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Home My WebLink AboutAgenda Council Agenda 011002City of Palm Beach Gardens Council Agenda January 10, 2002 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado Council Member Sabatello II. III. IV. V. VI. VII. VIII. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING January 10, 2002 7:00 P.M. PLEDGE OF ALLEGIANCE ROLLCALL ANNOUNCEMENTS: PRESENTATIONS: ITEMS & REPORTS BY MAYOR AND COUNCIL: CITY MANAGER REPORT: a.Discussion of Policy on Development Review. COMMENTS FROM THE PUBLIC: For Items Not on the Agenda~ please submit request form to the City Clerk prior to this Item) CONSENT AGENDA: ao Consideration of approving Minutes from the December 6, 2001 Regular City Council Meeting. bo Resolution 179, 2001 - Nextel 125’ Communication Tower at Lilac Street. Consideration of approving a site plan application from Nextel Communications to allow for construction of a 125 foot high wireless telecommunication tower, to be located on property leased from the City of Palm Beach Gardens at 10245 Lilac Street, 525 feet north of the intersection of Lilac Street and Plant Drive. Co Resolution 2, 2002 - Appointing the Supervisor of Elections, to City’s Canvassing Board. Consideration of appointing the Supervisor of Elections to the City’s Canvassing Board and authorizing the Supervisor of Elections to act on the City’s behalf. Resolution 3, 2002 - McDonald’s within Promenade Plaza. Consideration of approving a site plan to provide for the renovation of a commercial out- parcel located within the Promenade Plaza Shopping Center, as more particularly described herein; providing for an approximately 3,658 square-foot drive-through restaurant. e.Arbor Day Proclamation. f.Consideration of purchasing a Toro 6500D 95" Reel Mower and Verticutter at a cost not to exceed $40,685.75. go Extension of existing Towing Contract. Consideration of extending existing vehicle towing services contract for 60 days. ho Resolution 5, 2002 - Bell South Easement. Consideration of executing an easement to BellSouth Telecommunications,. Inc. for the installation of buried cable. IX. PUBLIC HEARINGS: Ordinance 2, 2002 - Christ Fellowship South Campus Conditional Use Amendment (First Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church South Campus (located at 5312 Northlake Boulevard, approximately ¾ miles west of Military Trail as more particularly described herein) by amending a condition of approval for a previously approved conditional use; amending Ordinance 34, 1999; providing for a condition of approval; providing for severability; providing for conflict; and providing for an effective date. bo Resolution 4, 2002 - Christ Fellowship South Campus Site Plan Amendment. Consideration of approving an application from Palm Beach Gardens Christ Fellowship by amending a condition of approval for a previously approved site plan for the Christ Fellowship Church South Campus (located at 5312 Northlake Boulevard, approximately ¾ miles west of Military Trail as more particularly described herein) by amending a condition of approval for a previously approved conditional use; amending Resolution 5, 2000. Ordinance 44, 2001 - Christ Fellowship North Campus Amendment (First Reading continued from December 6, 2001). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church North Campus by anaending conditions of approval for the site, located on the north side of Northlake Boulevard, approximately 1 ½ mile west of Military Trail as more particularly described herein, amending Ordinance 20, 1997, and Ordinance 23, 1999; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date X.RESOLUTIONS: XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: a.NOPC Concurrent Processing Discussion. XIV. CITY ATTORNEY REPORT: XV.ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), for assistance. If a person decides to appeal any decision made 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. VI. CITY MANAGER REPORT: a.Discussion of Policy on Development Review. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING DECEMBER 6, 2001 The December 6, 2001 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember Lauren Furtado, Councilmember David Clark, and Chair Pro Tem Carl Sabatello. PRESENTATION Trish Faulkner was presented with a key to the City in recognition of her athletic accomplishments. Ms. Faulkner expressed her appreciation. She was also recognized by Roy Davidson of BallenIsles, who presented her with a paver block to be placed in front of City Hall. ITEMS AND REPORTS BY MAYOR AND COUNCIL: Vice Mayor Jablin reported on the Christmas lighting ceremony the previous night and invited everyone to a Hanukkah celebration the next Monday. Councilmember Furtado provided an update on the turnpike access improvements at PGA Boulevard, reporting that a study would include a traffic count, utilization of all toll booths during rush hour, installation of an additional Sun Pass lane, and the timing of the traffic light to increase green time so that vehicles would have a little more time to make the turn onto PGA Boulevard. Councilmember Furtado reported a resident had a newspaper article from 1968 that described a political rally held at the Banyan Tree attended by over 500 people, where free beer had been given to those holding voter registration cards, and would provide it to the City for their scrapbook. Councilmember Furtado requested background documentation be given to the Budget Review Committee. Mayor Russo reported he had attended the first meeting of that Committee. Mayor Russo expressed thanks to Councilmember Furtado, who had been very helpful in getting the MPO to agree to locating the potential turnpike interchange expansion to the west side of the turnpike. Mayor Russo thanked everyone who participated in providing 5,000 dinners to help those. less fortunate. The Mayor reported a meeting of The Gardens United, which had been met with enthusiasm. Mayor Russo advised that the City needed to move forward with the economic development group of Mayors at the Chamber of Commerce. Mayor Russo commented regarding the City’s golf course management that any option would be used to reduce the deficit. Councilmember Clark made a motion to reschedule the regularly scheduled January 3, 2002 City Council meeting to January 10, 2002. The motion carried by unanimous 5-0 vote. Mayor Russo reported he had attended the Recreation Advisory Board meeting, and although there had not been enough members for a quorum, the group had held a good discussion. CITY MANAGER REPORT: Golf Course Update - Jack Downey reported that insurance coverage was in place, staff had been selected, 98% of the current staff including management, maintenance, and part-time had chosen to come with the City, and a comprehensive marketing plan had CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/6/01 2 been prepared by staff. Mr. Downey reported staff was eager to prove they could provide budget savings, keep up the golf course, continue customer satisfaction and the playability of the course’s current service level. Mr. Downey reported a quote was being provided for dewatering the back nine using a recently developed siphon pump. COMMENTS FROM THE PUBLIC: Carol Estrada, 309 Riverside Drive, reported no one in Plat One had been notified of the planned development on Northlake Boulevard at Banyan Tree and the Plat One residents would be impacted by the increased traffic on MacArthur Boulevard. Ms. Estrada requested these residents be notified and also that the development not be allowed to have access from MacArthur Boulevard. Staff reported this item would be presented in January and Mayor Russo indicated the developer should meet with the residents. Councilmember Furtado requested Police and Fire try to work around not having ingress/egress onto MacArthur Boulevard. Pat Hughe¥, Reed Drive, expressed thanks for the Resolution the City Council had passed regarding the Character Council. Tony Ott, 11924 Banyan, requested local companies be allowed to bid for towing services. City Manager Ferris indicated staff would meet with Mr. Ott to explore possibilities. CONSENT AGENDA: At the request of Mayor Russo, City Attorney Rubin provided clarification regarding item (d) pooling road impact fees. Councilmember Furtado moved approval of the Consent Agenda. Councilmember Clark seconded the motion. The motion carried by unanimous 5-0 vote. The following items were approved on the Consent Agenda: a. Consideration of approving Minutes from the November 1, 2001 Regular City Council Meeting. b. Resolution 165, 2001 - Lease Agreement/Nextel South. Consideration of authorizing execution of a Lease Agreement with Nextel South Corporation for the installation and operation of a wireless telecommunications facility. c. Resolution 176, 2001 - Frenchman’s Reserve Clubhouse Site Plan. Consideration of approving a site plan to allow for the development of an approximately 56,000 square- foot clubhouse, tennis, pool and guest room facility, located within the Frenchman’s Reserve PCD as more particularly described herein; providing for conditions of approval; providing for waivers. d. Resolution 177, 2001 Approving Pooling Road Impact Fees for DiVosta. Consideration of approving a request by DiVosta and Company to pool road impact fees for certain parcels of real property. e. Resolution 178, 2001 - Approving Pooling Road Impact Fees for Kolter. Consideration of approving a request by Kolter Properties to pool road impact fees for certain parcels of real property. f. Proclamation - Epilepsy Month. PUBLIC HEARINGS Ordinance 42, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of an application by AMA of South Florida, Inc., to amend phase 2 of the "Medical Mall" Planned Unit Development (PUD) (n/Ua The "Gardens Corporate Center"), located at the northeast corner of the intersection of PGA Boulevard and Alternate A1A, as more particularly described herein, in order to CITY OF PALM BEACH GARDENS REGULAR MEET1NG, 12/6/01 3 construct two (2) six-story office buildings and one (1) six-story parking structure; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date - for consideration of second reading. Growth Management Director Charles Wu indicated only one new condition had been added since first reading. Councilmember Sabatello expressed appreciation to Mr. Oliver for meeting with him and working to make this project the best it could be. Mayor Russo declared the public heating open, held on the intent of Ordinance 42, 2001. Heating no comments from the public, Mayor Russo declared the public heating closed. Councilmember Clark moved that Ordinance 42, 2001 be placed on second reading by title only and approved. Councilmember Furtado seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 42, 2001 on second reading by title only. Ordinance 31, 2001 - Mayor Russo declared the public heating open, held on the intent of Ordinance 31, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for amendments to the Comprehensive Plan of the City of Palm Beach Gardens based on the recommendations of the Local Planning Agency and staff; providing for adoption; providing for transmittal; providing for codification in the Comprehensive Plan; providing for severability; providing for conflicts; and providing for an effective date. - for consideration of second reading. Growth Management Director Charles Wu provided the staff presentation. Hearing no comments from the public, Mayor Russo declared the public heating closed. Councilmember Clark moved that Ordinance 31, 2001 be placed on second reading by title only and approved. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 31, 2001 on second reading by title only. Resolution 162, 2001 - Mayor Russo declared the public hearing open, held on the intent of Resolution 162, 2001 - A resolution of the City of Palm Beach Gardens, Florida, electing to use the uniform method of collecting non-ad valorem special assessments levied within the incorporated area of the City; stating a need for such levy; providing for the mailing of this resolution and providing for an effective date. The Finance Director provided the staff presentation. Heating no comments from the public, Mayor Russo declared the public heating closed. Councilmember Clark moved that Resolution 162, 2001 be approved. Councilmember Furtado seconded the motion, which carried by unanimous 5-0 vote. Ordinance 44, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 44, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church North Campus by amending conditions of approval for the site, located on the north side of Northlake Boulevard, approximately 1½ mile west of Military Trail as more particularly described herein, amending Ordinance 20, 1997, and Ordinance 23, 1999; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date, for consideration of first reading. Growth Management Director Charles Wu presented the staff report, and explained that this request only related to the north campus. The City Attorney clarified which issues were under consideration for the north campus. Vice Mayor Jablin recommended taking public comments tonight but continuing the public hearing to the January 10, 2002 meeting when the south campus petition was scheduled CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/6/01 4 for first reading. Attorney Alan Ciklin spoke on behalf of the petitioner, and reviewed each amendment being requested. Comments by Councilmembers included concern that the applicant was asking for conditions to be relaxed so soon after they had agreed to them, that simulcasting was done inside other churches, that choosing to change only a few regulations distorted the whole picture that had been originally negotiated, that this church was not singled out, and that safety and traffic and traffic management was a concern. The petitioner was asked to provide what the benefits would be to both the church and the City in the case of each amendment if the amendment were granted. Mayor Russo called for comments from the public. M. Hockstein, 117 Banyan, requested her time be given to Keith Paulus. Several other residents requested their time be given to other speakers. Keith Paulus, 10100 Hunt Club Lane, President of The Hunt Club Homeowners Association, indicated he was speaking on behalf of the majority of members who had responded to this issue via a mailing, and that 65 had responded. A copy of the letter was entered into the record. 94% of their respondents had indicated they in favor of keeping all of the current restrictions. Mr. Paulus favored consideration of both the north and south campus petitions by the City Council at one time. Mr. Paulus reported the Board of the Homeowners Association had passed a resolution favoring the City keeping all current conditions on the Christ Fellowship PUD, and indicated he could enter a copy of their minutes into the record to show that resolution. Mr. Paulus explained that their concern was not religious, but concerned the impact on the residential community of a large fast-growing institution. Mr. Paulus expressed concern that this issue might have been hurried through the Planning and Zoning Commission, entered into the record a complaint they had made regarding parking, and requested a more thorough search of the records since the staff report had stated there had been no complaints. Erlene Rokoff, 164 Orchid Cay Drive, indicated her concerns had been addressed. Joan Altwater, Vice President of Cypress Hollow, read into the record comments by Amir Kanel, 8332 Man-O-War Road, which he had requested be read on his behalf as a member of the Board of Steeplechase, which Ms. Altwater stated she believed had been voted on by that Board of Directors, and stated that Board was in favor of maintaining the existing conditions of approval and that the issues and concerns of the Steeplechase Board of Directors were local environment, area character, and traffic. Linda Peters, 1016 Woodfield Circle, expressed her opinion that no microphones were necessary for outdoor weddings and her concern that broadcasting would not end with weddings. Leo Abdella, 8302 Chapman Oak Court, reported he was employed by and attended Christ Fellowship Church, indicated he understood the PUD process, and explained that the request to revisit conditions was a continuation to refine that process, and make things clearer. Mike Hiscock, 10249 Hunt Club Lane, expressed his opinion that during the original negotiations the 1750 seat limit had been meant to limit the number of people, and that the City needed to follow its new code which limited the number of seats to 1000. Michael Winston, 10245 Hunt Club Lane, commented Mr. Ciklin’s position was that if the amendments were not approved a lawsuit was coming, and indicated that lifting the restrictions as requested would not result in simulcasting only to the south campus, use of only small microphones, use of a shuttlebus only during certain situations, or limit large events, but would leave the door open for anything. Mr. Winston expressed concern regarding increased traffic on Northlake Boulevard. Marilyn Jacobs, 16 Bermuda Lake Drive in BallenIsles, discussed the threat of a lawsuit by the CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/6/01 5 church and the law upon which it was relying. Ms. Jacobs indicated granting the amendments could create a favored class, which went against everything for which this country stood. Kevin Bradley, 1124 Grand Cay Drive, representing members of the Board of Governors of PGA National, read and entered into the record a resolution passed unanimously by the Board of Governors of PGA National POA opposing any amendment to Christ Fellowship PUD that may have adverse effects. Mr. Bradley agreed with other comments previously made. Joan Elias, 1009 Diamond Head Way, indicated the Board of Directors of CAN had voted unanimously to support the resolution adopted by the PGA National POA Board of Governors. Dr. Douglas Reed, 10243 Hunt Club Lane, reported traffic, noise, or beautification had not become issues since the church had been built, and the church had enhanced the entrance to the Hunt Club. Dr. Reed stated he was concerned when a City Council wanted to limit a religious institution dedicated to bettering the community and its members. Bruce Prevost, 8292 Nashua, Horseshoe Acres, commented the church had improved traffic, and more traffic might have been added if a residential development had been built on this site. Mr. Prevost reported an increase in the value of his property since the church was built, suggested the church use the shuttle to improve safety, and indicated he was thankful for the church. Joan Altwater, Vice President of Cypress Hollow Board of Directors, reported that Board had passed a motion that the Christ Fellowship Church code restrictions be maintained, as they currently exist. A similar petition passed around the neighborhood resulted in 23 responses in favor of keeping the current conditions of approval as they exist. Ms. Altwater provided a history of the original discussions for the Christ Fellowship project, which had resulted in the conditions of approval, and read into the record letters of thanks from the church to the coalition for their work during the negotiations. Ms. Altwater also reported a statement had been made by the pastor stating that he would honor the concessions made to date. David Tromley, 39 St. Thomas Drive, indicated he was a member of Christ Fellowship Church, that he found the church to be a large plus for the area, and urged both sides to find a solution. Joe Cole, 1017 Woodfield Circle, an adjacent property owner, indicated his family’s quality of life would be affected by the outdoor activities and amplification, and he did not want to have to call Code Enforcement every time he and his neighbors were affected. Mr. Cole indicated he thought the church had been a good neighbor to this point but he was concerned about future activities and he thought they had been a good neighbor because they had abided by the conditions of approval. Bob Kaplan, 102 Windward Drive, pointed out that only a few restrictions could not be removed without looking at the whole picture, the church had been a good neighbor because the restrictions had been designed intelligently and were in everyone’s best interests, and the original concern had been regarding placing such a large operation in a residential neighborhood--therefore the 1750 limit had been negotiated. Mr. Kaplan noted that the restriction on simulcasting had been because that would encourage a larger audience, and suggested allowing simulcasting outside a 2-mile radius. Mayor Russo read into the record the following comments by Edward Kent, 10215 Hunt Club Lane, as he had requested: "Our home in Hunt Club abuts the Christ Fellowship Church parking area. We are already displeased by the noise of all night stormwater pumping during the rainy season. We fully support maintaining all conditions put in place by the City at the time of original approval of Christ Fellowship Church." Mayor Russo indicated Christ Fellowship Church had been treated no CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/6/01 6 differently than other projects, that the amount of good the church did for the City and the county was unbelievable, and he could not believe the church was threatening the City with a lawsuit instead of coming to ask for help. Mayor Russo asked that everyone come together and forget about a decision based on law, but stated if it was unavoidable the City would make a decision based on law. The Mayor urged the church to work with the neighbors, and asked that the community come together. Heating no further comments from the public, Mayor Russo called for a motion to continue the public heating to January 10, 2001 as had been agreed to by Mr. Ciklin. Councilmember Clark made a motion to continue the public heating for Ordinance 44, 2001 to January 10, 2001. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. ORDINANCES: Ordinance 43, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Watermark Communities, Inc., requesting a re-zoning to Planned Community Development Overlay Zoning with a comprehensive land use designation of Residential Medium (RM), allow for a 905 single-family and 132 multi-family dwelling unit residential community on 362.72 acres for a gross density of 2.86 dwelling units per acre, to be known as the "Evergrene" Community, located south of Donald Ross Road and north of Hood Road, between Military Trail and Alternate A1A, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date - for consideration of first reading. Growth Management Director Charles Wu presented the project. Hank Skokowski, clarified for Councilmember Sabatello that this was the master plan and did not contain details of the individual parcels, and that the waivers requested were strictly at the master plan level. Mr. Skokowski, agent for the petitioner, presented the master plan, and answered questions from the City Council regarding the berms, drainage, landscaping, and school bus ingress and drop-off area. It was agreed to. provide a condition of approval to address ingress in the future if the school bus created traffic problems. Traffic Engineer Joe Pollock spoke on behalf of the petitioner and explained that the traffic impact of gating this community would be negligible since there were three gates. Mr. Skokowski clarified that another project on the other side of the roadway would be addressing entry signage to the City. Councilmember Clark moved that Ordinance 43, 2001 be placed on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 43, 2001 on first reading by title only. Ordinance 45, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Communities Finance Company for a Conditional Use to allow an excavation and fill operation within Parcels 4.03 and 4.05 generally located between Alternate A1A and Military Trail, and between Hood Road and Donald Ross Road, commonly known as the Evergrene PCD and more particularly described herein; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date - for consideration of first reading. Councilmember Clark moved that Ordinance 45, 2001 be placed on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 45, 2001 on first reading by title only. CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/6/01 7 ITEMS FOR DISCUSSION: Banyan Tree PUD (Blood Bank) - Ordinance 41, 2001 - Growth Management Director Charles Wu reported staff was working with the petitioner, who had submitted a concept plan showing the Blood Bank building and phase 2 of the project, to agree upon safeguards in case phase 2 was proposed to be amended, as well as a list of uses. Steve Mathison, Attorney for South Florida Blood Banks, reported that in addition to other safeguards, the concept plan would be made a part of the ordinance, as well as a very specific set of guidelines to assure the quality of development for the entire PUD. Mr. Wu indicated staff would work with the applicant to resolve issues so that advertising could take place for a January hearing. Regarding the police and fire requirements for ingress/egress onto MacArthur Boulevard, Councilmember Furtado expressed concern for the safety of school children, Councilmember Sabatello indicated he liked that for egress in order to get to the traffic light or to go north, and possible solutions that suggested were to clear the line of sight to provide a crossing guard. ADJOURNMENT: There being no further business to discuss, upon motion by Councilmember Clark, seconded by Vice Mayor Jablin, carried 5-0, the meeting was adjourned at 11:30 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK ATTEST: COUNCILWOMAN LAUREN FURTADO CAROL GOLD, CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL , Growth Management Department Staff Report Meeting Date: January 10, 2002 Date Prepared: December 20, 2001 SUBJECT/AGENDA ITEM Consideration for Approval: Resolution 179, 2001 (Petition SP-01-36), a request by Urban Concepts, Inc., agent for Nextel Communications, for site plan approval to permit the installation of a 125-foot monopole communication tower and an associated unmanned 10’x 20’ equipment shelter on property leased from the City of Palm Beach Gardens at 10245 Lilac Street, which is located 525 feet north of the intersection of Lilac Street and Plant Drive. RECOMMENDATION Staff recommends approval of Resolution 179, 2001, with conditions of approval. Reviewed by: Principal Planner Steven B. Cramer, AICP City Attorney ~ Finance NA Human Res. NA Submitted by: Growth Manag~’~ nt Directo, Charles K. Wu. AICP Approved by: City Manager: Originating Dept.: Growth Management: Project £ Manager" ~ Jackie He, I~a’~n, Planning Technician Advertised: Date: Paper: PB Post [ ] Not Required Affected parties: [ ] Notified [X] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Commission Action: N/A [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Resolution 179, 2001 ¯ Tower Location Map ¯Site Plans and Tower Elevation ¯Other Tower Info. ¯FWT Engrs. Letter ¯Aerial Photo City Council Meeting Date: January 10, 2002 Date Prepared: December 20, 2002 Petition SP-01-36 BACKGROUND Permitted Uses on Pubfic Property On December 6, 2001, the City Council adopted Resolution 165, 2001, approving the execution of a five-year lease agreement with Nextel South Corporation for the installation and operation of a wireless telecommunications facility on a 45’ x 48’ leased site on City property located at 10245 Lilac Street. (A map of the site is attached.) Under this automatically-renewable lease agreement, Nextel was also granted permission to construct and to maintain an access road from Lilac Street, across land owned by the City. This site plan application proposes the construction of a 125-foot monopole and a 10-foot by 20-foot associated unmanned equipment shelter on the leased property. The site will have restricted access and will be used for the transmission of radio signals for the purpose of providing public cellular service. The proposed communications tower and equipment will be located adjacent to existing predominantly ;industrial, recreation and vacant properties, and Interstate 95. The site would have limited visual exposure to some existing residentially-zoned properties on Lilac Street, Plant Drive, Flag Drive, Daphne Avenue, and Dogwood Drive. A public park, ballfield, and nature trail are planned for the adjacent property immediately to the west of the tower site. Plant Drive Park is located south of the site. LDR Section 78-159 (n. 64) entitled "Wireless telecommunication facilities, Subsection aa, Permitted uses on pubficproperty," states that a telecommunications tower as a permitted use includes "...applicants seeking to locate antennas and towers on property owned, leased, maintained, or otherwise controlled by the city..." Subsection (iii) of Section 78- 159 (n. 64) (aa) further states, "The City Council, at its discretion, may waive or modify certain requirements contained herein, including setback and separation requirements, consistent with the provisions of section 78-158" (waivers). The applicant may request waiver from some requirements within this LDR section, without requiring a conditional use. Therefore, the proposed use is permitted by right and does. not require public hearing or notification procedures. However, because there are nearby residential areas that would have visual exposure to the proposed tower, all property owners within 500 feet were notified of this meeting. Land Use and Zoning The future land use designation for this site is Public, and the zoning is Public/Institutional. As identified in Section 78-159 (n. 64) (aa), this is a permitted use and is, therefore, consistent with the City’s Comprehensive Plan. City Council Meeting Date: January 10, 2002 Date Prepared: December 20, 2002 Petition SP-01-36 Site Location and Access The proposed telecommunication tower would be located in the south end of 45’x48’ lease area, and the entrance into the compound will be solely from the south side of the leased area. The tower itself will be set back from the property lines of the parent tract owned by the City as follows: from the west property line 392.6 feet; from the north property line 174.4 feet; from the east property line 214.0 feet; and 138.0 feet from the north property line of the Seacoast Utility Authority property to the south. The Seacoast Utility Authority site has a zoning designation of P/I (Public/Industrial) and is currently used for water storage. The City’s Land Development Regulations require that towers be set back from adjacent property lines at least a distance equal to 110% of the 125-foot tower height (which would be a setback of 137.5 feet). Because the leased space is only 45’ x 48’, it will be necessary to request a waiver to these setback requirements. Nevertheless, the tower would still be 524.95 feet from the residential property that is located to the south of the proposed structure and 504 feet from residential propertieslocated on the east side of 1-95. Both setbacks meet the City’s requirement of towers being at least 500 feet from residentially zoned or residentially used property. Directional antennas will be located on the tower at 80 feet to cover three sectors, and three antennas will be mounted to each sector direction. The proposed antennas will be four feet in height. In the future, there is a possibility the applicant will request approval of another antenna to be co-located on the tower, which will be processed as an administrative approval petition. To allow for security and safety, the gray-colored tower shall be secured within a 2,160 square-foot fenced area that shall also include a 200 square-foot unmanned equipment shelter prefabricated of a light tan-colored aggregate material. There is a possibility the applicant will request approval of another identical shelter in the future which will be processed as an administrative approval petition. Because the shelter height, including the foundation, is 3.42 feet higher than the eight feet allowed by the Land Development Regulations, the petitioner is requesting a waiver for the building height. Nextel’s equipment shelter is larger than many other carriers due to the .type of radio equipment used. An eight-foot-high black vinyl clad chain link fence with barbed wire strands around the top would delineate the compound in compliance with the City Code. The fence will be gated and locked at all times except when tower equipment maintenance is occurring. A 12-foot wide compacted gravel road shall be constructed and maintained by the lessee from the existing asphalt access at Lilac Street to the leased site. 3 City Council Meeting Date: January 10, 2002 Date Prepared: December 20, 2002 Petition SP-01-36 Genera/Requirements of Section 78-159 (64): Wireless Telecommunication Towers Existing Towers. The applicant has indicated in narrative form that the existing towers in the geographic search area do not meet the criteria stated in the LDRs to allow for: (1) additional capacity; (2) sufficient height; (3) sufficient structural strength; (4) frequency interference; (5) reasonable cost for sharing towers; (6) sufficient technology capacity; and (7) sufficient legal rights to an existing tower. Radio Frequency & Engineering Report. The applicant has provided information from Nextel’s Radio Frequency Engineering Department (RF)justifying the proposed location this tower and shelter. Based on the attached report, there are no existing towers or useable antenna support structures located within a one-mile radius of the subject property that would satisfy Nextel’s needs. Nextel has applied for approval for the proposed tower and antennas from the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), and other State and Federal requirements for tower and antenna siting and design. Operations and existence of facilities shall comply with all applicable State and Federal agency requirements. According to the information provided by the applicant, the proposed construction and placement of Nextel’s tower and telecommunication facilities at this location will not interfere with public safety communications and the usual and customary transmission or reception of radio, television or other communications services enjoyed by adjacent properties. In compliance with the City’s Telecommunications Ordinance, the proposed structure will be structurally sound and in compliance with the South Florida Building Code. Certified documentation to this effect will be prepared by the project professional engineer and will be submitted with the. project’s building permit application. Per the City’s LDRs, the proposed monopole will have the capacity to support at least two users. The proposed tower is to be 125 feet in height, and Nextel is requesting to locate their antennas at a mounting height of 80 feet. Ample room exists for a second carrier to locate additional wireless communication antennas on the proposed tower. 