plat. (b) Coordination of planned development zoning applications with subdivision approval. Pursuant to the city's zoning regulations in chapter 118, plat approval of the subdivision of land shall be required whenever a planned unit development (PUD) or planned community district (PCD) Ordinance 30, 1999 2 application, which entails the subdivision of land, is approved. Upon approval of a planned unit development (PUD) by the city council or site plan approval of a parcel of an approved planned community district (PCD), the applicant shall proceed with the preparation of the plat and construction plans for the area to be subdivided, as described in these regulations, unless modified by the city council for a PUD or PCD. (c) Boundary plat requirement. All lands not otherwise subdivided which are the subject of an Approved development order shall be designated by a boundary plat. The boundary plat shall be approved by city council and placed in the official records of the county prior to issuance of a certificate of occupancy for the subject land. (Code 1987, § 157.020) SECTION 5. Section 114 -41 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words suudk): Sec-114-41. Plat review and approval process. (a) Generally. Where proposed development includes the subdivision of land or land development requires a boundary plat, the final approval of a subdivision plan or development permit application shall be made contingent upon approval by the city council of a plat, as applicable, conforming to the approved plan. (b) Application procedure and requirements. During the effective period of the subdivision plan approval or development order, the applicant shall file with the city an application for approval of a plat. That application shall: (1) Include the required fee. (2) Include the entire subdivision or phase thereof which derives access from an existing state, county or city street or highway. (3) Be accompanied by the required number of copies of the plat. (4) Comply and conform in all respects with the approved subdivision plan. (5) Be accompanied by the development order and surety, if required, in a form satisfactory to the city engineer, city attorney and city manager in an amount established by these regulations. (6) Demonstrate its conformance with F.S. ch. 177. (7) Be accompanied by the following documents: Ordinance 30, 1999 3 a. A certificate of cost estimate prepared by the applicant's engineer. b. A certificate from the city showing city and county taxes current. (8) Include an inspection fee in the amount established by the city council and provide evidence of all permits and/or agreements that provide for the construction of all required improvements. (c) Standards for approval of plats. The purpose of this subsection is to set forth the standards and criteria that the city shall consider in determining whether to approve or deny an application for plat approval. No plat for a proposed subdivision or boundary plat for a proposed development permit shall be approved unless the applicant proves by clear and convincing evidence that: (1) The application conforms with the requirements of these regulations regarding the form and content of the plat, timely submittal, offers of dedication, and development order; (2) The application conforms with the requirements of F.S. ch. 177, regarding the form and content of plats offered for recording prepared by a land surveyor licensed in the state. If the city chooses to verify the survey data shown on the plat, the city shall utilize a surveyor at the expense of the applicant; and (3) Adequate surety has been provided for the completion of required improvements in accordance with article III of this chapter; (4) The application conforms in all respects to the requirements of the land development regulations of the city; and (5) The plat conforms to the approved subdivision plan. SECTION 6. Section 114 -42 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words sti7ac"): Sec. 114 -42. Signing and recordation of plat. (a) Signing of plat. Signing of the subdivision plat or the boundary plat is subject to the following: (1) The mayor shall endorse approval on the plat after all the conditions of the approval of the plat have been satisfied. Ordinance 30, 1999 4 (2) When installation of improvements is required prior to recordation of the plat, the mayor shall endorse approval on the plat after all applicable conditions of the development order have been satisfied and all improvements satisfactorily completed. There shall be written evidence that the required improvements have been installed in a manner satisfactory to the city as evidenced by certificate of completion signed by the applicant's engineer and approved by the city engineer. SECTION 7. Section 114 -43 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words struck): Sec 114 -43. Submission requirements for subdivision approval. (c) Subdivision plan. The subdivision plan shall be prepared insufficient detail to explain the proposed development such that, once approved, it can be used as a basis for the preparation of construction plans and plat. In addition to the generalized requirements as listed in subsection (b) of this section, the subdivision plan shall include the following: (9) Required improvements. b. Proposed streets including: 1. The name or temporary designation and right -of -way width. 2. A typical design cross section indicating pavement type, width, drainage features, sewer and water main locations, utility locations, and sidewalks/bikeways. Separate cross sections for all entrance roads featuring medians, with a note explaining maintenance and ownership responsibility. 3. Any streets in the county thoroughfare protection plan and the comprehensive plan of the city. 4. Proposed ownership and maintenance of streets. /TTA\ _ _ *,1_ �1__ _____:__t_.� ____- - _'1__,___ /A T\T\ J. 11a111G 11111Ja" allaly JlJ `11C1f Wlul ulG 111VJGGLGu aVGla6'G ua11y traffic `L-1Lll J 11.0m 111G Uc VG1V11111G111 VQJGLL U11V11 1111) 6GL1Gl a11V11 la1GJ GV111a111GU 111 u1G T__ _�._�__�._ _ lT_____ ___ __1_�' ___ T__ _'__ _____ /TTT.`\ 11 .f______1 ____1 _..._ ._al_ -.. ,.�. -__ J -__-]_ Institu1G Vl 11a11J1JV11a11V111i11�'111GG1J `lllif lVla11Ua1 u111GJJ Vu1G1 J1audal UJ a1G ___ -t_r_� ___� _____� Tl__ 'TA _1__11 __ ___'mil_ JuJUlLGU a11U aNy1VVCU. 1116 1101 JLlall UG111V113Ua1G GV1111J11aL1GG Wlul LIIc filly /GV Ullly 11 a111G 11G11V1111a11GG J1a11LLC11 UJ. SECTION 8. All ordinances and resolutions of the City, or any part thereof, which are in conflict with this ordinance are hereby repealed. Ordinance 30, 1999 5 SECTION 9. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. SECTION 10. The City Clerk is hereby directed to ensure that the contents of this ordinance be codified as part of the City Code of Ordinances. SECTION 11. This ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF 1999. 1999. 1999. MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY. VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK GAShort Range\subdivisionamend.ordImpd CITY ATTORNEY AYE NAY ABSENT Ordinance 30, 1999 6 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: July 15, 1999 Date Prepared: June 23, 1999 Subject/Agenda Item: Workshop /First Reading: Petition TXT -99 -06 Development Review Process Text Amendments, by City of Palm Beach Gardens staff, to amend the City's Land Development Regulations to provide revisions to chapter 118 entitled "ZONING ". Recommendation /Motion: Staff recommends aDDroval of Ordinance 31. 1999 Reviewed :�' n y Originating Dept.: Costs: $_0 Total Council Action: City Attorney Growth Management [ ] Approved �P Finance N/A $ 0 [ ] Approved w1condidons Current FY ACM [ ]Denied Advertised: Human Res. N/A Funding Source: [ ] Continued to: Attachments: Other N/A Date: [ ] Operating Paper: [ x ] Not Required [ ] Other N/A Ordinance 31 , 1999 Submitted by: Growth Management Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: Staff is requesting that the City amend its Land Development' Regulations to allow for amendments to chapter 118, entitled "ZONING ". The intent of the amendments is to clarify the development review process, to provide adequate time for staff review during the development review process, to provide for submittal of adequate information regarding development petitions, and to provide minimum standards regarding stacking distances in parking areas. The following summarizes various issues within the zoning code affected by revisions: CHAPTER 118 (1) Additional criteria for allowing concurrent processing agreements. (2) Adding language requiring development review committee (DRC) consideration for all review processes. (3) Clarifying language requiring a staff response to an application submittal of 5 7 Agenda Cover Memorandum July 15, 1999 Petition TXT -98 -06 Page 2 working days. (4) Creating language requiring a minimum development review period of 914 working days prior to a development review committee meeting. (5) Adding a requirement that applications are in compliance with all applicable codes prior to scheduling for a Planning and Zoning Commission /Site Plan and Appearance Review Committee. (6) Adding a requirement that, should additional information be needed after DRC, a minimum review period of 7 days for minor non - engineering revisions, and 15 working days for revisions requiring engineering review prior to Planning and Zoning Commission /Site Plan and Appearance Review Committee. (7) Adding language requiring a minimum of 7 working days after development review committee certification and prior to Planning and Zoning Commission /Site Plan and Appearance Review Committee meeting. (8) Adding language for a 23 day review period prior to a City Council meeting, after receiving formal recommendation from Planning and Zoning Commission /Site Plan and Appearance Review Committee. (9) Amending language from a 12 day to a 19 23 day review period prior to a City Council meeting, after Council has requested additional information from a petitioner. (10) Adding language requiring that public hearing notices be sent at least ten working days prior to the hearing. (11) Adding language requiring that notices for public hearing be sent by certified mail. (12) Amending the review period for miscellaneous petitions from 16 days to 24 days. (13) Amending the Conditional Use review process to be consistent with rezoning, site plan, PUD and PCD processes. (14) Amending the submission requirements to add: (a) photometric plans (b) planting symbols at scale of time of planting (c) roof plan (d) renderings with landscaping at 5 years from date of planting (15) Amending the waiver component of the PUD and PCD approval process to address amendments to PUDs and PCDs. (16) Adding a requirement for minimum stacking distance of 100 feet between arterials and collectors and the first instance of opposing vehicular movement for arterials and collectors, 75 feet from local streets. At its June 22, 1999 public hearing, the Planning and Zoning Commission made a recommendation in favor of approval of petition TXT- 99 -06. There was one comment from the public. Mr. Hank Skokowski of Urban Design Studio commented that he had a concern about the proposed review time prior to returning to City Council. The proposed language Agenda Cover Memorandum Petition TXT -99 -06 Page 3 July 15, 1999 would change that review period from twelve (12) working days to nineteen (19) working days. The extra seven working days is being proposed so that Planning and Zoning staff may have two (2) extra working days to prepare and review staff reports and also five (5) working days for a City Attorney review period. This time frame reflects the current review process being undertaken by staff, although it is not presently codified as such. Mr. Skokowski's concerns were that the proposed language does not take into affect minor versus major changes, as may be requested by..Council. The present code language does have a provision in which the City Council may defer such a review period. However, this requires the petitioner to request such a deferment at the City Council meeting. The Planning and Zoning Commission recommended that this power of deferment may more easily be carried out through the City Manager's office instead of City Council. Staff agreed, due to the fact that the City Council agenda is set through the City Manager's office. Staff has therefore revised the proposed draft language to reflect this recommendation. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 31, 1999. July 9, 1999 ORDINANCE 31,1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENTS TO THE PALM BEACH GARDENS CODE OF ORDINANCES BY AMENDING: SECTION 118 -38, ADDING CRITERIA FOR CONCURRENT PROCESSING AGREEMENTS; SECTION 118 -39, ADDING REQUIREMENTS FOR CONDUCTING DEVELOPMENT REVIEW COMMITTEE MEETINGS; SECTION 118 -42, REVISING REVIEW PERIODS AND FORMAT FOR REZONING PROCESS; SECTION 118 -43, REVISING REVIEW PERIODS AND FORMAT FOR SITE PLAN REVIEW PROCESS; SECTION 118 -45, REVISING DEPARTMENT NAME FOR MISCELLANEOUS REVIEW PROCESS; SECTION 118 -48, REVISING REVIEW PERIODS AND FORMAT FOR CONDITIONAL USE PROCESS; SECTION 118 -50, ADDING SUBMISSION REQUIREMENTS FOR LIGHTING, ARCHITECTURAL ELEVATIONS, RENDERINGS, LANDSCAPE PLANS FOR REZONING AND SITE PLAN REVIEW PROCESS; SECTION 118 -213, ADDING LANGUAGE TO INCLUDE AMENDMENTS TO PUD; SECTION 118 -214, ADDING LANGUAGE TO INCLUDE AMENDMENTS TO PCD; SECTION 118 -473, ADDING LANGUAGE REQUIRING MINIMUM STACKING DISTANCES; PROVIDING FOR A REPEAL OF ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to revise the City's development review process; and WHEREAS, the proposed revisions are consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. Section 118 -38 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words struck-) Section 118 -38. Submission of application. (d) Concurrent processing. Where a proposed site plan/development order is contingent upon approval of a comprehensive plan amendment (CPA), a development of regional impact (DRI), a planned community district (PCD), a planned unit development (PUD), or an amendment to any of the foregoing, for the subject site, the city shall not accept or process the application for the site plan review /development order prior to the final approval and adoption of the CPA, DRI, PCD, PUD, or the amendment to any of the foregoing subject to tl UllkJwing . �1 J 1 uc %iiy illay a%CcYt anu Y1VCCaO W%, appllt aLiull 1V1 a ZiL,-, i31ai1 �-__.____ /, ___- 1- __�_ -__� ___ -3 ___ _- ____________mil__ __..al_ al__ _____1.__a'___ Cam, -. f� A T%TTT "f'T1 lGVIC W /LLGVC1V1J111c11l V1UG1 cVllc u11 G11L1y wllll lllc alJ1.Jm auVll 1V1 l.1 t1, TT TT ___ _______ �___ mil_____i_ ---I- --- al__ __a -_ _______'1 -3 _�.______'____ 1___ _____7__�.____ 1 VL, Vl amc11U111c11W 111ciclV wllcll 1116 idly cVU11c11 UGic1U1111cJ Vy 1k,3WU11V11 Ulal lllc 1V11V wu1r c11LC11a a1c lllcl. The City Council may waive the requirements of this subsection if the applicant can demonstrate, the following: (1) If a CPA is proposed: a. It shall not result in a land use which is incompatible with surrounding land uses, including land uses within and outside the City's municipal boundaries; b. No objection has been raised through the Interlocal Plan Amendment Review Committee (IPARC) Clearinghouse or Issues Forum; and C. The proposed CPA is consistent with and furthers the goals set forth in the City's `vision', entitled "Our Vision - A Strategic Plan" dated December 5, 1996. (2) If a request for DRI, PCD, or PUD, or an amendment thereto is proposed, no objection has been raised through the Development Review Committee process by a neighboring jurisdiction. (3) If a CPA, DRI, PCD, PUD, or amendment thereto is proposed, the plan must either meet the level of services standards or satisfy concurrency. The applicant shall sufficiently establish that concurrent processing will benefit the city and shall not cause undue burden or adverse impact to the city. Section 118 -39. Application review procedure. The application review procedures under the article shall be applicable as follows: (1) A rezoning application shall be subject to review by the development review Ordinance 31, 1999 2 committee and by the planning and zoning commission and the city council at public hearings. (2) A site plan review application shall be subject to review by the development review committee and by the site plan and appearance and review committee and, if applicable, the city council at a public meeting. (3) A zoning regulation change (ordinance amendment) shall be subject to review by the development review committee and by the planning and zoning commission and the city council at public hearings. (4) A conditional use application shall be subject to review by the development review committee and by the planning and zoning commission and the city council at public hearings /meetings, as applicable. (5) A variance request application shall be subject to review by the development review committee and by the board of zoning appeals at a public hearing. SECTION 2. Section 118 -42 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words Struck* Sec. 118 -42. Rezoning process. (a) STANDARD REZONING. For the purpose of this chapter, standard rezoning shall mean rezoning of a property to any zoning classification other than planned community or planned unit development district. The standard rezoning application will be subject to the review of the development review committee, the planning and zoning commission, and the city council as follows: ll) UUUrrL LJJIUrl Uf UPPL1L.4I1Ur1PU(,A"gV3 1u plurlrllrig urlu 4urlL/Lg UGPurlumfil. 1116 - ---- 1]--- -L -1- -11 -- -1 ----7L 4 -- --- -'----- -, -- -- -- -1- --- -r ---- ---1 -''- --- -- 1-- -L' --- 1'- - -- `'- aiJYuGCUU Juan Juv1111L Luc 1GLiu11GU 11LUUUCI V.L GV111�J1GLC aJJP11%'auvu yainar'w 1V U1G 1J10.1111111r, a11U 4Vlll11r U --JJal U11G11L 11V laLGl Wall l V VVVlr'111r, uayJ 1J11V1 LV a 5G11GL1u1Gu 1J1a11nmr,' allu 40mar, GV1111111JJ1V11111GGUllb,. VV 1L1111111 VG VVVltullg uayJ Vl LL1G 1L,3L0.U11J11GU LLG0.LL1111G LLaLG, L11G uGJJ0.1 L111Gl11 Jllall LLGLG1111111G L110.L L11G 0.1.Jp1GaL1V11 i-. - (1) Pre - application conference. Prior to submitting an application for rezoning, the applicant shall meet with the staff of the Growth Management Department for a Ordinance 31, 1999 pre- application conference. (i2) Submission of application packages to pluiti�;i�g wed 4u,tirig growth management department. The applicant shall submit a standard rezoning application along with the appropriate fee. Within five seven working days of receipt of an application of th e �staL-lish�u u�aunfiC date, the department shall determine that the application is: a. Complete and proceed with the following procedure; or b. Incomplete and notify the applicant in writing as to the deficiencies. To avoid a resubmittal of a new application and filing fee, the applicant must submit an amended application within 30 calender days of the date of deficiency notification letter. The department director may waive the 30- day requirement if reasonable progress is being made in revising the application. (i3) Development review committee l lJ.[JLldl �LdLllJa; JllUr iss' lVrL LV yLUrlrlifig "ri" bVrl/rtx L.Vrr mlaa LV/l.. a. DRC meeting. The applicant shall submit the required number of complete application packages to the growth management department no later than 14 working days prior to a scheduled development review committee meeting. The department shall forward the completed application to the members of the development review committee. The development review committee shall review the application and submit its comments and recommendations to the applicant. The complete application shall be in compliance with all applicable codes prior to scheduling for a planning and zoning commission meeting, unless deferred by the growth management director. The development review committee may consider the application at more than one meeting, if necessary, to complete its review. tV- L11G Iplalllllll�' Q11U GVllll% GV11ll111JJ1V11 VV 1L11111 Jc vGll wvll\lll�' uayJ vl Luc vl L11G Gvi11F1%, G ayyllGauv11. b. Request for additional information. When a petition has been before the development review committee and additional information is needed by a DRC member, the requested information shall be submitted by 12:00 p.m. seven working days prior to the next scheduled planning and zoning commission meeting. Should additional information be required by the city engineer, the requested information shall be submitted by 12:00 P.M. 15 working days prior to the next scheduled development review committee meeting or planning and zoning commission meeting Ordinance 31, 1999 11 whichever is applicable. (34) Planning and zoning commission. a. Workshop meeting. No sooner than seven working days after all development review committee comments have been satisfied, unless deferred by the growth management director, the planning and zoning commission shall consider the comments and recommendations from the development review committee at a workshop meeting. The planning and zoning commission may consider the application at more than one workshop meeting, if necessary, to complete review of the request. b. Request for additional information. When a petition has been before the planning and zoning commission and additional information to the application is requested, the requested information shall be submitted by 12:00 p.m. five working days prior to the next scheduled commission meeting. When the requested information requires the review of any development review committee member, resubmittal shall be by 12:00 p.m. 12 working days prior to the next available planning and zoning commission meeting, unless reduced to Svc vvc,rning days by the commission. C. Public hearing. After review of the request at a workshop meeting, the planning and zoning commission shall schedule a public hearing with public notice and shall notify the applicant. The applicant shall provide a courtesy notice to the owners of surrounding property within 500 feet by certified mail at least ten working days prior to the public hearing. The names and addresses of such owners shall be furnished by the applicant. An affidavit must be furnished confirming the mailing of the courtesy notice. d. Record ofproceedings. The planning and zoning commission shall hold a public hearing and shall prepare a record of its proceedings on each case. The record shall be filed in the ylaiu ing and zoaliig growth management department and shall be a public record. e. Transmission of record and recommendation to city council. A copy of the record, together with the planning and zoning commission's recommendation and the grounds therefor, shall be transmitted to the city council. ( +5) City council consideration. a. Workshop and/or first reading. No sooner than 23 working days after the planning and zoning commission has made a formal recommendation to city council, the Ordinance 31, 1999 city council shall examine all such applications, reports and recommendations transmitted to it and shall take such action as it deems appropriate. b. Request for additional information. When a petition has been before the city council and additional information to the application is requested, the requested information shall be submitted to the growth management department by 12:00 P.M. iivc uay� Yiivi W I-- ic 11c,AL sciicuutcu %ILLY cvuiicit iucc%iu6. vviicii the lcqucstcu nuumiauvu uic icvicw vi airy ucvcivj LIIq-,IIL icvl%,W cVUlllllucc -- �- - '.� -i 1 - -1i 1 -- I - -- In -nn -- - -- IIN icsub-uii«ai siia,i L)c uy 12.00 pan. 12 not less than 19 working days prior to the next available city council meeting, unless reduced to five working days by the co-Liiicil city manager. C. Public hearing; notice. Lc Urc cnacti��g anly a«�cnd�.�c.�t, The city council shall hold a public hearing after giving a due public notice. The applicant shall provide a courtesy notice to the owners of surrounding property within 500 feet by certified mail at least ten working days prior to the public hearing. An affidavit must be furnished confirming the mailing of the courtesy notice. d. i cavl;.iiiv;i Ordinance evidencing decision; reasons. Following its public hearing and decision, the city council shall render a written resolutiGn ordinance evidencing its decision, along with reasons supporting its action. (56) Reconsideration. 