HomeMy WebLinkAboutAgenda Council Agenda 100605
City of Palm Beach Gardens
Council Agenda
October 6, 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 AGENDA
October 6, 2005
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST:
VI. CITY MANAGER REPORT:
a. Service Delivered Enhancements through Cross training.
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. (Page 5) Approve Minutes from the September 15, 2005 regular City Council
meeting.
b. (Staff Report on Page 12, Resolution on Page 15) Resolution 151, 2005 –
Authorize expenditures from Art Impact Fees. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida allocating Art Impact Fees for a
lighting system in the City Hall lobby, a lighting system for Costas Varotsos’
“Contiguous Currents” sculpture, Change Order No. 1 for the PGA Boulevard
City shields, and Change Order No. 1 for the PGA Boulevard tower sculptures;
and providing an effective date.
c. (Staff Report on Page 27) Quarter Financial Report for the period ended June 30,
2005.
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 71, Ordinance on Page 199, Resolution on Page 204)
Ordinance 18, 2005 - (2nd Reading and adoption) 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.
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 71, Ordinance on Page 219, Resolution on Page 224)
Ordinance 19, 2005 – (2nd Reading and adoption) 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.
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 amend certain conditions of approval; and
providing an effective date.
Part II – Non-Quasi-judicial
X. RESOLUTIONS:
a. (Staff Report on Page 233, Resolution on Page 235) Resolution 136, 2005 –
Approve a work authorization to Landscape Service Professionals, Inc. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving a Work
Authorization and Notice to Proceed to Landscape Professionals, Inc. based on its
annual Landscaping and Irrigation Contract dated September 15, 2005 for median
improvements along Military Trail from Lillian Avenue North to Lilac Street; and
providing an effective date.
b. (Staff Report on Page 249, Resolution on Page 251) Resolution 155, 2005 -
Contract award to Peas and Carrots Concessions, Inc. for Food and Beverage
Concessions at the City Golf Course. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving an Agreement to Peas and Carrots
Concessions, Inc. for Food and Beverage Concession and Catering services at the
Golf Course; and providing an effective date.
c. (Staff Report on Page 344, Resolution on Page 346) Resolution 158, 2005 – Cable
Franchise Transfer – A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the assignment and transfer of control of the cable
television franchise from Adelphia Communications Corporation to Time Warner
Cable, Inc., and then to Comcast Corporation, or their respective subsidiaries, subject
to certain conditions; providing for savings; and providing an effective date.
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. 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.
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
September 15, 2005
The September 15, 2005 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:05 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, followed by a moment of silence to
observe the passing of long-time resident Dick Grunwald, and for those on the Gulf Coast
who had experienced the disaster of Hurricane Katrina.
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.
ITEMS OF RESIDENT INTEREST:
Councilmember Barnett indicated she wanted to be sure the best price and best service were
obtained in the garbage contract, noting the bid gave priority to Palm Beach County and
Martin County contractors, and that contractors in other locations might be able to provide
immediate service. Mayor Russo agreed that was a very valid point, and reported an out-of-
state contractor had called him, stating their firm could have trucks here the next day with no
interruption in service. The bidding process was discussed. Councilmember Barnett reported
she attended the City’s Evaluation and Appraisal Report Workshop, and found it to be a very
good tool for residents to state future goals for the City if they had not already been
identified by the City. Councilmember Levy reported he had attended the Education
Advisory Board meeting where FAU and Palm Beach Community College gave
presentations, and had been very impressed with their programs. Councilmember Levy
thanked everyone for their help for the City of New Orleans, where he had close family ties.
Councilmember Valeche noted today was Battle of Britain Day, and expressed concern that
the world was forgetting major events that had affected the world, and noted that a few
people could affect the course of history. Vice Mayor Jablin read from Dick Grunwald’s
obituary. Consensus was to engrave a brick at the Municipal complex in memory of Mr.
Grunwald. Vice Mayor Jablin reported he had toured the new Howell Watkins Middle
School, which was a terrific facility, and advised that Principal Dan Smith had been a great
asset, and the City would be partnering with the school on the recreation fields. Mayor Russo
announced he would be in the Homecoming Parade the next day for Palm Beach Gardens
High School. Mayor Russo reported attending Literacy Day at Alamanda Elementary
School. Mayor Russo thanked everyone who was participating in the program to help the
hurricane victims find work. Mayor Russo reported on the affordable housing meeting;
stating that was a major problem because of condo conversions that were taking place. The
Mayor reported Channel 25 wanted to coordinate and publicize a Town Hall meeting.
CITY MANAGER REPORT:
City Manager Ferris reported staff could schedule a Town Hall meeting and Council
Manager Workshop in October. Mayor Russo agreed, asking that the Town Hall meeting be
late in October or early in November to include as many seasonal residents as possible.
CONSENT AGENDA: Vice Mayor Jablin moved approval of the consent agenda with item
(c) pulled. Councilmember Levy seconded the motion. Mayor Russo noted that he has
concerns regarding Resolution 147, however, after reading the material he felt his concerns
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/15/05 2
had been addressed. Motion carried by unanimous 5-0 vote. Therefore, the following items
were approved on the consent agenda:
a. Approve Minutes from the August 4, 2005 regular City Council meeting.
b. Approve Minutes from the August 18, 2005 workshop and regular City
Council meeting.
c. (item pulled)
d. Resolution 119, 2005 - Approve a First Amendment to the Financial
Assistance Agreement with Palm Beach County. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a First
Amendment to the Financial Assistance Agreement with Palm Beach County
for median beautification on Military Trail as part of the Keep Palm Beach
County Beautiful Grant Program; and providing an effective date.
e. Resolution 122, 2005 – Renewal of Blue Cross Blue Shield Insurance. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the renewal of Blue Cross Blue Shield of Florida, policy number
91062, for Fiscal Year 2005/2006; and providing an effective date.
f. Resolution 123, 2005 – Renewal of Preferred Government Insurance Trust
Insurance Program. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the renewal of Preferred Government
Insurance Trust Insurance Program for Fiscal Year 2005/2006; and providing
an effective date.
g. Resolution 130, 2005 – Approving the National Incident Management
System. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida adopting the National Incident Management System
(NIMS) per Homeland Security Presidential Directive-5 (HSPD-5) to provide
for domestic incident management; and providing an effective date.
h. Resolution 147, 2005 - Amending the existing ICMA money purchase plan.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida
relating to amending the existing ICMA money purchase plan to permit
employees to take loans from the plan; and providing an effective date.
i. Proclamation - Annual 2005 Southeast Shrine Convention.
j. Proclamation – National Sickle Cell Month.
k. Police Department Second Quarter, 2005 Summary Report.
Item (c):
Resolution 118, 2005 – Approve contract awards for Annual Landscaping and Irrigation
Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
awarding contracts to Landscape Service Professionals, Inc. and Vila & Son Landscaping
Corporation for Annual Landscaping and Irrigation Services; and providing an effective
date. Councilmember Levy noted amounts on the bids were very high, and asked staff if the
City was obligated to give any contractors any work at all. Staff confirmed the numbers were
unit prices and everything that could be needed had been listed, so that the total was not what
would actually be spent. Councilmember Levy made a motion to approve Resolution 118,
2005. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote.
PUBLIC HEARINGS:
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/15/05 3
Part I – Quasi-judicial Mayor Russo announced the procedure that would be followed in the
quasi-judicial cases. The City Clerk swore in all those intending to offer testimony in any of
the quasi-judicial cases.
Ordinance 29, 2005 – (1st reading) An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida approving an application from John C. Bills Properties, Inc. for
approval of an amendment to Ordinance 5, 1980, as amended by Ordinances 18, 1981,
Ordinance 20, 1981, Ordinance 19, 1985, and Ordinance 20, 1990, relating to the
construction of phase II, the final phase of Oak Park Office Park Planned Unit Development
(PUD); transferring the site plan approval and related conditions to Resolution 114, 2005;
and providing an effective date. [Resolution 114, 2005 is a companion item to Ordinance
29, 2005 and will require Council action on second reading.] Resolution 114, 2005 –
Amendment to Oak Park Office Park PUD. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving an amendment to the Oak Park Office Park Planned
Unit Development (PUD), located on the West side of Prosperity Farms Road approximately
1,580 feet South of PGA Boulevard, to allow construction of the Oak Park Office Park final
phase, consisting of a two-story, 17,172-square-foot medical office building, as more
particularly described herein; providing for waivers; providing for conditions of approval;
and providing an effective date. The City Clerk read Ordinance 29, 2005 on first reading by
title only. The following ex-parte communication was reported: Councilmember Levy spoke
with Don Hearing; Councilmember Valeche spoke with Don Hearing, Vice Mayor Jablin
spoke with Don Hearing and John Gary. Donaldson Hearing spoke on behalf of the
petitioner. Mayor Russo declared the public hearing open. Hearing no comments from the
public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved that
Ordinance 29, 2005 be placed on first reading by title only. Councilmember Levy seconded
the motion, which carried by unanimous 5-0 vote.
Resolution 115, 2005 – Approval of Phase II site plan of Parcel 27.10B. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the site plan for Phase II
of Parcel 27.10B to allow the construction of a 9,400-square-foot Medical Diagnostic
Imaging Center known as University MRI – PGA located within the Regional Center
Development of Regional Impact, as more particularly described herein; providing for
waivers; providing for conditions of approval; and providing an effective date. The City
Clerk read Resolution 115, 2005 by title only. Brian Cheguis of Cotleur and Hearing spoke
on behalf of the applicant. Ed Oliver described the location of the equipment. Mayor Russo
declared the public hearing open. Hearing no comments from the public, Mayor Russo
declared the public hearing closed. Vice Mayor Jablin moved approval of Resolution 115,
2005. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
Part II – Non-Quasi-judicial
Ordinance 24, 2005 – (1st reading) Adopting Fiscal Year 2006 budget. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida adopting a budget for the City of
Palm Beach Gardens for the Fiscal Year commencing October 1, 2005 and ending
September 30, 2006; and providing an effective date. The City Clerk read Ordinance 24,
2005 by title only on first reading. Mayor Russo declared the public hearing open. Allan
Owens, Finance Director, provided the staff presentation, and answered questions from the
City Council. It was noted that the questions regarding pension benefits and contributions
would be discussed further. Mayor Russo declared the public hearing open. Eileen Tucker,
Shady Lakes, speaking on behalf of the PGA Corridor Residents Coalition, responded to
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/15/05 4
Linda Hughey’s article in Newsday that people did not show up at the budget meeting
because people were on summer vacations, school was starting, and people work; and many
had said what was the point—they were told the millage rate was going down and they were
not told taxes were going up. Ms. Tucker stated she would like to see the millage reduced
one full mill, since the raise from 4 to 6 mills a few years ago was only supposed to be
temporary. Ms. Tucker expressed concern that all the money collected from growth was just
being used to increase the budget, and questioned what would happen when growth stopped.
Ms. Tucker on behalf of PGA Corridor Residents Coalition invited all of the City Council
and residents to attend their next general meeting on Monday, September 26, 2005 at
Woodland Lakes Clubhouse at 7:00 p.m. to discuss the budget, when Dr. Richard Orman
would go over the budget line by line. Ruth Peeples, Bent Tree, read a statement from Tom
Sosey, who was out of town, expressing his concerns regarding the budget. Concerns
included not enough being budgeted for the future, and that almost all new revenue was
being spent on new projects. Mr. Sosey suggested that revenue above last year’s revenue be
split, with half going to paying down existing debt or decreasing property tax rate, or both;
and the other half going to absolutely needed projects culled by Council from a list submitted
by staff long before the beginning of the budget process. Tory Buckley, Dafodil Circle
South, member of Parks and Recreation Advisory Board, asked that the plan to improve
parks not be cut back, and that more personnel for recreation be hired. Mayor Russo read
statements from residents who did not want to speak in public: Rose Lanndquist, 910
Magdalena Road, who asked that property taxes be reduced. Russell Gouldy, 735 Dutchess,
asked that in the future, the city plan reductions in tax basis. Donna Brosemer, Lexington
Lane East, requested a greater tax cut than proposed, commented in many places a
Taxpayers Bill of Rights was being adopted, often as voter initiatives, out of frustration
when elected officials did not control their spending, noted there were many line items
containing bureaucratic bloat and asked that it be stopped tonight. Bob Odell, Police
Benevolent Association, clarified the police pension item was to use 185 money to make
their retirement benefits better, and asked that they or the pension board be contacted with
any questions. Joan Elias, Diamondhead Way, commented she was not asking that taxes be
cut or telling the Council how to run the City. Ms. Elias noted the tax bill included many
other taxes, and people should look at the bill to see what the City tax was, and would find it
not to be too much for what was being received. Ms. Elias agreed with Mr. Buckley, who
asked that the plan to improve the parks be continued. Alan Adams, Cypress Street,
commented he and his wife had noticed a significant decrease in maintenance of the park on
Riverside Drive, and asked that maintenance for the current parks be looked at. Hearing no
further comments from the public, Mayor Russo declared the public hearing closed.
Councilmember Barnett questioned why the police pension benefit was proposed to be cut.
Discussion ensued regarding the proposed changes to the pension plans. Councilmember
Barnett questioned whether the amounts in the salary comparisons included health insurance
and car allowances, to which City Manager Ferris responded that the comparisons only
included salaries. Councilmember Valeche expressed his opinion that more options for
cutting expenses should be given. Mayor Russo expressed his opinion that a plan was needed
to shrink costs after growth stopped. Councilmember Barnett proposed lowering the millage
rate to 5.9% with no reduction in services, and to let the City Manager and staff operate with
less cost. The Finance Director indicated that would be $675,000 in cuts. The fleet
maintenance program was discussed. Councilmember Valeche noted the budget was driven
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/15/05 5
by the vision plan, which needed to be updated, and next year there would be a better process
between Council and staff. Councilmember Barnett pointed out that the operating millage
actually went up. Mayor Russo recommended passing this resolution on first reading and
having staff come back with $675,000 in potential cuts. The City Manager indicated the
budget was his recommendation of how to operate the city financially for the next year and
was the budget needed to operate for the next fiscal year, and that there was no fluff. Mayor
Russo suggested giving staff direction throughout the year to replenish reserves to be able to
reduce taxes. Consensus was that at the next meeting a decision would be made as to
whether cuts could be made from a menu of cuts to be provided by staff. Vice Mayor Jablin
made a motion to adopt a tentative millage rate of 5.999 mills for the fiscal year.
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Vice
Mayor Jablin stated he would like to make an announcement declaring that the proposed
operating millage rate of 5.779 exceeds the rolled back rate by 10.5%. Vice Mayor Jablin
made a motion declaring that the proposed operating millage rate of 5.779 exceeds the roll
back rate by 10.5%. Motion was seconded by Councilmember Levy and carried by
unanimous 5-0 vote. Vice Mayor Jablin made a motion to approve Ordinance 24, 2005 on
first reading adopting a tentative budget for the Fiscal Year 2005-2006 and setting the
second and final reading for September 29, 2005 at 7:00 p.m. in the council chambers.
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. A five-
minute break was taken.
RESOLUTIONS:
Resolution 18, 2005 – Authorizing city staff to withdraw the Memorandum of Agreement
with the Office of Tourism, Trade, and Economic Development (OTTED) for the review of
The Gardens Science and Technology Community. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida authorizing the City to terminate the Memorandum of
Agreement with the Office of Tourism, Trade, and Economic Development (OTTED) for the
review of The Gardens Science and Technology Community Development of regional
impact; and providing an effective date. City Manager Ferris explained the agreement was
no longer effective and recommended withdrawal. Vice Mayor Jablin made a motion to
approve Resolution 18, 2005. Councilmember Levy seconded the motion which carried by
unanimous 5-0 vote.
Resolution 117, 2005 – Approve a contract award to Tropics North Landscaping for the PGA
Flyover Landscaping and Irrigation Maintenance Services. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida awarding a contract to Tropics North
Landscaping, Inc. for Landscape and Irrigation Maintenance Services related to the PGA
Boulevard flyover project; and providing an effective date. Angela Wong, Operations
Manager, presented the staff report and answered questions from the City Council. Vice
Mayor Jablin made a motion to approve Resolution 117, 2005. Councilmember Levy
seconded the motion which carried by unanimous 5-0 vote.
Resolution 140, 2005 – Approve Addendum No. III with Total Maintenance Building
Services, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
authorizing the Mayor and City Clerk to execute an Addendum III to the Agreement with
Total Maintenance Building Services, Inc. for Landscaping Maintenance Services; and
providing an effective date. Cindy Unger, Grounds Superintendent, presented the staff report
and answered questions from the City Council. Vice Mayor Jablin made a motion to approve
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/15/05 6
Resolution 140, 2005. Councilmember Levy seconded the motion which carried by
unanimous 5-0 vote.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Affordable Housing Discussion with Commissioner Marcus. - Mayor Russo reported there
was a very concentrated focus on trying to locate affordable housing in northern Palm Beach
County. Dormitory housing in golf course communities and mixed used with second-floor
residential over commercial had been suggested. Apartments were being converted to
condominiums. Mayor Russo indicated he would continue meeting with the county and the
other cities on this issue. Cost of a home at 3 times an annual income of $50,000, or
$150,000, was no longer available in the City, and seasonal workers had no place to live, and
even a $70,000 employee could not find a home for $210,000. Different ideas were
discussed.
Neo-Traditional Development in Abacoa - City Manager Ferris reported staff had been
requested to investigate whether Abacoa had lessened their neo-traditional development, and
had found they were as committed to it as ever.
City Manager Ferris announced the Recreation Advisory Board meeting Monday at 7 p.m.
and invited everyone to attend to talk about the District Park. Mayor Russo clarified the park
had originally been intended to have major recreation facilities, and some believed it should
be a passive park. Vice Mayor Jablin expressed his opinion that some of the most intense
uses could be moved closer to I-95. Councilmember Barnett noted the community needed to
go to the meetings to let the county know what they wanted in the park. Mr. Wu indicated
they must get concurrency, go through PZA, and the City Council must approve a resolution.
Mr. Wu advised the residents would be contacted again. Linda Hughey commented Shady
Lakes Drive would have to go through if the park was put in.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/15/05 7
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at 10:38 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: September 27, 2005
Meeting Date: October 6, 2005
Resolution 151, 2005
SubjectlAgenda Item:
Resolution 151 , 2005 -Authorize expenditures for a not to exceed amount of $63,222.00
from Art Impact Fees for a lighting system in the City Hall lobby, lighting of Costas
Varotsos’ “Contiguous Currents’’ outdoor artwork, Change Order No. 1 for the PGA
Boulevard Tower Sculptures, and Change Order No. 1 for the PGA Boulevard Tower City
Shields.
[ X ] Recommendation to APPROVE 1 ] Recommendation to DENY
Reviewed by:
City (22 Attor
Finance Administrator
Administrator
Department Director
Originating Dep
Angela Wong
Community Services
Department
Advertised: NIA
Date:
Paper:
[ ] Not Required
Affected parties
[ ] Notified
I 1 Not rewired
Costs: 63.222.00
(Total)
63.222.00
Current FY
Funding Source: NIA
[ ] Operating
[ ]Other
Budget Acct.#:
304.1400.515.6900
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ J Continued to:
Attachments:
Resolution 151, 2005
[ ]None
Date Prepared: September 27,2005
Meeting Date: October 6,2005
Resolution 151,2005
BACKGROUND:
In April 2004, the Art In Public Places (AIPP) Board recommended that the City hire Paul
Morgan Lighting Design, Inc. (PMLD) to develop a lighting plan for the City Hall lobby to
illuminate the various artworks, which rotate every month. In July 2004, the Board added
the design of Costas Varotsos’ Contiguous Currents artwork that is located on the north
side of City Hall to the consultant’s scope of services. The AIPP Board and City staff
assisted with the design process during this past year. Based on PMLD’s approved design
plans, staff obtained quotes for both the lobby and outdoor artwork as follows:
- Imperial Electrical Inc. $32,000 - 30 Days
- Paragon Electrical Contractors Inc. $35,285 - 4-6 Weeks
- Salmon Electrical, lnc.$38,700 - No time frame submitted
- Tancego Construction, Inc. $41,600 - 30 Days
Outdoor Artwork
- Salmon Electrical $43,500 - 42 Days
- Mullings Engineering Services, LLC $47,626.00 - 120 Days
- Davco Electrical Contractors, Inc. $52,850.00 - 84 Days
After evaluating the proposals, staff was able to reduce projects costs for the outdoor
artwork by minimizing the project scope. Salmon Electrical, Inc. supplied a revised proposal
in the amount of $1 8,300, which included the removal of internal ballasts from all fixtures.
By doing so, the scope of work will require significantly less labor to install and require half
as much maintenance throughout its useful life. Also, the bulbs can be changed depending
upon wattage requirements for each fixture. The price difference between the two
proposals is also based on name brand vs. generic.
In May 2005, City Council approved the expense of Art Impact Fees for a contract to
Wendy M. Ross for the design and installation of four (4) artworks for the PGA Flyover
Towers. At that time, it was anticipated that the Florida Department of Transportation
(FDOT) would shortly deliver as-built plans to the City for the towers, which would be
transmitted to the artist for the sculptures. However, to date the FDOT has not delivered
such plans due to their current contract issues. The project has been delayed
approximately three (3) months awaiting the as-built plans. Therefore, staff is
recommending approval of Change Order No. 1 in an amount not to exceed $5,032 to the
artist for surveying services to obtain precise measurements of the towers in order to begin
the design process for the sculptures.
In addition, in July 2005, City Council approved the expense of Art Impact Fees to contract
with Designs and Signs, Inc. in the amount of $14,800 to create City Shields for the PGA
Flyover Bridge shelves. However, at the recommendation of the City’s architecture
Date Prepared: September 28,2005
Meeting Date: October 6, 2005
Resolution 151, 2005
consultant, OGS&P, the artworks would benefit by having a patina or “antiquing” finish,
which would also compliment the surrounding area. The additional cost for this finish was
quoted at $2,600.
Municipal Artworks - Reserved Balance 37,500
Undesiqnated Funds 267,000
Total Available Funds 304,500
Lighting Contracts - 50,300
10% Continqencv - 5,030
Fund Balance $249, I 70
PGA Blvd. Flyover Elements - Reserved Balance 39,720
City Shields Change Order - 2,600
10% Contingency - 260
Artwork Change Order - 5,032
Project Balance $31,828
STAFF RECOMMENDATION: Authorize expenditures for a not to exceed amount of
$63,222 from Art Impact Fees for a lighting system in the City Hall lobby, lighting of Costas
Varotsos’ “Contiguous Currents” outdoor artwork, Change Order No. 1 for the PGA
Boulevard Flyover Sculptures, and Change Order No. 1 for four (4) bas relief sculptures for
the PGA Boulevard Flyover Towers.
Date Prepared: September 27,2005
Resolution 151,2005
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RESOLUTION 151,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ALLOCATING ART IMPACT FEES
FOR A LIGHTING SYSTEM IN THE CITY HALL LOBBY, A
LIGHTING SYSTEM FOR COSTAS VAROTSOS’ “CONTIGUOUS
CURRENTS” SCULPTURE, CHANGE ORDER NO. 1 FOR THE PGA
BOULEVARD CITY SHIELDS, AND CHANGE ORDER NO. 1 FOR
THE PGA BOULEVARD TOWER SCULPTURES; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City desires to install a lighting system in the City Hall lobby and
around Costas Varotsos’ “Contiguous Currents” sculpture for the purpose of enhancing
artworks, add a patina finish to four bas relief sculptures of the City’s shield to be placed
on four towers located on PGA Boulevard and Alternate AIA, and install four artworks
atop the PGA Boulevard towers; and
WHEREAS, the City received a proposal from Imperial Electrical, Inc. in the
amount of $32,000.00 for the installation of a lighting system for the City Hall lobby,
attached hereto as Exhibit “A”; a proposal from Salmon Electrical, Inc. in the amount of
$18,300.00 for the installation of the lighting system around Costas Varotsos’
“Contiguous Currents” sculpture, attached hereto as Exhibit “B”; Change Order No. 1
from Design and Signs, Inc. in the amount of $2,600.00 to add a patina finish to four bas
relief sculptures of the City’s shield to be placed on four towers located on PGA
Boulevard and Alternate AIA, attached hereto as Exhibit “C”; and Change Order No. 1
for Wendy M. Ross in the amount of $5,032.00 to add surveying services to the
contract for the design, construction, and installation of four sculptures to be placed atop
the towers along PGA Boulevard, attached hereto as Exhibit “D”; and
WHEREAS, because of the direct relation these expenditures have with public
art, the Art In Public Places Committee and City staff recommend that these projects be
funded by the Art Impact Fees collected in accordance with Section 78-262 of the City
Code: and
WHEREAS, the City Council of the City of Palm Beach Gardens deems approval
of this Resolution to be in the best interests 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.
2
r Date Prepared: September 19,2005
Resolution 151,2005
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SECTION 2. The City Council of the City of Palm Beach Gardens hereby
authorizes the expenditure of Art Impact Funds in an amount not to exceed $63,222.00,
which includes a 10% contingency, for a lighting system in the City Hall lobby and
around Costas Varotsos’ “Contiguous Currents’’ sculpture for the purpose of enhancing
artworks; to add a patina finish to four bas relief sculptures of the City’s shield to be
placed on the four towers located on PGA Boulevard and Alternate AIA; and to add
surveying services to the contract for the design, installation, and construction of the
PGA Boulevard tower sculptures, all of which will be funded by the Art Impact Fund.
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 ENCY
~ ~~ Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBERLEVY ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
46 47 G:\attomey-share\RESOLUTlONS\Art Impact Fund Expenses - reso 151 2005.doc
2
Date Prepared: September 27, 2005
Meeting Date: October 6, 2005
Resolution 151, 2005
Exhibit A
Proposal from Imperial Electrical
c -/- PAGE 01/01
PROPOSAL
IMPERIAL ELECTRI'CAL INC.
I 1621 NW 41 STREET PLANTATION, FL 33323
SINCE 1969
Name
Stroet
(954)938-0520
3$5 $133
Submitted To
CITY OF PALM BEACH GARDENS Varne
Street 10500 N, MILITARY TRAIL
CityEtate PALM BEACH GARDEBS, FL 33410 ifylState PALM BEACH GARDENS, FL
Tele Num. Date 4-2 1 -05
ary for the cornpletlon of
TOTAL QUOTE $32,000.00
ith payments to be made as follows:
Respectfully submitted
d. You are authorized to do
\
Date Prepared: September 27, 2005
Meeting Date: October 6, 2005
Resolution 151, 2005
Exhibit B
Proposal from Salmon Electric
SALMON
PROPOSAL
Proposal No. 1070
August 15,2005
ELECTRICAL INC.
PROPOSAL SUBMITTED TO:
City of Palm Beach Gardens
3704 Burns Road
Palm Beach Gardens, FL 33410
(561) 775-8279
WORK TO BE PERFORMED AT:
City of Palm Beach Gardens
Artvvork on Military Trail
Palm Beach Gardens, FL 3341 0
The fallowing is a proposal for the installation of;
6-Solid Brass Flood Fixtures with 28 Watt Self Ballasting Bulbs
7-35 Watt Metal Halide Spotlight Fixtures
Labor and Materlal for work to be performed: $4 0,000 -00
Fixtures and Lighting Design; $8,300.00
Included in Proposal: Installation of fixtures, timer 8 60 AMP subpanel on exterior wall of Police
Depanment. Will provide convenience outtet by artwork, if approved.
NOT Included in Proposal: Permit Fees, including application fee and processing fee. Permit
Fees will vary depending on job.
The above work is to be performed in accordance with the drawings and specifications submitted
for the above address and completed in a substantial workmanlike manner.
Note-This proposal may be withdrawn by us If not accepted wlthln 60 days.
Respectfully submitted by:
Salmon Electrical, Inc.
944 Laurel Road 4 North Palm Beach. FL 33408 + (561) m-8797
Date Prepared: September 27,2005
Meeting Date: October 6, 2005
Resolution 151, 2005
Exhibit C
Change Order No. 1 from Design and Signs
City of Palm Beach Gardens
CHANGE ORDER TO ORIGINAL CONTRACT
CHAIWE ORDER NO. One (1) PROJECT NO. 2002-018
PROJECT TITLE: Fcmr Bas Relief Sculptures - PGA Blvd. Tower Shelves
TO COMTRACTOEWigns andSims
DATE: September 8,2005
YOU ARE HEREBY REQUESED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PWORM THE WORK ACCORDINGLY, SUBJECT
TO ALL CONTRACT SJPULATIONSAND COVENANTS.
JUSTIFICATION: Added uatina (antiaue) finish to all sculutures.
SUMMARY QFcQNT3AaBMauNT
1 I - 8 1 I
CERTIFIEDSTATEMEN'E I hereby certify that the supporting cost data included is, in my
considered opinion, accurate; that the prices quoted are fair and
reasonable and in proper ratio to the cost of the original work contracted
for under benefit of competitive bidding.
TO BE FILLED OUT BY DEPARTMENT INlTIATING CHANGE ORDER
Community Services Department 304-1400-515.6900
DEPARTMENT ACCOUNT NUMBER
CITY OF PALM BEACH GARDENS, FLORIDA
CITY MANAGER
LEGAL SUFFICIENCY: /”
I
ATITST:
CITY CLERK
Date Prepared: September 27,2005
Meeting Date: October 6, 2005
Resolution 151,2005
Exhibit D
Change Order No. I for Wendy M. Ross
City of Palm Beach Gardens
CHANGE ORDER TO ORIGINAL CONTRACT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY
ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE
CHANGE ORDER NO. One (1 1
250,000.00
0.00
250,000.00
DATE: 9/27/2005
ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACTED AMOUNT INCLUDING THIS
CONTRACT TITLE: PGA Flvover Tower SculDtures
TO CONTRACTOR: Wendy M. Ross
5.032.00
255,032.00
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT
TO ALL CONTRACT STIPULATIONS AND COVENANTS.
CHANGE ORDER
Percent Increase This Change Order
Total Percent Increase To Date
Extension Of Contract Time Allowed By This Change
JUSTIFICATION: Added survevina services to obtain Drecise measurements for each tower. (FDOT
failed to Drovide Droiect as-built Plans in a timelv manner)
2.01 %
2.01 %
0 Calendar Days
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate; that the prices quoted are fair and
reasonable and in proper ratio to the cost of the original work contracted
for under benefit of competitive bidding.
CONTRACTOR ARCHITECT/ENGINEER
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Communitv Services DeDartment
DEPARTMENT
RECOMMEND:
DEPARTMENT HEAD
304.1400.51 5.6900
ACCOUNT NUMBER
CITY OF PALM BEACH GARDENS, FLORIDA
CITY MANAGER
ATTEST:
CITY CLERK
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 28,2005
Meeting Date: October 6,2005
SubjecUAgenda Item: Presentation of quarterly financial report
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
City Atto ey J
Department Director
Approved by: F- CityM age1
Originating DA. :
Financ a
Advertised:
[XI Not Required
Affected parties
[ ]Notified
[XI Not required
costs: -0-
(Total)
-0-
Current FY
Funding Source:
[ 3 Operating
[XIOther NIA
Budget Acct.#:
NIA
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Quarterly
financial report
0613012005
[ ]None
Date Prepared: September 28,2005
Meeting Date: October 6,2005
BACKGROUND:
As required by Code of Ordinances Article Y111. Section 17-1. the Council
may request other financial reports throughout the year. We are pleased to present
the quarterly financial report for the period ended June 30,2005.
Some of the highlights contained within the report include:
P Total General Fund revenues through the third quarter were $49
million, compared to $49.8 million for the same period last year
( 2004 revenue amount includes $5 million, Series 2003 Bond
proceeds for stormwater improvements)
> General Fund revenues exceeded expenditures by $8.5 million
through the third quarter, as compared to $14.5 million for the
same quarter last fiscal year
P The total investment portfolio as of June 30, 2005 was $43.6
million, compared to $36.3 million at June 30,2004.
P Although improving, investment returns continue to be historically
low. Our weighted average yield for the entire portfolio as of the
end of the quarter was 3.07% or .38% below the one-year Treasury
Bill rate of 3.45%
> To date, the City has collected $2,045,545 from FEMA for
Hurricanes Frances and Jeanne.
0 MISCIOTHER: N/A
STAFF RECOMMENDATIONS:
o Staff recommends a motion to accept the attached quarterly financial
report for the quarter ended June 30,2005
City of Palm Beach Gardens,
Florida
a
'I
Quarterly Financial Report
June 30,2005
CITY OF PALM BEACH GARDENS, FL
TABLE OF CONTENTS
Transmittal Letter
Investment Report
Capital Improvement Plan Update
Grant Status Report
Financial Statements
Balance Sheet - Governmental Funds
Combining Balance Sheet - Nonmajor Governmental Funds
Statement of Revenues, Expenditures, and Changes in Fund Balances -
Governmental Funds
PAGE -
1
9
12
20
23
24
25
Combining Statement of Revenues, Expenditures, and Changes in Fund Balances -
Nonmajor Governmental Funds 26
Budgetary Comparison Schedule - General Fund
Statement of Net Assets - Proprietary Funds
Statement of Revenues, Expenditures, and Changes in Fund Balances -
Proprietary Funds
Analysis of significant line items and Budgetary Comparison Charts
27
28
29
30-40
TRANSMITTAL LETTER
Overview
I am pleased to present the financial report for the City of Palm Beach Gardens for the
nine months ended June 30,2005. The intent of these reports is to better inform not only
Council, but the public as well, throughout the year, of our financial position by
comparing actual results with the adopted budget, and taking corrective actions as
appropriate. We’ve modified our presentation to reflect significant schedules presented
in our annual financial report. Our goal is to provide optimum fiscal responsibility
through open disclosure in a public forum.
Format
A brief description of each section of this report is as follows:
Transmittal Letter - a financial overview and brief discussion of significant items
encountered during the prior quarter.
Investment Report - a summary of investment activity (purchases, sales, calls, etc.); total
cash and investments by fund; rate of return on investments compared with our
benchmark.
Capital Improvement Projects (CIP) Update - a summary of city projects with a status
report on each project to date.
Grant Status Report - a summary of city projects funded in part or in whole by grants
along with a status report on the project to date.
Financial Statements - The following funds’ financial statements are presented:
GeneralFund
Special Revenue Funds
Recreation Programs
Gas Tax
Capital Project Funds
Recreation Impact
Police Impact
Fire Impact
Road Impact
PGA Flyover
Burns Road
Enterprise (Golf Course)
Internal Service (Fleet Management)
Proprietary Funds
1
The following statements and other information are presented:
Balance Sheet - Governmental Funds
Combining Balance Sheet - Non major Governmental Funds
Statement of Revenues, Expenditures, and Changes in Fund Balances -
Governmental Funds
Combining Statement of Revenues, Expenditures, and Changes in Fund Balances
- Non major Governmental Funds
Budgetary Comparison Schedule - General Fund
0 Statement of Net Assets - Proprietary Funds
0 Statement of Revenues, Expenditures, and Changes in Fund Balances -
Proprietary Funds
0 Analysis of significant line items and Budgetary Comparison Charts
Financial Overview
General Fund Revenues
General Fund revenues total $49 million through the end of the third quarter, down
slightly from $49.8 million for the same period last year (includes $5 million, Series 2003
Bond proceeds for stormwater improvements) as depicted below:
General Fund Revenues - 3rd Quarter
Last Year Vs. This Year (in t1,OOOs)
60,000 (
50,000
40,000
30,000
20,000
10,000
2004 2005
Ad Valorem Tax revenue increased by $4.3 million fiom $30,526,482 to $34,803,468
over last year at this time as the graph below illustrates.
Ad Valorem Tax Revenues - 3rd Quarter
Last Year Vs. This Year (in S1,OOOs)
40.000 /
20,000 30;000b .Fil
10,000 m
2004 2005
2
A comparison of some of the other major categories of General Fund revenue from last
year to this year is depicted in the following chart:
General Fund Revenues
For the Period Ending June 30,2005 as compared to June 30,2004
4,800,000.y
e
e
e
4,300,000
3,800,000
3,300,000
2,800,000
2,300,000
1,800,000
1,300,000
800,000
300,000-
IO3rdhtr Jun '04 W3rd Qtr Jun '05 I
Franchise Fees $2,98 7,544 - Franchise fees include revenues received from
FP&L $2,408,193, Solid Waste $44,282 and Telecommunication Tax of
$535,069. Revenues earned to date represent 75% of estimated earnings. Total
revenues for the same period last year were $2,920,847.
Licenses and Permits $4,597,257 - Licenses and permit revenues include Permits
$3,258,038, Occupational Licenses $1,058,630, Application Filing Fees
$155,600, Juno Beach Building Permits $74,055 and Other Licenses & Fees
$50,934. Our revenues earned to date represent 109% of estimated earnings. Total
revenues for the same period last fiscal year were $3,994,121. In addition to
building permits, these revenues include Training Surcharge, Special Events, and
Right of Way Permits.
Intergovernmental $2,925,048 - Intergovernmental revenues include Half Cent
Sales Tax $2,094,561, State Revenue Sharing $649,088, County Occupational
Licenses $93,493, Mobile Home Licenses $2 1,275, Alcoholic Beverage License
Renewals $35,500, Firefighters Comp Fund $16,458 and Fuel Tax Refunds
$14,673. Revenues earned to date represent 79% of estimated earnings for the
period ending June 30, 2005. Total revenues for the same period last fiscal year
were $2,809,939.
Charges fur Services $I, 700,373 - Revenues include EMS Transport Fees
$1,134,716, Fire Inspection Fees $478,066, Public Safety Fees $4,645, Recreation
Fees $53,137, Interim Service Fees $29,809. Revenues earned to date represent
139% of budget. Total revenues for the same period last fiscal year were
$1,505,755.
Miscellaneous Revenues $970,007 - Revenues earned to date represent 61% of
estimated budget. Total revenues for the same period last fiscal year were
$1,913,380. Miscellaneous Revenues to date are as follows:
Bio2005 Sponsorship
City Council Filing Fees
County Impact Fee Retainage
Donations
DRI Reimbursement
FL League of Cities - Occupational Licenses
Insurance Proceeds
MacArthur Foundation Litigation Settlement
Maps, Police PhotodTapes
Mirasol Park Water Usage
Miscellaneous
Nextel Tower Lease
Tax Search, Zoning Letters, & Copies
7,500
5,280
158,957
4,500
132,593
6,150
459,926
84,000
2,916
7,101
283 19
34,2 12
38,353
General Fund ExDenditures
Assuming expenditures occur consistently throughout the year, 75% of a department's
budget could expect to be expended through the third quarter ending June 30, 2005.
Overall, the general fund has expended 67% of total budget.
Department Expenditures - % Expended Through June 2005
Overall, total General Fund expenditures through the third quarter were $40.5 million.
Most departments are in line with budget except for General Services. In General
Services we are at 154% of budget due to hurricane cleanup. The City expended
$1,537,186 on debris removal which is beyond our original budget for monthly Waste
Management expenditures. A budget amendment is being prepared to account for
hurricane related expenditures and should be on the agenda later in the 4th quarter.
4
Risk Management
As of the third quarter ending June 30,2005, the City incurred 42 worker’s compensation
claims, with a total loss of $192,265 as compared to 52 claims incurred, and total loss of
$212,573 for the same period last fiscal year. The City’s Property and Liability claims
totaled $54,397 compared to $76,488 for the same period ending June 3 1,2004.
Significant Items
The third quarter of FY 2005 was busy in Finance and the City as a whole. Following is
a brief summary of some of the more significant items occurring during the quarter:
0 To date, $3.6 million dollars in project worksheets have been signed off by
FEMA for reimbursement, of which $2.045 million has been received by the City to
date. An additional $766,456 has been collected, to date, by the City’s insurance
company.
0
quarter are:
Other Department accomplishments during the 3rd quarter and projects for the 4*
P Request for Proposal for Independent Audit Services was issued
August 12, 2005 and we received 4 proposals. Finance will make a
recommendation to council in the 4th quarter.
P Finance received Crystal Report Training and is able to generate
reports from the data in Eden that were previously created manually.
Report examples: County Impact Fee, Radon, City Impact Fee,
Deferred Revenue for Occupational Licenses, Cash Receipt
Reconciliation, Trial Balance, Budget Adjustment, Purchase Orders
and Fixed Assets. > Finance has teamed with Construction Services on the conversion to
Project Accounting in Eden. This module provides a central location
for collecting capital projects data to support the General Ledger.
Project Accounting can budget, track progress and provide full
financial reporting.
0
Fiscal Year 2005/2006 was delivered to Council June 17,2005.
The draft of our Comprehensive Operating & Capital Improvements Budget
Citywide, there are currently 27 CIP projects ongoing. During the third quarter, some of the
more significant projects that were completed, or are nearing completion, include the
following:
Thompson River Canal Linear Park
This project consists of the following elements:
Began March 2005 with an estimated
completion date of August 2005
Passive facilities, picnic areas, a
fishing bridge, boat launch site, additional I landscaping, additional security lighting
Interpretive signage regarding storm
water runoff, freshwater ecosystems and
native vegetation
mile
Extend fitness and exercise trail to one
Project Costs $400,000; Partial funding
provided by LWCF grant $200,000 &
remainder funded by Recreation Impact Fees
3
i
6
BRCRC Expansion Proiect
This project consists of the
following elements:
Includes addition of a new
gymnasium, locker room facility,
new office space, modification to
the lobby area and overall building
updating
New gym provides
employee staging area for
emergency services
Designed to withstand 155-
mph winds
Estimated completion Spring 2006
Project Budget $4,350,000, Funding
provided by Recreation Impact Fees
7
PGA Blvd. Flvover Enhancements and Artwork
--4 0
I
This project consists of the following elements:
0
to take traffic over the railroad tracks and Alternate
AIA
0
PGA Blvd. corridor to pay for $3.1 million of
additional landscaping architectural design features,
and decorative lighting
FDOT constructed $7 1.7 million interchange
Special Assessment District created along
0
0
Completion is expected May 2006
Artist selection scheduled for May 19th
Council Meeting - estimated one year
fabricatiodinstallation period
Sculptures funded from Art Impact Fees h
Wendy Ross, Artist
Roadwav Improvements
This project consists of the following elements:
This project included resurfacing of several
roadways throughout the City which also included
reconstruction of swales and repair of sidewalks
0 January 2002, Infrastructure Management
Service, Inc. designed five-year Pavement
Management Program
Construction began October 21,2002 and
cont’d through June 2003 for the street and swale
restoration portion of the project
0
of pavement restoration for the streets outlined in the
study
0
0
Public Works has completed the first two years
0 Added micro surfaced pavements
A complete analysis of all current CIP projects can be found in the separate CIP section
beginning on page 12.
In summary, I would like to thank our Finance Staff for their efforts in preparing this
document. I would also like to thank Stacy Rundle, Grants Administrator, and Angela
Wong, Operations Manager, for providing the information presented in the Grant Status
Report, and UP Update, sections, respectively.
Respectfully submitted,
Allan Owens, CPA, CGFO
Finance Administrator
8
INVESTMENT MANAGEMENT
The economic expansion has continued at a moderate pace as second quarter GDP expanded at an
annual rate of 3.4%. Despite high and rising energy cost and continued Fed rate hikes, consumers have
buoyed the expansion and manufacturing has revived now that an overhang of auto inventories has
been worked down. Housing activity remains brisk, reflecting still accommodative credit conditions.
The supportive financial backdrop together with solid income and employment gains points to another
year of slightly above trend growth in 2005.
Short-term interest rates increased, with the one-year Treasury bill at 3.45%, from the last quarter's
rate of 3.35%. Longer-term rates slightly decreased for the quarter, with the 20-year Treasury yield at
4.28% as compared to 4.88% from the end of the previous quarter.
r
SA
84%
Innstmeat Portfolio ty 'I)JPG
Total Portfolio $43,662,780
Fw USTrvNotr
m
1
I
I Capital Projects
Investment Portfolio by Fund
Total Portfolio $43,662,780
General
48% 7
Special Revenue
1%
On June 30, 2005, the amount invested at the SBA totaled $36,662,780. The SBA yield gradually
increased each month from 2.83% at the beginning of the quarter to 3.07% at the end of the quarter.
The Investment Summary provides a listing of the outstanding investments as of June 30, 2005 along
with the investment date, maturity date, type of instrument, yield and amounts. As of the end of the
quarter, the total market value of the various federal agencies and securities was $6,886,070 compared
to the original purchase price of $6,973,341. The total weighted average yield for the entire portfolio
as of the end of the quarter was 3.07%, or .38% below the one-year Treasury Bill rate of 3.45%. All
other policy guidelines for portfolio composition have been adhered to.
INVESTMENT SUMMARY
June 30,2005
Investment Instrument Investment Maturity Par
Date Date Yield Value
U.S. Treasury Notes
Federal National Mtg Assoc Note
Federal National Mtg Assoc Note
Federal National Mtg Assoc Note
Federal Home Loan Mortgage Corp
Federal Home Loan Banks Debenture
Federal Farm Credit Banks Debenture
Federal Home Loan Mortgage Corp
Federal National Mtg Assoc Note
Federal Home Loan Bk Note Stp Coupon
Federal National Mtg Assoc Note
Federal Home Loan Mortgage Corp
Federal Home Loan Mortgage Corp
Federal National Mtg. Assoc Note
State Investment Pool
311 3/02
3/29/04
3/29/04
2/26/03
412 1 103
412 1 103
5/05/03
5/05/03
511 9/03
5/22/03
8/22/03
41 1 3/04
11/05/05
3/04/05
11/15/06
10/7/11
41811 0
9/05/07
1011 5/07
3/26/07
411 5/08
511 5/08
12/3/07
1211 9/08
11/15/07
411 5/09
11/03/10
310311 0
4.52%
3.00%
3.00%
3 .OO%
3 .OO%
3.02%
3 .OO%
3.05%
2.50%
2.25%
3.33%
3.00%
3 .OO%
3.25%
3.07%
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
36,662,780
TOTAL INVESTMENTS 43,662,780
10
Below is a graphic comparison of the City's earnings rate with the State Investment Pool. The City
earned 3.07% for the period ending June 30, 2005 compared to 1.27% for the period ending June 30,
2004. For the quarter ending June 30, 2005 the City's portfolio totaled $43,662,780 compared to
$36,396,038 for the same period in 2004. The second graph shows the increase of the portfolio over
the past two years.
STATEINVESTMENTPOOLEARNINGS
RATE
H 2004 I. 2005
CITYOF PALM BEACH GARDENS
PORTFOUOHISTORY
$44
$42
53 $40 1 $38
$36
. 2004 I. 20051
$34
$32 '7
11
CAPITAL IMPROVEMENT PROJECTS
UPDATE REPORT AS OF JULY 31,2005
rr"Jecr I YO. Title 1 Budget Estimate/
Account Codes
309-0900-519.3150 (I3 - Other)
309-0900319.3160 (PS - Legal)
309-0900-519.3170 (I3 - Eng)
309-0900-519.6300 (Landnmp)
PBC Incentive Grant $1,341,000
Burns Road Widening
Reconstruction
roject Manager: Engle
ignation for PGA Blvd. issued by Palm Beach County.
der has been iss
Municipal Complex Art Work $225.ooo
17-1400-515.6300 (Landnmp. 2002-013
Proiect Manaeer: Stetmer Art Impact)
UPDA: k#pn various vendors through ihundhr for the
City Portion Prepaid $3,148,000
FDOT for beautification amenities for
projet% is not loOO? corn
12
Title Drier uescriprioni
Status
ouaget cstimatei
iccount Codes
575.ooo
103-3000-539-6909 (Gas Tax)
Other FW Sour=:
Bus Shelters
Project Manager: Reyes de Building on Military Trail and the main entrance to
on PGA Boulevard. PBCPalm Tran
2002-019
NU
UPDA
tormwater System
provements - Canal $5.000.000
001 -3040-541-6918 e SE quadrant of the City as mentioned in the Stormwater
$100.000
(103-3000-539.4600) Gas Tax
Sidewalk Repair &
ent of driveway aprons associated with the
of swales and miscellaneous concrete work
with the improvement of drainage structures and Project Manager: Engberg
needed a8 well.
$540.000
(103-3000-539.4600) Gas Tax tenance
1.
Project Manager: Engberg
13
BRCRC Improvements
Project Manager: Presensky
2004-008
ansion of the parking lot, and enhanced landscaping and
$3.660.000
(301-2000-572.6928) BRCC
(001-3030-539.6928)R00f/
Floor/AC
Recreation Impact Fund
June 29,2005 9:00 am
interior portions o
utomated Fueling System $20.000
e Public Works facility. (501-3020-539.6933)
Manager: Lunn
ity Entry Sign ANTIC IPATED COMPLET ION DATE September 2005
This project includes the installation of a new entry sign to the
$15.00Q
(001-3050-541.6936) 2004-016 1
Project Manager: Reyes City.
?&aff. The City Hall sign will be relocated to Lakeside and
Thompson River Linear Park
Project Manager: Presensky extension of the exercise trail will 2004-018
convenient and safe access to a wide range of recreation
$400.000
Other Fun dine - Sources:
FRDAP
$200,000
(301-2000-572-6938)
TBA
TBA
bridge end trail are copnplete and land ed. The lighting has been ordered and will be installed
additional cumponents including kayak bun& and
14
Brief Description/
Status
Budget Estimate/
Account Codes
City Hall Building
Renovations
Project Manager: Engle
(301 -2000-572-6939) ct involves the renovations of several departments
ll to provide for additional office space. In addition,
at the Building Department will be redesigned to
2004-019
de for additional function and security.
$25.ooo Circle Greenspace ed
cel on Ilex Circle with turf, plants and imgation to make
more useful and aesthetically pleasing. In addition, the
roject will also place a timed locking device on the
(301.2000.572.6947)
roject Manager: Kelly
2005-027
I I I- (001.3030.539.6949)
$30.000
(G~~~~~ B~~ D~~~~)
Public Works Office
Building Reconstruction ANTICIPATED COMPLE TION DATE: Set, - tember 2005 (501 -3020-539-6934)
2005-029 This project involves the reconstruction of the Public Works
Building due to damage sustained from Hurricane Jeanne. Project Manager: Wilson
n with the reconstruction of the building.
15
DESIGN PHASE PROTECTS
Brief Description/
Status Title c Project
Sand Hill Crane Access Park
(PGA Blvd. Boat Ramp)
Project Manager: Engle
r substation site, which
2002-017
ations to the existing boat ramp and docks for small
vessels to access the waterway, picnic areas, parking
interpretive educational displays and walkingbiking
Budget Estimate/
Account Codes -
$42oxKw)
301-2000-572.6907
Funding Sources:
FRDAP
$200,000
TBA
TBA
Kyoto Gardens Drive
. The bridge is fabricated and
Fire Station No. 2
(001 -1230-522.6921 ) project contracts an Architect to perform a needs
sment and to study the feasibility of renovating Fire
This prwd is currently on hold pending furd\er review.
HWMS Field Lighting &
(301 -2000-572.6930)
Recreation Impact Fund
The School Board has approved the addition of the and the interlocal agreement has been amended to reflect
submitted forfundinginthefY2005~~budget.
16
Median Beautification
001-2080-519.6935 as Northlake Blvd from Military Trail to
oject Manager: Engle at the Tennis Center including bleachers, shade
ifu!!mN
(301-2000-572.6943)
TBA
(103.3000.539.6944)
Bus Shelters for US1
Project Manager: Reyes
s to be located
in October 2005. PalmTran has
be meeting with 104 contractors
17
PLANNING PHASE PROTECTS
I Brief Description/
Status Title Project
No. I I Budget Estimate/
Account Codes I 2002-005
Hstrict Park
’roject Manager: Presensky amphitheatre with restrooms, court complex (volleyball,
(001-1000-521.6937)
’rojed Manager: Foster ween neighboring cities.
2ity Park - Phase I1
tennis courts, picnic facilities, hard surface exercise trail and
Railroad Crossing
Improvements (001.3050.541.6946)
The installation of the gates is still yet . Staff to follow up with FEC regarding potential
inymmmeriB.
ANTICIPATED COMPLET ION DATE: TBD
This project includes additional recreation facilities such as a
playground, picnic areas, boat facilities, and improvements
to the existing baseball field and exercise trail. Partial
funding will be applied for through the FRDAP program.
Lilac Park
Project Manager: Presensky
$400.000
(301.2000.572.6948)
Other Funding Sources:
FRDAP $200,OOO
N/A 9 NIA
18
Project Brief Description Budget Estimate/
-. . .~ //-I
Arrniin) Pnriac
Title No. Status
-uyIuuicauc
2005-031 Project Manager: Presensky
rPCRN.VW
(001.2041.574.6951)
19
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris, City Manager DATE: August 30,2005
Allan Owens, Finance Administrator
Mary Anderson, Deputy Finance Administrator
FROM: Stacy A. Ru nd le, G ra n tslCon t racts Ad m in ist ra to r
I SUBJECT: Grant Status ReDort I
Listed below, by department, are the various City projects funded in part or in whole by grants along
with a status report on the project to date:
COMMUNITY SERVICES
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Military Trail Median Beautification - 1-95 north to the EPB-3 canal
Keep Palm Beach County Beautiful - BCC Funds
$66,679
$66,679
September 30, 2005 (requested extension to June 2006)
Upon award of contracts for annual landscaping and irrigation services, this
project will be installed.
Military Trail Median Beautification - PGA Boulevard south to the city limit
Keep Palm Beach County Beautiful - MPO Funds
$89,046.50
$89,046.50
December 31 , 2005
Upon award of contracts for annual landscaping and irrigation services, this
project will be installed.
Northlake Boulevard Median Beautification - (.6 miles west of Military Trail
to the FL Turnpike)
Keep Palm Beach County Beautiful - BCC Funds
$73,405
$73,405
September 30,2006
Upon award of contracts for annual landscaping and irrigation services, this
project will be installed.
Victoria Gardens Avenue between Alt. AIA and PGA Blvd.
Keep Palm Beach County Beautiful - MPO Funds
$241,816.01
$241,816.01, provided by The Sembler Company
TBD
This grant project is funded by state monies through Keep Palm Beach County
Beautiful and The Sembler Company, representing Legacy Place. The City
applied for the grant with the understanding that if awarded, The Sembler
Company would front all costs associated with it. The City is acting as a pass-
through for the grant money and no City funds are being utilized for this project.
20
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Thompson River Canal Water Quality Improvement Project
SFWMD
$285,000
$285,000
October 1 1, 2006
To date, the City has spent approximately $250,000 on this project and has
requested reimbursement from SFWMD in the amount of $50,000 per the
funding agreement. The remainder of the grant funds will be paid to the City
after October 1, 2005 in accordance with the funding agreement.
Thompson River Linear Park
Land and Water Conservation Fund (LWCF)
$200,000
$200,000
December 15,2007
To date, the City has spent $208,080.17 on this project and received
reimbursement from the State of Florida in the amount of $104,040.09.
Sandhill Crane Access Park
FRDAP
$200,000
$200,000
September 30,2007
Construction on this project is expected to start next fiscal year.
City Park Phase II
FRDAP
$200,000
$200,000
TBD
Staff is currently awaiting a fully executed
Council approved same on August 4,2005.
Lilac Park Phase I
FRDAP
$200,000
$200,000
TBD
Staff is currently awaiting a fully executed
Council approved same on August 4,2005.
funding agreement from the State.
funding agreement from the State.
Bus Shelter - US-1
Palm Tran/Palm Beach County
$30,970
$0
July 12, 2006
Staff is currently working with County staff on the site plans and construction
documents.
POLICE DEPARTMENT
Project: Occupant Safety Project
Grant Source:
Grant Amount: $1 3,900
City Match: $0
Grant Deadline: September 30, 2005
FDOT Highway Safety Funds FY 2004/2005
21
Status:
Project:
Grant Source:
Year:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Year:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Year:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Year:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Year:
Grant Amount:
City Match:
Grant Deadline:
Status:
The City has purchased a variable message board per this funding agreement.
A reimbursement request in the amount of $13,900 was sent to FDOT on August
18, 2005. Staff is awaiting receipt of these funds.
Taser purchases
Local Law Enforcement Block Grant (LLEBG) Program
2005
$9,965
.$1,110
2005
These funds were approved for the purchase of tasers. This equipment has
been ordered and the monies deposited by FDLE into this account.
Automated Fingerprint Identification System (AFIS)
Byrne State and Local Law Enforcement Formula Grant
2005
$89,700
$29,900
September 30, 2005
The Police Department received this equipment and it is currently operational.
The reimbursement for the full grant amount was received in July.
Police Communications Equipment
Palm Beach County E91 1 Funds
2005
$106,143
N/A
September 30, 2005
The Police Department participates in the County’s 911 Grant Program. Each
year, a list of items, including a percentage of call-taker salaries, is presented to
911 Management for inclusion in the program. These funds allow for the
purchase of communications-related equipment and materials, maintenance of
same, and a percentage of call-taker salaries. Funds are provided on a
reimbursement basis.
Bulletproof Vest Program
US Department of Justice
2003
$29,957.58
$29,957.58
September 30, 2007
This project is on-going. The funds may be used to purchase ballistic and stab
vests for law enforcement officers.
Universal Hiring Grant
US Department of Justice
2003
$375,000 over three (3) years
$51 1,825 over three (3) years
August 31, 2006
This program provides partial funding for five (5) new, additional full-time officer
positions over three (3) years specifically to bolster community policing efforts in
the city. This is the first time the department has participated in this program. To
date, the City has spent $236, 035.50 of the grant funds and $7,300.07 of the
City’s match.
22
CITY OF PALM BEACH GARDENS
Assets:
Cash and cash equivalents
Investments
Receivables (net)
Prepaid items
Interest
Total assets
Liabilities and fund balances:
Liabilities:
Accounts payable
Accrued liabilities
Contracts and retainage payable
Deferred revenue
Due to other funds
Total liabilities
Fund balances:
Reserved for encumbrances
Reserved for prepaid items
Reserved for law enforcement
Reserved for capital improvements
Designated for:
Subsequent year's expenditures
General accident settlement
Special projects
Unreserved general fund
Special revenue funds
Total fund balances
Total liabilities and fund balances
BALANCE SHEET
GOVERNMENTAL FUNDS
JUNE 30,2005
General
Recreation
lmoact
Road
lmoact
Other Total
Governmental Governmental - Funds - Funds
$ 17,104,783 $ 6,277,456 $ 10,176,324 $ 4,056,075 $37,614,638
1,747,534 45,898 1,793,432
476,588 578,059 1,054,646
6,944,490 - - - 6,944,490
59,830 - 59,830
$ 26,333,225 $ 6,277,456 $ 10,176,324 $ 4,680,032 $47,467,037
$ -$ -$ - $ 4,152 $ 4,152 - 1,489,248 - 1,489,248 - - -
3,812,348 6,411 3,818,759 - 4561 0 45,610
1,489,248 3,812,348 56,173 5,357,769
2,606,621 1,198,099
16,906
25,516
1,019,000 5,079,357
1,274,173
41,974
5,287,305
14,572,483
128,233 976,629 4,909,582
578,318 595,224
2551 6
6,235,742 2,611,007 14,945,106
1,274,173
41,974 - 5,287,305 - 14,572,483
457,906 457,906
24,843,977 6,277,456 6,363,975 4,623,859 42,109,268
$ 26,333,225 $ 6,277,456 $ 10,176,324 $ 4,680,032 $47,467,037
23
H
I,,,
H
I,,
H
CITY OF PALM BEACH GARDENS
STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
GOVERNMENTAL FUNDS
JUNE 30,2005
Revenues:
Taxes
Franchise Fees
Licenses and permits
Intergovernmental
Impact fees
Local option gas tax
Charges for services
Grants
Fines and forfeitures
Interest
Miscellaneous
Total revenues
Expenditures:
General government
Public safety
Culture and recreation
Physical environment
Transportation
Capital outlay
Principal
Interest
Total expenditures
Excess (deficiency) of
revenues over expenditures
General
Recreation
ImDact
-$
-
1,948,150
Other
Road Governmental
ImDact Funds
-$ $ 34,803,468 $
2,987,544
4,597,257 -
2,925,048 -
1,822,266 987,306
399,918
1,700,373 - 1,745,276
68,153 259,965
245,908 9,293
7 36,06 1 68,299 83,410 40,274
Total
Funds
- $ 34,803,468
2,987,544
4,597,257
2,925,048
4,757,722
399,918
3,445,649
328,118
255,20 1
928,045
970,007 100 120,322 1,090,428
49,033,819 2,016,549 1,905,676 3,562,355 56,518,398
9,491,255 - 9,491,255
20,447,585 359,145 20,806,730
3,571,819 - 1,074,783 4,646,602
3,120,319 - 7,500 3,127,819 - 492,546 492,546
2,241,186 2,050,739 10,911 975,989 5,278,824
917,932 575,000 1,492,932 - -
710,041 415,073 1,125[115
40,500,137 2,050,739 10,911 3,900,036 46,461,823
8,533,682 (34,189) 1,894,765 (337,681) 10,056,576
107,255
(485,463)
Other financing sources(uses):
Transfers in 689,743 796,998
Transfers out (526,780) (1 13,294) (1,125,536)
Refunding bonds issued -
Bonds issued
Premium on bond issuance
Payment to refunded bond escrow agent (47,049) (47,049) Total other financing sources (uses) (425,257) - (526,780) 576,449 (375,588)
Net change in fund balances
Fund balances, beginning of year
Fund balances, June 30,2005
8,108,425 (34,189) 1,367,985 238,767 9,680,988
16,735,552 6,311,645 4,995,990 4,385,093 32,428,280
$ 24,843,977 $ 6,277,456 $ 6,363,975 $ 4,623,860 $ 42,109,268
25
m m m 2 03 d m m 8 2 (D
W N
m L" N 2 m 1 i
I
b-
y v
cd m
69 a m a 2 ? z - 69
69
8
x a? m
Y)
'$1
cn
0) m
i Q
b3
"b 0
03
N
t
m
69
0
L
L
L
0
0 c ln
Q O c m
m -
n
m 0
0 N
0-
a
m
0 c
7
D K
c 2 .- ln- 8 c m m n
- Q
0) c
E 0 '0 55 ZLL
'0 c
3 LL
Revenues:
Taxes
Licenses and permits
lntergovernment
Charges for services
Grants
Fines and forfeitures
Interest
Miscellaneous
Total revenues
Expenditures:
City Council
Administration
Economic Development
Information Systems
City Clerk
Legal Services
Public Relations
Human Resources
Finance
General Services
Police
Fire
Growth Management
Parks and Recreation
Grounds Maintenance
Public Works
Capital outlay
Principal
Interest
Total expenditures
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SC H EDU LE
GENERAL FUND
JUNE 30,2005
Excess (deficiency) of
revenues over expenditures
Other financing sources(uses):
Transfers in
Transfers out
Refunding bonds issued
Bonds issued
Premium on bond issuance
Actual Budget
$ 37,791,012 $ 39,095,430
4,597,257 4,231,400
2,925,048 3,723,965
1,700,373 1,223,860
68,153 527,900
245,908 423,500
736,061 505,500
970,007 1,594,100 60.85%
49,033,819 51,325,655 95.53%
2303 24
403,036
104,739
573,574
281,349
234,538
52,844
701,654
540,647
3,482,946
10,594,665
9,852,920
2,885,805
1,477,840
2,093,978
3,120,319
2,241,186
91 7,932
285,399
552,405
208,299
903,400
338,859
381,104
89,420
937,228
766,205
2,267,520
15,206,717
13,371,187
3,770,147
1,924,226
2,916,151
4,544,474
9,134,079
1,49541 8
80.63%
72.96%
50.28%
63.49%
83.03%
61.54%
59.10%
74.86%
70.56%
69.67%
73.69%
76.54%
76.80%
71.81 %
68.66%
24.54%
61.38%
153.60%
71 0,041 974,961 72.83%
40,500,137 60,067,199 67.42%
8,533,682 (8,741,544)
107,255
(485,463)
-
143,007
(638,780)
Net change in fund balances
Fund balances, beginning of year
Fund balances, June 30,2005
%
Received/
SDent
96.66%
108.65%
78.55%
138.94%
12.91 %
58.07%
145.61 %
Payment to refunded bond escrow agent (47,049)
Total other financing sources (uses) (425,257) (495,773)
8,108,425
16,735,552
(9,237,317)
16,378,624
$ 24,843,977 $ 7,141,307
27
CITY OF PALM BEACH GARDENS
STATEMENT OF NET ASSETS
PROPRIETARY FUNDS
JUNE 30,2005
Assets:
Cash and cash equivalents
Inventory
Prepaid items
Deposits
Deferred charges
Capital assets not being depreciated
Capital assets being depreciated, net
Total assets
Liabilities:
Current liabilities:
Accounts payable
Accrued liabilities
Accrued interest payable
Due to other funds
Revenue bonds payable - current portion
Obligations under capital lease - current portion
Total current liabilities
Noncurrent liabilities:
Compensated absences payable
Revenue bonds payable
Obligations under capital lease
Total noncurrent liabilities
Total liabilities
Net Assets:
Reserved for encumbrances
Invested in capital assets, net of related debt (deficit)
Unrestricted
Total net assets (deficit)
Enterprise
Fund
Golf
Course
Internal
Service
Fund
Fleet
Manaaement
$ 131,392 $
15,395
1,100
98,497
2,315,770
-
(23,087)
120,111
12,412
2,138,040 2,077,606
4,700,195 2,187,042
4,438
1,929
96,998
320,000
-
308
19,475
33,004 275,714
456,369 295,498
38,940
5,560,535
7,604
33,004 360,052
5,632,479 367,656
6.088.848 663.153
18,227 144,549
(1,628,621) 1,043,395
221,741 335,945
$ (1,388,653) $ 1,523,889
28
CITY OF PALM BEACH GARDENS
STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
PROPRIETARY FUNDS
JUNE 30,2005
Operating revenues:
Charges for services
Miscellaneous
Total revenues
Operating expenses:
Personnel expenses
Repair and maintenance
Fuel and chemicals
Operating supplies
Cost of goods sold
Other professional and contractual
Utilities
Equipment rental
Insurance
Promotional advertising
Other expenses
Capital Outlay
Total operating expenses
Operating income (loss)
Non-operating revenues (expenses):
Interest income
Land rental
Principal
Interest expense
Total non-operating revenues (expenses)
Income (loss) before transfers
Transfers in
Transfers out
Change in net assets
Net assets (deficit), beginning
Net assets (deficit), ending
Enterprise
Fund
Golf
Course
Internal
Service
Fund
Fleet
Manaaement
$1,057,211 $1,438,729
58,587 19,602
$1 .I 15.799 $1.458.331
514,121 357,875
12,407 184,749
10,125 252,113
72,239 60,788
79,152
224,296 4,946
40,200 1,420
73,467 156
43,000
6,903
33,566 16,069
1,465 504,267
1 ,I 10,942 1,382,383
4,856 75,948
8,379
(320,000)
- 3,567
(275,714)
-
(231,895) (21,935)
(543,516) (294,081)
(538,659) (21 8,134)
322,500
(39,572)
(21 6,159) (257,705)
(1 , 172,494) 1,781,594
($1.388.6531 $1 523.889
29
GENERAL FUND 001 ANALYSIS
Lwnsesand chwi-for Grrurts permits Intergovmmnt semices
.Actual $37,791.012 4,597,257 2.925.048 1.700.373 68.153
.Budget $39.095.430 4.231.400 3,723,905 1,223,860 527.900
GENERAL NOTE:
Interest Miscellaneous forfeiturea
245.908 738.061 970.007
423.500 505.500 1.594.100
The financial reports are formatted for management’s use and, as such; generally do not include all the
classifications, accruals and footnotes which would accompany fiscal year-end reporting. The Balance
Sheet for this fund is reported on page 23 and the Revenues and Expenditures are reported on page 25.
The budgetary comparison charts are exclusive of transfers.
ASSETS
0 Accounts receivable $1,415,262 - As of 6/30/05, the significant items are: FEMA accrual of
$602,251, which was received 7/20/05; and our other on-going receivable balance is with EMS
Fees at $727,034. To date, we’ve received $2,045,545 for FEMA reimbursements.
LUBILITIES
0 Accrued liabilities $1,489,248 - The significant items included in this amount are County impact
fees of $413,513, HRS-radon gas payable of $16,368, and Engineering Escrow at $216,748.
REVENUES
General Fund revenues for the period ending June 30, 2005 total $49,033,819. We received 95% of our
budgeted revenues and as the graph below illustrates, the majority of our revenue is derived from Taxes.
Budgetary Comparison of Revenues - General Fund
as of Jurn 30,2005
1 540.000,000 tr $35,000,000
530.000.000
525.000.000
520,000,000
515.000.000
$10.000.o00
55.000.000
t-
30
EXPENDITURES
Total General Fund expenditures for the six months ending June 30,2005 total $40,500,137. We’ve spent
67% of our budgeted expenditures and as the graph below illustrates, the majority both budgeted and
spent are on Public safety.
Budgetary Comp.rkon of Exponditurns - Gononi Fund
88 Of JUW 30,2006
20,447,585
28.577.904
Cap outlay Ptincipl Interest Culture 6 Phyrk.1
ROCt-08tlon Enviromont
3,871,819 3,120,318 2,241,188 917,932 710,041
974.Q61 4,840,377 4,544.474 9,134,079 1,495,410
The Budgetary Comparison Schedule on page 27 breaks down the graph above departmentally.
There is also a graph on page 4 of the Transmittal Letter comparing percentage expended.
3’
LOCAL OPTION GAS TAX FUND 103 ANALYSIS
Local option gas tax
399,918
560,000
GENERAL NOTE:
PBC Reimburse Bus
Shelters Interest Miscellaneous Grants
250,000 8,796 7,500 39,413
250,000 8,000
The financial reports are formatted for management’s use and, as such; generally do not include all the
classifications, accruals and footnotes which would accompany fiscal year-end reporting. The Balance
Sheet for this fund is reported on page 24 and the Revenues and Expenditures are reported on page 26.
The budgetary comparison charts are exclusive of transfers.
ASSETS
Accounts Receivable $45,898 - This amount consists of Local Option Gas Tax revenues due from
the State of Florida.
REWNUES
Budgetary Comparison of Revenues - Local Option Gas Tax
as of June 30,2005
600,000
500,000
400,000
300,000
200,000
100,000
*Actual
1
Total Revenue $705,627 - Revenues through the third quarter of the fiscal year are at 86% of
anticipated revenues excluding fund balance carry-forward. We received the $250,000 from Palm
Beach County which was expended on the MacArthur Blvd. Project. Reimbursement from Palm
Beach County in the amount of $7,500 for the completed Lakeside bus shelter has been received
as well as $39,413 from FDOT for street lighting.
32
EXPENDITURES
Budgotpry Comparison of Expenditunr - Local Gas Tax Fund
as of Junr 30,2005
I Tmroatrtion
Total Expenditures $846,988 - Expenditures for the third quarter total $491,357 for
Transportation and $355,630 as Capital Outlay and represent approximately 85% of total
budget. These expenditures include $280,826 for MacArthur Blvd. beautification,
$59,829 Roadway/Sidewalk resurfacing & plan, $1 1,215 the Swale Restoration Project,
and $3,760 for Public Works Butler Building. For a complete list of projects budgeted in
the Gas Tax Fund, along with the status of each, please refer to the Capital Improvement
Projects (CIP) Update section of this report.
RECREATION SPECIAL REVENUE FUND 104 ANALYSIS
GENERAL NOTE:
The financial reports are formatted for management’s use and, as such; generally do not include
all the classifications, accruals and footnotes which would accompany fiscal year-end reporting.
The Balance Sheet for this fund is reported on page 24 and the Revenues and Expenditures are
reported on page 26. The budgetary comparison charts are exclusive of transfers.
REWNUES
Budgetary Comparison of Revenues - Recreation Programs
as of June 30,2005
1,800,000
1,600,000
1,400,000
1,200,000
1 .000,000
800,000
600,000
400.000
200.000
.Actual
Charges for services Interest Miscellaneous
1,446,869 1,173 25,077
1,775,800 . 1,500
Total Revenues $1,473,119 - Charges for Services consist of Programs $505,259,
Administrative Resources $61,971, Athletics & Special Facilities $326,153, Recreation
Youth Enrichment $3 14,065, and Tennis $239,42 1. Miscellaneous Revenue represents
funds collected by Gardens Cheerleading. Overall, revenues are approximately 83% of
budget for the period ending June 30,2005.
34
EXPENDITURES
Budgetary Comparison of Exponditunr - Rocreation Program
as of Junr 30,2005
0 Total Expenditures $l,O 76,739 - Recreation Program expenditures are approximately
62% for the third quarter, which does not include transfers. The $1,956 capital outlay was
for audio equipment. These expenditures are in line since summer camp program
expenditures wrap up in the 4th quarter.
35
CAPITAL PROJECTS FUND ANALYSIS
GENERAL NOTE:
The financial reports are formatted for management's use and, as such; generally do not include
all the classifications, accruals and footnotes which would accompany fiscal year-end reporting.
The Balance Sheets for these funds are reported on pages 23 & 24 and the Revenues and
Expenditures are reported on pages 25 & 26. The budgetary comparison charts are exclusive of
transfers.
LUBILITIES
Road Impact Fund 305 -Deferred Revenue $3,812,348 - This figure represents the build
out administrative time extension. To date, $739,659 has been drawn down for the
following projects: Mirasol PCD, Gables PCD, Frenchman's Reserve, PGA Commons
PUD Phase 2, Mirasol Walk, PUD and Donald Ross Village.
REVENUES
Budgetary Comparison of Revenues - Impact Fees
88 of June 30.2005
e
e
Total Impact Fee Revenues - Impact Fee Revenue totals $4,757,722 for the quarter
ending June 30,2005 or 104% of anticipated revenues.
Significant Revenues - Gables at Northlake, the 450 multifamily, 200 single family and
146 assisted living units pulled 86 single and multifamily permits during the 3rd quarter
totaling $364,000 in Impact Fee Revenue. Other significant impact fee revenue: Bascom
Palmer's commercial permit $123,327; Gardens Mall $36,325; and Old Palm $73,978.
36
EXPENDITURES
Budgetary Comparison of Expenditures - Impact Funds
as of June 30,2005
8,000.000
7,000,000
6.000,000
5,000,000
4,000,000
3,000,000
2,000,000
a
a
e
Recreation Impact Fund 301 - $2,050,739 -. Improvements for this find include the
third phase of the Bums Road Community Recreation Campus, Aquatic Complex,
Thompson River Linear Park, Lilac Park Phase I and Dog Park, City Park Phase I1 and
Ilex Circle. We are only at 28% of budget as of June 30, 2005 the BRCRC Expansion
expenditures are projected for the 4'h quarter.
Road Impact Fund 305 - $10,911 - $8,944 is an advance to the developer on behalf of
the South Florida Blood Bank and $1,967 for LBFH Engineering review.
Police Impact Fund 302 - $114,001 - These expenditures include the annual installment
to Open Software Solutions, Inc. for the police computer aided dispatching, records
managements system and mobile computer application software. There was also a
purchase for a Mobile Command Vehicle from Broward County Sheriffs Office. Other
computer and software related purchases are: Cross Match Fingerprint System with
scanner and supplies $1 3,500; Crystal Enterprise Report Writing Licenses $3,750; and
100 additional Microsoft Licenses for $23,004. We are only at 29% of budget as of June
30,2005.
Fire Impact Fund 303 - $431,650 - The final payment of $295,476 was made in
December for a purchase order that was carried forward from FY04 for Scott Nexgen
Airpaks self-contained breathing apparatuses and equipment. The remaining $28,324
was for breathing air compressors and fill stations. We are at 64% of budget as of June
30,2005.
37
0 Art Impact Fund 304 - $56,250 - These expenses are for the PGA Flyover Sculptures
project. We’ve extended our agreement with Joel Straus Consulting per Resolution 26,
2005 for unexpected delays until November 30,2006. He is our tower art consultant and
has been paid $17,118 to date. Ross Sculpture Design Studio, Wendy Ross the artist has
been paid $32,792 to date for this project. We are only at 14% of budget as of June 30,
2005.
PGA Flyover Capital Projects Fund 308 - $290,643 - Our obligations for debt service
payments on the Series 2001 Revenue Bonds have been met for this fiscal year. We are
at 48% of budget as of June 30,2005. The other expenditure from this fund has been to
Government Services Group for their continuing services regarding calculation of
assessment totaling $7,500.
0 Burns Road Improvements Fund 309 - $811,899 - We’ve met our obligation for debt
service payments for this fiscal year. The following improvements have also been made:
BRCC Monument Sign, irrigation and sidewalk repairs along Burns Road and Alamanda
School Entrance and signal installation at Burns and Allamanda. We are only at 74% of
budget as of June 30,2005. Please refer to the (CIP) section of this report for a complete
update on the Burns Road Improvements.
38
PROPRIETARY FUNDS ANALYSIS
GENERAL NOTE:
The financial reports are formatted for management’s use and, as such; generally do not include
all the classifications, accruals and footnotes which would accompany fiscal year-end reporting.
The Statement of Net Assets for this fund is reported on page 28 and the Revenues and
Expenditures are reported on page 29. The budgetary comparison charts are exclusive of
transfers.
Budgetary Comparison of Revenuer - Proprietaty Funds
as of June 30,2005
c
L
Goy Course Fund 401 - $1,115,799 - Represent approximately 8 1 % of projected budget
for the period ending June 30,2005.
Fleet Maintenance Fund 501 - $2,075,519 - Represent 70% of projected budget for the
period ending June 30,2005.
39
EXPENSES
mmu I 1,862,837
awl 1,830,700
Budgotay Comprhon of Exponditurn - Proprietary Funds
as of JUM 30,2005
1,m,w2
2,076,454
I
I I
-1 I
Golf Course Fund 401 - $1,662,837 -Total Golf expenses represent 90% of projected
budget for the third quarter.
Fleet Maintenance Fund 501 - $1,680,032 - Total Fleet Maintenance expenses represent
81% of projected budget for the third quarter. Other than Personnel Services, our main
expenditures in this fund are Fuel and Lubrications and Debt Service payments for police
vehicles.
40
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 15,2005
Meeting Date: October 6,2005
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
Public Hearing and Second Reading: A request by 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 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; and (2) a Conditional Use approval for the expanded Christ Fellowship Campus. 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
Public Hearing and Second Reading: An amendment to the Christ Fellowship South Campus to allow for
modifications to certain previously imposed conditions of approval and to provide for new 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
[ 1 Recommendation to DENY d Reviewed by:
City Attorney.
Christine Tatu
Finance N/A
Development
Compliance
Bahareh Keshavarz-Wolfs,
AlCP n
Approved By:
Originating Dept.:
Project
Manager
Planning Manager
[XI Quasi - Judicial
[ 3 Legislative
[XI Public Hearing
Advertised:
Date: September 2 I, 2005
Paper: Palm Beach Post
[XI Required
[ ] Not Required
Affected Parties:
[XI Notified
[ ] Not Required
FINANCE: N/A
costs: $a
Total
$3
Current FY
Funding Source:
[ ] 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, 1999
Ordinance 34. 1999
CC Action:
Approved
App. w/ conditions
Denied
Rec. approval
Rec. app. w/ conds.
[ ] Rec. Denial
[ ] 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
Development Plans
Renderings
Ordinance 18,2005
Resolution 83, 2005
Ordinance 19,2005
Resolution 84.2005
Date Prepared: September 15,2005
Meeting Date: October 6,2005
Ordinance 18,2005/Resolution 83,2005
Ordinance 19,2005/Resolution 84,2005
EXECUTIVE SUMMARY
The subject petition involves a request by Christ Fellowship Church (the “Church”) for the
following:
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 existing
North Campus into the PUD to facilitate the development of a 159,180 square-foot
expansion to the North Campus.
(Staffis recommending APPRO VAL of this request with conditions and waivers.)
2) A 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.)
*****
NOTE: It is important to note that, prior to Second Reading for the subject petition, the applicant
had requested the following:
*:* 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.
The applicant has withdrawn this portion of the request from the application. However,
staff is proposing certain modifications to previously imposed conditions of approval, as
well as several new conditions, in an effort protect the quality of life of the surrounding
neighborhoods.
*:* 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.
The applicant has withdrawn this portion of the request from the application. However,
staff is proposing certain modifications to previously imposed conditions of approval, as
well as new conditions, in an effort protect the quality of life of the surrounding
neighborhoods.
2
Date Prepared: September 15,2005
Meeting Date: October 6,2005
Ordinance 18,2005/Resolution 83,2005
Ordinance 19,2005/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. The adopted ordinance and
resolution were subsequently amended by Resolution 13, 199 1 ; 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).
Resolution 13, 1991 provided site plan approval therefor.
North Campus
The Chst 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 zoning districts only.
Previously Imposed Conditions of Approval
(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: September 15,2005
Meeting Date: October 6,2005
Ordinance l8,2005/Resolution 83,2005
Ordinance 19,2005/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 and 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.
NORTH CAMPUS EXPANSION AND CONDITIONAL USE APPROVAL
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 (RL1) underlying zoning designation and is not 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.
4
Date Prepared: September 15,2005
Meeting Date: October 6,2005
Ordinance 18,2005/Resolution 83,2005
Ordinance 19,2005/Resolution 84,2005
AMENDMENT TO SOUTH CAMPUS
As previously stated, prior to Second Reading for the subject petition, the applicant had requested
the deletion of certain conditions of approval on the South Campus. The applicant has withdrawn
this portion of the request from the application. However, staff is proposing certain modifications
to previously imposed conditions of approval, as well as new conditions, in an effort protect the
quality of life of the surrounding neighborhoods (please see attached Resolution 84, 2005).
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
II Subiect ProDerty
Existing North Campus; Vacant Residential Low (RL) w/PUD Overlay;
Planned Development . Area ’I
(PDN
Residential Low3 (RL-3)
w/PUD Overlay Residential Low (RL) North
The Hunt Club Residential PUD
South Residential Low-3 (RL-3)
Church of the Nazarene; Christ Fellowship South Campus; w/Conditional Use Overlay; Residential Low (RL)
Horseshoe Acres Residential Estates
PBC Professional Office
(PO); PBC Agricultural
Residential (AR) with
Soecial Exceotion (SE)
PBC Institutional (INST)
w/underlying of High
Residential 8 (HR-8); Low
Residential (LR- 1)
East
PB County Senior Center/ Christ Fellowship Special Needs
Center & Place of Hope
Residential Low-3 (RL-3) Low (RLl West
Cypress Hollow PUD w/PUD Overlay
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 21,000 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
5
Date Prepared: September 15,2005
Meeting Date: October 6,2005
Ordinance l8,2005/Resolution 83,2005
Ordinance I9,2005/Resolution 84,2005
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:
(a) 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.
(b) 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
andor City Engineer as appropriate for traffic operations.
(c) 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 I11 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, right-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 ministqdmultipurpose” room, a “commons” area, a “choir suite,” a
kitchen, several “ministry training” rooms, a “youth department,” and a significant amount of
office space.
Phase I11 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 Design
The proposed design of the East 20 Acres mirrors the design of the existing North Campus. The
6
Date Prepared: September 15,2005
Meeting Date: October 6,2005
Ordinance I8,2005/Resolution 83,2005
Ordinance I9,2005/Resolution 84,2005
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 111 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
same has been included in the approving resolution.
Architecture
The proposed architecture is generally consistent with the existing North Campus architecture in
many aspects (ie. 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
7
Date Prepared: September 15,2005
Meeting Date: October 6,2005
Ordinance 18,2005/Resolution 83,2005
Ordinance 19,2005/Resolution 84,2005
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.
LandscapindBu ffering
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
continue this landscape theme along the entire northern border.
Utilitv Lines Along 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 simificantlv 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 78-5 10 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,
8
Date Prepared: September 15,2005
Meeting Date: October 6,2005
Ordinance I8,2005/Resolution 83,2005
Ordinance I9,2005/Resolution 84,2005
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.
Parkinz
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
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 78-1596) 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.
9
Date Prepared: September 15,2005
Meeting Date: October 6,2005
Ordinance I8,2005/Resolution 83,2005
Ordinance I9,2005/Resolution 84,2005
Signage
The applicant is proposing two (2) additional monument signs to be located on both sides of the
new easternmost entrance, for a total of four (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.
Lightinx
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 78-1 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 the following districts: CG-1, CG-2, P/I,
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;
4. Religious merchandise or merchandise related to the operation of the house of worship may
be sold in 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.
10
Date Prepared: September 15,2005
Meeting Date: October 6, 2005
Ordinance I8,2005/Resolution 83,2005
Ordinance I9,2005/Resolution 84,2005
Project Name
Places of Worship in Palm Beach Gardens I Conditional I Total Approved I Approved
Use Square footage I Number of seats
Temple Beth David
Trinity Methodist Church
Tropical Sands
Yes 23,118 250
Yes 265,000* 2400*
Yes 8,132 400
*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
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.
WAIVERS
The applicant is requesting approval of the following five (5) waivers:
(The remainder of this page was intentionally left blank.)
11
Date Prepared: September 15,2005
Meeting Date: October 6,2005
Ordinance 18,2005/Resolution 83,2005
Ordinance 19,2005/Resolution 84,2005
Required
SUMMARY OF REQUESTED WAIVERS
Provided Recommendation Code Section
One (1) landscape
island every nine (9)
parking spaces
93
Section 78-3 15(b) of the City’s LDR’s,
entitled Landscape Islands
Section 78-414 of the City’s LDRs,
entitled Number of spaces required
(Bicycle Parking)
Section 78-141 of the City’s LDRs,
entitled Residential zoning district
regulations
More than nine (9)
a landscape island
parking spaces w/out Approval (1)
48 Approval (2)
Section 78-159u)(49) of the City’s LDRs,
entitled Additional standards
Max Building Height:
36 feet
Section 78-344 (1)( l), entitled Minimum
dimensions (of off-street parking)
CommonsIStudent
Ministry Building:
38’-10” max mean
height of roof
Max 50% of required
parking permitted to
be grassed parking
v
59% of required
parking grassed Approval (4)
Approval (3)
I Approval (5) I 777 spaces at 9.5’
wide 10’ wide
1. Waiver from Section 78-3 15(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. 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
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.
12
Date Prepared: September 15,2005
Meeting Date: October 6,2005
Ordinance I8,2005/Resolution 83,2005
Ordinance l9,2005/Resolution 84,2005
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 Analvsis: 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 Q of the roof of the proposed building is
approximately 44 feet. Staff recommends APPROVAL of the waiver request.
4. Waiver from Section 78-1590)(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 11 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 Analvsis: 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)(1), entitled Minimum dimensions (of off-street
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
13
Date Prepared: September 15,2005
Meeting Date: October 6,2005
Ordinance 18,2005/Resolution 83,2005
Ordinance 19,2005/Resolution 84,2005
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 Analysis: 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.
*:* 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
14
Date Prepared: September 15,2005
Meeting Date: October 6,2005
Ordinance 18,2005/Resolution 83,2005
Ordinance 19,2005/Resolution 84,2005
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
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.
At its regular meeting on August 18, 2005, the City Council held a workshop to discuss the
proposed development plans. The following concerns relative to the project were identified by the
City Council (It is important to note that as of the date of the preparation of this report, the applicant
15
Date Prepared: September 15,2005
Meeting Date: October 6,2005
Ordinance 18,2005/Resolution 83,2005
Ordinance I9,2005/Resolution 84,2005
stated that there were no changes to the application or the development plans presented to the
Council at the Workshop, with the exception of the applicant’s withdrawal of the portion of the
request relating to the deletion of certain previously imposed conditions of approval):
*:* No buildings on site should be used as overflow for sermons conducted in the Sanctuary.
Staff Analysis: Staff has included a condition of approval to prohibit the same.
+:+ The Church’s operation should be designed such that all people on site are not exiting the
site at the same time.
Staff Analysis: Staff has advised the applicant to address this concern at Second Reading.
*:* The South Campus should not be used for overflow parking for the North Campus.
Staff Analysis: Staff has included a condition of approval to prohibit the same.
*:* There should not be simultaneous services on the North and South Campus.
Staff Analysis: Staff has included a condition of approval to prohibit the same.
*:* During the off-peak hours of the Church, parking should be restricted in the parking areas
closest to the Hunt Club Residential Development.
Staff Analysis: Staff has included a condition of approval to require the same.
*:* Extensive landscape buffers should be provided along the property lines adjacent to the Hunt
Club and Cypress Hollow residential neighborhoods.
Staff Analysis: As of the date of the preparation of this report, there had been no changes to
the landscape buffers that were presented at the Workshop hearing. Staff has advised the
applicant to address this concern at Second Reading.
*:* The petitioner should provide a schedule demonstrating how each of the church buildings
and the rooms therein will be utilized throughout a typical week.
Staff Analysis: Staff has advised the applicant to address this concern at Second Reading.
*:* Once the new structures are built, there should be a traffic study performed to determine the
efficiency of the traffic operations at the site (i.e. traffic flow into and out of the site, traffic
flow along Northlake, etc.).
Staff Analysis: Staff has included a condition of approval requiring a traffic study to be
submitted within six (6) months of the issuance of the Certificate of Completion for the new
parking areas on the East 20 Acres.
*:+ The applicant should investigate the feasibility of installing an additional westbound right
turn lane at the intersection of Northlake Boulevard and Military Trail.
16
Date Prepared: September 15,2005
Meeting Date: October 6,2005
Ordinance 18,2005/Resolution 83,2005
Ordinance t9,2005/Resolution 84,2005
Staff Analysis: Staff has advised the applicant to address this concern at Second Reading.
*:* The Council asked what would be considered a “special event” at the Church.
Staff Analysis: A special event is defined in the City’s LDRs as “a temporary meeting,
activity, gathering, or group of persons, animals, or vehicles, or a combination thereof,
having a common purpose, design or goal upon any public or private facility, street,
sidewalk, alley, park, public or private area or building where the special event substantially
inhibits the usual flow of pedestrian or vehicular traffic, and is not the type approved for, or
customarily associated with, the site upon which the event is located, and is not a normal
business sale event or similar activity for commercial and/or office establishments. A special
event shall include, but not be limited to, city sponsored and co-sponsored events, festivals,
carnivals, concerts, parades, walks, races, banner and sign exhibits related to a special event,
fund raising sales and similar gatherings, block parties, grand opening promotions.”
*:* The new proposed development on the North Campus should be considered, not a Church,
but a lifestyle center.
STAFF ANALYSIS
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 within the City. 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 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
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
certain previously imposed conditions of approval, as reflected in Resolution 83,2005.
17
Date Prepared: September 15,2005
Meeting Date: October 6,2005
Ordinance l8,2005/Resolution 83,2005
Ordinance l9,2005/Resolution 84,2005
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 modifications to certain previously imposed conditions of approval and to provide for
new conditions of approval, as reflected in the attached Resolution 84,2005.
18
CONDITIONAL USE ANALYSIS
City of Palm Beach Gardens LDR Section 78-52
(1) Comprehensive plan. The proposed use is consistent with comprehensive plan.
StaffAnaZysis: 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 Analysis: 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, P/I, 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. There will be no increase in the number of seats allowed
within the Sanctuary by way of this petition. Staff has included conditions of approval that maintain
the spirit and intent of the Sanctuary’s capacity at 1,750.
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.
StafAnalysis: See previous Staff Analysis.
(4) Public welfare. The proposed use provides for the public health, safety, and welfare
by:
a.
b.
c.
d.
Providing for a safe and effective means of pedestrian access;
Providing for a safe and effective means of vehicular ingress and egress;
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.
Staff Analysis: 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;
g. Waste disposal and recycling;
h.
Ground-, wall-, or roof-mounted mechanical equipment;
Perimeter, interior, and security lighting;
Outdoor storage of merchandise and vehicles;
2
i. Visual impact; and
j. Hours of operation.
StaffAnalvsis: 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 absorbingdampening 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.
Staff Analysis: 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.
StaffAnalysis: 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.
StaffAnalysis: 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.
Staff Analysis: The existing North Campus received development approval from 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.
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
3
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.
Staff Analvsis: 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.
Staff Analysis: 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.
Staff Analysis: 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 absorbing/dampening 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
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.
4
(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
ORDINANCE 20,1997 5/1/97
9/5/97
1 011 6/97
11/6/97
11/20/97
AN ORDINANCX OF THE CITY COUNCIL OF THE CITY 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 UNXT
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 from 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 ORDAMD BY THE CITY COUNCIL OF TKE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1 a 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 shail have been
prepared, approved by City Council, and recorded in the public records of Palm
Beach County.
Ordinance 20,1997
Page 2
2. Prior to the issuance of the frrst Building Permit, all necessary permits shall have
been obtained from South Florida Water Management District, Health and
Rehabilitative Services, and Palm Beach County.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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 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.
8. All applicable municipal and county impact fees shall be payable
contemporaneous with issuance of the first Building Permit.
9. 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.
10. The owner or successor shall utilize police or equally trained oficials at all
ingress and egress points along Northlake Boulevard for the management of
Ordinance 20,1997
Page 3
11.
12.
13.
14.
15.
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 traflic control period.
The four traffic lanes located at the western portion of the site which provide
access to/fkom 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 (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.
The number of fixed andor moveable seats within the sanctuary shall at no time
exceed 1,750.
Prior to the issuance of the first building permit, the petitioner shall submit a
revised lighting photometric plan, indicating a maximum 20-foot high light poles,
for the City’s approval.
Prior to the issuance of the Certificate of Occupancy, the petitioner shall erect a 6-
foot wall along the site’s northern property lie.
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 shdl 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 .O
October 1, 1997 Architectural Elevations, Glen Pate & Associates, Sheets A-1.0 through A-
3.0
October 28,1997 Conceptual Floor Plan and Section, Glen Patte & 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, KimIey-Horn and Associates, Sheet C-1 .O
SECTION 4. This Ordinance shall be effective upon adoption.
,1997.
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t\ *i &a _. / %* -- (:..*-
VICE MAYOR LAUREN FURTADO CO~ILMAN E% JABLIN
- COUNCILMAN DAVID CLARK
ATTEST: APPROVED AS TO LEGAL FORM AND
LINDA V. KOSIER CMC, CITY CLERK SUFFICIENCY.
VOTE: AYE NAY ABSENT r/
r/
COUNCILWOMAN MONROE - I/
COUNCILMAN JABLIN
MAYOR RUSSO ---
VICE MAYOR FURTADO ---
c/- --
COUNCILMAN CLARK J.--
G:\SHORTR-1 PUD9604.OR
CITY OF PALM BEACH GARDENS
10!500 N. MILITARY TRAIL PALM BEACH GARDENS. FLORIDA -le4696
November 24, t 997
Pastor Thomas D. Mullins
Christ Fellowship Church
53 12 Northlake Boulevard
Palm Beach Gardens, Florida 334 10
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,
c/ 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
South Florida Water Management District. Health and Rehabilitative from ci~w ra In T m a uA’ rV
Services. and Palm Beach County.
A
B. Amend Section 2, condition #3, by inserting at the beginning of the sentence “prior to the
issuance of the frrst 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 deficiency”; 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 YJpon 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 may reauire the parking area to be
totallv or partiallv paved within one-hundred-fifty (1 50) days of receiFt 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.
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 ZGE-GG%C~ 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 sanctuaty and related facilities and surroundine grounds shall be used by
members only for regular& scheduled services. including services on Chrishnas 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 anv 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 Saturdav 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. phonograph-
or similar sound amplifying device to emit anv form of sound outside the church sanctuary and
related facilities. -
1. Amend Section 2, by adding a new condition # 10, which reads as follows:
10. The owner or successor shall utilize police or eauallv trained officials at all ingress and
egress -mints along Northlake Boulevard for the management of traffic flow and direction before and
after all events. including regularlv scheduled events. The petitioner shall maintain a minimum of
three (3) dice or equally trained officials at all times for the direction and contol of traflic entering
and exitkg the site. As a guideline. tr&ic 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 #11, which reads as follows:
1 1. The four Wic 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 (-1) lane: egress shall be provided via two f2) 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 (2) 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 andor 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 permit. the petitioner shall submit a revised
lighting photometric plan. indicating a maximum 20-foot high light poles. for the City’s approval.
M, Amend Section 2, by adding a new condition #14. which reads as folfows:
14. Prior to the issuance of the Certificate of Occupancv. the Fetitioner 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 parkin3 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 .O
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.
\eat
Amendment 1 to Ordinance 20,1997
Page 4
G :\SHORTR- 1 \PUD96 04.0A3
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 fiom Christ Fellowship Inc. to amend
Ordinance 20, 1997 to provide for minor changes in the elevations of Buildings A, B and C and to
the floor plan of Building A within the Christ Fellowship Planned Unit Development; and
WHEREAS, Christ Fellowship was approved by Ordinance 20,1997; and
WHEREAS, the City’s Growth Management Department has determined that this request is
minor in nature; and
WHEREAS, the City’s Growth Management Department has determined that approval of
said application is consistent with the City’s Comprehensive Plan and Land Development
Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, approves an
amendment to ordinance 20, 1997 to provide for minor changes in the elevations and floor plans of
Buildings A, B and C within the Christ Fellowship Planned Unit Development.
SECTION 2. Said approval shall be subject to the following conditions, which shall be the
responsibility of the applicant, its successors andor assigns:
1. All of the conditions fiom 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 sermons conducted in the Sanctuary. (Code Enforcement)
I
3. Simultaneous broadcasts of presentations, programs, or sermons conducted in the Sanctuary i
to any remote location, on-site or off-site, shall be prohibited. (Code Enforcement)
Building A shall be limited to a capacity of 452 people. (Code Enforcement)
I
I
4.
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, GIenn 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 READING THIS 17"' DAY OF June 1999.
PLACED ON SECOND READING THIS /.f DAY OF
INTRODUCED, PASSED AND ADOPTED
-
1999.
.1999.
-. *ICE MAYOR LAUkEN FURTADO CO-p
ATTEST: APPROVED AS TO LEGAL, FORM I
LINDA .K SIER,CMC,CITY C IUS A SUFFICIENC .
B$& %& c&dLij&@& Y ATTORNEY I
2
VOTE: AYE NAY ABSENT MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN CLARK
-- --
COUNCILMAN JABLIN -- --
\\MAINSERVER\COMPROG\SholtRangcUMISC9909 RE doc
3
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I
I
I
I
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 appearemado who on oath says that
he is Classified Advertising Supervisor of The Palm Beach Post, a dady 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
contmuously 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 afliant further says that shdhe has neither paid nor promised any
person, firm or corporahon any discount rebate, commission or refund for the purpose of
secunng this advertisement for publication in the said newsp per p.W-
Sworn to and subscnbed before tius 30 day of June, A.D. 1899
Personally known )(x or Produced Identification
Type of IdenufiGon Produced
I NO. 687790
I N0;lCE OF PUBLIC HEARIw(
BY THE CITY COUNCIL ClTV OF
PALY BEACH QARDENS . STATE OF FLORIDA PIEASE TAKE NOTICE thc thZW Councd of tha ab a .Pdm Ouch Qudana Florld~ dU 1099, on at Thuraday P.U.'O*CI~~L, hy IC a
a8 won Uwraaftmr am can b, hehd. at tha Yunlclp.1 Corn
.Nwth plax.Bulldina YIItrry locatd Trail at 106~1 Pain
Ba.ch Oardana Florlia. con ,dust a publk hhng on an1 tharaanar consldar final rard
In# -of pa foliowlng Ordl nantu
'ORDINANCE 23, lDD0 AN ORDINANCE OF THE Cm
COUNCIL OF THE CITY 01 PALM BEACH OARDENS FLORIDA, PROVAL OF PROVDINQ AN AMENDWENl FOR AP
TO3llDINA)(CE30Z 1997. TC PRbWDE FOR Luwo(
TIM AND FLOOR PLANS of
PLANNED UNIT DEWLOC YEW, PROVlDlNQ FOR COW
MTIONS OF APPROVAL: AND PROWDIN0 FOR AN EFFEG TlVE DATE.
All marnbara of tha publtc are f~gu.otad lo attend and par.
PropoHd Ordlnanca my b. -tad by mombora of tha
PubAa in tha Offlca of ma C(ty Ctwk loeatad at tha Yunlclpd
lu bwnW houri Monday 4 thouoh 3Q P m Frlday. I axeapt 860 for houdayr. 1-11) .
PLEASE TME NOTICE AND BE ADWSEO. that It MY intar
*artad pman daakr to ap Pd any d.cWon mada by tha Councli, with rampact to any mattar eonrldarad at thla k..rlng. much Intarastad par
UM. 111 mad a racord of th.
~roeam~inga. and for auch w- Pow varb.&n may racord wad to of MUW UH pro. a
aaadlnga la nuda, wNch re Cold tnciuda8 tk. Iaatlmony
and erldmca upon which th. ' Wpul 11 lo ba baud UNDA V KOSILR. tyc
ClTl CLERK UTTOF PALM BEACH GARDENS PUBUBH: Juna 50. ID00
.-
CHANGES m THE ELEVA
;BULDINGB THE CHRIST A, 8. FELLOWSHIP AND c IN
tlclPata In mild maabng Sald
WPkl Bulldhg during rag*
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December 3, 1990
December 20, 1990
OHIINANCE 30, 1990
AN ORDINANCE OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, REZONING LANDS DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO UNDER THE CURRENT
PALM BEACH COUNTY ZONING DESIGNATION OF
AGRICULTURAL RESIDENTIAL, WITH A SPECIAL
EXCEPTION ALLOWING EXPANSION OF EXISTING
COMMERCIAL HORSE STABLES 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; 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.
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 "A" attached hereto, under the current
Palm Beach County Zoning designation of Agricultural Residential
with a special exception allowing expansion of existing
commercial horse stables are hereby rezoned to the City's zoning
classification RS-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 ii~i' 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. /
/ -. d,',,c , ,' /', / J' ' /, L--
MAYOR MARTINO
VICE MAYOR ALDRED
CITY ATTORNEY
RESOLUTION 13, 1991
January 30, 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 The following conditions shall be part of
the development plan:
1.
2.
3.
4.
5.
The church and caretaker's residence shall tie into
potable water service prior to the issuance of the
first Certificate of Occupancy; and, within 180 days
after sewer lines become available to the subject
property, the church and caretaker's residence shall
tie into them.
The petitioner shall obtain a grading and drainage
permit from Northern Palm Beach County Water Control
District. A Grading Plan will be required if the slope
or top of bank is regraded or if the exotics are
removed.
If the City finds that maintenance of the grass parking
area is in disrepair or poor appearance, the City shall
notify the property owner that within 30 days of said
notice the deficiencies shall be rectified. Should the
deficiencies not be corrected within said 30 days, the
City may require the parking area to be totally paved
to City standards within 150 days upon notification.
Subsequent phases and expansions shall comply with all applicable re lations, including the removal of all exotica on ai r e.
Prior to issuance of the first Certificate of Occupan-
cy, site lighting shall be reviewed and approved by
the Police Department.
1
6. A dumpster (3' tall, 3' deep, 6-1' 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.
shall be erected on three sides of the dumpster with
two St(minimum) gates.
8. 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 (MAE 409 160)
permitted at a maximum of 20t, 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.
7. A 6' fence or wall (to match the church exterior)
9. Lighting along the westerly property line shall be
Section 3- This Resolution shall be effective upon
date of passage.
f4 INTRODUCED, PASSED AND ADOPTED THIS THE 7 DAY OF FEBRUARY,
1991.
MICHAEL MARTINO, MAYOR
ATTEST :
&fldM>&W% , KOSIER, CITY CLE
2
Regulations.
WHEREAS, the Site Plan Appearance & Review Committee of the City of Palm Beach
Gardens has recommended approval of said petition, with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves
an amendment to Resolution 13, 1991 approving a site plan for the development known as “Christ
Fellowship” located on 5.43 acres approximately 3/4 mile west of Military Trail on the south side
of Northlake Boulevard, as more particularly described in Exhibit “A” attached hereto, to construct
drainage facilities, additional parking, and other infrastructure improvements.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby approves
an amendment to Resolution 4, 1997 to extend the expiration date of the approval granted by that
resolution until the granting of the Certificate of Occupancy for the sanctuary on Christ Fellowship’s
new campus on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as
amended) or until January 1,2000, whichever shall first occur.
SECTION 3. Said approval shall be subject to the following conditions, which shall be the
responsibility of the applicant, its successors and/or assigns:
1. The Conditions of Approval of Resolution 13, 1991 remain in effect. (Development
Compliance Officer)
2. Within 30 days of the adoption of this resolution, the petitioner shall:
A. Remove the 15 parking spaces on the basketball court. (Development Compliance
Officer)
B. Install the new landscaping which is shown on the Phase 2 (Proposed Landscape)
Plan except for areas of the site which are subject to new construction for drainage
facilities. Landscaping in drainage construction areas shall be installed within 30
days of the completion of that construction. (Development Compliance Officer)
3. Within 30 days of the issuance of the Certificate of Occupancy for the sanctuary on
Christ Fellowship’s new campus on the north side of Northlake Boulevard (as referenced in
Ordinance 20, 1997 as amended) or on January 2, 2000, whichever shall first occur, the
petitioner shall:
A. Close the access point between this site and the Church of the Nazarene to the
west.
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
CITY ATTORNEY
BY: v
VOTE:
MAYOR RUSSO AYE NAY ABSENT J - J - --- VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK I/
J- -
COUNCILMAN SABATELLO 7--
June 24,1999
June 30,1999
July 2,1999
August 27,1999
ORDINANCE 34,1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING
ORDINANCE 30, 1990 WHICH APPROVED A
CONDITIONAL USE, TO ALLOW AN INCREASE IN THE
MAXIMUM OCCUPANCY AT THE SITE KNOWN AS
“CHRIST FELLOWSHIP” WHICH IS GENERALLY
LOCATED ON THE SOUTH SIDE OF NORTHLAKE
BOULEVARD WEST OF MILITARY TRAIL, AND TO
AMEND THE APPROVED USE OF THE RESIDENCE
BUILDING TO A YOUTH CENTER; PROVIDING FOR
CONDITIONS OF APPROVAL; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has received an application from Christ Fellowship Inc. to amend
Ordinance 30, 1990 to allow an expansion of the conditional use and a change in use for the
residence to a youth center for a property more particularly described in Exhibit “A” (attached), and
WHEREAS, Christ Fellowship’s conditional use was approved by Ordinance 30, 1990, and
WHEREAS, Christ Fellowship’s site plan was approved by Resolution 13, 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
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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 sermons conducted at any remote location
to this site shall be prohibited. (Code Enforcement)
3. When determined to be necessary by the City of Palm Beach Gardens Police Department, the
petitioner or successor shall utilize police or equally trained officials in numbers determined by the
Police Department at all ingress and egress points along Northlake Boulevard for the management
of traffic flow and direction before and after events.(Code Enforcement, Police Department)
SECTION 5. Said approval shall be consistent with plans and documents on file with the
City’s Growth Management Department as follows:
1.
2.
June 7, 1999 Existing South Campus Site Plan, Glen Pate & Associates, Sheet SP 1 .O
August 5, I999 Future Phase 2 Site Plan, Glen Pate & Associates, Sheet SP 1 .O
SECTION 6. This Ordinance shall be effective upon adoption.
/ H
PLACED ON SECOND READING THIS PIAyoF /d &- PLACED ON FIRST READING THIS
D ADOPTED THIS /k DAY 0
v VICE MAYOR"
COUNCILMA F- ARL SABATELLO
ATTEST :
LINDA V. KOSIEK ,CMC, CITY CLERK
1999
1999
1999
1 i ! !
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YOLJNCILMAN DAVID CLARK
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
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CITY ATTORNEY
V~TE: AYE NAY ABSENT
/ -- MAYOR RUSSO
/ VICE MAYOR FURTADO --
COUNCILMAN SABATELLO --
COUNCILMAN JABLIN -- COUNCILMAN CLARK --
w -
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gfshort. sp9703.or.doc
/jn&jl
6-09-1997 8: ./ ST NITED f3 P. d
Q. A
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
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
ORDINANCE 51,1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING
ORDINANCE 34,1999 TO ALLOW FOR AN EXTENSION OF
A DATE CERTAIN CONDITION OF APPROVAL RELATING
TO THE CALCULATION OF PARKING REQUIREMENTS
FROM JANUARY 2,2000 TO APRIL 1,2000 AT THE SITE
KNOWN AS “CHRIST FELLOWSHIP” WHICH IS
GENERALLY LOCATED ON THE SOUTH SIDE OF
NORTHLAKE BOULEVARD WEST OF MILITARY TRAIL;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received an application from Christ Fellowship Inc. to amend
Ordinance 34, 1999 to allow for an extension of the date certain of condition of approval # 1
(relating to the calculation of parking requirements) from January 2, 1999 to April 1 , 2000; and
WHEREAS, Christ Fellowship’s conditional use was approved by Ordinance 30, 1990; and
WHEREAS, Christ Fellowship’s conditional use was expanded and amended by Ordinance
34,1999, and
WHEREAS, the City’s Growth Management Department has determined that approval of
the requested amendment to Ordinance 34, 1999 is consistent with the City’s Comprehensive Plan
and Land Development Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves
Christ Fellowship Inc’s request for an extension of time and amends condition of approval # 1 as set
forth in section 4 of Ordinance 34, 1999 to read as follows:
1. Immediately upon the issuance of the Certificate of Occupancy for the new sanctuary for
Christ Fellowship on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997
as amended) or by .?--.lrt-,. 2 April 1, 2000, whichever occurs first, the minimum parking
requirement on this site shall be calculated at a rate of 1 space per 3 seats in the sanctuary. At that
time, one hundred and ninety-two of the seats in the sanctuary shall be permanently removed,
leaving a permanent occupancy of no more than 576 seats, and an affidavit shall be submitted to the
City by the petitioner affirming that the seating has been reduced to 576 or less.
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1 I SECTION 2. Said approval shall be consistent with documents on file with the City’s I
Growth Management Department as follows:
7
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
COUNCILwiRL SABATELLO
ATTESTED BY: APPROVED AS TO LEGAL FORM AND
C, CITY CLERK SUFFICIENCY.
eTY ATTORNEY
VOTE: AYE NAY ABSENT
11
d
-- MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
--
/
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-- cl --
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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, 199 1, 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 aa-k .?zzxzy 3 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 and/or assigns:
Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary
on the north campus of Christ Fellowship, shuttle bus or any other type of
transportation service between the north and south campuses shall cease.
SECTION 3. Said approval shall be consistent with documents on file with the City’s
Growth Management Department as follows:
1. Development Application stamped November 10, 1999,
SECTION 4. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED, AND ADOPTED
ATTEST: APPROVED AS TO LEGAL FORM AND
CITY ATTORNEY
VOTE: AYE NAY ABSENT - -- MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
L -- - -- - __-
__-
8
LAND DEVELOPMENT 0 78-159
I
(47) 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 .
(48) Veterinary office and clinic. Veterinary office and clinic excludes offices with kennels or
overnight boarding facilities unless soundproofed and approved as a conditional use.
(49) 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.
Typical uses associated with churches and places of worship include the follow-
b.
c.
ing:
1.
2.
3.
4.
5.
6.
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, fiaternal, social, civic,
charitable, and recreational programs;
Offices utilized for administrative purposes related to the operation of the
church or place of worship;
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.
d. 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.
e.
2.
Supp. No. 10 CD78: 143
0 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.
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 mail, sale of postal products via vending machines, and similar convenience
fUnCtiOnS.
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.
4.
5.
f.
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
OO~LJL~NG CIVIL ENGINEERS,
SURVEYORS &MAPPERS
QVIL
AGRICULTURAL
WATER RESOURCES
WATER & WASTEWATER
TRANSPORTATION
SURVEY & MAPPING
GIS
‘Tartners For Results
Value By Design”
3550 S.W. Corporate Pkwy,
Palm Gty, FL 34990
Fax (772) 286-3925
www.lbfh.com
(772) 286-3883
MEMORANDUM
A
TO: Michael Sanche
FROM: Judy A. T. Dye
DATE: March 17, 2005
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 February 22, 2005 pursuant to
the Palm Beach County Traffic Performance 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@,pbEfl.com)
Maria Tejera, P.E. - MTP Group (mtpmoup@,earthlink.net)
Masoud Atefi - PBCTD (matefi@,co.palm-beach.fl.us)
Don Hearing - Cotleur Hearing (don hearinn@,cotleur-hearing.com)
Doug Rhudy - Christ Fellowship (doug;rhudy@,cftoday.org)
f‘t5Tp EIQOp, !OC.
12798 Forest Hill Boulevard. Suito 303
Wellin tan, FL 33414 Phone: (SI) 795-0678 Telefsx: &@I) 795-0230
Cop): Masoud Atefi, MSCE
’ Yaim Beach Comty
To: Judy A. T, Dye
LBFH, hc.
From: Marfa M. Tcjera, P.E.
Date: March 15,2005
Palm Beach County and MTP Group have perfomled a coordinated review for he project
refmnced above. We have reviewed a letter prepared by Wey-Horn and Associates, Inc.
dated February 22, 2005. The letter includes responses to corncuts about a trait study dated
December 2,2004 which was prepared to address the following:
1 - A mc plan identifjhg tfaffic circulation during the peak hour of the church.
2. A traffic study evaluating hadway conditions dong the directly access segment of
Northlake Boulevard and at the intersection with Military Trdl during the peak-
hour of the church.
The study shows that during the peak hour of the church, both tbe ewtem and western driveways
are projected to operate at level of service ‘‘E’9 using Highway Capacity Manual p~ocedures. Using
a diffcrent methodology, Syncro, the level of service at both driveways is projected to be “Dp’. It
must be noted that these conditions are expected to occ\u Sunday be$wec=n 11 :OO a.m. and 12:OO
noon. Most likely, the levels of senice presented above would odj occur during 15 to 20
minutes.
“he analysis indicates the 11:45 a.m. Sunday service will be moved to 12:OO noon in order to
spread traffic during the peak hour of the church. Also, a traffic mwmgennent plan is discussed
in the Dccember 2,2004 tmfEc study.
P- 2 3-16-205 10:30AM FROM MTP GROUP INC WPB FL t1 561 7958230
Wc concur with the analysis presented and recommend the following:
1. Move the 11:45 am. Sunday senice to 12:OO n~oa
2. Include police control during ped periuds (e.g Swrday scrvice). Four policeman
are needed to control traffic along Northlakc Bonlevard (two on each driveway per
direction).
3. Provide tr&c circulation as included in the traffic analysis and attached os
Exhibits 1. and 2.
4. Monitor traffic conditions at the driveways as well as iriternal traffic circulation to-
minimize traffic impact to Northlakc Boulevard.
Should you need additional information, do not hesitate to coi-itact me at (561) 735-0678.
3- 1 6-205 1 8 : 3BAM FROM MTP GROUP INC WPB FL. -1-1 561 79582i0 P. 3
3-16-205 10:31AM FROM MTP GROUP IIK WPB FL t1 561
, 6, .
L
795822B P. 4
I
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C
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
(772) 286-3883
Fax (772) 286-3925
www.1bfh.com
MEMORANDUM
TO: Miohad
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) 799-428 1 w/attachment)
Maria Tejera, P.E. - MTP Group (mtpmoup@,earthlink.net w/o attachment)
Masoud Atefi - PBCTD (matefi@,co.palm-beach.fl.us w/o attachment)
Don Hearing - Cotleur Hearing (via fax (561) 747-1 377_w/attachment)
Doug Rhudy - Christ Fellowship (via fax 56 1-622-8445 w/attachment)
1-85-285 4:44PM FROM MTP GROUP INC WPB FL t1 561 7958238 P. 2
i .:
MTP Gmup, inc.
12798 Forest Hill Boulevard, Suite 303 Wellin on, FL 33414 Phone: (561) 795-0878 Tekfax: &I) 795-0230
To: Judy A. T. Dye LBFH, Inc.
Copy: Masoud Atefi, MSCE
Palm Beach County
&r From: Maria M. Tejera, P.E.
Date: January 5,2005
Subject: Christ Fellowship Church
Per your request, we have ixviewed a letter prepared by Kimley-Horn and Associates, Inc. dated
December 2,2004. This letter was prepared in response to comments dated November 10,2004
regarding the following analyses for the above subject property:
1. A traffic plan idmtifjhg 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 dety devices.
2. A gaffic study evaluating roadway 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.
8.
9.
Turning movement counts should be conducted at all project driveways to
determine both existing tr&ic 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 determine observed trip generation should be included in the
letter.
Project traffic assignment should be based on existing turning movement counts. While the letter indicates assigrunent was based on existing tuming movements,
turning movements at the eastern 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 summarizing existing ?E&C volumes and turning movemmts in a figure in order to expedite the review process.
Provide a figure clearly illustrating Sunday peak hour volumes at all 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 traRFic
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 Wc managment mitigation to expand the arrival
and departure times.
Should you need additional infimdon, do not hesitate to contact me at (561) 795-0678.
C Uhaunw nnd SlarngaUthW -WBa FSUOHaup Ch& WC Opm4rmraMsmo 2 wpd
CONSULTING CIVIL ENGINEERS,
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3550 S.W. Corporate Pkwy.
Palm City, FL 34990
(772) 286-3883
Fax (772) 286-3925
www.lbfli.com
MEMORANDUM
TO: Michael Sanch
FROM: Judy A. T. Dy
DATE: November 1 1,
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@,pbgfl.com) _-
Maria Tejera, P.E. - MTP Group (mtPgroup@earthlink.net)
Masoud Atefi - PBCTD (matefi@,co.palm-beach.fl.us) -
Don Hearing - Cotleur Hearing (don hearing;(ii>,cotleur-hearing.com)
Doug Rhudy - Christ Fellowship (douarhudy@,cftoday.orq)
~ -~ ~~~ ~~~ 1 1-1 8-284 5: 85PM FROM MTP GROUP INC WPB FL t1 561 7958230 P. 2 I
MTP Group, Inc.
12708 Forest Hill Boulevard. Suite 303 Welfington, FL 33414
Phone: (561) 7950678 Telefax: (561) 795-0230
To: Judy A. T, Dye LBFH, fnc.
From: Maria M. Tejera, P.E.
Date: November 10,2004
Subject: Christ Fellowship Church
Per you reqlresc we hwe reviewed a letter prepwed by Rimly-Horn ad Assocides, he. &td Septmber
23,2004. This letter was prepared in response to comments on July 2004 which rquired the following
analyses:
1 - A td%c plan identifying traffic circulation during the peak hour of the church. The plan
needs to evaluate internal circulation as &ell as adequacy of existing driveways, turning lanes 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 of the
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 a.n analysis of roadways conditions along Northlake Boulevard in the year 2006
(buildout of the project) during the peak hour of the church. It includss 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 incIude the traffic plan required under item 1 above.
We offer the following comments:
1. Turning movement counts should be conducted at all prciject driveways to determine both
existing trafEc and project assignment.
2. Project traffic assignment should be based on existing turning movement counts rather than
information included in the approved July 2004 traffic study.
3. Existing trip generation should bo compared with that calcutated using the ITE Trip
Generation Report. The ITE trip generation rate used to est-imte trips may not be valid as
the proposed church falls outside the values included in the ITE Trip Generation Report.
A justifiable trip generation rate should be used to estimate trip generation at buildout of the
project.
4, A Wc plan identifying traffic circulation during the peak hour of the church should be
prepared. The plan needs to evaluate internal circulation as weft as adequacy of existing
driveways, turning lanes and storage, tral3c control, and safety devices.
5. The analysis assumes both driveways along Northlake Boulevard are signalized at buildout
of the project. Is tho developer installing the sigrrals? Have they been approved? If not,
please identify traffic control and safety devices to be used during the peak hour of the
church on Sunday.
6. Consistent with the approved traffic study, the Military Trail/Northlake Boulevard
intersection analysis needs to include trafFic diversions due to the Northlake Reliever.
Should you need additional information, do not hesitate to contact me at (561) 795-0678.
CONSULTING CIVIL ENGINEERS,
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3550 S.W. Corporate Pkwy.
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(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 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. 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 througwright 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@,pbnfl.com)
MTP Group, Inc.
12798 Forest HUI Boulevard, Sub 303
WH~@WI, FL 33414
Phone: (661) 795-0676 Talefax: (661) 795.0230
MEMORANDUM
To: Judy A. T. Dye Copy: Masoud Atefi, MSCE
LBFH, Inc. Palm Beach County
From: Maria M. Tejera, P.E.
Date: July 29,2004
Reference: Christ Fellowship Church
MTP Group has completed a review of a revised traffic impact analysis prepared by Kirnley-Horn and
Associates, Inc. dated Jufy 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 currently includes 85,200 square feet of development in the north cmpus
and 2 1,100 square feet of development in the south campus. The proposed expansion increases the north
campus to 245,200 square feetwhilemaintainingthe 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 exclusive westbound right-turn lane to a shared throughhight-
turn lane, at the intersection of Northlake Boulevard and Military Trail.
In order to identi@ traffic impact to the adjacent roadways during the peak how of the church, the
following analyses m required:
1. Provide a traffic plan id&tifying traffic circulation during the peak hour of the church
(usuakly 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 a traffrc study evaluating roadway conditions along the directly access segment
of Northlake Boulevard and at the intersection with Military Trail during the peak hour
of the church (usually Saturday or Sunday).
Additional pafie related issues may arise dzrring she sire plan approvaf process. The City of Palm Beach
Gdem mrry impose &rug% condisions in rh~ Development Order to aswe safe, conwnient and ordedy$ow*
of vehicular traflc within the City.
Should you have any questions, do not hesitate to give us a call at (561) 795-0678.
CONSULTING CIVIL ENGINEERS,
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Fax
MEMORANDSM
TO:
FROM: Judy A. T. Dy
DATE: August 10,2004”
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 throughlright 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@pbgfl.com)
MEM0\4299\42 99zc. doc
Department of Engineering
and Public Works
P.O. Box 21229
West Palm Beach, FL 33416-1239
(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. Newel1
Mary McCarty
Burt Aaronson
Addie L. Greene
County Administrator
Robert Weisman
“An Equal Opportunity
Affirmative 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: Chris! 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: North side of Northlake Botllevard, 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 street on the Souih 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:
* Csnversion ~f iiic existirig exclusive westoeurrd rg?it-turiI /aw tc i‘ stiiirC?ci
throughhight 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 an3 stxages, as well as traffic control and safety devices.
e The County 1s concerned over ihe high number of peak hour ieft-ta,m,
forecasted to exit out of the site onto Northlake Boulevard, from both driveways
on the northern parcel. It is suggested that outgoing left-rurrts he limited :G one
main driveway, controlled by adequate traffic control and safety devices.
& print& oin recycled paper I
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,
’. Sr. Engineer - Traffik-Bw&n
CC: Lorin Brissett, P.E. -Kirnley-Horn 8, Associates
Maria Tejera, P.E. - MTP Group
File: General - TPS - Mun -Traffic Study Review
F:\TRAFFIC\ma\Adrnin\Approvals\0301007
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A\\CSSlCr &c ASSWiiBhS
CONSULTING ENGl N EE RS
7741 N. Military Trail, Suite 5, Palm Beach Gardens, Florida 33410
Phone [E1611 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 Chst 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 Christ 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
for this new phase and that portion of the phase one that is to be included with
project.
Chnst Fellowship Church
April 15,2005
Page 2
The project’s water management and drainage system falls within the jurisdiction of the City of
Palm Beach Gardens, Northern Palm Beach County Improvement District and South Florida
Water Management District and will be permitted through each agency.
Messler & Associates
Consulting Engineers
Florida Certificate Nu@ber 16422
March 29,2005
Michael Sanchez
Senior Planner
Growth Management 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 Wellin~on 561-799-7600 561-799-7602 www.nochristfellowship.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.clochristfellowship.com
hW OFFICES
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JEFFREY M. GARBER
JASON 5. HASELKORN, P.A.
VIA FAX 799-4281
and U.S. Mail
CHRISTINE M. HOKE
RICHARD A. JAROLEM
BRIAN 8. JOSLYN, P.A.
GREGORY 5. 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
MAlTHEW 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. ( 1907- 1987)
LOUIS R. MCBANE (RETIRED)
_-_1
OF COUNSEL
MICHAEL J. MONCHICK, P.A.
MICHAEL J. KENNEDY, P.A.
JOHN L.REMSEN
LEONARD G. RUBIN
5 I5 NORTH FLAGLER DRIVE, STE. I900
WEST PALM BEACH. FLORIDA 33401-4343
P.O. BOX 4626
TELEPHONE: (56 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:
Dear Michael:
Christ Fellowship Church PUD AmendmenVPUD 0 1 -03/Conditions of Approval North Campus
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.” mmp&!d! Em-
PUNNING &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, 2001 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.
AJCInc
28498
cc: Dr. Tom Mullins
Doug Rhudy
Don Hearing
Ron Ferris, City Manager (799-4281)
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
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1
Michael Sanchez
From:
Sent:
To:
Subject:
Cara Wingert [carabean423@hotmail.~om]
Monday, May 23,2005 8:32 AM
Michael Sanchez
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
Ca ra W ingert
1
Michael Sanchez
From: cwpurpose@bellsouth.net
Sent:
To: Michael Sanchez
Subject: Christ Fellowship
Saturday, May 21, 2005 6:14 PM
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.
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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 3341 8
561-694-2452
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 raraW@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 Christ 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: trnullins@cftoday.org
Subject: planning and zoning of Christ Fellowship
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
Monday, May 23,2005 751 AM
I have been a member of Chst 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 future 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.com]
Sent:
To:
Subject: PBG Planning & Zoning Meeting
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 Christ 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 33418
Do You Yahoo!?
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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 &leetronies
(954) 984-9292 Phone
(775) 587-4366 Fax
COiVFlDENTlALtTY NOTICE:
This e-mail message is intended only,for the person or entip 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 immediatelv.
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 Chst 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 Chst 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
Michael Sanchez
Page 1 of 1
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 Natalia Rice
104 Tranquilla Drive
Palm Beach Gardens, FL 334
5/24/2005
8
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 1235 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 33418
56 1-694-2452
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 of 2
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 1 0
Phone: 561-799-4243
Fax: 56 1-799-428 1
Email: bwiseman@,pbgfl.com
From: Jeffrey Rem ba um [ mailto: J REM BAUM@ bec ke r- polia koff .corn]
Sent: Monday, May 09,2005 11:18 AM
To: carladcramer@adelphia.net; Catnurse2O@aol.com; DONEGANSZ@aol.com; Kerrynjoe@aol.com;
SGHDI@aol.com; Topeslll@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.
5/9/2005
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 http://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
jrembaum@becker-poliakoff .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 IO, 2005 1058 AM
Charles Ww
Resident Response Team
FW: Christ Fellowship Expansion
Importance: High
Please contact John/Kathy Wallace today and inform them about staffs 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,
&.a resident of the Hunt Club, and speaking for many of my neighbors, we strongly abject 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 council meeting years ago when the church promiged not to come back asking for more
if they got the approval for the North Campus. Given their track record and their refysal to answer questions regarding
future plans such as a school and athletic fields, this massive expansion should be dqnied.
As it is now, the noise from outdoor events compromises our quality of life and the dangerous traffic situation on
Saturdays, Sundays and Wednesdays farces 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
I
multipurpose room that “will accommpdate up to 1,000 people for large-group student activities.”
The impact that the neighborhoods suffer from now would be greatly iiicreased 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 disdssed at the meeting that in addition to the qxisting 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 Wednesday nights so there will be even bigger
security issues with the expansion. The Hunt Club has already been dealing with problems caused by these teenagers in
our neighborhood and has prompted he board of directors to install a new security $ate 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.
1
Thank you,
John and Kathy Wallace
t
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Page 1 of2
f
Michael Sanchez
From: Sheryl Stewart
Sent:
To: Charles Wu
cc: Resident Response Team
Subject:
Importance: High
Tuesday, May 10,2005 10:59 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. (I 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
10) 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 - irusso@,pbclfl.com
Vice Mayor Eric Jablin - eiablin@iSpbgfl.com
Council Member David Levy - dlew@pbgfl.com
Council Member Hal Valeche - hvaleche@Dbafl.com
Council Member Jody Barnett - jbarnett@Dbcjfl.com
City Manager Ron Ferris - rferris@pbnfl.com
CC: Gardens Hunt Club Board of Directors - gardenshuntclub@adelDhia.net
5/10/2005
Board of Cow9 Commissioners
Addie L. Greene, Vice Chairperson
Karen T. Marcus
Ieff Koons
+ Tony'Masilotti, Chairman
County Admidstrator
Robert Weisman
Warren H. Newell
Mary McCarty
Burt Aaronson
April 21, 2005
The Honorable Joe Russo, Mayor
City of Palm Beach Gardens
10500 N. Military Trait
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
KTM/pw
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.0. Box 1989, West Palm Beach, FL 33402-1989 (561) 355-2201 FAX: (561) 355-6094
kmarcus@ pbcgov. corn @ printed on recycled paper
Board of Copnty Commissioners
Addie L. Greene, Vice Chairperson
Kamn T. Marcus
Jeff Koons
' Tony Masilotti. Chairman
County Administrator
Robert Weisman
Warren H. Newell
Mary McCarty
Burt Aamnson
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.
l I Si n cere I y,
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
krnarcus@ pbcgov. com @ printed on recycled paper
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:
F
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.
Sincerely,
Diane Mahar
C: Horseshoe Acres Club Inc.
Message Page 1 of3
Michael Sanchez
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 ,Jday. Thanks.
- , .,
From: Patty Snider
Sent: Tuesday, May 10, 2005 12:27 PM
To: Resident Response Team
Subject: FW: Christ Fellowship "Church" Expansion
city Ckrfi
City of 'Pam Beach Gardkns
Fax: 561-799-4124
2%42il;rpsnidkr@~6gfLcm
Phm 561-799-4122
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 ''churchtt 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 'khurchlt (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 l'churchlt 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/RoyaI 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 "churcht' 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 Q more commercially zoned area where their growth will not have an
adverse impact on local communities and neighborhoods.
AS our elected representatives, I sincerely ask you to recognize that this ''church'' 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 Yhurchl' 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 that it
will cause. Please come up with an alternate site so we do not have the equivalent of
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.
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5/10/2005
Michael Sanchez
From:
Sent:
To:
Subject:
Sheryl Stewart
Tuesday, May IO, 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 leave 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: 561-799-4124
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
1 0
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
511 8/2005
To: Palm Beach Gardens City Council
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 further 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 (5060) yet independent studies stated otherwise (90% fiom the East and
10% hm 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 policeman
after every service 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. 334 1 8
622-2571
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Date Prepared: June 1,2005
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 1593 80-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
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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 zoning
of the following described property known as the Christ Fellowship North Campus is
hereby designated as a Planned Unit Development (PUD) Overlay with an underlying 11
n nf l7 I, “I I
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.
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-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 IO57’07’’ 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 .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 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:
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
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Date Prepared: June 1,2005
Ordinance 18, 2005
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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 I057’07’’ 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)
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Date Prepared: June 1,2005
Ordinance 18,2005
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 FFl ClE NCY
BY:
Christine P. Tatum, City Attorney
FOR
G:\attorney-share\ORDINANCES\christ fellowship north campus - ord 18 2005.doc
5
AGAINST ABSENT
d
Date Prepared: June 1, 2005
As Amended September 22,2005
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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
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Date Prepared: June 1,2005
Resolution 83, 2005
As Amended September 22,2005
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:
a 159,180-square-foot expansion of ancillary uses to an existing religious
institute on the existing North Campus; and
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 l”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,
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Date Prepared: June 1,2005
Resolution 83,2005
As Amended September 22,2005
PAGES 162 THROUGH 165, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH
88O25’09” EAST ALONG SAID LINE, A DISTANCE OF 653.88 FEET; THENCE SOUTH
IO57’07’’ 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 88O30’27” 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 1O57’07” 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 88O25’09’’ 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 .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 l”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
As Amended September 22,2005
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 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
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 1O57’07” WEST ALONG SAID LINE, A
DISTANCE OF 640.75 FEET TO THE POINT OF BEGINNING.
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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:
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Date Prepared: June 1,2005
Resolution 83, 2005
As Amended September 22,2005
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 (I) lane;
egress shall be provided via two (2) left-turn lanes and one (1) right-turn
lane. NO LONGER APPLICABLE.
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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
APPLICABLE.
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 (4) )hma
fa) 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 by 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 management as based on the varyinq 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 reqard
to traffic management and access onto Northlake Boulevard in an effort to
minimize the impact on surroundinq residents. (Planning & Zoning)
3. The Applicant shall complv 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
riqht-turn lane to a shared throughhiqht-turn lane at the intersection of
Northlake Boulevard and Military Trail.
bl The Sundav service shall be moved from 11:45 a.m. to 12:OO noon. The
required time between services mav 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 Manaqement Department.
Said traffic plan may be amended bv the Citv’s Police Chief and/or Citv
Engineer as appropriate for traffic operations.
5
Date Prepared: June 1,2005
Resolution 83,2005
As Amended September 22,2005
d) The Applicant shall, with trained personnel, monitor traffic conditions at
the drivewavs, as well as internal traffic circulation, to minimize traffic
impact to Northlake Boulevard. (Citv Engineer)
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4. Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall prepare plans and submit an
application to Palm Beach County Traffic Division for review and approval of
a manuallv-operable traffic siqnal at the east entrance to the site. (Citv
Engineer, Planning & Zoninq)
5. Prior to the issuance of the first certificate of occupancy. the Applicant shall
install a manuallv-operable traffic signal at the east proiect entrance, as
approved bv Palm Beach County Traffic Division. (Citv Engineer, Planning
& Zoning)
6. Prior to construction plan approval. the Applicant shall provide surety for
siqnalization of the east entrance. Per LDR Section 78-309, the required
surety shall be based on a cost estimate for the proiect improvement. The
cost estimate shall be siqned and sealed bv an enqineer registered in the
State of Florida. Suretv will be based on 110% of the total approved cost
estimates and shall be posted with the Citv prior to the issuance of the first
buildinq permit. (Citv Enqineer)
7. Prior to the issuance of the Certificate of Completion for the new parkinq
areas on the east 20 acres, the right-turn lane on Northlake Boulevard onto
Hunt Club Drive shall be installed and completed. (Citv Engineer)
Enqineering
8. Prior to the issuance of the first building permit, all necessary permits shall
have been obtained from South Florida Water Management District
(SFWMD), Health and Rehabilitative Services, and Palm Beach County.
(City Engineer)
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 COPY to the Citv all permit applications, certifications,
and approvals. (Citv Engineer)
6
Date Prepared: June 1,2005
Resolution 83,2005
As Amended September 22,2005
11. Prior to construction plan approval and the issuance of the first buildinq
permit, the Applicant shall provide suretv for public infrastructure and all
landscaping and irriaation costs. Per LDR Section 78-309, the required
suretv shall be based on a cost estimate for the proiect, including public
infrastructure and all landscaping and irrigation costs, for review and
approval bv the Citv in order to establish suretv. The cost estimate shall be
signed and sealed bv an enqineer and landscape architect reqistered in the
State of Florida. Suretv 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 Enqineer)
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Police
12. Prior to construction plan approval and the issuance of the first building
permit, the Applicant shall provide a cost estimate for the on-site proiect
improvements, not includinq public infrastructure, landscaping, and irriqation
costs, for review and approval bv the Citv. The cost estimate shall be
signed and sealed bv an enqineer reqistered in the State of Florida and
shall be posted with the Citv prior to the issuance of the first building permit.
IB u ild i ng Department)
13. Prior to construction plan approval and the issuance of the first land
alteration or buildinn permit, the Applicant shall schedule a pre-permit
meetinq with Citv staff. (Citv Engineer)
14. Bv (sixtv (60) days from the effective date of this Resolution),
the Applicant shall submit a revised photometric plan, signed and sealed bv
an enqineer registered in the State of Florida, for review and approval bv the
Citv Enqineer. Said plan shall be approved bv way of an administrative
approval so lona 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
Enqineer)
15. Prior to construction plan approval, the Applicant shall provide adequate
response to drainaqe concerns, includinq. but not limited to, showinq on the
engineering plans and constructing two 8” x 8” weep holes within the 6’ wall
for each adiacent Hunt Club lot (28 total weep holes), per SFWMD
specifications, as outlined at the March 11, 2004, meetinq with SFWMD and
the Citv Enqineer. (Citv Enqineer)
16. Liqhtinq shall not conflict with landscaping, includinq long-term tree growth.
[Police Department)
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Date Prepared: June 1,2005
Resolution 83, 2005
As Amended September 22,2005
17. All lightinq for streets, parkinq lots, and pedestrian walkwavs shall be metal
halide. Metal halide lighting 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 building lightinq shall be installed around the entire building
perimeter and on pedestrian walkways. (Police Department)
19. Entrv signage shall be lighted. (Police Department)
20. Timer clock or photocell liqhtinq shall be provided for nighttime use above or
near entwavs and all exits, including emerqencv 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.
/Pol ice Department)
22. All structures shall use the following target hardeninq techniques:
a) Buildings shall be pre-wired for an alarm svstem.
b) Doors shall be equipped with metal plates over the threshold of the
locking mechanism.
c) Glass perimeter doors shall be equipped with case hardened ward
rings to protect the mortise lock cvlinder.
d) Rear doors shall have 180-deqree peephole viewers.
e) All perimeter doors shall be equipped with hinqes that utilize non-
removable hinqe pins. (Police Department)
Land sca pi nq
.. . 23. #
06wpawy The owner or successor shall be responsible for
the perpetual maintenance of said 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 MCC? cf w6ept-d .. ..
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Date Prepared: June 1,2005
Resolution 83,2005
As Amended September 22,2005
pave the parking area within one-hundred-eiqhtv (1 80)
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 paving, a
landscape island shall be installed for every nine (9) parkinq spaces located
in a row within the areas beinq paved. (City Forester)
25. Bv (six (6) months from the effective date of this ResolutionL
the propertv owner shall reimburse the Citv for the Citv’s cost to install all
landscaping 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 assiqns shall be responsible for pavment to
the Citv of their annual fair share of the maintenance of the Northlake
Boulevard medians extending 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 landscaping 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 property 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 building 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 usinq 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 (1 1, with a minimum
ten (IO) foot height. Shrubs shall be replaced with like specie, one (1) for
one (1). with a minimum 30-inch heiqht. If the site cannot support the total
number of replacement trees as required above, the Citv Council may
permit the developer to donate excess trees to the City for planting on public
lands. (Citv Forester)
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Date Prepared: June 1,2005
Resolution 83,2005
As Amended September 22,2005
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Planning and Zoninq
32. The number of fixed andlor moveable seats within the sanctuary shall at no
time exceed 1,750. (Code Enforcement)
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Prior to the issuance of the certificate of occupancy, the petitioner shall
erect a six (6) foot wall along the entire sit& northew property line of the
- site. (Planning & Zoning)
*. a No parking of vehicles
shall occur in the retention area north of the northernmost parking lot and
karm. (City Forester)
All conditions from Ordinance 20, 1997 shall remain in full force and effect.
(Planning & Zoning) NO LONGER APPLICABLE
The northern open space shall be used for recreational open space. No
drive-aisles shall be extended to the northern green area ew#l%k k t-be
ea& without approval by City Council. (Planning & Zoning)
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 %+@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)
All applicable municipal and county impact fees shall be payable
contemporaneous with issuance of the-fkt any building permit for vertical
construction. (Planning & Zoninq, Building Official)
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. (Planning &
Zonina Code Enforcement)
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Date Prepared: June 1,2005
Resolution 83,2005
As Amended September 22,2005 .. 40. No buildinas on site shall R& be used as overflow areas
or for supplemental seating for presentations, programs, or sermons
conducted in the sanctuary. (Planning & Zoning, Code Enforcement)
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41. Simultaneous broadcasts of presentations, programs, or sermons
conducted in the sanctuary to any other femete location within the Citv
shall be prohibited.
42. Building A shall be limited to a capacity of 452 people. (Planning & Zoning,
Code Enforcement)
43. The Applicant shall place the utilities alonq Northlake Boulevard
underground from the eastern terminus of the North Campus to Hunt Club
Drive. (Planning & Zoning)
44. All audible noise on site shall not exceed applicable noise and decibel
(Planning & requirements set forth in the Citv’s Code of Ordinances.
Zonina
45. All rooftop mechanical equipment shall be screened from view. (Planninq &
Zon i ng 1
46. Prior to the issuance of the first certificate of occupancv, the propertv shall
be replatted to include the entire site. (Planninq & Zoning)
47. Prior to the issuance of the first building permit, the Applicant shall complv
with Section 78-262 of the Citv Code relative to Art in Public Places. The
Applicant shall provide art on site or make a pavment in lieu thereof. The
Art in Public Places Advisow Board shall review and make a
recommendation to the Citv Council on anv 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 occupancv. (Planning & Zoning)
48. Required digital files of the approved replat shall be submitted to the
Planninq and Zoning 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)
49. There shall be no vehicular access from the North Campus to the vacant
propertv owned bv the church located to the northeast of the North Campus
until such time when said propertv is annexed into the Citv. (Planning &
Zon inq)
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Date Prepared: June 1,2005
Resolution 83,2005
As Amended September 22,2005
50. Prior to the issuance of the first building permit, the Applicant shall explore
opportunities to utilize sound absorbing/dampening building materials in the
new buildinas, and provide, in writinq, details of the materials/methods to be
utilized to reduce the impact relative to sound on adiacent properties.
lPlanninq & Zoninq)
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51. Anv outdoor recreational facilities constructed on the North Campus shall be
processed as a Maior Amendment to the PUD pursuant to the City’s Land
Development Regulations. (Planninq & Zoninq)
52. The build-out date for this proiect is December 31, 2006. (Planninq &
Zon inn)
53. Simultaneous services occurrinq on both the North and South Campuses
shall be prohibited. (Planninq & Zoninq)
54. Parkinq in the grassed parkinq areas closest to the Hunt Club residential
development shall occur only during special events or reqularlv-scheduled
services. (Planning & Zoning)
55. Within twelve (12) months of the issuance of the Certificate of Occupancv
for Phase 2 (Youth Ministry Building), the Applicant shall submit a traffic
studv to the Citv analyzing (1 ) the efficiencv of the traffic flow into and out of
the North Campus; (2) the traffic flow along Northlake Boulevard adiacent to
the North Campus: (3) the traffic flow within the North Campus: and (4) the
traffic flow into and out of Hunt Club Drive. The studv (1) shall be performed
during the peak hours of the Church’s operation: (2) shall be performed
during the “high season” (December thru February): (3) shall be performed
at the Applicant’s expense: and (4) shall be reviewed bv the Citv Engineer
and the Police Chief to determine areas in need of improvement with regard
to the traffic flow within and adiacent to the site. The Traffic Operation Plan
referenced in this resolution, to which the Applicant must adhere, may be
amended in accordance with the recommendations made bv the Citv as a
result of the studv. (Planning & Zoninq)
56. lmmediatelv upon the issuance of the Certificate of Completion for the new
parkinn areas on the east 20 acres, shuttle bus or any other tvpe of
transportation service between the north and south campuses shall cease.
[Planninq and Zoninq)
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
De pa rtme n t :
1 19 31n
I 1 ’ I I .”.
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Date Prepared: June 1,2005
Resolution 83,2005
As Amended September 22,2005
L. 3 fbMnr V" VI I I, 1aa7 lYVl, -**,s pp
A l.c- ..
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October 28, 1997, Conceptual Floor Plan and Section, Glenn Pate &
Associates, 2 sheets.
November 14, 1997, Landscape Plan, George G. Gentile & Associates,
Sheet L-I.
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.
November 3, 1997, Irrigation Plan, George G. Gentile & Associates, Sheet I-
1.
September 30, 1997, Conceptual Drainage Plan, Kimley-Horn and
Associates, Sheet C-I .O.
March 19, 1999, Architectural Site Plan, Glenn Pate & Associates, Sheet SP-
1.
May 18, 1999, Building B Elevations (Children's Education), Glenn Pate &
Associates, Sheet A-I .
June 25, 1999, Building B Floor Plan, Glenn Pate & Associates.
May 18, 1999, Building A Floor Plan (Youth Ministry), Glenn Pate &
Associates, Sheet A-2.
May 18, 1999, Building A Elevations, Glenn Pate & Associates, Sheet A-3.
May 18, 1999, Building C Elevations, Glenn Pate & Associates, Sheets A-4,
A-5.
May 1 1 , 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
City on June 1,2005.
15. Landscape Plan: Sheets L-I & L-2. prepared bv Gentile, Hollowav,
O'Mahonev & Associates, Inc., last revised on May 31, 2005, and received
and stamped bv the Citv on June 1,2005.
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Date Prepared: June 1,2005
Resolution 83,2005
As Amended September 22,2005
16. Conceptual Floor Plans: Sheets A-I & A-2, prepared by Pate, Chernin and
Associates, last revised on February 23, 2004, and received and stamped
by the City on May 18,2005.
17. Roof Plan: Sheet A-3, prepared by Pate, Chernin and Associates, last
revised on November 22, 2004, and received and stamped by the City on
May 18,2005.
18. Building Elevations: Sheets A-4 throuqh A-6, prepared by Pate, Chernin and
Associates, last revised on November 22, 2004. and received and stamped
by the City on May 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)
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Date Prepared: June 1, 2005
Resolution 83,2005
As Amended September 22,2005
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 JAB
AYE NAY ABSENT
---
--- IN
COUNCILMEMBER LEVY ---
COUNCILMEMBERVALECHE ---
COUNCILMEMBER BARNETT ---
G:\attorney-share\RESOLUTIONS\christ fellowship - north campus - reso 83 2005-as amended.doc
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Date Prepared: June 1,2005
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.
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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 following described propertv known as the Christ Fellowship South Campus is
hereby designated as Residential Low Densitv-I (RLI): Thc .. .
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.
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Date Prepared: June 1,2005
Ordinance 19,2005
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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 4171 , 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
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Date Prepared: June 1,2005
Ordinance 19, 2005
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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.
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Date Prepared: June 1,2005
Ordinance 19,2005
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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 Cl ENCY
BY:
Christine P. Tatum, City Attorney
FOR
G:\attorney-share\ORDINANCES\christ fellowship south campus - ord 19 2005.doc
AGAINST ABSENT
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Date Prepared: June 1,2005
As Amended September 22,2005
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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 AMEND CERTAIN CONDITIONS OF APPROVAL;
PROVIDING FOR CONDITIONS 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 , 1999 shall be transferred to this
Resolution; and
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Date Prepared: June 1,2005
Resolution 84,2005
As Amended September 22,2005
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 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 OO03’46” 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
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Date Prepared: June 1,2005
Resolution 84,2005
As Amended September 22,2005
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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 4171, 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
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Date Prepared: June 1,2005
Resolution 84,2005
As Amended September 22,2005
FOLLOWING DESCRIBED PARCEL: FROM THE NORTHEAST SECTION CORNER
OF SAID SECTION 23, TOWNSHIP 42 SOUTH, RANGE 42 EAST, THENCE SOUTH
O”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 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
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.
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Date Prepared: June 1,2005
Resolution 84,2005
As Amended September 22,2005
SECTION 3. 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
E ng i n ee r) SAT I S F I E D
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 ) SAT I S F I E D
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 parking area within one hundred eiahtv (180) davs of receipt of
written notice bv the Citv. All such paving shall be conducted accordinq to
City standards at the time of paving. All costs shall be the responsibilitv of
the owner or successor. At the time of paving, a landscape island shall be
installed for every nine (9) parking spaces located in a row within the areas
C] .. beinq paved. 1
e {Citv
Forester)
..
tn % ..
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
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Date Prepared: June 1,2005
Resolution 84, 2005
As Amended September 22,2005
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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) SATISFIED
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 F I 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) 3 te#e+e& REPLACED BY NEW CONDITION
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Date Prepared: June 1,2005
Resolution 84, 2005
As Amended September 22,2005
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b) Complete all non-landscape site improvements and changes.
c) Remove the modular units from the property. SATISFIED
SAT1 S F I ED
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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.
(Development Compliance Officer) SATISFIED
16. Prior to the issuance of a land alteration permit for the Christ Fellowship
North Campus, the applicant shall eliminate the existinq vehicle cross
access alonq the western buffer to the Church of the Nazarene bv restoring
the landscape buffer for the South Campus consistent with the approved
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19 landscape plans. (City Forester)
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21 17. Immediately upon the issuance of the #itst Certificate of &wpawy
22 Completion for the new parkinq areas saw&afy on the east 20 acres of the
23 Christ Fellowship North Campus, shuttle bus or any other
24 type of transportation service between the North and South Campuses shall
25 cease.
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18. Use of the South Campus for overflow parkina for the North Campus shall
cease immediately upon the issuance of the Certificate of Completion for
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30 Zoninq)
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33 plans on file with the City’s Growth Management Department:
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35 I. Development Application stamped November IO, 1999.
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38 Sheet SP 1.0.
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40 August 5, 1999, Future Phase 2 Site Plan (date stamped October 28, 1999),
41 Glenn Pate & Associates, Sheet SP 1 .O.
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43 4. June 16, 1999, Existing (as-built) Landscape Plan, Glenn Pate &
44 Associates, Sheet L-I .
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the new parkinq areas on the Christ Fellowship North Campus. (Planninq &
SECTION 4. Said property shall be constructed in compliance with the following
2. June 7, 1999, Existing South Campus Site Plan, Glenn Pate & Associates,
3.
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Date Prepared: June 1,2005
Resolution 84,2005
As Amended September 22,2005
1 5.
2 Sheet L-2.
3
4 6.
5 H. Kruger, P.E.
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October 26, 1999, Proposed Landscape Plan, Glenn Pate & Associates,
September 4, 1999, Stormwater Management Plan (Church Site), Kenneth
September 7, 1999 (date stamp), Conceptual Drainage Plan (Full Buildout),
Kenneth H. Kruger, P.E., Sheets 1-2.
7.
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10 8. August 5, 1999, Future Phase 2 Photometric Site Plan,
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13 SECTION 5. All future amendments to the Christ Fellowship Soul
14 be approved by Resolution.
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Associates, Sheet ESP 1 .O.
Glenn Pate &
I Campus shall
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SECTION 6. Said approval shall be consistent with all representations made by
SECTION 7. This Resolution shall become effective immediately upon adoption.
the applicant or applicant’s agents at any workshop or public hearing.
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Date Prepared: June 1,2005
Resolution 84,2005
As Amended September 22,2005
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 ---
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 19,2005
Meeting Date: October 6,2005
Resolution 136, 2005
SubjectlAgenda Item: Resolution 136,2005 -Approve a work authorization to Landscape Service
Professionals, Inc. for beautification improvements to certain medians on Military Trail from Lillian
Avenue north to Lilac Street, via the Annual Landscaping and Irrigation Services contract - Bid
[XI Recomrnenda n to APPROVE
#2005-005. /
1 Recommendat I Reviewed by:
Christine Tatum m
City Attor a.
Allan Owens
Finance Administrator
Department Administrator
Originating Dept.:
Din0 DeRostaing,
Purchasing Agent
Community Services
Department
44
Advertised :
Date:
Paper:
[ ] Not Required
Affected parties
UNotified
[ ] Not required
Costs: $229.582
(Total)
$229,582
Current FY
Funding Source:
[ X ] Operating
[ ]Other
Budget Acct.#:
001.2080.51 9.6900
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 136. 2005
[ ]None
Date Prepared: September 19,2005
Meeting Date: October 6, 2005
Resolution 136, 2005
BACKGROUND: The City was awarded a grant through the Keep Palm Beach County Beautiful
(KPBCB) program in an amount not to exceed $89,047, which is half of the total project cost
estimated at $1 78,093.00, for beautification of certain medians along Military Trail from Square Lake
Drive S. north to Lilac Street. In June 2004, the City approved a joint participation agreement and
maintenance memorandum of agreement with the Florida Department of Transportation for such
improvements.
In addition, the City was also awarded a grant from Palm Beach County via the County‘s OTIS (Only
Trees, Irrigation, and Sod) Program in an amount not to exceed $95,000 for three medians on
Northlake Boulevard from Military Trail west to approximately Green Meadows Way and one
additional median on Military Trail just south of the city limit in a County pocket for xeric landscaping
and maintenance. Irrigation will not be provided at this time to this median; however, the medians on
Northlake Boulevard will be irrigated.
As per their Annual Landscape and Irrigation contract, Landscape Service Professionals, Inc. has
provided a proposal to complete the medians only along Military Trail; the Northlake Boulevard
medians will be installed under a separate work authorization request. After installation, the City will
assume maintenance responsibilities and incorporate these areas into the City’s existing annual
landscape maintenance contract. It is not unusual for a municipality to assume maintenance for a
County or even state right-of-way within the city’s boundaries via an arrangement such as this as it
provides the city with quality control over the aesthetics of the rights-of-way and allows the city to
improve and maintain highly visible areas to a more stringent standard than may be set by the
County or State. Maintenance is estimated at $6,200 per year. The City will be seeking
reimbursement from adjacent landowners who are also responsible for maintenance of certain
medians included in this project.
STAFF RECOMMENDATION: Approve Resolution 136,2005 as presented.
Date Prepared: September 20,2005
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RESOLUTION 136,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A WORK
AUTHORIZATION AND NOTICE TO PROCEED TO LANDSCAPE
PROFESSIONALS, INC. BASED ON ITS ANNUAL LANDSCAPING
AND IRRIGATION CONTRACT DATED SEPTEMBER 15,2005, FOR
MEDIAN IMPROVEMENTS ALONG MILITARY TRAIL FROM
LILLIAN AVENUE NORTH TO LILAC STREET; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City wishes to perform landscape and irrigation improvements to
certain medians along Military Trail from Lillian Avenue north to Lilac Street; and
WHEREAS, the City awarded an Annual Landscaping and Irrigation Contract to
Landscape Professionals, Inc., per Resolution 11 8, 2005 dated September 15, 2005, for
services including those required above, pursuant to a competitive sealed bid; and
WHEREAS, the City has received a quotation from Landscape Professionals,
Inc. to provide these services related to said project; and
WHEREAS, based on the recommendation of City staff, the City wishes to award
a Work Authorization to Landscape Professionals, Inc., to provide such services; 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 approves the Work Authorization and
Notice to Proceed, attached hereto as Exhibit “B,” for landscape and irrigation
improvements along Military Trail to Landscape Professionals, in the amount of
$229,582.00 based on its Annual Landscaping and Irrigation Contract dated September
15, 2005.
SECTION 3. This Resolution shall become effective immediately upon adoption.
I I
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46 47
Date Prepared: September 20,2005
Resolution 136, 2005
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 ---
COUNCILMEMBERVALECHE ---
COUNCILMEMBER BARNETT ---
4
G:\attorney-share\RESOLUTlONS\Landscape Professionals work auth - reso 136 2005.doc
2
Date Prepared: September 19, 2005
Meeting Date: October 6, 2005
Resolution 136, 2005
EXHIBIT A
Work Authorization
3.
WESTFIELD INSURANCE COMPANY
ONE PARK CIRCLE
WESTFIELD CENTER, OHIO 4425 1
18003318208 Bond No.:950001
This is the front page of the perfonnance/payment bond issued in compliance with Florida
Statute Chapter 255.05
Contractor Name
Address
Phone #
LANDSCAPE SERVICE PROFESSIONALS, INC.
61 15 NW 77TH WAY
TAMARAC, FL. 33321
954 72 1-6920
Owner Name
Address
Phone #
Contract Number
Project Description
Project Address
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH GARDENS, FL. 33410
561 804-7014
PUB0048
MILITARY TRAIL MEDIANS-SQUARE LAKE DRIVE S. NORTH
TO LILAC STREET
CITY OF PALM BEACH GARDENS, FLORIDA
Legal Description of Property CITY OF PALM BEACH GARDENS, FLORIDA
COUNTY, FLORIDA
950001 Bond No.
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
LANDSCAPE SERVICE PROFESSIONALS, INC.
6115NW 77th WAY
TAMARAC, FLA. 33321
WESTFIELD INSURANCE COMPANY
OWNER (Name and Address):
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH GARDENS, FL 334 10
CONSTRUCTION CONTRACT
Date:
Amount: $229.581.35
PO BOX 5001, WESTFIELD CENTER, OH 4425 1
DOLLARS
Description (Name and Location): MILITARY TRAIL MEDIANS
SQUARE LAKE DRIVE S. NORTH TO LILAC STREET
BOND
hte.(Not earlier than Construction Contract Date):
Arkmt: S 229,581.35
Mo&&&ns t;, this Bond:
..- -
. _---+__ - . - - -\ ---
-' - ~C~%4Ck&S ...- PRINCIPAL
-- .- - _- -
--
DOLLARS
0 None BSee Page 3
SURETY
Company: WESTFIELD INSURANCE COMPANY
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER:
JBI GROUP, INC. other party):
6191 ORANGE DR. #6159E
DAVIE, FL. 333 14
OWNER'S REPRESENTATIVE (Architect, Engineer or
Y WESTFIELD vouches that thc INSURANCE languagc in the COMPANY documcnt conforms cxactly to thc 1 Pnnted in cooperation with the Amcrican Institutc of Architccts (AIA) b
WESTFIELD INSURANCE COMPANY
language used in AIA Document A-312, December 1984 Edition.
PRF76001ZZ0601 f
With Modifications
1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, successors and
assigns to the Owner for the performance of the Construction
Contract, which is incorporated herein by reference.
2 If the Contractor performs the Construction Contract. the
Surety and the Contractor shall have no obligation under this
Bond, except to participate in conferences as provided in Sub-
paragraph 3.1.
3 If there is no Owner Default, the Surety's obligation under this
Bond shall arise after:
3.1 The Owner has notified the Contractor and the Surety
at its address described in Paragraph 10 below that the
Owner is considering declaring a Contractor Default and has
requested and attempted to arrange a conference with the
Contractor and the Surety to be held not later than fifteen days
after receipt of such notice to discuss methods of performing
the Construction Contract. If the Owner, the Contractor and
the Surety agree, the Contractor shall be allowed a reasonable
time to perform the Construction Contract, but such an
agreement shall not waive the Owner's right, if any,
subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and for-
mally terminated the Contractor's right to complete the con-
tract. Such Contractor Default shall not be declared earlier
than twenty days after the Contractor and the Surety have
received notice as provided in Sub-paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the Contract
Price to the Surety in accordance with the terms of the
Construction Contract or to a contractor selected to perform
the Construction Contract in accordance with the terms of the
contract with the Owner.
4 When the Owner has satisfied the conditions of Paragraph 3,
the Surety shall promptly and at the Surety's expense take one of
the following actions:
4.1 Arrange for the Contractor, with consent of the Owner, to
perform and complete the Construction Contract; or
4.2 Undertake to perform and complete the Construction
Contract itself, through its agents or through independent
contractors; or
4.3 Obtain bids or negotiated proposals from qualified con-
tractors acceptable to the Owner for a contract for perfor-
mance and completion of the Construction Contract, arrange
for a contract to be prepared for execution by the Owner and
the contractor selected with the Owner's concurrence, to be
secured with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the amount of
damages as described in Paragraph 6 in excess of the Balance
of the Contract Price incurred by the Owner resulting from the
Contractor's default; or
4.4 Waive its right to perform and complete, arrange for
completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation, determine the amount for which it
may be liable to the Owner and, as soon as prac-
ticable after the amount is determined, tender pay-
ment therefor to the Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph 4 with
reasonable promptness, the Surety shall be deemed to be in
default on this Bond fifteen days after receipt of an additional
written notice from the Owner to the Surety demanding that the
Surety perform its obligations under this Bond, and the Owner
shall be entitled to enforce any remedy available to the Owner. If
the Surety proceeds as provided in Subparagraph 4.4, and the
Owner rehses the payment tendered or the Surety has denied
liability, in whole or in part, without further notice the Owner
shall be entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to com-
plete the Construction Contract, and if the Surety elects to act
under Subparagraph 4.1, 4.2, or 4.3 above, then the
responsibilities of the Surety to the Owner shall not be greater
than those of the Contractor under the Construction Contract, and
the responsibilities of the Owner to the Surety shall not be greater
than those of the Owner under the Construction Contract. To the
limit of the amount of this Bond, but subject to commitment by
the Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Surety is
obligated without duplication for:
6.1 The responsibilities of the Contractor for correction of
defective work and completion of the Construction Contract;
6.2 Additional legal, design professional and delay costs
resulting from the Contractor's Default, and resulting from the
actions or failure to act of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are
specified in the Construction Contract, actual damages caused
by delayed performance or non-performance of the Contractor.
7 The Surety shall not be liable to the Owner or others for obliga-
tions of the Contractor that are unrelated to the Construction
Contract, and the Balance of the Contract Price shall not be
reduced or set off on account of any such unrelated obligations.
No right of action shall accrue on this Bond to any person or
entity other than the Owner or its heirs, executors, administrators
or successors.
8 The Surety hereby waives notice of any change, including
changes of time, to the Construction Contract or to related sub-
contractors, purchase orders and other obligations.
9 Any proceeding, legal or equitable, under this Bond may be
instituted in any court of competent jurisdiction in the location in
which the work or part of the work is located and shall be
instituted within two years after Contractor Default or within two
years after the Contractor ceased working or within two years
after the Surety refuses or fails to perform its obligations under
this Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of
limitation available to sureties as a defense in the jurisdiction
.2 WESTFIELD TNSURANCE COMPANY Printed in cooperation with thc Arncrican Institutc of Architects (AIA) by WESTFIELD INSURANCE COMPANY
language used in AIA Docurncnt A-312. Dccembcr 1984 Edition.
vouchcs that thc languagc in thc documcnt conforms cxactly to the
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall be
mailed or delivered to the address shown on the signature page.
11 When this Bond has been &mished to comply with a statutory
or other legal requirement in the location where the construction
was to be performed, any provision in this Bond conflicting with
said statutory or legal requirement shall be deemed deleted
herefrom and provisions conforming to such statutory or other
legal requirement shall be deemed incorporated herein. The intent
is that this Bond shall be construed as a statutory bond and not as
a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount payable by
the Owner to the Contractor under the Construction Contract
after all proper adjustments have been made, including allowance
to the Contractor of any amounts received or to be received by the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Owner in settlement of insurance or other claims for
damages to which the Contractor is entitled, reduced by all
valid and proper payments made to or on behalf of the
Contractor under the Construction Contract.
12.2 Construction Contract: The agreement between the
Owner and the Contractor identified on the signature page,
including all Contract Documents and changes thereto.
12.3 Contractor Default: Failure of the Contractor, which
has neither been remedied nor waived, to perform or
otherwise to comply with the terms of the Construction
Contract.
12.4 Owner Default: Failure of the Owner, which has neither
been remedied nor waived, to pay the Contractor as required
by the Construction Contract or to perform and complete or
comply with the other terms thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page).
CONTRACTOR AS PRINCIPAL SURETY:
Company: (Corporate Seal)
WESTFIELD INSURANCE COMPANY
Address: 6191 ORANGE DR. #6159E
DAVIE, FL 33314
-
Printed in coo ration with the American Institute of Architects (AIA) by WESTFIELD INSURANCE COMPANY WESTFIE6 INSURANCE COMPANY
language used in AIA Document A-3 12, December 1984 Edition.
vouchcs that the language in the document conforms exactly to the
General
Power
POWER NO. 0992202 04
Westfield Insurance Co.
L. ?f Attorney Westfield National Insurance Co.
Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know A// Men by These Presents, That WESTFiELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint THEODORE J. JEDLICK, ROBERT H. BOND, JOINTLY OR SEVERALLY
CERTIFIED COPY
of DAVIE and State of FL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE -, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by Its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment Is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity h Surety Operations Executive or other Executive shall
be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney@)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in:Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary.' "Be it Further Resolved, that the signature of any such deslgnated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 20th day of
MAY A.D.. 2003 .
**c"*e"'l,#,,
rvrtyrhip-------------------..-----------.-.-----.-------------------.-.
WESTFIELD INSURANCE COMPANY
J&-%\ WESTFIELD NATIONAL INSURANCE COMPANY $"&mw\g, OHIO FARMERS INSURANCE COMPANY iut sa *+ gs. . 5 l848.!@j ...* 3 ..*. *. **: *i.,, .-*
'~LU&,,~W****'*~ By:
Richard L. Kinnaird, Jr., Senior Executive County of Medina ss.:
On this 20th day of MA' A.D., 2003 , be.-lre me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly
sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD
NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above
instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed
by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
.. Notarial
Seal
Affixed
State of Ohio My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.:
I, Frank A. Carrho, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
day of In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this
A.D.,
BPOAC2 (combined) (06-02)
Bond No. 950001
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY: WESTFIELD INSURANCE COMPANY
LANDSCAPE SERVICE PROFESSIONALS, INC.
61 15 NW 77th WAY
TAMARAC, FL. 3332 1
OWNER (Name and Address):
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH, GARDENS, FL 33410
PO BOX 5001, WESTFIELD CENTER, OH. 4425 1
CONSTRUCTION CONTRACT
Date:
Amount: $229,581.35
Description (Name and Location): MILITARY TRAIL MEDIANS
SQUARE LAKE DRIVE S. NORTH TO LILAC STREET
DOLLARS
BOND
Date (Not earlier than Construction Contract Date):
Amount: !$229,58 1.35 DOLLARS
Modifications to this Bond: None Seepage3
CONTRACT R AS PRINCIPAL SURETY P
OFESSIONALS, INC.
(Any additional signatures appear on page 3) -
(FOR INFORMA TION ONL Y-Name, Address and Telephone)
AGENT or BROKER:
JBI GROUP, INC.
6 19 1 ORANGE DR. #6 159E
DAVIE, FL 33314
OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
Printed in cooperation with The American Institute of Architects (AIA) by WESTFIELD INSURANCE COMPANY .I
WESTFIELD INSURANCE COMPANY
the language used in AIA Documcnt A-3 12, Dccembcr I984 EDITION.
PAY76001ZZO501 f
With Modifications
vouches that thc languagc in thc document conforms cxactly to
1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, successors and
assigns to the Owner to pay for labor, materials and equipment
furnished for use in the performance of the Construction Con-
tract, which is incorporated herein by reference.
2 With respect to the Owner, this obligation shall be null and
void if the Contractor:
2.1 Promptly makes payment, directly or indirectly, for all
sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner from
claims, demands, liens or suits by any person or entity whose
claim, demand, lien or suit is for payment for labor, materials
or equipment furnished for use in the performance of the
Construction Contract, provided the Owner has promptly
notified the Contractor and the Surety (at the address described
in paragraph 12) of any claims, demands, liens or suits and
tendered defense of such claims, demands, liens or suits to the
Contractor and the Surety, provided there is no Owner Default.
3 With respect to Claimants, this obligation shall be null and
void if the Contractor promptly makes payment, directly or in-
directly, for all sums due.
4 The Surety shall have no obligation to Claimants under this
Bond until:
4.1 Claimants who are employed by or have a direct contract
with the Contractor have given notice to the Surety (at the
address described in Paragraph 12) and sent a copy, or notice
thereof, to the Owner, stating that a claim is being made under
this Bond and, with substantial accuracy, the amount of the
claim.
4.2 Claimants who do not have a direct contract with the
Contractor:
.I Have furnished written notice to the Contractor and sent
a copy, or notice thereof, to the Owner, within 90 days
after having last performed labor or last furnished
materials or equipment included in the claim stating,
with substantial accuracy, the amount of the claim and
the name of the party to whom the materials were
furnished or supplied or for whom the labor was done
or performed; and
.2 Have either received a rejection in whole or in part from
from the Contractor, or not received within 30 days of
furnishing the above notice any communication from
the Contractor by which the Contractor has indicated
the claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30 days, have
sent a written notice to the Surety (at the address
described in Paragraph 12) and sent a copy, or notice
thereof, to the Owner, stating that a claim is being made
under this Bond and enclosing a copy of the previous
written notice furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the Owner to the
Contractor or to the Surety, that is sufficient compliance.
6 When the Claimant has satisfied the conditions of Paragraph 4,
the Surety shall promptly and at the Surety's expense take the
following actions:
6.1 Send an answer to the Claimant, with a copy to the Owner,
within 45 days after receipt of the claim, stating the amounts
that are undisputed and the basis for challenging any amounts
that are disputed.
6.2 Pay or arrange for payment of any undisputed amounts.
7 The Surety's total obligation shall not exceed the amount of this
Bond, and the amount of this Bond shall be credited for any
payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the Con-
struction Contract shall be used for the performance of the Con-
struction Contract and to satisfy claims, if any, under any Con-
struction Performance Bond. By the Contractor hmishing and the
Owner accepting this Bond, they agree that all funds earned by the
Contractor in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and the Surety
under this Bond, subject to the Owner's priority to use the hnds
for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants or others
for obligations of the Contractor that are unrelated to the
Construction Contract. The Owner shall not be liable for pay-
ment of any costs or expenses of any Claimant under this Bond,
and shall have under this Bond no obligations to make payments
to, give notices on behalf of, or otherwise have obligations to
Claimants under this Bond.
10 The Surety hereby waives notice of any change, including
changes of time, to the Construction Contract or to related sub-
contracts, purchase orders and other obligations.
11 No suit or action shall be commenced by a Claimant under this
Bond other than in a court of competent jurisdiction in the
location in which the work or part of the work is located or after
the expiration of one year from the date (I) on which the Claim-
ant gave the notice required by Subparagraph 4. I or Clause 4.2.3,
or (2) on which the last labor or service was performed by anyone
or the last materials or equipment were furnished by anyone under
the Construction Contract, whichever of (1) or (2) first occurs. If
the provisions of this Paragraph are void or prohibited by law, the
minimum period of limitation available to sureties as a defense in
the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall be
mailed or delivered to the address shown on the signature page.
Actual receipt of notice by Surety, the Owner or the Contractor,
however accomplished, shall be suficient compliance as of the
date received at the address shown on the signature page.
13 When this Bond has been furnished to comply with a statutory
or other legal requirement in the location where the construction
was to be performed, any provision in this Bond conflicting with
said statutory or legal requirement shall be deemed deleted
herefrom and provisions conforming to such statutory or other
legal requirement shall be deemed incorporated herein. The intent
is that this Bond shall be construed as a statutory bond and not as
a common law bond.
hinted in cooperation with The American Institute of Architects (AIA) by WESTFIELD INSURANCE COMPANY 2 WESTFIELD INSURANCE COMPANY vouchcs that the language in the document conforms exactly
to the language used in AIA Document A-12, Decembcr 1984 Edition
14 Upon request by any person or entity appearing to be a poten-
tial beneficiary of this Bond, the Contractor shall promptly fur-
nish a copy of this Bond or shall permit a copy to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct con-
tract with the Contractor or with a subcontractor of the Con-
tractor to furnish labor, materials or equipment for use in the
performance of the Contract. The intent of this Bond shall be
to include without limitation in the terms "labor, materials or
equipment" that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental equipment used in the
Construction Contract, architectural and engineering services
required for performance of the work of the Contractor and
the Contractor's subcontractors, and all other items for which
a mechanic's lien may be asserted in the jurisdiction where
the labor, materials or equipment were furnished.
15.2 Construction Contract: The agreement between the
Owner and the Contractor identified on the signature page,
including all Contract Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has neither
been remedied nor waived, to pay the Contractor as required
by the Construction Contract or to perform and complete or
comply with the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY:
(Corporate Seal) (Corporate Seal)
TAMARAC, FL. 33321 DAVIE, FL, 3323 14
3 Printed in cooperation with The American Institutc of Architects (AIA) by WESTFIELD INSURANCE COMPANY
WESTFIELD INSURANCE COMPANY
the language used in AIA Document A-3 12, December I984 EDITION.
vouches that thc language in thc document conforms cxactly to
~
POWER NO. 0992202 04 General Power Westfield Insurance Co.
gf Atf o r n e y Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
Westfield Center. Ohio
Know A// Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company' and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint THEODORE J. JEDLICK, ROBERT H. BOND, JOINTLY OR SEVERALLY
of DAVIE and State of FL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE OUARAWfEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were Signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney-ln-Fact. may be given full power and authority for and In the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.'
'Be it Further Resolved, that the signature of any such designated person and the Seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 20th day of
MAY A.D..2003 .
ructythip-----.--------------.-------------------------.----.----.---- -.
On this 20th day of MAY A.D., 2003 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly
sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD
NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above
instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed
by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. ,A
Notanal
Seal
Affixed
State of Ohio My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.:
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still In full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
day of In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this
A.D.,
BPOAC2 (combined) (06-02)
c
1. 4
WESTFIELD
I N S U RAN C E
A member of Westfield GroupsM
Date 09/0 1/05
Policy/Bond Number 950001
Quote 0
Name LANDSCAPE SERVICE PROFESSIONALS, INC.
Street Address 61 15 N. MILITARY TRAIL
City, State, Zip TAMARAC, FL. 3341 0
Policyholder and/or Bondholder Disclosure:
NOTICE OF TERRORISM INSURANCE COVERAGE
On November 26,2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the
“Act”). The Act became effective immediately and establishes a temporary Federal program that provides
for a system of shared public and private compensation for an “insured loss” resulting from certified acts of
foreign “terrorism”, as defined under the Act. The Act further requires that all in-force exclusions for acts
of terrorism, as defined in the Act, already contained in a policy/bond or included as an endorsement in a
policy/bond, become nullified as of November 26,2002.
Coverage for acts of terrorism is included in your current policy/bond and/or in any policy/bond quoted
for you. You should know that, effective November 26,2002, under your existing coverage, any losses
caused by certified acts of terrorism would be partially reimbursed by the United States under a formula
established by federal law. Under this formula, the United States pays 90% of covered terrorism losses
exceeding the statutorily established deductible paid by the insurance company providing the coverage.
The actual coverage provided by your policy/bond for acts of terrorism, as is true for all coverages, is
limited by the terms, conditions, exclusions, limits, other provisions of your policy/bond, any
endorsements to the policy/bond and generally applicable rules of law.
During your current policy/bond period, the portion of your premium that is attributable to coverage for
acts of terrorism is $0.00. If it becomes necessary to include a premium for terrorism coverage in a future
renewal of your policy/bond, you will receive notification of that premium through a separate line in your
policyhond.
Should you have any question regarding this notice, please contact your insurance agent.
Agency Name JBI GROUP, INC.
City, State, Zip DAVIE, FL
Agency Code
One Park Circle P.O. Box 5001 Westfield Center, OH 44251-5001 9 1.800.243.0210 fax 330.887.0840 w.westfieldgrp.com
AD8529A 11 02
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 334104698
WORK AUTHORIZATION AND NOTICE TO PROCEED
PROJECT NO. PUB0048 DATE: 9/15/05
PROJECT TITLE: Militarv Trail Medians - Square Lake Drive S. north to Lilac Street
CONTRACTOR Landscaw Service Professionals. Inc.
YOU ARE HEREBY REQUESTED TO PROCEED WITH THE FOLLOWING WORK, AS
OUTLINED IN THE PROPOSAL ATTACHED HERETO, AND ALL WORK SHALL BE
PURSUANT TO THOSE ITEMS IN THE ANNUAL PUBLIC WORKS CONTRACT, BY
THIS REFERENCE INCORPORATED HEREIN, FOR THIS PROJECT AND TO PERFORM
THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
FOR AN AMOUNT NOT TO EXCEED $229,581.35.
THE WORK SHALL COMMENCE ON ocrade8 3 ,2005 AND BE SUBSTANTIALLY
COMPLETE NO LATER THAN NOVEMBER 30,2005 WITH A FINAL COMPLETION
DATE OF DECEMBER 30,2005.
THE UNDERSIGNED AGREES TO PROVIDE ALL SUCH INSURANCE AND BONDS AS
REQUESTED AND DEEMED NECESSARY BY THE CITY OF PALM BEACH GARDENS.
THE UNDERSIGNED, BY EXECUTION OF THIS WORK AUTHORIZATION AND
TO PROCEED, AGREES TO BE BOUND BY THE TERMS INCORPORATED
1
r /-
a- PROJECT AGER
TO BE FILLED OUT BY DEPARTMENT INITIATING WORK AUTHORIZATION
(mfl~, ky JQfLlCd oo/. 2080 51% b906
DEPARTMENT ACCOUNT NUMBER
CITY OF PALM BEACH GARDENS, FLORIDA
RECOMME
CITY COUNCIL MEMBEWCITY MANAGER
ATTEST:
CITY CLERK
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 16,2005
Meeting Date: October 6,2005
Resolution 155,2005
SubjectlAgenda Item: Resolution 155, 2005 - Approve a contract award to Peas & Carrots
Concession, Inc. for Food and Beverage Golf Course Concession and Catering Services, as
outlined in the Request for Proposals #2005-012,
[ X ] Recommendation to APPROVE
] Recommendatic
Reviewed by:
City Attorney n/
Allan Owens
Operations Director
Jack Doughney
n AqP Citv ana. r
I to DENY
Originating Dept.:
Din0 DeRostaing,
Purchasing Agent
Advertised: N/A
Date:
Paper:
[ X ] Not Required
Affected parties
motified
[ ] Not required
costs:
Funding Source:
[ X ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ 1Approved
[ ppproved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 155, 2005
[ ]None
Date Prepared: September 16,2005
Meeting Date: October 6,2005
Resolution 155,2005
1
0 BACKGROUND: In October 20 the City took over management of Palm Beach
Gardens Golf Course from Meadowbrook, Inc. with the understanding that the entire
operation would be reviewed in the future. In 2003, a “Letter of Interest” was sent to a wide
variety of potential respondents to “test the waters” requesting proposals that could range
from buying the Golf Course outright, to operating any or all individual functions:
maintenance, food and beverage, and pro shop. The responses were carefully evaluated by
City staff along with the Budget Review Committee. The results determined that it was in the
best interest of the City to retain full control of the maintenance function of the Golf Course,
and that initiating a Request for Proposals for outsourcing the Food & Beverage function
was recommended.
Food l& Beverage Vendors Average Score of Evaluation Committee
Julius Management Group, Inc. 63.75
The Request for Proposals #2005-012 was advertised on August 1 , 2005. The RFP
opening took place on August 24th. The City received responses from three (3) firms, with
the evaluation committee average scoring results as follows:
2
3
Peas & Carrots Concessions, Inc. 91.25
Subwav Non-resDonsive
The proposals were carefully reviewed by an evaluation committee of City staff who
determined the most responsive and responsible proposal. Due diligences by the committee
determined that Peas & Carrots Concessions, Inc. proposed the best values for Food and
Beverage Golf Course Concession and Catering Services.
At this time, staff recommends a contract award to cover an initial term of two (2) years with
four (4) one (1) renewal options to Peas & Carrots Concessions, Inc. for Food and Beverage
Golf Course Concession and Catering Services. If Council approves, this contracted service
will commence on November 1,2005.
STAFF RECOMMENDATION: Approve Resolution 155, 2005 authorizing the City to
award a contract to Peas & Carrots Concessions, Inc. for Food and Beverage Golf Course
Concession and Catering Services.
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RESOLUTION 155,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT TO
PEAS AND CARROTS CONCESSIONS, INC. FOR FOOD AND
BEVERAGE CONCESSION AND CATERING SERVICES AT THE
GOLF COURSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to contract for Food and Beverage Concession and
Catering Services at the Golf Course for the purpose of out-sourcing these services;
and
WHEREAS, the City issued a Request for Proposals (Number 2005-012) for
Food and Beverage Concession and Catering Services at the Golf Course, attached
hereto as Exhibit “A; and
WHEREAS, the City received a proposal for Food and Beverage Concession
and Catering Services at the Golf Course from Peas and Carrots Concessions, Inc.,
attached hereto as Exhibit “B”; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems approval
of this Resolution to be in the best interests 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 an agreement to Peas and
Carrots Concessions, Inc. for Food and Beverage Concession and Catering Services at
the Golf Course over the initial term of two (2) years with four (4) one (I) renewal
options, and authorizes the Mayor and City Clerk to execute the Agreement, attached
hereto as Exhibit “C.”
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: September 19,2005
Date Prepared: September 19,2005
Resolution 151, 2005
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46 47
day of ,2005. PASSED AND ADOPTED this
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
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G:\attorney-share\RESOLUTlONS\golf course concession-peas & carrots - reso 155 2005.doc
2
Date Prepared: September 16,2005
Meeting Date: October 6,2005
Resolution 155,2005
EXHIBIT A
REQUEST FOR PROPOSALS #2005-012
REQUEST FOR PROPOSALS
FOR
FOOD & BEVERAGE GOLF COURSE CONCESSION
AND CATERING SERVICES
RFP # 2005-012
August l9 2005
THE CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH GARDENS, FLORIDA
3341 0
1
THE CITY OF PALM BEACH GARDENS
REQUEST FOR PROPOSAL #2005-012
FOOD & BEVERAGE GOLF COURSE CONCESSION AND CATERING SERVICES
The City of Palm Beach Gardens Council is accepting sealed proposals for the following:
FOOD & BEVERAGE GOLF COURSE CONCESSION AND CATERING SERVICES
All Requests For Proposals (RFP), one (1) original and five (5) copies, must be received at the
address below in the Citv Clerk’s Office, no later than Wednesday, Auqust 24, 2005, at 2:OO
E, at which time all Requests For Proposals will be publicly opened and read. Receipt of a
response by any City office, receptionist, or personnel other than the City Clerk’s Office does not
constitute “receipt“ as required by this solicitation. The City Clerk’s time stamp shall be
conclusive as to the timeliness of receipt.
RFP documents may be obtained at the address below or by calling the City Clerk’s Office at
(561) 799-41 21. RFP documents will not be issued by the City Clerk’s Office unless the request
is received at least 24 hours prior to the opening of the RFP. RFP/Bid documents can be
downloaded from the City’s website link at: www.pbnfl.com/business/~p/~~.asp
Pre-Submittal Conference: Attendance is highly recommended for those intending to submit a
Proposal. The conference is to be held on Tuesday, August 16, 2005, at 2:OO p.m. at the Citv
of Palm Beach Gardens * Citv Hall Council Chambers * with a follow-up tour of the
P.B.G.G.C. Club House at 11401 Northlake Boulevard, Palm Beach Gardens.
All RFP documents are to be sealed when submitted and be delivered or mailed to:
The City of Palm Beach Gardens
City Clerk’s Office
10500 N. Military Trail
Palm Beach Gardens, FL 33410
On the enveloae(s) or box(es) containina the proaosal shall be written in lame letters:
“RFP # 2005-012 for FOOD & BEVERAGE GOLF COURSE CONCESSION AND CATERING
SERVICES”
To Be Opened: Wednesday, August 24,2005, at 2 p.m.
The City of Palm Beach Gardens reserves the right to accept or reject any or all proposals, in
whole or in part, with or without cause, to waive any informalities and technicalities, and to award
the Contract on such coverage and terms it deems will best serve the interests of the City.
Criteria utilized by the City of Palm Beach Gardens for determining the most responsible proposer
includes, but is not limited to, cost, whether the proposer meets the City of Palm Beach Gardens’
published specifications, the proposer’s experience, skill, ability, financial capacity, and any other
factors which could reasonably be asserted as being relevant to successful performance.
Proposers should anticipate the City may negotiate some or all of the components of a proposal
with one or more of the proposers in order to obtain the best value of services offered.
CITY OF PALM BEACH GARDENS
Patricia Snider, CMC
City Clerk
Publish: Palm Beach Post
Sunday, August 7,2005
Sunday, August 14,2005
2
FOOD & BEVERAGE GOLF COURSE CONCESSION AND CATERING
SERVICES
Request for Proposals #2005-012
PRE-SUBMITTAL CONFERENCE
It’s highly recommended that all prospective proposers attend this
Pre-submittal Conference at:
The City of Palm Beach Gardens
City Hall Council Chambers located at
10500 N. Military Trail, Palm Beach Gardens, Florida,
with a follow-up tour of the P.B.G.G.C. Club House located at
11401 Northlake Blvd., Palm Beach Gardens, Florida
On:
Tuesday, August 16,2005 at 2:OO p.m.
The purpose of the Pre-Submittal conference is to provide and solicit
information relative to the scope, purpose, nature and extent of the work,
and any local conditions, which may affect the work and its performance.
Submission of this RFP submittal shall constitute an acknowledgment by
the proposer that helshelit has thoroughly examined and is familiar with
the REQUEST FOR PROPOSALS #2005-012. The failure or neglect of a
proposer to examine the REQUEST FOR PROPOSALS #2005-012 shall in no
way relieve himlherlit of any obligation with respect to either hidherlits
proposal or this REQUEST FOR PROPOSALS. No claim for additional
compensation will be allowed which is based upon a lack of knowledge of
this REQUEST FOR PROPOSALS.
3
PART I - INTRODUCTION I INFORMATION
1. PURPOSE
The City of Palm Beach Gardens, Florida (City) is seeking proposals from
qualified firms, hereinafter referred to as the Proposer/Contractor, to provide food
and beverage concession and catering services in The City of Palm Beach
Gardens Golf Club House for the City’s Community Services Department, in
accordance with the terms, conditions, and specifications contained in this
Request for Proposals (RFP).
2. INFORMATION OR CLARIFICATION
For information concerning procedures for responding to this RFP, contact Arthur
DeRostaing, Purchasing Agent, at 561-804-701 4. For information concerning the
technical specifications or scope of services, contact Dan Reidy, Operations
Director, at 561 -804-701 0. Such contact shall be for clarification purposes only.
Changes to this RFP, if any, or to the scope of services or proposing procedures
will be only transmitted by written addendum.
It is preferred that all questions be submitted in writing to the City of Palm Beach
Gardens, Community Services Department, Attn: Arthur DeRostaing. To
facilitate prompt receipt of questions, they can be sent via FAX to 561-799-4134,
Attn: Arthur DeRostaing. Questions of a material nature must be received prior
to the cut-off date specified in the RFP Schedule. Proposers please note: No
part of your proposal can be submitted via FAX. The entire proposal must be
submitted in accordance with the Instructions to Proposers contained in this RFP.
3. SITE VISIT
It will be the sole responsibility of the Proposer to inspect the City’s Golf Course
Club House facilities and systems prior to submitting a proposal. There will be a
Pre-Submittal Conference held August 16, 2005, at the City’s Golf Course Club
House. No variation in price or conditions shall be permitted based upon a claim
of ignorance. Submission of a proposal will be considered evidence that the
Proposer has familiarized himself/herself/itself with the nature and extent of the
work, and the equipment, materials, and labor required. To schedule an
inspection, call Dan Reidy, Operations Director, at 561 -71 8-0533.
4. ELIGIBILITY
To be eligible to respond to the RFP, the proposing firm must demonstrate that it
or the principals assigned to the project, has successfully completed services,
similar in size and complexity to the City of Palm Beach Gardens.
5. PERFORMANCE BONDhRREVOCABLE LETTER OF CREDIT
The Contractor will execute and deliver to the City, within thirty (30) days after
notification of the award, a Performance Bond or Unconditional Irrevocable Letter
of Credit payable to the City, in the total contract amount as surety for faithful
performance under the terms and conditions of the contract. If the bond is on an
annual coverage basis, renewal of each succeeding year shall be submitted to
the City thirty (30) days prior to the termination date of the existing bond. The
Performance Bond must be executed by a surety company of recognized
standing, authorized to do business in the State of Florida, and having a resident
agent. If a letter of credit is chosen, it must be in a form acceptable to the City,
drawn on a bank acceptable to the City, and issued in favor of the City. Bonds
may not be canceled, terminated, or revised unless the City has been provided
with thirty (30) days’ written notice of said action by the advanced written notice
4
of such action by the surety. Surety must insert the registered agent to accept
service of process in the State of Florida directly in each bond document.
Acknowledgment and agreement is given by both parties that the amount herein
above set is not intended to be or shall be deemed to be in the nature of
liquidated damages nor is it intended to limit the liability of the Contractor to the
City in the event of a material breach of the agreement by the Contractor.
5
PART II - RFP TIME TABLE SCHEDULE
0 Release RFP - Monday, August 1,2005
0 Last Date for Receipt of Questions - 3 days prior to RFP opening
0 Pre-Submittal Conference - to be held at the City of Palm Beach
Gardens Golf Course Club House on Tuesday, August 16, 2005,
at 2:OO p.m.
0 Addendum Release (If required)
0 RRP submittal due date - on / before Friday, August 24, 2005 at
2:OO p.m.
0 After the RFP opening, the City of Palm Beach Gardens will review
and evaluate the proposals in a timely manner.
0 The City of Palm Beach Gardens may enter into a contract or
contracts after conducting negotiations and obtaining appropriate
approvals. The City of Palm Beach Gardens will notify unsuccessful
proposers.
6
PART 111 GENERAL CONDITIONS
1. SEALED RFP:
Original copy of RFP Submittal Form, as well as any other pertinent documents,
must be returned in order for the RFP to be considered for award. All RFP
documents are subject to the conditions specified herein and on the attached
Special Conditions, RFP Submittal Form, Fee Schedule with supporting
documentation, and Drug Free Workplace Form.
2. EXECUTION OF RFP:
The RFP must contain a manual signature of an authorized representative in the
space provided on the RFP Submittal Form. Failure to properly sign the RFP
shall invalidate same, and it shall NOT be considered for award. All of the RFP
must be completed in pen or be typewritten. No erasures are permitted. If a
correction is necessary, draw a single line through the entered figure and enter
the corrected figure above it. Corrections must be initialed by the person signing
the RFP. Any illegible entries, pencil RFP entries, or corrections not initialed will
not be tabulated. The original RFP conditions and specifications CANNOT be
changed or altered in any way after submitted to the City.
TAXES:
The City is exempt from all Federal Excise and State taxes. The
applicable tax exemption number is available on request and will be
shown on the Purchase Order.
Proposers are expected to examine the specifications, delivery
requirements, and all instructions pertaining to services. Failure to do so
will be at the proposer’s risk.
The City reserves the right to waive irregularities in RFP documents or to
reject any or all proposals or any part of any proposal deemed necessary
in the best interest of the City.
MISTAKES:
0 RFP CONDITIONS:
3. SAMPLES:
Samples of items, when required, must be furnished free of expense, and if not
destroyed, will, upon request, be returned at the proposer’s expense. Proposers
will be responsible for the removal of all samples furnished within thirty (30) days
after RFP opening. All samples will be disposed of after thirty (30) days. Each
individual sample must be labeled with the Proposer’s name. Failure of the
Proposer either to deliver required samples or to clearly identify samples may be
reason for rejection of the RFP Submittal. Unless otherwise indicated, samples
are delivered to Dan Reidv, ODerations Director, 10500 N. Militarv Trail, Palm
Beach Gardens, Florida 3341 0.
4. AWARDS:
The City reserves the right to reject all Proposals or any portion of any Proposal
deemed necessary in the best interest of the City; to accept any item or group of
items; to acquire additional quantities at prices quoted on the RFP Submittal
Form. All awards resulting from this RFP shall conform to applicable Florida
Statutes.
7
5. RFP OPENING:
Proposals shall be opened and publicly read in the Citv of Palm Beach
Gardens Council Chambers, 10500 N. Military Trail, Palm Beach Gardens,
Florida 33410 on the date and at the time specified on the REQUEST FOR
PROPOSALS posting. All RFP documents received after the due date and time
will be returned unopened.
6. INSPECTION, ACCEPTANCE, and TITLE:
Inspection and acceptance will be destination unless otherwise provided. Title
to/or risk of loss or damage to all items shall be the responsibility of the
successful proposer until acceptance by the City, unless loss or damage results
from negligence by the City. If the materials, goods or services supplied to the
City are found to be defective or not conform to specifications, the City reserves
the right to cancel the order upon written notice to the Proposer and return the
product at the Proposer’s expense.
7. DISPUTES:
Any actual or prospective Contractor who is aggrieved in connection with a
solicitation or award of a RFP or Contract may avail themselves of the City’s
purchasing procedures to resolve disputed matters or complaints.
The posting of the tabulation of this RFP will result in the intended award
recommendations. Posting shall be displayed in Demand Star’s Website
(www.demandstar.com) for public viewing. The City’s Purchasing Agent will also
notify all Proposers affected by the intended award of contract at the time of
posting of the intended award via telefax or other means.
Any actual or prospective Proposer who is aggrieved in the connection with the
solicitation or award of contract may file a written protest to City Clerk. Protesters
shall file their written protests with the City Clerk, Monday through Friday,
between the hours of 8:OO a.m. and 500 p.m., excluding legal holidays. Protests
shall contain the name, address, and phone number of the petitioner, name of
petitioner’s representative (if applicable), the name and bid number of the
solicitation. The protest shall specifically describe the subject matter, facts giving
rise to the protest, and the action requested from the City.
The written protest must be received no later than 72 consecutive hours
(excluding Saturdays, Sundays, and legal holidays) after the time of initial
posting. Failure to file a timely formal written protest within the time period
specified shall constitute a waiver by the vendor of all rights of protest under this
Bid/Proposal Protest Procedure.
In the event of a timely protest, the City shall not proceed further with the
solicitation, with the award of the RFP, and the related contract until all
administrative remedies are exhausted, or until the City Manager determines the
award of the RFPkontract is necessary immediately to protect the public health,
welfare, or safety.
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a. LEGAL REQUIREMENTS:
Federal, State, County and City laws, ordinances, rules, and regulations that in
any manner affect the items covered herein apply. Lack of knowledge by the
Proposer will in no way be a cause for relief from responsibility.
9. INDEMNIFICATION:
The parties agree that 1% of the total compensation paid to the Proposer for the
performance of the contract shall represent the specific consideration for the
Proposer's indemnification of the City as set forth in this Section and in the
Terms and Conditions.
To the fullest extent permitted by Laws and Regulations, Proposer shall
indemnify and hold harmless the City and its consultants, agents, and employees
and Council from and against all claims, damages, losses, and expenses, direct,
indirect, or consequential (including, but not limited to, fees and charges of
attorneys and other professionals and court and arbitration costs) arising out of
or resulting from the performance of the work, provided that any such claim,
damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property (other than the work
itself), including the loss of use resulting from there and (b) is caused in whole
or in part by any willful or negligent act or omission of Proposer, any
subcontractor, any person, or organization directly or indirectly employed by any
of them to perform or furnish any of the work or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in part by a
party indemnified hereunder or arises by or is imposed by Law and
Regulations regardless of the negligence of any such party.
In any and all claims against the City or any of their consultants, agents, or
employees or Council by any employee of Proposer, any subcontractor, any
person, or organization directly or indirectly employed by any of them to perform
or furnish any of the work or anyone for whose acts any of them may be liable,
the indemnification obligation under the above paragraph shall not be limited in
any way by any limitation on the amount or type of damages, compensation, or
benefits payable by or for Proposer or any such subcontractor or other person
or organization under workers' or workman's compensation acts, disability
benefit acts, or other employee benefit acts.
It is the specific intent of the parties hereto that the foregoing indemnification
complies with Section 725.06, Florida Statutes. It is further the specific intent and
agreement of the parties that all of the Contract Documents on this project are
hereby amended to include the foregoing indemnification and the "Specific
Consideration" therefore.
The official title of the City is "The City of Palm Beach Gardens". This official title
shall be used in all insurance certificates, or other legal documentation. The City
of Palm Beach Gardens is to be included as "Additional Insured" with respect to
liability arising out of operations performed for the City by or on behalf of
Proposer or acts or omissions of Proposer in connection with such operation.
10. PATENTS & ROYALTIES:
The Proposer, without exception, shall indemnify and save harmless the City and
its employees from liability of any nature or kind, including cost and expenses for,
or on account of, any copyrighted, patented, or unpatented invention, process, or
article manufactured or used in the performance of the contract, including its use
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11.
12.
13.
14.
15.
16.
by the City. If the Proposer uses any design, device or materials covered by
letters, patent, or copyright, it is mutually understood and agreed, without
exception, that the Proposal prices shall include all royalties or cost arising from
the use of such design, device, or materials in any way involved in the work.
OSHA:
The Proposer warrants that the product and services supplied to the City of Palm
Beach Gardens, Florida shall conform in all respects to the standards set forth in
the Occupational Safety and Health Act of 1970, as amended, and the failure to
comply with this condition will be considered as a breach of contract. Any fines
levied because of inadequacies to comply with these requirements shall be borne
solely by the Proposer responsible for it.
SAFETY PRECAUTIONS:
The Proposer shall, if required, maintain suitable and sufficient lighting for the
prevention of accidents and all minimum safety health code standards required
by municipal, County, State, and Federal laws, rules, regulations, codes,
ordinances, directives, guidelines, and laws shall be strictly met by the Proposer.
SPECIAL CONDITIONS:
Any Special Conditions that may vary from these General Conditions shall have
precedence.
LI AB1 LITY, INSURANCE, LICENSES, AND PERM ITS:
Where the Proposer is required to enter or go into City property to perform work
or services because of an RFP award, the successful Proposer will assume the
full duty, obligation and expense of obtaining all necessary licenses, permits and
insurance and assure all work complies with all Federal, State, County, and City
requirements. The Proposer shall be liable for any damages or loss to the City
occasioned by negligence, gross negligence, willful or wanton acts of the
Proposers (or agent) or any person the Proposer has designated in the
completion of the contract because of the proposal.
The Proposer, corporate or individual, must be fully licensed and certified for the
type of work to be performed in the State of Florida at the time of submittal of its
response to this RFP. Should the Proposer not be fully licensed and certified, its
proposal shall be rejected.
PERFORMANCE / PAYMENT BONDS and CERTIFICATES OF INSURANCE:
Performance and Payment Bond will be required upon the issuance of the fully
executed and approved contract. The awarded Proposer shall be submitting
100% Performance and Payment Bonds in the total contract amount. The
successful Proposer(s) will submit to the City current certificate(s) of insurance in
the amount specified in Part lV Special Conditions / Section 79.
DEFAULT / FAILURE TO PERFORM:
The City shall be the sole judge of nonperformance, which shall include any
failure on the part of the successful Proposer to accept the award, to furnish
required documents, and/or to fulfill any portion of the contract within the time
stipulated.
Upon default by the successful Proposer to meet any terms of the contract, the
City will notify the Proposer to remedy the default. Failure on the Proposer’s part
to correct the default within the required three (3) days shall result in the contract
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17.
18.
19.
20.
being terminated and the City notifying Proposer in writing the of its intentions
and the effective date of the termination. The following shall constitute default:
Failure to perform the work required under the contract and/or within the
time required or failing to use the subcontractors, entities, and personnel
as identified and set forth, and to the degree specified in the contract or
authorization to proceed.
Failure to begin the work under the contract within the time specified.
Failure to perform the work with sufficient workers and equipment or with
sufficient materials to ensure timely completion.
Neglecting or refusing to remove materials or perform new work where
prior work was rejected is judged a demeanor as to nonconforming with
the terms of the contract.
Becoming insolvent, being declared bankrupt, or committing act of
bankruptcy or insolvency, or making an assignment renders the
successful Proposer incapable of performing the work in accordance with
and as required by the contract.
Failure to comply with any of the terms of the contract in any material
respect.
Failure to comply with the terms of this RFP, including but limited to the
Special Conditions.
In the event of default of a contract, the
attorney’s fees and court costs incurred
successful Proposer shall pay the City for
completion of the contract/project.
CANCELLATION:
successful Proposer shall pay all
in collecting any damages. The
any costs incurred in ensuring the
The City reserves the right to cancel the contract by written notice to the
Proposer effective the date specified in the notice and the following will apply:
The Proposer is determined by the City to be in breach of any of the
terms and conditions of the contract and/or to have failed to perform
his/her/its services in a manner satisfactory to the City. In the event the
Proposer is found to be in default, the Proposer will be paid for all labor
and materials provided as of the termination date. No consideration will
be given for anticipated loss of revenue or the canceled portions of the
con t ract .
The City has determined that such cancellation will be in the best interest
of the City to cancel the contract for its own convenience.
Funds are not available to cover the cost of the services. The City’s
obligation is contingent upon the availability of appropriate funds.
SUBSTITUTIONS:
The CITY WILL NOT accept substitute services of any kind. Proposer(s) is
expected to furnish the services quoted in its RFP response once awarded. Any
substitute services will be at the Proposer’s expense.
FACILITIES:
The City reserves the right to inspect the Proposer’s facilities at any time with
prior notice.
RFP TABULATIONS:
Proposer desiring a copy of the RFP tabulation may request it by enclosing a
self-addressed stamped envelope with its RFP Submittal Form.
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21. APPLICABLE LAW AND VENUE:
The law of the State of Florida shall govern the contract between the City and the
successful Proposer and any action shall be brought in Palm Beach County,
Florida. In the event of litigation to settle issues arising hereunder, the prevailing
party in such litigation shall be entitled to recover against the other party its costs
and expenses, including reasonable attorney fees, which shall include any fees
and costs attributable to appellate proceedings arising on and of such litigation.
22.
23.
CLARIFICATION AND ADDENDA TO RFP SPECIFICATIONS:
If any person contemplating submitting a Proposal under this Request for
Proposals is in doubt as to the true meaning of the specifications or other RFP
documents or any part thereof, the Proposer must submit to the Purchasing
Agent, at least three (3) calendar days prior to scheduled RFP opening, a
request for clarification. All such requests for clarification must be made in
writing, and the person submitting the request will be responsible for its timely
delivery.
Any interpretation of the RFP, if made, will be made only by Addendum duly
issued by the City’s Purchasing Agent. The City shall issue an Informational
Addendum if clarification or minimal changes are required. The City shall issue a
Formal Addendum if substantial changes are required, which affect the technical
requirements of the RFP Submittal. A copy of such Addendum will be sent to
each Proposer receiving the Invitation for Proposals. In the event of conflict with
the original RFP Documents, Addendum shall govern all other RFP and Contract
Documents to the extent specified. Subsequent addendum shall govern over
prior addendum only to the extent specified.
AWARD OF CONTRACT:
A contract may be awarded to the most responsive, responsible Proposer
whose RFP submittal, conforming to the Request for Proposal, is most
advantageous to the City. The responsive, responsible Proposer will be
determined in conjunction with the method of award, described in the
Special Conditions.
The City shall award a contract to a Proposer through action taken by the
City Council or the City Manager.
The General Conditions, Special Conditions, Technical Specifications I
Scope of Services, and the Proposer’s RFP Submittal are collectively an
integral part of the contract between the City and the successful
Proposer.
While the City may determine to award a contract to more than one
Proposer under this Request for Proposals, said award may be
conditional on the subsequent submission of other documents as
specified in the Special Conditions. The Proposer shall be in default of
any conditional award if any of these documents are not submitted in a
timely manner and in the form required by the City. If the Proposer is in
default, the City, through its designated Purchasing Agent, will void its
acceptance of the Proposer’s offer and may determine to select the next
most responsive, responsible Proposer or re-solicit the RFPs. The City,
at its sole option, may seek monetary restitution from the defaulting
Proposer because of damages or excess costs sustained and/or may
prohibit the Proposer from submitting future Bids/Proposals for a period of
one year.
0
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24.
25.
26.
27.
28.
The City reserves the right to exercise the option to renew a term contract
of any successful Proposer to a subsequent optional period, as stipulated
in the Special Conditions Part IV / Section 10, and is contained in any
contract ultimately awarded concerning this RFP award.
The City reserves the right to automatically extend any contract for a
maximum period not to exceed ninety (90) calendar days in order to
provide City departments with continual service and supplies while a new
contract is solicited, evaluated, and/or awarded, provided this is expressly
part of any contract awarded concerning this RFP.
ASSIGNMENT:
The Proposer shall not assign, transfer, convey, sublet or otherwise dispose of
any contract, including any or all of its right, title, or interest therein, or hidher/ to
execute such contract to any person, company or corporation without prior
written consent of the City.
LAWS, PERMITS AND REGULATIONS:
The awarded contractor shall obtain and pay for all licenses, permits, and
inspection fees required for this project, and shall comply with all laws,
ordinances, regulations, and building code requirements applicable to the work
contemplated herein.
PUBLIC ENTITY CRIMES:
As provided in Section 287.133(2) (a), Florida Statutes, a person or affiliate who
has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a Bid on a contract to provide any goods or services
to a public entity, may not submit a Bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit Bids on
leases of real property to a public entity, and may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with
any public entity.
CONFLICT OF INTEREST AND CODE OF ETHICS:
The award is subject to provisions of State Statutes and City policies. All
Proposers must disclose with their RFP the name of any officer, director, or
agent who is also an employee of the City. Further, all Proposers must disclose
the name of any City employee who owns, directly or indirectly, an interest of 5%
or more in the Proposer's firm or any of its branches.
If any Proposer violates or is a party to a violation of the code of ethics of the
State of Florida with respect to this RFP, such Bidder/Proposer may be
disqualified from performing the work described in this RFP or from furnishing the
goods or services for which the RFP document is submitted and shall be further
disqualified from bidding/proposing on any future BidslRFPs for work or for
goods or services for the City. A copy of the State Ethics Codes is available on
line at http://www.fIsenate.qov.
NON-COLLUSION:
Bidder/Proposer certifies that this offer is made without prior understanding,
agreement, or connection with any corporation, firm or person submitting an offer
for the same materials, services, supplies, or equipment and is in all respects fair
and without collusion or fraud.
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No premiums, rebates, or gratuities are permitted, either with, prior to or after any
delivery of material or provision of services. Any violation of this provision may
result in the contract cancellation, return of materials or discontinuation of
services, and the possible removal from the vendor Bid/RFP list(s).
29. FLORIDA PUBLIC RECORDS ACT:
All material submitted regarding this RFP becomes the property of the City. Any
person may review the RFP submissions ten (IO) days after the public opening.
Proposer should take special note of this as it relates to any proprietary
information that might be included in its offer.
Any resulting contract may be reviewed by any person after the contract has
been executed by the City. The City has the right to use any or all
informationlmaterial submitted in response to this RFP and/or any resulting
contract from it. Disqualification of a Bidder/Proposer does not eliminate this
right.
30. DRUG-FREE WORKPLACE PROGRAMS:
In the event of an identical tied bid or proposal, preference will be given to local
vendors. If none of the vendors are local, preference shall be given to the
business submitting proof of Drug-Free Work Place (DFW) Programs.
AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES:
All Proposers submitting a response to this RFP agree that such response also
constitutes a response to all State Agencies and Political Subdivisions of the State
of Florida under the same terms and conditions, for the same prices, and for the
same effective period as specified in this RFP should the successful Prosper(s)
deem it in the best interest of its business to do so.
31.
The contract resulting from this RFP in no way restricts or interferes with any State
Agency or Political Subdivision of the State of Florida from re-solicitation for any or
all items specified in this RFP.
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PART IV - SPECIAL CONDITIONS
1. GENERAL CONDITIONS:
RFP General Conditions from page 7 to 14 are included and made a part of this
RFP.
2. VARl AN C E S :
While the City allows Contractors to take variances to the RFP terms, conditions,
and specifications, the number and extent of variances taken will be considered
in determining proposal responsiveness and in allocating proposal evaluation
points. See Part VI (page 26).
3. PUBLIC ENTITY CRIMES:
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity; may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work; may
not submit bids on leases of real property to the public entity; may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity; and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017,
Florida Statutes, for Category Two for a period of 36 months from the date of
being placed on the convicted vendor list.
4. NEWS RELEASEIPUBLICITY:
News releases, publicity releases or advertisements relating to the contract or
the tasks or projects associated with the project shall not be made without prior
City approval.
5. RFP DOCUMENTS:
The Proposer shall examine this RFP carefully. Ignorance of the requirements
will not relieve the Proposer from liability and obligations under the contract.
6. PROPOSERS’ COSTS:
The City shall not be liable for any costs incurred by Proposers in responding to
this RFP.
7. RULES AND PROPOSALS:
The signer of the proposal must declare that the only person(s), company, or
parties interested in the proposal as principals are named therein; that the
proposal is made without collusion with any other person(s), company, or parties
submitting a proposal; that it is in all respects fair and in good faith, without
collusion or fraud; and that the signer of the proposal has full authority to bind the
principal Proposer.
8. CONFIDENTIAL INFORMATION:
Florida law provides that municipal records shall at all times be open for personal
inspection by any person. (Section 119.01, F.S., the Public Records Law)
Information and materials received by the City in connection with all Proposer’s
responses shall be deemed to be public records subject to inspection upon
award, recommendation for award, or 10 days after bid opening, whichever
occurs first. However, certain exemptions to the public records law are statutorily
provided for in Section 119.07, Florida Statutes. Therefore, if the Proposer
believes any of the information contained in his/her/its response is exempt from
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the Public Records Law, then the Proposer must, in hislherlits response
specifically identify the material which is deemed to be exempt and cite the legal
authority for the exemption; otherwise, the City will treat all materials received as
public records.
9. APPROVED EQUAL OR ALTERNATE PRODUCT PROPOSALS:
The technical specifications contained in this RFP are to be used as a reference
only and are not to be considered of a proprietary nature. These specifications
represent a level of quality and features which are desired by the City of Palm
Beach Gardens. The City is receptive to any food and beverage product and l or
which would be considered by qualified City personnel as an approved equal.
The Proposer must state clearly in hislherlits proposal pages any variance to the
specifications. If proposing an approved equal or alternate product, it will be the
Proposer’s responsibility to provide adequate information in hislherlits proposal
to enable the City to ensure that the proposal meets the required criteria. If
adequate information is not submitted with the proposal, it may be rejected.
The City of Palm Beach Gardens will be the sole judge in determining if the food
and beverage product proposed qualifies as approved equal. The City reserves
the right to award to that proposal which will best serve the interest of the City as
determined by the City. The City further reserves the right to waive minor
variations to specifications and in the bidding process.
IO. CONTRACT PERIOD:
The initial contract term shall commence upon final execution of the
contract by the City and shall expire two years from that date. The City
reserves the right to extend the contract for four (4) additional one (1) year
terms providing all terms, conditions, and specifications remain the same; both
parties agree to the extension; and such extension is approved by the City.
In the event services are scheduled to end because of the expiration of the
contract, the Contractor shall continue the service upon the request of the
Operations Director. The extension period shall not extend for more than ninety
(90) days beyond the expiration date of the existing contract. The Proposer shall
be compensated for the service at the rate in effect when this extension clause is
invoked by the City.
11. CONTRACT COST ADJUSTMENTS:
The prices currently charged shall remain in effect for the first six (6) months of
the contract. Prices for new items and adjustments to current prices shall require
prior approval of the City. Such approval shall not be unreasonably delayed or
denied if the recommended prices are competitive with and consistent with prices
charged at similar locations in Dade, Broward, and Palm Beach counties for
Food and Beverage Concession Services.
The City may, after examination, refuse to accept the adjusted costs if they are
not properly documented, increases are considered to be excessive, or
decreases are considered to be insufficient. In the event the City does not wish
to accept the adjusted costs, and the matter cannot be resolved to the
satisfaction of the City, the City reserves the right to cancel the contract upon
giving thirty (30) days notice to the Proposer.
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12.
13.
14.
15.
16.
17.
NO EXCLUSIVE CONTRACT/ADDlTlONAL SERVICES:
Proposer agrees and understands that the contract shall not be construed as an
exclusive arrangement and further agrees that the City may, at any time, secure
similar or identical services at its sole option.
While the contract is for services provided to the City’s Community Services
Department, the Citv may require similar work for other City departments /
divisions. Proposer agrees to take on such work unless such work would not be
considered reasonable or become an undue burden to the Proposer. Example:
Youth Sports Concession Services are those associated with use of the Citv’s
athletic facilities.
DELETION OR MODIFICATION OF SERVICES:
The City reserves the right to delete any portion of the Contract at any time
without cause, and if such right is exercised by the City, the total fee shall be
reduced in the same ratio as the estimated costs of the work deleted bears to the
estimated cost of the work originally planned. If work has already been
accomplished on the portion of the contract to be deleted, the Contractor shall be
paid for the deleted portion on the basis of the estimated percentage of the
completion of such portion.
If the Proposer and the City agree on modifications or revisions to the task
elements, after the City has approved work to begin on a particular task or
project, and a budget has been established for that task or project, the Proposer
will submit a revised budget to the City’s Project Manager for approval prior to
proceeding with the work.
ADDITIONAL ITEMS:
The City may require additional food and beverage items of a similar nature, but
not specifically listed in the contract. The Contractor agrees to provide such
items, and shall provide the City prices on such additional items based upon a
formula or method which is the same or similar to that used in establishing the
prices in his/her/its proposal. If the price(s) offered are not acceptable to the
City, and the situation cannot be resolved to the satisfaction of the City, the City
reserves the right to procure those items from other vendors, or to cancel the
contract upon giving the Contractor thirty (30) days written notice.
WARRANTIES OF USAGE:
Any estimated quantities listed are for information and tabulation purposes only.
No warranty or guarantee of quantities needed is given or implied. It is
understood that the Contractor will furnish the City’s needs as they arise.
SUBSTITUTION OF PERSONNEL:
It is the intention of the City that the Proposer’s personnel proposed for the
contract will be available for the initial contract term. In the event the Contractor
wishes to substitute personnel, he/she/it shall propose personnel of equal or
higher qualifications, and all replacement personnel are subject to City approval.
In the event substitute personnel are not satisfactory to the City and the matter
cannot be resolved to the satisfaction of the City, the City reserves the right to
cancel the Contract for cause (See Part 111 General Conditions / Section 9).
INDEPENDENT CONTRACTOR:
The Contractor is an independent contractor under the contract. Personnel
services provided by the Contractor shall be by employees of the Contractor and
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subject to supervision by the Contractor, and not as officers, employees, or
agents of the City. Personnel policies, tax responsibilities, social security, health
insurance, employee benefits, purchasing policies and other similar
administrative procedures applicable to services rendered under the Contract
shall be those of the Contractor.
18. UNCONTROLLABLE CIRCUMSTANCES (“Force Majeure”):
The City and Contractor will be excused from the performance of their respective
obligations under the contract when and to the extent that their performance is
delayed or prevented by any circumstances beyond their control including, fire,
flood, explosion, strikes or other labor disputes, act of God or public emergency,
war, riot, civil commotion, malicious damage, act or omission of any
governmental authority, delay or failure or shortage of any type of transportation,
equipment, or service from a public utility needed for their performance provided
that:
The non-performing party gives the other party prompt written notice
describing the particulars of the Force Majeure, including, but not limited
to, the nature of the occurrence and its expected duration, and continues
to furnish timely reports with respect thereto during the period of the
Force Majeure;
The excuse of performance is of no greater scope and of no longer
duration than is required by the Force Majeure.
0 No obligations of either party that arose before the Force Majeure causing
the excuse of performance are excused as a result of the Force Majeure.
0 The non-performing party uses its best efforts to remedy its inability to
perform.
Notwithstanding the above, performance shall not be excused under this Section
for a period in excess of two (2) months, provided that in extenuating
circumstances, the City may excuse performance for a longer term. Economic
hardship of the contractor will not constitute Force Majeure. The term of the
contract shall be extended by a period equal to that during which either party’s
performance is suspended under this Section.
19. INSURANCE:
The Contractor shall carry the following insurance coverage at all times:
Worker’s Compensation & Employer’s Liability Insurance
Limits: Worker’s Compensation - Statutory Employer’s Liability:
Bodily Injury by Accident: $1 00,000 each accident
Bodily Injury by Disease - $500,000 policy limit
Bodily Injury by Disease - $1 00,000 each employee
Commercial General Liability Insurance Limits:
Combined Single Limit (CSL) Bodily Injury/Property Damage - $1,000,000
Products Liability Limits: CSL $1,000,000
Automobile Liability Insurance Limits:
Bodily Injury - $250,000 each person, $500,000 each occurrence
Property Damage - $1 00,000 each occurrence -0R- CSL - $1,000,000
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20.
21.
22.
The City shall be named as an additional insured. Original Certificates of
insurance must be submitted to the Purchasing Division and be approved by the
City’s Risk Manager prior to commencement of any work.
The required insurance coverage shall be issued by an insurance company
authorized and licensed to do business in the State of Florida, with the minimum
rating of “A or better, in accordance with the latest edition of A.M. Best’s
Insurance Guide.
License Fee:
Percentage License Fee:
The Contractor shall pay to the City as monthly percentage license fee the
percentage of gross receipts. Said percentage license fee shall be paid to the
City by the of each month for the preceding month, and said payment shall
be accompanied by a statement of gross receipts for the preceding month.
- Tax:
It is also understood that the applicable tax on license fee payments shall be
added to the license fee payment to the City which the City will then pay to the
State. The City is to receive the license fee amount as net, free and clear of all
costs and charges arising from, or relating to, said premises. License tax, paid
directly to the City, is computed as follows: State prevailing license tax times
agreed-upon percentage of gross receipts net of sales tax.
Penalty for Late Payments:
In the event Contractor fails to pay any license fee payment due hereunder within
five (5) days of the due date, there shall be added to such payment a late charge
of $50.00 and interest at the highest rate allowed by law until the license
payment is brought up to date.
GROSS RECEIPTS:
The term “gross receipts” as used herein shall include all receipts, whether
collected or accrued, derived by Contractor from all business conducted upon or
from the premises, including all receipts from the sale of food, beverages, beer
and wine, or from any food and beverage source whatsoever.
RECORDS, ACCOUNTS AND STATEMENTS:
Contractor shall keep on the premises, or such other place within Dade, Broward,
Martin, or Palm Beach County, Florida, approved by the City, true, accurate, and
complete records and accounts of all sales, rentals, and business being
transacted upon or from the premises and shall give the City or City’s
representative, access during reasonable business hours and upon three (3)
business days notice to examine and audit such records and accounts. Such
records shall be maintained as an independent certified public accountant would
need to examine in order to certify a statement of Contractor’s gross receipts
pursuant to generally-accepted auditing standards.
Contractor shall submit a detailed report of each event, and the statement shall
be provided to the City within forty-eight (48) hours after completion of event.
Within fifteen (15) days after each month of the term thereof, Contractor shall
deliver to the City a written monthly statement of the daily gross receipts for such
month certified by Contractor to be true, accurate, and complete, and shall pay to
the City at that time the percentage due plus any applicable sales tax for said
events.
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23.
24.
25.
26.
An annual audit by a Certified Public Accountant shall be submitted to the City no
later than sixty (60) days after the end of each contract year.
In the event the City is not satisfied with any statement submitted by the awarded
contractor, the City shall have the right to make a special audit, by auditors
selected by the City, of all books and records required to be made and preserved
by the Contractor. If such audit determines that there is a deficiency in excess of
1% payable to the City, the amount thereof and the cost of the audit shall be paid
by the Contractor.
Cash registers must be used in all operations at which cash and payments are
received for the proper control and accounting of revenue. Daily cash register
tapes must be saved and available for the City to compare with the monthly
statements.
MANNER OF OPERATION:
Contractor shall keep the concession facility reasonably stocked and reasonably
staffed to serve the patrons thereof, and the Contractor shall maintain a standard
of quality of food and beverage at least equal to current / similar operations on
the premises at reasonably comparable prices.
The concession shall be open whenever events are scheduled. Expanded hours
are permissible with the prior approval of the Director. Nothing herein contained
shall be construed to authorize hours contrary to the laws governing such
operations.
CITY FACILITY AND EQUIPMENT MAINTENANCE AND REPAIRS:
Durinq the term hereof, Contractor, at Contractor’s expense, shall, to the
satisfaction of the City, keep and maintain the premises and all improvements
and City-provided equipment thereon in uood and sanitarv order, condition, and
repair for its useful life, consistent with similar operations in the Dade, Broward,
Martin, and Palm Beach County premises. The awarded contractor may utilize
his/her/its own equipment, as needed, to upgrade the efficiency and quality of
his/her/its services. The contractor must clearly label and identify his/her/its
owned assets located on premises.
Upon expiration or termination hereof, Contractor shall surrender and deliver up
to the City and premises all appliances and equipment provided by the City in
good and usable condition, ordinary wear and tear as excepted.
CONTRACTOR EQUPMENT MAINTENANCE AND REPAIRS:
All equipment provided by the Contractor will remain the property of the
Contractor, and any maintenance required thereon shall be the responsibility of
the Contractor. The City shall incur no obligation for repairs.
CONDITION OF PREMISES:
Contractor shall, at his/her/its expense, maintain the premises in a clean,
attractive and orderly condition. The Contractor shall be responsible for the
prompt removal of all trash, litter, and debris which accumulates on or about the
premises which is attributable directly or indirectly to or arising out of its use,
specifically including any litter, left by the Contractor, its visitors or spectators.
The Contractor shall deposit all such trash, litter and debris in the containers
provided by the City for pickup at locations to be determined by the City. The
Contractor shall comply with all laws, rules, regulations, codes, ordinances,
20
27.
28.
29.
30.
31.
32.
33.
34.
directives, and guidelines, whether state, federal, or local, including, but not
limited to, all health inspection laws.
S EC U Rl TY:
The City of Palm Beach Gardens has its own Security System in place.
STANDARDS OF CONDUCT:
The Contractor shall, at all times, comply with all rules, regulations and
ordinances of the City and other governmental agencies having jurisdiction. The
Contractor shall further take all precautions and extreme care to conduct its
activities in a safe and prudent manner with respect to its agents, employees,
members, visitors, and participants in any activity within the premises.
SIGNS:
No signs whatsoever, including advertising signs and fliers, shall be erected or
permitted upon the premises until they have first been approved by the City.
UTILITIES:
The City shall provide for water, sewer, electricity, trash, rubbish and garbage
removal services at its sole cost. Contractor shall be responsible for all other
charges for utilities or any other services which may be furnished to the premises
during the term hereof.
AUTHORITY:
Use by the Contractor of the premises shall be coordinated by Dan Reidy,
Director of Operations, or by his designee. The Director shall have the authority
to suspend all or any portion of any of the activities of the Contractor when, in the
Director’s opinion, such may be or are detrimental to the public or to the City, or if
the City has reason to believe any law or ordinance is being violated by the
Contractor, or its agents, employees, or patrons. In the event the Director so
suspends activities for a period of 45 or more consecutive days, the Contractor
shall have the right to cancel the contract.
SUBLEASE AND ASSIGNMENT:
Contractor shall not sublease the premises or any part thereof nor enter into any
concession agreement, nor assign this contract or any portion thereof to any
other person or firm without first obtaining the prior written approval of the City.
The City reserves the right to reject any such request in its best interest and
without penalty.
INSPECTION :
For the purpose of inspection, the City reserves the right to enter upon any part
of the premises at any time during the period the business is to be open under
the terms of the contract.
ATTORNEY FEES:
Contractor agrees to pay the cost of collection and reasonable attorney fees on
any part of said license fee that may be collected by suit or by attorney after the
same is past due.
21
PART V - TECHNICAL SPECIFICATIONS / SCOPE OF SERVICES
1. GENERAL INFORMATION / INTENT:
The Palm Beach Gardens Golf Course (P.B.G.G.C.) owns and operates a facility
located at 11401 Northlake Boulevard, Palm Beach Gardens, Florida.
Contractor must have the capability to provide daily food and beverage services
to golf course patronage and medium to large indoor I outdoor special events
during the operation of the Golf Course. Additional portable equipment would
need to be brought in as special events may dictate.
2. THE CITY RESERVES THE RIGHT TO:
0 Approve promotional giveaways by tenants which may conflict with food
and beverage sales.
0 Approve the use of outside firms for special-event-type functions.
Catering fee will be established for these types of events. Successful
bidder / proposer will have first right of refusal for catering services.
0 Approve all advertising sales. The City may request use of a specific
product by Contractor at a price to be competitive with market price.
0 Allow selected groups to provide specialty food items at selected events,
i.e., promotional / fund raising golfing events. In such case, a best-effort
basis will be made to have Contractor provide soft drinks, coffee, tea, hot
chocolate, and beer, or other liquid refreshments.
0 Approve all novelty and program sales. Contractor may be requested to
act as agent for the City in which case a negotiated fee or percentage will
be agreed upon for services rendered. Such fee will be agreed upon
between the Operations Director and Contract Manager.
0 Approve all food and beverage prices.
0 Limit hours of operation of selling of particular items as a result of golfing
event requirements or event compatibility.
0 Engage in, or contract for, outside catering services for only City-
sponsored events.
3. THE CONTRACTOR IS RESPONSIBLE TO:
Obtain all licenses and permits required in its name and at its cost prior to
starting operations.
0 Honor any sponsorship agreements the City enters into.
0 Pay any and all taxes required directly to the Federal, State and local
authorities.
0 Provide permanent menu boards showing items offered, portion, price,
etc.
22
Clean up and maintain the concession area and police a thirty (30) foot
radius area from said concession.
Obey all health and safety rules.
Present all products in a pleasing and attractive manner.
Make all items readily accessible to the public.
Remove all storage equipment, canisters, kegs, etc. to the designated
storage area or trash disposal area immediately upon completion of
event.
Provide highest quality standard of product and presentation. All items
shall be prepared fresh for each event day.
Not operate off-site functions from the facilities or remove equipment
except to other facilities owned by the City, unless equipment is solely
owned by the Contractor.
Require all employees to be attired in a standard uniform of the
Contractor’s choice. Said uniform shall be neat and appropriate for the
type of operation and shall be approved by the City.
4. DEFAULT
In the event the Contractor defaults in the performance of the contract, the City
shall have the following options:
The Director shall give the Concessionaire a thirty (30) day written notice
of default. If the problem is not solved within the thirty (30) days, the City
may terminate the contract upon forty-eight (48) hours written notice,
assume the operation of said concession, and exclude the contractor
from the premises.
City may retain any of Contractor’s money in its possession and any of
the Contractor’s property on the premises and apply same to payment of
any and all claims which may be due to the City.
City may recover at law any and all claims which may be due to the City.
City may perform such work as it deems necessary to cure said default of
subsequent default and charge Contractor for the full cost of labor and
materials expended, plus thirty percent (30%) of said cost for
administrative overhead.
City may recover damages from forfeited amount of Contractor’s payment and
performance bond.
The acceptance of all or part of monies due for any period after a default shall
not be deemed a waiver of any of these options, not a waiver of the default of
subsequent default of the same or any other term, covenant, and condition.
The Contractor, in accepting an agreement, agrees that the City shall not be
liable to prosecute for damages in the event that the City declares the Contractor
in default hereunder.
23
5. CAPITAL UPGRADES
The successful Proposer shall be allowed to make an initial investment in
capital improvements under contractual consent. Proposer is to submit with
his/her/its proposal a list of equipment and/or structural improvements helshelits
proposes to furnish on the golf course property under this requirement. Final
listing shall be mutually agreed upon by the Contractor and the City. Said capital
improvements shall become the property of the City upon completion of the
contract. The Proposer shall be required to post payment and performance
bonds in accordance with F.S. 255.05 et. seq.
24
PART VI - CONSIDERATION FOR AWARD / AWARD PROCEDURES
The award of the contract will be based on certain objective and subjective
considerations listed below:
1. Experience, qualifications, and past performance of the proposing firm
including principals or persons proposed for the concession,
organization, quality of any proposed improvements, and financial
resources. Maximum points available are 40.
2. Minimum percentage license fee proposed and value of any proposed
improvements. Maximum points available are 60.
Total Points Available are 700 points.
Evaluation of proposals will be conducted by an evaluation committee of qualified
City staff, or other persons selected by the City. It will be a two-step process. In
step one the committee will evaluate all responsive proposals based upon the
information and references contained in the proposals as submitted. The
committee will score and rank all responsive proposals and determine a minimum
of three (3) to be finalists for further consideration. In the event there are less than
three (3) responsive proposals, the committee will then conducts discussions, for
clarification purposes only, possibly with the finalists and re-score / re-rank the
finalists proposals. The first-ranked proposer resulting from this process will be
recommended to the Palm Beach Gardens City Council for award.
Proposers or Finalists may be required to provide an oral presentation by
appearing before the Evaluation Committee or by conference telephone call for
clarification purposes only.
Information and references submitted will be considered in the award.
The City may require additional information, and Proposers agree to furnish such
information. The City reserves the right to award the contract to that Proposer who
will best serve the interest of the City. The City reserves the right, based upon its
deliberations and in its opinion, to accept or reject any or all proposals. The City
also reserves the right to waive minor irregularities or variations to the
specifications and in the bidding process.
25
PART VI1 - REQUIREMENTS OF THE PROPOSAL
All proposals must be submitted as specified on the proposal pages which follow.
Any attachments must be clearly identified. To be considered, the proposal must
respond to all parts of the RFP. Any other information thought to be relevant, but
not applicable to the enumerated categories, should be provided as an appendix to
the proposal. If publications are supplied by a Proposer to respond to a
requirement, the response should include reference to the document number and
page number. This will provide a quick reference for the evaluators. Proposals not
providing this reference will be considered to have no reference material included
in the additional documents.
All proposals must be submitted in a sealed package with the RFP number, due
and open dates and RFP title clearly marked on the outside. If more than one
package is submitted, they should be marked 1 of 2, etc.
All proposals must be received in the City Clerks Office, 10500 N. Military Trail,
Palm Beach Gardens, Florida on the date specified in the SCHEDULE Section of
this RFP.
The proposal shall be signed by a representative who is authorized to contractually
bind the Proposer.
PROPOSERS MUST SUBMIT AN IDENTIFIED ORIGINAL COPY PLUS FIVE (5)
COPIES OF THE PROPOSAL PAGES INCLUDING ANY ATTACHMENTS.
THE ABOVE REQUIREMENT TOTALS SIX (6) COPIES OF YOUR PROPOSAL.
PROPOSAL PAGES ARE AS FOLLOWS:
0 Part I Proposal Pages - Signature Page
0 Part I1 Proposal Pages - Cost Information
Part 111 Proposal Pages - Technical Information
Part IV Proposal Pages - Questionnaire
Part V Proposal Page - Drug-Free Work Place Statement
Attachments to Proposal
26
Proposal Pages I Part I - Signature Page
RFP # 2005-012
DUE DATE & TIME: Wednesday, August 24,2005, at 2:OO p.m.
To: City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
(Contractor)
agrees to provide FOOD & BEVERAGE GOLF COURSE CONCESSION AND CATERING
SERVICES as defined in this Request for Proposal document and in accordance with the
requirements of the specifications and contract documents.
The undersigned ProposerlContractor has carefully examined the FOOD & BEVERAGE
GOLF COURSE CONCESSION AND CATERING SERVICES specification requirements, and
related RFPlContract Documents and is familiar with the nature and extent of the Work and
any local conditions that may in any manner affect the Work to be done.
The undersigned agrees to provide FOOD & BEVERAGE GOLF COURSE CONCESSION
AND CATERING SERVICES called for by the Specifications and RFPlContract Documents,
in the manner prescribed therein and to the standards of quality and performance
established by the City for the quality of service and rates stated in the spaces herein
provided.
The undersigned agrees to the right of the City to hold the Request for Proposal
submittals and guarantees the proposals for a period not to exceed one hundred and
twenty (120) days after the date of opening stated in the Request for Proposal.
The undersigned accepts the license fee payment policies specified in the RFP.
Upon award of this RFP, the City and ProposerlContractor each binds himself, herself, or
itself, partners, successors, assigns, and legal representatives to the other party hereto in
respect to all covenants, agreements, and obligations contained in the RFPlContract
Documents.
The RFPlContract Document constitutes the entire agreement between the City and
ProposerlContractor and may only be altered, amended, or repealed by a Change Order or
a written amendment.
The ProposerlContractor, by signing these RFP Submittal pages, acknowledges and
agrees to abide by all the terms, conditions, and specifications contained in this RFP
Document.
Proposer/Contractor shall guarantee FOOD & BEVERAGE GOLF COURSE
CONCESSION AND CATERING SERVICES within calendar days from
receipt of Purchase Order or Notice to Proceed.
27
Dated this day of I
(Month) (Year)
b
By: I
(Signature) (Print name)
Address:
Telephone: ( ) Fax: ( )
Cell: ( ) E-mail:
Social Security Number (OR) Taxpayer Identification Number (TIN):
(Signature) (Print name)
Address:
Telephone: ( ) Fax: ( )
Cell: ( ) E-mail:
Taxpayer Identification Number (TINIEIN):
State Under Which Corporation Was Chartered:
Corporate President:
(Print Name)
Corporate Secretary:
(Print Name)
Corporate Treasurer:
(Print Name)
CORPORATE SEAL
Attest By:
Secretary
Signature: Date:
28
PROPOSAL PAGES I PART II - COST INFORMATION
Proposer proposes to pay the City of Palm Beach Gardens the following if
awarded the contract :
Percentage license fee in the amount of YO of annual gross
concessions receipts net of sales tax.
Percentage license fee in the amount of YO of annual gross catering
receipts net of sales tax.
List below any improvements you propose to introduce during the first three
(3) months of the initial contract term. Improvements can be directed
towards increasing sales and revenue to the City or to further satisfy your
patrons. List below each proposed improvement and the cost to provide it.
Attach an additional sheet if necessary.
TOTAL $
Proposer estimates that he/she/it will generate $
over the initial year of the contract.
in gross receipt
P.B.G.G.C. prior Food t? Beverage Annual Sales (Jan.’02 to May ’05)
and Menu Items Price I Cost Analysis documents are attached for your
reference. Regardless of the above, the Proposer understands that
the City reserves the right to negotiate the Proposal herein,
29
PROPOSAL PAGES I PART 111 TECHNICAL INFORMATION
Proposer/Contractor is to include a detailed technical description/statement
of the specific concession and catering services his/her/its enterprise is
proposing under this RFP.
30
PROPOSAL PAGES I PART IV QUESTIONNAIRE
Prior Experience(s):
Number of years’ experience the Proposer has had in providing similar services:
Years
List below those persons who are a principal of the Proposer or will have a
management or supervisory position on the premises, if you are awarded the
contract. List name, title or position, and project duties. A resume or summary of
experience and qualifications must accompany your proposal.
List clients for whom you have provided similar services in the last three (3)
years. Provide agency name, address, telephone number, contact person, and
date service was provided. If service provided differs from the one presented in
your proposal, please delineate such differences.
List those City of Palm Beach Gardens agencies with which the Proposer has
had contracts or agreements during the past three (3) years:
31
Lawsuits (any) pending or completed involving the corporation, partnership, or
individuals with more than ten percent (10%) interest:
a. List all pending lawsuits which are concerned directly with the staff or
part of your organization proposed for the contract.
b. List all judgments from lawsuits in the last five (5) years which are
concerned directly with the staff or part of your organization proposed for
the contract.
Attach a Balance Sheet and Statement of Profit and Loss of the proposing firm
from the preceding calendar or fiscal year, certified by either an appropriate
Corporate Officer, or an independent Certified Public Accountant. If the
proposing firm is a privately-held corporation, providing such records for City
review at a time and place convenient to the City will satisfy this requirement. If
the proposing firm is a newly formed corporate entity, the City may require a
personal guarantee of performance by principals or stockholders.
Bank References: List contact name, address, telephone number, and type of
account.
32
............................................................................................
The Proposer understands that the information contained in these Proposal
Pages is to be relied upon by the City in awarding the proposed Contract, and
such information is warranted by the Proposer to be true. The Proposer agrees
to furnish such additional information, prior to acceptance of any proposal,
relating to the qualifications of the Proposer, as may be required by the City.
PROPOSERS PLEASE ENSURE THAT YOU HAVE SIGNED THE
SIGNATURE PAGE OF THESE PROPOSAL PAGES. OMISSION OF A
SIGNATURE ON THAT PAGE WILL RESULT IN REJECTION OF YOUR
PROPOSAL.
COMPLETE AND RETURN THE REQUIRED NUMBER OF PROPOSAL
PAGES AND ATTACHMENTS.
PROPOSAL IDENTIFICATION - Please indicate on the face of your sealed
proposal package the following:
RFP #2005-012 OPENS: Friday, August 24, 2005 at 2:OO p.m.
............................................................................................
33
Proposal Page I Part V
DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more submittals which are equal with respect to price, quality, and/or service are received by the
City for this concessionlcatering service, a submittal received from a business that certifies that it
has implemented a drug-free workplace program shall be given preference in the award process.
Established procedures for processing tie submittals will be followed if none of the tied vendors
have a drug-free workplace program. In order to have a drug-free workplace program, a
business shall:
1. Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the
business’s policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug-abuse violations.
3. Give each employee engaged in providing the commoditieslservices, which are
under this submittal and related contract, a copy of the statement specified in
Section 1 of this submittal.
4. In the statement specified in Section 1 and posted as a “drug-free workplace”,
notify the employees that, as a condition of providing these services that are under
contract, the employee will abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any violation
of Chapter 893 or of any controlled substance law of the United States or any state,
for a violation occurring in the workplace no later than five (5) days after such
conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug-abuse
assistance or rehabilitation program if such is available in the employee’s
community, by any employee who is so convicted.
6. Make a good-faith effort to continue to maintain a drug-free workplace through
implementation of this Section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Corporation’s Name:
Signature:
Print Name:
34
Date Prepared: September 16,2005
Meeting Date: October 6,2005
Resolution 155,2005
EXHIBIT B
Proposal Received from Peas and Carrots Concessions, Inc.
PEAS AND CARROTS 1 CONTINENTAL
CONCESSIONS CATERING
REQUEST FOR PROPOSAL
RFP ## 2005-012
FOOD & BEVERAGE GOLF COURSE
CONCESSONS AND CATERING
SERVICES
City of Palm Beach Gardens
V
Title: Food & Beverage Golf Course Concession and Caterinn Services -
Request For Proposals #I20051012
Openinn Date: Wednesdav, Auaust 24,2005 at 2:OO 0.m.
Addendum #1
This addendum addresses the serving of alcoholic beverages under the
City of Palm Beach Gardens RFP solicitation for “Food & Beverage Golf
Course Concession and Catering Services” - RFP #2OO5-O12:
The riopser is required to own a date 61 Florida, ueparrmenr 01
Business and Professional Regulation, Division of Alcoholic
Beverages and Tobacco, Alcoholic Beverage License. The City
desires to have a Beer and Wine Concession. No decision has been
made for a “hard liquor” beverane concession.
Please provide 0 py of yaur licmrte. with you A FP submittal.
Receipt of Addendum #I
\.
This document is to be attached in Front of RFP #2005-c
City of Palm Beach Gardens
Arthur DeRostaing, CPPB
Purchasing Agent
August 18,2005
City of Palm Beach Gardens
Title: Food & Beveraae Golf Course Concession and Caterina Services -
Request For Proposals #2005-012
Openinq Date: Wednesdav, August 24,2005 at 2:OO p.m.
Addendum #2
The following addendum responds to questions submitted relative to the
City of Palm Beach Gardens RFP solicitation for “Food & Beverage Golf
Course Concession and Catering Sewices ” - RFP #2005-012:
1. What are the assets provided by the City?
Answer: The follow-up tour of the golf course facility will provide a
visual of all assets.
2. What is the catering concession?
Answer: Times and quantities can not be determined. The
opportunity would arise when, for example, youth sports
organization wishes to contract the City to handle their concessions
during their event. The contractor would be approached at that point
in time if ever.
3. Hours of operation?
Answer: 7 days per week, sun up to sun down.
4. Alcohol License involved?
Yes - beer and wine at this point in time.
5. “Rental” or “rent” corrections to read “license fee”:
Under Part IV - Special Conditions - Section 20 (Tax) the phrase
“...applicable tax on rental payments shall be added to the rental
payment.. .” corrected to read “...applicable license fee payments
shall be added to the license fee...”. (Page 19)
Under Part IV - Special Conditions - Section 34 (Attorney Fees) the
phrase “...any part of said rental ...” corrected to read “...any part of
said license fee...”. (Page 21)
Under Part VI - Consideration for Award #2 the phase “Minimum
percentage mt. ..” corrected to read “Minimum percentage license fee...” (Page 25)
Under Proposal Pages I Part I - Signature Page the 5fh paragraph
corrected to read: “The undersigned accepts the license fee payment
policies specified in the RFP.” (Page 27)
6. How are the payment/performance bonds amount determined:
Answer: Percentage amount submitted on the awarded RFP and the
average of recent annual sales will determine the bond amount.
7. How are menu prices established:
Answer: In cooperation with Dan Reidy, Operations Director.
8. Has the City ran this operation:
Answer: Yes, for the past 3 years - the prior 4-5 years was by a
management firm.
9. What does the 1% in Part I - Introduction I Information in Section 9
represent?
Answer: “1%” of total compensation to the contractor covers the
cost of indemnification to protect the City.
IO. Does the “License Fee” percentage equally apply to both the
foodlbeverage and the catering concessions?
Answer:Yes
Silanafuk of Pdosk Acknowledging ReceiDt of Addendum #2
City of Palm Beach Gardens
Arthur DeRostaing, CPPB
Purchasing Agent
August 18,2005
PART (1)
SPECIAL CONDITIONS
The undersigned Proposer hereby submits to the City Of Palm Beach Gardens of
the Gardens Golf Course the proposal enclosed herein, to provide the food and
beverage concessions and catering at the Gardens Golf Course.
The undersigned Proposer represents and understands as follows:
Proposer acknowledges that the City is relying on the Proposer’s submitted
information.
2). inquiry it
Proposer acknowledges that the City has the right to make any further
Deems appropriate to substantiate or supplement information supplied by the
Proposer or any other proposer.
3). understands all
which
Proposer hereby ackknowleges that the proposer has read and fully
The provisions and conditions set forth in this Request for Proposal upon
Submitted Proposal is based and agrees to the terms and conditions thereof.
4).
completed
Proposer acknowledges that the following forms and information are
and made part of Proposer’s Proposal package.
e
e
e
e
e
e
e
e
e
e
e
e
e
COVER
EXPERIENCE
REFERRALS
MENUS AND PRICING
CATERING MENUS
REFERENCE LETTERS
PICTURES OF VENUES WE OPERATE
BUSINESS AND FINANCIAL REFERENCES
LICENSE
CORPERATION PAPERS
INSURANCE
RESUME
REQUIREMENTS OF THE PROPOSAL
PART 1 - Signature Page
PART 2 - Cost Information
PART 3 - Technical Information
PART 4 - Questionaire
PART 5 - Drug Free Work Place Statement
Attachments to Proposal.
EXPERIENCE & QUALIFICATIONS
Catering Experience under the direction of Randy Epstein
And Leonard Hellebuyck
KRAVIS CENTER ~ravis center for the Performing ~rts -
Continental Catering host the food and beverage contract for the prestigious Performers
at the Kravis Center. This the back stage catering for dl shows at the Kravis over a 140
per€ormances annually . This includes all load ins and load outs, breakfast / lunch/
dinned
Continental Catering - Continental Catering was
Service. Continental has catered to the most
premier climts , events and facilities in Palm
Beach County. This exposure brings a valuable
Element to cross promote the sale opportunities.
Established in 1994 as an off premise catering
City Place / Harriet Theater - Randy Epstein
Partnerd with Rem Companies implementing
operating prodcedures and coordinating interior
Design of the theater. The facility has the capacity'
of a lo00 patrons and plays host to performances,
and special events incope mering and
Intermission concessions. Continental annual
revenues generated an excess of 800,0oO.00
dollars ia catering sales with a full time staff
of 20 or more.
NATIONAL CROQUET CENTER
National Croquet Center. Continental Catering was
awarded a six year contract to run the food and
beverage management contract at the NCC. The
facility requires the coordination of outdoor
concessions and a 300 seat banquet facility. We
operate the dinning room and bar that is open to
members and the public from Oct 1'' to the end of
July.
EXPERIENCE & QUALIFICATIONS
Concession experience under the direction of Randy Epstein
Moroso Motor Sports Park. Randy successfully completed
Their first year at Moroso securing a five year contract.Randy
also increased sales by 35 % over the previous operator.
Moroso plays host to special events catering and outdoor
concessions. Annual revenues generate approximately one
million dollars in sales wi hafull time Mof20 and apart
time staffup to 60 people,
Peas and Carrots Concessions has operated for the past 15
Years as a off premise wncessionaite playing host to many
hd events in Palm kh County. Those events include
Sunfii the Pompano Seafood Festival and the Fed Cup and
Davis Cup Tennis and Artigras. These events oonsist of off
premise concessions producing high volume food and
beverage sales.
A,
' 0
CONCESSIONS
Roger Dean Stadujm , Peas & Carrots Concessions provides
cart concessions at Roger Dean Stadium in Jupiter, Florich
This venue is a good example of handling high volume
concessions service during the inning breaks of typical
baseball game.
CONCESSIONS
REFERRALS
SUNFEST
(56 1) 3 I 5-54 17
TERRY JONETHIS (PRESIDENT)
ROGER DEAN STADIUM
ROB RABENtEKER
(56 1) 7751 8 18
POMPANO SEAFOOD FESTNAL
JOHN GOOD
(954) 592-6554
GARLIC FEST
NANCYSTWART
(56 1) 2744663
MOROSO; PEPS; BLOODBANK
PHIL ARBERSON
(561)512-4111
MOROSO MOTORSPORTS PARK
LAURA SOUTH
(56 1 ) 37 1 178 I 8
CHENEY BROTHERS
BYRON RUSSELL
(56 1) 8454702 CELL (56 1 ) 3464030
SIMMONS CONSTRUCTION/SIMMONS &
LAUREE SIMMONS
(561) 7 19-1 754
SARAY INTERIORS
BLOOD BANK
SHERYL SHEPPARD MORW
(56 1) 845-2323 x 1 22 1
WACHOYIA BANK
DIANE BENTNEGNA
(56 'I 1 80 1-2773
MEDICAL SPECIALISTS
MARY ANN WS"fDR
(56 1) 968-7968 x 1 07
TOWN OF PALM BEACH
MARY MCQUIG
(56 1) 2276336
FAIR CONCESSIONS
GREG =IRROTTO
(56 I 422-2005
UNITED STATES TENNIS ASSOCIATION - DAVIS CUP
MC WHITE
(9 14) 696-7065
CHRIS EVERT CHARITIES
IMG WORLD
CHARLES "CHUCK" SGRO
(2 16) 436-3334
MATCHPOINT - CITRW TENNIS TOURNAMENT
IVAN AND MARK BARON
(56 1) 330.6000
PALM BEACH COUNTY RED CROSS
TONYA
7 18-9986
lo
Referrals
SunFest Terry Jonethis
Roger Dean Stadium Rob Rabeneker
Pompano Seafood Festival John Good
Garlic Fest Nancy Stewart
MorosolPepsilBlood Bank
Moroso Motor Sports Park
Cheney Bros.
Simmons Construction
Blood Bank
Wachovia Bank
Generations Gold
Medical Specialist
Town of Palm Beach
US Tennis Assoc.
Chris Everett Charities
Matchpoint
Phil Arvidson
Laura South
Byron Russell
Laurie Simmons
Sheryl Sheppard Moriarity
Diane Bentivegna
Beverly Raposa
Mary Ann Pastor
Mary McQuig
MC White
Chuck Sgro
Mark Baron
561 315-5417
561 775-1818
954 592-6554
561 274-4663
561 512-41 11
561 371-7818
561 845-4702
561 719-1754
561 845-2323
561 801-2773
561 832-501 0
561 968-7968
561 227-6336
9 14 696-7065
21 6 436-3334
561 330-6000
a
Other Properties & Special Events
SunFest ...
Moroso Motor Sports Park
The Harriet at CitvPlace c
=.-
=-
National Croquet Center
Our Clients
Corporate
*South Florida Fair &
Palm Beach County Expositions
*Kravis Center
for the Performing Arts
*Moroso Motor Sports Park
*Sun Fest
*Roger Dean Stadium
*National Croquet Center
Cheney Bros,
*Pompano Seafood Fest
*Matchpoint Citrix
Tennis Tournament
*Medical Specialist
*Wachovia Bank
Smith Kline Beecham
R J Reynolds
Merrill Lynch 0 8 US. Sugar
Corncast Cable
BellSou t h
Office Depot
Chamber of Commerce
Braman BMWIRolls Royce
Glaxxo Pharmaceuticals
Florida Power & Light
Bristol Meyers Squibb
J P Morgan
Northern Trust Bank
Weitz Company
* Town of Palm Beach
* Gold Coast Builders Assoc.
WPEC-TV 12
soci a I 0 rg a n i Za t i o n s
*United States Tennis Assoc.
*Legal Aid Society
Jewish Federation
Miami City Ballet
Palm Beach Opera ~
* Easter Seals
Rotary Club
* Advertising Federation
P.B. Atlantic College
* American Heart Association
American Cancer Society
I
1
American Red Cross
Chamber of Commerce
Anti-Defamation League
Bus. Development Council
Boys & Girls Club
Executive Women
Morse Geriatric Center
Who’s Who .
Bill Cosby
Red Skelton
Mikhail Baryshnikov
Crosby, Stills & Nash
* Ray Charles
Wynton Marsalis
* Hal Holbrook
Jerry Lewis
* Michael Crawford
Gregory Peck
Jimmy Buffett
Kenny Rogers
Joffrey Ballet
Yo Yo Ma
Richard Chamberlain
Lily Tomlin
General Colin Powell
Itzahk Periman
PRICING / MENU FOR THE PALM BEACH GARDENS GOLF COURSE
CLUB HOUSE AND GOLF SNACK CART
roon srr.r TYC; P I
BREAKFAST ITEMS
BACON EGG CROISSANT
HAM EGG BAGEL SANDWICH
BAGEL
MUFFINS
SCRAMBLED EGGS / TOASTBACON
COFFEE
ORANGE JUICE
LUNCH AND SNACK ITEMS
EGG SALAD
TUNA SALAD
BLT
HOTDOG
HAMBURGER /CHEESE BURGER
( % LB NATHANS )
HAM/CHEESE WRAP
TURKEY / CHEESE WRAP
GRILLED CHEESE/ TOMATO /OR SELECTED MEAT
CHICKEN CAESAR WRAP
$3.00
$3.00
$ 1.50
$ 1.50
$3.50
$ 1.50
$2.00
$4.00
$4.50
$3.75
$3 -00
$4.00
$4.50
$4.50
$4.50
$4.50
SNACKS
CHIPS
CANDY BARS
$1.00
$1.00
DOMESTIC CAN BEER
IMPORT CAN BEER
GATORADE
SODA MACHINE
2002 BOTTLE
BOTTLE H20 2002 BOTTLE
DON’T OFFER CAN SODA’S
COFFEE
WINE
DRAFT BEER
BOTTLED JUICE
PITCHER BEER
ALL PRICES AND MENU ITEMS TO BE APPROVED BY DIRECTOR OF
OPERATIONS.
$3.00
$3 -00
$2.50
$2.50
$2.50
$2.50
$1.50
$4.00
$2.50
$2.50
$8.50
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2005 Florida Annual Resale Certificate for Sales Tax
THIS CERTIFICATE EXPIRES ON DECEMBER 31,2005 OEPARTMENT OF REVENUE
ss Name and Loca tion Address Reaistration Fffect ive Date
CROQUET CATERlNG INC 08/13/04
700 FLORIDA MANGO RD
WEST PALM BEACH FL 33406-4461
DR-13
R. OVOf
Certificate Number
60-801 31 45541 -6
This is to certify that all tangible personal property purchased or rented, real property rented, or services purchased on or after the above Registration
Effective Date by the above business are being purchased or rented for one of the following purposes:
Resale as tal-@* p-mond propay. Retentalasrealpraperly. Incorporation as a material, ingredient, or componer Re-rental as ta-ngible personal property. Incorporation into and sale as part of the repair of
Resaleofsenrices. tangible personal property by a repair dealer. produced for sale by manufacturing, compounding,
%-rental as transient rental property. or processing.
This certificate cannot be reassigned or transferred. This certificate can only be used by the active dealer or its authorized employees. Misuse of this
Annual Resale Certificate will subject the user to penalties as provided by law. Use signed photocopy for resale purposes.
part of tangible personal property that is being
presented& Presented by: (Insert name of seller on m.) Authodzed Signature (Purchaser) (date
Business Mailing Address :
Florida Department of Agriculture and Consumer Services
Division of Food Safety
31 25 Conner Boulevard, C-26
Tallahassee, Florida 32399-1 650
(850) 245-5520
February 7,2005
PEAS & CARROTS CONCESSIONS
1025 SHADY LAKES CIR
PALM BEACH GARDENS FL 33418 - 3554
Firm - -- Number : 290988
Decal number : 20052293
Business name and location address :
PEAS & CARROTS CONCESSIONS # 0002
4751 MAIN ST
JUPITER FL 33458
Dear Operator;
THIS LElTER IS YOUR 2005 MOBILE VEHICLE ANNUAL FOOD PERMIT. THIS ORIGINAL LETTER MUST BE
KEPT IN THE PERMllTED VEHICLE. PLEASE MAKE SURE YOU PLACE THE ATTACHED DECAL IN AN
EASY TO SEE LOCATION ON THE EXTERIOR OF THE VEHICLE AND KEEP THIS LElTER AVAILABLE FOR
THE INSPECTOR. The decal must be securely attached to the vehicle using the self adhesive backing. Failure to
display this decal in accordance with this policy may result in administrative action for violation of Florida
Administrative Code 5K-4.020(2), "...Permits shall be conspicuously displayed at locations for which issued and
are not transferable ..." This decal and letter is valid only for the vehicle to which it is issued. If you have any
questions about the placement of this decal please call us at 850-245-5520.
Please note that the number on the decal is not the same as your firm number. The number on the decal will
change each year but your firm number will always remain the same. Please include your firm number in any
correspondence or phone calls.
If any other licensing authority requests lo see your Annuai Food Permit prior to issuing their license tnis letter
should serve as proof that you have submitted payment for your Mobile Vehicle Annual Food Permit.
Sincerely,
pA- z33L-A
John T. Fruin, DVM, Ph. D
Chief, Bureau of Food & Meat Inspection
Division of Food Safety
'
John K. Clark, CFC Tax Collector
P.O. Box 3353
West Palm Beach, FL 33402-3353
www.pbcgov.com/tax Tel:(561) 355-2622
CONTINENTAL CATERING THE
EPSTEIN RANDY S
4521 PGA BLVD C348
PALM BEACH GARDENS FL 33418-3997
License Number: 2004-06286
Dear Business Owner:
This is your new occupational license. Please keep the upper portion for your records and detach
the bottom of this form. Verify the information and display it conspicuously at your place of business,
open to the view of the public.
This license is in addition to and not in lieu of any other license required by law or municipal
ordinance and is subject to regulations of zoning, health, and any other lawful authority (County
Ordinance Number 72-7).
Licenses may be transferred to a new owner when evidence of a sale is provided; the original
license is surrendered and a transfer fee is paid.
Licenses may be transferred to a new location when proof of zoning approval is provided; the
original license is surrendered and a transfer fee is paid.
Business name changes require a new license.
This license expires on September 30, 2006. Renewal notices are mailed at the end of July. e If you do not receive the notice by the middle of August, please let us know.
I hope you have a successful year.
Tax Collector
LLxx* DETACH AND DISPLAY BOTTOM PORTION, AND KEEP UPPER PORTION FOR YOUR RECORDS x*xx
2004-06286 STATE OF FLORIDA
PALM BEACH COUNTY
OCCUPATIONAL LICENSE
EXPIRES: SEPTEMBER - 30 - 2006
LOCATED AT CONTINENTAL CATERING THE EPSTEIN RANDY S 1025 SHADYLAKES CIRCLE PALM BEACH GARDENS FL 33418
.- ____ - -___
at above address for the period beginning on the
first day of October and ending on the thirtieth day of September to
engage in the business, profession or occupation of:
CATERING SERVICE
CAT6013784
JOHN K. CLARK, CFC
TA v f-ni I e-.rne) n n I aa nr n nu Irni ibi.rv
CNTY
TOTAL
os-012
CLASS I Fl CAT ION
$33.00
$33.00
THIS IS NOT A BILL - DO NOT PAY _____ ~________
PAID. PBC TAX COLLECTOR $33.00 OCC 049 67629 08-09-2005
__ ~ ~___. 1
THIS LICENSE VALID ONLY WHEN RECEIPTED BY -.., C.C.. . -----
John K. Clark, CFC Tax Collector
P.O. Box 3353
West Palm Beach, FL 33402-3353
www.pbcgov.comltax Tel:(561) 355-2622
1 PEAS & CARROTS CONCESSIONS INC
EPSTEIN RANDY
4521 PGA BLVD X348
PALM BEACH GARDENS FL 33418-3997
License Number: 2001 -20148
Dear Business Owner:
This is your new occupational license. Please keep the upper portion for your records and detach
the bottom of this form. Verify the information and display it conspicuously at your place of business,
open to the view of the public.
This license is in addition to and not in lieu of any other license required by law or municipal
ordinance and is subject to regulations of zoning, health, and any other lawful authority (County
Ordinance Number 72-7).
Licenses may be transferred to a new owner when evidence of a sale is provided; the original
license is surrendered and a transfer fee is paid.
Licenses may be transferred to a new location when proof of zoning approval is provided; the
original license is surrendered and a transfer fee is paid.
Business name changes require a new license.
This license expires on September 30, 2006. Renewal notices are mailed at the end of July.
If you do not receive the notice by the middle of August, please let us know.
I hope you have a successful year.
Tax Collector
x"Ix DETACH AND DISPLAY BOTTOM PORTION, AND KEEP UPPER PORTION FOR YOUR RECORDS *Ixx
2001 -201 48 STATE OF FLORIDA
PALMBEACHCOUNTY
OCCUPATIONAL LICENSE
EXPIRES: SEPTEMBER = 30 - 2006
*E LOCATED AT PEAS & CARROTS CONCESSIONS INC EPSTEIN RANDY 1025 SHADY LAKES CIRCLE
PALM BEACH GARDENS FL 33418
CNTY
TOTAL
OD-020
CLASSIFICATION
$33.00
-___ ________ -1 Is hereby licensed at above address for the period beginning on the rt day of October and ending on the thirtieth day of September to THIS IS NOT A BILL - DO NOT PAY
PAID. PBC TAX COLLECTOR $33.00 OCC 049 67628 08-09-2005
--.9;1ge in the business, profession or occupation of:
FOOD VENDOR
MOBILE 1
$33.00
JOHN K. CLARK, CFC
.r.v CI-, I CAIAI m.. .. --.I -.. -- .... -.- THIS LICENSE VALID ONLY WHEN RECEIPTED BY
. -- BPpurtmPnt of &ItP
I certify from the records of this office that PEAS AND CARROTS
CONCESSIONS INC. is a corporation organized under the laws of the State of
Florida, filed on April 3, 1998.
The document number of this corporation is P98000031491.
I further certify that said corporation has paid all fees due this office through
December 31, 2004, that its most recent annual report/uniform business report
was filed on April 23, 2004, and its status is active.
I further certify that said corporation has not filed Articles of Dissolution.
CR2E022 (2-03)
Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty-fifth day of April, 2004
I certify from the records of this office that PEAS & CARROTS CATERING, INC.
is a corporation organized under the laws of the State of Florida, filed on
July 15, 2003.
The document number of this corporation is P03000078568.
I further certify that said corporation has paid all fees due this office through
December 31, 2004, that its most recent annual report/uniform business report
was filed on April 23, 2004, and its status is active.
I further certify that said corporation has not filed Articles of Dissolution.
CR2E022 (2-03)
Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty-fifth day of April, 2004
ACORQM INSURANCE BINDER DATE
2/8/2005
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
PHONE 256) 355-7951 COMPANY BINDER # (NC. NO, Ext): (
N-1. (256) 350-2022 Western Heritage Insurance Company 877 --,
EXPIRATION EFFECTIVE itovall-Marks DATE TIME DATE TIME Insurance
!601 Danville Road S.W.
Iecatur, AL 35603
' '
211 112005 12:Ol 311 312005
THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY #: CODE: SUB CODE:
-PEAS&CAROI DESCRIPTION OF OPERATIONSNEHICLESIPROPERN (Including Location)
INSURED Randy 8, Nancy Epstein dba: Peas & Carrots
Concessions
c/o A.C.C. of America II
2601 Danville Rd SW
Decatur, AL 35603
POLICY NUMBER: SCPO549104
COVERAGES
TYPE OF INSURANCE
'RoPERTY CAUSES OF LOSS
BASIC 0 BROAD 0 SPEC
1
>ENERAL LIABILITY 7 CLAIMS MADE OCCUR
NJTOMOBILE LIABILITY
COMMERCIAL GENERAL LIABILITY
x Terrorism Coverage
-
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
-
-
-
-
AUTO PHYSICAL DAMAGE DEDUCTIBLE
COLLISION:
OTHER THAN COL:
GARAGE LIABILITY
ANY AUTO
1 I
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION AND
EMPLOYERS LIABILITY
~ ~ ~~~~
COVERAGWFORMS DEDUCTIBLE COINS% AMOUNT
RETRO DATE FOR CLAIMS MADE:
EACHOCCURRENCE 0 1,000,00(
RENTED PREMISES $ 50,00( DAMAGt IV
MED EXP (Any one person) Excludec
PERSONAL €i ADV INJURY $ 1,000,00(
$
GENERAL AGGREGATE $ 2,000,00(
PRODUCTS - COMPIOP AGG $ 1,000,00(
COMBINED SINGLE LIMIT $
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
MEDICAL PAYMENTS $
PERSONAL INJURY PROT $
UNINSURED MOTORIST $
$
ALL VEHICLES SCHEDULED VEHICLES ACTUALCASHVALUE
STATED AMOUNT $
OTHER
AUTO ONLY - EA ACCIDENT $
OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EACH OCCURRENCE $
RETRO DATE FOR CLAIMS MADE:
AGGREGATE
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
FEES $
TAXES 6
1 ESTIMATED TOTAL PREMIUM I $
NAME & ADDRESS
I
ADDITIONAL INSURED MORTGAGEE
LOSS PAYEE
LOAN # I
AUTHORIZED REPRESENTATIVE I
1 I I NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE ACORD 75 (2001101) 0 ACORD CORPORATION 1993
PEAS&CAROI WERl
I I I ACORD, CERTIFICATE OF LIABILITY INSURANCE
1 Danville Road S.W.
DATE (MMIDDIYYW)
2/8/2005
INSURERS AFFORDING COVERAGE
INSURERA: Western Heritage Insurance Company
INSURER B:
INSURER C:
INSURED Randy & Nancy Epstein dba: Peas &
Carrots Concessions
c/o A.C.C. of America II
2601 Danville Rd SW
Decatur, AL 35603
NAlC #
371 50
EACH OCCURRENCE
INSURER D:
INSURER E:
5 1,000,00~
~~
THF mi ICIFS OF INS1 IRANCF I ISTFn RFL OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS ~ COMPIOP AGG
COMBINED SINGLE LIMIT (Ea accident)
- ___ ___~ ,. .-, --.-.-- -. . .-- ". - - -- ----
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHERDOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
$ Exclude(
$ 1,000,00~
$ 2,000,00~
$ 1,000,00~
$
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
AUTO ONLY - EA ACCIDENT
ISR DD' TR NSR TYPE OF IMNCF
$
JOENERAL LIABILITY
AGG AUTO ONLY:
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR P GEN'L AGGREGATE LIMIT APPLIES PER:
X Terrorism Coverage
S
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
EACH OCCURRENCE
AGGREGATE
WC STATU- OTH- TORY LIMITS ER
E.L. EACH ACCIDENT
E.L. DISEASE ~ EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
H
$
$
$
$
$
$
$
$
GARAGE LIABILITY
ANY AUTO k
EXCESSIUMBRELLA LIABILITY
OCCUR 9 CLAIMS MADE
DEDUCTIBLE
RETENTION
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
ANY PROPRIETOWPARTNEIUEXECUTIVE
OFFICEWMEMBER EXCLUDED?
If es descnbe under SJEClAL PROVISIONS below
OTHER
POLICY NUMBER
CP0549104
RIPTION OF OPERATIONS I LOCATIONS I VEHICLES EXCLUSIONS ADDED BY ENDOR:
POLICY EFFECTIVE -
211 112005
MENT I SPECIAL PR
'OLICY EXPlRATlOh -
211 112006
'ISIONS
I IMITA
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE (Per accident)
CERTIFICATE HOLDER
I ACORD 25 (2001/08)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRATlOL
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRllTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES. <&n. L&---- AUTHORIZED REPRESENTATIVE
0 ACORD CORPORATION 1988
2 C i5 rn n
N
Randy S. Epstein
1025 Shadylane circle
Palm Beach Gardens, FL 33418
Home 561-798-6449
Cell 561-719-3216
EXPERIENCE
Sept. 2004 - Croquet Club LLC, \Tat Palm Beach FL
Presmt Qivntr & CEO
Manage. operate, and schedule all mnts for the h'atid Croquet Center.
July 2003 -
Present Owwr & CEO
Continental Catering & Peas 8 Carrots Catering LLC. Palm Beach Gardens. IT
Manage, operate, and schedule xrdhple ewrtts and venues. Responsible for m-er
150 employees. Caterer to Kra~is Center, Harriet Himd Theatre, City placr.
ofipremise Ewds. and Red Cross I>lsasber Relid
1996 -
Present
Peas Rr Carrots Concessions LLC. West Palm Beach, FL
0;t'ncr & CEO
,Manage. operate, and schedule all concession '~mues.
Concessions include: &€omso Motrw Sport Park January 2004Currmt
Rqer Dean Stadium, Feki 2003- Current
1990-2005 Chewy Brothers Iucorporated. West Palm Beach, FL
Rzsponsiie far sales, gross pr& money markting. and sales staff of 3j epphves.
I%xountable for sales grossing over $34 million for company. Clients include: Cknitbm.
lohn Smith Subs. TCBY, Marriot Corporation, Hess Corporatim. B]lruPS' Ccrporatim.
Bud's Chicken, Frechens. Park Avme BBQ.
Stil~,~ Mtt1:i~:~~
4387Leicester Court 561-686-3066
West Palm Beach, FL 33409 561-714-1637
lennyh@cheneybrothers.com
Leonard Hellebuyck
Summary
Experience
A dynamic manager with years of experience in restaurant, catering, and
food service sales. This experience includes learning, teaching, and
perfecting every aspect of the food service industry.
Continental Catering North Palm Beach, FL 2002-Present
General Manager
1 Responsible for all operations of a $2.2 million catering business
Coordinate locations, menus, staffing, and pricing for all events
1 Provide celebrity catering for Kravis Center for the Performing Arts in
West Palm Beach, FL
1 Developed private and members only catering for National Croquet
Center in West Palm Beach, FL. . Maintain a full-service restaurant on the grounds of the National
Croquet Center.
1 Consistently increase annual sales by developing new business
accounts
2002-Present
General Manager
Peas & Carrots Concessions North Palm Beach
1 Responsible for all operations of $2 million concessions business
1 Coordinate several promotional, charitable, and special events in and
around Palm Beach County.
Annually provide concessions for US. Tennis Association’s Federation
Cup and Davis Cup International Tennis Tournaments . Maintain year-round concessions for Roger Dean Stadium in Jupiter,
FL, home of spring training for Florida.Maclins and St. Louis Cardinals.
1 Consistently striving to implement updated methods of operations-
speeding profitability. . Responsible for placing all food orders for concessions accounts and
ensuring proper delivery through Cheney Brothers, Inc.
West Palm Beach 2002-2005 Cheney Brothers, Inc
Program Sales Representative
1 Direct food sales for high volume chain accounts . Sales exceeded $3 million per year
1 Exceeded all sales goals, and awarded top sales honors six months in
a row.
1 Expanded division to include catering and concessions businesses. . Maintained a reputation for quality, productivity, and customer
satisfaction
....
.. ,
1999-2002
General Manager
Gatsby’s Restaurants West Palm Beach, FL
Boca Raton, FL . Responsible for full management of award winning upscale restaurant,
bar, and billiards club with annual sales exceeding $2.5 million, and
$3.2 million respectively. . Coordinated several promotional events with local organizations and
charities . Developed Excellence in Sales training course . Maintained positive sales results and doubled revenues within the firsf
year of operation in West Palm Beach location . Successfully promoted to General Manager of Boca Raton location . Direct involvement with two expansion projects in South Florida
1991 -1 999 Bimini Bay Caf6 West Palm Beach,FL
General Manager . Successfully managed a 500 seat, $4 million indoorloutdoor
establishment located on the Intracoastal Waterway . Supervised and developed a staff exceeding 120 employees
9 Coordinated all food and beverage ordering on a daily basis
9 Managed all stages of restaurant expansion projects to generate
increased sales volume
1982-1 991 Stained Glass Pub Silver Spring, MD
Assistant Manager
Worked closely with management staff to maintain $2 million casual
dining aspects.
Learned all aspects of the industry, including management, food service,
bartending, training, and operating reports
Education
Springbrook High School Silver Spring, MD 1982 . University of Maryland College Park, MD 1986
PROPOSAL PAGES / PART 1 - SIGNATURE PAGE
RFP #2005-012
DUE DATE & TIME : Wednesday, August 24,2005 ,at 2:OO p. m.
To : City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
PEAS AND CARROTS CONCESSIONS / CONTINENTAL CATERING
( Contractor )
Agrees to provide FOOD & BEVERAGE GOLF COURSE CONCESSIONS AND
CATERING SERVICES as defined in this Request for Proposal document and in
accordance with the requirements of the specifications and contract documents.
The undersigned Proposal /Contractor has carefully examined the FOOD & BEVERAGE
GOLF COURSE CONCESSIONS AND CATERING SERVICES specification
requirements, and related RFP/Contract Documents and is familiar with the nature and
extent of the Work and any local conditions that may in any manner affect the work to be
done.
The undersigned agrees to provide FOOD & BEVERAGE GOLF COURSE
CONCESSIONS AND CATERING SERVICES called for by the Specifications and
RFP/Contract Documents, in the manner prescribed therein and to the standards of the
quality and performance established by the City for the qoality of service and rates in the
spaces herein provided.
The undersigned agrees to the right of the City to hold the Request for Proposal
submittals and guarantees and the proposals for a period not to exceed one hundred and
(1 20) days after the dated opened stated in the spaces herein provided.
The undersigned accepts the rent payment policies specified in the RFP.
Upon award of this RFP, the City and Proposer/ Contractor each binds himself, herself,
or itself, partners, successors, assigns and legal representatives to the other party hereto in
respect to all covenants, agreements, and obligations contained in the RFPKontract
Documents.
The RFP / Contract Document constitutes the entire agreement between the City and
ProposaVContractor and may only be altered, amended, or repealed by a Change Order OI
A written amendment.
The Proposed Contractor, by signing these RFP, submittal pages, acknowledges and
agrees to abide by all the terms, conditions, and specifications contained in this RFP
Document.
Proposer / Contractor shall guarantee FOOD & BEVERAGE GOLF COURSE
CONCESSIONS AND CATERING SERVICES within 14 calendar days from
receipt of Purchase Order or Notice to Proceed.
Dated this 22nd day of August ,2005
(month) ( Year
INDIVIDJJAI., , FIRM, LIMTED LIABILITY, PARTNERSHIP,OR OTHER
/ Randv Epstein
Address : 1025 SHADY LAKES CIRCLE
PALM BEACH GARDENS
FLORIDA 33418
Telephone : (561 1691-0107
Cell : J561) 714-4317
Social Security Number 0 16 s ;h -7 4 75
co ..
By: / PEAS & CARROTS CONCESSIONS
( print name )
Address : 4521 PGA BLVD # 348 PALM BEACH GARDENS FLORIDA 33418
Telephone : J561) 242-1212
(561 ) 719-4317
fax (561) 242-1643
e-mail www.con t in en tal cateringinc.com
Taxpayer Identification Number / - \ 3 ~0740% 4
State Under Which C
Corporate President :
STATE OF FLORIDA
Corporate Secretary :
Corporate Treasurer:
CORPORATE SEAL
Attest By :
Secretary
date: /@c
PROPOSAL PAGES/ PART II- COST INFORMATION ...
Proposer proposes to pay the City of Palm Beach Gardens the following if awarded the
contract:
Percentage license fee in the amount of
net of sales tax.
20 YO of annual gross concessions receipts
Percentage license fee in the amount of
of sales tax.
10 % of annual gross catering receipts net
List below any improvements you propose to introduce during the first three (3 ) months
of the initial contract term.
I ) bring a bigger menu with more choices better quality / with a little increase in
2) building a outdoor grill area so on the weekends larger menus can be provided,
3) some form of ordering food on the ninth tee to increase sales and speed up play.
4) Place tv’s on the out side deck to keep clients around longer.
5) Work with Pepsi for another beverage cart to work each side of the course.
pricing
this will also help with sales because we will get the guest at the turn.
Proposer estimates that he / she /it will generate $200,000.00 in gross receipt over the
initial year of the contract.
This increase in sales will be achieved by the track record PEAS & CARROTS
CONCESSIONS at the property we are currently contracted with, ROGER DEAN
Up 35% in gross sales after first year. MOROSO MOTOR PARK up 48 % in gross
sales over the past two years. CONTINENTAL CATERING at THE NATIONAL
CROQUET CENTER up 35% in gross sales the first year. HARRIET HIMMEL in
CITY PLACE will turn a profit for the first time in five years with the help of
CONTINENTAL CATERING.
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PROPOSAL PAGES / PART III TECHNICAL INFORMATION
Peas & Carrots Concessions.
1) Will provide a qualified staff to operate the food beverage concessions
2) We have 5 chefs in our catering company to help with food quality
3) For large events we own enough equipment to cook any where on the grounds
4) We own two catering trucks with ovens to produce on location
5) We have a staff of over 150 employees to chose from
6) We already have catering menus for large events to chose from
7) We have a sales force to help with the selling of catering to the events at the golf
8) To work closely with the General Manager / and Golf Pro to provide food and
9) In the future plans for the club house
club
beverage to as many guest as possible.
a) move the pro shop up stairs and the food and beverage operation down
stairs
b) place TV’s on the patio and down stairs with some patio furniture to keep
the clients around more like a country club feel.
c) ceiling fans on the upstairs patio
d) closing in the upstairs patio with glass
e) a small hood system for the kitchen so we can increase the types of food
10) Theme days I.E. men’s day / ladies day /juniors day/ golf schools include lunch
with these events , by pricing it with the event and food this will increase sales
and profit for the both of us
1 l)We are not trying just to increase prices we know that volume is the name of the
Our thought is to increase the average sale from $2.93 per guest to at least $4.25
Per guest this alone will increase sales by 57,528.24 that at 43,582 rounds of golf,
And I know with are catering trying to sell more food to every event that number
will be much higher.
12) Continental Catering can also bring a full liquor bar for any event / we own a Catering liquor license. ..
PROPOSAL PAGES / PART IV QUESTIONNAIRE ..
Prior Experience (s)
Number of year's experience the Proposer has had in providing similar services :
15 years
List below those persons who are a principal of the proposer or will have a
management or supervisory position on the premises, if you are awarded the
contract.
List name , title of the postion and project duties . a resume or summary of
experience and qualifications must accompany your proposal.
RANDY EPSTEIN CEO PEAS & CARROTS CONCESSIONS AND
CONTINENTAL CATERING
TO OVER SEE THE OPERATIONS FROM Tm MAIN OFFICE
LEONARD HELLEBUYCK GENERAL MANAGER PEAS & CARROTS
CONCESSIONS AND CONTINENTAL CATERING
TO OVER SEE THE DAY TO DAY OPERATIONS WITH CONTACT WITH
THE PROPERTY MANAGER ( RESUME IS ATTACHED )
PATRICK ROBERTSON PROPERTY MANAGER FOR PEAS & CARROTS
CONCESSIONS
PATRICK HAS OVER 35 YEARS IN TEE FOOD AND BEVERAGE
BUSINESS STARTING AT THE BREAKERS AND RUNNING ROXYS
DOWNTOWN FOR 25 YEARS. HE KNOWS HOW TO KEEP THE CLIENT
AND PROPERTY HAPPY.
..
SCOTT RIESER CATERING SALES AND PARTY OPERATIONS FOR
CONTINENTAL CATERING
SCOTT HAS BEEN WITH CONTINENTAL FOR THE PAST 4 YEARS WITH
GROSS SALES OF 1.2 MILLION IN CATERING SALES JUST FROM HIS
DEPARTMENT. HE WORKED AT SAWGRASS FOR SEVERAL YEARS IN
THERE CATREING DEPARTMENT.
List clients for whom you have provided similar services in the past three years.
Provide agency name, address, telephone number, contact person, and date
service was provided.
SEE REFERRAL LIST
SIMILAR SERVICES AT THESE LOCATIONS
SOUTH FLORIDA FAIR GROUNDS
MOROSO MOTOR PARK
ROGER DEAN STADIUM
SUNFEST
NATIONAL CROQUET CENTER ( MINI COUNTRY CLUB ) FULL
RESTURANT AND BAR
UNITED TENNIS ASSOCIATION
List those City of Palm Beach Gardens agencies with which the Proposer has
had contracts or agreements during the past three years.
NORTH PALM BEACH GARDENS POOL
NATIONAL NITE OUT
HERTITAGE FESTJYAL
ARTIGRAS
Lawsuits (any ) pending or completed involving the corporation, partnership, or
individuals with more than ten (10% ) interest.
a) List all pending lawsuits which are concerned directly with the staff or part
of your organization proposed for the contract.
NONE
b) List all judgments from lawsuits in the last five years which are concerned
directly with the staff or part of your organization proposed for the contract.
NONE
Balance sheet and statement of profit and loss of the proposing firm from the
preceding calendar year. A time and place can be provided to review such
records for the City to satisfl this requirement with our accounting department
561 242-1212 ATTN (CAT)
Bank References:
BANK AND CREDIT REFERENCES ARE ATTACHED
WACHOVIA BANK
CHENEY BROTHERS
OCEANSIDE PRODUCE
Proposal Page / Part V
DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more submittals which are equal with respect to price, quality, and/or service are received by the
City for this concession/catering service, a submittal received from a business that certifies that it
has implemented a drug-free workplace program shall be given preference in the award process.
Established procedures for processing tie submittals will be followed if none of the tied vendors
have a drug-free workplace probram. In order to have a drug-free workplace program, a
business shall:
1. Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the
business’s policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug-abuse violations.
3. Give each employee engaged in providing the commoditieslservices, which are
under this submittal and related contract, a copy of the statement specified in
Section 1 of this submittal.
4. In the statement specified in Section 1 and posted as a “drug-free workplace”,
notify the employees that, as a condition of providing these services that are under
contract, the employee will abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any violation
of Chapter 893 or of any controlled substance law of the United States or any state,
for a violation occurring in the workplace no later than five (5) days after such
conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug-abuse
assistance or rehabilitation program if such is available in the employee’s
community, by any employee who is so convicted.
6. Make a good-faith effort to continue to maintain a drug-free workplace through
implementation of this Section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
reauirements.
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Date Prepared: September 16,2005
Meeting Date: October 6,2005
Resolution 155,2005
EXHIBIT C
Agreement
AGREEMENT FOR
FOOD AND BEVERAGE GOLF COURSE CONCESSION AND CATERING
SE RVI C ES
THIS AGREEMENT is made this day of 2005, by
and between the City of Palm Beach Gardens, a municipal corporation (Lereinafter
referred to as “City of Palm Beach Gardens”), whose address is 10500 North Military
Trail, Palm Beach Gardens, Florida 33410 and Peas & Carrots Concessions /
Continental Catering (hereinafter referred to as “VENDOR”), whose address is 4521
PGA Boulevard, #348, Palm Beach Gardens, Florida 3341 8-3967.
WHEREAS, VENDOR submitted a proposal on those certain specifications and
RFP documents for the Food and Beverage Golf Course Concession and Catering
Services at the Palm Beach Gardens Golf Course, Request for Proposal Number 2005-
012 (hereinafter referred to as “Concession Services”), issued by City of Palm Beach
Gardens; and
WHEREAS, VENDOR is deemed to be the responsive Proposer / Quoter, and
City of Palm Beach Gardens desires to award this Agreement to VENDOR on the terms
and conditions as more particularly described below and as contained in the
specifications and RFP #2005-012 documents for the Food and Beverage Golf Course
Concession and Catering Services at the Palm Beach Gardens Golf Course, and
VENDOR’S response thereto, all of which are hereinafter incorporated by reference and
are referred to as “Specifications and RFP Documents”; and
WHEREAS, VENDOR is desirous of entering into this Agreement with City of
Palm Beach Gardens pursuant to the terms and conditions, as more particularly
described herein and pursuant to the Specifications and RFP Documents.
NOW, THEREFORE, in consideration of the mutual promises contained herein
and other good and valuable consideration of which the parties hereto acknowledge, the
parties agree as follows:
1. The above recitals are true and correct and are incorporated herein by
reference.
2. VENDOR shall perform the services and duties as provided for in the
Specifications and RFP Documents and comply with all of the terms provided
for in the Specifications and RFP Documents.
3. The Agreement term shall be in accordance with the Specifications and RFP
Documents. The Agreement amount shall be in accordance with the
Specifications and RFP Documents.
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4.
5.
6.
7.
8.
9.
VENDOR shall provide to City of Palm Beach Gardens all services, work, and
products that are necessary to fulfill its obligations pursuant to the Concession
and Catering Services and the Specifications and RFP Documents. All prices
for the items and work herein shall be in accordance with VENDOR’S response
to the Project and in accordance with the Specifications and RFP Documents.
VENDOR shall maintain all insurance as is required by the Specifications and
RFP Documents. Prior to commencing any work, performing services, or
supplying products, VENDOR shall provide to City of Palm Beach Gardens
such insurance coverage that City of Palm Beach Gardens has requested in
the Specifications and RFP Documents. In addition, VENDOR agrees to
provide to City of Palm Beach Gardens such other insurance coverage
requested by the City’s Department of Risk Management and with such
coverage amounts and deductibles as is requested by such Department. In
addition, prior to commencing any work or supplying any products pursuant to
the Concession Services or the Specifications and RFP Documents, the City of
Palm Beach Gardens must approve all insurance Certificates provided by
VENDOR.
All renewals of this Agreement shall be pursuant to the Specifications and RFP
Documents.
VENDOR agrees, warrants, covenants, and represents that all products, work,
and services that it shall perform pursuant to this Agreement, the Concession
Services, and the Specifications and RFP Documents as it relates to City of
Palm Beach Gardens, shall be performed in a professional and sanitary
manner. VENDOR warrants the merchantability and fitness of the products and
services as contemplated in this Agreement, the Project, and the Specifications
and RFP Documents.
VENDOR agrees to supply to City of Palm Beach Gardens adequate personnel
to provide timely completion of all Concession and Catering Services and
support contemplated by this Agreement and pursuant to the Concession and
Catering Services and the Specifications and RFP Documents.
VENDOR agrees to indemnify and hold harmless City of Palm Beach Gardens,
its officers, and employees from any and all liabilities, damages, losses, suits,
actions, claims, and/or matters, including costs and reasonable attorney’s fees,
to the extent caused by the negligence, gross negligence, or intentionally
wrongful conduct of VENDOR and any other persons or entities employed or
utilized by VENDOR in performance of this Agreement, the Project, and the
Specifications and RFP Documents. This indemnification is in addition to the
indemnification found in the Specifications and RFP Documents.
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IO. In performance of its obligations hereunder, VENDOR agrees to comply with all
applicable laws, rules, regulations, orders, codes, criteria, and standards,
whether federal, state, or local.
11. The parties to this Agreement understand that City of Palm Beach Gardens is a
tax-exempt organization; nothing herein, however, shall exempt VENDOR from
paying all of its taxes pursuant to this Agreement.
12. In addition to any other termination provisions found in the Specifications and
RFP Documents, this Agreement may be terminated by VENDOR upon thirty
(30) days’ prior written notice to City of Palm Beach Gardens in the event of
substantial failure by City of Palm Beach Gardens to perform in accordance
with the terms of this Agreement through no fault of VENDOR. In addition to
any other termination provisions found in the Specifications and RFP
Documents, this Agreement may be terminated by City of Palm Beach
Gardens, with or without cause, upon thirty (30) days’ written notice to
VENDOR unless VENDOR is in breach of this Agreement. After receipt of a
termination notice, and except as otherwise directed by City of Palm Beach
Gardens, VENDOR shall stop work on the date specified. VENDOR shall not
be entitled to any claim of loss of profits from a termination by City of Palm
Beach Gardens.
13. Neither City of Palm Beach Gardens nor VENDOR 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 nonperforming party could not avoid. The term “Uncontrollable
Forces” shall mean any event that results in the prevention or delay of
performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the nonperforming party. It includes, but is
not limited to, fire, flood, earthquake, hurricanes, storms, lightning, epidemic,
war, riots, civil disturbance, sabotage, and governmental actions.
Neither party shall, however, be excused from performance if nonperformance
is due to forces which are preventable, removable, or remediable, and which
the nonperforming party could have, with the exercise of reasonable diligence,
prevented, removed, or remedied with reasonable dispatch. The
nonperforming 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
continued performance of the obligations of this Agreement.
14. This Agreement shall be construed in accordance with the laws of the State of
Florida. Should any dispute arise from this Agreement, venue shall lie in Palm
Beach County, Florida.
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15. This Agreement shall not be construed against the party who drafted the same
as all parties to this Agreement have had legal and business experts review the
adequacy of the same.
16. This Agreement is binding upon the parties hereto, their heirs, successors, and
assigns.
17. VENDOR warrants and represents that all of its employees are treated equally
during employment without regard to race, color, religion, gender, age, or
national origin.
18. A waiver by either City of Palm Beach Gardens or VENDOR of any breach of
this Agreement shall not be binding upon the waiving party unless such waiver
is in writing. In the event of a written waiver, such a waiver shall not affect the
waiving party’s rights with respect to any other or further breach. The making
or acceptance of a payment by either party with knowledge of the existence of
a default or breach shall not operate or be construed to operate as a waiver of
any subsequent default or breach.
19. The invalidity, illegality, unenforceability of any provision of this Agreement, or
the occurrence of any event rending 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 from
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 further 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 this section shall not prevent the entire Agreement from being
void should a provision, which is of the essence of the Agreement, be
determined to be void.
20. City of Palm Beach Gardens and VENDOR agree that this Agreement sets
forth the entire agreement between the parties, and that there are no promises
or understandings other than those stated herein. This Agreement supersedes
all prior agreements, contracts, proposals, representations, negotiations,
letters, or other communications between City of Palm Beach Gardens and
VENDOR pertaining to this Agreement, whether written or oral. None of the
provisions, terms, and conditions contained in the Agreement may be added to,
modified, superseded, or otherwise altered, except by written instrument
executed by the parties hereto.
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21. This Agreement may not be modified unless such modifications are evidenced
in writing, signed by both City of Palm Beach Gardens and VENDOR. Such
modifications shall be in the form of a written amendment executed by both
parties.
22. 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 City of Palm Beach Gardens:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Manager
As to City of Palm Beach Gardens:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Attorney
As to VENDOR:
Peas & Carrots / Continental Catering
4521 PGA Boulevard, #348
Palm Beach Gardens, Florida 3341 8-3967
Attn: Randy Epstein, C.E.O.
Notices shall be effective when received at the addresses as specified above.
Changes in the respective addresses to which such notice is to be directed may
be made from time to time by either party by written notice to the other party.
Facsimile transmission is acceptable notice effective when received; however,
facsimile transmission received (Le., printed) after 500 p.m. or on weekends or
holidays will be deemed received on the next business day. The original of the
notice must additionally be mailed as required herein.
Nothing contained in this section shall be construed to restrict the transmission
of routine communications between representatives of VENDOR and City of
Palm Beach Gardens.
5
IN WITNESS WHEREOF, City of Palm Beach Gardens and VENDOR have
executed this Agreement all as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
(SEAL)
By:
Christine P. Tatum, City Attorney
WITNESS: VENDOR
Peas & Carrots Concessions I
(CORPORATE SEAL)
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 20,2005
Meeting Date: October 6,2005
Resolution 158, 2005
SubjecVAgenda Item: A Resolution of the City Council of the City of Palm Beach Gardens, Florida
Approving the Assignment and Transfer of Control of the Cable Television Franchise from Adelphia
Communications Corporation to Time Warner Cable, Inc. and then to Comcast Corporation
[XI Recommendation to APPROVE
11 Recommendation to DENY
Finance Director
Submitted by:
Eric Holdt
I Department Director
App ved by- &+ I City Maiager
Originating Dept.:
Information Technology
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified -
[ x ] Not required
Zosts: $ nla
(Total)
$ nla
Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
Council Action:
: ]Approved
i ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 158, 2005
[ ]None
Date Prepared: September 20,2005
Meeting Date: October 6,2005
Resolution 158,2005
BACKGROUND:
Adelphia Communications Corporation, through its subsidiaries, currently operates a cable
television system and controls the cable television franchise in the City. Within the next six
months, control of the Franchise will be transferred to Time Warner Cable, and then to
Comcast Corporation. Adelphia, Time Warner, and Comcast submitted the Federal
Communications Commission Form 394, Application for Franchise Authority Consent to
Assignment or Transfer of Control of Cable Television Franchise on June 14, 2005,
seeking the City’s consent to the assignment and transfer of control of the Franchise.
The existing Adelphia franchise has expired, and Adelphia and the City have engaged in
proceedings for renewal of the Franchise in accordance with applicable federal law. The
City will continue to negotiate a new cable franchise with Adelphia, which is anticipated to
be completed prior to the transfer to Comcast. This will be presented to the Council as a
Franchise Ordinance in the spring of 2006. Thereafter, Comcast will assume the
responsibilities of the Franchise. L
STAFF RECOMMENDATION:
Approve Resolution 158, 2005 as presented.
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Date Prepared: September 4,2005
RESOLUTION 158,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE ASSIGNMENT AND
TRANSFER OF CONTROL OF THE CABLE TELEVISION
FRANCHISE FROM ADELPHIA COMMUNICATIONS CORPORATION
TO TIME WARNER CABLE, INC., AND THEN TO COMCAST
CORPORATION, OR THEIR RESPECTIVE SUBSIDIARIES, SUBJECT
TO CERTAIN CONDITIONS; PROVIDING FOR SAVINGS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Adelphia Communications Corporation through its subsidiaries
(“Adelphia”), currently owns, operates, and maintains a cable television system and
controls a cable television franchise (“Franchise”) in the City of Palm Beach Gardens
(“City”), pursuant to Ordinance 22, 1967; and
WHEREAS, Ordinance 5, 1990, which codified Chapter 22 of the City Code
(“Cable Ordinance”), provides for the issuance and regulation of cable television
franchises for, and the installation, construction, and operation of, cable television systems
within the City; and
WHEREAS, Adelphia is currently in Chapter 11 Bankruptcy proceedings; and
WHEREAS, pursuant to an Asset Purchase Agreement dated April 20, 2005,
between Adelphia and Time Warner NY Cable LLC (“TWNY), the right to purchase
Adelphia’s cable systems will be assigned by TWNY to a wholly-owned subsidiary of
TWNY, Cable Holdco Exchange IV, LLC, which will purchase the cable systems and the
Adelphia Franchise (the “Adelphia Transaction”); and
WHEREAS, pursuant to an Exchange Agreement dated April 20, 2005, between
Time Warner Cable, Inc. (“Time Warner”) and Comcast Corporation (“Comcast”), 100% of
the equity securities in the indirect Comcast subsidiaries of C-Native Exchange HA, LP and
Cap Exchange I, LLC will be exchanged for 100% of the equity securities of Cable Holdco
Exchange IV, LLC whereby that entity will become a 100% indirect subsidiary of Comcast
(the “Exchange Transaction”); and
WHEREAS, Adelphia, Comcast, and Time Warner submitted the Federal
Communications Commission Form 394, Application for Franchise Authority Consent to
Assignment or Transfer of Control of Cable Television Franchise (“Application”) on June
14, 2005, seeking the City’s consent to the assignment and transfer of control of the
Franchise, as a result of the Adelphia Transaction and Exchange Transaction (collectively
referred to herein as the “Transaction”) in accordance with the requirements of the
Franchise and City Code; and
Date Prepared: September 4,2005
Resolution 158,2005
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a
WHEREAS, the City has several concerns related to the Franchise, cable services
in the City and the Transaction, including, but not limited to, that the Franchise has
expired, and Adelphia and the City have engaged in proceedings for renewal of the
Franchise in accordance with applicable federal law; and
WHEREAS, based on the representations of Adelphia, Time Warner, Comcast,
and the recommendations of City staff, the City Council of the City of Palm Beach
Gardens, Florida finds that it is in the best interests of the City to approve the assignment
of transfer of control of the Franchise to Time Warner and then to Comcast subject to
certain conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION I. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
consents to the assignment and transfer of control of the Franchise from Adelphia
Communications Corporation and its respective subsidiaries to Time Warner Cable, lnc.
and its subsidiaries, and then to Comcast Corporation and its respective subsidiaries,
pursuant to the terms and conditions described herein. The City Council’s consent is
conditioned upon the closing of the Transaction in substantially the same form as the
Transaction described in the Application no later than October 1, 2006, and the outcome
of the federal Bankruptcy Court presiding over the Adelphia bankruptcy proceedings. In
the event that this condition is not met, the consent granted herein shall be voidable at the
sole option of the City. The City Council’s consent is further conditioned expressly upon
the following:
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Comcast shall notify the City within three (3) business days of the closing of
the Transaction, or Adelphia shall notify the City in the event the Transaction
does not close by October 1,2006.
Surety Bond & Insurance. Time Warner, Adelphia, and Comcast agree that
there shall be no gap in any such coverages or obligations as required by the
Franchise. Copies of the form of any such new Surety Bonds and proof of
insurance shall be provided to the City Attorney in advance of the transfer and
the new Surety Bonds, and proof of insurance shall be provided to the City
Attorney within ten (IO) business days of the closing of the Transaction.
Comcast shall comply with all terms of the Franchise, the Cable Ordinance,
and this Resolution, as they may be lawfully amended.
Date Prepared: September 4,2005
Resolution 158.2005
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SECTION 3. The City’s consent herein does not constitute and shall not be
construed to constitute a waiver of any of the City’s rights under the Franchise, or other
applicable law, including its rights under Section 626 of the Cable Act, 47 U.S.C. $546,
with respect to the renewal of the Franchise. The City hereby reserves any rights it may
have under federal and state law, the Franchise, and the City Code, as it may be lawfully
amended, including, but not limited to, the Cable Ordinance, and the City’s failure to
enforce or to compel compliance with any provision of this Resolution, the Franchise, or
applicable law shall not constitute a waiver of such provision or of Comcast’s or Adelphia’s
non-compliance.
SECTlON4. The City hereby consents to and approves the assignment,
mortgage, pledge, or other encumbrance, if any, of the Franchise, the Cable System, or
assets relating thereto as collateral for a loan.
SECTION 5. All rates, fees, charges and financial obligations previously accrued
by Adelphia or Comcast, or any of its predecessors, to the City pursuant to any prior or
current ordinances or resolutions shall continue and remain due and owing until paid,
consistent with applicable state and federal law.
SECTION 6. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
3
Date Prepared: September 4,2005
Resolution 158.2005
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PASSED AND ADOPTED this day of , 2005.
CITY OF PALM BEACH GARDENS, FLORIDA
ATTEST:
BY:
Joseph R. Russo, Mayor
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 ---
G:bttomey-share\RESOLUTlONSMdelphia Transfer to Corncast -reso.doc
4
City of Palm Beach Gardens
Council Agenda
October 6,2005
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
Ma yo r Ru s s o
Vice Mayor Jablin
Council Member Levy
Council Member Valeche
Council Member Barnett
J I.
I/ 11.
111.
J IV
r/ v.
VI.
VII.
VIII.
WJ
Sa
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
October 6,2005
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
ITEMS OF RESIDENT INTEREST:
CITY MANAGER REPORT:
a. Service Delivered Enhancements through Cross training. - diir ~g, B~O& u.
COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
CONSENT AGENDA:
a. [Page 5) Approve Minutes from the September 15, 2005 regular City Council
meeting.
b. [Staff Report on Page 12, liesolutioii on Page 15) Resolution 151, 2005 -
Authorize expenditures from Art Impact Fees. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida allocating Art Impact Fees for a
lighting system in the City Hall lobby, a lighting system for Costas Varotsos’
“Contiguous Currents” sculpture, Change Order No. 1 for the PGA Boulevard
City shields, and Change Order No. 1 for the PGA Boulevard tower sculptures;
and providing an effective date.
C. (Staff lieport on Page 27) Quarter Financial Report for the period ended June 30,
2005.
IX. PUBLIC HEARINGS:
Part I - Ouasi-iudicial
a. (Staff Report on Page 71, Ordinance on Page 199, Resolution on Page 204)
Ordinance 18, 2005 - (2nd Reading and adoption) 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.
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.
{Staff Report on Page 71, Ordinance on Page 219, Resolution 011 Page 224)
Ordinance 19, 2005 - (2nd Reading and adoption) 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.
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 amend certain conditions of approval; and
providing an effective date.
Part I1 - Non-Ouasi-iudicial
X. RESOLUTIONS:
a. (Staff Report oil Page 233, Iholution on Page 235) Resolution 136, 2005 -
Approve a work authorization to Landscape Service Professionals, Inc. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving a Work
Authorization and Notice to Proceed to Landscape Professionals, Inc. based on its
annual Landscaping and Irrigation Contract dated September 15, 2005 for median
improvements along Military Trail from Lillian Avenue North to Lilac Street; and
providing an effective date.
Qd
Po
b. (Staff‘ Report on Page 249, Resolution on Page 251) Resolution 155, 2005 -
Contract award to Peas and Carrots Concessions, Inc. for Food and Beverage
Concessions at the City Golf Course. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving an Agreement to Peas and Carrots
Concessions, Inc. for Food and Beverage Concession and Catering services at the
Golf Course; and providing an effective date.
(Staff Report on Page 34.1, l<csoliition on I’a!~c 336) Resolution 158, 2005 - Cable
Franchise Transfer - A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the assignment and transfer of control of the cable
television franchise from Adelphia Communications Corporation to Time Warner
Cable, Inc., and then to Comcast Corporation, or their respective subsidiaries, subject
to certain conditions; providing for savings; and providing an effective date.
@Jd
pwJJ C.
Cs0
XI
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
ORDINANCES: (For Consideration on First Reading)
XIV. 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:
800-955-8 771 (TDD) or 800-955-8 770 (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 Agenda
October 6,2005
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
4
J
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
October 6,2005
7:OO P.M.
I. PLEDGE OF ALLEGIANCE
11. ROLLCALL
111. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST:
VI. CITY MANAGER REPORT:
a.
COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
Service Delivered Enhancements through Cross training.
, ab VII. 7.
VIII. CONSENT AGENDA:
Y-O
a. (Page 5) Approve Minutes from the September 15, 2005 regular City Council
meeting.
b. (Staff Report on Page 12, Resolution on Page 15) Resolution 151, 2005 -
Authorize expenditures from Art Impact Fees. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida allocating Art Impact Fees for a
lighting system in the City Hall lobby, a lighting system for Costas Varotsos’
“Contiguous Currents” sculpture, Change Order No. 1 for the PGA Boulevard
City shields, and Change Order No. 1 for the PGA Boulevard tower sculptures;
and providing an effective date.
C. (Staff Report on Page 27) Quarter Financial Report for the period ended June 30,
2005.
f
IX. PUBLIC HEARINGS:
Part I - Ouasi-judicial r(tL ycamm Jt’ 1 I/?
7 93 a.
b.
{Staff Report on Page 71, Ordinance on Page 199, Resolution on Page 204)
Ordinance 18, 2005 - (2nd Reading and adoption) 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.
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.
{Staff Report on Page 71, Ordinance on Page 219, Resolution on Page 224)
Ordinance 19, 2005 - (2nd Reading and adoption) 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.
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 amend certain conditions of approval; and
providing an effective date.
Part I1 - Non-Quasi-judicial
X. RESOLUTIONS:
a.
\\Xf
b.
C.
11:
$00
[Staff Report on Page 233, Resolution on Page 235) Resolution 136, 2005 -
Approve a work authorization to Landscape Service Professionals, Inc. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving a Work Authorization and Notice to Proceed to Landscape
Professionals, Inc. based on its annual Landscaping and Irrigation Contract dated
September 15, 2005 for median improvements along Military Trail from Lillian
Avenue North to Lilac Street; and providing an effective date.
@staff Report on Page 249, Resolution on Page 251) Resolution 155, 2005 -
Contract award to Peas and Carrots Concessions, Inc. for Food and Beverage
Concessions at the City Golf Course. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida approving an Agreement to Peas and Carrots
Concessions, Inc. for Food and Beverage Concession and Catering services at the
Golf Course; and providing an effective date.
[Staff Report on Page 344, Resolution on Page 346) Resolution 158, 2005 -
Cable Franchise Transfer - A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the assignment and transfer of control of the
cable television franchise from Adelphia Communications Corporation to Time
Warner Cable, Inc., and then to Comcast Corporation, or their respective
subsidiaries, subject to certain conditions; providing for savings; and providing an
effective date.
XI
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. 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.
ORDINANCES: (For Consideration on First Reading)
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.
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COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name: J0l-W J!%v-Q5w
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 I
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
Please Print
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:
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 Pr-
City:
Subject : I c/y) -f- c/ d -
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
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 .--
~
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
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: JOHh, 6LIDbW
Address: Q kywTLy GI n_G&
City: PtkM PbAis-.l)r mw5
Subject: WST wwwlp
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 ..
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
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
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:
~~
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:
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 I
City: T
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
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
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.
i‘s
Page 2 of 6
768 So.:ld 11 14
768 So.:Zd 11.14,25 Fla. L. Weekly D1547
(Cite as: 768 So.2d 1114)
P
Briefis smd Other Related Documents
District Court of Appeal of Florida,
Third District.
Petitioner,
V.
etc., Respondent.
NO. 3DOO-40-
June 28,2000.
Rehearing Denied Oct. 18,2000.
ARer rhe zoning appeals board denied church’s
applicaiion for special exceptions and non-we
variaricr:s to expand school, the Circuit Court,
Appellate Division, Miami-Dade County, Thomas
M. Cruney, William Johnson, and Scott J.
Silvaman, JJ., summarily denied certiora.ri
reviewed. Church petitioned for writ of certiorari.
The 1)ir;trict Court of Appeal, Ramirez, J., held that:
(1) chiuch‘s traffic study was invalid and thus
church failed to meet zoning criteria requiring
consideration of neighborhood traffic impact, and
(2) rejection of church’s application did r-ot violate
Florida’s Religious Freedom RestOmiOn Act.
Petition denied.
West Headnotes
[l] Zoning and Planning €=%OS
4 14kliO.3 Most Cited Cases
Traffic nudy of church that applied Air special
exception to expand its school ww invalid and thus
church failed to meet zoning criteria requiring
consideration of neighborhood traffic impact, as its
projections of future neighborhood lrfl~c
congestion were flawed in that they were based on
.
Page 1
figures whch took into account less than 100% of
the number of additional students permitted at
school under the application, and most frequently
used ingress and egress fkom school was by way of
a non-arterial, neighborhood street, rather than
county &d street that bounded the
churchischool property.
[2] Zonhg and Plaming e565
414k565 Most Cited Cases
A petition for certiorari is not the propea’ proccduraf.
vehicle to challenge the constitutionality of a zoning
ordmance, which must be determined in original
proceedings before the circuit court.
[3] Civil Rights -1073
78k1073 Most Cited Cases
(Formerly 78k130a5,78k130)
p] Zoning: and Tilanaing C=’J08
414k508 Most Cited Cases
Zoning board‘s rejection of church’s application to
expand school, on ground that application did not
meet the zoning criteria for speciaI exception, did
not violate Florida’s Religious Freedom Restoration
Act, as zoning code was entirely secular, did not
regulate belief instead of conduct, and was not
aimed at impeding religion, application of zoning
ordinances to preclude expansion of school did not
prevent or seriowly inhibit church’s ability to
provide a religious education, and county had a
compelling interest in enacting and enforcing fair
and reasonable zoning regulations. West’s F.S.A. $5
761.02-761. .05.
[4] civil Rights -1032
78k1032 Most Cited Cases
(Formerly 78kl10.1)
To establish claim under Florida’s Religious
Freedom Restoration Act, interference with adherent’s religious practice must be more than an
inconvenience; the burden must be substantial.
West’s F.S.A. $9 761.02 et seq.
Q 2005 Thornsonmest. No Claim to Oig. US. God. Works.
http : //print wes tlaw . codde livery. html? des t=atp&fonnat=HTMLE&dataid=BOO 5 5 8 00 0 00.. . 71 19/2 00 5
07/19/2005 16: 50 4958169
768 So 2d 11 14
768 So 24 11 14,25 Ha. L, Weekly ID1547
(Cite as: 768 So.2d 11x4)
[5] Znriing and Planning e743
414k743 Most Cited Cases
As issue was never raised at trial court level,
appellate court would not adkess church's equal
protection-type argument on challenge to zoning
board's denial of application for special exception
to expand church's school, Gad on claim that
county had granted exemptions from its zoning
requirelnents to several public schools in the area
while refusing to gxant an individualized exemption
to chlui:h.
*lll.3 Liberty Counsel, and Mathew D. Staver and
Erik W. Stanley, Longwood, for petitioner.
*1115 Robert A. Ginsburg, MimnbDade County
Attorney. and Jay W. Williams, Assistant
Miami-Pade County Attorney, for respondcnt.
Before GERSTEN, and RAMIREZ, JJ., and
NES13UT, Senior Judge.
RAM:IELEZ, J.
This petition for certiorari review is brought by the
unsuc:cc:ssful applicant for zoning special axceptions
and miiianccs. The circuit court, appellare division
sumnxady dmicd certiorari review and thus
confirmed the denial of the application by the
Cormnudty Zoniiig Appeals Board of Mixmi-Dade
County We conclude that the applicant did not
present sufficient, competent evidence to satisfy its
burden of showing that its request met the
applicalde standards and criteria for the granting of
specid exceptions and non-use variances set forth
in thc Comprehensive Development Miistcr Plan
and ihc Metropolitan Miami-Dade County Zoning
Code Because of this failure of proof by the
appliccuit, wc hold that the circuit court, apptllatc
division properly applied the correct law when it
rehsird to quash the Zoning Board's decision. Thus,
we den:! the petition.
Petitismer First Baptist Church of Perriiie luns a
church-relatcd school for kindergarten through sixth
grade cln its church property in Perrine, Florida. It
sought two specid exceptions and a sign variance
from tine county zoning outhoritics hi ordcr to
KAREN ROSELLI PAGE 02
Page 3 ofG
Page 2
expand the school to include the seventh and eighth
grades and increase the number of students
attending the school from 500 to 650. The
County's zoning and planning department
recommended the approval of the proposal and the
Church then brought the matter for bearing before
the Zoning Board.
The Church presented testimony and studies that
concluded that only a minimal potential traffic
congestion increase could be expected in the
neighborhood surrounding the Church if the
proposed expansions were permitted, The Church
had already changed the school day beginning time
at the suggestion of WIC specialists in an effort to
minimize earIy morning congestion. The Church
also presented testimony showing that it considered
having a religious-based school a central part of its
religious ministry, and that it was important to
extend that schooling into the adolescent years by
having gxades seven and eight.
[1][2] The neighboring residents opposed the
planned expansion based on the potential for
increased trafXc and crime in the neighborhood
should middle school grades be allowed at the
school. In fact-based testimony before the Zoning
Board, representatives of the neighborhood pointed
out, and we agrce, that the Church's traffic study
was invalid and thus not probative of the zoning
code's tr&c impact and neighborhood quality
protection standards because its projections of
future neighborhood traffic congestion were flawed.
Those projections were based on figures which took
into account less than 100% of the number of
additional students permitted at the school under the
application, The residents also presented
fact-based testimony calling into question the
validity of die traffic study and the County's zoning
and planning department's recommendation based
on that study because it showed that the most
frequently used iiigrcss and egress from die sr;hool
was by way of a non-arterial, neighborhood sheet,
SW 170 Street, rather than the County arterial
street, SW 168 Street, which bounded the
ChurcNschool property. Thus, the applicant failed
to meet the criteria which require consideration of
the neighborhood traffic impact arising from a
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requested special exception. See 0 33-31 l(A)(3),
(F)( l),( 5), Miami-Dade County Code; CDMP,
Traffic Circulation Element, objective 5. [FNl J
FNl. The Church attempts to cha.llenge the
constitutionality of section 33-311 of he
Miami-Dade County Code, which section
establishes the Zoning Board aid creates
ae criteria to be used by the Zoning Board
in its consideration of zoning application.
We decline to address the merits of his
issue because a petition for certiorari is not
the proper pxocedural vehicle to challenge
the constitutionaiity of this ordirtance. See
Civ of Dee@eld Beach v. Vnillant, 419
So2d 624, 626 (Fla.1982) (The district
court, in reviewing the circuit court's
judgment dctcrmina "whethcr the circuit
court afforded procedural due process and
applied the coxxect lawa''). The
constitutionality of the ordinancs: must be
determined in original proceedings before
the circuit court, not by way of a petition
for writ of certiorari. See Nostinio, 6;c. v.
City of Cleamater, 594 So.2d 779 (Fla. 2d
DCA 1992). Furthermore, this issue was
never brought bcforc .the circuit court in
the proceedings below and should not be
considered initially by this Court.
'lllri [n our recent decision in Jesus Fellowship,
Ac. Y. .Wami-Dade County, 752 So.2d 708 (Fla. 36
DCA 2000), which admittcdy involved similar
issuet; and facts, we stated as follows:
An applicant seeking special exceptions and
unusual uses need only demonstratc: to thc
decision-making body that its proposal is
consirtent with the countyls land use plan; that
the uses we specifically authorized ris spocial
excqtions and unusual uys in the applicable
zonin.3 &strict; and bat the requests meet with
the applicable zoning code standards of review.
If thi!; is accomplished, then the application must
be granted unless the opposition carries its
burden, which is to demonstrate that the
applicant's requests do not meet the standards and
arc in fact advase to the public interest.
Id. at 709. Here, unlike in Jesus Fcllowhrp,
KAREN ROSELLI PAGE 83
Page 4 of 6
Page 3
although the Church arguably demonstrated that its
application was consistent with the land use plan
and that the uses were specilically authorized, its
flawed traffic impact study failed to meet the zoning
standards of review. The recommendation for
approval of the application by the County's zoning
and planning department was likewise flawed
because it was based upon the erroneous finding
that th~ Chmhs evidence, includmg the suspect
traffic study, satisfied the critez-ia fox special
exceptions. The invalid conclusions contained in
this evidence did not constitute competent evidence
in support of the Church's application, and,
therefore, the burden never shifted to the objectors,
as it did in Jesus Fellowship, to show that the
request did not meet the standards and were adverse
to the public interest. [PN2] Because of the
inadequacy of the evidence preuenled by the
applicant ta satisfi the criteria for special
exceptions, as a matter of law, the Zoning Board
properly denied the application.
FN2. In addition to their extensive
discussio~1 of the Cfiurdl's flawed kdffic
study projections and their experiences
with increased traffic on their residential
streets from the Church school, eveii
without the proposed increase in student
population, the opponents of the
application presented testimony inttxided
to prove that the increase in older students
provided for under the application would
also increase criinc in the Mea. A high
school principal with extensive training on
"youth crime and crime prevention"
testified using county-wide crime data
about the increase in neighborhood crime
when comparing areas having only
elementaq schools to those which have
middle schools, While this testimony
might have some factual validity, we
believe that if such a concern were
sufficient to justify denying this
application, zoning authorities could
always deny M application by a high
school or middle school even though the
zoning laws and the Master Plan
contemplate schools bcing built within
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residential zones. Had the Church
sustained its burden, we do not believe that
this testimony about a potential for crime
increase would have been competent to
support denial of the application.
[3][4] The Church also challenges the Zoning
Board?; rejection of its appljczation by way of a
claim That the decision violates Florida's Religiouu
Freedom Restoration Act, $5 761.02--05, Fla. Stat.
(199!)). m3'J The *1117 Church contends that the
Zoning Board's ding restricts the free exercise of
its well-founded religious beliefs which allegedly
require it to educate its children in a religious
setting. The Church argues that the Act requirca
the 1Zounty to show a compelling government
interest to justify the denial of the Church's requests
for special exceptions and variances; or that, if
such interest is shown, the County must find a less
restrictive method to protect the gownmental
interest than complete denial of the Church's request;.
m3. Tn 1998, Florida enacted the
Religious Freedom Restoration Act
modeled aficr the federal statue of the same title. See 42 U.S.C. $8 200Obb-
2000bb-4. Section 76 1.03, Florida Statutes
provides that "the government shall not
substantially burden a person's exercise of
religion -..." In Vernon v. City of Los
AngeZes, 27 F.3d 1385, 1393 (9th Cir.1994)
, the court explained that to show a free
exercise violation, the. religious adherent
had the obligation to prove that a
governmental action burdened the
adherent's religious practice by pressuring hxm or her to commit an act forbidden by
the religion or by preventing him or her
from engaging in conduct or .having a
K~~&US experience which the faith
mandates. This interference must be more
than an inconvenience; the burden must be
substantial. See DicRerson v. Sttrart, 877
F.Supp. 1556 (M.I).Fla,1995).
Wc do not agree that the County has the burden of
showing it has a compelling interest requiring denial
KAREN ROSELLI PAGE 84
Page 5 of 6
Page 4
of the Church's zoning reqiiest. The United States
Supreme Court, in Church of the Luhmi Bubalu
Aye, Inc. v. Cry ofHiuleah, 508 U.S. 520, 531, 113
SCt. 2217, 124 L.Rd.2d 472 (1993), explained that
"a law that is neutral and of general applicability
need not be jusMied by a compelling governmental
interest even if the law has the incidental effect of
burdening a particular religious practice." In Grosz
v. City of Miami Beach, Fla., 721 F.2d 729 (11th
Cir.1983), the court enunciated a three-part test to
determine whether there has been a violation of the
constitutional First Amendment Free Exercise
Clause (which Florida's Act is obviously designed
to protect): (1) the ordinance must regulate
religious condwt, not belief; (2) the law must have
a secular purpose and secular effect; and (3) once
these threshold tests arc met, the court must balance
the competing gwernmental and religious interests.
In this case, the Church has not even attempted to
show, nor could it show, that the zoning ordinances
here, which preclude its requested expaneion,
regulate belief instead of conduct. The County's
zoning code is entirely secular in purpose and
effect. The record does not demonstrate that the
County's zoning ordinances are aimed at impcdmg
religion, that hey axe bawd on a disagreement with
religious beliefs or practices, or that they negatively
lnfluence the pursuit of religious activity ox
expression of religious belief See Grosz, 721 F.2d
at 733-34. Further, the burden on the County of
altering the enforcement of its zoning ordinances to
accommodate the Church's requests would be
much greater than any burden placed on the
Church's religious activity by requiring that it
comply with the Zoning Board's decision in this
matter. In First Assembly of God v. Collier Co.,
775 FSupp. 383, 386 (M.D.Fla.1991), the cow
recognized 89 a signrficant interest the preservation
of a government's ability to regulate zoning. To
impose on the County's zoning ordinances an
exception based on religion could result in the
breakdown of a community's zoning scheme and
increase laon-conforming useg each time religion is
asserted as a basis for zoning ~S~UGS~J. Even
though the Church argues that religious education
is central to its religion, the burden on the Church
of conducting this activity elscwhere is less than he
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KAREN ROSELLI PAGE 05
Page 6 of 6
768 So..Zd 11 14
768 So.:2d 11 14,25 Fla. L. Weekly D1547
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burden which would be placed on the County if it is
forced 'to routinely grant exceptions to its zoning
scheme:; for primarily rcsidehtial noigliborhoods
when requested to do so for alIegedly religious
pUl'POSe3.
[5) Application of the County's zoning cjrdinances
to prt:clude expansion of Fist Baptist Church of
Pemne't: school does not prevent or scriously
inhibit rhe Church's ability to provide a religious
educadon. There are other less-traffic-sensitive
locations within Miami-Dade County for the Church
to expand in order to teach seventh and eighth
grader:, if its religion so requires. 11: is not
absolutely precluded fiom providing seventh and
eighth grade classes by the Zoning Board's decision.
*I118 But, even assuming that the Church has
dernorlstrated a substantial burden on its free
exerciire of religion, the County clearly has a
compelling interest in enacting and enfoicing fair
and czasonable zoning regulations. See Daytona
Rescuc: jKission, Inc. v. City of Daytona Beach, 885
F.Supp. 1554, 1560 (M.D.Fla. 1995). Fox these
reasons, the circuit court, appellate divitiion also
properly rejected the Chuxch's contention that the
Zoninl: Board's denial of its zoniag request violated
the Act. [FN4]
Page 5
In conclusion, the circuit court, appellate division
properly applied the correct law in this case when it
denied the Church's attempts to overturn the Zoning
Board's denial of its application. As a rnarter of
Iaw, the Church's evidence did not satisfy the
mning code criteria for the granting of special
exceptions. nor did the Zoning Board's decision in
any manner violate the Florida Religious Freedom
Restoration Act.
Petition fox writ of certiorari denied.
768 So.2d 11 14,25 Fla. L. Weekly I31547
Briefs and Other Related Doclirnents (Back to
top)
3D00-40 (Docket)
(Jan. 19,2000)
END OF DOCUMENT
FN4. The Church also~advancss an equal
,protection-type argument based on its
assertions that the County has granted
8axemptions from its zoning requirements
'to several public schools in the area, while,
:at the same time, rewing to grant an
individualized exemption to the Church.
'ne Church argues that where a
govenmental agency has a law that
provides a system of indiv::dualized
exemptions, it may not refuse to extend
that system to cases of religious hardship
without compelling reason. See
jymployment Div., Dq't of Htcman
jPesources of Or. v. Smith, 494 C'S. 872,
1184, 110 S.Ct. 1595, 108 L.Ed.2d 876
( 1990). This issue, however, was never
raised at the circuit court level and we
decline to address it here.
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435 !30.2d 868
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P
District cburt of Appeal of Florida,
Third District.
Shix eterson, his wife; R chard D. PoUey; and Richard W. Green,
AppelhWCross-Appellees ,
hUAMl SHORES VILLAGE qptl Edward A.
btcCarthy, as Archbishop of the Archdiocese
of Miami, hxs successor^) in Officc,
AppelleedCross- Appellants.
No. 82-907.
Lawrence R , Richard G. Peterson and
V.
July5, 1983.
Rehearing Denied Aug. 24, 1983.
Property owners brought action against village and
archbishop of archdiocese for a declaratiori that use
of certain property in the village for administrative
ofices of archdiocese was in conflict with zoning
code. The Circuit Court, Dade County, John Gale,
J., held that the admhkativc building was not
inconsislent with one-family dwelling characteristic
of the village as a matter of law, and cross appeals
were tsken. The District Court of Appeal,
Fergusoxi, J., 4
single- fiunily dwellings, including churches, other
places of worship, Sunday school buildings and
uses dimtly related thereto,
Reversed and remanded
West Headnotes
(11 Appe:al and Error c=w)31(1)
30k931(I) Most Cited Cases
Ill Appeal. and Error ~1010.1(6)
30k1010.1(6) Most Cited Cases
[l] Apped and Error €='1012.1(5)
30k1012.1(5) Most Cited Cases
Trial judge's findings of fact and cmclusions of law
come to appellate court with a pxceurapzion of
comctness and will not be disturbed unless rotally
unsupported by competent substan~al evidence;
however, if trial court's decision is manifestly
against the weight of the evidence or is contrary to
the legal effect of the evidence, it becomes duty of
appellate court to reverse the deckion.
121 Zonhg and Planniug -288
414k288 Most Cited Cases
Archdiocese's administrative building, 80% of
which was utilized for administrative sewices to the
entire archdiocese, sewing 135 parishes, and the
remaining 20% of which was utilized as a parish
church for the village, violated applicable zoning
ordinance which permitted use of the land for
single-family dwellings and ancillary purposes
consistent with single-family dwellings, including
churches, other places of worship, Sunday school
buildmgs and uses directly related thereto,
*868 Williams, Salomon, Kanner, Damian,
Weissler & Brooks, and Gary Brooks, Miami, for
appellants/cross-appellees.
"869 William F. Fa, Jr., Miami Shores, McDemott, Will & Emery and J. Michael
Fitzgexald, Jr., Miami, for
appelleeslcross-appelIants.
Before NESBITT, DANIEL S- PEARSON and
FERGUSON, JJ.
FERGUSON, Judge.
Appellmts commenced this action on a complaint
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for a declaration that the use of cmiu property h
Mianii Sbrcs Vilhge for administxative offices of
the Purhdiocese is in conflict with the zoning code,
and for an injnjlmction prohibiting construction of the
admhietrative building. FJl]
FN1. We are regularly called upon to
revicw cases questioning the applicability
of municipal zoning ordinances to
religious groups. Miami Beach United
Lutheran Church of the Epiphatly v. City
of Mami Beach, 82 So.2d 880 (FIa.1955);
Grosz v. State, 381 So2d 316 (Fh 3d
IXA 1980); Town of Hdgleah Gardens v.
Hebraica Community Center, Inc., 309
So.2d 212 (IFla. 3d DCA 1975); City of
Miami Beach v. Qreater Miami Hebrew
Academy, 108 So.2d 50 (Fla 3d DCA
1958), cert. denied, 113 So.2d 229
(Fla.1959).
Both parties filed motions for summary judgment
stipulating that there wcrc no disputed issues of
material facts and that the matter should be
disposed of by summary judgment on the point of
law.
Appellar.b, all residents of Miami Shores Village,
reside in the immediate vicinity of the property
owned thy the Archdiocese. Their homes, and the
Archidocese's land, are locatd within a district
designated for singlc-family resideulial me by
Miami Shores Village Ordinance No. 270 and a
Schedule of Regulations wbjch is part of the
ordinance. Article I, Scction 101 of th~ urdinance
is entitled "F'urposes'l. It sets fa& the intent of the
council in enacting the comprehensive zoning plan:
The regulations ... constitute a cumpr2hensive
zoning plan that ,.. recognizes the predominantly
one-fmiily residential character of the Village,
with all other wes of land either being incidental
and cornenient therero or, if eisthg 88 a result of
extraneous factors, being secondary thereto. It is
the intention of this ordinance to preserve and
enhancci the one-family residential character of
the Village, malung provision for such other uses
as will contribute to this ad, prohibiting such
uses tu would be in conflict therewith, and. saictly
limiting the intensiq and extent of pemittcd USM
the intensification and expansion of which would
detract fkom the predominantly one-fsmdy
residential character of the Village ....
AppeUecs rely upon (L provision in the Schedule of
Regulations which permits use of the land for an
ancillary purpose consistent with the "one-hily
dwelling" characteristic of the community:
Churches, other places of worship, Sunday school buildings and uses directly related thereto.
not inconsistent with the one-family TwellLg
characteristic of the Village as a matter of law.
In late 1981, the Archdiocese announced plans to
construct a "Pastoral Center" which would serve
primarily a9 a facility for the transaction of
admmistmtive afbirs of the Archdiocese. A use
aualysis produced by the Archdiocese reflected that
approximately eighty percent of the s- would
be utilized strictly for administrative services to tbe
entire Archdiocese, serving I35 parishes fiom
Stuart, Florida on Qc north, to Key West on the
south and Naples on the west; the remaining twenty
percent of the structure would be btihzed ag a new
parish church.
The administrative services to be provided at the
center wcrc to include; evriluatioii of religious
services conducted within the Archdiocese;
administration and coorddinatioa of services
provided by the Catholic Service Bureau, a social
service agency; planning, coodmation and
evaluation of the Archdiocese's educational system;
publication of the Archdiocese's newspaper; and
administration of fund-raising activities by its office
of development. As *870 planned, the offxce would
employ approximately 114 people, ninety of whom
would be lay people. Parking spaces wete planned
to accommodate 180 vehicles. Less than one
percent of the administrative services provided at
the center would be for the benefit of panshioners
of the church located on the property.
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The te,nns, "churchas", "places of woiship" and
"Swiay school buildings", w used in the
ordinance, do AOt, in their 0- and U meanls, include buildings used primaxily for
admhk:tration. The question then is whether the
a&&lis,uative building was intended to bave a use
directly related to "[c)hurcher, other places of
wodup, [or] Smday school buildings" within the
rneanuxg which those terms must be given when
consiticed in the context of the entire ordm3nce.
The single-family dwelling characteristic is the
domirraxit theme throughout the zoning ordinance.
The only hwtnonious intcrpretaticm that can be
given "churches, other places of worship, [or]
Sunday school buildings", as a pmnitted ancillary
UBO, it1 that the activities conducted at such facilities
must be, at least primarily, for rhe benefit of those
persons who attend, or are members of, the
congrqyition using thoso facilities. Normally, chat
would be the residents of nearby single-Wy
hones. The construction of the ordinance which
appekec~ advance-that as long a the
administrative offices bear some relationship to a
community church, it makes no difference that the
offices will serve 135 othcr parishes and a social
service: qency which have no connection to the
Village-would circumvent and undernine its
expressed legislative intent.
We have been presented no case directly on point
but q'p4:Uante argue persuasivdy by analogy.
First, they cite Ciy of Mhi Beach v. Uckiiel, 305
So.Zd 281 (Fla 3d DCA 1974). There the city had
enacted a zoning ordinance which pcnnitted B
certain "accessory use" restaurant license. Under
an acclessory use license, the owner could operate
the restaurant for the primary usc and con-Jenieiice
of tenants, but could not operate for "CofllfnerCial
use". This cow held that the owner, by television
and newpaper advertising addrcssed to other than
tenants, had transformed his "accessory use"
license into a primarily "commercial use", in
ViQ1diOn of the city ordinance. See ulso
hterna8+ionai Company, Inc. v. City of Miami
Beuch, 90 So.2d Yo6 (Fla.1956) (where coffee
shops and lounges operated in hotcl under
accessory use permit, it was violation to erect a
Page 4 of 5
Page 3
prominent sh outside the hotel bu . ~ ling which had
&e effect of-atbactmg persons who were not guests
of the hotel).
In the more analogous case of Spey v. Hay-, 406
So.2d 1176 (Fla. 1st DCA 1981), residents and
leaseholders on Santa Rosa Island sought a
nandatory hjunction to require removal of
improvements dcgedly construc;*d in violation of
the Island's protective covenants and restxictions.
The purpose of the restrictions in question was to
preserve the B-2 zoning (cawring apartment, hotel
court and hotel arcas) as primarily residential with
commercial use limited to that which is dependent
on, and provided in connection with, the primaq or
predominant use of the property. The protective
covenants gave a general description of affiliated
commercial facilities and smiccs which would be
permitted in the me, and stated that such services
could be built "as may be deemed necessary and
proper .._ to sewe the needs of tourists and
vacatioxzetF." The defendants constructed (I) a
"seven-eleven-type" convenience store, (2) a
separate shopping center with a bowling alley, and
(3) several eficiency apartments added on top of
the commercial strip. Of the total 9,000 sqwe feet
of improvements, only 2,000 aquare fect was for
residential living.
The appellate court in Spey noted that whew the
commercial services and facilities must be
associated with and incidental to the residential use,
they must be of such a size and nature as 10 serve
dy tenant8 of the residentid facility, although
not to the exclusion of the general pubIic. In
reversing a judgme.nt for the defendants, the court
held that the relative size of the residential and
commercial areas, the sequence *871 of events
leading to construction of the vwious postions of
the development, as well as the actual use of the
commercial portions and lack of use of the
residential portion, was evidence that thc residential
use was far from the predominant or primary use of
the property.
Likewise, the Pastoral Cenrcr in thia cast serves
primdy the business of the South Florida
Archdiocese with little dksct &tionship to any
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Village church. But for the addition of the church , wk.ch is a comparatively insignificant part of the
entixe structure, the building would not remotely
qualify as a use ancillary to the single-family
pesidim:es in the cmuxdty.
(1][2:\ A trial judge's findings of fact and
conclusions of law come to the appellate court with
a pn:srmption of cox~eccneSs and wilt not be
dishbed unless totally unsupported by competent
subsclnrial cvidcnce. hufer v. Norma Fashions,
h., 418 So.2d 437 @la. 3d DCA 1982). However, if the trial wufs decision is tnanifestly
against the weight of the evidence or is contrary to
the 1cpI effect of the evidence, it becomes the duty
of the tippellate court to reverse such a decision.
Zinger v. Gattis, 382 30.24 379 (Fla 5th DCA
1980) .md cases therein chd. Tbm is no
compttent evidence in the record of this case to
suppoit the trinl court's comAursion that the stmcture
did not violate the zoning ordinance.
By cmsrr-appeal the Archdiocese conten& rhat tbe
action fix declaratory and injunctive relief, filed
some six months after the Village council had
approved. the plans for construction of the Pastoral
Center,. was a jurisdictionally dekctive attempt to
secure an untimely and improper de novo rzview of
the council action. We do not pass ou thc propriety
of using the declaratory judgment proceeding in this
case be:ca.we, on review of the record. and the briefs,
it is clear that the question was never presented to
the trial court. National Aufomobile Insurance
Associction v. Brumit, 98 So.2d 330 (Fla.1957).
F\Irthermi)re, From the abbreviated record
present& we cannot determine to a certainty that
there were fachral impediments to the court's
exercise of subject-mttcr jurisdiction.
Reversed and remanded for further proceedings.
WJ21
Spey v. Haye$, 406 So.2d 1 176, 1179 @la.
1st DCA 1981).
435 So.2d 868
ENDOFDOCUMENT
FN2. IZ is suggested from the record and in
oral argument that consthlctivn of the
bidding was completed during the
pmdency of this litigation. That fact does
not preclude the granting of some
equitable relief if injury can be ,,proved.
63 2005 ThornsodWest. No Claim to Orig. U.S. Govt. Works.
1Aleskovosky iih;; 1
Altwater
Alhrvater
Baird Thomas
Balfour
Bellak IAlesia
Bellak IMitchell
Bwm Isusan
lcarter I Garv I
Cullifier Richard
Dinerstein Sid
Elias Bernard
Elias Joan
Clidden John
Hansen Francis
Happ Jim
lsham Lynann
Jenkins John
Jurney Bill
Kanel Amir
Lambert Roger
Malone Steve
COMMENTS FROM THE PUBLIC 7L Request to Address City Council Please Print Name: 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 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 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: zu QJc./ Subject: c hd AS k EyPw5,kJ lot. 1 cq p& I{d\\<h 1 ;) (, r Address: City: *I 8.G $1 33yI(% Members of the public may address the City Council during the ccComments 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 c- * - ..- Please Print Name: 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 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.
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 / City: 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 .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 Print / Name: Jdl. &%&J r Address: ma c&u3 Tree 0. City: 334P 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 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 ~ 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 Name: 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: 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: 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: I Address: !Om- AN CLlXB id City: YBG 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: City: 7 W 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: I b1\1[5- 4 City: 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 Print Name: City: p&& J Subject: r, EES. ‘;3G/2@? c 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 c Please Print - 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 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 ,- ' n p, ' Name: '. ., 3s 1 1 \ i'\J"iL *'. \ 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 Print Name: *I MpnLf <-& --I~(?.,*~J k2:%Rl- e.,J,+rv c* QA 6" t2 ,)i ?") L+L 7/j3 . l,/?,bdi~'-< I, .+ ; .-- . 7: %-+]n'-r; II I -. r)l , f ,+;(-/:'I :C7.c #?/"L E- fl4-c , *- : ,1 # '3' - *f$ "f",-- C' 2: -7-y *f-J ( -2 ** -x I Memb rs o the public may address the City Council dhng thdComments 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 Members oft address the Council during the “Comme 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 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: ~~ ~ ~ ~ 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: 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.
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 1 ‘f Please Print .L) ‘7 4, :,’ .JL , -+ / 1- -7‘ ’L Name: /?iyL. cs>9 p 7 p/<;’-T- 1- ‘ *- Address: - w City: Subject: 1 ’tr ,* .. ,.* ,‘ <. 4‘ 9. ’ ,. “-‘ fi +. * ”-* ‘; * L” 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 Print Name: Address: City: U’ If Lg 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 t ,. Please Print >< .“- \ -i i - r\, ( - : \y-.+.4\ *.. \- 4 ~ \-- - -.+. Name: Address: > t I City: i t, . \#/ -.. c I) . * I. r- - (&, ’, i‘ .L Subject: -L4 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 : 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 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 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: Ordinance 18,2005 & Resolution 83,2005: Christ Fellowship North Campus PUD Amendment & Conditional Use Public Hearing and Ordinance 19,2005 & Resolution 84,2005: Christ Fellowship South Campus Condition Use and Site Plan Amendment. Members of the public may address the Planning & Zoning Board 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: 3ot3,N 0wmGkl Address: @ WlvTW m2f%e City: 4% Subject: Ua 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 Address: lh? 7 1 7, .I y. /oo City: F/. / / 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.