4 City Council Meeting Date: January 10, 2002 Date Prepared: December 20, 2002 Petition SP-01-36 The engineering report has been included with the application and includes the following, as required by City Code Section 78-159 (64): (1) site development plan; (2) type of tower and design specifics; (3) wind load capacity meeting the specifics of the Southern Building Code; (4) a statement that the tower shall not interfere with customary transmission of radio, television or similar services; (5) a statement that all construction shall comply with all applicable building codes, associated codes, and associated regulations, etc.; (6) a statement confirming that the monopole shall accommodate two users; (7) a written statement addressing the applicant’s ability to share proposed tower; and (8) letter dated December 18, 2001, regarding structural integrity and wind speed capacity. Aesthetics. The following requirements are being met in compliance with the aesthetic regulations of City Code Section 78-159 (n. 64): (1) The tower shall be painted neutral gray to reduce visual obt.rusiveness. (2)A screening hedge of 65 Cocoplums, plus 12 Sabal Palms and 20 Slash Pines, will be installed within a five-foot landscaped area outside the fenced area to reduce the visibility of the tower site, to help ensure blending into the surrounding area, and to minimize visual impact. (3)An irrigation plan has been submitted, and the landscaping shall be maintained at the lessee’s expense to ensure good health and visibility. Additional landscaping in excess of code requirement may be required prior to issuance of a letter of completion, by the Growth Management Director, per final field inspection to be conducted by the City Forester. Lighting. Lighting for the tower will be in accordance with FAA/PCC regulations. Additional lighting beyond FAA/FCC regulations is not permitted. Setbacks. The tower must be set back from the leased property lot lines by a distance of 110 percent of the tower height, which equals 137.5 feet. The tower lot lines for the leased area are approximately 14 feet to the south, 19 feet to the west, 38 feet to the north, and 30 feet to the east. The applicant has requested a waiver from the setback requirements. For your information, the nearest parent tract lot lines from the tower lease space are: 392.6’ to the west property line 174.4’ to the north property line City Council Meeting Date: January 10, 2002 Date Prepared: December 20, 2002 Petition SP-01-36 214.0’ to the east property line 138.0’ to the south property line adjacent to Seacoast Utilities Separation. Staff has attached a map to the staff report that indicates the location of all telecommunication towers, as defined by City Code Section 78-159 (n. 64), within and directly adjacent to the City of Palm Beach Gardens. Height. The proposed tower will be 125 feet in height and will have a maximum capacity of two users. Signs. The applicant is required to post "HIGH VOLTAGE-DANGER" and "NO TRESSPASSING" warning signs, permanently attached to surrounding fence, with letters at a minimum height of 12 inches. Prior to the issuance of the letter of completion, Growth Management staff shall field check the site to ensure that the signs have been installed in accordance with the code. Security Fencing. As noted above and in accordance with the Land Development Regulations, the applicant will provide a security fence around the leased area. Waivers. Code Section Required Provided Waiver Staff Recommendation 11.42 foot height 3.42’ApprovalSection 78-159 (n.64) (kk)- Related unmanned equipment structure Section 78 - 159 (64)(i) Setbacks Not to exceed eight (8) feet in height 110 percent (137.5 feet) of tower height from tower lot line. 14’ to south lot line 15’ to west lot line 38’ to north lot line 30’ to east lot line 123.5’ 122.5’ 99.5’ 107.5’ Approval The proposed waiver requests will be compatible with existing and potential land uses adjacent to the development site. The site is surrounded to the east by 1-95, Seacoast Utility Authority water facilities to the south, vacant land to be used for parks and recreation to the immediate west, and the Thompson Canal and industrial property to the north. The proposed additional shelter height will not have a negative impa.ct on any of those adjacent uses. The proposed compound will be significantly screened from view by landscaping and fencing, and because the distance to the City-owned parent tract lot lines exceeds 137.5 feet on all sides, staff is recommending approval of both waivers. City Council Meeting Date: January 10, 2002 Date Prepared~ December 20, 2002 Petition SP-01o36 DEVELOPMENT REVIEW AND TELECOMMUNICATIONS COMMITTEES Staff transmitted this application to the Development Review Committee, including Seacoast Utilities, and the Telecommunications Committee and received no adverse comments. The School Board has no concerns as long as the "fall zone" is outside the adjacent proposed park area. The petitioner’s engineer has provided a letter dated December 18, 2001, explaining that in the unlikely event the tower should fail, it is designed to fall within a 50-foot radius. He further states that in 35 years of designing and manufacturing more than 10,000 communications structures, there has never been a structural failure based on the design for the required wind speed of 123 mph. STAFF RECOMMENDATION Based on the analysis of this application and applicable regulations within the LDRs, staff recommends approval of Petition SP-01-36 with five (5) conditions listed in Resolution 179, 2001. jackie/G/short/SP0136 Nextel CC staff.doc Attachments RESOLUTION 179, 2001 December 21, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A SITE PLAN APPLICATION FROMNEXTEL COMMUNICATIONS TO ALLOW FOR CONSTRUCTION OF A 125-FOOT HIGH WIRELESS TELECOMMUNICATION TOWER, TO BE LOCATED ON PROPERTY LEASED FROM THE CITY OF PALM BEACH GARDENS AT 10245 LILAC STREET, 525 FEET NORTH OF THE INTERSECTION OF LILAC STREET AND PLANT DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 6, 2001, the City of Palm Beach Gardens adopted Resolution 165, 2001, thereby entering into a five-year, renewable lease agreement with Nextel South Corporation for the installation and operation of a wireless telecommunications facility on City-owned property at 10245 Lilac Street; and WHEREAS, the City of Palm Beach Gardens received a site plan application (SP- 01-36) from Nextel Communications to allow for the construction of a 125-foot high monopole communication tower and an associated unmanned 10’ x 20’ equipment shelter, to be located on City of Palm Beach Gardens property at 10245 Lilac Street, 525 feet north of the intersection of Lilac Street and Plant Drive, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the subject property is currently zoned P/I - Public/Institutional, and has a future land use designation of Public - P; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of a site plan to allow for construction of a 125-foot monopole communication tower with two waivers from the Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. Resolution 179, 2001 Meeting Date: January 10, 2002 Date Prepared: December 21, 2001 Petition SP-01-36 SECTION 2. Said approval shall be consistent with all representations made by the applicant or applicant’s agents at any workshop or public hearing. SECTION 3. Said construction is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: (1)Prior to issuance of a letter of completion, additional landscaping in excess of code requirement may be required by the Growth Management Director per final field inspection to be conducted by the City Forester. Landscaping shall be maintained at the lessee’s expense in perpetuity in order to maintain good health and visibility. (Planning and Zoning) (2)The ficus tree that encroaches on the leased site, and as shown on the "Lease Site Detail" sheet dated November 6, 2001, shall be removed at the expense of the applicant prior to the beginning of construction. (Public Works, Parks and Recreation) (3)Prior to the issuance of the letter of completion, Growth Management staff shall field check the site to ensure that warning signs have been installed in accordance with code requirement. (Planning and Zoning) (4)At no time after issuance of a letter of completion shall the applicant, successors or assigns be permitted to fly a flag or banner from the telecommunication tower facility approved by this resolution (Code Enforcement). (5) The total height of the monopole tower shall not exceed 125 feet. SECTION 4. The following waivers are hereby granted with this approval: (1)Section 78-159 (n. 64) (kk) Antennas located on towers: To allow the height of the related unmanned equipment structure to be 11.42 feet or 3.42 feet above the eight-foot height allowed by Code. (2)Section 78-159(64)(i) Setbacks: To allow tower lot line setbacks to be less than the .required 137.5 feet as follows: 14 feet to the south tower lot line, 15 feet to the west tower lot line, 38 feet to the north tower lot line, and 30 feet the east tower lot line. 2 Resolution 179, 2001 Meeting Date: January 10, 2002 Date Prepared: December 21, 2001 Petition SP-01-36 SECTION 5. Construction of the site shall be in compliance with the following plans on file with the City’s Growth Management Department: (1) Title Sheet T-1 by Coral Architect Design Group dated 11/6/01. (2)Boundary and Topographic Survey of Lease Site by W. L. Fish & Company dated November 6, 2001. (3)Zoning Map, Land Use Map, Set Backs & Separation Z-1 by Coral Architect Design Group dated 11/7/01. (4)Site Development Plan A-1 by Coral Architect Design Group dated 11/7/01. (5)Foundation A-2; Elevations A-3; Details A-4; Tower Antenna & Access Road A-5; and Electrical E-l, E-2, E-3 by Coral Architect Design Group dated 11/6/01. (6) Landscape Plan L-1 by Kimberly Moyer, ASLA, dated 10/19/01. (7) Irrigation Plan I-1 by Kimberly Moyer, ASLA, dated 10/19/01. (8)General Notes & Specifications GN-1 and GN-2 by Coral Architect Design Group dated 11/6/01. SECTION 6. If any clause, section, other part or application of this resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this resolution. SECTION 7. All resolutions, or parts or resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2002. Resolution 179, 2001 Meeting Date: January 10, 2002 Date Prepared: December 21, 2001 Petition SP-01-36 MAYOR JOSEPH R. RUSSO ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO G\Short Range\sp0136res.doc jackie 4 Resolution 179, 2001 Meeting Date: January 10, 2002 Date Prepared: December 20, 2001 Petition SPo01-36 EXHIBIT "A" PARENT TRACT LEGAL DESCRIPTION: (PER QUIT CLAIM DEED RECORDED IN OFFICIAL RECORD BOOK 12691, PAGES 1976 THROUGH 1992, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED ON THE NORTH BY THE SOUTH RIGHT OF WAY LINE OF THE THOMPSON RIVER AS DESCRIBED IN OFFICIAL RECORD BOOK 1179 AT PAGE 259, PUBLIC RECORDS OF PALM BEACH COUNTY; BOUNDED ON THE SOUTH BY A LINE 1,260 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 12; BOUNDED ON THE EAST BY THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 9 (I-95); AND BOUNDED ON THE WEST BY .THE EAST LINE OF THE PLAT OF GOLFER’S VILLAGE AS SHOWN IN PLAT BOOK 28, AT PAGE 83, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA: LESS AND EXCEPTING THEREFROM THAT PART LYING WESTERLY OF THE EAST LINE OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 4432, AT PAGE 239, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND LESS RIGHT-OF-WAY OF LILAC STREET, DESCRIBED IN OFFICIAL RECORD BOOK 1174, PAGE 254, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL: A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER (SEl/4) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 95 (STATE ROAD NO. 9) AND A LINE 1,260 FEET NORTH OF AND PARALLEL WITH AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 12, PROCEED NORTH 88°22’05" WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 210.00 FEET; THENCE NORTH 01"37’19" EAST, DEPARTING SAID PARALLEL LINE, A DISTANCE OF 375.00 FEET; THENCE SOUTH 88°22’05’’ EAST, A DISTANCE OF 220.00 FEET TO A POINT ON SAID WEST RIGHT-OF-WAY LINE OF INTERSTATE 95; THENCE SOUTH 01"37’19" WEST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 338.91 FEET; THENCE NORTH 88"22’41" WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 01°37’19" WEST, A DISTANCE OF 36.09 FEET TO THE POINT OF BEGINNING. CONT~AINING 342,360 SQUARE FEET OR 7.8595 ACRES, MORE OR LESS. NEXTEL LEASE SITE LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN THE SOUTHEAST ONE-QUARTER OF SECTION 12 TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, ALSO BEING A PORTION OF THE ABOVE DESCRIBED PARENT TRACT, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF THOMPSON RIVER AS RECORDED IN OFFICIAL RECORD BOOK 1179, PAGE 259, AND THE WEST RIGHT OF WAY LINE OF STATE ROAD NO. 9 (INTERSTATE 95); THENCE NORTH 88"28’15" WEST, ALONG SAID SOUTH LINE OF THOMPSON RIVER, A DISTANCE OF 185.24 FEET; THENCE SOUTH 0!°31’45"WEST, A DISTANCE OF 150.00 FEET, TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED NEXTEL LEASE SITE: THENCE SOUTH 01"37’19" WEST, A DISTANCE OF 48.00 FEET; THENCE NORTH 88"28’15" WEST, A DISTANCE OF 45.00 FEET; THENCE NORTH Q1 "37’19" EAST, A DISTANCE OF 48.00 FEET; THENCE SOUTH 88°28’15" EAST, A DISTANCE OF 45.00 FEET, TO THE POINT OF BEGINNING. CONTAINING 2,160 SQUARE FEET OR 0.0496 ACRES, MORE OR LESS. 5 PGA BLVD LOCATION MAP NOT TO SCALE I I C I1 ~oo~ ®® ® ® ® II R R R R R R R R I (J December 18, 2001 Robert Wester Nextel Communications 6700 N. Andrews Ave. Suite 700 Ft. Lauderdale, FL 33309 Re: 125-Ft Monopole Site: FL2558A Burns Road, Palm Beach County, FL Design No.: M01-2161 Job No.: Q 47285 Dear Mr. Wester: FWT designs its mon0poles not to fail under the anticipated wind load. We understand that there is some concern on the part of local building officials regarding the potential for failure of communication monopoles. Communication monopoles are designed in accordance with the Electronic Industries Association Standard EIA-222-F, "Structural Standard for Steel Antenna Towers and Antenna Supporting Structures." This standard is modeled after the ANSI A58.1 standard, which is now known as ASCE-7. The EIA standard was introduced to thoroughly address all of the design criteria specifically applicable to steel communications structures. Much of these specific design criteria are often missing in local building codes. The wind loading requirements in ASCE-7 are also the basis for building codes throughout the United States. This is to certify that the above mentioned-monopole is designed to withstand wind speed of 110 miles per hour, in accordance with the Electronic Industries Association Standard EIA-222-F, "Structural Standard for Steel Antenna Towers and Antenna Supporting Structures." With the factor of safety included, the wind speed has to exceed 123 mph for the monopole to fail. This simply means that by the time there is a failure all surrounding man-made structures, buildings, trees, cars, etc. have already been destroyed. The probability of failure is remote considering the high wind and the factor of safety used in the design. However, in case of failure the monopole will fall within the 50-ft. radius. The steel used to fabricate these structures is very flexible to ensure that the monopole does not fall to the ground. In the unlikely event of tower failure, towers would fall down due to a direct hit from a hurricane or tornado, which would destroy all the structures around the devastated area beside the tower. RO. Box8597, Eorl Worth, Texas76124©597 ¯ 817-255-3060 ¯ Fax S17-255-2957 1-800433-1816 o 5750 East l-20, Fort Worth, TX 76119-7034 The monopole is designed to carry the following loads: 1 st Carrier at top 12 - DB846H105 1- 14-Ft Platform w/service grating & handrails 1 - 3/4,,~ Lightning rod 2nd Carrier at 110’ 12 - DB846H105 1-14-Ft Low profile sectored mount w/service grating 3rd Carrier at 95’ 12 - DB846H105 1- 14-Ft Low profile sectored mount w/service grating 4th Carrier at 80’ 12 - DB846H105 I-14-Ft Low profile sectored mount w/service grating For your information, FWT has designed and manufactured more than ten thousand communications structures in the last thirty-five years and have never experienced a structural failure based on the design for the required wind speed per EIA-222-F Standard. If you need more information please call FWT at. 1-800-433-1816. Sincerely, Ta-Wen Lee, Ph.D., P.E. Engineering manager Reviewed By ¯ L. de la Rosa, P.E. /~~/ Vice President of Engineering CC: Annette Hunt - FWT ,£0. Box 8597, Fort VVorth, Texas76124-0597 * 817-255-3000 ¯ Fax S17-255-2957 1-800-433-1816 ¯ 5750 East h20, Fort Worth, TX70119-7034 SITE CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum: December 27, 2001 Meeting Date: January 10, 2002 Subject/Agenda Item - Consent Agenda Resolution 02, 2002 appointing Theresa LePore, Supervisor of Elections, as an additional member to the City’s Canvassing Board to be present at the Logic and Accuracy Tests and to handle and canvass the absentee ballots for the March 12, 2002 Municipal Election. Recommendation/Motion: Adopt Resolution 02, 2002. Reviewed by: City Attorney Other City Manager Originating Dept.: Advertised: Date: Paper: [ X ] Not Required Affected parties [ ] Notified [ X ] Not required Costs: $. 0 (Total) $, 0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [] Approved conditions [ ] Denied [ ] Continued to: Attachments: Resolution 02, 2002 [ ] None BACKGROUND: In accordance with Section 26-2 of the City of Palm Beach Gardens’ Code of Ordinances, the City Clerk may "delegate.any or all of the responsibilities for administering the election to the Supervisor" of Elections subject to approval of the City Council. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 2, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPOINTING THE SUPERVISOR OF ELECTIONS TO THE CITY’S CANVASSING BOARD AND AUTHORIZING THE SUPERVISOR OF ELECTIONS TO ACT ON THE CITY’S BEHALF; PROVIDING FOR CONFLICTS; ’PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 26-2 of the City Code of Ordinances, the City Clerk is charged with overseeing City elections; and WHEREAS, subject to City Council approval, Section 26-2 of the City Code authorizes the City Clerk to delegate any or all of the responsibility for administering the election to the Supervisor of Elections; and WHEREAS, the City has, in the past, delegated certain responsibilities to the Supervisor of Elections, including, but not limited to, those relating to the Logic and Accuracy Tests and absentee ballots; and WHEREAS, the City Council has determined the delegation of such functions to the Supervisor of Elections to be in the best interests of the citizens and residents of the City of Palm Beach Gardens, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing ’~/VHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens, Florida, hereby appoints Theresa LePore, Supervisor of Elections for Palm Beach County, as a member of the City’s canvassing board and authorizes the Supervisor of Elections to represent the City at all Logic and Accuracy Tests and to handle and canvass all absentee ballots. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS Day of ,2002 ATTEST: MAYOR JOSEPH R. RUSSO CAROL GOLD, MMC CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN CITY ATTORNEY VOTE MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK AYE NAY ABSENT Palm Beach County THERESA LePORE Supervisor of Elect~ons 240 SOUTH MILITARY TRAIL VVEST PALM BEACH, FL 33415 POST OFFICE BOX 22309 VVEST PALM BEACH, FL 33416 TELEPHONE: (561) 656-6200 FAX NUMBER: (561) 656-6287 VVEBSITE: www. pbcelections, org QUESTIONNAIRE PLEASE ANSWER THE FOLLOWING QUESTIONS AND RETURN THIS FORM AND A COPY OF THE ACTION TAKEN TO APPOINT THERESA LePORE 1:O YOUR MUNICIPAL CANVASSING BOARD BY JANUARY 28, 201)2. For your upcoming Municipal Election, do you wish to have Theresa LePore represent your Municipal Canvassing Board, as an additional member of your Canvassing Board, at: 1.The Logic and Accuracy Test on the second Monday prior to election day?. YES NO Would you like Theresa LePore to: 4.Handle the absentee ballots for the election? YES NO o Canvass the absentee ballots for the election? YES NO Signature of Municipal Clerk Municipality Date PLEASE RETURN ITO THE SUPERVISOR OF ELECTIONS BY JANUARY 28, 2002. Revised 12/0112001 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: January 10, 2002 Date Prepared: December 20, 2001 SUBJECT/AGENDA ITEM SP-01-10 - McDonalds within the Promenade Plaza Consideration for approval: Manny Mele, representative for McDonald’s Corporation, agent for owner Harvey Wolfe, is requesting a major site plan approval for an out parcel renovation at the Promenade Plaza, to allow for a 3,658 square foot McDonald’s Restaurant. The site plan includes the addition of second drive-thru window (127 S.F.), additional signage (logo), and waiver requests’from the Land Development Regulations. The .982-acre out parcel (Parcel 5) located within the Promenade Plaza Shopping Center located at the northeast corner of Lighthouse Drive and Alternate A1A, at 9880 Alternate A1A. (7-42S-43E) RECOMMENDATION Staff recommends approval of Resolution 3, 2002. Reviewed by: Principal Planner City Atto Len Rubi~.~ Finance NA Human Res. NA Submitted by: Growth Manage/ri~ ~ Director\ Originating Dept.: Growth Management: Project ~Manager Kara Irwin Advertised: Date: Paper: Charles K. Wu, AICP Approved by: City Manager Ronald M. Ferris [X] Not Required Affected parties: [ ] Notified [ X] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [X] Other NA Budget Acct.#: NA P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval IX] Rec. app. w/conds. [ ] Rec. I~enial [ ] Continued to: Attachments: ¯ Table 1 ¯ Table 2 ¯ Resolution 3, 2002 ¯ Site Plan ¯ Landscape Plan ¯ Site Details ¯ Floor & Roof Plans ¯ Elevations ¯ Photometric [ ] None City Council Meeting Date: January 10, 2002 Date Prepared: December 20, 2001 Petition SP-01-10 BACKGROUND The Promenade Plaza Shopping Center (originally known as Gardens East Plaza) was approved by Resolution 44, 1987, as a Planned Community Development (PCD) with 8 out parcels, on June 18, 1987. Out parcel #5 was approved as a PUD with a 3,600 square foot fast food restaurant use and the right to maintain and operate a drive-through facilities. In 1993, K.R. Chicken Associates requested an amendment to the Planned Unit Development (PUD) construct a 3,530 square foot Kenny Rogers Roasters Restaurant on the Gardens East out parcel #5. This use was approved by Resolution 10, 1994. The Kenny Rogers Roasters was replaced by Ted & Elly’s Dell, which was the last operation on the site. LAND USE & ZONING The subject site is currently a Planned Unit Development (PUD) within a Planned Community District (PCD) with a General Commercial (CG-1) underlying zoning. The subject site was out-parcel developed as a Planned Unit Development (PUD) within the PCD, per the requirements of code at that time. The property presently has a future land-use designation of Commercial (C), and is listed as Commercial on the Vision Plan. CONCURRENCY The applicant is proposing a minimal.~-~.,,)unt of additional square’footage for the project. The project was originally approved for approximately 3,600 square feet of fast food restaurant; therefore, the project remains vested in terms of concurrency. PROJECT DETAILS Existinq Conditions The existing 0.982-acre out parcel is located on the northwest corner of Promenade Plaza, adjacent to and south of the Mobil gas station. The applicant is proposing to modify the existing structure and increase the square footage of the existing building to provide for an additional drive-through window. The applicant is proposing to renovate the parking lot and the landscaped areas, as’well as revise the exterior color of the building. Aesthetics Originally, the applicant proposed changes to the building exterior that staff did not support at the Planning & Zoning Workshop. The Planning & Zoning Commission supported staff’s recommendation and required that the applicant return with revisions prior to a recommendation to City Council. The applicant revised the plans so that the existing roofline and roof materials were no longer modified. The building will be painted a light tan with a darker tan wainscoting with a red trim added under the roofline. 2 City Council Meeting Date: January 10, 2002 Date Prepared: December 20, 2001 Petition SP-0t-10 In addition to the drive-through window, the applicant is proposing a new cooler that will be located to the rear of the building and will be buffered by a stucco wall painted to match the building. Site Access The site access will not be modified by the application. S[qna_cle The petition includes changing the face on the monument sign to a McDonald’s logo and a 10.2 square foot yellow illuminated letter (M) logo wall sign on the west elevation, facing the right-of- way. The proposed ~alterations also include an identical logo sign (10.2 square feet) on the south elevation of the building, which will require a waiver. (See below) The applicant is also proposing a menu board with speaker post, directional signage, and a drive through canopy(6’ 8" L X 6’W X 10’H) over the speaker post. The menu board exceeds the maximum 20 square feet allowed by code, which requires a waiver request. (See below) Landscaping Renovation The proposed landscaping meets the requirements set forth in the City’s Land Development Regulations. The applicant has agreed to remove ten (10) Queen Palms, in poor condition, be replaced with seven (7) Sabal Palms, per a request by the City Forester. The existing landscaping will be supplemented with some additional native species and non-native species. The applicant has provided 30% open space on the site and 2,317 landscape points, almost double the required landscaping points. Parking Lot Renovations The current parking lot provides 36 parking spaces, to which the applicant is proposing the addition of four (4) spaces. The parking stalls will be standard length and width (10’ X 18.5’), required by the City’s Land Development Regulations. Waiver Requests Code Section Required Proposed Waiver Recommendation Section 78-285 -1 sign Wall Sign Max. 36" height sign 2 signs 1 sign Support letters Section 78-285 -Max. 20 sq. ft.43.3 sq. ft.23.3 sq. ft. Menu Board Max. 5’ height 6’ 9" height 1’ 9"Support Max. 10 foot candles (fc)36.4 fc 26.4 fc Support Max. 5.0 fc at property line 13.2 fc 8.2 fc Support Section 78-182(f) (4)- Illumination of uses and buildings Section 78-182(d) - Illumination of uses and buildings 3 City Council Meeting Date: January 10, 2002 Date Prepared: December 20, 2001 Petition SP-0t -10 Code Section Required Proposed Waiver Recommendation Section 78-315(b) Landscape Islands Every 9 spaces 11 spaces 2 spaces Support Staff has analyzed the applicant’s justification and found it sufficient. The City Engineer is a consultant that provides strict technical review and support for the City, and therefore, does not support any requests outside of the Code requirements. PLANNING & ZONING COMMISSION On October 9, 2001, the Planning & Zoning Commission reviewed the original application and recommended that the applicant revise the request per staff’s comments. As a result, the applicant revised the .elevations to include the existing roofline of the building and removed the proposed yellow trim, red wainscoting, and illuminated white roof beams. The proposed signage was modified to a 10.2 square foot logo as opposed to a 67.10 square foot wall sign. The resulting revisions utilized the existing structure’s architecture, consistent with the overall Promenade Plaza theme and eliminated architectural elements more typical of a standard McDonald’s restaurant, which staff considered incompatible with this Site. On November 13, 2001, the Planning & Zoning Commission reviewed the revised application and recommended approval of the petition with staff’s conditions and the applicant’s waiver requests. 4 City Council Meeting Date: January 10, 2002 Date Prepared: December 20, 2001 Petition SP-01-10 Subiect Property Restaurant (Fast ’Food) North Mobil Gas Station South Waterway (Mr. Bubbles) Car Wash West Florida East Coast Railroad (FEC) Plat #1 East Promenade Plaza Planned Community District (PCD) with a Planned Unit Development (PUD) Overlay Planned Community District (PCD) with a Planned Unit Development (PUD) Overlay Planned Community District (PCD) with a Planned Unit Development (PUD) Overlay Commercial (C) Commercial (C) Commercial (C) Residential Low (RL-3)Residential Low (RL) Planned Community District (PCD)Commercial (C) 5 City Council Meeting Date: January 10, 2002 Date Prepared: December 20, 2001 Petition SP-01-10 ’ Code~Re~u ~reme nt~ ~~~i~~.~~ ~ ~ ~ ~: ~ Minimum Building Site Area 0.982 acres for CG-1: 1 acre Minimum Lot Width for CG-I: 1 O0 feet 170’ Rear Setback for CG-1 : 15’ No (Approved as an 0.982 acre PUD in 1987) Yes Maximum Building Lot 8.55%Yes Coverage for CG-I: 35% Maximum Building Height for 19’YesCG-I: 36 feet Front Setback for CG-1:69’ 10"Yes 50 feet Side Setback for CG-I:32’ 3"Yes 15’ +84’Yes 6 Meeting Date: January 10, 2002 Date Prepared: December 24, 2001 RESOLUTION 3, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A SITE PLAN TO PROVIDE FOR THERENOVATION OF A COMMERCIAl OUT-PARCEL LOCATED WITHIN THE PROMENADE PLAZA SHOPPING CENTER, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN APPROXIMATELY 3,658 SQUARE-FOOT DRIVE-THROUGH RESTAURANT; PROVIDING !FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING’ FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received a site plan amendment application (SP-01-10) from McDonalds Corporation, for approval of a site plan renovating an existing commercial out-parcel to provide for a 3,658 square foot drive-through restaurant at the Promenade Plaza Shopping Center, as more particularly described herein; and WHEREAS, ’the 32.25-acre "Promenade Plaza" Shopping Center (f/k/a Gardens East Plaza) is currently zoned as a Planned Community Development (PCD) with a General Commercial (CG-1) underlying zoning, and a future land use of Commercial (C); WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, on November 13, 2001, the Planning and Zoning Commission recommended approval of the site plan amendment application known as "McDonalds within the Promenade Plaza", subject to conditions stated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves a site plan amendment to out parcel #5, as more particularly described in Exhibit "A" attached hereto, to provide for the renovation of the existing 3,531 square foot building and the addition of 127 square feet providing for an approximately 3,658 square-foot drive-through restaurant. SECTION 2. The City Council of the City of Palm Beach Gardens hereby approves the following waivers with this approval: 1.Section 78-285, Menu Board, to allow for a menu board a maximum of 43.3 square feet in area and a maximum of 6’9" in height. The Land Development Regulations allow a maximum 20 square feet area and 5’ maximum height for a menu board. 