1`:a An application for rezoning which has been denied by the city council shall not be eligible for reconsideration again by the planning and zoning commission or the city council for a rezoning to the same classification for one year from the date such application was denied by the city council. Ordinance 31, 1999 6 CITY OF PALM BEACH GARDENS STANDARD REZONING PROCESS Pre - Application Conference Staff Application DRC P & Z.Workshop P & Z Public Hearing Council 1st Reading Council Public Hearing (optional) ordinance Council Public Hearing 2nd Reading Site Plan/ Subdivision Review DRC: Development review committee P & Z: Planning and zoning commission Council: City Council (b) PLANNED COMMUNITY DISTRICT REZONING. An application for a rezoning of land to a planned community district or an amendment to an approved planned community district shall will be subject to the review of the development review committee, the planning and zoning commission, and the city council as follows: Ordinance 31, 1999 7 /1\ l - - -- -1-t'--"--- -- - -,- - ` - -' - --- --- 7- -- -1-- -- -` T_ l) ouu /tJOtu /t u/ upp, I(,cttu /t p"cnugeo to ptU /L /Lt/tg u/u GU//tg uuput ime/tt. l llc aNyiiGai3i � ' 'vi vP aYt �ditage5 tV ilaii �uviuii Lill, ietuueu iiuuluei tilt palilllll8 and GVlllll6 ucpaluucllL 11V laLCl Lllall 1 V VVVllIlllr' UayJ Plivl LV a '-- `'-A--' --'- -- - --- -- - --`' - -- - --- - -- --'--- --- - -`'- - - «TAL'-- C --- -- ---- ' -'- - - -'---- C Jldlcuulcu pialllllllr' allu GVlllllb' L,V1111111JJ1Vll 111ccL111r'. VV 1L1111111 VC WVll\lll�' uayJ Vl till, eJLaullJllcu ucaumiv, uaLC, Lllc k1upallillc11l Jllall ucLClllllllc dial lilt appm allVil ice-. (1) Pre - application conference. Prior to submitting an application for rezoning to planned community district, the applicant shall meet with the staff of the Growth Management Department for a pre - application conference. (f2) Submission of application packages to plu;; ;;r ;;g u14u 4-6ai ;�� growth management department. The applicant shall submit a planned community district application along with the appropriate fee. Within five seven working days of receipt of an application of file e3ML)11311eu ueaulule Clam;, the department shall determine that the application is: a. Complete and proceed with the following procedure; or b. Incomplete and notify the applicant in writing as to the deficiencies. To avoid a resubmittal of a new application and filing fee, the applicant must submit an amended application within 30 calender days of the date of deficiency notification letter. The director may waive the 30 -day requirement if reasonable progress is being made in revising the application. (23) Development review committee co,is�uai utici; ouu//ttoJtu /t to ptu/t/tt/tg u'iiu L,u%iLil�; c.ui%i liLOO tuft. a. DRC meeting. The applicant shall submit the required number of complete application packages to the growth management department no later than 14 working days prior to a scheduled development review committee meeting. The department shall forward the completed application to the members of the development review committee. The development review committee shall review the application and submit its comments and recommendations to the applicant. The complete application shall be in compliance with all applicable codes prior to scheduling for a planning and zoning commission meeting, unless deferred by the growth management director. The development review committee may consider the application at more than one meeting, if necessary, to complete its review. to Lill, iJlalllllllb' allu L.Vlllll�' L,V1111111JJ1V11 W1L11111 JGVCll WVlhlll6 uayJ Vl Lllli 14Lcl,1FL Vl Ordinance 31, 1999 8 b. Request for additional information. When a petition has been before the development review committee and additional information is needed by a DRC member the requested information shall be submitted by 12:00 p.m. seven working days prior to the next scheduled planning and zoning commission meeting. Should additional information be required by the city engineer, the requested information shall be submitted by 12:00 p.m. 15 working days prior to the next scheduled development review committee meeting or planning and zoning commission meeting, whichever is applicable. (34) Planning and zoning commission. a. Workshop meeting. No sooner than seven working days after all development review committee comments have been satisfied, unless deferred by the growth management director, the planning and zoning commission shall consider the comments and recommendations from the development review committee at a workshop meeting. The planning and zoning commission may consider the application at more than one workshop meeting, if necessary, to complete review of the request. b. Request for additional information. When a petition has been before the planning and zoning commission and additional information to the application is requested, the requested information shall be submitted by 12:00 p.m. five working days prior to next scheduled commission meeting. When the requested information requires the review of any development review committee member, resubmittal shall be by 12:00 p.m. 12 working days prior to the next available planning and zoning commission meeting, unless reduced by the commission. C. Public hearing. After review of the request, the planning and zoning commission shall schedule a public hearing with public notice and shall notify the applicant. The applicant shall provide a courtesy notice to the owners of surrounding property within 500 feet by certified mail at least ten working days prior to the public hearing. The names and addresses of such owners shall be furnished by the applicant. An affidavit must be furnished confirming the mailing of the courtesy notice. d. Record of proceedings. The planning and zoning commission shall hold a public hearing and shall prepare a record of its proceedings on each case. The record shall be filed in the plaaniiig and zoniliig growth management department and shall be a public record. e. Transmission of record and recommendation to city council. A copy of the record, Ordinance 31, 1999 9 together with the planning and zoning commission's recommendation and the grounds therefor shall be transmitted to the city council. (45) City council consideration. a. Workshop or first reading. No sooner than 23 working days after the. planning and zoning commission has made a formal recommendation to city council, the city council shall examine all such applications, reports and recommendations transmitted to it and shall take such action as it deems appropriate. ab. Request for additional information or changes to.master development plan. When a petition has been before the city council and additional information or a revision to the application is requested, the requested information shall be submitted by 12:00 p.m. fivc. working days yiior to t1-- 1-- ,--1 --1 ., 1171 ---- ,----1- -- -- -^--' 11G 11G�it JGIIGUUIGU Glly GV U11G11 111GGllllg'. VV11Gll ally 111aJtG1 UL VG1Vy111G11L --,--- -�- -- - - -- --- -�- -- -_�, -- -- -r- - -- -�- -- - - -=- �.J10.11 G110.11g'GJ 0.1G 111aL1G 1Glluindg Ln%, LGV1cW Vl ally uGVC1VJ./1uG11L 1GV1Gw ,-----I «-, ,_ -„ , -- y p.ni. - 12 not less than 19 GVlllllll LLGG 111G111UG1, 1GJU Vllll LL0.1 J11Q11 VG by LG.VV 1J.111. working days prior to the next available city council meeting, unless reduced to L1vG wvinlllg days by the council city manager. bc. Public hearing; notice. Before enacting any planned community development or amendment thereto, the city council shall hold a public hearing after giving a due public notice. The applicant shall provide a courtesy notice to the owners of surrounding property within 500 feet by certified mail at least ten working days prior to the public hearing. An affidavit must be furnished confirming the mailing of the courtesy notice. ed. iDciviii"on Ordinance evidencing decision; reasons. Following its public hearing and decision, the city council shall render a written ordinance resclut�cn evidencing its decision, along with reasons supporting its action. (56) A ""'a..,.,....+ a,. „: +- — 1.,.....,7.. -y Site plan review and approval within a L 1111Lil1LLllll+lll LV L.Vlllll LL1JLllli{. LIMULIGCU Planned Community District. Upon approval of the application, the master development plan, and all other applicable information and materials submitted, the application shall be adopted as an amendment to the zoning district boundary. Development of each parcel within an approved master development plan shall be subject to the site plan review procedure, as established in section 118 -43, before a development order is issued. For the purpose of site plan review, each parcel within an approved PCD master development plan shall receive final site plan approval by the city council. Ordinance 31, 1999 10 (c) PLANNED UNUDEVELOPMENT u'i�ii -ici REZONING. The application for a rezoning to planned unit development or an amendment to an approved planned unit development in conformance with Sect. 118 -44 shall be subject to the review of the development review committee, the planning and zoning commission, and the city council as follows: 11\ Cl- . 7- -_1 ---- - - '- - - - ____ -7- --- '__- - 7____.- --- --- i Tl -- `l� tJUU / /LIJJIV /l V� U�l�/1LL,UlIU /L puL nt4g'GJ LV ycunnLrtg' u/tu. GV/ll/lg ut. /pcl/1//LGrll. L11G appliGalll Jllall JUUl111L LLLG LG4Ul1GU 11UlIlUGI VI GV1111 ILAU aplinGaL1V11 PaGl"ab'GJ LV L11G 1Jla1ll1111r' a11U GVILU1 UG�Ja1 L111G11L 11V laLGl L11ai1 I V VV VI& 6 Uayb plIVI is a _- 1--- - -=- -- ---'1 - -- -=- -- - �ST]i1 -=-- G --- - --- --1-=- -- � - --_ .. r JGLIGUUIGU I.11atllllllg' anu GVlllllr' GV1111111JJ1V11111GG1111�,'. VV 1L11111 1I VG wVlnlllr' Uay,) Vl �L- __�- 1_L'_t__ 3 J__Jl____ �_.._ mil__ )_____1______� _7_-17 �_i__.._____.. �l_..4 a1__ L11G GJLa.U11sllGlu UGaU1111G Uatc, L11G UUPal UIJLV;I1L Jllall UGLG1111111G UIaL L11G appiiGaL1V11 13. (1) Pre - application conference. Prior to submitting an application for rezoning to planned unit development, the applicant shall meet with the staff of the Growth Management Department for a pre- application conference. 2) Submission of application packages to oh-tiiiiiiiz aiiu (Vrllrtu growth management department. The applicant shall file a planned unit development application along with the appropriate fee. Within five seven working days of receipt of an application oftllc �staUli�11�U the department shall determine that the application is: a. Complete and proceed with the following procedure; or b. Incomplete and notify the applicant in writing as to the deficiencies. To avoid a resubmittal of a new application and filing fee, the applicant must submit an amended application within 30 days of the date of deficiency notification letter. The director may waive the 30 -day requirement if reasonable progress is being made in revising the application. (3) Development review committee coiisidai-atiwii; aubriiiJJ1V /1 LV f/lUll /- %__ L___ . a. DRC meeting. The applicant shall submit the required number of complete application packages to the growth management department no later than 14 working days prior to a scheduled development review committee meeting. The department shall forward the completed application to the members of the development review committee. The development review committee shall review the application and submit its comments and recommendations to the applicant. Ordinance 31, 1999 11 The complete application shall be in compliance with all applicable codes prior to scheduling for a planning and zoning commission meeting, unless deferred by the growth management director. The development review committee may consider the application at more than one meeting, if necessary, to complete its review. to 111G plalllllllg a11U L.Vlll116 cV1111111J31V11 Witual JGVCll WV111111�' UayJ Vl lllc 1c cipt of Ulc GV11ilJlc LC aPjJ11GaUV11. b. Request for additional information..information. When a petition has been before the development review committee and additional information is needed by a DRC member the requested information shall be submitted by 12:00 p.m. seven working days prior to the next scheduled planning and zoning commission meeting. Should additional information be required by the city engineer, the requested information shall be submitted by 12:00 p.m: 15 working days prior to the next scheduled development review committee meeting or planning and zoning commission meeting, whichever is applicable. (4) Planning and zoning commission cc ;psi -I- Cttiv %. a. Workshop meeting. No sooner than seven working days after all development review committee comments have been satisfied, unless deferred by the growth management director, the planning and zoning commission shall consider the comments and recommendations from the development review committee at a workshop meeting. The planning and zoning commission may consider the application at more than one workshop