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Home My WebLink AboutAgenda Council Agenda 081805 City of Palm Beach Gardens Council Workshop and Regular Meeting Agenda August 18, 2005 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Council Member Levy Vice Mayor Jablin Council Member Valeche Council Member Barnett CITY OF PALM BEACH GARDENS COUNCIL WORKSHOP AND REGULAR MEETING AGENDA August 18, 2005 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. WORKSHOP PUBLIC HEARINGS: Part I – Quasi-judicial a. (Staff Report on Page 7, Ordinance on Page 139, Resolution on Page 144) Ordinance 18, 2005 – Approval of an amendment to the Christ Fellowship North Campus Planned Unit Development (PUD). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a parcel of land consisting of approximately 20 acres, located on the North side of Northlake Boulevard approximately one mile West of Military Trail, as more particularly described herein, from Residential Low Density-3 (RL3) to a Planned Unit Development (PUD) overlay with an underlying zoning designation of Residential Low Density-3 (RL3), to be included in the Christ Fellowship North Campus Planned Unit Development (PUD); amending Ordinance 20, 1997 and Ordinance 23, 1999 relating to the zoning for the Christ Fellowship North Campus Planned Unit Development (PUD) to transfer the site plan approval and related conditions to Resolution 83, 2005; amending the zoning district map; and providing an effective date. Resolution 83, 2005 is a companion item to Ordinance 18, 2005 and will require Council action on second reading Resolution 83, 2005 - Approval of a master development plan for the Christ Fellowship North Campus PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Christ Fellowship North campus Planned Unit Development (PUD), located on the North side of Northlake Boulevard approximately one mile West of Military Trail, as more particularly described herein, to incorporate an additional 20 acres and to allow the development of a 159,180-square-foot expansion to the North Campus; granting conditional use approval for the expanded Christ Fellowship Campus; amending certain conditions of approval for the North Campus; providing for waivers; providing for conditions of approval; and providing an effective date. b. (Staff Report on Page 7, Ordinance on Page 158, Resolution on Page 163) Ordinance 19, 2005 – Approval of an amendment to the Conditional Use approval for the Christ Fellowship South Campus. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 30, 1990, Ordinance 34, 1999, and Ordinance 51, 1999 relating to the zoning for the Christ Fellowship South Campus to transfer the conditional use approval and related conditions to Resolution 84, 2005; and providing an effective date. Resolution 84, 2005 is a companion item to Ordinance 19, 2005 and will require Council action on second reading Resolution 84, 2005 - Approval of an amendment to the Site Plan approval for the Christ Fellowship South Campus. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Christ Fellowship South Campus conditional use and site plan approval, located on the South side of Northlake Boulevard approximately one mile West of Military Trail, as more particularly described herein, to allow for the deletion of a condition of approval; and providing an effective date. IV. ADDITIONS, DELETIONS, MODIFICATIONS: V. ANNOUNCEMENTS / PRESENTATIONS: VI. ITEMS OF RESIDENT INTEREST: VII. CITY MANAGER REPORT: a. Department Presentation: Information Technology – Eden Systems Software. b. (Page 172) Presentation by Growth Management Administrator Charles Wu on his trip to Nagapattinam, India, as part of the City Links Partnership Program, on post-tsunami reconstruction. VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) IX. CONSENT AGENDA: a. (Page 174) Approve Minutes from the July 20, 2005 special City Council meeting. b. (Page 179) Approve Minutes from the July 21, 2005 regular City Council meeting. c. (Staff Report on Page 185, Resolution on Page 187) Resolution 109, 2005 - Approve an Interlocal Agreement with Solid Waste Authority of Palm Beach County. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Interlocal Agreement with Solid Waste Authority of Palm Beach County to establish responsibilities related to disaster debris; and providing an effective date. d. (Staff Report on Page 202, Resolution on Page 204) Resolution 111, 2005 – Establishing a Policy providing for Disaster Recovery Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida establishing a policy authorizing the City Manager to provide for disaster recovery services and debris removal for all residents of the City of Palm Beach Gardens, including those within gated and/or private communities within the city limits; and providing an effective date. e. (Staff Report on Page 206, Resolution on Page 215) Resolution 112, 2005 – Urging passage of the “Disaster Recover Act of 2005” A Resolution of the City Council of the City of Palm Beach Gardens, Florida supporting efforts of the Florida Congressional Delegation to ensure reimbursement from the 2004 hurricanes; urging passage of the “Disaster Recovery Act of 2005” to improve disaster recovery efforts of the Federal Emergency Management Agency by expediting reimbursements, authorizing reimbursement for clearing and debris removal on all emergency access roads, and making debris removal from private land eligible for federal assistance; and providing an effective date. f. (Page 218) Proclamation – Florida Water, Wastewater, and Systems Operators Week. X. PUBLIC HEARINGS: Part I – Quasi-judicial a. (Staff Report on Page 219, Resolution on Page 222) Resolution 107, 2005 - Agreement between the City, PGA National DRI master developer, and DCA. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an essentially built-out agreement between the City of Palm Beach Gardens, PGA National Venture, LLLP, and the Florida Department of Community Affairs for the PGA National Development of Regional Impact; and providing an effective date. b. (Staff Report on Page 245, Ordinance on Page 275, Resolution on Page 278) Ordinance 28 2005 – (1st reading) Amendment to the William T. Dwyer High School Planned Unit Development. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 10, 1989 relating to the zoning of the William T. Dwyer High School Planned Unit Development (PUD), located on the West side of Military Trail. Approximately one quarter (1/4) mile South of Donald Ross Road, as more particularly described herein, to transfer the site plan approval and related conditions to Resolution 110, 2005; and providing an effective date. Resolution 110, 2005 is a companion item to Ordinance 28, 2005 and will require Council action on second reading. Resolution 110, 2005 - Amendment to the William T. Dwyer High School Planned Unit Development. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the William T. Dwyer High School Planned Unit Development (PUD), located on the West side of Military Trail. Approximately one quarter (1/4) mile South of Donald Ross Road, as more particularly described herein, to allow the construction of a 49,138-square-foot, two-story building within the existing High School campus; granting conditional use approval for the entire campus; providing for conditions of approval; and providing an effective date. Part II – Non-Quasi-judicial a. (Staff Report on Page 284, Ordinance on Page 286) Ordinance 21, 2005 – (2nd reading and adoption) Approval of a five-year renewal to an agreement with Waste Management, Inc. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida extending the Solid Waste, Recycling, and Vegetative Waste Collection Services Franchise by approving a five-year renewal to the agreement with Waste Management, Inc.; authorizing the Mayor and City Clerk to execute said agreement; and providing an effective date. XI. RESOLUTIONS: a. (Staff Report on Page 344, Resolution on Page 346) Resolution 116, 2005 - Amended Northlake Task Force Interlocal Agreement To Extend to 2010. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amended and restated Interlocal Agreement between the Village of North Palm Beach, Palm Beach County, and the City of Palm beach Gardens; and providing an effective date. XI1. ORDINANCES: (For Consideration on First Reading) XII1. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. (Page 361) Discussion of the letter sent to Councilman Valeche by the Winchester Courts Home Owner’s Association Road Committee dated August 2, 2005. The letter lists the consensus of opinion developed by the Road Committee as to the improvements they would like the City to make to Kyoto Gardens Drive. XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. Council Meeting: August 18,2005 Resolution 83,2005 Proposed Revision dl SECTION 4. Said Planned Unit Development is approved subject to the following amended conditions, which shall be the responsibility of the applicant, its successors, or assigns: *** 42. Simultaneous broadcasts of presentations, programs, or sermons refftefe location prohibited. (Planninq & Zoning, Code Enforcement) *** CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: August 3,2005 Meeting Date: August 18,2005 Ordinance 18,2005/Resolution 83,2005 Ordinance l9,2005/Resolution 84,2005 SUBJECT/AGENDA ITEM ORDINANCE 18,2005 & RESOLUTION 83,2005: CHRIST FELLOWSHIP NORTH CAMPUS PUD AMENDMENT & CONDITIONAL USE APPROVAL Workshop: A request by Mr. Doug Rhudy of Palm Beach Gardens Chst Fellowship, Inc., for approval of (1) an amendment to the Christ Fellowship North Campus Planned Unit Development (PUD) to allow for the incorporation of 20 acres of land lying immediately east of the existing North Campus into the PUD to facilitate the development of a 159,180 square-foot expansion to the North Campus; (2) a Conditional Use approval for the expanded Christ Fellowship Campus; and (3) the deletion of certain conditions of approval of the existing North Campus approval. The existing 20-acre North Campus is generally located on the north side of Northlake Boulevard approximately one (1) mile west of Military Trail at 5343 Northlake Boulevard. ORDINANCE 19, 2005 & RESOLUTION 84, 2005: CHRIST FELLOWSHIP SOUTH CAMPUS CONDITIONAL USE AND SITE PLAN AMENDMENT Workshop: A request by Mr. Doug Rhudy of Palm Beach Gardens Chst Fellowship, Inc., for amendments to the site plan and Conditional Use approval for the Christ Fellowship South Campus to allow for the deletion of certain conditions of approval. The 5.41-acre South Campus is generally located on the south side of Northlake Boulevard approximately one (1) mile west of Military Trail at 53 12 Northlake Boulevard. [XI Recommendation to APPROVE with conditions and waivers (XI Recommendation to ENY certain requests for modifications to conditions of approval P Reviewed by: City Attorney Christine Tatum Finance NIA Development Bahareh Keshavarz- Wolfs, AlCP Compliance m Charles K. Wu, AlCP Approved By: Originating Dept.: Planning Manager [XI Quasi -Judicial [ ] Legislative [ I Public Hearing Advertised: [ 3 Required [XI Not Required --Parties: [XI Notified [ ] Not Required FINANCE: NIA costs: $B Total $NIA Current FY Funding Source: [ I Operating [XI Other- Budget Acct.#: N/A Attachments: Analysis Conditional Use Ordinance 20, 1997 Ordinance 23, 1999 Ordinance 30, 1990 Resolution 13, 1991 Resolution 86, I999 Ordinance 34. 1999 CC Action: [ ] Approved [ ] App. w/ conditions [ I Denied [ ] Rec. approval [ I Rec. app. w/ conds. [ ] Rec. Denial [ I Continued to:- Attachments (cont.): Ordinance 5 I, I999 Resolution 5, 2000 Additional Standards for Churches Traffic Concurrency Approval Letters Traffic Operation Plan Drainage Letter Letter from Applicant Relating to Uses of New Buildings Justification Letter Emails from Residents Development Plans Renderings Ordinance 18,2005 Resolution 83,2005 Ordinance 19,2005 Resolution 84, 2005 Date Prepared: August 3,2005 Meeting Date: August 18,2005 Ordinance I8,2005/Resolution 83,2005 Ordinance I9,2005/Resolution 84,2005 EXECUTIVE SUMMARY The subject petition involves a request by Christ Fellowship Church (the “Church”) for the following: North Can= 1) An amendment to the Christ Fellowship North Campus Planned Unit Development (PUD) to allow the incorporation of the 20 acres of land lying immediately east of the existin North Campus into the PUD to facilitate the development of a 159,180 square-fo: expansion to the North Campus. (Stafis recommending APPROVAL of this request with conditions and waivers.) 2) &Conditional Use for the expanded Christ Fellowship North Campus Churches are allowed in residential zoning districts as Conditional Uses. Staff has compared the expansion of the existing Christ Fellowship Church against the City’s Conditional Use criteria found in Section 78-52 of the City’s LDRs and determined that it is consistent therewith (please see “Conditional Use Analysis ”). (Stafis recommending APPROVAL of this request.) 3) Thle deletion of certain conditions of approval for the North Campus The applicant is requesting the deletion of certain conditions of approval previously imposed on the North Campus relating to (1) outdoor sound amplification; (2) the number of fixed seats in the Sanctuary; (3) utilizing other buildings as overflow for sermons conducted in the Sanctuary; (4) simultaneous broadcasts of sermons conducted in the Sanctuary; and (5) the number of special events allowed per year (please see “Proposed Deletion of Certain Conditions of Approval” section of this report,for~further detail): (&!iff is recommending that three (3) CONDITIONS BE AMENDED and is recommending DENIAL of the remaining requests to delete certain conditions of approval.) 4 Amendments to the site plan and Conditional Use approval for the Christ Fellowship South Ca:mpus to allow for the deletion of certain conditions of approval. Thle applicant is requesting the deletion of certain conditions of approval previously imposed on the South Campus relating to (1) simultaneous broadcasts of sermons to this site; and (2) the operation of a shuttle bus between the North and South Campus (please see “Proposed Deletion of Certain Conditions ofApproval ” section of this report,for,further detail): (Star is recommending APPROVAL of the proposed deletion of one (1) condition and DENIAL of the proposed deletion of another condition.) 2 Date Prepared: August 3,2005 Meeting Date: August 18, 2005 Ordinance I8,2005/Resolution 83,2005 Ordinance I9,2005/Resolution 84,2005 BACKGROUND The Christ Fellowship Church Campus is comprised of two (2) sites located opposite each other along Northlake Boulevard west of Military Trail. South Campus The “South Campus” (5.41 acres; south side of Northlake Boulevard) was originally approved as a conditional use for a 300-seat sanctuary and day-care facility through the adoption of Ordinance 30, 1990. Resolution 13, 1991 provided site plan approval therefor. The adopted ordinance and resolution were subsequently amended by Resolution 13, 1991 ; Resolution 4, 1997; Ordinance 34, 1999; Resolution 86, 1999; and Resolution 5,2000 providing for, among other things, an increase in the number of seats within the sanctuary, temporary modular units, infrastructure improvements, and further restrictions on the operation of the site. Currently, the maximum number of seats allowed on the South Campus stands at 576 permanent seats (per Ordinance 34, 1999). North Campus The Christ Fellowship North Campus Planned Unit Development (PUD) (19.87 acres; north side of Northlake Boulevard) (the “North Campus”) was approved through the adoption of Ordinance 20, 1997 providing for the construction of an 85,200 square-foot religious facility comprised of a 1,750- seat sanctuary and two (2) ancillary buildings (Buildings A and B). The applicant was granted no waivers as part of the original PUD approval, as the project met all applicable code requirements in effect at the time. Subsequent amendments to this approval have included five (5) administrative amendments and an amending ordinance (Ordinance 23, 1999) allowing for minor architectural and site plan changes to the site and providing further restrictions upon the operation of the site. Although the City’s LDRs at the time of original approval required churches located within a residential zoning district to be approved as a Conditional Use, the original development order for the North Campus was approved only as a PUD with an underlying zoning of Residential Low Density-3 (RL3). The vacant land upon which the North Campus is located had a Planned Development Area (PDA) zoning designation prior to the rezoning. At the time of the original PUD approval, the LDRs required that all lands with a PDA zoning designation rezone to either PUD or a Planned Community District (PCD). ‘The PUD rezoning was considered to be a sufficient “legal equivalent” to a Conditional Use by the City staff at the time so as not to also require a separate Conditional Use approval. Also at that time, there were no additional standards in the LDRs for churches within a residential zoning district. Thus, churches could be approved as a Conditional Use within a residential zoning district regardless of the size thereof or number of seats. Upon the adoption of the current Land Development Regulations in July of 2000, churches with sanctuary seating in excess of 1,000 seats were restricted to industrial and commercial zoninp districts only. Previouslv Imposed Conditions ofApprm1 (a) The original conditions of approval Several conditions of approval were placed on the original approvals of both the South Campus and the North Campus PUD (the “Campuses”) and subsequent amendments to address neighborhood concerns that the use was too intense for the residential character of the neighborhood. The limits 3 Date Prepared: August 3.2005 Meeting Date: August 18, 2005 Ordinance I8,2005/Resolution 83, 2005 Ordinance I9,2005/Resolution 84,2005 placed upon 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 of the Campuses, as well as additional conditions placed on subsequent amendments. (b) Petition to amend original conditions of approval. On April 11, 2001, the applicant submitted a petition requesting several amendments to certain conditions of approval regarding the operational procedures and activities on the Campuses. During the City Council meetings at which this petition was discussed, it was made known that Christ Fellowship Church (the “Church”) intended to purchase the 20-acre parcel of land lying immediately east of the North Campus (the “East 20 Acres”) for expansion of the Church’s facilities. The petition was last heard at the September 4, 2002, City Council meeting, at which time the City Council requested that the petition be postponed until such time when the Church submits a complete development application including the development of the East 20 Acres. (c) Proposed additional development of East 20 Acres In January of 2003, the applicant submitted an application for the development of the East 20 Acres; however, the development plans submitted at that time depicted only building footprints, square footages, conceptual floor plans, and the layout of the surrounding parking areas and drive isles. No architectural elevations or final floor plans were provided. It was staffs professional opinion at that time that the application for the East 20 Acres must include complete site gJ elevation plans in order to conduct a complete and thorough review of the application. Consequently, in March 2003, staff brought this issue to a workshop meeting before the City Council. The Council supported staffs position that the petition to amend the conditions of approval would not move forward until such time when a complete development application for the East 20 Acres was brought before the City Council. Since that time, the applicant has submitted several revisions to the development plans, traffic impact analysis and associated documents based on staffs review comments. The application for the development of the East 20 Acres was reviewed by the Planning, Zoning and Appeals Board at a workshop and a public hearing (please see the “Planning, Zoning and Appeals Board” section of this report) independent of the petition to amend the conditions of approval, as said petition was previously reviewed by the Planning, Zoning and Appeals Board (referred to at the time as the “Planning and Zoning Commission”) at its November 13, 2001 meeting, and the Board recommended approval of the proposed amendments by a vote of 6- 1. The petition to amend certain conditions of approval on the Campuses and the petition to allow for the expansion of the North Campus are now being brought together for a comprehensive review by staff and the City Council. “SECTION 1” of this report will focus on the proposed amendments to the conditions of approval and staffs analysis and recommendation thereof. “SECTION 2” of the report will focus on the proposed expansion and Conditional Use approval of the North Campus. (The remainder of this page was intentionally left blank.) 4 Date Prepared: August 3,2005 Meeting Date: August 18,2005 Ordinance I8,2005/Resolution 83,2005 Ordinance I9,2005/Resolution 84,2005 SECTION 1 PROPOSED DELETION OF CERTAIN CONDITIONS OF APPROVAL The applicant is requesting the deletion of following conditions of approval previously imposed on the Campuses (please see attached justification 1etter.from the applicant). *:* (NORTH CAMPUS) Ordinance 20,1997, Condition 9: Sound Amplification “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 has requested that this condition be eliminated. Staff Analysis: Staffs analysis of the proposed expansion against the City’s Conditional Use Criteria (please see attached “Conditional Use Analysis ”) concludes that the expansion meets those criteria based, in part, on the fact that the use utilizes site planning techniques and business operation procedures (required by the City as conditions of approval) to mitigate impacts on surrounding properties so that the quality of life of the surrounding residents is not diminished. This condition was previously imposed by the City to further reduce the impacts of the use on the surrounding single-family residential neighborhoods. Although the applicant is required to comply with all applicable noise and decibel requirements set forth in the City’s Code of Ordinances, the elimination of this condition could conceivably bring forth a variety of outdoor events on the campus that could cause a further undue burden on the residents of the surrounding area. Staff recommends DENIAL of the applicant’s request to eliminate Condition 9 of Ordinance 20, 1997. *:* (NORTH CAMPUS) Ordinance 20,1997, Condition 12: Number of Fixed Seats “The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750.” Applicant’s Request: The applicant has 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 instead stand during services when seating is not available. The applicant wishes to be able to allow the attendees who would otherwise stand to sit, by utilizing open areas within the sanctuary for additional seating. The applicant states that the maximum occupancy in the Sanctuary should be based on the ability of the site to meet all Code requirements, including parking, traffic concurrency, fire, building and safety codes. Based only on life safety fire codes, the maximum number of moveable seats permitted beyond the 1,750 permanent seats would be 534 seats, if approved by the City Council, bringing the total amount of seats in the sanctuary to 2,284. The site’s traffic concurrency approval was based on the square footage of the proposed buildings, in accordance with the standards of the Institute of Transportation Engineers (ITE), not the number of seats within the sanctuary. The proposed site plan contains sufficient parking to allow up to 2,284 seats within the Sanctuary. 5 Date Prepared: August 3,2005 Meeting Date: August 18,2005 Ordinance I8,2005/Resolution 83,2005 Ordinance 19,2005/Resolution 84,2005 Staff Analysis: Section 78-1 59(j)(49) of the City’s LDRs (attached), entitled Additional standards (for Churches and Places of Worship), contains standards with which Churches and Places of Worship must comply. Subsection b. thereof states that such use with more than 1,000 permanent seats or approved capacity may be located as a Conditional Use in commercial and industrial zoning districts only. At the time that the existing North Campus was approved by the City, Churches and Places of Worship were permitted in all residential zoning districts as a Conditional Use regardless of the number of seats. The development order for the existing North Campus, which is not located within a commercial or industrial zoning district, restricted the number of seats within the sanctuary to 1,750 seats. Thus, the Church received a legal development approval from the City allowing for 1,750 seats within the Sanctuary prior to the LDRs being amended limiting Churches and Places of Worship within residential zoning districts to 1,000 seats. The use of the Sanctuary Building is considered by the City a legal nonconjbrming use of a structure because the number of seats exceeds that allowed for such use within a residential zoning district by the current requirements of the LDRs. Section 78-71 6 of the City’s LDRs entitled Nonconforming uses of structures orpremises, reads as follows: Section 78-716. Nonconforming uses of structures or premises. If a lawful use of a structure or of a structure and premises in combination existing at one time that is not permissible in the zoning district under the terms of this chapter, the lawful use may continue so long as it remains otherwise lawful and meets all other land development regulations, including the standards listed below. (a) Expansion. An existing structure devoted to a use not permitted by this chapter in the zoning district in which it is located shall not be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. A nonconforming structure or improvement may be expanded if the expansion is consistent with all applicable requirements of this chapter, subject to approval by the Planning, Zoning, and Appeals Board.. . . ***** It is staffs professional opinion that the removal of the seat limitation within the Sanctuary is inconsistent with the requirements of Section 78-716(a) of the City’s LDRs that nonconforming uses not be enlarged. The addition of seats that would be allowed by the removal of this condition would allow for the expansion of a nonconforming use, the Sanctuary, that is directly contrary to the Code. Staff recommends DENIAL of the applicant’s request to delete Condition 12 of Ordinance 20, 1997. *:* (NORTH CAMPUS) Ordinance 23,1999, Condition 2: Supplemental Seating “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 has requested that this language be eliminated in its entirety. 6 Date Prepared: August 3,2005 Meeting Date: August 18,2005 Ordinance 18.2005/Resolution 83,2005 Ordinance l9,2005/Resolution 84,2005 Staff Analysis: This condition was imposed by the City in order to limit the intensity of the main use of the Church. Allowing any building on site to be used as overflow or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary has the effect of increasing the capacity of the Sanctuary beyond that approved by the City Council. Based on the analysis presented by staff for the proposed deletion of Condition 12 of Ordinance 20, 1997 (Page 5-6), staff recommends that the CONDITION BE AMENDED, as shown below, to restrict any building on site from being used as overflow or supplemental seating for presentations, programs or sermons conducted in the Sanctuary. .. “No buildings on site shall iwt be used as overflow areas or for supplemental seating for presentations, programs, or sermons conducted in the Sanctuary. (Planning and w, Code Enforcement)” *:* (NORTH CAMPUS) Ordinance 23,1999, Condition 3: Simultaneous Broadcasts “Simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any remote location, on-site or off-site, shall be prohibited.” Applicant’s Request: entirety. The applicant has requested that this language be eliminated in its Staff Analysis: At its July 20, 2005, meeting at which the subject petition was reviewed on First Reading, the City Council directed staff to amend the condition of approval to prohibit simultaneous broadcasts of presentations, programs, and sermons conducted in the Sanctuary to any remote location within the City. Staff does not have an issue with simultaneous broadcasts to other locations outside of the City; however, simultaneous broadcasts of sermons conducted in the Sanctuary to any other building on the North and South Campus has the effect of increasing the capacity of the Sanctuary beyond that approved by the City Council. Based on the aforementioned direction by Council and the analysis presented by staff for the proposed modification to Condition 12 of Ordinance 20, 1997 (page 5-6), staff recommends that the CONDITION BE AMENDED to read as fOl10 ws : “Simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any other wmek location within the City, 0:: ’ , shall be prohibited.” *:* (NORTH CAMPUS) Ordinance 20, 1997, Condition 7: Special Events Limited to Six (6) Per Year “The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall not be leased, rented or in any way be made available for use as an auditorium, theater or similar gathering place for non-member events of any kind. Regularly scheduled services shall be defined as services occurring on Saturday evening, Sunday morning, and a mid-week evening.” 7 Date Prepared: August 3,2005 Meeting Date: August I X, 2005 Ordinance I8,2005/Resolution 83,2005 Ordinance 19,2005iResolution 84,2005 Applicant’s Request: The applicant has requested that this condition be eliminated in its entirety. Staff Analysis: Since this condition was imposed on the Church when the North Campus was approved, the LDRs have been amended to limit the number of special events, as defined in the LDRs, held at any one (1) location to three (3) per calendar year unless otherwise approved by the City Council. Staff is requesting that the CONDITION BE AMENDED as follows to provide consistency with Section 78-1 87 of the City’s LDRs entitled Special events: “The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including services on Christmas Day and Easter Day, and for no more than three (3) s++@j 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.” *:* (SOUTH CAMPUS) Ordinance 34, 1999, Condition 2: Simultaneous Broadcasts “Simultaneous broadcasts of presentations, programs and sermons conducted at any remote location to this site shall be prohibited.” Applicant’s Request: The applicant has requested that this condition be eliminated in its entirety. Staff Analysis: Staff does not have an issue with simultaneous broadcasts of presentations, programs, and sermons conducted in the North Campus Sanctuary to any remote location outside of the North and South Campuses. However, simultaneous broadcasts of sermons conducted in the Sanctuary to any other building on the North and South Campus has the effect of increasing the capacity of the Sanctuary beyond that approved by the City Council and allowed under the Code’s nonconforming use provisions. Based on the analysis presented by staff for the proposed modification to Condition 12 of Ordinance 20, 1997 (page 5-6), staff recommends DENIAL of the proposed deletion of this condition: *:* (SOUTH CAMPUS) Resolution 5,2000, Condition 1: Shuttle Bus Service “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 between the north and south campuses shall cease.” Applicant’s Request: The applicant has requested that this condition be eliminated in its entirety. Staff Analysis: Staff is requesting that the applicant apply to the County to install a traffic light at the easternmost access point to the North Campus in order to better control traffic flow into and out of the site and to keep conflicts with traffic along Northlake to a minimum. The easternmost access point for the North Campus has been designed to line up with the existing entrance into the South Campus. The addition of the traffic light will facilitate traffic, such as a shuttle bus, crossing from one campus to another. It is staffs opinion that the use of the shuttle 8 Date Prepared: August 3,2005 Meeting Date: August 18, 2005 Ordinance I8,2005/Resolution 83,2005 Ordinance I9,2005/Resolution 84,2005 South Church of the Nazarene; Christ Fellowship South Campus; Horseshoe Acres East PB County Senior Center/ Christ Fellowship Special Needs Center & Place of Hope bus promotes a safe mode of transport between the Campuses and, therefore, recommends APPROVAL of the applicant's request to delete Condition 1 of Resolution 5, 2000. Residential Low-3 (RL-3) w/Conditional Use Overlay; Residential Estates PBC Professional Office PBC Agricultural Residential (AR) with Special Exception (SE) Residential (LR-I) Residential Low (RL) PBC Institutional (INST) wiunderlying of High Residential 8 (HR-8); Low SECTION 2: Residential Low-3 (RL-3) w/PUD Overlay NORTH CAMPUS EXPANSION AND CONDITIONAL USE APPROVAL Residential Low (RL) The subject petition involves a request to rezone the property to incorporate the East 20 Acres into the PUD in order to allow the development of a 159,180 square-foot expansion to the North Campus, and to allow a Conditional Use approval for the entire North Campus. The East 20 Acres will retain a Residential Low Density-3 underlying zoning designation with a PUD Overlay, consistent with the existing North Campus (Note: the South Campus has a Conditional Use Overlay with a Residential Low Density-1 (RLl) underlying zoning designation and is @ a part of the approved PUD). The entire 40-acre North Campus PUD will include an underlying Conditional Use approval consistent with the requirements of the LDRs. LAND USE & ZONING The existing North Campus has a Residential Low Density-3 (RL-3) underlying zoning designation with a Planned Unit Development (PUD) Overlay and a land-use designation of Residential Low (RL). The East 20 Acres has a Planned Development Area (PDA) zoning designation and a land- use designation of Residential Low (RL). The existing land uses and zoning designations of properties surrounding the Property are provided in the following table: ZONING CLASSIFICATIONS, LAND-USE DESIGNATIONS EXISTING USE I ZONING I LAND USE Subiect ProDerty Existing North Campus; Vacant 1 Residential Low-3 (RL-3) I wiPUD Overlay; Residential Low (RL) Planned Development Area North The Hunt Club Residential PUD Residential Low-3 (RL-3) I Residential Low (RL) I w/PUD Overlav West Cypress Hollow PUD 9 Date Prepared: August 3,2005 Meeting Date: August 18. 2005 Ordinance 18, 2005/Reso~ution 83, 2005 Ordinance 19,2005/Resolution 84,2005 CONCURRENCY On July 16, 2004, the Palm Beach County Traffic Division issued a letter affirming that the proposed North Campus expansion meets the Traffic Performance Standards of Palm Beach County subject to the following condition: “Conversion of the existing westbound right-turn lane to a shared througwright lane at the intersection of Northlake Boulevard and Military Trail” (please see attached traffic concurrency approval letter .from the PBC Traffic Division). The Palm Beach County traffic concurrency approval permits a 160,000 square-foot addition to the existing 85,200 square-foot North Campus and the 2 1,000 square-foot South Campus and establishes a build-out date of December 3 1,2006, for the proposed improvements. The City’s traffic consultant, MTP Group, Inc. (the “Traffic Consultant”) also reviewed the subject petition and found it to be in compliance with the City of Palm Beach Gardens Traffic Performance Standards subject to the aforesaid condition imposed by the County. Other recommendations made by the Traffic Consultant to mitigate the impact of the traffic generated by the proposed improvements include: The Sunday service shall be moved from 11 :45 a.m. to 12:OO noon. The required time between services may be modified by the Growth Management Administrator as necessary to improve traffic operations. Traffic circulation on site shall be in accordance with the Traffic Operation Plan (attached) provided in the traffic impact analysis for the project on file with the City’s Growth Management Department. Said traffic plan may be amended by the City’s Police Chief and/or City Engineer as appropriate for traffic operations. The applicant shall, with trained personnel, monitor traffic conditions at the driveways as well as internal traffic circulation to minimize traffic impact to Northlake Boulevard. PROJECT DETAILS The subject petition involves a request to rezone the East 20 Acres to incorporate it into the North Campus PUD and to allow the development of a 159,180 square-foot expansion to the North Campus. The proposed expansion will consist of three (3) phases of construction (site plans depicting all three (3) stages of construction have been included in the Council’s packet): Phase I will include primarily site work, including paving, grading and drainage, as well as site lighting and landscaping, all of which will tie in with the existing North Campus. The required utilities for the future Phase I1 and 111 buildings will be stubbed-out into the building pad areas at approximate locations on-site. All grassed and asphalt parking areas and drive isles will be completed. A new main entry drive off of Northlake Boulevard will be constructed to align with the existing median cut for the South Campus. A westbound deceleration, tight-turn lane is also being proposed. The area upon which the future buildings will be constructed will be sodded until construction commences on Phases I1 and 111. Also included in Phase I is the enclosure of an existing covered patio on the northwest corner of the existing Building B. The architecture of the enclosed patio will match the existing building and the additional square footage has been accounted for in the project’s traffic concurrency approval. Phase I1 will consist of the construction of a two (2) story, 115,683 square-foot building that will accommodate a “youth ministry/multipurpose” room, a “commons” area, a “choir suite,” a 10 Date Prepared: August 3,2005 Meeting Date: August 18, 2005 Ordinance I8,2005/Resolution 83,2005 Ordinance I9,2005/Resolution 84. 2005 kitchen, several “ministry training” rooms, a “youth department,” and a significant amount of office space. Phase 111 will consist of a two (2) story, 41,675 square-foot building that will accommodate a gymnasium with an indoor track, as well as ancillary office and recreation areas. (Note: Please see the attached letter from the applicant containing detailed information as to the types of activities taking place within the new buildings.) Site Des inn - The proposed design of the East 20 Acres mirrors the design of the existing North Campus. The proposed buildings have been positioned directly east of existing structures (Buildings A, B and C) so as to continue the campus-like setting for the site. The existing structures will be connected to the new buildings through the use of covered walkways and an interior building connection. The pickup/dropoff area has been relocated from the east side of existing Building A to two (2) separate areas: the front (south side) of the Phase I1 building and the east side of the Phase I11 building. The existing parking layout surrounding the buildings, which includes both paved and grassed parking, has been continued on the East 20 Acres. The site contains a three-isle-wide access drive surrounding the buildings and a majority of the parking that will assist in moving vehicles into, through and out of the property. Two (2) additional loading spaces have been placed within a loading area on the south (front) side of the Phase I1 building adjacent to the kitchen. The loading area has been screened from view by a wall that matches the color and style of the adjacent buildings. The proposed buildings are set back approximately 500 feet from Northlake Boulevard, 290 feet from the east property line, and 500 feet from the north property line, all of which are consistent with the requirements of the LDRs for the proposed RL-3 underlying zoning district. The applicant is proposing an overall building lot coverage of 12.64% of the site; the LDRs limit lot coverage to 35% of the site. Traffic Circulation As part of the Traffic Consultant’s review of the project’s conformance with the City’s Traffic Performance Standards, the applicant was required to submit a traffic operation plan identifying the traffic circulation during the peak hours of the Church’s operation. The Traffic Consultant, City Engineer, Police Department and Growth Management Department have worked in conjunction to modify the submitted traffic operation plan in order to improve traffic flow into and out of the site, as well as along Northlake Boulevard. The applicant has submitted a revised traffic operation plan in accordance with the recommendations made by staff. The approving resolution requires the applicant to adhere to the traffic operation plan once it is approved by the City and provides the City’s Police Chief and/or City Engineer the authority to amend the plan in the future as appropriate for traffic operations. Staff has also requested that the applicant apply to the County to install a traffic signal at the easternmost entrance to the North Campus to improve traffic flow at peak times of the Church’s operations. During off-peak times, the signal will be a flashing yellow for traffic along Northlake and a flashing red for the traffic utilizing the campuses. A condition of approval relating to the 11 same has been included in the approving resolution. Architecture The proposed architecture is generally consistent with the existing North Campus architecture in many aspects (i.e. building colors, standing seam metal roofs, roof pitches, roof color, stucco banding, decorative columns, etc.). However, the newly proposed architecture exhibits more variety than the existing structures. The applicant has included a mix of flat and pitched roofs, several tower features, including a 56-foot tall “prayer tower” feature, an art deco-type building parapet on the north elevation, porches and covered walkways throughout, two (2) new porte- cocheres, and decorative columns. It is staffs opinion that the horizontal and vertical massing provided by the applicant helps soften the appearance of the size and mass of the proposed buildings. The maximum mean height of the structures, excluding the prayer tower, has been increased from 36 feet to 38’-10” since the PZAB Workshop. The maximum height of buildings within a Residential Low Density-3 (RL3) zoning district is 36 feet. The applicant has met with Board member Hansen, who pointed out that the colored elevation renderings did not match the hard-line (CADD) architectural drawings. In particular, Mr. Hansen noted that he preferred the roofline of the Commons/Student Ministry Building as depicted in the colored elevations over that depicted in the CADD drawing. To address this comment, the applicant has revised architectural plans to create a larger roof mass on the Commons/Student Ministry building. This modification increases the mean roof height of the building to 38’-10”. While in keeping with the scale, context and setbacks of the building, the proposed height requires an additional waiver. The applicant has requested a waiver to allow the Commons/Student Ministry Building at a height of 38’-10”. This waiver is further discussed in the “Waivers” section of this report. Landscapinn/Bufferinx - .. The proposed landscaping on the East 20 Acres will be a continuation of the landscape theme on the existing North Campus. Landscaping: Royal Palms will line the new easternmost entrance and will be scattered throughout the southernmost (front) parking area and along landscape areas adjacent to the south facade of the new buildings. Mahogany, Laurel Oak, East Palatka Holly, Live Oak, Yellow and Pink Tabebula, Crepe Myrtle, Cabbage Palm, Washington Palm, Florida Slash Pine and various Ornamental species comprise the proposed landscape palette for the East 20 Acres. Buffering: The applicant is proposing an approximately 75-foot landscape buffer with a berm along Northlake Boulevard, to include amongst other species Live Oak, Mahogany, Cypress, Florida Slash Pine, and Cabbage Palm. This buffer has been designed to be consistent with the existing North Campus buffer along Northlake Boulevard, which in staffs opinion provides substantial screening of the site from Northlake Boulevard. An eight (8) foot wide landscape buffer is being proposed along the east property line. An approximately 80 foot wide of open space is proposed along the north property line adjacent to the Hunt Club residential development, including a dry detention area and a six (6) foot high wall across the entire length of the northern boundary of the North Campus. At the request of staff, the applicant has added a significant amount of landscaping to the existing northernmost open space area on the North Campus adjacent to Hunt Club and will 12 Date Prepared: August 3,2005 Meeting Date: August 18. 2005 Ordinance 18.2005/Resolution 83,2005 Ordinance I9,2005/Resolution 84, 2005 Date Prepared: August 3,2005 Meeting Date: August 18,2005 Ordinance I8,2005/Resolution 83, 2005 Ordinance 19.2005/Resolution 84,2005 continue this landscape theme along the entire northern border Utili& Lines Alona Northlake Boulevard The location of the existing power lines along the Northlake Boulevard frontage of the North Campus is in conflict with the mature trees within the North Campus buffer. Thus, the utility companies regularly “cut back’ the trees significantly to eliminate any contact with the power lines. To avoid this in the future, staff is requesting that the applicant place the power lines underground along the entire North Campus frontage along Northlake Boulevard. Section 78-510 of the City’s LDR’s entitled Utilities, states that all new, reconstructed, or relocated utilities installed within a subdivision or any development, including but not limited to electric, telephone, and cable television, shall be placed underground. As part of the development of the North Campus, the applicant will be installing a new right-hand turn lane into the easternmost entrance to the North Campus. Staff has requested that the applicant install a right-hand turn lane onto Hunt Club Drive. The construction of these turn lanes will require the relocation of the existing utility lines along Northlake. The LDRs require these relocated utility lines to be placed underground. Staff has included a condition of approval requiring the power lines along the entire length of the North Campus to be placed underground. Drainage The applicant has provided a letter (attached) from the project engineer explaining in detail the design of the drainage system that will accommodate the proposed improvements. The City Engineer has reviewed the proposed drainage system and has no outstanding concerns relating to the same. Parking Based on the requirements of Section 78-345 of the City’s Land Development Regulations, Churches and Places of Worship require one (1) space for every three (3) seats, plus one (1) space for every 250 square feet of office use, plus required parking for additional uses. Due to the fact that both the existing and the proposed buildings contain a significant amount of space that cannot be classified into either of the above categories (areas containing a certain amount of seating or office space), staff has utilized the parking ratio for “Cultural, Entertainment, and Recreational,” which requires one (1) space for every 200 square feet. Based on the above calculations, the required number of parking spaces on the entire 40-acre site is 1,845 spaces. The applicant has provided a total of 1,884 parking spaces on site; 1,086 grassed parking spaces (discussed below) and 798 paved parking spaces. Grassed parking: The existing North Campus has a significant number of grassed parking spaces that are utilized only during peak demand. The applicant is proposing to continue the mix of paved and grassed parking for the East 20 Acres in order to reduce the amount of paved area on site. Section 78-372 of the City’s LDRs contains several criteria that must be satisfied in order to utilize grassed parking. The applicant has provided the necessary documentation to the satisfaction of staff and the City Engineer that demonstrates compliance with said criteria. The 777 grassed parking spaces on the northernmost portion of the plan are being proposed at 9.5 13 Date Prepared: August 3,2005 Meeting Date: August 18, 2005 Ordinance I8,2005/Resolution 83. 2005 Ordinance I9,2005/Resolution 84, 2005 feet wide. The City’s LDRs require that parking spaces be a minimum of 10 feet in width. The applicant has requested a waiver from said requirement that is discussed in the “Waivers” section of this report. The proposed number of grassed parking spaces relative to the number of required parking spaces is inconsistent with one (1) of the additional standards for Churches and Places of Worship found in Section 78-1 59(j) of the City’s LDRs. This section limits the number of grassed parking spaces to a maximum of 50% of the total number of required spaces on site. The applicant is required to provide a total of 1,845 parking spaces on site; the applicant is proposing 1,086 grassed parking spaces (59% of required parking). The applicant has requested a waiver from said requirement that is discussed in the “Waivers” section of this report. Signage The applicant is proposing two (2) additional monument signs to be located on both sides of the new easternmost entrance, for a total oFfour (4) signs on site. The signs will be consistent with the design and dimensions of the two (2) existing signs at the North Campus. The 40-acre site has adequate street frontage to allow for a total of four (4) monument signs. The proposed signs are in compliance with the LDRs. Lightinq The applicant has provided a photometric plan that is in compliance with the requirements of the LDRs. The light poles within the grassed areas will be protected from vehicle encroachment through the use of wheelstops. ADDITIONAL STANDARDS FOR CHURCHES AND PLACES OF WORSHIP Section 78- 159(j)(49) of the City’s LDRs (attached), entitled Additional standards (for Churches and Places of Worship), contains standards with which Churches and Places of Worship must comply. Subsection b. thereof states that such use with more than 1,000 permanent seats or approved capacity may be located as a Conditional Use in the following districts: CG-1, CG-2, PA, M1, M1A and M2. At the time that the existing North Campus was approved by the City, Churches and Places of Worship were permitted in all residential zoning districts as a Conditional Use regardless of the number of seats. The development order for the existing North Campus limits the number of seats within the sanctuary to 1,750 seats and prohibits the existing Buildings A and B from being used as overflow areas or for supplemental seating for presentations, programs, or sermons conducted in the sanctuary. Section 78- 159(j)(49) of the LDRs also list typical uses that are associated with churches and places of worship: 1. Sanctuaries, assembly halls, or similar large meeting rooms where religious services are held; 2. Community centers or fellowship halls, which may be the site of religious services, but also used for community, athletic, fraternal, social, civic, charitable, and recreational programs; 3. Offices utilized for administrative purposes related to the operation of the church or place of worship; 14 Date Prepared: August 3,2005 Meeting Date: August 18,2005 Ordinance 18,2005iResolution 83,2005 Ordinance 19,2005iResolution 84,2005 4. Religious be sold in merchandise or merchandise related to the operation of the house of worship may an accessory retail facility; 5. Playgrounds and athletic fields; and 6. Rectory or similar residence for religious officials, limited to one (1) per place of worship. The current requirements of the LDRs do not limit the size of the ancillary uses within a church, but only limit the number of seats in the sanctuary. OTHER RELIGIOUS INSTITUTIONS WITHIN THE CITY The following table identifies the religious institutions within the City and their corresponding square footage, number of seats within each sanctuary, and approval status as conditional uses. *Note: Trinity Methodist Church Master Plan was approved by the City on February 6, 1992, through the adoption of Ordinance 2, 1992. The approval provided for a new sanctuary building containing 2,400 seats, which has not yet been constructed. The existing sanctuary building contains 497 seats and the existing square footage is estimated at approximately 100,000 square feet. CONDITIONAL USE ANALYSIS Section 78- 1 59 of the City’s Land Development Regulations, entitled Permitted uses, conditional, and prohibited uses, requires that Churches and Places of Worship be approved as a Conditional Use within the Residential Low Density-3 (RL3) zoning district. Staff has compared the expansion of the existing Christ Fellowship Church against the City’s Conditional Use criteria found in Section 78-52 of the City’s LDRs. The conditional use analysis demonstrates that (1) the requested expansion of the ancillary uses, in staffs opinion, is incidental and subordinate to the principal sanctuary use and is thereby consistent with provisions of the 15 Date Prepared: August 3,2005 Meeting Date: August 18,2005 Ordinance I8,2005/Resolution 83, 2005 Ordinance 19,2005/ResoIution 84,2005 Code Section LDRs; and (2) the development plans and the conditions placed upon the operation of the Church by staff both have been designed and structured such that the proposed expansion of the use complies with the City’s Conditional Use Criteria established in Section 78-52 of the LDRs. Required Provided Recommendation WAIVERS Section 78-315(b) Of the City’s LDR’s’ entitled Landscape Islands The applicant is requesting approval of the following five (5) waivers: One (1) landscape island every nine (9) More than nine (9) parking spaces w/out parking spaces a landscape island SUMMARY OF REQUESTED WAIVERS Approval (1 ) entitled Number of spaces required 48 Approval (2) Section 78-141 of the ,-.’&-.’- Commons/Student nn- height of roof I Section 78-344 (1)(1), entitled Minimum 777 spaces at 9.5’ 10’ wide Approval (5) dimensions (of off-street parking) wide I 1. Waiver from Section 78-3 15(b) of the City’s LDRs entitled Landscape Islands, to allow for more than nine (9) parking spac,es in a row without the inclusion of a landscape island. Said section requires at least one (1) landscape diamond for every nine parking spaces. Applicant’s Justification: In lieu of providing a landscape island every nine (9) spaces, the applicant has provided a five (5) foot-wide strip of landscaping adjacent to (in front of) all paved parking spaces, with the exception of those adjacent to the sidewalks surrounding the buildings where the applicant has satisfied the requirement for a landscape diamond every nine (9) spaces (please see attached landscape plan). This design is consistent with the existing North Campus and provides a significant amount of landscaped area within the paved parking areas. Further, the applicant has met the requirement of having a shade tree within 40 feet of every parking space. Staff Analysis: Staff does not have an objection to the waiver request as the applicant has provided a five (5) foot-wide strip of landscaping adjacent to (in front of) all paved parking spaces, has satisfied the requirement of providing a shade tree within 40 feet of every parking space, and at the request of staff has provided 35% open space on site. Staff recommends APPROVAL of the requested waiver. 2. Waiver from Section 78-414 of the City’s LDRs, entitled Number of spaces required, to allow for a total of 48 bicycle parking spaces on site. The City’s LDRs require 93 bicycle 16 Date Prepared: August 3,2005 Meeting Date: August 18,2005 Ordinance I8,2005/Resolution 83,2005 Ordinance 19,2005/Resolution 84,2005 parking spaces on site. Applicant’s Justification: Based on the amount of bicycle traffic currently coming to the site, the applicant feels that the provision of 48 bicycle parking spaces scattered throughout the site is sufficient. Staff Analysis: Staff is in agreement with the applicant’s justification and, therefore, recommends APPROVAL of the waiver request. 3. Waiver from Section 78-141 of the City’s LDRs, entitled Residential zoning district regulations, to allow for a maximum mean roof height of 38’-10” on the Commons/Student Ministry Building. Said section limits the height of buildings within the RL-3 zoning district to 36 feet. Applicant’s Justification: The applicant has stated that during a meeting with Mr. Hansen, it was pointed out that the colored elevation renderings did not match the hard-line (CADD) architectural drawings. In particular, Mr. Hansen noted that he preferred the roofline of the Student Ministry building as depicted in the colored elevations over that depicted in the CADD drawing. To address this comment, the architectural plans have been revised to create a larger roof mass on the Commons/Student Ministry building. This modification increases the maximum mean roof height of the building to 38’-10”. The applicant has indicated that the proposed height is in keeping with the scale, context and setbacks of the building. Staff Analysis: It is staffs opinion that the horizontal and vertical massing provided by the applicant helps soften the appearance of the size and mass of the proposed buildings. The 2’-10” waiver request is minimal in nature and will not create greater negative impact on the adjacent residents that would a building that met the 36-foot maximum mean roof height requirement. Further, the maximum height to the Q of roof of the existing Sanctuary Building is 43 feet. The maximum height to the to^ of the roof of the proposed building is approximately 44 feet. Staff recommends APPROVAL of the waiver request. 4. Waiver from Section 78-1 59(’j)(49) of the City’s LDRs, entitled Additional standards (for Churches and Places of Worship), to allow for more than 50% of the required parking to be grassed. The applicant is proposing 1,086 grassed parking spaces which amounts to 59% of the required parking on site. Said section limits the number of grassed parking spaces to 50% of the required parking spaces. Applicant’s Justification: The applicant has stated that the proposed grass parking areas will only be used during peak hours of the Church’s operation, approximately 1 1 hours per week. Due to the infrequent use of these parking areas, the applicant preferred to provide stabilized grass parking on site so as to limit the amount of paved area. Staff Analysis: Staff agrees with the applicant’s justification and has included conditions of approval that ensure the proper maintenance of the grassed parking areas. Staff recommends APPROVAL of the waiver request. 5. Waiver from City Code Section 78-344 (1)( l), entitled Minimum dimensions (of off-street 17 Date Prepared: August 3,2005 Meeting Date: August IS, 2005 Ordinance I8,2005/Resolution 83,2005 Ordinance 19,2005/Resolution 84,2005 parking), to allow for 777 9.5-foot-wide grassed parking spaces on the northernmost portion of the plan. City Code requires 10-foot-wide parking spaces. Applicant’s Justification: The applicant’s traffic circulation plan that has been reviewed and approved by the City shows three (3) drive lanes along the “loop road” surrounding the property. Currently there exists only two (2) lanes - the applicant has added the additional lane to improve traffic flow within the site and keep the disruption to the traffic along Northlake at a minimum. The applicant had previously proposed to place the additional lane of traffic on the outside of the existing lanes closer to the Hunt Club development. At the request of staff, the applicant amended the plan to place the additional lane on the inside of the existing lanes. At the suggestion of the Planning, Zoning and Appeals Board and in order not to reduce the number of grassed parking spaces on the north portion of the plan, the applicant has reduced the width of the parking spaces in this area from 10 feet, as previously proposed, to 9.5 feet in order to accommodate the additional lane. Staff Analvsis: Staff agrees with the applicant’s justification and recommends APPROVAL of the waiver request with the intent of maintaining the existing open space width between the loop road and Hunt Club. PUBLIC NOTICE Public notices were mailed by the applicant to all properties and property owners within 500 feet of the 40-acre site and the South Campus, as well as to every property and property owner in the following residential developments: Cypress Hollow, Hunt Club, Steeplechase, and Horseshoe Acres. PLANNING, ZONING AND APPEALS BOARD WORKSHOP OF OCTOBER 26,2004 At its November 13, 2001 meeting, the petition to amend the conditions of approval for the Campuses was reviewed by the Planning, Zoning and Appeals Board (referred to at the time as the “Planning and Zoning Commission”), and the Board followed the recommendation of the staff of the City at that time and recommended approval of the proposed amendments by a vote of 6-1. It is important to note that staffs recommendation on the proposed modifications to the conditions of approval has changed since the 2001 PZAB meeting. On May 24, 2005, the City’s Planning, Zoning and Appeals Board (PZAB) held a public hearing to review the proposed expansion and Conditional Use approval for the Christ Fellowship North Campus PUD (as noted in the “Background section” of this report, the proposed expansion and Conditional Use approval were reviewed by the Board independently of the petition to amend the conditions of approval as this petition had already been heard by the Board in 2001). The Board voted 7-0 to recommend approval of‘ the subject petition to the City Council along with the requested waivers. The Board’s motion included the following recommendations based on staffs outstanding issues at the time: *:* Staff had requested that the applicant provide 35% open space on site, consistent with the original approval. The Board recommended that the open space provided by the applicant at that time, 32.6 %, was sufficient. The applicant has since revised the plans to provide 35.2 % open space on site at the request of staff. 18 Date Prepared: August 3,2005 Meeting Date: August 18, 2005 Ordinance I8,2005/Resolution 83, 2005 Ordinance I9,2005/Resolution 84.2005 *:* Staff had requested that the applicant place the existing utilities along Northlake Boulevard underground along the entire length of the North Campus property (please see the “Utility Lines Along Northlake Boulevard” section of this report). The Board stated that this request was an undue burden on the applicant and recommended that this condition imposed by staff be removed. Staff maintains that the utilities are required to be buried if relocated and should be buried along the entire frontage of Northlake Boulevard in order to eliminate conflicts with the North Campus landscape buffer. Staff has included a condition of approval requiring the same. *:* The Board followed staffs recommendation that applicant place the additional lane of traffic along the loop road inside of the existing lanes on the northern portion of the property so as not to further impact the residents of Hunt Club. The Board recommended that the applicant reduce the grass parking spaces on the northernmost portion of the plan to 9.5 feet in width to accommodate the additional lane of traffic and recommended approval of a waiver to allow for the reduced parking stall width. The applicant has modified the site plan to comply with this request. *:* Staff had requested that no access be provided to the vacant property owned by the Church to the northeast of the North Campus that lies within unincorporated Palm Beach County. Staff had an issue with this access point, as the City has no control over the activities taking place on said property. The City thus would not have any control over the development of this property such as an increase of the size of the campus beyond that currently proposed. Also, this property could be utilized for overflow parking without the City’s control, perhaps causing undue hardship to the residents of Hunt Club. The Board recommended that the access point be permitted, but that a condition of approval be included in the approving resolution that required the access point to be a closed and locked gate, only to be used for maintenance purposes and that the vacant property not be used for overflow parking. At the request of staff, the applicant has since revised the plans to remove said access point, continue the landscape buffer across the previously proposed access drive, and depict it only as a “future access drive.” *:* The Board recommended a condition of approval that required any future outdoor recreational facilities proposed on the North Campus be processed as a Major Amendment to the PUD, which requires review and approval by the Board and the City Council. Staff has included a condition of approval requiring the same. CITY COUNCIL ACTION At its Special Meeting on July 20, 2005, the City Council held a public hearing to review the subject petition. The City Council voted (4-1) to approve Ordinance 18, 2005 and Ordinance 19, 2005 on First Reading (Resolution 83, 2005 and Resolution 84, 2005 were companion items to aforementioned ordinances and did not require action on First Reading.). The Council scheduled a workshop hearing to continue the review and discussion of the subject petition at its August 18, 2005, meeting and advised the applicant to work with the adjacent neighborhoods to address any outstanding issues/concerns they may have with the proposal prior to the workshop hearing. The Council also suggested that Condition #3 of Ordinance 23, 1999 be amended to prohibit 19 Date Prepared: August 3.2005 Meeting Date: August 18, 2005 Ordinance 18,2005/Resolution 83,2005 Ordinance I9,2005/Resolution 84.2005 simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any other location within the City. Resolution 83, 2005, which, if approved, will contain all of the conditions of approval for the North Campus, has been amended in accordance with the direction by Council. STAFF ANALYSIS With regard to the proposed amendments to the conditions of approval, staff does not support any modification that would allow an increase in the capacity of the Sanctuary, as in staffs opinion such an increase is not consistent with the requirements of the LDRs (please see “Proposed Deletion of Certain Conditions ofApprova1” section of this vepovt). Should the City Council approve the attached resolutions as proposed by staff, the applicant would be prohibited from (1) increasing the number of seats within the Sanctuary; (2) utilizing any building on the North or South Campus for overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary; and (3) transmitting any simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any remote location on the North or South Campus. It is staffs professional opinion that these safeguards maintain the spirit and intent of the Sanctuary’s capacity at 1,750 seats. Churches and Places of Worship are permitted as a Conditional Use within residential zoning districts. A portion of the subject petition involves the expansion of the Church’s ancillary uses on the North Campus, the size of which are not specifically regulated by the LDRs. Ancillary uses are allowed to the extent that they continue to be incidental and subordinate to the principal use. The proposed expansion meets the requirements of the LDRs with the exception of those requirements from which the applicant has requested a waiver (see “Waivers” section of the staff report), all of which staff is recommending approval. Staff has proposed conditions to attempt to ensure that the proposed site plan is designed to mitigate impacts on surrounding properties so that the quality of life of the surrounding neighborhoods is not diminished. STAFF RECOMMENDATION Although no action will be taken by the Council at this workshop hearing, staffs recommendation on the subject petition is as follows: Staff recommends APPROVAL of Ordinance 18, 2005 and Resolution 83, 2005 allowing for (1) the incorporation of 20 acres of land lying immediately east of the existing North Campus into the PUD to facilitate the development of a 159,180 square-foot expansion to the North Campus; (2) the approval of a Conditional Use for the expanded Christ Fellowship Campus; (3) modifications to the following previously imposed conditions of approval, as reflected below: *:* Ordinance 23, 1999, Condition 3: Simultaneous Broadcasts “Simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any other location within the City- . , shall be prohibited.” 20 Date Prepared: August 3,2005 Meeting Date: August 18,2005 Ordinance I8,2005/Resolution 83,2005 Ordinance I9,2005/ResoIution 84,2005 *:* Ordinance 20, 1997, Condition 7: Special Events Limited to Six (6) Per Year “The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including services on Christmas Day and Easter Day, and for no more than three (3) s-) 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.” *:* Ordinance 23, 1999, Condition 2: Supplemental Seating “No buildings on site l3wkhgs &aid43 shall & be used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary.” Staff is recommending DENIAL of the proposed deletion of the following conditions of approval: *:* Ordinance 20, 1997, Condition 9: Sound Amplification “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.” *:* Ordinance 20,1997, Condition 12: Number of Fixed Seats “The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750.” It is important to note that Resolution 83, 2005 has been prepared to reflect staffs recommendation relative to the requested waivers and the proposed deletion of certain conditions of approval for the North Campus (please see the “Proposed Deletion of Certain Conditions of Approval ” section of this report, for, further detail regarding stafs recommendations). Staff recommends APPROVAL of Ordinance 19, 2005 and Resolution 84, 2005 allowing for amendments to the site plan and Conditional Use approval for the Christ Fellowship South Campus to allow for the deletion of the following previously imposed conditions of approval: Resolution 5, 2000, Condition 1: Shuttle Bus Service ths m-wme-d foV th- on t Y IVI At “I I Staff recommends DENIAL of the proposed deletion of the following condition of approval: *:* Ordinance 34, 1999, Condition 2: Simultaneous Broadcasts “Simultaneous broadcasts of presentations, programs and sermons conducted at any remote location to this site shall be prohibited. ” It is important to note that Resolution 84, 2005 has been prepared to reflect staffs recommendation relative to the requested waivers and the proposed modifications to the conditions of approval for the South Campus (please see the “Proposed Deletion of Certain Conditions of Approval ” section of this report.for.further detail regarding stafs recommendations). 21 CONDITIONAL USE ANALYSIS City of Palm Beach Gardens LDR Section 78-52 (1) Comprehensive plan. The proposed use is consistent with comprehensive plan. Staff AnaJysis: Staff has reviewed the proposed expansion of use and recommends that the PZAB consider the following Goal of the Comprehensive Plan: GOAL 1.1.: CONTINUE TO ENSURE: A HIGH QUALITY LIVING ENVIRONMENT THROUGH A MIXTURE OF LAND USES THAT WILL MAXIMIZE PALM BEACH GARDENS‘ NATURAL AND MANMADE RESOURCES WHILE MINIMIZING ANY THREAT TO THE HEALTH, SAFETY, AND WELFARE OF THE CITY’S CITIZENS THAT IS CAUSED BY INCOMPATIBLE LAND USES AND ENVIRONMENTAL DEGRADATION. (2) Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. Staff Analvsis: Section 78- 159(j)(49) of the City’s LDRs (attached), entitled Additional standards (for Churches and Places of Worship), contains standards with which Churches and Places of Worship must comply. Subsection b. thereof states that such use with more than 1,000 permanent seats or approved capacity may be located as a conditional use in the following districts: CG-1, CG- 2, PA, M1, MIA and M2. At the time that the existing North Campus was approved by the City, Churches and Places of Worship were permitted in all residential zoning districts as a conditional use regardless of the number of seats. The development order for the existing North Campus limits the number of seats within the Sanctuary to 1,750 seats and prohibits the existing Buildings A and B from being used as overflow areas or for supplemental seating for presentations, programs, or sermons conducted in the Sanctuary. The applicant is requesting to amend the PUD to increase the number of seats within the Sanctuary. Staff is not in support of this request or any request that increases the capacity of the Sanctuary, as the request is inconsistent with the aforesaid additional standards for Churches and Places of Worship within a residential zoning district by exceeding the number of seats permitted in the district. Staff interprets the principal use to be the Sanctuary and the requested expansion to continue to be incidental and subordinate to the sanctuary use. The proposed expansion meets the requirements of the LDRs with the exception of those requirements from which the applicant has requested a waiver (see “Waivers” section of the staff report), all of which staff is recommending approval. (3) Standards. The proposed use is consistent with the standards for such use as provided in Section 78-159. StuffAnalvsis: See previous Staff Analysis. (4) Public welfare. The proposed use provides for the public health, safety, and welfare by: a. b. Providing for a safe and effective means of pedestrian access; Providing for a safe and effective means of vehicular ingress and egress; c. d. Providing for an adequate roadway system adjacent to and front of the site; Providing for safe and efficient onsite traffic circulation, parking, and overall control; and Providing adequate access for public safety purposes, including fire and police protection. e. Stuff Analvsis: The applicant has provided a pedestrian access-way from Northlake Boulevard to the main entrance of the CommonsNouth Ministry Building. The applicant is providing a turn lane into each entrance of the site to provide an effective means of vehicular ingress and egress. Staff has included a condition of approval that requires the applicant to install a turn lane onto Hunt Club Drive from Northlake Boulevard to further enhance the roadway system in front of the site. The City’s traffic consultant has reviewed the proposed traffic circulation plan; the applicant is required as a condition of approval to comply with said plan. Concerns have been raised that the proposed expansion will further impact the traffic along Northlake Boulevard during the peak times of the Church’s operations. The management of traffic for this use is a critical component of ensuring safe and efficient traffic circulation and safe and efficient access, as traffic before and after activities at the site will create temporary congestion. The applicant is required as a condition of approval to utilize police or equally trained officials at all ingress and egress points along Northlake Boulevard for the management of traffic flow and direction before and after all events, including regularly scheduled events, and is required to monitor traffic conditions at the driveways as well as internal traffic circulation to minimize traffic impact to Northlake Boulevard. The Police Department reports indicate that off-duty officers are utilized four days per week for the regular services of the Church. Although there have been citizen complaints related to the traffic situation in the past, the City’s records indicate that these concerns have been addressed by the Church in a timely fashion, and have resulted in no code enforcement proceedings. The submitted plans have been reviewed by the City’s Fire Department to ensure proper access is provided. (5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impact as: a. Noise; b. Glare; C. Odor; d. e. f. Signs; Ground-, wall-, or roof-mounted mechanical equipment; Perimeter, interior, and security lighting; 2 g. Waste disposal and recycling; h. 1. Visual impact; and j. Hours of operation. Outdoor storage of merchandise and vehicles; Staff Analvsis: Staff has required a photometric study to ensure the impacts of glare are addressed. Noise impacts are addressed by conditions of approval requiring the applicant to (1) comply with the applicable noise and decibel requirements set forth in the City’s Code of Ordinances; (2) explore opportunities to utilize sound absorbing/dampening building materials in the new buildings and provide, in writing, details of the materialdmethods to be utilized to reduce the impact relative to sound on adjacent properties. The proposed site plan is designed such that impacts on surrounding properties are sought to be mitigated so that the quality of life of the adjacent communities is not diminished. Nevertheless, the visual impacts and other impacts on the community will be affected by the size of the site and the increased activities at the site. Conditions of approval to ensure the impacts have been mitigated have been proposed to be a part of any approval and are discussed in the staff report. (6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. Stuff AnaZvsis: The proposed expansion of the use minimizes any impact on adjacent properties relative to the installation of utilities as part of the expansion. In fact, the proposed expansion has been designed to gather and collect some stormwater drainage from the Hunt Club residential development to the north. (7) Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the chapter. Stuff Analysis: The proposed expansion is consistent with all dimensional requirements required by the chapter with the exception of those requirements from which the applicant has requested a waiver (see “Waivers” section of the staff report). (8) Neighborhood plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. Staff AnaJvsis: There are no existing neighborhood plans with which that the proposed expansion is inconsistent (9) Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character of area development. Stuff Analysis: The existing North Campus received development approval fiom the City in 1997, at which time the use was determined compatible with the adjacent residential neighborhoods and several conditions of approval were placed on the original development approval and subsequent amendments to the North Campus, which were generated by neighborhood concern that the use was too intense for the residential character of the neighborhood. These conditions will remain in full force and effect should the subject petition be approved. 3 The proposed expansion involves the expansion of the Church’s ancillary uses, the size of which is not specifically regulated by the City’s LDRs as explained above. There is concern that the expansion is not in keeping with the residential character of the surrounding residential neighborhoods and that the proposed use is more commercial than residential in nature. The subject site has a Residential Low Density-3 (RL3) underlying zoning designation. Section 78-137 of the City’s LDRs entitled Composition and intent (of the Residential Low Density-3 underlying zoning district) states that “the district regulations are designed to protect the residential character of the districts by prohibiting commercial activities, to encourage a suitable neighborhood environment for family life by including among the uses such facilities such as schools and churches, and to preserve the openness of the district by requiring certain minimum yard and area standards” [Emphasis supplied]. The LDRs acknowledge that churches and schools are compatible with residential uses; however, concern has been expressed that there is a point at which the size of a church and the ancillary uses reach a magnitude such that it is not compatible with the surrounding residential neighborhoods. The City’s Fire Department estimates, based on the documents provided, that the capacity of the new buildings is approximately 3,753 persons (this is a rough estimate and does take into account restrooms, small purpose rooms, or the existing buildings on site). Combined with the existing capacity on site, there is the potential for a total on-site capacity to reach approximately 7,000 persons at a particular time. Staff has proposed conditions to any approval of the proposed site plan to help ensure that impacts on surrounding properties are mitigated and the quality of life of the adjacent communities is not diminished. Conditions of approval ensuring the compatibility of the proposed use with the adjacent neighborhoods are discussed in the staff report. (10) Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. Stqff Analysis: The applicant has provided a phasing plan that will result a logical development pattern. The applicant’s traffic concurrency approval contains a build-out date of December 3 1, 2006. This will ensure a timely development pattern. (11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the City. Stuff Ana4ysis: Staff has reviewed the proposed expansion of use and found it to be in harmony with the intent of the City’s LDRs and the Goals, Objectives, and Policies of the Comprehensive Plan. (12) Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. Stqff AnaZvsis: Staff has required a photometric study to ensure the impacts of glare are addressed. Noise impacts are addressed by conditions of approval requiring the applicant to (1) comply with the applicable noise and decibel requirements set forth in the City’s Code of Ordinances; and (2) explore opportunities to utilize sound absorbingdampening building materials in the new buildings and provide, in writing, details of the materials/methods to be utilized to reduce the impact relative to sound on adjacent properties. The proposed site plan is designed such that impacts on surrounding properties are sought to be mitigated so that the quality of life of the adjacent communities is not diminished. Nevertheless, the visual impacts and other impacts on the 4 i community will be affected by the size of the site and the increased activities at the site. Conditions of approval to ensure the impacts have been mitigated have been proposed to be a part of any approval and are discussed in the staff report. (13) Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impacts on environmental and natural resources including air, water, storm water management, wildlife, vegetation, and wetlands. Staff Analvsis: Staff has reviewed the proposed development plan and determined that any adverse impacts on environmental and natural resources have been minimized. STAFF RECOMMENDATION Based on staffs analyses above (1) the requested expansion of the ancillary uses, in staffs opinion, is incidental and subordinate to the principal sanctuary use and is thereby consistent with provisions of the LDRs; and (2) the development plans and the conditions placed upon the operation of the Church by staff both have been designed and structured such that the proposed expansion of the use COMPLIES with the City’s Conditional Use Criteria established in Section 78-52 of the LDRs. 5 A T ORDINA ORDINANCE 20,1997 iCE OF THE CITY COUNCIL OF THE CITl 5/1/97 9/5/97 10/16/97 11/6/97 11120197 OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE PETITION OF PALM BEACH GARDENS CHRIST FELLOWSHIP CHURCH FOR REZONING OF TWENTY (20) ACRES OF LAND LOCATED ON THE NORTHEAST CORNER OF NORTHLAKE BOULEVARD AND GIBSON ROAD TO A PLANNED UNIT DEVELOPMENT, IN ORDER TO CONSTRUCT A CHURCH SANCTUARY AND RELATED FACILITIES; PROVIDING FOR CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received a petition fiom Palm Beach Gardens Christ Fellowship Church for rezoning of 20 acres of land located on the northeast corner of Northlake Boulevard and Gibson Road to a Planned Unit Development; WHEREAS, the Planning and Zoning Department has reviewed said petition and determined that it is sufficient; and WHEREAS, the petition is consistent with the City's Comprehensive Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the petition of Palm Beach Gardens Christ Fellowship Church for rezoning of 20 acres of land located on the northeast corner of Northlake BouIevard and Gibson Road to a Planned Unit Development, in order to construct a church sanctuary and related facilities. SECTION 2, Said Planned Unit Development is approved subject to the following conditions: 1. Prior to the issuance of the first Building Permit, a boundary plat shall have been prepared, approved by City Council, and recorded in the public records of Palm Beach County. Ordinance 20,1997 Page 2 2. 