2.Section 78-182 (f)(4), Illumination of uses and buildings, to allow for a maximum of 36.4 foot- candles within the parking area. The Land Development Regulations allow a maximum often (10) foot-candles. Resolution 3, 2001 Meeting Date: January 10, 2002 Date Prepared: December 24, 2001 Petition SP-01-10 3.Section 78-315 (b), Landscape Islands, to allow for 11 parking spaces without a landscape island. The Land Development Regulations allow a maximum of nine parking spaces between landscape islands. 4.Section 78-182 (d), Illumination of uses and buildings, to allow for a maximum 13.2 foot- candles at the property line. The Land Development Regulations allow a maximum of 5 foot- candles at the property line. 5.Section 78-285, Wall Sign, to allow for one additional wall sign on the south building elevation. The Land Development Regulations allow one wall sign per building. SECTION 3. Said Site Plan Amendment is approved subject to the following conditions: 1.The vinyl covering for the drive-thru canopy shall be at a minimum 17-ounce reinforced grade or its equivalent. (Planning & Zoning) 2.Lighting locations shall not conflict with landscaping (to include long term tree canopy growth). (Police) 3.Landscaping shall not block view of windows and walkways. (Police) 4.The rear door shall be equipped with a 180-degree peephole viewer. (Police) 5.For potential criminal activity detection, the applicant shall install:ahigh-resolution color digital video camera system with monitoring and photo processing picture printout capabilities for cash register and rear door areas. (Police) 6.All perimeter doors shall be equipped with hinges that utilize non-removable hinge pins. (Police) 7.Glass perimeter doors shall be equipped with case hardened guard rings to protect the mortise lock cylinder. (Police) 8.The applicant shall install an alarm system. (Police) 9.All parking stalls shall be double striped. (Planning & Zoning) SECTION 4. Said approval shall be consistent with all representations made by the applicant or applicant’s agents at any workshop or public hearing. SECTION 5. Construction of the site shall be in compliance with the following plans on file with the City’s Growth Management Department: 1.October 10, 2001 Site Plan by Orlando AIonso Architects, Sheet SWI. 2.July 23, 2001 Landscape Plan by Orlando Alonso Architects, Sheet LS1. 3.Sealed October 17, 2001 Landscape & Irrigation Specifications by Bartlett Landscape, Sheet L-3. 4.July 20, 2001 Site Details by Orlando Alonso Architects, Sheets SD1-SD2. 5.October 2, 2001 Floor Plans, Elevations, and Roof Plans by Orlando Alonso Architects, Sheets A1-A5. 6.July 3, 2001 Photometric by Orlando Alonso Architects, Sheet PH1 7.April 20, 2001 Boundary & Topographic Survey by Fortin, Leavy, Skiles, Inc., Sheet 1 of 1. SECTION 6. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 2 Resolution 3, 2001 Meeting Date: January 10, 2002 Date Prepared: December 24, 2001 Petition SP-01-10 SECTION 7. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS OF 2002. MAYOR JOSEPH R. RUSSO ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT 3 Resolution 3, 2001 Meeting Date: January 10, 2002 Date Prepared: December 24, 2001 Petition SP-01-10 EXHIBIT "A" Tract 5, GARDENS EAST PLAZA, accordin~ to £he Plat thereof, as recorded in Offici.al Records Book 60: at Pages ~8 and 59 of the Public ReCords of Dade County, Florida.. .. 4 ~0 _ ...... 2_]-22:1 .~o PROCLAMA TION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; WHEREAS, this holiday called Arbor Day was first observed with the planting of ore than a million trees in Nebraska; WHEREAS, Arbor Day is now observed throughout the nation and the world; WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs,moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our Community," and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, 1, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim January 18, 2002 as: ARBOR DAY in the City of Palm Beach Gardens and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands; and further, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be aff’tred on this 10th day of January in the Year Two Thousand and Two. Attest: Mayor Joseph R. Russo Carol Gold, MMC City Clerk AGENDA COVER MEMORANDUM CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memmandum and Verticutter with an extended warranty Meetk~g-Date: - t[10~02 - Perks-&- Recreation. Other ....Advertised:-. ’Submitted by;.~II[_.X_ ].Not Required ,Michael Kelly, . .~ City Ma [X ] N~t required (Tomly . ..[. ].Other. .. [... ] Approved. _ conditions [ ]Denied 1. Memo .2. GSABid. -3.. FAU BkL .4~- TORO Exteflde6 .00:L-2080-,519.6400.[. ] None. --Equipment.- BACKGROUND: The TOIE)-650ODm~. ~ un(:l~o’nctu’mnceofl:~orida-.A~ __b,’~c Un~crsity Bid#OtK-3-29~. Reel Mower 6000 verti~ reels under GSA ContraCt #GS-07F-8722D. Three year extended warranty. CITY OF PALM BEACH GARDENS MEMORANDUM TO: THRU: FROM: SUBJECT: Ron Ferris, City Manager DATE: December 27, 2001 Jack Doughney, Assistant to the City Manager ./ Mike Kelly, CPRP, Parks Superintendent Tore Reelmaster 6500 Reel Mower & Verticutter Justification and Purchase I would like to recommend the purchase of the Tore Reetmaster 6500 95" Reel Mower and Verticutter attachments from the Hector Turf Company. The items can be purchased on a concurrent basis through a Florida Atlantic University Bid #01K-329 for the Tore 6500 Reel Mower in the amount of $32,600 and the General Services Administration Bid #GS-07F-8722D for the Tore Reelmaster Thatching Reels in the amount of $4908.75. The unit comes with a 2 year warranty and we are recommending the purchase of an ¯ additional 3 year warranty in the amount of $3,150.00. The total amount of all items associated with this purchase is $40,658.75. The items were reviewed and approved by the City of Palm Beach Gardens Fleet Committee at their meeting on Friday, December 21, 2001. The purchase of the verticutting reels at a cost of less than $5,000 will save the expenditure of approximately $10,000 - $15,000 on an annual basis to verticut our sports fields. This is based conservatively on a contraotual cost of $750+ per field with 20 potential sports fields to be verticut. This process needs to be undertaken at least once per year for proper Bermuda tuffmaintonance. TORO Basic Warranty for 2 year or 1,500 hours covers foreseeable maintenance items - copy is attached. Comprehensive Extended Warranty for the 3ra, 4th and 5th year - copy is attached. ¯Reel grinding will be outsourced to Express Reel Grinding who we have used previously. The unit has two switches that reverses the fluid flow (and reels) to bacldap the reels. The only requirement would be that we would need to provide bacldapping material for the operator. Vendor will provide all necessary training on site. The unit will be utilized primarily at Gardens Park with its $ ballfields and 4 multi- purpose fields. However, it may also be used at Plant Drive with 1 baseball field as well. We have several trailers sufficient to transport it for that purpose. The costs are the following: o TORO 6500-D o Verticutting Reels ($981.75 x 5) o Emended Warranty (+ 3 yrs.) $32,600.00 4,908.75 ,, 3, 50.00 $40,658.75 TTL Oe~ 19 Ol 0~:00~Hector Tu~f The Tore Commercial Products Two Year Limited Warrant’ The Tore Company warrants your 1996 or newer Tore Commercial t=roduct ("Product") purchased a~ter January 1, 1997, to be free from defects in materials or workmanship for the period ol time listed below. Where a warrantable condition exists, Tore will repair lhe Product at no cost to you Including diagnosis, labor, parts, and transportation. This warranty begins on the date the Product is delivered to the original retalt purchaser. Warranty Duration: Two years or 1500 operational hours*, whiohever occurs first. *Product equipped with hour meter Owner Responsibilities: As the Product owner, you ate responsible ~for required maintenance and adjustments stated in your Owner’s Ma.nual. Failure to perform required maintenance and adj,,stmi~nts ~.an be grounds ~or disallowing a warranty claim. Instructions for Obtaining Warranty Servi~e: You are responsible for notifying the Commercial Products Distributor o~" Authorize~J Commercial Pr~Jd ucts Dealer from whom you purchased the Produ~ as eoo~ as you 10eJieve a warrantable eonditit~n exists, It you need help locating a Commercial Products Distributor or Authorized Dealer, or {f you haw questions regarding your warranty rights or responsibilities, you may con~ct us ~: Tore Commercial Products Service Department 811 ~ Lyndaie Avenue South Minneapolis. ~N. 55420--1196 Telephone; ~612) B88--SB01 Facsimile: ~612) ~7-8258 E-Mall: Corn meroi~LSe~dce@Tom.Com Maintenance Pa~s: Pa~s ~chedul~d for replacement as required maintenance ("Maime~.ance Pads"), am watt.ted for the ~eri~ of time up to the schedulgd r~tacement time for that pa~, Ite~)Co~itions Not Not a~[ product failures or malfu~tions that ~curr during workmanship. The items / conditions listed below are nol covered ~y thi~ ¯Produc~ failures whi~ result trom the use of non-Tore replacement p~, or from inst~la~e~ and use add-on, modified, or u~approved accessories am not covered. ¯Product fai{ures which result from ~ailure to pedorm required m~intenah~ and/or adjustments ate not ¯Product failures which result from r~per~ting 1he Product in an abvs~w, negligent ~ r~k~ss manner are Post-It e Fax Note e This warranty does not appiy to parts subject consumptlon through use unless found to be defective. Examples of parts which_~re consumed, or used up, dudng normal Product opera~.10n t~cluds, but are not limited to, b!ades, reels, bedknivea, tines, spark plugs, castor wheels, tires, filters, belts, etc. a This warranty does not apply tc 1aiiures caused by outsida infL, enca. Items considered to i3e o~tside ir, fiuence include, but are not limited to, weather, storage practices, contaminalJon, use of unapprovsd coolants, lubricants, additives, or chemlo~ls, ere. ¯Thi~ watra~.ty d¢~es r~ot apply to normal "wear and tear" items. Normal "Wear ~n~ Tear" includes, but is nat limit_~d to, d~mage to aeat~ due to wear" or ~br~sion, worn painted surfaces, scratched decals cr w~ndov~, e~c. Other Legal Disclaimers: The above remedy of pr~t defec~ through rep~i~ by an a~hoHzed distributor or ~aler is the purchaser’s sole ramsay for any defect, This warmn~ gives you spastic Isg~ r~g~s, and ycu may atso ~ave other rights which va~ from state Io ~¢ept for the Emissions warran~ ~emnced below, If applica~ there is no o~er excess w~n~. All tmplled wa~angas of memhanla~llW and lltness for use are limited 1o the du~tl~n of the express warrant. Some states do not allow timitatiens on h~ long an implied warr~n~ lasts, s~ the above ~im;~ation m~y not apply The T~o Company is not liable ~r indlmct, inciden~l or oonsequenlla¢ damages In connection with the use of the Product, tRcludlng ~ cost or expense of providing substilute Prod~ct or se~lce during pe~s malfunction ot non- use. Some states do not ~l~ow the exclusio~ of irtc[denl~l cr o~nsequ~al damages, so the ~bov~ ~xc~usion m~y apply t~ yOU, Note to California r~idents: T~ Emissions Control System on your Produ~ may be covered by a sepmate warran~ meeting requirements establishe~ by the U.S. Env~ronmen~l Pr=ec~on Agency {EPA), or the California Air Resources Board (CARB). ~e ho~r limitations set above do not apply to the Emissions Centre] System Wa~am~. Refer tothe CailfemJa Emission Control Warra~ S~ment printed in your Owner’s Manual or contained 5a engine manufacturer’s document~ri ~or ,details. 12"-~9-2~81 84;47P[1 FROM HECTOR TURF 130,1 N,W, THIRD STREET t DEERFIEI..D BEACH, FI.. 3344;2 TEL: (954) 429-3200 ¯ ICAX: (954) 360-7657 December 19, 200 ! Mr. Mike Kelly City of Palm Beach Gardens 10170 Riverside Drive Palm Beach Gardens, ~L 33410 Via Fax: 561-775-1000 Dear Mr. Kelly: We are pleased to offer the ex~closed quotation for your consideration. The enclosed quotation is based upon your acceptance within thirty (30) days from the date of this letter and is subject so manufacta~rer’s availability and Florida State Sales Tax (if applicable). Our terms of sale are Cash on Delivery or upon credit approval, Net Days. .71"hat~ you for the opportunity to provide you a quotation. If you have any questions or -require addition-a2 inf6rmation, please contact me at (954) 429-3200 extension310, appreciate your interest and look forward to doing business with you, Sincerely, HECTOR TURF Chris Fordney Account Representative Government and Municipals CF:Ik Enclosure i~-:!.-q-2081 ~34 : ,4?PM F’ROI’I HECTOR TURF 15~S~.?’75"I~£~8 P. 02 13’01 N.W. THIRD STIREET / DEEF~F1EL.O BEACH, FL 33,t42 "£~L,: (954i zi29-3200 ¯ FAX: (g54) 3F’.~-7657 Quotation Provided for City of Palm Beach Gardens December 19, 2001 Toro Red Iron Protection Plan 1 ea CM112 1 ea CM212 1 ea cM312 " 1 ea ’ DO112 1 ea ! DO212 lea l DO312 _Desc~on _ Plus 1 Comprehensive. Plus 2 Comprehensive ’~i~s 3 Com0rehensive Plus 1 Drive Train -~ffu-~ 2 Drive Train Plus 3 Drive: Train Unit Price .$1,890.00 2,520.00 3,150.00 -- 1,260.00 2~520.00 Provided by:Chris Fordney (.954) 429-3200 TOTAL P.02 PROTECTION PLAN FOR COMMERCIAL EQUIPMENT CUSTOMER NAME ADDRESS CITY PHONE NUMBER W/AREA CODE ISSUING DEALER :k~.~ LIENHOLDER (IF ANY) TYPE OF ~OVERAGE IRON PROTECTION TORO WARRANTY START DATE LENGTH OF TORO WARRANTY Months PLAN PURCHASE DATE ’TOTAL EQUIPMENT PURCHASE PRICE EQUIPMENT MODEL EQUIPMENT NUMER SERIAL NUMBER ATTAC HM ENT ATTACHM ENT MODEL NUMBER SERIAL NUMBER EQUIPMENT TYPE PROTECTION COVERAGE CODE This plan is not an insurance policy. It is an agreement between you, the Customer, and The Toro Company or one of its wholly owned subsidiaries or affiliates ("Toro"). By acceptance of this Plan, Customer understands there are distinct cover- ages, terms and condition, and that coverage is for Toro products exclusively, and is subject to approval and acceptance by Toro. For a repair to be covered by this Plan, the Distributor must notify the Toro Red Iron Protection Plan Administrator to receive an Authorization Code PRIOR TO REPAIRS BEING PERFORMED. COMPREHENSIVE PROTECTION ALL OPERATIONAL PARTS, COMPONENTS, ASSEMBLIES OF THE MACHINE INDICATED ABOVE, including Toro manufactured attachment purchased with and included in the Equipment Price indicated above, subject only to those exclusions stated on the back of this Plan. TRANSPORTATION BENEFIT: If Customer incurs Pick-Up/Delivery Expenses due to the mechanical breakdown of a covered component, the Plan will pay up to $30 per repair towards transportation or field service trips. If such charges exceed $30, Customer will be responsible for paying difference. This benefit will not apply to trips for routine service/maintenance, tune-ups or adjustments; a mechanical breakdown must have occurred involving a covered part, component or assembly for the Transportation Benefit to apply. DRIVETRAIN PROTECTION ENGINE: All pans contained within the engine block, cylinder head, crankcase or motor housing; the engine block, cylinder head, crankcase or motor housing if damaged by the mechanical breakdown of an internal part. MANUAL OR HYDROSTATIC TRANSMISSION OR TRANSAXLE: All parts contained within the transmission or transaxle case; transmission or transaxle case if damaged by the mechanical breakdown of an internal part; hydrostatic or hydraulic pumps, valves and motors. DRIVE AXLES~DRIVE ASSEMBLIES: All pans contained within the drive axle housings and 4 wheel drive assemblies; drive axle housing if damaged by the mechanical breakdown of an internal pan; hydraulic drive pumps, valves, steel lines and motors which are attached to the main frame of the machine. TRANSPORTATION BENEFIT: If Customer incurs Pick-Up/Delivery Expenses due to the mechanical breakdown of a covered component, the Plan will pay up to $30 per repair towards transportation or field service trips. If such charges exceed $30, Customer.~will be responsible for paying difference. This benefit will not apply to trips for routine service/maintenance, tune-ups or adjustments; a mechanical breakdown must have occurred involving a covered part, component or assembly for the Transportation Benefit to apply. TORO RED IRON PROTECTION PLAN 800-9 76-TORO P. O. Box 25407 ¯ Overland Park, KS 66225-5407 (800-976-8676) ALL CLAIMS MUST BE AUTHORIZED BY TORO PLAN ADMINISTRATOR PRIOR TO REPAIRS BEING PERFORMED. Part No. OI 1-01-T TERMS, CONDITIONS AND EXCLUSIONS MECHANICAL BREAKDOWN COVERAGE: The Toro Company or one of its wholly owned subsidiaries or affiliates ("Toro’) agrees to repair, replace or reimburse Customer for reasonable cost repair or replace any covered part, component, or assembly of the covered machine if required due to a mechanical breakdown, subject only to the exclusions stated below. Mechanical Breakdown i~; defined as the sudden failure of a defective part, component or assembly", or, "faulty workmanship on a part, component or assembly as supplied by the manufacturer". Reasonable cost is defined as the charged for the repair or replacement of covered parts at prevailing labor rates, using Toro parts of like kind and quality, which may include approved used and/or remanufactured parts when necessitated by original parts being discontinued or unavailable. TER~M: The term of the Plan shall be from the "Toru Warranty Start Date" indicated, through the Torn warranty period, to the end of the "PLUS" term indicated. The Plan coverage begins when the Torn warranty ends, whether due to hours of use or passage of time. Toro reserves the right to reassign the end date of the Plan’s coverage when the "hours of use" ends the Toro warranty coverage prior to the passage of two calendar years. LIMIT OF LIABILITY: Coverage provided by this Plan is subject to the following limits: the total cost for any single repair shall be limited to a ma.~imum of 25% of the Equipment Purchase Price indicated on the front of this Plan; the total cost for all repairs over the full term of this plan is limited to 50% of that Equipment Purchase Price, or $20,000, whichever is less. CUSTOMER RESPONSIBILITIES: In order to keep this Plan in force during its term, the covered equipment must be serviced as recommended by Toro. If Customer performs own maintenance, a written record of service must be maintained, along with receipts showing dates of purchase of maintenance parts, lubricants and/or materials. In the event of a claim involving serviceable parts, and if requested, a copy ofthe service record and pertinent receipts must be furnished to Toro. The required servicing shall have a tolerance of 50 hours for those machines equipped with an hour meter. IN TI-~ EVENT OF A MECHANICAL BREAKDOWN, CUSTOMER MUST: 1.Use all reasonable means to protect the equipment from further damage; 2.Contact your Toro Distributor for assistance; 3.If requested, provide service record and receipts for required maintenance parts, lubricants or materials; 4.If Toro should deem necessary, allow them or representative to inspect damaged parts and/or machine. ~XCLUSIONS - COVERAGE SHALL NOT APPLY: 1.For repair or replacement of any covered part if a Mechanical Breakdown, per definition above, has not occurred. 2.For any breakdown caused by collision, fire, theft, vandalism, riot, explosion, lightning, earthquake, windstorm, hail, water, flood, other Act of God or environmental damage. 3.For liability for damage to property, or injury to or death of any person arising out of the operation, maintenance or use of the covered equipment. 4.For any breakdown caused by alterations, misuse, abuse, negligence, lack of normal or required maintenance, or for failure to protect the covered equipment from further damage when a breakdown has occurred. 5.When responsibility for the repair is covered by any Toro warranty or repairer’s guarantee, or if Torn has announced responsibility through product or part recalls and/or repair bulletins. 6.For seized or damaged parts or components resulting from failure to maintain proper levels of lubricants and/or coolants. 7.For loss of use, time, inconvenience, profits, or other consequential loss. 8.For damage to a covered part caused by the breakdown or failure of a non-covered part or component. 9.For any breakdown caused b’y contamination or restriction of fuel, coolant or lubricant systems, or damage resulting from rust, corrosion, freezing or overheating. TRANSFER PROVISION: I0.For the cost of labor or maintenance/service parts described in the manufacturer’s maintenance instructions for the equipment. 11.For the cost of maintenance/service including, but not limited to, engine tune-ups, routine adjustments, replacement of engine parts for the sold purpose of increasing operating performance, filters, spark plugs, spark plug wires, glow plugs, manual clutch facings, plastic or robber parts/hoses, hydraulic hoses, or belts, unless required in connection with the repair of a covered part. 12.For exhaust system parts, brake linings, brake rotors or drums, tracks, wheels or tires, wheel covers, lug nuts, batteries, battery cables, thermostats, freeze plugs, blades, external chains, or nozzles, unless required in connection with the repair of a covered part. 13.For bright metal, sheet metal, ornamentation, molding, paint, glass, LEDs/LCDs, lamps, lenses, trim, seats, or fabrics, unless required in connection with the repair of a covered part. 14.For the replacement of lip seals in which oil leakage was caused by normal wear or damage, unless required in connection with the repair of a covered part. 15.For the costs of parts.shipping, equipment storage, environmental charges, state and local taxes, or shop supplies exceeding 5% of parts and labor or $10.00 per repair, whichever is less. 16.Travel or transportation costs exceeding the $30.00 Plan benefit. 17.For any claims presented for which prior authorization has not been obtained. Coverage may be transferred to.~any new owner until such time as this Plan expires. Change in ownership of the equipment must be reported to TORO RED IRON PROTECTION PLAN Administrators within 45 days of change of ownership. CANCELLATION PROVISION: This Plan may be cancelled by the Customer upon giving written notice to the Toro Distributor indicating when the cancellation is to be effective. In the event of cancellation, the Distributor will refund the unearned Plan price calculated on a Pro-Rata method reflecting the days in force, less any prior claim payments, unless otherwise prohibited by law. If no claim has been paid under" the terms of the Plan, the full Plan price will be refunded provided written notice is received by the Issuing Distributor no later than 30 days after the purchase of the equipment. If the equipment described and this Plan have been financed through a lender and Customer defaults in the repayment obligation to that lender, the Distributor reserves the right to either cancel this Plan or transfer the rights under this Plan to that lender. In the event of cancellation, the lender shall be entitled to all resulting refunds. If a lien is outstanding against the described equipment, any refunds will be made payable to the Lienholder. NOU-38-20~I 13:53 HECTOR TURF 95.4 360 ~164 FI.02./:9 1301 N,W.[HIRE) 5FREET 1 DEfiRFIELD BEACH, FL 33442 TEl.: (954) 429-3200, FAX: (954) 360-7657 November 27, 2001 Mr. Mike Kelly City of Palm Beach Gardens 10170 Riverside Drive Palm Beach Gardens, FL 33410 Dear Mr. Kelly: We are pleased to offer the enclosed quotation for your consideration. The enclosed quotation is based .upon your acceptance within thirty (30) days from the date of this letter and is subject to manufacturer’s availability and Florida State Sales Tax (if applicable). Our terms of sale are Cash on Delivery or upon credit approval, Net Days. Thankyou for the opportunity to provide you a quotation.. If you. have any. questions or require additional information, please contact me at (954) 429-3200 exlens~on 310. appreciate your interest and look forward to doing bt~sineffs with you. Sincerely, HECTOR TURF / Account Representative Government and Municipals CF:Ik Enclosure NOV-30-~001 13:53 HECTOR TURF 954 560 016~ 1301 N.W. THIRD STREET i DEERFIELD BEACH, FL 33,142 TEl.: (954) 429:320b ¯ FAX; (954) 360-765? P. EG./19 Quotation Provided h~r City of Palm Beach Gardens November 27, 2001 Model # 03803 Toro Reelmaster 6500Dwith: 42 HP Kubota Diesel Engine 7-Blade Reels ROPS with Canopy,, ....Ufiit rdee $32,600.00 Extension $32,600.00 Priciag per F.A.U. Bid #01K-329 ~ ~ [-~oro =lmastei-6500DThatching ~ l Reel Unit Pric.e,...I Extension $981.75 $4,908.75 Pricing per GSA Contract #GS-07F-8722D Provided by: Chris t~’ordney (954) 429-3200 13:53 HECTOR TURF 954 360 016~ ! GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY CONTRACT GS-07F-8722D GSA PRODUCT PRICE BOOK Modification# AS21 CONTRACT EFFECTIVE DATE MARCH 01, 1996 THRU FEBRUARY 28, 2006 Oa--Line access to contract ordering infoar, ation, teml~ and conditions, up-to-date pricing, and the option to create at~ electronic delivery order is available through GSA Advantage!, a menu-dt-ivert database system. The [NTERNET address for GSA Advantage! i~; http://www.p, sa.gov HECTOR TURF 954 CENTURY EQUIPMENT, ZNC. GSA PRODUCT PRICE L~ST E~FECT/VEMARCH 1, 1996 THRU FEBRUARY 21, 2001 C0~CT ~ER: GS-07P-8722D M~DEL SIN-NO ~qI~B~R DESCRIPTION GSA PRICE REE~MASTEn 6000s TRACT~0N UNITS 341-6B 03B03 Reel~ster 6S00-D ~WD 24,745.~7 341-6D 03804 ~e!master 650~-D 4WD 27,252.~2 ~E~STE~ 6000s ~G ~ZTS 7 ~lad~ Cuttin~ ~t II ~lade Cu~tin~ uniu ~STER 6000s OPT~ON~ ACCESSORIES 3~I-25 30707 A~e~t Ki~ 34~-~03521 ~ Defender Kit 341-25 G~522 Tu~ Defender T~k Kit 300.30 341-~5 55-4750 H~d Held D~a~os~ic TOP1 142.78 341~25 93-29~2 Rear Roller Scraper Ki~ (Se~ o~ 5)i22.~9 341-25 93-2957 ~r~t. RolI~ Scraper 3~i-25 99’-3~%0 Solid Front Rolle~ (Eech)18~.02 !4!-15 93-9160 F~ri~ C~opy ~or ROPS 76.5~ 2~i-~5 94-2836 Rear Weight Kit 624.85 3&I-~5 94-4346 Thatching K~I S~a~er Kit ~Each)222.08 ~I-~S 94-81aB 14" Wid8 Front Tare (EaCh)179.56 341-25 94-81~9 ~im FO~ 9~.-~43 (Each)78.20 341-25 95-0662 Ace Toro DiBke~t~19.87 3aI-25 94-8900 Pron~ Wiehle Scrape~ Kit (7)227.17 ¯ 341-25 9~-~901 Rear Roller Scr¢~pex Kit (7)171.49 ~SPORT P~ 3 Unit Lift Z Unit Tr~spor~ 5-7 Transport Fr~ Kit: (SeCUres 3345~) 3 UniE Reelmaster Fr~e B-S Uniu Con~erslo~ 5-7 Unin Conversion (Re~ires 331~5 & 3B155~ 50"S Blade (W/O ~eel$) 30"7 ~iade (w/o ~eel~s) (i} 30"II Blade (W/O %~eels) (I) ~RS~ & ~SPO~T ~ ~EELS 16" S~eel ~weels - Pai~ 16 ~’ Sem~-Pn~atic ~esls ~w, Profi~= - Pair 16" Pneumatic ~e!s - Pair 18. Semi-Pneumatic ~NI~RS~ ~ O~TIO~A~ ACCESSORIES 3~I-,25 47-~5~0 Roller Scraper Kit 35.5s 3~I-25 48-1900 Closed Cen~r Conversion Ki~335.51 3~1-25 47-5390 Grass Dispersion Shield Kit (Pits 01011 Only)56.82 B41-~51-3060 Conversio~ Kit 18" ~els (~r~nsport Fr~)77~06 B~i-25 5~-1760 Mitch Bald-Coupler Kit 136.91 ~41-5A 03857 1,547.70 3~!-5A 038~8 1,5~6.57 3~I-5A 038~9 1,651.65 341--25 4486@ 981.75 341.-25 33455 7,334.~5 311-25 33145 1,2~.72 941-25 33155 1,1.16.12 341-25 33165 912.45 34~-5A 01005 I,~86.30 341-5A 0[007 1,720.95 341-5A 0i0!I .i~778.70 ~1-25 0,1336 341-25 01304 294.52 ~41-25 013~3 3~i-25 01~35 PRICES QUOTED ~0B DESTINATION WITHIN ~ 4~| CONTXG*JOUS STATES,WASHX~GTOH DC, OR ~,A~ESZ PORT 0FER~Rd~W.~T~0~ FOR O~FERSEAII SHIPMENTS PAGE NOU--30-2801 13:54 HECTOR TURF PURCHASE ORDER ~r,P "r~’FLORIDA ATLANTIC UNI~/ERSiTY SEE BIELON DATE... HECTOR TURF 1301N,W. 3RD ST. DEEHFIELD BEACH FL 33~2 954 368 0164 F’.P~6/I_q NO. 121050 DIRECT ALL CORRE,~PO,~Of~NCE TO DIRECTOR OF PURCHASING ~U~MIT INVOICI A~D ORIGIMALFREIGHT T~ FLORIDA AT~NTIO UNIVERSITY EA RATOH, FLORID~ TAX EXEMPTIONFLORIDA ~-114~1-~7C FEDERAL ~07 ITER~ET 30 DAYS ’Ol~J, CODE ~UANTITY I DEPT.t’tO.AND UNITO~SCRIPTfON INVITATION REG~.NO. 01K-329 NO. NONER, 2000 TORO REELNASTER ~ODEE. ~6500-b, ~03803 5-7 BLADED REELS 95 ~ CUTTING NIDT~, \LL ~PEC~FZCATZONS AS PER BID DELiVeR FAU/TRANSPORTATION BI_D~T--17 777 GLADES RD BOCA RATDN, FL. CONTACT JOHN CUTRONE AT 561-297~2295 2~ HRS PRIOR TO DELIVERY "9307 UNIT PRICE THAT TIlE D. 32600 01 O0 3260O SI(ZNINV ] BELL K lVF5921995].~,00] TOTAL "- MATERIAL IS SUBJECT TO UNIVERSITY’S INSPECTION AND AFPROVAL WITHIN A REASONABLE TIME AFTER DELIVERY. ~FLORIDA ATLANTIC UNIVERSI~ BY P~IRCHA~IN~ 32600.0C NECTOR TURF \I HOU-3~-2001 13:56 HECTOR TURF FLORIDA ATLANT’C PURCHASING ~OM1NIST~ATION ~UILDING, ROOM 777 GLADES ROAD, P.O. BOX 3091 BOCA RATON, FL 33431-0991 Telephone Number: (561)-297.3080 S. T,~TI~ OF FLORIDA INVITATION TO BID None ~ NAME HECTOR TURF VE"~’~-R ¯ MAILI N G ADDRESS 1301 NW 3rd SEreet CtTY-3TATE,Z.!P D~erfield Beach, ~L 33A42 ARF_A CODE i TELEPHONE NUMBER 429-3200 954 REASON FOR NO BiD AUTHORIZED SIGNATURE ~PED) TITLE ,NO~J - 3~’D- ~-~381 13:59 HECTOR FLORIDA ATLANTIC UNI~’ERSITY TURF $54 368 GENERAL CONDITIONS 0[. 02. 03. 04. 01, 06. 07, FOR PROPOSAL FOI~M/R ._.ETITG_ RN ENVELOP .F~[ All r~p~nS¢.~ must be submAt~d on the State of HotlY, R,qucs For Pin,sat Ac~wledg~nt fo~ in order to bc ¢o~id¢r,d in ~h~ award pto~. The Gd#~ ~ ~t b, p~rly completed, ~xecu~d ~d r,~ed. P.i~ at, ~cquezt~ m ~ ~c cnclozd ido~fica~oo labels on their envclo~/pac~gc~ wh,n c~ing ~eir ~~SAL TAg UL.A .T!_..Oi~ Old tabulation wi~ recommended award* will be posted ~or review by {aterest~.d parties on ~, b~ledn ~a~ ou~i~ ~ O~ce of th~ Di~sio~ of ~tch~ir~g, ~ 207, Admi~don 8~l~ng, P~O~ Afl~dc’UMver~i~. ~ ~b~adon w~t r~in ~d ~r a ~dod of s~ven~o (72~ horn excMding wcc~ aM holi~ys. Failure to file a pmmst wi~n ~c time pf=cd~d in ~on 120,~3(~. I=tod~ S~mt~, s~ll co~mte a waiver of pr~¢~ings ~r ~pter [20, Flod~ Statutes. the event of extortion error(s), the at, it price w~ll prevail and ’.he propos~r’s total offer will be corrected accor4iag~,y, ha the event of addltion error~, the ¢~t~ade¢~ totals will prevai[ and the bidder’s total offer will be corrected accordingly. Contractor’s mu~t check ~h~’ir ~’e~ponse propo~l whcr~ applicable. F~ilure to do so will be at tim of’f-,ro:’, Bid advertisement i~ormadon including a li~fiag of the rifles, numbers and opening ~t~ of upcoming Invitations to Bid/Reque.sts for Proposals nm~ be reviewedat FAU ’~ Purchi~ing [rtt, rrmt websit,: I~ ep://w~,w,fau, edu/~rch~ir.¢ The Director ~f Pro’chasing. by wriuea notice, may t~tminat~ ia whole or in part. any purchase order from Otis Request For Proposal. when such acxion is in ’.he bc~t interest of the Urtive, t~ity. A wducn addendum may be issued pdor to ~e bid/proposal opening which may modify, suppbmem or interpret any po~oa of this R~qu¢~t.~ : "in~rmafon from other .sources a~e au_th_o~ ~e~Unive~sit~ EI._~B_LIC EN_’I._I_TY__CRIME LAW a,:cocda~ce wi~ the Board or" Re~nt~ rules tbr th~ Admi~.ist."~tio~ or: Purchasing Program. Chap¢cr 5C-18. Administrative Code, 6018.050 (6) ,ffe~tive January 13, 1999: IqOU-31~-28E~I 1 _%: 57 HECTOR TURF q=_._.4 368 016~; P. I~/19 FLORIDA ATLANTIC UNIVERSITY 08, 09. I0. "An Institution shall not accept a competitive solicitation from or pt~rchase commodide_s or contractual ~rviccs fi’om a person or affiliate who has been convicted of a public ~ntity crime and h~s b~cn placed on the State Of Florida’s convicted vendor list for a period of 36 months from the date of. being added to the convicted vendor list." "Re St3te Uaiversi~¢ Sy~em believes ia equal opportunity practicas which coafo~ to ~ ~e spirit and ~te letter of all laws a~i~st discd~on and i~ com~6 to non~sc~inadon ~cau~ of ~ce, crY, color, sex, ag~, ~fio~l ofi~n, or reli~om To ~ co~ider¢d for ~ncl~ion = a supplier un~r ~s a~e~ment, ~,~ offeror ~i~ ~ ~e ~llowing: I.