meeting, if necessary, to complete review of the request. b. Request for additional information or site plan changes. When a petition has been before the planning and zoning commission and additional information or lilinor revision to the application is requested, the requested information shall be submitted by 12:00 p.m. five working days prior to the next scheduled commission meeting. When any site plan changes are made requiring the review of any development review committee member, resubmittal shall be by 12:00 p.m. 12 working days prior to the next available planning and zoning commission meeting, unless reduced by the commission. C. Public hearing; notice. After review of the proposed planned unit development, the planning and zoning commission shall schedule a public hearing and shall notify the applicant. The applicant shall provide a courtesy notice to the owners of surrounding property within 500 feet by certified mail at least ten working days prior to the public hearing. The names and addresses of such owners shall be furnished by the applicant. An affidavit must be furnished confirming the mailing of the courtesy notice. Ordinance 31, 1999 12 d. Record ofproceedings. The planning and zoning commission shall hold a public hearing and shall prepare a record of its proceedings on each case. The record shall be filed in the flaiiiiing aiiu zoiiiiig growth management department and shall be a public record. e. Transmission of record and recommendation to city council. A copy of the record, together with the planning and zoning commission's recommendation and the grounds therefor, shall be transmitted to the city council. (5) City council consideration. The city council shall examine all such applications, staff reports and recommendations transmitted to it and shall take such action as it deems appropriate. a. Workshop or first reading. No sooner than 23 working days after the planning and zoning commission has made a formal recommendation to city council, the city council shall examine all such applications, reports and recommendations transmitted to it and shall take such action as it deems appropriate. ab. Request for additional information; site plan changes. When a petition has been before the city council and additional information or uiinoi: revision to the application is requested, the requested information shall be submitted by 12:00 X- - -' 1_7- -- A - --- 1 -' 1-- , - -1 --1 .� AS11 -- p.m. uvc WUiniug uayO FLIU1 tU tuc ii1CAi 3t,ucuu1cu amity wuii%ii iiic�tiii�. vvllclu maw, icumug u icviw vi ally ucvcivYliicuL icvicw auy Sitc Yiaii 1_ --- 1_-__'�l_1 _ 1'1_nn -_ -__ cviiuiiiuc� iiiciiivci, icSuviiu«ai 311aii uc uy > �,.w N.iii. 12 not less than 19 working days prior to the next available city council meeting, unless reduced-to r-_ city manager. the wuiGii - bc. Public hearing; notice. Before enacting any planned unit development or amendment thereto, the city council shall hold a public hearing after giving a due public notice. The applicant shall provide a courtesy notice to the owners of surrounding property within 500 feet by certified mail at least ten working days prior to the public hearing. An affidavit must be furnished confirming the mailing of the courtesy notice. ed. ° — ��'- ton Ordinance evidencing decision; reasons. Following its public hearing l�cov 1- and decision, the city council shall render a written resclution ordinance evidencing its decision, along with reasons supporting its action. SECTION 3. Section 118 -43 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words Ordinance 31, 1999 13 . Sti uGn . Sec. 118 -43. Site plan review. (a) The application for site plan review and amendments to an approved site plan shall be subject to the review of the development review committee, the site plan and appearance review committee and the city council, if applicable. (b) The following shall require site plan review and approval by the development review committee and the site plan and appearance review committee prior to the issuance of a building permit, except as allowed in subsection (d)(1) of this section: (1) Any change in traffic circulation or parking layout. (2) Any change in occupancy which increases the amount of parking required beyond what is currently approved for the site. (3) Any change of paint color or color finish on the exterior of the structure. (4) Development of parcels within an approved planned community district master development plan. (c) The following shall not require review and approval by the development review committee and the site plan and appearance review committee prior to issuance of a building permit: (1) A single - family residential structure. (2) Repairs or renovations to a nonsingle- family residential structure when the repairs of renovations shall be made to the interior of the structure or when the facade, roof -line, or exterior dimensions of the structure shall not be changed, unless it meets the requirements of subsections (b)(1) through (4) of this section. (3) The construction of ground level improvements to any structure which changes exterior dimensions such as concrete pads, permanent flower or planter boxes, unless it meets the requirements of subsections (b)(1) through (4) of this section. (d) The site plan and appearance review committee shall be vested with jurisdiction to consider and approve minor site plans. Final approval for major site plans shall be required by the city council. Before submitting a site plan for review, the applicant shall provide the department with sufficient information for the department to make this determination. Ordinance 31, 1999 14 (1) Major site plan. A site plan shall be designated a major site plan if it satisfies one or more of the following criteria: a. The proposed development involves combined land and water area which exceeds three acres. b. The proposed development is a residential project of more than 12 dwelling units. C. The proposed development involves more than 30,000 square feet of nonresidential floor space. d. Any development that the department designates a major site plan because the proposed development is part of a larger parcel for which additional development is anticipated that, when aggregated with the project in question, exceeds the limits of subsection (d)(1)a, (d)(1) b or (d)(1)c of this section. (2) Minor site plan. A site plan shall be designated a minor site plan if it is not a major site plan as described in subsection ( d)(1) of this section. (e) Site plans will be subject to one of the following review procedures: (1) Major site plan; or (2) Minor site plan. (f) SITE PLAN REVIEW PROCESS 0 Pre - application conference. Prior to submitting an application for site plan review, the applicant shall meet with the staff of the Growth Management Department for a pre - application conference. W Submission of application packages u;ru zo irnz growth management department. The applicant shall file a site plan application along with the appropriate fee. Within fivc seven working days of receipt of an application of t 111c ��tublis �cd %Ac a':_., "t.0, the department shall determine that the application is: a. Complete and proceed with the following procedure; or b. Incomplete and notify the applicant in writing as to the deficiencies. To avoid a resubmittal of a new application and filing fee, the applicant must Ordinance 31, 1999 15 submit an amended application within 30 calender days of the date of deficiency notification letter. The department director may waive the 30- day requirement if reasonable progress is being made in revising the application. (3) Development review committee (DR(7) a. DRC meeting. The applicant shall submit the required number of complete application packages to the growth management department no later than 14 working days prior to a scheduled development review committee, meeting. The department shall forward the completed application to the members of the development review committee. The development review committee shall review the application and submit its comments and recommendations to the applicant. The complete application shall be in compliance with all applicable codes prior to scheduling for a planning and zoning commission meeting, unless deferred by the growth management director. The development review committee may consider the application at more than one meeting, if necessary, to complete its review. b. Request for additional information. When a petition has been before the development review committee and additional information is needed by a DRC member the requested information shall be submitted by 12:00 p.m. seven working days prior to the next scheduled site plan and appearance review committee meeting. Should additional information be required by the city engineer, the requested information shall be submitted by 12:00 p.m. 15 working days prior to the next scheduled development review committee meeting or site plan and appearance review committee meeting, whichever is applicable. /'1\ VV r:,L ' - -- '-- `'----'- -- --- --- '� I - - II lj) vvlLlf IV �jP��%%V a inajui �iic IJlail, illc UcvclvjJlllcill LUvicw wininili�� �llail iCvlcw Lllc Plall aIIU L1a11J1111L 1LJ cV111111Li11L5 a11U 1L:cvi1u11c11UaL1V113 LV Lilc JILL, pall a11U ---------- - -- -- --=-- - n-ii -:tt-- - --:t'-=-- --- --- v ---'-' '---- -rte'-- - -r t' QjJjJGal 0.111.1. 1G V1L.W cVllulll LLGG Wlllllll JGVGll WV111111�' UQyJ Vf Luc 1cL+1.1jJL VI Luc ' r- - ii L' -- -3 -1 " t1_: Coinph'-'LC or cl lvll vlllcllLal LacLVlJ V 11%, Jllc la. uciay L111J (54) Site plan and appearance review committee dutics aic Cas IL%jll:,v;s: a. Minor site plan. No sooner than seven working days after all development review committee comments have been satisfied, unless deferred by the growth management director, vpoil ii.: vliuu�uuutivu v ti u� JGivYiilGil`L iv v iv vv °"""" F , a ininor ""t" plar, the site plan and appearance review committee VVllllll:"-- r- a 111111V1 J:+ I Ordinance 31, 1999 16 shall schedule a review of the site plan at its earliest available meeting time and shall approve, approve with conditions, or disapprove the plan. The site plan and appearance review committee may consider the application at more than one meeting, if necessary, to complete review of the request. b. Major site plan. No sooner than seven working days after all development review committee comments have been satisfied, unless deferred by the growth management director, the site plan and appearance review committee shall consider the comments and recommendations from the development review committee at a workshop meeting. The site plan and appearance review committee may consider the application at more than one workshop meeting, if necessary, to complete review of the request. bc. Request for additional information or site plan changes. When a petition has been before the site plan and appearance review committee and additional information or minor revision to the application is requested, the requested information shall be submitted by 12:00 p.m. five working days prior to the next scheduled committee meeting. When any site plan changes are made requiring the review of any development review committee member, resubmittal shall be by 12:00 p.m. 12 working days prior to the next available site plan and appearance review committee meeting, unless reduced to five working days by the committee. d. Transmission of record and action to city council. A record of the committee's action will be transmitted to the building official, the growth management department, and the city clerk. (1) Minor site plan. If the plan was disapproved by the site plan and appearance review committee, a copy of the plan shall be returned to the applicant with reasons supporting its action. The applicant will have the option of revising the plan and/or submitting a new final site plan for review by the committee. (2) Major site plan. The site plan and appearance review committee recommendation and the grounds therefor, shall be transmitted to the city_ council. (65) City council consideration. a. Workshop. No sooner than 23 working days after the site plan and appearance review committee has made a formal recommendation for a major site plan to city ,.__.:16- . -: *„ . I-- --A COUcouncil, r ivu111vvv ui� u i�.