3. 4. 5. 6. 7. 8. 9. 10. Prior to the issuance of the first Building Permit, all necessary permits shall have been obtained from South Florida Water Management District, Health and Rehabilitative Services, and Palm Beach County. Prior to the issuance of the first building permit, the property owner or successor must obtain a driveway connection permit from Palm Beach County for the Northlake Boulevard entrance. If at any time the City determines that maintenance of the grass parking area is in disrepair or poor appearance, the City may require the owner or successor to correct the deficiency within thirty (30) days of receipt of written notice. Upon failure by the owner or successor to comply in the time provided, the City may require the parking area to be totally or partially paved within one-hundred-fifty (1 50) days of receipt by owner or successor of written notice. All such paving shall be conducted according to City standards at the time of paving. All costs shall be the responsibility of the owner or successor. The landscaping and irrigation of Northlake Boulevard and Gibson Road as provided for in the plans shall be completed prior to the issuance of the first Certificate of Occupancy. The owner or successor shall be responsible for the perpetual maintenance of said landscaping. The northern open space shall be used for recreational open space. No drive-aisles shall be extended to the northern green area or off-site to the east without approval by City Council. The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall not be leased, rented or in any way made available for use as an auditorium, theater or similar gathering place for nonmember events of any kind. Regularly scheduled services shall be defined as services occurring on Saturday evening, Sunday morning, and a mid-week evening. All applicable municipal and county impact fees shall be payable contemporaneous with issuance of the first Building Permit. The owner or successor shall not utilize a loudspeaker, sound amplifier, radio, phonograph, or similar sound amplifling device to emit any form of sound outside the church sanctuary and related facilities. The owner or successor shall utilize police or equally trained officials at all ingress and egress points along Northlake Boulevard for the management of Ordinance 20,1997 Page 3 traffic flow and direction before and after all events, including regularly scheduled events. The petitioner shall maintain a minimum of three (3) police or equally trained officials at all times for the direction and contol of traffic entering and exiting the site. As a guideline, traffic on Northlake Boulevard shall not be stopped for more than 90 seconds during the traffic control period. 1 1. The four trdfic lanes located at the western portion of the site which provide access to/from Northlake Boulevard shall be utilized as follows: a) Following all services and events, traffic cones or other similar traflic devices shall be utilized so as to limit ingress to the site to one (1) lane; egress shall be provided via two (2) left-turn lanes and one (1) right-turn lane. b) During all other times, two (2) lanes shall be used as inbound lanes and two (2) lanes shall be used as outbound lanes. 12. The number of fixed andor moveable seats within the sanctuary shall at no time exceed 1,750. 13. Prior to the issuance of the fmt building permit, the petitioner shall submit a revised lighting photometric plan, indicating a maximum 20-foot high light poles, for the City’s approval. 14. Prior to the issuance of the Certificate of Occupancy, the petitioner shall erect a 6- foot wall along the site’s northern property line. 15. Prior to the issuance of the Certificate of Occupancy, the petitioner shall install a 3-fOOt grass berm adjacent to the northern limit of the paved parking aisle on the site. No parking shall occur in the area north of the parking lot and berm. SECTION 3. Construction of the Palm Beach Gardens Christ Fellowship Church Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management Department: 1.) 2.) 3.) 4.) 5.) 6.) November 12, 1997 Site Plan, Glen Pate & Associates, Sheet SP-1.0 October 1, 1997 Architectural Elevations, Glen Pate & Associates, Sheets A-1.0 through A- 3 .O October 28, 1997 Conceptual Floor Plan and Section, Glen Pane & Associates, 2 sheets November 14, 1997 Landscape Plan, George G. Gentile & Associates, Sheet L-1 January 24,1997 Landscape Elevations, George G. Gentile & Associates, Sheet L-2 February 21, 1997 Landscape Elevations, George G. Gentile & Associates, Sheets L-3 through L-5. Ordinance 20,1997 Page 4 7.) 8.) November 3,1997 Irrigation Plan, George G. Gentile & Associates, Sheet 1-1. September 30,1997 Conceptual Drainage Plan, Kidey-Horn and Associates, Sheet C-1.0 SECTION 4. This Ordinance shall be effective upon adoption. ,1997. ,,;' - - C!0UNC~L-~~ LINDA MONROE -L ,- - COUNCILMAN DAVID CLARK ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER CMC, CITY CLERK SUFFICIENCY. VOTE: AYE NAY ABSENT d r/ MAYOR RUSSO --- VICE MAYOR FURTADO --- COUNCILWOMAN MONROE - r/ COUNCILMAN JABLIN -- /- COUNCILMAN CLARK J-- G:\SHORTR- 1 WUD9604. OR CITY OF PALM BEACH GARDENS io500 N. MILITARY TRAIL PALM EACH GARDENS, FLORIDA 33410-4698 November 24,1997 Pastor Thomas D. Mullins Christ FelIowship Church 53 12 Northlake Boulevard Palm Beach Gardens, Florida 33410 Dear Pastor Mullins: Enclosed is a copy of Ordinance 20, 1997, providing for approval of the petition of Palm Beach Gardens Christ Fellowship Church for rezoning of twenty acres of land located on the northeast corner of Northlake Boulevard and Gibson Road to a PUD, in order to construct a church sanctuary and related facilities. Ordinance 20, 1997 was adopted and approved by the City Council at the Regular Meeting on November 20,1997. Sincerely, u Cindy Harvey Deputy City Clerk Enclosure: As Stated October 27,1997 Amendment to Ordinance 20,1997 The text of proposed Ordinance 20,1997, as approved on first reading, shall be amended as follows: A. Amend Section 2, condition #2 by spelling out the abbreviations, so that it shall read: 2. Prior to the issuance of the first Building Permit, all necessary permits shall have been obtained from EF’?.?vE, E??, South Florida Water Management District. Health and Rehabilitative Services. and Palm Beach County. B. Amend Section 2, condition #3, by inserting at the beginning of the sentence “prior to the issuance of the first Building Permit”, so that it shall read: Prior to the issuance of the first building permit, the property owner or successor must obtain a driveway connection permit from Palm Beach County for the Northlake Boulevard entrance. C. Amend Section 2, condition #4, by deleting the proposed condition: D. Amend Section 2, condition #5, by renumbering the condition to #4; inserting after the first word (if) the words ‘at any time’; deleting the word “finds” on the first line and inserting the word ‘determines’; deleting on the second and third lines the words “shall notify the property owner or successor, in writing that,” and inserting the words “may require the owner or successor to correct the defi~iency’~; deleting on the fourth line the words “said notice the deficiencies shall be rectified” and inserting the words “receipt of written notice”; deleting on the fifth through seventh lines the sentence “Should the deficiencies not be corrected within said thirty (30) days, the City may require the parking area to be totally or partially paved to City standards within one hundred fifty (1 50) days upon written notification.” and inserting two new sentences which read “Upon failure by the owner or successor to comply in the time provided, the City may require the parking area to be totally or partially paved within one hundred fifty (1 50) days of receipt by owner or successor of written notice. All such paving shall be conducted according to City standards at the time of paving.”: so that it shall read: owner or successor to complv in the time provided. the Citv mav require the parking area to be totallv or partiallv paved within one-hundred-fifty (1 50) days of receipt by owner or successor of written notice. All such paving shalI be conducted according to City standards at the time of paving. All costs shall be the remonsibilitv of the owner or successor. E. Amend the Section 2, condition #6, by renumbering the condition to #5; deleting all verbiage and replacing it with new language so that it shall read: F. Amend Section 2, condition #7, by renumbering the condition to #6; inserting the words “the northern open space shall be used for recreational open space” as a new first sentence; deleting the word ‘non-sodded’ after the word ‘no’ and before the word ‘drive-isles’; deleting the word ‘open’ and after the word ‘northern’ and before the word ‘green, so that it shall read: 6% The northern open space shall be used for recreational open space. No ;;cz-&kG drive- isles shall be extended to the northern open green area or off-site to the east without City Council approval. G. Amend Section 2, by adding a new condition #7, which reads as follows: 7. The church sanctuary and related facilities and surrounding gounds shall be used by members only for reqlarlv scheduled services. including services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall not be leased. rented or in any way 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. Sundav mornin?. and a mid-week evening. H. Amend Section 2, by adding a new condition #9, which reads as follows: 9. The owner or successor shall not utilize a louds-maker. sound amplifier. radio. phonogmnh. or similar sound amplifving device to emit anv form of sound outside the church sanctuary and related facilities. - I. Amend Section 2, by adding a new condition #lo, which reads as follows: 10. The owner or successor shall utilize police or eauallv trained officials at all ingress and egress points along Northlake Boulevard for the management of traffic flow and direction before and after all events. includintj regularlv scheduled events. The -petitioner shall maintain a minimum of three (3) -police or quallv trained officials at all times for the direction and contol of traffic entering and exiting the site. As a guideline. traffic on Northlake Boulevard shall not be stopped for more than 90 seconds during the traffic control period. J. Amend Section 2, by adding a new condition #I 1, which reads as follows: 1 1, The four traffic lanes located at the western portion of the site which provides access to/from Northlake Boulevard shall be utilized as follows: a) Following all services and events. traffic cones or other similar traffic devices shall be utilized so as to limit ingress to the site to one !l) lane: egress shall be provided via two (2) left-turn lanes and one (1) right-turn lane. b) During all other times. two f2) lanes shall be used as inbound lanes and two (21 lanes shall be used as outbound lanes. K. Amend Section 2, by adding a new condition #12, which reads as follows: 12. The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750. L. Amend Section 2, by adding a new condition #13, which reads as follows: 13. Prior to the issuance of the first building Demit. the Detitioner shall submit a revised liehtine Dhotometric ~lan. indicating a maximum 26foot hiuh light Doles. for the City’s amroval. M. Amend Section 2, by adding a new condition #14. which reads as follows: 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. N. Amend Section 2, by adding a new condition #15, which reads as follows: 15, Prior to the issuance of the Certificate of Occupancv. the petitioner shall install a 3-foot grass berm adjacent to the northern limit of the paved parkins aisle on the site. No muking shall occur in the area north of the parkin? lot and berm. Amendment 1 to Ordinance 20,1997 Page 3 0. Amend Section 3, exhibit 1, to replace the “November 1,1997 Site Plan, Glen Patte & Associates, Sheet SP-1.0” with “November 12, 1997 Site Plan, Glen Pate & Associates, Sheet SP- 1 .O“; exhibit 2, to replace the “February 14, 1997 Architectural Elevations, Glen Patte & Associates, Sheets A-1.0 through A- 3.0“ with “October 1, 1997 Architectural Elevations, Glen Pate & Associates, Sheets A-1.0 through A- 2.0”; to replace the “February 14, 1997 Conceptual Floor Plan, Glen Patte & Associates, Sheet A-4.0” with “October 28,1997 Conceptual Floor Plan and Section, Glen Patte and Associates, 2 Sheets; exhibit 3, to replace the “August 28, 1997 Landscape Plan, George G. Gentile & Associates, Sheet L-1“ with “November 14,1997 Landscape Plan, George G. Gentile & Associates, Sheet L-1”; exhibit 6, to replace the “August 7, 1997 Irrigation Plan, George G. Gentile & Associates, Sheet 1-1.” with “November 3,1997 Irrigation Plan, George G. Gentile & Associates, Sheet 1-1.”; exhibit 7, to replace the “November 1, 1997 Photometric Site Plan, Glen Patte & Associates, Sheet PSP-1.0”; exhibit 8, to replace the “September 3, 1997 Conceptual Drainage Plan, Kimley-Horn and Associates, Sheet C- 1 .O” with the “September 30,1997 Conceptual Drainage Plan, Kimley-Horn and Associates, Sheet C-1 .O”. so that Section 3 will read : November 12, 1997 Site Plan, Glen Pate & Associates, Sheet SP-1.0 October 1, 1997 Architectural Elevations. Glen Pate & Associates, Sheets A-1 .O through A- 3.0 October 28,1997 Conceptual Floor Plan and Section, 2 Sheets November 14, 1997 Landscape Plan, George G. Gentile & Associates, Sheet L-1 January 24, 1997 Landscape Elevations, George G. Gentile & Associates, Sheet L-2 February 21, 1997 Landscape Elevations, George G. Gentile & Associates, Sheets L-3 November 3,1997 Irrigation Plan, George G. Gentile & Associates, Sheet 1-1. September 30,1997 Conceptual Drainage Plan, Kimley-Horn and Associates, Sheet C-1.0 through L-5. Amendment 1 to Ordinance 20,1997 Page 4 G:\SHORTR-1 \PUD9604.0~3 April 26,1999 May 21,1999 June 24,1999 July 15,1999 ORDINANCE 23,1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN AMENDMENT TO ORDINANCE 20, 1997 TO PROVIDE FOR MINOR CHANGES IN THE ELEVATIONS AND FLOOR PLANS OF BUILDINGS A, B, AND C IN THE CHRIST FELLOWSHIP PLANNED UNIT DEVELOPMENT; PROVIDING FOR CONDITIONS OF APPROVAL, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Christ Fellowship Inc. to amend ordinance 20, 1997 to provide for minor changes in the elevations of Buildings A, B and C and to the floor plan of Building A within the Christ Fellowship Planned Unit Development; and WHEREAS, Christ Fellowship was approved by Ordinance 20,1997; and WHEREAS, the City’s Growth Management Department has determined that this request is minor in nature; and WHEREAS, the City’s Growth Management Department has determined that approval of said application is consistent with the City’s Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, approves an amendment to Ordnance 20, 1997 to provide for minor changes in the elevations and floor plans of Buildings A, B and C within the Christ Fellowship Planned Unit Development. SECTION 2. Said approval shall be subject to the following conditions, which shall be the responsibility of the applicant, its successors andor assigns: 1. All of the conditions from Ordinance 20, 1997 shall remain in full force and effect. (Planning & Zoning) 2. Buildings A and B shall not be used as overflow areas or for supplemental seating for 1 presentations, programs, or semons conducted in the Sanctuary. (Code Enforcement) I 3. Simultaneous broadcasts of presentations, programs, or sermons conducted in the Sanctuary i I to any remote location, on-site or off-site, shall be prohibited. (Code Enforcement) 4. Building A shall be limited to a capacity of 452 people. (Code Enforcement) SECTION 3. Said approval shall be consistent with plans and documents filed with the City’s Growth Management Department as follows: 1. March 19, 1999 Architectural Site Plan, Glenn Pate & Associates, Sheet SP- 1. 2. May 18, 1999 Building B Elevations (Children’s Education), Glenn Pate & Associates, Sheet A-1 3. June 25, 1999 Building B Floor Plan, Glenn Pate & Associates. 4. May 18, 1999 Building A Floor Plan (Youth Ministry), Glenn Pate & Associates, Sheet A-2. 5. May 18, 1999 Building A Elevations, Glenn Pate & Associates, Sheet A-3. 6. May 18, 1999 Building C Elevations, Glenn Pate & Associates, Sheets A-4, A-5. 7. May 11, 1999 Letter from Glenn Pate & Associates. , I SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST WADING THIS 17’ DAY OF June 1999. PLACED ON SECOND READING THIS INTRODUCED, PASSED AND ADOPTED - ATTEST: APPROVED AS TO LEGAL FORM ! I 2 VOTE? MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLM COUNCILMAN CLARK AYE NAY ABSENT \WSERVER\COMPROG\ShortRange\MISC9909 RE doc I I 3 THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida I PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appear W. Ortado who on oath says that he is Classified Advertising Supervisor of The Palm Beach Post, a hly and Sunday newspaper published at West Palm Beach in Palm Beach County, Flonda, that the attached copy of advertising, being a Notice in the matter of ORDINANCE 23,1999 in the --- Court, published in said newspaper in the issues of June 30, 1999. Miant further says that the sad The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Flonda, and that the said newspaper has heretofore been conhnuously published in said Palm Beach County, Flonda, dady and Sunday-and has been. entered as second class ma11 matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a penod of one year next precedmg the first publicahon of the attached copy of advertisement, and affiant further says that shelhe has neither paid nor promised any person, firm or corporabon any discount rebate, commission or refund for the purpose of secunng this advertisement for publication in the said newsp per pVW- Sworn to and subscnbed before hs 30 day of June, A.D. 1299 Personally known a or Produced Identification Type of Idenhfizon Produced i = NO. 6677W I NOTICE OF PUBLIC HEARIWQ BY THE CITY COUNCIL .- 4 30 i m , eG;btioiho)lGp. PLEASE TAKE NOTICE AND BE ADVISED. Net If anu harh I i ! I I I I I j ! I I I I ! I I I i t I I I 4 i 1 i I i ! I i I I i I J b December 3, 1990 December 20, 1990 0H)INANCE 30, 1990 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REZONING LANDS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO UNDER THE CURRENT AGRICULTURAL RESIDENTIAL, WITH A SPECIAL EXCEPTION ALLOWING EXPANSION OF EXISTING COMMERCIAL HORSE STABLES TO THE CITY'S ZONING 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 CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. PALM amcH COUNTY ZONING DESIGNATION OF CLASSIFICATION RS-1 SINGLE-FAMILY RESIDENTIAL I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The zoning classification of those particular lands described in Exhibit "An 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-1, 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 repealed. Section 4. This Ordinance shall be effective upon date of passage. 6 ' DAY OF DECEMBER, 1990. DAY OF DECEMBER, 1990. Jc' DAY OF DECEMBER, 1990. 'v: ,< _' i /-2 1' '-- / /. ' MAYOR MARTIN0 VICE MAYOR ALDRED ATTEST : CLERK A~PROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY 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 1- 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 SP1.0. 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: 1. 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. 2. 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 or if the exotics are removed. 3. 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. applicable re lations, including the removal of all 4. Subsequent phases and expansions shall comply with all exotics on EI~ r e. 5. Prior to issuance of the first Certificate of Occupan- cy, site lighting shall be reviewed and approved by the Police Department. 1 6. 7. 8. 9. A dumpster (3' tall, 3' deep, 6-7' wide) shall be placed at the end of the westernmost drive aisle, at the edge of pavement, and shall have a concrete slab of no less than 10' 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 S'(minimum) gates. The exterior of the church shall be painted Pearl Grey (MAB 309 16P) and the exterior trim, columns, entrance features and tower shall be painted white (MAB 409 160) Lighting 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 & This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS THE 7 DAY OF FEBRUARY, 1991. ATTEST : MICHAEL MARTINO, MAYOR &pdM3dM% KOSIER, CITY CLE 2 November 2,1999 RESOLUTION 86,1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING RESOLUTION 13,1991 APPROVING A SITE PLAN FOR THE DEVELOPMENT KNOWN AS “CHRIST FELLOWSHIP” LOCATED ON THE SOUTH SIDE OF NORTHLAKE BOULEVARD WEST OF MILITARY TRAIL, IN ORDER TO APPROVE CERTAIN INFRASTRUCTURE IMPROVEMENTS; PROVIDING FOR AMENDMENT TO RESOLUTION 4, 1997 TO GRANT A TIME EXTENSION FOR THE TEMPORARY CONDITIONAL USE FOR MODULAR UNITS ; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Christ Fellowship Inc. for an amendment to the approved site plan and other documents for the development known as “Christ Fellowship” located approximately 3/4 mile west of Military Trail on the south side of Northlake Boulevard, as more particularly described in Exhibit “A” attached hereto, to allow the construction of additional parking and other infrastructure improvements, and to extend the effective date of the time extension for the modular units, and WHEREAS, Christ Fellowship’s conditional use was approved by the City Council by Ordinance 30, 1990 on December 20, 1990, and amended by the City Council by Ordinance 34, 1999 on September 16,1999, and WHEREAS, Christ Fellowship’s site plan was approved by the City Council by Resolution 13, 1991 on February 7, 1991, and WHEREAS, Christ Fellowship’s temporary modular units were approved by the City Council by Resolution 4, 1997 on January 2, 1997, and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient, and WHEREAS, the City’s Growth Management Department has determined that approval of said application is consistent with the City’s Comprehensive Plan and Land Development , e e B. Complete all non-landscape site improvements and changes. C. Remove the modular units from the property. D. Pave all parking aisles per City code. (DevelopmentCompliance Officer) 4. Within 90 days of the issuance of the Certificate of Occupancy for the sanctuary on Christ Fellowship’s new campus on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended), the petitioner shall tie this project into the public sewer system. (Development Compliance Officer) SECTION 4. Construction of said development shall be consistent with plans and documents on file with the City’s Growth Management Department as follows: 1. 2. 3. 4. 5. 6. 7. June 7, 1999 Existing South Campus Site Plan, Glen Pate & Associates, Sheet SP 1 .O August 5,1999 Future Phase 2 Site Plan (date stamped October 28, 1999) Glen Pate & Associates, Sheet SP 1 .O June 16, 1999 Existing (as-built) Landscape Plan, Glen Pate & Associates, Sheet L-1 October 26, 1999 Proposed Landscape Plan, Glen Pate & Associates, Sheet L-2 September 4, 1999 Stormwater Management Plan (Church Site), Kenneth H. Kruger, P.E. September 7, 1999 (date stamp)Conceptual Drainage Plan (Full Buildout), Kenneth H. Kruger, P.E., Sheets 1-2 August 5, 1999 Future Phase 2 Photometric Site plan, Glenn Pate & Associates, Sheet ESP 1.0 SECTION 5. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS ‘f DAY ATTEST: LINDA V. KOSIER BY: v APPROVED AS TQ LEGAL FORM AND SUFZ@& , d W CITY ATTORNEY VOTE: AYE NAY ABSENT - - MAYOR RUSSO J VICE MAYOR FURTADO --- J COUNCILMAN JABLIN - r/ J- COUNCILMAN CLARK COUNCILMANSABATELLO J omIr I IC June 24,1999 June 30,1999 August 27,1999 July 2,1999 I, 1s AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GAKDENS, FLORIDA, AMENDING ORDINANCE 30, 1990 WHICH APPROVED A CONDITIONAL USE, TO ALLOW AN INCREASE IN THE MAXIMUM OCCUPANCY AT THE SITE KNOWN AS “CHRIST FELLOWSHIP” WHICH IS GENERALLY LOCATED ON THE SOUTH SIDE OF NOKTHLAKE BOULEVARD WEST OF MILITARY TRAIL, AND TO AMEND THE APPROVED USE OF THE RESIDENCE BUILDING TO A YOUTH CENTER; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Christ Fellowship Inc. to amend Ordinance 30, 1990 to allow an expansion of the conditional use and a change in use for the residence to a youth center for a property more particularly described in Exhibit “A” (attached), and WHEREAS, Christ Fellowship’s conditional use was approved by Ordinance 30, 1990, and WHEREAS, Christ Fellowship’s site plan was approved by Resolution 13, 199 1, and WHEREAS, Christ Fellowship’s temporary modular units were approved by Resolution 4, 1997, and WHEREAS, the City’s Growth Management Department has determined that approval of said application is consistent with the City’s Comprehensive Plan and Land Development Regulations, and WHEREAS, the City’s Planning and Zoning Commission has recommended approval of this request, with conditions, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, approves an I I ! I I I I i I I I I I I , I i I i i i I I j j 1 ! ! ! ! i i 1 ! I I I I I ! I I i i I I I ! I ! I I i I I I I amendment to Ordinance 30, 1990 to amend the conditional use to allow a temporary increase in the maximum occupancy to 768 seats. This amendment shall be valid only until the issuance of the Certificate of Occupancy for the sanctuary on Christ Fellowship’s new campus on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or until January 1 , 2000, whichever occurs first. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, approves an amendment to Ordinance 30, 1990 to amend the conditional use to allow a permanent increase in the maximum occupancy to 576 seats. This expansion shall become effective immediately after the issuance of the Certificate of Occupancy for the sanctuary for Christ Fellowship’s new campus on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or on January 2,2000, whichever occurs first. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida approves an amendment to Ordinance 30, 1990 to amend the approved use of the residence to a youth center.This amendment shall take effect immediately upon adoption. SECTION 4. Said approval shall be subject to the following conditions, which shall be the responsibility of the applicant, its successors and/or assigns: 1. Immediately upon the issuance of the Certificate of Occupancy for the new sanctuary for Christ Fellowship on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or by January 2,2000, whichever occurs first, the minimum parking requirement on this site shall be calculated at a rate of 1 space per 3 seats in the sanctuary. At that time, one hundred and ninety-two of the seats in the sanctuary shall be permanently removed, leaving a permanent occupancy of no more than 576 seats, and an affidavit shall be submitted to the City by the petitioner affirming that the seating has been reduced to 576 or less. (Development Compliance Officer) 2. Simultaneous broadcasts of presentations, programs or semions conducted at any remote location to this site shall be prohibited. (Code Enforcement) 3. When determined to be necessary by the City of Palm Beach Gardens Police Department, the petitioner or successor shall utilize police or equally trained officials in numbers determined by the Police Department at all ingress and egress points along Northlake Boulevard for the management of traffic flow and direction before and after events.(Code Enforcement, Police Department) SECTION 5. Said approval shall be consistent with plans and documents on file with the City’s Growth Management Department as follows: 1. 2. June 7, 1999 Existing South Campus Site Plan, Glen Pate & Associates, Sheet SP 1 .O August 5, 1999 Future Phase 2 Site Plan, Glen Pate & Associates, Sheet SP 1 .O SECTION 6. This Ordinance shall be effective upon adoption. 1999 1999 1999 PLACED ON FIRST READING THIS PLACED ON SECOND READING THIS 4 OPTEDTHIS /k H- L3 c23kA w LA~JREN FURTADO, VICE MAYOR- I YOUNCILMAN DAVID CLARK I j COUNCILMA P- AFX SABATELLO ATTES'T: LINDA V. KOSIEK ,CMC, CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO E- COUNCILMAN JABLIN -- COUNCILMAN CLARK -~ Y- w glshort. sp9703.or.doc /Jtl&jl gnrra t'i -A- . I P.4 I P. d ! I ! I I ! I I i ! I I I I I I i I I I I I .I I i I 1 I ! I ! I 1 i .! I , I I I- I 1 i I 1 I I I 'I ! i 1 1 1 I CITY OF PALM BEACH GARDENS io500 N. MIUTARY TRAIL PALM BEACH GARDENS, FLORIDA 3341G4698 September 20, 1999 Mr. David Gregg 53 12 Northlake Blvd. Palm Beach Gardens, FL 334 18 Dear Mr. Gregg: Enclosed is a copy of Ordinance 34, 1999, amending Ordinance 30, 1990 which approved a conditional use, to allow an increase in the maximum occupancy at the site known as "Christ Fellowship". Ordinance 34, 1999 was adopted and approved by the City Council at the Regular Meeting on September 20, 1999. Sincerely, Ruth Catt Administrative Secretary Enclosure: As Stated I I I ! I I i I I i ! i I I I ORDINANCE 51,1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ORDINANCE 34,1999 TO ALLOW FOR AN EXTENSION OF A DATE CERTAIN CONDITION OF APPROVAL, RELATING TO THE CALCULATION OF PARKING REQUIREMENTS FROM JANUARY 2,2000 TO APRIL 1,2000 AT THE SITE KNOWN AS “CHRIST FELLOWSHIP” WHICH IS GENERALLY LOCATED ON THE SOUTH SIDE OF NORTHLAKE BOULEVARD WEST OF MILITARY TRAIL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Christ Fellowship Inc. to amend Ordinance 34, 1999 to allow for an extension of the date certain of condition of approval # 1 (relating to the calculation of parking requirements) from January 2, 1999 to April 1,2000; and WHEREAS, Christ Fellowship’s conditional use was approved by Ordinance 30, 1990; and WHEREAS, Chst Fellowship’s conditional use was expanded and amended by Ordinance 34,1999, and WHEREAS, the City’s Growth Management Department has determined that approval of the requested amendment to Ordinance 34, 1999 is consistent with the City’s Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves Christ Fellowship Inc’s request for an extension of time and amends condition of approval ## 1 as set forth in section 4 of Ordinance 34, I999 to read as follows: 1. Immediately upon the issuance of the Certificate of Occupancy for the new sanctuary for Christ Fellowship on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or by ,Tzxzry 2 April 1, 2000, whichever occurs first, the minimum parking requirement on this site shall be calculated at a rate of 1 space per 3 seats in the sanctuary. At that time, one hundred and ninety-two of the seats in the sanctuary shall be permanently removed, leaving a permanent occupancy of no more than 576 seats, and an affidavit shall be submitted to the City by the petitioner afirming that the seating has been reduced to 576 or less. SECTION 2. Said approval shall be consistent with documents on file with the City’s Growth Management Department as follows: 7 ~ I I 1. Development Application stamped November 10, 1999. SECTION 3. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 16Ih DAY OF DECEMBER 1999 PLACED ON SECOND READING THIS 20th DAY OFJANUARY 2000 ATTESTED BY: APPROVED AS TO LEGAL FORM AND C, CITY CLERK SUFFICIENCY. J /" qTY ATTORNEY VOTE: AYE NAY ABSENT L, -- MAYOR RUSSO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK VICE MAYOR FURTADO -- d / 1 -- -- / -- 8 I RESOLUTION 5,2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING RESOLUTION 86,1999 TO ALLOW FOR AN EXTENSION OFA DATE CERTAIN CONDITION OF APPROVAL RELATING TO THE COMPLETION OF IMPROVEMENTS ON THE SITE KNOWN AS “CHRIST FELLOWSHIP”, WHICH IS GENERALLY LOCATED ON THE SOUTH SIDE OF NORTHLAKE BOULEVARD WEST OF MILITARY TRAIL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Christ Fellowship Inc. to amend Resolution 86, 1999 to allow for an extension of the date certain of condition ## 3 relating to site improvements from January 2,2000 to April 1, 2000 and to allow 30 days after April 1,2000 to complete all such improvements; and WHEREAS, Christ Fellowship’s conditional use was approved by Ordinance 30, 1990, and WHEREAS, Christ Fellowship’s site plan was approved by Resolution 13, 1991, and WHEREAS, Christ Fellowship’s temporary modular units were approved by Resolution 4, 1997, and WHEREAS, Christ Fellowship’s amendment to its site plan was approved by Resolution 86, 1999, and WHEREAS, the City’s Growth Management Department has determined that approval of said application is consistent with the City’s Comprehensive Plan and Land Development Regulations, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves Christ Fellowship Inc.’s request for an extension of time and amends condition of approval #3 as set forth in Section 3 of Resolution 86, 1999 to read as follow: Within 30 days of the issuance of the Certificate of Occupancy for the sanctuary on Christ Fellowship’s new campus on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or eff-b~ _Tzzzry 2 May 1,2000, whichever shall first occur, the petitioner shall: A. Close the access point between this site and the Church of the Nazarene to the west, 7 B. C. D. Complete all non-landscape site improvements and changes. Remove the modular units 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, its successors andor 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 ATTEST: APPROVED AS TO LEGAL FORM AND CITY ATTORNEY VOTE: AYE NAY ABSENT L--- L MAYOR RUSSO ~___ VICE MAYOR FURTADO -- COUNCILMAN SABATELLO -- COUNCILMAN JABLIN -- COUNCILMAN CLARK -- - Lc cc 8 (47) (48) (49) LAND DEVELOPMENT Q 78-159 Interior design, including sales. Sale of goods and merchandise is permitted in the PO zoning district; however, maintaining an inventory or goods and merchandise is prohibited. Veterinary office and clinic. Veterinary office and clinic excludes offices with kennels or overnight boarding facilities unless soundproofed and approved as a conditional use. Churches and places of worship shall comply with the standards provided below. a. Less than 1,000 permanent seats or approved capacity may be located as a conditional use in any residential zoning district, and in CG-1, CG-2, and P&I zoning districts. More than 1,000 permanent seats or approved capacity may be located as a conditional use in the following districts: CG-1, CG-2, PI, M-1, M-lA, and M-2. mical uses associated with churches and places of worship include the follow- ing: 1. Sanctuaries, assembly halls, or similar large meeting rooms where religious services are held; Community centers or fellowship halls, which may be the site of religious services, but also used for community, athletic, fraternal, social, civic, charitable, and recreational programs; Offices utilized for administrative purposes related to the operation of the church or place of worship; b. c. 2. 3. 4. Religious merchandise or merchandise related to the operation of the house of worship may be sold in an accessory retail facility; Playgrounds and athletic fields; and Rectory or similar residence for religious officials, limited to one per place of worship. The following uses may be included within any conditional use approval granted by the city council to establish a church or place of worship, or as an additional conditional use operating as part of the facility: 1. School, elementary or secondary; 2. Day care, child; 3. Day care, adult; 4. Assisted living facility; and 5. Monastery or convent. Additional standards applicable to churches and places of worship are provided below. 1. Up to 50 percent of required parking may be grassed consistent with section 78-373 of this chapter. Minimum lot size is two acres. 5. 6. d. e. 2. Supp. No. 10 CD78:143 5 78-159 PALM BEACH GARDENS CODE 3. Churches and places of worship with more than 1,000 seats or approved capacity shall be located on and provide primary vehicular access from the following roadways: city collector, county minor arterial, state minor arte rial, state, or state principal arterial. Lighting for athletic fields, parking lots, and security shall be shielded from adjacent residential zoning districts. All day care centers, elementary or secondary schools, monasteries or convents, or assisted living facilities shall provide primary vehicular access from the following roadways: city collector, county minor arterial, state minor arterial, state, or state principal arterial. Temporary uses such as special events, outside services, seasonal sales, seasonal displays, other events of a limited nature may require a special events permit or approval as required in section 78-187. 4. 5. f. Governmental uses. Governmental uses include a city hall, police station, fire station, branch courthouse, public office buildings, libraries, maintenance buildings, etc. Hospital, public or private. Public or private hospital includes those institutions providing primary, secondary, or tertiary medical care, emergency medical services, including preventive medicine, diagnostic medicine, treatment and rehabilitative services, medical training programs, medical research, and may include association with medical schools or other medical institutions. Post office. Post office means a retail- and service-oriented facility providing individual post office boxes, sale of stamps and other postal services, receipt and distribution of mail, and other functions as a distribution, sorting and delivery facility. Post office, accessory. Accessory post office means a satellite, unstaf€ed facility for receipt of md, sale of postal products via vending machines, and similar convenience fLUlCtiOnS. Schools, public or private. Public or private schools are public or private elementary or secondary schools conducting regular classes with a course of study approved by the Florida Department of Education. AU schools shall comply with the standards listed below. a. b. Shall conform to all city concurrency requirements. Shall connect to public water and sewer treatment systems, or other systems approved by the city and the county health department. Shall be approved as a conditional use. Shall conform to all applicable environmental standards and requirements. Shall conform to all city landscaping requirements. Shall dedicate, at no cost, any necessary rights-of-way or easements for roads, canals, drainage, or public or private utilities. c. d. e. f. Supp. No. 10 CD78:144 r4 OONSUL‘IING (ML ENGINEERS, SURVEYORS & WPEW QVIL AGRTCULTURAL WATER RESOURCES WATER &WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS “Partners For Results Value By Design” 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (772) 286-3883 Fax (772) 286-3925 www.lbfh.com MEMORANDUM R TO: Michael Sanche FROM: Judy A. T. Dye DATE: March 17,2005 w FILE NO. 03-4299 SUBJECT: Christ Fellowship Church Traffic Impact Analysis Review The City’s traffic consultant, MTP Group, Inc., and Palm Beach County Traffic Division have completed their coordinated review of the Traffic Impact Analysis prepared by Imley-Horn & Associates, Inc. dated February 22, 2005 pursuant to the Palm Beach County Traffic Perfonnance Standards and City of Palm Beach Gardens Land Development Regulations for the above referenced project. Based on their review, the City’s traffic consultant and PBC Traffic Division concur with the analysis presented and provide recommendations as stated in the attached comment memorandum from MTP Group, Inc. dated March 15,2005. If you have any questions or require additional information, please do not hesitate to contact me at (772) 286-3883. JATDhcl cc: Tala1 Benothman - PBG (tbenothman@,pbdl.com) Maria Tejera, P.E. - MTP Group (mtpm-oup@,earthlink.net) Masoud Atefi - PBCTD (- Don Hearing - Cotleur Hearing (don hearinn@,cotleur-heariny.com) Doug Rhudy - Christ Fellowship (doumhudv@,cftodav.org) \\pc\proj ectsWBGMEM0\4299\4299zp.doc P. 2 3- 1 6-285 1 D : 38AM FROM MTP GROUP INC WPB FL t1 561 7958230 ,’ MTP Group, Irac. 12798 Farest Hill Boulevard. Suits 303 Wellin ton. FL 33414 Phone: (561) 795-0678 Telefax: &6l) 795-0230 i Co&: Masoud Atefi, MSCE ’ Palm Beach County To: Judy A. T. Dye LBFH, hc. From: Marla M. Tcjera, P.E. Date: March 15,2005 Palm Beach County and MTP Group have perfomled a coordinated review lor the project referenced above. We have reviewed a letter prepared by Wey-Horn and Asswiates, Inc. dated February 22, 2005. The letter includes responses to commaits about a traMic smdy dated December 2,2004 which was prepared to address the following: 1. A traffic plan identifjlhg trafEc chidation during the peak hour of the church. 2. A traffic study evaluating hadway conditions along the dimtly access segment of Nortkiake Boiilevard and at the intersection with Militdry Trajl during the peak- hour of the church. The study shows that during the peak hour of the chusch, both the eastern and western driveways are projected to operate at level of service “‘E” using Highway Capacity Maslplal procedures. Using a different methodology, Syncro, thc level of servicc at both driveways is pjected to be “I>”. It nmst be noted that these conditions are expected to occur Sunday betweb 11:OO a.m. and 1200 noon. Most likely, the levels of service presented above would od$ occur during 15 to 20 minutes. The analysis indicates the 11:45 a.m. Sunday seeruice will be moved to 12:OO noon in order to spread traffic during the peak hour of the church. Also, a traflic management plan is discussed in the December 2,2004 trafFrc study. We concur with the analysis presented and recoannend the foilowing: 1. Move the 1 1 :45 am. Sunday service to 12:OO moa 2. Include police control during p& periods (e.&. Swr3ay servicc). Four policmm are needed to control traffic along Northlakc Bodevard (two on each driveway per direction). 3. Provide trafxic circulation as included in the traffic analysis md attached as Exhibits 1. and2. 4. Monitor traffic conditions at the driveways as well as iriteinal traffic circulation to- minimize traffic impact to Northlakc Boulevard. Should you need additional information, do not hesitate to co~tacl me at (561) 735-0678. 3-16-285 1€3:38AM FROM MTP GROUP INC wpe FL. ti 561 795~250 P. 3 I EXHIBIT 1 n 3-16-205 18:31AM I 6, L FROM MTP GROUP INC WPB FL t1 561 79582:Q I P. d I NORTH CAh'IPUS MASTER StTE PLAN Q t ,I CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS “Partners For Results Value By Design” 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (772) 286-3883 Fax (772) 286-3925 www.lbfh.com MEMORANDUM TO: MIahael FROM: Judy A. T. Dye DATE: January 6,2005 \J FILE NO. 03-4299 SUBJECT: Christ Fellowship Church Traffic Impact Analysis Review The City’s traffic consultant, MTP Group, Inc., and Palm Beach County Traffic Division have completed their coordinated review of the Traffic Impact Analysis prepared by Kimley-Horn & Associates, Inc. (dated December 2, 2004) pursuant to the Palm Beach County Traffic Performance Standards and City of Palm Beach Gardens Land Development Regulations for the above referenced project. The City’s traffic consultant and PBC Traffic Division request revisions to the report. A copy of MTP Group’s coordinated comment memorandum dated January 5,2005 is attached. Please note this memorandum includes additional comments to MTP Group’s DRAFT comment memorandum dated December 15,2004. If you have any questions or require additional information, please do not hesitate to contact me at (772) 286-3883. JATD/ph cc: Tala1 Benothman (via fax (561) 799-4281 w/attachment) Maria Tejera, P.E. - MTP Group (mtpProup@earthlink.net w/o attachment) Masoud Atefi - PBCTD (matefi@,co.palm-beach.fl.us w/o attachment) Don Hearing - Cotleur Hearing (via fax (561) 747-1377-w/attachment) Doug Rhudy - Christ Fellowship (via fax 561 -622-8445 w/attachment) 1-85-285 4144PM FROM MTP GROUP INC WPB FL t1 561 7958238 P. 2 i ~3.+2c?~ MTP Group, Inc. 12798 Forest Hill Boulevard. Suite 303 Welli on; FL 33414 Phone: (561) 795-0678 Telefax%l) 795-0230 To: Judy A. T. Dye LBFH, hc. 3ors From.: Maria M. Tejera, P.E. Date: January 5,2005 Subject: Christ Fellowship Church Copy: Masoud At&, MSCE Palm Beach County Per your request, we have iwiewed a letter prepared by K,imley-Horn and Associates, Inc. dated December 2,2004. This letter WBS prepared in response to comments dated November 10,2004 regarding the following analyses for the above subject property: 1. A trafh plan idmtifj4ng traffic circulation during the peak hour of the church. The plan needs to evaluate internal circulation as well as adequacy of existing driveways, turning lanes and storage, traffic control, and safety devices. 2. A tr&c study evaluating poadway conditions along the directly access segment of Northlake Boulevard and at the intersection with Military Trail during the peak hour of the church. We offer the following comments: 1. 2. 3. 4. 5. 6. 7, a. 9. Turning movement counts should be conducted at all project driveways to ckennine both existing traffic and project traffic assignment. This comment was included in our previous memorandum and it has not been addressed in the letter. The analysis used to &tennine observed trip generation should be included in the letter. Project traffic assignment should be based on existing turning movement counts. While the letter indicates assignment was based on existing turning movements, turning movements at the &ern driveway were not considered, as they were not included in the analysis. Observed count data was not attached to the copy of the letter we received. We recommend SurnMarzing existing h-affic volumes and turning movements in a figure in order to expedite the review process. Provide a figure clearly illustrating Sunday peak hour volumes at dl driveways. It seems like a peak hour factor of 0.4 was used for project traffic when analyzing the driveways. It is suggested to apply a growth factor of 60% to project traflic along Northlake Boulevard and use of a peak hour factor of 0.4 at the driveways. In order to determine adequacy of turn lane storage, an evaluation needs to bc conducted to compare available storage versus forecasted queues. The consultant needs to suggest traffic management mitigation to expand the arrival and departure times. Should you need additional infornxition, do not hesitate to contact me at (56 1) 795-0678. c ~OCW~ d srm~uc~ DOCW-LV~W~~ ~dl0-t~~ ~h&-~~paarm~- a U,,MI c CONSULTING CIVIL ENGINEERS, SURVEYORS &MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIs “Partners For Results Value By Design” 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (772) 286-3883 Fax (772) 286-3925 www.lbfli.com MEMORANDUM TO: Michael FROM: Judy A. T. Dye DATE: November 1 1,2004 FILE NO. 03-4299 SUBJECT: Christ Fellowship Church Traffic Impact Analysis The City’s traffic consultant, MTP Group, Inc., has completed their review, and prepared draft comments, of the letter and updated traffic analysis prepared by Kimley-Horn and Associates, Inc. dated September 23,2004 for conformance with the Palm Beach County Traffic Performance Standards and the City’s Land Development Regulations for the above referenced project. Their review concludes additional information is required for review. Please note we are awaiting any comments from the Palm Beach County Traffic Division. A copy of MTP Group’s comment memorandum dated November 10, 2004 is attached. If you have any questions or require additional information, please do not hesitate to contact me at (772) 286-3883. JATD/jal cc: Tala1 Benothman - PBG (tbenothman@pbafl.com) Maria Tejera, P.E. - MTP Group (mtPaoup@,earthlink.net) - Masoud Atefi - PBCTD (matefi@,co.palm-beach.fl.us) - Don Hearing - Cotleur Hearing (don hearindi2cotleur-hearing.com) Doug Rhudy - Christ Fellowship (dounrhudy@,cftodav.org) 1 1-1 8-284 5:85PM FROM MTP GROUP INC WPB FL t1 561 7950230 P. 2 . ~.. . . . .. MTP Group, Inc- 12798 Forest Hill Boulevard. Suite 303 Wetfington, FL 33414 Phone: (561) 79W76 Telefax: (581) 795-0230 MEMORANDUM To: Judy A. T. Dye LBFH, fnc. From: Maria M. Tejera, P.E. Date: November 10,2004 Subject: Christ Fellowship Church Per yo= request, we hme reviewed a letter preprsd by Kimley-Horn imd Associates, Lnc. &td Septmber 23,2004. This letter was prepared in response to comments on July 2004 which required the following analyses: 1 - A Mc plan identifying traffic circulation during the peak bow of the church. The plan needs to evaluate internal circulation as %el1 3s adequacy of existing driveways, turning lams and storage, traffic control, and safety devices. 2. A traffic study evaluating roadway conditions along the directly access segment of Northlake Boulevard and at the intersection with Military Trail during the peak hour ofthe church. The letter clearly identifies the peak hour of the church occurring on Sunday between I 1 :00 am and 12:OO noon. It also contains an analysis of roadways conditions along Northlake Boulevard in the year 2006 (bbuildout of the project) during the peak hour of the church. It in~l~dss signalized intersection analysis at the two project driveways along Northlake Boulevard as well as at the intersection of Military Trail and Northlake Boulevard. However, it does not include the td3c plan required under item 1 above. We off= the following comments: 1. Turning movement counts should be conducted at all project driveways to determine both existing traf3c and project Wc assignment. 2. Project trafXic assignment should be based on existing turning movement counts rather than information included in the approved July 2004 traff;ic study, 3. Existing trip generation should bo compared with that calculated using the ITE Trip Generation Repor&. The ITE trip generation rate used to estimate trips may not be valid as the proposed church falls outside the values included in the ITE Trip Generation Report. A justifiabletrip genemtion rate should be used to estimate trip generation at buildout ofthe project. plan identifying trafic circulation during the peak hour of the church should be prepared. The plan needs to evaluate internal circulation as well as adequacy of existing driveways, turning lanes and storage, trflic control, and safety devices, 5, The analysis assumes both driveways along Northlake Boulevard are signalizsd at buildout of the project. Is the developer installing the signals? Have they been approved? If not, please idmtifjl Mc control and safety devices to be used during the peak how of the church on Sunday. 6. Consistent with the approved traffic study, the Military Trail/Northlake Boulevard intersection analysis needs to include traffic divorsjons due to the Northlake Reliever. 4, A Should you need additional information, do not hesitate to contact me at (561) 795-0678. CONSULTING CIVIL ENGINEERS, SURVEYORS &MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIs “Partners For Results Value By Design” 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (772) 286-3883 Fax (772) 286-3925 www.lbfh.com TO: Michael Sanchez FROM: Judy A. T. Dye DATE: July 30,2004 FILE NO. 03-4299 SUBJECT: Christ Fellowship Church Traffic Impact Analysis The City’s traffic consultant, MTP Group, Inc, have completed their review of the revised Trip Impact Analysis dated July 2004 prepared by Kimley-Horn and Associates, Inc. for conformance with the Palm Beach Gardens Traffic Performance Standards for the above referenced project. The site currently includes 85,200 square feet of development on the north campus and 2 1 , 100 square feet of development on the south campus. The proposed expansion increases the north campus to 245,200 square feet while maintaining the existing development on the south campus. The proposed buildout date of the development has been analyzed for the year 2006. Therefore, the City’s traffic consultant finds the project in compliance with the City of Palm Beach Gardens Traffic Performance Standards subject to the following condition: “Conversion of the existing westbound right- turn lane to a shared througldright lane, at the intersection of Northlake Boulevard and Military Trail.” In addition, in order to identify traffic impact to the adjacent roadways during the peak hours of the church, the applicant shall address the comments prepared by MTP Group. A copy of MTP Group’s comment memorandum dated July 28,2004 is attached. If you have any questions or require additional information, please do not hesitate to contact me at (772) 286-3883. JATD/cpr cc: Tala1 Benothman - PBG (tbenothman@,pbgfl.com) _~- ~ P. 2 7-29-204 1 0 : 32AM FROM MTP GROUP INC WPB FL tl 561 795823c3 03-%-&Vt - C' 1. 7 '8 MEMORANDUM To: Judy A. T. Dye LBFH, Inc. From: Maria M. Tejera, P.E. Date: July 29, 2004 Reference: Christ Fellowship Church Copy Masoud Atefi, MSCE Palm Beach County MTP Group has completed a review of a revised traffic impact analysis prepared by Kirniey-Horn and Associates, Inc. dated July 2004 for the project referenced above pursuant to the City of Palm Beach Gardens Traffic Performance Standards. Christ Fellowship is located along Northlake Boulevard to the west of Military Trail. The site currenrly includes 85,200 squm feet of development in the north campus and 2 1,100 square feet of development in the south campus, The proposed expansion increases the north campus to 245,200 square feet while maintaining the existing development in the south campus. Buildout of the development has been analyzed for the year 2006. We find the project in compliance with the City of Palm Beach Gardens Traffic Performance Standards subject to the following condition: 1, Conversion of the existing exciosive westbound right-turn lane to a shared throughhight- turn lane, at the intersection of Northlake Boulevard and Military Trail. In order to identify traffic impact to the adjacent roadways during the peak hours of the church, the following analyses are required: 1. Provide a traffic plan identifying tr.affic circulation during the peak hour of the church (usually Saturday or Sunday). The plan needs to evaluate internal circulation as well as adequacy of existing driveways, turning lanes and storage, traffic control, and safety devices. 2. Provide 8 traffic study evaluating roadway conditions along the directly accesg segment of Northlake Boulevard and at the intersection with Military Trail during the peak hour of the church (usually Saturday or Sunday). Additional eaflc related issues may arise during ~JZQ site plan approva f process. The Ciiy of Palm Beach Gdem may impose troflc condirionr in the Development Order to mswe safe, convenient undorderbflow ofvehicular @aflc within the Ciy. Should you have any questions, do not hesitate to give us a call at (561) 795-0678. c CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS “Partners For Results Value By Design” /’\ w 3550 S .w. c Palm Fax MEMORANDLM TO: FROM: Judy A. T. Dy DATE: August 10, 2004w FILE NO. 03-4299 SUBJECT: Christ Fellowship Church Traffic Impact Analysis The Palm Beach County Traffic Division has completed their review of the revised Trip Impact Analysis dated July 2004 prepared by Kimley-Horn and Associates, Inc. for conformance with the Palm Beach County Traffic Performance Standards for the above referenced project. The site currently includes 85,200 square feet of development on the north campus and 21,100 square feet of development on the south campus. The proposed expansion increases the north campus to 245,200 square feet while maintaining the existing development on the south campus. The proposed buildout date of the development has been analyzed for the year 2006. The report notes that the Trip Impact Analysis meets the Traffic Performance Standards of Palm Beach County subject to the following condition: “Conversion of the existing westbound right-turn lane to a shared throughhight lane, at the intersection of Northlake Boulevard and Military Trail.” In addition, in order to identify traffic impact to the adjacent roadways during the peak hours of the church, the applicant shall address the comments prepared by MTP Group. A copy of MTP Group’s comment memorandum dated July 28, 2004 was previously sent on July 30,2004. If you have any questions or require additional information, please do not hesitate to contact me at (772) 286-3883. JATD/mef cc: Tala1 Benothman - PBG (tbenothman@,pbnfl.com) Department of Engineering and Public Works P.0. Box 21229 West Palm Beach, FL 33416-1229 (561) 684-4000 www. pbcgov. co m Palm Beach County Board of County Commissioners Karen T. Marcus. Chair Tony Masilotti, Vice Chairman Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson Addie L. Greene County Administrator Robert Weisman ‘An Epl Opportunity Afimative Action Employer” July 16, 2004 Ms. Judy A. T. Dye LBFH Inc. Assistant City Engineer City of Palm Beach Gardens 3550 S.W. Corporate Pkwy. Palm City, FL 34990 RE: Christ Fellowship Church Expansion TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Judy: Palm Beach County Traffic Division has reviewed the traffic study for the proposed expansion project entitled; Christ Fellowship Church Expansion, pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. The project is summarized as follows: Location: Worth side of North!ake Boulevard, East of Hunt Club Lane Municipality: Palm Beach Gardens Existing Uses: 85,200 SF Church -- the existing church also includes 21,100 SF across the siree! on the South side of Northlake Boulevard. Proposed Uses: Addition of 160,000 SF Church New Daily Trips: 1,458 New Daily Trips: 116 AM, 106 PM Build-out Year: 2006 Based on our review, the Traffic Division has determined that the proposed expansion meets the Traffic Performance Standards of Palm Beach County, under the following condition: 0 Cmversion of the existing excksive west!!oUrid i-ight-turn lax tc 2 siialeci throughlright turn lane, at the intersection of Northlake Boulevard with Military Trail. If for any reason, implementation of this change in lane configuration was not feasible, the developer will need to commit to other improvements at this intersection, to improve peak hour traffic operations to acceptable levels. It is also suggested: A “Traffic Circulation Plan” to be developed providing an analysis of the project traffic circulation conditions during the church peak demand periods (whish may be during events un weekends). This plan needs tc evaluate the adequacy of turn !anes and stxages, as well as traffic control and safety devices. 0 The County is concerned over ihe high Rumber of peak hour ieft-tLii-ns. forecasted to exit out of the site onto Northlake Reulevard, from both driveway’s on the northern parcsl. It is suggested that outgoing left-turns be hmiled to one main driveway, controlled by adequate traffic control and safety devices. @) printed on recycled paper c No building permits are to be issued by the town, after the build-out date, specified above. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. If you have any questions regarding this determination, please contact me at 684-4030. Sincerely, Masoud Atefi. MS '. Sr. Engineer 1 Traff&Dtv&on CC: Lorin Brissett, P.E. -Kirnley-Horn & Associates Maria Tejera, P.E. - MTP Group File: General - TPS - Mun - Traffic Study Review / A U I j j j j j j j j j .j j j j j j j j j j i j j j j j j I .I i T T L -El--@ m 0 8 N I- 0 @ A\\essler & Associatcs CONSULTING ENGINEERS 7741 N. Military Trail, Suite 5, Palm Beach Gardens, Florida 33410 Phone (5611 841-8188 Fax (5611 841-8140 DRAINAGE STATEMENT CHRIST FELLOWSHIP CHURCH PALM BEACH GARDENS, FL OCTOBER, 2004 (REV. APRIL, 2005) The proposed development is an addition to the existing Christ Fellowship Church that will consist of approximately 157,000 sf of buildings that will house meeting and dining rooms. The buildings and the required parking will be constructed on approximately 20 acres of land. The proposed facility will be located adjacent and east of the existing Christ Fellowship Church building. The project is located within the jurisdiction of Northern Palm Beach County Improvement District. The drainage system for the project will consist of conventional water management facilities, including a series of dry retention areas, grassed swales, inlets, drainage piping and an outfall to the Ballen Isles master drainage system. In addition to the drainage for this new phase, it is proposed to receive a portion of the drainage runoff from the existing phase. The existing phase one currently has periods of time when the outfall system does not function as efficiently as originally anticipated, therefore the water levels on the property reach stages higher than anticipated. We believe that the cause of this condition is that the current outfall is through Northlake Blvd. and the project discharge is subject to conditions within the roadway that delays the time when the Church’s project can discharge. It is planned to redistribute a portion of the existing storm water management system and route it through the new phase drainage system. Once this system is in place this will eliminate the high water levels in phase one. The proposed outfall system for the new phase two will be controlled through the use of a control structure located at the northeast comer of the northern dry retention area. The outfall pipe will be connected to an existing pipe that was installed with the Place of Hope project developed several years ago and is owned by Chnst Fellowship Church. The existing outfall pipe is a 36” cmp that was designed to receive the runoff from this new project. The final outfall is in the Ballen Isles lake system that is maintained and operated by Northern Palm Beach County Improvement District. The allowable discharge is based on the C- 17 basin allowable discharge of 62.4 CSM. The proposed project will be routed based on this allowable disch project. for this new phase and that portion of the phase one that is to be included with the -8 E: March 29,2005 Michael Sanchez Senior Planner Growth Managemen. Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: North Campus Expansion of East 20 Acres and Usage of the Planned New Facilities Dear Michael, Thank you for your inquiry as to the usage of the buildings we are proposing to add to our existing facilities on Northlake Blvd. Basically, it is all about our children! We need more “indoor” space for our kids’ programs. The first building to be built, the Student Ministry Center, will be used in the following manner: 1) Multiple rooms will be added for Middle School age children and for High School age kids. Rooms for Sunday school, prayer rooms and breakout rooms will enable us to group (and separate) similar age kids together. We are now using this same concept in one of our existing buildings which we call God’s Town. During our regular weekly “adult” services in our main Sanctuary, we run concurrent services for elementary school children, for fifth and sixth graders, for middle school and for high school age kids. In an effort to separate younger children from the older ones, we are adding a Student Auditorium plus numerous “medium size” breakout rooms to be used at the same time our normal weekly adult services are taking place. 2) Student Ministry small group worship / theater room 3) Fellowship Hall for families 4) Public meeting rooms for community use 5) Break-out rooms for small group worship March 29,2005 Page 2 6) Casual areas for pot-luck dinners for families 7) Kids Zone indoor play ground 8) Choir suite for choir practices 9) Administrative ofice areas (primarily upstairs) Christ Fellowship is very concerned about the safety of our children. By expanding our North Campus we will be able to accommodate all of our adults and children on the north side of Northlake Blvd. during regular weekly services, thereby reducing crossover traffic to our property on the south side of Northlake Blvd. Phase I of this expansion includes the addition of walls to the porch area in God’s Town. All zoning requirements have been met regarding parking and engineering for this area. The elimination of the “outside porch”, along with the addition of the Student Ministry Center, will enable Christ Fellowship to move our 5& and 6~ grade age children inside for worship, thus reducing exterior sounds from children playing and worshipping. The second building to be built, the Family Life Center, will be used in the following manner: 1) The majority of the square footage is allocated to a gym. Kids and adults from the community will play basketball, volleyball and other sports in this facility. 2) Dressing Rooms and Work-out Rooms 3) Community Meeting rooms 4) Racquetball Courts 5) Aerobics room for mothers and young children 6) Crafts and other family small group breakout rooms 7) Unfinished areas upstairs will be used for fbture administrative office space, kids break-out rooms and much needed storage areas Christ Fellowship owns a small tract of land on Howell Lane (located in the county) that is adjacent to the northeast corner of the subject East 20 Acre Expansion project. This site is one of the most special ministries of Christ Fellowship Church. We refer to the barn, building and horse riding ring as our “Special Needs Ministry.” Christ Fellowship Palm Beach Gardens Wellington 561-799-7600 + 561-799-7602 www.gochristfellowship.com March 29, 2005 Page 3 Almost every Saturday literally hundreds of Special Needs’ children, teenagers and parents from the community (most do not attend Christ Fellowship) participate in a “Hippo-Therapy” program. This horse-back riding and animal therapy program has broken down barriers within families, has given handicapped children and young adults in our community ways to communicate, exercise, and relate to animals and people of all ages in unbelievable ways! We plan to continue using this property for our Special Needs Ministry in the future. Michael, please call me if you need any additional information. Thank you for your interest and assistance on this project. Sincerely, * Director of Development cc: Don Hearing Glenn Pate Ron Ferris Tala1 Benothman Christ Fellowship Palm Beach Gardens Wellington 561-799-7600 561-799-7602 www.aochristfellowship.com bW OFFICES BOOSE CASEY ClKLlN LUB~ MARTENS MC6ANE & O’CONNELL A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS JOSEPH L. ACKERMAN, P.A. LINDA DICKHAUS AGNANT, P.A. BRUCE 0. ALEXANDER, P.A. JERALD S. BEER, P.A. WILLIAM R. BOOSE. 111, P.A. JOHN D. BOYKIN, P.A. JESSICA M. CALLOW PATRICK J. CASEY, P.A. RICHARD R. CHAVES, P.A. PATRICIA M. CHRISTIANSEN. P.A. ALAN J. CIKLIN, P.A. ROBERT L. CRANE, P.A. RONALD E. CRESCENZO, P.A. KENT 8. FRAZER JEFFREY M. GARBER JASON 5. HASELKORN, P.A. VIA FAX 799-4281 and U.S. Mail CHRISTINE M. HOKE RICHARD A. JAROLEM BRIAN B. JOSLYN, P.A. GREGORY S. KINO, P.A. CHARLES A. LUBITZ, P.A. JASON c. MAIER RICHARD L. MARTENS, P.A. BRIAN M. O’CONNELL, P.A. PHIL D. O’CONNELL. P.A. CHARLES L. PlCKElT MATTHEW N. THIBAUT DEAN VEGOSEN, P.L. GARY WALK, P.A. BERNARD WILLIAMS, JR. JOHN R. YOUNG, P.A. CORY S. ZADANOSKY May 3 1, 2005 PHILLIP D. O‘CONNELL, SR. (I 907- I 887) LOUIS R. MCBANE (RETIRED) I--- OF COUNSEL MICHAEL J. MONCHICK, P.A. MICHAEL J. KENNEDY, P.A. JOHN L.REMSEN LEONARD 0. RUBIN 5 I5 NORTH FLAGLER DRIVE, STE. I900 WEST PALM BEACH, FLORIDA 3340 1-4343 P.O. BOX 4626 TELEPHONE: I56 I ) 832-5900 FACSIMILE: (56 I ) 820-038 I Michael Sanchez, Senior Planner City of Palm Beach Gardens Growth Management Department 10500 No. Military Trail Palm Beach Gardens, Florida 33410 Re: Christ Fellowship Church PUD AmendmedPUD 0 1 -03/Conditions of Approval North Campus Dear Michael: We have been asked to update the Church’s position on the Amendment of certain Conditions of Approval by virtue of an application filed in April 2001. The Amendment was considered by the Planning, Zoning & Appeals Board (then the Planning and Zoning Commission) on November 13, 2001 and the Board recommended approval by a vote of 6-1. At the September 4, 2002 City Council meeting, the City Council requested that the Petition be postponed until they could also consider a Development Application for the east 20 acres which was heard by the Planning, Zoning & Appeals Board on May 24, 2005 and recommended for approval by a 7-0 vote. The Church’s position on the requested Amendment to the Conditions of Approval are as follows: 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.” With the addition of the ancillary uses contemplated on the east 20 acres, the need for the use of shuttle buses will be considerably lessened. One of the benefits of adding the east 20 acres to the Christ Fellowship campus is to minimize the need for cross-over activity on the south campus. There will be some need, however, to continue the use of Shuttle buses. It was staffs recommendation at the November 13, 2001 Planning & Zoning Commission meeting that the condition be eliminated in that the Church was providing “for safe transport of Church members between two sites that comply with all applicable zoning codes.” The Church agrees with the staff recommendation that the condition be eliminated. 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 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.” mmpm $Em PLANNING &ZONING DEPT, The Church requested that this condition be eliminated. The staffs recommendation was that “the emphasis of any restriction should be placed on non-religious events.” Staff recommended that the condition be revised accordingly: 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 or events not directly affiliated with the church’s function or ministry. The Church agrees with staffs recommended revision. Condition 9: Outside Sound Amplification. “The owner or successor shall not utilize a loudspeaker, sound amplifier, radio, phonograph, of (sic) similar sound amplifying device to emit any form of sound outside the church sanctuary and related facilities.” Staff recommended the following revised condition. 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. The Church agrees with staffs recommended condition. Condition 12: Seats in the Sanctuary. “The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750 seats.” The Church requested that this condition be eliminated because sanctuary occupancy should be based on the ability to meet all Code requirements of the City, including parking, traffic concurrency, fire, building and safety codes. The seat limitation condition was arbitrary and did not relate to any of the applicable Code requirements. Staff recommended “the elimination of the condition requiring a maximum of 1,750 fixed and/or moveable seats, and allowance for a number of fixed and/or moveable seats within the requirements of the concurrency approval and the Land Development Regulations.” Staff recommended 2,284 seats. The Church agrees to that number of seats in the sanctuary. Condition 2: Buildings A and B. “Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary.” Staffs recommendation was that “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.” Based on the increased number of seats requested by the Church, the Church agrees to leave the condition unchanged. Condition 3: Simultaneous Broadcasts. conducted in the Sanctuary to any remote location, on-site or off-site, shall be prohibited.” “Simultaneous broadcasts of presentations, programs and sermons The Church requested elimination of this condition. The original intent of the condition was to curtail traffic control problems at the north and south campuses of the Church. The staff report indicated that “the police department has reported no problems related to traffic operations at the site after one full year of operation ....” Staffs recommendation was as follows: . Staff found no evidence of traffic control problems at the entrances to both the North and the South Campus. Both sites have received approval from the City for religious use with certain square footage and sanctuary seating. The applicant has also provided staff with a traffic operations site plan, indicating how traffic is controlled from both campuses. It is staffs professional opinion that activities occurring on both sites simultaneously do not pose a significant hazard. The condition, as approved, may not have a rational nexus to the safety, health and welfare of the City, and is not imposed on any other religious institutions within the City. Therefore, staff recommends deletion of this condition. The Church believes the condition should be eliminated. In conclusion, the Church agrees with the staff recommendation prepared for the November 13, 200 1 Planning & Zoning Commission meeting. The hearing resulted in a 6-1 vote in favor of the condition changes as set forth herein. If you have any questions about the foregoing, please don’t hesitate to contact me. AJC/nc 28498 cc: Dr. Tom Mullins Doug Rhudy Don Hearing Ron Ferris, City Manager (799-428 1) Charles Wu, Growth Management Director (799-428 1) Michael Sanchez From: Sent: To: Subject: Leanne Demus [Idemus@hotmail.com] Friday, May 20, 2005 9:45 PM Charles Wu Planning & Zonning Meeting, May 23rd Dear Mr. Wu, I have been a resident of Palm Beach Gardens for over 3 years. Additionally, I am employed at Landis Strategy & Innovation also located in Palm Beach Gardens. I am a member of Christ Fellowship and I believe in what Christ Fellowship is doing and know that the church is making a positive impact in our community. It is my desire that the city council support Christ Fellowship's plan to develop land on their current property. Thank you for your time and attention to this important matter. Sincerely, Leanne Demus 3100 Giralda Circle East, #204 Palm Beach Gardens, FL 33410 Powerful Parental Controls Let your child discover the best the Internet has to offer. http://join.msn.com/?Wmarket=en-ca&page=byoa/prem&xAPID= 1994&DI= 1034 &SU= http://hotmail.com/enca&HL=Market-MSNIS-tag lines Start enjoying all the benefits of MSN@ Premium right now and get the first two months FREE*. 1 Michael Sanchez From: Cara Wingert [carabean423@hotmail.~om] Sent: To: Michael Sanchez Subject: Monday, May 23,2005 8:32 AM City Council Meeting Tues May 24th Good Morning: My name is Cara Wingert and I am a resident of Palm Beach Gardens. I am writing to let you know that I am a regular attendee of Christ Fellowship. I believe in what Christ Fellowship is doing and know that the church is making a positive impact in our community. It is my desire that the city council support Christ Fellowship's plan to develop land on their current property. Thank your for taking the time to read my request. Sincerely, Cara Wingert Cara Wingert 1 Michael Sanchez From: Sent: To: Subject: cwpurpose@bellsouth.net Saturday, May 21, 2005 6:14 PM Michael Sanchez Christ Fellowship We are residents of Palm Beach Gardens & members of Christ Fellowship Church. We support the proposed building expansion on the ministry campus and hope you will too. Thank you, Mr. & ME. Clyde Snyder 1 Michael Sanchez From: Sent: To: Subject: Leanne Demus [Idemus@hotmail.com] Friday, May 20, 2005 9:46 PM Michael Sanchez Christ Fellowship Expansion Dear Mr. Sanchez, I have been a resident of Palm Beach Gardens for over 3 years. Additionally, I am employed at Landis Strategy & Innovation also located in Palm Beach Gardens. I am a member of Christ Fellowship and I believe in what Christ Fellowship is doing and know that the church is making a positive impact in our community. It is my desire that the city council support Christ Fellowship's plan to develop land on their current property. Thank you for your time and attention to this important matter. Sincerely, Leanne Demus 3100 Giralda Circle East, #204 Palm Beach Gardens, FL 33410 Take advantage of powerful junk e-mail filters built on patented Microsoft@ Smartscreen Technology. http://join.msn.com/?pgmarket=en-ca&page= byoa/prem&xAPID= 1994&DI= 1034 &SU= http://hotmail.com/enca&HL=Market_MSNIS-Taglines Start enjoying all the benefits of MSN@ Premium right now and get the first two months FREE*. 