~e pmvizions of Ex~ugve Order 112~, ~p~mber 24, 1~5, and ~¢ ~es, m~afiom and relevam or~rs of ~e ~crem~ of ~)r a~ appli~ble to each order plac~ a~imt ~s a~meat ~¢gardl~s oF . value. If ~’.e offeror expect~ tO. receive $10,000 in orders during the first 12 months of this agre~me.rrt, a complet~ certificate of non-segregated t~acilitiez shall be attached to ~he bid r~pc, t~e. S~mple certificate a~ehed. ., 4 If dae offeror expects to receive $50,000 i~ orders during the first twelve month.s of (hb agreement and employs more thaa 50 people, standard form tO3 (EEO-I) must be filed prior to March I ~" each year. If the offeror expects t.o receive $50,000 in orders during {ae first 12 months and employs more than 50 people, a wri~tetl prog-r~m for a~.rmzdve action c~mplia_nce must be maintained by the offeror, subject to review upoe co..quest by the user agencie~ of Persons with a c~ability requiring accommodation should eomact the FAU Eqa~l Opporttmity Programs Of~ce at 561/297-3004 at least five working days in advar, ce :o m~ke appro~ria~ arrangements. Perso~ts with hearing or speech impairmenLs gho~d contact ~e same by using the Florida Dual Part~’ Relay System at 1-800-955-8770 (voice) or 1-800-955~8771 (TDD). In aceo~dan~ with the P, oazd of Re~ertts t’~e~ for ~e Adx~fion of P~ing ~o~m, ~ptet 60 18, Hod~ Admi~tive C~de, 6C-t8.050 (6) effec6ve Jan~ 13, 1999,~mdti~le r ~: ~nty b~ine~ en~ofi~e ~cipafion, co~~ manu~ in ~e s~, Flori~ business ~ a drug-f~e workplace pro~n, or forei~ ~nufac~ers located [n ~e sm~, to dete~ne com~c~ award. In ~e 6"cent an.~~~. ~en award p6o~ty shall ~ a~i~ in ~e folbwing order: 1) The earliest response as evidenced by FAU Depat’tme~t o~ Puxcha~ing time stamp oa the returned bidlpr~po~t envelope. 7.) Colo-toss. p~¢ 4 NOU-38-2881 13:58 HECTOR TURF 954 36~ 9164 FLORIDA, ATL&NTIC UNIVERSITY ].2, 14. IF,~I1GRATION AND NATIONAL/ZATION ACT. NO’lICE "1"O BIDDER/PROPOSER: Flodda Atlantic University shall consider die employment by any veodor/con~actor of tmauthorized aliens of Section 274(e) of th~ bnmigradon and Natioralizadon Act. Such violation shall be causa fo~ ,.mi[~rM cancMladoa of L~s contract. All bicl,/taccposal t’asDo ~n.se~ ~atl be CLEARLY rrutdccd on fine outer front package of the BID,rRJzP N’UMBER., TITLE, DATE and TIME of closing. Whertever po~ible affix ate pr~qtddr~sed pink envelope provided in th~ Request Eo~ Bid/Proposal to @~ ~xzerior oi: th~ envelope. Receipt of your respons~ by the FAU Mai/center (or any other ~r,,.a ac~ep~nc~ by ~o FAU ~c~ing Depict. It is ~e ~sFo~sibi!i r~eiv~ by ~c b~ch~ing Dep~nt ~fore ~e e~blish~ ct~ ~w ~ ~. T’ner~brc, bNtde~s subrai~ag ~eir bids ttux)ugb commercial carri,~rs, couriers, and overnight services ate advised to schedule their deliwry ~erval ~tys PRIOR to the ~tabtished. tic,sing date aa~l ti~. Pl~a~. note ~at it may take ~rtadditiotml day t~ route respo.’~e.s fl~m tlae FAU Mailr~om to the Purchasing Department. All vendors requiring access to FAU Campu~ss other thaz for deliivery purpos~ are t~qu~’ed comply wi~ alJ. Tr’dfic m~d ParkJug rules and must obtain an FAU Paddng Decal at the conrzactor’s expense. 1~ae d~x:als can b~ obtaine~t ti~m FAU’s Tinge and P~r~_.ng Of-rice loca~d in Oe University Police Stadon, Bldg ¢9. For information concerning paddng decals or th~ Univet’s~l,’y’s t:r~=:te aad ~afety ru~es ~l t~gttlations, please call or (56l)-297-2770 or ~tcc~s the Traffic and Partdag website on the [ntetn~-t at: http://www, fau. edu/admm/traf~ie/homepage.htm. All UniversRy partdng rules are strictly enforced on all c~mpuses. Contrac,.or is rezpoa~ible for obeyir, g all ~’a~c and ~fe~ Pales ~nd liable for a~y fines and/or aiscipiima3, aetiorts for violation of these rules. Vendor agrees to abide by FAU rules, including the Scx-ual Hara~’,sment Policy, rub 6c5-5.012 of the Florida Adtnlni~tratlve Code. A copy of r~e Sexual Mara.ssmeut Policy i_~ available at FAU’s Office of E .qp.al Opptwtu~" P~gram~ by ¢~ltiag 561-297-3004 or on ate Put-c~.~it~g Web $it¢: at http://www fau.edu/purchas~n~/po~icy, N0~-30-2~01 13:58 HECTOR TURF 954 360 0164 Florida Atlantic University /nvitation to Bid #01K~329 Boca Ratcn, FL 33431 One (1) New Diesel Powered-Ride-On Lawn Mower 1.o P__URP.9 _E_ .. Florida Atlantic University (FAU) is requesting bids from qualified suppliers to provide and deliver one (1) new diesel-powered heavy-duty ride..or~ lawn mower for the FAU Physical Plant/ Grounds and Transportation Department. Equipment provided shall be of the product name and model or its approved equivalent as listed in the specification sheets. All equipm.=.nt shall be new and unused, of current production, and equipped with all of the manufacturer’s standard features, capacity and equipment. When delivered, the mower shall be fully assembled, with lubricants at acceptable operating levels, sufficient fuel ~or test and ready to operate. The mower’ shall be delivered during regular business hours, 9:00AM through 4:00PM, Monday throughFriday, excluding holidays, F.O.B. Destination to: The vendor shall be responsible for unloading the mower from his truck. Ship ~o: Florida Atlantic University Building #T-17, Grounds and Transportation Dept. 777 Glades Rd. Boca RatQn, FL 33431 Contact prior to delivery: John Cutrone, Phone# (561) 297-2295 2,0 BID INSTRUCTIONS Sealed Bids will be received by the Director of Purchasing, Florida Atlantic University (FAU) for all listed items no later than 3:00 PM Eastern Standard Time, Wednesday, September 6, 2000. It is the sole responsibility of the bidder to ensure his bid is received at the I~roper time and place prior to the announced opening date, Bids shall be submitted: or, By Mail To: Florida Atlantic University Purchasing Department Administratior~ Building.#10, Room 207 777 Glades Rd. .8oca Raton, FL 33431 Hand Delivered To: Fbrida Atlantic University .. Boca Raton Campus, Administration Building (#10), Roam #2_07 Purchasing Department Lobby 77.7 Glades Boca Raton, FL 33431 The bid will be awarded t~ the lowest responsive and rBsponsible bidder on a lump sum basis. FAU reserves the right to waive minor technic~lities, reject or accept ar~y part of a Page 6 of 10 b~OU-3E~--2001 13:59 HECIOR TURF Florida Atl.a tic University I,~vi~atio,n to Bid #01K-3~9 Boca Re:on. FL 33431 One (1) New Diesel Powered Ride-On Lawn Mower Did, reject all bids and ~e-bid. The Physical Plant/Grounds and Transportation Department has determined the product listed is the most suitable for its intended application and durable for use in the area of grounds to be maintained. The mower shall be equipped with all the manufacture.r’s standard features, and shall operate at a standard level of proficiency suited to its intended function. Bidders submitting brands and/or models other than the equipment listed shall comply with Page 2, Paragraph 7 of this Invita~ion to Bid (Form PUR 7028). In the event the brand/product specified has been superseded, upgraded~ replaced or updated, the b(dder shall provic!e the corrected and/or updated name/brand model number of ~.he product bid in the margin adjacent to the affected bid item. All bids will awarded ~o se.,’ve the best interests of Florida Atlant{c University and the State of Florida. Bidders, to ensure their bid is responsive, sha!l compleie all information included in the. blanks p~’ovided in the bid document, if bidding a unit.other than the prod~ct specified, attach all information as appropriate, (i.e. manufacturers’ .,;~ecification sheets and w~rranty s~atements or sample certificates, etc). All bidders shall sign and certif,/their bid in the space provided on the bid cover sheet and the pricing s~eet. Bid responses to be considered complete and responsiJve shall include completed and signed: Bid Certific=tic~n Cover Sheet (P~ge 1) Form 7028 P~cing Sheet = Page 10 Exhibit A - Certificate of Non-segregated Facilities Exhibit t~. Certification of Y2K Compliance Any ExceptionsNariances listed in detail on separate sheet Addenda (if applicable) Specificz~tion Sheets o if bidding a unit other than specified. All bids shall be typed or printed clearly in ink. The bid price, certification sheet shall be signed and certified by the bidder’s authorized representative. Failure to submit a complete bid may serve as cause for rejection of that bid. Bids will not be accepted by e!ectronic means, including but not limited [o, facsimile transmission, electronic mail, etc. Bids will be opened at 3:00 PM, We~nesclay, September 6, 2000, in the Purchasing Department Conference Room #218. The public is welcome to attend, Any bids rec, eived after the published date and time wilt be retun~ed to the bidder unopened. All bids shall be submitted sealed in the pink envelope provided in the bid package or a sealed envelope, which shall be clearly marked as follows: Bid #01K-329 One (1) New Diesel Powered Mower Bid Opening: September 6, 2000, 3:00 PM For any questions regarding this Invitation to Bid, please contact Ken Willaman, Purchasing Coordinator, at Phone #(561 ) 297-3082, or byFax #(.561 ) 297-30B4. Page 7 o1’ I 0 NL]U-30-2~Z~I 13~59 HECTOR TURF 95~ 360 ~,~ P. Florida .Atlantic University 1, vitatio Bid #01K-329 Boca Retort, FL 33431 One (1,) New Diesel Powered Ride-.On Lawn Mower 3.0 ITEM OF E~ID Product Name Brand and Model/Part Numbers or their equivalent: 2000 "l’oro Reelmaster #6500-D with 38HP Diesel Engine, 5 7-b!~de reels, Mo~el #03803 3.2 Use of Product Name 8rand and/or Equivalent Use of manufacturer’s names, trade names, brand nantes, mode~s, part numbers, ~ndlor catalog reference numbers listed in a specification are for information and reference, so as to establish .FAU’s expeC, e¢l standard level of performance, description, features, capacity and q,J~lity desigr~ed to perform a specified task or function. Use of these names is not intenderJ to restrict, constrain or limit competitive bidding, but to provide bidders a frartlewor~, of performance and design specifications to gui~le bidders to their unit(s) to ~e purchased ot their approved equivalent. Bidders may offer equivalent make/models, provided they are authorized by the respective manufacturer to make such offer, and which shall meet and~or ex~:eecl the specifications herein. The bidder shall prove, by use of informational iiterature, such as brochures, pt~s. specification sheets, sample warranties, and other descriptive material, to demonstra{e that. ~heir unit bid is the equivalent or better than the unit specified, FA, L! ross.ryes the right to determine if the alternative unit bid is ~.r~eequivalent to the s;pecified unit. 3.3 Specifications Description:One (1) new, Toro 6500-0 R.,=,e!master Mower, Modet #03803, Two (2) Wheel Orive Engine:Diesel - powered, 38HP, 4-cycle, overhead cam, 116 c.i. (119 L) displacement, liquid cooled; ,~utornatic glow plug controller, HD 2- .stage remote air cleaner. Rotacy fuel injectior~ pump with integral energize~to-run fuel flow solenoid. Replaceable spin-on fuel filterlwater separator with water senso;. Fuel Capacity: 15 Gallon diesel fuel tank. Cutting Blades:Five (5) 22" wide by Seven - 7" diam, gter cutting blades; All cutting units fully interchangeable, 95"-96" wide cut. Five (5) 7-blade reels Controls:Foot operated traction and brake pedats. Hand operated throttle, .traction speed limiter, parking brake la{ch, ignition switch witt~ automatic preheat cycle, single.ioystick control for cutting unit on/off and lift/lower. Cutt{ng unit backs!a# switch located under operator’s seat. Reel speed control input located under control panel. HOC .selector knob for setting correspor~din9 HOC setting of machine, per Page 8 of 10 NOU-3@-20@l 14-" 0~HECTOR TURF _q54 Florida Atlantic University Invitation to Bid #-01K-329 Boca Raton, FL.3~431 O.n..e_~)...~ew Diesel Powered Ride-On Lawn Mower decal under seat frame. Automated Control system to allow.timing and control of machine functions. Cooling:Rear mount, cress-flow agricultural type radiator, nct less than 5 rows, 7 fins per inch. Remote mounted 1 quart (94 liter) degassing/expansion tank. Cooling system 3.5 gallons, air to oil coeler, mounted in fl’ont of radiator, tips outward for cleaning access. Electrical:12 Volt, 650 Cold cranking amperes at 0 degrees F (18 dog C), 105 minuie reserve capacity at 80 dog F (27 dog C), maintenance-free battery, electric starter. 55 amp alternator with I.C. regulatodrectifier, Automotive type elec[~rical system. Searswitch, reel and traction interlock switches. Frame/Safety:All welded-steel frame with tie-down loops. Power steering. Single deluxe drivedoperator seat with adjustable suspension and fore-aft location. Four (4) post fOPS with canopy and seat belt. Ga~Jges:Hour meter, speedometer, fuel gauge, engine coolant gauge, and warning light cluster, engine oil pressure, high engine temperature, charge indicator, glow plug, water in fuel ind;cator, low water indicator. Reel control lamp to indicate the reels are not providing the desired clip. Drive/Wheels Tires:Two (2) Wheel Drive, b~o rear steering tires, 20 x 10.00q0 ~ubetess, 6-ply rating. Two front traction drive tires: 29 x 14.00-15 tubeless 6- ply rating. Brakes:Wet triple disc bra~.es on front planetary assemblies may be actuated individually for service brakes or locked together for transport or parking. 0ynamic braking through hydrostatic traction drive. Page 9 of 10 NOU-3~-28~1 i~: IZ}E}HECTOR TURF ~=,_a._..~ 360 E}IF.~ P. 1F,/~_ __q Florida Atlantic¯ University ,., Invitation to Bid #01K-329 Boca Retort. FL 33431 One (1) New Diesel Powered Ride-On Lawn Mower 4.0 ¯ BID PRICING AND VENDQR CERTIFICATION _#C;~..~em Oescd t~Mfr.lPart’# ~1 each 2.000 Toro Reelmas~er 6500.D, Model #03803 Lump Sum Total Price Deiivere0 to FAU:$.32,600,00 Delivery: 30 Calendar Days after receipt of FAU Purchase Order. Manufacturer/Vendor Stated Warrant/on Equipment Limited Wa,’ran~y. .2 "Year or 1500 Hours Location for Wa~an~Work/Repairs: Deer£ield ~each., }3, 33442 Hector Turf, 1301 ~4 3rd S~reet, Note:The bid will be awarded to the overafl lowest responsive and responsible bidder on a lump sum basis for the item indicated above. The pricing provisions outlined below will not be factoredto d~termine the lowest bid received. 4.1 81DOER TO MAINTAIN BID PRICING FOR 180 DAYS Bidder to maintain bid pdcing above for similar mower for 180days or more for purchase of ad0itional mower(s) on a.~ "as requked" basis, Yes..... X.. pricing extended for 36__~_5 days No 4.2 BIDDER TO EXTEND BID PRICES TO OTHER GOVERNMENTAL AGENCIES Bidder agrees to extend delivered price of unit to other governmental agencies and sta~e universites for 180 days or mor~ (see at;Dye). Yes x 4.3 Further we (I) certify that all information contained in this bid is best of our (my) knowledge, Co~erclal Sales Manager 81DQER’S CERTIFICATION We (I) the undersigned certify that we (I) are authorized submit a bid on b~ha{f of the Company named herein, and that said Company is capable of. ar, d authorized by each respec~ve manufacturer(s) to supply, provide, deliver and war]ant the equipment bid as described in the specifications in this Invitation to Bid. accurate and ttutl~l’ul, to the 9/05/00 Page 10 of 10 NOU--30-2~)I 14:01 HECTOR TURF ’354 36~3 E~IE,~, P. 17/!9 FLORID~ ATL&D’TIC UNIVERSITY 77"/GL~OE_N ReAl) P,O. BOX 3091 FAX (561 |~’97-308~, EXHIBIT A CER’rlFICATE OF NON-SEGREGATED FACILITIES We, HEC~fOR TURF (Company} ce~i~ to Florida Adanti¢ University that we do not and will not maintain or orovide for out employees any ’segregated facilities at any of out estabiis~ents, and tha~ we do noc and will ~ot oe~it our employees to 0erform chair iervices at an~ IocaOon, under our control, wher~ segregated f~citi~ies are maintaine~. We ~ndersrand and agree that breach of th~s certification is a v~ola~ion at Equal O~p~unity clause r~quire~ b~ Execudv~ Order 11 248, amende~. wash rooms, restaurants and other oati~g areas, time clocks, locker rooms and o~h~r storage or dressing a~eas, parking lotS, drinking fountains, re~r~adon or en~e~ainmen~ ate3$~ tt~3po~3~ion and housing facilities ~tovidod..tor employees which are segregated by explicit dire~tive or are in fa¢~ ~gtegated on ~he basis of rac~, creed, ~olor, na:ional origin, age, disa¢ili~y, vietnam or disabled veteran, ~ecaus~ o~ habit, local rust:am or o~herwise, We further agree ihat {excep~ where we have obtained identical totalfire:ions from proposed Subcontractors for specific dine periods) we will obtain identical Certifications from pro.~os~d 5,.~bcontractors prior ~o the award of suborn:tracts exceeding $10,000 which ar¢ not exemp~ from ~:he provisions of ~he Equal Oppo~un(ty tie,use; tha~ we will retain such codification in out fi~es; and tt’m~ we will ~orward the following notice to such proposed Subcontractors {exCep~ whe~ the. 13reposed Subconr~raetOr= have submi~ed identical certifications for s~ecific time periods). NOTICE TO PROSFECTIVE SUBCONTRACTORS OR REQUIREMENT FOR CERTIFICATION OF NON-SEGREGATED FACILITIES. A ee~ifieation 0~ Non-segteg~ed facilities ~s required by, ~he 9 May 1 967 o~der of Eiiminaiion of Segregated Facili~:ies, by the Secre.rar¥ ~f Labor (3’2 Fed. Re9. 7439, 19 May i967), mus; ~e submi~,te~, from the prov~¢ion~ either fat each subcontra¢~ or ~o¢ all Sub¢ontra¢~ during a I~e=’iod (i.e. (~u~3r~erly, semi-annually, or annually). NOTE:Whoever knowingly an~ willfully makes any false, fictitious or fraudulent regresent~ltiOn may De liable to ct~minat ptosec~tio~ unde~ ~8 U.S.C. ~ECTOR TURF (N ~(~.~CO MPAN Date: 9/05/00 Subpa~t {3 . Co~rzc’(o¢’~ Agceernsnl Each agency and each con~r~eto~ and subcon~racto~ shail include the following affirmative arden clause ~n each of its covered gov~=~nlen~ contracts or subcontracts (and moaif~ca~ons, renewals, cr ~xt~ns~ons thereof no~ i~clud~d in ~he origina~ contracd, accordance with ~1 CFR Ch. 60-7~1.4 and 250.4 Section 202. Except it~ contracts exemD~ed in acco~dar~ca with Section ~04 of this order, all Gov~nmen~ contracting agonies shall include in into ~he following provision=: *During the performance of thi~ co~tract, the conttac~o,’ agrees as fOllOwS’: "il) The con’cractor will not ditctiminat~ again$~ any employee or a~01icant tot employment becau~.e af ~ac~, color, tel~gi0n, s~x, ~donal origin, age, disabifity, or because he or she ~iemam or ~isaOled veteran. ~e con~ac~or will ~ake a~i~ative ac00n ~o ~nsute that applicants dudng employmenL without tepid color religion, sex, national o~gin, or s~a~ as a Viemam or disabled veteran. ~¢h action shall include, b~t not be ltmit~ to the fol(owing: employment, upgrading, demotion, or tra~er; ra¢,~=~ent or rec~en~ adv~i;~ng; layoff or ~e~n~na~on: raIes of pay or other for~= Of compensation; a~ selection for staining, including apprcntic@ship. contractor agrees to po¢~ in conspicuous ~laces, a~ailabla tO enlployees an~ aa~licams for employment, notices tO be provided by the contractin~ officer =e~in9 fo~h ptOVi=~0n= of ~hi= ~on~scti~inati~n clause. "(2l The contralto.," will, in all S0fici1::a/dons or advertisements tot er’hpl~yees pieced by 0r on behalf of the CO~tractor, stare that all qualified applicants will receive ¢~nsid~ation emplQvmen¢ without reg~r~ ~ race, ¢olo~, religion, sex, nad0nal Origin. s~atus as a Vietnam or ~3abled ve~ran. "{3] The cont,’~Ic~or will send to each labor union or representative of workers with which it has a collective bargaining agreement or other Contract of understanding, a notice, to be previded b’/ the agency contracting under section Z02 of Executive Order Numbet 11~6 of ~ep~ember 2~. 1965. a~ shag copies of the notice in conspicuOuS ~aces e~ptoymen~. "(4.) Tl~e ,:omraeto¢ will comply with all p~ovislons of Executive Order Number 1124.6 of Septemb~ ~-. 1965, and of the tu~es, of Labor. "(5) The contractor will furdish all infor,~lation and repOtS required by Executiv~ Order Number 11Z4~ of ~epternber :~4, 1965, and by ~le=, tegula6.~ns, and o~ets of the S~eta~ of Labor, or pursuant thereto, and access tO his books, t#c~tds, and ~cc~un~s by ~he COntracting agencv and d~e SecretaW of ~bor for ~he pu~ose= of inve~igation a=ce~ain compliance wkh such ~tes. regulations, and ot~ers.,’ "(6) In t.he event of a contractor’~ noncompliance wffh the nondiscrimination cla~3es of this contract or with any 01 rules, ~egulations. or orders, thi~ contract may be cancet[~, resinate, 9r suspe~ed in w~ie ot in ~r~ and the conlracto~ may be ~netlglble for fu~hst Government concr~= accordance w/~h ~he proc~ures au~hOtiZ~ Ex~ut~ve Order Nvmber ~ ~ 246, of Sentember 2~, 1965. and such other ~anction= aS m~ be imposed and rem~es invoked as pr0vid~ ~t;ve Qrd~ N,mbef 11~46 of 24, 1965, or ~y ~(e, ~egulation, or order of S~re(a~ of ~bor, or as otherwise p¢0vid~ bY "(7} The Contractor will {nclude the provisions of Par~grapl~S (I) thrnugh (7) subcontract: or ~tcbase order unless by ru~s, r=gu.la~ion$, ~r ~rdars of t~ of Labor issued pursuan¢ to S~tion 20¢ Of Executive ON~ Number 1 l ~=6 of ~¢, 1965, ~O :~t SUCh pt0visions will be bin~ing u~n .lath s~bqon~a~0t O{ repot. any subcon~a¢~ Ot purchase order as may dit~t~ ~y the S~tecaw of ~bor as a means enfom~ng such ~(ov{sion= inol~ing $an~io~ for no~o~pliance: Provided. ~owevet. that ~ven~ th~ cO,ClamOr ~ecomes involved cnteat~ne~ wi~h liUgadan w{~h a subcontractor oc vendor as a rmsult of such ~ireCtiOn, the conttac.¢ot may request the United States enter into such litigation to pto~ec~ the interests of the United Sta~es," I Revlsed 7/96) NOL!-30-;"OI,]l :1.4:1~2.HECTOR TURF -9.54 3~ 0~E,4 P.:L~./!’~ E,Yl’db i~ B HECTOR TURF TOTF~L P. ’19 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date prepared: Meeting date: Subject/Agenda Item: Vehicle Towing Services Contract - Additional 60-Day Extension Recommendation/Motion: Recommend additional extension of existing vehicle towing services contract for 60 days. Reviewed b City Attorney Finance ACM Human Res. Other Public Works Director Originating Dept.: PUBLIC WO RJ~L Advertised: Date: Paper: [X] Not Required Affected parties Appr~~~ ] NotifiedRona]-d M. Fe City Manage( [ ] Not required Costs: $ Total Current FY Funding Source: [X] Operating [ ] Other Budget Acct.# 01-1030-521.3150 Council Action: [ ] Approved [ ] Approved w~ conditions [ ] Denied [ ] Continued to: Attachments: [ ] None Background: Public Works is seeking alternatives to the Towing Services contract. We are requesting an additional contract extension for sixty (60) days. The existing contract and agreement letter for additional time extension are attached. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ronald M. Ferris, City Manager DATE: December 26, 2001 APPROVED: Hoyt Owens, Director, Public Works ,,¢~/~t~,.~’__ FROM: Michael Morrow, Assistant Director, Public Works ~4"~~¢.~C~,~//t../~ SUBJECT: Vehicle Towing Services Contract - Additional Sixty (60) Day Extension The current extension with our towing services provider, Kauff’ s Towing, will expire on January 29, 2002. We recommend an additional time extension of the existing contract for a period of sixty (60) days. The additional extension will allow for contract modifications and award of new bid. As you know, if this contract is not extended, the city will be without this essential service until a new contract is posted. Given this, please find a copy of the existing contract with a letter signed by the contractor on December 19, 2001, in agreement to this additional extension. Should you have any questions, please feel free to contact me. Attachments C~Jack Doughney, without attachments Sheryl Stewart, without attachments File CITY OF PALM BEACH GARDENS PUBLIC WORKS DEPARTMENT 3704 BURNS ROAD - PALM BEACH GARDENS, FLORDIA 33410-4698 PHONE (561) 775.8274 - FAX f561) 775-8279 December 19, 2001 Attn: Richard Kauff, President A Road One Company 1440 53rd Street Re: Vehicle Towing Services Contract ORII;INAL Dear Mr. Kauff: Your current contract extension for the above referenced services expires on January 29, 2002. The City has decided to seek alternative proposals for these services. The City of Palm Beach Gardens is hereby requesting an additional sixty (60).day extension of your current contract which is needed for the bidding process, evaluation and award of the new bid to be completed. Your contract would therefore expire on March 30, 2002. Please respond by signing below and returning one original copy to my attention, Hoyt Owens, Public Works Director, City of Palm Beach Gardens, 3704 Bums Road, Palm Beach Gardens, FI., 33410. Sincerely, Hoyt Owens Public Works Director ~I hereby agree to a sixty (60) day extension of the subject Bid. __ I am unable to provide a sixty (60) day extension of the subject Bid. Sign am re/~/ HO/ca ~/1 Date /z.-- /?-/ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 31, 2001 Meeting Date: January 10, 2002 Su bject/Agenda Item: Consideration of Resolution 5, 2002, authorizing the Mayor and City Clerk to execute an Easement in favor of BellSouth Telecommunications, Inc. for the installation of buried cable. Recommendation: Approval of Resolution 5, 2002 Reviewed by: City Attorney Submitted by: City Attorney Originating Dept: Parks and Recreation Advertised: Date: Paper: [ X] Not Required A p p ro~,~yJ_.~._~cted parties: iI ]Notified City Man’age~I [ X] Not Required I Costs: Not Applicable Funding Source: [ ] Operating [ ] Other Council Action: [ ] Approved [ ] Approved with conditions [ ] Denied [ ] Continued to: Attachments: Resolution 5,2002 Easement Explanation: In order to provide telephone service to the Parks and Recreation Equipment Storage Building, BellSouth is requiring the City to execute a five foot utility easement for the installation of buried cable. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 5, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT TO BELLSOUTH TELECOMMUNICATIONS, INC. FOR THE INSTALLATION OF BURIED CABLE;; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in order to provide telephone service to the Parks and Recreation Equipment Storage Building, BellSouth Telecommunications is requiring a five foot utility easement for the installation of buried cable; and WHEREAS, the City Council determines that the grant of such easement is in the best interests of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1 : The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens hereby authorizes the Mayor and City Clerk to execute an Easement in favor of BellSouth Telecommunications, as attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS __DAY OF ,2002. -1- ATTEST: MAYOR JOSEPH R. RUSSO CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIIN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK -2- PREPARED BY AND RETURN TO: Leonard G. Rubin, Esquire W~itterson, Hyland & Klett, P.A. 4100 RCA Boulevard, Suite 100 Palm Beach Gardens, FL 33410 EASEMENT THIS EASEMENT is made this __ day of ,2002 by and between the CITY OF PALM BEACH GARDENS, a Florida municipal corporation ("Grantor") and BELLSOUTH TELECOMMUNICATIONS, INC., a Georgia corporation ("Grantee"). WITNESSETH: That said Grantor, in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations paid, the receipt of which is hereby acknowledged, hereby grants unto Grantee, its licensees, agents, successors, assigns and associated companies, a perpetual easement for the construction, operation, addition and/or removal of communications systems, facilities or related services as Grantee may from time to time require upon, over and under a strip of land five feet (5’) in width lying, situate and being in Palm Beach County, Florida, and being more particularly described as follows: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF BY REFERENCE. Together with the right of ingress to and egress from said easement at all times; the right, but not the obligation, to clear the easement and keep it cleared of all trees, undergrowth, and other obstructions. Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real property herein described and that it has good and lawful right to grant the aforesaid easement free and clear of mortgages and other encumbrances. IN WITNESS WHEREOF, the GRANTOR has caused this Utility Easement to be executed the day and year first above written. Page 1 of 2 Grantor: CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: Joseph R. Russo, Mayor Attest: Carol Gold, City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this __ day of , 2002, by Joseph R. Russo, Mayor, and Carol Gold, City Clerk who are personally known to me or has produced as identification and who did take an oath. NOTARY PUBLIC Print Name: My Commission Expires: P:\CPWin\HISTORY~011129A\43F.CD(319.062)lgr-doc205 Page 2 of 2 ozzm 4~.-~ < f MILITARY TRAIL (A.K.A. WEST LINE NE QUARTER SECTION 12/42/42) (~) 2001 L~FH ilnc. Q,o.o 0 , SURVEYOR AND MAPPER’S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER, THIS MAP/REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2. NO SEARCH OF THE PUBUC RECORDS HAS BEEN MADE BY THIS OFFICE. JOHNA. WILSON, PROFESSIONAL SURVEYOR &: MAPPER STATEOF FLORIDA NO. 5157 b~~ CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS "Pc~e~-s #’m" Res~s, ~INC. V~ B~ ~s~" 3550 S.w. Co~orote Po~woy, Polm c~. RoHdo 34990 (561) 286-3883 Fox: (561) 286-3925 BPR & FBPE ~cense No: 959 www.tbfh.com PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR PALM BEACH GARDENS PARKS AND RECREATION DEPARTMENT 5’ SOUTHERN BELL UTILITY EASEMENT Scale: 1 "= 1 00’REVISIONS: Sheet 1 Of 2 Field Book: N/A Poge:N/A Computed: MWH Checked: JAW Dote 12-05-01 Field: N/A FILE NO.Project No. LEGALUTO lo.DWG 00--4107 DESCRIPTION A STRIP OF LAND 5.00 FEET IN WIDTH LYING WEST OF AND NORTH OF, PARALLEL WITH, ADJACENT TO AND COINCIDENT WITH THE FOLLOWING DESCRIBED LINE, WITH THE SIDELINES EXTENDING OR CONTRACTING AS NECESSARY TO FORM CONTINUOUS LINES. SAID STRIP OF LAND LIES WITHIN LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 6531, PAGE 667 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, THENCE PROCEED SOUTH 88°29’38 EAST ALONG THE SOUTH LINE OE SAID NE 1/4, A DISTANCE OF 1382.05 FEET; THENCE NORTH 01°33’33" WEST, DEPARTING SAID SOUTH LINE, A DISTANCE OF 25.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF BURNS ROAD (RIGHT-OF-WAY WIDTH VARIES), BEING ALSO THE SOUTHEAST CORNER THE AFORESAID PARCEL OF LAND DESCRIBED IN ORB 6531, PAGE 667 AND THE POINT OF BEGINNING OF SAID UNE; THENCE CONTINUE NORTH 01 °33’33" WEST ALONG THE EAST LINE OF SAID LAND DESCRIBED IN ORB 6531, PAGE 667, A DISTANCE OF 505.00 FEET; THENCE, DEPARTING SAID EAST LINE, BEAR SOUTH 8829’38" EAST ALONG THE SOUTH LINE OF SAID LAND DESCRIBED IN ORB 6531, PAGE 667, A DISTANCE OF 811.33 FEET TO THE POINT OF TERMINATION OF SAID LINE. BEARING BASE BEARING BASE: THE SOUTH UNE OF THE NE QUARTER OF SECTION 12, TOWNSHIP 42, RANGE 42 EAST IS TAKEN TO BEAR SOUTH 88"29’38" EAST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. LEGEND NE = NORTHEAST. NO. = NUMBER. ORB = OFFICIAL RECORDS BOOK. R/W = RIGHT-OF-WAY. AKA = ALSO KNOWN AS. 2001LBFH Inc. THIS IS NOT A SURVEY PROJECT NAM!E: SKETCH AND LEGAL DESCRIPTION FOR PALM BEACH GARDENS PARKS AND RECREATION DEPARTMENT 5’ SOUTHERN BELL UTILITY EASEMENT b~~ CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS "J=tz~e~’s Fo~" Resides. ~INC. V~ B~ ~s~g~’" 3550 S.W. Co.orate Po~woy, Palm City, ~orido 34990 (561) 286-3883 Fox: (561) 286-3925 BPR & ~PE ~cense No: 959 www.lbfh.com Scale: N/A REVISIONS: Sheet 2 Of 2 Field Book: N/A Page: N/A Field: N/A Computed: MWH Date FILE NO.Project No. Checked: JAW 1 2-1 1 -01 LEGALUTOlo.DWG 00--41 07 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: January 10, 2002 Date Prepared: December 20, 2001 SUBJECT/AGENDA ITEM CU-01-06/SP-01-44- Christ Fellowship "South Campus" Conditional Use and Site Plan Amendment Public Hearing and First Reading for Ordinance 2, 2002; and Discussion of Resolution 4, 2002: a request by Joe Ryan of Palm Beach Gardens Christ Fellowship Church, to allow for deletion of certain conditions placed on approval of amendments to the site’s conditional use and site plan. The South Campus site is located at 5312 Northlake Boulevard, approximately ¾ mile west of Military Trail. (23-42S-42E) RECOMMENDATION Staff recommends ’approval of Ordinance 2, 2002 on First Reading and discuss Resolution 4, 2002. Reviewed by: Principal Planner City Attorney~ Finance NA Human Res. NA Submitted by: Growth _/~ Manag~f~in~t, / D irectol~;/Kl~,/~ ~(’, Charles K. Wu, AICP Approved by: City Manager. NA Originating Dept.: Growth Management: Project Manager Ed Tombari, AICP Advertised: Date: Dec. 8, 2001 Paper: Palm Beach Post Affected parties: ..L~] Notified [ ] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Commission Action: [] Approved [] App. w/conditions [] Denied [] Rec. approval [] Rec. app. w! conds. [] Rec. Denial [] Continued to: Attachments: Ordinance 2, 2002 Resolution 4, 2002 ¯Aerial Map ¯Ordinance 34, 1999 ¯Resolution 5, 2000 ¯Resolution 13, 1991 ¯Ordinance 30, 1990 City Council Meeting Date: January 10, 2002 Date Prepared: December 20, 2001 Petition CU-01-06 SP-01-44 BACKGROUND The applicant has requested several amendments from various development orders pertaining to the Palm Beach Gardens Christ Fellowship Church, which occupies two sites on both sides of Northlake Boulevard, known as "South Campus" and "North Campus". Each campus is a distinct zoning district; therefore, separate action must be taken by the Planning and Zoning Commission for each site. Ordinance 30, 1990 approved the "South Campus" as a Conditional Use within a residential area, which provided for a church and accessory pre-school use. The site plan for this use was approved by Resolution 13, 1991, and included a site plan, landscape plan, and building elevations as official exhibits. Since the original approval, the site plan and conditional use have been amended several times~ Resolution 5, 2000 and Ordinance 34, 1999, approved.two such amendments. Resolution 5, 2000 provided for a time extension for completion of certain improvements previously approved on the "South Campus" site. As part of this approval, the City added a condition of approval that "Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any type of transportation service between the north and. south campus shall cease". The applicant is requesting that this condition be deleted. Ordinance 34, 1999 approved an increase in maximum capacity at the "South Campus" sanctuary. As part of this approval, the City added a condition of approval that "Simultaneous broadcasts of presentations, programs or sermons conducted at any remote location to this site shall be prohibited." The applicant is requesting that this condition be deleted. The Planning and Zoning Commission has already reviewed these conditions as issues related to the overall operations and restrictions placed on the Church at its November 13, 2001 Public Hearing. However, the Commission recommended formal action on the "North Campus" site only, and is expected to take formal action on the South Campus on January 8, 2002. LAND USE & ZONING The subject site is zoned Residential Low- RL-3 with an overlaying zoning of conditional use, and has a future land-use designation of Residential Low. CONCURRENCY The applicant is requesting no expansion of use; therefore, concurrency is not required. 