�.vuuu�.uuuuvu vi �u�. �iw Yiwi uiu uYYiuiui'ii,�, ivvii. vv caM� ILUCC :;r a � l- Gr SUC Plan, the city council shall schedule a review of the site Ordinance 31, 1999 17 plan. b. Request for additional information; site plan changes. When a petition has been before the city council and additional information or ii -117,o revision to the application is requested, the requested information shall be submitted by 12:00 `- `I -- ` -- 1-- _7 -_7 --1 - \i 71 -- P.M. live Wokkalir UayJ PL1Vl LV L1G Ilk AL JGIIUULGU city cv Ulacl 111"Lil1r'. VV lacil ally J11G p1a11 cllaligcJ ale 111aUG L11G 1G V1GW Vl ally uG VC1Vp111c11L 1c V1GW -- �- -7�+_l L_ll L- 1 --- in - nn - - cVlllllllLwc 111GL11VGl, 1GJUV1111LLa1 Jllall VG Vy 1L. vv p.ai. 12 not less than 19 working days prior to the next available city council meeting, unless reduced to C - -- - - ----1 ---- _ -� •� I, v c w „lnlllg days by the city council. cvilimi ucc. manager. C. Resolution evidencing decision; reasons. Following its decision, the city council shall render a written resolution evidencing its decision, along with reasons supporting its action. `lf dally U1LC1 VVa111 Lalc ucpalllllclll aL LLlc -I. cV111cicalcc, Lhc applICUlIL May 1116 art. aYpllcal1 V711V1 U Jaw p1U11 ujJj„!iV VUl, a Gr.g VV AIL Lllc fAFF1Vp11CLLC Lcc. 1L .] `1� lllc a1./iJllcalal Jllall JUU1111L tllc tct�liilcu 11 LL111UC1 Vi cVlllplcic appllcaL1V11 pacl�a�cJ +_ +1 -- - -1 -- -- -- - -- a - - -- ' -- - a---- --`--- -- -` - -- 1-`--- 4 - --- !. - -----1 _] -_- a --•- ----- --- `- - LV laic plat mir,' a11u /- kinulr' ucpai umw11L 11V laLGl Mall IV mill�,111r uayJ p11V1 LV a - -1 - -1 -`-- 1- -----1-- - 117 •�l_7.- r - a ---- r Jc1GUU1GU plaaimir, alu GVlilg COM11113JV11111G1 lan' VV 1L1111111VG VVVlnll18 uayJ vi 1__ 1_1: -I---1 a__al-*- -- a_+_ +1__ a,__ ---+ -1 - -11 a_+__- --- L_ -+1__. +1__ _ -- L'__+:--- Lill., G3LaU11011GU UGCiuum, uaLG, L11G LLGpa1L111G11L Jllall U"%,1111111G LIML LI1G app11caL1V11 1J. a. Von-,plc LG a11U p1V000U wlLl1 lllc 1VUVw111r, p1VGGUU1 c, V1 a L - --_a _ +:L -.1__ - - +1__ U. Incomy,G LC aild 1lVLily L11G ajJpuGaLLL iii VIAL l8 aJ LV llic UGL1c1c11c1GJ. 1 V r -- -- avviu a 1csu Vllli ++ai vl a iicW appicauvi aiu liiliib 1G, LU%, appi1i' caaii iiiuJl l --_ -I _ -_a_a _ - -v __+:_-_ _ : +L: -_ 'I n a ---- _r�l__ a_�_ Ju -unit ail aiiicaaucU appiica i vv LL11111 -)U uayJ Vl L11c uaLG Vl ucliciciicy notillcaLIV111 aac . laic UllccLvi may wa1VG ui%, JV -uay ic11u11ciiacnt 11 1- 1- -- -- - -- - - -- 1- -- -- --A-'------- '- '-- -+1__ L•_ -.._-- i caJviiauic piuriCSS 1J UGlllb' 111aUC LLl acviJiiir' uac ai.Jpm auvii. I,)'% L Li% w"FCLLLLLliliili ailcui Zvi vv'aiu iVFI%,J of ti1i, _:+- ic Yiai1 L LILI- 1111%11111viiJ of ihl.: uc V clVplllc111 1c V lc Vv cV111111111cc. 111%, Uc V G1Vp111c11L L%,_v'il, VY \, V1111111 LLCC JILU11 c V11J1UC1 Lllc LVa1V VV 111. U. L,11CU acLCl lJ UCJ VL Lllc JlLC aL1LL JUl1V WLUll1� a1 cU, 111clUVal1�, llllp V1 La11111ULU1 Ul (111LL lllulllllaLLC 1cULU1 cJ, L11c J1LC a11U UcccJJl UL11 Ly V1 L11G 31LC, Ulau Jd11VU11LL111r, land UJGJ. V. "L%' ilululc VL 111c p1VpVJCU LLcVClVplllcllL, ialc1vu111F', 1CU1u "a%, LypcJ CLL1LA %A .1101LIc0, LLlc U1:,p1VA1111ULC LV LUl �1 Vi.ulu cV V'l,rU�,V Vl puVCU url,UJ u11U JLl UCILU CJ, (.Ll1U Ly pcJ Vl VV ULCI a11U Jc VV Cl LlcaL111c111 J.Y'J LC111J. Ordinance 31, 1999 18 �.. %- 3LLaVluliLy GL L`1 YivyvaGU A uCVCavruaclaL vv1L11 4-11- 1G wliiYaClaclaJlvG Vacua, ah1S G11CLFLG1 ulau VLL1G1 uiJt.711GUUIG V1 u111u11GGJ V1 L11G C1Ly. u. VL11G1 aYF11GUV1G 1uGLV1J u1aU a JL %10%G.1«a: tV_G..0 a tV..y . �L VVa11Ja « G,.a1,1L, .1J1:_. G Plan, land ucvcaViJUac11L cvuc, Or Luc Yi�.vuaauas yVUGaw va Lllc c1L.y. /',\ 7l____7______ _� -1 __"_L_____ Tl__ 1_____ ___L 1___11 r__ - -___ A 1_ `J) J./r- VULU.Puturtt i "G Vic VV L U1111 %iil6GG -Ufla LUG /Ullu /L, 1116 UG1Jal Ul1C11L Jllall LVl WaiU L11G i,viiijJlCLCU applicauvu to LuC iiiviiiuclJ V1 Luc uCVGIUjJII1c11L i%viUW wiiliiu%%cU. Illc �____1 _________ UG VG1ViJ111G11L 1GVaGW GVlllllll LLGG J110.aa 1GV1GW L11G alJp11C0.L1V11 0.11U 6UU1111L lW to LuC ajJFIlcallL. LILC wiu�JlCLC appiiCaLav11 OLlall 1 -- '-- -------1'--- -- ---'L7- -1t -- plic-101- --,-- ----'--- L"' - l-i%-w --1n--- r--- - --'L- --1 --- --- 1 UG 111 GV1a1�/11a11GG WaL11 all 0.1.J1.J11C0.V1G GVUGJ �.7�1V1 LV JG11cUU1111�' 1V1 0. JLLG 1J1a11 a11U ---- ' -- -°1 1 - -- Ll -- 11 �--- - -�.1_ d_---- -- 0000 -� a�J1JGCUaucc lCVlcw wuluuLLCC lllcculir" uniLSS walvcu by LUC vluww lvlallar'G111G11L Ll i1 GGLVi. Luc 1lGVG1V�J111G11L 1 \GVIL;W 1"V1111111LLGG illay GvilJluGl IIIC appllcauvll at 7-"'-- •r- --___' 0_000 - -1 -L_ 4-- - -1 -" -" -"� - - 1 iuvic Lllcul viiv iucciiii , it uccCil�cuy, Lv wiiiiJIULC 1L� icvicw. Lv u1G �Llalllllllg' aiiu /- uliiiir, %,uniiii Soivii wiiii ocvCii wvitiug uayS of Lie JLU"ipt, Vi Liic %'VinpletC application. /A\ AT TL7_ 1___ 1__ A -___1 k't) vv1L11 ivOjJ"L iv a iuiuvi �i%c jJlall, Luc UcV%,IVV111c11L icvivw wiiliii1LLGG Jllall icvivw L11G Flail a11U LLa11J1111L 1L3 GV111111G11W al1U 1GGV11ll11C11U0.L1V11J LAY Lilc 31LG plau a11U vviiii ILLUL, wiiiiiii Ovvk.;ii wv r mr, uaya aiLii iuceiving Lhc 1 -L--1 `-`1'--L"-° r--- -'L- --1 --- 1 L-,v v -r - ----"---`- - ---L-1 r -L---- wiiij/1Cwu a}7iJllCauvu LVL auc 710.11 aj7jJivval. l�cvlcw ul c11v11uluilGUla1 LaCLVIa vii ulc RLU may uclay L111J icvicw P10cess. SECTION 4. Section 118 -45 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words Su uck). Sec. 118 -45. Miscellaneous review. (a) When a request is not applicable to any of the development review processes mentioned in this article, the plurlrlirlg nrlu zvrlirlg growth management director, at the director's discretion, shall determine when the request will require review and approval from the city council without the intervention of the planning and zoning commission or the site plan and appearance review committee. (b) The required number of complete applications for any miscellaneous land use issues shall be filed with the plaiiiiing aiiu zoiinig growth management department +6 24 working days prior to a scheduled meeting of the city council or planning and zoning commission, as applicable. Ordinance 31, 1999 19 SECTION 5. Section 118 -48 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words ,_ iii uGn). . Sec. 118 -48. Conditional uses. ka) l llc a1JlJllcall! LVL a GVilillb' cVilUlLlVllal UJG Jllall JUVlllll U1G 1c11U11GU 11U111UG1 Vf coa- -plcic appllcaticii packages LV 111G Pla mang gild GVlllli dc'palullciit 11V lalcl LLlan IV VVVlrilllg -1 - - -- -- --- �- 1-- , --1 --1 - -1 -" -" -- -- --1 - -" --- - 117!.1 X - -- -- 1 --- -- -1 UaV3 llllVL lV a Jc1lcUulcU 1J1a1ll1111r' al1U GVlllllr' cV1111111JJ1V11 lllccllllb'. VV lllull 11VC wvinulg uayS Of t1__ 1-,7-1- -`1 J-- -11• --- -1 -�- , -- A -- - - --�- -1 --11 -1-'�---- - -' - -- A -_� A-- - - -1'-- , - -- llc c.Jtaun3ilcu ucalllillc uai.c, lllc UclJalllllcill. 311all Uciclllllllc 111aL lllc aplJllcauvll 1J: (a) CONDITIONAL USE PROCESS The application for a conditional use or an amendment to an approved conditional use shall be subject to the review of the development review committee, the planning and zoning commission and the city council, as follows: (1) Pre - application conference. Prior to submitting an application for conditional use, the applicant shall meet with the staff of the Growth Management Department for a pre- application conference. (2) Submission of application packages to phitii.ii,ie un" zuit;nr growth management department. The applicant shall file a conditional use application along with the appropriate fee. Within five seven working days of receipt of an a pp lcatlon v` uic csiau' l lL' Jlcu dcadmi, - u a`c , the department shall determine that the application is: (+)a. Complete and proceed with the following procedure; or (-b. Incomplete and notify the applicant in writing as to the deficiencies. To avoid a resubmittal of a new application and filing fee, the applicant must submit an amended application within 30 calender days of the date of deficiency notification letter. The director may waive the 30 -day requirement if reasonable progress is being made in revising the application. (3) Development Review Committee (DRC) a. DRC meeting. The applicant shall submit the required number of complete application packages to the growth management department no later than 14 working days prior to a scheduled development review committee meeting. The department shall forward the completed application to the members of the development review committee. The development review committee shall review Ordinance 31, 1999 FA the application and submit its comments and recommendations to the applicant. The complete application shall be in compliance with all applicable codes prior to scheduling for a planning and zoning commission meeting, unless deferred by the growth management director. The development review committee may consider the application at more than one meeting, if necessary, to complete its review. b. Request for additional information. When a petition has been before the development review committee and additional information is needed by the DRC , the requested information shall be submitted by 12:00 p.m. seven working days prior to the next scheduled site plan and appearance review committee meeting. Should additional information be required by the city engineer, the requester) information shall be submitted by 12:00 p.m. 15 working days prior to the next scheduled site plan and appearance review committee meeting. (4) Planning and zoning commission. a. Workshop meeting. No sooner than 7 working days after all development review committee comments have been satisfied, unless deferred by the growth management director, the planning and zoning commission shall consider the comments and recommendations from the development review committee at a workshop meeting. The planning and zoning commission may consider the application at more than one workshop meeting, if necessary, to complete review of the request. b. Request for additional information. When a petition has been before the planning and zoning commission and additional information to the application is requested the requested information shall be submitted by 12:00 p.m. five working days prior to next scheduled commission meeting. When the requested information requires the review of any development review committee member, resubmittal shall be by 12:00 p.m. 12 working days prior to the next available planning and zoning commission meeting, unless reduced by the commission. c Public hearing. After review of the request, the planning and zoning commission shall schedule a public hearing with public notice and shall notify the applicant. The applicant shall provide a courtesy notice to the owners of surrounding property within 500 feet by certified mail at least ten working days prior to the public hearing. The names and addresses of such owners shall be furnished by the applicant. An affidavit must be furnished confirming the mailing of the courtesy notice. d. Record of proceedings. The planning and zoning commission shall hold a public hearing and shall prepare a record of its proceedings on each case. The record shall be filed in the planning and zoning growth management department and Ordinance 31, 1999 21 shall be a public record. e. Transmission of record and recommendation to city council. A copy of the record, together with the planning and zoning commission's recommendation and the grounds therefor shall be transmitted to the city council. /1_\ Tl_- --I ------ - -_.l ____. --- 1__11 L_�__1 _.- 7_1]_ 1_- -_] -_- -4 41 - lUf 111; Flail-111116 auu L.Ulllur, GV11ll111JJ1V11 JLlall JlJucuull, a lillu 1G 11Ga1 lllb' aL L11G ----1i-st ----'1-t-1- ---- -�'- -- '1-'- -f --- - '- % ----1-1 -- llk �lLA Gal 11GJL 0.Va11QU1G 111GGi111�' LL0.LG a1LG1 a UUG �JUUIl; 11V L1GG. f. Recommendation of approval. In recommending approval of a conditional use, the commission must find that the following conditions exist: (1) It is empowered under the section of this chapter described in the application to grant the conditional use. (2) The regulations governing individual conditional uses, as set out in the chart of permitted and conditional uses in section 118 -246, have been or can be met. (3) Satisfactory provisions and arrangements have been made for the following items, where applicable: Ordinance 31, 1999 a. Ingress and egress to the property and the proposed structures located thereon with particular references to the safety and convenience of motorists and pedestrians, traffic circulation and control, and access in case of fire or catastrophe; b. Off - street parking and loading areas where required, with particular attention to the items mentioned in subsection (b)(3)a of this section and the mitigating noise, glare, or odor caused by the conditional use on adjoining properties and properties generally in the district; C. Refuse and service areas, with particular reference to the items mentioned in subsections (b)(3)a a-Rd (b)(;)L• (C)(3)1 and (C)(3)2 of this section; d. Utilities, with reference to locations, availability, and compatibility; e. Screening and buffering of adjoining properties with reference to type, dimensions, and character; 22 f. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, and compatibility and harmony with adjacent properties and properties in the district generally; g. Required yards and other open space; and h. General compatibility with adjacent properties and other property in the district. (4) The conditional use will be in harmony with the general purpose and intent of this chapter and the goals, objectives and policies of the city. (5) City Council consideration (c) Upon the recommendation of the planning and zoning commission, the city council shall hold a public hearing on the application at its earliest available meeting time after giving a due public notice. The council may approve, approve with conditions, or disapprove the application as submitted. a. Workshop or first reading. No sooner than 23 working days after the planning and zoning commission has made a formal recommendation to city council, the city council shall examine all such applications, reports and recommendations transmitted to it and shall take such action as it deems appropriate. b. Request for additional information. When a petition has been before the city council and additional information or iuiiioi revision to the application is requested, the requested information shall be submitted by 12:00 p.m. 19 working days prior to the next available city council meeting, unless reduced o ftvc days by the city manager. C. Public hearing; notice. Before approving a conditional use or amendment thereto, the city council shall hold a public hearing after giving a due public notice. The applicant shall provide a courtesy notice to the owners of surrounding property within 500 feet by certified mail at least ten working days prior to the public hearing. An affidavit must be furnished confirming the mailing of the courtesy nout't— I lie city cVulmal shall iiviILi a YuviiC iiccuuig ulwi LiviuE, uu%, Yuvu�. uWuw. (�}d. The city council shall have the power to revoke conditional uses for noncompliance with recorded conditions. The city council shall have a right of action to compel offending structures Ordinance 31, 1999 23 or uses removed at the cost of the violator and may record a lien against the property to recover its costs. (3)f. The code enforcement officer shall review all conditional uses except those for which all conditions have been permanently satisfied, as necessary or directed, and shall have the power to inspect the land or structure where the conditional use is located in order to ascertain that the landowner is complying with all of the conditions which are listed with the conditional use. If the landowner is not complying with all of the conditions listed with the conditional use, the code enforcement officer shall report the fact in writing to the city council. The report shall state specifically the manner in which the landowner is not complying with the conditions of the conditional use, and a copy of the report shall be furnished to the landowner at the same time that it is furnished to the city council. The city council shall hold a hearing on the report within a reasonable time, and notice of the time and place of the hearing shall be furnished to the landowner as required by law. If the city council finds that the facts alleged in the report of the code enforcement officer are true and that the landowner has not taken the steps necessary to fully comply with the conditions between the date of the report and the date of the hearing, the city council may authorize the city manager to revoke the conditional use and take the necessary legal action to cause the termination of the activity on the land which the conditional use authorizes. SECTION 6. Section 118 -50 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words Sti u%n). . Section 118 -50. Submission requirements. (2) Planned community district. Review of an application for a planned community development district shall be based upon the submittal of a master development plan for the district. Each development parcel within an approved PCD master development plan shall then be subject to the site plan review process before a development order for that parcel is issued. n. Landscape Plan. A landscape plan which includes the location of landscape buffers or screening walls along external collector and arterial roads, with landscape plans for entrance features, buffers and common areas in compliance with chapter 98, unless waived by the city council. Landscape plans shall indicate the planting symbols on the plan at the same scale as the proposed landscaping at the time of planting. Ordinance 31, 1999 ' (3) Site plan review for parcels within PCD and PUD. Site plan application for individual parcels within an approved PCD master development plan or an approved PUD shall include the following: a. Scale. The site plans shall be at an appropriate scale illustrating the following: 13. Indication of all exterior lighting elements, including, but not limited to, building security lighting, landscaping highlighting, parking garage lighting, porte coche or canopy lighting, signage backlighting or uplighting, building uplighting, parking lot lighting and decorative lighting. The plans shall include location, height, type, footcandles, including cut sheets and photometric plans; g. Landscape plan. A landscape plan which includes the location of landscape buffers or screening walls along external collector and arterial roads, with landscape plans for entrance features, subdivision streets, buffers and common areas in compliance with chapter 98, unless waived by the city council. Landscape plans shall indicate the planting symbols on the plan at the same scale as the proposed landscaping at the time of planting. h. Major architectural elevations of buildings. Illustration of major architectural elevations of buildings /structures for style of architecture, height in stories, type of materials, exterior colors, unusual features, and others. Architectural features shall be included on all elevations of the buildings /structures. A roof plan shall also be included For a phased development, this information need not be provided for phases proposed for future development. All mechanical equipment mounted on a roof and wall exhaust fans shall be located on the plans and shielded by plant material or architectural devices compatible with the building. Architectural elevations of signs. Illustration of architectural elevations of all signs on the site indicating the location, size, landscaping, design lettering, type of materials, colors and other features. j. Aerial photograph. An aerial photograph of the appropriate section, township and range of the city, outlining the subject property and delineating all contiguous zoning districts. k. Statement of planning assumptions and objectives. A statement by the applicant of the major planning assumptions and objectives of the development project, including but not limited to: Ordinance 31, 1999 25 Projected population; 2. Proposed ownership and form of organization to maintain common open space facilities; and 3. Proposed density and land use for each parcel within the project. 1. Renderings. Perspective renderings indicating how all elevations of the buildings and architectural features interact. Architectural renderings shall depict landscaping, as proposed on the submitted landscape plan, at best estimation, its height and size at five (5) _years from the date of planting. -l:m. Other documentation. Other documentation necessary to permit satisfactory review under the prevailing policies of the city, and the requirements of these and other applicable regulations as required by special circumstances in the determination of the planning and zoning department. m.n. Filing fee. The applicant shall pay the official filing fee, as required by the city, at the time of application filing. (4) Planned unit development. The planned unit development application shall include the following: a. Scale. The plans shall be at an appropriate scale illustrating the following: 10. Indication of all exterior lighting elements, including, but not limited to, building security lighting, landscaping highlighting, parking garage lighting, porte coche or canopy lighting, signage backlighting or uplighting, building uplighting, parking lot lighting and decorative lighting, location, height, type, footcandles, including cut sheets and photometric plans; q. Illustration of major architectural elevations of buildings. Illustration of major architectural elevations of buildings /structures for style of architecture, height in stories, type of materials, exterior colors, unusual features, and others. Architectural features shall be included on all elevations of the buildings /structures. A roof plan shall also be included. For a phased development, this information need not be provided for phases proposed for future development. All mechanical equipment mounted on a roof and wall exhaust fans shall be located on the plans and shielded by plant material or architectural devices compatible with the Ordinance 31, 1999 26 building. Landscape plan. A landscape plan which includes the location of landscape buffers or screening walls along external collector and arterial roads, with landscape plans for entrance features, subdivision streets, buffers and common areas in compliance with chapter 98, unless waived by the city council. Landscape plans shall indicate the planting symbols on the plan at the same scale as the proposed landscaping at the time of planting. W. Renderings. Perspective renderings indicating how all elevations of the buildings and architectural features interact. Architectural renderings shall depict landscaping, as proposed on the submitted landscape plan, at best estimation, its height and size at five (5) _years from the date of planting. max. Other documentation. Other documentation necessary to permit satisfactory review under the prevailing policies of the city and the requirements of these and other applicable regulations as required by special circumstances in the determination of the planning and zoning department. Filing fee. The applicant shall pay the official filing fee, as required by the city, at the time of application filing. (5) Site plan review (for parcels not in PCD or PUD). The site plan review for parcels not in a PCD or PUD shall include the following: a. Scale. The plans shall be at an appropriate scale illustrating the following: 10. Indication of all exterior lighting elements, including, but not limited to, building security lighting, landscaping highlighting, parking garage lighting, porte coche or canopy lighting, signage backlighting or uplighting, building uplighting, parking lot lighting and decorative lighting, location, height, type, footcandles, including cut sheets and photometric plans; m. Landscape plan. A landscape plan which includes the location of landscape buffers or screening walls along external collector and arterial roads, with landscape plans for entrance features, subdivision streets, buffers and common areas in compliance with chapter 98, unless waived by the city council. Landscape plans shall indicate the planting symbols on the plan at the same scale as the proposed landscaping at the time of planting. Ordinance 31, 1999 27 q. Illustration of major architectural elevations of buildings. Illustration of major architectural elevations of buildings /structures for style of architecture, height in stories, type of materials, exterior colors, unusual features, and others. Architectural features shall be included on all elevations of the buildings /structures. A roof plan shall also be included. For a phased development, this information need not be provided for phases proposed for future development. All mechanical equipment mounted on a roof and wall exhaust fans shall be located on the plans and shielded by plant material or architectural devices compatible with the