1 Page 1 of 1 Michael Sanchez From: Dave Ochs [dive@aquasafari.net] Sent: To: Michael Sanchez Subject: PBG Residents in Support of Christ Fellowship Expansion Monday, May 23,2005 8:28 PM Dear Mr. Sanchez, My name is David Ochs. My wife Jane and I are residents of and registered voters in Palm Beach Gardens. We are also members of Christ Fellowship Church. I am writing to express our support of the work being done by Christ Fellowship. The work of this church is having a positive impact on not only the city of Palm Beach Gardens, but also Palm Beach county, south Florida and throughout the world. We are certainly in support of the church’s plans to expand on its existing land, and we are asking that you support this expansion as well. Thank you for your time in reading this message. Sincerely, David & Jane Ochs 31 8 Commons Way Palm Beach Gardens, FL 33418 56 1-694-2452 5/24/2005 Page 1 of 1 Michael Sanchez From: Americuba2@aol.com Sent: To: Subject: CHRIST FELLOWSHIP CHURCH Saturday, May 21, 2005 10:34 AM Hal Valeche; irusso@pbgfl.com; Jody Barnett; Charles Wu; Michael Sanchez; David Levy; Eric Jablin Hello, I am a regular attender of Christ Fellowhip. I believe in what Christ Fellowship is doing and know that the church is making a POSITIVE impact in our community. It is my desire that the city council support Christ Fellowship's plan to develop land on their current property. Thank you in advance for your attention to this matter. God bless, Lourdes Prachyl 5/24/2005 Page 1 of 1 Michael Sanchez From: Tara Wright [TaraW@cftoday.org] Sent: To: Subject: Christ Fellowship Friday, May 20, 2005 6:06 PM Eric Jablin; David Levy; Hal Valeche; Jody Barnett; Charles Wu; Michael Sanchez Dear Palm Beach Gardens City Council Members & Staff, I am a member of Christ Fellowship. I believe in what Chst Fellowship is doing and know that the church is making a great and positive impact in our community. I see it take place every weekend. It is my great desire that the city council support Christ Fellowship's plan to develop land on their current property. Thank you for your time. Sincerely, Tara Wright 5/24/2005 Page 1 of 1 Michael Sanchez From: Trudy [Trudyearle@adelphia.net] Sent: To: Joseph Russo Cc: tmullins@cftoday.org Subject: planning and zoning of Christ Fellowship I" Saturday, May 21, 2005 12:44 PM Dear Palm Beach Gardens City Council Members & City Staff, My husband and I have lived in Palm Beach Gardens for nineteen years. We are members of Christ Fellowship and have been attending and supporting there for over 11 years. We strongly believe in what Christ Fellowship is doing (creating good moral/Godly citizens in PBG and surrounding communities). It should be obvious to all that we are having a positive impact in this community in both adult and children's lives. It's our desire that the city council support Christ Fellowship's plan to develop land on their current property. Thank you for your time and we look forward to a favorable meeting with you all this coming Tuesday at the planning and zoning meeting. Sincerely, Trudy & Earle Megathlin FREE Emoticons tor your email! Click Here! 5/24/2005 Page 1 of 1 Michael Sanchez From: Helen Foust [helenrh@adelphia.net] Sent: To: Charles Wu Subject: Christ Fellowship -" - "x Monday, May 23,2005 751 AM I have been a member of Christ Fellowship since 911 1 and it is my hope that you will vote to approve their application for the new expansion to the Northlake facility. My biggest reason for urging your support is the fiture of Palm Beach Gardens and the county. Christ Fellowship's dedication to the next generation will be an asset to this community. Our young people need the purpose and direction that is instilled in them at Christ Fellowship. I urge you to allow this plan to go forward. Christ Fellowship seeks only the betterment of the community and its future. Thank you very much. 5/24/2005 Page 1 of 1 Michael Sanchez From: Sent: To: Subject: Importance: High Donna & Barry Atwood [dcatwood@adelphia.net] Sunday, May 22,2005 1053 PM Joseph Russo; Eric Jablin; David Levy; Hal Valeche; Jody Barnett; Charles Wu; Michael Sanchez Christ Fellowship - Support for Youth Building Honorable City Council Members, We strongly urge your support Christ Fellowship's plan to develop land on their current property for the planned Youth Ministry Center. What a fantastic project, not only for the Church and its members, but also for the community at large. We are members of Christ Fellowship and have regularly attended services on Northlake Boulevard for the past four (4) years. We have witnessed the wonderful programs the Church sponsors not only for its family members, but also for the benefit of the community at large. The Church truly supports families at a time when families are under stress. We are especially impressed with the youth programs. We only wish our own children could have taken part while they were growing up and before they went off to college. This planned project is aimed to benefit the young people of Palm Beach Gardens. Thank you in advance for your support. Donna & Barry Atwood 5/24/2005 Page 1 of 1 Michael Sanchez From: Bethany Bates [batesbethany@yahoo.corn] Sent: To: Subject: PBG Planning & Zoning Meeting I Sunday, May 22,2005 9:40 PM Joseph Russo; Eric Jablin; David Levy; Hal Valeche; Jody Barnett; Charles Wu; Michael Sanchez Dear City Council Members: I am a Palm Beach Gardens resident and member of Christ Fellowship. I believe in what Chst Fellowship is doing and know that the church is making a positive impact in our community. Please support our plan to develop land on our current property. Bethany Bates 9129 W. Highland Pines Blvd. Palm Beach Gardens, FL 3341 8 Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail. y ahoo.com 5/24/2005 Michael Sanchez From: Henk Horn [horn@yoursecurityconnection.com] Sent: Saturday, May 21, 2005 4:20 PM To: Joseph Russo Cc: David Levy; Michael Sanchez; Charles Wu; Eric Jablin; I:'; Hal Valeche I am a member and/or regular attender of Christ Fellowship I believe in what Christ Fellowship is doing and know that the church is making a positive impact in our community It is my desire that the city council support Christ Fellowship's plan to develop land on their current property. Palm Beach Gardens City Council Members & City Staff Henk Horn Your Security Connection - E6A-154 & Custom &lectronics (954) 984-9292 Phone (775) 587-4366 Fa CONFIDENTIALITY NOTICE: This e-mail message is intended onlyfor the person or entiy to which it is addressedand may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. Ifyou are not the intended recipient, please contact the sender by reply e-mail and destroy all copies ofthe original message. Ifyou are the intended recipient but do not wish to receive communicationsthrough this medium, please so advise the sender immediately 5/24/2005 Page 1 of 1 Michael Sanchez From: Michael Whaples [starpastor@hotmail.com] Sent: Saturday, May 21, 2005 1 :08 PM To: Michael Sanchez Subject: Northlake Development I am a member of Christ Fellowship. I believe in what Christ Fellowship is doing and know that the church is making a positive impact in our community. It is my desire that the city council support Christ Fellowship's plan to develop land on their current property. Thank you. Michael & Sandy Whaples 12930 N. Normandy Way Palm Beach Gardens, FL 33410 5/24/2005 Page 1 of 1 Michael Sanchez From: Michael@thiscomputer2000.com Sent: Saturday, May 21, 2005 8:22 AM To: Charles Wu Subject: May 24th meeting Dear Council Member, I have been a member of Christ Fellowship since 1996 and support what Christ Fellowship is doing to make a positive impact in our community. I helped with the building expansion of the north campus in the year 2000 and it is my desire that the city council support Christ Fellowship's plan to develop land on their current property to better serve the growth of this community. Regards, Michael Runyan Traffic / Security FREE 6 mb email address @ http://www.thiscomputer2000.com 5/24/2005 ~~ Concerned Palm Beach Gardens Citizen Page 1 of 1 Michael Sanchez From: Robert-Rice [RRice@officedepot.com] Sent: To: Subject: Concerned Palm Beach Gardens Citizen Monday, May 23,2005 10:33 AM Joseph Russo; Eric Jablin; David Levy; Hal Valeche; Jody Barnett; Charles Wu; Michael Sanchez Dear Palm Beach Gardens City Council- For the past couple years, I have beena member of Christ FellowshipChurch, and a resident of Palm Beach Gardens. I have two young children, and my wife and I plan to make Palm Beach Gardens our home indefinitely. We live in our city year round. I believe in what Christ Fellowship is doing and know that the church is making a positive impact in our community. It is my desire that the city council support Christ Fellowship's plan to develop land on their current property. Please support our church and our program, as I believe what is important for the church and the residents of Palm Beach Gardens is important for our city as well. Thank you for your time, and all that you do for the city we call home. Sincerely, Robertand NataliaRice 104 Tranquilla Drive Palm Beach Gardens, FL 33418 5/24/2005 Page 1 of 1 Michael Sanchez From: Michelle Wall [michelle@etc.fm] Sent: Monday, May 23,2005 9:49 AM To: Joseph Russo; Eric Jablin; David Levy; Hal Valeche; Jody Barnett; Charles Wu; Michael Sanchez Subject: Planning & Zoning To Whom It May Concern: Good morning! My name is Michelle Wall and I am a new resident of Palm Beach Gardens. I moved into the Cypress Hollow development in July, 2004. As a member and neighbor of Christ Fellowship Church I wanted to take the time to express to you my very strong support of Christ Fellowship. I very strongly believe in what they are doing and I believe they make a very positive impact on our community. I have never before seen a church staff that cares more about its member’s and most of all about the children of the community. I myself am a single mother of a 19 month old little girl. I am so excited about what Christ Fellowship does for all of the children in the community. I look forward to having my daughter involved with the church as she grows and develops into a young adult. It gives me so much comfort to think that my daughter will grow with a wonderful group of children and caregivers and have a wonderful place to grow, learn and play!! I think all parents experience the innate fear of their children growing up in a very unpredictable world. I have much more comfort as I have seen the children involved with Christ Fellowship. The staff and volunteers at Christ Fellowship love these children so much and they really give them a wonderful, secure place to mature into adults. I am excited to see my daughter grow up in this environment and hope she has the same passion and love of the lord that these children have. Religion aside, they are loved, they are safe, and they are having fun!! I strongly support Christ Fellowship’s plan to develop the land on their current property. As a parent, a Christian, a neighbor and a resident of Palm Beach Gardens, it is apparent to me that it is a benefit to all. Sincerely, Michelle Wall 5/24/2005 Page 1 of 1 Michael Sanchez From: whajup@aol.com Sent: To: Subject: Planning and Zoning Meeting re: Christ Fellowship Monday, May 23,2005 12:35 PM Joseph Russo; Eric Jablin; David Levy; Hal Valeche; Jody Barnett; Charles Wu; Michael Sanchez My wife and I are members of Christ Fellowship. We believe in what Christ Fellowship is doing, and we know that the church is making a positive impact in our community. It is our desire that the city council support Christ Fellowship's plan to develop the vacant land on its current property. Bill and Van Aden 6019 Edgemere Ct. Palm Beach Gardens, FL 33410 5/24/2005 Page 1 of 1 Michael Sanchez From: whajup@aol.com Sent: To: Subject: Planning and Zoning Meeting re: Christ Fellowship Monday, May 23,2005 12:35 PM Joseph Russo; Eric Jablin; David Levy; Hal Valeche; Jody Barnett; Charles Wu; Michael Sanchez My wife and I are members of Christ Fellowship. We believe in what Christ Fellowship is doing, and we know that the church is making a positive impact in our community. It is our desire that the city council support Christ Fellowship's plan to develop the vacant land on its current property. Bill and Van Aden 6019 Edgemere Ct. Palm Beach Gardens, FL 33410 5/24/2005 Page 1 of 1 Michael Sanchez From: Dave Ochs [dive@aquasafari.net] Sent: To: Michael Sanchez Subject: PBG Residents in Support of Christ Fellowship Expansion Monday, May 23,2005 8:28 PM Dear Mr. Sanchez, My name is David Ochs. My wife Jane and I are residents of and registered voters in Palm Beach Gardens. We are also members of Christ Fellowship Church. I am writing to express our support of the work being done by Christ Fellowship. The work of this church is having a positive impact on not only the city of Palm Beach Gardens, but also Palm Beach county, south Florida and throughout the world. We are certainly in support of the church’s plans to expand on its existing land, and we are asking that you support this expansion as well. Thank you for your time in reading this message. Sincerely, David & Jane Ochs 31 8 Commons Way Palm Beach Gardens, FL 3341 8 561 -694-2452 5/24/2005 Page 1 of 1 Michael Sanchez From: Shirley Bonvento [amybonv@bellsouth.net] Sent: Monday, May 23,2005 10:06 PM To: Michael Sanchez Subject: Christ Fellowship Dear Mr. Sanchez, I have been a resident of Palm Beach Gardens for 34 years. I have been a member of Palm Beach Gardens Christ Fellowship for 12 years. I support the development plan of the church and hope the city council and city staff will also. Thank you for your consideration in this matter Sincerely yours, Shirley Bonvento 5/24/2005 Page 1 of2 Michael Sanchez From: Brad Wiseman Sent: To: Michael Sanchez Subject: FW: Church of Christ: variance, zoning, permitted uses Monday, May 09,2005 151 PM BRAD WISEMAN SENIOR PLANNER 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL 334 10 Phone: 561-799-4243 Fax: 56 1-799-428 1 Email: bwiseman@,Dbgfl.com From: Jeffrey Rembaum [mailto:JREMBAUM@becker-poliakoff .corn] Sent: Monday, May 09,2005 11:18 AM To: carladcramer@adelphia.net; Catnurse2O@aol.com; DONEGANS2@aol.com; Kerrynjoe@aol.com; SGHDI@aol.com; Topes11 l@aol.com; ptpl@bellsouth.net Cc: halrv@adelphia.net; jbarnett@adelphia.net; jabcorp@aol.com; srtinc@bellsouth.net; Brad Wiseman Subject: Church of Christ: variance, zoning, permitted uses For those of you who do not know me, my name is Jeff Rembaum, a land use/ community association lawyer with the law firm of Becker and Poliakoff and a Hunt Club resident. As ususal I have a meeting tonight and cannot attend. I reviewed the Hunt Club letter. I offer the following comments in my capacity as a Hunt Club resident. Because I cannot attend I am also forwarding my personal comments to several PBG commissioners. It is important, pro or con that the commissioners hear from us on these issues. Silence is often mistaken for consent. Tell them how you feel. We have a very responsive Commission but, they can only address what we as residents share with them. This is not a matter of what the church is offering. Rather, it is a matter of what each community needs to co- exist with the Church. The Church creates unique land use issues and might exceed permitted uses. A careful reading of the prior ordinances etc will reveal that the Church may or may not be honoring past promises to the City. All such past promises should be brought to the attention of the Commission. I suggest you do so to ensure that past promises be honored. My greatest concerns, in order of priority are safety, traffic and noise. 5/9/2 00 5 Page 2 of 2 I offer the following suggestions. The resolution that will be attached to the ordinance or such other conditions of approval as will be required should specify that 1) Hunt Club Drive shall remain free of church traffic. With only one method of ingress and egress it is far too dangerous to even consider sharing Hunt Club Drive with the Church. If somebody needed an ambulance for heart attack or drowning rescue would require a helicopter because we know an ambulance could not fight its way in. 2) All lighting that borders residential neighborhoods should be unidirectional and required, again by ordinance or resolution. But for Easter and Christmas no parking lights on past 1O:OO (or whatever time is reasonable). If not everyone that abuts the church property will feel like they are living in a local where the sun does not set. 3) Turn lane from Northlake to Hunt club drive should be restored as condition of approval . Should be traffic stacking for at least 6 cars in the turn lane. As it exists its too dangerous. I cannot tell you how many time I thought I was a goner while turning into our community. I was told that before the church was built the turn lane was there, but it was taken out. lT MUST BE RESTORED BEFORE SOMEONE DIES!!! 4) A 20 foot concrete sound wall should be constructed to separate Hunt club homes from Church noise and traffic. The information in this email and in any attachments is confidential and intended solely for the attention and use of the named addressee(s). This information may be subject to legal professional or other privilege or may otherwise be protected by work product immunity or other legal rules. It must not be disclosed to any person without my authority. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are not authorized to and must not disclose, copy, distribute, or retain this message or any part of it. Please visit our CALL (Community Association Leadership Lobby) website at httrx//www.callbp.com for all of the latest information impacting your community association. .......................................................... IF YOU SEND AN E-MAIL TO ANYONE AT BECKER & POLIAKOFF, P.A. AND DO NOT RECEIVE A RESPONSE WITHIN 24 HRS, PLEASE CONTACT OUR OFFICE IMMEDIATELY. .......................................................... Jeffrey A. Rembaum Becker and Poliakoff, P.A. Bank of America Centre 625 North Flagler Drive - 7th Floor West Palm Beach, FL 33401 jrembaumabecker-Doliakoff .com 561-832-8987 fax 561-655-5444 >>> <DONEGANS2@aol.com> 5/9/2005 10:44:38 AM >>> Count me in! I think it would be in Hunt Club's best interest if we could ALL attend tonight's meeting. We need to stand strong and let Christ Fellowship know that we truly care about our community. They have stated that they do want to work with us, so let's hear what they have to offer. Hope to see you all tonight! Jennifer 5/9/2005 Michael Sanchez From: Sent: To: cc: Subject: Sheryl Stewart Tuesday, May 10,2005 1058 AM Charles Ww Resident Response Team FW: Christ Fellowship Expansion Importance: High Please contact John/Kathy Wallace today and inform them about stars intent to Continue the case at tonight's PZAB meeting. Thanks. -----Original Message----- From: Patty Snider Sent: Tuesday, May 10, 2005 8:48 AM To: Resident Response Team Subject: FW: Christ Fellowship Expansion Will be placed into the notes section. Patricia Snider City Clerk City of Palm Beach Gardens Phone: 561-799-4122 Fax: 561-799-4124 Email: psnider@pbgfl.com -----Original Message----- From: Kathy Wallace [mailto:Walgroup@bellsouth.net] Sent: Monday, May 09,2005 7:34 PM To: Joseph Russo; David Levy; Hal Valeche; Eric Jablin; Jody Barnett; Ron Ferris Subject: Christ Fellowship Expansion Dear Elected Official, As*a resident of the Hunt Club, and speaking for many of my neighbors, we strongly object to Christ Fellowship's proposed changes to their restrictions and to their proposed expansion and would exhort you to vote to deny their request. I remember being at the cou,ndil meeting years ago when the church promised not to come back asking for more if they got the approval for the North Campus. Given their track record and their refqsal to answer questions regarding future plans such as a school and athletic fields, this massive expansion should be denied. As it is now, the noise from outdoor events compromises our quality of life and the dangerous traffic situation on Saturdays, Sundays and Wednesdays forces us to schedule our travel around the church schedule. Having such a huge and inappropriate usage in an upscald residential area would have dissuaded us from considering our home when we were house shopping 8 years ago and probably accounts for why realtors tell us our homes do not sell for as much as they should. Whether people consider this huge building endeavor to be a commendable thing or not, it clearly doesn't belong in the middle of quiet residential neighborhoods. Having mammoth 2 story buildings looming over our small neighborhood will hurt our property values. The intense usage planned for this facility would further erode our home values and cause inconvenience, noise and traffic problems. Some of the uses and features outlined in their published material include: a full service bookstore, a food court (restaurant?), cafe, video games, plasma TVs, pool tables, a rock climbing wall and a 1 * multipurpose room that "wilt accommpdate up to 1,000 people for large-group student activities." The impact that the neighborhoods suffer from now would be greatly increased if this development is approved. In our informational meeting with the church it was brought out that there will be classrooms to accommodate 750 people and that these facilities would also be made available to any group or organization that wishes to use them. The large tour buses that idle in the parking lot are not conducive to our quiet lifestyle here. The residents who live in this area don't feel it is acceptable to have to live next to a gymnasium and fitness center, health club and outdoor basketball and volleyball courts as well as an outdoor baptism pond. All these activities belong in a commercial area. It was further disclqsed at the meeting that in addition to the existing family members and their children this facility is intended to serve as a hub for the church's magnet campuses and as a place for teenagers from broken homes to gather. The youth oriented games and enticements that act as a magnet for teenagers from outside of P.B.G. to come and hang out at the church will place a larger burden on the city's resources, such as the police department, which has had to deal with problems in the past. They can't control the teens that now come on Wednesdqy nights so there will be even bigger security issues with the expansion. Ttie Hunt Club has already been dealing with problems caused by these teenagers in our neighborhood and has prompted the board of directors to install a new security gate at our entrance. The many residents of our surrounding communities know that the meeting tomorrow night will not be in our favor, as the church has been working closely with a high end Chicago marketing company and a local P.R. firm and has called on its many members to stack the meeting, but it should be remembered that only 1/3 of Christ Fellowship members are P.B.G. residents and it is we, the concerned citizens, who live in Palm Beach Gardens. I Thank you, John and Kathy Wallace 2 Page 1 of 2 f Michael Sanchez From: Sheryl Stewart Sent: To: Charles Wu cc: Resident Response Team Subject: Importance: High Tuesday, May 10,2005 1059 AM FW: Christ Church Fellowship Expansion Please contact Mr. Finizia and inform him about staffs intent to continue the case at tonight's PZAB meeting. From: Patty Snider Sent: Tuesday, May 10, 2005 8:46 AM To: Resident Response Team Subject: FW: Christ Church Fellowship Expansion This will be placed into the notes section. From: Frank Finizia [mailto:tfinizia@aol.com] Sent: Monday, May 09,2005 5:38 PM To: Joseph Russo; Eric Jablin; David Levy; David Levy; Hal Valeche; Jody Barnett; Ron Ferris Cc: Gardens Hunt Club Board of Directors Subject: Christ Church Fellowship Expansion Dear City Council Member, Please remember that in this matter your first responsibility is to the citizens and voters of Palm Beach Gardens and to stop thiis 'monster' from growing beyond what is already a burden to the neighboring residents and the local community. The major factors in my opposition to the proposed Christ Fellowship Church expansion are as follows: The residential nature of the surrounding neighborhoods is now and will further be compromised by what in fact is a huge non-residential institution, far beyond any typical church and more akin to an entertainment venue. Traffic, noise pollution and light spill-over is already unreasonable and will become so much worse. The proposed uses currently being requested go far beyond reasonable hours and activities typicaly associated with a church and verge on the commercial and are more like a theme-park than a church and will be ongoing, every hour of every day - events attended by thousands of people, immediatly abutting private residences of a 5/10/2005 Page 2 of 2 long established residential community with no buffer at all. Traffic is already negativly impacted by the current level of activities. It is more than a nuisance to those traveling Northlake Boulevard but also a hazard. (1 must point our one particularly disturbing personal experience. I have personaly witnessed church personnel standing in the middle of westbound Northlake Boulevard stopping and directing traffic 'assisting' one, lone PBG police officer.) Recent on-going incidents of individuals, typicly teens, slipping away from church sponsored activities and congregating on private and howmeowners association property will become an increased problem with increased activities. Interestingly, the church initialy took an 'It's not our problem' approach for quite a while and had to be strongly confronted to take any concern over the matter. Hardly the attitude of a good neighbor.. Good governance demands that you act firmly and decisivly to 1) limit the number (and type) of events allowed, 2) limit the size of events, 3) limit the hours of operation for outdoor events, 4) limit the noise from outdoor events 5) limit the amount and hours of outdoor lighting, 6) mandate a reasonable traffic plan and have competent police personnel directing the traffic - not favoring the flow to and from the 7) reinstall the right turn cut-out lane for Hunt Club Road, 8) insist upon a realistic security plan to protect neighboring residential areas from tresspassers, 9) most importantly, hold the church to observing the letter and spirit of all previously agreed-upon limitations and promises and IO) when the church says 'that's all we are going to ask for' hold them to that also. church but favoring the public on the public highways, actually to enforce compliance by the church, and I don't want to live next to what is fast becoming more like The South Florida Fairgrounds than what could be reasonably expected from a 'church'. It's time to say 'NO MORE'. I'm a regular voter in all municipal elections and will be closely watching your individual position and your voting record on this matter and will1 activly support and campaign for those who work to protect this community from more unreasonable intrusion and just as activly oppose and campaigan against those who fail to do so. Most sincerely, Frank Finizia 10285 Hunt Club Lane Palm Beach Gardens, FL 3341 8 Distribution: Mayor Joe Russo - jrusso@pbgfl.com Vice Mayor Eric Jablin - eiablin@Dbgfl.com Council Member David Levy - dlew@p bqfl.com Council Member Hal Valeche - hvaleche@pbqfl.com Council Member Jody Barnett - jbarnett@pbqfl.com City Manager Ron Ferris - rferris@pbnfl.com CC: Gardens Hunt Club Board of Directors - gardenshuntclub@adelDhia.net 511 0/2005 Board of CopQ Commissioners Addie L. Greene, Vice Chairperson Karen T. Marcus leff Koons ‘ Tony,Masilotti, Chairman County Admidstrator Robert Weisman April 21, 2005 The Honorable Joe Russo, Mayor City of Palm Beach Gardens 10500 N. Military Trail information, is a copy of a letter I recently received from Diane Mahar of Horseshoe Acres Club regarding Northlake Boulevard and Christ Fellowship Church’s proposed expansion plans. It appears that her community is working with the church in hopes of minimizing the impact the expansion will have on their community. Since the church has a large congregation the impacts have been felt by the surrounding neighborhoods. I hope that the city will keep those communities in mind when reviewing the churches plans. If you have any questions, please don’t hesitate to contact my office. 5- are T. Marcus dounty Commissioner KTMIpw Enclosure c w/enc: Charles Wu CITY OF PALM BEACH GARDENS APR 2 5 2005 PLANNING &ZONING DEPT, “An Equal Opportunity Affirmative Action Employer” P.O. Box 1989, West Palm Beach, FL 33402-1989 (561) 355-2201 FAX: (561) 355-6094 kmarcus@ p bcgov.com printed on recycled paper Bod of Copty Commissioners Addie L. Creene. Vice Chairperson Karen T. Marcus Jeff Koons ' Tony Masilotti, Chairman County Administrator Robert Weisman Warren H. Newell Mary McCarty Burt Aaronson April 21, 2005 Ms. Diane Mahar 5285 Travelers Way Palm Beach Gardens, FL 33418 Dear Ms. Mahar: I'd like to acknowledge and thank you for your letter of April 14, 2005 landscaping along Northlake Boulevard and your community. I would suggest that you have your landscape architect contact Andy Hertel directly to get the information on the County's rules for landscaping. He can be reached at 684-4100. I have also asked the County Engineer's Office to look at the speed limit on Northlake as well as any new traffic lights as you mentioned. When I receive their comments, I will be back in touch with you. Since Christ Fellowship Church is in the City of Palm Beach Gardens, I have shared your concerns with the City on their expansion plans. A copy of my letter to the Mayor is attached for your review. Thanks again for writing and I look to forward to working with your community on the landscaping plans. 1 si n cbr e I y, cob n ty Qm m i ssi o n er KTMIpw Enclosure "An Equal Opportunity Affirmative Action Employer" P.O. Box 1989, West Palm Beach, FL 33402-1989 (561) 355-2201 FAX: (561) 355-6094 km arcus @ pb cgov. co m @ printed on recycled paper c 5285 Travelers Way Palm Beach Gardens, FL 334 18 April 14,2005 Karen T. Marcus, County Commissioner 3 188 PGA Blvd. Palm Beach Gardens, FL 33410 Dear Ms. Marcus: This letter is a reply to your letter of January 26, 2005, and the information which you enclosed from Andy Hertel. Horseshoe Acres Club, Inc. is definitely interested in pursuing grant funds for landscaping purposes. The homeowners association has hired Wayne Villavaso Landscape Architecture, Inc. to draw a landscape plan for our border along Northlake Boulevard including the east and west side of Kelso Drive. Mr. Villavaso will meet with the association in the next few weeks to submit his ideas and then follow through with an appropriate plan. Please forward the information that we need to me at my home address stated above. ,- Also, please be advised that the association has entered into discussions with Christ Fellowship about what the church would be willing to do to minimize the impact of the church expansion on our community. We strongly believe that the speed limit on Northlake Boulevard should be reduced and traffic lights installed in order to provide for public safety. In reviewing the expansion plans with the church representatives, we were apprised of an additional three lane driveway on to the church property which will provide entry and exit for the substantial amount of traffic created by the expansion. This additional driveway will be built directly across Northlake from Horseshoe Acres. We are distressed about the impact the church expansion will have on our quality of life especially in view of what we are presently enduring from the existing church. We would appreciate any support and assistance that you may be able to provide in this matter. Please call me at home at 622-0532 or work at 434-8015 if you have any questions. I look forward to hearing from you soon. Sincere 1 y , Diane Mahar C: Horseshoe Acres Club Inc. Message Michael Sanchez Page 1 of 3 From: Sheryl Stewart Sent: To: Charles Wu Subject: Importance: High Tuesday, May 10,2005 2:36 PM FW: Christ Fellowship "Church" Expansion Please contact this resident and inform as others today. Thanks. From: Patty Snider Sent: Tuesday, May 10, 2005 12:27 PM To: Resident Response Team Subject: FW: Christ Fellowship "Church" Expansion From: Frank Martino [mailto:frank@martinogroup.com] Sent: Tuesday, May 10,2005 12:28 PM To: Joseph Russo; Eric Jablin; David Levy; Hal Valeche; Jody Barnett; Ron Ferris Cc: Gardenshuntclub@adelphia.net Subject: Christ Fellowship "Church" Expansion I live in the Hunt Club which is adjacent to the Christ Fellowship Church's North Campus facility. I can't tell you how many times that I have barely escaped being hit by drivers on their way to attend some function at the Church. Our turn lane is barely usable. I have difficulty, at times, going East because of fast moving Eest bound cars turning in front of my waiting car to get into the entrance lane of the "church". And it is one vehicle after another to the extent that they turn in front of me and also to the right side (sticking out into the Northern most East bound lane) and also behind me basically blocking an exit onto Hunt Club Drive. They stack up waiting for West bound traffic to clear so they can enter the church parking facility. Because these vehicles are moving quickly and I am stopped in the median, I have little chance of entering the East 5/10/2005 Message Page 2 of 3 bound lanes of Northlake during "churchi' functions. This is another traffic concern that is rarely discussed and it is an accident waiting to happen. I share the concerns of my fellow neighbors and those of neighboring communities. We are being bombarded with people, noise, traffic and unruly, beer drinking teenagers sneaking into our neighborhood. These teenagers pretend to attend church but in reality they sneak out of their teen meetings and into our Hunt Club Community park, drink beer, cause vandalism and scare our young children to the extent that we are concerned and frightened to send our children to play in our own park when "church'' servcies are being conducted. Now this "church" (really a huge business enterprise that pay no taxes with their pastor & other officers living in million dollar plus homes) is wanting to expand by adding an additional 150,000+ square foot facility and 125 new jobs. The problems caused by this planned expansion, in addition to the known traffic, noise, vandalism and crime problems the current facility causes, will only be exacerbated if you allow this expansion. This expansion, without doubt, will irreparably decrease our property values, reduce the high quality of life that we have come to expect from Palm Beach Gardens, increase traffic congestion, accidents and crime. Do your job. Protect US from the commercialization of our neighborhood and a decrease in the high quality of life we very much love and expect in Palm Beach Gardens. Enough is enough. You have been elected to run our city in a way that is both responsible and in a way that provides a benefit to the majority of your constituents, You are charged with the responsibility to positively control growth and you should and will be held accountable. Just look at the traffic, concerns and other considerations surrounding the Scripts location. Everyone affected by the location of that facility is concerned with traffic and crime. I believe that there will be nearly as many people leaving the church's facility as there will be people entering and leaving the Scripts facility. The problem is that the i'churchii is in a family neighborhood. At least Scripts will be in a commercial or rural area. This "church" says they have nearly 10,000 families as members. Think of the impact to our community if they are allowed to grow by another 150,000+ square fee, at their Northlake facility. They have grown to the WelIington/Royal Palm Beach area and also conduct services in a theater at City Place. Are all of those people now going to come to the Northlake facility? Thousands and thousands of additional people coming into our neighborhoods many times each week will cause a major problem for everyone. There has to be a better location than our neighborhood for this "church'' so that all of their members can attend in one massive facility. I have no personal problem with the church growing. I am just opposed to the fact that they are attempting to grow to such gigantic size in our suburban neighborhood. The church should be allowed to expand as much as their congregation and finances will allow, 5/10/2005 Message Page 3 of 3 but only in a more commercially zoned area where "rheir growth will not have un adverse impact on local communities and neighborhoods. AS our elected representatives, I sincerely ask you to recognize that this 'khurchtt is no longer a normal church but a huge business enterprise that needs to be relocated to a more business and commercial friendly location. I understand that this "Church'' has not kept their word when they petitioned the city to build the existing facility. If true, what can we expect next. I ask for your consideration to those of us who are not members of this "church". Members, obviously have no problem with the expansion or look past the problems tha will cause. Please come up with an alternate site so we do not have the equivalent of it a Scripts facility or a teen age rehabilitation facility or a college campus, literally, in our back yard. Thank you. Protected by a Spam Blocker Uthty. Click here to protect vow inbox from Saam. -- No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.0.308 / Virus Database: 266.11.8 - Release Date: 5/10/2005 5/10/2005 Michael Sanchez From: Sent: To: Subject: Sheryl Stewart Tuesday, May 10,2005 2:35 PM Charles Wu FW: Christ Fellowship Expansion Importance: High Please contact resident below and inform as others today. Also, shoot me a quick email to let me know that you were able to ,2ave message or make contact with them. Thanks, Sheryl -----Original Message----- From: Patty Snider Sent: Tuesday, May 10,2005 12:02 PM To: Resident Response Team Subject: Fw: Christ Fellowship Expansion Patricia Snider City Clerk City of Palm Beach Gardens Phone: 561-799-4122 Fax: 56 1-799-4 124 Email: psnider@pbgfl.com -----Original Message----- From: Laurie Adams [mailto: la@kubickidraper.com] Sent: Tuesday, May 10, 2005 9:34 AM To: David Levy; Hal Valeche; Jody Barnett; Joseph Russo; Ron Ferris; ejablin@pbjfl.com Cc: www.gardenshuntclub@adelphia.net Subject: Christ Fellowship Expansion I am a local attorney, mother, wife, and resident of the Hunt Club. I share the deep concerns of many residents in the Northlake Blvd area, close to Christ Fellowhip about the huge expansion they seek. There is no doubt that building a 100K+ square foot facility in our back yard will irreparably disrupt our quiet, suburban way of life. It will decrease our property values, increase traffic congestion, and raise crime. Unfortunately, we have had several teenagers from Christ Fellowship sneak into our development when they are supposed to be at meetings, to drink beer and party at the playground, where our small children play. Christ Fellowship has met with us about this, and even given us the names of the teenagers doing it, but obviously they will be powerless to stop it. And, with more people attending, this will only increase. They have eliminated our turning lane into the Hunt Club. When I turn into my development, there are people going 65 miles per hour right on my tail and I am terrified that one of these days I am going to get slammed. Be certain that if and when that happens to any member of my community, I will keep a copy of this email as notice to you all for purposes of future litigation. 1 As our elected representatives, I sincerely ask you to recognize that they are no longer a church but a megaloplis that belongs in a commercial area. Please come up with an alternate site so we do not have the equivalent of a college campus, literally, in our back yard. Thank you. The information contained in this e-mail message is intended for the use of the individual or entity to which it is addressed and may contain information that is proprietary, privileged, confidential, and exempt from disclosure under applicable laws. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivery to the intended recipient, you are hereby notified that any use, printing, reproduction, disclosure or dissemination of this communication may be subject to legal restriction or sanction. ---_____________________________________-------_--------------------------- ----_-__________________________________----------------------------------- 2 SI1 812005 To: Palm Beach Gardens City Council L: -21.. - - I ,II_ + :50 RCVD Subject: Petition PUD-03-0 1 - Christ Fellowship Expansion Unfortunately I can not attend the Public Hearing on the expansion plans for Christ Fellowship. As I resident of Cypress Hollow Development I would to raise my strong objections to any Mer expansion on the existing site. I have learned to live with the noise fiom the campus (particularly loud with kids on Wednesday) and the flashing police cars on Northlake (my friends always ask if there has been an accident). However there is a limit to what that property and its neighbors can tolerate. I would like your staff to go back to the first public hearing in Dwyer High School on the initial expansion plans and review the statements made by the church about future plans. There were quite a lot of untruths in that meeting with the most significant concerning traf’fic. The Church stated that cars came equally fiom the east and west (50150) yet independent studies stated otherwise (90% fiom the East and 10% from the West) which is reality. They stated they had no immediate expansion plans even though their marketing booklet showed an enlarged campus. They stated there would be limited use of the South Campus and certainly no shuttle vans which is not the case. The preliminary vote at that hearing was 4-1 against primarily due to size (Mega-Church was the term used) in a residential area. That was later reversed to 3-2 in favor at a later hearing. My key point is “enough is enough”. ..we are still talking about a residential area with a Mega-Church. They like to compare themselves to St. Ignatius, Trinity Methodist and/or St. Marks. But they all seat much less than a thousand people and do not need policemen after every sewice to exit the cars. I can live with what we got but no more expansion on this site. 9260 Cypress Hollow Drive Palm Beach Gardens, Fla. 3341 8 622-257 1 r r r I; NORM CAMPUS EXPANSION CHRIST FELLOWSHIP E r 1 . 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FLORIDA L CHRISTFELLOWSHIP - SOUTH CAMPUS b /-+hi I 6 Landscape Specifications & Planting Details ZI ........ -2 NORTH CAMPUS FXPANSION $$<$.s;g-o CHRIST FELLOWSHIP saS3$33 3 $= - I 5243 NORTHIXF BOULEVARD PALM BFACII GARDmS, FlORIDA I fj\ 1.. ....... ___- ^ .... . I - . ~ e"' , *e' i p.., ........... *.. .... p f i I/ J F NORMME ELM). lo D t 1 I ri I i i I W W le !m I Date Prepared: June 1,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 18,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING A PARCEL OF LAND CONSISTING OF APPROXIMATELY 20 ACRES, LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD APPROXIMATELY ONE MILE WEST OF MILITARY TRAIL, AS MORE PARTICULARLY TO A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF RESIDENTIAL LOW FELLOWSHIP NORTH CAMPUS PLANNED UNIT DEVELOPMENT (PUD); AMENDING ORDINANCE 20, 1997 AND ORDINANCE 23, 1999 RELATING TO THE ZONING FOR THE CHRIST FELLOWSHIP NORTH CAMPUS PLANNED UNIT DEVELOPMENT (PUD) TO TRANSFER THE SITE PLAN APPROVAL AND RELATED CONDITIONS TO RESOLUTION 83,2005; AMENDING THE ZONING DISTRICT MAP; AND PROVIDING AN EFFECTIVE DATE. DESCRIBED HEREIN, FROM RESIDENTIAL LOW DENSITY-3 (RL3) DENSITY-3 (RL3), TO BE INCLUDED IN THE CHRIST WHEREAS, on November 20, 1997, the City Council adopted Ordinance 20, 1997, thereby approving the Christ Fellowship North Campus Planned Unit Development (PUD) and the master development plan for said PUD; and WHEREAS, on July 15, 1999, the City Council adopted Ordinance 23, 1999 providing for an amendment to Ordinance 20, 1997 to allow for changes to the elevations and floor plans for the aforesaid PUD; and WHEREAS, the City has received a request from Mr. Doug Rhudy of Palm Beach Gardens Christ Fellowship, Inc. for approval of: (1) an amendment to the Christ Fellowship North Campus Planned Unit Development (PUD) to allow the incorporation into the PUD of the 20 acres of land lying immediately east of the existing North Campus and to allow the development of an approximately 159,180-square-foot expansion to the North Campus; (2) a Conditional Use for the expanded Christ Fellowship Campus; and (3) modifications to certain conditions of approval for the North Campus, generally located on the north side of Northlake Boulevard approximately one (1) mile west of Military Trail, as more particularly described herein; and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is more appropriate that the site plan approval and the conditions related thereto be transferred to Resolution 83, 2005; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Ordinance 18,2005 WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Section 1 of Ordinance 20, 1997 is amended to read: The zoninq of the followina described propertv known as the Christ Fellowship North Campus is herebv desianated as a Planned Unit Development (PUD) Overlav with an underlyinq ii LEGAL DESCRIPTION: “WEST 20 ACRES” THE EAST 653.87 FEET OF THE WEST 693.87 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88’30’27” EAST ALONG THE SOUTH LINE OF SAID SECTION 14, A DISTANCE OF 40 FEET TO THE POINT OF BEGINNING; THENCE NORTH 1’57’07” EAST ON A LINE PARALLEL TO AND 40 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 1,332.88 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14 SAID LINE ALSO BEING THE SOUTH LINE OF THE GARDENS HUNT CLUB AS RECORDED IN PLAT BOOK 59, PAGES 162 THROUGH 165, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88’25’09” EAST ALONG SAID LINE, A DISTANCE OF 653.88 FEET; THENCE SOUTH 1’57’07” WEST ALONG A LINE PARALLEL TO AND 693.87 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 1,331.87 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 88’30’27” WEST ALONG SAID SOUTH LINE, A DISTANCE OF 653.89 FEET TO THE POINT OF BEGINNING. CONTAINING 20.00 ACRES, MORE OR LESS. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 -and- “EAST 20 ACRES” THE NORTH 691.11 FEET LESS 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 NORTH lo57’07’’ EAST ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 1,332.94 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14, SAID LINE ALSO BEING THE SOUTH LINE OF THE GARDENS HUNT CLUB AS RECORDED IN PLAT BOOK 59, PAGES 162 THROUGH 165, PALM BEACH COUNTY, FLORIDA: THENCE SOUTH 88’25’09’’ EAST ALONG SAID LINE, A DISTANCE OF 693.88 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88’25’09” EAST ALONG SAID LINE, A DISTANCE OF 629.59 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE SOUTH I057’07’’ WEST ALONG SAID EAST LINE, A DISTANCE OF 691 .I 1 FEET TO A LINE 691 .I 1 FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14: THENCE NORTH 88O25’09” WEST ALONG SAID LINE, A DISTANCE OF 631 .OO FEET TO A LINE 693.87 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 1’57’07’’ EAST ALONG SAID LINE, A DISTANCE OF 691.12 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS THE NORTH 691.11 FEET THEREOF AND LESS THE WEST 693.87 FEET THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88’30’27” EAST ALONG THE SOUTH LINE OF SAID SECTION 14. A DISTANCE OF 693.89 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88O30’27’’ EAST ALONG THE SOUTH LINE OF SAID SECTION 14. A DISTANCE OF 632.30 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 1’50’07’’ EAST ALONG SAID EAST LINE, A DISTANCE OF 639.77 FEET TO A LINE 691.1 1 FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE 3 Date Prepared: June 1,2005 Ordinance 18, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Ordinance 18,2005 NORTH 88O25’09” WEST ALONG SAID LINE, A DISTANCE OF 631.00 FEET TO A LINE 693.87 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14: THENCE SOUTH 1°57’07” WEST ALONG SAID LINE, A DISTANCE OF 640.75 FEET TO THE POINT OF BEGINNING. CONTAINING 19.28 ACRES, MORE OR LESS. TOTAL LAND COMBINED CONTAINING 39.28 ACRES, MORE OR LESS. SECTION 3. Sections 2 and 3, inclusive, of Ordinance 20, 1997, and Sections 2 and 3, inclusive, of Ordinance 23, 1999 are hereby transferred to Resolution 83, 2005. Any future amendments to the development plans and/or conditions of approval shall be accomplished by Resolution of the City Council. SECTION 4. The City Manager is hereby authorized and directed to make appropriate changes on the zoning district map of the City to effectuate the purpose of this Ordinance. SECTION 5. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 4 Date Prepared: June 1,2005 Ordinance 18, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this day of , 2005, upon first reading. PASSED AND ADOPTED this day of , 2005, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Hal R. Valeche, Councilmember Jody Barnett, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LE GAL S U F F I C I E N CY BY: Christine P. Tatum, City Attorney FOR AGAINST ABSENT G:\attorney-share\ORDINANCES\christ fellowship north campus - ord 18 2005.doc 5 d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 83,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE CHRIST FELLOWSHIP NORTH CAMPUS PLANNED UNIT DEVELOPMENT (PUD), LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD APPROXIMATELY ONE MILE WEST OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, TO INCORPORATE AN ADDITIONAL 20 ACRES AND TO EXPANSION TO THE NORTH CAMPUS; GRANTING CONDITIONAL USE APPROVAL FOR THE EXPANDED CHRIST FELLOWSHIP CAMPUS; AMENDING CERTAIN CONDITIONS OF APPROVAL FOR THE NORTH CAMPUS; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. ALLOW THE DEVELOPMENT OF A 159,180-SQUARE-FOOT WHEREAS, on November 20, 1997, the City Council adopted Ordinance 20, 1997, thereby approving the Christ Fellowship North Campus Planned Unit Development (PUD) and the master development plan for said PUD; and WHEREAS, on July 15, 1999, the City Council adopted Ordinance 23, 1999 amending Ordinance 20, 1997 to allow for changes to the elevations and floor plans for the aforesaid PUD; and WHEREAS, the City has received a request (Petitions PUD-01-03 & PUD 03-01) from Mr. Doug Rhudy of Palm Beach Gardens Christ Fellowship, Inc. for approval of: (1) an amendment to the Christ Fellowship North Campus Planned Unit Development (PUD) to allow the incorporation of 20 acres of land lying immediately east of the existing North Campus into the PUD to facilitate the development of a 159,180-square- foot expansion to the North Campus; (2) a conditional use for the expanded Christ Fellowship Campus; and (3) the deletion of certain conditions of approval for the North Campus, generally located on the north side of Northlake Boulevard approximately one (1) mile west of Military Trail, as more particularly described herein; and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and is consistent with the City's Land Development Regulations and Comprehensive Plan, and has recommended approval; and WHEREAS, by adoption of Ordinance 18, 2005, the City Council determined that the site plan approvals and related conditions for the Christ Fellowship North Campus PUD contained in Ordinance 20, 1997 and Ordinance 23, 1999 shall be transferred to this Resolution; and Date Prepared: June 1,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Resolution 83,2005 WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The amended Master Development Plan for the Christ Fellowship North Campus Planned Unit Development is hereby APPROVED on the following described real property to permit the following development: 0 a 159,180-square-foot expansion of ancillary uses to an existing religious institute on the existing North Campus; and 0 a conditional use approval for the entire 40-acre Christ Fellowship North Campus PUD on an approximately 40-acre site located along the north side of Northlake Boulevard approximately one (1) mile west of Military Trail, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: “WEST 20 ACRES” 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 88O30’27” EAST ALONG THE SOUTH LINE OF SAID SECTION 14, A DISTANCE OF 40 FEET TO THE POINT OF BEGINNING; THENCE NORTH 1O57’07” 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 1,332.88 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14 SAID LINE ALSO BEING THE SOUTH LINE OF THE GARDENS HUNT CLUB AS RECORDED IN PLAT BOOK 59, 2 Date Prepared: June 1,2005 Resolution 83,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PAGES 162 THROUGH 165, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88’25’09” EAST ALONG SAID LINE, A DISTANCE OF 653.88 FEET; THENCE SOUTH 1’57’07” WEST ALONG A LINE PARALLEL TO AND 693.87 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 1,331.87 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 88’30’27” WEST ALONG SAID SOUTH LINE, A DISTANCE OF 653.89 FEET TO THE POINT OF BEGINNING. CONTAINING 20.00 ACRES, MORE OR LESS. -and- “EAST 20 ACRES” THE NORTH 691.11 FEET LESS 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 NORTH 1’57’07” EAST ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 1,332.94 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14, SAID LINE ALSO BEING THE SOUTH LINE OF THE GARDENS HUNT CLUB AS RECORDED IN PLAT BOOK 59, PAGES 162 THROUGH 165, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88°25’09” EAST ALONG SAID LINE, A DISTANCE OF 693.88 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88’25’09’’ EAST ALONG SAID LINE, A DISTANCE OF 629.59 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE SOUTH 1’57’07’’ WEST ALONG SAID EAST LINE, A DISTANCE OF 691.11 FEET TO A LINE 691.11 FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 88°25’09’’ WEST ALONG SAID LINE, A DISTANCE OF 631 .OO FEET TO A LINE 693.87 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 1’57’07” EAST ALONG SAID LINE, A DISTANCE OF 691.12 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS THE NORTH 691.11 FEET THEREOF AND LESS THE WEST 693.87 FEET THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 3 Date Prepared: June 1,2005 Resolution 83,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH ‘88’30’27” EAST ALONG THE SOUTH LINE OF SAID SECTION 14, A DISTANCE OF 693.89 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88’30’27’’ EAST ALONG THE SOUTH LINE OF SAID SECTION 14, A DISTANCE OF 632.30 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 1’50’07” EAST ALONG SAID EAST LINE, A DISTANCE OF 639.77 FEET TO A LINE 691 .I 1 FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 88’25’09” WEST ALONG SAID LINE, A DISTANCE OF 631.00 FEET TO A LINE 693.87 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE SOUTH 1’57’07” WEST ALONG SAID LINE, A DISTANCE OF 640.75 FEET TO THE POINT OF BEGINNING. CONTAINING 19.28 ACRES, MORE OR LESS. TOTAL LAND COMBINED CONTAINING 39.28 ACRES, MORE OR LESS. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following five (5) waivers: 1. 2. 3. 4. 5. Section 78-315(b) of the City’s LDRs, entitled Landscape islands, to allow for more than nine (9) parking spaces in a row without the inclusion of a landscape island. Section 78-414 of the City’s LDRs, entitled Number of spaces required (bicycle parking), to allow for 48 bicycle parking spaces. Section 78-141 of the City’s LDRs, entitled Residential zoning district regulations, to allow for a building height of 38 feet, 10 inches. Section 78-1 59(j)(49) of the City’s LDRs, entitled Additional standards, to allow for 1,086 grassed parking spaces (59% of required parking). Section 78-344 (1)(1) of the City’s LDRs, entitled Minimum dimensions (of off-street parking), to allow for 777 parking spaces at 9.5 feet in width. SECTION 4. Said Planned Unit Development is approved subject to the following amended conditions, which shall be the responsibility of the applicant, its successors, or assigns: Traffic 1. The four (4) traffic lanes located at the western portion of the site which provide access to/from Northlake Boulevard shall be utilized as follows: 4 Date Prepared: June 1,2005 Resolution 83,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 a) Following all services and events, traffic cones or other similar traffic devices shall be utilized so as to limit ingress to the site to one (1) lane; egress shall be provided via two (2) left-turn lanes and one (1) right-turn lane. NO LONGER APPLICABLE. b) During all other times, two (2) lanes shall be used as inbound lanes and two (2) lanes shall be used as outbound lanes. NO LONGER APPL I CAB LE. 2. The owner or successor shall utilize police or equally-trained officials at all ingress and egress points along Northlake Boulevard for the management of traffic flow and direction before and after all events, including regularly scheduled events. The petitioner shall maintain a minimum of four (41 #wee &I police or equally-trained officials at all times for the direction and control of traffic entering and exiting the site in accordance with the recommendations made bv the Citv’s traffic consultant, MTP Group, Inc., in the memorandum dated March 15, 2005, prepared bv MTP Group, Inc.. on file with the Citv’s Growth Management Department. The petitioner shall adiust and provide the appropriate number of police officers required for traffic circulation manaqement as based on the vawinq field conditions and police officer recommendations. As a guideline, traffic on Northlake Boulevard shall not be stopped for more than ninety (90) seconds during the traffic control period. Prioritv shall be given to Hunt Club Drive with regard to traffic management and access onto Northlake Boulevard in an effort to minimize the impact on surroundinq residents. (Planning & Zoning) 3. The applicant shall comply with the following conditions and recommendations outlined in the memoranda prepared bv the Citv’s traffic consultant, MTP Group, Inc., dated Julv 29, 2004, and March 15, 2005, on file with the Citv’s Growth Management Department: a) Prior to the issuance of the first Certificate of Occupancy for the new buildings, the applicant shall convert the existing exclusive westbound right-turn lane to a shared throughhight-turn lane at the intersection of Northlake Boulevard and Military Trail. b) The Sundav service shall be moved from 11 :45 a.m. to 12:OO noon. The required time between services may be modified bv the Growth Management Administrator, as necessary, to improve traffic operations. c) Traffic circulation on site shall be in accordance with the Traffic Operation Plan on file with the Citv’s Growth Management Department. Said traffic plan may be amended bv the Citv’s Police Chief and/or Citv Enqineer as appropriate for traffic operations. 5 Date Prepared: June 1,2005 Resolution 83,2005 1 2 3 4 5 4. Prior to construction plan approval and the issuance of the first land 6 alteration permit, the applicant shall prepare plans and submit an application 7 to Palm Beach Countv Traffic Division for review and approval of a 8 manuallv-operable traffic signal at the east entrance to the site. (City 9 Enqineer. Planning & Zoninq) 10 11 12 13 14 & Zoninq) 15 16 6. 17 18 19 20 d) The applicant shall, with trained personnel, monitor traffic conditions at the driveways, as well as internal traffic circulation, to minimize traffic impact to Northlake Boulevard. (Citv Engineer) 5. Prior to the issuance of the first certificate of occupancy, the applicant shall install a manuallv-operable traffic siqnal at the east project entrance, as approved bv Palm Beach Countv Traffic Division. (Citv Enqineer, Planning Prior to construction plan approval, the applicant shall provide suretv for signalization of the east entrance. Per LDR Section 78-309, the required suretv shall be based on a cost estimate for the project improvement. The cost estimate shall be signed and sealed bv an engineer registered in the State of Florida. Suretv will be based on 110Y0 of the total approved cost 21 22 estimates and shall be posted with the Citv prior to the issuance of the first building permit. (Citv Engineer) 23 24 Enqineering 25 26 Prior to the issuance of the first building permit, a boundary plat shall have 27 been prepared, approved by City Council, and recorded in the public 28 records of Palm Beach County. REPLACED BY NEW CONDITION. 29 30 Prior to the issuance of the first building permit, all necessary permits shall 31 have been obtained from South Florida Water Management District 32 (SFWMD), Health and Rehabilitative Services, and Palm Beach County. 33 (City Engineer) 34 35 36 37 38 39 40 approvals. (Citv Engineer) 41 42 11. Prior to construction plan approval and the issuance of the first buildinq 43 permit, the applicant shall provide suretv for public infrastructure and all 44 landscaping and irriqation costs. Per LDR Section 78-309, the required 45 suretv shall be based on a cost estimate for the proiect, includinq public 46 infrastructure and all landscaping and irrigation costs, for review and 7. 8. 9. Prior to the issuance of the first building permit, the property owner or successor must obtain a driveway connection permit from Palm Beach County for the Northlake Boulevard entrance. (City Engineer) IO. The applicant shall copv to the Citv all permit applications, certifications. and 6 Date Prepared: June 1,2005 Resolution 83, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Police approval bv the Citv in order to establish suretv. The cost estimate shall be siqned and sealed bv an engineer and landscape architect reqistered in the State of Florida. Surety will be based on 110% of the total combined approved cost estimates and shall be posted with the Citv prior to the issuance of the first building permit. (Citv Engineer) 12. Prior to construction plan approval and the issuance of the first buildinq permit, the applicant shall provide a cost estimate for the on-site proiect improvements, not including public infrastructure, landscapinq, and irrigation costs, for review and approval bv the Citv. The cost estimate shall be siqned and sealed bv an enqineer registered in the State of Florida and shall be posted with the Citv prior to the issuance of the first building permit. /Bu ild ing Department) 13. Prior to construction plan approval and the issuance of the first land alteration or buildinq permit, the applicant shall schedule a pre-permit meetinq with Citv staff. (Citv Enqineer) 14. Bv (sixty (60) davs from the effective date of this Resolution), the applicant shall submit a revised photometric plan, siqned and sealed bv an enqineer registered in the State of Florida, for review and approval bv the Citv Engineer. Said plan shall be approved bv wav of an administrative approval so lonq as the plan is consistent with the requirements of the LDRs and shall be approved prior to the issuance of the first building permit. (Citv Engineer) 15. Prior to construction plan approval, the applicant shall provide adequate response to drainage concerns, includina. but not limited to, showinq on the engineering plans and constructing two 8” x 8” weep holes within the 6’ wall for each adjacent Hunt Club lot (28 total weep holes), per SFWMD specifications, as outlined at the March 11, 2004, meeting with SFWMD and the City Engineer. (Citv Enqineer) 16. Lighting shall not conflict with landscaping, including lonq-term tree qrowth. [Police Department) 17. All liqhtinq for streets, parking lots, and pedestrian walkwavs shall be metal halide. Metal halide lightinq shall. be used for the multi-use pathways and sidewalks within the site and shall be lit at a minimum of 0.6-foot candles. (Police Department) 18. Non-qlare buildinq liqhtinq shall be installed around the entire building perimeter and on pedestrian walkwavs. (Police Department) 7 Date Prepared: June 1,2005 Resolution 83,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 19. Entw signage shall be lighted. (Police Department) 20. Timer clock or photocell lighting shall be provided for nighttime use above or near entwavs and all exits, includinq emergency exits. (Police Department) 21. Numerical addresses shall: (1) be unobstructed: (2) be illuminated for nighttime visibilitv: and (3) have bi-directional visibilitv from the roadway. (Police Department) 22. All structures shall use the followins target hardening techniques: a) Buildings shall be pre-wired for an alarm svstem. b) Doors shall be equipped with metal plates over the threshold of the lockinq mechanism. c) Glass perimeter doors shall be equipped with case hardened quard rings to protect the mortise lock cylinder. d) Rear doors shall have 180-degree peephole viewers. e) All perimeter doors shall be equipped with hinqes that utilize non- removable hinqe pins. (Police Department) Landscapinq .. . 23. 4%mpwsy The owner or successor shall be responsible for the perpetual maintenance of saki landscaping within the Hunt Club Drive right-of-way from Northlake Boulevard to the northern terminus of the church property. (City Forester) 24. 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 ~cct tkc 4-u" cf fe&pt-d .. .. pave the parkinq area within one-hundred-einhtv (180) days of receipt of written notice bv the Citv. All such paving shall be conducted according to City standards at the time of paving. All costs shall be the responsibility of the owner or successor. At the time of pavinq. a landscape island shall be installed for even/ nine (9) parkinq spaces located in a row within the areas being paved. (City Forester) 8 Date Prepared: June 1,2005 Resolution 83, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 25. Bv (six (6) months from the effective date of this Resolution), the property owner shall reimburse the Citv for the Citv’s cost to install all landscapinq and irriqation within the Northlake Boulevard medians extendinq from the eastern terminus of the propertv to Hunt Club Drive. [Citv Forester) 26. The applicant, successors, or assigns shall be responsible for payment to the City of their annual fair share of the maintenance of the Northlake Boulevard medians extendinq from the eastern terminus of the propertv to Hunt Club Drive. (Citv Forester) 27. Bv (three (3) months from the effective date of this Resolution), the propertv owner shall replace all landscapinq removed due to its death, disease, damage, insect infestation, or hurricane damage, as shown on the approved landscape plan for the west parcel. (Citv Forester) 28. BV (six (6) months from the effective date of this Resolution), the propertv owner shall remove all prohibited and invasive non-native plants from the propertv. (Citv Forester) 29. Prior to the issuance of the first buildinq permit, the applicant shall update the landscape plan to a scale of 1” = 20’. (Citv Forester) 30. Prior to the issuance of the first buildinq permit, the applicant shall erect and maintain protective barriers around the drip line of trees adiacent to proposed improvements. All work shall be inspected and approved bv the Landscape Architect of Record and the Citv Forester. (Citv Forester) 31. All trees or plants proposed for relocation that die as a result of relocation shall be replaced using the following schedule: for every inch of tree caliper lost, three (3) inches of new tree caliper shall be replaced with a like specie. Palms shall be replaced with like specie, one (1) for one (I), with a minimum ten (IO) foot heiqht. Shrubs shall be replaced with like specie, one (1) for one (I), with a minimum 30-inch heiqht. If the site cannot support the total number of replacement trees as required above, the Citv Council mav permit the developer to donate excess trees to the Citv for plantinq on public lands. (Citv Forester) Planninq and Zoninq 32. The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750. (Code Enforcement) 9 Date Prepared: June 1,2005 Resolution 83,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 33. Prior to the issuance of the first building permit, the petitioner shall submit a revised lighting photometric plan, indicating maximum 20-foot-high light poles, for the City's approval. REPLACED BY NEW CONDITION. 34. Prior to the issuance of the certificate of occupancy, the petitioner shall erect a six (6) foot wall along the entire && northem property line of the - site. (Planning & Zoning) .. .. 35. *cm 4 No parking of vehicles shall occur in the retention area north of the northernmost parking lot and knrm. (City Forester) c3Q U" .. 36. All conditions from Ordinance 20, 1997 shall remain in full force and effect. (Planning & Zoning) NO LONGER APPLICABLE 37. The northern open space shall be used for recreational open space. No drive-aisles shall be extended to the northern green area ew%si#c t.3 #m ea& without approval by City Council. (Planning & Zoning) 38. The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including services on Christmas Day and Easter Sunday, and for no more than si++j three (3) additional events per calendar year. The church sanctuary and related facilities shall not be leased, rented, or in any way 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. (Planninq & Zoninq, Code Enforcement) 39. All applicable municipal and county impact fees shall be payable contemporaneous with issuance of the-#kd any building permit for vertical construction. (Planninq & Zoning, Building Official) 40. The owner or successor shall not utilize a loudspeaker, sound amplifier, radio, phonograph, or similar sound amplifying device to emit any form of sound outside the church sanctuary and related facilities. (Planninq & Zonina Code Enforcement) 41. No buildings on site -v A ad43 shall net be used as overflow areas or for supplemental seating for presentations, programs, or sermons conducted in the sanctuary. (Planning & Zoninq, Code Enforcement) 10 Date Prepared: June 1,2005 Resolution 83,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 42. Simultaneous broadcasts of presentations, programs, or sermons conducted in the sanctuary to any other remete location on the North and South Campus- CY dktte- ’ , shall be prohibited. (Planninq & Zoning, Cod e Enforcement) 43. Building A shall be limited to a capacity of 452 people. (Planninq & Zoning, Code Enforcement) 44. The applicant shall place the utilities alonq Northlake Boulevard underqround from the eastern terminus of the North Campus to Hunt Club Drive. (Planninq & Zoning) 45. All audible noise on site shall not exceed applicable noise and decibel requirements set forth in the City’s Code of Ordinances. (Planninq & Zon i nq ) 46. All rooftop mechanical equipment shall be screened from view. (Planninq & Zoninq) 47. Prior to the issuance of the first certificate of occupancy, the property shall be replatted to include the entire site. (Planning & Zoning) 48. Prior to the issuance of the first building permit, the applicant shall comply with Section 78-262 of the Citv Code relative to Art in Public Places. The applicant shall provide art on site or make a payment in lieu thereof. The Art in Public Places Advisow Board shall review and make a recommendation to the Citv Council on any proposed art on site. If the applicant is providing public art on site, the art shall be installed prior to the issuance of the first certificate of occupancy. (Planning & Zoninq) 49. Required digital files of the approved replat shall be submitted to the Planninq and Zoninq Division prior to the issuance of the first certificate of occupancy, and approved civil design and architectural drawings shall be submitted prior to the issuance of the first certificate of occupancy. (GIs Manaqer, Development Compliance Officer) 50. There shall be no vehicular access from the North Campus to the vacant property owned by the church located to the northeast of the North Campus until such time when said property is annexed into the City. (Planning & Zoning) 51. Prior to the issuance of the first buildinq permit, the applicant shall explore opportunities to utilize sound absorbing/dampening building materials in the new buildinqs and provide, in writina details of the materials/methods to be utilized to reduce the impact relative to sound on adiacent properties. [Planning & Zoning) 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Resolution 83,2005 52. Anv outdoor recreational facilities constructed on the North Campus shall be processed as a Maior Amendment to the PUD pursuant to the Citv’s Land Development Requlations. (Planning & Zoninq) 53. The build-out date for this proiect is December 31, 2006. (Planning & Zo n i ng ) SECTION 5. Said Planned Unit Development shall be constructed in compliance with the following plans, as amended herein, on file with the City’s Growth Management Department: 1. October 28, 1997, Conceptual Floor Plan and Section, Glenn Pate & Associates, 2 sheets. 2. November 14, 1997, Landscape Plan, George G. Gentile & Associates, Sheet L-I. 3. January 24, 1997, Landscape Elevations, George G. Gentile & Associates, Sheet L-2. 4. February 21, 1997, Landscape Elevations, George G. Gentile & Associates, Sheets L-3 through L-5. 5. November 3, 1997, Irrigation Plan, George G. Gentile & Associates, Sheet I- 1. 6. September 30, 1997, Conceptual Drainage Plan, Kimley-Horn and Associates, Sheet C-I .O. 7. March 19, 1999, Architectural Site Plan, Glenn Pate & Associates, Sheet SP- 1. 8. May 18, 1999, Building B Elevations (Children’s Education), Glenn Pate & Associates, Sheet A-I . 9. June 25, 1999, Building B Floor Plan, Glenn Pate & Associates. IO. May 18, 1999, Building A Floor Plan (Youth Ministry), Glenn Pate & Associates, Sheet A-2. 1 1. May 18, 1999, Building A Elevations, Glenn Pate & Associates, Sheet A-3. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Resolution 83,2005 12. May 18, 1999, Building C Elevations, Glenn Pate & Associates, Sheets A-4, A-5. 13. May 11 , 1999, Letter from Glenn Pate & Associates. 14. Site Plan: Sheets ASP-I throuqh ASP-3, prepared bv Pate, Chernin and Associates, last revised on Mav 24, 2005, and received and stamped bv the Citv on June 1,2005. 15. Landscape Plan: Sheets L-1 & L-2. prepared bv Gentile, Hollowav, O’Mahonev & Associates, Inc., last revised on Mav 31, 2005, and received and stamped bv the Citv on June 1,2005. 16. Conceptual Floor Plans: Sheets A-1 & A-2, prepared bv Pate, Chernin and , Associates, last revised on Februarv 23, 2004, and received and stamped bv the Citv on Mav 18,2005. 17. Roof Plan: Sheet A-3, prepared bv Pate, Chernin and Associates, last revised on November 22, 2004, and received and stamped bv the Citv on Mav 18,2005. 18. Buildinq Elevations: Sheets A-4 throuqh A-6, prepared bv Pate, Chernin and Associates, last revised on November 22, 2004, and received and stamped bv the Citv on Mav 18,2005. SECTION 6. All future amendments to the Christ Fellowship North Campus PUD shall be approved by resolution. SECTION 7. Said approval shall be consistent with all representations made by the applicant or applicant’s agents at any workshop or public hearing. SECTION 8. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 13 Date Prepared: June 1,2005 Resolution 83,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: AYE NAY ABSENT MAYOR RUSSO --- VICE MAYOR JABLIN --- COUNCILMEMBERLEVY --- COUNCILMEMBERVALECHE --- COUNCILMEMBER BARNETT --- \\Pbgsfile\Attorney\attorney_share\RESOLUTlONS\christ fellowship - north campus - reso 83 2005.doc 14 d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 19,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING ORDINANCE 30, 1990, ORDINANCE 34, 1999, AND ORDINANCE 51, 1999 RELATING TO THE ZONING FOR THE CHRIST FELLOWSHIP SOUTH CAMPUS TO TRANSFER THE CONDITIONAL USE APPROVAL AND RELATED CONDITIONS TO RESOLUTION 84, 2005; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 20, 1990, the City Council adopted Ordinance 30, 1990, thereby approving a rezoning and Conditional Use for the Christ Fellowship South Campus (the “South Campus”) to allow for a church, a preschool, and accessory uses thereto; and WHEREAS, on January 30, 1991, the City Council adopted Resolution 13, 1991 providing site plan approval for the South Campus; and WHEREAS, on August 27, 1999, the City Council adopted Ordinance 34, 1999 approving an amendment to Ordinance 30, 1990 to allow for an increase in capacity on the South Campus; and WHEREAS, on January 20, 2000, the City Council adopted Ordinance 51, 1999 approving an amendment to Ordinance 34, 1999 allowing for an extension to a date certain condition of approval relating to the calculation of the parking requirements on the South Campus; and WHEREAS, the City has received a request (Petitions CU-01-06 & SP-01-44) from Mr. Doug Rhudy of Palm Beach Gardens Christ Fellowship, Inc. for amendments to the site plan and Conditional Use approval for the Christ Fellowship South Campus to allow for the deletion of certain conditions of approval; and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is more appropriate that the Conditional Use approval and related conditions related thereto be transferred to Resolution 84, 2005; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. Date Prepared: June 1,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Ordinance 19.2005 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Section 1 of Ordinance 30, 1990 is amended to read: The zoninq of the followinq described propertv known as the Christ Fellowship South Campus is hereby designated as Residential Low Density-I (RLI): T!x .. . LEGAL DESCRIPTION: SOUTH CAMPUS PARCEL 1 A PARCEL OF LAND LYING AND BEING IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 42 SOUTH, 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 OOO3’46” 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 RIGHT-OF-WAY LINE A DISTANCE OF 1,606.00 FEET TO THE POINT OF BEGINNING AND THE NORTHEAST CORNER OF THE HEREINAFTER DESCRIBED PARCEL; THENCE OF 306.48 FEET TO A POINT; THENCE SOUTH A DISTANCE OF 550.00 FEET TO A POINT; THENCE 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 AND A CENTRAL ANGLE OF 15O49’36”, A DISTANCE OF 151.93 FEET TO A POINT; THENCE NORTH A DISTANCE OF 534.65 FEET TO THE POINT OF BEGINNING. CONTINUE WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE LESS THE SOUTH 50 FEET THEREOF FOR CANAL RIGHT-OF-WAY AS CONVEYED BY RIGHT-OF-WAY DEED RECORDED IN OFFICIAL RECORD BOOK 1861, PAGE 241, AND LESS THE NORTH 30 FEET THEREOF AS CONVEYED BY RIGHT-OF-WAY DEED RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 1253. 2 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Ordinance 19, 2005 PARCEL 2 LOT IN “NOT INCLUDED’’ PART OF UNRECORDED PLAT OF HORSESHOE ACRES MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF SECTION 23 IN TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH ALONG THE WEST LINE OF SAID EAST HALF OF SECTION 23 OF AN ASSUMED BEARING 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; THENCE AT BEARING DUE EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 587.96 FEET TO THE NORTHWEST CORNER OF THE PARCEL DESCRIBED HEREIN AND THE POINT OF BEGINNING; THENCE CONTINUE AT BEARING DUE EAST A DISTANCE OF 150 FEET TO A POINT; THENCE AT BEARING DUE SOUTH A DISTANCE 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 POINT; THENCE AT BEARING DUE NORTH A DISTANCE OF 500 FEET TO THE POINT OF BEGINNING. LESS THE NORTH 30 FEET THEREOF AS CONVEYED TO RIGHT-OF-WAY DEED RECORDED IN OFFICIAL RECORD BOOK 41 71, PAGE 1253. TOGETHER WITH: A PARCEL OF LAND LYING AND BEING IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 42 SOUTH, 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 0’09’46’’ 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 OF LAKE PARK WEST ROAD AS NOW LAID OUT AND IN USE; THENCE WEST ALONG SAID SOUTHERN RIGHT-OF-WAY LINE A DISTANCE OF 1,607.00 FEET TO THE POINT OF BEGINNING AND THE NORTHEAST CORNER OF THE HEREINAFTER DESCRIBED PARCEL; THENCE OF 306.48 FEET TO A POINT; THENCE SOUTH A DISTANCE OF 550.00 FEET TO A POINT; THENCE 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 550 FEET AND A CENTRAL ANGLE OF 15’49’36” A DISTANCE OF 151.93 FEET TO A POINT; THENCE NORTH A DISTANCE OF 529.15 FEET TO A POINT OF BEGINNING, LESS THE FOLLOWING DESCRIBED PARCEL: FROM THE NORTHEAST SECTION CORNER OF SAID SECTION 23, TOWNSHIP 42 SOUTH, RANGE 42 EAST, THENCE SOUTH 0’09’46” WEST, ALONG THE EAST LINE OF SAID SECTION 23, A DISTANCE OF CONTINUE WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE 107.45 FEET TO A POINT LYING ON THE SOUTHERN RIGHT-OF-WAY LINE OF 3 Date Prepared: June 1,2005 Ordinance 19, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 LAKE PARK WEST ROAD, AS NOW LAID OUT AND IN USE; THENCE WEST THE POINT OF BEGINNING AND THE NORTHEAST CORNER OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE WEST ALONG SAID THENCE SOUTH A DISTANCE OF 500.00 FEET TO A POINT; THENCE 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 500.00 FEET AND A CENTRAL ANGLE OF 17”27’27”, A DISTANCE OF 152.35 FEET TO A POINT; THENCE NORTHERN A DISTANCE OF 476.97 FEET TO THE POINT OF BEGINNING. ALONG SAID SOUTHERN RIGHT-OF-WAY LINE A DISTANCE OF 1607.00 FEET TO SOUTHERN RIGHT-OF-WAY LINE A DISTANCE OF 306.48 FEET TO A POINT; TOGETHER WITH: A PARCEL OF LAND LYING AND BEING IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF SAID SECTION 23; THENCE SOUTH ALONG THE WEST LINE OF SAID EAST HALF OF SECTION 23 ON AN ASSUMED 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; THENCE BEARING EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 737.96 FEET TO A POINT 1913.48 FEET WESTERLY OF THE EAST THENCE SOUTH A DISTANCE OF 500.00 FEET TO THE NORTH LINE OF THE 1855, PAGE 1378, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE SOUTH 50.00 FEET TO THE CENTERLINE OF CANAL NO. 1; THENCE WEST, ALONG SAID CENTERLINE, A DISTANCE OF 150.00 FEET TO A LINE OF SAID SECTION 23 (AS MEASURED ALONG SAID RIGHT-OF-WAY LINE); RIGHT-OF-WAY FOR CANAL NO. 1 AS RECORDED IN OFFICIAL RECORD BOOK POINT; THENCE NORTH 50.00 FEET TO SAID NORTH RIGHT-OF-WAY OF CANAL NO. 1; THENCE EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5.413 ACRES, MORE OR LESS. SECTION 3. Sections 4 and 5, inclusive, of Ordinance 34, 1999 and Sections 1 and 2, inclusive, of Ordinance 51 , 1999 are hereby transferred to Resolution 84, 2005. Any future amendments to the Conditional Use, site plan, and/or conditions of approval shall be accomplished by Resolution of the City Council. SECTION 4. This Ordinance shall become effective immediately upon adoption. 4 Date Prepared: June 1,2005 Ordinance 19, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this day of , 2005, upon first reading. PASSED AND ADOPTED this day of ,2005, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Hal R. Valeche, Councilmember Jody Barnett, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFl ClE NCY BY: Christine P. Tatum, City Attorney FOR G:\attorney-share\ORDINANCES\christ fellowship south campus - ord 19 2005.doc AGAINST ABSENT d 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 RESOLUTION 84,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE CHRIST FELLOWSHIP SOUTH CAMPUS CONDITIONAL USE AND SITE PLAN APPROVAL, LOCATED ON THE SOUTH SIDE OF NORTHLAKE BOULEVARD APPROXIMATELY ONE MILE WEST OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW FOR THE DELETION OF A CONDITION OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 20, 1990, the City Council adopted Ordinance 30, 1990, thereby approving a rezoning and conditional use for the Christ Fellowship South Campus (the “South Campus”) to allow for a church, a preschool, and accessory uses thereto; and WHEREAS, on January 30, 1991, the City Council adopted Resolution 13, 1991 providing site plan approval for the South Campus; and WHEREAS, on August 27, 1999, and January 20, 2000, the City Council adopted Ordinance 34, 1999 and Ordinance 51, 1999, respectively, approving amendments to the conditional use approval (Ordinance 30, 1990) for the South Campus; and WHEREAS, on November 4, 1999, and January 20, 2000, the City Council adopted Resolution 86, 1999 and Resolution 5, 2000, respectively, approving amendments to the site plan approval (Resolution 13, 1991) for the South Campus; and WHEREAS, the City has received a request (Petitions CU-01-06 & SP-01-44) from Mr. Doug Rhudy of Palm Beach Gardens Christ Fellowship, Inc. for amendments to the site plan and conditional use approval for the Christ Fellowship South Campus to allow for the deletion of certain conditions of approval; and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and is consistent with the City’s Land Development Regulations, and has recommended approval; and WHEREAS, by adoption of Ordinance 19, 2005, the City Council has determined that the conditional use approval and related conditions for the South Campus contained in Ordinance 34, 1999 and Ordinance 51, I999 shall be transferred to this Resolution; and Date Prepared: June 1,2005 Resolution 84, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City Council has considered the evidence and testimony presented by the petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The amendment to the Christ Fellowship South Campus conditional use is hereby APPROVED on the following described real property to permit the following development, subject to the conditions of approval provided herein: 0 576-seat sanctuary (Ordinance 34, 1999) use of the residence as a youth center (Ordinance 34, 1999) LEGAL DESCRIPTION: SOUTH CAMPUS PARCEL 1 A PARCEL OF LAND LYING AND BEING IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 42 SOUTH, 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 RIGHT-OF-WAY LINE A DISTANCE OF 1,606.00 FEET TO THE POINT OF BEGINNING AND THE NORTHEAST CORNER OF THE HEREINAFTER DESCRIBED PARCEL; THENCE OF 306.48 FEET TO A POINT; THENCE SOUTH A DISTANCE OF 550.00 FEET TO A POINT; THENCE 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 AND A CENTRAL ANGLE OF 15’49’36”, A DISTANCE OF 151.93 FEET TO A POINT; THENCE NORTH A DISTANCE OF 534.65 FEET TO THE POINT OF BEGINNING. CONTINUE WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Resolution 84,2005 LESS THE SOUTH 50 FEET THEREOF FOR CANAL RIGHT-OF-WAY AS CONVEYED BY RIGHT-OF-WAY DEED RECORDED IN OFFICIAL RECORD BOOK 1861, PAGE 241, AND LESS THE NORTH 30 FEET THEREOF AS CONVEYED BY PARCEL 2. RIGHT-OF-WAY DEED RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 1253. LOT IN “NOT INCLUDED” PART OF UNRECORDED PLAT OF HORSESHOE ACRES, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF SECTION 23 IN TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH ALONG THE WEST LINE OF SAID EAST HALF OF SECTION 23 OF AN ASSUMED BEARING 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; THENCE AT BEARING DUE EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 587.96 FEET TO THE NORTHWEST CORNER OF THE PARCEL DESCRIBED HEREIN AND THE POINT OF BEGINNING; THENCE CONTINUE AT BEARING DUE EAST A DISTANCE OF 150 FEET TO A POINT; THENCE AT BEARING DUE SOUTH A DISTANCE 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 POINT; THENCE AT BEARING DUE NORTH A DISTANCE OF 500 FEET TO THE POINT OF BEGINNING. LESS THE NORTH 30 FEET THEREOF AS CONVEYED TO RIGHT-OF-WAY DEED RECORDED IN OFFICIAL RECORD BOOK 41 71 , PAGE 1253. TOGETHER WITH: A PARCEL OF LAND LYING AND BEING IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 42 SOUTH, 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 0’09’46” 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 OF LAKE PARK WEST ROAD AS NOW LAID OUT AND IN USE; THENCE WEST ALONG SAID SOUTHERN RIGHT-OF-WAY LINE A DISTANCE OF 1,607.00 FEET TO THE POINT OF BEGINNING AND THE NORTHEAST CORNER OF THE HEREINAFTER DESCRIBED PARCEL; THENCE OF 306.48 FEET TO A POINT; THENCE SOUTH A DISTANCE OF 550.00 FEET TO A POINT; THENCE 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 550 FEET AND A CENTRAL ANGLE OF 15’49’36” A DISTANCE OF 151.93 FEET TO A POINT; THENCE NORTH A DISTANCE OF 529.15 FEET TO A POINT OF BEGINNING, LESS THE CONTINUE WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE 3 Date Prepared: June 1,2005 Resolution 84,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 FOLLOWING DESCRIBED PARCEL: FROM THE NORTHEAST SECTION CORNER OF SAID SECTION 23, TOWNSHIP 42 SOUTH, RANGE 42 EAST, THENCE SOUTH 0'09'46" WEST, ALONG THE EAST LINE OF SAID SECTION 23, A DISTANCE OF LAKE PARK WEST ROAD, AS NOW LAID OUT AND IN USE; THENCE WEST TO THE POINT OF BEGINNING AND THE NORTHEAST CORNER OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE WEST ALONG SAID THENCE SOUTH A DISTANCE OF 500.00 FEET TO A POINT; THENCE 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 500.00 FEET AND A CENTRAL ANGLE OF 17"27'27", A DISTANCE OF 152.35 FEET TO A POINT; THENCE NORTHERN A DISTANCE OF 476.97 FEET TO THE POINT OF BEGINNING. 