2 City Council Meeting Date: January 10, 2002 Date Prepared: December 20, 2001 Petition CU-01-06 SP-01-44 PROJECT DETAILS Resolution 5, 2000, Condition 1" Shuttle Bus "Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any other type of transportation service between the north and south campuses shall cease." Appficant’s Request It is the applicant’s intent to eliminate this condition so that they may resume shuttle service between the north and south campuses. The applicant has cited increased safety as the main reason to resume service, by providing worshipers a safer alternative to walking across six-lane Northlake Boulevard. Staff’s Initial Analysis Staff requested that the applicant provide the City with a description of the number and size of the vehicles to be used, as well as the operating schedule and route which the shuttle service would follow. Appficant’s Response The applicant has submitted information on the shuttle vehicles and times of operation (see attached), and has indicated that the church owns two late model 25 and 30 passenger vehicles. The applicant has submitted an operational plan indicating the shuttle bus route between bus campuses. Staff Recommendation It is staff’s professional opinion that the applicant is providing for safe transport of church members between two sites that comply with all applicable zoning codes. In order to further the safe transport of Church members between campuses across Northlake Boulevard, which has limited pedestrian facilities, staff recommends the elimination of Resolution 5, 2000, Condition 1. Ordinance 34, 1999, Condition 2 "Simultaneous broadcasts of presentations, programs and conducted at any remote location to this site shall be prohibited." sermons 3 City Council Meeting Date: January t0, 2002 Date Prepared: December 20, 2001 Petition CU-01-06 SP-01-44 Applicant’s Request The applicant requested that this language be eliminated in its entirety. Staff’s Initial Analysis Staff requested that the applicant expand further upon the traffic operation procedures at the Northlake Boulevard entrances to the north and south campuses during the beginning and end of services. Staff has reviewed the original traffic operation procedures, date stamped March 11, 1997 and notes that the study does not address the operation of utilizing both sites simultaneously for services and/or activities. The traffic operational procedures must adequately address the possibility of both sites (north and south campus) exiting and entering onto Northlake Boulevard simultaneously, should the language be deleted. Appficant’s Response The applicant subm’itted previous traffic analysis and operational procedures for staff review as part of the initial PUD approval process (attached). The Police Department has reported no problems related to traffic operations at the site after one full year of operation. Staff’s Recommendation Staff found no evidence of traffic control problems at the entrances to both the North and the South Campus. Both sites have received approval from the City for religious use with certain square footage and sanctuary seating. The applicant has also provided staff with a traffic operations site plan, indicating how traffic is controlled from both campuses. It is staff’s professional opinion that activities occurring on both sites simultaneously do not pose a significant hazard. Therefore, staff recommends deletion of this condition. RECOMMENDATION Staff recommends approval of petition CU-01-06 and SP-01-44. G: ed/2001/cu0106sp0144st 4 December 20, 2001 ORDINANCE 2, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO PALM BEACH GARDENS CHRIST FELLOWSHIP CHURCH SOUTH CAMPUS (LOCATED AT 5312 NORTHLAKE BOULEVARD, APPROXIMATELY 3/4 MILES WEST OF MILITARY TRAIL AS MORE PARTICULARLY DESCRIBED HEREIN) BY AMENDING A CONDITION OF APPROVAL FOR A PREVIOUSLY APPROVED CONDITIONAL USE; AMENDING ORDINANCE 341999; PROVIDING FOR A CONDITION OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City of Palm Beach Gardens previously approved Ordinance 30, 1990, providing for a conditional use for a religious sanctuary and pre-school accessory use at the "Christ Fellowship Church South Campus Site," which is located at 5312 Northlake Boulevard, approximately ¾ miles west of Military Trail (as more particularly described herein), as subsequently amended by Ordinance 34, 1999; and WHEREAS, the City of Palm Beach Gardens received an application (CU-01-06) from Palm Beach Gardens Christ Fellowship Church, Inc., for approval of amendments to conditions of approval of the "Christ Fellowship South Campus Site"; and WHEREAS, the "Christ Fellowship South Campus, site is currently zoned Residential Low-RL-3 with a Conditional Use (CU) with a Comprehensive Land Use Designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and has determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves an amendment to the conditions of approval placed on the "Christ Fellowship South Campus Site" site and subsequent amendments thereto. The subject site is located at 5312 Northlake Boulevard, approximately 1½ miles west of Military Trail, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Ordinance 2, 2002 Meeting Date: January 10, 2001 Date Prepared: December 21, 2001 Petition CU-01-06 SECTION 2. The City Council amends Ordinance 34, 1999 by deleting condition of approval number 3: SECTION 3. Said Conditional Use is amended subject to the following new condition, which shall be the responsibility of the applicant, its successors or assigns: (1)All other conditions of approval for the Christ Fellowship Church South Campus Conditional Use approval and subsequent amendments shall remain in effect to the extent not modified herein. SECTION 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 5. :All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 2002. PLACED ON SECOND READING THIS DAY OF 2002. PASSED AND ADOPTED THIS DAY OF 2002. (This space intentionally left blank) 2 Ordinance 2, 2002 Meeting Date: January 10, 2001 Date Prepared: December 21, 2001 Petition CU-01-06 MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g/ed/2001 :cuO 106.ord2 AYE NAY ABSENT 3 Ordinance 2, 2002 Meeting Date: January 10, 2001 Date Prepared: December 21, 2001 Petition CU-01-06 EXHIBIT "A" 4 ,~/w, = ~/(~F/T OF V,/,~)~ LEGAL DESCRIPTION: PARCEL 1 : A parcel of land lying and being in the Northeast Quarter of Section 23, To~ship 42 South~ Range 42 East. Palm Be~ch County. Florida, more particolar~- described as follows: From the Northeast sec~on corner of said Soction 23, Township 42 South, Range 42 East: thence South 0°03’4C" West along the East line of said Section 23. a distane¢ of 107.45 f~¢t to a point lying on the Sontbem right Of way linc of Lake Park West Road as now laid ont and in use: thence West along said "sonthea~right0fway line a distance of l606.00 fcet to the Point of Beginnmg and tI~ Northeast corner of the beremaiter described pareeJ; tbence contmne West along said Sontberb’ fight of way linc a distance of 306.48 feet to a point; thence South a distance of 550.00"feel to a point: then~ East a distance of 156.48 feet to a point of curve conem’c to the Northwest: thence Not, lherly and Eustcrly along the arc of said curve, having a radius of SO0 feet and a central angl~ of 15049"36’’, a distance of 151.93 feet to a point; thence North a disntnce of 534.65 feel to the Point of Bcginmng. Less the South 50 feet thereof for canal right of way as conveyed by Right of Way Deed recorded in Official Rocord Book 1861, page 241, and less the North 30 fe~ thereof as conveyed by Right of Way D~d recorded in Official Record Book 4171, Page 1253. PARCEL 2 Lot in -not included" part of unrecor(k~l plat of Horseshne Acres more particularly described us follows: Commencing at the Northv~st corner oftbe Ea= half of Section 23 in Township 42 South. Range.42 East. Palm Beach Count5". Florida: thence Sonth along the West line of said East half of S¢oJon 23 of an assumed beating Son~ 0°Ol ’53" W~-t a distance of 107.45 feet to a point in the South righ! of w~’ line of Lake Park West Road; tlvsnce at beating due East along said right of way line a distance of 587~96 feet to the Northwest corner of the p=rcel described herein and the Point of Beginmng; thence centinne at bearing due Ea6t a dJstanee of 150 feet Io a point: thence at bearing dne Sonth a dis~ance of 500 feet to a point in the No~ili right of way line of Canal No. l; thence at beating due West along the said right of way line a distance of t 50 feet to a point: thence at bearing due North a distance of 500 feet to the Point of Boginmng. Less the North 30 feet thereof as conveyed to Riglit of Way Deed recorded in Official Record Book 417 L Together ~th: ’ A parcel of land ~4ng anti being in the Northeast quarter of Section 23. Tow~.ship 42 South. Range 42 East. Palm Beach County, Florida, more paxticularly dascribed as follows: From tbe Northeast section corner of said Soctioa 23, Township 42 South. l~ 42 East: thence Sonth 0o09’46" West. along the East line of ~ So=tion 23, a distance of 107.45 feet to a point lyiog on the sonthcm right ~of way of Lake Park ~4est Road as now laid out ~ in us~; thence W~st along said sou~bem right of way line a disagree of 1607.00 fe~ to the Point of Beginniog and tim northeast coracr of the bet~inait~ ’d~scn~l parcel: thence continue Wcat alo_n~.said south,, right of way line a distance of 306.48 fee~ to a point: thenee South a distan~ of 550.00 fo~t to a point: thence East a dismace of 156.48 feet to a point of curve concave to the noslhv~st: thence no~J~rly and ¢~s~¢rly along the arc of sa~d curve. ha~Jng a radius of 550 fe~ anti a cealral angle of 15049"36" a distam~ of 151.93 feet to.a point; thence Nordi a distaa~e of 529.15 fcel to a Point of I~ng, less th~ follovang d¢~ribed pardi: from the Noslhcast s¢cuon corner of said Section 23, Townehip 42 South, Range 42 East. ll~nee South 0°09’46" We~, along the East [me of said Soctinn 23, a dislanee of 107.45 fcet to a point lying on the sonth~rn right of way line of Lake Park We~t Road, as now laid out and in use; thance West along said sonti~rn right of way ~ a dislm]ce of 1607.00 f~t to II~ Point of I~gininng and the northeasl con~r of the he~inalter described paxcel: thence continne West along said sonthgn’n right of way" line a distanee of 306.48 f¢~ to a point: thence South a distan~ of 500.00 feet to a.point: thance East a distane¢ of 156.48 f¢~ to a point of curve concave to the Nordiwcst; the, rice nortberly and ¢~astcrly along the arc of said~¢neve. having a radius of 500.00 fi~-’~ and a central angle of 17027"27" , a distance of 152.35 f¢~ to a point: th~nee Northern a dislance of 476.97 f~t to the Point of Bogioning. Together with: A parcel of land lying and being in th~ nollbeast quari~t of Section 23. Towuslfip 42 South, Range 42 Eas’L Palm Beach County~ Florida, more particularly d~-ribed us follows: Comraeneing at the ~orthwea corne~ of the Easl half of said Soction 23~ tben~ South along the West line of said East half of S~-’fion 23 on an ashamed bearing of South 0~01"53" West a distanee of 107.45 feel to a poim in the So~th right of way line of Lake Park Was| Rind; thonce bearing East along said righl of way li~¢ a distance of 737.96 feel to a point 1913.48 f~t westerly of fl~ East line of said Section 23 (us meusu~d along said right of way line): lt~¢ace Sonfl~ adistanc¢ofS00:0Ofnettoth¢ North lineofth¢ right of way for ~ No. I as r¢t:o~kd in Official Roco~d Book 1855. Page 1378. public records of Palm ~ Count~, Flork:l~ a~d the Point Of l~zi~’nnin~ of th~ hereinafter described parcel: thence continue South 50.00 feet to the centefline of Cacti No. 1: then~ West, along said ~-~terline. a dis~anee of 150.00 feet to a poim; thence North 50.00 feet to said North right ofway of Canal No. 1~ thence East along said right of way a distance of 150.00 fentlo the Point of Beginning December 20, 2001 RESOLUTION 4, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM PALM BEACH GARDENS CHRIST FELLOWSHIP BY AMENDING A CONDITION OF APPROVAL FOR A PREVIOUSLY APPROVED SITE PLAN FOR THE CHRIST FELLOWSHIP SOUTH CAMPUS, LOCATED AT 5312 NORTHLAKE BOULEVARD, APPROXIMATELY 3/4 MILE WEST OF MILITARY TRAIL AS MORE PARTICULARLY DESCRIBED HEREIN, AMENDING RESOLUTION 5, 2000; PROVIDING FOR A CONDITION OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (SP-01-44) from Palm Beach Gardens Christ Fellowship for an amendment to a condition of approval for a previously-approved site plan located at 5312 Northlake Boulevard, approximately 1 ½ mile west of Military Trail as more particularly described herein; and WHEREAS, the "Christ Fellowship South Campus" site is currently zoned Residential Low-RL-3 with a Conditional Use (CU) with a Comprehensive Land Use Designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and has determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations and has recommended approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1, The City Council of the City of Palm Beach Gardens, Florida hereby approves amendments to conditions of approval placed on the ’,Christ Fellowship South Campus Site" site and subsequent amendments thereto. The subject site is located at 5312 Northlake Boulevard, approximately 1½ miles west of Military Trail, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 2. The City Council amends Resolution 5, 2000 by deleting condition of approval number 1" Resolution 4, 2002 Meeting Date: January 10, 2001 Date Prepared: December 21, 2001 Petition SP-01-44 SECTION 3. Said Site Plan is amended subject to the following new condition, which shall be the responsibility of the applicant, its successors or assigns: (1)All other conditions of approval for the Christ Fellowship Church South Campus Site Plan Approval and subsequent amendments shall remain in effect to the extent not modified herein. SECTION 4. If any section, paragraph, sentence, clause, phrase, or word of this Resolution is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 5. All resolutions or parts of resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this Resolution are hereby repealed. SECTION 6. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2002. MAYOR JOSEPH ’R. RUSSO VICE MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO Resolution 4, 2002 Meeting Date: January 10, 2001 Date Prepared: December 21, 2001 Petition SP-01-44 ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CEARK COUNCILMAN SABATELLO AYE NAY ABSENT G/ed/2001/sp0144.res2 Resolution 4, 2002 Meeting Date: January 10, 2001 Date Prepared: December 21, 2001 Petition SP-01-44 EXHIBIT "A" 4 LEGAL DESCRIPTION: PARCEL I : A parcel of Land lying and being in the Nmtheast Quarter of Section 23, Townsb/p 42 Sonth. Range 42 East. Palm Beach County.’. Florida. more particularly, described as follows: From the Northeast section corner of said Section 23, Township 42 South, Range 42 East: thence South 0°03’46" West along the East line of said Section 23. a distance of 107.45 feet to a point lying on the Southern right of way line of Lake Park West Road as now laid out and in use; thence West along said ¯ Southern fight of way line a distance of 1606.00 feet to the Point of Begimung and the Northeast corner of the beremafter described parcel; thence continue West along said Sontherly right of way line a distance oi" 306.48 feet to a point; thence South a distance of 550.00feet to a point: thenee East a distance of 156.48 feet to a point of curve concave to the Northwest; thence Northerly and Easterly along the arc of said curve, having a radius of 500 feet axial a ¢¢mtral angle of 15049"36’’, a distance of 151.93 feet to a point; thence North a distance of 534.65 feet to the Point ofl~=gJnnin£. Less the South 50 feet thereof for canal right of way as conveyed by Right of Way Deed recorded in ~ Record Book 1861, page 241, and less the North 30 feet thereof as conveyed by Right of Way Deed recorded in O~cial Record Book 4171, Page 1253. PARCEL 2 Lot in "no~ included" part of umrecorded plat of Horseshne Acres more particelarly desc, dhed as follows: Commencing at the Northwest comer of the East half of Section 23 in Township 42 South, Range 42 East. Palm Beach Cotmty. Florida: thence South along the West line of said East half of Section 23 of an assumed bem~g Sonth 0~01 "53" West a distance of 107.45 feet to a point in the Soath right of way line of Lake Park West Road; thenee at bearing due East along said right of way line a distance of 587.96 feet to the Northwest corner of the imrcel described herein and the Point of Boginmng; thence continue at bearing due East a distance Of 150 feet to a poim: thenee at bearing dne South a distanee of 500 feet to a point in the North right of way line of Canal No. 1; thence at bearing due West along the said right Of way line a distance of 150 feet to a potnt; thence at bearing due North a distance of 500 feet to the Point of Luss the North 30 feet thereof as conveyed to Pdght of Way Deed recorded in Offu~nl Record Book 417 I. Page 1253. Together ~th: ’ A parcel of land lying and being m the Nortimast quarter of Section 23. To~tship 42 South, Range 42 East. Palm Beach County. I~orida, mor~ pmXionlarly descnhed as follows: From the Northeast seetion corner of said Sectien 23, Township 42 South. Range 42 East; thence S4:mth 0o09"46" We~. along the East ~ of said Section 23, a distance of 1,07.45 feet to a poim b4ng on the southern right of way of Lake Park We*t Road as now laid out and in use; thence Wesl along said sonthem right of way line a distance of 1607.00 fe~ to the Point of Beginning and the northeast comer of the he, minafler descn’oed parcel: theace cominne West al .o~.said sonthe~’ right of way line a distance of 306.48 feet to a point: thence South a distance of 550.00 fe~ to a point: thonce East a distance of 156.48 feet to a poim of ctu~,e concave to the northwest: thence onrth~ly and.easterly along the arc of said crave, having a radius of 550 feet and a central angte of 15°49"36" a ~,~A,~oe_ of 151.93 feet to a point; thence North a distance of 529.15 fcet to a Point of Beginmng less the following desorihed parcel: from the Ntn’theast s~:aion corner of said Section 23. Township 42 Santh, Range 42 East, thence So~th 0°09’46" West, along the East line of said Section 23, a distance of 107.45 f~ to a point lying on the sonthern right of way line of Lake Park West Road, as no-a, laid om and in use; thence West along said sonthern right of way line a distance of/607.00 feet to the Point of Begininng and the northeast comer of the ~ dascribed parcel: them~ continne West along said souflmrn right of way line a distance of 306.48 feet to a point: thenee South a distance of 500.00 fcet to a.point: thence East a distance of 156.48 feet to a poim of curve concave to the Nordawest; theaee northerly and.easterly along the arc of said crave. having a radius of 500.00 feet and a cemral angle of 17°27"27" , a disaume of 152.35 feet to a point: th~nee Northera a dislance of 476.97 feet to the Point of Beginning. Together with: A parcel of land lying and being in the northeast quart~ of Section 23. Township 42 South, Range 42 East. Palm Beach County, Florida. more particularly described as follows: Coramencmg at the northwest comer Of the East liaff of said Section 23: thence South along the West line of said East half of Sectiot~ 23 on an assamed bearing of South 0°01 "53" West a distance of 107.45 feet to a point in the South right of way line of Lake Park West Road: thenee heating East along said right of way lint: a distance of 737.96 fee~ to a point 1913.48 feet weetoriy of the ~ line of said Sontion 23 (asmeasured along said right of way line)t_th,~,,,’~soeth a distance of 500.00 f¢¢t to the North lineofthe right ofway for’Carrel No. 1 as r¢conied in Olficial Re¢tml BCO~ 1855, Page 137g, public records Of Palm Beach Cmmty, Florida and the Point of B,~’a~ine of the her~onRer d~serdx:d paine1: thence continue South 50.00 feet to the centerline of Camfl No. 1; then~ West, along said canterline, a distance of 150.00 feet to a poim; them~ North 50.00 feet to said North right of way of Canal No. I: thenee East along said right of way a distanee of 150.00 leerto the Point of Boginnmg N. ~/w d,q/,/AL- ,v’o. ~’ CHRIST FELLOWSHIP CHURCH SOUTH CAMPUS SURROUNDING ZONING AND USES JUne 24, 1999 3uue 30, 1999 July 2, 1999 August 27, 1999 "r-~..;-’ORDINANCE 34,1999-- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM REACH GARDENS,FLORIDA,AMENDING ORDINANCE 30,1990 WHICH APPROVED A CONDITIONAL USE, TO ALLOW AN INCREASE IN THE MAXIMUM OCCUPAI~CY AT THE SITE KNOWIN AS "CHRIST ’FELLOWSHIP" WHICH IS GENERALLY LOCATED ON THE SOUTH SIDE OF NORTHI_,AKE BOULEVARD WEST OF MILITARY TRAIL, AND TO A1V[END THE APPROVED USE OF THE RESIDENCE BUILDING TO A YOUTH CENTER; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEILEA$. the City has received an application from Christ Fellowship Inc. to eanend !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 Feltowship’s site plan was approved by Resotution 13, 1991, and WHEREAS, Christ Fellowship’s temporary modular units were approved by Resolution 4, 1997, and \VHEP,_EAS, tile City’s Growth Management Department has determined that approval of said application is consistent with the City’s Coml)~ehensivc Plan and Land Development Regulations, and WHEREAS, the City’s Planning and Zoning Commission has ree.ommended ~pproval. o~’ this request, with conditions, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, approves an amendment to Ordinance 30, 1990 to amend the conditional use to allow a temporary increas~ in the maximum oeoupattcy 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 I, 2000, whichever occurs first. _ SECTION 2. The City Council of the City of Palm Beach .Gardens, FLorida, approves an -" ~eadment to Ordinance 3~)~:T990 to~ii~-nd thecbndifional use to allow a perman~tit incre~e in the maximum occupancy to 576 seat~. This expansion shall become effective immediately after the issuance of the Certificate of Occupancy for the sanctuary for Christ Fellowslfip’s new campus on the north side of Northlake Boulevard (a~ referenced in Ordinance 20, 1997 as amended) or 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. hnlnediatcly upon the issuance of din 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 r~arking reo~fi remen* nn this site shall be calculated at a rate of 1 soace Der 3 seats in the sanctuary. At that time, one hundred and ninety-two of the seats in the sanctuary shall be permanently removed, leaving a permanent occupancy of no more than 576 seats,..and ara affidavit shall, be submitted to the City by the petitioner affirming that file seating has been reduced to 576 br less. (Development Compliance Officer) 3. ~en dete~ined to be ne~ss~ by the Ci~ of Palm B~ch Gardens Police Dep~menL ~e petitioner or suc~ssor shall utili~ poli~ or ~ly t~in~ officials in numbers dete~ined by the Police Depamnent at all ingress and egress poin~ along No~hl~e Boulevard for the m~agement of traffic flow and direction before and afler events.(Code Enforcement, Police Depa~ment) SECTION 5. Said approval shall be consistent with plans and documents on file with the City’s Growth Management Department as follows: June 7, t999 Existing South Campus Site Plan, Glen Pate & Associates, Sheet SP 1.0 August 5, 1999 Future Phase 2 Site Plan, Glen Pate & Associates, Sheet SP 1.0 SECTION 6. This Ordinance shall be effective upon adoption. ’O ,~ Ul 1:.$1 : I.INIDA \.. KOSII’2P,. ,CMC, CiTY CLEKK VOTE: APPRO\11--_I) AS TO LEGAL FORA4 AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELL.O COUNCILMAN JABL[N COUNCILMAN CLARK g/short: sp9703.or.doc /jn&jl RESOLUTION 5, 2000 A RF~OLUTION OF THE CITY COUNCIL OF T~E CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING RESOLUTION 86, 1999 TO ALLOW FOR AN EXTENSION OF A DATE CERTAIN CONDITION OF APPROVAL RELATING TO THE COMPLETION OF IMPROVElV~NTS ON THE SITE KNOWN AS "CIIRIST FELLOWSHIP", VCHICH IS GENERALLY LOCATED ON THE SOUTH.SIDE OF NORTHLAKE BOULEVARD WEST OF MIIJITARY TI~IL; AND PROVIDING FOR AN EFFECTIVE DATE. WI-IEI~_~KS, the City has received an application from Christ Fellowship Inc. to amend Resolution 86, 1999 to allow for an extension of the date certah of condition # 3 relating to site improvements from January 2, 2000 to April 1, 2000 and to allow 30 days after April I, 2000 to complete all such improvements; and WHEREAS, Christ Fellowship’s conditional use was approved by OMina~c~ 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 ~S, Christ Fellovcship’s amendment to its site plan was approved by Resolution 86, 1999, and WHER.EAS, the City’s Growth Management Department has determined that approval of said application is consistent with the City’s Comprehensive Plan and Land Development Regulations, and NOW, THEREFORE, BE IT RF~OLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDt~S, FLORIDA: SEC’~ON 1. The City Counfffl of the City of Pzlm Beach C_vardens, Flodda, hexeby approvc~ Christ Fellowship Ino.’s request for an extension of time and amextd~ condition of approval #3 as set forth in Section 3 of Resolmion 86, 1999 to read as follow:. Within 30 days of the issuance of the C, etfificate of Oceupaney for the ~anetuary on Christ Fellowship’s new campus on the north side of Northlake Boulevard (as refexeneed in Ordinance 20, 1997 as amended) or on-by ~ May 1, 2000, whichever shall fir~ occur, the petitioner shall: Ao Close the access point between this site and the Chut~ of the Nazarene to the west. 7 Complete all non-lanclse, apo site improvements and changes. Remove the moduIax uni~ from the property. Pave all parking aisles per City code. (Development Compliance Officer) SECTION 2. Said approval shall be subject to the following condition which shall be the responsibility of the applicant, it~ successors and/or assigns: Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any other type of transportation service between the north and south campuses shall cease. SECTION 3. Said approval shall be consistent with documents on file with the City’s Growth Management Department as follows: 1.Development Application stamped November 10, 1999. SECTION 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED, AND ADOPTED TI-IIS 20 ’~ DAY,,OF3ANUARY 2000. usso ATT~T: ~~__,,~_. K.O SI~R ,C~ CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN. SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK 8 January 30, 1991 RESOLUTION 13, 1991 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE SITE PLAN FOR THE IMPROVEMENTS OF THE PALM BEACH GARDENS CHRIST FELLOWSHIP CHURCH, AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT RESOLVED ’BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section i. The City Council hereby approves the Site Plan, Landscaping Plan and Elevation Plans of the Palm Beach Gardens Christ Fellowship Church, hereinafter described and attached hereto as Composite Exhibit "A": Site and Landscaping Plan prepared by Glenn Pate and Associates, revised on December 19, 1990, consisting of Sheet SPI.0. North and East Elevations prepared by Glenn Pate and Associates, dated November 13, 1990, consisting of sheet A2.0. Undated West and South Elevations prepared by Glenn Pate and Associates, received by Staff on November 14, 1990, consisting of Sheet A3.0. Section 2. The following conditions shall be part.of the development plan: The church and caretaker’s residence shall tie into potable water service prior to the issuance of the first Certificate of Occupancy; and, within 180 days after sewer lines become available to the subject property, the church and caretaker’s residence shall tie into them. The petitioner shall obtain a grading and drainage permit from Northern Palm Beach County Water Control District. A Grading Plan will be required if the slope or top of bank is regraded o~if the exotics are removed. If the City finds that maintenance of the grass parking area is in disrepair or poor appearance, the City shall notify the property owner that within 30 days of said notice the deficiencies shall be rectified. Should the deficiencies not be corrected within said 30 days, the City may require the parking area to be totally paved to City standards within 150 days upon notification. Subsequent phases and expansions shall comply with all applicable regulations, including the removal of all exotics on site. Prior to issuance of the first Certificate of Occupan- ~ site lighting shall be’revlewed and approved byPolice Department. 7 o 9 ° A dumpster (3’ tall, 3’ deep, 6-7’ wide) shall placed, at the end of the westernmost drive aisle, at the edge of pavement, and shall have a concrete slab of no less than I0’ wide and 8’ deep. A 6’ fence or wall (to match the church exterior) shall be erected on three sides of the dumpster with two 5’(minimum) gates. The exterior of the church shall be painted Pearl Grey (MAB 309 16P) and the exterior trim, colunlns, entrance features and tower shall be painted white (MAB 409 160) tightlng along the westerly property line shall be permitted at a maximum of 20’, shielded from the adjacent properties. The City reserves the right to require the Petitioner to remove lighting along .the westerly property line within 30 days upon written notification. Section 3. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND A.DOPTED THIS THE ~;z~’/DAY OF FEBRUARY, 1991. MICHAEL MARTINO, MAYOR ATTEST : L/~N~r~.-KOSIER CITY CLERK December 3, 1990 December 20, 1990 ORDINANCE 30, 1990 AN ORDINANCE OF TH~ CITY OF PALM BEACH GARDENS, FLORIDA, REZONING LANDS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO UNDER THE CURRENT PALH BEACH COUNTY ZONING DESIGNATION OF AGRICULTURAL RESIDENTIAL, WITH A SPECIAL EXCEPTION ALLOWING EXPANSION OF EXISTING CO~4ERCIAL HORSE STABLES TO THE CITY’S ZONING CLASSIFICATION RS-I SINGLE-FAMILY RESIDENTIAL DISTRICT TOGETHER WITH A CONDITIONAL USE OF A CHURCH AND AN ACCESSORY USE THEREWITH OF A PRESCHOOL; FURTHER, THE SITE AND ELEVATION PLAN PREPARED BY GLENN PATE AND ASSOCIATES, CONSISTING OF THREE (3) SHEETS AND ATTACHED HERETO AS COMPOSITE EXHIBIT "B" IS HEREBY CONCEPTUALLY APPROVED; AND, PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CON-FLICTHEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section i. The zoning classification of those particular lands described in Exhibit "A" attached hereto, under the current Palm Beach County Zoning designation of Agricultural Residential with a special exception allowing expansion of existing commercial horse stables are hereby rezoned to the City’s zoning classification RS-I, Single-Family Residential District, together with a conditional use of a church and an accessory use therewith of a preschool. Section 2. The Site Plan and Elevation Plan pertaining thereto prepared by Glenn Pate and Associates, consisting of three (3) sheets and attached hereto as Composite Exhibit "B" are hereby conceptually approved. Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repeale~. Section 4. This Ordinance sha~ be effective upon date of passage, j k~LACED ON FIRST READING THIS ~ DAY OF DECEMBER, 1990. MAYOR MARTINO 90UN~5~LWQM~NMONROE ~ ~EaN: LONG,~Y CLER~A~PROVE~ AS TO FORM AN~ LEGAL SUFFICIENCY CITY ATTORNEY CITY OF PALM BEACH GARDENS MEMORANDUM TO:The Mayor and City Council DATE: December 18, 2001 APPROVED: Ron Fen-is, City Manager FROM:Charles K. Wu, Growth Management Director SUBJECT:Petition CU-01-06/SP-01-44 Christ Fellowship So~th Campus. Due to an error in the applicant’s notice to property owners wittd.’n 500 feet of the subject site, the previously scheduled public heating for December 18, 2001 has been rescheduled to the January 8, 2002 regular meeting of the~ Planning and Zoning Commission. The error was a reference to the subject site being located at the north campus, and not the south campus. The apphcant shall be reqmred to re-notice all property owners witliin 500 feet of the subject site with the corree~t information. Also, the City staff shall re-advertise the case for the new hearing date. Barfing no obstacles, this application is still scheduled for fi~:st reading by the City Council at its January 10, 2002 regular meeting. If you have further questions, please contact my office at 799-424~ 3. C:Joe Ryan Alan Ciklin Joan Altwater Keith Paulus Ed Tombari, AICP Carol Gold Len Rubin Planning and Zoning Commission CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department: Staff Report Meeting Date: January 10, 2002 Date Prepared: December 21, 2001 SUBJECT/AGENDA ITEM Petition PUD-01-03 Christ Fellowship PUD Amendment. ~, Continuation of First Reading and Public Hearing, Ordinance .44, 2001: Joe Ryan of Christ Fellowship Church is requesting a PUD amendment to allo~v for the elimination of and amendments to certain conditions of approval regarding o,’perational procedures and activities on site. Christ Fellowship Church Planned Unit IDevelopment (a.k.a. North Campus) is located on the north side of Northlake Boulevard, approx=mately one and one- half mile west of Military Trail (14-42S-42E). RECOMMENDATION Staff recommends approval of Ordinance 44, 2001 with con Reviewed by: Principal Plan ~n~ City Attorney ~ Finance NA Human Res. NA Submitted by: Growth ~ Manag t D i r e ct o/~J~_~J. ~’, .~. Charles’T-<. Wu, AICP Originating Dept.: Growth Management: Project ~ Manager ~ ~ Edward ~ari, AICP Advertised: Not Required Approved b/y~.~ ~’£...~ ~ City Mana~.~. ~.,f~--’~’~ .Xz~_~Affected parties: [ ] Notified ditions of approval. FINANCE: NA Costs: $ i Total Currentl F¥ Funding Sourcd~: [ ] Operating [x] Other N/A Budget Acct.#: N/A P & Z Commission Action: [ ] Approved [ ] App. w~ conditions [ ] Denied [ ] Rec. approval [X] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Ord. 44, 2001 ¯5/23/01 Applicant Response Letter ¯2/9/01 Applicant Ltr. ¯2/22/01 City Aty. Ltr. ¯Ordinances and Resolutions proposed for amendment ¯Aerial Photos ¯Site/Landscape Plan ¯Traffic Operation Procedures Plans ¯Proposed Floor Plans City Council Meeting Date: January 8, 2002 Date Prepared: December 21, 2001 Petition PUD-01-03 BACKGROUND The Christ Fellowship PUD was originally approved by Ordinance 20, 1997 and provided for an 85,200 square foot religious facility, including a sanctuary and two activities buildings. Subsequent amendments to this approval have included four administrative amendments and an amending ordinance (Ord. 23, 1999) approved by the City Council. These amendments allowed for minor architectural and site plan changes to the site. Although the code requirement at the time of original approval was for a Conditional Use, the original development order for the North Campus was approved as a Planned Unit Development Overlay Zoning with underlying zoning of Residential RL-3. The vacant land prior to the re-zoning was designated Planned Development Area (PDA). At the time, code required that all lands with a PDA designation re-zone to either PUD or PCD. Subsequently, the use was zoned PUD, with underlying zoning of Residential RL-3. The PUD re-zoning was considered a sufficiently legal equivalent to a Conditional Use. The applicant was granted no waivers as part of the original PUD approval process. The project, as developed, met all code requirements at the time. In addition to the conditions for the North Campus approval, the South Campus approval and subsequent amendments have included several cond~itions which have led to restrictions on the North Campus site. The South Campus was originally approved as a conditional use for a 300 seat sanctuary and day-care facility by Ordinance 30, 1990, and was subsequently amended by Resolution 31, 1991, Resolution 4, 1997, Ordinance 34, 1999, Resolution 86, 1999, and Resolution 5, 2000. Subsequent amendments have allowed for an expansion of the use, including additional modular units, parking, landscaping, and drainage facilities, as well as additional seating within the sanctuary. The South Campus is not part of this PUD amendment application. Staff has contacted ~Debbie Andrea, Citizen Services Specialist for the City, who reported that there have been no complaints from the general public regarding the operations or activities associated with the church. Planning and Zoning staff has also contacted Kelvin Wise of the Code Enforcement Division, and has confirmed that the church currently has no outstanding fines or liens on the property. A communication from Ms. Joan Atwater dated June 7, 2001, outlining several complaints about the Church have since been addressed. The conditions placed on the original development approval and subsequent amendments were generated by neighborhood concern that the use was too intense for the residential character of the neighborhood. The limits placed on the operations of the church were expressly intended to preserve the residential character of the surrounding community. The applicant accepted all conditions at the time of the original approval and subsequent 2 City Council Meeting Date: January 8, 2002 Date Prepared: December 21, 2001 Petition PUD-01-03 amendments. The proposed elimination of some or all of the conditions of approval, which were intended to limit the intensity of use, initially raised concerns with staff. Staff is now proposing new conditions of approval that mitigate the potential consequences of deleting and amending existing conditions. LAND USE & ZONING The subject site is zoned Residential Low - 3 (RL-3) with a Planned Unit Development (PUD) overlay and has a future land-use designation of Residential Low (RL). At the time of the original approval of the PUD, the zoning code permitted churches as conditional uses (or PUDs in lieu of) in all residential zoning districts. The zoning code has since been revised to restrict churches with sanctuary seating in excess of 1,000 seats to industrial and commercial zoning districts only. CONCURRENCY The traffic concurrency analysis for the site (daily trip generation rates) was based on total square footage approved on site: 85,200 square feet proposed for a 2,500-seat sanctuary as part of the traffic impact analysis. During the initial approval of the north campus site, the applicant agreed to reduce the total number of fixed seats to 1,750 seats. PROJECT DETAILS Site Access The site has two access points onto Northlake Boulevard, with the main entrance located at a median cut. The easterly entrance is a right-in, right-out only, with no median cut at this location. There is no other access to the site, including none from Hunt Club Drive. The original development order required that the applicant obtain assistance from the City Police Department for traffic control when services were commencing and ending. The condition further stipulated that traffic movement on Northlake Boulevard could not be held for more than 90 seconds when traffic was leaving and entering the site. Amendments to the Conditions of Approval The applicant has proposed several amendments to or deletions of conditions of approval affecting operational procedures and activities on the North Campus included within both Resolutions and Ordinances. The following is a summary of the applicant’s proposals in lieu of the existing conditions of approval and staff’s analysis of the proposals: City Council Meeting Date: January 8, 2002 Date Prepared: December 21, 2001 Petition PUD-01-03 Resolution 5, 2000, Condition 1: Shuttle Bus "Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any other type of transportation service between the north and south campuses shall cease." Applicant’s Request It is the applicant’s intent to eliminate this condition so that they may resume shuttle service between the north and south campuses. The applicant has cited increased safety as the main reason to resume service, by providing worshipers a safer alternative to walking across six-lane Northlake Boulevard. Staff’s Initial Analysis Staff requested that the applicant provide the City with a description of the number and size of the vehicles to be used, as well as the operating schedule and route which the shuttle service would follow. Appficant’s Response The applicant has submitted information on the shuttle vehicles and times of operation (see attached), and has indicated that the church owns two late model 25 and 30 passenger vehicles. The applicant has submitted an operational plan indicating the shuttle bus route between bus campuses. Staff Recommendation It is staff’s professional opinion that the applicant is providing for safe transport of church members between two sites that comply with all applicable zoning codes. In order to further the safe transport of Church members between campuses across Northlake Boulevard, which has limited pedestrian facilities, staff recommends the elimination of Resolution 5, 2000, Condition 1. Resolution 5, 2000 amended the site plan for the "Christ Fellowship South Campus". This is a separate zoning district and must therefore be amended by separate action by the City Council. Staff recommends amending Resolution 5, 2000 with a separate resolution to delete this condition. Ordinance 20, 1997, Condition 7: Special Events Limited to Six Per Year. "The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including 4 City Council Meeting Date: January 8, 2002 Date Prepared: December 21, 2001 Petition PUD-01-03 services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall,not be leased, rented or in any way be made available for use as an auditorium, theater or similar gathering place for non-member events of any kind. Regularly scheduled services shall be defined as services occurring on Saturday evening, Sunday morning, and a mid-week evening." Applicant’s Request The applicant requested that this condition be eliminated. Staff’s Initial Analysis Staff conferred with the City’s Traffic Engineering Consultant, who has confirmed that the traffic impact permitted is based on the total square footage of religious use proposed, as defined by the Institute Traffic Engineering (ITE) Manual. Any activities occurring on this site that are not consistent with the ITE’s definition of religious use is a violation of the applicant’s traffic concurrency, and is therefore inconsistent with the approval. Staff recommended that the applicant submit a detailed schedule of events, which occur on a regular basis, as well as special events such as concerts, etc. Applicant’s Response The applicant submitted a written narrative that outlines the regularly scheduled services (see attached "Exhibit A"). Staff’s Recommendation Given that the applicant has approval for 82,500 square feet of religious square footage, the emphasis of any restriction should be placed on non-religious events. Non-member, non-religious events should be prohibited as a violation of the site’s zoning. Staff recommends the following condition be revised accordingly: The church sanctuary and related facilities shall not be leased, rented or in any way made available to third parties or entities for use as an auditorium, theater or similar .qatherinq place. Such facilities shall only be used by the Church and its members for purposes directly related and!appurtenant to the Church’s function, such as re.qular and holiday prayer services, weddin.qs and funerals, and for events sponsored by the Church in furtherance of its ministry, such as special prayer services, reli.qious .qatherings and speakers and youth pro.qrams. City Council Meeting Date: January 8, 2002 Date Prepared: December 21, 2001 Petition PUD-01-03 Ordinance 20, 1997, Condition 9 "The owner or successor shall not utilize a loudspeaker, sound amplifier, radio, phonograph, of similar sound amplifying device to emit any form of sound outside the church sanctuary and related facilities." Applicant’s Request The applicant requested that this condition be eliminated. Staff’s Initial Analysis Staff recommended to the applicant that it provide detailed information on the location and type of outdoor events that would utilize sound amplification devices. Staff also notified the applicant of the City’s sound level requirements, which are enforced by the Code Enforcement Division. Applicant’s Response The applicant submltted information indicating that the church would like to utilize sound systems for wedding ceremonies, which would occur within the courtyard area between the sanctuary building a’nd buildings A and B. Staff’s Recommendation Staff recommends the following condition of approval to address concerns regarding outdoor amplification: All audible noises on site shall not exceed applicable noise and decibel level requirements set forth in the Code of Ordinances. Violation of this condition is subject to Code Enforcement Procedures. Ordinance 20, 1997, Condition 12 "The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750 seats." Applicant’s Request The applicant requested that this language be eliminated in its entirety. The applicant has indicated that the restriction on number of seats within the sanctuary has not limited the capacity of the sanctuary. Many attendees are purported to stand during services. The applicant wishes to be able to allow the existing attendees to sit by utilizing open areas within the sanctuary for additional seating. 6 City Council Meeting Date: January 8, 2002 Date Prepared: December 21, 2001 Petition PUD-01-03 Staff’s Initial Analysis Staff requested that the applicant provide for a floor plan indicating the location of the additional seating within the sanctuary. Staff has confirmed with the City’s Traffic Consultant that the traffic concurrency granted for the Church was based on square footage, not number of seats. Therefore, the addition of seats without an expansion of the square footage of the facility would not violate the applicant’s concurrency certification. However, the applicant must also meet on-site parking requirements for the number of seats. Based on current code requirements (Section 78-345 of the City’s Land Development Regulations), the applicant must provide one space per three seats plus one space per 250 squaPe feet of office space plus required parking for additional uses. Staff considers buildings A and B to be "Cultural, Recreational and Entertainment, General" as defined by the LDR Section 78-345, which requires one space per 200 square feet. Buildings A and B equal a total of 29,511 square feet, which requires a total of 148 spaces. The applicant has provided 904 spaces on site, which leaves 756 spaces for sanctuary seating and administrative offices. Assuming no administrative offices on site, the applicant may be allowed 2,268 seats maximum. Any parking for on-site administrative offices must be deducted from this maximum allowed at a ratio of 1 space per 200 square feet. Applicant’s Response The applicant provided staff with a floor plan indicating the location of additional seats. The applicant has indicated the desire to add 667 moveable seats within the sanctuary for a total of 2,417 seats. This number would not be permitted by code as it would require more parking than exists on-site. Both the Fire Department and Building Division have indicated no concerns at this time regarding the addition of seats, and have indicated that any additional seating must meet all fire, building and safety codes. The applicant has revised the site plan parking data table to indicate the square footages of various uses within the three buildings on the north campus. The applicant has indicated that they meet parking requirements on site with the proposed number of 2,417 seats seats within the sanctuary. The applicant has submitted a detailed seating plan indicating the location of additional moveable and/or fixed seats. Both the Building Division and the Fire Department have reviewed the seating plan and have indicated that the applicant has provided adequate aisle widths and meets ADA compliance requirements. Staff Recommendation It is staff’s professional opinion that, based on the revised documents, parking provided on site can support the currently approved square footage of uses. Also, staff can support the 7 City Council Meeting Date: January 8, 2002 Date Prepared: December 21, 2001 Petition PUD-01-03 addition of seating within the sanctuary, based on the proposed seating plan that has been submitted and reviewed by City staff. Staff recommends the elimination of the condition requiring a maximum of 1,750 fixed and/or moveable seats, and allowance fora number of fixed and/or moveable seats within the requirements of the concurrency approval and the Land Development Regulations. Ordinance 23, 1999, Condition 2 "Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary." Applicant’s Request The applicant requested that this language be eliminated in its entirety. Staff’s Initial Analysis Staff requested additional information as to what type of activities take place within these buildings and the applicant responded that these buildings are used for "religious classes and activities". Staff utilized the definition of "Cultural, Recreational and Entertainment, General" for parking requirements, as defined in Section 78-345 of the LDRs. However, supplemental seating may be permitted within these buildings if the applicant can demonstrate that the overall seating (moveable and fixed) on-site is in compliance with Section 78-345 of the LDRs. Applicant’s Response The applicant indicated that no additional seating is utilized within these buildings for sermon overflow, and that these buildings are utilized for religious classes and activities only. The applicant has submitted a detailed site data table more clearly indicating the uses within Buildings A and B. Staff’s Recommendation The applicant has indicated that Buildings A and B are not used for overflow seating. Given the additional seating that may be permitted within the sanctuary building as part of this petition approval, staff does not recommend deletion of this condition. Ordinance 23, 1999, Condition 3 and Ordinance 34, 1999, Condition 2 "Simultaneous broadcasts of presentations, programs and sermons conducted in ,the Sanctuary to any remote location, on-site or off-site, shall be prohibited." 8 City Council Meeting Date: January 8, 2002 Date Prepared: December 21, 2001 Petition PUD-01-03 Applicant’s Request The applicant requested that this language be eliminated in its entirety. Staff’s Initial Analysis Staff requested that :the applicant expand further upon the traffic operation procedures at the Northlake Boulevard entrances to the north and south campuses during the beginning and end of services. Staff has reviewed the original traffic operation procedures, date stamped March 11, 1997 and notes that the study does not address the operation of utilizing both sites simultaneously for services and/or activities. The traffic operational procedures must adequately address the possibility of both sites (north and south campus) exiting and entering onto Northlake Boulevard simultaneously, should the language be deleted. Applicant’s Response The applicant submitted previous traffic analysis and operational procedures for staff review as part of the initial PUD approval process (attached). The Police Department has reported no problems related to traffic operations at the site after one full year of operation, and shall present a memorandum stating such prior to scheduling for City Council review. Staff’s Recommendation Staff found no evidence of traffic control problems at the entrances to both the North and the South Campus. Both sites have received approval from the City for religious use with certain square footage and sanctuary seating. The applicant has also provided staff with a traffic operations site plan, indicating how traffic is controlled from both campuses. It is staff’s professional opinion that activities occurring on both sites simultaneously do not pose a significant hazard. The condition, as approved, may not have a rational nexus to the safety, health and welfare of the City, and is not imposed on any other religious institutions within the City. Therefore, staff recommends deletion of this condition. Ordinance 34, 1999amended the conditional use of the "Christ Fellowship South Campus". This is a separate zoning district and can only be amended by a separate ordinance. Staff recommends amending Ordinance 34, 1999 by separate ordinance to delete the condition. SUMMARY OF ISSUES FOR PLANNING AND COMMISSION CONSIDERATION Operational procedures for shuttle bus service. RESOLVED. The applicant has submitted sufficient information to ensure that this provides a safe alternative to pedestrians crossing Northlake Boulevard. ¯Religious versus non-religious uses as defined by the concurrency approval. 9 City Council Meeting Date: January 8, 2002 Date Prepared: December 21,2001 Petition PUD-01-03 RESOLVED. The applicant is permitted to carry out events on site affiliated only with their religious use. The requirements of Section 78-345: Number of parking spaces required as it pertains to the uses provided on site. RESOLVED. The applicant has submitted a master site plan with a revised parking data table indicating uses within the Sanctuary Building and Buildings A and B. Traffic Operational Procedures, including timing, number of days per week, responsibility of traffic direction, etc. RESOLVED. The applicant has submitted sufficient data to document safe Traffic Operation Procedures. RECOMMENDATION Staff recommends the following amendments to the conditions of approval for PUD-01-03 Christ Fellowship North Campus PUD amendment: (1)The church sanctuary and related facilities "~-’,4 .........,4; ........,4° s"3" ~’ .....,4 ~ shall not be leased, rented or in any way made available to third pa~ies or entities for use as an auditorium, theater or similar gathering place= for ~o~ m~mb~r .....~ ~f ~, ~;~ D .... u~,u .....h~"n~ .... ; .... h~nn ~ ~f;~ sew~ccs ....... ; ....:e~+"’a~""" ~a ~;d .....u .....;"~ Such...... ~ ~CrR:R~,3 ........~. facilities shall only be used by the Church and its members for purposes directly related and appu~enant to the Church’s function, such as reqular and holiday prayer sewices, weddin#s and funerals, and for events sponsored by the Church in fu~herance of its ministw, such as special prayer sewices, reli£ious #atherin£s and speakers and youth pro#rams. (2)The number of fixed and/or moveable seats within the sanctuary shall atme4ime ~ not exceed 2,417 seats at any given time, in accordance with the required parking provided on site. Staff recommends the following additional conditions of approval: (3)All audible noises on site shall not exceed applicable noise and decibel level requirements set forth in the Code of Ordinances. Violation to this condition is (4) subiect to Code Enforcement procedures. All other conditions of approval for the Christ Fellowship Church North Campus PUD approval and subsequent amendments shall remain in effect. 10 City Council Meeting Date: January 8, 2002 Date Prepared: December 21, 2001 Petition PUD-01-03 Staff recommends that the following conditions of approval previously approved as part of the Christ Fellowship North Campus PUD be deleted: G/ed/2001/pud0103cc2 11 November 20, 2001 November 28, 2001 ORDINANCE 44, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO PALM BEACH GARDENS CHRIST FELLOWSHIP CHURCH NORTH CAMPUS BY AMENDING CONDITIONS OF APPROVAL FOR THE SITE, LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD, APPROXIMATELY 1 1/= MILE WEST OF MILITARY TRAIL AS MORE PARTICULARLY DESCRIBED HEREIN, AMENDING ORDINANCE 20, 1997, AND ORDINANCE 23,1999;~ PROVIDING FOR CONDITIONS OF APPROVAL;PROVIDING FOR WAIVERS;PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens previously approved Ordinance 20, 1997, providing for construction of an 85,200 square foot religious sanctuary and ancillary uses, as subsequently amended by Ordinance 23, 1999, Ordinance 34, 1999; and WHEREAS~ the City of Palm Beach Gardens received an application (PUD-01-03) from Palm Beach Gardens Christ Fellowship Church, Inc., for approval of amendments to conditions of approval of the "Christ Fellowship North Campus Site", which is located on the north side of Northlake Boulevard, approximately 1 ½ miles west of Military Trail; and WHEREAS., the 20-acre "Christ Fellowship North Campus" site is currently zoned Planned Unit Development (PUD) with a Comprehensive Land Use Designation Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and has determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations and has recommended approval; and WHEREAS~ on November 13, 2001, the City’s Planning and Zoning Commission reviewed said application and recommended that it be approved subject to certain conditions stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves amendments to conditions of approval placed on the "Christ Fellowship North Ordinance 44, 2001 Meeting Date: January 10, 2002 Date Prepared: December 21, 2001 Petition PUD-01-03 Campus Site" site and subsequent amendments thereto. The subject site is located on the north side of Northlake Boulevard, approximately 1½ miles west of Military Trail, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 2. Said Planned Unit Development is amended subject to the following new conditions, which Shall be the responsibility of the applicant, its successors or assigns: (1) (2) All audible noises on site shall not exceed applicable noise and decibel level requirements set forth in the Code of Ordinances. Violation of this condition is subject to Code Enforcement Procedures. All other conditions of approval for the Christ Fellowship Church North Campus PUD approval and subsequent amendments shall remain in effect to the extent not modified herein. SECTION 3. The City Council amends Ordinance 23, 1999 by deleting condition of approval number 3: SECTION 4. The City Council amends Ordinance 20, 1997 by deleting condition of approval number 9 and modifying conditions 7 and 12 to read as follows (deleted language is stricken through, new language is underlined): o The church sanctuary and related facilities,.,,,._,’~’~-~ .-,-,,--,-,,.-,,,,u ......... ~’~’~;÷;’~"~ ..... ÷ ...... ~ ....... shall not be leased, rented or in any wag imade available to third parties or entities for use as an auditorium, theater or similar gathering place for non ~’~’~’~’ ........ D~,,I-’~rI,~ ~,t-h~hd~l o~r~H,--~o oh,’JII k~ ~l~f;,,~,~l facilities shall only be used by the Church and its members for purposes directly related and appurtenant to the Church’s function, such as regular and holiday prayer services, weddin.qs and funerals, and for events sponsored by the Church in furtherance of it~ ministry, such as special prayer services, religious gatherin.qs and speakers and youth pro.qrams. 2 Ordinance 44, 2001 Meeting Date: January 10, 2002 Date Prepared: December 21, 2001 Petition PUD-01-03 12.The number of fixed and/or moveable seats within the sanctuary shall 3t t!me e×cccd 1,750. not exceed 2,417 seats at any given time, in accordance with the required parking provided on site. SECTION 5. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management Department (dates represent the date plans are received and stamped in): September 21,2001 Master Site Plan, Glenn Pate and Associates, Sheet ASP- 1.1 May 23, 2001 Sanctuary Seating Plan, Glenn Pa+te and Associates, 2 Sheets July 9, 2001 Shuttle Bus Flow Diagrams, Glenn Pate and Associates, Sheet SD-1 SECTION 6. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 7. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 8. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF 200 2001. ~ 200__. (This space intentionally left blank) 3 Ordinance 44, 2001 Meeting Date: January 10, 2002 Date Prepared: December 21, 2001 Petition PUD-01-03 MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g/ed/2001 :pud0103ord2 AYE NAY ABSENT 4 Ordinance 44, 2001 Meeting Date: January 10, 2002 Date Prepared: December 21, 2001 Petition PUD-01-03 EXHIBIT "A" DEDICATION: STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) SS CITY OF PALM BEACH GARDENS ) KNOW ALL MEN BY THESE PRESENTS, THAT PALM BEACH GARDENS CHRIST FELLOWSHIP. INC., A FLORIDA NON-PROFIT CORPORATION, OWNER OF THE LAND SHOWN HEREON AS "PALM BEACH GARDENS CHRIST FELLOWSHIP CHURCH’, S,A~ID LAND BEING THE EAST 653.87 FEET OF THE WEST 693.87 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14. TOWNSHIP 42 SOUTH. RANGE 42 EAST, PALM BEACH COUNTY= FLORIDA" BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY. FLORIDA~ .THENCE SOUTH 88°30’27 - EAST ALONG THE SOUTH LINE OF SAID SECTION 1~1. A DISTANCE OF 40 FEET TO THE POINT OF BEGINNING; THENCE NORTH 1°57’07" EAST ON A LINE PARALLEL TO AND 40 FEET EAST OF THE WEST LINE OF THE .SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 1332.88 FEET TO THE NORTH LINE OF ~HE SOUTHWEST QUARTER OF THE SOUTHEAST OUARTER OF SAID SECTION 14 SAID LINE ALSO BEING THE SOUTH LINE OF THE GARDENS HUNT CLUB AS RECORDED IN PLAT BOOK 59, PAGES 162 THROUGH 165= INCLUSIVE, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88°25"09" EAST ALONG SAID LINE, A DISTANCE OF 653.88 FEET TO A LINE 693.87 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE SOUTH t°57’07" WEST ALONG SAID LINE. A DISTANCE OF 1331.87 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 88¢30"27" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 6.53.89 FEET TO THE POINT OF BEGINNING. LYING ,IN THE SOUTHE/ CITY OF F MORTGAGEECONSEN~: STATE OF FLORIDA COUNTY OF PALM BEACH S MICHAEL PARSONS AND W J F WILLIAM GROOT CHARITABLE I 1996 HEREBY CERTIFIES THA1 UPON THE BOUNDARY PLAT FELLOWSHIP CHURCH, AND DE THE DEDICATION’OF THE LAND OWNER THEREOF AND AGRI RECORDED IN OFFICIAL RECOF PUBLIC RECORDS OF PALM SUBORDINATED TO THE DEDIC,t IN WITNESS WHEREOF MICHAE CO-TRUSTEES OF THE WILL UNITRUST DATED APRIL 17,199 SIGNED BY MICHAEL PARSOI’ DAY Oi WITNESS: I WITNESS: CONTAINING 20.00 ACRES MORE OR LESS. HAS CAUSED THE SAME TO BE SURVEYED AND PLAllED, AS SHOWN HEREON. AND DOES HEREBY MAKE THE FOLLOWING DEDICATIONS: 1. THE LIMITED ACCESS EASEMENT. AS SHOWN HEREON, IS H~REBY DEDICATED TO THE CITY OF PALM’BEACH GARDENS FOR THE CON’~ROL AND JURISDICTION OVER ACCESS RIGHTS. 2. TRACT A AND TRACT C AS SHOWN HEREON, IS HEREBY DEDICATED TO THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS FOR THE PERPETUAL USE OF THE PUBLIC FOR R~HT OF WAY PURPOSES 3.EASEMENTS FOR WATER ,AND SEWER PURPOSES AS SHOWN HEREON AND DESIGNATED AS W.S.E ARE HEREBY DEDICATED TO SEACOAST UTILITY AUTHORITY,ITS SUCCESSORS AND/OR ASSIC~S: FOR INSTALLATION, OPERATION ’AND MAINTENANCE OF WATER AND SEWER FACILITIES. IN WITNESS .WHEREOF, PALM BEACH GARDENS CHRIST FELLOWSHIP. INC.: A FLORIDA NON;PROFIT C~ORPORATION, HAS CAUSED THESE PRESENI’S TO BE SIGNED BY THOMAS D. MULLINS,. ITS PRESIDENT, AND ATIESTED BY DUDLEY A BARBER, JR.. ITS SECRETARY, AND ITS CORPORATE SEAL TO. BE AFF, IXED HERETO BY AND WITH THE AUTHORITY OF ITS CHURCH BOARD~ THIS DAY 1998. ACKNOWLEDGMENT: STATE OF FLORIDA ) S.’ COUNI’Y OF PALM BEACH ) BEFORE ME PERSONALLY APP PFAFFENBERGER, CO-TRUSTEE REMAINDER UNITRUST DATED . KNOWN TO ME AND V~HO EXE AND SEVERALLY ACKNOWLED( EXECUTED SUCH INSTRUMENT THAT SAID INSTRUMENT IS TH TRUSTEES, WITNESS MY HAND AND O .1998. BY: PALM BEACH GARDENS CHRIST FELLOWSHIP, INC. AFLORIDA NON-PROFIT CORPORATION BY: THOMAS D MULLINS, PRESIDENT ATTEST: DUDLEY A. BARBER, JR., .SECRETARY ACKNOWLEDGMENT: TITLE CERTIFICATION: STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I. EDWARD T. BIERCE. SENIOR V COMPANY. DO HEREBY CERTIPI¯THE HEREON DESCRIBED PROF PROPERTY IS VESTED TO PALM INC., THAT THE CURRENT TAX MORE MORTGAGES OF RECOR ENCUMBRANCES OF RECORD May 23, 2001 Mr. Edward A. Tombari, Senior Planner City of Palm Beach Gardens ! 0500 N. Military Trail Palm Beach Gardens, FL 33410 RE: PUD-01-03: Christ Fellowship Church North and South Campus Amendments ¯ Dear Sir: The following are responses to the requests for additional information from our meeting on May 10, 2001. Christ Fellowship seeks to have these conditions removed in order to better serve those in our community who worship at our facilities. While researching answers to the questions posed by The Growth Management Office I .have discovered that the church at no time in the past has asked for any variances or special treatment beyond the city codes. We have been in our new sanctuary for over ! year and demonstrated that we are more than a good neighbor. Resolution 5, 2000 Condition 1: Shuttle buses - we own two late model, a "97 Ford 25 passenger and a ’95 Chevrolet 30 passenger. These are used during regular se..rvice hours and for occasional events. Ordinance 20, 1997 Condition 6: Northern dry retention area - not applicable per our discussion of May I 0, 200 !. Condition 7: Restriction on events - Following is a current schedule of events and services 1) Se .ryice schedule: a. Sunday9:15 and 11:15 am .......... ..............................’b.__. Wedne __a _7_;90 Lm_ e. Saturday 6:00 pm 2) Monday nights;. a. South campus - Religious classes/activities -approximately 100 people b. North campus - Religious classes/activities - approximately 200 people 3) Tuesday nights: a. South campus - Religious classes/activities - approximately 200 people 5343NORTHL^KE BOULEVARD O PAW BEACH GARDENS. FL 33418 0: PHONE: 561-799-76OO O FAX:561-i May 23, 2001 Page -2- b. North campus - Religious classes/activities - approximately 300 people 4)Thursday nights: South campus - Religious classes/activities-- approximately 300 people 5)Friday nights: South campus - Religious classes/activities - approximately 300 people 6) -Any events, which are or may be scheduled, are or will be consistent with our minislry’s religious purpose Condition 9: Restriction on sound amplifying devices - Outdoor events are small weddings in the courtyard area. The amplification requested is for the pastor and wedding party to have microphones to be heard. Condition 12: Restriction on movable seats - Requested floor plan is attached. To answer this question we contacted our architect, engineer, and legal advisors to confirm that the lay out meets code requirements for additional movable seating in our principal sanctuary. Once again, the church is not calling for any variances or special exceptions relative to life safety, building codes, or traffic concurrency standards. Ordinance 23, 1999 Condition 2: We are not seeking any additional seating for these religious classes and activities buildings. Condition 3: Restriction on simultaneous broadcasting (see next section) Ordinance 34, 1999 Condition 2: Restriction on simultaneous broadcasting - Any simultaneous broadcasting of set-vices .is to facilities, which are independently compliant with all city building codes and traffic concurrency standards. All service times have a minimum of 3 Palm Beach Gardens Police Officers. directing traffic and maintaining traffic flow.-.Am), adjustmen~ to traffic flow are made based on recommendations by the Police Officers. In addition, a detailed traffic study completed and submitted during the initial approval indicated that north and south campuses operating simultaneously met all.requirements for traftic~ In fact, after 1 full year of operation police officers that regularly direct traffic confirm the fact ............................... ~th~f :~fffi~ ig hbt-~ lhe~Teti~a-l~ t~: pra-etteal’~issue: ............................................................................................. I trust, this information is helpful. Thank you for your assistance in this process. (~J~x~cRuY~t~]Administrato BOOSE CASEY ClKLIN LUBITZ MARTENS MCBANE ~x O’CoNNELL A P,~’I4~.R.~HIP IIdC~UO~NO P~OI~r_~SlOt4AL VIA HAND DELIVERY Ronald M- Ferris, City Manager City of Palm Beach Gardens 10500 No. Military Trail Palm Beach Gardens, Florida 33410 February 9, 2001 Re: Christ Fellowship Church/Religious Land Use Issues Dear Ron:- Congratul3tions on your being named City Manager. As perhaps you have learned during your interim period, I represent Christ Fellowship Church and have been doing so from the tim__e of the approval of their new North Campus facility. The Church’s approval and subsequent applications dealing with both their original South Campus and their North Campus have been highly scrutinized by both the Church’s neighbors and the City, and were politically charged and highly controversial. In the end, the new North Campus was approved ahd has developed to exceed all promises and expectations, and the South Campus is now in full compliance with the City’s requirements. The Church and its members are troubled with some of the conditions which were placed on the approvals and the purpose of this letter is to request that they be reviewed with the City Attorney to ascertain their legality. Most of these conditiom were adopted without the City’s knowledge of Con~m’ess’s enactment of the Religious Land Use and l___n-~itutionaliTed Persons_Act_of. 2000 and I think that if the City had the ne~-fi-f-fi-~-oof the Act’s r6quire~’~-’~-ffts at the time of adoption, these conditions would not .have been attached to the Church’s approval. L believe that these conditions excessively burden the Ch_ur_ela~_’s._a_bility to -..-:-.------~-?out its=--religious- .fuaotion;: ~Atso~-~-~rverol-of~ thes-~.,conditions-~have~beeavplac~d-on..-Ctuist Fellowship-b-fit on no o~er---’e-~tgions institutions in the City or, for that matter, no other approvals of any kind. At least one condition decreases traffic safety for Church members. The issues of concern and our rationale are as follows: 1.No shuttle service. In early 2000, a petition was filed relating to the South Campus of Cbaist Fellowship. The petitionwas to extend ihe date for compliance with certain conditions by approximately. 120 days. The conditions related to certain site improvements. During the public hearinl~, a Ronald M. Fen’is February 9, 7..001 Page Two discussion about the Church’s use of shuttle vans from one campus to the other ensued. A police department representative gave a report discussing shuttle service in a positive vein. The result was a condition attached to the time extension of"no shuttle service.’" The use of shuttle service is a well recognized means of reducing traffic. For example, instead of eight people getting in their car and going from point A to point B, one shuttle van can be used, thereby eliminating seven vehicular trips. It is of particular benefit to older and inexperienced drivers. None of the other religious institutions in Palm Beach Gardens have a similar restriction, nor do any other uses of any kind. This condition makes the roadways less safe for Church members and the general public. 2.The Church is prohibited from adding seats for religious holidays and special events. The petition for the North Campus according to the City staff report met or exceeded all City Code requirements. Parking provided was double the City’s requirements (one space/two seats vs. one space/four seats required by the City Code). County Traffic Performance Standards were all met; yet. there was a reduction in the. number of seats from 2500 to 1750. However, the real problem is. that this number cannot be exceeded by using "movable" seats so that the Church can only accommodate overflow attendance at Easter, Christmas, and speciM, events by requiring Church members to stand, The limitation on seats has no relation to occupancy and the Church’s legal capacity far exceeds the number of seats permitted. The prohibition against movable scats interferes with the Church’s ability to conduct worship services for its member~ and conversely interferes with the Church members" ability to worship. The Church has already added additional services and they do not adequately accommodate membership needs. To the best of my knowledge, no other religious institution in the City is prohibited from using temporary seating and most, if not all, do not have restrictions on the number of permanent seats. The legal standard for the number of seats should be based on the ntunber of parking spaces, meeting Traffic Performance Standards and occupancy requirements. simultaneous broadcasts allowed. The Church is prohibited from simultaneously broadcasting from the South Campus which compounds the problem; even though both the South and North Church Campuses meet or exceed parking requirements and individually and cumulatively meet Traftie Performance ....... ---St~ii~ reqfd/~.~u--6h-fg. ~" ~s~=3,ou: - may=k~w-7; C--’iW ~Polir~~utyTor -alt-~i~d k~ing .......... traffic. This re, fiction lessens the ability of the Church to perform its function. To my knowledge, no other religious in.’Ctitution in the City has such a prohibition. 4.Limitation on Special Events. Although the Church has adhered to the condition attached to the North Campus approval limiting them to regularly scheduled services, including sexvices on Christmas Day andEaster Day and six additional events per year, this condition dearly "im..noscs a substantial burden on the religious exercise of a person including a religious assembly or institution" as is prohibited .Ronald M. Ferris Feb~. 9, 2001 Page Three by the Religious Freedom Act. As far as 1 know, no other religious institution has such a limitation on the use of their place of worship. As is the case with the other conditions referenced, it is unrelated to any provision in the City’s Code. The LI.S. Senate and House of Representatives adopted the "Religious Land Use and Institutionalized Persons Act of 2000" to prevent the imposition of these types of burdens on religious institutions. When reviewing the Act, please keep in mind that all of these conditions are individualized for Christ Fellowship. Also, the conditions do not relate to City Code requirements and tmreasonably limit Christ Fellowship’s ability to hold religious assemblies to accommodate its members. We would ask that you review the foregoing and that if you agree, that the City immediately initiate appropriate modifications or elimination of the offending conditions. I also want to assure you in dosing that I believe Christ Fellowship is a very positive addition to the City. Their goal is to enhance the quality of life of their members and all the residents of Palm Beach Gardens. Thank you for your consideration of the foregoing. Of course, my client and l are more than willing to-meet with you to discuss these issues. AJC/nc Pastor Tom Mullens Joe Ryath Exec, Administrator Leonard Rubin, City Attorney (Via Hand Delivery) LEONARD G. RUBIN CIT~. CO4JNT~ ,~J40 LOCAL. WATTERSON, HYLAND RECEIVED CITY ~ER’e OFFICE FEB 2 3 200! February 22, 2001 via Facsimile and U.S. Mail Alan J. Ciklin, Esquire Boose, Casey, Ciklin, et al. Northbridge Tower 1. li9 ~ floor 515 North Flagler Drive West Palm Beach, FL 33401 Re: City of Palm Beach Gardens/Christ Fellowship Church Dear Alan: I am in receipt of your letter dated February 9, 2001, to City Manager Ron Ferris. In your letter, you indicate that-the Christ Fellowship Church and its members are =troubled" with some of the conditions that were placed on the vadous development approvals applicable to the Church, and you request that this office review such conditions to ascertain their legality. You further indicate that the conditions outlined in your letter were adopted without the C" .~y’s knowledge of Congress’s enactment of the Religious Land Useand Institutionalized Persons Act of 2000 (’Act"), which creates a new cause of action : relating to land use regulations that impose a’substantial burden" on the religious exercise of a person or a religious institution. While I will gladly review the development orders applicable to the Christ Fellowship Church, including all conditions attached to such.approvals, it is mY understanding that ....9_a.c.h of the .,._d.~v_e:~ment orde_[.~pprovals relatin_g, to the Church was adopted by the City pdor to September 22, 2000, the effective date of the Act. Thus, there was no way the cVt-y could have been aware of any requirements or standards relating to the Act at the time of adoption. In light of the foregoing, please advise as to why you believe the Act has retroactive application. As you are aware, legislation creating new causes of action or substantive rights are generally applied prospectively, and not retroactively, unless the legislation specifically provides for retroactive application. /ks a practical.matter, I do not believe that the Act would require the City to review all of its land use approvals alter the fact to DO NOT REMOVE FILE COPY PLANNING& ZONING D| Alan J. Ciklin, Esquire February 22, 2001 Page 2 determine compliance. The appeal .period applicable to the City’s quasi judicial land use determinations has long since expired. If the City were to unilaterally modify or eliminate conditions of approval, it.would undoubtedly open itself to challenges from affected parties and other landowners within the City. By copy of this letter to Steve Cramer, Interim Growth Management Director, I am requesting that he provide me with all of the development orders relating to Christ Fellowship Church. I will not take any action, however, based on the provisions of the Act, until such time as it is demonstrated that this legislation applies to the approvals at issue. Of course, Christ Fellowship Church is free to seek modification to any of its conditions of approval through the ordinary procedures set forth in the City’s Land Development ¯ Regulations. I look forward to hearing from you. Sincerely yours, Leonard G. Rubin City Attorney Ron Ferris, City’,Manager Steve Cramer, Interim Growth Management Director Terence J. Watterson,. Esquire Mayor and City Council LGt~scw P .~PWk~HISTOR~010131 A\CI3A.04(320.013)Scw-doc4 May 1, 2001 Mr. Edward A. Tombari, AICP Project Planner City of Palm .Beach Gardens 10500 N Military Trail Palm Beach Gardens, Florida 33418 BY HAND RE: Petition POD-01-03: Christ Fellowship Church Development Order Modification Dear Mr. Tombari: Per your letter of April 23, 2001 attached please find copies of the ordinances in connection with the above-mentioned project. The copies are provided in accordance with your request to strike out the sections and language we are seeking to modify. We are open to changing the language, which is agreeable to the city and meets our needs to conduct our ministry with the guarantees provided by the recent federal statute governing these matters (RLUIPA). This statute and related information is referred to in our Mr. Ciklan’s letter to Mr. Ferris, City Manager, and dated February 9, 2001. Please let me know the next steps to keep this project moving forward. We appreciate your assistance in bring this matter to rapid close, o If you have any questions please do not hesitate to call me. CC Karen Craver .5343NORrHI..4,KEBOOLEV^RD ~PALM BEACH GARDENS, FL 33418 ~OLL~ION S, 2000 A RESOLIJTIOlq OF THI~. CITY COIRqCIL OF TEi]g ~ OF PALM BEA~ ~OL~ION 86, 1999 TO ~W FOR ~ ~SlO~ OF A DA~ ~RT~ CO~ON OF ~PROV~ ~LAT~O T~ COOL.ION OF "’" " ~~ OF NOR~~ BO~EV~ T~; A~ PRO~G FOR ~ EF~~ DATE. WHEREAS, the City has received an application from Christ Fellowship Inc. to amend Re.so{ution g6, 1999 to allow for an extemsion of the date oetta_ in of condition # 3 relating to site improvements from ]an ~tmry 2, 2000 to April 1, 2000 and to allow 30 days after April 1, 2000 to complete all such impxoveme.nts; "OVHEREAS, Christ Fellov~ship’s conditional use was approved by Ordinance 30, 1990, and \VH~R_EAS, Christ Fellowship’s site plan wa~ approved by Resolution 13, 1991, and M/I-IEILEAS, Christ Fellowship’s temporary modular unit~ were approved by Resolution 1997, and XU~H~REAS, Christ Fellowxhip’s amendment to its site plan x,.-as approved by Resolution 86, 1999, and XVHEP.EAS, the City’s Growth Marm..Eement Department has dete~in~ ~t ~pm~ of ~d ~#i~fion ~ ~ent ~ ~e Ci~’s ~mprch~vc P~ ~d ~d Dev~lopm~t R~afiom, ~d blOW, THEREFORE, BE IT REZOLVED BY THE C[I-Y COUNCIL OF THE CITY OF-PALM BEACH GARDENS, FLORIDA: - SECTION 1- The City Courted of the City of PMm Beach C_mrdens, Florida, hereby approv~ Ciuist Fellowship Inc.’s request for an extension of timo and amettds condition of approval #3 ~s set forth in Section 3 of F.esolution 86, 1999 to read as follow: X~Citlain 30 days of the ~o " - n. _ .... Fcllovtghip" s new campus on the tlorth did* of Northlako Boul~’v~! (as rcferencedin Ordinanc~ 20, 1997.as am .eodeA) or o~b_~ ~,,.~x~y ~L May I, 2000, ~hichever shall firgt oocur, the petitioner shall’. h. Cto~, the acc¢~ point between this ~ite and the Church of the Nazarerte to the v~st_ C. Remove the modular units from the Pave ell paddng aJ~le~ per City.codc. (Devclopment Compliance OfficcO SECT[OH 2. Said approval shall be subjcct to the following condition which shall bc the responsibility of the applicant, its ~rs and/or assigns: I.Development Application stamped November 10, 1999. SECTION 4. This Resolutioa shall be effective upon adoption. PASSED, AND ADOPTF~ THIS 20"* DA¥,,OF.JANUARY 2000. ATI-’EST-.APPROVED AS TO LEGAL FORM AND SLIFFICtENC¥. CITY ATI’ORlq~Y VOTE:AYE NAY AB SENT MAYOR RLIS80 VICE MAYOR. FU[LTADO COUNCILMAN-~;AB~TELLO COUNCILIx/IAlq JABLUq ORDINANCE 20, 1997 511197 9~5~97 10116197 11/6/97 11/20/97 AN ORDIHANCE OF THE CITY COIJNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FQ~.R APPROVAI3".-’~OF---’-a’HE~.-PETIT[ON- OF P/~I~M BEACH GARDENS CHRIST FELLOWSHIP CHIJRCH FOR REZONING OF TWENTY (20) ACRES OF LAND LOCATED ON THE NORTHEAST CORNER OF NORT~LAKE BOULEVARD AND GIBSON ROAD TO A PLANNED UNIT DEVELOPMENT, iN ORDER TO CONSTRUCT A CHURCH SANCTUARY AND RELATED FAC!LITIES; PROV!D[NG FOR CONDITIOrqS OF aePROV~; AND, PROVIDING FOR AN EFFECTIVE DATE. 2 WHEREAS. the City of Palm Beach Gardens received a petition from Palm Beach Gardens C~risl Fellowship Church for rezonino_, of 20 eczes of land located on the corner of ,No..qhlmke Boulevard and Gibson Road to a Planned Unit Development; WI-iEP-vEAg~ the Planning and Zoning Department has reviewed said petition ~et~nined :~.a; it is sufficient; an6 WHEREAS, the petition is consistent with the City’s Comprehensive Land Use Plan_ .NOW. THEREFORE, BE IT ORDAINED BY THE CITY COLINCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION !. The City Council of the City of Palm Beach Gardens.. Florid~ hereby approves the petition of Palm Beach Gardens Chrisl Fellowshio Church for rezoning of 20 acres of land loc.~.ed On d:e northeast comer of Noohla’.--:e Boulevard and Gibson Road to aPla:m,rd ,UnitDevetopment-~ in-.order to .construct a--ehureh--s~--m.etua,’,y-:andrc!ated-faciliti-e,~. ............................................. SECTION 2. Said Planned Unit Development is approved subject to the following ¯ ¯conditions: 1.Prior to the issuance of the first Building Permit, a boundary plat shall have been prepared, approved by city Council.. and recorded in the p.ublic rec0_rds of Palm Beach County.. "’ ~rdinance 20, 1997 Prior to the issuance of the first Building Pea’nit, all necessary permits shall have been obtained from South Florida Water Managemeat District, Health and Rehabilitative.S,~ices,,,at3.d,, palm Beach County .... --. ...: ..... ....=.. . - .".S-..L Prior to the issuance of the first building permit, the propert3,, owner or successor must obtain a driveway connection pea’nit from Palm Beach County for the Nocthlake Boulevard entrance. If at any time the City determines that maintenance of the grass parking area is in disrepair or poor appearance, the City may require the owner or successor to correct the deficiency within thirty (30) days of receipt of,~,ritten notice. Upon failure by the .owner or successor to comply in the time provided, the City may require the parking area to be totally or partially paved within one-hundred-fifty (I 50) days of receipt by owner or successor of written notice. All such paving shall be conducted according to City standards at the time of paving. All costs ~11 be ~hc rcs0o~.sibi!hy of ib.e owner or successor. The landscaping and irrigation of Nonhlake Boulevard and Gibson Road as ¯ .~rovided lbr in the plans shall be completed prior to the issuance of the Certificate of Occup~cy. The owner or successor shall be responsible for the pe~etual maiuten~ce of said landscaping. All applicable municipal and county impact fees shall be payable contemporaneous ..with issuance of the first Building Permit. Fhc ,~w~.:r ,,~ <uccessot sl!Zll utilize ~lice or.equally t~ined ol~cizls at all- ingress :rod egress point~ along Nonhl~e Boulev~d for the m~aaement ~f " Ordinance 20, 1997 ~e 3 ll. traffic flow and direction before and after all events, including regularly scheduled events. The petitioner shall, maintain a minimum of three (3) police or equally trained officials at all times for the direction and contol of traffic entering and exiting the site. As a guideline, traffic on blorthlake Boulevard shall not be stopped for m~e"thart~90:~cibnds during the traffic 6titrot pedo - .:_.. The four traffic lanes located at she western portion of the site which provide access to/from Northlake Boulevard shall be utilized as follows: a)Following all services and events, traffic cones or other similar traffic devices shall be utilized so as to limit ingress to thesite to one (1) lane; egress shall be provided via two (2) left-turn lanes and one (i) tight-rum lane. b)During all bther times, two (2) lanes shall be used as inbound lanes and two (2) lanes shallbe used as outbound lanes. Prior to the issued.co of the first buildin,2 "~’~’;’_ v~_,:: ....ihc petitioner shall subr, aiz :~ revised lioohting photometric plan., indicmin~ ~ ma_\imum 20-foot high lighz polcs~ for the City’s approval. 14.Prior to the issuance of the Certificate of Occupancy, the petitioner shall erect a 6- foot wall along the site’s northern property line. 15.Prior to the issuance of the Certificate of Occupancy, the petitioner shall install a 3-foot grass berm adjacent to the northern limit of the paved parking aisle on the site. blo parking shall occur in :he area north of the parking lot and brim. SECTION 3. Construcii,_~n of the I~alm Beach Gardens Christ Fellowship Church ---. .....Blarmed:l~nit. Development-shall be in c.o..m_~liance with the following plans on file with the City:s Growth Management Department: !.) 2.) 4.) 5.). November 12, 1997 Site Plan, Glen Pate & As6ociates, Sheet SP-1.0 October i, 1997 Architectural Elevations, Glen Pate & Associates, Sheets A-1.0 through. A- -. October 28, 1997 Conceptual Floor Plan and Section, Glen Parle &/k~ssoc~ates, 2 sheets. November 14, 199"/Landscape Plan, GeorgeO, Gentile & PussGcjat.es,~h&etL-!" January_ 24. 1997 :LandscapeElevations’ George G. Gentile & Associates., Sheet L-2 February 2 !. ! 997 Landscape Elevations. George G_ Gentile & Associates, .Sheets Ordinance 20., 1997 November 3, 1997 Irrigation Plan, George G. Gentile & Associates, Sheet I-1. 8.) September 30, 1997 Conceptual Drainage Plan, Kimley-Horn and. Associates, Sheet C-! .0 SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON SECOND ~AO~G THIS,~AY OF ~~ , 1997. PASSED AN~PT~~~AY OF ~~~ , 1997- " ~~~~ ~. ROSSO ~~~L~DA MONROE .. ViCE MAYOR LAU~N FURTADO CO~I~ E~ COUN. ~CILNLAN DAVID CLARK ATTEST: Lil’,IDA V. KOSIER, CMC, CH-Y CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY_ C~I-TY ATTORIqEY VOTE:AYE MAYOR RUSSO -VICEIC4AYORFORTADO COUNCILWOMAN MONROE COUFICILM,,M’q JAB Llbl COUNCILMAN CLARK _ NAY ABSENT . . : ,-’i,,,at.i iii-} April 26, 1999 May 2I, 1999 June 24, t999 July 15, 1999 ORDINANCE 23, 1999 -’-..’- .~. -.: ......~.. :~,. ~. AN ORDINANCE OF THE CITY COUNCIL Ol~ THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN AMI~blDMENT TO ORDINANCE 20, 1997 TO PROVIDE FOR MINOR CHANGES IN ELEVATIONS AND FLOOR PLANS OF BUILDINGS A, AND C IN THE CHRIST FELLOV¢SHIP PLANNED UNIT DEVE-LOPMENT~ PROVIDING FOR CONDITIONS OF APPROVAL~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application fi’om Christ Fellowship L’ac. to mnend Ordinance 20. 1997 to provide for minor changes in the elevations of Buildings A. 13 and C z ad ~o Zhe floor pl~ of Bui]di::g A wi:.hi:’. ~:e CIa.;-:~ l=eiiowship Pl~qned Urdt Develop:ncnz: at.g_ \VHSEREA$: C-’.~ist Fellowship was approved by Ordinance 20, 1997; and Wh’-EP,.EAS: :~: Citys G:a::-~-q Mm:ag-:men:. Depm-t;-;-,env has de~ennined :.hat .-:.--_~ minor in nature; and WHERF_AS, the City’s Growth. Management Department has determined that ~pp;oxal of said application is consistent v,’ith the City’s Comprehensive Plan and Land Development Regulations. NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUIqCIL OF THE CITY OF PALM BEACH GARDENS: FLORIDA: - SECTION i. The City Council of the City of Palm Beach Gardens, Florida, approv,:s an amendment to Ordinance 20:1997 to provid e for-mh~or ch~ges in the elevations and floor plans of Buiidin~s A. B az, d C ’ " " ""~~--~te.;n ,he Christ Fellov-.:sh:,p Planned Unit Development. ........... : ........ SECTIOH 2.- Siiia-lifbfS~"~il -gh~ll-b~; ~a bj~e~-t-t~-lh-o-fotlowing-conditions;-whida--shalt--t’-e "the-: ................ responsibility of the ~pplicaml, its waccessots and/or assigns; All of the conditions from Ordinance 20, 1997 shall remain in full force and effect. felanning & Zoning) .. ~.e a.,,.y.re.mo/~.!c~__.,i.e~ o.-.-~te- or off-sl.t~, sh_a_!l_ _he.. prob;.bR.~__. (C_~_e Building A shall be limited to a capacity of 452 people. (Code Enforcement) SECTION 3. Said approval shall be consistent with plans and documents fil~_[d with the City’s Groveth Management Department ~ follows: l.Mamh 19, 1999 AtchitemiJal Site Plan, Glenn Pate & Associates: Sheet SP-i. 2. May 18, 1999 Building B Elevations (Childten"s Education), Glenn Pate & Associates.. Sheet A-! 3. June 25, 1999 Building B Floor Plan, Glenn Pate & Associates. 4. May 18, 1999 Building A Floor Plan (Youflt Ministry), Glenn Pate & Associates, Sheet A-2. 5.May 18, 1999 Budding A Elmeations, Glean Pate & A~oeiates, Sheet A-3. 6. May 18, 1999 Building C Elevations, Glenn Pate & Associates, Sheets A-4, A-5. 7. May 11, 1999 Letter from Glenn Pate & A~soeiates. SECTION 4. This Ordinaace shall be effe.cdve upon adoption. ATFEST: LINDA . KQSIER, CMC, CITY C 1999. APPROVED AS TO LEGAL FORM A.~h~SUFFICIENCY. 2 June 24, 1999 June 30, 1999 July 2, 1999 , August 27, 1999 """~-;" ’ORDIt~dqCE 34,1999--- ~ ORD[i’,IAHCE OF THE CITY" COUNCIL OF THE CITY OF PALM REACH GARDENS, FLORIDA, AMEH1)I-BIG ORDINANCE 30, 1990 WHICH APPROVED A CONDITIONAL USE, TO ALLOW AN INCREASE IN THE MAXIMUI~t OCC1LIPAHCY AT TIlE SITE KHOWH AS "CHRIST FELLOWSHIP" WHICH IS GEHERALLY LOCATED OH THE $OIYI’H SIDE OF HORTHI.AKE BOULEVARD VCF_A~ OF MII,ITARY TRAIL, AHD TO A_MEND THE APPRQVED USE OF THE RF~IDEI~ICE BUILDING TO A YOUTH CENTER; PROVIDING FOR CONDITIONS OF APPROVAL; AND PP.OVIDING FOR b~N E,F FECSI-I V E D ATE. \kq-IEILE_tsS, tlac City has received an application from Christ Feliiowshi I) Inc. to mnend Ordinance 30, 1990 to allow an expansion of the conditional use. and a change in u~e for ti~e residence to a youth center for a property more particularly described in Exhibit "’A’" (attached),.and WHEREAS, Chrizt Fellovrship’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 Fellov~hip’s temporary modular units were approved by Resolution 4, 1997, and , WHEKEAS, the City’s Growth Management Department has determined that approval of said applic~tion is consistent ~vith the City’s Comprd~ensivc Plan and Land Development --R.e_gu!atio .ns., _.a r~d_ .............................................................................................................................. i ...... WHEREAS, the City’s Planning and Zoning Commission has recommended-~pproval- of- - this request, with conditions, HOW, THEREFORE, BE IT ORDAINED BY THE CITY.COUNCIL OF THE CITY OF PALM :BEACH GARDENS, FLORIDA: SECTION I. The City Council of the City of Palm Beach Gardens. Florida. ai~proves .an C C amendment to Ordinanoe 30, 1990 to amend the ~oadilional use to allow a temporary inczease in the ~__mxi_._m_.mo___ occupancy to 768 seats. Thi~ amendment shall be valid only until the issuance of the Cextificate of Occupancy for the sanctuary on Christ Fellowship" s new campus on the north side of Nortldake Boulevard (as referenced in Ordinance 20, 1997 as amended) or until January I,2000, whichever occurs first. " _SECTION 2. The City Council of the .City of Palm Beach. .Gardens, FLorida, approves an ~" "aendmeat to Ordinance 3i~:T990 to~’alfi~’nd thee6nditiotml use to Mlow a perman~rit increase in the maximum oew~pancy 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 Ordinatace 20, 1997 as amended) or January 2, 2000, whichever occurs firs’,. 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 adoptiorL SECTION 4. Said approval shall be subject to the following condit.ion_% which shall be the responsibility of the applicant, its successors and/or assigns: !. hnmediatcly upon the issuance of the Certificate of Occupancy for the new sanctuary for Chris~ Fellowship on the noah side of Northl~e Boulevard (~ referenced in Ordinance 20, 1997 as amended) or by Janua W 2: 2000, whichever occurs first, the minimum oarking tcouircna¢~ an tiffs site shall be ~lculated at a rate of 1 goace oct 3 s~ in the sanstuaw. At that time, one hundred ~d ninety-~o of ~e s~ in the s~ct~ sh~l be ~ently remov~ l~ving a ~ent ~~cy of no more ~ 576 ~t~ ~d zu a~d~t ~!1. ~ sub,aM to ~e Ci~ by ~e #fioner ~in g flxat fl~e s~ting h~ ~n r~u~ to 576 br less. ~evelopment Compli~ Offi~o 3. ~en dete~in~ to. be ne~s~ by the Ci~ of Palm B~ch G~de~ Po[i~ Dep~en~ ~e petitioner or su~ssor shall utili~ ~li~ or ~ly t~in~ offici~s in nom~rs dete~ined by the Police Department at all ingrc5~ and egre~g poin~ alonR No~hl~e Boulevard for the m~aRement . of ~rall~c lloxa and dircclion before and after excnts.(Code Enforcement: Police Depa~ment) City’s Growth Management Department as follows: June .7, t999 Existing South Campus Site Plan, Glen Pate & Associates, Sheet SP 1.0 ¯ August 5, 1999Future Phase 2 Site Plan, Glen Pate & Associates, Sheet SP 1.0 SECTION 6. This Ordinance shall, be effective upon adoption. o "x’I’TI.=.S’I’: ~.INDA V. K.OSII~R ,Cix4C= (_’.iT";.’ CLERK VOTE:AYE APPROVF_I) AS TO LEGAL FORM AND SUFFICIENCY. CITY ATI’ORNEY NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCI LMAN SABATELLO COUNCILMAN JABLIBI ............C{}~leit;tvt~q.-et:~-- tj.