building. U. Renderings. Perspective renderings indicating how all elevations of the buildings and architectural features interact. Architectural renderings shall depict landscaping, as proposed on the submitted landscape plan, at best estimation, its height and size at five (5) _years from the date of planting. tt.v. Filing fee. The applicant shall pay the official filing fee, as required by the city, at the time of application filing. lf:w. Other information. Any other reasonable information which may be required by the planning and zoning commission. SECTION 7. Section 118 -213 of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to read as follows (added words underlined; deleted words Sec. 118 -213. PUD planned unit development districts. (j) Waiver. Any proposed PUD that does not conform with the PUD standards set forth in these land development regulations 1111) JlllJ 11V11 Vl 111 Llll! JUi./il1G111G111C11 y 11:rU10.11V113 GJlCLV11311GU 111 ai Lick v of tllis dllaftel must have a waiver from such standards from the city council. A written request for a waiver from any applicable PUD and underlying zoning district standards established in the ii1c5%, r�gnlaLIVils LDRs must be filed concurrently with the applications for PUD approval or amendment or site plan approval or amendment of a portion of an approved PUD, as applicable. The uses prohibited in the PGA Boulevard corridor overlay as referenced in subsection 118- 280(d)(1)b may not be waived. The other requirements of the PGA Boulevard corridor overlay may not only be waived, unless apyTvvcd by the city council. A waiver is considered for innovative design whereby other minimum standards are exceeded. SECTION 8. Section 118 -214 of the Code of Ordinances of the City of Palm Beach Ordinance 31, 1999 28 Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words Stfuck). Sec. 118 -214. PCD planned community districts. (g) Waiver. Any proposed PCD that does not conform with the PCD standards set forth in these land development regulations «us s�ction of tllt, 3UYyI-lllk lILa_ rcgulaLlVIl3 111 _U_1 ,1 - of this chapter must have a waiver from such standards from the city council. A written request for a waiver from any applicable standards established in these icr-,ula%iGuS LDRs must be filed concurrently with the application for PCD master development plan approval or amendments or site plan approval or amendments of individual development parcels of the PCD, as applicable. The uses prohibited in the PGA Boulevard corridor overlay as referenced in subsection 118 - 280(d)(1)b may not be waived. The other requirements of the PGA Boulevard corridor overlay may not only be waived, unlcss of frovcd by the city council. A waiver is considered for innovative design whereby other minimum standards are exceeded. SECTION 9. Section 118 -473 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words Siiucn ). Sec. 118 -473. Location. (d) Parking lot configurations shall maintain a minimum of 100 feet stacking distance from arterial and collector streets to the first instance of two-way traffic. Parking lot configurations shall maintain a minimum of 75 feet stacking distance from local streets to the first instance of two -way traffic. SECTION 10. All ordinances and resolutions of the City, or any part thereof, which are in conflict with this ordinance are hereby repealed. SECTION 11. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. SECTION 12. The City Clerk is hereby directed to ensure that the contents of this ordinance be codified as part of the City Code of Ordinances. Ordinance 31, 1999 29 SECTION 13. This ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 1999. PLACED ON SECOND READING THIS DAY OF 1999. PASSED AND ADOPTED THIS DAY OF 1999. MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK ATTEST: APPROVED AS TO LEGAL FORM AND SUFFICIENCY. LINDA V. KOSIER, CMC CITY ATTORNEY CITY CLERK VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK GALong Range \develop.ordl.wpd Ordinance 31, 1999 30 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: July 15, 1999 Date Prepared: June 23, 1999 Subject/Agenda Item: Workshop /First 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 recommends approval of Ordinance 32, 1999 Reviewed b� Originating Dept.: Costs: $_0 Council Action: �k Total City Attorney a Growth Management [ ] Approved Finance N/A W $ 0 [ ] Approved wimmftions IL? Current FY ACM [ ]Denied Advertised: Human Res. N/A Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Other N/A Paper: ( x ] Not Required ( ] Other N/A Ordinance 32, 1999 Submitted by: Growth Management Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: 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 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 Agenda Cover Memorandum Petition AX -99 -01 Page 2 July 15, 1999 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. ts k u R -4 VbT tM i0. :)r • - 17-1 • • a t+ rs i —it ft'lil t. . �. _ _ �'• r y.c b xq,os , t' ! s �+,i a. .a -. - +ate.•' Ir r t y' WZ- Ad 11 r � .•ti I`.r"'r- • ®. . 0 ��• 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 HEREWITH; 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 5. 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. CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO \GAL.ong Range \ax9901.ord.wpd Ordinance 32, 1999 Page 2 Exhibit "A" I "MARINA GARDENS - LOT 8111 LEGAL DESCRIPTIONS February 23, 1999 BOUNDARY SURVEY FOR: MUTUAL LAND DEVELOPMENT, CORP. IThis survey Is made specifically and only for the following parties for the purpose of a dosing on the surveyed property. i. 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. IPROPERTY ADDRESS: 2326 Idlewild Road, Palm Beach Gardens, FL 33410 LEGAL DESCRIPTION: I A parcel of land in the Northeast on"uarter 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 870 47' 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. O t 10-1 .93 gip) R b I Q I o 9040 l 904 0 E-S,-n7- IN I PG4-mo 87 °4742 "E (oJ $ ;' S-$7 °48'23 Po .8 V ,M m� 011VC7K-) K-, 0 o tq—WA4.L,0.8'CL.M. 0 /3.0 d). 0 j A/ COMC. ' GC. O 0 '7- /vEr C? G'C'S-S- WALL 30.0o1f WOOD FENCE, 0.3,-/- 0 //V O.R.B. /(365. ":"-'74 DOES IVO7-AFFEC7-77VIS PR0PITA:,7-y 1UPLUICESURVEYffirl C 0 It P 0 ft A T 1 0 k INIIgMIr Ste[ it?. way Pkm KACK ROFMA 3W?. 158116404551 FIELD �J+C JOB NO F. 51,186Fo Z7 DATE O":'C' DWG N�--- REF o, CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 22, 1999 Meeting Date: July 15, 1999 Subject/Agenda Item: Workshop/ First 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 b t Q Originating Dept.: Costs: $ 0 Total Council Action: City Attorne nSr—,J ` Growth Management [ ] Approved N - Finance N/A $ 0 [ ] Approved w/ Current FY conditions ACM ' [ ] Denied Human Res. N/A Advertised: Funding Source: ( ] Continued to: Other N/A Date: [ ] Operating Attachments: Paper: [ ] Other N/A City Engineer memo of [ x ] Not Required June 22, 1999 City Forester memo of Submitted by: June 17, 1999 Growth Management Dir. Affected parties Budget Acct. #: Kin ley -Horn analysis of June 15, 1999 Reduced site plans, landscape plans, and drainage plans Ordinance 34, 1999 Approved by: [ ] Notified [ ] None City Manager ( x ] Not required BACKGROUND: The Christ Fellowship Church is located 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, 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% W' 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" 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 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 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 staffs 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. 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 D. Procedure This is a request for a site plan and conditional use amendment. The request is reviewed by the Development Review Committee, which forwards comments and recommendations to the Site Plan and Appearance Review Committee and Planning and Zoning Commission. Acting in an advisory role, the Committee and Commission make a recommendation on the proposed request to the City Council. The City Council reviews the request for site plan and conditional use amendment for consideration of approval, approval with conditions or denial. Please note that with 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 (CU- 97 -04). The amendment to the elevations, setbacks and other physical site plan changes and the sigtiage will be reviewed as a site plan amendment to SP- 97 -03. The time extension for the modular units will apply to CU- 96 -07. 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). Allowing a time extension for the existing modular units to extend the time of the previously approved temporary conditional use to c. o. of the north site (currently anticipated to be Christmas 1999, according to applicant). 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 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 "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, and 1 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 staff's request for a 1:3 parking ratio. 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 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 which will require the petitioner to obtain a sign -off from the Palm Beach County Health Department that the present system is adequate. The church is already required by a previous condition to tie into public sewer once it becomes available. 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 additional information with regards to drainage, water quality and water quantity, 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. The petitioner must obtain a letter from the Palm Beach County Health Department indicating that the existing septic system is adequate to safely service all of the existing uses on this property. 2. Simultaneous broadcasts of presentations, programs or sermons conducted on the north campus to the south campus shall be prohibited. 3. 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. 4. 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 PoliceDepartnent at all ingress and egress points along Northlake Boulevard for the management of traffic flow and direction before and after events. 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.cc1 /jn &jl 6 -09 -1997 0:4SAM FROM 1ST UNITED BANK SG 691 13 P.A y 6- 09 -19g7 1 : 17PM E�. ?t 1ST UNITED BANK LW 1 ap7 433 f1_ : s P- ,d 4RS 6679 Ps 802 -• PARCEL 1, A parcel oY land lying and bring in the Northeast Qvarttr of Vectlou, 23r Townobtp 47 50vi11, RenQt 1= Eat7tr 1'03tM 816th County. Florida. "cc psrticularly described a*, to] tcom the f:ortt+tast.acctivn corner d! 441d vwctlon 23. Sgwnihlp 47 South, hangs 47• East, LhraCt 5ovth 00 V*grt*t. 0:) minutes, 46 seconds Best along the Last 111x of said section-23r a distsnee . o, 307.15 f *ct to a point lying on rise Souchetn Right -of -Nay IlAt of Lake Perlt ktst Road as now laid ovt and in w e; thence Kcrt along said Soother" 3tiyht- 01-wky lire a distanct of 1606.00 feet to- tit 'Point of beginning arse the Vocthcast corner of tho hrrvl"16wr dwaCribed parcel: 4: R>Kt continue wwvt along *old Southerly Rl4at- of-Vay line a distance of 306.40 iat to a poir+t, -thence South a•diatanc* of 5S0.00 sect to a points th4roce l=ast * dintanec of IS6.4a fret to a point a: chive ConCaYC to the Horthww.t, thcnas ssortherly and Cttattr3r along LAC are of eaid curve, hav4nq a radius of $00 feet aM a central angle of 15 Degrees. 41 Ninth— 31 Eecon3s. a distance of 33: fttt to a Paint th* tie* North w distance of S3s.16S tees to the point of btQin+alnp. Lres the South So feet thereof for canal Right -•of-Kay as conveyed by Right - of -s +ay Deed reeordad i„ Officlal Record Book lstl. Page 211. and Lesa the north 30 tttt tnc ;rot ss coaVvycd by Eisht -of- way D1e4 r*CPrdbd in Official AVC994 209% 4171. 