107.45 FEET TO A POINT LYING ON THE SOUTHERN RIGHT-OF-WAY LINE OF ALONG SAID SOUTHERN RIGHT-OF-WAY LINE A DISTANCE OF 1,607.00 FEET SOUTHERN RIGHT-OF-WAY LINE A DISTANCE OF 306.48 FEET TO A POINT; TOGETHER WITH: A PARCEL OF LAND LYING AND BEING IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF SAID SECTION 23; THENCE SOUTH ALONG THE WEST LINE OF SAID EAST HALF OF SECTION 23 ON AN ASSUMED BEARING OF SOUTH O"01'53" WEST A DISTANCE OF 107.45 FEET TO A POINT IN THE SOUTH RIGHT-OF-WAY LINE OF LAKE PARK WEST ROAD; THENCE BEARING EAST ALONG SAID RIGHT-OF-WAY LINE A LINE OF SAID SECTION 23 (AS MEASURED ALONG SAID RIGHT-OF-WAY LINE); RIGHT-OF-WAY FOR CANAL NO. 1 AS RECORDED IN OFFICIAL RECORD BOOK DISTANCE OF 737.96 FEET TO A POINT 1,913.48 FEET WESTERLY OF THE EAST THENCE SOUTH A DISTANCE OF 500.00 FEET TO THE NORTH LINE OF THE 1855, PAGE 1378, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE SOUTH 50.00 FEET TO THE CENTERLINE OF CANAL NO. 1; THENCE WEST, ALONG SAID CENTERLINE, A DISTANCE OF 150.00 FEET TO A POINT; THENCE NORTH 50.00 FEET TO SAID NORTH RIGHT-OF-WAY OF CANAL NO. 1; THENCE EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5.413 ACRES, MORE OR LESS. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Resolution 84,2005 SECTION 4. Said property is subject to the following amended conditions, which shall be the responsibility of the applicant, its successors, or assigns: 1. 2. 3. 4. 5. 6. 7. 8. The church and caretaker‘s residence shall tie into potable water service prior to the issuance of the first certificate of occupancy, and within one hundred eighty (180) days after sewer lines become available to the subject property, the church and caretaker’s residence shall tie into them. (City Engineer) SATISFIED 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 or if the exotics are removed. (City Engineer) SATISFIED If the City finds that the maintenance of the grass parking area is in disrepair or poor appearance, the City may require the owner or successor to pave the parkinq area within one hundred eiqhty (180) days of receipt of written notice by the City. All such paving shall be conducted accordinq to City standards at the time of pavinq. All costs shall be the responsibility of the owner or successor. At the time of pavinq, a landscape island shall be installed for every nine (9) parking spaces located in a row within the areas being paved. 1 cf saki .. Forester) Subsequent phases and expansions shall comply with all applicable regulations, including the removal of all exotics on site. (City Forester) Prior to the issuance of the first certificate of occupancy, site lighting shall be reviewed and approved by the Police Department. (Police Department) SAT1 S F I ED A dumpster (3’ tall, 3’ deep, 6-7’ wide) shall be placed at the end of the westernmost drive-aisle, at the edge of the pavement, and shall have a concrete slab of no less than IO’ wide and 8’ deep. (Planning & Zoning) SAT1 S F I ED A 6’ fence or wall (to match the church exterior) shall be erected on three sides of the dumpster with two 5’ (minimum) gates. (Planning & Zoning) SAT1 S F I ED The exterior of the church shall be painted Pearl Grey (MAB 309 16P), and the exterior trim, columns, entrance features, and tower shall be painted white (MAB 409 160). (Planning & Zoning) SATISFIED 5 Date Prepared: June 1,2005 Resolution 84, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 9. Lighting 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 thirty (30) days upon written notification. (Planning & Zoning) IO. Immediately upon the issuance of the certificate of occupancy for the new sanctuary for Christ Fellowship on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997, as amended) or by April 1, 2000, whichever occurs first, the minimum parking requirement on this site shall be calculated at a rate of one (1) space per three (3) seats in the sanctuary. At that time, one hundred ninety-two (192) of the seats in the sanctuary shall be permanently removed, leaving a permanent occupancy of no more than 576 seats, and an affidavit shall be submitted to the City by the petitioner affirming that the seating has been reduced to 576 or less. (Development Compliance Officer) SAT1 S F I ED 11. Simultaneous broadcasts of presentations, programs, or sermons conducted at any remote location to this site shall be prohibited. (Code Enforcement) 12. When determined to be necessary by the City of Palm Beach Gardens Police Department, the petitioner or successor shall utilize police or equally- trained officials in numbers determined by the Police Department at all ingress and egress points along Northlake Boulevard for the management of traffic flow and direction before and after events. (Code Enforcement, Police Department) 13. Within thirty (30) days of the adoption of this Resolution, the petitioner shall: a) Remove the fifteen (15) parking spaces on the basketball court. (Development Compliance Officer) SATISFIED b) Install the new landscaping which is shown on the Phase 2 Plan (Proposed Landscape) except for areas of the site which are subject to new construction for drainage facilities. Landscaping in drainage construction areas shall be installed within thirty (30) days of the completion of that construction. (Development Compliance Officer) SAT1 S FI ED 14. Within thirty (30) days of the issuance of the Certificate of Occupancy for the sanctuary on Christ Fellowship’s new campus on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997, as amended) or on May 1, 2000, whichever shall first occur, the petitioner shall: a) Close the access point between this site and the Church of the Nazarene to the west. REPLACED BY NEW CONDITION 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Resolution 84,2005 b) Complete all non-landscape site improvements and changes. SAT1 S F I ED c) Remove the modular units from the property. SATISFIED d) Pave all parking aisles per City code. (Development Compliance Officer) SAT1 S F I ED 15. Within ninety (90) days of the issuance of the Certificate of Occupancy for the sanctuary on Christ Fellowship’s new campus on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended), the petitioner shall tie this project into the public sewer system. (Develop men t Com pl iance Off ice r) SAT1 S F I ED 16. Prior to the issuance of a land alteration permit for the Christ Fellowship North Campus, the applicant shall eliminate the existing vehicle cross access along the western buffer to the Church of the Nazarene bv restorinq the landscape buffer for the South Campus consistent with the approved landscape plans. (Citv Forester) SECTION 5. Said property shall be constructed in compliance with the following plans on file with the City’s Growth Management Department: 1. 2. 3. 4. 5. 6. Development Application stamped November IO, 1999. June 7, 1999, Existing South Campus Site Pian, Glenn Pate & Associates, Sheet SP 1 .O. August 5, 1999, Future Phase 2 Site Plan (date stamped October 28, 1999), Glenn Pate & Associates, Sheet SP I .O. June 16, 1999, Existing (as-built) Landscape Plan, Glenn Pate & Associates, Sheet L-I . October 26, 1999, Proposed Landscape Plan, Glenn Pate & Associates, Sheet L-2. September 4, 1999, Stormwater Management Plan (Church Site), Kenneth H. Kruger, P.E. 7 Date Prepared: June 1,2005 Resolution 84,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 7. September 7, 1999 (date stamp), Conceptual Drainage Plan (Full Buildout), Kenneth H. Kruger, P.E., Sheets 1-2. August 5, 1999, Future Phase 2 Photometric Site Plan, Glenn Pate & Associates, Sheet ESP 1 .O. SECTION 6. All future amendments to the Christ Fellowship South Campus shall 8. be approved by Resolution. SECTION 7. Said approval shall be consistent with all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 8. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 8 r Date Prepared: June 1,2005 Resolution 84,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER LEVY COUNCILMEMBERVALECHE COUNCILMEMBER BARNETT -- AYE NAY ABSENT --- G:\attorney-share\RESOLUTlONS\christ fellowship south campus - reso 84 2005.doc 9 D v) z v) I % 9 P 0 -n I I -- Ern I - -- r: x (D 3 Q - 6' nr K I - -. I- ! 0 3 n. nr v) v) -0 s -. 3 (D c v) m 5 ;a s 45 " I c I . Z 4 -! CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL MEETING July 20, 2005 The July 20, 2005 Special Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:04 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Russo, and opened with the Pledge of Allegiance. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Russo, Vice Mayor Jablin, Councilmember Levy, Councilmember Valeche, and Councilmember Barnett. PUBLIC HEARINGS: Part I – Quasi-judicial – Mayor Russo announced the procedures to be followed in tonight’s quasi-judicial hearings. The City Clerk swore in all persons intending to offer testimony in any of tonight’s cases. It was announced that a representative of Christ Fellowship Church and Attorney Baird had agreed to holding one public hearing for all petitions. Mayor Russo called for ex-parte communications. Councilmember Barnett disclosed she had spoken to Don Hearing and Doug Rudy regarding plans for the church, Tom Baird regarding timing of the instances, and members of the Northlake Corridor Association about their grievances. Councilmember Levy reported he had spoken with Don Hearing and Doug Rudy and had taken a tour of Christ Fellowship to see the location of the new buildings and where the parking lot and youth changes would be, and looked at existing buildings and the sound problems. Councilmember Levy reported he had also spoken to Keith Paulus, Don Paulus, Joan Elias, Joan Atwater, and John Atwater at the Northlake Neighborhood Coalition and to John McDonald representing Hunt Club. He discussed dealing with right turn lanes, traffic, noise, and buffers. Councilmember Valeche reported he had discussed the site plan with Don Hearing, Doug Rudy, and Pastor Mullins. Councilmember Valeche reported he met with various members of the Northlake Coalition at the home of Matilda Lanier last Thursday. He had spoken with Doug Rudy another 2-3 times regarding meeting dates. Vice Mayor Jablin reported meeting in the past with Don Hearing, Doug Rudy, Pastor Mullins, and members of the Northlake Coalition—Jeff Ronbaum, Joan Altwater, Keith Paulus, Don Paulus, and others, about the project. Mayor Russo reported he met approximately 3 months ago with Don Hearing, Doug Rudy, and Pastor Mullins and saw the basic plan and advised them to work with the neighborhoods and talk to surrounding communities and neighborhoods throughout the city so that when it came before the council it would be with a compromised position. Mayor Russo also stated he had met with members of the Northlake Coalition and with Mr. McDonald and discussed issues, concerns and meeting dates. Mayor Russo also reported he had spoken to many residents that he did not remember, but not in any detail, and stated any decisions would be made on what was presented at this hearing. The City Attorney introduced Attorney Nancy Stroud, representing the Growth Management Department. The City Attorney clarified that the two ordinances on the agenda were presented for first reading; the two resolutions were for discussion; and no voting would take place tonight on the resolutions. Ordinance 18, 2005 - (1st Reading) Approval of an amendment to the Christ Fellowship CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/05 2 North Campus Planned Unit Development (PUD). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a parcel of land consisting of approximately 20 acres, located on the North side of Northlake Boulevard approximately one mile West of Military Trail, as more particularly described herein, from Residential Low Density-3 (RL3) to a Planned Unit Development (PUD) overlay with an underlying zoning designation of Residential Low Density-3 (RL3), to be included in the Christ Fellowship North Campus Planned Unit Development (PUD); amending Ordinance 20, 1997 and Ordinance 23, 1999 relating to the zoning for the Christ Fellowship North Campus Planned Unit Development (PUD) to transfer the site plan approval and related conditions to Resolution 83, 2005; amending the zoning district map; and providing an effective date. [Resolution 83, 2005 is a companion item to Ordinance 18, 2005 and will require Council action on second reading:] Resolution 83, 2005 - Approval of a master development plan for the Christ Fellowship North Campus PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Christ Fellowship North campus Planned Unit Development (PUD), located on the North side of Northlake Boulevard approximately one mile West of Military Trail, as more particularly described herein, to incorporate an additional 20 acres and to allow the development of a 159,180-square-foot expansion to the North Campus; granting conditional use approval for the expanded Christ Fellowship Campus; amending certain conditions of approval for the North Campus; providing for waivers; providing for conditions of approval; and providing an effective date. Ordinance 19, 2005 – (1st Reading) Approval of an amendment to the Conditional Use approval for the Christ Fellowship South Campus. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 30, 1990, Ordinance 34, 1999, and Ordinance 51, 1999 relating to the zoning for the Christ Fellowship South Campus to transfer the conditional use approval and related conditions to Resolution 84, 2005; and providing an effective date. [Resolution 84, 2005 is a companion item to Ordinance 19, 2005 and will require Council action on second reading:] Resolution 84, 2005 - Approval of an amendment to the Site Plan approval for the Christ Fellowship South Campus. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Christ Fellowship South Campus conditional use and site plan approval, located on the South side of Northlake Boulevard approximately one mile West of Military Trail, as more particularly described herein, to allow for the deletion of a condition of approval; and providing an effective date. The City Clerk read Ordinance 18, 2005, on first reading by title only, and Ordinance 19, 2005 on first reading by title only. Mayor Russo declared the public hearing open. It was confirmed for Attorney Tom Baird, representing the Northlake Neighborhood Coalition, that testimony would also be taken at the second public hearing; therefore, two of their experts who could not be present tonight could be heard. Donaldson Hearing introduced others present on behalf of the applicant. Mr. Hearing presented the proposed project and described changes that had been made to address concerns of nearby residents. Traffic Engineer for the project, Joe Pollock, presented traffic information. Senior Planner Michael Sanchez presented the staff report. Mayor Russo announced that 2,417 e-mails had been received regarding this project, and had been entered into the record by the City Clerk. Attorney Tom Baird, representing the Northlake Neighborhood Coalition, Inc., stated he was appearing both as an attorney and a land use planner, and his opinions would not be exclusively CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/05 3 attorney argument. Attorney Baird discussed land uses and offered an opinion that this project was a DRI, which could prohibit expansion. Traffic Engineer John Donaldson addressed traffic at the intersection of Military Trail and Northlake Boulevard. Jim Happ, BallenIsles, expressed support for Christ Fellowship. Richard Cullifer, Jupiter resident and property owner in Palm Beach Gardens, expressed support for Christ Fellowship. Mayor Russo read comments by Paul Aleskovsky, Hunt Club Lane, requesting denial of the project. Bill Jurney, Cypress Hollow, supported the church but not the impact of the project on the community. Don Paulus expressed the position of the PGA National Board of Governors, urging denial of the expansion. Bernard Sommers, BallenIsles, representing Community and Government Relations Committee appointed by the BICA Board, stated no members of the committee or any members of the board that he had spoken to were in favor of the expansion. Mayor Russo read comments from Alesia Bellak and Mitchell Bellak, against the expansion. Sid Dinerstein, BallenIsles, favored the expansion. Bernie Elias, Diamondhead Way, was against the traffic that would be generated and asked the City Council to make a decision. Michelle Wall, Cypress Hollow, was in favor of the expansion. Brad Seidensticker, until recently treasurer of PGA CAN, commented CAN’s opposition to the expansion was not really representative of the PGA community. Lynann Isham supported Christ Fellowship. Scott Mustapick, Hunt Club resident, expressed both his and his wife’s support for the church. Bruce Prevost, resident of Horseshoe Acres, expressed support for Christ Fellowship. Steve Maione, Hidden Hollow resident, supported the expansion. Mark Murnan, PGA National resident, supported the expansion. Donald Miller, Palm Beach Gardens resident, supported the expansion. Mayor Russo read comments: John Terry, Hunt Club Lane, supported the Northlake Neighborhood Coalition; Joe Martin, Square Lake, asked for help with the traffic problem. Mayor Russo advised he was entering into the record comments by Adam Balfour, Square Lake, which were quite lengthy. Deborah O’Meilia, Hunt Club resident, stated she was neither in support or opposed because she did not understand all the impacts, but asked that there be certain restrictions. Joan Elias, Diamondhead Way, clarified that she was not against the church activities but supported the decision made a few years ago. Sharon Widger, resident of Palm Beach Gardens, expressed support for the expansion. Keith Paulus, Hunt Club Lane, indicated that the Northlake Neighborhood Coalition supported the church activities but did not believe it belonged in the middle of residential neighborhoods, and entered a document into the records. Amir Kanel expressed concerns of the Steeplechase Board of Directors regarding this project, and requested the project be downsized. Joan Altwater, Cypress Hollow Drive, member of Northlake Neighborhood Coalition, expressed opposition to the project as proposed. John Glidden, PGA National resident, indicated he was impressed with the church’s proposed solutions to problems, and urged approval of this project. Councilmember Barnett questioned a resident who had spoken as to whether he was a proponent of the Tech Village plan on Vavrus. The resident stated he did not know about that plan. Vice Mayor Jablin questioned traffic engineer John Donaldson as to whether Scripps traffic had been included and since it had not, he suggested it be added. Councilmember Levy asked Mr. Donaldson if he had considered the number of cars that ignored the right turn only, which he had not, and if there was room for a right turn lane by the Marathon station, to which he responded that was possible. Councilmember Valache questioned Mr. Donaldson if the applicant had asked that the right turn only lane be removed, and if the county would take the lane away if they CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/05 4 considered the results, to which he did not know the answers. Mr. Donaldson confirmed it was just a matter of time before the intersection would fail. Mr. Pollock noted the change was logical and noted there was room by the Marathon station and by Albertson’s for right turn only lanes, and that the projections were for weekday numbers. Discussion ensued regarding possible increased traffic. Councilmember Barnett inquired about the Wellington campus, which Mr. Hearing described. In response to Councilmember Levy, Mr. Hearing indicated a wall would buffer sound from equipment, and at second reading numbers would be provided of how many people would stay for fellowship after services. Councilmember Levy asked that the church expand the length of time between services to help with traffic if it became a problem and suggested encouraging carpooling. Councilmember Valache felt concern should be the impact of intense uses on Sunday mornings, and asked if the traffic management plan would handle the additional number of people who might attend. Mr. Hearing responded that the traffic management plan would take care of additional traffic. Senior Planner Sanchez confirmed the applicant had come a long way in reducing the traffic impacts. Councilmember Barnett asked why a traffic light was needed. Major Robert Artola with the Police Department indicated officers were hard to see at night and the light was more visible, creating a more steady flow of traffic. Vice Mayor Jablin expressed concern concurrency would eventually run out and the Council would have to face a CRALLS on Northlake. Councilmember Levy confirmed with Major Artola that the light would be flashing yellow and that emergency vehicles would have primary right-of-way. Mayor Russo indicated if Sunday traffic could not be made better, something was wrong, and everyone needed to understand what the sites were going to be used for. Mayor Russo suggested that cars be parked in front at night so as not to make noise affecting the residents and shuttle busses should not be needed. Mayor Russo advised that the applicant must work with the residents to make this work; the same concerns were expressed over and over, size, noise, etc., and must be addressed. Talal Benothman reported staff contacted Florida Department of Community Affairs to find out if the church was a DRI and was told DCA did not care about places of worship because there were no standards or thresholds in the statutes covering DRI’s in the State of Florida. Mr. Benothman recommended a clearance letter, which could be provided by DCA within 30 days. Attorney Baird suggested that churches could come under the language of other uses and expressed the opinion this exceeded the presumptive threshold. During ensuing discussion, Mayor Russo stated the City would do what needed to be done. Attorney Stroud advised churches had never been called a DRI and she did not think a binding letter or clearance letter was necessary, but if it would make the Council more comfortable it could be done. Consensus of the City Council was to give the applicant direction to obtain a clearance letter. Mayor Russo declared the public hearing closed. Attorney Baird confirmed for Councilmember Valache that his position was that the current use of the church was a legal non-conforming use. Mayor Russo suggested a workshop before second reading. Councilmember Barnett asked why there were two separate ordinances when it was all one project now. City Attorney Tatum explained they had historically been separated and staff thought it would be clearer. The City Council discussed the procedure for this application to proceed and heard advice from the City Attorney regarding the requirements to hold a workshop. CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/20/05 5 Councilmember Levy made a motion to place Ordinance 18, 2005 on first reading by title only. Councilmember Valache seconded the motion, which carried 4-1 with Vice Mayor Jablin opposed. Councilmember Levy made a motion to place Ordinance 19, 2005 on first reading by title only. Councilmember Valache seconded the motion, which carried 4-1 with Vice Mayor Jablin opposed. Councilmember Levy asked that the simultaneous broadcast area be extended. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 11:21 p.m. APPROVAL: ____________________________________ MAYOR RUSSO ____________________________________ VICE MAYOR JABLIN ____________________________________ COUNCILMEMBER LEVY ____________________________________ COUNCILMEMBER VALECHE ____________________________________ COUNCILMEMBER BARNETT ATTEST: ____________________________________ PATRICIA SNIDER, CMC CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING July 21, 2005 The July 21, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 6:08 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Russo, and opened with the Pledge of Allegiance. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Russo, Vice Mayor Jablin, Councilmember Levy, Councilmember Valeche, and Councilmember Barnett. ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Russo announced an addition under the consent agenda of a voting delegate to attend Florida League of Cities 79th annual conference August 18 and 20. Councilmember Levy made a motion to accept the addition to the agenda. Vice Mayor Jablin seconded the motion. It was announced that the Vice Mayor had been selected as the delegate. Motion carried 5-0. BUDGET PRESENTATION AND TENTATIVE MILLAGE RATE ADOPTION: Budget Presentation – City Manager Ferris announced the operating and capital budget for 2005-2006. Finance Director Allan Owens introduced Talal Benothman, who addressed buildout of the City, projected to be in 2035. Mr. Benothman reported the current population estimate was 56,292, as is projected to be between 87,000 and 90,000 at buildout. Finance Director Owens reviewed funds within the proposed budget, total revenues, and expenditures. The proposed millage rate is 5.999%, 10.5% over the rolled back rate of 5.2289%. Director Owens presented comparison with other cities of costs for a $200,000 home, and 5-year projections of revenue and expenses at projected tax rates. Finance Director Owens introduced the budget committee members who were present to answer questions. Department heads presented an overview and synopsis of their department’s personnel, operating, capital outlay, and staffing comparison. Presentations were made by Police Chief, Stephen Stepp, Fire Chief , Pete Bergel, Community Services Administrator, Jack Doughney, City Clerk, Patricia Snider, Administration Department Sheryl Stewart, IT Administrator Eric Holdt, City Attorney, Christine Tatum, Human Resources Director, Hank DuFour, and Finance Director, Allan Owens. Mayor Russo indicated major issues needed discussion, and requested council members meet individually with staff to become knowledgeable on the budget before holding a separate meeting to discuss the budget items. Councilmember Barnett requested reports that contain additional information. Consensus was for City Council to meet Tuesday, August 16 at 6:00 p.m. to discuss the budget. Resolution 95, 2005 - Tentative millage rate adoption. A Resolution of the City Council of the City of Palm Beach Gardens, Florida adopting a proposed maximum millage rate for the City of Palm Beach Gardens for Fiscal Year 2005/2006; setting the date, time, and place of the first Budget Hearing; and providing an effective date. Vice Mayor Jablin moved approval of Resolution 95, 2005 setting the tentative millage rate to be adopted at the rate of 5.999%, which includes the operating millage rate of 5.779%, and the debt service millage rate of .22%, for the total of 5.999%. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. ITEMS OF RESIDENT INTEREST: Councilmember Levy announced he would be attending a meeting of the Loxahatchee River Management Coordinating Council and a meeting of the Environmental Committee for Palm CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/21/05 2 Beach County League of Cities, and asked Council if they had any additional items for those meetings. No additional items were requested. Vice Mayor Jablin reported on airport plans and projects which had been discussed at the MPO meeting, and requested looking at the MPO’s growth management funding to see if any funds might be available for the city’s transportation plans. Mayor Russo reported attendance at the legislative update provided at the Northern Palm Beaches Chamber of Commerce meeting, and announced that he had submitted the name of Councilmember Barnett to represent the city on transportation issues. Vice Mayor Jablin reported the pipeline issue was dead for the time being. Mayor Russo reported Pastor Mullins of Christ Fellowship had called to express thanks for moving the project forward. Mayor Russo requested the workshop on this project be held at a council meeting rather than on a separate night, and Vice Mayor Jablin requested allocating two hours for the workshop portion if the agenda would permit. Councilmember Barnett reported the county would be doing an economic impact study of Northlake Boulevard. CITY MANAGER REPORT: Department Presentation: Fire Rescue – Accreditation – Fire Chief Bergel provided an update on accreditation status, benefits, and implemented programs. Receipt of the Gardens Isles resident petition and distribution dates – City Manager, Ron Ferris reported the petitions that were received June 22, were delivered to City Council June 24. The City Manager provided information to dispel misconceptions discussed in a newspaper article July 17 regarding automated waste management system. Comments by the Mayor, Vice Mayor, and Councilmember Levy supported better communication. The City Manager asked for respect and courtesy and to be able to do his job as spelled out by the City Charter. The next Council-Manager meeting was set for 5 p.m. August 16. COMMENTS FROM THE PUBLIC: Joel Channing, PGA Boulevard, commented this city had the best staff of any city he had ever worked in. He reported that the city’s chess club, the Chestnuts, was meeting on Saturday mornings, and requested chess players for the Gardens Mall chess tournament on August 1. Mr. Channing reported early voting indicated he would be a director of the U.S. Chess Federation. Julia Byrd, Daffodil Circle, expressed her opinion that everyone should receive copies of everything so as to be on the same page. Ms. Byrd requested the Clock property be cleaned up. Ms. Byrd asked for budget figures and was informed those would be available on the internet and in printed format. Ms. Byrd requested a portion of a canal be cleaned up. Linda Hughey, Reed Drive, commented the council would not be misquoted if they would speak into the microphone and asked that the names of speakers be displayed on the screen. Joan Elias, Diamond Head Way, agreed with Ms. Hughey, and asked how a workshop could be held for Christ Fellowship before all the professionals had given input, and asked that everyone be able to exchange information before the workshop. Alice Salee, Kelsey Park Drive, reported she had requested the City expand the number of Council members to add two more a year ago, and reminded the council they had indicated there would be a charter review. Mayor Russo responded that would be discussed. Ms. Salee requested better communication with the residents. CONSENT AGENDA: Vice Mayor Jablin moved approval of the consent agenda. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Therefore, the following items were approved on the consent agenda: a. Approve Minutes from the June 16, 2005 regular City Council meeting. CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/21/05 3 b. Resolution 90, 2005 - Plat - Mirasol PCD – Parcel 15. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Mirasol Parcel Fifteen plat; and providing an effective date. c. Resolution 91, 2005 - Plat - Mirasol PCD – Parcel 16. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Mirasol Parcel Sixteen plat; and providing an effective date. d. Resolution 92, 2005 - Plat - Mirasol PCD – Parcel 21. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Mirasol Parcel Twenty-One plat; and providing an effective date. e. Resolution 93, 2005 - Plat - Mirasol PCD – Parcel 22. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Mirasol Parcel Twenty-Two plat; and providing an effective date. f. Third Quarter Financial Report. g. Proclamation – National Night Out. h. Appointment of Vice Mayor Jablin to be a voting delegate for the Florida League of Cities 79th annual conference August 18 and 20. PUBLIC HEARINGS: Part I – Quasi-judicial - Mayor Russo announced the quasi-judicial procedure to be followed. Ordinance 20, 2005 – (2nd reading and adoption) Seasons 52 Restaurant. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, rezoning an approximately 2.93-acre parcel of land from Planned Unit Development (PUD) Overlay / Professional Office (PO) to Planned Unit Development (PUD) Overlay / General Commercial (CG-1); amending Ordinance 11, 1995, Ordinance 37, 1997, Ordinance 19, 1998, and Ordinance 21, 2000 relating to the existing Planned Unit Development (PUD) formerly known as the Bridge Center PUD and the Hibiscus Restaurant PUD; transferring the site plan approval and related conditions to Resolution 88, 2005; and providing an effective date. [Resolution 88, 2005: companion item to Ordinance 20, 2005:] Resolution 88, 2005 - Seasons 52 Restaurant. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Planned Unit Development (PUD) formerly known as the Hibiscus Restaurant and the Bridge Center PUD located at the Northwest corner of PGA Boulevard and Ellison Wilson Road to allow minor site plan and architectural modifications to the existing 18,170-Square-Foot building to include an 11,850-Square-Foot restaurant with a 2,890-Square-Foot outdoor dining area with service, a 6,320-Square-Foot Art Gallery, and wall and monument signage, as more particularly described herein; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk swore in all those intending to offer testimony in tonight’s hearings. Mayor Russo declared the public hearing open. The City Clerk read Ordinance 20, 2005 by title on second reading and Resolution 88, 2005 by title. The following ex-parte communication was reported: Councilmember Levy reported he spoke to Penny Levy, a registered dietician, regarding meals under 450 calories. Donaldson Hearing was present representing the petitioner, and indicated the applicant planned to have outdoor art. Staff indicated changes discussed at the last meeting had been incorporated. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to adopt Ordinance 20, 2005 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Vice Mayor Jablin made a motion to approve Resolution 88, 2005. Councilmember Levy seconded the motion, which carried by CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/21/05 4 unanimous 5-0 vote. Part II – Non-Quasi-judicial Ordinance 3, 2005 – (2nd reading and adoption) LDR Amendment – Unified Control, Section 78-155 (n). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to Planned Community Developments (PCD) within approved Developments of Regional Impact; amending Section 78-46, Code of Ordinances, entitled “Application Procedures” to clarify the necessary Unified Control Documentation and owners agreements required for amendments to approved PCDs within approved Developments of Regional Impact; amending Section 78-155, Code of Ordinances, entitled “PCD – Planned Community Development Overlay District” to clarify the aforesaid necessary Unified Control Documentation; providing for codification; and providing an effective date. The City Clerk read Ordinance 3, 2005 by title only on second reading. Senior Planner Michael Sanchez clarified the changes at first reading had been incorporated. Al Malefatto was present representing the applicant, Avatar Properties. Mayor Russo declared the public hearing open. Councilmember Levy expressed concern that some DRI applicants might not get the required signatures in favor of just waiting a year. The City Attorney explained that this would not be an issue with potential new DRI’s since this could be addressed in the development order. Attorney Mathison, representing Frenchman’s Creek, indicated he had no problem with this application. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to adopt Ordinance 3, 2005 on second reading by title only with the amendment proposed by staff tonight. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. RESOLUTIONS: Resolution 99, 2005 - Microsoft Enterprise License Agreement extension. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a “Piggyback” purchase for Microsoft Software, Maintenance, and Consulting Services by re-enrolling in the State Enterprise Fund; authorizing the City Manager and City Clerk to execute the necessary enrollment agreements; and providing an effective date. Staff reviewed the staff report. Vice Mayor Jablin made a motion to approve Resolution 99, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Resolution 100, 2005 – Approve a Work Authorization and Notice to Proceed in the amount of $969,000.00 to Murray Logan Construction. A Resolution of the City Council of the City of Palm Beach Gardens, Florida Approving a Work Authorization and Notice to Proceed to Murray Logan Construction, Inc. Based on its existing annual Public Works Contract, for the restoration of the Earman River, from I-95 to West of the Foot Bridge at Keating Drive, from Military Trail to Keating Drive, and from I-95 to the C-17 Canal, City project number 2003- 007/PUB0031 – Stormwater System Improvements, Phase IV; and providing an effective date. David Reyes presented the staff report. Vice Mayor Jablin made a motion to approve Resolution 100, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Resolution 101, 2005 - Authorize expenditures for a not to exceed amount of $16,280.00 from Art Impact Fees for the creation of four (4) bas relief sculptures. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the allocation of Art Impact Fees for expenses related to the creation of Four BAS Relief Sculptures to be located on the PGA Boulevard Towers from Designs and Signs, Inc.; and providing an effective date. Angela Wong, Operations Manager, presented the project. Vice Mayor Jablin made a motion to approve Resolution 101, 2005. Councilmember Levy seconded the motion, which CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/21/05 5 carried by unanimous 5-0 vote. Resolution 103, 2005 – Approve contract awards for Disaster Recovery Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a contract to Ceres Environmental Services, Inc., as primary contractor and alternate contracts with Phillips & Jordan, Inc. and Ashbritt, Inc. for Disaster Recovery Services; authorizing the Mayor and City Clerk to execute said agreements; and providing an effective date. David Reyes presented the project. Staff and the applicant answered questions from the City Council. Vice Mayor Jablin made a motion to approve Resolution 103, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. ITEMS FOR COUNCIL ACTION/DISCUSSION: Discuss FEMA recovery for gated areas – Finance Director Allan Owens reported the City anticipated recovery of 30% of the estimated cost from FEMA. Councilmember Levy felt the way FEMA looked at this matter should be changed because residents in gated communities were taxpayers. Vice Mayor Jablin recommended the Mayor write to both congressmen to change FEMA’s policy. A resolution supporting that concept would be on the next agenda. Carolyn Chaplik, The Isles, reported The Isles had been treated by FEMA as a gated community, which they were not, and they were proposing a central spot for debris to be picked up located along their public right-of-way. Vice Mayor Jablin recommended the Council create a policy that during a disaster all gated communities shall be included in relief efforts. CITY OF PALM BEACH GARDENS REGULAR MEETING, 7/21/05 6 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 10:17 p.m. APPROVAL: ____________________________________ MAYOR RUSSO ____________________________________ VICE MAYOR JABLIN ____________________________________ COUNCILMEMBER LEVY ____________________________________ COUNCILMEMBER VALECHE ____________________________________ COUNCILMEMBER BARNETT ATTEST: ____________________________________ PATRICIA SNIDER, CMC CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 20, 2005 Meeting Date: August 18,2005 Resolution 109, 2005 Su bjectlAgenda Item: Resolution 109, 2005 - Approve an Interlocal Agreement with Solid Waste Authority of Palm Beach County which establishes responsibilities for both parties related to disaster debris management. [ X ] Recommendation to APPROVE I ] Recommendation to DENY Reviewed by: / City A 4 Finany miniGrator A// Department Director Approved by: e Citi Manaier Originating Dept.: David Reyes;$ Construction Manager Community Services Department Advertised: Date: Paper: [ ] Not Required Affected parties [ ] Notified -. [ ] Not required costs: o.00 (Total) 0.00 CXnt FY Funding Source: [ X ] Operating [ ]Other Budget Acct.#: ouncil Action: ] Approved ]Approved wl conditions ] Denied ] Continued to: ,ttachments: Resolution 109, 2005 Exhibit A: lnterlocal Agreement with Solid Waste Authority ] None Date Prepared: July 20, 2005 Meeting Date: August 18, 2005 Resolution 109, 2005 BACKGROUND: The Palm Beach County’s Comprehensive Emergency Management Plan and the Solid Waste Authority (SWA) Debris Management Plan include a provision to make SWA debris sites available to municipalities and special districts in the County. The plan calls for municipalities and special districts that use the sites to be responsible for the cost of collecting the debris and delivering it to the site, and for the cost of having the SWA manage and dispose of the debris delivered. In January 2005, the SWA Board adopted a debris management policy that requires an Interlocal Agreement between the SWA and any municipality or special district that wishes to deliver debris to SWA debris sites. If there is no executed Interlocal Agreement in place between the SWA and the municipality, no debris from the municipality will be accepted at SWA debris sites. An Interlocal Agreement has been drafted to codify the responsibilities and obligations of the Solid Waste Authority and the City of Palm Beach Gardens if the City wishes to deliver debris to an SWA debris site. This agreement effectively formalizes the arrangement the SWA had with the City during the 2004 hurricane season. STAFF RECOMMENDATION: Approve Resolution 109,2005, authorizing the execution of an Interlocal Agreement with Solid Waste Authority related to disaster debris management. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 109,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY TO ESTABLISH RESPONSIBILITIES RELATED TO DISASTER DEBRIS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County has adopted a Debris Management Plan (“Plan”), and pursuant to the plan, the Solid Waste Authority of Palm Beach County (“SWA”) is responsible for coordinating the permanent removal, storage, burning, and disposal of all debris deposited along or immediately adjacent to public rights-of-way in unincorporated areas of the County; and WHEREAS, the City of Palm Beach Gardens is responsible for coordinating the permanent removal, storage, burning, and disposal of all debris deposited along or immediately adjacent to public rights-of-way in the City; and WHEREAS, the City and SWA have determined that it is in the best interest of the citizens of Palm Beach County to cooperate in the management of disaster debris and securing reimbursement for eligible debris management costs from the Federal Government, the State of Florida, and any other agencies providing cost reimbursement; and ’ WHEREAS, the SWA has proposed entering into an Interlocal Agreement with municipalities or special districts located within Palm Beach County that desire to deliver disaster debris to a SWA disposal site to codify responsibilities and obligations; and WHEREAS, such Interlocal Agreement has been prepared and is attached hereto as Exhibit “A; and WHEREAS, the City Council of the City of Palm Beach Gardens deems approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the Interlocal Agreement between the City of Palm Beach Gardens and SWA and hereby authorizes the Mayor and City Clerk to execute the Agreement. Date Prepared: July 18, 2005 Date Prepared: July 18,2005 Resolution 109, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of , 2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl EN CY BY: Christine P. Tatum, City Attorney VOTE: AYE NAY ABSENT MAYOR RUSSO --- VICE MAYOR JABLIN --- COUNCILMEMBER LEVY --- COUNCILMEMBER VALECHE --- COUNCILMEMBER BARNETT --- .1 G:\attorney-share\RESOLUTlONS\SWA debris - reso 109 2005.doc 2 Date Prepared: July 20,2005 Meeting Date: August 18, 2005 Resolution 109,2005 EXHIBIT “A” Interlocal Agreement between the Solid Waste Authority and the City of Palm Beach Gardens May 13,2005 Mr. Mike Morrow, Department of Public Works City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: Interlocal Agreement for Disaster Debris Management Dear Mr. Morrow, The Comprehensive Emergency Management Plan of the County and the Solid Waste Authority (SWA) Debris Management Plan includes a provision to make SWA debris sites available to municipalities and special districts in the County. The plan calls for municipalities and special districts that use the sites to be responsible for the cost of collecting the debris and delivering it to the site, and for the cost of having the SWA manage and dispose of the debris delivered. In January 2005, the SWA Board adopted a debris management policy that requires an Interlocal Agreement (ILA) between the SWA and any municipality or special district that wishes to deliver debris to SWA debris sites. If there is no executed ILA in place between the SWA and the municipality, no debris from the municipality will be accepted at SWA debris sites. We are now preparing for the 2005 hurricane season. An Interlocal Agreement to codify the responsibilities and obligations of the Solid Waste Authority and any municipality or special district that wishes to deliver debris to an SWA debris site has been drafted. This agreement effectively formalizes the arrangement the SWA had with the municipalities through the 2004 hurricane season. Three copies of this agreement are enclosed. With hurricane season right around the corner, we are suggesting that you place this ILA on your earliest available agenda for review and approval. Please have your municipal clerk return 1 all thr n r n mun' i 1 seal to my attention. I will return one fully executed copy to your Clerk for filing. In approving this ILA, the SWA Governing Board authorized the Executive Director the execute the agreement on behalf of the SWA if there are no substantive changes made by the municipality. If any municipality or special district wishes to make significant changes to this agreement, the entire agreement would be returned to the SWA Board for their review and approval. The SWA Board meets every other month (June, August, October and December), so substantive changes could significantly delay the execution of the agreement. If the debris management plan for your municipality anticipates you managing your own debris disposal after a storm, and you do not intend to execute the ILA, please let us know as soon as possible. Please call Marc Bruner, Director of Planning and Environmental Programs at (561) 640-4000 Ex. 4607 or myself at 640-4000 Ex. 4404 if you have any questions about this agreement. Sincerely, Linda S. Hodgkins Intergovernmental Coordinator Encls. 3 Cc: Marc Bruner INTERLOCAL AGREEMENT FOR DISASTER DEBRIS MANAGEMENT THIS INTERLOCAL AGREEMENT is made and entered into this day of ,2005, between the Solid Waste Authority of Palm Beach County, a dependent special taxing agency created pursuant to Chapter 2001 -33 1, Laws of Florida (hereinafter “Authority”), and the City of Palm Beach Gardens, a municipal corporation, chartered and organized in accordance with the laws of the State of Florida (hereinafter “City”), each one constituting a public agency as defined in Part 1 of Chapter 163, Florida Statutes. WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Interlocal Cooperation Act of 1969,” authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, Palm Beach County has adopted a Debris Management Plan (hereinafter “Plan”), and pursuant to the Plan, the Authority is responsible for coordinating the permanent removal, storage, burning, and disposal of all debris deposited along or immediately adjacent to public rights-of-way in the unincorporated areas of the County; and 1 WHEREAS, the City is responsible for coordinating the permanent removal, storage, burning, and disposal of all debris deposited along or immediately adjacent to public rights-of- way in the City; and WHEREAS, the City and the Authority have determined that it is in the best interest of the citizens of Palm Beach County to cooperate in the management of disaster debris and securing reimbursement for eligible debris management costs from the Federal Government, the State of Florida, and any other agencies providing cost reimbursement. NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. The above recitals are true and correct. Section 2. Purpose. The purpose of this Agreement is to provide for and establish the framework under which the City and the Authority shall coordinate the management of disaster debris as well as the payment and subsequent reimbursement of costs associated with debris management in Palm Beach County. Section 3. Definitions. “Act” means Part I of Chapter 163.01, Florida Statutes. “Agreement” means the Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. “County” means Palm Beach County, a political subdivision of the State of Florida. “Debris Management Plan” means the most current Palm Beach County Debris Management Plan. 2 “FEMA” means the Federal Emergency Management Agency, or any successor agency performing a like function. “FHWA” means the Federal Highway Administration, or any successor agency performing a like function. “Reimbursing Agencies’’ means FEMA, FHWA, the State of Florida, and any other agency or unit of government providing funds for the reimbursement of debris management expenses. “Storm Debris, Disaster Debris, or Debris” means a variety of debris that includes but is not limited to such things as trees and other vegetative organic matter, building/construction material, appliances, personal property, mud, sand, and sediment. “Eligible Storm Debris” means storm debris that qualifies for reimbursement by the Reimbursing Agencies. “Ineligible Storm Debris” means storm debris that does not qualify for reimbursement by the Reimbursing Agencies. Section 4. Effective Date. The effective date of this Agreement is June 1, 2005, and shall continue until otherwise amended from time to time and/or terminated by either party in accordance with Section 9. Section 5. Citv Responsibilities. 5.01 Appointment of Operations and Finance Coordinators. The City shall annually designate coordinators to work closely with the Authority on the operational matters related to debris collection and processing, and the coordination and management of the submittal of costs and invoices to the Reimbursing Agencies for Storm Debris management costs. Such persons shall have, or shall have subordinates that have, the 3 required knowledge of debris collection operations and Reimbursing Agencies requirements. The coordinator(s) or hisher designee shall work with the Authority staff and attend meetings with the Reimbursing Agencies representatives and others regarding Storm Debris management. The City’s coordinator(s) or hisiher designee shall attend all pre-season and pre-storm meetings conducted by the Authority during which all parties will have the opportunity to fully review the Plan, including any changes that may have occurred with regard to eligibility and reimbursement rules and procedures. Attendance, while mandatory, may be accomplished by conference call, if necessary. 5.02 Collection of Debris. Northing herein shall require the City to deliver its debris to any Authority disposal site. In such case, - this Agreement shall have no force and effect. The City shall be responsible for the collection of Storm Debris within its jurisdiction and delivering that debris to the Authority debris management sites if the City elects to use the Authority site. The City shall be responsible for monitoring collections and documenting collection activities of Storm Debris on a level sufficient to meet the requirements of the Reimbursing Agencies. This shall include having collection vehicles measured and documented by the Authority or its designee and properly completing load tickets provided by the Authority or approved by the Authority. Should any dispute arise as to the measurement of the truck or the load, the parties agree to negotiate in good faith as to any dispute. If the City uses load tickets provided by the Authority, the City shall pay the cost of printing those load tickets. 5.03 Submittal of Collection Costs for Reimbursement. The City shall be responsible for preparing documentation regarding its costs incurred to pick up and deliver Disaster Debris to debris management sites in the required form prescribed 4 by the Reimbursing Agencies and submit those costs to FEMA and associated State agencies for reimbursement. 5.04 Payment of Unreimbursed Disposal Costs. The City shall be responsible for any unreimbursed costs associated with both Eligible and Ineligible Storm Debris collected by the City, delivered to the Authority, and disposed of as documented by the Authority. This responsibility shall include site monitoring, management and restoration costs, and costs associated with any borrowing required to fund debris management activities, on a pro-rata basis, based on the quantities of debris delivered. The City shall pay these amounts and remit them to the Authority within thirty (30) business days of receipt of invoice. The rate charged by the Authority shall not exceed those charges as reasonably and customarily charged to all municipalities and local governments. 5.05 Reimbursement Monitoring and Tracking. The City shall assist and coordinate with the Authority the tracking and monitoring of all Storm Debris requests for reimbursement so that expedient payments can be made. Section 6. Authoritv ResDonsibilities. 6.01 Appointment of Operations and Finance Coordinators. The Authority shall annually designate coordinators to work closely with the City on the operational matters related to debris collection and processing, and the coordination and management of the submittal of costs and invoices to the Reimbursing Agencies for Storm Debris management costs. Such persons shall have, or shall have subordinates that have, the required knowledge of debris collection operations and Reimbursing Agencies requirements. The coordinator(s) or hisher designee shall work with the City staff and attend meetings with the Reimbursing Agencies representatives and others regarding Storm Debris management. The 5 Authority’s coordinator shall attend all pre-season and pre-storm meetings conducted by the Authority during which all parties will have the opportunity to fully review the Plan, including any changes that may have occurred with regard to eligibility and reimbursement rules and procedures. 6.02 Operation of Debris Management Sites. The Authority shall be responsible for staffing, managing, and operating debris management sites it establishes throughout the County for the purpose of storing, processing, and disposing of Disaster Debris. The Authority shall operate and monitor these debris management sites consistent with Reimbursing Agencies guidelines. The Authority shall provide facilities to measure and placard the City collection vehicles. The Authority shall use its best efforts to open one or more debris sites within 72 hours or less after an “all clear” is issued for a hurricane or other disaster. The Authority shall endeavor to open the facilities sooner, if possible. 6.03 Submittal of Costs for Reimbursement. The Authority shall prepare and submit documentation regarding its costs incurred to pick up, haul, manage, and dispose of Storm Debris in the required form prescribed by the Reimbursing Agencies and submit those costs to them for reimbursement. Such costs may include the cost of processing and disposal of Storm Debris delivered to the Authority’s Storm Debris sites by the City. The timeframe for submittal of cost documentation from the Authority to the County and subsequent submittal to the Reimbursing Agencies shall be as mutually agreed by the County, the Authority, and the Reimbursing Agencies, as appropriate. 6.04 Un-reimbursed City Disposal Costs. If the Authority is advancing the payment of any costs incurred on behalf of the City, the Authority may invoice the City for that portion of the costs that the Authority and the City 6 reasonably believe will not be reimbursed by the Reimbursing Agencies to the Authority. Any such invoice will be due and payable within sixty (60) days of receipt by the City. Upon receipt of all reimbursements, the Authority will either remit payment to or invoice the City for the difference. Section 7. Access and Audits. The Authority and the City shall create adequate records to justify all charges, expenses, and costs for Storm Debris management and to maintain those records after completion of the audits by the Reimbursing Agencies for the time period as may be specified by law or regulation. The City and the Authority shall have access to all books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours. Section 8. Breach/Opportunitv to Cure. The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide to the party in default thirty (30) days’ written notice to cure said default before exercising any of its rights as provided for in this Agreement. Section 9. Termination. This Agreement may be terminated by either party to this Agreement upon thirty (30) days’ written notice to the other party. Section 10. Enforcement Costs. Any costs or expenses associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties, provided, however, that this clause pertains only to the parties to this Agreement. 7 Section 11. Notice. All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: City: Name Ron Ferris, City Manager Address 10500 N. Military Trail City, State, Zip Palm Beach Gardens, FL 33410 Authority: Name John Booth, Executive Director Address 7501 N. Jog Road City, State, Zip West Palm Beach, FL 33412 Section 12. Delegation of Duty. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or City officers. Section 13. Filinp. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 14. Liability. The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions, and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. Section 15. Indemnification. 8 Each party shall be liable for its own actions and negligence and, to the extent permitted under Florida law, the City shall indemnify, defend, and hold harmless the Authority against any actions, claims, or damages arising out of the City’s negligence in connection with this Agreement, and the Authority shall indemnify, defend, and hold harmless the City against any actions, claims, or damages arising out of the Authority’s negligence in connection with this Agreement. However, nothing in this paragraph shall be interpreted as a waiver of the Authority’s or the City’s sovereign immunity. Section 16. Amendments. This Agreement may not be amended except by written instrument signed by both parties hereto. Section 17. Remedies. This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 18. Time of the Essence. The parties expressly agree that time is of the essence in this Agreement, and the failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall, at the option of the other party without liability, in addition to any other rights or remedies, relieve the other party of any obligation to accept such performance. 9 Section 19. Equal Opportunitv Provision. The City and the Authority agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to, any form of discrimination under any activity carried out by the performance of this Agreement. Section 20. CaDtions. The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 21. Severabilitv. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement, and the same shall remain in full force and effect. Section 22. Entiretv of APreement. This Agreement represents the entire understanding between the parties and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. 10 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the day and year first above written. WITNESSES: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY John Booth Executive Director APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Maureen Cullen, Esq., Solid Waste Authority CITY OF PALM BEACH GARDENS By: Joseph R. RUSSO, Mayor ATTEST: Bv: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: , &&tine P. Tatum, City Attorney 11 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 26,2005 Meeting Date: August 18,2005 Resolution 11 1,2005 SubjecVAgenda Item: Resolution 11 1,2005 - Establishing a Policy Authorizing the City Manager to Provide for Disaster Recovery Services and Debris Removal for All Residents of the City of Palm Beach Gardens, including those within Gated and/or Private Communities in the City Limits. [ X ] Recommendation to APPROVE I ] Recommendation to DENY Reviewed by: I t City Attorne w /- Submitted by: Originating Dept.: Dan Reidy, Operations Director Community Services Advertised: Date: Paper: [ ] Not Required Affected parties [ ] Notified [ ] Not required costs: o.00 (Total) 0.00 CGnt FY Funding Source: [ X ] Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Resolution 11 1,2005 [ ]None Date Prepared: July 26,2005 Meeting Date: August 18,2005 Resolution 11 1,2005 BACKGROUND: During the 2004 hurricane season, the City of Palm Beach Gardens experienced extensive damage to trees and vegetation. Per the City’s Disaster Recovery Plan, debris removal services were provided to all residents, including gated andlor private com mu n it ies . In an effort to provide the same level of service in the future, staff is proposing for Council to give the City Manager, or designee, authority to direct staff, when needed to provide such services. STAFF RECOMMENDATION: Staff recommends approval of Resolution 11 1 , 2005, authorizing the City Manager to provide for disaster recovery services for all residents of the City of Palm Beach Gardens, including those within gated andlor private communities in the City limits. Date Prepared: July 26,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 11 1,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ESTABLISHING A POLICY AUTHORIZING THE CITY MANAGER TO PROVIDE FOR DISASTER RECOVERY SERVICES AND DEBRIS REMOVAL FOR ALL RESIDENTS OF THE CITY OF PALM BEACH GARDENS, INCLUDING THOSE WITHIN GATED AND/OR PRIVATE COMMUNITIES WITHIN THE CITY LIMITS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens is responsible for trash and debris collection services to all its residents, including those communities with private road and street systems; and WHEREAS, the City Council wishes to ensure that disaster recovery and debris removal services are provided to all residents of the City of Palm Beach Gardens, including those within gated and/or private communities; and WHEREAS, the City Council wishes to establish a policy to ensure disaster recovery and debris removal services are provided to all of its residents, including gated and/or private communities; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby establishes a policy authorizing the City Manager to provide for disaster recovery and debris removal services for all residents of the City of Palm Beach Gardens, including those within gated and/or private communities in the City limits. SECTION 3. This Resolution shall take effect immediately upon adoption. Date Prepared: July 26,2005 Resolution 11 1, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl ENCY BY: Christine P. Tatum, City Attorney VOTE: AYE NAY ABSENT MAYOR RUSSO --- VICE MAYOR JABLIN --- COUNCILMEMBER LEVY --- COUNCILMEMBERVALECHE --- COUNCILMEMBER BARNETT --- G:\attorney-share\RESOLUTIONS\gated communities debris removal - reso 11 1 2005.doc 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 26,2005 Meeting Date: August 18,2005 Resolution 112,2005 SubjectlAgenda Item: Resolution 112,2005 - Supporting efforts of the Florida Congressional Delegation to Ensure Reimbursement from the 2004 Hurricanes; Urging Passage of the “Disaster Recovery Act of 2005” to Improve Disaster Recovery Efforts of the Federal Emergency Management Agency by Expediting Reimbursements, Authorizing Reimbursement for Clearing and Debris Removal on all Emergency Access Roads, and Making Debris Removal from Private Land Eligible for Federal Assistance. [ X ] Recommendation to APPROVE I ] Recommendation to DENY Reviewed by: i City Attorne Finan rect r a Submitted by: Apw City Manag& Originating Dept.: Dan Reidy, Operations Director Advertised: Date: Paper: [ ] Not Required Affected parties [ ] Notified __-- I 1 Not required costs: o.00 (Total) 0.00 CiErnt FY Funding Source: [ X ] Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Resolution 112, 2005 [ ]None Date Prepared: July 26,2005 Meeting Date: August 18,2005 Resolution 112,2005 BACKGROUND: During the 2004 Hurricanes Frances and Jeanne, the City incurred significant costs associated with the disaster recovery services within the City, including gated and/or private communities. There were significant delays in reimbursement of eligible Public Assistance monies, and the City has not received reimbursement of the costs of debris removal from private roadways within the City. Senator Me1 Martinez, Congressman Mark Foley, Congressman Adam Putnam, and other members of the Florida Congressional Delegation have introduced the Disaster Recovery Act of 2005 which would make improvements to the disaster recovery efforts of the Federal Emergency Management Agency (FEMA). The Florida Congressional Delegation has also requested that the President exercise his current authority under the Stafford Act to expedite FEMA assistance and authorize debris removal from privately-owned lands. STAFF RECOMMENDATION: Staff recommends approval of Resolution 11 2, 2005, to support the efforts of the Florida Congressional Delegation to ensure complete and adequate reimbursement for the 2004 Hurricanes, including reimbursement for debris removal from private streets, and to urge the Congress of the United States to adopt the “Disaster Recovery Act of 2005” as proposed by the Florida Congressional Delegation in S 939 and HR 1870. Eongress of the United Statu Row of Representattats .MDashingron, ?EX 20515 NEWS RELEASE Congressman Adam Putnam, 12fh District, Florida For Immediate Release Wednesday, April 27,2005 Putnam Calls on FEMA to Speed Up Reimbursement Payments Congressman Joins Foley, Martinez to Introduce Disaster Recovery Act WASHINGTON -Congressman Adam Putnam (FL- 12) today joined Congressman Mark Foley, Senator Me1 Martinez and other members of the Florida delegation to introduce the Disaster Recovery Act of 2005, which would make improvements to the disaster recovery efforts of the Federal Emergency Management Agency (FEMA). “Immediately after Hurricanes Frances, Ivan, and Jeanne ravaged the Sunshine State, Congress passed emergency legislation providing $8.5 billion in hurricane disaster assistance to the Federal E,mergency Management Agency (FEMA),” said Putnam. “However most localities have yet to be reimbursed for the full clean-up efforts, in most cases receiving only partial payment for the costs incurred for recovery.” “Less than two months from the start of the 2005 hurricane season, several counties that suffered extensive damage due to the hurricanes are still waiting for FEMA to reimburse them for debris removal,” Putnam stated. “In addition, FEMA’s laborious paperwork and reviews have the potential to derail budgets of smaller counties with limited resources. In many instances, these localities withstood some of the worst hurricane damage.” The Disaster Recovery Act has three major components: 0 Requires FEMA to pay localities up to 50% of eligible Public Assistance (PA) monies no later than 60 days after an eligible claim is filed; Requires FEMA to reimburse localities for the clearing and removal of debris om all emergency access roads (those that require access by emergency personnel during natural disasters); and Makes debris removal from private lands an eligible claim for federal assistance. 0 0 “The legislation introduced today will help address many of these problems, as well as issues that may arise anywhere in the nation when natural disaster strikes,” Putnam stated. On March 15,2005, Congressman Putnam and the Chairman of the Committee on Homeland Security held a Colloquy on the House floor to clarify FEMA’s statuary authority. Under the Stafford Act, the President is currently authorized to render federal assistance to states, localities, and certain non-profit organizations to provide care, restore damaged or destroyed facilities, clear debris on public and private lands when found to be in the public interest, and aid individuals and families with uninsured needs. “My colleagues on both sides of the aisle in the Florida delegation are joining me in sending a letter to the President urging him to exercise his current authority under the Stafford Act, and allow recovery efforts to move forward,” said Putnam. “Furthermore, we are asking the President to expedite FEMA assistance in order to enable Florida localities to recover following the devastation of the hurricanes nearly nine months ago.” “The Disaster Recovery Act of 2005 will go along way setting specific statutory guidelines toward to require FEMA to effectively respond to Florida hurricane related damage, or other natural disaster that may occur any where in the nation,” concluded Putnam. “I applaud this effort and. look forward to working with my colleagues and full House of Representatives to ensure that this timely and critical legislation goes forward.” -30- FLORIDA DELEGATION LETTER ON FEMA George W. Bush President of the United States The White House 1600 Pennsylvania Ave., NW Washington, DC 20500 Dear Mr. President: Thank you for your attention and efforts in the face of last fall’s historic hurricanes. We are writing regarding a crucial issue concerning the effective delivery of hurricane disaster relief pursuant to your powers to render aid under the Stafford Act (42 U.S.C. 5121). As you are aware, the four hurricanes that struck the State of Florida caused enormous devastation and damage to property, waterways, homes and individual’s lives. Under the Stafford .Act, the President is authorized to render federal assistance to states, localities, and certain non-profit organizations to provide care, restore damaged or destroyed facilities, clear debris, and aid individuals and families with uninsured needs. The Administration requested, and Congress appropriated, funds for this purpose through the to the Milittzry Construction Appropriations and Emergency Hurricane Supplemental Appropriutions Act, 2005 (PL 108-324) and the Emergency Supplemental of 2004 (PL 108-303). Less than two months from the start of the 2005 hurricane season, several counties that suffered extensive damage due to the hurricanes are still waiting for FEMA to reimburse them for debris removal. In addition, FEMA’s laborious paperwork and reviews have the potential to derail budgets o I smaller counties with limited resources. In many instances, these localities withstood some of the worst hurricane damage. The Department of Homeland Security, Federal Emergency Management Agency (FEMA) must recognize their current statuary authority in order to effectively respond to Florida hurricane related damage. On March 15,2005, it Colloquy took place on the floor of the House of Representatives recognizing FEMA’s current statuary authority regarding the eligibility of debris removal on private lands. The Staffixd Act gives specific statutory authorization for private debris removal stipulating, “The President, whenever he determines it to be in the public interest, is authorized through the use of Federal departments, agencies, and instrumentalities, to clear debris and wreckage resultingJfrom a major disaster from publicly and privately owned lands and waters. Sec. 5 173 { Sec. 407). Florida localities have received conflicting guidance by FEMA regarding eligibility for reimbursement for debris removal on private roads. In the immediate aftermath of the 2004 hurricanes, FEMA representatives advised countries that debris should be removed and would be reimbursed by the agency. (Florida Association of Counties) FEMA later issued a policy memorandum, Disaster Guidance #8, stating the removal of debris from private or grated communities is not the responsibility of the local government. Clearly, under the terms of the Stafford Act, the President has the authority to reimburse counties for debris, removal on public and &ate roads in the aftermath of a natural disaster when it is found to be in the public interest. FEMA cannot abdicate its responsibility to ensure that the health, safety and welfare of its residents are protected, as risks of debris on public and private roadways may pose a threat to the entire community. Therefore, we ask that you exercise your authority pursuant to the Stafford Act and direct FEMA to fulfill j ts obligation regarding reimbursement for debris removal on private roads. Furthermore, we ask you to expedite FEMA assistance in order to enable Florida localities to move forward toward recovery following the devastation of the hurricanes nearly nine months ago. Thank you again for your efforts in this regard. Sincerely, Florida Congressional Delegation Page 1 of 3 Disaster Recovery Act of 2005 Awareness Bracelets Tsunami ReDOrt TsunamiDrive.Orq Tsunami Relief, Asia Silicone Rubber Band and Cloth ,Low Quantity Low Price High Quality night. After The Tsunami: The Victims, The Science, The Global Threat Buy a Shirt - Save a Life 100% of No overheads & no discrimination Volunteers are working day & -Profits Go To The Red Cross . Ads by Google Contact Your Representative Contact Your Senators 109th CONGRESS 1st Session s. 939 To expedite payments of certain Federal emergency assistance authorized pursuant to the Robert T. Staffod Disaster Relief and Emergency Assistance Ac,t, and to direct the Secretary of Homeland Security to exercise certain authority provided under that Act. IN THE SENATE OF THE UNITED STATES April 28,2005 Mr. MARTINEZ (for himself and Mr. NELSON of Florida) introduced the following bill; which was read twice and referred to the Committee on Hom.eland Security and Governmental Affairs A BILL To expedite payments of certain Federal emergency assistance authorized pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and to direct the Secretary of Homeland Security to exercise certain authority provided under that Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION I. SHORT TITLE. This Act may be cited as the 'Disaster Recovery Act of 2005'. SEC. 2. EXPEDITED PAYMENTS OF FEDERAL ASSISTANCE FOR DEBRIS REMOVAL AND EMERGENCY PROTECTIVE MEASURES. httD://www.theorator.com/bills 109/s939.htrnl 7/28/2005 Disaster Recovery Act of 2005 Page 2 of 3 (a) Definitions- In this section: (I) ELIGIBLE APPLICANT- The term 'eligible applicant' means-- (A) a State government; (E;) a local government;. (C!) a private nonprofit organization or institution that owns or operates any private nonprofit educational, utility, emergency, medical, or custodial care facility, including a facility for the aged or disabled, or any other facility providing essential governmental services to the general public, and such facilities on Indian reservations; and (1)) an Indian tribe or authorized tribal organization, or an Alaska Native village or organization (other than an Alaska Native Corporation), the ownership of which is vested in a .private individual. (2) ELIGIBLE CLAIM FOR ASSISTANCE- The term 'eligible claim for assistance' means-- (A) a claim for the clearance, removal, or disposal of debris (such as trees, sand, gravel, building components, wreckage, vehicles, and personal property), if the debris is the result of' an emergency or major disaster and the clearance, removal, or disposal is necessary-- (i) to eliminate an immediate threat, as determined by the Secretary of Homeland Security, to human life, public health, or safety; (ii) to eliminate an immediate threat, as determined by the Secretary, of significant damage to public or private property; (iii) to ensure the economic recovery of the community affected by the emergency or major disaster to the benefit of the community and any other community, as determined by the Secretary; or (iv) to ensure the provision of temporary public transportation service in the community affected by the emergency or major disaster pursuant to section 419 of the Robert T. Stafford Disaster and Emergency Assistance Act (42 U.S.C. 5186); (13) an action taken by an applicant before, during, or after an emergency or major disaster that is necessary-- (i) to eliminate or reduce an immediate threat, as determined by the Secretary of Homeland Security, to human life, public health, or safety; or (ii) to eliminate or reduce an immediate hazard, as determined by the Secretary, that threatens significant damage to public or private property; or ((3) any other claim that the Secretary of Homeland Security determines to be appropriate. (3) EMERGENCY- The term 'emergency' has the meaning given the term in section 102 of the httn-Ilwww thenrstnr.cnm/hillsl09/s939.html 712 8/2005 Disaster Recovery Act of 2005 Page 3 of 3 Robert 'I'. Stafford Disaster and Emergency Assistance Act (42 U.S.C. 5122). (4) MAJOR DISASTER- The term 'major disaster' has the meaning given the term in section 102 of the Robert T. Stafford Disaster and Emergency Assistance Act (42 U.S.C. 5122). (b) Expeditedl Payments Authorized- Notwithstanding the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 51.21 et seq.) (including any regulation promulgated pursuant to that Act), the Secretary of Homeland Security, acting through the Director of the Federal Emergency Management Agency, shall pay to an eligible applicant, in accordance with subsection (c), 50 percent of the Federal slnare of assistance that the applicant is eligible to receive under section 403(b), 407(d), or 503 of that Act (42 U.S.C. 517ob(b), 5173(d), 5193). (c) Date of Payment- A claim described in subsection (b) shall be paid not later than 60 days after the date on which the applicant files an eligible claim for assistance. SEC. 3. REQUIREMENT TO ENSURE DEBRIS CLEARANCE, REMOVAL, AND DISPOSAL FROM EMERGENCY ACCESS ROADS. (a) Definition of Emergency Access Road- In this section, the term 'emergency access road' means a road that requires access by emergency personnel, including firefighters, police, emergency medical personnel, or any other entity identified by the Secretary of Homeland Security that provides an emergency service after a declaration of an emergency or major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)). (b) Requirement- Any reimbursement authorized under section 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5173) for clearing and removing debris shall include reimbursement for clearing, removing, and disposing of debris from any emergency access road. SEC. 4. INCLUSION OF DEBRIS REMOVAL FROM PWATE LAND AS ELIGIBLE CLAIM FOR FEDERAL ASSISTANCE. Section 408(c)(2)(A) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(2)(A)) is amended-- (1) in clause (i), by striking 'and' at the end; (2) in clause (ii), by striking the period at the end and inserting '; and'; and (3) by inserting after clause (ii) the following: ' (iii) the removal, clearance, and disposal of debris from private property that is the result of an emergency or major disaster.'. END http://www.theorator.com/bills 109/s93 9. html 7/28/2005 Congressman Mark Foley - Florida FROM THE OFFICE OF Horida, 76th District Representative Mark Foley Newsroom NEWS RELEASE Media Contact: Jason Kello (202) 226-4970 FOLEY AND MARTINEZ INTRODUCE DISASTER RECOVERY ACT OF 2005 Wednesday, April 27,2005 WASHINGTON - Congressman Mark Foley (FL-16) and Senator Me1 Martinez (R-FL) today introduced the Disaster Recovery Act of 2005 to make changes to the disaster recovery efforts of the Federal Emergency Management Agency (FEMA). The bill was a direct result of the experiences of millions of Floridians as they rebuilt in the wake of the nation's most costly series of storms that hit the state last summer. "After four hurricanes, Floridians have overcome many obstacles - bureaucracy shouldn't be another," said Foley, whose district suffered direct hits from three hurricanes in 2004. "This legislation reflects many of the lessons we learned last summer and will offer solutions to the problems we saw arise in the months since disaster struck." "Too many of Florida's residents and communities are still waiting eight months later to receive reimbursement from FEMA for debris clean up and expenses," said Martinez. "And we have too many Florida residents that are living in temporary shelters and communities on the verge of bankruptcy because of debt incurred in order to remove tons of debris from their streets and homes. We must do better than this." The Disaster Recovery Act has three major components: - Requires FEMA to pay localities up to 50% of eligible Public Assistance (PA) monies no later than 60 days after an eligible claim is filed; -- Requires FEMA to reimburse localities for the clearing and removal of debris on all emergency access roads (those that require access by emergency personnel during natural disasters); - Makes debris removal from private lands an eligible claim for federal assistance. Eight months after the first hurricane hit, Florida still has residents who are living in temporary shelters; tons of debris are still piled in the streets and on private property; and some counties are on the verge of bankruptcy because they have not been reimbursed for allowable expenses under federal law. The legislation introduced by Foley and Martinez will address many of these ills and has garnered support from those states hit by hurricanes Charley, Frances, Ivan and Jeanne. "FEMA did a remarkable job both before and immediately after the storms," said Foley. "Moving forward without improving on the problems we found last summer would be a lost opportunity. Hurricane season is around the corner and if we don't get this cleaned up now, we leave the problems for the next victims to suffer." "We've learned a loti in Florida this past year that can help improve the way we react to natural disasters in the United States," said Martinez. The Disaster Recovery Act is a common sense reform and improvement and will help our nation responds to those in need during times of trouble." Page 1 of 1 712 812005 Date Prepared: July 26,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 112,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA SUPPORTING EFFORTS OF THE FLORIDA CONGRESSIONAL DELEGATION TO ENSURE REIMBURSEMENT FROM THE 2004 HURRICANES; URGING PASSAGE OF THE “DISASTER RECOVERY ACT OF 2005” TO IMPROVE DISASTER RECOVERY EFFORTS OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY BY EXPEDITING REIMBURSEMENTS, AUTHORIZING REIMBURSEMENT FOR CLEARING AND DEBRIS REMOVAL ON ALL EMERGENCY ACCESS ROADS, AND MAKING DEBRIS REMOVAL FROM PRIVATE LAND ELIGIBLE FOR FEDERAL ASSISTANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens is responsible for trash and debris collection services to all its residents, including those communities with private road and street systems; and WHEREAS, the City provided disaster recovery services to all of its residents, including gated and/or private communities, after Hurricanes Frances and Jeanne; and WHEREAS, the City incurred significant costs associated with the disaster recovery services related to Hurricanes Frances and Jeanne in 2004; and WHEREAS, the City experienced significant delays in reimbursement of eligible Public Assistance monies; and WHEREAS, the City has not received reimbursement for the costs of debris removal from private roadways within the City; and WHEREAS, Senator Me1 Martinez, Congressman Mark Foley, Congressman Adam F’utnam, and other members of the Florida Congressional Delegation have introduced the Disaster Recovery Act of 2005 which would make improvements to the disaster recovery efforts of the Federal Emergency Management Agency (FEMA); and WHEREAS, the Florida Congressional Delegation has also requested that the President exercise his current authority under the Stafford Act to expedite FEMA assistance and authorize debris removal from privately-owned lands; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. Date Prepared: July 26,2005 Resolution 112, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: - SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council supports the efforts of the Florida Congressional Delegation to ensure complete and adequate reimbursement for the 2004 Hurricanes, including1 reimbursement for debris removal from private streets. SECTION 3. The City Council urges the Congress of the United States to adopt the “Disaster Recovery Act of 2005” as proposed by the Florida Congressional Delegation in S 939 and HR 1870. - SECTION 4. This Resolution shall become effective immediately upon adoption. SECTION 5. The City Clerk is hereby authorized and directed to provide a copy of this Resolution to all members of the Florida Congressional Delegation. (The remainder of this page left intentionally blank) 2 Date Prepared: July 26,2005 Resolution 112, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFlC I E N CY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO --- VICE MAYOR JABLIN --- COUNCILMEMBER LEVY --- COUNCILMEMBERVALECHE --- COUNCILMEMBER BARNETT --- G:\attorney-,share\RESOLUTlONS\fema reimbursement-debris removal gated mmm - reso 1 12 2005.doc 4 d” CITY OF PALM BEACH GARDENS Pn BEACH COUNTY, FLORIDA PROCLAMATION W?HEREAS, the Florida: Water and Pollution Control Operators Association is a statewide organization dedicated to maintaining water qwlity in Florida; and WHEREAS, these trained, dedicated, and knowledgeable operating personnel maintain water and wastewater plants throughout the state of Florida; and the state at the thirteen negional kvek and acts as liaison between the Department of Environmental Protection PEP) and operators in the field; and WHEREAS, the Association reviews and assists in supervising state certificcxtion exurnhations and coordinates the statewide plant operations awards program with DEP; NOW, THERZFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Floridu, do hereby proclaim August 15th - IF 2005, FWRZDA WATER, WASTEWATER, AND SYSTEMS OPERATORS WEEK Attest: Patricia Snider, City Clerk, CMC IN WWNWS ~~F, I lrous hernunto wt my lrand ond cd Us Seal of the City of Palm Beach Gadem,Fbrida, tobe affixdon this I@ day of August in tha Year of our Lord, Tmo !mmmandardFim. Mayor Joseph R. Russo CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: August 9, 2005 Meeting Date: August 18, 2005 Resolution1 07, 2005 SubjectlAgenda Item: Resolution 107,2005: An Essentially Built-out Agreement for PGA National DRI Public Hearing/Consideration for Approval: A request by Dodi Glas, agent, on behalf of PGA National Venture, LLLP, master developer of the PGA National Development of Regional Impact (DRI), for approval of an Essentially Built-out Agreement between the City of Palm Beach Gardens, the petitioner, and the Florida Department of Community Affairs. The agreement deems the PGA National DRI to be built-out and transfers all monitoring responsibilities to the local government. [XI Recommendation to APPROVE 1 ] Recommendation to DENY Reviewedby: . Planning Mana Tala1 M. Benothman, kcP CiAttomey r W Finance NA Growt Charles K. Wu, AlCP Originating Dew: Growth Management: Talal M. Benothman, AlCP Advertised: Date: July 21,2005 Paper: Palm Beach Post [ ] Required - At.cected Parties: [XI Notified FINANCE: NA Funding Source: Budget AWL# NA City Council Action: [ ]Approved [ ] App. wl conditions [ ]Denied [ ] Rec. approval [ ] Rec. app. wl conds. [ ] Rec. Denial [ J Continued to: Attachments: 0 Resolution 107,2005 0 Proposed Agreement 0 Application Date Prepared: August 9,2005 Meeting Date: August 18,2005 Resolution 107,2005 EXECUTIVE SUMMARY The applicant is requesting approval for an Essentially BuiIt-out Agreement between the City of Palm Beach Gardens, the applicant, and the Florida Department of Community Affairs. The purpose of the agreement is to deem the PGA National DRI as built-out and to transfer monitoring responsibilities and the implementation of the outstanding conditions of approval to the local government. Staff recommends approval of the proposed agreement. The PGA National DRI was approved by the City Council on August 31 , 1978, through the adoption of Resolution 43, 1978 (please see attachments for recently approved intensity and density within the DRI) The original Development Order of the PGA National DRI has been amended twelve times through the filing and adoption of Notices of Proposed Change (NOPC). The most recent NOPC was adopted by the City Council on July 17, 2003, and extended the build-out date of the DRI to August 29, 2005. The applicant has extended the build-out date of the DRI twice before. The first extension was approved by the City Council on August 18, 1994, and extended the build-out to August 29, 2003 (five-year extension). The second extension, as was noted above, was approved on July 17,2003, and extended the build-out date to August 29,2005 (two-year extension). The master developer and other landowners within PGA National DRI have not completely built all of the approved intensities within the DRI, and thus require additional time to be able to build up to their vested entitlements (please see attachment for remaining intensities and densities within the DRI). ANALYSIS OF PROPOSED AGREEMENT Currently, any additional time extension to the PGA National DRI will be deemed a substantial deviation and will additional require state, regional, and local review of the entire DRI as if it were a newly proposed DRI because the applicant will have exceeded the time extension threshold of seven years provided for in F.S. Sec. 380.06( 19)(c). As a solution, the applicant has proposed and is requesting approval for an Essentially Built- out Agreement to be executed by the City, the applicant, and the Florida Department of Community Affairs to deem the PGA National DRI as built-out and will no longer require state and regional review. This agreement is authorized under the Florida Statutes and per Section 380.06( 15)(g) of the Florida Statutes, the agreement means that the DRI: 1) is in compliance with all applicable conditions of approval of the Development Order, except for the build-out date; 2 Date Prepared: August 9,2005 Meeting Date: August 18,2005 Resolution 107,2005 2) the amount of land/entitlement to be built is less than the substantial deviation thresholds; and 3) the local government and the Florida Department of Community Affairs (DCA) have agreed in writing that the amount of development to be built does not create the likelihood of any additional regional impact not previously reviewed. Please be advised that DCA had requested that the unbuilt portion of the light industrial development originally approved at 150,524 square feet be reduced to 87,500 square feet in order to not be a substantial deviation of the DRI. It is important to note that the outstanding unbuilt portions of the DRI such as Stainsafe, LRP, Bascom Palmer, Hotel and Devonshire are not affected by this reduction. The agreement as drafted recognizes continuing obligations of the developer for certain improvements (please see Attachment B of the agreement) as required by the original Development Order. These would become obligations enforced by the City and not subject to state oversight. Regulation of future development within the PGA National DRI will be governed by city land development regulations. FLORIDA DEPARTMENT OF COMMUNITY AFFARIS REVIEW The Florida Department of Community Affairs staff, the applicant, and City staff have coordinated their review since the submittal of this application and have finalized a draft agreement to be executed by all parties. At its meeting of August 4, 2005, the City Council continued this case to August 18 to allow DCAs review of the final draft of the agreement. According to the applicant, DCA has given its approval of the proposed agreement. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 107,2005. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 107,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN ESSENTIALLY GARDENS, PGA NATIONAL VENTURE, LLLP, AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR THE PGA NATIONAL DEVELOPMENT OF REGIONAL IMPACT; AND PROVIDING AN EFFECTIVE DATE. BUILT-OUT AGREEMENT BETWEEN THE CITY OF PALM BEACH WHEREAS, on August 31 , 1978, the City Council adopted Resolution 43, 1978, thereby approving the PGA National Development of Regional Impact; and WHEREAS, the PGA National Development of Regional Impact has been amended twelve times since August 31 , 1978; and WHEREAS, on August 18, 1994, the City Council adopted Resolution 106, 1994, thereby approving the build-out time extension for the PGA National Development of Regional Impact to August 29,2003; and WHEREAS, on July 17, 2003, the City Council adopted Ordinance 18, 2003, thereby approving the build-out time extension for the PGA National Development of Regional Impact to August 29,2005; and WHEREAS, the City has received a request (Petitions MISC-05-05-000004) from Ms. Dodi Glas, agent for PGA National Venture, LLLP, for approval of an Essentially Built-out Agreement for the PGA National Development or Regional Impact; and WHEREAS, the PGA National Development of Regional Impact is in compliance with all applicable terms and conditions of the development order, except the built-out date; and WHEREAS, the amount of development that remains to be built is less than the substantial deviation threshold specified in paragraph (19)(b) of Chapter 380.06 of the Florida Statutes; and WHEREAS, the City of Palm Beach Gardens and the Department of Community Affairs have agreed in writing pursuant to the Essentially Built-out Agreement that the amount of development to be built does not create the likelihood of any additional regional impact not previously reviewed; and WHEREAS, the City of Palm Beach Gardens is authorized by Chapter 380.06 of the Florida Statutes to execute an Essentially Built-out Agreement; and Date Prepared: July 22, 2005 Date Prepared: July 22, 2005 Resolution 107, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the Growth Management Department has reviewed said agreement, which has been prepared and is attached hereto, has determined that it is sufficient and consistent with Chapter 380.06 of the Florida Statutes, and has recommended approval; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified SECTION 2. The City Council hereby approves the Essentially Built-out Agreement with PGA National Venture, LLLP and the Florida Department of Community Affairs, and authorizes the Mayor and City Clerk to execute said Agreement. SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 2 Date Prepared: July 22,2005 Resolution 107, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBERLEVY COUNCILMEMBERVALECHE COUNCILMEMBER BARNETT AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\pga built out agreement - reso 107 2005.doc 3 August 4,2005 Mr. Charles Wu, Growth Management Director Mr. Tala1 Benothman, Planning Manager Growth Managcmcnt Division City of Palm Beach Gardens 10500 No. Military Trail Palm Beach Gardens, FL 334 IO urban Urban Design Urban Planning Land Planning Landscape Architecture RE: PGA NATIONAL BUILDOUT AGREEMENT AS OF AUGUST 4,2005 The purpose of this letter is to update our application and reiterate the project as previously stated in Margaret Ray Kemper’s letter of May 12, 2005. The PGA DRI is a mixed use development within the City of Palm Beach Gardens. The Development Order for the DRI was adopted on August 3 1, 1978, and authorized the development on approximately 2,340 acres of 6,900 residential units, 350 hotel rooms, ancillary resort facilities, 335,000 square feet of office, 180,000 square feet of commercial, 360,000 square feet of light industrial on 27 acres, and 2.5 acres of institutional or civic uses. Subsequent amendments to the Development Order significantly reduced the DRI’s residential entitlements and modified the intensities of the nonresidential development. The PGA DRI is currently approved for 5,237 residential units, 420 hotel rooms, ancillary resort facilities, 602,890 square feet of office, 150,000 sqwm feet of corr,mercia!, !55,500 sqxire fee: of light icdustrial aiid 11,2:7 square feet of warehouse on 29.45 acres, 160 nursing home beds, and 3.26 acres of institutional or civic uses. To date, 5,232 residential units, 339 hotel rooms, 474,304 square feet of office, 1 18,232 square feet of commercial, 4,976 square feet of light industrial and 66,l 17 square feet of warehouse on 24.2 acres, 104 nursing home beds, and 12,500 square feet of institutional or civic uses have been developed within the PGA DRI. See the chart, Attachment A, which outlines the development approved by the initial Development Order, the development currently approved, the development which amount ofunbuilt development, and the total development after app Builtout Agreement. Please note that the Development Order and.‘ did not specify parking spaces. The parking spaces shown on E3 parking requirements for the various uses, as requested for refepqce DCA. GLlobsWGA NationaI\BuiIdour\Application Info\city ltr 0x0305 wpd LCC35 We&Pdm Beach, FL 33401 3 569.366.1 100 561.366.1 11 I fax www.UDSon1ine.com LCC35 PGA National Buildout August 5,2005 Page 2 Development within the PGA DRI has been in accordance with the DRI Development Order, as amended. The uses, internal roads, parking, recreational facilities, stormwater management system, and waterlsewer facilities are consistent with the Development Order, as amended, and applicable regulations, and the required annual report for the period from October 1, 1997 to March 13, 2005 has been submitted. The transportation obligations have also been fulfilled, except for the signalization of the intersection at Northlake Boulevard and Hiatt Drive which is not yet warranted, and certain obligations related to Ryder Cup Boulevard/Jog Road which are also not yet required. The proposed Essentially Builtout Agreement includes a provision requiring the transportation obligations which have not yet been satisfied to be fulfilled. The continuing obligations are provided for by Exhibit B of the Builtout Agreement and are taken directly from the approved development order. The Builtout Agreement has been drafted with input from both DCA and city staff. The current agreement has been reviewed by both legal departments. In accordance with the DCA’s request, additional traffic analysis was provided to demonstrate that the remaining unbuilt use would not be significant on any impacted link. Please see Attachment B of this letter. This was in addition to the previously submitted traffic analysis (Kemper correspondence dated May 12,2005), in accordance with DCA’s request to show a comparative trip generation analysis of development approved by the 1978 Development Order and by the currently approved development and by the development constructed to date. Please note that analysis indicated that the development constructed to date together with the development requested in the Essentially Builtout Agreement will generate fewer daily and p.m. peak hour trips than either the development approved by the 1978 Development Order or the development currently approved. The traffic analysis also included the ancillary resort facilities and treats Northern Palm Beach County Improvement District’s facilities as office. Provided in this package you will find: Attachment A - Allocation of Land Uses; Attachment B - Traffic Links Impacts Analysis; and Attachment C - Executed Built-out Agreement with Exhibit A Legal Description and Exhibit B Continuing Obligations As has been discussed, following city execution, the agreement will be signed by DCA. Should you have any questions please contact me directly. G:Uobs\PGA National\BuiIdout\Application Info\city Itr 080305.wpd LCC35 PGA National Buildout August 5,2005 Page 3 Thank you for your assistance, time and patience in working through this process. cc : Christine Tatum, City Attorney, City of Palm Beach Gardens Nannette Gammon, Ecclestone Organization John Gary, Gary, Dytrych & Ryan P.A. Margaret Ray Kemper, Ruden McClosky Kahart Pinder, Pinder-Troutman Consulting, Inc. G Uobs\PGA National\Buildoul\ApplicdIion lnfo\city Itr 080305 wpd LCC35 PGA NATIONAL RESORT DRI Revised Allocation of Land Uses Development to be Approved by Agreement Initial DO Currently Approved Built Unbuilt Development at Buildout iesidential 5 6,900 350 rooms 335,000 sf 180,000 sf 720 pk sp 5,237 5,232 5 5,237 lotel 420 rooms 420 rooms 339 rooms 81 rooms 81 rooms 3ftice 602,890 sf 474,304 sf 128,586 sf 128,586 sf 602,890 S'ommercial 150,000 sf 600 pk sp 1 18,232 sf 473 pk sp 3 1,768 sf 127 pk sp 3 1,768 sf 127 pk sp 150,000 sf 600 pk sp Industrial 27 acres 360 pk sp 29.45 acres 267 pk sp 24.2 acres 71 pksp 5.25 acre 196 pk sp 5.25 acres I96 pk sp 29.45 acres 267 pk sp Light Industrial Warehouse 360,000 sf 0 150,524 sf 155,500 sf 11 1,217 sf 4,976 sf 66,117 sf 87,500 sf 45,100 sf 92,476 sf 11 1,217 sf 45,100 sf Vursing Home 0 160 beds 104 beds 56 beds 56 beds 160 beds qPBC Improvemeni District Expansion 2.5 acres 3.26 acres 12.500 sf 13.366 sf 13.366 sf 25,866 sf TAL520725 ATTACHMENT A v- I I ~~~~ ATTACHMENT B ’, \ AGREEMENT FOR THE PGA NATIONAL RESORT COMMUNITY DIU This Agreement (“Agreement”) is entered into by and among PGA NATIONAL VENTURE, LLLP (“PGA”), a Florida limited liability limited partnership, the CITY OF PALM BEACH GARDENS (“City”), a Florida municipal corporation, and the FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (“DCA”). WHEREAS, PGA is the master developer of the PGA National Resort Community Development of Regional Impact (“PGA DRI”) which is legally described on Exhibit “A” attached hereto and incorporated herein; and WHEREAS, the City is a municipal corporation within the State of Florida and is the local government responsible for the administration, monitoring, and enforcement of the PGA DRI; and WHEREAS, DCA is the state land planning agency responsible for the administration and enforcement of Chapter 3 80, Florida Statutes, including those provisions relating to developments of regional impact (“DRIs”); and WHEREAS, pursuant to Section 380.032(3), Florida Statutes, DCA is authorized to enter into such agreements as may be necessary to effectuate the provisions and purposes of Chapter 380, Florida Statutes, including agreements determining that a DRI is essentially built-out in accordance with Section 3 80.06( 15)(g)3 ., Florida Statutes; and WHEREAS, on August 31, 1978 the City through Resolution 43, 1978 approved a Development Order for the PGA DRI, which Development Order authorized the development of 6,900 residential units, 350 hotel rooms, ancillary resort facilities, 335,000 square feet of office, 180,000 square feet of commercial, 360,000 square feet of light industrial on 27 acres, and 2.5 acres of institutional or civic uses, all on approximately 2,340 acres; and TAL521 645 ArrACHMENT C ? WHEREAS, the City approved amendments to the PGA DRI Development Order on December 18,1980 through Resolution 69, 1980; on July 5,1984 through Resolution 36, 1984; on September 19, 1985 through Resolution 36, 1985; on September 19, 1985 through Resolution 37, 1985; on April 17,1986 throughResolution 14,1986; on July l7,1986throughResolution33,1986; on December 17,1987 through Resolution 109, 1987; on August 18,1994 through Resolution 106, 1994; on August 18,1994 through Resolution 107,1994; on March 20,1997 through Resolution 30, 1997; and WHEREAS, on January 7, 1999 through Ordinance 22, 1998 the City approved a consolidated, restated and amended Development for the PGA DRI which Development Order was thereafter amended on October 7,1999 through Ordinance 42,1999 and on July 17,2003 through Ordinance 18,2003; and WHEREAS, the PGA DRI is currently approved for 5,237 residential units, 420 hotel rooms, ancillary resort facilities; 602,890 square feet of office, 150,000 square feet of commercial, 155,500 square feet of light industrial and 11 1,217 square feet of warehouse on 29.45 acres, 160 nursing home beds, and 3.26 acres of institutional or civic uses; and WHEREAS, the PGA DRI has constructed or caused to be constructed all of the internal infrastructure, including recreational facilities, roadways, parking, stormwater drainage facilities, and water and sewer facilities, needed to serve the development within the PGA DRI; and WHEREAS, all of the transportation obligations required in the Development Order, as amended, for the PGA DRI have been fulfilled except for the signalization of the intersection at Northlake Boulevard and Hiatt Drive, which is not yet warranted, certain intersection improvements at Northlake Boulevard and Ryder Cup Boulevard, and certain obligations related to Ryder Cup Boulevard/Jog Road, the conditions precedent for which have not yet occurred; and TAL521 6415 2 ‘. f WHEREAS, Ordinance 22,1998, as amended, imposes certain continuing obligations which the City wishes to be included in this Agreement; and WHEREAS, the majority of the development within the PGA DRI has been completed; and WHEREAS, 5,232 dwelling units, 339 hotel rooms, ancillary resort facilities, 474,304 square feet of office, 11 8,232 square feet of commercial, 4,976 square feet of light industrial and 66,117 square feet of warehouse on 24.2 acres, 104 nursing home beds, and 12,500 square feet of institutional or civic uses have been constructed within the PGA DRI; and WHEREAS, the buildout period for the PGA DRI will expire August 29,2005; and WHEREAS, significant public benefits will result if development within the PGA DRI is completed. NOW, THEREFORE, for and in consideration ofthe mutual covenants contained herein, it is hereby agreed as follows: 1. The parties agree that the PGA DRI is “essentially built-out” in accordance with Section 380.06( 15)(g)3 ., Florida Statutes, because: A. B. C. D. The buildout date for the PGA DRI will expire on August 29, 2005 The development is in compliance with all applicable terms and conditions of the Development Order, as amended. All transportation related infrastructure and physical improvements required by the Development Order have been completed except for the signalization of the intersection at Northlake Boulevard and Hiatt Drive, which is not yet warranted, certain intersection improvements at Northlake Boulevard and Ryder Cup Boulevard, and certain obligations related to Ryder Cup Boulevard/Jog Road, the conditions precedent for which have not yet occurred. The amount of development that remains to be built does not create the likelihood of any additional regional impacts not previously reviewed. TAL521645 3 i 2. DCA and the City agree that in addition to the development already completed, the following development may be constructed within the PGA DRI: 8 1 hotel rooms; 128,586 square feet of office; 3 1,768 square feet of commercial; 87,500 square feet of light industrial; 45,100 square feet of warehouse; 56 nursing home beds; and 13,366 square feet of institutional or civic uses. residential units does not exceed 5,237 units. Residential units on undeveloped residential lots, so long as the total number of 3. Any development authorized by Paragraph 2 of this Agreement which has not been completed by August 29, 2005 may be begun and completed after August 29, 2005 and without further development of regional impact review. Any development begun after August 29,2005 shall be subject to the City’s comprehensive plan and land development regulations. 4. The local transportation obligations and other continuing obligations required by the City are set forth on Exhibit “B” and shall be satisfied in accordance with the terms and conditions applicable to each obligation. Compliance with the City’s continuing obligations set forth on Exhibit “B” shall be monitored and enforced by the City. 5. After the effective date of this Agreement, the PGA DIU shall no longer be required to file annual reports pursuant to Section 380.06( 1 S), Florida Statutes; provided, however, beginning September 1, 2006 and continuing until the issuance of the last certificate of occupancy for the development authorized by Paragraph 2 of this Agreement, PGA shall provide the City a written summary of the status of the continuing obligations set forth on Exhibit “B”. 6. PGA asserts and warrants that the information it has presented and the representations and statements set forth above are true and accurate to the best of its knowledge and belief. Based upon such information and representations, DCA concludes that this Agreement reasonably applies and effectuates the provisions and purposes of Chapter 380, Florida Statutes. TAL52164 5 4 ’. (I 7. In the event of a breach of this Agreement or failure to comply with any condition of this Agreement, or if this Agreement is based upon materially inaccurate information, DCA or the City may terminate this Agreement or file suit to enforce this Agreement as provided in Section 380.1 1, Florida Statutes. Injunctive relief shall be granted to the other parties in the event of a breach of this Agreement or a failure to comply with any condition by another party. 8. This Agreement affects the rights and obligations of the parties under Chapter 380, Florida Statutes. It is not intended to determine or influence the authority or decisions of any other state or regional agency or the City in the issuance of any other permits or approvals required for the development authorized by this Agreement. 9. The terms and conditions of this Agreement shall run with the property more particularly described on the attached Exhibit “A” and inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. PGA shall record a notice of this Agreement which complies with Section 380.06(8)(a)lO., Florida Statutes, in the Official Records of Palm Beach County, Florida, and shall provide DCA and the City with a copy of the recorded notice within 30 days of execution of this Agreement. 10. The effective date and the date of execution of this Agreement shall be the date that the last party signs and acknowledges the Agreement. IN WITNESS THEREOF, the parties, by and through the undersigned duly authorized representatives have executed this Agreement on the dates set forth below. TAL521645 5 I STATE OF FLOlUDA COUNTY OF PALM BEACH PGA NATIONAL VENTURE, LLLP, a Florida limited liability limited partnership By: North County Sales Company, its General Partner 342 before me this a/d dayof hkf"2005, of Nort County Sales Company, thkGeneral Partner of PGA National Venture, LLLP, a Florida limited liability limited partnership. He/she is peemjo me or has produced as - identific :ation. \ (Name of Notary, typed, printed or stamped) TAL521645 6 '. c ATTEST: CITY OF PALM BEACH GARDENS City Clerk Approved as to Form: Date: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument 'as acknowledged before me this day of ,2005 Palm Beach Gardens, a municipal corporation of Florida. He/she is personally known to me or has produced as identification. by Y of the City of Notary Public (Name of Notary, typed, printed or stamped) TAL521 645 7 c DEPARTMENT OF COMMUNITY AFFAIRS By: Date: STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of ,2005 by , of the Department of Community Affairs. He/she is personally known to me or has produced as identification. Notary Public (Name of Notary, typed, printed or stamped) TAL52164 5 8 Nl that put of ra&d Scct3onr 8 and 9,'leo;r the North 50 feet"theraof I lying easterly .of the easterly rlqht-of- way lLni of tho 260 foot Wide' C-18 Canal; AND all that prrt of raid section 16 lying casstcrly of the-said c-18 Canal and lylng'northcrly of the right9f-y of state Road 710: M-D all .thmt part of said Section 10, lcrr &e North SO feet thereof, AND rlL.tha+ paxt oi! the Northwest gu&tor.. (WU 1/41 of said .Sec+&on 1s lying Westerly of the- foalowing described lintx From the c8nter' of srhl ScctZon 1S hn North 84w30'01" Hrrt 8lon -the Zast-West Quarter Section %%ne .of -rald- Section -1s. fu.7C facti thence #ora 02-04*39 E8Str 2624.78 feet, more or 1css. to r.point in the south line of. 10814 Sect$on 30s t)rmce No+b 87049'37' West, dons- the raid South-lis. Of Sectioa' lO,'l29,OS fertj tbencr # Nora 0lW06'4X" East, 5293.-69 'feet. mor^. ot.less, tb a p6-k in the-south 3in+ iif the North SO feet of raid SciztAon 10, rr&h poFnt.bcring 245-14 feeC (a8 xnearureb'rlong the said south line of the .North SO .feet) verfexly of the North- SOUM quarter Sect3on linq or said. section 30: AND all &at pare of the Sopth Half (S 1/2) of. said Section' 1s lyhg westerly of the Hesr: 15no of Florhla*r'Tompfio a8 des-. crsbed Sn Dbdd BOOk:1120 at pages 342 ad 343, Public Records of Palm Deadr County, .Plorfdr. ISSS the SoJthwot: Quarter [SW lye) Sl tho SOUthOfiSst'Qth3ttOr (El3 I/L).'nf nard soction 15. - CaJTAININC 1837.1 d&QSO mor0 Or loss. . EXHIBIT A t c IIE!?iCSIPTIO# OS PALM PEACH GARDEXS LANDS XI PROPOSED PCA RESORT CCIMKNITY All t'nar part of Soctim 10, Township 42 South, Rango 42 East, Palm 0-A County, Florida, less 1.5. North 50 laat theroof ard all that port of tb North ,%If (N 112) of .bction IS, Townrhtp 42 Sou&, Rang. 42 East, Polm Bao& County, Florida, lylrg westerly of thi Woa rig'nt-of- IIna of Ftocida'r TumpIko as de~l!b.d In Dtod Bdc 1126 at pago 426, Pubsic Racarb of blm Boa& County, Florida, and oaf"rly of th. fcll0W;ng doseribod Itnor From the antu of sdd Saction 15 MI North 880 30' 01 hr along tho Em -Wort QUW~U S.~ti~n !AIO of mid Seth 15, t 13.74 feot, tho- North 020 04' 39" Eat 2624.78 foot, mor0 9 leu, to a point in tho Sa& Linr of kction 10, 129.05 feeti tbnce North 010 W 41" East, 5293.69 foot, mor0 of loss, ro o potnt in thr South Uru .of rh. North 50 faor of sa;d Scrim 10, catd point bdng 245.14 foot (as -od alq tiU raid Sou* tino of tho North 50 fmt) wos:uIy of rho Na-h - South Q-or Saction Una of mtd Section IO; L:~ of raid heti- 1% ihon- NO& sto ai- wort, orano th. -'id s,,,,ttr CONTAINING c5a.a C~IL, mofe oc tau .. .All tho t part of rho' Sa, thwart Qitar (W. 1/4) of Sect& 9, TowruMp 42 South, 'Rang. 42 Eat, Palm Boa& Cobnty, Florida, bound& on tho Wort by tha eonhr- lf~ 0f.h 260 foot.wl& C-18 Canal as.rO&ydod ti Deed fkok 1114ai-o 343, pvblta ROC& d polar be* G+G, Flort~h,' dd boundad on th Eat by Q 1;- poral:ol wltk 4130 fbot nwthoastorly from (as mdasurod at do%? ong1.6 to) tho wtd conrorlf~. . c0NTAIN:NG (C.~I~~GWO~, -0 I~SS. CONTINUING OBLIGATIONS I. INTERNAL PATHWAYS. The proposed pedestrian and bicycle pathways shall connect the residential areas of the project with commercial, employment, and recreational centers to reduce the need for internal automobile trips. 11. ARCHEOLOGICAL SITES. In the event that an archeological site or sites are found by the planned archeological survey, proper protection to the satisfaction of the State of Florida, Division of Archives, History and Records Management (Division of Archives), shall be provided. In the event of discovery of archeological artifacts during project construction, construction shall stop in that area and the Division of Archives shall be notified. Proper protection, to the satisfaction of the Division of Archives, shall be provided. 111. INTERSECTION IMPROVEMENTS A. Northlake Boulevard and Hiatt Drive Upon the completion of every increment of additional development within PGA National Commerce Park which generates offsite traffic over and above the number of trips assigned to PGA National Commerce Park by the PGA National Traffic Study prepared by David Plummer & Associates, Inc. dated May 29, 1998 with revisions dated July 21, 1998, August 28, 1998, September 23, 1998 and November 10, 1998, the applicant for site specific development consideration (site plan approval or site plan amendment) shall conduct a Traffic Signal Warrant Study for the intersection of Hiatt Drive and Northlake Boulevard. Installation of signalization at that intersection shall depend upon the outcome of that study, as determined by the County Engineer. Prior to certificate of occupancy, the signal shall be installed by the developer of the site specific development application which triggers the need for the signal, and it shall be fully operational, including all appropriate lane geometry (as determined by the County Engineer), pavement markings, signing, lighting, etc., as approved. B. Northlake Boulevard and Rvder CUD Boulevard (1) Left turn lane west approach (2) Right turn lane east approach (3) Double left turn lane north approach (4) Right turn lane north approach (5) Install signal when warranted. TAL523482 EXHIBIT B 1 e IV. OFF-SITE ROADWAY IMPROVEMENTS A. RYDER CUP BOULEVARD/JOG ROAD. (1) The one hundred twenty (120) foot wide right-of-way presently owned by Northern Palm Beach County Water Control District (NPBCWCD) and known as Ryder Cup Boulevard shall be reserved from Northlake Boulevard to PGA Boulevard as fo 110 w s : (a) From Northlake Boulevard to Thornton Drive, one hundred twenty (120) feet shall be reserved to accommodate a maximum of four (4) through lanes and necessary tapers; (b) From Thornton Drive to Carrick Road, sixty (60) feet shall be reserved to accommodate a maximum of two (2) through lanes; (c) From Carrick Road to PGA Boulevard, one hundred twenty (120) feet shall be reserved to accommodate a maximum of four (4) through lanes and necessary tapers. (2) In addition, from Thornton Drive to Carrick Road, the remaining sixty (60) feet of right-of-way currently owned by NPBCWCD shall be reserved and restricted to such uses as public utilities, open space, drainage, pathways, public recreation and landscaping. NPBCWCD shall record a restrictive covenant in the public records of Palm Beach County limiting use of the property as indicated. (3) NPBCWCD, or its successors in interest, shall convey the right-of- way required to be reserved by Condition A(l), above, to Palm Beach County (“County”) without compensation for a future extension of Jog Road at such time as all of the following conditions precedent have been satisfied: (a) CONTINUITY. With addition of the Ryder Cup Boulevard link through PGA National, Jog Road shall be fully constructed and continuous between Okeechobee Boulevard and its terminus at Donald Ross Road; and (b) CONNECTIVITY. The Ryder Cup Boulevard link within PGA National shall connect to other fully constructed links of Jog Road both North and South of PGA National. “Fully constructed” shall mean a public roadway has been built to the maximum laneage proposed by County’s Thoroughfare Plan, is open to traffic, and maintenance of which has been formally accepted by the Board of County Commissioners. “Connect” shall mean either that: (1) access to the fully constructed roadway links is directly aligned and contiguous; or (2) the filly constructed roadway links forming a continuous north-south network for Jog Road lie not more than one TAL:52348:2 2 quarter (0.25) miles from both the northern and the southern termini of Ryder Cup Boulevard. (c) TIMELINESS, NECESSITY AND APPROPRIATENESS. Upon the occurrence of both events indicated in Subsections A.(3)(a) and (b), above, the Board of County Commissioners may request conveyance of the right-of-way according to the following procedures and considerations: [l] The County Department of Engineering and Public Works ("County Engineer") shall first in writing notify NPBCWCD, the City of Palm Beach Gardens ("City") and the PGA National Property Owners Association, Inc. ("PGA National POA") that it will recommend to the Board of County Commissioners that the Board request conveyance of the right-of-way to County. [2] Within sixty (60) days of receipt of the County Engineer's notice, City may advertise and hold a public hearing at which County's notification will be discussed. County may be invited to participate in the discussion. Upon consideration of the information presented by County and other relevant information which may be presented at the public hearing, the City may issue an advisory opinion to County regarding the necessity for the conveyance. If City fails to hold a public hearing within the 60 day period, this condition shall be deemed to have been satisfied. At any time after sixty (60) days from the County Engineer's initial notice of intent to recommend acquisition of the right-of-way, or after receipt of City's advisory opinion, whichever shall first occur, the Board of County Commissioners shall hold at least one (1) public hearing at which it shall consider the County Engineer's recommendation. Such hearing may, at County's discretion, be incorporated into County's regularly scheduled review of its Thoroughfare Plan or its Five Year Road Program. It is the intent of this Development Order, however, to ensure the widest possible notice to all affected parties. Written notice of such hearing shall therefore be provided to NPBCWCD, to City, and to PGA National POA at least thirty (30) days prior to the hearing. Notice of the hearing shall also be provided to the residents of PGA National by publication of notice in a newspaper of general circulation, as required by law for a public hearing. Minor technical errors in receipt or delivery of special notice shall not affect the appropriateness of the Board of County's Commissioners' decision. The hearing shall be held between the period from November 1 to March 30; and [3] [4] At its public hearing, the Board of County Commissioners shall not be precluded from considering any relevant information or testimony which may be presented to it regarding the timeliness, necessity or appropriateness of acquiring the right-of-way. The Board shall to the greatest extent possible rely upon objective, verifiable information (such as traffic analyses) that demonstrates that County acquisition of the right-of-way is timely, necessary and appropriate in order to promote and enhance public health, safety and welfare. In TAL:52348:2 3 making this determination, the Board of County Commissioners should strongly consider whether or not the roadway system within the Radius of Development Influence of PGA National operates at or above its designated level of service. As a particular indicator that acquisition of the right-of-way is not timely, necessary or appropriate, the Board of County Commissioners should consider whether or not the fully constructed links of [a] Military Trail between PGA Boulevard and Northlake Boulevard and [b] Beeline Highway south of Northlake Boulevard have actually deteriorated below the adopted level of service for at least the two (2) consecutive, regularly scheduled traffic count periods immediately preceding the Board of County Commissioners' hearing. The level of service shall be based upon the standards and procedures in force at the time of the hearing. If the roadway system, and the particular links identified above are operating at or above the adopted levels of service, the Board of County Commissioners should strongly consider that acquisition of the right-of-way is not timely, necessary or appropriate. (d) Prior to conveyance, Palm Beach County shall agree to accept a deed of conveyance for the right-of-way from NPBCWCD which shall include a deed restriction or covenant that would be binding upon the parties, their successors and assigns and would limit in perpetuity construction of the roadway by the County to a maximum of two (2) through lanes from Thornton Drive to Carrick Road. The deed restriction shall not prohibit construction of greater laneage provided that the expanded roadway is approved by the PGA National Property Owners Association, Inc. (e) County shall have no ability or authority to require conveyance of the right-of-way until such time as all conditions precedent identified in Condition A.(3)(a) through (d), above, are satisfied. V. POTABLE WATER CONSERVATION MEASURES. Water saving fixtures shall be used throughout the development, as this measure could reduce potable water and wastewater loads generated by the project by 26% VI. WATER OUALITY MONITORING. A water quality monitoring project acceptable to the Department of Environmental Protection and the South Florida Water Management District shall be implemented with specific measurement for pesticide, herbicide, fungicide and nutrient used on the project site. Results shall be regularly submitted to the Department of Environmental Protection and the South Florida Water Management District. Should these results indicate degradation of waters discharged from the site, immediate remedial action shall be undertaken. VII. SURFACE WATER MANAGEMENT. A surface water management permit shall not be attained at the expense of reducing either the quantity or quality of the presently proposed marsh areas. VIII. ENERGY CONSERVATION MEASURES. The following energy conservation measures shall be undertaken: TAL523482 4 - The orienting and location of occupied space will be planned to maximize natural ventilation and minimize solar heat gain for comfort with modest use of air conditioning. and mini-vehicle facilities for personal movement. part of the project building code. This standard provides genetrally: - Private automobile use will be controlled to encourage use of pedestrian ASHRAE Standard 90-75 and subsequent issues will be incorporated as - - High thermal resistamce of building envelope. Restrictive use of new energy for humidity control. Quality air conditioning equipment with high energy efficiency Well insulated hot water storage tanks. Good lighting design with high lamp efficiencies. Requirement for energy analysis of buildings of unusual design to - - ratios (EER). - - - provide reasonable energy use but not restrict architectural imagination. - Maximum use of reverse cycle air conditioning. Pool hearing by non-depleting energy only. Incorporate solar water heating for the production of domestic hot water. As other uses of solar energy become economically feasible, include them - - - throughout the project. IX. MAXIMUM RESIDENTIAL DENSITY. a. The development shall be limited to a maximum of 5,237 residential dwelling units. In revising the master plan of development, the residential densities of any development parcel shall not be increased above those shown on the current approved master plan without the express approval of the City Council. b. TAL:52348:2 5 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 26,2005 Meeting Date: August 18,2005 Ordinance 28,2005 Resolution 110,2005 SUBJECT/AGENDA ITEM Ordinance 28,2005 & Resolution 110,2005: William T. Dwyer High School Expansion - PUD Amendment and Conditional Use Approval First Reading: A request by the School District of Palm Beach County for approval of (1) an amendment to the William T. Dwyer High School Planned Unit Development to allow for a new 49,138 square-foot two-story building; and (2) a Conditional Use for the entire school campus. The William T. Dwyer High School is generally located between Central Boulevard and Military Trail, approximately one-quarter (114) mile south of Donald Ross Road, at 13601 North Military Trail, Palm Beach Gardens. [XI Recommendation to APPROVE with conditions [ ] Recommendatioh to DENY Reviewed by: Finance NIA Development i% Bahareh Keshavarz-Wolfs, AICP Compliance LJ Charles K. Wu. AICP Approved By: City Man er e- Ronafh M. $&-is Originating Dept.: [XI Quasi - Judicial [ ] Legislative [ ] Public Hearing Advertised: [ 3 Required [XI Not Required Affected Parties: [ ]Notified fXfNut Required FINANCE: N/A Costs: $ NIA Total $ NIA Current FY Funding Source: [ ] Operating [XI Other3 Budget Acct.#: NIA City Council Action: [ 3 Approved [ ] App. wl conditions [ ] Denied [ 3 Rec. approval [ ] Rec. app. wl conds. [ ] Rec. Denial [ ] Continued to: Attachments: Conditional Use Section 1013.33, F.S. Ordinance 10, 1989 Project Summary Aerial Development Plans Ordinance 28,2005 Resolution 110,2005 Analysis prepared by Applicant Date Prepared: July 26,2005 Meeting Date: August 18,2005 Ordinance 28,2005 Resolution 110.2005 BACKGROUND The William T. Dwyer High School (the “School”) was approved as a Planned Unit Development (PUD) on June 15, 1989, through the adoption of Ordinance 10, 1989. The ordinance approved the development of an approximately 345,000 square-foot high school facility on 60 acres of land. The site was approved with an underlying zoning designation of Governmental Use District (GU). At the time of approval, schools were permitted by right in the GU zoning district; therefore, no Conditional Use approval was ever granted to the School. LAND USE AND ZONING The subject site has a Publichstitutional (P) future land-use designation and lies within a Public or Institutional (PA) zoning district. Table 1 attached hereto identifies the land-use and zoning designations of the adjacent properties. PROJECT DETAILS The School District of Palm Beach County (the “District”) is requesting approval of (1) an amendment to the William T. Dwyer High School Planned Unit Development (PUD) to allow for a new 49,138 square-foot two-story building; and (2) a Conditional Use for the entire school campus. The new addition, to be located within an existing courtyard, will contain approximately 30 new classrooms including general classrooms and science labs. A small portion of the new structure will be visible from Military Trail. To accommodate the new building, 28 parking spaces will be eliminated from the student parking lot. The District has indicated that these spaces are not needed to meet the parking requirements set forth in the State Requirements for Educational Facilities (SREF) and will not be relocatedheplaced at this time. The architecture of the new building will match that of the existing buildings on site. Eight (8) existing Dahoon Holly trees will be removed to accommodate the new building. Thirteen (13) existing Cabbage Palms will be relocated to another location on the campus. New landscaping adjacent to the addition will include the following species: Live Oak, Red Maple, Cabbage Palm and Pigeon Palm. The attached development plans provide further detail relating to the proposed expansion. 2004 FLORIDA STATUTES In accordance with Section 1013.33, Florida Statutes (F.S.), entitled Coordination of planning (Educational facilities) with local governing bodies (attached), the District is required to request a determination from the City that a site plan for a proposed educational facility is consistent with the City’s Comprehensive Plan. The City shall determine, in writing, within 45 days after receiving all necessary information and the District’s request for a determination, whether the proposed educational facility is consistent with the local comprehensive plan and consistent with local land development regulations. If the determination is affirmative, school construction may commence 2 Date Prepared: July 26,2005 Meeting Date: August 18,2005 Ordinance 28,2005 Resolution 110,2005 and further City approvals are not required, except as provided in Section 1013.33, F.S. Failure of the City to make a determination in writing within 90 days after the District’s request for a determination of consistency shall be considered an approval of the District’s application. If the proposed site plan is consistent with the comprehensive plan’s land use policies and categories in which public schools are identified as allowable uses, the City may not deny the application. The City may only consider the site plan and its adequacy as it relates to environmental concerns, health, safety and welfare, and effects on adjacent property. Standards and conditions may not be imposed which conflict with those established in Section 1013, F.S., or the Florida Building Code, unless mutually agreed and consistent with the interlocal agreement required by Section 1013.33, F.S. CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN Future Land Use Element The following are policies set forth in the City’s Comprehensive Plan relating to school facilities with which the proposed expansion is consistent: Policy 1.1.1.7.: The City shall ensure the availability for suitable land for public and institutional uses necessary to support development by: ***** 2. Allowing public/institutional uses in certain land-use categories subject to limitations and locational criteria as identified in this Plan. Such locational criteria shall include the following standards: ***** (c) Public/Institutional Uses shall be limited in intensity to a maximum lot coverage of 40% of the site and a maximum building height of 50 feet. Staff Comment: The existing School campus including the proposed addition will have a lot coverage of 1 1.7% and a maximum building height of 28 feet. (d) Schools shall be considered as compatible and allowable in areas designated with any residential land-use category (RR20, RR10, RVL, RL, RM, RH). Further, schools shall be considered pubWinstitutiona1 uses and be allowable within areas designated Industrial (IND) and Public/Institutional (P) on the Future Land Use Map. Staff Comment: The subject site has a PublidInstitutional (P) future land-use designation. (e) Public/Institutional Uses shall be buffered from adjacent land uses and shall be set back from adjacent roadways. Buffering for noise, odors, glare and lights shall be provided. Setbacks shall be a minimum of 25 feet in the front, 15 feet in the sides and rear and buffers shall be a minimum of 5 feet. Buffers and setbacks may be increased depending on the characteristics of the proposed public/institutional use. Stadiums, outdoor recreational facilities and similar support facilities shall be located 3 Date Prepared: July 26,2005 Meeting Date: August 18,2005 Ordinance 28,2005 Resolution 1 10, 2005 and buffered on the proposed site to minimize impacts on adjacent properties. Staff Comment: The new addition is located in the heart of the campus, meets the setback requirements set forth above and will not cause any negative impact on adjacent properties. Public School Facilities Element The following are policies set forth in the City’s Comprehensive Plan relating to the siting and development review process for public school facilities: Objective 11.1.4.: To establish a process of coordination and collaboration between the County, local governments, and the School District in the planning and siting of public school facilities in coordination with planned infrastructure and public facilities. Policy 11.1.4.1: The City of Palm Beach Gardens shall coordinate and provide for expedited review of development proposals with the School District during the development review process to ensure integration of public school facilities with surrounding land uses and the compatibility of uses with schools. Staff Comments: Staff has made every attempt to expeditiously review the District’s development proposal in accordance with the City’s LDRs to ensure the compatibility of the proposed addition with the surrounding land uses. Policy 11.1.4.2: There shall be no significant environmental conditions and significant historical resources on a proposed site that can not be mitigated or otherwise preclude development of the site for a public educational facility. Staff Comments: Staff has determined that the proposed addition poses no threats to the environmental resources on site. The applicant has indicated that there exist no historical resources on site. Policy 11.1.4.3: The proposed site shall be suitable or adaptable for development in accordance with applicable water management standards, and shall not be in conflict with the adopted or officially accepted plans of the South Florida Water Management District, or any applicable Stormwater Utility or Drainage District. Staff Comments: The District has indicated that all necessary development permits have already been acquired. CITY OF PALM BEACH GARDENS LAND DEVELOPMENT REGULATIONS (LDR’S) Section 78-1 59 of the City’s LDR’s, entitled Permitted uses, conditional, and prohibited uses, requires “Schools, Public and Private,” to be granted Conditional Use approval by the City Council. The original School site was approved in 1989 as a Planned Unit Development (PUD) with an underlying zoning designation of Governmental Use District (GU). At the time, Conditional Use approval was not required for schools within the GU District; therefore, no Conditional Use approval exists on the School campus. Staff has determined that the currently proposed expansion 4 Date Prepared: July 26,2005 Meeting Date: August 18,2005 Ordinance 28,2005 Resolution 110,2005 shall proceed through the City’s Conditional Use approval process in order to bring the site into conformity with the City’s LDRs. Demonstration of the proposed expansion’s compliance with the City’s Conditional Use Criteria established in Section 78-52 is attached hereto. CONDITIONS OF APPROVAL Staff has included conditions of approval in the proposed resolution that require the applicant to (1) submit digital files of the approved civil and architectural design to the City; (2) screen all rooftop mechanical equipment; and (3) install a perimeter hedge adjacent to Military Trail as shown on the approved plans for the subject property dated May 19, 1989. DEVELOPMENT REVIEW COMMITTEE The City’s Development Review Committee performed a review of the project and determined that the proposed expansion is generally consistent with the requirements of the City’s Comprehensive Plan and Land Development Regulations. PLANNING, ZONING AND APPEALS BOARD At its July 12, 2005, meeting, the City’s Planning, Zoning and Appeals Board held a public hearing to review the subject petition. The Board had no concerns with the proposed development plan and voted 7-0 to recommend its approval to the City Council STAFF RECOMMENDATION In accordance with the aforementioned Florida Statutes, staff has reviewed the proposed expansion and considered its adequacy as it relates to environmental concerns, health, safety and welfare, and effects on adjacent property. Staff has determined that the proposed site plan does not raise any environmental concerns; it ensures the health, safety and welfare of the students and faculty on the school campus, as well as that of the surrounding residents and visitors to the site; it minimizes negative effects on adjacent properties; and it is consistent with the City’s Comprehensive Plan, as stated herein. Therefore, staff recommends APPROVAL of Ordinance 28, 2005 and Resolution 110, 2005, subject to the conditions listed in the proposed resolution granting the conditional use, attached hereto. 5 Date Prepared: July 26,2005 Meeting Date: August 18,2005 Ordinance 28,2005 Resolution 110,2005 Subiect Property William T. Dwyer High School Public or Institutional (P/I) with a Planned Unit Development (PUD) Overlay Public North Ross PUD Mixed Use Planned Unit Mixed Use Development (MXD/PUD) (MXD)/Commercial (C) Residential High (RH) with a Planned Unit Development (PUD) Overlay South Fiore Residential PUD Residential High (RH) West Benjamin High 6 Public or Institutional (P/I) with a Planned Unit Recreation Open Space (ROS) & Residential Development (PUD) Overlay Medium (RM) j&t Evergrene PCD Residential Medium (RM) Planned Community Development (PCD) CONDITIONAL USE ANALYSIS City of Palm Beach Gardens LDR Section 78-52 (1) Comprehensive plan. The proposed use is consistent with comprehensive plan. StGff Ana!ysis: The subject site has a Public/Institutional (P) future land-use designation. Policy 1.1.1.7(2)(d) of the Future Land Use Element of the City’s Comprehensive Plan states that schools shall be considered publichnstitutional uses and be allowable within areas designated Industrial (IND) and Public/Institutional (P) on the Future Land Use Map. COMPLIES. (2) Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. Staff Analysis: Section 78-1 59 of the City’s LDR’s, entitled Permitted uses, conditional, and prohibited uses, requires “Schools, Public and Private,” located within a Public or Institutional (PA) zoning district to acquire Conditional Use approval from the City Council. The site plan including the new addition is generally consistent with the requirements of this chapter. COMPLIES. (3) Standards. provided in Section 78-159. The proposed use is consistent with the standards for such use as Staff Analysis: The existing use is consistent with the additional standards provided in Section 78-1 59Cj). COMPLIES. (4) Public welfare. The proposed use provides for the public health, safety, and welfare by: a. Providing for a safe and effective means of pedestrian access; b. Providing for a safe and effective means of vehicular ingress and egress; c. Providing for an adequate roadway system adjacent to and front of the site; d. Providing for safe and efficient onsite traffic circulation, parking, and overall control; and e. Providing adequate access for public safety purposes, including fire and police protection. Staff Analvsis: provides for the public health, safety, and welfare. COMPLIES. The existing campus satisfies the aforementioned requirements and, therefore, (5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impact as: a. Noise; b. Glare; C. Odor; d. Ground-, wall-, or roof-mounted mechanical equipment; e. Perimeter, interior, and security lighting; f. Signs; g. Waste disposal and recycling; h. Outdoor storage of merchandise and vehicles; i. Visual impact; and j. Hours of operation. StqffAnalvsis: The proposed expansion is located in the heart of the existing campus; therefore, there will be no additional impacts on surrounding properties. COMPLIES. (6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. Staff AnaZysis: There will be no impact from the utility installation for the new expansion on adjacent properties. COMPLIES. (7) Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the chapter. Stuff Ana4vsis: The proposed expansion is consistent with the requirements of this chapter. COMPLIES. (8) Neighborhood plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. N/A (9) Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character of area development. StaffAnalvsis: The School site has been in existence at its current location since 1989 and has 2 proven to be compatible with the surrounding areas. COMPLIES. (10) Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. Stuff Analysis: N/A (11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the City. Staff Ana!ysis: Staff has reviewed the proposed expansion of use and found it to be in harmony with the intent of the City’s LDRs and the Goals, Objectives, and Policies of the Comprehensive Plan. COMPLIES. (12) Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. StaffAna!ysis: The proposed expansion will be located within an existing courtyard and will only be slightly visible from Military Trail. There will be no adverse visual impacts or impacts caused by the intensity of the proposed expansion. COMPLIES. (13) Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impacts on environmental and natural resources including air, water, storm water management, wildlife, vegetation, and wetlands. StqffAnaJysis: Staff has reviewed the proposed development plan and determined that there will be no adverse impacts on environmental and natural resources. COMPLIES. Statutes & Constitution :View Statutes :->2004->ChlO 13->Section 33 : flsenate.gov Select Year: 2004 The 2004 Florida Statutes Page 1 of 5 Title XLVlll Chapter 1013 View Entire Chapter K-20 EDUCATION CODE EDUCATIONAL FACILITIES 101 3.33 Coordination of planning with local governing bodies.-- (1 ) It is the policy of this state to require the coordination of planning between boards and local governing bodies to ensure that plans for the construction and opening of public educational facilities are facilitated and coordinated in time and place with plans for residential development, concurrently with other necessary services. Such planning shall include the integration of the educational facilities plan and applicable policies and procedures of a board with the local comprehensive plan and land development regulations of local governments. The planning must include the consideration of allowing students to attend the school located nearest their homes when a new housing development is constructed near a county boundary and it is more feasible to transport the students a short distance to an existing facility in an adjacent county than to construct a new facility or transport students longer distances in their county of residence. The planning must also consider the effects of the location of public education facilities, including the feasibility of keeping central city facilities viable, in order to encourage central city redevelopment and the efficient use of infrastructure and to discourage uncontrolled urban sprawl. In addition, all parties to the planning process must consult with state and local road departments to assist in implementing the Safe Paths to Schools program administered by the Department of Transportation. (2)(a) The school board, county, and nonexempt municipalities located within the geographic area of a school district shall enter into an interlocal agreement that jointly establishes the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated. The interlocal agreements shall be submitted to the state land planning agency and the Office of Educational Facilities and the SMART Schools Clearinghouse in accordance with a schedule published by the state land planning agency. (b) The schedule must establish staggered due dates for submission of interlocal agreements that are executed by both the local government and district school board, commencing on March 1, 2003, and concluding by December 1, 2004, and must set the same date for all governmental entities within a school district. However, if the county where the school district is Located contains more than 20 municipalities, the state land planning agency may establish staggered due dates for the submission of interlocal agreements by these municipalities. The schedule must begin with those areas where both the number of districtwide capital-outlay full-time-equivalent students equals 80 percent or more of the current year's school capacity and the projected 5-year student growth rate is 1,000 or greater, or where the projected 5-year student growth rate is 10 percent or greater. (c) If the student population has declined over the 5-year period preceding the due date for submittal of an interlocal agreement by the local government and the district school board, the local government and district school board may petition the state land planning agency for a waiver of one or more of the requirements of subsection (3). The waiver must be granted if the procedures called for in subsection (3) are unnecessary because of the school district's declining school age population, considering the district's 5-year work program prepared pursuant to s. 1013.35. The state land planning agency may modify or revoke the waiver upon a finding that the conditions upon which the waiver was granted no longer exist. The district school board and local governments must submit an interlocal agreement within 1 year after notification by the state land planning agency that the conditions for a waiver no longer exist. (d) lnterlocal agreements between local governments and district school boards adopted pursuant http://www.flsenate.gov/Statutes/index.cfm?p=2&App - mode=Display-Statute&Search-Stri ... 7/6/2005 Statutes & Constitution :View Statutes :->2004->Chl013->Section 33 : flsenate.gov Page 2 of 5 to 5.1 77 before the effective date of subsections (2)-(9) must be updated and executed pursuant tothe requirements of subsections (2)-(9), if necessary. Amendments to interlocal agreements adopted pursuant to subsections (2)-(9) must be submitted to the state land planning agency within 30 days after execution by the parties for review consistent with subsections (3) and (4). Local governments and the district school board in each school district are encouraged to adopt a single interlocal agreement in which all join as parties. The state land planning agency shall assemble and make available model interlocal agreements meeting the requirements of subsections (2)-(9) and shall notify local governments and, jointly with the Department of Education, the district school boards of the requirements of subsections (2)-(9), the dates for compliance, and the sanctions for noncompliance. The state land planning agency shall be available to informally review proposed interlocal agreements. If the state land planning agency has not received a proposed interlocal agreement for informal review, the state land planning agency shall, at least 60 days before the deadline for submission of the executed agreement, renotify the local government and the district school board of the upcoming deadline and the potential for sanctions. (3) At a minimum, the interlocal agreement must address the following issues: (a) A process by which each local government and the district school board agree and base their plans on consistent projections of the amount, type, and distribution of population growth and student enrollment. The geographic distribution of jurisdiction-wide growth forecasts is a major objective of the process. (b) A process to coordinate and share information relating to existing and planned public school facilities, including school renovations and closures, and local government plans for development and redevelopment. (c) Participation by affected local governments with the district school board in the process of evaluating potential school closures, significant renovations to existing schools, and new school site selection before land acquisition. Local governments shall advise the district school board as to the consistency of the proposed closure, renovation, or new site with the local comprehensive plan, including appropriate circumstances and criteria under which a district school board may request an amendment to the comprehensive plan for school siting. (d) A process for determining the need for and timing of onsite and offsite improvements to support new construction, proposed expansion, or redevelopment of existing schools. The process shall address identification of the party or parties responsible for the improvements. (e) A process for the school board to inform the local government regarding school capacity. The capacity reporting must be consistent with laws and rules regarding measurement of school facility capacity and must also identify how the district school board will meet the public school demand based on the facilities work program adopted pursuant to s. 1013.35, (f) Participation of the local governments in the preparation of the annual update to the school board's 5-year district facilities work program and educational plant survey prepared pursuant to s. 101 3.35. (g) A process for determining where and how joint use of either school board or local government facilities can be shared for mutual benefit and efficiency. (h) A procedure for the resolution of disputes between the district school board and local governments, which may include the dispute resolution processes contained in chapters 164 and 186. (i) An oversight process, including an opportunity for public participation, for the implementation of the interlocal agreement. http:// www.flsenate.gov/Statutes/index.cfm?p=2&App~mode=Display~Statute&Search~Stri... 7/6/2005 Statutes & Constitution :View Statutes :->2004->Chl013->Section 33 : flsenate.gov Page 3 of 5 A signatory to the interlocal agreement may elect not to include a provision meeting the requirements of paragraph (e); however, such a decision may be made only after a public hearing on such election, which may include the public hearing in which a district school board or a local government adopts the interlocal agreement. An interlocal agreement entered into pursuant to this section must be consistent with the adopted comprehensive plan and land development regulations of any Local government that is a signatory. (4)(a) The Office of Educational Facilities and SMART Schools Clearinghouse shall submit any comments or concerns regarding the executed interlocal agreement to the state land planning agency within 30 days after receipt of the executed interlocal agreement. The state land planning agency shall review the executed interlocal agreement to determine whether it is consistent with the requirements of subsection (3), the adopted local government comprehensive plan, and other requirements of law. Within 60 days after receipt of an executed interlocal agreement, the state land planning agency shall publish a notice of intent in the Florida Administrative Weekly and shall post a copy of the notice on the agency's Internet site. The notice of intent must state that the interlocal agreement is consistent or inconsistent with the requirements of subsection (3) and this subsection as appropriate. (b) The state land planning agency's notice is subject to challenge under chapter 120; however, an affected person, as defined in s. 163.3184(1)(a), has standing to initiate the administrative proceeding, and this proceeding is the sole means available to challenge the consistency of an interlocal agreement required by this section with the criteria contained in subsection (3) and this subsection. In order to have standing, each person must have submitted oral or written comments, recommendations, or objections to the local government or the school board before the adoption of the interlocal agreement by the district school board and local government. The district school board and local governments are parties to any such proceeding. In this proceeding, when the state land planning agency finds the interlocal agreement to be consistent with the criteria in subsection (3) and this subsection, the interlocal agreement must be determined to be consistent with subsection (3) and this subsection if the local government's and school board's determination of consistency is fairly debatable. When the state land planning agency finds the interlocal agreement to be inconsistent with the requirements of subsection (3) and this subsection, the local government's and school board's determination of consistency shall be sustained unless it is shown by a preponderance of the evidence that the interlocal agreement is inconsistent. (c) If the state land planning agency enters a final order that finds that the interlocal agreement is inconsistent with the requirements of subsection (3) or this subsection, the state land planning agency shall forward it to the Administration Commission, which may impose sanctions against the local government pursuant to s. 163.3184(11) and may impose sanctions against the district school board by directing the Department of Education to withhold an equivalent amount of funds for school construction available pursuant to ss. 1013.65, 1013.68? 1013.70, and 1013.72.. (5) If an executed interlocal agreement is not timely submitted to the state land planning agency for review, the state land planning agency shall, within 15 working days after the deadline for submittal, issue to the local government and the district school board a notice to show cause why sanctions should not be imposed for failure to submit an executed interlocal agreement by the deadline established by the agency. The agency shall forward the notice and the responses to the Administration Commission, which may enter a final order citing the failure to comply and imposing sanctions against the local government and district school board by directing the appropriate agencies to withhold at least 5 percent of state funds pursuant to s. 163.3184(11) and by directing the Department of Education to withhold from the district school board at least 5 percent of funds for school construction available pursuant to ss. 1013.65, 1013.68, 1013.70, and 1013.72. (6) Any local government transmitting a public school element to implement school concurrency pursuant to the requirements of s. 163.3180 before the effective date of this section is not required to amend the element or any interlocal agreement to conform with the provisions of subsections (2)-(8) if the element is adopted prior to or within 1 year after the effective date of http://www.flsenate.gov/Statutes/index.cfm?p=2&App - mode=Display-Statute&Search-Stri ... 7/6/2005 Statutes & Constitution :View Statutes :->2004->ChlO 13->Section 33 : flsenate.gov Page 4 of 5 I subsections (2)-(8) and remains in effect. (7) Except as provided in subsection (8), municipalities having no established need for a new facility and meeting the following criteria are exempt from the requirements of subsections (2), (3), and (4): (a) The municipality has no public schools located within its boundaries. (b) The district school board's 5-year facilities work program and the long-term 10-year and 20- year work programs, as provided in s. 101 3.35, demonstrate that no new school facility is needed in the municipality. In addition, the district school board must verify in writing that no new school facility will be needed in the municipality within the 5-year and 10-year timeframes. (8) At the time of the evaluation and appraisal report, each exempt municipality shall assess the extent to which it continues to meet the criteria for exemption under subsection (7). If the municipality continues to meet these criteria and the district school board verifies in writing that no new school facilities will be needed within the 5-year and 10-year timeframes, the municipality shall continue to be exempt from the interlocal-agreement requirement. Each municipality exempt under subsection (7) must comply with the provisions of subsections (2)-(8) within 1 year after the district school board proposes, in its 5-year district facilities work program, a new school within the municipality's jurisdiction. (9) A board and the local governing body must share and coordinate information related to existing and planned school facilities; proposals for development, redevelopment, or additional development; and infrastructure required to support the school facilities, concurrent with proposed development. A school board shall use information produced by the demographic, revenue, and education estimating conferences pursuant to s. 21 6.136 when preparing the district educational facilities plan pursuant to s. 1013.35, as modified and agreed to by the local governments, when provided by interlocal agreement, and the Office of Educational Facilities and SMART Schools Clearinghouse, in consideration of local governments' population projections, to ensure that the district educational facilities plan not only reflects enrollment projections but also considers applicable municipal and county growth and development projections. The projections must be apportioned geographically with assistance from the local governments using local government trend data and the school district student enrollment data. A school board is precluded from siting a new school in a jurisdiction where the school board has failed to provide the annual educational facilities plan for the prior year required pursuant to s. 101 3.35 unless the failure is corrected. (10) The location of educational facilities shall be consistent with the comprehensive plan of the appropriate local governing body developed under part II of chapter 163 and consistent with the plan's implementing land development regulations. (1 1) To improve coordination relative to potential educational facility sites, a board shall provide written notice to the Local government that has regulatory authority over the use of the land consistent with an interlocal agreement entered pursuant to subsections (2)-(8) at least 60 days prior to acquiring or leasing property that may be used for a new public educational facility. The local government, upon receipt of this notice, shall notify the board within 45 days if the site proposed for acquisition or lease is consistent with the land use categories and policies of the local government's comprehensive plan. This preliminary notice does not constitute the local government's determination of consistency pursuant to subsection (1 2). (12) As early in the design phase as feasible and consistent with an interlocal agreement entered pursuant to subsections (2)-(8), but no later than 90 days before commencing construction, the district school board shall in writing request a determination of consistency with the local government's comprehensive plan. The local governing body that regulates the use of land shall determine, in writing within 45 days after receiving the necessary information and a school board's request for a determination, whether a proposed educational facility is consistent with the local littp://www.flsenate.gov/Statutes/index.cfm?p=2&App - mode=Display-Statute&Search-Stri ... 7/6/2005 Statutes & Constitution :View Statutes :->2004->ChlO 13->Section 33 : flsenate.gov Page 5 of 5 comprehensive plan and consistent with local land development regulations. If the determination is affirmative, school construction may commence and further local government approvals are not required, except as provided in this section. Failure of the local governing body to make a determination in writing within 90 days after a district school board's request for a determination of consistency shall be considered an approval of the district school board's application. Campus master plans and development agreements must comply with the provisions of ss. 1Q13,30 and 1013.63. (13) A local governing body may not deny the site applicant based on adequacy of the site plan as it relates solely to the needs of the school. If the site is consistent with the comprehensive plan's land use policies and categories in which public schools are identified as allowable uses, the local government may not deny the application but it may impose reasonable development standards and conditions in accordance with s. 101.3.51 (1) and consider the site plan and its adequacy as it relates to environmental concerns, health, safety and welfare, and effects on adjacent property. Standards and conditions may not be imposed which conflict with those established in this chapter or the Florida Building Code, unless mutually agreed and consistent with the interlocal agreement required by subsections (2)- (8). (14) This section does not prohibit a local governing body and district school board from agreeing and establishing an alternative process for reviewing a proposed educational facility and site plan, and offsite impacts, pursuant to an interlocal agreement adopted in accordance with subsections (2)-(8). (1 5) Existing schools shall be considered consistent with the applicable local government comprehensive plan adopted under part II of chapter 163. If a board submits an application to expand an existing school site, the local governing body may impose reasonable development standards and conditions on the expansion only, and in a manner consistent with s. 1013.51 (1). Standards and conditions may not be imposed which conflict with those established in this chapter or the Florida Building Code, unless mutually agreed. Local government review or approval is not required for: (a) The placement of temporary or portable classroom facilities; or (b) Proposed renovation or construction on existing school sites, with the exception of construction that changes the primary use of a facility, includes stadiums, or results in a greater than 5 percent increase in student capacity, or as mutually agreed upon, pursuant to an interlocal agreement adopted in accordance with subsections (2)-(8). History.--s. 23, ch. 2002-296; s. 828, ch. 2002-387; s. 129, ch. 2003-1. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright 0 2000-2004 State of Florida. http://www.flsenate.gov/Statutes/index.cfm?p=2&App - mode=Display-Statute&Search-Stri ... 7/6/2005 J ORDINANCE 10, 1989 'r I May 15, 1989 May 23, 1989 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT WITH UNDERLYING ZONING OF GU - GOVERNMENTAL USE DISTRICT OF THE PALM BEACH GARDENS CODE, FOR THE USE OF CONSTRUCTION AND OPERATION OF A HIGH SCHOOL FACILITY; AND, PROVIDING FOR THE REPEAL OF AJiL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDAI Section 1. A parcel of land comprising of 60.00 acres, approximately, located between North Military Trail and Central Boulevard, south of Donald Ross Road and north of Hood Road, more particularly described in Exhibit "A", attached hereto and made a part hereof, is hereby rezoned Planned Unit Development(I&UB). The Planned Unit Development hereby created shall permit Govern- mental Use (GU) consisting of the construction and operation of s community high school facility more particuarly described in Exhibit "B". Section 2. An Interlocal Agreement between the School Board of Palm Beach County and the City of Palm Beach Gardens agreeing to the following: A. All facilities when not used by the school shall be opened to the public, including but not limited to recreation facilities, library and auditorium; provided, however, such use shall be subject to the rules and regulations enacted by the Board. 8. These facilities shall be located in build- ings reasonably acceseible to the public , C. The school property, including landcaping, shall be maintained in accordance with the Palm Beach Gardens Landscape Code. Section 2. Siredrainage andwetlandsmitigacion must be approved and permitted by the appropriate regulatory agencies. Section ft. Inventories and relocation programs of plants, animals and species listed by the Federal and/or State authorities shall be completed in accordance with the requirements of the Florida Gameand Fresh Water Fish Commission and other regulatory agencies as required. Section 5. The applicant shall comply with the City of Palm Beach Gardens Traffic Performance Standards Ordinance and shall include, at a minimum, the following conditions: A. Separate northbound left-turn lanes and southbound right-turn lanes shall be provided on Military Trail at both Military Trail driveways. B. Both Military Trail driveways shall provide two (2) inbound and two (2) outbound lanes. C. Any right-of-way required, along the length of the property's Military Trail frontage, to meet the standards established by the County's Thoroughfare Right-of-way Protection Map shall be dedicated to the County. D. Additional right-of-way, in excess of that required by the Thoroughfare Right-of-way Protection Map, shall be dedicated to Palm Beach County for the provision of southbound right-turn lanes at both Military Trail driveways. When Military Trail is built to six (6) lane cross section, a minimum length of 180 feet for taper and 100 feet for storage with a maximum width of 12 feet shall be provided. E. The southern drivewayjMilitary Trail intersection shall be signalized when warranted. F. A separate southbound left-turn lane shall be provided at the Central Boulevard driveway. F. The Central Boulevard driveway shall provide one (1) inbound and one (1) outbound lane. However, adequate -2- setbacks shall be maintained in order to construct separate right-turn and left-turn outbound lanes if warranted in the future. H. Any right-of-way required, along the length of the property's Central Boulevard frontage, to meet the standards established by the County's Thoroughfare Right-of-way Protection Map shall be dedicated to the County. I. Additional right-of-way, in excess of that required by the Thoroughfare Right-of-way Protection Map shall be reserved south of the Central Boulevard driveway for a future right-turn lane if warranted. A minimum length of 180 feet for taper and 100 feet for storhge with a maximum width of 12 feet shall be reserved. Section 6. The applicant shall comply with the County's Impact Fee Ordinance or shall obtain a letter prior to final public hearing that this project has met or is exempt from said standards. -- Section 7. The applicant shall comply with the City's policy that Central Boulevard, south of Donald Ross Road will be designatem as a Parkway System. a corridor of 300 feet within which the arterial roadway can accommodate bikeway system, pedestrian nodes, recreational oppor- tunities, preservation and landscaping. -- The Parkway System shall preserve Section g. The applicant shall obtain a commitment letter from Seacoast Utilities for the connection of water and sewer facilities prior to opening the school €or occupancy. 'Section 2. Prior to construction, approvals shall be received from a11 appropriate regulatory agencies, such as DER and South Florida Water Management District, with copies submitted to the City of Palm Beach Gardens. -3- Section 2. All Ordinances or parts of Ordinances in conflict Herewith are hereby repealed. ,Section 11. This Ordinance shall be effective upon date of passage. PLACED ON'FIRST READING THIS THE 18th DAY OF MAY, 1989. PLACED ON SECOND READING THIS THE /J DAY OF $fw , 1989. ul PASSED AND ADOPTED , 1989. rn THIS THE /d DAY OF ATTEST : ///A CUCLMAN THE NORTH LINE OF SAID KCTION 25 SOUTH oo"48' 04" WST ALONG SAID EAST RiGHT-OF-WAY OF CENTRAL BLVD. A DISTANCE Of f656.10 FEET fo A POINT;W€NCE,SOUM 8# 37' 20" EAST A.MSTANC€ OF 159.96 FEET TO A POiNT ON THE WEST RIGHT-OF-WAY UNE OF MKtfARY 3 AIL FOR A DISTANCE OF 1689.71 FEET TO POINf; THR(CE.NOR'M 8$5dl' OS' WEST FOR A DISTeNCE OF 1570.99 FEET TO THE EAST RIGHT-OF-WAIT OF SAID CENTRAL BLVa AND POINT OF BEGlNNlC OF MIUTARY TRAA; ENCE,NORTH 01~22' 40. EPST ALONG THE WEST RIGHT-W-WI 4, , WILLIAH Brim Gronoa BALDWIN LAW OFFICES BRANT AND BALDWIN 330 FEDERAL HIGHWAY LAKE PARK, FLORIDA 33403 TELEPHONE 1407) 8451700 c_ May 23, 1989 MEMORANDUM TO: John L. Orr, City Manager and members FROM: George W. Baldwin, City Attorney RE: Ordinance 10, 1989, and Interlocal Agreement of the City Council of Palm Beach Gardens Enclosed is a revised Ordinance 10, 1989, and Interlocal Agreement that you had betore on May 16, 1989. The one change in the Ordinance draft is in Section 4 wherein reference to a tree survey was removed and placed in the Interlocal Agreement The changes in the Interlocal Agreement are as follows: 1. In Section 3 a sentence was added that there would be no permanent structures in the 300-foot corri- dor other than as shown on the Site Plan. 2. Paragraph 8 was added, specifying that a tree survey would be conducted by the City Forester. d * W 4 a. . ORDINANCE io, 1989 CREATION OF A PUD, ENABLING DEVELOPMENT OF A HIGH SCHOOL ON 60-ACRE PARCEL LOCATED ON THE SOUTH SIDE OF DONALD ROSS ROAD, BETWEEN MILITARY TRAIL AND CENTRAL BOULEVARD. I APPLICATION &TE P & Z WORKSHaP 3 14/89 P a z PUBLIC IHEARING P a z RECOMM~NDATION 4/11/89 Unanimous with conditlons CITY COUNCIL iWORKSHOP 4/27/89 CITY COUNCIL /FIRST READING 5/4/89 CITY COUNCIL !SECOND READING 5/18/89 (RECESSED TO 6/15/89) AND PUBLId HEARING 6/15/89 ME SCHOOL DISTRICT OF PALM BEACH COUW, FLORIDA PLANNING DEPARTMENT 3300 FOREST HILL BLVD., GI10 WEST PALM BEACH, FL 33406-5813 (561) 434-8100 FAX: (561) 434-8187 ARMURC. JOHNSON, Ph.D. SUPERINTENDENT February 16,2005 Mr. Michael J. Sanchez, Senior Planner Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: W.T. DWER HIGH SCHOOL ADDITION - PROJECT SUMMARY I ADDITIONAL INFORMATION Dear Mr. Sanchez: As you are aware, the School District is preparing to do a classroom addition at W.T. Dwyer High School. The addition will consist of a new 49,138 square foot two story building providing thirty new classrooms that will range from general classrooms to new science labs. The new building will be located on the south side of the campus between existing buildings. Consequently, only a small portion of the new structure will be visible from Military Trail. To accommodate the new building, approximately twenty-eight parking spaces will be eliminated from the student parking lot. These spaces are not needed to meet the parking requirements set forth in the State Requirements for Educational Facilities (SREF) and will not be relocated / replaced at this time. In addition to the project summary provided above, I have enclosed the following information for your use, as requested in your e-mail dated February IO, 2005: 0 Paving and drainage plans 0 Traffic concurrency approval 0 Existing site plan If there are any questions, or if you need additional information, please do not hesitate to contact me at 434-7343. Senior Planner C: Jack Downey, City of Palm Beach Gardens Charles Wu, City of Palm Beach Gardens Kristin Garrison, Planning Department, SDPBC Angela Usher, Planning Department, SDPBC AN EQUAL OPPORTUNITY EMPLOYER __ td L I I i-z ? I I I I I I I C I I I I I I I I I I I I 1 I I 1 I I I I I I I i I I I I 3 I I I I I I I I ........ I. ---+A 2 .... ..... . !? !"' ._." ........ .J ..... ... /i . ,: . ._ 1. . .................................. , _._ , ....................... 4 ,..... ' ........................... I! :-4 ..... <> ..... ... / I"' \... II 'W 1 :...i \."..-".' \.,.-,-.I \\ ......................... .. ...I ........A , .. ., ..*' I. ...... !I I,.. '\ ..... .................. 3 .................... ._ - __". ._ - .......... ... ..I ..... " ........... ._ 1 I ". ... ........ - I \. ..... /' Illm f D- 0 O 1’ i 1 I: ;I lj ;i 1, ‘1 I. ji .... Ij,! ....... I] 1 .. l’;! ........ i ‘.I ................ , ............... ............ I i ....................... I! ,I ......... I.. ~, ........ , 1 t / “I ,..1 , . L .............. ..~ ................... iI 1 I! : i ............. if I- - 3 9 i "I t ' ,: I, , .. . . ,. :i ." , '\ I I I I 1 I I I I -s* I I I I I I I I I c c .. I I I t I I -I I I 4 I I 1 7- I I I I I I ,I I iI I I ;I I I I -I < TI D 3 x D < a - 2 =I - 3 IE P IS t IIIII I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 28,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING ORDINANCE 10, 1989 RELATING TO THE ZONING OF THE WILLIAM T. DWYER HIGH SCHOOL PLANNED UNIT DEVELOPMENT (PUD), LOCATED ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY ONE QUARTER (114) MILE SOUTH OF DONALD ROSS ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO TRANSFER THE SITE PLAN APPROVAL AND RELATED CONDITIONS TO RESOLUTION 110,2005; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 15, 1989, the City Council adopted Ordinance 10, 1989, thereby approving the William T. Dwyer High School Planned Unit Development (PUD) and the master development plan for said PUD; and WHEREAS, the City has received a request from the School District of Palm Beach County (Petitioner) for approval of (1) an amendment to the William T. Dwyer High School Planned Unit Development to allow for a new 49,138-square-foot, two-story building; and (2) a conditional use for the entire school campus, generally located on the west side of Military Trail approximately one quarter (114) mile south of Donald Ross Road, at 13601 North Military Trail, Palm Beach Gardens, as more particularly described herein; and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is more appropriate that the site plan approval and the conditions related thereto be transferred to Resolution 11 0, 2005; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. f Date Prepared: July 26, 2005 Date Prepared: July 26,2005 Ordinance 28,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 2. Section 1 of Ordinance IO, 1989 is amended to read: The zoninq of the following-described property, known as the William T. Dwyer High School, is hereby designated as a Planned Unit Development (PUD) Overlay with an underlvinq zoninq of Public or Institutional (PA): ) zf %.QQ .. LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN THE NORTHWEST ONE-QUARTER AND THE SOUTHWEST ONE-QUARTER OF SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST. COMMENCING AT THE NORTHWEST SECTION CORNER OF SAID SECTION 25; THENCE, SOUTH 89”50’06” EAST, ALONG THE NORTH LINE OF SAID SECTION 25 WAY OF CENTRAL BOULEVARD; THENCE, SOUTH OO”48’04” WEST ALONG THE CENTRAL BOULEVARD FOR A DISTANCE OF 1344.29 FEET TO THE POINT OF WAY OF CENTRAL BOULEVARD. A DISTANCE OF 1656.10 FEET TO A POINT; THENCE, SOUTH 88”37’20” EAST A DISTANCE OF 1553.96 FEET TO A POINT ON FOR A DISTANCE OF 1030.58 FEET TO AN EXTENSION OF THE EAST RIGHT-OF- EXTENSION OF SAID RIGHT-OF-WAY AND THE EAST RIGHT-OF-WAY OF SAID BEGINNING; THENCE, SOUTH OO”48’04” WEST ALONG SAID EAST RIGHT-OF- THE WEST RIGHT-OF-WAY OF MILITARY TRAIL; THENCE, NORTH OI”22’40” EAST ALONG THE WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL FOR A DISTANCE OF 1689.71 FEET TO A POINT; THENCE, NORTH 89”51’05” WEST FOR A BOULEVARD AND POINT OF BEGINNING, CONTAINING 60.00 ACRES, MORE OF LESS. DISTANCE OF 1570.99 FEET TO THE EAST RIGHT-OF-WAY OF SAID CENTRAL BEARING BASED ON AN ASSUMED BEARING OF NORTH 88”50’06”W ON THE NORTH LINE OF THE NORTHWEST Yi OF SAID SECTION 25. SECTION 3. Sections 2 thru 9, inclusive, of Ordinance IO, 1989 are hereby transferred to Resolution 110, 2005. Any future amendments to the development plans and/or conditions of approval shall be accomplished by Resolution of the City Council. SECTION 4. This Ordinance shall become effective immediately upon adoption. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: July 26, 2005 Ordinance 28, 2005 PASSED this day of , 2005, upon first reading. PASSED AND ADOPTED this day of ,2005, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Hal R. Valeche, Councilmember Jody Barnett, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFlCl ENCY BY: Christine P. Tatum, City Attorney FOR AGAINST ABSENT GAattorney-share\ORDINANCES\Dwyer high school - ord 28 2005.doc 3 Date Prepared: July 26, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 1 IO, 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE WILLIAM T. DWYER HIGH SCHOOL PLANNED UNIT DEVELOPMENT (PUD), LOCATED ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY ONE QUARTER (114) MILE SOUTH OF DONALD ROSS ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE CONSTRUCTION OF A 49,138-SQUARE-FOOT, TWO-STORY BUILDING WITHIN THE EXISTING HIGH SCHOOL CAMPUS; GRANTING CONDITIONAL USE APPROVAL FOR THE ENTIRE CAMPUS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 15, 1989, the City Council adopted Ordinance IO, 1989, thereby approving the William T. Dwyer High School Planned Unit Development (PUD) and the master development plan for said PUD; and WHEREAS, the City has received a request from the School District of Palm Beach County for approval of (1) an amendment to the William T. Dwyer High School Planned Unit Development to allow for a new 49,138-square-foot, two-story building; and (2) a conditional use for the entire school campus, generally located on the west side of Military Trail approximately one quarter (1/4) mile south of Donald Ross Road, at 13601 North Military Trail, Palm Beach Gardens, as more particularly described herein; and WHEREAS, the Growth Management Department has reviewed said application, has determined that as conditioned it is sufficient and is consistent with the City’s Land Development Regulations, including, but not limited to, the criteria for conditional use approval, and the City’s Comprehensive Plan, and has recommended approval; and WHEREAS, by adoption of Ordinance 28, 2005, the City Council determined that the site plan approval and related conditions for the William T. Dwyer High School PUD contained in Ordinance IO, 1989 shall be transferred to this Resolution; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. Date Prepared: July 26, 2005 Resolution 110,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The amended Master Development Plan for the William T. Dwyer High School Planned Unit Development is hereby APPROVED on the following described real property to permit the following development: A 49,138-square-foot, two-story building within the existing high school campus; and 0 a conditional use approval for the entire 60-acre William T. Dwyer PUD on an approximately 60-acre site located along the west side of Military Trail approximately one quarter (114) mile south of Donald Ross Road, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN THE NORTHWEST ONE-QUARTER AND THE SOUTHWEST ONE-QUARTER OF SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST. COMMENCING AT THE NORTHWEST SECTION CORNER OF SAID SECTION 25; THENCE, SOUTH 89”50’06” EAST, ALONG THE NORTH LINE OF SAID SECTION 25 WAY OF CENTRAL BOULEVARD; THENCE, SOUTH OO”48’04” WEST ALONG THE CENTRAL BOULEVARD FOR A DISTANCE OF 1344.29 FEET TO THE POINT OF WAY OF CENTRAL BOULEVARD. A DISTANCE OF 1656.10 FEET TO A POINT; THENCE, SOUTH 88’37’20’’ EAST A DISTANCE OF 1553.96 FEET TO A POINT ON FOR A DISTANCE OF 1030.58 FEET TO AN EXTENSION OF THE EAST RIGHT-OF- EXTENSION OF SAID RIGHT-OF-WAY AND THE EAST RIGHT-OF-WAY OF SAID BEGINNING; THENCE, SOUTH OO”48’04” WEST ALONG SAID EAST RIGHT-OF- THE WEST RIGHT-OF-WAY OF MILITARY TRAIL; THENCE, NORTH 01 “22’40” EAST ALONG THE WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL FOR A DISTANCE DISTANCE OF 1570.99 FEET TO THE EAST RIGHT-OF-WAY OF SAID CENTRAL OF 1689.71 FEET TO A POINT; THENCE, NORTH 89”51’05” WEST FOR A BOULEVARD AND POINT OF BEGINNING, CONTAINING 60.00 ACRES, MORE OF LESS. BEARING BASED ON AN ASSUMED BEARING OF NORTH 88”50’06”W ON THE NORTH LINE OF THE NORTHWEST % OF SAID SECTION 25. 2 Date Prepared: July 26,2005 Resolution 110, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 3. Said Planned Unit Development is approved subject to the following amended conditions, which shall be the responsibility of the applicant, its successors, or assigns: 1. An Interlocal Agreement between the School Board of Palm Beach County and the City of Palm Beach Gardens agreeing to the following: a) All facilities when not used by the school shall be opened to the public, including, but not limited to, recreation facilities, library, and auditorium; provided, however, such use shall be subject to the rules and regulations enacted by the Board. b) These facilities shall be located in buildings reasonably accessible to the public. c) The school property, including landscaping, shall be maintained in accordance with the Palm Beach Gardens Landscape Code. 2. Site drainage and wetlands mitigation must be approved and permitted by the appropriate regulatory agencies. 3. Inventories and relocation programs of plants, animals, and species listed by the Federal andlor State authorities shall be completed in accordance with the requirements of the Florida Game and Fresh Water Fish Commission and other regulatory agencies as required. 4. The applicant shall comply with the City of Palm Beach Gardens’ Traffic Performance Standards Ordinance and shall include, at a minimum, the following conditions: a) Separate northbound left-turn lanes and southbound right-turn lanes shall be provided on Military Trail at both Military Trail driveways. CONDITION HAS BEEN SATISFIED. b) Both Military Trail driveways shall provide two (2) inbound and two (2) outbound lanes. CONDITION HAS BEEN SATISFIED. c) Any right-of-way required along the length of the property’s Military Trail frontage to meet the Standards established by the County’s Thoroughfare Right-of-way Protection Map shall be dedicated to the County. 3 Date Prepared: July 26, 2005 Resolution 1 IO, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 5. 6. 7. d) Additional right-of-way, in excess of that required by the Thoroughfare Right-of-way Protection Map, shall be dedicated to Palm Beach County for the provision of southbound right-turn lanes at both Military Trail driveways. When Military Trail is built to a six (6) lane cross section, a minimum length of 180 feet for taper and 100 feet for storage with a maximum width of 12 feet shall be provided. CONDITION HAS BEEN SAT1 S F I ED . e) The southern driveway/Military Trail intersection shall be signalized when warranted. CONDITION HAS BEEN SATISFIED. f) A separate southbound left-turn lane shall be provided at the Central Boulevard driveway. CONDITION HAS BEEN SATISFIED. g) The Central Boulevard driveway shall provide one (1) inbound and one (1) outbound lane. However, adequate setbacks shall be maintained in order to construct separate right-turn and left-turn outbound lanes if warranted in the future. h) Any right-of-way required along the length of the property’s Central Boulevard frontage to meet the Standards established by the County’s Thoroughfare Right-of-way Protection Map shall be dedicated to the County. i) Additional right-of-way in excess of that required by the Thoroughfare Right-of-way Protection Map shall be reserved south of the Central Boulevard driveway for a future right-turn lane if warranted. A minimum length of 180 feet for taper and 100 feet for storage with a maximum width of 12 feet shall be reserved. The applicant shall comply with the County’s Impact Fee Ordinance or shall obtain a letter prior to final public hearing that this project has met or is exempt from said standards. CITY WILL NOT COLLECT COUNTY IMPACT FEES ON THIS PROJECT. The applicant shall comply with the City’s policy that Central Boulevard, south of Donald Ross Road, will be designated as a Parkway System. The Parkway System shall preserve a corridor of 300 feet within which the arterial roadway can accommodate a bikeway system, pedestrian nodes, recreational opportunities, preservation, and landscaping. The applicant shall obtain a commitment letter from Seacoast Utilities for the connection of water and sewer facilities prior to opening the school for occupancy. NO LONGER APPLICABLE 4 Date Prepared: July 26, 2005 Resolution 110,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 8. Prior to construction, approvals shall be received from all appropriate regulatory agencies, such as DER and South Florida Water Management District, with copies submitted to the City of Palm Beach Gardens. 9. Bv (sixty (60) davs from the date of approval), the applicant shall install the perimeter hedge adiacent to Militarv Trail as shown on the approved plans dated Mav 19, 1989. (Citv Forester) 10. Required digital files of the approved civil design and architectural drawinqs shall be submitted to the Planninq and Zoning Division prior to the issuance of the Certificate of Occupancv of the new buildinq. (GIs Manager, Development Compliance Officer) 11. All rooftop mechanical equipment shall be screened from view. (Planninq & Zon ing SECTION 4. Said Planned Unit Development shall be constructed in compliance with the following plans, as amended herein, on file with the City’s Growth Management Department: 1. Site Plan, prepared bv Song & Associates, dated Auqust 13. 2004, and received and stamped bv the Citv on Februarv 18, 2005. 2. Site Plantinq Plan, prepared bv Sona & Associates, dated Auqust 13, 2004, and received and stamped bv the Citv on Februarv 18.2005. 3. Buildinq Elevations, prepared bv Song & Associates, dated August 13, 2004, and received and stamped bv the Citv on Februarv 18.2005. SECTION 5. All future amendments to the William T. Dwyer High School PUD shall be approved by resolution. SECTION 6. Said approval shall be consistent with all representations made by the applicant or applicant’s agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 5 Date Prepared: July 26,2005 Resolution 110. 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER LEVY COUNCILMEMBERVALECHE COUNCILMEMBERBARNETT -- AYE NAY ABSENT G:\attorney-share\RESOLUTIONS\Dwyer high school - reso I IO 2005.doc 6 I d CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 15,2005 Meeting Date: August 18,2005 Ordinance 21,2005 S u bjectlAgenda Item : Second Reading of Ordinance 21 , 2005 - Consider approval of a five-year renewal to an agreement with Waste Management, Inc. established under Ordinance 1 , 2000 for Solid Waste, Recycling, and Vegetative Waste Collection Services Franchise [XI Recommendation to APPROVE 1 ] Recommendation to DENY Reviewed by: Submitted by: Originating Dept.: Michael Morrow Operations Director Community Services ~ Advertised: Date: 7/15/06 Paper: Palm Beach Post ?Not Required Affected parties [ ] Notified [ x] Not required --_. costs: $ (Total) $ 1,388,050 (Current) Funding Source: [ x ] Operating [ ]Other Budget Acct.#: 001-0900-519.3440 Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attach men ts : 0 Ordinance 21,2005 0 Ordinance 1,2000 0 Solid Waste, Recycling, and Vegetative Waste Collection Agreement 0 Collection Rate Comparables Analysis 0 Proof of Publication [ ]None Date Prepared: June 15,2005 Meeting Date: August 18,2005 Ordinance 21,2005 BACKGROUND: On February 17, 2000, the City Council adopted Ordinance 1,2000 granting a franchise for Solid Waste, Recycling, and Vegetative Waste Services for the City to Waste Management, Inc. Ordinance 1,2000 granted the franchise for a five (5) year period with a renewal clause by mutual agreement for an additional five (5) year period if desired. On February 17, 2005, the City Council approved Resolution 31, 2005 providing a six (6) month extension of the existing agreement for a period not to exceed six (6) months from March 31,2005. The extended agreement expires on September 30,2005. During the extension period, the City and Waste Management, Inc. negotiated modifications to the existing agreement. The proposed agreement is for a five (5) year period beginning October 1, 2005. This proposed agreement is intended to be performance based to assure a quality level of collection services. This allows for the City to levy charges in the event that the contractor does not meet negotiated thresholds as specified in the agreement. The City may deduct charges from payments made to the contractor on a monthly basis until their requirements are met. The proposed agreement has been negotiated to reflect updated price changes within the market. Attached to this memorandum is a collection rate comparables analysis for the cost of residential, multi-family, and commercial rates, providing information from areas such as the Town of Jupiter, Town of Juno Beach, Village of Tequesta, Village of Royal Palm Beach, Village of Wellington, and the Solid Waste Authority District One that encompasses unincorporated northern Palm Beach County areas. Based on these comparables, the rates that were negotiated are fair and reasonable when considering the marketplace. Additionally, this proposed agreement provides for annual adjustments at 80% of CPI based on the West Palm Beach area. Other highlights of this proposed agreement include the provision of extraordinary rate adjustment on the basis of extraordinary and unusual changes in the cost of operations that could not reasonably be foreseen by the contractor. Furthermore, the contractor shall not file for an extraordinary rate adjustment more than once every twelve (1 2) months, and no rate change will be granted in the last year of the agreement. The proposed agreement also provides roll-off service up to 20 cubic yards with 20 collections at no charge to the City, and provides increased services to municipal facilities at no cost. Vegetation collection and recycling collection services will remain the same. In addition, the contractor will reimburse the City for the printing costs of public information relating to solid waste, recycling, and vegetative waste services. STAFF RECOMMENDATION: Council approved Ordinance 21,2005 on first reading on July 7,2005. Staff recommends approval of Ordinance 21,2005 on second reading granting a five-year renewal to the agreement with Waste Management, Inc., established under Ordinance 1,2000 for Solid Waste, Recycling, and Vegetative Waste Collection Services Franchise. Date Prepared: June 2,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 21,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA EXTENDING THE SOLID WASTE, RECYCLING, AND VEGETATIVE WASTE COLLECTION SERVICES AGREEMENT WITH WASTE MANAGEMENT, INC.; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. FRANCHISE BY APPROVING A FIVE-YEAR RENEWAL TO THE WHEREAS, on February 14, 2000, the City Council of the City of Palm Beach Gardens approved Ordinance 1, 2000 granting an exclusive five-year Solid Waste, Vegetation and Recycling Collection Services Franchise to Waste Management, Inc., a copy of which is attached hereto as Exhibit “A”; and WHEREAS, the City desires to extend the existing Franchise Agreement for an additional five-year period; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to approve a five-year renewal to the Franchise Agreement between the City of Palm Beach Gardens and Waste Management, Inc.; and WHEREAS, such renewal Franchise Agreement has been prepared and is attached hereto as Exhibit “B.” NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The City Council of the City of Palm Beach Gardens hereby approves the Franchise Agreement with Waste Management, Inc., extending the Solid Waste, Recycling, and Vegetative Waste Collection Services Franchise for an additional five years and authorizes the Mayor and City Clerk to execute said agreement on behalf of the City. SECTION 2. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 2, 2005 Ordinance 21,2005 PASSED this 9 day of , 2005, upon first reading. PASSED AND ADOPTED this day of ,2005, upon second and finail hearing. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Hal R. Valeche, Councilmember Jody Barnett, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney FOR AGAINST ABSENT \\Pbgsfile\Attc~rne~bttorney_share\ORDlNANCES\WasteManagement franchise - ord 21 2005.doc 2 Date Prepared: June 2,2005 Ordinance 21,2005 EXHIBIT A Ordinance 1,2000 December 28, 1999 ORDINANCE 1,2000 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, GRANTING TO WASTE MANAGEMENT, INC. A SOLID WASTE, RECYCLING AND VEGETATIVE WASTE COLLECTION SERVICES FRANCHISE, WHICH AGREEMENT IS ATTACHED AS EXHIBIT “A”; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens desires to enter into an agreement with Waste Management, Inc. for an excIusive five (5) year Solid Waste, Vegetation and Recycling Collection Services Franchise; and WHEREAS, based on Waste Management, Inc.’s response to the City’s Invitation to Bid, the parties desire to enter into the proposed agreement which is attached hereto as Exhibit “A” and by this reference made a part hereof; and WHEREAS, said Franchise Agreement is in the best interest of the citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: kction 1, The City Council of the City of Palm Beach Gardens hereby grants to Waste Management, Inc. a five (5) year exclusive Solid Waste, Vegetation and Recycling Collection Services Franchise and authorizes the Mayor and City Clerk to execute said Franchise Agreement on behalf of the City. Section 2. As a condition precedent to the taking effect of this grant, Waste Management, Inc. shall file its acceptance hereof with the City Clerk within 30 days of the date of adoption of this Ordinance. Section 3. All ordinances and resolutions of the City, or any part thereof, which are in conflict with this ordinance are hereby repealed. ORDINANCE I, 2000 PAGE 2 Section 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 4 PLACED ON SECOND READING THIS . N DAVID CLARK SMATELLO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO - COUNCILMAN JABLIN COUNCILMAN SABATELLO / J M rrc --- - --- v COUNCILMAN CLARK --- SOLID WASTE, RECYCLING, AND VEGETATIVE WASTE COLLECTION AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS, FLORIDA AND WASTE MANAGEMENT, INC. Date Prepared: June 2,2005 Ordinance 21,2005 EXHIBIT B Solid Waste, Recycling and Vegetative Waste Collection Agreement Extension TABLE OF CONTENTS m 1 . TERM ............................................................................................................................ 1 2 . DEFINITIONS .............................................................................................................. 1 3 . SERVICES PROVIDED BY CONTRACTOR ........................................................... 5 D . E . F . G . H . I . J . 4 . SOLID WASTE. RECYCLING. AND VEGETATIVE WASTE COLLECTION SERVICE ....................................................................................................................... 6 A . Curbside Residential Solid Waste Collection ................................................... 6 1 . Conditions and Frequency of Service .................................................... 6 B . 1 . Conditions and Frequency of Service .................................................... 7 C .. Curbside Residential Recycling Collection Service .......................................... 8 1 . Conditions and Frequency of Service .................................................... 8 2 . Recycling Containers .............................................................................. 8 Container Residential Solid Waste Collection Service ..................................... 8 1 . Conditions and Frequency of Service .................................................... 9 Container Residential Recycling Collection Service ......................................... 9 1 . Conditions and Frequency of Service .................................................... 9 Commercial Solid Waste Collection Service .................................................... 9 1 . Conditions and Frequency of Service .................................................... 9 2 . Level, Type, and Disclosure of Rates for Commercial Collection and Other Services ....................................................................................... 10 Commercial Solid Waste Collection Service ...................................... 10 b) . Disclosure ............................................................................................ 10 Commercial Recycling Collection Service ...................................................... 12 1 . Conditions and Frequency of Service .................................................. 12 2 . Level, Type, and Disclosure of Rates for Commercial Recycling Collection and Other Service ............................................................... 12 3 . Ownership ............................................................................................ 13 Accessibility ..................................................................................................... 13 1 . Curbside Residential ............................................................................ 13 2 . Container Residential ........................................................................... 13 3 . Commercial .......................................................................................... 13 Method of Payment .......................................................................................... 13 Method of Collection ....................................................................................... 14 Curbside Residential Vegetative Waste Collection Services ............................ 7 a) . ii 1 . Universal Container ............................................................................. 14 2 . Recycling Container ............................................................................ 14 3 . Transition Plan .................................................................................... 15 Hours of Collection .......................................................................................... 15 Routes and Schedules ....................................................................................... 15 Recycling Containers for Residential Dwelling Units .................................... 16 Materials Recycling Facility ............................................................................ 16 Change in Scope of Recycling Collection Service .......................................... 16 K .. L . NI . N . 0 . 5 . CHARGES. RATES. AND LEVEL OF SERVICES ................................................ 16 A . Solid Waste and Recycling Collection Services ............................................. 16 B . C . Solid Waste Disposal Costs ............................................................................. 18 D . Extraordinary Rate Adjustment ....................................................................... 18 E . Annual Rate Adjustment .................................................................................. 18 F . Contract Service Fee ........................................................................................ 18 City’s Obligation - Billing. Collection. Payments .......................................... 17 6 . HOLIDAYS ................................................................................................................. 19 7 . SPECIAL SERVICES ................................................................................................. 19 8 . PlJBLIC AWARENESS PROGRAM ........................................................................ 19 9 . M:ANNER OF COLLECTION ................................................................................... 19 10 . PERSONNEL OF THE CONTRACTOR .................................................................. 20 1 1 . SPILLAGE .................................................................................................................. 20 12 . SOLID WASTE AND MATERIAL RECYCLING FACILITIES ........................... 20 13 . COLLECTION EQUIPMENT ................................................................................... 21 14 . SPECIAL WASTE. HAZARDOUS WASTE. BIOHAZARDOUS OR BIOMEDICAL WASTE. AND SLUDGE ................................................................. 21 15 . OFFICE AND EQUIPMENT YARD ........................................................................ 21 16 . COMPLAINTS ............................................................................................................ 21 17 . QUALITY OF PERFORMANCE OF CONTRACTOR ........................................... 22 iii 18 . 19 . 20 . NATURAL DISASTERS ........................................................................................... 24 UNCONTROLLABLE CIRCUMSTANCES ............................................................ 25 PERMITS AND LICENSES ...................................................................................... 25 21 . PERFORMANCE BOND ........................................................................................... 25 22 . EMPLOYEE WAGES AND BENEFITS .................................................................. 25 23 . INSURANCE .............................................................................................................. 25 Liability Insurance ........................................................................................... 26 A . B . Workers’ Compensation Insurance ................................................................. 25 24 . INDEMNIFICATION ................................................................................................. 26 25 . ACCESS AND AUDITS ............................................................................................ 26 26 . POINT OF CONTACT ............................................................................................... 26 27 . NOTICE ....................................................................................................................... 26 28 . DEFAULT OF CONTRACT ...................................................................................... 27 29 . 30 . 3 1 . PUBLIC WELFARE ................................................................................................... 28 RtGHT TO REQUIRE PERFORMANCE ................................................................. 29 TITLE TO WASTE ..................................................................................................... 29 32 . GOVERNING LAW AND VENUE .......................................................................... 29 33 . COMPLIANCE WITH LAWS ................................................................................... 29 34 . SEVERABILITY ........................................................................................................ 29 35 . ASSIGNMENT AND SUBLETTING ....................................................................... 29 3 6 . 37 . MODIFICATION ....................................................................................................... 30 INDEPENDENCE OF AGREEMENT ...................................................................... 30 iv 38 . 39 . 40 . 41 . 42 . 43 . 44 . 45 . 46 . ANNEXATIONS ........................................................................................................ 30 CHANGE OF LAW .................................................................................................... 30 OTHER RATE ADJUSTMENTS .............................................................................. 30 PLTBLIC ENTITY CRIMES ....................................................................................... 30 SUBSTANTIAL COMPLIANCE .............................................................................. 30 COMMUNITY SERVICE .......................................................................................... 30 CONTRACT PREPARATION .................................................................................. 31 FISCAL FUNDING .................................................................................................... 31 COMPETITIVE EQUALITY ..................................................................................... 31 I EXHIBITS I I1 111 IV V VI Approved Contractor Rate Schedules ............................................................. 11-1v Residential Solid Waste Disposal Credit Calculation ............................................. V Annual Financial Reporting Format ............................................................. .V I-VI1 Performance Bond Requirement ....................................................................... v111 Quarterly Financial Reporting Format ................................................................. IX Automated Collection Preparation and Implementation Plan Requirements ............ X V ~ SOLID WASTE AND RECYCLING COLLECTION AGREEMENT This Agreement is hereby made and entered into this day of ,2005, between the CITY OF PALM BEACH GARDENS, a municipal corporation organized and existing under the laws of the State of Florida, which municipality is wholly located wib the boundaries of Palm Beach County, Florida (hereinafter referred to as TITY'I) arid WASTE MANAGEMENT, INC. (hereinafter referred to as "Contractor"). Now, therefore, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration and the mutual promises contained herein, the parties agree as follows: 1. TERM: This Agreement shall be for the period of five (5) years commencing on October 1,2005, and expiring September 30, 2010. Nothing herein, however, shall prevent the City and the Contractor from extending this Agreement for an additional lerm should the City notify the Contractor sixty (60) days in advance of the natural expiration date of this Agreement 2. DEFINITIONS: To the extent the definitions contained herein conflict with similar defintions contained in any federal, state, or local law, the definitions herein shall prevail. However, nothing contained herein shall be interpreted to require the Contractor to undertake any conduct whch is contrary to federal, state, or local law. A" B. C,. D. E. F. Authority shall mean the Solid Waste Authority of Palm Beach County. Biohazardous or Biomedical Wastes shall mean those wastes which may cause disease or reasonably be suspected of harboring pathogenic organisms, including, but not limited to, waste resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which may consist of, but are not limited to, diseased human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing, and surgical gloves. Bulk Trash shall mean any non-vegetative item which cannot be containerized, bagged or bundled, including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, pool heaters, water softeners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar domestic appliances, household goods, and furniture and shall not be commingled with Vegetative Waste. There shall be no weight limit for any item of Bulk Trash. Collection shall mean the process whereby solid waste, including, but not limited to, Garbage, Trash, Bulk Trash, Vegetative Waste, or Recyclable Material is removed and transported to a Designated Facility. Collection Route shall mean a fxed or customary course of travel assigned to a crew and scheduling the order of stops from one point to another covering a defined area of territory. Collection Schedule shall mean the day(s) of each week divided into service day halves (AM/PM) pick - up that customers will receive specified collection service. 1 G. Commercial Recycling Collection Service shall mean the Collection of Recyclable Materials by the Contractor from customers within the Service Area that are not serviced by Residential Recycling Collection Service. H. Commercial Solid Waste shall include any Garbage, Bulk Trash, Trash, or Vegetative Waste that is not Residential Solid Waste. Substantial effort shall be made not to commingle Garbage, Trash, or Bulk Trash with Vegetative Waste. I. Commercial Solid Waste Collection Service shall mean the collection of Commercial Solid Waste within the Service Area. Such service includes both Containers and Compactors, but does not include Roll-off Collection Services. J. Compactor shall mean any container which has compaction mechanism(s), whether stationary or mobile, allinclusive. K. Construction and Demolition Debris (C&D) shall mean materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, roofing material, pipe, gypsum wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project. Mixing of a de minimis amount of waste other than C&D from the construction site will not automatically cause it to be classified as other than C&D. L. Container shall mean and include any container typically of one (1) cubic yard capacity or larger designed or intended to be mechanically dumped into a loader packer type or hoisted onto the bed or rails of a truck. All Containers must be of standard industry specifications including size(s) and in common use in Palm Beach County. M. Container Residential Recycling Collection Service shall mean the collection of Recyclable Materials by the Contractor from Dwelling Units in the Service Area that requires the use of Containers for the collection of Recyclable Materials and which also receive Residential Collection Service for solid waste, and the delivery of those Recyclable Materials to the Materials Recycling Facility or designated Solid Waste Authority transfer station. Tlus service shall be considered a commercial service account for billing purposes which the Contractor shall invoice monthly. N. Container Residential Solid Waste Collection Service shall mean solid waste collection service of all Dwelling Units whose Garbage, Trash, or Bulk Trash is collected by means of a central or shared Container and not by means of a Garbage Can or Universal Container. Vegetative Waste collection service is not provided. Tlus service shall be considered a commercial service account for billing purposes which the Contractor shall invoice monthly. 0.. Contract shall mean this Agreement executed between the City and the Contractor for the performance of the services as provided in this Agreement. P. Contractor shall mean that person or entity set out initially above that has entered into this Agreement to provide the services described herein for the Service Area. Q. Contract Administrator shall mean the person(s) designated by the City who shall act as the City's representative in the administration and supervision of this Agreement during its term. R. County shall mean Palm Beach County, Florida. S. Curbside Residential Recycling Collection Service shall mean the collection of Recyclable Materials by the Contractor from all Dwelling Units in the Service Area that also receive Curbside Residential Solid Waste Collection Service for Solid Waste and other Dwelling Units as are designated by the City, and the delivery of those Recyclable Materials to the Solid Waste Authority's Materials Recycling Facility or designated Solid Waste Authority transfer station. 2 T. Curbside Residential Solid Waste Collection Service shall mean Residential Solid Waste and Vegetative Waste Collection service for all Dwelling Units whose Garbage and Vegetation are collected in separate pick-ups by means of a Garbage Can or Universal Container at curbside or roadway. U. Department shall mean the Florida Department of Environmental Protection. V. Disposal Costs shall mean the "tipping fees" and the landfill or processing costs charged to the Contractor by others for disposal or processing of the waste collected by the Contractor. W.. Designated Facility shall mean a Solid Waste Authority of Palm Beach County-owned or permitted facility. X. Dwelling Unit shall mean any type of structure or building unit intended for or capable of being utilized for residential living other than a licensed Hotel or Motel unit. Y. Fiscal Year shall mean the period between October 1 of a given year and September 30 of the following year during thisagreement. Z. Garbage shall mean all putrescible waste which generally includes, but is not limited to, kitchen and table food waste, animal, vegetable, food, or any organic waste that is attendant with or results from the storage, preparation, coolung, or handling of food materials, whether attributed to residential or commercial activities. Vegetative Waste shall not be commingled with Garbage in the same collection. Garbage shall not include any material that falls within the definition of Special Waste. APL Garbage Receptacle or Can shall mean a can of rigid plastic or galvanized metal or heavy-duty plastic bag which when full do not exceed 50 pounds in total weight or 45 gallons in size. BE;. Hazardous Waste shall mean solid waste as defined by the State of Florida Department of Environmental Protection as a hazardous waste in the State of Florida Adrmnistrative Code, or by any future legislative action or by federal, state, or local law. CCHotel or Motel shall mean a structure or building unit(s) capable of being utilized for residential living where such unit or a group of such units is regularly rented to transients or held out or advertised to the public as a place regularly rented to transients for periods of seven days or less. To meet this definition, the Hotel or Motel must be licensed to operate as such. "Transient" has the meaning as defined in Chapter 509, Florida Statutes (1987), or its successor law. DD. Materials Recycling Facility (MRF) shall mean any facilities operated or managed by, for or on behalf of or designated by, the City for the purpose of receiving, sorting, processing, storing, andor preparing Recyclable Materials for sale, as specifically designated in writing. by the Contract Administrator. EE. Mixed Paper shall be defined as a mixture of paper products including magazines, catalogues, phone books, cereal boxes, soda and beer can boxes, chpboard, file folders, envelopes, letter paper, junk mail, notebook paper, and any other clean paper products. FF. Peak Times shall mean the period between November 1 of a given year and April 30 of the following year, unless otherwise specified by the City. GCLPublic Awareness Program shall mean that program developed by the City to inform and encourage residential and commercial solid waste collection customers to use all solid waste and recycling collection services offered by the City through the Agreement. It shall also mean information concerning level of service and changes in scope of service. 3 HH ..Recyclable Materials shall mean newspapers (including inserts), aluminum, plastic containers, glass bottles and jars, milk and juice cartons, aseptic containers, corrugated cardboard, brown paper bags, Mixed Paper, tin and ferrous cans, household dry-cell batteries (no wet-cell batteries), and other solid waste materials added upon Agreement between the City and the Contractor, when such materials have been either diverted from the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. 11. Recycling Container shall mean a rigid, nestable bin of approximately 18-gallon capacity made of plastic or other suitable substance that is used for the storage of Recyclable Materials. JJ,. Residential Recycling Collection Service shall mean Curbside Residential Recycling Collection Services and Container Residential Recycling Collection Service. KlLResidential Solid Waste shall mean Garbage, Trash, and Bulk Trash resulting from the normal housekeeping activities of a Dwelling Unit, but shall not include Vegetative Waste. Residential Solid Waste shall also mean Construction and Demolition Debris (C&D) resulting from minor home repair from the Dwelling Unit, not to exceed five (5) cubic yards of Construction and Demolition Debris material per collection. LL,. Residential Solid Waste Collection Service shall mean Curbside Residential Solid Waste Collection Service and/or Container Residential Solid Waste Collection Service. MIM. Residential Vegetative Waste shall mean vegetative waste generated from residential property, occupied by a dwelling unit, within the service area. NN. Residential Vegetative Waste Collection Service shall mean Curbside Residential Vegetative Waste Collection Service. 0O.Roll-off Collection Service shall mean the Collection of C&D only roll-off containers, or the Collection of C&D by other mechanical means, within temporary locations in the Service Area, limited to new construction sites and remodeling or refkrbishment sites. Roll-off Collection Service shall also mean the collection of horticultural or agricultural wastes at horticultural or agricultural nurseries, but only when the customer chooses to use roll-off containers for horticultural or agricultural waste, and horticultural and agricultural waste shall not include any other type of waste, including, but not limited to, Special Waste, Garbage, or Recyclable Material. PP. Service Area shall mean the area within the incorporated boundaries of the City of Palm Beach Gardens for which the mandatory solid waste collection and recycling collection program is administered. QQ. Sludge shall mean a solid, semi-solid, or liquid generated from any waste water treatment plant, water supply treatment plant, air pollution control facility, septic tank, grease trap, portable toilets and related operations, or any other such waste having similar characteristics or effects. RFL Solid Waste Authority Disposal Facility shall mean place or places specifically managed, operated, or permitted by the Solid Waste Authority of Palm Beach County. SS. Special Services shall mean any services requested or required by the customer which are in addition to, or a change in, Residential Solid Waste Collection Service, Residential Recycling Collection Service, Commercial Recycling Collection Service, and Commercial Solid Waste Collection Service as set out or similar to those listed in Exhibit I. TT. Special Waste shall include, but not be limited to, automobiles, boats, internal combustion engines, non- automobile tires, Sludge, dead animals, septic tank waste, Biohazardous or Biomedical Waste, liquid waste, and Hazardous Waste. Special Waste may also include item determined by the Contract Administrator to be reasonably unmanageable. 4 UIJ. Trash shall mean all refuse, accumulation of paper, rags, wooden or paper boxes and containers, sweepings, broken toys, tools, utensils, and all other accumulations of a similar nature other than Garbage, whch are usual to housekeeping and to the operation of stores, offices, and other business places, but shall not include Vegetative Waste. W. Uncontrollable Forces shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and whch is beyond the reasonable control of the non- performing party. It includes, but is not limited to, fire, flood, hurricanes, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. WW. Universal Container shall mean and include any waste or recycling storage receptacle made of heavy - duty plastic material and generally sized in 35, 65, 95, and 101 gallon capacities that is dumped by automated or semi-automated means into a packer or compartmented vehicle body. XX. Vegetative Waste shall mean any vegetative matter resulting from yard and landscaping maintenance by any party and shall include materials such as normal and reccuning tree and shrub trimming materials, grass clippings, leaves, pine needles, palm seeds, weeds, palm fronds, tree branches, and similar other matter usually produced as refuse in the care of lawns, landscaping and yards. Tree llmbs and trunks shall be limited to ten (10) inches or less in diameter. Vegetative Waste, except palm fronds, must be no more than six (6) feet in length, and no single item shall weigh more than 50 pounds and shall be placed in a City-provided Universal Container if possible. Larger quantities shall be placed neatly at the curb for collection by special equipment. Natural Chnstmas trees will be collected as Vegetative Waste, and any section must not be more than 8 feet in length and must be under 50 pounds. Vegetative Waste must originate from the residential property at which it is placed for collection. Vegetative Waste shall not include material generated as the result of a commercial activity located at a residential property. YY. City shall mean the City of Palm Beach Gardens, Florida, a municipal corporation. 3. SERVICES PROVIDED BY CONTRACTOR The Contractor shall provide mandatory Residential Solid Waste, Residential Vegetative Waste, and Residential Recycling Collection Services in the Service Area. The right to provide such Collection Services in the Service Area shall be exclusive to the Contractor. The City or its designee will be responsible for the billing and collection of payments for the mandatory Residential Solid Waste, Residential Vegetative Waste, and Residential Recycling Collection Service. The Contractor shall provide Commercial Solid Waste Collection Services in the Service Area, whch shall be an exclusive right to the Contractor; subject, however, to the exception for Roll-off Collection Service of Co:nstruction and Demolition Debris under separate annual permits as provided below. The Contractor shall be reslponsible for the billing and collection of Commercial Solid Waste Collection Service fees and disposal costs not being billed and collected by the City or its designee. The Contractor shall also be responsible for billing and collection of Container Residential Solid Waste and Recycling service fees. Roil-off Collection Services of Construction and Demolition Debris (C & D) shall not be exclusive to the Contractor. Not withstanding any other provision of this Agreement, collection of waste contained in roll-off coritainers excluded from Roll-off Collection Services of C & D for businesses in the Service Area is exclusive to the Contractor. No other person or entity except the Contractor may offer or provide Residential Solid Waste Collection Service, Residential Recycling Collection Service, and Commercial Solid Waste Collection Service in the Service Area. If the Contractor becomes aware of an entity violating the provisions of this Section, the Co:ntractor should provide mformation of the violations to the Contract Administrator. Upon review of the information and that of any subsequent investigation, the City will report its findings and recommended recfourse. 5 The Contractor shall provide Commercial Recycling Collection Services in the Service Area upon request by the customer or the City, or through the solicitation efforts of the Contractor. Charges for such services are to be determined between the customer and Contractor based upon the terms of this Agreement and rates listed in Exhibit I of this Agreement. However, Commercial Recycling Collection Services are not exclusive to the Co'ntractor in the Service Area. The Contractor shall provide Solid Waste and Recycling Collection services to all property owned, leased, rented, or controlled by the City, including, but not limited to, those designated by the Contract Administrator if acquired during the tern of the Agreement. These services shall be provided at no charge to the City, to include provision of Containers, collection service maintenance fees, and roll-off containers of twenty (20) or more yards capacity. The City will have a maximum limit of twenty (20) roll-off pulls per month. The Contractor shall use good faith and its best efforts to cooperate with any commercial recycling haulers providing recycling services to customers in the City. In order to provide the services, the Contractor shall provide, at its own expense, all labor, insurance, supervision, machinery and equipment, buildings, trucks, vehcles, a Nextel radio to the City with all Contractor contacts programmed in the radio at no charge to the City, and any other tools, equipment, accessories, and things necessary to maintain the highest quality and level of service standards of solid waste collection and recycling service set forth herein. The Contractor shall provide at no additional cost to the City a location for receipt and storage of Universal Containers and Recycling Bins. The Contractor shall be responsible for storage, assembly, and distribution of the Universal Container, as well as recording Universal Container serial numbers by address. The Contractor is also responsible for the collecting and disposal of garbage cans discarded by residents according to the transition plan. If no Agreement can be reached on a transition plan, then the City shall determine the same and the Contractor agrees to such arrangement. The parties agree that should the City decide to purchase Universal Containers directly from the Contractor, the psuties will enter into a separate direct purchase agreement for said containers, which would become a part of the Solid Waste and Recycling Collection Agreement. 4. SOLID WASTE, RECYCLING, AND VEGETATIVE WASTE COLLECTION SERVICES: Collection services for residential curbside, residential container, and commercial customers provided by thi9 Agreement shall be set forth in this Section. Curbside Residential Solid Waste shall transition from a manual to an automated method of collection effective October 1, 2006, in accordance with the provisions of this Agreement and the transition plan to be developed in accordance with the conditions set forth herein. The City may wish to also automate the collection of vegetation during the contract period. In this event, contract terms and conditions shall be negotiated between the parties. A. Curbside Residential Solid Waste Collection Services: This service is provided to dwellings wherein Garbage, Bulk Trash, and Trash is placed within six (6) feet of the curb or roadside for collection by the Contractor. Exceptions to this location for collection apply only to those who have been qualified as handicapped by the Contract Administrator and those who have contracted with the Contractor for Special Services. The City or its designee shall be responsible for the billing and collection of payments from curbside residential customers for this service. 1. Conditions and Frequency of Service: All Curbside Residential Solid Waste shall be placed in a Universal Container provided by the City and delivered by the Contractor and placed curbside, as required by the City, for collection by the Contractor twice each week. The Contractor shall only be required to collect the contents of Universal Container(s) except for Trash and Bulk Trash. Exceptions to the twice per week collection occur only on permitted holidays or in the case of a City-declared emergency or disaster. There shall be no less than 6 forty-eight (48) hours or more than seventy-two (72) hours between regularly scheduled collection days. Customers are not to commingle Vegetative Waste with Residential Solid Waste; however, the Contractor may collect moderately commingled wastes at their discretion and shall assume responsibility for disposal at a designated facility. There shall be and is no limit on the number of Universal Containers to be collected by the Contractor. The transition from manual to automated collection of Residential Solid Waste shall be in accordance with a transition plan. The transition from manual to automated collection shall occur effective October 1, 2006. Details of the transition schedule including the collection of unwanted garbage cans for each year shall be developed jointly between the Contractor and the Contract Administrator. The City Manager or his designee shall resolve any disputes and hisher decision shall be final. During the first year of the Agreement, the entire City will be receiving manual Residential Solid Waste Collection service. Residential units receiving this service shall continue to receive the same level of service as provided by the Contractor during the prior five (5) year contract period. The City Manager or designee, whose decision shall be final, shall resolve any disputes regarding level of service to be provided by the Contractor. A similar process shall be used if and when the City elects to implement semi-automated or automated collection of Vegetative Waste. Trash and Bulk Trash shall also be collected at the curb. In the event Bulk Trash contains Chlorofluorocarbons (CFCs), the Contractor shall collect the Bulk Trash items separately, in a non-compacting vehicle, and deliver the item, with every attempt not to release the CFCs into the atmosphere, to the Authority landfill or to a scrap dealer located in Palm Beach County. Trash Waste is to be placed in the Universal Container with Residential Solid Waste for collection. The total weight should not exceed fifty (50) pounds for a garbage can or one hundred (100) pounds for a Universal Container. There shall be no weight limit for any Bulk Trash item. Residents shall not commingle Trash or Bulk Trash Waste with Vegetative Waste. The Contractor may collect commingled material and shall assume responsibility for disposal at a designated facility and notify the Contract Administrator accordingly. Cardboard from move-ins shall be collected as Bulk Trash on the scheduled vegetation collection day. B. Curbside Residential Vegetative Waste Collection Services: The City or its designee shall be responsible for the billing and collection of payments from Curbside Residential Customers for this service. This service is provided to dwellings wherein properly prepared Vegetative Waste is placed within six (6) feet of the curb or roadway for collection by the Contractor. There are no exceptions to the curb or roadside location for collection of Vegetative Waste. Vegetative Waste collection service shall only be provided in front of the residential unit. The Contractor shall collect Vegetative Waste from swales and rights-of-way in front of vacant lots in established neighborhoods; however, such waste shall not include any lot clearing waste. 1. Conditions and Frequency of Service: Curbside Residential Vegetative Waste shall be collected once each week from all curbside customers. The scheduled day of collection of Vegetative Waste shall be on a scheduled day of Curbside Residential Solid Waste Collection each week. Should the scheduled day of Curbside Vegetative Waste Collection fall on a holiday, collection shall occur on the next scheduled Curbside Residential Vegetative Waste Collection day. Grass clippings, hedge trimmings, pine needles, palm seeds, and any other small items, including items that can be cut or broken into smaller pieces, shall be placed into a garbage can or plastic bags for collection. Should the City change the method of collection using Universal Containers, residents shall exclusively use the Universal Container except for large items of Vegetative Waste. Large items that cannot be cut or broken and placed in garbage cans, bags, or the Universal Container, such as multiple palm fronds and tree limbs are to be piled up by the curb for collection. The Contractor shall collect Vegetative Waste properly sized and piled within six (6) feet of the road on the scheduled collection day unless the pile is tagged for special collection next day. Except for palm fronds, no single item shall 7 be longer than six (6) feet in length nor weigh more than fifty (50) pounds. Limbs having a diameter greater than ten (IO) inches will not be collected pursuant to this Agreement. In the event a residential customer has large quantities of Vegetative Waste for collection on hisher Vegetative Waste service day, the Contractor may either collect all of the Vegetative Waste or tag the pile for collection on the following day, at which time the Contractor shall collect all of the Vegetative Waste. Residential Vegetative Waste shall be placed in one location in front of residential property for collection. Multiple locations constitute additional or special services, as further discussed in Section H of the Agreement. There shall be and is no limit on the number of containers or Universal Containers to be collected per Residential Curbside customer, nor is there a limit on the quantity of Vegetative Waste to be collected weekly, provided size limitations are met. Regular garbage cans or bags shall be used unless the City elects to implement semi-automated or automated collection of Vegetative Waste. C. Curbside Residential Recycling Collection Service: The Contractor shall provide Curbside Residential Recycling Collection Services in the Service Area as provided for within this Agreement. The City or its designee shall be responsible for the billing and collection of payments from Curbside Residential customers for these services. Curbside Residential Recycling Collection Service shall be governed by the following terms and conditions: 1. Conditions and Frequency of Service: The Contractor shall provide Curbside Residential Recycling Services to all Dwelling Units receiving Curbside Residential Solid Waste Collection Service located in the Service Area and to other such Dwelling Units as determined appropriate by the Contract Administrator. This service shall be provided once every week, unless otherwise specified by the City, on a Scheduled Route basis, which shall coincide with one of the two regularly scheduled solid waste collection pick-up days weekly. All Recyclable Materials to be collected shall be in a Recycling Container, with the exception of cardboard and / or paper bags, and shall be placed within six (6) feet of the curb, roadway, closest accessible public right-of-way, or such locations agreed to by the Contractor that will provide safe and efficient accessibility to the Contractor’s collection crew and vehicle. No Recycle Containers shall be placed next to a mailbox or utility box for collection. The Contractor must collect as many Recycling Containers, bags, bundles, or flattened cardboard as the customer sets out. Cardboard shall be collected if flattened and placed next to, on, under, or inside of the Recycling Container. Non-Recyclable materials placed in Recycling Containers for collection are to be left in the Container by the Contractor collection crew and tagged with the Contractors tag explaining why the material was not collected. 2. Recycling Containers: The City shall order from the Solid Waste Authority and the Contractor shall ensure pick up, storage, and distribution of Recycling Containers to each unit that is to receive Curbside Recycling Collection Service within the Service Area. All Recycling Containers are the property of the City. However, customers may use their own additional Recycling Containers or paper bags as long as they are similar and suitable for the Service. D. Container Residential Solid Waste Collection Services: The Contractor shall provide Container Residential Solid Waste Collection Service to all Dwelling Units in the Service Area that is suitable to receive such service and request such service. Commercial Container maintenance rates, terms, and provisions contained in the Agreement shall also apply to Containers provided for residential service. Normal Container Residential Solid Waste Collection Service, not including Bulk Trash collection, shall be twice per week. The Contractor and the residential complex, in accordance with this Agreement, shall determine the size and location of the Container and frequency of collection. In case of an unresolved dispute, the Contract Administrator shall resolve such issue. The Contractor shall invoice the appropriate containerized unit collection rate, in accordance with Exhibit I, to these accounts monthly. Any service requested by the residential complex above twice per week for Container Residential Solid Waste Collection and once per week for Bulk Trash collection, shall also be invoiced by the Contractor in accordance with the commercial solid waste collection rates in 8 Exhibit I. The Contractor shall be responsible for the billing and collection of payments from Container Residential customers for this collection service. The frequency of collection of Bulk Trash outside the Container shall be no less than once per week unless otherwise agreed to by the customer and approved by the Contract Administrator. In the event Bulk Trash contains Chlorofluorocarbons (CFCs), the Contractor shall collect the Bulk Trash items separately, in a non-compacting vehicle, and deliver the item, with every attempt not to release the CFCs into the atmosphere, to the Authority landfill or to a scrap dealer located in Palm Beach County. There shall be no weight limit for any Bulk Trash item. 1. Conditions and Frequency of Service: A minimum of twice per week service is required of all customers. Such service shall be provided by Container as defined herein. The size of the Container and the frequency (above the minimum) of collection shall be determined between the customer and the Contractor. However, size and frequency shall be sufficient to provide that no Residential Solid Waste need be placed outside the Container. Storage capacity shall be suitable for the amount of waste generated by the customer. The Contractor shall provide Containers at the approved maintenance rates as necessary; however, customers may own their Container provided that the customer is completely responsible for its proper maintenance and replacement. Such Containers shall be of a type that can be serviced by the Contractor’s equipment. All Residential Solid Waste shall be placed in a Container. Vegetative Waste collection is not included in this service. Containers shall be placed in an accessible location or at such other single collection point as may be agreed upon between the Contractor and the customer. All Containers or Compactors shall be kept in a safe, accessible location agreed upon between the Contractor and the customer. Any Container or Compactor damaged by the Contractor shall be repaired or replaced by the Contractor within five (5) business days. All Containers and Compactors provided by the Contractor shall be in good condition, painted, and neatly labeled with the Contractors name, phone number, and cubic yard size of the Container. E. Container Residential Recycling Collection Service will be governed by the following Terms and Conditions: 1. Conditions and Frequency of Service: The Contractor shall provide this service to Dwelling Units as are designated by the City and are located in the Service Area and invoice each account monthly. This service shall be provided at least once every week on a scheduled- route basis as set out below. If the customer requires additional collection per week, hehhe will be invoiced by the Contractor in accordance with the rates listed in Exhibit I of the Agreement. All Recyclable Materials, with the exception of cardboard, are to be collected in a Recycling Container or Container designated for Recyclable Materials which shall be in such location and collected on a schedule as mutually agreed to by the owner or governing association (of the multiple residential complex or development being serviced) and by the Contractor that will provide a safe and efficient accessibility to the Contractor’s collection crew and vehicle. Cardboard shall be collected if placed next to, on, or inside of the Recycling Container or Containers. If there is a large amount of cardboard placed outside of the Container, often an alternate, larger Container shall be provided, upon agreement by the customer and the Contractor. In the event an appropriate location cannot be agreed upon, the Contract Administrator shall mediate the dispute and designate the location for pick-up. F. Commercial Solid Waste Collection Service: The Contractor shall collect and dispose of all Commercial Solid Waste in the Service Area, except Special Waste. Such Commercial Collection Service shall be governed by the following terms: 1. Conditions and Frequency of Service: A minimum of once per week service, or as otherwise provided by law, is required of all customers. Such service shall be provided by Container as defined herein. However, where a customer generates less than one (1) cubic yard of waste per week, alternate Universal Containers may be utilized. Commercial Customers utilizing a Universal Container provided by the Contractor shall be charged one- 9 half the per-cubic-yard collection rate as established in Exhibit I and one-half the per-cubic- yard rate for disposal for each Container. The size of the Container and the frequency of collection shall be determined between the customer and the Contractor. However, size and frequency shall be sufficient to provide that no Commercial Solid Waste need be placed outside the Container. Storage capacity shall be suitable for the amount of waste generated by the customer. The Contractor shall provide Containers as necessary; however, customers may own their Container provided that the customer is completely responsible for its proper maintenance and replacement. Such Containers shall be of a type that can be serviced by the Contractor’s equipment. All Commercial Solid Waste shall be placed in a Universal Container, Container, or Compactor. Vegetative Waste shall not be commingled with Garbage. When Vegetative Waste is placed in a Container (not loose or in a Roll-off or a Compactor), the Contractor may charge 1.5 times the commercial collection rate as set out in Exhibit I. Where Universal Containers are used, they shall be placed at an accessible location or at such other single collection point as may be agreed upon between the Contractor and the customer. All Containers or Compactors shall be kept in a safe, accessible location agreed upon between the Contractor and the customer. Any Universal Container, Container, or Compactor damaged by the Contractor shall be repaired or replaced by the Contractor within five (5) business days. Compactors may be obtained by customers from any source, provided that such Compactor must be of a type that can be serviced by the Contractor’s equipment, and the customer shall be completely responsible for its proper maintenance and replacement. Compactor frequency of collection shall be sufficient to contain the waste without spillage. All Containers and Compactors provided by the Contractor shall be in good condition, painted and neatly labeled with the Contractor’s name, phone number, and size of Container in cubic yards, placed on the front of the Container and side of Compactors. 2. Level Type and Disclosure of Rates for Commercial Solid Waste Collection and Other Services: a. Commercial Solid Waste Collection Service: The Contractor shall only charge rates as set out in Exhibit I or as otherwise allowed by this Agreement. A written agreement between the Contractor and the customer shall be required and entered into regarding the level and type of service to be provided and manner of collection of fees. The Contractor may not bill the customer more than thirty (30) days in advance unless otherwise requested by the customer. The terms and conditions of such agreement shall be in compliance with all provisions of this Agreement, and the term shall not extend beyond the initial term of this Agreement as stated in Section 1. The customer shall subscribe to a level of service sufficient to meet the needs of the customer in a sanitary and efficient manner. However, upon failure of the parties to reach such an agreement, the Contract Administrator or designee shall establish the level and type of service to be provided, including the location, size of the Container, number of pick-ups per week, and the “TOTAL RATE” to be charged within the approved rate limits contained in Exhibit I. The Contractor will be responsible for the billing and collection of Commercial Solid Waste Collection Services, disposal-tipping fees, special fees, and Container maintenance charges, except as otherwise provided in this Agreement. b. Disclosure: The Contractor shall provide the customer an annual disclosure statement in October of each year of the term of this Agreement, including the following language: REGULATION BY THE CITY OF PALM BEACH GARDENS The terms and conditions of this Commercial Solid Waste and Recycling Collection Service Agreement are regulated by an exclusive Agreement granted by the City of Palm Beach Gardens. Should the customer have any questions relating to the terms and conditions of this Agreement, the customer may call the Contract Administrator at (561) 804-7010 or Customer Service at (561) 630-1 11 1. 10 COMMERCIAL COLLECTION CONTAINERS The commercial collection Container shall be of a type that can be serviced by the Contractor’s collection equipment. The customer may either purchase the commercial collection Container from any source or request such Container from the Contractor at the maintenance rate as approved by the City, provided that such Container can be serviced by the Contractor’s collection equipment. If the customer chooses to use a Compactor, the customer may rent, lease, or own the Compactor from any source, provided that the Compactor can be serviced by the Contractor’s collection equipment. Commercial collection Containers and Compactors shall be maintained in a serviceable, safe, and sanitary condition by the owner of the Container or Compactor. However, damage caused by the Contractor to a customer-owned Container or Compactor shall be repaired at the cost of the Contractor. SPECIAL SERVICES If the customer requests, the Contractor is required to provide special services for collection of solid waste, such as rolling Containers out of storage areas, opening doors or gates for access, or other such special services. However, such special services may be provided by the customer, through its own or other personnel. If the Contractor provides special services, such charge must be separately stated under the “RATES FOR SERVICES’ disclosure statement. The City of Palm Beach Gardens fixes the maximum for these special service rates. A copy of these rates can be obtained from the Contractor or Contract Administrator. October Name of Contractor Name and Address of Customer RATES FOR SERVICE , (year) - September 30, (year) The total RATES for this Commercial Solid Waste and Recycling Collection Service are as follows: Number of Size Frequency Type Collection Disposal Special Container Total cost Cost Service Rental Total Monthly Cost: *There is :no charge for the disposal of Recyclable Materials for processing. THESE SERVICES ARE PROVIDED UNDER A FRANCHISE AGREEMENT REGULATED BY THE CITY OF PALM BEACH GARDENS. SHOULD YOU HAVE ANY QUESTIONS 11 RELATING TO THESE RATES, PLEASE CALL THE CITY OF PALM BEACH GARDENS AT (561)630-1111. The “RATES FOR SERVICES” statement shall incorporate or have attached a rate schedule which specifies the Collection Rate based on the size of the Container and the frequency of service: TYPE indicating whether the Container is for Solid Waste or Recycling; DISPOSAL based on a cost per cubic yard; CONTAINER MAINTENANCE expressed in a monthly flat rate based on the size of the Container; and the cost per month for each SPECIAL SERVICE REQUIRED BY THE CUSTOMER. The notification shall specify the size of the Container and the frequency of collection of each Container for each business, distinguishing between solid waste and recycling collection service. The notification shall specify the address where the business is located. The notification shall itemize each cost individually. A sample notification shall be approved by the Contract Administrator or his designee before distribution to the customer. Each disclosure statement to be provided annually to the customer by the Contractor will also be prepared in duplicate, with a copy being provided to the City. G. Commercial Recycling Collection Service: The Contractor shall provide Commercial Recycling Collection Services on behalf of the City for any business in the Service Area where the City has arranged, negotiated, or contracted for such service, and Contractor shall have the right to solicit Commercial Recycling Collection Service agreements with any business in the Service Area upon terms and conditions consistent with this Agreement. However, this service is not exclusive to the Contractor. 1. Conditions and Frequency of Service: The Contractor shall provide Commercial Recycling Collection Services to all business or commercial entities located in the Service Area resulting from its own solicitation, by request of the customer, or where a contract meeting the terms and conditions of the Agreement is arranged by the Contract Administrator or designee. The size and frequency of service of the Container designated for Recyclable Materials shall be determined and agreed to by the customer and the Contractor. However, size and frequency shall be sufficient to provide that no Recyclable Materials need be placed outside the Container. Storage capacity shall be suitable for the amount of recyclable materials generated by the customer. The Contractor shall provide Bulk Containers as necessary; however, customers may own their Container provided that the customer is completely responsible for its proper maintenance and replacement. Such Containers shall be of a type that can be serviced by the Contractor’s equipment. Compactors may be obtained by customers from any source, provided that such Compactor must be of a type that can be serviced by the Contractor’s equipment, and the customer shall be completely responsible for its proper maintenance and replacement. Compactor frequency of collection shall be sufficient to handle the waste generated. All Commercial Recyclable Materials shall be placed in a Container, Compactor, or other acceptable Recycling Container. All Bulk Containers and Compactors provided by the Contractor shall be in good condition, painted and neatly labeled with the Contractor’s name, phone number, and size of Container in cubic yards. Recyclable Material shall not be commingled with other solid waste. Where Recycling Containers or Universal Containers are used, they shall be placed at an accessible location or at such other single collection point as may be agreed upon between the Contractor and the customer. All containers shall be kept in a safe, accessible location agreed upon between the Contractor and the customer. Any Container or Recycling Container damaged by the Contractor shall be repaired or replaced by the Contractor within five (5) days. 2. Level, Type, and Disclosure of Rates for Commercial Recycling Collection and Other Services: A written agreement between the Contractor and the customer shall be entered into regarding the level and type of service to be provided and manner of collection of fees. The terms and conditions of such agreement shall be in compliance with all provisions of this Agreement, and the term shall not extend beyond the term of this Agreement as stated in Section 1. The customer shall subscribe to a level of service sufficient to meet the needs of the customer in a 12 3. sanitary and efficient manner. However, upon failure of the parties to reach such an agreement, the Contract Administrator or designee, at the election of the customer, and Contractor may establish the level and type of service to be provided, including the location, size of the Container, and number of pick-ups per week and the “TOTAL RATE” to be charged within the approved rate limits contained in Exhibit I. The Contractor will be responsible for the billing and collection of payment for Commercial Recycling Collection charges, except as otherwise provided in this Agreement. The written agreement between the Contractor and the customer shall be as specified in Section 4.C.3.b., with a copy of such agreement being provided to the City. In the event the customer cancels a contract with the Contractor for Commercial Recycling Collection Services, the Contractor is not obligated to provide Commercial Recycling Collections at the rates set forth in Exhibit I. Upon cancellation, the Contractor shall provide a written explanation to the City for the cancellation. The Contractor shall allow the customer three (3) days to rescind the cancellation after the written notification is provided. To the extent that a customer who canceled Commercial Recycling Collection Services subsequently requests such service, the Contractor may negotiate a separate rate with the customer for such service. Ownership: Notwithstanding any other provision of this Agreement, a commercial generator of Recyclable Materials retains ownership of those materials until he or she donates or sells, or contracts for the donation or sale of those materials to another person or entity. Nothing in this Agreement shall prevent a person or entity engaged in the business of recycling, whether for profit or nonprofit, from accepting and transporting Recyclable Materials, under contract with a commercial generator, from such commercial generator when such Recyclable Materials have been purchased from or donated by the commercial generator and no charge is made to or paid by the commercial generator for the loading, collection, transporting, or removal of such Recyclable Materials. Provided however, that the transporter must report such information to the City as may be necessary for the documentation of state-mandated recycling or reduction goals. H. Accessibility: Placement of garbage cans, bags, or Universal Containers and bulky (large quantities) Vegetative Waste for collection will provide for safe and efficient access to the Contractor’s crew and vehicle, avoiding utility lines and boxes, mailboxes, fences, and overhanging trees. 1. Curbside Residential Solid Waste, Vegetative Waste, and Recycling to be collected curbside must be placed within six (6) feet of the curb, paved surface of the public road, closest accessible public right-of-way, or such other location agreed to by the Contractor. In the event there is insufficient space between the curb and sidewalk for placement of Universal Containers or Vegetative Waste, alternatively they will be collected within two (2) feet of the sidewalk. For purposes of this Agreement, public road or public right-of-way means a road owned and maintained by the County, State, or City, or a road on private property for which an easement or right-of-entry agreement has been granted to the public, and such road is constructed and maintained to a standard whereby access is available by the Contractor’s collection vehicle. Curbside Residential Solid Waste, Vegetative Waste, and Recycling will be collected at only one location on a residential property. Additional stops for collection, as on two sides of a corner lot, are considered a special service requiring an additional rate to be negotiated with the Contractor. All disputes herein shall be resolved by the Contract Administrator, which shall be binding upon the parties. 2. Container Residential Solid Waste and Recycling Containers will be kept in a location agreed upon by the customer and the Contractor, and such location shall provide safe and efficient access to the Contractor crew and vehicle. Cardboard shall be collected if placed next to, on, or inside the Recycling container. If there is frequently a large amount, an alternate, larger container shall be provided upon agreement by the customer and Contractor. In the event an appropriate location cannot be agreed upon, the Contract Administrator shall mediate the dispute and designate the location for collection. 13 I. 3. Commercial Solid Waste and Recycling Container shall be kept in a safe, accessible location agreed upon between the customer and the Contractor. Method of Payment: The City or its designee will be responsible for the billing and collection of payments for Curbside Residential Solid Waste, Curbside Residential Vegetative Waste, and Curbside Residential Recycling Collection Services. Payments from the City to the Contractor will be done and paid no later than the tenth (10") day of the month following service. The collection service rate per unit per month shall be as set out in Exhibit I, which may be modified from time to time but not more frequently than annually, pursuant to the provisions for an Extraordinary Rate Adjustment as provided herein or as otherwise agreed to by the City. The Contractor shall be responsible for billing and collection of payments for Container Residential Solid Waste and Recycling Collection Services as well as Commercial Solid Waste and Recycling Collection Service, not to exceed the rates as set out in Exhibit I. The rates set out in Exhibit I shall be adjusted only as necessary in subsequent years pursuant to the provisions for an Extraordinary Rate Adjustment, as provided herein, or as otherwise agreed to by the City. The Contractor may be asked to bill the City or the customer for all or a part of the Containers used by the customer for Commercial Recycling Collection Service, at the rate set out in Exhibit I, as determined by the Contract Administrator. J. Method of Collection: The Contractor shall provide new enclosed packer loader-bodied vehicles equipped to provide automated collection of Residential Solid Waste. Enclosed packer loader-bodied vehicles no older than seven (7) years shall be provided for manual collection of Residential Solid Waste during Fiscal Year 2006, as well as for Vegetative Waste during the contract term. Bulk Trash and large quantities of Vegetative Waste that cannot be containerized shall be collected by means of manual rear load packer vehicles or open box vehicles equipped with grapples for loading the waste into the vehicle container. Compartmented bodied vehicles equipped for manual and semi-automated loading and lifting shall collect curbside and Container Residential Recycling. Two (2) compartments are required to collect and transport two (2) streams of recyclables; containers such as glass bottles and jars, plastic bottles and aluminum cans; and fiber such as newsprint, magazines, catalogues and properly-sized cardboard. Items to be collected as part of the Solid Waste Authority recycling program may be adjusted from time to time during the term of this Agreement. Commercial and container Residential Solid Waste shall be collected by enclosed loader packer bodied vehicles or by roll-off type vehicles servicing stationary compactors or open top container. All collection equipment shall be equipped and operated in such a manner as to avoid, at all times, spilling, dropping, or blowing contents out of the vehicle or hopper onto public or private property to include all roads, streets, highways, and right-of-ways. 1. The Contractor shall purchase, store, assemble, and distribute Universal Containers generally sued in 65- and 95-gallon sizes, hot stamped as required by the City, for all curbside customers within the City for Residential Solid Waste. The City may elect to implement semi-automated or automated collection of Vegetative Waste at a future date. Each Universal Container shall have a City logo on each side, a serial number which shall include the container size and last two digits of the year of purchase, and hot stamp indicating its purpose, i.e., Solid Waste or Vegetative Waste, on the lid. Deliveries of Universal Containers will be made from the manufacturer to the Contractor for unloading, assembly, storage, and distribution. The Contractor shall assemble and distribute the Universal Containers at its sole expense, in accordance with a City-approved plan. Distribution will be coordinated through the Contract Administrator so as to maintain a precise database of each serial-numbered Universal Container to specific customer addresses in the City. The City shall own the Universal Containers at the end of the term of this Agreement. On October 3 1, 2006, and annually thereafter during the terms of this Agreement, the Contractor shall deliver to the Contract Administrator a complete and accurate database in electronic form containing the serial number of each Universal Container delivered to curb customers by City street address with delivery date. Replacement containers shall be noted in the database with the letter 'R' and above- required information. 14 2. Recycling containers shall be provided by the City from the Solid Waste Authority and distributed by the Contractor. The City will order recycling containers for distribution by the Contractor according to requests made through the City-designated customer service agent. Inventory and release of recycling containers shall be the responsibility of the Contractor. 3. Transition Plan and Schedule: The parties hereto agree to change the current method of collection from a manual to an automated system commencing with Residential Curbside Solid Waste on October 1, 2006, and at a future date selected by the City for Residential Curbside Vegetative Waste. A plan and schedule to effectuate these changes shall be prepared by the Contractor and submitted to the City for review, comment, and revision, as required, and ultimate approval. The plan and schedule shall address, at a minimum, the following: 0 0 0 0 0 0 0 0 0 0 A schedule for Contractor acquisition of new collection equipment. Route startup schedule: Solid Waste, Vegetation, and Recycling. Universal Container acquisition by the City and distribution schedule by the Contractor. Container inventory database development, tracking, and control procedures by both parties. Determination of quantities of Universal Container size needs. Development of customer information brochures, notices, and advertisements. Method of information distribution and follow-up on customer information requests. Universal Container distribution method and schedule which shall be the responsibility of the Contractor. Method for collecting and disposing of unwanted customer garbage cans. Charges for additional containers per unit and compensation to the Contractor of $50.00 per container for additional or replacement container deliveries as requested by the City will be incorporated into a procedures document by the City by October 1,2005. Thse parties agree that the present manual collection system will remain in effect and the Contractor shall continue providing unlimited manual collection service to all curbside customers until the semi-automated collection system is installed in accordance with the approved Transition Plan and Schedule. K. Hours of Collection: Collection Services shall not be provided in the Service Area except between the hours of 7:OOa.m. and 6:30p.m. Monday through Saturday. The Contract Administrator shall resolve collection schedule disputes between the customer and Contractor. The Contract Administrator may restrict the hours of service to non-residential customers if in hidher judgment disturbance complaints warrant such action. Hours of collection may be extended or temporarily stopped due to extraordinary circumstances or conditions with the prior consent of the Contract Administrator. L. Routes and Schedules: The Contractor shall provide and keep current with the Contract Administrator or designee, in a format acceptable to the Contract Administrator, an up-to-date route schedule map for all Residential and Commercial Collection Service routes and schedules. The Contractor shall immediately notify the Contract Administrator in writing of any proposed change in any route schedule three (3) weeks prior to the proposed change for review and approval by the Contract Administrator. In the event of a permanent change in the routes or schedules that will alter the pick-up day, the Contractor shall immediately notify the affected customer in writing or other method approved by the Contract Administrator, not less than two (2) weeks prior to the change, at no cost to the City and the customer. Notification to the customer includes any day changes prior to the beginning of this Agreement. Notification to Curbside customers shall be done twice - once two (2) weeks prior to the change and once one (1) week prior to the change. The City reserves the right to deny the Contractor’s vehicles access to certain streets, alleys, and public ways inside the City enroute to the disposal site where it is in the interest of the general public to do so because of the condition of the streets or bridges. The Contractor shall not interrupt the regular schedule or quality of service because of street closures of less than eight (8) hours in duration. The City shall notify the Contractor of street closures 15 of longer duration and arrangements for service will be made in a manner satisfactory to Contractor and the City. The Contractor understands and agrees to the fact that at times during the year the quantity of solid waste to be disposed may be increased by the influx of visitors. This additional load will not be justification for the Contractor to fail to maintain the required collection schedules and routes. M. Recycling Containers for Residential Dwelling Units: 1. The City shall order and the Contractor shall pick up and distribute to each residence(s) within the City a minimum of two (2) containers for Recyclable Materials to be collected. All Recycling Containers are the property of the City. Any Containers distributed prior to the commencement of this Agreement provided by the Contractor shall also become the property of the City on the date of commencement of thisAgreement. The Contractor shall maintain an adequate supply of Containers to provide for new residents and replacements for existing residents. 2. The Contractor will repair or replace at itsexpense any Container, Universal Container, or Recycling Container damaged through the fault or negligence of the Contractor or itsemployees. The Contractor shall replace a Universal Container within forty-eight (48) hours of request by the customer or the City. 3. The Contractor shall promptly deliver replacement Recycling Containers, or Containers damaged by its employees, or when notified by the Contract Administrator or designee, or the occupant of a Dwelling Unit where a Recycling Container, Universal Container, or Container is damaged or missing, and shall report monthly all such replacements to the City. The Contractor shall also promptly deliver Universal Containers, Recycling Containers, or Containers as requested by the City on behalf of the residential customers for the purpose of excess Recyclable Materials or for new residential customers within five (5) business days of the request by the customer or the City. N. Material Recycling Facility: The Contractor shall deliver all Recyclable Materials collected from the Service Area to the Solid Waste Authority Materials Recycling Facility (MRF) or facility designated, in writing, by the Contract Administrator. 0. Change in Scope of Recycling Collection Service: From time to time, at the sole option of the City, it may be necessary to modify the scope of Recyclable Materials or the method of collecting recyclables that will be included in the Recycling Collection Service. Should this occur, the City and the Contractor agree to enter into good faith negotiations to amend this Agreement to reflect the impact of any such modification. 5. CHARGES, RATES, AND LEVEL OF SERVICES: A. Solid Waste and Recycling Collection Rates: Charges for all Collection services performed by the Contractor pursuant to this Agreement shall be based on the rates established in Exhibit I, and as may be subsequently adjusted pursuant to the provisions for Extraordinary Rate Adjustment, as provided herein in thls Agreement or as otherwise agreed to by the City. The Contractor shall supply the City with such information as determined to be necessary to make the calculations to determine the rate adjustment in accordance with the Agreement. No change in rates, as provided by thls Agreement, shall be made Without the approval of the City Council. Rate adjustments shall be effective the following October 1, unless otherwise mutually determined by the City and the Contractor. The technology fee shall not be subject to any annual CPI adjustment. An income and expense statement stating gross revenues paid to the Contractor and expenses for the collection and recycling services and the cost of operations provided under this Agreement, as well as 16 disposal fees paid to the Authority, shall be prepared by the Contractor in accordance with generally- accepted accounting principles for each month during the term of this Agreement. The quarterly statement shall be submitted forty-five (45) days after the reported month and shall be in a format similar to that as set out in Exhibit IV, as may be further revised by the Contract Administrator from time to time. T he quarterly franchse fee payment shall accompany this report. Within one hundred twenty (120) days after the end of the Contractor’s fiscal year, the Contractor shall deliver to the City, in a format as shown in Exhibit 111, as may be further revised by the Contract Administrator from time to time, an Audited Financial Statement including, at a minimum, a Balance Sheet and an Income Statement representing the financial position and the Results of Operations, respectively, of the Contractor for the Service Area. The report must include the opinion of a Florida Certified Public Accountant, who has conducted an audit of the Contractor’s books and records in accordance with generally-accepted auditing and accounting principles and standards, whch include tests and other procedures necessary, that the Financial Statements are fairly presented, in all material respects, in conformity with generally-accepted accounting principles. B. City’s Obligation - Billing, Collection, Payments: 1. The City or designee will be responsible for the billing and collection of payments for those units included in the City’s mandatory Residential Solid Waste and Vegetative Waste Collection Services and the Residential Recycling Collection Services programs. The City shall make monthly payments in arrears to the Contractor for these Services pursuant to hsAgreement. The Contractor shall be entitled to payment for the Collection Services specified here irrespective of whether or not the City collects from customers for such services. Payments from the City to the Contractor will be due and paid no later than the tenth (10’) day of the month following the month during which services were rendered. On or before October 1, and before commencement of work by the Contractor under the terms of this Agreement, the City or designee shall provide to the Contractor the estimated total number of units to be serviced. By November 1 of each Fiscal Year, the City or its designee shall provide to the Contractor a copy of the annual tax roll providing a listing of all the units to receive these services. Thereafter and for the duration of this Agreement, the City or designee shall notify the Contractor monthly of new residential units to be served andor deleted, and payments will be adjusted accordingly. New Dwelling Units, whch are added for Collection service during the City’s Fiscal Year, will be added to the customer service list, and payment for said services will be paid by the City to the Contractor in the Contractor’s monthly payment. Payment will commence the first day of the month following the issuance of a certificate of occupancy (“CO’). The payments from the City to the Contractor for units added by CO are paid no later than the tenth (lo*) day of the month. After the first year of the Agreement, the Dwelling Unit becomes part of the total number of the subsequent year’s total number of units, provided annually to the Contractor on or before October 1. Reconciliation will occur every year in January based solely on units listed in the tax roll plus units issued COS since January of the previous year. 2. In the event the Contractor provides service to Dwelling Units whose parcels were not included on the annual tax roll provided by the City, the Contractor must provide a written list of such Dwelling Units and the length of time for whch service was provided to the Contract Admmstrator withm ninety (90) days of receipt of the tax roll or monthly notice of new occupancy is received. Upon receipt of such written list by the City, the Contract Ahstrator will verify the customer address and that service to the unit is proper within thirty (30) days, and if proper, shall remit monthly payments to the Contractor for such service effective as of October 1 of that Fiscal Year or the date service began, whichever is earlier, but for no period more than ninety (90) days in arrears. If the City has not received notification within ninety (90) days by the Contractor, no adjustments to payment will be made until the next Fiscal Year annual roll is certified for the same units. However, the City 17 C. reserves the right to correct any errors of omission or commission per the laws and rules that govern the City. In the event the City pays the Contractor for a residential unit in error for whatever reason, the Contractor shall notify the Contract Ahstrator. Upon determination of any overpayment, the Contract Administrator will verify the error and make appropriate adjustment to the Contractor's payment to correct the error. Solid Waste Disposal Costs: Collection service costs and solid waste disposal costs shall be treated separately for the Solid Waste Collection services being provided pursuant to thisAgreement. The Contractor's payments for Collection are set out in Exhibit I as adjusted annually. Residential and Commercial solid waste disposal costs shall be separated from Residential and Commercial Collection Service costs as shown in Exhibit I. Residential disposal costs will be part of the special assessment billed by the Solid Waste Authority of Palm Beach County (Authority) except as otherwise provided in this Agreement. The Contractor will be given a disposal credit for each residential unit as calculated by the Authority annually as shown in Exhibit I. The non-assessed portion of the commercial disposal costs will be part of the service charge billed by the Contractor. The Contractor shall pay the Authority for all solid waste disposal costs incurred for disposing of all solid waste at the Authority's Disposal Facilities, except for the portion of disposal costs which have been separately credited by the City. The City accepts no responsibility or financial liability for quantities of Residential Solid or Vegetative Waste required to be collected pursuant to the terms and conditions of this Agreement. The City will pay the Contractor, on a quarterly basis pro-rated, fees for new residential units issued aCO. Pro-rated disposal fee calculations shall be determined by the City in accordance with procedures to be adopted by the City prior to October 1,2005. D. Extraordinary Rate Adjustment (ERA): The Contractor may petition the City at any time for an additional rate adjustment on the basis of extraordinary and unusual changes in the cost of operations that could not reasonably be foreseen by a prudent operator. The Contractor's request shall contain substantial proof and justification, as determined by the City, to support the need for the rate adjustment. The City may request from the Contractor, and the Contractor shall provide, such further information as may be reasonably necessary in making its determination. The Contractor shall submit for an extraordmsuy rate adjustment within twelve (12) months of the event(s) necessitating the adjustment, but not before January 31 or later than March 31 of any calendar year. The City shall approve or deny the request, in whole or in part, within sixty (60) days of receipt of the request and all other additional information required by the City. The Contractor shall supply the City with such information as may be necessary to make the calculations to determine the rate adjustment in accordance with the Agreement. No change in rates, as provided by thls Agreement, shall be made without the approval of the City Council. Rate adjustments shall be effective the following October 1, unless otherwise mutually agreed by the City and the Contractor. The Contractor shall not file for an Extraordmry Rate Adjustment more than once every twelve (12) months beginning October 1 each year; however, no adjustment may be requested nor will one be granted during the last year of the Agreement. The City shall be the sole determiner of such extraordinary rate adjustment or compensation as contemplated herein. The Contractor's base costs for the ninety (90) days preceding the Agreement start date for any items included in an Extraordinary Rate Adjustment must be submitted as part of a request for adjustment. E. Annual Rate Adjustment: On a yearly basis and commencing on October 1, 2006, and every year thereafter that this Agreement is in effect and subject to the limitations provided above, the Contractor shall receive a standard rate adjustment for all collections made hereunder, as set forth in Exhibit I of this Agreement, except for Construction and Demolition Debris which is subject to a separate annual Roll-off Collection Permit. F. Contract Service Fee: To compensate the City for the cost of administration, supervision, and inspection rendered for the effective performance of this Agreement, as well as other costs related to Collection, the Contractor shall pay to the City a fee of five percent (5%) of all gross revenues billed 18 arising out of any services or operations conducted in the Service Area. Solid waste disposal costs paid by the Contractor to the Authority under this Agreement shall be deducted from the gross revenue total prior to applying the 5% for calculation of the Contract Service fee due to the City. Contract Service fees for each calendar quarter shall be payable within forty-five (45) days following the last day of such calendar quarter. A late charge of one and one-half percent (1.5%) of the monies due for the Contract Service fee shall be calculated monthly until payment is received. 6. HOLIDAYS: The Contractor shall not be required to collect Commercial Solid Waste, Commercial Recycling, Residential Solid Waste, Vegetative Waste, and Residential Recyclable Material or maintain oflice hours on Thanksgiving Day and Christmas Day. Residential Solid Waste, Recyclable Material, and Vegetative Waste not collected on Thanksgiving Day and Christmas Day shall be collected on the next scheduled service day. The Contractor shall not be required to maintain office hours on Memorial Day, Labor Day, Independence Day, New Year’s Day, Thanksgiving Day, and Chstmas Day. However, on all holidays except Thanksgiving Day and Christmas Day, the Contractor shall provide for operations personnel to accept calls from the City and the Contractor’s customers. 7. SPECIAL SERVICES: Where the resident of a dwelling unit is physically unable to deliver Residential Solid Waste, Vegetative Waste, or Residential Recycling to the curbside and is qualified as handicapped by the Contract Administrator an alternative location may be arranged between the customer and the Contractor at no extra cost to the resident. The Contract Admirustrator shall resolve any dispute by designating the alternate location. If a residential structure is located in such a manner as to provide non-accessibility to the Contractor’s crew or vehicle, an alternate may be arranged between the customer and the Contractor at no cost to the resident. The Contract Adrmnistrator will resolve any dispute. Rates charged for Special Services may not exceed the Special Service Rate listed in Exhlbit I. If the Resident requests Special Services, such as back-door service (off-curb service), these services shall be billed directly to the customer by the Contractor in accordance with Exhibit I; such charges shall then be established through negotiations between the Contractor and the customer. In the event the customer and the Contractor cannot reach an agreement on the cost, the Contract Administrator shall determine the cost. Any special service(s) negotiated between the Contractor and a customer shall be in the form of a written agreement and signed by both parties. The Contractor shall provide a copy of this agreement to the Contract Administrator within five (5) days of the execution of the agreement. 8. PUBLIC AWARENESS PROGRAM: The Contractor shall assist the City with the Public Awareness Program to inform residential and commercial customers of the requirements for solid waste, vegetative waste and recycling collection and the conversion requirements to 111 automation, which shall include, but not be limited to, brochures and other materials approved by the City as well as by distributing door hangers, stickers, flyers, or other medium for distribution to residential and commercial customers as requested by the City. The City and the Contractor will share responsibility for the promotion of the recycling programs. The City and the Contractor will cooperate in the design of promotional events and educational programs and the preparation of the above referenced promotional materials. However, the City’s contribution shall be subject to budget, review, and approval by the City. The Contractor will distribute written service information to the residential paIticipants on a periodic basis. The Contractor further agrees to conduct presentations for schools, civic grclups, homeowners associations, and other appropriate citizens groups. Contractor financial responsibility will be limited to reimbursing the City for its commercial printing costs for printed informational materials regarding the Solid Waste and Recycling Collection Program. The Commercial Recycling customer will also be notified, by the City through the Contractor, about special commercial recycling events, workshops, educational forums and symposiums, and other activities, as requested. City personnel may be available to assist the Contractor’s marketing staff in expanding commercial marketing service. 9. MANNER OF COLLECTION: The Contractor shall collect Residential Solid Waste, Vegetative Waste, and Recyclable Materials and Commercial Solid Waste and Recycling with a minimum of noise and as little disturbance as possible, and shall leave all containers at the same point it was collected and leave no container 19 in a location blocking vehcle access to a dnveway. Any Garbage Can, Universal Container, Recycling Container, or Container damaged by the Contractor will be repaired or replaced by the Contractor within forty- eight (48) hours at no cost to the customer, unless otherwise provided within this Agreement. The replacement must be similar in style, material, quality, and capacity. Throwing of any Garbage Can, Universal Container, or Recycling Container is prohibited. The Contractor shall neatly replace all Containers and Garbage Cans to the point of collection. Employees of the Contractor shall not be required to expose themselves to the danger of being bitten by vicious dogs or similar animals in order to accomplish Curbside Residential Solid Waste, Vegetative Waste, and Recycling Collection Service. In any case where the owner or tenants have such animals at large, the Contractor shall immediately notify the Contract Administrator of such condition and of its inalbility to provide service because of such conditions. Collection crews will immediately clean up any spillage created in the process of collecting Residential Solid Waste, Vegetative Waste, and Recyclable Material. 10. PERSONNEL OF THE CONTRACTOR A. The Contractor shall assign a qualified person or persons to be in charge of daily operations within the Service Area and shall give the name(s) and oflice and cellular telephone numbers of the person(s) to the Contract Administrator. Such person(s) shall be present in the City during the majority of collection hours each collection day. B. The Contractor's solid waste collection employees and workers shall wear a uniform or shirt bearing the Contractor's name during operations in the City. C. Each driver of a collection vehcle shall at all times carry a valid Florida driver's license for the type of vehicle that is being driven. D. The Contractor shall provide operating and safety training for all personnel, including temporary workers, and documentation as proof of training. E. The Contractor's employees and workers shall treat all customers in a polite and courteous manner. F. The Contractor shall provide emergency contact numbers for all key personnel. In addition, the Contractor shall supply at no cost to the City one Nextel radio with the numbers of all contacts pre-programmed into the phone for City use. 11. SPILLAGE: The Contractor shall not litter or cause any spillage to occur upon the premises, roadway, or the right-of-way wherein the collection shall occur. During hauling, all solid waste, vegetative waste, and recyclable material shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented. In the event of any spillage or leakage by the Contractor, for any reason or source, the Contractor shall clean up all spillage and leakage at no cost to the City or the customer the same day of occurrence, unless otherwise specified within this Agreement or some other period as approved by the Contract Administrator. The Contractor shall include spill containment kits in each vehicle operating in the City. Additionally, the Contractor will install and maintain, at its own expense, a lockable storage unit in a designated area of the Cily Public Works yard containing sufficient quantities of spill containment absorbent material to effectively contain and clean up the loss of fifty (50) gallons of fluid. Sufficient bags of gray Portland cement and heavy duty brush brooms will also be stored to cover and area twenty-five (25) feet wide and forty (40) feet long. 12. SOLID WASTE AND MATERIAL RECYCLING FACILITIES: All Residential Solid Waste, Commercial Solid Waste, Vegetative Waste, and Recyclable Material shall be hauled to a designated Facility. Facilities managed and operated by the Solid Waste Authority are periodically closed for maintenance (an average of thirty (30) business days every four (4) years. In the event a Designated Facility is closed, the Contractor shall take the Solid Waste, Vegetative Waste, and Recyclable Materials to another Designated Facility at no charge to the City. 20 In the event that a load of Recyclable Materials delivered to a Designated Facility contains more than three and one-half percent (3.5%) by weight of the total load, material which is not Recyclable Material, or that there is more than 3.5% paper products within the other commingled Recyclable Material or visa versa, the Authority or its designee has the right to reject the load and to charge the Contractor the fill disposal fee for each ton within the load. The Contractor may pass this cost through to a commercial customer in the event that the Contractor can prove, to the satisfaction of the customer, that the customer caused the contamination. In the event of a dispute, the Contract Administrator will determine whether the Contractor or the customer will absorb the disposal fee. It is the responsibility of the Contractor to notify the City of any customer who has on more than three (3) occasions contaminated the Recyclable Materials. 13. COLLECTION EQUIPMENT: The Contractor shall acquire new semi-automated equipment for Residential Curbside Solid Waste Collection Service and have on hand at all times and in good working order such equipment as shall permit the Contractor to adequately and efficiently perform the contractual duties specified in this Agreement. Upon execution of this Agreement and semi-annually thereafter, the Contractor shall provide, in a format specified by the Contract Adrmnistrator, a list of the equipment to be used by the Contractor to provide services relating to this Agreement. Residential Solid Waste collection equipment shall be of the semi-automated enclosed loader packer type, or other equipment that meets industry standards and is approved by the Contract Administrator. Similar equipment may be required if the City chooses to semi- automate Vegetation Waste Collection. All Equipment shall be kept in good repair, appearance, and in a sartitary, clean condition at all times. Recycling Materials collection equipment shall be dual-compartment equipment (one compartment for paper productsand one compartment for other Recyclable Material), separate trucks or other equipment that meets industry standards and is approved by the Contract Adrmnistrator, and mulst be compatible for unloading at the designated recycling facility or transfer station. Unless otherwise provided within this Agreement, in the event a compacting vehicle is used for the collection of Recyclable Materials, compaction pressure may not exceed fifty (50) pounds per square inch for the commingled non- paper Recyclable Materials to avoid glass breakage. Equipment utilized for the collection of Recyclable Materials shall be clearly identified for that purpose. The Contractor shall have available reserve equipment, which can be put into service wib two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the assigned equipment used by the Contractor to perform the contractual duties. However, back-up equipment can be a rear or front load packer with lifters. Equipment is to be painted uniformly with the name of the Contractor, business telephone number and the number of the vehicle in letters not less than five (5) inches high on each side of the vehicle. The rear of the vehicle shall contain signs warning the public of frequent stops. All vehicles shall be numbered and a record kept of the vehicle to whch each nwnber is assigned. No advertising shall be permitted on vehcles, except of events sponsored by the City. All containers shall have the container size listed in cubic yards displayed on the front of the container. No equipment used in hs Agreement shall be older than seven (7) years except for reserve vehicles. 14. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR BIOMEDICAL WASTE, AND SLUDGE: The Contractor shall not be required to collect and dispose of Special Waste, Hazardous Waste, Biohazardous or Biomedical Waste, or Sludge but may offer such service in the City. All such collection and disposal for those types of waste in this Section are not regulated or exclusive under hs Agreement, but if provided by the Contractor, shall be in strict compliance with all federal, state, and local laws and regulations. 15. OFFICE AND EQUIPMENT YARD: The Contractor shall maintain an office within Palm Beach County where complaints shall be received. It shall be equipped with sufficient telephones, with no less than two (2) phone lines, and shall have responsible persons in charge during collection hours and shall be open during noimal business hours, 8:OO am to 5:OO p.m, Monday through Friday. The Contractor shall provide a fax machine andor computer to receive complaints from the City, which shall be operable twenty-four (24) hours a day. The Contractor shall provide an answering machine during non-office hours for customer requests and questions to be responded to during the following business day. The Contractor shall provide a contact person for the City to reach during all non-office hours. The contact person must have the ability to authorize Contractor operation in the case of City direction or situations requiring immediate attention. The Contractor’s Equipment Yard and office are located currently at 65 1 Industrial Way, Boynton Beach, Florida. Equipment 21 Yard means a real property location that shall be utilized by the Contractor for the storage and keeping of all equipment needed by the Contractor to provide all services under this Agreement in the Service Area 16. COMPLAINTS: Any complaints received by the City will be forwarded to the Contractor by telephone, computer, or electronic media at least twice daily where the Contractor shall record it on a complaint log, as well as any complaints received directly by the Contractor. The Complaint shall be resolved within twenty-four (24) hours after the Contractor receives it. When the complaint is received by 12:OO noon on a Saturday or the day preceding Thanksgiving Day and Christmas Day, it shall be resolved by the Contractor the same day it is received; however, if received after 12:OO noon, it shall be resolved no later than the next regular working day. When the Contract Administrator notifies the Contractor of a complaint or the Contractor receives a complaint the Contractor shall take the appropriate steps that may be necessary to resolve the complaint within twenty-four (24) hours after its receipt. If a complaint cannot be resolved within twenty-four (24) hours, the Contract Administrator shall be notified immediately of the reasons for the delay. If the Contract Administrator approves the reasons, the twenty-four (24) hour resolution period will be adjusted. The Contractor shall provide the Contract Administrator or designee with a full written explanation of the disposition of any complaint involving a claim of damage to private or public property as a result of actions of the Contractor’s employees, agents, or sub-contractors. Any damage shall be repaired within seven (7) business days with written disposition submitted to the City within five (5) days following resolution. The Contractor shall prepare and maintain, in accordance with a format and method approved by the City, a register on all complaints, and shall indicate thereon the disposition of each complaint. Such record shall be submitted to the City after the tenth (IO*) day of each month for the preceding month. The record shall indicate the day and hour on which the complaint was received and the day and hour on which it was resolved. The complaints received by the Contractor, both residential and commercial customers by service type and their disposition, shall be delivered electronically daily to the Contract Adrmnistrator. Legitimacy of challenged complaints shall be determined by the Contract Adrmnistrator, and hisiher decision shall be final. It is recogmzed that dsputes may arise between the City and the Contractor with regard to the collection of certain items due to disputes over the specific language of the Agreement. The Contract Administrator may from time to time notify the Contractor by telephone to remove all such rehe. Should the Contractor fail to remove the refuse within twenty-four (24) hours from the time of notification, the City will do so, and all costs incurred by the City shall be deducted from compensation due the Contractor. This action taken by the City shall not be deemed a breach of hs Agreement; the parties understand that the City has the unilaterial right to set off such amounts, and such action by the City shall not be deemed a breach of this Agreement. Notice of the amount deducted shall be given to the Contractor. If it is determined by the City or designee that disputed refilse did not conform to contract specification, the Contractor shall be entitled to additional compensation for removal. 17. QIJALITY OF PERFORMANCE OF CONTRACTOR: It is the intent of this Agreement to ensure that the Contractor provides a quality level of Solid Waste and Recycling Collection Services. To hs end, all cornplaints received by the Contact Ahstrator or designeeand reported to the Contractor shall be promptly resolved pursuant to the provisions of Section 16 and all other terms and conditions of this Agreement. Coimplaints shall not include customer mformational requests or Recycling Container requests. A complaint not resolved wih twenty-four (24) hours, unless otherwise provided in this Agreement, shall count as two (2) cornplaints. In the event complaints received from curbside customers within the Service Area, as determined by the Contract Admhstratoror designee exceed the limits shown in the tabulation below, the Contract Administrator shall levy $100.00 per incident administrative charges for those actions related to service as listed within th~s Agreement. These administrative charges shall be in addition to other abnistrative charges levied by the Contract Administrator. There will be a $1,000 admhstrative penalty in addition to other penalties if the percentage of complaints, based on residential units served, is exceeded monthly or annually. Type of complaint Monthly Limit (“h) Fiscal Year (Annual) Limit % 22 Grarbage and Damage Recycling Vegetation A.ll Others 0.50% 0.15% 0.50% 0.10% 1.25% 3 .OO% 1 .OO% 2.00% 0.50% 6.50% The Contract Administrator may also levy administrative charges for all other &actions of this Agreement at $100.00 per day per incident, as determined by the City or designee, without regard to the percentage of customer complaints including: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22:. 23. 24. Commingling Solid Waste with Vegetative Waste andor Recyclable Materials. Throwing of garbage cans or recycling containers. Failure to collect Recyclable Materials, Solid Waste, or Vegetative Waste on collection schedule. Failure to replace Garbage Cans, Universal Containers, Containers, or Recycling Containers to the point of collection. Failure to provide clean, safe, sanitary equipment. Failure to maintain office hours as required. Operator not licensed or qroperly licensed. Failure to provide documents and reports in a timely and accurate manner such as listed in A below Damaged Container, Universal Container, or Recycling Container not replaced within forty-eight (48) hours. Failure to clean spillage. Failure to repair damage to customer property within seven (7) business days or as otherwise provided in hs Agreement. Failure to cover materials on collection vehicle(s). Collection employees or temporary workers not in company uniforms. Name and phone number, and if applicable, size not displayed on equipment, Containers, or subcontractor's equipment. Not providing current schedule and route maps as required. Traffic violation within the City issued by law enforcement. Using improper truck to service commercial or residential customer. Failure to submit disclosure notices as required in the Agreement to either customer or Contract Administrator. Failure to report Residential Solid and Vegetative Waste and Recycling and tonnage activity monthly (on or before the tenth (10') day of the following month) in a format determined by the City, for the purpose of tracking and verifjmg generation rates. Failure to collect Recyclable Materials, Solid Waste or Vegetative Waste on schedule for any customer who has been missed more than three (3) times per Fiscal Year. Failure to respond to customer calls, including commercial recycling and solid waste collection service customers, in a timely and appropriate manner. Failure to place a contamination sticker in Recycling Containers. Failure to replace or provide containers or Recycling Containers within five (5) business days. Failure to place a sticker on any waste not collected explaining the reason for the pass. The Contract Administrator shall assess administrative charges for the following, as set forth herein: 0 0 Changing collection routes or schedules without proper notification will result in a $1,000.00 fine per incident. Failure to clean up spillage of any substance, such as, but not limited to, hydraulic fluid or diesel fuel, will result in a $2,500.00 fine per day, per incident. Failure to deliver any Commercial or Residential Solid Waste, Vegetative Waste, or Recyclable Materials to a designated facility will result in the following penalties: 1. First offense, $1,000.00 fine 23 2. Second offense, $2,500.00 fine 3. lhrd offense, immediate Termination of Agreement. Failure to complete, either partially or totally, a collection route on the regularly scheduled pick-up day shall be $500.00 for each route per day not completed. Filing of requested information and documents: 1. In addition to any other requirements of this Agreement, the Contractor shall be required to file pertinent statistical and aggregate cost information pertaining to Solid Waste Collection and Recycling Collection Services that is requested by the City. The results of all recycling activity conducted by the Contractor in the City during each month, whether residential or commercial, shall be reported accurately to the City, in a format and with such dates as specified by the City, on or before the tenth (IO" )day of the following month. At a minimum, the Contractor shall submit the following by the tenth (1 0' )of the month: Customer complaint log Commercial customer service list Tonnagereports Universal Container distribution inventory by address, date, size, and serial number. 2. The Contractor shall file and keep current with the City all documents and reports required by this Agreement. By September 1 of each year this Agreement is in effect, the Contractor shall ensure and certify to the City that all required documents such as, but not limited to, certificates of insurance, audits, performance bond or letter of credit, collection routes and schedules and maps, drivers license certifications, and list of assigned collection equipment vehcles are current and on file with the City. Collection route maps shall be provided in a format as required by the City. Failure to file any document or report within five (5) working days of the required filing date, except where granted an extension by the Contract Administrator, may result in the levy of an adrmnistrative fine as provided in Section 17. For the purpose of this Section, the Contract Administrator may deduct any charges from payments due or to become due to the Contractor, and the City shall not be deemed in default hereunder. The Contract Aclministrator may assess charges pursuant to this Section on a monthly basis in connection with this Agreement and shall at the end of each month during the term of this Agreement notify the Contractor and the City in writing of the administrative charges assessed and the basis for each assessment. In the event the Cclntractor wishes to contest such assessment, it shall, within five (5) days after receiving such monthly notice, request in writing to the Contract Ahstrator an opportunity to be heard by the City and present its defense to such assessment. The City shall notify the Contractor in writing of any action taken with respect to the Contractor's claims, and the: decision of the City will be final. 18. NATURAL DISASTERS: In the event of a hurricane, tornado, major storm or other natural disaster, the Contract Adrmnistrator may grant the Contractor a variance from regular Collection Routes and Schedules. As soon as practicable after such natural disaster, though not more than forty-eight (48) hours, or as soon as Solid Waste Authority facilities are open for receipt of waste, normal collection routes and schedules shall resume. Thle Contract Administrator or designee shall make an effort through the local news media to inform the public when regular services may be resumed and any special conditions required for collection. If authorized to provide storm debris removal services by the Contract Administrator, the Contractor's clean-up activities from soime natural disasters may require that the Contractor hire additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris resulting fiom the natural disaster. The Contractor shall receive compensation above the normal compensation contained in this Agreement to cover the costs to at leaLst include rental equipment, additional personnel, overtime hours, and other documented expenses, provided the Contractor has first secured written authorization and approval from the Contract A-strator prior to the work being performed. In addition, the City may require the Contractor to provide citywide emergency 24 Vegetative Waste Collection service prior to a pending natural disaster, such as a storm. The City's Contract Administrator and Accountant shall audit all such costs prior to payment. During the month of March each year, the Contract Administrator will review the City's current disaster preparedness plan to initially coordmate the regular collection activities of the Contractor in the event of a natural disaster. On January lof each year of th~s Agreement, the Contractor is required to provide a disaster preparedness plan to the Contract Administrator for review and approval. This plan shall include provisions for additional manpower and equipment and will establish a reasonable, verifiable rate for collection in the event of a natural disaster to be compensated through the City's Contract Service fees if the Contractor is authorized to provide removal services by the City. In the event that excess work resulting from a natural disaster is compensated by the Federal Emergency Management Agency, or any other local, state, or federal agency, the extra compensation shall be subject to such agency's approval. The Contractor shall update his natural disaster plan each year of the term of the Agreement for the Contract Administrator's review and approval. The parties hereto understand that there shall be no double billing for services hereunder. 19. UNCONTROLLABLE CIRCUMSTANCES: Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which by the exercise of reasonable diligence the non-performing party could not avoid. However, the City is not required to compensate the Contractor for services not provided. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and whch the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperfonning party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing cointinued performance of the obligations of this Agreement. 20. PERMITS AND LICENSES: The Contractor shall obtain, at its own expense, all permits and licenses required by law or ordinance and maintain the same in full force and effect. Any change of the licenses or peimits shall be reported to the City within ten (10) working days of the change. By award of this Agreement, the: City grants a Roll-off Collection Permit, whch must be signed by the Contractor. Annual permit fees are waived. 21. PERFORMANCE BOND: The Contractor shall hsh to the City a performance bond executed by a surety coinpany licensed to do business in the State of Florida and/or a clean irrevocable letter of credit issued by a bank within Palm Beach County to ensure the faithful performance of hs Agreement and all obligations arising hereunder in the appropriate amount determined in accordance with Exhibit III, attached. The clean irrevocable letter of credit or bond provided hereunder may each be substituted for the other upon approval by the City. The form of this bond or letter of credit and the Surety Company shall be acceptable to the City Attorney and the Contract Ahstrator and shall be maintained during the term of th~s Agreement as provided in Section 1. The bond shall not be canceled, limited, or non-renewed until after hrty (30) days' written notice ha:; been given to the City. Current performance bond evidencing required coverage must be on file at all hies. 22. EMPLOYEE WAGES AND BENEFITS: The Contractor shall comply with all applicable local, state, and federal laws rules, regulations, codes, and ordinances relating to wages, hours, overtime and all other applicable laws relating to the employment or protection of employees, now or hereinafter in effect. The Contractor shall provide salary and benefits to employees that are competitive in Palm Beach County for the Solid Waste Collection Industry. Conditions of employment shall be published and conspicuously posted so all employees may be informed. The Contractor shall fiu7ush reasonable uniforms, rain gear, and safety equipment at its expense. 23. INSURANCE: During the term of the Agreement, the Contractor shall procure, maintain, and provide, at its own expense, the City with certificates of insurance or evidence of the insurance required under this Section. 25 Cancellation or modification of said insurance shall not be effected without thirty (30) days' prior written notice to the City. A. Workers' Compensation Insurance: Workers' Compensation coverage must be maintained in accordance with statutory requirements as well as Employer's Liability Coverage in an amount not less than $100,000.00 per each accident, $100,000.00 by disease, and $500,000.00 aggregate by disease. B. Liability Insurance: The Contractor shall, during the term of thls Agreement, and any extensions hereof, maintain in full force and effect a commercial general liability insurance policy and automobile liability insurance policy, whch specifically covers all exposures incident to the Contractor's operations under thisAgreement. Such insurance shall be with a company acceptable to the City, and each policy shall be in an amount of not less than $1,000,000.00 Combined Single Limit for personal bodily injury, including death, and property damage liability, and the general liability shall include, but not be limited to, coverage for PremisesDperations, Products/Completed Operations, Contractual to support the Contractor's Agreement or indemnity and Fire Legal Liability. In addition to the above liability limits, the Contractor shall maintain a $5,000,000.00 umbrella andor excess liability coverage. Policy(ies) shall be endorsed to show the City, a municipal corporation in the State of Florida, as an additional insured as its interests may appear. Current certificates of insurance evidencing required coverage must be on file with the City at all times. The Contractor expressly understands and agrees that any insurance protection hshed by the Contractor shall in no way limit its responsibility to indemnify and save harmless the City under the provisions of Section 24 of hs Agreement. 24. IN:DEMNIFICATION: The Contractor will hold the City harmless from any and all liabilities, losses, or darnages the City may suffer as a result of claims, demands, costs, or judgments against the City arising out of the negligence, gross negligence, willful acts, and wrongful acts or omission of the Contractor or its employees, which said liabilities, losses, damages, claims, demands, costs, or judgments arise directly out of the matters which are the subject of this Agreement and the work to be performed thereby. The Contractor shall not be responsible for nor be required to indemnify or hold the City harmless for any act, omission, negligence, or other liability to the extent caused by the act or omission, in whole or in part, of the City or any one of its employees or agents. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, approve counsel obtained by the Contractor. The parties hereto acknowledge that the indemnification herein is supported by adequate consideration. 25. ACCESS AND AUDITS: The Contractor shall maintain within Palm Beach County adequate separate financial and operating records for the Service Area of the Solid Waste Collection andor Recycling Services dwing the Fiscal Year and for one (1) year following the end of each Fiscal Year during the term of this Agreement. The City or designee shall have the right to review all applicable records maintained by the Contractor upon twenty-four (24) hours' written notice. The Contractor shall provide the City an Audited Financial Statement, including, at a minimum, a Balance Sheet and an Income Statement representing the financial position and the results of operations, respectively, of the Contractor specifically for the Service Area. The report must include the opinion of a Florida Certified Pulblic Accountant, who has conducted an audit of the Contractor's books and records in accordance with generally-accepted accounting principles, whch include tests and other procedures necessary, that the Financial Statements are fairly presented, in all material aspects, in conformity with generally accepted accounting principles. The annual audit shall reflect, at the very least, information regarding the Statement of Income and Expenses in the format shown in Exhibit I1 and shall be delivered to the City within one hundred twenty (1 20) days of the twelve (12) month period ending the Contractor's Fiscal Year. 26. POINT OF CONTACT: All dealings, contacts, notices, and payments between the Contractor and the City shall be directed by the Contractor to the Contract Abstrator or designee. 26 27. NOTICE: Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410-4698 Attention: Contract Administrator Copy to: City Manager As to the Contractor: Waste Management, Inc. 651 Industrial Way Boynton Beach, Florida 33426 Attention: Rick Kania, District Manager Notices shall be effective when received at the address as specified above. Changes in the respective address to which such notice is to be directed may be made from time to time by written notice. Facsimile transmission is acceptable notice effective when received; however, facsimile transmissions received (i.e., printed) after 5:OO p.m or on weekends or holidays will be deemed received on the next business day. Additionally, the original of the notice must be mailed as required herein. 28. DEFAULT OF CONTRACT: A. The City may cancel this Agreement, except as otherwise provided below in th~s Section, by giving the Contractor thirty (30) days’ advance written notice, to be served as hereafter provided, upon the happening of any one of the following events, which will be deemed to be a material breach of contract: 1. The Contractor shall take the benefit of any present or hture insolvency statute, or shall . make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seelung an arrangement for its reorganization or the re-adjustment of its indebtedness under the Federal bankruptcy laws or under any other law or statute of the United States or any state thereof, or consent to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property; or 2. By order or decree of a Court, the Contractor shall be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholders of the Contractor, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law or statute of the United States or of any state thereof, provided that if any such judgment or order is stayed or vacated within sixty (60) days after the entry thereof, any notice of cancellation shall be and become null, void, and of no effect; unless such stayed judgment or order is reinstated, in which case said default shall be deemed immediate: or 27 3. By or pursuant to or under authority of any legislative act, resolution or rule, or any order or decree of any Court or governmental board, agency, or officer having jurisdiction, a receiver, trustee, or liquidator shall take possession or control of all or substantially all of the property of the Contractor, and such possession or control shall continue in effect for a period of sixty (60) days; or 4. The Contractor has defaulted, by failing or refusing to perform or observe the terms, conditions, or covenants in this Agreement or any of the rules and regulations promulgated by the City pursuant thereto, or has wrongfully failed or refbed to comply with the instructions of the Contract Administrator relative thereto, whether such default is considered minor or major, and said default is not cured within hty (30) days of receipt of written notice by the City to do so, or if by reason of the nature of such default, the same cannot be remedied withm thrty (30) days following receipt by the Contractor of written demand from the City to do so, the Contractor fails to commence the remedy of such default within said hty (30) days following such written notice or having so commenced shall fail thereafter to continue with diligence the curing thereof (with the Contractor having the burden of proof to demonstrate [a] that the default cannot be cured within hty [30] days, and [b] that it is proceeding with diligence to cure said default, and such default will be cured within a reasonable period of time). B. However, notwithstanding anythmg contained herein to the contrary, for the failure of the Contractor to provide collection service for a period of five (5) consecutive scheduled worlung days, the City may secure the Contractor's billing records (at the request of the City, the Contractor shall provide such records) on the sixth (69 working day in order to provide interim contract collection services until such time as the matter is resolved, and the Contractor is again able to perform pursuant to this Agreement; provided, however, if the Contractor is unable for any reason or cause to resume performance at the end of hty (30) working days, all liability of the City under this Agreement to the Contractor shall cease, and tlus Agreement may be deemed immediately terminated by the City. C. Notwithstanding the foregoing and as supplemental and additional means of termination of this Agreement under this Section, in the event that the Contractor's record of performance shows that the Contractor has frequently, regularly, or repetitively defaulted in the performance of any of the covenants and conditions required herein to be kept and performed by Contractor, in the opinion of the City and regardless of whether the Contractor has corrected each individual condition of default, the Contractor shall be deemed a "habitual violator", shall forfeit the right to any further notice or grace period to correct, and all of said defaults shall be considered cumulative and collectively shall constitute a condition of irredeemable default. The City shall thereupon issue the Contractor final warning citing the circumstances therefore, and any single default by the Contractor of whatever nature, subsequent to the occwence of the last of said cumulative defaults, shall be grounds for immediate termination of this Agreement. In the event of any such subsequent default, the City may terminate thls Agreement upon the giving of written Final Notice to the Contractor, such cancellation to be effective upon the fifteenth (153 consecutive calendar day following the date of Final Notice, and all contractual fees due hereunder, plus any and all charges and interest shall be payable to said date, and Contractor shall have no further rights hereunder. Immediately upon receipt of said Final Notice, the Contractor shall proceed to cease any further performance under tlus Agreement. D. In the event of any of the aforesaid events specified in paragraphs A, B, and C above and except as otherwise provided in said paragraphs, termination shall be effective upon the date specified in the City's written notice to the Contractor and upon said date this Agreement shall be deemed immediately terminated and upon such termination all liability of the City under this Agreement to the Contractor shall cease, and the City shall have the right to call and claim against the performance bond and shall be free to negotiate with other contractors for the operation of the herein specified services. The Contractor for failure to perform shall redurse the City all direct and indirect costs of providing interim collection service in addition to all other remedies the City may have against the Contractor. 28 29. PUBLIC WELFARE: The City shall have the power to make changes in or to impose new and reasonable rules and regulations, and terms and conditions on the Contractor under this Agreement relative to the method of collection and disposal of Garbage, Trash, Bulk Trash, Vegetative Waste, or Recyclable Materials as shall fiom time to time be necessary and desirable for the public welfare; provided, however, that any such rules or regulations, and terms and conditions shall be delivered to and receipted for by the Contractor, or if the Contractor is a corporation, by an officer thereof. The City shall give the Contractor reasonable notice of any proposed change and an opportunity to be heard concerning those matters. The method of collection and disposal of solid waste and recyclables set out herein shall also be liberally construed to include, but not limited to, the manner, procedures, operations, and obligations, financial or otherwise, of the Contractor. The Contractor shall be reasonably and appropriately compensated as determined by negotiation and Agreement between the City and the Contractor for any additional services or other obligations required of the Contractor due to any modification in the Agreement under hs Section. 30. RIGHT TO REQUIRE PERFORMANCE: The failure of the City at any time to require performance by the Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provisions hereof be taken or held to be waived of any succeeding breach of such provisions or as a waiver of any provisions itself. 31. TITLE TO WASTE: The City shall, at all times, hold title and ownership to all Residential Solid Waste, Vegetative Waste, Trash, Recyclable Material, and all other waste collected by the Contractor pursuant to this Agreement, and the Contractor shall have no right to take, keep, process, alter, remove or otherwise dispose of any such materials without specific written authorization from the Contract Adrmnistrator. The City shall, at all times, hold title and ownership to all Commercial Solid Waste, Vegetative Waste, Trash, Recyclable Material, and all other waste collected by the Contractor pursuant to this Agreement, except for the ownership rights provided for under Section 4.G.3 Ownership, and the Contractor shall have no right to take, keep, process, alter, remove, or otherwise dispose of any such materials without specific written authorization fiom the Contract Administrator. 32. GOVERNING LAW AND VENUE: This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County, and the Agreement will be interpreted according to the laws of Florida. This Agreement shall not be construed against the party who drafted the same, as all parties to this Agreement have hired legal and business experts to review the adequacy of the same. 33. COMPLIANCE WITH LAWS: The Contractor shall conduct operations under thls Agreement to comply with all applicable laws, rules, regulations, ordinances, and codes. 34. SEVERABILITY: The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed fiom the Agreement, and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties Mer agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of thls Section shall not prevent the entire Agreement fiom being void should a provision which is of the essence of the Agreement be determined to be void. 35. ASSIGNMENT AND SUBLETTING: The Contractors may be permitted to assign or sublet this Agreement, wirh prior City approval, which may be withheld, only for the provision of portable sanitation services for Community Services or Special Events as noted in Section 43 and for the collection of large piles or quantities of vegetation and trash requiring specialized equipment fitted with grappling devices. The subcontractor's equipment shall be equipped with signs on both sides identifjmg them as subcontractors to the Contractor. All liability for subcontractors shall be the responsibility of the Contractor. Otherwise, subcontractors will not be peimitted under the terms of this Agreement. No assignment of hs Agreement or any right occurring under this Agreement shall be made in whole or part by the Contractor without the express written consent of the City. The City shall have full discretion to approve or deny, with or without cause, any proposed assignment or 29 assignment by the Contractor. Any assignment of ths Agreement made by the Contractor without the express written consent of the City shall be null and void and shall be grounds for the City to declare a default of this Agreement and immediately terminate this Agreement by giving written notice to the Contractor, and upon the date of such notice, this Agreement shall be deemed immediately terminated, and upon such termination all liability of the City under this Agreement to the Contractor shall cease, and the City shall have the right to call the: performance bond and shall be free to negotiate with other contractors or any other person or company for the service of the Contract Service area which is the subject of this Agreement. In the event of any assignment, aszignee shall fully assume all the liabilities of the Contractor. It is also acknowledged that in the event of any assignment, the City would incur additional costs as a result of the transition to another contractor. The parties acknowledge that in that instance the Contractor agrees the City waluld be entitled to additional costs andor other damages incurred to mitigate potential tangible or intangible impacts incurred by the City during the transition period, as mutually agreed to between the parties. This Agreement is binding upon the parties hereto, their heirs, successors, and assigns. 36. MODIFICATION: This Agreement constitutes the entire contract and understanding between the parties hereto, and it shall not be considered modified, altered, changed, or mended in any respect unless in writing and signed by the parties hereto. Such modification shall be in the form of an amendment executed by both parties. 37. INDEPENDENCE OF AGREEMENT: It is understood and agreed that nothing herein contained is intended or should be construed as in any way establishing the relationship of co-partners between the parties hereto, or as constituting the Contractor as the agent, representative, or employee of the City for any purpose whatsoever. The Contractor is to be and shall remain an independent contractor with respect to all services performed under this Agreement. 38. ANNEXATIONS: Adjustments to Service Area boundaries and the rights of the parties to the Agreement due to municipal annexation or contraction will be as provided by Section 17 1.062, Florida Statutes, as amended, or its successor. 39. CHANGE OF LAW: The parties understand and agree that the Florida Legislature from time to time has maide comprehensive changes in Solid Waste Management legislation and that these and other changes in law in the future, whether federal, state, or local, which mandate certain actions or programs for counties or municipalities may require changes or modifications in some of the terms, conditions, or obligations under this Agreement. Nothing contained in th~s Agreement shall require any party to perform any act or hction contrary to law. To the extent that any law effective after the opening and awarding of bids for this Agreement is in conflict with, or requires changes in, the provisions of Collection Service or exclusive rights set out in this Agreement, the: parties agree to enter into good-faith negotiations for the resolution of any such changes in this Agreement as a result of change in law. 40. OTHER RATE ADJUSTMENTS: The City will strictly enforce all of the provisions of the Agreement, including penalty clauses, for any performance quality problems. The Contractor shall not be allowed rate increases on the basis that the Contractor bid too low or agreed to do the work for a lower bidder's price. Non- peirfo~mance of Agreement or a request for a rate increase, either of which are attributed to the Contractor accepting the Agreement award at an insufficiently low rate, shall result in cancellation of the Solid Waste and Recycling Collection Service Agreement between the City and the Contractor. This section shall not be interpreted to apply to annual rate adjustments intended to offset normal increases in the cost of doing business. 41. PUBLIC ENTITY CRIMES: No Contractor may be a person or affiliate identified on the Department of General Services "convicted vendor" list. This list is defined as consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public enltity crime. The Contractor is required to comply with Section 287.133, Florida Statutes, as amended, or its successor. 30 42. SUBSTANTIAL COMPLIANCE: The Contractor shall promptly collect all materials disposed of by the customer, provided the materials are prepared and placed within substantial compliance with the guidelines as set forth herein. The Contract Adrmnistrator shall determine any dispute as to the standards of substantial compliance. 43. COMMUNITY SERVICE: The Contractor shall provide Containers, placement and collection pull service each Fiscal Year, at no cost to the City and for all special City fimctions and sponsored events, including, but no1 limited to parades, art shows, carnivals, or other such special events, as deemed appropriate by the Contract Administrator. Such services shall include both large centralized containers and smaller decentralized containers for both solid waste and recyclable materials. 44. CONTRACT PREPARATION: Prior to the commencement of the term of this Agreement, the Contractor shll prepare for the collection services in the Service Area in a responsible manner, and at a minimum, shall adhere to the requirements as set out in Exhlbit VI. The Contractor shall also adhere to all aspects of its transition plan, as provided to the City by the Contractor, as revised, as necessary, by the City. In the event the Contractor fails to meet the deadlines of any one of the tasks outlined in Exhlbit VI or in the transition plan, the City has the right to fine and collect $10,000.00 for each task deadline or transition plan component missed. Appeal of any fines pursuant to this Section is provided elsewhere in this Agreement. The Contractor shall pay fines levied by the City within thirty (30) days of receipt of an invoice for the fines. Failure to meet the deadline of more than two (2) tasks may result in the City declaring a default of theagreement. Failure to meet the deadline of more than two (2) tasks may lead to the loss of the right to provide solid waste collection and recycling services pursuant to the Agreement for the Service Area. 45. FISCAL FUNDING: The terms of this Agreement as provided for herein shall remain unchanged provided that the City annually approves an appropriation for Solid Waste and Recycling Collection Services. 46. COMPETITIVE EQUALITY: Should the Contractor herein enter into an agreement with any other government jurisdiction located within a four (4) mile radius of the City that provides for a lower curbside residential rate, for the same service, the same rate shall be afforded to the City commencing on the first day of the month following execution of said agreement. lks space intentionally left blank 31 In Witness 'Whereof, The City of Palm Beach Gardens, at a regular meeting thereof, by action of the City Council authorizing and directing the foregoing be adopted, has caused these presents to be signed by the Mayor of the City, and the City's seal to be hereunto affixed, and , has executed this Agreement all as of the day and year first above written. City of Palm Beach Gardens Witness: 1. 2. By: City Mayor Approved at; to Form and Legal Sufficiency: ATTEST: By: City Attomiy City Clerk (Seal) Contractor: Attest: By: Corporate Secretary Signature Name: Title: (Seal) 32 33 I EXHIBIT I Vegetative (1 .OX/wk) I 1.35 Approved Contractor Rate Schedule Monthly Residential Rated (1 October through 30 September) * * * * I Recycling (1 .OWwk) I 1.57 * * I 1 Residential Container Collection (per unit) Services I FY2006 I FY2007 I FY2008 I FY2009 I FY2010 1 Solid Waste (2Wwk) I 3.97 I * Recycling (1 .OWwk) 1.57 I I 1 Subtoil ' 1 5.54 I Commercial Solid Waste and Recycling Collection Rates $5.09 kpaci:te (greater than 12cy) Note: (1 ) Container Residential customers requiring more than 1 .O collection of recycling containers per week will be charged 75% of the container recycling service rate per month per unit. The Contractor shall provide for a witten agreement with the customer for this additional service and shall invoice the customer separately in accordance with the signed agreement. (2) Commercial Solid Waste Collection Rate for commercial customers receiving Universal Container Collection Service shall be the same as the Residential Solid Waste Collection Rate above. (3) The Contractor shall provide containers and collection services for all City-owned, -rented, or -leased properties at no cost to the City. *(4) Annually, the above collection rates for the current fiscal year will be adjusted by 80% of the Consumer Price Index (CPI) for the West Palm Beach urban area as of 1 July to become effective 1 October of each year. (5) The technology fee shall be fixed during the term of the Agreement and shall not be subject to an annual CPI adjustment. (6) The City will determine the commercial disposal fee rates ($/cubic yard) each Fiscal Year based on the same calculation utilized by the Solid Waste Authority of Palm Beach County (Authority) tipping fee for I1 disposal as charged by the Authority. The calculation for non-compacted Garbage and Trash is 134 lbdcubic yard times the Authority’s tipping fee ($/ton) times 1 ton/2000 lbs = $/cy. Commercial non- compacted Vegetation is calculated at 275 Ibdcubic yard times the Authority’s tipping fee ($/ton) times 1 tonI2000 = $/cy. The compacted disposal rate for commercial solid waste or vegetative waste may be billed at either actual expense or three times the rate for non-compacted solid waste or vegetative rate, respectively. The Contractor shall include disposal charges on monthly invoices for commercial customers as a separate line item. Small compactors are to be invoiced at the cubic yard rate in the above table for collection plus disposal, and large compactors are to be invoiced the “pull” rate in the above table plus actual disposal, except for residential customers who are charged a unit rate and no disposal. (7) In the unllkely event the Authority charges a tipping fee for Recyclable Material, the Contract Administrator will determine the conversion factor and calculate the factor times the tipping fee for Recyclable Materials. The Contractor will be responsible for billing Commercial Recycling customers for the Recyclable Materials disposal fee. The space intentionally left blank I11 EXHIBIT I RATES DETERMINED BY THE CITY (NOT TO BE ADJUSTED DURING TERM OF AGREEMENT) I (N7 Disposal Charges) (not including “on-call”) Pick- I 3 times Applicable Commercial Rates r Commercial and Residential Containerized (No Disposal Charges for Residential) r Commercial and Residential Container (No disposal charges for Residential) * ** *** There will be no charge for those residents medically unable to bring solid waste, vegetative waste, or recyclable materials to curbside as delineated in Section 4. The first change is free to the customer. Determination of necessity of locking mechanisms is based on customer requirements. Note: Customer-requested maintenance on noncontractor-owned Containers shall be at cost plus 15% on pre-work authorization signed by the customer. IV EXHIBIT I1 Residential Solid Waste Disposal Credit Calculation Residential Vegetative Waste Disposal Credit Calculation Category (*) Generation factors estimated based on waste generation studies prepared by the Authority; in the event the actual disposal exceeds these estimates, the Contractor shall pay the excess disposal fees at no cost or liability to the City or the customer. The City accepts no responsibility or financial liability for waste generation rates or quantities produced by City residents during the term of this Agreement or any extension of the Agreement. V Exhibit I11 Annual Financial Reporting Format The Contractor shall submit to the City an audited comparative operating cost statement prepared in accordance with generally accepted accounting standards for each residential and commercial operation within the Service Area. The Contractor shall disclose all methods of allocation used to distribute costs recognized in the operating cost statement for the Service Area andor commercial and residential operations. The disclosure shall be in a narrative form and include the basis for the allocation method. The Contractor shall provide a description of the expenses classified as Other Operating Expense and Other General and Administration. The Contractor shall submit to the City any adjustments made during the annual audit that have an effect upon the previously-submitted monthly revenue statements for the twelve (12) months of the fiscal Year being audited. Any allocations made will need to be disclosed in a narrative format, along with the basis for those allocations. Additionally, it is understood that the Contractor shall utilize the accrual basis of accounting for income and expenses. Although the City reserves the right to au&t or review the information supplied, the Contractor is not required to provide an audit of the accompanying information. Attached is the required City format for financial statement reporting in accordance with this Agreement. VI EXHIBIT I11 Revenues: (list by type) Total Revenue (Contractor) Statement of Income and Expenses (Residential or Commercial) Service Area For (month, year) ended (month, year) $ $ Operating Expenses: Depreciation - Vehicles $ Disposal fees paid to the Authority $ Contract Service Fees paid to the City $ Fuel and Oil $ Labor and Fringe Benefits $ Other Operating $ Truck Maintenance - Labor $ Truck Maintenance - Parts $ Total Operating Expenses General and Administrative: Salaries and Wages $ Officers' Salaries $ Other General and Ahstrative $ Total General and Administrative Income before Provision for Income Taxes $ Provision for Income Taxes $ Net Incomt: $ "The Accompanying Notes are an Integral Part of this Statement" EXHIBIT IV PERFORMANCE BOND REQUIREMENT The Annual Performance Bond due to the City from the Contractor is calculated as: Net Annual Revenues (Gross Annual Revenues Minus Disposal Fees paid to the Solid Waste Authority) multiplied by fifty percent (50%) = Performance Bond Required. Sample Performance Bond Requirement Gross Revenue $1,800,000 Less Disposal Fees 500,000 Net Annual Revenue $1,300,000 Annual Performance Bond Requirement = Twenty-five Percent (25%) of Net Annual Revenue or $- whch shall be calculated annually in August by the Contractor and submitted to the City Contract Administrator by each year for the next fiscal year. VI11 EXHIBIT V QUARTERLY FINANCIAL REPORTING FORMAT The Contractor shall submit to the City withm forty-five (45) days of the end of each quarter a revenue statement prepared in accordance with generally accepted accounting principles individually for each residential and commercial operation within the Service Area. The Contractor shall disclose all methods of allocations used to distribute revenues between Service Area commercial and residential operations. The disclosure shall be in narrative form and include the basis for the allocation method. The required fonnat for Quarterly Financial Statement reporting in accordance with this Agreement is shown below. (Contractor) Statement of Revenues and Disposal Expenses (Residential or Commercial) Service Area For (month, year) ended (month, year) Revenues: (list by type - commercial and residential, including collection rates, container maintenance, special service rates, etc.) $ Total Revenue $ Disposal Expenses: Disposal fees paid to the Authority $ Net $ Contract Service Fees (Net * .OS) $ "The Accompanying Notes are an Integral Part of this Statement" IX Exhibit VI Automated Collection Preparation and Implementation Plan Requirements Task Start-up Plan & Schedule(s) 0 Order new equipment 0 Public Information Plan 0 Provide City confirmation of equipment delivery dates Universal Container Assembly and Distribution Plan & Schedule 0 Implementation Schedule by route Submit Container Residential and Commercial Container Begin curbside routing Submit curbside routing plans to the City for review & approval Train drivers on new equipment Drivers and supervisors run routes (new employees) Prepare and mail Disclosure notices to commercial customers w/ Mailer to all curbside customers on new collection schedule and Door hangers on all curbside customers’ doors on new collection Submittal of Special Service “Off Curb” signed Agreement to Develop and approve procedures required by this Agreement rehabilitation schedule (repair and paint) copies to the Contract Abnistrator set out requirements schedule and set out requirements Contract Administrator (City) Deadlines Minimum Start Date Maximum Completion Date January 2006 April 2006 May 2006 March 2006 May 2006 July 15,2006 June 1,2006 July 3 1,2006 June 2006 July 3 1,2006 June 15,2006 July 3 1,2006 May 2006 July 1,2006 June 1,2006 August 15,2006 July - Aug 2006 July 1,2006 August 15,2006 August 3 1,2006 Aug - Sept 2006 September 15,2006 August 15,2006 August 3 1,2006 September 1,2006 September 15,2006 August 3 1,2006 September 15,2006 June 2006 August 2006 (1) Contractor and Contract Administrator to agree on schedule of distribution X 8 d b I- L u? i, (2, 2 ro 2 i Z U 0 I PALM BEACH NEWSPAPERS, INC. The Palm Beach Post 2751 S. Dixie Hwy., West Palm Beach, FL 33405 &Is@ pbpost.com Phone: (561) 820-31 06 Fax: (561) 820-4340 FED ID # 58-1633719 Legal Advertising Invoice Account #: 441 188 Ad # 3730470 Description: Not: Ordinance 21,2005 Size: 7.5 Amount: $202.50 Published: July 15,2005 Advertising Deadlines Publish Monday Tuesday Wednesday Thursday Friday Saturday Sunday Deadline Friday 3PM Friday 3PM Monday 3PM Monday 3PM Wednesday 3PM Thursday 3PM Thursday 3PM City of Palm Beach Gardens Clty Clerk’s Office 10500 N. Military Trail Palm Beach Gardens, FL 33410 THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida I PROOF OF PUBLICATION 1 STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Scott Loa, who on oath says that he is Classified Advertising Manager of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising for a Notica in the matter of Ordinance 21.2005 was published in said newspaper in the issues of Jvly 15. 2005. Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that shehe has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of se#ring this advertisement I for publication in the said newspaper. Sworn to a& subscribed before 15" day of Julp, A.D. 2005 Personally known XX or Produced Identification Type of Identification Produced CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: August 4,2005 Meeting Date: August 18,2005 Resolution 116,2005 SUBJECT/AGENDA ITEM: Resolution 116,2005 - Amended Northlake Task Force Interlocal Agreement between Palm Beach Gardens, North Palm Beach, and Palm Beach County To Extend to 2010 [ X ] Recommendation to APPROVE 1 ] Recommendation to DENY Reviewed by: Finance Administrator: Allan Owens Growth Management Charles K. Wu, AICP Originating Dept: Project Charles K. Wu Growth Management: -ger [ ] Quasi-Judicial [ ] Legislative [ ] PuMicHearing ~~ Advertised NA Date: Paper: [XI Not Required _- FINANCE: NA Costs: $~lO,oOo~ Total $-$lO,OOo- Current FY Funding Source: [ loperating [XI other: Professional SeMces Budget Ad: 01 -1420-5 15.3 150 City Council Action: [ ]Approved [ ] App. wl conchtiom [ [ ] Continuedto: Attachments: 0 Res. 1 16,2005 - 0 current Interlocal 0 Phasing for Northlake Amended Agreement Agreement Streetscape Plan Date Prepared: August 4,2005 Meeting Date: August 18,2005 Resolution 1 16,2005 BACKGROUND The original agreement was approved in August of 1997. It was extended three times and is expected to expire on September 30,2005. The original scope of that agreement, the adoption of the Overlay Zone and a Streetscape Plan, has been completed. As a result, a further amendment to the agreement is necessary to further the Task Force’s work of implementing the Streetscape Plan. Both Phases I and I1 have been fully funded, and Phase IV, the next phase located between Congress Avenue and Sandtree Drive, is scheduled to seek grant funding. On July 18,2005, the Northlake Boulevard Task Force voted to recommend extending the Interlocal Agreement between the City, North Palm Beach, and Palm Beach County for a five-year period, from September 30, 2005, to September 30, 2010. At its meeting of August 4, 2005, the City Council directed staff to bring forward the Interlocal Agreement authorizing the extension. The Village of North Palm Beach approved the extension on August 4,2005. As suggested by staff, the Amendment to the Agreement also now includes a clause for withdrawal with a 30-day notice provision. STAFF RECOMMENDATION The County and North Palm Beach have agreed with the proposed amendments to the interlocal agreement. Staff recommends approval. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 116,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH, PALM BEACH COUNTY, AND THE CITY OF PALM BEACH GARDENS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 2, 1997, the Village of North Palm Beach, the Town of Lake Park, Palm Beach County, and the City of Palm Beach Gardens entered into an Interlocal Agreement to create the Northlake Boulevard Task Force; and WHEREAS, since the original scope of the agreement, the adoption of the Overlay Zone and a Streetscape Plan, has been completed, an amended agreement is necessary to further the work of the Task Force; and WHEREAS, the agreement was last amended effective on February 26, 2004 (the Amended Agreement); and WHEREAS, City Council has recommended that the Amended Agreement be further amended to extend the term by five years to 2010 and to allow any party to withdraw from the Amended Agreement with thirty (30) days’ notice ; and WHEREAS, the Growth Management Department has recommended approval of the further amendments to the Amended Agreement; and WHEREAS, such Amendment to the Amended Agreement has been prepared and is attached hereto; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby accepts and approves the Amendment to the Amended and Restated Interlocal Agreement between the Village of North Palm Beach, Palm Beach County, and the City of Palm Beach Gardens, and hereby authorizes the Mayor and City Clerk to execute the Agreement. Date Prepared: August 5, 2005 Date Prepared: August 5, 2005 Resolution 116,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SECTION 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER LEVY COUNCILMEMBER VALECHE --- --- --- --- COUNCILMEMBER BARNETT --- d G:\attorney-share\RESOLUTlONS\northlake task force interlocal agmt - reso 11 6 2005.doc 2 AMENDMENT TO AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH, CITY OF PALM BEACH GARDENS AND PALM BEACH COUNTY EXTENDING THE TERM OF THE AGREEMENT THIS AMENDMENT TO AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH, CITY OF PALM BEACH GARDENS AND PALM BEACH COUNTY is made and being entered into by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408 (hereinafter “NORTH PALM”), the CITY OF PALM BEACH GARDENS, 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0 (hereinafter “GARDENS”), and PALM BEACH COUNTY, 301 North Olive Avenue, West Palm Beach, Florida 33401 (hereinafter “COUNTY”). WHEREAS, NORTH PALM, GARDENS, COUNTY and the TOWN OF LAKE PARK previously entered into an interlocal agreement establishing the Northlake Boulevard Task Force (hereinafter referred to as “Task Force”) on September 2, 1997 (R-97-1156), said agreement hereinafter referred to as the “Interlocal Agreement”; and WHEREAS, said Interlocal Agreement was subsequently amended by First Amendment to Interlocal Agreement which was effective on August 20, 1998 (R-98- 1378D) and by Second Amendment to Interlocal Agreement which was effective on August 22, 2000 (R-2000-1182); and Amended and Restated Interlocal Agreement was effective on February 26, 2004 (R2004-0394) (hereinafter referred to as “Amended Ag ree m en t ’I) ; and 1 WHEREAS, the Amended Agreement provided in Section 6 that the agreement would continue through September 30, 2005, but may be extended by written instrument of the parties; and WHEREAS, the parties to the Amended Agreement desire to extend the term of the agreement; and WHEREAS, the parties wish to clarify their intent to allow for unilateral withdrawal from this Amended Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, NORTH PALM, the GARDENS, and the COUNTY hereby adopt this amendment to the Amended Agreement as follows: Section I. The term of Amended Agreement shall continue through September 30,2010. Section 2. Any party may withdraw from this Amended Agreement upon thirty days’ written notice to the other parties, thereby relieving the withdrawing party of all obligations and benefits arising out of this Amended Agreement. This AMENDMENT TO AMENDED AGREEMENT shall become effective upon a Resolution being enacted by NORTH PALM and GARDENS, each authorizing its respective Mayor and Clerk to execute this AGREEMENT, and upon approval by the Board of County Commissioners of COUNTY. 2 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed this day of , 2005. ATTEST: CITY OF PALM BEACH GARDENS By: By: Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor APPROVED AS TO FORM AND LEGAL SU FFl Cl ENCY By: Christine P. Tatum, City Attorney ATTEST: VILLAGE OF NORTH PALM BEACH By: By: Village Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Village Attorney ATTEST: PALM BEACH COUNTY, FLORIDA By: By: Clerk Tony Masilotti, Chairman APPROVED AS TO FORM AND LEGAL SU FFl Cl ENCY By: County Attorney G:\WPDATA\lANDUSE\RBANKS\zoning\NBTF.AGMT.est. 1 .doc 3 WHEREAS, the Amended Agreement provided in Section 6 that the agreement would continue through September 30, 2005, but may be extended by written instrument of the parties; and WHEREAS, the parties to the Amended Agreement desire to extend the term of the agreement; and WHEREAS, the parties wish to clarify their intent to allow for unilateral withdrawal from this Amended Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, NORTH PALM, the GARDENS, and the COUNTY hereby adopt this amendment to the Amended Agreement as follows: Section 1. The term of Amended Agreement shall continue through ,200-. Section 2. Any party may withdraw from this Amended Agreement upon thirty days’ written notice to the other parties, thereby relieving the withdrawing party of all obligations and benefits arising out of this Amended Agreement. This AMENDMENT TO AMENDED AGREEMENT shall become effective upon a Resolution being enacted by NORTH PALM and GARDENS, each authorizing its respective Mayor and Clerk to execute this AGREEMENT, and upon approval by the Board of County Commissioners of COUNTY. 2 m26 Rd&n d.Gd Fokuwy 3,2004 AMENDED AND RFST ATED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE of NORTH PALM BEACH. CITY OF PALM BEACH GARDENS, AN0 PALM BEACH COUNTY MIS AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH, CITY OF PALM BEACH GARDENS, AND PALM BEACH COUNTY (hereinafter referrred to as 'AGREEMENT) is made and entered into by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408 (hereinafter "NORTH PALM"), the CITY OF PALM BEACH GARDENS, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 (hereinafter "GARDENS"), and PALM BEACH COUNTY, 301 North Oli Avenue, West Palm Beach, Florida 33401 (hereinafter 'COUNTY"). WHEREAS, NORTH PALM, the GARDENS, the COUNTY, and the TOWN OF LAKE PARK previously entered into an interlocal agreement establishing the Northlake Boulevard Task Force (hereinafter referted to as "Task Force") on September 2, 1997 (R-97-1156). said agreement hereinafter referred to as the 'Interlocal Agreement"; and WHEREAS, said Interlocal Agreement was subsequently amended by First Amendment to Interlocal Agreement, Mi was effective on August 20.1998 (R-98-1378D) and by Second Amendment to Interlocal Agreement, which was effective on August 22,2000(R-2000-1182); and WHEREAS, Chapter 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969". authorizes local government units to enter into agreements to cooperate with other localities to best sew8 the needs of the local communities: and I WHEREAS, the Task Force has, in accordance with the Interlocal Agreement, facilitated the development of the Northlake Conidor Streetscape Plan and the Northlake Corridor Overlay Zoning District regulations; and I WHEREAS, NORTH PALM. the GARDENS, and the COUNTY have adopted the Northlake Conidor Streetscape Plan hereinafter referred to as the "Plan," and have adopted the Northlake Boulevard Overlay District regulations; and WHEREAS, the Task Force has received a Metropolitan Planning Organization grant for the completion of Phase I of the Plan; and WHEREAS, the TOWN OF LAKE PARK has passed a Resolution withdrawing from the Northlake Boulevard Corridor Task Force. NOW, THEREFORE, in consideration of the mutual covenants. promises, and representations contained herein, NORTH PALM, the GARDENS, and the COUNTY hereby adopt the AGREEMENT as follows: Section 1. REPRESENTATIONS. The facts, statements, and recitals heretofore set forth are true and correct and are hereby incorporated in this AGREEMENT by this reference. Section 2. The Task Force shall consist of six (6) representatives, with NORTH PALM, the GARDENS, and the COUNTY (hereinafter each a 'Participanr and jointly "Participants') each appointing two (2) regular representatives to the Task Force, at least one of whom must be an elected official of the appointing Participant. Each Participant shall also APPOINTMENT OF TASK FORCE REPRESENTATIVES. appoint two (2) alternate representatives. Each Participant shall appoint representatives and alternates following the same formal procedure the Participant uses for board or commission appointments. 2 Section 3. QUORUM AND VOTING OF TASK FORCE REPRESENTATIVES. A quorum of the Task Force shall be necessary for it to conduct any business and shall consist of at least one (1) representative (regular or alternate) from each Participant and a total of at least four (4) representatives present. Each regular representative shall have one (1) vote. An alternate representative shall sit on behalf of the appointing Participant and have a vote when one (1) of the regular repmsentatives of such Participant is absent. A majority of those present shall be required to pass a motion, except that any recommended plan must be approved by a majority. which includes at least one (I) representative from two (2) of the Participants. Sedion 4. A. AUTHORITY OF TASK FORCE REPRESENTATIVES. NORTH PALM, the GARDENS, and the COUNTY each authorizes its respective representatives to participate in the Task Force and to take such actions as may be necessary to implement the Plan adopted by the governing bodies of the Participants, and to review and propose amendments to the Plan as deemed necessary by the Task Force. B. To this end. Task Force representatives are authorized to meet as necessary and to contract for such professional assistance as they deem necessary to facilitate the completion of their task within the limits of the funding provided herein. In each instance where it becomes necessary to retain professional assistance, the Task Force first shall seek such professional assistance from staff employed or consultants retained by the Participants before deciding to retain 'outside" staff or consultants. Costs for such professional assistance shall be bome equally by the Participants. 3 . The Task Force shall submit a proposed budget no later than May 1' of each year for each governing body's consideration to fund activities for the ensuing fecal year. The Task Force agrees that the adopted Plan will be implemented in various phases, and that the timing of the completion of individual phases shall be accomplished in the following initial sequence: Phase 1, Phase 2, and Phase 4. The Participants further agree that nothing in this AGREEMENT shall preclude any individual Participant from constructing or causing to be constructed any portion of the median beautification project at any time, as long as the installation is constructed in accordance with the adopted Pian. No later than July 1.2004, the Task Force shall propose a maintenance C. funding plan for consideration and approval by each Participant for FY 2004/2005. Section 5. FINANCIAL OBLIGATIONS. A. Each member hereby pledges its support to the implementation of the adopted Plan and the constnrdion of the beautification improvements. B. To the extent permitted by law, and subject to the annual appropriation of funding by each member, the Participants intend to contribute an equal share to secure implementation and completion of all phases ofthe Plan within ten (10) years from the date of this AGREEMENT or upon completson of all phases of the Plan, whichever occurs first. In-kind services, as approved by the Task Force, may be substiiuted for monetary contributions. Section 6. TERM OF AGREEMENT. This Agmment shall continue through September 30,2005. but may be extended by written instrument of the parties. 4 , Section 7. A. GENERAL TERMS AND CONDITIONS. This AGREEMENT sets forth all the rights, responsibilities, and obligations of the members to each other, represents the entire understanding of the members. and supersedes all other negotiations, representations. or agtwments, whether written or oral, relating to the subject matter of this AGREEMENT. This AGREEMENT cannot be changed, altered. amended. or modified except by written instrument signed by the duly authorized representatives of the parties, adopted and approved by all parties in the same manner as this AGREEMENT. B. The headings given to the sections herein are inserted only for convenience and are no way to be construed as part of this AGREEMENT or as a limitation of the scope of the particular section to which the heading refers. C. This AGREEMENT is authorized by Section 163.01, Florida Statutes, being a joint exercise of power shared in common which any municipality could exercise separately. This AGREEMENT shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida upon execution by all of the members. D. Nothing stated in this AGREEMENT shall be construed to give any riihts or benefits of any member to this AGREEMENT to anyone other than the abovelisted members. and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for the sole and the exdusive benefit of the members and not for the benefit of any other. E. F. This AGREEMENT may not be assigned by any member. This document can be signed in counterparts. I . G. All of the terms and provisions of this AGREEMENT shall be binding upon, inure to the benefit of, and be enforceable by the Participants and their legal mpmentatiies, successors, and assigns. H. If any part of this AGREEMENT is mtrary to, prohibited by, or deemed invalid under any applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect, so far as possible. Any portion of the Interlocal Agreement not contained in this AGREEMENT is 1. hereby repealed. J. All adions taken by the Task Force pursuant to the Interlocal Agreement and amendments thereto nmain in full force and effect. K. The adoption of this AGREEMENT does not affect the status of representatives of each of the Participants currently appointed to the Task Force. L. This AGREEMENT shall become effective upon a Resolution being enacted by NORTH PALM and the GARDENS, each authorizing its respective Mayor and Clerk to execute this AGREEMENT, and upon approval by the Board of County Commissioners of the COUNTY. (The remainder of this page left intentionally blank) 6 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executedthisP dayof WW ,2004. e'- :-* < : . .ATTEST: >' APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO FORM AND LEOAhSUFFlClENCY ,. 7 . , I. ,- . . R2004 0394 . _- APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney 8 Winchester Courts Home Owner’s Association Road Committee 1 1564 Winchester Drive Palm Beach Gardens, FL 33410 Phone: 622-4839 August 2,2005 05-05-05!310:46 RCVD To: Hal Valeche, City Commissioner RE: Kyoto Gardens Drive Road and Bridge Dear Hal, To follow is the consensus of opinion developed by the road committee in refma to the Kyoto Gardm Drive and bridge: 1) We have selected the bridge to have: a) No lights or glow of lights b) Lion’s heads every 30 feet with wxtter spraying from each c) Archway to the water with a stone king d) Ivy on the 8 foot high wall for the full lcngfh of the bridge e) Trellises on every column with bougainvillea the full length of the bridge a) Ten foot high wall b) Oak trees - @ 22 foot to 25 foot high, planted to cover the wall on the Wmchestcr side c) Landscaping not designed yet a) First 250 feet East of the bridge 1) 8foothighwall 2) Ivy on complete length of wall 3) No roadway lights in this artxi 1) 100 fat buffer of dense planting from lake edge to road 2) Lake access only at West end a) First five buildings hm Military Trail, along the lake - total 20 Units a) Pass an ordinance ofthis speed- and not to be raised without the express wishes of Winchester Courts and Garden Woods 2) A wall hm the West of the bridge,extanding to Military Trail 3) Roadway on East si& of the bridge b) Next approximately 750 feet 4) Install sound proof windows and sliding doom 5) Noise study was done at a road speed of 35 mph 6) The three large spraying fountains in the lake to be installed Thank you for your attention to the above end we look forward to hearing hm you in the Very INXU f&m. Siincerely, The Winchester Courts Road Committee cc: RonFarris Charles wu Winchester Courts Home Owner’s Association P I City of Palm Beach Gardens Council Workshop and Regular Meeting Agenda August 18,2005 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 334 10 Mayor Russo Vice Mayor Jablin Council Member Levy Council Member Valeche Council Member Barnett I. 11. 111. CITY OF PALM BEACH GARDENS COUNCIL WORKSHOP AND REGULAR MEETING AGENDA August 18,2005 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL WORKSHOP PUBLIC HEARINGS: Part I - Quasi-iudicial a. [Staff Report on Page 7, Ordinance on Page 139, Resolution on Page 144) Ordinance 18, 2005 - Approval of an amendment to the Christ Fellowship North Campus Planned Unit Development (PUD). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a parcel of land consisting of approximately 20 acres, located on the North side of Northlake Boulevard approximately one mile West of Military Trail, as more particularly described herein, from Residential Low Density-3 (RL3) to a Planned Unit Development (PUD) overlay with an underlying zoning designation of Residential Low Density-3 (RL3), to be included in the Christ Fellowship North Campus Planned Unit Development (PUD); amending Ordinance 20, 1997 and Ordinance 23, 1999 relating to the zoning for the Christ Fellowship North Campus Planned Unit Development (PUD) to transfer the site plan approval and related conditions to Resolution 83, 2005; amending the zoning district map; and providing an effective date. Resolution 83,2005 is a companion item to Ordinance 18,2005 and will require Council action on second reading Resolution 83, 2005 - Approval of a master development plan for the Christ Fellowship North Campus PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Christ Fellowship North campus Planned Unit Development (PUD), located on the North side of Northlake Boulevard approximately one mile West of Military Trail, as more particularly described herein, to incorporate an additional 20 acres and to allow the development of a 159,180-square-foot expansion to the North Campus; granting conditional use approval for the expanded Chst Fellowship Campus; amending certain conditions of approval for the North Campus; providing for waivers; providing for conditions of approval; and providing an effective date. b. [Staff Report on Page 7, Ordinance on Page 158, Resolution on Page 163) Ordinance 19,2005 - Approval of an amendment to the Conditional Use approval for the Christ Fellowship South Campus. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 30, 1990, Ordinance 34, 1999, and Ordinance 5 1, 1999 relating to the zoning for the Christ Fellowship South Campus to transfer the conditional use approval and related conditions to Resolution 84, 2005; and providing an effective date. Resolution 84,2005 is a companion item to Ordinance 19,2005 and will require Council action on second reading Resolution 84,2005 - Approval of an amendment to the Site Plan approval for the Christ Fellowship South Campus. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Christ Fellowship South Campus conditional use and site plan approval, located on the South side of Northlake Boulevard approximately one mile West of Military Trail, as more particularly described herein, to allow for the deletion of a condition of approval; and providing an effective date. ADDITIONS, DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: ITEMS OF RESIDENT INTEREST: CITY MANAGER REPORT: a. Department Presentation: Information Technology - Eden Systems Software. b. /Page 172) Presentation by Growth Management Administrator Charles Wu on his trip to Nagapattinam, India, as part of the City Links Partnership Program, on post-tsunami reconstruction. VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) IX. CONSENT AGENDA: n a. {Page meeting. 174) Approve Minutes from the July 20, 2005 special City Council b. {Page meeting. 179) Approve Minutes from the July 21, 2005 regular City Council C. {Staff Report on Page 185, Resolution on Page 187) Resolution 109, 2005 - Approve an Interlocal Agreement with Solid Waste Authority of Palm Beach County. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Interlocal Agreement with Solid Waste Authority of Palm Beach County to establish responsibilities related to disaster debris; and providing an effective date. d. (Staff Report on Page 202, Resolution on Page 204) Resolution 11 1, 2005 - Establishing a Policy providing for Disaster Recovery Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida establishing a policy authorizing the City Manager to provide for disaster recovery services and debris removal for all residents of the City of Palm Beach Gardens, including those within gated and/or private communities within the city limits; and providing an effective date. e. {Staff Report on Page 206, Resolution on Page 215) Resolution 112, 2005 - Urging passage of the “Disaster Recover Act of 2005” A Resolution of the City Council of the City of Palm Beach Gardens, Florida supporting efforts of the Florida Congressional Delegation to ensure reimbursement from the 2004 hurricanes; urging passage of the “Disaster Recovery Act of 2005” to improve disaster recovery efforts of the Federal Emergency Management Agency by expediting reimbursements, authorizing reimbursement for clearing and debris removal on all emergency access roads, and making debris removal from private land eligible for federal assistance; and providing an effective date. f. {Page 2 18) Proclamation - Florida Water, Wastewater, and Systems Operators Week. X. PUBLIC HEARINGS: Part I - Quasi-iudicial a. [Staff Report on Page 219, Resolution on Page 222) Resolution 107, 2005 - Agreement between the City, PGA National DRI master developer, and DCA. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an essentially built-out agreement between the City of Palm Beach Gardens, PGA National Venture, LLLP, and the Florida Department of Community Affairs for the PGA National Development of Regional Impact; and providing an effective date. q:a\ b. {Staff Report on Page 245, Ordinance on Page 275, Resolution on Page 278) Ordinance 28 2005 - (lst reading) Amendment to the William T. Dwyer High School Planned Unit Development. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 10, 1989 relating to the zoning of the William T. Dwyer High School Planned Unit Development (PUD), located on the West side of Military Trail. Approximately one quarter (1/4) mile South of Donald Ross Road, as more particularly described herein, to transfer the site plan approval and related conditions to Resolution 110, 2005; and providing an effective date. fr- Resolution 110,2005 is a companion item to Ordinance 28,2005 and will require Council action on second reading. Resolution 110, 2005 - Amendment to the William T. Dwyer High School Planned Unit Development. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the William T. Dwyer High School Planned Unit Development (PUD), located on the West side of Military Trail. Approximately one quarter (1/4) mile South of Donald Ross Road, as more particularly described herein, to allow the construction of a 49,138-square-foot, two-story building within the existing High School campus; granting conditional use approval for the entire campus; providing for conditions of approval; and providing an effective date. Part I1 - Non-Quasi-judicial a. (Staff Report on Page 284, Ordinance on Pape 286) Ordinance 21, 2005 - (2nd reading and adoption) Approval of a five-year renewal to an agreement with Waste Management, Inc. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida extending the Solid Waste, Recycling, and Vegetative Waste Collection Services Franchise by approving a five-year renewal to the agreement with Waste Management, Inc.; authorizing the Mayor and City Clerk to execute said agreement; and providing an effective date. f dLCm XI. RESOLUTIONS: q:sz a. (Staff Report on Page 344, Resolution on Pape 346) Resolution 116, 2005 - Amended Northlake Task Force Interlocal Agreement To Extend to 2010. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amended and restated Interlocal Agreement between the Village of North Palm Beach, Palm Beach County, and the City of Palm beach Gardens; and providing an effective date. 9* XI1. ORDINANCES: (For Consideration on First Reading) ?:.n gldo /ay,40a5- * wrnm WIM/ 5-0 XII1. ITEMS FOR COUNCIL ACTION/DISCUSSION: /Page 361) Discussion of the letter sent to Councilman Valeche by the Winchester Courts Home Owner’s Association Road Committee dated August 2, 2005. The letter lists the consensus of opinion developed by the Road Committee as to the improvements they would like the City to make to Kyoto Gardens Drive. 9;5-7 a* XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interestedpersons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. City of Palm Beach Gardens Council Workshop and Regular Meeting Agenda August 18,2005 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Levy Council Member Valeche Council Member Barnett I. 4 11. n1. CITY OF PALM BEACH GARDENS COUNCIL WORKSHOP AND REGULAR MEETING AGENDA August 18,2005 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL WORKSHOP PUBLIC HEARINGS: Part I - Quasi-iudicial a. {Staff ReDort on Pape 7, Ordinance on Page 139, Resolution on Pape 144) Ordbnce 18,2005 - Approval of an amendment to the Christ Fellowship North Campus Planned Unit Development (PUD). An Ordinance of the City Council of tlrmr City of Palm Beach Gardens, Florida rezoning a parcel of land consisting of approximately 20 acm, located on the North side of Northlake Boukvard approximately one mile West of Military Trail, as more particularly described herein, fiom Residential Low Density-3 m3) to a Planned Unit Development (PUD) overlay with an underlying zoning designation of Residents Low Density-3 (RL3), to be included in the Christ Fellowship North Campus Planned Unit Development (PUD); amending Ordinance 20,1997 and Ordinance 23,1999 relating to the zoning for the Christ Fellowship North Campus Planned Unit Development (PUD) to transfbr the site plan approval and related conditions to Resolution 83, 2005; amending the zoning district map; and providing an effective date. Resolution 83,2005 is a companion item to Ordinance 18,2005 and will require Council action on second reading IV. ' v. VI. JvrI. / VIII. Resolution 83, 2005 - Approval of a master development plan for the Christ Fellowship North Campus PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Christ Fellowship North campus Planned Unit Development (PUD), located on the North side of Northlake Boulevard approximately one mile West of Military Trail, as more particularly described herein, to incorporate an additional 20 acres and to allow the development of a 159,180-square-foot expansion to the North Campus; granting conditional use approval for the expanded Christ Fellowship Campus; amending certain conditions of approval for the North Campus; providing for waivers; providing for conditions of approval; and providing an effective date. 4. JStaff Reoort on Pape 7, Ordinance on Pape 158, Resolution on Pape 163) Ordinance 19,2005 - Approval of an amendment to the Conditional Use approval for the Christ Fellowship South Campus. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 30, 1990, Ordinance 34, 1999, and Ordinanue 51, 1999 relating to the zoning for the Christ Fellowship South Campus to tram& the conditional use approval and related conditions to Resolution 84,2005; and providing an effective date. Resolution 84,2005 is a companion item to Ordinance 19,2005 and will require Council action on second reading Resolution 84,2005 - Approval of an amendment to the Site Plan approval for the Christ Fellowship South Campus. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Christ Fellowship South Campus conditional use and site plan approval, located on the South side of Northlake Boulevard approximately one mile West of Military Trail, as more particularly described herein, to allow for the deletion of a condition of approval; and providing an effective date. ADDITIONS, DELETIONS. MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: ITEMS OF RESIDENT INTEREST: CITY MANAGER REPORT: a. b. Department Presentation: Information Technology - Eden Systems Software. {Page 172) Presentation by Growth Management Administrator Charles Wu on his trip to Nagapattinam, India, as part of the City Links Partnership Program, on post-tsunami reconstruction. COMMENTS FROM THE PUBLIC: (For Items Not on the Apenda, alease submit reauest form to the City Clerk Drior to this Item) J IX. CONSENT AGENDA: JPape meeting. 174) Approve Minutes from the July 20, 2005 special City Council P& a. (‘0 b. fPaPe meeting. 179) Approve Minutes from the July 21, 2005 regular City Council C. /Staff Report on Pape 185, Resoltitioil 011 PaPe 187) Resolution 109, 2005 - Approve an Interlocal Agreement with Solid Waste Authority of Palm Beach County. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Interlocal Agreement with Solid Waste Authority of Palm Beach County to establish responsibilities related to disaster debris; and providing an effective date. d. lStaff Report on Page 202, Resolution on Page 204) Resolution 111, 2005 - Establishing a Policy providing for Disaster Recovery Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida establishing a policy authorizing the City Manager to provide for disaster recovery services and debris removal for all residents of the City of Palm Beach Gardens, including those within gated and/or private communities within the city limits; and providing an effective date. e. (Staff ReDort on Page 206, Resolution on Page 215) Resolution 112, 2005 - Urging passage of the “Disaster Recover Act of 2005” A Resolution of the City Council of the City of Palm Beach Gardens, Florida supporting efforts of the Florida Congressional Delegation to ensure reimbursement fiom the 2004 hurricanes; urging passage of the “Disaster Recovery Act of 2005” to improve disaster recovery efforts of the Federal Emergency Management Agency by expediting reimbursements, authorizing reimbursement for clearing and debris removal on all emergency access roads, and making debris removal from private land eligible for federal assistance; and providing an effective date. f /Pape 218) Proclamation - Florida Water, Wastewater, and Systems Operators Week. X PUBLIC HEARINGS: Part I - Ouasi-iudicial a. /Staff Report on Pape 219, Resolution on Pape 222) Resolution 107,2005 - Agreement between the City, PGA National DIU master developer, and DCA. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an essentially buiit-out agreement between the City of Palm Beach Gardens, PGA National Venture, LLLP, and the Florida Department of Community Affairs for the PGA National Development of Regional Impact; and providing an effective date. pad 5--0 b. (Staff Report on Pape 245, Ordinance on Pape 275, Resolution on PaPe 278) Ordinance 28 2005 - (1" reading) Amendment to the William T. Dwyer High School Planned Unit Development. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 10, 1989 relating to the zoning of the William T. Dwyer High School Planned Unit Development (PUD), located on the West side of Military Trail. Approximately one quarter (1/4) mile South of Donald Ross Road, as more particularly described herein, to transkr the site pran approval and related conditions to Resolution 110,2005; and providing an e&ctive date. P+ 9-0 Resolution 110,2005 is a companion item to Ordinance 28,2005 and will require Council action on second reading. Resolution 110, 2005 - Amendment to the William T. Dwyer High School Planned Unit Development. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the William T. Dwyer High School Planned Unit Development (PUD), located on the West side of Military Trail. Approximately one quarter (1/4) mile South of Donald Ross Road, as more particularly described herein, to allow the construction of a 49,138-square-foot, two-story building within the existing High School campus; granting conditional use approval for the entire campus; providing for conditions of approval; and providing an effective date. Part I1 - Non-Ouasi-iudicial a. /Staff ReDort on Page 284, Ordinance on Page 286) Ordinance 21, 2005 - (2nd reading and adoption) Approval of a five-year renewal to an agreement with Waste Management, Inc. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida extending the Solid Waste, Recycling, and Vegetative Waste Collection Services Franchise by approving a five-year renewal to the agreement with Waste Management, Inc.; authorizing the Mayor and City Clerk to execute said agreement; and providing an effective date. /XI. RESOLUTIONS: a. LStaff Report on Page 344, Resolution OR Pape 346) Resolution 116, 2005 - Amended Northlake Task Force Interlocal Agreement To Extend to 2010. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amended and restated Interlocal Agreement between the Village of North Palm Beach, Palm Beach County, and the City of Palm beach Gardens; and providing an effective date. QaafeQ 5-4 bd'*<. ~~~.~c- wid dwrc fiJ*r cmvd ~s-0 c, -0 4 Y ,hoc- P,&, a. cw- ~cni~cc 4 XI1. ORDINANCES: (For Consideration on First Reading) JXnl. ITEMS FOR COUNCIL ACTIONlDISCUSSION: a. /Pape 361) Discussion of the letter sent to Councilman Valeche by the Winchester Courts Home Owner’s Association Road Committee dated August 2, 2005. The letter lists the consensus of opinion developed by the Road Committee as to the improvements they would like the City to make to Kyoto Gardens Drive. JXIV. CITY ATTORNEY REPORT: UXV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any deciswn made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerkprior to the presentation to the Council. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: J& LA~Q’~., Address: 43-76 @ f4%?LaL City: i>RLi Subject: /_A) ip/QffMc& - Cfi 1% /+I LtRt fi7jLc 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: ,/; )&’ G;, A;&/ .3 Address: kj-6-y /& 5,.d/4-l+z+ 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: *t3soN +llcP@Jficj Address: 19% mmR~ w City: dwm,wm~ *Tr Subject : QC7-u~- mfw we puww w- NWdWU PWM @3%4i IM?rnEW@ ttaq-. 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print e.4 , /. Name: Ovlnd 3 i-m c- i- <-- f Address: c(. i&q--&--\ I,$ \-LA @>(\ s City: Subject: 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. COMMENTS FROM THE PUBLIC Request to Address City Council Subject: 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: S\-\PUhl -fAC&S k) Address: 3\Y CAPIFLJA SL IC 14 CrI.tQT: rd> city: ?AC jl7 cx t ‘7 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print 1 --? J”Jt:Y /Q\ Name: c3 3iLh 5d i dA2d C7C i city: ?LL i 1) 3 Z+ c I, (2 ,J,d t- /Lj fl (’ Address: 42~ Subject: I 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. COMMENTS FROM THE PUBLIC Request to Address City Council / Please Prin ~~ ~ 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Subject : c. F Members of the public may address the City Council during the LcComments 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: Y 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Address: 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. COMMENTS FROM THE PUBLIC Request to Address City Council \ I 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. LAW OFFICES THOMAS J. BAIRD, P.A. 11891 U.S. HIGHWAY ONE, SUITE 100 NORTH PALM BEACH, FL 33408 THOMAS J. BAlRD Board Certified City, County & Local Government Law VIA FACSIMILE The Honorable Joseph Russo, Mayor City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Re: Christ Fellowship Expansion Dear Mayor Russo: TELEPHONE (561) 625-4400 FACSIMILE (561 ) 625-061 O E-MAIL tbaird@tjbairdlaw.com August 18,2005 I would appreciate it if this letter was entered into the City's files regarding the Christ Fellowship petition. It essentially codifies the remarks I presented to the City Council at its hearing of July 20, 2005. Sincerely, Thomas J. Baird For Thomas J. Baird, P.A. TJ B/mrg cc: Members of the City Council Mr. Ron Ferris, City Manager Christine P. Tatum, City Attorney Mike Sanchez Alan Ciklin, Esquire Client E:\TJB\Northlake Coalition\Russo letter re 72005 hearing.doc t Expansion of Non-Conformina Use In 1997 the North West Campus PUD (19.87 ac) was approved authorizing the construction of an 82,500 s.f. facility, comprised of a 1,750 s.f. seat sanctuary and 2 ancillary buildings (A & B). At this time the City’s land development regulations allowed any church regardless of its size or number of seats to be located in the residential low (RL-3) district. In July 2002 the City amended its land development regulations providing for a distinction in the regulation of churches with less than 1,000 seat sanctuaries and those which have more than 1,000 seats. Section 78-751 Code defines church as a specific use. Section 78-1 59(49)(c) identifies those distinct uses which are typically associated with and therefore encompassed by the Code’s definition of Church: 0 Sanctuaries 0 Assembly halls, or similar large meeting rooms 0 Community centers used for community, athletic, social . . . and recreational programs 0 Offices - used for administrative purposes 0 Religious merchandise sold in a retail facility 0 Playgrounds and athletic fields 0 Rectory or residence for religious officials Christ Fellowship’s expansion of its Church proposes the following uses which staff has determined to be inclusive of the church use as defined by the City Code. The First Building will house church use of: 1. Meeting rooms for middlelhigh school kids Student auditorium with break-out rooms operated during the same hours as the weekly adult services. 2. Student ministry small group worship / theater room. 3. Fellowship Hall. 4. Public meeting rooms. 5. Break out rooms for small group worship. 6. Casual areas for family gatherings and dinners. 7. Playground (kids zone). 8. Choir suite for choir practices. 9. Administrative offices for 125 employees. The Second Building will house church uses of: 1. Gym - basketball, volleyball and other sports. 2. Dressing rooms and work out rooms. 3. Community rooms. 4. Racquetball courts. 5. Aerobics. 6. Crafts and family small group break-out rooms. 7. Future administrative space. The activities proposed as part of the Christ Fellowship religious facility all fall within those uses associated with a Church as defined by the City’s Code. Thus, the “use” of “church” as defined by the City Code is not limited to a sanctuary. Any of the above referenced uses typically associated with a church falls within the “use” of Church” as defined by the City’s Code. In 1997 the Christ Fellowship property was zoned Residential-Low. At the time of its original approval the City’s residential zoning category permitted churches of any size, including ancillary uses typically associated with churches. In 2000 the City changed its Code providing that churches with more than 1,000 seats must be located in Commercial or Industrial zoning districts. Christ Fellowship is still zoned Residential. Christ Fellowship has greater than a 1,000 seat sanctuary. Although Section 78-714 of Code allows Christ Fellowship’s church use to continue to be operated as a nonconforming use. Section 78-714(a) prohibits the expansion, enlargement, or increase of a use which has become nonconforming. The additional structures proposed as part of the expansion are uses typically associated with a church as set forth in City Code. Accordingly, the proposed 159,180 square foot expansion of the Church facility is prohibited as a matter of law pursuant to Article VI of the City Code because this is an expansion of the use of “church”. Ancillary Uses The uses to be added to the Christ Fellowship site are not really ancillary uses. Rather, given their magnitude, these uses are principal church uses which operate independent of the sanctuary. For example, the use of the gym, workout rooms and racquetball courts will be available throughout the day and evening and are not confined to the times Christ Fellowship offers services. The Petition before the Council proposes to expand the religious facility by 159,180 square feet. The staff reports states that ancillary uses are allowed to the extent they continue to be incidental and subordinate to the principal use. In this case, uses which are represented to be ancillary are neither “incidental” nor “subordinate” to the existing North Campus facility. The existing North Campus Religious Facility is approximately 85,200 square feet with two ancillary buildings (A & 6) totaling 31,333 square feet (A - Groot Center - 12,793 / B- 18,540 - God’s Town). The principal use of Christ Fellowship is the 85,200 square foot church with its 1,750 seat sanctuary. Buildings A & B which already exist are the ancillary uses to the church because these uses are subordinate to the principal use. According to Doug Rhudy’s letter of March 29, 2005 to Mike Sanchez, the two new buildings will be constructed offering two new ministry programs: 1. Student Ministry Center - by its description this is essentially a school or after school program for middle and high school age children. 9-4-03 Revised narrative - 1 15,680 square foot Youth ministry / office building. 2. Family Life Center - this is described as a recreation center or fitness center. 9-04-03 narrative 41,600+ square feet gym, tack and ancillary offices. These uses, because of their magnitude and the independence of their operation cannot fairly be characterized as ancillary uses, subordinate to the principal use. Although the City’s Code does not define ancillary Ballentines Law and Webster’s Dictionary define this term as: Subordinate or auxiliary An ancillary use is subordinate to principal use. In this case, however, the ancillary uses and are actually independent principal uses themselves. Moreover these uses are greater than 2 times the size of the principal use. Therefore they cannot be considered to be subordinate uses.? 1 Although the City’s Code does not define ancillary Ballentines Law and Webster’s Dictionary define this term as: Subordinate or auxiliary Rug 18 05 04:02p CIty Managers Office (5611 799-4111 P- 1 THOMS J BCIIRD pn PAGE 81 88/18/2005 14:36 5616258610 facsimile bo: Ronald Ferris. Crty Manager City of Palm Beach Gardens fa* 799-4111 re: Christ Fellowship Church WO: August18.2005 PIOIL: 5. including cover sheet Rug 18 05 04:02p CIty Managers Office (5611 799-4111 P. 2 WfiS J WIRD Pc\ ?is€ 82 m/ieim05 14: 36 56mse6i~ UW OFFICES THoW J, B-, PA. 11891 U.S. HKiWAY ONE. SUITE 100 NORTH PAM BEACH, FL 33468 VIA FACSIMILE The Honorable Joseph Russo, Maw City of Palm Beach Gardens 10500 N. Miliary Trail Palm Beach Gardens. FL 33410 TECER(OME (561) 6254400 FACS!MVE 1561) 625-0810 €--MAN tbrhl91)wfdl~wrom August 18,2005 Re: Christ Fellowship Expansion Dear Mayor Russo: 1 would appreciete il if this letter was entered into the Cis files regarding the Christ FeHowship petition. It essentially codifies the remarks I presented to the Ci Council at its hearing of July 20,2005. For Thomas J. Baird. P.A. TJBlmrg cc: Members of the Ciy Council Mr. Ron Fenis. City Manager Christine P. Taturn, CXy Attmey Mike Sanchez Alan Ciklin, Esquire mint EW~Caw.nvbaYnrn72WJ611000hWkOdot Pa 3 CIty Managers Office (5611 799-4111 Rug 18 05 04:03p 88/18/2085 14: 36 5616250610 THMAS J MlRD ?A PffiE 04 Expans ion of Non-Conformiq Use In 1997 the North West Campus PUD (19.87 ac) was approved authorizing the construction of an 82,500 s.f. facirity. comprised of a 1,750 s.f. seat sanctuary and 2 ancillary buildings (A & 8). At this time the City’s land development regulations allowed any church regardless of its size or number of seats to be located in the midentid low (RL-3) distrid. In July 2002 the City amended its land development regulations providing for a distinction in the regulation of churches with less than I.OO0 seat sanctuaries end those whiih have mom than 1,OOO seats. Section 78-751 Code defines church as a specific use. Section 78-1 59(4S)(c) identifies those distinct uses which are typically aasociated with and therefore encompassed by the Code’s definition of Church: Sanctuaries 0 Assembly halls. or similar large meeting morns Community centers used far community, athletic, social ... and recreational programs Ofices - used for administrative purposes Religious merchandise sold in a retail facility Plalrgrounds and ethletic fields Rectory or residence for religious afficials Christ Fellowship’s expansion of its Church proposes the following uses which staff has determined to be inclusive of the church use as defined by the City Code. The First Building will house church use of: 1. 2. 3. 4. 5. 6. 7. 8. 9. Meeting mom6 for middWhigh school kids Student auditorium with breakdut rooms operated during the same hours as the weekly adult services. Student ministry small group worship /theater mom. Fellowship Hall. Public meeting moms. Break out rooms for small group worship. Casual areas for family gatherings and dinners. Playground (kids zone). Choir suite for chow practices. Administrative offices for 125 employees. The Second Building will house church uses of: 1. Gym - basketball, volleyball and other sports. 2. Dressing rooms and work out rooms. 3. Community rooms. 4. Racquetball cwrta. Rug: 18 05 04:03p CIty Managers Office [Sfill 799-4111 P. 4 08/~2ees 14: 35 561625e610 T!43tWS J BIRD Pc\ PCICE 03 5. Aemablcs. 6. Cnrfts and family small goup breakat moms. 7. Future admln'ktrath space. The activities proposed as part of the Christ Fellowship religious rclci#ty all fall within those uses a98ociB1Bd with 8 Church 85 defined by the Cis Code. Thus, Ihe'use" of 'church" as defined by the City code is not lii to a sanctuary. Any of the above referenced uses typicslly associated with a chwch falls within the 'use" of Church" as defined by the City's Code. In 1997 the Christ Fellowship property was zoned ResidmtiaCLow. At the time of its Wnal appmal the City's residentie)loning categorypemitted churches of any ~e,indudingan~~uusestypicalyas;saciated~dwrches. In2000theCitychanged ibs Code providing that churches with more than 1,000 sea& must be bcated in Commercial or IndUstrJal zoning distride. Christ Felkwship is still Lwwd Residentid. ChrLct Feuovvship has greater tnan a 1,000 secd sanctuary. Although Section 78-714 of Code allaws Christ FeJlowship's church use^ to mtinue b be operated as a nonconforming use. Section 78-714(a) prohibits the expension, enlargement. or increase of a use which has become nonconforming. The sddiimal ~t~ctut~~ proposed as part of the expension are us= lypicaUy associated with a church as set forth in City Code. Accordingly, the pro~osed 159.1 80 square foot expamhn of the Church facility is prohibited as a matter of law pursuant to Article VI of the City Code because this is an expansion of the use of "church'. Ancillary Uses The uses to be added to the Christ Feikwship site are not really ancillary uses. Rather, given Wr magnitude. these uses am principal church uses which operate independent of the sanctuary. For example, the use of the gym, workout moms and racquetbaH wurts will be available throughout the day and evening and are not conf[ned to Me times Christ Fellowship offers mkes. The Petition betore the Council proposes tu expand the religious facility by 159,tsO square feet. The staff reports states that ancillary uses are allowed to the extent they ContirwB to be imidental and subordkrate b be principal use. In this case, uses which are represented to be ancillary are neither "icidentar nor 'subordfnete" to the existing Norlh Campua facility. The existing North Campus Rellgiws Facility is approximately 85,200 square feet with two ancillary Wings (A & B) totaling 31,333 square feet (A - Gmt Center - 12,793 I B- 18,540 - God's Town). The principal use of Christ Fellowship is the 85,200 square foot church with its 1,750 seat sanctuary. Buadings A & B Mch atteady exkt are the ancillary uses to the church because them uses are subordinate to the principal uset. According to Doug Rhudy's letter of March 29, 2005 to Mike Sanchez, the two new buildings WJI be constructed offering two new ministry programs: 1. Student Ministry Center - by its description this is essenbMy 8 school or after school program for middle and high school age children. 94-03 Revised narrative - 115,680 square foot Youth ministry / office building. Rug 18 05 04:03p CIty Managers Office [561 I 799-41 11 P. 5 e~m/20e5 14:~ 56i625e61e TKWAS J BF\IRD P1\ P&G€ El5 2. Family Life Center - this Is described as a recreation center or fitness center. 9-04-03 narrative 41.600+ square feet gym, tack and ancillary offices. These uses, because of their magnitude and the independence of their operation cannot fairly be characterized as ancillary uses, subordinate to the principal we. AlthWgh the City's Code does not define ancillary Babdines Law and Webster's Dictionary define this term as: Subordinate oc auxiliary An ancillary use is subordinate to principal use. In this case, however, the sndlsty uses and are actually independent principal use8 themetves. Moreover these uses are greater than 2 times the size of the principal use, Therefore they cannot be considered to be subordinate uses.1 1 Although the City's Code does nat define ancillary Bellentines Law and Webster's Dictionary define thia term as: Subordinate or auxiliary dd 8118/0r Gq wW6y Q CITY OF PALM BEACH GARDENS MEMORANDUM fi r TO: Mayor & Council DATE: August 17, 2005 z-- .%?[ ,L FROM: Bert Premuroso, Chair - Recreation Advisory Board? I SUBJECT: Palm Beach County District Park - Proposed Site Plan On Monday, August 15, 2005, tlie County Parlts & Recrcatioii Staff presented to the Rccreation Advisory Board their conceptual master plan for the district park site. In at lend ance at that meeting were Commissi oiler I<aren Marcus, Ass is t an t Co 11 n t y Aclministrator Jean Creamer, Parks and Recreation Director Dennis Eshleman, and Park Planner Tim Granowitz. The presentation given by Mr. Graiiowitz was very thorough and demonstrated the CoLinty’s process for i‘oniiulatiiig the recoiiiiiicndations for what is to be developed 011 site. Aftcr scvcral questions from the Advisory Board members, a motion was passed to conceptually COIICLI~ with the master plan. ‘The Boards’ coiiceriis continue to lie in the arcas of open space preservation and iinpact to the Iieighboring communities. The County plan does address these issues. We also SLI~JIO~~ the continued process of pitblic input and would like to host a public fortlm 011 tlic subject at thc September 19, 2005 Recreation Advisory Board meeting. 0111- plan would be to promote and host the session while the County takes tlie lead on presentation. If you concur with this process, we will invite the County staff to retui-n for the Septembcr meeting. cc. Ron Ferris, City Manager Jack Doughy, Community Serviccs Ad mini st rator Charlottc Presensky, Recreation Division Director Dennis Eslilcman, PBC Parks & Recreation Director Tim Granowitz. PBC Parlcs Principle Planncr CITY COUNCIL MEETING 08/18/05 pd- P PROPOSED ADDITIONS, DELETIONS AND MODIFICA4TIONS ADDITIONS: Under Resolutions: New Item b. Resolution 129,2005 - Revised Waste Management Contract. New Item c. Resolution 124,2005 - Creating a Charter Review Committee. DELETIONS: MODIFICATIONS: Under Part I1 - Non-Quasi Judicial Item a. Ordinance 2 1,2005 Approval of a five-year renewal to an agreement with Waste Management, Inc. NONE NO POUCH NEEDED. N CL 1 See back for pe Q) wt b 0 w 8 W I s E CD fs 1 E' a CD 0 er 51 $ E' % m 5 0 er a 8 0 CD 1 2 0 er fs er cc or U cc, cc a er 2 F s 0 1 $ L. m 5 8 0 1 E? c, 0 3 3 CD cc m 1 a U r E CD 3 5 1 a 0 er a !z 8 E cc 9 c er ? 3- 50 1 cc CDr bcc m5 5 5 fs 1 CD i;' cl 5 me m 3 CD fs er 5 m cc z B CD U Ip, 3 CD c 0 a er CD cc n s cc 0 er cc 5 CD 2 G CD er c, CD c, 0 er er a G L. CD fs er (3 CD h) cro h) 0 0 VI I h w m cc 1 CD fs a 5' CD k er a CD er 3 cc 8 d CD cl U $ M 6. cc CD CI 5 d er s 6 % e er w 0 4 U h) 0 0 VI I * 3 CD CD CD er cc b 2 CD CD er 5 n cc CD s cc U : * U E a cl 6' 0 tr 3. cr CITY OF PALM BEACH GARDENS CITY COUNCIL Agerlda Cover Memorandum Date Prepared: August 18,2005 Meeting Date: August 18,2005 SubjecVAgenda Item: Discussion of the letter sent to Couricilman Valeche by the Winchester Courts Home Owner's Association Road Committee dated August 2, 2005. The letter lists the consensus of opinion developed by the Road Committee as to the improvements they would like the City to make to Kyoto Gardens Drive. [ ] Recommendation to APPROVE [ ] Recommendation to DENY 1 Reviewed by: City Attorney Approved by: City Manager: * Engineering: City Engineer Daniel P. Clark, P.E. [ ] Quasi-judicial [ ] Legislative [ ] Public Hearing Advertised: Date: Paper: [XI Not Required Affected parties: [XI Notified [XI Not Required - FINANCE: costs: $- NIA Total $-NIA- Current FY Funding Source: [ ] Operating [XI Other NIA Budget Acct.#: NA City Council Action: [ ] Approved [ ] App. wI conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. wI conds. [ ] Rec. Denial [ ] Continued to: Attachments: 0 Letter from HOA Road Committee Date Prepared: August 18,2005 Meeting Date: August 18,2005 Description 1 .a 1 .b 1 .c 1.d No lights or glow of lights Lion heads every 30 feet with spraying water Archway to the water with a stone facing Ivy on the 8-foot wall for the full length of the bridge Page 2 Capital O&M Costs Costs $11 5,000 $1,800 $527,000 $3,000 $364,000 $0 $35,000 $7 BACKGROUND Since January 2004, staff has been working with Councilman Valeche and representatives of Winchester Courts to address their issues concerning the construction of Kyoto Gardens Drive. In response to their concerns of increased noise, the City hired Bernard Kinney Associates, Inc. to complete a noise study to determine the road noise levels that could be expected from Kyoto Gardens Drive. Mr. Kinney completed his noise study as discussed and presented at the August 4'h Council Meeting. The study concludes that per FDOT criteria, the only mitigation needed is a ten (IO) fool high wall along the two multi-family units adjacent to Kyoto Gardens Drive at Military Trail. Mr. Kinney's study cost the City approximately $28,000. In response to their concerns of headlights shining into their homes, Oliver, Glidden, Spina and Partners (OGS&P) prepared sketches for bridge modifications. Three different bridge wall treatments were offered to the HOA Road Committee for review and discussion. The Road Committee asked for a modification to one of the treatments, and OGS&P created an additional wall treatment sketch. The letter sent by the Road Committee on August 2, 2005, is attached. The letter lists what the Road Committee has identified as the consensus of opinion in reference to Kyoto Gardens Drive. Council made a commitment to the HOA that no road construction would occur until a wall was in place adjacent to the two multi-family units at the northeast corner of Military Trail and Kyoto Gardens Drive. Besides the test pile driving program needed to design the piles, no construction work has begun. The bridge is fabricated (except for the wall) and is sitting, waiting to be installed. Per our earlier discussions, we are between 3 and 4 months behind schedule on the road construction. Staff iis anticipating monetary claims for construction delay and material storage. ANALYSIS Staff has reviewed the letter and prepared a report on the capital costs and the operations and maintenance costs of the various consensus items in the letter. A summary table has been prepared with some commentary following. Date Prepared: August 18,2005 Meeting Date: August 18,2005 1.e Trellises on every column with bougainvillea $21 7,000 s the full length of the bridge 2.a 2.b A 10-foot high wall from the bridge to Military Trail Oak trees - @22 feet to 25 feet high, planted to $IE;6,000 $589,000 cover the wall on the Winchester side 2.c Landscaping not designed yet 3.a.l Eight-foot high wall east of the bridge for 250 feet 3.a.2 Ivy on 8-foot high wall for 250 feet 3.a.3 No roadway lights in this 250 feet 3.b.l For the next 750 feet east, provide a IOO-foot buffer of dense planting from'lake edge to road 3.b.2 Lake access only at West end 4.a Install sound proofing windows and sliding $400,000 $0 doors in the first five buildings from Military Trail, along the Lake -total 20 units 5.a Noise study was done at a road speed of 35 $0 $0 mph. Pass an ordinance of this speed remaining, and not to be raised without the express wishes of Winchester Courts and Garden Woods 6 Three large spraying fountains in the Lake to be installed 3 The Winchester Courts HOA Road Committee had the following comments: 1) We have selected the Bridge to have: a) No lights or glow of lights - OGS&P showed lighting in the distributed sketches. Lighting as shown in the sketches would be eliminated. For safety purposes, the road should be lighted. This requires the City to find a l@hting system to incorporate into the walls or the median of the Bridge. Costs are for the alternative lighting. Capital Costs $15,000; O&M Costs $1,800 / yr. b) Lion Heads every 30 feet with water spraying from each - a medahon finstead of the Lion Head) was shown in the OGS&P sketches, 13 are needed A water pumping and dlstribution system is included in the costs. Date Prepared: August 18,2005 Meeting Date: August 18,2005 Page 4 Capital Costs $527,000; O&M Costs $3,000 / yr c) Archway to the water with a stone facing - This feature will be covered by the greenery from the planters. The arches are assumed to be precast and mechanically attached Capital Costs $364,000; O&M Costs $ d) Ivy on the 8-foot wall for the full length of the Bridge - Costs include the structural attachments as well as an irrgation system for ithe plants in the planters. Maintenance wouldneed to be accomplished from the water and from some type of over-the-wallsystem. Capital Costs $35,000; O&M Costs $ e) Trellises on every column with bougainvillea the full length of the Bridge - Costs include the structural attachments as well as an irrhation system for the plants in the trellises. Maintenance wouldneed to be accomplished from the road and require a partial road closure. Capital Costs $21 7,000; O&M Costs $ 2) A wall from West of the Bridge, extending to Military Trail a) Ten-foot high wall - This is consistent with the noise study. Staff has discussed with the Road Committee moving the wall approximately 15 feet south of the Kyoto Gardens Drive ROWandproviding some landscaping in the 15 feet. Capital Costs $166,000; O&M Costs $0 b) Oak Trees - @22 feet to 25 feet high, planted to cover the wall on the Winchester side - With the wall being farther south and an additional 15 feet of space adjacent to the multi- family units available for lands(caping, as an alternative, an allowance can be made to the unit owners directly benef3ing from the landscaping to allow them to landscape the space. An allowcmce for the landscaping fie., $5000 for each of the two units) could include Oak trees on 20 foot centers as well as understory and sod Capital Costs $589,000; O&M Costs $0 c) Landscaping not designed yet - An allowance for understory. Capital Costs $15,000; O&M Costs $0 3) Roadway on East side of the bridge - All of the items identified in Item 3 are appropriate to discuss with the applicant developing Parcel 5A, and are not required mit4ation for roadnoise. Capital Costs $; O&M Costs $ a) First 250 feet east of the bridge 1) 8- foot high wall 2) Ivy on complete length of wall Date Prepared: August 18,2005 Meleting Date: August 18,2005 Page 5 3) NO roadway lights in this area b) Next approximately 750 feet 1) 1 OO-foot buffer of dense plantings from lake edge to road 2) Lake access only at west end 4) Install sound proof windows and sliding doors a) First five buildings from Military Trail, along the lake - total 20 units - basedon information collected from the Airport Authority, this type of sound proofing can cost from $f 7,000 to $3O,OOOper unit For purposes of this discussion, we have estimated $20,000 per unit for a total cost of $400,000 for the five buildings. Again, the sound study says we won't create an impact above levels where miteation is required except for the first two multi-family units, and they can be mitea fed with a IO-foot hbh wall Capital Costs $400,000; O&M Costs $0 5) Noise Study was done at a road speed of 35 mph a) Pass an ordinance of this speed remaining, and not to be raised without express wishes of Winchester Courts and Garden Woods - Speed limits are set based on means and methods defined in the Manual of Uniform Traffic Control Devices (MU TCD) and based on Florida State Sta tutes. Me would prefer to address the speed allowed on the road through these proven methods. Costs $0; O&M Costs $0 Capital 6) The three large spraying fountains in the lake to be installed -- This item is appropriate to discuss with the applicant developing Parcel 5A, and is not required mit4ation for roadnoise. Capital Costs $209,000; O&M Costs $15,000 / yr Costs are based on preliminary design sketches and are subject to refinement as the designs are completed and specific details are known. CONCLUSION Staff seeks direction from Council regarding the enhancements to Kyoto Gardens Drive as outlined above. 08-05-05A'l0:46 RCVD P CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: August 18,2005 Meeting Date: August 18,2005 Resolution: 129,2005 SubjectlAgenda Item: Resolution 129, 2005 - Consider approval of an extension to the agreement with Waste Management of Palm Beach for solid waste, recycling and vegetative waste collection extending the terms for a period not to exceed six (6) months. [XI Recommendation to APPROVE 1 ] Recommendation to DENY Reviewed by: Submitted by: Jack Doughney, Community Services Administ ator 4- Department DMctorv City Managkr Originating Dept.: Michael Morrow Operations Director dK1 Public Wor Community Services Advertised: NIA Date: Paper: [ X ] Not Required Affected parties p Notified [ ] Not required Costs: $694.025 (Total) Funding Source: [ x ] Operating [ ]Other Budget Acct.#: 001 -0900-51 9.3440 Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: *Resolution 129 ,2005 .Tentative Timetable for Future RFQ None t r Date Prepared: August 18,2005 Meeting Date: August 18,2005 Resolution 129,2005 BACKGROUND: This resolution would approve an offer from Waste Management, Inc. to the existing Solid Waste, Recycling, and Vegetative Waste Collection agreement established under Ordinance 1, 2000. This offer provides for an extension of our existing services for the agreement for a period not to exceed six (6) months. The current extension agreement expires on September 30, 2005. Under Ordinance 1, 2000, terms established in the agreement allowed for the opportunity to renew the franchise agreement. City and Waste Management staff negotiated rates during the previous extension granted under Resolution 31,2005. Ordinance 21,2005 was created based on these negotiated rates and was passed by the City Council, upon first reading on July 7, 2005. Waste Management, Inc. representatives informed City staff that they must withdraw from the proposed franchise agreement. This withdrawal is due to a shift in corporate philosophy prior to the adoption of Ordinance 21, 2005. Waste Management, Inc. has offered to extend the current agreement at the negotiated rates established in Ordinance 21, 2005 to prevent a lapse in service to residents and businesses. STAFF RECOMMENDATION: Approve Resolution 129, 2005 accepting an offer to extend the existing Solid Waste, Recycling, and Vegetative Waste collection agreement for a period not to exceed six (6) months. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: August 18,2005 Meeting Date: August 18,2005 Resolution 124,2005 SubjecVAgenda Item: Resolution 124, 2005 - Creating the 2005 Charter Review Committee. [XI Recommendation to APPROVE I ] Recommendation to DENY Reviewed by: / City Attorney Finance Administrator Submitted by: Christine Tatum I City Attorney Department Director City badger ~~ Originating Dept.: Christine Tatum City Attorney Advertised: N/A Date: Paper: 1 [ X 3 Not Required Affected parties [ ] Notified #------ [X 3 Not required costs: $ (Total) Funding Source: [ ] Operating [ 3 Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ 3 Continued to: Attachments: Resolution 124 ,2005 [ ]None Date Prepared: August 18,2005 Meeting Date: August 18,2005 Resolution 124,2005 BACKGROUND: At the CouncillManager meeting on August 16, 2005, the City Council discussed the Charter review process and requested that the City Attorney draft a Resolution creating a Charter Review Committee. Section 2-83, Code of Ordinances, provides that the City Council may, by resolution, create a committee whose purpose is to advise the City Council on an item of a special nature and whose creation is for a stated period of time, at the end of which time the committee will no longer exist. Section 2-83, Code of Ordinances, further provides that the resolution creating such committee shall specify the purpose, powers, and duties of the committee, and shall specify the number, qualifications, and terms of office of the members thereof. The attached Resolution proposes the creation of a seven-member committee, without residency requirements. Qualifications will be knowledge of local government laws and fu nctions . At the August 16, 2005, meeting, there was consensus to target the General Election of November 7, 2006. In order for proposed Charter amendments to be on that ballot, the ordinances submitting the questions to referendum vote would need to be adopted no later than the first meeting in September 2006, so that the ballot language could be submitted to the Supervisor of Elections by the September 9, 2006, deadline. Staff, therefore, recommends that the Resolution contain deadlines for the Committee to submit a Preliminary Report and a Final Report for council consideration. STAFF RECOMMENDATION: Approve Resolution 124, 2005 creating the 2005 Charter Review Committee. Attest: --------------------------------------------------- CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the Florida Water and Pollution Control Operators Association is a statewide organization dedicated to maintaining water quality in Florida; and WHEREAS, these trained, dedicated, and knowledgeable operating personnel maintain water and wastewater plants througlwut the state of Florida; and WHEREAS, the Operators Association conducts operator training througlwut the state at the thirteen regional levels and acts as liaison between the Department of Environmental Protection (DEP) and operators in the field; and WHEREAS, the Association reviews and assists in supervising state certification examinations and coordinates the statewide plant operations awards program withDEP; NOW, THEREFORE, I, Joseph R. Russo, by virtue of the autlwrity vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim August J5th -1 !Jth 2005, as: FLORIDA WATE~ WASTEWATER, AND SYSTEMS OPERATORS WEEK IN WITNESS WHEREOF, I luwe hereunlo set nJY hand and caused the Seal of the City of Palm Beach GardeliiJ, Florida, to be alfi-d on this 1/Jfh day of August in the Year of our Lord, Two Tlwusond and Five. P~r, tlf::( CMC