~jt. ~’RAFFIC FLOW FOR EXITllqG Petition No. PUD-96-04 ; PBG Christ Fellowship Our recommendation to the City Police Department is that traffic on Northlake Blvd. never be stopped for any period of time longer than a 90-second lute _rval. (This is the time of short traffic light.) ARer Lrafftc is flowing smoothly on Northlake and u’af~c on the site "has s~cked sufficiently, the.re should be another 90-second or less interval to allow Uafftc to exit the site al~er service. NOTE: With this plan in place, no one traveling on Nortldake should ever have to wait more than 90 aeconds at om egress point on blorthlake Blvd. Please note the following statistics: Single right turn lane can handle 1.690 vehicles per hour. .4"/,¢chiclcs per second. .47 x 90 seconds = 42 vehicles per 90-second interval. Single left turn lane can handle 12~ vehicles per hour. = .33 vehicles per second. .33 x 90 seconds = 30 vehicles per 90-second interval. Field test of trafftc exiting the existing site verifies the above statistics. New Site: Two left turn lanes for exiting. One right turn lane for exiting. For each 90-~ecoud interval ~ 102 car~ can exit Ore site. Eight (8) 90-second intervals can vo’~d the entire pagking lot. .February 13, 1997 :idr. Jack Dillon Cypress Hollow Homeown~’~ Assodation TO:Charles Wu, Dire~or, Growth tchaagement City of Palm Beaoh Gardens FAX: 799-1281 FROM: Joan Altwater DATE: 6/7/01 RE: palm Beach Gardens Christ Fellowship KquwIFI 5tAXAGEMEXT I)EPARTMENT Charles, Per our discussion, have listed several items which I would like to discuss with you 10 Acres of Property .pu!diased last year * 1-2 Shuttle Va,-~ parking lhele reg~..!.ady - Ca~ partq-~ there re~_,hdy since Easter 200i o Hot pexmitted for such activity to my knowledge Horth Campus ¯People crossing flora South Campus, but not where police are - Per CF’s Web Site. classes being conducted on South Campus simultaneously with Horth Campus activities promoting such beha-do~, or -Ou.cnt level of people attending evenLs/sercices exceeds the approved number of seats and South Campus being used as overflow parking ¯Traffic officers not highly vis~le at nigfit (2 dfficers on duty. think 3 were cited in Ordinance from 11/97) ¯Suggest reducing glar~type fighting currently in use to protect our poGce officers while on dmy~aamc o 90 Second hold rule being isnored by certain Traffic officers ¯Stack lane for cars turning right offHorthlake onto CF North Campus is grossly inadequate; cars baoking up clop~ to Military Trail intersection at times o Question as to whether Dumpster byYouth Activity buildln~ (building on Southwest comer) ts in appropriate place ~ approp~te visual bardex~ ¯Ho’~e from building and paddng 10t is sttql an issuo with somo Cyp~e..~ Hollow residents ¯Dead uees along Hunt Club Drive (formerly Gibson Road); CF to plant and maiutaia that ¯Why are tall l;~htson so late at night (10 pm) when no acttvRtes ooeurdng; reset timers for pm shutoff ¯Pence toHazarene not ©losed *Large utility/storage building on southeast cemer ofHaT.~rene-- questioaable set back; .sb_ ink it belong~ to CF ¯Blue mdwich-boardstyle sign being esed on Sat., Sun & Wed_ to denote campus. Wilh reoclxt changes to South Campus, why is temporary sign still being used7 Get approval for pcrmau~nt sign which can be seen by vehicles traveling EastoWesL ClTY OF PA.LM BEACH GARDENS 10500 N. MILITARY TRAIL. PALM BEACH GARDENS; ~=L(~JDA 33410-4698 August 22, 2001 Ms. Joan Altwater 9180 Cypress Hollow Drive Palm Beach Gardens, FL 33418 RE: PUD-01-03 Christ Fellowship PUD Amendments Dear Ms. Altwater: Thank you for your memorandum dated June 6, 2001 outlining your concerns regarding the Christ Fellowship Church site. Staff has conducted field visits to the site in response to your concerns and the following actions have been taken: *10 acres of property east of North Campus. Code Enforcement found that the applicant was using the site to park vans, and the applicant was informed that there was a condition of their development order that prohibited the use of this site for additional parking. The site had also been utilized for overflow parking on Easter Sunday. The vehicles were removed from the site and the Church agreed not to utilize the site for overflow parking in the future. Staff shall monitor this site to ensure that it is not used for uses prohibited by the development order and LDRs. ¯North Campus People crossing from South Campus, but not where po.lice are stationed. This activity was not observed at any time during Code Enforcement, Inspector Robert Creston’s investigation. Ordinance .20, Section 2, Condition 10 requires that police control all traffic movements as specified in a traffic control report at the intersection of Nortldake Boulevard and the church egress. The applicanthas requested to eliminate the prohibition of the shuttle bus service to help ensure that this activity will not occur in the future. Traffic control officers not highly visible at night. Only two officers on duty. . In~,e~tor -R~b c-d- CTeston-repot~-~. at at~ll~-ftmcz-~on--Satrarda3,~Sunda3m- ~ ~da~ ............ during his site visits there were three police officers on duty wearing the required neon safety vests. Ordinance 20, Section 2, Condition 10 requires that police control all traffic movements as specified in a traffic control report at the-intersection of Northlake Boulevard and the church egress. ¯Glare from lighting is posing a. safety hazard for the police officers. No glare was observed by Inspector Robert Creston or reported by police officers. Section 95 of the Altwatet Letter : August 22, 2001 Page2 LDRs ~speeifies minimum footcandles for parking and pedestrian areas within areas, but not within public fights-of-way. 90 second rule being ignored by certain traffic officers. No evidence was found to support this issue. Ordinance 20, Section 2, Condition 10 requires that police control all traffic: movements as specified in a traffic control report at the intersection of Northlake Boulevard and the church egress at a maximum ofgo second intervals. Stacking lane for cars turning right from Northlake Boulevard ¯into the North campus is grossly inadequate, causing backup to Military Trail at times. Inspector Creston reports the church has an individual directing traffic into both entrances to keep traffic flow unimpeded. Ordinance 20, Section 2, Condition 10 requires that the petitioner maintain three.police officers at all times for direction and control of traffic entering and exiting the site~ The dumpster near the Youth Activity Building (southwest corner) is not in the appropriate location with visual screening. The dumpstcr is not screened on the west side of the building. Section 194 03)(2) of the City’s land development regulations requires that all dumpstcrs bc screened with materials consistent with the materials of the main building. Th6 applicant was informed of this and responded that they would instruct their maintenance operators to ensure the dumpster bc returned to its enclosure after trash pick-up. Noise from the building and parking lot is still an issue with some Cypress Hollow residents whose properlies back up to that area. Noise readings were conducted on June 13, 2001 at 7 p.m. and 8 p.m. and on June 17, 72001. at 9:45 a~m., in the aforementioned, areas. No violations of Section 306Co)(1), Performance Standards Noise, were observed. Dead irees alongHunt Club Drive. Three dead palms were observed along Hunt Club Drive. Ordinance 20, 1997, Section 2, Condition 5 requires that the applicant "be ¯ responsible for the perpetual maintenance of said. landscaping (along Hunt Club Drive)". Staff has instructed that the applicant to coordinate with the City Forester to address replacement of dead or dying landscaping on site. Code Enforcement shall also contidue to monitor the site for violations to the City’s Landscape Code. ¯Tall Hghts on at. 10:00 p.m.This is neither a violation of our codes nor related to a South Campus Fence to Nazarene is not closed..Onsite inspections have confirmed the existence of an opening in the fence line. Section 1 A of Resolution 5, 2000 state.s that the applicant, must ,’close the access point between, this site and the Church of the Nazarene to the west’: The applicant has indicated to staff that the opening of the fence line has.been dosed. Altwater Letter August 22, 2001 Page 3 ¯Large utility/storage building on southeast corner of Chua’ch of the Hazarene. This structure is in violation of setback requirements per Inspector Dan McDade. Closer examination is required. Setbacks for institutional uses are regulated by Section 78 of the LDRs; however, this building is related to neither the Horth nor South Campuses of the Christ Fellowship Church site, The applicant has responded that the utility building has been removed. ¯Use of a blue sandwich board sign on Saturdays, Sundays and Wednesdays to denote campus. The sandwich board sign is no longer in use per Inspector Creston. The City has coordinated with the applicant to ensure that conditions of all development orders associated with these sites are complied with, Code Enforcement shall continue to monitor this site, as well as the rest of the City, to ensure that all pertinent regulations are adhered to. We appreciate your effort and concern on this case. If you have additional concerns about this specific petition, please contact Ed Tombari at 799-4299. For general code enforcement issues, please call Perry Davis, Code Enforcement Officer at 799-4238. Sincerely, Charles K. Wu, AICP Growth Management Director Karen Craver, AICP Ed Tombari, AICP Kelvin Wise Ron Fen-is Len Rubin, Esq. Joe Ryan Alan Ciklin, P.A. \~FI LE_S RV~COMPROG~ hott Range~pud0103joanlct822.doc ( I 41 21 P, UD. REVISIONS: Ii / I /’=3"1 ,4DUI II / 121 ’=J-I UJ,ALL, f ~I I~II ~p~. SHEET NO. OF DRAWN BY DATE " PROJE( 199 ¯Chr/s t Fellowship. .,--~=---- ~--~---=._ =__, ._= .... "1 I Christ l~.cllowship Christ ¢cllo~hip XI. ITEMS FOR DISCUSSION: a.NOPC Concurrent Processing Discussion. BOOSE LAw CASE’Y CIKI.IN LuBrrz MARTENS MCBANE ~. O°CONNELL A PARTNERaHIP INebUI)INO lBROFIv881ONAL AB~OCIA’I’ION~ ~IASON ~. H~,,qELKORN RICHARD A. BRIAN B, ~IOSLYN, P,A. GREOORY S. KINO, P.A. DONNA L. LEVY H. DANIEL LOOAN CHARL~--S A. LuBrrz, P,A, RIOI-t~,RD L MARTE.NS, I~.A, BRIAN M, O’CONN~’I.,I., PHIf~ ~), O’CONNC’LL, MATTHEW N. THIBAUI" DEAN Vg’OO’CEN, F~.L, JOHN ~. YOUNO, Janua~ 10, 2002 Via Fax 799-’t281 Charles Wu Growth Management Director Ci~ of Palm Beach Gardens 10500 No, Military Tra~l Palm Bcach Gardens, Florida 33410 Re:Christ Fellowship - Continuance Dear Charles: Pursuant to the suggestion of several Council members and our discussion of today’s date, my client will agree to a postponement of the Public Heating until March 7, 2002. The Second Reading will be held on March 21, 2002. We are anticipating that only the March 7th hearing will be a Public Hearing. Also, because of the interest in this matter, I would suggest that for the benefit of both sides, that the hearing be held at a time certain as determined by the Council. As I mentioned to you we will not be in attendance at tonight’s hearing in light of the foregoing. My client intends, as suggested by individual Council members, to use their best efforts to meet with area residents in order to satisfy whatever eoncera~ they may have regarding the Church’s pending request. As discussed, please confirm the above-referenced dates in writing so that there is no misunderstanding as to when this matter will be heard. AJC/lcw 28498 Alan J. Ciklin Joe Ryan, Executive Adininistrator lO’d 0£:9I ~0, OI ue£I8£0-0~8-I95:xE3 NI]~I3 h3S~3 3SOOfl M E M O R A N D U M WA-F[ERSON, HYLAND & KLETT, P.A. To:Mayor Joseph Russo From:Leonard G. Rubin, City Attorney Subject:Voting Conflict of Interest Date:January 9, 2002 Members of the City Council Ronald M. Ferris, City Manager Question Presented: You have asked this office to provide a legal opinion as to your obligation to abstain from voting in your official capacity with respect to the Notice of Proposed Change ("NOPC") to modify the Planned Community_ District and Master Plan of the Regional Center Development of Regional Impact ("DRI") to allow certain land use conversions, roadway reconfiguration and an increase the total commercial square footage permitted by the development order. Background Information: The basis of such potential conflict is your status as a limited partner with a one percent (1%) interest in the ownership of a medical/professional office building within the DRI located at 3801 PGA Boulevard ("3801 Building"). This office building contains less than 185,000 square feet of medical and professional office space, and is within the Gardens Corporate Center PUD. The Gardens Corporate Center PUD is a 15.6 acre site including the 3801 building, a skilled nursing facility totaling 70,000 square feet, and two additional proposed medical/professional office buildings totaling just under 225,000 square feet. Discussion: Voting conflicts for members of the City Council are governed by section 112.3143, Florida Statutes. Subsection (3)(a) provides that a municipal officer shall not vote in an official capacity on any measure that "would inure to the special private gain or loss" of the officer, a principal by whom the officer is retained, or a relative or business associate of the officer. Under the terms of the statute, a business associate is defined to mean any person or entity engaged in or carrying on a business enterprise with a public officer "as a partner, joint venturer.., or co-owner of property." According to opinions issued by the state Ethics Commission, the determination of whether the officer receives a special private gain or loss is based upon the size of the class of persons affected by the vote at issue and whether such gain or loss is direct and proximate. MayorJoseph Russo Janua~ 9,2002 Page 2 The Regional Center DRI encompasses a variety commercial and residential uses, included retail, office and-hotel space. The maximum floor area for all such uses within the DRI exceeds 5,000,000 square feet. The proposed changes involve the elimination of certain residential uses; the reconfiguration of a community use parcel; the reconfiguration of the alignment of a roadway; a 279,000 increase in the square footage of commercial uses; and the approval of a conversion matrix to establish conversion rates for the approved uses, up to a set maximum for each type of use. It is anticipated that the increase in the commercial square footage and the relocation/conversion of certain retail uses would facilitate the construction of a mixed use retail/office project, including a movie theater, to the north of the Gardens Corporate Center PUD. The majority owners of the 3801 Building have raised an issue with respect to notification of property owners within the DRI (which has been cured) and very general concerns at public hearings before the City Council and Planning and Zoning Commission regarding additional trafficg#nerated by the proposed mixed use project and the traffic circulation within the DRI...i ~ j_s The~r~q~isite gain or loss to the public officer orto a business associate of the public officer is essentially a financial one. Whether a measure inures to the special private gain or loss of a public officer depends on the size of the class of persons who stand to benefit from the measure. Opinions issued by the Commission on Ethics indicate that the special gain occurs when the official’s interest constitutes anything more than a small percentage of the class of persons affected. Additionally, notwithstanding the potential for financial benefit or detriment, in some instances any gain or loss resulting from the measure would be so remote or speculative that it could not be said to create a voting conflict. In this case, there is some question whether approval of the NOPC would result in any special private gain or loss to the owners of the 3801 Building. This project occupies only a portion of a 15.6 acre site (3.4%) within a 458-acre DRI and constitutes a mere 185,000 square feet (3.7%) of over 5,000,000 square feet of total floor space. Consequently, the gain or loss to the property owners at issue does not appear to be sufficiently"special" or distinct. See CEO 87-18 (planning commissioner was not required to abstain from voting on comprehensive plan amendment that would have affected 29,000 acres because his principal was leasing 300 acres); CEO 90-71 (town commissioner not prohibited from voting on issues relating to a project that would benefit his neighborhood and that would be assessed against the property owners where the commissioner owned 1 of 83 total lots); CEO 85-62 (city council member not prohibited from voting on an ordinance providing for site specific rezoning for a redevelopment area where the council member’s corporation owned a 1 acre parcel within the several square miles included in the development area). Assuming, for the sake of argument, that these circumstances satisfy the requirement of special private gain or loss, any such gain or loss appears to be remote and speculative. The NOPC in no way directly affects the 3801 Building orthe Gardens Corporate Center PUD. The majority owners of the 3801 Building have not specifically alleged that the approval or Mayor Joseph Russo January 9, 2002 Page 3 denial of the NOPC would have any effect on the value of the property. The stated concerns focus upon general traffic issues. In fact, any such concern would be patently premature given that the NOPC only approves a slight increase in the total amount of commercial square footage and a conversion matrix for the conversion of certain uses up to a maximum number of square feet for each use. The proposed mixed use development to the north of the Gardens Corporate Center PU D has not received any approvals; therefore, the impacts of this project, either positive or negative, are purely speculative at this time. See CEO 93-4 (a city commissioner could vote on rent increases for a mobile home park owned by the City and located near a proposed RV park he owned because the possibility that he could in the future justify charging a higher rent for his park was too speculative); CEO 86-44 (city council member not prohibited from voting on a site plan of a shopping center to be !ocate~d adjacent to the florist store he owns and operates where any parking spaces orl~nd lost because of the plan would be replaced and where any impact the.proposed mall would have on the florist business in the future is remote an~t speculal~ive)~’CEO 85-77 (school board member who owned a retail clothing business near the site of a proposed school administrative complex was not prohibited from voting on matters relating to the use of the school district’s property). Conclusion: Based on the foregoing, it is our opinion that you are not required to abstain from voting on issues relating to the NOPC for the Regional Center DRI. The class of persons affected by the NOPC appears sufficiently large to negate any special private gain or loss. Additionally, any claim that approval of the NOPC would negatively impact the 3801 Building is too remote and speculative. Should you have any questions or be in need of additional information, please do not hesitate to contact this office. P :\C PWi n\H istory\000306A\446.23(scw) (319.055) COMMENTS FROM THE PUBLIC Request to Address City Council Please Pr~~v~ Name: ~ Address: ~) /07 Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print Name: ~)~al COMMENTS FROM THE PUBLIC Request to Address City Council Address: City: Subject: Members of the public may address the City Council d~u~ring the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. IMAGE SHEET LAST NAME:DOLINSKA RACE: FIRST NAME:TAMARA SEX: DOB: BOOKING #:99990093 HEIGHT: TFP ID #:1000587 WEIGHT: JACKET # WHITE FEMALE 01/02 / 63 HAIR COLOR: BLACK EYE COLOR: BROWN BURGLARY SUSPECT W NTED Suspect: White Female Polish decent Tamara Dolinska 01-02-63 This suspect has numerous aliases and will use fake identification. She will use fake passports as well as drivers licenses. She has warrants for armed burglary, numerous residential burglaries, and an FBI warrant for unlawful flight to avoid confinement. She is from Poland and she has warrants dating back since 1988. She has been picked out of two iineups and identified as the suspect in two Ballenlsles high dollar, daylight residential burglaries. Dolinska has warrants in palms as well as St. Louis, Broward County Florida, Sarasota County Florida, Seminole County Sanford Florida, Jefferson County Birmingham Alabama, St. Louis County Police Clayton Ohio, Erie P.D., Baton Rou~e La, Nashville Tennessee, Brooldvn New York. FRANK BORG ANDREES GROCHOWSKI Andrees Grokowski, Andrees Grochowski, ....Page 1 of 4 BURGLARY TEAM ARRESTED AGAIN Waldemar Lapinski Kasha Osa Frank Borg FRANK BORG ANDREES GROCHOWSKI DOB: 05/02/1953(Borg), 08/03/1953(Grochowski)(Adam Fortuna)(Koski Yonkoski), 06/09/1953(Kura), 07/20/1954(Koski & Yonkoski). Race: White; Sex: Male; Height: 5’07", Weight: 240 pounds. Hair: Black; Eyes: Brown. Also Known As: Andrees Grokowski, Andrees Grochowski, Adam Fortuna, Jan Koski, Jan Yonkoski, Frank Kura, Frank Strona, Andrzej Grochowski. Known In Florida As: Grochowski, Kura, Koski, Yonkoski, Strona and Borg. Current Address Used: 512 78th Avenue, St.Petersburg, Florida. Current Vehicle Used: 1999 green Monte Carlo, CO tag# ADC4127. Current Associates: The LA 20, Danuta Reszuta(Janina Nowk), Dolinska http://www.semin~~esheriff.~rg/trave~ing-~rimina~s/trav~92-~apinski&m~re~a&~sa&b~rg.htm~ 1/10/02 FRANK BORG ANDREES GROCHOWSKI Andrees Grokowski, Andrees Grochowski, ....Page 2 of 4 sisters, Wieslaw Wojciechowski. KASHA OSA DANUTA RESZUTA DOB: 10/05/1954(Nowk)(Reszuta),07/05/1955 (Wawrzyniak), 07/22/1964 (Saida)(Sajdera), 07/03/1956, 11/20/1955(Osa). Race: White; Sex: Female; Height: 5’04", Weight: 190 pounds. Hair: Black; Eyes: Brown. Also Known As: Danuta Reszuta, Janina Nowk, Jadwiga Warzyniak, Halina Saida, Halina Sajdera, Kasha Osa and Nina Kler. Known In Florida As: Nina Kler, Jadwiga Wawrzyniak, Saida, Sajdera, Osa and Reszuta. Known Associates: The LA 20, Dolinska sisters, Jan Jablonski, Wieslaw Wojciechowski. Address Used: 19046 Bruce Downs, Tampa, Florida. WALDEMAR LAPINSKI DOB: 01/04/1965(Lapinski), 04/09/1959(Wosciechowski), 05/04/1962, 10/20/1965(Marciniak), 05/01/1959, 05/05/1960, 05/10/1964 and numerous others. Race: White; Sex: Male; Height: 5’09", Weight: 190 pounds. Hair: Black; Eyes: Brown. Also Known As: Andrzej Wosciechowski, Palma Niebiesko, Andrzej Wojciechowski, Wieslaw Wojciechowski, Waldemar Lapinski, JozefLocas and many others. Known In Florida As: Tadlea Marciniak, Waldemar Lapinski, Wieslaw Wojciechowski. Known Associates: Dolinska sisters, and the above. EWA MORELA DOB: 04/04/1971. http://www.semin~~esheriff.~rg/trave~ing-crimina~s/trav~92-~apinski&m~re~a&~sa&b~rg.htm~ 1/10/02 FRANK BORG ANDREES GROCHOWSKI Andrees Grokowski, Andrees Grochowski, ,... Page 3 of 4 Race: White; Sex: Female; Height: 5’02", Weight: 150 pounds. Hair: Black; Eyes: Brown. ALERT: This subject and the above subject Lapinski HAVE NOT been positively identified by fingerprint comparison as of July 21, 1999. However, the arrest photograph of 06/23/99 under the Lapinski name appears to be that of Wojciechowski and the arrest photograph of Ewa Morela bears resemblance to Tamara Dolinska. This file will be updated when fingerprint comparisons are made. The first two pictured subjects as been positively identified through fingerprint comparisons. On June 22, 1999 the above the first two-pictured subjects were arrested by Leawood, Kansas Police Department on various charges relating to a residential burglary. Both were utilizing a 1999 green Monte Carlo leased vehicle bearing Colorado Tag# ADC4127 which had been leased at Denver, Colorado. The female, later identified as Danuta Reszuta was observed stealing approximately $20,000 worth ofjewelry from a residence in Leawood, Kansas. The victims observed the female run from the residence and later get into the green Monte Carlo. The vehicle was later stopped and the female identified as the burglar. NOTE: Danuta Reszuta had recently been arrested elsewhere and also returned to Brevard County, Florida on an outstanding warrant charging residential burglary. The driver of the green Monte Carelo was also charged and later identified as long time companion Andrees Grochowski. Danuta Reszuta was identified in south Florida and central Florida during 1995-96 as Halina Saida or Sajdera. Grochowski was identified as Adam Fortuna, Jan Koski or Yonkoski. These two have been long time traveling companions with numerous arrests in several states. They were also believed to be part of the original LA20 in 1986-88 that was apprehended in California. The following day June 23, 1999 there was another suspicious vehicle driving around a Leawood, Kansas subdivision. The vehicle was stopped and identified as a red 1999 Ford Contour bearing current North Carolina Tag# JWH5489. According to Leawood Kansas Police Department investigation, this vehicle was leased from Hertz at the Palm Beach Florida airport. As this vehicle was reported stolen, due to the fact it was fraudulently leased, the two http://www, seminolesheriff.org/traveling_criminals/trav092_lapinski&morela&osa&borg.html 1/10/02 FRANK BORG ANDREES GROCHOWSKI Andrees Grokowski, Andrees Grochowski, ....Page 4 of 4 occupants were arrested for Theft. The driver was identified as Waldemar Lapinski of St. Clairsviulle, Ohio and the passenger as Ewa Morela. Lapinski had an Ohio drivers license and Morela had a fairly new Florida ID card. Both later bonded out prior to fingerprint comparisons being made. NOTE: Waldemar Lapinski has been positively identified by the Seminole County, Florida Sheriffs Office Latent Fingerprint Examiner as one Andrzej Wosciechowski, who is currently wanted in Rockville, Maryland. Ewa Morela has also been positively identified through fingerprint comparison as TAMARA DOLINSKA. It is believed that Andrzej Wosciechowski and Tamara Dolinska are married and that they have traveled together for many years. Their current whereabouts is unknown, however, both are known to frequent central and south Florida every year. Currently there are warrants in Florida and other states for the arrest of Tamara Dolinska. As of July 21, 1999, Andrees Grochowski and Danuta Reszuta were in custody in Johnson County, Kansas. If you have more information please contact Detective Joe Languor Leawood, Kansas Police Department Leawood, Kansas (913) 642-5555 or Lt. John Thorpe Seminole County, Florida Sheriffs Office Sanford, Florida (407) 665-6610 or Jon Grow National Association Of Bunco Investigators Maryland Line, MD (410) 752-8150 or http~//www.semin~~esheriff.~rg/trave~ing-crimina~s/trav~92-~apinski&m~re~a&~sa&b~rg.htm~ 1/10/02 unvers License t~uery Kesults Page 1 of 1 State of Florida Department of Highway Safety and Motor Vehicles FOR USE ONLY AS AUTHORIZED BY DHSMV DL/ID Number Class Status M64ozoo71~24o~D c~D v~ Name ~ A~: Address 228 ~INO ST PT ST LUCIE FL 349522286 Date of Sex Height Birth 1971-04-04 F 5’02 Restrictions Restriction Date Endorsements Expiration Date 2003-04-04 Form Number Issue Date 1999-03-10 Duplicate Date Conditional Messages Motorcycle Florida Resident : Y Safe. Driver : Y Organ Donor : N If you have any questions regarding this system, please click here. Traveling Criminals Dolinska T, Dolinska B, Jablonski J Page 1 of 3 WANTED PERSONS Click on photo for more information Dolinska amara Barbara Dolinska Jan Jablonski TAMARA DOLINSKA DOB: 01/02/1963 Race: White; Sex: Female: Height: 5’5"; Weight: 120 pounds http ://www. seminolesheriff.org/traveling_criminals/Trav001 .html 1/10/02 Traveling Criminals Dolinska T, Dolinska B, Jablonski J Page 2 of 3 Hair: Brown; Eyes: Brown Also Known As: Bozena Durkiewicz, Wioleto Wirineska, Ola Dolinska, Wioleta Wisieka, Ewa Kuzawska, Teresa Krol, Teresa Krulk, Maria Koza, Teresa Wisieka, Tamara Kwiatkoska. Subject has outstanding warrants on file in Rockville, MD; Erie, PA; Nashville, TN; St. Louis County, MO; St. Louis, MO (wanted for unlawful flight to avoid prosecution); Seminole and Sarasota Counties, FL; Fort Lauderdale, FL; and Baton Rouge, LA. BARBARA DOLINSKA DOB: 04/27/1959 Race: White; Sex: Female; Height: 5"7"; Weight: 160 pounds Hair: Brown; Eyes: Brown Also Known As: Barbara Kozlowska, Basia Kozlowska, Rolinda Rodriquez, Barbara Dolinski, Barbar Dolinska. Subject has outstanding warrants on file in Indian River, Palm Beach, and Pinellas Counties, Florida; St. Louis, MO; St. Louis County, MO (wanted for unlawful flight to avoid prosecution); and Baton Rouge, LA. JAN JABLONSKI DOB: 07/10/1956 Race: White; Sex: Male; Height: 5’7"; Weight: 180 pounds Hair: Brown; Eyes: Blue Subject has an outstanding warrant on file in Palm Beach County, FL. Tamara and Barbara Dolinska are sisters and Jablonski is usually their driver. These three suspects have been able to avoid apprehension since February 1996 in Florida and have continued to commit Residential http://www.seminolesheriff.org/traveling_criminals/Trav001 .html 1/10/02 Traveling Criminals Dolinska T, Dolinska B, Jablonski J Page 3 of 3 Burglaries throughout the middle to eastern United States. Their most recent activity appears to be in Louisiana in Baton Rouge and the New Orleans area. The most recent warrants for the Dolinska sisters were issued in Baton Rouge for a burglary on 10/15/96. They have since been seen in the Baton Rouge and New Orleans area in February and March 1997. Common denominators in these burglaries are: ¯They are committed in affluent suburbs or in areas with a high percentage of elderly. ¯There is no forced entry if home is unlocked. If residence in unoccupied, they may pry door lock with a screwdriver or break winbdow and reach in and unlock door or window. ¯There is little or no evidence of ransacking. ¯Only the best quality silver and jewelry are taken along with currency. Occasionally fur coats and oriental rugs are taken. In most occurances, the loss is not discovered for some time. ¯White females are described as dark complected and having a strange accent, often claiming to be looking for a lost pet, wanting a drink of water, or having to leave a note for a neighbor, are seen in proximity to the location of the offense. If you have information on their whereabouts or need more information on these suspects, please contact Lieutenant John Thorpe Seminole County Sheriff’s Office (407) 330-6616 or email: ~c~o@~e~ino|esher~ff.org ~eturn to Thumbnails http://www.seminolesheriff.org/traveling_criminals/Trav001 .html 1/10/02 ANNA WALESKA, BARBARA DOLINSKA, Barbara Kozlowska, Basia Kozlowska, Ba... Page i of 2 DOLINSKA FINALLY ARRESTED ANNA WALESKA (AKA) BARBARA DOLINSKA DOB: 05/12/1957, 04/27/1959, 00/00/1958. Also Known As: Barbara Kozlowska, Basia Kozlowska, Barbara Dolinski, Rolinda Rodriguez, Barbar Dolinski, Barbara Dolinska, Anna Waleska. Race: White; Sex: Female; Height: 5’03", Weight: 105 pounds. Hair: Black; Eyes: Brown. Address Used: 3344 North Avers, Chicago, Illinois. Known Associates: Unknown during this arrest; however, in the past has been associated with her sister Tamara Dolinska, Jan Jablonski, Wieslaw Wojciechowski, Waldemar Lapinski, Witold Lakatosz, Jan Kmec, Frank Borg, Andrees Grochowski. Subject was arrested by Bradenton, Florida Police Department on December 20, 1999 for a residential burglary that occurred during the morning hours. This subject was apprehended with stolen money and jewelry from the victim’s house, the loss totally approximately $8,000. Subject utilized the Anna Waleska name and the above Chicago, Illinois address, which in all probability is fictitious. This subject faked a heart attack and was treated at Manatee Memorial Hospital and later removed to the Manatee County, Florida Correctional Facility. She was charged with Burglary and Grand Theft. http ://www. seminolesheriff.org/traveling_criminal s/trav 12 l_dolinska.html 1/10/02 ANNA WALESKA, BARBARA DOLINSKA, Barbara Kozlowska, Basia Kozlowska, Ba... Page 2 of 2 Fingerprint identification revealed her name as Barbara Kozlowska, White Female, date of birth of 04/27/1959, who commonly uses Barbara Dolinska as an alias. Barbara Dolinska is currently wanted in several Florida counties for various burglaries and other charges and also wanted by the FBI for Unlawful flight To Avoid Prosecution and by Louisiana on burglary charges. She is considered an excellent traveling criminal with prior arrests in Florida, New York, Missouri and Louisiana. As of 1997, there were a total of seven (7) warrants outstanding on her. She has been known in the past to associate with her sister Tamara Dolinska as well as the other above-named associates. She has utilized at least seven (7) different names in the past, two different dates of birth as well as four (4) different addresses. All property investigators should be familiar with this traveling burglar, as she has operated in Florida and throughout this country for many years. She is part of a larger traveling group, which claims to be from Poland. The photograph is from her December 1999 arrest and can be downloaded from this Web Site. For further information please contact Captain R. A. Petroskey Bradenton, Florida Police Department, or 3on Grow, Executive Director National Association Of Bunco Investigators, Inc. Maryland Line, Maryland (410) 752-8150 http://www, seminolesheriff.org/traveling_criminals/trav 12 l_dolinska.html 1/10/02 ~. .. . .. .... .-... . .- _. . . . ... ... _. . 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