7a94 .175). aARCM Zi Lot in 'Nor 1NC=OVD- part of unzmocded plat of HOF- SCSx0Z ACRES .er< particularly deteriird as tollova; commaocin4 at the NOrthwtst corner of tbm Lost he3f of Section 23 in TpvAahip 12 South# AaAse tx T.ast, Palo Otacb County. Flortdo, tbWOCe savtb along the Utat lihe of meld Fist halt Ot $eCtiOA 23 of an Assub *d bearing South 0 oegrees, 01 o1notea, 53 Seeondt Knot a distance of 107.45 feet to a point in the South RigY.t-of- Kay Iine of Lake Dark hest ReaQa thence at bvAring duo t:sst siot,p 4014. R19ht -01 ^Way lint Ia dlttsa, of 507.96 f*4C to the bec"wect corner of the parcel eaeor; tbed hecgln and th4m Point oC avItaeinq; thence continue at btarthy dur cast a diatap" 150 test to : points thenct At searing due Mouth a distance Sao ttet to a point to the North Right -of -Nay it"t vt Canal 1tts. If thence at btariaq eve wtert V wav the eaid Right -of -war line a distance 150 feet to A point; th *ne* Kt boring eve Korth a distance Soo ftet to the poitst of selianihs. Less the north 30 feat thereof as eonyeycd to Right -of -stay Deed recorded In Official Record Book 4371, page 1257. MI 1 13 1 i A' • 6:EGOROyLwt�ER ...vw.v.Nd�.. wiJr►OfAG•tCOurrstt. FL4. JUN -22 -1999 17 =38 LBF &H - STUART 561 286 3925 P.e2iO3 &b(0 LINDAHL, BROWNING, FERRARI R HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYOR$ & MAPPERS MEMORANDUM TO: Kim Glas FROM: Tammy Jacobs DATE: June 22,1999 (Supercedes comments dated June 18, 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 wager 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 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. W50 S.W. CORPORATF PARKWAY - PALM CITY. rt.Of1DA 34990 - (501) 2563883 - FAX: (561) 28638 npp: //WWW.b.com - e-mail: infoUbttLCOM PAI M CITY WEST PALM 14FA(.11 "T PIERCE OKEEC HOBEE H -22 -1999 1 7=38 LBF&H - STUART 561 265 3925 P.03iO3 Palm Beach Garden Christ Fellowship LBM Fyle No. 90 -1033 Page 2 of 2 S) 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 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 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 wiIi 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. Tr P ;lPBGMEMoU o33r..doc c: Bobbie Herakovicb. Roxanne Manning TOTAL P.03 0 Memo to File Date: June 17, 1999 From: Mark Hendri ckson, City Forester /y1Z Re: 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. 13--* 06/15/99 16:54 FAA ,561tj8Z37U:1 /►j � � iGmiey -Hom �J and Assodates. Inc. June 15, 1999 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: et r As requested, Kimley -Horn and Associi�±es, 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 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 will be provided via one full access driveway (across from the south campus' west driveway) and one right -in, right -out driveway (just west of the south campus' central driveway) on Northlakc Boulevard. The central and east driveways accessing the south campus will runnain open after completion of the north campus construction. The west driveway will be closed to south campus traffic. Existing conditions were quantified for Northlake 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 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 evaluated using the signalized intersection methodology set forth in the 1994 Highway Capacity Manual. With traffic control being performed by off -duty police officers, the driveways operate similar to demand ■ � 661 mow FAX 561 50 6175 WJUU[ /010 i■ t EmbaRa*ro Dice West Pam Beach, Florida 31407 `( . ,06/15/99 16:55 FAg 5618823703 10003 /010 K %,-Horn P%darTbamu 4 MuKkv4 J— IS. Mg. T&V 2 and Associates, We. activated signalized intocscetions. Tha existing driveways were found to be operating at acceptable levels of sarviee. 'This was confirmed during a visit to the site during the peak operating hour. Attached are intersection capacity analysis worksheets which indicate very acceptable levels of service on Sunday moming. IluRdout conditions wcm estimated through intcrprolation of the existing church traffic. Chuxxoh officials have agreed not to hold aimultancous services, however. to present a conservative analysis the proposed driveways were analyzed as if both the north aid south campuses operate at full capacity with the same schedule for church services. It was found that all proposed driveways will operate at acceptable lcvcls of scrvice based upon signalized intemctiou capacity analyses. Attached are intersection capacity analysis wadmheets which indicate very aaecptable levelg of service on Sunday morningge even if church services occur on both campuses at the same time. We should note- that the traffic conerureaoy issues for the south campus are independent of conewrcncy issues for the north cau4ms. We Ahould also* note that the concurreney approval for the north campus did not assume ftt the south cAmnns ceased to function. Tn fact,. the north campus txnffic was added to existing traffic volumes which include traffic from the south campus. Therefore, traffic concurrency is not an issue. It has been a pleasure working with you on this project. If you have any questions, please do not hesitate to call. Very truly yours, IPA Florida registration Number 19562 Attacinnents i� 06/15/99 16:55 FAX 5618823703 U004/010 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- KHA File Name: WAMEX.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 _ La-nes 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 MB 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 Fight 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 Flow -- 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 /4 voiiaiaa lo:00 VAA b0jbb ZJ7U3 10005/010 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: CIAMEX.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 WfOR 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 EB Right NB Right WB Right SB Right Green 6.OA Green 6-OA 16.OA Yellow /AR 4.0 Yellow /AR 4.0 4.0 Cycle Length: 40 secs Phase combination order: 41 #5 #6 Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: Mvmts Cap Flow Ratio Ratio Delay LAS 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 2367 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 rZ VVia:iioo aV.:1il rtiA auaoocaru� W-1 Vuu/Ulu HCM: SIGNALIZED INTERSECTION SLIAMARY Version 2.4f 06 -13 -1999 Kim].ey -Horn And Associates, Inc. Streets: (N -S) East Driveway (E -W) Northlake Boulevard Analyst: KHA File Name: EAMEX.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- BB 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 LOS Delay LOS NB R 277 1583 0.466 0.175 10.5 B 10.5 B ED 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 - A Lost Time /Cycle, L = 6.0 sec Critical v /c(x) = 0.403 Ub/lbiaa lb:bb FAA 5UI81JZ37u:S U007/010 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: KHA File Name: WAM- FUT2.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 c 0 Volumes 704 177 136 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 E5 Left Thru Thru Right Right Peds Peds SB Left * WS Left Thru 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 = 9.0 sec Critical v /c(x) = 0.645 06i15iaa 16:56 FAX 5618823703 U 0081010 HCM: SIGNALIZED IN`IERSECTION SUMMARY Version 2.4f 06 -13 -1999 Kimley -Horn And Associates, Inc. --------- �- - -__—. —� C C - -... �-C C---- CC = - -C Ls�C L" C - -C G--- .�.�.. .=• G--- �-- c - -.... -- C - -.. —. -- 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 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 Green 6.0A 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 SB R 165 1583 0.222 0.117 15.6 C 15.6 C ED 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 A Intersection Delay - 0.9 sec /veh Intersection LOS = A Lost Time /Cycle, L = 6.0 sec Critical v/c W = 0.353 n HCM: SIGNALIZED INTERSECTION SUMMARY Version 2.4f 06 -13 -1999 Kimley -Horn And Associates, Inc. Streets: (N -S) Central Drive -South (E -W) Northlake Boulevard Analyst: KfM File Name: CIAMFUT2.HC9 Area Type: Other 6 -11 -99 AM Peak Comment: Buildout Conditions, Sunday AM Peak -- Northbound _ Southbound r 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 Lame 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: #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 'C9 v1Vi VLV HCM: SIGNALIZED INTERSECTION SUMMARY Version 2.4f 06 -13 -1999 Kimley -Horn And Associates, Inc. Streets: (N -S) East Driveway (E -W) Northlake Boulevard Analyst: KRA 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 6 NB Left EB Left Thru Thru Right Right Peds Peds SE Left WB Left Thru Thru Right Right Peds Peds EB Right NB Right WB Right - SB Right Green Green .11.OA 41.OA Yellow /AR Yellow /AR 4.0 4.0 Cycle Length: 60 secs Phase combination order: its #6 Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: Mvmts 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 /Cycle, L - 6.0 sec Critical v /c(x) = 0.386 r� J�•z P p I PIP i a I UP" I LP _. Ir- l a I apt Z u ' PANAL (,� lout U! 4 i7 i F �I. s9 Di } � � I F} •� I1a® �1 D doF iii - �D� DD DDD ! ! ! ! ! lWa Bosch CsaMe" <�••• ° Christ Fellowship do Associates PA MchRads . �mem _ pi) �a-su .�.. w..m. �,.�,�. �.... \ \ R \• CUT m i I I I I PIP i a I UP" I LP _. Ir- l a I apt Z u ' PANAL (,� lout U! 4 i7 i F �I. s9 Di } � � I F} •� I1a® �1 D doF iii - �D� DD DDD ! ! ! ! ! lWa Bosch CsaMe" <�••• ° Christ Fellowship do Associates PA MchRads . �mem _ pi) �a-su .�.. w..m. �,.�,�. �.... Wed Jul 07 15:05:39 1999 b Z D ° mmm E9da:�9cb,�� :a�;�akR�eai9�a.P@ �3$tlaasa "R� $g�y"aa�:t.•gaw "�� s� H94 "MIN 4 5f$S °° A i RRERRR•R 2% A wwwwwwuw L - ya Pg 9 k p a dog o s 1 ° NMO' y PUN Go 0 off$ ° 0000 f j &3X�F� ?,1 :$6- t 1p TIN NINI HINWNI �z 1�1�1 R D E�Sae f A 18 n i' CORPORATE AUTMORQAiICN No. 100I615 i ( Palm Beach Gardena vMr Christ Fellowship & A�s °tes P.A. a Architects • Plonners .........a....,"...„. ,,,,, .b ...,.,.� ' .�... ,....m..b .ten." 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(EISSnNO NA7AfiENE SITE) °� "nanec°msm¢r�m Q —w , CONCEPTUAL DRAINAGE PLAN P.) m z 3� L1 m 0 a �a 3 D 9 r o � m n o � s 0 ra�M,u�c atw. 31 ' m E L y W N � LJ Z , C ci = 0 Z mn 0 0 mm, Cn M M�l rn� mml c Z M >F� �D rn� DZ2 z m -v > oom", 0 mac= rm C � W 0 = Z c�90 v 0 c 0 =Z, B � m m m m °s s Z 00 _ 8 i.; x A x a y _ O m �nx m m coo a n A LJ Z , C ci = 0 Z mn 0 0 mm, Cn M M�l rn� mml c Z M >F� �D rn� DZ2 z m -v > oom", 0 mac= rm C � W 0 = Z c�90 v 0 c r- 6 NORTHLAKE BLVD. 6 - - - -_ — - — ---- - — - — - — --- ................ :77 7 >/ MiRCH c M M m QtL FLI ............. :a im 4--: ---------- Ij - T-/ L-L ..... ....... r . ...... . , ...... ----------- ... *4 .. .a`....... /. 7-T-> L -J - - - - - - - - - - - - - - - --- - ................ .......... � " - 1.....- 11.1 .................... I ...... .......... NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT CANAL CANAL NO. I 0 N 0 :3 _0 CHRIST FELLOWSHIP CHURCH CHURCH OF THE NAZARENE KENNETW if. XlzUqER, R.E. (wL eunmour) CONCEPTUAL DRAINAGE PLAN m m I rn > MI. Ep z m Mir mD 2 I pp 6a TRI CT�CAN, r r� m D A D P s-4 r o ED 0 EV, 14 1 CHRIST FELLOWSHIP CHURCH �++^ CHURCH OF THE NAZARENE p KENNEM f{. KRLIGER, R.�. �` °°°" °•` (FELL BU,IDOVn .m anam �nrcer tort im Q 7` 8 ,w zwa..e.ea was.v CONCEPTUAL DRAINAGE PLAN June 24, 1999 June 30, 1999 July 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 fS 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. 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 increase in the maximum occupancy to 576 seats. This expansion shall become effective immediately after the issuance of the Certificate of Occupancy for the sanctuary for Christ Fellowship's new campus on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or on January 2, 2000, whichever occurs first. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida approves an amendment to Ordinance 30, 1990 to -amend the approved use of the residence to a youth center. This amendment shall take effect immediately upon adoption. SECTION 4. Said approval shall be subject to the following conditions, which shall be the responsibility of the applicant, its successors and/or assigns: 1. Within 30 days of the adoption of this ordinance, the petitioner shall obtain a letter from the Palm Beach County Health Department indicating that the existing septic system is adequate to safely service all of the existing uses on this site. 2. 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. 3. Simultaneous broadcasts of presentations, programs or sermons conducted at any remote location to this site shall be prohibited. 4. 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. SECTION 5. Said approval shall be consistent with plans and documents on file with the City's Growth Management Department as follows: 1. June 7, 1999 Existing South Campus Site Plan, Glen Pate & Associates, Sheet SP 1.0 2. April 29, 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 PLACED ON SECOND READING THIS DAY OF INTRODUCED, PASSED, AND ADOPTED THIS DAY OF ATTEST: LINDA V. KOSIER BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK g /short: sp9703.or.doc /jn &jl JOSEPH RUSSO, MAYOR 1999 1999 1999 APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT